HOUSE OF REPRESENTATIVES

1583

1995 T133.16

erenced in the Agreement, the provisions of

this title which apply to the Panel shall

thereafter apply to the Yukon River Salmon

Commission, and the other provisions of this

title shall remain in effect.

SEC. 709. ADMINISTRATIVE MATTERS.

(a) Panel members and alternate Panel

members who are not State or Federal employees shall receive compensation at the

daily rate of GS–15 of the General Schedule

when engaged in the actual performance of

duties.

(b) Travel and other necessary expenses

shall be paid for all Panel members, alternate Panel members, United States members

of the Joint Technical Committee, and members of the Advisory Committee when engaged in the actual performance of duties.

(c) Except for officials of the United States

Government, individuals described in subsection (b) shall not be considered to be Federal employees while engaged in the actual

performance of duties, except for the purposes of injury compensation or tort claims

liability as provided in chapter 81 of title 5,

United States Code, and chapter 71 of title

28, United States Code.

SEC. 710. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated

$4,000,000 for each fiscal year for carrying out

the purposes and provisions of the Agreement and this title including—

(1) necessary travel expenses of Panel

members, alternate Panel members, United

States members of the Joint Technical Committee, and members of the Advisory Committee in accordance with Federal Travel

Regulations and sections 5701, 5702, 5704

through 5708, and 5731 of title 5, United

States Code;

(2) the United States share of the joint expenses of the Panel and the Joint Technical

Committee: Provided, That Panel members

and alternate Panel members shall not, with

respect to commitments concerning the

United States share of the joint expenses, be

subject to section 262(b) of title 22, United

States Code, insofar as it limits the authority of United States representatives to international organizations with respect to such

commitments;

(3) not more than $3,000,000 for each fiscal

year to the Department of the Interior and

to the Department of Commerce for survey,

restoration, and enhancement activities related to Yukon River salmon; and

(4) $400,000 in each of fiscal years 1996, 1997,

1998, and 1999 to be contributed to the Yukon

River Restoration and Enhancement Fund

and used in accordance with the Agreement.

TITLE VIII—MISCELLANEOUS

SEC. 801. SOUTH PACIFIC TUNA AMENDMENT.

Section 9 of the South Pacific Tuna Act of

1988 (16 U.S.C. 973g) is amended by adding at

the end thereof the following:

‘‘(h) Notwithstanding the requirements

of—

‘‘(1) section 1 of the Act of August 26, 1983

(97 Stat. 587; 46 U.S.C. 12108);

‘‘(2) the general permit issued on December

1, 1980, to the American Tunaboat Association under section 104(h)(1) of the Marine

Mammal Protection Act (16 U.S.C.

1374(h)(1)); and

‘‘(3) sections 104(h)(2) and 306(a) of the Marine Mammal Protection Act (16 U.S.C.

1374(h)(2) and 1416(a))—

any vessel documented under the laws of the

United States as of the date of enactment of

the Fisheries Act of 1995 for which a license

has been issued under subsection (a) may fish

for tuna in the Treaty Area, including those

waters subject to the jurisdiction of the

United States in accordance with international law, subject to the provisions of the

treaty and this Act, provided that no such

vessel fishing in the Treaty Area intentionally deploys a purse seine net to encircle

any dolphin or other marine mammal in the

course of fishing under the provisions of the

Treaty or this Act.’’.

SEC. 802. FOREIGN FISHING FOR ATLANTIC HERRING AND ATLANTIC MACKEREL.

Notwithstanding any other provision of

law—

(1) no allocation may be made to any foreign nation or vessel under section 201 of the

Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) in any

fishery for which there is not a fishery management plan implemented in accordance

with that Act; and

(2) the Secretary of Commerce may not approve the portion of any permit application

submitted under section 204(b) of the Act

which proposes fishing by a foreign vessel for

Atlantic mackerel or Atlantic herring

unless—

(A) the appropriate regional fishery management council recommends under section

204(b)(5) of that Act that the Secretary approve such fishing, and

(B) the Secretary of Commerce includes in

the permit any conditions or restrictions

recommended by the appropriate regional

fishery management council with respect to

such fishing.

The SPEAKER pro tempore, Mr.

FOLEY, recognized Mr. YOUNG of

Alaska and Mr. STUDDS, each for 20

minutes.

After debate,

The question being put, viva voce,

Will the House suspend the rules and

agree to said amendment?

The SPEAKER pro tempore, Mr.

FOLEY, 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

amendment was agreed to.

A motion to reconsider the vote

whereby the rules were suspended and

said amendment was agreed to was, by

unanimous consent, laid on the table.

Ordered, That the Clerk notify the

Senate thereof.

T133.14 JERUSALEM EMBASSY

RELOCATION

Mr. GILMAN moved to suspend the

rules and pass the bill of the Senate (S.

1322) to provide for the relocation of

the United States Embassy in Israel to

Jerusalem, and for other purposes.

The SPEAKER pro tempore, Mr.

FOLEY, recognized Mr. GILMAN and

Mr. HAMILTON, 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.

FOLEY, announced that two-thirds of

the Members present had voted in the

affirmative.

Mr. GILMAN demanded that the vote

be taken by the yeas and nays, which

demand was supported by one-fifth of

the Members present, so the yeas and

nays were ordered.

The SPEAKER pro tempore, Mr.

FOLEY, pursuant to clause 5, rule I,

announced that further proceedings on

the motion were postponed.

T133.15 WAIVING POINTS OF ORDER

AGAINST CONFERENCE REPORT ON H.R.

2002

Mrs. WALDHOLTZ, by direction of

the Committee on Rules, reported

(Rept. No. 104–289) the resolution (H.

Res. 241) waiving certain points of

order during consideration of the conference report on the bill (H.R. 2002)

making appropriations for the Department of Transportation and related

agencies 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.

T133.16 NOTICE REQUIREMENT—

CONSIDERATION OF RESOLUTION—

QUESTION OF PRIVILEGES

Ms. SLAUGHTER, pursuant to clause

2(a)(1) of rule IX, announced her intention to call up the following resolution,

as a question of the privileges of the

House:

To direct the Speaker to provide an appropriate remedy in response to the use of a

forged document at a subcommittee hearing.

Whereas, on September 28, 1995, the Subcommittee on National Economic Growth,

Natural Resources and Regulatory Affairs of

the Committee on Government Reform and

Oversight held a hearing on political advocacy of Federal grantees;

Whereas, the president of the Alliance for

Justice, a national association of public interest and civil rights organizations testified

at that hearing;

Whereas, a document was placed upon the

press table for distribution at the hearing

which contained the letterhead, including

the name, address, phone number, fax number, and E-mail address of the Alliance for

Justice, and the names of certain member

organizations and the dollar amounts of Federal grants they received;

Whereas, in her opening statement at the

hearing, the president of the Alliance for

Justice identified the document as being

forged and contained errors and requested an

explanation from the chairman of the subcommittee as to the source of the document;

Whereas, in response, the chairman acknowledged that the document was created

by the subcommittee staff;

Whereas, House Information Resources, at

the request of the subcommittee staff, prepared the forged document;

Whereas, the document was prepared using

official funds;

Whereas, the chairman of the subcommittee acknowledged in a letter, dated

September 28, 1995, to the president of the

Alliance for Justice that ‘‘the graphics, unfortunately, appeared to simulate the Alliance’s letterhead’’;

Whereas, the September 29, 1995, issue of

the National Journal’s Congress Daily reported that Representative McIntosh’s communications director said that the ’’the letterhead was taken from a faxed document,

scanned into their computer system and altered’’; and

Whereas, questions continue to arise regarding the responsibility for preparation of

the forged document: the chairman of the

subcommittee stated during the hearing that

he had no prior knowledge of the document’s

preparation; the chairman later stated that

the subcommittee staff prepared the document; and other published reports suggested

that Chairman McIntosh’s personal office

prepared the document;

Whereas, on September 27, 1995, the Speaker expressed concern over the distribution of