[Congressional Record Volume 142, Number 103 (Friday, July 12, 1996)]
[Senate]
[Pages S7832-S7834]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     REID AMENDMENTS NOS. 4551-4560

  (Ordered to lie on the table.)
  Mr. REID submitted 10 amendments intended to be proposed by him to 
the bill, S. 1894, supra; as follows:

                           Amendment No. 4551

       On page 25, line 5, strike out ``$2,944,519,000'' and 
     insert in lieu thereof ``$2,897,119,000''.
                                                                    ____


                           Amendment No. 4552

       On page 25, line 5, strike out ``$2,944,519,000'' and 
     insert in lieu thereof ``$2,909,619,000''.
                                                                    ____


                           Amendment No. 4553

       On page 25, line 5, strike out ``$2,944,519,000'' and 
     insert in lieu thereof ``$2,917,619,000''.
                                                                    ____


                           Amendment No. 4554

       On page 25, line 5, strike out ``$2,944,519,000'' and 
     insert in lieu thereof ``$2,934,519,000''.
                                                                    ____


                           Amendment No. 4555

       On page 26, line 10, strike out ``$6,630,370,000'' and 
     insert in lieu thereof ``$5,955,132,000''.
                                                                    ____


                           Amendment No. 4556

       On page 26, line 10, strike out ``$6,630,370,000'' and 
     insert in lieu thereof ``$6,027,132,000''.
                                                                    ____


                           Amendment No. 4557

       On page 26, line 10, strike out ``$6,630,370,000'' and 
     insert in lieu thereof ``$6,237,132,000''.
                                                                    ____


                           Amendment No. 4558

       On page 26, line 10, strike out ``$6,630,370,000'' and 
     insert in lieu thereof ``$6,441,632,000''.
                                                                    ____


                           Amendment No. 4559

       On page 26, line 10, strike out ``$6,630,370,000'' and 
     insert in lieu thereof ``$6,522,970,000''.
                                                                    ____


                           Amendment No. 4560

       On page 25, line 5, strike out ``$2,944,519,000'' and 
     insert in lieu thereof ``$2,888,119,000''.
                                 ______
                                 

                        GREGG AMENDMENT NO. 4561

  (Ordered to lie on the table.)
  Mr. GREGG submitted an amendment intended to be proposed by him to 
the bill, S. 1894, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC.  . CONGRESSIONAL, PRESIDENTIAL, AND JUDICIAL PENSION 
                   FORFEITURE.

       (a) Short Title.--This section may be cited as the 
     ``Congressional, Presidential, and Judicial Pension 
     Forfeiture Act''.
       (b) Conviction of Certain Offenses.--
       (1) In general.--Section 8312(a) of title 5, United States 
     Code, is amended--
       (A) by striking ``or'' at the end of paragraph (1);
       (B) by striking the period at the end of paragraph (2) and 
     inserting ``; or'';
       (C) by adding after paragraph (2) the following new 
     paragraph:
       ``(3) is convicted of an offense named by subsection (d), 
     to the extent provided by that subsection.'';
       (D) by striking ``and'' at the end of subparagraph (A);
       (E) by striking the period at the end of subparagraph (B) 
     and inserting ``; and''; and
       (F) by adding after subparagraph (B) the following new 
     subparagraph:
       ``(C) with respect to the offenses named by subsection (d) 
     of this section, to the period after the date of the 
     conviction.''.
       (2) Identification of offenses.--Section 8312 of title 5, 
     United States Code, is amended--
       (A) by redesignating subsection (d) as subsection (e); and
       (B) by inserting after subsection (c) the following new 
     subsection:
       ``(d)(1) The offenses under paragraph (2) are the offenses 
     to which subsection (a) of this section applies, but only 
     if--
       ``(A) the individual is convicted of such offense committed 
     after the date of the enactment of the Congressional, 
     Presidential, and Judicial Pension Forfeiture Act;
       (B) the individual was a Member of Congress (including the 
     Vice President), a congressional employee, or a Federal 
     justice or judge at the time of committing the offense; and
       ``(C) the offense is punishable by imprisonment for more 
     than 1 year.
       ``(2) The offenses under this paragraph are as follows:
       ``(A) An offense within the purview of--
       ``(i) section 201 of title 18 (bribery of public officials 
     and witnesses);
       ``(ii) section 203 of title 18 (compensation to Members of 
     Congress, officers, and others in matters affecting the 
     Government);
       ``(iii) section 204 of title 18 (practice in United States 
     Court of Federal Claims or the United States Court of Appeals 
     for the Federal Circuit by Members of Congress);
       ``(iv) section 219 of title 18 (officers and employees 
     acting as agents of foreign principals);
       ``(v) section 286 of title 18 (conspiracy to defraud the 
     Government with respect to claims);
       ``(vi) section 287 of title 18 (false, fictitious, or 
     fraudulent claims);
       ``(vii) section 371 of title 18 (conspiracy to commit 
     offense or to defraud the United States;
       ``(viii) section 597 of title 18 (expenditures to influence 
     voting);
       ``(ix) section 599 of title 18 (promise of appointment by 
     candidate);
       ``(x) section 602 of title 18 (solicitation of political 
     contributions);
       ``(xi) section 606 of title 18 (intimidation to secure 
     political contributions);
       ``(xii) section 607 of title 18 (place of solicitation);
       ``(xiii) section 641 of title 18 (public money, property or 
     records); or
       ``(xiv) section 1001 of title 18 (statements or entries 
     generally).
       ``(B) Perjury committed under the statutes of the United 
     States in falsely denying the commission of an act which 
     constitutes an offense within the purview of a statute named 
     by subparagraph (A).
       ``(C) Subornation of perjury committed in connection with 
     the false denial of another individual as specified by 
     subparagraph (B).''.
       (c) Absence From the United States To Avoid Prosecution.--
       (1) In general.--Section 8313 of title 5, United States 
     Code, is amended--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following new 
     subsection:
       ``(b) An individual, or his survivor or beneficiary, may 
     not be paid annuity or retired pay on the basis of the 
     service of the individual which is creditable toward the 
     annuity or retired pay, subject to the exceptions in section 
     8311 (2) and (3) of this title, if the individual--
       ``(1) is under indictment, after the date of the enactment 
     of the Congressional, Presidential, and Judicial Pension 
     Forfeiture Act, for an offense named by section 8312(d)(2) of 
     this title, but only if such offense satisfies section 
     8312(d)(1)(C) of this title;
       ``(2) willfully remains outside the United States, or its 
     territories and possessions including the Commonwealth of 
     Puerto Rico, for more than 1 year with knowledge of the 
     indictment or charges, as the case may be; and
       ``(3) is an individual described in section 
     8312(d)(1)(B).''.
       (2) Conforming amendment.--Subsection (c) of section 8313 
     of title 5, United States Code (as redesignated under 
     paragraph (1)(A)) is amended by inserting ``or (b)'' after 
     ``subsection (a)''.
       (d) Refund of Contributions and Deposits.--Section 8316(b) 
     of title 5, United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) if the individual was convicted of an offense named 
     by section 8312(d) of this title, for the period after the 
     conviction of the violation.''.
       (e) Forfeiture of Presidential Allowance.--Subsection (a) 
     of the first section of the Act entitled ``An Act to provide 
     retirement, clerical assistance, and free mailing privileges 
     to former Presidents of the United States, and for other 
     purposes'', approved August 25, 1958 (Public Law 85-745; 72 
     Stat. 838; 3 U.S.C. 102 note) is amended--
       (1) by striking ``Each former President'' and inserting 
     ``(1) Subject to paragraph (2), each former President''; and
       (2) by inserting at the end the following new paragraph:
       ``(2) The allowance payable to an individual under 
     paragraph (1) shall be forfeited if--
       ``(A) the individual is convicted of an offense described 
     under section 8312(d)(2) of title 5, United States Code, 
     committed after the date of the enactment of the 
     Congressional, Presidential, and Judicial Pension Forfeiture 
     Act;
       ``(B) such individual committed such offense during the 
     individual's term of office as President; and

[[Page S7833]]

       ``(C) the offense is punishable by imprisonment for more 
     than 1 year.''.
                                 ______
                                 

                        GREGG AMENDMENT NO. 4562

  (Ordered to lie on the table.)
  Mr. GREGG submitted an amendment intended to proposed by him to the 
bill, S. 1894, supra; as follows:

       In the pending amendment, strike all after the first word 
     and insert:

     CONGRESSIONAL, PRESIDENTIAL, AND JUDICIAL PENSION FORFEITURE.

       (a) Short Title.--This section may be cited as the 
     ``Congressional, Presidential, and Judicial Pension 
     Forfeiture Act''.
       (b) Conviction of Certain Offenses.--
       (1) In general.--Section 8312(a) of title 5, United States 
     Code, is amended--
       (A) by striking ``or'' at the end of paragraph (1);
       (B) by striking the period at the end of paragraph (2) and 
     inserting ``; or'';
       (C) by adding after paragraph (2) the following new 
     paragraph:
       ``(3) is convicted of an offense named by subsection (d), 
     to the extent provided by that subsection.'';
       (D) by striking ``and'' at the end of subparagraph (A);
       (E) by striking the period at the end of subparagraph (B) 
     and inserting ``; and''; and
       (F) by adding after subparagraph (B) the following new 
     subparagraph:
       ``(C) with respect to the offenses named by subsection (d) 
     of this section, to the period after the date of the 
     conviction.''.
       (2) Identification of offenses.--Section 8312 of title 5, 
     United States Code, is amended--
       (A) by redesignating subsection (d) as subsection (e); and
       (B) by inserting after subsection (c) the following new 
     subsection:
       ``(d)(1) The offenses under paragraph (2) are the offenses 
     to which subsection (a) of this section applies, but only 
     if--
       ``(A) the individual is convicted of such offense committed 
     after the date of the enactment of the Congressional, 
     Presidential, and Judicial Pension Forfeiture Act;
       ``(B) the individual was a Member of Congress (including 
     the Vice President), a congressional employee, or a Federal 
     justice or judge at the time of committing the offense; and
       ``(C) the offense is punishable by imprisonment for more 
     than 1 year.
       ``(2) The offenses under this paragraph are as follows:
       ``(A) An offense within the purview of--
       ``(i) section 201 of title 18 (bribery of public officials 
     and witnesses);
       ``(ii) section 203 of title 18 (compensation of Members of 
     Congress, officers, and others in matters affecting the 
     Government);
       ``(iii) section 204 of title 18 (practice in United States 
     Court of Federal Claims or the United States Court of Appeals 
     for the Federal Circuit by Members of Congress);
       ``(iv) section 219 of title 18 (officers and employees 
     acting as agents of foreign principals);
       ``(v) section 286 of title 18 (conspiracy to defraud the 
     Government with respect to claims);
       ``(vi) section 287 of title 18 (false, fictitious, or 
     fraudulent claims);
       ``(vii) section 371 of title 18 (conspiracy to commit 
     offense or to defraud the United States;
       (viii) section 597 of title 18 (expenditures to influence 
     voting);
       ``(ix) section 599 of title 18 (promise of appointment by 
     candidate);
       ``(x) section 602 of title 18 (solicitation of political 
     contributions);
       ``(xi) section 606 of title 18 (intimidation to secure 
     political contributions);
       ``(xii) section 607 of title 18 (place of solicitation);
       ``(xiii) section 641 of title 18 (public money, property or 
     records); or
       ``(xiv) section 1001 of title 18 (statements or entries 
     generally).
       ``(B) Perjury committed under the statutes of the United 
     States in falsely denying the commission of an act which 
     constitutes an offense within the purview of a statute named 
     by subparagraph (A).
       ``(C) Subornation of perjury committed in connection with 
     the false denial of another individual as specified by 
     subparagraph (B).''.
       (c) Absence From the United States to Avoid Prosecution.--
       (1) In general.--Section 8313 of title 5, United States 
     Code, is amended--
       (A) by redesigning subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following new 
     subsection:
       ``(b) An individual, or his survivor or beneficiary, may 
     not be paid annuity or retired pay on the basis of the 
     service of the individual which is creditable toward the 
     annuity or retired pay, subject to the exceptions in section 
     8311 (2) and (3) of this title, if the individual--
       ``(1) is under indictment, after the date of the enactment 
     of the Congressional, Presidential, and Judicial Pension 
     Forfeiture Act, for an offense named by section 8312(d)(2) of 
     this title, but only if such offense satisfies section 
     8312(d)(1)(C) of this title;
       ``(2) willfully remains outside the United States, or its 
     territories and possessions including the Commonwealth of 
     Puerto Rico, for more than 1 year with knowledge of the 
     indictment or charges, as the case may be; and
       ``(3) is an individual described in section 
     8312(d)(1)(B).''.
       (2) Conforming amendment.--Subsection (c) of section 8313 
     of title 5, United States Code (as redesignated under 
     paragraph (1)(A)) is amended by inserting ``or (b)'' after 
     ``subsection (a)''.
       (3) Refund of Contributions and Deposits.--
       Section 8316(b) of title 5, United States Code is amended--
       (1) by striking ``or'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) if the individual was convicted of an offense named 
     by section 8312(d) of this title for the period after the 
     conviction of the violation.''.
       (e) Forfeiture of Presidential Allowance.--Subsection (a) 
     of the first section of the Act entitled ``An Act to provide 
     retirement, clerical assistance, and free mailing privileges 
     to former Presidents of the United States, and for other 
     purposes'', approved August 25, 1958 (Public Law 85-745; 72 
     Stat. 838; 3 U.S.C. 102 note) is amended--
       (1) by striking ``Each former President'' and inserting 
     ``(1) Subject to paragraph (2) each former President''; and
       (2) by inserting at the end the following new paragraph:
       ``(2) The allowance payable to an individual under 
     paragraph (1) shall be forfeited if--
       ``(A) the individual is convicted of an offense described 
     under section 8312(d)(2) of title 5, United States Code, 
     committed after the date of the enactment of the 
     Congressional, Presidential, and Judicial Pension Forfeiture 
     Act;
       ``(B) such individual committed such offense during the 
     individual's term of office as President; and
       ``(C) the offense is punishable by imprisonment for more 
     than 1 year.''.
       This section shall become effective 1 day after the date of 
     enactment.
                                                                    ____


                           Amendment No. 4563

       On page 30, line 2, before the period, insert: ``: 
     Provided, That not less than $1,000,000 of the funds 
     appropriated in this paragraph shall be made available only 
     to assess the budgetary, cost, technical, operational, 
     training, and safety issues associated with a decision to 
     eliminate development of the F-22B two-seat training variant 
     of the F-22 advanced tactical fighter: Provided further, That 
     the assessment required by the preceding proviso shall be 
     submitted, in classified and unclassified versions, by the 
     Secretary of the Air Force to the Congressional defense 
     committees not later than February 15, 1997''.
                                                                    ____


                           Amendment No. 4564

       At the appropriate place in the bill, add the following 
     general provision:
       Sec.  . (a) The Secretary of the Air Force and the Director 
     of the Office of Personnel Management shall submit a joint 
     report describing in detail the benefits, allowances, 
     services, and any other forms of assistance which may or 
     shall be provided to any civilian employee of the Federal 
     government or to any private citizen, or to the family of 
     such an individual, who is injured or killed while traveling 
     on an aircraft owned, leased, chartered, or operated by the 
     Government of the United States.
       (b) The report required by subsection (a) above shall be 
     submitted to the Congressional defense committees and to the 
     Committee on Governmental Affairs of the Senate and the 
     Committee on Government Reform and Oversight of the House of 
     Representatives not later than December 15, 1996.
                                 ______
                                 

                       CHAFEE AMENDMENT NO. 4565

  (Ordered to lie on the table.)
  Mr. STEVENS (for Mr. Chafee) submitted an amendment intended to be 
proposed by him to the bill, S. 1894, supra; as follows:

       Before the period on page 30, line 13, insert: ``: Provided 
     further, That of the funds appropriated under this heading, 
     $3,000,000 shall be available for a defense technology 
     transfer pilot program''.
                                 ______
                                 

                        LOTT AMENDMENT NO. 4566

  (Ordered to lie on the table.)
  Mr. STEVENS (for Mr. Lott) submitted an amendment intended to be 
proposed by him to the bill, S. 1894, supra; as follows:

       Before the period on page 30, line 13, insert: ``: Provided 
     further, That of the funds appropriated under this heading, 
     $50,000,000 shall be available for the Maritime Technology 
     program and $3,580,000 shall be available for the Focused 
     Research Initiatives program''.
                                 ______
                                 

                        PELL AMENDMENT NO. 4567

  (Ordered to lie on the table.)
  Mr. STEVENS (for Mr. Pell) submitted an amendment intended to be 
proposed by him to the bill, S. 1894, supra; as follows:

       On page 88, between lines 7 and 8, insert the following: 
     ``Provided further, That of the funds appropriated under this 
     heading, $4,000,000 of the available funds shall be available 
     only for the establishment of the

[[Page S7834]]

     National Coastal Data Centers required by section 7901(c) of 
     title 10, United States Code, as added by the National 
     Defense Authorization Act for Fiscal Year 1997.''
                                 ______
                                 

                    MOSELEY-BRAUN AMENDMENT NO. 4568

  (Ordered to lie on the table.)
  Ms. MOSELEY-BRAUN submitted an amendment intended to be proposed by 
her to the bill, S. 1894, supra; as follows:

       At the appropriate place, insert the following: Any college 
     or university that receives federal funding under this bill 
     must report annually to the Office of Management and Budget 
     on the average cost of tuition at their school for that year 
     and the previous two years.

                          ____________________