datamatters24/research-document-archive huggingface dataset:
HR 2664 IH
perience as a professional milk marketer;
or
‘‘(ii) practical familiarity with, or
demonstrated knowledge of, the process of
marketing agricultural commodities for ex-
port or the financing of such transactions;
or
‘‘(iii) practical familiarity with, or
demonstrated knowledge of, the mechanics
and market effects of moving dairy prod-
ucts from the processing plant into the
market; or
‘‘(iv) substantial experience with the
Federal milk price support program or
Commodity Credit Corporation removals of
dairy products from the market under that
program.
‘‘(6) DIVERSITY OF APPOINTMENTS.—In mak-
ing appointments to the Board, the Secretary shall
ensure that not more than one person employed by
a particular company or associated with a particular
cooperative organization that can bloc vote in the
election of producer nominees sits on the Board at
the same time.
HR 2664 IH
‘‘(7) REJECTION.—The Secretary may reject
any nominee selected by milk producers. If there are
insufficient nominations from which to appoint
members to the Board as a result of the Secretary
rejecting nominees selected by milk producers, milk
producers shall select additional nominees, as pro-
vided in this subsection.
‘‘(8) TIME
SCHEDULE.—The Secretary shall
conduct the regional elections of producer nominees
for appointment to the initial Board and appoint all
the initial members to the Board no later than Sep-
tember 1, 1993. Thereafter, whenever a seat be-
comes vacant for any reason, the Secretary, as soon
as practicable, shall conduct an election (if the va-
cant seat is a producer seat) and make an appoint-
ment of a person to fill the vacant seat.
‘‘(9) TERMS OF MEMBERS.—Each member of
the Board shall serve for a three-year term, subject
to termination of the Board by June 30, 1999, ex-
cept that terms shall be staggered, as follows:
‘‘(A) 4 of the producer members and 2 of
the non-producer members appointed by the
Secretary to the initial Board shall have a 1-
year term;
I
103D CONGRESS
1ST SESSION
H. R. 1034
To amend chapter 83 of title 5, United States Code, to extend the civil
service retirement provisions of such chapter which are applicable to
law enforcement officers to inspectors of the Immigration and Naturaliza-
tion Service, inspectors and canine enforcement officers of the United
States Customs Service, and revenue officers of the Internal Revenue
Service.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1993
Mr. SWIFT (for himself, Mr. BAKER of Louisiana, Mr. HOCHBRUECKNER, Mr.
INSLEE, 
Mr. 
KREIDLER, 
Mr. 
LIPINSKI, 
Mr. 
MCCOLLUM, 
Mr.
MCDERMOTT, Mr. MANTON, Mrs. MEYERS of Kansas, Mr. OBERSTAR,
Mr. ORTIZ, Mr. PAXON, Ms. PELOSI, Mr. PETERSON of Minnesota, Mr.
RANGEL, and Mrs. UNSOELD) introduced the following bill; which was re-
ferred to the Committee on Post Office and Civil Service
A BILL
To amend chapter 83 of title 5, United States Code, to
extend the civil service retirement provisions of such
chapter which are applicable to law enforcement officers
to inspectors of the Immigration and Naturalization
Service, inspectors and canine enforcement officers of
the United States Customs Service, and revenue officers
of the Internal Revenue Service.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. APPLICATION OF CIVIL SERVICE RETIREMENT
PROVISIONS.
(a) DEFINITIONS.—Section 8331 of title 5, United
States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(24);
(2) by striking the period at the end of para-
graph (25) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraphs:
‘‘(26) ‘revenue officer’ means an employee of
the Internal Revenue Service, the duties of whose
position are primarily the collection of delinquent
taxes and the securing of delinquent returns, includ-
ing an employee engaged in this activity who is
transferred to a supervisory or administrative posi-
tion;
‘‘(27) ‘customs inspector’ means an employee of
the United States Customs Service, the duties of
whose position are primarily to—
‘‘(A) enforce laws and regulations govern-
ing the importing and exporting of merchan-
dise;
‘‘(B) process and control passengers and
baggage;
of such period shall be resolved in accordance with the
procedures in effect on the date of the enactment of this
Act.
SEC. 4. WHISTLEBLOWER PROTECTION FOR TITLE 38 EM-
PLOYEES.
(a) IN GENERAL.—(1) Chapter 74 of title 38, United
States Code, is amended by inserting at the end of sub-
chapter V the following new section:
‘‘§ 7465. Disclosures of violations of law, gross mis-
management, and certain other matters:
protection of employees
‘‘(a) The provision of section 2302(b)(8) of title 5 shall
apply with respect to an employee, or applicant for employ-
ment, in a position covered by this chapter in the same
manner as if that position were a ‘covered position’ within
the meaning of section 2302(a)(2)(B) of title 5.
‘‘(b) Subsection (a) shall apply for purposes of apply-
ing the provisions of subchapters II and III of chapter 12
of title 5 which relate to any authority to conduct investiga-
tions, or to seek or administer any corrective action, dis-
ciplinary action, or other remedy in connection with a pro-
hibited personnel practice described in section 2302(b)(8)
of such title.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
7464 the following new item:
‘‘7465. Disclosures of violations of law, gross mismanagement, and certain other
matters: protection of employees.’’.
(b) EFFECTIVE DATE.—(1) Subject to paragraph (2),
section 7465 of title 38, United States Code, as added by
subsection (a), shall apply with respect to personnel actions
occurring before, on, or after the date of the enactment of
this Act, but subject to any deadline for commencing any
action for relief.
(2) Such section shall not affect any administrative
proceeding pending on the date of the enactment of this Act,
and order shall be issued in any such proceeding, and ap-
peals shall be taken therefrom, as if such section had not
been enacted.
‘‘(C) interdict smuggled merchandise and
contraband; and
‘‘(D) apprehend (if warranted) persons in-
volved in violations of customs laws,
including an employee engaged in this activity who
is transferred to a supervisory or administrative po-
sition;
‘‘(28) ‘customs canine enforcement officer’
means an employee of the United States Customs
Service, the duties of whose position are primarily to
work directly with a dog in an effort to—
‘‘(A) enforce laws and regulations govern-
ing the importing and exporting of merchan-
dise;
‘‘(B) process and control passengers and
baggage;
‘‘(C) interdict smuggled merchandise and
contraband; and
‘‘(D) apprehend (if warranted) persons in-
volved in violations of customs laws,
including an employee engaged in this activity who
is transferred to a supervisory or administrative po-
sition; and
‘‘(29) ‘Immigration and Naturalization inspec-
tor’ means an employee of the Immigration and Nat-
uralization Service, the duties of whose position are
primarily the controlling and guarding of the bound-
aries and borders of the United States against the
illegal entry of aliens, including an employee en-
gaged in this activity who is transferred to a super-
visory or administrative position.’’.
(b) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS-
ITS.—Section 8334 of such title is amended—
(1) in subsection (a)(1), by striking ‘‘a law en-
forcement officer,’’ and inserting ‘‘a law enforcement
officer, a revenue officer, a customs inspector, a cus-
toms canine enforcement officer, an Immigration
and Naturalization inspector,’’; and
(2) in the table in subsection (c), by striking
‘‘and firefighter for firefighter service.’’ and insert-
ing ‘‘, firefighter for firefighter service, revenue offi-
cer for revenue officer service, customs inspector for
customs inspector service, customs canine enforce-
ment officer for customs canine enforcement officer
service, and Immigration and Naturalization inspec-
tor for Immigration and Naturalization inspector
service’’.
(c) MANDATORY SEPARATION.—Section 8335(b) of
such title is amended by striking ‘‘law enforcement officer
or a firefighter’’ and inserting ‘‘law enforcement officer,
a firefighter, a revenue officer, a customs inspector, a cus-
toms canine enforcement officer, or an Immigration and
Naturalization inspector’’.
(d) IMMEDIATE RETIREMENT.—Section 8336(c)(1)
of such title is amended by striking ‘‘law enforcement offi-
cer or firefighter,’’ and inserting ‘‘law enforcement officer,
a firefighter, a revenue officer, a customs inspector, a cus-
toms canine enforcement officer, or an Immigration and
Naturalization inspector,’’.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall apply with
respect to all persons employed as revenue officers of the
Internal Revenue Service, customs inspectors and canine
enforcement officers of the United States Customs Serv-
ice, and inspectors of the Immigration and Naturalization
Service upon or after the expiration of the 90-day period
which begins on the date of the enactment of this Act.
Æ
HR 2664 IH
‘‘(B) 4 of the producer members and 2 of
the non-producer members appointed by the
Secretary to the initial Board shall have a 2-
year term; and
‘‘(C) 4 of the producer members and 2 of
the non-producer members appointed by the
Secretary shall have a full 3-year term.
‘‘(10) OPERATIONS
COMMITTEE.—The Board
may establish an Operations Committee for con-
sultation and advice, consisting of persons not sit-
ting on the Board who as a group are suitably quali-
fied, either in experience or knowledge, in the var-
ious aspects of the dairy industry, from research and
production to export marketing. The Operations
Committee shall have no right to cast votes in any
matter voted on by the Board or the Board’s mem-
ber committees, nor shall it have the power to per-
form any of the functions of the Board under this
title.
‘‘(11) CONFLICT RULES.—The members of the
Board shall be subject to such conflict of interest
rules as determined appropriate by the Secretary.
‘‘(12) 
REIMBURSEMENT
FOR
EXPENSES.—
Members of the Board and the Operating Committee
shall serve without pay, but shall be allowed reim-
103D CONGRESS
1ST SESSION
H. R. 1036
AN ACT
To amend the Employee Retirement Income Security Act
of 1974 to provide that such Act does not preempt
certain State laws.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ERISA PREEMPTION RULES NOT TO APPLY TO
CERTAIN ADDITIONAL STATE LAWS.
Section 514(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1144(b)) is amended by
adding at the end the following new paragraph:
‘‘(9) Subsection (a) shall not apply to—
HR 1036 EH
‘‘(A) any provision of State law to the extent
that such provision requires the payment of prevail-
ing wages, including employee benefits, on public
projects and permits any prevailing employee benefit
plan contribution or cost requirement of such law to
be met by crediting—
‘‘(i) the payment of employee benefit plan
contributions or costs,
‘‘(ii) the payment of wages in lieu of such
contributions or costs, or
‘‘(iii) the payment of a combination of
wages and such contributions or costs;
except that this subparagraph shall not be construed
to exempt from subsection (a) any such provision to
the extent it otherwise mandates the maintenance of,
or otherwise regulates the benefits or operations of,
any employee benefit plan;
‘‘(B) any provision of State law to the extent
that such provision—
‘‘(i) establishes minimum standards for the
certification or registration of apprenticeship or
other training programs,
‘‘(ii) concerns the establishment, mainte-
nance, or operation of a certified or registered
apprenticeship or other training program, or
HR 1036 EH
‘‘(iii) makes certified or registered appren-
ticeship or other training an occupational quali-
fication,
and does not conflict with any right, requirement, or
duty established under this title; or
‘‘(C) any provision of State law to the extent
that such provision provides for a mechanics’ lien or
other lien, bonding, or other security for the collec-
tion of delinquent contributions to a multiemployer
plan.’’.
SEC. 2. EFFECTIVE DATE.
The amendment made by section 1 shall take effect
on the date of the enactment of this Act and shall apply
to matters with respect to which actions are pending on
or after such date.
Passed the House of Representatives November 9,
1993.
Attest:
Clerk.
IIA
103D CONGRESS
1ST SESSION
H. R. 1036
IN THE SENATE OF THE UNITED STATES
NOVEMBER 10 (legislative day, NOVEMBER 2), 1993
Received; read twice and referred to the Committee on Labor and Human
Resources
AN ACT
To amend the Employee Retirement Income Security Act
of 1974 to provide that such Act does not preempt
certain State laws.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ERISA PREEMPTION RULES NOT TO APPLY TO
CERTAIN ADDITIONAL STATE LAWS.
Section 514(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1144(b)) is amended by
adding at the end the following new paragraph:
‘‘(9) Subsection (a) shall not apply to—
over 5.5 percent by weight of butterfat, and dried
whole milk, but not containing dried milk, dried
whey, or dried buttermilk any of which contains 5.5
percent or less by weight of butterfat)’’.
SEC. 2. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), the amendment made by section 1 shall apply with
respect to articles entered, or withdrawn from warehouse
for consumption, on or after the 30th day after the date
of the enactment of this Act.
(b) RELIQUIDATION.—Notwithstanding section 514
of the Tariff Act of 1930 (19 U.S.C. 1514) or any other
provision of law, upon proper request filed with the appro-
priate customs officer before the date which is 180 days
after the date of the enactment of this Act, any entry of
an article described in subheading 3501.90.50 of the Har-
monized Tariff Schedule of the United States which was
made after December 31, 1988, and before the date which
is 30 days after the date of the enactment of this Act,
and with respect to which there would have been a lesser
duty if the amendment made by section 1 applied to such
entry, shall be liquidated or reliquidated as though such
amendment applies to such entry, and the Secretary of
the Treasury shall make the appropriate refund, with in-
terest, of the duty paid with respect to such entry.
HR 1036 RFS
‘‘(A) any provision of State law to the extent
that such provision requires the payment of prevail-
ing wages, including employee benefits, on public
projects and permits any prevailing employee benefit
plan contribution or cost requirement of such law to
be met by crediting—
‘‘(i) the payment of employee benefit plan
contributions or costs,
‘‘(ii) the payment of wages in lieu of such
contributions or costs, or
‘‘(iii) the payment of a combination of
wages and such contributions or costs;
except that this subparagraph shall not be construed
to exempt from subsection (a) any such provision to
the extent it otherwise mandates the maintenance of,
or otherwise regulates the benefits or operations of,
any employee benefit plan;
‘‘(B) any provision of State law to the extent
that such provision—
‘‘(i) establishes minimum standards for the
certification or registration of apprenticeship or
other training programs,
‘‘(ii) concerns the establishment, mainte-
nance, or operation of a certified or registered
apprenticeship or other training program, or
HR 1036 RFS
‘‘(iii) makes certified or registered appren-
ticeship or other training an occupational quali-
fication,
and does not conflict with any right, requirement, or
duty established under this title; or
‘‘(C) any provision of State law to the extent
that such provision provides for a mechanics’ lien or
other lien, bonding, or other security for the collec-
tion of delinquent contributions to a multiemployer
plan.’’.
SEC. 2. EFFECTIVE DATE.
The amendment made by section 1 shall take effect
on the date of the enactment of this Act and shall apply
to matters with respect to which actions are pending on
or after such date.
Passed the House of Representatives November 9,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
159 
HR 3630 PCS
‘‘(A) not more than $40,000,000 shall be 
available pursuant to subsection (a) of this sec-
tion only for assistance described in section 
1366(a)(1); 
‘‘(B) not more than $40,000,000 shall be 
available pursuant to subsection (a) of this sec-
tion only for assistance described in section 
1366(a)(2); and 
‘‘(C) not more than $10,000,000 shall be 
available pursuant to subsection (a) of this sec-
tion only for assistance described in section 
1366(a)(3).’’; 
(B) in paragraph (3), by striking ‘‘section 
1366(i)’’ and inserting ‘‘section 1366(e)’’; 
(2) in subsection (c), by striking ‘‘sections 1366 
and 1323’’ and inserting ‘‘section 1366’’; 
(3) by redesignating subsections (d) and (e) as 
subsections (f) and (g), respectively; and 
(4) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) PROHIBITION ON OFFSETTING COLLECTIONS.— 
Notwithstanding any other provision of this title, amounts 
made available pursuant to this section shall not be sub-
ject to offsetting collections through premium rates for 
flood insurance coverage under this title. 
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tjames on DSK6SPTVN1PROD with BILLS
II
Calendar No. 505
103D CONGRESS
2D SESSION
H. R. 1036
[Report No. 103–299]
To amend the Employee Retirement Income Security Act of 1974 to provide
that such Act does not preempt certain State laws.
IN THE SENATE OF THE UNITED STATES
NOVEMBER 10 (legislative day, NOVEMBER 2), 1993
Received; read twice and referred to the Committee on Labor and Human
Resources
JULY 1 (legislative day, JUNE 7), 1994
Reported by Mr. KENNEDY, without amendment
AN ACT
To amend the Employee Retirement Income Security Act
of 1974 to provide that such Act does not preempt
certain State laws.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 1036 RS
SECTION 1. ERISA PREEMPTION RULES NOT TO APPLY TO
CERTAIN ADDITIONAL STATE LAWS.
Section 514(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1144(b)) is amended by
adding at the end the following new paragraph:
‘‘(9) Subsection (a) shall not apply to—
‘‘(A) any provision of State law to the extent
that such provision requires the payment of prevail-
ing wages, including employee benefits, on public
projects and permits any prevailing employee benefit
plan contribution or cost requirement of such law to
be met by crediting—
‘‘(i) the payment of employee benefit plan
contributions or costs,
‘‘(ii) the payment of wages in lieu of such
contributions or costs, or
‘‘(iii) the payment of a combination of
wages and such contributions or costs;
except that this subparagraph shall not be construed
to exempt from subsection (a) any such provision to
the extent it otherwise mandates the maintenance of,
or otherwise regulates the benefits or operations of,
any employee benefit plan;
‘‘(B) any provision of State law to the extent
that such provision—
HR 1036 RS
‘‘(i) establishes minimum standards for the
certification or registration of apprenticeship or
other training programs,
‘‘(ii) concerns the establishment, mainte-
nance, or operation of a certified or registered
apprenticeship or other training program, or
‘‘(iii) makes certified or registered appren-
ticeship or other training an occupational quali-
fication,
and does not conflict with any right, requirement, or
duty established under this title; or
‘‘(C) any provision of State law to the extent
that such provision provides for a mechanics’ lien or
other lien, bonding, or other security for the collec-
tion of delinquent contributions to a multiemployer
plan.’’.
SEC. 2. EFFECTIVE DATE.
The amendment made by section 1 shall take effect
on the date of the enactment of this Act and shall apply
to matters with respect to which actions are pending on
or after such date.
Passed the House of Representatives November 9,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
I
103D CONGRESS
1ST SESSION
H. R. 1037
To amend the Harmonized Tariff Schedule of the United States to correct
the rate of duty on certain mixtures of caseinate.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1993
Mr. BORSKI introduced the following bill; which was referred to the Committee
on Ways and Means
A BILL
To amend the Harmonized Tariff Schedule of the United
States to correct the rate of duty on certain mixtures
of caseinate.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CERTAIN MIXTURES OF CASEINATE.
The article description for subheading 3501.90.50 of
the Harmonized Tariff Schedule of the United States (19
U.S.C. 3007) is amended to read as follows:
‘‘Other (including dried mixtures containing less
than 31 percent by weight of butterfat and consist-
ing of not less than 17.5 percent by weight each of
sodium caseinate, butterfat, whey solids containing
I
103D CONGRESS
1ST SESSION
H. R. 1039
To amend title 5, United States Code, to ensure that whistleblowers are
protected from having to submit, without just cause, to psychological
or psychiatric evaluations or counselling.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1993
Mrs. BYRNE introduced the following bill; which was referred to the
Committee on Post Office and Civil Service
A BILL
To amend title 5, United States Code, to ensure that whistle-
blowers are protected from having to submit, without
just cause, to psychological or psychiatric evaluations
or counselling.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That section 2302(a)(2) of title 5, United States Code,
is amended—
(1) by striking ‘‘and’’ at the end of clause (ix);
(2) by adding ‘‘and’’ after the semicolon in
clause (x); and
(3) by adding after clause (x) the following:
HR 1039 IH
‘‘(xi) referral for psychiatric or psycho-
logical counselling or examination, and the
maintenance of records or reports referencing
such counselling or examination.’’.
Æ