Harris Fawell

Again, no, they are not. The legislation's more explicit internal and external review procedures under ERISA are not intended to expand or contract existing provisions of law. Therefore, it is not intended to have any impact on pending…

The more explicit internal and external review provisions under this new legislation do not and are not intended to expand or contract existing ERISA law. Therefore, these new procedures do not and are not intended to affect whether or the…

This is precisely why in all of those instances where exemptions are granted, nothing like this has ever been put into the Fair Labor Standards Act. I want to add also that the gentleman from New York (Mr. Owens) actually is extending the…

So under H.R. 3246, Mr. Chairman, even organizers are not prohibited from getting jobs.

I have also heard it said this week that union salting is protected by the United States Supreme Court in its unanimous 1995 Town and Country decision, and that title I seeks to overturn this case which held that union organizers are…

You have mentioned this 50 percent test several times. Who would determine what the level is of a applicant's motivation to work for the employer?

The definition of a bona fide applicant, we tried to bend over backwards by saying it is somebody who basically is there who really does not want to work there, he is primarily there in furtherance, primarily, the motivation is in…

I simply want to make it very, very, very clear that we do not in this legislation say that the employer has any right to discriminate against an applicant because the applicant is a member of a union. We make it clear that the Supreme…

I thank the chairman. So there would be an assumption that we would limit the benefits of this bill, insofar as that one particular district is concerned, to the increase in appropriations for this fiscal year, and not for future fiscal…

I think it is too bad that we have what I would call extremism here as we try to talk about something I hope more rationally. When we talk about the fact that the Goodling amendment, for instance, is going to cause some 10 million people…

As I have indicated, first of all in section 1 the gentleman has entirely removed the very clear statement that any promotion is inappropriate on behalf of the Department of Labor. In reference to the other sections of the bill, frankly…

The report language is very careful to refer to those kinds of activities by the Department of Labor in regard to technical releases, prohibited transactions, exemptions, in any number of areas. I cannot say that I am such an expert on the…

We do not want this construed to mean that there can be just generalized opinions. So I think it is something that ought to remain in the report language. And I repeat, I think if what the gentleman has is centered only upon housing, then…

I only wanted to point out that all of those industrial figures to which the gentleman made reference to, of course, that all has occurred and it has got nothing to do with this legislation. Second, I want to emphasize the fact that there…

Mr. Chairman, referring to the interpretive bulletin, which to my knowledge was the very first time that there was an official interpretation of the prudent man rule, they take sections 403 and 404 and they say: Here, we are going to…

The definition of ETI's, which is the first time to my knowledge that ETI's have ever been legally defined in any of the regulations or in the law, states: Are defined as investments selected for economic benefits they create, in addition…

I simply wanted to respond to the previous speaker when he indicated that the 10(j) injunction had been eliminated. Now that just is not so. The 10(j) injunction will be alive and well. It will require the usual equitable grounds to be…

May I just add, we do not have the facts. There has been no prospectus, there has been no study. We do not know on the basis of what has been done what in the world would justify these four courthouses. Now, so we are told to vote in the…

As I tried to stress in the time I had, this was legislating in an appropriations bill, to even get into the authority of the Committee on Appropriations to even order spending to commence the prospectus process, when GSA and the committee…