[Congressional Record Volume 142, Number 104 (Tuesday, July 16, 1996)]
[House]
[Pages H7658-H7660]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 3756

                         Offered By: Mr. Durbin

       Amendment No. 6: Page 15, beginning on line 10, strike 
     ``for felons convicted of a violent crime, firearms 
     violations, or drug-related crimes''.

                               H.R. 3756

                       Offered By: Mr. Gutknecht

       Amendment No. 7: Page 118, after line 16, insert the 
     following new section:
       Sec. 637. Each amount appropriated or otherwise made 
     available by Titles I through VI of this Act that is not 
     required to be appropriated or otherwise made available by a 
     provision of law is hereby reduced by 1.9 percent.

                               H.R. 3756

                        Offered By: Mr. Kingston

       Amendment No. 8: Page 119, after line 8, insert the 
     following new title:

               TITLE VIII--ADDITIONAL GENERAL PROVISIONS

       Sec. 801. None of the funds made available in this Act may 
     be used to issue, implement, administer, or enforce the 
     amendments to the Customs regulations pertaining to field 
     organization proposed by the United States Customs Service 
     and published in the Federal Register on June 17, 1996 (61 
     Fed. Reg. 30552-30553).

                               H.R. 3756

                         Offered By: Ms. Lowey

       Amendment No. 9: Page 73, strike lines 1 through 9 
     (sections 518 and 519).

                               H.R. 3756

                         Offered By: Mr. Salmon

       Amendment No. 10: Page 33, line 13, insert after 
     ``$44,193,000'' the following: ``(reduced by $500,000)''.

[[Page H7659]]

                               H.R. 3814

                        Offered By: Mr. Andrews

       Amendment No. 1: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec.  . (a) Limitation on Use of Funds for Certain 
     Department of Justice Projects.--None of the funds made 
     available in this Act may be used to provide to a State more 
     than $100,000 in Federal assistance for any substance abuse 
     counseling project under the residential substance abuse 
     treatment for States prisoners program, except when it is 
     made known to the Federal official having authority to 
     obligate or expend such funds that--
       (1) at least 30 days before entering a contract or 
     agreement with a private business entity for the performance 
     of work usually performed by employees of a State under which 
     the State will obligate more than $100,000, the State has 
     conducted and submitted a cost-benefit analysis of the 
     project;
       (2) the cost-benefit analysis includes a detailed 
     description of--
       (A) the costs of labor;
       (B) the costs of employer-provided fringe benefits;
       (C) the costs of equipment or materials, whether supplied 
     by the State or private contractor;
       (D) the costs directly attributable to transferring the 
     work being performed by State employees to a private business 
     entity;
       (E) the costs of administering and inspecting the 
     contracted service; and
       (F) the costs of any anticipated unemployment compensation 
     or other benefits which are likely to be paid to State 
     employees who are displaced as a result of the contracted 
     service;
       (3) the cost-benefit analysis includes an analysis of 
     whether it is more cost effective to use employees of a 
     private business entity than to use State employees to 
     perform the work required;
       (4) the cost-benefit analysis is accompanied by an analysis 
     of the State's finances and personnel and an analysis of the 
     ability of the State to reassume the contracted service if 
     contracting of the service ceases to serve the public 
     interest;
       (5) in the case of contract or agreement described in 
     paragraph (1) that will result in a decrease in the amount of 
     work assigned to State employees, the cost-benefit analysis 
     demonstrates that--
       (A) the contract or agreement will result in a substantial 
     cost savings to the State; and
       (B) the potential cost savings of contracting of services 
     are not outweighed by the public's interest in having a 
     particular function performed directly by the State;
       (6) at least 30 days before entering into a contract or 
     agreement described in paragraph (1), the State has submitted 
     a past performance history of the private business entity 
     with whom the State is entering into the contract or 
     agreement, which includes--
       (A) work performed for the State under contracts and 
     agreements described in paragraph (1) in the 5-year period 
     ending on the 45th day before the date of entry into the 
     contract or agreement;
       (B) if no work was performed for the State under such 
     contracts and agreements during such 5-year period, then any 
     work performed for other States under contracts and 
     agreements described in paragraph (1) in such 5-year period;
       (C) with respect to each contract or agreement to which 
     subparagraph (A) or (B) applies, the amount of funds 
     originally committed by the State under the contract or 
     agreement and the amount of funds actually expended by the 
     State under the contract or agreement; and
       (D) with respect to each contract or agreement to which 
     subparagraph (A) or (B) applies, deadlines originally 
     established for all work performed under the contract or 
     agreement and the actual date or dates on which performance 
     of such work was completed;
       (7) at least 30 days before entering into a contract or 
     agreement described in paragraph (1), the State has submitted 
     a copy of any performance bond or any similar instrument that 
     ensures performance by the private business entity under the 
     contract or agreement or certifies the amount of such bond;
       (8) at least 30 days before entering into a contract or 
     agreement described in paragraph (1), the State has submitted 
     a political contribution history of the private business 
     entity with whom the State is entering into the contract or 
     agreement, which political contribution history lists all 
     political contributions the private business entity has 
     made to political parties and candidates for political 
     office in the 5-year period ending on the 45th day before 
     the date of entry into the contract or agreement; and
       (9) not later than 5 days after submission of the cost-
     benefit analysis and other documents under this section, the 
     public has been notified of the availability of the cost-
     benefit analysis and other documents for public inspection, 
     and the analysis and other documents have been made available 
     for inspection upon request.
       (b) Exceptions.--The limitation established by subsection 
     (a) shall not apply to any project when it is made known to 
     the Federal official having authority to obligate or expend 
     the funds that--
       (1) the project is a pilot project for a particular type of 
     work that has not previously been performed by the State and 
     is being undertaken to evaluate whether contracting for that 
     particular type of work can result in savings to the State; 
     or
       (2) the analysis of the State's finances and personnel 
     under subsection (a)(4) demonstrates that the State cannot 
     perform the work with existing or additional departmental 
     employees because the work would be of such an intermittent 
     nature as to be likely to cause regular periods of 
     unemployment for State employees.

                               H.R. 3814

                  Offered By: Mr. Brown of California

       Amendment No. 2: In title II, in the item ``National 
     Oceanic and Atmospheric Administration--operations, research, 
     and facilities''--
       (1) after the twelfth dollar amount insert ``(reduced by 
     $4,099,000)'';
       (2) after the thirteenth dollar amount insert ``(increased 
     by $4,099,000)'';
       (3) after ``National Weather Service,'' insert ``including 
     $429,715,000 for Operations and Research,''; and
       (4) after the last sentence add the following: ``No funds 
     made available under this heading may be used for the Great 
     Lakes sea lampricide eradication program or the Regional 
     Climate Centers of the National Weather Service.''.

                               H.R. 3814

                        Offered By: Mr. Clyburn

       Amendment No. 3: In the item relating to ``DEPARTMENT OF 
     JUSTICE--Federal Prison System--buildings and facilities'', 
     after the first dollar amount, insert the following: 
     ``(reduced by $560,000)''.
       In title V in the item relating to ``Commission on Civil 
     Rights--salaries and expenses'', after the first dollar 
     amount, insert the following: ``(increased by $560,000)''.

                               H.R. 3814

                         Offered By: Mr. Ensign

       Amendment No. 4: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec.  . None of the funds made available in this Act to the 
     Federal Bureau of Prisons may be used to distribute or make 
     available any information or material to a prisoner when it 
     is made known to the Federal official having authority to 
     obligate or expend such funds that such information or 
     material--
       (1) is vulgar;
       (2) is violent;
       (3) is sexually explicit;
       (4) features nudity;
       (5) is disrespectful to women;
       (6) is disrespectful to law enforcement personnel or 
     efforts; or
       (7) glamorizes gang membership or activities.

                               H.R. 3814

                 Offered By: Mr. Frank of Massachusetts

       Amendment No. 5: Before the short title at the end of the 
     bill insert the following:
       Sec.  . None of the funds appropriated to the Federal 
     Communications Commission by this Act shall be used to assign 
     a license for advanced television services until the 
     Commission has, by rule, specifically defined the obligations 
     of holders of such licenses to operate in the public 
     interest, convenience, and necessity, unless the assignment 
     of such a license is by a system of competitive bidding (in 
     the case of mutually exclusive applications for such a 
     license).

                               H.R. 3814

                 Offered By: Mr. Frank of Massachusetts

       Amendment No. 6: Before the short title at the end of the 
     bill insert the following:
       Sec.   . None of the funds appropriated to the Federal 
     Communications Commission by this Act shall be used to assign 
     a license for advanced television services.

                               H.R. 3814

                         Offered By: Mr. Ganske

       Amendment No. 7: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec.   . (a) Limitation on Use of Funds to Issue Certain 
     Patents.--None of the funds made available in this Act may be 
     used by the Patent and Trademark Office to issue a patent 
     when it is made known to the Federal official having 
     authority to obligate or expend such funds that the patent is 
     for any invention or discovery of a technique, method, or 
     process for performing a surgical or medical procedure, 
     administering a surgical or medical therapy, or making a 
     medical diagnosis.
       (b) Exceptions.--The limitation established in subsection 
     (a) shall not apply to the issuance of a patent when it is 
     made known to the Federal official having authority to 
     obligate or expend such funds that--
       (1) the patent is for a machine, manufacture, or 
     composition of matter, or improvement thereof, that is itself 
     patentable subject matter, and the technique, method, or 
     process referred to in subsection (a) is performed by or is a 
     necessary component of the machine, manufacture, or 
     composition of matter; or
       (2)(A) the patent is for a new use of or a new indication 
     for a drug (as defined in section 201(g)(1) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1))), new drug 
     (as defined in section 201(p) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321(p))), or biologic product (as 
     defined in section 600.3(h) of title 21, Code of Federal 
     Regulations), that is not itself patentable subject matter; 
     and
       (B) the effect of such drug, new drug, or biologic product 
     on the body part on which it is used in the claimed method 
     was not previously known or obvious to a person of ordinary 
     skill in the art.

[[Page H7660]]

                               H.R. 3814

                       Offered By: Mr. Gutknecht

       Amendment No. 8: Page 112, after line 19, insert the 
     following new section:
       Sec. 615. Each amount appropriated or otherwise made 
     available by this Act that is not required to be appropriated 
     or otherwise made available by a provision of law is hereby 
     reduced by 1.9 percent.

                               H.R. 3814

                       Offered By: Mr. Hostettler

       Amendment No. 9: In title II, strike the item relating to 
     ``DEPARTMENT OF COMMERCE--Economic Development 
     Administration--economic development assistance programs''.

                               H.R. 3814

                       Offered By: Mr. Hostettler

       Amendment No. 10: In title II, strike the item relating to 
     ``DEPARTMENT OF COMMERCE--Economic Development 
     Administration--salaries and expenses''.

                               H.R. 3814

                    Offered By: Mrs. Mink of Hawaii

       Amendment No. 11: In title II, under the item relating to 
     ``National Oceanic and Atmospheric Administration--
     operations, research, and facilities'', after the first, 
     second, sixth, and seventh dollar amounts insert ``(increased 
     by $760,500)''.
       In title IV, under the item relating to ``United States 
     Information Agency--national endowment for democracy'', after 
     the dollar amount insert ``(reduced by $760,500)''.

                               H.R. 3814

                         Offered By: Ms. Norton

       Amendment No. 12: In title I, under the heading ``General 
     Provisions--Department of Justice'', strike section 103.