[Congressional Record Volume 140, Number 27 (Friday, March 11, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 11, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

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                  FEDERAL WORKFORCE RESTRUCTURING ACT

                                 ______


                        GRAMM AMENDMENT NO. 1495

  Mr. GRAMM proposed an amendment to the bill (H.R. 3345) to amend 
title 5, United States Code, to eliminate certain restrictions on 
employee training; to provide temporary authority to agencies relating 
to voluntary separation incentive payments, and for other purposes; as 
follows:

       At the end of Section 5, insert the following:

     SEC.   . CREATION OF VIOLENT CRIME REDUCTION TRUST FUND.


                   violent crime reduction trust fund

       ``(a) There is established a separate account in the 
     Treasury, known as the `Violent Crime Reduction Trust Fund', 
     into which shall be deposited deficit reduction (as defined 
     in subsection (b) of this section) achieved by the preceding 
     section.
       ``(b) On the first day of the following fiscal years (or as 
     soon thereafter as possible for fiscal year 1994), the 
     following amounts shall be transferred from the general fund 
     to the Violent Crime Reduction Trust Fund--
       ``(1) for fiscal year 1994, $720,000,000;
       ``(2) for fiscal year 1995, $2,423,000,000;
       ``(3) for fiscal year 1996, $4,267,000,000;
       ``(4) for fiscal year 1997, $6,313,000,000; and
       ``(5) for fiscal year 1998, $8,545,000,000.
       ``(c) Notwithstanding any other provision of law--
       ``(1) the amounts in the Violent Crime Reduction Trust Fund 
     may be appropriated exclusively for the purposes authorized 
     in the Violent Crime Control and Law Enforcement Act of 1993;
       ``(2) the amounts in the Violent Crime Reduction Trust Fund 
     and appropriations under paragraph (1) of this section shall 
     be excluded from, and shall not be taken into account for 
     purposes of, any budget enforcement procedures under the 
     Congressional Budget Act of 1974 or the Balanced Budget and 
     Emergency Deficit Control Act of 1985; and
       ``(3) for purposes of this subsection, `appropriations 
     under paragraph (1)' means amounts of budget authority not to 
     exceed the balances of the Violent Crime Reduction Trust Fund 
     and amounts of outlays that flow from budget authority 
     actually appropriated.''.
       (b) Listing of the Violent Crime Reduction Trust Fund Among 
     Government Trust Funds.--Section 1321(a) of title 31, United 
     States Code, is amended by inserting at the end thereof the 
     following new paragraph:
       ``(91) Violent Crime Reduction Trust Fund.''.
       (c) Requirement for the President To Report Annually on the 
     Status of the Account.--Section 1105(a) of title 31, United 
     States Code, is amended by adding at the end thereof:
       ``(29) information about the Violent Crime Reduction Trust 
     Fund, including a separate statement of amounts in that Trust 
     Fund.
       ``(30) an analysis displaying by agency proposed reductions 
     in full-time equivalent positions compared to the current 
     year's level in order to comply with section 1352 of the 
     Violent Crime Control and Law Enforcement Act of 1993.''.

     SEC.   . CONFORMING REDUCTION IN DISCRETIONARY SPENDING 
                   LIMITS.

       The Director of the Office of Management and Budget shall, 
     upon enactment of this Act, reduce the discretionary spending 
     limits set forth in section 601(a)(2) of the Congressional 
     Budget Act of 1974 for fiscal years 1994 through 1998 as 
     follows:
       (1) for fiscal year 1994, for the discretionary category: 
     $720,000,000 in new budget authority and $314,000,000 in 
     outlays;
       (2) for fiscal year 1995, for the discretionary category: 
     $2,423,000,000 in new budget authority and $2,330,000,000 in 
     outlays;
       (3) for fiscal year 1996, for the discretionary category: 
     $4,267,000,000 in new budget authority and $4,184,000,000 in 
     outlays;
       (4) for fiscal year 1997, for the discretionary category: 
     $6,313,000,000 in new budget authority and $6,221,000,000 in 
     outlays; and
       (5) for fiscal year 1998, for the discretionary category: 
     $8,545,000,000 in new budget authority and $8,443,000,000 in 
     outlays.
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                      NATIONAL COMPETITIVENESS ACT

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                        BROWN AMENDMENT NO. 1496

  Mr. BROWN proposed an amendment to the bill (S. 4) to promote the 
industrial competitiveness and economic growth of the United States by 
strengthening and expanding the civilian technology programs of the 
Department of Commerce, amending the Stevenson-Wydler Technology 
Innovation Act of 1980 to enhance the development and nationwide 
deployment of manufacturing technologies, and authorizing 
appropriations for the Technology Administration of the Department of 
Commerce, including the National Institute of Standards and Technology, 
and for other purposes; as follows:

       At the end of the bill add the following new title:

               TITLE  --FEDERAL RULES OF CIVIL PROCEDURE

     SEC.  .RULE 11 FEDERAL RULES OF CIVIL PROCEDURE.

       (a) In General.--Rule 11 of the Federal Rules of Civil 
     Procedure is amended--
       (1) in subsection (b)(3) by striking out ``or, if 
     specifically so identified, are likely to have evidentiary 
     support after a reasonable opportunity for further 
     investigation or discovery'' and inserting ``or are well 
     grounded in fact''; and
       (2) in subsection (c)--
       (A) in the first sentence by striking out ``may, subject to 
     the conditions stated below,'' and inserting in lieu thereof 
     ``shall'';
       (B) in paragraph (2) by striking out the first and second 
     sentences and inserting in lieu thereof ``A sanction imposed 
     for violation of this rule may consist of reasonable 
     attorneys' fees and other expenses incurred as a result of 
     the violation, directives of a nonmonetary nature, or an 
     order to pay penalty into court or to a party.''; and
       (C) in paragraph (2)(A) by inserting before the period ``, 
     although such sanctions may be awarded against a party's 
     attorneys''.
       (b) Effective Date.--The provisions of this section shall 
     take effect 30 days after the date of the enactment of this 
     Act.
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             KEMPTHORNE (AND KASSEBAUM) AMENDMENT NO. 1497

  Mr. KEMPTHORNE (for himself and Mrs. Kassebaum) proposed an amendment 
to the bill S. 4, supra; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Heroic Efforts to Rescue 
     Others Act'' (HERO Act).

     SEC. 2 FINDINGS.

       Congress finds that--
       (1) existing Occupational Safety and Health Administration 
     regulations require the issuance of a citation to an employer 
     in a circumstance in which an employee of such employer has 
     voluntarily acted in a heroic manner to rescue individuals 
     from imminent harm during work hours;
       (2) application of such regulations to employers in such 
     circumstance causes hardships to those employers who are 
     responsible for employees who perform heroic acts to save 
     individuals from imminent harm;
       (3) strict application of such regulations in such 
     circumstance penalizes employers as a result of the time lost 
     and legal fees incurred to defend against such citations; and
       (4) in order to save employers the cost of unnecessary 
     enforcement an exemption from the issuance of a citation to 
     an employer under certain situations related to such 
     circumstance is appropriate.

     SEC. 3. CITATIONS.

       Section 9 of the Occupational Safety and Health Act (29 
     U.S.C. 658) is amended by adding at the end the following new 
     subsection:
       ``(d)(1) No citation may be issued under this section for a 
     rescue activity by an employer's employee of an individual in 
     imminent harm unless--
       ``(A)(i) such employee is designated or assigned by the 
     employee's employer with responsibility to perform or assist 
     in rescue operations; and
       ``(ii) the employer fails to provide protection of the 
     safety and health of such employee, including failing to 
     provide appropriate training and rescue equipment;
       ``(B)(i) such employee is directed by the employee's 
     employer to perform rescue activities in the course of 
     carrying out the employee's job duties; and
       ``(ii) the employer fails to provide protection of the 
     safety and health of such employee, including failing to 
     provide appropriate training and rescue equipment; or
       ``(C)(i) such employee--
       ``(I) is employed in a workplace that requires such 
     employee to carry out duties that are directly related to a 
     workplace operation where the likelihood of life-threatening 
     accidents is foreseeable, such as a workplace operation where 
     employees are located in confined spaces or trenches, handle 
     hazardous waste, respond to emergency situations, perform 
     excavations, or perform construction over water;
       ``(II) has not been designated or assigned to perform or 
     assist in rescue operations; and
       ``(III) voluntarily elects to rescue such an individual; 
     and
       (ii) the employer has failed to instruct employees not 
     designated or assigned to perform or assist in rescue 
     operations--
       (I) of the arrangements for rescue;
       (II) not to attempt rescue; and
       (III) of the hazards of attempting rescue without adequate 
     training or equipment.
       ``(2) For purposes of this subsection, the term `imminent 
     harm' means the existence of any condition or practice that 
     could reasonably be expected to cause death or serious 
     physical harm before such condition or practice can be 
     abated.''.

     

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