[Congressional Record Volume 143, Number 57 (Tuesday, May 6, 1997)]
[House]
[Pages H2255-H2256]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

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

                                H.R. 478

                        Offered by: Mr. Boehlert

               (Amendment in the Nature of a Substitute)

       Amendment No. 1. Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Flood Prevention and Family 
     Protection Act of 1997''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to ensure that the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) does not delay 
     flood control facility repairs that are required to respond 
     to an imminent threat to human lives and property.

     SEC. 3. AMENDMENTS TO ENDANGERED SPECIES ACT OF 1973.

       Section 7(a) of the Endangered Species Act of 1973 (16 
     U.S.C. 1536(a)) is amended by adding at the end the following 
     new paragraph:
       ``(5)(A)(i) Consultation and conferencing under paragraphs 
     (2) and (4), with respect to a project to repair or replace a 
     flood control facility located in any area in the United 
     States that is declared a Federal disaster area in 1997, 
     shall only be required in the same manner and to the same 
     extent as would be required for that project if it were 
     carried out in the area in California that is subject to the 
     United States Fish and Wildlife Service Policy on Emergency 
     Flood Response and Short Term Repair of Flood Control 
     Facilities, issued on February 19, 1997.
       ``(ii) This subparagraph shall not apply to projects in a 
     Federal disaster area after the earlier of--
       ``(I) the date the Assistant Secretary of the Army for 
     Civil Works determines that all necessary emergency repairs 
     to flood control facilities in the area have been completed; 
     or
       ``(II) December 31, 1998.
       ``(B)(i) Consultation and conferencing under paragraphs (2) 
     and (4), with respect to any project to repair a flood 
     control facility in response to an imminent threat to human 
     lives and property, shall only be required in the same manner 
     and to the same extent as would be required under the policy 
     referred to in subparagraph (A)(i) for a project that is 
     substantially similar in nature and scope.
       ``(ii) This subparagraph shall not apply after December 31, 
     1998.
       ``(C) This paragraph shall not affect the authority of the 
     President under section 7(p).''.

                                H.R. 478

                        Offered By: Mr. Campbell

  (Page and line numbers refer to H.R. 478 as introduced in the House)

       Amendment No. 2: Page 3, after line 12, insert the 
     following new line after the word `authorization':

     where necessary to protect human life or to prevent the 
     substantial risk of serious property damage.
       Page 4, after line 8, insert the following new line after 
     the word `authorization':

     where necessary to protect human life or to prevent the 
     substantial risk of serious property damage.

                                H.R. 478

                         Offered By: Mr. Tauzin

       Amendment No. 3: In section 3 of the bill, insert ``(where 
     necessary to protect human life or to prevent the risk of 
     serious property damage'') after ``operation of a project or 
     a facility'' each place it appears.

                                H.R. 478

                         Offered By: Mr. Tauzin

       Amendment No. 4: On page 3, strike lines 10 through 15 and 
     insert instead:
       ``(B) consists of maintenance, rehabilitation, repair, or 
     replacement of a Federal or non-Federal flood control 
     project, facility or structure; or
       ``(C) consists of the operation of a project or facility in 
     accordance with a previously issued Federal license, permit 
     or other authorization where necessary to protect human life 
     or to prevent the risk of serious property damage.''.
       On page 4, strike lines 7 through 12 and insert:
       ``(B) consists of maintenance, rehabilitation, repair, or 
     replacement of a Federal or non-Federal flood control 
     project, facility or structure; or
       ``(C) consists of the operation of a project or facility in 
     accordance with a previously issued Federal license, permit 
     or other authorization where necessary to protect human life 
     or to prevent the risk of serious property damage.''.

                               H.R. 1469

                         Offered By: Mr. Crapo

       Amendment No. 1: At the end of title III, add the following 
     new title:

                                TITLE IV

                       DEFICIT REDUCTION LOCK-BOX


                   deficit reduction lock-box ledger

       Sec. 401. (a) Title III of the Congressional Budget Act of 
     1974 is amended by adding at the end the following new 
     section:


                  ``deficit reduction lock-box ledger

       ``Sec. 314. (a) Establishment of Ledger.--The Director of 
     the Congressional Budget Office (hereinafter in this section 
     referred to as the ``Director'') shall maintain a ledger to 
     be known as the ``Deficit Reduction Lock-box Ledger''. The 
     Ledger shall be divided into entries corresponding to the 
     subcommittees of the Committees on Appropriations. Each entry 
     shall consist of three parts: the `House Lock-box Balance'; 
     the `Senate Lock-box Balance'; and the `Joint House-Senate 
     Lock-box Balance'.
       ``(b) Components of Ledger.--Each component in an entry 
     shall consist only of amounts credited to it under subsection 
     (c). No entry of a negative amount shall be made.
       ``(c) Credit of Amounts to Ledger.--(1) The Director shall, 
     upon the engrossment of any appropriation bill by the House 
     of Representatives and upon the engrossment of that bill by 
     the Senate, credit to the applicable entry balance of that 
     House amounts of new budget authority and outlays equal to 
     the net amounts of reductions in new budget authority and in 
     outlays resulting from amendments agreed to by that House to 
     that bill.
       ``(2) The Director shall, upon the engrossment of Senate 
     amendments to any appropriation bill, credit to the 
     applicable Joint House-Senate Lock-box Balance the amounts of 
     new budget authority and outlays equal to--
       ``(A) an amount equal to one-half of the sum of (i) the 
     amount of new budget authority in the House Lock-box Balance 
     plus (ii) the amount of new budget authority in the Senate 
     Lock-box Balance for that bill; and
       ``(B) an amount equal to one-half of the sum of (i) the 
     amount of outlays in the House Lock-box Balance plus (ii) the 
     amount of outlays in the Senate Lock-box Balance for that 
     bill.
       ``(3) Calculation of Lock-Box Savings in Senate.--For 
     purposes of calculating under this section the net amounts of 
     reductions in new budget authority and in outlays resulting 
     from amendments agreed to by the Senate on an appropriation 
     bill, the amendments reported to the Senate by its Committee 
     on Appropriations shall be considered to be part of the 
     original text of the bill.
       ``(d) Definition.--An used in this section, the term 
     `appropriation bill' means any general or special 
     appropriation bill, and any bill or joint resolution making 
     supplemental, deficiency, or continuing appropriations 
     through the end of a fiscal year.''.
       (b) The table of contents set forth in section 1(b) of the 
     Congressional Budget and Impoundment Control Act of 1974 is 
     amended by inserting after the item relating to section 313 
     the following new items:

``Sec. 314. Deficit reduction lock-box ledger.''.


                    tally during house consideration

       Sec. 402. There shall be available to Members in the House 
     of Representatives during consideration of any appropriations 
     bill by the House a running tally of the amendments adopted 
     reflecting increases and decreases of budget authority in the 
     bill as reported.


                 downward adjustment of section 602(a)

                 allocations and 602(b) suballocations

       Sec. 403. (a) Section 602(a) of the Congressional Budget 
     Act of 1974 is amended by adding at the end the following new 
     paragraph:
       ``(5) Upon the engrossment of Senate amendments to any 
     appropriation bill (as defined in section 314(d)) for a 
     fiscal year, the amounts allocated under paragraph (1) or 
     (2) to the Committee on Appropriations of each House upon 
     the adoption of the most recent concurrent resolution on 
     the budget for that fiscal year shall be adjusted downward 
     by the amounts credited to the applicable Joint

[[Page H2256]]

     House-Senate Lock-box Balance under section 314(c)(2). The 
     revised levels of budget authority and outlays shall be 
     submitted to each House by the chairman of the Committee 
     on the Budget of that House and shall be printed in the 
     Congressional Record.''.
       (b) Section 602(b)(1) of the Congressional Budget Act of 
     1974 is amended by adding at the end the following new 
     sentence: ``Whenever an adjustment is made under subsection 
     (a)(5) to an allocation under that subsection, the chairman 
     of the Committee on Appropriations of each House shall make 
     downward adjustments in the most recent suballocations of new 
     budget authority and outlays under subparagraph (A) to the 
     appropriate subcommittees of that committee in the total 
     amounts of those adjustments under section 314(c)(2). The 
     revised suballocations shall be submitted to each House by 
     the chairman of the Committee on Appropriations of that House 
     and shall be printed in the Congressional Record.''.


                     periodic reporting of ledgers

       Sec. 404. Section 308(b)(1) of the Congressional Budget Act 
     of 1974 is amended by adding at the end the following new 
     sentence: ``Such reports shall also include an up-to-date 
     tabulation of the amounts contained in the ledger and each 
     entry established by section 314(a).''.


          downward adjustment of discretionary spending limits

       Sec. 405. The discretionary spending limits for new budget 
     authority and outlays for any fiscal year set forth in 
     section 601(a)(2) of the Congressional Budget Act of 1974, as 
     adjusted in strict conformance with section 251 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     shall be reduced by the amounts set forth in the final 
     regular appropriation bill for that fiscal year or joint 
     resolution making continuing appropriations through the end 
     of that fiscal year. Those amounts shall be the sums of the 
     Joint House-Senate Lock-box Balances for that fiscal year, as 
     calculated under section 602(a)(5) of the Congressional 
     Budget Act of 1974. That bill or joint resolution shall 
     contain the following statement of law: ``As required by 
     section 6 of the Deficit Reduction Lock-box Act of 1997, for 
     fiscal year [insert appropriate fiscal year] and each 
     outyear, the adjusted discretionary spending limit for new 
     budget authority shall be reduced by $ [insert appropriate 
     amount of reduction] and the adjusted discretionary limit for 
     outlays shall be reduced by $ [insert appropriate amount of 
     reduction] for the budget year and each outyear.'' 
     Notwithstanding section 904(c) of the Congressional Budget 
     Act of 1974, section 306 of that Act as it applies to this 
     statement shall be waived. This adjustment shall be reflected 
     in reports under sections 254(g) and 254(h) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985.


                             effective date

       Sec. 406. (a) This title shall apply to all appropriation 
     bills making appropriations for fiscal year 1998 or any 
     subsequent fiscal year.
       (b) As used in this section, the term ``appropriation 
     bill'' means any general or special appropriation bill, and 
     any bill or joint resolution making supplemental, deficiency, 
     or continuing appropriations through the end of a fiscal 
     year.