HOUSE OF REPRESENTATIVES

1235

1995 T106.16

Metcalf

Meyers

Mica

Miller (FL)

Mink

Molinari

Moorhead

Moran

Morella

Myers

Myrick

Nadler

Neal

Nethercutt

Ney

Norwood

Nussle

Oberstar

Olver

Owens

Oxley

Packard

Pallone

Pastor

Paxon

Pelosi

Peterson (MN)

Pickett

Pombo

Porter

Portman

Poshard

Pryce

Quillen

Quinn

Radanovich

Ramstad

Regula

Riggs

Rivers

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Roth

Royce

Rush

Salmon

Sanders

Sanford

Sawyer

Saxton

Scarborough

Schaefer

Schiff

Schumer

Scott

Seastrand

Sensenbrenner

Serrano

Shadegg

Shays

Shuster

Skeen

Slaughter

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Stearns

Stenholm

Stockman

Stump

Stupak

Talent

Tanner

Tate

Tauzin

Taylor (NC)

Tejeda

Thomas

Thornberry

Tiahrt

Torricelli

Towns

Traficant

Upton

Velazquez

Vento

Volkmer

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wilson

Wise

Wolf

Wyden

Wynn

Zeliff

Zimmer

NAYS—128

Abercrombie

Baesler

Baker (CA)

Baldacci

Barrett (WI)

Beilenson

Bereuter

Berman

Bevill

Bilirakis

Borski

Browder

Brown (CA)

Brown (FL)

Callahan

Canady

Chapman

Clay

Clayton

Clyburn

Coleman

Collins (IL)

Combest

Conyers

Coyne

Cramer

Cunningham

de la Garza

Dellums

Dicks

Dixon

Edwards

Eshoo

Evans

Farr

Fattah

Fazio

Fields (LA)

Filner

Flake

Foglietta

Foley

Ford

Gejdenson

Gephardt

Geren

Gibbons

Gonzalez

Gordon

Hamilton

Hastert

Hastings (FL)

Hefner

Hilliard

Jackson-Lee

Jacobs

Johnson, E.B.

Johnston

Kanjorski

Kennedy (MA)

Kennedy (RI)

Klink

Knollenberg

LaFalce

Lewis (GA)

Lightfoot

Livingston

Longley

Martinez

Matsui

McCollum

McCrery

McDade

McDermott

McKinney

Meek

Mfume

Miller (CA)

Mineta

Mollohan

Montgomery

Murtha

Neumann

Obey

Ortiz

Orton

Parker

Payne (NJ)

Payne (VA)

Peterson (FL)

Petri

Pomeroy

Rahall

Rangel

Reed

Richardson

Roemer

Rose

Roukema

Roybal-Allard

Sabo

Schroeder

Shaw

Sisisky

Skaggs

Skelton

Souder

Spence

Spratt

Stark

Stokes

Studds

Taylor (MS)

Thompson

Thornton

Torkildsen

Torres

Tucker

Visclosky

Vucanovich

Ward

Waters

Watt (NC)

Waxman

Williams

Woolsey

Yates

Young (FL)

NOT VOTING—8

Bateman

Hall (OH)

Jefferson

Minge

Moakley

Reynolds

Thurman

Young (AK)

So the bill was passed.

A motion to reconsider the vote

whereby said bill was passed was, by

unanimous consent, laid on the table.

Ordered, That the Clerk notify the

Senate thereof.

T106.12 WAIVING POINTS OF ORDER

AGAINST CONFERENCE REPORT ON

H.R. 1854

Mr. DIAZ-BALART, by direction of

the Committee on Rules, reported

(Rept. No. 104–221) the resolution (H.

Res. 206) waiving points of order

against the conference report to accompany the bill (H.R. 1854) making

appropriations for the Legislative

Branch for the fiscal year ending September 30, 1996, and for other purposes.

When said resolution and report were

referred to the House Calendar and ordered printed.

T106.13 COURT REPORTER FAIR LABOR

AMENDMENTS

On motion of Mr. FAWELL, by unanimous consent, the Committee of the

Whole House on the state of the Union

was discharged from further consideration of the bill (H.R. 1225) to amend

the Fair Labor Standards Act of 1938 to

exempt employees who perform certain

court reporting duties from the compensatory time requirements applicable to certain public agencies, and for

other purposes.

When said bill was considered and

read twice.

The following amendment in the nature of a substitute, recommended by

the Committee on Economic and Educational Opportunities, was then

agreed to:

Strike out all after the enacting clause and

insert:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Court Reporter Fair Labor Amendments of 1995’’.

SEC. 2. LIMITATION ON OVERTIME COMPENSATION FOR COURT REPORTERS.

Section 7(o) of the Fair Labor Standards

Act of 1938 (29 U.S.C. 207(o)) is amended—

(1) by redesignating paragraph (6) as paragraph (7); and

(2) by inserting after paragraph (5) the following new paragraph:

‘‘(6) The hours an employee of a public

agency performs court reporting transcript

preparation duties shall not be considered as

hours worked for the purposes of subsection

(a) if—

‘‘(A) such employee is paid at a per-page

rate which is not less than—

‘‘(i) the maximum rate established by

State law or local ordinance for the jurisdiction of such public agency,

‘‘(ii) the maximum rate otherwise established by a judicial or administrative officer

and in effect on July 1, 1995, or

‘‘(iii) the rate freely negotiated between

the employee and the party requesting the

transcript, other than the judge who presided over the proceedings being transcribed,

and

‘‘(B) the hours spent performing such duties are outside of the hours such employee

performs other work (including hours for

which the agency requires the employee’s attendance) pursuant to the employment relationship with such public agency.

For purposes of this section, the amount

paid such employee in accordance with subparagraph (A) for the performance of court

reporting transcript preparation duties, shall

not be considered in the calculation of the

regular rate at which such employee is employed.’’.

SEC. 3. EFFECTIVE DATE.

The amendments made by section 2 shall

apply after the date of the enactment of this

Act and with respect to actions brought in a

court after the date of the enactment of this

Act.

The bill, as amended, was ordered to

be engrossed and read a third time, was

read a third time by title, and passed.

A motion to reconsider the vote

whereby the bill, as amended, was

passed was, by unanimous consent, laid

on the table.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T106.14 PERMISSION TO FILE REPORT

On motion of Mr. CLINGER, by unanimous consent, the Committee on Government Reform and Oversight was

granted permission until midnight tonight to file reports on the bills (H.R.

1670) to revise and streamline the acquisition laws for the Federal Government, to reorganize the mechanisms

for resolving Federal procurement disputes, and for other purposes; and (H.R.

2108) to permit the Washington

Covention Center Authority to expend

revenues for the operation and maintenance of the existing Washington Convention Center and for preconstruction

activities relating to a new convention

center in the District of Columbia, to

permit a designated authority of the

District of Columbia to borrow funds

for the preconstruction activities relating to a sports arena in the District of

Columbia and to permit certain revenues to be pledged as security for the

borrowing of such funds, and for other

purposes.

T106.15 MESSAGE FROM THE PRESIDENT

A message in writing from the President of the United States was communicated to the House by Mr. Edwin

Thomas, one of his secretaries.

T106.16 MESSAGE FROM THE PRESIDENT—

NATIONAL EMERGENCY WITH RESPECT

TO IRAQ

The SPEAKER pro tempore, Mr.

METCALF, laid before the House a

message from the President, which was

read as follows:

To the Congress of the United States:

I hereby report to the Congress on

the development since my last report

of February 8, 1995, concerning the national emergency with respect to Iraq

that was declared in Executive Order

No. 12722 of August 2, 1990. This report

is submitted pursuant to section 401(c)

of the National Emergencies Act, 50

U.S.C. 1641(c), and section 204(c) of the

International Emergency Economic

Powers Act, 50 U.S.C. 1703(c).

Executive Order No. 12722 ordered the

immediate blocking of all property and

interests in property of the Government of Iraq (including the Central

Bank of Iraq) then or thereafter

locateed in the United States or within

the possession or control of a U.S. person. That order also prohibited the importation into the United States of

goods and services of Iraqi origin as

well as the exportation of goods, services, and technology from the United

States to Iraq. The order prohibited