[Congressional Record Volume 162, Number 33 (Tuesday, March 1, 2016)]
[House]
[Pages H1057-H1060]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           FEDERAL ADVISORY COMMITTEE ACT AMENDMENTS OF 2016

  Mr. RUSSELL. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2347) to amend the Federal Advisory Committee Act to 
increase the transparency of Federal advisory committees, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2347

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Federal 
     Advisory Committee Act Amendments of 2016''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Ensuring independent advice and expertise.
Sec. 3. Preventing efforts to circumvent the Federal Advisory Committee 
              Act and public disclosure.
Sec. 4. Increasing transparency of advisory committees.
Sec. 5. Managing Federal advisory committees.
Sec. 6. Comptroller General review and reports.
Sec. 7. Application of Federal Advisory Committee Act to Trade Advisory 
              Committees.
Sec. 8. Definitions.
Sec. 9. Technical and conforming amendments.
Sec. 10. Effective date.
Sec. 11. No additional funds authorized.

     SEC. 2. ENSURING INDEPENDENT ADVICE AND EXPERTISE.

       (a) Bar on Political Litmus Tests.--Section 9 of the 
     Federal Advisory Committee Act (5 U.S.C. App.) is amended--
       (1) in the section heading, by inserting ``membership;'' 
     after ``advisory committees;'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (e) and (f), respectively; and
       (3) by inserting after subsection (a) the following:
       ``(b) Appointments Made Without Regard to Political 
     Affiliation or Activity.--All appointments to advisory 
     committees shall be made without regard to political 
     affiliation or political activity, unless required by Federal 
     statute.''.
       (b) Minimizing Conflicts of Interest.--Section 9 of the 
     Federal Advisory Committee Act (5 U.S.C. App.), as amended by 
     subsection (a) of this section, is further amended by 
     inserting after subsection (b) (as added by such subsection 
     (a)) the following:
       ``(c) Public Nominations of Committee Members.--Prior to 
     appointing members to an advisory committee, the head of an 
     agency shall give interested persons an opportunity to 
     suggest potential committee members. The agency shall include 
     a request for comments in the Federal Register notice 
     required under subsection (a) and provide a mechanism for 
     interested persons to comment through the official website of 
     the agency. The agency shall consider any comments submitted 
     under this subsection in selecting the members of an advisory 
     committee.
       ``(d) Designation of Committee Members.--
       ``(1) An individual appointed to an advisory committee who 
     is not a full-time or permanent part-time officer or employee 
     of the Federal Government shall be designated as--

[[Page H1058]]

       ``(A) a special Government employee, if the individual is 
     providing advice based on the individual's expertise or 
     experience; or
       ``(B) a representative, if the individual is representing 
     the views of an entity or entities outside of the Federal 
     Government.
       ``(2) An agency may not designate committee members as 
     representatives to avoid subjecting them to Federal ethics 
     rules and requirements.
       ``(3) The designated agency ethics official for each agency 
     shall review the members of each advisory committee that 
     reports to the agency to determine whether each member's 
     designation is appropriate, and to redesignate members if 
     appropriate. The designated agency ethics official shall 
     certify to the head of the agency that such review has been 
     made--
       ``(A) following the initial appointment of members; and
       ``(B) at the time a committee's charter is renewed, or, in 
     the case of a committee with an indefinite charter, every 2 
     years.
       ``(4) The head of each agency shall inform each individual 
     appointed to an advisory committee that reports to the agency 
     whether the individual is appointed as a special Government 
     employee or as a representative. The agency head shall 
     provide each committee member with an explanation of the 
     differences between special Government employees and 
     representatives and a summary of applicable ethics 
     requirements. The agency head, acting through the designated 
     agency ethics official, shall obtain signed and dated written 
     confirmation from each committee member that the member 
     received and reviewed the information required by this 
     paragraph.
       ``(5) The Director of the Office of Government Ethics shall 
     provide guidance to agencies on what to include in the 
     summary of ethics requirements required by paragraph (4).
       ``(6) The head of each agency shall, to the extent 
     practicable, develop and implement strategies to minimize the 
     need for written determinations under section 208(b)(3) of 
     title 18, United States Code. Strategies may include such 
     efforts as improving outreach efforts to potential committee 
     members and seeking public input on potential committee 
     members.''.
       (c) Regulations Implementing FACA.--Section 7(c) of the 
     Federal Advisory Committee Act (5 U.S.C. App.) is amended by 
     inserting ``promulgate regulations and'' after ``The 
     Administrator shall''.
       (d) Ensuring Independent Advice and Recommendations.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) is amended--
       (1) in section 8--
       (A) in the section heading, by inserting ``independent 
     advice and recommendations;'' after ``responsibilities of 
     agency heads;'';
       (B) by redesignating subsection (b) as subsection (c); and
       (C) by inserting after subsection (a) the following:
       ``(b) The head of each agency shall ensure that the agency 
     does not interfere with the free and independent 
     participation, expression of views, and deliberation by 
     committee members. Each advisory committee shall include a 
     statement describing the process used by the advisory 
     committee in formulating the advice and recommendations when 
     they are transmitted to the agency.''; and
       (2) in section 10--
       (A) in the section heading, by inserting ``; chair'' after 
     ``attendance''; and
       (B) by inserting after subsection (f) the following new 
     subsection:
       ``(g) The Chair shall not be an employee of the agency to 
     which the advisory committee reports, unless--
       ``(1) a statute specifically authorizes selection of such 
     an employee as the Chair; or
       ``(2) the head of the agency directs an employee to serve 
     as the Chair.''.

     SEC. 3. PREVENTING EFFORTS TO CIRCUMVENT THE FEDERAL ADVISORY 
                   COMMITTEE ACT AND PUBLIC DISCLOSURE.

       (a) De Facto Members.--Section 4 of the Federal Advisory 
     Committee Act (5 U.S.C. App.) is amended by adding at the end 
     the following new subsection:
       ``(d) Treatment of Individual as Member.--An individual who 
     is not a full-time or permanent part-time officer or employee 
     of the Federal Government shall be regarded as a member of a 
     committee if the individual regularly attends and 
     participates in committee meetings as if the individual were 
     a member, even if the individual does not have the right to 
     vote or veto the advice or recommendations of the advisory 
     committee.''.
       (b) Subcommittees.--Section 4 of the Federal Advisory 
     Committee Act (5 U.S.C. App.), as amended by subsection (a) 
     of this section, is further amended by striking subsection 
     (a) and inserting the following:
       ``(a) Application.--The provisions of this Act or of any 
     rule, order, or regulation promulgated under this Act shall 
     apply to each advisory committee, including any subcommittee 
     or subgroup thereof, except to the extent that any Act of 
     Congress establishing any such advisory committee 
     specifically provides otherwise. Any subcommittee or subgroup 
     that reports to a parent committee established under section 
     9(a) is not required to comply with section 9(f).''.
       (c) Committees Created Under Contract.--Section 3(2) of the 
     Federal Advisory Committee Act (5 U.S.C. App.) is amended in 
     the matter following subparagraph (C) by adding at the end 
     the following: ``An advisory committee is considered to be 
     established by an agency, agencies, or the President if it is 
     formed, created, or organized under contract, other 
     transactional authority, cooperative agreement, grant, or 
     otherwise at the request or direction of an agency, agencies, 
     or the President.''.
       (d) Advisory Committees Containing Special Government 
     Employees.--Section 4 of the Federal Advisory Committee Act 
     (5 U.S.C. App.), as amended by subsections (a) and (b) of 
     this section, is further amended by adding at the end the 
     following new subsection:
       ``(e) Special Government Employees.--Committee members 
     appointed as special Government employees shall not be 
     considered full-time or permanent part-time officers or 
     employees of the Federal Government for purposes of 
     determining the applicability of this Act under section 
     3(2).''.

     SEC. 4. INCREASING TRANSPARENCY OF ADVISORY COMMITTEES.

       (a) Information Requirement.--Section 11 of the Federal 
     Advisory Committee Act (5 U.S.C. App.) is amended to read as 
     follows:

     ``SEC. 11. DISCLOSURE OF INFORMATION.

       ``(a) In General.--With respect to each advisory committee, 
     the head of the agency to which the advisory committee 
     reports shall make publicly available in accordance with 
     subsection (b) the following information:
       ``(1) The charter of the advisory committee.
       ``(2) A description of the process used to establish and 
     appoint the members of the advisory committee, including the 
     following:
       ``(A) The process for identifying prospective members.
       ``(B) The process of selecting members for balance of 
     viewpoints or expertise.
       ``(C) The reason each member was appointed to the 
     committee.
       ``(D) A justification of the need for representative 
     members, if any.
       ``(3) A list of all current members, including, for each 
     member, the following:
       ``(A) The name of any person or entity that nominated the 
     member.
       ``(B) Whether the member is designated as a special 
     Government employee or a representative.
       ``(C) In the case of a representative, the individuals or 
     entity whose viewpoint the member represents.
       ``(4) A list of all members designated as special 
     Government employees for whom written certifications were 
     made under section 208(b) of title 18, United States Code, a 
     copy of each such certification, a summary description of the 
     conflict necessitating the certification, and the reason for 
     granting the certification.
       ``(5) Any recusal agreement made by a member or any recusal 
     known to the agency that occurs during the course of a 
     meeting or other work of the committee.
       ``(6) A summary of the process used by the advisory 
     committee for making decisions.
       ``(7) Detailed minutes of all meetings of the committee and 
     a description of committee efforts to make meetings 
     accessible to the public using online technologies (such as 
     video recordings) or other techniques (such as audio 
     recordings).
       ``(8) Any written determination by the President or the 
     head of the agency to which the advisory committee reports, 
     pursuant to section 10(d), to close a meeting or any portion 
     of a meeting and the reasons for such determination.
       ``(9) Notices of future meetings of the committee.
       ``(10) Any additional information considered relevant by 
     the head of the agency to which the advisory committee 
     reports.
       ``(b)  Manner of Disclosure.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     head of an agency shall make the information required to be 
     disclosed under this section available electronically on the 
     official public website of the agency and to the 
     Administrator at least 15 calendar days before each meeting 
     of an advisory committee. If the head of the agency 
     determines that such timing is not practicable for any 
     required information, such head shall make the information 
     available as soon as practicable but no later than 48 hours 
     before the next meeting of the committee. An agency may 
     withhold from disclosure any information that would be exempt 
     from disclosure under section 552 of title 5, United States 
     Code.
       ``(2) Website availability.--The head of an agency shall 
     make available electronically, on the official public website 
     of the agency, detailed minutes and, to the extent available, 
     a transcript or audio or video recording of each advisory 
     committee meeting not later than 30 calendar days after such 
     meeting.
       ``(3) Grant reviews.--In the case of grant reviews, 
     disclosure of information required by subsection (a)(3) may 
     be provided in the aggregate rather than by individual grant.
       ``(c) Provision of Information by Administrator of General 
     Services.--The Administrator of General Services shall 
     provide, on the official public website of the General 
     Services Administration, electronic access to the information 
     made available by each agency under this section.
       ``(d) Availability of Meeting Materials.--Except where 
     prohibited by contractual agreements entered into prior to 
     the effective date of this Act, agencies and advisory 
     committees shall make available to any person, at actual cost 
     of duplication, copies of advisory committee meeting 
     materials.''.
       (b) Charter Filing.--Subsection (f) of section 9 of the 
     Federal Advisory Committee

[[Page H1059]]

     Act (5 U.S.C. App.), as redesignated by section 2(a) of this 
     Act, is amended to read as follows:
       ``(f) No advisory committee shall meet or take any action 
     until an advisory committee charter has been filed with the 
     Administrator, the head of the agency to whom any advisory 
     committee reports, and the standing committees of the Senate 
     and of the House of Representatives having legislative 
     jurisdiction of such agency. Such charter shall contain the 
     following information in the following order:
       ``(1) The committee's official designation.
       ``(2) The authority under which the committee is 
     established.
       ``(3) The committee's objectives and the scope of its 
     activity.
       ``(4) A description of the duties for which the committee 
     is responsible, and, if such duties are not solely advisory, 
     a specification of the authority for such functions.
       ``(5) The agency or official to whom the committee reports.
       ``(6) The agency responsible for providing the necessary 
     support for the committee.
       ``(7) The responsibilities of the officer or employee of 
     the Federal Government designated under section 10(e).
       ``(8) The estimated number and frequency of committee 
     meetings.
       ``(9) The period of time necessary for the committee to 
     carry out its purposes.
       ``(10) The committee's termination date, if less than two 
     years from the date of the committee's establishment.
       ``(11) The estimated number of members and a description of 
     the expertise needed to carry out the objectives of the 
     committee.
       ``(12) A description of whether the committee will be 
     composed of special Government employees, representatives, or 
     members from both categories.
       ``(13) Whether the agency intends to create subcommittees 
     and if so, the agency official authorized to exercise such 
     authority.
       ``(14) The estimated annual operating costs in dollars and 
     full-time equivalent positions for such committee.
       ``(15) The recordkeeping requirements of the committee.
       ``(16) The date the charter is filed.
     A copy of any such charter shall also be furnished to the 
     Library of Congress.''.

     SEC. 5. MANAGING FEDERAL ADVISORY COMMITTEES.

       (a) Committee Management Officers.--Subsection (c) of 
     section 8 of the Federal Advisory Committee Act (5 U.S.C. 
     App.), as redesignated by section 2(d) of this Act, is 
     amended to read as follows:
       ``(c) The head of each agency that has an advisory 
     committee shall designate an Advisory Committee Management 
     Officer who shall--
       ``(1) be a senior official who is--
       ``(A) an expert in implementing the requirements of this 
     Act and regulations promulgated pursuant to this Act; and
       ``(B) the primary point of contact for the General Services 
     Administration;
       ``(2) be responsible for the establishment, management, and 
     supervision of the advisory committees of the agency, 
     including establishing procedures, performance measures, and 
     outcomes for such committees;
       ``(3) assemble and maintain the reports, records, and other 
     papers (including advisory committee meeting materials) of 
     any such committee during its existence;
       ``(4) ensure any such committee and corresponding agency 
     staff adhere to the provisions of this Act and any 
     regulations promulgated pursuant to this Act;
       ``(5) maintain records on each employee of any such 
     committee and completion of training required for any such 
     employee;
       ``(6) be responsible for providing the information required 
     in section 7(b) of this Act to the Administrator; and
       ``(7) carry out, on behalf of that agency, the provisions 
     of section 552 of title 5, United States Code, with respect 
     to the reports, records, and other papers described in 
     paragraph (3).''.

     SEC. 6. COMPTROLLER GENERAL REVIEW AND REPORTS.

       (a) Review.--The Comptroller General of the United States 
     shall review compliance by agencies with the Federal Advisory 
     Committee Act, as amended by this Act, including whether 
     agencies are appropriately appointing advisory committee 
     members as either special Government employees or 
     representatives.
       (b) Report.--The Comptroller General shall submit to the 
     committees described in subsection (c) two reports on the 
     results of the review, as follows:
       (1) The first report shall be submitted not later than one 
     year after the date of promulgation of regulations under 
     section 7(c) of the Federal Advisory Committee Act (5 U.S.C. 
     App.), as amended by section 2(c).
       (2) The second report shall be submitted not later than 
     five years after such date of promulgation of regulations.
       (c) Committees.--The committees described in this 
     subsection are the Committee on Oversight and Government 
     Reform of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.

     SEC. 7. APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT TO 
                   TRADE ADVISORY COMMITTEES.

       Section 135(f)(2)(A) of the Trade Act of 1974 (19 U.S.C. 
     2155(f)(2)(A)) is amended by striking ``subsections (a) and 
     (b) of sections 10 and 11 of the Federal Advisory Committee 
     Act'' and inserting ``subsections (a) and (b) of section 10 
     and subsections (a)(7), (a)(8), (a)(9), (b)(2), and (d) of 
     section 11 of the Federal Advisory Committee Act''.

     SEC. 8. DEFINITIONS.

       Section 3 of the Federal Advisory Committee Act (5 U.S.C. 
     App.) is amended by adding at the end the following new 
     paragraph:
       ``(5) The term `special Government employee' has the 
     meaning given that term in section 202(a) of title 18, United 
     States Code.''.

     SEC. 9. TECHNICAL AND CONFORMING AMENDMENTS.

       Section 7(d)(1) of the Federal Advisory Committee Act (5 
     U.S.C. App.) is amended--
       (1) in subparagraph (A), by striking ``the rate specified 
     for GS-18 of the General Schedule under section 5332'' and 
     inserting ``the rate for level IV of the Executive Schedule 
     under section 5315''; and
       (2) in subparagraph (C)(i), by striking ``handicapped 
     individuals (within the meaning of section 501 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794))'' and inserting 
     ``individuals with disabilities (as defined in section 7(20) 
     of the Rehabilitation Act of 1973 (29 U.S.C. 705(20)))''.

     SEC. 10. EFFECTIVE DATE.

       This Act shall take effect 30 days after the date of the 
     enactment of this Act.

     SEC. 11. NO ADDITIONAL FUNDS AUTHORIZED.

       No additional funds are authorized to carry out the 
     requirements of this Act and the amendments made by this Act. 
     Such requirements shall be carried out using amounts 
     otherwise authorized.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oklahoma (Mr. Russell) and the gentleman from Missouri (Mr. Clay) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Oklahoma.


                             General Leave

  Mr. RUSSELL. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oklahoma?
  There was no objection.
  Mr. RUSSELL. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of H.R. 2347, introduced by Congressman 
William ``Lacy'' Clay. H.R. 2347 was introduced by Representative Clay 
to help improve the governance and transparency of the Federal advisory 
committees.
  Congress acknowledged the merits of using advisory committees to 
acquire viewpoints from business, academic, and other interests when it 
passed the Federal Advisory Committee Act in 1972.
  While not necessarily well known, Federal advisory committees are 
small bodies of people who provide advice, guidance, or recommendations 
to Federal policymakers on a wide range of topics. All told, in fiscal 
year 2014, 825 Federal advisory committees held 7,173 meetings at a 
cost to the American taxpayer of more than $334 million.
  While these committees undoubtedly provided a number of valuable 
insights, it is important that we continue to work to ensure that these 
committees produce the best value for the taxpayer.
  Unfortunately, some agencies note that the FACA requirements are 
cumbersome and resource intensive, thus reducing the ability of the 
committees to focus on substantive issues in a timely fashion.
  Both governmental agencies and private groups say that the 1972 act 
does not do enough to require agencies to promote openness and 
transparency.
  Mr. Speaker, H.R. 2347 works to address these problems and bring 
transparency to Federal advisory committees and the Federal agency 
decisionmaking process.
  It also clarifies transparency of committee membership by requiring 
members to be selected without political affiliation, giving agency 
heads authorization to require members to fully disclose conflicts of 
interest and treating those individuals who regularly attend and 
participate in committee meetings to be considered as a member, even if 
they are not allowed to vote.
  H.R. 2347 classifies transparency of committee activities further by 
ensuring the committee's advice, information, and recommendations are 
judgments of the committee and not the agency and, also, by requiring 
each agency to make available on their Web site the committee and its 
activities.
  Mr. Speaker, I urge my colleagues to support this important 
legislation.
  I reserve the balance of my time.


[[Page H1060]]


         House of Representatives, Committee on Oversight and 
           Government Reform,
                                Washington, DC, December 10, 2015.
     Hon. Kevin Brady,
     Chairman, Committee on Ways and Means, Washington, DC.
       Dear Mr. Chairman: On October 9, 2015, the Committee on 
     Oversight and Government Reform ordered reported without 
     amendment H.R. 2347, the Federal Advisory Committee Act 
     Amendments of 2015, by unanimous consent. The bill was 
     referred primarily to the Committee on Oversight and 
     Government Reform, with an additional referral to the 
     Committee on Ways and Means.
       I ask that you allow the Ways and Means Committee to be 
     discharged from further consideration of the bill so that it 
     may be scheduled by the Majority Leader. This discharge in no 
     way affects your jurisdiction over the subject matter of the 
     bill, and it will not serve as precedent for future 
     referrals. In addition, should a conference on the bill be 
     necessary, I would support your request to have the Committee 
     on Ways and Means represented on the conference committee. 
     Finally, I would be pleased to include this letter and any 
     response in the bill report filed by the Committee on 
     Oversight and Government Reform, as well as in the 
     Congressional Record during floor consideration, to 
     memorialize our understanding.
       Thank you for your consideration of my request.
           Sincerely,
                                                   Jason Chaffetz,
     Chairman.
                                  ____

                                         House of Representatives,


                                  Committee on Ways and Means,

                                Washington, DC, December 10, 2015.
     Hon. Jason Chaffetz,
     Chairman, Committee on Oversight and Government Reform, 
         Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding the 
     Committee on Ways and Means' jurisdictional interest in H.R. 
     2347, the ``Federal Advisory Committee Act Amendments of 
     2015.'' I wanted to notify you that the Committee on Ways and 
     Means will forgo action on H.R. 2347 so that it may proceed 
     expeditiously to the House floor for consideration.
       This is conditional on our mutual understanding and 
     agreement that doing so will in no way diminish or alter the 
     jurisdiction of the Committee on Ways and Means. In addition, 
     the Committee reserves that right to seek conferees and 
     requests your support when such a request is made.
       I would appreciate a response to this letter confirming 
     this understanding with respect to H.R. 2347, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Congressional Record during Floor 
     consideration of H.R. 2347.
           Sincerely,
                                                      Kevin Brady,
                                                         Chairman.

  Mr. CLAY. Mr. Speaker, I yield myself such time as I may consume.
  Let me first thank my colleague, the gentleman from Oklahoma (Mr. 
Russell), as well as the majority party for working with us to get this 
bill to this forum and to get it ready for passage.
  I rise in strong support of the Federal Advisory Committee Act 
Amendments. I have introduced this bill in each of the last four 
Congresses, and I am hopeful that this time the bill will make it to 
enactment.

                              {time}  1300

  The Federal Advisory Committee Act is one of our core open government 
laws. FACA is intended to ensure that advisory committees provide 
objective advice and operate with transparency. Over time, however, 
agencies have implemented FACA inconsistently and judges have created 
loopholes in the law.
  This bill closes the loopholes that allow agencies to get around the 
Act. Currently, agencies can avoid FACA's requirements by conducting 
committee business through subcommittees. This bill makes it clear that 
FACA applies to subcommittees as well as to the parent committees.
  The bill also clarifies that a committee that is set up by a 
contractor is subject to FACA if it is formed under the direction of 
the President or an agency. Under FACA, agencies would be required to 
disclose how advisory members are chosen, whether they have financial 
conflicts of interest if they are appointed to provide their own 
expertise, and who they work for if they are representing a specific 
interest.
  This bill includes changes to lower the cost of implementation based 
on discussions with the Congressional Budget Office. Specifically, the 
bill would include a more streamlined definition of what would be 
considered a committee under the bill.
  This bill will make the government more accountable by shedding light 
on who is advising the government and on how one is advising the 
government.
  I thank my colleagues for their cooperation in this effort. This is a 
good government bill, and I urge its passage.
  Madam Speaker, I yield back the balance of my time.
  Mr. RUSSELL. Madam Speaker, I urge the adoption of the bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore (Ms. Ros-Lehtinen). The question is on the 
motion offered by the gentleman from Oklahoma (Mr. Russell) that the 
House suspend the rules and pass the bill, H.R. 2347, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________