HOUSE OF REPRESENTATIVES

593

1995 T57.17

burden on persons outside the Federal Government.

‘‘§ 3515. Administrative powers

‘‘Upon the request of the Director, each

agency (other than an independent regulatory agency) shall, to the extent practicable, make its services, personnel, and facilities available to the Director for the performance of functions under this chapter.

‘‘§ 3516. Rules and regulations

‘‘The Director shall promulgate rules, regulations, or procedures necessary to exercise

the authority provided by this chapter.

‘‘§ 3517. Consultation with other agencies and

the public

‘‘(a) In developing information resources

management policies, plans, rules, regulations, procedures, and guidelines and in reviewing collections of information, the Director shall provide interested agencies and

persons early and meaningful opportunity to

comment.

‘‘(b) Any person may request the Director

to review any collection of information conducted by or for an agency to determine, if,

under this chapter, a person shall maintain,

provide, or disclose the information to or for

the agency. Unless the request is frivolous,

the Director shall, in coordination with the

agency responsible for the collection of

information—

‘‘(1) respond to the request within 60 days

after receiving the request, unless such period is extended by the Director to a specified date and the person making the request

is given notice of such extension; and

‘‘(2) take appropriate remedial action, if

necessary.

‘‘§ 3518. Effect on existing laws and regulations

‘‘(a) Except as otherwise provided in this

chapter, the authority of an agency under

any other law to prescribe policies, rules,

regulations, and procedures for Federal information resources management activities

is subject to the authority of the Director

under this chapter.

‘‘(b) Nothing in this chapter shall be

deemed to affect or reduce the authority of

the Secretary of Commerce or the Director

of the Office of Management and Budget pursuant to Reorganization Plan No. 1 of 1977

(as amended) and Executive order, relating

to telecommunications and information policy, procurement and management of telecommunications and information systems,

spectrum use, and related matters.

‘‘(c)(1) Except as provided in paragraph (2),

this chapter shall not apply to the collection

of information—

‘‘(A) during the conduct of a Federal criminal investigation or prosecution, or during

the disposition of a particular criminal matter;

‘‘(B) during the conduct of—

‘‘(i) a civil action to which the United

States or any official or agency thereof is a

party; or

‘‘(ii) an administrative action or investigation involving an agency against specific individuals or entities;

‘‘(C) by compulsory process pursuant to

the Antitrust Civil Process Act and section

13 of the Federal Trade Commission Improvements Act of 1980; or

‘‘(D) during the conduct of intelligence activities as defined in section 3.4(e) of Executive Order No. 12333, issued December 4, 1981,

or successor orders, or during the conduct of

cryptologic activities that are communications security activities.

‘‘(2) This chapter applies to the collection

of information during the conduct of general

investigations (other than information collected in an antitrust investigation to the

extent provided in subparagraph (C) of paragraph (1)) undertaken with reference to a

category of individuals or entities such as a

class of licensees or an entire industry.

‘‘(d) Nothing in this chapter shall be interpreted as increasing or decreasing the authority conferred by Public Law 89–306 on

the Administrator of the General Services

Administration, the Secretary of Commerce,

or the Director of the Office of Management

and Budget.

‘‘(e) Nothing in this chapter shall be interpreted as increasing or decreasing the authority of the President, the Office of Management and Budget or the Director thereof,

under the laws of the United States, with respect to the substantive policies and programs of departments, agencies and offices,

including the substantive authority of any

Federal agency to enforce the civil rights

laws.

‘‘§ 3519. Access to information

‘‘Under the conditions and procedures prescribed in section 716 of title 31, the Director

and personnel in the Office of Information

and Regulatory Affairs shall furnish such information as the Comptroller General may

require for the discharge of the responsibilities of the Comptroller General. For the

purpose of obtaining such information, the

Comptroller General or representatives

thereof shall have access to all books, documents, papers and records, regardless of form

or format, of the Office.

‘‘§ 3520. Authorization of appropriations

‘‘There are authorized to be appropriated

to the Office of Information and Regulatory

Affairs to carry out the provisions of this

chapter, and for no other purpose, $8,000,000

for each of the fiscal years 1996, 1997, 1998,

1999, 2000, and 2001.’’.

SEC. 3. BURDEN REDUCTION REGARDING QUARTERLY FINANCIAL REPORT PROGRAM AT BUREAU OF THE CENSUS.

Section 91 of title 13, United States Code,

is amended by adding at the end the following new subsection:

‘‘(d)(1) The Secretary shall not select an

organization or entity for participation in a

survey, if—

‘‘(A) the organization or entity—

‘‘(i) has assets of less than $50,000,000;

‘‘(ii) completed participation in a prior

survey in the preceding 10-year period, as determined by the Secretary; and

‘‘(iii) was selected for that prior survey

participation after September 30, 1990; or

‘‘(B) the organization or entity—

‘‘(i) has assets of more than $50,000,000 and

less than $100,000,000;

‘‘(ii) completed participation in a prior

survey in the preceding 2-year period, as determined by the Secretary; and

‘‘(iii) was selected for that prior survey

participation after September 30, 1995.

‘‘(2)(A) The Secretary shall furnish advice

and similar assistance to ease the burden of

a small business concern which is attempting to compile and furnish the business information required of organizations and entities participating in the survey.

‘‘(B) To facilitate the provision of the assistance under subparagraph (A), the Secretary shall establish a toll-free telephone

number.

‘‘(C) The Secretary shall expand the use of

statistical sampling techniques to select organizations and entities having assets less

than $100,000,000 to participate in the survey.

‘‘(3) The Secretary may undertake such additional paperwork burden reduction initiatives with respect to the conduct of the survey as may be deemed appropriate by the

Secretary.

‘‘(4) For purposes of this subsection:

‘‘(A) The term ‘small business concern’

means a business concern that meets the requirements of section 3(a) of the Small Business Act and the regulations promulgated

pursuant thereto.

‘‘(B) The term ‘survey’ means the collection of information by the Secretary pursuant to this section for the purpose of preparing the publication entitled ‘Quarterly

Financial Report for Manufacturing, Mining,

and Trade Corporations’.’’.

SEC. 4. EFFECTIVE DATE.

(a) IN GENERAL.—Except as otherwise provided in this section, this Act and the

amendments made by this Act shall take effect on October 1, 1995.

(b) AUTHORIZATION OF APPROPRIATIONS.—

Section 3520 of title 44, United States Code,

as amended by this Act, shall take effect on

the date of enactment of this Act.

(c) DELAYED APPLICATION.—In the case of a

collection of information for which there is

in effect on September 30, 1995, a control

number issued by the Office of Management

and Budget under chapter 35 of title 44,

United States Code—

(1) the amendments made by this Act shall

apply to the collection of information beginning on the earlier of—

(A) the first renewal or modification of

that collection of information after September 30, 1995; or

(B) the expiration of its control number

after September 30, 1995.

(2) prior to such renewal, modification, or

expiration, the collection of information

shall be subject to chapter 35 of title 44,

United States Code, as in effect on September 30, 1995.

And the House agree to the same.

BILL CLINGER,

JOHN M. MCHUGH,

DAVID MCINTOSH,

JON FOX,

CARDISS COLLINS,

COLLIN C. PETERSON,

BOB WISE,

Managers on the Part of the House.

WILLIAM V. ROTH, Jr.,

BILL COHEN,

THAD COCHRAN,

JOHN GLENN,

SAM NUNN,

Managers on the Part of the Senate.

When said conference report was considered.

After debate,

By unanimous consent, the previous

question was ordered on the conference

report to its adoption or rejection.

The question being put, viva voce,

Will the House agree to said conference report?

The SPEAKER pro tempore, Mr.

MCINNIS, announced that the yeas had

it.

Mr. CLINGER objected to the vote on

the ground that a quorum was not

present and not voting.

A quorum not being present,

The roll was called under clause 4,

rule XV, and the call was taken by

electronic device.

Yeas ....... 423

When there appeared .... Nays ...... 0 ! Answered

present 2

T57.17 [Roll No. 299]

YEAS—423

Abercrombie

Allard

Andrews

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Barrett (WI)

Bartlett

Barton

Bass

Bateman

Beilenson

Bentsen

Bereuter

Berman

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert
JOURNAL OF THE

594

T57.18 APRIL 6

Boehner

Bonilla

Bonior

Bono

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bryant (TX)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clay

Clayton

Clement

Clinger

Clyburn

Coble

Coburn

Coleman

Collins (GA)

Collins (IL)

Collins (MI)

Combest

Condit

Conyers

Cooley

Costello

Cox

Coyne

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

Deal

DeFazio

DeLauro

DeLay

Dellums

Deutsch

Diaz-Balart

Dicks

Dingell

Dixon

Doggett

Dooley

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Durbin

Edwards

Ehlers

Ehrlich

Emerson

Engel

English

Ensign

Eshoo

Evans

Everett

Ewing

Farr

Fattah

Fawell

Fazio

Fields (LA)

Fields (TX)

Filner

Flake

Flanagan

Foglietta

Foley

Forbes

Ford

Fowler

Fox

Frank (MA)

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk

Furse

Gallegly

Gejdenson

Gekas

Gephardt

Geren

Gibbons

Gilchrest

Gillmor

Gilman

Gonzalez

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hancock

Hansen

Harman

Hastert

Hastings (FL)

Hastings (WA)

Hayes

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hilliard

Hinchey

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hoyer

Hunter

Hutchinson

Hyde

Inglis

Istook

Jackson-Lee

Jacobs

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E. B.

Johnson, Sam

Johnston

Jones

Kanjorski

Kaptur

Kasich

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kim

King

Kingston

Kleczka

Klink

Klug

Knollenberg

Kolbe

LaFalce

LaHood

Lantos

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Levin

Lewis (CA)

Lewis (GA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Lipinski

Livingston

LoBiondo

Lofgren

Longley

Lowey

Lucas

Luther

Maloney

Manton

Manzullo

Markey

Martinez

Martini

Mascara

Matsui

McCarthy

McCollum

McCrery

McDade

McDermott

McHale

McHugh

McInnis

McIntosh

McKeon

McKinney

McNulty

Meehan

Meek

Menendez

Metcalf

Meyers

Mfume

Mica

Miller (CA)

Miller (FL)

Mineta

Minge

Mink

Moakley

Molinari

Mollohan

Montgomery

Moorhead

Moran

Morella

Murtha

Myers

Myrick

Nadler

Neal

Nethercutt

Neumann

Ney

Norwood

Nussle

Oberstar

Obey

Olver

Ortiz

Orton

Owens

Oxley

Packard

Pallone

Parker

Pastor

Paxon

Payne (NJ)

Payne (VA)

Peterson (FL)

Peterson (MN)

Petri

Pombo

Pomeroy

Porter

Portman

Poshard

Pryce

Quillen

Quinn

Radanovich

Rahall

Ramstad

Reed

Regula

Richardson

Riggs

Rivers

Roberts

Roemer

Rogers

Rohrabacher

Ros-Lehtinen

Rose

Roth

Roukema

Royce

Rush

Sabo

Salmon

Sanders

Sanford

Sawyer

Saxton

Scarborough

Schaefer

Schiff

Schroeder

Schumer

Scott

Seastrand

Sensenbrenner

Serrano

Shadegg

Shaw

Shays

Shuster

Sisisky

Skaggs

Skeen

Skelton

Slaughter

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Spratt

Stark

Stearns

Stenholm

Stockman

Stokes

Studds

Stump

Stupak

Talent

Tanner

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Tejeda

Thomas

Thompson

Thornberry

Thornton

Thurman

Tiahrt

Torkildsen

Torres

Torricelli

Towns

Traficant

Tucker

Upton

Velazquez

Vento

Visclosky

Volkmer

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Ward

Waters

Watt (NC)

Watts (OK)

Waxman

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Williams

Wilson

Wise

Wolf

Woolsey

Wyden

Wynn

Yates

Young (AK)

Young (FL)

Zeliff

Zimmer

ANSWERED ‘‘PRESENT’’—2

Becerra Roybal-Allard

NOT VOTING—9

Ackerman

Chapman

Dickey

Frost

Ganske

Pelosi

Pickett

Rangel

Reynolds

So the conference report was agreed

to.

A motion to reconsider the vote

whereby said conference report was

agreed to was, by unanimous consent,

laid on the table.

Ordered, That the Clerk notify the

Senate thereof.

T57.18 CONFORMING COMMITTEES AND

OFFICERS OF THE HOUSE

Mr. THOMAS, by unanimous consent,

submitted for consideration the bill

(H.R. 1421) to provide that references in

the statutes of the United States to

any committee or officer of the House

of Representatives the name or jurisdiction of which was changed as part of

the reorganization of the House of Representatives at the beginning of the

One Hundred Fourth Congress shall be

treated as referring to the currently

applicable committee or officer of the

House of Representatives.

When said bill was considered, read

twice, ordered to be engrossed and read

a third time, was read a third time by

title, and passed.

A motion to reconsider the vote

whereby 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.

T57.19 COMMODITY FUTURES TRADING

COMMISSION

On motion of Mr. ROBERTS, by

unanimous consent, the bill of the Senate (S. 178) to amend the Commodity

Exchange Act to extend the authorization for the Commodity Futures Trading Commission, and for other purposes; was taken from the Speaker’s

table.

When said bill was considered, read

twice, ordered to be read a third time,

was read a third time by title, and

passed.

A motion to reconsider the vote

whereby said bill was passed was, by

unanimous consent, laid on the table.

Ordered, That the Clerk notify the

Senate thereof.

T57.20 PRIVILEGES OF THE HOUSE

Mr. DEUTSCH rose to a question of

the privileges of the House and called

up the following resolution (H. Res.

131):

Whereas rule IX of the Rules of the House

of Representatives provides that questions of

privilege shall arise whenever the rights of

the House collectively are affected:

Whereas, under the precedents, customs,

and traditions of the House pursuant to rule

IX, a question of privilege has arisen in cases

involving the constitutional prerogatives of

the House;

Whereas section 7 of Article I of the Constitution requires that revenue measures

originate in the House of Representatives;

and

Whereas the conference report on the bill

H.R. 831 contained a targeted tax benefit

which was not contained in the bill as passed

the House of Representatives and which was

not contained in the amendment of the Senate: Now, therefore, be it

Resolved, That the Comptroller General of

the United States shall prepare and transmit, within 7 days after the date of the adoption of this resolution, a report to the House

of Representatives containing the opinion of

the Comptroller General on whether the addition of a targeted tax benefit by the conferees to the conference report on the bill

H.R. 831 (A bill 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) violates the requirement of the United States Constitution that

all revenue measures originate in the House

of Representatives.

The SPEAKER pro tempore, Mr.

MCINNIS, ruled that the resolution

submitted did not present a question of

the privileges of the House under rule

IX, and said:

The Chair rules that the resolution

does not constitute a question of privilege under rule IX.

The resolution offered by the gentleman from Florida collaterally questions actions taken by a committee of

conference on a House-originated revenue bill by challenging the inclusion

in the conference report of additional

revenue matter not contained in either

the House bill nor the Senate amendment committed to conference. The

resolution calls for a report by the

Comptroller General on the propriety

under section 7 of article I of the Constitution of those proceedings and conference actions on a bill that has already moved through the legislative

process.

In the opinion of the Chair, such a

resolution does not raise a question of

the privileges of the House. As recorded

in Deschler’s Precedents, volume 3,

chapter 13, section 14.2, a question of

privilege under section 7 of article I of

the Constitution may be raised only

when the House is ‘‘in possession of the

papers.’’ In other words, any allegation

of infringement on the prerogatives of