JOURNAL OF THE

1574

T133.10 OCTOBER 24

age to load materials into balers and

compacters that meet appropriate

American National Standards Institute

design safety standards.

When said bill was considered and

read twice.

The SPEAKER pro tempore, Mr.

FOLEY, pursuant to clause 4 of rule

XIII, recognized Mr. GOODLING and

Mr. OWENS, each for 30 minutes.

Mr. GOODLING submitted the following amendment in the nature of a

substitute in lieu of the amendment

recommended by the Committee on

Economic and Educational Opportunities:

Strike all after the enacting clause and insert the following:

SECTION 1. AUTHORITY FOR 16 AND 17 YEAR

OLDS TO LOAD MATERIALS INTO

SCRAP PAPER BALERS AND PAPER

BOX COMPACTORS.

(a) GENERAL RULE.—In the administration

and enforcement of the child labor provisions

of the Fair Labor Standards Act of 1938, employees who are 16 and 17 years of age shall

be permitted to load materials, but not operate or unload materials, into scrap paper

balers and paper box compactors—

(1) that are safe for 16 and 17 year old employees loading the scrap paper balers or

paper box compactors, and

(2) that cannot operate while being loaded.

(b) DEFINITION.—For purposes of subsection

(a), scrap paper balers and paper box compactors shall be considered safe for 16 or 17 year

old employees to load only if—

(1) such scrap paper balers and paper box

compactors are in compliance with the current safety standard established by the

American National Standards Institute;

(2) such scrap paper balers and paper box

compactors include an on-off switch incorporating a keylock or other system and the

control of such system is maintained in the

custody of employees who are 18 years of age

or older;

(3) the on-off switch of such scrap paper

balers and paper box compactors is maintained in an off condition when such scrap

paper balers and paper box compactors are

not in operation; and

(4) the employer of 16 and 17 year old employees provides notice, and posts a notice,

on such scrap paper balers and paper box

compactors stating that—

(A) such scrap paper balers and paper box

compactors meet the current safety standard

established by the American National Standards Institute;

(B) 16 and 17 year old employees may only

load such scrap paper balers and paper box

compactors; and

(C) any employee under the age of 18 may

not operate or unload such scrap paper

balers and paper box compactors.

SEC. 2. CONSTRUCTION.

Section 1 is not to be construed as affecting the exemption for apprentices and student learners published at 29 Code of Federal

Regulations 570.63.

After debate,

Pursuant to clause 4 of rule XIII, the

previous question on the amendment

and the bill was considered as ordered.

The question being put, viva voce,

Will the House agree to said amendment?

The SPEAKER pro tempore, Mr.

FOLEY, announced that the yeas had

it.

So the committee amendment in the

nature of a 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.

FOLEY, 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.

T133.10 FEDERAL EMPLOYEE

REPRESENTATIVE IMPROVEMENT

The Committee of the Whole House

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

the bill (H.R. 782) to amend title 18 of

the United States Code to allow members of employee associations to represent their views before the United

States Government.

When said bill was considered and

read twice.

The SPEAKER pro tempore, Mr.

FOLEY, pursuant to clause 4 of rule

XIII, recognized Mr. HOKE and Mr.

FRANK, each for 30 minutes.

The following amendment in the nature of a substitute recommended by

the Committee on the Judiciary, was

submitted:

Strike out all after the enacting clause and

insert in lieu thereof the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Federal Employee Representation Improvement Act of

1995’’.

SEC. 2. REPRESENTATION BY FEDERAL OFFICERS AND EMPLOYEES.

(a) EXTENSION OF EXEMPTION TO PROHIBITION.—Subseciton (d) of section 205 of title

18, United States Code, is amended to read as

follows:

‘‘(d)(1) Nothing in subsection (a) or (b) prevents an officer or employee, if not inconsistent with the faithful performance of that

officer’s or employee’s duties, from acting

without compensation as agent or attorney

for, or otherwise representing—

‘‘(A) any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with

those proceedings; or

‘‘(B) except as provided in paragraph (2),

any cooperative, voluntary, professional,

recreational, or similar organization or

group not established or operated for profit,

if a majority of the organization’s or group’s

members are current officers or employees of

the Untied States or of the District of Columbia, or their spouses or dependent children.

‘‘(2) Paragraph (1)(B) does not apply with

respect to a covered matter that—

‘‘(A) is a claim under subsection (a)(1) or

(b)(1);

‘‘(B) is a judicial or administrative proceeding where the organization or group is a

party; or

‘‘(C) involves a grant, a contract, or other

agreement (including a request for any such

grant, contract, or agreement) providing for

the disbursement of Federal funds to the organization or group.’’.

(b) APPLICATION TO LABOR-MANAGEMENT

RELATIONS.—Section 205 of title 18, United

States Code, is amended by adding at the end

the following:

‘‘(i) Nothing in this section prevents an

employee from acting pursuant to chapter 71

of title 5 or section 1004 or chapter 12 of title

39.’’.

After debate,

Pursuant to clause 4 of rule XIII, the

previous question on the committee

amendment and the bill was considered

as ordered.

The question being put, viva voce,

Will the House agree to said amendment?

The SPEAKER pro tempore, Mr.

FOLEY, announced that the yeas had

it.

So the committee amendment in the

nature of a 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.

FOLEY, 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.

T133.11 APPOINTMENT OF ADDITIONAL

CONFEREE—H.R. 4

The SPEAKER pro tempore, Mr.

FOLEY, by unanimous consent, announced the appointment of Mr.

CUNNINGHAM as an additional conferee

on the part of the House to the conference with the Senate on the disagreeing votes of the two Houses on

the amendments of the Senate to the

bill (H.R. 4) to restore the American

family, reduce illegitimacy, control

welfare spending and reduce welfare dependence.

Ordered, That the Clerk notify the

Senate of the foregoing appointment.

T133.12 SUBPOENA

The SPEAKER pro tempore, Mr.

FOLEY, laid before the House a communication, which was read as follows:

SAM M. GIBBONS,

HOUSE OF REPRESENTATIVES,

Washington, DC, October 18, 1995.

Hon. NEWT GINGRICH,

Speaker, House of Representatives, Washington,

DC.

DEAR MR. SPEAKER: This is to formally notify you pursuant to Rule L (50) of the Rules

of the House that a member of my staff has

been served with a subpoena issued by the

United States District Court for the Middle

District of Florida.

After consultation with the General Counsel, I have determined that compliance with

the subpoena is consistent with the privileges and precedents of the House.

Sincerely,

SAM M. GIBBONS,

U.S. Congressman.

T133.13 FISHERMEN’S PROTECTION

Mr. YOUNG of Alaska moved to suspend the rules and agree to the following amendment of the Senate to the

bill (H.R. 716) to amend the Fishermen’s Protective Act.

Strike out all after the enacting clause and

insert: