SUBMISSION OF CONFERENCE REPORT-H.R. 2707

(2) differential decisions made by the institution on applications for loans or depository services submitted by applicants defined in subsection (b), which decisions appear to be based on criteria not allowed under the Fair Housing Act and the Equal Credit Opportunity Act.

(e) IMPLEMENTATION.

(1) IN GENERAL.-Each Federal bankng agency shall, after notice and an opportunity for public comment, prescribe final regulations under subsection (a) not later than 180 days after enactment of this Act. Such regulations shall take effect not later than 270 days after the date of enactment

(2) GENERAL ENFORCEMENT EXAMINATION PROCEDURES.-Such regulations shall require that fair lending testing procedures be integrated into general enforcement examination procedures, and specify the frequency which such procedures will be utilized.

(3) PATTERNS OF DISCRIMINATION.-Such regulations shall also require that fair lending testing procedures be utilized as soon as practicable in an institution which the appropriate Federal banking agency determines to demonstrate patterns of discrimination as established by the agency pursuant to section 242.

It was decided in the negative

When Mr. CARR, Chairman, reported that the Committee, having had under consideration said bill, had come to no resolution thereon.

1135.13 ADJOURNMENT OVER

On motion of Mr. GONZALEZ, by unanimous consent,

Ordered, That when the House adjourns today, it adjourn to meet on Monday, November 4, 1991.

1135.14 CALENDAR WEDNESDAY BUSINESS

DISPENSED WITH

On motion of Mr. GONZALEZ, by unanimous consent,

Ordered, That business in order for consideration on Wednesday, November 6, 1991, under clause 7, rule XXIV, the Calendar Wednesday rule, be dispensed with.

Lightfoot

Cunningham

Lipinski

Livingston

Lloyd

Schaefer Schiff Schulze

1135.15

Yeas ....... 152 Nays Answered present

Shuster Skaggs Skeen

241

McCandless

Edwards (OK)

McCloskey

Slattery Smith (IA) Smith (NJ) Smith (OR) Smith (TX) Snowe Solomon

Stenholm
Stump
Sundquist
Swett
Swift

Tauzin

Taylor (MS) Taylor (NC) Thomas (CA) Thomas (GA) Thomas (WY) Thornton Unsoeld Valentine Vander Jagt Volkmer Vucanovich Weber

Young (AK) Young (FL) Zeliff Zimmer

ANSWERED "PRESENT”—1

Cooper

Schumer

Guarini

Sensenbrenner

Hall (OH)

Collins (IL)

Collins (MI)

Condit

Conyers

Jontz

Hall (TX) Hamilton

Kasich

Sikorski

Kennedy

Sisisky

Hancock

Whitten

Wilson

Wise

DeLauro

Lantos

Wolf

Wylie

Torres

Torricelli

Towns

Hoagland Hobson Holloway

Peterson (FL) Peterson (MN) Pickett

Porter

Traficant

McDermott

Upton

Vento

Washington

Boxer

Brooks

Brown

Bryant

Bustamante

Campbell (CO)

Dymally

NOT VOTING 39

Ireland

Johnson (TX) Johnston Kaptur

Levine (CA)

Marlenee

Mavroules

McCollum

McCurdy Michel

Miller (WA)
Mineta
Murtha
Neal (NC)
Oberstar
Pelosi
Ros-Lehtinen
Rowland
Sangmeister
Savage

Slaughter (VA)

Tanner

Traxler

So the amendments en bloc were not agreed to.

After some further time,

The SPEAKER pro tempore, Mr. DURBIN, assumed the Chair.

LOCAL EDUCATION AGENCIES
PRELIMINARY PAYMENTS

On motion of Mr. KILDEE, by unanimous consent, the bill of the Senate (S. 1848) to restore the authority of the Secretary of Education to make certain preliminary payments to local educational agencies, and for other purposes; was taken from the Speaker's table.

When said bill was considered, read twice, ordered to be read a third time, was read a third time by title, and passed.

A motion to reconsider the vote whereby said bill was passed was, by unanimous consent, laid on the table.

Ordered, That the Clerk notify the Senate thereof.

1135.17 FURTHER MESSAGE FROM THE

SENATE

A further message from the Senate by Mr. Hallen, one of its clerks, announced that the Senate receded from its amendment to the amendment of the House to the amendment of the Senate numbered 175 to the bill (H.R. 2686) making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1992, and for other purposes. The message also announced that the Senate agreed to the amendment of the House to the amendment of the Senate numbered 175, to the above-entitled bill. 1135.18

SENATE JOINT RESOLUTION

REFERRED

A joint resolution of the Senate of the following title was taken from the Speaker's table and, under the rule, referred as follows:

H.R. 3696. A bill to amend the Public Health Service Act to provide for assessments in each State of the incidence and prevalence of substance abuse and of the extent to which the availability, from public and nonprofit private providers, of treatment for such abuse is insufficient to meet the need for such treatment, and for other purposes; to the Committee on Energy and Commerce.

By Mr. ROSTENKOWSKI (for himself and Mr. DoWNEY):

H.R. 3697. A bill to provide a program of emergency unemployment compensation, and for other purposes; jointly, to the Committees on Ways and Means and Energy and Commerce.

By Mr. WAXMAN:

H.R. 3698. A bill to amend the Public Health Service Act with respect to services for mental health and substance abuse, including establishing separate block grants to enhance the delivery of such services; to the Committee on Energy and Commerce.

By Mr. AUCOIN:

H.R. 3699. A bill directing the President to instruct the Attorney General to apply for the appointment of an independent counsel with respect to civil and criminal violations of law relating to savings associations; to the Committee on the Judiciary.

By Mr. MACHTLEY (for himself, Mr. FRANK of Massachusetts, Mr. STUDDS, Mr. REED, and Mr. ATKINS): H.R. 3700. A bill authorizing the designation of Portugal under the visa waiver program under certain conditions; to the Committee on the Judiciary.

By Mr. RITTER (for himself, Mr.
OXLEY and Mr. MOORHEAD):

H.R. 3701. A bill to aid in the establishment of an advanced telecommunications infrastructure fund and to stimulate the deployment of advanced telecommunications technologies, and for other purposes; to the Committee on Energy and Commerce. 1135.23

MEMORIALS

Under clause 4 of rule XXII,

312. The SPEAKER presented a memorial of the Senate of the Commonwealth of Pennsylvania, relative to three Pennsylvania Veterans Administration hospitals; which was referred to the Committee on Veterans' Affairs.

¶135.24 ADDITIONAL SPONSORS

Under clause 4 of rule XXII, sponsors were added to public bills and resolutions as follows:

H.R. 23: Mr. FLAKE.

H.R. 53: Mr. Cox of Illinois and Mr. RIGGS. H.R. 75: Mr. HANSEN.

H.R. 118: Mr. MURPHY, Mr. CHANDLER, and Mr. IRELAND.

H.R. 187: Mr. JOHNSTON of Florida, Mr. LEHMAN of Florida, Mrs. UNSOELD, and Mr. TOWNS.

H.R. 252: Mr. EDWARDS of Oklahoma. H.R. 381: Mr. STARK, Mr. SANDERS, Mr. FIELDS, and Mr. LEWIS of Georgia.

H.R. 382: Mr. OWENS of New York, Mr. MAZZOLI, and Mr. SOLARZ.

H.R. 413: Mr. SAWYER, Mr. VOLKMER, Mr. IRELAND, Mr. LOWERY of California, Mr. Cox of California, Mr. OLIN, and Mr. BROOKS.

H.R. 565: Mr. YOUNG of Alaska, Mr. LAGOMARSINO, Mr. WOLF, Mr. SANGMEISTER, Mr. OXLEY, and Mr. LOWERY of California. H.R. 643: Mr. MCGRATH. H.R. 673: Mr. TRAFICANT. H.R. 676: Mr. BATEMAN.

H.R. 747: Mr. WYLIE, Mr. RINALDO, and Mr. DUNCAN.

H.R. 1115: Mr. STUMP, Mr. ZELIFF, Mr. COMBEST, Mr. RHODES, and Mr. Cox of California.

H.R. 1145: Mr. BERMAN, Mr. BILBRAY, Mr. WAXMAN, Mr. SCHEUER, Ms. HORN, Mr. GONZALEZ, Mr. GEREN of Texas, Mr. SANDERS, Ms. MCCLOSKEY, Mr. PALLONE, Mr. KILDEE, MS. DELAURO, Mr. LEHMAN of Florida, Mr. MARTINEZ, Mr. CLAY, MS. KAPTUR, and Mr. KLECZKA.

H.R. 1154: Mr. OLVER, Mr. DEFAZIO, Mr. LANCASTER, and Mr. MARKEY.

H.R. 1184: Mr. LEWIS of Florida and Mr. MORRISON.

H.R. 1195: Mr. MACHTLEY.

H.R. 1202: Mr. SMITH of New Jersey, Mr. EDWARDS of California, Mr. DEFAZIO, Mrs. KENNELLY, Mr. ENGEL, Mr. TRAXLER, Mr. ANDREWS of Maine, Mr. CAMPBELL of Colorado, Mr. SPRATT, and Mrs. MORELLA.

H.R. 1234: Mr. BOUCHER.

H.R. 1277: Mr. CONDIT, Mr. KENNEDY, Mr. CHANDLER, Mr. ENGEL, Mr. DWYER of New Jersey, Mr. EWING, and Mr. ORTON.

H.R. 1300: Mr. FORD of Tennessee and Mr. FALEOMAVAEGA.

H.R. 1348: Mr. GAYDOS, Ms. KAPTUR, Mr. YOUNG of Florida, Mr. BROWN, and Mr. RIGGS. H.R. 1421: Mr. DUNCAN, Mr. PORTER, Mr. COSTELLO, Mr. CAMP, and Mr. ARMEY.

H.R. 1570: Mr. CONDIT, Mrs. JOHNSON of Connecticut, Mr. SIKORSKI, Mr. WYLIE, Mr. COYNE, and Mr. SHAW.

H.R. 1601: Mr. JOHNSTON of Florida and Mr. JACOBS.

H.R. 1992: Mr. JENKINS and Mr. SISISKY. H.R. 2210: Mr. LEWIS of Georgia, Mr. BROOKS, Mr. SCHUMER, and Mr. LAFALCE. H.R. 2264: Mr. Cox of California. H.R. 2385: Mr. CHANDLER. H.R. 2448: Mr. PORTER.

H.R. 2908: Mr. KLECZKA.

H.R. 2929: Mr. WAXMAN, Mr. WEISS, Mr. SHAYS, Mr. HOAGLAND, Mr. ANDREWS of Texas, Mr. FEIGHAN, Mr. PAYNE of New Jersey, Mrs. LOWEY of New York, and Mr. PEASE.

H.R. 2936: Mr. MORRISON, Mrs. MORELLA, Mr. ROEMER, and Mr. ROHRABACHER.

H.R. 3011: Mr. RITTER and Mr. OWENS of Utah.

H.R. 3112: Mr. BUSTAMANTE, Mr. SPRATT, Mr. TORRES, Mr. HUGHES, Mr. BLAZ, Mr. FALEOMAVAEGA, and Mr. KOSTMAYER.

H.R. 3221: Mr. RHODES, Mr. MATSUI, Mr. CHANDLER, Mr. GALLEGLY, Mr. LIGHTFOOT, Mr. SHAYS, Mr. OXLEY, Mr. LEWIS of Florida, Mr. CUNNINGHAM, Mr. GILLMOR, Mr. ROGERS, Mr. JONES of North Carolina, Mr. NUSSLE, Mrs. BYRON, Mrs. ROUKEMA, Mr. PETERSON of Florida, Mr. WELDON, Mr. BROOMFIELD, Mr. Cox of California, Mr. BREWSTER, Mr. DELAY, Mr. RINALDO, Mr. DUNCAN, Mr. FIELDS, Mr. STENHOLM, Mr. TOWNS, and Mr. HATCHER.

H.R. 3296: Mrs. MEYERS of Kansas, Mr. VISCLOSKY, Mr. SCHIFF, Mr. KYL, Mr. MAVROULES, Mr. JEFFERSON, Mr. Cox of California, Mr. FROST, MS. KAPTUR, Mr. DANNEMEYER, Mr. KOSTMAYER, Mr. WAXMAN, and Mr. FISH.

H.R. 3299: Mr. CLAY, Mr. DWYER of New Jersey, Mr. DoWNEY, Mr. FISH, Mr. FUSTER, Mr. HORTON, Mr. KANJORSKI, Mrs. LOWEY of New York, Mr. MANTON, Mr. PALLONE, Mr. SCHEUER, Mr. TOWNS, and Mr. WELDON.

H.R. 3311: Mr. FALEOMAVAEGA and Mr. PETERSON of Florida.

H.R. 3380: Mr. RAY, Mr. MARLENEE, Mr. SMITH of Florida, Mr. PAYNE of Virginia, Mr. STAGGERS, Mr. CHAPMAN, Mr. NICHOLS, and Mr. OBERSTAR.

H.R. 3393: Mr. KOPETSKI, MS. NORTON, and Mr. FRANK of Massachusetts.

H.R. 3412: Mr. CARPER, Mr. KOSTMAYER, Mr. SMITH of New Jersey, and Mr. GILCHREST. H.R. 3413: Mr. SANDERS, Mr. JONTZ, Ms. NORTON, Mr. KOLTER, and MS. KAPTUR. H.R. 3432: Mr. SANDERS.

H.R. 3444: Mr. DELLUMS, MS. NORTON, Mr. TOWNS, and Mr. RAHALL.

H.R. 3454: Mr. GLICKMAN, Mr. COLEMAN of Missouri, Mr. HAMMERSCHMIDT, Mr. HERGER, Mr. ALLARD, and Mr. BARRETT.

H.R. 3462: Mr. PETERSON of Florida, Mrs. BYRON, Mr. FORD of Tennessee, Mr. JOHNSON of South Dakota, Mr. LANCASTER, and Mr. JONES of Georgia.

H.R. 3506: Mr. SCHIFF, Mr. TOWNS, and Mr. FROST.

H.R. 3553: Mr. PETERSON of Florida.

H.R. 3555: Mr. STARK, Mr. GOODLING, Mr. MILLER of Washington, Mr. ATKINS, Mr. COLEMAN of Texas, Mr. ZIMMER, Mr. PETERSON of Florida, and Mr. BROWN.

H.R. 3619: Mr. FASCELL, Ms. ROS-LEHTINEN, Mr. RAY, Mr. GINGRICH, Mr. LEHMAN of Florida, Mr. Goss, Mr. BACCHUS, Mr. GIBBONS, Mr. SCHIFF, Mr. HYDE, Mr. SMITH of Florida, and Mr. YOUNG of Florida.

H.R. 3645: Mr. RITTER.
H.R. 3653: Mr. WILSON.

H.R. 3678: Mr. KYL and Mr. WEBER.
H.J. Res. 21: Mr. MACHTLEY.

H.J. Res. 28: Mr. DYMALLY and Mr. KOLTER.
H.J. Res. 152: Mr. VANDER JAGT.

H.J. Res. 198: Mr. DANNEMEYER, Mr. HUTTO, Mr. OBEY, Mr. BOEHLERT, Mr. CALLAHAN, Mr. FRANKS of Connecticut, Mr. GALLEGLY, Mr. GALLO, Mr. GRADISON, Mr. GREEN of New York, Mr. HANSEN, Mr. HENRY, Mr. HYDE, Mr. LIGHTFOOT, Mr. RITTER, Mr. ROTH, Mr. SAXTON, Mr. SCHAEFER, Mr. SCHIFF, Mr. SHAW, Mr. SOLOMON, Mr. THOMAS of Wyoming, Mr. THOMAS of California, Mr. WYLIE, Mr. DELLUMS, Mr. DINGELL, Mr. MCHUGH, Mr. NEAL of North Carolina, Mr. SMITH of Iowa, and Mr. TAUZIN.

H.J. Res. 201: Mr. LENT, Mr. COLEMAN of Texas, Mr. MILLER of California, Mr. LEACH, Mr. PAYNE of Virginia, Mr. KASICH, Mr. STENHOLM, Mr. ANDERSON, Mr. BUSTAMANTE, Mr. DIXON, Mr. DORNAN of California, Mr. WALSH, Mr. PARKER, Mr. WYDEN, Mr. HAYES of Louisiana, Mr. YOUNG of Alaska, Mr. RITTER, Mr. PASTOR, Mr. GORDON, Mr. HUBBARD, Mr. PETERSON of Florida, Mr. CARPER, Mr. GALLO, Mr. DORGAN of North Dakota, Mr. SoLARZ, Mr. BILIRAKIS, Mr. BOEHNER, Mr. HUCKABY, Mrs. MORELLA, Mr. CRAMER, Mr. THOMAS of California, Mr. THOMAS of Wyoming, Mr. SABO, MS. PELOSI, Mr. NEAL of Massachusetts, Mrs. BOXER, Mr. FAZIO, Mr. STAGGERS, Mr. ANDREWS of Maine, and Mr. BOR

SKI, Mr. STARK, Mr. BREWSTER, Mr. SCHEUER, Mr. HOYER, Mr. ECKART, Mr. SYNAR, and Mr. DELLUMS.

H.J. Res. 212: Ms. SNOWE, Mr. CRAMER, Mr. BROWN, MS. LONG, Mr. RINALDO, Mr. STUDDS, Mr. TANNER, Mr. TAUZIN, Mr. WISE, Mr. SLATTERY, and Mr. SAWYER.

H.J. Res. 242: Mr. BALLENGER.

H.J. Res. 316: Mr. MANTON, Mr. LEVIN of Michigan, and Mr. SMITH of Florida.

H.J. Res. 326: Mr. THOMAS of California, Mr. PACKARD, Mr. BALLENGER, Mr. BUSTAMANTE, Mr. ESPY, Ms. KAPTUR, Mr. KOLTER, Mr. LEHMAN of California, Mr. LEVIN of Michigan, Mr. MANTON, Mr. MARTINEZ, Mr. ROE, Mr. SPRATT, Mr. TAYLOR of Mississippi, Mr. GINGRICH, Mr. HUCKABY, and Mr. FAWELL.

H.J. Res. 328: Mr. OWENS of Utah, Mr. MORAN, Mr. SMITH of Florida, Mr. JOHNSON of South Dakota, Mr. ABERCROMBIE, Mr. LAFALCE, Mr. WELDON, Ms. SLAUGHTER of New York, Mr. WAXMAN, Mrs. BOXER, and Mr. CAMPBELL of California.

H.J. Res. 349: Mr. HORTON, Mr. CLINGER, Mr. CLEMENT, Mrs. BENTLEY, Mr. RAMSTAD, Mr. LIPINSKI, Mr. PAYNE of New Jersey, Mr. DOOLITTLE, Mrs. JOHNSON of Connecticut, Mr. GUARINI, Mr. WALSH, Mr. DAVIS, Mr. OWENS of Utah, Mr. JEFFERSON, Mr. PAYNE of Virginia, Mr. FALEOMAVAEGA, MS. LONG, Mr. HAMMERSCHMIDT, Mr. TOWNS, Mr. VANDER JAGT, Mr. BENNETT, Mr. MCEWEN, Mr. DICKS, Mr. ESPY, Mr. DANNEMEYER, Mr. MURPHY, Mr. OWENS of New York, Mr. ROE, Mr. TRAFICANT, Mr. STAGGERS, Mr. VOLKMER, Mr. EMERSON, Mr. PETERSON of Florida, and Mr. MARTINEZ.

H.J. Res. 362: Mr. KOPETSKI, Mr. HASTERT, Mr. PURSELL, Mr. RAMSTAD, Mr. STUDDS, Mr. ANDERSON, Mr. WYDEN, Mr. SHAW, Mr. CLEMENT, Mr. WALSH, MS. WATERS, Mr. DWYER of New Jersey, Mr. EMERSON, Mr. LANCASTER, Mr. POSHARD, Mr. RIGGS, and Mr. BACCHUS.

H. Con. Res. 188: Mr. BEREUTER, Mr. FEIGHAN, and Mrs. MEYERS of Kansas.

H. Con. Res. 221: Mr. DELLUMS, Mr. HORTON, Mr. PENNY, Mr. RITTER, Mr. MATSUI, Mr. ANDREWS of Maine, Mr. SKAGGS, Mr. OWENS of Utah, Mr. SCHIFF, Mr. RAVENEL, Mrs. MEYERS of Kansas, Mr. SAWYER, Mrs. UNSOELD, Mr. TOWNS, Mr. FALEOMAVAEGA, MS. NORTON, Mr. RANGEL, Mr. FEIGHAN, Mr. LEHMAN of Florida, Mr. BILBRAY, Mr. WASHINGTON, Mr. TORRES, Mr. DWYER of New Jersey, Mr. EDWARDS of California, and Mr. SCHEUER.

H. Con. Res. 222: Mr. BERMAN.

H. Con. Res. 223: Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. ANNUNZIO, Mr. CARR, Mr. CUNNINGHAM, Mr. DORNAN of California, Mr. FRANK of Massachusetts, Mr. FROST, Mr. KOSTMAYER, Mr. LAGOMARSINO, Mr. LEHMAN of Florida, Mr. LENT, Mr. LEVIN of Michigan, Mr. NCNULTY, Mr. MATSUI, Mr. OWENS of Utah, Mr. SCHEUER, Mr. SCHIFF, Mr. SCHUMER, and Mr. SMITH of Florida.

H. Con. Res. 225: Mr. SHAYS, Mr. BALLENGER, Mr. LEWIS of Florida, Mr. PETRI, Mr. BENNETT, Mr. RIGGS, Mrs. LLOYD, Mr. LIVINGSTON, Mr. WALSH, Mr. LAGOMARSINO, and Mr. HANCOCK.

H. Res. 26: Mr. BILIRAKIS, MS. SNOWE, Mr. STUMP, Mr. KLUG, Mr. LEWIS of Florida, Mr. SMITH of Texas, and Mr. BROWN.

H. Res. 207: Mr. KOSTMAYER.

H. Res. 233: Mr. FAWELL, Mr. JACOBS, and Mr. WALSH.

MONDAY, NOVEMBER 4, 1991 (136) 1136.1 DESIGNATION OF SPEAKER PRO

TEMPORE

The House was called to order by the SPEAKER pro tempore, Mr. DERRICK, who laid before the House the following communication:

WASHINGTON, DC, November 1, 1991.

I hereby designate the Honorable BUTLER DERRICK to act as Speaker pro tempore on Monday, November 4, 1991.

THOMAS S. FOLEY, Speaker of the House of Representatives. 1136.2 APPROVAL OF THE JOURNAL

The SPEAKER pro tempore, Mr. DERRICK, announced he had examined and approved the Journal of the proceedings of Friday, November 1, 1991. Pursuant to clause 1, rule I, the Journal was approved.

1136.3 COMMUNICATIONS

Executive and other communications, pursuant to clause 2, rule XXIV, were referred as follows:

2298. A letter from the Comptroller General, the General Accounting Office, transmitting the status of budget authority that was proposed for rescission by the President in his sixth special impoundment message for fiscal year 1991, dated July 24, 1991, pursuant to 2 U.S.C. 685 (H. Doc. No. 102-159); to the Committee on Appropriations and ordered to be printed.

2299. A letter from the Secretary, Housing and Urban Development, transmitting the final report describing the strategy and action plan developed to assist in the disposition of foreclosed properties in the stock of the Department, pursuant to Public Law 101625, section 338(a) (104 Stat. 4146); to the Committee on Banking, Finance and Urban Affairs.

2300. A letter from the Secretary of Housing and Urban Development, transmitting the eighth annual report on rental rehabilitation for fiscal year 1991, pursuant to 42 U.S.C. 14370(n); to the Committee on Banking, Finance and Urban Affairs.

2301. A letter from the Comptroller General, General Accounting Office, transmitting the list of all reports issued or released in September 1991, pursuant to 31 U.S.C. 719(h); to the Committee on Government Operations.

2302. A letter from the Chairman, Nuclear Regulatory Commission, transmitting the report on the nondisclosure of safeguards information for the quarter ending September 31, 1991, pursuant to 42 U.S.C. 2167(e); to the Committee on Energy and Commerce and Interior and Insular Affairs.

1136.4 MESSAGE FROM THE SENATE

A message from the Senate by Mr. Hallen, one of its clerks, announced that the Senate had passed without amendment joint resolutions of the House of the following titles:

H.J. Res. 140. Joint resolution designating November 19, 1991, as "National Philanthropy Day";

H.J. Res. 175. Joint resolution to designate the weeks beginning December 1, 1991, and November 29, 1992, as "National Home Care Week";

H.J. Res. 177. Joint resolution to designate November 16, 1991, as "Dutch-American Heritage Day"; and

H.J. Res. 280. Joint resolution to designate the week beginning November 10, 1991, as "Hire a Veteran Week".

The message also announced that the Senate had passed joint resolutions of the following titles, in which the concurrence of the House is requested:

S.J. Res. 61. Joint resolution to designate June 1, 1992, as "Kentucky Bicentennial Day";

S.J. Res. 81. Joint resolution to designate the periods commencing on December 1, 1991, and ending on December 7, 1991, and commencing on November 29, 1992, and ending on December 5, 1992, as "National Home Care Week";

S.J. Res. 96. Joint resolution to designate November 19, 1991, as "National Philanthropy Day";

S.J. Res. 145. Joint resolution designating the week beginning November 10, 1991, as "National Women Veterans Veterans Recognition Week";

S.J. Res. 157. Joint resolution to designate the week beginning November 10, 1991, as "Hire a Veteran Week";

S.J. Res. 164. Joint resolution designating the weeks of December 8, 1991, through December 14, 1991, and October 11, 1992, through October 17, 1992, each separately as "National Job Skills Week";

S.J. Res. 174. Joint resolution designating the month of May 1992, as "National Amyotrophic Lateral Sclerosis Awareness Month";

S.J. Res. 176. Joint resolution to designate March 19, 1992, as "National Women in Agriculture Day";

S.J. Res. 180. Joint resolution designating December 1 through 7, 1991, as "Geography Awareness Week";

S.J. Res. 188. Joint resolution designating November 1991 as "National Red Ribbon Month";

S.J. Res. 197. Joint resolution acknowledging the sacrifices that military families have made on behalf of the Nation and designating November 25, 1991, as "National Military Families Recognition Day";

S.J. Res. 206. Joint resolution to designate November 16, 1991, as "Dutch-American Heritage Day"; and

S.J. Res. 217. Joint resolution to authorize and request the President to proclaim 1992 as the "Year of the American Indian". 1136.5 ENROLLED BILLS AND JOINT

RESOLUTIONS SIGNED

The SPEAKER pro tempore, Mr. DERRICK, announced that pursuant to clause 4, rule I, the Speaker signed the following enrolled bills and joint resolutions on Friday, November 1, 1991:

H.R. 1046. An Act to amend title 38, United States Code, to increase, effective as of December 1, 1991, the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of such veterans;

H.R. 2686. An Act making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1991, and for other purposes;

H.J. Res. 281. Joint resolution approving the extension of nondiscriminatory treatment with respect to the products of the Mongolian People's Republic; and

H.J. Res. 282. Joint resolution approving the extension of nondiscriminatory treatment with respect to the products of the People's Republic of Bulgaria.

1136.6 BANKING REFORM

The SPEAKER pro tempore, Mr. DERRICK, pursuant to House Resolution 264 and rule XXIII, declared the House resolved into the Committee of the Whole House on the state of the Union for the further consideration of the bill (H.R. 6) to reform the deposit

insurance system to enforce the congressionally established limits on the amounts of deposit insurance, and for other purposes.

Mr. CARR, Chairman, resumed the chair; and after some time spent therein,

1136.7 RECORDED VOTE

A recorded vote by electronic device was ordered in the Committee of the Whole on the following amendment, as modified, submitted by Mr. VENTO:

Page 185, beginning on line 12, strike sections 301, 302, 303, 304, 305, and 306 and insert the following new sections (and redesignate the succeeding section and conform the table of contents accordingly):

SEC. 301. NATIONWIDE BANKING.

(a) INTERSTATE ACQUISITIONS.-Section 3(d) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842(d)) is amended to read as follows: “(d) INTERSTATE ACQUISITIONS AND BRANCHING.

"(1) IN GENERAL.-Subject to paragraph (4), the Board may approve an application under this section by a bank holding company or foreign bank to acquire, directly or indirectly, any voting shares of, interest in or all or substantially all of the assets of any additional insured depository institution or bank holding company located in any State.

"(2) STATE LAW.-Subject to paragraph (4), any acquisition described in paragraph (1) that has been approved under this section may be consummated notwithstanding any State law that would prohibit or otherwise limit such acquisition on the basis of—

"(A) the location or size of the acquiring company, foreign bank, or subsidiary of such company or foreign bank;

"(B) the number of insured depository institution subsidiaries of such company or foreign bank; or

"(C) any other factor that, directly or indirectly has the effect of prohibition or limiting the acquisition of shares or control of an insured depository institution or bank holding company located in that State by an outof-State bank holding company or foreign bank if such factor is not applied with similar effect bank if such factor is not applied with similar effect in the case of acquisitions of insured depository institutions or bank holding companies located in such State by bank holding companies located in the State.

"(3) CONCENTRATION LIMITS.-The Board may not approve an application under paragraph (1) if

"(A) the applicant controls, or upon completion of the acquisition would control, more than 10 percent of the insured depository institutions deposits of the United States, as determined under regulations of the Board; or

"(B) the applicant controls, or upon completion of the acquisition would control, 30 percent or more of the insured depository institution deposits in the State in which the bank to be acquired is located, as determined under regulations of the Board, except that a State may waive the applicability of this subparagraph.

Nothing in this paragraph affects the applicability of Federal antitrust laws or of State antitrust laws that do not discriminate against out-of-State bank holding companies.

"(4) LIMITATIONS ON CONSOLIDATIONS.—

"(A) IN GENERAL.-Except as provided in subparagraph (B), any insured depository institution acquired after the date of the enactment of the Financial Institutions Safety and Consumer Choice Act of 1991 pursuant to paragraph (1) may not be a party to any

transaction under subsection (h) before the end of the 3-year period beginning on such date of enactment.

"(B) PROVISION APPLICABLE TO CERTAIN INSTITUTIONS.-Subparagraph (A) shall not apply with respect to any insured depository institution the acquisition of which occurs after the date of the enactment of the Financial Institutions Safety and Consumer Choice Act of 1991 pursuant to an application or notice filed before such date with any appropriate Federal banking agency or State bank supervisor.

"(5) EXCEPTION.-Notwithstanding the previous paragraphs, any provision of State law in existence on the date of enactment of the Financial Institutions Safety and Consumer Choice Act of 1991, or enacted thereafter, which restricts entry to the acquisition of existing banks shall apply, except that a State law which requires that that bank must have been in existence longer than 5 years shall not apply unless such a law is in effect on such date of enactment.".

(b) EFFECTIVE DATE.-The amendment made by this section shall take effect at the end of the 18-month period beginning on the date of the enactment of this Act.

SEC. 302. INTERSTATE BRANCHING BY NATIONAL BANKS

Section 5155 of the Revised Statutes (12 U.S.C. 36) is amended

(1) by by redesignating subsections (d) through (h) as subsections (e) through (i) respectively; and

(2) by inserting after subsection (c) the following:

"(d) INTERSTATE BRANCHING BY NATIONAL BANKS.

"(1) IN GENERAL

"(A) APPROVALS AUTHORIZED.-Beginning 3 years after the date of enactment of the Financial Institutions Safety and Consumer Choice Act of 1991, the Comptroller of the Currency may approve an application under this section which will permit a national bank that is adequately capitalized and adequately managed to establish or acquire, and operate, a branch located outside the State in which the main office of such bank is located, subject to paragraphs (2), (3), and (6) "(B) CONDITIONS.-In determining whether to grant approval under subparagraph (A), the Comptroller of the Currency shall consider the bank's rating under the Community Reinvestment Act of 1977 and the views of the appropriate State bank officials regarding the bank's compliance with applicable State community reinvestment laws. "(C) APPLICABLE LAW.

"(i) IN GENERAL.-Subject to paragraph (6), any branch established or acquired under subparagraph (A) shall be subject to the laws of the host State with respect to intrastate branching, consumer protection, fair lending, and community reinvestment as if it were a branch of a bank chartered by that State, unless such State law, is preempted by Federal law regarding the same subject. There shall be no discriminatory effect in the application of such laws between a branch of a bank chartered by the host State and in-State branches of out-of-State national banks. Such State laws shall be enforced, with respect to branches of national banks by the Comptroller of the Currency. All other laws of the host State shall apply as if the branch was the national bank situated in that State.

"(ii) FILING REQUIREMENT.-A host State may require any national bank that has its main office in another State that wishes to establish a branch within the host State to comply with filing requirements that are not discriminatory in nature and that are similar in their effect to those that are imposed on a corporation from another State that is not engaged in the business of banking and

that seeks to engage in business in the host State. The host State may preclude any national bank the main office of which is located in another State from establishing or operating a branch within the host State if that national bank or its branch materially fails to comply with the filing requirements. "(2) STATE ELECTION TO PROHIBIT INTERSTATE BRANCHING.

"(A) IN GENERAL.-The provisions of paragraph (1) shall not apply to branches to be located in a State which has enacted, during the period beginning on January 1, 1990, and ending 3 years after the date of the enactment of this subsection, a law that applies equally to national and State banks and that expressly prohibits all out-of-State banks from establishing or acquiring branches located in that State.

"(B) EFFECT OF PROHIBITION.-A national bank that has its main office in a State that has in effect a prohibition under subparagraph (A) may not acquire or establish a branch located in any other State under the provisions of this subsection.

"(3) STATE ELECTION TO PERMIT INTERSTATE BRANCHING.

"(A) DURING THE THREE-YEAR PERIOD FOLLOWING ENACTMENT.-The Comptroller of the Currency may approve an application under paragraph (1)(A) before the expiration of the 3-year period described in paragraph (1)(A), if the State in which the branch is or will be located enacts a law during that period expressly permitting interstate branching by all national and State banks before the expiration of the time period described in paragraph (1)(A).

"(B) AFTER THE THREE-YEAR PERIOD FOLLOWING ENACTMENT.-A State that originally elected, pursuant to paragraph (2), to prohibit interstate branching may nonetheless elect at any later time to permit interstate branching if such State enacts a law expressly permitting interstate branching by all national and State banks.

"(4) STATE IMPOSED CONDITIONS ON INTERSTATE BRANCHING.

"(A) A State may require a copy of an application submitted under this section to be filed with the host State banking authority in a timely manner (and the Comptroller of the Currency shall consider any timely comments of the host State prior to approving that application); and

"(B) subject to paragraph (6) a State may impose other conditions on a branch established or acquired under paragraph (1)(A) if—

"(i) the conditions to not discriminate against out of State banks or bank holding companies; and

"(ii) the imposition of the conditions is not preempted by Federal law regarding the same subject.

"(5) CONCENTRATION LIMITS.

"(A) IN GENERAL.-The Comptroller may not approve an acquisition under paragraph (1)(A) by a bank of a branch located in another State if

"(i) the bank controls, or upon completion of the acquisition would control, more than 10 percent of the insured depository institution deposits of the United States, as determined under regulations of the Board of Governors of the Federal Reserve System; or

(ii) the bank controls, or upon completion of the acquisition would control, 30 percent or more of the insured depository institution deposits in the State in which the branch to be acquired is located, as determined under regulations of the Board of Governors of the Federal Reserve System, except that a State may waive the applicability of this subparagraph.

"(B) LIMITATIONS.-Nothing in subparagraph (A)

"(i) affects the applicability of Federal antitrust laws or of State antitrust laws that do not discriminate against out-of-State banks or bank holding companies, or

"(ii) applies to the establishment of new branches located outside the State where the main office of the bank is located.

"(6) EXCEPTION.-Notwithstanding the previous paragraphs, any provision of State law in existence on the date of enactment of the Financial Institutions Safety and Consumer Choice Act of 1991, or enacted thereafter, which restricts entry to the acquisition of existing banks or branches shall apply, except that a State law which requires that the bank must have been in existence longer than 5 years shall not apply unless such law is in effect on such date of enactment. State laws in existence on the date of enactment of the Financial Institutions Safety and Consumer Choice Act of 1991 that restrict such entry shall, for purposes of this paragraph, be deemed to apply to both banks and branches.

"(7) DEFINITIONS.-For purposes of this subsection

“(A) ADEQUATELY CAPITALIZED.-The term 'adequately capitalized' means, with respect to any national bank, a bank which maintains capital in an amount which meets or exceeds the required minimum ratio for each relevant capital measure.

"(B) HOST STATE.-The term 'host State' means the State in which a national bank establishes or maintains a branch other than the State in which the bank has its main office and is engaging in banking business.

"(C) INSURED DEPOSITORY INSTITUTION.— The term 'insured depository institution' has the same meaning as in section 3 of the Federal Deposit Insurance Act.".

SEC. 303. INTERSTATE BRANCHING BY STATE BANKS.

Section 18(d) of the Federal Deposit Insurance Act (12 U.S.C. 1828(d)) is amended by adding at the end the following:

"(3) INTERSTATE BRANCHING BY STATE BANKS.-Beginning 3 years after the date of enactment of the Financial Institutions Safety and Consumer Act of 1991, an insured State bank that is adequately capitalized and adequately managed may establish or acquire, and operate, a branch located outside the State in which the bank is chartered if authorized by the law of the State in which the bank is chartered, subject to paragraphs (5), (6), and (9).

"(4) APPLICABLE LAW.—

"(A) IN GENERAL.—Subject to paragraph (9), any branch of an out-of-State bank shall be subject to the laws of the host State as if such branch were a branch of a bank chartered by that State.

"(B) ACTIVITIES OF BRANCHES.-An insured State bank that establishes a branch or branches pursuant to paragraph (3) may not conduct any activity at such branch that is not permissible for a bank chartered by the host State.

"(C) FILING REQUIREMENT.-A host State may require any insured bank chartered by another State that wishes to establish a branch within the host State to comply with filing requirements that are not discriminatory in nature and that are similar in their effect to those that are imposed on a corporation from another State that is not engaged in the business of banking and that seeks to engage in business in the host State. The host State may preclude any State bank chartered by another State from establishing or operating a branch within the host State if that State bank or its branch materially fails to comply with the filing requirements.

"(D) RESERVATION OF CERTAIN RIGHTS TO STATES.-Nothing in this subsection limits in any way the right of a State to—

"(i) determine the authority of State banks chartered in that State to establish and maintain branches; or

"(ii) supervise, regulate, and examine State banks chartered by that State.

"(5) STATE ELECTION TO PROHIBIT INTERSTATE BRANCHING.

"(A) IN GENERAL.-The provisions of paragraph (3) shall not apply to branches to be located in a State which has enacted, during the period beginning on January 1, 1990, and ending 3 years after the date of enactment of this subsection, a law that applies equally to national and State banks and that expressly prohibits all out-of-State banks from establishing or acquiring branches located in that State.

"(B) EFFECT OF PROHIBITION.-A State bank that is chartered by a State that has in effect a prohibition under subparagraph (A) may not acquire or establish a branch located in any other State under the provisions of this subsection.

"(6) STATE ELECTION TO PERMIT INTERSTATE BRANCHING.

“(A) DURING THE 3-YEAR PERIOD FOLLOWING ENACTMENT.-A State bank may establish or acquire, and operate, a branch outside the State in which the main office of the bank is located, subject to the provisions of this subsection, before the expiration of the 3-year period described in paragraph (3), if the State in which the branch will be located enacts a law during that period expressly permitting interstate branching by all national and State banks before the expiration of the time period described in paragraph (3).

"(B) AFTER THE 3-YEAR PERIOD FOLLOWING ENACTMENT.-A State that originally elected, pursuant to paragraph (5), to prohibit interstate branching may nonetheless elect at any later time to permit interstate branching if such State enacts a law expressly permitting interstate branching by all national and State banks.

"(7) STATE IMPOSED CONDITIONS ON INTERSTATE BRANCHING.—

"(A) A State may require a copy of an application submitted under this section to be filed with the host State banking authority in a timely manner (and the home State banking authority and the appropriate Federal banking agency shall consider any timely comments of the host State prior to approving that application); and

"(B) Subject to paragraph (9), a State may impose other conditions on a branch established or acquired under paragraph (3) if—

"(i) the conditions do not discriminate against out-of-State banks or banking holding companies; and

"(ii) the imposition of the conditions is not preempted by Federal law regarding the same subject.

"(8) CONCENTRATION LIMITS.—

"(A) IN GENERAL.-The home State banking authority and the appropriate Federal banking agency may not approve an acquisition under paragraph (1)(A) by a bank of a branch located in another State if

"(i) the bank controls, or upon completion of the acquisition would control; more than 10 percent of the insured depository institution deposits of the United States, as determined under regulations of the Board of Governors of the Federal Reserve System; or

"(ii) the bank controls, or upon completion of the acquisition would control, 30 percent or more of the insured depository institution deposits in the State in which the branch to be acquired is located, as determined under regulations of the Board of Governors of the Federal Reserve System, except that a State may waive the applicability of this subparagraph.

"(B) LIMITATIONS.-Nothing in subparagraph (A)—

"(i) affects the applicability of Federal antitrust laws or of State antitrust laws that do not discriminate against out-of-State bank holding companies, or

"(ii) applies to the establishment of new branches located outside the State where the main office of the bank is located.

"(9) EXCEPTION.-Notwithstanding the previous paragraphs, any provision of State law in existence on the date of enactment of the Financial Institutions Safety and Consumer Choice Act of 1991, or enacted thereafter, which restricts entry only through the acquisition of existing banks or branches shall apply, except that a State law which requires that the bank must have been in existence longer than 5 years shall not apply unless such law is in effect on such date of enactment. State laws in existence on the date of enactment of the Financial Institutions Safety and Consumer Choice Act of 1991 that restrict such entry shall, for purposes of this paragraph, be deemed to apply to both banks and branches.

"(10) COORDINATION OF EXAMINATION AUTHORITY.

"(A) IN GENERAL.-A host State bank supervisory or regulatory authority may examine a branch established in the host State by banks chartered by another State for the purpose of determining compliance with host State laws regarding banking, taxation, community reinvestment, fair lending, consumer protection, and permissible activities and to ensure that the activities of the branch are conducted in a manner consistent with sound banking principles and do not constitute a serious risk to the safety and sound operation of the branch.

"(B) ENFORCEMENT.-In the event that a host State bank authority as described in subparagraph (A) determines that there is a violation of host State law concerning the activities being conducted by the branch or that the branch is being operated in a manner not consistent with sound banking principles or in an unsafe and unsound manner, such host State bank authority may undertake such enforcement actions or proceedings as would be permitted under host State law if the branch in question were a bank chartered by that host State.

"(C) COOPERATIVE AGREEMENT.-The State bank authorities from one or more States are authorized to enter into cooperative agreements to facilitate State regulatory supervision of State banks, including cooperative agreements relating to the coordination of examinations and joint participation in examinations.

"(D) FEDERAL REGULATORY AUTHORITY."(i) IN GENERAL.-Nothing in this subsection limits in any way the authority of the appropriate Federal banking agency to examine any bank or branch of a bank for which the agency is the appropriate Federal banking agency.

"(ii) REVIEW OF INTEREST AGREEMENTS.—If the appropriate Federal banking authority determines that the States have failed to reach an agreement under subparagraph (C), or that such an agreement fails to adequately protect the Federal Deposit Insurance Fund, the appropriate Federal banking authority shall not defer to State examinations of the out-of-State branches.

"(11) DEFINITIONS.-For purposes of this subsection

"(A) HOST STATE.-The term 'host State' means the State in which a bank establishes or maintains a branch other than the State in which the bank is chartered and engaging in banking business.

"(B) ADEQUATELY CAPITALIZED.-For the purposes of this subsection, the term 'adequately capitalized' means, with respect to any insured State bank, a bank which maintains capital in an amount which meets or exceeds the minimum ratio for each relevant capital measure.".

SEC. 304. BRANCHING BY FOREIGN BANKS.

(a) IN GENERAL.-Section 5(a) of the International Banking Act of 1978 (12 U.S.C. 3103(a)) is amended to read as follows: "(a) INTERSTATE BANKING OPERATIONS.