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SECTION 1. SHORT TITLE.

This Act may be cited as the "Intelligence Authorization Act for Fiscal Year 1997".

TITLE I-INTELLIGENCE ACTIVITIES SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 1997 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:

(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.

(5) The Department of the Army, the Department of the Navy, and the Department of the Air Force.

(6) The Department of State.

(7) The Department of the Treasury.

(8) The Department of Energy.

(9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administration.

(11) The National Reconnaissance Office. (12) The Central Imagery Office.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.-The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 1997, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the Classified Schedule of Authorizations prepared to accompany the bill H.R. 3259 of the 104th Congress.

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.-The Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

(a) AUTHORITY FOR ADJUSTMENTS.-With the approval of the Director of the Office of Management and Budget, the Director of Central Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 1997 under section 102 when the Director of Central Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed two percent of the number of civilian personnel authorized under such section for such element.

(b) NOTICE TO INTELLIGENCE COMMITTEES.— The Director of Central Intelligence shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever he exercises the authority granted by this section. SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

(a) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated for the Intelligence Community Management Account of the Director of Central Intelligence for fiscal year 1997 the sum of $93,616,000. Within such amounts authorized, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for the Advanced Research and Development Committee shall remain available until September 30, 1998.

(b) AUTHORIZED PERSONNEL LEVELS.-The Community Management Staff of the Director of Central Intelligence is authorized 273 full-time personnel as of September 30, 1997. Such personnel of the Community Management Staff may be permanent employees of the Community Management Staff or personnel detailed from other elements of the United States Government.

(c) REIMBURSEMENT.-During fiscal year 1997, any officer or employee of the United States or a member of the Armed Forces who is detailed to the Community Management Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence.

(d) DECLASSIFICATION.-In addition to amounts otherwise authorized to be appropriated by this Act, there is authorized to be appropriated $12,500,000 for the National Foreign Intelligence Program for the purposes of carrying out the provisions of section 3.4 of Executive Order 12958, dated April 17, 1995.

(e) NATIONAL DRUG INTELLIGENCE CENTER.In addition to amounts otherwise authorized to be appropriated by this Act, there is authorized to be appropriated $32,076,000 for the National Drug Intelligence Center located in Johnstown, Pennsylvania. Amounts appropriated for such center may not be used in contravention of the provisions of section 103(d)(1) of the National Security Act of 1947 (50 U.S.C. 403-3(d)(1)). The National Drug Intelligence Center is authorized 35 full-time personnel as of September 30, 1997.

(f) ENVIRONMENTAL PROGRAMS.-In addition to amounts otherwise authorized to be appropriated by this Act, there is authorized to be appropriated $18,500,000 for the Environmental Intelligence and Applications Program, formerly known as the Environmental Task Force, to remain available until September 30, 1998.

TITLE II-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1997 the sum of $194,400,000.

TITLE III-GENERAL PROVISIONS SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW.

Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.

SEC. 303.

LIMITATION ON AVAILABILITY OF
FUNDS FOR AUTOMATIC DECLAS-
SIFICATION OF RECORDS OVER 25
YEARS OLD.

(a) AUTHORIZATION OF APPROPRIATIONS.— Section 307 of the Intelligence Authorization Act for Fiscal Year 1996 (109 Stat. 966) is amended by striking out "fiscal year 1996 by this Act" in subsection (a) and inserting in lieu thereof "any of the fiscal years 1996 through 2000".

(b) TRANSFERS.-The second sentence of section 307(a) of the Intelligence Authorization Act for Fiscal Year 1996 is amended to read as follows: "Within the amount authorized to be used by this section, the Director, consistent with his duty to protect intelligence sources and methods, may transfer such amounts to the agencies within the National Foreign Intelligence Program for the purpose of automatic declassification of records over 25 years old.".

SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES.

(a) EXTENSION.-Section 905 of the National Security Act of 1947 (50 U.S.C. 441d) is amended by striking out "on the date which is one year after the date of the enactment of this title" and inserting in lieu thereof "on January 6, 1998".

(b) FORMAT AMENDMENTS.-Section 904 of such Act (50 U.S.C. 441c) is amended by striking out "required to be imposed by" and all that follows and inserting in lieu thereof

"required to be imposed by any of the following provisions of law:

"(1) The Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (title III of Public Law 102-182).

"(2) The Nuclear Proliferation Prevention Act of 1994 (title VIII of Public Law 103–236). "(3) Section 11B of the Export Administration Act of 1979 (50 U.S.C. App. 2410b).

"(4) Chapter 7 of the Arms Export Control Act (22 U.S.C. 2797 et seq.).

"(5) The Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI of Public Law 102-484). "(6) The following provisions of annual appropriations Acts:

"(A) Section 573 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (Public Law 103-87; 107 Stat. 972).

"(B) Section 563 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 Stat. 1649).

"(C) Section 552 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 741).

"(7) Comparable provisions.". SEC. 305. EXPEDITED NATURALIZATION.

(a) IN GENERAL.-With the approval of the Director of Central Intelligence, the Attorney General, and the Commissioner of Immigration and Naturalization, an applicant described in subsection (b) and otherwise eligible for naturalization may be naturalized without regard to the residence and physical presence requirements of section 316(a) of the Immigration and Nationality Act, or to the prohibitions of section 313 of such Act, and no residence within a particular State or district of the Immigration and Naturalization Service in the United States shall be required: Provided, That the applicant has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least one year prior to naturalization: Provided further, That the provisions of this section shall not apply to any alien described in subparagraphs (A) through (D) of section 243(h)(2) of such Act. (b) ELIGIBLE APPLICANT.-An applicant eligible for naturalization under this section is the spouse or child of a deceased alien whose death resulted from the intentional and unauthorized disclosure of classified information regarding the alien's participation in the conduct of United States intelligence activities.

(c) ADMINISTRATION OF OATH.-An applicant for naturalization under this section may be administered the oath of allegiance under section 337(a) of the Immigration and Nationality Act by the Attorney General or any district court of the United States, without regard to the residence of the applicant. Proceedings under this subsection shall be conducted in a manner consistent with the protection of intelligence sources, methods, and activities.

(d) DEFINITIONS. For purposes of this section

(1) the term "child" means a child as defined in subparagraphs (A) through (E) of section 101(b)(1) of the Immigration and Nationality Act, without regard to age or marital status; and

(2) the term "spouse" means the wife or husband of a deceased alien referred to in subsection (b) who was married to such alien during the time the alien participated in the conduct of United States intelligence activities.

SEC. 306. SEEKING ENFORCEMENT OF THE REQUIREMENT TO PROTECT THE IDENTITIES OF UNDERCOVER INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND SOURCES.

It is the sense of the Congress that title VI of the National Security Act of 1947 (50

U.S.C. 421 et seq.) (relating to protection of the identities of undercover intelligence officers, agents, informants, and sources) should be enforced by the appropriate law enforcement agencies.

SEC. 307. COMPLIANCE WITH BUY AMERICAN АСТ.

No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the "Buy American Act").

SEC. 308. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.-In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products.

(b) NOTICE TO RECIPIENTS OF ASSISTANCE.— In providing financial assistance under this Act, the head of the appropriate element of the Intelligence Community shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress.

SEC. 309. PROHIBITION OF CONTRACTS.

If it has been finally determined by a court or Federal agency that any person intentionally affixed a fraudulent label bearing a "Made in America" inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that was not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.

SEC. 310.

RESTRICTIONS ON INTELLIGENCE
SHARING WITH THE UNITED NA-
TIONS.

(a) IN GENERAL.-The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end of title I the following new section: "RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED NATIONS

"SEC. 110. (a) PROVISION OF INTELLIGENCE INFORMATION TO THE UNITED NATIONS.-(1) No United States intelligence information may be provided to the United Nations or any organization affiliated with the United Nations, or to any officials or employees thereof, unless the President certifies to the appropriate committees of Congress that the Director of Central Intelligence, in consultation with the Secretary of State and the Secretary of Defense, has established and implemented procedures, and has worked with the United Nations to ensure implementation of procedures, for protecting from unauthorized disclosure United States intelligence sources and methods connected to such information.

"(2) Paragraph (1) may be waived upon written certification by the President to the appropriate committees of Congress that providing such information to the United Nations or an organization affiliated with the United Nations, or to any officials or employees thereof, is in the national security interests of the United States.

"(b) PERIODIC AND SPECIAL REPORTS.—(1) The President shall report semiannually to the appropriate committees of Congress on the types and volume of intelligence provided to the United Nations and the purposes for which it was provided during the period covered by the report. The President shall also report to the appropriate committees of

Congress within 15 days after it has become known to the United States Government that there has been an unauthorized disclosure of intelligence provided by the United States to the United Nations.

"(2) The requirement for periodic reports under the first sentence of paragraph (1) shall not apply to the provision of intelligence that is provided only to, and for the use of, appropriately cleared United States Government personnel serving with the United Nations.

"(c) DELEGATION OF DUTIES.-The President may not delegate or assign the duties of the President under this section.

"(d) RELATIONSHIP TO EXISTING LAW.— Nothing in this section shall be construed to

"(1) impair or otherwise affect the authority of the Director of Central Intelligence to protect intelligence sources and methods from unauthorized disclosure pursuant to section 103(c)(5); or

"(2) supersede or otherwise affect the provisions of title V.

"(e) DEFINITION.-As used in this section, the term 'appropriate committees of Congress' means the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and the Committee on Foreign Relations and the Permanent Select Committee on Intelligence of the House of Representatives.".

(b) CLERICAL AMENDMENT.-The table of contents for the National Security Act of 1947 is amended by inserting after the item relating to section 109 the following:

"Sec. 110. Restrictions on intelligence sharing with the United Nations.". SEC. 311. PROHIBITION ON USING JOURNALISTS AS AGENTS OR ASSETS.

(a) POLICY.-It is the policy of the United States that an element of the Intelligence Community may not use as an agent or asset for the purposes of collecting intelligence any individual who

(1) is authorized by contract or by the issuance of press credentials to represent himself or herself, either in the United States or abroad, as a correspondent of a United States news media organization; or

(2) is officially recognized by a foreign government as a representative of a United States media organization.

(b) WAIVER.-The President may waive subsection (a) in the case of an individual if the President certifies in writing that the waiver is necessary to address the overriding national security interest of the United States. The certification shall be made to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

(c) VOLUNTARY COOPERATION.-Subsection (a) shall not be construed to prohibit the voluntary cooperation of any person who is aware that the cooperation is being provided to an element of the United States Intelligence Community.

TITLE IV-CENTRAL INTELLIGENCE

AGENCY

SEC. 401. MULTIYEAR LEASING AUTHORITY.

Section 5(e) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f(e)) is amended to read as follows:

"(e) Subject to such amounts as may be provided in advance in appropriations Acts, make alterations, improvements, and repairs on premises rented by the Agency and, for the purpose of furthering the cost-efficient acquisition of Agency facilities, enter into multiyear leases for up to 15 years that are not otherwise authorized pursuant to section 8 of this Act; and".

SEC. 402. ELIMINATION OF DOUBLE SURCHARGE ON THE CENTRAL INTELLIGENCE AGENCY RELATING TO EMPLOYEES WHO RETIRE OR RESIGN IN FISCAL YEARS 1998 OR 1999 AND WHO RECEIVE VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

Section 2(i) of the Central Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403-4 note) is amended by adding at the end the following new sentence: "The remittance required by this subsection shall be in lieu of any remittance required by section 4(a) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).". SEC. 403. IMPLEMENTATION OF INTELLIGENCE COMMUNITY PERSONNEL REFORMS. None of the amounts authorized to be appropriated by this Act may be used to implement any Intelligence Community personnel reform until the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate are fully briefed on such personnel reform.

TITLE V-DEPARTMENT OF DEFENSE
INTELLIGENCE ACTIVITIES

SEC. 501. STANDARDIZATION FOR CERTAIN DE-
PARTMENT OF DEFENSE INTEL-
LIGENCE AGENCIES OF EXEMPTIONS
FROM DISCLOSURE OF ORGANIZA-
TIONAL AND PERSONNEL INFORMA-
TION.

(a) CONSOLIDATION AND STANDARDIZATION.— Chapter 21 of title 10, United States Code, is amended by striking out sections 424 and 425 and inserting in lieu thereof the following: "§ 424. Disclosure of organizational and personnel information: exemption for the Defense Intelligence Agency and National Reconnaissance Office

"(a) EXEMPTION FROM DISCLOSURE.-Except as required by the President or as provided in subsection (b), no provision of law shall be construed to require the disclosure of

"(1) the organization or any function of the Defense Intelligence Agency or the National Reconnaissance Office; or

"(2) the number of persons employed by or assigned or detailed to that Agency or Office or the name, official title, occupational series, grade, or salary of any such person.

"(b) PROVISION OF INFORMATION TO CONGRESS. Subsection (a) does not apply with respect to the provision of information to Congress.".

(b) CLERICAL AMENDMENT.-The table of sections at the beginning of subchapter I of such chapter is amended by striking out the items relating to sections 424 and 425 and inserting in lieu thereof the following:

"424. Disclosure of organizational and personnel information: exemption for the Defense Intelligence Agency and National Reconnaissance Office.".

SEC. 502. TIER III MINUS UNMANNED AERIAL VEHICLE.

In addition to the amounts authorized to be appropriated by title I, there is authorized to be appropriated an additional $22,000,000 for the tier III minus unmanned aerial vehicle. The Secretary of Defense may not obligate or expend any of these funds until after the Secretary submits to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a detailed cost analysis and report on specifically how these funds will be used.

TITLE VI-MISCELLANEOUS PROVISIONS SEC. 601. AUTHORIZATION OF FUNDING PROVIDED BY 1996 SUPPLEMENTAL APPROPRIATIONS ACT. Amounts obligated or expended for intelligence or intelligence-related activities based on and otherwise in accordance with

the appropriations provided by the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104-134), including any such obligations or expenditures occurring before the enactment of this Act, shall be deemed to have been specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) and are hereby ratified and confirmed.

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. HOBSON, announced that the yeas had it.

So the bill was 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. 162.18 CLERK TO CORRECT ENGROSSMENT On motion of Mr. COMBEST, by unanimous consent,

Ordered, That in the engrossment of the foregoing bill the Clerk be authorized make such technical and conforming changes as may be necessary to correct such things as spelling, punctuation, cross-referencing, and section numbering.

162.19 MESSAGE FROM THE PRESIDENT— COMMODITY CREDIT CORPORATION The SPEAKER pro tempore, Mr. HOBSON, laid before the House a message from the President, which read as follows:

To the Congress of the United States:

In accordance with the provisions of section 13, Public Law 806, 80th Congress (15 U.S.C. 714k), I transmit herewith the report of the Commodity Credit Corporation for fiscal year 1994. WILLIAM J. CLINTON.

THE WHITE HOUSE, May 22, 1996. By unanimous consent, the message, together with the accompanying papers, was referred to the Committee on Agriculture.

162.20 MESSAGE FROM THE PRESIDENT— NATIONAL SCIENCE FOUNDATION

The SPEAKER pro tempore, Mr. HOBSON, laid before the House a message from the President, which was read as follows:

To the Congress of the United States:

As required by the provisions of section 3(f) of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1862(f)), I transmit herewith the combined annual reports of the National Science Foundation for fiscal years 1994 and 1995.

WILLIAM J. CLINTON. THE WHITE HOUSE, May 22, 1996. By unanimous consent, the message, together with the accompanying papers, was referred to the Committee on Science.

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162.22

Sincerely,

SCOTT MCINNIS, Member of Congress.

PROVIDING FOR THE
CONSIDERATION OF H.R. 3448 AND
H.R. 1227

Mr. SOLOMON, by direction of the Committee on Rules, called up the following resolution (H. Res. 440):

Resolved, That upon the adoption of this resolution it shall be in order without intervention of any point of order (except those arising under section 425(a) of the Congressional Budget Act of 1974) to consider in the House the bill (H.R. 3448) to provide tax relief for small businesses, to protect jobs, to create opportunities, to increase the take home pay of workers, and for other purposes. The amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill shall be considered as read. All points of order against the committee amendment (except those arising under section 425(a) of the Congressional Budget Act of 1974) are waived. The bill and the amendment shall be debatable for one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means. The previous question shall be considered as ordered on the bill and the amendment to final passage without intervening motion except one motion to recommit with or without instructions. The yeas and nays shall be considered as ordered on the question of passage of the bill and on any conference report thereon. Clause 5(c) of rule XXI shall not apply to the bill, amendments thereto, or conference report thereon.

SEC. 2. After disposition of H.R. 3448 it shall be in order without intervention of any point of order (except those arising under section 425(a) of the Congressional Budget Act of 1974) to consider in the House the bill (H.R. 1227) to amend the Portal-to-Portal Act of 1947 relating to the payment of wages to employees who use employer owned vehicles. The amendment in the nature of a substitute recommended by the Committee on Economic and educational Opportunities now printed in the bill, modified by the amendment printed in section 3 of this resolution, shall be considered as adopted. The previous question shall be considered as ordered on the bill, as amended, and any further amendment thereto to final passage without intervening motion except: (1) ninety minutes of debate on the bill, which shall be equally divided and controlled by the chairman and ranking minority member of the Committee on Economic and Educational Opportunities; the further amendment printed in part 1 of the report of the Committee on Rules accompanying this resolution, which may be offered only by Representative Riggs of California or his designees, shall be in order without intervention of any point of order (except those arising under section 425(a) of the Congressional Budget Act of 1974), shall be considered as

read, shall be separately debatable for ninety minutes equally divided and controlled by the proponent and an opponent, and shall not be subject to a demand for division of the question; (3) the further amendment printed in part 2 of the report of the Committee on Rules accompanying this resolution, which may be offered only by Representative Goodling of Pennsylvania or his designee, shall be in order without intervention of any point of order (except those arising under section 425 (a) of the Congressional Budget Act of 1974), shall be considered as read, shall be separately debatable for one hour equally divided and controlled by the proponent and an opponent, and on which the question shall be divided between the proposed subsection 3(d) and the remainder of the proposed section 3(and shall not otherwise be subject to a demand for division of the question); and (4) one motion to recommit with or without instructions.

SEC. 3. The amendment in the nature of a substitute recommended by the Committee on Economic and Educational Opportunities now printed in H.R. 1227 is modified by the following amendment: Immediately after the enacting clause insert the following new section (and redesignate succeeding sections accordingly):

"SECTION 1. This Act may be cited as the 'Employee Commuting Flexibility Act of 1996'.".

SEC. 4. (a) In the engrossment of H.R. 3448, the Clerk shall

(1) await the disposition of H.R. 1227 pursuant to section 2 of this resolution;

(2) add the text of H.R. 1227, as passed by the House, as new matter at the end of H.R. 3448;

(3) conform the title of H.R. 3448 to reflect the addition of the text of H.R. 1227 to the engrossment;

(4) assign appropriate designations to titles within the engrossment; and

(5) conform provisions for short titles within the engrossment.

(b) Upon the addition of the text of H.R. 1227 to the engrossment of H.R. 3448, H.R. 1227 shall be laid on the table.

When said resolution was considered. After debate,

On motion of Mr. SOLOMON, the previous question was ordered on the resolution to its adoption or rejection.

The question being put, viva voce, Will the House agree to said resolution?

The SPEAKER pro tempore, Mr. HOBSON, announced that the nays had it.

Mr. SOLOMON objected to the vote on the ground that a quorum was not present and not voting.

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Yeas Nays

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162.23

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So the resolution was agreed to. A motion to reconsider the vote whereby said resolution was agreed to was, by unanimous consent, laid on the table.

162.24 PERMISSION TO FILE REPORT

On motion of Mrs. VUCANOVICH, by unanimous consent, the Committee on Appropriations was granted permission until midnight Thursday, May 23, 1996, to file a privileged report on a bill making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1997, and for other purposes. Pursuant to clause 8 of rule XXI, all points of order were reserved. ¶62.25 SMALL BUSINESS JOB PROTECTION

Mr. ARCHER, pursuant to House Resolution 440, called up the bill (H.R. 3448) to provide tax relief for small businesses, to protect jobs, to create opportunities, to increase the take home pay of workers, and for other purposes.

When said bill was considered and read twice.

After debate,

Pursuant to House Resolution 440, the previous question was ordered on the committee amendment in the nature of a substitute and the bill.

The following committee amendment in the nature of a substitute agreed to:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.-This Act may be cited as the "Small Business Job Protection Act of 1996'.

(b) TABLE OF CONTENTS.—
TITLE I-SMALL BUSINESS AND OTHER
TAX PROVISIONS

Sec. 1101. Amendment of 1986 Code.
Sec. 1102. Underpayments of estimated tax.
Subtitle A-Expensing; Etc.

Sec. 1111. Increase in expense treatment for small businesses.

Sec. 1112. Treatment of employee tips. Sec. 1113. Treatment of storage of product samples.

Sec. 1114. Treatment of certain charitable risk pools.

Sec. 1115. Treatment of dues paid to agricultural or horticultural organizations.

Sec. 1116. Clarification of employment tax status of certain fishermen; information reporting. Subtitle B-Extension of Certain Expiring Provisions

Sec. 1201. Work opportunity tax credit.
Sec. 1202. Employer-provided educational as-
sistance programs.
Sec. 1203. FUTA exemption for alien agricul-
tural workers.

Subtitle C-Provisions Relating to S
Corporations

Sec. 1301. S corporations permitted to have 75 shareholders.

Sec. 1302. Electing small business trusts. Sec. 1303. Expansion of post-death qualification for certain trusts. Sec. 1304. Financial institutions permitted to hold safe harbor debt. Sec. 1305. Rules relating to inadvertent terminations and invalid elections.

Sec. 1306. Agreement to terminate year. Sec. 1307. Expansion of post-termination transition period.

Sec. 1308. S corporations permitted to hold subsidiaries.

Sec. 1309. Treatment of distributions during loss years.

Sec. 1310. Treatment of S corporations under subchapter C.

Sec. 1311. Elimination of certain earnings and profits.

Sec. 1312. Carryover of disallowed losses and deductions under at-risk rules allowed.

Sec. 1313. Adjustments to basis of inherited S stock to reflect certain items of income.

Sec. 1314. S corporations eligible for rules. applicable to real property subdivided for sale by noncorporate taxpayers.

Sec. 1315. Effective date.

Subtitle D-Pension Simplification CHAPTER 1-SIMPLIFIED DISTRIBUTION RULES Sec. 1401. Repeal of 5-year income averaging for lump-sum distributions.

Sec. 1402. Repeal of $5,000 exclusion of employees' death benefits.

Sec. 1403. Simplified method for taxing annuity distributions under certain employer plans.

Sec. 1404. Required distributions.
CHAPTER 2 INCREASED ACCESS TO PENSION

PLANS

SUBCHAPTER A-SIMPLE SAVINGS PLANS

Sec. 1421. Establishment of savings incentive match plans for employees of small employers.

Sec. 1422. Extension of simple plan to 401(k) arrangements.

SUBCHAPTER B-OTHER PROVISIONS

Sec. 1426. Tax-exempt organizations eligible under section 401(k).

CHAPTER 3-NONDISCRIMINATION PROVISIONS Sec. 1431. Definition of highly compensated employees; repeal of family aggregation.

Sec. 1432. Modification of additional participation requirements.

Sec. 1433. Nondiscrimination rules for qualified cash or deferred arrangements and matching contributions.

Sec. 1434. Definition of compensation for section 415 purposes.

CHAPTER 4 MISCELLANEOUS PROVISIONS

Sec. 1441. Plans covering self-employed individuals.

Sec. 1442. Elimination of special vesting rule for multiemployer plans. Sec. 1443. Distributions under rural cooperative plans. Sec. 1444. Treatment of governmental plans under section 415.

Sec. 1445. Uniform retirement age. Sec. 1446. Contributions on behalf of disabled employees.

Sec. 1447. Treatment of deferred compensation plans of State and local governments and tax-exempt organizations.

Sec. 1448. Trust requirement for deferred compensation plans of State and local governments.

Sec. 1449. Transition rule for computing maximum benefits under section 415 limitations.

Sec. 1450. Modifications of section 403(b). Sec. 1451. Waiver of minimum period for joint and survivor annuity explanation before annuity starting date.

Sec. 1452. Repeal of limitation in case of defined benefit plan and defined contribution plan for same employee; excess distributions. Sec. 1453. Tax on prohibited transactions. Sec. 1454. Treatment of leased employees. Sec. 1455. Uniform penalty provisions to apply to certain pension reporting requirements.

Sec. 1456. Retirement benefits of ministers not subject to tax on net earnings from self-employment.

Sec. 1457. Date for adoption of plan amendments.

Subtitle E-Foreign Simplification Sec. 1501. Repeal of inclusion of certain earnings invested in excess passive assets.

Subtitle F-Revenue Offsets

Sec. 1601. Termination of Puerto Rico and possession tax credit. Sec. 1602. Repeal of exclusion for interest on loans used to acquire employer securities.

Sec. 1603. Certain amounts derived from foreign corporations treated as unrelated business taxable income.

Sec. 1604. Depreciation under income forecast method.

Sec. 1605. Repeal of exclusion for punitive damages and for damages not attributable to physical injuries or sickness.

Sec. 1606. Repeal of diesel fuel tax rebate to
purchasers of diesel-powered
automobiles and light trucks.
Subtitle G-Technical Corrections
Sec. 1701. Coordination with other subtitles.
Sec. 1702. Amendments related to Revenue
Reconciliation Act of 1990.
Sec. 1703. Amendments related to Revenue
Reconciliation Act of 1993.
Sec. 1704. Miscellaneous provisions.

TITLE II-PAYMENT OF WAGES
Section 1. Short title.

Sec. 2. Proper compensation for use of employer vehicles.

Sec. 3. Effective date.

Sec. 4. Minimum wage increase.

Sec. 5. Fair Labor Standards Act Amendments.

TITLE I-SMALL BUSINESS AND OTHER TAX PROVISIONS

SEC. 1101. AMENDMENT OF 1986 CODE.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision,

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