JOURNAL OF THE

1496

T125.1 OCTOBER 10

H.R. 325: Mrs. KELLY.

H.R. 528: Mr. THORNBERRY, Mr. OBERSTAR,

Ms. LOFGREN, Mr. BREWSTER, Mr. PAXON, and

Mr. CALVERT.

H.R. 863: Mr. OLVER, Mr. FATTAH, and Mr.

FAZIO of California.

H.R. 1742: Mr. JOHNSTON of Florida and Mr.

FOGLIETTA.

H.R. 1749: Mr. BLUTE and Mr. CHABOT.

H.R. 2447: Mr. JACOBS.

H. Con. Res. 26: Mr. ZIMMER.

TUESDAY, OCTOBER 10, 1995 (125)

T125.1 DESIGNATION OF SPEAKER PRO

TEMPORE

The House was called to order at 12:30

p.m., by the SPEAKER pro tempore,

Mr. EVERETT, who laid before the

House the following communication:

WASHINGTON, DC,

October 10, 1995.

I hereby designate the Honorable TERRY

EVERETT to act as Speaker pro tempore on

this day.

NEWT GINGRICH,

Speaker of the House of Representatives.

Whereupon, pursuant to the order of

the House of Friday, May 12, 1995,

Members were recognized for ‘‘morning

hour’’ debates.

T125.2 RECESS—12:59 P.M.

The SPEAKER pro tempore, Mr.

EVERETT, pursuant to clause 12 of

rule I, declared the House in recess at

12 o’clock and 59 minutes p.m., until 2

p.m.

T125.3 AFTER RECESS—2:00 P.M.

The SPEAKER pro tempore, Mr.

EVERETT, called the House to order.

T125.4 APPROVAL OF THE JOURNAL

The SPEAKER pro tempore, Mr.

EVERETT, announced he had examined and approved the Journal of the

proceedings of Friday, October 6, 1995.

Pursuant to clause 1, rule I, the Journal was approved.

T125.5 COMMUNICATIONS

Executive and other communications, pursuant to clause 2, rule XXIV,

were referred as follows:

1495. A letter from the President and

Chairman, Export-Import Bank of the United

States, transmitting a report involving

United States exports to Pakistan, pursuant

to 12 U.S.C. 635(b)(3)(i); to the Committee on

Banking and Financial Services.

1496. A letter from the Director, Defense

Security Assistance Agency, transmitting

notification concerning the Department of

the Air Force’s proposed Letter(s) of Offer

and Acceptance [LOA] to Korea for defense

articles and services (Transmittal No. 96–02),

pursuant to 22 U.S.C. 2776(b); to the Committee on International Relations.

1497. A letter from the Director, Defense

Security Assistance Agency, transmitting

notification concerning the Department of

the Air Force’s proposed Letter(s) of Offer

and Acceptance [LOA] to Saudi Arabia for

defense articles and services (Transmittal

No. 96–03), pursuant to 22 U.S.C. 2776(b); to

the Committee on International Relations.

1498. A letter from the Assistant Secretary

for Legislative Affairs, Department of State,

transmitting a report to Congress on South

Africa’s status as an adherent to the Missile

Technology Control Regime [MTCR], pursuant to 22 U.S.C. 2797b-1; to the Committee on

International Relations.

1499. A letter from the Assistant Legal Adviser for Treaty Affairs, Department of

State, transmitting copies of international

agreements, other than treaties, entered into

by the United States, pursuant to 1 U.S.C.

112b(a); to the Committee on International

Relations.

1500. A letter from the Chief, Retirement

Branch, Department of the Air Force, transmitting the annual report for the Air Force

nonapropriated fund retirement plan for the

plan year ending September 30, 1994, pursuant to 31 U.S.C. 9503(a)(1)(B); to the Committee on Government Reform and Oversight.

T125.6 RESIGNATION AS MEMBER OF

HOUSE OF REPRESENTATIVES

The SPEAKER pro tempore, Mr.

EVERETT, laid before the House the

following communication, which was

read as follows:

HOUSE OF REPRESENTATIVES,

Washington, DC, September 11, 1995.

Hon. NEWT GINGRICH,

Speaker of the House of Representatives,

Washington, DC.

DEAR SPEAKER GINGRICH: I am writing to

inform you that I will be resigning my position as the Member of Congress from the

15th Congressional District of California.

The effective resignation date will be October 10, 1995.

Sincerely,

NORMAN Y. MINETA,

Member of Congress.

T125.7 MESSAGE FROM THE SENATE

A message from the Senate by Mr.

Lundregan, one of its clerks, announced that the Senate had passed

with an amendment in which the concurrence of the House is requested, a

bill of the House of the following title:

H.R. 1655. An Act to authorize appropriations for fiscal year 1996 for intelligence and

intelligence-related activities of the United

States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability

System, and for other purposes.

The message also announced that the

Senate insists upon its amendment to

the bill (H.R. 1655) ‘‘An Act to authorize appropriations for fiscal year 1996

for intelligence and intelligence-related activities of the United States

Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes,’’ requests a conference with the

House on the disagreeing votes of the

two Houses thereon, and appoints Mr.

SPECTER, Mr. LUGAR, Mr. SHELBY, Mr.

DEWINE, Mr. KYL, Mr. INHOFE, Mrs.

HUTCHISON, Mr. MACK, Mr. COHEN, Mr.

THURMOND, Mr. KERREY, Mr. GLENN,

Mr. BRYAN, Mr. GRAHAM, Mr. KERRY,

Mr. BAUCUS, Mr. JOHNSTON, Mr. ROBB,

and Mr. NUNN to be the conferees on

the part of the Senate.

T125.8 ORDER OF BUSINESS—

CONSIDERATION OF AMENDMENT—H.R.

436

On motion of Mr. BURR, by unanimous consent,

Ordered, That, notwithstanding the

provisions of clause 4 of rule XIII, it

may be in order that during the consideration of the bill (H.R. 436) to require

the heads of any Federal agency to differentiate between fats, oils, and

greases of animal, marine, or vegetable

origin, and other oils and greases in

issuing certain regulations, and for

other purposes, on the Corrections Calendar, the gentleman from North Carolina, Mr. Burr, may offer an amendment in the nature of a substitute in

lieu of the amendment recommended

by the Committee on Commerce now

printed in the bill.

T125.9 CORRECTIONS CALENDAR

Pursuant to clause 4, rule XIII,

The SPEAKER pro tempore, Mr.

EVERETT, directed the Corrections

Calendar to be called.

When,

T125.10 EDIBLE OIL REGULATORY

REFORM

The Committee of the Whole House

on the state of the Union was discharged from further consideration of

the bill (H.R. 436) to require the heads

of any Federal agency to differentiate

between fats, oils, and greases of animal, marine, or vegetable origin, and

other oils and greases in issuing certain regulations, and for other purposes.

When said bill was considered and

read twice.

The SPEAKER pro tempore, Mr.

EVERETT, pursuant to clause 4 of rule

XIII, recognized Mr. BURR and Mr.

OBERSTAR, each for 30 minutes.

Mr. BURR, pursuant to the foregoing

order of the House of today, submitted

the following amendment in the nature

of a substitute:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Edible Oil

Regulatory Reform Act’’.

SEC. 2. DIFFERENTIATION AMONG FATS, OILS,

AND GREASES.

(a) IN GENERAL.—Except as provided in

subsection (c), in issuing or enforcing any

regulation or establishing any interpretation

or guideline relating to a fat, oil, or grease

under any Federal law, the head of any Federal agency shall—

(1) differentiate between and establish separate classes for—

(A) animal fats and oils and greases, and

fish and marine mammal oils, within the

meaning of paragraph (2) of section 61(a) of

title 13, United States Code, and oils of vegetable origin, including oils from the seeds,

nuts, and kernels referred to in paragraph

(1)(A) of such section; and

(B) other oils and greases, including petroleum; and

(2) apply different standards to different

classes of fats and oils as provided in subsection in subsection (B).

(b) CONSIDERATIONS.—In differentiating between the class of fats, oils, and greases described in subsection (a)(1)(A) and the class

of oils and greases described in subsection

(a)(1)(B), the head of the Federal agency

shall consider differences in the physical,

chemical, biological, and other properties,

and in the environmental effects, of the

classes.

(c) EXCEPTION.—The requirements of this

Act shall not apply to the Food and Drug Administration and the Food Safety and Inspection Service.

(d) FINANCIAL RESPONSIBILITY.—
HOUSE OF REPRESENTATIVES

1497

1995 T125.16

(1) Section 1004(a)(1) of the Oil Pollution

Act of 1990 (33 U.S.C. 2704(a)(1)) is amended

by striking ‘‘for a tank vessel,’’ and inserting ‘‘for a tank vessel carrying oil in bulk as

cargo or cargo residue (except a tank vessel

on which the only oil carried is an animal fat

or vegetable oil, as those terms are used in

section 2 of the Edible Oil Regulatory Reform Act)’’.

(2) Section 1016(a) of the Oil Pollution Act

of 1990 (33 U.S.C. 2176(a)) is amended in the

first sentence by striking ‘‘, in the case of a

tank vessel, the responsible party could be

subject under section 1004(a)(1) or (d) of this

Act, or to which, in the case of any other

vessel, the responsible party could be subjected under section 1004(a)(2) or (d)’’ and inserting ‘‘the responsible party could be subjected under section 1004(a) or (d) of this

Act’’.

After debate,

Pursuant to clause 4 of rule XIII, the

previous question on the amendment in

the nature of a substitute and the bill

was considered as ordered.

The question being put, viva voce,

Will the House agree to said amendment in the nature of a substitute?

The SPEAKER pro tempore, Mr.

EVERETT, announced that the yeas

had it.

So the amendment in the nature of

substitute was agreed to.

The bill, as amended, was ordered to

be engrossed and read a third time, was

read a third time by title.

The question being put, viva voce,

Will the House pass said bill?

The SPEAKER pro tempore, Mr.

EVERETT, announced that three-fifths

of the Members present had voted in

the affirmative.

So, three-fifths of the Members

present having voted in favor thereof,

the bill was passed.

A motion to reconsider the vote

whereby the bill was passed was, by

unanimous consent, laid on the table.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T125.11 CLERK TO CORRECT

ENGROSSMENT

On motion of Mr. BURR, by unanimous consent,

Ordered, That in the engrossment of

the foregoing bill, the Clerk be authorized to correct section numbers, punctuation, cross references, and to make

other technical corrections.

T125.12 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.

T125.13 VA NURSES AND ASSISTANTS

Mr. STUMP moved to suspend the

rules and pass the bill (H.R. 1384) to

amend title 38, United States Code, to

exempt certain full-time health-care

professionals of the Department of Veterans Affairs from restrictions on remuneration outside professional activities; as amended.

The SPEAKER pro tempore, Mr.

EVERETT, recognized Mr. STUMP and

Mr. MONTGOMERY, each for 20 minutes.

After debate,

The question being put, viva voce,

Will the House suspend the rules and

pass said bill, as amended?

The SPEAKER pro tempore, Mr.

EVERETT, announced that two-thirds

of the Members present had voted in

the affirmative.

So, two-thirds of the Members

present having voted in favor thereof,

the rules were suspended and said bill,

as amended, was passed.

A motion to reconsider the vote

whereby the rules were suspended and

said bill, as amended, was passed was,

by unanimous consent, laid on the

table.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T125.14 VA NURSE ANESTHETISTS

COMPENSATION

Mr. STUMP moved to suspend the

rules and pass the bill (H.R. 1536) to

amend title 38, United States Code, to

extend for two years an expiring authority of the Secretary of Veterans

Affairs with respect to determination

of locality salaries for certain nurse

anesthetist positions in the Department of Veterans Affairs.

The SPEAKER pro tempore, Mr.

LATHAM, recognized Mr. STUMP and

Mr. MONTGOMERY, each for 20 minutes.

After debate,

The question being put, viva voce,

Will the House suspend the rules and

pass said bill?

The SPEAKER pro tempore, Mr.

LATHAM, announced that two-thirds

of the Members present had voted in

the affirmative.

So, two-thirds of the Members

present having voted in favor thereof,

the rules were suspended and said bill

was passed.

A motion to reconsider the vote

whereby the rules were suspended and

said bill was passed was, by unanimous

consent, laid on the table.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T125.15 VETERANS COMPENSATION

Mr. STUMP moved to suspend the

rules and pass the bill (H.R. 2394) to increase, effective as of December 1, 1995,

the rates of compensation for veterans

with service-connected disabilities and

the rates of dependency and indemnity

compensation for the survivors of certain disabled veterans.

The SPEAKER pro tempore, Mr.

LATHAM, recognized Mr. STUMP and

Mr. MONTGOMERY, each for 20 minutes.

After debate,

The question being put, viva voce,

Will the House suspend the rules and

pass said bill?

The SPEAKER pro tempore, Mr.

LATHAM, announced that two-thirds

of the Members present had voted in

the affirmative.

So, two-thirds of the Members

present having voted in favor thereof,

the rules were suspended and said bill

was passed.

A motion to reconsider the vote

whereby the rules were suspended and

said bill was passed was, by unanimous

consent, laid on the table.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T125.16 MESSAGE FROM THE

PRESIDENT—US-REPUBLIC OF

GERMANY SOCIAL SECURITY

AGREEMENT

The SPEAKER pro tempore, Mr.

LATHAM, laid before the House a message from the President, which was

read as follows:

To the Congress of the United States:

Pursuant to section 233(e)(1) of the

Social Security Act (the ‘‘Act’’), as

amended by the Social Security

Amendments of 1977 (Public Law 95–216;

42 U.S.C. 433(e)(1)), I transmit herewith

the Second Supplementary Agreement

Amending the Agreement Between the

United States of America and the Federal Republic of Germany on Social Security (the Second Supplementary

Agreement), which consists of two separate instruments: a principal agreement and an administrative arrangement. The Second Supplementary

Agreement, signed at Bonn on March 6,

1995, is intended to modify certain provisions of the original United StatesGermany Social Security Agreement,

signed January 7, 1976, which was

amended once before by the Supplementary Agreement of October 2, 1986.

The United States-Germany Social

Security Agreement is similar in objective to the social security agreements

with Austria, Belgium, Canada, Finland, France, Greece, Ireland, Italy,

Luxembourg, the Netherlands, Norway,

Portugal, Spain, Sweden, Switzerland,

and the United Kingdom. Such bilateral agreements provide for limited coordination between the United States

and foreign social security systems to

eliminate dual social security coverage

and taxation, and to help prevent the

loss of benefit protection that can

occur when workers divide their careers between two countries.

The present Second Supplementary

Agreement, which would further amend

the 1976 Agreement to update and clarify several of its provisions, is necessitated by changes that have occurred

in U.S. and German law in recent

years. Among other things, it would

extend to U.S. residents the advantages

of recent German Social Security legislation that allows certain ethnic German Jews from Eastern Europe to receive German benefits based on their

Social Security coverage in their

former homelands.

The United States-Germany Social

Security Agreement, as amended,

would continue to contain all provisions mandated by section 233 and

other provisions that I deem appropriate to carry out the provisions of

section 233, pursuant to section

233(c)(4) of the Act.

I also transmit for the information of

the Congress a report prepared by the

Social Security Administration explaining the key points of the Second

Supplementary Agreement, along with

a paragraph-by-paragraph explanation