E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, THURSDAY, JANUARY 9, 1997 No. 2 House of Representatives

The House met at 12 noon. COMMUNICATION FROM HON. JIM Mr. OBEY. I yield to the gentleman The Chaplain, Rev. James David BUNNING, MEMBER OF CONGRESS from Louisiana. Ford, D.D., offered the following pray- The SPEAKER laid before the House Mr. LIVINGSTON. Mr. Speaker, I er: the following communication from the will be happy to explain the changes to Let our prayers of thanksgiving, O Honorable , Member of the fiscal year 1997 Omnibus Consoli- God, rise as incense to the heavens as Congress: dated Appropriations Act proposed in we express our gratitude for all Your CONGRESS OF THE UNITED STATES, the joint resolution that is the object wondrous blessings. May Your good HOUSE OF REPRESENTATIVES, of my unanimous-consent request. words of peace, of reconciliation, of Washington, DC, January 8, 1997. As the gentleman will recall, one of faithfulness echo in our hearts and in THE SPEAKER OF THE HOUSE OF REPRESENTA- the last actions of the 104th Congress our lives. TIVES, was to pass this Omnibus Consolidated On this day we remember those men The Capitol, Washington, DC. Appropriations Act. Back in late Sep- and women who have dedicated them- DEAR MR. SPEAKER: This is to notify you that I consider my service as a member of tember, even though we were intensely selves to public service, who use their the Ethics Committee complete. negotiating for several consecutive abilities as leaders in doing the works Best personal regards, days almost around the clock, we were of righteousness and justice for all peo- JIM BUNNING, running out of time before the new fis- ple. We pray, almighty God, that You Member of Congress. cal year began. We were rushing to would bless their efforts as they seek f complete our work. In this rush, sev- to demonstrate anew the strength that eral errors and omissions were made APPOINTMENT OF MEMBER TO comes when people join in a vision that during the bill preparation so that SELECT COMMITTEE ON ETHICS unites each person for the common what was signed into law did not re- good. Mr. ARMEY. Mr. Speaker, pursuant flect the actual agreement on this bill May Your peace, O God, that You to clause 4(e)(3) of rule X, I hereby ap- in a few instances. freely give to us in the depths of our point the Honorable of The bill was hand enrolled and was hearts, be with us this day and every to fill a vacancy on the Select over 8 inches thick, plus another 4 day, we pray. Amen. Committee on Ethics. inches for the Statement of Managers. f During the preparation and reproduc- f MAKING TECHNICAL CORRECTIONS tion of the bill, one page was omitted TO OMNIBUS CONSOLIDATED AP- in the copy that became law. This bill THE JOURNAL PROPRIATIONS ACT, 1997 had 1,929 pages, and the Statement of The SPEAKER. The Chair has exam- Mr. LIVINGSTON. Mr. Speaker, I Managers had nearly 1,000 pages. While ined the Journal of the last day’s pro- offer a joint resolution (H.J. Res. 25) it is unfortunate that this type of error ceedings and announces to the House making technical corrections to the occurred, considering the sheer volume his approval thereof. Omnibus Consolidated Appropriations of the bill and the time we had to put Pursuant to clause 1, rule I, the Jour- Act of 1997 (Public Law 104–208), and for it together, I think we did a pretty nal stands approved. other purposes, and I ask unanimous good job. Section 1 of this joint resolu- tion inserts the matter that was inad- f consent that the House immediately consider and pass the joint resolution. vertently dropped. The Clerk read the title of the joint Sections 2 and 3 deal with correcting PLEDGE OF ALLEGIANCE resolution. text that did not reflect agreement on The SPEAKER. Will the gentleman The SPEAKER. Is there objection to the bill. These drafting errors resulted from [Mr. KILDEE] come for- the request of the gentleman from Lou- from failing to change all portions of ward and lead the House in the Pledge isiana? preliminary text to reflect the intent of Allegiance. Mr. OBEY. Reserving the right to ob- of the final agreement. Mr. KILDEE led the Pledge of Alle- ject, Mr. Speaker, I do not intend to The corrections proposed by this giance as follows: object, but I simply do so to enable the joint resolution reflect only the origi- I pledge allegiance to the Flag of the gentleman from Louisiana to explain nal agreement on this Omnibus Appro- United States of America, and to the Repub- his request. priations Act, not any changes to that lic for which it stands, one nation under God, Mr. LIVINGSTON. Mr. Speaker, will agreement. They are necessary to fully indivisible, with liberty and justice for all. the gentleman yield? carry out the original agreement.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H76 CONGRESSIONAL RECORD — HOUSE January 9, 1997 I thank the gentleman for yielding to The SPEAKER. Is there objection to This designation shall remain in effect for me, and I urge the adoption of this the request of the gentleman from Lou- the 105th Congress or until modified by me. joint resolution. isiana? Sincerely yours, Mr. OBEY. Mr. Speaker, I support There was no objection. ROBIN H. CARLE, Clerk. the gentleman’s motion, and I with- f draw my reservation of objection. f The SPEAKER. Is there objection to ELECTION OF MEMBERS TO CER- APPOINTMENT AS TELLERS ON the request of the gentleman from Lou- TAIN STANDING COMMITTEES OF THE PART OF THE HOUSE TO isiana? THE HOUSE There was no objection. COUNT ELECTORAL VOTES Mr. LIVINGSTON. Mr. Speaker, by The Clerk read the joint resolution, The SPEAKER. Pursuant to the pro- direction of the Republican Conference, as follows: visions of Senate Concurrent Resolu- I offer a privileged resolution (H. Res. H.J. RES. 25 tion 1, 105th Congress, the Chair ap- 25) and ask for its immediate consider- Resolved by the Senate and House of Rep- points as tellers on the part of the ation. resentatives of the United States of America in House to count the electoral votes the The Clerk read the resolution, as fol- Congress assembled, gentleman from (Mr. THOM- SECTION 1. Title III of the Departments of lows: AS) and the gentleman from Connecti- Commerce, Justice, and State, the Judiciary, H. RES. 25 and Related Agencies Appropriations Act, cut (Mr. GEJDENSON). Resolved, That the following named Mem- 1997 (as contained in DIVISION A, TITLE I— f OMNIBUS APPROPRIATIONS, section 101(a) bers be, and they are hereby, elected to the following standing committees: of the Omnibus Consolidated Appropriations ANNOUNCEMENT BY THE SPEAKER Act, 1997, Public Law 104–208) is amended Committee on Science: Mr. Sensenbrenner, under the heading ‘‘COURTS OF APPEALS, DIS- Chairman. The SPEAKER. The Chair desires to TRICT COURTS, AND OTHER JUDICIAL SERV- Committee on Small Business: Mr. Talent, make a statement. ICES—DEFENDER SERVICES’’ by striking ‘‘at- Chairman. The Chair desires to defer unani- torneys ap-’’ at the end and inserting the fol- Committee on Veterans’ Affairs: Mr. mous-consent requests and 1-minute Stump, Chairman. lowing: ‘‘attorneys appointed to represent speeches until after the formal cere- jurors in civil actions for the protection of The resolution was agreed to. A mo- mony of the day, which is the counting their employment, as authorized by 28 U.S.C. tion to reconsider was laid on the of electoral votes for President and 1875(d); $308,000,000, to remain available until table. expended as authorized by 18 U.S.C. Vice President. 3006A(i).’’. The foregoing amendment shall be f f considered for all purposes to have taken ef- fect on the date of enactment of Public Law APPOINTMENT OF TEMPORARY RECESS 104–208, and any actions taken prior to the CHIEF ADMINISTRATIVE OFFI- date of enactment of this section on the CER OF HOUSE OF REPRESENTA- The SPEAKER. Pursuant to clause 12 basis that Public Law 104–208 should be in- TIVES of rule I, the Chair declares the House terpreted as if it included the amendment in recess until approximately 12:55. made by this section, if otherwise valid, are The SPEAKER. Pursuant to the pro- Accordingly (at 12 o’clock and 9 min- ratified and approved by Congress. visions of section 208(a) of the Legisla- utes p.m.) the House stood in recess SEC. 2. Title I of the Departments of Labor, tive Reorganization Act of 1946 (2 until approximately 12:55 p.m. Health and Human Services, and Education, U.S.C. 75a–1(a)), the Chair appoints Jeff and Related Agencies Appropriations Act, Trandahl of Virginia to act as and to b 1259 1997 (as contained in DIVISION A, TITLE I— exercise temporarily the duties of f OMNIBUS APPROPRIATIONS, section 101(e) Chief Administrative Officer of the of the Omnibus Consolidated Appropriations Act, 1997, Public Law 104–208) is amended House of Representatives. AFTER RECESS under the heading ‘‘EMPLOYMENT AND TRAIN- Mr. Trandahl appeared at the bar of The recess having expired, the House ING ADMINISTRATION—STATE UNEMPLOYMENT the House and took the oath of office, was called to order by the Speaker at INSURANCE AND EMPLOYMENT SERVICE OPER- as follows: 12 o’clock and 59 minutes p.m. ATIONS’’ by striking ‘‘$23,452,000’’ and insert- Do you solemnly swear that you will f ing ‘‘$173,452,000’’. support and defend the Constitution of SEC. 3. Funds available for title IV–A–1 of the Elementary and Secondary Education the United States against all enemies, COUNTING ELECTORAL VOTES— act in title III of the Departments of Labor, foreign and domestic; that you will JOINT SESSION OF THE HOUSE Health and Human Services, and Education, bear true faith and allegiance to the AND SENATE HELD PURSUANT and Related Agencies, Appopriations Act, same; that you take this obligation TO THE PROVISIONS OF SENATE 1997 (as contained in DIVISION A, TITLE I— freely, without any mental reservation CONCURRENT RESOLUTION 1 OMNIBUS APPROPRIATIONS, section 101(e) or purpose of evasion, and that you will At 1 p.m., the Assistant Sergeant at of the Omnibus Consolidated Appropriations and faithfully discharge the duties Act, 1997, Public Law 104–208) under the head- Arms, George Awkward, announced the of the office on which you are about to ing ‘‘SCHOOL IMPROVEMENT PROGRAMS’’ shall Vice President and the Senate of the enter. So help you God. also be available for title IV–A–2 of the Ele- United States. mentary and Secondary Education Act: Pro- f The Senate entered the Hall of the vided, That, of the funds under these head- House of Representatives, headed by ings in that Act available July 1, 1997, COMMUNICATION FROM THE through September 30, 1998, $25,000,000 shall CLERK OF THE HOUSE the Vice President and the Secretary of the Senate, the Members and officers instead be available October 1, 1996, through The SPEAKER laid before the House September 30, 1997. of the House rising to receive them. the following communication from the The joint resolution was ordered to The Vice President took his seat as Clerk of the House of Representatives: be engrossed and read a third time, was the Presiding Officer of the joint con- U.S. HOUSE OF REPRESENTATIVES, vention of the two Houses, the Speaker read the third time, and passed, and a Washington, DC, January 7, 1997. motion to reconsider was laid on the Hon. Newt Gingrich, of the House occupying the chair on his table. The Speaker, U.S. House of Representatives, left. f Washington, DC. The joint session was called to order DEAR MR. SPEAKER: Under Clause 4 of Rule by the Vice President. GENERAL LEAVE III of the Rules of the U.S. House of Rep- The VICE PRESIDENT. Mr. Speaker Mr. LIVINGSTON. Mr. Speaker, I ask resentatives, I herewith designate Ms. Linda and Members of Congress, the Senate unanimous consent that all Members Nave, Deputy Clerk, to sign any and all pa- and the House of Representatives, pur- may have 5 legislative days within pers and do all other acts for me under the suant to the requirements of the Con- name of the Clerk of the House which she which to revise and extend their re- would be authorized to do by virtue of this stitution and the laws of the United marks on the joint resolution just designation, except such as are provided by States, are meeting in joint session for passed, and that I may include tabular statute, in case of my temporary absence or the purpose of opening the certificates and extraneous material. disability. and ascertaining and counting the

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H77 votes of the electors of the several Joint Session to Count Electoral Votes, Thursday, Jan. 9, b 1328 States for President and Vice Presi- 1997—Continued The House was called to order by the dent. Amount Winner Speaker. Under well-established precedents, The SPEAKER. Pursuant to Senate unless a motion shall be made in any Georgia ...... 13 Dole/Kemp Hawaii ...... 4 Clinton/Gore Concurrent Resolution 1, 105th Con- case, the reading of the formal portions Idaho ...... 4 Dole/Kemp gress, the Chair directs that the elec- of the certificates will be dispensed Illinois ...... 22 Clinton/Gore Indiana ...... 12 Dole/Kemp toral vote will be spread at large upon with. After ascertainment has been had Iowa ...... 7 Clinton/Gore the Journal. that the certificates are authentic and Kansas ...... 6 Dole/Kemp ...... 8 Clinton/Gore f correct in form, the tellers will count Louisiana ...... 9 Clinton/Gore and make a list of the votes cast by the Maine ...... 4 Clinton/Gore RECESS Maryland ...... 10 Clinton/Gore electors of the several States. ...... 12 Clinton/Gore Michigan ...... 18 Clinton/Gore The SPEAKER. Pursuant to clause 12 The tellers on the part of the two Minnesota ...... 10 Clinton/Gore of rule I, the House will stand in recess Houses will take their places at the Mississippi ...... 7 Dole/Kemp Missouri ...... 11 Clinton/Gore until 1:45 p.m. Clerk’s desk. Montana ...... 3 Dole/Kemp Accordingly (at 1 o’clock and 28 min- The Chair hands to the tellers the Nebraska ...... 5 Dole/Kemp Nevada ...... 4 Clinton/Gore utes p.m.) the House stood in recess certificates of the electors for Presi- New Hampshire ...... 4 Clinton/Gore until 1:45 p.m. dent and Vice President of the State of ...... 15 Clinton/Gore New Mexico ...... 5 Clinton/Gore f Alabama, and they will count and New York ...... 33 Clinton/Gore make a list of the votes cast by that North Carolina ...... 14 Dole/Kemp b 1345 North Dakota ...... 3 Dole/Kemp State. Ohio ...... 21 Clinton/Gore AFTER RECESS ARNER Oklahoma ...... 8 Dole/Kemp The tellers, Mr. W and Mr. Oregon ...... 7 Clinton/Gore FORD on the part of the Senate, and ...... 23 Clinton/Gore The recess having expired, the House ...... 4 Clinton/Gore was called to order by the Speaker pro Mr. THOMAS and Mr. GEJDENSON on the South Carolina ...... 8 Dole/Kemp part of the House, took their places at South Dakota ...... 3 Dole/Kemp tempore. [Mr. LIVINGSTON]) at 1 o’clock Tennessee ...... 11 Clinton/Gore and 45 minutes p.m. the desk. Texas ...... 32 Dole/Kemp Senator WARNER (one of the tell- Utah ...... 5 Dole/Kemp f Vermont ...... 3 Clinton/Gore ers). Mr. President, the certificate of Virginia ...... 13 Dole/Kemp ANNOUNCEMENT OF INTENTION TO the electoral vote of the State of Ala- Washington ...... 11 Clinton/Gore ...... 5 Clinton/Gore OFFER A RESOLUTION RAISING bama seems to be regular in form and Wisconsin ...... 11 Clinton/Gore Wyoming ...... 3 Dole/Kemp A QUESTION OF PRIVILEGES OF authentic, and it appears therefrom THE HOUSE that Bob Dole of the State of Kansas Total ...... 538 Clinton/Gore ...... 379 Mr. MILLER of California. Pursuant received 9 votes for President, and Dole/Kemp ...... 159 Jack Kemp of the State of Maryland to clause 2 of rule IX, I hereby give no- received 9 votes for Vice President. The VICE PRESIDENT. The state of tice of my intention to offer a resolu- The VICE PRESIDENT. If there is no the vote for President of the United tion which raises a question of privi- objection, the Chair will omit in the States, as delivered to the President of leges of the House. The form of the res- further procedure the formal statement the Senate, is as follows: olution is as follows: just made, and we will open the certifi- The whole number of electors ap- Be it resolved that the Select Committee cates in alphabetical order and pass to pointed to vote for President of the on Ethics should complete its final report the tellers the certificates showing the United States is 538, of which a major- concerning Representative NEWT GINGRICH, votes of the electors in each State; and ity is 270. and release that report to the public, before Bill Clinton, of the State of Arkan- the House of Representatives considers a dis- the tellers will then read, count and ciplinary resolution concerning the matter. announce the result in each State as sas, has received for President of the was done with respect to the State of United States 379 votes. The SPEAKER pro tempore. Under Alabama. Bob Dole, of the State of Kansas, has rule IX, a resolution offered from the Is there objection? received 159 votes. floor by a Member other than the ma- The state of the vote for Vice Presi- The Chair hears no objection. jority leader or the minority leader as dent of the United States, as delivered There was no objection. a question of the privileges of the to the President of the Senate, is as The tellers then proceeded to read, House has immediate precedence only follows: at a time or place designated by the count, and announce, as was done in The whole number of electors ap- the case of the State of Alabama, the Chair in the legislative schedule within pointed to vote for Vice President of 2 legislative days its being properly no- electoral votes of the several States in the United States is 538, of which a ma- alphabetical order. ticed. That designation will be an- jority is 270. nounced at a later time. In the mean- b 1315 , of the State of Tennessee, time, the form of the resolution no- has received for Vice President of the ticed by the gentleman from California The VICE PRESIDENT. Gentlemen United States 379 votes. [Mr. MILLER] will appear in the RECORD and gentlewomen of the Congress, the Jack Kemp, of the State of Maryland, at this point. certificates of all the States have now has received 159 votes. been opened and read, and the tellers This announcement shall be deemed The Chair is not at this point making will make final ascertainment of the a sufficient declaration of the persons a determination as to whether the res- result and deliver the same to the elected President and Vice President of olution constitutes a question of privi- President of the Senate. the United States, each for the term lege. That determination will be made The tellers delivered to the President beginning on the 20th day of January at the time designated for the consider- of the Senate the following statement 1997, and shall be entered, together ation of the resolution. of the results: with a list of the votes, on the Journals f of the Senate and House of Representa- ANNOUNCEMENT OF INTENTION TO Joint Session to Count Electoral Votes, Thursday, Jan. 9, tives. OFFER A RESOLUTION RAISING 1997 Members of the Congress, the purpose for which the joint session of the two A QUESTION OF PRIVILEGES OF Amount Winner Houses of Congress has been called hav- THE HOUSE Alabama ...... 9 Dole/Kemp ing been accomplished, pursuant to Mr. MILLER of California. Mr. Alaska ...... 3 Dole/Kemp Arizona ...... 8 Clinton/Gore Senate Concurrent Resolution 1, 105th Speaker, pursuant to clause 2 of rule Arkansas ...... 6 Clinton/Gore Congress, the Chair declares the joint IX, I hereby give notice of my inten- California ...... 54 Clinton/Gore Colorado ...... 8 Dole/Kemp session dissolved. tion to offer a resolution which raises a Connecticut ...... 8 Clinton/Gore (Thereupon, at 1 o’clock and 24 min- question of the privileges of the House. Delaware ...... 3 Clinton/Gore District of Columbia ...... 3 Clinton/Gore utes p.m., the joint session of the two The form of the resolution is as fol- Florida ...... 25 Clinton/Gore Houses of Congress was dissolved.) lows:

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H78 CONGRESSIONAL RECORD — HOUSE January 9, 1997 Be it resolved that the Select Committee students about their loan responsibil- follow up on our wonderful celebration on Ethics should, when it releases its final ities and helping to create more flexi- on Tuesday of this week when the new report concerning Representative NEWT ble payment options for young people. Congress, the 105th Congress in our GINGRICH, disclose to the public all docu- A spokesman for the American Council country’s history, was sworn in and to ments concerning the matter, including but remind my colleagues that amidst our not limited to the work of the special coun- on Education, an association represent- sel. ing colleges and universities, stated, welcome celebration it is good to hark- en back to the words of Winston The SPEAKER pro tempore. Under ‘‘This administration has tightened up on weaknesses in the system, and de- Churchill, who said in 1942, ‘‘The prob- rule IX, a resolution offered from the lems of victory are more agreeable floor by a Member other than the ma- faults are down.’’ I agree, Mr. Speaker, with my col- than those of defeat, but they are no jority leader or the minority leader as leagues who suggest we need to reform less difficult.’’ a question of the privileges of the our educational system. However, I dis- With that in mind, I am anxious to House has immediate precedence only agree with those who call for the aboli- work with my like minded colleagues at a time or place designated by the tion of the Department of Education. on both sides of the political aisle to Chair in the legislative schedule within To the contrary, we need to expand the serve our constituents, who elected us 2 legislative days its being properly no- role of the Federal Government with to solve the many problems facing our ticed. That designation will be an- respect to education and educational country today, and make no doubt nounced at a later time. In the mean- funding. about it, those problems are real and time, the form of the resolution no- Recently, the Department of Edu- they are severe. ticed by the gentleman from California Bill Bennett, a man that I very much cation released Pursuing Excellence: A will appear in the RECORD at this point. respect, former Education Secretary Study of Eighth Grade Mathematics The Chair is not at this point making and Drug Czar, was quoted the other and Science Teaching, Learning, Cur- a determination as to whether or not day as saying the following: ‘‘America riculum and Achievement in Inter- the resolution constitutes a question of is the most powerful, affluent and national Context. The results were not privilege. That determination will be envied nation in the world, but Amer- surprising. Although the United States made at the time designated for the ica also leads the industrialized world is making progress compared to our consideration of the resolution. in rates of murder, violent crime, juve- major economic and political allies, f nile crime, imprisonment, abortion, di- Mr. Speaker, we must do much more. vorce and single-parent families, the SPECIAL ORDERS We must and can do so much for our production and consumption of pornog- children. raphy, the production and consumption The SPEAKER pro tempore. Under Instead of focusing entirely on pun- the Speaker’s announced policy of Jan- of drugs, and that is just a partial ishing and sentencing young people, we list.’’ uary 7, 1997, and under a previous order should be searching for ways to chal- of the House, the following Members So, Mr. Speaker, I would submit that lenge and propel people into the 21st the lasting lesson of this election, the will be recognized for 5 minutes each. century equipped with the tools to f lasting lesson of politics in America keep America competitive and make has little to do with the big winners The SPEAKER pro tempore. Under a these young people viable holders of and losers on election day. The real previous order of the House, the gentle- jobs in the marketplace. moral of the story, the real moral of woman from Florida [Mrs. THURMAN] is As a new Member of Congress I in- this election is simply this. Our faith recognized for 5 minutes. tend to reach out to all of my col- in our politics cannot be separated as [Mrs. THURMAN addressed the leagues on both sides of the aisle, par- we look at the issues and as we address House. Her remarks will appear here- ticularly those in my own class. I was the problems facing the American peo- after in the Extensions of Remarks.] heartened yesterday, Mr. Speaker, by ple. Whether it be crime in the streets, f an encounter that I had with my new skyrocketing teen drug use, problems friend, the gentlewoman from Texas The SPEAKER pro tempore. Under a in education, a tax system that bank- [Ms. GRANGER]. Strong bipartisan sup- previous order of the House, the gen- rupts the family, the crisis of illegit- port is essential for any dynamic and tleman from California [Mr. DREIER] is imacy and so forth, an individual’s po- comprehensive educational reform recognized for 5 minutes. sition on these topics is greatly influ- package to gain the support of the enced by one’s moral and religious per- [Mr. DREIER addressed the House. American people. spective. His remarks will appear hereafter in The investment in America that will In fact, as the Speaker suggested in the Extensions of Remarks.] generate the largest yield is an invest- his remarks to the Congress 2 days ago, f ment in America’s potential. That is religion is the single most important BIPARTISAN SUPPORT ESSENTIAL the education of our youth. As I stated factor in determining how we vote. It FOR COMPREHENSIVE EDU- earlier, this investment effort must be is more influential than gender, race, CATION REFORM driven by bipartisanship and common or income. Still there are some who sense rather than partisan ideology want to take morality and religion out The SPEAKER pro tempore. Under a which lacks both a vision and a man- of politics altogether. They want our previous order of the House, the gen- date. leaders to conduct their business while tleman from Tennessee is recognized I was pleased to see the Speaker both keeping religious and moral convic- for 5 minutes. contrite and repentant in his view of tions outside of the political debate. Mr. FORD. Mr. Speaker, today, Janu- the work facing the 105th Congress. After all they would argue you cannot ary 9, is a monumental day for post- The circumstances surrounding his legislate morality. secondary education. Just a few hours election and the will of the American In truth, however, the only thing ago President Clinton announced that people necessitate our building to- that can be legislated is morality, for the college loan default rate has fallen gether for the best interests, working every legislative act is a moral judg- to a 7-year low which translates into together for the best interests of the ment. Abraham Lincoln understood lower interest rates and more loans for future of America. this clearly when in 1860 our country young people. From a high of 22.4 per- f faced a similar cultural crisis. His op- cent in 1990 the default rate has ponents and even some of his political 1 TAKING AIM AT OUR NATION’S dropped to approximately 10 ⁄2 percent, advisers told him then not to bring mo- and I applaud the Clinton administra- PROBLEMS rality into politics or politics into reli- tion for its efforts to improve the col- The SPEAKER pro tempore. Under a gion, but he saw through their empty lection of defaulted loans and to pre- previous order of the House, the gen- arguments and recognized slavery for vent loans from falling into default tleman from California [Mr. RIGGS] is what it was, a moral crisis that de- status. recognized for 5 minutes. manded a political response. Lincoln The Department of Education has Mr. RIGGS. Mr. Speaker, I just want was a true statesman. He understood done a sensational job in counseling to take this opportunity to rise and the moral of the story.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H79 So, Mr. Speaker, I believe that we efit for one group of survivors is re- of the final report of the Ethics Com- can work together to make govern- duced by the amount of the military mittee. ment more efficient, more accountable retiree’s Social Security when the What does this mean? It means that and less intrusive, that working to- widow reaches age 62, regardless of both the Members of the House of Rep- gether we can make the problems of when she actually begins to draw So- resentatives and our constituents will victory our greatest opportunity. cial Security benefits. Under the newer be denied the access to the information f SBP plan which covers the widow in necessary on which to make an in- my congressional district, the benefit formed judgment, very similar to the b 1347 is automatically reduced at age 62 from situation that those who supported the MILITARY WIDOWS MISLED AND 55 percent to 35 percent of the military candidacy of Speaker GINGRICH earlier MISTREATED retiree’s retired pay. Even people with this week were put in, in having to The SPEAKER pro tempore (Mr. LIV- substantial incomes would have a vote for him for Speaker before they INGSTON). Under a previous order of the tough time with a reduction of more knew whether or not he was ethically House, the gentleman from California than one-third of their retirement ben- fit to be the Speaker of the House of [Mr. FILNER] is recognized for 5 min- efit. Representatives. utes. Mr. Speaker, it is time to change this What is becoming very clear is that Mr. FILNER. Mr. Speaker, the wid- misleading and unfair law. Too often it the continued orchestration of the Eth- ows of our Nation’s veterans are being causes enormous financial hardship for ics Committee by the Republican lead- misled and mistreated, misled and mis- the affected survivors. We Americans ership to try and dampen the flow of treated by our own Government. do not treat our aging citizens, some of information to the Members of Con- Although I introduced legislation 2 the most vulnerable members of our gress and to the members of the public years ago to terminate the confusing American family, with such disdain. continues. This committee should be system that discriminates against sur- Two days ago, on the first day of the allowed to function independently, and viving military spouses when they 105th Congress, I introduced H.R. 165, this committee should be allowed to reach the age of 62, no action was the Military Survivors Equity Act of function without a debt to the leader- taken on the bill, and the problem con- 1997. This bill would fix the problem by ship of this House. tinues. I know you find it hard to be- simply eliminating the callous and ab- We have hired a special counsel to lieve, Mr. Speaker, that our Govern- surd reduction in benefits that now seek that independence. That special ment condones a system that penalizes burdens our military widows. Instead, counsel should be allowed to do his aging widows. I know I was shocked they would get what they and their de- work. That special counsel should be when the situation was first described ceased spouses thought they would get: allowed to present the evidence, and to me. 55 percent of the military retiree pay. that special counsel should be allowed Let me share with the Members a sad To put it simply, no offset; a simple so- to write the final report of this com- story that is typical of the thousands lution to a difficult problem, an equi- mittee prior to the Congress voting, of these cases. When a resident of my table solution to a mean-spirited prac- voting on any recommended punish- congressional district retired after tice. ment brought forth by the committee. many years of honorable military serv- I hope I do not have to raise this But it is also very clear that it is now ice, he elected to have a portion of his issue with my colleagues a year from the intent, it is now the intent of the monthly retirement pay set aside now, and say again that our Govern- Ethics Committee to keep that from under the military survivors benefits ment is still misleading and mistreat- happening. So once again, we are put in plan, so-called SBP, so that when he ing military survivors. Let us correct the position of Alice in Wonderland, died his wife would have an income she this disgraceful situation and enact where once again we will render a ver- could count on. He knew the enormous H.R. 165 in 1997. dict first and later we will look at the sacrifices she had made in order to f facts and we will look at the evidence. maintain a home for their family dur- I think it is very, very improper that MEMBERS OF CONGRESS PUT IN ing his military career, often in parts the Members of the House of Rep- THE POSITION OF ALICE IN WON- of the world not nearly as lovely as my resentatives be put in this position by DERLAND town of San Diego. He understood and the Ethics Committee. I believe, as the appreciated that his wife had served The SPEAKER pro tempore. Under a House turned down the bipartisan rec- their country as surely as he had. previous order of the House, the gen- ommendation of the ethics investiga- He did not, however, understand that tleman from California [Mr. MILLER] is tive subcommittee and of the special following his too early untimely death, recognized for 5 minutes. counsel in not allowing them addi- the SBP would provide his wife with Mr. MILLER of California. Mr. tional time to prepare their work prod- the financial cushion she needed, but Speaker, earlier this week this Con- uct, it was for the first time, I believe, only until her 62d birthday. On the day gress and the Nation watched as the in the history of the Congress where we she became 62 her SBP benefit, which Republican leadership and the Speaker turned down a recommendation of a had been 55 percent of her husband’s re- of this House bargained with, nego- special counsel, a person that is sup- tired pay, was automatically, auto- tiated with, and twisted the arms of posed to bring independence to this, on matically reduced to 35 percent of the the members of the Republican caucus their recommendation that they need- retirement income. She received no to support the Speaker to be reelected ed additional time to complete their warning that her check would be as Speaker of this House for the 105th work product in a proper fashion for a slashed on her 62d birthday. She re- Congress. That was done because the presentation to the committee and to ceived no explanation. effort was made to be sure that we the Congress. When she was finally able to locate would vote on the Speaker of the House So we now see a series of votes being someone who could tell her why she of Representatives before the Ethics forced upon the House of Representa- was facing this crisis, she was given Committee had completed its work. tives, the sole purpose of which is to the following explanation: Your survi- That was unconscionable, Mr. Speak- deny access to information by the very vor benefits have been reduced because er, that we would in fact do that. But people that will have to vote on the when you became 62, you also became now this morning we learn that the recommendations of the Ethics Com- eligible to receive Social Security. Ethics Committee is continuing in that mittee. The Members of the House, on Puzzled, she pointed out that her So- path, because we see now that the a bipartisan basis, should reject that cial Security payment, such as it was, schedule of the Ethics Committee that notion. We should not go forward with was based on her own work. It had has been set forth by the chairperson of a vote prior to the issuance of the final nothing to do with the survivor benefit that committee requires that the report of the special counsel. plan her husband had paid into. Too House will vote on whatever rec- Then the Members can go home and bad, she was told. That is the law. ommended punishment the committee say to their constituents, however they Well, we have to change the law. The will make to the House, that the House decided to vote, that they in fact had a SBP plan is very complicated. The ben- will vote on that prior to the issuance full opportunity to examine the entire

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H80 CONGRESSIONAL RECORD — HOUSE January 9, 1997 record and to take counsel with them- bers and to the full Ethics Committee. (B) any committee reports thereon, and selves and their sense of propriety So next week there will be ample op- (C) any letter requesting a rule of the bill or resolution; and about the actions and the ethics of the portunity for all of the Members and (2) for each other bill, resolution, report, or Speaker of the House of Representa- the American people to understand the other matter on the agenda a copy of— tives, and then they cast their vote, facts about the case if they need to (A) the bill, resolution, report, or mate- rather than to be able to say to their know any more than what they have rials relating to the other matter in ques- constituents, well, I voted, and then I already heard. tion; and was able to read the report. I think that by January 21 the House (B) any report on the bill, resolution, re- There is nobody in America that be- will be in a position to make a decision port, or any other matter made by any sub- lieves that that is the way that we on how to proceed from there. committee of the Committee. should conduct the public’s business. f Emergency meeting The public’s business should be con- PUBLICATION OF THE RULES OF (c)(1) The Chair may call an emergency ducted openly and it should be con- meeting of the Committee at any time on ducted in a forthright fashion. What we THE COMMITTEE ON RULES any measure or matter which the Chair de- are witnessing over the past several 105TH CONGRESS termines to be of an emergency nature; pro- days is an effort to shut down both the The SPEAKER pro tempore (Mr. LIV- vided, however, that the Chair has made an effort to consult the ranking minority mem- INGSTON). Under a previous order of the ability of the press, the ability of the ber, or, in such member’s absence, the next public, and the ability of the Members House, the gentleman from New York ranking minority party members of the of Congress to have access to that in- [Mr. SOLOMON] is recognized for 5 min- Committee. formation to make an informed judg- utes. (2) As soon as possible after calling an ment on behalf of the Congress and on Mr. SOLOMON. Mr. Speaker, pursu- emergency meeting of the Committee, the behalf of our constituents. ant to clause 2(a)(3) of rule XI of the Chair shall notify each member of the Com- rules of the House, and rule 1(d) of the mittee of the time and location of the meet- f ing. rules of the Committee on Rules, the THE ETHICS CASE PENDING (3) To the extent feasible, the notice pro- following are the rules of the Commit- vided under paragraph (2) shall include the AGAINST SPEAKER GINGRICH tee on Rules for the 105th Congress, agenda for the emergency meeting and cop- The SPEAKER pro tempore. Under a adopted at its organizational meeting ies of available materials which would other- previous order of the House, the gen- on January 8, 1997: wise have been provided under subsection (b) if the emergency meeting was a regular tleman from Ohio [Mr. BOEHNER] is rec- RULES OF THE COMMITTEE ON RULES, U.S. meeting. ognized for 5 minutes. HOUSE OF REPRESENTATIVES, 105TH CONGRESS Special meetings Mr. BOEHNER. Mr. Speaker, the gen- RULE 1.—GENERAL PROVISIONS (d) Special meetings shall be called and tleman from California just finished (a) The rules of the House are the rules of talking about the ethics case that is convened as provided in clause 2(c)(2) of rule the Committee and its subcommittees so far XI of the Rules of the House. currently pending against the Speaker as applicable, except that a motion to recess RULE 3.—MEETING AND HEARING PROCEDURES of the House. from day to day, and a motion to dispense In general Over a week ago, in a bipartisan fash- with the first reading (in full) of a bill or res- ion, the members of the Ethics Com- olution, if printed copies are available, are (a)(1) Meetings and hearings of the Com- non-debatable motions of high privilege in mittee shall be called to order and presided mittee, five Democrats and five Repub- over by the Chair or, in the Chair’s absence, licans, came to an agreement that this the Committee. A proposed investigative or oversight report shall be considered as read by the member designated by the Chair as case would be completed on or before if it has been available to the members of the the Vice Chair of the Committee, or by the ranking majority member of the Committee January 21st of this year and that the Committee for at least 24 hours (excluding present as Acting Chair. case would be brought to the floor of Saturdays, Sundays, or legal holidays except the House before then. That was an (2) Meetings and hearings of the committee when the House is in session on such day). shall be open to the public unless closed in agreement made by the 10 members of (b) Each subcommittee is a part of the accordance with clause 2(g) of rule XI of the the Ethics Committee. I think what Committee, and is subject to the authority Rules of the House of Representatives. happened earlier this week when the and direction of the Committee and to its (3) Any meeting or hearing of the Commit- House reorganized itself is that we con- rules so far as applicable. tee that is open to the public shall be open (c) The provisions of clause 2 of rule XI of to coverage by television, radio, and still firmed that agreement. the rules of the House are incorporated by Subsequent to then, members of half photography in accordance with the provi- reference as the rules of the Committee to sions of clause 3 of the House rule XI (which of the committee, the Democrat side, the extent applicable. are incorporated by reference as part of have decided that they need more time. (d) The Committee’s rules shall be pub- these rules). We believe that that agreement should lished in the Congressional Record not later (4) When a recommendation is made as to in fact be kept. Further, the committee than 30 days after the Committee is elected the kind of rule which should be granted for agreed yesterday that for the first time in each odd-numbered year. consideration of a bill or resolution, a copy in the history of the Congress, that RULE 2.—REGULAR, ADDITIONAL, AND SPECIAL of the language recommended shall be fur- there would be an open hearing on an MEETINGS nished to each member of the Committee at Regular meetings the beginning of the Committee meeting at ethics case, primarily because the which the rule is to be considered or as soon Speaker of the House, the gentleman (a)(1) The Committee shall regularly meet thereafter as the proposed language becomes from Georgia [Mr. GINGRICH], agreed to at 10:30 a.m. on Tuesday of each week when available. the House in session. do that. So next week there will be up Quorum to 5 days of open hearings for the (2) A regular meeting of the Committee may be dispensed with if, in the judgment of (b)(1) For the purpose of hearing testimony American people to watch on C-Span, the Chairman of the Committee (hereinafter on requests for rules, five members of the other media outlets, to see the facts. in these rules referred to as the ‘‘Chair’’), Committee shall constitute a quorum. (2) For the purpose of taking testimony The Ethics Committee here in the there is no need for the meeting. and receiving evidence on measures or mat- Congress, in the process that they fol- (3) Additional regular meetings and hear- ters of original jurisdiction before the Com- low, is really bifurcated. Over the last ings of the Committee may be called by the mittee, three members of the Committee 6 months there has been a subcommit- Chair. shall constitute a quorum. tee of the Ethics Committee look at Notice for regular meetings (3) A majority of the members of the Com- the Gingrich case, two Democrats and (b) The Chair shall notify each member of mittee shall constitute a quorum for the pur- two Republicans. The Speaker has vol- the Committee of the agenda of each regular poses of reporting any measure or matter, of untarily turned over over 50,000 pages meeting of the Committee at least 48 hours authorizing a subpoena, of closing a meeting of information to the committee. This before the time of the meeting and shall pro- or hearing pursuant to clause 2(g) of rule XI vide to each member of the Committee, at of the Rules of the House (except as provided subcommittee has done its work in a in clause 2(g)(2)(A) and (B)), or of taking any bipartisan fashion. It is the sub- least 24 hours before the time of each regular meeting. other action. committee that is going to now report (1) for each bill or resolution scheduled on Voting to the full committee its findings. the agenda for consideration of a rule, a copy (c)(1) No vote may be conducted on any They have issued a preliminary report of measure or motion pending before the Com- outlining their findings to the Mem- (A) the bill or resolution, mittee unless a majority of the members of

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H81 the Committee is actually present for such RULE 5.—SUBCOMMITTEES Records purpose. Establishment and responsibilities of subcommit- (g) Each subcommittee of the Committee (2) A rollcall vote of the Committee shall tees shall provide the full Committee with copies be provided on any question before the Com- (a)(1) There shall be two subcommittees of of such records of votes taken in the sub- mittee upon the request of any member. the Committee as follows: committee and such other records with re- (3) No vote by any member of the Commit- (A) Subcommittee on Legislative and spect to the subcommittee necessary for the tee on any measure or matter may be cast by Budget Process, which shall have general re- Committee to comply with all rules and reg- proxy. sponsibility for measures or matters related ulations of the House. (4) A record of the vote of each Member of to relations between the Congress and the RULE 6.—STAFF the Committee on each rollcall vote on any Executive Branch. In general matter before the Committee shall be avail- (B) Subcommittee on Rules and Organiza- (a)(1) Except as provided in paragraphs (2) able for public inspection at the offices of tion of the House, which shall have general and (3), the professional and other staff of the Committee, and, with respect to any responsibility for measures or matters relat- the Committee shall be appointed, by the rollcall vote on any motion to amend or re- ed to relations between the two Houses of Chair, and shall work under the general su- port, shall be included in the report of the Congress, relations between the Congress pervision and direction of the Chair. Committee showing the total number of and the Judiciary, and internal operations of (2) All professional, and other staff pro- votes cast for and against and the names of the House. vided to the minority party members of the those members voting for and against. (2) In addition, each subcommittee shall Committee shall be appointed, by the rank- Hearing procedures have specific responsibility for such other ing minority member of the Committee, and measures or matters as the Chair refers to it. shall work under the general supervision and (d)(1) With regard to hearings on matters (3) Each subcommittee of the Committee direction of such member. of original jurisdiction, to the greatest ex- shall review and study, on a continuing (3) The appointment of all professional tent practicable: (A) each witness who is to basis, the application, administration, exe- staff shall be subject to the approval of the appear before the Committee shall file with cution, and effectiveness of those laws, or Committee as provided by, and subject to the the Committee at least 24 hours in advance parts of laws, the subject matter of which is provisions of, clause 6 of rule XI of the Rules of the appearance a statement of proposed within its general responsibility. of the House. testimony in written and electronic form Referral of measures and matters to subcommit- Associate staff and shall limit the oral presentation to the tees (b) Associate staff for members of the Com- Committee to a brief summary thereof; and mittee may be appointed only at the discre- (B) each witness appearing in a non-govern- (b)(1) In view of the unique procedural re- sponsibilities of the Committee, no special tion of the Chair (in consultation with the mental capacity shall include with the state- ranking minority member regarding any mi- ment of proposed testimony provided in writ- order providing for the consideration of any bill or resolution shall be referred to a sub- nority party associate staff), after taking ten and electronic form a curriculum vitae into account any staff ceilings and budg- and a disclosure of the amount and source committee of the Committee. (2) The Chair shall refer to a subcommittee etary constraints in effect at the time, and (by agency and program) of any Federal such measures or matters of original juris- any terms, limits, or conditions established grant (or subgrant thereof) or contract (or diction as the Chair deems appropriate given by the Committee on House Oversight under subcontract thereof) received during the cur- its jurisdiction and responsibilities. clause 6 of House rule XI. rent fiscal year or either of the two preced- (3) All other measures or matters of origi- Subcommittee staff ing fiscal years. nal jurisdiction shall be subject to consider- (2) The five-minute rule shall be observed (c) From funds made available for the ap- ation by the full Committee. pointment of staff, the Chair of the Commit- in the interrogation of each witness before (4) In referring any measure or matter of tee shall, pursuant to clause 5(d) of House the Committee until each member of the original jurisdiction to a subcommittee, the rule XI, ensure that sufficient staff is made Committee has had an opportunity to ques- Chair may specify a date by which the sub- available to each subcommittee to carry out tion the witness. committee shall report thereon to the Com- its responsibilities under the rules of the (3) The provisions of clause 2(k) of rule XI mittee. Committee, and, after consultation with the of the rules of the House shall apply to any (5) The Committee by motion may dis- ranking minority member of the Committee, investigative hearing conducted by the Com- charge a subcommittee from consideration that the minority party of the Committee is mittee. of any measure or matter referred to a sub- treated fairly in the appointment of such Subpoenas and oaths committee of the Committee. staff. (e)(1) Pursuant to clause 2(m) of rule XI of Composition of subcommittees Compensation of staff the Rules of the House of Representatives, a (c) The size and ratio of each subcommit- (d) The Chair shall fix the compensation of subpoena may be authorized and issued by tee shall be determined by the Committee all professional and other staff of the Com- the Committee or a subcommittee in the and members shall be elected to each sub- mittee, after consultation with the ranking conduct of any investigation or series of in- committee, and to the positions of chairman minority member regarding any minority vestigations or activities, only when author- and ranking minority member thereof, in ac- party staff. ized by a majority of the members voting, a cordance with the rules of the respective Certification of staff majority being present. party caucuses. The Chair of the full Com- (e)(1) To the extent any staff member of (2) The Chair may authorize and issue sub- mittee shall designate a member of the ma- the Committee or any of its subcommittees poenas under such clause during any period jority party on each subcommittee as its does not work under the direct supervision in which the House has adjourned for a pe- vice chairman. and direction of the Chair, the Member of riod of longer than three days. Subcommittee meetings and hearings the Committee who supervises and directs (3) Authorized subpoenas shall be signed by (d)(1) Each subcommittee of the Commit- the staff member’s work shall file with the the Chair or by any member designated by tee is authorized to meet, hold hearings, re- Chief of Staff of the Committee (not later the Committee, and may be served by any ceive testimony, mark up legislation, and re- than the tenth day of each month) a certifi- person designated by the Chair or such mem- port to the full Committee on any measure cation regarding the staff member’s work for ber. or matter referred to it. that member for the preceding calendar (4) The Chair, or any member of the Com- (2) No subcommittee of the Committee month. mittee designated by the Chair, may admin- may meet or hold a hearing at the same time (2) The certification required by paragraph ister oaths to witnesses before the Commit- as a meeting or hearing of the full Commit- (1) shall be in such form as the Chair may tee. tee is being held. prescribe, shall identify each staff member RULE 4.—GENERAL OVERSIGHT AND (3) The chairman of each subcommittee by name, and shall state that the work en- INVESTIGATIVE RESPONSIBILITIES shall schedule meetings and hearings of the gaged in by the staff member and the duties subcommittee only after consultation with assigned to the staff member for the member (a) The Committee shall review and study, the Chair. of the Committee with respect to the month on a continuing basis, the application, ad- Quorum in question met the requirements of clause 6 ministration, execution, and effectiveness of of rule XI of the Rules of the House of Rep- (e)(1) For the purpose of taking testimony, those laws, or parts of laws, the subject mat- resentatives. ter of which is within its jurisdiction. two members of the subcommittee shall con- (3) Any certification of staff of the Com- (b) Not later than February 15 of the first stitute a quorum. mittee, or any of its subcommittees, made session of Congress, the Committee shall (2) For all other purposes, a quorum shall by the Chair in compliance with any provi- meet in open session, with a quorum present, consist of a majority of the members of a sion of law or regulation shall be made (A) to adopt its oversight plans for that Con- subcommittee. on the basis of the certifications filed under gress for submission to the Committee on Effect of a vacancy paragraph (1) to the extent the staff is not House Oversight and the Committee on Gov- (f) Any vacancy in the membership of a under the Chair’s supervision and direction, ernment Reform and Oversight, in accord- subcommittee shall not affect the power of and (B) on his own responsibility to the ex- ance with the provisions of clause 2(d) of the remaining members to execute the func- tent the staff is under the Chair’s direct su- House rule X. tions of the subcommittee. pervision and direction.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H82 CONGRESSIONAL RECORD — HOUSE January 9, 1997 RULE 7.—BUDGET, TRAVEL, PAY OF WITNESSES tion at reasonable times in the offices of the CORRECTION OF CONGRESSIONAL Budget Committee. RECORD OF JANUARY 7, 1997, (a) The Chair, in consultation with other (3) All Committee hearings, records, data, PAGES H–29—H–31 members of the Committee, shall prepare for charts, and files shall be kept separate and each Congress a budget providing amounts distinct from the congressional office for staff, necessary travel, investigation, and records of the Chair, shall be the property of ELECTION OF MAJORITY MEM- other expenses of the Committee and its sub- the House, and all Members of the House BERS TO CERTAIN STANDING committees. shall have access thereto as provided in COMMITTEES OF THE HOUSE Travel clause 2(e)(2) of rule XI of the Rules of the House. Mr. BOEHNER. Mr. Speaker, by di- (b)(1) The Chair may authorize travel for rection of the Republican Conference, I any member and any staff member of the (4) The records of the Committee at the Committee in connection with activities or offer a privileged resolution (H. Res. 12) National Achieves and Records Administra- and ask for its immediate consider- subject matters under the general jurisdic- tion shall be made available for public use in tion of the Committee. Before such author- accordance with rule XXXVI of the rules of ation. ization is granted, there shall be submitted the House of Representatives. The Chair The Clerk read the resolution, as fol- to the Chair in writing the following: shall notify the ranking minority member of lows: (A) The purpose of the travel. any decision, pursuant to clause 3(b)(3) or H. RES. 12 (B) The dates during which the travel is to clause 4(b) of the rule, to withhold a record Resolved, That the following named Mem- occur. otherwise available, and the matter shall be (C) The names of the States or countries to bers be, and they are hereby, elected to the presented to the Committee for a determina- be visited and the length of time to be spent following standing committees: tion on written request of any member of the in each. Committee on Agriculture: Mr. Smith of (D) The names of members and staff of the Committee. Oregon, Chairman; Mr. Combest; Mr. Barrett of Nebraska; Mr. Boehner; Mr. Ewing; Mr. Committee for whom the authorization is Committee publications on the internet sought. Doolittle; Mr. Goodlatte; Mr. Pombo; Mr. (2) Members and staff of the Committee (c) To the maximum extent feasible, the Canady; Mr. Smith of Michigan; Mr. Everett; shall make a written report to the Chair on Committee shall make its publications avail- Mr. Lucas; Mr. Lewis of Kentucky; Mrs. any travel they have conducted under this able in electronic form. Chenoweth; Mr. Hostettler; Mr. Bryant; Mr. subsection, including a description of their Foley; Mr. Chambliss; Mr. LaHood; Mrs. Em- itinerary, expenses, and activities, and of Calendars erson; Mr. Moran of Kansas; Mr. Blunt; Mr. pertinent information gained as a result of Pickering; Mr. Bob Schaffer of Colorado; Mr. (d)(1) The Committee shall maintain a Thune; Mr. Jenkins; and Mr. Cooksey. such travel. Committee Calendar, which shall include all (3) Members and staff of the Committee Committee on Appropriations: Mr. Living- bills, resolutions, and other matters referred ston, Chairman; Mr. McDade; Mr. Young of performing authorized travel on official busi- to or reported by the Committee and all ness shall be governed by applicable laws, Florida; Mr. Regula; Mr. Lewis of California; bills, resolutions, and other matters reported Mr. Porter; Mr. Rogers; Mr. Skeen; Mr. Wolf; resolutions, and regulations of the House and by any other committee on which a rule has of the Committee on House Oversight. Mr. DeLay; Mr. Kolbe; Mr. Packard; Mr. Cal- been granted or formally requested, and such lahan; Mr. Walsh; Mr. Taylor of North Caro- Pay of witnesses other matters as the Chair shall direct. The lina; Mr. Hobson; Mr. Istook; Mr. Bonilla; (c) Witnesses may be paid from funds made Calendar shall be published periodically, but Mr. Knollenberg; Mr. Miller of Florida; Mr. available to the Committee in its expense in no case less often than once in each ses- Dickey; Mr. Kingston; Mr. Parker; Mr. resolution subject to the provisions of rule sion of Congress. Frelinghuysen; Mr. Wicker; Mr. Forbes; Mr. XXXV of the rules of the House. (2) The staff of the Committee shall furnish Nethercutt; Mr. Neumann; Mr. Cunningham; RULE 8.—COMMITTEE ADMINISTRATION each member of the Committee with a list of Mr. Tiahrt; Mr. Wamp; Mr. Latham; Mrs. Reporting all bills or resolutions (A) reported from the Northup; and Mr. Aderholt. (a) Whenever the Committee authorizes Committee but not yet considered by the Committee on Banking and Financial the favorable reporting of a bill or resolution House, and (B) on which a rule has been for- Services: Mr. Leach, Chairman; Mr. McCol- from the Committee— mally requested but not yet granted. The list lum; Mrs. Roukema; Mr. Bereuter; Mr. (1) the Chair or acting Chair shall report it shall be updated each week when the House Baker; Mr. Lazio; Mr. Bachus; Mr. Castle; Mr. King; Mr. Campbell; Mr. Royce; Mr. to the House or designate a member of the is in session. Committee to do so, and Lucas; Mr. Metcalf; Mr. Ney; Mr. Ehrlich; (3) For purposes of paragraphs (1) and (2), a (2) in the case of a bill or resolution in Mr. Barr of Georgia; Mr. Fox; Mr. LoBiondo; rule is considered as formally requested which the Committee has original jurisdic- Mr. Watts of Oklahoma; Mrs. Kelly; Mr. tion, the Chair shall allow, to the extent when the Chairman of a committee which Paul; Mr. Weldon of Florida; Mr. Ryun; Mr. that the anticipated floor schedule permits, has reported a bill or resolution (or a mem- Cook; Mr. Snowbarger; Mr. Riley; Mr. Hill; any member of the Committee a reasonable ber of such committee authorized to act on and Mr. Sessions. amount of time to submit views for inclusion the Chairman’s behalf) (A) has requested, in Committee on the Budget: Mr. Kasich, in the Committee report on the bill or reso- writing to the Chair, that a hearing be Chairman; Mr. Hobson; Mr. Shays; Mr. lution. scheduled on a rule for the consideration of Herger; Mr. Bunning; Mr. Smith of Texas; the bill or resolution, and (B) has supplied Mr. Miller of Florida; Mr. Franks of New Jer- Any such report shall contain all matters re- the Committee with an adequate number of sey; Mr. Smith of Michigan; Mr. Inglis of quired by the rules of the House of Rep- South Carolina; Ms. Molinari; Mr. Nussle; resentatives (or by any provision of law en- copies of the bill or resolution, as reported, Mr. Hoekstra; Mr. Shadegg; Mr. Radanovich; acted as an exercise of the rulemaking power together with the final printed committee Mr. Bass; Mr. Neumann; Mr. Parker; Mr. of the House) and such other information as report thereon. Ehrlich; Mr. Gutknecht; Mr. Hilleary; Ms. the Chair deems appropriate. Other procedures Granger; Mr. Sununu; and Mr. Pitts. Records Committee on Commerce: Mr. Bliley, (e) The Chair may establish such other (b)(1) There shall be a transcript made of Chairman; Mr. Tauzin; Mr. Oxley; Mr. Bili- Committee procedures and take such actions each regular meeting and hearing of the rakis; Mr. Dan Schaefer of Colorado; Mr. as may be necessary to carry out these rules Committee, and the transcript may be print- Barton of Texas; Mr. Hastert; Mr. Upton; Mr. or to facilitate the effective operation of the ed if the Chair decides it is appropriate or if Stearns; Mr. Paxon; Mr. Gillmor; Mr. Klug; Committee and its subcommittees in a man- a majority of the Members of the Committee Mr. Greenwood; Mr. Crapo; Mr. Cox; Mr. Deal ner consistent with these rules. requests such printing. Any such transcripts of Georgia; Mr. Largent; Mr. Burr of North shall be a substantially verbatim account of RULE 9.—AMENDMENTS TO COMMITTEE RULES Carolina; Mr. Bilbray; Mr. Whitfield; Mr. remarks actually made during the proceed- Ganske; Mr. Norwood; Mr. White; Mr. ings, subject only to technical, grammatical, The rules of the Committee may be modi- Coburn; Mr. Lazio; Mrs. Cubin; Mr. Rogan; and typographical corrections authorized by fied, amended or repealed, in the same man- and Mr. Shimkus. the person making the remarks. Nothing in ner and method as prescribed for the adop- Committee on Education and the this paragraph shall be construed to require tion of committee rules in clause 2 of rule XI Workforce: Mr. Goodling, Chairman; Mr. that all such transcripts be subject to cor- of the Rules of the House, but only if written Petri; Mrs. Roukema; Mr. Fawell; Mr. rection and publication. notice of the proposed change has been pro- Ballenger; Mr. Barrett of Nebraska; Mr. (2) The Committee shall keep a record of vided to each such Member at least 48 hours Hoekstra; Mr. KcKeon; Mr. Castle; Mr. Sam all actions of the Committee and of its sub- before the time of the meeting at which the Johnson of Texas; Mr. Talent; Mr. Green- committees. The record shall contain all in- vote on the change occurs. Any such change wood; Mr. Knollenberg; Mr. Riggs; Mr. Gra- formation required by clause 2(e)(1) of rule in the rules of the Committee shall be pub- ham; Mr. Souder; Mr. McIntosh; Mr. Nor- XI of the rules of the House of Representa- lished in the Congressional Record within 30 wood; Mr. Paul; Mr. Peterson of Pennsylva- tives and shall be available for public inspec- calendar days after their approval. nia; and Mr. Bob Schaffer of Colorado.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H83 Committee on Government Reform and The SPEAKER pro tempore. Is there Ken Bentsen, Texas; Jim Davis, Florida; Oversight: Mr. Burton of Indiana, Chairman; objection to the request of the gen- Brad Sherman, California; Robert Weygand, Mr. Gilman; Mr. Hastert; Mrs. Morella; Mr. tleman from Ohio? Rhode Island. Shays; Mr. Schiff; Mr. Cox; Ms. Ros- There was no objection. COMMITTEE ON COMMERCE Lehtinen; Mr. McHugh; Mr. Horn; Mr. Mica; The resolution was agreed to. , Michigan; Henry Waxman, Mr. Davis; Mr. McIntosh; Mr. Souder; Mr. California; Edward Markey, Massachusetts; Scarborough; Mr. Shadegg; Mr. LaTourette; A motion to reconsider was laid on the table. , Texas; Bill Richardson, New Mr. Sanford; Mr. Ehrlich; Mr. Sununu; Mr. Mexico; Rick Boucher, Virginia; Thomas Sessions; Mr. Pappas; Mr. Brady; and Mr. f Manton, New York; Edolphus Towns, New Snowbarger. York; Sherrod Brown, Ohio; Bart Gordon, Committee on House Oversight: Mr. Thom- ELECTION OF MINORITY MEMBERS TO CERTAIN STANDING COMMIT- Tennessee; Elizabeth Furse, Oregon; Peter as, Chairman; Mr. Boehner; Mr. Ehlers; Mr. Deutsch, Florida; Bobby Rush, Illinois; Anna Ney; and Ms. Granger. TEES OF THE HOUSE Eshoo, California; Ron Klink, Pennsylvania; Committee on International Relations: Mr. Mr. FAZIO of California. Mr. Speak- , Michigan; Eliot Engel, New Gilman, Chairman; Mr. Goodling; Mr. Leach; er, I offer a privileged resolution (H. York; Albert Wynn, Maryland; , Mr. Hyde; Mr. Bereuter; Mr. Smith of New Texas; Karen McCarthy, Missouri; Ted Jersey; Mr. Burton of Indiana; Mr. Gallegly; Res. 13) and ask for its immediate con- sideration. Strickland, Ohio; Diana DeGette, Colorado; Ms. Ros-Lehtinen; Mr. Ballenger; Mr. Tom Sawyer, Ohio. Rohrabacher; Mr. Manzullo; Mr. Royce; Mr. The Clerk read the resolution, as fol- King; Mr. Kim; Mr. Chabot; Mr. Sanford; Mr. lows: COMMITTEE ON EDUCATION AND THE WORKFORCE William Clay, Missouri; George Miller, Salmon; Mr. Houghton; Mr. Campbell; Mr. H. RES. 13 Fox; Mr. McHugh; Mr. Graham; Mr. Blunt; California; , Michigan; Matthew Resolved, That the following named Mem- and Mr. Moran of Kansas. Martinez, California; Major Owens, New Committee on the Judiciary: Mr. Hyde, bers be, and they are hereby, elected to the York; Donald Payne, New Jersey; Patsy Chairman; Mr. Sensenbrenner; Mr. McCol- following standing committees of the House Mink, Hawaii; Robert Andrews, New Jersey; lum; Mr. Gekas; Mr. Coble; Mr. Smith of of Representatives: Tim Roemer, Indiana; Robert Scott, Vir- Texas; Mr. Schiff; Mr. Gallegly; Mr. Canady; COMMITTEE ON AGRICULTURE ginia; Lynn Woolsey, California; Carlos Ro- Mr. Inglis of South Carolina; Mr. Goodlatte; , Texas; George Brown, mero-Barcelo´ , Puerto Rico; , Mr. Buyer; Mr. Bono; Mr. Bryant; Mr. Jr., California; Gary Condit, California; Pennsylvania; Earl Blumenauer, Oregon; Chabot; Mr. Barr of Georgia; Mr. Jenkins; Collin Peterson, Minnesota; Calvin Dooley, Ruben Hinojosa, Texas; Carolyn McCarthy, Mr. Hutchinson; Mr. Pease; and Mr. Cannon. California; Eva Clayton, North Carolina; New York; John Tierney, Massachusetts; Committee on National Security: Mr. David Minge, Minnesota; Earl Hilliard, Ala- Ron Kind, Wisconsin; Loretta Sanchez, Cali- Spence, Chairman; Mr. Stump; Mr. Hunter; bama; Earl Pomeroy, North Dakota; Tim fornia; and Harold Ford, Jr., Tennessee. Mr. Kasich; Mr. Bateman; Mr. Hansen; Mr. Holden, Pennsylvania; Scotty Baesler, Ken- COMMITTEE ON GOVERNMENT REFORM AND Weldon of Pennsylvania; Mr. Hefley; Mr. tucky; Sanford Bishop, Jr., Georgia; Bennie OVERSIGHT Saxton; Mr. Buyer; Mrs. Fowler; Mr. Thompson, Mississippi; Sam Farr, Califor- Henry Waxman, California; Tom Lantos, McHugh; Mr. Talent; Mr. Everett; Mr. Bart- nia; John Baldacci, Maine; Marion Berry, Ar- California; Robert Wise, West Virginia; lett of Maryland; Mr. McKeon; Mr. Lewis of kansas; Virgil Goode, Virginia; Mike McIn- Major Owens, New York; Edolphus Towns, Kentucky; Mr. Watts of Oklahoma; Mr. tyre, North Carolina; , New York; , Pennsylvania; Thornberry; Mr. Hostettler; Mr. Chambliss; Michigan; Bobby Etheridge, North Carolina; Gary Condit, California; Collin Peterson, Mr. Hilleary; Mr. Scarborough; Mr. Jones; Chris John, Louisiana. Minnesota; Carolyn Maloney, New York; Mr. Graham; Mr. Bono; Mr. Ryun; Mr. COMMITTEE ON APPROPRIATIONS Thomas Barrett, Wisconsin; Eleanor Holmes- Pappas; Mr. Riley; and Mr. Gibbons. David Obey, Wisconsin; Sidney Yates, Illi- Norton, District of Columbia; Chaka Fattah, Committee on Resources: Mr. Young of Pennsylvania; , Pennsylvania; Alaska, Chairman; Mr. Tauzin; Mr. Hansen; nois; Louis Stokes, Ohio; , Pennsylvania; Norm Dicks, Washington; Elijah Cummings, Maryland; Dennis Mr. Saxton; Mr. Gallegly; Mr. Duncan; Mr. Kucinich, Ohio; and Rod Blagojevich, Illi- Hefley; Mr. Doolittle; Mr. Gilchrest; Mr. Cal- Martin Sabo, Minnesota; Julian Dixon, Cali- fornia; Vic Fazio, California; Bill Hefner, nois. vert; Mr. Pombo; Mrs. Cubin; Mrs. COMMITTEE ON HOUSE OVERSIGHT Chenoweth; Mrs. Smith of Washington; Mr. North Carolina; Steny Hoyer, Maryland; Sam Gejdenson, Connecticut. Radanovich; Mr. Jones; Mr. Thornberry; Mr. Alan Mollohan, West Virginia; Marcy Kap- Shadegg; Mr. Ensign; Mr. Smith of Oregon; tur, Ohio; David Skaggs, Colorado; Nancy COMMITTEE ON INTERNATIONAL RELATIONS Mr. Cannon; Mr. Brady; Mr. Peterson of Pelosi, California; Peter Visclosky, Indiana; Lee Hamilton, Indiana; Sam Gejdenson, Pennsylvania; Mr. Hill; Mr. Bob Schaffer of Thomas Foglietta, Pennsylvania; Esteban Connecticut; Tom Lantos, California; How- Colorado; and Mr. Gibbons. Torres, California; Nita Lowey, New York; ard Berman, California; Gary Ackerman, Committee on Rules: Mr. Solomon, Chair- Jose Serrano, New York; Rosa DeLauro, Con- New York; Eni Faleomavaega, American man; Mr. Dreier; Mr. Goss; Mr. Linder; Ms. necticut; James Moran, Virginia; John Samoa; Matthew Martinez, California; Don- Pryce; Mr. Diaz-Balart; Mr. McInnis; Mr. Olver, Massachusetts; Ed Pastor, Arizona; ald Payne, New Jersey; Robert Andrews, New Hastings; and Mrs. Myrick. Carrie Meek, Florida; David Price, North Jersey; Robert Menendez, New Jersey; Committee on Transportation and Infra- Carolina; , Texas. Sherrod Brown, Ohio; Cynthia McKinney, structure: Mr. Shuster, Chairman; Mr. COMMITTEE ON BANKING AND FINANCIAL Georgia; Alcee Hastings, Florida; Pat Young of Alaska; Mr. Petri; Mr. Boehlert; SERVICES Danner, Missouri; Earl Hilliard, Alabama; Mr. Bateman; Mr. Coble; Mr. Duncan; Ms. Henry Gonzalez, Texas; John LaFalce, New Walter Capps, California; Brad Sherman, Molinari; Mr. Ewing; Mr. Gilchrest; Mr. Kim; York; Bruce Vento, Minnesota; Charles California; Robert Wexler, Florida; Dennis Mr. Horn; Mr. Franks of New Jersey; Mr. Schumer, New York; Barney Frank, Massa- Kucinich, Ohio; Steve Rothman, New Jersey. Mica; Mr. Quinn; Mrs. Fowler; Mr. Ehlers; chusetts; Paul Kanjorski, Pennsylvania; Jo- COMMITTEE ON THE JUDICIARY Mr. Bachus; Mr. LaTourette; Mrs. Kelly; Mr. seph Kennedy, Massachusetts; Floyd Flake, , Michigan; Barney Frank, LaHood; Mr. Baker; Mr. Riggs; Mr. Bass; Mr. New York; Maxine Waters, California; Caro- Massachusetts; Charles Schumer, New York; Ney; Mr. Metcalf; Mrs. Emerson; Mr. Pease; lyn Maloney, New York; Luis Gutierrez, New , California; Rick Boucher, Mr. Blunt; Mr. Pitts; Mr. Hutchinson; Mr. York; Lucille Roybal-Allard, California; Virginia; Jerrold Nadler, New York; Robert Cook; Mr. Cooksey; Mr. Thune; Mr. Picker- Thomas Barrett, Wisconsin; Nydia Scott, Virginia; Melvin Watt, North Caro- ing; and Ms. Granger. Velazquez, New York; Melvin Watt, North lina; Zoe Lofgren, California; Sheila Jack- Committee on Ways and Means: Mr. Ar- Carolina; Maurice Hinchey, New York; Gary son-Lee, Texas; Maxine Waters, California; cher, Chairman; Mr. Crane; Mr. Thomas; Mr. Ackerman, New York; Ken Bentsen, Texas; Marty Meehan, Massachusetts; William Shaw; Mrs. Johnson of Connecticut; Mr. Jesse Jackson, Illinois; Cynthia McKinney, DeLahunt, Massachusetts; Robert Wexler, Bunning; Mr. Houghton; Mr. Herger; Mr. Georgia; Carolyn Kilpatrick, Michigan; Jim Florida; Steve Rothman, New Jersey. McCrery; Mr. Camp; Mr. Ramstad; Mr. Maloney, Connecticut; Darlene Hooley, Or- COMMITTEE ON NATIONAL SECURITY Nussle; Mr. of Texas; Ms. egon; Julia Carson, Indiana (When Sworn). Dunn; Mr. Collins; Mr. Portman; Mr. English Ronald Dellums, California; Ike Skelton, COMMITTEE ON THE BUDGET of Pennsylvania; Mr. Ensign; Mr. Missouri; Norman Sisisky, Virginia; John Christensen; Mr. Watkins; Mr. Hayworth; John Spratt, South Carolina; Louise Spratt, North Carolina; Solomon Ortiz, Mr. Weller; and Mr. Hulshof. Slaughter, New York; Alan Mollohan, West Texas; Owen Pickett, Virginia; Lane Evans, Committee on Standards of Official Con- Virginia; Jerry Costello, Illinois; Patsy Illinois; Gene Taylor, Mississippi; Neil Aber- duct: Mr. Hansen, Chairman. Mink, Hawaii; Earl Pomeroy, North Dakota; crombie, Hawaii; Frank Tejeda, Texas (When Lynn Woolsey, California; Lucille Roybal-Al- Sworn); Martin Meehan, Massachusetts; Rob- Mr. BOEHNER (during the reading). lard, California; Lynn Rivers, Michigan; ert Underwood, Guam; Jane Harman, Califor- Mr. Speaker, I ask unanimous consent , Texas; Bennie Thompson, nia; Paul McHale, Pennsylvania; Patrick that the resolution be considered as Mississippi; Ben Cardin, Maryland; Scotty Kennedy, Road Island; Rod Blagojevich, Illi- read and printed in the RECORD. Baesler, Kentucky; David Minge, Minnesota; nois; Sylvester Reyes, Texas; Tom Allen,

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H84 CONGRESSIONAL RECORD — HOUSE January 9, 1997 Maine; Vic Snyder, Arkansas; , CORRECTION TO THE CONGRES- of the House that the Keeper of Records, Texas; Allen Boyd, Florida; Adam Smith, SIONAL RECORD OF JANUARY 7, Legislative Resource Center, Office of the Washington. 1997, PAGES H–71—H–74 Clerk, has been served with a subpoena for documents issued by the United States Dis- COMMITTEE ON RESOURCES trict Court for the District of Massachusetts. George Miller, California; Edward Markey, PROCEEDINGS OF THE HOUSE After consultation with the General Coun- Massachusetts; , West Virginia; AFTER SINE DIE ADJOURNMENT sel, I have determined that compliance with Bruce Vento, Minnesota; Dale Kildee, Michi- OF THE 104TH CONGRESS 2D SES- the subpoena is consistent with the privi- gan; Sam Gejdenson, Connecticut; Bill Rich- SION AND FOLLOWING PUBLICA- leges and precedents of the House. ardson, New Mexico; Peter DeFazio, Oregon; TION OF THE FINAL EDITION OF Sincerely, Eni Faleomavaega, American Samoa; Neil THE CONGRESSIONAL RECORD ROBIN H. CARLE. Abercrombie, Hawaii; Solomon Ortiz, Texas; OF THE 104TH CONGRESS f Owen Pickett, Virginia; , New Jersey; Calvin Dooley, California; Carlos Ro- APPOINTMENT BY THE SPEAKER RESIGNATION FROM THE HOUSE mero-Barcelo, Puerto Rico; Maurice AFTER SINE DIE ADJOURNMENT Hinchey, New York; Robert Underwood, OF REPRESENTATIVES AFTER Guam; Sam Farr, California; Patrick Ken- Pursuant to the provisions of section SINE DIE ADJOURNMENT nedy, Rhode Island; Adam Smith, Washing- 3(b)(1)(B) of Public Law 104–169, and ton; William Delahunt, Massachusetts; Chris section 7 of House Resolution 546, 104th Mr. BROWNBACK submitted the fol- John, Louisiana; Donna Green, Virgin Is- Congress, authorizing the Speaker and lowing resignation from the House of lands. the minority leader to appoint com- Representatives: missions, boards, and committees au- CONGRESS OF THE UNITED STATES, COMMITTEE ON RULES thorized by law or by the House, the HOUSE OF REPRESENTATIVES, John Joseph Moakley, Massachusetts; Speaker on October 28, 1996, appointed Washington, DC, November 26, 1996. Martin Frost, Texas; Tony P. Hall, Ohio; the following members to the National Hon. NEWT GINGRICH, Louise Slaughter, New York. Gambling Impact and Policy Commis- Speaker of the House of Representatives, sion on the part of the House: Ms. Kay The Capitol, Washington, DC. COMMITTEE ON TRANSPORTATION AND Coles James, Virginia; and Mr. J. Ter- DEAR NEWT: Attached please find a copy of INFRASTRUCTURE rence Lanni, Nevada. the letter I have sent to Kansas Governor James Oberstar, Minnesota; Nick Rahall, f Bill Graves informing him that I am resign- West Virginia; Robert Borski, Pennsylvania; ENROLLED BILL SIGNED AFTER ing from the House of Representatives effec- tive at 12:00 p.m. central time on Wednesday, William Lipinski, Illinois; Robert Wise, West SINE DIE ADJOURNMENT Virginia, James Traficant, Ohio; Peter November 27th, 1996. Mr. THOMAS, from the Committee It has been an honor and a privilege to DeFazio, Oregon; Bob Clement, Tennessee; on House Administration, reported Jerry Costello, Illinois; Glenn Poshard, Illi- serve with you in the House of Representa- that that committee had examined and tives. We enacted reforms during the 104th nois; Bud Cramer, Jr., Alabama; Eleanor found truly enrolled a bill of the House Holmes-Norton, District of Columbia; Congress that has moved this country in the of the following title, which was there- right direction. I look forward to continuing Jerrold Nadler, New York; Pat Danner, Mis- upon signed on October 23, 1996, by the to work with you to balance the federal souri; Robert Menendez, New Jersey; James Speaker pro tempore [Mrs. MORELLA]: budget, reduce the size, scope, and intrusive- Clyburn, South Carolina; Corrine Brown, H.R. 4236. An act to provide for the admin- ness of the federal government, and restore Florida; James Barcia, Michigan; Bob Filner, istration of certain Presidio properties at the American Dream. California; Eddie Bernice-Johnson, Texas; minimal cost to the Federal taxpayer, and Sincerely, , Pennsylvania; Gene Taylor, for other purposes. SAM BROWNBACK, Mississippi; Juanita Millender-McDonald, f Member of Congress. California; Elijah Cummings, Maryland; Max COMMUNICATION FROM THE Sandlin, Texas; Ellen Tauscher, California; CLERK OF THE HOUSE AFTER CONGRESS OF THE UNITED STATES, , New Jersey; Jay Johnson, Wis- SINE DIE ADJOURNMENT HOUSE OF REPRESENTATIVES, consin; Leonard Boswell, Iowa; Jim McGov- Washington, DC, November 25, 1996. ern, Massachusetts. OFFICE OF THE CLERK, Gov. BILL GRAVES, U.S. HOUSE OF REPRESENTATIVES, State Capitol, Topeka, KS. COMMITTEE ON WAYS AND MEANS Washington, DC, January 6, 1997. DEAR GOVERNOR GRAVES: For the past two Hon. NEWT GINGRICH, Charles Rangel, New York; Pete Stark, years, it has been my privilege to serve the The Speaker, California; Robert Matsui, California; Bar- people of Kansas’ Second District as their U.S. House of Representatives, bara Kennelly, Connecticut; William Coyne, elected Representative in the U.S. Congress. Washington, DC. Pennsylvania; , Michigan; Ben- DEAR MR. SPEAKER: Pursuant to the per- It has been an eventful tenure. jamin Cardin, Maryland; Jim McDermott, mission granted in Clause 5 of Rule III of the These are remarkable times, and public Washington; Gerald Kleczka, Wisconsin; Rules of the U.S. House of Representatives, servants have a tremendous opportunity and John Lewis, Georgia; Richard Neal, Massa- the Clerk received the following messages responsibility for making America a better chusetts; Michael McNulty, New York; Wil- from the Secretary of the Senate on Monday, place. liam Jefferson, Louisiana; John Tanner, Ten- January 6, 1997 at 2:06 p.m.: That the Senate failed of passage (veto There is much work to be done, and the nessee; Xavier Becerra, California; Karen message) H.R. 1833. people rightly expect that we will begin it in Thurman, Florida. With warm regards, earnest. Toward that end, I am scheduled to ROBIN H. CARLE, Clerk, be sworn in as a U.S. Senator for Kansas at Mr. FAZIO of California (during the U.S. House of Representatives. 2:00 p.m. central time, Wednesday, November reading). Mr. Speaker, I ask unanimous f 27, 1996. Accordingly, I am resigning my seat consent that the resolution be consid- in the U.S. House of Representatives effec- COMMUNICATION FROM THE ered as read and printed in the RECORD. tive at 12:00 p.m. central time, Wednesday, CLERK OF THE HOUSE AFTER November 27, 1996. The SPEAKER pro tempore. Is there SINE DIE ADJOURNMENT The work of renewing America is unfin- objection to the request of the gen- OFFICE OF THE CLERK, ished. I see cause for great hope as I believe tleman from California? U.S. HOUSE OF REPRESENTATIVES, we are now clearly focused on those very There was no objection. Washington, DC, December 30, 1996. problems which most confound us. There has never been a challenge which the American A motion to reconsider was laid upon Hon. NEWT GINGRICH, Speaker of the House, nation recognized clearly and approached the table. U.S. House of Representatives, resolutely which we did not overcome. We Washington, DC. have cause for great Thanksgiving. DEAR MR. SPEAKER: This is to formally no- Sincerely, tify you pursuant to Rule L (50) of the Rules SAM BROWNBACK.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H85 COMMUNICATION FROM THE 1996, I will be taking office as an Associate nation as Law Revision Counsel will become CLERK OF THE HOUSE AFTER Justice of the Arkansas Supreme Court on effective November 30, 1996. SINE DIE ADJOURNMENT January 1, 1997. I therefore hereby submit Permit me to provide a brief overview of my resignation as Arkansas second district the Office of the Law Revision Counsel. OFFICE OF THE CLERK, Representative in the United States Con- Functions of the Office include the classi- U.S. HOUSE OF REPRESENTATIVES, gress to you effective at noon on January 1, fication of new laws to the United States Washington, DC, December 2, 1996. 1997. Until that time I will continue to carry Code, the preparation and publication of the Hon. NEWT GINGRICH, out my duties as your Congressman. Code, the preparation of bills to enact titles The Speaker, Best personal regards, of the Code into positive law and to repeal U.S. House of Representatives, RAY THORNTON. obsolete and superseded statutes, and the Washington, DC. provision of advice and assistance to the f DEAR MR. SPEAKER: I have the honor to Committee on the Judiciary in carrying out transmit herewith a copy of the original Cer- its functions with respect and codification. COMMUNICATION FROM STAFF The Office functions with a staff of 18, all tificate of Election received from the Honor- MEMBER OF THE HONORABLE able Ron Thornburgh, Secretary of State, of whom have been appointed without regard State of Kansas, indicating that, according ANNA ESHOO AFTER SINE DIE to political affiliation and solely on the basis to the results of the General Election held on ADJOURNMENT of fitness to perform the duties of the posi- November 5, 1996, and pursuant to K.S.A. 25– tion. All have expressed the desire for career CONGRESS OF THE UNITED STATES, service in the Office. This has resulted in low 3503(d), which states, ‘‘In the event that any HOUSE OF REPRESENTATIVES, vacancy occurs . . . on or after the date of turnover and in a highly motivated, produc- Washington, DC, November 18, 1996. tive staff. My Deputy and the two Senior any general election of state officers and be- Hon. NEWT GINGRICH, fore the term of office in which the vacancy Counsels have accumulated 60 years of serv- Speaker of the House, ice with the Office. Accumulated service of has occurred expires, votes cast for the office House of Representatives, of congressman in the district in which such the seven Assistant Counsels totals 74 years Washington, DC. and that of the seven support staff 69 years. vacancy occurs shall be deemed to have been DEAR MR. SPEAKER: This is to formally no- Methods and procedures for the prepara- cast to fill such vacancy for the unexpired tify you pursuant to Rule L (50) of the Rules tion and publication of the United States term, as well as for election for the next reg- of the House that I have been served a sub- Code have been modernized. Working with ular term,’’ the Honorable Jim Ryun was poena issued by the United States District the Government Printing Office, the transi- elected to the office of Representative in Court for the Eastern District of Michigan. tion from hot metal to electronic type- Congress, from the Second Congressional After consultation with the General Coun- setting and composition for printing of the District, State of Kansas. sel, I will make the determination required Code was implemented commencing with the With warm regards, by Rule L. 1976 main edition. A computer system was ROBIN H. CARLE. Sincerely, installed in the Office for use in maintaining f CAROL D. RICHARDSON. the code database and updating it to include COMMUNICATION FROM THE f newly enacted laws. The system permits the text of new laws to be extracted from the CLERK OF THE HOUSE AFTER COMMUNICATION FROM STAFF bills database and efficiently incorporated SINE DIE ADJOURNMENT MEMBER OF THE HONORABLE into the Code database. Benefits resulting from modernization include increased pro- OFFICE OF THE CLERK, BOBBY RUSH AFTER SINE DIE ductivity, virtually error-free text, timelier U.S. HOUSE OF REPRESENTATIVES, ADJOURNMENT Washington, DC, December 2, 1996. publication, and substantial reduction in Hon. NEWT GINGRICH, CONGRESS OF THE UNITED STATES, typesetting costs. Main editions of the code The Speaker, HOUSE OF REPRESENTATIVES, were published for 1976, 1982, 1988, and 1994, U.S. House of Representatives, Washington, DC, November 12, 1996. and annual cumulative Supplements were Washington, DC. Hon. NEWT GINGRICH, published for each of the intervening years. The Code database is also utilized for a DEAR MR. SPEAKER: I have the honor to Speaker of the House, computerized Code Research and Retrieval transmit herewith a copy of the original Cer- House of Representatives, system for the legislative branch and for the tificate of Election received from the Honor- Washington, DC. annual production of the Code on CD–ROM. able Rebecca McDowell Cook, Secretary of DEAR MR. SPEAKER: This is to formally no- Response to the availability of the Code on State, State of Missouri, indicating that, ac- tify you pursuant to Rule L (50) of the Rules CD–ROM has been exceptional, with thou- cording to the results of the Special Election of the House that I have been served with a sands being purchased from the Superintend- held on November 5, 1996, the Honorable Jo subpoena issued by the Municipal Court of ent of Documents at a unit cost of about $35. Ann Emerson was elected to the office of the State of California, County of San Commencing in January 1995, the Code and Representative in Congress, from the Eighth Mateo, South San Francisco Branch. the Code classifications of new laws have Congressional District, State of Missouri. After consultation with the General Coun- been made available (utilizing the Code With warm regards, sel, I have determined that compliance with the subpoena is consistent with the privi- database) on the House Internet Law Library ROBIN H. CARLE. and on the Government Printing Office f leges and precedents of the House. Sincerely, Internet access. Usage of the House Internet Law Library to access the Code is increasing RESIGNATION FROM THE HOUSE ANNE REAM, Field Representative. significantly each month, with user totals OF REPRESENTATIVES AFTER for August in excess of 100,000. The Internet SINE DIE ADJOURNMENT f Law Library has been the subject of numer- Mr. THORNTON submitted the fol- ous good reviews and comments from both RESIGNATION OF LAW REVISION user groups and individual users. lowing resignation from the House of COUNSEL FOR THE HOUSE OF Representatives: As a result of bills prepared by the Office REPRESENTATIVES AFTER SINE and transmitted to the Committee on the CONGRESS OF THE UNITED STATES, DIE ADJOURNMENT Judiciary, three titles of the Code have been HOUSE OF REPRESENTATIVES, enacted into positive law without sub- Washington, DC, November 14, 1996. U.S. HOUSE OF REPRESENTATIVES stantive change and numerous obsolete and Hon. NEWT GINGRICH, Washington, DC, September 16, 1996. superseded laws repealed. Assistance was Speaker, U.S. House of Representatives, The Hon. NEWT GINGRICH, provided to the Committee in connection Capitol, Washington, DC. Speaker, U.S. House of Representatives, Wash- with the substantive revision and enactment DEAR MR. SPEAKER: Enclosed herewith ington, DC. into positive law of a fourth title of the please find a copy of my letter of resignation DEAR MR. SPEAKER: This past April, I com- Code. Bills to enact three other titles have as a Member of Congress, effective at noon pleted 26 years of service with the House of been transmitted to the Committee and a on January 1, 1997 which I have tendered to Representatives, first as Assistant Law Revi- bill relating to another title is in prepara- the appropriate Arkansas State Authority. sion Counsel and later as Law Revision tion. Best personal regards, Counsel for the Committee on the Judiciary What has been accomplished could not RAY THORNTON. and, since the establishment of the Office of have been done without the assistance and the Law Revision Counsel in 1975, as Law Re- expertise of an outstanding staff. I am truly CONGRESS OF THE UNITED STATES, vision Counsel for the House of Representa- indebted to them. The Office has enjoyed a HOUSE OF REPRESENTATIVES, tives. Together with prior executive branch close working relationship with the Commit- Washington, DC, November 19, 1996. service, my total service is nearing 38 years. tee on the Judiciary with regard to its con- Hon. SHARON PRIEST, Accordingly, I have concluded it is time to sideration of bills to enact titles of the Code Secretary of State, The Capitol, Little Rock, AR. retire. I am most grateful for having had the into positive law, for which I am most appre- DEAR MADAM SECRETARY: Pursuant to the privilege of serving the House as Law Revi- ciative. I also gratefully acknowledge the as- results of the general election of November 5, sion Counsel. With your approval my termi- sistance of the support offices of the House,

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H86 CONGRESSIONAL RECORD — HOUSE January 9, 1997 particularly House Information Resources obligations of the United States, under the H.R. 1772. An act to authorize the Sec- and the Office of the Legislative Counsel, Geneva Conventions to provide criminal pen- retary of the Interior to acquire certain in- and of the Government Printing Office. alties for certain war crimes. terests in the Waihee Marsh for inclusion in Respectfully yours, On August 22, 1996: the Oahu National Wildlife Refuge Complex; EDWARD F. WILLETT, Jr. H.R. 3734. An act to provide for reconcili- H.R. 2428. An act to encourage the dona- f ation pursuant to section 201(a)(1) of the con- tion of food and grocery products to non- current resolution on the budget for fiscal profit organizations for distribution to needy APPOINTMENT OF ACTING LAW year 1997. individuals by giving the Model Good Samar- REVISION COUNSEL FOR THE On September 9, 1996: itan Food Donation Act the full force and ef- HOUSE OF REPRESENTATIVES H.R. 3845. An act making appropriations fect of law; AFTER SINE DIE ADJOURNMENT for the government of the District of Colum- H.R. 2464. An act to amend Public Law 103– bia and other activities chargeable in whole 93 to provide additional lands within the Pursuant to the provisions of 2 U.S.C. or in part against the revenues of said Dis- State of Utah for the Goshute Indian Res- 285c and section 7 of the House Resolu- trict for the fiscal year ending September 30, ervation, and for other purposes; tion 546, 104th Congress, authorizing 1997, and for other purposes. H.R. 2512. An act to provide for certain the Speaker and the minority leader to On September 16, 1996: benefits of the Pick-Sloan Missouri River H.R. 3269. An act to amend the Impact Aid basin program to the Crow Creek Sioux appoint commissions, boards, and com- program to provide for a hold-harmless with mittees authorized by law or by the Tribe, and for other purposes; respect to amounts for payments relating to H.R. 2679. An act to revise the boundary of House, the Speaker on December 21, the Federal acquisition of real property, and the North Platte National Wildlife Refuge, 1996 appointed Mr. John R. Miller as for other purposes. to expand the Pettaquamscutt Cove National acting law revision counsel for the H.R. 3517. An act making appropriations Wildlife Refuge, and for other purposes; House of Representatives. for military construction, family housing, H.R. 2982. An act to direct the Secretary of and base realignment and closure for the De- f the Interior to convey the Carbon Hill Na- partment of defense for the fiscal year end- tional Fish Hatchery to the State of Ala- HOUSE BILLS AND JOINT RESOLU- ing September 30, 1997, and for other pur- bama; TION APPROVED BY THE PRESI- poses. H.R. 3120. An act to amend title 18, United H.R. 3754. An act making appropriations States Code, with respect to witness retalia- DENT AFTER SINE DIE AD- for the Legislative Branch for the fiscal year JOURNMENT tion, witness tampering and jury tampering; ending September 30, 1997, and for other pur- H.R. 3287. An act to direct the Secretary of The President, subsequent to the sine poses. the Interior to convey the Crawford National die adjournment of the 2d session, 104th On September 18, 1996: Fish Hatchery to the city of Crawford, Ne- H.R. 740. An act to confer jurisdiction on Congress, notified the Clerk of the braska; the United States Court of Federal Claims H.R. 3553. An act to amend the Federal House that on the following dates he with respect to land claims of Pueblo of Trade Commission Act to authorize appro- had approved and signed bills and joint Isleta Indian Tribe. priations for the Federal Trade Commission; resolutions of the following titles: On September 21, 1996: and H.R. 3396. An act to define and protect the On August 13, 1996: H.R. 3676. An act to amend title 18, United institution of marriage. H.R. 1975. An act to improve the manage- States Code, to clarify the intent of Congress ment of royalties from Federal and Outer On September 22, 1996: H.R. 4018. An act to make technical correc- with respect to the Federal carjacking prohi- Continental Shelf oil and gas leases, and for bition. other purposes. tions in the Federal Oil and Gas Royalty Management Act of 1982. On October 2, 1996: On August 20, 1996: H.R. 2366. An act to repeal an unnecessary H.R. 2739. An act to provide for a represen- On September 23, 1996: H.R. 3230. An act to authorize appropria- medical device reporting requirement; tational allowance for Members of the House H.R. 2504. An act to designate the Federal of Representatives, to make technical and tions for fiscal year 1997 for military activi- ties of the Department of Defense, for mili- Building located at the corner of Patton Av- conforming changes to sundry provisions of enue and Otis Street, and the United States law in consequence of administrative re- tary construction, and for defense activities of the Department of Energy, to prescribe courthouse located on Otis Street, in Ashe- forms in the House of Representatives, and ville, North Carolina, as the ‘‘Veach-Baley for other purposes; personnel strengths for such fiscal year for the Armed Forces, and for other purposes. Federal Complex’’; H.R. 3139. An act to redesignate the United H.R. 2685. An act to repeal the Medicare States Post Office building located at 245 On September 25, 1996: H.R. 1642. An act to extend nondiscrim- and Medicaid Coverage Data Bank; Centereach Mall on Middle Country Road in inatory treatment (most-favored-nation H.R. 3060. An act to implement the Proto- Centereach, New York, as the ‘‘Rose Y. treatment) to the products of Cambodia, and col on Environmental Protection to the Ant- Caracappa United States Post Office Build- for other purposes. arctic Treaty; ing’’; On September 26, 1996: H.R. 3074. An act to amend the United H.R. 3448. An act to provide tax relief for H.R. 3666. An act making appropriations States-Israel Free Trade Area Implementa- small businesses, to protect jobs, to create for the Departments of Veterans Affairs and tion Act of 1985 to provide the President with opportunities, to increase the take home pay Housing and Urban Development, and for additional proclamation authority with re- of workers, to amend the Portal-to-Portal sundry independent agencies, boards, com- spect to articles of the West Bank or Gaza Act of 1947 relating to the payment of wages missions, corporations, and offices for the Strip or a qualifying industrial zone; to employees who use employer owned vehi- fiscal year ending September 30, 1997, and for H.R. 3186. An act to designate the Federal cles, and to amend the Fair Labor Standard other purposes. building at 1655 Woodson Road in Overland, Act of 1938 to increase the minimum wage On September 30, 1996: Missouri, as the ‘‘Sammy L. Davis Federal rate and to prevent job loss by providing H.J. Res. 197. Joint resolution waiving cer- Building’’; flexibility to employers in complying with tain enrollment requirements with respect H.R. 3400. An act to designate the Federal minimum wage and overtime requirements to any bill or joint resolution of the One building and United States courthouse to be under that Act; Hundred Fourth Congress making general or constructed at a site on 18th Street between H.R. 3834. An act to redesignate the Dun- continuing appropriations for the fiscal year Dodge and Douglas Streets in Omaha, Ne- ning Post Office in Chicago, Illinois, as the 1997; braska, as the ‘‘Roman L. Hruska Federal ‘‘Roger P. McAuliffe Post Office’’; and H.R. 3610. An act making omnibus consoli- Building and United States Courthouse’’; H.R. 3870. An act to authorize the Agency dated appropriations for the fiscal year end- H.R. 3710. An act to designate the United for International Development to offer vol- ing September 30, 1997, and for other pur- States courthouse under construction at 611 untary separation incentive payments to em- poses; North Florida Avenue in Tampa, Florida, as ployees of the agency. H.R. 3675. An act making appropriations the ‘‘Sam M. Gibbons United States Court- On August 21, 1996: for the Department of Transportation and house’’; and H.R. 3103. An act to amend the Internal related agencies for the fiscal year ending H.R. 3802. An act to amend section 552 of Revenue Code of 1986 to improve portability September 30, 1997, and for other purposes; title 5, United States Code, popularly known and continuity of health insurance coverage and as the Freedom of Information Act, to pro- in the group and individual markets, to com- H.R. 3816. An act making appropriations vide for public access to information in an bat waste, fraud, and abuse in health insur- for energy and water development for the fis- electronic format, and for other purposes. ance and health care delivery, to promote cal year ending September 30, 1997, and for On October 8, 1996: the use of medical savings accounts, to im- other purposes. H.R. 1350. An act to amend the Merchant prove access to long-term care services and On October 1, 1996: Marine Act, 1936 to revitalize the United coverage, to simplify the administration of H.J. Res. 191. Joint resolution to confer States-flag merchant marine, and for other health insurance and for other purposes; and honorary citizenship of the United States on purposes; H.R. 3680. An act to amend title 18, United Agnes Gonxha Bojaxhiu, also known as H.R. 3056. An act to permit a county-oper- States Code, to carry out the international Mother Teresa; ated health insuring organization to qualify

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H87 as an organization exempt from certain re- H.R. 3068. An act to accept the request of H.R. 2579. An act to establish the National quirements otherwise applicable to health the Prairie Island Indian Community to re- Tourism Board and the National Tourism Or- insuring organizations under the Medicaid voke their charter of incorporation issued ganization to promote international travel program notwithstanding that the organiza- under the Indian Reorganization Act; and tourism to the United States; tion enrolls Medicaid beneficiaries residing H.R. 3118. An act to amend title 38, United H.R. 3005. An act to amend the Federal se- in another county. States Code, to reform eligibility for health curities laws in order to promote efficiency On October 9, 1996: care provided by the Department of Veterans and capital formation in the financial mar- H.R. 657. An act to extend the deadline Affairs, to authorize major medical facility kets, and to amend the Investment Company under the Federal Power Act applicable to construction projects for the Department, to Act of 1940 to promote more efficient man- the construction of three hydroelectric improve administration of health care by the agement of mutual funds, protect investors, projects in the State of Arkansas; Department, and for other purposes; and provide more effective and less burden- H.R. 680. An act to extend the time for con- H.R. 3458. An act to increase, effective as of some regulation; struction of certain FERC licensed hydro December 1, 1996, the rates of disability com- H.R. 3159. An act to amend title 49, United projects; pensation for veterans with service-con- States Code, to authorize appropriations for H.R. 1011. An act to extend deadline under nected disabilities and the rates of depend- fiscal years 1997, 1998, and 1999 for the Na- the Federal Power Act applicable to the con- ency and indemnity compensation for survi- tional Transportation Safety Board, and for struction of a hydroelectric project in the vors of certain service-connected disabled other purposes; State of Ohio; veterans, and for other purposes; H.R. 3166. An act to amend title 18, United H.R. 1014. An act to authorize extension of H.R. 3539. An act to amend title 49, United States Code, with respect to the crime of time limitation for a FERC-issued hydro- States Code, to reauthorize programs of the false statement in a Government matter; electric license; Federal Aviation Administration, and for H.R. 3259. An act to authorize appropria- H.R. 1031. An act for the relief of Oscar other purposes; tions for fiscal year 1997 for intelligence and Salas-Velazquez; H.R. 3546. An act to direct the Secretary of intelligence-related activities of the United H.R. 1290. An act to reinstate the permit the Interior to convey the Walhalla National States Government, the Community Man- for, and extend the deadline under the Fed- Fish Hatchery to the State of South Caro- agement Account, and the Central Intel- eral Power Act applicable to the construc- lina, and for other purposes; ligence Agency Retirement and Disability tion of, a hydroelectric project in Oregon, H.R. 3660. An act to make amendments to System, and for other purposes; and for other purposes; the Reclamation Wastewater and Ground- H.R. 3723. An act to amend title 18, United H.R. 1335. An act to provide for the exten- water Study and Facilities Act, and for other States Code, to protect proprietary economic sion of a hydroelectric project located in the purposes; information, and for other purposes; and State of West Virginia; H.R. 3871. An act to waive temporarily the H.R. 3815. An act to make technical correc- H.R. 1366. An act to authorize the exten- Medicaid enrollment composition rule for tions and miscellaneous amendments to sion of time limitation for the FERC-issued certain health maintenance organizations; trade laws. hydroelectric license for the Mt. Hope Wa- H.R. 3877. An act to designate the United On October 13, 1996: terpower Project; States Post Office building located at 351 H.R. 4137. An act to combat drug-facili- H.R. 1791. An act to amend title XIX of the West Washington Street in Camden, Arkan- tated crimes of violence, including sexual as- Social Security Act to make certain tech- sas, as the ‘‘David H. Pryor Post Office saults. nical corrections relating to physicians’ Building’’; On October 14, 1996: services; H.R. 3916. An act to make available certain H.R. 4083. An act to extend certain pro- H.R. 2501. An act to extend the deadline Voice of America and Radio Marti multi- grams under the Energy Policy and Con- under the Federal Power Act applicable to lingual computer readable text and voice re- servation Act through September 30, 1997. the construction of a hydroelectric project in cordings; On October 19, 1996: Kentucky, and for other purposes; H.R. 3973. An act to provide for a study of H.J. Res. 193. Joint resolution granting the H.R. 2508. An act to amend the Federal the recommendations of the Joint Federal- consent of Congress to the Emergency Man- Food, Drug, and Cosmetic Act to provide for State Commission on Policies and Programs agement assistance Compact; improvements in the process of approving Affecting Alaska Natives; H.J. Res. 194. Joint resolution granting the and using animal drugs, and for other pur- H.R. 4138. An act to authorize the hydrogen consent of the Congress to amendments poses; research, development, and demonstration H.R. 2594. An act to amend the Railroad programs of the Department of Energy, and made by Maryland, Virginia, and the Dis- Unemployment Insurance Act to reduce the for other purposes; trict of Columbia to the Washington Metro- waiting period for benefits payable under H.R. 4167. An act to provide for the safety politan Area Transit Regulation Compact; that Act, and for other purposes; of journeymen boxers, and for other pur- H.R. 632. An act to enhance fairness in H.R. 2630. An act to extend the deadline for poses; and compensating owners of patents used by the commencement of construction of a hydro- H.R. 4168. An act to amend the Helium Act United States; electric project in the State of Illinois; to authorize the Secretary to enter into H.R. 1087. An act to the relief of Nguyen H.R. 2660. An act to increase the amount agreements with private parties for the re- Quy An; authorized to be appropriated to the Depart- covery and disposal of helium on Federal H.R. 1281. An act to express the sense of ment of the Interior for the Tensas River Na- lands, and for other purposes. the Congress that United States Government tional Wildlife Refuge, and for other pur- October 11, 1996: agencies in possession of records about indi- poses; H.J. Res. 198. Joint resolution appointing viduals who are alleged to have committed H.R. 2695. An act to extend the deadline the day for the convening of the first session Nazi war cries should make these records under the Federal Power Act applicable to of the One Hundred Fifth Congress and the public; the construction of certain hydroelectric day for the counting in Congress of the elec- H.R. 1874. An act to modify the boundaries projects in the State of Pennsylvania; toral votes for President and Vice President of the Talladega National Forest, Alabama; H.R. 2700. An act to designate the building cast in December 1996; H.R. 3155. An act to amend the Wild and located at 8302 FM 327, Elmendorf, Texas, H.R. 543. An act to reauthorize the Na- Scenic Rivers Act by designating the Wekiva which houses operations of the United States tional Marine Sanctuaries Act, and for other River, Seminole creek, and Rock Springs Postal Service, as the ‘‘Amos F. Longoria purposes; Run in the State of Florida for study and po- Post Office Building’’; H.R. 1514. An act to authorize and facili- tential addition to the National Wild and H.R. 2773. An act to extend the deadline tate a program to enhance safety, training, Scenic Rivers System; under the Federal Power Act applicable to research and development, and safety edu- H.R. 3249. An act to authorize appropria- the construction of 2 hydroelectric projects cation in the propane gas industry for the tions for a institute or institutes to in North Carolina, and for other purposes; benefits of propane consumers and the pub- develop domestic technological capabilities H.R. 2816. An act to reinstate the license lic, and for other purposes; for the recovery of minerals from the Na- for, and extend the deadline under the Fed- H.R. 1734. An act to reauthorize the Na- tion’s seabed, and for other purposes; eral Power Act applicable to the construc- tional Film Preservation Board, and for H.R. 3378. An act to amend the Indian tion of, a hydroelectric project in Ohio, and other purposes; Health Care Improvement Act to extend the for other purposes; H.R. 1823. An act to amend the Central demonstration program for direct billing of H.R. 2869. An act to extend the deadline for Utah Project Completion Act to direct the Medicare, Medicaid, and other third party commencement of construction of a hydro- Secretary of the Interior to allow for prepay- payors; electric project in the State of Kentucky; ment of repayment contracts between the H.R. 3568. An act to designate 51.7 miles of H.R. 2967. An act to extend the authoriza- United States and the Central Utah Water the Clarion River, located in Pennsylvania, tion of the Uranium Mill Radiation Conservancy District dated December 28, as a component of the National Wild and Control Act of 1978, and for other purposes; 1965, and November 26, 1985, and for other Scenic Rivers System; H.R. 2988. An act to amend the Clean Air purposes; H.R. 3632. An act to amend title XIX of the Act to provide that traffic signal synchroni- H.R. 2297. An act to codify without sub- Social Security Act to repeal the require- zation projects are exempt from certain re- stantive change laws related to transpor- ment for annual resident review for nursing quirements of Environmental Protection tation and to improve the United States facilities under the Medicaid program and to Agency Rules; Code; require resident reviews for mentally ill or

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H88 CONGRESSIONAL RECORD — HOUSE January 9, 1997 mentally retarded residents when there is a S. 677. An act to repeal a redundant venue S. 1467. An act to authorize the construc- significant change in physical or mental con- provision, and for other purposes; tion of the Fort Peck Rural County Water dition; S. 1636. An act to designate the United Supply System, to authorize assistance to H.R. 3864. An act to amend laws authoriz- States Courthouse under construction at 1030 the Fort Peck Rural County Water District, ing auditing, reporting, and other functions Southwest 3rd Avenue, Portland, Oregon, as Inc., a nonprofit corporation, for the plan- by the General Accounting Office; the ‘‘Mark O. Hatfield United States Court- ning, design, and construction of the water H.R. 3910. An act to provide emergency house’’, and for other purposes; and supply system, and for other purposes; drought relief to the City of Corpus Christi, S. 1995. An act to authorize construction of S. 1973. An act to provide for the settle- Texas, and the Canadian River Municipal the Smithsonian Institution National Air ment of the Navajo-Hopi land dispute, and Water Authority, Texas, and for other pur- and Space Museum Dulles Center at Wash- for other purposes; and poses; ington Dulles International Airport, and for S. 2197. An act to extend the authorized pe- H.R. 4036. An act making certain provi- other purposes. riod of stay within the United States for cer- sions with respect to internationally recog- On October 2, 1996: tain nurses. nized human rights, refugees, and foreign re- S. 1507. An act to provide for the extension On October 12, 1996: lations; and of the Parole Commission to oversee cases of S. 640. An act to provide for the conserva- H.R. 4194. An act to reauthorize alternative prisoners sentenced under prior law, to re- tion and development of water and related means of dispute resolution in the Federal duce the size of the Parole Commission, and resources, to authorize the Secretary of the administrative process, and for other pur- for other purposes; and Army to construct various projects for im- poses. S. 1834. An act to reauthorize the Indian provements to rivers and harbors of the October 20, 1996: Environmental General Assistance Program United States, and for other purposes; and H.R. 1776. An act to establish United States Act of 1992, and for other purposes. S. 1505. An act to reduce risk to public safety and the environment associated with commemorative coin programs, and for On October 3, 1996: other purposes. S. 919. An act to modify and reauthorize pipeline transportation of natural gas and October 26, 1996: the Child Abuse Prevention and Treatment hazardous liquids, and for other purposes. H.R. 3219. An act to provide Federal assist- Act, and for other purposes; On October 14, 1996: ance for Indian tribe in a manner that recog- S. 1675. An act to provide for the nation- S. 2078. An act to authorize the sale of ex- cess Department of Defense aircraft to facili- nizes the right of tribal self-governance, and wide tracking of convicted sexual predators, tate the suppression of wildfire. for other purposes; and for other purposes; H.R. 3452. An act to make certain laws ap- S. 1965. An act to prevent the illegal manu- On October 19, 1996: S. 342. An act to establish the Cache La plicable to the Executive Office of the Presi- facturing and use of methamphetamine; and dent, and for other purposes; and S. 2101. An act to provide educational as- Poudre River Corridor; S. 1004. An act to authorize appropriations H.R. 4283. An act to provide for ballast sistance to the dependents of Federal law en- for the United States Coast Guard, and for water management to prevent the introduc- forcement officials who are killed or disabled other purposes; tion and spread of nonindigenous species into in the performance of their duties. S. 1194. An act to promote the research, the waters of the United States, and for On October 9, 1996: identification, assessment, and exploration other purposes. S. 1577. An act to authorize appropriations of marine mineral resources, and for other November 12, 1996: for the National Historical Publications and purposes; H.R. 4236. An act to provide for the admin- Records Commission for fiscal years 1998, S. 1649. An act to extend contracts between istration of certain Presidio properties at 1999, 2000, and 2001; the Bureau of Reclamation and irrigation minimal cost to the Federal taxpayer, and S. 1711. An act to amend title 38, United districts in Kansas and Nebraska, and for for other purposes. States Code, to improve the benefits pro- other purposes; f grams administered by the Secretary of Vet- S. 1887. An act to make improvements in erans Affairs, to provide for a study of the the operation and administration of the Fed- SENATE BILLS AND JOINT RESO- Federal programs for veterans, and for other eral courts, and for other purposes; LUTIONS APPROVED BY THE purposes; S. 2183. An act to make technical correc- PRESIDENT AFTER SINE DIE AD- S. 1802. An act to direct the Secretary of tions to the Personal Responsibility and JOURNMENT the Interior to convey certain property con- Work Opportunity Reconciliation Act of taining a fish and wildlife facility to the 1996; and The President, subsequent to the sine State of Wyoming, and for other purposes; S. 2198. An act to provide for the Advisory die adjournment of the 2d session, 104th S. 1931. An act to provide that the United Commission on Intergovernmental Relations Congress, notified the Clerk of the States Post Office and Courthouse building to continue in existence, and for other pur- House that on the following dates he located at 9 East Broad Street, Cookeville, poses. had approved and signed bills and joint Tennessee, shall be known and designated as f resolutions of the Senate of the follow- the ‘‘L. Clure Morton United States Post Of- fice and Courthouse’’; REPORTS OF COMMITTEES ON ing titles: S. 1970. An act to amend the National Mu- PUBLIC BILLS AND RESOLU- On August 6, 1996: seum of the American Indian Act to make TIONS AFTER SINE DIE AD- S. 531. An act to authorize a circuit judge improvements in the Act, and for other pur- JOURNMENT who has taken part in an in banc hearing of poses; a case to continue to participate in that case S. 2085. An act to authorize the Capitol Under clause 2 of the rule XIII, re- after taking senior status, and for other pur- Guide Service to accept voluntary services; ports of committees were delivered to poses; S. 2100. An act to provide for the extension the Clerk for printing and reference to S. 1316. An act to reauthorize and amend of certain authority for the Marshal of the the proper calendar, as follows: title XIV of the Public Health Service Act Supreme Court and the Supreme Court Po- (commonly known as the ‘‘Safe Drinking lice; [Submitted November 26, 1996] Water Act’’), and for other purposes; S. 2153. An act to designate the United Mr. SOLOMON: Committee on Rules. Sur- S. 1757. An act to amend the Development States Post Office building located in Brew- vey of activities of the House Committee on Disabilities Assistance and Bill of Rights Act er, Maine, as the ‘‘Joshua Lawrence Cham- Rules, 104th Congress (Rept. 104–868). Re- to extend the Act, and for other purposes; berlain Post Office Building’’, and for other ferred to the Committee of the Whole House and purposes; and on the State of the Union. S.J. Res. 20. Joint resolution granting the S.J. Res. 64. Joint resolution to commend [Submitted December 18, 1996] consent of Congress to the compact to pro- Operation Sail for its advancement of broth- Mr. STUMP: Committee on Veterans’ Af- vide for joint natural resource management erhood among nations, its continuing com- fairs. Activities of the Committee on Veter- and enforcement of laws and regulations per- memoration of the history of the United ans’ Affairs for the 104th Congress (Rept. 104– taining to natural resources and boating at States, and its nurturing of young cadets 869). Referred to the Committee of the Whole the Lake Project lying in through training in seamanship. House on the State of the Union. Garrett County, Maryland and Mineral On October 11, 1996: [Submitted December 19, 1996] County, West Virginia, entered into between S. 39. An act to amend the Magnuson Fish- the States of West Virginia and Maryland. ery Conservation and Management Act to Mr. LIVINGSTON: Committee on Appro- On September 24, 1996: authorize appropriations, to provide for sus- priations. Report on activities of the Com- S. 1669. An act to name the Department of tainable fisheries, and for other purposes; mittee on Appropriations during the 104th Veterans Affairs medical center in Jackson, S. 811. An act to authorize the Secretary of Congress (Rept. 104–870). Referred to the Mississippi, as the ‘‘G.V. (Sonny) Montgom- the Interior to conduct studies regarding the Committee of the Whole House on the State ery Department of Veterans Affairs Medical desalination of water and water reuse, and of the Union. Center’’. for other purposes; [Submitted December 20, 1996] On October 1, 1996: S. 1044. An act to amend title III of the Mr. SHUSTER: Committee on Transpor- S. 533. An act to clarify the rules governing Public Health Service Act to consolidate and tation and Infrastructure. Summary of legis- removal of cases to Federal court, and for reauthorize provisions relating to health lative and oversight activities of the Com- other purposes; centers, and for other purposes; mittee on Transportation and Infrastructure

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H89 for the 104th Congress (Rept. 104–871). Re- Mrs. JOHNSON of Connecticut: Committee Mr. GRAHAM. ferred to the Committee of the Whole House on Standards of Official Conduct. Report of Mr. LAHOOD. on the State of the Union. the activities of the Committee on Standards Mr. LEWIS of California in two in- [Submitted December 31, 1996] of Official Conduct during the 104th Congress stances. (Rept. 104–886). Referred to the Committee of Mr. ARCHER: Committee on Ways and Mr. SOLOMON. Means. Report on legislative and oversight the Whole House on the State of the Union. Mr. WALKER: Committee on Science. Mrs. ROUKEMA. activity of the Committee on Ways and Mr. CALVERT. Means for the 104th Congress (Rept. 104–872). Summary of activities of the Committee on Science during the 104th Congress (Rept. 104– Mr. BONO. Referred to the Committee of the Whole Mr. SPENCE. House on the State of the Union. 887). Referred to the Committee of the Whole House on the State of the Union. f [Submitted January 2, 1997] f Mrs. MEYERS: Committee on Small Busi- ADJOURNMENT ness. Report of the summary of activities of SPECIAL ORDERS GRANTED Mr. SOLOMON. Mr. Speaker, I move the Committee on Small Business during the By unanimous consent, permission to that the House do now adjourn. 104th Congress (Rept. 104–873). Referred to The motion was agreed to. the Committee of the Whole House on the address the House, following the legis- State of the Union. lative program and any special orders The SPEAKER pro tempore. Pursu- Mr. CLINGER: Committee on Government heretofore entered, was granted to: ant to the provisions of Senate Concur- Reform and Oversight. Report on the activi- (The following Members (at the re- rent Resolution 3 of the 105th Congress, ties of the Committee on Government Re- quest of Mr. FILNER) to revise and ex- the House stands adjourned until 10 form and Oversight during the 104th Con- tend their remarks and include extra- a.m., Monday, January 20, 1997. gress (Rept. 104–874). Referred to the Com- neous material:) Thereupon (at 2 o’clock and 11 min- mittee of the Whole House on the State of Mrs. THURMAN, for 5 minutes, today. utes p.m.), pursuant to Senate Concur- the Union. rent Resolution 3, the House adjourned Mr. GOODLING: Committee on Economic Mr. FORD, for 5 minutes, today. and Educational Opportunities. Report on Mr. FILNER, for 5 minutes, today. until Monday, January 20, 1997, at 10 the activities of the Committee on Economic Mr. MILLER of California, for 5 min- a.m. and Educational Opportunities during the utes, today. f 104th Congress (Rept. 104–875). Referred to (The following Member (at his own NOTICE OF PROPOSED AMEND- the Committee of the Whole House on the request) to revise and extend his re- State of the Union. MENTS TO PROCEDURAL RULES Mrs. JOHNSON of Connecticut: Committee marks and include extraneous mate- rial:) U.S. CONGRESS, on Standards of Official Conduct. Report in OFFICE OF COMPLIANCE, the matter of Representative Barbara-Rose Mr. BOEHNER, for 5 minutes, today. Washington, DC, December 20, 1996. Collins (Rept. 104–876). Referred to the House f Hon. NEWT GINGRICH, Calendar. EXTENSION OF REMARKS Speaker of the House, U.S. House of Represent- Mr. LEACH: Committee on Banking and atives, Washington, DC. Financial Services. Report on the activities By unanimous consent, permission to DEAR MR. SPEAKER: Pursuant to Section of the Committee on Banking and Financial revise and extend remarks was granted 303 of the Congressional Accountability Act Services during the 104th Congress (Rept. to: of 1995 (2 U.S.C. § 1383), I am transmitting the 104–877). Referred to the Committee of the enclosed notice of proposed rulemaking (pro- Whole House on the State of the Union. Mr. OBEY, and to include therein ex- traneous material, notwithstanding posed amendments to the Procedural Rules Mr. YOUNG of Alaska: Committee on Re- of the Office of Compliance) for publication sources. Report on legislative and oversight the fact that it exceeds 2 pages of the in the Congressional Record. activities of the Committee on Resources RECORD and is estimated by the Public The Congressional Accountability Act during the 104th Congress (Rept. 104–878). Re- Printer to cost $1,013.40. specifies that the enclosed amendments be ferred to the Committee of the Whole House (The following Members (at the re- published on the first day on which both on the State of the Union. quest of Mr. FILNER) and to include ex- Houses are in session following this trans- Mr. HYDE: Committee on the Judiciary. traneous material:) mittal. Report on the activities of the Committee on Sincerely, Mr. NEAL of Massachusetts. the Judiciary during the 104th Congress RICKY SILBERMAN, (Rept. 104–879). Referred to the Committee of Mr. RAHALL. Executive Director. the Whole House on the State of the Union. Mr. OBEY. OFFICE OF COMPLIANCE—THE CONGRESSIONAL Mr. KASICH: Committee on the Budget. ALDACCI Mr. B . ACCOUNTABILITY ACT OF 1995: PROPOSED Activities and summary report of the Com- Mr. RICHARDSON. AMENDMENTS TO PROCEDURAL RULES mittee on the Budget during the 104th Con- Mr. TRAFICANT. gress (Rept. 104–880). Referred to the Com- NOTICE OF PROPOSED RULEMAKING mittee of the Whole House on the State of Mr. STARK. Summary: The Executive Director of the Of- the Union. Mr. VENTO. fice of Compliance is publishing proposed Mr. ROBERTS: Committee on Agriculture. Mr. BENTSEN. amendments to the rules governing the pro- Report on the activities of the Committee on Mr. OWENS. cedures for the Office of Compliance under Agriculture during the 104th Congress (Rept. Mr. COYNE. the Congressional Accountability Act (P.L. 104–881). Referred to the Committee of the Mr. FILNER. 104–1, 109 Stat. 3). The proposed amendments Whole House on the State of the Union. Ms. HARMAN. to the procedural rules have been approved Mr. BLILEY: Committee on Commerce. by the Board of Directors, Office of Compli- Mr. KLINK. Report on the activity of the Committee on ance. Commerce during the 104th Congress (Rept. Mr. MATSUI. Dates: Comments are due within 30 days 104–882). Referred to the Committee of the Mr. BARCIA. after publication of this Notice in the Con- Whole House on the State of the Union. Mrs. MALONEY. gressional Record. Mr. GILMAN: Committee on International (The following Members (at the re- Addresses: Submit written comments (an Relations. Legislative review activities re- quest of Mr. SOLOMON) and to include original and ten copies) to the Executive Di- port of the Committee on International Re- extraneous material:) rector, Office of Compliance, Room LA200, lations during the 104th Congress (Rept. 104– 110 Second Street, S.E., Washington, D.C. Ms. ROS-LEHTINEN. 883). Referred to the Committee of the Whole 20540–1999. Those wishing to receive notifica- House on the State of the Union. Mr. BARTON of Texas. tion of receipts of comments are requested to Mr. SPENCE: Committee on National Se- Mr. YOUNG of Alaska. include a self-addressed, stamped post card. curity. Report of the activities of the Com- Mr. GILMAN in four instances. Comments may also be transmitted by fac- mittee on National Security during the 104th Mr. FORBES. simile (‘‘FAX’’) machine to (202) 426–1913. Congress (Rept. 104–884). Referred to the Mr. SAXTON in two instances. This is not a toll-free call. Copies of com- Committee of the Whole House on the State Mr. PETRI. ments submitted by the public will be avail- of the Union. Mr. HYDE. able for review at the Law Library Reading Mr. THOMAS: Committee on House Over- Room, LM–201, Law Library of Congress, Mr. GILLMOR. sight. Report of the activities of the Com- James Madison Memorial Building, Washing- mittee on House Oversight during the 104th Mrs. MORELLA. ton, D.C., Monday through Friday, between Congress (Rept. 104–885). Referred to the Mr. THOMAS. the hours of 9:30 a.m. and 4:00 p.m. Committee of the Whole House on the State Mr. DAVIS of Virginia. For Further Information Contact: Executive of the Union. Mr. COBLE. Director, Office of Compliance at (202) 724–

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H90 CONGRESSIONAL RECORD — HOUSE January 9, 1997 9250. This notice is also available in the fol- not apply to proceedings under section 215 of they may appropriately be issued under sec- lowing formats: large print, braille, audio the Act, but does apply to the deliberations tion 303 of the CAA. tape, and electronic file on computer disk. of hearing officers and the Board under sec- III. Text of proposed amendments to procedural Requests for this notice in an alternative tion 215. rules Section 5.01(a)(2), (b)(2), (c)(2) and (d) is format should be made to Mr. Russell Jack- § 1.01 Scope and Policy son, Director, Service Department, Office of proposed to be amended to allow for the fil- the Sergeant at Arms and Doorkeeper of the ing of complaints alleging violation of sec- These rules of the Office of Compliance Senate, (202) 224–2705. tions 210 and 215 of the CAA. govern the procedures for consideration and Section 7.07(f), relating to conduct of hear- resolution of alleged violations of the laws SUPPLEMENTARY INFORMATION ings, is to be revised to provide that, if the made applicable under Parts A, B, C, and D I. Background representative of a charging party of an en- of title II of the Congressional Accountabil- The Congressional Accountability Act of tity alleged to be responsible for correcting ity Act of 1995. The rules include procedures 1995 (‘‘CAA’’ or ‘‘Act’’) was enacted into law a violation has conflict of interest, that rep- for counseling, mediation, and for electing on January 23, 1995. In general, the CAA ap- resentative may be disqualified. between filing a complaint with the Office of plies the rights and protections of eleven fed- Section 8.03(a) relating to compliance with Compliance and filing a civil action in a dis- eral labor and employment law statutes to final decisions is to be revised to implement trict court of the United States. The rules covered employees and employing offices sections 210 and 215 of the CAA. also address the procedures for variances and within the legislative branch. Section 303 of Section 8.04 ‘‘Judicial Review’’ is proposed compliance, investigation and enforcement the CAA directs that the Executive Director to be revised to state that the United States under Part C of title II and procedures for of the Office of Compliance (‘‘Office’’) shall, Court of Appeals for the Federal Circuit the conduct of hearings held as a result of subject to the approval of the Board of Direc- shall have jurisdiction, as appropriate, over the filing of a complaint and for appeals to tors (‘‘Board’’) of the Office, adopt rules gov- petitions under sections 210(d)(4) and 215(c)(5) the Board of Directors of the Office of Com- erning the procedures for the Office, and may of the Act. pliance from Hearing Officer decisions, as amend those rules in the same manner. The (B) Proposed Subpart D of these regula- well as other matters of general applicabil- procedural rules currently in effect, ap- tions implements the provisions of section ity to the dispute resolution process and to proved by the Board and adopted by the Ex- 215(c) of the CAA, which sets forth the proce- the operations of the Office of Compliance. It ecutive Director, were published December dures for inspections, citations, notices, and is the policy of the Office that these rules 22, 1995 in the Congressional Record (141 notifications, hearings, and review, variance shall be applied with due regard to the rights Cong. R. S19239 (daily ed., Dec. 22, 1995)). procedures, and compliance regarding en- of all parties and in a manner that expedities Amendments to these rules, approved by the forcement of rights and protections of the the resolution of disputes. Board and adopted by the Executive Direc- Occupational Safety and Health Act, as ap- § 1.02(i) plied by the CAA. Under section 215(c), any tor, were published September 19, 1996 in the (i) Party. The term ‘‘party’’ means: (1) an employing office or covered employee may Congressional Record (142 Cong. R. H10672 employee or employing office in a proceeding request the General Counsel to inspect and and S10980 (daily ed., Sept. 19, 1996)). The under Part A of title II of the Act; (2) a investigate places of employment under the proposed revisions and additions that follow charging individual, an entity alleged to be jurisdiction of employing offices. A citation establish procedures for consideration of responsible for correcting a violation, or the or notice may be issued by the General Coun- matters arising under Parts B and C of title General Counsel in a proceeding under Part sel to any employing office that is respon- II of the CAA, which are generally effective B of title II of the Act; (3) an employee, em- sible for correcting a violation of section 215, January 1, 1997. ploying office, or as appropriate, the General or that has failed to correct a violation with- A summary of the proposed amendments is Counsel in a proceeding under Part C of title in the period permitted for correction. A no- set forth below in Section II; the text of the II of the Act; or (4) a labor organization, in- tification may be issued to any employing provisions that are proposed to be added or dividual employing office or employing ac- office that has failed to correct a violation revised is found in Section III. The Executive tivity, or, as appropriate, the General Coun- within the permitted time. If a violation re- Director invites comment from interested sel in a proceeding under Part D of title II of mains uncorrected, the General Counsel may persons on the content of these proposed the Act. amendments to the procedural rules. file a complaint against the employing office with the Office, which is submitted to a § 1.03(a)(3) II. Summary of Proposed Amendments to the hearing officer for decision, with subsequent (3) Faxing documents. Documents transmit- Procedural Rules review by the Board. Under section 215(c)(4), ted by FAX machine will be deemed filed on (A) Several revisions are proposed to pro- an employing office may apply to the Board the date received at the Office at 202–426– vide for consideration of matters arising for a variance from an applicable health and 1913, or, in the case of any document to be under sections 210 and 215 (Parts B and C of safety standard. In considering such applica- filed or submitted to the General Counsel, on title II) of the CAA. For example, technical tion, the Board shall exercise the authority the date received at the Office of the General changes in the procedural rules will be nec- of the Secretary of Labor under sections 6(b) Counsel at 202–426–1663. A FAX filing will be essary in order to provide for the exercise of and 6(d) of the Occupational Safety and timely only if the document is received no various rights and responsibilities under sec- Health Act of 1970 (‘‘OSHAct’’) to issue ei- later than 5:00 PM Eastern Time on the last tions 210 and 215 of the Act by the General ther a temporary or permanent variance, if day of the applicable filing period. Any party Counsel, charging individuals and entities specified conditions are met. using a FAX machine to file a document responsible for correcting violations. These The Executive Director has modeled these bears the responsibility for ensuring both proposed revisions are as follows: proposed rules under section 215(c), to the that the document is timely and accurately Section 1.01 is proposed to be amended by greatest extent practicable, on the enforce- transmitted and confirming that the Office inserting references to Parts B and C of title ment procedures set forth in the regulations has received a facsimile of the document. II of the CAA in order to clarify that the pro- of the Secretary of Labor to implement com- The party or individual filing the document cedural rules now govern procedures under parable provisions of the OSHAct (29 C.F.R., may rely on its FAX status report sheet to those Parts of the Act. parts 1903 and 1905). The proposed rules do show that it filed the document in a timely Section 1.02(i) is proposed to be amended to not follow provisions of the Secretary’s regu- manner, provided that the status report indi- redefine the term ‘‘party’’ to include, as ap- lations that are inapplicable, incompatible cates the date of the FAX, the receiver’s propriate, a charging individual or an entity with the structure of the Office of Compli- FAX number, the number of pages included alleged to be responsible for correcting a vio- ance, and/or inconsistent with the express in the FAX, and that transmission was com- lation. statutory procedures of section 215(c) of the pleted. Section 1.03(a)(3) is to be revised to provide CAA. In addition, the Secretary has identi- § 1.04(d) for, as appropriate, the filing of documents fied some provisions of Part 1903 as ‘‘general (d) Final decisions. Pursuant to section with the General Counsel. enforcement policies rather than substantive 416(f) of the Act, a final decision entered by Section 1.04(d) is proposed to be amended or procedural rules, [and thus] such policies a Hearing Officer or by the Board under sec- to provide for appropriate disclosure to the may be modified in specific circumstances tion 405(g) or 406(e) of the Act, which is in public of decisions under section 210 of the where the Secretary or his designee deter- favor of the complaining covered employee, CAA and to provide, in accordance with sec- mines that an alternative course of action or in favor of the charging party under sec- tion 416(f) of the CAA, that the Board may, would better serve the objectives of the tion 210 of the Act, or reverses a Hearing Of- at its discretion, make public decisions Act.’’ 29 CFR § 1903.1 These enforcement poli- ficer’s decision in favor of a complaining which are not otherwise required to be made cies (such as the Secretary’s policy regarding covered employee or charging party, shall be public. employee rescue activities, 29 C.F.R. made public, except as otherwise ordered by Section 1.05(a) is to be revised to allow for § 1903.14(f) are not included in these rules. the Board. The Board may make public any a charging individual or party or an entity Enforcement policies, if any, should be is- other decision at its discretion. alleged to be responsible for correcting a vio- sued by the General Counsel, to whom inves- lation to designate a representative. tigatory and enforcement authorities are as- § 1.05(a) Sections 1.07(a), 5.04 and 7.12 are to be re- signed under section 215. (a) An employee, other charging individual vised to make clear that Section 416(c), re- The Board finds that the proposed rules or party, a witness, a labor organization, an lating to confidentiality requirements, does govern ‘‘procedures of the Office.’’ Thus, employing office, or an entity alleged to be

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H91 responsible for correcting a violation wish- covered employee, the General Counsel is au- interviews concerning which no objection is ing to be represented by another individual thorized to enter without delay and at rea- raised. The General Counsel’s designee shall must file with the Office a written notice of sonable times any place of employment endeavor to ascertain the reason for such re- designation of representative. The represent- under the jurisdiction of an employing of- fusal, and shall immediately report the re- ative may be, but is not required to be, an fice; to inspect and investigate during regu- fusal and the reason therefor to the General attorney. lar working hours and at other reasonable Counsel, who shall take appropriate action. § 1.07(a) times, and within reasonable limits and in a § 4.05 Entry not a waiver. (a) In General. Section 416(a) of the CAA reasonable manner, any such place of em- Any permission to enter, inspect, review provides that counseling under section 402 ployment, and all pertinent conditions, records, or question any person, shall not shall be strictly confidential, except that the structures, machines, apparatus, devices, imply or be conditioned upon a waiver of any Office and a covered employee may agree to equipment and materials therein; to ques- cause of action or citation under the CAA. notify the employing office of the allega- tion privately any employing office, opera- tor, agent or employee; and to review records § 4.06 Advance notice of inspections. tions. Section 416(b) provides that all medi- Advance notice of inspections may be ation shall be strictly confidential. Section required by the CAA and regulations promul- gated thereunder, and other records which given under circumstances determined ap- 416(c) provides that all proceedings and de- propriate by the General Counsel. liberations of hearing officers and the Board, are directly related to the purpose of the in- § 4.07 Conduct of inspections. including any related records shall be con- spection. fidential, except for release of records nec- § 4.03 Requests for inspections by employees and (a) Subject to the provisions of section 4.02, essary for judicial actions, access by certain covered employing offices. inspections shall take place at such times committees of Congress, and publication of (a) By covered employees and representatives. and in such places of employment as the certain final decisions. Section 416(c) does (1) Any covered employee or representative General Counsel may direct. At the begin- not apply to proceedings under section 215 of of covered employees who believes that a ning of an inspection, the General Counsel’s the Act, but does apply to the deliberations violation of section 215 of the CAA exists in designee shall represent his or her creden- of hearing officers and the Board under sec- any place of employment under the jurisdic- tials to the operator of the facility or the tion 215. See also sections 1.06, 5.04 and 7.12 of tion of employing offices may request an in- management employee in charge at the place these rules. spection of such place of employment by giv- of employment to be inspected; explain the nature and purpose of the inspection; and in- Subpart D—Compliance, Investigation, En- ing notice of the alleged violation to the dicate generally the scope of the inspection forcement and Variance Procedures Under General Counsel. Any such notice shall be re- and the records specified in section 4.02 Section 215 of the CAA (Occupational Safe- duced to writing, shall set forth with reason- which he or she wishes to review. However, ty and Health Act of 1970) able particularity the grounds for the notice, and shall be signed by the employee or the such designation of records shall not pre- Inspections, Citations, and Complaints representative of the employees. A copy clude access to additional records specified Sec. shall be provided to the employing office or in section 4.02. 4.01 Purpose and scope its agent by the General Counsel or the Gen- (b) The General Counsel’s designee shall 4.02 Authority for inspection eral Counsel’s designee no later than at the have authority to take environmental sam- 4.03 Request for inspections by employees time of inspection, except that, upon the ples and to take or obtain photographs relat- and employing offices written request of the person giving such no- ed to the purpose of the inspection, employ 4.04 Objection to inspection tice, his or her name and the names of indi- other reasonable investigative techniques, 4.05 Entry not a waiver vidual employees referred to therein shall and question privately, any employing offi- 4.06 Advance of notice of inspection not appear in such copy or on any record cer, operator, agent or employee of a covered 4.07 Conduct of inspections published, released, or made available by the facility. As used herein, the term ‘‘employ 4.08 Representatives of employing offices General Counsel. other reasonable investigative techniques’’ and employees (2) If upon receipt of such notification the includes, but is not limited, the use of de- 4.09 Consultation with employees General Counsel’s designee determines that vices to measure employee exposure and the 4.10 Inspection not warranted; informal re- the notice meets the requirements set forth attachment of personal sampling equipment view in subparagraph (1) of this section, and that such as dosimeters, pumps, badges and other 4.11 Imminent danger there are reasonable grounds to believe that similar devices to employees in order to 4.12 Citations the alleged violation exists, he or she shall monitor their exposure. 4.13 Posting of citations cause an inspection to be made as soon as (c) The conduct of inspections shall be such 4.14 Failure to correct a violation for which practicable, to determine if such alleged vio- as to preclude unreasonable disruption of the a citation has been issued; no- lation exists. Inspections under this section operations of the employing office. tice of failure to correct viola- shall not be limited to matters referred to in (d) At the conclusion of an inspection, the tion; complaint the notice. General Counsel’s designee shall confer with 4.15 Informal conferences (3) Prior to or during any inspection of a the employing office or its representative Rules of Practice for Variances, Limitations, place of employment, any covered employee and informally advise it of any apparent Variations, Tolerances, and Exemptions or representative of employees may notify safety or health violations disclosed by the inspection. During such conference, the em- 4.20 Purpose and scope the General Counsel’s designee, in writing, of ploying office shall be afforded an oppor- 4.21 Definitions any violation of section 215 of the CAA which 4.22 Effect of variances he or she has reason to believe exists in such tunity to bring to the attention of the Gen- 4.23 Public notice of a granted variance, place of employment. Any such notice shall eral Counsel’s designee any pertinent infor- limitation, variation, toler- comply with the requirements of subpara- mation regarding conditions in the work- ance, or exemption graph (1) of this section. place. 4.24 Form of documents (b) By employing offices. Upon written re- (e) Inspections shall be conducted in ac- 4.25 Applications for temporary variances quest of any employing office, the General cordance with the requirements of this sub- and other relief Counsel or the General Counsel’s designee part. 4.26 Applications for permanent variances shall inspect and investigate places of em- § 4.08 Representatives of employing offices and and other relief ployment under the jurisdiction of employ- employees. 4.27 Modification or revocation of orders ing offices under section 215(c)(1) of the CAA. (a) The General Counsel’s designee shall be 4.28 Action on applications Any such requests shall be reduced to writ- in charge of inspections and questioning of 4.29 Consolidation of proceedings ing on a form available from the Office. persons. A representative of the employing 4.30 Consent findings and rules or orders § 4.04 Objection to inspection. office and a representative authorized by its 4.31 Order of proceedings and burden of Upon a refusal to permit the General Coun- employees shall be given an opportunity to proof sel’s designee, in exercise of his or her offi- accompany the General Counsel’s designee INSPECTIONS, CITATIONS AND COMPLAINTS cial duties, to enter without delay and at during the physical inspection of any work- § 4.01 Purpose and scope. reasonable times any place of employment place for the purpose of aiding such inspec- or any place therein, to inspect, to review tion. The General Counsel’s designee may The purpose of sections 4.01 through 4.15 of records, or to question any employing office, permit additional employing office rep- this subpart is to prescribe rules and proce- operator, agent, or employee, in accordance resentatives and additional representatives dures for enforcement of the inspection and with section 4.02 or to permit a representa- authorized by employees to accompany the citation provisions of section 215(c)(1) tive of employees to accompany the General designee where he or she determines that through (3) of the CAA. For the purpose of Counsel’s designee during the physical in- such additional representatives will further sections 4.01 through 4.15, references to the spection of any workplace in accordance aid the inspection. A different employing of- ‘‘General Counsel’’ include any designee of with section 4.07, the General Counsel’s des- fice and employee representative may ac- the General Counsel. ignee shall terminate the inspection or con- company the General Counsel’s designee dur- § 4.02 Authority for inspection. fine the inspection to other areas, condi- ing each different phase of an inspection if Under section 215(c)(1) of the CAA, upon tions, structures, machines, apparatus, de- this will not interfere with the conduct of written request of any employing office or vices, equipment, materials, records, or the inspection.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H92 CONGRESSIONAL RECORD — HOUSE January 9, 1997 (b) The General Counsel’s designee shall the employing office responsible for correc- physically dispersed, the citation may be have sole authority to resolve all disputes as tion of the violation, as determined under posted at the location to which employees to who is the representative authorized by section 1.106 of the Board’s regulations im- report each day. Where employees do not pri- the employing office and employees for the plementing section 215 of the CAA. A cita- marily work at or report to a single location, purpose of this section. If there is no author- tion may be issued even though after being the citation may be posted at the location ized representative of employees, or if the informed of an alleged violation by the Gen- from which the employees operate to carry General Counsel’s designee is unable to de- eral Counsel, the employing office imme- out their activities. The employing office termine with reasonable certainty who is diately abates, or initiates steps to abate, shall take steps to ensure that the citation such representative, he or she shall consult such alleged violation. Any citation shall be is not altered, defaced, or covered by other with a reasonable number of employees con- issued with reasonable promptness after ter- material. cerning matters of safety and health in the mination of the inspection. (b) Each citation, or a copy thereof, shall workplace. (b) Any citation shall describe with par- (c) The representative(s) authorized by em- ticularity the nature of the alleged viola- remain posted until the violation has been ployees shall be an employee(s) of the em- tion, including a reference to the provi- abated, or for 3 working days, whichever is ploying office. However, if the judgment of sion(s) of the CAA, standard, rule, regula- later. The tendency of any proceedings re- the General Counsel’s designee, good cause tion, or order alleged to have been violated. garding the citation shall not affect its post- has been shown why accompaniment by a Any citation shall also fix a reasonable time ing responsibility under this section unless third party who is not an employee of the or times for the abatement of the alleged and until the Board issues a final order employing office (such as an industrial hy- violation. vacating the citation. gienist or a safety engineer) is reasonably (c) If a citation is issued for a violation al- (c) An employing office to whom a citation necessary to the conduct of an effective and leged in a request for inspection under sec- has been issued may post a notice in the thorough physical inspection of the work- tion 4.03(a)(1), or a notification of violation same location where such citation is posted place, such third party may accompany the under section 4.03(a)(3), a copy of the cita- indicating that the citation is being con- General Counsel’s designee during the in- tion shall also be sent to the employee or tested before the Board, and such notice may spection. representative of employee who made such explain the reasons for such contest. The em- (d) The General Counsel’s designee may request of notification. ploying office may also indicate that speci- deny the right of accompaniment under this (d) After an inspection, if the General fied steps have been taken to abate the viola- section to any person whose conduct inter- Counsel determines that a citation is not tion. feres with a fair and orderly inspection. With warranted with respect to a danger or viola- regard to information classified by an agen- tion alleged to exist in a request for inspec- § 4.14 Failure to correct a violation for which a cy of the U.S. Government in the interest of tion under section 4.03(a)(1) or a notification citation has been issued; notice of failure to national security, only persons authorized to of violation under section 4.03(a)(3), the in- correct violation; complaint. have access to such information may accom- formal review procedures prescribed in 4.15 (a) If the General Counsel determines that pany the General Counsel’s designee in areas shall be applicable. After considering all an employing office has failed to correct an containing such information. views presented, the General Counsel shall affirm the previous determination, order a alleged violation for which a citation has § 4.09 Consultation with employees. reinspection, or issue a citation if he or she been issued within the period permitted for The General Counsel’s designee may con- believes that the inspection disclosed a vio- its correction, he or she may issue a notifica- sult with employees concerning matters of lation. The General Counsel shall furnish the tion to the employing office of such failure occupational safety and health to the extent party that submitted the notice and the em- prior to filing a compliant against the em- they deem necessary for the conduct of an ef- ploying office with written notification of ploying office under section 215(c)(3) of the fective and thorough inspection. During the the determination and the reasons therefore. CAA. Such notification shall fix a reasonable course of an inspection, any employee shall The determination of the General Counsel time or times for abatement of the alleged be afforded an opportunity to bring any vio- shall be final and not reviewable. violation for which the citation was issued lation of section 215 of the CAA which he or (e) Every citation shall state that the issu- and shall be posted in accordance with sec- she has reason to believe exists in the work- ance of a citation does not constitute a find- tion 4.13 of these rules. Nothing in these place to the attention of the General Coun- ing that a violation of section 215 has oc- rules shall require the General Counsel to sel’s designee. curred. issue such a notification as a prerequisite to § 4.10 Inspection not warranted; informal re- § 4.12 Imminent danger. filing a complaint under section 215(c)(3) of view. (a) Whenever and as soon as a designee of the CAA. (a) If the General Counsel’s designee deter- the General Counsel concludes on the basis (b) If after issuing a citation or notifica- mines that an inspection is not warranted of an inspection that conditions or practices tion, the General Counsel believes that a vio- because there are no reasonable grounds to exist in any place or employment which lation has not been corrected, the General believe that a violation or danger exists with could reasonably be expected to cause death Counsel may file a compliant with the Office respect to a notice of violation under section or serious physical harm immediately or be- against the employing office named in the 4.03(a), he or she shall notify the party giv- fore the imminence of such danger can be citation or notification pursuant to section ing the notice in writing of such determina- eliminated through the enforcement proce- 215(c)(3) of the CAA. The complaint shall be tion. Upon the request of the complaining dures otherwise provided for by section submitted to a Hearing Officer for decision party or the employing office, the General 215(c), he or she shall inform the affected em- pursuant to subsections (b) through (h) of Counsel, at his or her discretion, may hold ployees and employing offices of the danger section 405, subject to review by the Board an informal conference in which the com- and that he or she is recommending the fil- pursuant to section 406. The procedures of plaining party and the employing office may ing of a petition to restrain such conditions sections 7.01 through 7.16 of these rules gov- present their views orally and in writing. or practices and for other appropriate relief ern compliant proceedings under this sec- After considering all written and oral views in accordance with section 13(a) of the tion. presented, the General Counsel may affirm, OSHAct, as applied by section 215(b) of the modify, or reverse the designee’s determina- CAA. Appropriate citations may be issued § 4.15 Informal conferences. tion and furnish the complaining party and with respect to an imminent danger even At the request of an affected employing of- the employing office with written notifica- though, after being informed of such danger fice, employee, or representative of employ- tion of this decision and the reasons there- by the General Counsel’s designee, the em- ees, the General Counsel may hold an infor- for. The decision of the General Counsel ploying office immediately eliminates the mal conference for the purpose of discussing shall be final and not reviewable. imminence of the danger and initiates steps any issues raised by an inspection, citation, (b) If the General Counsel’s designee deter- to abate such danger. or notice issued by the General Counsel. The mines that an inspection is not warranted § 4.13 Posting of citations. settlement of any citation or notice at such because the requirements of section 4.03(a)(1) (a) Upon receipt of any citation under sec- conference shall be subject to the approval of have not been met, he or she shall notify the tion 215 of the CAA, the employing office the Executive Director under section 414 of complaining party in writing of such deter- shall immediately post such citation, or a the CAA and section 9.05 of these rules. If the mination. Such determination shall be with- copy thereof, unedited, at or near each place conference is requested by the employing of- out prejudice to the filing of a new com- an alleged violation referred to in the cita- fice, an affected employee or the employee’s plaint meeting the requirements of section tion occurred, except as provided below. representative shall be afforded an oppor- 4.03(a)(1). Where, because of the nature of the employ- tunity to participate, at the discretion of the § 4.11 Citations. ing office’s operations, it is not practicable General Counsel. If the conference is re- (a) If, on the basis of the inspection, the to post the citation at or near each place of quested by an employee or representative of General Counsel believes that a violation of alleged violation, such citation shall be post- employees, the employing office shall be af- any requirement of section 215 of the CAA, ed, unedited, in a prominent place where it forded an opportunity to participate, at the or of any standard, rule or order promul- will be readily observable by all affected em- discretion of the General Counsel. Any party gated pursuant to section 215 of the CAA, has ployees. For example, where employing of- may be represented by counsel at such con- occurred, he or she shall issue a citation to fices are engaged in activities which are ference.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H93

RULES OF PRACTICE FOR VARIANCES, LIMITA- (3) A specification of the standard or por- ing to a Hearing Officer under subsections (b) TIONS, VARIATIONS, TOLERANCES, AND EX- tion thereof from which the applicant seeks through (h) of section 405, subject to review EMPTIONS a variance; by the Board pursuant to section 406. § 4.20 Purpose and scope. (4) A representation by the applicant, sup- (b) Contents. An application filed pursuant Sections 4.20 through 4.31 contain rules of ported by representations from qualified per- to paragraph (a) of this section shall include: practice for administrative proceedings to sons having first-hand knowledge of the facts (1) The name and address of the applicant; grant variances and other relief under sec- represented, that the applicant is unable to (2) The address of the place or places of em- tions 6(b)(6)(A) and 6(d) of the Williams- comply with the standard or portion thereof ployment involved; (3) A description of the conditions, prac- Steiger Occupational Safety and Health Act by its effective date and a detailed state- tices, means, methods, operations, or proc- of 1970, as applied by section 215(c)(4) of the ment of the reasons therefor, (5) A statement of the steps the applicant esses used or proposed to be used by the ap- CAA. has taken and will take, with specific dates plicant; § 4.21 Definitions. where appropriate, to protect employees (4) A statement showing how the condi- As used in sections 4.20 through 4.31, unless against the hazard covered by the standard; tions, practices, means, methods, operations, the context clearly requires otherwise— (6) A statement of when the applicant ex- or processes used or proposed to be used (a) OSHAct means the Williams-Steiger Oc- pects to be able to comply with the standard would provide employment and places of em- cupational Safety and Health Act of 1970, as and of what steps the applicant has taken ployment to employees which are as safe and applied to covered employees and employing and will take, with specific dates where ap- healthful as those required by the standard offices under section 215 of the CAA. propriate, to come into compliance with the from which a variance is sought; (b) Party means a person admitted to par- standard; (5) A certification that the applicant has ticipate in a hearing conducted in accord- (7) A statement of the facts the applicant informed its employees of the application by ance with this subpart. An applicant for re- would show to establish that (i) the appli- (i) giving a copy thereof to their authorized lief and any affected employee shall be enti- cant is unable to comply with a standard by representative; (ii) posting a statement giv- tled to be named parties. The General Coun- its effective date because of unavailability of ing a summary of the application and speci- sel shall be deemed a party without the ne- professional or technical personnel or of ma- fying where a copy may be examined, at the cessity of being named. terials and equipment needed to come into place or places where notices to employees (c) Affected employee means an employee compliance with the standard or because are normally posted (or in lieu of such sum- who would be affected by the grant or denial necessary construction or alteration of fa- mary, the posting of the application itself); of a variance, limitation, variation, toler- cilities cannot be completed by the effective and (iii) by other appropriate means; ance, or exemption, or any one of the em- date; (ii) the applicant is taking all available (6) Any request for a hearing, as provided ployee’s authorized representatives, such as steps to safeguard its employees against the in this part; and the employee’s collective bargaining agent. hazards covered by the standard; and (iii) the (7) A description of how employees have § 4.22 Effect of variances. applicant has an effective program for com- been informed of the application and of their All variances granted pursuant to this part ing into compliance with the standard as right to petition the Board for a hearing. shall have only future effect. In its discre- quickly as practicable; (c) Interim order—(1) Application. An appli- tion, the Board may decline to entertain an (8) Any request for a hearing, as provided cation may also be made for an interim order application for a variance on a subject or in this part; to be effective until a decision is rendered on issue concerning which a citation has been (9) A statement that the applicant has in- the application for the variance filed pre- issued to the employing office involved and a formed its affected employees of the applica- viously or concurrently. An application for proceeding on the citation or a related issue tion by giving a copy thereof to their author- an interim order may include statements of concerning a proposed penalty or period of ized representative, posting a statement, giv- fact and arguments as to why the order abatement is pending before the General ing a summary of the application and speci- should be granted. The Hearing Officer to Counsel, a hearing officer, or the Board until fying where a copy may be examined, at the whom the Board has referred the application the completion of such proceeding. place or places where notices to employees may rule ex parte upon the application. are normally posted, and by other appro- § 4.23 Public notice of a granted variance, limi- (2) Notice of denial of application. If an ap- priate means; and tation, variation, tolerance, or exemption. plication filed pursuant to paragraph (c)(1) of (10) A description of how affected employ- this section is denied, the applicant shall be Every final action granting a variance, ees have been informed of the application given prompt notice of the denial, which limitation, variation, tolerance, or exemp- and of their right to petition the Board for a shall include, or be accompanied by, a brief tion under this part shall be made public. hearing. statement of the grounds therefor. Every such final action shall specify the al- (c) Interim order—(1) Application. An appli- (3) Notice of the grant of an interim order. If ternative to the standard involved which the cation may also be made for an interim order an interim order is granted, a copy of the particular variance permits. to be effective until a decision is rendered on order shall be served upon the applicant for § 4.24 Form of documents. the application for the variance filed pre- the order and other parties, and the terms of (a) Any applications for variances and viously or concurrently. An application for the order shall be made public. It shall be a other papers that are filed in proceedings an interim order may include statements of condition of the order that the affected em- under sections 4.20 through 4.31 of these rules fact and arguments as to why the order ploying office shall give notice thereof to af- shall be written or typed. All applications should be granted. The hearing officer to fected employees by the same means to be for variances and other papers filed in vari- whom the Board has referred the application used to inform them of an application for a ance proceedings shall be signed by the ap- may rule ex parte upon the application. variance. plying employing office, or its representa- (2) Notice of denial of application. If an ap- § 4.27 Modification or revocation of orders. plication file pursuant to paragraph (c)(1) of tive, and shall contain the information re- (a) Modification or revocation. An affected this section is denied, the applicant shall be quired by sections 4.25 or 4.26 of these rules, employing office or an affected employee given prompt notice of the denial, which as applicable. may apply in writing to the Board for a shall include, or be accompanied by, a brief § 4.25 Applications for temporary variances modification or revocation of an order issued and other relief. statement of the grounds therefor. (3) Notice of the grant of an interim order. If under section 6(b)(6)(A), or 6(d) of the (a) Application for variance. Any employing an interim order is granted, a copy of the OSHAct, as applied by section 215 of the office, or class of employing offices, desiring order shall be served upon the applicant for CAA. The application shall contain: (i) The name and address of the applicant; a variance from a standard, or portion there- the order and other parties and the terms of (ii) A description of the relief which is of, authorized by section 6(b)(6)(A) of the the order shall be made public. It shall be a sought; OSHAct, as applied by section 215 of the condition of the order that the affected em- (iii) A statement setting forth with par- CAA, may file a written application contain- ploying office shall give notice thereof to af- ticularity the grounds for relief; ing the information specified in paragraph fected employees by the same means to be (iv) If the applicant is an employing office, (b) of this section with the Board. Pursuant used to inform them of an application for a a certification that the applicant has in- to section 215(c)(4) of the CAA, the Board variance. may refer any matter appropriate for hear- formed its affected employees of the applica- ing to a hearing officer under subsections (b) § 4.26 Applications for permanent variances and tion by: through (h) of section 405, subject to review other relief. (A) Giving a copy thereof to their author- by the Board pursuant to section 406. The (a) Applications for variance. Any employing ized representative; procedures set forth at sections 7.01 through office, or class of employing offices, desiring (B) Posting at the place or places where 7.16 of these rules shall govern hearings a variance authorized by section 6(d) of the notices to employees are normally posted, a under this subpart. OSHAct, as applied by section 215 of the statement giving a summary of the applica- (b) Contents. An application filed pursuant CAA, may file a written application contain- tion and specifying where a copy of the full to paragraph (a) of this section shall include: ing the information specified in paragraph application may be examined (or, in lieu of (1) The name and address of the applicant; (b) of this section, with the Board. Pursuant the summary, posting the application itself); (2) The address of the place or places of em- to section 215(c)(4) of the CAA, the Board and ployment involved; may refer any matter appropriate for hear- (C) Other appropriate means.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H94 CONGRESSIONAL RECORD — HOUSE January 9, 1997 (v) If the applicant is an affected employee, (c) Submission. On or before the expiration requirements of the Act and these rules a certification that a copy of the application of the time granted for negotiations, the par- could result in the imposition of sanctions. has been furnished to the employing office; ties or their counsel may: Nothing in these rules shall prevent the Ex- and (1) Submit the proposed agreement to the ecutive Director from reporting statistical (vi) Any request for a hearing, as provided Hearing Officer for his or her consideration; information does not reveal the identity of in this part. or the employees involved or of employing of- (b) Renewal. Any final order issued under (2) Inform the Hearing Officer that agree- fices that are the subject of a matter. section 6(b)(6)(A) of the OSHAct, as applied ment cannot be reached. § 7.07(f) by section 215 of the CAA, may be renewed or (d) Disposition. In the event an agreement (f) If the Hearing Officer concludes that a extended as permitted by the applicable sec- containing consent findings and rule or order representative of an employee, a witness, a tion and in the manner prescribed for its is- is submitted within the time allowed there- charging party, a labor organization, an em- suance. for, the Hearing Officer may accept such ploying office, or an entity alleged to be re- agreement by issuing his or her decision § 4.28 Action on applications. sponsible for correcting a violation has a based upon the agreed findings. (a) Defective applications. (1) If an applica- conflict of interest, he or she may, after giv- tion filed pursuant to sections 4.25(a), 4.26(a), § 4.31 Order of Proceedings and Burden of ing the representative an opportunity to re- or 4.27 does not conform to the applicable Proof spond, disqualify the representative. In that section, the Hearing Officer or the Board, as (a) Order of proceeding. Except as may be event, within the time limits for hearing and applicable, may deny the application. ordered otherwise by the Hearing Officer, the decision established by the Act, the affected (2) Prompt notice of the denial of an appli- party applicant for relief shall proceed first party shall be afforded reasonable time to re- cation shall be given to the applicant. at a hearing. tain other representation. (3) A notice of denial shall include, or be (b) Burden of proof. The party applicant § 7.12 accompanied by, a brief statement of the shall have the burden of proof. Pursuant to section 416 of the Act, all pro- grounds for the denial. § 5.01(a)(2) (4) A denial of an application pursuant to ceedings and deliberation of Hearing Officers this paragraph shall be without prejudice to (a)(2) The General Counsel may file a com- and the Board, including the transcripts of the filing of another application. plaint alleging a violation of section 210, 215 hearings and any related records, shall be (b) Adequate applications. (1) If an applica- or 220 of the Act. confidential, except as specified in section tion has not been denied pursuant to para- § 5.01(b)(2) 416 (d), (e), and (f) of the Act. All parties to graph (a) of this section, the Office shall (b)(2) A complaint may be filed by the Gen- the proceeding and their representatives, and cause to be published a notice of the filing of eral Counsel witnesses who appear at the hearing, will be the application. (i) After the investigation of a charge filed advised of the importance of confidentiality (2) A notice of the filing of an application under section 210 or 220 of the Act, or in this process and of their obligations, sub- shall include: (ii) after the issuance of a citation or noti- ject to sanctions, to maintain it. This provi- (i) The terms, or an accurate summary, of fication under section 215 of the Act. sion shall not apply to proceedings under section 215 of the Act, but shall apply to the the application; § 5.01(c)(2) (ii) A reference to the section of the deliberations of Hearing Officers and the OSHAct applied by section 215 of the CAA (c)(2) Complaints filed by the General Board under that section. Counsel. A complaint filed by the General under which the application has been filed; § 8.03(a) (iii) An invitation to interested persons to Counsel shall be in writing, signed by the General Counsel or his designee and shall (a) Unless the Board has, in its discretion, submit within a stated period of time writ- stayed the final decision of the Office during ten data, views, or arguments regarding the contain the following information: (i) the name, address and telephone num- the pendency of an appeal pursuant to sec- application; and tion 407 of the Act, and except as provided in (iv) Information to affected employing of- ber of, as applicable, (A) each entity respon- sections 210(d)(5) and 215(c)(6), a party re- fices, employees, and appropriate authority sible for correction of an alleged violation of quired to take action under the terms of a having jurisdiction over employment or section 210(b), (B) each employing office al- final decision of the Office shall carry out its places of employment covered in the applica- leged to have violated section 215, or (C) each terms promptly, and shall within 30 days tion of any right to request a hearing on the employing office and/or labor organization after the decision or order becomes final and application. alleged to have violated section 220, against which complaint is brought; goes into effect by its terms, provide the Of- § 4.29 Consolidation of proceedings. (ii) notice of the charge filed alleging a fice and all other parties to the proceedings On the motion of the Hearing Officer or the violation of section 210 or 220 and/or issuance with a compliance report specifying the Board or that of any party, the Hearing Offi- of a citation or notification under section manner in which compliance with the provi- cer or the Board may consolidate or contem- 215; sions of the decision or order has been ac- poraneously consider two or more proceed- (iii) a description of the acts and conduct complished. If complete compliance has not ings which involve the same or closely relat- that are alleged to be violations of the Act, been accomplished within 30 days, the party ed issues. including all relevant dates and places and required to take any such action shall sub- § 4.30 Consent findings and rules or orders. the names and titles of the responsible indi- mit a compliance report specifying why com- (a) General. At any time before the receipt viduals; and pliance with any provision of the decision of evidence in any hearing, or during any (iv) a statement of the relief or remedy order has not yet been fully accomplished, hearing a reasonable opportunity may be af- sought. the steps being taken to assure full compli- forded to permit negotiation by the parties § 5.01(d) ance, and the anticipated date by which full compliance will be achieved. of an agreement containing consent findings (d) Amendments to the complaint may be § 8.04 Judicial Review and a rule or order disposing of the whole or permitted by the Office or, after assignment, any part of the proceeding. The allowance of by a Hearing Officer, on the following condi- Pursuant to section 407 of the Act, such opportunity and the duration thereof tions; that all parties to the proceeding have (a) the United States Court of Appeals for shall be in the discretion of the Hearing Offi- adequate notice to prepare to meet the new the Federal Circuit shall have jurisdiction cer, after consideration of the nature of the allegations; that the amendments, as appro- over any proceeding commenced by a peti- proceeding, the requirements of the public priate, relate to the violations for which the tion of: interest, the representations of the parties, employee has completed counseling and me- (1) a party aggrieved by a final decision of and the probability of an agreement which diation, or relate to the charge(s) inves- the Board under section 406(e) in cases aris- will result in a just disposition of the issues tigated and/or the citation or notification is- ing under part A of title II; involved. sued by the General Counsel; and that per- (2) a charging individual or respondent be- (b) Contents. Any agreement containing mitting such amendments will not unduly fore the Board who files a petition under sec- consent findings and rule or order disposing prejudice the rights of the employing office, tion 210(d)(4); (3) the General Counsel or a respondent be- of a proceeding shall also provide: the labor organization, or other parties, un- fore the Board who files a petition under sec- (1) That the rule or order shall have the duly delay the completion of the hearing or tion 215(c)(5); or same force and effect as if made after a full otherwise interfere with or impede the pro- (4) the General Counsel or a respondent be- hearing; ceedings. (2) That the entire record on which any fore the Board who files a petition under sec- rule or order may be based shall consist sole- § 5.04 Confidentiality tion 215(c)(3) of the Act. ly of the application and the agreement; Pursuant to section 416(c) of the Act, all (b) The U.S. Court of Appeals for the Fed- (3) A waiver of any further procedural proceedings and deliberations of Hearing Of- eral Circuit shall have jurisdiction over any steps before the Hearing Officer and the ficers and the Board, including any related petition of the General Counsel, filed in the Board; and records, shall be confidential. Section 416(c) name of the Office and at the direction of the (4) A waiver of any right to challenge or does not apply to proceedings under section Board, to enforce a final decision under sec- contest the validity of the findings and of 215 of the Act, but does apply to the delibera- tion 405(g) or 406(e) with respect to a viola- the rule or order made in accordance with tions of hearing Officers and the Board under tion of part A, B, C, or D of title II of the the agreement. section 215. A violation of the confidentiality Act.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H95 (c) The party filing for review shall serve a 215(d) further provides that the regulations this rulemaking proceeding to adequately copy on the opposing party or parties or ‘‘shall include a method of identifying, for present its views through written submis- their representative(s). purposes of this section and for different cat- sions. Indeed, the only specific request for an Signed at Washington, D.C. on this 20th egories of violations of subsection (a), the extension of the comment period came from day of December, 1996. employing office responsible for correction this particular commenter, who requested an RICKY SILBERMAN, of a particular violation.’’ Id. extension of only one day, which was grant- Executive Director, On September 19, 1996, the Board published ed. No request for further time was sought Office of Compliance. in the Congressional Record a Notice of Pro- by the commenter or by any other person or f posed Rulemaking (‘‘NPR’’) (142 Cong. Rec. organization. Finally, a review of the com- S11019 (daily ed., Sept. 19, 1996)). In response ments received tends to reinforce the Board’s NOTICE OF ADOPTION OF to the NPR, the Board received four written view that an extended comment period, hear- REGULATIONS comments, two of which were from offices ings, and/or other additional forms of rule- within the Legislative Branch and two of making proceedings would only result in the U.S. CONGRESS, which were from labor organizations. After addition to the record of information which OFFICE OF COMPLIANCE, full consideration of the comments received would at most duplicate or corroborate the Washington, DC, December 20, 1996. in response to the proposed regulations, the written comments without providing further Hon. NEWT GINGRICH, Board has adopted and is submitting these insight into or elucidation of the issues in- Speaker of the House, U.S. House of Represent- regulations for approval by the Congress pur- volved. atives, Washington, DC. suant to section 304(c) of the CAA. 2. Failure to issue an Advance Notice of Pro- DEAR MR. SPEAKER: Pursuant to Section I. Summary of Comments and Board’s Final posed Rulemaking. Although not expressly 304(b) of the Congressional Accountability Rules provided for in the Administrative Procedure Act of 1995 (2 U.S.C. § 1384(b)), I am transmit- Act (‘‘APA’’), an advance notice of proposed A. Request for Additional Rulemaking Pro- ting on behalf of the Board of Directors the rulemaking (‘‘ANPR’’) is sometimes used by ceedings enclosed notice of adoption of regulations, administrative agencies to seek information together with a copy of the regulations for One commenter requested that the Board from the public to assist in framing a notice publication in the Congressional Record. The withdraw its proposed regulations and en- of proposed rulemaking and to narrow the is- adopted regulations are being issued pursu- gage in what it terms ‘‘investigative rule- sues during the public comment period on ant to 215(d). making,’’ a process that apparently is to in- the proposed rules ultimately developed. See, The Congressional Accountability Act clude discussions with involved parties re- e.g., 52 Fed. Reg. 38,794 (1987) (preliminary specifies that the enclosed notice be pub- garding the nature and scope of the regula- notice for Medicare anti-kickback regula- lished on the first day on which both Houses tions. This commenter expressed the concern tions). Thus, in prior rulemakings, the Board are in session following this transmittal. that affected parties had not been suffi- has sometimes used ANPRs to obtain views Sincerely, ciently involved in the rulemaking process regarding interpretation of statutory provi- GLEN D. NAGER, and have been discouraged from providing sions in the CAA that had not previously Chair of the Board. meaningful comments. Specifically, the com- been interpreted by the Board and to obtain Enclosure. menter objected to the following actions of general information regarding conditions the Board: (1) providing a comment period of within the Legislative Branch that may bear OFFICE OF COMPLIANCE no more than 30 days; (2) issuing a notice of on rulemaking questions. See e.g., 141 Cong. The Congressional Accountability Act of proposed rulemaking without first issuing an Rec. S14542 (daily ed. Sept. 28, 1995) (ANPR 1995: Extension of Rights and Protections advance notice of proposed rulemaking; (3) seeking information regarding, inter alia, the Under the Occupational Safety and Health issuing proposed regulations under section standard for determining whether and to Act of 1970. 215 concurrently with proposed regulations what extent regulations under the CAA NOTICE OF ADOPTION OF REGULATION AND under section 210 and shortly before the Con- should be modified for ‘‘good cause,’’ wheth- SUBMISSION FOR APPROVAL gress had adjourned sine die; (4) stating in er regulations imposing notice posting and Summary: The Board of Directors, Office of the NPR that nomenclature and other tech- recordkeeping requirements are included Compliance, after considering comments to nical changes were made to the adopted reg- within the CAA; whether certain regulations its Notice of Proposed Rulemaking published ulations, but not specifically cataloguing constituted ‘‘substantive regulations;’’ and September 19, 1996, in the Congressional each of those changes in the summary of the whether the concept of ‘‘joint employer sta- Record, has adopted, and is submitting for proposed rules; and (5) not providing a record tus’’ is applicable under the CAA). From approval by the Congress, final regulations of consultations between the Office and rep- these prior rulemaking proceedings, the implementing section 215 of the Congres- resentatives of the Department of Labor in Board has developed a body of interpreta- sional Accountability Act of 1995 (‘‘CAA’’). the NPR. tions of the CAA upon which it has drawn in For Further Information Contact: Executive The Board has considered each of the above developing the proposed rules in this rule- Director, Office of Compliance, Room LA 200, concerns and, after careful evaluation of making. Library of Congress, Washington, D.C. 20540– them, has determined that further rule- In contrast to those earlier rulemaking 1999. Telephone: (202) 724–9250. TDD: (202) 426– making proceedings, with their concomitant proceedings, here no ANPR was necessary or 1912. costs and delays, are not warranted in this appropriate. Both the Board and its statu- Supplementary Information: context. tory appointees have now had over a year’s 1. The request for an extended comment period experience in addressing regulatory issues Background and Summary and for ‘‘investigatory’’ rulemaking. The rule- governing the Legislative Branch and have The Congressional Accountability Act of making procedure employed by the Board in collected a body of institutional knowledge 1995 (‘‘CAA’’), P.L. 104–1, was enacted into this context is substantially similar to that and experience that makes the open-ended law on January 23, 1995. 2 U.S.C. §§ 1301 et seq. employed by the Board with respect to every information gathering techniques such as an In general, the CAA applies the rights and other regulation promulgated thus far under ANPR less needed. Indeed, the rulemaking protections of eleven federal labor and em- the CAA; and it complies with the required experience under the CAA over the last year ployment statutes to covered employees and procedures under section 304 of the CAA. has shown that ANPRs have become less use- employing offices within the legislative Specifically, section 304(b) generally requires ful over time. For example, although the branch. Section 215(a) provides that each em- the Board to issue a notice of proposed rule- Board received twelve separate responses to ploying office and each covered employee making and to provide a comment period of the first ANPR that it issued in September shall comply with the provisions of section 5 at least 30 days. The Board has done so. Nor of 1995, the most recent ANPR issued by the of the Occupational Safety and Health Act of is there any reason to believe that a signifi- Board, regarding rulemaking under section 1970, 29 U.S.C. § 654 (‘‘OSHAct’’). 2 U.S.C. cant extension of the comment period be- 220(e), elicited only 2 comments directed to § 1341(a). yond 30 days or a resort to alternative forms section 220(e), neither of which addressed the Section 215(d) of the CAA requires the of rulemaking would result in a different precise questions posed by the Board in that Board of Directors of the Office of Compli- rulemaking comment record, either quali- ANPR. See 142 Cong. Rec. S5552 (daily ed. ance established under the CAA to issue reg- tatively or quantitatively: The Board’s rule- May 23, 1996) (NPR regarding section 220(e)). ulations implementing the section. 2 U.S.C. making record includes an extensive report And, in this context, there is no reason to be- § 1341(d). Section 215(d) further states that from its General Counsel—a report which it- lieve that further comments beyond those such regulations ‘‘shall be the same as sub- self was prepared on the basis of an extensive received in response to the NPR would have stantive regulations promulgated by the Sec- investigation by the General Counsel and been received had an ANPR been issued. retary of Labor to implement the statutory with the invited participation of all employ- More to the point, there is no reason to be- provisions referred to in subsection (a) ex- ing offices. In addition, the General Counsel lieve that procedures other than the tradi- cept to the extent that the Board may deter- met with representatives of a number of em- tional notice-and-comment procedures out- mine, for good cause shown and stated to- ploying offices prior to the inspections, in- lined in section 304 of the CAA would develop gether with the regulation, that a modifica- cluding the Architect of the Capitol, con- any further useful information in the con- tion of such regulations would be more effec- cerning the appropriate standards to be ap- text of rulemaking under section 215—espe- tive for the implementation of the rights and plied to Legislative Branch facilities. More- cially given the information already gath- protections under this section.’’ Id. Section over, no commenter claimed an inability in ered by the Office regarding these issues.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H96 CONGRESSIONAL RECORD — HOUSE January 9, 1997 Among other things, the General Counsel Notification Act). See, e.g., 141 Cong. Rec. technical and nomenclature changes and has has conducted an inspection of all facilities S17627–S17652, S17603–27, S17656–64, S17652–56 made clear that such changes are not in- within the Legislative Branch for compli- (daily ed., Nov. 28, 1995). The volume of regu- tended to effect a significant or substantive ance with health and safety standards under lations covered by those five notices (and the change in the nature of the regulations sections 215 and disability access standards collective complexity and diversity of the adopted. Moreover, the complete text of the under section 210, utilizing as guidelines legal and interpretative rulemaking issues proposed regulations, including technical standards that were in a form virtually iden- involved in promulgating those five sets of and nomenclature changes, has been made tical to the regulations which the Board has proposed regulations) was significantly available for review as part of the NPR. It is proposed. The General Counsel also sent de- greater than the proposed regulations at the responsibility of commenters to review tailed inspection questionnaires to each issue here and those proposed under section and comment on these matters, while the Member of the House of Representatives and 210. The commenter has not shown that Board desires reasonably to assist this proc- to each Member of the Senate regarding there is anything about the nature and ex- ess, it cannot do the commenters’ work, and compliance with health and safety and dis- tent of the regulations in the current rule- there is absolutely no reason to delay rule- ability access standards in District and making proceedings that has impeded the making on this basis. Home State offices. The General Counsel’s ability of any commenter to provide useful 5. Record of comments and public meetings. reports regarding compliance issues under and comprehensive comments. Finally, the Board rejects the suggestion sections 210 and 215 of the CAA were submit- Similarly, the timing of the issuance of that it publish a summary of the discussions ted June 28, 1996 and detailed the application proposed regulations here was not only ap- that have occurred between the Office and of safety and health and disability regula- propriate, but it also was necessary. Sections representatives of the Secretary of Labor tions to conditions within the legislative 210 and 215 of the CAA become effective on and other agencies. Those discussions have branch. Copies of those reports were deliv- January 1, 1997, a date which was set by the not been with members of the Board; and the ered in July 1996 to each Senator and Rep- CAA, not by the Board. The proposed regula- public record is solely for matters presented resentative, to each committee of Congress, tions were developed and issued as soon as to the Board by outside persons. General dis- and to representatives of every other em- practicable given, inter alia, the need of the cussions with outside persons by staff of the ploying office in the Legislative Branch, in- Board and all interested persons to first have Office of Compliance are not properly part of cluding the commenter. No comments were the benefit of the General Counsel’s inves- that record, nor are discussions between received from anyone concerning the appro- tigation and reports and the need to first staff and the Board properly part of that priateness of applying any such regulations complete rulemaking on sections of the CAA record. There is no legal basis or precedent to Legislative Branch offices, and the com- that contained earlier effective dates, such for making such discussions part of the menter has not provided any here. as sections 203–207 (effective January 23, record; and to do so would improperly chill Where, as here, an ANPR would not likely 1996), and section 220 (effective October 1, inter-agency and intra-agency deliberations result in receipt of additional useful infor- 1996). The proposed regulations were issued and communications. mation to develop a proposed rule, there is when they were in order to afford com- also the concern that its use might be viewed menters the earliest practical opportunity to B. Regulations that the Board Proposed to as evidence of procrastination in the face of comment on the proposed regulations so that Adopt an obligation to proceed quickly with impor- final regulations could be adopted by the 1. Substantive health and safety standards at tant rulemaking activity. Cf. United Steel- Board before the effective date of section 215 Parts 1910 and 1926, 29 CFR.—In the NPR, the workers of America v. Pendergrass, 819 F.2d of the CAA. Board proposed that otherwise applicable 1263, 1268 (3d Cir. 1987) (challenge to OSHA’s The schedule of Congress cannot be a de- health and safety standards of the Sec- failure to issue revised rule on hazard com- terminative factor for the Board in deciding retary’s regulations published at Parts 1910 munication in response to court remand; when to issue proposed regulations. The CAA and 1926 of Title 29 of the Code of Federal court was extremely critical of OSHA having applies whether the Congress is in session or Regulations (‘‘29 CFR’’) be adopted with only published an ANPR to supplement original not; and the CAA imposes deadlines that limited modifications. All commenters record); Administrative Conference of the must be met whether the Congress is in ses- agreed in general with the Board’s proposal. United States Recommendation No. 87–10, sion or not. The session of Congress is rel- 2. Recordkeeping requirements contained in ‘‘Regulation by the Occupational Safety and evant to the date of publication of regula- substantive health and safety standards of Health Administration,’’ published at 1 tions, which is why the Board submitted the Parts 1910 and 1926.—The Board further pro- C.F.R. § 305.87–10, T 3(e) (1989) (recommending NPR to the Congress prior to adjournment posed to include within its regulations rec- that agency should not routinely use ANPR’s sine die, so that the NPR could be published ordkeeping requirements contained in the as an information-gathering technique and (in accordance with section 304(1) of the substantive health and safety standards of that they should be used only when informa- CAA) for comment prior to January, 1997. Parts 1910 and 1926, 29 CFR. One commenter tion not otherwise available to the agency The rights and protections of the CAA con- took issue with this decision, arguing that ‘‘is likely to be forthcoming’’ in response to tinue while Congress is in recess, and the adoption of such requirements is contrary to the ANPR). This is particularly true where, CAA requires that employing offices and the intent of the CAA. The Board disagrees. as here, the Office of Compliance, through Members meet their obligations whether Section 215(d)(2) provides that the Board the General Counsel, has already gathered a Congress is in session or not. regulations shall be ‘‘the same as’’ the regu- considerable body of experience and informa- 4. Technical and nomenclature changes. As lations of the Secretary implementing the tion regarding the conditions of operations with prior rulemakings, the Board has pro- health and safety standards of section 5 of and facilities within the Legislative Branch posed to make technical and nomenclature the OSHact. Where, as here, a recordkeeping and how the regulations proposed by the changes to make the language of the adopted or posting requirements is expressly con- Board would likely affect those operations regulations fit more naturally to situations tained in and inextricably interwined with a and facilities. Nothing has been offered by arising within the Legislative Branch. See, substantive health and safety standard, the any commenter to suggest a new area of in- e.g., 142 Cong. Rec. at S225 (daily ed. Jan. 22, Board is required to adopt the standard as quiry or information which was not consid- 1996) (final regulations regarding section 203 written under section 215(d)(2), unless there ered by the Board in the NPR that might af- of the CAA). However, the Board has made is good cause to believe that not including fect the Board’s decision regarding any of clear that such changes are not intended to the recordkeeping or posting requirement the regulatory matters contained in the affect a substantive change in the regula- would be ‘‘more effective for the implemen- NPR. In the absence of any such showing, ad- tions. Id. Examples of such changes include tation of the rights and protections’’ under ditional rulemaking proceedings are neither the following substitutions: ‘‘employing of- section 215. In contrast to the general rec- required nor desirable. fice’’ for ‘‘employer,’’ ‘‘covered employee’’ ordkeeping regulations that implement sec- 3. The timing of the notice of proposed rule- for ‘‘employee,’’ definitions of ‘‘employing tion 8(c) of the OSHAct (discussed at section making. The commenter’s argument regard- office’’ (including the list of offices set forth I.C.2., infra), adoption of the health and safe- ing the timing of the issuance of the regula- in the CAA) for the definition of ‘‘employer,’’ ty standards, including those specific record- tions also does not require additional rule- and deleting provisions regarding interstate keeping requirements that are part and par- making proceedings. commerce as a basis for jurisdiction (which cel of such standards, is authorized (if not Despite the commenter’s suggestion to the is not a requirement of the CAA). compelled) by section 215(d)(2). contrary, there is nothing unusual or un- The Board disagrees with the commenter’s The commenter does not offer any basis for precedented about the Board issuing simul- argument that failing to catalogue each of concluding that excluding such record- taneously two notices of proposed rule- these changes in the preamble somehow keeping or posting requirements would be making implementing two separate sections hinders commenters’ ability to provide effec- ‘‘more effective’’ for implementing the of the CAA. For example, on November 28, tive comments regarding the proposed regu- rights and protections of the health and safe- 1995, the Board issued concurrent notices of lations. Where significant changes in the ty standard at issue. On the contrary, there proposed rulemaking to implement the substance of the regulations have been pro- is every reason to believe that the sub- rights and protections of five major sections posed, such changes have been summarized stantive health and safety protections con- of the CAA: sections 202 (Family and Medical and discussed in the preamble to the pro- tained in subpart Z of Part 1910, such as the Leave Act), 203 (Fair Labor Standards Act), posed regulations. However, as in past no- rules relating to employee exposure, would 204 (Employee Polygraph Protection Act), tices of proposed rulemaking, the Board has be less effective without a requirement that and 205 (Worker Adjustment Retraining and generally described the nature of proposed employing offices document such exposure.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H97 C. Regulations that the Board Proposes Not to section (a)’’ of section 215 is section 5 of the The Board cannot adopt as a ‘‘modification’’ Adopt. OSHAct, which sets forth the substantive regulations that are not within the scope of 1. Rules of procedure for variances, proce- health and safety standards applicable to section 215(d)(2). See 141 Cong. Rec. S17603, dure regarding inspections, citations, and employers. Thus, only the regulations of the 17604 (daily ed. Nov. 28, 1995) (‘‘Because the notices.—The Board proposed not to adopt as Secretary that implement the substantive Board’s authority to modify the Secretary’s regulations under section 215(d) provisions of health and safety standards of section 5 of regulations for ‘good cause’ does not author- the Secretary’s regulations that did not con- the OSHAct are within the scope of the ize it to adopt regulatory requirements that stitute health and safety standards and/or Board’s rulemaking authority under section are the equivalent of statutory requirements were not promulgated to implement that 215(d)(2). Because the Secretary’s health and that Congress has omitted from the provisions of section 5 of the OSHAct. 142 safety standards contained in Parts 1910 and CAA. . .); see also MCI Telecommunications v. Cong. Rec. at S11020. In doing so, the Board 1926 implement section 5 of the OSHAct, American Tel. & Tel., 114 S. Ct. 2223, 2230 (1994) noted that, with respect to those regulations such regulations may be included within the (FCC’s statutory authority to ‘‘modify any that dealt with procedures of the Office, the proposed regulations; but the Secretary’s re- requirement’’ under section of tariff statute Executive Director might, where appro- garding variance procedures, inspections, ci- did not authorize FCC to make basic and priate, decide to propose comparable provi- tations and notices, set forth at Parts 1903 fundamental changes in regulatory scheme; sions pursuant to a rulemaking undertaken and 1904, were promulgated to implement term ‘‘modify’’ connotes moderate or incre- in accordance with section 303 of the CAA. sections 8, 9, and 10 of the OSHAct, statutory mental change in existing requirements). All four commenters took issue with the provisions which are not ‘‘referred to in sub- 2. General recordkeeping requirements.—In Board’s decision. Two commenters argued section (a)’’ of section 215. Thus, the plain the NPR, the Board proposed not to adopt that, because sections 8, 9 and 10 of the language of section 215(d)(2) excludes such regulations implementing the general rec- OSHact (which include provisions governing regulations from the scope of the Board’s ordkeeping requirements of section 8(c) of variances and the procedure for inspections, rulemaking mandate under section 215(d)(2). the OSHAct. The Board determined that sec- citations, and penalties) are referenced in The commenters apparently read section tion 8(c) of the OSHAct is neither a part of section 215(c) of the CAA, the Secretary’s 215(d)(2)’s requirement that the Board’s regu- the rights and protections of section 5 of the regulations implementing those sections lations be ‘‘the same as substantive regula- OSHAct nor a substantive health and safety (Parts 1903 and 1905, 29 CFR) are within the tions promulgated by the Secretary of standard referred to therein. Thus, regula- Board’s mandatory rulemaking authority Labor’’ as including any regulation promul- tions promulgated by the Secretary to im- under section 215(d)(2). These commenters gated by the Secretary to implement any plement the recordkeeping requirements are characterized the Board’s decision as a re- provision of the OSHAct referred to in any not within the scope of the Board’s rule- fusal to adopt the variance, citations, and in- subsection of section 215, including sub- making under section 215(d)(2). spections regulations because they are ‘‘pro- section (c). But the Board may not properly Two commenters asked the Board to recon- cedural’’ as opposed to ‘‘substantive’’ regula- ignore the requirement of section 215(d)(2) sider this decision and to issue regulations tions, which the commenters believe is in- that the regulations be promulgated ‘‘to im- implementing section 8(c) of the OSHAct. consistent with the Board’s resolution of a plement the statutory provisions referred to The Board has considered these comments similar issue in the context of the Board’s in subsection (a).’’ To do so would violate the and finds no new arguments or statutory evi- section 220 regulations. See 142 Cong. Rec. at cardinal rule of statutory construction that dence therein to support a change in the S5072 (daily ed. May 15, 1996) (NPR regarding a statute should not be read as rendering any Board’s original conclusion. The arguments section 220) (procedural rules ‘‘can in fact be word or phrase therein mere surplusage. See offered by the commenters were substan- substantive regulations’’ and the fact that Babbitt v. Sweet Home Ch. of Commun, for tially the same as those that were considered the ‘‘regulations may arguably be procedural Greater Or., 115 S. Ct. 2407, 2413 (1995). and rejected by the Board in an earlier rule- in content is, in the Board’s view, not a le- The only way in which regulations imple- making on an essentially identical issue. See gally sufficient reason for not viewing them menting provisions of the OSHAct referred 141 Cong. Rec. S17603, 17604 (daily ed. Nov. 28, as ‘substantive’ regulations.’’). Two other to in subsection (c) could be considered with- 1995) (resolving identical issue in the context commenters argued that regulations cover- in the scope of regulation under section of rulemaking under section 203 of the CAA). ing the subject of variances, citiations, and 215(d)(2) would be by speculating that Con- D. Method for Identifying Responsible Em- similar other matters cannot be issued as gress’ specific reference to subsection (a) was ploying Office rules governing the procedures of the Office inadvertent. However, such ‘‘[s]peculation In section 1.106 of the proposed regulations, under section 303 of the CAA, because to do loses, for the more natural reading of the the Board set forth a method for identifying so would improperly circumvent Congress’ statute’s text, which would give effect to all the employing office responsible for correc- ability to review and pass on substantive of its provisions, always prevails over a mere tion of a particular violation. Under pro- regulations prior to their implementation suggestion to disregard or ignore duly cre- posed section 1.106, correction of a violation (since section 303 regulations require no con- ated law as legislative oversight.’’ United of section 215(a) ‘‘is the responsibility of any gressional approval). A third commenter ar- Food and Commercial Workers v. Brown Group, employing office that is a creating employ- gued that rules regarding variances, inspec- Inc., 116 S. Ct. 1529, 1533 (1996). ing office, a controlling employing office, tions, and citations should be issued by the Furthermore, because section 215(c) sets and/or a correcting employing office, as de- Board as substantive regulations, rather forth a detailed enforcement procedure fined by this section, to the extent that the than by the Executive Director under section which is significantly different from the pro- employing office is in a position to correct 303 of the CAA; however, this commander did cedures of the OSHAct, it is doubtful that or abate the hazard or to ensure its correc- not offer a legal basis for this argument. Fi- the drafters intended to include regulations tion or abatement.’’ nally, a fourth commenter argued that the implementing OSHAct enforcement proce- 1. General comments regarding section 1.106.— Part 1903 regulations should be issued as part dures as part of the Board’s rulemaking One commenter argued that section 1.106 of the current rulemaking, regardless wheth- under section 215(c)(2). Instead, given the sig- should be significantly revised or a different er they are issued as substantive regulations nificant differences between the two statu- method developed by the Board because: (1) under section 215(d)(2) of the CAA or as pro- tory enforcement provisions, it is reasonable the definitions of ‘‘creating,’’ ‘‘exposing,’’ cedures of the Office under section 303 of the to conclude that Congress did not intend the ‘‘controlling,’’ and ‘‘correcting’’ employer CAA. Board to presume that the regulations re- are allegedly vague and confusing and give After carefully considering these various garding such procedures should be ‘‘the insufficient guidance to employing offices re- comments, the Board has again determined same’’ as the Secretary’s procedures, as they garding their responsibilities; and (2) section that it would not be legally appropriate to generally must be if they fell within the 1.106 contemplates the possibility that more adopt the Secretary’s regulations at Parts Board’s substantive rulemaking authority than one employing office may be held re- 1903 and 1905, 29 CFR, as regulations under under section 215(d)(2). Thus, the com- sponsible for correcting a violation, which is section 215(d)(2). Contrary to the com- menters’ interpretation is not supported by said to be contrary to section 215 (which the menters’ characterization, the Board ex- either the text or the legislative history of commenter argues prohibits the imposition cluded Part 1903 and 1905 from the proposed section 215.1 of joint responsibility) and, assuming that regulations, not because they were ‘‘proce- For this reason, the Board must also reject more than one employing office may prop- dural’’ as opposed to ‘‘substantive,’’ but be- the commenter’s suggestion that it ‘‘mod- erly be held responsible under section 1.106, cause they were not within the scope of the ify’’ the proposed regulations to include the the Board should provide a mechanism for Board’s rulemaking authority under section Secretary’s Part 1903 and 1904 regulations. allocating joint responsibility among mul- 215(d)(2) of the CAA. Section 215(d)(2) pro- tiple offices. The Board has considered each vides that the regulations issued by the 1 Even under the commenters’ narrow reading of of these arguments and, as explained below, Board to implement section 215 ‘‘shall be the section 215(d)(2), Part 1905 (rules of practice and pro- finds no reason to depart substantially from same as substantive regulations promulgated cedure relating to variances) is not a ‘‘substantive the proposed regulations as issued. by the Secretary of Labor to implement the regulation.’’ Part 1905 was issued by the Secretary a. Definition of ‘‘creating,’’ ‘‘exposing,’’ ‘‘con- as a ‘‘rule of agency procedures and practice’’ and statutory provisions referred to in subsection (a) thus was not promulgated after notice and com- trolling,’’ and ‘‘correcting’’ employing office. [of section 215],’’ except for modification of ment. See 36 Fed. Reg. 12,290 (June 30, 1971) (‘‘The The commenter argued that the definitions those regulations for ‘‘good cause.’’ The only rules of practice [Part 1905] shall be effective upon of ‘‘creating,’’ ‘‘exposing,’’ ‘‘controlling,’’ ‘‘statutory provision[] referred to in sub- publication in the Federal Register (6–30–71).’’). and ‘‘correcting’’ employing office are vague

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H98 CONGRESSIONAL RECORD — HOUSE January 9, 1997 and confusing because allegedly ‘‘they do lit- applied under the OSHAct. In the private the hazard or have control over the work- tle more than imply that an employing of- sector, where a single employer controls the space involved), that employing office dis- fice can be responsible in almost all situa- working conditions and working environ- charges its responsibility (and abates its tions’’ and allegedly do not give any more ment of the employees, that employer is ‘‘share’’ of a citation) by ceasing the activity guidance on this issue than before the pro- solely accountable under the OSHAct for that exposes its employees to the hazard (by posed regulations were submitted. However, providing safe working conditions for its em- not sending its employees to the area, pro- the commenter has not explained how the ployees. Similarly, in situations under sec- viding personal protective equipment, etc.). provisions of proposed section 1.106 can fairly tion 215 of the CAA where the alleged viola- Even though the ‘‘exposing’’ employing of- be seen as vague or confusing. To be sure, tion involves a one-employing office work- fice has discharged its responsibility (and is, proposed section 1.106 states general prin- place that is under the sole authority and ju- therefore, no longer a ‘‘responsible employ- ciples that will need to be applied in the con- risdiction of that office, section 1.106 would ing office’’ with respect to that violation), text of actual factual situations by the Gen- not be needed to resolve the issue of respon- the ‘‘violation’’ at that worksite is not eral Counsel and, ultimately, by the Board. sibility for correction. However, as the Board abated until the condition creating the haz- But this is the case with almost every rule of noted in NPR, the vast majority of work- ard is eliminated. In most cases, that respon- law, whether stated in a statute, a regula- places in the Legislative Branch are not con- sibility will be assigned to the ‘‘correcting’’ tion, or a judicial decision. The fact that the ventional, one-employing office workplaces. employing office. However, in some cases, text of a regulation on its face does not pur- Instead, there are a number of employing of- the ‘‘controlling’’ employing office (the one port to provide a clear answer to every hypo- fices and entities (including, but not limited with legal authority to control the area) thetical question that may be posed by a to, the Architect of the Capitol, the Ser- may be a different office than the ‘‘correct- party is not a reason to deem a regulation to geants-At-Arms, the Chief Administrative ing’’ employing office and, therefore, may be unclear. In the course of individual cases Officer of the House, Senate and House com- need to be a party to any proceeding so that before the General Counsel and ultimately mittees, and individual Members) that have complete relief can be granted by the hear- the Board, application of these rules will be varying degrees of actual or apparent juris- ing officer to ensure correction of the viola- made to specific situations. Without further diction, authority, and responsibility for the tion. elaboration by the commenter as to the na- physical location in which the violation oc- For all of the above reasons, the Board will ture of the purported ambiguity, there is no curred and, therefore, for correction of viola- adopt section 1.106, as modified below, as reason to believe that further clarification tions. Section 1.106 is needed to address such part of its final regulations. or elaboration in section 1.106 is needed. situations; and it can workably do so only by 2. Recommended modifications to section b. Joint responsibility. The commenter ar- imposing responsibility on several covered 1.106(c).—One commenter took issue with the gued that section 1.106 authorizes assigning entities. following portion of section 1.106(c): correction responsibility to more than one In private sector worksites where the ‘‘In addition, if equipment or facilities to employing office, which it said to be is con- working environment is controlled by more be used by an employing office, but not trary to the CAA. In support of its argument, than one employer, such as in construction under the control of the employing office, do the commenter seized upon the provisions of or other activities involving subcontractors, not meet applicable health and safety stand- section 215(d)(3), which direct the Board to OSHA’s longstanding policy has been to hold ards or otherwise constitute a violation of develop a method for identifying ‘‘the em- multiple employers responsible for the cor- section 215(a), it is the responsibility of the ploying office, not employing offices,’’ and rection of workplace hazards in appropriate employing office not to permit its employees section 415, which states that funds to cor- cases. Thus, when safety or health hazards to utilize such equipment or facilities. In rect violations may be paid only from funds occur on multi-employer worksites in the such circumstances, the employing office is appropriated ‘‘to the employing office or private sector, OSHA will issue citations not in violation if, and only if, it permits its em- entity responsible for correcting such viola- only to the employer whose employees were ployees to utilize such equipment or facili- tions.’’ (emphasis in original of comment). exposed to the violation, but also to other ties.’’ According to the commenter, these provi- employers, such as general contractors or According to the commenter, this state- sions establish a statutory prohibition on host employers, who can reasonably be ex- ment fails to recognize the affirmative de- the imposition of ‘‘joint’’ responsibility for pected to have identified or corrected the fense to a violation in situations involving section 215 violations. Again, the Board dis- hazard by virtue of their supervisory role multi-employer worksites where the cited agrees. over the worksite. See OSHA Field Inspec- employer does not have the ability to recog- First, it is an elementary rule of statutory tion Reference manual (‘‘FIRM’’), OSHA In- nize or abate the offending condition or has construction that reference to persons or struction CPL 2.103 at III–28,29 (1994). This taken reasonable alternative measures to parties in statutory language stated in the multi-employer policy does not confer spe- protect its employees from the hazard. See singular is presumed to include the plural. cial burdens on these superintending employ- Anning Johnson Co. v. OSHRC, 516 F.2d 1081 See, e.g., 1 U.S.C. § 1 (‘‘In determining the ers, but merely recognizes that employers (7th Cir. 1975). The Board agrees with the meaning of any Act of Congress, unless the with overall administrative responsibility commenter that employing offices should context indicates otherwise—words import- for an ongoing project or worksite are re- have the benefit of this affirmative defense ing the singular include and apply to several sponsible under the OSHAct for taking rea- in such a situation. Accordingly, the Board persons, parties, or things’’). sonable steps to correct the violation, or to will incorporate the commenter’s suggested Second, nothing in the language of section require correction of hazards to the extent of language (which has been modified to con- 215 suggests that the General Counsel and their authority and/or responsibility. There form to the elements of the multi-employer the Board must determine the (e.g., ‘‘sole’’) is no legal basis for excusing employing of- affirmative defense). As amended, the pas- employing office responsible for correction. fices under the CAA from similar respon- sage in section 1.106(c) will be revised to read On the contrary, the language of section 215, sibilities. as follows: including other subsections not cited by the As noted in the NPR, the employing of- ‘‘In addition, if equipment or facilities to commenter, suggests that more than one of- fice’s responsibility for correction is only to be used by an employing office, but not fice may have responsibilities for the safety the extent that it is ‘‘in a position to correct under the control of the employing office, do and health of a covered employee. For exam- or abate the hazard or to ensure its correc- not meet applicable health and safety stand- ple, by applying section 5 of the OSHAct, tion or abatement.’’ In addition, the duties ards or otherwise constitute a violation of section 215(a) of the CAA imposes a duty on of the employing office under section 1.106 section 215(a), it is the responsibility of the each employing office to provide to its em- are no more than to exercise the power or employing office not to permit its employees ployees employment and a place of employ- authority that it may possess, singularly or to utilize such equipment or facilities. In ment free of recognized hazards. Section together with other employing offices, to en- such circumstances, an employing office 215(a) makes clear that other entities (in ad- sure the correction of the hazard. The Board that did not create or control a violation dition to the employing office) may also finds no compelling reason to reconsider this may avoid liability if, and only if, it proves have a duty to those employees regarding rule. either that it took reasonable alternative such hazards ‘‘irrespective of whether the en- The Board also declines the commenter’s measures to protect its employees against tity has an employment relationship’’ with suggestion that it adopt rules allocating re- the hazard or that it lacked sufficient exper- that employee. Section 215(a)(2)(C). See also sponsibility in what it characterizes as tise to recognize that the equipment or fa- subsection (c)(2)(A) and (B) (authorizing the ‘‘joint’’ liability situations. Contrary to the cilities did not meet applicable health and General Counsel to issue a citation or notice commenter’s assumption, the responsibility safety standards or otherwise constituted a to ‘‘any employing office responsible for cor- under section 1.106 is not ‘‘joint’’ but ‘‘sev- violation of section 215(a).’’ recting a violation’’) (emphasis added). eral.’’ That is, the employing office is only Third, adoption of a rule that requires the responsible to the extent that it is a ‘‘creat- E. Future Changes in Text of Health and General Counsel in an investigatory proceed- ing,’’ ‘‘exposing,’’ ‘‘controlling,’’ and/or ‘‘cor- Safety Standards ing or the hearing officer and/or the Board in recting’’ employing office and to the extent The commenters generally agreed with the an adjudicatory proceeding to determine a that it is ‘‘in a position to correct or abate Board’s proposed approach regarding changes single employing office responsible for cor- the hazard or to ensure its correction or in the substantive health and safety stand- rection of a violation would be unworkable abatement.’’ Thus, if the facts establish that ards. However, two commenters suggested (and in some cases impossible to apply) and a particular employing office only ‘‘exposed’’ that the Board expressly state the manner would be inconsistent with similar principles its employees to a hazard (but did not create and frequency with and by which it plans to

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H99 submit changes in substantive rules, and the and 1.105 have been included in several prior mits for approval by the Congress the follow- manner and frequency with and by which the regulations promulgated by the Board and ing regulations: Office will advise employees and employing approved by Congress. See, e.g., Final Rules Adopted Regulations offices of changes to external documents. regarding section 203 of the CAA, sections APPLICATION OF RIGHTS AND PROTECTIONS OF As stated in the NPR, the Board will make 501.102, 501.104, 141 Cong. Rec. at S226; Final THE OCCUPATIONAL SAFETY AND HEALTH any changes in the substantive health and Rules regarding section 204 of the CAA, sec- ACT OF 1970 (SECTION 215 OF THE CONGRES- safety standards under the rulemaking pro- tions 1.2 and 1.7, 141 Cong. Rec. at S264–65. SIONAL ACCOUNTABILITY ACT OF 1995) cedures of section 304 of the CAA. Those 4. Section 1900.1 (Purpose and Scope).—Pro- changes will be made as frequently as need- posed section 1900.1 sets forth the purpose PART 1—MATTERS OF GENERAL APPLICABILITY ed. It is impossible for the Board to establish and scope of the Board’s adoption of the oc- TO ALL REGULATIONS PROMULGATED UNDER a pre-set schedule under which as yet unan- cupational safety and health standards of SECTION 215 OF THE CONGRESSIONAL ACCOUNT- ticipated and unknown changes will be made. Parts 1910 and 1926, 29 CFR. Subsection (b) ABILITY ACT OF 1995 Similarly, the frequency by which the Office makes clear that only the substantive health Sec. may issue information to employing offices and safety standards of Parts 1910 and 1926 1.101 Purpose and scope and employing officers regarding the re- are adopted by reference and that other ma- 1.102 Definitions quirements of the CAA will be based on the terials not relating to health and safety 1.103 Coverage appropriate professional judgment of the Of- standards are not adopted. One commenter 1.104 Notice of protection requested further clarification because, in fice and its statutory appointees in the par- 1.105 Authority of the Board the commenter’s view, ‘‘there is no indica- ticular circumstances that issues arise; it 1.106 Method for identifying the entity re- tion of what is ‘excluded’ ’’ by the reference. cannot be specified in advance. sponsible for correction of vio- On the contrary, section 1900.1(b) gives an il- lations of section 215 F. Comments on Specific Provisions lustration of the types of material not adopt- § 1.101 Purpose and scope. 1. Specific standards of Part 1910 incorporated ed by reference: rules that relate to laws by reference.—One commenter recommended such as the Construction Safety Act, but (a) Section 215 of the CAA. Enacted into law that the Board not adopt the following provi- have no relation to the OSHAct; and state- on January 23, 1995, the Congressional Ac- sions that were included within the proposed ments or references to the duties and/or au- countability Act (‘‘CAA’’) directly applies regulations, which the commenter contended thorities of the Assistant Secretary of Labor the rights and protections of eleven federal are inapplicable to operations of the Legisla- (since such authorities are assigned by the labor and employment law and public access tive Branch: 1910.104 (relating to installation CAA to the General Counsel). In the Board’s statutes to covered employees and employ- of bulk oxygen systems), 1910.216 (relating to view, section 1900.1 adequately describes the ing offices within the Legislative Branch. mills and calenders in the rubber and plas- scope of its incorporation of standards under Section 215(a) of the CAA provides that each tics industries), and 1910.266 (relating to jog- Parts 1910 and 1926. employing office and each covered employee ging operations). Upon further consideration, G. Technical and nomenclature changes shall comply with the provisions of section 5 of the Occupational Safety and Health Act of the Board will delete these provisions from Two commenters have requested that the 1970 (‘‘OSHAct’’), 29 U.S.C. § 654. Section 5(a) its final regulations, as recommended by the Board list the technical and nomenclature of the OSHAct provides that every covered commenter. changes that it has made to the adopted reg- employer has a general duty to furnish each This commenter also recommended that ulations. Since the Board does not intend by employee with employment and a place of the Board exclude from the final regulations the changes to effect a substantive change in employment free from recognized hazards sections 1910.263 (safety and health standards the meaning of the adopted regulations, it is that are causing or are likely to cause death relating ‘‘to the design, installation, oper- unclear what purpose, if any, would be or serious physical harm to those employees, ation and maintenance of machinery and served by such a list. The regulations ade- and a specific duty to comply with occupa- equipment used in a bakery’’), and section quately set forth the extent of such tech- tional safety and health standards promul- 1910.264 (standards relating to ‘‘laundry ma- nical and nomenclature changes. Proposed gated under the law. Section 5(b) requires chinery and operations’’). Because the terms section 1900.2 states that, except where in- covered employees to comply with occupa- ‘‘bakery’’ and ‘‘laundry’’ are not defined in consistent with the definitions, provisions tional safety and health standards and with the regulations, it is not clear that these regarding scope, application and coverage, all rules, regulations and orders which are sections are inapplicable to conditions or fa- and exemptions provided in the CAA or other applicable to their actions and conduct. Set cilities within the Legislative Branch. Ac- sections of these regulations, the definitions, forth herein are the substantive regulations cordingly, out of an abundance of caution, provisions regarding scope, application and that the Board of Directors of the Office of the Board will retain sections 1910.263 and coverage, and exemptions provided in Parts Compliance has promulgated pursuant to 1910.264 in the final regulations. 1910 and 1926, 29 CFR, as incorporated into section 215(d) of the CAA. Finally, for the reasons set forth in section these regulations, shall apply under these (b) Purpose and scope of regulations. The I.B.2, supra, the Board declines the com- regulations. For example, any reference to regulations set forth herein (Parts 1 and menter’s suggestion that sections 1910.1020 ‘‘employer’’ in Parts 1910 and 1926 shall be 1900) are the substantive regulations that the (access to employee exposure and medical deemed to refer to ‘‘employing office.’’ The Board of Directors of the Office of Compli- records) and 1910.1200 (hazard communica- commenter identified a number of other mis- ance has promulgated pursuant to section tion) not be included within the Board’s final cellaneous statements in the NPR and the 215(d) of the CAA. Part 1 contains the gen- regulations because they may require em- proposed rules therein that it contends are eral provisions applicable to all regulations ploying offices to make or maintain records vague and ambiguous or misleading, and/or under section 215, including the method of to meet these substantive health and safety inconsistent with its reading of the CAA, for identifying entities responsible for correct- standards. which the commenter suggests technical cor- ing a violation of section 215. Part 1900 con- 2. Section 1.104 (Notice of protection).—Two rections and clarifications. The Board has tains the substantive safety and health commenters argued that proposed section considered all of these suggestions and, as standards which the Board has adopted as 1.104 should be deleted since they fear that appropriate, has adopted them. substantive regulations under section 215(e). the section may be interpreted as a notice II. METHOD OF APPROVAL posting or recordkeeping ‘‘requirement.’’ On § 1.102 Definitions. The Board received no comments on the the contrary, section 1.104 merely provides method of approval for these regulations. Except as otherwise specifically provided that, consistent with section 301(h) of the Therefore, the Board continues to rec- in these regulations, as used in these regula- CAA, the Office will make information re- ommend that (1) the version of the proposed tions: garding the CAA available to employing of- regulations that shall apply to the Senate (a) Act or CAA means the Congressional Ac- fices in a manner suitable for posting. This and employees of the Senate should be ap- countability Act of 1995 (Pub.L. 104–1, 109 identical provision has been included in prior proved by the Senate by resolution; (2) the Stat. 3, 2 U.S.C. §§ 1301–1438). regulations promulgated by the Board and version of the proposed regulations that (b) OSHAct means the Williams-Steiger Oc- approved by Congress. See e.g., Final Rules shall apply to the House of Representatives cupational Safety and Health Act of 1970 (29 Under Section 204 of the CAA, section 1.6, 141 and employees of the House of Representa- U.S.C. §§ 651, et seq.), as applied to covered Cong. Rec. at S265 (daily ed. Jan. 22, 1996). tives should be approved by the House of employees and employing offices by Section 3. Sections 1.102 (Definition of ‘‘covered em- Representatives by resolution; and (3) the 215 of the CAA. ployee’’) and 1.105 (Authority of the Board).— version of the proposed regulations that (c) The term covered employee means any Two commenters took issue with the Board’s shall apply to other covered employees and employee of (1) the House of Representatives; inclusion of proposed sections 1.102 (defining employing offices should be approved by the (2) the Senate; (3) the Capitol Guide Service; ‘‘covered employee’’) and 1.105 (stating the Congress by concurrent resolution. (4) the Capitol Police; (5) the Congressional Board’s authority to promulgate regulations Signed at Washington, D.C. on this 20th Budget Office; (6) the Office of the Architect under the CAA) because they contend that day of December, 1996. of the Capitol; (7) the Office of the Attending such provisions are inconsistent with the GLEN D. NAGER, Physician; and (8) the Office of Compliance. CAA and/or not needed. The Board is satis- Chair of the Board, (d) The term employee includes an appli- fied that these sections are consistent with Office of Compliance. cant for employment and a former employee. the CAA and will be retained. As with pro- Accordingly, the Board of Directors of the (e) The term employee of the Office of the Ar- posed section 1.104, proposed sections 1.102 Office of Compliance hereby adopts and sub- chitect of the Capitol includes any employee

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H100 CONGRESSIONAL RECORD — HOUSE January 9, 1997 of the Office of the Architect of the Capitol, (8) the Office of the Attending Physician; tion to correct or abate the hazard or to en- the Botanic Gardens, or the Senate Res- and sure its correction or abatement. taurants. (9) the Office of Compliance. (i) Creating employing office means the em- (f) The term employee of the Capitol Police § 1.104 Notice of protection. ploying office that actually created the haz- ard forming the basis of the violation or vio- includes any member or officer of the Cap- Pursuant to section 301(h) of the CAA, the lations of section 215(a). itol Police. Office shall prepare, in a manner suitable for (g) The term employee of the House of Rep- (ii) Exposing employing office means the em- posting, a notice explaining the provisions of resentatives includes an individual occupying ploying office whose employee are exposed to section 215 of the CAA. Copies of such notice a position the pay for which is disbursed by the hazard forming the basis of the violation may be obtained from the Office of Compli- the Clerk of the House of Representatives, or or violations of section 215(a). ance. another official designated by the House of (iii) Controlling employing office means the Representatives, or any employment posi- § 1.105 Authority of the Board. employing office that is responsible, by tion in an entity that is paid with funds de- Pursuant to section 215 and 304 of the CAA, agreement or legal authority or through ac- rived from the clerk-hire allowance of the the Board is authorized to issue regulations tual practice, for safety and health condi- House of Representatives but not any such to implement the rights and protections of tions in the location where the hazard form- individual employed by an entity listed in section 215(a). Section 215(d) of the CAA di- ing the basis for the violation or violations subparagraphs (3) through (8) of paragraph rects the Board to promulgate regulations of section 215(a) occurred. (c) above. implementing section 215 that are ‘‘the same (iv) Correcting employing office measn the (h) The term employee of the Senate includes as substantive regulations promulgated by employing office that has the responsibility any employee whose pay is disbursed by the the Secretary of Labor to implement the for actually performing (or the authority or Secretary of the Senate, but not any such in- statutory provisions referred to in sub- power to order or arrange for) the work nec- dividual employed by any entity listed in section (a) except to the extent that the essary to correct or abate the hazard form- subparagraphs (3) through (8) of paragraph Board may determine, for good cause shown ing the basis of the violation or violations of (c) above. and stated together with the regulation, that section 215(a). (i) The term employing office means: (1) the a modification of such regulations would be (c) Exposing Employing Office Duties. Em- personal office of a Member of the House of more effective for the implementation of the ploying offices have direct responsibility for Representatives or the Senate or a joint rights and protections under this section.’’ 2 the safety and health of their own employees committee; (2) a committee of the House of U.S.C. § 1341(d). The regulations issued by the and are required to instruct them about the Representatives or the Senate or a joint Board herein are on all matters for which hazards that might be encountered, includ- committee; (3) any other office headed by a section 215 of the CAA requires a regulation ing what protective measures to use. An em- person with the final authority to appoint, to be issued. Specifically, it is the Board’s ploying office may not contract away these hire, discharge, and set the terms, condi- considered judgment based on the informa- legal duties to its employees or its ultimate tions, or privileges of the employment of an tion available to it at the time of promulga- responsibilities under section 215(a) of the employee of the House of Representatives or tion of these regulations, that, with the ex- CAA by requiring another party or entity to the Senate; or (4) the Capitol Guide Board, ception of the regulations adopted and set perform them. In addition, if equipment or the Congressional Budget Office, the Office forth herein, there are no other ‘‘substantive facilities to be used by an employing office, of the Architect of the Capitol, the Office of regulations promulgated by the Secretary of but not under the control of the employing the Attending Physician, and the Office of Labor to implement the statutory provisions office, do not meet applicable health and Compliance. referred to in subsection (a) [of section 215 of safety standards or otherwise constitutes a (j) The term employing office includes any the CAA]’’ that need be adopted. violation of section 215(a), it is the respon- of the following entities that is responsible In promulgating these regulations, the sibility of the employing office not to permit for correction of a violation of this section, Board has made certain technical and no- its employees to utilize such equipment or irrespective of whether the entity has an em- menclature changes to the regulations as facilities. In such circumstances, an employ- ployment relationship with any covered em- promulgated by the Secretary. Such changes ing office that did not create or control a ployee in any employing office in which such are intended to make the provisions adopted violation may avoid liability if, and only if, violation occurs: (1) each office of the Sen- accord more naturally to situations in the it proves either that it took reasonable al- ate, including each office of a Senator and Legislative Branch. However, by making ternative measures to protect its employees each Committee; (2) each office of the House these changes, the Board does not intend a against the hazard or that it lacked suffi- of Representatives, including each office of a substantive difference between these regula- cient expertise to recognize that the equip- Member of the House of Representatives and tions and those of the Secretary from which ment or facilities did not meet applicable each committee; (3) each joint committee of they are derived. Moreover, such changes, in health and safety standards or otherwise the Congress; (4) the Capitol Guide Service; and of themselves, are not intended to con- constituted a violation of section 215(a). It is (5) the Capitol Police; (6) the Congressional stitute an interpretation of the regulation or not the responsibility of an employing office Budget Office; (7) the Office of the Architect of the statutory provisions of the CAA upon to effect the correction of any such defi- of the Capitol (including the Senate Res- which they are based. ciencies itself, but this does not relieve it of taurants and the Botanic Garden); (8) the Of- § 1.106 Method for identifying the entity respon- its duty to use only equipment or facilities fice of the Attending Physician; and (9) the sible for correction of violations of section that meet the requirements of section 215(a). Office of Compliance. 215. PART 1900—ADOPTION OF OCCUPATIONAL (k) Board means the Board of Directors of (a) Purpose and scope. Section 215(d)(3) of SAFETY AND HEALTH STANDARDS the Office of Compliance. the CAA provides that regulations under sec- Sec. (l) Office means the Office of Compliance. tion 215(d) include a method of identifying, 1900.1 Purpose and scope (m) General Counsel means the General for purposes of this section and for cat- 1900.2 Definitions; provisions regarding Counsel of the Office of Compliance. egories of violations of section 215(a), the scope, applicability, and cov- § 1.103 Coverage. employing office responsible for correcting a erage; and exemptions 1900.3 Adoption of occupational safety and The coverage of Section 215 of the CAA ex- particular violation. This section sets forth health standards tends to any ‘‘covered employee.’’ It also ex- the method of identifying responsible em- tends to any ‘‘covered employing office,’’ ploying offices for the purpose of allocating § 1900.1 Purpose and scope. which includes any of the following entities responsibility for correcting violations of (a) The provisions of this subpart B adopt that is responsible for correcting a violation section 215(a) of the CAA. These rules apply and extend the applicability of occupational of section 215 (as determined under section to the General Counsel in the exercise of his safety and health standards established and 1.106), irrespective of whether the entity has authority to issue citations or notices to em- promulgated by the Occupational Safety and an employment relationship with any cov- ploying offices under sections 215(c)(2) (A) Health Administration (‘‘OSHA’’) and set ered employee in any employing office in and (B), and to the Office and the Board in forth at Parts 1910 and 1926 of title 29 of the which such a violation occurs: the adjudication of complaints under section Code of Federal Regulations, with respect to (1) each office of the Senate, including 215(c)(3). every employing office, employee, and em- each office of a Senator and each committee; (b) Employing Office(s) Responsible for Cor- ployment covered by section 215 of the Con- (2) each office of the House of Representa- recting a Violation of Section 215(a) of the CAA. gressional Accountability Act. tives, including each office of a Member of With respect to the safety and health stand- (b) It bears emphasis that only standards the House of Representatives and each com- ards and other obligations imposed upon em- (i.e., substantive rules) relating to safety or mittee; ploying offices under section 215(a) of the health are adopted by any incorporations by (3) each joint committee of the Congress; CAA, correction of a violation of section reference of standards prescribed in this (4) the Capitol Guide Service; 215(a) is the responsibility of any employing Part. Other materials contained in the ref- (5) the Capitol Police; office that is an exposing employing office, a erenced parts are not adopted. Illustrations (6) the Congressional Budget Office; creating employing office, a controlling em- of the types of materials which are not (7) the Office of the Architect of the Cap- ploying office, and/or a correcting employing adopted are these. The incorporation by ref- itol (including the Senate Restaurants and office, as defined in this subsection, to the erence of part 1926, 29 CFR, is not intended to the Botanic Garden); extent that the employing office is in a posi- include references to interpretative rules

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H101 having relevance to the application of the (c) Standards not adopted. This section 1910.67 Vehicle-mounted elevating and ro- Construction Safety Act, but having no rel- adopts as occupational safety and health tating work platforms. evance to the Occupational Safety and standards under section 215(d) of the CAA 1910.68 Manlifts. Health Act. Similarly, the incorporation by the standards which are prescribed in Parts Subpart G—Occupational Health and Environmental reference of part 1910, 29 CFR, is not in- 1910 and 1926 of 29 CFR. Thus, the standards Control tended to include any reference to the As- (substantive rules) published in subparts B 1910.94 Ventilation. sistant Secretary of Labor and the authori- through S and Z of part 1910 and subparts C 1910.95 Occupational noise exposure. ties of the Assistant Secretary. The author- through X and Z of part 1926 are applied. As 1910.96 [Reserved] ity to adopt, promulgate, and amend or re- set forth in Appendix A and Appendix B to 1910.97 Nonionizing radiation. voke standards applicable to covered em- this Part, this section does not incorporate ployment under the CAA rests with the all sections contained in these subparts. For Subpart H—Hazardous Materials Board of Directors of the Office of Compli- example, this section does not incorporate 1910.101 Compressed gases (general require- ance pursuant to sections 215(d) and 304 of sections 1910.15, 1910.16, and 1910.142, relating ments). the CAA. Notwithstanding anything to the to shipyard employment, longshoring and 1910.102 Acetylene. contrary contained in the incorporated marine terminals, and temporary labor 1910.103 Hydrogen. standards, the exclusive means for enforce- camps, because such provisions have no ap- 1910.104 [Reserved] ment of these standards with respect to cov- plication to employment within entities cov- 1910.105 Nitrous oxide. ered employment are the procedures and ered by the CAA. 1910.106 Flammable and combustible liq- remedies provided for in section 215 of the (d) Copies of the standards which are incor- uids. CAA. porated by reference may be examined at the 1910.107 Spray finishing using flammable (c) This part incorporates the referenced Office of Compliance, Room LA 200, 110 Sec- and combustible materials. safety and health standards in effect as of ond Street, S.E., Washington, D.C. 20540–1999. 1910.108 Dip tanks containing flammable or the effective date of these regulations. The OSHA standards may also be found at 29 combustible liquids. § 1900.2 Definitions, provisions regarding scope, CFR Parts 1910 and 1926. Copies of the stand- 1910.109 Explosives and blasting agents. applicability and coverage, and exemptions. ards may also be examined at the national 1910.110 Storage and handling of liquefied (a) Except where inconsistent with the office of the Occupational Safety and Health petroleum gases. definitions, provisions regarding scope, ap- Administration, U.S. Department of Labor, 1910.111 Storage and handling of anhydrous plication and coverage, and exemptions pro- Washington, D.C. 20210, and their regional of- ammonia. vided in the CAA or other sections of these fices. Copies of private standards may be ob- 1910.112 [Reserved] regulations, the definitions, provisions re- tained from the issuing organizations. Their 1910.113 [Reserved] garding scope, application and coverage, and names and addresses are listed in the perti- 1910.119 Process safety management of high- exemptions provided in Parts 1910 and 1926, nent subparts of Parts 1910 and 1926, 29 CFR. ly hazardous chemicals. 29 CFR, as incorporated into these regula- (e) Any changes in the standards incor- 1910.120 Hazardous waste operations and tions, shall apply under these regulations. porated by reference in the portions of Parts emergency response. 1910 and 1926, 29 CFR, adopted herein and an For example, any reference to ‘‘employer’’ in Subpart I—Personal Protective Equipment official historic file of such changes are Parts 1910 and 1926 shall be deemed to refer 1910.132 General requirements. to ‘‘employing office.’’ Similarly, any limita- available for inspection at the national of- fice of the Occupational Safety and Health 1910.133 Eye and face protection. tion on coverage in Parts 1910 and 1926 to em- 1910.134 Respiratory protection. ployers engaged ‘‘in a business that affects Administration, U.S. Department of Labor, Washington, D.C. 20210. 1910.135 Head protection. commerce’’ shall not apply in these regula- 1910.136 Foot protection. APPENDIX A TO PART 1900—REFERENCES TO tions. 1910.137 Electrical protective devices. (b) The provision of section 1910.6, 29 CFR, SECTIONS OF PART 1910, 29 CFR, ADOPTED AS 1910.138 Hand Protection. regarding the force and effect of standards of OCCUPATIONAL SAFETY AND HEALTH STAND- agencies of the U.S. Government and organi- ARDS UNDER SECTION 215(D) of the CAA Subpart J—General Environmental Controls zations that are not agencies of the U.S. The following is a reference listing of the 1910.141 Sanitation. Government, which are incorporated by ref- sections and subparts of Part 1910, 29 CFR, 1910.143 Nonwater carriage disposal systems. erence in Part 1910, shall apply to the stand- which are adopted as occupational safety and [Reserved] ards incorporated into these regulations. health standards under section 215(d) of the 1910.144 Safety color code for marking phys- (c) It is the Board’s intent that the stand- Congressional Accountability Act. Unless ical hazards. ards adopted in these regulations shall have otherwise specifically noted, any reference 1910.145 Specifications for accident preven- the same force and effect as applied to cov- to a section number includes any appendices tion signs and tags. ered employing offices and employees under to that section. 1910.146 Permit-required confined spaces. section 215 of the CAA as those standards PART 1910—OCCUPATIONAL SAFETY AND 1910.147 The control of hazardous energy have when applied by OSHA to employers, HEALTH STANDARDS (lockout/tagout). employees, and places of employment under Subpart K—Medical and First Aid the jurisdiction of OSHA and the OSHAct. Subpart B—Adoption and Extension of Established Federal Standards 1910.151 Medical services and first aid. § 1900.3 Adoption of occupational safety and 1910.152 [Reserved] health standards. Sec. 1910.12 Construction work. Subpart L—Fire Protection (a) Part 1910 Standards. The standards pre- 1910.18 Changes in established Federal 1910.155 Scope, application and definitions scribed in 29 CFR part 1910, Subparts B standards. through S, and Subpart Z, as specifically ref- 1910.19 Special provisions for air contami- applicable to this subpart. erenced and set forth herein at Appendix A, nants. 1910.156 Fire brigades. are adopted as occupational safety and Portable Fire Suppression Equipment Subpart C—General Safety and Health Provisions 1910.157 Portable fire extinguishers. health standards under Section 215(d) of the [Reserved] CAA and shall apply, according to the provi- 1910.158 Standpipe and hose systems. Subpart D—Walking—Working Surfaces sions thereof, to every employment and Fixed Fire Suppression Equipment 1910.21 Definitions. place of employment of every covered em- 1910.159 Automatic sprinkler systems. 1910.22 General requirements. 1910.160 Fixed extinguishing systems, gen- ployee engaged in work in an employing of- 1910.23 Guarding floor and wall openings fice. Each employing office shall protect the eral. and holes. 1910.161 Fixed extinguishing systems, dry employment and places of employment of 1910.24 Fixed industrial stairs. each of its covered employees by complying 1910.25 Portable wood ladders. chemical. with the appropriate standards described in 1910.26 Portable metal ladders. 1910.162 Fixed extinguishing systems, gase- this paragraph. 1910.27 Fixed ladders. ous agent. (b) Part 1926 Standards. The standards pre- 1910.28 Safety requirements for scaffolding. 1910.163 Fixed extinguishing systems, water scribed in 29 CFR part 1926, Subparts C 1910.29 Manually propelled mobile ladder spray and foam. through X and Subpart Z, as specifically ref- stands and scaffolds (towers). Other Fire Protective Systems. erenced and forth herein at Appendix B, are 1910.30 Other working surfaces. 1910.164 Fire detection systems. adopted as occupational safety and health Subpart E—Means of Egress 1910.165 Employee alarm systems. standards under Section 215(d) of the CAA 1910.35 Definitions. Appendices to Subpart L and shall apply, according to the provisions 1910.36 General requirements. Appendix A to Subpart L—Fire Protection thereof, to every employment and place of 1910.37 Means of egress, general. Appendix B to Subpart L—National Consen- employment of every covered employee en- 1910.38 Employee emergency plans and fire sus Standards gaged in work in an employing office. Each prevention plans. Appendix C to Subpart L—Fire Protection employing office shall protect the employ- Appendix to Subpart E—Means of Egress References for Further Infor- ment and places of employment of each of its Subpart F—Powered Platforms, Manlifts, and mation covered employees by complying with the Vehicle-Mounted Work Platforms Appendix D to Subpart L—Availability of appropriate standards described in this para- 1910.66 Powered platforms for building Publications Incorporated by graph. maintenance. Reference

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00027 Fmt 7634 Sfmt 0655 E:\CR\FM\H09JA7.REC h09ja7 H102 CONGRESSIONAL RECORD — HOUSE January 9, 1997 In Section 1910.156 Fire Brigades Appendix A to Subpart S—Reference Documents 1926.51 Sanitation. Appendix E to Subpart L—Test Methods for Appendix B to Subpart S—Explanatory Data 1926.52 Occupational noise exposure. Protective Clothing [Reserved] 1926.53 Ionizing radiation. Subpart M—Compressed Gas and Compressed Air Appendix C to Subpart S—Tables, Notes, and Charts 1926.54 Nonionizing radiation. Equipment [Reserved] 1926.55 Gases, vapors, fumes, dusts, and 1910.166 [Reserved] Subparts U–Y [Reserved] mists. 1926.56 Illumination. 1910.167 [Reserved] 1910.442–1910.999 [Reserved] 1910.168 [Reserved] 1926.57 Ventilation. 1910.169 Air receivers. Subpart Z—Toxic and Hazardous Substances 1926.58 [Reserved]. Subpart N—Materials Handling and Storage 1910.1000 Air contaminants. 1926.59 Hazard communication. 1910.1001 Asbestos. 1926.60 Methylenedianiline. 1910.176 Handling material—general. 1910.1002 Coal tar pitch volatiles; interpre- 1926.61 Retention of DOT markings, plac- 1910.177 Servicing multi-piece and single tation of term. ards and labels. piece rim wheels. 1910.1003 Carcinogens (4–Nitrobiphenyl, etc.) 1926.62 Lead. 1910.178 Powered industrial trucks. 1910.1004 alpha-Naphthylamine. 1926.63 Cadmium (This standard has been 1910.179 Overhead and gantry cranes. 1910.1005 [Reserved] 1910.180 Crawler locomotive and truck redesignated as 1926.1127). 1910.1006 Methyl chloromethyl ether. 1926.64 Process safety management of high- cranes. 1910.1007 3,3’-Dichlorobenzidine (and its 1910.181 Derricks. ly hazardous chemicals. salts). 1910.183 Helicopters. 1926.65 hazardous waste operations and 1910.1008 bis-Chloromethly ether. 1910.184 Slings. emergency response. 1910.1009 beta-Naphthylamine. 1926.66 Criteria for design and construction Subpart O—Machinery and Machine Guarding 1910.1010 Benzidine. for spray booths. 1910.211 Definitions. 1910.1011 4-Aminodiphenyl. 1910.212 General requirements for all ma- 1910.1012 Ethyleneimine. Subpart E—Personal Protective and Life Saving Equipment chines. 1910.1013 beta-Propiolactone. 1910.213 Woodworking machinery require- 1910.1014 2-Acetylaminofluorne. 1926.95 Criteria for personal protective ments. 1910.1015 4-Dimethylaminoazobenzene. equipment. 1910.215 Abrasive wheel machinery. 1910.1016 N-Nitrosodimethylamine. 1926.96 Occupational foot protection. 1910.216 [Reserved]. 1910.1017 Vinyl chloride. 1926.97 [Reserved]. 1910.217 Mechanical power presses. 1910.1018 Inorganic arsenic. 1926.98 [Reserved]. 1910.218 Forging machines. 1910.1020 Access to employee exposure and 1926.99 [Reserved]. 1910.219 Mechanical power-transmission ap- medical records. 1926.100 Head protection. paratus. 1910.1025 Lead. 1926.101 Hearing protection. Subpart P—Hand and Portable Powered Tools and 1910.1027 Cadmium. 1926.102 Eye and face protection. Other Hand-Held Equipment 1910.1028 Benzine. 1926.103 Respiratory protection. 1910.241 Definitions. 1910.1029 Coke oven emissions. 1926.104 Safety belts, lifelines, and lanyards. 1910.242 Hand and portable powered tools 1910.1030 Bloodborne pathogens. 1926.105 Safety nets. and equipment, general. 1910.1043 Cotton dust. 1926.106 Working over or near water. 1910.243 Guarding of portable powered tools. 1910.1044 1,2-dibromo-3-chloropropane. 1926.107 Definitions applicable to this sub- 1910.244 Other portable tools and equip- 1910.1045 Acrylonitrile. part. ment. 1910.1047 Ethylene oxide. Subpart F—Fire Protection and Prevention 1910.1048 Formaldehyde. Subpart Q—Welding, Cutting, and Brazing. 1910.1050 Methylenedianiline. 1926.150 Fire protection. 1910.251 Definitions. 1910.1096 Ionizing radiation. 1926.151 Fire prevention. 1910.252 General requirements. 1910.1200 Hazard communication. 1926.152 Flammable and combustible liq- 1910.253 Oxygen-fuel gas welding and cut- 1910.1201 Retention of DOT markings, plac- uids. ting. ards and labels. 1926.153 Liquefied petroleum gas (LP-Gas). 1910.254 Arc welding and cutting. 1910.1450 Occupational exposure to hazard- 1926.154 Temporary heating devices. 1910.255 Resistance welding. ous chemicals in laboratories. 1926.155 Definitions applicable to this sub- part. Subpart R—Special Industries APPENDIX B TO PART 1900—REFERENCES TO 1910.263 Bakery equipment. SECTIONS OF PART 1926, 29 CFR, ADOPTED AS Subpart G—Signs, Signals, and Barricades 1910.264 Laundry machinery and operations. OCCUPATIONAL SAFETY AND HEALTH STAND- 1926.200 Accident prevention signs and tags. 1910.265–1910.267 [Reserved]. ARDS UNDER SECTION 215(D) OF THE CAA 1926.201 Signaling. 1910.268 Telecommunications. The following is a reference listing of the 1926.202 Barricades. 1910.269 Electric power generation, trans- sections and subparts of Part 1926, 29 CFR, 1926.203 Definitions applicable to this sub- mission, and distribution. which are adopted as occupational safety and part. Subpart S—Electrical health standards under section 215(d) of the Subpart H—Materials Handling, Storage, Use, and General Congressional Accountability Act. Unless Disposal 1910.301 Introduction. otherwise specifically noted, any reference 1926.250 General requirements for storage. Design Safety Standards for Electrical Sys- to a section number includes the appendices 1926.251 Rigging equipment for material tems to that section. handling. 1910.302 Electric utilization systems. PART 1926—SAFETY AND HEALTH 1926.252 Disposal of waste materials. 1910.303 General requirements. REGULATIONS FOR CONSTRUCTION 1910.304 Wiring design and protection. Subpart I—Tools—Hand and Power 1910.305 Wiring methods, components, and Subpart C—General Safety and Health 1926.300 General requirements. equipment for general use. Provisions 1926.301 Hand tools. 1910.306 Specific purpose equipment and in- Sec. 1926.302 Power operated hand tools. stallations. 1910.20 General safety and health provi- 1926.303 Abrasive wheels and tools. 1910.307 Hazardous (classified) locations. sions. 1926.304 Woodworking tools. 1910.308 Special systems. 1910.21 Safety training and education. 1926.305 Jacks—lever and ratchet, screw and 1910.309—1910.330 [Reserved] 1910.22 Recording and reporting of injuries. hydraulic. Safety-Related Work Practices [Reserved] 1926.306 Air Receivers. 1910.331 Scope. 1910.23 First aid and medical attention. 1926.307 Mechanical power-transmission ap- 1910.332 Training. 1910.24 Fire protection and prevention. paratus. 1910.3333 Selection and use of work prac- 1910.25 Housekeeping. Subpart J—Welding and Cutting tices. 1910.26 Illumination. 1910.334 Use of equipment. 1910.27 Sanitation. 1926.350 Gas welding and cutting. 1910.335 Safeguards for personnel protec- 1910.28 Personal protective equipment. 1926.351 Arc welding and cutting. tion. 1910.29 Acceptable certifications. 1926.352 Fire prevention. 1910.336–1910.360 [Reserved] 1910.31 Incorporation by reference. 1926.353 Ventilation and protection in weld- ing, cutting, and heating. Safety-Related Maintenance Requirements 1910.32 Definitions. 1926.33 Access to employee exposure and 1926.354 Welding, cutting and heating in 1910.361–1910.380 [Reserved] medical records. way of preservative coatings. Safety Requirements for Special Equipment 1926.34 Means of egress. Subpart K—Electrical 1910.381–1910.398 [Reserved] 1926.35 Employee emergency action plans. General Definitions Subpart D—Occupational Health and Environmental 1926.401 Introduction. 1910.399 Definitions applicable to this sub- Controls 1926.401 [Reserved]. part. 1926.50 Medical services and first aid. Installation Safety Requirements

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00028 Fmt 7634 Sfmt 0655 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H103 1926.402 Applicability. 1926.701 General requirements. 1926.1001 Minimum performance criteria for 1926.403 General requirements. 1926.702 Requirements for equipment and rollover protective structures 1926.404 Wiring design and protection. tools. for designated scrapers, loaders, 1926.405 Wiring methods, components, and 1926.703 Requirements for cast-in-place con- dozers, graders, and crawler equipment for general use. crete. tractors. 1926.406 Specific purpose equipment and in- 1926.704 Requirements for precast concrete. 1926.1002 Protective frame (ROPS) test pro- stallations. 1926.705 Requirements for lift-slab construc- cedures and performance re- 1926.407 Hazardous (classified) locations. tion operations. quirements for wheel-type agri- 1926.408 Special systems. 1926.706 Requirements of masonry construc- cultural and industrial tractors 1926.409–1926.415 [Reserved]. tion. used in construction. Safety-Related Work Practices Appendix to Subpart Q—REFERENCES TO SUBPART Q 1926.1003 Overhead protection for operators 1926.416 General requirements. OF PART 1926 of agricultural and industrial 1926.417 Lockout and tagging of circuits. Subpart R—Steel Erection tractors. 1926.418–1926.430 [Reserved]. 1926.750 Flooring requirements. Subpart X—Stairways and Ladders Safety-Related Maintenance and Environmental 1926.751 Structural steel assembly. Considerations 1926.752 Bolting, riveting, fitting-up, and 1926.1050 Scope, application, and defintions 1926.431 Maintenance of equipment. plumbing-up. applicable to this subpart. 1926.432 Environmental deterioration of 1926.753 Safety Nets. 1926.1051 General Requirements. 1926.1052 Stairways. equipment. Subpart S— and Shafts, Caissons, 1926.433–1926.440 [Reserved] Cofferdams, and Compressed Air 1926.1053 Ladders. Safety Requirements For Special Equipment 1926.800 . 1926.1054–1926.1059 [Reserved] 1926.441 Battery locations and battery 1926.801 Caissons. 1926.1060 Training Requirements. charging. 1926.802 Cofferdams. Appendix A to Subpart X—Ladders 1926.442–1926.448 [Reserved] 1926.803 Compressed air. Definitions ...... 1926.804 Definitions applicable to this sub- Subpart Z—Toxic and Hazardous Substances 1926.449 Definitions applicable to this sub- part. 1926.1100 [Reserved] part. Appendix A to Subpart S—DECOMPRESSION TABLES 1926.1101 Asbestos. Subpart L—Scaffolding Subpart T—Demolition 1926.1102 Coal tar pitch volatiles; interpre- tation of term. 1926.450 [Reserved] 1926.850 Preparatory operations. 1926.451 Scaffolding. 1926.851 Stairs, passageways, and ladders. 1926.1103 44-Nitrobiphenyl. 1926.452 Guardrails, handrails, and covers. 1926.852 Chutes. 1926.1104 alpha-Naphthylamine. 1926.453 Manually propelled mobile ladder 1926.853 Removal of materials through floor 1926.1105 [Reserved] stands and scaffolds (towers). openings. 1926.1106 Methyl chloromethyl ether. Subpart M—Fall Protection 1926.854 Removal of walls, masonry sec- 1926.1107 3.3’-Dichlorobenzidine (and its 1926.500 Scope, application, and definitions tions, and chimneys. salts). applicable to this subpart. 1926.855 Manual removal of floors. 1926.1108 bis-Chloromethyl ether. 1926.501 Duty to have fall protection. 1926.856 Removal of walls, floors, and mate- 1926.1109 beta-Naphthylamine. 1926.502 Fall protection systems criteria rial with equipment. 1926.1110 Benzidine. 1926.857 Storage. and practices. 1926.1111 4–Aminodiphenyl. 1926.503 Training requirements. 1926.858 Removal of steel construction. 1926.859 Mechanical demolition. 1926.1112 Ethyleneimine. Appendix A to Subpart M—Determining Roof Widths 1926.860 Selective demolition by explosives. 1926.1113 beta–Propiolactone. Appendix B to Subpart M—Guardrail Systems Subpart U—Blasting and use of Explosives 1926.1114 2–Acetylaminofluorence. Appendix C to Subpart M—Personal Fall Arrest 1926.1115 4–Dimethylaminoazobenzene. Systems 1926.900 General provisions. 1926.901 Blaster qualifications. 1926.1116 N–Nitrosodimethylamine. Appendix D to Subpart M—Positioning Device 1926.902 Surface transportation of explo- 1926.1117 Vinyl chloride. Systems sives. 1926.1118 Inorganic arsenic. Appendix E to Subpart M—Sample Fall Protection 1926.903 Underground transportation of ex- 1926.1127 Cadmium. Plans plosives. 1926.1128 Benzene. Subpart N—Cranes, Derricks, Hoists, Elevators, and 1926.904 Storage of explosives and blasting 1926.1129 Coke oven emissions. Conveyors agents. 1926.1144 1,2–dibromo–3–chloropropane. 1926.550 Cranes and derricks. 1926.905 Loading of explosives or blasting 1926.1145 Acrylonitrile. 1926.551 Helicopters. agents. 1926.552 Material hoists, personnel hoists 1926.1147 Ethylene oxide. 1926.906 Initiation of explosive charges— 1926.1148 Formaldehyde. and elevators. electric blasting. 1926.553 Base-mounted drum hoists. 1926.907 Use of safety fuse. Appendix A to Part 1926—Designations for General 1926.554 Overhead hoists. 1926.908 Use of detonating cord. Industry Standards 1926.555 Conveyors. 1926.909 Firing the blast. 1926.556 Aerial lifts. 1926.910 Inspection after blasting. f Subpart O—Motor Vehicles and Mechanized 1926.911 Misfires. Equipment 1926.212 Underwater blasting. 1926.600 Equipment. 1926.913 Blasting in excavation work under NOTICE OF ADOPTION OF 1926.601 Motor vehicles. compressed air. REGULATIONS 1926.602 Material handling equipment. 1926.914 Definitions applicable to this sub- U.S. CONGRESS, 1926.603 Pile driving equipment. part. OFFICE OF COMPLIANCE, 1926.604 Site clearing. Subpart V—Power Transmission and Distribution Washington, DC, December 20, 1996. Subpart P—Excavations 1926.950 General requirements. Hon. NEWT GINGRICH, 1926.650 Scope, application, and definitions 1926.941 Tools and protective equipment. Speaker of the House, U.S. House of Represent- applicable to this subpart. 1926.952 Mechanical equipment. atives, Washington, DC. 1926.651 Specific excavation requirements. 1926.953 Material handling. DEAR MR. SPEAKER: Pursuant to Section 1926.652 Requirements for protective sys- 1926.954 Grounding for protection of em- 304(b) of the Congressional Accountability tems. ployees. Act of 1995 (2 U.S.C. § 1384(b)), I am transmit- Appendix A to Subpart P—Soil Classification 1926.955 Overhead lines. ting on behalf of the Board of Directors the 1926.956 Underground lines. Appendix B to Subpart P—Sloping and Benching enclosed notice of adoption of regulations, 1926.957 construction in energized sub- together with a copy of the regulations for Appendix C to Subpart P—Timber Shoring for stations. publication in the Congressional Record. The Trenches 1926.958 External load helicopters. adopted regulations are being issued pursu- Appendix D to Subpart P—Aluminum Hydraulic 1926.959 Lineman’s body belts, safety straps, ant to Section 210(e). Shoring for Trenches and lanyards. The Congressional Accountability Act Appendix E to Subpart P—Alternatives to Timber 1926.960 Definitions applicable to this sub- specifies that the enclosed notice be pub- Shoring part. lished on the first day on which both Houses Appendix F to Subpart P—SELECTION OF PROTECTIVE Subpart W—Rollover Protective Structures; are in session following this transmittal. SYSTEMS Overhead Protection Sincerely, Subpart Q—Concrete and Masonry Construction 1926.1000 Rollover protective structures GLEN D. NAGER, 1926.700 Scope, application, and definitions, (ROPS) for material handling Chair of the Board. applicable to this subpart. equipment. Enclosure

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H104 CONGRESSIONAL RECORD — HOUSE January 9, 1997

OFFICE OF COMPLIANCE—THE CONGRESSIONAL comments received in response to the pro- compliance with section 210. Because there is ACCOUNTABILITY ACT OF 1995: EXTENSION OF posed regulations, the Board has adopted and no ‘‘good cause’’ to modify section 35.105, the RIGHTS AND PROTECTIONS UNDER THE AMER- is submitting these regulations for approval Board adopts it, as proposed in the NPR. ICANS WITH DISABILITIES ACT OF 1990 RE- by the Congress. 2. Employment discrimination provisions (sec- LATING TO PUBLIC SERVICES AND ACCOM- I. Summary of Comments and Board’s Final tion 35.140). MODATIONS Rules The Board proposed adoption of the em- ployment discrimination provisions of sec- NOTICE OF ADOPTION OF REGULATION AND A. Request for Additional Rulemaking tion 35.140 as part of its regulations under SUBMISSION FOR APPROVAL Proceedings section 210(e) of the CAA. But the Board also Summary: The Board of Directors, Office of One commenter requested that the Board proposed to add a statement that, pursuant Compliance, after considering comments to withdraw its proposed regulations and en- to section 210(c) of the CAA, section 201 pro- its Notice of Proposed Rulemaking published gage in what it termed ‘‘investigative rule- vided the exclusive remedy for any such act September 19, 1996, in the Congressional making,’’ which apparently is to include dis- of employment discrimination. Record, has adopted, and is submitting for cussions with involved parties regarding the Two commenters recommended that the approval by the Congress, final regulations nature and scope of the regulations. This re- Board not adopt section 35.140. One com- implementing section 210 of the Congres- quest was also made by the commenter re- menter argued that section 35.140 imple- sional Accountability Act of 1995 (‘‘CAA’’). garding the proposed rules under section 215, For Further Information Contact: Executive ments title I of the ADA (which is not incor- which the Board has discussed in the pre- porated into section 210 of the CAA). The two Director, Office of Compliance, Room LA 200, amble to the final rules submitted concur- Library of Congress, Washington, DC 20540– commenters also argued that the Board’s rently with these rules. The Board deter- adoption of section 35.140 might be misinter- 1999. Telephone: (202) 724–9250. TDD: (202) 426– mines that further rulemaking proceedings 1912. preted as an adoption of the ADA regulations are not required for the reasons set forth in of the Equal Employment Opportunity Com- SUPPLEMENTARY INFORMATION the preamble to the final rules under section mission (‘‘EEOC’’) and, therefore, constitute Background and Summary 215. improper executive branch enforcement of The Congressional Accountability Act of B. Specific Issues Regarding Adoption of the the CAA. 1995 (‘‘CAA’’), P.L. 104–1, was enacted into Attorney General’s Title II Regulations The Board has carefully considered these law on January 23, 1995. 2 U.S.C. § § 1301 et seq. 1. Self-evaluation, notice, and designation of comments and, after doing so, has deter- In general, the CAA applies the rights and responsible employee and adoption of grievance mined that adoption of section 35.140, as pro- protections of eleven federal labor and em- provisions (sections 35.105, 35.106, and 35.107). posed, is appropriate. Contrary to the com- ployment statutes to covered employees and The Board proposed adoption of the Attor- menter’s statement, section 35.140 was pro- entities within the legislative branch. Sec- ney General’s regulations at sections 35.106 mulgated by the Attorney General to imple- tion 210(b) provides that the rights and pro- through 35.107, which require covered enti- ment title II of the ADA, which the Attorney tections against discrimination in the provi- ties to conduct a self-evaluation of their fa- General has interpreted to apply to all ac- sion of public services and accommodations cilities for compliance with disability access tivities of a public entity, including employ- established by the provisions of Titles II and requirements and to provide notice to indi- ment. See 56 Fed. Reg. at 35707 (preamble to III (sections 201 through 230, 302, 303, and 309) viduals informing them of their rights and final rule regarding part 35). Accordingly, of the Americans With Disabilities Act of protections under the ADA and, for entities since section 35.140 implements a provision 1990, 42 U.S.C. § § 12131–12150, 12182, 12183, and that employ 50 or more employees, to main- of title II of the ADA that is made applicable 12189 (‘‘ADA’’) shall apply to specified Legis- tain the self-evaluation on file and available to covered entities under section 210(b) of the lative Branch entities. 2 U.S.C. § 1331(b). for inspection for three years, designate a re- CAA, it is within the scope of Board rule- Title II of the ADA generally prohibits dis- sponsible employee, and adopt a grievance making authority and mandate under sec- crimination on the basis of disability in the procedure. tion 210(e) of the CAA. provision of services, programs, or activities One commenter argued that, although The EEOC’s ADA regulations referenced in by any ‘‘public entity.’’ Section 210(b)(2) of these sections are within the scope of regula- section 35.140 are effective only insofar as the CAA defines the term ‘‘public entity’’ for tions to be adopted under section 210(e), such regulations are relevant to a covered Title II purposes as any entity listed above there is ‘‘good cause’’ not to adopt the self- employee’s claim under title II of the ADA, that provides public services, programs, or evaluation requirements of section 35.105. In as applied by section 210. By adopting sec- activities. 2 U.S.C. § 1331(b)(2). Title III of the the commenter’s view, the General Counsel’s tion 35.140, the Board does not intend to es- ADA generally prohibits discrimination on inspections under section 210(f) of the CAA tablish rights or provide substantive legal the basis of disability by public accommoda- serve the same purpose as the self-evaluation rules applicable to any claim under title I of tions and requires places of public accommo- under section 35.105 of the Attorney Gen- the ADA, as applied by section 201 of the dation and commercial facilities to be de- eral’s regulations. The Board does not agree. ADA; however, the Board recognizes that signed, constructed, and altered in compli- In order to modify an adopted regulation, this distinction between titles I and II of the ance with accessibility standards. the Board must have good cause to believe ADA may, as a practical matter, be blurred Section 210(e) of the CAA requires the that the modification would be ‘‘more effec- since both types of claims might conceivably Board of Directors of the Office of Compli- tive’’ for the implementation of the rights be brought in a single employment discrimi- ance established under the CAA to issue reg- and responsibilities under section 210. 2 nation case under section 201 of the CAA. ulations implementing the section. 2 U.S.C. U.S.C. § 1331. That a regulatory requirement Moreover, adoption of section 35.106 would § 1331(e). Section 210(e) further states that may arguably serve the same purpose as not constitute executive branch enforcement such regulations ‘‘shall be the same as sub- other statutory requirements of the CAA since any claim (and the resulting interpre- stantive regulations promulgated by the At- does not establish that its elimination would tation of the law thereof) would be in a pro- torney General and the Secretary of Trans- result in a ‘‘more effective’’ implementation ceeding under section 201 of the CAA before portation to implement the statutory provi- of section 210 rights and protections. the hearing officer of the Office and/or before sions referred to in subsection (b) except to On the contrary, requiring entities to con- the Board. the extent that the Board may determine, duct a self-evaluation after January 1, 1997 Accordingly, section 35.106 will be included for good cause shown and stated together (the effective date of section 210), and requir- within the Board’s final regulations. with the regulation, that a modification of ing larger entities to retain a record of that 3. Substitution of the terms ‘‘disability’’ for such regulations would be more effective for self-evaluation, would likely assist the Gen- handicaps’’ and ‘‘TTY’s’’ for ‘‘TDD’s’’ (sections the implementation of the rights and protec- eral Counsel in conducting the section 210(f) 35.150, and sections 35.104 and 35.161). tions under this section.’’ Id. Section 210(e) inspections for the 105th Congress in an expe- The Board will substitute the term ‘‘dis- further provides that the regulations shall ditious manner. Moreover, it is conceivable ability’’ for ‘‘handicap’’ in section include a method of identifying, for purposes that a self-evaluation might reveal informa- 35.150(b)(2)(ii) of the regulations, as rec- of this section and for different categories of tion or raise accessibility issues that may ommended by a commenter. violations of subsection (b), the entity re- not arise from the General Counsel’s inspec- In sections 35.104 and 35.161 and elsewhere sponsible for correction of a particular viola- tions. Thus, in the Board’s view, requiring in the proposed regulations, the Board sub- tion, 2 U.S.C. § 1331(e). entities to proactively investigate their fa- stituted the term ‘‘text telephones’’ On September 19, 1996, the Board published cilities and activities for compliance, rather (‘‘TTY’s’’) for ‘‘telecommunication devices in the Congressional Record a Notice of Pro- than placing sole reliance on the General for the deaf’ (‘‘TDD’s’’), which was used in posed Rulemaking (‘‘NPR’’) (142 Cong. Rec. Counsel’s inspections, would enhance overall the text of the regulations. The Board will S11019 (daily ed., Sept. 19, 1996)). In response use the terms used by the Attorney General to the NPR, the Board received three written in the regulations, as recommended by one comments.1 After full consideration of the ings under section 210. As the Board noted in the commenter. NPR, although section 207 provides a comprehensive 4. Subpart F (Compliance Procedures). retaliation protection for employees (including ap- In the NPR, the Board determined that 1 One of these commenters made no comments re- plicants and former employees who may invoke garding any specific portion of the proposed rules, their rights under section 210), section 207 does not Subpart F, which sets forth administrative except to encourage the Board to ensure that the apply to nonemployees who may enjoy rights and enforcement procedures under title II of the anti-retaliation provisions of section 207 of the CAA protections against discrimination under section ADA, implements provisions of the ADA are applied to the statutory and regulatory proceed- 210. which are applied by section 210(b) of the

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H105 CAA and, therefore, is within the Board’s programs are operated to ensure that indi- that the Board expressly state the manner rulemaking authority under section 210(e)(2). viduals with disabilities may have access to and frequency by which it and the Office The Board expressed its intention to adopt them.’’ General Counsel’s Report at p. 5. plan to inform covered entities and employ- Subpart F as regulations under section Moreover, to the Board’s knowledge, no ees of such changes in such rules and mate- 210(e), but also to incorporate those provi- Member is required to use his/her residence rials. As stated in the NPR, the Board will sions into the Office’s procedural rules, with as a location for the Member’s public activ- make any changes in the regulations under appropriate modification to conform to sec- ity. Thus, one option for that Member would the procedures of section 304 of the CAA. tion 210 and preexisting provisions of the Of- be to locate his/her public activity (the Dis- Those changes will be made as frequently as fice’s procedural rules. trict Office, constituent meetings, public needed and it is impossible in the abstract Two commenters have requested that the gatherings, etc.) in a separate office or other for the Board to establish a pre-set schedule provisions of Subpart F, with the Board’s in- appropriate facility. Still other compliance under which as yet unanticipated and un- tended modifications to conform to the stat- options in this context (including technical known changes to regulations will be made. ute, be included within the Board’s regula- assistance to meet accessibility standards) One commenter expressed concern that the tions herein so that the text of these regula- may be acceptable to the General Counsel, Board not make changes to any external doc- tions may be considered and approved by the who has enforcement authority regarding uments or standards without following the rulemaking procedures of section 304 of the Congress. As the Board determined in the compliance under section 210. NPR, Subpart F is within the scope of rule- In any event, the Board may not entertain CAA. The Board agrees that any changes to making under section 210(e). Moreover, the a request to exempt any entity by regulation the regulations themselves should be subject provisions of Subpart F apply only to claims from the coverage of the CAA, in whole or in to ordinary rulemaking procedures under under section 210 of the CAA and are in no part, without statutory authorization. Noth- section 304. However, adoption of changes to way duplicative of other procedures already ing in section 210, the provisions of the ADA the text of external documents, such as the adopted under section 303 of the CAA. Ac- applied thereunder, or the Attorney Gen- ADA Accessibility Guidelines for Buildings cordingly, the final regulations include Sub- eral’s regulations adopted by the Board, au- and Facilities included as an appendix to the part F, with appropriate modification to con- thorizes the Board to provide regulatory ex- Attorney General’s part 36 regulations, form to the statutory procedures of section emptions from the public accommodations should not be subject to notice and comment 210(e). The Board will renumber Subpart F as accessibility requirements. See White v. INS, under section 304 unless the Attorney Gen- new Part 2 of the final regulations to make 75 F.3d 213, 215 (5th Cir. 1996) (agency cannot eral makes changes to such external docu- clear that such procedures govern proceed- promulgate even substantive rules that are ments pursuant to a notice and comment ings under section 210, including those contrary to statute). procedures of the APA. Where changes in brought under title II or title III. There is The Board also declines the commenter’s those standards are adopted by the Attorney ‘‘good cause’’ to have one set of procedures suggestion that the Board modify section General without notice and comment under governing claims under section 210. 35.207 to impose section 210 requirements the Administrative Procedure Act, such only if the Member uses the home as a public changes are not within the Board’s definition C. Specific Issues Regarding the Attorney of ‘‘substantive regulations to implement’’ General’s Title III Regulations accommodation ‘‘regularly or on a day-to- day basis.’’ If an entity’s facility or activity the ADA and thus the notice and comment 1. Section 36.104 (Defintions). constitutes a ‘‘place of public accommoda- procedures would not be required to make One commenter recommended that the def- such changes under the CAA. See 142 Cong. inition of ‘‘place of public accommodation’’ tions’’ under the provisions of title III of the ADA, as applied by section 210 of the CAA, Rec. at S11020. Of course, if changes in the in proposed section 36.104, which lists the appendices and other external documents are kinds of facilities or activities that may the duty to meet accessibility requirements applies, regardless of whether the operator of made by the Attorney General pursuant to meet the definition, delete references to the notice and comment procedures of the terms such as ‘‘inn,’’ ‘‘hotel,’’ ‘‘motel,’’ ‘‘mo- the public accommodation maintains the ac- commodation on a permanent, temporary, APA, the Board would likewise be required tion picture house,’’ etc., since such facili- to follow the procedures of section 304 of the ties do not exist within the Legislative seasonal, or intermittent basis. Under the statute, once the conditions of coverage are CAA to adopt those changes. Branch. But the definition of ‘‘place of public E. Technical and nomenclature changes accommodation’’ contained in section 36.104 met, the obligation to ensure accessibility One commenter has suggested a number of tracks the statutory language of section attaches so long as the portion of the facility technical and nomenclature changes to the 301(7) of the ADA. The terms used in section at issue continues to constitute a ‘‘place of public accommodation.’’ This statutory re- text of the proposed regulations. The Board 36.104 are merely representative examples of has considered each of the suggested changes the types of facilities that fall within the 12 quirement cannot be altered by the Board. 3. Section 36.305(c) (Access to Multiplex Cine- and, where appropriate, incorporated them categories of ‘‘places of public accommoda- mas). into the final regulations. However, unless tion’’ in the statute. See 56 Fed. Reg. at 7458 The Board will delete proposed section otherwise expressly stated, by making such (preamble to Attorney General’s title III reg- 36.305(c) (relating to accessibility standards changes, the Board does not intend a sub- ulations). The Board finds no basis for con- for multiplex cinemas) from its final regula- stantive change in the meaning of the regu- cluding that deletion of these references tions, as recommended by two commenters, lations.2 would be ‘‘more effective’’ for the implemen- because it does not appear to have any con- II. METHOD OF APPROVAL tation of title II to cover entities. Accord- ceivable applicability to facilities in the ingly, the Board will not alter this defini- The Board received no comments on the Legislative Branch. tion. method of approval for these regulations. 4. Capitol buildings and grounds as historical 2. Section 36.207 (Places of public accommoda- Therefore, the Board continues to rec- properties. tion in private residences). ommend that (1) the version of the proposed One commenter has requested that the The Board proposed adoption of section regulations that shall apply to the Senate Board issue regulations declaring the Capitol 36.207 of the Attorney General’s title III reg- and employees of the Senate should be ap- Buildings and grounds as historical prop- ulations, which deal with the situation proved by the Senate by resolution; (2) the erties for section 210 purposes, based on stat- where all or part of a residence may be used version of the proposed regulations that utes the commenter contends establish the as a place of public accommodation. One shall apply to the House of Representatives recognition of the historic nature of such commenter requested that the Board exempt and employees of the House of Representa- properties by Congress. See, e.g., 40 U.S.C. House Members’ residences from this regula- tives should be approved by the House of §§ 71a, 162–63. However, neither section 210 of tion because, in the commenter’s view, it Representatives by resolution; and (3) the the CAA, the provisions of the ADA applied would be unnecessary and burdensome for a version of the proposed regulations that thereunder, nor the Attorney General’s regu- shall apply to other covered employees and Member, potentially in office for only two lations adopted by the Board authorizes the entities should be approved by the Congress years, to be required to incur large financial Board to declare in its regulations any par- by concurrent resolution. expenses in making modifications to his/her ticular properties as historic. The historic home to comply with section 210. nature of such properties, if relevant in a The commenter’s concern is apparently 2 An example of one technical or nomenclature proceeding under section 210, may be raised based on the erroneous assumption that change that the Board does not adopt is the sugges- and established by the appropriate respond- compliance with section 210 would, in all tion that the term ‘‘public’’ be deleted from pro- ing entity before the General Counsel in an posed section 35.102(a) (modifying ‘‘services, pro- cases, require a Member using his/her resi- investigatory proceeding and/or before the grams, or activities’’), since it does not appear in dence as a District Office to make expensive hearing officer or the Board in an appro- the text of the Attorney General’s regulations. How- and extensive physical alterations in the res- priate adjudicatory proceeding. ever, in contrast to title II of the ADA, which ap- idence to meet the law’s requirements. On plies to all activities of a covered public entity the contrary, as the General Counsel made D. Future Changes in Text of Disability (whether public or nonpublic), section 210(b)(2) clear in his Report to the Congress on com- Access Standards makes clear that a legislative Branch entity is a de- pliance with section 210, ‘‘[a]lthough it is The commenters generally agreed with the fined covered entity if it ‘‘provides public services, programs, or activities.’’ Thus, the addition of the sometimes the case that accessibility re- Board’s proposed approach regarding future term ‘‘public’’ in proposed section 35.102(a) is a quires barrier removal as the only effective changes in the regulations of the Attorney ‘‘technical’’ change in the Attorney General’s regu- option, most covered entities can meet ADA General and/or the Secretary of Transpor- lations required by the language of section 210(b) of requirements by modifying the way their tation. However, one commenter suggested the CAA.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H106 CONGRESSIONAL RECORD — HOUSE January 9, 1997 Signed at Washington, D.C. on this 20th (b) Purpose and scope of regulations. The sued. Specifically, it is the Board’s consid- day of December, 1996. regulations set forth herein (Parts 1, 35, 36, ered judgment, based on the information GLEN D. NAGER, 37, and 38) are the substantive regulations available to it at the time of promulgation of Chair of the Board, that the Board of directors of the Office of these regulations, that, with the exception of Office of Compliance. Compliance has promulgated pursuant to the regulations adopted and set forth herein, Accordingly, the Board of Directors of the section 210(e) of the CAA. Part 1 contains the there are no other ‘‘substantive regulations Office of Compliance hereby adopts and sub- general provisions applicable to all regula- promulgated by the Attorney General and mits for approval by the Congress the follow- tions under section 210, including the method the Secretary of Transportation to imple- ing regulations: of identifying entities responsible for cor- ment the statutory provisions referred to in Adopted Regulations recting a violation of section 210. Part 35 subsection (b) [of section 210 of the CAA]’’ contains the provisions regarding non- that need be adopted. APPLICATION OF RIGHTS AND PROTECTIONS OF In promulgating these regulations, the THE AMERICANS WITH DISABILITIES ACT OF discrimination on the basis of disability in the provision of public services, programs, or Board has made certain technical and no- 1990 RELATING TO PUBLIC SERVICES AND AC- menclature changes to the regulations as COMMODATIONS (SECTION 210 OF THE CON- activities of covered entities. Part 36 con- tains the provisions regarding non- promulgated by the Attorney General and GRESSIONAL ACCOUNTABILITY ACT OF 1995) the Secretary. Such changes are intended to discrimination on the basis of disability by PART 1—MATTERS OF GENERAL APPLICABILITY make the provisions adopted accord more public accommodations. Part 37 contains the TO ALL REGULATIONS PROMULGATED UNDER naturally to situations in the Legislative provisions regarding transportation services SECTION 210 OF THE CONGRESSIONAL ACCOUNT- Branch. However, by making these changes, for individuals with disabilities. Part 38 con- ABILITY ACT OF 1995 the Board does not intend a substantive dif- tains the provisions regarding accessibility ference between these regulations and those Sec. specifications for transportation vehicles. 1.101 Purpose and scope of the Attorney General and/or the Secretary 1.102 Definitions § 1.102 Definitions. from which they are derived. Moreover, such 1.103 Notice of protection Except as otherwise specifically provided changes, in and of themselves, are not in- 1.104 Authority of the Board in these regulations, as used in these regula- tended to constitute an interpretation of the 1.105 Method for identifying the entity re- tions: regulations or of the statutory provisions of sponsible for correction of vio- (a) Act or CAA means the Congressional the CAA upon which they are based. lations of section 210 Accountability Act of 1995 (Pub. L. 104–1, 109 § 1.105 Method for identifying the entity re- § 1.101 Purpose and scope. Stat. 3, 2 U.S.C. §§ 1301–1438). sponsible for correction of violations of sec- (a) Section 210 of the CAA. Enacted into law (b) ADA means the provisions of the Amer- tion 210. on January 23, 1995, the Congressional Ac- icans With Disabilities Act of 1990 (42 U.S.C. (a) Purpose and Scope. Section 210(e)(3) of countability Act (‘‘CAA’’) directly applies §§ 12131–12150, 12182, 12183, and 12189) applied the CAA provides that regulations under sec- the rights and protections of eleven federal to covered entities by Section 210 of the tion 210(e) include a method of identifying, labor and employment law and public access CAA. for purpose of this section and for categories statutes to covered employees and employ- (c) The term covered entity includes any of of violations of section 210(b), the entity re- ing offices within the legislative branch. the following entities that either provides sponsible for correcting a particular viola- Section 210(b) of the CAA provides that the public services, programs, or activities, and/ tion. This section 1.105 sets forth the method rights and protections against discrimina- or that operates a place of public accommo- for identifying responsible entities for the tion in the provision of public services and dation within the meaning of section 210 of purpose of allocating responsibility for cor- accommodations established by the provi- the CAA: (1) each office of the Senate, in- recting violations of section 210(b). sions of Title II and III (sections 201 through cluding each office of a Senator and each (b) Categories of violations. Violations of the 230, 302, 303, and 309) of the Americans With committee; (2) each office of the House of rights and protections established in section Disabilities Act of 1990, 42 U.S.C. §§ 12131– Representatives, including each office of a 210(b) of the CAA that may form the basis for 12150, 12182,, 12183, and 12189 (‘‘ADA’’) shall Member of the House of Representatives and a charge filed with the General Counsel under section 210(d)(1) of the CAA or for a apply to the following entities: each committee; (3) each joint committee of (1) each office of the Senate, including the Congress; (4) the Capitol Guide Service; complaint filed by the General Counsel under section 210(d)(3) of the CAA fall into one (or each office of a Senator and each committee; (5) the Capitol Police; (6) the Congressional (2) each office of the House of Representa- Budget Office; (7) the Office of the Architect both) of two categories: (i) Title II violations. A covered entity may tives, including each office of a Member of of the Capitol (including the Senate Res- violate section 210(b) if it discriminates the House of Representatives and each com- taurants and the Botanic Garden); (8) the Of- fice of the Attending Physician; and (9) the against a qualified individual with a disabil- mittee; ity within the meaning of those provisions of (3) each joint committee of the Congress; Office of Compliance. Title II of the ADA (sections 210 through (4) the Capitol Guide Service; (d) Board means the Board of Directors of (5) the Capitol Police; the Office of Compliance. 230), applied to Legislative Branch entities (6) the Congressional Budget Office; (e) Office means the Office of Compliance. under section 210(b) of the CAA. (ii) Title III violations. A covered entity (7) the Office of the Architect of the Cap- (f) General Counsel means the General may also violate section 210(b) if it discrimi- itol (including the Senate Restaurants and Counsel of the Office of Compliance. nates against a qualified individual with a the Botanic Garden); § 1.103 Notice of protection. (8) the Office of the Attending Physician disability within the meaning of those provi- and Pursuant to section 301(h) of the CAA, the sions of Title III of the ADA (sections 302, (9) the Office of Compliance. Office shall prepare, in a manner suitable for 303, and 309) applied to Legislative Branch posting, a notice explaining the provisions of entities under section 210(b) of the CAA. 2 U.S.C. § 1331(b). Title II of the ADA gen- section 210 of the CAA. Copies of such notice (c) Entity Responsible for Correcting a Viola- erally prohibits discrimination on the basis may be obtained from the Office of Compli- tion of Title II Rights and Protections. Correc- of disability in the provision of public serv- ance. tion of a violation of the rights and protec- ices, programs, activities by any ‘‘public en- § 1.104 Authority of the Board. tions against discrimination under Title II of tity.’’ Section 210(b)(2) of the CAA provides the ADA, as applied by section 210(b) of the that for the purpose of applying Title II of Pursuant to sections 210 and 304 of the CAA, is the responsibility of any entity list- the ADA the term ‘‘public entity’’ means CAA, the Board is authorized to issue regula- ed in subsection (a) of section 210 of the CAA any entity listed above that provides public tions to implement the rights and protec- that is a ‘‘public entity,’’ as defined by sec- services, programs, or activities. Title III of tions against discrimination on the basis of tion 210(b)(2) of the CAA, and that provides the ADA generally prohibits discrimination disability in the provision of public services the specific public service, program, or activ- on the basis of disability by public accom- and accommodations under the incorporated ity that forms the basis for the particular modations and requires places of public ac- provisions of the ADA. Section 210(e) of the violation of title II rights and protections commodation and commercial facilities to be CAA directs the Board to promulgate regula- set forth in the charge of discrimination designed, constructed, and altered in compli- tions implementing section 210 that are ‘‘the filed with the General Counsel under section ance with accessibility standards. Section same as substantive regulations promulgated 210(d)(1) of the CAA or the complaint filed by 225(f) of the CAA provides that, ‘‘[e]xcept by the Attorney General and the Secretary the General Counsel with the Office under where inconsistent with definitions and ex- of Transportation to implement the statu- section 210(d)(3) of the CAA. As used in this emptions provided in this Act, the defini- tory provisions referred to in subsection (b) section, an entity provides a public service, tions and exemptions of the [ADA] shall except to the extent that the Board may de- program, or activity if it does so itself, or by apply under this Act.’’ 2 U.S.C. § 1361(f)(1). termine, for good cause shown and stated to- a person or other entity (whether public or Section 210(f) of the CAA requires that the gether with the regulations, that a modifica- private and regardless of whether that entity General Counsel of the Office of Compliance tion of such regulations would be more effec- is covered under the CAA) under a contrac- on a regular basis, and at least once each tive for the implementation of the rights and tual or other arrangement or relationship Congress, conduct periodic inspections of all protections under this section.’’ 2 U.S.C. with the entity. covered facilities and to report to Congress § 1331(e). The regulations issued by the Board (d) Entity Responsible for Correction of Title on compliance with disability access stand- herein are on all matters for which section III Rights and Protections. Correction of a vio- ards under section 210. 2 U.S.C. § 1331(f). 210 of the CAA requires a regulation to be is- lation of the rights and protections against

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H107 discrimination under Title III of the ADA, as from the Office. All charges shall be signed ted to a hearing officer for decision pursuant applied by section 210(b) of the CAA, is the and verified by the qualified individual with to subsections (b) through (h) of section 405 responsibility of any entity listed in sub- a disability (hereinafter referred to as the of the CAA. Any person who has filed a section (a) of section 210 of the CAA that ‘‘charging party’’), or his or her representa- charge under section 2.101 of these rules may ‘‘operates a place of public accommodation’’ tive, and shall contain the following infor- intervene as of right with the full rights of a (as defined in this section) that forms the mation: party. The procedures of sections 405 through basis, in whole or in part, for the particular (i) the full name, mailing address, and tele- 407 of the CAA and the Office’s procedural violation of Title III rights and protections phone number(s) of the charging party; rules thereunder shall apply to hearings and set forth in the charge filed with the General (ii) the name, address, and telephone num- related proceedings under this subpart. Counsel under section 210(d)(1) of the CAA ber of the covered entit(ies) against which § 2.107 Settlement of Complaints the charge is brought, if known (hereinafter and/or the complaint filed by the General Any settlement entered into by the parties Counsel with the Office under section referred to as the ‘‘respondent’’); (iii) the name(s) and title(s) of the individ- to any process described in this subpart shall 210(d)(3) of the CAA. be in writing and not become effective unless (i) Definitions. ual(s), if known, involved in the conduct that it is approved by the Executive Director As used in this section: the charging party claims is a violation of Public accommodation has the meaning set section 210 and/or the location and descrip- under section 414 of the CAA and the Office’s forth in Part 36 of these regulations. tion of the places or conditions within cov- procedural rules thereunder. Operates, with respect to the operations of ered facilities that the charging party claims § 2.108 Compliance Date a place of public accommodation, includes is a violation of section 210; In any proceedings under this section, if it the superintendence, control, management, (iv) a description of the conduct, locations, is demonstrated by the entity responsible for or direction of the function of the aspects of or conditions that form the basis of the correcting the violation of a violation of sec- the public accommodation that constitute charge, and a brief description of why the tion 210, compliance shall take place as soon an architectural barrier or communication charging party believes the conduct, loca- as possible, but not later than the fiscal year barrier that is structural in nature, or that tions, or conditions is a violation of section following the end of the fiscal year in which otherwise forms the basis for a violation of 210; and the order requiring correction becomes final the rights and protections of Title III of the (v) the name, address, and telephone num- and not subject to further review. ADA as applied under section 210(b) of the ber of the representative, if any, who will act PART 35—NONDISCRIMINATION ON THE BASIS OF CAA. on behalf of the charging party. DISABILITY IN PUBLIC SERVICES, PROGRAMS, (ii) As used in this section, an entity oper- § 2.102 Service of charge or notice of charge OR ACTIVITIES ates a place of public accommodation if it Within ten (10) days after the filing of a Subpart A—General does so itself, or by a person or other entity charge with the General Counsel’s Office (ex- Sec. (whether public or private and regardless of cluding weekends or holidays), the General 35.101 Purpose. whether that entity is covered under the Counsel shall serve the respondent with a 35.102 Application. CAA) under a contractual or other arrange- copy of the charge, by certified mail, return 35.103 Relationship to other laws. ment or relationship with the entity. receipt requested, or in person, except when 35.104 Definitions. (e) Allocation of Responsibility for Correction it is determined that providing a copy of the 35.105 Self-evaluation. of Title II and/or Title III Violations. Where charge would impede the law enforcement 35.106 Notice. more than one entity is deemed an entity re- functions of the General Counsel. Where a 35.107 Designation of responsible employee sponsible for correction of a violation of copy of the charge is not provided, the re- and adoption of grievance pro- Title II and/or Title III rights and protec- spondent will be served with a notice of the cedures. tions under the method set forth in this sec- charge within ten (10) days after the filing of 35.108–35.129 [Reserved] tion, as between those parties, allocation of the charge. The notice shall include the date, Subpart B—General Requirements responsibility for complying with the obliga- place and circumstances of the alleged viola- 35.130 General prohibitions against dis- tions of Title II and/or Title III of the ADA tion of section 210. Where appropriate, the crimination. as applied by section 210(b), and for correc- notice may include the identify of the person 35.131 Illegal use of drugs. tion of violations thereunder, may be deter- filing the charge. 35.132 Smoking. mined by contract or other enforceable ar- §2.103 Investigations by the General Counsel 35.133 Maintenance of accessible features. rangement or relationship. 35.134 [Reserved] The General Counsel or the General Coun- PART 2—INVESTIGATION AND ENFORCEMENT 35.135 Personal devices and services sel’s designated representative shall prompt- 35.136–35.139 [Reserved] PROCEDURES ly investigate each complaint alleging viola- Sec. tions of section 210 of the CAA. As part of Subpart C—Employment 2.101 Charge filed with the General Coun- the investigation, the General Counsel will 35.140 Employment discrimination prohib- sel accept any statement of position or evidence ited. 2.102 Service of charge or notice of charge with respect to the charge which the charg- 35.141–35.148 [Reserved] 2.103 Investigations by the General Coun- ing party or the respondent wishes to sub- Subpart D—Program Accessibility sel mit. The General Counsel will use other 35.149 Discrimination prohibited. 2.104 Mediation methods to investigate the charge, as appro- 35.150 Existing facilities. 2.105 Dismissal of charge priate. 35.151 New construction and alterations. 2.106 Complaint by the General Counsel § 2.104 Mediation 35.152–35.159 [Reserved] 2.107 Settlement of complaints Subpart E—Communications 2.108 Compliance date If, upon investigation, the General Counsel believes that a violation of section 210 may 35.160 General. § 2.101 Charge filed with the General Counsel. have occurred and that mediation may be 35.161 Telecommunication devices for the (a) Who may file. helpful in resolving the dispute, the General deaf (TDD’s). (1) Any qualified individual with a disabil- Counsel may request, but not participate in, 35.162 Telephone emergency services. ity, as defined in section 201(2) of the Ameri- mediation under subsections (b) through (d) 35.163 Information and signage. cans with Disabilities Act of 1990 (42 U.S.C. of section 403 of the CAA and the Office’s 35.164 Duties. 12131(2)), as applied by section 210 of the CAA procedural rules thereunder, between the 35.165–35.169 [Reserved] and section 35.104 of the Board’s regulations charging party and any entity responsible 35.170–35.189 [Reserved] thereunder, who believes that he or she has for correcting the alleged violation. 35.190–35.999 [Reserved] been subjected to discrimination on the basis § 2.105 Dismissal of charge Subpart A—General of a disability in violation of section 210 of § 35.101 Purpose. the CAA by a covered entity, may file a Where the General Counsel determines The purpose of this part is to effectuate charge against any entity responsible for that a complaint will not be filed, the Gen- section 210 of the Congressional Accountabil- correcting the violation with the General eral Counsel shall dismiss the charge. ity Act of 1995 (2 U.S.C. 1331 et seq.) which, Counsel. A charge may not be filed under § 2.106 Complaint by the General Counsel inter alia, applies the rights and protections section 210 of the CAA by a covered employee (a) After completing the investigation, and of subtitle A of title II of the Americans with alleging employment discrimination on the where mediation under section 2.104, if any, Disabilities Act of 1990 (42 U.S.C. 12131–12150), basis of disability; the exclusive remedy for has not succeeded in resolving the dispute, which prohibits discrimination on the basis such discrimination are the procedures under and where the General Counsel has not set- of disability by public entities. section 201 of the CAA and subpart B of the tled or dismissed the charge, and if the Gen- Office’s procedural rules. eral Counsel believes that a violation of sec- § 35.102 Application. (b) When to file. A charge under this section tion 210 may have occurred, the General (a) Except as provided in paragraph (b) of must be filed with the General Counsel not Counsel may file with the Office a complaint this section, this part applies to all public later than 180 days from the date of the al- against any entity responsible for correcting services, programs, and activities provided leged discrimination. the violation. or made available by public entities as de- (c) Form and Contents. A charge shall be (b) The complaint filed by the General fined by section 210 of the Congressional Ac- written or typed on a charge form available Counsel under subsection (a) shall be submit- countability Act of 1995.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H108 CONGRESSIONAL RECORD — HOUSE January 9, 1997 (b) To the extent that public transpor- tomatic or asymptomatic), tuberculosis, (7) the Office of the Architect of the Cap- tation services, programs, and activities of drug addiction, and alcoholism. itol (including the Senate Restaurants and public entities are covered by subtitle B of (iii) The phrase physical or mental impair- the Botanic Garden); title II of the ADA, as applied by section 210 ment does not include homosexuality or bi- (8) the Office of the Attending Physician; of the Congressional Accountability Act, sexuality. and they are not subject to the requirements of (2) The phrase major life activities means (9) the Office of Compliance. this part. functions as caring for one’s self, performing Qualified individual with a disability means § 35.103 Relationship to other laws. manual tasks, walking, seeing, hearing, an individual with a disability who, with or speaking, breathing, learning, and working. (a) Rule of interpretation. Except as other- without reasonable modifications to rules, (3) The phrase has a record of such an im- wise provided in this part, this part shall not policies, or practices, the removal of archi- pairment means has a history of, or has been be construed to apply a lesser standard than tectural, communication, or transportation misclassified as having, a mental or physical the standards applied under title V of the barriers, or the provision of auxiliary aids impairment that substantially limits one or Rehabilitation Act of 1973 (29 U.S.C. 791) or and services, meets the essential eligibility more major life activities. the regulations issued by Federal agencies requirements for the receipt of services or (4) The phrase is regarded as having an im- pursuant to that title. the participation in programs or activities pairment means— (b) Other laws. This part does not invali- provided by a public entity. (i) Has a physical or mental impairment date or limit the remedies, rights, and proce- Qualified interpreter means an interpreter that does not substantially limit major life dures of any other Federal laws otherwise who is able to interpret effectively, accu- activities but that is treated by a public en- applicable to covered entities that provide rately, and impartially both receptively and tity as constituting such a limitation; greater or equal protection for the rights of expressively, using any necessary specialized (ii) Has a physical or mental impairment vocabulary. individuals with disabilities or individuals that substantially limits major life activi- Section 504 means section 504 of the Reha- associated with them. ties only as a result of the attitudes of oth- bilitation Act of 1973 (Pub. L. 93–112, 87 Stat. § 35.104 Definitions. ers toward such impairment; or 394 (29 U.S.C. 794)), as amended. For purposes of this part, the term— (iii) Has none of the impairments defined Act or CAA means the Congressional Ac- in paragraph (1) of this definition but is § 35.105 Self-evaluation. countability Act of 1995 (Pub. L. 104–1, 109 treated by a public entity as having such an (a) A public entity shall, within one year of Stat. 3, 2 U.S.C. §§ 1301–1438). impairment. the effective date of this part, evaluate its ADA means the Americans with Disabil- (5) The term disability does not include— current services, policies, and practices, and ities Act (42 U.S.C. 12101–12213 and 47 U.S.C. (i) Transvestism, transsexualism, the effects thereof, that do not or may not 225 and 611), as applied to covered entities by pedophilia, exhibitionism, voyeurism, gender meet the requirements of this part and, to section 210 of the CAA. identity disorders not resulting from phys- the extent modification of any such services, Auxiliary aids and services includes— ical impairments, or other sexual behavior policies, and practices is required, the public (1) Qualified interpreters, notetakers, tran- disorders; entity shall proceed to make the necessary scription services, written materials, tele- (ii) Compulsive gambling, kleptomania, or modifications. phone handset amplifiers, assistive listening pyromania; or (b) A public entity shall provide an oppor- devices, assistive listening systems, tele- (iii) Psychoactive substance use disorders tunity to interested persons, including indi- phones compatible with hearing aids, closed resulting from current illegal use of drugs. viduals with disabilities or organizations caption decoders, open and closed caption- Drug means a controlled substance, as de- representing individuals with disabilities, to ing, telecommunications devices for deaf fined in schedules I through V of section 202 participate in the self-evaluation process by persons (TDD’s), videotext displays, or other of the Controlled Substances Act (21 U.S.C. submitting comments. effective methods of making aurally deliv- 812). (c) A public entity that employs 50 or more ered materials available to individuals with Facility means all or any portion of build- persons shall, for at least three years follow- hearing impairments; ings, structures, sites, complexes, equip- ing completion of the self-evaluation, main- (2) Qualified readers, taped texts, audio re- ment, rolling stock or other conveyances, tain on file and make available for public in- cordings, Brailled materials, large print ma- roads, walks, passageways, parking lots, or spection: other real or personal property, including terials, or other effective methods of making (1) A list of the interested persons con- the site where the building, property, struc- visually delivered materials available to in- sulted; dividuals with visual impairments; ture, or equipment is located. (2) A description of areas examined and (3) Acquisition or modification of equip- General Counsel means the General Counsel any problems identified; and ment or devices; and of the Office of Compliance. (3) A description of any modifications (4) Other similar services and actions. Historic preservation programs means pro- Board means the Board of Directors of the grams conducted by a public entity that made. Office of Compliance. have preservation of historic properties as a § 35.106 Notice. Current illegal use of drugs means illegal use primary purpose. A public entity shall make available to ap- of drugs that occurred recently enough to Historic properties means those properties plicants, participants, beneficiaries, and justify a reasonable belief that a person’s that are listed or eligible for listing in the other interested persons information regard- drug use is current or that continuing use is National Register of Historic Places or prop- ing the provisions of this part and its appli- a real and ongoing problem. erties designated as historic under State or cability to the public services, programs, or Disability means, with respect to an indi- local law. activities of the public entity, and make vidual, a physical or mental impairment Illegal use of drugs means the use of one or such information available to them in such that substantially limits one or more of the more drugs, the possession or distribution of manner as the head of the entity finds nec- major life activities of such individual; a which is unlawful under the Controlled Sub- essary to apprise such persons of the protec- record of such an impairment; or being re- stances Act (21 U.S.C. 812). The term illegal tions against discrimination assured them garded as having such an impairment. use of drugs does not include the use of a by the CAA and this part. (1)(i) The phrase physical or mental impair- drug taken under supervision by a licensed § 35.107 Designation of responsible employee ment means— health care professional, or other uses au- and adoption of grievance procedures. (A) Any physiological disorder or condi- thorized by the Controlled Substances Act or tion, cosmetic disfigurement, or anatomical other provisions of Federal law. (a) Designation of responsible employee. A loss affecting one or more of the following Individual with a disability means a person public entity that employs 50 or more per- body systems: Neurological, musculo- who has a disability. The term individual sons shall designate at least one employee to skeletal, special sense organs, respiratory with a disability does not include an individ- coordinate its efforts to comply with and (including speech organs), cardiovascular, re- ual who is currently engaging in the illegal carry out its responsibilities under this part, productive, digestive, genitourinary, hemic use of drugs, when the public entity acts on including any investigation of any complaint and lymphatic, skin, and endocrine; the basis of such use. communicated to it alleging its noncompli- (B) Any mental or psychological disorder Public entity means any of the following en- ance with this part or alleging any actions such as mental retardation, organic brain tities that provides public services, pro- that would be prohibited by this part. The syndrome, emotional or mental illness, and grams, or activities: public entity shall make available to all in- specific learning disabilities. (1) each office of the Senate, including terested individuals the name, office address, (ii) The phrase pysical or mental impairment each office of a Senator and each committee; and telephone number of the employee or includes, but is not limited to, such con- (2) each office of the House of Representa- employees designated pursuant to this para- tagious and noncontagious diseases and con- tives, including each office of a Member of graph. ditions as orthopedic, visual, speech and the House of Representatives and each com- (b) Complaint procedure. A public entity hearing impairments, cerebral palsy, epi- mittee; that employs 50 or more persons shall adopt lepsy, muscular dystrophy, multiple sclero- (3) each joint committee of the Congress; and publish grievance procedures providing sis, cancer, heart disease, diabetes, mental (4) the Capitol Guide Service; for prompt and equitable resolution of com- retardation, emotional illness, specific learn- (5) the Capitol Police; plaints alleging any action that would be ing disabilities, HIV disease (whether symp- (6) the Congressional Budget Office; prohibited by this part.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H109 § 35.108–35.129 [Reserved] (5) A public entity, in the selection of pro- (iii) Is erroneously regarded as engaging in Subpart B—General Requirements curement contractors, may not use criteria such use. § 35.130 General prohibitions against discrimi- that subject qualified individuals with dis- (b) Health and drug rehabilitation services. nation. abilities to discrimination on the basis of (1) A public entity shall not deny public disability. (a) No qualified individual with a disability health services, or public services provided (6) A public entity may not administer a li- in connection with drug rehabilitation, to an shall, on the basis of disability, be excluded censing or certification program in a manner from participation in or be denied the bene- individual on the basis of that individual’s that subjects qualified individuals with dis- current illegal use of drugs, if the individual fits of the public services, programs, or ac- abilities to discrimination on the basis of tivities of a public entity, or be subjected to is otherwise entitled to such services. disability, nor may a public entity establish (2) A drug rehabilitation or treatment pro- discrimination by any public entity. requirements for the public programs or ac- (b)(1) A public entity, in providing any gram may deny participation to individuals tivities of licensees or certified entities that public aid, benefit, or service, may not, di- who engage in illegal use of drugs while they subject qualified individuals with disabilities rectly or through contractual, licensing, or are in the program. to discrimination on the basis of disability. other arrangements, on the basis of disabil- (c) Drug testing. (1) This part does not pro- The public programs or activities of entities ity— hibit a public entity from adopting or admin- (i) Deny a qualified individual with a dis- that are licensed or certified by a public en- istering reasonable policies or procedures, ability the opportunity to participate in, or tity are not, themselves, covered by this including but not limited to drug testing, de- benefit from, the public aid, benefit, or serv- part. signed to ensure that an individual who for- (7) A public entity shall make reasonable ice; merly engaged in the illegal use of drugs is modifications in policies, practices, or proce- (ii) Afford a qualified individual with a dis- not now engaging in current illegal use of dures when the modifications are necessary ability an opportunity to participate in or drugs. benefit from the public aid, benefit, or serv- to avoid discrimination on the basis of dis- ability, unless the public entity can dem- (2) Nothing in paragraph (c) of this section ice that is not equal to that afforded others; shall be construed to encourage, prohibit, re- (iii) Provide a qualified individual with a onstrate that making the modifications would fundamentally alter the nature of the strict, or authorize the conduct of testing for disability with a public aid, benefit, or serv- the illegal use of drugs. ice that is not as effective in affording equal public service, program, or activity. opportunity to obtain the same result, to (8) A public entity shall not impose or § 35.132 Smoking. gain the same benefit, or to reach the same apply eligibility criteria that screen out or This part does not preclude the prohibition level of achievement as that provided to oth- tend to screen out an individual with a dis- of, or the imposition of restrictions on, ers; ability or any class of individuals with dis- smoking in transportation covered by this (iv) Provide different or separate public abilities from fully and equally enjoying any part. public service, program, or activity, unless aids, benefits, or services to individuals with § 35.133 Maintenance of accessible features. disabilities or to any class of individuals such criteria can be shown to be necessary with disabilities than is provided to others, for the provision of the public service, pro- (a) A public entity shall maintain in oper- unless such action is necessary to provide gram, or activity being offered. able working condition those features of fa- (c) Nothing in this part prohibits a public qualified individuals with disabilities with cilities and equipment that are required to entity from providing public benefits, serv- public aids, benefits, or services that are as be readily accessible to and usable by per- ices, or advantages to individuals with dis- effective as those provided to others; sons with disabilities by the CAA or this (v) Aid or perpetuate discrimination abilities, or to a particular class of individ- part. against a qualified individual with a disabil- uals with disabilities beyond those required (b) This section does not prohibit isolated ity by providing significant assistance to an by this part. or temporary interruptions in service or ac- (d) A public entity shall administer public agency, organization, or person that dis- cess due to maintenance or repairs. services, programs, and activities in the criminates on the basis of disability in pro- most integrated setting appropriate to the § 35.134 [Reserved] viding any public aid, benefit, or service to needs of qualified individuals with disabil- § 35.135 Personal devices and services. beneficiaries of the public entity’s program; (vi) Deny a qualified individual with a dis- ities. This part does not require a public entity (e)(1) Nothing in this part shall be con- ability the opportunity to participate as a to provide to individuals with disabilities strued to require an individual with a dis- member of planning or advisory boards; personal devices, such as wheelchairs; indi- (vii) Otherwise limit a qualified individual ability to accept an accommodation, aid, vidually prescribed devices, such as prescrip- with a disability in the enjoyment of any service, opportunity, or benefit provided tion eyeglasses or hearing aids; readers for right, privilege, advantage, or opportunity under the CAA or this part which such indi- personal use or study; or services of a per- enjoyed by others receiving the public aid, vidual chooses not to accept. sonal nature including assistance in eating, (2) Nothing in the CAA or this part author- benefit, or service. toileting, or dressing. izes the representative or guardian of an in- (2) A public entity may not deny a quali- §§ 35.136–35.139 [Reserved] fied individual with a disability the oppor- dividual with a disability to decline food, Subpart C—Employment tunity to participate in public services, pro- water, medical treatment, or medical serv- grams, or activities that are not separate or ices for that individual. § 35.140 Employment discrimination prohibited. (f) A public entity may not place a sur- different, despite the existence of permis- charge on a particular individual with a dis- (a) No qualified individual with a disability sibly separate or different programs or ac- ability or any group of individuals with dis- shall, on the basis of disability, be subjected tivities. to discrimination in employment under any (3) A public entity may not, directly or abilities to cover the costs of measures, such as the provision of auxiliary aids or program service, program, or activity conducted by a through contractual or other arrangements, public entity. utilize criteria or methods of administra- accessibility, that are required to provide that individual or group with the non- (b)(1) For purposes of this part, the re- tion: quirements of title I of the Americans With (i) That have the effect of subjecting quali- discriminatory treatment required by the Disabilities Act (‘‘ADA’’), as established by fied individuals with disabilities to discrimi- CAA or this part. the regulations of the Equal Employment nation on the basis of disability; (g) A public entity shall not exclude or Opportunity Commission in 29 CFR part 1630, (ii) That have the purpose or effect of de- otherwise deny equal public services, pro- apply to employment in any service, pro- feating or substantially impairing accom- grams, or activities to an individual or en- gram, or activity conducted by a public en- plishment of the objectives of the public en- tity because of the known disability of an in- tity if that public entity is also subject to tity’s public program with respect to individ- dividual with whom the individual or entity the jurisdiction of title I of the ADA, as ap- uals with disabilities; or is known to have a relationship or associa- (iii) That perpetuate the discrimination of tion. plied by section 201 of the CAA. another public entity if both public entity § 35.131 Illegal use of drugs. (2) For the purposes of this part, the re- are subject to common administrative con- (a) General. (1) Except as provided in para- quirements of section 504 of the Rehabilita- trol. graph (b) of this section, this part does not tion Act of 1973, as established by the regula- (4) A public entity may not, in determining prohibit discrimination against an individ- tions of the Department of Justice in 28 CFR the site or location of a facility, make selec- ual based on that individual’s current illegal part 41, as those requirements pertain to em- tions— use of drugs. ployment, apply to employment in any serv- (i) That have the effect of excluding indi- (2) A public entity shall not discriminate ice, program, or activity conducted by a pub- viduals with disabilities from, denying them on the basis of illegal use of drugs against an lic entity if that public entity is not also the public benefits of, or otherwise subject- individual who is not engaging in current il- subject to the jurisdiction of title I of the ing them to discrimination; or legal use of drugs and who— ADA, as applied by section 201 of the CAA. (ii) That have the purpose or effect of de- (i) Has successfully completed a supervised (c) Notwithstanding anything contained in feating or substantially impairing the ac- drug rehabilitation program or has otherwise this subpart, with respect to any claim of complishment of the objectives of the public been rehabilitated successfully, employment discrimination asserted by any service, program, or activity with respect to (ii) Is participating in a supervised reha- covered employee, the exclusive remedy individuals with disabilities. bilitation program; or shall be under section 201 of the CAA.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H110 CONGRESSIONAL RECORD — HOUSE January 9, 1997 §§35.141–35.148 [Reserved] toric property is not required because of shall be deemed to comply with the require- Subpart D—Program Accessibility paragraph (a)(2) or (a)(3) of this section, al- ments of this section with respect to those ternative methods of achieving program ac- facilities, except that the elevator exemp- § 35.149 Discrimination prohibited. cessibility include— tion contained at 4.1.3(5) and 4.1.6(1(j) of Except as otherwise provided in § 35.150, no (i) Using audio-visual materials and de- ADAAG shall not apply. Departures from qualified individual with a disability shall, vices to depict those portions of an historic particular requirements of either standard because a public entity’s facilities are inac- property that cannot otherwise be made ac- by the use of other methods shall be per- cessible to or unusable by individuals with cessible; mitted when it is clearly evident that equiv- disabilities, be excluded from participation (ii) Assigning persons to guide individuals alent access to the facility or part of the fa- in, or be denied the benefits of the public with disabilities into or through portions of cility is thereby provided. services, programs, or activities of a public historic properties that cannot otherwise be (d) Alterations: Historic properties. (1) Alter- entity, or be subjected to discrimination by made accessible; or ations to historic properties shall comply, to any public entity. (iii) Adopting other innovative methods. the maximum extent feasible, with section § 35.150 Existing facilities. (c) Time period for compliance. Where struc- 4.1.7 of UFAS or section 4.1.7 of ADAAG. (2) If it is not feasible to provide physical (a) General. A public entity shall operate tural changes in facilities are undertaken to access to an historic property in a manner each public service, program, or activity so comply with the obligations established that will not threaten or destroy the historic that the public service, program, or activity, under this section, such changes shall be significance of the building or facility, alter- when viewed in its entirety, is readily acces- made by within three years of January 1, native methods of access shall be provided sible to and usable by individuals with dis- 1997, but in any event as expeditiously as pursuant to the requirements of § 35.150. abilities. This paragraph does not— possible. (e) Curb ramps. (1) Newly constructed or al- (1) Necessarily require a public entity to (d) Transition plan. (1) In the event that tered streets, roads, and highways must con- make each of its existing facilities accessible structural changes to facilities will be un- tain curb ramps or other sloped areas at any to and usable by individuals with disabil- dertaken to achieve program accessibility, a intersection having curbs or other barriers ities; public entity that employs 50 or more per- to entry from a street level pedestrian walk- (2) Require a public entity to take any ac- sons shall develop, within six months of Jan- way. tion that would threaten or destroy the his- uary 1, 1997, a transition plan setting forth the steps necessary to complete such (2) Newly constructed or altered street toric significance of an historic property; or level pedestrian walkways must contain curb (3) Require a public entity to take any ac- changes. A public entity shall provide an op- portunity to interested persons, including in- ramps or other sloped areas at intersections tion that it can demonstrate would result in to streets, roads, or highways. a fundamental alteration in the nature of a dividuals with disabilities or organizations §§ 35.152—35.159 [Reserved] public service, program, or activity or in representing individuals with disabilities, to undue financial and administrative burdens. participate in the development of the transi- Subpart E—Communications In those circumstances where personnel of tion plan by submitting comments. A copy of § 35.160 General. the public entity believe that the proposed the transition plan shall be made available (a) A public entity shall take appropriate action would fundamentally alter the public for public inspection. steps to ensure that communications with service, program, or activity or would result (2) If a public entity has responsibility or applicants, participants, and members of the in undue financial and administrative bur- authority over streets, roads, or walkways, public with disabilities are as effective as dens, a public entity has the burden of prov- its transition plan shall include a schedule communications with others. ing that compliance with § 35.150(a) of this for providing curb ramps or other sloped (b)(1) A public entity shall furnish appro- part would result in such alteration or bur- areas where pedestrian walks cross curbs, priate auxiliary aids and services where nec- dens. The decision that compliance would re- giving priority to walkways serving entities essary to afford an individual with a disabil- sult in such alteration or burdens must be covered by the CAA, including covered of- ity an equal opportunity to participate in, made by the head of a public entity or his or fices and facilities, transportation, places of and enjoy the benefits of, a public service, her designee after considering all resources public accommodation, and employers, fol- program, or activity conducted by a public available for use in the funding and oper- lowed by walkways serving other areas. entity. ation of the service, program, or activity, (3) The plan shall, at a minimum— (2) In determining what type of auxiliary and must be accompanied by a written state- (i) Identify physical obstacles in the public aid and service is necessary, a public entity ment of the reasons for reaching that conclu- entity’s facilities that limit the accessibility shall give primary consideration to the re- sion. If an action would result in such an al- of its public programs or activities to indi- quests of the individual with disabilities. teration or such burdens, a public entity viduals with disabilities; § 35.161 Telecommunications devices for the shall take any other action that would not (ii) Describe in detail the methods that deaf (TDD’s). will be used to make the facilities accessible; result in such an alteration or such burdens Where a public entity communicates by (iii) Specify the schedule for taking the but would nevertheless ensure that individ- telephone with applicants and beneficiaries, steps necessary to achieve compliance with uals with disabilities receive the public bene- TDD’s or equally effective telecommuni- this section and, if the time period of the fits or services provided by the public entity. cation systems shall be used to communicate transition plan is longer than one year, iden- (b) Methods—(1) General. A public entity with individuals with impaired hearing or tify steps that will be taken during each may comply with the requirements of this speech. section through such means as redesign of year of the transition period; and (iv) Indicate the official responsible for im- § 36.162 Telephone emergency services. equipment, reassignment of services to ac- plementation of the plan. Telephone emergency services, including cessible buildings, assignment of aides to 911 services, shall provide direct access to in- beneficiaries, home visits, delivery of serv- § 35.151 New construction and alterations. dividuals who use TDD’s and computer ices at alternate accessible sites, alteration (a) Design and construction. Each facility or modems. of existing facilities and construction of new part of a facility constructed by, on behalf facilities, use of accessible rolling stock or of, or for the use of a public entity shall be § 35.163 Information and signage. other conveyances, or any other methods designed and constructed in such manner (a) A public entity shall ensure that inter- that result in making its public services, that the facility or part of the facility is ested persons, including persons with im- programs, or activities readily accessible to readily accessible to and usable by individ- paired vision or hearing, can obtain informa- and usable by individuals with disabilities. A uals with disabilities, if the construction was tion as to the existence and location of ac- public entity is not required to make struc- commenced after January 1, 1997. cessible public services, activities, and facili- tural changes in existing facilities where (b) Alteration. Each facility or part of a fa- ties. other methods are effective in achieving cility altered by, on behalf of, or for the use (b) A public entity shall provide signage at compliance with this section. A public en- of a public entity in a manner that affects or all inaccessible entrances to each of its pub- tity, in making alterations to existing build- could affect the usability of the facility or lic facilities, directing users to an accessible ings, shall meet the accessibility require- part of the facility shall, to the maximum entrance or to a location at which they can ments of § 35.151. In choosing among avail- extent feasible, be altered in such manner obtain information about accessible public able methods for meeting the requirements that the altered portion of the facility is facilities. The international symbol for ac- of this section, a public entity shall give pri- readily accessible to and usable by individ- cessibility shall be used at each accessible ority to those methods that offer public serv- uals with disabilities, if the alteration was entrance of a public facility. ices, programs, and activities to qualified in- commenced after January 1, 1997. § 35.164 Duties. dividuals with disabilities in the most inte- (c) Accessibility standards. Design, construc- This subpart does not require a public en- grated setting appropriate. tion, or alteration of facilities in conform- tity to take any action that it can dem- (2) Historic preservation programs. In meet- ance with the Uniform Federal Accessibility onstrate would result in a fundamental al- ing the requirements of § 35.150(a) in historic Standards (UFAS) (Appendix B to Part 36 of teration in the nature of a public service, preservation programs, a public entity shall these regulations) or with the Americans program, or activity or in undue financial give priority to methods that provide phys- with Disabilities Act Accessibility Guide- and administrative burdens. In those cir- ical access to individuals with disabilities. In lines for Buildings and Facilities (ADAAG) cumstances where personnel of the public en- cases where a physical alteration to an his- (Appendix A to Part 36 of these regulations) tity believe that the proposed action would

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H111 fundamentally alter the public service, pro- ity Act of 1995 (2 U.S.C. 1331 et seq.) which, syndrome, emotional or mental illness, and gram, or activity or would result in undue fi- inter alia, applies the rights and protections specific learning disabilities; nancial and administrative burdens, a public of sections of title III of the Americans with (iii) The phrase physical or mental impair- entity has the burden of proving that com- Disabilities Act of 1990 (42 U.S.C. 12181), ment includes, but is not limited to, such pliance with this subpart would result in which prohibits discrimination on the basis contagious and noncontagious diseases and such alteration or burdens. The decision that of disability by public accommodations and conditions as orthopedic, visual, speech, and compliance would result in such alteration requires places of public accommodation to hearing impairments, cerebral palsy, epi- or burdens must be made by the head of the be designed, constructed, and altered in com- lepsy, muscular dystrophy, multiple sclero- public entity or his or her designee after con- pliance with the accessibility standards es- sis, cancer, heart disease, diabetes, mental sidering all resources available for use in the tablished by this part. retardation, emotional illness, specific learn- funding and operation of the public service, § 36.102 Application. ing disabilities, HIV disease (whether symp- tomatic or asymptomatic), tuberculosis, program, or activity and must be accom- (a) General. This part applies to any— panied by a written statement of the reasons (1) Public accommodation; or drug addiction, and alcoholism; (iv) The phrase physical or mental impair- for reaching that conclusion. If an action re- (2) covered entity that offers examinations ment does not include homosexuality or bi- quired to comply with this subpart would re- or courses related to applications, licensing, sexuality. sult in such an alteration or such burdens, a certification, or credentialing for secondary (2) The phrase major life activities means public entity shall take any other action or postsecondary education, professional, or functions such as caring for one’s self, per- that would not result in such an alteration trade purposes. forming manual tasks, walking, seeing, hear- or such burdens but would nevertheless en- (b) Public accommodations. (1) The require- ing, speaking, breathing, learning, and work- sure that, to the maximum extent possible, ments of this part applicable to public ac- ing. individuals with disabilities receive the pub- commodations are set forth in subparts B, C, lic benefits or services provided by the public (3) The phrase has a record of such an im- and D of this part. pairment means has a history of, or has been entity. (2) The requirements of subparts B and C of misclassified as having, a mental or physical this part obligate a public accommodation §§ 35.165—35.169 [Reserved] impairment that substantially limits one or §§ 35.170—35.999 [Reserved] only with respect to the operations of a place more major life activities. PART 36—NONDISCRIMINATION ON THE BASIS OF of public accommodation. (4) The phrase is regarded as having an im- (3) The requirements of subpart D of this DISABILITY BY PUBLIC ACCOMMODATIONS pairment means— part obligate a public accommodation only Subpart A—General (i) Has a physical or mental impairment with respect to a facility used as, or designed Sec. that does not substantially limit major life or constructed for use as, a place of public activities but that is treated by a covered 36.101 Purpose. accommodation. 36.102 Application. entity as constituting such a limitation; (c) Examinations and courses. The require- (ii) Has a physical or mental impairment 36.103 Relationship to other laws. ments of this part applicable to covered enti- 36.104 Definitions. that substantially limits major life activi- ties that offer examinations or courses as 36.105—36.199 [Reserved] ties only as a result of the attitudes of oth- specified in paragraph (a) of this section are ers toward such impairment; or Subpart B—General Requirements set forth in § 36.309. (iii) Has none of the impairments defined 36.201 General. § 36.103 Relationship to other laws. in paragraph (1) of this definition but is 36.202 Activities. treated by a covered entity as having such 36.203 Integrated settings. (a) Rule of interpretation. Except as other- wise provided in this part, this part shall not an impairment. 36.204 Administrative methods. (5) The term disability does not include— 36.205 Association. be construed to apply a lesser standard than the standards applied under title V of the (i) Tranvestism, transsexualism, 36.206 [Reserved] pedophilia, exhibitionism, voyeurism, gender 36.207 Places of public accommodations lo- Rehabilitation Act of 1973 (29 U.S.C. 791) or identity disorders not resulting from phys- cated in private residences. the regulations issued by Federal agencies ical impairments, or other sexual behavior 36.208 Direct threat. pursuant to that title. disorders; 36.209 Illegal use of drugs. (b) Other laws. This part does not invali- (ii) Compulsive gambling, kleptomania, or 36.210 Smoking date or limit the remedies, rights, and proce- pyromania; or 36.211 Maintenance of accessible features. dures of any other Federal laws otherwise (iii) Psychoactive substance use disorders 36.212 Insurance. applicable to covered entities that provide resulting from current illegal use of drugs. 36.213 Relationship of subpart B to subparts greater or equal protection for the rights of Drugs means a controlled substance, as de- C and D of this part. individuals with disabilities or individuals fined in schedules I through V of section 202 36.214—36.299 [Reserved] associated with them. of the Controlled Substances Act (21 U.S.C. Subpart C—Specific Requirements § 36.104 Definitions. 812). 36.301 Eligibility criteria. For purposes of this part, the term— Facility means all or any portion of build- 36.302 Modifications in policies, practices, Act or CAA means the Congressional Ac- ings, structures, sites, complexes, equip- or procedures. countability Act of 1995 (Pub. L. 104–1, 109 ment, rolling stock or other conveyances, 36.303 Auxiliary aids and services. Stat. 3, 2 U.S.C. §§ 1301–1438). roads, walks, passageways, parking lots, or 36.304 Removal of barriers. ADA means the Americans with Disabil- other real or personal property, including 36.305 Alternatives to barrier removal. ities Act of 1990 (Pub. L. 101–336, 104 Stat. 327, the site where the building, property, struc- 36.306 Personal devices and services. 42 U.S.C. 12101–12213 and 47 U.S.C. 225 and ture, or equipment is located. 36.307 Accessible or special goods. 611), as applied to covered entities by section Illegal use of drugs means the use of one or 36.308 Seating in assembly areas. 210 of the CAA. more drugs, the possession or distribution of 36.309 Examinations and courses. Covered entity means any entity listed in which is unlawful under the Controlled Sub- 36.310 Transportation provided by public ac- section 210(a) of the CAA insofar as it oper- stances Act (21 U.S.C. 812). The term ‘‘illegal commodations. ates a place of public accommodation. use of drugs’’ does not include the use of a 36.311—36.399 [Reserved] Current illegal use of drugs means illegal use drug take under supervision by a licensed Subpart D—New Construction and of drugs that occurred recently enough to health care professional, or other uses au- Alterations justify a reasonable belief that a person’s thorized by the Controlled Substances Act or 36.401 New construction. drug use is current or that continuing use is other provisions of Federal law. 36.402 Alterations. a real and ongoing problem. Individual with a disability means a person 36.403 Alterations: Path of travel. Disability means, with respect to an indi- who has a disability. The term ‘‘individual 36.404 Alterations: Elevator exemption. vidual, a physical or mental impairment with a disability’’ does not include an indi- 36.405 Alterations: Historic preservation. that substantially limits one or more of the vidual who is currently engaging in the ille- 36.406 Standards for new construction and major life activities of such individual; a gal use of drugs, when the covered entity alterations. record of such an impairment; or being re- acts on the basis of such use. 36.407 Temporary suspension of certain de- garded as having such an impairment. Place of public accommodation means a facil- tectable warning requirements. (1) The phrase physical or mental impairment ity, operated by a covered entity, whose op- 36.408—36.499 [Reserved] means— erations fall within at least one of the fol- 36.501—36.608 [Reserved] (i) Any physiological disorder or condition, lowing categories— Appendix A to Part 36—Standards for Acces- cosmetic disfigurement, or anatomical loss (1) An inn, hotel, motel, or other place of sible Design affecting one or more of the following body lodging, except for an establishment located Appendix B to Part 36—Uniform Federal Ac- systems: neurological; musculoskeletal; spe- within a building that contains not more cessibility Standards cial sense organs; respiratory, including than five rooms for rent or hire and that is speech organs; cardiovascular; reproductive; actually occupied by the proprietor of the es- Subpart A—General digestive; genitourinary; hemic and lym- tablishment as the residence of the propri- § 36.101 Purpose. phatic; skin; and endocrine; etor; The purpose of this part is to implement (ii) Any mental or psychological disorder (2) A restaurant, bar, or other establish- section 210 of the Congressional Accountabil- such as mental retardation, organic brain ment serving food or drink;

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H112 CONGRESSIONAL RECORD — HOUSE January 9, 1997 (3) A motion picture house, theater, con- do work or perform tasks for the benefit of section, the term ‘‘individual or class of indi- cert hall, stadium, or other place of exhi- an individual with a disability, including, viduals’’ refers to the clients or customers of bition or entertainment; but not limited to, guiding individuals with the public accommodation that enter into (4) An auditorium, convention center, lec- impaired vision, alerting individuals with the contractual, licensing, or other arrange- ture hall, or other place of public gathering; impaired hearing to intruders or sounds, pro- ment. (5) A bakery, grocery store, clothing store, viding minimal protection or rescue work, § 36.203 Integrated settings. hardware store, shopping center, or other pulling a wheelchair, or fetching dropped (a) General. A public accommodation shall sales or rental establishment; items. afford goods, services, facilities, privileges, (6) A laundromat, dry-cleaner, bank, bar- Specified public transportation means trans- advantages, and accommodations to an indi- ber shop, beauty shop, travel service, shoe portation by bus, rail, or any other convey- vidual with a disability in the most inte- repair service, funeral parlor, gas station, of- ance (other than by aircraft) that provides grated setting appropriate to the needs of fice of an accountant or lawyer, pharmacy, the general public with general or special the individual. insurance office, professional office of a service (including charter service) on a regu- (b) Opportunity to participate. Notwith- health care provider, hospital, or other serv- lar and continuing basis. standing the existence of separate or dif- ice establishment; Undue burden means significant difficulty (7) A terminal, depot, or other station used or expense. In determining whether an ac- ferent programs or activities provided in ac- for specified public transportation; tion would result in an undue burden, factors cordance with this subpart, a public accom- (8) A museum, library, gallery, or other to be considered include— modation shall not deny an individual with a place of public display or collection; (1) The nature and cost of the action need- disability an opportunity to participate in (9) A park, zoo, amusement park, or other ed under this part; such programs or activities that are not sep- place of recreation; (2) The overall financial resources of the arate or different. (10) A nursery, elementary, secondary, un- site or sites involved in the action; the num- (c) Accommodations and services. (1) Nothing dergraduate, or postgraduate covered school, ber of persons employed at the site; the ef- in this part shall be construed to require an or other place of education; fect on expenses and resources; legitimate individual with a disability to accept an ac- (11) A day care center, senior citizen cen- safety requirements that are necessary for commodation, aid, service, opportunity, or ter, homeless shelter, food bank, adoption safe operations, including crime prevention benefit available under this part that such agency, or other social service center estab- measures; or the impact otherwise of the ac- individual chooses not to accept. lishment; and tion upon the operation of the site; (2) Nothing in the CAA or this part author- (12) A gymnasium, health spa, bowling (3) The geographic separateness, and the izes the representative or guardian of an in- alley, golf course, or other place of exercise administrative of fiscal relationship of the dividual with a disability to decline food, or recreation. site or sites in question to any parent entity; water, medical treatment, or medical serv- Public accommodation means a covered en- (4) If applicable, the overall financial re- ices for that individual. tity that operates a place of public accom- sources of any parent entity; the overall size §36.204 Administrative methods. modation. of the parent entity with respect to the num- A public accommodation shall not, di- Public entity means any of the following en- ber of its employees; the number, type, and rectly or through contractual or other ar- tities that provides public services, pro- location of its facilities; and rangements, utilize standards or criteria or grams, or activities: (5) If applicable, the type of operation or methods of administration that have the ef- (1) each office of the Senate, including operations of any parent entity, including fect of discriminating on the basis of disabil- each office of a Senator and (2) each commit- the composition, structure, and functions of ity, or that perpetuate the discrimination of tee; the workforce of the parent entity. others who are subject to common adminis- (2) each office of the House of Representa- Subpart B—General Requirements trative control. tives, including each office of a Member of § 36.201 General. § 36.205 Association. the House of Representatives and each com- No individual shall be discriminated mittee; A public accommodation shall not exclude against on the basis of disability in the full (3) each joint committee of the Congress; or otherwise deny equal goods, services, fa- and equal employment of the goods, services, (4) the Capitol Guide Service; cilities, privileges, advantages, accommoda- facilities, privileges, advantages, or accom- (5) the Capitol Police; tions, or other opportunities to an individual modations of any place of public accommo- (6) the Congressional Budget Office; or entity because of the known disability of (7) the Office of the Architect of the Cap- dation by any covered entity who operates a an individual with whom the individual or itol (including the Senate Restaurants and place of public accommodation. entity is known to have a relationship or as- the Botanic Garden); § 36.202 Activities. sociation. (8) the Office of the Attending Physician; (a) Denial of participation. A public accom- § 36.206 [Reserved] and modation shall not subject an individual or § 36.207 Places of public accommodation lo- (9) the Office of Compliance. class of individuals on the basis of a disabil- cated in private residences. Qualified interpreter means an interpreter ity or disabilities of such individual or class, (a) When a place of public accommodation who is able to interpret effectively, accu- directly, or through contractual, licensing, is located in a private residence, the portion rately and impartially both receptively and or other arrangements, to a denial of the op- of the residence used exclusively as a resi- expressively, using any necessary specialized portunity of the individual or class to par- dence is not covered by this part, but that vocabulary. ticipate in or benefit from the goods, serv- portion used exclusively in the operation of Readily achievable means easily accom- ices, facilities, privileges, advantages, or ac- the place of public accommodation or that plishable and able to be carried out without commodations of a place of public accommo- portion used both for the place of public ac- much difficulty or expense. In determining dation. commodation and for residential purposes is (b) Participation in unequal benefit. A public whether an action is readily achievable fac- covered by this part. tors to be considered include— accommodation shall not afford an individ- (b) The portion of the residence covered (1) The nature and cost of the action need- ual or class of individuals, on the basis of a under paragraph (a) of this section extends ed under this part; disability or disabilities of such individual or to those elements used to enter the place of (2) The overall financial resources of the class, directly, or through contractual, li- public accommodation, including the home- site or sites involved in the action; the num- censing, or other arrangements, with the op- owner’s front sidewalk, if any, the door or ber of persons employed at the site; the ef- portunity to participate in or benefit from a entryway, and hallways; and those portions fect on expenses and resources; legitimate good, service, facility, privilege, advantage, of the residence, interior or exterior, avail- safety requirements that are necessary for or accommodation that is not equal to that able to or used by customers or clients, in- safe operation, including crime prevention afforded to other individuals. cluding restrooms. measures; or the impact otherwise of the ac- (c) Separate benefit. A public accommoda- tion upon the operation of the site; tion shall not provide an individual or class § 36.208 Direct threat. (3) The geographic separateness, and the of individuals, on the basis of a disability or (a) This part does not require a public ac- administrative or fiscal relationship of the disabilities of such individual or class, di- commodation to permit an individual to par- site or sites in question to any parent entity; rectly, or through contractual, licensing, or ticipate in or benefit from the goods, serv- (4) If applicable, the overall financial re- other arrangements with a good, service, fa- ices, facilities, privileges, advantages and ac- sources of any parent entity; the overall size cility, privilege, advantage, or accommoda- commodations of that public accommodation of the parent entity with respect to the num- tion that is different or separate from that when that individual poses a direct threat to ber of its employees; the number, type, and provided to other individuals, unless such ac- the health or safety of others. location of its facilities; and tion is necessary to provide the individual or (b) Direct threat means a significant risk to (5) If applicable, the type of operation or class of individuals with a good, service, fa- the health or safety of others that cannot be operations of any parent entity, including cility, privilege, advantage, or accommoda- eliminated by a modification of policies, the composition, structure, and functions of tion, or other opportunity that is as effective practices, or procedures, or by the provision the workforce of the parent entity. as that provided to others. of auxiliary aids or services. Service animal means any guide dog, signal (d) Individual or class of individuals. For (c) In determining whether an individual dog, or other animal individually trained to purposes of paragraphs (a) through (c) of this poses a direct threat to the health or safety

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H113 of others, a public accommodation must (c) A public accommodation shall not (c) Service animals—(1) General. Generally, a make an individualized assessment, based on refuse to serve an individual with a disabil- public accommodation shall modify policies, reasonable judgment that relies on current ity because its insurance company condi- practices, or procedures to permit the use of medical knowledge or on the best available tions coverage or rates on the absence of in- a service animal by an individual with a dis- objective evidence, to ascertain: the nature, dividuals with disabilities. ability. duration, and severity of the risk; the prob- § 36.213 Relationship of subpart B to subparts (2) Care or supervision of service animals. ability that the potential injury will actu- C and D of this part. Nothing in this part requires a public accom- ally occur; and whether reasonable modifica- Subpart B of this part sets forth the gen- modation to supervise or care for a service tions of policies, practices, or procedures eral principles of nondiscrimination applica- animal. will mitigate the risk. ble to all entities subject to this part. Sub- (d) Check-out aisles. A store with check-out § 36.209 Illegal use of drugs. parts C and D of this part provide guidance aisles shall ensure that an adequate number (a) General. (1) Except as provided in para- on the application of the statute to specific of accessible check-out aisles is kept open graph (b) of this section, this part does not situations. The specific provisions, including during store hours, or shall otherwise modify prohibit discrimination against an individ- the limitations on those provisions, control its policies and practices, in order to ensure ual based on that individual’s current illegal over the general provisions in circumstances that an equivalent level of convenient serv- use of drugs. where both specific and general provisions ice is provided to individuals with disabil- (2) A public accommodation shall not dis- apply. ities as is provided to others. If only one criminate on the basis of illegal use of drugs §36.214—36.299 [Reserved] check-out aisle is accessible, and it is gen- erally used for express service, one way of against an individual who is not engaging in Subpart C—Specific Requirements providing equivalent service is to allow per- current illegal use of drugs and who— § 36.301 Eligibility criteria. (i) Has successfully completed a supervised sons with mobility impairments to make all drug rehabilitation program or has otherwise (a) General. A public accommodation shall their purchases at that aisle. not impose or apply eligibility criteria that been rehabilitated successfully; § 36.303 Auxiliary aids and services. (ii) Is participating in a supervised reha- screen out or tend to screen out an individ- ual with a disability or any class of individ- (a) General. A public accommodation shall bilitation program; or take those steps that may be necessary to (iii) Is erroneously regarded as engaging in uals with disabilities from fully and equally enjoying any goods, services, facilities, privi- ensure that no individual with a disability is such use. excluded, denied services, segregated or oth- (b) Health and drug rehabilitation services. leges, advantages, or accommodations, un- erwise treated differently than other individ- (1) A public accommodation shall not deny less such criteria can be shown to be nec- uals because of the absence of auxiliary aids health services, or services provided in con- essary for the provision of the goods, serv- and services, unless the public accommoda- nection with drug rehabilitation, to an indi- ices, facilities, privileges, advantages, or ac- tion can demonstrate that taking those steps vidual on the basis of that individual’s cur- commodations being offered. would fundamentally alter the nature of the rent illegal use of drugs, if the individual is (b) Safety. A public accommodation may goods, services, facilities, privileges, advan- otherwise entitled to such services. impose legitimate safety requirements that (2) A drug rehabilitation or treatment pro- are necessary for safe operation. Safety re- tages, or accommodations being offered or gram may deny participation to individuals quirements must be based on actual risks would result in an undue burden, i.e., signifi- who engage in illegal use of drugs while they and not on mere speculation, stereotypes, or cant difficulty or expense. are in the program. generalizations about individuals with dis- (b) Examples. The term ‘‘auxiliary aids and (c) Drug testing. (1) This part does not pro- abilities. service’’ includes— hibit a public accommodation from adopting (c) Charges. A public accommodation may (1) Qualified interpreters, notetakers, com- or administering reasonable policies or pro- not impose a surcharge on a particular indi- puter-aided transcription services, written cedures, including but not limited to drug vidual with a disability or any group of indi- materials, telephone handset amplifiers, testing, designed to ensure that an individ- viduals with disabilities to cover the costs of assistive listening devices, assistive listen- ual who formerly engaged in the illegal use measures, such as the provision of auxiliary ing systems, telephones compatible with of drugs is not now engaging in current ille- aids, barrier removal, alternatives to barrier hearing aids, closed caption decoders, open removal, and reasonable modifications in gal use of drugs. and closed captioning, telecommunications (2) Nothing in this paragraph (c) shall be policies, practices, or procedures, that are devices for deaf persons (TDD’s), videotext construed to encourage, prohibit, restrict, or required to provide that individual or group displays, or other effective methods of mak- authorize the conducting of testing for the with the nondiscriminatory treatment re- ing aurally delivered materials available to illegal use of drugs. quired by the CAA or this part. individuals with hearing impairments; (2) Qualified readers, taped texts, audio re- § 36.210 Smoking. § 36.302 Modifications in policies, practices, or procedures. cordings, Brailled materials, large print ma- This part does not preclude the prohibition terials, or other effective methods of making of, or the imposition of restrictions on, (a) General. A public accommodation shall make reasonable modifications in policies, visually delivered materials available to in- smoking in places of public accommodation. practices, or procedures, when the modifica- dividuals with visual impairments. § 36.211 Maintenance of accessible features. tions are necessary to afford goods, services, (3) Acquisition or modification of equip- (a) A public accommodation shall maintain facilities, privileges, advantages, or accom- ment or devices; and in operable working condition those features modations to individuals with disabilities, (4) Other similar services and actions. of facilities and equipment that are required unless the public accommodation can dem- (c) Effective communication. A public accom- to be readily accessible to and usable by per- onstrate that making the modifications modation shall furnish appropriate auxiliary sons with disabilities by the CAA or this would fundamentally alter the nature of the aids and services where necessary to ensure part. goods, services, facilities, privileges, advan- effective communication with individuals (b) This section does not prohibit isolated tages, or accommodations. with disabilities. or temporary interruptions in service or ac- (b) Specialties—(1) General. A public accom- (d) Telecommunication devices for the deaf cess due to maintenance or repairs. modation may refer an individual with a dis- (TDD’s). (1) A public accommodation that of- § 36.212 Insurance. ability to another public accommodation, if fers a customer, client, patient, or partici- (a) This part shall not be construed to pro- that individual is seeking, or requires, treat- pant the opportunity to make outgoing tele- hibit or restrict— ment or services outside of the referring pub- phone calls on more than an incidental con- (1) A covered entity that administers bene- lic accommodation’s area of specialization, venience basis shall make available, upon re- fit plans from underwriting risks, classifying and if, in the normal course of its operations, quest, a TDD for the use of an individual who risks, or administering such risks that are the referring public accommodation would has impaired hearing or a communication based on or not inconsistent with applicable make a similar referral for an individual disorder. law; or without a disability who seeks or requires (2) This part does not require a public ac- (2) A person or organization covered by the same treatment or services. commodation to use a TDD for receiving or this part from establishing, sponsoring, ob- (2) Illustration—medical specialties. A health making telephone calls incident to its oper- serving or administering the terms of a bona care provider may refer an individual with a ations. fide benefit plan that are based on under- disability to another provider, if that indi- (f) Alternatives. If provision of a particular writing risks, classifying risks, or admin- vidual is seeking, or requires, treatment or auxiliary aid or service by a public accom- istering such risks that are based on or not services outside of the referring provider’s modation would result in a fundamental al- inconsistent with applicable law; or area of specialization, and if the referring teration in the nature of the goods, services, (3) A person or organization covered by provider would make a similar referral for facilities, privileges, advantages, or accom- this part from establishing, sponsoring, ob- an individual without a disability who seeks modations being offered or in an undue bur- serving or administering the terms of a bona or requires the same treatment or services. den, i.e., significant difficulty or expense, fide benefit plan that is not subject to appli- A physician who specializes in treating only the public accommodation shall provide an cable laws that regulate insurance. a particular condition cannot refuse to treat alternative auxiliary aid or service, if one (b) Paragraphs (a)(1), (2), and (3) of this sec- an individual with a disability for that con- exists, that would not result in such an al- tion shall not be used as a subterfuge to dition, but is not required to treat the indi- teration or such burden but would neverthe- evade the purposes of the CAA or this part. vidual for a different condition. less ensure that, to the maximum extent

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H114 CONGRESSIONAL RECORD — HOUSE January 9, 1997 possible, individuals with disabilities receive taken to comply with the barrier removal re- (b) A public accommodation shall order ac- the goods, services, facilities, privileges, ad- quirements of this section shall comply with cessible or special goods at the request of an vantages, or accommodations offered by the the applicable requirements for alterations individual with disabilities, if, in the normal public accommodation. in § 36.402 and §§ 36.404–36.406 of this part for course of its operation, it makes special or- § 36.304 Removal of barriers. the element being altered. The path of travel ders on request for unstocked good, and if requirements of § 36.403 shall not apply to the accessible or special goods can be ob- (a) General. A public accommodation shall measures taken solely to comply with the tained from a supplier with whom the public remove architectural barriers in existing fa- barrier removal requirements of this section. accommodation customarily does business. cilities, including communication barriers (2) If, as a result of compliance with the al- (c) Examples of accessible or special goods that are structural in nature, where such re- terations requirements specified in para- include items such as Brailled versions of moval is readily achievable, i.e., easily ac- graph (d)(l) of this section, the measures re- books, books on audio cassettes, closed-cap- complishable and able to be carried out with- quired to remove a barrier would not be tioned video tapes, special sizes or lines of out much difficulty or expense. readily achievable, a public accommodation clothing, and special foods to meet particu- (b) Examples. Examples of steps to remove may take other readily achievable measures lar dietary needs. barriers include, but are not limited to, the to remove the barrier that do not fully com- § 36.308 Seating in assembly areas. following actions— ply with the specified requirements. Such (1) Installing ramps; (a) Existing facilities. (1) To the extent that measures include, for example, providing a (2) Making curb cuts in sidewalks and en- is readily achievable, a public accommoda- ramp with a steeper slope or widening a trances; tion in assembly areas shall— doorway to a narrower width than that man- (i) Provide a reasonable number of wheel- (3) Repositioning shelves; dated by the alterations requirements. No chair seating spaces and seats with remov- (4) Rearranging tables, chairs, vending ma- measure shall be taken, however, that poses able aisle-side arm rests; and chines, display racks, and other furniture; a significant risk to the health or safety of (ii) Locate the wheelchair seating spaces (5) Repositioning telephones; individuals with disabilities or others. so that they— (6) Adding raised markings on elevator (e) Portable ramps. Portable ramps should (A) Are dispersed throughout the seating control buttons; be used to comply with this section only area; (7) Installing flashing alarm lights; when installation of a permanent ramp is (B) Provide lines of sight and choice of ad- (8) Widening doors; not readily achievable. In order to avoid any mission prices comparable to those for mem- (9) Installing offset hinges to widen door- significant risk to the health or safety of in- bers of the general public; ways; dividuals with disabilities or others in using (C) Adjoin an accessible route that also (10) Eliminating a turnstile or providing an portable ramps, due consideration shall be serves as a means of egress in case of emer- alternative accessible path; given to safety features such as nonslip sur- gency; and (11) Installing accessible door hardware; (D) Permit individuals who use wheelchairs faces, railing, anchoring, and strength of ma- (12) Installing grab bars in toilet stalls; to sit with family members or other compan- terials. (13) Rearranging toilet partitions to in- (f) Selling or serving space. The rearrange- ions. crease maneuvering space; (2) If removal of seats is not readily achiev- ment of temporary or movable structures, (14) Insulating lavatory pipes under sinks able, a public accommodation shall provide, such as furniture, equipment, and display to prevent burns; to the extent that it is readily achievable to racks is not readily achievable to the extent (15) Installing a raised toilet seat; do so, a portable chair or other means to per- that it results in a significant loss of selling (16) Installing a full-length bathroom mir- mit a family member or other companion to or serving space. ror; sit with an individual who uses a wheelchair. (g) Limitation on barrier removal obligations. (3) The requirements of paragraph (a) of (17) Repositioning the paper towel dis- (1) The requirements for barrier removal penser in a bathroom; this section shall not be interpreted to ex- under § 36.304 shall not be interpreted to ex- ceed the standards for alterations in subpart (18) Creating designated accessible parking ceed the standards for alterations in subpart spaces; D of this part. D of this part. (b) New construction and alterations. The (19) Installing an accessible paper cup dis- (2) To the extent that relevant standards penser at an existing inaccessible water provision and location of wheelchair seating for alterations are not provided in subpart D spaces in newly constructed or altered as- fountain; of this part, then the requirements of § 36.304 (20) Removing high pile, low density car- sembly areas shall be governed by the stand- shall not be interpreted to exceed the stand- ards for new construction and alterations in peting; or ards for new construction in subpart D of (21) Installing vehicle hand controls. subpart D of this part. this part. § 36.309 Examinations and courses. (c) Priorities. A public accommodation is (3) This section does not apply to rolling urged to take measures to comply with the stock and other conveyances to the extent (a) General. Any covered entity that offers barrier removal requirements of this section that 36.310 applies to rolling stock and other examinations or courses related to applica- in accordance with the following order of pri- conveyances. tions, licensing, certification, or credential- ing for secondary or postsecondary edu- orities. § 36.305 Alternatives to barrier removal. (1) First, a public accommodation should cation, professional, or trade purposes shall take measures to provide access to a place of (a) General. Where a public accommodation offer such examinations or courses in a place public accommodation from public side- can demonstrate that barrier removal is not and manner accessible to persons with dis- walks, parking, or public transportation. readily achievable, the public accommoda- abilities or offer alternative accessible ar- These measures include, for example, install- tion shall not fail to make its goods, serv- rangements for such individuals. ing an entrance ramp, widening entrances, ices, facilities, privileges, advantages, or ac- (b) Examinations. (1) Any covered entity of- and providing accessible parking spaces. commodations available through alternative fering an examination covered by this sec- (2) Second, a public accommodation should methods, if those methods are readily tion must assure that— take measures to provide access to those achievable. (i) The examination is selected and admin- (b) Examples. Examples of alternatives to areas of a place of public accommodation istered so as to best ensure that, when the barrier removal include, but are not limited examination is administered to an individual where goods and services are made available to, the following actions— with a disability that impairs sensory, man- to the public. These measures include, for ex- (1) Providing curb service or home deliv- ual, or speaking skills, the examination re- ample, adjusting the layout of display racks, ery. sults accurately reflect the individual’s apti- rearranging tables, providing Brailled and (2) Retrieving merchandise from inacces- tude or achievement level or whatever other raised character signage, widening doors, sible shelves or racks; factor the examination purports to measure, providing visual alarms, and installing (3) Relocating activities to accessible loca- rather than reflecting the individual’s im- ramps. tions. paired sensory, manual, or speaking skills (3) Third, a public accommodation should § 36.306 Personal devices and services. (except where those skills are the factors take measures to provide access to restroom that the examination purports to measure); facilities. These measures include, for exam- This part does not require a public accom- modation to provide its customers, clients, (ii) An examination that is designed for in- ple, removal of obstructing furniture or dividuals with impaired sensory, manual, or vending machines, widening of doors, instal- or participants with personal devices, such as wheelchairs; individually prescribed de- speaking skills is offered at equally conven- lation of ramps, providing accessible ient locations, as often, and in as timely a signage, widening of toilet stalls, and instal- vices, such as prescription eyeglasses or hearing aids; or services of a personal nature manner as are other examinations; and lation of grab bars. (iii) The examination is administered in fa- including assistance in eating, toileting, or (4) Fourth, a public accommodation should cilities that are accessible to individuals dressing. take any other measures necessary to pro- with disabilities or alternative accessible ar- vide access to the goods, services, facilities, § 36.307 Accessible or special goods. rangements are made. privileges, advantages, or accommodations (a) This part does not require a public ac- (2) Required modifications to an examina- of a place of public accommodation. commodation to alter its inventory to in- tion may include changes in the length of (d) Relationship to alterations requirements of clude accessible or special goods that are de- time permitted for completion of the exam- subpart D of this part. (1) Except as provided signed for, or facilitate use by, individuals ination an adaptation of the manner in in paragraph (d)(2) of this section, measures with disabilities. which the examination is given.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H115 (3) A covered entity offering an examina- and rail passenger cars used for transporting (d) Elevator exemption. (1) For purposes of tion covered by this section shall provide ap- individuals (not including barriers that can this paragraph (d)— propriate auxiliary aids for persons with im- only be removed through the retrofitting of Professional office of a health care provider paired sensory, manual, or speaking skills, vehicles or rail passenger cars by the instal- means a location where a person or entity unless that covered entity can demonstrate lation of a hydraulic or other lift) where regulated by a State to provide professional that offering a particular auxiliary aid would such removal is readily achievable. services related to the physical or mental fundamentally alter the measurement of the (c) Requirements for vehicles and systems. A health of an individual makes such services skills or knowledge the examination is in- public accommodation subject to this sec- available to the public. The facility housing tended to test or would result in an undue tion shall comply with the requirements per- the ‘‘professional office of a health care pro- burden. Auxiliary aids and services required taining to vehicles and transportation sys- vider’’ only includes floor levels housing at by this section may include taped examina- tems in the regulations issued by the Board least one health care provider, or any floor tions, interpreters or other effective methods of Directors of the Office of Compliance. level designed or intended for use by at least of making orally delivered materials avail- §§ 36.311–36.400 [Reserved] one health care provider. able to individuals with hearing impair- Subpart D—New Construction and (2) This section does not require the instal- ments, Brailled or large print examinations Alterations lation of an elevator in a facility that is less and answer sheets or qualified readers for in- than three stories or has less than 3000 § 36.401 New construction. dividuals with visual impairments or learn- square feet per story, except with respect to ing disabilities, transcribers for individuals (a) General. (1) Except as provided in para- any facility that houses one or more of the with manual impairments, and other similar graphs (b) and (c) of this section, discrimina- following: services and actions. tion for purposes of this part includes a fail- (i) A professional office of a health care (4) Alternative accessible arrangements ure to design and construct facilities for first provider. may include, for example, provision of an ex- occupancy after July 23, 1997, that are read- (ii) A terminal, depot, or other station amination at an individual’s home with a ily accessible to and usable by individuals used for specified public transportation. In proctor if accessible facilities or equipment with disabilities. such a facility, any area housing passenger are unavailable. Alternative arrangements (2) For purposes of this section, a facility services, including boarding and debarking, must provide comparable conditions to those is designed and constructed for first occu- loading and unloading, baggage claim, dining provided for nondisabled individuals. pancy after July 23, 1997, only— facilities, and other common areas open to (c) Courses. (1) Any covered entity that of- (i) If the last application for a building per- the public, must be on an accessible route fers a course covered by this section must mit or permit extension for the facility is from an accessible entrance. make such modifications to that course as certified to be complete, by an appropriate (3) The elevator exemption set forth in this are necessary to ensure that the place and governmental authority after January 1, 1997 paragraph (d) does not obviate or limit in manner in which the course is given are ac- (or, in those jurisdictions where the govern- any way the obligation to comply with the cessible to individuals with disabilities. ment does not certify completion of applica- other accessibility requirements established (2) Required modifications may include tions, if the last application for a building in paragraph (a) of this section. For example, changes in the length of time permitted for permit or permit extension for the facility is in a facility that houses a professional office the completion of the course, substitution of received by the appropriate governmental of a health care provider, the floors that are specific requirements, or adaptation of the authority after January 1, 1997); and above or below an accessible ground floor manner in which the course is conducted is (ii) If the first certificate of occupancy for and that do not house a professional office of conducted or course materials are distrib- the facility is issued after July 23, 1997. a health care provider, must meet the re- uted. (b) Place of public accommodation located in quirements of this section but for the eleva- (3) A covered entity that offers a course private residences. tor. (1) When a place of public accommodation covered by this section shall provide appro- is located in a private residence, the portion § 36.402 Alterations. priate auxiliary aids and services for persons of the residence used exclusively as a resi- (a) General. (1) Any alteration to a place of with impaired sensory, manual, or speaking dence is not covered by this subpart, but public accommodation, after January 1, 1997, skills, unless that covered entity can dem- that portion used exclusively in the oper- shall be made so as to ensure that, to the onstrate that offering a particular auxiliary ation of the place of public accommodation maximum extent feasible, the altered por- aid or service would fundamentally alter the or that portion used both for the place of tions of the facility are readily accessible to course or would result in an undue burden. public accommodation and for residential and usable by individuals with disabilities, Auxiliary aids and services required by this purposes is covered by the new construction including individuals who use wheelchairs. section may include taped texts, interpreters and alterations requirements of this subpart. (2) An alteration is deemed to be under- or other effective methods of making orally (2) The portion of the residence covered taken after January 1, 1997, if the physical delivered materials available to individuals under paragraph (b)(1) of this section extends alteration of the property begins after that with hearing impairments, Brailled or large to those elements used to enter the place of date. print texts or qualified readers for individ- public accommodation, including the home- (b) Alteration. For the purposes of this part, uals with visual impairments and learning owner’s front sidewalk, if any, the door or an alteration is a change to a place of public disabilities, classroom equipment adapted entryway, and hallways; and those portions accommodation that affects or could affect for use by individuals with manual impair- of the residence, interior or exterior, avail- the usability of the building or facility or ments, and other similar services and ac- able to or used by employees or visitors of any part thereof. tions. the place of public accommodation, includ- (1) Alterations include, but are not limited (4) Courses must be administered in facili- ing restrooms. to, remodeling, renovation, rehabilitation, ties that are accessible to individuals with (c) Exception for structural impracticability. reconstruction, historic restoration, changes disabilities or alternative accessible arrange- (1) Full compliance with the requirements of or rearrangement in structural parts or ele- ments must be made. this section is not required where an entity ments, and changes or rearrangement in the (5) Alternative accessible arrangements can demonstrate that it is structurally im- plan configuration of walls and full-height may include, for example, provision of the practicable to meet the requirements. Full partitions. Normal maintenance, reroofing, course through videotape, cassettes, or pre- compliance will be considered structurally painting or wallpapering, asbestos removal, pared notes. Alternative arrangements must impracticable only in those rare cir- or changes to mechanical and electrical sys- provide comparable conditions to those pro- cumstances when the unique characteristics tems are not alterations unless they affect vided for nondisabled individuals. of terrain prevent the incorporation of acces- the usability of the building or facility. § 36.310 Transportation provided by public ac- sibility features. (2) If existing elements, spaces, or common commodations. (2) If full compliance with this section areas are altered, then each such altered ele- (a) General. (1) A public accommodation would be structurally impracticable, compli- ment, space, or area shall comply with the that provides transportation services, but ance with this section is required to the ex- applicable provisions of appendix A to this that is not primarily engaged in the business tent that it is not structurally impractica- part. of transporting people, is subject to the gen- ble. In that case, any portion of the facility (c) To the maximum extent feasible. The eral and specific provisions in subparts B, C, that can be made accessible shall be made phrase ‘‘to the maximum extent feasible,’’ as and D of this part for its transportation op- accessible to the extent that it is not struc- used in this section, applies to the occasional erations, except as provided in this section. turally impracticable. case where the nature of an existing facility (2) Examples. Transportation services sub- (3) If providing accessibility in conform- makes it virtually impossible to comply ject to this section include, but are not lim- ance with this section to individuals with fully with applicable accessibility standards ited to, shuttle services operated between certain disabilities (e.g., those who use through a planned alteration. In these cir- transportation terminals and places of public wheelchairs) would be structurally imprac- cumstances, the alteration shall provide the accommodation and customer shuttle bus ticable, accessibility shall nonetheless be en- maximum physical accessibility feasible. services operated by covered entities sured to persons with other types of disabil- Any altered features of the facility that can (b) Barrier removal. A public accommoda- ities (e.g., those who use crutches or who be made accessible shall be made accessible. tion subject to this section shall remove have sight, hearing, or mental impairments) If providing accessibility in conformance transportation barriers in existing vehicles in accordance with this section. with this section to individuals with certain

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H116 CONGRESSIONAL RECORD — HOUSE January 9, 1997 disabilities (e.g., those who use wheelchairs) the altered area, for example, the cost of ground floor must be accessible regardless of would not be feasible, the facility shall be widening doorways or installing ramps; whether the altered facility has an elevator. made accessible to persons with other types (ii) Costs associated with making rest- § 36.405 Alterations: Historic preservation. of disabilities (e.g., those who use crutches, rooms accessible, such as installing grab those who have impaired vision or hearing, bars, enlarging toilet stalls, insulating pipes, (a) Alterations to buildings or facilities or those who have other impairments). or installing accessible faucet controls; that are eligible for listing in the National Register of Historic Places under the Na- § 36.403 Alterations: Path of travel. (iii) Costs associated with providing acces- sible telephones, such as relocating the tele- tional Historic Preservation Act (16 U.S.C. (a) General. An alteration that affects or phone to an accessible height, installing am- 470 et seq.), or are designated as historic could affect the usability of or access to an plification devices, or installing a tele- under State or local law, shall comply to the area of a facility that contains a primary communications device for deaf persons maximum extent feasible with section 4.1.7 function shall be made so as to ensure that, (TDD); of appendix A to this part. to the maximum extent feasible, the path of (iv) Costs associated with relocating an in- (b) If it is determined under the procedures travel to the altered area and the restrooms, accessible drinking fountain. set out in section 4.1.7 of appendix A that it telephones, and drinking fountains serving (f) Duty to provide accessible features in the is not feasible to provide physical access to the altered area, are readily accessible to event of disproportionality. (1) When the cost an historic property that is a place of public and usable by individuals with disabilities, of alterations necessary to make the path of accommodation in a manner that will not including individuals who use wheelchairs, travel to the altered area fully accessible is threaten or destroy the historic significance unless the cost and scope of such alterations disproportionate to the cost of the overall al- of the building or facility, alternative meth- is disproportionate to the cost of the overall teration, the path of travel shall be made ac- ods of access shall be provided pursuant to alteration. cessible to the extent that it can be made ac- the requirements of subpart C of this part. (b) Primary function. A ‘‘primary function’’ cessible without incurring disproportionate is a major activity for which the facility is § 36.406 Standards for new construction and al- costs. intended. Areas that contain a primary func- ternations. (2) In choosing which accessible elements tion include, but are not limited to, the cus- (a) New construction and alterations sub- to provide, priority should be given to those tomer services lobby of a bank, the dining ject to this part shall comply with the stand- elements that will provide the greatest ac- area of a cafeteria, the meeting rooms in a ards for accessible design published as appen- cess, in the following order; conference center, as well as offices and dix A to this part (ADAAG). (i) An accessible entrance; other work areas in which the activities of (ii) An accessible route to the altered area; (b) The chart in the appendix to this sec- the public accommodation or other covered (iii) At least one accessible restroom for tion provides guidance to the user in reading entity using the facility are carried out. Me- each sex or a single unisex restroom; appendix A to this part (ADAAG) together chanical rooms, boiler rooms, supply storage (iv) Accessible telephones; with subparts A through D of this part, when rooms, employee lounges or locker rooms, (v) Accessible drinking fountains; and determining requirements for a particular janitorial closets, entrances, corridors, and (vi) When possible, additional accessible facility. restrooms are not areas containing a pri- elements such as parking, storage, and Appendix to § 36.406 mary function. alarms. (c) Alterations to an area containing a pri- This chart has no effect for purposes of (g) Series of smaller alterations. (1) The obli- compliance or enforcement. It does not nec- mary function. (1) Alterations that affect the gation to provide an accessible path of travel usability of or access to an area containing essarily provide complete or mandatory in- may not be evaded by performing a series of formation. a primary function include, but are not lim- small alterations to the area served by a sin- ited to— gle path of travel if those alterations could (i) Remodeling merchandise display areas Subparts A–D ADAAG have been performed as a single undertaking. or employee work areas in a department (2)(i) If an area containing a primary func- Application, Gen- 36.102(b)(3): public accommoda- 1,2,3,4.1.1. store; eral. tions. tion has been altered without providing an (ii) Replacing an inaccessible floor surface 36.102(c): commercial facilities. accessible path of travel to that area, and 36.102(e): public entities. in the customer service or employee work subsequent alterations of that area, or a dif- 36.103 (other laws) areas of a bank; 36.401 (‘‘for first occupancy’’). ferent area on the same path of travel, are (iii) Redesigning the assembly line area of 36.402(a)(alterations). undertaken within three years of the origi- Definitions ...... 36.104: facility, place of public 3.5 Definitions, a factory; or nal alteration, the total cost of alterations accommodation, public accom- including; ad- (iv) Installing a computer center in an ac- modation, public entity. dition, alter- to the primary function area on that path of counting firm. ation, build- travel during the preceding three year period ing, element, (2) For the purposes of this section, alter- shall be considered in determining whether facility, space, ations to windows, hardware, controls, elec- story. the cost of making that path of travel acces- trical outlets, and signage shall not be 36.401(d)(1)(i), 36.404(a)(1): pro- 4.1.6(i), technical sible is disproportionate. fessional office of a health care infeasibility. deemed to be alterations that affect the (ii) Only alterations undertaken after Jan- provider. usability of or access to an area containing 36.402: alteration; usability. uary 1, 1997, shall be considered in determin- a primary function. 36.402(c): to the maximum extent ing if the cost of providing an accessible path feasible. (d) Path of travel. (1) A ‘‘path of travel’’ in- of travel is disproportionate to the overall 36.401(a) General ...... 4.1.2. cludes a continuous, unobstructed way of pe- New Construction: 36.207 Places of public accommo- 4.1.3. cost of the alterations. destrian passage by means of which the al- General. dation in private residences. § 36.404 Alterations: Elevator exemption. Work Areas ...... 4.1.1(3). tered area may be approached, entered, and Structural Imprac- 36.401(c) ...... 4.1.1(5)(a). exited, and which connects the altered area (a) This section does not require the instal- ticability.. with an exterior approach (including side- lation of an elevator in an altered facility Elevator Exemp- 36.401(d) ...... 4.1.3.(5). tion. walks, streets, and parking areas), an en- that is less than three stories or has less 36.404 ...... trance to the facility, and other parts of the than 3,000 square feet per story, except with Other Exceptions...... 4.1.1(5), 4.1.3(5) facility. respect to any facility that houses the pro- and through- out. (2) An accessible path of travel may consist fessional office of a health care provider, a Alterations: Gen- 36.402 ...... 4.1.6(1). of walks and sidewalks, curb ramps and terminal, depot, or other station used for eral. other interior or exterior pedestrian ramps; specified public transportation. Alterations Affect- 36.403 ...... 4.1.6(2). ing an Area clear floor paths through lobbies, corridors, For the purposes of this section, ‘‘profes- Containing A rooms, and other improved areas; parking sional office of a health care provider’’ Primary Func- access aisles; elevators and lifts; or a com- means a location where a person or entity tion; Path of Travel; bination of these elements. employed by a covered entity and/or regu- Disproportion- (3) For the purposes of this part, the term lated by a State to provide professional serv- ality.. ‘‘path of travel’’ also includes the restrooms, ices related to the physical or mental health Alterations: Spe- ...... 4.1.6(3). cial Technical telephones, and drinking fountains serving of an individual makes such services avail- Provisions.. the altered area. able to the public. The facility that houses a Additions ...... 36.401–36.405 ...... 4.1.5. (e) Disproportionality. (1) Alterations made ‘‘professional office of a health care pro- Historic Preserva- 36.405 ...... 4.1.7. tion. to provide an accessible path of travel to the vider’’ only includes floor levels housing by Technical Provi- ...... 4.2 through 4.35. altered area will be deemed disproportionate at least one health care provider, or any sions. to the overall alteration when the cost ex- floor level designed or intended for use by at Facilities ...... 6. Business and ...... 7. ceeds 20% of the cost of the alteration to the least one health care provider. Mercantile. primary function area. (b) The exemption provided in paragraph Libraries ...... 8. (2) Costs that may be counted as expendi- (a) of this section does not obviate or limit Transient Lodging ...... 9. (Hotels, Home- tures required to provide an accessible path in any way the obligation to comply with less Shelters, of travel may include: the other accessibility requirements estab- Etc.). (i) Costs associated with providing an ac- lished in this subpart. For example, alter- Transportation Fa- ...... 10. cilities. cessible entrance and an accessible route to ations to floors above or below the accessible

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H117 § 36.407. Temporary suspension of certain de- 37.85–37.91 [Reserved] modeling, renovation, rehabilitation, recon- tectable warning requirements. 37.93 One car per train rule. struction, historic restoration, changes or The detectable warning requirements con- 37.95 [Reserved] rearrangement in structural parts or ele- tained in sections 4.7.7, 4.29.5, and 4.29.6 of 37.97–37.99 [Reserved] ments, and changes or rearrangement in the appendix A to this part are suspended tempo- Subpart E—Acquisition of Accessible Vehicles by plan configuration of walls and full-height rarily until July 26, 1998. Covered Entities partitions. Normal maintenance, reroofing, §§ 36.408—36.499 [Reserved] 37.101 Purchase or lease of vehicles by cov- painting or wallpapering, asbestos removal, §§ 36.501—36.608 [Reserved] ered entities not primarily en- or changes to mechanical or electrical sys- APPENDIX A TO PART 36—STANDARDS FOR gaged in the business of trans- tems are not alterations unless they affect ACCESSIBLE DESIGN porting people. the usability of the building or facility. Automated guideway transit system or AGT [Copies of this appendix may be obtained 37.103 [Reserved] means a fixed-guideway transit system from the Office of Compliance, Room LA 200, 37.105 Equivalent service standard. which operates with automated (driverless) John Adams Building, 110 Second Street, 37.107–37.109 [Reserved] individual vehicles or multi-car trains. Serv- S.E., Washington, D.C. 20540–1999.] 37.111–37.119 [Reserved] ice may be on a fixed schedule or in response APPENDIX B TO PART 36—UNIFORM FEDERAL Subpart F—Paratransit as a complement to fixed route service to a passenger-activated call button. ACCESSIBILITY STANDARDS Auxiliary aids and services includes: [Copies of this appendix may be obtained 37.121 Requirement for comparable com- (1) Qualified interpreters, notetakers, tran- from the Office of Compliance, Room LA 200, plementary paratransit service. scription services, written materials, tele- John Adams Building, 110 Second Street, 37.123 ADA paratransit eligibility: Stand- phone headset amplifiers, assistive listening S.E., Washington, D.C. 20540–1999.] ards. devices, assistive listening systems, tele- 37.125 ADA paratransit eligibility: Process. phones compatible with hearing aids, closed PART 37—TRANSPORTATION SERVICES 37.127 Complementary paratransit for visi- caption decoders, closed and open caption- FOR INDIVIDUALS WITH DISABILITIES tors. ing, text telephones (also known as TTYs), (CAA) 37.129 Types of service. videotext displays, or other effective meth- Subpart A—General 37.131 Service criteria for complementary ods of making aurally delivered materials Sec. paratransit. available to individuals with hearing impair- 37.1 Purpose. 37.133 Subscription service. 37.3 Definitions. 37.135 Submission of paratransit plan. ments; (2) Qualified readers, taped texts, audio re- 37.5 Nondiscrimination. 37.137 Paratransit plan development. cordings, Brailled materials, large print ma- 37.7 Standards for accessible vehicles. 37.139 Plan contents. 37.9 Standards for accessible transportation 37.141 Requirements for a joint paratransit terials, or other effective methods of making facilities. plan. visually delivered materials avaiable to indi- 37.11 [Reserved] 37.143 Paratransit plan implementation. viduals with visual impairments; 37.13 Effective date for certain vehicle lift (3) Acquisition or modification of equip- specifications. 37.145 [Reserved] 37.147 Considerations during General Coun- ment or devices; or 37.15–37.19 [Reserved] (4) Other similar services or actions. sel review. Board means the Board of Directors of the Subpart B—Applicability 37.149 Disapproved plans. Office of Compliance. 37.21 Applicability: General. 37.151 Waiver for undue financial burden. Bus means any of several types of self-pro- 37.23 Service under contract. 37.153 General Counsel waiver determina- 37.25 [Reserved] pelled vehicles, generally rubber-tired, in- tion. 37.27 Transportation for elementary and tended for use on city streets, highways, and 37.155 Factors in decision to grant undue fi- secondary education systems. busways, including but not limited to nancial burden waiver. 37.29 [Reserved] minibuses, forty- and thirty-foot buses, ar- 37.157–37.159 [Reserved] 37.31 Vanpools. ticulated buses, double-deck buses, and elec- 37.33–37.35 [Reserved] Subpart G—Provision of Service trically powered trolley buses, used by public 37.37 Other applications. 37.161 Maintenance of accessible features: entities to provide designated public trans- 37.39 [Reserved] General. portation service and by covered entities to Subpart C—Transportation Facilities 37.163 Keeping vehicle lifts in operative con- provide transportation service including, but 37.41 Construction of transportation facili- dition—public entities. not limited to, specified public transpor- ties by public entities. 37.165 Lift and securement use. tation services. Self-propelled, rubber-tired 37.43 Alteration of transportation facilities 37.167 Other service requirements. vehicles designed to look like antique or vin- by public entities. 37.169 Interim requirements for over-the- tage trolleys are considered buses. 37.45 Construction and alteration of trans- road bus service operated by Commuter bus service means fixed route bus portation facilities by covered covered entities. service, characterized by service predomi- entities. 37.171 Equivalency requirement for demand nantly in one direction during peak periods, 37.47 Key stations in light and rapid rail responsive service by covered limited stops, use of multi-ride tickets, and systems. entities not primarily engaged 37.49–37.59 [Reserved] routes of extended length, usually between in the business of transporting 37.61 Public transportation programs and the central business district and outlying people. activities in existing facilities. suburbs. Commuter bus service may also in- 37.63–3769 [Reserved] 37.173 Training requirements. clude other service, characterized by a lim- Appendix A to Part 37—Standards for ited route structure, limited stops, and a co- Subpart D—Acquisition of Accessible Vehicles by Accessible Transportation Facili- Public Entities ordinated relationship to another mode of ties ...... transportation. 37.71 Purchase or lease of new non-rail vehi- Appendix B to Part 37—Certifications cles by public entities operat- Covered entity means any entity listed in ing fixed route systems. Subpart A—General section 210(a) of the CAA that operates a 37.73 Purchase or lease of used non-rail ve- § 37.1 Purpose. place of public accommodation within the meaning of section 210 of the CAA. hicles by public entities operat- The purpose of this part is to implement Demand responsive system means any sys- ing fixed route systems. the transportation and related provisions of tem of transporting individuals, including 37.75 Remanufacture of non-rail vehicles titles II and III of the Americans with Dis- the provision of designated public transpor- and purchase or lease of re- abilities Act of 1990, as applied by section 210 tation service by public entities and the pro- manufactured non-rail vehicles of the Congressional Accountability Act of vision of transportation service by covered by public entities operating 1995 (2 U.S.C. 1331 et seq.). fixed route systems. entities, including but not limited to speci- 37.77 Purchase or lease of new non-rail vehi- § 37.3 Definitions. fied public transportation service, which is cles by public entities operat- As used in this part: not a fixed route system. ing demand responsive systems Accessible means, with respect to vehicles Designated public transportation means for the general public. and facilities, complying with the accessibil- transportation provided by a public entity 37.79 Purchase or lease of new rail vehicles ity requirements of parts 37 and 38 of these (other than public school transportation) by by public entities operating regulations. bus, rail, or other conveyance (other than rapid or light rail systems. Act or CAA means the Congressional Ac- transportation by aircraft or intercity or 37.81 Purchase or lease of used rail vehicles countability Act of 1995 (Pub. L. 104–1, 109 commuter rail transportation) that provides by public entities operating Stat. 3, 2 U.S.C. §§ 1301–4238). the general public with general or special rapid or light rail systems. ADA means the Americans with Disabil- service, including charter service, on a regu- 37.83 Remanufacture of rail vehicles and ities Act of 1990 (42 U.S.C. §§ 12131–12150, 12182, lar and continuing basis. purchase or lease of remanufac- 12183, and 12189) as applied to covered enti- Disability means, with respect to an indi- tured rail vehicles by public en- ties by section 210 of the CAA. vidual, a physical or mental impairment tities operating rapid or light Alteration means a change to an existing that substantially limits one or more of the rail systems. facility, including, but not limited to, re- major life activities of such individual; a

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H118 CONGRESSIONAL RECORD — HOUSE January 9, 1997 record of such an impairment; or being re- rights of way, or exclusive rights of way. which has scheduled stops at the structure. garded as having such an impairment. Service may be provided by step-entry vehi- The term does not include an open structure (1) The phrase physical or mental impairment cles or by level boarding. or a physical structure the primary purpose means— New vehicle means a vehicle which is of- of which is other than providing transpor- (i) Any physiological disorder or condition, fered for sale or lease after manufacture tation services. cosmetic disfigurement, or anatomical loss without any prior use. Used vehicle means a vehicle with prior use. affecting one or more of the following body Office means the Office of Compliance. Vanpool means a voluntary commuter ride- systems; neurological, musculoskeletal, spe- Operates includes, with respect to a fixed sharing arrangement, using vans with a seat- cial sense organs, respiratory including route or demand responsive system, the pro- ing capacity greater than 7 persons (includ- speech organs, cardiovascular, reproductive, vision of transportation service by a public ing the driver) or buses, which provides digestive, genito-urinary, hemic and lym- or covered entity itself or by a person under transportation to a group of individuals phatic, skin, and endocrine; a contractual or other arrangement or rela- traveling directly from their homes to their (ii) Any mental or psychological disorder, tionship with the entity. regular places of work within the same geo- such as mental retardiation, organic brain Over-the-road bus means a bus character- graphical area, and in which the commuter/ syndrome, emotional or mental illness, and ized by an elevated passenger deck located driver does not receive compensation beyond specific learning disabilities; over a baggage compartment. reimbursement for his or her costs of provid- (iii) The term physical or mental impairment Paratransit means comparable transpor- ing the service. includes, but is not limited to, such con- tation service required by the CAA for indi- Vehicle, as the term is applied to covered tagious or noncontagious diseases and condi- viduals with disabilities who are unable to entities, does not include a rail passenger tions as orthopedic, visual, speech, and hear- use fixed route transportation systems. car, railroad locomotive, railroad freight ing impairments; cerebral palsy, epilepsy, Private entity means any entity other than car, or railroad caboose, or other rail rolling muscular dystrophy, multiple sclerosis, can- a public or covered entity. stock described in section 242 or title III of cer, heart disease, diabetes, mental retarda- Public entity means any of the following en- the Americans With Disabilities Act, which tion, emotional illness, specific learning dis- tities that provides public services, pro- is not applied to covered entities by section abilities, HIV disease, tuberculosis, drug ad- grams, or activities: 210 of the CAA. diction and alcoholism; (1) each office of the Senate, including Wheelchair means a mobility aid belonging (iv) The phrase physical or mental impair- each office of a Senator and each committee; to any class of three or four-wheeled devices, ment does not include homosexuality or bi- (2) each office of the House of Representa- usable indoors, designed for and used by indi- sexuality. tives, including each office of a Member of viduals with mobility impairments, whether (2) The phrase major life activities means the House of Representatives and each com- operated manually or powered. A ‘‘common functions such as caring for one’s self, per- mittee; wheelchair’’ is such a device which does not forming manual tasks, walking, seeing, hear- (3) each joint committee of the Congress; exceed 30 inches in width and 48 inches in ing, speaking, breathing, learning, and work- (4) the Capitol Guide Service; length measured two inches above the ing; or (5) the Capitol Police; ground, and does not weigh more than 600 (3) The phrase has a record of such an im- (6) the Congressional Budget Office; pounds when occupied. pairment means has a history of, or has been (7) the Office of the Architect of the Cap- § 37.5 Nondiscrimination. misclassified as having, a mental or physical itol (including the Senate Restaurants and impairment that substantially limits one or the Botanic Garden); (a) No covered entity shall discriminate more major life activities; or (8) the Office of the Attending Physician; against an individual with a disability in (4) The phrase is regarded as having such an and connection with the provision of transpor- impairment means— (9) the Office of Compliance. tation service. (i) Has a physical or mental impairment Purchase or lease, with respect to vehicles, (b) Notwithstanding the provision of any that does not substantially limit major life means the time at which a public or covered special transportation service to individuals activities, but which is treated by a public or entity is legally obligated to obtain the vehi- with disabilities, an entity shall not, on the covered entity as constituting such a limita- cles, such as the time of contract execution. basis of disability, deny to any individual tion; Public school transportation means transpor- with a disability the opportunity to use the (ii) Has a physical or mental impairment tation by schoolbus vehicles of school- entity’s transportation service for the gen- that substantially limits a major life activ- children, personnel, and equipment to and eral public, if the individual is capable of ity only as a result of the attitudes of others from a public elementary or secondary using that service. toward such an impairment; or school and school-related activities. (c) An entity shall not require an individ- (iii) Has none of the impairments defined Rapid rail means a subway-type transit ve- ual with a disability to use designated prior- in paragraph (1) of this definition but is hicle railway operated on exclusive private ity seats, if the individual does not choose to treated by a public or covered entity as hav- rights of way with high level platform sta- use these seats. ing such an impairment. tions. Rapid rail also may operate on ele- (d) An entity shall not impose special (5) The term disability does not include— vated or at grade level track separated from charges, not authorized by this part, on indi- (i) Transvertism, transsexualism, other traffic. viduals with disabilities, including individ- pedophilia, exhibitionism, voyeurism, gender Remanufactured vehicle means a vehicle uals who use wheelchairs, for providing serv- identity disorders not resulting from phys- which has been structurally restored and has ices required by this part or otherwise nec- ical impairments, or other sexual behavior had new or rebuilt major components in- essary to accommodate them. disorders; (e) An entity shall not require that an indi- (ii) Compulsive gambling, kleptomania, or stalled to extend its service life. Service animal means any guide dog, signal vidual with disabilities be accompanied by pyromania; dog, or other animal individually trained to an attendant. (iii) Psychoactive substance abuse dis- (f) An entity shall not refuse to serve an orders resulting from the current illegal use work or perform tasks for an individual with a disability, including, but not limited to, individual with a disability or require any- of drugs. thing contrary to this part because its insur- Facility means all or any portion of build- guiding individuals with impaired vision, alerting individuals with impaired hearing ance company conditions coverage or rates ings, structures, sites, complexes, equip- on the absence of individuals with disabil- ment, roads, walks, passageways, parking to intruders or sounds, providing minimal protection or rescue work, pulling a wheel- ities or requirements contrary to this part. lots, or other real or personal property, in- (g) It is not discrimination under this part cluding the site where the building, prop- chair, or fetching dropped items. Solicitation means the closing date for the for an entity to refuse to provide service to erty, structure, or equipment is located. an individual with disabilities because that Fixed route system means a system of trans- submission of bids or offers in a procure- ment. individual engages in violent, seriously dis- porting individuals (other than by aircraft), ruptive, or illegal conduct. However, an en- including the provision of designated public Station means where a public entity provid- ing rail transportation owns the property, tity shall not refuse to provide service to an transportation service by public entities and individual with disabilities solely because the provision of transportation service by concession areas, to the extent that such public entity exercises control over the se- the individual’s disability results in appear- covered entities, including, but not limited ance or involuntary behavior that may of- to, specific public transportation service, on lection, design, construction, or alteration of the property, but this term does not include fend, annoy, or inconvenience employees of which a vehicle is operated along a pre- the entity or other persons. scribed route according to a fixed schedule. flag stops (i.e., stations which are not regu- General Counsel means the General Counsel larly scheduled stops but at which trains will § 37.7 Standards for accessible vehicles. of the Office of Compliance. stop board or detrain passengers only on sig- (a) For purposes of this part, a vehicle Individual with a disability means a person nal or advance notice). shall be considered to be readily accessible who has a disability, but does not include an Transit facility means, for purposes of de- to and usable by individuals with disabilities individual who is currently engaging in the termining the number of text telephones if it meets the requirements of this part and illegal use of drugs, when a public or covered needed consistent with § 10.3.1(12) of Appen- the standards set forth in part 38 of these entity acts on the basis of such use. dix A to this part, a physical structure the regulations. Light rail means a streetcar-type vehicle primary function of which is to facilitate ac- (b)(1) For purposes of implementing the operated on city streets, semi-exclusive cess to and from a transportation system equivalent facilitation provision in § 38.2 of

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H119 these regulations, the following parties may § 37.9 Standards for accessible transportation such as newspapers of general and special in- submit to the General Counsel of the appli- facilities. terest circulation and radio announcements. cable operating administration a request for (a) For purposes of this part, a transpor- (4) In the case of a request by a covered en- a determination of equivalent facilitation: tation facility shall be considered to be read- tity, the covered entity shall consult, in per- (i) A public or covered entity that provides ily accessible to and usable by individuals son, in writing, or by other appropriate transportation services and is subject to the with disabilities if it meets the requirements means, with representatives of national and provisions of subpart D or subpart E of this of this part and the standards set forth in local organizations representing people with part; or Appendix A to this part. those disabilities who would be affected by (ii) The manufacturer of a vehicle or a ve- (b) Facility alterations begun before Janu- the request. hicle component or subsystem to be used by ary 1, 1997, in a good faith effort to make a (5) A determination of compliance will be such entity to comply with this part. facility accessible to individuals with dis- made by the General Counsel on a case-by- (2) The requesting party shall provide the abilities may be used to meet the key sta- case basis. following information with its request: tion requirements set forth in § 37.47 of this (6) Determination of equivalent facilita- (i) Entity name, address, contact person part, even if these alterations are not con- tion are made only with respect to vehicles and telephone; sistent with the standards set forth in Ap- or vehicle components used in the provision (ii) Specific provision of part 38 of these pendix A to this part, if the modifications of transportation services covered by subpart regulations concerning which the entity is complied with the Uniform Federal Acces- D or subpart E of this part, and pertain only seeking a determination of equivalent facili- sibility Standard (UFAS) or ANSI to the specific situation concerning which tation; A117.1(1980) (American National Standards the determination is made. Entities shall not (iii) [Reserved] Specification for Making Buildings and Fa- cite these determinations as indicating that (iv) Alternative method of compliance, a product or method constitute equivalent with demonstration of how the alternative cilities Accessible to and Usable by, the Physically Handicapped). This paragraph ap- facilitations in situations other than those meets or exceeds the level of accessibility or to which the determination is made. Entities usability of the vehicle provided in part 38; plies only to alterations of individual ele- ments and spaces and only to the extent that shall not claim that a determination of and equivalent facilitation indicates approval or (v) Documentation of the public participa- provisions covering those elements or spaces are contained in UFAS or ANSI A117.1, as ap- endorsement of any product or method by tion used in developing an alternative meth- the Office. od of compliance. plicable. § 37.11 [Reserved} (3) In the case of a request by a public en- (c) Public entities shall ensure the con- § 37.13 Effective date for certain vehicle lift tity that provides transportation services struction of new bus stop pads are in compli- specifications. subject to the provisions of subpart D of this ance with section 10.2.1(I) of appendix A to part, the required public participation shall this part, to the extent construction speci- The vehicle lift specifications identified in include the following: fications are within their control. §§ 38.23(b)(6) and 38.83(b)(6) apply to solicita- (i) The entity shall contact individuals (d)(1) For purposes of implementing the tions for vehicles under this part after De- with disabilities and groups representing equivalent facilitation provision in section cember 31, 1996. them in the community. Consultation with 2.2 of appendix A to this part, the following § 37.15 Temporary suspension of certain detect- these individuals and groups shall take place parties may submit to the General Counsel a able warning requirements. request for a determination of equivalent fa- at all stages of the development of the re- The detectable warning requirements con- cilitation: quest for equivalent facilitation. All docu- tained in sections 4.7.7, 4.29.5, and 3.29.6 of (i) A public or covered entity that provides ments and other information concerning the appendix A to this part are suspended tempo- transportation services subject to the provi- request shall be available, upon request, to rarily until July 26, 1998. sions of subpart C of this part, or any other members of the public. §§ 37.17–37.19 [Reserved] (ii) The entity shall make its proposed re- appropriate party with the concurrence of quest available for public comment before the General Counsel. Subpart B—Applicability the request is made final or transmitted to (ii) The manufacturer of a product or ac- § 37.21 Applicability: General the General Counsel. In making the request cessibility feature to be used in the facility (a) This part applies to the following enti- available for public review, the entity shall of such entity to comply with this part. ties: ensure that it is available, upon request, in (2) The requesting party shall provide the (1) Any public entity that provides des- accessible formats. following information with its request: ignated public transportation; and (iii) The entity shall sponsor at least one (i) Entity name, address, contact person (2) Any covered entity that is not pri- public hearing on the request and shall pro- and telephone; marily engaged in the business of transport- vide adequate notice of the hearing, includ- (ii) Specific provision of appendix A to part ing people but operates a demand responsive ing advertisement in appropriate media, 37 of these regulations concerning which the or fixed route system. such as newspapers of general and special in- entity is seeking a determination of equiva- (b) Entities to which this part applies also terest circulation and radio announcements. lent facilitation; may be subject to CAA regulations of the Of- (4) In the case of a request by a covered en- (iii) [Reserved]; fice of Compliance (parts 35 to 36, as applica- tity that provides transportation services (iv) Alternative method of compliance, ble). the provisions of this part shall be in- subject to the provisions of subpart E of this with demonstration of how the alternative terpreted in a manner that will make them part, the covered entity shall consult, in per- meets or exceeds the level of accessibility or consistent with applicable Office of Compli- son, in writing, or by other appropriate usability of the vehicle provided in appendix ance regulations. In any case of apparent in- means, with representatives of national and A to this part; and consistency, the provisions of this part shall local organizations representing people with (v) Documentation of the public participa- prevail. those disabilities who would be affected by tion used in developing an alternative meth- § 37.23 Service under contract the request. od of compliance. (a) When a public enters into a contractual (5) A determination of compliance will be (3) In the case of a request by a public en- or other arrangement or relationship with a made by the General Counsel of the con- tity that provides transportation facilities, private entity to operate fixed route or de- cerned operating administration on a case- the required public participation shall in- mand responsive service, the public entity by-case basis. clude the following: (6) Determinations of equivalent facilita- (i) The entity shall contact individuals shall ensure that the private entity meets tion are made only with respect to vehicles with disabilities and groups representing the requirements of this part that would or vehicle components used in the provision them in the community. Consultation with apply to the public entity if the public entity of transportation services covered by subpart these individuals and groups shall take place itself provided the service. D or subpart E of this part, and pertain only at all stages of the development of the re- (b) A public entity which enters into a con- to the specific situation concerning which quest for equivalent facilitations. All docu- tractual or other arrangement or relation- the determination is made. Entities shall not ments and other information concerning the ship with a private entity to provide fixed cite these determinations as indicating that request shall be available, upon request to route service shall ensure that the percent- a product or method constitute equivalent members of the public. age of accessible vehicles operated by the facilitation in situations other than those to (ii) The entity shall make its proposed re- public entity in its overall fixed route or de- which the determination is made. Entities quest available for public comment before mand responsive fleet is not diminished as a shall not claim that a determination of the request is made final or transmitted to result. equivalent facilitation indicates approval or the General counsel. In making the request § 37.25 [Reserved] endorsement of any product or method by available for public review, the entity shall § 37.27 Transportation for elementary and sec- the Office. ensure that it is available, upon request, in ondary education systems. (c) Over-the-road buses acquired by public accessible formats. (a) The requirements of this part do not entities (or by a contractor to a public en- (iii) The entity shall sponsor at least one apply to public school transportation. tity as provided in § 37.23 of this part) shall public hearing on the request and shall pro- (b) The requirements of this part do not comply with § 38.23 and subpart G of part 38 vide adequate notice of the hearing, includ- apply to the transportation of school chil- of these regulations. ing advertisement in appropriate media, dren to and from a covered elementary or

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H120 CONGRESSIONAL RECORD — HOUSE January 9, 1997 secondary school, and its school-related ac- shall make the alteration in such a manner (ii) Costs associated with making rest- tivities, if the school is providing transpor- that, to the maximum extent feasible, the rooms accessible (e.g., grab bars, enlarged tation service to students with disabilities path of travel to the altered area and the toilet stalls, accessible faucet controls); equivalent to that provided to students with- bathrooms, telephones, and drinking foun- (iii) Costs associated with providing acces- out disabilities. The test of equivalence is tains serving the altered area are readily ac- sible telephones (e.g., relocation of phones to the same as that provided in § 37.105. If the cessible to and usable by individuals with an accessible height, installation of amplifi- school does not meet the criteria of this disabilities, including individuals who use cation devices or TTYs); paragraph for exemption from the require- wheelchairs upon completion of the alter- (iv) Costs associated with relocating an in- ments of this part, it is subject to the re- ations. Provided, that alterations to the path accessible drinking fountain. quirements of this part for covered entities of travel, drinking fountains, telephone and (f)(1) When the cost of alterations nec- not primarily engaged in transporting peo- bathrooms are not required to be made read- essary to make a path of travel to the al- ple. ily accessible to and usable by individuals tered area fully accessible is disproportion- § 37.29 [Reserved] with disabilities, including individuals who ate to the cost of the overall alteration, then § 37.31 Vanpools. use wheelchairs, if the cost and scope of such areas shall be made accessible to the doing so would disproportionate. maximum extent without resulting in dis- Vanpool systems which are operated by (3) The requirements of this paragraph also proportionate costs; public entities, or in which public entities apply to the alteration of existing intercity (2) In this situation, the public entity own or purchase or lease the vehicles, are or commuter rail stations by the responsible should give priority to accessible elements subject to the requirements of this part for person for, owner of, or person in control of that will provide the greatest access, in the demand responsive service for the general the station. following order: public operated by public entities. A vanpool (4) The requirements of this section apply (i) An accessible entrance; system in this category is deemed to be pro- to any alteration which begins (i.e., issuance (ii) An accessible route to the altered area; viding equivalent service to individuals with of notice to proceed or work order, as appli- (iii) At least one accessible restroom for disabilities if a vehicle that an individual cable) after December 31, 1996. each sex or a single unisex restroom (where with disabilities can use is made available to (b) As used in this section, the phrase to there are one or more restrooms) and used by a vanpool in which such an indi- the maximum extent feasible applies to the oc- (iv) Accessible telephones; vidual chooses to participate. casional case where the nature of an existing (v) Accessible drinking fountains; § 37.35 [Reserved] facility makes it impossible to comply fully (vi) When possible, other accessible ele- § 37.37 Other applications. with applicable accessibility standards ments (e.g., parking, storage, alarms). through a planned alteration. In these cir- (a) Shuttle systems and other transpor- (g) If a public entity performs a series of cumstances, the entity shall provide the small alterations to the areas served by a tation services operated by public accom- maximum physical accessibility feasible. modations are subject to the requirements of single path of travel rather than making the Any altered features of the facility or por- alterations as part of a single undertaking, this part for covered entities not primarily tion of the facility that can be made acces- engaged in the business of transporting peo- it shall nonetheless be responsible for provid- sible shall be made accessible. If providing ing an accessible path of travel. ple. Either the requirements for demand re- accessibility to certain individuals with dis- sponsive or fixed route service may apply, (h)(1) If an area containing a primary func- abilities (e.g., those who use wheelchairs) tion has been altered without providing an depending upon the characteristics of each would not be feasible, the facility shall be individual system of transportation. accessible path of travel to the area, and made accessible to individuals with other subsequent alterations of that area, or a dif- (b) Conveyances used by members of the types of disabilities (e.g., those who use public primarily for recreational purposes ferent area on the same path of travel, are crutches, those who have impaired vision or undertaken within three years of the origi- rather than for transportation (e.g., amuse- hearing, or those who have other impair- ment park rides, ski lifts, or historic rail nal alteration, the total cost of alternation ments). to the primary function areas on that path of cars or trolleys operated in museum set- (c) As used in this section, a primary func- travel during the preceding three year period tings) are not subject to the requirements of tion is a major activity for which the facility shall be considered in determining whether this part. Such conveyances are subject to is intended. Areas of transportation facilities the cost of making that path of travel is dis- the Board’s regulations implementing the that involve primary functions include, but proportionate; non-transportation provisions of title II or are not necessarily limited to, ticket pur- (2) For the first three years after January title III of the ADA, as applied by section 210 chase and collection areas, passenger waiting 1, 1997, only alterations undertaken between of the CAA, as applicable. areas, train or bus platforms, baggage check- that date and the date of the alternation at (c) Transportation services provided by an ing and return areas and employment areas employer solely for its own employees are (except those involving non-occupiable issue shall be considered in determining if not subject to the requirements of this part. spaces accessed only by ladders, catwalks, the cost of providing accessible features in Such services are subject to the require- crawl spaces, vary narrow passageways, or disproportionate to the overall cost of the al- ments of section 201 of the CAA. freight [non-passenger] elevator which are teration. (3) Only alterations undertaken after Janu- § 37.39 [Reserved][ frequented only by repair personnel). (d) As used in this section, a path of travel ary 1, 1997, shall be considered in determin- Subpart C—Transportation Facilities includes a continuous, unobstructed way of ing if the cost of providing an accessible path § 37.41 Construction of transportation facilities pedestrian passage by means of which the al- of travel is disproportionate to the overall by public entities. tered area may be approached, entered, and cost of the alteration. A public entity shall construct any new fa- exited, and which connects the altered area § 37.45 Construction and alteration of transpor- cility to be used in providing designated pub- with an exterior approach (including side- tation facilities by covered entities. lic transportation services so that the facil- walks, parking areas, and streets), an en- In constructing and altering transit facili- ity is readily accessible to and usable by in- trance to the facility, and other parts of the ties, covered entities shall comply with the dividuals with disabilities, including individ- facility The term also includes the rest- regulations of the Board implementing title uals who use wheelchairs. For purposes of rooms, telephones, and drinking fountains III of the ADA, as applied by section 210 of this section, a facility or station is ‘‘new’’ if serving the altered area. An accessible path the CAA (part 36). its construction begins (i.e., issuance of no- of travel may include walks and sidewalks, § 37.47 Key stations in light and rapid rail sys- tice to proceed) after December 31, 1996. curb ramps and other interior or exterior pe- tems. destrian ramps, clear floor paths through § 37.43 Alteration of transportation facilities by (a) Each public entity that provides des- public entity. corridors, waiting areas, concourses, and other improved areas, parking access aisles, ignated public transportation by means of a (a)(1) When a public entity alters an exist- elevators and lifts, bridges, tunnels, or other light or rapid rail system shall make key ing facility or a part of an existing facility passageways between platforms, or a com- stations on its system readily accessible to used in providing designated public transpor- bination of these and other elements. and usable by individuals with disabilities, tation services in a way that affects or could (e)(1) Alternations made to provide an ac- including individuals who use wheelchairs. affect the usability of the facility or part of cessible path to travel to the altered area This requirement is separate from and in ad- the facility, the entity shall make the alter- will be deemed disproportionate to the over- dition to requirements set forth in § 37.43 of ations (or ensure that the alterations are all alteration when the cost exceeds 20 per- this part. made) in such a manner, to the maximum ex- cent of the cost of the alteration to the pri- (b) Each public entity shall determine tent feasible, that the altered portions of the mary function area (without regard to the which stations on its system are key sta- facility are readily accessible to and usable costs of accessibility modifications). tions. The entity shall identify key stations, by individuals with disabilities, including in- (2) Costs that may be counted as expendi- using the planning and public participation dividuals who use wheelchairs, upon the tures required to provide an accessible path process set forth in paragraph (d) of this sec- completion of such alterations. of travel include: tion, and taking into consideration the fol- (2) When a public entity undertakes an al- (i) Costs associated with providing an ac- lowing criteria: teration that affects or could affect the cessible entrance and an accessible route to (1) Stations where passenger boardings ex- usability of or access to an area of a facility the altered area (e.g., widening doorways and ceed average station passenger boardings on containing a primary function, the entity installing ramps); the rail system by at least fifteen percent,

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H121 unless such a station is close to another ac- of this part (with respect to key stations). (4) Such other terms and conditions as the cessible station; Entities shall comply with other applicable General Counsel may impose. (2) Transfer stations on a rail line or be- accessibility requirements for such facilities. (g)(1) When the General Counsel grants a tween rail lines; (c) Public entities, with respect to facili- waiver under this section, he/she shall (3) Major interchange points with other ties that, as provided in paragraph (b) of this promptly notify any appropriate committees transportation modes, including stations section, are not required to be made acces- of Congress. connecting with major parking facilities, bus sible to individuals who use wheelchairs, are (2) If the General Counsel has reasonable terminals, intercity or commuter rail sta- not required to provide to such individuals cause to believe that a public entity fraudu- tions, passenger vessel terminals, or air- services made available to the general public lently applied for a waiver under this sec- ports; at such facilities when the individuals could tion, the General Counsel shall: (4) End stations, unless an end station is not utilize or benefit from the services. (i) Cancel the waiver if it is still in effect; close to another accessible station; and §§ 37.63–37.69 [Reserved] and (5) Stations serving major activity centers, Subpart D—Acquisition of Accessible (ii) Take other appropriate action. such as employment or government centers, Vehicles by Public Entities § 37.73 Purchase or lease of used non-rail vehi- institutions of higher education, hospitals or § 37.71 Purchase or lease of new non-rail vehi- cles by public entities operating a fixed other major health care facilities, or other cles by public entities operating fixed route route system. facilities that are major trip generators for systems. (a) Except as provided elsewhere in this individuals with disabilities. (a) Except as provided elsewhere in this section, each public entity operating a fixed (c)(1) Unless an entity receives an exten- section, each public entity operating a fixed route system purchasing or leasing, after sion under paragraph (c)(2) of this section, route system making a solicitation after January 31, 1997, a used bus or other used ve- the public entity shall achieve accessibility January 31, 1997, to purchase or lease a new hicle for use on the system, shall ensure that of key stations as soon as practicable, but in bus or other new vehicle for use on the sys- the vehicle is readily accessible to and usa- no case later than January 1, 2000, except tem, shall ensure that the vehicle is readily ble by individuals with disabilities, including that an entity is not required to complete in- accessible to and usable by individuals with individuals who use wheelchairs. stallation of detectable warnings required by disabilities, including individuals who use (b) A public entity may purchase or lease a section 10.3.2(2) of appendix A to this part wheelchairs. used vehicle for use on its fixed route system until January 1, 2001. (b) A public entity may purchase or lease a that is not readily accessible to and usable (2) The General Counsel may grant an ex- new bus that is not readily accessible to and by individuals with disabilities if, after mak- tension of this completion date for key sta- usable by individuals with disabilities, in- ing demonstrated good faith efforts to obtain tion accessibility for a period up to January cluding individuals who use wheelchairs, if it an accessible vehicle, it is unable to do so. 1, 2025, provided that two-thirds of key sta- applies for, and the General Counsel grants, (c) Good faith efforts shall include at least tions are made accessible by January 1, 2015. a waiver as provided for in this section. the following steps: Extensions may be granted as provided in (c) Before submitting a request for such a (1) An initial solicitation for used vehicles paragraph (e) of this section. waiver, the public entity shall hold at least specifying that all used vehicles are to be (d) The public entity shall develop a plan one public hearing concerning the proposed life-equipped and otherwise accessible to and for compliance for this section. The plan request. usable by individuals with disabilities, or, if shall be submitted to the General Counsel’s (d) The General Counsel may grant a re- an initial solicitation is not used, a docu- office by July 1, 1997. quest for such a waiver if the public entity mented communication so stating; (1) The public entity shall consult with in- demonstrates to the General Counsel’s satis- (2) A nationwide search for accessible vehi- dividuals with disabilities affected by the faction that— cles, involving specific inquiries to used ve- plan. The public entity also shall hold at (1) The initial solicitation for new buses hicle dealers and other transit providers; and least one public hearing on the plan and so- made by the public entity specified that all (3) Advertising in trade publications and licit comments on it. The plan submitted to new buses were to be lift-equipped and were contacting trade associations. General Counsel shall document this public to be otherwise accessible to and usable by (d) Each public entity purchasing or leas- participation, including summaries of the individuals with disabilities; ing used vehicles that are not readily acces- consultation with individuals with disabil- (2) Hydraulic, electromechanical, or other sible to and usable by individuals with dis- ities and the comments received at the hear- lifts for such new buses could not be provided abilities shall retain documentation of the ing and during the comment period. The plan by any qualified lift manufacturer to the specific good faith efforts it made for three also shall summarize the public entity’s re- manufacturer of such new buses in sufficient years from the date the vehicles were pur- sponses to the comments and consultation. time to comply with the solicitation; and chased. These records shall be made avail- (2) The plan shall establish milestones for (3) Any further delay in purchasing new able, on request, to the General Counsel and the achievement of required accessibility of buses equipped with such necessary lifts the public. would significantly impair transportation key stations, consistent with the require- § 37.75 Remanufacture of non-rail vehicles and services in the community served by the ments of this section. purchase or lease of remanufactured non- (e) A public entity wishing to apply for an public entity. (e) The public entity shall include with its rail vehicles by public entities operating extension of the January 1, 2000, deadline for fixed route systems. key station accessibility shall include a re- waiver request a copy of the initial solicita- quest for an extension with its plan submit- tion and written documentation from the (a) This section applies to any public en- ted to the General Counsel under paragraph bus manufacturer of its good faith efforts to tity operating a fixed route system which (d) of this section. Extensions may be grant- obtain lifts in time to comply with the solic- takes one of the following actions: ed only with respect to key stations which itation, and a full justification for the asser- (1) After January 31, 1997, remanufactures need extraordinarily expensive structural tion that the delay in bus procurement need- a bus or other vehicle so as to extend its use- changes to, or replacement of, existing fa- ed to obtain a lift-equipped bus would sig- ful life for five years or more or makes a so- cilities (e.g., installations of elevators, rais- nificantly impair transportation services in licitation for such remanufacturing; or ing the entire passenger platform, or alter- the community. This documentation shall (2) Purchases or leases a bus or other vehi- nations of similar magnitude and cost). Re- include a specific date at which the lifts cle which has been remanufactured so as to quests for extensions shall provide for com- could be supplied, copies of advertisements extend its useful life for five years or more, pletion of key station accessibility within in trade publications and inquiries to trade where the purchase or lease occurs after Jan- the time limits set forth in paragraph (c) of associations seeking lifts, and documenta- uary 31, 1997, and during the period in which this section. The General Counsel may ap- tion of the public hearing. the useful life of the vehicle is extended. (b) Vehicles acquired through the actions prove, approve with conditions, modify, or (f) Any waiver granted by the General listed in paragraph (a) of this section shall, disapprove any request for an extension. Counsel under this section shall be subject to the following conditions: to the maximum extent feasible, be readily §§ 37.49—37.59 [Reserved] (1) The waiver shall apply only to the par- accessible to and usable by individuals with § 37.61 Public transportation programs and ac- ticular bus delivery to which the waiver re- disabilities, including individuals who use tivities in existing facilities. quest pertains; wheelchairs. (a) A public entity shall operate a des- (2) The waiver shall include a termination (c) For purposes of this section, it shall be ignated public transportation program or ac- date, which will be based on information considered feasible to remanufacture a bus tivity conducted in an existing facility so concerning when lifts will become available or other motor vehicle so as to be readily ac- that, when viewed in its entirety, the pro- for installation on the new buses the public cessible to and usable by individuals with gram or activity is readily accessible to and entity is purchasing. Buses delivered after disabilities, including individuals who use usable by individuals with disabilities. this date, even though procured under a so- wheelchairs, unless an engineering analysis (b) This section does not require a public licitation to which a waiver applied, shall be demonstrates that including accessibility entity to make structural changes to exist- equipped with lifts; features required by this part would have a ing facilities in order to make the facilities (3) Any bus obtained subject to the waiver significant adverse effect on the structural accessible by individuals who use wheel- shall be capable of accepting a lift, and the integrity of the vehicle. chairs, unless and to the extent required by public entity shall install a lift as soon as (d) If a public entity operates a fixed route § 37.43 (with respect to alterations) or § 37.47 one becomes available; system, any segment of which is included on

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H122 CONGRESSIONAL RECORD — HOUSE January 9, 1997 the National Register of Historic Places, and rapid or light rail vehicle for use on the sys- make (or purchase or lease a remanufactured if making a vehicle of historic character tem shall ensure that the vehicle is readily vehicle with) those modifications that do not used solely on such segment readily acces- accessible to and usable by individuals with alter the historic character of such vehicle. sible to and usable by individuals with dis- disabilities, including individuals who use (e) A public entity operating a fixed route abilities would significantly alter the his- wheelchairs. system as described in paragraph (d) of this toric character of such vehicle, the public § 37.81 Purchase or lease of used rail vehicles section may apply in writing to the General entity has only to make (or purchase or by public entities operating rapid or light Counsel for a determination of the historic lease a remanufactured vehicle with) those rail systems. character of the vehicle. The General Coun- modifications to make the vehicle accessible (a) Except as provided elsewhere in this sel shall refer such requests to the National which do not alter the historic character of section, each public entity operating a rapid Register of Historic Places and shall rely on such vehicle, in consultation with the Na- or light rail system which, after January 31, its advice in making a determination of the tional Register of Historic Places. 1997, purchases or leases a used rapid or light historic character of the vehicle. (e) A public entity operating a fixed route rail vehicle for use on the system shall en- §§ 37.85—37.91 [Reserved] system as described in paragraph (d) of this sure that the vehicle is readily accessible to § 37.93 One car per train rule. section may apply in writing to the General and usable by individuals with disabilities, Counsel for a determination of the historic (a) The definition of accessible for purposes including individuals who use wheelchairs. character of the vehicle. The General Coun- of meeting the one car per train rule is (b) A public entity may purchase or lease a spelled out in the applicable subpart for each sel shall refer such requests to the National used rapid or light rail vehicle for use on its Register of Historic Places, and shall rely on transportation system type in part 38 of rapid or light rail system that is not readily these regulations. its advice in making determinations of the accessible to and usable by individuals if, (b) Each public entity providing light or historic character of the vehicle. after making demonstrated good faith ef- rapid rail service shall ensure that each § 37.77 Purchase or lease of new non-rail vehi- forts to obtain an accessible vehicle, it is un- train, consisting of two or more vehicles, in- cles by public entities operating a demand able to do so. cludes at least one car that is readily acces- responsive system for the general public. (c) Good faith efforts shall include at least sible to and usable by individuals with dis- (a) Except as provided in this section, a the following steps: abilities, including individuals who use public entity operating a demand responsive (1) The initial solicitation for used vehicles wheelchairs, as soon as practicable but in no system for the general public making a solic- made by the public entity specifying that all case later than December 31, 2001. itation after January 31, 1997, to purchase or used vehicles were to be accessible to and us- lease a new bus or other new vehicle for use able by individuals with disabilities, or, if a § 37.95 [Reserved] on the system, shall ensure that the vehicle solicitation is not used, a documented com- §§ 37.97—37.99 [Reserved] is readily accessible to and usable by individ- munication so stating; Subpart E—Acquisition of Accessible uals with disabilities, including individuals (2) A nationwide search for accessible vehi- Vehicles by Covered Entities. cles, involving specific inquiries to manufac- who use wheelchairs. § 37.10 Purchase or lease of vehicles by covered (b) If the system, when viewed in its en- turers and other transit providers; and entities not primarily engaged in the busi- tirety, provides a level of service to individ- (3) Advertising in trade publications and ness of transporting people. uals with disabilities, including individuals contacting trade associations. who use wheelchairs, equivalent to the level (d) Each public entity purchasing or leas- (a) Application. This section applies to all of service it provides to individuals without ing used rapid or light rail vehicles that are purchases or leases of vehicles by covered en- disabilities, it may purchase new vehicles not readily accessible to and usable by indi- tities which are not primarily engaged in the that are not readily accessible to and usable viduals with disabilities shall retain docu- business of transporting people, in which a by individuals with disabilities. mentation of the specific good faith efforts it solicitation for the vehicle is made after (c) For purposes of this section, a demand made for three years from the date the vehi- January 31, 1997. responsive system, when viewed in its en- cles were purchased. These records shall be (b) Fixed Route System, Vehicle Capacity tirety, shall be deemed to provide equivalent made available, on request, to the General Over 16. If the entity operates a fixed route service if the service available to individuals Counsel and the public. system and purchases or leases a vehicle with disabilities, including individuals who § 37.83 Remanufacture of rail vehicles and pur- with a seating capacity of over 16 passengers use wheelchairs, is provided in the most inte- chase or lease of remanufactured rail vehi- (including the driver) for use on the system, grated setting appropriate to the needs of cles by public entities operating rapid or it shall ensure that the vehicle is readily ac- the individual and is equivalent to the serv- light rail systems. cessible to and usable by individuals with ice provided other individuals with respect (a) This section applies to any public en- disabilities, including individuals who use to the following service characteristics: tity operating a rapid or light rail system wheelchairs. (1) Response time; which takes one of the following actions: (c) Fixed Route System, Vehicle Capacity of (2) Fares; (1) After January 31, 1997, remanufactures 16 or Fewer. If the entity operates a fixed (3) Geographic area of service; a light or rapid rail vehicle so as to extend route system and purchases or leases a vehi- (4) Hours and days of service; its useful life for five years or more or makes cle with a seating capacity of 16 or fewer pas- (5) Restrictions or priorities based on trip a solicitation for such remanufacturing; sengers (including the driver) for use on the purpose; (2) Purchases or leases a light or rapid rail system, it shall ensure that the vehicle is (6) Availability of information and reserva- vehicle which has been remanufactured so as readily accessible to and usable by individ- tions capability; and to extend its useful life for five years or uals with disabilities, including individuals (7) Any constraints on capacity or service more, where the purchase or lease occurs who use wheelchairs, unless the system, availability. after January 31, 1997, and during the period when viewed in its entirety, meets the stand- (d) A public entity, which determines that in which the useful life of the vehicle is ex- ard for equivalent service of § 37.105 of this its service to individuals with disabilities is tended. part. equivalent to that provided other persons (b) Vehicles acquired through the actions (d) Demand Responsive System, Vehicle Ca- shall, before any procurement of an inacces- listed in paragraph (a) of this section shall, pacity Over 16. If the entity operates a de- sible vehicle, make a certificate that it pro- to the maximum extent feasible, be readily mand responsive system, and purchases or vides equivalent service meeting the stand- accessible to and usable by individuals with leases a vehicle with a seating capacity of ards of paragraph (c) of this section. A public disabilities, including individuals who use over 16 passengers (including the driver) for entity shall make such a certificate and re- wheelchairs. use on the system, it shall ensure that the tain it in its files, subject to inspection on (c) For purposes of this section, it shall be vehicle is readily accessible to and usable by request of the General Counsel. All certifi- considered feasible to remanufacture a rapid individuals with disabilities, including indi- cates under this paragraph may be made in or light rail vehicle so as to be readily acces- viduals who use wheelchairs, unless the sys- connection with a particular procurement or sible to and usable by individuals with dis- tem, when viewed in its entirety, meets the in advance of a procurement; however, no abilities, including individuals who use standard for equivalent service of § 37.105 of certificate shall be valid for more than one wheelchairs, unless an engineering analysis this part. year. demonstrates that doing so would have a sig- (e) Demand Responsive System, Vehicle Ca- (e) The waiver mechanism set forth in nificant adverse effect on the structural in- pacity of 16 or Fewer. Entities providing de- § 37.71(b)–(g) (unavailability of lifts) of this tegrity of the vehicle. mand responsive transportation covered subpart shall also be available to public enti- (d) If a public entity operates a rapid or under this section are not specifically re- ties operating a demand responsive system light rail system any segment of which is in- quired to ensure that new vehicles with seat- for the general public. cluded on the National Register of Historic ing capacity of 16 or fewer are accessible to § 37.79 Purchase or lease of new rail vehicles by Places and if making a rapid or light rail ve- individuals with wheelchairs. These entities public entities operating rapid or light rail hicle of historic character used solely on are required to ensure that their systems, systems. such segment readily accessible to and usa- when viewed in their entirety, meet the Each public entity operating a rapid or ble by individuals with disabilities would equivalent service requirements of §§ 37.171 light rail system making a solicitation after significantly alter the historic character of and 37.105, regardless of whether or not the January 31, 1997, to purchase or lease a new such vehicle, the public entity need only entities purchase a new vehicle.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H123 § 37.103 [Reserved] with such assistance, to board, ride and dis- (3) In order to be considered as ‘‘accom- § 37.105 Equivalent service standard. embark from any vehicle which is readily ac- panying’’ the eligible individual for purposes For purposes of §37.101 of this part, a fixed cessible to and usable by individuals with of this paragraph, the other individual(s) route system or demand responsive system, disabilities if the individual wants to travel shall have the same origin and destination as when viewed in its entirety, shall be deemed on a route on the system during the hours of the eligible individual. to provide equivalent service if the service operation of the system at a time, or within § 37.125 CAA paratransit eligibility: process. available to individuals with disabilities, in- a reasonable period of such time, when such Each public entity required to provide cluding individuals who use wheelchairs, is a vehicle is not being used to provide des- complementary paratransit service by provided in the most integrated setting ap- ignated public transportation on the route. § 37.121 of this part shall establish a process propriate to the needs of the individual and (i) An individual is eligible under this for determining CAA paratransit eligibility. is equivalent to the service provided other paragraph with respect to travel on an other- (a) The process shall strictly limit CAA individuals with respect to the following wise accessible route on which the boarding paratransit eligibility to individuals speci- service characteristics: or disembarking location which the individ- fied in § 37.123 of this part. (a)(1) Schedules/headways (if the system is ual would use is one at which boarding or (b) All information about the process, ma- fixed route); disembarking from the vehicle is precluded terials necessary to apply for eligibility, and (2) Response time (if the system is demand as provided in § 37.167(g) of this part. notices and determinations concerning eligi- responsive); (ii) An individual using a common wheel- bility shall be made available in accessible (b) Fares; chair is eligible under this paragraph if the formats, upon request. (c) Geographic area of service; individual’s wheelchair cannot be accommo- (c) If, by a date 21 days following the sub- (d) Hours and days of service; dated on an existing vehicle (e.g., because mission of a complete application, the entity (e) Availability of information; the vehicle’s lift does not meet the standards has not made a determination of eligibility, (f) Reservations capability (if the system is of part 38 of these regulations), even if that the applicant shall be treated as eligible and demand responsive); vehicle is accessible to other individuals provided service until and unless the entity (g) Any constraints on capacity or service with disabilities and their mobility wheel- denies the application. availability; chairs. (d) The entity’s determination concerning (h) Restrictions priorities based on trip (iii) With respect to rail systems, an indi- eligibility shall be in writing. If the deter- purpose (if the system is demand responsive). vidual is eligible under this paragraph if the mination is that the individual is ineligible, individual could use an accessible rail sys- the determination shall state the reasons for §§ 37.107—37.109 [Reserved] the finding. §§ 37.111—37.119 [Reserved] tem, but (A) there is not yet one accessible car per (e) The public entity shall provide docu- Subpart F—Paratransit as a Complement to train on the system; or mentation to each eligible individual stating Fixed Route Service (B) key stations have not yet been made that he or she is ‘‘CAA Paratransit Eligible.’’ § 37.121 Requirement for comparable com- accessible. The documentation shall include the name of plementary paratransit service. (3) Any individual with a disability who the eligible individual, the name of the tran- (a) Except as provided in paragraph (c) of has a specific impairment-related condition sit provider, the telephone number of the en- this section, each public entity operating a which prevents such individual from travel- tity’s paratransit coordinator, an expiration fixed route system shall provide paratransit ing to a boarding location or from a dis- date for eligibility, and any conditions or limitations on the individual’s eligibility in- or other special service to individuals with embarking location on such system. cluding the use of a personal care attendant. disabilities that is comparable to the level of (i) Only a specific impairment-related con- dition which prevents the individual from (f) The entity may require recertification service provided to individuals without dis- of the eligibility of CAA paratransit eligible abilities who use the fixed route system. traveling to a boarding location or from a disembarking location is a basis for eligi- individuals at reasonable intervals. (b) To be deemed comparable to fixed route (g) The entity shall establish an adminis- service, a complementary paratransit sys- bility under this paragraph. A condition which makes traveling to boarding location trative appeal process through which indi- tem shall meet the requirements of §§ 37.123– viduals who are denied eligibility can obtain 37.133 of this subpart. The requirement to or from a disembarking location more dif- ficult for a person with a specific impair- review of the denial. comply with § 37.131 may be modified in ac- (1) The entity may require that an appeal ment-related condition than for an individ- cordance with the provisions of this subpart be filed within 60 days of the denial of an in- ual who does not have the condition, but relating to undue financial burden. dividual’s application. (c) Requirements for complementary para- does not prevent the travel, is not a basis for (2) The process shall include an oppor- transit do not apply to commuter bus sys- eligibility under this paragraph. tunity to be heard and to present informa- (ii) Architectural barriers not under the tems. tion and arguments, separation of functions control of the public entity providing fixed (i.e., a decision by a person not involved with § 37.123 CAA paratransit eligibility—standards. route service and environmental barriers the initial decision to deny eligibility), and (a) Public entities required by § 37.121 of (e.g., distance, terrain, weather) do not, written notification of the decision, and the this subpart to provide complementary para- standing alone, form a basis for eligibility transit service shall provide the service to reasons for it; under this paragraph. The interaction of (3) The entity is not required to provide the CAA paratransit eligible individuals de- such barriers with an individual’s specific paratransit service to the individual pending scribed in paragraph (e) of this section. impairment-related condition may form a the determination on appeal. However, if the (b) If an individual meets the eligibility basis for eligibility under this paragraph, if entity has not made a decision within 30 criteria of this section with respect to some the effect is to prevent the individual from days of the completion of the appeal process, trips but not others, the individual shall be traveling to a boarding location or from a the entity shall provide paratransit service CAA paratransit eligible only for those trips disembarking location. from that time until and unless a decision to for which he or she meets the criteria. (f) Individuals accompanying a CAA para- deny the appeal is issued. (c) Individuals may be CAA paratransit eli- transit eligible individual shall be provided (h) The entity may establish an adminis- gible on the basis of a permanent or tem- service as follows: trative process to suspend, for a reasonable porary disability. (1) One other individual accompanying the period of time, the provision of complemen- (d) Public entities may provide com- CAA paratransit eligible individual shall be tary paratransit service to CAA eligible indi- plementary paratransit service to persons provided service. viduals who establish a pattern of practice of other than CAA paratransit eligible individ- (i) If the CAA paratransit eligible individ- missing scheduled trips. uals. However, only the cost of service to ual is traveling with a personal care attend- (1) Trips missed by the individual for rea- CAA paratransit eligible individuals may be ant, the entity shall provide service to one sons beyond his or her control (including, considered in a public entity’s request for an other individual in addition to the attendant but not limited to, trips which are missed undue financial burden waiver under who is accompanying the eligible individual. due to operator error) shall not be a basis for §§ 37.151–37.155 of this part. (ii) A family member or friend is regarded determining that such a pattern or practice (e) The following individuals are CAA para- as a person accompanying the eligible indi- exists. transit eligible: vidual, and not as a personal care attendant, (2) Before suspending service, the entity (1) Any individual with a disability who is unless the family member or friend reg- shall take the following steps: unable, as the result of a physical or mental istered is acting in the capacity of a personal (i) Notify the individual in writing that the impairment (including a vision impairment), care attendant; entity proposes to suspend service, citing and without the assistance of another indi- (2) Additional individuals accompanying with specificity the basis of the proposed vidual (except the operator of a wheelchair the CAA paratransit eligible individual shall suspension and setting forth the proposed lift or other boarding assistance device), to be provided service, provided that space is sanction; board, ride, or disembark from any vehicle available for them on the paratransit vehicle (ii) Provide the individual an opportunity on the system which is readily accessible to carrying the CAA paratransit eligible indi- to be heard and to present information and and usable by individuals with disabilities. vidual and that transportation of the addi- arguments; (2) Any individual with a disability who tional individuals will not result in a denial (iii) Provide the individual with written needs the assistance of a wheelchair lift or of service to CAA paratransit eligible indi- notification of the decision and the reasons other boarding assistance device and is able, viduals. for it.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H124 CONGRESSIONAL RECORD — HOUSE January 9, 1997 (3) The appeals process of paragraph (g) of from three fourths of a mile up to one and (e) Hours and Days of Service. The com- this section is available to an individual on one half miles on each side of a fixed route, plementary paratransit service shall be whom sanctions have been imposed under based on local circumstances. available throughout the same hours and this paragraph. The sanction is stayed pend- (iv) For purposes of this paragraph, the days as the entity’s fixed route service. ing the outcome of the appeal. core service area is that area in which cor- (f) Capacity Constraints. The entity shall (i) In applications for CAA paratransit eli- ridors with a width of three-fourths of a mile not limit the availability of complementary gibility, the entity may require the appli- on each side of each fixed route merge to- paratransit service to CAA paratransit eligi- cant to indicate whether or not he or she gether such that, with few and small excep- ble individuals by any of the following: travels with a personal care attendant. tions, all origins and destinations within the (1) Restrictions on the number of trips an § 37.127 Complementary paratransit service for area would be served. individual will be provided; visitors. (2) Rail. (i) For rail systems, the service (2) Waiting lists for access to the service; area shall consist of a circle with a radius of or (a) Each public entity required to provide 3⁄4 of a mile around each station. (3) Any operational pattern or practice complementary paratransit service under (ii) At end stations and other stations in that significantly limits the availability of § 37.121 of this part shall make the service outlying areas, the entity may designate cir- service to CAA paratransit eligible persons. available to visitors as provided in this sec- cles with radii of up to 11⁄2 miles as part of (i) Such patterns or practices include, but tion. its service area, based on local cir- are not limited to, the following: (b) For purposes of this section, a visitor is cumstances. (A) Substantial numbers of significantly an individual with disabilities who does not (3) Jurisdictional Boundaries. Notwithstand- untimely pickups for initial or return trips; reside in the jurisdiction(s) served by the ing any other provision of this paragraph, an (B) Substantial numbers of trip denials or public entity or other entities with which entity is not required to provide paratransit missed trips; the public entity provides coordinated com- service in an area outside the boundaries of (C) Substantial numbers of trips with ex- plementary paratransit service within a re- the jurisdiction(s) in which it operates, if the cessive trip lengths. gion. entity does not have legal authority to oper- (ii) Operational problems attributable to (c) Each public entity shall treat as eligi- ate in that area. The entity shall take all causes beyond the control of the entity (in- ble for its complementary paratransit serv- practicable steps to provide paratransit serv- cluding, but not limited to, weather or traf- ice all visitors who present documentation ice to any part of its service area. fic conditions affecting all vehicular traffic that they are CAA paratransit eligible, (b) Response Time. The entity shall sched- that were not anticipated at the time a trip under the criteria of § 37.125 of this part, in ule and provide paratransit service to any was scheduled) shall not be a basis for deter- the jurisdiction in which they reside. CAA paratransit eligible person at any re- mining that such a pattern or practice ex- (d) With respect to visitors with disabil- quested time on a particular day in response ists. ities who do not present such documenta- to a request for service made the previous (g) Additional Service. Public entities may tion, the public entity may require the docu- day. Reservations may be taken by reserva- provide complementary paratransit service mentation of the individual’s place of resi- tion agents or by mechanical means. to CAA paratransit eligible individuals ex- dence and, if the individual’s disability is not (1) The entity shall make reservation serv- ceeding that provided for in this section. apparent, of his or her disability. The entity ice available during at least all normal busi- However, only the cost of service provided shall provide paratransit service to individ- ness hours of the entity’s administrative of- for in this section may be considered in a uals with disabilities who qualify as visitors fices, as well as during times, comparable to public entity’s request for an undue financial under paragraph (b) of this section. The en- normal business hours, on a day when the en- burden waiver under §§ 37.151–37.155 of this tity shall accept a certification by such indi- tity’s offices are not open before a service part. viduals that they are unable to use fixed day. § 37.133 Subscription Service. route transit. (2) The entity may negotiate pickup times (e) A public entity shall make the service (a) This part does not prohibit the use of with the individual, but the entity shall not subscription service by public entities as to a visitor required by this section available require a CAA paratransit eligible individual for any combination of 21 days during any part of a complementary paratransit system, to schedule a trip to begin more than one subject to the limitations in this section. 365-day period beginning with the visitor’s hour before or after the individual’s desired first use of the service during such 365-day (b) Subscription service may not absorb departure time. more than fifty percent of the number of period. In no case shall the public entity re- (3) The entity may use real-time schedul- quire a visitor to apply for or receive eligi- trips available at a given time of day, unless ing in providing complementary paratransit there is excess non-subscription capacity. bility certification from the public entity be- service. fore receiving the service by this section. (c) Notwithstanding any other provision of (4) The entity may permit advance reserva- this part, the entity may establish waiting § 37.129 Types of service. tions to be made up to 14 days in advance of lists or other capacity constraints and trip (a) Except as provided in this section, com- a CAA paratransit eligible individual’s de- purpose restrictions or priorities for partici- plementary paratransit service for CAA sired trips. When an entity proposes to pation in the subscription service only. change its reservations system, it shall com- paratransit eligible persons shall be origin- § 37.135 Submission of paratransit plan. to-destination service. ply with the public participation require- (b) Complementary paratransit service for ments equivalent to those of § 37.131(b) and (a) General. Each public entity operating CAA paratransit eligible persons described in (c). fixed route transportation service, which is § 37.123(e)(2) of this part may also be provided (c) Fares. The fare for a trip charged to a required by § 37.121 to provide complemen- by on-call bus service or paratransit feeder CAA paratransit eligible user of the com- tary paratransit service, shall develop a service to an accessible fixed route, where plementary paratransit service shall not ex- paratransit plan. (b) Initial Submission. Except as provided in such service enables the individual to use the ceed twice the fare that would be charged to § 37.141 of this part, each entity shall submit fixed route bus system for his or her trip. an individual paying full fare (i.e., without its initial plan for compliance with the com- (c) Complementary paratransit service for regard to discounts) for a trip of similar plementary paratransit service provision by CAA eligible persons described in length, at a similar time of day, on the enti- June 1, 1998, to the appropriate location § 37.123(e)(3) of this part also may be provided ty’s fixed route system. identified in paragraph (f) of this section. by paratransit feeder service to and/or from (1) In calculating the full fare that would (c) Annual Updates. Except as provided in an accessible fixed route. be paid by an individual using the fixed route system, the entity may include transfer and this paragraph, each entity shall submit its § 37.131 Service criteria for complementary premium charges applicable to a trip of simi- annual update to the plan on June 1 of each paratransit. lar length, at a similar time of day, on the succeeding year. The following service criteria apply to fixed route system. (1) If an entity has met and is continuing complementary paratransit required by (2) The fares for individuals accompanying to meet all requirements for complementary § 37.121 of this part. CAA paratransit eligible individuals, who are paratransit in §§ 37.121–37.133 of this part, the (a) Service Area—(1) Bus. (i) The entity provided service under § 37.123(f) of this part, entity may submit to the General Counsel an shall provide complementary paratransit shall be the same as for the CAA paratransit annual certification of continued compliance service to origins and destinations within eligible individuals they are accompanying. in lieu of a plan update. Entities that have corridors with a width of three-fourths of a (3) A personal care attendant shall not be submitted a joint plan under § 37.141 may mile on each side of each fixed route. The charged for complementary paratransit serv- submit a joint certification under this para- corridor shall include an area with a three- ice. graph. The requirements of §§ 37.137 (a) and fourths of a mile radius at the ends of each (4) The entity may charge a fare higher (b), 37.138 and 37.139 do not apply when a cer- fixed route. than otherwise permitted by this paragraph tification is submitted under this paragraph. (ii) Within the core service area, the entity to a social service agency or other organiza- (2) In the event of any change in cir- also shall provide service to small areas not tion for agency trips (i.e., trips guaranteed cumstances that results in an entity which inside any of the corridors but which are sur- to the organization). has submitted a certification of continued rounded by corridors. (d) Trip Purpose Restrictions. The entity compliance falling short of compliance with (iii) Outside the core service area, the en- shall not impose restrictions or priorities §§ 37.121–37.133, the entity shall immediately tity may designate corridors with widths based on trip purpose. notify the General Counsel in writing of the

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H125 problem. In this case, the entity shall also (c) Ongoing requirement. The entity shall milestones for implementing phases of the file a plan update meeting the requirements create an ongoing mechanism for the partici- plan, with progress that can be objectively of §§ 37.137–37.139 of this part on the next fol- pation of individuals with disabilities in the measured yearly; lowing June 1 and in each succeeding year continued development and assessment of (6) A budget for comparable paratransit until the entity returns to full compliance. services to persons with disabilities. This in- service, including capital and operating ex- (3) An entity that has demonstrated undue cludes, but is not limited to, the develop- penditures over five years. financial burden to the General Counsel shall ment of the initial plan, any request for an (e) A description of the process used to cer- file a plan update meeting the requirements undue financial burden waiver, and each an- tify individuals with disabilities as CAA of §§ 37.137–37.139 of this part on each June 1 nual submission. paratransit eligible. At a minimum, this until full compliance with §§ 37.121–37.133 is § 37.139 Plan contents. must include— attained. (1) A description of the application and cer- Each plan shall contain the following in- (4) If the General Counsel reasonably be- tification process, including— formation: lieves that an entity may not be fully com- (i) The availability of information about (a) Identification of the entity or entities plying with all service criteria, the General the process and application materials in ac- submitting the plan, specifying for each— Counsel may require the entity to provide an cessible formats; (1) Name and address; and annual update to its plan. (ii) The process for determining eligibility (2) Contact person for the plan, with tele- (d) Phase-in of Implementation. Each plan according to the provisions of §§ 37.123–37.125 phone number and facsimile telephone num- shall provide for full compliance by no later of this part and notifying individuals of the ber (FAX), if applicable. than June 1, 2003, unless the entity has re- determination made; (b) A description of the fixed route system (iii) The entity’s system and timetable for ceived a waiver based on undue financial bur- as of January 1, 1997 (or subsequent year for processing applications and allowing pre- den. If the date for full compliance specified annual updates), including— sumptive eligibility; and in the plan is after June 1, 1999, the plan (1) A description of the service area, route (iv) The documentation given to eligible shall include milestones, providing for meas- structure, days and hours of service, fare individuals. ured, proportional progress toward full com- structure, and population served. This in- (2) A description of the administrative ap- pliance. cludes maps and tables, if appropriate; peals process for individuals denied eligi- (e) Plan Implementation. Each entity shall (2) The total number of vehicles (bus, van, bility. begin implementation of its plan on June 1, or rail) operated in fixed route service (in- (3) A policy for visitors, consistent with 1998. cluding contracted service), and percentage § 37.127 of this part. (f) Submission Locations. An entity shall of accessible vehicles and percentage of (f) Description of the public participation submit its plan to the General Counsel’s of- routes accessible to and usable by persons process including— fice. with disabilities, including persons who use (1) Notice given of opportunity for public § 37.137 Paratransit plan development. wheelchairs; comment, the date(s) of completed public (a) Survey of existing services. Each submit- (3) Any other information about the fixed hearing(s), availability of the plan in acces- ting entity shall survey the area to be cov- route service that is relevant to establishing sible formats, outreach efforts, and consulta- ered by the plan to identify any person or en- the basis for comparability of fixed route and tion with persons with disabilities. tity (public or covered) which provides a paratransit service. (2) A summary of significant issues raised paratransit or other special transportation (c) A description of existing paratransit during the public comment period, along service for CAA paratransit eligible individ- services, including: with a response to significant comments and uals in the service area to which the plan ap- (1) An inventory of service provided by the discussion of how the issues were resolved. plies. public entity submitting the plan; (g) Efforts to coordinate service with other (b) Public participation. (2) An inventory of service provided by entities subject to the complementary para- Each submitting entity shall ensure public other agencies or organizations, which may transit requirements of this part which have participation in the development of its para- in whole or in part be used to meet the re- overlapping or contiguous service areas or transit plan, including at least the following: quirement for complementary paratransit jurisdictions. (h) The following endorsements or certifi- (1) Outreach. Each submitting entity shall service; and cations. solicit participation in the development of (3) A description of the available para- (1) a resolution adopted by the entity au- its plan by the widest range of persons an- transit services in paragraphs (c)(2) and (c)(3) thorizing the plan, as submitted. If more ticipated to use its paratransit service. Each of this section as they relate to the service than one entity is submitting the plan there entity shall develop contacts, mailing lists criteria described in § 37.131 of this part of must be an authorizing resolution from each and other appropriate means for notification service area, response time, fares, restric- board. If the entity does not function with a of opportunities to participate in the devel- tions on trip purpose, hours and days of serv- board, a statement shall be submitted by the opment of the paratransit plan. ice, and capacity constraints; and to the re- entity’s chief executive; (2) Consultation with individuals with disabil- quirements of CAA paratransit eligibility. (2) a certification that the survey of exist- ities. Each entity shall contact individuals (d) A description of the plan to provide ing paratransit service was conducted as re- with disabilities and groups representing comparable paratransit, including: quired in § 37.137(a) of this part; them in the community. Consultation shall (1) An estimate of demand for comparable (3) To the extent service provided by other begin at an early stage in the plan develop- paratransit service by CAA eligible individ- entities is included in the entity’s plan for ment and should involve persons with dis- uals and a brief description of the demand es- comparable paratransit service, the entity abilities in all phases of plan development. timation methodology used; must certify that: All documents and other information con- (2) An analysis of differences between the (i) CAA paratransit eligible individuals cerning the planning procedure and the pro- paratransit service currently provided and have access to the service; vision of service shall be available, upon re- what is required under this part by the en- (ii) The service is provided in the manner quest, to members of the public, except tity(ies) submitting the plan and other enti- represented; and where disclosure would be an unwarranted ties, as described in paragraph (c) of this sec- (iii) Efforts will be made to coordinate the invasion of personal privacy. tion; provision of paratransit service by other pro- (3) Opportunity for public comment. The sub- (3) A brief description of planned modifica- viders. mitting entity shall make its plan available tions to existing paratransit and fixed route (i) a request for a waiver based on undue fi- for review before the plan is finalized. In service and the new paratransit service nancial burden, if applicable. The waiver re- making the plan available for public review, planned to comply with the CAA paratransit quest should include information sufficient the entity shall ensure that the plan is avail- service criteria; for the General Counsel to consider the fac- able upon request in accessible formats. (4) A description of the planned com- tors in § 37.155 of this part. If a request for an (4) Public hearing. The entity shall sponsor parable paratransit service as it relates to undue financial burden waiver is made, the at a minimum one public hearing and shall each of the service criteria described in plan must include a description of additional provide adequate notice of the hearing, in- § 37.131 of this part—service area, absence of paratransit services that would be provided cluding advertisement in appropriate media, restrictions or priorities based on trip pur- to achieve full compliance with the require- such as newspapers of general and special in- pose, response time, fares, hours and days of ment for comparable paratransit in the terest circulation and radio announcements; service, and lack of capacity constraints. If event the waiver is not granted, and the and the paratransit plan is to be phased in, this timetable for the implementation of these (5) Special requirements. If the entity in- paragraph shall be coordinated with the in- additional services. tends to phase-in its paratransit service over formation being provided in paragraphs (d)(5) (j) Annual plan updates. (1) The annual plan a multi-year period, or request a waiver and (d)(6) of this paragraph: updates submitted June 1, 1999, and annually based on undue financial burden, the public (5) A timetable for implementing com- thereafter, shall include information nec- hearing shall afford the opportunity for in- parable paratransit service, with a specific essary to update the information require- terested citizens to express their views con- date indicating when the planned service ments of this section. Information submitted cerning the phase-in, the request, and which will be completely operational. In no case annually must include all significant service criteria may be delayed in implemen- may full implementation be completed later changes and revisions to the timetable for tation. than June 1, 2003. The plan shall include implementation;

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H126 CONGRESSIONAL RECORD — HOUSE January 9, 1997 (2) If the paratransit service is being provisions are disapproved. Each entity shall that it is infeasible for the entity to provide phased in over more than one year, the en- amend its plan consistent with this informa- basic complementary paratransit service, tity must demonstrate that the milestones tion and resubmit the plan to the General the Administrator shall require the public identified in the current paratransit plans Counsel’s office within 90 days of receipt of entity to coordinate with other available have been achieved. If the milestones have the disapproval letter. providers of demand responsive service in not been achieved, the plan must explain any (b) Each entity revising its plan shall con- the area served by the public entity to maxi- slippage and what actions are being taken to tinue to comply with the public participa- mize the service to CAA paratransit eligible compensate for the slippage. tion requirements applicable to the initial individuals to the maximum extent feasible. (3) The annual plan must describe specifi- development of the plan (set out in § 37.137 of § 37.155 Factors in decision to grant an undue cally the means used to comply with the this part). financial burden waiver. public participation requirements, as de- § 37.151 Waiver for undue financial burden. scribed in § 37.137 of this part. (a) In making an undue financial burden If compliance with the service criteria of determination, the General Counsel will con- § 37.141 Requirements for a joint paratransit § 37.131 of this part creates an undue finan- plan. sider the following factors: cial burden, an entity may request a waiver (1) Effects on current fixed route service, (a) Two or more public entities with over- from all or some of the provisions if the en- including reallocation of accessible fixed lapping or contiguous service areas or juris- tity has complied with the public participa- route vehicles and potential reduction in dictions may develop and submit a joint plan tion requirements in § 37.137 of this part and service, measured by service miles; providing for coordinated paratransit serv- if the following conditions apply; (2) Average number of trips made by the ice. Joint plans shall identify the participat- (a) At the time of submission of the initial entity’s general population, on a per capita ing entities and indicate their commitment plan on June 1, 1998— basis, compared with the average number of to participate in the plan. (1) The entity determines that it cannot trips to be made by registered CAA para- (b) To the maximum extent feasible, all make measured progress toward compliance elements of the coordinated plan shall be transit eligible persons, on a per capita in any year before full compliance is re- basis; submitted on June 1, 1998. If a coordinated quired. For purposes of this part, measured plan is not completed by June 1, 1998, those (3) Reductions in other services, including progress means implementing milestones as other special services; entities intending to coordinate paratransit scheduled, such as incorporating an addi- service must submit a general statement de- (4) Increases in fares; tional paratransit service criterion or im- (5) Resources available to implement com- claring their intention to provide coordi- proving an aspect of a specific service cri- nated service and each element of the plan plementary paratransit service over the pe- terion. riod covered by the plan; specified in § 37.139 to the extent practicable. (b) At the time of its annual plan update In addition, the plan must include the fol- (6) Percentage of budget needed to imple- submission, if the entity believes that cir- ment the plan, both as a percentage of oper- lowing certifications from each entity in- cumstances have changed since its last sub- volved in the coordination effort; ating budget and a percentage of entire mission, and it is no longer able to comply (1) a certification that the entity is com- budget; by June 1, 2003, or make measured progress mitted to providing CAA paratransit service (7) The current level of accessible service, as part of a coordinate plan. in any year before 2003, as described in para- both fixed route and paratransit; (2) a certification from each public entity graph (a)(2) of this section. (8) Cooperation/coordination among area participating in the plan that it will main- § 37.153 General Counsel waiver determination. transportation providers; tain current levels of paratransit service (a) The General Counsel will determine (9) Evidence of increased efficiencies, that until the coordinated plan goes into effect. whether to grant a waiver for undue finan- have been or could be effectuated, that would (c) Entities submitting the above certifi- cial burden on a case-by-case basis, after benefit the level and quality of available re- cations and plan elements in lieu of a com- considering the factors identified in § 37.155 sources for complementary paratransit serv- pleted plan on June 1, 1998, must submit a of this part and the information accompany- ice; and complete plan by December 1, 1998. ing the request. If necessary, the General (10) Unique circumstances in the submit- (d) Filing of an individual plan does not Counsel will return the application with a ting entity’s area that affect the ability of preclude an entity from cooperating with request for additional information. the entity to provide paratransit, that mili- other entities in the development or imple- (b) Any waiver granted will be for a limited tate against the need to provide paratransit, mentation of a joint plan. An entity wishing and specified period of time. or in some other respect create a cir- to join with other entities after its initial (c) If the General Counsel grants the appli- cumstance considered exceptional by the submission may do so by meeting the filing cant a waiver, the General Counsel will do submitting entity. requirements of this section. one of the following: (b)(1) Costs attributable to complementary § 37.143 Paratransit plan implementation. (1) Require the public entity to provide paratransit shall be limited to costs of pro- (a) Each entity shall begin implementation complementary paratransit to the extent it viding service specifically required by this of its complementary paratransit plan, pend- can do so without incurring an undue finan- part to CAA paratransit eligible individuals, ing notice for the General Counsel. The im- cial burden. The entity shall make changes by entities responsible under this part for plementation of the plan shall be consistent in its plan that the General Counsel deter- providing such service. with the terms of the plan, including any mines are appropriate to maximize the com- (2) If the entity determines that it is im- specified phase-in period. plementary paratransit service that is pro- practicable to distinguish between trips (b) If the plan contains a request for a vided to CAA paratansit eligible individuals. mandated by the CAA and other trips on a waiver based on undue financial burden, the When making changes to its plan, the entity trip-by-trip basis, the entity shall attribute entity shall begin implementation of its shall use the public participation process to CAA complementary paratransit require- plan, pending a determination on its waiver specified for plan development and shall con- ments a percentage of its overall paratransit request. sider first a reduction in number of trips pro- costs. This percentage shall be determined § 37.145 [Reserved] vided to each CAA paratransit eligible per- by a statistically valid methodology that de- § 37.147 Considerations during General Counsel son per month, while attempting to meet all termines the percentage of trips that are re- review. other service criteria. quired by this part. The entity shall submit In reviewing each plan, at a minimum the (2) Require the public entity to provide information concerning its methodology and General Counsel will consider the following: basic complementary paratransit services to the data on which its percentage is based (a) Whether the plan was filed on time; all CAA paratransit eligible individuals, with its request for a waiver. Only costs at- (b) Comments submitted by the state, if even if doing so would cause the public en- tributable to CAA-mandated trips may be applicable; tity to incur an undue financial burden. considered with respect to a request for an (c) Whether the plan contains responsive Basic complementary paratransit service undue financial burden waiver. elements for each component required under shall include at least complementary para- (3) Funds to which the entity would be le- § 37.139 of this part; transit service in corridors defined as pro- gally entitled, but which, as a matter of (d) Whether the plan, when viewed in its vided in § 37.131(a) along the public entity’s state or local funding arrangements, are pro- entirety, provides for paratransit service key routes during core service hours. vided to another entity and used by that en- comparable to the entity’s fixed route serv- (i) For purposes of this section, key routes tity to provide paratransit service which is ice; are defined as routes along which there is part of a coordinated system of paratransit (e) Whether the entity complied with the service at least hourly throughout the day. meeting the requirements of this part, may public participation efforts required by this (ii) For purposes of this section, core serv- be counted in determining the burden associ- part; and ice hours encompass at least peak periods, as ated with the waiver request. (f) The extent to which efforts were made these periods are defined locally for fixed Subpart G—Provision of Service to coordinate with other public entities with route service, consistent with industry prac- overlapping or contiguous service areas or tice. § 37.161 Maintenance of accessible features: jurisdictions. (3) If the General Counsel determines that general. § 37.149 Disapproved plans. the public entity will incur an undue finan- (a) Public and covered entities providing (a) If a plan is disapproved in whole or in cial burden as the result of providing basic transportation services shall maintain in op- part, the General Counsel will specify which complementary paratransit service, such erative condition those features of facilities

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H127 and vehicles that are required to make the (f) Where necessary or upon request, the (2) This requirement applies to light rail vehicles and facilities readily accessible to entity’s personnel shall assist individuals and rapid rail systems only to the extent and usable by individuals with disabilities. with disabilities with the use of securement practicable. These features include, but are not limited systems, ramps and lifts. If it is necessary (3) The entity is not required to enforce to, lifts and other means of access to vehi- for the personnel to leave their seats to pro- the request that other passengers move from cles, securement devices, elevators, signage vide this assistance, they shall do so. priority seating areas or wheelchair secure- and systems to facilitate communications (g) The entity shall permit individuals ment locations. with persons with impaired vision or hear- with disabilities who do not use wheelchairs, (4) In all signage designating priority seat- ing. including standees, to use a vehicle’s lift or ing areas for elderly persons or persons with ramp to enter the vehicle. Provided that an (b) Accessibility features shall be repaired disabilities, or designating wheelchair se- entity is not required to permit such individ- promptly if they are damaged or out of curement areas, the entity shall include lan- uals to use a lift Model 141 manufactured by order. When an accessibility feature is out of guage informing persons siting in these loca- EEC, Inc. If the entity chooses not to allow order, the entity shall take reasonable steps tions that they should comply with requests such individuals to use such a lift, it shall to accommodate individuals with disabilities by transit provider personnel to vacate their clearly notify consumers of this fact by who would otherwise use the feature. seats to make room for an individual with a (c) This section does not prohibit isolated signage on the exterior of the vehicle (adja- disability. This requirement applies to all or temporary interruptions in service or ac- cent to and of equivalent size with the acces- fixed route vehicles when they are acquired cess due to maintenance or repairs. sibility symbol). by the entity or to new or replacement § 37.163 Keeping vehicle lifts in operative con- § 37.167 Other service requirements signage in the entity’s existing fixed route dition: public entities. (a) This section applies to public and cov- vehicles. (a) This section applies only to public enti- ered entities. § 37.169 Interim requirements for over-the-road ties with respect to lifts in non-rail vehicles. (b) On fixed route systems, the entity shall (b) The entity shall establish a system of announce stops as follows: bus service operated by covered entities. regular and frequent maintenance checks of (1) The entity shall announce at least at (a) Covered entities operating over-the- lifts sufficient to determine if they are oper- transfer points with other fixed routes, other road buses, in addition to compliance with ative. major intersections and destination points, other applicable provisions of this part, shall (c) The entity shall ensure that vehicle op- and intervals along a route sufficient to per- provide accessible service as provided in this erators report to the entity, by the most im- mit individuals with visual impairments or section. mediate means available, any failure of a lift other disabilities to be oriented to their lo- (b) The covered entity shall provide assist- to operate in service. cation. ance, as needed, to individuals with disabil- (2) The entity shall announce any stop on (d) Except as provided in paragraph (e) of ities in boarding and disembarking, includ- request of an individual with a disability. this section, when a lift is discovered to be ing moving to and from the bus seat for the inoperative, the entity shall take the vehicle (c) Where vehicles or other conveyances for more than one route serve the same stop, the purpose of boarding and disembarking. The out of service before the beginning of the ve- covered entity shall ensure that personnel hicle’s next service day and ensure that the entity shall provide a means by which an in- dividual with a visual impairment or other are trained to provide this assistance safely lift is repaired before the vehicle returns to and appropriately. service. disability can identify the proper vehicle to (c) To the extent that they can be accom- (e) If there is no spare vehicle available to enter or be identified to the vehicle operator modated in the areas of the passenger com- take the place of a vehicle with an inoper- as a person seeking a ride on a particular partment provided for passengers’ personal able lift, such that taking the vehicle out of route. effects, wheelchairs or other mobility aids service will reduce the transportation serv- (d) The entity shall permit service animals and assistive devices used by individuals ice the entity is able to provide, the public to accompany individuals with disabilities in with disabilities, or components of such de- entity may keep the vehicle in service with vehicles and facilities. (e) The entity shall ensure that vehicle op- vices, shall be permitted in the passenger an inoperable lift for no more than five days erators and other personnel make use of ac- compartment. When the bus is at rest at a (if the entity serves an area of 50,000 or less cessibility-related equipment or features re- stop, the driver or other personnel shall as- population) or three days (if the entity quired by part 38 of these regulations. sist individuals with disabilities with the serves an area of over 50,000 population) from (f) The entity shall make available to indi- stowage and retrieval of mobility aids, the day on which the lift is discovered to be viduals with disabilities adequate informa- assistive devices, or other items that can be inoperative. tion concerning transportation services. This (f) In any case in which a vehicle is operat- accommodated in the passenger compart- obligation includes making adequate com- ing on a fixed route with an inoperative lift, ment of the bus. munications capacity available, through ac- and the headway to the next accessible vehi- (d) Wheelchairs and other mobility aids or cessible formats and technology, to enable assistive devices that cannot be accommo- cle on the route exceeds 30 minutes, the en- users to obtain information and schedule tity shall promptly provide alternative dated in the passenger compartment (includ- service. ing electric wheelchairs) shall be accommo- transportation to individuals with disabil- (g) The entity shall not refuse to permit a dated in the baggage compartment of the ities who are unable to use the vehicle be- passenger who uses a lift to disembark from bus, unless the size of the baggage compart- cause its lift does not work. a vehicle at any designated stop, unless the ment prevents such accommodation. §37.165 Lift and securement use. lift cannot be deployed, the lift will be dam- (a) This section applies to public and cov- aged if it is deployed, or temporary condi- At any given stop, individuals with disabil- ered entities. tions at the stop, not under the control of ities shall have the opportunity to have their (b) All common wheelchairs and their users the entity, preclude the safe use of the stop wheelchairs or other mobility aids or shall be transported in the entity’s vehicles by all passengers. assistive devices stowed in the baggage com- or other conveyances. The entity is not re- (h) The entity shall not prohibit an indi- partment before other baggage or cargo is quired to permit wheelchairs to ride in vidual with a disability from traveling with loaded, but baggage or cargo already on the places other than designated securement lo- a respirator or portable oxygen supply, con- bus does not have to be off-loaded in order to cations in the vehicle, where such locations sistent with applicable Department of Trans- make room for such devices. exist. portation rules on the transportation of haz- (f) The entity may require up to 48 hours’ (c)(1) For vehicles complying with part 38 ardous materials. advance notice only for providing boarding of these regulations, the entity shall use the (i) The entity shall ensure that adequate assistance. If the individual does not provide securement system to secure wheelchairs as time is provided to allow individuals with such notice, the entity shall nonetheless pro- provided in that part. disabilities to complete boarding or dis- vide the service if it can do so by making a (2) For other vehicles transporting individ- embarking from the vehicle. reasonable effort, without delaying the bus uals who use wheelchairs, the entity shall (j)(1) When an individual with a disability service. enters a vehicle, and because of a disability, provide and use a securement system to en- § 37.171 Equivalency requirement for demand re- the individual needs to sit in a seat or oc- sure that the wheelchair remains within the sponsive service operated by covered entities cupy a wheelchair securement location, the securement area. not primarily engaged in the business of (3) The entity may require that an individ- entity shall ask the following person to transporting people. ual permit his or her wheelchair to be se- move in order to allow the individual with a cured. disability to occupy the seat or securement A covered entity not primarily engaged in (d) The entity may not deny transpor- location: the business of transporting people which op- tation to a wheelchair or its user on the (i) Individuals, except other individuals erates a demand responsive system shall en- ground that the device cannot be secured or with a disability or elderly persons, sitting sure that its system, when viewed in its en- restrained satisfactorily by the vehicle’s se- in a location designated as priority seating tirety, provides equivalent service to indi- curement system. for elderly and handicapped persons (or other viduals with disabilities, including individ- (3) The entity may recommend to a user of seat as necessary); uals who use wheelchairs, as it does to indi- a wheelchair that the individual transfer to (ii) Individuals sitting in a fold-down or viduals without disabilities. The standards of a vehicle seat. The entity may not require other movable seat in a wheelchair secure- § 37.105 shall be sued to determine if the en- the individual to transfer. ment location. tity is providing equivalent service.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H128 CONGRESSIONAL RECORD — HOUSE January 9, 1997 § 37.173 Training requirements of part 37 subpart F of the CAA in part 37 of these regulations for transpor- Each public or covered entity which oper- regulations. tation vehicles required to be accessible to ates a fixed route or demand responsive sys- llllllllllllllllllllllll section 210 of the Congressional Accountabil- tem shall ensure that personnel are trained signature ity Act (2 U.S.C. 1331, et seq.) which, inter llllllllllllllllllllllll to proficiency, as appropriate to their duties, alia, applies the rights and protections of the name of authorized official Americans with Disabilities Act (ADA) of so that they operate vehicles and equipment llllllllllllllllllllllll 1990 (42 U.S.C. 12101 et seq.) to covered enti- safely and properly assist and treat individ- title uals with disabilities who use the service in llllllllllllllllllllllll ties within the Legislative Branch. a respectful and courteous way, with appro- date § 38.2 Equivalent facilitation. priate attention to the differences among in- Joint Plan Certification II Departures from particular technical and dividuals with disabilities. This is to certify that (name of entity cov- scoping requirements of these guidelines by APPENDIX A TO PART 37—STANDARDS FOR ered by joint plan) will, in accordance with use of other designs and technologies are ACCESSIBLE TRANSPORTATION FACILITIES section 37.141 of the CAA regulations, main- permitted where the alternative designs and [Copies of this appendix may be obtained tain current levels of paratransit service technologies used will provide substantially from the Office of Compliance, Room LA 200, until the coordinated plan goes into effect. equivalent or greater access to and usability John Adams Building, 110 Second Street, llllllllllllllllllllllll of the vehicle. Departures are to be consid- S.E., Washington, D.C. 20540–1999.] signature ered on a case-by-case basis by the Office of Compliance under the procedures set forth in APPENDIX B TO PART 37—CERTIFICATIONS llllllllllllllllllllllll name of authorized official § 37.7 of these regulations. Certification of Equivalent Service llllllllllllllllllllllll § 38.3 Definitions. The (name of agency) certifies that its de- title See § 37.3 of these regulations. mand responsive service offered to individ- llllllllllllllllllllllll uals with disabilities, including individuals date § 38.4 Miscellaneous instructions. who use wheelchairs, is equivalent to the PART 38—CONGRESSIONAL ACCOUNT- (a) Dimensional conventions. Dimensions level and quality of service offered to indi- ABILITY ACT (CAA) ACCESSIBILITY that are not noted as minimum or maximum viduals without disabilities. Such service, GUIDELINES FOR TRANSPORTATION are absolute. when viewed in its entirety, is provided in VEHICLES (b) Dimensional tolerances. All dimensions the most integrated setting feasible and is are subject to conventional engineering tol- Subpart A—General equivalent with respect to: erances for material properties and field con- (1) Response time; Sec. ditions, including normal anticipated wear 38.1 Purpose. (2) Fares; not exceeding accepted industry-wide stand- 38.2 Equivalent facilitation. (3) Geographic service area; 38.3 Definitions. ards and practices. (4) Hours and days of service; 38.4 Miscellaneous instructions. (c) Notes. The text of these guidelines does (5) Restrictions on trip purpose; not contain notes or footnotes. Additional (6) Availability of information and reserva- Subpart B—Buses, Vans and Systems information, explanation, and advisory ma- tion capability; and 38.21 General. terials are located in the Appendix. (7) Constraints on capacity or service 38.23 Mobility aid accessibility. (d) General terminology. (1) Comply with availability. 38.25 Doors, steps and thresholds. means meet one or more specification of This certification is valid for no longer 38.27 Priority seating signs. these guidelines. 38.29 Interior circulation, handrails and than one year from its date of filing. (2) If, or if * * * then denotes a specifica- stanchions. llllllllllllllllllllllll tion that applies only when the conditions 38.31 Lighting. signature described are present. llllllllllllllllllllllll 38.33 Fare box. 38.35 Public information system. (3) May denotes as option or alternative. name of authorized official (4) Shall denotes a mandatory specification llllllllllllllllllllllll 38.37 Stop request. 38.39 Destination and route signs. or requirement. title (5) Should denotes an advisory specifica- Subpart C—Rapid Rail Vehicles and Systems llllllllllllllllllllllll tion or recommendation and is used only in date 38.51 General. the appendix to this part. 38.53 Doorways. Existing Paratransit Service Survey 38.55 Prority seating signs. Subpart B—Buses, Vans and Systems This is to certify that (name of public en- 38.57 Interior circulation, handrails and § 38.21 General. tity (ies)) has conducted a survey of existing stanchions. (a) New, used or remanufactured buses and paratransit services as required by section 38.59 Floor surfaces. vans (except over-the-road buses covered by 37.137(a) of the CAA regulations. 38.61 Public information system. subpart G of this part), to be considered ac- llllllllllllllllllllllll 38.63 Between-car barriers. cessible by regulations issued by the Board signature Subpart D—Light Rail Vehicles and Systems of Directors of the Office of Compliance in llllllllllllllllllllllll 38.71 General. part 37 of these regulations, shall comply name of authorized official 38.73 Doorways. with the applicable provisions of this sub- llllllllllllllllllllllll 38.75 Priority seating signs. part. title 38.77 Interior circulation, handrails and (b) If portions of the vehicle are modified llllllllllllllllllllllll stanchions. in a way that affects or should affect acces- date 38.79 Floors, steps and thresholds. sibility, each such portion shall comply, to Included Service Certification 38.81 Lighting. the extent practicable, with the applicable This is to certify that service provided by 38.83 Mobility aid accessibility. provisions of this subpart. This provision other entities but included in the CAA para- 38.85 Between-car barriers. does not require that inaccessible buses be 38.87 Public information system. transit plan submitted by (name of submit- retrofitted with lifts, ramps or other board- 38.91—38.127 [Reserved] ting entity(ies)) meets the requirements of ing devices. Subpart F—Over-the-Road Buses and Systems part 37, subpart F of the CAA regulations § 38.23 Mobility aid accessibility. providing that CAA eligible individuals have 38.151 General. 38.153 Doors, steps and thresholds. (a) General. All vehicles covered by this access to the service; the service is provided subpart shall provide a level-change mecha- in the manner represented; and, that efforts 38.155 Interior circulation, handrails and stanchions. nism or boarding device (e.g., lift or ramp) will be made to coordinate the provision of complying with paragraph (b) or (c) of this paratransit service offered by other provid- 38.157 Lighting. 38.159 Mobility aid accessibility. [Reserved] section and sufficient clearances to permit a ers. wheelchair or other mobility aid user to llllllllllllllllllllllll Subpart G—Other Vehicles and Systems reach a securement location. At least two se- signature 38.171 General. llllllllllllllllllllllll curement locations and devices, complying 38.173 Automated guideway transit vehicles with paragraph (d) of this section, shall be name of authorized official and systems. llllllllllllllllllllllll provided on vehicles in excess of 22 feet in 38.175 [Reserved] length; at least one securement location and title 38.177 [Reserved] device, complying with paragraph (d) of this llllllllllllllllllllllll 38.179 Trams, similar vehicles, and systems. section, shall be provided on vehicles 22 feet date Figures in Part 38 Appendix to Part 38—Guidance Material in length or less. Joint Plan Certification I (b) Vehicle lift—(1) Design load. The design This is to certify that (name of entity cov- Subpart A—General load of the lift shall be at least 600 pounds. ered by joint plan) is committed to providing § 38.1 Purpose. Working parts, such as cables, pulleys, and CAA paratransit service as part of this co- This part provides minimum guidelines shafts, which can be expected to wear, and ordinated plan and in conformance with the and requirements for accessibility standards upon which the lift depends for support of

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H129 the load, shall have a safety factor of at engaged by the lift operator, provided an pounds, placed at the centroid of the ramp least six, based on the ultimate strength of interlock or inherent design feature prevents distributed over an area of 26 inches by 26 the material. Nonworking parts, such as the lift from rising unless the barrier is inches, with a safety factor of at least 3 platform, frame, and attachment hardware raised or closed or the supplementary system based on the ultimate strength of the mate- which would not be expected to wear, shall is engaged. rial. Ramps shorter than 30 inches shall sup- have a safety factor of at least three, based (6) Platform surface. The platform surface port a load of 300 pounds. on the ultimate strength of the material. shall be free of any protrusions over 1⁄4 inch (2) Ramp surface. The ramp surface shall be (2) Controls—(i) Requirements. The controls high and shall be slip resistant. The platform continuous and slip resistant; shall not have shall be interlocked with the vehicle brakes, shall have a minimum clear width of 281⁄2 protrusions from the surface greater than 1⁄4 transmission, or door, or shall provide other inches at the platform, a minimum clear inch high; shall have a clear width of 30 appropriate mechanisms or systems, to en- width of 30 inches measured from 2 inches inches; and shall accommodate both four- sure that the vehicle cannot be moved when above the platform surface to 30 inches above wheel and three-wheel mobility aids. the lift is not stowed and so the lift cannot the platform, and a minimum clear length of (3) Ramp threshold. The transition from be deployed unless the interlocks or systems 48 inches measured from 2 inches above the roadway or sidewalk and the transition from are engaged. The lift shall deploy to all lev- surface of the platform to 30 inches above vehicle floor to the ramp may be vertical els (i.e., ground, curb, and intermediate posi- the surface of the platform. (See Fig.1) without edge treatment up to 1⁄4 inch. tions) normally encountered in the operating (7) Platform gaps. Any openings between the Changes in level between 1⁄4 inch and 1⁄2 inch environment. Where provided, each control platform surface and the raised barriers shall shall be beveled with a slope no greater than for deploying, lowering, raising, and stowing not exceed 5⁄8 inch in width. When the plat- 1:2. the lift and lowering the roll-off barrier shall form is at vehicle floor height with the inner (4) Ramp barriers. Each side of the ramp be of a momentary contact type requiring barrier (if applicable) down or retracted, shall have barriers at least 2 inches high to continuous manual pressure by the operator gaps between the forward lift platform edge prevent mobility aid wheels from slipping and shall not allow improper lift sequencing and the vehicle floor shall not exceed 1⁄2 inch off. when the lift platform is occupied. The con- horizontally and 5⁄8 inch vertically. Plat- (5) Slope. Ramps shall have the least slope trols shall allow reversal of the lift operation forms on semi-automatic lifts may have a practicable and shall not exceed 1:4 when de- sequence, such as raising or lowering a plat- hand hold not exceeding 11⁄2 inches by 41⁄2 ployed to ground level. If the height of the form that is part way down, without allow- inches located between the edge barriers. vehicle floor from which the ramp is de- ing an occupied platform to fold or retract (8) Platform entrance ramp. The entrance ployed is 3 inches or less above a 6-inch curb, into the stowed position. ramp, or loading-edge barrier used as a ramp, a maximum slope of 1:4 is permitted; if the (ii) Exception. Where the lift is designed to shall not exceed a slope of 1:8, measured on height of the vehicle floor from which the deploy with its long dimension parallel to level ground, for a maximum rise of 3 inches, ramp is deployed is 6 inches or less, but the vehicle axis and which pivots into or out and the transition from roadway or sidewalk greater than 3 inches, above a 6-inch curb, a of the vehicle while occupied (i.e., ‘‘rotary to ramp may be vertical without edge treat- maximum slope of 1:6 is permitted; if the lift’’), the requirements of this paragraph ment up to 1⁄4 inch. Thresholds between 1⁄4 height of the vehicle floor from which the prohibiting the lift from being stowed while inch and 1⁄2 inch high shall be beveled with a ramp is deployed is 9 inches or less, but occupied shall not apply if the stowed posi- slope no greater than 1:2. greater than 6 inches, above a 6-inch curb, a tion is within the passenger compartment (9) Platform deflection. The lift platform maximum slope of 1:8 is permitted; if the and the lift is intended to be stowed while (not including the entrance ramp) shall not height of the vehicle floor from which the occupied. deflect more than 3 degrees (exclusive of ve- ramp is deployed is greater than 9 inches (3) Emergency operation. The lift shall in- hicle roll or pitch) in any direction between above a 6-inch curb, a slope of 1:12 shall be corporate an emergency method of deploy- its unloaded position and its position when achieved. Folding or telescoping ramps are ing, lowering to ground level with a lift oc- loaded with 600 pounds applied through a 26 permitted provided they meet all structural cupant, and raising and stowing the empty inch by 26 inch test pallet at the centroid of requirements of this section. lift if the power to the lift fails. No emer- the platform. (6) Attachment. When in use for boarding or gency method, manual or otherwise, shall be (10) Platform movement. No part of the plat- alighting, the ramp shall be firmly attached capable of being operated in a manner that form shall move at a rate exceeding 6 inches/ to the vehicle so that it is not subject to dis- could be hazardous to the lift occupant or to second during lowering and lifting an occu- placement when loading or unloading a the operator when operated according to pant, and shall not exceed 12 inches/second heavy power mobility aid and that no gap be- manufacturer’s instructions, and shall not during deploying or stowing. This require- tween vehicle and ramp exceeds 5⁄8 inch. permit the platform to be stowed or folded ment does not apply to the deployment or (7) Stowage. A compartment, securement when occupied, unless the lift is a rotary lift stowage cycles of lifts that are manually de- system, or other appropriate method shall be and is intended to be stowed while occupied. ployed or stowed. The maximum platform provided to ensure that stowed ramps, in- (4) Power or equipment failure. Platforms horizontal and vertical acceleration when cluding portable ramps stowed in the pas- stowed in a vertical position, and deployed occupied shall be 0.3g. senger area, do not impinge on a passenger’s platforms when occupied, shall have provi- (11) Boarding direction. The lift shall permit wheelchair or mobility aid or pose any haz- sions to prevent their deploying, falling, or both inboard and outboard facing of wheel- ard to passengers in the event of a sudden folding any faster than 12 inches/second or chair and mobility aid users. stop or maneuver. their dropping of an occupant in the event of (12) Use by standees. Lifts shall accommo- (8) Handrails. If provided, handrails shall a single failure of any load carrying compo- date persons using walkers, crutches, canes allow persons with disabilities to grasp them nent. or braces or who otherwise have difficulty from outside the vehicle while starting to (5) Platform barriers. The lift platform shall using steps. The platform may be marked to board, and to continue to use them through- be equipped with barriers to prevent any of indicate a preferred standing position. out the boarding process, and shall have the the wheels of a wheelchair or mobility aid (13) Handrails. Platforms on lifts shall be top between 30 inches and 38 inches above from rolling off the platform during its oper- equipped with handrails on two sides, which the ramp surface. The handrails shall be ca- ation. A movable barrier or inherent design move in tandem with the lift, and which pable of withstanding a force of 100 pounds feature shall prevent a wheelchair or mobil- shall be graspable and provide support to concentrated at any point on the handrail ity aid from rolling off the edge closest to standees throughout the entire lift oper- without permanent deformation of the rail the vehicle until the platform is in its fully ation. Handrails shall have a usable compo- or its supporting structure. The handrail raised position. Each side of the lift platform nent at least 8 inches long with the lowest shall have a cross-sectional diameter be- which extends beyond the vehicle in its portion a minimum 30 inches above the plat- tween 11⁄4 inches and 11⁄2 inches or shall pro- raised position shall have a barrier a mini- form and the highest portion a maximum 38 vide an equivalent grasping surface, and mum 11⁄2 inches high. Such barriers shall not inches above the platform. The handrails have eased edges with corner radii of not less interfere with maneuvering into or out of shall be capable of withstanding a force of than 1⁄8 inch. Handrails shall not interfere the aisle. The loading-edge barrier (outer 100 pounds concentrated at any point on the with wheelchair or mobility aid maneuver- barrier) which functions as a loading ramp handrail without permanent deformation of ability when entering or leaving the vehicle. when the lift is at ground level, shall be suf- the rail or its supporting structure. The (d) Securement devices—(1) Design load. Se- ficient when raised or closed, or a supple- handrail shall have a cross-sectional diame- curement systems on vehicles with GVWRs mentary system shall be provided, to prevent ter between 11⁄4 inches and 11⁄2 inches or shall of 30,000 pounds or above, and their attach- a power wheelchair or mobility aid from provide an equivalent grasping surface, and ments to such vehicles, shall restrain a force riding over or defeating it. The outer barrier have eased edges with corner radii of not less in the forward longitudinal direction of up to of the lift shall automatically raise or close, than 1⁄8 inch. Handrails shall be placed to 2,000 pounds per securement leg or clamping or a supplementary system shall automati- provide a minimum 11⁄2 inches knuckle clear- mechanism and a minimum of 4,000 pounds cally engage, and remain raised, closed, or ance from the nearest adjacent surface. for each mobility aid. Securement systems engaged at all times that the platform is Handrails shall not interfere with wheelchair on vehicles with GVWRs of up to 30,000 more than 3 inches above the roadway or or mobility aid maneuverability when enter- pounds, and their attachments to such vehi- sidewalk and the platform is occupied. Alter- ing or leaving the vehicle. cles, shall restrain a force in the forward lon- natively, a barrier or system may be raised, (c) Vehicle ramp—(1) Design load. Ramps 30 gitudinal direction of up to 2,500 pounds per lowered, opened, closed, engaged, or dis- inches or longer shall support a load of 600 securement leg or clamping mechanism and

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H130 CONGRESSIONAL RECORD — HOUSE January 9, 1997 a minimum of 5,000 pounds for each mobility head clearance between the top of the door § 38.31 Lighting. aid. opening and the raised lift platform, or high- (a) Any or doorway immediately (2) Location and size. The securement sys- est point of a ramp, shall be a minimum of adjacent to the driver shall have, when the tem shall be placed as near to the accessible 56 inches. door is open, at least 2 foot-candles of illu- entrance as practicable and shall have a § 38.27 Priority seating signs. mination measured on the step tread or lift clear floor area of 30 inches by 48 inches. (a) Each vehicle shall contain sign(s) which platform. Such space shall adjoin, and may overlap, an indicate that seats in the front of the vehicle (b) Other and doorways, includ- access path. Not more than 6 inches of the are priority seats for persons with disabil- ing doorways in which lifts or ramps are in- required clear floor space may be accommo- ities, and that other passengers should make stalled, shall have, at all times, at least 2 dated for footrests under another seat pro- such seats available to those who wish to use foot-candles of illumination measured on the vided there is a minimum of 9 inches from them. At least one set of forward-facing step tread, or lift or ramp, when deployed at the floor to the lowest part of the seat over- seats shall be so designated. the vehicle floor level. hanging the space. Securement areas may (b) Each securement location shall have a (c) The vehicle doorways, including door- have fold-down seats to accommodate other sign designating it as such. ways in which lifts or ramps are installed, passengers when a wheelchair or mobility (c) Characters on signs required by para- shall have outside lights(s) which, when the aid is not occupying the area, provided the graphs (a) and (b) of this section shall have door is open, provide at least 1 foot-candle of seats, when folded up, do not obstruct the a width-to-height ratio between 3:5 and 1:1 illumination on the street surface for a dis- clear floor space required. (See Fig. 2) and a stroke width-to-height ratio between tance of 3 feet perpendicular to all points on (3) Mobility aids accommodated. The secure- 1:5 and 1:10, with a minimum character the bottom step tread outer edge. Such ment system shall secure common wheel- height (using an upper case ‘‘X’’) of 5⁄8 inch, light(s) shall be located below window level chairs and mobility aids and shall either be with ‘‘wide’’ spacing (generally, the space be- and shielded to protect the eyes of entering automatic or easily attached by a person fa- tween letters shall be 1⁄16 the height of upper and exiting passengers. miliar with the system and mobility aid and case letters), and shall contrast with the § 38.33 Fare box. having average dexterity. background either light-on-dark or dark-on- Where provided, the farebox shall be lo- (4) Orientation. In vehicles in excess of 22 light. cated as far forward as practicable and shall feet in length, at least one securement de- § 38.29 Interior circulation, handrails and stan- not obstruct traffic in the vestibule, espe- vice or system required by paragraph (a) of chions. cially wheelchairs or mobility aids. this section shall secure the wheelchair or § 38.35 Public information system. mobility aid facing toward the front of the (a) Interior handrails and stanchions shall vehicle. In vehicles 22 feet in length or less, permit sufficient turning and maneuvering (a) Vehicles in excess of 22 feet in length, the required securement device may secure space for wheelchairs and other mobility used in multiple-stop, fixed-route service, the wheelchair or mobility aid either facing aids to reach a securement location from the shall be equipped with a public address sys- toward the front of the vehicle or rearward. lift or ramp. tem permitting the driver, or recorded or Additional securement devices or systems (b) Handrails and stanchions shall be pro- digitized human speech messages, to an- shall secure the wheelchair or mobility aid vided in the entrance to the vehicle in a con- nounce stops and provide other passenger in- facing forward or rearward. Where the wheel- figuration which allows persons with disabil- formation within the vehicle. (b) [Reserved] chair or mobility aid is secured facing the ities to grasp such assists from outside the rear of the vehicle, a padded barrier shall be vehicle while starting to board, and to con- § 38.37 Stop request. provided. The padded barrier shall extend tinue using such assists throughout the (a) Where passengers may board or alight from a height of 38 inches from the vehicle boarding and fare collection process. Hand- at multiple stops at their option, vehicles in floor to a height of 56 inches from the vehicle rails shall have a cross-sectional diameter excess of 22 feet in length shall provide con- 1 1 floor with a width of 18 inches, laterally cen- between 1 ⁄4 inches and 1 ⁄2 inches or shall trols adjacent to the securement location for tered immediately in back of the seated indi- provide an equivalent grasping surface, and requesting stops and which alerts the driver vidual. Such barriers need not be solid pro- have eased edges with corner radii of not less that a mobility aid user wishes to dis- 1 vided equivalent protection is afforded. than ⁄8 inch. Handrails shall be placed to embark. Such a system shall provide audi- 1 (b) Movement. When the wheelchair or mo- provide a minimum 1 ⁄2 inches knuckle clear- tory and visual indications that the request bility aid is secured in accordance with man- ance from the nearest adjacent surface. has been made. ufacturer’s instructions, the securement sys- Where on-board fare collection devices are (b) Controls required by paragraph (a) of tem shall limit the movement of an occupied used on vehicles in excess of 22 feet in this section shall be mounted no higher than wheelchair or mobility aid to no more than length, a horizontal passenger assist shall be 48 inches and no lower than 15 inches above 2 inches in any direction under normal vehi- located across the front of the vehicle and the floor, shall be operable with one hand cle operating conditions. shall prevent passengers from sustaining in- and shall not require tight grasping, pinch- (6) Stowage. When not being used for se- juries on the fare collection device or wind- ing, or twisting of the wrist. The force re- curement, or when the securement area can shield in the event of a sudden deceleration. quired to activate controls shall be no great- be used by standees, the securement system Without restricting the vestibule space, the er than 5 lbf (22.2 N). shall not interfere with passenger move- assist shall provide support for a boarding § 38.39 Destination and route signs. passenger from the front door through the ment, shall not present any hazardous condi- (a) Where destination or route information boarding procedure. Passengers shall be able tion, shall be reasonably protected from van- is displayed on the exterior of a vehicle, each to lean against the assist for security while dalism, and shall be readily accessed when vehicle shall have illuminated signs on the paying fares. needed for use. front and boarding side of the vehicle. (7) Seat belt and shoulder harness. For each (c) For vehicles in excess of 22 feet in (b) Characters on signs required by para- wheelchair or mobility aid securement de- length, overhead handrail(s) shall be pro- graph (a) of this section shall have a width- vice provided, a passenger seat belt and vided which shall be continuous except for a to-height ratio between 3:5 and 1:1 and a shoulder harness, complying with all appli- gap at the rear doorway. stroke width-to-height ratio between 1:5 and (d) Handrails and stanchions shall be suffi- cable provisions of part 571 of title 49 CFR, 1:10, with a minimum character height cient to permit safe boarding, on-board cir- shall also be provided for use by wheelchair (using an upper case ‘‘X’’) of 1 inch for signs culation, seating and standing assistance, or mobility aid users. Such seat belts and on the boarding side and a minimum char- and alighting by persons with disabilities. shoulder harnesses shall not be used in lieu acter height of 2 inches for front (e) For vehicles in excess of 22 feet in of a device which secures the wheelchair or ‘‘headsigns’’, with ‘‘wide’’ spacing (generally, length with front-door lifts or ramps, verti- mobility aid itself. the space between letters shall be 1⁄16 the cal stanchions immediately behind the driv- height of upper case letters), and shall con- § 38.25 Doors, steps and thresholds. er shall either terminate at the lower edge of trast with the background, either dark-on- (a) Slip resistance. All aisles, floor areas the aisle-facing seats, if applicable, or be light or light-on-dark. where people walk and floors in securement ‘‘dog-legged’’ so that the floor attachment locations shall have slip-resistant surfaces. does not impede or interfere with wheelchair Subpart C—Rapid Rail Vehicles and Systems (b) Contrast. All step edges, thresholds, and footrests. If the driver seat platform must be § 38.51 General. the boarding edge of ramps or lift platforms passed by a wheelchair or mobility aid user (a) New, used and remanufactured rapid shall have a band of color(s) running the full entering the vehicle, the platform, to the rail vehicles, to be considered accessible by width of the step or edge which contrasts maximum extent practicable, shall not ex- regulations in part 37 of these regulations, from the step tread and riser, or lift or ramp tend into the aisle or vestibule beyond the shall comply with this subpart. surface, either light-on-dark or dark-on- wheel housing. (b) If portions of the vehicle are modified light. (f) For vehicles in excess of 22 feet in in a way that affects or could affect acces- (c) Door height. For vehicles in excess of 22 length, the minimum interior height along sibility, each such portion shall comply, to feet in length, the overhead clearance be- the path from the lift to the securement lo- the extent practicable, with the applicable tween the top of the door opening and the cation shall be 68 inches. For vehicles of 22 provisions of this subpart. This provision raised lift platform, or highest point of a feet in length or less, the minimum interior does not require that inaccessible vehicles be ramp, shall be a minimum of 68 inches. For height from lift to securement location shall retrofitted with lifts, ramps or other board- vehicles of 22 feet in length or less, the over- be 56 inches. ing devices.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H131 (c) Existing vehicles which are retrofitted § 38.57 Interior circulation, handrails and stan- (2) Vehicles designed for, and operated on, to comply with the ‘‘one-car-per-train rule’’ chions. pedestrian malls, city streets, or other areas of § 37.93 of these regulations shall comply (a) Handrails and stanchions shall be pro- where level boarding is not practicable shall with §§ 38.55, 38.57(b), 38.59 of this part and vided to assist safe boarding, on-board cir- provide wayside or car-borne lifts, mini-high shall have, in new and key stations, at least culation, seating and standing assistance, platforms, or other means of access in com- one door complying with §§ 38.53(a)(1), (b) and and alighting by persons with disabilities. pliance with § 38.83 (b) or (c) of this part. (d) of this part. Removal of seats is not re- (b) Handrails, stanchions, and seats shall (c) If portions of the vehicle are modified quired. Vehicles previously designed and allow a route at least 32 inches wide so that in a way that affects or could affect acces- manufactured in accordance with the acces- at least two wheelchair or mobility aid users sibility, each such portion shall comply, to sibility requirements of part 609 of title 49 can enter the vehicle and position the wheel- the extent practicable, with the applicable CFR or the Secretary of Transportation reg- chairs or mobility aids in areas, each having provisions of this subpart. This provision ulations implementing section 504 of the Re- a minimum clear space of 48 inches by 30 does not require that inaccessible vehicles be habilitation Act of 1973 that were in effect inches, which do not unduly restrict move- retrofitted with lifts, ramps or other board- before October 7, 1991 and which can be en- ment of other passengers. Space to accom- ing devices. tered and used from stations in which they modate wheelchairs and mobility aids may (d) Existing vehicles retrofitted to comply are to be operated, may be used to satisfy be provided within the normal area used by with the ‘‘one-car-per-train rule’’ at § 37.93 of the requirements of § 37.93 of these regula- standees and designation of specific spaces is these regulations shall comply with § 38.75, tions. not required. Particular attention shall be § 38.77(c), § 38.79(a) and § 38.83(a) of this part and shall have, in new and key stations, at § 38.53 Doorways. given to ensuring maximum maneuverability immediately inside doors. Ample vertical least one door which complies with (a) Clear width. (1) Passenger doorways on stanchions from ceiling to seat-back rails §§ 38.73(a)(1), (b) and (d). Vehicles previously vehicle sides shall have clear openings at shall be provided. Vertical stanchions from designed and manufactured in accordance least 32 inches wide when open. ceiling to floor shall not interfere with with the accessibility requirements of 49 (2) If doorways connecting adjoining cars wheelchair or mobility aid user circulation CFR part 609 or the Secretary of Transpor- in a multi-car train are provided, and if such and shall be kept to a minimum in the vicin- tation regulations implementing section 504 doorway is connected by an aisle with a min- ity of doors. of the Rehabilitation Act of 1973 that were in imum clear width of 30 inches to one or more (c) The diameter or width of the gripping effect before October 7, 1991 and which can be spaces where wheelchair or mobility aid surface of handrails and stanchions shall be entered and used from stations in which they are to be operated, may be used to satisfy users can be accommodated, then such door- 11⁄4 inches to 11⁄2 inches or provide an equiva- way shall have a minimum clear opening of lent gripping surface and shall provide a the requirements of § 37.93 of these regula- tions. 30 inches to permit wheelchair and mobility minimum 11⁄2 inches knuckle clearance from aid users to be evacuated to an adjoining ve- the nearest adjacent surface. § 38.73 Doorways. hicle in an emergency. § 38.59 Floor surfaces. (a) Clear width. (1) All passenger doorways (b) Signage. The International Symbol of Floor surfaces on aisles, places for stand- on vehicle sides shall have minimum clear Accessibility shall be displayed on the exte- ees, and areas where wheelchair and mobility openings of 32 inches when open. (2) If doorways connecting adjoining cars rior of accessible vehicles operating on an aid users are to be accommodated shall be in a multi-car train are provided, and if such accessible rapid rail system unless all vehi- slip-resistant. cles are accessible and are not marked by the doorway is connected by an aisle with a min- § 38.61 Public information system. access symbol. (See Fig. 6) imum clear width of 30 inches to one or more (c) Signals. Auditory and visual warning (a)(1) Requirements. Each vehicle shall be spaces where wheelchair or mobility aid signals shall be provided to alert passengers equipped with a public address system per- users can be accommodated, then such door- of closing doors. mitting transportation system personnel, or way shall have a minimum clear opening of recorded or digitized human speech mes- (d) Coordination with boarding platform—(1) 30 inches to permit wheelchair and mobility sages, to announce stations and provide Requirements. Where new vehicles will oper- aid users to be evacuated to an adjoining ve- other passenger information. Alternative ate in new stations, the design of vehicles hicle in an emergency. systems or devices which provide equivalent shall be coordinated with the boarding plat- (b) Signage. The International Symbol of access are also permitted. Each vehicle oper- form design such that the horizontal gap be- Accessibility shall be displayed on the exte- ating in stations having more than one line tween each vehicle door at rest and the plat- rior of each vehicle operating on an acces- or route shall have an external public ad- form shall be no greater than 3 inches and sible light rail system unless all vehicles are dress system to permit transportation sys- the height of the vehicle floor shall be within accessible and are not marked by the access tem personnel, or recorded or digitized symbol. (See Fig. 6) plus or minus 5⁄8 inch of the platform height human speech messages, to announce train, (c) Signals. Auditory and visual warning under all normal passenger load conditions. route, or line identification information. signals shall be provided to alert passengers Vertical alignment may be accomplished by (2) Exception. Where station announcement of closing doors. vehicle air suspension or other suitable systems provide information on arriving (d) Coordination with boarding platform—(1) means of meeting the requirement. trains, an external train speaker is not re- Requirements. The design of level-entry vehi- (2) Exception. New vehicles operating in ex- quired. cles shall be coordinated with the boarding isting stations may have a floor height with- (b) [Reserved] platform or mini-high platform design so 1 in plus or minus 1 ⁄2 inches of the platform § 38.63 Between-car barriers. that the horizontal gap between a vehicle at height. At key stations, the horizontal gap rest and the platform shall be no greater between at least one door of each such vehi- (a) Requirement. Suitable devices or sys- tems shall be provided to prevent, deter or than 3 inches and the height of the vehicle cle and the platform shall be no greater than floor shall be within plus or minus 5⁄8 inch of 3 inches. warn individuals from inadvertently step- ping off the platform between cars. Accept- the platform height. Vertical alignment may (3) Exception. Retrofitted vehicles shall be able solutions include, but are not limited be accomplished by vehicle air suspension, coordinated with the platform in new and to, pantograph gates, chains, motion detec- automatic ramps or lifts, or any combina- key stations such that the horizontal gap tors or similar devices. tion. shall be no greater than 4 inches and the (b) Exception. Between-car barriers are not (2) Exception. New vehicles operating in ex- height of the vehicle floor, under 50% pas- required where platform screens are provided isting stations may have a floor height with- 1 senger load, shall be within plus or minus 2 which close off the platform edge and open in plus or minus 1 ⁄2 inches of the platform inches of the platform height. only when trains are correctly aligned with height. At key stations, the horizontal gap § 38.55 Priority seating signs. the doors. between at least one door of each such vehi- cle and the platform shall be no greater than Subpart D—Light Rail Vehicles and Systems (a) Each vehicle shall contain sign(s) which 3 inches. indicate that certain seats are priority seats § 38.71 General. (3) Exception. Retrofitted vehicles shall be for persons with disabilities, and that other (a) New, used and remanufactured light coordinated with the platform in new and passengers should make such seats available rail vehicles, to be considered accessible by key stations such that the horizontal gap to those who wish to use them. regulations in part 37 of these regulations, shall be no greater than 4 inches and the (b) Characters on signs required by para- shall comply with this subpart. height of the vehicle floor, under 50% pas- graph (a) of this section shall have a width- (b)(1) Vehicles intended to be operated senger load, shall be within plus or minus 2 to-height ratio between 3:5 and 1:1 and a solely in light rail systems confined entirely inches of the platform height. stroke width-to-height ratio between 1:5 and to a dedicated right-of-way, and for which all (4) Exception. Where it is not operationally 1:10, with a minimum character height stations or stops are designed and con- or structurally practicable to meet the hori- (using an upper case ‘‘X’’) of 5⁄8 inch, with structed for revenue service after the effec- zontal or vertical requirements of para- ‘‘wide’’ spacing (generally, the space between tive date of standards for design and con- graphs (d) (1), (2) or (3) of this section, plat- letters shall be 1⁄16 the height of upper case structions § 37.21 and § 37.23 of these regula- form or vehicle devices complying with letters), and shall contrast with the back- tions, shall provide level boarding and shall § 38.83(b) or platform or vehicle mounted ground, either light-on-dark or dark-on- comply with § 38.73(d)(1) and § 38.85 of this ramps or bridge plates complying with light. part. § 38.83(c) shall be provided.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H132 CONGRESSIONAL RECORD — HOUSE January 9, 1997 § 38.75 Priority seating signs. the step or threshold which contrasts from out allowing an occupied platform to fold or (a) Each vehicle shall contain sign(s) which the step tread and riser or adjacent floor, ei- retract into the stowed position. indicate that certain seats are priority seats ther light-on-dark or dark-on-light. (ii) Exception. Where physical or safety for persons with disabilities, and that other § 38.81 Lighting. constraints prevent the deployment at some stops of a lift having its long dimension per- passengers should make such seats available (a) Any stepwell or doorway with a lift, pendicular to the vehicle axis, the transpor- to those who wish to use them. ramp or bridge plate immediately adjacent tation entity may specify a lift which is de- (b) Where designated wheelchair or mobil- to the driver shall have, when the door is signed to deploy with its long dimension par- ity aid seating locations are provided, signs open, at least 2 footcandles of illumination allel to the vehicle axis and which pivots shall indicate the location and advise other measured on the step tread or lift platform. into or out of the vehicle while occupied (i.e., passengers of the need to permit wheelchair (b) Other stepwells, and doorways with ‘‘rotary lift’’). The requirements off para- and mobility aid users to occupy them. lifts, ramps or bridge plates, shall have, at graph (b)(2)(i) of this section prohibiting the (c) Characters on signs required by para- all times, at least 2 footcandles of illumina- lift from being stowed while occupied shall graphs (a) or (b) of this section shall have a tion measured on the step tread or lift or not apply to a lift design of this type if the width-to-height ratio between 3:5 and 1:1 and ramp, when deployed at the vehicle floor stowed position is within the passenger com- a stroke width-to-height ratio between 1:5 level. partment and the lift is intended to be (c) The doorways of vehicles not operating and 1:10, with a minimum character height stowed while occupied. 5 (using an upper case ‘‘X’’) of ⁄8 inch, with at lighted station platforms shall have out- (iii) Exception. The brake or propulsion sys- ‘‘wide’’ spacing (generally, the space between side lights which provide at least 1 foot can- tem interlocks requirement does not apply letters shall be 1⁄16 the height of upper case dle of illumination on the station platform to a station platform mounted lift provided letters), and shall contrast with the back- or street surface for a distance of 3 feet per- that a mechanical, electrical or other sys- ground, either light-on-dark or dark-on- pendicular to all points on the bottom step tem operates to ensure that vehicles do not light. tread. Such lights shall be located below move when the lift is in use. § 38.77 Interior circulation, handrails and stan- window level and shielded to protect the eyes (3) Emergency operation. the lift shall incor- chions. of entering and exiting passengers. porate an emergency method of deploying, (a) Handrails and stanchions shall be suffi- § 38.83 Mobility aid accessibility. lowering to ground level with a lift occu- cient to permit safe boarding, on-board cir- (a)(1) General. All new light rail vehicles, pant, and raising and stowing the empty lift culation, seating and standing assistance, other than level entry vehicles, covered by if the power to the lift fails. No emergency and alighting by persons with disabilities. this subpart shall provide a level-change method, manual or otherwise, shall be capa- (b) At entrances equipped with steps, hand- mechanism or boarding device (e.g., lift ble of being operated in a manner that could rails and stanchions shall be provided in the ramp or bridge plate) complying with either be hazardous to the lift occupant or to the entrance to the vehicle in a configuration paragraph (b) or (c) of this section and suffi- operator when operated according to manu- facturer’s instructions, and shall not permit which allows passengers to grasp such assists cient clearances to permit at least two the platform to be stowed or folded when oc- from outside the vehicle while starting to wheelchair or mobility aid users to reach cupied, unless the lift is a rotary lift in- board, and to continue using such handrails areas, each with a minimum clear floor tended to be stowed while occupied. or stanchions throughout the boarding proc- space of 48 inches by 30 inches, which do not unduly restrict passenger flow. Space to ac- (4) Power or equipment failure. Lift plat- ess. Handrails shall have a cross-sectional di- forms stowed in a vertical position, and de- 1 1 commodate wheelchairs and mobility aids ameter between 1 ⁄4 inches and 1 ⁄2 inches or ployed platforms when occupied, shall have shall provide an equivalent grasping surface, may be provided within the normal area used by standees and designation of specific provisions to prevent their deploying, fall- and have eased edges with corner radii of not ing, or folding any faster than 12 inches/sec- 1 spaces is not required. less than ⁄8 inch. Handrails shall be placed to ond or their dropping of an occupant in the 1 (2) Exception. If lifts, ramps or bridge plates provide a minimum 1 ⁄2 inches knuckle clear- event of a single failure of any load carrying ance from the nearest adjacent surface. meeting the requirements of this section are provided on station platforms or other stops component. Where on-board fare collection devices are (5) Platform barriers. The lift platform shall used, a horizontal passenger assist shall be required to be accessible, or mini-high plat- forms complying with § 38.73(d) of this part be equipped with barriers to prevent any of located between boarding passengers and the the wheels of a wheelchair or mobility aid are provided, the vehicle is not required to fare collection device and shall prevent pas- from rolling off the lift during its operation. be equipped with a car-borne device. Where sengers from sustaining injuries on the fare A movable barrier or inherent design feature each new vehicle is compatible with a single collection device or windshield in the event shall prevent a wheelchair or mobility aid platform-mounted access system or device, of a sudden deceleration. Without restricting from rolling off the edge closest to the vehi- additional systems or devices are not re- the vestibule space, the assist shall provide cle until the lift is in its fully raised posi- quired for each vehicle provided that the sin- support for a boarding passenger from the tion. Each side of the lift platform which ex- gle device could be used to provide access to door through the boarding procedure. Pas- tends beyond the vehicle in its raised posi- each new vehicle if passengers using wheel- sengers shall be able to lean against the as- tion shall have a barrier a minimum 11⁄2 sist for security while paying fares. chairs or mobility aids could not be accom- inches high. Such barriers shall not interfere (c) At all doors on level-entry vehicles, and modated on a single vehicle. with maneuvering into or out of the aisle. (b) Vehicle lift—(1) Design load. The design at each entrance accessible by lift, ramp, The loading-edge barrier (outer barrier) load of the lift shall be at least 600 pounds. bridge plate or other suitable means, hand- which functions as a loading ramp when the Working parts, such as cables, pulleys, and rails, stanchions, passenger seats, vehicle lift is at ground level, shall be sufficient shafts, which can be expected to wear, and driver seat platforms, and fare boxes, if ap- when raised or closed, or a supplementary plicable, shall be located so as to allow a upon which the lift depends for support of system shall be provided, to prevent a power route at least 32 inches wide so that at least the load, shall have a safety factor of at wheelchair or mobility aid from riding over two wheelchairs or mobility aid users can least six, based on the ultimate strength of or defeating it. The outer barrier of the lift enter the vehicle and position the wheel- the material. Nonworking parts, such as shall automatically rise or close, or a supple- chairs or mobility aids in areas, each having platform, frame, and attachment hardware mentary system shall automatically engage, a minimum clear space of 48 inches by 30 which would not be expected to wear, shall and remain raised, closed, or engaged at all inches, which do not unduly restrict move- have a safety factor of at least three, based times that the lift is more than 3 inches ment of other passengers. Space to accom- on the ultimate strength of the material. above the station platform or roadway and (2) Controls—(i) Requirements. The controls modate wheelchairs and mobility aids may the lift is occupied. Alternatively, a barrier shall be interlocked with the vehicle brakes, be provided within the normal area used by or system may be raised, lowered, opened, propulsion system, or door, or shall provide standees and designation of specific spaces is closed, engaged or disengaged by the lift op- other appropriate mechanisms or systems, to not required. Particular attention shall be erator provided an interlock or inherent de- ensure that the vehicle cannot be moved given to ensuring maximum maneuverability sign feature prevents the lift from rising un- when the lift is not stowed and so the lift immediately inside doors. Ample vertical less the barrier is raised or closed or the sup- cannot be deployed unless the interlocks or stanchions from ceiling to seat-back rails plementary system is engaged. systems are engaged. The life shall deploy to shall be provided. Vertical stanchions from (6) Platform surface. The lift platform sur- all levels (i.e., ground, curb, and intermedi- 1 ceiling to floor shall not interfere with face shall be free of any protrusions over ⁄4 ate positions) normally encountered in the wheelchair or mobility aid circulation and inch high and shall be slip resistant. The lift operating environment. Where provided, shall be kept to a minimum in the vicinity of platform shall have a minimum clear width each control for deploying, lowering, raising, 1 accessible doors. of 28 ⁄2 inches at the platform, a minimum and stowing the lift and lowering the roll-off clear width of 30 inches measured from 2 § 38.79 Floors, steps and thresholds. barrier shall be of a momentary contact type inches above the lift platform surface to 30 (a) Floor surfaces on aisles, step treads, requiring continuous manual pressure by the inches above the surface, and a minimum places for standees, and areas wheelchair and operator and shall not allow improper lift se- clear length of 48 inches measured from 2 mobility aid users are to be accommodated quencing when the lift platform is occupied. inches above the surface of the platform to shall be slip-resistant. The controls shall allow reversal of the lift 30 inches above the surface. (See Fig. 1) (b) All thresholds and step edges shall have operation sequence, such as raising or lower- (7) Platform gaps. Any openings between the a band of color(s) running the full width of ing a platform that is part way down, with- lift platform surface and the raised barriers

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shall not exceed 5⁄8 inch wide. When the lift ment up to 1⁄4 inch. Changes in level between which provide equivalent access are also per- is at vehicle floor height with the inner bar- 1⁄4 inch and 1⁄2 inch shall be beveled with a mitted. rier (if applicable) down or retracted, gaps slope no greater than 1:2. (b) [Reserved]. between the forward lift platform edge and (4) Ramp barriers. Each side of the ramp or 38.91–38.127 [Reserved] vehicle floor shall not exceed 1⁄2 inch hori- bridge plate shall have barriers at least 2 Subpart F—Over-the-Road Buses and zontally and 5⁄8 inch vertically. Platforms on inches high to prevent mobility aid wheels Systems semi-automatic lifts may have a hand hold from slipping off. § 38.151 General. not exceeding 11⁄2 inches by 41⁄2 inches located (5) Slope. Ramps or bridge plates shall have between the edge barriers. the least slope practicable. If the height of (a) New, used and remanufactured over- (8) Platform entrance ramp. The entrance the vehicle floor, under 50% passenger load, the-road buses, to be considered accessible ramp, or loading-edge barrier used as a ramp, from which the ramp is deployed is 3 inches by regulations, in part 37 of these regula- shall not exceed a slope of 1:8 measured on or less above the station platform a maxi- tions shall comply with this subpart. level ground, for a maximum rise of 3 inches, mum slope of 1:4 is permitted; if the height (b) Over-the-road buses covered by § 37.7(c) and the transition from the station platform of the vehicle floor, under 50% passenger of these regulations shall comply with § 38.23 or roadway to ramp may be vertical without load, from which the ramp is deployed is 6 and this subpart. edge treatment up to 1⁄4 inch. Thresholds be- inches or less, but more than 3 inches, above § 38.153 Doors, steps and thresholds. tween 1⁄4 inch and 1⁄2 inch high shall be bev- the station platform a maximum slope of 1:6 (a) Floor surfaces on aisles, step treads and eled with a slope no greater than 1:2. is permitted; if the height of the vehicle areas where wheelchair and mobility aid (9) Platform deflection. The lift platform floor, under 50% passenger load, from which users are to be accommodated shall be slip- (not including the entrance ramp) shall not the ramp is deployed is 9 inches or less, but resistant. deflect more than 3 degrees (exclusive of ve- more than 6 inches, above the station plat- (b) All step edges shall have a band of hicle roll) in any direction between its un- form a maximum slope of 1:8 is permitted; if color(s) running the full width of the step loaded position and its position when loaded the height of the vehicle floor, under 50% which contrasts from the step tread and with 600 pounds applied through a 26 inch by passenger load, from which the ramp is de- riser, either dark-on-light or light-on-dark. 26 inch test pallet at the centroid of the lift ployed is greater than 9 inches above the sta- (c) To the maximum extent practicable, platform. tion platform a slope of 1:12 shall be doors shall have a minimum clear width (10) Platform movement. No part of the plat- achieved. Folding or telescoping ramps are when open of 30 inches, but in no case less form shall move at a rate exceeding 6 inches/ permitted provided they meet all structural than 27 inches. second during lowering and lifting an occu- requirements of this section. pant, and shall not exceed 12 inches/second (6) Attachment.—(i) Requirement. When in § 38.155 Interior circulation, handrails and during deploying or stowing. This require- use for boarding or alighting, the ramp or stanchions. ment does not apply to the deployment or bridge plate shall be attached to the vehicle, (a) Handrails and stanchions shall be pro- stowage cycles of lifts that are manually de- or otherwise prevented from moving such vided in the entrance to the vehicle in a con- ployed or stowed. The maximum platform that it is not subject to displacement when figuration which allows passengers to grasp horizontal and vertical acceleration when loading or unloading a heavy power mobility such assists from outside the vehicle while occupied shall be 0.3g. aid and that any gaps between vehicle and starting to board, and to continue using such (11) Boarding direction. The lift shall permit ramp or bridge plate, and station platform handrails or stanchions throughout the both inboard and outboard facing of wheel- and ramp or bridge plate, shall not exceed 5⁄8 boarding process. Handrails shall have a chairs and mobility aids. inch. cross-sectional diameter between 11⁄4 inches (12) Use of standees. Lifts shall accommo- (ii) Exception. Ramps or bridge plates and 11⁄2 inches or shall provide an equivalent date persons using walkers, crutches, canes which are attached to, and deployed from, grasping surface, and have eased edges with or braces or who otherwise have difficulty station platforms are permitted in lieu of ve- corner radii of not less than 1⁄8 inch. using steps. The lift may be marked to indi- hicle devices provided they meet the dis- Hardrails shall be placed to provide a mini- cate a preferred standing position. placement requirements of paragraph mum 11⁄2 inches knuckle clearance from the (13) Handrails. Platforms on lifts shall be (c)(6)(i) of this section. nearest adjacent surface. Where on-board equipped with handrails, on two sides, which (7) Stowage. A compartment, securement fare collection devices are used, a horizontal move in tandem with the lift which shall be system, or other appropriate method shall be passenger assist shall be located between graspable and provide support to standees provided to ensure that stowed ramps or boarding passengers and the fare collection throughout the entire lift operation. Hand- bridge plates, including portable ramps or device and shall prevent passengers from sus- rails shall have a usable component at least bridge plates stowed in the passenger area, taining injuries on the fare collection device 8 inches long with the lowest portion a mini- do not impinge on a passenger’s wheelchair or windshield in the event of a sudden decel- mum 30 inches above the platform and the or mobility aid or pose any hazard to pas- eration. Without restricting the vestibule highest portion a maximum 38 inches above sengers in the event of a sudden stop. space, the assist shall provide support for a the platform. The handrails shall be capable (8) Handrails. If provided, handrails shall boarding passenger from the door through of withstanding a force of 100 pounds con- allow persons with disabilities to grasp them the boarding procedure. Passengers shall be centrated at any point on the handrail with- from outside the vehicle while starting to able to lean against the assist for security out permanent deformation of the rail or its board, and to continue to use them through- while paying fares. supporting structure. Handrails shall have a out the boarding process, and shall have the (b) Where provided within passenger com- 1 cross-sectional diameter between 1 ⁄4 inches top between 30 inches and 38 inches above partment, handrails or stanchions shall be 1 and 1 ⁄2 inches or shall provide an equivalent the ramp surface. The handrails shall be ca- sufficient to permit safe on-board circula- grasping surface, and have eased edges with pable of withstanding a force of 100 pounds tion, seating and standing assistance, and 1 corner radii of not less than ⁄8 inch. Hand- concentrated at any point on the handrail alighting by person with disabilities. rails shall be placed to provide a minimum without permanent deformation of the rail § 38.157 Lighting. 11⁄2 inches knuckle clearance from the near- or its supporting structure. The handrail est adjacent surface. Handrails shall not shall have a cross-sectional diameter be- (a) Any stepwell or doorway immediately interfere with wheelchair or mobility aid tween 11⁄4 inches and 11⁄2 inches or shall pro- adjacent to the drive shall have, when the maneuverability when entering or leaving vide an equivalent grasping surface, and door is open, at least 2 foot-candles of illu- the vehicle. have eased edges with corner radii of not less mination measured on the step tread. (c) Vehicle ramp or bridge plate—(1) Design than 1⁄8 inch. Handrails shall not interfere (b) The vehicle doorway shall have outside load. Ramps or bridge plates 30 inches or with wheelchair or mobility aid maneuver- light(s) which, when the door is open, pro- longer shall support a load of 600 pounds, ability when entering or leaving the vehicle. vide at least 1 foot-candle of illumination on placed at the centroid of the ramp or bridge § 38.85 Between-car barriers. the street surface for a distance of 3 feet per- plate distributed over an area of 26 inches by pendicular to all points on the bottom step Where vehicles operate in a high-platform, 26 inches, with a safety factor of at least 3 tread outer edge. Such light(s) shall be lo- level-boarding mode, devices or systems based on the ultimate strength of the mate- cated below window level and shielded to shall be provided to prevent, deter or warn rial. Ramps or bridge plates shorter than 30 protect the eyes of entering and existing pas- individuals from inadvertently stepping off inches shall support a load of 300 pounds. sengers. the platform between cars. Appropriate de- (2) Ramp surface. The ramp or bridge plate § 38.159 Mobility aid accessibility. [Reserved] surface shall be continuous and slip resist- vices include, but are not limited to, panto- Subpart G—Other Vehicles and Systems ant, shall not have protrusions from the sur- graph gates, chains, motion detectors or other suitable devices. § 38.171 General. face greater than 1⁄4 inch, shall have a clear width of 30 inches, and shall accommodate § 38.87 Public information system. (a) New, used and remanufactured vehicles both four-wheel and three-wheel mobility (a) Each vehicle shall be equipped with an and conveyances for systems not covered by aids. interior public address system permitting other subparts of this part, to be considered (3) Ramp threshold. The transition from transportation system personnel, or recorded accessible by regulations in part 37 of these roadway or station platform and the transi- or digitized human speech messages, to an- regulations, shall comply with this subpart. tion from vehicle floor to the ramp or bridge nounce stations and provide other passenger (b) If portions of the vehicle or conveyance plate may be vertical without edge treat- information. Alternative systems or devices are modified in a way that affects or could

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H134 CONGRESSIONAL RECORD — HOUSE January 9, 1997 affect accessibility, each such portions shall stand the minimum requirements of the matte, or other non-glare finish. An eggshell comply, to the extent practicable, with the guidelines or to design vehicles for greater finish (11 to 19 degree gloss on 60 degree applicable provisions of this subpart. This accessibility. Each entry is applicable to all glossimeter) is recommended. Characters provision does not require that inaccessible subparts of this part except where noted. and symbols should contrast with their vehicles be retrofitted with lifts, ramps or Nothing in this appendix shall in any way background—either light characters on a other boarding devices. obviate any obligation to comply with the dark background or dark characters on a § 38.173 Automated guideway transit vehicles requirements of the guidelines themselves. light background. Research indicates that and systems. I. Slip Resistant Surfaces— Aisles, Steps, Floor signs are more legible for persons with low vision when characters contrast with their (a) Automated Guideway Transit (AGT) ve- Area where People Walk, Floor Areas in Se- background by at least 70 percent. Contrast hicles and systems, sometimes called ‘‘Peo- curement Locations, Lift Platforms, Ramps in percent is determined by: ple movers,’’ operated in airports and other Slip resistance is based on the frictional areas where AGT vehicles travel at slow force necessary to keep a shoe heel or crutch Contrast=[B1¥B2)/B1]100 speed (i.e., at a speed of no more than 20 tip from slipping on a walking surface under Where B1=light reflectance value (LRV) of miles per hour at any location on their route conditions likely to be found on the surface. the lighter area and B2=light reflectance during normal operation), shall comply with While the dynamic coefficient of friction value (LRV) of the darker area. the provisions of § 38.53(a) through (c), and during walking varies in a complex and non- Note that in any application both white §§ 38.55 through 38.61 of this part for rapid uniform way, the static coefficient of fric- and black are never absolute; thus, B1 never rail vehicles and systems. tion, which can be measured in several ways, equals 100 and B2 is always greater than 0. The greatest readability is usually (b) Where the vehicle covered by paragraph provides a close approximation of the slip re- achieved through the use of light-colored (a) of this section will operate in an acces- sistance of a surface, Contrary to popular be- lief, some slippage is necessary to walking, characters or symbols on a dark background. sible station, the design of vehicles shall be B. Destination and Route Signs. The follow- coordinated with the boarding platform de- especially for persons with restricted gaits; a truly ‘‘non-slip’’ surface could not be nego- ing specifications, which are required for sign such that the horizontal gap between a buses (§ 38.39), are recommended for other vehicle door at rest and the platform shall be tiated. The Occupational Safety and Health Ad- types of vehicles, particularly light rail vehi- no greater than 1 inch and the height of the ministration recommends that walking sur- cles, where appropriate. vehicle floor shall be within plus or minus 1⁄2 faces have a static coefficient of friction of 1. Where destination or route information inch of the platform height under all normal 0.5. A research project sponsored by the Ar- is displayed on the exterior of a vehicle, each passenger load conditions. Vertical align- chitectural and Transportation Barriers vehicle should have illuminated signs on the ment may be accomplished by vehicle air Compliance Board (Access Board) conducted front and boarding side of the vehicle. suspension or other suitable means of meet- tests with persons with disabilities and con- 2. Characters on signs covered by para- ing the requirement. cluded that a higher coefficient of friction graph IV.B.1 of this appendix should have a (c) In stations where open platform are not was needed by such persons. A static coeffi- width-to-height ratio between 3:5 and 1:1 and protected by platform screens, a suitable de- cient of friction of 0.6 is recommended for a stroke width-to-height ratio between 1:5 vices or system shall be provided to prevent, steps, floors, and lift platforms and 0.8 for and 1:10, with a minimum character height deter or warn individuals from stepping off ramps. (using an upper case ‘‘X’’) of 1 inch for signs the platform between cars. Acceptable de- The coefficient of friction varies consider- on the boarding side and a minimum char- vices include, but are not limited to, panto- ably due to the presence of contaminants, acter height of 2 inches for front graph gates, chains, motion detectors or water, floor finishes, and other factors not ‘‘headsigns,’’ with ‘‘wide’’ spacing (generally, other appropriate devices. under the control of transit providers and the space between letters shall be 1⁄16 the (d) Light rail and rapid rail AGT vehicles may be difficult to measure. Nevertheless, height of upper case letters), and should con- and systems shall comply with subpart D many common materials suitable for floor- trast with the background, either dark-on- and C of this part, respectively. AGT sys- ing are now labeled with information on the light or light-on-dark, or as recommended tems whose vehicles travel at a speed of static coefficient of friction. While it may above. more than 20 miles per hour at any location not be possible to compare one product di- C. Designation of Accessible Vehicles. The on their route during normal operation are rectly with another, or to guarantee a con- International Symbol of Accessibility should covered under this paragraph rather than stant measure, transit operators or vehicle be displayed as shown in Figure 6. under paragraph (a) of this subsection. designers and manufacturers are encouraged V. Public Information Systems § 38.175 [Reserved] to specify materials with appropriate values. There is currently no requirement that ve- § 38.177 [Reserved] As more products include information on slip hicles be equipped with an information sys- § 38.179 Trams, similar vehicles and systems. resistance, improved uniformity in measure- tem which is capable of providing the same (a) New and used trams consisting of a ment and specification is likely. The Access or equivalent information to persons with tractor unit, with or without passenger ac- Board’s advisory guidelines on Slip Resistant hearing loss. While the Department of Trans- commodations, and one or more passenger Surfaces provides additional information on portation assesses available and soon-to-be trailer units, including but not limited to ve- this subject. available technology during a study con- hicles providing shuttle service to remote II. color contrast—Step Edges. Lift Platform ducted during Fiscal Year 1992, entities are parking areas, between hotels and other pub- Edges encouraged to employ whatever services, lic accommodations, and between and within The material used to provide contrast signage or alternative systems or devices amusement parks and other recreation should contrast by at least 70% Contrast in that provide equivalent access and are avail- areas, shall comply with this section. For percent is determined by: able. Two possible types of devices are visual purposes of determining applicability of display systems and listening systems. How- Contrast=[(B1¥B2)/B1]100 §§ 37.101 or 37.105 of these regulations, the ca- Where B =light reflectance value (LRV) of ever, it should be noted that while visual dis- pacity of such a vehicle or ‘‘train’’ shall con- 1 play systems accommodate persons who are the lighter area and B2=light reflectance sist of the total combined seating capacity of value (LRV) of the darker area. deaf or are hearing impaired, assistive lis- all units, plus the driver, prior to any modi- Note that in any application both white tening systems aid only those with a partial fication for accessibility. loss of hearing. and black are never absolute; thus, B1 never (b) Each tractor unit which accommodates equals 100 and B is always greater than 0. A. Visual Display System. Announcements 2 may be provided in a visual format by the passengers and each trailer unit shall com- III. Handrails and Stanchions ply with § 38.25 and § 38.29 of this part. In ad- use of electronic message boards or video In addition to the requirements for hand- dition each unit shall comply with §§ 38.23(b) monitors. rails and stanchions for rapid, light, and or (c) and shall provide at least one space for Electronic message boards using a light commuter rail vehicles, consideration should wheelchair of mobility aid users complying emitting diode (LED) or ‘‘flip-dot’’ display be given to the proximity of handrails or with § 38.23(d) of this part unless the com- are currently provided in some transit sta- stanchions to the area in which wheelchair plete operating unit consisting of tractor tions and terminals and may be usable in ve- or mobility aid users may position them- and one or more trailers can already accom- hicles. These devices may be used to provide selves. When identifying the clear floor space modate at least two wheelchair or mobility real time or pre-programmed messages; how- where a wheelchair or mobility aid user can aid users. ever, real time message displays require the be accommodated, it is suggested that at availability of an employee for keyboard Figures in Part 38—[Copies of these figures may least one such area be adjacent or in close entry of the information to be announced. be obtained from the Office of Compliance, proximity to a handrail or stanchion. Of Video monitor systems, such as visual pag- Room LA 200, John Adams Building, 110 course, such a handrail or stanchion cannot ing systems provided in some airports (e.g., Second Street, S.E., Washington, DC 20540– encroach upon the required 32 inch width re- Baltimore-Washington International Air- 1999.] quired for the doorway or the route leading port), are another alternative. The Architec- APPENDIX TO PART 38—GUIDANCE to the clear floor space which must be at tural and Transportation Barriers Compli- MATERIAL least 30 by 48 inches in size. ance Board (Access Board) can provide tech- This appendix contains materials of an ad- IV. Priority Seating Signs and Other Signage nical assistance and information on these visory nature and provides additional infor- A. Finish and Contrast. The characters and systems (‘‘Airport TDD Access: Two Case mation that should help the reader to under- background of signs should be eggshell, Studies,’’ (1990)).

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H135 B. Assistive Listening Systems. Assistive lis- 825. A letter from the Secretary of Defense, tion of Classification; Approval of the Main- tening systems (ALS) are intended to aug- transmitting the 1995–96 joint military net tenance Plan; Redesignation of Pointe ment standard public address and audio sys- assessment, pursuant to 10 U.S.C. 113(j)(1); to Coupee Parish to Attainment for Ozone [LA– tems by providing signals which can be re- the Committee on National Security. 34–1–7300; FRL–5670–4] received January 2, ceived directly by persons with special re- 826. A letter from the Under Secretary of 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the ceivers or their own hearing aids and which Defense, transmitting the Secretary’s se- Committee on Commerce. eliminate or filter background noise. Mag- lected acquisition reports [SAR’s] for the 838. A letter from the Director of Office of netic induction loops, infra-red and radio fre- quarter ending December 31, 1995, pursuant Regulatory Management and Information, quency systems are types of listening sys- to 10 U.S.C. 2432; to the Committee on Na- Environmental Protection Agency, transmit- tems which are appropriate for various appli- tional Security. ting the Agency’s final rule—Approval and cations. 827. A letter from the Secretary of Defense, Promulgation of Implementation Plan; An assistive listening system appropriate transmitting the Secretary’s selected acqui- Michigan [MI48–02–7254; FRL–5662–5] received for transit vehicles, where a group of persons sition reports [SAR’s] for the quarter ending December 18, 1996, pursuant to 5 U.S.C. or where the specific individuals are not June 30, 1996, pursuant to 10 U.S.C. 2432; to 801(a)(1)(A); to the Committee on Commerce. known in advance, may be different from the the Committee on National Security. 839. A letter from the Director of Office of system appropriate for a particular individ- 828. A letter from the Under Secretary of Regulatory Management and Information, ual provided as an auxiliary aid or as part of Defense, transmitting the final report on the Environmental Protection Agency, transmit- a reasonable accommodation. The appro- United States-China Joint Defense Conver- ting the Agency’s final rule—Hazardous Air priate device for an individual is the type sion Commission [JDCC] for the period Feb- Pollutants: Regulations Governing Con- that individual can use, whereas the appro- ruary 10, 1996 through July 19, 1996 when the structed or Reconstructed Major Sources priate system for a station or vehicle will Commission was terminated, pursuant to [FRL–5667–8] (RIN: 2060–AD06) received De- necessarily be geared toward the ‘‘average’’ Public Law 104–106, section 1343(a) (110 Stat. cember 18, 1996, pursuant to 5 U.S.C. or aggregate needs of various individuals. 487); to the Committee on National Security. 801(a)(1)(A); to the Committee on Commerce. Earphone jacks with variable volume con- 829. A letter from the Chairman, Joint 840. A letter from the Acting Secretary, trols can benefit only people who have slight Chiefs of Staff, transmitting the 1996 force Federal Trade Commission, transmitting the hearing loss and do not help people who use readiness assessment, March 1996, pursuant Commission’s report on smokeless tobacco hearing aids. At the present time, magnetic to section 376 of the Defense Authorization sales and advertising expenditures data for induction loops are the most feasible type of Act of fiscal year 1994; to the Committee on 1994 and 1995, and updates the 1995 annual re- listening system for people who use hearing National Security. port transmitted to Congress, pursuant to 15 aids equipped with ‘‘T-coils’’, but people 830. A letter from the Assistant Secretary U.S.C. 1337(b); to the Committee on Com- without hearing aids or those with hearing for Legislative Affairs and Public Liaison, merce. aids not equipped with inductive pick-ups Department of the Treasury, transmitting 841. A letter from the Deputy Director, De- cannot use them without special receivers. the Department’s fourth semiannual report fense Security Assistance Agency, transmit- Radio frequency systems can be extremely to Congress, as required by section 403 of the ting the Department of the Air Force’s pro- effective and inexpensive. People without Mexican Debt Disclosure Act of 1995, and the posed lease of defense articles to Venezuela hearing aids can use them, but people with December monthly report to Congress, as re- (Transmittal No. 05–97) received January 5, hearing aids need a special receiver to use quired by section 404 of the same act pursu- 1997, pursuant to 22 U.S.C. 2796a(a); to the them as they are presently designed. If hear- ant to Public Law 104–6, section 403(a) (109 Committee on International Relations. ing aids had a jack to allow a by-pass of Stat. 89); to the Committee on Banking and 842. A letter from the Director, Defense Se- microphones, then radio frequency systems Financial Services. curity Assistance Agency, transmitting noti- would be suitable for people with and with- 831. A letter from the President and Chair- fication of a cooperative project concerning out hearing aids. Some listening systems man, Export-Import Bank of the United the joint strike fighter [JSF] requirements may be subject to interference from other States, transmitting a report involving Unit- validation [RV] memorandum of agreement equipment and feedback from hearing aids of ed States exports to Lithuania, pursuant to [MOA] (Transmittal No. 20–96) received De- people who are using the systems. Such in- 12 U.S.C. 635(b)(3)(i); to the Committee on cember 20, 1996, pursuant to 22 U.S.C. 2767(f); terference can be controlled by careful engi- Banking and Financial Services. to the Committee on International Rela- neering design that anticipates feedback 832. A letter from the President and Chair- tions. sources in the surrounding area. man, Export-Import Bank of the United 843. A letter from the Assistant Legal Ad- The Architectural and Transportation Bar- States, transmitting a report involving Unit- viser for Treaty Affairs, Department of riers Compliance Board (Access Board) has ed States exports to the People’s Republic of State, transmitting copies of international published a pamphlet on Assistive Listening China, pursuant to 12 U.S.C. 635(b)(3)(i); to agreements, other than treaties, entered into Systems which lists demonstration centers the Committee on Banking and Financial by the United States, pursuant to 1 U.S.C. across the country where technical assist- Services. 112b(a); to the Committee on International 833. A letter from the Chief Executive Offi- ance can be obtained in selecting and install- Relations. cer, Corporation for National Service, trans- 844. A letter from the Director, Arms Con- ing appropriate systems. The state of New mitting the Corporation’s fiscal year 1994 an- trol and Disarmament Agency, transmitting York has also adopted a detailed technical nual report; to the Committee on Education the Agency’s annual report entitled ‘‘Report specification which may be useful. and the Workforce. to Congress on Arms Control, Nonprolifera- f 834. A letter from the Administrator, En- tion and Disarmament Studies Completed in ergy Information Administration, transmit- EXECUTIVE COMMUNICATIONS, 1995,’’ pursuant to Public Law 100–213, sec- ting a copy of the Energy Information Ad- tion 4 (101 Stat. 1445); to the Committee on ETC. ministration’s report entitled ‘‘Annual En- International Relations. Under clause 2 of rule XXIV, execu- ergy Outlook 1997,’’ pursuant to 15 U.S.C. 845. A letter from the Director, Arms Con- tive communications were taken from 790f(a)(1); to the Committee on Commerce. trol and Disarmament Agency, transmitting the Speaker’s table and referred as fol- 835. A letter from the General Counsel, De- the Agency’s classified summary report and partment of Transportation, transmitting compliance annexes to the U.S. Arms Con- lows the Department’s final rule—Federal Motor trol and Disarmament Agency’s [ACDA] 1995 823. A communication from the President Vehicle Safety Standards; Occupant Crash annual report (U), pursuant to 22 U.S.C. 2590; of the United States, transmitting his re- Protection (National Highway Traffic Safety to the Committee on International Rela- quest to make available appropriations to- Administration) [Docket No. 74–14; Notice tions. taling $75,000,000 to the Department of Jus- 109] (RIN: 2127–AG60) received January 2, 846. A letter from the Inspector General, tice, $10,525,000 to the Department of State, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Commerce, transmitting the $3,171,000 to the Judiciary, and $112,900,000 to Committee on Commerce. Department’s report entitled ‘‘Annual Re- the special forfeiture fund within funds ap- 836. A letter from the General Counsel, De- ports on Improving Export Control Mecha- propriated to the President—received in the partment of Transportation, transmitting nisms and on Military Assistance’’; to the U.S. House of Representatives November 12, the Department’s final rule—Adverse Side Committee on International Relations. 1996, pursuant to 31 U.S.C. 1107 (H. Doc. No. Effects of Air Bags; Correcting Amendment 847. A letter from the Assistant Legal Ad- 105–19; to the Committee on Appropriations (Federal Aviation Administration) [Docket viser for Treaty Affairs, Department of and ordered to be printed. No. 74–14; Notice 106] (RIN: 2127–AG14) re- State, transmitting copies of international 824. A letter from the Under Secretary of ceived December 9, 1996, pursuant to 5 U.S.C. agreements, other than treaties, entered into Defense, transmitting a report of a violation 801(a)(1)(A); to the Committee on Commerce. by the United States, pursuant to 1 U.S.C. of the Anti-Deficiency Act—Navy violation, 837. A letter from the Director of Office of 112b(a); to the Committee on International case No. 94–09, which totaled $691,686, oc- Regulatory Management and Information, Relations. curred in the fiscal year 1989, fiscal year 1990, Environmental Protection Agency, transmit- 848. A letter from the Deputy Secretary of fiscal year 1991, and fiscal year 1992 other ting the Agency’s final rule—Approval and Defense, transmitting the Cooperative procurement, Navy appropriations, pursuant Promulgation of Implementation Plans and Threat Reduction [CTR] Program plan for to 31 U.S.C. 1517(b); to the Committee on Ap- Designation of Areas for Air Quality Plan- fiscal years 1997–2001, pursuant to section propriations. ning Purposes; State of Louisiana; Correc- 1205 of the National Defense Authorization

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H136 CONGRESSIONAL RECORD — HOUSE January 9, 1997 Act for fiscal year 1995; to the Committee on semiannual management report for the same nancial Integrity Act [FMFIA] of 1982, pursu- International Relations. period, pursuant to 5 U.S.C. app. (Insp. Gen. ant to 31 U.S.C. 3512(c)(3); to the Committee 849. A communication from the President Act) section 59(b); to the Committee on Gov- on Government Reform and Oversight. of the United States, transmitting the 1995 ernment Reform and Oversight. 872. A letter from the Chairman, Securities annual report of the U.S. Arms Control and 860. A letter from the Chairman, Equal and Exchange Commission, transmitting the Disarmament Agency [ACDA], pursuant to 22 Employment Opportunity Commission, fiscal year 1996 annual report under the Fed- U.S.C. 2590; to the Committee on Inter- transmitting the fiscal year 1996 annual re- eral Managers’ Financial Integrity Act national Relations. port under the Federal Managers’ Financial [FMFIA] of 1982, pursuant to 31 U.S.C. 850. A letter from the Secretary of Defense, Integrity Act [FMFIA] of 1982, pursuant to 31 3512(c)(3); to the Committee on Government transmitting the Department’s report enti- U.S.C. 3512(c)(3); to the Committee on Gov- Reform and Oversight. tled ‘‘Report on Accounting for United ernment Reform and Oversight. 873. A letter from the Chairperson, U.S. States Assistance Under the Cooperative 861. A letter from the Chairman, Federal Commodity Futures Trading Commission, Threat Reduction Program Calendar Year Communications Commission, transmitting transmitting the fiscal year 1996 annual re- 1995,’’ pursuant to section 1206 of the Na- the fiscal year 1996 annual report under the port under the Federal Managers’ Financial tional Defense Authorization Act for fiscal Federal Managers’ Financial Integrity Act Integrity Act [FMFIA] of 1982, pursuant to 31 year 1996; to the Committee on International [FMFIA] of 1982, pursuant to 31 U.S.C. U.S.C. 3512(c)(3); to the Committee on Gov- Relations. 3512(c)(3); to the Committee on Government ernment Reform and Oversight. 851. A communication from the President Reform and Oversight. 874. A letter from the Chairman, U.S. Merit of the United States, transmitting his fol- 862. A letter from the Chairman, Federal Systems Protection Board, transmitting the low-up report on the deployment of combat- Trade Commission, transmitting the fiscal fiscal year 1996 annual report under the Fed- equipped United States Armed Forces to year 1996 annual report under the Federal eral Managers’ Financial Integrity Act Bosnia and other states in the region in Managers’ Financial Integrity Act [FMFIA] [FMFIA] of 1982, pursuant to 31 U.S.C. order to participate in and support the North of 1982, pursuant to 31 U.S.C. 3512(c)(3); to the 3512(c)(3); to the Committee on Government Atlantic Treaty Organization-led Implemen- Committee on Government Reform and Reform and Oversight. tation Force [IFOR]—received in the United Oversight. 875. A letter from the Director, U.S. Arms States House of Representatives December 863. A letter from the Inspector General, Control and Disarmament Agency, transmit- 20, 1996 (H. Doc. No. 105–21); to the Commit- General Services Administration, transmit- ting the fiscal year 1996 annual report under tee on International Relations and ordered ting the Office’s Audit Report Register, in- the Federal Managers’ Financial Integrity to be printed. cluding all financial recommendations, for Act [FMFIA] of 1982, pursuant to 31 U.S.C. 852. A letter from the General Counsel, the period ending September 30, 1996, pursu- 3512(c)(3); to the Committee on Government United States Arms Control and Disar- ant to Public Law 100–504, section 104(a) (102 Reform and Oversight. mament Agency, transmitting copies of the Stat. 2525); to the Committee on Government 876. A letter from the Staff Director, Unit- English and Russian texts of the agreement Reform and Oversight. ed States Commission on Civil Rights, trans- and four joint statements negotiated by the 864. A letter from the Acting Adminis- mitting the fiscal year 1996 annual report Joint Compliance Inspection Commission trator, General Services Administration, under the Federal Managers’ Financial In- [JCIC] and concluded during JCIC–XII, pur- transmitting the semiannual report on ac- tegrity Act [FMFIA] of 1982, pursuant to 31 suant to Executive Order No. 12958, section tivities of the Inspector General for the pe- U.S.C. 3512(c)(3); to the Committee on Gov- 1.5(b); to the Committee on International Re- riod April 1, 1996, through September 30, 1996, ernment Reform and Oversight. lations. and the management report for the same pe- 877. A letter from the Director, U.S. Infor- 853. A communication from the PRESI- riod, pursuant to 5 U.S.C. app. (Insp. Gen. mation Agency, transmitting the fiscal year DENT OF THE UNITED STATES, transmit- Act) section 5(b); to the Committee on Gov- 1996 annual report under the Federal Man- ting his report on the implementation of lo- ernment Reform and Oversight. agers’ Financial Integrity Act [FMFIA] of cality-based comparability payments for 865. A letter from the National Endowment 1982, pursuant to 31 U.S.C. 3512(c)(3); to the General Schedule employees for calendar for the Arts, transmitting the fiscal year Committee on Government Reform and year 1997—Received in the U.S. House of Rep- 1996 annual report under the Federal Man- Oversight. resentatives November 22, 1996, pursuant to 5 agers’ Financial Integrity Act [FMFIA] of 878. A letter from the Secretary of the U.S.C. 5305(a)(3) (H. Doc. No. 105–20); to the 1982, pursuant to 31 U.S.C. 3512(c)(3); to the Treasury, transmitting the Department’s Committee on Government Reform and Over- Committee on Government Reform and ‘‘Audit Plan of the Secretary of the Treasury sight and ordered to be printed. Oversight. on the Uses and Counterfeiting of U.S. Cur- 854. A letter from the Acting Comptroller 866. A letter from the Railroad Retirement rency in Foreign Countries,’’ pursuant to General of the United States, transmitting a Board, transmitting the fiscal year 1996 an- section 807 of the Antiterrorism and Effec- list of all reports issued or released in No- nual report under the Federal Managers’ Fi- tive Death Penalty Act of 1996 (Public Law vember 1996, pursuant to 31 U.S.C. 719(h); to nancial Integrity Act [FMFIA] of 1982, pursu- 104–132); to the Committee on the Judiciary. the Committee on Government Reform and ant to 31 U.S.C. 3512(c)(3); to the Committee 879. A letter from the General Counsel, De- Oversight. on Government Reform and Oversight. partment of Transportation, transmitting 855. A letter from the Secretary, American 867. A letter from the Chairman, Railroad the Department’s final rule—Safety/Security Battle Monuments Commission, transmit- Retirement Board, transmitting the semi- Zone Regulation; Charleston Harbor and ting the fiscal year 1996 annual report under annual report on activities of the Office of Cooper River, SC (U.S. Coast Guard) [COTP the Federal Managers’ Financial Integrity Inspector General for the period April 1, 1996, Charleston 96–034] (RIN: 2115–AA97) received Act [FMFIA] of 1982, pursuant to 31 U.S.C. through September 30, 1996, pursuant to 5 December 19, 1996, pursuant to 5 U.S.C. 3512(c)(3); to the Committee on Government U.S.C. app. (Insp. Gen. Act) section 5(b); to 801(a)(1)(A); to the Committee on Transpor- Reform and Oversight. the Committee on Government Reform and tation and Infrastructure. 856. A letter from the Federal Co-Chair- Oversight. 880. A letter from the General Counsel, De- man, Appalachian Regional Commission, 868. A letter from the Secretary of the partment of Transportation, transmitting transmitting the semiannual report on the Treasury, transmitting the fiscal year 1996 the Department’s final rule—Offshore Supply activities of the Office of Inspector General annual report under the Federal Managers’ Vessels; Alternate Tonnage (U.S. Coast for the period April 1, 1996, through Septem- Financial Integrity Act [FMFIA] of 1982, pur- Guard) [CGD 96–058] (RIN: 2115–AF35) re- ber 30, 1996, pursuant to 5 U.S.C. app. (Insp. suant to 31 U.S.C. 3512(c)(3); to the Commit- ceived December 19, 1996, pursuant to 5 Gen. Act) section 5(b); to the Committee on tee on Government Reform and Oversight. U.S.C. 801(a)(1)(A); to the Committee on Government Reform and Oversight. 869. A letter from the Secretary of Defense, Transportation and Infrastructure. 857. A letter from the Inspector General, transmitting the classified annex to the 881. A letter from the General Counsel, De- Corporation for National Service, transmit- semiannual report on activities of the in- partment of Transportation, transmitting ting the Corporation’s report on the follow- spector general for the period October 1, 1995, the Department’s final rule—Rail Fixed up study to the auditability survey; to the through March 31, 1996, pursuant to 5 U.S.C. Guideway Systems; State Safety Oversight Committee on Government Reform and app. (Insp. Gen. Act) section 5(b); to the (Federal Transmit Administration) [49 CFR Oversight. Committee on Government Reform and Part 659] (RIN: 2132–AA57) received December 858. A letter from the Administrator, Envi- Oversight. 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to ronmental Protection Agency, transmitting 870. A letter from the Secretary of Defense, the Committee on Transportation and Infra- the fiscal year 1996 annual report under the transmitting the semiannual report on ac- structure. Federal Managers’ Financial Integrity Act tivities of the inspector general, and classi- 882. A letter from the General Counsel, De- [FMFIA] of 1982, pursuant to 31 U.S.C. fied annex for the period April 1, 1995, partment of Transportation, transmitting 3512(c)(3); to the Committee on Government through September 30, 1995, pursuant to 5 the Department’s final rule—Alternate Com- Reform and Oversight. U.S.C. app. (Insp. Gen. Act) section 5(b); to pliance via Recognized Classification Society 859. A letter from the Administrator, Envi- the Committee on Government Reform and and U.S. Supplement to Rules (U.S. Coast ronmental Protection Agency, transmitting Oversight. Guard) [CGD 95–010] (RIN: 2115–AF11) re- the semiannual report of the Office of In- 871. A letter from the Secretary of Edu- ceived December 19, 1996, pursuant to 5 spector General covering the period April 1, cation, transmitting the fiscal year 1996 an- U.S.C. 801(a)(1)(A); to the Committee on 1996, through September 30, 1996, and the nual report under the Federal Managers’ Fi- Transportation and Infrastructure.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H137 883. A letter from the General Counsel, De- 14] (RIN: 2125–AC97) received December 27, ries Airplanes (Federal Aviation Administra- partment of Transportation, transmitting 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the tion) [Docket No. 95–NM–58–AD; Amdt. 39– the Department’s final rule—Safety Zone Committee on Transportation and Infra- 9852; AD 96–25–09] (RIN: 2120–AA64) received Regulations; Back River and Foster Creek, structure. January 2, 1997, pursuant to 5 U.S.C Charleston, SC (U.S. Coast Guard) [COTP 893. A letter from the General Counsel, De- 801(a)(1)(A); to the Committee on Transpor- Charleston 96–072] (RIN: 2115–AA97) received partment of Transportation, transmitting tation and Infrastructure. December 19, 1996, pursuant to 5 U.S.C. the Department’s final rule—Power Brake 902. A letter from the General Counsel, De- 801(a)(1)(A); to the Committee on Transpor- Regulation: Two-way End-of-Train Telem- partment of Transportation, transmitting tation and Infrastructure. etry Devices (Federal Railroad Administra- the Department’s final rule—Airworthiness 884. A letter from the General Counsel, De- tion) [FRA Docket No. PB–9, Notice No. 6] Directives; Airbus Industrie Model A320 Se- partment of Transportation, transmitting (RIN: 2130–AA73) received January 2, 1997, ries Airplanes (Federal Aviation Administra- the Department’s final rule—Roadway Work- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion) [Docket No. 96–NM–164–AD; Amdt. 39– er Protection (Federal Railroad Administra- mittee on Transportation and Infrastruc- 9849; AD 96–25–07] (RIN: 2120–AA64) received tion) [FRA Docket No. RSOR 13, Notice No. ture. December 19, 1996, pursuant to 5 U.S.C. 9] (RIN: 2130–AA86) received December 19, 894. A letter from the General Counsel, De- 801(a)(1)(A); to the Committee on Transpor- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the partment of Transportation, transmitting tation and Infrastructure. Committee on Transportation and Infra- the Department’s final rule—Airworthiness 903. A letter from the General Counsel, De- structure. Directives; Boeing Model 747 Series Air- partment of Transportation, transmitting 885. A letter from the General Counsel, De- planes (Federal Aviation Administration) the Department’s final rule—Airworthiness partment of Transportation, transmitting [Docket No. 96–NM–280–AD; Amdt. 39–9868; Directives; Airbus Model A320–111, –211, –212, the Department’s final rule—Railroad Acci- AD 96–26–52] (RIN: 2120–AA64) received Janu- and –231 Series Airplanes (Federal Aviation dent Reporting (Response to Remaining Is- ary 2, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); Administration) [Docket No. 96–NM–47–AD; sues in Petitions for Reconsideration) (Fed- to the Committee on Transportation and In- Amdt. 39–9847; AD–96–25–05] (RIN: 2120–AA64) eral Railroad Administration) [FRA Docket frastructure. received December 19, 1996, pursuant to 5 No. RAR–4, Notice No. 16] (RIN: 2130–AB13) 895. A letter from the General Counsel, De- U.S.C. 801(a) (1) (A); to the Committee on received December 19, 1996, pursuant to 5 partment of Transportation, transmitting Transportation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Airworthiness 904. A letter from the General Counsel, De- Transportation and Infrastructure. Directives; Boeing Mode 767 Series Airplanes partment of Transportation, transmitting 886. A letter from the General Counsel, De- (Federal Aviation Administration) [Docket the Department’s final rule—Airworthiness partment of Transportation, transmitting No. 95–NM–244–AD; Amdt. 39–9861; AD 96–25– Directives; Airbus Model A320 Series Air- the Department’s final rule—Emergency Re- 18] (RIN: 2120–AA64) received January 2, 1997, planes (Federal Aviation Administration) lief Program (Federal Highway Administra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No. 95–NM–176–AD; Amdt. 39–9846; tion) [FHWA Docket No. 95–25] (RIN: 2125– mittee on Transportation and Infrastruc- AD 96–25–04] (RIN: 2120–AA64) received De- AD60) received December 19, 1996, pursuant ture. cember 19, 1996, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on 896. A letter from the General Counsel, De- 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. partment of Transportation, transmitting tation and Infrastructure. 905. A letter from the General Counsel, De- 887. A letter from the General Counsel, De- the Department’s final rule—Airworthiness partment of Transportation, transmitting partment of Transportation, transmitting Directives; FLS Aerospace (Lovaux) Ltd. the Department’s final rule—Airworthiness the Department’s final rule—Reporting of OA7 Optica Series 300 Airplanes (Federal Directives; McDonnell Douglas Model DC–10 Drug and Alcohol Testing Results (Research Aviation Administration) [Docket No. 96– Series Airplanes and KC–10A (Military) Air- and Special Programs Administration) CE–12–AD; Amdt. 39–9865; AD 96–26–02] (RIN: planes (Federal Aviation Administration) [Docket No. PS–152; Amdt. 199–14] (RIN: 2137– 2120–AA64) received January 2, 1997, pursuant [Docket No. 95–NM–199–AD; Amdt. 39–9839; AC95) received December 27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on AD 96–24–15] (RIN: 2120–AA64) received De- to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. cember 19, 1996, pursuant to 5 U.S.C. 801(a) (1) Transportation and Infrastructure. 897. A letter from the General Counsel, De- (A); to the Committee on Transportation and 888. A letter from the General Counsel, De- partment of Transportation, transmitting Infrastructure. partment of Transportation, transmitting the Department’s final rule—Airworthiness 906. A letter from the General Counsel, De- the Department’s final rule—Harmonization Directives; Boeing Mode 747 Series Airplanes partment of Transportation, transmitting with the United Nations Recommendations, [Docket No. 96–NM–279–Ad; Amdt. 39–9867; the Department’s final rule—Airworthiness International Maritime Dangerous Goods AD 96–26–04] (RIN: 2120–AA64) received Janu- Directives; Pratt & Whitney JT9D Series Code, and International Civil Aviation Orga- ary 2, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); Turbofan Engines (Federal Aviation Admin- nization’s Technical Instructions (Research to the Committee on Transportation and In- istration) [Docket No. 95–ANE–57; Amdt. 39– and Special Programs Administration) frastructure. 9853; AD 96–25–10] (RIN: 2120–AA64) received [Docket No. HM–215B; Amdt. No. 171–149] 898. A letter from the General Counsel, De- December 19, 1996, pursuant to 5 U.S.C. 801(a) (RIN: 2137–AC82) received December 27, 1996, partment of Transportation, transmitting (1) (A); to the Committee on Transportation pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Airworthiness and Infrastructure. mittee on Transportation and Infrastruc- Directives; Sundstrand T–62T–40C Series 907. A letter from the General Counsel, De- ture. Auxiliary Power Units (Federal Aviation Ad- partment of Transportation, transmitting 889. A letter from the General Counsel, De- ministration) [Docket No. 96–ANE–27; Amdt. the Department’s final rule—Airworthiness partment of Transportation, transmitting 39–9855; AD 96–25–12] (RIN: 2120–AA64) re- Directives; Boeing Model 727–200 Series Air- the Department’s final rule—Commercial ceived January 2, 1997, pursuant to 5 U.S.C. planes; McDonnell Douglas MD–11 Airplanes; Fishing Industry Vessel Regulations (U.S. 801(a)(1)(A); to the Committee on Transpor- and British Aerospace Avro Model 146–RJ Se- Coast Guard) [CGD 96–046] (RIN: 2115–AF35) tation and Infrastructure. ries Airplanes (Federal Aviation Administra- received December 27, 1996, pursuant to 5 899. A letter from the General Counsel, De- tion) [Docket No. 96–NM–121–AD; Amdt. 39– U.S.C. 801(a)(1)(A); to the Committee on partment of Transportation, transmitting 9858; AD 96–25–15] (RIN: 2120–AA64) received Transportation and Infrastructure. the Department’s final rule—Airworthiness December 19, 1996, pursuant to 5 U.S.C. 801(a) 890. A letter from the General Counsel, De- Directives; Jetstream Model 4101 Airplanes (1) (A); to the Committee on Transportation partment of Transportation, transmitting (Federal Aviation Administration) [Docket and Infrastructure. the Department’s final rule—Drawbridge Op- No. 95–NM–271–AD; Amdt. 39–9856; AD 96–25– 908. A letter from the General Counsel, De- eration Regulations; Atlantic Intracoastal 13] (RIN: 2120–AA64) received January 2, 1997, partment of Transportation, transmitting Waterway, Florida (U.S. Coast Guard) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Airworthiness [CGD07–96–0641] (RIN: 2115–AE47) received mittee on Transportation and Infrastruc- Directives; The Don Luscombe Aviation His- December 27, 1996, pursuant to 5 U.S.C. ture. tory Foundation Models 8, 8A, 8B, 8C, 8D, 8E, 801(a)(1)(A); to the Committee on Transpor- 900. A letter from the General Counsel, De- 8F, T–8F Airplanes (Federal Aviation Admin- tation and Infrastructure. partment of Transportation, transmitting istration) [Docket No. 95–CE–99–AD; Amdt. 891. A letter from the General Counsel, De- the Department’s final rule—Airworthiness 39–9841; AD 96–24–17] (RIN: 2120–AA64) re- partment of Transportation, transmitting Directives; McDonnell Douglas Model DC–10– ceived December 19, 1996, pursuant to 5 the Department’s final rule—Safety Zone 10, –30, and –40 Series Airplanes, and KC–10 U.S.C. 801(a)(1)(A); to the Committee on Regulations; Savannah, GA (U.S. Coast (Military) Series Airplanes (Federal Aviation Transportation and Infrastructure. Guard) [COTP Savannah 96–073] (RIN: 2115– Administration) [Docket No. 96–NM–135–AD; 909. A letter from the General Counsel, De- AA97) received December 27, 1996, pursuant Amdt. 39–9857; AD 96–25–14] (RIN: 2120–AA64) partment of Transportation, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on received January 2, 1997, pursuant to 5 U.S.C. the Department’s final rule—Airworthiness Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Directives; Raytheon Model BAe 125–800A, 892. A letter from the General Counsel, De- tation and Infrastructure. Model Hawker 800, and Model Hawker 800XP partment of Transportation, transmitting 901. A letter from the General Counsel, De- Series Airplanes (Federal Aviation Adminis- the Department’s final rule—Management partment of Transportation, transmitting tration) [Docket No. 96–NM–136–AD; Amdt. and Monitoring Systems (Federal Highway the Department’s final rule—Airworthiness 39–9840; AD 96–24–16] (RIN: 2120–AA64) re- Administration) [FHWA/FTA Docket No. 92– Directives; Fokker Model F28 Mark 0100 Se- ceived December 19, 1996, pursuant to 5

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H138 CONGRESSIONAL RECORD — HOUSE January 9, 1997 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Amendment of Law 104–1, section 304(b)(1) (109 Stat. 29); Transportation and Infrastructure. Class E Airspace; Casa Grande, AZ (Federal jointly, to the Committees on House Over- 910. A letter from the General Counsel, De- Aviation Administration) [Airspace Docket sight and Education and the Workforce. partment of Transportation, transmitting No. 96–AWP–22] (RIN: 2120–AA66) received 931. A communication from the President the Department’s final rule—Airworthiness December 19, 1996, pursuant to 5 U.S.C. of the United States, transmitting notifica- Directives; Saab Model SAAB SF340A and 801(a)(1)(A); to the Committee on Transpor- tion to the Congress that the United States SAAB 340B Series Airplanes (Federal Avia- tation and Infrastructure. has the capability to prevent the illegal im- tion Administration) [Docket No. 95–NM–201– 920. A letter from the General Counsel, De- portation of nuclear, biological, and chemi- AD; Amdt. 39–9848; AD 96–25–06] (RIN: 2120– partment of Transportation, transmitting cal weapons into the United States and its AA64) received December 19, 1994, pursuant the Department’s final rule—Amendment of possessions, pursuant to section 229 of the to 5 U.S.C. 801(a)(1)(A); to the Committee on Class E Airspace; Gettysburg, SD; Gettys- National Defense Authorization Act for fis- Transportation and Infrastructure. burg Municipal Airport (Federal Aviation cal year 1997; jointly, to the Committees on 911. A letter from the General Counsel, De- Administration) [Airspace Docket No. 96– National Security, International Relations, partment of Transportation, transmitting AGL–12] (RIN: 2120–AA66) received December and Ways and Means. the Department’s final rule—Airworthiness 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to f Directives; Lockheed Model 382 Series Air- the Committee on Transportation and Infra- PUBLIC BILLS AND RESOLUTIONS planes (Federal Aviation Administration) structure. [Docket No. 95–NM–248–AD; Amdt. 39–9838; 921. A letter from the General Counsel, De- The following is a complete listing of AD 96–24–14] (RIN: 2120–AA64) received De- partment of Transportation, transmitting all bills and resolutions introduced on cember 19, 1996, pursuant to 5 U.S.C. the Department’s final rule—Prohibition of January 7 and 9, 1997. 801(a)(1)(A); to the Committee on Transpor- Oxygen Generators as Cargo in Passenger- Under clause 5 of Rule X and clause 4 tation and Infrastructure. Aircraft (Research and Special Programs Ad- 912. A letter from the General Counsel, De- ministration) [Docket No. HM–224; Amdt. of Rule XXII, bills and resolutions of partment of Transportation, transmitting Nos. 171–146; and 173–254] (RIN: 2137–AC89) re- the following titles were introduced the Department’s final rule—Airworthiness ceived January 2, 1997, pursuant to 5 U.S.C. and severally referred, as follows: Directives; Fokker Model F28 Mark 0070 and 801(a)(1)(A); to the Committee on Transpor- By Mr. BALLENGER (for himself, Mr. 0100 Series Airplanes (Federal Aviation Ad- tation and Infrastructure. GOODLING, Mrs. MYRICK, Ms. DUNN of ministration) [Docket No. 96–NM–268–AD; 922. A letter from the Chairman, Arctic Re- Washington, Ms. MOLINARI, Mr. Amdt. 39–9850; AD 96–24–10] (RIN: 2120–AA64) search Commission, transmitting the Com- GREENWOOD, Mr. SHAYS, Mr. STEN- received December 19, 1996, pursuant to 5 mission’s annual reports for fiscal years 1994 U.S.C. 801(a)(1)(A); to the Committee on HOLM, Ms. PRYCE of Ohio, Mr. DOOLEY and 1995, pursuant to 15 U.S.C. 4103(b); to the of California, Mr. UPTON, Mrs. FOWL- Transportation and Infrastructure. Committee on Science. 913. A letter from the General Counsel, De- ER, Mr. FOX of Pennsylvania, Ms. 923. A letter from the Secretary of Energy, partment of Transportation, transmitting GRANGER, Mr. CAMPBELL, Mr. PETRI, transmitting the Department’s report on the the Department’s final rule—Airworthiness Mr. FAWELL, Mr. RIGGS, Mr. continued production of the naval petroleum Directives; McDonnell Douglas Model MD–11 KNOLLENBERG, Mr. NORWOOD, Mr. reserves beyond April 5, 1997; jointly to the Series Airplanes (Federal Aviation Adminis- BURR of North Carolina, Mr. HERGER, Committees on National Security and Com- tration) [Docket No. 96–NM–160–AD; Amdt. Mr. BARRETT of Nebraska, Mr. merce. 39–9862; AD 96–25–19] (RIN: 2120–AA64) re- MCKEON, Mr. CUNNINGHAM, Mr. GRA- 924. A letter from the Under Secretary of ceived December 19, 1996, pursuant to 5 HAM, Mr. INGLIS of South Carolina, Defense, transmitting notification of the De- U.S.C. 801(a)(1)(A); to the Committee on Mr. HAYWORTH, Mr. MILLER of Flor- partment’s intent to transfer funds author- Transportation and Infrastructure. ida, Mr. COBURN, Mr. MCCOLLUM, Mr. 914. A letter from the General Counsel, De- ized by sections 8006, 9006, 8006, 8005, and 8005 EHLERS, Mr. BARTLETT of Maryland, partment of Transportation, transmitting of the Department of Defense appropriations Mr. GOSS, Mr. GOODLATTE, Mr. the Department’s final rule—Modification of acts for fiscal year 1992, fiscal year 1993, fis- MCINTOSH, Mr. LATOURETTE, Mr. the Los Angeles Class B Airspace Area; CA cal year 1994, fiscal year 1995, and fiscal year NEY, Mr. BUNNING of Kentucky, Mr. (Federal Aviation Administration) [Airspace 1996, respectively, and sections 1001, 1001, BOEHNER, and Mr. SMITH of Texas): Docket No. 93–AWA–13] (RIN: 2120–AA66) re- 1101, 1001, and 1001 of the Department of De- H.R. 1. A bill to amend the Fair Labor ceived December 19, 1996, pursuant to 5 fense authorization acts for those same Standards Act of 1938 to provide compen- U.S.C. 801(a)(1)(A); to the Committee on years; jointly, to the Committees on Na- satory time for employees in the private sec- Transportation and Infrastructure. tional Security and Appropriations. tor; to the Committee on Education and the 915. A letter from the General Counsel, De- 925. A letter from the Chairman, Federal Workforce. partment of Transportation, transmitting Communications Commission, transmitting By Mr. LAZIO of New York: the Department’s final rule—Stage 2 Air- the 81st annual report of the Federal Trade H.R. 2. A bill to repeal the United States plane Operations [Docket No. 28213; Amdt. Commission, pursuant to 47 U.S.C. 154(k); Housing Act of 1937, deregulate the public No. 91–252] (RIN: 2120–AE83) received Decem- jointly, Committees on Commerce and the housing program and the program for rental ber 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Judiciary. housing assistance for low-income families, to the Committee on Transportation and In- 926. A letter from the Assistant Secretary and increase community control over such frastructure. for Legislative Affairs, Department of State, programs, and for other purposes; to the 916. A letter from the General Counsel, De- transmitting notification of the Depart- Committee on Banking and Financial Serv- partment of Transportation, transmitting ment’s intent to obligate funds for assist- ices. the Department’s final rule—Removal of ance to Eastern Europe and the Baltic By Mr. MCCOLLUM (for himself, Mr. Class E2 Airspace; Winston-Salem, NC (Fed- States, pursuant to 22 U.S.C. 2394–1(a); joint- COBLE, Mr. BARR of Georgia, Mr. BRY- eral Aviation Administration) [Airspace ly, to the Committees on International Rela- ANT, and Mr. CANADY of Florida): Docket No. 96–ASO–37] (RIN: 2120–AA66) re- tions and Appropriations. H.R. 3. A bill to combat violent youth ceived December 19, 1996, pursuant to 5 927. A letter from the Assistant Secretary crime and increase accountability for juve- U.S.C. 801(a)(1)(A); to the Committee on for Legislative Affairs, Department of State, nile criminal offenses; to the Committee on Transportation and Infrastructure. transmitting the Department’s report of the the Judiciary. 917. A letter from the General Counsel, De- Dole Amendment restrictions on assistance By Mr. SHUSTER (for himself and Mr. partment of Transportation, transmitting to Haiti; jointly to the Committees on Inter- OBERSTAR): the Department’s final rule—Allowable Car- national Relations and Appropriations. H.R. 4. A bill to provide off-budget treat- bon Dioxide Concentration in Transport Cat- 928. A letter from the Executive Director, ment for the highway trust fund, the airport egory Airplane Cabins (Federal Aviation Ad- Office of Compliance, transmitting notice of and airway trust fund, the inland waterways ministration) [Docket No. 27704, Amdt. No. proposed rulemaking for publication in the trust fund, and the harbor maintenance trust 25–89] (RIN: 2120–AD47) received December 19, CONGRESSIONAL RECORD, pursuant to Public fund; to the Committee on Transportation 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Law 104–1, section 303(b) (109 Stat. 28); joint- and Infrastructure, and in addition to the Committee on Transportation and Infra- ly, to the Committees on House Oversight Committee on the Budget, for a period to be structure. and Education and the Workforce. subsequently determined by the Speaker, in 918. A letter from the General Counsel, De- 929. A letter from the Chair of the Board, each case for consideration of such provi- partment of Transportation, transmitting Office of Compliance, transmitting notice of sions as fall within the jurisdiction of the the Department’s final rule—Amendment of adoption of regulations for publication in the committee concerned. Class E Airspace; Grass Valley, CA (Federal CONGRESSIONAL RECORD, pursuant to Public By Mr. GOODLING (for himself, Mr. Aviation Administration) [Airspace Docket Law 104–1, section 304(b)(1) (109 Stat. 29); RIGGS, Mr. CASTLE, Mr. PETRI, Mr. No. 96–AWP–25] (RIN: 2120–AA66) received jointly, to the Committees on House Over- BALLENGER, Mr. BARRETT of Ne- December 19, 1996, pursuant to 5 U.S.C. sight and Education and the Workforce. braska, Mr. MCKEON, Mr. TALENT, 801(a)(1)(A); to the Committee on Transpor- 930. A letter from the Chair of the Board, Mr. GREENWOOD, Mr. KNOLLENBERG, tation and Infrastructure. Office of Compliance, transmitting notice of Mr. GRAHAM, Mr. SOUDER, Mr. 919. A letter from the General Counsel, De- adoption of regulations for publication in the MCINTOSH, Mr. NORWOOD, and Mr. partment of Transportation, transmitting CONGRESSIONAL RECORD, pursuant to Public CUNNINGHAM):

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H139

H.R. 5. A bill to amend the Individuals of Pennsylvania, Mr. MORAN of Vir- tic violence misdemeanor conviction do not with Disabilities Education Act, to reauthor- ginia, and Mr. HALL of Texas. apply if the conviction occurred before the ize and make improvements to that act, and H.R. 14. A bill to amend the Internal Reve- prohibitions became law; to the Committee for other purposes; to the Committee on nue Code of 1986 to provide maximum rates on the Judiciary. Education and the Workforce. of tax on capital gains of 14 percent for indi- By Mr. BARTLETT of Maryland (for By Mr. MCKEON (for himself, Mr. viduals and 28 percent for corporations and himself, Mr. BARTON of Texas, Mr. GOODLING, Mr. CLAY, and Mr. KIL- to index the basis of assets of individuals for SOLOMON, Mr. COBLE, Mr. CALLAHAN, DEE): purposes of determining gains and losses; to Mr. CUNNINGHAM, Mr. CALVERT, Mr. H.R. 6. A bill to extend the authorization the Committee on Ways and Means. BARCIA of Michigan, Mr. YOUNG of of programs under the Higher Education Act By Mr. THOMAS (for himself, Mr. BILI- Alaska, Mr. DOOLITTLE, Mr. STUMP, of 1965, and for other purposes; to the Com- RAKIS, and Mr. CARDIN): Mr. COLLINS, Mrs. CHENOWETH, Mr. mittee on Education and the Workforce. H.R. 15. A bill to amend title XVIII of the COBURN, Mr. CONDIT, Mr. BURTON of By Mr. BILBRAY (for himself, Mr. AR- Social Security Act to improve preventive Indiana, and Mr. HOLDEN): CHER, Mr. BALLENGER, Mr. BEREUTER, benefits under the Medicare Program; to the H.R. 27. A bill to protect the right to ob- Mr. BRYANT, Mr. CUNNINGHAM, Mr. Committee on Commerce, and in addition to tain firearms for security, and to use fire- DOOLITTLE, Mr. GOODLATTE, Mr. the Committee on Ways and Means, for a pe- arms in defense of self, family, or home, and HERGER, Mr. HORN, Mr. HUNTER, Mr. riod to be subsequently determined by the to provide for the enforcement of such right; INGLIS of South Carolina, Mr. JONES, Speaker, in each case for consideration of to the Committee on the Judiciary. Mr. MCCOLLUM, Mr. MCINTOSH, Mr. such provisions as fall within the jurisdic- By Mr. BEREUTER: MCKEON, Mr. PACKARD, Mr. tion of the committee concerned. H.R. 28. A bill to amend the Housing Act of RADANOVICH, Mr. RIGGS, Mr. By Mr. DINGELL: 1949 to extend the loan guarantee program ROHRABACHER, Mr. ROYCE, Mr. SKEEN, H.R. 16. A bill to provide a program of na- for multifamily rental housing in rural Mr. TRAFICANT, Mr. WAMP, Mr. tional health insurance, and for other pur- areas; to the Committee on Banking and Fi- WELDON of Florida, and Mr. WELLER): poses; to the Committee on Commerce, and nancial Services. H.R. 7. A bill to amend the Immigration in addition to the Committee on Ways and By Mr. RANGEL (for himself, Mr. GEP- and Nationality Act to deny citizenship at Means, for a period to be subsequently deter- HARDT, Mrs. MALONEY of New York, birth to children born in the United States of mined by the Speaker, in each case for con- Mr. CUMMINGS, Mr. NEAL of Massa- parents who are not citizens or permanent sideration of such provisions as fall within chusetts, Mr. KENNEDY of Massachu- resident aliens; to the Committee on the Ju- the jurisdiction of the committee concerned. setts, Ms. JACKSON-LEE, Mr. diciary. By Mr. POMEROY: PORTMAN, Mr. SERRANO, Mr. CON- By Mr. BILBRAY (for himself, Mr. H.R. 17. A bill to amend the Internal Reve- YERS, Mr. SABO, Mr. UNDERWOOD, BARTON of Texas, Mr. FILNER, Mr. nue Code of 1986 to encourage retirement Mrs. MEEK of Florida, Mr. PAYNE, Mr. HUNTER, Mr. CUNNINGHAM, Mr. CAL- savings by allowing more individuals to PALLONE, Mr. FRANK of Massachu- VERT, Mr. BONO, and Mr. CONDIT): make contributions to individual retirement setts, Mr. ACKERMAN, Ms. WATERS, H.R. 8. A bill to amend the Clean Air Act plans, and for other purposes; to the Com- Mr. JEFFERSON, Ms. NORTON, Mr. to deny entry into the United States of cer- mittee on Ways and Means. NADLER, Mr. JACKSON, Mr. HASTINGS tain foreign motor vehicles that do not com- H.R. 18. A bill to amend the Internal Reve- of Florida, Ms. DELAURO, Mr. MAT- ply with State laws governing motor vehi- nue Code of 1986 to increase to 100 percent SUI, and Mr. BARRETT of Wisconsin): cles emissions, and for other purposes; to the the amount of the deduction for the health H.R. 29. A bill to designate the Federal Committee on Commerce. insurance costs of self-employed individuals; building located at 290 Broadway in New By Mr. SERRANO: to the Committee on Ways and Means. H.R. 9. A bill to waive certain prohibitions York, NY, as the ‘‘Ronald H. Brown Federal H.R. 19. A bill to amend the Internal Reve- with respect to nationals of Cuba coming to Building’’; to the Committee on Transpor- nue Code of 1986 to provide a deduction for the United States to play organized profes- tation and Infrastructure. higher education expenses; to the Committee sional baseball; referred to the Committee By Mr. EHLERS: on Ways and Means. on International Relations, and in addition H.R. 30. A bill to amend title 11 of the to the Committee on the Judiciary, for a pe- By Mr. MICA: United States Code to make nondischarge- H.R. 20. A bill to authorize the Architect of riod to be subsequently determined by the able a debt for death or injury caused by the Speaker, in each case for consideration of the Capitol to establish a Capitol Visitor debtor’s operation of watercraft or aircraft such provisions as fall within the jurisdic- Center under the East Plaza of the U.S. Cap- while intoxicated; to the Committee on the tion of the committee concerned. itol, and for other purposes; to the Commit- Judiciary. tee on Transportation and Infrastructure. By Mr. LEACH (for himself, Mrs. ROU- By Mr. BAKER (for himself and Mr. By Mr. CONYERS: KEMA, Mr. CASTLE, and Mr. LAZIO of KANJORSKI): H.R. 21. A bill to require the general appli- New York): H.R. 31. A bill to reform the Federal Home H.R. 10. A bill to enhance competition in cation of the antitrust laws to major league Loan Bank System, and for other purposes; the financial services industry by providing baseball, and for other purposes; to the Com- to the Committee on Banking and Financial a prudential framework for the affiliation of mittee on the Judiciary. Services. banks, securities firms, and other financial By Mr. MCHUGH: By Mr. BAKER (for himself, Mr. service providers, and for other purposes; re- H.R. 22. A bill to reform the postal laws of BACHUS, and Mr. LAZIO of New York): ferred to the Committee on Banking and Fi- the United States; to the Committee on Gov- H.R. 32. A bill to terminate the property nancial Services, and in addition to the Com- ernment Reform and Oversight. disposition program of the Department of mittee on Commerce, for a period to be sub- By Mr. CLAY: Housing and Urban Development providing sequently determined by the Speaker, in H.R. 23. A bill to amend the Fair Labor single family properties for use for the each case for consideration of such provi- Standards Act of 1938 to provide for legal ac- homeless; to the Committee on Banking and sions as fall within the jurisdiction of the countability for sweatshop conditions in the Financial Services. committee concerned. garment industry, and for other purposes; to By Mr. BEREUTER: By Mr. ARCHER: the Committee on Education and the H.R. 33. A bill to amend the Housing and H.R. 11. A bill to amend the Federal Elec- Workforce. Community Development Act of 1992 to ex- tion Campaign Act of 1971 to prohibit politi- By Mr. BARR of Georgia: tend the loan guarantee program for Indian cal action committees from making con- H.R. 24. A bill to provide for State credit housing; to the Committee on Banking and tributions or expenditures for the purpose of union representation on the National Credit Financial Services. influencing elections for Federal office, and Union Administration Board, and for other H.R. 34. A bill to amend the Federal Elec- for other purposes; to the Committee on purposes; to the Committee on Banking and tion Campaign Act of 1971 to prohibit indi- House Oversight. Financial Services. viduals who are not citizens of the United By Mr. SCHUMER (for himself and Mr. By Mr. EHLERS: States from making contributions or expend- NADLER): H.R. 25. A bill to amend the Internal Reve- itures in connection with an election for H.R. 12. A bill to prevent handgun violence nue Code of 1986 to provide that the percent- Federal office; to the Committee on House and illegal commerce in handguns; to the age of completion method of accounting Oversight. Committee on the Judiciary. shall not be required to be used with respect H.R. 35. A bill to provide a more effective By Mr. BASS: to contracts for the manufacture of property remedy for inadequate trade benefits ex- H.R. 13. A bill to amend the Silvio O. Conte if no payments are required to be made be- tended to the United States by other coun- National Fish and Wildlife Refuge Act to fore the completion of the manufacture of tries and for restrictions on free emigration provide that the Secretary of the Interior such property; to the Committee on Ways imposed by other countries; to the Commit- may acquire lands for purposes of that act and Means. tee on Ways and Means. only by donation or exchange, or otherwise By Mr. BARR of Georgia (for himself By Mr. BEREUTER (for himself, Mr. with the consent of owner of the lands; to and Mr. STUMP): BERMAN, Mr. GILMAN, Mr. CRANE, and the Committee on Resources. H.R. 26. A bill to amend title 18, United Mr. MATSUI): By Mr. DREIER (for himself, Ms. States Code, to provide that the firearms H.R. 36. A bill to authorize the extension of MCCARTHY of Missouri, Mr. ENGLISH prohibitions applicable by reason of a domes- nondiscriminatory treatment (most-favored-

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H140 CONGRESSIONAL RECORD — HOUSE January 9, 1997 nation treatment) to the products of Mongo- enacted in the Social Security Amendments duty-free treatment under that act for live lia; to the Committee on Ways and Means. of 1977 (and related beneficiaries) and to pro- plants and fresh cut flowers described in By Mr. BILIRAKIS: vide prospectively for increases in their ben- chapter 6 of the Harmonized Tariff Schedule H.R. 37. A bill to amend title 39, United efits accordingly; to the Committee on Ways of the United States; to the Committee on States Code, to exempt veterans’ organiza- and Means. Ways and Means. tions from regulations prohibiting the solici- By Mr. COBLE: By Mr. FORBES: tation of contributions on postal property; H.R. 46. A bill to repeal the provision of H.R. 55. A bill to amend the Marine Protec- to the Committee on Government Reform law under which pay for Members of Con- tion, Research, and Sanctuaries Act of 1972 and Oversight. gress is automatically adjusted; to the Com- relating to the dumping of dredged material By Mr. BILIRAKIS (for himself and Mr. mittee on Government Reform and Over- in Long Island Sound, and for other pur- NORWOOD): sight, and in addition to the Committee on poses; to the Committee on Transportation H.R. 38. A bill to provide a minimum survi- House Oversight, for a period to be subse- and Infrastructure. vor annuity for the unremarried surviving quently determined by the Speaker, in each H.R. 56. A bill to authorize establishment spouses of retired members of the Armed case for consideration of such provisions as of a Department of Veterans Affairs ambula- Forces who died before having an oppor- fall within the jurisdiction of the committee tory care facility in Brookhaven, NY; to the tunity to participate in the survivor benefit concerned. Committee on Veterans’ Affairs. plan; to the Committee on National Secu- H.R. 47. A bill to make Members of Con- By Mr. FROST: H.R. 57. A bill to amend the Federal Credit rity. gress ineligible to participate in the Federal Union Act to clarify that residents of certain By Mr. YOUNG of Alaska (for himself Employees’ Retirement System; to the Com- neighborhoods which are underserved by de- and Mr. CUNNINGHAM): mittee on Government Reform and Over- pository institutions may become members H.R. 39. A bill to reauthorize the African sight, and in addition to the Committee on of any Federal credit union which estab- Elephant Conservation Act; to the Commit- House Oversight, for a period to be subse- lishes a branch in such neighborhood; to the tee on Resources. quently determined by the Speaker, in each Committee on Banking and Financial Serv- By Mr. CONYERS (for himself, Mr. case for consideration of such provisions as ices. FATTAH, Mr. FOGLIETTA, Mr. HAST- fall within the jurisdiction of the committee By Ms. FURSE (for herself, Mr. INGS of Florida, Mr. HILLIARD, Mr. concerned. NETHERCUTT, Mr. DINGELL, Mr. BE- JEFFERSON, Ms. EDDIE BERNICE JOHN- H.R. 48. A bill to limit the duration of cer- REUTER, Mr. BOUCHER, Mr. DAVIS of SON of Texas, Mrs. MEEK of Florida, tain benefits afforded to former Presidents, Virginia, Mr. DEAL of Georgia, Mr. Mr. OWENS, Mr. RUSH, and Mr. and for other purposes; to the Committee on WAXMAN, Mr. WYNN, Mr. SKEEN, Mr. TOWNS): the Judiciary, and in addition to the Com- SAWYER, Mr. RUSH, Ms. ESHOO, Mr. H.R. 40. A bill to acknowledge the fun- mittee on Government Reform and Over- NEY, Mr. RAMSTAD, Mrs. KENNELLY of damental injustice, cruelty, brutality, and sight, for a period to be subsequently deter- Connecticut, Mr. GREEN, Mr. BROWN inhumanity of slavery in the United States mined by the Speaker, in each case for con- of Ohio, Mr. PALLONE, Ms. PRYCE of and the 13 American colonies between 1619 sideration of such provisions as fall within Ohio, Mr. POMEROY, Mr. SERRANO, and 1865 and to establish a commission to ex- the jurisdiction of the committee concerned. Mr. ENGEL, Mr. MARKEY, Mr. MAN- amine the institution of slavery, subsequent By Mr. CONDIT: TON, Mr. WATTS of Oklahoma, Mr. de jure and de facto racial and economic dis- H.R. 49. A bill to amend title 39, United STUPAK, Mr. STARK, Mr. TOWNS, Mr. crimination against African-Americans, and States Code, to prevent the U.S. Postal Serv- GORDON, Mrs. MORELLA, Mr. KLINK, the impact of these forces on living African- ice from disclosing the names or addresses of Mr. CONDIT, Mr. DEUTSCH, Mrs. Americans, to make recommendations to the any postal patrons or other persons, except MYRICK, Ms. SLAUGHTER, Mr. Congress on appropriate remedies, and for under certain conditions; to the Committee MCKEON, Mr. HALL of Ohio, Mr. HAM- other purposes; to the Committee on the Ju- on Government Reform and Oversight. ILTON, Ms. of H.R. 50. A bill to provide for the operation diciary. Texas, Mr. BARRETT of Wisconsin, of a combined post exchange and commissary By Mr. GINGRICH: Mr. KILDEE, Mr. ACKERMAN, Mr. H.R. 41. A bill to provide a sentence of store at Castle Air Force Base, CA, a mili- YATES, Mr. WOLF, Mr. ANDREWS, Mr. death for certain importations of significant tary installation selected for closure under BALDACCI, Mr. PETRI, Mr. quantities of controlled substances; to the the base closure laws, in order to ensure that BLUMENAUER, Mr. BONIOR, Ms. Committee on the Judiciary, and in addition adequate services remain available to the PELOSI, Mr. SCHIFF, Mr. WATT of to the Committee on Commerce, for a period numerous members of the Armed Forces, re- North Carolina, Mr. UNDERWOOD, Mr. to be subsequently determined by the Speak- tired members, and their dependents who re- CARDIN, Mr. CLAY, Ms. DELAURO, Mr. er, in each case for consideration of such pro- side in the vicinity of the installation; to the FAZIO of California, Mr. LAFALCE, visions as fall within the jurisdiction of the Committee on National Security. Mrs. MALONEY of New York, Mrs. H.R. 51. A bill to amend title 10, United committee concerned. MINK of Hawaii, Mr. RAHALL, Mr. States Code, to provide that persons retiring By Mr. BILIRAKIS: SABO, Mr. MARTINEZ, Mr. MASCARA, H.R. 42. A bill to amend the Internal Reve- from the Armed Forces shall be entitled to Mr. GEPHARDT, Mr. GEJDENSON, Mr. nue Code of 1986 to provide a tax credit to all benefits which were promised them when WAMP, Mr. DEFAZIO, and Ms. HOOLEY any employer who employs a member of the they entered the Armed Forces; to the Com- of Oregon): Ready Reserve or of the National Guard for mittee on National Security. H.R. 58. A bill to amend title XVIII of the a portion of the value of the service not per- H.R. 52. A bill to establish a code of air in- Social Security Act to improve Medicare formed for the employer while the employee formation practices for health information, treatment and education for beneficiaries is performing service as such a member; to to amend section 552a of title 5, United with diabetes by providing coverage of diabe- the Committee on Ways and Means. States Code, and for other purposes; to the tes outpatient self-management training H.R. 43. A bill to amend the Internal Reve- Committee on Commerce, and in addition to services and uniform coverage of blood-test- nue Code of 1986 to provide a tax credit to the Committees on Government Reform and ing strips for individuals with diabetes; to any employer who employs a member of the Oversight, and the Judiciary, for a period to the Committee on Commerce, and in addi- Ready Reserve or of the National Guard for be subsequently determined by the Speaker, tion to the Committee on Ways and Means, a portion of the compensation paid by the in each case for consideration of such provi- for a period to be subsequently determined employer while the employee is performing sions as fall within the jurisdiction of the by the Speaker, in each case for consider- service as such a member; to the Committee committee concerned. ation of such provisions as fall within the ju- on Ways and Means. By Ms. ESHOO (for herself, Mr. ROTH- risdiction of the committee concerned. H.R. 44. A bill to amend title 10, United MAN, Mr. FARR of California, Mr. By Mr. GOODLATTE (for himself, Mr. States Code, to provide limited authority for UNDERWOOD, Mr. HASTINGS of Florida, DICKEY, Mr. HAYWORTH, Mr. LARGENT, concurrent payment of retired pay and veter- Mr. KENNEDY of Rhode Island, Mr. Mr. DAVIS of Virginia, Mr. STUMP, ans’ disability compensation for certain dis- FROST, Ms. NORTON, Mr. MENENDEZ, Mr. MILLER of Florida, Mr. TAYLOR of abled veterans; to the Committee on Na- Ms. JACKSON-LEE, and Mr. GREEN): North Carolina, Mr. BARRETT of Ne- tional Security, and in addition to the Com- H.R. 53. A bill to amend the Internal Reve- braska, Mr. LINDER, Mr. CUNNINGHAM, mittee on Veterans’ Affairs, for a period to nue Code of 1986 to establish a Higher Edu- Mr. BURR of North Carolina, Mr. BLI- be subsequently determined by the Speaker, cation Accumulation Program [HEAP] under LEY, Mr. BARTON of Texas, Mr. in each case for consideration of such provi- which individuals are allowed a deduction SCARBOROUGH, Mr. HANSEN, Mr. CAL- sions as fall within the jurisdiction of the for contributions to HEAP accounts; to the VERT, Mrs. MYRICK, Mr. BONILLA, Mr. committee concerned. Committee on Ways and Means. MCKEON, Mr. BALLENGER, Mr. ISTOOK, By Mr CLEMENT: By Mr. FARR of California (for him- and Mr. GRAHAM): H.R. 45. A bill to amend title II of the So- self, Mr. CAMPBELL, Ms. ESHOO, Mr. H.R. 59. A bill to preserve and protect the cial Security Act to provide for an improved RIGGS, Mr. FAZIO of California, Mr. free choice of individual employees to form, benefit computation formula for workers CUNNINGHAM, Mr. LANTOS, and Ms. join, or assist labor organizations, or to re- who attain age 65 in or after 1982 and to LOFGREN): frain from such activities; to the Committee whom applies the 15-year period of transition H.R. 54. A bill to amend the Andean Trade on Education and the Workforce, and in ad- to the changes in benefit computation rules Preference Act to prohibit the provision of dition to the Committee on Transportation

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H141 and Infrastructure, for a period to be subse- candidate political committee contributions tional Forest in the State of California for quently determined by the Speaker, in each and expenditures in elections for Federal of- the benefit of the Hoopa Valley Tribe; to the case for consideration of such provisions as fice; to the Committee on House Oversight. Committee on Resources. fall within the jurisdiction of the committee By Mr. KNOLLENBERG: By Mr. ROEMER: concerned. H.R. 71. A bill to amend the Fair Labor H.R. 80. A bill to require the return of ex- By Mr. HAYWORTH: Standards Act of 1938 to exempt from the cess amounts from the representational al- H.R. 60. A bill to authorize the Secretary of minimum wage and overtime requirements lowances of Members of the House of Rep- the Interior to provide assistance to the Casa individuals who volunteer their time in order resentatives to the Treasury for deficit re- Malpais National Historic Landmark in to enhance their occupational opportunities; duction; to the Committee on House Over- Springerville, AZ; to the Committee on Re- to the Committee on Education and the sight. sources. Workforce. H.R. 81. A bill to designate the U.S. court- By Mr. HERGER: H.R. 72. A bill to amend title 17, United house located at 401 South Michigan Street H.R. 61. A bill to direct the Secretary of States Code, to allow the making of a copy in South Bend, IN, as the ‘‘Robert K. Agriculture to assure that the operations of of a computer program in connection with Rodibaugh United States Bankruptcy Court- the Forest Service are free of racial, sexual, the maintenance or repair of a computer; to house’’; to the Committee on Transportation and ethnic discrimination; to the Committee the Committee on the Judiciary. and Infrastructure. on Agriculture. H.R. 73. A bill to amend section 101 of title By Mr. SCHUMER (for himself and Ms. H.R. 62. A bill to provide relief to State 11 of the United States Code to modify the SLAUGHTER): and local governments from Federal regula- definition of single asset real estate and to H.R. 82. A bill to amend the Internal Reve- tion; to the Committee on Government Re- make technical corrections; to the Commit- nue Code of 1986 to make higher education form and Oversight. tee on the Judiciary. more affordable by providing tax benefits to H.R. 63. A bill to designate the By Mr. LEWIS of Georgia (for himself, individuals who save for, or pay for, higher created by Trinity Dam in the Central Val- Mr. MORAN of Virginia, Ms. NORTON, education; to the Committee on Ways and ley project, CA, as ‘‘Trinity Lake’’; to the Mr. FRANK of Massachusetts, Mr. Means. Committee on Resources. ACKERMAN, Mr. FOGLIETTA, Mr. CON- By Mr. SCHUMER: By Mr. HERGER (for himself and Ms. YERS, Mr. TOWNS, MS. PELOSI, Mr. H.R. 83. A bill to enhance and protect re- DUNN of Washington): FLAKE, Mr. HALL of Ohio, Mr. OBER- tirement savings; referred to the Committee H.R. 64. A bill to amend the Internal Reve- STAR, Mr. FAZIO of California, Mr. on Ways and Means, and in addition to the nue Code of 1986 to provide an inflation ad- KENNEDY of Massachusetts, Mr. GON- Committee on Education and the Workforce, justment for the amount of the maximum ZALEZ, and Mr. SHAYS): for a period to be subsequently determined benefit under the special estate tax valu- A bill to protect the voting rights of home- by the Speaker, in each case for consider- ation rules for certain farm, and so forth, less citizens; to the Committee on the Judi- ation of such provisions as fall within the ju- real property; to the Committee on Ways and ciary. risdiction of the committee concerned. Means. By Ms. MCCARTHY of Missouri (for By Ms. SLAUGHTER: By Mr. BILIRAKIS (for himself and Mr. herself, Mr. FAZIO of California, Mr. H.R. 84. A bill to amend the Communica- NORWOOD): FROST, Mr. LUTHER, Ms. LOFGREN, tions Act of 1934 to require radio and tele- H.R. 65. A bill to amend title 10, United Mr. MASCARA, Ms. RIVERS, Ms. KAP- vision broadcasters to provide free broad- States Code, to permit retired members of TUR, Mr. PALLONE, Mr. CUMMINGS, casting time for political advertising; to the the Armed Forces who have a service-con- Mr. DOYLE, Mrs. KENNELLY of Con- Committee on Commerce. nected disability to receive military retired necticut, Mr. BLUMENAUER, Mr. KEN- H.R. 85. A bill to improve the regulation of pay concurrently with veterans’ disability NEDY of Rhode Island, Mr. DOOLEY of explosives and explosive materials, and to compensation; to the Committee on National California, Mr. FATTAH, Mr. JACKSON, prevent the use of explosives against persons Security. Ms. MILLENDER-MCDONALD, Mr. BOS- and the unlawful use of explosives against By Mr. COBURN (for himself and Mr. WELL, and Ms. JACKSON-LEE): property; to the Committee on the Judici- BROWN of Ohio): H.R. 75. A bill to establish the National ary. H.R. 66. A bill to amend title XVIII of the Commission on the Long-term Solvency of By Mr. SMITH of Michigan (for him- Social Security Act to provide protections the Medicare Program; to the Committee on self, Mr. SMITH of Oregon, Mr. STEN- for Medicare beneficiaries who enroll in Med- Ways and Means, and in addition to the Com- HOLM, Mr. SKEEN, Mr. BARCIA of icare managed care plans; to the Committee mittees on Commerce, and Rules, for a pe- Michigan, Mr. BARRETT of Wisconsin, on Ways and Means, and in addition to the riod to be subsequently determined by the Mr. BOEHNER, Mr. EVANS, Mr. Committee on Commerce, for a period to be Speaker, in each case for consideration of HOSTETTLER, Mr. NORWOOD, Mr. subsequently determined by the Speaker, in such provisions as fall within the jurisdic- POMEROY, Ms. STABENOW, Mr. COM- each case for consideration of such provi- tion of the committee concerned. BEST, Mr. MCHUGH, Mr. WELLER, Mr. sions as fall within the jurisdiction of the By Mr. MORGAN of Virginia (for him- SOLOMON, Mr. POMBO, Mr. BOSWELL, committee concerned. self, Mr. WATTS of Oklahoma, Mr. Mr. CHAMBLISS, Mr. LATHAM, Mr. By Mr. HERGER: HEFNER, and Mr. DEAL of Georgia): BLUNT, Mr. PETERSON of Minnesota, H.R. 67. A bill to amend the Internal Reve- H.R. 76. A bill to amend title 10, United Mr. HILL, Mr. EWING, Mr. HASTERT, nue Code of 1986 to allow a credit or refund States Code, to permit covered beneficiaries Mr. KINGSTON, Mr. HERGER, Mr. of motor fuel excise taxes on fuel used by the under the military health care system who THUNE, Mr. FROST, Mr. MCINNIS, Mr. motor of a highway vehicle to operate cer- are also entitled to Medicare to enroll in the PARKER, Mr. NETHERCUTT, Mr. SEN- tain power takeoff equipment on such vehi- Federal Employees Health Benefits Program; SENBRENNER, and Mr. CRAPO): cle; to the Committee on Ways and Means. to the Committee on National Security, and H.R. 86. A bill to amend the Internal Reve- By Mr. HOLDEN (for himself, Mr. BE- in addition to the Committee on Government nue Code of 1986 to allow farmers to income REUTER, Mr. BORSKI, Mr. BOUCHER, Reform and Oversight, for a period to be sub- average over 2 years; to the Committee on Ms. BROWN of Florida, Mr. CONDIT, sequently determined by the Speaker, in Ways and Means. Mr. DEFAZIO, Mr. DELLUMS, Mr. each case for consideration of such provi- By Mr. SOLOMON: EVANS, Mr. FROST, Mr. GREEN, Ms. sions as fall within the jurisdiction of the H.R. 87. A bill to oppose the provision of EDDIE BERNICE JOHNSON of Texas, Mr. committee concerned. assistance to the People’s Republic of China LEWIS of Georgia, Ms. MCKINNEY, Mr. By Mr. POMEROY: by any international financial institution; to STUPAK, Mr. OWENS, and Mr. SMITH of H.R. 77. A bill to amend the Federal Elec- the Committee on Banking and Financial New Jersey): tion Campaign Act of 1971 to limit expendi- Services. H.R. 68. A bill to amend title II of the So- tures in House of Representatives elections; H.R. 88. A bill to suspend Federal edu- cial Security Act to provide that a monthly to the Committee on House Oversight. cation benefits to individuals convicted of insurance benefit thereunder shall be paid By Mr. REGULA: drug offenses; to the Committee on Edu- for the month in which the recipient dies, H.R. 78. A bill to assess the impact of the cation and the Workforce. subject to a reduction of 50 percent if the re- NAFTA, to require further negotiation of H.R. 89. A bill to require pre-employment cipient dies during the first 15 days of such certain provisions of the NAFTA, to estab- drug testing with respect to applicants for month, and for other purposes; to the Com- lish a commission to review the dispute set- Federal employment; to the Committee on mittee on Ways and Means. tlement reports of the World Trade Organiza- Government Reform and Oversight. By Mr. HOLDEN: tion, and for other purposes; to the Commit- H.R. 90. A bill to require random drug test- H.R. 69. A bill to amend the Internal Reve- tee on Ways and Means, and in addition to ing within the executive branch of the Gov- nue Code of 1986 to increase to 100 percent the Committee on Rules, for a period to be ernment; to the Committee on Government the amount of the deduction for the health subsequently determined by the Speaker, in Reform and Oversight. insurance costs of self-employed individuals; each case for consideration of such provi- H.R. 91. A bill to amend the Omnibus to the Committee on Ways and Means. sions as fall within the jurisdiction of the Crime Control and Safe Streets Act of 1968 to By Mr. INGLIS of South Carolina (for committee concerned. reduce funding if States do not enact legisla- himself and Mr. SANFORD): By Mr. RIGGS: tion that requires the death penalty in cer- H.R. 70. A bill to amend the Federal Elec- H.R. 79. A bill to provide for the convey- tain cases; to the Committee on the Judici- tion Campaign Act of 1971 to prohibit multi- ance of certain land in the Six Rivers Na- ary.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H142 CONGRESSIONAL RECORD — HOUSE January 9, 1997 H.R. 92. A bill to require random drug test- foundation, to provide additional adminis- agricultural land in Dos Palos, CA, to the ing of Federal judicial branch officers and trative support to the foundation, to author- Dos Palos Ag Boosters for use as a farm employees; to the Committee on the Judici- ize the use of investment income, and to per- school; to the Committee on Agriculture. ary. mit the foundation to license the use of H.R. 112. A bill to provide for the convey- H.R. 93. A bill to prohibit the importation trademarks, tradenames, and other such de- ance of certain property from the United of foreign-made flags of the United States of vices to advertise that a person is an official States to Stanislaus County, CA; to the America; to the Committee on Ways and sponsor or supporter of the Forest Service or Committee on Science. Means. the National Forest System; to the Commit- By Mr. CONDIT (for himself and Ms. By Mr. BATEMAN: tee on Agriculture. GRANGER): H.R. 94. A bill to amend the Fair Labor By Mr. BARR of Georgia: H.R. 113. A bill to amend chapter 11 of title Standards Act of 1938 to provide an exemp- H.R. 102. A bill to require the national in- 31, United States Code, to require that each tion from overtime compensation for fire- stant criminal background check system to President’s budget submission to Congress fighters and rescue squad members who vol- be established and used in connection with include a detailed plan to achieve a balanced unteer their services; to the Committee on firearms transfers by November 28, 1997; to Federal budget, and for other purposes; to Education and the Workforce. the Committee on the Judiciary. the Committee on the Budget, and in addi- By Mr. SOLOMON: By Mr. BARR of Georgia (for himself tion to the Committee on Rules, for a period H.R. 95. A bill to ensure that Federal agen- and Mr. MARTINEZ): to be subsequently determined by the Speak- cies establish the appropriate procedures for H.R. 103. A bill to expedite State reviews of er, in each case for consideration of such pro- assessing whether or not Federal regulations criminal records of applicants for private se- visions as fall within the jurisdiction of the might result in the taking of private prop- curity officer employment, and for other committee concerned. erty, and to direct the Secretary of Agri- purposes; to the Committee on Education By Mr. CONDIT: culture to report to the Congress with re- and the Workforce, and in addition to the H.R. 114. A bill to require the President to spect to such takings under programs of the Committee on the Judiciary, for a period to submit to the Congress each year an inte- Department of Agriculture; to the Commit- be subsequently determined by the Speaker, grated justification for U.S. foreign assist- tee on the Judiciary, and in addition to the in each case for consideration of such provi- ance programs, and for other purposes; to Committee on Agriculture, for a period to be sions as fall within the jurisdiction for the the Committee on International Relations, subsequently determined by the Speaker, in committee concerned. and in addition to the Committee on Agri- each case for consideration of such provi- By Mr. BARTLETT of Maryland (for culture, Banking and Financial Services, and sions as fall within the jurisdiction of the himself, Mr. SKEEN, Mr. CRANE, and Rules, for a period to be subsequently deter- committee concerned. Mr. HALL of Texas): mined by the Speaker, in each case for con- H.R. 96. A bill to provide regulatory assist- H.R. 104. A bill to authorize the private sideration of such provisions as fall within ance for small business concerns, and for ownership and use of National Park System the jurisdiction of the committee concerned. other purposes; to the Committee on Small lands; to the Committee on Resources. By Mr. CONYERS: Business, and in addition to the Committee By Mr. BASS: H.R. 115. A bill to prohibit the transfer of on Government Reform and Oversight, for a H.R. 105. A bill to establish a locally ori- a firearm to, and the possession of a firearm period to be subsequently determined by the ented commission to assist the city of Ber- by, a person who is intoxicated; to the Com- Speaker, in each case for consideration of lin, NH, in identifying and studying its re- mittee on the Judiciary. such provisions as fall within the jurisdic- gion’s historical and cultural assets, and for H.R. 116. A bill to apply equal standards to tion of the committee concerned. other purposes; to the Committee on Re- certain foreign made and domestically pro- By Mr. UPTON: sources. duced handguns; to the Committee on the H.R. 97. A bill to amend section 207 of title By Mr. BENTSEN: Judiciary. 18, United States Code, to prohibit Members H.R. 106. A bill to amend the Social Secu- H.R. 117. A bill to reauthorize the inde- of Congress after leaving office from rep- rity Act to establish the teaching hospital pendent counsel statute, and for other pur- and graduate medical education trust fund, resenting foreign governments before the poses; to the Committee on the Judiciary. and for other purposes; to the Committee on U.S. Government; to the Committee on the H.R. 118. A bill to provide for the collection Ways and Means, and in addition to the Com- Judiciary. of data on traffic stops; to the Committee on mittee on Commerce, for a period to be sub- By Mr. VENTO: the Judiciary. H.R. 98. A bill to regulate the use by inter- sequently determined by the Speaker, in H.R. 119. A bill to amend the Nationality active computer services of personally iden- each case for consideration of such provi- Act to impose additional conditions on em- tifiable information provided by subscribers sions as fall within the jurisdiction of the ployers of H–1B nonimmigrants; to the Com- committee concerned. to such services; to the Committee on Com- mittee on the Judiciary. By Mr. BILIRAKIS: merce. H.R. 120. A bill to make technical correc- H.R. 107. A bill to amend title 5, United By Mr. WHITE (for himself and Mr. tions to title 11, United States Code, and for States Code, to provide that the Civil Serv- ORN): other purposes; to the Committee on the Ju- H ice Retirement and Disability Fund be ex- H.R. 99. A bill to establish a temporary diciary. cluded from the budget of the United States commission to recommend reforms in the By Mr. CRANE (for himself and Mr. Government; to the Committee on the Budg- laws relating to elections for Federal office; NORWOOD): et, and in addition to the Committee on Gov- to the Committee on House Oversight, and in H.R. 121. A bill to repeal the statutory au- ernment Reform and Oversight, for a period addition to the Committee on Rules, for a thority for the Corporation for Public Broad- to be subsequently determined by the Speak- period to be subsequently determined by the casting; to the Committee on Commerce. er, in each case for consideration of such pro- By Mr. CRANE (for himself, Mr. SAM Speaker, in each case for consideration of visions as fall within the jurisdiction of the JOHNSON, and Mr. NORWOOD): such provisions as fall within the jurisdic- committee concerned. tion of the committee concerned. H.R. 122. A bill to amend the National By Mr. BLUMENAUER: Foundation on the Arts and the Humanities By Mr. UNDERWOOD (for himself, Mr. H.R. 108. A bill to amend title 23, United Act of 1965 to abolish the National Endow- ABERCROMBIE, Mr. BONIOR, Mr. CLAY, States Code, concerning eligibility for grants ment for the Arts and the National Council Mr. DELLUMS, Mr. EVANS, Mr. to implement alcohol-impaired driving coun- FALEOMAVAEGA, Mr. FARR of Califor- termeasures; to the Committee on Transpor- on the Arts; to the Committee on Education nia, Mr. FILNER, Mr. FRANK of Massa- tation and Infrastructure. and the Workforce. chusetts, Mr. GONZALEZ, Ms. CHRIS- By Mr. CLAY: By Mr. CUNNINGHAM (for himself, TIAN-GREEN, Mr. HINCHEY, Mr. HOLD- H.R. 109. A bill to amend the Family and Mrs. EMERSON, Mr. ARMEY, Mr. EN, Mr. LAFALCE, Mr. LEWIS of Geor- Medical Leave Act of 1993, and for other pur- DELAY, Mr. LINDER, Mr. GOODLING, gia, Mr. MARTINEZ, Ms. MCKINNEY, poses; to the Committee on Education and Mr. RIGGS, Mrs. ROUKEMA, Mr. Mrs. MEEK of Florida, Mr. NADLER, the Workforce, and in addition to the Com- BALLENGER, Mr. BARRETT of Ne- Ms. NORTON, Mr. PASTOR, Mr. RO- mittees on Government Reform and Over- braska, Mr. MCKEON, Mr. SAM JOHN- MERO-BARCELO, Mr. TORRES, Mr. sight, and House Oversight, for a period to be SON, Mr. TALENT, Mr. KNOLLENBERG, TOWNS, and Mr. YATES): subsequently determined by the Speaker, in Mr. SOUDER, Mr. NORWOOD, Mr. PE- H.R. 100. A bill to establish the Common- each case for consideration of such provi- TERSON of Pennsylvania, Mr. ARCHER, wealth of Guam, and for other purposes; to sions as fall within the jurisdiction of the Mr. YOUNG of Alaska, Mr. STUMP, Mr. the Committee on Resources, and in addition committee concerned. BEREUTER, Mr. SOLOMON, Mr. THOM- to the Committee on Ways and Means, for a By Mr. CLEMENT: AS, Mr. PORTER, Mr. BLILEY, Mr. HUN- period to be subsequently determined by the H.R. 110. A bill to amend the Federal Elec- TER, Mr. MCCOLLUM, Mr. WOLF, Mr. Speaker, in each case for consideration of tion Campaign Act of 1971 to ban soft money BURTON of Indiana, Mr. GEKAS, Mr. such provisions as fall within the jurisdic- in elections for Federal office, and for other KASICH, Mr. SISISKY, Mr. SAXTON, Mr. tion of the committee concerned. purposes; to the Committee on House Over- BARTON of Texas, Mr. BUNNING of By Mr. BAKER: sight. Kentucky, Mr. GALLEGLY, Mr. H.R. 101. A bill to amend the National For- By Mr. CONDIT: HASTERT, Mr. HERGER, Mr. PICKETT, est Foundation Act to extend and increase H.R. 111. A bill to authorize the Secretary Mr. SHAYS, Mr. CLEMENT, Mr. DUN- the matching funds authorization for the of Agriculture to convey a parcel of unused CAN, Mr. ROHRABACHER, Mr. TANNER,

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H143

Mr. DOOLITTLE, Mr. RAMSTAD, Mr. determined by the Speaker, in each case for fall within the jurisdiction of the committee CRAMER, Mr. EWING, Mr. BACHUS, Mr. consideration of such provisions as fall with- concerned. CALVERT, Mr. COLLINS, Mr. DEAL of in the jurisdiction of the committee con- By Mr. DEUTSCH (for himself and Mr. Georgia, Ms. DUNN of Washington, cerned. GOSS): Mr. GOODLATTE, Mr. HORN, Mr. KING By Mrs. CUBIN: H.R. 136. A bill to amend the National of New York, Mr. MILLER of Florida, H.R. 129. A bill to provide for the retention Parks and Recreation Act of 1978 to des- Mr. ROYCE, Mr. LEWIS of Kentucky, of the name of the geologic formation known ignate the Majority Stoneman Douglas Wil- Mr. BARR of Georgia, Mr. BILBRAY, as Devils Tower at the Devils Tower Na- derness and to amend the Everglades Na- Mr. BRYANT, Mr. BURR of North Caro- tional Monument in the State of Wyoming; tional park protection and Expansion Act of lina, Mr. CHAMBLISS, Mr. to the Committee on Resources. 1989 to designate the Ernest F. Coe Visitor CHRISTENSEN, Mr. COBURN, Mr. By Mr. CUNNINGHAM (for himself, Mr. Center; to the Committee on Resources. GANSKE, Mr. HAYWORTH, Mr. HUNTER, and Mr. BILBRAY): By Mr. DICKEY: NETHERCUTT, Mr. NEY, Mr. SALMON, H.R. 130. A bill to amend the Clean Air Act H.R. 137. A bill to prohibit the Secretary of Mr. WATTS of Oklahoma, Mr. WELDON to provide for the reclassification of down- Health and Human Services from finding of Florida, and Mr. HULSHOF): wind nonattainment areas, and for other that a State Medicaid plan is not in compli- H.R. 123. A bill to amend title 4, United purposes; to the Committee on Commerce. ance with title XIX of the Social Security States Code, to declare English as the offi- By Mr. CUNNINGHAM (for himself, Act solely on the grounds that the plan does cial language of the Government of the Unit- and Mr. BARTLETT of Maryland): not cover abortions for pregnancies resulting ed States; to the Committee on Education H.R. 132. A bill to establish a second Na- from an act of rape or incest if coverage for and the Workforce. tional Blue Ribbon Commission to Eliminate such abortions is inconsistent with State By Mr. CRANE: Waste in Government; to the Committee on law; to the Committee on Commerce. H.R. 124. A bill to amend the Internal Rev- Government Reform and Oversight. H.R. 138. A bill to amend the Federal Elec- enue Code of 1986 to provide that service per- By Mr. CUNNINGHAM (for himself, Mr. tion Campaign Act of 1971 to prohibit con- formed for an elementary or secondary GALLEGLY, Mr. RIGGS, Mr. MCKEON, tributions by nonparty multicandidate polit- school operated primarily for religious pur- Mr. BONO, Mr. BILBRAY, and Ms. HAR- ical committees; to the Committee on House poses is exempt from the Federal unemploy- MAN): Oversight. ment tax; to the Committee on Ways and H.R. 133. A bill to require a temporary By Mr. DICKEY (for himself, Mr. Means. moratorium on leasing, exploration, and de- SHAYS, Mr. DUNCAN, Mr. TAYLOR of H.R. 125. A bill to make clear that the defi- velopment on lands of the Outer Continental North Carolina, Mr. NORWOOD, and nition of a base period, under the unemploy- Shelf off the State of California, and for Mr. INGLIS of South Carolina): ment compensation law of a State, is not an other purposes; to the Committee on Re- H.R. 139. A bill to reform the independent administrative provision subject to section sources. counsel statute, and for other purposes; to 303(a)(1) of the Social Security Act; to the By Mr. CUNNINGHAM (for himself, Mr. the Committee on the Judiciary. Committee on Ways and Means. ROYCE, Ms. PRYCE of Ohio, Mr. By Mr. DINGELL: By Mr. CRAPO (for himself, Ms. HAR- MCKEON, Mr. RIGGS, and Mr. ENGLISH H.R. 140. A bill to amend the Federal Elec- MAN, Mr. WATTS of Oklahoma, Mr. of Pennsylvania): tion Campaign Act of 1971 to promote the SCHUMER, Mr. ROYCE, Mr. GOSS, Mr. H.R. 131. A bill to provide that a new Fed- disclosure of contributions and expenditures SOLOMON, Mr. NORWOOD, Mr. eral program shall terminate not later than made with respect to campaigns for election HAYWORTH, Mr. COBURN, Mrs. 5 years after the date of the enactment of for Federal office, to ban the use of soft MORELLA, Mr. TALENT, Mr. BEREU- the law that authorizes the program; to the money with respect to such campaigns, and TER, Mr. BURTON of Indiana, Mr. Committee on Government Reform and for other purposes; to the Committee on CANADY of Florida, Mr. FROST, Mr. Oversight. House Oversight. INGLIS of South Carolina, Ms. MOL- By Mr. CUNNINGHAM: H.R. 141. A bill to establish the Select INARI, Ms. DUNN of Washington, Mr. H.R. 134. A bill to authorize the Secretary Commission to Advise on Reforming Elec- GREENWOOD, Mr. BURR of North Caro- of the Interior to provide a loan guarantee to tions to issue recommendations for the re- lina, Mr. BLUNT, Mr. MCKEON, Mr. the Olivenhain water storage project, and for form of laws governing the financing of cam- SHAYS, Mrs. MYRICK, Mr. ENSIGN, Mr. other purposes; to the Committee on Re- paigns for election for Federal office, to es- FOLEY, Mr. GOODLATTE, Mr. DEAL of sources. tablish expedited procedures for the consid- Georgia, Mr. PAPPAS, Mr. POSHARD, By Ms. DELAURO (for herself, Mr. DIN- eration of legislation implementing the rec- Mr. KLUG, Mr. BARRETT of Wisconsin, GELL, Mrs. ROUKEMA, Mr. ACKERMAN, ommendations, and for other purposes; to Mr. STENHOLM, Mr. WHITE, and Mr. Mr. BARRETT of Wisconsin, Mr. BENT- the Committee on House Oversight, and in FOX of Pennsylvania): SEN, Ms. BROWN of Florida, Mr. addition to the Committee on Rules, for a H.R. 126. a bill to establish procedures to BROWN of Ohio, Mrs. CLAYTON, Mr. period to be subsequently determined by the provide for a deficit reduction lock-box and CLEMENT, Mr. CONYERS, Mr. DEFAZIO, Speaker, in each case for consideration of related downward adjustment of discre- Ms. ESHOO, Mr. EVANS, Mr. such provisions as fall within the jurisdic- tionary spending limits; to the Committee FALEOMAVAEGA, Mr. FARR of Califor- tion of the committee concerned. on the Budget, and in addition to the Com- nia, Mr. FOGLIETTA, Mr. FOX of Penn- By Ms. DUNN of Washington: mittee on Rules, for a period to be subse- sylvania, Mr. FRANK of Massachu- H.R. 142. A bill to require the President to quently determined by the Speaker, in each setts, Mr. FROST, Mr. GEJDENSON, Mr. submit a separately identified appropriation case for consideration of such provisions as GONZALEZ, Mr. GORDON, Mr. GREEN, request to provide priority funding for the fall within the jurisdiction of the committee Mr. HINCHEY, Mr. KENNEDY of Rhode national parks of the United States, and for concerned. Island, Mrs. KENNELLY of Connecti- other purposes; to the Committee on the By Mr. LEVIN (for himself, Mr. SHAW, cut, Mr. KILDEE, Mr. LAFALCE, Mrs. Budget. Mr. RANGEL, Mr. ENGLISH of Penn- LOWEY, Mr. MCDERMOTT, Mrs. By Ms. DUNN of Washington (for her- sylvania, Mr. MATSUI, Mr. CRANE, Mr. MALONEY of New York, Mrs. MEEK of self, Mr. MATSUI, Mr. HERGER, Mr. COYNE, Mr. HOUGHTON, Mrs. KEN- Florida, Mrs. MINK of Hawaii, Mr. JEFFERSON, Mr. CRANE, Mr. NEAL of NELLY of Connecticut, Mr. LEWIS of MORAN of Virginia, Mrs. MORELLA, Massachusetts, Mr. MCCRERY, Mr. Georgia, Mr. NEAL of Massachusetts, Mr. MURTHA, Mr. NADLER, Ms. NOR- MCDERMOTT, Mr. ENGLISH of Penn- Mr. PETRI, Mr. OBERSTAR, Mr. TON, Mr. OBERSTAR, Mr. OLVER, Mr. sylvania, and Mr. WELLER): KNOLLENBERG, Mr. WAXMAN, Mr. OWENS, Mr. PALLONE, Mr. PAYNE, Ms. H.R. 143. A bill to amend the Internal Rev- HOLDEN, Mr. MCHALE, Mr. POMEROY, PELOSI, Mr. QUINN, Mr. RAHALL, Ms. enue Code of 1986 to provide equity to ex- Ms. NORTON, and Mr. JACKSON): RIVERS, Mr. SANDERS, Ms. SLAUGH- ports of software; to the Committee on Ways H.R. 127. A bill to amend the Internal Rev- TER, Mr. TOWNS, Ms. VELAZQUEZ, Mr. and Means. enue Code of 1986 to permanently extend the ROMERO-BARCELO, Mr. KENNEDY of By Mrs. EMERSON: exclusion for employer-provided educational Massachusetts, and Mr. MATSUI): H.R. 144. A bill to amend the Internal Rev- assistance and to restore the exclusion for H.R. 135. A bill to amend the Public Health enue Code of 1986 to make health insurance graduate level educational assistance; to the Service Act and Employee Retirement In- costs fully deductible for the self-employed; Committee on Ways and Means. come Security Act of 1974 to require that to the Committee on Ways and Means. By Mr. CRAPO (for himself, Mr. HAN- group and individual health insurance cov- By Mr. BORSKI (for himself, Mr. SEN, Mr. SMITH of Oregon, Mrs. erage and group health plans provide cov- SHAYS, Mr. ENGLISH of Pennsylvania, CHENOWETH, and Mr. SKEEN): erage for a minimum hospital stay for Ms. BROWN of Florida, Mr. EVANS, Mr. H.R. 128. A bill to preserve the authority of mastectomies and lymph node dissections TRAFICANT, Mr. QUINN, Mr. CLEMENT, the States over waters within their bound- performed for the treatment of breast can- Mr. DIAZ-BALART, Mr. MASCARA, Mr. aries, to delegate the authority of the Con- cer; to the Committee on Commerce, and in COSTELLO, Mr. HALL of Ohio, Mr. gress to the States to regulate water, and for addition to the Committee on Education and HOLDEN, Mr. FROST, Mr. LANTOS, Mr. other purposes; to the Committee on the Ju- the Workforce, for a period to be subse- COYNE, Mr. JACKSON, Mr. DEFAZIO, diciary, and in addition to the Committee on quently determined by the Speaker, in each Mr. SPRATT, Mr. NEY, MS. KAPTUR, Resources, for a period to be subsequently case for consideration of such provisions as and Mr. NADLER):

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H144 CONGRESSIONAL RECORD — HOUSE January 9, 1997 H.R. 145. A bill to terminate the effective- By Mr. English of Pennsylvania: State to enforce veterans’ reemployment ness of certain amendments to the foreign H.R. 156. A bill to amend title 31, United rights, and for other purposes; to the Com- repair station rules of the Federal Aviation States Code, to provide that recently en- mittee on Veterans’ Affairs. Administration, and for other purposes; to acted provisions requiring payment of Fed- H.R. 167. A bill to amend title 38, United the Committee on Transportation and Infra- eral benefits in the form of electronic funds States Code, to provide for a Veterans’ Em- structure. transfers do not apply with respect to bene- ployment and Training Bill of Rights, to By Mrs. EMERSON (for herself and Mr. fits payable under the old-age, survivors, and strengthen preference for veterans in hiring, GOSS): disability insurance program under title II of and for other purposes; to the Committee on H.R. 146. A bill to amend title II of the So- the Social Security Act; to the Committee Veterans’ Affairs. cial Security Act to provide for an improved on Government Reform and Oversight. H.R. 168. A bill to amend the Small Busi- benefit computation formula for workers H.R. 157. A bill to authorize and request ness Act to establish programs and under- who attain age 65 in or after 1982 and to the President to award the Congressional take efforts to assist and promote the cre- whom applies the 5-year period of transition Medar of Honor posthumously to Brevet ation, development, and growth of small to the changes in benefit computation rules Brig. Gen. Strong Vincent for his actions in business concerns owned and controlled by enacted in the Social Security Amendments the defense of Little Round Top at the Battle veterans of service in the Armed Forces, and of 1977, and related beneficiaries, and to pro- of Gettysburg, July 2, 1863; to the Committee for other purposes; to the Committee on vide prospectively for increases in their ben- on National Security. Small Business, and in addition to the Com- efits accordingly; to the Committee on Ways By Mr. ENGLISH of Pennsylvania (for mittee on Veterans’ Affairs, for a period to and Means. himself, Mr. COX of California, Mr. be subsequently determined by the Speaker, By Mr. ENGEL: MCCOLLUM, Mr. BARTLETT of Mary- in each case for consideration of such provi- H.R. 147. A bill to amend the Communica- land, Mr. KING of New York, Mr. sions as fall within the jurisdiction of the tions Act of 1934 to direct the Federal Com- MCINTOSH, and Mr. KNOLLENBERG): committee concerned. munications Commission to establish an eth- H.R. 158. A bill to amend the Internal Rev- By Mr. FRANKS of New Jersey (for nic and minority affairs section; to the Com- enue Code of 1986 to reduce the tax on beer to himself, Mr. CAMPBELL, Mrs. EMER- mittee on Commerce. its pre-1991 level; to the Committee on Ways SON, Mr. LOBIONDO, Mr. MCHALE, Mr. H.R. 148. A bill to amend title XIX of the and Means. NORWOOD, Mr. GRAHAM, and Mr. Social Security Act to assure that Medicaid By Mr. ENGLISH of Pennsylvania (for ROYCE): disproportionate share hospital payments go himself, Mr. NEAL of Massachusetts, H.R. 169. A bill to amend the Violent Crime directly to Medicaid disproportionate share and Mr. MCHUGH): Control and Law Enforcement Act of 1994 to hospitals; to the Committee on Commerce. H.R. 159. A bill to amend the Internal Rev- prevent luxurious conditions in prisons; to By Mr. ENGEL (for himself, Mr. ACK- enue Code of 1986 to clarify the excise tax the Committee on the Judiciary. ERMAN, Mr. MANTON, Mr. SERRANO, treatment of draft cider; to the Committee By Mr. FRANKS of New Jersey: Mrs. LOWEY, Mr. RANGEL, and Mr. on Ways and Means. H.R. 170. A bill to establish a temporary FLAKE): By Mr. ENGLISH of Pennsylvania: commission to recommend reforms in the H.R. 149. A bill to amend the Elementary H.R. 160. A bill to amend the Internal Rev- laws relating to elections for Federal office; and Secondary Education Act of 1965 to enue Code of 1986 to clarify the application of to the Committee on House Oversight, and in allow certain counties flexibility in spending the retail tax on heavy trucks and trailers; addition to the Committee on Rules, for a funds; to the Committee on Education and to the Committee on Ways and Means. period to be subsequently determined by the the Workforce. By Mr. ENGLISH of Pennsylvania (for Speaker, in each case for consideration of By Mr. ENGEL (for himself, Mr. KING himself, Mr. FRANK of Massachusetts, such provisions as fall within the jurisdic- of New York, Mr. MANTON, Mr. and Mr. MCDERMOTT):: tion of the committee concerned. WALSH, Mr. NEAL of Massachusetts, H.R. 161. A bill to amend the Internal Rev- By Mr. GALLEGLY: Mr. SHAYS, Mrs. LOWEY, Mr. enue Code of 1986 to terminate the tax sub- H.R. 171. A bill to amend section 214 of the MENENDEZ, Mr. LAZIO of New York, sidies for large producers of ethanol used as Housing and Community Development Act of Mr. DOYLE, Mr. ACKERMAN, Mr. a fuel, and for other purposes; to the Com- 1980 to make technical corrections; to the OLVER, Mrs. KELLY, and Mr. NADLER): mittee on Ways and Means. Committee on Banking and Financial Serv- H.R. 150. A bill to amend the Anglo-Irish By Mr. ENGLISH of Pennsylvania: ices. Agreement Support Act of 1986 to require H.R. 162. A bill to amend the Internal Rev- H.R. 172. A bill to amend title 5, United that disbursements from the International enue Code of 1986 to repeal the alternative States Code, to provide that the mandatory Fund for Ireland are distributed in accord- minimum tax; to the Committee on Ways separation age for Federal firefighters be ance with the MacBride principles of eco- and Means. made the same as the age that applies with nomic justice, and for other purposes; to the H.R. 163. A bill to amend the Internal Rev- respect to Federal law enforcement officers; Committee on International Relations. enue Code of 1986 to place the burden of proof to the Committee on Government Reform By Mr. ENGEL: on the Secretary to prove that the cash H.R. 151. A bill concerning paramilitary and Oversight. method of accounting does not clearly re- groups and British security forces in North- By Mr. GALLEGLY (for himself and flect income; to the Committee on Ways and ern Ireland; to the Committee on Inter- Mr. SHAYS): Means. H.R. 173. A bill to amend the Federal Prop- national Relations. By Ms. ESHOO (for herself, Ms. erty and Administrative Services Act of 1949 By Mr. ENGEL (for himself and Mr. DELAURO,: Mr. MCGOVERN, Mr. to authorize donation of surplus Federal law GILMAN): H.R. 152. A bill to designate the U.S. court- TOWNS, Mrs. MINK of Hawaii, Ms. enforcement canines to their handlers; to the house under construction in White Plains, SLAUGHTER, and Mr. FROST): Committee on Government Reform and H.R. 164. A bill to amend the Public Health NY, as the ‘‘Thurgood Marshall United Oversight. States Courthouse’’; to the Committee on Service Act and Employee Retirement In- By Mr. GALLEGLY: Transportation and Infrastructure. come Security Act of 1974 to require that H.R. 174. A bill to require the relocation of By Mr. ENGEL: group and individual health insurance cov- a National Weather Service radar tower H.R. 153. A bill to amend title 49, United erage and group health plans provide cov- which is on Sulphur Mountain near Ojai, CA; States Code, to exempt noise and access re- erage for reconstructive breast surgery if to the Committee on Science. strictions on aircraft operations to and from they provide coverage for mastectomies; to H.R. 175. A bill to prohibit Federal funding metropolitan airports from certain Federal the Committee on Commerce, and in addi- for earthquake-related repairs or restoration review and approval requirements, and for tion to the Committee on Education and the of Bottle Village in Simi Valley, CA; to the other purposes, to the Committee on Trans- Workforce, for a period to be subsequently Committee on Transportation and Infra- portation and Infrastructure. determined by the Speaker, in each case for structure. H.R. 154. A bill to amend the Internal Rev- consideration of such provisions as fall with- By Mr. GILMAN: enue Code of 1986 to require governmental in the jurisdiction of the committee con- H.R. 176. A bill to provide for hearing care deferred compensation plans to maintain set cerned. services by audiologists to Federal civilian asides for the exclusive benefits of partici- By Mr. FILNER: employees; to the Committee on Govern- pants; to the Committee on Ways and Means. H.R. 165. A bill to amend title 10, United ment Reform and Oversight. H.R. 155. A bill to amend the Internal Rev- States Code, to repeal the two-tier annuity H.R. 177. A bill to direct the Secretary of enue Code of 1986 to provide for designation computation system applicable to annuities Health and Human Services to establish a of overpayments and contributions to the for surviving spouses under the survivor ben- schedule of preventive health care services U.S. textbook and technology trust fund, and efit plan for retired members of the Armed and to provide for coverage of such services for other purposes; to the Committee on Forces so that there is no reduction in such in accordance with such schedule under pri- Ways and Means, and in addition to the Com- an annuity when the beneficiary becomes 62 vate health insurance plans and health bene- mittee on Education and the Workforce, for years of age; to the Committee on National fit programs of the Federal Government, and a period to be subsequently determined by Security. for other purposes; to the Committee on the Speaker, in each case for consideration H.R. 166. A bill to amend title 38, United Commerce, and in addition to the Commit- of such provisions as fall within the jurisdic- States Code, to clarify the conditions under tees on Ways and Means, Government Re- tion of the committee concerned. which an action may be brought against a form and Oversight, Veterans’ Affairs, and

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H145 National Security, for a period to be subse- logical warfare agents as a result of the Per- mental bonds, and for other purposes; to the quently determined by the Speaker, in each sian Gulf conflict; to the Committee on Na- Committee on Ways and Means. case for consideration of such provisions as tional Security. By Mr. HUNTER (for himself, Mr. fall within the jurisdiction of the committee By Mr. HASTINGS of Florida (for him- CUNNINGHAM, Mr. PACKARD, Mr. COX concerned. self and Mrs. MEEK of Florida): of California, Mr. RIGGS, Mr. BART- By Mr. GILMAN (for himself and Mr. H.R. 190. A bill to amend the Act entitled LETT of Maryland, Mr. YOUNG of Alas- MANTON): ‘‘An Act to provide for the establishment of ka, Mr. MCCRERY, Mr. ROHRABACHER, H.R. 178. A bill to provide for adherence the Everglades National Park in the State of Mr. MCKEON, Mr. CALVERT, Mr. LIV- with the MacBride principles of economic Florida and for other purposes,’’ approved INGSTON, Mr. COBLE, and Mr. COM- justice by United States persons doing busi- May 30, 1934, to clarify certain rights of the BEST): ness in Northern Ireland, and for other pur- Miccosukee Tribe of Indians of Florida; to H.R. 198. A bill to limit the types of com- poses; to the Committee on International the Committee on Resources. mercial nonpostal services which may be of- Relations, and in addition to the Committees By Mr. HASTINGS of Florida: fered by the U.S. Postal Service; to the Com- on Ways and Means, and Rules, for a period H.R. 191. A bill to amend the Family and mittee on Government Reform and Over- to be subsequently determined by the Speak- Medical Leave Act of 1993 to apply the act to sight. er, in each case for consideration of such pro- a greater percentage of the U.S. work force By Mr. JONES: visions as fall within the jurisdiction of the and to allow employees to take parental in- H.R. 199. A bill to provide for greater ac- committee concerned. volvement leave to participate in or attend countability for Presidential appointees; to By Mr. GOODLING: their children’s educational and extra- the Committee on Government Reform and H.R. 179. A bill to amend the Federal Elec- curricular activities, and for other purposes; Oversight. tion Campaign Act of 1971 to reform the fi- to the Committee on Education and the By Mrs. KELLY: nancing of campaigns for election to Federal Workforce, and in addition to the Commit- H.R. 200. A bill to amend the Internal Rev- office, and for other purposes; to the Com- tees on Government Reform and Oversight, enue Code of 1986 to provide that gain on the mittee on House Oversight, and in addition and House Oversight, for a period to be sub- sale of a principal residence shall be ex- to the Committees on Commerce, and Gov- sequently determined by the Speaker, in cluded from gross income without regard to ernment Reform and Oversight, for a period each case for consideration of such provi- the age of the taxpayer or the amount of the to be subsequently determined by the Speak- sions as fall within the jurisdiction of the gain; to the Committee on Ways and Means. er, in each case for consideration of such pro- committee concerned. By Mrs. KENNELLY of Connecticut: visions as fall within the jurisdiction of the By Mr. HEFLEY (for himself, Mr. H.R. 201. A bill to amend the Internal Rev- committee concerned. WATTS of Oklahoma, Mr. NORWOOD, enue Code of 1986 to provide tax incentives By Mr. GOSS: Mr. TAYLOR of Mississippi, Mr. for the economic recovery of areas affected H.R. 180. A bill imposing certain restric- FILNER, Mr. ENSIGN, Mr. BONILLA, Mr. by the loss of employment in the financial tions and requirements on the leasing under BARTLETT of Maryland, Mr. ABER- institution and real estate sectors; to the the Outer Continental Shelf Lands Act of CROMBIE, Mr. GONZALEZ, Mr. Committee on Ways and Means. lands offshore Florida, and for other pur- RAMSTAD, Mr. CONDIT, Mr. H.R. 202. A bill to clarify the tax treatment poses; to the Committee on Resources. GOODLATTE, Mr. LEWIS of Kentucky, of certain disability benefits received by By Mr. GOSS: Mr. BALLENGER, Mr. BEREUTER, Mr. former police officers or firefighters; to the H.R. 181. A bill to amend the Federal Elec- CUNNINGHAM, Mr. CLEMENT, and Mr. Committee on Ways and Means. tion Campaign Act of 1971 to reform the fi- By Mr. KIM (for himself, Mr. ABER- nancing of elections for members of the HERGER): H.R. 192. A bill to establish a demonstra- CROMBIE, and Mr. UNDERWOOD): House of Representatives, and for other pur- tion project to evaluate the cost effective- H.R. 203. A bill to designate the Republic of poses; to the Committee on House Oversight, ness of using the Medicare trust funds to re- Korea as a visa waiver pilot program country and in addition to the Committee on Com- imburse the Department of Defense for cer- for 1 year under the Immigration and Na- merce, for a period to be subsequently deter- tain health care services provided to Medi- tionality Act; to the Committee on the Judi- mined by the Speaker, in each case for con- care-eligible covered military beneficiaries; ciary. sideration of such provisions as fall within to the Committee on Ways and Means, and in By Mr. KIM (for himself and Mr. the jurisdiction of the committee concerned. addition to the Committee on Commerce, BILBRAY): By Mr. GUTIERREZ: H.R. 204. A bill to provide financial assist- H.R. 182. A bill to provide for a livable and National Security, for a period to be sub- ance to Mexican border States for transpor- wage for employees under Federal contracts sequently determined by the Speaker, in tation projects that are necessary to accom- and subcontracts; to the Committee on Edu- each case for consideration of such provi- modate increased traffic resulting from the cation and the Workforce, and in addition to sions as fall within the jurisdiction of the the Committee on Government Reform and committee concerned. implementation of the North American Free- Oversight, for a period to be subsequently de- By Mr. HERGER: Trade Agreement; to the Committee on termined by the Speaker, in each case for H.R. 193. A bill to amend the National His- Transportation and Infrastructure. consideration of such provisions as fall with- toric Preservation Act to prohibit the inclu- By Mr. KIM: H.R. 205. A bill to provide that receipts and in the jurisdiction of the committee con- sion of certain sites on the National Register disbursements of the highway trust fund, the cerned. of Historic Places and to prohibit the des- airport and airways trust fund, the inland By Mr. HASTINGS of Florida: ignation of the Mt. Shasta area in the State H.R. 183. A bill to direct the Secretary of of California as a historic district, historic waterways trust fund, and the harbor main- Health and Human Services to prepare and sites, or national monument under the Na- tenance trust fund shall not be included in publish annually a consumer guide to pre- tional Historic Preservation Act or the An- the totals of the budget of the U.S. Govern- scription drug prices; to the Committee on tiquities Act; to the Committee on Re- ment as submitted by the President or the Commerce. sources. congressional budget; to the Committee on H.R. 184. A bill to amend title XIX of the By Mr. HOUGHTON (for himself and the Budget, and in addition to the Commit- Social Security Act to require State Medic- Mrs. KENNELLY of Connecticut): tee on Transportation and Infrastructure, for aid Programs to provide coverage of screen- H.R. 194. A bill to enhance the financial se- a period to be subsequently determined by ing mammography and screening pap curity of children by providing for contribu- the Speaker, in each case for consideration smears; to the Committee on Commerce. tions by the Federal Government to child re- of such provisions as fall within the jurisdic- H.R. 185. A bill to establish a commission tirement accounts; to the Committee on tion of the committee concerned. to study employment and economic insecu- Ways and Means. By Mr. KING of New York: rity in the workforce in the United States; By Mr. HOUGHTON (for himself and H.R. 206. A bill to award a congressional to the Committee on Education and the Mr. CARDIN): gold medal to the late James Cagney; to the Workforce. H.R. 195. A bill to amend the Internal Rev- Committee on Banking and Financial Serv- H.R. 186. A bill to provide for the manda- enue Code of 1986 to provide an election to ices. tory registration of handguns; to the Com- exclude from the gross estate of a decedent H.R. 207. A bill to authorize the Secretary mittee on the Judiciary. the value of certain land subject to a quali- of Housing and Urban Development to make H.R. 187. A bill to establish a commission fied conservation easement, and to make organizations controlled by individuals who to make recommendations on the appro- technical changes to alternative valuation promote prejudice or bias based on race, reli- priate size of membership of the House of rules; to the Committee on Ways and Means. gion, or ethnicity ineligible for assistance Representatives and the method by which By Mr. HOUGHTON (for himself and under programs administered by the Sec- Representatives are elected; to the Commit- Mr. MATSUI): retary, and for other purposes; to the Com- tee on the Judiciary. H.R. 196. A bill to amend the Internal Rev- mittee on Banking and Financial Services. H.R. 188. A bill to establish Federal, State, enue Code of 1986 to limit the applicability of H.R. 208. A bill to amend title 18, United and local programs for the investigation, re- the generation-skipping transfer tax; to the States Code to protect the sanctity of reli- porting, and prevention of bias crimes; to the Committee on Ways and Means. gious communications; to the Committee on Committee on the Judiciary. H.R. 197. A bill to amend the Internal Rev- the Judiciary. H.R. 189. A bill to establish a commission enue Code of 1986 to provide for 501(c)(3) H.R. 209. A bill to amend the Internal Rev- to investigate exposure to chemical and bio- bonds a tax treatment similar to govern- enue Code of 1986 to establish and provide a

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H146 CONGRESSIONAL RECORD — HOUSE January 9, 1997 checkoff for a breast and prostate cancer re- By Mr. LATOURETTE (for himself, Mr. who are at least 55 years old of age to obtain search fund, and for other purposes; to the GREEN, and Mr. LOBIONDO): a 4-year nonimmigrant visitor’s visa; to the Committee on Ways and Means, and in addi- H.R. 216. A bill to amend section 1128B of Committee on the Judiciary. tion to the Committee on Commerce, for a the Social Security Act to repeal the crimi- H.R. 226. A bill to deem the Florida Pan- period to be subsequently determined by the nal penalty for fraudulent disposition of as- ther to be an endangered species under the Speaker, in each case for consideration of sets in order to obtain Medicaid benefits Endangered Species Act of 1973; to the Com- such provisions as fall within the jurisdic- added by section 217 of the Health Insurance mittee on Resources. tion of the committee concerned. Portability and Accountability Act of 1996; By Mr. MCCOLLUM (for himself and By Mr. KLECZKA (for himself and Mr. to the Committee on Commerce, and in addi- Mr. MICA): SENSENBRENNER): tion to the Committee on Ways and Means, H.R. 227. A bill to direct the Secretary of H.R. 210. A bill to amend the Internal Rev- for a period to be subsequently determined the Army to conduct a study of mitigation enue Code of 1986 to provide that the furnish- by the Speaker, in each case for consider- banks, and for other purposes; to the Com- ing of recreational fitness services by tax-ex- ation of such provisions as fall within the ju- mittee on Transportation and Infrastruc- empt hospitals shall be treated as an unre- risdiction of the committee concerned. ture. lated trade or business and that tax-exempt By Mr. LAZIO of New York: By Mr. MCCOLLUM: bonds may not be used to provide facilities H.R. 217. A bill to amend title IV of the H.R. 228. A bill to amend the Internal Rev- for such services; to the Committee on Ways Stewart B. McKinney Homeless Assistance enue Code of 1986 to allow penalty-free with- and Means. Act to consolidate the Federal programs for drawals from IRA’s for certain purposes, to By Mr. KLECZKA (for himself, Mr. housing assistance for the homeless into a increase the amount of tax deductible IRA STARK, Mr. BARRETT of Wisconsin, block grant program that ensures that contributions, and for other purposes; to the Ms. MCKINNEY, Mr. WAXMAN, Mr. States and communities are provided suffi- Committee on Ways and Means. HILLIARD, Mr. KILDEE, Mr. SANDERS, cient flexibility to use assistance amounts H.R. 229. A bill to amend the Community Mr. MARTINEZ, Mr. EVANS, Mr. MAN- effectively; to the committee on Banking Reinvestment Act of 1977, the Equal Credit TON, Mr. LAFALCE, Mr. PALLONE, Ms. and Financial Services. Opportunity Act, and the Fair Housing Act NORTON, Ms. SLAUGHTER, Mrs. CLAY- By Mr. CUNNINGHAM (for himself, Ms. to improve the administration of such acts, TON, Mr. LEWIS of Georgia, Mr. MOLINARI, Mr. PACKARD, Mr. HUNTER, to prohibit redlining in connection with the COYNE, Mr. CLAY, Ms. DELAURO, and Mr. BILBRAY, Mrs. MYRICK, Mr. provision of credit, and for other purposes; to Mr. RANGEL): COBLE, Mr. FROST, Mr. COBURN, Mr. the Committee on Banking and Financial H.R. 211. A bill to amend the Internal Rev- BRYANT, Mr. COLLINS, and Mr. HALL Services, and in addition to the Committee enue Code of 1986 to assure continued health of Texas): on the Judiciary, for a period to be subse- insurance coverage of retired workers; to the H.R. 218. A bill to amend title 18, United quently determined by the Speaker, in each Committee on Ways and Means, and in addi- States Code, to exempt qualified current and case for consideration of such provisions as tion to the Committees on Commerce, and former law enforcement officers from State fall within the jurisdiction of the committee Education and the Workforce, for a period to laws prohibiting the carrying of concealed concerned. be subsequently determined by the Speaker, handguns; to the Committee on the Judici- By Mr. MCCOLLUM (for himself, Mr. in each case for consideration of such provi- ary. SHAW, Mr. LAZIO of New York, Mrs. sions as fall within the jurisdiction of the By Mr. LAZIO of New York (for him- EMERSON, Mr. BILIRAKIS, Mr. CANADY committee concerned. self, Mr. FAZIO of California, and Mr. of Florida, Mr. DIAZ-BALART, Mr. By Mr. KLINK (for himself and Mr. MCCOLLUM): DEUTSCH, Mrs. FOWLER, Mr. HASTINGS DOYLE): H.R. 219. A bill to establish a Federal pro- of Florida, Mrs. MEEK of Florida, Mr. H.R. 212. A bill to amend the Department gram to provide reinsurance for State disas- MICA, Ms. ROS-LEHTINEN, Mr. of Housing and Urban Development Act to ter insurance programs; to the Committee on SCARBOROUGH, and Mr. STEARNS): provide for the Secretary of Housing and Banking and Financial Services. H.R. 230. A bill to ensure that insurance Urban Development to notify and consult By Mr. MCCOLLUM: against the risk of catastrophic natural dis- with the unit of general local government H.R. 220. A bill to amend the Federal De- asters, such as hurricanes, earthquakes, and within which an assisted multifamily hous- posit Insurance Act to clarify the due proc- volcanic eruptions, is available and afford- ing project is to be located before providing ess protections applicable to directors and able, and to provide for expanded hazard any low-income housing assistance for the officers of insured depository institutions mitigation and relief, and for other purposes; project; to the Committee on Banking and and other institution-affiliated parties, and to the Committee on Banking and Financial Financial Services. for other purposes; to the Committee on Services, and in addition to the Committee By Mr. KLINK (for himself, Mr. Banking and Financial Services. on Transportation and Infrastructure, for a FILNER, Mr. FALEOMAVAEGA, Mr. H.R. 221. A bill to amend the Community period to be subsequently determined by the UNDERWOOD, Mr. WATT of North Caro- Reinvestment Act of 1977 to reduce onerous Speaker, in each case for consideration of lina, Mr. ACKERMAN, Mr. ENGEL, Mr. recordkeeping and reporting requirements such provisions as fall within the jurisdic- FROST, and Mr. STUPAK): for regulated financial institutions, and for tion of the committee concerned. H.R. 213. A bill to amend the Internal Rev- other purposes; to the Committee on Bank- By Mr. MCCOLLUM (for himself, Mr. enue Code of 1986 to allow a deduction for ing and Financial Services. SCHUMER, Mr. STENHOLM, Mr. HORN, contributions to an individual training ac- H.R. 222. A bill to amend the Uniform Time Mr. GALLEGLY, Mr. CANADY of Flor- count; to the Committee on Ways and Act of 1966 to provide that daylight savings ida, Mr. HUNTER, Mr. FRANK of Mas- Means. time begins on the first Sunday in March; to sachusetts, Mr. ACKERMAN, Mr. BE- By Mr. KNOLLENBERG: the Committee on Commerce. REUTER, Mr. BILBRAY, Mr. BRYANT, H.R. 214. A bill to amend the Social Secu- H.R. 223. A bill to amend the Federal Elec- Mr. CAMPBELL, Mr. CUNNINGHAM, Mr. rity Act to reinstate requirements regarding tion Campaign Act of 1971 to establish the DEFAZIO, Ms. JACKSON-LEE, Mr. KIM, Department of Housing and Urban Develop- Presidential Debate Commission on an ongo- Mr. LAFALCE, Mr. LATOURETTE, Mr. ment access to certain information of State ing basis and to amend the Internal Revenue PACKARD, Mr. ROHRABACHER, Mr. agencies, and to amend the Internal Revenue Code of 1986 to reduce the amount of funds SHAYS, Mr. STARK, Mr. TRAFICANT, Code of 1986 to allow the Secretary of Hous- provided under such act for party nominat- and Mr. WAXMAN): ing and Urban Development to reveal certain ing conventions for any party whose nomi- H.R. 231. A bill to improve the integrity of income tax return information to public nee for President or Vice President does not the Social Security card and to provide for housing agencies, and for other purposes; to participate in any debate scheduled by the criminal penalties for fraud and related ac- the Committee on Ways and Means, and in Commission, and for other purposes; to the tivity involving work authorization docu- addition to the Committee on Banking and Committee on House Oversight. ments for purposes of the Immigration and Financial Services, for a period to be subse- H.R. 224. A bill to amend the National Nationality Act; to the Committee on the quently determined by the Speaker, in each Voter Registration Act of 1993 to require Judiciary, and in addition to the Committee case for consideration of such provisions as each individual registering to vote in elec- on Ways and Means, for a period to be subse- fall within the jurisdiction of the committee tions for Federal office to provide the indi- quently determined by the Speaker, in each concerned.. vidual’s Social Security number and to per- case for consideration of such provisions as By Mr. LANTOS (for himself, Mr. mit a State to remove a registrant who fails fall within the jurisdiction of the committee CAMPBELL, Ms. ESHOO, and Ms. to vote in two consecutive general elections concerned. PELOSI): for Federal office from the official list of eli- By Mr. MCDADE: H.R. 215. A bill relating to the period of gible voters in election for Federal office on H.R. 232. A bill to amend title 28, United availability of certain emergency relief the ground that the registrant has changed States Code, to require prosecutors in the funds allocated under section 125 of title 23, residence, if the registrant fails to respond Department of Justice to be ethical; to the United States Code, for carrying out a to written notices requesting confirmation Committee on the Judiciary. project to repair or reconstruct a portion of of the registrant’s residence; to the Commit- By Mr. MCINTOSH: a Federal-aid primary route in San Mateo, tee on House Oversight. H.R. 233. A bill to amend the Lobbying Dis- CA; to the Committee on Transportation and H.R. 225. A bill to amend the Immigration closure Act of 1995; to the Committee on the Infrastructure. and Nationality Act to permit certain aliens Judiciary.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H147 By Mrs. MALONEY of New York (for By Mr. NEAL of Massachusetts: By Mr. RAHALL (for himself and Mr. herself, Ms. NORTON, Mrs. LOWEY, Mr. H.R. 241. A bill to amend the Internal Rev- MILLER of California): RUSH, Ms. MILLENDER-MCDONALD, enue Code of 1986 to allow a deduction for H.R. 253. A bill to modify the requirements Ms. BROWN of Florida, Ms. LOFGREN, capital gains for middle-income taxpayers; applicable to locatable minerals on public Ms. PELOSI, and Mr. ACKERMAN): to the Committee on Ways and Means. domain lands, consistent with the principles H.R. 234. A bill to amend the Family and H.R. 242. A bill to amend the Internal Rev- of self-initiation of mining claims, and for Medical Leave Act of 1993 to allow employees enue Code of 1986 to eliminate the marriage other purposes; to the Committee on Re- to take, as additional leave, parental in- penalty under the one-time exclusion of gain sources. volvement leave to participate in or attend on the sale of a principal residence by an in- By Mr. RAHALL: their children’s educational and extra- dividual who has attained age 55; to the H.R. 254. A bill to further enhance flood curricular activities and to clarify that leave Committee on Ways and Means. control efforts along the Greenbrier River may be taken for routine medical needs and By Mr. OBEY: Basin in the State of West Virginia; to the to assist elderly relatives, and for other pur- H.R. 243. A bill to amend the Federal Elec- Committee on Transportation and Infra- poses; to the Committee on Education and tion Campaign Act of 1971 to provide for ex- structure. the Workforce, and in addition to the Com- penditure limitations and public financing By Mr. RAHALL (for himself and Mr. mittees on Government Reform and Over- for House of Representatives general elec- PETRI): sight, and House Oversight, for a period to be tions, and for other purposes; to the Commit- H.R. 255. A bill to amend the Internal Rev- subsequently determined by the Speaker, in tee on House Oversight, and in addition to enue Code of 1986 to provide for the deposit each case for consideration of such provi- the Committees on Ways and Means, and of the general revenue portion of highway sions as fall within the jurisdiction of the Rules, for a period to be subsequently deter- motor fuel excise tax revenues into the high- committee concerned. mined by the Speaker, in each case for con- way trust fund; to the Committee on Ways By Mrs. MALONEY of New York (for sideration of such provisions as fall within and Means. herself and Mr. HORN): the jurisdiction of the committee concerned. By Mr. REGULA: H.R. 235. A bill to amend title 5, United By Mr. PALLONE: H.R. 256. A bill to provide for the retention States Code, and the National Security Act H.R. 224. A bill to terminate ocean dump- of the name of Mount McKinley; to the Com- of 1947 to require disclosure under the Free- ing at the Mud Dump Site and other sites mittee on Resources. dom of Information Act regarding certain in- within the New York Bight Apex off the By Mr. RICHARDSON: dividuals; to the Committee on Government coast of New Jersey; to the Committee on H.R. 257. A bill to amend the Housing and Reform and Oversight, and in addition to the Transportation and Infrastructure. Community Development Act of 1974 to Committees on Intelligence (Permanent Se- By Mr. PAPPAS: allow small communities to use limited H.R. 245. A bill to amend the Internal Rev- lect), and the Judiciary, for a period to be space in public facilities acquired, con- enue Code of 1986 to phase out the tax of cap- subsequently determined by the Speaker, in structed, or rehabilitated using community ital gains, to increase the unified credit each case for consideration of such provi- development block grant funds for local gov- under the estate and gift taxes, and to in- sions as fall within the jurisdiction of the ernment offices; to the Committee on Bank- crease the maximum benefit under section committee concerned. ing and Financial Services. 2032A to $1 million; to the Committee on By Mrs. MALONEY of New York: H.R. 258. A bill to amend title XIX of the Ways and Means. H.R. 236. A bill to prohibit Government Social Security Act to provide for manda- contractors from being reimbursed by the By Mr. PETERSON of Minnesota: tory coverage of services furnished by nurse Federal Government for certain environ- H.R. 246. A bill to restore the authority of practitioners and clinical nurse specialists mental response costs; to the Committee on the Secretary of Agriculture to extend exist- under State Medicaid plans; to the Commit- National Security, and in addition to the ing and expiring contracts under the Con- servation Reserve Program; to the Commit- tee on Commerce. Committee on Government Reform and H.R. 259. A bill to amend the Public Health Oversight, for a period to be subsequently de- tee on Agriculture. Service Act to provide for the prevention of termined by the Speaker, in each case for H.R. 247. A bill to allow for a 1-year exten- fetal alcohol syndrome, and for other pur- consideration of such provisions as fall with- sion on Conservation Reserve Program con- tracts expiring in 1997; to the Committee on poses; to the Committee on Commerce. in the jurisdiction of the committee con- H.R. 260. A bill to establish a Presidential cerned. Agriculture. By Mr. PITTS: commission to determine the validity of cer- By Mr. MEEHAN: tain land claims arising out of the Treaty of H.R. 237. A bill to amend title II of the So- H.R. 248. A bill to amend the Federal Elec- Guadalupe-Hidalgo of 1848 involving the de- cial Security Act to provide that an individ- tion Campaign Act of 1971 to require the dis- scendants of persons who were Mexican citi- ual who has been denied benefits by reason of closure of certain information by persons confinement to a public institution by rea- conducting polls by telephone during cam- zens at the time of the Treaty; to the Com- son of conviction for a sex offense shall con- paigns for election for Federal office; to the mittee on Resources. H.R. 261. A bill to amend part E of title IV tinue to be denied benefits, upon completion Committee on House Oversight. of the Social Security Act to provide for of such confinement, while continuing to be H.R. 249. A bill to repeal the Federal estate Federal funding of foster care and adoption confined thereafter by court order in a public and gift taxes; to the Committee on Ways institution; to the Committee on Ways and and Means. assistance programs of Indian tribes; to the Means. By Mr. QUINN (for himself, Mr. Committee on Ways and Means. By Mr. MENENDEZ: RAMSTAD, Mr. DAVIS of Virginia, Mr. By Mr. RIGGS: H.R. 238. A bill to amend the Oil Pollution DOYLE, Mr. FILNER, Mr. WATTS of H.R. 262. A bill to amend the act to estab- Act of 1990 to make the act more effective in Oklahoma, Mr. CONYERS, Mr. DEAL of lish a Redwood National Park in the State of preventing oil pollution in the Nation’s wa- Georgia, and Mr. KENNEDY of Massa- California, to increase efficiency and cost ters through enhanced prevention of, and im- chusetts): savings in the management of Redwood Na- proved response to, oil spills, and to ensure H.R. 250. A bill to amend title 38, United tional Park by authorizing the Secretary of that citizens and communities injured by oil States Code, to provide authority for the the Interior to enter into agreements with spills are promptly and fully compensated, Secretary of Veterans Affairs to extend pri- the State of California to acquire from and and for other purposes; to the Committee on ority health care to veterans who served dur- provide to the State goods and services to be Transportation and Infrastructure. ing the Persian Gulf war in Israel or Turkey; used by the National Park Service and the H.R. 239. A bill to amend the Internal Rev- to the Committee on Veterans’ Affairs. State of California in the cooperative man- enue Code of 1986 to impose penalties on self- By Mr. QUINN (for himself, Mr. agement of lands in Redwood National Park dealing between certain tax-exempt organi- MCHUGH, Mr. KING of New York, Mr. and lands in Del Norte Coast Redwoods State zations and disqualified persons, and for DEAL of Georgia, Mr. HOLDEN, Mr. Park, Jebediah Smith Redwoods State Park, other purposes; to the Committee on Ways FOX of Pennsylvania, and Mr. GOSS): and Prairie Creek Redwoods State Park, and and Means. H.R. 251. A bill to establish an Office of In- for other purposes; to the Committee on Re- By Mr. MICA (for himself, Mr. SOLO- spector General for the Medicare and Medic- sources. MON, Mr. STUMP, and Mr. EVERETT): aid Programs; to the Committee on Govern- By Mrs. ROUKEMA: H.R. 240. A bill to amend title 5, United ment Reform and Oversight, and in addition H.R. 263. A bill to provide for the disposi- States Code, to provide that consideration to the Committees on Commerce, and Ways tion of unoccupied and substandard multi- may not be denied to preference eligibles ap- and Means, for a period to be subsequently family housing projects owned by the Sec- plying for certain positions in the competi- determined by the Speaker, in each case for retary of Housing and Urban Development; tive service, and for other purposes; to the consideration of such provisions as fall with- to the Committee on Banking and Financial Committee on Government Reform and in the jurisdiction of the committee con- Services. Oversight, and in addition to the Commit- cerned. By Mrs. ROUKEMA (for herself and Mr. tees on House Oversight, the Judiciary, and By Mr. RAHALL: SCHUMER): Transportation and Infrastructure, for a pe- H.R. 252. A bill to amend the Black Lung H.R. 264. A bill to amend the Electronic riod to be subsequently determined by the Benefits Act to provide for more just proce- Fund Transfer Act to require notice of cer- Speaker, in each case for consideration of dures for certain claims due to tain fees imposed by the operator of an auto- such provisions as fall within the jurisdic- pneumoconiosis; to the Committee on Edu- mated teller machine in connection with an tion of the committee concerned. cation and the Workforce. electronic fund transfer initiated by a

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H148 CONGRESSIONAL RECORD — HOUSE January 9, 1997 consumer at the machine, and for other pur- By Mr. SCHUMER (for himself, Mr. Means, for a period to be subsequently deter- poses; to the Committee on Banking and Fi- PALLONE, and Mr. MILLER of Califor- mined by the Speaker, in each case for con- nancial Services. nia): sideration of such provisions as fall within By Mrs. ROUKEMA: H.R. 277. A bill to increase penalties and the jurisdiction of the committee con- H.R. 265. A bill to amend the United States strengthen enforcement of environmental cerned.. Housing Act of 1937 to increase public hous- crimes, and for other purposes; to the Com- H.R. 289. A bill to amend the Food, Drug, ing opportunities for intact families; to the mittee on the Judiciary, and in addition to and Cosmetic Act and the egg, meat, and Committee on Banking and Financial Serv- the Committees on Commerce, Agriculture, poultry inspection laws to ensure that con- ices. Transportation and Infrastructure, and Re- sumers receive notification regarding food By Mrs. ROUKEMA: sources, for a period to be subsequently de- products produced from crops, livestock, or H.R. 266. A bill to evaluate the effective- termined by the Speaker, in each case for poultry raised on land on which sewage ness of certain community efforts in coordi- consideration of such provisions as fall with- sludge was applied; to the Committee on nation with local police departments in pre- in the jurisdiction of the committee con- Commerce, and in addition to the Committee venting and removing violent crime and drug cerned. on Agriculture, for a period to be subse- trafficking from the community, in increas- By Mr. SCHUMER: quently determined by the Speaker, in each ing economic development in the commu- H.R. 278. A bill to make changes in Federal case for consideration of such provisions as nity, and in preventing or ending retaliation juvenile justice proceedings, and to foster fall within the jurisdiction of the committee by perpetrators of crime against community youth development and prevent juvenile concerned. residents, and for other purposes; to the crime and delinquency; to the Committee on H.R. 290. A bill to provide demonstration Committee on the Judiciary. the Judiciary, and in addition to the Com- grants to establish clearing houses for the H.R. 267. A bill to require States to impose mittee on Education and the Workforce, for distribution to community-based organiza- criminal penalties on persons who willfully a period to be subsequently determined by tions of information on prevention of youth fail to pay child support, as a condition of the Speaker, in each case for consideration violence and crime; to the Committee on the Federal funding of State child support en- of such provisions as fall within the jurisdic- Judiciary, and in addition to the Committee forcement programs; to the Committee on tion of the committee concerned. on Education and the Workforce, for a period Ways and Means. By Mr. SERRANO (for himself, Mr. to be subsequently determined by the Speak- By Mrs. ROUKEMA (for herself and Mr. BONO, Mr. CLAY, Ms. DELAURO, Mr. er, in each case for consideration of such pro- VENTO): DELLUMS, Mr. ENSIGN, Mr. FROST, Mr. visions as fall within the jurisdiction of the H.R. 268. A bill to enhance competition in GREEN, Mr. HASTINGS of Florida, Mr. committee concerned. the financial services sector and merge the HINCHEY, Mr. JACKSON, Mr. LEWIS of H.R. 291. A bill to amend the Internal Rev- commercial bank and savings association California, Mr. MCGOVERN, Mr. MIL- enue Code of 1986 to provide for designation charters; to the Committee on Banking and of overpayments and contributions to the Financial Services, and in addition to the LER of California, and Mr. PASTOR): H.R. 279. A bill to award a congressional United States Library Trust Fund, and for Committee on Commerce, for a period to be gold medal to Francis Albert Sinatra; to the other purposes; to the Committee on Ways subsequently determined by the Speaker, in Committee on Banking and Financial Serv- and Means, and in addition to the Committee each case for consideration of such provi- ices. on Education and the Workforce, for a period sions as fall within the jurisdiction of the to be subsequently determined by the Speak- committee concerned. By Mr. SERRANO: H.R. 280. A bill to require the Federal Com- er, in each case for consideration of such pro- By Mrs. ROUKEMA: H.R. 269. A bill to provide for a role models munications Commission to implement the visions as fall within the jurisdiction of the academy demonstration program; to the recommendations of the joint board concern- committee concerned. Committee on Education and the Workforce. ing universal service support for schools and By Mr. SHADEGG (for himself, Mrs. H.R. 270. A bill to amend part B of title IV libraries; to the Committee on Commerce. CHENOWETH, Mr. WHITE, Mr. NOR- of the Social Security Act to provide for a H.R. 281. A bill to amend the Higher Edu- WOOD, and Mr. GRAHAM): set-aside of funds for States that have en- cation Act of 1965 to apply to Hispanic-serv- H.R. 292. A bill to require Congress to tered certain divorce laws, to amend the ing institutions of higher education the same specify the source of authority under the Legal Services Corporation Act to prohibit student loan default rate limitations appli- U.S. Constitution for the enactment of laws, the use of funds made available under the act cable to historically black colleges and uni- and for other purposes; to the Committee on to provide legal assistance in certain pro- versities; to the Committee on Education the Judiciary. ceedings relating to divorces and legal sepa- and the Workforce. By Mr. SHADEGG: rations, and for other purposes; to the Com- By Mr. SERRANO (for himself and Mr. H.R. 293. A bill to amend the Internal Rev- mittee on Ways and Means, and in addition RANGEL): enue Code of 1986 to provide tax credits for to the Committee on the Judiciary, for a pe- H.R. 282. A bill to designate the U.S. Post Indian investment and employment, and for riod to be subsequently determined by the Office building located at 153 East 110th other purposes; to the Committee on Ways Speaker, in each case for consideration of Street, New York, NY, as the ‘‘Oscar Garcia and Means. such provisions as fall within the jurisdic- Rivera Post Office Building’’; to the Com- H.R. 294. A bill to amend the Internal Rev- tion of the committee concerned. mittee on Government Reform and Over- enue Code of 1986 to treat for unemployment By Mr. ROYCE: sight. compensation purposes Indian tribal govern- H.R. 271. A bill to establish a second Na- By Mr. SERRANO: ments the same as State or local units of tional Blue Ribbon Commission to Eliminate H.R. 283. A bill to permit members of the government or as nonprofit organizations; to Waste in Government; to the Committee on House of Representatives to donate used the Committee on Ways and Means. Government Reform and Oversight. computer equipment to public elementary H.R. 295. A bill to amend the Internal Rev- H.R. 272. A bill to amend the Congressional and secondary schools designated by the enue Code of 1986 to provide for the issuance Budget and Impoundment Control Act of 1974 members; to the Committee on House Over- of tax-exempt bonds by Indian tribal govern- to prohibit the consideration of retroactive sight. ments, and for other purposes; to the Com- tax increases; to the Committee on Rules. H.R. 284. A bill to repeal the Cuban Democ- mittee on Ways and Means. By Mr. SCHUMER: racy Act of 1992 and the Cuban Liberty and H.R. 296. A bill to privatize the Federal H.R. 273. A bill to amend the Food Stamp Democratic Solidarity (LIBERTAD) Act of Power Marketing Administrations, and for Act of 1977 to require States to use elec- 1996; to the Committee on International Re- other purposes; to the Committee on Re- tronic benefit transfer systems, and for other lations. sources, and in addition to the Committee on purposes; to the Committee on Agriculture. H.R. 285. A bill to reinstate the authoriza- Commerce, for a period to be subsequently H.R. 274. A bill to amend the Truth in tion of cash remittances to family members determined by the Speaker, in each case for Lending Act to require a credit card issuer in Cuba under the Cuban assets control regu- consideration of such provisions as fall with- to disclose, in any preapproved application, lations; to the Committee on International in the jurisdiction of the committee con- solicitation, or offer to open a credit card ac- Relations. cerned. count under an open end consumer credit H.R. 286. A bill to protect the constitu- By Mr. SHAYS (for himself, Mr. LIPIN- plan, each rate of interest that will actually tional right to travel to foreign countries; to SKI, and Mr. GEJDENSON): apply to any credit extended under such the Committee on International Relations. H.R. 297. A bill to amend the Public Health plan, and for other purposes; to the Commit- H.R. 287. A bill to allow for news bureau ex- Service Act to provide for programs of re- tee on Banking and Financial Services. changes between the United States and search on prostate cancer; to the Committee By Mr. SCHUMER (for himself and Mr. Cuba; to the Committee on International Re- on Commerce. CONYERS): lations. By Mr. SHAYS (for himself, Mr. MAR- H.R. 275. A bill to combat domestic terror- H.R. 288. A bill to amend title XVIII of the TINEZ, and Mr. LIPINSKI): ism; to the Committee on the Judiciary. Social Security Act to provide for coverage H.R. 298. A bill to require recreational By Mr. SCHUMER: under part B of the Medicare Program of camps to report information concerning H.R. 276. A bill to amend the Internal Rev- medical nutrition therapy services of reg- deaths and certain injuries and illnesses to enue Code of 1986 to allow a $100,000 lifetime istered dietitians and nutrition profes- the Secretary of Health and Human Services, deduction for net capital gain; to the Com- sionals; to the Committee on Commerce, and to direct the Secretary to collect the infor- mittee on Ways and Means. in addition to the Committee on Ways and mation in a central data system, to establish

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a President’s Advisory Council on Rec- NEDY of Massachusetts, Mr. KILDEE, clusion for scholarships and fellowships and reational Camps, and for other purposes; to Mr. LAFALCE, Mr. LEWIS of Georgia, to restore the deduction for interest on edu- the Committee on Education and the Ms. LOFGREN, Mrs. LOWEY, Mrs. cational loans; to the Committee on Ways Workforce. MALONEY of New York, Mr. and Means. By Mr. SHAYS (for himself, Mr. DEL- MCDERMOTT, Mrs. MEEK of Florida, H.R. 320. A bill to prohibit the entry into LUMS, Mr. FARR of California, Mr. Mrs. MORELLA, Mr. NADLER, Mr. the United States of items produced, grown, HOUGHTON, Mrs. LOWEY, Ms. MCKIN- PAYNE, Ms. PELOSI, Ms. RIVERS, Mr. or manufactured in the People’s Republic of NEY, Mrs. MORELLA, Mr. OLVER, and SANDERS, Mr. SERRANO, Mr. SMITH of China with the use of forced labor; to the Mr. RANGEL): New Jersey, Mr. STARK, Mrs. Committee on Ways and Means. H.R. 299. A bill to authorize appropriations THURMAN, Mr. TOWNS, Ms. WATERS, H.R. 321. A bill to amend the Internal Rev- for the payment of U.S. arrearages in as- Mr. WAXMAN, Ms. DELAURO, Mr. MAT- enue Code of 1986 to allow health insurance sessed contributions to the United Nations SUI, Mr. WATT of North Carolina, and premiums to be fully deductible to the ex- for prior years and to authorize appropria- Ms. ROYBAL-ALLARD): tent not in excess of $3,000; to the Committee tions for the payment of assessed contribu- H.R. 306. A bill to prohibit discrimination on Ways and Means. tions of the United States for U.N. peace- against individuals and their family mem- H.R. 322. A bill to amend title II of the So- keeping operations; to the Committee on bers on the basis of genetic information, or a cial Security Act to provide that an individ- International Relations. request for genetic services; to the Commit- ual’s entitlement to any benefit thereunder By Mr. SHAYS: tee on Commerce, and in addition to the shall continue through the month of his or H.R. 300. A bill to amend title 49, United Committees on Ways and Means, and Edu- her death (without affecting any other per- States Code, to permit a State located with- cation and the Workforce, for a period to be son’s entitlement to benefits for that month) and that such individual’s benefit shall be in 5 miles of an airport in another State to subsequently determined by the Speaker, in payable for such month only to the extent participate in the process for approval of air- each case for consideration of such provi- proportionate to the number of days in such port development projects at the airport; to sions as fall within the jurisdiction of the month preceding the date of such individ- the Committee on Transportation and Infra- committee concerned. ual’s death; to the Committee on Ways and structure. By Mr. SOLOMON: Means. By Mr. SHAYS (for himself and Mr. H.R. 307. A bill to amend the vaccine in- H.R. 323. A bill to amend the Internal Rev- GEJDENSON): jury compensation portion of the Public H.R. 301. A bill to amend title XVIII of the enue Code of 1986 to provide that tax-exempt Health Service Act to permit a petition for interest shall not be taken into account in Social Security Act to provide for coverage compensation to be submitted within 48 of early detection of prostate cancer and cer- determining the amount of Social Security months of the first symptoms of injury; to benefits included in gross income; to the tain drug treatment services under part B of the Committee on Commerce. the Medicare Program and to amend chapter Committee on Ways and Means. H.R. 308. A bill to amend chapter 15 of title H.R. 324. A bill to amend the Internal Rev- 17 of title 38, United States Code, to provide 5, United States Code, to eliminate the pro- enue Code of 1986 to increase the unified es- for coverage of such early detection and vision prohibiting certain State and local tate and gift tax credit to an exemption treatment services under the programs of employees from seeking elective office; to equivalent of $1,200,000, and to provide a the Department of Veterans Affairs; to the the Committee on Government Reform and cost-of-living adjustment for such amount; Committee on Commerce, and in addition to Oversight. to the Committee on Ways and Means. the Committees on Ways and Means, and H.R. 309. A bill to prohibit federally spon- H.R. 325. A bill to amend the Internal Rev- Veterans’ Affairs, for a period to be subse- sored research pertaining to the legalization enue Code of 1986 to provide that the unre- quently determined by the Speaker, in each of drugs; to the Committee on Government lated business income tax shall apply to the case for consideration of such provisions as Reform and Oversight. gaming activities of Indian tribes; to the fall within the jurisdiction of the committee H.R. 310. A bill to require random drug Committee on Ways and Means. concerned. testing of Federal legislative branch Mem- H.R. 326. A bill to amend title II of the So- By Mr. SKAGGS (for himself and Ms. bers, officers, and employees; to the Commit- cial Security Act so as to remove the limita- DEGETTE): tee on House Oversight. tion upon the amount of outside income H.R. 302. A bill entitled ‘‘Rocky Mountain H.R. 311. A bill to amend the Taiwan Rela- which an individual may earn while receiv- National Park Wilderness Act of 1997’’; to tions Act; to the Committee on Inter- ing benefits thereunder; to the Committee on the Committee on Resources. national Relations. Ways and Means. By Mr. BILIRAKIS (for himself and Mr. By Mr. SOLOMON (for himself and Mr. H.R. 327. A bill to prohibit retroactive Fed- NORWOOD): SAM JOHNSON of Texas): eral income tax rate increases; to the Com- H.R. 303. A bill to amend title 38, United H.R. 312. A bill to prohibit United States mittee on Ways and Means. States Code, to permit retired members of voluntary and assessed contributions to the H.R. 328. A bill to amend the Public Health the Armed Forces who have service-con- United Nations if the United Nations im- Service Act and the Employee Retirement nected disabilities to receive compensation poses any tax or fee on U.S. persons or con- Income Security Act of 1974 to prohibit from the Department of Veterans Affairs tinues to develop or promote proposals for health issuers and group health plans from concurrently with retired pay, without de- such taxes or fees; to the Committee on discriminating against individuals on the duction from either; to the Committee on International Relations. basis of genetic information; to the Commit- Veterans’ Affairs. H.R. 313. A bill to amend the Anti-Drug tee on Commerce, and in addition to the By Ms. SLAUGHTER: Abuse Act of 1988 to eliminate the discretion Committee on Education and the Workforce, H.R. 304. A bill to amend the Public Health of the court in connection with the denial of for a period to be subsequently determined Service Act with respect to employment op- certain Federal benefits upon conviction of by the Speaker, in each case for consider- portunities in the Department of Health and certain drug offenses; to the Committee on ation of such provisions as fall within the ju- Human Services for women who are sci- the Judiciary. risdiction of the committee concerned. entist, and for other purposes; to the Com- H.R. 314. A bill to amend title 18, United H.R. 329. A bill to require States that re- mittee on Commerce. States Code, to modify the death penalty for ceive funds under the Elementary and Sec- By Ms. SLAUGHTER (for herself, Mr. drug kingpins; to the Committee on the Ju- ondary Education Act of 1965 to enact a law ACKERMAN, Mr. FAZIO of California, diciary. that requires the expulsion of students who Mr. FROST, Mr. GREEN, Mr. HINCHEY, H.R. 315. A bill to amend the Internal Rev- are convicted of a crime of violence; to the Mr. HOLDEN, Ms. NORTON, Ms. JACK- enue Code of 1986 to increase the child care Committee on Education and the Workforce. SON-LEE, Mrs. LOWEY, Mr. MCINTYRE, credit for lower-income working parents, and H.R. 330. A bill to repeal the provision of Ms. MCKINNEY, Mr. MALONEY of Con- for other purposes; to the Committee on law under which pay for Members of Con- necticut, Mr. MANTON, Mrs. MEEK of Ways and Means. gress is automatically adjusted; to the Com- Florida, Mr. MENENDEZ, Mrs. MINK of H.R. 316. A bill to amend the Internal Rev- mittee on Government Reform and Over- Hawaii, Mr. MORAN of Virginia, Mrs. enue Code of 1986 to provide a refundable in- sight, and in addition to the Committee on MYRICK, Mr. OWENS, Ms. PELOSI, Mr. come tax credit for the recycling of hazard- House Oversight, for a period to be subse- PORTER, and Mr. SCHUMER): ous wastes; to the Committee on Ways and quently determined by the Speaker, in each H.R. 305. A bill to provide protection from Means. case for consideration of such provisions as sexual predators; to the Committee on the H.R. 317. A bill to amend the Internal Rev- fall within the jurisdiction of the committee Judiciary. enue Code of 1986 to allow a credit against concerned. By Ms. SLAUGHTER (for herself, Mr. income tax for the purchase of a principal H.R. 331. A bill to prohibit foreign assist- ABERCROMBIE, Mr. ACKERMAN, Mr. resident by a first-time homebuyer; to the ance to Russia unless certain requirements BARRETT of Wisconsin, Ms. BROWN of Committee on Ways and Means. relating to Russian intelligence activities, Florida, Mr. BROWN of California, H.R. 318. A bill to amend the Internal Rev- relations between Russia and certain coun- Mrs. CLAYTON, Ms. DANNER, Mr. enue Code of 1986 to provide a Federal in- tries, Russian arms control policy, and the DEFAZIO, Mr. DELLUMS, Ms. ESHOO, come tax credit for tuition; to the Commit- reform of the Russian economy are met; to Mr. EVANS, Mr. GEJDENSON, Mr. GON- tee on Ways and Means. the Committee on International Relations, ZALEZ, Mr. GREEN, Mr. HILLIARD, Mr. H.R. 319. A bill to amend the Internal Rev- and in addition to the Committee on Bank- HINCHEY, Ms. JACKSON-LEE, Mr. KEN- enue Code of 1986 to restore the prior law ex- ing and Financial Services, for a period to be

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H150 CONGRESSIONAL RECORD — HOUSE January 9, 1997 subsequently determined by the Speaker, in poses; to the Committee on Ways and Means, of such provisions as fall within the jurisdic- each case for consideration of such provi- and in addition to the Committee on Com- tion of the committee concerned. sions as fall within the jurisdiction of the merce, for a period to be subsequently deter- By Mr. STUMP (for himself and Mr. committee concerned. mined by the Speaker, in each case for con- GOSS): H.R. 332. A bill to amend the Controlled sideration of such provisions as fall within H.R. 345. A bill to repeal the National Substances Act and the Controlled Sub- the jurisdiction of the committee concerned. Voter Registration Act of 1993; to the Com- stances Import and Export Act with respect By Mr. STEARNS (for himself, Mr. mittee on House Oversight. to penalties for powder cocaine and crack co- TOWNS, Mr. SOLOMON, Mr. MCHALE, By Mr. STUMP: caine offenses; to the Committee on the Ju- Mr. MANTON, Mr. MURTHA, Mr. H.R. 346. A bill to clarify the effect on the diciary, and in addition to the Committee on HOUGHTON, and Mr. BOEHLERT): citizenship of an individual of the individ- Commerce, for a period to be subsequently H.R. 338. A bill to prospectively repeal sec- ual’s birth in the United States; to the Com- determined by the Speaker, in each case for tion 210 of the Public Utility Regulatory mittee on the Judiciary. consideration of such provisions as fall with- Policies Act of 1978; to the Committee on By Mr. STUMP (for himself and Mr. in the jurisdiction of the committee con- Commerce. CALLAHAN): cerned. By Mr. STEARNS (for himself, Mr. H.R. 347. A bill to effect a moratorium on H.R. 333. A bill to amend the Controlled BARTLETT of Maryland, Mr. immigration by aliens other than refugees, Substances Act to require that courts, upon HOSTETTLER, and Mr. BARR of Geor- priority workers, and the spouses and chil- the criminal conviction under that act, no- gia): dren of U.S. citizens; to the Committee on tify the employer of the convicted person; to H.R. 339. A bill to amend title 18, United the Judiciary. the Committee on the Judiciary, and in addi- States Code, to provide a national standard By Mr. STUMP: tion to the Committee on Commerce, for a in accordance with which nonresidents of a H.R. 348. A bill to amend the Internal Rev- period to be subsequently determined by the State may carry certain concealed firearms enue Code of 1986 to increase the unified Speaker, in each case for consideration of in the State, and to exempt qualified current credit against estate and gift taxes to an such provisions as fall within the jurisdic- and former law enforcement officers from amount equivalent to a $1,000,000 exclusion; tion of the committee concerned. State laws prohibiting the carrying of con- to the Committee on Ways and Means. By Mr. SOLOMON (for himself, Mr. cealed handguns; to the Committee on the H.R. 349. A bill to amend title II of the So- cial Security Act so as to remove the limita- ROEMER, Mr. BARR of Georgia, Mrs. Judiciary. tion upon the amount of outside income CHENOWETH, Mr. GOODLATTE, and Mr. By Mr. STEARNS: HERGER): H.R. 340. A bill to amend the Internal Rev- which an individual may earn while receiv- H.R. 334. A bill to amend the Indian Gam- enue Code of 1986 to repeal the withholding ing benefits thereunder; to the Committee on ing Regulatory Act to bring more balance of income taxes and to require individuals to Ways and Means. into the negotiation of tribal-State com- pay estimated taxes on a monthly basis; to By Mr. STUPAK: H.R. 350. A bill to amend title I of the Om- pacts, to require an individual participating the Committee on Ways and Means. nibus Crime Control and Safe Streets Act of in class II or class III Indian gaming to be By Mr. STEARNS (for himself, Mr. 1986 to encourage States to enact a law en- physically present at the authorized gaming STUMP, Mr. TAYLOR of North Caro- forcement officer’s bill of rights, to provide activity, and for other purposes; to the Com- lina, Mr. CALVERT, Mr. standards and protection for the conduct of mittee on Resources, and in addition to the FALEOMAVAEGA, Mr. OBERSTAR, Ms. internal police investigations, and for other Committee on the Judiciary, for a period to LOFGREN, Mr. MINGE, Mr. WATT of purposes; to the Committee on the Judici- be subsequently determined by the Speaker, North Carolina, and Mr. OXLEY): ary. in each case for consideration of such provi- H.R. 341. A bill to establish limitations By Mr. STUPAK (for himself and Mr. sions as fall within the jurisdiction of the with respect to the disclosure and use of ge- EHLERS): committee concerned. netic information, and for other purposes; to H.R. 351. A bill to authorize the Secretary By Mr. SOLOMON (for himself and Mr. the Committee on Commerce, and in addi- of the Interior to make appropriate improve- WATTS of Oklahoma): tion to the Committees on Government Re- ments to a county road located in the Pic- H.R. 335. A bill to establish the Commis- form and Oversight, and Education and the tured Rocks National Lakeshore, and to pro- sion on the Future for America’s Veterans; Workforce, for a period to be subsequently hibit construction of a scenic shoreline drive to the Committee on Rules, for a period to be determined by the Speaker, in each case for in that national lakeshore; to the Committee subsequently determined by the Speaker, in consideration of such provisions as fall with- on Resources. each case for consideration of such provi- in the jurisdiction of the committee con- By Mr. STUPAK: sions as fall within the jurisdiction of the cerned. H.R. 352. A bill to provide for return of ex- committee concerned. By Mr. STEARNS: cess amounts from official allowances of By Mr. SOLOMON (for himself, Mr. H.R. 342. A bill to provide for the com- Members of the House of Representatives to COBURN, Mr. FORBES, Mr. GOSS, Mr. parable treatment of Federal employees and the Treasury for deficit reduction; to the MCINNIS, Mr. METCALF, Mr. NEY, Mr. Members of Congress and the President dur- Committee on House Oversight, and in addi- NORWOOD, Ms. PRYCE of Ohio, Mr. ing a period in which there is a Federal Gov- tion to the Committee on Rules, for a period ROYCE, Mr. SCHIFF, Mr. TAYLOR of ernment shutdown; to the Committee on to be subsequently determined by the Speak- North Carolina, Mr. TRAFICANT, and Government Reform and Oversight, and in er, in each case for consideration of such pro- Mr. SMITH of New Jersey): addition to the Committee on House Over- visions as fall within the jurisdiction of the H.R. 336. A bill to amend titles II and XVIII sight, for a period to be subsequently deter- committee concerned. of the Social Security Act to ensure the in- mined by the Speaker, in each case for con- By Mr. TANNER (for himself and Mr. tegrity of the Social Security trust funds by sideration of such provisions as fall within CLEMENT): reconstituting the boards of trustees of such the jurisdiction of the committee concerned. H.R. 353. A bill to amend the Internal Rev- trust funds and the managing trustee of such By Mr. STEARNS (for himself, Mr. enue Code of 1986 to clarify the treatment of trust funds to increase their independence, ROHRABACHER, Mr. COBURN, Mr. HAM- educational grants by private foundations, by providing for annual investment plans to ILTON, and Ms. DANNER): and for other purposes; to the Committee on guide investment of amounts in such trust H.R. 343. A bill to provide that pay for Ways and Means. funds, and by removing unnecessary restric- Members of Congress may not be increased By Mr. THOMAS: tions on investment and disinvestment of by any adjustment scheduled to take effect H.R. 354. A bill to amend the Federal Elec- amounts in such trust funds; to the Commit- in a year immediately following a fiscal year tion Campaign Act of 1971 to prohibit indi- tee on Ways and Means, and in addition to in which a deficit in the budget of the U.S. viduals who are not citizens of the United the Committee on Commerce, for a period to Government exists; to the Committee on States from making contributions in connec- be subsequently determined by the Speaker, Government Reform and Oversight, and in tion with an election for Federal office; to in each case for consideration of such provi- addition to the Committee on House Over- the Committee on House Oversight. sions as fall within the jurisdiction of the sight, for a period to be subsequently deter- H.R. 355. A bill to amend the Federal Elec- committee concerned. mined by the Speaker, in each case for con- tion Campaign Act of 1971 to require the na- By Mr. STARK (for himself, Mr. LEWIS sideration of such provisions as fall within tional committees of political parties to file of Georgia, Mr. GEJDENSON, Mr. the jurisdiction of the committee concerned. pre-general election reports with the Federal SERRANO, Mr. SANDERS, and Mr. By Mr. STEARNS (for himself, Mr. Election Commission without regard to FILNER): MCHUGH, Mr. ROHRABACHER, and Mr. whether or not the parties have made con- H.R. 337. A bill to amend the Internal Rev- WOLF): tributions or expenditures under such act enue Code of 1986 and titles XVIII and XIX of H.R. 344. A bill to establish the bipartisan during the periods covered by such reports; the Social Security Act to ensure access to Commission on the future of Medicare to to the Committee on House Oversight. services and prevent fraud and abuse for en- make findings and issue recommendations By Mr. TOWNS: rollees of managed care plans, to amend on the future of the Medicare program; to H.R. 356. A bill to improve health status in standards for Medicare supplemental polices, the Committee on Ways and Means, and in medically disadvantaged communities to modify the Medicare select program, and addition to the Committee on Commerce, for through comprehensive community-based to provide other protections for beneficiaries a period to be subsequently determined by managed care programs; to the Committee of health plans generally, and for other pur- the Speaker, in each case for consideration on Commerce.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 January 9, 1997 CONGRESSIONAL RECORD — HOUSE H151 H.R. 357. A bill to authorize the Secretary the Committee on Resources, and in addition ment services under the programs of the De- of Health and Human Services to fund ado- to the Committee on Government Reform partment of Veterans Affairs, and to expand lescent health demonstration projects; to the and Oversight, for a period to be subse- research and education programs of the Na- Committee on Commerce. quently determined by the Speaker, in each tional Institutes of Health and the Public H.R. 358. A bill to amend title XIX of the case for consideration of such provisions as Health Service relating to prostate cancer; Social Security Act to reduce infant mortal- fall within the jurisdiction of the committee to the Committee on Commerce, and in addi- ity through improvement of coverage of concerned. tion to the Committees on Ways and Means, services to pregnant women and infants By Mr. VENTO: and Veterans’ Affairs, for a period to be sub- under the Medicaid Program; to the Commit- H.R. 369. A bill to require the Federal Com- sequently determined by the Speaker, in tee on Commerce. munications Commission to prescribe rules each case for consideration of such provi- H.R. 359. A bill to amend title XIX of the to protect public safety by preventing broad- sions as fall within the jurisdiction of the Social Security Act to require State Medic- casts that create hazards for motorists; to committee concerned. aid programs to provide coverage of screen- the Committee on Commerce. By Mr. ANDREWS: ing mammography and screening pap H.R. 370. A bill to require that wages paid H.R. 384. A bill to exclude certain veterans’ smears; to the Committee on Commerce. under a Federal contract are greater than compensation and pension amounts from H.R. 360. A bill to amend the Solid Waste the local poverty line, and for other pur- consideration as adjusted income for pur- Disposal Act to prohibit the international poses; to the Committee on Government Re- poses of determining the amount of rent paid export and import of certain solid waste; to form and Oversight. by a family for a dwelling unit assisted the Committee on Commerce. H.R. 371. A bill to expedite the naturaliza- under the United States Housing Act of 1937; H.R. 361. A bill to require the Consumer tion of aliens who served with special guer- to the Committee on Banking and Financial product Safety Commission to ban toys rilla units in Laos; to the Committee on the Services. which in size, shape, or overall appearance Judiciary. H.R. 385. A bill to amend the Public Health resemble real handguns; to the Committee H.R. 372. A bill to amend the Internal Rev- Service Act with respect to the participation on Commerce. enue Code of 1986 to provide an exclusion of the public in governmental decisions re- H.R. 362. A bill to improve Federal enforce- from gross income for that portion of a gov- garding the location of group homes estab- ment against health care fraud and abuse; to ernmental pension received by an individual lished pursuant to the program of block the Committee on Government Reform and which does not exceed the maximum benefits grants for the prevention and treatment of Oversight. payable under title II of the Social Security substance abuse; to the Committee on Com- H.R. 363. A bill to amend section 2118 of the Act which could have been excluded from in- merce. Energy Policy Act of 1992 to extend the Elec- come for the taxable year; to the Committee By Mr. ANDREWS (for himself, Mr. tric and Magnetic Fields Research and Pub- on Ways and Means. HOLDEN, Mr. TRAFICANT, Mr. MAR- lic Information Dissemination Program; to By Mr. WYNN: TINEZ, AND Mr. SERRANO): H.R. 386. A bill to substitute evaluations of the Committee on Commerce, and in addi- H.R. 373. A bill to amend the Small Busi- educational quality for cohort default rates tion to the Committee on Science, for a pe- ness Act to strengthen existing protections in eligibility determinations for proprietary riod to be subsequently determined by the for small business participation in Federal institutions of higher education under the Speaker, in each case for consideration of contracting opportunities, to provide for as- Federal student assistance programs; to the such provisions as fall within the jurisdic- sessments of the impacts on small businesses tion of the committee concerned. Committee on Education and the Workforce. of the steadily increasing use of contract By Mr. ANDREWS (for himself, Mr. H.R. 364. A bill to amend title XVIII of the bundling by the procurement activities of KASICH, Mr. SANDERS, Mr. ROYCE, Mr. Social Security Act to provide for Medicare the various Federal agencies, and for other CONDIT, Mr. DEFAZIO, Mr. KLUG, Mr. contracting reforms, and for other purposes; purposes; to the Committee on Small Busi- PETERSON of Minnesota, Mr. to the Committee on Commerce, and in addi- ness, and in addition to the Committee on SHADEGG, Mr. JACKSON, Mr. tion to the Committee on Ways and Means, Government Reform and Oversight, for a pe- PASCRELL, and Mr. DICKEY): for a period to be subsequently determined riod to be subsequently determined by the by the Speaker, in each case for consider- H.R. 387. A bill to terminate the authori- Speaker, in each case for consideration of ties of the Overseas Private Investment Cor- ation of such provisions as fall within the ju- such provisions as fall within the jurisdic- risdiction of the committee concerned. poration; to the Committee on International tion of the committee concerned. Relations. H.R. 365. A bill to amend the Civil Rights By Mr. YOUNG of Alaska (for himself Act of 1964 and the Fair Housing Act to pro- By Mr. ANDREWS: and Mr. SAXTON): H.R. 388. A bill to prohibit all United hibit discrimination on the basis of affec- H.R. 374. A bill to amend the act popularly tional or sexual orientation, and for other States military and economic assistance for known as the Sikes Act to enhance fish and Turkey until the Turkish Government takes purposes; to the Committee on the Judici- wildlife conservation and natural resources ary, and in addition to the Committee on certain actions to resolve the Cyprus prob- management programs; to the Committee on lem and complies with its obligations under Education and the Workforce, for a period to Resources, and in addition to the Committee international law; to the Committee on be subsequently determined by the Speaker, on National Security, for a period to be sub- International Relations. in each case for consideration of such provi- sequently determined by the Speaker, in H.R. 389. A bill concerning denial of pass- sions as fall within the jurisdiction of the each case for consideration of such provi- ports to noncustodial parents subject to committee concerned. sions as fall within the jurisdiction of the State arrest warrants in cases of nonpay- By Mr. TRAFICANT (for himself, Mr. committee concerned. ment of child support; to the Committee on HASTINGS of Florida, Mr. THOMPSON, [Submitted January 9, 1997] International Relations. Mr. RANGEL, Mr. MENENDEZ, Ms. H.R. 390. A bill to amend section 207 of title JACKSON-LEE, Ms. MOLINARI, Mr. By Mr. ACKERMAN: 18, United States Code, to increase to 5 years HINCHEY, Mr. LIPINSKI, Mr. HYDE, Ms. H.R. 382. A bill to amend the Internal Rev- the period during which former Members of NORTON, Mr. DELLUMS, and Ms. enue Code of 1986 to allow a deduction for the Congress may not engage in certain lobbying DELAURO): payment of postsecondary education ex- activities; to the Committee on the Judici- H.R. 366. A bill to require the surgical re- penses; to the Committee on Ways and ary. moval of silicone gel and saline filled breast Means. H.R. 391. A bill to amend the Internal Rev- implants, to provide for research on silicone By Mr. ACKERMAN (for himself, Mr. enue Code of 1986 to provide incentives for and other chemicals used in the manufacture BORSKI, Mr. BOUCHER, Mr. investments in tax enterprise zone busi- of breast implants, and for other purposes; to CUNNINGHAM, Ms. DELAURO, Mr. nesses and domestic businesses; to the Com- the Committee on Commerce. FILNER, Mr. FRANKS of New Jersey, mittee on Ways and Means. By Mr. TRAFICANT (for himself, Mr. Mr. HILLIARD, Mr. HINCHEY, Ms. H.R. 392. A bill to provide for economic NORWOOD, Mr. HEFLEY, Mr. EDDIE BERNICE JOHNSON of Texas, Mr. growth by reducing income taxes for most HAYWORTH, and Mr. DUNCAN): KILDEE, Mr. KING of New York, Mr. Americans, by encouraging the purchase of H.R. 367. A bill to amend the Internal Rev- LAFALCE, Mr. MCHALE, Mr. MANTON, American-made products, and by extending enue Code of 1986 to place the burden of proof Mr. MILLER of California, Mrs. MINK transportation-related spending, and for on the Secretary of the Treasury in civil of Hawaii, Ms. MOLINARI, Ms. NOR- other purposes; to the Committee on Ways cases and on the taxpayer in administrative TON, Mr. OBERSTAR, Mr. PASTOR, Mr. and Means, and in addition to the Commit- proceedings, to require 15 days notice and ju- PAYNE, Mr. SAXTON, Mr. SCHUMER, tees on Transportation and Infrastructure, dicial consent before seizure, to exclude civil Mr. SERRANO, Mr. TRAFICANT, and Government Reform and Oversight, Banking damages for unauthorized collection actions Mr. WOLF): and Financial Services, and Appropriations, from income, and for other purposes; to the H.R. 383. A bill to amend title XVIII of the for a period to be subsequently determined Committee on Ways and Means. Social Security Act to provide for coverage by the Speaker, in each case for consider- By Mr. UNDERWOOD: of early detection of prostate cancer and cer- ation of such provisions as fall within the ju- H.R. 368. A bill to amend the Organic Act tain drug treatment services under part B of risdiction of the committee concerned. of Guam to provide the government of Guam the Medicare Program, to amend chapter 17 By Mr. PALLONE (for himself Mr. AN- with a right-of-first refusal regarding excess of title 38, United States Code, to provide for DREWS, Mrs. KENNELLY of Connecti- Federal real property located in Guam; to coverage of such early detection and treat- cut, Mr. SHAYS, and Mr. MARKEY):

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H152 CONGRESSIONAL RECORD — HOUSE January 9, 1997 H.R. 393. A bill to prohibit the commercial governments of certain surplus property for an event of the National Association of harvesting of Atlantic striped bass in the use for law enforcement or public safety pur- Stock Car Automobile Racing, its agents or coastal waters and the exclusive economic poses; to the Committee on Government Re- affiliates, or any other professional motor zone; to the Committee on Resources. form and Oversight. sports association by the Secretary of Health By Mr. BARCIA of Michigan: By Mr. ENGEL: and Human Services or any other instrumen- H.R. 394. A bill to provide for the release of H.R. 405. A bill to amend title XVIII of the tality of the Federal Government; to the the reversionary interest held by the United Social Security Act to provide for coverage Committee on Commerce. States in certain property located in the of expanded nursing facility and in-home By Ms. HARMAN (for herself, Mrs. County of Iosco, MI; to the Committee on services for dependent individuals under the MORELLA, Ms. DELAURO, Mrs. KELLY, Agriculture. Medicare Program, to provide for coverage of Mr. DELLUMS, Mr. BALDACCI, Mrs. By Mr. BARCIA of Michigan (for him- outpatient prescription drugs under part B of CLAYTON, Mr. CONYERS, Mr. FARR of self and Mr. CAMP): such program, and for other purposes; to the California, Mr. FRANK of Massachu- H.R. 395. A bill to amend the Internal Rev- Committee on Commerce, and in addition to setts, Mr. FROST, Ms. RIVERS, Ms. enue Code of 1986 to simplify the assessment the Committee on Ways and Means, for a pe- ROYBAL-ALLARD, and Ms. SLAUGH- and collection of the excise tax arrows; to riod to be subsequently determined by the TER): the Committee on Ways and Means. Speaker, in each case for consideration of H.R. 411. A bill to restore freedom of choice By Mr. BARRETT of Nebraska: such provisions as fall within the jurisdic- to women in the uniformed services serving H.R. 396. A bill to amend the Internal Rev- tion of the committee concerned. outside the United States; to the Committee enue Code of 1986 to provide that the alter- By Mr. ENGLISH of Pennsylvania (for on National Security. native minimum tax shall not apply to in- himself, Mr. MCHALE, Mr. SAXTON, By Mr. HASTINGS of Washington: stallment sales of farm property; to the Mr. CANADY of Florida, Mr. GRAHAM, H.R. 412. A bill to approve a settlement Committee on Ways and Means. Mr. EHLERS, and Mr. LOBIONDO): agreement between the Bureau of Reclama- By Mr. BENTSEN: H.R. 406. A bill to establish the Independ- tion and the Oroville-Tonasket Irrigation H.R. 397. A bill to require that the Presi- ent Commission on Medicare to make rec- District, to the Committee on Resources. dent transmit to Congress, that the congres- ommendations on how to best match the H.R. 413. A bill to prohibit further exten- sional Budget Committees report, and that structure of the Medicare Program with the sion or establishment of any national monu- the Congress consider a balanced budget for funding made available for the program by ment in Washington State without full pub- each fiscal year; to the Committee on the Congress, to provide for expedited consider- lic participation and an express Act of Con- Budget, and in addition to the Committee on ation in Congress of the Commission’s rec- gress, and for other purposes; to the Commit- ommendations, and to establish a default Rules, for a period to be subsequently deter- tee on Resources. process for meeting congressional spending mined by the Speaker, in each case for con- By Mr. HEFLEY (for himself, Mr. targets for the Medicare Program if Congress sideration of such provisions as fall within WATTS of Oklahoma, Mr. NORWOOD, rejects the Commission’s recommendations; the jurisdiction of the committee concerned. Mr. TAYLOR of Mississippi, Mr. to the Committee on Ways and Means, and in FILNER, Mr. ENSIGN, Mr. BONILLA, Mr. By Mr. BILIRAKIS: addition to the Committees on Commerce, H.R. 398. A bill to amend the Solid Waste BARTLETT of Maryland, Mr. ABER- Rules, and the Budget, for a period to be sub- Disposal Act to exempt pesticide rinse water CROMBIE, Mr. GONZALEZ, Mr. sequently determined by the Speaker, in degradation systems from subtitle C permit RAMSTAD, Mr. CONDIT, Mr. each case for consideration of such provi- GOODLATTE, Mr. LEWIS of Kentucky, requirements; to the Committee on Com- sions as fall within the jurisdiction of the merce. Mr. BALLENGER, Mr. BEREUTER, Mr. committee concerned. CUNNINGHAM, Mr. CLEMENT, Mr. By Mr. BILIRAKIS (for himself, Mr. By Mr. FAZIO of California (for him- CANADY of Florida, Mr. HERGER, Mr. STEARNS, Mr. DAN self, Mr. HALL of Ohio, Mr. NORWOOD, ROHRABACHER, Mr. MCHUGH, Mr. KING SCHAEFER of Colorado, and Mr. and Ms. WOOLSEY): of New York, and Mr. GILMOR): HOYER): H.R. 407. A bill to allow postal patrons to H.R. 414. A bill to authorize the use of the H.R. 399. A bill to prohibit the provision of contribute to funding for breast-cancer re- financial assistance by the Federal Govern- Medicare trust funds to reimburse the De- search through the voluntary purchase of partment of Defense for certain health care ment to any person who is more than 60 days certain specially issued U.S. postage stamps; services provided to Medicare-eligible cov- delinquent in the payment of any child sup- to the Committee on Government Reform ered military beneficiaries; to the Commit- port obligation; to the Committee on Gov- and Oversight, and in addition to the Com- tee on Ways and Means, and in addition to ernment Reform and Oversight. mittee on Commerce, for a period to be sub- the Committees on Commerce, and National ON- By Mr. COBLE (for himself, Mr. C sequently determined by the Speaker, in Security, for a period to be subsequently de- YERS, Mr. GOODLATE, and Ms. each case for consideration of such provi- termined by the Speaker, in each case for LOFGREN): sions as fall within the jurisdiction of the consideration of such provisions as fall with- H.R. 400. A bill to amend title 35, United committee concerned. in the jurisdiction of the committee con- States Code, with respect to patents, and for By Mr. GILCHREST (for himself, Mr. cerned. other purposes; to the Committee on the Ju- CUNNINGHAM, Mr. CARDIN, Mr. YOUNG By Mr. HYDE (for himself, Mr. ARCHER, diciary. of Alaska, Mr. ORTIZ, Mr. BILBRAY, Mr. THOMAS, Mr. COBLE, Mr. INGLIS of By Mr. HYDE (for himself, Mr. SENSEN- and Mr. KOLBE): South Carolina, Mr. MCCOLLUM, Mr. BRENNER, Mr. GEKAS, Mr. COBLE, Mr. H.R. 408. A bill to amend the Marine Mam- GOODLATTE, Mr. CANADY of Florida, SMITH of Texas, Mr. GALLEGLY, Mr. mal Protection Act of 1972 to support the Mr. BONO, Mr. CAMPBELL, Mr. SHAW, CANADY of Florida, Mr. BONO, and Mr. International Dolphin Conservation Program Mr. MCCRERY, Mr. CRANE, Mr. DEAL FRANK of Massachusetts): in the eastern tropical Pacific Ocean, and for of Georgia, and Mr. LINDER): H.R. 401. A bill to modify the application of other purposes; to the Committee on Re- H.R. 415. A bill to modify the application of the antitrust laws to encourage the licensing sources. the antitrust laws to health care provider and other use of certain intellectual prop- By Mr. GILMAN (for himself, Mr. HAM- networks that provide health care services, erty; to the Committee on the Judiciary. ILTON, Mr. SOLOMON, Mr. MCHALE, and for other purposes; to the Committee on By Mr. BILIRAKIS: Mr. TALENT, and Mr. SAM JOHNSON): the Judiciary. H.R. 402. A bill to amend the Internal Rev- H.R. 409. A bill to amend title 10, United By Ms. KAPTUR: enue Code of 1986 to allow employers a tax States Code, to restore the provisions of H.R. 416. A bill to amend section 207 of title credit for hiring displaced homemakers; to chapter 76 of that title (relating to missing 18, United States Code, to further restrict the Committee on Ways and Means. persons) as in effect before the amendments Federal officers and employees from rep- H.R. 403. A bill to modify the provision of made by the National Defense Authorization resenting or advising foreign entities after law which provides a permanent appropria- Act for fiscal year 1997; to the Committee on leaving Government service; to the Commit- tion for the compensation of Members of National Security. tee on the Judiciary. Congress, and for other purposes; to the By Mr. GORDON (for himself, Mrs. By Mrs. KENNELLY of Connecticut Committee on Rules, and in addition to the CLAYTON, Mr. STUMP, Mr. BAESLER, (for herself and Mrs. MORELLA): Committee on Appropriations, for a period to Mr. JONES, Mr. MCINTOSH, Mr. NOR- H.R. 417. A bill to amend title XVIII of the be subsequently determined by the Speaker, WOOD, Mr. TAYLOR of North Carolina, Social Security Act to provide annual in each case for consideration of such provi- Mr. LEWIS of Kentucky, Mr. DELAY, screening mammography and waive sions as fall within the jurisdiction of the Mr. BARR of Georgia, Mrs. MYRICK, deductibles and coinsurance for screening committee concerned. Mr. BURR of North Carolina, Mr. mammography under the Medicare Program: By Mr. CALVERT (for himself, Mr. CHAMBLISS, Mr. SPRATT, Mr. COBLE, to the Committee on Commerce, and in addi- BROWN of California, Mr. LEWIS of Mr. HEFNER, Mr. COLLINS, Mr. CLEM- tion to the Committee on Ways and Means, California, Mr. HORN, Mr. RIGGS, Mr. ENT, Mr. TANNER, Mr. CALLAHAN, Mr. for a period to be subsequently determined FAZIO of California, Ms. RIVERS, and GRAHAM, Mr. BALLENGER, Mr. by the Speaker, in each case for consider- Mr. BOUCHER): CLYBURN, Mr. MICA, Mr. SISISKY, and ation of such provisions as fall within the ju- H.R. 404. A bill to amend the Federal Prop- Mr. HOSTETTLER): risdiction of the committee concerned. erty and Administrative Services Act of 1949 H.R. 410. A bill to prohibit the use of any By Mrs. MALONEY of New York (for to authorize the transfer to State and local tobacco or tobacco product as a sponsor of herself and Mr. ENSIGN):

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H.R. 418. A bill to amend title XVIII of the Mr. HOLDEN, Mr. MCINTOSH, Mr. riod to be subsequently determined by the Social Security Act to provide for coverage WHITFIELD, Mr. WATTS of Oklahoma, Speaker, in each case for consideration of of an annual screening mammography under Mr. EVANS, Mr. HASTERT, Mr. SOLO- such provisions as fall within the jurisdic- part B of the Medicare Program for women MON, Mr. GANSKE, Mr. EWING, Mr. tion of the committee concerned. age 65 or older; to the Committee on Com- FROST, Mr. BRYANT, Mr. LEACH, Mr. By Mr. SAXTON (for himself, Mr. merce, and in addition to the Committee on LATHAM, Mr. HALL of Texas, Mr. YOUNG of Alaska, Mr. ABERCROMBIE, Ways and Means, for a period to be subse- GUTKNECHT, Mr. BARRETT of Ne- and Mr. FARR of California): quently determined by the Speaker, in each braska, Mr. FAZIO of California, Mr. H.R. 437. A bill to reauthorize the National case for consideration of such provisions as PARKER, Mr. TANNER, Ms. DANNER, Sea Grant College Program Act, and for fall within the jurisdiction of the committee Mr. COSTELLO, Mr. TRAFICANT, Mr. other purposes; to the Committee on Re- concerned. NORWOOD, Mr. HOSTETTLER, Mr. COX sources. By Mrs. MALONEY of New York (for of California, Mr. MORAN of Kansas, By Mr. SENSENBRENNER (for him- herself, Mr. HORN, Mr. MINGE, and Mr. LUCAS of Oklahoma, Mr. HILL, self, Mr. OBEY, Mr. NEUMANN, Mr. Mr. SERRANO): Mrs. CLAYTON, Mr. COOKSEY, Mr. BE- PETRI, Mr. KLUG, Mr. BARRETT of H.R. 419. A bill to establish a temporary REUTER, Mr. METCALF, Mr. CRAMER, Wisconsin, Mr. JOHNSON of Wisconsin, commission to recommend reforms in the Mr. HOBSON, Mr. MCINTYRE, Mr. Mr. KIND of Wisconsin, Mr. STUPAK, laws relating to elections for Federal office; THORNBERRY, Mr. DEAL of Georgia, Mr. NADLER, Mr. RAMSTAD, Mr. OBER- to the Committee on House Oversight, and in Mr. DICKEY, Mr. POSHARD, Mr. BAKER, STAR, Mr. PETERSON of Minnesota, addition to the Committee on Rules, for a Mr. HULSHOF, Mr. BUYER, Mr. BONO, Mr. SABO, Mr. MINGE, Ms. RIVERS, period to be subsequently determined by the Mr. BERRY, Mr. GOODLATTE, Mr. Mr. POMEROY, Mr. GUTKNECHT, Mr. Speaker, in each case for consideration of KOLBE, Mr. OXLEY, Mr. CALLAHAN, VENTO, and Mr. EVANS): such provisions as fall within the jurisdic- Mr. SESSIONS, Mr. THUNE, Mrs. MINK H.R. 438. A bill to rescind the consent of Congress to the Northeast Interstate Dairy tion of the committee concerned. of Hawaii, Mr. STUMP, Mr. ADERHOLT, Compact; to the Committee on the Judici- By Mr. MATSUI (for himself, Mr. ENG- Mr. GILLMOR, Mr. COOK, and Mr. ary. LISH of Pennsylvania, and Mr. HUTCHINSON): MCCRERY): H.R. 426. A bill to amend the Internal Rev- By Mr. SENSENBRENNER: H.R. 439. A bill to prohibit acquisitions of H.R. 420. A bill to amend the Internal Rev- enue Code of 1986 to provide that the alter- land or waters for the National Wildlife Ref- enue Code of 1986 to modify the exclusion of native minimum tax shall not apply to in- uge System if wildlife refuge revenue sharing gain on certain small business stock and to stallment sales of farm property; to the payments have not been made for the preced- allow nonrecognition on gain from the sale Committee on Ways and Means. ing fiscal year; to the Committee on Re- of such stock if other small business stock is By Mr. PETERSON of Minnesota: purchased; to the Committee on Ways and sources. H.R. 427. A bill to allow for a 1-year exten- H.R. 440. A bill to amend the Internal Rev- Means. sion on Conservation Reserve Program con- enue Code of 1986 to allow certain corpora- By Mrs. MORELLA (for herself and tracts expiring in 1997; to the Committee on tions and certain trusts to be shareholders of Mrs. KENNELLY of Connecticut): Agriculture. subchapter S corporations; to the Committee H.R. 421. A bill to amend title XIX of the By Mr. PICKETT: on Ways and Means. Social Security Act to require State Medic- H.R. 428. A bill to provide that the prop- H.R. 441. A bill to repeal the Impoundment aid plans to provide coverage of screening erty of innocent owners is not subject to for- Control Act of 1974; to the Committee on the mammography; to the Committee on Com- feiture under the laws of the United States; Budget, and in addition to the Committee on merce. to the Committee on the Judiciary. Rules, for a period to be subsequently deter- By Mrs. MORELLA: H.R. 429. A bill to amend the Immigration mined by the Speaker, in each case for con- H.R. 422. A bill to require the Commis- and Nationality Act to provide for special sideration of such provisions as fall within sioner of the Bureau of Labor Statistics to immigrant status for NATO civilian employ- the jurisdiction of the committee concerned. conduct time use surveys of unremunerated ees in the same manner as for employees of By Mr. SMITH of Michigan: work performed in the United States and to international organizations; to the commit- H.R. 442. A bill to amend the Internal Rev- calculate the monetary value of such work; tee on the Judiciary. enue Code of 1986 to exclude from gross in- to the Committee on Education and the H.R. 430. A bill to amend the Internal Rev- come up to $500,000 of gain on the sale of a Workforce. enue Code of 1986 to make permanent the ex- principle residence and up to $500,000 of gain By Mrs. MYRICK (for herself, Mr. LI- clusion for employer-provided educational on the sale of farmland; to the Committee on PINSKI, Mr. ENGLISH of Pennsylvania, assistance; to the Committee on Ways and Ways and Means. Mr. GILMAN, Mr. GRAHAM, Mr. Means. By Mr. STARK (for himself, Mr. POSHARD, and Mr. KLINK): By Mr. RADANOVICH: FILNER, Mr. KENNEDY of Rhode Is- H.R. 423. A bill to direct the Federal Trade H.R. 431. A bill to amend the Fair Labor land, Mr. BROWN of Ohio, Mr. WAX- Commission to impose civil monetary pen- Standards Act of 1938 to allow employees in MAN, Mr. MCDERMOTT, and Mr. LEWIS alties against persons disseminating false classified positions in community colleges to of Georgia): political advertisements; to the Committee serve in certified or other academic capac- H.R. 443. A bill to amend part A of title on Commerce. ities; to the Committee on Education and XVIII of the Social Security Act to deny By Mrs. MYRICK (for herself, Mr. GIL- the Workforce. Medicare payment with respect to nonprofit MAN, Mr. GRAHAM, Mr. SOLOMON, and By Mr. RICHARDSON: hospitals that transfer assets or control to Mr. SENSENBRENNER): H.R. 432. A bill to amend title 10, United for-profit entities without approval; to the H.R. 424. A bill to provide for increased States code, to provide for the issuance of a Committee on Ways and Means. mandatory minimum sentences for criminals nuclear radiation medal to persons who By Mr. STARK (for himself, Mr. LEWIS possessing firearms, and for other purposes; while members of the Armed Forces partici- of Georgia, Mr. BARRETT of Wiscon- to the Committee on the Judiciary. pated in an activity resulting in risk of expo- sin, Mr. DEFAZIO, Mr. DELLUMS, Mr. By Mrs. MYRICK: sure to nuclear radiation; to the Committee GONZALEZ, Mr. GREEN, Mr. MARTINEZ, H.R. 425. A bill to amend title 18, United on National Security. Mr. OBERSTAR, Ms. RIVERS, and Mr. States Code, to punish false statements dur- H.R. 433. A bill to enhance the National TOWNS): ing debate on the floor of either House of Park System, and for other purposes; to the H.R. 444. A bill to amend the Internal Rev- Congress; to the Committee on the Judici- Committee on Resources. enue Code of 1986 and the Employee Retire- ary, and in addition to the Committee on H.R. 434. A bill to provide for the convey- ment Income Security Act of 1974 to assist in Rules, for a period to be subsequently deter- ance of small parcels of land in the Carson assuring health coverage for workers over 55 mined by the Speaker, in each case for con- National Forest and the Santa Fe National who leave employment; to the Committee on sideration of such provisions as fall within Forest, NM, to the village of El Rito and the Ways and Means, and in addition to the Com- the jurisdiction of the committee concerned. town of Jemez Springs, NM; to the Commit- mittee on Education and the Workforce, for By Mr. NETHERCUTT (for himself, Mr. tee on Resources. a period to be subsequently determined by SMITH of Oregon, Ms. DUNN of Wash- By Mr. SANFORD: the Speaker, in each case for consideration ington, Mr. POMEROY, Mr. MATSUI, H.R. 435. A bill to provide for the establish- of such provisions as fall within the jurisdic- Mr. DOOLEY of California, Mr. ment of uniform accounting systems, ac- tion of the committee concerned. MCCRERY, Mr. HERGER, Mr. NUSSLE, counting standards, and accounting report- By Mr. STUPAK: Mr. STENHOLM, Mr. WELLER, Mr. ing systems in the Federal Government, and H.R. 445. A bill to provide that the firearms HASTINGS of Washington, Mr. ENG- for other purposes; to the Committee on prohibitions applicable by reason of a domes- LISH of Pennsylvania, Mr. COMBEST, Government Reform and Oversight. tic violence misdemeanor conviction do not Mr. BOEHNER, Mrs. EMERSON, Mr. H.R. 436. A bill to eliminate certain bene- apply to government entities; to the Com- LEWIS of Kentucky, Mr. RADANOVICH, fits for Members of Congress; to the Commit- mittee on the Judiciary. Mr. CRAPO, Mr. LAHOOD, Mr. tee on House Oversight, and in addition to By Mr. THOMAS (for himself, Mr. NEAL MCHUGH, Mr. SMITH of Michigan, Mr. the Committees on Government Reform and of Massachusetts, Mr. ENSIGN, Mr. POMBO, Mrs. CHENOWETH, Mr. Oversight, Rules, Transportation and Infra- BEREUTER, Mr. ENGLISH of Pennsylva- BALDACCI, Mr. MINGE, Mr. CHAMBLISS, structure, and National Security, for a pe- nia, Mr. GEJDENSON, Mr. MCINTOSH,

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Mr. LIVINGSTON, Mr. EHRLICH, Mr. JONES, Mr. KIM, Mr. KLUG, Mr. SMITH of Oregon, Mr. SMITH of Texas, HERGER, Mr. MCGOVERN, Mr. FROST, KNOLLENBERG, Mr. KOLBE, Mr. Mr. SNOWBARGER, Mr. SOLOMON, Mr. Mr. COOK, Mrs. EMERSON, Ms. DUNN of LAHOOD, Mr. LARGENT, Mr. LAZIO of SOUDER, Mr. STEARNS, Mr. STUMP, Washington, Mr. CRANE, Mr. GRAHAM, New York, Mr. LEACH, Mr. LEWIS of Mr. SUNUNU, Mr. TALENT, Mr. TAUZIN, Mr. GREEN, Mr. MCCRERY, Mr. California, Mr. LEWIS of Kentucky, Mr. THORNBERRY, Mr. THUNE, Mr. SAXTON, Mr. BARRETT of Nebraska, Mr. LINDER, Mr. LIPINSKI, Mr. TIAHRT, Mr. UPTON, Mr. WAMP, Mr. and Mr. BARTLETT of Maryland): LOBIONDO, Mr. LUTHER, Ms. MCCAR- WATKINS, Mr. WELLER, Mr. WHITE, H.R. 446. A bill to amend the Internal Rev- THY of Missouri, Mr. MCCOLLUM, Mr. Mr. WHITFIELD, and Mr. MINGE): enue Code of 1986 to encourage savings and MCCRERY, Mr. MCHALE, Mr. MCHUGH, H.J. Res. 2. Joint resolution proposing an investment through individual retirement Mr. MCINNIS, Mr. MCINTYRE, Mr. amendment to the Constitution of the Unit- accounts, and for other purposes; to the MEEHAN, Mr. MILLER of Florida, Mr. ed States with respect to the number of Committee on Ways and Means. MORAN of Kansas, Mr. MORAN of Vir- terms of office of Members of the Senate and By Mr. YOUNG of Alaska (for himself, ginia, Mr. NORWOOD, Mr. ORTIZ, Mr. the House of Representatives; to the Com- Mr. CUNNINGHAM, Mr. ROHRABACHER, PACKARD, Mr. PALLONE, Mr. PAPPAS, mittee on the Judiciary. Mr. HAYWORTH, Mr. SHAYS, and Mr. Mr. PETERSON of Minnesota, Mr. By Mr. INGLIS of South Carolina (for POSHARD): PORTMAN, Mr. QUINN, Mr. RAMSTAD, himself, Mr. SANFORD, Mr. DICKEY, H.R. 447. A bill to amend title 39, United Mr. RICHARDSON, Mr. RIGGS, Mrs. MR. RIGGS, and Mr. CHABOT): States Code, to require the U.S. Postal Serv- ROUKEMA, Mr. ROYCE, Mr. SALMON, H.J. Res. 3. Joint resolution proposing an ice to accept a change-of-address order from Mr. SANDLIN, Mr. SANFORD, Mr. amendment to the Constitution of the Unit- a commercial mail receiving agency and to SCARBOROUGH, Mr. BOB SCHAFFER, ed States limiting the period of time U.S. forward mail to the new address; to the Com- Mr. SHAW, Mr. SHAYS, Mr. SISISKY, Senators and Representatives may serve; to mittee on Government Reform and Over- Mr. SKELTON, Mr. SNOWBARGER, Mr. the Committee on the Judiciary. sight. SOLOMON, Mr. SPENCE, Mr. STEARNS, By Mr. BARR of Georgia: By Mr. BACHUS: Mr. STUMP, Mr. TALENT, Mrs. H.J. Res. 4. Joint resolution proposing an H.R. 448. A bill to amend title XVIII of the TAUSCHER, Mr. TAYLOR of Mississippi, amendment to the Constitution of the Unit- Social Security Act to provide for coverage Mr. THOMAS, Mr. THORNBERRY, Mr. ed States to provide that no person born in of early detection of prostate cancer and cer- TURNER, Mr. UPTON, Mr. WALSH, Mr. the United States will be a U.S. citizen on tain drug treatment services under part B of WAMP, Mr. WATTS of Oklahoma, Mr. account of birth in the United States unless the Medicare Program, to amend chapter 17 WELDON of Pennsylvania, Mr. WHITE, both parents are either U.S. citizens or of title 38, United States Code, to provide for Mr. WHITFIELD, Mr. WOLF, Mrs. aliens lawfully admitted for permanent resi- coverage of such early detection and treat- CUBIN, Mr. OXLEY, and Mr. BOSWELL): dence at the time of the birth; to the Com- ment services under the programs of the De- H.J. Res. 1. Joint resolution proposing an mittee on the Judiciary. partment of Veterans Affairs, and to expand amendment to the Constitution to provide By Mr. MCCOLLUM (for himself, Mr. research and education programs of the Na- for a balanced budget for the U.S. Govern- BILBRAY, MR. TALENT, AND MR. GRA- tional Institutes of Health and the Public ment and for greater accountability in the HAM): Health Service relating to prostate cancer; enactment of tax legislation; to the Commit- H.J. Res. 5. Joint resolution proposing an to the Committee on Commerce, and in addi- tee on the Judiciary. amendment to the Constitution of the Unit- tion to the Committees on Ways and Means, By Mr. MCCOLLUM (for himself, Mrs. ed States with respect to the terms of Sen- and Veterans’ Affairs, for a period to be sub- FOWLER, Mr. INGLIS of South Caro- ators and Representatives; to the Committee sequently determined by the Speaker, in lina, Mr. HILLEARY, Mr. GINGRICH, on the Judiciary. each case for consideration of such provi- Mr. ARMEY, Ms. DUNN of Washington, By Mr. COBLE: sions as fall within the jurisdiction of the Mr. COX of California, Mr. LINDER, H.J. Res. 6. Joint resolution proposing an committee concerned. Mr. HANSEN, Mr. GILLMOR, Mr. amendment to the Constitution of the Unit- The following is a complete listing of BACHUS, Mr. BALLENGER, Mr. BARCIA ed States limiting the terms of offices of of Michigan, Mr. BARR of Georgia, Members of Congress and increasing the all bills and resolutions introduced on Mr. BARRETT of Nebraska, Mr. BART- term of Representatives to 4 years; to the January 7 and 9, 1997. LETT of Maryland, Mr. BASS, Mr. BE- Committee on the Judiciary. By Mr. DAN SCHAEFER of Colorado REUTER, Mr. BILBRAY, Mr. BILIRAKIS, By Mr. ARCHER (for himself, Mr. (for himself, Mr. STENHOLM, Mr. Mr. BONILLA, Mr. BRYANT, Mr. BUNNING of Kentucky, Mr. HASTERT, SMITH of Oregon, Mr. ROEMER, Mr. BUNNING of Kentucky, Mr. BURR of Mr. COLLINS, Mr. KNOLLENBERG, Mr. CASTLE, Mr. KENNEDY of Massachu- North Carolina, Mr. BUYER, Mr. CAL- CRAPO, Mr. CHRISTENSEN, Mr. BLUNT, setts, Mr. BACHUS, Mr. TANNER, Mr. VERT, Mr. CAMP, Mr. CHAMBLISS, Mr. Mr. SMITH of New Jersey, Mr. CAMP, BAKER, Mr. MINGE, Mr. BALLENGER, COBLE, Mr. COBURN, Mr. COLLINS, Mr. and Mr. GRAHAM): Mr. SPRATT, Mr. BARTLETT of Mary- COOK, Mr. CRANE, Mr. CUNNINGHAM, H.J. Res. 7. Joint resolution proposing a land, Mr. POSHARD, Mr. BASS, Mr. Mr. DEAL of Georgia, Mr. DEUTSCH, balanced budget amendment to the Constitu- VISCLOSKY, Mr. BATEMAN, Mr. HOYER, Mr. DIAZ-BALART, Mr. DICKEY, Mr. tion of the United States; to the Committee Mr. ANDREWS, Mr. BAESLER, Mr. DOOLITTLE, Mr. EHLERS, Mrs. EMER- on the Judiciary. BARCIA of Michigan, Mr. BEREUTER, SON, Mr. ENGLISH of Pennsylvania, By Mr. DINGELL (for himself and Mr. Mr. BERRY, Mr. BILBRAY, Mr. BILI- Mr. ENSIGN, Mr. EVERETT, Mr. EWING, BARTON of Texas): RAKIS, Mr. BISHOP, Mr. BLILEY, Mr. Mr. FOLEY, Mr. FORBES, Mr. FOX of H.J. Res. 8. Joint resolution proposing an BLUNT, Mr. BONILLA, Mr. BOYD, Mr. Pennsylvania, Mr. GALLEGLY, Mr. amendment to the Constitution of the Unit- BROWN of Ohio, Mr. BUNNING of Ken- GANSKE, Mr. GEKAS, Mr. GOODLATTE, ed States with respect to the number of tucky, Mr. BURR of North Carolina, Mr. GOODLING, Mr. GOSS, Mr. GRA- terms of office of Members of the Senate and Mr. BURTON of Indiana, Mr. CAL- HAM, Mr. GREENWOOD, Mr. the House of Representatives; to the Com- mittee on the Judiciary. LAHAN, Mr. CALVERT, Mr. CAMPBELL, GUTKNECHT, Ms. HARMAN, Mr. HAST- By Mr. DINGELL: Mr. CANNON, Mr. CHAMBLISS, Mrs. INGS of Washington, Mr. HAYWORTH, H.J. Res. 9. Joint resolution proposing an CHENOWETH, Mr. CHRISTENSEN, Mr. Mr. HOBSON, Mr. HOEKSTRA, Mr. amendment to the Constitution of the Unit- CLEMENT, Mr. CLYBURN, Mr. COBLE, HORN, Mr. HOUGHTON, Mr. HULSHOF, ed States to permit the Congress to limit ex- Mr. COBURN, Mr. CONDIT, Mr. COOK, Mr. ISTOOK, Mr. SAM JOHNSON, Mr. penditures in elections for Federal office; to Mr. COSTELLO, Mr. CRAMER, Mr. KINGSTON, Mr. KLUG, Mr. the Committee on the Judiciary. CRANE, Mr. CRAPO, Mr. CUNNINGHAM, KNOLLENBERG, Mr. LAHOOD, Mr. By Mrs. EMERSON: Ms. DANNER, Mr. DAVIS of Virginia, LARGENT, Mr. LATHAM, Mr. H.J. Res. 10. Joint resolution proposing an Mr. DEAL of Georgia, Mr. DEFAZIO, LATOURETTE, Mr. LAZIO of New York, amendment to the Constitution of the Unit- Mr. DEUTSCH, Mr. DICKEY, Mr. Mr. LEACH, Mr. LEWIS of Kentucky, ed States authorizing the Congress and the DOOLEY of California, Mr. DOYLE, Mr. Mr. LOBIONDO, Mr. LUCAS of Okla- States to prohibit the act of desecration of DUNCAN, Mr. EDWARDS, Mr. ENGLISH homa, Mr. MCINNIS, Mr. MCINTOSH, the flag of the United States and to set of Pennsylvania, Mr. ENSIGN, Mr. Mr. MCKEON, Mr. MEEHAN, Mr. criminal penalties for that act; to the Com- EWING, Mr. FOLEY, Mr. FORBES, Mr. METCALF, Mr. MICA, Mr. MILLER of mittee on the Judiciary. FRELINGHUYSEN, Mr. FROST, Mr. Florida, Mr. NETHERCUTT, Mr. NEU- H.J. Res. 11. Joint resolution proposing an GALLEGLY, Mr. GANSKE, Mr. GILLMOR, MANN, Mr. NEY, Mr. NORWOOD, Mr. amendment to the Constitution to provide Mr. GOODE, Mr. GOODLATTE, Mr. GRA- PACKARD, Mr. PAXON, Mr. PEASE, Mr. for a balanced budget for the U.S. Govern- HAM, Mr. GREENWOOD, Mr. HALL of PITTS, Mr. POMBO, Ms. PRYCE of Ohio, ment and for greater accountability in the Texas, Mr. HANSEN, Ms. HARMAN, Mr. Mr. QUINN, Mr. RADANOVICH, Mr. enactment of tax legislation; to the Commit- HASTERT, Mr. HASTINGS of Washing- RAMSTAD, Mr. RIGGS, Mr. tee on the Judiciary. ton, Mr. HEFLEY, Mr. HEFNER, Mr. ROHRABACHER, Mr. SAXTON, Mr. DAN H.J. Res. 12. Joint resolution proposing an HERGER, Mr. HILL, Mr. HILLEARY, Mr. SCHAEFER of Colorado, Mr. SESSIONS, amendment to the Constitution of the Unit- HINOJOSA, Mr. HORN, Mr. INGLIS of Mr. SHADEGG, Mr. SHAW, Mr. ed States relating to voluntary school pray- South Carolina, Mr. ISTOOK, Mr. SHIMKUS, Mr. SMITH of Michigan, Mr. er; to the Committee on the Judiciary.

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H.J. Res. 13. Joint resolution proposing an LITTLE, Mr. YOUNG of Alaska, Mrs. terest paid on debt secured by a first or sec- amendment to the Constitution of the Unit- CHENOWETH, Mr. MCKEON, Mr. CAL- ond home should not be further restricted; to ed States with respect to the right to life; to VERT, Mr. KLUG, Mr. BAKER, and Mr. the Committee on Ways and Means. the Committee on the Judiciary. METCALF): By Mr. SERRANO: By Mr. ENGEL: H.J. Res. 26. Joint resolution proposing an H. Con. Res. 4. Concurrent resolution enti- H.J. Res. 14. Joint resolution proposing an amendment to the Constitution of the Unit- tled ‘‘English Plus Resolution’’; to the Com- amendment to the Constitution of the Unit- ed States to provide that no person born in mittee on Education and the Workforce. ed Stats to permit the Congress to limit con- the United States will be a U.S. citizen un- By Mr. SHAYS (for himself and Mr. tributions and expenditures in elections for less a parent is a U.S. citizen, is lawfully in MCHALE): Federal office; to the Committee on the Ju- the United States, or has a lawful immigra- H. Con. Res. 5. Concurrent resolution for diciary. tion status at the time of the birth; to the the approval of regulations of the Office of By Mr. FRANKS of New Jersey: Committee on the Judiciary. Compliance under the Congressional Ac- H.J. Res. 15. Joint resolution proposing an By Mr. GRAHAM (for himself, Mrs. countability Act of 1995 relating to the appli- cation of chapter 71 of title 5, United States amendment to the Constitution of the Unit- FOWLER, and Mr. MCCOLLUM): ed States barring Federal unfunded man- H.J. Res. 27. Joint resolution proposing an Code; to the Committee on House Oversight, dates to the States; to the Committee on the amendment to the Constitution of the Unit- and in addition to the Committee on Edu- Judiciary. ed States to provide for 4-year terms for Rep- cation and the Workforce, for a period to be By Mr. GOSS: resentatives, to provide that Representatives subsequently determined by the Speaker, in H.J. Res. 16. Joint resolution proposing an shall be elected in the same year as the each case for consideration of such provi- sions as fall within the jurisdiction of the amendment to the Constitution of the Unit- President, and to limit the number of terms committee concerned. ed States to provide for 4-year terms for Rep- Senators and Representatives may serve; to resentatives and to limit the number of con- the Committee on the Judiciary. [Submitted January 9, 1997] secutive terms Senators and Representatives By Mr. LAHOOD (for himself and Mr. By Mr. BILIRAKIS (for himself, Mr. may serve; to the Committee on the Judici- WISE): PORTER, Mrs. MALONEY of New York, ary. H.J. Res. 28. Joint resolution proposing an Mr. PAPPAS, Mr. KLINK, Mr. GEKAS, By Ms. KAPTUR (for herself, Mr. amendment to the Constitution of the Unit- and Mr. ENGEL): MORAN of Virginia, Mr. MINGE, Mr. ed States to abolish the electoral college and H. Con. Res. 6. Concurrent resolution con- ENGLISH of Pennsylvania, Mr. to provide for the direct popular election of cerning the protection and continued liveli- BARRETT of Washington, Mr. STUPAK, the President and Vice President of the Unit- hood of Eastern Orthodox Ecumenical Patri- Mr. POSHARD, Mr. MARKEY, and Mr. ed States; to the Committee on the Judici- archate; to the Committee on International POMEROY): ary. Relations. H.J. Res. 17. Joint resolution proposing an By Mrs. MYRICK: By Mr. PICKETT: amendment to the Constitution of the Unit- H.J. Res. 29. Joint resolution proposing an H. Con. Res. 7. Concurrent resolution ex- ed States relative to contributions and ex- amendment to the Constitution of the Unit- pressing the sense of the Congress that the penditures intended to affect elections for ed States regarding the liability of Members President should seek to negotiate a new Federal and State office; to the Committee of Congress for false statements made in car- base rights agreement with the Government on the Judiciary. rying out their official duties; to the Com- of Panama to permit the United States Armed Forces to remain in Panama beyond By Mr. ROYCE: mittee on the Judiciary. December 31, 1999, and to permit the United H.J. Res. 18. Joint resolution entitled the By Mr. PICKETT: States to act independently to continue to ‘‘Citizen’s Tax Protection Amendment’’, pro- H.J. Res. 30. Joint resolution proposing an protect the Panama Canal; to the Committee posing an amendment to the Constitution of amendment to the Constitution of the Unit- on International Relations. the United States to prohibit retroactive ed States to restrict annual deficits by limit- By Mr. SAXTON (for himself and Mr. taxation; to the Committee on the Judiciary. ing the public debt of the United States and By Mr. SERRANO: ABERCROMBIE): requiring a favorable vote of the people on H. Con. Res. 8. Concurrent resolution ex- H.J. Res. 19. Joint resolution proposing an any law to exceed such limits; to the Com- amendment to the Constitution of the Unit- pressing the sense of Congress with respect mittee on the Judiciary. to the significance of maintaining the health ed States to repeal the 22d article of amend- By Mr. SANFORD: ment, thereby removing the limitation on and stability of coral reef ecosystems; to the H.J. Res. 31. Joint resolution proposing an Committee on Resources. the number of terms an individual may serve amendment to the Constitution of the Unit- as President; to the Committee on the Judi- ed States to allow the States to limit the pe- The following is a complete listing of ciary. riod of time U.S. Senators and Representa- all bills and resolutions introduced on By Mr. SOLOMON: tives may serve; to the Committee on the January 7 and 9, 1997. H.J. Res. 20. Joint resolution proposing an Judiciary. PUBLIC BILLS AND RESOLUTIONS amendment to the Constitution of the Unit- ed States regarding school prayer; to the The following is a complete listing of Under clause 5 of rule X and clause 4 Committee on the Judiciary. all bills and resolutions introduced on of rule XXII, bills and resolutions of H.J. Res. 21. Joint resolution proposing an January 7 and 9, 1997. the following titles were introduced amendment to the Constitution of the Unit- By Mr. COBLE: and severally referred, as follows: ed States with respect to the proposal and H. Con. Res. 1. Concurrent resolution ex- By Mr. BOEHNER: the enactment of laws by popular vote of the pressing the sense of the Congress that re- H. Res. 1. Resolution electing officers of people of the United States; to the Commit- tirement benefits for Members of Congress the House of Representatives; considered and tee on the Judiciary. should not be subject to cost-of-living ad- agreed to. H.J. Res. 22. Joint resolution proposing an justments; to the Committee on Government By Mr. ARMEY: amendment to the Constitution of the Unit- Reform and Oversight, and in addition to the H. Res. 2. Resolution electing officers of ed States limiting the number of consecutive Committee on House Oversight, for a period the House of Representatives; considered and terms for Members of the House of Rep- to be subsequently determined by the Speak- agreed to. resentatives and the Senate; to the Commit- er, in each case for consideration of such pro- H. Res. 3. Resolution authorizing the tee on the Judiciary. visions as fall within the jurisdiction of the Speaker to appoint a committee to notify By Mr. STUMP: committee concerned. the President of the assembly of the Con- H.J. Res. 23. Joint resolution proposing an By Ms. JACKSON-LEE (for herself, Mr. gress; considered and agreed to. H. Res. 4. Resolution authorizing the Clerk amendment to the Constitution of the Unit- WYNN, Mrs. MEEK of Florida, Mr. to inform the President of the election of the ed States to provide for 4-year terms for Rep- SCHUMER, Mr. CLAY, Mr. ENGEL, Mr. Speaker and the Clerk; considered and resentatives and to provide that no person ACKERMAN, Mr. UNDERWOOD, Mr. CON- may serve as a Representative for more than agreed to. YERS, Ms. DELAURO, Mr. LEWIS of H. Res. 5. Resolution adopting the Rules of 12 years; to the Committee on the Judiciary. Georgia, Mrs. LOWEY, Ms. EDDIE BER- H.J. Res. 24. Joint resolution proposing a the House for the 105th Congress; considered NICE JOHNSON of Texas, and Mr. balanced budget amendment to the Constitu- and agreed to. OWENS): By Mr. GEPHARDT: tion of the United States; to the Committee H. Con. Res. 2. Concurrent resolution ex- on the Judiciary. H. Res. 6. Resolution providing for the des- pressing the sense of the Congress with re- ignation of certain minority employees; con- [Submitted January 9, 1997] spect to the threat to the security of Amer- sidered and agreed to. By Mr. LIVINGSTON: ican citizens and the United States Govern- By Mr. BOEHNER: H.J. Res. 25. Joint resolution making tech- ment posed by armed militia and other para- H. Res. 7. Resolution establishing the Cor- nical corrections to the Omnibus Consoli- military groups and organizations; to the rections Day Calendar Office; considered and dated Appropriations Act, 1997 (Public Law Committee on the Judiciary. agreed to. 104–208), and for other purposes; considered By Mrs. ROUKEMA: By Mr. SOLOMON: and agreed to. H. Con. Res. 3. Concurrent resolution ex- H. Res. 8. Resolution providing for the at- By Mr. FOLEY (for himself, Mr. pressing the sense of the Congress that the tendance of the House at the inaugural cere- ROHRABACHER, Mr. ROYCE, Mr. DOO- current Federal income tax deduction for in- monies of the President and Vice President

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 H156 CONGRESSIONAL RECORD — HOUSE January 9, 1997 of the United States; considered and agreed By Mr. STEARNS: By Mr. DICKEY: to. H. Res. 21. Resolution expressing the sense H.R. 376. A bill to require approval of an H. Res. 9. Resolution fixing the daily hour of the House of Representatives with respect application for compensation for the death of meeting for the 105th Congress; considered to withholding U.S. financial support from of Wallace B. Sawyer, Jr.; to the Committee and agreed to. the United Nations unless that organization on the Judiciary. By Mr. GEPHARDT: adopts certain reforms; to the Committee on By Mr. ENGEL: H. Res. 10. Resolution authorizing the International Relations. H.R. 377. A bill for the relief of Inna Hecker Speaker’s designee to administer the oath of By Mr. STEARNS (for himself and Mr. Grade; to the Committee on the Judiciary. office to Representative-Elect FRANK PALLONE): By Mr. HUNTER: TEJEDA; considered and agreed to. H. Res. 22. Resolution congratulating the H.R. 378. A bill for the relief of Heraclio H. Res. 11. Resolution authorizing the people of on the occasion of the 50th Tolley; to the Committee on the Judiciary. Speaker’s designee to administer the oath of anniversary of their nation’s independence; By Mr. LINDER: office to Representative-Elect JULIA CARSON; to the Committee on International Rela- H.R. 379. A bill for the relief of Larry Errol considered and agreed to. tions. Pieterse; to the Committee on the Judiciary. By Mr. BOEHNER: By Mr. STEARNS (for himself and Mr. By Mr. STUPAK: H. Res. 12. Resolution designating majority SMITH of Michigan): H.R. 380. A bill for the relief of Robert and membership on certain standing committees H. Res. 23. Resolution repealing rule XLIX Verda Shatusky; to the Committee on the of the House; considered and agreed to. of the Rules of the House of Representatives Judiciary. By Mr. FAZIO of California: relating to the statutory limit on the public By Mr. TOWNS: H. Res. 13. Resolution designating majority debt; to the Committee on Rules. H.R. 381. A bill to renew patent numbered membership on certain standing committees By Mr. STUPAK: 3,387,268, relating to a quotation monitoring of the House; considered and agreed to. H. Res. 24. Resolution amending the Rules unit, for a period of 10 years; to the Commit- H. Res. 14. Resolution electing Representa- of the House of Representatives to reduce tee on the Judiciary. tives Sanders of Vermont to the Committees the number of programs covered by each reg- f on Banking and Financial Services and Gov- ular appropriation bill; to the Committee on ernment Reform and Oversight; considered Rules. ADDITIONAL SPONSORS and agreed to. [Submitted January 9, 1997] By Mr. HOYER (for himself, Mr. Under clause 4 of rule XXII, sponsors By Mr. ARMEY: CARDIN, Mr. MASCARA, Mr. CUMMINGS, were added to public bills and resolu- H. Res. 25. Resolution designating member- Mr. MORAN of Virginia, and Mr. MAR- tions as follows: ship on certain standing committees of the KEY): House; considered and agreed to. H.R. 4: Mr. YOUNG of Alaska, Mr. RAHALL, H. Res. 15. Resolution concerning the im- Mr. PETRI, Mr. BORSKI, Mr. BOEHLERT, Mr. plementation of the General Framework By Mr. ANDREWS: H. Res. 26. Resolution requiring the House LIPINSKI, Mr. BATEMAN, Mr. WISE, Mr. COBLE, Agreement for Peace in Bosnia and of Representatives to take any legislative Mr. TRAFICANT, Mr. DUNCAN, Mr. DEFAZIO, Herzegovina, urging continued and increased action necessary to verify the ratification of Ms. MOLINARI, Mr. CLEMENT, Mr. EWING, Mr. support for the efforts of the International the equal rights amendment as a part of the COSTELLO, Mr. GILCHREST, Mr. POSHARD, Mr. Criminal Tribunal for the former Yugoslavia Constitution, when the legislatures of an ad- KIM, Mr. CRAMER, Mr. HORN, Ms. NORTON, Mr. to bring to justice the perpetrators of gross ditional three States ratify the equal rights FRANKS of New Jersey, Mr. NADLER, Mr. violations of international law in the former amendment; to the Committee on the Judici- MICA, MS. DANNER, Mr. QUINN, Mr. Yugoslavia, and urging support for demo- ary. MENENDEZ, Mrs. FOWLER, Mr. CLYBURN, Mr. cratic forces in all of the countries emerging By Mr. CAMPBELL (for himself, Mr. EHLERS, Ms. BROWN of Florida, Mr. BACHUS, from the former Yugoslavia; to the Commit- UNDERWOOD, Mr. FILNER, and Ms. Mr. BARCIA of Michigan, Mr. LATOURETTE, tee on International Relations, and in addi- LOFGREN): Mr. FILNER, Mrs. KELLY, Ms. EDDIE BERNICE tion to the Committee on Banking and Fi- H. Res. 27. Resolution amending the Rules JOHNSON of Texas, Mr. LAHOOD, Mr. MAS- nancial Services, for a period to be subse- of the House of Representatives to allow CARA, Mr. BAKER, Mr. TAYLOR of Mississippi, quently determined by the Speaker, in each each Member to designate one bill intro- Mr. RIGGS, Ms. MILLENDER-MCDONALD, Mr. case for consideration of such provisions as duced by such Member to be the subject of a BASS, Mr. CUMMINGS, Mr. NEY, Mr. SANDLIN, fall within the jurisdiction of the committee committee vote; to the Committee on Rules. Mr. METCALF, Mrs. TAUSCHER, Mrs. EMERSON, concerned. By Mr. KING of New York: Mr. PASCRELL, Mr. PEASE, Mr. JOHNSON of By Mr. KING of New York: H. Res. 28. Resolution expressing the sense H. Res. 16. Resolution to establish a Select Wisconsin, Mr. BLUNT, Mr. BOSWELL, Mr. of the House of Representatives that pro- Committee on POW and MIA Affairs; to the PITTS, Mr. MCGOVERN, Mr. HUTCHINSON, Mr. grams based upon the premise that Committee on Rules. COOKSEY, Mr. THUNE, Mr. PICKERING, Ms. ‘‘Ebonics’’ is a legitimate language should By Mr. KLINK (for himself, Mr. BILI- GRANGER, Mr. MCHUGH, Mr. WELLER, Mr. not receive Federal funds; to the Committee EVANS, Mr. NORWOOD, Mr. GILMAN, Mr. BART- RAKIS, and Mr. COYNE): on Education and the Workforce. H. Res. 17. Resolution calling upon, and re- LETT of Maryland, Mr. BONO, Mr. CALVERT, By Mr. RICHARDSON (for himself and questing that the President call upon, all Mr. SCHIFF, Mr. HASTERT, Mr. MCKEON, Mr. Mr. MILLER of California): Americans to recognize and appreciate the KILDEE, Mr. LEWIS of Kentucky, Mr. WATTS H. Res. 29. Resolution expressing the inten- historical significance and the heroic human of Oklahoma, Mr. BEREUTER, Mr. ENSIGN, Mr. tions of the House of Representatives con- endeavor and sacrifice of the people of Crete GRAHAM, Mr. DIAZ-BALART, Mr. GEKAS, Mr. cerning the universal service provisions of during World War II, and commending the CONYERS, Mr. UPTON, Mr. DOYLE, Mr. KLINK, the Telecommunications Act of 1996 as they PanCretan Association of America; to the Mr. FROST, Mr. JACKSON, Mr. HOLDEN, Mr. relate to telecommunications services to na- Committee on International Relations. GORDON, Mr. CHAMBLISS, Mr. LOBIONDO, Mr. tive Americans, including Alaskan Natives; By Mr. ROYCE: HEFLEY, Mr. FOX of Pennsylvania, Mr. to the Committee on Commerce. H. Res. 18. Resolution amending the Rules STUPAK, Mr. GEJDENSON, Ms. WOOLSEY, Mr. By Mr. SMITH of Michigan (for him- of the House of Representatives to require TALENT, Mr. WHITFIELD, Mr. LATHAM, Mr. self, Mr. HOEKSTRA, Mr. SHAYS, Mr. the reduction of section 602(b)(1) suballoca- DEAL of Georgia, Ms. DUNN of Washington, HERGER, Mr. BARTLETT of Maryland, tions to reflect floor amendments to general Mr. BALLENGER, Mr. ENGLISH of Pennsylva- Mr. HAYWORTH, Mr. SAXTON, Mr. appropriation bills, and for other purposes; nia, Mr. GOODLING, Mr. GREENWOOD, Mr. DAN STEARNS, and Mr. METCALF): to the Committee on Rules. SCHAEFER of Colorado, Mr. TAUZIN, Mr. DICK- H. Res. 30. Resolution repealing rule XLIX By Mr. SHAYS (for himself and Mr. EY, Mr. WELDON of Pennsylvania, Mr. PETER- of the Rules of the House of Representatives MCHALE): SON of Pennsylvania, Mr. BUYER, Mr. BRY- relating to the statutory limit on the public H. Res. 19. Resolution for the approval of ANT, Mr. COYNE, Mr. PETERSON of Minnesota, debt; to the Committee on Rules. regulations of the Office of Compliance Mr. HAMILTON, Mr. HOSTETTLER, Mr. KLECZ- under the Congressional Accountability Act f KA, Mr. GILLMOR, Mr. PAYNE, and Mr. PICK- of 1995 relating to the application of chapter PRIVATE BILLS AND ETT. 71 of title 5, United States Code; to the Com- H.R. 7: Mr. BONO, Mr. SAM JOHNSON, Mr. RESOLUTIONS mittee on House Oversight, and in addition DAN SCHAEFER of Colorado, and Mr. HAST- to the Committee on Education and the Under clause 1 of rule XXII, private INGS of Washington. Workforce, for a period to be subsequently bills and resolutions were introduced H.R. 14: Mr. KASICH, Mr. TAUZIN, Mr. determined by the Speaker, in each case for and severally referred as follows: CHAMBLISS, Mr. RADANOVICH, Mr. EHLERS, Mr. SALMON, Mr. BILBRAY, Mr. UPTON, Mr. consideration of such provisions as fall with- The following is a complete listing of in the jurisdiction of the committee con- FRANKS of New Jersey, Mr. LOBIONDO, Mr. cerned. all bills and resolutions introduced on KOLBE, Mr. KNOLLENBERG, Mr. BONILLA, Mr. By Mr. SOLOMON: January 7 and 9, 1997. CALLAHAN, Mr. FORBES, Mr. GILCHREST, Mr. H. Res. 20. Resolution to authorize and di- By Mr. BILIRAKIS: SMITH of Oregon, Mr. SMITH of Texas, Mr. rect the Committee on Appropriations to H.R. 375. A bill for the relief of Margarito HORN, Mr. KIM, and Mr. SOLOMON. create a new Subcommittee on Veterans’ Af- Domantay; to the Committee on the Judici- H.R. 41: Mr. DEAL of Georgia, Mr. fairs; to the Committee on Rules. ary. HAYWORTH, Mr. HILLEARY, Ms. MOLINARI, Mr.

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ENGLISH of Pennsylvania, Mr. WATTS of H.R. 248: Mr. GRAHAM and Mr. ENGLISH of JACKSON-LEE, Ms. PELOSI, Mr. DELLUMS, Mr. Oklahoma, Mr. PORTMAN, Mr. PARKER, Mr. Pennsylvania. MENENDEZ, Mr. GREEN, Mr. MARTINEZ, Mr. NETHERCUTT, Mr. SOLOMON, Mrs. CHENOWETH, H.R. 249: Mr. KNOLLENBERG and Mr. GRA- FARR of California, and Mr. ENGEL. Mr. NEY, Mr. SAXTON, Mr. STUMP, Mr. BART- HAM. LETT of Maryland, and Mr. BARR of Georgia. H.R. 250: Mr. STEARNS. f H.R. 54: Mr. GALLEGLY and Mr. BONO. H.R. 259: Mr. MILLER of California. H.R. 86: Mr. CONDIT, Mr. MINGE, Mr. H.R. 305: Ms. LOFGREN, Mr. LUTHER, Mr. CANADY of Florida, Mr. EVERETT, Mr. SENSENBRENNER, Mr. SAXTON, and Mr. KLUG. PETITIONS, ETC. GOODLATTE, Mr. PICKERING, Mr. COOKSEY, H.R. 306: Mr. FROST, Mrs. MINK of Hawaii, Under clause 1 of rule XXII, petitions Mrs. EMERSON, Mr. JENKINS, Mrs. and Mr. FALEOMAVAEGA. and papers were laid on the Clerk’s H.R. 337: Mr. MCDERMOTT, Mr. KENNEDY of CHENOWETH, Mr. METCALF, Mr. COBURN, and desk and referred as follows: Mr. BEREUTER. Rhode Island, Mr. FROST, Mr. GONZALEZ, Mr. H.R. 127: Mr. GREENWOOD, Mr. SCHIFF, Mr. GREEN, and Mr. RANGEL. 3. By the SPEAKER: Petition of the city GRAHAM, Mr. SAWYER, Mr. FROST, Mr. RA- H.R. 366: Ms. ROYBAL-ALLARD. council of the city of Carson, CA, relative to HALL, Mr. BALDACCI, Mr. KENNEDY of Rhode H.J. Res. 1: Ms. KAPTUR, Mr. GORDON, Mr. urging the U.S. Attorney General to imme- Island, Ms. ROYBAL-ALLARD, Mr. HEFNER, Ms. SCHIFF, Mr. BRYANT, Mr. FAWELL, Mr. JOHN, diately conduct a thorough and independent RIVERS, Mr. VENTO, Mr. MEEHAN, and Ms. Mr. SENSENBRENNER, Mr. LATHAM, and Mr. investigation into allegations connecting the HARMAN. MCINTOSH. Central Intelligence Agency with covert ille- H.R. 135: Mr. BOUCHER, Mr. DELLUMS, Mr. H. Con. Res. 4: Mr. MCHALE, Mr. GONZALEZ, gal drug sales in the African-American com- GUTIERREZ, Mr. LEWIS of California, Ms. ROY- Mr. UNDERWOOD, Mr. OWENS, Mr. FROST, Mr. munity; to the Committee on the Judiciary. BAL-ALLARD, Mr. SERRANO, Mr. MCHUGH, and FALEOMAVAEGA, Mrs. MINK of Hawaii, Mr. 4. Also, petition of the Derry City Council, Mr. SCOTT. LAFALCE, Ms. SLAUGHTER, Mr. STARK, Mr. Northern Ireland, relative to the deportation H.R. 198: Mr. BONO and Mr. NETHERCUTT. LEWIS of Georgia, Mr. BECERRA, Mr. TORRES, of Mr. Matt Morrison from the United H.R. 213: Mr. MARTINEZ and Mr. GRAHAM. Mrs. MEEK of Florida, Mr. GUTIERREZ, Ms. States; to the Committee on the Judiciary.

VerDate 10-JAN-97 09:16 Jan 14, 1997 Jkt 010199 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\H09JA7.REC h09ja7 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, THURSDAY, JANUARY 9, 1997 No. 2 Senate (Legislative day of Tuesday, January 7, 1997)

The Senate met at 12:31 p.m., on the ity party committee seat assignments membership of the Senate, and I am expiration of the recess, and was called for the 105th Congress. I want to again very pleased with the way our negotia- to order by the President pro tempore thank publicly, for the cooperation tions turned out. [Mr. THURMOND]. that we have received on this matter, Mr. LOTT. I thank the Senator from both my colleagues within the con- South Dakota. PRAYER ference and also Senator DASCHLE and f The Chaplain, Dr. Lloyd John his colleagues. I think it is not the AMENDING PARAGRAPHS 2 AND 3 Ogilvie, offered the following prayer: usual situation that we can file these OF RULE XXV Sovereign God, we thank You that we committee assignments this early in have the privilege of living in this land the session. I think it is going to help Mr. LOTT. Mr. President, I send a of freedom where we the people have us facilitate our work early. resolution to the desk relating to the power to elect the President and Following the adoption of these reso- changes in certain committee ratios Vice President of our Nation. This lutions, the Senate will be proceeding for the 105th Congress, and I ask unani- afternoon as we go to meet in the to the House of Representatives in mous consent that the resolution be re- Chamber of the House of Representa- order to attend a joint session of Con- ported by number, the resolution be tives to count the electoral college gress for the counting of the electoral adopted, and the motion to reconsider votes, give us a renewed sense of patri- college votes. be laid on the table. The PRESIDENT pro tempore. The otism for our Nation and the Constitu- Immediately following the conclu- sion of that joint session, the Senate clerk will report. tion. We ask Your blessing of wisdom The legislative clerk read as follows: and strength on President Clinton and will adjourn over until Tuesday, Janu- ary 21. On January 21, the Senate will A resolution (S. Res. 9) amending para- Vice President GORE as they are con- graphs 2 and 3 of Rule XXV. firmed in this historic meeting accord- stand in recess between the hours of The PRESIDENT pro tempore. With- ing to the 12th amendment. God, con- 12:30 and 2:15 in order to allow for the weekly party conferences to meet. At out objection, it is so ordered. tinue to bless America. Amen. The resolution (S. Res. 9) was agreed f 2:15, Tuesday, January 21, Senators may begin to introduce legislation for to as follows: RECOGNITION OF THE ACTING the 105th Congress. However, no votes S. RES. 9 MAJORITY LEADER are expected to occur during the ses- Resolved, That paragraphs 2 and 3 of Rule XXV of the Standing Rules of the Senate is The PRESIDENT pro tempore. The sion of the Senate on Tuesday, January amended for the 105th Congress as follows: acting majority leader is recognized. 21, 1997. Strike ‘‘21’’ after ‘‘Armed Services’’ and in- Mr. BURNS. Mr. President, until the Mr. President, did the Democratic sert in lieu thereof ‘‘18’’. leader takes the floor of the U.S. Sen- leader have a comment he wanted to Strike ‘‘16’’ after ‘‘Banking, Housing and ate, I suggest the absence of a quorum. make at this point on the committee Urban Affairs’’ and insert in lieu thereof The PRESIDENT pro tempore. The assignments, or should we proceed with ‘‘18’’. Strike ‘‘19’’ after ‘‘Commerce, Science, and clerk will call the roll. the resolutions? Transportation’’ and insert in lieu thereof The assistant legislative clerk pro- Mr. DASCHLE addressed the Chair. ‘‘20’’. ceeded to call the roll. The PRESIDENT pro tempore. The Strike ‘‘16’’ after ‘‘Environment and Public Mr. LOTT. Mr. President, I ask unan- Democratic leader is recognized. Works’’ and insert in lieu thereof ‘‘18’’. imous consent that the order for the Mr. DASCHLE. I thank the Chair. Strike ‘‘19’’ after ‘‘Finance’’ and insert in quorum call be rescinded. Mr. President, let me also thank all lieu thereof ‘‘20’’. of our colleagues. I want to thank our Strike ‘‘15’’ after ‘‘Governmental Affairs’’ The PRESIDENT pro tempore. With- in insert in lieu thereof ‘‘16’’. out objection, it is so ordered. colleagues for their cooperation and Strike ‘‘16’’ after ‘‘Labor and Human Re- f the great participation we have had in sources’’ and insert in lieu thereof ‘‘18’’. getting us to this point as quickly as Strike ‘‘19’’ after ‘‘Small Business’’ and in- SCHEDULE we have. I thank, as well, the majority sert in lieu thereof ‘‘18’’. Mr. LOTT. Mr. President, for the in- leader for his cooperation on the work Strike ‘‘19’’ after ‘‘Aging’’ and insert in formation of my colleagues, in just a we have been able to achieve in getting lieu thereof ‘‘18’’. Strike ‘‘17’’ after ‘‘Intelligence’’ and insert few minutes the Democratic leader and to this point. I think these committees in lieu thereof ‘‘19’’. I will be sending to the desk resolu- represent a very fair and accurate pres- Strike ‘‘16’’ after ‘‘Indian Affairs’’ and in- tions which make majority and minor- entation of ratios as it relates to the sert in lieu thereof ‘‘14’’.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 22:01 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\1997SENATE\S09JA7.REC S09JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S110 CONGRESSIONAL RECORD — SENATE January 9, 1997 SENATE RESOLUTION 10—TO MAKE Committee on Labor and Human Re- Feinstein, Mr. Feingold, Mr. Durbin, and Mr. MAJORITY PARTY APPOINT- sources: Mr. Jeffords (Chair), Mr. Coats, Mr. Torricelli. MENTS TO CERTAIN SENATE Gregg, Mr. Frist, Mr. DeWine, Mr. Enzi, Mr. Committee on Labor and Human Re- sources: Mr. Kennedy, Mr. Dodd, Mr. Harkin, COMMITTEES FOR THE 105TH Hutchinson of Arkansas, Ms. Collins, Mr. Warner, and Mr. McConnell. Ms. Mikulski, Mr. Bingaman, Mr. Wellstone, CONGRESS f Mrs. Murray, and Mr. Reed of Rhode Island. Mr. LOTT. Mr. President, I send a f resolution to the desk making major- UNANIMOUS-CONSENT AGREEMENT SENATE RESOLUTION 12—TO MAKE ity party committee assignments for Mr. DASCHLE. Mr. President, I send MINORITY PARTY APPOINT- the 105th Congress and ask that the two resolutions to the desk and ask MENTS TO SENATE COMMITTEES resolution be reported by number, the unanimous consent that they be con- FOR THE 105TH CONGRESS resolution be adopted, and the motion sidered en bloc, agreed to en bloc, the to reconsider be laid upon the table. motions to reconsider be laid upon the The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The table, and their adoption appear sepa- clerk will state the second resolution clerk will report. rately in the RECORD. by title. The legislative clerk read as follows: The legislative clerk read as follows: f A resolution (S. Res. 10) making majority A resolution (S. Res. 12) making minority party appointments to certain Senate com- SENATE RESOLUTION 11—TO MAKE party appointments to Senate committees in mittees for the 105th Congress. MINORITY PARTY APPOINT- paragraph 3(a), (b), and (c) of rule XXV. The PRESIDENT pro tempore. With- MENTS TO SENATE COMMITTEES The resolution (S. Res. 12) was con- out objection, it is so ordered. FOR THE 105TH CONGRESS sidered and agreed to as follows: The resolution (S. Res. 10) was agreed The PRESIDENT pro tempore. The S. RES. 12 to, as follows: clerk will state the first resolution by Resolved, That notwithstanding the provi- S. RES. 10 title. sions of S. Res. 400 of the 95th Congress, or Resolved, That notwithstanding the provi- The legislative clerk read as follows: the provisions of Rule XXV, the following shall constitute the minority party’s mem- sions of Rule XXV, the following shall con- A resolution (S. Res. 11) making minority stitute the majority party’s membership on bership on the committees named in para- party appointments to Senate committees graph 3(a), (b), and (c) of Rule XXV for the the following standing committees for the for the 105th Congress. 105th Congress, or until their successors are 105th Congress, or until their successors are chosen: The resolution (S. Res. 11) was con- appointed: Committee on Agriculture, Nutrition, and sidered and agreed to as follows: Committee on the Budget: Mr. Lautenberg, Mr. Hollings, Mr. Conrad, Mr. Sarbanes, Mrs. Forestry: Mr. Lugar (Chair), Mr. Helms, Mr. S. RES. 11 Boxer, Mrs. Murray, Mr. Wyden, Mr. Fein- Cochran, Mr. McConnell, Mr. Coverdell, Mr. Resolved, That notwithstanding the provi- Santorum, Mr. Roberts, Mr. Grassley, Mr. gold, Mr. Johnson, and Mr. Durbin. sions of Rule XXV, the following shall con- Committee on Rules and Administration: Gramm of Texas, and Mr. Craig. stitute the minority party’s membership on Committee on Appropriations: Mr. Stevens Mr. Ford, Mr. Byrd, Mr. Inouye, Mr. Moy- the standing committees for the 105th Con- nihan, Mr. Dodd, Mrs. Feinstein, and Mr. (Chair), Mr. Cochran, Mr. Specter, Mr. gress, or until their successors are chosen: Domenici, Mr. Bond, Mr. Gorton, Mr. McCon- Torricelli. Committee on Agriculture, Nutrition, and Committee on Small Business: Mr. Kerry nell, Mr. Burns, Mr. Shelby, Mr. Gregg, Mr. Forestry: Mr. Harkin, Mr. Leahy, Mr. Con- Bennett, Mr. Campbell, Mr. Craig, Mr. Fair- of Massachusetts, Mr. Bumpers, Mr. Levin, rad, Mr. Daschle, Mr. Baucus, Mr. Kerrey of Mr. Harkin, Mr. Lieberman, Mr. Wellstone, cloth, and Mrs. Hutchison of Texas. Nebraska, Ms. Landrieu, and Mr. Johnson. Committee on Armed Services: Mr. Thur- Mr. Cleland, and Ms. Landrieu. Committee on Appropriations: Mr. Byrd, mond (Chair), Mr. Warner, Mr. McCain, Mr. Committee on Veterans’ Affairs: Mr. Mr. Inouye, Mr. Hollings, Mr. Leahy, Mr. Coats, Mr. Smith of New Hampshire, Mr. Rockefeller, Mr. Graham of Florida, Mr. Bumpers, Mr. Lautenberg, Mr. Harkin, Ms. Kempthorne, Mr. Inhofe, Mr. Santorum, Ms. Akaka, Mr. Wellstone, and Mrs. Murray. Mikulski, Mr. Reid of Nevada, Mr. Kohl, Mrs. Snowe, and Mr. Roberts. Select Committee on Indian Affairs: Mr. Murray, Mr. Dorgan, and Mrs. Boxer. Committee on Banking, Housing, and Inouye, Mr. Conrad, Mr. Reid of Nevada, Mr. Committee on Armed Services: Mr. Levin, Urban Affairs: Mr. D’Amato (Chair), Mr. Akaka, Mr. Wellstone, and Mr. Dorgan. Mr. Kennedy, Mr. Bingaman, Mr. Glenn, Mr. Gramm of Texas, Mr. Shelby, Mr. Mack, Mr. Special Committee on Aging: Mr. Breaux, Byrd, Mr. Robb, Mr. Lieberman, and Mr. Faircloth, Mr. Bennett, Mr. Grams, Mr. Mr. Glenn, Mr. Reid of Nevada, Mr. Kohl, Mr. Cleland. Allard, Mr. Enzi, and Mr. Hagel. Feingold, Ms. Moseley-Braun, Mr. Wyden, Committee on Commerce, Science, and Committee on Banking, Housing, and and Mr. Reed of Rhode Island. Transportation: Mr. McCain (Chair), Mr. Ste- Urban Affairs: Mr. Sarbanes, Mr. Dodd, Mr. Committee on Intelligence: Mr. Kerrey of vens, Mr. Burns, Mr. Gorton, Mr. Lott, Mrs. Kerry of Massachusetts, Mr. Bryan, Mrs. Nebraska, Mr. Glenn, Mr. Bryan, Mr. Gra- Hutchison of Texas, Ms. Snowe, Mr. Boxer, Ms. Moseley-Braun, Mr. Johnson, and ham of Florida, Mr. Kerry of Massachusetts, Ashcroft, Mr. Frist, Mr. Abraham, and Mr. Mr. Reed of Rhode Island. Mr. Baucus, Mr. Robb, Mr. Lautenberg, and Brownback. Committee on Commerce, Science, and Mr. Levin. Committee on Energy and Natural Re- Transportation: Mr. Hollings, Mr. Inouye, Joint Economic Committee: Mr. Binga- sources: Mr. Murkowski (Chair), Mr. Domen- Mr. Ford, Mr. Rockefeller, Mr. Kerry of Mas- man, Mr. Sarbanes, Mr. Kennedy, and Mr. ici, Mr. Nickles, Mr. Craig, Mr. Campbell, sachusetts, Mr. Breaux, Mr. Bryan, Mr. Dor- Robb. Select Committee on Ethics: Mr. Reid of Mr. Thomas, Mr. Kyl, Mr. Grams, Mr. Smith gan, and Mr. Wyden. Nevada, Mrs. Murray, and Mr. Conrad. of Oregon, Mr. Gorton, and Mr. Burns. Committee on Energy and Natural Re- Committee on Environment and Public sources: Mr. Bumpers, Mr. Ford, Bingaman, f Mr. Akaka, Mr. Dorgan, Mr. Graham of Flor- Works: Mr. Chafee (Chair), Mr. Warner, Mr. SENATE RESOLUTION 13—TO MAKE Smith of New Hampshire, Mr. Kempthorne, ida, Mr. Wyden, Mr. Johnson, and Ms. Lan- Mr. Inhofe, Mr. Thomas, Mr. Bond, Mr. drieu. MAJORITY PARTY APPOINT- Hutchinson of Arkansas, Mr. Allard, and Mr. Committee on Environment and Public MENTS TO THE SENATE COM- Sessions. Works: Mr. Baucus, Mr. Moynihan, Mr. Lau- MITTEE ON THE JUDICIARY FOR Committee on Finance: Mr. Roth (Chair), tenberg, Mr. Reid of Nevada, Mr. Graham of THE 105TH CONGRESS Florida, Mr. Lieberman, Mrs. Boxer, and Mr. Mr. Chafee, Mr. Grassley, Mr. Hatch, Mr. Mr. LOTT. Mr. President, I now send D’Amato, Mr. Murkowski, Mr. Nickles, Mr. Wyden. Gramm of Texas, Mr. Lott, Mr. Jeffords, and Committee on Finance: Mr. Moynihan, Mr. a second resolution to the desk that Mr. Mack. Baucus, Mr. Rockefeller, Mr. Breaux, Mr. would make additional majority party Committee on Foreign Relations: Mr. Conrad, Mr. Graham of Florida, Ms. Moseley- committee assignments for the 105th Helms (Chair), Mr. Lugar, Mr. Coverdell, Mr. Braun, Mr. Bryan, and Mr. Kerrey of Ne- Congress, and I ask that the resolution Hagel, Mr. Smith of Oregon, Mr. Thomas, braska. be reported by number, the resolution Mr. Ashcroft, Mr. Grams, Mr. Frist, and Mr. Committee on Foreign Relations: Mr. be adopted, and the motion to recon- Biden, Mr. Sarbanes, Mr. Dodd, Mr. Kerry of Brownback. sider be laid upon the table. Committee on Governmental Affairs: Mr. Massachusetts, Mr. Robb, Mr. Feingold, Mrs. Thompson (Chair), Mr. Roth, Mr. Stevens, Feinstein and Mr. Wellstone. The PRESIDENT pro tempore. The Ms. Collins, Mr. Brownback, Mr. Domenici, Committee on Governmental Affairs: Mr. clerk will report. Mr. Cochran, Mr. Nickles, and Mr. Specter. Glenn, Mr. Levin, Mr. Lieberman, Mr. The legislative clerk read as follows: Committee on the Judiciary: Mr. Hatch Akaka, Mr. Durbin, Mr. Torricelli, and Mr. A resolution (S. Res. 13) making majority (Chair), Mr. Thurmond, Mr. Grassley, Mr. Cleland. party appointments to the Senate Com- Specter, Mr. Thompson, Mr. Kyl, Mr. Committee on the Judiciary: Mr. Leahy, mittee on the Judiciary for the 105th Con- DeWine, and Mr. Ashcroft. Mr. Kennedy, Mr. Biden, Mr. Kohl, Mrs. gress.

VerDate Mar 15 2010 22:01 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\1997SENATE\S09JA7.REC S09JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 9, 1997 CONGRESSIONAL RECORD — SENATE S111 The PRESIDENT PRO TEMPORE. INTELLIGENCE COMMITTEE RATIO the chair and the ranking member of Without objection, it is so ordered. CHANGE the Intelligence Committee and to ac- The resolution (S. Res. 13) was agreed Mr. LOTT. Mr. President, I announce commodate their agenda. to, as follows: to my colleagues that one of the reso- I am certainly in agreement with S. RES. 13 lutions just adopted relates to nec- this approach and appreciate the op- Resolved, That notwithstanding the provi- essary committee ratio changes for the portunity to work through this par- sions of Rule XXV, the following shall con- 105th Congress. I note this allows for an ticular matter as we have. stitute the majority party’s membership on increase of one seat on the Intelligence Mr. LOTT. Mr. President, I want to the Senate Committee on the Judiciary for Committee from both sides of the aisle. thank the Democratic leader for the the 105th Congress, or until their successors The Democratic leader and I are allow- attention he has joined me in giving to are chosen: ing for this increase in the size of the the Intelligence Committee. It is a Judiciary: Mr. Hatch (Chair), Mr. Thur- very important committee, and I am mond, Mr. Grassley, Mr. Specter, Mr. Intelligence Committee for this Con- Thompson, Mr. Kyl, Mr. DeWine, Mr. gress only due to the great interest in not sure we have always given it the Ashcroft, Mr. Abraham, and Mr. Sessions. serving on this important committee consideration that it should have, but from Members on both sides of the we have done it this time. I am very f aisle and also because of the serious- pleased with what the result has been. ness of some of the matters they will f SENATE RESOLUTION 14—TO MAKE be considering and wanting to make MESSAGES FROM THE PRESIDENT MAJORITY PARTY ASSIGNMENTS sure that we are complying with the statute. Messages from the President of the TO SENATE COMMITTEES FOR United States were communicated to THE 105TH CONGRESS One of the things we have been try- ing to do as we started this year is to the Senate by Mr. Williams, one of his Mr. LOTT. Mr. President, I send a take a look at what the rules are and secretaries. resolution to the desk making major- what the statutes require and try to EXECUTIVE MESSAGES REFERRED ity party assignments for the 105th comply with that. The statute is clear As in executive session the Presiding Congress. I ask that the resolution be about wanting to have at least two Officer laid before the Senate messages reported by number, the resolution be from the Armed Services Committee, from the President of the United adopted, and the motion to reconsider two from the Judiciary Committee, States submitting sundry nominations be laid upon the table. and two from Foreign Relations. I which were referred to the appropriate The PRESIDENT pro tempore. The think it is particularly important that committees. clerk will report. we have Members from the Armed (The nominations received today are The legislative clerk read as follows: Services Committee on Intelligence be- printed at the end of the Senate pro- A resolution (S. Res. 14) making majority cause so much of what they do has an ceedings.) party appointments to Senate committees Armed Services Committee relation- f for the 105th Congress. ship. In fact, the hearings on the fund- MESSAGES FROM THE HOUSE The PRESIDENT pro tempore. With- ing for that committee, I believe, al- RECEIVED DURING RECESS out objection, it is so ordered. ways have to report to the Armed Serv- The resolution (S. Res. 14) was agreed ices Committee. Under the authority of the order of to, as follows: This change in the numbers will be the Senate of January 7, 1997, the Sec- S. RES. 14 only for this Congress, and then we will retary of the Senate, on January 8, Resolved, That notwithstanding the provi- work in the next Congress back toward 1997, during the recess of the Senate, sions of S. Res. 400 of the 95th Congress, or the statutory number of 8–7. We may received a message from the House of the provisions of Rule XXV, the following want to come down maybe two steps, 9– Representatives announcing that pur- shall constitute the majority party’s mem- 8, but we should try to be in compli- suant to the provisions of Senate Con- bership on those Senate committees listed ance with the statutes on the numbers current Resolution 2, 105th Congress, below for the 105th Congress, or until their as well as the committee jurisdiction the Speaker reappoints as members of successors are appointed: and representation on that committee. the Joint Committee to make the nec- Budget: Mr. Domenici (Chair), Mr. Grass- ley, Mr. Nickles, Mr. Gramm of Texas, Mr. Again, I state that following this essary arrangements for the inaugura- Bond, Mr. Gorton, Mr. Gregg, Ms. Snowe, Mr. Congress it would be our intention to tion of the President-elect and the Vice Abraham, Mr. Frist, Mr. Grams, Mr. Smith reduce the size, but we will do that President-elect of the United States on of Oregon. only in working with the Democratic the 20th day of January 1997, the fol- Rules and Administration: Mr. Warner leader. This is the only committee, lowing Members of the House: Mr. GEP- (Chair), Mr. Helms, Mr. Stevens, Mr. McCon- also, that only has a one-seat dif- HARDT of Missouri, Mr. GINGRICH of nell, Mr. Cochran, Mr. Santorum, Mr. Nick- ference, and the statute requires that. Georgia, and Mr. ARMEY of Texas. les, Mr. Lott, and Mrs. Hutchison of Texas. All the others have two. The message also announced that the Small Business: Mr. Bond (Chair), Mr. I wonder if the Democratic leader Burns, Mr. Coverdell, Mr. Kempthorne, Mr. House has agreed to the following con- Bennett, Mr. Warner, Mr. Frist, Ms. Snowe, would like to comment on that? current resolutions, each without Mr. Faircloth, and Mr. Enzi. Mr. DASCHLE. Mr. President, the amendment: Veterans’ Affairs: Mr. Specter (Chair), Mr. majority leader and I have had a num- S. Con. Res. 1. Concurrent resolution to Murkowski, Mr. Thurmond, Mr. Jeffords, Mr. ber of conversations about this par- provide for the counting on January 9, 1997, Campbell, Mr. Craig, and Mr. Hutchinson of ticular issue, and I have discussed the of the electoral votes for President and Vice Arkansas. matter in great detail with the ranking President of the United States. Select Committee on Ethics: Mr. Smith of member of the Intelligence Committee. S. Con. Res. 2. Concurrent resolution to ex- New Hampshire (Chair), Mr. Roberts, and Mr. He shares the view, given the agenda tend the life of the Joint Congressional Com- Sessions. and given the legal need to ensure the mittee on Inaugural Ceremonies and the pro- Special Committee on Aging: Mr. Grassley visions of Senate Concurrent Resolution 48. (Chair), Mr. Jeffords, Mr. Craig, Mr. Burns, representation as is required by law, S. Con. Res. 3. Concurrent resolution pro- Mr. Shelby, Mr. Santorum, Mr. Warner, Mr. that only on a one-time interim basis viding for a recess or adjournment of the Hagel, Ms. Collins, and Mr. Enzi. an additional Armed Services Com- Senate from January 9, 1997 to January 21, Select Committee on Indian Affairs: Mr. mittee member needs to be placed on 1997, and an adjournment of the House from Campbell (Chair), Mr. Murkowski, Mr. the committee. January 9, 1997 to January 20, 1997, from Jan- McCain, Mr. Gorton, Mr. Domenici, Mr. As the majority leader has indicated, uary 20, 1997 to January 21, 1997, and from Thomas, Mr. Hatch, and Mr. Inhofe. this is one time and one time only. January 21, 1997 to February 4, 1997. Intelligence: Mr. Shelby (Chair), Mr. This is an interim assignment. We in- The message also announced that the Chafee, Mr. Lugar, Mr. DeWine, Mr. Kyl, Mr. tend to work with him to bring the House has agreed to the resolution (H. Inhofe, Mr. Hatch, Mr. Roberts, Mr. Allard, and Mr. Coats. committee size down to its legal, per- Res. 2) stating that the Senate be in- Joint Economic: Mr. Mack (Vice Chair), manent size in the ensuing Congresses. formed that a quorum of the House of Mr. Roth, Mr. Bennett, Mr. Grams, Mr. So I urge people to recognize the inten- Representatives has assembled; that Brownback, and Mr. Sessions. tion here, and that is to accommodate NEWT GINGRICH, a Representative from

VerDate Mar 15 2010 22:01 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\1997SENATE\S09JA7.REC S09JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S112 CONGRESSIONAL RECORD — SENATE January 9, 1997 the State of Georgia, has been elected Strike ‘‘16’’ after ‘‘Environment and Public Specter, Mr. Thompson, Mr. Kyl, Mr. Speaker; and Robin H. Carle, a citizen Works’’ and insert in lieu thereof ‘‘18’’. DeWine, and Mr. Ashcroft. of the Commonwealth of Virginia, has Strike ‘‘19’’ after ‘‘Finance’’ and insert in Committee on Labor and Human Re- lieu thereof ‘‘20’’. sources: Mr. Jeffords (Chair), Mr. Coats, Mr. been elected Clerk of the House of Rep- Strike ‘‘15’’ after ‘‘Governmental Affairs’’ Gregg, Mr. Frist, Mr. DeWine, Mr. Enzi, Mr. resentatives of the 105th Congress. and insert in lieu thereof ‘‘16’’. Hutchinson of Arkansas, Ms. Collins, Mr. The message further announced that Strike ‘‘16’’ after ‘‘Labor and Human Re- Warner, and Mr. McConnell. the House has agreed to the resolution sources’’ and insert in lieu thereof ‘‘18’’. f (H. Res. 3) stating that a committee of Strike ‘‘19’’ after ‘‘Small Business’’ and in- two Members be appointed by the sert in lieu thereof ‘‘18’’. SENATE RESOLUTION 11—MAKING Speaker on the part of the House of Strike ‘‘19’’ after ‘‘Aging’’ and insert in MINORITY PARTY APPOINT- lieu thereof ‘‘18’’. Representatives to join with a com- MENTS TO CERTAIN SENATE Strike ‘‘17’’ after ‘‘Intelligence’’ and insert COMMITTEES FOR THE 105TH mittee on the part of the Senate to no- in lieu thereof ‘‘19’’. tify the President of the United States Strike ‘‘16’’ after ‘‘Indian Affairs’’ and in- CONGRESS that a quorum of each House has as- sert in lieu thereof ‘‘14’’. Mr. DASCHLE submitted the fol- sembled and Congress is ready to re- f lowing resolution; which was consid- ered and agreed to: ceive any communication that he may SENATE RESOLUTION 10—MAKING S. RES. 11 be pleased to make. MAJORITY PARTY APPOINT- f Resolved, That notwithstanding the provi- MENTS TO CERTAIN SENATE sions of Rule XXV, the following shall con- MESSAGES FROM THE HOUSE COMMITTEES FOR THE 105TH stitute the minority party’s membership on At 12:32 p.m., a message from the CONGRESS the standing committees for the 105th Con- House of Representatives, delivered by Mr. LOTT submitted the following gress, or until their successors are chosen: Committee on Agriculture, Nutrition, and Ms. Goetz, one of its reading clerks, an- resolution; which was considered and Forestry: Mr. Harkin, Mr. Leahy, Mr. Con- nounced that the House has passed the agreed to: rad, Mr. Daschle, Mr. Baucus, Mr. Kerrey of following joint resolution, in which it S. RES. 10 Nebraska, Ms. Landrieu, and Mr. Johnson. requests the concurrence of the Senate: Resolved, That notwithstanding the provi- Committee on Appropriations: Mr. Byrd, H.J. Res. 25. Making technical corrections sions of Rule XXV, the following shall con- Mr. Inouye, Mr. Hollings, Mr. Leahy, Mr. to the Omnibus Consolidated Appropriations stitute the majority party’s membership on Bumpers, Mr. Lautenberg, Mr. Harkin, Ms. Act, 1997 (Public Law 104–208), and for other the following standing committees for the Mikulski, Mr. Reid of Nevada, Mr. Kohl, Mrs. purposes. 105th Congress, or until their successors are Murray, Mr. Dorgan, and Mrs. Boxer. chosen: Committee on Armed Services: Mr. Levin, f Committee on Agriculture: Mr. Lugar Mr. Kennedy, Mr. Bingaman, Mr. Glenn, Mr. SUBMISSION OF CONCURRENT AND (Chair), Mr. Helms, Mr. Cochran, Mr. McCon- Byrd, Mr. Robb, Mr. Lieberman, and Mr. SENATE RESOLUTIONS nell, Mr. Coverdell, Mr. Santorum, Mr. Rob- Cleland. erts, Mr. Grassley, Mr. Gramm of Texas, and Committee on Banking, Housing, and The following concurrent resolutions Mr. Craig. Urban Affairs: Mr. Sarbanes, Mr. Dodd, Mr. and Senate resolutions were read, and Appropriations: Mr. Stevens (Chair), Mr. Kerry of Massachusetts, Mr. Bryan, Mrs. referred (or acted upon), as indicated: Cochran, Mr. Specter, Mr. Domenici, Mr. Boxer, Ms. Moseley-Braun, Mr. Johnson, and Bond, Mr. Gorton, Mr. McConnell, Mr. Burns, Mr. Reed of Rhode Island. By Mr. LOTT: Committee on Commerce, Science, and S. Res. 9. A resolution amending paragraph Mr. Shelby, Mr. Gregg, Mr. Bennett, Mr. Transportation: Mr. Hollings, Mr. Inouye, 2 and 3 of Rule XXV; considered and agreed Campbell, Mr. Craig, Mr. Faircloth, and Mrs. Mr. Ford, Mr. Rockefeller, Mr. Kerry of Mas- Hutchison of Texas. to. sachusetts, Mr. Breaux, Mr. Bryan, Mr. Dor- S. Res. 10. A resolution making majority Committee on Armed Services: Mr. Thur- gan, and Mr. Wyden. party appointments to certain Senate com- mond (Chair), Mr. Warner, Mr. McCain, Mr. Committee on Energy and Natural Re- mittees for the 105th Congress; considered Coats, Mr. Smith of New Hampshire, Mr. sources: Mr. Bumpers, Mr. Ford, Mr. Binga- and agreed to. Kempthorne, Mr. Inhofe, Mr. Santorum, Ms. man, Mr. Akaka, Mr. Dorgan, Mr. Graham of By Mr. DASCHLE: Snowe, and Mr. Roberts. Florida, Mr. Wyden, Mr. Johnson, and Ms. S. Res. 11. A resolution making minority Committee on Banking, Housing, and Landrieu. party appointments to Senate committees Urban Affairs: Mr. D’Amato (Chair), Mr. Committee on Environment and Public for the 105th Congress; considered and agreed Gramm of Texas, Mr. Shelby, Mr. Mack, Mr. Works: Mr. Baucus, Mr. Moynihan, Mr. Lau- to. Faircloth, Mr. Bennett, Mr. Grams, Mr. tenberg, Mr. Reid of Nevada, Mr. Graham of S. Res. 12. A resolution making minority Allard, Mr. Enzi, and Mr. Hagel. Florida, Mr. Lieberman, Mrs. Boxer, and Mr. party appointments to Senate committees in Committee on Commerce, Science, and Wyden. paragraph 3 (a), (b), and (c) of Rule XXV; Transportation: Mr. McCain (Chair), Mr. Ste- Committee on Finance: Mr. Moynihan, Mr. considered and agreed to. vens, Mr. Burns, Mr. Gorton, Mr. Lott, Mrs. Baucus, Mr. Rockefeller, Mr. Breaux, Mr. By Mr. LOTT: Hutchison of Texas, Ms. Snowe, Mr. Conrad, Mr. Graham of Florida, Ms. Moseley- S. Res. 13. A resolution making majority Ashcroft, Mr. Frist, Mr. Abraham, and Mr. Braun, Mr. Bryan, and Mr. Kerrey of Ne- party appointments to the Senate Com- Brownback. braska. mittee on the Judiciary for the 105th Con- Committee on Energy and Natural Re- Committee on Foreign Relations: Mr. gress; considered and agreed to. sources: Mr. Murkowski (Chair), Mr. Domen- Biden, Mr. Sarbanes, Mr. Dodd, Mr. Kerry of S. Res. 14. A resolution making majority ici, Mr. Nickles, Mr. Craig, Mr. Campbell, Massachusetts, Mr. Robb, Mr. Feingold, Mrs. party appointments to Senate committees Mr. Thomas, Mr. Kyl, Mr. Grams, Mr. Smith Feinstein, and Mr. Wellstone. for the 105th Congress; considered and agreed of Oregon, Mr. Gorton, and Mr. Burns. Committee on Governmental Affairs: Mr. to. Committee on Environment and Public Glenn, Mr. Levin, Mr. Lieberman, Mr. f Works: Mr. Chafee (Chair), Mr. Warner, Mr. Akaka, Mr. Durbin, Mr. Torricelli, and Mr. Smith of New Hampshire, Mr. Kempthorne, Cleland. SENATE RESOLUTION 9—AMEND- Mr. Inhofe, Mr. Thomas, Mr. Bond, Mr. Committee on the Judiciary: Mr. Leahy, ING PARAGRAPHS 2 AND 3 OF Hutchinson of Arkansas, Mr. Allard, and Mr. Mr. Kennedy, Mr. Biden, Mr. Kohl, Mrs. RULE XXV Sessions. Feinstein, Mr. Feingold, Mr. Durbin, and Mr. Mr. LOTT submitted the following Committee on Finance: Mr. Roth (Chair), Torricelli. Mr. Chafee, Mr. Grassley, Mr. Hatch, Mr. Committee on Labor and Human Re- resolution; which was considered and D’Amato, Mr. Murkowski, Mr. Nickles, Mr. sources: Mr. Kennedy, Mr. Dodd, Mr. Harkin, agreed to: Gramm of Texas, Mr. Lott, Mr. Jeffords, and Ms. Mikulski, Mr. Bingaman, Mr. Wellstone, S. RES. 9 Mr. Mack. Mrs. Murray, and Mr. Reed of Rhode Island. Resolved, That paragraphs 2 and 3 of Rule Committee on Foreign Relations: Mr. f XXV of the Standing Rules of the Senate is Helms (Chair), Mr. Lugar, Mr. Coverdell, Mr. amended for the 105th Congress as follows: Hagel, Mr. Smith of Oregon, Mr. Thomas, SENATE RESOLUTION 12—MAKING Strike ‘‘21’’ after ‘‘Armed Services’’ and in- Mr. Ashcroft, Mr. Grams, Mr. Frist, and Mr. MINORITY PARTY APPOINT- sert in lieu thereof ‘‘18’’. Brownback. MENTS TO CERTAIN SENATE Strike ‘‘16’’ after ‘‘Banking, Housing and Committee on Governmental Affairs: Mr. COMMITTEES IN PARAGRAPH Urban Affairs’’ and insert in lieu thereof Thompson (Chair), Mr. Roth, Mr. Stevens, 3(a), (b) AND (c) OF RULE XXV ‘‘18’’. Ms. Collins, Mr. Brownback, Mr. Domenici, Strike ‘‘19’’ after ‘‘Commerce, Science, and Mr. Cochran, Mr. Nickles, and Mr. Specter. Mr. DASCHLE submitted the fol- Transportation’’ and insert in lieu thereof Committee on the Judiciary: Mr. Hatch lowing resolution; which was consid- ‘‘20’’. (Chair), Mr. Thurmond, Mr. Grassley, Mr. ered and agreed to:

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S. RES. 12 nell, Mr. Cochran, Mr. Santorum, Mr. Nick- For President For Vice Resolved, That notwithstanding the provi- les, Mr. Lott, and Mrs. Hutchison of Texas. President Small Business: Mr. Bond (Chair), Mr. (1) States sions of S. Res. 400 of the 95th Congress, or Bill Bob Al Jack the provisions of Rule XXV, the following Burns, Mr. Coverdell, Mr. Kempthorne, Mr. Clinton Dole Gore Kemp shall constitute the minority party’s mem- Bennett, Mr. Warner, Mr. Frist, Ms. Snowe, bership on the committees named in para- Mr. Faircloth, and Mr. Enzi. 3 Wyoming ...... 3 ...... 3 538 ...... 379 159 379 159 graph 3 (a), (b), and (c) of Rule XXV for the Veterans’ Affairs: Mr. Specter (Chair), Mr. 105th Congress, or until their successors are Murkowski, Mr. Thurmond, Mr. Jeffords, Mr. 1 Electoral Votes of each State. Campbell, Mr. Craig, and Mr. Hutchinson of appointed: JOHN W. WARNER, Committee on the Budget: Mr. Lautenberg, Arkansas. WENDELL H. FORD, Mr. Hollings, Mr. Conrad, Mr. Sarbanes, Mrs. Select Committee on Ethics: Mr. Smith of Tellers on the part of Boxer, Mrs. Murray, Mr. Wyden, Mr. Fein- New Hampshire (Chair), Mr. Roberts, and Mr. the Senate. gold, Mr. Johnson, and Mr. Durbin. Sessions. Committee on Rules and Administration: Special Committee on Aging: Mr. Grassley WILLIAM M. THOMAS, Mr. Ford, Mr. Byrd, Mr. Inouye, Mr. Moy- (Chair), Mr. Jeffords, Mr. Craig, Mr. Burns, SAM GEJDENSON, nihan, Mr. Dodd, Mrs. Feinstein, and Mr. Mr. Shelby, Mr. Santorum, Mr. Warner, Mr. Tellers on the part of Torricelli. Hagel, Ms. Collins, and Mr. Enzi. the House of Rep- Committee on Small Business: Mr. Kerry Select Committee on Indian Affairs: Mr. resentatives. of Massachusetts, Mr. Bumpers, Mr. Levin, Campbell (Chair), Mr. Murkowski, Mr. The state of the vote for President of the Mr. Harkin, Mr. Lieberman, Mr. Wellstone, McCain, Mr. Gorton, Mr. Domenici, Mr. United States, as delivered to the President Mr. Cleland, and Ms. Landrieu. Thomas, Mr. Hatch, and Mr. Inhofe. of the Senate, is as follows: Committee on Veterans’ Affairs: Mr. Intelligence: Mr. Shelby, (Chair), Mr. The whole number of the electors ap- Rockefeller, Mr. Graham of Florida, Mr. Chafee, Mr. Lugar, Mr. DeWine, Mr. Kyl, Mr. pointed to vote for President of the United Akaka, Mr. Wellstone, and Mrs. Murray. Inhofe, Mr. Hatch, Mr. Roberts, Mr. Allard, States is 538, of which a majority is 270. Select Committee on Indian Affairs: Mr. and Mr. Coats. Bill Clinton, of the State of Arkansas, has Inouye, Mr. Conrad, Mr. Reid of Nevada, Mr. Joint Economic: Mr. Mack (Vice Chair), received for President of the United States Akaka, Mr. Wellstone, and Mr. Dorgan. Mr. Roth, Mr. Bennett, Mr. Grams, Mr. 379 votes; Special Committee on Aging: Mr. Breaux, Brownback, and Mr. Sessions. Bob Dole, of the State of Kansas, has re- Mr. Glenn, Mr. Reid of Nevada, Mr. Kohl, Mr. f ceived 159 votes; The state of the vote for Vice President of Feingold, Ms. Moseley-Braun, Mr. Wyden, PRESENTING THE ELECTORAL and Mr. Reed of Rhode Island. the United States, as delivered to the Presi- Committee on Intelligence: Mr. Kerrey of VOTE OF THE OFFICES OF dent of the Senate, is as follows: Nebraska, Mr. Glenn, Mr. Bryan, Mr. Gra- PRESIDENT AND VICE PRESI- The whole number of the electors ap- ham of Florida, Mr. Kerry of Massachusetts, DENT OF THE UNITED STATES pointed to vote for Vice President of the Mr. Baucus, Mr. Robb, Mr. Lautenberg, and United States is 538, of which a majority is The undersigned, John W. Warner and 270. Mr. Levin. Wendell H. Ford, tellers on the part of the Joint Economic Committee: Mr. Binga- Al Gore, of the State of Tennessee, has re- Senate, William M. Thomas and Sam Gejden- man, Mr. Sarbanes, Mr. Kennedy, and Mr. ceived for Vice President of the United son, tellers on the part of the House of Rep- Robb. States 379 votes; Select Committee on Ethics: Mr. Reid of resentatives, report the following as the re- Jack Kemp, of the State of Maryland, has Nevada, Mrs. Murray, and Mr. Conrad. sult of the ascertainment and counting of received 159 votes; the electoral vote for President and Vice f This announcement of the state of the vote President of the United States for the term by the President of the Senate shall be SENATE RESOLUTION 13—MAKING beginning on the twentieth day of January, deemed a sufficient declaration of the per- MAJORITY PARTY APPOINT- nineteen hundred and ninety-seven. sons elected President and Vice President of MENTS TO THE SENATE COM- the United States, each for the term begin- For President For Vice MITTEE ON THE JUDICIARY FOR President ning on the twentieth day of January, nine- 1 teen hundred and ninety-seven and shall be THE 105TH CONGRESS ( ) States Bill Bob Clinton Dole Al Jack entered, together with the list of the votes, Mr. LOTT submitted the following Gore Kemp on the Journals of the Senate and House of resolution; which was considered and 9 Alabama ...... 9 ...... 9 Representatives. agreed to: 3 Alaska ...... 3 ...... 3 f S. RES. 13 8 Arizona ...... 8 ...... 8 ...... 6 Arkansas ...... 6 ...... 6 ...... Resolved, That notwithstanding the provi- 54 California ...... 54 ...... 54 ...... ADDITIONAL STATEMENTS sions of Rule XXV, the following shall con- 8 Colorado ...... 8 ...... 8 8 Connecticut ...... 8 ...... 8 ...... stitute the majority party’s membership on 3 Delaware ...... 3 ...... 3 ...... the Senate Committee on the Judiciary for 3 District of Columbia ...... 3 ...... 3 ...... TRIBUTE TO CHESTER HERWITZ the 105th Congress, or until their successors 25 Florida ...... 25 ...... 25 ...... 13 Georgia ...... 13 ...... 13 ∑ Mr. KERRY. Mr. President, I want to are chosen: 4 Hawaii ...... 4 ...... 4 ...... call the attention of my colleagues to Judiciary: Mr. Hatch (Chair), Mr. Thur- 4 Idaho ...... 4 ...... 4 mond, Mr. Grassley, Mr. Specter, Mr. 22 Illinois ...... 22 ...... 22 ...... Chester Herwitz, a resident of Worces- 12 Indiana ...... 12 ...... 12 ter, MA, who on January 11 will be the Thompson, Mr. Kyl, Mr. DeWine, Mr. 7 Iowa ...... 7 ...... 7 ...... Ashcroft, Mr. Abraham, and Mr. Sessions. 6 Kansas ...... 6 ...... 6 sole American to receive the Indo- 8 Kentucky ...... 8 ...... 8 ...... American Society Annual Award. The f 9 Louisiana ...... 9 ...... 9 ...... SENATE RESOLUTION 14—MAKING 4 Maine ...... 4 ...... 4 ...... prominence of the two other recipi- 10 Maryland ...... 10 ...... 10 ...... ents—Mother Teresa and Dr. MAJORITY PARTY APPOINT- 12 Massachusetts ...... 12 ...... 12 ...... MENTS TO SENATE COMMITTEES 18 Michigan ...... 18 ...... 18 ...... Manmohan Singh, the former Finance 10 Minnesota ...... 10 ...... 10 ...... Minister of India—attests to the pres- FOR THE 105TH CONGRESS 7 Mississippi ...... 7 ...... 7 11 Missouri ...... 11 ...... 11 ...... tige of this award. Mr. LOTT submitted the following 3 Montana ...... 3 ...... 3 Born in Swampscott, MA, Chester resolution; which was considered and 5 Nebraska ...... 5 ...... 5 4 Nevada ...... 4 ...... 4 ...... moved west within my State, eventu- agreed to: 4 New Hampshire...... 4 ...... 4 ...... ally settling in Worcester. I have S. RES. 14 15 New Jersey...... 15 ...... 15 ...... 5 New Mexico...... 5 ...... 5 ...... known Chester Herwitz for almost 30 Resolved, That notwithstanding the provi- 33 New York...... 33 ...... 33 ...... years. He brings enormous passion, in- 14 North Carolina...... 14 ...... 14 sions of S. Res. 400 of the 95th Congress, or telligence, energy, and integrity to his the provisions of Rule XXV, the following 3 North Dakota...... 3 ...... 3 21 Ohio ...... 21 ...... 21 ...... chosen field, contemporary Indian art. shall constitute the majority party’s mem- 8 Oklahoma ...... 8 ...... 8 bership on those Senate committees listed 7 Oregon ...... 7 ...... 7 ...... For more than 20 years, he has lent 23 Pennsylvania ...... 23 ...... 23 ...... below for the 105th Congress, or until their 4 Rhode Island...... 4 ...... 4 ...... works from his collection to dozens of successors are appointed: 8 South Carolina...... 8 ...... 8 museums in England, France, and the Budget: Mr. Domenici (Chair), Mr. Grass- 3 South Dakota...... 3 ...... 3 United States, including two in Massa- ley, Mr. Nickles, Mr. Gramm of Texas, Mr. 11 Tennessee ...... 11 ...... 11 ...... 32 Texas ...... 32 ...... 32 chusetts, the Worcester Art Museum Bond, Mr. Gorton, Mr. Gregg, Ms. Snowe, Mr. 5 Utah ...... 5 ...... 5 and the Peabody Essex Museum in Abraham, Mr. Frist, Mr. Grams, and Mr. 3 Vermont ...... 3 ...... 3 ...... 13 Virginia ...... 13 ...... 13 Salem. Smith of Oregon. 11 Washington ...... 11 ...... 11 ...... Rules and Administration: Mr. Warner 5 West Virginia ...... 5 ...... 5 ...... I also applaud the good works of (Chair), Mr. Helms, Mr. Stevens, Mr. McCon- 11 Wisconsin ...... 11 ...... 11 ...... Chester and his wife Davida. In 1994,

VerDate Mar 15 2010 22:01 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\1997SENATE\S09JA7.REC S09JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S114 CONGRESSIONAL RECORD — SENATE January 9, 1997 they established the Chester and HONORING THE ACHIEVEMENTS OF United Way Allocation Committee, Davida Herwitz Charitable Trust to THE UNIVERSITY OF WISCONSIN– Burroughs Elementary School Site support contemporary Indian art. In OSHKOSH Committee, City of Fresno Citizens Ad- addition, Chester has served on the ∑ Mr. KOHL. Mr. President, I rise visory Committee and the Roosevelt board of several charitable and social- today to pay tribute to the University Plan Implementation Committee. service organizations in Massachusetts. of Wisconsin-Oshkosh. UW-Oshkosh is In addition to his extensive experi- I am particularly proud that a great celebrating its service to the State of ence in state and local government and nation like India will recognize Ches- Wisconsin as an institute of higher organizations, he also has a firm under- ter’s work. I trust that Chester will learning for 125 consecutive years and standing of the workings of Congress continue to enrich the cultures of both will be concluding its celebration with and the Federal Government. Early in India and the United States. ∑ a large community event on February his career, he served as a summer in- 8, 1997. tern in former Congressman B. F. f The University of Wisconsin-Oshkosh Sisk’s office. He later worked as dis- has a rich tradition of serving the fam- trict representative for former Con- AM 1450 WMIQ ilies of our State through dedication gressman Richard Lehman. Cruz Bustamante is California’s first ∑ and devotion to the principles of higher Mr. LEVIN. Mr. President, I rise education. UW-Oshkosh was founded in Assembly Speaker of Latino heritage. today to honor AM 1450, Iron Mountain 1871 with an entering class of 43 stu- He is a modern day pioneer. California and Kingsford, Michigan’s Information dents. During that time the university is home to millions of Latinos and oth- Station. On January 25, 1996, the sta- was mainly a teacher-training institu- ers of various ethnic backgrounds. Mr. tion will celebrate 50 years of contin- tion, producing thousands of teachers Bustamante’s speakership heralds new uous broadcasting and community who contributed immensely to Wiscon- horizons for every Californian con- service. sin’s leadership in education. cerned with the future of our ever On April 4, 1946, the first organiza- Today, as part of the distinguished changing State. tional meeting of the Iron Mountain University of Wisconsin System, UW- So today, I ask my colleagues in the Kingsford Broadcasting Co. was held to Oshkosh enrolls more than 10,000 stu- to join me and license a new radio station for the dents on its campus in Fox River, WI. Speaker Bustamante’s wife Arcelia, area. William and Frank Russell, along The university’s four colleges and grad- their daughters and grandchildren, his with the Delta Broadcasting Co. and uate school offer a range of programs colleagues, constituents and numerous the Lake Superior Broadcasting Co., in education and human services, let- other supporters in wishing him every were the driving force behind this orga- ters and science, business administra- success as he meets this challenge. nizing group. The new radio station tion, and nursing. With a tradition of Cruz Bustamante has been described was to be a news station operated by strong programs in the arts and by Republicans and Democrats alike as the Iron Mountain News, the area’s sciences and in professional career an intelligent and able leader. He has daily newspaper. fields, the university has created an en- said that his tenure as Speaker will Construction on the broadcast facil- vironment that promotes excellence focus on the needs of the people of Cali- ity began on November 14, 1946 and on and values diversity. In the past sev- fornia. I look forward to working with November 21, the new station was offi- eral years faculty and students have him on behalf of all Californians, and I cially named WMIQ, with William created a blueprint for the university’s look forward to a continuing story of Goodrich serving as its first general future, including a vision statement success for California’s new Assembly ∑ manager. On Saturday, January 25, and 11 goals. Mr. President, the blue- Speaker, Cruz Bustamente. 1947, WMIQ began broadcasting at 8:00 print has been working because for the f a.m. Governors Sigler of Michigan and third consecutive year UW-Oshkosh Goodland of Wisconsin both wired the ranks in the first tier of Midwestern ORDERS FOR TUESDAY, JANUARY station to offer words of congratula- colleges and universities by U.S. News 21, 1997 tion. and World Report. Mr. LOTT. Mr. President, I ask unan- During the past 50 years, program- I hope that all of you will join me in imous consent that when the Senate ming has included national and local congratulating the faculty, students, completes its business today it stand in news coverage, the ‘‘Scandinavian employees, and graduates of the Uni- adjournment, under the provisions of Cheer Hour’’ broadcast from the Bethel versity of Wisconsin-Oshkosh for all of Senate Concurrent Resolution 3, until Mission Covenant Church in Swedish, their accomplishments during their 125 the hour of 12 noon on Tuesday, Janu- live musical performances, the WMIQ years of existence, and I know you will ary 21; further, immediately following Playhouse and Sunday morning serv- join me in wishing them well during the prayer, the Journal of proceedings ices from First Lutheran Church. the next 125 years.∑ be deemed approved to date, no resolu- WMIQ also has a long history of na- f tions come over under the rule, the call tional and local sports coverage. of the calendar be dispensed with, the WMIQ ownership changed hands in CALIFORNIA ASSEMBLY SPEAKER morning hour be deemed to have ex- 1968 when Jim Klungness and Charles CRUZ BUSTAMANTE pired, and the time following con- Henry purchased the radio station. ∑ Mrs. BOXER. Mr. President, it is vening and 12:30 be equally divided be- WMIQ currently has sister stations with great pleasure that I rise today to tween the two leaders or their des- WIMK-FM in Iron Mountain and pay tribute to Cruz Bustamante, the ignees. WUPK-FM in Marquette. WMIQ has newly elected speaker of the California The PRESIDENT pro tempore. With- been very active in the community Assembly. out objection, it is so ordered. over the years by supporting the Car- Speaker Bustamante is a native Cali- Mr. LOTT. I ask unanimous consent ing House for domestic violence vic- fornian, born in Dinuba and raised in that the Senate stand in recess on tims, the Can-A-Thon food drive, the the great Central Valley, where he still Tuesday, January 21, from the hours of March of Dimes and Easter Seals. lives and represents the 31st District. 12:30 to 2:15 p.m. for the weekly party WMIQ has been an integral part of He graduated from Tranquility High conferences to meet. the Iron Mountain and Kingsford com- School and attended Fresno City Col- The PRESIDENT pro tempore. With- munities for the past fifty years. Its lege and California State University at out objection, it is so ordered. great work keeping the public apprised Fresno. He has had a career marked by Mr. LOTT. I further ask that at 2:15 of current events has earned WMIQ the community service, having worked in p.m. on Tuesday, January 21, there be a title of Michigan’s ‘‘Information Sta- various employment and training pro- period for the transaction of morning tion.’’ I know my Senate colleagues grams. business with Senators permitted to join me in congratulating WMIQ for a He understands his community well, speak for up to 10 minutes each. half century of service to its broad- having served on numerous boards and The PRESIDENT pro tempore. With- casting audience.∑ commissions including the Fresno out objection, it is so ordered.

VerDate Mar 15 2010 22:01 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\1997SENATE\S09JA7.REC S09JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 9, 1997 CONGRESSIONAL RECORD — SENATE S115 PROGRAM TO PAPUA NEW GUINEA, AND TO SERVE CONCURRENTLY MORRIS K. UDALL SCHOLARSHIP AND EXCEL- AND WITHOUT ADDITIONAL COMPENSATION AS AMBAS- LENCE IN NATIONAL ENVIRONMENTAL POLICY Mr. LOTT. As a reminder to all Sen- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO SOLOMON IS- FOUNDATION ators, immediately following the joint LANDS, AND AS AMBASSADOR EXTRAORDINARY AND RONALD KENT BURTON, OF VIRGINIA, TO BE A MEMBER session today, the Senate will adjourn PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF VANUATU. OF THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL over until Tuesday, January 21, under a DENNIS K. HAYS, OF FLORIDA, A CAREER MEMBER OF SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- MENTAL POLICY FOUNDATION FOR A TERM EXPIRING THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, previous agreement. Senators will be OCTOBER 6, 2002. (REAPPOINTMENT) TO BE AMBASSADOR EXTRAORDINARY AND PLENI- D. MICHAEL RAPPOPORT, OF ARIZONA, TO BE A MEM- allowed to introduce legislation on the POTENTIARY OF THE UNITED STATES OF AMERICA TO BER OF THE BOARD OF TRUSTEES OF THE MORRIS K. THE REPUBLIC OF SURINAME. 21st, beginning at 2:15 p.m. Therefore, I UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL JOHN FRANCIS MAISTO, OF PENNSYLVANIA, A CAREER ENVIRONMENTAL POLICY FOUNDATION FOR A TERM EX- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF expect many Members will be prepared PIRING OCTOBER 6, 2002. (REAPPOINTMENT) MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- to submit legislation and make state- JUDITH M. ESPINOSA, OF NEW MEXICO, TO BE A MEM- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES BER OF THE BOARD OF TRUSTEES OF THE MORRIS K. OF AMERICA TO THE REPUBLIC OF VENEZUELA. ments during the morning business pe- UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL riod on that Tuesday. PETE PETERSON, OF FLORIDA, TO BE AMBASSADOR EX- ENVIRONMENTAL POLICY FOUNDATION FOR A TERM OF 4 TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED YEARS. (NEW POSITION) I wish everyone a restful upcoming STATES OF AMERICA TO THE SOCIALIST REPUBLIC OF week and look forward to the 21st when VIETNAM. TENESSEE VALLEY AUTHORITY JOHN STERN WOLF, OF MARYLAND, A CAREER MEMBER JOHNNY H. HAYES, OF TENNESSEE, TO BE A MEMBER we will begin the work of the 105th OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- OF THE BOARD OF DIRECTORS OF THE TENNESSEE VAL- COUNSELOR, FOR THE RANK OF AMBASSADOR DURING Congress. We will look forward to hear- LEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2005. (RE- HIS TENURE OF SERVICE AS U.S. COORDINATOR FOR APPOINTMENT) ing the President’s State of the Union AISA PACIFIC ECONOMIC COOPERATION (APEC). Address and receiving his budget sub- RICHARD W. BOGOSIAN, OF MARYLAND, A CAREER MISSISSIPPI RIVER COMMISSION MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF mission, I believe, on February 6. In MINISTER-COUNSELOR, FOR THE RANK OF AMBASSADOR BRIGADIER GENERAL ROBERT BERNARD FLOWERS, the meantime, we will be having hear- DURING HIS TENURE OF SERVICE AS SPECIAL COORDI- UNITED STATES ARMY, TO BE A MEMBER AND PRESI- NATOR FOR RWANDA/BURUNDI. DENT OF THE MISSISSIPPI RIVER COMMISSION, UNDER ings on nominations and are hopeful we MADELEINE KORBEL ALBRIGHT, OF THE DISTRICT OF THE PROVISIONS OF SECTION 2 OF AN ACT OF CONGRESS, APPROVED JUNE 1879 (21 STAT. 37) (33 USC 642). can have a couple of confirmation COLUMBIA, TO BE A REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE 51ST SESSION OF THE GEN- DEPARTMENT OF HEALTH AND HUMAN SERVICES votes in the first week we are in ses- ERAL ASSEMBLY OF THE UNITED NATIONS. sion beginning the 21st. EDWARD WILLIAM GNEHM, JR., OF GEORGIA, TO BE A KEVIN L. THURM, OF NEW YORK, TO BE DEPUTY SEC- REPRESENTATIVE OF THE UNITED STATES OF AMERICA RETARY OF HEALTH AND HUMAN SERVICES, VICE WAL- I yield the floor. TO THE 51ST SESSION OF THE GENERAL ASSEMBLY OF TER D. BROADNAX, RESIGNED. THE UNITED NATIONS. GENERAL SERVICES ADMINISTRATION f KARL FREDERICK INDERFURTH, OF NORTH CAROLINA, TO BE AN ALTERNATE REPRESENTATIVE OF THE UNITED DAVID J. BARRAM, OF CALIFORNIA, TO BE ADMINIS- APPOINTMENT BY THE VICE STATES OF AMERICA TO THE 51ST SESSION OF THE GEN- TRATOR OF GENERAL SERVICES, VICE ROGER W. JOHN- PRESIDENT ERAL ASSEMBLY OF THE UNITED NATIONS. SON, RESIGNED. VICTOR MARRERO, OF NEW YORK, TO BE AN ALTER- SPECIAL PANEL ON APPEALS NATE REPRESENTATIVE OF THE UNITED STATES OF The PRESIDENT pro tempore. The AMERICA TO THE 51ST SESSION OF THE GENERAL AS- DENIS J. HAUPTLY, OF MINNESOTA, TO BE CHAIRMAN Chair, on behalf of the Vice President, SEMBLY OF THE UNITED NATIONS. OF THE SPECIAL PANEL ON APPEALS FOR A TERM OF 6 YEARS, VICE BARBARA JEAN MAHONE, TERM EXPIRED. appoints the Senator from Virginia FARM CREDIT ADMINISTRATION CIVIL LIBERTIES PUBLIC EDUCATION FUND [Mr. WARNER], and the Senator from LOWELL LEE JUNKINS, OF IOWA, TO BE A MEMBER OF LEO K. GOTO, OF COLORADO, TO BE A MEMBER OF THE ORD THE BOARD OF DIRECTORS OF THE FEDERAL AGRICUL- Kentucky [Mr. F ], as tellers on the BOARD OF DIRECTORS OF THE CIVIL LIBERTIES PUBLIC TURAL MORTGAGE CORPORATION, VICE EDWARD part of the Senate to count the elec- EDUCATION FUND FOR A TERM OF 2 YEARS. (NEW POSI- CHARLES WILLIAMSON. TION) toral votes. DON T. NAKANISHI, OF CALIFORNIA, TO BE A MEMBER DEPARTMENT OF DEFENSE f OF THE BOARD OF DIRECTORS OF THE CIVIL LIBERTIES KEITH R. HALL, OF MARYLAND, TO BE AN ASSISTANT PUBLIC EDUCATION FUND FOR A TERM OF 2 YEARS. (NEW POSITION) SECRETARY OF THE AIR FORCE, VICE JEFFREY K. HAR- JOINT SESSION OF THE TWO PEGGY A. NAGAE, OF OREGON, TO BE A MEMBER OF RIS, RESIGNED. HOUSES—COUNTING OF ELEC- THE BOARD OF DIRECTORS OF THE CIVIL LIBERTIES PUBLIC EDUCATION FUND FOR A TERM OF 3 YEARS. (NEW TORAL BALLOTS NATIONAL CORPORATION FOR HOUSING POSITION) PARTNERSHIPS DALE MINAMI, OF CALIFORNIA, TO BE A MEMBER OF Thereupon, at 12:47 p.m., the Senate, THE BOARD OF DIRECTORS OF THE CIVIL LIBERTIES SUSAN R. BARON, OF MARYLAND, TO BE A MEMBER OF PUBLIC EDUCATION FUND FOR A TERM OF 3 YEARS. (NEW preceded by the Secretary of the Sen- THE NATIONAL CORPORATION FOR HOUSING PARTNER- POSITION) ate, Gary L. Sisco, and the Sergeant at SHIPS FOR THE TERM EXPIRING OCTOBER 27, 1997 (RE- YEIICHI KUWAYAMA, OF THE DISTRICT OF COLUMBIA, APPOINTMENT) TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE Arms, Gregory S. Casey, proceeded to CIVIL LIBERTIES PUBLIC EDUCATION FUND FOR A TERM the Hall of the House of Representa- NATIONAL INSTITUTE OF BUILDING SCIENCES OF 3 YEARS. (NEW POSITION) ELSA H. KUDO, OF HAWAII, TO BE A MEMBER OF THE CHARLES A. GUELI, OF MARYLAND TO BE A MEMBER tives for the purpose of counting elec- BOARD OF DIRECTORS OF THE CIVIL LIBERTIES PUBLIC OF THE BOARD OF DIRECTORS OF THE NATIONAL INSTI- toral ballots. EDUCATION FUND FOR A TERM OF 2 YEARS. (NEW POSI- TUTE OF BUILDING SCIENCES FOR A TERM EXPIRING TION) f SEPTEMBER 7, 1999, VICE WALTER SCOTT BLACKBURN, ROBERT F. DRINAN, OF MASSACHUSETTS, TO BE A TERM EXPIRED. MEMBER OF THE BOARD OF DIRECTORS OF THE CIVIL NIRANJAN S. SHAH, OF ILLINOIS, TO BE A MEMBER OF LIBERTIES PUBLIC EDUCATION FUND FOR A TERM OF 3 ADJOURNMENT UNTIL TUESDAY, THE BOARD OF DIRECTORS OF THE NATIONAL INSTITUTE YEARS. (NEW POSITION) JANUARY 21, 1997 OF BUILDING SCIENCES FOR A TERM EXPIRING SEP- SUSAN HAYASE, OF CALIFORNIA, TO BE A MEMBER OF TEMBER 7, 1998, VICE JOHN H. MILLER, TERM EXPIRED. THE BOARD OF DIRECTORS OF THE CIVIL LIBERTIES At the conclusion of the joint session PUBLIC EDUCATION FUND FOR A TERM OF 3 YEARS. (NEW NATIONAL CREDIT UNION ADMINISTRATION of the two Houses, and in accordance POSITION) with the order previously entered, at YOLANDA TOWNSEND WHEAT, OF MISSOURI, TO BE A INSTITUTE OF AMERICAN INDIAN AND ALASKA MEMBER OF THE NATIONAL CREDIT UNION ADMINISTRA- NATIVE CULTURE AND ARTS DEVELOPMENT 1:24 p.m., the Senate adjourned until TION BOARD FOR THE TERM OF 6 YEARS EXPIRING AU- GUST 2, 2001, VICE ROBERT H. SWAN, TERM EXPIRED. MICHAEL A. NARANJO, OF NEW MEXICO, TO BE A MEM- Tuesday, January 21, at 12 noon. BER OF THE BOARD OF TRUSTEES OF THE INSTITUTE OF FEDERAL TRADE COMMISSION AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND f ARTS DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2002, SHEILA FOSTER ANTHONY, OF ARKANSAS, TO BE A VICE BEATRICE RIVAS SANCHEZ, TERM EXPIRED. NOMINATIONS FEDERAL TRADE COMMISSIONER FOR THE TERM OF 7 JEANNE GIVENS, OF IDAHO, TO BE A MEMBER OF THE YEARS FROM SEPTEMBER 26, 1995, VICE JANET DEMPSEY BOARD OF TRUSTEES OF THE INSTITUTE OF AMERICAN Executive nominations received by STEIGER, TERM EXPIRED. INDIAN AND ALASKA NATIVE CULTURE AND ARTS DE- VELOPMENT FOR A TERM EXPIRING OCTOBER 18, 2002, the Senate January 9, 1997: DEPARTMENT OF TRANSPORTATION VICE PIESTEWA ROBERT HAROLD AMES, TERM EXPIR- CENTRAL INTELLIGENCE ING. TRIRUVARUR R. LAKSHMANAN, OF NEW HAMPSHIRE, BARBARA BLUM, OF THE DISTRICT OF COLUMBIA, TO ANTHONY LAKE, OF MASSACHUSETTS, TO BE DIREC- TO BE DIRECTOR OF THE BUREAU OF TRANSPORTATION BE A MEMBER OF THE BOARD OF TRUSTEES OF THE IN- TOR OF CENTRAL INTELLIGENCE, VICE JOHN M. DEUTCH, STATISTICS, DEPARTMENT OF TRANSPORTATION, FOR STITUTE OF AMERICAN INDIAN AND ALASKA NATIVE RESIGNED. THE TERM OF 4 YEARS. (REAPPOINTMENT) CULTURE AND ARTS DEVELOPMENT FOR A TERM EXPIR- ING MAY 19, 2002. (REAPPOINTMENT) DEPARTMENT OF STATE EXECUTIVE OFFICE OF THE PRESIDENT LETITIA CHAMBERS, OF OKLAHOMA, TO BE A MEMBER OF THE BOARD OF TRUSTEES OF THE INSTITUTE OF GENTA HAWKINS HOLMES, OF CALIFORNIA, A CAREER JERRY M. MELILLO, OF MASSACHUSETTS, TO BE AN AS- AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF SOCIATE DIRECTOR OF THE OFFICE OF SCIENCE AND ARTS DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2000, MINISTER-COUNSELOR, AS AMBASSADOR EXTRAOR- TECHNOLOGY POLICY, VICE ROBERT T. WATSON, RE- VICE ROY M. HUHNDORF, RESIGNED. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES SIGNED. OF AMERICA TO AUSTRALIA. KERRI-ANN JONES, OF MARYLAND, TO BE AN ASSO- STATE JUSTICE INSTITUTE ANNE W. PATTERSON, OF VIRGINIA, A CAREER MEMBER CIATE DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- NOLOGY POLICY, VICE ROBERT T. WATSON, RESIGNED. SOPHIA H. HALL, OF ILLINOIS, TO BE A MEMBER OF COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND THE BOARD OF DIRECTORS OF THE STATE JUSTICE IN- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA CORPORATION FOR PUBLIC BROADCASTING STITUTE FOR A TERM EXPIRING SEPTEMBER 17, 1997, TO THE REPUBLIC OF EL SALVADOR. VICE JOHN F. DAFFRON, JR., TERM EXPIRED. ARMA JANE KARAER, OF VIRGINIA, A CAREER MEMBER HEIDI H. SCHULMAN, OF CALIFORNIA, TO BE A MEMBER SOPHIA H. HALL, OF ILLINOIS, TO BE A MEMBER OF OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- OF THE BOARD OF DIRECTORS OF THE CORPORATION THE BOARD OF DIRECTORS OF THE STATE JUSTICE IN- SELOR, TO BE AMBASSADOR EXTRAORDINARY AND FOR PUBLIC BROADCASTING FOR A TERM EXPIRING JAN- STITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2002. (RE- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA UARY 31, 2002, VICE MARTHA BUCHANAN, RESIGNED. APPOINTMENT)

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DEPARTMENT OF JUSTICE FOUNDATION, FOR A TERM EXPIRING MAY 10, 2002, VICE DANIEL R. EDGERTON, 0000 MARYE A. FOX, TERM EXPIRED. BERNARD E. ELLIS, 0000 ROSE OCHI, OF CALIFORNIA, TO BE DIRECTOR, COMMU- BOB H. SUZUKI, OF CALIFORNIA, TO BE A MEMBER OF PETER T. FARRELL, 0000 NITY RELATIONS SERVICE, FOR A TERM OF 4 YEARS, THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE GINA S. FARRISEE, 0000 VICE GRACE FLORES-HUGHES, TERM EXPIRED. FOUNDATION, FOR A TERM EXPIRING MAY 10, 2002, VICE WILLIAM R. FAST, 0000 JAIME OAXACA, TERM EXPIRED. OCCUPATIONAL SAFETY AND HEALTH REVIEW DENNIS O. FAVER, 0000 EAMON M. KELLY, OF LOUISIANA, TO BE A MEMBER OF THOMAS W. FEICK, 0000 COMMISSION THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE WILLIAM G. FILLMAN, 0000 FOUNDATION, FOR A TERM EXPIRING MAY 10, 2002, VICE LEONARD M. FINLEY, 0000 DANIEL GUTTMAN, OF THE DISTRICT OF COLUMBIA, TO HOWARD E. SIMMONS, TERM EXPIRED. RONALD C. FLOM, 0000 BE A MEMBER OF THE OCCUPATIONAL SAFETY AND VERA C. RUBIN, OF THE DISTRICT OF COLUMBIA, TO BE RICHARD J. FLOOD, 0000 HEALTH REVIEW COMMISSION FOR A TERM EXPIRING A MEMBER OF THE NATIONAL SCIENCE BOARD, NA- LEONARDO V. FLOR, 0000 APRIL 27, 2001, VICE EDWIN G. FOULKE, JR., TERM EX- TIONAL SCIENCE FOUNDATION, FOR A TERM EXPIRING PIRED. PATRICK J. FLYNN, 0000 MAY 10, 2002, VICE BERNARD F. BURKE, TERM EXPIRED. WILLIAM M. FORD, 0000 DEPARTMENT OF EDUCATION IN THE ARMY RICHARD P. FORMICA, 0000 RUSSELL S. FORSHAG, 0000 GERALD N. TIROZZI, OF CONNECTICUT, TO BE ASSIST- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHARLES J. FOWLER, 0000 ANT SECRETARY FOR ELEMENTARY AND SECONDARY TO THE GRADE INDICATED IN THE U.S. ARMY UNDER DANIEL H. FRENCH, 0000 EDUCATION, DEPARTMENT OF EDUCATION, VICE THOMAS TITLE 10, UNITED STATES CODE, SECTION 624: JAN R. FRYE, 0000 W. PAYZANT, RESIGNED. To be colonel MICHEAL W. FULLER, 0000 LEGAL SERVICES CORPORATION MICHAEL J. GAFFNEY, 0000 JOHN A. ADAMS, 0000 KATHLEEN M. GAINEY, 0000 HULETT HALL ASKEW, OF GEORGIA, TO BE A MEMBER AVERY V. ALLISON, 0000 RANDY L. GARNER, 0000 OF THE BOARD OF DIRECTORS OF THE LEGAL SERVICES WILLIAM H. ANDERSEN, 0000 W.C. GARRISON, 0000 CORPORATION FOR A TERM EXPIRING JULY 13, 1998. (RE- CLINTON T. ANDERSON, 0000 RALPH D. GHENT, 0000 APPOINTMENT) EDWIN W. ANDERSON, 0000 LARRY L. GHORMLEY, 0000 ERNESTINE P. WATLINGTON, OF PENNSYLVANIA, TO BE ANDREW A. ANGELACCI, 0000 RICHARD C. GONDER, 0000 A MEMBER OF THE BOARD OF DIRECTORS OF THE LEGAL BERTRAM ARMSTRONG, 0000 MICHAEL J. GOUGH, 0000 SERVICES CORPORATION FOR A TERM EXPIRING JULY 13, JAMES E. ARMSTRONG, 0000 GEORGE K. GRAMER, 0000 1999. (REAPPOINTMENT) WILLIAM R. AULTMAN, 0000 KENNETH GRAY, 0000 FEDERAL MINE SAFETY AND HEALTH REVIEW CHRISTOPHER BAGGOTT, 0000 JON D. GREER, 0000 JOHN E. BAGGOTT, 0000 JEFFREY L. GROH, 0000 COMMISSION HAROLD L. BAKKEN, 0000 THOMAS M. GROSS, 0000 JOHN M. BEDNAREK, 0000 STEVEN G. GUTHRIE, 0000 MARY LUCILLE JORDAN, OF MARYLAND, TO BE A MEM- VANGEORGE BELANGER, 0000 MICHAEL K. HAINLINE, 0000 BER OF THE FEDERAL MINE SAFETY AND HEALTH RE- AUSTIN D. BELL, 0000 MICHAEL E. HAITH, 0000 VIEW COMMISSION FOR A TERM OF 6 YEARS EXPIRING ROBERT T. BELTON, 0000 MONIQUE M. HALE, 0000 AUGUST 30, 2002. (REAPPOINTMENT) DAVID A. BENTLEY, 0000 DEWAYNE P. HALL, 0000 NATIONAL FOUNDATION ON THE ARTS AND THE GARY W. BERRY, 0000 LARRY P. HALL, 0000 HUMANITIES REGINALD R. BERRY, 0000 CARTER F. HAM, 0000 LOUIS R. BEST, 0000 WILTON L. HAM, JR., 0000 NATHAN LEVENTHAL, OF NEW YORK, TO BE A MEMBER JEFFREY C. BISCHOFF, 0000 MICHAEL N. HAMPSON, 0000 OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM NOLEN V. BIVENS, 0000 CRAIG B. HANFORD, 0000 EXPIRING SEPTEMBER 3, 2002, VICE WILLIAM BAILEY, WILLIAM BLANKMEYER, 0000 RALPH M. HARRIS, 0000 TERM EXPIRED. MICHAEL A. BLATTI, 0000 WILLIAM H. HARRIS, 0000 IVAN G. BOLDEN, 0000 JERRY D. HATLEY, 0000 UNITED STATES INSTITUTE OF PEACE VINCENT E. BOLES, 0000 MARK W. HAYS, 0000 JOSEPH LANE KIRKLAND, OF THE DISTRICT OF COLUM- DANIEL P. BOLGER, 0000 STEPHEN P. HAYWARD, 0000 BIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF JOSEPH A. BOLICK, 0000 GEORGE H. HAZEL, 0000 THE UNITED STATES INSTITUTE OF PEACE FOR A TERM STEPHEN J. BOND, 0000 FRANK G. HELMICK, 0000 EXPIRING JANUARY 19, 2001 (REAPPOINTMENT). JAMES J. BONDI, 0000 RHETT A. HERNANDEZ, 0000 DANIEL J. BOURGOINE, 0000 STEPHEN A. HICKS, 0000 JAMES MADISON MEMORIAL FELLOWSHIP GEORGE E. BOWERS, 0000 MICHAEL A. HIEMSTRA, 0000 FOUNDATION RICHARD B. BOWMAN, 0000 JAMES C. HIETT, 0000 DONALD R. BOYD, 0000 JERRY C. HILL, 0000 A.E. DICK HOWARD, OF VIRGINIA, TO BE A MEMBER OF HERCHELL A. BOYD, 0000 WALLACE B. HOBSON, 0000 THE BOARD OF TRUSTEES OF THE JAMES MADISON ME- ARTHUR BREITHAUPT, 0000 AMBROSE R. HOCK, 0000 MORIAL FELLOWSHIP FOUNDATION FOR A TERM OF 6 HOWARD B. BROMBERG, 0000 LEE J. HOCKMAN, 0000 YEARS, VICE LANCE BANNING. JAMES L. BROOKE, 0000 ROBERT I. HOIDAHL, 0000 DAVID P. BROSTROM, 0000 THOMAS A. HOLDEN, 0000 NATIONAL INSTITUTE FOR LITERACY DONALD W. BROWNE, 0000 JOSEPH HOLLENBECK, 0000 JON DEVEAUX, OF NEW YORK, TO BE A MEMBER OF THE DAVID J. BUCKLEY, 0000 BRUCE A. HOOVER, 0000 NATIONAL INSTITUTE FOR LITERACY ADVISORY BOARD DANIEL L. BURGHART, 0000 DOUGLAS L. HORN, 0000 FOR A TERM EXPIRING OCTOBER 12, 1998 (REAPPOINT- ALFRED E. BURKHARD, 0000 JOHN M. HOUSE, 0000 MENT). DANIEL J. , 0000 SAMUEL J. HUBBARD, 0000 RALPH E. BUSH, 0000 ROBERT HUDDLESTON, 0000 NATIONAL INSTITUTE FOR LITERACY ADVISORY MICHAEL P. CALDWELL, 0000 IRA H. HUDSON, 0000 BOARD CARL J. CARRANO, 0000 PAUL D. HUGHES, 0000 WALTON C. CARROLL, 0000 WILLIAM D. IVEY, 0000 ANTHONY R. SARMIENTO, OF MARYLAND, TO BE A ROBERT D. CARTER, 0000 LEONARD A. IZZO, 0000 MEMBER OF THE NATIONAL INSTITUTE FOR LITERACY CHARLES CARTWRIGHT, 0000 PAUL S. IZZO, 0000 ADVISORY BOARD FOR A TERM EXPIRING SEPTEMBER 22, CARL E. CASE, 0000 WILLIAM M. JACOBS, 0000 1998, VICE BENITA C. SOMERFIELD, TERM EXPIRED. JOHN S. CHAPPELL, 0000 CHARLES H. JACOBY, 0000 NATIONAL LABOR RELATIONS BOARD THOMAS L. CHARLSON, 0000 THEODORE J. JANOSKO, 0000 JONATHAN P. CHASE, 0000 NICHOLAS R. JOHNSEN, 0000 SARAH MCCRACKEN FOX, OF NEW YORK, TO BE A MEM- ANDREW T. CHMAR, 0000 LARRY R. JOHNSTON, 0000 BER OF THE NATIONAL LABOR RELATIONS BOARD FOR BEN F. CLAWSON, 0000 GARY M. JONES, 0000 THE TERM OF 5 YEARS EXPIRING AUGUST 27, 2000, VICE ALLEN E. CLEGHORN, 0000 MICHAEL D. JONES, 0000 JAMES M. STEPHENS, TERM EXPIRED. MICHAEL R. CLEMENTS, 0000 FRANK R. JORDAN, 0000 JAMES T. CLIFFORN, 0000 DANIEL R. JUDY, 0000 NATIONAL MEDIATION BOARD ROBERT A. CLINE,, 0000 GEORGE J. KAIGH, 0000 DAVID M. COLE, 0000 DAVID P. KAPINOS, 0000 MAGDALENA G. JACOBSEN, OF OREGON, TO BE A MEM- KENNETH S. COLLIER, 0000 KENNETH KASPRISIN, 0000 BER OF THE NATIONAL MEDIATION BOARD FOR A TERM DARIO A. COMPAIN, 0000 JOSEPH G. KAUFMANN, 0000 EXPIRING JULY 1, 1999 (REAPPOINTMENT). BURCE W. CONDREY, 0000 WILLIAM J. KAY, II, 0000 EXECUTIVE OFFICE OF THE PRESIDENT THOMAS P. CONNORS, 0000 MICHAEL KAZMIERSKI, 0000 MICHAEL L. CONRAD, 0000 KEVIN J. KEADY, 0000 PATRICIA M. MCMAHON, OF NEW HAMPSHIRE, TO BE VIRGIL W. COOK, 0000 FRANCIS H. KEARNEY, 0000 DEPUTY DIRECTOR FOR DEMAND REDUCTION, OFFICE OF OTIS E. COOKSEY, 0000 PURL K. KEEN, 0000 NATIONAL DRUG CONTROL POLICY, VICE FRED W. GAR- WILLIAM F. CRAIN, 0000 LARRY M. KEETON, 0000 CIA. ROBERT CREAR, 0000 MARK A. KELLY, 0000 NATIONAL SCIENCE FOUNDATION THOMAS R. CSRNKO, 0000 CARRIE W. KENDRICK, 0000 DAVID C. CUTLER, 0000 JAMES L. KENNON, 0000 M.R.C. GREENWOOD, OF CALIFORNIA, TO BE A MEMBER PETER G. DAUSEN, 0000 MICHAEL R. KERSHNER, 0000 OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE RONALD H. DAVIDSON, 0000 HUGO KEYNER, 0000 FOUNDATION, FOR A TERM EXPIRING MAY 10, 2002, VICE CHARLES E. DAVIS, 0000 GENE E. KING, 0000 PERRY L. ADKISSON, TERM EXPIRED. EDWIN F. DAVIS, 0000 ROBERT A. KIRSCH, 0000 JOHN A. ARMSTRONG, OF MASSACHUSETTS, TO BE A JOHN DEFREITAS, 0000 ROBERT S. KIRSCH, 0000 MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL JAMES W. DELONY, 0000 JOHN S. KLEGKA, 0000 SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, RALPH F. DELOSUA, 0000 WILLIAM S. KNOEBEL, 0000 2002, VICE THOMAS B. DAY, TERM EXPIRED. THOMAS A. DEMPSEY, 0000 REED C. KOWALCZYK, 0000 STANLEY VINCENT JASKOLSKI, OF OHIO, TO BE A MEM- DEBRA L. DEVILLE, 0000 CARL J. KREISEL, 0000 BER OF THE NATIONAL SCIENCE BOARD, NATIONAL CORTEZ K. DIAL, 0000 DANIEL W. KRUEGER, 0000 SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, JACK C. DIBRELL, 0000 BRUCE K. LADEIRA, 0000 2002, VICE JAMES JOHNSON DUDERSTADT, TERM EX- MICHELLE L. DICK, 0000 WILLIAM M. LANDRUM, 0000 PIRED. CLIFFORD M. DICKMAN, 0000 RICHARD LANGHORST, 0000 JANE LUBCHENCO, OF OREGON, TO BE A MEMBER OF JOHN T. DILLARD, 0000 MICHAEL A. LANSING, 0000 THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE RICHARD B. DRIVER, 0000 PETR F. LARSON, 0000 FOUNDATION, FOR A TERM EXPIRING MAY 10, 2000, VICE WILLIAM L. DRIVER, 0000 ROBERT P. LENNOX, 0000 W. GLENN CAMPBELL, TERM EXPIRED. MARCUS G. DUDLEY, 0000 ROBERT M. LEON, 0000 RICHARD A. TAPIA, OF TEXAS, TO BE A MEMBER OF PATRICK C. DUNKLE, 0000 MILTON K. LEWIS, 0000 THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE BERNARD J. DUNN, 0000 THOMAS LITTLEFIELD, 0000 FOUNDATION, FOR A TERM EXPIRING MAY 10, 2002, VICE HENRY A. DURAN, 0000 GREGORY J. LYNCH, 0000 PHILLIP A. GRIFFITHS, TERM EXPIRED. ROBERT E. DURBIN, 0000 TIMOTHY D. LYNCH, 0000 MARY K. GAILLARD, OF CALIFORNIA, TO BE A MEMBER JAMES C. DWYER, 0000 CLARK LYNN III, 0000 OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE JEFFREY R. EARLEY, 0000 RICHARD F. MACHAMER, 0000

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CRAIG K. MADDEN, 0000 WALTER W. POLLEY, 0000 JAMES R. TAYLOR, 0000 BRITTAIN P. MALLOW, 0000 MITCHEL T. POODRY, 0000 MERDITH W. TEMPLE, 0000 JOSEPH P. MANNING, 0000 WADE O. POPOVICH, 0000 JAMES L. TERRY, 0000 WILLIAM R. MANSELL, 0000 MICHAEL W. PRATT, 0000 HARRY G. THIGPEN, 0000 DELMAR C. MAUDLIN, 0000 JERRY V. PROCTOR, 0000 JAMES H. THOMAS, 0000 RICHARD L. MCCABE, 0000 WILLIAM R. PUTTMANN, 0000 LAURENCE E. THOMAS, 0000 JACOB M. MCFERREN, 0000 MICHAEL R. RAMPY, 0000 LEWIS H. THOMPSON, 0000 ALEX B. MCKINDRA, 0000 GUY E. RAYMOND, 0000 ROBERT L. THOMSON, 0000 JOHN P. MCMULLEN, 0000 MARK J. REDLINGER, 0000 JAMES R. TIREY, 0000 ROBERT J. MCNEIL, 0000 DAVID J. REHBEIN, 0000 DAVID E. TITUS, 0000 JOHN B. MESSAMORE, 0000 JOHN J. REIDT, 0000 MARY L. TORGERSEN, 0000 FRANK W. MILLER, 0000 KEVIN P. REYNOLDS, 0000 BARRY N. TOTTEN, 0000 RICHARD W. MILLS, 0000 DAVID R. RIDENOUR, 0000 LOUIS A. TRAVERZO, 0000 JAMES R. MORAN, 0000 SIDNEY E. RILEY, 0000 ROBERT W. TROST, 0000 JOHN W. MORGAN, 0000 TOMAS R. RILEY, 0000 WILLIAM J. TROY, 0000 WILLIAM M. MORGAN, 0000 JOSE D. RIOJAS, 0000 LARRY L. TURGEON, 0000 DAVID K. MORROW, 0000 RONNIE R. ROBERTS, 0000 FRANK D. TURNER, 0000 GREGG R. MORTENSEN, 0000 THOMAS E. ROBERTS, 0000 THOMAS G. TURNING, 0000 ANITA L. MOYER, 0000 MITCHELL S. ROSS, 0000 LEOCADIO MUNIZ, 0000 FLORIAN ROTHBRUST, 0000 LEE A. VAN ARSDALE, 0000 DENNIS M. MURPHY, 0000 L.C. RUSH JR., 0000 EDWIN F. VEIGA, 0000 ROGER F. MURTIE, 0000 CALVIN L. RUSSELL, 0000 JAMES L. VELKY, 0000 GRAVES T. MYERS, 0000 JACK W. RUSSELL, 0000 SEAN M. WACHUTKA, 0000 NILGUN O. NESBETT, 0000 OLIN E. SAUNDERS, 0000 GREGORY D. WALKER, 0000 JOSEPH G. NESBITT, 0000 MARK E. SCHEID, 0000 ROSE A. WALKER, 0000 CLARENCE C. NEWBY, 0000 JEFFREY SCHOLESSER, 0000 GERARD M. WALSH, 0000 THOMAS R. NORREN, 0000 JOSEPH K. SCHMITT, 0000 TIMOTHY G. WANSBURY, 0000 KENNETH OBERMEYER, 0000 PAUL W. SELF, 0000 BARRY M. WARD, 0000 HOWARD A. OLSEN, 0000 ROBIN B. SELLERS, 0000 JAMES E. WARD, 0000 AUSTIN R. OMILE, 0000 THOMAS M. SHEA, 0000 DAVID W. WASHECHEK, 0000 MARK E. ONEILL, 0000 CLAUDE W. SHIPLEY, 0000 JOSEPH E. WASIAK, 0000 JOHN R. OSWEILER, 0000 MICHAEL R. SIMONE, 0000 RICHARD WATERHOUSE, 0000 CLYDE A. PAGE, 0000 EDWARD J. SINCLAIR, 0000 JAMES S. WELLER, 0000 MICHAEL L. PARKER, 0000 DAVID L. SLOTWINSKI, 0000 BILLY E. , 0000 WAYLAND E. PARKER, 0000 WILLIAM D. STALEY, 0000 LARRY R. WEST, 0000 WILLIAM PARTRIDGE, 0000 ANDREW J. STANLEY, 0000 RICHARD D. WEST, 0000 DAN B. PATTERSON, 0000 RANDELL STANSFIELD, 0000 SCOTT G. WEST, 0000 ERVIN PEARSON, 0000 JIMMY D. STEPHENS, 0000 JOHN S. WESTWOOD, 0000 MICHAEL R. PELKEY, 0000 MICHAEL J. STEWART, 0000 KENNETH C. WHITE, 0000 RICHARD R. PEREZ, 0000 CHRISTOPHER STJOHN, 0000 MOSES J. WHITEHURST, 0000 MICHAEL T. PERRIN, 0000 SAMUEL K. STOUFFER, 0000 WANDA E. WILSON, 0000 KEVIN C. PETERSON, 0000 HENRY W. SUCHTING, 0000 NAPOLEON WRIGHT, 0000 KENNETH A. PIERSON, 0000 BRUCE A. SYDNOR, 0000 RANDY C. WRIGHT, 0000 DANIEL W. PIKE, 0000 NICHOLAS J. SZASZ, 0000 ANDREW E. WYNARSKY, 0000 CARROLL F. POLLETT, 0000 RANDAL G. TART, 0000 KENNETH M. YOUNGER, 0000

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INTRODUCTION OF LEGISLATION France with North Vietnamese and South Viet- counsel for the NAACP. As the lead attorney namese delegations and the American ambas- in Brown v. Board of Education, Marshall was HON. LINDSEY O. GRAHAM sador. During our stay he encouraged an instrumental in convincing the Supreme Court to overturn the 1898 separate but equal ruling OF SOUTH CAROLINA open discussion in which he questioned, chal- lenged and explored solutions to this problem of Plessy v. Ferguson, and begin the process IN THE HOUSE OF REPRESENTATIVES of international scope. of ending discrimination in public education. Thursday, January 9, 1997 Hubert Anderson was born and raised in As a justice of the U.S. Court of Appeals in Mr. GRAHAM. Mr. Speaker, as the 105th Dwight, ND. He attended high school in the Second Circuit, Marshall wrote over 150 Congress addresses the issue of financing Wahpeton, ND, and in Minneapolis, dropping decisions which included support for immigrant campaigns, I believe we must first change the out during his senior year to join the Navy. He rights, limiting government intrusion in illegal nature of our election cycle and limit the num- was stationed in Bermuda for part of his tour search and seizure, double jeopardy and right ber of terms a Member can serve. The recent and was chosen to run the admiral's launch to privacy cases. As U.S. Solicitor General, elections demonstrate that action on both that took President Truman deep sea fishing. Marshall won 14 of the 19 cases he presented campaign finance reform and term limits is An avid sportsman, he played offense and de- before the Supreme Court. In 1967, Thurgood Marshall became the first needed and desired by the American people. fense and was captain of the Navy football African-American appointed to the U.S. Su- team. He contracted rheumatic fever during Today, I am introducing legislation that com- preme Court. He served as an Associate Jus- his service and suffered from its effects for the bines a solution for achieving term limits and tice on the Court for 24 years, retiring in 1991. rest of his life. easing campaign finance burdens. This He left a strong legacy of commitment to the amendment would limit Members of the House Hubert finished his high school equivalency weak and poor in America's justice system. to three 4-year terms and limit Senators to two degree in the military. He went on to the Uni- Accordingly, I strongly urge my colleagues 6-year terms. This is a lifetime ban. It would versity of Minnesota, the Wahpeton State to join me in supporting this important legisla- take effect only on terms of office beginning School of Science, and graduated magna cum tion, which will honor the memory of Justice after the ratification of the amendment. By ex- laude from Moorhead State University. He Marshall and help preserve his legacy, by des- tending the terms of Representatives from 2 to later earned a master's degree and completed ignating the U.S. courthouse under construc- 4 years, we can better limit the influence of doctoral work at the University of Minnesota. tion in White Plains, NY, as the Thurgood politics and elections in the House and focus During his early college career, he played Marshall U.S. Courthouse. on better policies and laws for our country. AAA baseball with the Minot, ND, Mallards f Additionally, Members of the House would not and pitched against such notables as Satchel be burdened by increasingly expensive elec- Paige and Roger Maris. TODD LANE ELEMENTARY’S GIFT tions every 2 years because the terms would As an English, drama and debate teacher at TO THE BEAVER COUNTY TIMES be increased to 4. Hopkins High School for 30 years, Hubert An- GIVE-A-CHRISTMAS CAMPAIGN Fundamental institutional change is needed derson was a mentor to students in and out of in order to improve the American people's the classroom. He led several debate teams to HON. RON KLINK confidence in Congress and to return to the State championships, served on the faculty OF PENNSYLVANIA Founding Fathers' ideal of a citizen legislature. senate, and supported the American Field IN THE HOUSE OF REPRESENTATIVES We should abide by the will of the people and Service Program. Thursday, January 9, 1997 Hubert Anderson will be remembered as an end career politics as we know it. While term Mr. KLINK. Mr. Speaker, I rise today in avid reader, a lover of language, and a re- limits will not solve all our country's problems, order to recognize the students and faculty of markable individual whose ideas reached far or the need to overhaul our campaign finance Todd Lane Elementary School in Center and wide. His genuine enthusiasm for Amer- system, it is a large step in the right direction. Township, Pennsylvania. It continues the process of reform and ican politics prompted people of all ages to For the past quarter century, the Beaver strengthens the integrity of Congress. Let us become interested in government and civil County Times, in conjunction with the Salva- succeed where we failed last congress and service. Because I experienced Hubert Ander- tion Army holds a donation drive known as the pass term limits. son's vitality and wisdom firsthand, I've no Give-A-Christmas Campaign. Its goal is to pro- f doubt that this tireless role model made Hop- vide food and other necessities during the hol- kins, MN, a richer place to live. IN MEMORY OF HUBERT A. AN- iday season to those who are less fortunate. As friends and family reflect on his lifetime This year, like the past 20 years, the students DERSON—CIVIL RIGHTS AND of achievement and scholarship, it is only fit- WORLD PEACE ADVOCATE and faculty of Todd Lane Elementary have ting that we also pay tribute to this great man participated in the Give-A-Christmas cam- and good friend. paign. In an unprecedented showing of sup- HON. FORTNEY PETE STARK f port Todd Lane was able to raise over OF CALIFORNIA THURGOOD MARSHALL $10,650 in less than 1 month. IN THE HOUSE OF REPRESENTATIVES Through various donations as well as a COURTHOUSE BILL Thursday, January 9, 1997 highly successful candy sale, the students and faculty were able to give their largest donation Mr. STARK. Mr. Speaker, today I wish to HON. BENJAMIN A. GILMAN ever to the Salvation Army. In the words of pay tribute to an educator, activist, and my OF NEW YORK Principal John Zigerelli, ``This year's record- longtime personal friend, Hubert A. Anderson, IN THE HOUSE OF REPRESENTATIVES breaking total collection is a testimony to that who passed away recently in Hopkins, MN, at Thursday, January 9, 1997 accomplishment.'' Furthermore, the effort put the age of 68. forth by Todd Lane shows a true commitment I was privileged to know Hubert Anderson at Mr. GILMAN. Mr. Speaker, I rise today in to their community, the 4th Congressional Dis- a special time in our lives and in our Nation's strong support of the Thurgood Marshall trict, and our Nation. history. As a grass roots activist, Mr. Anderson Courthouse bill. With the help of the students and faculty of took special interest in civil rights issues and I do not believe that I am exaggerating Todd Lane Elementary this year's goal of the anti-Vietnam war movement. In 1970, a when I state that history will regard Justice $67,500 was met and exceeded by thousands. group of 31 Americans, including Hubert An- Marshall as one of the most influential individ- Since the advent of the Give-A-Christmas derson and myself, traveled to Paris with the uals in the fields of constitutional and civil Campaign, more than $1 million has been People's Commission of Inquiry to discuss so- rights law in the 20th century. contributed. Todd Lane Elementary has con- lutions to the war. Anderson, along with our Justice Marshall had a long and distin- tributed over $115,000 or 11 percent of that group, participated in a week of talks in guished career as an assistant and later chief generous amount.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E74 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1997 I would like to take this opportunity to ap- INTRODUCING THE ATOMIC John is a masterful communicator, highly re- plaud the students and faculty of Todd Lane VETERANS MEDAL ACT garded for his ability to further mutually re- Elementary as well the residents of Center spected relationships between and among Township who have donated year after year. HON. BILL RICHARDSON communities. Committed to empowering oth- Without you, Give-a-Christmas would not be OF NEW MEXICO ers to recognize and actualize their full poten- possible. Your contributions have not gone un- IN THE HOUSE OF REPRESENTATIVES tial, John delivers dozens of presentations noticed. Also a special thanks to Todd Lane's Thursday, January 9, 1997 each year on career change, technology, program coordinators: Larry Deep, Paul networking, personal growth and DeFilippi, Peggy Coladonato, Cindy Halsac, Mr. RICHARDSON. Mr. Speaker, today I am empowerment. A Coro alumnus with an exten- Kathy Fouse, and Principal Zigerelli. They introducing legislation that will award a medal sive record of community involvement, he should all be commended for their outstanding for the service of America's atomic veterans. serves on boards of the Coro Foundation, the My bill will recognize the sacrifice that these efforts. East West Players, the Rose Bowl Operating long forgotten veterans gave to their country. On behalf of the thousands of families who Co., the Asian Pacific Women's Center, and These soldiers were placed in harm's way by have been fed, clothed and provided with the Council for Advancement and Support of their country, and in many cases they were Christmas gifts, I stand before my fellow mem- Education. unaware of the dangers they faced. Many of bers of Congress and thank you for a job well Mr. Speaker, I ask that you join me, our col- these veterans have suffered severe health done. You have demonstrated the true mean- leagues, John's wife, Sarah, and his three problems due to the radiation exposure they ing of the holiday season. children, in recognizing the many important suffered during their service. Recognizing contributions of this remarkable man. For his f these veterans with a medal that signifies their many year of dedicated service, it is only ap- extraordinary contribution to our national de- propriate that the House recognize John COLLEGE OF SAN MATEO’S 75th fense is the right thing for America to do. Kobara today. I hope that you will join me in working to ANNIVERSARY f pass this bill in the 105th Congress and give HON. TOM LANTOS long overdue recognition to these brave Amer- HEALTH INSURANCE ASSISTANCE icans. FOR THOSE 55 AND OLDER OF CALIFORNIA f IN THE HOUSE OF REPRESENTATIVES Thursday, January 9, 1997 TRIBUTE TO JOHN E. KOBARA HON. FORTNEY PETE STARK OF CALIFORNIA Mr. LANTOS. Mr. Speaker, I would like to HON. JERRY LEWIS IN THE HOUSE OF REPRESENTATIVES bring attention to the outstanding achieve- OF CALIFORNIA Thursday, January 9, 1997 ments of the College of San Mateo and con- IN THE HOUSE OF REPRESENTATIVES gratulate the institution on its 75th anniversary. Mr. STARK. Mr. Speaker, in the 104th Con- As one of the leading community colleges in Thursday, January 9, 1997 gress, I introduced legislation to provide as- California, I have the pleasure of having this Mr. LEWIS of California. Mr. Speaker, I sistance in obtaining health insurance to those college in my district. would like to bring to your attention the fine 55 and older. Today, I rise again to introduce Founded in 1922 as the first community col- work and outstanding public service of John E. the same legislation to make the COBRA lege on the Bay Area Peninsula, the College Kobara, the departing associate vice chan- health continuation program available to any- of San Mateo rose to meet the needs of the cellor of university relations at UCLA. For the one between age 55 and the time they be- community. As the cost of universities rose, last 20 years, John has been leading and come eligible for Medicare. educators in San Mateo saw the need to pro- managing diverse, complex, and innovative or- The 1990's have confronted us with many vide education for those who could not afford ganizations with close ties to the higher edu- difficult issues, both foreign and domestic. 4 year universities. The College of San Mateo cation community. One issue in particular impacts an acted as a bridge to the University of Califor- John is a graduate of UCLA where he re- everincreasing segment of our population. Ac- nia and Stanford when higher education be- ceived his BA in political science and soci- cording to statistics from the Department of came increasingly more important. Here, stu- ology before going on to earn an MA in urban Labor, in 1988, there were 13.1 million private dents could save money and still receive a studies at Occidental College, and an MBA in sector retirees and 4.9 million had health in- high quality education. marketing and finance at the University of surance coverage. In 1994, the number of pri- The College of San Mateo never stopped Southern California. As an undergraduate he vate sector retirees had risen to 17.4 million serving the community. When World War II served on the Undergraduate Student Asso- but the number of individuals covered by struck, the college became the top support ciation, the student body of UCLA, dem- health insurance had declined to 4.7 million. In center in northern California. As Dean Moris onstrating an early thirst for involvement in the other words, the proportion of private sector stated: affairs of the campus and an abiding concern retirees covered by health insurance from a If the need was to have remedial courses, for its welfare. These traits, coupled with his former employer dropped from 37 percent in then there would be remedial courses. If a love of UCLA, would become landmarks of his 1988 to 27 percent in 1994. trade school was needed, then trade school professional career with the university. John is As the level of employer-provided insurance classes would be provided. If the community deeply committed to the realm of education declines and as hundreds of thousands of requested adult education, then an adult and to addressing the issues of diversity and older workers face early retirement because of school would be formed. multiculturalism in education and in society at corporate down-fixing, layoffs, and restructur- The college became an invaluable asset to large. ing, the problem of health insurance for those the community and a most valuable tool for As associate vice chancellor for university not-yet-eligible for Medicare is becoming more the economic future of the region. relations at UCLA, John has served as the and more serious. Hundreds of thousands of students have chief external relations officer for the institu- As Corporate America continues to focus on been educated by the College of San Mateo tion, overseeing the public relations, alumni re- profit levels, often at the expense of providing since its founding 75 years ago. The college lations, campus-wide marketing, government health insurance benefits to workers, these in- has helped start two other community colleges affairs and special events, and protocol of- dividuals face an uncertain and frightening fu- in the county and has been the only commu- fices. Bringing tremendous vision to this role, ture in the health care arena. The steady de- nity college in northern California to sustain he has been instrumental in UCLA's embrace cline in coverage among active workers trans- both a television and radio station. of advanced information technology in its ex- lates into lower likelihold of retiree health ben- As the college of San Mateo approaches ternal affairs programs, and in guiding the uni- efits being available. the 21st century, the outlook of the community versity onto its present course as a leader on The frightening reality of this situation will is very bright. For those student that are un- the information superhighway. Prior to serving only get worse. In 1994, almost 24 percent of able to attend 4 year institutions, this college in this role, John served as executive director retireesÐ4.1 million, were between the ages is an equal alternative. I am proud to acknowl- of the UCLA Alumni Association. His multifac- of 55 and 64. The pressure on retiree health edge the outstanding job the College of San eted career has also included positions as plans will only increase as the number of per- Mateo has done educating our community for vice president and general manager of a cable sons over the age of 55 nearly doublesÐfrom the past 75 years and will continue into the television station, president of a theater, and 55 million today to nearly 100 millionÐby the next century. president of a trade association. year 2020. January 9, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E75 There exist numerous examples that help cies of State Medicaid policies. But for many Retirees aged 65 and older can fall back on demonstrate the significance of the situation to others, this bill will provide an important bridge the federal Medicare program, but in most the older workers. to age 65 when they will be eligible for Medi- cases that covers only the individual. Retir- In October 1996, Philips Consumer Elec- care. I wish we could do more, but in the cur- ees with younger spouses or children will have to find other coverage for them. tronic Co. gave about 2,000 employees layoff rent climate, this bill is our best hope. We can- Reich said the problem is growing as the warning notices. Union leaders involved con- not allow the everincreasing ranks of early re- number of retirees rises. He said the depart- tend that companies make these moves in tirees to be without options in addressing nec- ment is considering seeking legislation next part to get rid of older workers who cost more essary health insurance needs. year, assuming President Clinton is re- in wages and pension and health benefits and The following November 3, 1996 Washing- elected, that would at a minimum require replace them with lower-wage, younger work- ton Post article provides further data on why ‘‘clearer disclosure so that workers know ex- ers. we need to pass this bill. actly what they are being promised.’’ At the other end of the option range, Reich RETIRING? DON’T ASSUME HEALTH BENEFITS In October 1996, the Massachusetts State said, might be legislation that would ensure ARE FOREVER Department of Employment and Training con- that these promises ‘‘are treated like any firmed that 36.1 percent of people claiming un- (By Albert B. Crenshaw) other contracts. . . . If you have a reliance in- employment checks in August of the same For 14 years, James Murdock worked as a terest then they are enforceable.’’ year were 45 or olderÐusually considered the brewing supervisor at Pabst Brewing Co., He said the 1974 Employee Retirement In- most productive, reliable group of workers. putting in long hours at the big Milwaukee- come Security Act sweeps these issues into based beer producer. But two years ago, the federal courts as pension issues rather In November 1995, Sunbeam Corp. an- when his wife developed multiple sclerosis, nounced that nearly 6,300 employees, half of than contract disputes that would be han- he decided to take early retirement to be dled under state contract law. The federal its total work force would be let go. with her. courts have been ‘‘all over the place’’ on the At AT&T, 34,000 jobs had to be cut. Work- He checked the company’s employee man- issue, he said, making it very difficult for ers were to receive a lump-sum payment ual, which he said ‘‘guaranteed’’ health care workers and retirees to determine whether based on years of service, up to 1 year of coverage until age 65, including early retir- their benefits are guaranteed. paid health benefits and cash to cover tuition ees and their dependents. In a number of cases, the company has But after giving Pabst notice and even sell- costs or to start a new businessÐbut what seemed to guarantee the benefits in one ing his home, Murdock got a computer print- place in their benefit plan documents, but happens to health coverage after 1 year? out describing his benefits. ‘‘Near the bot- Two giant New York City banks, Chase has backed away from it somewhere else. In tom was a sentence that said in essence that a case involving former salaried workers at Manhattan and Chemical recently combined they had the right to modify, rescind, cancel General Motors Corp. whose benefits were and 12,000 jobs from the combined banks and so on’’ his and his wife’s health insur- cut, a federal appellate court has allowed were subsequently cut. ance, he recalled last week. legal claims to proceed. At Pabst, though, a ‘‘It was the first I knew about it. By then Since 1990, United Technologies has cut federal district court ruled against retirees it was too late’’ to halt his retirement. ‘‘My 33,000 jobs. who lost coverage. Both cases are still in replacement was there and trained,’’ he said. In 1994, Scott Paper cut 11,000 jobs or 35 Company officials were reassuring. ‘‘They litigation. Reich acknowledged that employers are percent of their work force. said they never canceled anybody’s benefits not required to provide health insurance for A 1994 Nationwide study of 2,395 employ- before,’’ Murdock said. ers by A. Foster Higgins & Co., a New York- But this time they did. workers or retirees, and any regulatory or Less than two years after his retirement, legislative changes must strike a balance— based benefits consulting firm, showed that protecting workers without discouraging among large companiesÐthose with 500 or Murdock is working part-time as a clerk in a hardware store to pay the premiums on a companies from offering the benefits in the more employeesÐ46 percent provide some policy for himself. His wife, Carol, is unin- first place. form of coverage for early retirees, while only surable and has no coverage. The couple is The Labor Department’s Pension and Wel- 39 percent provide insurance for Medicare-eli- praying her health holds up until next May, fare Benefits Administration has issued a gible retirees. Fewer than one in five large when she becomes eligible for Medicare be- brief advisory bulletin that outlines steps employers are willing to pay the entire cost of cause of her disability. you can take to assess your situation and to ‘‘That’s going to be our oasis in the desert. try to protect yourself. health care for their retirees, while 40 percent The key step is to review your company’s of the companies that do offer some form of I just hope we can get there before there’s any major problems,’’ he said. plan documents, which describe the benefits health care coverage require the retiree to pay Murdock’s is not an isolated case. Rising offered, spell out eligibility and give other all of the costs. Those companies that do pro- medical costs and pressure for profits are details. vide health care coverage for their retirees are driving more and more large employers to First, look at your Summary Plan Descrip- increasingly requiring them to pay a share of end or sharply curtail health care coverage tion. This gives the major features of the the cost, especially for dependents. for retirees. Others are boosting the share of plan. It can be changed from year to year or Group health insurance is, of course, much the costs retirees are expected to pick up. contract to contract, so make sure you get a current one. The one in effect on the date less expensive than individual policy insur- As recently as 1988, about 37 percent of re- tirees were covered by health insurance from you retire is the controlling document—get a ance, and that is why the COBRA benefit is so a former employer; by 1994 that share had copy and keep it. vital and useful. The difference in cost for ob- dropped to 27 percent. And those who still There may be other documents as well, taining group versus individual health insur- have coverage are paying more: In the same such as a collective bargaining agreement or ance can easily be several thousand dollars. 1988–94 period, the proportion of retirees with an insurance contract. Look at them as well. Receiving help with the cost of this insur- coverage whose entire premium was paid by In the documents, look for language that ance is particularly important for those in their the companies declined to 42 percent from 50 looks like a clear promise to continue bene- fits or provide them for a certain period. But 50's and 60's because most insurance pre- percent. In thousands of cases, workers and retirees also look for language reserving the right to miums rise sharply with age. For example, in are being caught by surprise, either because change or eliminate them. the Los Angeles market, Blue Cross of Califor- they assumed that the benefits always would This ‘‘reservation clause’’ typically will nia offers a basic, barebones in-hospital be there, or because materials given to them say something like: ‘‘The company reserves $2,000 deductible plan. This plan is a PPO by employers indicated that they would, but the right to modify, revoke, suspend, termi- which restricts options for hospital usage. For didn’t really promise. nate or change the program, in whole or in a couple under age 29, the cost is $64 a The courts are full of cases that turn on part, at any time.’’ month. For a couple between age 60 and 64, the question of what was a binding promise It’s likely to be there. Companies want to and what was not. The Labor Department is avoid open-ended promises to workers and the cost soars to $229 a month. involved in lawsuits on behalf of about 87,000 retirees. In order to ensure that the cost of COBRA retirees—including 800 from Pabst—whose When both a promise and a reservation are continuation is not an excessive burden to benefits have been eliminated or reduced. there, it’s not clear what your rights will be. business, my bill calls for age-55+enrollees to ‘‘Employees very often are premising their Some courts have refused to enforce what pay 110 percent of the group rate policyÐ entire financial planning for retirement on seemed to be a clear promise if there was a compared to 102 percent for most current the basis of the promises that are made to reservation clause; others have enforced a COBRA eligible individuals and 150 percent them by their employers,’’ Labor Secretary promise contained in the summary even for disabled COBRA enrollees. Robert B. Reich said last week. though there was a reservation clause else- ‘‘Promises are made or assumed to be made where in the plan documents. I realize that the cost of paying one's share and employees rely on them and then sud- Hang on to any other communications of a group insurance policy will still be too denly discover that they are not there. Re- your company or supervisors give you. much of a burden for many Americans. Many tirees can be left holding the bag, can be in Courts sometimes take into account infor- of them will be forced into the uncertain mer- severe difficulty,’’ he said. mal communications in deciding rights. E76 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1997 If you are taking early retirement, check any Government official who knowingly and Milton could not have been such an integral out the documents concerning its terms. willfully withholds information related to the part of educating and promoting conservation Special promises made in such deals can disappearance, whereabouts, and status of a efforts without the support of his wife, Lela, override other plan documents. And don’t be shy about protecting yourself. missing person. who he married in 1940 and his son and If you can negotiate a personal promise of Prompt and proper notification of any new daughter-in-law, Ron and Mary Bergeron and health insurance for yourself and/or depend- information is essential to the successful in- his daughter and son-in-law, Ronella and Ron ents in retirement, do it. If your company is vestigation of each POW/MIA case. This can- Berlinski. anxious to see you go, it may well agree. not be achieved if individual bureaucrats delib- Mr. Speaker, as you can see, Milton is a Talk to experts as well. If you’re in a erately seek to derail the process. leader in his fieldÐeducating people of all union, officials there can be helpful. Or you The opponents of the Missing Service Per- ages on the importance of conservation ef- may want to run the material by a labor sonnel Act have to this day never offered any lawyer. There’s a lot of money at stake. forts. His generous contributions over the Free copies of the Labor Department bul- credible reasons for their opposition to the leg- years should be applauded and I commend letin are available from the Pension and islation. Rather than create more redtape I be- Milton Bergeron for his many accomplish- Welfare Benefits Administration’s publica- lieve these provisions will help streamline the ments. tion hotline at 202–219–9247. It’s also on the bureaucracy and improve the investigation f World Wide Web, at http://www.dol.gov/dol/ process. pwba/. Moreover the Missing Service Personnel Act THE TWENTY-FIRST CENTURY f has not been public law long enough to be PATENT SYSTEM IMPROVEMENT adequately evaluated. To repeal provisions of ACT POW/MIA RESTORATION ACT a law after 5 months does not make sense, especially when that law has not yet had a HON. HOWARD COBLE HON. BENJAMIN A. GILMAN chance to be tested. OF NORTH CAROLINA OF NEW YORK Accordingly, I urge my colleagues today to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES join me in supporting the POW/MIA Restora- Thursday, January 9, 1997 Thursday, January 9, 1997 tion Act. f Mr. COBLE. Mr. Speaker, today I am Mr. GILMAN. Mr. Speaker, I rise today to in- pleased to introduce an updated version of troduce the POW/MIA Restoration Act. Last MILTON BERGERON, A MAN OF legislation originally drafted in the last Con- year, this body secured a victory for U.S. serv- HEART AND SOIL gress by two former members of the Judiciary ice personnel, their families, and the families Committee who have since retired, Carlos of POW/MIA's by winning the passage of H.R. HON. JAMES A. BARCIA Moorhead and Pat Schroeder. Many of us 945, the Missing Service Personnel Act. OF MICHIGAN were cosponsors in the 104th Congress, in- H.R. 945 received unanimous support in the IN THE HOUSE OF REPRESENTATIVES House as part of the Department of Defense cluding our distinguished chairman, Mr. HYDE, Authorization Act of 1996. Thursday, January 9, 1997 and ranking member, Mr. CONYERS. Original Unable to prevent the passage of H.R. 945, Mr. BARCIA. Mr. Speaker, I rise today to cosponsors of this bill include Mr. GOODLATTE, the opponents of the legislation waited until pay tribute to Milton Bergeron, who success- a senior member of the Subcommittee on last summer to attach a Senate amendment to fully combined teaching and conservation courts and Intellectual Property, Mr. CONYERS, the 1997 Defense Authorization Conference practices, his two passions, to make an impor- and Ms. LOFGREN, also a member of the sub- Report. That amendment essentially tore the tant impact on the conservation efforts in committee. heart out of the Missing Service Personnel Arenac County. This legislation is necessary to allow Amer- Act. Milton is retiring from the Arenac Soil Con- ican businesses to compete effectively in mar- In response, along with other supporters of servation District Board after serving for 13 kets today and into the 21st century. The Unit- our Nation's POW/MIA's, I introduced H.R. terms or 39 years. Elected to the Arenac Soil ed States is by far the world's largest producer 4000, which would have restored the provi- Conservation District Board in 1958, Milton of intellectual property. This success is of sions which were stripped out by the Senate has held the position of chairman, vice chair, course due to the great creativity of our citi- amendment. Unfortunately, while H.R. 4000 secretary, and treasurer. While serving on the zens, but this success is also the direct result was passed unanimously by the House, it fell board, he taught and shared his knowledge of of a rational and sound policy of protecting in- victim to the procedural rules of the Senate conservation with farmers, students, and tellectual propertyÐa system that encourages which were skillfully used by the bill's oppo- teachers. the development of new inventions and proc- nents to ensure that it was not taken up for Born in Sterling, MI, Milton began his career esses. However, America does not have a consideration before Congress adjourned. in Holly, MI. he moved to Clintonville where he monopoly on creativity. Many other nations The POW/MIA Restoration Act would re- taught at School House Lake before becoming have learned from our successÐAmerica no store the provisions stricken from the Missing the principal of Waterford. He enjoyed teach- longer stands alone in its commitment to a Service Personnel Act by the Senate amend- ing and working with young people, but his strong system of patent protection for its in- ment. real love was farming. He bought his first 40 ventors, small businesses and industries. Con- The first provision to be restored requires acre parcel and never stopped teaching, by sequently, it is more important now than ever that military commanders report and initiate a sharing with other farmers conservation prac- that we adopt certain reforms that will ensure search for any missing service personnel with- tices, he utilized in his own farming operation. that America maintains its position as the in 48 hours, rather than 10 days as proposed He founded an education program for the world leader in the production of intellectual by the Senate amendment. While current reg- Arenac Conservation Board to help young property. ulations require local commanders to report people understand the importance of preserv- Under current law, foreign companies enjoy any individual missing for more than 24 hours, ing high quality water and soil. Meeting with certain benefits in America that American such missing often fall through the cracks, es- several teachers in the area, they started pro- companies do not enjoy in their countries, like pecially during military operations. grams such as the annual poster contest now the advantages of publication and prior user The second provision covers missing civilian in its 30th year, the annual Arbor Day celebra- rights; the changes proposed today are espe- employees of the Defense Department. These tions and taking fifth graders on an annual cially useful for small businessesÐmany of civilians are in the field under orders to assist tour since the early 1970's. which simply will not survive if foreign com- our military, and deserve the same protections Milton's dual passion for education and con- petitors continue to operate on a tilted playing afforded our men and women in uniform. servation fueled him to work with local teach- field in America. The third provision to be restored states that ers and the Department of Agriculture to spon- This legislation will benefit American inven- if a body were recovered and could not be sor a soil judging contest for high school stu- tors and innovators and society at large. First, identified by visual means, that a certification dents. Also wanting to recognize the teachers by providing more efficient and effective oper- by a credible forensic authority must be made. who were promoting conservation efforts in ation of the Patent and Trademark Office; sec- There have been too many recent cases their classrooms, Milton presented a teacher ond, by furthering the constitutional incentive where misidentification of remains has caused of the year award at the district's annual meet- to disseminate information regarding new undue trauma for families. ing. Although Milton will continue to farm part technologies more rapidly; third, by guarantee- Finally, H.R. 4000 would restore the provi- time and participate in 4±H, church and com- ing that patent applicants will not lose patent sion which would require criminal penalties for munity service. term due to delays that are not their fault; January 9, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E77 fourth, by improving the procedures for review- that the en banc manager’s amendment ad- Equal Access to Justice Act (EAJA), 28 ing the work product of patent examiners; fifth, dresses the central Constitutional and policy U.S.C. § 2412(d). By contrast to EAJA, section by protecting earlier domestic commercial concerns of the Department of Justice with 604 would provide for attorneys’ fees even Title I. where the position taken by the Government users of patented technologies; and sixth, by We are committed to continuing to work is substantially justified by the law. This deterring invention promoters from defrauding together this year and in the future to per- provision would, in fact, place the Govern- unsuspecting inventors. fect this bipartisan effort to invent anew the ment in a worse position than a private de- As I mentioned, this legislation is the suc- Patent and Trademark Office so that it will fendant in a patent infringement suit, cessor to a bill developed by the Judiciary remain one of the Nation’s most important against whom attorney fees can be awarded Subcommittee on Courts and Intellectual Prop- resources for protecting and encouraging the in ‘‘exceptional’’ cases. The provisions would erty in the last Congress and reported by preeminence of American innovation. We be- discourage appropriate settlements and en- gender unnecessary litigation, by allowing unanimous vote by the Judiciary Committee lieve, for example, that there is still further work that we must do to address our con- private litigants to reject reasonable settle- late in the second session. The version of the cerns in the area of procurement, where we ment offers safe in the knowledge that the bill that I am introducing today is nearly iden- believe that the exemptions are broader than Government will pay their attorneys’ fees tical to last year's bill, and includes the con- necessary to provide the flexibilities re- even if they are awarded damages less than tents of a manager's amendment that was de- quired. the settlement offer. For these reasons, the veloped with the Senate, the administration H.R. 3460 contains five other titles that we Administration will continue to seek dele- and the House Government Reform and Over- believe will substantially improve the level tion of Section 604 before final Congressional action on this legislation. sight Committee and which would have been of patent protection provided in the United States. These patent reforms are supported Once again, we thank you for your com- offered if the bill had been scheduled for a by the Administration and are of great im- mitment to working together in the spirit of vote in the House. This legislation was the portance to the Nation’s economic competi- bipartisan cooperation to craft legislation subject of several days of hearings in the last tiveness. We hope that they can be enacted that provides for important patent reforms Congress. in legislation this session. to help to ensure our nation’s continued eco- I would like to place in the RECORD a letter Title II provides for the publication of pat- nomic growth. The Administration strongly written by the Secretary of Commerce on Sep- ent applications eighteen months after the supports House passage of H.R. 3460 with the date on which they are filed or from the date en banc manager’s amendment. tember 12, 1996, that expressed the strong Sincerely, support of the Clinton administration for last on which the earliest referenced application was filed. This publication will help prevent MICHAEL KANTOR. year's bill, including the proposed manager's economic disruption by those who now delay My bill is supported by an exceptionally amendment. the grant of patents to extend their period of large and diverse coalition of small and large THE SECRETARY OF COMMERCE, protection unfairly. It will also promote pat- companies, independent inventors and asso- Washington, DC, September 12, 1996. ent law harmonization that in the longer ciations representing every type of U.S. indus- Hon. CARLOS J. MOORHEAD, term will make it easier and cheaper for our try and inventor that utilizes the patent system. Chairman, Subcommittee on Courts and Intel- small businesses and individual inventors to ligence Property, Committee on the Judici- obtain protection abroad, as well as discour- The coalition includes companies that are re- ary, House of Representatives, Washington, aging duplicative research. As a safeguard sponsible for large numbers of high wage DC. for those whose applications are published, it manufacturing jobs in America, such as DEAR MR. CHAIRMAN: Thank you for your establishes a provisional patent right that Microsoft Corp., Digital Equipment Corp., IBM letter regarding Title I of H.R. 3460. The De- allows a patent owner to obtain a reasonable Corp., Intel Corp., Caterpillar, Inc., Ford Motor partment of Commerce is pleased that we royalty if, between the date of publication Co., General Electric Co., Illinois Tool Works, have been able to work together in a truly and the date of grant, another party in- and Procter & Gamble Co. The Biotechnology bipartisan effort to ‘‘reinvent’’ the Patent fringes an invention substantially identi- Industry Organization with over 560 members, and Trademark Office. We appreciate your cally claimed in the published application staff’s and Ranking Member Schroeder’s and the patent. Also, it makes some adminis- has expressed its full support for this legisla- staff’s work to address the Administration’s trative delays a basis for extension of the tion. The White House Conference on Small concerns with Title I. The Administration patent term, to ensure that diligent appli- Business supports this legislation. Independ- believes that the changes that we have craft- cants are fully protected. ent inventors such as the inventor of the ed together in the en banc floor manager’s Title III creates a defense to an infringe- quartz technology used in watches support amendment will create an organization con- ment action for parties that can establish this legislation. I can proudly say that after sistent with the essential principles of the prior use in commerce, including use in the many hearings and negotiating sessions, it Vice President’s vision for a Performance design, testing, or production in the United now has the full and unqualified support of an Based Organization, to further our mutual States of a product or service before the date goal of creating a more efficient and effec- a patent application was filed in the United overwhelming number of American industries tive patent and trademark office. In light of States or before the priority filing date. This that utilize our patent system. these changes, the Administration strongly ensures that inventors, who do not seek pat- Title I modernizes the U.S. Patent and supports House passage of H.R. 3460 with the ent protection, will not be precluded unfairly Trademark Office by establishing it as a wholly en banc manager’s amendment. from practicing their invention by other in- owned government corporationÐa govern- It is our joint vision to have a more busi- ventors who later obtain patent protection ment agency with operating and financial flexi- ness-like patent and trademark organization for the same invention. bility that will enable it to improve the services that can better serve the public and the Title IV is aimed at ensuring that inven- it offers to the public. The Office will remain innovators whose ideas are the engine of tors are fully informed prior to entering into under the policy direction of the Secretary of growth for our economy. By granting the a contract for invention development serv- new organization operational flexibility in ices. It also provides a cause of action if the Commerce, but will not be subject to micro- exchange for greater accountability for service provider makes fraudulent claims or management by Commerce Department bu- achieving measurable goals, delineated in an neglects to disclose material information to reaucrats. annual performance agreement between the the inventor. Because the Patent and Trademark Office is Secretary of Commerce and the Commis- Title V amends the patent reexamination funded completely by user fees, and not by sioner, the bill makes that vision a reality. procedure to allow greater participation of tax dollars, it is one of the few government en- It is also our joint view that the Executive their parties who request reexamination and tities recommended by the National Academy Branch must, as you put it, ‘‘be able to es- expands the grounds for examination. En- for Public Administration to operate under tablish an integrated policy on commercial hanced reexamination procedures will pro- structure and oversight commanded in the and technology issues.’’ By making clear vide a less expensive and more timely alter- that the bill does not alter the Secretary of native to costly patent litigation. Government Corporation Act, rather than the Commerce’s statutory responsibility for di- Lastly, Title VI contains several mis- structure followed by taxpayer-funded agen- recting patent and trademark policy with re- cellaneous or ‘‘housekeeping’’ amendments, cies. The bill has a variety of provisions in title spect to the duties of the Patent and Trade- including one to ensure that our law pro- I that will free the Patent and Trademark Of- mark Office, we have ensured the continuity vides priority consistent with our obliga- fice from the bureaucratic redtape that im- of appropriate policy direction and over- tions to WTO countries and one to authorize pedes the Office's efforts to modernize and sight. submission of patent applications through streamline its operations. For example, the bill We also believe that other changes you electronic media. However, the Department provides that the Office shall not be subject to have added to address Administration con- of Justice opposes section 604 and the Ad- cerns, such as ensuring that there is inde- ministration urges that this provision be de- any administratively or statutorily imposed limi- pendent Inspector General oversight and ade- leted. The recovery of attorneys’ fees by in- tation on the number of positions or employ- quate personnel safeguards, will strengthen dividuals and small businesses from the Gov- ees. This will exempt the Office from ceilings accountability mechanisms that we all en- ernment in cases brought pursuant to 28 on the number of full-time equivalent employ- dorse. The Administration is also pleased U.S.C. § 1498(a) is already provided in the ees, giving the Office flexibility to hire the E78 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1997 number of employees it needs, based on its are needed to make the patent system best Dhillon and his family is a terrible thing. The income from applications, to process the appli- serve the country now and into the next cen- fact that we are sending money to the regime cations filed by and fully paid for by the users. tury. that is responsible for it just makes it worse. The bill gives the Office greater flexibility with f The time has come to take action. We respect to management of its office space, should stop sending United States aid to India. procurement, and other matters. The users of INDIAN REGIME MUST FREE India is a country which votes against us at the Patent and Trademark Office will be rep- AMERICAN CITIZEN DHILLON the United Nations more often than all but a resented on a management advisory board couple of countries. It was a close ally of the that will advise the Director of the Patent and HON. GERALD B.H. SOLOMON Soviet Union. It is leading the nuclear arms Trademark Office on the efficiency and effec- OF NEW YORK race in South Asia. Khalistan, on the other tiveness of the Office's operations. Making the IN THE HOUSE OF REPRESENTATIVES hand, has promised to sign a 100-year treaty Office accountable to its users through con- Thursday, January 9, 1997 of friendship with the United States. There is sultations with them is a significant step in im- an old saying in politics: Join the side you're proving its operations. Mr. SOLOMON. Mr. Speaker, I rise today to on. It is time for America to join the side we Title II improves the procedures for examin- ask when the Government of India will finally are on by taking these strong measures to se- ing patent applications. It provides for the pub- get around to letting American citizen Balbir cure freedom, dignity, and prosperity for all the lication of most U.S.-origin applications 18 Singh Dhillon come home to his family. He peoples of South Asia. months after the date of application filing, un- has been held since May on trumped-up f less a patent already has been granted by that charges. time. It also requires publication of foreign-ori- Mr. Dhillon, a 43-year-old businessman and THE 50TH ANNIVERSARY OF VET- gin applications in the English language gen- an American citizen, was arrested in May on ERANS OF FOREIGN WARS POST erally within 6 months after they are filed in charges that he was carrying RDX explosives 8805 the United StatesÐa full 12 months earlier with the intention of assassinating leaders of than under current law. Unlike the situation the Akali Dal, the Sikh, political party. The HON. RON KLINK Human Rights Wing issued a report which today, the owner of the patent application will OF PENNSYLVANIA proves these charges false. Yet the Indian re- have a provisional right to a royalty from other IN THE HOUSE OF REPRESENTATIVES parties who use the invention after publication gime continues to hold Mr. Dhillon anyway. On Thursday, January 9, 1997 and before patent grant. Publication of new September 26, a bipartisan group of 36 Mem- technologies eliminates duplication of effort bers of Congress also wrote to President Clin- Mr. KLINK. Mr. Speaker, I rise today in and accelerates technology licensing. Early ton urging his personal intervention to bring order to commemorate the 50th anniversary of publication is accompanied by a guarantee Mr. Dhillon back to the United States. The Veterans of Foreign Wars Post 8805 in Hope- that U.S. inventors, especially independent in- President wrote us back to assure us that Am- well Township. ventors and small businesses, can receive an bassador Frank Wisner has taken up his case Named after Robert W. Young, the first indication of their likelihood of obtaining a pat- with the regime. I am pleased that the admin- Hopewell resident killed in duty during World ent before their application is published. They istration is working on the case, but so far War II. Young was killed when his ship, the will then be able to make an informed decision they have not gotten through to the Indian re- USS Sims, was sunk by Japanese airplanes in regarding whether they should withdraw the gime. Mr. Dhillon remains in the clutches of the Battle of the Coral Sea on May 7, 1942. application before publication. Title II also this brutal tyranny. While he is free on bail, he VFW Post 8805 is currently home to over makes some other improvements including the is not free to leave India. 600 veteran members and 280 ladies' auxiliary rules for extending the term of a patent when Could the fact that Mr. Dhillon is a Sikh, a members. Many of these people are charter delays occur that are not the fault of the appli- Khalistani American, be a factor in this case? members of Post 8805. The first members cant. The Indian regime has apparently decided to were those returning from Europe and the Pa- Title III creates a defense against infringe- target Sikhs living outside of India or cific and every other theater of World War II. ment charges for parties who have independ- Khalistan. Dr. Gurmit Singh Aulakh, who is the From the beginning, VFW Post 8805 has been ently developed and used technology in the president of the Council of Khalistan, was in- made up of citizen heroes, who left their United States before a patent application was formed by the FBI that there is an assassina- homes and loved ones to undergo incredible filed on that technology by another party. This tion threat against him. His organization is hardships and sacrifices in defense of our will protect the investments of innovative leading the Sikh Nation's peaceful, demo- freedoms. Fortunately, these people returned American manufacturers who have built plants cratic, nonviolent struggle to free Khalistan, home to become some of the most outstand- using technology later patented by their for- the Sikh homeland. Khalistan declared its ing members of the community. Contributing in eign competitors. independence on October 7, 1987. Dr. Aulakh peace as they had contributed in war. Title IV protects inventors from the fraudu- was also informed in a telephone call from A special salute to Ernest Parisi and Rich- lent practices of invention development firms Germany, where he will be visiting soon, that ard Paxton, two of the founding members of by requiring disclosure of a firm's track record there is an assassination threat against him VFW Post 8805. Without their perseverance, and allowing the inventor to withdraw from a there also. Dr. Aulakh has been a valuable the dream of Post 8805 would not have be- contract with a developer within a reasonable source of information for many of us in Con- come a reality. They and all the members are time. gress. The civilized world will not accept this a fine representation of the Fourth Congres- Title V makes improvements in the proce- kind of outrageous effort to intimidate an ar- sional District. dures for reexamining a patent in the Patent ticulate spokesman for his people's freedom. Mr. Speaker, let us never forget the honor, and Trademark Office after it has been grant- In July, about 20 Indian Government agents courage, and valor displayed by all the mem- ed by the Office. The refined reexamination severely beat Dr. Jagjit Singh Chohan, the berS of the VFW. They have done a great procedures in the bill will give the public a fair- leading Khalistani activist in Britain, when he service to our country. I ask you and all mem- er opportunity than is presently allowed to requested emergency medical treatment for an bers to join me in a special salute to VFW have the Office consider information missed acute heart condition. Dr. Chohan is a 68- Post 8805. by the examiner. The revised procedures will year-old man whose right hand was ampu- f better balance the interests of the patentee tated years ago. Clearly, the beating of Dr. and the public and offer an effective alter- Chohan and the continuing detention of Balbir A TRIBUTE TO ALBERT TEGLIA native to expensive litigation in court. Singh Dhillon are designed to send a mes- Title VI provides a number of other improve- sage to any Sikhs who are thinking of getting HON. TOM LANTOS ments in our patent laws. It ensures that U.S. involved in the struggle for freedom. OF CALIFORNIA law provides priority consistent with our obliga- It is an outrage that this is allowed to hap- IN THE HOUSE OF REPRESENTATIVES tions to WTO countries and authorizes sub- pen to anyone, let alone an American citizen. Thursday, January 9, 1997 mission of patent applications through elec- It is time to take strong measures against the tronic media. brutal, corrupt regime that is holding Mr. Mr. LANTOS. Mr. Speaker, today I rise to I look forward to working with all interested Dhillon. I would like to know why the American recognize the outstanding achievements of Al- parties as we prepare to move this important taxpayers are paying their hard-earned dollars bert Teglia, a man who has dedicated his life and necessary patent legislation through this to support a regime that can treat American not only to public office, but to public service. Congress. The reforms contained in this bill citizens this way. What has happened to Mr. His dedication and devotion to duty has January 9, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E79 helped countless numbers of San Francisco Okinawa, Japan where he served with distinc- Last year, a Supreme Court ruling mistak- Bay area residents with problems ranging from tion until his transfer to the Logistics Base in enly eliminated a portion of the job protection fixing the burdensome Tax Code to fixing a Barstow, CA 1 year later. From July 1988 until we have provided for 50 years for people who burnt-out street light. For the past 20 years, Al June 1991, he served with the 12th Marine serve in the Reserves and National Guard. Teglia's humor, compassion, and dedication to Corps District Headquarters in San Francisco Because of this ruling, citizen soldiers who are duty has been a source of inspiration to all of before being reassigned to Headquarters, Ma- also employees of a State government are at us who serve the public. rine Corps here in Washington where he risk of not being restored to their civilian jobs Al Teglia served five terms in the Daly City served for 2 years. following their military service. H.R. 166, the Council and four terms as mayor. He has On May 30, 1996, Staff Sergeant Scott re- Veterans' Job Protection Act, would restore re- served on numerous boards and commissions ported for duty with the Marine Corps' House employment protection for these individuals by including the Airport Land Use Committee, Liaison Office and immediately assumed re- making it clear that States must obey the law California School Board Association, League sponsibilities for coordinating, executing and and reestablish these men and women in their of California Cities, the Peninsula Joint Pow- supervising numerous tasks normally assigned State jobs when they return from their military ers Board, and many others. He was instru- to commissioned officers. He often served as duties. mental in negotiating the BART [Bay Area a spokesperson on Marine Corps issues and The Veterans' Training and Employment Bill ] Colma extension and spear- rapidly established a reputation for exactness, of Rights Act of 1997, H.R. 167, would provide headed the Orthodontia Program for San professionalism, and integrity among Members that service-disabled veterans and veterans Mateo County. His outstanding achievements of Congress, congressional staff members, who serve in combat areas would be ``first in have been recognized by awards from the and his peers in the Liaison Office. line'' for federally funded training-related serv- San Mateo Hispanic Council, the Italian Amer- During his career on Capitol Hill, Staff Ser- ices and programs. Under current law, veter- ican Federation, San Mateo Easter Seals, and geant Scott responded to over 4,000 tele- ans are often underserved by national pro- Daly City Jaycee to name just a few. phonic inquiries from over 900 Congressional grams such as the Job Training Partnership The son of Genoese immigrants, Al Teglia offices throughout the country and ensured Act [JTPA]. Veterans' service organizations has lived on the San Mateo Peninsula all his that our constituents received timely and com- have told us, for example, that program man- life. He and his wife of 43 years, Verna, share plete answers. He was instrumental in plan- agers sometimes turn veterans away from a love and joy for the bay area community. ning, coordinating and escorting Members and JTPA dislocated worker programs because Too often these days people complain about congressional staff on fact finding trips. In they mistakenly assume that veterans receive this problem or that situation without ever lift- short, Staff Sergeant Scott's performance is the same services from the Department of ing a finger to try and help solve it. People like consistent with the quality performance we Veterans Affairs. My bill would reinforce our Al Teglia remind us that a community is only have come to expect from our U.S. Marines. commitment to provide special training assist- as strong as the people in it. Al has given During Staff Sergeant Scott's 14-year ca- ance for veterans and make it clear that eligi- back so much to the community which raised reer, he and his family made many sacrifies ble veterans have earned a place at the front him, we should all look to him as an example. for this Nation. I would like to thank them allÐ of the line. People can actually point to Al Teglia and say, Lewis, his lovely wife, Angelia, and their three Additionally, H.R. 167 would update the ``He helped make my life better.'' This is the children, Christopher, Lewis, and Shannon for Federal Contractor Job Listing Program. penultimate compliment for a public servant. their contributions to the Marine Corps. Under current law, Federal contractors with Mr. Speaker, Staff Sergeant Scott is a great I hold Al Teglia in the highest regard. There contracts of $10,000 or more must make spe- attribute to the U.S. Marine Corps and to the is no task too daunting and no issue too small. cial efforts to employ certain qualified disabled country he so faithfully serves. As he prepares With an uncompromising dedication to duty veterans and veterans of the Vietnam era. to depart for new challenges on an unaccom- and service, he has touched many lives in the These contractors are also required to file an- panied tour in Okinawa, Japan, I know that my San Francisco Bay area. His presence on the nual reports with the Department of Labor colleagues on both sides of the aisle will join Daly City Council will be sorely missed, but I [DOL] regarding the number of veterans they me in wishing him every success, as well as am pleased he will remain active in the com- have hired. H.R. 167 would increase the con- fair winds and following seas. munity. His undying devotion and dogmatic tract level to $100,000. This level would re- f determination to serve his community should duce the number of reports filed and enable serve as inspiration to all who aspire to public AMERICA’S VETERANS HAVE DOL to more carefully review and evaluate the service. EARNED EMPLOYMENT, TRAIN- contractor information. f ING AND SMALL BUSINESS OP- This bill would also establish the first effec- PORTUNITIES tive appeals process for veterans who believe TRIBUTE TO STAFF SERGEANT their rights have been violated under certain LEWIS F.M. SCOTT veterans' employment-related programs. My HON. BOB FILNER bill would require the Secretary of Labor to as- OF CALIFORNIA sist veterans who think Federal contractors HON. FLOYD SPENCE IN THE HOUSE OF REPRESENTATIVES OF SOUTH CAROLINA have not met their obligation to hire veterans. Thursday, January 9, 1997 IN THE HOUSE OF REPRESENTATIVES The Secretary would also be required to help Mr. FILNER. Mr. Speaker, it has been my veterans who believe they were not given Thursday, January 9, 1997 privilege to serve on the House Committee on preference for enrollment in Federal training Mr. SPENCE. Mr. Speaker, it is a pleasure Veterans' Affairs since I was first elected to programs. A veteran could also file a com- for me to pay tribute today to a truly excep- Congress 4 years ago, and I look forward to plaint directly with a district court. H.R. 167 tional Marine, Staff Sergeant Lewis F.M. Scott, continuing that service in the 105th Congress. would provide the ``teeth'' that have been who will soon complete his assignment as the I asked to serve on the Veterans' Affairs Com- missing from some veterans' training pro- Marine Corps' congressional liaison staff non- mittee because I believe that the men and grams and would go a long way toward ensur- commissioned officer. For the past 31¤2 years, women who serve in our Nation's Armed ing that veterans' rights are respected. Staff Sergeant Scott has provided a tremen- Forces are special members of our American Many veterans have told me they would like dous service to the Members of Congress and family. Because of their service, the rest of us to own a small business, and our national to all of our constituents. His dedication and are able to fully enjoy the freedoms on which economy would certainly be strengthened if professionalism, coupled with his warm per- our country was founded. We have a unique more veterans were able to establish their sonality, have endeared him to many of us on debt to our veterans, and, as a member of the own companies. Because of this, I introduced Capitol Hill, and we will miss him very much. Veteran's Committee, I have worked to ensure H.R. 168, the Veterans' Entrepreneurship Pro- A native of Felton, DE, Lewis Scott enlisted that that debt is repaid. motion Act of 1997. This bill is designed to as- in the Marine Corps on January 28, 1983, and On January 7, 1997, the first day of the sist the development of small businesses attended recruit training in Parris Island, SC. 105th Congress, I introduced three bills of par- owned by disabled and other eligible veterans. After boot camp and specialty training in ad- ticular importance to veterans and members of Under this measure, a program would be es- ministration, he was assigned to the Marine the Reserves and National Guard. We have a tablished to help eligible veteran-owned small Corps Air Ground Combat Center at 29 longstanding national commitment to provide businesses compete for Federal Government Palms, CA, as a clerk for the 3d Assault Am- special assistance for veterans who want em- contracts. Additionally, because adequate cap- phibian Battalion. In April of 1985, he received ployment and training assistance, and these ital is absolutely necessary for business start- orders to the 3d Reconnaissance Battalion in bills will help us fulfill that commitment. up and expansion, H.R. 168 would establish a E80 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1997 guaranteed loan program in the Small Busi- cost areas and make sure those services are plicate their existing coverage. The new law ness Administration for veteran-owned busi- available at reasonable and affordable rates. changes the disclosure statement given to nesses. Also included in my bill is a provision This policy was established in the belief that Medicare beneficiaries which was developed to warn them against purchasing a health in- to establish a program of training, counseling, telecommunications services have become es- surance policy that duplicates Medicare cov- and management assistance for veterans in- sential to, education, public health, and public erage. The current statement: ‘‘Important terested in establishing a small business. Vet- safety of all people within the United States. Notice to Persons on Medicare—This Insur- erans are smart, disciplined, and hard work- Indian and Alaskan Native people live in ance Duplicates Some Medicare Benefits,’’ ersÐthe kind of people we need to strengthen some of the most geographically remote areas has been changed to: ‘‘Some health care and expand our economyÐand those who of the country, with 50 percent of Indian and services paid for by Medicare may also trig- want to pursue self-employment should be Alaskan Native people living in Oklahoma, ger the payment of benefits under this pol- icy.’’ supported and encouraged. California, South Dakota, Arizona, New Mex- This change, along with federal legislation These bills would significantly increase train- ico, Alaska, and Washington. passed in 1994 which allows insurance compa- ing and employment opportunities for those Indian poverty in reservation areas in 3.9 nies to offer policies containing benefits unique members of our American familyÐour times the national average rate. The average which duplicate private health benefits held Nation's veterans. These special men and phone penetration rates for rural Native Ameri- by a Medicare beneficiary as long as the pol- women have more than earned the assistance cans is only 50 percent. The actual penetra- icy pays without regard to the other health that would be provided by these measures. tion rates are often much lower than 50 per- benefits, may result in beneficiaries’ being sold policies that duplicate Medicare and I want to take this opportunity to thank the centÐfor example, the Navajo Nation esti- their private coverage and thus are of little representatives of the major veterans' service mates that 65 percent of its citizens do not value. Note that selling a new Medigap pol- organizations whose assistance in the devel- have telephones. What phone service there is icy to someone who already has a Medigap opment of these bills was invaluable. I also in Indian country is often sub-standard and policy is still against the law unless the per- want to say that, as the ranking Democratic prohibitively expensive. son plans to drop the previously held member of the Subcommittee on Benefits, I there is a continuing need for universal Medigap policy. While the practice of insur- look forward to working closely with the chair- service in Indian country and for tribal govern- ance companies’ selling policies (other than Medigap) to Medicare beneficiaries which man of the subcommittee and the chairman of ments to be directly involved in providing pay benefits without regard to their other the full Veterans' Affairs Committee on these these services. health coverage is allowed, the policies must and other issues of importance to America's Among the recommendations in the 1995 include the following, ‘‘This policy must pay veterans. Office of Technology Assessment Report, benefits without regard to other health bene- f ``Telecommunications Technology and Native fit coverage to which you may be entitled Americans'' is a strengthened Federal/tribal under Medicare or other insurance.’’ UNIVERSAL TELECOMMUNI- government partnership in the telecommuni- The new law clarifies that a policy provid- CATIONS SERVICES MUST MEET ing long-term care benefits (defined as nurs- cations field to provide better services to per- ing home and non-institutional coverage, THE NEEDS OF NATIVE AMERI- sons in Indian country and to enable tribes to CANS nursing home only or home care only) which be direct providers of telecommunications coordinates benefits with Medicare or other services. private health insurance policies (coordi- HON. BILL RICHARDSON Now is the time to recognize the critical role nates means that the long-term care policy OF NEW MEXICO that tribal governments can and must play in pays secondary benefits or does not pay ben- efits for services covered under Medicare or IN THE HOUSE OF REPRESENTATIVES the implementation of universal service objec- other health insurance coverage) is not con- Thursday, January 9, 1997 tives. sidered duplicate coverage. Additionally, The FCC has 4 months to implement the Mr. RICHARDSON. Mr. Speaker, today, I in- long-term care policies must now include the recommendations made by the Joint Federal- statement, ‘‘Federal law requires us to in- troduced a House Resolution expressing the State Board. With the input of tribal leaders, I form you that in certain situations this in- sense of the House of Representatives that intend to introduce legislation that will codify surance may pay for some benefits also cov- universal telecommunications service can only the positive recommendations of the Board. ered by Medicare.’’ be met if the needs of Native Americans are This will encourage the FCC to implement a f addressed and policies are implemented with strategy of universal service that truly address- the cooperation of tribal governments. It is im- MANDATORY MINIMUM es the needs of tribes. SENTENCES portant that we keep pressure on decision f makers within the Federal Communications Commission [FCC] to address the needs of CAVEAT EMPTOR: LAW AGAINST HON. BENJAMIN A. GILMAN Native Americans. SALE OF DUPLICATE INSURANCE OF NEW YORK As the FCC prepares to adopt a policy on POLICIES TO SENIORS WEAK- IN THE HOUSE OF REPRESENTATIVES universal service, the implementation process ENED Thursday, January 9, 1997 of the Telecommunications Act reaches a criti- Mr. GILMAN. Mr. Speaker, I rise today in cal stage. I believe it is important to make it HON. FORTNEY PETE STARK strong support of this legislation which im- perfectly clear that the intent of Congress can OF CALIFORNIA poses tougher mandatory minimum sentences only be fulfilled if the universal service policies IN THE HOUSE OF REPRESENTATIVES for those individuals who possess firearms or procedures established to implement the while committing a violent or drug-related Act address the telecommunications needs of Thursday, January 9, 1997 crime. low-income Native Americans, including Alas- Mr. STARK. Mr. Speaker, just a word of Under current law, an individual who uses kan Natives. warning to seniors: The law protecting against or carries a firearm while committing a violent While I concur with many of the universal the sale of worthless, duplicative insurance or drug-related crime automatically receives a service recommendations made by the Joint policies which do not pay out benefits was mandatory 5-year sentence in addition to the Federal-State Board, there are many ques- weakened last year in the Kassebaum-Ken- sentence for the crime in question. However, tions left unanswered. nedy bill. a recent Supreme Court decision stated that A genuine universal service policy will only The following memo from the Institute on the criminal must actively employ the weapon take hold if it can be implemented at reason- Law and Rights of Older Adults makes the de- in order to trigger the mandatory sentence. able costs. These cost-effective solutions are ception clear. Congress legislated that 2 + 2 = This decision has hampered an effective tool best developed with the cooperation of tribal 3 in saying that policies which ``coordinate'' for law enforcement. governments. with Medicare and don't have to pay out bene- This legislation will allow Federal prosecu- When congress enacted the Telecommuni- fits are not ``duplicate'' policies. tors to apply the mandatory sentence even if cations Act in February, great emphasis was PROTECTIONS AGAINST SALE OF DUPLICATE the criminal does not fire or brandish the placed on ensuring the delivery of tele- POLICIES WEAKENED weapon. In addition, the mandatory sentence communications services, including advanced The Health Insurance Portability and Ac- is now increased from 5 to 10 years. If the telecommunications and information services, countability Act of 1996 contains a provision gun is fired, the sentence is 20 years, and the to all regions of the Nation. This principle of that further weakens protections against death penalty will apply if someone is killed. universal service is designed to address the selling health insurance policies to Medicare These mandatory sentences are imposed in exceptional needs of rural, insular, and high- beneficiaries which provide benefits that du- addition to any for the actual crime. January 9, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E81 Mr. Speaker, I believe this bill will serve to least the past 6 years. The U.S. mixed econ- with input from some in the insurance industry. help our law enforcement agencies, and I omy can best be served by a modernized This bill represents positions that they, too, strongly urge my colleagues to join me in sup- legal framework, serving the dynamic U.S. fi- have tried to bring into harmony for the pur- porting this legislation. nancial system shaped by the marketplace pose of shaping a policy for the future. It is a f and facilitated by congressional debate and sound framework, a base, not necessarily the law, rather than by incremental uncertain regu- final product or policy. By placing this bill on A TRIBUTE TO DEPUTY JAMES W. latory change. We advance this proposed the agenda, it is my hope to advance this de- LEHMAN, JR. AND DEPUTY MI- measure as a continuation of, and building bate and dynamic to a successful change in CHAEL P. HAUGEN upon successful efforts to modernize that policy in the near future which will serve began with the passage of interstate banking American enterprises and consumers in our HON. JERRY LEWIS in 1994. mixed economy today and tomorrow. OF CALIFORNIA While each provision of this bill may not be f supported by every organization of the Alli- HON. SONNY BONO ance, nor members within the organizations, TRIBUTE TO THE GREENPOINT OF CALIFORNIA this comprehensive effort certainly dem- GAZETTE HON. KEN CALVERT onstrates that groups can come to the table OF CALIFORNIA and work constructively together for mod- HON. CAROLYN B. MALONEY IN THE HOUSE OF REPRESENTATIVES ernization. I'm hopeful that we can build upon OF NEW YORK this strong base a still broader coalition and IN THE HOUSE OF REPRESENTATIVES Thursday, January 9, 1997 act to modernize our laws in this complex fi- Thursday, January 9, 1997 Mr. LEWIS of California. Mr. Speaker, we nancial marketplace. would like to bring to your attention the mem- In the last Congress, Chairman ROUKEMA Mrs. MALONEY of New York. Mr. Speaker, ory of two Riverside County sheriff's deputies and I worked together on charter conversion today I rise in tribute to the Greenpoint Ga- who became victims of a senseless and tragic as part of the BIF±SAIF bill (H.R. 2363) that zette, a local newspaper which celebrates its act of violence on January 5, 1997. Early Sun- finally evolved into the House position last 25th anniversary on Saturday, January 11, day morning, Deputy James W. Lehmann, Jr. year and became the basis for provisions en- 1997. This newspaper has made a major con- and Deputy Michael P. Haugen, two of our fin- acted into law. Importantly, the comprehensive tribution to the Williamsburg-Greenpoint com- est law enforcement officials, gave their lives Depository Institution Affiliation and Thrift munity of Brooklyn, NY, and deserves honor in the line of duty. Charter Conversion Act we now introduce in- for its many years of dedicated service. The deputies, these husbands, these fathers cludes thrift charter conversion and the many The Greenpoint Gazette started publication went out everyday to make a difference and attendant issues of thrift conversion. This bill in 1971. At that time, local residents had expe- they didÐsome days in small ways, some is a comprehensive approach that establishes rienced frustration with the existing newspaper days in big ways, and, on this date, at the cost a policy of functional regulation involving all for its uneven reporting on local candidates. A of their lives. One cannot ask more of peace the regulators, Glass Steagall reform, and the few of these residents, Ralph Carrano and officers. Deputies Lehmann and Haugen de- affiliations issues. I am confident we will con- Adelle Haines, among them, launched the serve our deepest respect and gratitude. tinue to work together to make improvements Greenpoint Gazette. It began out of Adelle Mr. Speaker, I ask that you and our col- in the legislation so that it will not only mod- Haines' house. Revenue for the paper came leagues join us today in remembering these ernize financial systems, but will also protect from advertisements, paid notices, and the fine men. Our prayers and most heartfelt sym- the safety and soundness of the deposit insur- newsstand price of 10 cents a copy. pathy are extended to their families and loved ance funds and better serve and preserve our The Greenpoint Gazette has always been ones. To Deputy Lehmann's wife, Valerie, son, economic role in the world. responsive to and involved in the community it Christopher and daughter, Ashley; and Deputy Changes have been made to the bill since serves. Residents of Greenpoint use the paper Haugen's wife, Elizabeth, son, Stephen, and it was introduced last fall. Several amend- to celebrate birthdays, births, and anniver- daughter, CatherineÐwe honor the memory of ments were suggested by the American Coun- saries; to announce weddings, engagements, your loved ones and wish them God's peace. cil of Life Insurance. Others were incorporated graduations, job promotions, and deaths; and f at the suggestion of the thrift industry which to voice opinions about issues of the day. continues to prefer an even broader approach Each year, the Gazette sponsors the Miss INTRODUCTION OF THE DEPOSI- to affiliations. As we move forward with the Polonia event, a beauty contest to select the TORY INSTITUTION AFFILIATION necessary subcommittee hearings and pro- young woman who will be chosen to represent AND THRIFT CHARTER CONVER- ceed to a markup, we will continue to modify the community in Manhattan's Pulaski Day Pa- SION ACT (H.R. 268) the legislation. Even as we have introduced rade. The Gazette regularly publishes press this legislation this week, I have reservations releases submitted by elected officials to keep HON. BRUCE F. VENTO about several aspects of the bill including the voters informed of Federal, State, and local is- OF MINNESOTA regulatory framework for financial services sues. Finally, in keeping with its 25-year tradi- IN THE HOUSE OF REPRESENTATIVES holding companies. This more SEC-like struc- tion as the voice of all of Greenpoint, the ture will certainly require further scrutiny as we paper welcomes submissions with opinions Thursday, January 9, 1997 evaluate its appropriateness and its fit with the that differ from those of the editors. Mr. VENTO. Mr. Speaker, I am pleased to structure of insured depository institutions. Mr. Speaker, I am proud to pay tribute to join Chairwoman ROUKEMA in sponsoring the As this broad legislation moves forward, I the Greenpoint Gazette, a paper which takes reintroduction of the Depository Institution Af- am able to envision a number of improve- pride in its service to the Williamsburg- filiation and Thrift Charter Conversion Act. ments as questions are resolved. We will be Greenpoint community. I ask that my col- This bill is a marker of our intent to move for- looking to ensure that any measure we bring leagues join with me in honoring the Gazette ward this year in a bipartisan manner on legis- to the full House will provide assurance that for 25 years of dedicated and reliable service. lation that we are hopeful will translate into tough firewalls are intact and that the measure f meaningful financial services modernization. It will not expose the taxpayers to new costs is a product of compromise between the most from activities with more risk potential. Con- INTRODUCTION OF A CONSTITU- significant groups in the financial services in- gress must also ensure that a proper focus is TIONAL AMENDMENT TO ABOL- dustry who refer to themselves as the ``Alli- kept clear for service and responsibilities to ISH THE ELECTORAL COLLEGE ance''. local communities and consumers. As the U.S. Many members of the Banking Committee strives to be more competitive internationally, HON. RAY LaHOOD and other committees in the House have la- financial institutions must remain active and OF ILLINOIS bored the past Congress to advance the viable in our localities even as the law pro- IN THE HOUSE OF REPRESENTATIVES cause of modernization. It has been a difficult vides and prepares U.S. financial institutions Thursday, January 9, 1997 road and efforts in the last Congress did not for competition in the global marketplace. resolve the issue. This bill's overall approach reflects a com- Mr. LAHOOD. Mr. Speaker, Today, I am Our current U.S. financial laws and policy promise between a substantial portion of the proud to introduce, along with Congressman are lagging actual marketplace conditions, a players active in providing financial servicesÐ WISE from West Virginia, a constitutional circumstance that has been apparent for at key banking, thrift, and securities participants amendment that seeks to end the arcane and E82 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1997 obsolete institution known as the electoral col- pendents could be forced to seek illegal and one of those goods which by their nature are lege. unsafe procedures or could be forced to delay not and cannot be mere commodities. Given It is no accident that this bill is being intro- the procedure until they can return to the Unit- this special status, the primary end or essen- duced today, the day that the electoral ballots tial purpose of medical care delivery should ed States. be a cured patient, a comforted patient, and are opened and counted in the presence of This is an issue of fundamental fairness. a healthier community, not to earn a profit the House and Senate. I hope that the timing Servicewomen and military dependents sta- or a return on capital for shareholders. of this bill's introduction will only underscore tioned abroad do not expect special treatment, The goal isn't health care anymoreÐthe the fact that the time has come to put an end only the right to receive the same constitu- goal has become the care of the stockholder to this archaic practice that we must endure tionally protected medical services that women interest. every 4 years. in the United States receive. Only the President and the Vice President That's why today, as the senior Democratic THE PROBLEM of the United States are currently elected indi- woman on the House National Security Com- Historically, the nonprofit hospital has, in rectly by the electoral collegeÐand not by the mittee, I am introducing the ``Freedom of general, assured that necessary services are voting citizens of this country. All other elected Choice for Women in the Uniformed Services available, that all populations are cared for, officials, from the local officeholder up to U.S. Act.'' This bill simply repeals the statutory pro- and that there is always a place to go for care. Senator, are elected directly by the people. hibition on abortions in overseas military hos- The goal of a for-profit hospital is just thatÐ Our bill will replace the complicated elec- pitals and restores the law to what it was dur- profit. The for-profits allegiance is to their toral college system with the simple method of ing most of the Reagan administration. If en- shareholder, not the communityÐand certainly using the popular vote to decide the winner of acted, women would be permitted to use their not the uninsured or poor. The for-profit hos- a Presidential election. By switching to a direct own funds to obtain abortion services. No pital chains have the minds of piranha fish and voting system, we can avoid the result of Federal funds would be used and health care the hearts of Doberman pinschers. Whereas for-profit hospitals are accountable electing a President who failed to win the pop- professionals who are opposed to performing to their shareholders, nonprofit hospitals have ular vote. This out come has, in fact, occurred abortions as a matter of conscience or moral another kind of accountabilityÐto patients, to three times in our history and resulted in the principle would not be required to do so. providers of care, to payers and to the com- elections of John Quincy Adams, 1824, Ruth- I would like to thank my colleagues CONNIE munities in which they operate. Instead of pro- erford B. Hayes, 1876, and Benjamin Har- MORELLA, ROSA DELAURO, SUE KELLY, RON ducing a return on investments to sharehold- rison, 1888. DELLUMS, JOHN BALDACCI, EVA CLAYTON, JOHN ers, nonprofit hospitals have the inherent moti- In addition to the problem of electing a CONYERS, SAM FARR, BARNEY FRANK, MARTIN vation and deep obligation to produce a dif- President who failed to receive the popular FROST, LYNN RIVERS, LUCILLE ROYBAL-ALLARD, ferent kind of returnÐthat of quality care to vote, the electoral college system also allows and LOUISE SLAUGHTER for joining me as origi- for the peculiar possibility of having Congress nal cosponsors. their patients and overall good for the commu- decide the outcome should a Presidential tick- I urge the House to take up and pass this nity. The need to show a profit focuses the for- et fail to receive a majority of the electoral col- important legislation restoring the right of free- profit hospital on cost structure rather than on lege votes. Should this happen, the 12th dom of choice to women serving overseas in the structure of care. Their decisionmaking amendment requires the House of Represent- our Nation's Armed Forces. cannot help but he skewed toward sharehold- atives to elect a President and the Senate to f elect a Vice President. Such an occurrence ers rather than patients. Whereas nonprofit would clearly not be in the best interest of the THE PURSUIT OF PROFIT: NON- hospitals manage care because doing so im- people, for they would be denied the ability to PROFIT HOSPITALS BECOME THE proves health outcomes, for-profit hospitals directly elect those who serve in our highest BIG PUBLIC GIVEAWAY OF THE manage the cost of care because it is the offices. NINETIES cheapest, most profitable thing to do. Their This bill will put to rest the electoral college primary legal and fiduciary dutyÐto return a and its potential for creating contrary and sin- HON. FORTNEY PETE STARK profit to the shareholdersÐputs patients and gular election results. And, it is introduced not public welfare in second place. OF CALIFORNIA In 1993, there were 18 conversions of non- without historical precedent. In 1969, the IN THE HOUSE OF REPRESENTATIVES House of Representatives overwhelmingly profit hospitals and health care plans. In 1995, Thursday, January 9, 1997 passed a bill calling for the abolition of the there were 347. In the past 18 months, for ex- electoral college and putting a system of direct Mr. STARK. Mr. Speaker, today along with ample, Columbia HCA, the largest of the for- election in its place. Despite passing the Mr. LEWIS of Georgia, Mr. MCDERMOTT, Mr. profit hospital chains, has completed, has House by a vote of 338 to 70, the bill got WAXMAN, Mr. FILNER, Mr. KENNEDY of Rhode pending, or is in the process of negotiating bogged down in the Senate where a filibuster Island, and Mr. BROWN of Ohio, I am pleased more that 100 acquisitions or joint ventures blocked its progress. to introduce the Medicare Non-profit Hospital with nonprofit hospitals. I have many concerns about the sale of So, it is in the spirit of this previous action Protection Act of 1997 in response to the fast- nonprofit hospitals to for-profit corporations: that we introduce legislation to end the elec- growing number of hospital conversions. Con- too often the terms of the sale are secret; toral college. I am hopeful that our fellow version refers to the process by which a non- there are often conflicts of interest among the members on both sides of the aisle will stand profit entity opts to change its nonprofit status parties; the mission of the nonprofit foundation with us by cosponsoring this important piece and forgo its tax exemption. In a conversion, that results from the conversion may not be of legislation. investor-owned, for-profit companies buy com- consistent with the original mission of the hos- f munity, nonprofit hospitals in deals that usually are secret, with costs and details not dis- pitalÐthe funds in the resulting foundation are THE FREEDOM OF CHOICE FOR closed. Proceeds of the sales are suppose to sometimes used for things like sports training WOMEN IN THE UNIFORMED establish charitable foundations. facilities, flying lessons, or foreign language programs in schools; and the valuation price is SERVICES ACT HEALTH CARE IS A SERVICE, IT IS NOT A COMMODITY TO BE BOUGHT AND SOLD often much less than it should be. Perhaps HON. JANE HARMAN Some how we've reached the point where most important, quality and access to health care in the community is often significantly di- OF CALIFORNIA our society thinks of the medical system not in minished. IN THE HOUSE OF REPRESENTATIVES terms of keeping patients well or helping them COLUMBIA HCAÐTHE PAC-MAN OF THE INDUSTRY Thursday, January 9, 1997 get better but instead as a fiercely competitive business in which survivors concentrate on Columbia HCA, the largest of the for-profit Ms. HARMAN. Mr. Speaker, among the making tremendous amounts of money. hospital chains, is characterized as the PAC- more extreme laws put in place by the last The late Cardinal Bernadin, Archbishop of MAN of the industryÐgobbling up nonprofit Congress is the policy banning privately fund- Chicago, had it right in his speech to The Har- hospitals as it expands its market share in ed abortions performed at overseas military vard Business School Club of Chicago, He communities across the United States. Nation- hospitals. This policy means that women serv- said: wide, Columbia HCA is riding high from doz- ing overseas in our Nation's Armed Forces Health care . . . is special. It is fundamen- ens of acquisitions of hospitals that have cannot exercise the same constitutional rights tally different from most other goods be- made it not only the biggestÐwith 355 hos- afforded women living in the continental Unit- cause it is essential to human dignity and pitalsÐbut also one of the wealthiest for-profit ed States. These servicewomen and their de- the character of our communities. It is . . . chains with $18 billion in annual revenue. January 9, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E83 The political muscle of Columbia is legend- Program, and I am very proud of the fine work life; (5) to promote and encourage better un- ary. When it enters a community in pursuit of this program does with at-risk students from derstanding among the members and general an acquisition, Columbia lines up blue-chip my State and throughout New England. public as to the proper use of hunting and legal talent, identifies allies among local civic, I am pleased to announce that the first fishing equipment and the proper use of boats political, and medical leaders, and spreads group of students to utilize the new Loring Job and other related equipment as well as proper around lots of money. In 1995, for example, Corps Center will be arriving this week. Some use of our natural resources and good con- Columbia had 33 lobbyists in Tallahassee, FL. of these students have been waiting since July servation practices; (6) to promote, encourage It also leads the list of corporate campaign to begin their work at this new facility, which and educate its members and the general contributors in Florida. has been designated by the Department of public in the principles of safety in the use of The questionable practices of Columbia Labor as a ``center of innovation.'' This is sig- arms, and; (7) to promote, encourage and pro- HCA are numerous, but one issue is particu- nificant, in that it will offer students from dis- vide social and friendly intercourse among its larly important. In Florida, health care officials advantaged backgrounds advanced programs members. cited the possibility that Columbia hospitals that have not been available through the tradi- From 1978 to 1993, Mr. Shaber served as engage in cream-skimming. They allege that tional Job Corps Program. President of SASI for all but 2 years. In addi- doctors, who own stakes in Columbia facilities, The Loring Center will provide vocational tion to serving as president, Mr. Shaber was send the most profitable patients thereÐand training a grade above that which is normally a prominent writer of sportsmen interests. He steer less-profitable patients to the public and provided. It will also have the benefit of being was a correspondent for the New York Sports- charity hospitals. The practice of physician able to work in conjunction with its sister facil- man magazine, a long-time member of the self-referral in many instances is illegal, and I ity, the Penobscot Job Corps Center. Both the Rod and Gun Editors Association of Metropoli- have asked the Health Care Financing Admin- Penobscot and Loring Job Corps Centers, tan New York, and a past president of the istration to investigate Columbia's investment designated as alternative schools, are part of Outdoor Writers Association. I commend SASI structure and referral patterns. the State of Maine's School to Work transition and Mr. Shaber on taking the lead in promot- Columbia HCA and its doctor affiliates are in plan. ing sportsmen interests while also preserving the business of building medical trusts and de- As a tool for economic development, the fragile wildlife. stroying public and nonprofit hospitals who Loring Center will provide a highly skilled f take the tougher, less profitable cases. Colum- workforce for Maine and New England. It will LEGISLATION AMENDING POSTAL bia and similar for-profit entities are not in the also play a crucial role in the area's edu- SERVICE POLICY business of health care. They're in the busi- cational and economic development strategies ness of mergers and acquisitions. It wouldn't in conjunction with the University of Maine at HON. DON YOUNG matter if their product was can openers or Presque Isle, the Northern Maine Develop- OF ALASKA chairs. They run the business like a Walmart ment Corporation, the Northern Maine Tech- IN THE HOUSE OF REPRESENTATIVES is runÐI firmly believe that hospitals shouldn't nical College, the Maine School for Science be run that way. and Mathematics, the Aroostook County Ac- Thursday, January 9, 1997 LEGISLATION tion Program and the Caribou Adult Education Mr. YOUNG of Alaska. Mr. Speaker, today For the past three Congresses, I have Program. Working together, these entities will I rise to introduce legislation that will amelio- worked on legislation to ensure that the ad- position the region as a center for educational rate problems stemming from the U.S. Postal vantages of tax exempt status ultimately bene- innovation and excellence. Service policy that prohibits the users of com- fit the community and not private individuals. I'm pleased that students will now have the mercial mail receiving agents [CMRA's] from My bills have imposed excise taxesÐbased opportunity to get the technologically relevant submitting a standard change of address form on the foundation rulesÐas intermediate sanc- skills they will need to move forward in today's to expedite routine mail delivery service. tions on 501(c)(3) and 501(c)(4) organizations job market. I am also proud to have the Loring In nearly all cases when an individual engaging in transactions with insiders resulting Center as a pilot for new educational concepts changes residency, the U.S. Postal Service fa- in private inurement. Bills have also made pri- and technologies that may later be used in cilitates prompt and accurate mail delivery by vate inurement a statutory prohibition for Job Corps facilities throughout the country. encouraging the postal customer to file a mail 501(c)(4) organizations, the social welfare or- Congratulations to Don Ettinger, the Loring forwarding change of address form. Atypically, ganizations which include many health non- Center's director, his staff, and TDC for their when a CMRA customer relocates, that indi- profits. fine work with the students. vidual is responsible for informing all potential The bill I am introducing today protects the f mailers of any change of address. This policy public interest in conversions and is modeled creates delays and may exacerbate mail fraud TRIBUTE TO THE SUFFOLK ALLI- after Nebraska and California laws. It makes as testimony has shown that the first line of ANCE OF SPORTSMEN INC. AND sure that conversions are carried out in the defense against fraud is accurate information ITS FOUNDER, WILLIAM W. sunshine of public information and debate and regarding postal addresses. SHABER Current policy is contradictory to the Postal that the conversion price is fair, without sweet- Service's charge to ensure prompt, accurate heart deals or private party gain. The legisla- HON. MICHAEL P. FORBES mail delivery service. This important legislation tion would deny Medicare payment to any will benefit all parties in this particular mail de- OF NEW YORK hospital that did not demonstrate the fairness livery chain: the U.S. Postal Service, the IN THE HOUSE OF REPRESENTATIVES of the conversion process to the Secretary of CMRA's, and most important, the postal cus- Health and Human Services. Thursday, January 9, 1997 tomer. f Mr. FORBES. Mr. Speaker, I rise today to f LORING JOB CORPS CENTER pay tribute to the Suffolk Alliance of Sports- THE NEED FOR FDA OPENS ITS DOORS men, Inc. [SASI] and its founder William W. MODERNIZATION Shaber. Thanks, in large part, to Mr. Shaber's HON. JOHN ELIAS BALDACCI leadership, SASI has emerged as the leading voice among sportsmen in Suffolk County. Mr. HON. OF MAINE OF TEXAS IN THE HOUSE OF REPRESENTATIVES Shaber's vision of achieving a balance be- tween game life and sportsmen has made him IN THE HOUSE OF REPRESENTATIVES Thursday, January 9, 1997 a pioneer in his field. Thursday, January 9, 1997 Mr. BALDACCI. Mr. Speaker, on January 2, SASI was founded in 1978 on 7 basic prin- Mr. BARTON of Texas. Mr. Speaker, in this State of Maine Governor Angus King pro- ciples: (1) to preserve and improve the rights last election cycle, many of us campaigned on claimed the week of January 5, 1997, as ``Job of hunters, sport-shooters, salt and fresh water the need for the Federal Government to use a Corps Week'' in recognition of the outstanding fishermen, and trappers; (2) to promote and common sense approach in dealing with pri- education and training opportunities provided encourage laws for the protection of fish, vate industry. The regulatory yoke placed by the Penobscot Job Corps Center in Ban- game life and forests in the State of New upon the medical device industry in the United gor, ME, and in anticipation of the opening of York; (3) to encourage and promote the prop- States by the Food and Drug Administration is the Loring Job Corps Center of Innovation in agation of fish and game in Suffolk County a prime example of how a bureaucratic agen- Limestone, ME. The State of Maine has had and elsewhere; (4) to encourage the passing cy can destroy small business, as well as the a very positive experience with the Job Corps of legislation to protect sportsmen and game entrepreneurial spirit. E84 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1997 My goal, which I believe is shared with of the Ways and Means Committee, Con- American community in the Sunset Park, Bor- many of my colleagues on both sides of the gressman , and Congressman ough Park, Bay Ridge, Bensonhurst, and aisle, is to modernize the Food and Drug Ad- JIM MCCRERY in a bipartisan effort to promote Sheepshead Bay neighborhoods in Brooklyn. ministration. This is to be distinguished from economic growth and job creation through tar- At its inception, the association received no terminating or eliminating the FDA, which I geted capital gains incentives. This legislation funding and nearly single-handedly, Mr. Paul have also been accused of, and I want to is designed to be complimentary to a broad- P. Mak, the president and CEO of BCA, make it clear that I believe there is a legiti- based capital gains proposal similar to that worked on a voluntary basis to initiate and mate need for the FDA. However, it is impera- passed by the House in the 104th Congress. provide a bilingual social service program for tive that this Congress lead the charge to I have worked for many years to enact leg- the Asian immigrant community. bring the FDA into the 21st century. The cur- islation which provides critical incentives for With 9 years of hard work, intense explo- rent FDA approval process is slow and unpre- high-risk, high-growth firms. In 1993, I was ration and struggle, BCA has grown from a dictable, while at the same time costing the able to work with Senator BUMPERS to enact one-person service project to the borough's United States jobs, technology, and most im- the Enterprise Capital Formation Act of 1993. most comprehensive bilingual, multi-human portantlyÐlives. This new, bipartisan proposal is built upon that service and community development organiza- We held numerous hearings in the 104th 1993 legislation and will greatly improve its ef- tion. Currently, BCA delivers services at var- Congress in my subcommittee and others de- fectiveness by: ious centers in Brooklyn such as the Main tailing the need to change the manner in Shortening the holding period for qualified Community Services Center; Senior, Youth which our domestic device industry is regu- stock from 5 years to 3 years. and Cultural Center; Employment Training lated. In the 104th Congress I introduced H.R. Increasing the size of companies whose Center; Day Care Center; Avenue U District 3201 to reform the medical device industry. stock is eligible for the exclusion from $50 mil- Community and Senior Center; and at numer- With the help of many of my Democrat col- lion to $100 million. ous school sites. In the past few years, be- leagues, especially BILL RICHARDSON and Revising certain limitations to make the pro- cause of the lack of Government funding and ANNA ESHOO, we were able to get 162 co- vision more attractive to investors. personnel, BCA has undergone several crises sponsors on H.R. 3201, both Republican and Biotech and high-technology companies are and struggles to keep the organization afloat. Democrat. This strongly indicates that there is particularly dependent upon direct equity in- It is the dedication, enthusiasm and painstak- support for FDA reform. I intend to continue vestments to fund research and to grow. A tar- ing efforts of BCA's staff, its board members refining H.R. 3201 in hopes of obtaining more geted capital gains incentive is crucial for en- and the community that have sustained BCA support. Under the leadership of JIM GREEN- couraging investors, including venture capital and enabled it to develop rapidly. WOOD, and with the great deal of help from investors, to purchase the stock of these com- Today, BCA serves over 500 clients a day. RICHARD BURR and SCOTT KLUG, our FDA re- panies, thus putting their capital at risk with a BCA's many human services and programs in- form team was able to make amazing strides long-term speculative investment. These small clude social services; senior services; day and I fully intend to maintain this momentum. venture-backed companies provide high-skilled care and youth services; adult education pro- I will be introducing the Medical Device jobs, grow very quickly to create more jobs grams; adult and senior employment pro- Modernization Act of 1997 shortly, which will and are aggressive exporters. Venture capital- grams; services for the mentally retarded and insure the safety and effectiveness of medical backed firms have a much higher rate of developmentally disabled [MR/DD]; and com- devices, assure a predictable approval proc- growth than Fortune 500 firms. From 1990 to munity economic development programs. ess for our companies and insure that U.S. 1994, venture firms grew at an annual rate of The past year has marked another turning patients are receiving the best available medi- 20 percent while Fortune 500 firms are power- point in BCA's expansion. BCA's work force cal technology in the world. I will be asking for ful engines for job creation. In their first year, has remained the same but the association your cosponsorship and support of this bill. these firms typically have 18 employees, by has expanded, reaching a much wider com- Again it is imperative that we pass reform their sixth year they have over 200. Finally, munity than ever before. In May 1996, BCA for the medical device industry. Small busi- these firms perform 2 times the amount of re- opened a new District Community and Senior ness is the nerve center of this county's cur- search and development compared to nonven- Center delivering bilingual multi-human serv- rent economic growth. Sixty-five percent of the ture-backed firms. ices to the increasing Asian immigrant popu- companies in the medical device industry have Now more than ever, small companies need lation in the Sheepshead Bay neighborhood, less than 20 employees and 98 percent of better access to investment capital in order to an area that is becoming the second largest medical device firms have less than 500 em- grow into productive enterprises. The risks as- Asian community of Brooklyn. BCA has also ployees. These are the companies involved in sociated with small firms has often been too been actively involved in registering voters high technology which is fueling economic ex- great for venture capitalist. By giving a capital and in educating the community on voting poli- pansion, these are the companies hiring your gains cut for investment in small, startup firms, cies and procedures. constituents, these are the companies doing the higher risks are offset by additional finan- 1996 is also the year in which BCA initiated the research and development that can lead to cial benefit to the investor. the Community Revitalization Project that saving your constituent's lives. These small f serves as a master development scheme for companies have been more vocal on FDA the community. This summer, 10 traffic lights modernization in the last 2 years and I ap- A POINT OF LIGHT FOR ALL were installed as a result of BCA's constant plaud them in their efforts. AMERICANS: THE BROOKLYN lobbying efforts. In addition, BCA is working We spent a great deal of time laying the CHINESE-AMERICAN ASSOCIA- with the New York City Police Department to groundwork for reform in the 104th Congress TION prepare and distribute educational materials for FDA reform by educating Members, con- on crime prevention, the CAT Auto Program ducting oversight hearings, and working with HON. MAJOR R. OWENS and business residential security surveys. various segments of the industry. It is now These are major steps toward making a better time for the 105th Congress to implement the OF NEW YORK IN THE HOUSE OF REPRESENTATIVES and much safer community in which to live. solution. I look forward to working with House One of BCA's accomplishments this year is Commerce Committee Chairman BLILEY, sub- Thursday, January 9, 1997 the educational Neighborhood Clean-Up committee Chairman BILIRAKIS, Congressman Mr. OWENS. Mr. Speaker, I rise to honor Project. More than 150 youth participated in DINGELL, and Senate Majority Leader LOTT in the Brooklyn Chinese-American Association cleaning up the 8th Avenue neighborhood and arriving at an acceptable solution to all. [BCA] during their Ninth Anniversary Celebra- providing informative materials to community f tion. The members of this organization have residents and merchants. Recently, BCA also THE ENTERPRISE CAPITAL tirelessly dedicated themselves to addressing assisted in upgrading a garment factory in the FORMATION ACT OF 1997 the growing needs of the Asian immigrant neighborhood and has long supported promot- population in Brooklyn and to providing resi- ing the economic progress and stability of the dents of this community accessible bilingual garment industry in Brooklyn. Moreover, a HON. ROBERT T. MATSUI and multicultural services. BCA is a great Tree Planting project was implemented to fur- OF CALIFORNIA Point-of-Light whose contributions to the com- ther beautify Brooklyn. Two hundred trees are IN THE HOUSE OF REPRESENTATIVES munity must not go unappreciated or unno- scheduled to be planted along 8th Avenue in Thursday, January 9, 1997 ticed. the of 1997. In a further attempt to im- Mr. MATSUI. Mr. Speaker, I am pleased to On January 19, 1988, BCA was formally es- prove the living environment, a Graffiti Re- join my House colleagues and fellow members tablished in response to the expanding Asian- moval Campaign will also be initiated in the January 9, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E85 spring 1997 with the community Boy Scouts. I commend them not only on their desire to This legislation transfers the Highway, Avia- Two town hall meetings were sponsored in keep their Hispanic heritage alive, but also in tion, Inland Waterways and Harbor Mainte- November, one at Sunset Park, Borough Park, their spirit and commitment to share it with ev- nance Trust Funds off budget and provides and the Bay Ridge Chinatown area and the eryone else. that trust fund balances will not be used in cal- other at the Sheepshead Bay and f culations by the Congressional Budget Office Bensonhurst neighborhood, to provide an op- regarding the Federal budget. portunity for the communities to voice their KIDS, POVERTY, AND THE NEED This bill guarantees that transportation taxes concerns. FOR HEALTH INSURANCE such as the taxes that our constituents pay In recognition of its many contributions to when they fill up their gas tank or when they the Brooklyn community, the Brooklyn Chi- HON. FORTNEY PETE STARK buy an airline ticket are used for their stated nese-American Association received the 1996 OF CALIFORNIA purpose, to improve and reinforce our coun- Welcome Back to Brooklyn Award for Out- IN THE HOUSE OF REPRESENTATIVES try's transportation infrastructure. standing Civic Leadership and Economic De- Currently cash balances in the transpor- velopment in Brooklyn. This honor was pre- Thursday, January 9, 1997 tation trust fund total $30 billion. It is wrong sented to both BCA and the 1996 Nobel Prize Mr. STARK. Mr. Speaker, this Congress that this funding is being used to mask por- winning scientist. In the past, this age old an- must stop the rise in poverty among the Na- tions of our Nation's budget deficit as opposed nual award has always been presented to dis- tion's children andÐa related issueÐstop the to upgrading our country's transportation infra- tinguished individuals and celebrities; however rise in the number of children who are unin- structure. This bill is a positive step forward this is the first time in history that an Asian or- sured. ensuring that our highways and airports get ganization received the prestigious honor. Fur- Two reports in December point to the mag- the help they need and according to the Con- thermore, the Brooklyn Historical Society also nitude of the problemÐand to some of the so- gressional Budget Office is an action that is honored BCA this year with the Brooklyn His- lutions. budget neutral. tory Maker Award. On December 11, the Center on Budget and As we approach the 21st century, this Na- Accordingly, Mr. Speaker, I urge our col- Policy Priorities reported that nearly 2.7 million leagues to support this worthy legislation. tion is becoming more ethnically and racially low-income children were eligible for Medicaid, diverse. Any endeavor that maximizes the par- but went without health insurance for all of f ticipation of immigrants into society is worthy 1994. In addition, 2.1 million children who of commendation. The Brooklyn Chinese- qualified for Medicaid, but were not enrolled, American Association's efforts to address the THE MEDICARE MAMMOGRAPHY had some form of private insurance at some ENHANCEMENT ACT needs of the Asian population of Brooklyn point in the year, but either were uninsured for deem it a great Point-of-Light not only for the part of the year or had inadequate private cov- people of Brooklyn, NY, but for all of America. erage that could have been supplemented by HON. BARBARA B. KENNELLY f Medicaid. OF CONNECTICUT Mr. Speaker, surely this Congress can find TRIBUTE TO THE CORAL GABLES IN THE HOUSE OF REPRESENTATIVES SENIOR HIGH SCHOOL RUEDA KIDS ways to make the Medicaid program more us- able and more automatic for the families of Thursday, January 9, 1997 needy children. If Medicaid eligible children HON. ILEANA ROS-LEHTINEN could be brought into the program, the rolls of Mrs. KENNELLY of Connecticut. Mr. Speak- OF FLORIDA the Nation's 10 million uninsured children er, the facts on breast cancer are well known: IN THE HOUSE OF REPRESENTATIVES could be easily and quickly reduced by 27 per- 44,000 women die from the disease every Thursday, January 9, 1997 cent. year in this Nation. The tragedy of this loss is In a second report, Columbia University's escalated by the fact that some and perhaps Ms. ROS-LEHTINEN. Mr. Speaker, I would even many of these deaths are preventable. like to take this opportunity to express my con- National Center for Children in Poverty found In short, mammography can and does save gratulations to the Coral Gables Senior High that nearly halfÐ45 percentÐof young chil- lives. As any doctor will tell you, the earlier School Rueda Kids for their fantastic dancing drenÐthose under 6Ðwere in poverty or near you find breast cancer, the less likely it is to abilities and their desire to keep our Hispanic poverty. Poverty among children = bad health be fatal. A mammogram can find 85 to 90 per- heritage alive through their performances in and a lifetime of social and personal problems. cent of breast cancer tumors in women as Cuban salsa musicÐRueda Casino. Their ex- As the report said: ``Young children in poverty much as 2 years before they can be detected ceptional talent and dedication to this art has are more likely to: be born at a low by self-examination. Routine screening for brought much happiness to all those who have birthweight; be hospitalized during childhood; breast cancer is therefore vitally important, es- been privileged enough to witness their die in infancy or early childhood; receive lower pecially for older women. Both the American dances. quality medical care;'' along with numerous Cancer Society and the National Cancer Insti- The Gables Rueda Kids started only last other problems. The list of problems facing our tute recommend annual mammograms for year as an informal group and has since then Nation's children of poverty could be ad- women over 50 years of age. received two awards from the U.S. Postal dressed in some part if their parents had de- Service and won first prize and a special cent health insurance and could at least en- Unfortunately, Medicare only covers mam- award at the Dade County Youth Fair in sure that their children were not disadvan- mograms every other year. Furthermore, the March. Among the group's future plan is to taged for life by an unhealthy start. 20 percent copayment for the service and the compete in a State competition to be held next We need health insurance for kids, so that annual Medicare deductible deter many spring and the member's participation in the their parents can ensure a better life for women from getting the screening. The Medi- Calle Ocho festival held yearly in Miami honor- themÐand for our Nation's future citizens. care Mammography Enhancement Act would ing their Cuban heritage. f eliminate these barriers to women receiving The dancers are 13 students, 10 of whom life-saving mammograms. The legislation TRUTH IN BUDGETING ACT were born in Cuba, 2 of Cuban parents and 1 would require Medicare to cover annual mam- that is originally from Honduras. Michael mograms and would waive the 20-percent co- Alonso, Kathleen Andino, Yurlaimes Caballero, HON. BENJAMIN A. GILMAN payment and any deductible costs for the Anyer Cruz, Niviys Diaz, David Espinosa, OF NEW YORK screening. Yulaidy Lopez, Eddy Gamayo, Evelyn Gon- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, a few years ago many of us in zalez, David Hernandez, Jesus Moreno, Car- Congress fought to make sure Medicare in- los Osle and Alicia Reyes-Quesada, who is Thursday, January 9, 1997 cluded coverage for at least biannual mammo- also their teacher, compose the group. All 13 Mr. GILMAN. Mr. Speaker, I rise in strong grams. We argued that it made good sense demonstrate their love for salsa music through support of the Truth in Budgeting Act and for Medicare to cover a test that could save so their dances and prove that America's teen- commend its sponsor, the gentleman from many lives at such little expense. The same agers are aware of their cultural background Pennsylvania [Mr. SHUSTER] for bringing this can be said of this legislation. I urge all of my and display it with pride. important measure to the floor. colleagues to support this effort to save lives. E86 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1997 INTRODUCING A CONCURRENT 1999. However, if in any fiscal year the Presi- and that knowledge makes his loss all the RESOLUTION ON THE SIGNIFI- dent determines that a balanced budget is not more deeply felt. CANCE OF CORAL REEF in the Nation's best interests, he is allowed to Dr. Harris is survived by his wife, Judith ECOSYSTEMS submit two budgets, one balanced and one Harris, his son, Ebon Lee, and his sister, Shei- with a deficit, with written justification for his la Ways. I want to express my condolences to HON. JIM SAXTON determination. The bill also requires the Con- them on their unexpected loss. OF NEW JERSEY gress to vote on a balanced budget each year, f IN THE HOUSE OF REPRESENTATIVES with the same flexibility given to the President to protect the Nation's security and fiscal IRS BURDEN OF PROOF BILL Thursday, January 9, 1997 health. Mr. SAXTON. Mr. Speaker, IÐalong with Most importantly, my bill would bring the HON. JAMES A. TRAFICANT, JR. my colleague from Hawaii, Mr. ABERCROM- American people into the debate on balancing OF OHIO BIEÐam pleased to introduce a concurrent the budget. A balanced budget amendment IN THE HOUSE OF REPRESENTATIVES resolution declaring the significance of main- would tell us only to balance the budgetÐand Thursday, January 9, 1997 taining the health and stability of coral reef includes huge loopholes to avoid itÐit does ecosystems. not tell us what an actual balanced budget Mr. TRAFICANT. Mr. Speaker, yesterday I Coral reefs have been called the tropical would look like. My bill would present to the introduced legislation to change the burden of rainforests of the oceans, and rightfully soÐ American people the actual numbersÐwhat proof in a civil tax case. This bill is similar to they are among the world's most biologically programs would be cut, by how much, and legislation I have introduced in past Con- diverse and productive marine habitats. They what it would mean for our families, our busi- gresses to right a serious injustice against tax- are also vitally important to coastal econo- nesses, and our Nation. We cannot succeed payers: In civil tax court, taxpayers are consid- mies, providing as the basis for subsistence in balancing the budget without such full dis- ered guilty until proven innocent. That's un- and commercial fishing as well as coastal and closure and thorough, honest debate. American and flat out wrong. marine tourism. Finally, reefs serve as natural In summary, my bill simply states that the Last year, Congress finally passed, and protection to the coastlines of several U.S. President should submit a balanced budget, President Clinton signed into law, the Tax- States and territories, such as Florida, Hawaii, the American people should review it, and the payer Bill of Rights II. That was an important Puerto Rico, the U.S. Virgin Islands, Guam, Congress should debate and vote on itÐnot step toward protecting American taxpayers and American Samoa. just talk about it. I urge my colleagues to join against Internal Revenue Service abuses. For these reasons, and in honor of the fact me in cosponsoring this legislation. However, it didn't go far enough. Far too many that 1997 has been declared the ``International f Americans still fear the IRSÐand with good year of the Reef,'' I urge swift and favorable reason. consideration of this resolution. A TRIBUTE TO DR. GEORGE D. The IRS is the only agency of the Federal f HARRIS Government that affects every American. We all hear complaints from constituents about LEGISLATION TO REQUIRE CON- HON. WILLIAM J. COYNE overregulation by OSHA, the EPA, or the De- SIDERATION OF A BALANCED OF PENNSYLVANIA partment of Justice. These regulations affect BUDGET IN THE HOUSE OF REPRESENTATIVES only small businessmen or manufacturers or farmers. However, the IRS hits each and ev- HON. KEN BENTSEN Thursday, January 9, 1997 eryone of us. Anyone who's received a notice OF TEXAS Mr. COYNE. Mr. Speaker, I rise today with in the mail from the IRS knows how it can IN THE HOUSE OF REPRESENTATIVES sadness to note the death of one of my con- cause the blood pressure to rise. stituents, Dr. George D. Harris. Dr. Harris died Americans should not fear their Govern- Thursday, January 9, 1997 recently at the age of 51. His early death is a ment. Sadly, too many Americans don't trust Mr. BENTSEN. Mr. Speaker, the first priority great loss for our community. the IRS. This has clouded their view of the en- of the 105th Congress is to finish the job of re- Dr. Harris, a resident of the Point Breeze tire Government. Congress could go a long storing fiscal responsibility and balancing the neighborhood in , was the kind of in- way toward reinstating the American people's Federal budget. dividual upon whom every community de- faith in the Federal Government by reigning in We must balance the budget fairly and re- pends. He spend his entire professional career powers of the IRS. Mending this broken rela- sponsibly by the year 2002, protecting vital in- helping at-risk young people meet the chal- tionship should be Congress' No. 1 priority. vestments such as Medicare, Medicaid, edu- lenges encountered in adolescence and young Shifting the burden of proof will do that. cation, and environmental protection. adulthood. He believed passionately in the im- My bill specifies that in the administrative Balancing the budget by the year 2002 is portance of getting a good education, and he process leading up to a court case, the burden not enough. We must enact into law an en- dedicated his life to inculcating his faith in of proof is on the taxpayer, but once the case forcement mechanism that requires the Presi- education in the young people of Pittsburgh goes to tax court, the burden of proof is dent and the Congress to work toward a bal- and Allegheny County. squarely on the IRS. anced budget every year, while providing nec- At the time of his death, Dr. Harris was the During the administrative process or any essary fiscal flexibility in times of emergency manager of the Bethesda Center, where he audit, the burden of proof should be on the such as military conflict and recession. worked to promote independence, family sta- IRS. The taxpayer should provide all pertinent To achieve these goals, today I am reintro- bility, and child welfare through motivation and data to support their claims and deductions in- ducing legislation that I filed in the last Con- education. Prior to that, he was executive di- cluding receipts, W±2 forms, and letters. gress to require the President to submit and rector of Pittsburgh New Futures, where he Should the taxpayer and the IRS not come to the Congress to vote on a balanced budget worked to reduce dropout rates and teen preg- an agreement, the process moves to the tax every year. nancy rates, and where he worked to help court. There the burden of proof should be on I believe my proposal is a better enforce- young people find jobs. From 1969 until 1988, the IRS. A taxpayer should be innocent until ment mechanism than an amendment to the when he left to join Pittsburgh New Futures, proven guilty in tax court, not the other way Constitution requiring a balanced budget be- he developed and oversaw a program at around. cause it provides both for fiscal responsibility Duquesne University that successfully reduced Mr. Speaker, my bill has three more sec- and necessary flexibility in times of emer- the dropout rate for Duquesne's African-Amer- tions to protect Americans from IRS abuses. gencies; it involves the American people by ican students. He was also a cofounder of First, a section requiring judicial consent and fully disclosing the options for and con- Bell-Harr Associates, an educational consult- a 15-day notice before the IRS can seize sequences of balancing the budget; and it ing firm. He earned his doctorate in education property. It also includes a provision to call for does not entangle the judicial branch in our from the University of Pittsburgh. an independent report detailing ways to offset Nation's fiscal policies, with the potential for Individuals like George HarrisÐpeople who potential revenue losses from a shift of the endless litigation. make helping others their life's workÐare all burden of proof. Finally, damages awarded by My bill takes a commonsense approach that too rare. Dr. Harris' personal warmth, energy, a judge for an unauthorized collection by the does not tamper with the Constitution. It re- and enthusiasmÐas well as his effective- IRS are excluded from gross income. quires the President to submit a balanced nessÐmade him rarer still. Countless people Mr. Speaker, an accused mass murderer budget each year, beginning in fiscal year understood and appreciated his special gifts, has more rights than a taxpayer fingered by January 9, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E87 the IRS. Jeffrey Dahmer and the ``Son of tributions of her citizens. I know that Ohio is and Thrift Charter Conversion Act, legislation Sam'' were considered innocent until they a much better place to live because of the that represents a significant step toward were proven guilty. Regular taxpaying Ameri- dedication and countless hours of effort given crafting meaningful financial reform legislation cans, however, are not afforded this protec- by Commissioner Rosanne Fisher. While that will take us into the 21st Century and put tion. Rosanne may be leaving her official capacity us on sound footing to compete in the global Mr. Speaker, during the last Congress, I in Williams County, I know she will continue to marketplace. highlighted the need for this legislation on the be actively involved in those causes dear to As I have said in the past, it is the respon- House floor by reading letters and cases I her. sibility of Congress after due diligence to have received from people around the country. I ask my colleagues to join me in paying make the important policy decisions giving You may remember the case of David and special tribute to Rosanne H. Fisher's record statutory authority for the structure of financial Millie Evans from Longmont, CO. The IRS re- of personal accomplishments and wishing her institutions. It is not in the best interest of the fused to accept their canceled check as evi- and her family all the best in the years ahead. system to continue to let the financial regu- dence of payment even though the check bore f lators make these decisions in a piecemeal, the IRS stamp of endorsement. Or how about and arbitrary fashion. For Congress to not act Alex Council, who took his own life so his wife THE UNREMUNERATED WORK ACT would be a serious abdication of our respon- could collect his life insurance to pay off their OF 1997 INTRODUCED sibility. IRS bill? Months later, a judge found him inno- In anticipation of resuming my role as Chair- cent of any wrongdoing. I have heard hun- HON. CONSTANCE A. MORELLA woman of the Financial Institutions and dreds of stories of IRS abuses like these on OF MARYLAND Consumer Credit Subcommittee, financial radio and television talk shows. Thousands of IN THE HOUSE OF REPRESENTATIVES modernization will be on the top of my agen- Americans have written to me personally with da. With that in mind, I am planning early and Thursday, January 9, 1997 their horror stories. comprehensive hearings to commence as Opponents argue that my bill will weaken Mrs. MORELLA. Mr. Speaker, today, I am soon as the committee completes its organiza- IRS's ability to prosecute legitimate tax cheats. introducing the Unremunerated Work Act, tion process. This bill will not affect IRS's ability to enforce which would direct the Commissioner of the For those of us that serve on the Banking tax law, it only forces them to prove allega- Bureau of Labor Statistics to conduct time-use Committee, we are painfully aware of how tions of fraud. My bill will ensure that IRS surveys to measure the unwaged work women controversial the issues surrounding the finan- agents act in accordance with the Standards and men do inside and outside of the home. cial services industry can be. To say the least, of Conduct required of all Department of Household, agricultural, volunteer, and child various sectors of the financial services indus- Treasury employees. Most importantly, it will care duties are considered unremunerated try have had different and often conflicting force the IRS to act in accordance with the work, the value of which would be included in views on how best to go about modernization. Constitution of the United States of America the gross national product [GNP] under this The legislation we are reintroducing today rep- where all citizens are considered innocent until act. resents the work of a coalition of 10 industry proven guilty. Unpaid work in the home is the full-time, organizations representing a broad cross-sec- Mr. Speaker, I am hopeful that this is the lifelong occupation for many Americans, most- tion of the financial services industry. Partici- year that Congress passes this bill. It is an im- ly women. For both men and women who pants in the Alliance group include: American portant piece of legislation. work for pay in the marketplace, household Bankers Association; ABA Securities Associa- f work absorbs many hours per week. Yet, little tion; American Financial Services Association; HONORING ROSANNE FISHER ON is known about the value of household work. America's Community Bankers; Consumers THE OCCASION OF HER RETIRE- The only national survey that measures the Banker Association; Financial Services Coun- MENT value of household work for the adult popu- cil; Investment Company Institute; Securities lation was conducted in the 1970's by the Uni- Industry Association; and The Bankers Round- versity of Michigan. Government statistics table. HON. PAUL E. GILLMOR have overlooked the amount of time spent on I am pleased to see the American Council OF OHIO housework, child care, agricultural work, food of Life Insurance [ACLI] has also begun par- IN THE HOUSE OF REPRESENTATIVES production, volunteer work, and unpaid work in ticipating in these discussion. In fact, several Thursday, January 9, 1997 family businesses. This visible work is often a of the new provisions included in this package Mr. GILLMOR. Mr. Speaker, I rise today to full-time job for many men and women, and is were at the ACLI's suggestion. pay tribute to an outstanding citizen of Ohio. also done by men and women who hold paid This legislation represents a concrete effort Williams County Commissioner Rosanne H. jobs in the marketplace. to break the current logjam that has blocked fi- Fisher is retiring after years of service to the Women continue to enter the work force in nancial services reform legislation in the past. people of Ohio. record numbers. They also continue to serve The bill incorporated many significant com- I have had the privilege of representing Wil- in many unpaid roles, from hours caring for promises between those competing interests. liams County in the U.S. House of Represent- their children, running their households, and For this reason, I believe it represents an im- atives through much of the time Rosanne has volunteering their time to charitable organiza- portant starting point for us to begin the de- served as commissioner. It has been a privi- tions. None of this ``unpaid'' work is counted bate on financial modernization. lege working with her to help Northwest Ohio. when Government gathers statistics on the This legislation is a comprehensive ap- I can tell you Rosanne has been a strong ad- productivity of Americans. The collection of proach that addresses affiliation issues, Glass- vocate and outstanding friend of our area. data about unpaid work would more accurately Steagall reform, functional regulation, insur- Rosanne's aggressive leadership was crucial reflect the total work that Americans contribute ance issues and thrift charter conversion by in securing funding for the Hillside Assisted to society, and would give greater value to the melding together key elements of the major Living Complex, establishment of Solid Waste roles played by both women and men as vol- reform bills introduced previously in Congress. District and Recycling, implementation of 911 unteers, household engineers, and care- While this latest ``Alliance'' bill is the product system, remodeling the senior center and the givers. of a great deal of good faith negotiation and establishment of a records center. f compromise by the major trade groups, it is She is member of the Ohio County Commis- nonetheless a work in progress that will re- sioner Association Board of Trustees, State INTRODUCTION OF THE DEPOSI- quire more discussion and development. While OCCA Legislative Board, and the State of TORY INSTITUTIONS AND each member of the Alliance for Financial Ohio Board of Adult Detention. A graduate of THRIFT CHARTER CONVERSION Modernization has participated in redrafting Libby High School and the University of To- ACT the legislation I am introducing today, they do ledo, Rosanne was first elected Commissioner not necessarily endorse all the provisions in in 1989. Throughout her distinguished tenure HON. MARGE ROUKEMA the current product. In addition, there are sev- with the County Commissioners, Rosanne has OF NEW JERSEY eral key elements missing from this bill. demonstrated her deep faith in, and dedication IN THE HOUSE OF REPRESENTATIVES For example, a clear definition of what is to, upholding the principles of American de- meant by the terms ``banking'', ``securities'', Thursday, January 9, 1997 mocracy. and ``insurance'' as well as a fair means to re- Mr. Speaker, we have often heard that Mrs. ROUKEMA. Mr. Speaker, I am reintro- solve any disputes that may arise between America works because of the unselfish con- ducing The Depository Institution Affiliation regulators over the proper characterization of E88 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1997 novel or hybrid products is an area of great This bill includes lists of activities that are insurance issues, and thrift charter conver- sensitivity for all financial service providersÐ deemed to be ``financial'' and entities that are sion. It does this by melding together key and one that still lacks a consensus among deemed to be ``financial services institutions.'' elements of the major reform bills that were considered by the last Congress. The pur- the industries. For this reason, this bill does A new National Financial Services Committee, poses of this approach are to (1) build on the not include such a provision. chaired by the Treasury Department and in- constructive efforts of Chairmen D’Amato In addition, America's Community Bankers cluding the bank regulators, the SEC, and a and Leach and Representatives McCollum, would like to see a much broader approach, representative state insurance commissioner Baker, and Roukema, among others, during and have urged that permissible holding com- would be created. the past two years; (2) provide a comprehen- pany affiliations be expended from financial Holding Company Oversight: The regulation sive framework for addressing the major con- activities to all businesses. This would extend and oversight of the new Financial Services cerns of the broadest possible range of indus- the unitary thrift holding company authority to Holding Companies would be based on the try participants; and (3) address legitimate all holding companiesÐa view that is sup- concerns of the regulators that were re- holding company risk assessment model that flected in both legislative and regulatory ported by the securities and insurance compa- currently is applied to the Securities Industry. proposals that emerged during the last sev- nies and other diversified financial companies This represents a change from the original Al- eral years. as well. However, this bill does not address liance bill that I introduced last year. As we 1. FINANCIAL SERVICES HOLDING COMPANIES the so-called ``chartering up'' approach which consider provisions that address the regulation Using modified language from the would allow thrifts and commercial banks to of various institutions, I will be taking special D’Amato-Baker bills, the draft bill creates a engage in insurance and real estate activities. care to assure that all institutions are regu- new and entirely optional structure for fi- Currently, commercial banks are now prohib- lated in such a way as to preserve the safety nancial companies to affiliate with banks. A ited in most cases from fully engaging in these and soundness and the integrity of the insur- company could choose to own a bank through a new ‘‘financial services holding activities; and thrift institutions, under this Alli- ance funds. ance proposal, would be forced to divest of company’’ that would not be subject to the Securities Activities: Provisions for certain Bank Holding Company Act. Instead, the fi- these activities and to nates the thrift charter securities activities such as asset-backed se- nancial services holding company would be and requires thrifts to convert to banks. curities and municipal revenue bonds could be subject to a new regulatory structure estab- I, too, have serious reservations regarding offered in a new, separate securities affiliate. lished by a newly-created section of financial many of the provisions included in this bill. These provisions are similar to provisions in- services law called the ‘‘Financial Services The least of which is the holding company cluded in the Leach bill and agreed to by the Holding Company Act.’’ Any company that regulation structure and the regulatory over- owns a bank but chooses not to form a finan- Commerce Committee. cial services holding company would remain sight authority. Elimination of the Thrift Charter: With the Last year's Alliance bill included a new reg- subject to the Bank Holding Company Act to new financial services holding company struc- ulation and oversight of holding companies the same extent and in the same manner as ture in place, the thrift charter would be elimi- based on similar requirements to the structure it is under existing law. However, an affiliate nated; thrifts would generally be converted to of a bank that is not part of a financial serv- currently applied to Unitary Holding Compa- banks, with grandfathering-transition provi- ices holding company generally could not en- nies. With the introduction of this legislation sions; and unitary thrift holding companies gage in securities activities to a greater ex- today, I have, at the Alliance's request, in- would be required to convert to either bank tent than has been permitted under existing cluded a different regulatory structure which law. holding companies or financial services hold- mirrors the current Securities industry risk as- Permissible Affiliations.—A financial serv- ing companies, also with grandfather-trans- sessment model. ices holding company could own or affiliate Let me be clear that I have reservations action provisions. The statutory language for with companies engaged in a much broader about both the previous model in last year's the charter conversion is similar to the lan- range of activities than is permitted for guage included in the last version of my Thrift bank holding companies under current law Alliance bill and the one included in the bill I (with contrary state law preempted). The bill am introducing today. A fundamental question Charter Conversion bill, H.R. 2363. I want to again reiterate that I do have seri- would not, however, eliminate all current re- of financial reform is to determine the most strictions on affiliations between banks and appropriate means of regulating the system to ous concerns with several of the provisions in- commercial firms. A financial services hold- preserve the safety and soundness of the fi- cluded in this bill. However, I believe this draft ing company would have to maintain at least nancial services industry and the taxpayers proposal is an important document because it 75 percent of its business in financial activi- dollars. As I begin hearings on this bill, this includes many compromises between the var- ties or financial services institutions, which will be a major focus. While I agree that the ious financial services industry. Clearly, there would include such institutions as banks, in- surance companies, securities broker deal- current holding company structure needs re- are issues associated with this legislation that are yet to be discussed. However, with the in- ers, and wholesale financial institutions. In form, I am not convinced that the model in- addition, a bank holding company that be- cluded in this bill is the most appropriate and troduction of this legislation we are advancing came a financial services holding company efficient means. the debate on financial services moderniza- could not enter the insurance agency busi- The key elements of the bill include: tion, and setting the stage for action in the ness through a new affiliate unless it bought Financial Services Holding Company 105th Congress that will take this industry into an insurance agency that had been in busi- [FSHC]: creation of a new, optional structure the 21st Century and beyond. ness for at least two years. Finally, foreign allowing financial companies to affiliate with There is no doubt that Congress has always banks could also choose to become financial had at its disposal the tools to modernize our services holding companies. banks similar to the D'Amato-Baker approach. The bill includes lists of activities that are A company could choose to own a bank Depression-era banking codes. What it has deemed to be ‘‘financial’’ and entities that through a new ``financial services holding com- lacked is the will. The pressures of competing are deemed to be ‘‘financial services institu- pany'' that would not be subjected to the Bank interests have made this task all but impos- tions.’’ A new National Financial Services Holding Company Act, but subject to a new sible and resulted in gridlock. This bill is a sig- Committee, which would be chaired by the regulatory structure. nificant first step toward breaking that logjam. Treasury Department and include the bank Permissible Affiliations: FSHCs could own or It includes major areas of compromise be- regulators, the SEC, and a representative affiliate with companies engaged in a much tween the various competing industries. Again, state insurance commissioner, would (1) de- broader range of activities than is permitted for I am planning for early and comprehensive termine whether additional activities should bank holding companies under current law. be deemed to be ‘‘financial’’ or additional hearings in my subcommittee on the issues of types of companies should be deemed to be The bill would not, however, eliminate all cur- financial modernization. ‘‘financial services institutions’’; and (2) rent restrictions on affiliations between banks Again, let me stress that I will proceed with issue regulations describing the methods for and commercial firms. A financial services great care. My primary goal will be to preserve calculating compliance with the 75 percent holding company would have to maintain at the safety and soundness of our financial sys- test. Other than these limited cir- least 75 percent of its business in financial ac- tem while protecting the American taxpayer cumstances, a financial services holding tivities or financial services institutions, which and the business and consumers that rely on company would not be subject to the cum- would include such institutions as banks, in- their services. bersome application and prior approval proc- surance companies, securities broker dealers, ess that currently applies to bank holding SUMMARY SECTION BY SECTION companies. and wholesale financial institution. The Draft bill is an effort to break the cur- Holding Company Oversight.—Because it FSHCs are restricted from entering the in- rent logjam that is blocking financial serv- would own a bank, a financial services hold- surance agency business through a new affili- ices reform legislation. It is a comprehensive ing company would be subject to certain su- ate unless it bought an insurance agency that approach that addresses affiliation issues, pervisory requirements, but only to the ex- had been in business for at least 2 years. Glass-Steagall reform, functional regulation, tent necessary to protect the safety and January 9, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E89 soundness of the bank. These supervisory re- required to convert to either bank holding addition, West Virginians can tell you that dur- quirements are virtually identical to those companies or financial services holding com- ing his Senate tenure he has served as sec- that currently apply to companies that own panies, also with grandfathering/transition retary of the Senate Democratic Conference, regulated securities broker dealers, and com- provisions. The statutory language for the panies that own regulated futures commis- charter conversion is similar to the language Senate majority whip, Senate majority leader, sion merchants—the so-called ‘‘holding com- included in the last version of the Roukema Senate minority leader, and President pro pany risk assessment provisions.’’ In the bill, which is the one that was used in the tempore. past six years, Congress has twice embraced House’s offer in the Budget Reconciliation Further, Senator BYRD has served his State this model for gathering information on po- conference in late 1995. and his country throughout an integral part of tential risk to regulated entities by affili- 3. NATIONAL MARKET FUNDED LENDING the high drama and history of the second half ated companies, once in the Market Reform INSTITUTIONS of the 20th centuryÐincluding the cold war, Act of 1990 (securities firms), and once in the Unlike the D’Amato-Baker bills, the draft Vietnam, Watergate, Iran-Contra, the collapse Futures Trading Practices Act of 1992 (fu- bill generally precludes a commercial firm of the Soviet Union, and the gulf war. He has tures traders). While the National Financial from owning an insured depository institu- Services Committee would establish uniform served under nine Presidents, one of whom tion. However, the bill recognizes the impor- standards for these requirements as they was assassinated, the other forced to resign tant role that nonfinancial companies play apply to depository institutions, the appro- the highest office in the land. in other aspects of the financial services in- priate Federal banking agency that regulate Senator BYRD is widely recognized for hav- dustry by allowing such companies to own the lead depository institution of the finan- ‘‘national market funded lending institu- ing achieved many milestones during his ca- cial services holding company would imple- tions.’’ This new kind of OCC-regulated insti- reer, among them being only one of three U.S. ment and enforce them. tution would have national bank lending Senators in history to have been elected to Apart from these general requirements, fi- powers, but would have no access to the fed- seven 6-year terms; being the first sitting nancial services holding companies would eral safety net: it could not take deposits or not be subject to the bank-like regulation Member of either House of Congress to begin receive federal deposit insurance, and it that currently applies to the capital and ac- and complete the study of law and obtain a would have no bank-like access to the pay- tivities of bank holding companies. However, law degree while serving in the Congress; ments system or the Federal Reserve’s dis- as in the D’Amato-Baker bills, financial being the first person in the history of West count window. In addition, the institution services holding companies would be subject could not use the term ‘‘bank’’ in its name. Virginia ever to serve in both chambers of his to the following additional safety and sound- By owning a national market funded lending State Legislature and both Houses of the U.S. ness requirements: institution, a nonfinancial company could Congress; obtaining the greatest number, the Affiliate transaction restrictions, includ- provide all types of credit throughout the ing but not limited to the requirements of greatest percentage, and the greatest margin country using uniform lending rates and Sections 23A and 23B of the Federal Reserve of votes cast in statewide, contested elections terms. Act. in his State; being the first U.S. Senator in Prohibition on credit extensions to non- f West Virginia to win a Senate seat without op- financial affiliates. position in a general election; and having SPECIAL TRIBUTE TO U.S. SEN- Change in Control Act restrictions. served longer in the U.S. Senate than anyone ATOR ROBERT C. BYRD OF WEST Insider lending restrictions. else in West Virginia history. VIRGINIA ON A HALF-CENTURY A ‘‘well-capitalized’’ requirement for sub- Mr. Speaker, these are remarkable achieve- sidiary banks. OF SERVICE TO THE NATION ments for one man, and we honor Senator Civil money penalties, cease-and-desist au- AND TO HIS STATE thority, and similar banking law enforce- BYRD for them. ment provisions applicable to violation of His greatest feat, in my estimation, is that the new statute. HON. NICK J. RAHALL II he has brought dignity and civility to the U.S. New criminal law penalty provisions for OF WEST VIRGINIA Senate every day of his life, throughout his knowing violations of the new statute. IN THE HOUSE OF REPRESENTATIVES tenure there. Divesture requirement applicable to banks Thursday, January 9, 1997 Senator ROBERT C. BYRD is a gentle but within any financial services holding com- firm leader, who has the ability to share, in his pany that fails to satisfy certain safety and Mr. RAHALL. Mr. Speaker, 50 years ago writing and vocally, his deep and abiding rev- soundness standards. yesterday, January 8, 1997, the senior Sen- Cross-Marketing Provisions.—As with the erence for the Senate as an institution. He ator from West Virginia, ROBERT C. BYRD, D’Amato-Baker bills, the bill would preempt constantly lectures, through his weekly history cross-marketing restrictions imposed on fi- began his service in the U.S. House of Rep- lessons, on the importance of knowing and nancial services holding companies by state resentatives where he served for 11 years, observing, and above all else, respecting, the law or any other federal law. moving to the Senate in 1958 where he has traditions of the Senate, its rules of engage- Securities Activities.—The draft bill in- served for the past 39 years. ment and the parliamentary procedures that cludes principal elements of the last-intro- As we all know, Senator BYRD celebrated govern it as an institution. duced version of the Leach bill in the pre- having cast his 14,000th vote in the U.S. Sen- vious Congress, H.R. 2520, as it related to And so it is with great personal honor that ate last year, at which time he had a 98.7 per- I rise on the occasion of his 50th anniversary Glass-Steagall issues. These include statu- cent voting average. tory firewall, ‘‘push-out,’’ and ‘‘functional year of U.S. Senate service, to pay tribute to regulation’’ provisions, with some modifica- Senator ROBERT C. BYRD is the nationally the well cherished and beloved senior Senator tions. These new restrictions would apply recognized historian in residence in the Sen- from West Virginia ROBERT C. BYRD, and to only to financial services holding companies; ateÐthe uncontested expert on the Senate as wish God's blessings upon himself personally, they would not apply to the securities or in- an institution, and the leading, nationally rec- and upon the important work he will do in the vestment company activities of banks that ognized expert on parliamentary procedures. coming years on behalf of his institution, his remained part of bank holding companies. West Virginia's citizens recognize Senator Wholesale Financial Institutions.—Finan- countrymen nationwide, and his especial work BYRD and applaud his achievements as a re- on behalf of his fellow West Virginians. cial services holding companies (but not searcher, lecturer, writer, and parliamentary bank holding companies) could also form un- f insured bank subsidiaries called wholesale fi- magician. That is all well and good, they say. nancial institutions or ‘‘WFIs.’’ Such WFIs It makes them very proud. SUPPORT FOR H.M.O. PATIENT could be either state or nationally chartered, But what makes Senator BYRD's people in REFORM and there would be no restrictions on the West Virginia most proud is that he is also ability of a WFI to affiliate with an insured one of themÐthat he is someone they can go HON. FORTNEY PETE STARK bank. A WFI would not be subject to the to, take their troubles, trials and tribulations to, statutory securities firewalls applicable to OF CALIFORNIA and know that he will hear them and he will IN THE HOUSE OF REPRESENTATIVES insured banks and their securities affiliates, intervene on their behalf at every opportunity but the WFI could not be used to evade such Thursday, January 9, 1997 statutory firewalls. to make things better. West Virginians know that Senator BYRD's every waking moment of Mr. STARK. Mr. Speaker, on Tuesday, Jan- 2. ELIMINATION OF THRIFT CHARTER service in the U.S. Senate is in their serviceÐ uary 7, I introduced legislation to provide a With the new financial services holding company structure in place, the thrift char- their best interests, their well beingÐand they comprehensive set of consumer protections ter would be eliminated; thrifts would gen- know this without one single iota of doubt. for people in managed care plans. erally be required to convert to banks, with Residents of West Virginia can name with One of my proposals is that Medicare and grandfathering/transition provisions; and pride the many accomplishments of Senator Medicaid should not start monthly paymentsÐ unitary thrift holding companies would be BYRDÐthose noted above first of all. But, in which can amount to somewhere between E90 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1997 $300 and $700 a monthÐfor a new HMO en- per year from Federal, State, and local gov- 2. Identify the State or other qualified re- rollee until that HMO actually meets with the ernments, an increase of 41 percent over cur- cipient responsible for carrying out the enrollee, shows them how to use the system, rent levels. To improve conditions to optimal project. 3. Is the project eligible for the use of Fed- and establishes a basic health profile on the levels would require doubling our current in- eral-aid funds (if a road or bridge project, individual. Today, an HMO can receive thou- vestment to $80 billion per year. Meeting please note whether it is on the National sands of dollars in payments before it ever these needs will require a variety of strategies, Highway System)? sees a patient or tries to maintain their health. including better use of existing systems, appli- 4. Describe the design, scope and objectives How can an HMO truly be a health mainte- cation of advanced technology, innovative fi- of the project and whether it is part of a nance organization, if it doesn't know what the nancing, and public-private partnerships. It is larger system of projects. In doing so, iden- health of the person is, whether the person is our goal to develop a bill that will meet these tify the specific segment for which project overweight, smokes, needs innoculations, has needs and maintain this world class system. funding is being sought including terminus points. high blood pressure or diabetes, et cetera, et Reauthorization is the top priority of the 5. What is the total project cost and pro- cetera? Subcommittee on Surface Transportation. In posed source of funds (please identify the Last August, the Public Policy Institute, part the second session of the 104th Congress, the federal, state or local shares and the extent, of the Division of Legislation and Public Policy subcommittee held a series of 12 ISTEA over- if any, of private sector financing or the use of the American Association of Retired Per- sight hearings and received testimony from of innovative financing) and of this amount, sons, issued an excellent paper entitled, 174 witnesses. The hearings gave many inter- how much is being requested for the specific ``Managed Care and Medicare.'' The paperÐ ested Members, the administration and af- project segment described in item #4? which does not necessarily represent formal 6. Of the amount requested, how much is fected groups the opportunity to testify and expected to be obligated over each of the policies of the associationÐrecommended: present their views. There was strong interest next 5 years? Health plans should be required to conduct in these hearings and they covered the pro- 7. What is the proposed schedule and status a comprehensive health assessment of new grams which need to be reauthorized in this of work on the project? patients upon enrollment, followed by specific coming bill. We would be happy to make cop- 8. Is the project included in the metropoli- provisions for improved access to primary and ies of these hearing transcripts available to tan and/or State transportation improve- specialty care on a routine basis. any interested Members. ment plan(s), or the State long-range plan, This is precisely the idea in my legislation, and if so, is it scheduled for funding? We anticipate that the bipartisan legislation 9. Is the project considered by State an/or and I hope other senior and patient advocacy we develop this year will be based largely on regional transportation officials as critical groups will consider this proposal and how it the information obtained at last year's exten- to their needs? Please provide a letter of sup- would help eliminate many of the abuses in sive programmatic hearings. As we begin this port from these officials, and if you cannot, the current enrollment of Medicare and Medic- process, we would like to offer Members the explain why not. aid beneficiaries. opportunity to inform the subcommittee about 10. Does the project have national or re- f any policy initiatives or issues that Members gional significance? 11. Has the proposed project encountered, want the subcommittee to consider including TRANSPORTATION COMMITTEE or is it likely to encounter, any significant or addressing in the reauthorization of ISTEA. PROCEDURES FOR ISTEA REAU- opposition or other obstacles based on envi- Members having such specific policy requests THORIZATION ronmental or other types of concerns? should inform the subcommittee in writing no 12. Describe the economic, energy effi- later than February 25, 1997. ciency, environmental, congestion mitiga- HON. THOMAS E. PETRI Many Members have already contacted the tion and safety benefits associated with com- OF WISCONSIN subcommittee to inquire about, or to request, pletion of the project. IN THE HOUSE OF REPRESENTATIVES specific funding for critical transportation 13. Has the project received funding through the State’s federal aid highway ap- Thursday, January 9, 1997 needs in their districts. With the convening of portionment, or in the case of a transit the new Congress, we anticipate that these re- Mr. PETRI. Mr. Speaker, on behalf of NICK project, through Federal Transit Adminis- quests will continue. Therefore, if you are in- tration funding? If not, why not? RAHALL, the ranking democratic member of the tending to request funding for these projects, 14. Is the authorization requested for the Subcommittee on Surface Transportation, BUD we will require that the request include the in- project an increase to an amount previously SHUSTER, the chairman of the Transportation formation set forth below. Although the sub- authorized or appropriated for it in federal and Infrastructure Committee, and JAMES committee has not yet decided how such re- statute (if so, please identify the statute, the OBERSTAR, the committee's ranking demo- amount provided, and the amount obligated quests will be handled, the information pro- cratic member, I would like to outline the sub- to date), or would this be the first authoriza- vided will allow the subcommittee to thor- committee's procedure for identifying items of tion for the project in federal statute? If the oughly evaluate each request as we determine concern to members as it takes up the reau- authorization requested is for a transit the appropriate action to take in this regard. thorization of the Intermodal Surface Transpor- project, has it previously received appropria- Any requests should be submitted no later tions and/or received a Letter of Intent or tation Efficiency Act of 1991 [ISTEA]. This leg- than February 25, 1997. Such submissions has FTA entered into a Full Funding Grant islation authorizes over $150 billion for our na- should be in writing and must include re- Agreement for the project? tion's highway, transit, motor carrier, safety, sponses to each of the 14 evaluation criteria f and research programs for 6 years and is due listed at the end of this statement. to expire on September 30, 1997. INTRODUCTION OF THE INTELLEC- We will also be holding a series of sub- The importance of the surface transportation TUAL PROPERTY ANTITRUST committee hearings in late February and early system cannot be overstated. There is ample PROTECTION ACT OF 1997 March at which time Members and local offi- evidence documenting the link between care- cials will have an opportunity to testify on be- ful infrastructure investment and increases in half of those requests. While these hearings HON. HENRY J. HYDE this nation's productivity and economic pros- are intended to give Members an opportunity OF ILLINOIS perity. For instance, between 1980 and 1989, to present information about specific project IN THE HOUSE OF REPRESENTATIVES highway capital investments contributed al- needs, it is not necessary for Members to tes- most 8 percent of annual productivity growth. Thursday, January 9, 1997 tify. A recent study demonstrated that the costs of Mr. HYDE. Mr. Speaker, today I am intro- We look forward to working with all Mem- highway investments are recouped through ducing the Intellectual Property Antitrust Pro- bers of the House as we prepare this impor- production cost savings to the economy after tection Act of 1997. I am pleased to be joined tant legislation which will set the course for only 4 years. Another study concluded that by my colleagues on the Judiciary Committee, our Nation's surface transportation programs. transit saves at least $15 billion per year in Mr. SENSENBRENNER, Mr. GEKAS, Mr. SMITH, TRANSPORTATION PROJECT EVALUATION CRI- congestion costs. Mr. GALLEGLY, Mr. CANADY, Mr. BONO, and Mr. TERIA, COMMITTEE ON TRANSPORTATION AND Despite the critical importance of our trans- FRANK who are original cosponsors of this leg- INFRASTRUCTURE, SUBCOMMITTEE ON SUR- portation systems to our Nation's economic FACE TRANSPORTATION islation. health, investment has fallen short of what is 1. Name and Congressional District of the Because of increasing competition and a needed. The Department of Transportation es- primary Member of Congress sponsoring the burgeoning trade deficit, our policies and laws timates that simply maintaining the current project, as well as any other Members sup- must enhance the position of American busi- conditions on our highway, bridge, and transit porting the project (each project must have nesses in the global marketplace. This con- systems will require investment of $57 billion a single primary sponsoring Member). cern should be a top priority for this Congress. January 9, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E91 A logical place to start is to change rules that cant portion of the computer industry, includ- will encourage the creation, development, and discourage the use and dissemination of exist- ing Silicon Valley in California and Microsoft in commercial application of new products and ing technology and prevent the pursuit of Washington. processes. It can mean technological ad- promising avenues of research and develop- So, in this very important area, the law says vances which create new industries, increase ment. Some of these rules arise from judicial one thing in the Ninth Circuit, a different thing productivity, and improve America's ability to decisions that erroneously create a tension in other circuits, and in still other circuits, the compete in foreign markets. between the antitrust laws and the intellectual courts have not spoken. See Antitrust Guide- I urge my colleagues in the House to join us property laws. lines for the Licensing of Intellectual Property, in cosponsoring this important legislation. If Our bill would eliminate a court-created pre- p. 4 n. 10. This lack of clarity causes uncer- you would like to join as a cosponsor, please sumption that market power is always present tainty about the law which, in turn, stifles inno- call Joseph Gibson of the Judiciary Committee in a technical antitrust sense when a product vation and discourages the dissemination of staff at extension 5±3951. protected by an intellectual property right is technology. sold, licensed, or otherwise transferred. The For example, under Supreme Court prece- f market power presumption is wrong because it dent, tying is subject to per se treatment under is based on false assumptions. Because there the antitrust laws only if the defendant has INTRODUCTION OF THE MARINE are often substitutes for products covered by market power in the tying product. However, RESOURCES REVITALIZATION intellectual property rights or there is no de- the presumption automatically confers market ACT OF 1997 mand for the protected product, an intellectual power on any patented or copyrighted product. property right does not automatically confer Thus, when a patented or copyrighted product HON. JIM SAXTON is sold with any other product, it is automati- the power to determine the overall market OF NEW JERSEY price of a product or the power to exclude cally reviewed under a harsh per se standard competitors from the marketplace. even though the patented or copyrighted prod- IN THE HOUSE OF REPRESENTATIVES On May 14, 1996, the Judiciary Committee uct may not have any market power. As a re- Thursday, January 9, 1997 held a thorough hearing on H.R. 2674, an sult, innovative computer manufacturers may Mr. SAXTON. Mr. Speaker, today I am identical bill that was introduced in the last be unwilling to sell copyrighted software with pleased to introduce the Marine Resources Congress. At the hearing, the bill received unprotected hardwareÐa package that many Revitalization Act of 1997, a bill to reauthorize support from the Intellectual Property Owners, consumers desireÐbecause of the fear that the National Sea Grant College Program. the American Bar Association, and the Licens- this bundling will be judged as a per se viola- By way of background, the National Sea ing Executives' Society. The administration tion of the prohibition against tying. The dis- Grant College Program was established by agreed that the bill reflected the proper anti- agreement among the courts only heightens Congress in 1966 in an effort to improve our trust policy, but hesitated to endorse a legisla- the problem for corporate counsel advising Nation's marine resource conservation efforts, tive remedy. their clients as to how to proceed. Moreover, to better manage those resources, and to en- Despite the administration's reluctance to it encourages forum shopping as competitors hance their proper utilization. Housed within endorse the bill fully in last year's hearing, the seek a court that will apply the presumption. the National Oceanic and Atmospheric Admin- recent antitrust guidelines on the licensing of Clearly, intellectual property owners need a istration, Sea Grant is modeled after the highly intellectual propertyÐissued jointly by the anti- uniform national rule enacted by Congress. trust enforcement agencies, the Department of Very similar legislation passed the Senate successful Land Grant College Program cre- Justice and the Federal Trade commissionÐ during past Congresses with broad, bipartisan ated in 1862. acknowledge that the court-created presump- support. S. 438 passed the Senate once as Over the past 30 years, Sea Grant has dra- tion is wrong. The guidelines state that the en- separate legislation and twice as an amend- matically defined our capabilities to make deci- forcement agencies ``will not presume that a ment to House-passed legislation during the sions about marine, coastal, and Great Lakes patent, copyright, or trade secret necessarily 100th Congress. S. 270, a similar bill, passed resourcesÐvast, publicly owned resources confers market power upon its owner. Al- the Senate again during the 101st Congress. which are of vital economic, social, and cul- though the intellectual property right confers During the debate over that legislation, op- tural importance to our rapidly growing coastal the power to exclude with respect to the spe- ponents of this procompetitive measure made populations. In doing so, Sea Grant promotes cific product, process, or work in question, various erroneous claims about this legisla- high quality, peer-reviewed scientific research. there will often be sufficient actual or potential tionÐlet me dispel these false notions at the Furthermore, Sea Grant distributes scientific close substitutes for such product, process, or outset. First, this bill does not create an anti- results regionally and locally through edu- work to prevent the exercise of market trust exemption. To the contrary, it eliminates cational and advisory programs at over 300 power.'' Antitrust guidelines for the Licensing an antitrust plaintiff's ability to rely on a de- universities and affiliated institutions nation- of Intellectual Property, April 6, 1995, p. 4 monstrably false presumption without provid- wide. Twenty-nine of these are specifically (emphasis in original). ing proof of market power. Second, this bill designated as Sea Grant colleges or institu- For too long, Mr. Speaker, court decisions does not in any way affect the remedies, in- tional programs, and they serve to coordinate have applied the erroneous presumption of cluding treble damages, that are available to Sea Grant activities on a State-by-State basis. market power thereby creating an unintended an antitrust plaintiff when it does prove its The Marine Resources Revitalization Act of conflict between the antitrust laws and the in- case. Third, this bill does not change the law 1997 authorizes funding for Sea Grant through tellectual property laws. Economists and legal that tying arrangements are deemed to be per fiscal year 2000; simplifies the definition of is- scholars have criticized these decisions, and se illegal when the defendant has market sues under Sea Grant's authority; clarifies the more importantly, these decisions have dis- power in the tying product. Rather, it simply responsibilities of State and national pro- couraged innovation to the detriment of the requires the plaintiff to prove that the claimed grams; consolidates and clarifies the require- American economy. market power does, in fact, exist before sub- ments for the designation of Sea Grant col- The basic problem stems from a lower Fed- jecting the defendant to the per se standard. leges and regional consortia; repeals the post- eral court decision that construed patents and Fourth, this bill does not legalize any conduct doctoral fellowship and international programs, copyrights as automatically giving the intellec- that is currently illegal. both of which have never been funded; and tual property owner market power. Digidyne Instead, this bill ensures that intellectual makes several minor clerical or conforming Corp. v. Data General Corp., 734 F.2d 1336, property owners are treated the same as all amendments. 1341±42 (9th Cir. 1984), cert. denied, 473 other companies under the antitrust laws, in- I would like to acknowledge three of my dis- U.S. 908 (1984). The sheer size of the Ninth cluding those relating to tying violations. The tinguished colleaguesÐDON YOUNG of Alaska, Circuit and its location make this holding a se- bill does not give them any special treatment, NEIL ABERCROMBIE of Hawaii, and SAM FARR rious problem, even though some other courts but restores to them the same treatment that of CaliforniaÐfor their leadership in this reau- have not applied the presumption. Abbott Lab- all others receive. thorization effort. We firmly believe that this oratories v. Brennan, 952 F.2d 1346, 1354±55 In short, the time has come to reverse the legislation represents a realistic approach to (Fed. Cir. 1991), cert. denied, 505 U.S. 1205 misdirected judicial presumption. We must re- reauthorizing the Sea Grant ProgramÐthe bill (1992); A.I. Root Co. v. Computer/Dynamics, move the threat of unwarranted liability from is inherently noncontroversial and has been Inc., 806 F.2d 673, 676 (6th Cir. 1986). The those who seek to market new technologies fully endorsed by the administration. By enact- Ninth Circuit covers nine States and two terri- more efficiently. The intellectual property and ing this legislation, we send a clear message tories, and it has a population of more than 45 antitrust laws should be structured so as to be supporting the protection and wise use of our million people. In addition, it contains a signifi- complementary, not conflicting. This legislation marine and coastal resources. E92 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1997 INTRODUCTION OF INDIVIDUAL INTRODUCTION OF INDIVIDUAL Savings and Investment Incentive Act enacted RETIREMENT ACCOUNT (IRA) RETIREMENT ACCOUNT [IRA] this year. LEGISLATION LEGISLATION SUPER INDIVIDUAL RETIREMENT ACCOUNT LEGISLATION HON. WILLIAM M. THOMAS DESCRIPTION OF PROVISIONS HON. RICHARD E. NEAL OF CALIFORNIA OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES Makes tax deductible IRAs available to all Americans IN THE HOUSE OF REPRESENTATIVES Thursday, January 9, 1997 Mr. THOMAS. Mr. Speaker, today I am in- Under the legislation, all Americans would Thursday, January 9, 1997 troducing the 105th Congress version of the be eligible for fully deductible IRAs by the year 2001. Current law only allows those tax- Super IRA legislation we expect to restore real Mr. NEAL of Massachusetts. Mr. Speaker, payers who are not covered by any other savings incentives to the Internal Revenue today Mr. Thomas and I are introducing the pension arrangement and whose income does Code. This year's bill, the Savings and Invest- Super IRA bill. This bill is comprehensive indi- not exceed $40,000 ($25,000 for singles) to be ment Incentive Act of 1997, represents the eligible for a fully deductible IRA. These in- vidual retirement account [IRA] legislation. The best selection of options for restoring and im- come limits would be gradually eliminated main purpose of this legislation is to make it proving the Individual Retirement Accounts over a four year period beginning 1997. easier for individuals to save for retirement. that have been so popular with taxpayers. All The $2,000 contribution limit would be in- Saving for retirement is an issue which we taxpayers will ultimately be able to choose be- dexed for inflation in $500 increments. must address. The Super IRA legislation will tween having an Individual Retirement Ac- Homemakers and other workers without help with retirement and we can do this in a count that allows them to deduct contributions employer pensions would be permitted to bipartisan manner. The phase ``economic se- for their retirement savings and an IRA Plus make up to a $2,000 tax deductible IRA con- curity'' has become part of our vocabulary. account allowing them to earn tax-free in- tribution regardless of whether their spouses During this session of Congress, we should do come. have an employer pension. This provision An outline of the bill follows. In addition, I builds on the homemaker IRA provisions in as much as possible to make individuals more the ‘‘Small Business Job Protection Act of secure in their retirement. want to note that Senate Finance Chairman 1996’’ signed into law in 1996. ROTH and Senator BREAUX, with whom I have Statistics about retirement and our savings worked closely in developing the bill, will be New kind of IRA—‘‘IRA Plus Account’’ are not promising. Chairman Alan Greenspan introducing the Savings and Investment Incen- of the Federal Reserve once stated that our Taxpayers will be offered a new IRA choice tive Act later this month. All of us agree that low national savings rate is our No. 1 eco- called the ‘‘IRA Plus Account.’’ Under the taxpayers need and deserve the savings in- IRA Plus Account, contributions would not nomic problem. Our national savings rate is centives this bill provides. be tax deductible. However, earnings on IRA only 1 percent of GDP. It is obvious that the American taxpayer Plus Account assets can be withdrawn tax- We are beginning to face what has been needs and wants the savings incentives this free if the account is open for at least 5 years commonly referred to as the ``graying of Amer- bill will provide. Studies indicate that today's and the IRA holder is at least age 591⁄2. A 10% ica.'' Within 30 years 1 out of every 5 Ameri- ``baby boomer'' workers are only saving 36 penalty would apply to early withdrawals unless they meet one of three special purpose cans will be over 65. In 15 years, the baby percent of the funds they will need to maintain distributions described below. boomers will begin turning 65. The baby their standards of living after retirement. In fact, people aged 60 to 64, those closest to Taxpayers can contribute up to $2,000 to ei- boomers generation consists of 76 million peo- ther a tax deductible IRA or a non-tax de- ple and this will result in Social Security bene- retirement, only have about $1,700 in financial ductible IRA Plus Account. They can also al- ficiaries doubling by the year 2040. Less than assets in the form of savings, checking, and locate any portion of the $2,000 limit between half of American workers are covered by pri- similar kinds of accounts. We need to give these two IRA accounts, (e.g., $1,000 to a tax vate sector pensions. taxpayers control of their funds so they can deductible IRA and $1,000 to the IRA Plus better prepare for the future. Account). The Super IRA legislation provides incen- The Super IRA bill makes critical changes in tives for individuals to save for their own re- Penalty-free IRA withdrawals for special pur- the law so taxpayers will have plenty of op- tirement. This legislation makes it easier for in- poses tions to choose from in saving for their future. dividuals to become personally responsible for The income caps that prevent many people The 10% penalty on early withdrawals their retirement. It will make all Americans eli- from making deductible contributions to IRA's would be waived if the funds are used to buy a first home, to pay educational expenses or gible for fully deductible IRA's by the year are eliminated over a 5-year period. A new 2001. Current law only allows those taxpayers to cover any expense during periods of unem- kind of account called an IRA Plus account ployment (after collecting unemployment who are not covered by any other pension ar- would be offered so taxpayers could earn tax- rangement and whose income does not ex- compensation for at least 12 weeks). Partici- free income. The bill makes all IRA's easier pants in 401(k) plans and 403(b) annuities ceed $40,000 to be eligible for a fully deduct- for taxpayers to use because it eliminates the could also receive penalty-free withdrawals ible IRA. need to coordinate contributions with other for these purposes under the legislation. Tax- The 10-percent penalty on early withdrawals kinds of retirement arrangements. This bill payers will still be liable for the income tax would be waived if the funds are used to buy gives taxpayers the liquidity they want. Funds due on the withdrawal, but no penalty tax would apply. Note: penalty-free withdrawals a first home, to pay educational expenses, or could be withdrawn from either type of IRA to from IRAs for medical expenses were pro- to cover any expense during periods of unem- fund family needs such as education, the pur- vided under the ‘‘Health Insurance Port- ployment. These are necessary legitimate pur- chase of a first home, or family support during ability and Accountability Act of 1996’’ poses. Otherwise these savings should just be periods of long-term unemployment. signed into law in 1996. used for retirement. IRA's enjoy a good deal of popularity among taxpayers. A number of surveys show just how Conversion of IRAs into IRA Plus Accounts The legislation creates a new type of IRA popular they are. One poll found 74 percent of called the IRA plus Account. Contributions Taxpayers will be allowed to ‘‘convert’’ the respondents would increase their savings their old IRA savings into IRA Plus Ac- would not be tax deductible, but earnings can if they had tax incentives to do so, precisely counts without incurring an early with- be withdrawn tax-free if the account is open what the Super IRA bill provides. Another sur- drawal penalty or an excess distribution pen- for at least 5 years and the IRA holder is at vey conducted in 1995 found that 77 percent alty. However, individuals must pay income least age 591¤2. These accounts provide an- tax on previously deducted contributions and of those contacted supported letting everyone other savings vehicle for individuals. corresponding earnings. If the conversion is have deductible IRA's while 69 percent like made before January 1, 1999, the taxpayer Super IRA legislation is not a panacea for the idea of penalty-free withdrawals for pur- can spread the tax payments over a four-year the social insecurity that we will inevitably chasing a first home, to provide education, or period. face, but is a reasonable, concrete solution to meet family needs during extended unemploy- Other features of the Thomas/Neal legislation make retirement savings easier. I urge you to ment. become a cosponsor of this legislation. I look IRA's are a savings incentive that everyone IRA and 401(k) contributions would not forward to working on the passage of the can support. Republicans and Democrats can have to be coordinated. Super IRA legislation during this session of support this bill and I hope my House col- IRA funds could be invested in certain Congress. leagues will join me in seeking to have the coins and bullion. January 9, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E93 TRIBUTE TO JOHN DUFFEY, AN asked Duffey how he wished to be remem- thesda-Chevy Chase High School. His father AMERICAN MUSICAL PIONEER bered. The answer was Duffeyesque: ``Well, I had been a singer with the Metropolitan hope no one will think I was a klutz.'' Opera, and the son inherited an exceptional HON. DAVID R. OBEY When the passage of time allows a broader singing voice with a range said to be three of perspective, I believe John Duffey will be con- four octaves. OF WISCONSIN As a high school student, the young Mr. sidered one of the most important creators of IN THE HOUSE OF REPRESENTATIVES Duffey developed a love for the bluegrass this music. Through his wit, laughter, extraor- music he heard on the radio. His father Thursday, January 9, 1997 dinary musical gifts and passionate perform- taught him the voice and breathing tech- Mr. OBEY. Mr. Speaker, it is a tradition of ance, he said, ``this is a great American work- niques of a classical opera singer, despite the House to take note of milestones and pas- ing class music.'' what was said to have been the elder sages in our Nation. Mid-last year the world of I extend condolences to his family, his fel- Duffey’s lack of enthusiasm for ‘‘hillbilly music lost Bill Monroe, who was widely re- low members of the Seldom Scene, and the music.’’ thousands who will miss him as I will. As a young man, Mr. Duffey worked at a garded as the founder of bluegrass. I take this variety of jobs, including that of printer and Mr. Speaker, I am inserting in the RECORD occasion to call attention to the fact that sadly repairer of stringed instruments. But his av- on December 10 we lost another giant in that at this point four articles. The first, the obituary ocation was music, and it soon became his musical tradition with the passing of John for John Duffey, written by Bart Barnes, which vocation as well. Duffey. appeared in the Washington Post. Second, the In 1957, with Bill Emerson and Charlie He was a remarkable singer of bluegrass, accompanying newspaper article, written by Waller, Mr. Duffey founded the Country Gen- possessed of a powerful vocal instrument, one Richard Harrington, which appeared in the tlemen, a bluegrass and folk music group that could soar to impossibly high notes or be- Post that same day. Third, an article written that for about 10 years rode the wave of folk for Bluegrass Unlimited by Dick Spottswood. music enthusiasm that surged through the come the soul of harmony and touch the 1960s. The group disbanded in the late 1960s, heart. He was a good performer with mandolin And fourth, a tribute to John Duffey written by Dudley Connell for Sing Out! magazine. Mr. and Mr. Duffey went to work as an instru- and guitar, and he was the prince of wit and ment repairman at a music store in the laughter. Connell is lead singer in The Seldom Scene, Cherrydale section of Arlington, which was He was a founding member of two bands which was cofounded by Mr. Duffey. how he was making a living when the Sel- that influenced string band musicians and [From the Washington Post, Dec. 11, 1996] dom Scene was formed. singers across the Nation and around the MUSICIAN JOHN DUFFEY DIES; LED THE GROUP ‘‘When we started the Seldom Scene, we all worldÐthe Country Gentlemen and the Sel- SELDOM SCENE had jobs and we didn’t care if anybody liked (By Bart Barnes) what we did or not,’’ Auldridge told The dom Scene. For more than 20 years, John Washington Post’s Richard Harrington last Duffey and the Seldom Scene could be heard John Duffey, 62, a singer and mandolin player who founded and led the Seldom year. ‘‘We just said, ‘We’re going to do some Thursday nights at the Birchmere in Alexan- Scene bluegrass group for 25 years, died Nov. bluegrass because we love it, and some dria. I had the pleasure of hearing them per- 10 at Arlington Hospital after a heart attack. James Taylor or Grateful Dead, and if people form there often. When my constituents would Mr. Duffey, who was known to music buy it, great. If they don’t, what do we come to town and asked me if there was lovers for a high, lonesome and lusty tenor care?’ ’’ something different they could see, I would al- voice that was once described as ‘‘one in a Mr. Duffey was a large and imposing man ways tell them if they wanted to see the peo- million,’’ had been a fixture in Washington’s with a precise and soulfully expressive voice, and his singing was invariably moving. But ple's music at its finest they should head down musical community since the 1950s. The Sel- dom Scene was probably the premier blue- he also had an engaging, irrepressible and to the Birchmere and see John Duffey and his grass band in the Washington area, accord- sometimes off-the-wall style of stage chatter friends perform. ing to Pete Kuykendall, the publisher of and a superb sense of timing that could John Duffey did not like being boss and he Bluegrass Unlimited magazine and a former break up an audience with a one-liner. liked being bossed even less, so these bands bandmate of Mr. Duffey’s. ‘‘What people love about him is that you were composed of partners. A John Duffey For 22 years, the Seldom Scene has played know he’s one of these guys stuck in the ’50s, comment about band structure can be applied regularly at the Birchmere in Alexandria. but he’s so happy with himself, so confident, to other aspects of life. He said, ``Democracy The group also has toured oveseas, played in and he’s also nuts,’’ Aulridge said in 1989. most of the 50 states and produced dozens of In the quarter-century since its formation, doesn't work all that well, but it keeps a group recordings, tapes and compact discs. the Seldom Scene built its reputation on happy longer than any other way of doing The group’s most recent album is ‘‘Dream flawless harmony, instrumental virtuosity business.'' He knew that from spending almost Scene,’’ released this fall. The Seldom Scene and a repertoire that included traditional 40 years in just two bands. played with other bluegrass bands on the bluegrass and modern popular music, rock A flamboyant performer famed for spoofs of Grammy Award-winning ‘‘Bluegrass: The tunes, swing and country, gospel and jazz. whatever needed spoofing and a general irrev- World’s Greatest Show.’’ Over the last quar- Over the years, there would be changes in erence on stage, John was modest, genial, ter-century, the group has played for the the group’s composition, but until last year, and almost shy off stage. likes of President Jimmy Carter and Vice the instrumental core remained the same: President Gore, as well as for members of Mr. Duffey on mandolin, Eldridge on banjo Like all great artists, John Duffey was aware Congress. and Auldridge on dobro. But Auldridge left of the beauty around him. He grew up in a The group was formed in 1971 by Mr. Duffey the group in December, leaving only two family with a father who was a professional and four others: Tom Gray, who worked for original members. singer, performing at one point for the Metro- National Geographic; Ben Eldridge, a mathe- In September, Mr. Duffey was inducted politan Opera. John seems to have never re- matician and computer expert; Mike along with the original Country Gentlemen jected any music that was in tune, and he had Auldridge, a graphic artist with the Wash- into the International Bluegrass Music Asso- a good ear. ington Star; and John Starling, a physician ciation’s Hall of Fame. He heard and was attracted to the music of and ear, nose and throat specialist. Survivors include his wife, Nancy L. The five men initially intended to sing and Duffey of Arlington. Appalachian migrants to the Washington area play together only occasionally, hence the from the upland South. Music is judged as name, Seldom Scene. ‘‘They started as a fun [From the Washington Post, Dec. 11, 1996] often for its social connection as its sound, thing, like a Thursday night poker game or JOHN DUFFEY: A MANDOLIN FOR ALL SEASONS a bowling night,’’ Kuykendall said. and this music had no status. But Duffey was (By Richard Harrington) not concerned about such things and he gave But the group soon progressed from occa- The National Observer once dubbed John this music a new milieu. Here was a tall man sional gettogethers to regular Thursday night appearances at the Red Fox Duffey ‘‘the father of modern bluegrass,’’ a with a crew cut and rapier wit performing bril- Inn in Bethesda, where they played to stand- paternity that suited the muscled, buzz-cut liant bluegrass and able to put any heckler in ing-room-only crowds, and, from there, to mandolinist and high tenor who was co- North America in his seat. the Birchmere, where they became a weekly founder of both the Country Gentlemen in Duffey loved the Appalachian sound, but he fixture. 1957 and the Seldom Scene in 1972. Those two was not from the area and did not care to pre- The Seldom Scene’s 15th-anniversary con- seminal acts not only helped popularize blue- tend that he was. So he helped enlarge the cert was held at the Kennedy Center, and it grass worldwide but made Washington the reach of the music. He chose songs from included a presidential citation from Ronald bluegrass capital of the nation in the ’60s and ’70s. modern and ancient sources; he worked on Reagan, whose press secretary, James Brady, was a regular at the Birchmere. It featured Already reeling from the recent death of vocal harmonies new to the genre. Thousands guest appearances by the likes of Linda bluegrass patriarch Bill Monroe, the music of younger players were impressed. Ronstadt and Emmylou Harris. and its fans may be excused for feeling or- In an interview on Washington's great Mr. Duffey, a resident of Arlington, was phaned right now. Duffey who died yesterday WAMU radio station, host Jerry Gray recently born in Washington and graduated from Be- at the age of 62 after suffering a heart attack E94 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1997 at his home in Arlington, was, like Monroe, 1957, what would soon be the Country Gentle- Those are the simple, immediate facts, the a towering figure, physically and histori- men played their first date, at the Admiral ones we enumerate when grief makes it dif- cally. Grill in Bailey’s Crossroads. They liked their ficult to think beyond them. John was a Duffey was also one of the most riveting sound, and decided to strike out on their commanding presence in the Washington, and riotous personas in bluegrass, as famous own. It was Duffey who came up with the D.C. area, where he was born, raised and for his (generally politically incorrect) jokes name, noting that a lot of bluegrass bands at hardly ever left. His sheer size and bulk and onstage shenanigans as for ripping off the time were calling themselves the so-and- would have made him stand out in any fiery mandolin solos and then flinging his in- so Mountain Boys. ‘‘We’re not mountain crowd. On stage, when he went to work on strument behind his back when he was boys,’’ he said. ‘‘We’re gentlemen.’’ that comparatively tiny mandolin, it never done—because, well, he was done. And scholars. At least Duffey was, spend- looked like a fair match, especially since ‘‘John was one of the half-dozen most im- ing hours at the Library of Congress’s vast John always made music look so deceptively portant players ever in this industry,’’ fellow Archive of Folk Song, looking for unmined easy. musician Dudley Connell said yesterday. ‘‘He musical treasures. Duffey was a product of John also played resonator guitar on a helped redefine how people looked at blue- the first American folk revival, which had number of early Starday singles, including grass, made it acceptable to the urban introduced urbanites to rural culture. And his notable ‘‘Traveling Dobro Blues.’’ He was masses by his choice of material and style of he in turn passed it on. ‘‘John was one of good at it too, but one can manage just so performance.’’ those people who brought rural music to the much, and John abandoned the instrument Connell, founder of the critically ac- city,’’ says Joe Wilson, head of the National early. Not so his finger-style guitar, which claimed Johnson Mountain Boys, joined the Council for the Traditional Arts. ‘‘He was has replaced or supplemented the mandolin Seldom Scene just a year ago when several of concerned with authenticity even though he in John’s arrangements many times over the that band’s longtime members left to devote didn’t share the [rural] background.’’ years. themselves to a band called Chesapeake. What came to be known as the ‘‘classic’’ John Duffey’s voice was his other superb That changeover represented a third act for Country Gentlemen lineup was settled in instrument. His father had been a profes- John Duffey, the Washington-born son of an 1959 with the addition of guitarist-singer sional singer, serving for a time in the Met- opera singer whose forceful and unusually Eddie Adcock. Duffey (high tenor), Waller ropolitan Opera chorus. John learned a few expressive voice was once described—quite (low tenor) and Adcock (baritone) created vocal secrets from him, especially the arts of accurately— as ‘‘the loudest tenor in blue- one of the finest vocal trios in bluegrass his- breathing and singing from the diaphragm. grass.’’ tory. The band’s repertoire deftly melded They served John well. His vocal agility, re- ‘‘John Duffey had such a presence onstage bluegrass, fold and country tunes in a way markable range, distinctive vocal har- you just had to watch him,’’ noted bluegrass that was both tradition-oriented and for- monies, and lovely intonation remained with and country music radio personality Katie ward-looking. And they began adapting pop- him right up to the end, and his voice was as Daley. ‘‘It wasn’t just that high tenor, ei- ular songs in the bluegrass style. instantly recognizable as any on the planet. ther. He had such flair that he made the Duffey ‘‘gave bluegrass accessibility to Many will remember John’s incredible gift music a joy to watch . . . at a time when so lawyers and accountants and people who for comedy, which grew out of the bad boy many bluegrass groups would just stand worked on Capitol Hill,’’ says Wilson. ‘‘He persona he cultivated on stage. He was a straight-faced at the mike.’’ was an interpreter in the finest sense of the child of the suburbs and his wit was hip and In terms of stubbornness and steel will, word, bringing grass-roots culture to an urbane rather than country. John’s irrever- Duffey was not unlike Bill Monroe, but elite.’’ ence never served to diminish his music, but where Monroe was a tireless proselytizer for Along with Flatt and Scruggs—a duo intro- he could and did ad-lib as skillfully as a pro- bluegrass, Duffey chose a different course duced to mass television audiences by the fessional comic. It was an attitude which had that left him far less famous. ‘‘Beverly Hillbillies’’ theme song—the Coun- been foreign to bluegrass. Before the Coun- ‘‘He was proud but didn’t want to pay any try Gentlemen probably made more blue- try Gentlemen appeared in 1957, hillbilly of the prices—interviews, travel, rehearsing, grass converts in the ’60s than Bill Monroe comedy had been the provenance of bass- recording,’’ says Gary Oelze, owner of the himself. They were criticized in traditional players who specialized in rube routines, Birchmere, the Virginia club put on the bluegrass circles for being too ‘‘progres- blackened teeth, and ill-fitting costumes. world entertainment map by virtue of the sive’’—for playing what was dismissively Their comedy at its best was crude and won- Seldom Scene’s 20-year residency there on dubbed ‘‘newgrass.’’ But on the emerging derful but it was no match for John Duffey, Thursday nights. bluegrass festival circuit and in venues as whose unrepentantly loud, tasteless clothes ‘‘He hated to rehearse, and would only pull un-Shamrock-like as Carnegie Hall, their ap- and flat-top haircut made him look like a out his mandolin when it was time to play,’’ proach made them the music’s most success- comic relic in the ’90s, much as Cousin Mort, Oelze recalled yesterday, ‘‘And he hated the ful ambassadors. Chick Stripling and Kentucky Slim appeared studio, where his theory was, ‘If I can’t do it By 1969, however, John Duffey was frus- to be rural leftovers in the ’50s. right in one take, then I can’t do it right at trated with traveling, terrified of flying, and The Country Gentlemen formed as a result all.’ He’s like Monroe in that both were set generally down on the music business. He re- of a 1957 auto accident involving the band of in their own ways. John was a big dominat- tired to an instrument-building and repair another bluegrass veteran, singer/mandolin- ing character and cantankerous old fart. It’s business in Arlington. In weekly gatherings ist Buzz Busby. Buzz’s band had contracted a hard to imagine the big guy gone.’’ at Bethesda’s tiny Red Fox Inn, he played July 4th engagement; to fill it, banjo player John Starling, a Virginia surgeon who was with other gifted musicians who didn’t want Bill Emerson engaged Charlie Waller, John for many years the Seldom Scene’s lead sing- to give up their day jobs. These sessions Duffey and a temporary bass player. The re- er, concedes that Duffey was ‘‘sometimes dif- blossomed, in 1972, into a band with a modest sult pleased everyone so much that they ficult to deal with from a professional stand- name: the Seldom Scene. gave themselves a new name and kept right point, but he was also true to himself and he The Country Gentlemen survived Duffey’s on working, even after Bill bequeathed the never changed. John was one of a kind.’’ departure, enduring 40 years around Waller, banjo chair to Pete Kuykendall, who subse- Starling first encountered Duffey while in its lone survivor. Perhaps the Seldom Scene quently turned it over to Eddie Adcock in medical school at the University of Virginia will go on, too. But John Duffey was so much 1959. Pete and John became fast friends, and in the mid-’60s; at the time, Duffey was with the focus, the showman, the entertainer— Pete continued to work behind the scenes for the Country Gentlemen and Starling would that huge man with his fingers flying over the Gentlemen, composing new songs for venture to Georgetown to catch them at the his tiny mandolin—that it’s hard to imagine them, introducing them to old ones, and pro- Shamrock on M Street. ‘‘I never dreamed the band, or bluegrass, without him. ducing their records for several years. Bass one day I’d play in the same band,’’ Starling player Tom Gray joined the group later cre- says, adding that ‘‘everything I know about [From Bluegrass Unlimited, Dec. 10, 1996] ating the Classic Country Gentlemen. the music business—especially to stay as far This unique combination of skills trans- JOHN H. DUFFEY away from it as possible—I learned from formed the band virtually overnight. Charlie John. March 4, 1934—December 10, 1996 Waller had always been at home with main- ‘‘Left to our own devices, the Seldom John Humbird Duffey died today. He was stream country music as well as bluegrass. Scene would have cleared a room in 10 min- 62. John and Bill Emerson’s knowledge extended utes without John,’’ Starling says with a I had to write that down and stare at it for to country, pop, jazz, blues and classical chuckle. ‘‘He was the entertainer, the rest of a few seconds to clear my mind and force music. The Country Gentlemen’s first us were players and singers. He did it all.’’ myself to acknowledge that unthinkable Starday release in 1958 clearly showed the Duffey’s career began with a care wreck in and, for now, unacceptable fact of life. His way: ‘‘It’s The Blues,’’ neither blues nor 1957 that injured a mandolin player, Buzz death came from a massive heart attack at bluegrass, was an experimental song which Busby, who fronted a bluegrass group. Bus- 10:20 a.m. at Arlington Hospital, after being would have then seemed challenging even to by’s banjo player, Bill Emerson, quickly taken in early this morning following some Nashville professionals. Its reverse. ‘‘Back- sought substitutes so the band could fulfill a breathing problems. Though he had a history woods Blues,’’ was a jazzy reprise of the 1920s major club date. of minor heart problems, his health had oth- pop standard ‘‘Bye Bye Blues’’ (which wasn’t Emerson found a young guitar player erwise been good—good enough for a success- blues either). named Charlie Waller and a young mandolin ful Seldom Scene performance in the New Marshall McLuhan once defined art as player named John Duffey. And so on July 4 York City area this past weekend. ‘‘anything you can get away with,’’ which January 9, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E95 precisely matched John Duffey’s attitude to- zine. Mr. Connell is lead singer in the Seldom ‘‘Sunrise’’, Bob Dylan’s ‘‘Its All Over Now wards bluegrass. John’s respect for the clas- Scene, co-founded by Mr. Duffey. Baby Blue’’, and a mandolin version of the sic Monroe model was exceeded by no one’s When John Duffey died on December 10, theme from the movie ‘‘Exodus’’. but the Monroe musical constraints which 1996, he left an imposing and very important John also recognized the importance of the defined classic bluegrass were only one op- forty year musical legacy. Folk Revival in the early 1960s and spent a tion for him. The Country Gentlemen’s ec- John was a big guy with commanding considerable amount of time at the Library lectic LP collections proceeded to span the stage presence. With his 1950s style flattop of Congress, researching material and gap from ancient hymns and tragic songs to hair cut, multicolored body builder paints achieving considerable success in composed Ian and Sylvia, Tom Rush, Lefty Frizzel, and and unmatching bowling shirt, he left an in- Bob Dylan pieces, woven into a broad and delible impression. When he arrived at the melodies for old poems he found during his usually scamless fabric by a versatile and in- stage with his trademark mandolin and research. Songs entering the Country Gen- spired group of musicians. home made cup holder, complete with a spe- tlemen’s repertoire in this manner include It turned out to be a perfect formula for cial clip ready to attach to an unattended the classic, ‘‘Bringing Mary Home’’ and ‘‘A those times. Mike Seeger pitched the Gents microphone stand, you knew John was ready Letter to Tom’’. In addition to collecting to Moe Asch, whose Folkways label pub- to go to work. and arranging old songs and poems, John lished four LPs by them. Those recordings His huge hands flew expertly across the composed and dedicated to his wife Nancy, quickly wound up in the hands of urban folk neck of his tiny mandolin at a speed that ‘‘The Traveler’’, and the haunting ‘‘Victim music buffs, becoming bluegrass primers for seemed impossible. He made it look so easy. to the Tomb’’, along with many others. many in northern cities and on college cam- John would occasionally invite other players But by the late 1960s John had tired of all puses. This new audience in turn was recep- in the audience to sit and play his mandolin. the traveling necessary to sustain a blue- tive to John’s adventurous music, and it They invariably found its high and tight ac- grass band. ‘‘I just got tired of saving up to helped pave the way for the Gentlemen’s tion intimidating. Akira Otsuka, a long time go on tour,’’ he said. In 1969 Duffey left the growing international following in the 1960s. Washington area player and John Duffey dis- Country Gentlemen with no intentions of ciple, once looked at me after attempting a As their career heated up, John grew tired performing again. During the 1969 to 1971, break on John’s mandolin and asked, ‘‘How of the necessary travel and retired from John operated a musical instrument repair does he play this thing?’’ music in 1969. But the hiatus proved brief; in shop. 1971 he joined Tom Gray, Mike Auldridge, John’s most remarkable instrument, how- and Ben Eldridge to form the Seldom Scene, ever, was his powerhouse tenor voice. There But in 1971 John again found himself in- whose name indicated that it was a group has never been any voice in bluegrass more volved with music business, and again, by ac- whose ambitions were limited. But lightning unmistakable or capable of such range as cident. He was joined in a informal group by struck again. With John Starling, a singer that of John Duffey’s. It seemed to ignore former Country Gentlemen bassist Tom whose abilities matched John’s, the group human bounds. His voice could range from Gray, and by Ben Eldridge, Mike Aldridge quickly achieved the status and respect pre- the soft and delicate, ‘‘Walk Through This and John Starling. This band would go on to viously accorded the Country Gentlemen. World With Me’’, to the aggressive and pow- be known as the Seldom Scene. By then, the Duffey approach had been la- erful, ‘‘Little Georgia Rose’’. Even at age 62, As the name implies, this group of musi- his voice was both challenging and inspiring beled ‘‘progressive bluegrass,’’ a label which cians did not form with the intention of to accompany. encouraged others to follow John’s example touring and playing music for a living. All John Duffey was as well known for his en- and even exceed it, with pop tunes and rock the members had day jobs and simply wanted tertaining stage swagger as for his incom- arrangements which often became tangential an outlet for their music. John said it was, to the classic models. John’s selections and parable musical abilities. He was like a loose cannon on stage. Unlike many performers ‘‘Sort of a boy’s night out, like a weekly arrangements sought to take alien material card game.’’ The group started out in a mem- and bring it towards bluegrass rather than who have been entertaining for a long period of time, John did not work from scripted ber’s basement, playing for fun, and then force bluegrass to conform to other popular moved to the small Red Fox Inn outside musics. It was the right approach; the stage patter. Anything and anybody was fair game. There were many times John would Washington, DC. The group would later move ‘‘newgrass’’ bands have come and gone while across the Potomac River to a weekly Thurs- the Seldom Scene has prospered and endured. hook onto a unsuspecting heckler in the au- dience and send the rest of the band mem- day night time slot at the Birchmere, in John Duffey wasn’t a sentimental person, Northern Virginia. and he’d probably be embarrassed by an out- bers scurrying for cover. But with that un- pouring of emotion. But it’s hard to envision predictable tension came a certain excite- Not being driven by the financial bluegrass without him, hard for those of us ment and unpredictability that was fuel for contraints to adhere to any of the rules nor- of his generation and beyond not to remem- the fire of all Seldom Scene stage shows. mally associated with a professional touring In his forty years in the bluegrass music, ber many evenings at the Crossroads, the group, the Seldom Scene did the music they John was unique and fortunate to have been Shamrock, the Cellar Door, the Red Fox and wanted to do the way they wanted to do it. the catalyst in forming two landmark bands. the Birchmere, local joints which may not John’s feeling was that ‘‘If people enjoy what The first came by accident, literally. have been up to the standard of the down- we do, fine. If they don’t, that’s okay, too.’’ On July 4th, 1957, Buzz Busby, a legendary town cocktail lounges, but where John, the With this freewheeling attitude, the group Washington area mandolin player and tenor Gents and the Scene enjoyed extended en- continued to stretch their musical reach by singer, was contracted to play a gig at a gagements over the past 40 years. That’s not recording tunes from the Eric Clapton cata- local night spot. When he was involved in an to say that John wasn’t influential beyond log, ‘‘Lay Down Sally’’ and ‘‘After Mid- automobile accident and was unable to make his home environs. He traveled when he had night’’, to long improvisational numbers the show, the group’s banjo player, Bill Em- to, to many parts of the globe, sharing the with extended jams like ‘‘Rider’’. erson, started making phone calls and ar- stage with everyone from Linda Ronstadt to ranged for Charlie Waller and John to fill in. This continuing tendancy to incorporate Bill Monroe—who uncharacteristically, rare- The resulting sound was pleasing to every- influences from outside of the traditional ly failed to crack a smile in John’s presence. one that they decided to give themselves a sources made it easier for the urban audi- John Duffey offstage was a modest and unas- new name and continue playing together. ences around Washington to identify with suming person, who nevertheless was a loyal Never one to follow trends, John felt that bluegrass. It also expanded the group’s popu- friend to many, professionals and fans alike. a band from Washington DC should choose a larity to far beyond the doors of the local DC Even those of us who weren’t close to him name that reflected its own heritage and not club scene. And the experimentation contin- can attest to the way his art touched our use a ‘‘So and So and the Mountain Boys’’ or ued. In the weeks before his death, the cur- lives and made them better. His death will be some other name that suggested they were rent band was in rehearsals for their next re- hard for the many music professionals whom from somewhere they were not. The name cording project and were working on an ar- he inspired, informed and befriended. There John chose was The Country Gentlemen, rangement to the Muddy Waters classic, hasn’t been much that’s taken place in blue- then a very urbane name for a bluegrass ‘‘Rollin’ and Tumblin’’. John Duffey and the grass since the 1950s that he hasn’t influ- band. His former colleague in that group, Seldom Scene continued to be active up to enced one way or another. Charlie Waller, continues to tour and per- the end, playing in Englewood, New Jersey, Survivors include John’s wife Nancy who, form with that band. just days before John’s death. among other things, has been a loyal, appre- Due to the interest of Bill Emerson and John Duffey’s influence on generations of ciative spouse, a daughter, Ginger Allred and John, tunes that were country, pop, blues, musicians cannot be overstated. Noted music three stepchildren: Donald Mitchell, Richard jazz, and classical became fair game for the historian, Dick Spottswood, said, ‘‘There Mitchell and Darci Holt. Country Gentlemen who became noted for hasn’t been much that’s taken place in blue- Goodbye, John, and thank you from the pushing the envelope of the existing blue- grass since the 1950s that he hasn’t influ- bottom of our hearts. Like the ads say, your grass repertoire. John said, ‘‘There were enced one way or another.’’ gifts will keep on giving. enough versions of ‘Blue Ridge Cabin Home’ and ‘Cabin in Caroline’ to go around.’’ He John Duffey is survivied by his wife Nancy [From Sing Out!] was looking for something different. Hence and daughter, Ginger Allred. He also has The following tribute to John Duffey writ- the Country Gentlemen’s song bag included three stepchildren; Donald Mitchell, Richard ten by Dudley Connell for Sing Out! maga- John’s jazzy mandolin interpretation of Mitchell, and Darci Holt. Thursday, January 9, 1997 Daily Digest

HIGHLIGHTS Senate and House met in joint session to count electoral votes. Senate Genta Hawkins Holmes, of California, a Career Chamber Action Member of the Senior Foreign Service, Class of Min- Routine Proceedings, pages S109–S117 ister-Counselor, as Ambassador to Australia. Measures Introduced: Six resolutions were intro- Anne W. Patterson, of Virginia, to be Ambassador duced, as follows: S. Res. 9–14. Page S112 to the Republic of El Salvador. Arma Jane Karaer, of Virginia, to be Ambassador Electoral Ballot Count: Senate met in Joint Session to Papua New Guinea, and to serve concurrently and with the House of Representatives to count the elec- without additional compensation as Ambassador Ex- toral ballots of the several States cast in the election traordinary and Plenipotentiary of the United States of the President and Vice President of the United of America to Solomon Islands, and as Ambassador States. Page S113 Extraordinary and Plenipotentiary of the United Measures Passed: States of America to the Republic of Vanuatu. Amending Senate Rules: Senate agreed to S. Res. Dennis K. Hays, of Florida, to be Ambassador to the Republic of Suriname. 9, amending paragraphs 2 and 3 of rule XXV of the John Francis Maisto, of Pennsylvania, to be Am- Standing Rules of the Senate. Page S109 bassador Extraordinary and Plenipotentiary of the Majority Party Committee Appointments: Senate United States of America to the Republic of Ven- agreed to S. Res. 10, making majority party appoint- ezuela. ments to certain Senate committees for the 105th Pete Peterson, of Florida, to be Ambassador to the Congress. Page S110 Socialist Republic of Vietnam. Minority Party Committee Appointments: Senate John Stern Wolf, of Maryland, a Career Member agreed to S. Res. 11, making minority party ap- of the Senior Foreign Service, Class of Minister- pointments to Senate committees for the 105th Con- Counselor, for the rank of Ambassador during his gress. Page S110 tenure of service as U.S. Coordinator for Asia Pacific Economic Cooperation (APEC). Minority Party Committee Appointments: Senate Richard W. Bogosian, of Maryland, a Career agreed to S. Res. 12, making minority party ap- Member of the Senior Foreign Service, Class of Min- pointments to Senate committees in paragraphs 3(a), ister-Counselor, for the rank of Ambassador during (b), and (c) of rule XXV. Page S110 his tenure of service as Special Coordinator for Majority Party Committee Appointments: Senate Rwanda/Burundi. agreed to S. Res. 13, making majority party appoint- Madeleine Korbel Albright, of the District of Co- ments to the Senate Committee on the Judiciary for lumbia, to be a Representative of the United States the 105th Congress. Pages S110±11 of America to the 51st Session of the General As- sembly of the United Nations. Majority Party Committee Appointments: Senate Edward William Gnehm, Jr., of Georgia, to be a agreed to S. Res. 14, making majority party appoint- Representative of the United States of America to ments to Senate committees for the 105th Congress. the 51st Session of the General Assembly of the Page S111 United Nations. Nominations Received: Senate received the follow- Karl Frederick Inderfurth, of North Carolina, to ing nominations: be an Alternate Representative of the United States Anthony Lake, of Massachusetts, to be Director of of America to the 51st Session of the General As- Central Intelligence. sembly of the United Nations. D27 D28 CONGRESSIONAL RECORD — DAILY DIGEST January 9, 1997 Victor Marrero, of New York, to be an Alternate Johnny H. Hayes, of Tennessee, to be a Member Representative of the United States of America to of the Board of Directors of the Tennessee Valley the 51st Session of the General Assembly of the Authority for a term expiring May 18, 2005. United Nations. Brigadier General Robert Bernard Flowers, United Lowell Lee Junkins, of Iowa, to be a Member of States Army, to be a Member and President of the the Board of Directors of the Federal Agricultural Mississippi River Commission, under the provisions Mortgage Corporation. of Section 2 of an Act of Congress, approved June Keith R. Hall, of Maryland, to be an Assistant 1879 (21 Stat. 37) (33 U.S.C. 642). Secretary of the Air Force. Kevin L. Thurm, of New York, to be Deputy Sec- Susan R. Baron, of Maryland, to be a Member of retary of Health and Human Services. the National Corporation for Housing Partnerships David J. Barram, of California, to be Adminis- for the term expiring October 27, 1997. trator of General Services. Charles A. Gueli, of Maryland, to be a Member Denis J. Hauptly, of Minnesota, to be Chairman of the Board of Directors of the National Institute of the Special Panel on Appeals for a term of six of Building Sciences for a term expiring September years. 7, 1999. Leo K. Goto, of Colorado, to be a Member of the Niranjan S. Shah, of Illinois, to be a Member of Board of Directors of the Civil Liberties Public Edu- the Board of Directors of the National Institute of cation Fund for a term of two years. Building Sciences for a term expiring September 7, Don T. Nakanishi, of California, to be a Member 1998. of the Board of Directors of the Civil Liberties Pub- Yolanda Townsend Wheat, of Missouri, to be a lic Education Fund for a term of two years. Member of the National Credit Union Administra- Peggy A. Nagae, of Oregon, to be a Member of tion Board for the term of six years expiring August the Board of Directors of the Civil Liberties Public 2, 2001. Education Fund for a term of three years. Sheila Foster Anthony, of Arkansas, to be a Fed- Dale Minami, of California, to be a Member of eral Trade Commissioner for the term of seven years the Board of Directors of the Civil Liberties Public from September 26, 1995. Education Fund for a term of three years. Triruvarur R. Lakshmanan, of New Hampshire, to Yeiichi Kuwayama, of the District of Columbia, be Director of the Bureau of Transportation Statis- to be a Member of the Board of Directors of the tics, Department of Transportation, for the term of Civil Liberties Public Education Fund for a term of four years. three years. Jerry M. Melillo, of Massachusetts, to be an Asso- Elsa H. Kudo, of Hawaii, to be a Member of the ciate Director of the Office of Science and Tech- Board of Directors of the Civil Liberties Public Edu- nology Policy. cation Fund for a term of two years. Kerri-Ann Jones, of Maryland, to be an Associate Robert F. Drinan, of Massachusetts, to be a Mem- Director of the Office of Science and Technology ber of the Board of Directors of the Civil Liberties Policy. Public Education Fund for a term of three years. Heidi H. Schulman, of California, to be a Member Susan Hayase, of California, to be a Member of of the Board of Directors of the Corporation for Pub- the Board of Directors of the Civil Liberties Public lic Broadcasting for a term expiring January 31, Education Fund for a term of three years. 2002. Michael A. Naranjo, of New Mexico, to be a Ronald Kent Burton, of Virginia, to be a Member Member of the Board of Trustees of the Institute of of the Board of Trustees of the Morris K. Udall American Indian and Alaska Native Culture and Scholarship and Excellence in National Environ- Arts Development for a term expiring May 19, mental Policy Foundation for a term expiring Octo- 2002. ber 6, 2002. Jeanne Givens, of Idaho, to be a Member of the D. Michael Rappoport, of Arizona, to be a Mem- Board of Trustees of the Institute of American In- ber of the Board of Trustees of the Morris K. Udall dian and Alaska Native Culture and Arts Develop- Scholarship and Excellence in National Environ- ment for a term expiring October 18, 2002. mental Policy Foundation for a term expiring Octo- Barbara Blum, of the District of Columbia, to be ber 6, 2002. a Member of the Board of Trustees of the Institute Judith M. Espinosa, of New Mexico, to be a of American Indian and Alaska Native Culture and Member of the Board of Trustees of the Morris K. Arts Development for a term expiring May 19, Udall Scholarship and Excellence in National Envi- 2002. ronmental Policy Foundation for a term of four Letitia Chambers, of Oklahoma, to be a Member years. of the Board of Trustees of the Institute of American January 9, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D29 Indian and Alaska Native Culture and Arts Develop- John A. Armstrong, of Massachusetts, to be a ment for a term expiring May 19, 2000. Member of the National Science Board, National Sophia H. Hall, of Illinois, to be a Member of the Science Foundation, for a term expiring May 10, Board of Directors of the State Justice Institute for 2002. a term expiring September 17, 1997. Stanley Vincent Jaskolski, of Ohio, to be a Mem- Sophia H. Hall, of Illinois, to be a Member of the ber of the National Science Board, National Science Board of Directors of the State Justice Institute for Foundation, for a term expiring May 10, 2002. a term expiring September 17, 2002. Jane Lubchenco, of Oregon, to be a Member of Rose Ochi, of California, to be Director, Commu- the National Science Board, National Science Foun- nity Relations Service, for a term of four years. dation, for a term expiring May 10, 2000. Daniel Guttman, of the District of Columbia, to Richard A. Tapia, of Texas, to be a Member of be a Member of the Occupational Safety and Health the National Science Board, National Science Foun- Review Commission for a term expiring April 27, dation, for a term expiring May 10, 2002. 2001. Mary K. Gaillard, of California, to be a Member Gerald N. Tirozzi, of Connecticut, to be Assistant of the National Science Board, National Science Secretary for Elementary and Secondary Education, Foundation, for a term expiring May 10, 2002. Department of Education. Bob H. Suzuki, of California, to be a Member of Hulett Hall Askew, of Georgia, to be a Member the National Science Board, National Science Foun- of the Board of Directors of the Legal Services Cor- dation, for a term expiring May 10, 2002. poration for a term expiring July 13, 1998. Eamon M. Kelly, of Louisiana, to be a Member of Ernestine P. Watlington, of Pennsylvania, to be a the National Science Board, National Science Foun- Member of the Board of Directors of the Legal Serv- dation, for a term expiring May 10, 2002. ices Corporation for a term expiring July 13, 1999. Vera C. Rubin, of the District of Columbia, to be Mary Lucille Jordan, of Maryland, to be a Member a Member of the National Science Board, National of the Federal Mine Safety and Health Review Com- Science Foundation, for a term expiring May 10, mission for a term of six years expiring August 30, 2002. 2002. Routine lists in the Army. Pages S115±17 Nathan Leventhal, of New York, to be a Member Messages From the House: Pages S111±12 of the National Council on the Arts for a term ex- Recess: Senate convened at 12:31 p.m. and, in ac- piring September 3, 2002. cordance with S. Con. Res. 3, recessed at 1:24 p.m., Joseph Lane Kirkland, of the District of Colum- until 12 noon, on Tuesday, January 21, 1997. (For bia, to be a Member of the Board of Directors of the Senate’s program, see the remarks of the Majority United States Institute of Peace for a term expiring Leader in today’s Record on page S115.) January 19, 2001. A. E. Dick Howard, of Virginia, to be a Member of the Board of Trustees of the James Madison Me- Committee Meetings morial Fellowship Foundation for a term of six years. (Committees not listed did not meet) Jon Deveaux, of New York, to be a Member of the National Institute for Literacy Advisory Board AIR BAG SAFETY for a term expiring October 12, 1998. Committee on Commerce, Science, and Transportation: Anthony R. Sarmiento, of Maryland, to be a Committee held hearings to examine air bag safety, Member of the National Institute for Literacy Advi- receiving testimony from Senator Kempthorne; Ri- sory Board for a term expiring September 22, 1998. cardo Martinez, Administrator, National Highway Sarah McCracken Fox, of New York, to be a Traffic Safety Administration; James Hall, Chairman, Member of the National Labor Relations Board for and Elaine B. Weinstein, Chief, Safety Studies Divi- the term of five years expiring August 27, 2000. sion, both of the National Transportation Safety Magdalena G. Jacobsen, of Oregon, to be a Mem- Board; Joan Claybrook, Public Citizen, Andrew ber of the National Mediation Board for a term ex- Card, Susan M. Cischke, Chrysler Corporation, Lou piring July 1, 1999. Camp, Ford Motor Company, and Bob Lange, Gen- Patricia M. McMahon, of New Hampshire, to be eral Motors Corporation, all on behalf of the Amer- Deputy Director for Demand Reduction, Office of ican Automobile Manufacturers Association, and National Drug Control Policy. Janet Dewey, Air Bag Safety Campaign, all of Wash- M. R. C. Greenwood, of California, to be a Mem- ington, D.C.; Philip Hutchison, Association of Inter- ber of the National Science Board, National Science national Automobile Manufacturers, and Brian Foundation, for a term expiring May 10, 2002. O’Neill, Insurance Institute for Highway Safety, D30 CONGRESSIONAL RECORD — DAILY DIGEST January 9, 1997 both of Arlington, Virginia; Charles H. Pulley, Affairs, Kenneth Kizer, Under Secretary for Health, Automotive Occupant Restraints Council, Lexington, and Stephen L. Lemons, Acting Under Secretary for Kentucky; Kathleen Jones, Blacksburg, Virginia; and Benefits, all of the Department of Veterans Affairs; Robert Sanders, Parents Coalition for Air Bag George J. Tenet, Acting Director, Nora Slatkin, Ex- Warnings, Baltimore, Maryland. ecutive Director, and Sylvia Copeland, Executive Of- Hearings were recessed subject to call. ficer, Office of Weapons, Technology, and Prolifera- tion, all of the Central Intelligence Agency; and GULF WAR ILLNESSES Joyce C. Lashof, Chair, and Philip J. Landrigan, Committee on Veterans’ Affairs: Committee held hear- Member, both of The Presidential Advisory Commit- ings to examine Persian Gulf War illnesses, receiving tee on Persian Gulf War Veterans’ Illnesses. testimony from Jesse Brown, Secretary of Veterans Committee recessed subject to call. h House of Representatives Tellers on the Part of the House for count of the Chamber Action Electoral Votes. Page H76 Bills Introduced: 67 public bills, H.R. 382–448; 7 Recess: House recessed at 12:09 p.m. and recon- private bills, H.R. 375–381; and 16 resolutions, vened at 12:59 p.m. Page H76 H.J. Res. 25–31, H. Con. Res. 6–8, and H. Res. 25–30, were introduced. Pages H138±56 Electoral Ballot Count: Pursuant to the provisions of S. Con. Res. 1, the House and Senate met in joint Reports Filed: There were no reports filed today. session and counted the votes cast by the electors for Committee Resignation: Read a letter from Rep- President and Vice-President of the United States of resentative Bunning wherein he resigns from the Se- America. The count disclosed the following votes lect Committee on Ethics. Subsequently, the Speaker cast for President: Bill Clinton of Arkansas, 379; and announced the appointment of Representative Lamar Bob Dole of Kansas, 159. The count disclosed the Smith of Texas to fill the vacancy. Page H75 following votes for Vice President: Al Gore of Ten- Public Law Technical Correction: House passed nessee, 379; and Jack Kemp of Maryland, 159. Rep- H.J. Res. 25, making technical corrections to the resentatives Thomas of California and Gejdenson, on Omnibus Consolidated Appropriations Act, 1997 the part of the House, and Senators Warner and (Public Law 104–208). Pages H75±76 Ford, on the part of the Senate, served as tellers. Pages H76±77 Committee Chairman Election: House agreed to H. Res. 25, electing Representative Sensenbrenner, Recess: House recessed at 1:28 p.m. and reconvened Chairman, Committee on Science; Representative at 1:45 p.m. Page H77 Talent, Chairman, Committee on Small Business; Quorum Calls—Votes: No quorum calls or votes and Representative Stump, Chairman, Committee on developed during the proceedings of the House Veterans’ Affairs. Page H76 today. Chief Administrative Officer: The Speaker ap- Adjournment: Met at noon and, pursuant to the pointed Jeff Trandahl of Virginia to act as, and to provisions of S. Con. Res. 3, adjourned at 2:11 p.m. exercise temporarily the duties of Chief Administra- until 10 a.m. on Monday, January 20, 1997. tive Officer of the House of Representatives. Subse- quently, the Speaker administered the Oath of Office to Mr. Trandahl. Page H76 Committee Meetings Deputy Clerk: Read a letter from the Clerk wherein COMMITTEE ORGANIZATION she designates Ms. Linda Nave, Deputy Clerk, to sign papers and do all other acts under the name of Committee on Agriculture: On January 8, the Commit- the Clerk of the House of Representatives in the tee met for organizational purposes. Clerk’s temporary absence or disability. Page H76 COMMITTEE ORGANIZATION Electoral Vote Tellers: The Speaker appointed Rep- Committee on House Oversight: On January 8, the Com- resentatives Thomas of California and Gejdenson as mittee met for organizational purposes. January 9, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D31 COMMITTEE ORGANIZATION COMMITTEE MEETINGS FOR FRIDAY, Committee on Rules: On January 8, the Committee JANUARY 10, 1997 met for organizational purposes. (Committee meetings are open unless otherwise indicated) Senate COMMITTEE ORGANIZATION No meetings are scheduled. Committee on Transportation: On January 8, the Com- mittee met for organizational purposes. House Select Committee on Ethics: January 12, executive, to con- IN THE MATTER OF REPRESENTATIVE sider pending business, 1:30 p.m., HT–2M Capitol. NEWT GINGRICH January 13, to hear presentations of James Cole and Counsel for Respondent in the matter of Representative Select Committee on Ethics: On January 8, the Commit- Gingrich, 9 a.m., HT–2M Capitol. tee met in executive session to consider scheduling January 14–17, sanction hearings and recommendations of sanction hearings in the matter of Representative in the matter of Representative Gingrich, 9 a.m., room Gingrich. to be announced. Joint Meetings Joint Economic Committee, to hold hearings to examine the employment-umemployment situation for December, 9:30 a.m., 1334 Longworth. D32 CONGRESSIONAL RECORD — DAILY DIGEST January 9, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Tuesday, January 21 10 a.m., Monday, January 20

Senate Chamber House Chamber Program for Tuesday: No legislative business is sched- Program for Monday: Inauguration ceremonies. uled. (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- spective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Graham, Lindsey O., S.C., E73 Petri, Thomas E., Wisc., E90 Harman, Jane, Calif., E82 Rahall, Nick J., II, W.V., E89 Baldacci, John Elias, Maine, E83 Hyde, Henry J., Ill., E90 Richardson, Bill, N.M., E74, E80 Barcia, James A., Mich., E76 Kennelly, Barbara B., Conn., E85 Ros-Lehtinen, Ileana, Fla., E85 Barton, Joe, Tex., E83 Klink, Ron, Pa., E73, E78 Roukema, Marge, N.J., E87 Bentsen, Ken, Tex., E86 LaHood, Ray, Ill., E81 Saxton, Jim, N.J., E86, E91 Bono, Sonny, Calif., E81 Lantos, Tom, Calif., E74, E78 Solomon, Gerald B.H., N.Y., E78 Calvert, Ken, Calif., E81 Lewis, Jerry, Calif., E74, E81 Spence, Floyd, S.C., E79 Coble, Howard, N.C., E76 Maloney, Carolyn B., N.Y., E81 Stark, Fortney Pete, Calif., E73, E74, E80, E82, E85, Coyne, William J., Pa., E86 Matsui, Robert T., Calif., E84 E89 Filner, Bob, Calif., E79 Morella, Constance A., Md., E87 Thomas, William M., Calif., E92 Forbes, Michael P., N.Y., E83 Neal, Richard E., Mass., E92 Traficant, James A., Jr., Ohio, E86 Gillmor, Paul E., Ohio, E87 Obey, David R., Wisc., E93 Vento, Bruce F., Minn., E81 Gilman, Benjamin A., N.Y., E73, E76, E80, E85 Owens, Major R., N.Y., E84 Young, Don, Alaska, E83

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