JOURNAL OF THE

520

T53.8 MARCH 30

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chambliss

Christensen

Chrysler

Clinger

Coble

Coburn

Collins (GA)

Combest

Condit

Cooley

Cox

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

Deal

DeLay

Diaz-Balart

Dickey

Doolittle

Dornan

Dreier

Duncan

Dunn

Ehlers

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Fawell

Fields (TX)

Flanagan

Foley

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk

Gallegly

Ganske

Gekas

Geren

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Goss

Graham

Greenwood

Gutknecht

Hall (TX)

Hancock

Hansen

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Horn

Hostettler

Houghton

Hunter

Hutchinson

Inglis

Istook

Johnson (CT)

Johnson, Sam

Jones

Kasich

Kelly

Kim

King

Kingston

Klug

Knollenberg

Kolbe

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Livingston

LoBiondo

Longley

Lucas

Manzullo

Martini

McCollum

McCrery

McDade

McHugh

McInnis

McIntosh

McKeon

Metcalf

Meyers

Mica

Miller (FL)

Molinari

Montgomery

Moorhead

Morella

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Oxley

Packard

Parker

Paxon

Peterson (MN)

Petri

Pombo

Porter

Portman

Pryce

Quillen

Quinn

Radanovich

Ramstad

Regula

Riggs

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Rose

Roth

Roukema

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Schiff

Seastrand

Sensenbrenner

Shadegg

Shaw

Shays

Shuster

Sisisky

Skeen

Skelton

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Stearns

Stockman

Stump

Talent

Tate

Tauzin

Taylor (NC)

Thomas

Thornberry

Tiahrt

Torkildsen

Upton

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wolf

Young (AK)

Young (FL)

Zeliff

Zimmer

NOES—178

Abercrombie

Ackerman

Andrews

Baldacci

Barcia

Barrett (WI)

Becerra

Beilenson

Bentsen

Berman

Bishop

Bonior

Borski

Boucher

Brown (CA)

Brown (OH)

Bryant (TX)

Cardin

Chapman

Clay

Clayton

Clement

Clyburn

Coleman

Collins (IL)

Collins (MI)

Conyers

Costello

Coyne

de la Garza

DeFazio

DeLauro

Dellums

Deutsch

Dingell

Dixon

Doggett

Dooley

Doyle

Durbin

Edwards

Engel

Eshoo

Evans

Farr

Fattah

Fazio

Fields (LA)

Filner

Flake

Foglietta

Ford

Frank (MA)

Frost

Furse

Gejdenson

Gephardt

Gonzalez

Gordon

Green

Gutierrez

Hall (OH)

Hamilton

Harman

Hastings (FL)

Hefner

Hilliard

Hinchey

Holden

Hoyer

Jackson-Lee

Jacobs

Jefferson

Johnson (SD)

Johnson, E. B.

Johnston

Kanjorski

Kaptur

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kleczka

Klink

LaFalce

Lantos

Levin

Lewis (GA)

Lincoln

Lipinski

Lofgren

Lowey

Luther

Maloney

Manton

Markey

Martinez

Mascara

Matsui

McCarthy

McDermott

McHale

McKinney

McNulty

Meehan

Meek

Menendez

Mfume

Miller (CA)

Mineta

Minge

Mink

Mollohan

Moran

Murtha

Nadler

Neal

Oberstar

Obey

Olver

Ortiz

Orton

Owens

Pallone

Pastor

Payne (NJ)

Payne (VA)

Pelosi

Peterson (FL)

Pickett

Poshard

Rahall

Rangel

Reed

Richardson

Rivers

Roemer

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schroeder

Schumer

Scott

Skaggs

Slaughter

Spratt

Stark

Stenholm

Stokes

Studds

Tanner

Taylor (MS)

Tejeda

Thompson

Thornton

Thurman

Torres

Torricelli

Towns

Traficant

Tucker

Velazquez

Vento

Visclosky

Volkmer

Ward

Waters

Watt (NC)

Waxman

Williams

Wilson

Wise

Woolsey

Wyden

Wynn

Yates

NOT VOTING—12

Brown (FL)

Chenoweth

Dicks

Forbes

Gibbons

Gunderson

Hyde

Moakley

Pomeroy

Reynolds

Serrano

Stupak

So the resolution was agreed to.

A motion to reconsider the vote

whereby said resolution was agreed to

was, by unanimous consent, laid on the

table.

T53.8 SELF-EMPLOYED HEALTH PREMIUM

DEDUCTION

Mr. ARCHER, pursuant to House Resolution 121, called up the following conference report (Rept. No. 104–92):

The committee of conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R.

831), to amend the Internal Revenue Code of

1986 to permanently extend the deduction for

the health insurance costs of self-employed

individuals, to repeal the provision permitting nonrecognition of gain on sales and exchanges effectuating policies of the Federal

Communications Commission, and for other

purposes, having met, after full and free conference, have agreed to recommend and do

recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate and

agree to the same with an amendment as follows:

In lieu of the matter proposed to be inserted by the Senate amendment, insert the

following:

SECTION 1. PERMANENT EXTENSION AND INCREASE OF DEDUCTION FOR

HEALTH INSURANCE COSTS OF

SELF-EMPLOYED INDIVIDUALS.

(a) PERMANENT EXTENSION.—Subsection (l)

of section 162 of the Internal Revenue Code

of 1986 (relating to special rules for health

insurance costs of self-employed individuals)

is amended by striking paragraph (6).

(b) INCREASE IN DEDUCTION.—Paragraph (1)

of section 162(l) of the Internal Revenue Code

of 1986 is amended by striking ‘‘25 percent’’

and inserting ‘‘30 percent’’.

(c) EFFECTIVE DATES.—

(1) EXTENSION.—The amendment made by

subsection (a) shall apply to taxable years

beginning after December 31, 1993.

(2) INCREASE.—The amendment made by

subsection (b) shall apply to taxable years

beginning after December 31, 1994.

SEC. 2. REPEAL OF NONRECOGNITION ON FCC

CERTIFIED SALES AND EXCHANGES.

(a) IN GENERAL.—Subchapter O of chapter 1

of the Internal Revenue Code of 1986 is

amended by striking part V (relating to

changes to effectuate FCC policy).

(b) CONFORMING AMENDMENTS.—Sections

1245(b)(5) and 1250(d)(5) of the Internal Revenue Code of 1986 are each amended—

(1) by striking ‘‘section 1071 (relating to

gain from sale or exchange to effectuate polices of FCC) or’’, and

(2) by striking ‘‘1071 AND’’ in the heading

thereof.

(c) CLERICAL AMENDMENT.—The table of

parts for such subchapter O is amended by

striking the item relating to part V.

(d) EFFECTIVE DATE.—

(1) IN GENERAL.—The amendments made by

this section shall apply to—

(A) sales and exchanges on or after January 17, 1995, and

(B) sales and exchanges before such date if

the FCC tax certificate with respect to such

sale or exchange is issued on or after such

date.

(2) BINDING CONTRACTS.—

(A) IN GENERAL.—The amendments made

by this section shall not apply to any sale or

exchange pursuant to a written contract

which was binding on January 16, 1995, and

at all times thereafter before the sale or exchange, if the FCC tax certificate with respect to such sale or exchange was applied

for, or issued, on or before such date.

(B) SALES CONTINGENT ON ISSUANCE OF CERTIFICATE.—

(i) IN GENERAL.—A contract shall be treated as not binding for purposes of subparagraph (A) if the sale or exchange pursuant to

such contract, or the material terms of such

contract, were contingent, at any time on

January 16, 1995, on the issuance of an FCC

tax certificate. The preceding sentence shall

not apply if the FCC tax certificate for such

sale or exchange is issued on or before January 16, 1995.

(ii) MATERIAL TERMS.—For purposes of

clause (i), the material terms of a contract

shall not be treated as contingent on the

issuance of an FCC tax certificate solely because such terms provide that the sales price

would, if such certificate were not issued, be

increased by an amount not greater than 10

percent of the sales price otherwise provided

in the contract.

(3) FCC TAX CERTIFICATE.—For purposes of

this subsection, the term ‘‘FCC tax certificate’’ means any certificate of the Federal

Communications Commission for the effectuation of section 1071 of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of this Act).

SEC. 3. SPECIAL RULES RELATING TO INVOLUNTARY CONVERSIONS.

(a) REPLACEMENT PROPERTY ACQUIRED BY

CORPORATIONS FROM RELATED PERSONS.—

(1) IN GENERAL.—Section 1033 of the Internal Revenue Code of 1986 (relating to involuntary conversions) is amended by redesignating subsection (i) as subsection (j) and by

inserting after subsection (h) the following

new subsection:

‘‘(i) NONRECOGNITION NOT TO APPLY IF CORPORATION ACQUIRES REPLACEMENT PROPERTY

FROM RELATED PERSON.—

‘‘(1) IN GENERAL.—In the case of—

‘‘(A) a C corporation, or

‘‘(B) a partnership in which 1 or more C

corporations own, directly or indirectly (determined in accordance with section

707(b)(3)), more than 50 percent of the capital

interest, or profits interest, in such partnership at the time of the involuntary conversion,

subsection (a) shall not apply if the replacement property or stock is acquired from a related person. The preceding sentence shall
HOUSE OF REPRESENTATIVES

521

1995 T53.13

not apply to the extent that the related person acquired the replacement property or

stock from an unrelated person during the

period described in subsection (a)(2)(B).

‘‘(2) RELATED PERSON.—For purposes of this

subsection, a person is related to another

person if the person bears a relationship to

the other person described in section 267(b)

or 707(b)(1).’’

(2) EFFECTIVE DATE.—The amendment

made by paragraph (1) shall apply to involuntary conversions occurring on or after

February 6, 1995.

(b) APPLICATION OF SECTION 1033 TO CERTAIN SALES REQUIRED FOR MICROWAVE RELOCATION.—

(1) IN GENERAL.—Section 1033 of the Internal Revenue Code of 1986 (relating to involuntary conversions), as amended by subsection (a), is amended by redesignating subsection (j) as subsection (k) and by inserting

after subsection (i) the following new subsection:

‘‘(j) SALES OR EXCHANGES TO IMPLEMENT

MICROWAVE RELOCATION POLICY.—

‘‘(1) IN GENERAL.—For purposes of this subtitle, if a taxpayer elects the application of

this subsection to a qualified sale or exchange, such sale or exchange shall be treated as an involuntary conversion to which

this section applies.

‘‘(2) QUALIFIED SALE OR EXCHANGE.—For

purposes of paragraph (1), the term ‘qualified

sale or exchange’ means a sale or exchange

before January 1, 2000, which is certified by

the Federal Communications Commission as

having been made by a taxpayer in connection with the relocation of the taxpayer from

the 1850–1990MHz spectrum by reason of the

Federal Communications Commission’s reallocation of that spectrum for use for personal communications services. The Commission shall transmit copies of certifications under this paragraph to the Secretary.’’

(2) EFFECTIVE DATE.—The amendment

made by paragraph (1) shall apply to sales or

exchanges after March 14, 1995.

SEC. 4. DENIAL OF EARNED INCOME CREDIT FOR

INDIVIDUALS HAVING EXCESSIVE INVESTMENT INCOME.

(a) IN GENERAL.—Section 32 of the Internal

Revenue Code of 1986 is amended by redesignating subsections (i) and (j) as subsections

(j) and (k), respectively, and by inserting

after subsection (h) the following new subsection:

‘‘(i) DENIAL OF CREDIT FOR INDIVIDUALS

HAVING EXCESSIVE INVESTMENT INCOME.—

‘‘(1) IN GENERAL.—No credit shall be allowed under subsection (a) for the taxable

year if the aggregate amount of disqualified

income of the taxpayer for the taxable year

exceeds $2,350.

‘‘(2) DISQUALIFIED INCOME.—For purposes of

paragraph (1), the term ‘disqualified income’

means—

‘‘(A) interest or dividends to the extent includible in gross income for the taxable year,

‘‘(B) interest received or accrued during

the taxable year which is exempt from tax

imposed by this chapter, and

‘‘(C) the excess (if any) of—

‘‘(i) gross income from rents or royalties

not derived in the ordinary course of a trade

or business, over

‘‘(ii) the sum of—

‘‘(I) the deductions (other than interest)

which are clearly and directly allocable to

such gross income, plus

‘‘(II) interest deductions properly allocable

to such gross income.’’

(b) EFFECTIVE DATE.—The amendments

made by this section shall apply to taxable

years beginning after December 31, 1995.

SEC. 5. EXTENSION OF SPECIAL RULE FOR CERTAIN GROUP HEALTH PLANS.

Section 13442(b) of the Omnibus Budget

Reconciliation Act of 1993 (Public Law 103–

66) is amended by striking ‘‘May 12, 1995’’ and

inserting ‘‘December 31, 1995’’.

SEC. 6. STUDY OF EXPATRIATION TAX.

(a) IN GENERAL.—The staff of the Joint

Committee on Taxation shall conduct a

study of the issues presented by any proposals to affect the taxation of expatriation,

including an evaluation of—

(1) the effectiveness and enforceability of

current law with respect to the tax treatment of expatriation,

(2) the current level of expatriation for tax

avoidance purposes,

(3) any restrictions imposed by any constitutional requirement that the Federal income tax apply only to realized gains,

(4) the application of international human

rights principles to taxation of expatriation,

(5) the possible effects of any such proposals on the free flow of capital into the

United States,

(6) the impact of any such proposals on existing tax treaties and future treaty negotiations,

(7) the operation of any such proposals in

the case of interests in trusts,

(8) the problems of potential double taxation in any such proposals,

(9) the impact of any such proposals on the

trade policy objectives of the United States,

(10) the administrability of such proposals,

and

(11) possible problems associated with existing law, including estate and gift tax provisions.

(b) REPORT.—The Chief of Staff of the

Joint Committee on Taxation shall, not

later than June 1, 1995, report the results of

the study conducted under subsection (a) to

the Chairmen of the Committee on Ways and

Means of the House of Representatives and

the Committee on Finance of the Senate.

And the Senate agree to the same.

BILL ARCHER,

PHILIP CRANE,

WM. THOMAS,

CHARLES B. RANGEL,

Managers on the Part of the House.

BOB PACKWOOD,

BOB DOLE,

BILL ROTH,

JOHN H. CHAFEE,

CHUCK GRASSLEY,

DANIEL PATRICK MOYNIHAN,

MAX BAUCUS,

CAROL MOSELEY-BRAUN,

Managers on the Part of the Senate.

When said conference report was considered.

After debate,

On motion of Mr. ARCHER, the previous question was ordered on the conference report to its adoption or rejection and, under the operation thereof,

the conference report was agreed to.

A motion to reconsider the vote

whereby said conference report was

agreed to was, by unanimous consent,

laid on the table.

Ordered, That the Clerk notify the

Senate thereof.

T53.9 ROBERT H. MICHEL ROOMS

On motion of Mr. THOMAS, by unanimous consent, the Committee on

House Oversight was discharged from

the further consideration of the following resolution (H. Res. 65):

Whereas, at the end of the One Hundred

Third Congress, Representative Robert H.

Michel retired after 38 years of distinguished

service in the House of Representatives, including service as the Republican leader beginning in 1981, the longest tenure of any

Representative in that position: Now, therefore, be it

Resolved, That the rooms numbered H–230,

H–231, and H–232 in the House of Representatives wing of the Capitol are named in honor

of former Representative Robert H. Michel.

When said resolution was considered.

Mr. THOMAS submitted the following amendment which was agreed

to:

Strike out all after the resolving clause

and insert: That the rooms numbered H–230,

H–231, and H–232 in the House of Representatives wing of the Capitol shall be known and

designated as the ‘‘Robert H. Michel

Rooms’’.

The resolution, as amended, was

agreed to.

Mr. THOMAS submitted the following amendment to the preamble,

which was agreed to:

Amend the preamble by striking out ‘‘beginning in 1981’’ and inserting in lieu thereof

‘‘for 14 years’’.

By unanimous consent, the title was

amended so as to read: ‘‘Resolution

designating certain rooms in the House

of Representatives wing of the Capitol

as the ‘Robert H. Michel Rooms’.’’.

A motion to reconsider the votes

whereby said resolution, as amended,

was agreed to and the preamble and the

title were amended was, by unanimous

consent, laid on the table.

T53.10 PERMISSION TO FILE CONFERENCE

REPORT

On motion of Mr. LIVINGSTON, by

unanimous consent, the managers on

the part of the House were granted permission until midnight, Friday, March

31, 1995, to file a conference report on

the bill (H.R. 889) making emergency

supplemental appropriations and rescissions to preserve and enhance the

military readiness of the Department

of Defense for the fiscal year ending

September 30, 1995, and for other purposes; together with a statement thereon, for printing in the Record under

the rule.

T53.11 PERMISSION TO FILE REPORT

On motion of Mr. LIVINGSTON, by

unanimous consent, the Committee on

Science was granted permission until 5

o’clock p.m. today to file a report

(Rept. No. 104–95) on the bill (H.R. 655)

to authorize the hydrogen research, development, and demonstration programs of the Department of Energy,

and for other purposes.

T53.12 ADJOURNMENT OVER

On motion of Mr. ARMEY, by unanimous consent,

Ordered, That when the House adjourns today, it adjourn to meet at

12:30 p.m. on Monday, April 3, 1995.

T53.13 CALENDAR WEDNESDAY BUSINESS

DISPENSED WITH

On motion of Mr. ARMEY, by unanimous consent,

Ordered, That business in order for

consideration on Wednesday, April 5,

1995, under clause 7, rule XXIV, the

Calendar Wednesday rule, be dispensed

with.