[Congressional Record Volume 142, Number 124 (Wednesday, September 11, 1996)]
[Senate]
[Pages S10329-S10343]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

            THE TREASURY DEPARTMENT APPROPRIATIONS ACT, 1997

                                 ______
                                 

                DASCHLE (AND DORGAN) AMENDMENT NO. 5234

  (Ordered to lie on the table.)
  Mr. DASCHLE (for himself, Mr. Dorgan, and Mr. Simon) submitted an 
amendment intended to be proposed by them to the bill (H.R. 3756) 
making appropriations for the Treasury Department, the U.S. Postal 
Service, the Executive Office of the President, and certain independent 
agencies, for the fiscal year ending September 30, 1997, and for other 
purposes; as follows:

       At the appropriate place in the bill, insert the following:
   TITLE____--HEALTH INSURANCE EQUITY FOR CONGRESSIONAL AND CONTRACT 
                               EMPLOYEES

     SEC. ____01. SHORT TITLE OF TITLE.

       This title may be cited as the ``Congressional Contractor 
     Health Insurance Equity Act''.

     SEC. ____02. DEFINITIONS.

       For purposes of this title:
       (1) Contract.--The term ``contract'' means any contract for 
     items or services or any lease of Government property 
     (including any subcontract of such contract or any sublease 
     of such lease)--
       (A) the consideration with respect to which is greater than 
     $75,000 per year,
       (B) with respect to a contract for services, requires at 
     least 1000 hours of services, and
       (C) entered into between any entity or instrumentality of 
     the legislative branch of the Federal Government and any 
     individual or entity employing at least 15 full-time 
     employees.
       (2) Employee.--The term ``employee'' has the meaning given 
     such term under section 3(6) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1002(6)).
       (3) Entity of the legislative branch.--The term ``entity of 
     the legislative branch'' includes the following:
       (A) The House of Representatives.
       (B) The Senate.
       (C) The Capitol Guide Service.
       (D) The Capitol Police.
       (E) The Congressional Budget Office.
       (F) The Office of the Architect of the Capitol.
       (G) The Office of the Attending Physician.
       (H) The Office of Compliance.
       (4) Group health plan.--The term ``group health plan'' 
     means any plan or arrangement which provides, or pays the 
     cost of, health benefits that are actuarially equivalent to 
     the benefits provided under the standard option service 
     benefit plan offered under chapter 89 of title 5, United 
     States Code.
       (5) Instrumentality of the legislative branch.--The term 
     ``instrumentality of the legislative branch'' means the 
     following:
       (A) The General Accounting Office.
       (B) The Government Printing Office.
       (C) The Library of Congress.

     SEC. ____03. GENERAL REQUIREMENTS CONCERNING CONTRACTS 
                   COVERED UNDER THIS ACT.

       (a) In General.--Any contract made or entered into by any 
     entity or instrumentality of the legislative branch of the 
     Federal Government shall contain provisions that require 
     that--
       (1) all persons employed by the contractor in the 
     performance of the contract or at the location of the 
     leasehold be offered health insurance coverage under a group 
     health plan; and
       (2) with respect to the premiums for such plan with respect 
     to each employee--
       (A) the contractor pay a percentage equal to the average 
     Government contribution required under section 8906 of title 
     5, United States Code, for health insurance coverage provided 
     under chapter 89 of such title; and
       (B) the employee pay the remainder of such premiums.
       (b) Option To Purchase.--
       (1) In general.--Notwithstanding section 8914 of title 5, 
     United States Code, a contractor to which subsection (a) 
     applies that does not offer health insurance coverage under a 
     group health plan to its employees on the date on which the 
     contract is to take effect, may obtain any health benefits 
     plan offered under chapter 89 of title 5, United States Code, 
     for all persons employed by the contractor in the performance 
     of the contract or at the location of the leasehold. Any 
     contractor that exercises the option to purchase such 
     coverage shall make any Government contributions required for 
     such coverage under section 8906 of title 5, United States 
     Code, with the employee paying the contribution required for 
     such coverage for Federal employees.
       (2) Calculation of amount of premiums.--Subject to 
     paragraph (3)(B), the Director of the Office of Personnel 
     Management shall calculate the amount of premiums for health 
     benefits plans made available to contractor employees under 
     paragraph (1) separately from Federal employees and 
     annuitants enrolled in such plans.
       (3) Review by office of personnel management.--
       (A) Annual review.--The Director of the Office of Personnel 
     Management shall review at the end of each calendar year 
     whether the

[[Page S10330]]

     nonapplication of paragraph (2) would result in higher 
     adverse selection, risk segmentation in, or a substantial 
     increase in premiums for such health benefits plans. Such 
     review shall include a study by the Director of the health 
     care utilization and risks of contractor employees. The 
     Director shall submit a report to the President, the Speaker 
     of the House of Representatives, and the President pro 
     tempore of the Senate which shall contain the results of such 
     review.
       (B) Nonapplication of paragraph (2).--Beginning in the 
     calendar year following a certification by the Director of 
     the Office of Personnel Management under subparagraph (A) 
     that the nonapplication of paragraph (2) will not result in 
     higher adverse selection, risk segmentation in, or a 
     substantial increase in premiums for such health benefits 
     plans, paragraph (2) shall not apply.
       (4) Requirement of opm.--The Director of the Office of 
     Personnel Management shall take such actions as are 
     appropriate to enable a contractor described in paragraph (1) 
     to obtain the health insurance described in such paragraph.
       (c) Administrative Functions.--
       (1) In general.--The office within the entity or 
     instrumentality of the legislative branch of the Federal 
     Government which administers the health benefits plans for 
     Federal employees of such entity or instrumentality shall 
     perform such tasks with respect to plan coverage purchased 
     under subsection (b) by contractors with contracts with such 
     entity or instrumentality.
       (2) Waiver authority.--Waiver of the requirements of this 
     title may be made by such office upon application.

     SEC. ____04. EFFECTIVE DATE.

       (a) In General.--This title shall apply with respect to 
     contracts executed, modified, or renewed on or after January 
     1, 1997.
       (b) Termination.--
       (1) In general.--This title shall not apply on and after 
     October 1, 2001.
       (2) Transition rule.--In the case of any contract under 
     which, pursuant to this title, health insurance coverage is 
     provided for calendar year 2001, the contractor and the 
     employees shall, notwithstanding section ____03(a)(2), pay 
     1\1/3\ of the otherwise required monthly premium for such 
     coverage in monthly installments during the period beginning 
     on January 1, 2001, and ending before October 1, 2001.
                                 ______
                                 

                      KASSEBAUM AMENDMENT NO. 5235

  Mrs. KASSEBAUM proposed an amendment to the bill, H.R. 3756, supra; 
as follows:

       At the end of the committee amendment, insert the following 
     new section:

     SEC.   . PROTECTION OF PATIENT COMMUNICATIONS.

       (a) Findings.--Congress finds that--
       (1) the health care market is dynamic, and the rapid 
     changes seen in recent years can be expected to continue;
       (2) the transformation of the health care market has 
     promoted the development of innovative new treatments and 
     more efficient delivery systems, but has also raised new and 
     complex health policy challenges, touching on issues such as 
     access, affordability, cost containment, and quality;
       (3) appropriately addressing these challenges and the 
     trade-offs they involve will require thoughtful and 
     deliberate consideration by lawmakers, providers, consumers, 
     and third-party payers; and
       (4) the Patient Communications Protection Act of 1996 (S. 
     2005, 104th Congress) was first introduced in the Senate on 
     July 31, 1996, and has not been subject to hearings or other 
     review by the Senate or any of its committees.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Committee on Labor and Human Resources of the 
     Senate, taking into account any relevant findings of the 
     National Commission on Health Care Quality and other public 
     and private entities with expertise in quality health care 
     service delivery, should act expeditiously in the first 
     session of the 105th Congress to schedule hearings and 
     executive session consideration of legislation designed to 
     ensure that patients be given access to all relevant 
     information concerning their health care so as to permit such 
     patients, in consultation with their physicians, to make 
     appropriate decisions regarding their health care, and that 
     the Senate should promptly consider that legislation.
                                 ______
                                 

                SIMON (AND JEFFORDS) AMENDMENT NO. 5236

  (Ordered to lie on the table.)
  Mr. SIMON (for himself and Mr. Jeffords) submitted an amendment 
intended to be proposed by them to the bill, H.R. 3756, supra; as 
follows:

       At the appropriate place in the bill, insert the following 
     new title:
           TITLE ____--PENSION AUDIT IMPROVEMENT ACT OF 1996

     SEC. ____. SHORT TITLE.

       This title may be cited as the ``Pension Audit Improvement 
     Act of 1996''.

     SEC. ____. PROVISIONS RELATING TO LIMITED SCOPE AUDIT.

       (a) In General.--Subparagraph (C) of section 103(a)(3) of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1023(a)(3)(C)) is amended by adding at the end the 
     following new clause:
       ``(ii) If an accountant is offering his opinion under this 
     section in the case of an employee pension benefit plan, the 
     accountant shall, to the extent consistent with generally 
     accepted auditing standards, rely on the work of any 
     independent public accountant of any bank or similar 
     institution or insurance carrier regulated and supervised and 
     subject to periodic investigation by a State or Federal 
     agency that holds assets or processes transactions of the 
     employee pension benefit plan.''
       (b) Conforming Amendments.--
       (1) Section 103(a)(3)(A) of such Act (29 U.S.C. 
     1023(a)(3)(A)) is amended by striking ``subparagraph (C)'' 
     and inserting ``subparagraph (C)(i)''.
       (2) Section 103(a)(3)(C) of such Act (29 U.S.C. 
     1023(a)(3)(C)) is amended by striking ``(C) The'' and 
     inserting ``(C)(i) In the case of an employee benefit plan 
     other than an employee pension benefit plan, the''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to opinions required under section 
     103(a)(3)(A) of the Employee Retirement Income Security Act 
     of 1974 for plan years beginning on or after January 1 of the 
     calendar year following the date of the enactment of this 
     Act.

     SEC. ____. REPORTING AND ENFORCEMENT REQUIREMENTS FOR 
                   EMPLOYEE PENSION BENEFIT PLANS.

       (a) In General.--Part 1 of subtitle B of title I of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1021 et seq.) is amended--
       (1) by redesignating section 111 as section 112, and
       (2) by inserting after section 110 the following new 
     section:


         ``reporting of certain events involving pension plans

       ``Sec. 111. (a) Required Notifications.--
       ``(1) Notifications by accountant to plan administrator.--
       ``(A) Determination of likelihood of criminal activity.--If 
     an accountant engaged by the administrator of an employee 
     pension benefit plan under section 103(a)(3)(A) detects or 
     otherwise becomes aware of information indicating that a 
     criminal activity may have occurred with respect to the plan, 
     the accountant shall, in accordance with generally accepted 
     auditing standards, determine whether it is likely that the 
     criminal activity has occurred.
       ``(B) Notification.--If an accountant determines under 
     subparagraph (A) that it is likely that the criminal activity 
     has occurred, the accountant shall, as soon as practicable--
       ``(i) notify and fully inform the plan administrator of the 
     criminal activity in writing, or
       ``(ii) if the accountant has determined that the criminal 
     activity involved an individual who is the plan administrator 
     or who is a senior official of the plan administrator, notify 
     and fully inform the named fiduciary of the plan who is not 
     the plan administrator and who is designated under section 
     402(b)(5) to receive such notice of the criminal activity in 
     writing.
       ``(2) Notification by accountant where failure to take 
     remedial action.--If, after providing the notification 
     required under paragraph (1)(B), the accountant concludes 
     that--
       ``(A) the plan administrator or the designated named 
     fiduciary has been fully informed of the criminal activity,
       ``(B) the criminal activity has a material effect on the 
     financial statements of the plan, and
       ``(C) the plan administrator or the designated named 
     fiduciary has not taken timely and appropriate remedial 
     actions with respect to the criminal activity,

     the accountant shall, as soon as practicable, report its 
     conclusions in writing to the plan administrator or 
     designated named fiduciary, as applicable.
       ``(3) Notification of secretary.--
       ``(A) In general.--A plan administrator or designated named 
     fiduciary of a plan receiving a report under paragraph (2) 
     shall, not later than 5 business days after receipt of such 
     report--
       ``(i) notify the Secretary of such report, and
       ``(ii) furnish to the accountant making such report a copy 
     of the notice furnished to the Secretary under clause (i).
       ``(B) Failure to receive notice.--If an accountant does not 
     receive a copy of the notice under subparagraph (A)(ii) 
     within the time period prescribed therein, the accountant 
     shall--
       ``(i) resign from engagement with the plan, or
       ``(ii) furnish to the Secretary a copy of its report under 
     paragraph (2) not later than 1 business day following the 
     close of such time period.
       ``(4) Response by secretary.--
       ``(A) In general.--Any investigation by the Secretary in 
     response to the notification under subparagraph (A)(i) or 
     (B)(ii) of paragraph (3) shall be completed within 180 days 
     of the receipt of such notification, unless the Secretary 
     determines that additional time is necessary to complete the 
     investigation due to--
       ``(i) the complexity of the investigation,
       ``(ii) the lack of cooperation by plan representatives, or
       ``(iii) the need for coordination with other law 
     enforcement agencies.

     The Secretary's failure to comply with this subparagraph 
     shall not be a defense to any civil complaint or criminal 
     charge arising

[[Page S10331]]

     from notification under subparagraph (A)(i) or (B)(ii) of 
     paragraph (3).
       ``(B) Disclosure of report prohibited.--
       ``(i) In general.--Notwithstanding section 106 and except 
     as provided in clause (ii), an officer or employee of the 
     United States shall not disclose to the public any report 
     described in paragraph (2) which is furnished to the 
     Secretary under paragraph (3).
       ``(ii) Exceptions.--Clause (i) shall not be construed to 
     prohibit the disclosure of such report by an officer or 
     employee of the United States--

       ``(I) in carrying out their duties under this title (other 
     than section 106), or
       ``(II) to any law enforcement authority of any Federal 
     agency, any State or local government or political 
     subdivision thereof, or any foreign country for purposes of 
     carrying out their official duties.

       ``(iii) Penalty for disclosure.--Any person who knowingly 
     or willfully discloses any report in violation of this 
     subparagraph shall, upon conviction, be guilty of a felony 
     and punished by a fine in any amount not exceeding $5,000, or 
     imprisonment of not more than 5 years, or both, together with 
     the costs of prosecution. In addition to any other 
     punishment, such person shall be dismissed from office or 
     discharged from employment upon conviction for such offense.
       ``(5) Criminal activity defined.--
       ``(A) For purposes of this subsection, the term `criminal 
     activity' means--
       ``(i) a theft, embezzlement, or a violation of section 664 
     of title 18, United States Code (relating to theft or 
     embezzlement from an employee benefit plan);
       ``(ii) an extortion or a violation of section 1951 of such 
     title 18 (relating to interference with commerce by threats 
     or violence);
       ``(iii) a bribery, a kickback, or a violation of section 
     1954 of such title 18 (relating to offer, acceptance, or 
     solicitation to influence operations of an employee benefit 
     plan);
       ``(iv) a violation of section 1027 of such title 18 
     (relating to false statements and concealment of facts in 
     relation to employer benefit plan records); or
       ``(v) a violation of section 411, 501, or 511 of this title 
     (relating to criminal violations).
       ``(B) The term `criminal activity' shall not include any 
     act or omission described in this paragraph involving less 
     than $1,000 unless there is reason to believe that the act or 
     omission may bear on the integrity of plan management.
       ``(b) Notification Upon Termination of Engagement of 
     Accountant.--
       ``(1) Notification by plan administrator.--Within 5 
     business days after the termination of an engagement for 
     auditing services under section 103(a)(3)(A) with respect to 
     an employee pension benefit plan, the administrator of such 
     plan shall--
       ``(A) notify the Secretary in writing of such termination, 
     giving the reasons for such termination, and
       ``(B) furnish the accountant whose engagement was 
     terminated with a copy of the notification sent to the 
     Secretary.
       ``(2) Notification by accountant.--If the accountant 
     referred to in paragraph (1)(B) has not received a copy of 
     the administrator's notification to the Secretary as required 
     under paragraph (1)(B), or if the accountant disagrees with 
     the reasons given in the notification of termination of the 
     engagement for auditing services, the accountant shall notify 
     the Secretary in writing of the termination, giving the 
     reasons for the termination, within 10 business days after 
     the termination of the engagement.
       ``(c) Determination of Periods Required for Notification.--
     In determining whether a notification required under this 
     section with respect to any act or omission has been made 
     within the required number of business days--
       ``(1) the day on which such act or omission begins shall 
     not be included; and
       ``(2) Saturdays, Sundays, and legal holidays shall not be 
     included.

     For purposes of this subsection, the term `legal holiday' 
     means any Federal legal holiday and any other day appointed 
     as a holiday by the State in which the person responsible for 
     making the notification principally conducts his business.
       ``(d) Immunity for Good Faith Notification or Report.--
     Except as provided in this Act, no accountant, plan 
     administrator, or designated named fiduciary shall be liable 
     to any person for any finding, conclusion, or statement made 
     in any notification or report made pursuant to subsection (a) 
     or (b), or pursuant to any regulations issued thereunder, if 
     such finding, conclusion, or statement is made in good 
     faith.''
       (b) Designation of Named Fiduciary.--Section 402(b) of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1102(b)) is amended by striking ``and'' at the end of 
     paragraph (3), by striking the period at the end of paragraph 
     (4) and inserting ``, and'', and by adding at the end the 
     following new paragraph:
       ``(5) if such plan engages an independent qualified public 
     accountant under section 103(a)(3)(A), designate a named 
     fiduciary other than the plan administrator to receive any 
     notification from such accountant required under section 
     111(a)(1)(B)(ii).''
       (c) Civil Penalty.--
       (1) In general.--Section 502(c) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1132(c)) is amended by 
     adding at the end the following new paragraph:
       ``(5) The Secretary may assess a civil penalty of up to 
     $50,000 against any plan administrator or accountant who 
     knowingly and willfully fails to provide the Secretary with 
     any notification as required under section 111.''
       (2) Conforming amendment.--Section 502(a)(6) of such Act 
     (29 U.S.C. 1132(a)(6)) is amended by striking ``subsection 
     (c)(2) or (i) or (l)'' and inserting ``paragraph (2), (4), or 
     (5) of subsection (c) or subsection (i) or (l)''.
       (d) Clerical Amendments.--
       (1) Section 514(d) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1144(d)) is amended by 
     striking ``111'' and inserting ``112''.
       (2) The table of contents in section 1 of such Act is 
     amended by striking the item relating to section 111 and 
     inserting the following new items:

``Sec. 111. Reporting of certain events involving pension plans.
``Sec. 112. Repeal and effective date.''

       (e) Effective Date.--The amendments made by this section 
     shall apply with respect to any criminal activity or 
     termination of engagement described in such amendments only 
     if the 5-day period described in such amendments in 
     connection with such criminal activity or termination 
     commences at least 90 days after the date of the enactment of 
     this Act.

     SEC. ____. ADDITIONAL REQUIREMENTS FOR QUALIFIED PUBLIC 
                   ACCOUNTANTS.

       (a) In General.--Section 103(a)(3)(D) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 
     1023(a)(3)(D)) is amended--
       (1) by inserting ``(i)'' after ``(D)'';
       (2) by inserting ``, with respect to any engagement of an 
     accountant under subparagraph (A)'' after ``means'';
       (3) by redesignating clauses (i), (ii), and (iii) as 
     subclauses (I), (II), and (III), respectively;
       (4) by striking the period at the end of subclause (III) 
     (as so redesignated) and inserting a comma;
       (5) by adding after subclause (III) (as so redesignated), 
     and flush with clause (i), the following:
     ``but only if such person meets the requirements of clauses 
     (ii) and (iii) with respect to such engagement.''; and
       (6) by adding at the end the following new clauses:
       ``(ii) A person meets the requirements of this clause with 
     respect to an engagement of such person as an accountant 
     under subparagraph (A) if such person--

       ``(I) has in operation an appropriate internal quality 
     control system;
       ``(II) has undergone a qualified external quality control 
     review of the person's accounting and auditing practices, 
     including such practices relevant to employee pension benefit 
     plans (if any), during the 3-year period immediately 
     preceding such engagement; and
       ``(III) has completed, within the 2-year period immediately 
     preceding such engagement, at least 80 hours of continuing 
     education or training which contributes to the accountant's 
     professional proficiency and which meets such requirements as 
     may be prescribed by the Secretary in regulations.

     The Secretary shall issue the regulations under subclause 
     (III) no later than December 31, 1997.
       ``(iii) A person meets the requirements of this clause with 
     respect to an engagement of such person as an accountant 
     under subparagraph (A) if such person meets such additional 
     requirements and qualifications of regulations which the 
     Secretary deems necessary to ensure the quality of plan 
     audits.
       ``(iv) For purposes of clause (ii)(II), an external quality 
     control review shall be treated as qualified with respect to 
     a person referred to in clause (ii) if--

       ``(I) such review is performed in accordance with the 
     requirements of external quality control review programs of 
     recognized auditing standard-setting bodies, as determined 
     under regulations of the Secretary, and
       ``(II) in the case of any such person who has, during the 
     peer review period, conducted one or more previous audits of 
     employee pension benefit plans, such review includes the 
     review of an appropriate number (determined as provided in 
     such regulations, but in no case less than one) of plan 
     audits in relation to the scale of such person's auditing 
     practice.

     The Secretary shall issue the regulations under subclause (I) 
     no later than December 31, 1997.''
       (b) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply with respect to 
     plan years beginning on or after the date which is 3 years 
     after the date of the enactment of this Act.
       (2) Restrictions on conducting examinations.--Clause (iii) 
     of section 103(a)(3)(D) of the Employee Retirement Income 
     Security Act of 1974 (as added by subsection (a)(6)) shall 
     take effect on the date of enactment of this Act.

     SEC. ____. CLARIFICATION OF FIDUCIARY PENALTIES.

       (a) Modification of Prohibition of Assignment or 
     Alienation.--
       (1) Amendment to erisa.--Section 206(d) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1056(d)) is 
     amended by adding at the end the following new paragraphs:
       ``(4) Paragraph (1) shall not apply to any offset of a 
     participant's accrued benefit in an employee pension benefit 
     plan against an amount that the participant is ordered or 
     required to pay to the plan if--
       ``(A) the order or requirement to pay arises--

[[Page S10332]]

       ``(i) under a judgment of conviction for a crime involving 
     such plan,
       ``(ii) under a civil judgment (including a consent order or 
     decree) entered by a court in an action brought in connection 
     with a violation (or alleged violation) of part 4 of this 
     subtitle, or
       ``(iii) pursuant to a settlement agreement between the 
     Secretary and the participant, or a settlement agreement 
     between the Pension Benefit Guaranty Corporation and the 
     participant, in connection with a violation (or alleged 
     violation) of part 4 of this subtitle,
       ``(B) the judgment, order, decree, or settlement agreement 
     expressly provides for the offset of all or part of the 
     amount ordered or required to be paid to the plan against the 
     participant's accrued benefit in the plan, and
       ``(C) if the participant has a spouse at the time at which 
     the offset is to be made--
       ``(i) such spouse has consented in writing to such offset 
     and such consent is witnessed by a notary public or 
     representative of the plan,
       ``(ii) such spouse is ordered or required in such judgment, 
     order, decree, or settlement to pay an amount to the plan in 
     connection with a violation of part 4 of this subtitle, or
       ``(iii) in such judgment, order, decree, or settlement, 
     such spouse retains the right to receive the value of the 
     survivor annuity under a qualified joint and survivor annuity 
     provided pursuant to section 205(a)(1) and under a qualified 
     preretirement survivor annuity provided pursuant to section 
     205(a)(2), determined in accordance with paragraph (5).
       ``(5)(A) The value of the survivor annuity described in 
     paragraph (4)(C)(iii) shall be determined as if--
       ``(i) the participant terminated employment on the date of 
     the offset,
       ``(ii) there was no offset,
       ``(iii) the plan permitted retirement only on or after 
     normal retirement age,
       ``(iv) the plan provided only the minimum-required 
     qualified joint and survivor annuity, and
       ``(v) the amount of the qualified preretirement survivor 
     annuity under the plan is equal to the amount of the survivor 
     annuity payable under the minimum-required qualified joint 
     and survivor annuity.
       ``(B) For purposes of this paragraph, the term `minimum-
     required qualified joint and survivor annuity' means the 
     qualified joint and survivor annuity which is the actuarial 
     equivalent of a single annuity for the life of the 
     participant and under which the survivor annuity is 50 
     percent of the amount of the annuity which is payable during 
     the joint lives of the participant and the spouse.''
       (2) Amendment to internal revenue code.--Section 401(a)(13) 
     of the Internal Revenue Code of 1986 is amended by adding at 
     the end the following new subparagraphs:
       ``(C) Special rule for certain judgments and settlements.--
     Subparagraph (A) shall not apply to any offset of a 
     participant's accrued benefit in a plan against an amount 
     that the participant is ordered or required to pay to the 
     plan if--
       ``(i) the order or requirement to pay arises--

       ``(I) under a judgment of conviction for a crime involving 
     such plan,
       ``(II) under a civil judgment (including a consent order or 
     decree) entered by a court in an action brought in connection 
     with a violation (or alleged violation) of part 4 of subtitle 
     B of title I of the Employee Retirement Income Security Act 
     of 1974, or
       ``(III) pursuant to a settlement agreement between the 
     Secretary of Labor and the participant, or a settlement 
     agreement between the Pension Benefit Guaranty Corporation 
     and the participant, in connection with a violation (or 
     alleged violation) of part 4 of subtitle B of title I of such 
     Act,

       ``(ii) the judgment, order, decree, or settlement agreement 
     expressly provides for the offset of all or part of the 
     amount ordered or required to be paid to the plan against the 
     participant's accrued benefit in the plan, and
       ``(iii) if the participant has a spouse at the time at 
     which the offset is to be made--

       ``(I) such spouse has consented in writing to such offset 
     and such consent is witnessed by a notary public or 
     representative of the plan,
       ``(II) such spouse is ordered or required to pay in such 
     judgment, order, decree, or settlement an amount to the plan 
     in connection with a violation of part 4 of subtitle B of 
     title I of such Act, or
       ``(III) in such judgment, order, decree, or settlement, 
     such spouse retains the right to receive the value of the 
     survivor annuity under a qualified joint and survivor annuity 
     provided pursuant to paragraph (11)(A)(i) and under a 
     qualified preretirement survivor annuity provided pursuant to 
     paragraph 11(A)(ii), determined in accordance with 
     subparagraph (D).

       ``(D) Determination of value of survivor annuity in 
     connection with offset.--The value of the survivor annuity 
     described in subparagraph (C)(iii)(III) shall be determined 
     as if--
       ``(i) the participant terminated employment on the date of 
     the offset,
       ``(ii) there was no offset,
       ``(iii) the plan permitted retirement only on or after 
     normal retirement age,
       ``(iv) the plan provided only the minimum-required 
     qualified joint and survivor annuity, and
       ``(v) the amount of the qualified preretirement survivor 
     annuity under the plan is equal to the amount of the survivor 
     annuity payable under the minimum-required qualified joint 
     and survivor annuity.

     For purposes of this subparagraph, the term `minimum-required 
     qualified joint and survivor annuity' means the qualified 
     joint and survivor annuity which is the actuarial equivalent 
     of a single annuity for the life of the participant and under 
     which the survivor annuity is 50 percent of the amount of the 
     annuity which is payable during the joint lives of the 
     participant and the spouse.
       ``(E) Waiver of certain distribution requirements.--With 
     respect to the requirements of subsections (a) and (k) of 
     section 401, section 403(b), and section 409(d), a plan shall 
     not be treated as failing to meet such requirements solely by 
     reason of an offset under subparagraph (C).''
       (3) Effective date.--The amendment made by this subsection 
     shall apply to judgments, orders, and decrees issued, and 
     settlement agreements entered into, on or after the date of 
     enactment of this Act.
       (b) Civil Penalties for Breach of Fiduciary 
     Responsibility.--
       (1) Imposition and amount of penalty made discretionary.--
     Section 502(l)(1) of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1132(l)(1)) is amended--
       (A) by striking ``shall'' and inserting ``may'', and
       (B) by striking ``equal to'' and inserting ``not greater 
     than''.
       (2) Applicable recovery amount.--Section 502(l)(2) of such 
     Act (29 U.S.C. 1132(l)(2)) is amended to read as follows:
       ``(2) For purposes of paragraph (1), the term `applicable 
     recovery amount' means any amount which is recovered from (or 
     on behalf of) any fiduciary or other person with respect to a 
     breach or violation described in paragraph (1) on or after 
     the 30th day following receipt by such fiduciary or other 
     person of written notice from the Secretary of the violation, 
     whether paid voluntarily or by order of a court in a judicial 
     proceeding instituted by the Secretary under subsection 
     (a)(2) or (a)(5). The Secretary may, in the Secretary's sole 
     discretion, extend the 30-day period described in the 
     preceding sentence.''
       (3) Other rules.--Section 502(l) of such Act (29 U.S.C. 
     1132(l)) is amended by adding at the end the following new 
     paragraphs:
       ``(5) A person shall be jointly and severally liable for 
     the penalty described in paragraph (1) to the same extent 
     that such person is jointly and severally liable for the 
     applicable recovery amount on which the penalty is based.
       ``(6) No penalty shall be assessed under this subsection 
     unless the person against whom the penalty is assessed is 
     given notice and opportunity for a hearing with respect to 
     the violation and applicable recovery amount.''
       (4) Effective dates.--
       (A) In general.--The amendments made by this subsection 
     shall apply to any breach of fiduciary responsibility or 
     other violation of part 4 of subtitle B of title I of the 
     Employment Retirement Income Security Act of 1974 occurring 
     on or after the date of the enactment of this Act.
       (B) Transition rule.--In applying the amendment made by 
     paragraph (2) (relating to applicable recovery amount), a 
     breach or other violation occurring before the date of the 
     enactment of this Act which continues after the 180th day 
     after such date (and which may be discontinued at any time 
     during its existence) shall be treated as having occurred 
     after such date of enactment.
                                 ______
                                 

                        GRAMS AMENDMENT NO. 5237

  (Ordered to lie on the table.)
  Mr. GRAMS submitted an amendment intended to be proposed by him to 
the bill, H.R. 3756, supra; as follows:

       At appropriate place insert the following section:

     ``SEC.   . IMPROVEMENT OF THE IRS 1-800 HELP LINE SERVICE.

       ``(a) Funds made available by this or any other Act to the 
     Internal Revenue Services shall be available for improved 
     facilities and increased manpower to provide sufficient and 
     effective 1-800 help line for taxpayers.
       (b) The Commissioner shall make the improvement of the IRS 
     1-800 help line service a priority and allocate resources 
     necessary to ensure the increase in phone lines and staff to 
     improve the IRS 1-800 help line service.
                                 ______
                                 

                        BRYAN AMENDMENT NO. 5238

  (Ordered to lie on the table.)
  Mr. BRYAN submitted an amendment intended to be proposed by him to 
the bill, H.R. 3756, supra; as follows:

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

     SEC. ____. FEDERAL RETIREMENT PROVISIONS RELATING TO MEMBERS 
                   OF CONGRESS AND CONGRESSIONAL EMPLOYEES.

       (a) Short Title.--This section may be cited as the 
     ``Congressional Annuity Reform Act of 1996''.
       (b) Relating to the Years of Service as a Member of 
     Congress and Congressional Employees for Purposes of 
     Computing an Annuity.--
       (1) CSRS.--Section 8339 of title 5, United States Code, is 
     amended--
       (A) in subsection (a) by inserting ``or Member'' after 
     ``employee'';
       (B) by striking subsections (b) and (c); and
       (C) in subsection (h)--
       (i) in the first sentence by striking out ``subsections 
     (a), (b)'' and inserting in lieu thereof ``subsections 
     (a),''; and

[[Page S10333]]

       (ii) in the second sentence by striking out ``subsections 
     (c) and (f)'' and inserting in lieu thereof ``subsections (a) 
     and (f)''.
       (2) FERS.--Section 8415 of title 5, United States Code, is 
     amended--
       (A) by striking subsections (b) and (c);
       (B) in subsections (a) and (g) by inserting ``or Member'' 
     after ``employee'' each place it appears; and
       (C) in subsection (g)(2) by striking out ``Congressional 
     employee''.
       (c) Contribution Rates.--
       (1) CSRS.--(A) Section 8334(a)(1) of title 5, United States 
     Code, is amended--
       (i) by striking out ``of an employee, 7\1/2\ percent of the 
     basic pay of a Congressional employee,'' and inserting in 
     lieu thereof ``of an employee, a Member,''; and
       (ii) by striking out ``basic pay of a Member,'' and 
     inserting in lieu thereof ``basic pay of''.
       (B) The table under section 8334(c) of title 5, United 
     States Code, is amended--
       (i) in the item relating to Member or employee for 
     Congressional employee service by striking out

       

               ``                           7\1/  After December 31,    
                                       2\.......   1969.''              
                                                                        

     and inserting in lieu thereof

       

               ``                           7\1/  December 31, 1969 to  
                                       2\.......   (but not including)  
                                                   the effective date of
                                                   the Congressional    
                                                   Annuity Reform Act of
                                                   1996.                
               ``                      7........  On and after the      
                                              ..   effective date of the
                                                   Congressional Annuity
                                                   Reform Act of        
                                                   1996.'';             
                                                                        

     and
       (ii) in the item relating to Member for Member service by 
     striking out

       

               ``                      8........  After December 31,    
                                              ..   1969.''              
                                                                        

     and inserting in lieu thereof

       

               ``                      8........  December 31, 1969 to  
                                              ..   (but not including)  
                                                   the effective date of
                                                   the Congressional    
                                                   Annuity Reform Act of
                                                   1996.                
               ``                      7........  On and after the      
                                              ..   effective date of the
                                                   Congressional Annuity
                                                   Reform Act of        
                                                   1996.''.             
                                                                        

       (2) FERS.--Section 8422(a)(2) of title 5, United States 
     Code, is amended--
       (A) in subparagraph (A) by striking out ``employee (other 
     than a law enforcement officer, firefighter, air traffic 
     controller, or Congressional employee)'' and inserting in 
     lieu thereof ``employee or Member (other than a law 
     enforcement officer, firefighter, or air traffic 
     controller)''; and
     .(B) in subparagraph (B)--
       (i) by striking out ``a Member,''; and
       (ii) by striking out ``air traffic controller, or 
     Congressional employee,'' and inserting in lieu thereof ``or 
     air traffic controller,''.
       (d) Administrative Regulations.--The Office of Personnel 
     Management, in consultation with the Secretary of the Senate 
     and the Clerk of the House of Representatives, may prescribe 
     regulations to carry out the provisions of this section and 
     the amendments made by this section for applicable employees 
     and Members of Congress.
       (e) Effective Dates.--
       (1) Short title.--Subsection (a) shall take effect on the 
     date of the enactment of this Act.
       (2) COLA adjustments.--The amendments made by subsection 
     (b) shall take effect on the date of the enactment of this 
     Act and shall apply with respect to annuities commencing on 
     or after such date.
       (3) Years of service; annuity computation.--(A) The 
     amendments made by subsection (c) shall take effect on the 
     date of the enactment of this Act and shall apply only with 
     regard to the computation of an annuity relating to--
       (i) the service of a Member of Congress as a Member or as a 
     Congressional employee performed after such date; and
       (ii) the service of a Congressional employee as a 
     Congressional employee performed after such date.
       (B) An annuity shall be computed as though the amendments 
     made under subsection (c) had not been enacted with regard 
     to--
       (i) the service of a Member of Congress as a Member or a 
     Congressional employee or military service performed before 
     the date of the enactment of this Act; and
       (ii) the service of a Congressional employee as a 
     Congressional employee or military service performed before 
     the date of the enactment of this Act.
       (4) Contribution rates.--The amendments made by subsection 
     (d) shall take effect on the first day of the first 
     applicable pay period beginning on or after the date of the 
     enactment of this Act.
       (5) Regulations.--The provisions of subsection (e) shall 
     take effect on the date of the enactment of this Act.
       (6) Alternative effective date relating to members of 
     congress.--If a court of competent jurisdiction makes a final 
     determination that a provision of this subsection violates 
     the 27th amendment of the United States Constitution, the 
     effective date and application dates relating to Members of 
     Congress shall be January 3, 1997.
                                 ______
                                 

                      FAIRCLOTH AMENDMENT NO. 5239

  (Ordered to lie on the table.)
  Mr. FAIRCLOTH submitted an amendment intended to be proposed by him 
to the bill, H.R. 3756, supra; as follows:

       At the appropriate place, insert the following:
       Sec.   . (a) Sense of the Senate Regarding Transfers From 
     Medicare Trust Funds.--It is the sense of the Senate that 
     none of the funds made available in this Act under the 
     heading ``Title II--Department of Health and Human Services--
     Health Care Financing Administration--Program Management'' 
     for transfer from the Federal Hospital Insurance Trust Fund 
     or the Federal Supplementary Medical Insurance Trust Fund 
     should be used for expenditures for official time for 
     employees of the Department of Health and Human Services 
     pursuant to section 7131 of title 5, United States Code, or 
     for facilities or support services for labor organizations 
     pursuant to policies, regulations, or procedures referred to 
     in section 7135(b) of such title.
       (b) Sense of the Senate Regarding Transfers From OASDI 
     Trust Fund.--It is the sense of the Senate that none of the 
     funds made available in this Act under the heading ``Title 
     IV--Related Agencies--Social Security Administration--
     Limitation on Administrative Expenses'' for transfer from the 
     Federal Old-Age and Survivors Insurance Trust Fund or the 
     Federal Disability Insurance Trust Fund should be used for 
     expenditures for official time for employees of the Social 
     Security Administration pursuant to section 7131 of title 5, 
     United States Code, or for facilities or support services for 
     labor organizations pursuant to policies, regulations, or 
     procedures referred to in section 7135(b) of such title.
                                 ______
                                 

                       WARNER AMENDMENT NO. 5240

  Mr. WARNER proposed an amendment to the bill, H.R. 3756, supra; as 
follows:

       One page 53, beginning on line 23, strike ``and in 
     compliance with the reprogramming guidelines of the 
     appropriate Committee of the House and Senate.''
                                 ______
                                 

                  LAUTENBERG AMENDMENTS NOS. 5241-5243

  (Ordered to lie on the table.)
  Mr. LAUTENBERG submitted three amendments intended to be proposed by 
him to the bill, H.R. 3756, supra; as follows:

                           Amendment No. 5241

       At the end of the committee amendment insert the following:

     SEC.   . GUN BAN FOR INDIVIDUALS COMMITTING DOMESTIC 
                   VIOLENCE.

       (a) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(33) The term `crime involving domestic violence' means a 
     felony or misdemeanor crime of violence, regardless of 
     length, term, or manner of punishment, committed by a current 
     or former spouse, parent, or guardian of the victim, by a 
     person with whom the victim shares a child in common, by a 
     person who is cohabiting with or has cohabited with the 
     victim as a spouse, parent, or guardian, or by a person 
     similarly situated to a spouse, parent, or guardian of the 
     victim under the domestic or family violence laws of the 
     jurisdiction in which such felony or misdemeanor was 
     committed.''.
       (b) Unlawful Acts.--Section 922 of title 18, United States 
     Code, is amended--
       (1) in subsection (d)--
       (A) by striking ``or'' at the end of paragraph (7);
       (B) by striking the period at the end of paragraph (8) and 
     inserting ``; or''; and
       (C) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) has been convicted in any court of any crime 
     involving domestic violence, if the individual has been 
     represented by counsel or knowingly and intelligently waived 
     the right to counsel.'';
       (2) in subsection (g)--
       (A) by striking ``or'' at the end of paragraph (7);
       (B) in paragraph (8), by striking the comma and inserting 
     ``; or''; and
       (C) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) has been convicted in any court of any crime 
     involving domestic violence, if the individual has been 
     represented by counsel or knowingly and intelligently waived 
     the right to counsel,''; and
       (3) in subsection (s)(3)(B)(i), by inserting before the 
     semicolon the following: ``and has not been convicted in any 
     court of any crime involving domestic violence, if the 
     individual has been represented by counsel or knowingly and 
     intelligently waived the right to counsel''.
       (c) Rules and Regulations.--Section 926(a) of title 18, 
     United States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and

[[Page S10334]]

       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) regulations providing for the effective receipt and 
     secure storage of firearms relinquished by or seized from 
     persons described in subsection (d)(9) or (g)(9) of section 
     922.''.
                                                                    ____


                           Amendment No. 5242

       At the end of amendment No. -- insert the following:

     SEC.   . GUN BAN FOR INDIVIDUALS COMMITTING DOMESTIC 
                   VIOLENCE.

       (a) Definitions.--Section 921(a) of title 18, United States 
     Code, is emended by adding at the end the following new 
     paragraph:
       ``(33) The term `crime involving domestic violence' means a 
     felony or misdemeanor crime of violence, regardless of 
     length, term, or manner of punishment, committed by a current 
     or former spouse, parent, or guardian of the victim, by a 
     person with whom the victim shares a child in common, by a 
     person who is cohabiting with or has cohabited with the 
     victim as a spouse, parent, or guardian, or by a person 
     similarly situated to a spouse, parent, or guardian of the 
     victim under the domestic or family violence laws of the 
     jurisdiction in which such felony or misdemeanor was 
     committed.''.
       (b) Unlawful Acts.--Section 922 of title 18, United States 
     Code, is amended--
       (1) in subsection (d)--
       (A) by striking ``or'' at the end of paragraph (7);
       (B) by striking the period at the end of paragraph (8) and 
     inserting ``; or''; and
       (C) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) has been convicted in any court of any crime 
     involving domestic violence, if the individual has been 
     represented by counsel or knowingly and intelligently waived 
     the right to counsel.'';
       (2) in subsection (g)--
       (A) by striking ``or'' at the end of paragraph (7);
       (B) in paragraph (8), by striking the comma and inserting 
     ``; or''; and
       (C) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) has been convicted in any court of any crime 
     involving domestic violence, if the individual has been 
     represented by counsel or knowingly and intelligently waived 
     the right to counsel,''; and
       (3) in subsection (s)(3)(B)(i), by inserting before the 
     semicolon the following: ``and has not been convicted in any 
     court of any crime involving domestic violence, if the 
     individual has been represented by counsel or knowingly and 
     intelligently waived the right to counsel''.
       (c) Rules and Regulations.--Section 926(a) of title 18, 
     United States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) regulations providing for the effective receipt and 
     secure storage of firearms relinquished by or seized from 
     persons described in subsection (d)(9) or (g)(9) of section 
     922.''.
                                                                    ____


                           Amendment No. 5243

       At the appropriate place, insert the following:

     SEC.   . GUN BAN FOR INDIVIDUALS COMMITTING DOMESTIC 
                   VIOLENCE.

       (a) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(33) The term `crime involving domestic violence' means a 
     felony or misdemeanor crime of violence, regardless of 
     length, term, or manner of punishment, committed by a current 
     or former spouse, parent, or guardian of the victim, by a 
     person with whom the victim shares a child in common, by a 
     person who is cohabiting with or has cohabited with the 
     victim as a spouse, parent, or guardian, or by a person 
     similarly situated to a spouse, parent, or guardian of the 
     victim under the domestic or family violence laws of the 
     jurisdiction in which such felony or misdemeanor was 
     committed.''.
       (b) Unlawful Acts.--Section 922 of title 18, United States 
     Code, is amended--
       (1) in subsection (d)--
       (A) by striking ``or'' at the end of paragraph (7);
       (B) by striking the period at the end of paragraph (8) and 
     inserting ``; or''; and
       (C) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) has been convicted in any court of any crime 
     involving domestic violence, if the individual has been 
     represented by counsel or knowingly and intelligently waived 
     the right to counsel.'';
       (2) in subsection (g)--
       (A) by striking ``or'' at the end of paragraph (7);
       (B) in paragraph (8), by striking the comma and inserting 
     ``; or''; and
       (C) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) has been convicted in any court of any crime 
     involving domestic violence, if the individual has been 
     represented by counsel or knowingly and intelligently waived 
     the right to counsel.''; and
       (3) in subsection (s)(3)(B)(i), by inserting before the 
     semicolon the following: ``and has not been convicted in any 
     court of any crime involving domestic violence, if the 
     individual has been represented by counsel or knowingly and 
     intelligently waived the right to counsel''.
       (c) Rules and Regulations.--Section 926(a) of title 18, 
     United States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) regulations providing for the effective receipt and 
     secure storage of firearms relinquished by or seized from 
     persons described in subsection (d)(9) or (g)(9) of section 
     922.''.
                                 ______
                                 

                        KOHL AMENDMENT NO. 5244

  (Ordered to lie on the table.)
  Mr. KOHL submitted an amendment intended to be proposed by him to the 
bill, H.R. 3756, supra; as follows:

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

     SEC.   . PROHIBITION.

       Section 922(q) of title 18, United States Code, is amended 
     to read as follows:
       ``(q)(1) The Congress finds and declares that--
       ``(A) crime, particularly crime involving drugs and guns, 
     is a pervasive, nationwide problem;
       ``(B) crime at the local level is exacerbated by the 
     interstate movement of drugs, guns, and criminal gangs;
       ``(C) firearms and ammunition move easily in interstate 
     commerce and have been found in increasing numbers in and 
     around schools, as documented in numerous hearings in both 
     the Committee on the Judiciary the House of Representatives 
     and the Committee on the Judiciary of the Senate;
       ``(D) in fact, even before the sale of a firearm, the gun, 
     its component parts, ammunition, and the raw materials from 
     which they are made have considerably moved in interstate 
     commerce;
       ``(E) while criminals freely move from State to State, 
     ordinary citizens and foreign visitors may fear to travel to 
     or through certain parts of the country due to concern about 
     violent crime and gun violence, and parents may decline to 
     send their children to school for the same reason;
       ``(F) the occurrence of violent crime in school zones has 
     resulted in a decline in the quality of education in our 
     country;
       ``(G) this decline in the quality of education has an 
     adverse impact on interstate commerce and the foreign 
     commerce of the United States;
       ``(H) States, localities, and school systems find it almost 
     impossible to handle gun-related crime by themselves--even 
     States, localities, and school systems that have made strong 
     efforts to prevent, detect, and punish gun-related crime find 
     their efforts unavailing due in part to the failure or 
     inability of other States or localities to take strong 
     measures; and
       ``(I) the Congress has the power, under the interstate 
     commerce clause and other provisions of the Constitution, to 
     enact measures to ensure the integrity and safety of the 
     Nation's schools by enactment of this subsection.
       ``(2)(A) It shall be unlawful for any individual knowingly 
     to possess a firearm that has moved in or that otherwise 
     affects interstate or foreign commerce at a place that the 
     individual knows, or has reasonable cause to believe, is a 
     school zone.
       ``(B) Subparagraph (A) does not apply to the possession of 
     a firearm--
       ``(i) on private property not part of school grounds;
       ``(ii) if the individual possessing the firearm is licensed 
     to do so by the State in which the school zone is located or 
     a political subdivision of the State, and the law of the 
     State or political subdivision requires that, before an 
     individual obtains such a license, the law enforcement 
     authorities of the State or political subdivision verify that 
     the individual is qualified under law to receive the 
     license;
       ``(iii) that is--
       ``(I) not loaded; and
       ``(II) in a locked container, or a locked firearms rack 
     that is on a motor vehicle;
       ``(iv) by an individual for use in a program approved by a 
     school in the school zone;
       ``(v) by an individual in accordance with a contract 
     entered into between a school in the school zone and the 
     individual or an employer of the individual;
       ``(vi) by a law enforcement officer acting in his or her 
     official capacity; or
       ``(vii) that is unloaded and is possessed by an individual 
     while traversing school premises for the purpose of gaining 
     access to public or private lands open to hunting, if the 
     entry on school premises is authorized by school authorities.
       ``(3)(A) Except as provided in subparagraph (B), it shall 
     be unlawful for any person, knowingly or with reckless 
     disregard for the safety of another, to discharge or attempt 
     to discharge a firearm that has moved in or that otherwise 
     affects interstate or foreign commerce at a place that the 
     person knows is a school zone.
       ``(B) Subparagraph (A) does not apply to the discharge of a 
     firearm--
       ``(i) on private property not part of school grounds;
       ``(ii) as part of a program approved by a school in the 
     school zone, by an individual who is participating in the 
     program;
       ``(iii) by an individual in accordance with a contract 
     entered into between a school in a school zone and the 
     individual or an employer of the individual; or

[[Page S10335]]

       ``(iv) by a law enforcement officer acting in his or her 
     official capacity.
       ``(4) Nothing in this subsection shall be construed as 
     preempting or preventing a State or local government from 
     enacting a statute establishing gun free school zones as 
     provided in this subsection.''.
                                 ______
                                 

                    GRAHAM AMENDMENTS NOS. 5245-5246

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted two amendments intended to be proposed by him to 
the bill, H.R. 5245, supra; as follows:

                           Amendment No. 5245

       At the appropriate place, insert the following:

     SEC.   . REQUIREMENTS FOR MEDICARE MANAGED CARE.

       (a) Access to Emergency Services.--Subparagraph (B) of 
     section 1876(c)(4) of the Social Security Act (42 U.S.C. 
     1395mm(c)(4)) is amended to read as follows:
       ``(B) meet the requirements of section 3 of the Access to 
     Emergency Medical Care Act of 1995 with respect to members 
     enrolled with an organization under this section.''.
       (b) Timely Authorization for Promptly Needed Care 
     Identified as a Result or Required Screening Evaluation.--
     Section 1876(c) of such Act (42 U.S.C. 1395mm(c)) is amended 
     by adding at the end the following:
       ``(9)(A) The organization must provide access 24 hours a 
     day, 7 days a week to individuals who are authorized to make 
     any prior authorizations required by the organization for 
     coverage of items and services (other than emergency 
     services) that a treating physician or other emergency 
     department personnel identify, pursuant to a screening 
     evaluation required under section 1867(a), as being needed 
     promptly by an individual enrolled with the organization 
     under this part.
       ``(B) The organization is deemed to have approved a request 
     for such promptly needed items and services if the physician 
     or other emergency department personnel involved--
       ``(i) has made a reasonable effort to contact an individual 
     described in subparagraph (A) for authorization to provide an 
     appropriate referral for such items and services or to 
     provide the items and services to the individual and access 
     to the person has not been provided (as required in 
     subparagraph (A)), or
       ``(ii) has requested such authorization from the person and 
     the person has not denied the authorization within 30 minutes 
     after the time the request is made.
       ``(C) Approval of a request for a prior authorization 
     determination (including a deemed approval under subparagraph 
     (B)) shall be treated as approval of a request for any items 
     and services that are required to treat the medical condition 
     identified pursuant to the required screening evaluation.
       ``(D) In this paragraph, the term `emergency services' 
     means--
       ``(i) health care items and services furnished in the 
     emergency department of a hospital (including a trauma 
     center), and
       ``(ii) ancillary services routinely available to such 
     department, to the extent they are required to evaluate and 
     treat an emergency medical condition (as defined in 
     subparagraph (E)) until the condition is stabilized.
       ``(E) In subparagraph (D), the term `emergency medical 
     condition' means a medical condition, the onset of which is 
     sudden, that manifests itself by symptoms of sufficient 
     severity, including severe pain, that a prudent layperson, 
     who possesses an average knowledge of health and medicine, 
     could reasonably expect the absence of immediate medical 
     attention to result in--
       ``(i) placing the person's health in serious jeopardy,
       ``(ii) serious impairment to bodily functions, or
       ``(iii) serious dysfunction of any bodily organ or part.''.
       ``(F) In subparagraph (D), the term `stabilization' means, 
     with respect to an emergency medical condition, that no 
     material deterioration of the condition is likely, within 
     reasonable medical probability, to result or occur before an 
     individual can be transferred in compliance with the 
     requirements of section 1867 of the Social Security Act.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall be effective for contract years beginning on or 
     after the date of this Act.
                                                                    ____


                           Amendment No. 5246

       At the appropriate place, insert the following:
            TITLE ____--WELFARE FORMULA FAIRNESS COMMISSION

     SECTION ____01. SHORT TITLE.

       This title may be cited as the ``Welfare Formula Fairness 
     Commission Act of 1996''.

     SEC. ____02. WELFARE FORMULA FAIRNESS COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the Welfare Formula Fairness Commission (in this 
     title referred to as the ``Commission'').
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of 13 
     members, of whom--
       (A) 3 shall be appointed by the President, of whom not more 
     than 2 shall be of the same political party;
       (B) 3 shall be appointed by the Majority Leader of the 
     Senate;
       (C) 2 shall be appointed by the Minority Leader of the 
     Senate;
       (D) 3 shall be appointed by the Speaker of the House of 
     Representatives; and
       (E) 2 shall be appointed by the Minority Leader of the 
     House of Representatives.
       (2) Date.--The appointments of the members of the 
     Commission shall be made not later than 30 days after the 
     date of the enactment of this Act.
       (c) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (d) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (e) Meetings.--The Commission shall meet at the call of the 
     Chair.
       (f) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (g) Chair and Vice Chair.--The Commission shall select a 
     Chair and Vice Chair from among its members.
       (h) Duties of the Commission.--
       (1) Study.--The Commission shall study--
       (A) the temporary assistance for needy families block grant 
     program established under part A of title IV of the Social 
     Security Act, as amended by the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996; and
       (B) the funding formulas applied, the bonus payments 
     provided, the penalties imposed, and the work requirements 
     established under such program.
       (2) Consultation.--In addressing the issue described in 
     paragraph (1)(B), the Commission shall consult with the 
     Comptroller General of the United States and shall consider 
     the following:
       (A) The rate of poverty in each State.
       (B) The total taxable resources in each State.
       (C) Differences in the efficient operation of the temporary 
     assistance for needy families block grant program among the 
     States.
       (D) Per capita income in each State.
       (E) The cost of living in each State.
       (3) Reports.--
       (A) First report.--
       (i) In general.--The Commission shall submit a first report 
     to the Congress by not later than June 1, 1997.
       (ii) Requirement.--The report submitted to the Congress 
     under clause (i) shall include the Commission's 
     recommendation with respect to the issue described in 
     paragraph (1)(B) in the form of an implementation bill 
     containing such statutory provisions as the Commission may 
     determine are necessary or appropriate to implement such 
     recommendation. Only an implementation bill submitted to the 
     Congress under this paragraph shall be considered under the 
     procedures established under section ____03.
       (B) Subsequent reports.--The Commission shall issue 
     subsequent reports to the Congress by not later than December 
     31, 1997, and December 31, 1998.
       (i) Powers of the Commission.--
       (1) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out the purposes of this title.
       (2) Information from federal agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the provisions of this title. Upon request of the Chair 
     of the Commission, the head of such department or agency 
     shall furnish such information to the Commission.
       (3) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (4) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (j) Personnel Matters.--
       (1) Compensation of members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall serve without compensation. All members of the 
     Commission who are officers or employees of the United States 
     shall serve without compensation in addition to that received 
     for their services as officers or employees of the United 
     States.
       (2) Travel expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (3) Staff.--
       (A) In general.--The Chair of the Commission may, without 
     regard to the civil service laws and regulations, appoint and 
     terminate an executive director and such other additional 
     personnel as may be necessary to enable the Commission to 
     perform its duties. The employment of an executive director 
     shall be subject to confirmation by the Commission.
       (B) Compensation.--The Chair of the Commission may fix the 
     compensation of the executive director and other personnel 
     without regard to the provisions of chapter 51 and subchapter 
     III of chapter 53 of title 5, United States Code, relating to 
     classification of positions and General Schedule pay rates, 
     except that the rate of pay for the executive director and 
     other personnel may not exceed

[[Page S10336]]

     the rate payable for level V of the Executive Schedule under 
     section 5316 of such title.
       (4) Detail of government employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (5) Procurement of temporary and intermittent services.--
     The Chair of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (k) Termination of the Commission.--The Commission shall 
     terminate not later than December 31, 1998.
       (l) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Commission such sums as are 
     necessary to carry out the purposes of this title.

     SEC. ____03. CONGRESSIONAL CONSIDERATION OF COMMISSION 
                   RECOMMENDATIONS.

       (a) Implementing Bill.--An implementing bill described in 
     section ____02(h)(3)(A)(ii) shall be considered by the 
     Congress under the procedures for consideration described in 
     subsection (b).
       (b) Congressional Consideration.--
       (1) Rules of house of representatives and senate.--This 
     subsection is enacted by the Congress--
       (A) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of an implementing bill described 
     in subsection (a), and supersedes other rules only to the 
     extent that such rules are inconsistent therewith; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner and 
     to the same extent as in the case of any other rule of that 
     House.
       (2) Introduction and referral.--On the day on which the 
     implementing bill described in subsection (a) is transmitted 
     to the House of Representatives and the Senate, such bill 
     shall be introduced (by request) in the House of 
     Representatives by the Majority Leader of the House, for 
     himself or herself and the Minority Leader of the House, or 
     by Members of the House designated by the Majority Leader and 
     Minority Leader of the House and shall be introduced (by 
     request) in the Senate by the Majority Leader of the Senate, 
     for himself or herself and the Minority Leader of the Senate, 
     or by Members of the Senate designated by the Majority Leader 
     and Minority Leader of the Senate. If either House is not in 
     session on the day on which the implementing bill is 
     transmitted, the bill shall be introduced in that House, as 
     provided in the preceding sentence, on the first day 
     thereafter on which that House is in session. If the 
     implementing bill is not introduced within 5 days of its 
     transmission, any Member of the House and of the Senate may 
     introduce such bill. The implementing bill introduced in the 
     House of Representatives and the Senate shall be referred to 
     the appropriate committees of each House.
       (3) Period for committee consideration.--If the committee 
     or committees of either House to which an implementing bill 
     has been referred have not reported the bill at the close of 
     July 1, 1997 (or if such House is not in session, the next 
     day such House is in session), such committee or committees 
     shall be automatically discharged from further consideration 
     of the implementing bill and it shall be placed on the 
     appropriate calendar.
       (4) Floor consideration in the senate.--
       (A) In general.--Within 5 days after the implementing bill 
     is placed on the calendar, the Majority Leader, at a time to 
     be determined by the Majority Leader in consultation with the 
     Minority Leader, shall proceed to the consideration of the 
     bill. If on the sixth day after the bill is placed on the 
     calendar, the Senate has not proceeded to consideration of 
     the bill, then the presiding officer shall automatically 
     place the bill before the Senate for consideration. A motion 
     in the Senate to proceed to the consideration of an 
     implementing bill shall be privileged and not debatable. An 
     amendment to the motion shall not be in order, nor shall it 
     be in order to move to reconsider the vote by which the 
     motion is agreed to or disagreed to.
       (B) Time limitation on consideration of bill.--
       (i) In general.--Debate in the Senate on an implementing 
     bill, and all amendments and debatable motions and appeals in 
     connection therewith, shall be limited to not more than 30 
     hours. The time shall be equally divided between, and 
     controlled by, the Majority Leader and the Minority Leader or 
     their designees.
       (ii) Debate of amendments, motions, points of order, and 
     appeals.--In the Senate, no amendment which is not relevant 
     to the bill shall be in order. Debate in the Senate on any 
     amendment, debatable motion or appeal, or point of order in 
     connection with an implementing bill shall be limited to--

       (I) not more than 2 hours for each first degree relevant 
     amendment,
       (II) one hour for each second degree relevant amendment, 
     and
       (III) 30 minutes for each debatable motion or appeal, or 
     point of order submitted to the Senate,

     to be equally divided between, and controlled by, the mover 
     and the manager of the implementing bill, except that in the 
     event the manager of the implementing bill is in favor of any 
     such amendment, motion, appeal, or point of order, the time 
     in opposition thereto, shall be controlled by the Minority 
     Leader or designee of the Minority Leader. The Majority 
     Leader and Minority Leader, or either of them, may, from time 
     under their control on the passage of an implementing bill, 
     allot additional time to any Senator during the consideration 
     of any amendment, debatable motion or appeal, or point of 
     order.
       (C) Other motions.--A motion to recommit an implementing 
     bill is not in order.
       (D) Final passage.--Upon the expiration of the 30 hours 
     available for consideration of the implementing bill, it 
     shall not be in order to offer or vote on any amendment to, 
     or motion with respect to, such bill. Immediately following 
     the conclusion of debate in the Senate on an implementing 
     bill that was introduced in the Senate, such bill shall be 
     deemed to have been read a third time and the vote on final 
     passage of such bill shall occur without any intervening 
     action or debate.
       (E) Debate on differences between the houses.--Debate in 
     the Senate on motions and amendments appropriate to resolve 
     the differences between the Houses, at any particular stage 
     of the proceedings, shall be limited to not more than 5 
     hours.
       (F) Debate on conference report.--Debate in the Senate on 
     the conference report shall be limited to not more than 10 
     hours.
       (5) Floor consideration in the house of representatives.--
       (A)  Proceed to consideration.--On the sixth day after the 
     implementing bill is placed on the calendar, it shall be 
     privileged for any Member to move without debate that the 
     House resolve itself into the Committee of the Whole House on 
     the State of the Union, for the consideration of the bill, 
     and the first reading of the bill shall be dispensed with.
       (B) General debate.--After general debate, which shall be 
     confined to the implementing bill and which shall not exceed 
     4 hours, to be equally divided and controlled by the Chairman 
     and Ranking Minority Member of the Committee or Committees to 
     which the bill had been referred, the bill shall be 
     considered for amendment by title under the 5-minute rule and 
     each title shall be considered as having been read. The total 
     time for considering all amendments shall be limited to 26 
     hours of which the total time for debating each amendment 
     under the 5-minute rule shall not exceed one hour.
       (C) Rise and report.--At the conclusion of the 
     consideration of the implementing bill for amendment, the 
     Committee of the Whole on the State of the Union shall rise 
     and report the bill to the House with such amendments as may 
     have been adopted, and the previous question shall be 
     considered as ordered on the bill and the amendments thereto, 
     and the House shall proceed to vote on final passage without 
     intervening motion except one motion to recommit.
       (6) Computation of days.--For purposes of this subsection, 
     in computing a number of days in either House, there shall be 
     excluded--
       (A) the days on which either House is not in session 
     because of an adjournment of more than 3 days to a day 
     certain, or an adjournment of the Congress sine die; and
       (B) any Saturday and Sunday not excluded under subparagraph 
     (A) when either House is not in session.
                                 ______
                                 

                       INHOFE AMENDMENT NO. 5247

  (Ordered to lie on the table.)
  Mr. INHOFE submitted an amendment intended to be proposed by him to 
the bill, H.R. 3756, supra; as follows:

       On page 60, strike lines 19 through 21.
                                 ______
                                 

                      HATFIELD AMENDMENT NO. 5248

  (Ordered to lie on the table.)
  Mr. HATFIELD submitted an amendment intended to be proposed by him to 
the bill, H.R. 3756, supra; as follows:

     TITLE   --LOCAL EMPOWERMENT AND FLEXIBILITY PILOT ACT OF 1996

     SECTION   01. SHORT TITLE.

       This Act may be cited as the ``Local Empowerment and 
     Flexibility Pilot Act of 1996.''

     SEC.   02. FINDINGS.

       The Congress finds that--
       (1) historically, Federal programs have addressed the 
     Nation's problems by providing categorical financial 
     assistance with detailed requirements relating to the use of 
     funds;
       (2) while the assistance described in paragraph (1) has 
     been directed at critical problems, some program requirements 
     may inadvertently impede the effective delivery of services;
       (3) the Nation's State, local, and tribal governments and 
     private, nonprofit organizations are dealing with 
     increasingly complex problems which require the delivery of 
     many kinds of services;
       (4) our nation's communities are diverse and many have 
     innovative planning and community involvement strategies to 
     comprehensively meet their particular service needs for 
     providing service, but Federal,

[[Page S10337]]

     State, and local grant and other requirements often hamper 
     effective implementation of such strategies.
       (5) it is more important than ever to provide programs 
     that--
       (A) promote more effective and efficient delivery of 
     services at all levels of government to meet the full range 
     of needs of individuals, families, and society;
       (B) respond flexibly to the diverse needs of the Nation's 
     communities;
       (C) reduce the barriers between programs that impede the 
     State, local, and tribal governments' ability to effectively 
     deliver services; and
       (D) empower State, local, and tribal governments and 
     private, nonprofit organizations to be innovative in creating 
     programs that meet the unique needs of their communities 
     while continuing to address national policy goals; and

     SEC.   03. PURPOSES.

       The purposes of this Act are to--
       (1) improve the delivery of services to the public;
       (2) promote State, local and tribal governments and 
     private, non-profit organizations and consortiums to identify 
     goals to improve their communities and the lives of their 
     citizens;
       (3) enable eligible applicants to adapt programs of Federal 
     financial assistance to the particular needs of their 
     communities by integrating programs and program funds across 
     existing Federal financial assistance programs that have 
     similar purposes;
       (4) more effectively meet the goals and purposes of 
     Federal, State and local financial assistance programs;
       (5) empower eligible applicants to work together to build 
     stronger cooperative, intergovernmental and private 
     partnerships to address critical service problems;
       (6) place less emphasis in Federal financial assistance 
     programs on complying with procedures and more emphasis on 
     achieving Federal, State, local and tribal policy goals;
       (7) facilitate State, local, and tribal government efforts 
     to develop regional or metropolitan solutions to shared 
     problems;
       (8) improve intergovernmental efficiency.

     SEC.   04. DEFINITIONS.

       For purposes of this Act:
       (1) Affected federal agency.--The term ``affected Federal 
     agency'' means the Federal agency with principal authority 
     for the administration of an eligible Federal financial 
     assistance program included in a plan.
       (2) Affected state agency.--The term ``affected State 
     agency'' means--
       (A) any State agency with authority for the administration 
     of any State program or eligible Federal financial assistance 
     program; and
       (B) with respect to education programs, the term shall 
     include the State Education Agency as defined by the 
     Elementary and Secondary Education Act and the Higher 
     Education Act.
       (3) Approved flexibility plan.--The term ``approved 
     flexibility plan'' means a flexiblility plan or the part of a 
     flexibility plan, that is approved by the Community 
     Empowerment Board under section 8.
       (4) Board.--The term ``Board'' means the Community 
     Empowerment Board established under section 5.
       (5) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (6) Eligible applicant.--The term ``eligible applicant'' 
     means a State, local, or tribal government, qualified 
     organization, or qualified consortium that is eligible to 
     receive financial assistance under 1 or more eligible Federal 
     financial assistance programs.
       (7) Eligible federal financial assistance program.--The 
     term ``eligible Federal financial assistance program''--
       (A) except as provided in subparagraph (B), means a 
     domestic assistance program (as defined under section 6101(4) 
     of title 31, United States Code) under which financial 
     assistance is available, directly or indirectly, to a State, 
     local, or tribal government or a qualified organization to 
     carry out activities consistent with national policy goals; 
     and
       (B) does not include--
       (i) a Federal program under which direct financial 
     assistance is provided by the Federal Government directly to 
     an individual beneficiary of that financial assistance, or to 
     a State to provide direct financial assistance, or to a State 
     to provide direct financial or food voucher assistance 
     directly to an individual beneficiary;
       (ii) a program carried out with direct spending (as defined 
     in section 250(c)(8) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)); or
       (iii) a program of assistance referred to in section 
     6101(4)(A)(ix) of title 31, United States Code or Section 
     3(10) of the Congressional Budget Act of 1974.
       (8) Empowerment zone-eligible area.--The term ``empowerment 
     zone-eligible area'' means any area nominated for designation 
     under subchapter U of chapter I of the Internal Revenue Code 
     of 1986 that was ruled as meeting the technical eligibility 
     standards established for that Federal policy.
       (9) Flexibility plan.--The term ``flexibility plan'' means 
     a comprehensive plan or part of such plan for the integration 
     and administration by an eligible applicant of financial 
     assistance provided by the Federal Government under 2 or more 
     eligible Federal financial assistance programs that includes 
     funds from Federal, State, local, or tribal government or 
     private sources to address the service needs of a community.
       (10) Local government.--The term ``local government'' 
     means--
       (A) a political subdivision of a State that is a unit of 
     general local government (as defined under section 6501 of 
     title 31, United States Code);
       (B) any combination of political subdivisions described in 
     subparagraph (A) that submits an application to the Board; or
       (C) a local educational agency as defined under section 
     14101(18) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 8801(18)).
       (11) Qualified consortium.--The term ``qualified 
     consortium'' means a group that is composed of 2 or more 
     qualified organizations, State, local, or tribal agencies 
     that receive federally appropriated funds.
       (12) Qualified organization.--The term ``qualified 
     organization'' means a private, nonprofit organization 
     described in section 501(c)(3) of the Internal Revenue Code 
     of 1986 (26 U.S.C. 501(c)(3)) that is exempt from taxation 
     under section 501(a) of the Internal Revenue Code of 1986 (26 
     U.S.C. 501(a)).
       (13) Small government.--The term ``small government'' means 
     any small governmental jurisdiction defined in section 601(5) 
     of title 5, United States Code, and a tribal government.
       (14) State.--The term ``State'' means each of the 50 
     States, the District of Columbia, Puerto Rico, American 
     Samoa, Guam, and the Virgin Islands.
       (15) State legislative official.--The term ``State 
     legislative official'' means--
       (A) the presiding officer of a chamber of a State 
     legislature; and
       (B) the minority leader of a chamber of a State 
     legislature.
       (14) Tribal government.--The term ``tribal government'' 
     means the governing entity of an Indian tribe, as that term 
     is defined in the Indian Self Determination and Education 
     Assistance Act (25 U.S.C. 450b).

     SEC.   05. ESTABLISHMENT OF COMMUNITY EMPOWERMENT BOARD.

       (a) In General.--There is established a Community 
     Empowerment Board, which shall consist of--
       (1) the Secretary of Housing and Urban Development;
       (2) the Secretary of Health and Human Services;
       (3) the Secretary of Agriculture;
       (4) the Secretary of Transportation;
       (5) the Secretary of Education;
       (6) the Secretary of Commerce;
       (7) the Secretary of Labor;
       (8) the Secretary of the Treasury;
       (9) the Attorney General;
       (10) the Secretary of the Interior;
       (11) the Secretary of Energy;
       (12) the Secretary of Veterans Affairs;
       (13) the Secretary of Defense;
       (14) the Director of the Federal Emergency Management 
     Agency;
       (15) the Administrator of the Environment Protection 
     Agency;
       (16) the Director of the National Drug Control Policy;
       (17) the Administrator of the Small Business 
     Administration;
       (18) the Director of the Office of Management and Budget;
       (19) the Administator of General Services; and
       (20) other officials of the Executive Branch as directed by 
     the President.
       (b) Chair.--The President shall designate the Chair of the 
     Board from among its members.
       (c) Functions.--
       (1) In general.--The Board shall--
       (A) no later than 180 days after implementation of this 
     Act, select 6 states to participate in this Act;
       (B) receive, review, and approve or disapprove flexibility 
     plans in accordance with section 7;
       (C) consider all requests for technical assistance from 
     eligible applicants and, when appropriate, provide or direct 
     that an affected Federal agency provide the head of an agency 
     that administers an eligible Federal financial assistance 
     program under which substantial Federal financial assistance 
     would be provided under the plan to provide technical 
     assistance to the eligible applicant, and to the extent 
     permitted by law, special assistance to interested small 
     governments to support the development and implementation of 
     a flexibility plan, which may include expedited processing;
       (D) in consultation with the Director, monitor the progress 
     of development and implementation of flexibility plans;
       (E) in consultation with the Director, coordinate and 
     assist Federal agencies in identifying regulations of 
     eligible Federal financial assistance programs for revision, 
     repeal and coordination;
       (F) evaluate performance standards and evaluation criteria 
     for eligible Federal financial assistance programs, and make 
     specific recommendations to agencies regarding how to revise 
     such standards and criteria in order to establish specific 
     performance and outcome measures upon which the success of 
     such programs and the success of the plan may be compared and 
     evaluated; and
       (G) designate a Federal agency to be primarily responsible 
     for the oversight, monitoring, and evaluation of the 
     implementation of a plan.
       (2) Qualifications for states.--Of the 6 States selected 
     for participation under paragraph 1 (A)--3 States shall each 
     have a population of 3,500,000 or more as determined under 
     the most recent decennial census; and
       (B) 3 States shall each have a population of 3,500,000 or 
     less as determined under the most recent decennial census.

[[Page S10338]]

       (d) Coordination and Assistance.--The Director, in 
     consultation with the Board, shall coordinate and assist 
     Federal agencies in creating--
       (1) a uniform application to be used to apply for 
     assistance from eligible Federal financial assistance 
     programs;
       (2) a release form to be used by grantees to facilitate, 
     where appropriate and otherwise lawful, the sharing of 
     information across eligible Federal financial assistance 
     programs; and
       (3) a system wherein an organization or consortium of 
     organizations may use one proposal to apply for funding from 
     multiple eligible Federal financial assistance programs.
       (e) Details and Assignments To Board.--At the request of 
     the Board and with the approval of the appropriate Federal 
     agency, staff of the agency may be detailed or assigned to 
     the Board on a nonreimbursable basis.
       (f) Interagency Financing.--Notwithstanding any other law, 
     interagency financing is authorized to carry out the purposes 
     of this Act.
       (g) Judicial Review.--The actions of the Board shall not be 
     subject to judicial review.

     SEC.   06. APPLICATION FOR APPROVAL OF FLEXIBILITY PLAN.

       (A) In General.--An eligible applicant may submit to the 
     Board in accordance with this section an application for 
     approval of a flexibility plan.
       (b) Contents of Application.--An application submitted 
     under this section shall include--
       (1) a proposed flexibility plan that complies with 
     subsection (c);
       (2) written certification by the chief executive of the 
     applicant, and such additional assurances as may be required 
     by the Board, that--
       (A) the applicant has the ability, authority, and resources 
     to implement the proposed plan, throughout the geographic 
     area in which the proposed plan is intended to apply; and
       (B) amounts are available from non-Federal sources to pay 
     the non-Federal share of all eligible Federal financial 
     assistance programs included in the proposed plan;
       (C) the flexibility plan prohibits the integration or 
     combination of program funds across existing Federal 
     financial assistance programs which do not have similar 
     purposes.
       (3) all comments on the proposed plan submitted under 
     subsection (d) by a Governor, affected State agency, State 
     legislative official, or a chief executive of a local or 
     tribal government that would be directly affected by 
     implementation of the proposed plan, and the applicant's 
     responses to those comments;
       (4) written documentation that the eligible applicant 
     informed the affected community of the contents of the plan 
     and gave the public opportunity to comment upon the plan, 
     including at least one public hearing involving agencies, 
     qualified organizations, eligible intended beneficiaries of 
     the plan, and others directly affected by the plan;
       (5) a summary of the public comment received on the plan 
     and the applicant's responses to the significant comments;
       (6) other relevant information the Board may require to 
     review or approve the proposed plan.
       (c) Contents of Plan.--A flexibility plan submitted by an 
     eligible applicant under this section shall include--
       (1) the geographic area and timeframe to which the plan 
     applies and the rationale for selecting the area and 
     timeframe;
       (2) the particular groups of individuals, by service needs, 
     economic circumstances, or other defining factors, who 
     currently receive services and benefits under the eligible 
     Federal financial assistance programs included in the plan 
     and the particular groups of individuals, by service needs, 
     economic circumstances, or other defining factors who would 
     receive services and benefits under the plan;
       (3) the specific goals and measurable performance criteria 
     that demonstrate how the plan is expected to improve the 
     delivery of services to the public including--
       (A) a description of how performance shall be measured 
     under the plan when compared to the current performance of 
     the eligible Federal financial assistance programs included 
     in the plan; and
       (B) a system for the comprehensive evaluation of the impact 
     of the plan on individuals who receive services and benefits 
     in the community affected by the plan, that shall include--
       (i) a list of goals to improve the community and the lives 
     of its citizens in the geographic area covered by the plan;
       (ii) a list of goals identified by the State in which the 
     plan is to be implemented, if such goals have been 
     established by the State; and
       (iii) a description of how the plan will--
       (I) attain the goals listed in clauses (i) and (ii);
       (II) measure performance; and
       (III) collect and maintain data;
       (4) the eligible Federal financial assistance programs 
     included in the plan and the specific services and benefits 
     to be provided under the plan under such programs, 
     including--
       (A) criteria for determining eligibility for services and 
     benefits under the plan;
       (B) the services and benefits available under the plan;
       (C) the amounts and form (such as cash, in-kind 
     contributions, or financial instruments) of non-service 
     benefits; and
       (D) any other descriptive information the Board considers 
     necessary to approve the plan;
       (5) a description of the statutory goals and purposes of 
     each Federal financial assistance program included in the 
     plan and how the goals and purposes of such programs shall 
     more effectively be met at the State, local and tribal 
     level;
       (6) a general description of how the plan appropriately 
     addresses any effect that administration of each eligible 
     Federal financial assistance program included in the plan 
     would have on the administration of programs not included in 
     the plan;
       (7) a description of how the flexibility plan will 
     adequately achieve the purposes of this Act;
       (8) except for the requirements described under section 
     7(f)(3), any Federal statutory or regulatory requirement of 
     an eligible Federal financial assistance program included in 
     the plan, the waiver of which is necessary to implement the 
     plan, and the detailed justification for the waiver request;
       (9) any State, local, or tribal statutory, regulatory, or 
     other requirement, the waiver of which is necessary to 
     implement the plan, and an indication of commitment of the 
     appropriate State, local, or tribal governments to grant such 
     waivers;
       (9) a description of the Federal fiscal control and related 
     accountability procedures applicable under the plan;
       (10) a description of the sources and amounts of all non-
     Federal funds that are required to carry out eligible Federal 
     financial assistance programs included in the plan;
       (11) verification that Federal funds made available under 
     the plan will not supplant non-Federal funds for existing 
     services and activities that promote the goals of the plan;
       (12) verification that none of the Federal funds under the 
     plan would be used to--
       (A) meet maintenance of effort requirements of such an 
     activity, or
       (B) meet State, local, or tribal matching shares; and
       (13) any other relevant information the Board may require 
     to approve the plan;
       (d) Procedure for Applying.--
       (1) Submission to affected state and local governments.--An 
     eligible applicant shall submit an application for approval 
     of a proposed flexibility plan to each State government and 
     each local government that the applicant deems to be directly 
     affected by the plan, at least 60 days before submitting the 
     application to the Board.
       (2) Review by affected government.--The Governor, affected 
     State agency head, State legislative official, and the chief 
     executive officer of a local government that receives an 
     application submitted under paragraph (1) may each, by no 
     later than 60 days after the date of that receipt--
       (A) prepare comments on the proposed flexibility plan 
     included in the application;
       (B) describe and make commitments to waive any State or 
     local laws or other requirements which are necessary for 
     successful implementation of the proposed plan; and
       (C) submit the comments and commitments to the eligible 
     applicant.
       (3) Submittal to board.--Applications for approval of a 
     flexibility plan shall only be submitted to the Board 
     between--
       (A) October 1, 1997 and March 31, 1998; or
       (B) October 1, 1998 and March 31, 1999.
       (4) Action by affected government.--If the Governor, 
     affected State agency head, State legislative official or the 
     chief executive officer of a local government--
       (A) fails to act on or otherwise endorse a plan application 
     within 60 days after receiving an application under paragraph 
     (1);
       (B) does not make and submit to the eligible applicant the 
     commitments described in paragraph (2) (A) and (B); or
       (C) disagrees with all or part of the proposed flexibility 
     plan;

     the eligible applicant may submit the application to the 
     Board if the application is amended as necessary for the 
     successful implementation of the proposed plan without the 
     commitment made under paragraph (2)(B), including by adding 
     an updated description of the ability of the proposed 
     flexibility plan to meet plan goals and satisfy performance 
     criteria in the absence of statutory and regulatory waivers 
     and financial and technical support from the State or local 
     government.
       (e) Tribal Sovereignty.--Nothing under this Act shall be 
     construed to affect, or otherwise alter, the sovereign 
     relationship between tribal governments and the Federal 
     Government.
       (f) Eligibility For Other Assistance.--Disapproval by the 
     Board of a flexibility plan submitted by an eligible 
     applicant under this Act shall not affect the eligibility of 
     the applicant for assistance under any Federal program.
       (g) State, Local or Tribal Authority.--Nothing in this Act 
     shall be construed to grant the Board, Federal agency, or any 
     eligible applicant authority to waive or otherwise preempt--
       (1) any State, local, or tribal law or regulation including 
     the legal authority under State law of any affected State 
     agency, State entity, or public official over programs that 
     are under the jurisdiction of the agency, entity or official; 
     or
       (2) the existing authority of a State, local, or tribal 
     government or qualified organization or consortium with 
     respect to an eligible Federal financial assistance program 
     included in the plan unless such entity has consented to the 
     terms of the plan.

[[Page S10339]]

     SEC.   07. REVIEW AND APPROVAL OF FLEXIBILITY PLANS AND 
                   WAIVER REQUESTS.

       (a) Review of Applications.--Upon receipt of an application 
     for approval of a proposed flexibility plan, the Board shall 
     notify the eligible applicant as to whether or not the plan 
     is complete. If the Board determines a plan is complete, the 
     Board shall--
       (1) establish procedures for consultation with the 
     applicant during the review process;
       (2) publish notice of the application for approval in the 
     Federal Register and make available the contents to any 
     interested party upon written request;
       (3) if appropriate, coordinate public hearings on the plan 
     by either the Board or the appropriate Federal agency;
       (4) approve or disapprove plans submitted under--
       (i) section 6(d)(3)(A) no later than July 31, 1998; or
       (ii) section 6(d)(3)(B) no later than July 31, 1999;
       (5) in the case of any disapproval of a plan, include 
     written justification of the reasons for disapproval in the 
     notice of disapproval sent to the applicant;
       (6) publicly announce and forward to Congress on July 31, 
     1998 and July 31, 1999, the list of approved flexibility 
     plans, including an identification of approved plans that 
     request statutory or regulatory waivers and the 
     identification of such requested waivers.
       (b) Approval--
       (1) In general.--The Board may approve a flexibility plan 
     for which an application is submitted by an eligible 
     applicant under this Act, if the Board determines that--
       (A) the contents of the application for approval of the 
     plan comply with the requirements of this Act; and
       (B) the contents of the flexibility plan indicate that the 
     plan will effectively achieve the purposes of this Act 
     described in section 3 by adhering to the conditions 
     described in sections 6 and 7;
       (2) Restriction.--(A) The Board may approve no more than 30 
     plans; and
       (B) only three approved plans may be submitted by state 
     applicants.
       (3) Requirement to Disapprove Plan.--The Board must 
     disapprove a flexibility plan if the Board determines that--
       (A) implementation of the plan would result in any increase 
     in the total amount of obligations or outlays of 
     discretionary appropriations or direct spending under Federal 
     financial assistance programs, over the amounts of such 
     obligations and outlays that would occur under those programs 
     without implementation of the plan; or
       (B) the flexibility plan fails to comply with paragraph 
     (1).
       (4) Specification of Period of Effectiveness.--In approving 
     any flexibility plan, the Board shall specify the period 
     during which the plan is effective, which is no case shall be 
     greater than 5 years from the date of approval.
       (d) Memoranda of Understanding Required.--
       (1) In general.--An approved flexibility plan may not take 
     effect until the Board receives a signed memorandum of 
     understanding agreed to by the eligible applicant that would 
     receive Federal financial assistance administered under the 
     flexibility plan and by each affected Federal agency.
       (2) Contents.--A memorandum of understanding under this 
     subsection shall specify all understanding that have been 
     reached by the affected Federal agencies and the eligible 
     applicant. The memorandum shall include understanding with 
     respect to--
       (A) the conditions described in sections 6 and 7;
       (B) the effective dates of all State; local or tribal 
     government waivers;
       (C) technical or special assistance being provided to the 
     eligible applicant; and
       (D) the effective date and timeframe of the plan and each 
     Federal waiver approved in the plan;
       (E)(i) the total amount of Federal funds that will be 
     provided as services and benefits under or used to administer 
     eligible Federal financial assistance programs included in 
     the plan; or
       (ii) a mechanism for determining that amount, including 
     specification of the total amount of Federal funds that will 
     be provided or used under each eligible Federal financial 
     assistance program included in the plan.
       (e) Limitation on Confidentiality Requirements.--The Board 
     may not, as a condition of approval of flexibility plan or 
     with respect to the implementation of an approved flexibility 
     plan, establish any confidentiality requirement that would--
       (1) impede the exchange of information needed for the 
     design or provision of services and benefits under the plans; 
     or
       (2) conflict with law.
       (f) Limitation on the Use of Funds.--The Board may not 
     approve any plan that includes funds under an eligible 
     Federal financial assistance program to--
       (1) support tuition vouchers for children attending private 
     elementary or secondary schools; or
       (2) otherwise pay their cost of attending such schools.
       (g) Waivers of Federal Requirements.--
       (1) In general.--Notwithstanding any other law and subject 
     to paragraphs (2) and (3), affected Federal agencies may 
     waive, for a period of time not to exceed 5 years from the 
     date the Board receives a signed memorandum of understanding, 
     any statutory or regulatory requirement of an eligible 
     Federal assistance program included in an approved 
     flexibility plan of an eligible applicant if that waiver is--
       (A) necessary for implementation of the flexibility plan;
       (B) not disapproved by the Board; and
       (C) necessary to effectively achieve the purposes of this 
     Act described in section 3 by adhering to the conditions 
     described in sections 6 and 7.
       (2) Effective Period of Waiver.--A waiver granted under 
     this section shall terminate on the earlier of--
       (A) the expiration of a period specified by the affected 
     Federal agency not to exceed five years from the date the 
     Board receives the signed memorandum of understanding; or
       (B) any date on which the flexibility plan for which the 
     waiver is granted ceases to be effective.
       (3) Restriction on Waiver Authority.--Any affected Federal 
     agency may not grant a waiver for a statutory or regulatory 
     requirement of an eligible Federal financial assistance 
     program requested under this section that--
       (A) may be waived under another provision of law except in 
     accordance with the requirements and limitations imposed by 
     that other provision of law;
       (B) enforces statutory or constitutional rights of 
     individuals including the right to equal access and 
     opportunity in housing and education, including any 
     requirement under the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq);
       (C) enforces any civil rights that prohibit discrimination 
     on the basis of race, color, religion, sex, national origin, 
     age, handicap, or disability;
       (D) protects public health and safety, the environment, 
     labor standards, or worker safety;
       (E) provides for a maintenance of effort, matching share or 
     prohibition on supplanting; or
       (F) grants any person a cause of action.

     SEC.  08. IMPLEMENTATION, AMENDING AND TERMINATION OF 
                   APPROVED FLEXIBILITY PLANS.

       (a) Implementation.--
       (1) The Board, in consultation with the Director, shall 
     issue guidance to implement this Act within 180 days after 
     the date of enactment of this Act.
       (2) Notwithstanding any other law, any service or benefit 
     that is provided under an eligible Federal financial 
     assistance program included in an approved flexibility plan 
     shall be paid and administered in the manner specified in the 
     approved flexibility plan.
       (3) The authority provided under this Act to waive 
     provisions of grant agreements may be exercised only as long 
     as the funds provided for the grant program in question are 
     available for obligation by the Federal Government.
       (b) Amending of Flexibility Plan.--
       (1) In the event that an eligible applicant--
       (A) desires an amendment to an approved flexibility plan in 
     order to better meet the purposes of this Act; or
       (B) requires an amendment to ensure continued 
     implementation of an approved flexibility plan, the applicant 
     shall--
       (i) submit the proposed amendment to the Board for review 
     and approval; and
       (ii) upon approval, enter into a revised memorandum of 
     understanding with the affected Federal agency.
       (2) Approval of the Board and, when appropriate, affected 
     Federal agency, shall be based upon the same conditions 
     required for approval of a flexibility plan.
       (c) Termination of Plan.--
       (1) Termination of plan by board.--
       (A) In general.--The Board shall terminate an approved 
     flexibility plan, if, after consultation with the affected 
     Federal agencies, the Board determines that--
       (i) the applicant of the approved flexibility plan is 
     unable to meet the commitments under this Act; or
       (ii) audit or oversight activities determine there has been 
     fraud or abuse involving Federal funds under the plan.
       (B) Transition period.--In terminating an approved 
     flexibility plan under this paragraph, the Board shall allow 
     a reasonable period of time for appropriate Federal agencies 
     and eligible applicants to resume administration of Federal 
     programs that are eligible Federal financial assistance 
     programs included in the plan.
       (2) Revocation of waiver.--
       (A) The Board may recommend that an affected Federal 
     agency, and an affected Federal agency may, revoke a waiver 
     under section 7(f) if the applicant of the approved 
     flexibility plan fails to--
       (i) comply with the requirements of the plan;
       (ii) make acceptable progress towards achieving the goals 
     and performance criteria set forth in the plan; or
       (iii) use funds in accordance with the plan.
       (B) Affected Federal agencies shall revoke all waivers 
     issued under section 7(f) for a flexibility plan if the Board 
     terminates the plan.
       (C) Explanation Required.--In the case of termination of a 
     plan or revocation of a waiver, as appropriate, the Board or 
     affected Federal agencies shall provide for the former 
     eligible applicant a written justification of the reasons for 
     termination or revocation.

     SEC.   09 EVALUATIONS AND REPORTS.

       (a) Approved Applicants.
       (1) In general.--An applicant of an approved flexibility 
     plan, in accordance with guidance issued by the Board, 
     shall--
       (A) submit any reports on and cooperate in any audits of 
     the implementation of its approved flexibility plan; and

[[Page S10340]]

       (B) monitor the effect implementation of the plan has had 
     on--
       (i) individuals who receive services and benefits under the 
     plan;
       (ii) communities in which those individuals live;
       (iii) costs of administering and providing assistance under 
     eligible Federal financial assistance programs included in 
     the plan; and
       (iv) performance of the eligible Federal financial 
     assistance programs included in the plan compared to the 
     performance of such programs prior to implementation of the 
     plan.
       (2) Initial 1-year report.--No later than 90 days after the 
     end of the 1-year period beginning on the date the plan takes 
     effect, and annually thereafter, the approved applicant, 
     respectively, shall submit to the Board a report on the 
     principal activities, achievements, and shortcomings under 
     the plan during the period covered by the report, comparing 
     those achievements and shortcomings to the goals and 
     performance criteria included in the plan under section 
     6(c)(3).
       (3) Final report.--No later than 120 days after the end of 
     the effective period of an approved flexibility plan, the 
     approved applicant shall submit to the Board a final 
     report on implementation of the plan, including a full 
     evaluation of the successes and shortcomings of the plan 
     and the effects of that implementation on individuals who 
     receive benefits under the eligible Federal financial 
     assistance programs under the plan.
       (b) Board.--No later than two years after the date of the 
     enactment of this Act, and annually thereafter, the Board 
     shall submit a report to the President and the Congress on 
     the Federal statutory and regulatory requirements of eligible 
     Federal financial assistance programs that are most 
     frequently waived under section 7(f) with respect to approved 
     flexibility plans. The President shall review the report and 
     identify those statutory and regulatory requirements that the 
     President determines should be amended or repealed.
       (c) Director.--Two years after this Act goes into effect, 
     and no less than 60 days after repeal of this Act, the 
     Director shall report on its progress in achieving the 
     functions outlined in section 5(d).
       (c) General Accounting Office.--
       (1) Beginning on the date of enactment of this Act, the 
     General Accounting Office shall--
       (A) evaluate the effectiveness of eligible Federal 
     financial assistance programs included in flexibility plans 
     approved pursuant to this Act compared with such programs not 
     included in a flexibility plan;
       (B) establish and maintain, through the effective date of 
     this statute, a program for the ongoing collection of data 
     and analysis of each eligible Federal financial assistance 
     program included in an approved flexibility plan.
       (2) No later than January 1, 2005, the General Accounting 
     Office shall submit a report to Congress and the President 
     that describes and evaluates the results of the evaluations 
     conducted pursuant to paragraphs (1) and any recommendations 
     on how to improve flexibility in the administration of 
     eligible Federal Financial assistance programs.
       (d) Advisory Commission on Intergovernmental Relations.--No 
     later than January 1, 2005, the Advisory Commission on 
     Intergovernmental Relations shall submit a report to the 
     Congress and President that--
       (1) describes the extent to which this Act has improved the 
     ability of State, local and tribal governments, particularly 
     smaller units of government, to make more effective use of 
     two or more Federal financial assistance programs included in 
     a flexibility plan;
       (2) evaluates if or how the Flexibility provided by this 
     Act has improved the system of Federal financial assistance 
     to State, local and tribal governments, and enabled 
     governments and community organizations to work together more 
     effectively; and
       (3) includes recommendations with respect to flexibility 
     for State, local and tribal governments.

     SEC.   010. REPEAL.

       This Act is repealed on January 1, 2005.

     SEC.   011. DELIVERY DATE OF FEDERAL CONTRACT, GRANT, AND 
                   ASSISTANCE APPLICATIONS.

       (a) General Rules.--
       (1) Date of delivery.--The Director of the Office of 
     Management and Budget shall direct all Federal agencies to 
     develop a consistent policy relating to Federal contract, 
     grant, and other assistance applications which stipulated 
     that if any bid, grant application, or other document 
     required to be filled within a prescribed period or on or 
     before a prescribed date is, after such period or such date 
     delivered by United States mail to the agency, officer, or 
     office with such bid, grant application, or other document is 
     required to be made, the date of the United States postmark 
     stamped on the cover in which such bid, grant application, or 
     other document is mailed shall be deemed to be the date of 
     delivery, as the case may be.
       (2) Mailing requirements.--This subsection applies only 
     if--
       (A) the postmark date falls within the prescribed period or 
     on or before the prescribed date for the filing (including 
     any extension granted for such filing) of the bid, grant 
     application, or other document; and
       (B) the bid, grant application, or other document was, 
     within the time prescribed in subparagraph (A), deposited in 
     the mail in the United States in an envelope or other 
     appropriate wrapper, postage prepaid, properly addressed to 
     the agency, officer, or office with which the bid, grant 
     application, or other document is required to be made.
       (b) Postmarks.--This section shall apply in the case of 
     postmarks not made by the United States Postal Service only 
     if and to the extent provided by the regulations prescribed 
     by Federal agencies.
       (c) Registered and Certified Mailing.--
       (1) Registered mail.--For purposes of this section, if any 
     such bid, grant application, or other document is sent by 
     United States registered mail--
       (A) such registration shall be prima facie evidence that 
     the bid, grant application, or other document was delivered 
     to the agency, officer, or office to which addressed; and
       (B) the date of registration shall be deemed the postmark 
     date.
       (2) Certified mail.--Federal agencies are authorized to 
     provide by regulations the extent to which the provisions of 
     paragraph (1) of this subsection with respect to prima facie 
     evidence of delivery and the postmark date shall apply to 
     certified mail.
       (d) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act and shall remain in effect 
     notwithstanding section 10 of this Act.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 5249

  Mr. SHELBY (for Mr. Stevens) proposed an amendment to the bill, H.R. 
3756, supra; as follows:

       Sec.   . Notwithstanding the provision under the heading 
     ``advisory commission on intergovernmental relations'' under 
     title IV of the Treasury, Postal Service, and General 
     Government Appropriations Act, 1996 (Public Law 104-52; 109 
     Stat. 480), the Advisory Commission on Intergovernmental 
     Relations may continue in existence during fiscal year 1997 
     and each fiscal year thereafter.
                                 ______
                                 

                       INOUYE AMENDMENT NO. 5250

  Mr. SHELBY (for Mr. Inhofe) proposed an amendment to the bill, H.R. 
3756, supra; as follows:

       On page 60, line 19 strike all through line 21.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 5251

  Mr. SHELBY (for Mr. McCain) proposed an amendment to the bill, H.R. 
3756, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:
       Sec.   . (a) No later than 45 days after the date of the 
     enactment of this Act, the Inspector General of each Federal 
     department or agency that uses administratively 
     uncontrollable overtime in the pay of any employee shall--
       (1) conduct an audit on the use of administratively 
     uncontrollable overtime by employees of such department or 
     agency, which shall include--
       (A) an examination of the policies, extent, costs, and 
     other relevant aspects of the use of administratively 
     uncontrollable overtime at the department or agency; and
       (B) a determination of whether the eligibility criteria of 
     the department or agency and payment of administratively 
     uncontrollable overtime comply with Federal statutory and 
     regulatory requirements; and
       (2) submit a report of the findings and conclusions of such 
     audit to--
       (A) the Office of Personnel Management;
       (B) the Government Affairs Committee of the Senate; and
       (C) the Government Reform and Oversight Committee of the 
     House of Representatives.
       (b) No later than 30 days after the submission of the 
     report under subsection (a), the Office of Personnel 
     Management shall issue revised guidelines to all Federal 
     departments and agencies that--
       (1) limit the use of administratively uncontrollable 
     overtime to employees meeting the statutory intent of section 
     5545(c)(2) of title 5, United States Code; and
       (2) expressly prohibit the use of administratively 
     uncontrollable overtime for--
       (A) customary or routine work duties; and
       (B) work duties that are primarily administrative in 
     nature, or occur in noncompelling circumstances.
                                 ______
                                 

                      HOLLINGS AMENDMENT NO. 5252

  Mr. SHELBY (for Mr. Hollings) proposed an amendment to the bill, H.R. 
3756, supra; as follows:

       At the appropriate place, insert the following:
       Sec.   . Notwithstanding section 8116 of title 5, United 
     States Code, and in addition to any payment made under 5 
     U.S.C. 8101 et seq., beginning in fiscal year 1997 and 
     thereafter, the head of any department or agency is 
     authorized to pay from appropriations made available to the 
     department or agency a death gratuity to the personal 
     representative (as that term is defined by applicable law) of 
     a civilian employee of that department or agency whose death 
     resulted from an injury sustained in the line of duty on or 
     after August 2, 1990: Provided, That payments made pursuant 
     to this section, in combination with the payments made 
     pursuant to sections 8133(f) and 8134(a) of such title 5 and 
     section 312 of Public Law 103-332 (108 Stat. 2537), may not 
     exceed a total of $10,000 per employee.
                                 ______
                                 

                 SHELBY (AND KERREY) AMENDMENT NO. 5253

  Mr. SHELBY (for himself and Mr. Kerrey) proposed an amendment to the 
bill, H.R. 3756, supra; as follows:


[[Page S10341]]


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

     SEC.  . EXPLOSIVES DETECTION CANINE PROGRAM.

       (a) Authorization.--
       (1) The Secretary of the Treasury is authorized to 
     establish scientific certification standards for explosives 
     detection canines, and shall provide, on a reimbursable 
     basis, for the certification of explosives detection canines 
     employed by federal agencies, or other agencies providing 
     explosives detection services at airports in the United 
     States.
       (2) The Secretary of the Treasury shall establish an 
     explosives detection canine training program for the training 
     of canines for explosives detection at airports in the United 
     States.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the purposes of this section.
                                 ______
                                 

                       SHELBY AMENDMENT NO. 5254

  Mr. SHELBY proposed an amendment to the bill, H.R. 3756, supra; as 
follows:

       At the appropriate place in the bill, insert the following;

     SEC.   . DESIGNATION OF MARK O. HATFIELD UNITED STATES 
                   COURTHOUSE.

       The United States Courthouse under construction at 1030 
     Southwest 3d Avenue in Portland, Oregon, shall be known and 
     designated as the ``Mark O. Hatfield United States 
     Courthouse''.

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the courthouse 
     referred to in section 1 shall be deemed to be a reference to 
     the ``Mark O. Hatfield United States Courthouse''.

     SEC. 3. EFFECTIVE DATE.

       This section shall take effect on January 2, 1997.
                                 ______
                                 

                        BROWN AMENDMENT NO. 5255

  Mr. SHELBY (for Mr. Brown) proposed an amendment to the bill, H.R. 
3756, supra; as follows:

       At the end of the bill, add the following new title:
          TITLE ____--FEDERAL FINANCIAL MANAGEMENT IMPROVEMENT

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Federal Financial 
     Management Improvement Act of 1996''.

     SEC. ____02. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds the following:
       (1) Much effort has been devoted to strengthening Federal 
     internal accounting controls in the past. Although progress 
     has been made in recent years, Federal accounting standards 
     have not been uniformly implemented in financial management 
     systems for agencies.
       (2) Federal financial management continues to be seriously 
     deficient, and Federal financial management and fiscal 
     practices have failed to--
       (A) identify costs fully;
       (B) reflect the total liabilities of congressional actions; 
     and
       (C) accurately report the financial condition of the 
     Federal Government.
       (3) Current Federal accounting practices do not accurately 
     report financial results of the Federal Government or the 
     full costs of programs and activities. The continued use of 
     these practices undermines the Government's ability to 
     provide credible and reliable financial data and encourages 
     already widespread Government waste, and will not assist in 
     achieving a balanced budget.
       (4) Waste and inefficiency in the Federal Government 
     undermine the confidence of the American people in the 
     Government and reduce the Federal Government's ability to 
     address vital public needs adequately.
       (5) To rebuild the accountability and credibility of the 
     Federal Government, and restore public confidence in the 
     Federal Government, agencies must incorporate accounting 
     standards and reporting objectives established for the 
     Federal Government into their financial management systems so 
     that all the assets and liabilities, revenues, and 
     expenditures or expenses, and the full costs of programs and 
     activities of the Federal Government can be consistently and 
     accurately recorded, monitored, and uniformly reported 
     throughout the Federal Government.
       (6) Since its establishment in October 1990, the Federal 
     Accounting Standards Advisory Board (hereinafter referred to 
     as the ``FASAB'') has made substantial progress toward 
     developing and recommending a comprehensive set of accounting 
     concepts and standards for the Federal Government. When the 
     accounting concepts and standards developed by FASAB are 
     incorporated into Federal financial management systems, 
     agencies will be able to provide cost and financial 
     information that will assist the Congress and financial 
     managers to evaluate the cost and performance of Federal 
     programs and activities, and will therefore provide important 
     information that has been lacking, but is needed for improved 
     decisionmaking by financial managers and the Congress.
       (7) The development of financial management systems with 
     the capacity to support these standards and concepts will, 
     over the long term, improve Federal financial management.
       (b) Purposes.--The purposes of this title are to--
       (1) provide for consistency of accounting by an agency from 
     one fiscal year to the next, and uniform accounting standards 
     throughout the Federal Government;
       (2) require Federal financial management systems to support 
     full disclosure of Federal financial data, including the full 
     costs of Federal programs and activities, to the citizens, 
     the Congress, the President, and agency management, so that 
     programs and activities can be considered based on their full 
     costs and merits;
       (3) increase the accountability and credibility of Federal 
     financial management;
       (4) improve performance, productivity and efficiency of 
     Federal Government financial management;
       (5) establish financial management systems to support 
     controlling the cost of Federal Government;
       (6) build upon and complement the Chief Financial Officers 
     Act of 1990 (Public Law 101-576; 104 Stat. 2838), the 
     Government Performance and Results Act of 1993 (Public Law 
     103-62; 107 Stat. 285), and the Government Management Reform 
     Act of 1994 (Public Law 103-356; 108 Stat. 3410); and
       (7) increase the capability of agencies to monitor 
     execution of the budget by more readily permitting reports 
     that compare spending of resources to results of activities.

     SEC. ____03. IMPLEMENTATION OF FEDERAL FINANCIAL MANAGEMENT 
                   IMPROVEMENTS.

       (a) In General.--Each agency shall implement and maintain 
     financial management systems that comply with Federal 
     financial management systems requirements, applicable Federal 
     accounting standards, and the United States Government 
     Standard General Ledger at the transaction level.
       (b) Priority.--Each agency shall give priority in funding 
     and provide sufficient resources to implement this title.
       (c) Audit Compliance Finding.--
       (1) In general.--Each audit required by section 3521(e) of 
     title 31, United States Code, shall report whether the agency 
     financial management systems comply with the requirements of 
     subsection (a).
       (2) Content of reports.--When the person performing the 
     audit required by section 3521(e) of title 31, United States 
     Code, reports that the agency financial management systems do 
     not comply with the requirements of subsection (a), the 
     person performing the audit shall include in the report on 
     the audit--
       (A) the name and position of any officer or employee 
     responsible for the financial management systems that have 
     been found not to comply with the requirements of subsection 
     (a);
       (B) all facts pertaining to the failure to comply with the 
     requirements of subsection (a), including--
       (i) the nature and extent of the noncompliance;
       (ii) the primary reason or cause of the noncompliance;
       (iii) any official responsible for the noncompliance; and
       (iv) any relevant comments from any responsible officer or 
     employee; and
       (C) a statement with respect to the recommended remedial 
     actions and the timeframes to implement such actions.
       (d) Compliance Determination.--
       (1) In general.--No later than the date described under 
     paragraph (2), the Director, acting through the Controller of 
     the Office of Federal Financial Management, shall determine 
     whether the financial management systems of an agency comply 
     with the requirements of subsection (a). Such determination 
     shall be based on--
       (A) a review of the report on the applicable agency-wide 
     audited financial statement;
       (B) the agency comments on such report; and
       (C) any other information the Director considers relevant 
     and appropriate.
       (2) Date of determination.--The determination under 
     paragraph (1) shall be made no later than 90 days after the 
     earlier of--
       (A) the date of the receipt of an agency-wide audited 
     financial statement; or
       (B) the last day of the fiscal year following the year 
     covered by such statement.
       (e) Compliance Implementation.--
       (1) In general.--If the Director determines that the 
     financial management systems of an agency do not comply with 
     the requirements of subsection (a), the head of the agency, 
     in consultation with the Director, shall establish a 
     remediation plan that shall include the resources, remedies, 
     and intermediate target dates necessary to bring the agency's 
     financial management systems into compliance.
       (2) Time period for compliance.--A remediation plan shall 
     bring the agency's financial management systems into 
     compliance no later than 2 years after the date on which the 
     Director makes a determination under paragraph (1), unless 
     the agency, with concurrence of the Director--
       (A) determines that the agency's financial management 
     systems are so deficient as to preclude compliance with the 
     requirements of subsection (a) within 2 years;
       (B) specifies the most feasible date for bringing the 
     agency's financial management systems into compliance with 
     the requirements of subsection (a); and
       (C) designates an official of the agency who shall be 
     responsible for bringing the agency's

[[Page S10342]]

     financial management systems into compliance with the 
     requirements of subsection (a) by the date specified under 
     subparagraph (B).
       (3) Transfer of funds for certain improvements.--For an 
     agency that has established a remediation plan under 
     paragraph (2), the head of the agency, to the extent provided 
     in an appropriation and with the concurrence of the Director, 
     may transfer not to exceed 2 percent of available agency 
     appropriations to be merged with and to be available for the 
     same period of time as the appropriation or fund to which 
     transferred, for priority financial management system 
     improvements. Such authority shall be used only for priority 
     financial management system improvements as identified by the 
     head of the agency, with the concurrence of the Director, and 
     in no case for an item for which Congress has denied funds. 
     The head of the agency shall notify Congress 30 days before 
     such a transfer is made pursuant to such authority.
       (4) Report if noncompliance within time period.--If an 
     agency fails to bring its financial management systems into 
     compliance within the time period specified under paragraph 
     (2), the Director shall submit a report of such failure to 
     the Committees on Governmental Affairs and Appropriations of 
     the Senate and the Committees on Government Reform and 
     Oversight and Appropriations of the House of Representatives. 
     The report shall include--
       (A) the name and position of any officer or employee 
     responsible for the financial management systems that have 
     been found not to comply with the requirements of subsection 
     (a);
       (B) the facts pertaining to the failure to comply with the 
     requirements of subsection (a), including the nature and 
     extent of the noncompliance, the primary reason or cause for 
     the failure to comply, and any extenuating circumstances;
       (C) a statement of the remedial actions needed; and
       (D) a statement of any administrative action to be taken 
     with respect to any responsible officer or employee.
       (f) Personal Responsibility.--Any financial officer or 
     program manager who knowingly and willfully commits, permits, 
     or authorizes material deviation from the requirements of 
     subsection (a) may be subject to administrative disciplinary 
     action, suspension from duty, or removal from office.

     SEC. ____04. APPLICATION TO CONGRESS AND THE JUDICIAL BRANCH.

       (a) In General.--The Federal financial management 
     requirements of this title may be adopted by--
       (1) the Senate by resolution as an exercise of the 
     rulemaking power of the Senate;
       (2) the House of Representatives by resolution as an 
     exercise of the rulemaking power of the House of 
     Representatives; or
       (3) the Judicial Conference of the United States by 
     regulation for the judicial branch.
       (b) Study and Report.--No later than October 1, 1997--
       (1) the Secretary of the Senate and the Clerk of the House 
     of Representatives shall jointly conduct a study and submit a 
     report to Congress on how the offices and committees of the 
     Senate and the House of Representatives, and all offices and 
     agencies of the legislative branch may achieve compliance 
     with financial management and accounting standards in a 
     manner comparable to the requirements of this title; and
       (2) the Chief Justice of the United States shall conduct a 
     study and submit a report to Congress on how the judiciary 
     may achieve compliance with financial management and 
     accounting standards in a manner comparable to the 
     requirements of this title.

     SEC. ____05. REPORTING REQUIREMENTS.

       (a) Reports by Director.--No later than March 31 of each 
     year, the Director shall submit a report to the Congress 
     regarding implementation of this title. The Director may 
     include the report in the financial management status report 
     and the 5-year financial management plan submitted under 
     section 3512(a)(1) of title 31, United States Code.
       (b) Reports by the Comptroller General.--No later than 
     October 1, 1997, and October 1, of each year thereafter, the 
     Comptroller General of the United States shall report to the 
     appropriate committees of the Congress concerning--
       (1) compliance with the requirements of section ____03(a) 
     of this title, including whether the financial statements of 
     the Federal Government have been prepared in accordance with 
     applicable accounting standards; and
       (2) the adequacy of uniform accounting standards for the 
     Federal Government.

     SEC. ____06. CONFORMING AMENDMENTS.

       (a) Audits by Agencies.--Section 3521(f)(1) of title 31, 
     United States Code, is amended in the first sentence by 
     inserting ``and the Controller of the Office of Federal 
     Financial Management'' before the period.
       (b) Financial Management Status Report.--Section 3512(a)(2) 
     of title 31, United States Code, is amended by--
       (1) in subparagraph (D) by striking ``and'' after the 
     semicolon;
       (2) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (3) by inserting after subparagraph (D) the following:
       ``(E) a listing of agencies whose financial management 
     systems do not comply substantially with the requirements of 
     the Federal Financial Management Improvement Act of 1996, the 
     period of time that such agencies have not been in 
     compliance, and a summary statement of the efforts underway 
     to remedy the noncompliance; and''.

     SEC. ____07. DEFINITIONS.

       For purposes of this title:
       (1) Agency.--The term ``agency'' means a department or 
     agency of the United States Government as defined in section 
     901(b) of title 31, United States Code.
       (2) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (3) Federal accounting standards.--The term ``Federal 
     accounting standards'' means applicable accounting 
     principles, standards, and requirements consistent with 
     section 902(a)(3)(A) of title 31, United States Code, and 
     includes concept statements with respect to the objectives of 
     Federal financial reporting.
       (4) Financial management systems.--The term ``financial 
     management systems'' includes the financial systems and the 
     financial portions of mixed systems necessary to support 
     financial management, including automated and manual 
     processes, procedures, controls, data, hardware, software, 
     and support personnel dedicated to the operation and 
     maintenance of system functions.
       (5) Financial system.--The term ``financial system'' 
     includes an information system, comprised of one or more 
     applications, that is used for--
       (A) collecting, processing, maintaining, transmitting, or 
     reporting data about financial events;
       (B) supporting financial planning or budgeting activities;
       (C) accumulating and reporting costs information; or
       (D) supporting the preparation of financial statements.
       (6) Mixed system.--The term ``mixed system'' means an 
     information system that supports both financial and 
     nonfinancial functions of the Federal Government or 
     components thereof.

     SEC. ____08. EFFECTIVE DATE.

       This title shall take effect on October 1, 1996.
                                 ______
                                 

                  REID (AND OTHERS) AMENDMENT NO. 5256

  Mr. REID (for himself, Mr. Levin, and Mr. Biden) proposed an 
amendment to the bill, H.R. 3756, supra; as follows:

       On page 91, line 3, strike ``The'' and insert ``Except as 
     provided in subsection (f), the''.
       On page 92, between lines 21 and 22, add the following:
       (f)(1) Any former employee of the White House Travel Office 
     whose employment in that office was terminated on May 19, 
     1993, and who was subject to criminal indictment for conduct 
     in connection with such employment, shall be reimbursed for 
     attorney fees and costs under this section but only if the 
     claim for such attorney fees and costs, which shall be 
     referred to the chief judge of the United States Court of 
     Federal Claims, is determined by the chief judge to be a 
     legal or equitable claim, as provided in paragraph (2).
       (2) The chief judge shall--
       (A) proceed according to the provisions of sections 1492 
     and 2509 of title 28, United States Code; and
       (B) report back to the Senate, at the earliest practicable 
     date, providing--
       (i) such findings of fact and conclusions that are 
     sufficient to inform the Congress of the nature, extent, and 
     character of the claim for compensation referred to in this 
     section as a legal or equitable claim against the United 
     States or a gratuity; and
       (ii) the amount, if any, legally or equitably due from the 
     United States to any individual referred to in this section.
                                 ______
                                 

                        HATCH AMENDMENT NO. 5257

  Mr. HATCH proposed an amendment to amendment No. 5256 proposed by Mr. 
Reid to the bill, H.R. 3756, supra; as follows:

       Strike all after the first word and insert the following:
       (2) Verification required.--The Secretary shall pay an 
     individual in full under paragraph (1) upon submission by the 
     individual of documentation verifying the attorney fees and 
     costs.
       (3) No inference of liability.--Liability of the United 
     States shall not be inferred from enactment of or payment 
     under this subsection.
       (b) Limitation on Filing of Claims.--The Secretary of the 
     Treasury shall not pay any claim filed under this section 
     that is filed later than 120 days after the date of the 
     enactment of this Act.
       (c) Limitation.--Payments under subsection (a) shall not 
     include attorney fees or costs incurred with respect to any 
     Congressional hearing or investigation into the termination 
     of employment of the former employees of the White House 
     Travel Office.
       (d) Reduction.--The amount paid pursuant to this section to 
     an individual for attorney fees and costs described in 
     subsection (a) shall be reduced by any amount received before 
     the date of the enactment of this Act, without obligation for 
     repayment by the individual, for payment of such attorney 
     fees and costs (including any amount received from the funds 
     appropriated for the individual in the matter relating to the 
     ``Office of the General Counsel'' under the heading ``Office 
     of the Secretary'' in title I of the Department of 
     Transportation and Related Agencies Appropriations Act, 
     1994).

[[Page S10343]]

       (c) Payment in Full Settlement of Claims Against the United 
     States.--Payment under this section, when accepted by an 
     individual described in subsection (a), shall be in full 
     satisfaction of all claims of, or on behalf of, the 
     individual against the United States that arose out of the 
     termination of the White House Travel Office employment of 
     that individual on May 19, 1993.
       Sec. 529. None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when it is made known to the Federal official having 
     authority to obligate or expend such funds that--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 528. (a) Reimbursement of Certain Attorney Fees and 
     Costs.--
       (1) In general.--The Secretary of the Treasury shall pay 
     from amounts appropriated in title I of this Act under the 
     heading, ``Departmental Offices, Salaries and Expenses'', up 
     to $499,999 to reimburse former employees of the White House 
     Travel Office whose employment in that Office was terminated 
     on May 19, 1993, for any attorney fees and costs they 
     incurred with respect to that termination.

                          ____________________