[Congressional Record Volume 142, Number 38 (Tuesday, March 19, 1996)]
[Senate]
[Pages S2332-S2334]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______


              THE 1996 BALANCED BUDGET DOWNPAYMENT ACT, II

                                 ______


                      HATFIELD AMENDMENT NO. 3553

  Mr. HATFIELD proposed an amendment to amendment No. 3466 proposed by 
him to the bill (H.R. 3019) making appropriations for fiscal year 1996 
to make a further downpayment toward a balanced budget, and for other 
purposes; as follows:

       On page 412, line 23, strike ``$497,670,001'' and insert 
     ``$498,920,000''.
       On page 412, line 24, strike ``1997,'' and insert ``1997, 
     of which $2,000,001 shall be available for 9 activities under 
     section 4 of the Endangered Species Act of 1973 (16 U.S.C. 
     1533),''.
       At the appropriate place insert the following:

     SEC.   . CONTINUED OPERATION OF AN EXISTING HYDROELECTRIC 
                   FACILITY IN MONTANA.

       (a) Notwithstanding section 10(e)(1) of the Federal Power 
     Act (16 U.S.C. 803(e)(1)) or any other law requiring payment 
     to the United States of an annual or other charge for the 
     use, occupancy, and enjoyment of land by the holder of a 
     license issued by the Federal Energy Regulatory Commission 
     under part I of the Federal Power Act (16 U.S.C. 792 et seq.) 
     for project numbered 1473, provided that the current licensee 
     receives no payment or consideration for the transfer of the 
     license a political subdivision of the State of Montana that 
     accepts the license--
       (1) shall not be required to pay such charges during the 5-
     year period following the date of acceptance; and
       (2) after that 5-year period, and for so long as the 
     political subdivision holds the license, shall not be 
     required to pay such charges that exceed 100 percentum of the 
     net revenues derived from the sale of electric power from the 
     project.
       (b) The provisions of subsection (a) shall not be effective 
     if:
       (1) a competing license application is filed within 90 days 
     of the date of enactment of this act, or
       (2) the Federal Energy Regulatory Commission issues an 
     order within 90 days of the date of enactment of this act 
     which makes a determination that in the absence of the 
     reduction in charges provided by subsection (a) the license 
     transfer will occur.
       On page 577, between lines 23 and 24, insert the following 
     new section:
       Sec.   . Notwithstanding any other provision of law, in the 
     case where payment has been made by a State under title XIX 
     of the Social Security Act between December 31, 1993, and 
     December 31, 1995, to a State-operated psychiatric hospital 
     for services provided directly by the hospital or by 
     providers under contract or agreement with the hospital, and 
     the Secretary of Health and Human Services has notified the 
     State that the Secretary intends to defer the determination 
     of claims for reimbursement related to such payment but for 
     which a deferral of such claims has not been taken as of 
     March 1, 1996, (or, if such claims have been deferred as of 
     such date, such claims have not been disallowed by such 
     date), the Secretary shall--
       (1) if, as of the date of the enactment of this title, such 
     claims have been formally deferred or disallowed, discontinue 
     any such action, and if a disallowance of such claims has 
     been taken as of such date, rescind any payment reductions 
     effected;
       (2) not initiate any deferral or disallowance proceeding 
     related to such claims; and
       (3) allow reimbursement of such claims.
       At the end of the general provisions in chapter 8 (relating 
     to the Department of Defense) of title II (relating to 
     emergency supplemental appropriations for fiscal year 1996), 
     add the following:
       Sec. 804. (a)(1) Section 1177 of title 10, United States 
     Code, relating to mandatory discharge or retirement of 
     members of the Armed Forces infected with HIV-1 virus, is 
     repealed.
       (2) The table of sections at the beginning of chapter 59 of 
     such title is amended by striking out the item relating to 
     section 1177.
       (b) Subsection (b) of section 567 of the National Defense 
     Authorization Act for Fiscal year 1996 is repealed.
       On page 754, before the heading on line 5, insert the 
     following:


                          (transfer of funds)

       Sec.   . Of the funds appropriated or otherwise made 
     available in title IV of the Department of Defense 
     Appropriations Act, 1996 (Public Law 104-61) under the 
     paragraph ``Research Development, Test, and Evaluation, Air 
     Force'', $44,900,000 are transferred to and merged with funds 
     appropriated or otherwise made available under title II of 
     that Act under the paragraph ``Operation and Maintenance, Air 
     Force'' and shall be available for obligation and expenditure 
     for the operation and maintenance of 94 B-52H bomber aircraft 
     in active status or in attrition reserve.
       On page 754, before the heading on line 5, insert:
       Sec.   . Of the funds made available in Public Law 104-61 
     under the heading ``Research, Development, Test, and 
     Evaluation, Defensewide'', $500,000 of the funds provided for 
     the Advanced Research Projects Agency may be available to 
     purchase photographic technology to support research in 
     detonation physics: Provided, That the Director of Defense 
     Research and Engineering shall provide the congressional 
     defense committees on Appropriations with a plan for the 
     acquisition and use of this instrument no later than April 
     29, 1996.
       On page 754, before the heading on line 5, insert:
       Sec.   . Of the funds made available in Public Law 104-61 
     under the heading ``Research, Development, Test, and 
     Evaluation, Defensewide'', up to $2,000,000 of the funds 
     provided for the Joint DOD-DOE Munitions Technology 
     Development program element shall be used to develop and test 
     an open-architecture machine tool controller.
       On page 770, after line 4 of the Committee substitute, 
     insert the following new section:
       Sec.   . The Secretary shall advance emergency relief funds 
     to the State of Missouri for the replacement in kind of the 
     Hannibal Bridge on the Mississippi River damaged by the 1993 
     floods notwithstanding the provisions of section 125 of title 
     23, United States Code: Provided, That this provision shall 
     be subject to the Federal Share provisions of section 120, 
     title 123, of United States Code.
       On page 643, after line 3 of the Committee substitute, 
     insert the following new paragraph:
       Of the amount made available under this heading, 
     notwithstanding any other provision of law, $13,000,000 shall 
     be for a grant to Watertown, South Dakota for the 
     construction of wastewater treatment facilities.

     SEC.   . SENSE OF THE SENATE REGARDING THE BUDGET TREATMENT 
                   OF FEDERAL DISASTER ASSISTANCE.

       Sense of the Senate.--It is the Sense of the Senate that 
     the Conference on S. 1594, making Omnibus Consolidated 
     Rescissions & Appropriations for Fiscal Year ending September 
     30, 1996, and for other purposes, shall find sufficient 
     funding reductions to offset the costs of providing any 
     federal disaster assistance.

     SEC.   . SENSE OF THE SENATE REGARDING THE BUDGET TREATMENT 
                   OF FEDERAL DISASTER ASSISTANCE.

       Sense of the Senate.--It is the Sense of the Senate that 
     Congress and the relevant committees of the Senate shall 
     examine the manner in which federal disaster assistance is 
     provided and develop a long-term funding plan for the 
     budgetary treatment of any federal assistance, providing for 
     such funds out

[[Page S2333]]

     of existing budget allocation rather than taking the 
     expenditures off budget and adding to the federal deficit.
       Sec.  None of the funds made available by this Act or any 
     previous Act shall be expended if such expenditure would 
     cause total fiscal year 1996 non-defense discretionary 
     expenditures for:
       Agriculture, rural development and related programs or 
     activities contained in this or prior year Acts to exceed 
     $13,581,000,000;
       Commerce, Justice, State, the Judiciary and related 
     programs or activities contained in this or prior year Acts 
     to exceed $23,762,000,000;
       Energy and water development programs or activities 
     contained in this or prior year Acts to exceed 
     $9,272,000,000;
       Foreign operations programs or activities contained in this 
     or prior year Acts to exceed $13,867,000,000;
       Interior and related programs or activities contained in 
     this or prior year Acts to exceed $13,215,000,000;
       Labor, health and human services, education and related 
     programs or activities contained in this or prior year Acts 
     to exceed $68,565,000,000;
       Transportation and related programs or activities contained 
     in this or prior year Acts to exceed $36,756,000,000; and
       Veterans Affairs, Housing and independent agencies' 
     programs or activities contained in this or prior year Acts 
     to exceed $74,270,000,000: Provided, That the President shall 
     report to the Committees on Appropriations within 30 days of 
     the enactment into law of this Act on the implementation of 
     this section: Provided further, That no more than 50 percent 
     of the funds appropriated or otherwise made available for 
     obligation for non-defense programs and activities in title 
     II--Emergency Appropriations--of this Act and containing an 
     emergency designation shall be expended until the report 
     mentioned in the preceding proviso is transmitted to the 
     Committees on Appropriations.
       At the appropriate place in the bill insert the following:

     SECTION 1. DESIGNATION.

       The Walla Walla Veterans Medical Center located at 77 
     Wainwright Drive, Walla Walla, Washington, shall be known as 
     designated as the ``Jonathan M. Wainwright Memorial VA 
     Medical Center.''

     SEC. 2 REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the Walla Walla 
     Veterans Medical Center referred to in section 1 shall be 
     deemed to be a reference to the ``Jonathan M. Wainwright 
     Memorial VA Medical Center.''
       On page 39, above the title on line 10, insert the 
     following:
       Sec.   . (a) State Compatibility With Federal Bureau of 
     Investigation Systems.--(1) The Attorney General shall make 
     funds available to the chief executive officer of each State 
     to carry out the activities described in paragraph (2).
       (2) Uses.--The executive officer of each State shall use 
     the funds made available under this subsection in conjunction 
     with units of local government, other States, or combination 
     thereof, to carry out all or part of a program to establish, 
     develop, update, or upgrade--
       (A) computerized identification systems that are compatible 
     and integrated with the databases of the National Crime 
     Information Center of the Federal Bureau of Investigation;
       (B) ballistics identification programs that are compatible 
     and integrated with the Drugfire Program of the Federal 
     Bureau of Investigation;
       (C) the capability to analyze deoxyribonucleic acid (DNA) 
     in a forensic laboratory in ways that are compatible and 
     integrated with the combined DNA Identification System 
     (CODIS) of the Federal Bureau of Investigation; and
       (D) automated fingerprint identification systems that are 
     compatible and integrated with the Integrated Automated 
     Fingerprint Identification System (IAFIS) of the Federal 
     Bureau of Investigation.
       (b) Eligibility.--To be eligible to receive a grant under 
     this section, a State shall require that each person 
     convicted of a felony of a sexual nature shall provide a 
     sample of blood, saliva, or other specimen necessary to 
     conduct a DNA analysis consistent with the standards 
     established for DNA testing by the Director of the Federal 
     Bureau of Investigation.
       (c) Interstate Compacts.--A State may enter into a compact 
     or compacts with another State or States to carry out this 
     section.
       (d) Allocation.--The Attorney General shall allocate the 
     funds appropriated under subsection (e) to each State based 
     on the following formula:
       (1) .25 percent shall be allocated to each of the 
     participating States.
       (2) Of the total funds remaining after the allocation under 
     paragraph (1), each State shall be allocated an amount that 
     bears the same ratio to the amount of such funds as the 
     population of such State bears to the population of all 
     States
       (3) Appropriation.--$11,800,000 is appropriated to carry 
     out the provisions in this section and shall remain available 
     until expended.
       On page 755, above the title on line 3, insert the 
     following:

       Foreign Operations, Export Financing, and Related Programs

                    Export and Investment Assistance

                Export-Import Bank of the United States


                         subsidy appropriation

                              (RESCISSION)

       Of the funds made available under this heading in Public 
     Law 104-107, $25,000,000 are rescinded.

     SEC.   . PLAN FOR ALLOCATION OF HEALTH CARE RESOURCES BY 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) Plan.--(1) The Secretary of Veterans Affairs shall 
     develop a plan for the allocation of health care resources 
     (including personnel and funds) of the Department of Veterans 
     Affairs among the health care facilities of the Department so 
     as to ensure that veterans having similar economic status, 
     eligibility priority and, or, similar medical conditions who 
     are eligible for medical care in such facilities have similar 
     access to such care in such facilities regardless of the 
     region of the United States in which such veterans reside.
       (2) The Plan shall reflect, to the maximum extent possible, 
     the Veterans Integrated Service Network, as well as the 
     Resource Planning and Management System developed by the 
     Department of Veterans Affairs to account for forecasts in 
     expected workload and to ensure fairness to facilities that 
     provide cost-efficient health care, and shall include 
     procedures to identify reasons for variations in operating 
     costs among similar facilities and ways to improve the 
     allocation of resources so as to promote efficient use of 
     resources and provision of quality health care.
       (3) The Secretary shall prepare the plan in consultation 
     with the Under Secretary of Health of the Department of 
     Veterans Affairs.
       (b) Plan Elements.--The plan under subsection (a) shall set 
     forth--
       (1) milestones for achieving the goal referred to in that 
     subsection; and
       (2) a means of evaluating the success of the Secretary in 
     meeting the goals through the plan.
       (c) Submittal to Congress.--The Secretary shall submit to 
     Congress the plan developed under subsection (a) not later 
     than 180 days after the date of the enactment of this Act.
       (d) Plan Implementation.--The Secretary shall implement the 
     plan developed under subsection (a) within 60 days of 
     submitting such plan to Congress under subsection (b), unless 
     within such period the Secretary notifies the appropriate 
     Committees of Congress that such plan will not be implemented 
     along with an explanation of why such plan will not be 
     implemented.
       On page 461, line 14, of the pending Hatfield amendment, 
     insert the following, before the period:
       ``: Provided, That of funds available under this heading 
     for Pacific Northwest Assistance in this or prior 
     appropriations acts, $200,000 shall be provided to the World 
     Forestry Center for purposes of continuing scientific 
     research and other authorized efforts regarding the land 
     exchange efforts in the Umpqua River Basin Region''.
       On page 756, between lines 10 and 11, insert the following:

     SEC. 1103. ALLOCATION OF FUNDS.

       Notwithstanding any other provision of this title, funds 
     made available under this title for emergency or disaster 
     assistance programs of the Department of Agriculture, 
     Department of Housing and Urban Development, Economic 
     Development Administration, National Park Service, Small 
     Business Administration, and United States Fish and Wildlife 
     Service shall be allocated in accordance with the established 
     prioritization process of the respective Department, 
     Administration, or Service.
       In the modification to amendment No. 3466, identified as 
     section 3006, change the instructions to read, ``On page 754, 
     after line 19, insert:'';
       In the modification to amendment No. 3466, identified as 
     section 3007, insert the following instructions: ``On page 
     754, before the heading on line 5, insert:''
       In amendment No. 3510, change the instructions to read, 
     ``On page 754, before the heading on line 5, insert:''.
       At the appropriate place, insert the following new section:

     SEC.   . COMPOSITION OF NATIONAL COMMISSION ON RESTRUCTURING 
                   THE INTERNAL REVENUE SERVICE.

       (a) In General.--Section 637(b)(2) of the Treasury, Postal 
     Service, and General Government Appropriations Act, 1996 
     (Public Law 104-52, 109 Stat. 509) is amended--
       (1) by striking ``thirteen'' and inserting ``seventeen'', 
     and
       (2) in subparagraphs (B) and (D)--
       (A) by striking ``Two'' and inserting ``Four'', and
       (B) by striking ``one from private life'' and inserting 
     ``three from private life''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Treasury, Postal Service, and General Government 
     Appropriations Act, 1996.
                                 ______


                       McCAIN AMENDMENT NO. 3554

  Mr. McCAIN proposed an amendment to amendment No. 3553 proposed by 
Mr. Hatfield to amendment No. 3466 proposed by Mr. Hatfield to the bill 
H.R. 3019, supra; as follows:

       On page 13, line 5 of amendment No. 3553, strike ``shall'' 
     and insert ``may''.

[[Page S2334]]



                    AUTHORITY FOR COMMITTEES TO MEET


                      committee on armed services

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Committee 
on Armed Services be authorized to meet at 10 a.m. on Tuesday, March 
19, 1996, to receive testimony from the unified commanders on their 
military strategies, operational requirements, and the Defense 
authorization request for fiscal year 1997 and the future years defense 
program.
  The PRESIDING OFFICER. Without objection, it is so ordered.


            committee on banking, housing, and urban affairs

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Committee 
on Banking, Housing, and Urban Affairs be authorized to meet during the 
session of the Senate on Tuesday, March 19, 1996, to conduct a 
nominations hearing of the following nominees: Stuart E. Eizenstat, of 
Maryland, to be under Secretary of Commerce for International Trade; 
and Gaston L. Gianni, Jr. of Virginia, to be Inspector General, Federal 
Deposit Insurance Corporation.
  The PRESIDING OFFICER. Without objection, it is so ordered.


           committee on commerce, science, and transportation

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Committee 
on Commerce, Science, and Transportation be allowed to meet during the 
Tuesday, March 19, 1996, session of the Senate for the purpose of 
conducting a hearing on oversight of the Federal Communications 
Commission.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       committee on the judiciary

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Committee 
on the Judiciary be authorized to meet during the session of the Senate 
on Tuesday, March 19, 1996, at 10 a.m. in SD-226 to hold a hearing on 
``Reauthorization of the Hate Crimes Statistics Act.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    select committee on intelligence

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Select 
Committee on Intelligence be authorized to meet during the session of 
the Senate on Tuesday, March 19, 1996, at 9 a.m. in SH-216 to hold an 
open hearing on intelligence matters.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     subcommittee on investigations

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Permanent 
Subcommittee on Investigations of the Committee on Governmental 
Affairs, be authorized to meet during the session of the Senate on 
Tuesday, March 19, 1996, to hold hearings on the Asset Forfeiture 
Program--A Case Study of the Bicycle Club Casino.
  The PRESIDING OFFICER. Without objection, it is so ordered.


          subcommittee on near eastern and south asian affairs

  Mr. GRAMS. Mr. President, I ask unanimous consent that the 
Subcommittee on Near Eastern and South Asian Affairs of the Committee 
on Foreign Relations be authorized to meet during the session of the 
Senate on Tuesday, March 19, 1996, at 10 a.m. to hold hearings.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                        subcommittee on seapower

  Mr. GRAMS. Mr. President, I ask unanimous consent that the 
Subcommittee on Seapower of the Committee on Armed Services authorized 
to meet at 9 a.m. on Tuesday, March 19, 1996 in open session, to 
receive testimony on Department of Navy Expeditionary Warfare Programs 
in review of the Defense authorization request for fiscal year 1997 and 
the future years Defense program.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________