[Congressional Record Volume 140, Number 79 (Tuesday, June 21, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


           1995 TREASURY - POSTAL SERVICE APPROPRIATIONS ACT

                                 ______


                GRASSLEY (AND OTHERS) AMENDMENT NO. 1823

  Mr. GRASSLEY (for himself, Mr. Shelby, Mr. Lott, Mr. Wallop, Mr. 
Burns, Mr. Faircloth, Mr. Roth, and Mr. Smith) proposed an amendment to 
the bill (H.R. 4539) making appropriations for the Treasury Department, 
the United States Postal Service, the Executive Office of the 
President, and certain independent agencies, for the fiscal year ending 
September 30, 1995, and for other purposes; as follows:

       On page 15, line 17, strike out ``$4,358,180,000'' and 
     insert in lieu thereof ``$3,953,180,000.''
       On page 15, line 19, beginning with ``Provided'' strike out 
     all through the semicolon on line 21 and insert in lieu 
     thereof the following; ``Provided that no funds appropriated 
     under this heading may be used for the enhanced tax 
     compliance initiative for fiscal year 1995 as proposed by the 
     Internal Revenue Service''.
                                 ______


                  ROTH (AND PRYOR) AMENDMENT NO. 1824

  Mr. ROTH (for himself and Mr. Pryor) proposed an amendment to the 
bill, H.R. 4539, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. SENSE OF THE SENATE REGARDING CANADA'S 
                   RESTRICTIONS ON IMPORTS OF UNITED STATES 
                   CHICKENS.

       (a) Findings.--The Senate makes the following findings:
       (1) The United States chicken industry is a highly 
     competitive and growing industry which employs over 200,000 
     people, has over 25,000 family farms, and has significant 
     production in over 28 States.
       (2) United States exports of chickens grew by 32 percent in 
     volume in 1993 and exports are increasingly important to the 
     continued economic vitality of the chicken industry.
       (3) Canada's chicken supply management system has severely 
     limited the importation of United States chickens to Canada 
     since it was imposed over 15 years ago, and its elimination 
     would lead to between $350,000,000 and $700,000,000 in new 
     exports to Canada and between 7,000 and 14,000 new jobs in 
     the United States.
       (4) Canada's chicken supply management system protects 
     Canadian chicken growers while seriously hurting both United 
     States and Canadian food processors, retailers, and 
     consumers.
       (5) The United States and Canada have a free trade 
     agreement which calls for the elimination of all tariffs and 
     prohibits the imposition of new tariffs on any goods traded 
     bilaterally.
       (6) The goals of the Uruguay Round Agreement on Agriculture 
     are to liberalize and expand trade in agriculture and to 
     eliminate distortions to such trade.
       (7) Canada refused to negotiate the issue of elimination of 
     its severe trade restrictions on the importation of United 
     States chickens as part of the North American Free Trade 
     Agreement (hereafter referred to as ``NAFTA'') because the 
     issue was part of the global trade negotiations under the 
     Uruguay Round.
       (8) The Uruguay Round has now concluded and the former and 
     current United States Trade Representative, as well as other 
     key cabinet-level officials, have stated that Canada will be 
     in violation of its NAFTA obligations if it does not 
     eliminate its newly imposed tariffs on chickens.
       (9) The United States chicken industry has waited patiently 
     for access to Canadian markets, which would be the United 
     States largest export market for chickens if it were fully 
     open.
       (10) NAFTA should lead to free and completely open trade 
     for the chicken industry between the United States and 
     Canada, as it will between the United States and Mexico.
       (11) The United States and Canada are currently holding 
     discussions to resolve this and other bilateral agricultural 
     matters.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the United States should reserve all current and future 
     rights to bring Canada into compliance with its tariff 
     obligations under NAFTA, including the use of bilateral or 
     multilateral dispute settlement proceedings; and
       (2) any agreement that is negotiated between the United 
     States and Canada on chickens should lead to--
       (A) substantial and immediate new market access 
     opportunities for United States chicken exports in excess of 
     the levels that have already been achieved; and
       (B) a commitment from Canada before the effective date of 
     the Uruguay Round Agreements which--
       (i) establishes a timeframe for the elimination of all of 
     Canada's tariffs on chickens; and
       (ii) provides for growth in market access levels for United 
     States chicken exports to Canada during the period such 
     tariffs are being phased out.
                                 ______


                      FAIRCLOTH AMENDMENT NO. 1825

  Mr. FAIRCLOTH proposed an amendment to the bill H.R. 4539, supra; as 
follows:

       At the appropriate place in the bill, add the following: 
     ``Notwithstanding any provision of law, the President must 
     certify to Congress, annually, that no person or persons with 
     direct or indirect responsibility for administering the 
     Executive Office of the President's Drug-Free Workplace Plan 
     are themselves subject to the program of individual random 
     drug testing.''
                                 ______


                        BROWN AMENDMENT NO. 1826

  Mr. BROWN proposed an amendment to the bill H.R. 4539, supra; as 
follows:

       At the appropriate place in the bill, add the following new 
     section:
       Sec.   . No part of any appropriation contained in this Act 
     may be used to pay for the expenses of travel of employees, 
     including employees of the Executive Office of the President, 
     or other individuals, not directly responsible for the 
     discharge of the official Governmental tasks and duties for 
     which the travel is undertaken:
       Provided, That this restriction shall not apply to family 
     of the President, Members of Congress, Heads of State of a 
     foreign country or their designee(s).
                                 ______


                      DeCONCINI AMENDMENT NO. 1827

  Mr. DeCONCINI proposed an amendment No. 1827 to the amendment No. 
1826, proposed by Mr. Brown, to the bill H.R. 4539, supra; as follows:

       At the end of the pending amendment, add the following: 
     ``or other individuals so-designated by the President.''
                                 ______


                      DeCONCINI AMENDMENT NO. 1828

  Mr. DeCONCINI proposed an amendment to the bill H.R. 4539, supra; as 
follows:

       On page 63, line 20, strike ``$5,000,000'' and insert 
     ``$5,250,000.''
       On page 98, line 12, strike the words ``one-fifth''.
       On page 99, add the following between lines 11 and 12:
       (D) The applicable amount under this paragraph shall be 
     zero if neither subparagraph (A), subparagraph (B), nor 
     subparagraph (C) applies.
       (3) The Office of Personnel Management shall discuss with 
     and consider the views of the Federal Prevailing Rate 
     Advisory Committee in carrying out the Office's 
     responsibilities with respect to this paragraph.
       (b) Notwithstanding any other provision of law, no 
     prevailing rate employee described in subparagraph (B) or (C) 
     of section 5342(a)(2) of title 5, United States Code, and no 
     employee covered by section 5348 of such title, may be paid 
     during the periods for which subsection (e) is in effect at a 
     rate that exceeds the rates that would be payable under 
     subsection (a) were subsection (a) applicable to such 
     employee.
       (c) For the purposes of this section, the rates payable to 
     an employee who is covered by this section and who is paid 
     from a schedule that was not in existence on September 30, 
     1994, shall be determined under regulations prescribed by the 
     Office of Personnel Management.
       (d) Notwithstanding any other provision of law, rates of 
     premium pay for employees subject to this section may not be 
     changed from the rates in effect on September 30, 1994, 
     except to the extent determined by the Office of Personnel 
     Management to be consistent with the purpose of this section.
       (e) The provisions of this section shall apply with respect 
     to pay for services performed by any affected employee on or 
     after October 1, 1994.
       (f) For the purpose of administering any provision of law 
     (including section S431 of title 5, United States Code, and 
     any rule or regulation, that provides premium pay, 
     retirement, life insurance, or any other employee benefit) 
     that requires any deduction or contribution, or that imposes 
     any requirement or limitation, on the basis of a rate of 
     salary or basic pay, the rate of salary or basic pay payable 
     after the application of this section shall be treated as the 
     rate of salary or basic pay.
       (g) Nothing in this section shall be considered to permit 
     or require the payment in any employee covered by this 
     section at a rate in excess of the rate that would be payable 
     were this section not in effect.
       (h) The Office of Personnel Management may provide for 
     exceptions to the limitations imposed by this section if the 
     Office determines that such exceptions are necessary to 
     ensure the recruitment and retention of qualified employees.
       (i) The Office of Personnel Management may prescribe any 
     regulations which may be necessary to carry out this section.
       On page 113, line 5, strike ``in'' and insert in lieu 
     thereof ``on'';
       On page 113, line 10, insert after ``SF-86'' the words ``or 
     equivalent form'';
       On page 113, line 11, insert after ``not,'' the word 
     ``within'';
       On page 113, line 16, strike ``White House'' and insert in 
     lieu thereof ``access''.
       On page 84, line 19, strike all through page 85, line 13 
     and insert the following:
       Section 1. The allowances provided to employees at rates 
     set under section 5941 of title 5, United States Code, and 
     Executive Order Numbered 10000 as in effect on the date of 
     the enactment of this Act may not be reduced during the 
     period beginning on the date of the enactment of this Act 
     through December 31, 1996: Provided, That no later than March 
     1, 1996, the Office of Personnel Management shall conduct a 
     study and submit a report to the Congress proposing 
     appropriate changes in the method of fixing compensation for 
     affected employees, including any necessary legislative 
     changes. Such study shall include--
       (1) an examination of the pay practices of other employers 
     in the affected areas;
       (2) a consideration of alternative approaches to dealing 
     with the unusual and unique circumstances of the affected 
     areas, including modifications to the current methodology for 
     calculating allowances to take into account all costs of 
     living in the geographic areas of the affected employees; and
       (3) an evaluation of the likely impact of the different 
     approaches on the Government's ability to recruit and retain 
     a well-qualified workforce.
       For the purpose of conducting such study and preparing such 
     report, the Office may accept and utilize funds made 
     available to the Office pursuant to court approval.
                                 ______


                    MITCHELL-DOLE AMENDMENT NO. 1829

  Mr. DeCONCINI (for Mr. Mitchell, for himself and Mr. Dole) proposed 
an amendment to the bill H.R. 4539, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.   . CONGRESSIONAL AWARD PROGRAM MEDALS.

       Section 3 of the Congressional Award Act (2 U.S.C. 802) is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``gold, silver, and bronze''; and
       (B) by striking the last sentence and inserting the 
     following: ``Each medal shall consist of gold-plate over 
     bronze, rhodium over bronze, or bronze and shall be struck in 
     accordance with subsection (f).''; and
       (2) by adding at the end the following new subsection:
       ``(f) Congressional Award Program Medals.--
       ``(1) Design and striking.--The Secretary of the Treasury 
     shall strike the medals described in subsection (a) and 
     awarded by the Board under this Act. Subject to subsection 
     (a), the medals shall be of such quantity, design, and 
     specifications as the Secretary of the Treasury may 
     determine, after consultation with the Board.
       ``(2) National medals.--The medals struck pursuant to this 
     Act are national medals for purposes of chapter 51 of title 
     31, United States Code.
       ``(3) Authorization of appropriations.--There are 
     authorized to be charged against the Numismatic Public 
     Enterprise Fund such amounts as may be necessary to pay for 
     the cost of the medals struck pursuant to this Act.''.
                                 ______


                      DeCONCINI AMENDMENT NO. 1830

  Mr. DeCONCINI proposed an amendment to the bill H.R. 4539, supra; as 
follows:

       On page ____, insert between lines ____ and ____ the 
     following new section:

     SEC. ____. CUSTOMS SERVICE INSPECTORS AND CANINE ENFORCEMENT 
                   OFFICERS AS LAW ENFORCEMENT OFFICERS FOR 
                   FEDERAL RETIREMENT SYSTEMS.

       (a) Short Title.--This section may be cited as the 
     ``Customs Service Inspectors and Customs Canine Enforcement 
     Officers Retirement Act of 1994''.
       (b) Civil Service Retirement System.--
       (1) Definitions.--Section 8331 of title 5, United States 
     Code, is amended--
       (A) by striking out ``and'' at the end of paragraph (25);
       (B) by striking out the period at the end of paragraph (26) 
     and inserting in lieu thereof a semicolon; and
       (C) by adding at the end thereof the following new 
     paragraphs:
       ``(27) `customs inspector' means an employee of the United 
     States Customs Service--
       ``(A) who--
       ``(i) elects to make contributions and be covered in 
     accordance with section 4 of the Customs Service Inspectors 
     and Customs Canine Enforcement Officers Retirement Act of 
     1994; or
       ``(ii) is hired after the effective date of such Act; and
       ``(B) the duties of whose position are primarily to--
       ``(i) enforce laws and regulations governing the importing 
     and exporting of merchandise;
       ``(ii) process and control passengers and baggage;
       ``(iii) interdict smuggled merchandise and contraband; and
       ``(iv) apprehend (if warranted) persons involved in 
     violations of customs laws,

     including an employee engaged in this activity who is 
     transferred to a supervisory or administrative position; and
       ``(28) `customs canine enforcement officer' means an 
     employee of the United States Customs Service--
       ``(A) who--
       ``(i) elects to make contributions and be covered in 
     accordance with section 4 of the Customs Service Inspectors 
     and Customs Canine Enforcement Officers Retirement Act of 
     1994; or
       ``(ii) is hired after the effective date of such Act; and
       ``(B) the duties of whose position are primarily to work 
     directly with a dog in an effort to--
       ``(i) enforce laws and regulations governing the importing 
     and exporting of merchandise;
       ``(ii) process and control passengers and baggage;
       ``(iii) interdict smuggled merchandise and contraband; and
       ``(iv) apprehend (if warranted) persons involved in 
     violations of customs laws,
     including an employee engaged in this activity who is 
     transferred to a supervisory or administrative position.''.
       (2) Deductions, contributions, and deposits.--Section 8334 
     of title 5, United States Code, is amended--
       (A) in subsection (a)(1), by striking out ``a law 
     enforcement officer,'' and inserting in lieu thereof ``a law 
     enforcement officer, a customs inspector, a customs canine 
     enforcement officer,''; and
       (B) in the table in subsection (c), by striking out ``and 
     firefighter for firefighter service.'' and inserting in lieu 
     thereof ``, firefighter for firefighter service, customs 
     inspector for customs inspector service, and customs canine 
     enforcement officer for customs canine enforcement officer 
     service''.
       (3) Mandatory separation.--Section 8335(b) of title 5, 
     United States Code, is amended in the second sentence by 
     striking out ``law enforcement officer'' and inserting in 
     lieu thereof ``law enforcement officer, a customs inspector, 
     or a customs canine enforcement officer''.
       (4) Immediate retirement.--Section 8336(c)(1) of such title 
     is amended by striking out ``law enforcement officer or 
     firefighter,'' and inserting ``law enforcement officer, a 
     firefighter, a customs inspector, or a customs canine 
     enforcement officer,''.
       (c) Federal Employees Retirement System.--
       (1) Definitions.--Section 8401 of title 5, United States 
     Code, is amended--
       (A) by striking out ``and'' at the end of paragraph (31);
       (B) by striking out the period at the end of paragraph (32) 
     and inserting in lieu thereof a semicolon; and
       (C) by adding at the end thereof the following new 
     paragraphs:
       ``(33) `customs inspector' means an employee of the United 
     States Customs Service--
       ``(A) who--
       ``(i) elects to make contributions and be covered in 
     accordance with section 4 of the Customs Service Inspectors 
     and Customs Canine Enforcement Officers Retirement Act of 
     1994; or
       ``(ii) is hired after the effective date of such Act; and
       ``(B) the duties of whose position are primarily to--
       ``(i) enforce laws and regulations governing the importing 
     and exporting of merchandise;
       ``(ii) process and control passengers and baggage;
       ``(iii) interdict smuggled merchandise and contraband; and
       ``(iv) apprehend (if warranted) persons involved in 
     violations of customs laws,

     including an employee engaged in this activity who is 
     transferred to a supervisory or administrative position; and
       ``(34) `customs canine enforcement officer' means an 
     employee of the United States Customs Service--
       ``(A) who--
       ``(i) elects to make contributions and be covered in 
     accordance with section 4 of the Customs Service Inspectors 
     and Customs Canine Enforcement Officers Retirement Act of 
     1994; or
       ``(ii) is hired after the effective date of such Act; and
       ``(B) the duties of whose position are primarily to work 
     directly with a dog in an effort to--
       ``(i) enforce laws and regulations governing the importing 
     and exporting of merchandise;
       ``(ii) process and control passengers and baggage;
       ``(iii) interdict smuggled merchandise and contraband; and
       ``(iv) apprehend (if warranted) persons involved in 
     violations of customs laws,

     including an employee engaged in this activity who is 
     transferred to a supervisory or administrative position.''.
       (2) Immediate retirement.--Section 8412(d) of title 5, 
     United States Code, is amended--
       (A) in paragraph (1) by striking out ``or firefighter,'' 
     and inserting in lieu thereof ``firefighter, customs 
     inspector, or customs canine enforcement officer,''; and
       (B) in paragraph (2) by striking out ``or firefighter,'' 
     and inserting in lieu thereof ``firefighter, customs 
     inspector, or customs canine enforcement officer,''.
       (3) Computation of basic annuity.--Section 8415(g)(2) of 
     title 5, United States Code, is amended in the sentence 
     following subparagraph (B) by inserting ``customs inspector, 
     customs canine enforcement officer,'' after ``firefighter,''.
       (4) Deductions.--Section 8422(a)(2) of title 5, United 
     States Code, is amended--
       (A) in subparagraph (A) by inserting ``customs inspector, 
     customs canine enforcement officer,'' after ``air traffic 
     controller,''; and
       (B) in subparagraph (B) by inserting ``customs inspector, 
     customs canine enforcement officer,'' after ``air traffic 
     controller,''.
       (5) Government Contributions.--Section 8423(a) of title 5, 
     United States Code, is amended--
       (A) in paragraph (1)(B)(i) by inserting ``customs 
     inspectors, customs canine enforcement officers,'' after 
     ``law enforcement officers,''; and
       (B) in paragraph (3)(A) by inserting ``customs inspectors, 
     customs canine enforcement officers,'' after ``law 
     enforcement officers,''.
       (6) Mandatory separation.--Section 8425(b) of title 5, 
     United States Code, is amended in the second sentence by 
     inserting ``, customs inspector, or customs canine 
     enforcement officer'' after ``law enforcement officer''.
       (e) Inclusion of Overtime Pay as Base Pay for Customs 
     Inspectors and Customs Canine Enforcement Officers.--Section 
     8331(3) of title 5, United States Code, is amended--
       (1) in subparagraph (D) by striking out ``and'' after the 
     semicolon;
       (2) in subparagraph (E) by adding ``and'' after the 
     semicolon;
       (3) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) with respect to a customs inspector or customs canine 
     enforcement officer as defined under paragraphs (27) and 
     (28), compensation for overtime under section 5542(a), but 
     not to exceed 50 percent of any statutory maximum in overtime 
     pay for customs inspectors or customs canine enforcement 
     officers which is in effect for the year involved;''; and
       (4) in the matter following subparagraph (F) (as added by 
     paragraph (3) of this section) by striking out ``and (E)'' 
     and inserting in lieu thereof ``(E), and (F)''.
       (f) Agency Contributions for Customs Inspectors and Customs 
     Canine Enforcement Officers.--Section 13031(f)(3)(A)(i) of 
     the Consolidated Omnibus Budget Reconciliation Act of 1985 
     (19 U.S.C. 58c(f)(3)(A)(i) is amended--
       (1) by redesignating subclauses (IV) and (V) as subclauses 
     (V) and (VI), respectively; and
       (2) by inserting after subclause (III) the following new 
     subclause:

       ``(IV) paying agency contributions to the Civil Service 
     Retirement and Disability Fund to match contributions for 
     customs inspectors and customs canine enforcement officers as 
     defined under section 8331 (27) and (28), respectively, in 
     accordance with the Customs Inspectors and Customs Canine 
     Enforcement Officers Retirement Act of 1994;''.

       (g) Overtime and Premium Pay for Customs Inspectors and 
     Customs Canine Enforcement Officers.--
       (1) Overtime pay.--Section 5542(a)(4) of title 5, United 
     States Code, is amended by inserting after ``law enforcement 
     officer'' the following: ``as defined under section 8331(20) 
     or 8401(17), a customs inspector as defined under section 
     8331(27), and a customs canine enforcement officer as defined 
     under section 8331(28)''.
       (2) Limitation on premium pay.--Section 5547(c) of title 5, 
     United States Code, is amended--
       (A) in paragraph (1) by inserting ``a customs inspector as 
     defined under section 8331(27) and customs canine enforcement 
     officer as defined under section 8331(28)'' after ``law 
     enforcement officer''; and
       (B) in paragraph (2) by inserting ``a customs inspector as 
     defined under section 8331(27) and customs canine enforcement 
     officer as defined under section 8331(28)'' after ``law 
     enforcement officer''.
       (h) Administrative Provisions.--
       (1) Employee coverage.--No later than 90 days after the 
     effective date of this section, each customs inspector or 
     customs canine enforcement officer shall make an irrevocable 
     election to be covered under chapter 83 or 84 (as the case 
     may be) as amended by this section.
       (2) Employee contributions.--Any individual who has served 
     as a customs inspector or customs canine enforcement officer 
     before the effective date of this section, shall have such 
     service credited and annuities determined in accordance with 
     the amendments made by this section, if such individual makes 
     payment into the Civil Service Retirement and Disability Fund 
     of an amount, determined by the Office of Personnel 
     Management, which would have been deducted and withheld from 
     the basic pay of such individual (including interest thereon) 
     under chapters 83 and 84 of title 5, United States Code, as 
     if such amendments had been in effect during the periods of 
     such service.
       (3) Agency contributions.--No later than 90 days after a 
     payment made by an individual under paragraph (1), the 
     Department of the Treasury shall make a payment into the 
     Civil Service Retirement and Disability Fund of an amount, 
     determined by the Office of Personnel Management, which would 
     have been contributed as a Government contribution (including 
     interest thereon) under chapters 83 and 84 of title 5, United 
     States Code, for the service credited and annuities 
     determined for such individual, as if the amendments made by 
     this section had been in effect during the applicable periods 
     of service.
       (4) Regulations.--The Office of Personnel Management shall 
     determine the amount of interest to be paid under this 
     section and may promulgate regulations to carry out the 
     provisions of this section.
       (i) Rule of Construction.--No provision of this section or 
     amendment made by this section shall be construed to provide 
     for treatment of customs inspectors or canine enforcement 
     officers of the United States Customs Service as law 
     enforcement officers for any purpose other than as 
     specifically provided in such provision or amendment.
       (j) Effective Date.--The provisions of this section and 
     amendments made by this section shall take effect on the date 
     occurring 90 days after the date of enactment of this Act.

     

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