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plaint is filed or within such shorter period as the
Secretary may specify.
‘‘(4) If the Secretary, upon the expiration of 120
days after the filing of the complaint, has not issued
a final order, the decision of the administrative law
judge shall be deemed to be the final order of the Sec-
retary.
‘‘(5) Any party to the dispute may seek review
of a final order of the Secretary under this subsection
in the courts of appeal of the United States.
‘‘(6) Any findings of fact in a final order of the
Secretary under this subsection, if supported by sub-
stantial evidence, shall be conclusive if challenged in
a court pursuant to this subsection. No objection to
such a final order shall be considered by the court un-
less objection was urged before an administrative law
judge or the Secretary at a proceeding under this sub-
section or, if not so urged, unless there were reason-
able grounds for failure to do so.
‘‘(d) ESCROW; GUARANTEE OF AIR CARRIER AC-
CESS.—
‘‘(1) ESCROW.—Any fee increase or newly estab-
lished fee (except for a fee paid as part of an agree-
ment entered into prior to June 9, 1994, under which
such fee is paid under protest), which is the subject
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of a complaint that is not dismissed by the Secretary,
shall be paid by the complainant air carrier into an
appropriate escrow account maintained for such pur-
pose, until final disposition of the matter by the Sec-
retary. The balance of the escrow account, including
any interest accumulated thereon, shall be disbursed
in accordance with directions in the final order of the
Secretary.
‘‘(2) GUARANTEE OF AIR CARRIER ACCESS.—
Contingent upon an air carrier’s compliance with the
escrow requirements of paragraph (1) and pending
the issuance of a final order of the Secretary deter-
mining the reasonableness of a fee that is the subject
of a complaint filed under subsection (a)(1)(B), an
owner or operator of an airport may not deny an air
carrier currently providing air service at the airport
reasonable access to airport facilities or service, or
otherwise interfere with an air carrier’s rates, routes,
or services, as a means of enforcing the fee.
‘‘(e) APPLICABILITY.—This section does not apply to—
‘‘(1) a fee imposed pursuant to a written agree-
ment with air carriers using the facilities of an air-
port;
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‘‘(2) a fee imposed pursuant to a financing
agreement or covenant entered into prior to the date
of enactment of this section; or
‘‘(3) any other existing fee not in dispute as of
such date of enactment.
‘‘(f) EFFECT ON EXISTING AGREEMENTS.—Nothing in
this section shall adversely affect—
‘‘(1) the rights of any party under any existing
written agreement between an air carrier and the
owner or operator of an airport; or
‘‘(2) the ability of an airport to meet its obliga-
tions under a financing agreement, or covenant, that
is in force as of the date of enactment of this section.
‘‘(g) DEFINITION.—In this section, the term ‘fee’ means
any rate, rental charge, landing fee, or other service charge
for the use of airport facilities.’’.
TITLE VI—COMMITTEE
OVERSIGHT HEARINGS
SEC. 601. SCOPE OF THE HEARINGS.
The Committee on Banking, Housing, and Urban Af-
fairs (referred to as the ‘‘committee’’) shall—
(1) conduct hearings into whether improper con-
duct occurred regarding—
(A) communications between officials of the
White House and the Department of the Treas-
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ury or the Resolution Trust Corporation relating
to the Whitewater Development Corporation and
the Madison Guaranty Savings and Loan Asso-
ciation;
(B) the Park Service Police investigation
into the death of White House Deputy Counsel
Vincent Foster; and
(C) the way in which White House officials
handled documents in the office of White House
Deputy Counsel Vincent Foster at the time of his
death; and
(2)(A) make such findings of fact as are war-
ranted and appropriate;
(B) make such recommendations, including rec-
ommendations for new legislation and amendments to
existing laws and any administrative or other ac-
tions, as the committee may determine to be necessary
or desirable; and
(C) fulfill the Constitutional oversight and in-
forming function of the Congress with respect to the
matters described in this section.
The hearings authorized by this title shall begin on a date
determined by the Majority Leader, in consultation with
the Minority Leader, but no later than the earlier of July
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29, 1994, or within 30 days after the conclusion of the first
phase of the independent counsel’s investigation.
SEC. 602. MEMBERSHIP, ORGANIZATION, AND JURISDIC-
TION OF THE COMMITTEE FOR PURPOSES OF
THE HEARINGS.
(a)(1) For the sole purpose of conducting the hearings
authorized by this title, the committee shall consist of—
(A) the members of the Committee on Banking,
Housing, and Urban Affairs, who shall, in serving as
members of the committee, reflect the legislative and
oversight interests of other committees of the Senate
with a jurisdictional interest (if any) in the hearings
authorized in paragraph (1) of section 601 as pro-
vided in subparagraph (B);
(B)(i) Senator Kerry and Senator Bond from the
Committee on Small Business;
(ii) Senator Riegle and Senator Roth from the
Committee on Finance; and
(iii) Senator Shelby and Senator Domenici from
the Subcommittee on Public Lands, Parks, and For-
ests of the Committee on Energy and Natural Re-
sources;
(iv) Senator Moseley–Braun from the Committee
on the Judiciary; and
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(v) Senator Sasser and Senator Roth from the
Permanent Subcommittee on Investigations; and
(C) the ranking member of the Committee on the
Judiciary who shall serve for purposes of considering
matters within the jurisdiction of the Committee on
the Judiciary, but shall not serve as a voting member
of the committee.
(2) For the purpose of paragraph 4 of rule XXV of
the Standing Rules of the Senate, service of the ranking
member of the Committee on the Judiciary as a member
of the committee shall not be taken into account.
(b) The jurisdiction of the committee shall encompass
the jurisdiction of the committees and subcommittees listed
in subsection (a)(1)(B), to the extent, if any, pertinent to
the hearings authorized by this title.
(c) A majority of the members of the committee shall
constitute a quorum for reporting a matter or recommenda-
tion to the Senate, except that the committee may fix a less-
er number as a quorum for the purpose of taking testimony
before the committee or for conducting the other business
of the committee as provided in paragraph 7 of rule XXV
of the Standing Rules of the Senate.
SEC. 603. ADDITIONAL STAFF FOR THE COMMITTEE.
(a) The committee, through the chairman, may request
and use, with the prior consent of the chairman of any com-
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mittee or subcommittee listed in section 602(a)(1)(B), the
services of members of the staff of such committee or sub-
committee.
(b) In addition to staff provided pursuant to sub-
section (a) and to assist the committee in its hearings, the
chairman may appoint and fix the compensation of addi-
tional staff.
SEC. 604. PUBLIC ACTIVITIES OF THE COMMITTEE.
(a) Consistent with the rights of persons subject to in-
vestigation and inquiry, the committee shall make every ef-
fort to fulfill the right of the public and the Congress to
know the essential facts and implications of the activities
of officials of the United States Government with respect
to the matters covered by the hearings as described in sec-
tion 601.
(b) In furtherance of the public’s and Congress’ right
to know, the committee—
(1) shall hold, as the chairman (in consultation
with the ranking member) considers appropriate and
in accordance with paragraph 5(b) of rule XXVI of
the Standing Rules of the Senate, open hearings sub-
ject to consultation and coordination with the inde-
pendent counsel appointed pursuant to title 28, parts
600 and 603, of the Code of Federal Regulations (re-
ferred to as the ‘‘independent counsel’’);
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(2) may make interim reports to the Senate as
it considers appropriate; and
(3) shall, in order to accomplish the purposes set
forth in subsection (a), make a final comprehensive
public report to the Senate of the findings of fact and
any recommendations specified in paragraph (2) of
section 601.
SEC. 605. POWERS OF THE COMMITTEE.
(a) The committee shall do everything necessary and
appropriate under the laws and Constitution of the United
States to conduct the hearings specified in section 601.
(b) The committee is authorized to exercise all of the
powers and responsibilities of a committee under rule XXVI
of the Standing Rules of the Senate and section 705 of the
Ethics in Government Act of 1978 (2 U.S.C. 288d), includ-
ing the following:
(1) To issue subpoenas or orders for the attend-
ance of witnesses or for the production of documen-
tary or physical evidence before the committee. A sub-
poena may be authorized by the committee or by the
chairman with the agreement of the ranking member
and may be issued by the chairman or any other
member designated by the chairman, and may be
served by any person designated by the chairman or
the authorized member anywhere within or without
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the borders of the United States to the full extent per-
mitted by law. The chairman of the committee, or
any other member thereof, is authorized to administer
oaths to any witnesses appearing before the commit-
tee.
(2) Except that the committee shall have no
power to exercise the powers of a committee under sec-
tion 6005 of title 18, United States Code for immu-
nizing witnesses.
(3) To procure the temporary or intermittent
services of individual consultants, or organizations
thereof.
(4) To use on a reimbursable basis, with the
prior consent of the Government department or agen-
cy concerned, the services of personnel of such depart-
ment or agency.
(5) To report violations of any law to the appro-
priate Federal, State, or local authorities.
(6) To expend, to the extent the committee deter-
mines necessary and appropriate, any money made
available to such committee by the Senate to conduct
the hearings and to make the reports authorized by
this title.
(7) To require by subpoena or order the attend-
ance, as witnesses, before the committee or at deposi-
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tions, any person who may have knowledge or infor-
mation concerning matters specified in section
601(1).
(8) To take depositions under oath anywhere
within the United States, to issue orders by the chair-
man or his designee which require witnesses to an-
swer written interrogatories under oath.
(9) To issue commissions and to notice deposi-
tions for staff members to examine witnesses and to
receive evidence under oath administered by an indi-
vidual authorized by law to administer oaths. The
committee, acting through the chairman, may delegate
to designated staff members the power to authorize
and issue commissions and deposition notices.
(c)(1) Subject to the provisions of paragraph (2), the
committee shall be governed by the rules of the Committee
on Banking, Housing, and Urban Affairs, except that the
committee may modify its rules for purposes of the hearings
conducted under this title. The committee shall cause any
such amendments to be published in the Congressional
Record.
(2) The committee’s rules shall be consistent with the
Standing Rules of the Senate and this title.
SEC. 606. RELATION TO OTHER INVESTIGATIONS.
In order to—
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(1) expedite the thorough conduct of the hearings
authorized by this title;
(2) promote efficiency among all the various in-
vestigations underway in all branches of the United
States Government; and
(3) engender a high degree of confidence on the
part of the public regarding the conduct of such hear-
ing,
the committee is encouraged—
(A) to obtain relevant information concern-
ing the status of the independent counsel’s inves-
tigation to assist in establishing a hearing sched-
ule for the committee; and
(B) to coordinate, to the extent practicable,
its activities with the investigation of the inde-
pendent counsel.
SEC. 607. SALARIES AND EXPENSES.
Senate Resolution 71 (103d Congress) is amended—
(1) in section 2(a) by striking ‘‘$56,428,119’’
and inserting ‘‘$56,828,419’’; and
(2) in section 6(c) by striking ‘‘$3,220,767’’ and
inserting ‘‘$3,620,767’’.
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SEC. 608. REPORTS; TERMINATION.
(a) The committee shall make the final public report
to the Senate required by section 604(b) not later than the
end of the One Hundred Third Congress.
(b) The final report of the committee may be accom-
panied by whatever confidential annexes are necessary to
protect confidential information.
(c) The authorities granted by this title shall terminate
30 days after submission of the committee’s final report.
All records, files, documents, and other materials in the pos-
session, custody, or control of the committee shall remain
under the control of the regularly constituted Committee on
Banking, Housing, and Urban Affairs.
SEC. 609. COMMITTEE JURISDICTION AND RULE XXV.
The jurisdiction of the committee is granted pursuant
to this title notwithstanding the provisions of paragraph
1 of rule XXV of the Standing Rules of the Senate relating
to the jurisdiction of the standing committees of the Senate.
SEC. 610. COMMITTEE FUNDING AND RULE XXVI.
The supplemental authorization for the committee is
granted pursuant to this title notwithstanding the provi-
sions of paragraph 9 of rule XXVI of the Standing Rules
of the Senate.
SEC. 611. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate’s constitutional
oversight role, additional hearings on the matters identified
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in the resolution passed by the Senate by a vote of 98–0
on March 17, 1994 should by authorized as appropriate
under, and in accordance with, the provisions of that reso-
lution.
(b) Any additional hearings should be structured and
sequenced in such a manner that in the judgement of the
two leaders they would not interfere with the ongoing inves-
tigation of Special Counsel Robert B. Fiske, Jr.
SEC. 612. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate’s constitutional
oversight role, additional hearings on the matters identified
in the resolution passed by the Senate by a vote of 98–0
on March 17, 1994 should by authorized as appropriate
under, and in accordance with, the provisions of that reso-
lution.
(b) Any additional hearings should be structured and
sequenced in such a manner that in the judgement of the
two leaders they would not interfere with the ongoing inves-
tigation of Special Counsel Robert B. Fiske, Jr.
SEC. 613. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate’s constitutional
oversight role, additional hearings on the matters identified
in the resolution passed by the Senate by a vote of 98–0
on March 17, 1994 should by authorized as appropriate
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under, and in accordance with, the provisions of that reso-
lution.
(b) Any additional hearings should be structured and
sequenced in such a manner that in the judgement of the
two leaders they would not interfere with the ongoing inves-
tigation of Special Counsel Robert B. Fiske, Jr.
SEC. 614. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate’s constitutional
oversight role, additional hearings on the matters identified
in the resolution passed by the Senate by a vote of 98–0
on March 17, 1994 should by authorized as appropriate
under, and in accordance with, the provisions of that reso-
lution.
(b) Any additional hearings should be structured and
sequenced in such a manner that in the judgement of the
two leaders they would not interfere with the ongoing inves-
tigation of Special Counsel Robert B. Fiske, Jr.
SEC. 615. HEARING DATE.
Notwithstanding any other provision of this Act, for
purposes of conducting such hearings and related activities
of the Committee on Banking, Housing, and Urban Affairs
required under this Act, such hearings shall begin on a date
no later than July 29, 1994, or within 30 days after the
conclusion of the first phase of the independent counsel’s
investigation, whichever is the earlier.
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SEC. 616. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate’s constitutional
oversight role, additional hearings on the matters identified
in the resolution passed by the Senate by a vote of 98–0
on March 17, 1994 should by authorized as appropriate
under, and in accordance with, the provisions of that reso-
lution.
(b) Any additional hearings should be structured and
sequenced in such a manner that in the judgement of the
two leaders they would not interfere with the ongoing inves-
tigation of Special Counsel Robert B. Fiske, Jr.
SEC. 617. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate’s constitutional
oversight role, additional hearings on the matters identified
in the resolution passed by the Senate by a vote of 98–0
on March 17, 1994 should by authorized as appropriate
under, and in accordance with, the provisions of that reso-
lution.
(b) Any additional hearings should be structured and
sequenced in such a manner that in the judgement of the
two leaders they would not interfere with the ongoing inves-
tigation of Special Counsel Robert B. Fiske, Jr.
SEC. 618. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate’s constitutional
oversight role, additional hearings on the matters identified
in the resolution passed by the Senate by a vote of 98–0
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on March 17, 1994 should by authorized as appropriate
under, and in accordance with, the provisions of that reso-
lution.
(b) Any additional hearings should be structured and
sequenced in such a manner that in the judgement of the
two leaders they would not interfere with the ongoing inves-
tigation of Special Counsel Robert B. Fiske, Jr.
SEC. 619. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate’s constitutional
oversight role, additional hearings on the matters identified
in the resolution passed by the Senate by a vote of 98–0
on March 17, 1994 should by authorized as appropriate
under, and in accordance with, the provisions of that reso-
lution.
(b) Any additional hearings should be structured and
sequenced in such a manner that in the judgement of the
two leaders they would not interfere with the ongoing inves-
tigation of Special Counsel Robert B. Fiske, Jr.
Attest:
Secretary.
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