[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.

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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.

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          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.

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            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.

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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.

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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--

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       (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

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     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--

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       (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

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     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

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     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

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     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

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     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.

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       (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.

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       (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.

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       (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)

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     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

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     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

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     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

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     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

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     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

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     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

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     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

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     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

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     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

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     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

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     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

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     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

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     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

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     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.

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       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

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     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

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     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

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     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

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     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-

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     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-

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     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

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     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;

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       (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--

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       (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

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     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.--

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       (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

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     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

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     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--

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       (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

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     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

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       ``(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

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     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

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     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.

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       (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

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       ``(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

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     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.

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       (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

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     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.--

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       (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

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     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

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     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

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       (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;

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       (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

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     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

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     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

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     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

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     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--

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       (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;

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       (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

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     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

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     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,

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       ``(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,

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     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.

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     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.

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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

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     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

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     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

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     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.
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                      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)
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     Linder
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     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
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     Pomeroy
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     Reed
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     Rose
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     Shadegg
     Shaw
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     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
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     Stearns
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     Talent
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     Tejeda
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     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.

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       (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

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     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

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     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 BRh3761 [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