[Congressional Record Volume 143, Number 57 (Tuesday, May 6, 1997)]
[Senate]
[Pages S4013-S4033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                    SUPPLEMENTAL APPROPRIATIONS ACT

                                 ______
                                 

                       WELLSTONE AMENDMENT NO. 57

  Mr. WELLSTONE proposed an amendment to the bill (S. 672) making 
supplemental appropriations and rescissions for the fiscal year ending 
September 30, 1997, and for other purposes; as follows:

       Beginning on page 47, strike line 19 and all that follows 
     through page 48, line 12.
                                 ______
                                 

                       WESSSTONE AMENDMENT NO. 58

  Mr. WELLSTONE proposed an amendment to the bill, S. 672, supra; as 
follows:

       At the end of title III, add the following:
       Sec. 326. The Secretary of Health and Human Services 
     shall--
       (1) make available under section 2604(g) of the Low-Income 
     Home Energy Assistance Act of 1981 (42 U.S.C. 8623(g)), 
     $45,000,000 in assistance described in such Act to victims of 
     flooding and other natural disasters in Minnesota, North 
     Dakota, and South Dakota, for fiscal year 1997; and
       (2) make the assistance available from funds appropriated 
     to carry out such Act prior to the date of enactment of this 
     section.
                                 ______
                                 

                         BYRD AMENDMENT NO. 59

  (Ordered to lie on the table.)

  Mr. BYRD submitted an amendment intended to be proposed by him to the 
bill, S. 672, supra; as follows:

       On page 81, beginning with line 1, strike all through page 
     85, line 9.
                                 ______
                                 

                        STEVENS AMENDMENT NO. 60

       Mr. STEVENS proposed an amendment to the bill, S. 672, 
     supra; as follows:

       On line 1, page 37 of the bill, after the colon, strike all 
     through ``1997'' on line 15 of page 37, and insert the 
     following: ``Provided further, That notwithstanding any other 
     provision of law, such additional authority shall be 
     distributed to ensure that States receive amounts that they 
     would have received had the Highway Trust Fund fiscal year 
     1994 income statement not been understated prior to the 
     revision on December 24, 1996; and that notwithstanding any 
     other provision of law, an amount of obligational authority 
     in addition to the amount distributed above, shall be made 
     available by this Act and shall be distributed to assure that 
     States receive obligational authority that they would have 
     received had the Highway Trust Fund fiscal year 1995 income 
     statement not been revised on December 24, 1996: Provided 
     further, That such additional authority shall be distributed 
     to ensure that no State shall receive an amount in fiscal 
     year 1997 that is less than the amount a State received in 
     fiscal year 1996''
                                 ______
                                 

                       FAIRCLOTH AMENDMENT NO. 61

  (Ordered to lie on the table.)
  Mr. FAIRCLOTH submitted an amendment intended to be proposed by him 
to the bill, S. 672, supra; as follows:


[[Page S4014]]


       On page 57, between lines 3 and 4, insert the following:
       Sec. 326.(a)(1) Notwithstanding any other provision of law, 
     the Federal Communications Commission shall grant to Orion 
     Communications of Asheville, North Carolina, a temporary 
     authorization to operate an FM radio station in the vicinity 
     of Asheville, North Carolina.
       (2) Subject to subsection (b), the scope of the temporary 
     authorization under this subsection shall be identical to the 
     scope of the temporary authorization of Orion Communications 
     to operate the radio station that was rescinded as a result 
     of the actions taken by the Commission upon the remand of 
     Bechtel v. Federal Communications Commission, 10 F.3d 875 
     (D.C. Cir. 1993).
       (b) The temporary authorization granted under subsection 
     (a) shall expire 6 months after the date of enactment of this 
     Act.
                                 ______
                                 

                 HUTCHISON (AND GRAMM) AMENDMENT NO. 62

  (Ordered to lie on the table.)
  Mrs. HUTCHISON (for herself and Mr. Gramm) submitted an amendment 
intended to be proposed by them to the bill, S. 672, supra; as follows:

       At the appropriate place, insert the following:

     SEC.   . ENROLLMENT FLEXIBILITY.

       (a) In General.--Notwithstanding any other provision of 
     law, any State plan (including any subsequent technical, 
     clerical, and clarifying corrections submitted by the State) 
     relating to the integration of eligibility determinations and 
     enrollment procedures for Federally-funded public health and 
     human services programs administered by the Department of 
     Health and Human Services and the Department of Agriculture 
     through the use of automated data processing equipment or 
     services which was submitted by a State to the Secretary of 
     Health and Human Services and to the Secretary of Agriculture 
     prior to October 18, 1996, and which provides for a request 
     for offers described in subsection (b), is deemed approved 
     and is eligible for Federal financial participation in 
     accordance with the provisions of law applicable to the 
     procurement, development, and operation of such equipment or 
     services.
       (b) Request For Offers Described.--A request for offers 
     described in this subsection is a public solicitation for 
     proposals to integrate the eligibility determination 
     functions for various Federally and State funded programs 
     within a State that utilize financial and categorical 
     eligibility criteria through the development and operation of 
     automated data processing systems and services.
                                 ______
                                 

                       HUTCHISON AMENDMENT NO. 63

  (Ordered to lie on the table)
  Mrs. HUTCHISON submitted an amendment intended to be proposed by her 
to the bill, S. 672, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. AGREEMENTS UNDER THE ENDANGERED SPECIES ACT OF 
                   1973.

       (a) Listing.--Section 4(b)(1) of the Endangered Species Act 
     of 1973 (16 U.S.C. 1533(b)(1)) is amended by adding at the 
     end the following:
       ``(C) Agreements.--In determining whether a species is an 
     endangered species or a threatened species, the Secretary 
     shall take into full consideration any--
       ``(i) conservation agreement;
       ``(ii) pre-listing agreement;
       ``(iii) memorandum of agreement;
       ``(iv) memorandum of understanding; or
       ``(v) any other agreement designed to promote the 
     conservation of any species;

     agreed to by the Secretary and any other Federal agency, 
     State, State agency, political subdivision of a State, or 
     other person, including the reasonably expected future 
     beneficial effects to the species of every provision of the 
     agreement that has been implemented or is reasonably likely 
     to be implemented.''.
       (b) Recovery Plans.--Section 4(f) of the Endangered Species 
     Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the 
     end the following:
       ``(6) Agreements.--The Secretary shall--
       ``(A) give the highest priority to development and 
     implementation of a recovery plan for a species for which the 
     Secretary has entered into a--
       ``(i) conservation agreement;
       ``(ii) pre-listing agreement;
       ``(iii) memorandum of agreement;
       ``(iv) memorandum of understanding; or
       ``(v) any other agreement designed to promote the 
     conservation of any species;

     (whether before or after the listing of the species as 
     endangered or threatened) with any other Federal agency, 
     State, State agency, political subdivision of a State, or 
     other person; and
       ``(B) ensure that the commitments made by the Secretary in 
     the agreement are fulfilled before funds are expended on the 
     development and implementation of any other recovery plan.''.
                                 ______
                                 

                        BUMPERS AMENDMENT NO. 64

  (Ordered to lie on the table.)
  Mr. BUMPERS submitted an amendment intended to be proposed by himself 
to the bill, S. 672, supra; as follows:

       On page 50, strike lines 1 through 11.
                                 ______
                                 

                WARNER (AND OTHERS) AMENDMENT NOS. 65-66

  (Ordered to lie on the table.)
  Mr. WARNER (for himself, Mr. Graham, and Mr. Abraham) submitted two 
amendments intended to be proposed by them to the bill, S. 672, supra; 
as follows:

                            Amendment No. 65

       On page 39, strike ``and fiscal'' on line 12 and all that 
     follows through line 18 and insert ``income statement not 
     been understated prior to the revision on December 24, 1996: 
     Provided further, That the additional authority shall be 
     distributed to ensure that States shall receive an additional 
     amount of authority in fiscal year 1997 and that the 
     authority be distributed in the manner provided in section 
     310 of Public Law 104-205 (110 Stat. 2969):''.
                                                                    ____


                            Amendment No. 66

       At the appropriate place add the following:
       ``Notwithstanding any other provision of this act, the 
     language on page 39, lines 12 through 18 is deemed to read, 
     ``had the Highway Trust Fund fiscal year 1994 income 
     statements not been understated prior to the revision on 
     December 24, 1996: Provided further, That the additional 
     authority shall be distributed to ensure that States shall 
     receive an additional amount of authority in fiscal year 1997 
     and that the authority be distributed in the manner provided 
     in section 310 of Public Law 104-205 (110 Stat. 2969):''.
                                 ______
                                 

                        COCHRAN AMENDMENT NO. 67

  Mr. COCHRAN proposed an amendment to the bill, S. 672, supra; as 
follows:

       On page 9, line 25, strike ``, to remain available until 
     expended'' after ``ters,'' and insert ``, to remain available 
     until expended'' after ``$18,000,000''.
       On page 11, line 25, after ``disasters'' insert ``subject 
     to a Presidential or Secretarial declaration''.
       On page 11, strike all between the word ``similar'' on line 
     25 and the word ``to'' on line 26.
       On page 12, line 4, strike ``the eligibility'' and insert 
     in lieu thereof ``gross income and payment limitations''.
       On page 13, line 13, strike ``cropland'' and insert in lieu 
     thereof ``agricultural land''.
       On page 16, line 2, strike ``$3,000,000,'' and insert in 
     lieu thereof ``$6,500,000.''
                                 ______
                                 

                       WELLSTONE AMENDMENT NO. 68

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted an amendment intended to be proposed by him 
to the bill, S. 672, supra; as follows:

       On page 16, between lines 10 and 11, insert the following:

                       Food and Consumer Service


special supplemental nutrition program for women, infants, and children 
                                 (wic)

       For additional amount to carry out the special supplemental 
     nutrition program under section 17 of the Child Nutrition Act 
     of 1966 (42 U.S.C. 1786), $76,000,000, to remain available 
     through September 30, 1998: Provided, That notwithstanding 
     subsections (g) through (i) of that section, the Secretary 
     shall allocate the amount through the formula in existence on 
     the date of enactment of this Act or any other method the 
     Secretary considers necessary.
                                 ______
                                 

                       BINGAMAN AMENDMENT NO. 69

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted an amendment intended to be proposed by him to 
the bill, S. 672, supra; as follow:

       On page 48, strike lines 13 and 14.
                                 ______
                                 

                 JOHNSON (AND DASCHLE) AMENDMENT NO. 70

  (Ordered to lie on the table.)
  Mr. JOHNSON (for himself and Mr. Daschle) submitted an amendment 
intended to be proposed by them to the bill, S. 672, supra; as follows:

       On page 19, line 6, before the period, insert the 
     following: ``: Provided further, That, of the funds 
     appropriated under this paragraph, $10,000,000 shall be used 
     for the project consisting of channel restoration and 
     improvements on the James River authorized by section 401(b) 
     of the Water Resources Development Act of 1986 (Public Law 
     99-662; 100 Stat. 4128)''.
                                 ______
                                 

                      GREGG AMENDMENTS NOS. 71-72

  (Ordered to lie on the table.)
  Mr. GREGG submitted two amendments intended to be proposed by him to 
the bill, S. 672, supra; as follows:

                            Amendment No. 71

       At the appropriate place, insert the following:

     SEC.   . MODIFICATION OF REQUIREMENTS REGARDING 
                   RECOMMENDATIONS TO ENSURE THE SOLVENCY OF THE 
                   SOCIAL SECURITY TRUST FUNDS.

       Section 709(a) of the Social Security Act (42 U.S.C. 
     910(a)) is amended--
       (1) by striking ``for any calendar year'' and inserting 
     ``for any of the succeeding 75 calendar years'';

[[Page S4015]]

       (2) by striking ``recommendations for statutory 
     adjustments'' and inserting ``recommendations for specific 
     statutory provisions''; and
       (3) by inserting ``in each of the succeeding 75 calendar 
     years'' after ``not less than 20 percent''.
                                                                    ____


                            Amendment No. 72

       On page 57, between lines 3 and 4, insert the following:

     SEC. 326. SENSE OF THE SENATE.

       (a) Findings.--Congress finds that--
       (1)(A) the officers of the Federal Government and the 
     members of the European Union have had lengthy negotiations 
     with regard to the establishment of a mutual recognition 
     agreement with respect to good manufacturing practice (GMP) 
     inspections of medical devices and pharmaceuticals and the 
     processes of approving medical devices;
       (B) in December 1996, the President urged the officers of 
     the Federal Government and the members of the European Union 
     to resolve the issues with respect to the negotiations, and 
     enter into and implement the mutual recognition agreements;
       (C) the officers of the Federal Government and the members 
     of the European Union have not resolved the issues;
       (D) the mutual recognition agreement would enhance the 
     trade relationships between the United States and the 
     European Union and generate regulatory savings with respect 
     to medical devices and pharmaceuticals; and
       (2) the harmonization of international standards is also 
     necessary to facilitate commerce between the United States 
     and foreign countries.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1)(A) the officers of the Federal Government and the 
     members of the European Union should, on an expedited bases, 
     conclude negotiations, enter into, and implement a mutual 
     recognition agreement with respect to--
       (i) good manufacturing practice inspections for medical 
     devices and pharmaceuticals; and
       (ii) the processes of approving medical devices; and
       (B) the Secretary of Health and Human Services, in 
     consultation with the Secretary of Commerce and other 
     appropriate agencies, should facilitate the conclusion of 
     negotiations between the members of the European Union and 
     the officers of the Federal Government and accept the mutual 
     recognition agreement;
       (2) the Secretary of Health and Human Services should 
     regularly participate in meetings with foreign governments to 
     discuss and reach agreement on methods and approaches to 
     harmonize key regulatory requirements and to utilize 
     international standards; and
       (3) the Office of International Relations of the Department 
     of Health and Human Services (as established under section 
     803 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     383)) should have the responsibility of ensuring that the 
     process, established by the Secretary of Health and Human 
     Services and foreign countries, to harmonize international 
     standards is continuous and productive.
                                 ______
                                 

                     HOLLINGS AMENDMENTS NOS. 73-74

  (Ordered to lie on the table.)
  Mr. HOLLINGS submitted two amendments intended to be proposed by him 
to the bill, S. 672, supra; as follows:

                            Amendment No. 73

       At the appropriate place, insert the following: ``Provided 
     further that $400,000 be appropriated to renovate thirty-
     three miles of open channel and repair access road in the 
     Willow Swamp Watershed caused by extended periods of heavy 
     rainfall.''.
                                                                    ____


                            Amendment No. 74

       At the appropriate place insert the following:


                      ``food and consumer services

       ``The Emergency Food Assistance Program Notwithstanding 
     section 27(a) of the Food Stamp Act, the amount specified for 
     allocation under such section for fiscal year 1997 shall be 
     $99,600,000.''.
                                 ______
                                 

                        CHAFEE AMENDMENT NO. 75

  (Ordered to lie on the table.)
  Mr. CHAFEE submitted an amendment intended to be proposed by him to 
the bill, S. 672, supra; as follows:

       Beginning on page 50, line 15, strike all through page 51 
     and insert the following:
       ``The policy issued on February 19, 1997, by the United 
     States Fish and Wildlife Service implementing the emergency 
     provisions of the Endangered Species Act (16 U.S.C. 1531) and 
     applying to 46 counties in California that were declared 
     Federal disaster areas shall apply to--
       ``(a) all counties nationwide heretofore and hereafter 
     declared Federal disaster areas at any time during 1996 or 
     1997, and
       ``(b) repair activities on flood control facilities in 
     response to an imminent threat to human lives and property at 
     any time during 1996 or 1997,

     and in each instance shall remain in effect until the 
     Assistant Secretary of the Army for Civil Works determines 
     that 100 percent of emergency repairs have been completed, 
     but shall not remain in effect later than December 31, 
     1998.''.
                                 ______
                                 

                     SPECTER AMENDMENTS NOS. 76-78

  (Ordered to lie on the table.)
  Mr. SPECTER submitted three amendments intended to be proposed by him 
to the bill, S. 672, surpa; as follows:

                            Amendment No. 76

       At the appropriate place, insert the following:

     SEC.   . COLLECTION AND DISSEMINATION OF INFORMATION ON 
                   PRICES RECEIVED FOR BULK CHEESE.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     collect and disseminate, on a weekly basis, statistically 
     reliable information, obtained from cheese manufacturing 
     areas in the United States on prices received and terms of 
     trade involving bulk cheese, including information on the 
     national average price for bulk cheese sold through spot and 
     forward contract transactions. To the maximum extent 
     practicable, the Secretary shall report the prices and terms 
     of trade for spot and forward contract transactions 
     separately.
       (b) Confidentiality.--All information provided to, or 
     acquired by, the Secretary under subsection (a) shall be kept 
     confidential by each officer and employee of the Department 
     of Agriculture except that general weekly statements may be 
     issued that are based on the information and that do not 
     identify the information provided by any person.
       (c) Report.--Not later than 150 days after the date of 
     enactment of this Act, the Secretary shall report to the 
     Committee on Agriculture, and the Committee on 
     Appropriations, of the House of Representatives and the 
     Committee on Agriculture, Nutrition, and Forestry, and the 
     Committee on Appropriations, of the Senate, on the rate of 
     reporting compliance by cheese manufacturers with respect to 
     the information collected under subsection (a). At the time 
     of the report, the Secretary may submit legislative 
     recommendations to improve the rate of reporting compliance.
       (d) Termination of Effectiveness.--The authority provided 
     by subsection (a) terminates effective April 5, 1999.
                                                                    ____


                            Amendment No. 77

       At the appropriate place, insert the following:

     SEC.   . BASIC FORMULA PRICE.

       Section 143(a) of the Agricultural Market Transition Act (7 
     U.S.C. 7253(a)) is amended by adding at the end the 
     following:
       ``(5) Basic formula price.--In carrying out this subsection 
     and section 8c(5) of the Agricultural Adjustment Act (7 
     U.S.C. 608c(5)), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937, the Secretary 
     shall use as factors that are used to determine the basic 
     formula price for milk and any other milk price regulated by 
     the Secretary--
       ``(A) the price of feed grains, including the cost of 
     concentrates, byproducts, liquid whey, hay, silage, pasture, 
     and other forage; and
       ``(B) other cash expenses, including the cost of hauling, 
     artificial insemination, veterinary services and medicine, 
     bedding and litter, marketing, custom services and supplies, 
     fuel, lubrication, electricity, machinery and building 
     repairs, labor, association fees, and assessments.''.

                            Amendment No. 78

       Ordered to lie on the table to be printed Amendment 
     intended to be proposed by Mr. Specter
       At the appropriate place, insert the following:

     SEC.  . COLLECTION AND DISSEMINATION OF INFORMATION ON PRICES 
                   RECEIVED FOR CHEESE, BUTTER, AND NONFAT DRY 
                   MILK.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     collect and disseminate, on a weekly basis, statistically 
     reliable information, obtained from cheese manufacturing 
     areas in the United States on prices received and terms of 
     trade involving bulk cheese, including information on the 
     national average price for bulk cheese sold through spot and 
     forward contract transactions. To the maximum extent 
     practicable, the Secretary shall report the prices and terms 
     of trade for spot and forward contract transactions 
     separately.
       (b) Reporting.--The Secretary may require dairy product 
     manufacturing plants in the United States to report to the 
     Secretary on a weekly basis the price they receive for 
     cheese, butter, and nonfat dry milk sold through spot sales 
     arrangements, forward contracts, or other sales arrangements.
       (c) Confidentiality.--All information provided to, or 
     acquired by, the Secretary under subsections (a) and (b) 
     shall be kept confidential by each officer and employee of 
     the Department of Agriculture except that general weekly 
     statements may be issued that are based on the information 
     and that do not identify the information provided by any 
     person.
                                 ______
                                 

                         COATS AMENDMENT NO. 79

  (Ordered to lie on the table.)
  Mr. COATS submitted an amendment intended to be proposed by him to 
the bill, S. 672, supra; as follows:


[[Page S4016]]


       On page 85, between lines 9 and 10, insert the following:

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. IMPLEMENTATION OF RATING SYSTEMS FOR TELEVISION 
                   PROGRAMMING.

       Part I of title III of the Communications Act of 1934 (47 
     U.S.C. 301 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 337. RATING SYSTEMS FOR TELEVISION PROGRAMMING.

       ``(a) System Required for Grant or Renewal of Broadcast 
     Television License.--The Commission shall not grant or renew 
     a license for a broadcast television station unless the 
     person applying for the license submits to the Commission 
     with the application evidence of--
       ``(1) in the case of an application for the grant of a 
     license, a plan for the implementation of a system for rating 
     the content of television programming to be broadcast by the 
     station under the license; or
       ``(2) in the case of an application for the renewal of a 
     license, evidence of the implementation as of the date of the 
     application of a system for rating the content of television 
     programming broadcast by the station.
       ``(b) System Required for Assignment of Transitional 
     Digital Television Frequencies.--The Commission shall not 
     assign transitional digital television frequencies to a 
     broadcast television station unless the person licensed to 
     operate the station submits to the Commission with the 
     request for assignment evidence of the implementation as of 
     the date of the request of a system for rating the content of 
     television programming broadcast by the station.
       ``(c) Recovery of Certain Transitional Frequencies.--The 
     Commission shall require a person assigned transitional 
     digital television frequencies before the date of enactment 
     of this section to surrender such frequencies to the 
     Commission if the person does not submit to the Commission, 
     before commencement of the use of such frequencies, evidence 
     of the implementation of a system for rating the content of 
     television programming to be broadcast using such 
     frequencies.
       ``(d) System Elements.--
       ``(1) In general.--Each system for rating the content of 
     television programming under this section shall provide a 
     rating of the specific content of each pre-recorded program 
     broadcast by the television station concerned.
       ``(2) Specific elements.--The rating of a television 
     program under such system shall--
       ``(A) include information regarding language content, 
     sexual content, violent content, and any other element that 
     the person implementing the system considers appropriate; and
       ``(B) be broadcast so as--
       ``(i) to appear in both visible and audible form;
       ``(ii) to appear at the beginning of the program, and every 
     30 minutes thereafter in the case of a program in excess of 
     30 minutes in length; and
       ``(iii) to permit the automatic blocking of display of the 
     program using a feature to block display of programs with a 
     common rating required under section 303(x).
       ``(e) Review by Commission.--
       ``(1) Purpose of review.--The Commission shall review each 
     system for rating the content of television programming 
     submitted under this section solely for the purpose of 
     assuring that such system meets the requirements of 
     subsection (d).
       ``(2) Scope of authority.--Nothing in this section may be 
     construed to authorize or require the Commission to establish 
     or require a specific system for rating television 
     programming.
       ``(3) Applicability of content-based standards.--Nothing in 
     this section may be construed to limit the applicability to 
     television programs covered by a system for rating television 
     programming under this section of any content-based standards 
     otherwise applicable to such programs under any other 
     provision of law.
       ``(f) Definition.--As used in this section:
       ``(1) Advanced television services.--The term `advanced 
     television services' has the meaning given such term in 
     section 336(g)(1).
       ``(2) Transitional digital television frequencies.--The 
     term `transitional digital television frequencies' means 
     television frequencies allotted by the Commission for use by 
     broadcast television stations for the transition of such 
     stations from the broadcast of analog television services to 
     the broadcast of advanced television services.''.
                                 ______
                                 

                   SNOWE (AND KERRY) AMENDMENT NO. 80

  (Ordered to lie on the table.)
  Ms. SNOWE (for herself and Mr. Kerry) submitted an amendment intended 
to be proposed by them to the bill, S. 672, supra; as follows:

       At the appropriate place, insert the following:

     SEC.   . DISENTANGLEMENT OF MARINE MAMMALS.

       Section 101(c) of the Marine Mammal Protection Act of 1972 
     (16 U.S.C. 1371(c)) is amended by inserting a comma and ``to 
     free a marine mammal from entanglement in fishing gear or 
     debris,'' after ``self-defense''.
                                 ______
                                 

                      SNOWE AMENDMENTS NOS. 81-82

  (Ordered to lie on the table.)
  Ms. SNOWE submitted two amendments intended to be proposed by her to 
the bill, S. 672, supra; as follows:

                            Amendment No. 81

       At the appropriate place, insert the following:

     SEC.  . TAKE-REDUCTION PLAN.

       (a) Notwithstanding any other provision of law, or any 
     decision by a Federal court to the contrary, the Secretary of 
     Commerce may not issue a regulation to implement a take-
     reduction plan for Atlantic Large Whales pursuant to section 
     118 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
     1387) before May 1, 1998, except as provided in subsection 
     (b) and (c).
       (b)(1) The Secretary may, after consultation with the 
     fishing industry, the States, whale scientists, whale 
     disentanglement specialists, and conservation organizations, 
     issue a regulation to implement a take-reduction plan for 
     Atlantic large whales before May 1, 1998, if that plan is 
     limited to any combination of the following--
       (A) a program designed to obtain information on the 
     movements and distribution, and on the incidence of fishing 
     gear entanglement, injury, or mortality, of Atlantic large 
     whales;
       (B) a program providing for the disentanglement of Atlantic 
     whales that have been entangled in fishing gear;
       (C) a program to inform and educate the fishing industry 
     and the public about the current status of Atlantic large 
     whales, the threats of injury and mortality to such whales, 
     including ship strikes, voluntary actions that can be taken 
     by the fishing industry and the public to reduce the risk of 
     fishing gear entanglement, injury, and mortality of such 
     whales, and any other information that the Secretary deems 
     appropriate;
       (D) research on modifications to fishing gear, and new 
     types of fishing gear, that reduce the risk of entanglement, 
     serious injury, and mortality to Atlantic large whales, and 
     the development and testing of prototypes of such fishing 
     gear;
       (E) the marking of fishing gear to identify the type of 
     fishing gear involved in the entanglement of a marine mammal, 
     and the location in which the gear was fished;
       (F) the inspection of gear for the purpose of determining 
     compliance with any gear marking requirement approved under 
     subparagraph (E); and
       (G) a program to reduce inactive fishing gear that poses a 
     significant risk of entanglement, serious injury, or 
     mortality to Atlantic large whales.
       (2) For the purposes of this subsection, the term 
     ``inactive fishing gear'' means fishing gear that remains in 
     the waters of the United States but is no longer used in a 
     viable fishing operation.
       (c) the Secretary may, after consultation with the fishing 
     industry, the states, whale scientists, whale disentanglement 
     specialists, and conservation organizations, issue a 
     regulation to implement that part of a take reduction plan 
     for Atlantic large whales covering only areas designated as 
     critical habitat for the Northern Right Whale before May 1, 
     1998. The issuance of a regulation under this subsection 
     shall not constitute the implementation of a take reduction 
     plan for the purposes of Section 118(f)(2) and 118(f)(5).
       (d)(1)(A) Notwithstanding any other provision of law, the 
     Secretary of Commerce shall, within 30 days after the 
     enactment of this Act, reconvene the take-reduction team for 
     Atlantic large whales.
       (B) In reconvening the team referred to in subparagraph 
     (A), the Secretary shall ensure that the membership of the 
     team adequately reflects any significant regional differences 
     in operating conditions within commercial fisheries and gear 
     types that incidentally take Atlantic large whales, 
     including, if necessary, the appointment of additional 
     members to the team to reflect such regional differences.
       (2)(A) Not later than 4 months after the date that the 
     take-reduction team for Atlantic large whales has been 
     reconvened, the team shall submit a draft take-reduction plan 
     to the Secretary, consistent with the other provisions, of 
     section 118 of the Marine Mammal Protection Act (16 U.S.C. 
     1387).
       (B) The take-reduction team shall meet no less than 4 times 
     before the end of the 4-month period referred to in 
     subparagraph (A).
       (C) After the take-reduction has been reconvened, the team 
     and the Secretary shall follow the procedures set forth in 
     section 118(f)(7) of the Marine Mammal Protection Act.
       (e) A permit pursuant to section 101(a)(5)(E) of the Marine 
     Mammal Protection Act (16 U.S.C. 1371) shall be deemed 
     granted for commercial fisheries interacting with Atlantic 
     Large Whales, and listed under section 118(c), until May 1, 
     1998.
       (f) Section 101(c) of the Marine Mammal Protection Act of 
     1972 (16 U.S.C. 1371(c)) is amended by inserting a comma and 
     ``to free a marine mammal from entanglement in fishing gear 
     or debris,'' after ``self-defense''.
                                                                    ____


                            Amendment No. 82

       At the appropriate place, insert the following:

     SEC.   . TAKE-REDUCTION PLAN.

       (a) Notwithstanding any other provision of law, or any 
     decision by a Federal court to the contrary, the Secretary of 
     Commerce may not issue a regulation to implement a take-
     reduction plan for Atlantic Large Whales pursuant to section 
     118 of the Marine Mammal Protection Act of 1972 (16 U.S.C.

[[Page S4017]]

     1387) before February 1, 1998, except as provided in 
     subsection (b).
       (b)(1) The Secretary may, after consultation with the 
     fishing industry, the States, whale scientists, whale 
     disentanglement specialists, and conservation organizations, 
     issue a regulation to implement a take-reduction plan for 
     Atlantic large whales before February 1, 1998, if that plan 
     is limited to any combination of the following--
       (A) a program designed to obtain information on the 
     movements and distribution, and on the incidence of fishing 
     gear entanglement, injury, or mortality, of Atlantic large 
     whales;
       (B) a program providing for the disentanglement of Atlantic 
     large whales that have been entangled in fishing gear;
       (C) a program to inform and educate the fishing industry 
     and the public about the current status of Atlantic large 
     whales, the threats of injury and mortality to such whales, 
     including ship strikes, voluntary actions that can be taken 
     by the fishing industry and the public to reduce the risk of 
     fishing gear entanglement, injury, and mortality of such 
     whales, and any other information that the Secretary deems 
     appropriate;
       (D) research on modifications to fishing gear, and new 
     types of fishing gear, that reduce the risk of entanglement, 
     serious injury, and mortality to Atlantic large whales, 
     and the development and testing of prototypes of such 
     fishing gear;
       (E) the marking of fishing gear to identify the type of 
     fishing gear involved in the entanglement of a marine mammal, 
     and the location in which the gear was fished;
       (F) the inspection of gear for the purpose of determining 
     compliance with any gear marking requirement approved under 
     subparagraph (E); and
       (G) a program to reduce inactive fishing gear that poses a 
     significant risk of entanglement, serious injury, or 
     mortality to Atlantic large whales.
       (2) For the purposes of this subsection, the term 
     ``inactive fishing gear'' means fishing gear that remains in 
     the waters of the United States but is no longer used in a 
     viable fishing operation.
       (c)(1)(A) Notwithstanding any other provision of law, the 
     Secretary of Commerce shall, within 30 days after the 
     enactment of this Act, reconvene the take-reduction team for 
     Atlantic large whales.
       (B) In reconvening the team referred to in subparagraph 
     (A), the Secretary shall ensure that the membership of the 
     team adequately reflects any significant regional differences 
     in operating conditions within commercial fisheries and gear 
     types that incidentally take Atlantic large whales, 
     including, if necessary, the appointment of additional 
     members to the team to reflect such regional differences.
       (2)(A) Not later than 3 months after the date that the 
     take-reduction team for Atlantic large whales has been 
     reconvened, the team shall submit a draft take-reduction plan 
     to the Secretary, consistent with the other provisions, of 
     section 118 of the Marine Mammal Protection Act (16 U.S.C. 
     1387).
       (B) The take-reduction team shall meet no less than 4 times 
     before the end of the 3-month period referred to in 
     subparagraph (A).
       (C) After the take-reduction has been reconvened, the team 
     and the Secretary shall follow the procedures set forth in 
     section 118(f)(7) of the Marine Mammal Protection Act.
       (d) A permit pursuant to section 101(a)(5)(E) of the Marine 
     Mammal Protection Act (16 U.S.C. 1371) shall be deemed 
     granted for commercial fisheries interacting with Atlantic 
     Large Whales, and listed under section 118(c), until February 
     1, 1998.
       (e) Section 101(e) of the Marine Mammal Protection Act of 
     1972 (16 U.S.C. 1371(c)) is amended by inserting a comma and 
     ``to free a marine mammal from entanglement in fishing gear 
     or debris,'' after ``self-defense''.
                                 ______
                                 

                     FEINGOLD AMENDMENTS NOS. 83-84

  (Ordered to lie on the table.)
  Mr. FEINGOLD submitted two amendments intended to be proposed by him 
to the bill, S. 672, supra; as follows:

                            Amendment No. 83

       On page 7, line 24, insert before the period, the 
     following: ``: Provided further, That none of the funds made 
     available under this Act may be obligated or expended for 
     operations or activities of the Armed Forces relating to 
     Bosnia ground deployment after September 30, 1997''.
                                                                    ____


                            Amendment No. 84

       On page 9, between line 2 and 3, insert the following:
       (c) Prohibition.--(1) Congress makes the following 
     findings:
       (A) On November 27, 1995, the President affirmed that 
     United States participation in the multinational military 
     Implementation Force (known as IFOR) would terminate in one 
     year.
       (B) The President declared the expiration date of the 
     mandate for IFOR to be December 20, 1996.
       (C) The Secretary of Defense and the Chairman of the Joint 
     Chiefs of Staff likewise expressed their confidence that IFOR 
     would complete its mission in one year.
       (D) The exemplary performance of the United States Armed 
     Forces has significantly contributed to the accomplishment of 
     the military mission of IFOR, and the courage, dedication, 
     and professionalism of such personnel have permitted the 
     separation of the belligerent parties to the conflict in 
     Bosnia and Herzegovina and have resulted in a significant 
     mitigation of the violence and suffering in Bosnia and 
     Herzegovina.
       (E) On October 3, 1996, the Chairman of the Joint Chiefs of 
     Staff announced the intention of the President to delay the 
     removal of the United States Armed Forces personnel from 
     Bosnia and Herzegovina until March 1997 for operational 
     reasons.
       (F) Notwithstanding the assurances given to Congress by the 
     President, the Secretary of Defense, and the Chairman of the 
     Joint Chiefs of Staff of their resolve to end the mission of 
     United States Armed Forces in Bosnia and Herzegovina by 
     December 20, 1996, the President in November 1996 
     announced his intention to further extend the deployment 
     of the United States Armed Forces in Bosnia and 
     Herzegovina until June 1998 to participate in the 
     multinational military Stabilization Force (known as 
     SFOR).
       (G) Before the announcement of the new policy referred to 
     in subparagraph (F), the President did not request 
     authorization by Congress of the policy that would result in 
     the further deployment of United States Armed Forces in 
     Bosnia and Herzegovina until June 1998.
       (H) Although the cost of the United States Armed Forces 
     deployment in Bosnia and Herzegovina was initially estimated 
     at $2,000,000,000, the estimate has been revised upward to 
     $6,500,000,000, more than three times the initial projected 
     cost.
       (I) Unless an end date for the deployment of United States 
     Armed Forces in Bosnia and Herzegovina is established, the 
     length of the deployment and the cost of the operation is 
     likely to continue to increase.
       (2) No funds appropriated or otherwise made available by 
     this or any other Act for the Department of Defense or any 
     other agency of the Federal Government may be obligated or 
     expended for the deployment of the Armed Forces of the United 
     States on the ground in Bosnia and Herzegovina after 
     September 30, 1997.
       (3) The prohibition in paragraph (2) does not apply to 
     obligations and expenditures necessary to support the safe 
     and timely withdrawal of the Armed Forces from Bosnia and 
     Herzegovina.
       (4) If requested by the President and authorized in a law 
     enacted after the date of the enactment of this Act, 
     obligations and expenditures otherwise prohibited under 
     paragraph (2) after the date specified in that paragraph may 
     be made during the 90-day period beginning on the day after 
     that date.
                                 ______
                                 

                     HOLLINGS AMENDMENTS NOS. 85-87

  (Ordered to lie on the table.)
  Mr. HOLLINGS submitted three amendments intended to be proposed by 
him to the bill, S. 672, supra; as follows:

                            Amendment No. 85

       On page 47, strike lines 14 through 18 and insert the 
     following:
       Sec. 303. (a) None of the funds available in any 
     appropriations Act for fiscal year 1997 may be used by the 
     Department of Commerce to plan or otherwise prepare for the 
     use of sampling in taking the 2000 census in a manner that 
     cannot be reversed should Congress determine that only a 
     direct enumeration 2000 census may be performed;
       (b) The Senate Committee on Governmental Affairs shall 
     review the current plans of the Bureau of the Census for 
     conducting the decennial census in the year 2000 and it shall 
     report back to the Senate not later than July 15, 1997, on 
     the accuracy, objectivity, and cost effectiveness of 
     employing statistical sampling in the conduct of the 
     decennial census.
                                                                    ____


                            Amendment No. 86

       On page 47, strike lines 14 through 18 and insert the 
     following:
       Sec. 303. None of the funds available in any appropriations 
     Act for fiscal year 1997 may be used by the Department of 
     Commerce to plan or otherwise prepare for the use of sampling 
     in taking the 2000 census in a manner that cannot be reversed 
     should Congress determine that only a direct enumeration 2000 
     census may be performed.
                                                                    ____


                            Amendment No. 87

       On page 47 of the bill, strike lines through 18.
                                 ______
                                 

                        GRAHAM AMENDMENT NO. 88

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted an amendment intended to be proposed by him to 
the bill, S. 672, supra; as follows:

       Beginning on page 75, strike line 11 and all that follows 
     through page 80, line 22, and insert the following:

 TITLE VI--SOCIAL SECURITY ADMINISTRATION--SUPPLEMENTAL SECURITY INCOME

       None of the funds appropriated or otherwise made available 
     by this Act or any other Act for the Social Security 
     Administration for fiscal year 1997 may be used to implement 
     any termination or suspension of benefits under the 
     supplemental security income program under title XVI of the 
     Social Security

[[Page S4018]]

     Act (42 U.S.C. 1381 et seq.) pursuant to section 402(a) of 
     the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1612(a)).
                                 ______
                                 

                     DASCHLE AMENDMENTS NOS. 89-91

  (Ordered to lie on the table.)
  Mr. DASCHLE submitted three amendments intended to be proposed by him 
to the bill. S. 672, surpa; as follows:

                            Amendment No. 89

       At the appropriate place, insert the following:

                  FEDERAL EMERGENCY MANAGEMENT AGENCY

    Grant for the Construction of a Pipeline To Connect the Town of 
     Gettysburg, South Dakota, to the Mid-Dakota Rural Water System

       For the funding of a grant to the town of Gettysburg, South 
     Dakota, to be used to pay the Bureau of Reclamation of the 
     construction of a pipeline to connect the town to the Mid-
     Dakota Rural Water System, $1,500,000.

                       DEPARTMENT OF AGRICULTURE

                   Consolidated Farm Services Agency

       For the funding of an emergency community water assistance 
     grant to the town of Gettysburg, South Dakota, under section 
     306A of the Consolidated Farm and Rural Development Act (7 
     U.S.C. 1926a), $1,500,000.
                                                                    ____


                            Amendment No. 90

       At the appropriate place, insert the following:


 united states fish and wildlife service partners for wildlife program

       For the Partners of Wildlife Program of the United States 
     Fish and Wildlife Service, $5,000,000 to pay private 
     landowners for the voluntary use of private land to store 
     water in restored wetlands.
                                                                    ____


                            Amendment No. 91

       At the appropriate place, insert the following new section:

     SEC.   . EMERGENCY ASSISTANCE FOR THE CROW CREEK SIOUX TRIBE.

       (a) Definitions.--In this section:
       (1) Bad nation community.--The term ``Bad Nation 
     Community'' means the Bad Nation Community of the Crow Creek 
     Indian Reservation, South Dakota.
       (2) Fort thompson community.--The term ``Fort Thompson 
     Community'' means the Fort Thompson Community of the Crow 
     Creek Indian Reservation, South Dakota.
       (3) Tribal administration building.--The term ``Tribal 
     Administration Building'' means the administration building 
     of the Tribe.
       (4) Tribal farm.--The term ``Tribal Farm'' means the Crow 
     Creek Tribal Farm, located in the Crow Creek Indian 
     Reservation, South Dakota.
       (5) Tribe.--The term ``Tribe'' means the Crow Creek Sioux 
     Tribe of Indians, a band of the Great Sioux Nation recognized 
     by the United States of America.
       (b) Emergency Assistance.--
       (1) In general.--In addition to the amounts appropriated 
     under this Act for the Bureau of Indian Affairs of the 
     Department of the Interior, there are appropriated to the 
     Department of the Interior for use by the Bureau of Indian 
     Affairs $1,200,000. The amount appropriated under this 
     paragraph shall be used for the emergency response activities 
     specified in paragraphs (2) through (5) to address damage to 
     the Crow Creek Indian Reservation, South Dakota, caused by 
     natural disasters.
       (2) Road repairs.--Of the amount appropriated under 
     paragraph (1), $725,000 shall be used for road repairs, of 
     which--
       (A) $125,000 shall be used to make repairs to roads that 
     service the Fort Thompson Community; and
       (B) $600,000 shall be used to make repairs to roads that 
     service the Bad Nation Community.
       (3) Monitoring and cleanup of sewage.--Of the amount 
     appropriated under paragraph (1), $40,000 shall be used for 
     the monitoring and cleanup of sewage discharges.
       (4) Tribal farm.--Of the amount appropriated under 
     paragraph (1), $350,000 shall be used to repair damage to the 
     irrigation pump on the Tribal Farm.
       (5) Tribal administration building.--Of the amount 
     appropriated under paragraph (1), $85,000 shall be used to 
     repair the Tribal Administration Building.
                                 ______
                                 

                         LEAHY AMENDMENT NO. 92

  (Ordered to lie on the table.)
  Mr. LEAHY submitted an amendment intended to be proposed by him to 
the bill, S. 672, supra; as follows:

       On page 68, below line 24, add the following:
       Sec. 406. Notwithstanding any other provision of law, funds 
     appropriated for Dual Use Applications Programs in Public Law 
     104-208 (110 Stat. 3009-84) under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' may be 
     obligated by the Secretary of Defense for the Commercial 
     Operations and Support Savings Initiative.
                                 ______
                                 

                   REID (AND BAUCUS) AMENDMENT NO. 93

  (Ordered to lie on the table.)
  Mr. REID (for himself and Mr. Baucus) submitted an amendment intended 
to be proposed by them to the bill, S. 672, supra; as follows:

       Beginning on page 50, strike line 15 and all that follows 
     through page 51 and insert the following:
       The policy issued on February 19, 1997, by the United 
     States Fish and Wildlife Service implementing emergency 
     provisions of the Endangered Species Act and applying to 46 
     California counties that were declared Federal disaster areas 
     shall apply to all counties nationwide heretofore or 
     hereafter declared Federal disaster areas at any time during 
     1997 and shall apply to repair activities on flood control 
     facilities in response to an imminent threat to human lives 
     and property and shall remain in effect until the Assistant 
     Secretary of the Army for Civil Works determines that 100 
     percent of emergency repairs have been completed, but shall 
     not remain in effect later than December 31, 1998.
                                 ______
                                 

                         REID AMENDMENT NO. 94

  (Ordered to lie on the table.)
  Mr. REID submitted an amendment intended to be proposed by him to the 
bill, S. 672, supra; as follows:

       Beginning on page 50, strike line 15 and all that follows 
     through page 51 and insert the following:
       The policy issued on February 19, 1997, by the United 
     States Fish and Wildlife Service implementing emergency 
     provisions of the Endangered Species Act and applying to 46 
     California counties that were declared Federal disaster areas 
     shall--
       (1) apply to all counties nationwide heretofore or 
     hereafter declared Federal disaster areas at any time during 
     1997; or
       (2) apply to repair activities on flood control facilities 
     in response to an imminent threat to human lives and 
     property; and
       (3) remain in effect for the purposes of paragraphs (1) and 
     (2) until the Assistant Secretary of the Army for Civil Works 
     determines that 100 percent of emergency repairs have been 
     completed, but shall not remain in effect later than December 
     31, 1998.
                                 ______
                                 

               KERREY (AND DORGAN) AMENDMENTS NOS. 95-96

  (Ordered to lie on the table.)
  Mr. KERREY (for himself and Mr. Dorgan) submitted two amendments 
intended to be proposed by them to the bill, S. 672, supra; as follows:

                            Amendment No. 95

       On page 55, strike lines 11 through 13 and insert in lieu 
     thereof the following new language: ``within that other 
     contiguous country; (B) that exempts similar categories of 
     flights operated by citizens of the United States and (C) the 
     total amount to be collected in FY 1998 and each year 
     thereafter from overflight fees is at least $50,000,000 per 
     year.''
                                                                    ____


                            Amendment No. 96

       On page 55, strike lines 3 through 13 and insert in lieu 
     thereof the following:
       Sec. 320. (a) Section 45301(a)(1) of title 49, United 
     States Code, is amended by--
       (1) striking ``government or of a foreign government'' and 
     inserting ``government, a foreign government, or general 
     aviation aircraft''.
       (b) Section 45301 of title 49, United States Code, is 
     amended by adding at the end thereof the following new 
     subsection:
       ``(d) Rebates to Certain Airlines.--Out of the Airport and 
     Airways Trust Fund, the Administrator shall make funds 
     available to make payments to airlines providing domestic air 
     service originating or terminating in States other than the 
     48 contiguous States of the United States that are charged 
     overflight fees by a foreign country contiguous to the United 
     States. The payments to any air carrier shall not exceed the 
     amount such carrier was charged for overflight rights by that 
     foreign country. The total payments made per year to airlines 
     by the Administrator under this subsection shall not exceed 
     $3,000,000.''.
                                 ______
                                 

                 BUMPERS (AND OTHERS) AMENDMENT NO. 97

  (Ordered to lie on the table.)
  Mr. BUMPERS (for himself, Mr. Bond and Mr. Warner) submitted an 
amendment intended to be proposed by them to the bill, S. 672, supra; 
as follows:

       At the appropriate place add the following new section:

     ``SEC.   . EXPANDING SMALL BUSINESS PARTICIPATION IN 
                   DREDGING.

       ``Section 722(a) of the Small Business Competitiveness 
     Demonstration Program Act of 1988 (15 U.S.C. 644 note) is 
     amended by striking `September 30, 1996' and inserting 
     `September 30, 1997'.''
                                 ______
                                 

                        GRAHAM AMENDMENT NO. 98

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted an amendment intended to be proposed by him to 
the bill, S. 672, supra; as follows:

       On page 57, between lines 3 and 4, insert the following:
       Sec. 326. It is the sense of the Senate that funds provided 
     by this Act for highways

[[Page S4019]]

     should be distributed in a manner that ensures fairness and 
     equity.
                                 ______
                                 

                       WELLSTONE AMENDMENT NO. 99

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted an amendment intended to be proposed by him 
to the bill, S. 672, supra; as follows:

       On page 33, line 22, strike ``$58,000,000'' and insert 
     ``$76,000,000''.
                                 ______
                                 

                    MOSELEY-BRAUN AMENDMENT NO. 100

  (Ordered to lie on the table.)
  Ms. MOSELEY-BRAUN submitted an amendment intended to be proposed by 
her to the bill, S. 672, supra; as follows:

       On page 40, line 21, after the word ``County'', insert the 
     following: ``: Provided further, That $400,000 of the 
     additional allocation for the State of Illinois shall be 
     provided for costs associated with the replacement of 
     Gaumer's Bridge in Vermilion County, Illinois''.
                                 ______
                                 

                     McCAIN AMENDMENTS NOS. 101-113

  (Ordered to lie on the table.)
  Mr. McCAIN submitted 13 amendments intended to be proposed by him to 
the bill, S. 672, supra; as follows:

                           Amendment No. 101

       Sec.   . Sections 4041(c)(3)(B), 4081(d)(2)(B), 
     4091(b)(3)(A)(1)(ii), 4261(g)(1)(ii), and 4271(d)(1)(A)(ii) 
     of the Internal Revenue Code of 1986 are each amended by 
     striking ``September 30, 1997.'' and inserting ``the date on 
     which the Secretary and the Secretary of Transportation 
     jointly determine that the aviation-related taxes imposed 
     under section 4041, 4081, 4091, 4261, and 4271 of this title 
     have been replaced by an alternative funding system.''.
                                                                    ____


                           Amendment No. 102

       Sec.   . Section 4091(a)(3)(A) of the Internal Revenue Code 
     of 1986 is amended to read as follows:
       ``(A) The rate of tax specified in paragraph (1) shall be 
     4.3 cents per gallon after December 31, 1996, and before the 
     date which is 7 days after the date of the enactment of the 
     Airport and Airway Trust Fund Tax Reinstatement Act of 
     1997.''.
       (b) Section 4081(d)(2) of such Code is amended to read as 
     follows:
       ``(2) Aviation gasoline.--The rate of tax specified in 
     subsection (a)(2)(A)(ii) shall be 4.3 cents per gallon after 
     December 31, 1996, and before the date which is 7 days after 
     the date of the enactment of the Airport and Airway Trust 
     Fund Tax Reinstatement Act of 1997.''.
       (c) Section 4041(c)(3) of such Code is amended to read as 
     follows:
       ``(3) Application.--The rate of the taxes imposed by 
     paragraph (1) shall be 4.3 cents per gallon after December 
     31, 1996, and before the date which is 7 days after the date 
     of the enactment of the Airport and Airway Trust Fund Tax 
     Reinstatement Act of 1997.''.
       (d) Section 4261(g) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) In general.--The taxes imposed by this section shall 
     apply to transportation beginning after the seventh day after 
     the date of the enactment of the Airport and Airway Trust 
     Fund Tax Reinstatement Act of 1997 and amounts paid for 
     transportation beginning after that day.''; and
       (2) by striking ``under paragraph (1)(B)'' in paragraph 
     (2).
       (e) Section 4261(d) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) In general.--The tax imposed by subsection (a) shall 
     apply to transportation beginning after the seventh day after 
     the date of the enactment of the Airport and Airway Trust 
     Fund Tax Reinstatement Act of 1997 and amounts paid for 
     transportation beginning after that day.''; and
       (2) by striking ``under paragraph (1)(B)'' in paragraph 
     (2).
                                                                    ____


                           Amendment No. 103

       On page 41, strike lines 1 through 18.
       On page 47, strike lines 6 through 13.
                                                                    ____


                           Amendment No. 104

       On page 25, on line 11, strike all that appears after the 
     phrase ``as amended'', through line 16, and insert in lieu 
     thereof''.''.
                                                                    ____


                           Amendment No. 105

       On page 37, strike lines 4 through 18.
                                                                    ____


                           Amendment No. 106

       On page 36, starting on line 18, strike all that appears 
     through page 37, line 3.
                                                                    ____


                           Amendment No. 107

       On page 39, starting on line 22, strike all that appears 
     after ``1997'' through page 40, line 21, and insert in lieu 
     thereof''.''.
       On page 42, starting on line 11, strike all that appears 
     through page 43, line 4.
                                                                    ____


                           Amendment No. 108

       On page 32, strike lines 1 through 18.
                                                                    ____


                           Amendment No. 109

       On page 15, beginning on line 11, strike all after the 
     phrase ``as amended'' through line 16, and insert in lieu 
     thereof''.''.
                                                                    ____


                           Amendment No. 110

       On page 50, before the period at the end of line 11, add 
     the following new provisos: ``Provided, That, within 60 days 
     of the date of enactment of this Act, the Secretary of the 
     Interior, in consultation with State and local government 
     officials, shall submit to Congress a proposal to establish a 
     process for recognizing and determining the validity or 
     management of any right of way established pursuant to 
     Revised Statutes 2477 (43 U.S.C. 932).''
                                                                    ____


                           Amendment No. 111

       Strike title VII of the Act, and insert in lieu thereof the 
     following:

     ``SEC. 701. SHORT TITLE.

       This title may be cited as the ``Government Shutdown 
     Prevention Act.''.

     SEC. 702. AMENDMENT TO TITLE 31.

       (a) In General.--Chapter 13 of title 31, United States 
     Code, is amended by inserting after section 1310 the 
     following new section:

     ``Sec. 1311. Continuing appropriations

       ``(a)(1) If any regular appropriation bill for a fiscal 
     year does not become law prior to the beginning of such 
     fiscal year or a joint resolution making continuing 
     appropriations is not in effect, there is appropriated, out 
     of any moneys in the Treasury not otherwise appropriated, and 
     out of applicable corporate or other revenues, receipts, and 
     funds, such sums as may be necessary to continue any project 
     or activity for which funds were provided in the preceding 
     fiscal year--
       ``(A) in the corresponding regular appropriation Act for 
     such preceding fiscal year; or
       ``(B) if the corresponding regular appropriation bill for 
     such preceding fiscal year did not become law, then in a 
     joint resolution making continuing appropriations for such 
     preceding fiscal year.
       ``(2) Appropriations and funds made available, and 
     authority granted, for a project or activity for any fiscal 
     year pursuant to this section shall be at a rate of 
     operations not in excess of the lower of--
       ``(A) the rate of operations provided for in the regular 
     appropriation Act providing for such project or activity for 
     the preceding fiscal year,
       ``(B) in the absence of such an Act, the rate of operations 
     provided for such project or activity pursuant to a joint 
     resolution making continuing appropriations for such 
     preceding fiscal year,
       ``(C) the rate of operations provided for in the House or 
     Senate passed appropriation bill for the fiscal year in 
     question, except that the lower of these two versions shall 
     be ignored for any project or activity for which there is a 
     budget request if no funding is provided for that project or 
     activity in either version,
       ``(D) the rate provided in the budget submission of the 
     President under section 1105(a) of title 31, United States 
     Code, for the fiscal year in question, or
       ``(E) the annualized rate of operations provided for in the 
     most recently enacted joint resolution making continuing 
     appropriations for part of that fiscal year or any funding 
     levels established under the provisions of this Act.
       ``(3) Appropriations and funds made available, and 
     authority granted, for any fiscal year pursuant to this 
     section for a project or activity shall be available for the 
     period beginning with the first day of a lapse in 
     appropriations and ending with the earlier of--
       ``(A) the date on which the applicable regular 
     appropriation bill for such fiscal year becomes law (whether 
     or not such law provides for such project or activity) or a 
     continuing resolution making appropriations becomes law, as 
     the case may be, or
       ``(B) the last day of such fiscal year.
       ``(d) An appropriation or funds made available, or 
     authority granted, for a project or activity for any fiscal 
     year pursuant to this section shall be subject to the terms 
     and conditions imposed with respect to the appropriation made 
     or funds made available for the preceding fiscal year, or 
     authority granted for such project or activity under current 
     law.
       ``(c) Appropriations and funds made available, and 
     authority granted, for any project or activity for any fiscal 
     year pursuant to this section shall cover all obligations or 
     expenditures incurred for such project or activity during the 
     portion of such fiscal year for which this section applies to 
     such project or activity.
       ``(d) Expenditures made for a project or activity for any 
     fiscal year pursuant to this section shall be charged to the 
     applicable appropriation, fund, or authorization whenever a 
     regular appropriation bill or a joint resolution making 
     continuing appropriations until the end of a fiscal year 
     providing for such project or activity for such period 
     becomes law.
       ``(c) This section shall not apply to a project or activity 
     during a fiscal year if any other provision of law (other 
     than an authorization of appropriations)--
       ``(1) makes an appropriation, makes funds available, or 
     grants authority for such project or activity to continue for 
     such period, or
       ``(2) specifically provides that no appropriation shall be 
     made, no funds shall be made available, or no authority shall 
     be granted for such project or activity to continue for such 
     period.

[[Page S4020]]

       ``(f) For purposes of this section, the term `regular 
     appropriation bill' means any annual appropriation bill 
     making appropriations, otherwise making funds available, or 
     granting authority, for any of the following categories of 
     projects and activities:
       ``(1) Agriculture, rural development, and related agencies 
     programs.
       ``(2) The Departments of Commerce, Justice, and State, the 
     Judiciary, and related agencies.
       ``(3) The Department of Defense.
       ``(4) The government of the District of Columbia and other 
     activities chargeable in whole or in part against the 
     revenues of the District.
       ``(5) The Departments of Labor, Health and Human Services, 
     and Education, and related agencies.
       ``(6) The Department of Housing and Urban Development, and 
     sundry independent agencies, boards, commissions, 
     corporations, and offices.
       ``(7) Energy and water development.
       ``(8) Foreign assistance and related programs.
       ``(9) The Department of the Interior and related agencies.
       ``(10) Military construction.
       ``(11) The Department of Transportation and related 
     agencies.
       ``(12) The Treasury Department, the U.S. Postal Service, 
     the Executive Office of the President, and certain 
     independent agencies.
       ``(13) The legislative branch.''.
       (b) Clerical Amendment.--The analysis of chapter 13 of 
     title 31, United States Code, is amended by inserting after 
     the item relating to section 1310 the following new item:

       ``1311. Continuing appropriations.''.

       (c) Protection of Other Obligations.--Nothing in the 
     amendments made by this section shall be construed to effect 
     Government obligations mandated by other law, including 
     obligations with respect to Social Security, Medicare, and 
     Medicaid.

     SEC. 703. EFFECTIVE DATE.

       (a) Effective Date.--The amendments made by this Act shall 
     apply with respect to fiscal years beginning with fiscal year 
     1998.
                                                                    ____


                           Amendment No. 112

       On page 81, line 19, strike ``98'' and insert in lieu 
     thereof ``100''.
                                                                    ____


                           Amendment No. 113

       Beginning on page 50, strike line 12 and all that follows 
     through page 51, line 25, and insert the following:

     SEC. 311. COMPLIANCE WITH THE ENDANGERED SPECIES ACT OF 1973 
                   IN CONNECTION WITH FLOOD CONTROL PROJECTS.

       The policy issued on February 19, 1997, by the United 
     States Fish and Wildlife Service that implements emergency 
     provisions of the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) and applies to 46 California counties declared 
     by the President to be major disaster areas under the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.) shall--
       (1) apply to all counties nationwide with respect to which 
     such a declaration is made at any time during 1997;
       (2) apply to repair activities on flood control facilities 
     in response to an imminent threat to human lives and 
     property; and
       (3) remain in effect until the Assistant Secretary of the 
     Army having responsibility for civil works determines that 
     100 percent of emergency repairs have been completed, except 
     that the policy shall not remain in effect after December 31, 
     1998.
                                 ______
                                 

             TORRICELLI (AND LAUTENBERG) AMENDMENT NO. 114

  (Ordered to lie on the table.)
  Mr. TORRICELLI (for himself and Mr. Lautenberg) submitted an 
amendment intended to be proposed by them to the bill, S. 672, supra; 
as follows:

       On page 57, between lines 3 and 4, insert the following:

     SEC.   . MICHAEL GILLICK CHILDHOOD CANCER RESEARCH.

       (a) Findings.--Congress finds that--
       (1) during the period from 1980 to 1988, Ocean County, New 
     Jersey, had a significantly higher rate of childhood cancer 
     than the rest of the United States, including a rate of brain 
     and central nervous system cancer that was nearly 70 percent 
     above the rate of other States;
       (2) during the period from 1979 to 1991--
       (A) there were 230 cases of childhood cancer in Ocean 
     County, of which 56 cases were in Dover Township, and of 
     those 14 were in Toms River alone;
       (B) the rate of brain and central nervous system cancer of 
     children under 20 in Toms River was 3 times higher than 
     expected, and among children under 5 was 7 times higher than 
     expected; and
       (C) Dover Township, which would have had a nearly normal 
     cancer rate if Toms River was excluded, had a 49 percent 
     higher cancer rate than the rest of the State and an 80 
     percent higher leukemia rate than the rest of the State; and
       (3)(A) according to New Jersey State averages, a population 
     the size of Toms River should have 1.6 children under age 19 
     with cancer; and
       (B) Toms River currently has 5 children under the age of 19 
     with cancer.
       (b) Study.--
       (1) In general.--The Administrator of the Agency for Toxic 
     Substances and Disease Registry shall conduct does-
     reconstruction modeling and an epidemiological study of 
     childhood cancer in Dover Township, New Jersey, which may 
     also include the high incidence of neuroblastomas in Ocean 
     County, New Jersey.
       (2) Grant to new jersey.--The Administrator may make 1 or 
     more grants to the State of New Jersey to carry out paragraph 
     (1).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this Act $6,000,000 for 
     fiscal years 1998 through 2000.
                                 ______
                                 

                        BOXER AMENDMENT NO. 115

  (Ordered to lie on the table.)
  Mrs. BOXER submitted an amendment intended to be proposed by her to 
the bill, S. 672, supra; as follows:

       Strike title VI and insert the following:

             TITLE VI--EXTENSION OF SSI FOR CERTAIN ALIENS

     SEC. 601. EXTENSION OF SSI REDETERMINATION PROVISIONS.

       (a) In General.--Subject to subsection (d), in the case of 
     the specified Federal program defined in section 402(a)(3)(A) 
     of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 Act (8 U.S.C. 1612(a)(3)(A)), 
     section 402(a)(2)(D)(i) of such Act (8 U.S.C. 
     1612(a)(2)(D)(i) is applied--
       (1) in subclause (I), by substituting ``September 30, 
     1997'' for ``the date which is 1 year after such date of 
     enactment''; and
       (2) in subclause (III), by substituting ``September 30, 
     1997'' for ``the date of the redetermination with respect to 
     such individual''.
       (b) Notice and Redetermination.--The Commissioner of Social 
     Security shall notify any individual described in section 
     402(A)(2)(D)(i) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1612(a)(2)(D)(i)), as applied by subsection (a), who, on or 
     after August 22, 1996, has been determined to be ineligible 
     for the specified Federal program defined in section 
     402(a)(3)(A) of such Act (8 U.S.C. 1612(a)(3)(A)) solely on 
     the basis of the application of section 402 of such Act (8 
     U.S.C. 1612), as in effect on the day before the date of 
     enactment of this Act, that the individual's eligibility for 
     such program shall be redetermined, and shall conduct such 
     redetermination in a timely manner. Subject to subsection 
     (d), any benefits that such an individual should have 
     received under any such program during the period beginning 
     on the date of the determination described in the preceding 
     sentence and ending on September 30, 1997, were it not for 
     the enactment of the Personal Responsibility and Work 
     Opportunity Reconciliation act of 1996, shall be restored to 
     that individual.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated for payment of benefits resulting from the 
     application of subsection (a) an amount not to exceed 
     $125,000,000 for fiscal year 1997, to remain available 
     without fiscal year limitation.
       (d) Limitation of Application.--If the total amount of 
     additional benefits to be paid as a result of the application 
     of subsection (a) exceeds the amount appropriated pursuant to 
     subsection (c), then the benefits payable to each individual 
     made eligible by the application of subsection (a) shall be 
     reduced on a pro rata basis.
                                 ______
                                 

                     GRAMM AMENDMENTS NOS. 116-119

  (Ordered to lie on the table.)
  Mr. GRAMM submitted four amendments intended to be proposed by him to 
the bill, S. 672, supra; as follows:

                           Amendment No. 116

       At the appropriate place, insert the following:
       Sec. 501. (a) Notwithstanding any other provision of this 
     Act, each amount of budget authority provided in a nonexempt 
     discretionary spending nondefense account for fiscal year 
     1997 for a program, project, or activity is reduced by the 
     uniform percentage necessary to offset nondefense budget 
     authority provided in this Act. The reductions required by 
     this subsection shall be implemented generally in accordance 
     with section 251 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       (b) Notwithstanding any other provision of this Act only 
     that portion of non-defense budget authority provided in this 
     Act that is obligated during fiscal year 1997 shall be 
     designated as an emergency requirement pursuant to section 
     251(b)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985. All remaining nondefense budget 
     authority provided in this Act shall not be available for 
     obligation until October 1, 1997.
                                                                    ____


                           Amendment No. 117

       At the appropriate place, insert the following:
       Sec. 501. Notwithstanding any other provision of this Act 
     or only that portion of nondefense budget authority provided 
     in this Act that is obligated during fiscal year 1997 shall 
     be designated as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) if the Balanced Budget and Emergency Deficit 
     Control Act of 1985. All remaining nondefense budget 
     authority provided in this Act shall not be available for 
     obligation until October 1, 1997.
                                                                    ____


                           Amendment No. 118

       At the appropriate place, insert the following:

[[Page S4021]]

       Sec.  . (a) Notwithstanding any other provision of this Act 
     or any other law, each amount of budget authority provided in 
     a nonexempt discretionary spending nondefense account for 
     fiscal year 1997 for a program, project, or activity is 
     reduced by the uniform percentage necessary to offset 
     nondefense budget authority provided in this Act. The 
     reductions required by this subsection shall be implemented 
     generally in accordance with section 251 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985.
       (b) Notwithstanding any other provision of this Act or any 
     other provision of law, only that portion of nondefense 
     budget authority provided in this Act that is obligated 
     during fiscal year 1997 shall be designated as an emergency 
     requirement pursuant to section 251(b)(2)(D)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985. 
     All remaining nondefense budget authority provided in this 
     Act shall not be available for obligation until October 1, 
     1997.
                                                                    ____


                           Amendment No. 119

       At the appropriate place, insert the following:
       Sec.  . Notwithstanding any other provision of this Act or 
     any other provision of law, only that portion of nondefense 
     budget authority provided in this Act that is obligated 
     during fiscal year 1997 shall be designated as an emergency 
     requirement pursuant to section 251(b)(2)(D)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985. 
     All remaining nondefense budget authority provided in this 
     Act shall not be available for obligation until October 1, 
     1997.
                                 ______
                                 

              FEINSTEIN (AND COVERDELL) AMENDMENT NO. 120

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN (for herself and Mr. Coverdell) submitted an amendment 
intended to be proposed by them to the bill, S. 672, supra; as follows:

       At the appropriate place, insert the following:

     SEC.  . CUSTOMS INSPECTIONS OF CERTAIN CARRIERS.

       (a) Definitions.--In this section:
       (1) Carrier.--The term ``carrier'' includes every 
     description of carriage or other contrivance used, or capable 
     of being used, as a means of transporting cargo on land, but 
     does not include automobiles or aircraft.
       (2) Hard narcotic.--The term ``hard narcotic'' means--
       (A) a depressant or stimulant substance as defined in 
     section 102(9) of the Controlled Substances Act (21 U.S.C. 
     802(9));
       (B) marihuana as defined in section 102(16) of such Act (21 
     U.S.C. 802(16));
       (C) a narcotic drug as defined in section 102(17) of such 
     Act (21 U.S.C. 802(17)); and
       (D) an immediate precursor to a hard narcotic described in 
     subparagraph (A) or (C), as defined in section 102(23) of 
     such Act (21 U.S.C. 802(23)).
       (3) Person.--The term ``person'' includes partnerships, 
     associations, and corporations.
       (4) Related person.--A person is related to another person 
     if--
       (A) the person bears a relationship to such other person 
     specified in section 267(b) or 707(b)(1) of the Internal 
     Revenue Code of 1986; or
       (B) the person and such other person are engaged in trades 
     or businesses under common control (within the meaning of 
     subsections (a) and (b) of section 52 of the Internal Revenue 
     Code of 1986).

     For purposes of subparagraph (A), ``10 percent'' shall be 
     substituted for ``50 percent'' in applying sections 267(b)(1) 
     and 707(b)(1) of such Code.
       (b) List of Carriers, Shippers, and Importers.--
       (1) In general.--Not later than January 1, 1998, the 
     Secretary of the Treasury shall compile a list of all persons 
     (including all related persons) who are carriers, shippers, 
     or importers and with respect to whom property or funds have 
     been seized by or otherwise forfeited to the United States in 
     connection with hard narcotics-related activity within the 10 
     years preceding publication of the list.
       (2) Updates.--The Secretary of the Treasury shall update 
     the list described in paragraph (1) every 30 days.
       (c) Inspection by Customs.--The Commissioner of Customs 
     shall direct customs officers to conduct inspections of all 
     carriers and cargo entered into the customs territory of the 
     United States if--
       (1) the carrier, shipper, or importer of such cargo is a 
     person who is on the list compiled pursuant to subsection 
     (b); or
       (2) after consultation with the Administrator of the Drug 
     Enforcement, the carrier, shipper, or importer of such cargo 
     is a person whom the Administrator determines warrants 
     inspection.
                                 ______
                                 

                       FEINSEIN AMENDMENT NO. 121

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted an amendment intended to be proposed by her 
to the bill, S. 672, supra; as follows:

       At the appropriate place, insert the following:

     SEC.  . REPORT AND CERTIFICATION REQUIRED.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of Transportation shall not approve the 
     application of any Mexican motor carrier of property to 
     provide service across the United States-Mexico international 
     boundary line or by a Mexican owned or controlled enterprise 
     established in the United States to transport international 
     cargo in foreign commerce, until the report and certification 
     described in subsection (b) are submitted to Congress and a 
     joint resolution described in subsection (c) is enacted into 
     law.
       (b) Report and Certification Described.--
       (1) Report.--The report described in this subsection means 
     a written statement submitted to Congress not later than 
     September 1, 1997, by the President describing the following:
       (A) The extent of any significant and demonstrable progress 
     made by the Government of the United States and the 
     Government of Mexico, respectively, during the period 
     beginning on March 1, 1997, and ending on the date of the 
     report in achieving the following objectives relating to 
     counterdrug cooperation:
       (i) The investigation and dismantlement of the principal 
     organizations responsible for drug trafficking and related 
     crimes in both Mexico and the United States, including the 
     prevention and elimination of their activities, the 
     prosecution or extradition and incarceration of their 
     leaders, and the seizure of their assets.
       (ii) The development and strengthening of permanent working 
     relationships between the United States and Mexico law 
     enforcement agencies, with particular reference to law 
     enforcement directed against drug trafficking and related 
     crimes, including full funding and deployment of the 
     Binational Border Task Forces as agreed upon by both 
     governments.
       (iii) The strengthening of bilateral border enforcement, 
     including more effective screening for and seizure of 
     contraband.
       (iv) The denial of safe havens to persons and organizations 
     responsible for drug trafficking and related crimes and the 
     improvement of cooperation on extradition matters between 
     both countries.
       (v) The simplification of evidentiary requirements for 
     narcotics crimes and related crimes and for violence against 
     law enforcement officers.
       (vi) The full implementation of effective laws and 
     regulations for banks and other financial institutions to 
     combat money laundering, including the enforcement of 
     penalties for non-compliance by such institutions, and the 
     prosecution of money launderers and seizure of their assets.
       (vii) The eradication of crops destined for illicit drug 
     use in Mexico and in the United States in order to minimize 
     and eventually eliminate the production of such crops.
       (viii) The establishment and implementation of a 
     comprehensive screening process to assess the suitability and 
     financial and criminal background of all law enforcement and 
     other officials involved in the fight against organized 
     crime, including narcotics trafficking.
       (ix) The rendering of support to Mexico in its efforts to 
     identify, remove, and prosecute corrupt officials at all 
     levels of government, including law enforcement and military 
     officials.
       (x) The augmentation and strengthening of bilateral 
     cooperation.
       (B) The extent of any significant and demonstrable progress 
     made by the Government of the United States during the period 
     beginning on March 1, 1997, and ending on the date of the 
     report in--
       (i) implementing a comprehensive anti-drug education effort 
     in the United States targeted at reversing the rise in drug 
     use by America's youth;
       (ii) implementing a comprehensive international drug 
     interdiction and enforcement strategy; and
       (iii) deploying 1,000 additional active-duty, full-time 
     patrol agents within the Immigration and Naturalization 
     Service in fiscal year 1997 as required by section 101 of 
     division C of the Omnibus Consolidated Appropriations Act, 
     1997 (Public Law 104-208).
       (2) Certification.--The certification described in this 
     subsection means a written statement submitted to Congress by 
     the Secretary of Transportation certifying that--
       (A) the operating authority described in subsection (a) 
     shall not be granted to any Mexican motor carrier, driver, 
     enterprise, or broker unless such carrier, driver, 
     enterprise, or broker is aware of and is complying, while 
     operating in the United States, with the Federal motor 
     carrier safety rules;
       (B) the Department of Transportation or the States in which 
     the carrier will operate have in place a full-time 
     enforcement program with respect to the requirements 
     described in subparagraph (A); and
       (C) the Department of Transportation or the States in which 
     the carrier will operate have in place an on-going program of 
     monitoring and evaluating the requirements described in 
     subparagraph (A).
       (c) Joint Resolution Described; Procedural Requirements.--
       (1) In general.--For purposes of subsection (a), a joint 
     resolution is described in this subsection if it is a joint 
     resolution of the 2 Houses of Congress and the matter after 
     the resolving clause of such joint resolution is as follows: 
     ``That Congress authorizes the Secretary of Transportation to 
     approve applications submitted by Mexican motor carriers of 
     property, drivers, enterprises, and brokers to operate across 
     the United States-Mexico international boundary line and by 
     Mexican owned or controlled enterprises to transport 
     international cargo in the United States, if

[[Page S4022]]

     the Secretary is satisfied that the carrier, driver, 
     enterprise, or broker, as the case may be, meets United 
     States safety, health, and operating standards, and any other 
     applicable standard, for such operations.''.
       (2) Procedural provisions.--The requirements of this 
     subsection are met if Congress adopts and transmits the joint 
     resolution described in paragraph (1) to the President at any 
     time after Congress receives the report and certification 
     described in subsection (b).
                                 ______
                                 

                   HUTCHISON AMENDMENTS NOS. 122-125

  (Ordered to lie on the table.)
  Mrs. HUTCHISON submitted four amendments intended to be proposed by 
her to the bill, S. 672, supra; as follows:

                           Amendment No. 122

       Beginning on page 76, line 7 strike ``0.2'' and insert 
     ``0.1''.
                                                                    ____


                           Amendment No. 123

       Beginning on page 76, line 7 strike ``0.2'' and insert 
     ``0.05''.
                                                                    ____


                           Amendment No. 124

       Beginning on page 75, strike line 17 and all that follows 
     through page 78, line 15 and insert the following:
       ``(a) State Entitlement.--
       ``(1) In general.--In addition to any other payment under 
     this title, subject to the amount appropriated under 
     subsection (g) for a fiscal year and paragraph (3), each 
     State described in paragraph (2) shall, for the purpose of 
     providing assistance to an eligible individual, as defined in 
     subsection (e)(1), be entitled to a grant under this section 
     for that fiscal year in an amount that bears the same ratio 
     to the amount appropriated under subsection (g) as the number 
     of individuals described in subsection (e)(1) bears to the 
     total number of such individuals in all such States as of 
     June 1, 1997, as determined by the Secretary.
       ``(2) State described.--A State described in this paragraph 
     is a State in which at least 5000 noncitizens received 
     benefits under the Federal program described in subsection 
     (e)(2) in December 1996, according to the census population 
     estimate as of July 1, 1996.
       ``(3) Pro rata reductions.--If the amount appropriated 
     pursuant to subsection (g) is insufficient to pay the total 
     amount of funds required to be paid to a State described in 
     paragraph (2) under this section, then such funds shall be 
     reduced on a pro rata basis.
       ``(4) Redistribution.--
       ``(A) In general.--With respect to any fiscal year, if the 
     Secretary determines (in accordance with subparagraph (B)) 
     that amounts under any grant awarded to a State under this 
     section for such fiscal year will not be used by such State 
     during such fiscal year, the Secretary shall make such 
     amounts available in the subsequent fiscal year to 1 or more 
     States described in paragraph (2) which apply for such funds 
     to the extent the Secretary determines that such States will 
     be able to use such additional amounts for the purpose of 
     providing assistance to an eligible individual, as defined in 
     subsection (e)(1). Such available amounts shall be 
     redistributed among such States in the same manner as funds 
     are distributed under paragraph (1).
       ``(B) Time of determination and distribution.--The 
     determination of the Secretary under subparagraph (A) for a 
     fiscal year shall be made not later than the end of the first 
     quarter of the subsequent fiscal year. The redistribution of 
     amounts under subparagraph (A) shall be made as close as 
     practicable to the date on which such determination is made. 
     Any amount made available to a State from an appropriation 
     for a fiscal year in accordance with this paragraph shall be 
     regarded as part of such State's payment for the fiscal year 
     in which the redistribution is made.
                                                                    ____


                           Amendment No. 125

       At the appropriate place, insert the following:

     SEC.  . AGREEMENTS UNDER THE ENDANGERED SPECIES ACT OF 1973.

       (a) Listing.--Section 4(b)(1) of the Endangered Species Act 
     of 1973 (16 U.S.C. 1533(b)(1)) is amended by adding at the 
     end the following:
       ``(C) Agreements.--In determining whether a species is an 
     endangered species or a threatened species, the Secretary 
     shall take into full consideration any--
       ``(i) conservation agreement;
       ``(ii) pre-listing agreement;
       ``(iii) memorandum of agreement;
       ``(iv) memorandum of understanding; or
       ``(v) any other agreement designated to promote the 
     conservation of any species;

     agreed to by the Secretary and any other Federal agency, 
     State, State agency, political subdivision of a State, or 
     other person, including the reasonably expected future 
     beneficial effects to the species of every provision of the 
     agreement that has been implemented or is reasonably likely 
     to be implemented.''.
       (b) Recovery Plans.--Section 4(f) of the Endangered Species 
     Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the 
     end the following:
       ``(6) Agreements.--The Secretary shall--
       ``(A) give the highest priority to development and 
     implementation of a recovery plan for a species for which the 
     Secretary has entered into a--
       ``(i) conservation agreement;
       ``(ii) pre-listing agreement;
       ``(iii) memorandum of agreement;
       ``(iv) memorandum of understanding; or
       ``(v) any other agreement designed to promote the 
     conservation of any species;

     (whether before or after the listing of the species as 
     endangered or threatened) with any other Federal agency, 
     State, State agency, political subdivision of a State, or 
     other person; and
       ``(B) ensure that the commitments made by the Secretary in 
     the agreement are fulfilled before funds are expended on the 
     development and implementation of any other recovery plan.''.
                                 ______
                                 

                 CONRAD (AND DORGAN) AMENDMENT NO. 126

  (Ordered to lie on the table.)
  Mr. CONRAD (for himself and Mr. Dorgan) submitted an amendment 
intended to be proposed by him to the bill, S. 672, supra; as follows:

       On page 9, between lines 9 and 10, insert the following:
       Sec. 108. (a) The Secretary of Defense, in consultation 
     with the Chairman of the Joint Chiefs of Staff and the 
     National Defense Panel established under section 924 of 
     Public Law 104-201 (110 Stat. 2626), shall take immediate 
     action to ensure that a thorough assessment of the 
     capabilities of all 94 of the B-52H bomber aircraft in active 
     service in fiscal year 1997 is conducted.
       (b) The report required by paragraph (1) of section 924(e) 
     of Public Law 104-201 (110 Stat. 2627) shall include the 
     assessment of capabilities required by subsection (a). The 
     Secretary of Defense shall include the Secretary's views, and 
     the views of the Chairman of the Joint Chiefs of Staff, on 
     the assessment in the submission required by paragraph (2) of 
     that section.
                                 ______
                                 

           COVERDELL (AND FEINSTEIN) AMENDMENTS NOS. 127-128

  (Ordered to lie on the table.)
  Mr. COVERDELL (for himself and Mrs. Feinstein) submitted two 
amendments intended to be proposed by them to the bill, S. 672, supra; 
as follows:

                           Amendment No. 127

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

                    TITLE   --COUNTERDRUG ACTIVITIES

     SEC.   . REPORT ON COOPERATION BETWEEN UNITED STATES AND 
                   MEXICO IN COUNTERDRUG ACTIVITIES.

       Not later than September 1, 1997, the President shall 
     submit to Congress a report describing the following:
       (1) The extent of any significant and demonstrable progress 
     made by the Government of the United States and the 
     Government of Mexico, respectively, during the period 
     beginning on March 1, 1997, and ending on the date of the 
     report in achieving the following objectives relating to 
     counterdrug cooperation:
       (A) The investigation and dismantlement of the principal 
     organizations responsible for drug trafficking and related 
     crimes in both Mexico and the United States, including the 
     prevention and elimination of their activities, the 
     prosecution or extradition and incarceration of their 
     leaders, and the seizure of their assets.
       (B) The development and strengthening of permanent working 
     relationships between the United States and Mexico law 
     enforcement agencies, with particular reference to law 
     enforcement directed against drug trafficking and related 
     crimes, including full funding and deployment of the 
     Binational Border Task Forces as agreed upon by both 
     governments.
       (C) The strengthening of bilateral border enforcement, 
     including more effective screening for and seizure of 
     contraband.
       (D) The denial of safe havens to persons and organizations 
     responsible for drug trafficking and related crimes and the 
     improvement of cooperation on extradition matters between 
     both countries.
       (E) The simplification of evidentiary requirements for 
     narcotics crimes and related crimes and for violence against 
     law enforcement officers.
       (F) The full implementation of effective laws and 
     regulations for banks and other financial institutions to 
     combat money laundering, including the enforcement of 
     penalties for non-compliance by such institutions, and the 
     prosecution of money launderers and seizure of their assets.
       (G) The eradication of crops destined for illicit drug use 
     in Mexico and in the United States in order to minimize and 
     eventually eliminate the production of such crops.
       (H) The establishment and implementation of a comprehensive 
     screening process to assess the suitability and financial and 
     criminal background of all law enforcement and other 
     officials involved in the fight against organized crime, 
     including narcotics trafficking.
       (I) The rendering of support to Mexico in its efforts to 
     identify, remove, and prosecute corrupt officials at all 
     levels of government, including law enforcement and military 
     officials.
       (J) The augmentation and strengthening of bilateral 
     cooperation.
       (2) The extent of any significant and demonstrable progress 
     made by the Government of the United States during the period

[[Page S4023]]

     beginning on March 1, 1997, and ending on the date of the 
     report in--
       (A) implementing a comprehensive anti-drug education effort 
     in the United States targeted at reversing the rise in drug 
     use by America's youth;
       (B) implementing a comprehensive international drug 
     interdiction and enforcement strategy; and
       (C) deploying 1,000 additional active-duty, full-time 
     patrol agents within the Immigration and Naturalization 
     Service in fiscal year 1997 as required by section 101 of 
     division C of the Omnibus Consolidated Appropriations Act, 
     1997 (Public Law 104-208).

     SEC.   . REPORT ON AN ALLIANCE AGAINST NARCOTICS TRAFFICKING 
                   IN THE WESTERN HEMISPHERE.

       (a) Sense of Congress on Discussions for Alliance.--
       (1) Sense of congress.--It is the sense of Congress that 
     the President should discuss with the democratically-elected 
     governments of the Western Hemisphere, during the President's 
     trips in the region in 1997 and through other consultations, 
     the prospect of forming a multilateral alliance to address 
     problems relating to international drug trafficking in the 
     Western Hemisphere.
       (2) Consultations.--In the consultations on the prospect of 
     forming an alliance described in paragraph (1), the President 
     should seek the input of such governments on the possibility 
     of forming one or more structures within the alliance--
       (A) to develop a regional, multilateral strategy to address 
     the threat posed to nations in the Western Hemisphere by drug 
     trafficking; and
       (B) to establish a new mechanism for improving multilateral 
     coordination of drug interdiction and drug-related law 
     enforcement activities in the Western Hemisphere.
       (b) Report.--
       (1) Requirement.--Not later than October 1, 1997, the 
     President shall submit to Congress a report on the proposal 
     discussed under subsection (a). The report shall include the 
     following:
       (A) An analysis of the reactions of the governments 
     concerned to the proposal.
       (B) An assessment of the proposal, including an evaluation 
     of the feasibility and advisability of forming the alliance.
       (C) A determination in light of the analysis and assessment 
     whether or not the formation of the alliance is in the 
     national interests of the United States.
       (D) If the President determines that the formation of the 
     alliance is in the national interests of the United States, a 
     plan for encouraging and facilitating the formation of the 
     alliance.
       (E) If the President determines that the formation of the 
     alliance is not in the national interests of the United 
     States, an alternative proposal to improve significantly 
     efforts against the threats posed by narcotics trafficking in 
     the Western Hemisphere, including an explanation of how the 
     alternative proposal will--
       (i) improve upon current cooperation and coordination of 
     counter-drug efforts among nations in the Western Hemisphere;
       (ii) provide for the allocation of the resources required 
     to make significant progress in disrupting and disbanding the 
     criminal organizations responsible for the trafficking of 
     illegal drugs in the Western Hemisphere; and
       (iii) differ from and improve upon past strategies adopted 
     by the United States Government which have failed to make 
     sufficient progress against the trafficking of illegal drugs 
     in the Western Hemisphere.
       (2) Unclassified form.--The report under paragraph (1) 
     shall be submitted in unclassified form, but may contain a 
     classified annex.
                                                                    ____


                           Amendment No. 128

       At the appropriate place in the bill, add the following:
                   TITLE ____--COUNTERDRUG ACTIVITIES

     SEC. ____. REPORT ON COOPERATION BETWEEN UNITED STATES AND 
                   MEXICO IN COUNTERDRUG ACTIVITIES.

       Not later than September 1, 1997, the President shall 
     submit to Congress a report describing the following:
       (1) The extent of any significant and demonstrable progress 
     made by the Government of the United States and the 
     Government of Mexico, respectively, during the period 
     beginning on March 1, 1997, and ending on the date of the 
     report in achieving the following objectives relating to 
     counterdrug cooperation:
       (A) The investigation and dismantlement of the principal 
     organizations responsible for drug trafficking and related 
     crimes in both Mexico and the United States, including the 
     prevention and elimination of their activities, the 
     prosecution or extradition and incarceration of their 
     leaders, and the seizure of their assets.
       (B) The development and strengthening of permanent working 
     relationships between the United States and Mexico law 
     enforcement agencies, with particular reference to law 
     enforcement directed against drug trafficking and related 
     crimes, including full funding and deployment of the 
     Binational Border Task Forces as agreed upon by both 
     governments.
       (C) The strengthening of bilateral border enforcement, 
     including more effective screening for and seizure of 
     contraband.
       (D) The denial of safe havens to persons and organizations 
     responsible for drug trafficking and related crimes and the 
     improvement of cooperation on extradition matters between 
     both countries.
       (E) The simplification of evidentiary requirements for 
     narcotics crimes and related crimes and for violence against 
     law enforcement officers.
       (F) The full implementation of effective laws and 
     regulations for banks and other financial institutions to 
     combat money laundering, including the enforcement of 
     penalties for non-compliance by such institutions, and the 
     prosecution of money launderers and seizure of their assets.
       (G) The eradication of crops destined for illicit drug use 
     in Mexico and in the United States in order to minimize and 
     eventually eliminate the production of such crops.
       (H) The establishment and implementation of a comprehensive 
     screening process to assess the suitability and financial and 
     criminal background of all law enforcement and other 
     officials involved in the fight against organized crime, 
     including narcotics trafficking.
       (I) The rendering of support to Mexico in its efforts to 
     identify, remove, and prosecute corrupt officials at all 
     levels of government, including law enforcement and military 
     officials.
       (J) The augmentation and strengthening of bilateral 
     cooperation.
       (2) The extent of any significant and demonstrable progress 
     made by the Government of the United States during the period 
     beginning on March 1, 1997, and ending on the date of the 
     report in--
       (A) implementing a comprehensive anti-drug education effort 
     in the United States targeted at reversing the rise in drug 
     use by America's youth;
       (B) implementing a comprehensive international drug 
     interdiction and enforcement strategy; and
       (C) deploying 1,000 additional active-duty, full-time 
     patrol agents within the Immigration and Naturalization 
     Service in fiscal year 1997 as required by section 101 of 
     division C of the Omnibus Consolidated Appropriations Act, 
     1997 (Public Law 104-208).

     SEC. ____. CUSTOMS INSPECTIONS OF CERTAIN CARRIERS.

       (a) Definitions.--In this section:
       (1) Carrier.-- The term ``carrier'' includes every 
     description of carriage or other contrivance used, or capable 
     of being used, as a means of transporting cargo on land, but 
     does not include automobiles or aircraft.
       (2) Hard narcotic.--The term ``hard narcotic'' means--
       (A) a depressant or stimulant substance as defined in 
     section 102(9) of the Controlled Substances Act (21 U.S.C. 
     802(9));
       (B) marihuana as defined in section 102(16) of such Act (21 
     U.S.C. 802(16));
       (C) a narcotic drug as defined in section 102(17) of such 
     Act (21 U.S.C. 802(17)); and
       (D) an immediate precursor to a hard narcotic described in 
     subparagraph (A) or (C), as defined in section 102(23) of 
     such Act (21 U.S.C. 802(23)).
       (3) Person.--The term ``person'' includes partnerships, 
     associations, and corporations.
       (4) Related person.--A person is related to another person 
     if--
       (A) the person bears a relationship to such other person 
     specified in section 267(b) or 707(b)(1) of the Internal 
     Revenue Code of 1986; or
       (B) the person and such other person are engaged in trades 
     or businesses under common control (within the meaning of 
     subsections (a) and (b) of section 52 of the Internal Revenue 
     Code of 1986).

     For purposes of subparagraph (A), ``10 percent'' shall be 
     substituted for ``50 percent'' in applying sections 267(b)(1) 
     and 707(b)(1) of such Code.
       (b) List of Carriers, Shippers, and Importers.--
       (1) In general.--Not later than January 1, 1998, the 
     Secretary of the Treasury shall compile a list of all persons 
     (including all related persons) who are carriers, shippers, 
     or importers and with respect to whom property or funds have 
     been seized by or otherwise forfeited to the United States in 
     connection with hard narcotics-related activity within the 10 
     years preceding publication of the list.
       (2) Updates.--The Secretary of the Treasury shall update 
     the list described in paragraph (1) every 30 days.
       (c) Inspection by Customs.--The Commissioner of Customs 
     shall direct customs officers to conduct inspections of all 
     carriers and cargo entered into the customs territory of the 
     United States if--
       (1) the carrier, shipper, or importer of such cargo is a 
     person who is on the list compiled pursuant to subsection 
     (b); or
       (2) after consultation with the Administrator of the Drug 
     Enforcement, the carrier, shipper, or importer of such cargo 
     is a person whom the Administrator determines warrants 
     inspection.

     SEC. ____. REPORT ON AN ALLIANCE AGAINST NARCOTICS 
                   TRAFFICKING IN THE WESTERN HEMISPHERE.

       (a) Sense of Congress on Discussions for Alliance.--
       (1) Sense of congress.--It is the sense of Congress that 
     the President should discuss with the democratically-elected 
     governments of the Western Hemisphere, during the President's 
     trips in the region in 1997 and through other consultations, 
     the prospect of forming a multilateral alliance to address 
     problems relating to international drug trafficking in the 
     Western Hemisphere.
       (2) Consultations.--In the consultations on the prospect of 
     forming an alliance described in paragraph (1), the President 
     should seek the input of such governments

[[Page S4024]]

     on the possibility of forming one or more structures within 
     the alliance--
       (A) to develop a regional, multilateral strategy to address 
     the threat posed to nations in the Western Hemisphere by drug 
     trafficking; and
       (B) to establish a new mechanism for improving multilateral 
     coordination of drug interdiction and drug-related law 
     enforcement activities in the Western Hemisphere.
       (b) Report.--
       (1) Requirement.--Not later than October 1, 1997, the 
     President shall submit to Congress a report on the proposal 
     discussed under subsection (a). The report shall include the 
     following:
       (A) An analysis of the reactions of the governments 
     concerned to the proposal.
       (B) An assessment of the proposal, including an evaluation 
     of the feasibility and advisability of forming the alliance.
       (C) A determination in light of the analysis and assessment 
     whether or not the formation of the alliance is in the 
     national interests of the United States.
       (D) If the President determines that the formation of the 
     alliance is in the national interests of the United States, a 
     plan for encouraging and facilitating the formation of the 
     alliance.
       (E) If the President determines that the formation of the 
     alliance is not in the national interests of the United 
     States, an alternative proposal to improve significantly 
     efforts against the threats posed by narcotics trafficking in 
     the Western Hemisphere, including an explanation of how the 
     alternative proposal will--
       (i) improve upon current cooperation and coordination of 
     counter-drug efforts among nations in the Western Hemisphere;
       (ii) provide for the allocation of the resources required 
     to make significant progress in disrupting and disbanding the 
     criminal organizations responsible for the trafficking of 
     illegal drugs in the Western Hemisphere; and
       (iii) differ from and improve upon past strategies adopted 
     by the United States Government which have failed to make 
     sufficient progress against the trafficking of illegal drugs 
     in the Western Hemisphere.
       (2) Unclassified form.--The report under paragraph (1) 
     shall be submitted in unclassified form, but may contain a 
     classified annex.
                                 ______
                                 

                   COVERDELL AMENDMENTS NOS. 129-130

  (Ordered to lie on the table.)
  Mr. COVERDELL submitted two amendments intended to be proposed by him 
to the bill, S. 672, supra; as follows:

                           Amendment No. 129

       On page 85, between lines 9 and 10, insert the following:

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. REPORT ON AN ALLIANCE AGAINST NARCOTICS TRAFFICKING 
                   IN THE WESTERN HEMISPHERE.

       (a) Sense of Congress on Discussions for Alliance.--
       (1) Sense of congress.--It is the sense of Congress that 
     the President should discuss with the democratically-elected 
     governments of the Western Hemisphere, during the President's 
     trips in the region in 1997 and through other consultations, 
     the prospect of forming a multilateral alliance to address 
     problems relating to international drug trafficking in the 
     Western Hemisphere.
       (2) Consultations.--In the consultations on the prospect of 
     forming an alliance described in paragraph (1), the President 
     should seek the input of such governments on the possibility 
     of forming one or more structures within the alliance--
       (A) to develop a regional, multilateral strategy to address 
     the threat posed to nations in the Western Hemisphere by drug 
     trafficking; and
       (B) to establish a new mechanism for improving multilateral 
     coordination of drug interdiction and drug-related law 
     enforcement activities in the Western Hemisphere.
       (b) Report.--
       (1) Requirement.--Not later than October 1, 1997, the 
     President shall submit to Congress a report on the proposal 
     discussed under subsection (a). The report shall include the 
     following:
       (A) An analysis of the reactions of the governments 
     concerned to the proposal.
       (B) An assessment of the proposal, including an evaluation 
     of the feasibility and advisability of forming the alliance.
       (C) A determination in light of the analysis and assessment 
     whether or not the formation of the alliance is in the 
     national interests of the United States.
       (D) If the President determines that the formation of the 
     alliance is in the national interests of the United States, a 
     plan for encouraging and facilitating the formation of the 
     alliance.
       (E) If the President determines that the formation of the 
     alliance is not in the national interests of the United 
     States, an alternative proposal to improve significantly 
     efforts against the threats posed by narcotics trafficking in 
     the Western Hemisphere, including an explanation of how the 
     alternative proposal will--
       (i) improve upon current cooperation and coordination of 
     counter-drug efforts among nations in the Western Hemisphere;
       (ii) provide for the allocation of the resources required 
     to make significant progress in disrupting and disbanding the 
     criminal organizations responsible for the trafficking of 
     illegal drugs in the Western Hemisphere; and
       (iii) differ from and improve upon past strategies adopted 
     by the United States Government which have failed to make 
     sufficient progress against the trafficking of illegal drugs 
     in the Western Hemisphere.
       (2) Unclassified form.--The report under paragraph (1) 
     shall be submitted in unclassified form, but may contain a 
     classified annex.
                                                                    ____


                           Amendment No. 130

       On page 66, line 15, replace ``$2,000,000'' with 
     ``$1,600,000''.
                                 ______
                                 

               BIDEN (AND OTHERS) AMENDMENTS NOS. 131-133

  (Ordered to lie on the table.)
  Mr. BIDEN (for himself, Mr. Reid, and Mr. Roth) submitted three 
amendments intended to be proposed by them to the bill, S. 672, supra; 
as follows:

                           Amendment No. 131

       On page 48, strike lines 15 through 23 and insert the 
     following:

     SEC. 306. DELAWARE RIVER BASIN COMMISSION; SUSQUEHANNA RIVER 
                   BASIN COMMISSION.

       (a) Compensation of Alternate Members.--During fiscal year 
     1997 and each fiscal year thereafter, compensation for the 
     alternate members of the Delaware River Basin Commission 
     appointed under the Delaware River Basin Compact (Public Law 
     87-328) and for the alternate members of the Susquehanna 
     River Basin Commission appointed under the Susquehanna River 
     Basin Compact (Public Law 91-575) shall be provided by the 
     Secretary of the Interior.
       (b) Immediate Contribution.--As soon as practicable after 
     the date of enactment of this Act, the Secretary of the 
     Interior shall make a contribution to each of the Delaware 
     River Basin Commission and the Susquehanna River Basin 
     Commission for fiscal year 1997 an amount of funds that bears 
     the same proportion to the amount of funds contributed for 
     fiscal year 1996 as the number of days remaining in fiscal 
     year 1997 as of the date of enactment of this Act bears to 
     the number 365.
                                                                    ____


                           Amendment No. 132

       On page 48, strike lines 15 through 23 and insert the 
     following:

     SEC. 306. DELAWARE RIVER BASIN COMMISSION; SUSQUEHANNA RIVER 
                   BASIN COMMISSION.

       (a) Compensation of Alternate Members.--During fiscal year 
     1997 and each fiscal year thereafter, compensation for the 
     alternate members of the Delaware River Basin Commission 
     appointed under the Delaware River Basin Compact (Public Law 
     87-328) and for the alternate members of the Susquehanna 
     River Basin Commission appointed under the Susquehanna River 
     Basin Compact (Public Law 91-575) shall be provided by the 
     Secretary of the Interior.
                                                                    ____


                           Amendment No. 133

       On page 48, strike lines 15 through 23.
                                 ______
                                 

                        MURRAY AMENDMENT NO. 134

  (Ordered to lie on the table.)
  Mrs. MURRAY submitted an amendment intended to be proposed by her to 
the bill, S. 672, supra; as follows:

       At the appropriate place, insert the following:


 state option to issue food stamp benefits to certain individuals made 
                      ineligible by welfare reform

       Sec.  . Section 7 of the Food Stamp Act of 1977 (7 U.S.C. 
     2016) is amended by--
       (a) inserting in subsection (a) after ``necessary, and'', 
     ``except as provided in subsection (j),'' and
       (b) inserting a new subsection (j) as follows--
       ``(j)(1) A State agency may, with the concurrence of the 
     Secretary, issue coupons to individuals who are ineligible to 
     participate in the food stamp program solely because of the 
     provisions of section 6(o)(2) of this Act or sections 402 and 
     403 of the Personal Responsibility and Work Opportunity Act 
     of 1996. A State agency that issues coupons under this 
     subsection shall pay the Secretary the face value of the 
     coupons issued under this subsection and the cost of 
     printing, shipping, and redeeming the coupons, as well as any 
     other Federal costs involved, as determined by the Secretary. 
     A state agency shall pay the Secretary for coupons issued 
     under this subsection and for the associated Federal costs 
     issued under this subsection no later than the time the State 
     agency issues such coupons to recipients. In making payments, 
     the State agency shall comply with procedures developed by 
     the Secretary. Notwithstanding 31 U.S.C. 3302(b), payments 
     received by the Secretary for such coupons and for the 
     associated Federal costs shall be credited to the food stamp 
     program appropriation account or the account from which such 
     associated costs were drawn, as appropriate, for the fiscal 
     year in which the payment is received. The State agency shall 
     comply with reporting requirements established by the 
     Secretary.
       ``(2) A State agency that issues coupons under this 
     subsection shall submit a plan, subject to the approval of 
     the Secretary, describing the conditions under which coupons 
     will be issued, including, but not limited to,

[[Page S4025]]

     eligibility standards, benefit levels, and the methodology 
     the State will use to determine amounts owed the Secretary.
       ``(3) A State agency shall not issue benefits under this 
     subsection--
       ``(A) to individuals who have been made ineligible under 
     any provision of section 6 of this Act other than section 
     6(o)(2); or
       ``(B) in any area of the State where an electronic benefit 
     transfer system has been implemented.
       ``(4) The value of coupons provided under this subsection 
     shall not be considered income or resources for any purpose 
     under any Federal laws, including, but not limited to, laws 
     relating to taxation, welfare, and public assistance 
     programs.
       ``(5) Any sanction, disqualification, fine or other penalty 
     prescribed in Federal law, including, but not limited to, 
     sections 12 and 15 of this Act, shall apply to violations in 
     connection with any coupon or coupons issued pursuant to this 
     subsection.
       ``(6) Administrative and other costs associated with the 
     provision of coupons under this subsection shall not be 
     eligible for reimbursement or any other form of Federal 
     funding under section 16 or any other provision of this Act.
       ``(7) That portion of a household's allotment issued 
     pursuant to this subsection shall be excluded from any sample 
     taken for purposes of making any determination under the 
     system of enhanced payment accuracy established in section 
     16(c).''.


                          conforming amendment

       Sec.  . Section 17(b)(I)(R)(iv) of the Food Stamp Act of 
     1977 is amended by--
       (a) striking ``or'' in subclause (V);
       (b) striking the period at the end of subclause (VI) and 
     inserting ``; or''; and
       (c) inserting a new subclause (VII) as follows--
       ``(VII) waives a provision of section 7(j).''.
                                 ______
                                 

                        DeWINE AMENDMENT NO. 135

  (Ordered to lie on the table.)
  Mr. DeWINE submitted an amendment intended to be proposed by him to 
the bill, S. 672, supra; as follows:

       On page 34, between lines 2 and 3, insert the following:

               Animal and Plant Health Inspection Service


                       Animal Damage Control Unit

       For an additional amount for the eradication of rabies in 
     the State of Ohio, $1,000,000.
                                 ______
                                 

                        McCAIN AMENDMENT NO. 136

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
the bill, S. 672, supra; as follows:

       On page 39, line 23, strike ``shall'' and insert ``may''.
       On page 40, line 1, strike ``shall'' and insert ``may''.
       On page 40, line 3, strike ``shall'' and insert ``may''.
       On page 40, line 7, strike ``shall'' and insert ``may''.
       On page 40, line 16, strike ``shall'' and insert ``may''.
       On page 40, line 19, strike ``shall'' and insert ``may''.
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 137

  (Ordered to lie on the table.)
  Mr. COVERDELL submitted an amendment intended to be proposed by him 
to the bill, S. 672, supra; as follows:

       On page 85, between lines 9 and 10, insert the following:

                  TITLE VIII--SAVANNAH RIVER DEEPENING

     SEC. 801. SAVANNAH RIVER DEEPENING.

       Nothwithstanding section 203 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2231), the Secretary of 
     the Army shall use amounts made available for fiscal year 
     1998 for the Federal share of the costs of the feasibility 
     study for the project for deepening of the Savannah River, 
     Georgia, to reimburse the State of Georgia for amounts 
     expended by the State to carry out the study at such time as 
     the Secretary of the Army approves the feasibility report.
                                 ______
                                 

                   KEMPTHORNE AMENDMENTS NOS. 138-139

  (Ordered to lie on the table.)
  Mr. KEMPTHORNE submitted two amendments intended to be proposed by 
him to the bill, S. 672, supra; as follows:

                           Amendment No. 138

       At the appropriate place, insert the following:
       ``(a) Consultation or Conferencing.--Consultation or 
     conferencing shall not be required under section 7(a)(2) or 
     section 7(a)(4) of the Endangered Species Act of 1973 (16 
     U.S.C. 1536(a)) for any action authorized, funded, or carried 
     out by any Federal agency to repair a Federal or non-Federal 
     flood control project, facility or structure, if the Federal 
     agency authorizing, funding or carrying out the action 
     determines that the repair is needed to address an imminent 
     threat to public health or safety that has resulted, or that 
     may result, from a catastrophic natural event in 1996 or 
     1997. For purposes of this section, the term repair shall 
     include preventive measures to anticipate the impact of a 
     catastrophic event and remedial measures to restore the 
     project, facility, or structure to a condition that will 
     provide for public health and safety.
       ``(b) Mitigation.--In the event that the Secretary 
     determines that an action to repair a flood control project, 
     facility or structure under subsection (a) will result in the 
     incidental take of an endangered species of fish or wildlife 
     otherwise prohibited under section 9 of the Endangered 
     Species Act, or a threatened species to which the incidental 
     take prohibition of section 9 has been applied by regulation, 
     the Secretary may propose reasonable and prudent measures to 
     mitigate the impact of the action on the species. Any 
     reasonable and prudent measures proposed under this 
     subsection shall be related both in nature and in extent to 
     the effect of the action taken to repair the flood control 
     project, facility or structure. The costs of such reasonable 
     and prudent measures shall be borne by the Federal agency 
     authorizing, funding or carrying out the action.''
                                                                    ____


                           Amendment No. 139

       At the appropriate place, insert the following:
       ``(a) Consultation or Conferencing.--Consultation or 
     conferencing under section 7(a)(2) or section 7(a)(4) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)) for any 
     action authorized, funded, or carried out by any Federal 
     agency to repair a Federal or non-Federal flood control 
     project, facility or structure, may be deferred until after 
     the completion of the action if the Federal agency 
     authorizing, funding or carrying out the action determines 
     that the repair is needed to address an imminent threat to 
     public health or safety that has resulted, or that may 
     result, from a catastrophic natural event in 1996 or 1997. 
     For purposes of this section, the term repair shall include 
     preventive measures to anticipate the impact of a 
     catastrophic event and remedial measures to restore the 
     project, facility, or structure to a condition that will 
     prevent an imminent threat to public health or safety.
       ``(b) Mitigation.--Any reasonable and prudent measures 
     proposed under section 7 of the Endangered Species Act to 
     mitigate the impact of an action taken under this section on 
     an endangered species, or a threatened species to which the 
     incidental take prohibition of Section 9 has been applied by 
     regulation, shall be related both in nature and in extent to 
     the effect of the action taken to repair the flood control 
     project, facility or structure. The costs of such reasonable 
     and prudent measures shall be borne by the Federal agency 
     authorizing, funding or carrying out the action.''
                                 ______
                                 

                         BYRD AMENDMENT NO. 140

  (Ordered to lie on the table.)
  Mr. BYRD submitted an amendment intended to be proposed by him to the 
bill, S. 672, supra; as follows:

       On page 28, line 8, strike the words ``in the Northern 
     Plains states'' and insert ``in September 1996, and ''.
                                 ______
                                 

                         FORD AMENDMENT NO. 141

  (Ordered to lie on the table.)
  Mr. FORD submitted an amendment intended to be proposed by him to the 
bill, S. 672, supra; as follows:

       On page 9, between lines 9 and 10, insert the following:

     SEC. 108. AUTHORITY OF SECRETARY OF DEFENSE TO ENTER INTO 
                   LEASE OF BUILDING NO. 1, LEXINGTON BLUE GRASS 
                   STATION, LEXINGTON, KENTUCKY.

       (a) Authority To Enter Into Lease.--Notwithstanding any 
     other provision of law, the Secretary of Defense may enter 
     into an agreement for the lease of Building No. 1, Lexington 
     Blue Grass Station, Lexington, Kentucky, and any real 
     property associated with the building, for purposes of the 
     use of the building by the Defense Finance and Accounting 
     Service. The agreement shall meet the requirements of this 
     section.
       (b) Term.--(1) The agreement under this section shall 
     provide for a lease term of not to exceed 50 years, but may 
     provide for one or more options to renew or extend the term 
     of the lease.
       (2) The agreement shall include a provision specifying 
     that, if the Secretary ceases to require the leased building 
     for purpose of the use of the building by the Defense Finance 
     and Accounting Service before the expiration of the term of 
     the lease (including any extension or renewal of the term 
     under an option provided for in paragraph (1)), the remainder 
     of the lease term may, upon the approval of the lessor of the 
     building, be satisfied by the Secretary or another department 
     or agency of the Federal Government (including a military 
     department) for another purpose similar to such purpose.
       (c) Consideration.--(1) The agreement under this section 
     may not require rental payments by the United States under 
     the lease under the agreement.
       (2) The Secretary or other lessee, if any, under subsection 
     (b)(2) shall be responsible under the agreement for payment 
     of any utilities associated with the lease of the building 
     covered by the agreement and for maintenance and repair of 
     the building.
       (d) Improvement.--The agreement under this section may 
     provide for the improvement of the building covered by the 
     agreement by the Secretary or other lessee, if any, under 
     subsection (b)(2).

[[Page S4026]]

       (e) Limitation on Certain Activities.--The Secretary may 
     not pay the costs of any utilities, maintenance and repair, 
     or improvements under this lease under this section in any 
     fiscal year unless funds are appropriated or otherwise made 
     available for the Department of Defense for such payment in 
     the such fiscal year.
                                 ______
                                 

                HOLLINGS (AND OTHERS) AMENDMENT NO. 142

  (Ordered to lie on the table.)
  Mr. HOLLINGS (for himself, Mr. Inouye, and Mr. Dorgan) submitted an 
amendment intended to be proposed by them to the bill, S. 672, supra; 
as follows:

       At the appropriate place, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Children's Protection from 
     Violent Programming Act''.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) Television influences children's perception of the 
     values and behavior that are common and acceptable in 
     society.
       (2) Broadcast television, cable television, and video 
     programming are--
       (A) uniquely pervasive presences in the lives of all 
     American children; and
       (B) are readily accessible to all American children.
       (3) Violent video programming influences children, as does 
     indecent programming.
       (4) There is empirical evidence that children exposed to 
     violent video programming at a young age have a higher 
     tendency to engage in violent and aggressive behavior later 
     in life than those children not so exposed.
       (5) Children exposed to violent video programming are prone 
     to assume that acts of violence are acceptable behavior and 
     therefore to imitate such behavior.
       (6) Children exposed to violent video programming have an 
     increased fear of becoming a victim of violence, resulting in 
     increased self-protective behaviors and increased mistrust of 
     others.
       (7) There is a compelling governmental interest in limiting 
     the negative influences of violent video programming on 
     children.
       (8) There is a compelling governmental interest in 
     channeling programming with violent content to periods of the 
     day when children are not likely to comprise a substantial 
     portion of the television audience.
       (9) Age-based ratings systems do not allow parents to block 
     programming based solely on violent content thereby rendering 
     ineffective any technology-based blocking mechanism designed 
     to limit violent video programming.
       (10) If programming is not rated specifically for violent 
     content and therefore cannot be blocked solely on the basis 
     of its violent content, then restricting the hours when 
     violent video programming is shown is the least restrictive 
     and most narrowly tailored means to achieve a compelling 
     governmental interest.
       (11) Studies show that warning labels based on age 
     restrictions tend to encourage children's desire to watch 
     restricted programming.
       (12) Technology-based solutions may be helpful in 
     protecting some children, but may not be effective in 
     achieving the compelling governmental interest in protecting 
     all children from violent programming when parents are only 
     able to block programming based on the age of the child and 
     not on the violent content of the programming.
       (13) Absent the ability to block programming based 
     specifically on the violent content of the programming, the 
     channeling of violent programming is the least restrictive 
     means to limit unsupervised children from the harmful 
     influences of violent programming.
       (14) Restricting the hours when violent programming can be 
     shown protects the interests of children whose parents are 
     unavailable, unable to supervise their children's viewing 
     behavior, do not have the benefit of technology-based 
     solutions, or unable to afford the costs of technology-based 
     solutions.

     SEC. 3. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING.

       Title VII of the Communications Act of 1934 (47 U.S.C. 701 
     et seq.) is amended by adding at the end the following:

     ``SEC. 718. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO 
                   PROGRAMMING NOT SPECIFICALLY BLOCKABLE BY 
                   ELECTRONIC MEANS.

       ``(a) Unlawful Distribution.--It shall be unlawful for any 
     person to distribute to the public any violent video 
     programming not blockable by electronic means specifically on 
     the basis of its violent content during hours when children 
     are reasonably likely to comprise a substantial portion of 
     the audience.
       ``(b) Rulemaking Proceeding.--The Commission shall conduct 
     a rulemaking proceeding to implement the provisions of this 
     section and shall promulgate final regulations pursuant to 
     that proceeding not later than 9 months after the date of 
     enactment of the Children's Protection from Violent 
     Programming Act. As part of that proceeding, the Commission--
       ``(1) may exempt from the prohibition under subsection (a) 
     programming (including new programs and sporting events) 
     whose distribution does not conflict with the objective of 
     protecting children from the negative influences of violent 
     video programming, as that objective is reflected in the 
     findings in section 551(a) of the Telecommunications Act of 
     1996;
       ``(2) shall exempt premium and pay-per-view cable 
     programming; and
       ``(3) shall define the term `hours when children are 
     reasonably likely to comprise a substantial portion of the 
     audience' and the term `violent video programming'.
       ``(c) Repeat Violations.--If a person repeatedly violates 
     this section or any regulation promulgated under this 
     section, the Commission shall, after notice and opportunity 
     for hearing, immediately revoke any license issued to that 
     person under this Act.
       ``(d) Consideration Of Violations In License Renewals.--The 
     Commission shall consider, among the elements in its review 
     of an application for renewal of a license under this Act, 
     whether the licensee has complied with this section and the 
     regulations promulgated under this section.
       ``(e) Definitions.--For purposes of this section--
       ``(1) Blockable by electronic means.--The term `blockable 
     by electronic means' means blockable by the feature described 
     in section 303(x).
       ``(2) Distribute.--The term `distribute' means to send, 
     transmit, retransmit, telecast, broadcast, or cablecast, 
     including by wire, microwave, or satellite.''.

     SEC. 4. ASSESSMENT OF EFFECTIVENESS.

       (a) Report.--The Federal Communications Commission shall--
       (1) assess the effectiveness of measures undertaken under 
     section 718 of the Communications Act of 1934 (47 U.S.C. 718) 
     and under subsections (w) and (x) of section 303 of that Act 
     (47 U.S.C. 303(w) and (x)) in accomplishing the purposes for 
     which they were enacted; and
       (2) report its findings to the Committee on Commerce, 
     Science, and Transportation of the United States Senate and 
     the Committee on Commerce of the United States House of 
     Representatives,

     within 18 months after the date on which the regulations 
     promulgated under section 718 of the Communications Act of 
     1934 (as added by section 2 of this Act) take effect, and 
     thereafter as part of the biennial review of regulations 
     required by section 11 of that Act (47 U.S.C. 161).
       (b) Action.--If the Commission finds at any time, as a 
     result of its assessment under subsection (a), that the 
     measures referred to in subsection (a)(1) are insufficiently 
     effective, then the Commission shall initiate a rulemaking 
     proceeding to prohibit the distribution of violent video 
     programming during the hours when children are reasonably 
     likely to comprise a substantial portion of the audience.
       (c) Definitions.--Any term used in this section that is 
     defined in section 718 of the Communications Act of 1934 (47 
     U.S.C. 718), or in regulations under that section, has the 
     meaning as when used in that section or in those regulations.

     SEC. 5. SEPARABILITY.

       If any provision of this Act, or any provision of an 
     amendment made by this Act, or the application thereof to 
     particular persons or circumstances, is found to be 
     unconstitutional, the remainder of this Act or that 
     amendment, or the application thereof to other persons or 
     circumstances shall not be affected.

     SEC. 6. EFFECTIVE DATE.

       The prohibition contained in section 718 of the 
     Communications Act of 1934 (as added by section 2 of this 
     Act) and the regulations promulgated thereunder shall take 
     effect 1 year after the regulations are adopted by the 
     Commission.
                                 ______
                                 

                  REID (AND STEVENS) AMENDMENT NO. 143

  Mr. STEVENS (for Mr. Reid for himself and Mr. Stevens) proposed an 
amendment to the bill, S. 672, supra; as follows:

       On page 18, line 15, following ``fund:'' insert the 
     following: ``Provided, That the Secretary of the Army is 
     directed to use from available balances of the funds 
     appropriated herein to perform such emergency dredging and 
     snagging and clearing of the Truckee River, Nevada, and the 
     San Joaquin River channel, California, as the Secretary 
     determines to be necessary as the result of the January 1997 
     flooding in Nevada and California; and dredging of shoaling 
     which has occurred downstream from the Federal Chena River 
     Flood Control Facility:''.
                                 ______
                                 

                DOMENICI (AND OTHERS) AMENDMENT NO. 144

  (Ordered to lie on the table.)
  Mr. DOMENICI (for himself, Mr. Bingaman, Mr. Brownback, and Mr. 
Roberts) submitted an amendment intended to be proposed by them to the 
bill, S. 672, supra; as follows:

       At the appropriate place, add the following:

     SEC.   . TECHNICAL AMENDMENTS RELATING TO DISCLOSURES 
                   REQUIRED WITH RESPECT TO GRADUATION RATES.

       (a) Amendments.--Section 485 of the Higher Education Act of 
     1965 (20 U.S.C. 1092) is amended--
       (1) in subsection (a)(3)(B), by striking ``June 30'' and 
     inserting ``August 31''; and
       (2) in subsection (e)(9), by striking ``August 30'' and 
     inserting ``August 31''.

[[Page S4027]]

       (b) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by subsection (a) are effective upon 
     enactment.
       (2) Information dissemination.--No institution shall be 
     required to comply with the amendment made by subsection 
     (a)(1) before July 1, 1998.

     SEC.   . DATE EXTENSION.

       Section 1501(a)(4) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6491(a)(4)) is amended by 
     striking ``January 1, 1998'' and inserting ``January 1, 
     1999''.

     SEC.   . TIMELY FILING OF NOTICE.

       Notwithstanding any other provision of law, the Secretary 
     of Education shall deem Kansas and New Mexico to have timely 
     submitted under section 8009(c)(1) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7709(c)(1)) the 
     States' written notices of intent to consider payments 
     described in section 8009(b)(1) of the Act (20 U.S.C. 
     7709(b)(1)) in providing State aid to local educational 
     agencies for school year 1997-1998, except that the Secretary 
     may require the States to submit such additional information 
     as the Secretary may require, which information shall be 
     considered part of the notices.

     SEC.   . HOLD HARMLESS PAYMENTS.

       Section 8002(h)(1) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7702(h)(1)) is amended--
       (1) in subparagraph (A), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) for fiscal year 1997 and each succeeding fiscal year 
     through fiscal year 2000 shall not be less than 85 percent of 
     the amount such agency received for fiscal year 1996 under 
     subsection (b).''.

     SEC.   . DATA.

       (a) In General.--Section 8003(f)(4) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7703(f)(4)) is 
     amended--
       (1) in subparagraph (A)--
       (A) by inserting ``expenditure,'' after ``revenue,''; and
       (B) by striking the semicolon and inserting a period;
       (2) by striking ``the Secretary'' and all that follows 
     through ``shall use'' and inserting ``the Secretary shall 
     use''; and
       (3) by striking subparagraph (B).
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to fiscal years after fiscal year 
     1997.
                                 ______
                                 

                 STEVENS (AND OTHERS) AMENDMENT NO. 145

  (Ordered to lie on the table.)
  Mr. STEVENS (for himself, Mr. Chafee, Mr. D'Amato, Mr. DeWine, and 
Mr. Specter) submitted an amendment intended to be proposed by them to 
the bill, S. 672, supra; as follows:

       On page 44, strike all after line 19, through line 2 on 
     page 45, and insert in lieu thereof the following:


                  ``JOB OPPORTUNITIES AND BASIC SKILLS

                              (RESCISSION)

       Of the funds made available under this heading in Public 
     Law 104-208, there is rescinded an amount equal to the total 
     of the funds within each State's limitation for fiscal year 
     1997 that are not necessary to pay such State's allowable 
     claims for such fiscal year.
       Section 403(k)(3)(F) of the Social Security Act (as in 
     effect on October 1, 1996) is amended by adding after the 
     ``,'' the following: ``reduced by an amount equal to the 
     total of those funds that are within each State's limitation 
     for fiscal year 1997 that are not necessary to pay such 
     State's allowable claims for such fiscal year (except that 
     such amount for such year shall be deemed to be 
     $1,000,000,000 for the purpose of determining the amount of 
     the payment under subsection (1) to which each State is 
     entitled),''.''
       On page 46, after line 25, insert the following:
       ``Public Law 104-208, under the heading titled ``Education 
     For the Disadvantaged'' is amended by striking 
     ``$1,298,386,000'' and inserting ``$713,386,000'' in lieu 
     thereof.''
       On page 75, strike all after line 10 through line 22 on 
     page 80, and insert in lieu thereof the following:

           ``TITLE VI--SUPPLEMENTAL SECURITY INCOME AMENDMENT

     ``SEC. 601. EXTENSION OF SSI REDETERMINATION PROVISIONS.

       (A) In General--Section 402(a)(2)(D) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612(a)(2)(D) is amended--
       (1) in clause (i)--
       (A) in subclause (I), by striking ``the date which is 1 
     year after such date of enactment'' and inserting in lieu 
     thereof ``September 30, 1997''; and
       (B) in subclause (III), by striking ``the date of the 
     redetermination with respect to such individual'' and 
     inserting in lieu thereof ``September 30, 1997''; and
       (b) Effective Date.--Subsection (a) takes effect as if 
     included in the enactment of section 402 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612).''
                                 ______
                                 

                       SANTORUM AMENDMENT NO. 146

  (Ordered to lie on the table.)
  Mr. SANTORUM submitted an amendment intended to be proposed by him to 
the bill, S. 672, supra; as follows:

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

       The Senate shall find sufficient funding reductions to 
     offset the costs of providing any federal disaster 
     assistance.
                                 ______
                                 

              DORGAN (AND OTHERS) AMENDMENTS NOS. 147-148

  (Ordered to lie on the table.)
  Mr. DORGAN (for himself, Mr. Grams, Mr. Conrad, Mr. Wellstone, Mr. 
Daschle, and Mr. Johnson) submitted two amendments intended to be 
proposed by them to the bill, S. 672, supra; as follows:

                           Amendment No. 147

       On page 30, line 11, strike ``$100,000,000'' and insert 
     ``$400,000,000''.
       On page 72, line 10, strike ``$3,650,000,000'' and insert 
     ``$3,950,000,000''.
       On page 72, line 13, strike ``$5,800,000,000'' and insert 
     ``$6,100,000,000''.
       On page 72, line 13, strike ``$5,800,000,000'' and insert 
     ``$6,200,000,000''.
                                                                    ____


                           Amendment No. 148

       On page 16, line 20, strike ``$54,700,000'' and insert 
     ``$154,700,000''.
       On page 30, line 11, strike ``$100,000,000'' and insert 
     ``$400,000,000''.
       On page 72, line 10, strike ``$3,650,000,000'' and insert 
     ``$4,050,000,000''.
                                 ______
                                 

                     DORGAN AMENDMENTS NOS. 149-151

  (Ordered to lie on the table.)
  Mr. DORGAN submitted three amendments intended to be proposed by him 
to the bill, S. 672, supra, as follows:

                           Amendment No. 149

       On page 30, line 11, strike ``$100,000,000'' and insert 
     ``$400,000,000''.
       On page 31, line 13, strike ``$3,500,000,000'' and insert 
     ``$3,200,000,000''.
       On page 31, line 17, strike ``$2,500,000,000'' and insert 
     ``$2,200,000,000''.
                                                                    ____


                           Amendment No. 150

       On page 30, line 11, strike 1``$100,000,000'' and insert 
     ``$400,000,000''.
       On page 72, line 10, strike ``$3,650,000,000'' and insert 
     ``$3,950,000,000''.
       On page 72, line 18, strike ``$2,150,000,000'' and insert 
     ``$1,850,000,000''.
                                                                    ____


                           Amendment No. 151

       At the appropriate place, insert the following:

     SEC.   . EMERGENCY USE OF CHILD CARE FUNDS.

       (a) In General.--Notwithstanding any other provision of 
     law, during the period beginning on April 30, 1997, and 
     ending on July 30, 1997, the Governors of the States 
     described in paragraph (1) of subsection (b) may, subject to 
     subsection (c), use amounts received for the provision of 
     child care assistance or services under the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9801 et seq.) 
     and under part A of title IV of the Social Security Act (42 
     U.S.C. 601 et seq.) to provide emergency child care services 
     to individuals described in paragraph (2) of subsection (b).
       (b) Eligibility.--
       (1) Of states.--A State described in this paragraph is a 
     State in which the President, pursuant to section 401 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121), has determined that a major disaster 
     exists, or that an area within the State is determined to be 
     eligible for disaster relief under other Federal law by 
     reason of damage related to flooding in 1997.
       (2) Of individuals.--An individual described in this 
     subsection is an individual who--
       (A) resides within any area in which the President, 
     pursuant to section 401 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121), has 
     determined that a major disaster exists, or within an area 
     determined to be eligible for disaster relief under other 
     Federal law by reason of damage related to flooding in 1997; 
     and
       (B) is involved in unpaid work activities (including the 
     cleaning, repair, restoration, and rebuilding of homes, 
     businesses, and schools) resulting from the flood emergency 
     described in subparagraph (A).
       (c) Limitations.--
       (1) Requirements.--With respect to assistance provided to 
     individuals under this section, the quality, certification 
     and licensure, health and safety, nondiscrimination, and 
     other requirements applicable under the Federal programs 
     referred to in subsection (a) shall apply to child care 
     provided or obtained under this section.
       (2) Amount of funds.--The total amount utilized by each of 
     the States under subsection (a) during the period referred to 
     in such subsection shall not exceed the total amount of such 
     assistance that, notwithstanding the enactment of this 
     section, would otherwise have been expended by each such 
     State in the affected region during such period.
       (d) Priority.--In making assistance available under this 
     section, the Governors described in subsection (a) shall give 
     priority

[[Page S4028]]

     to eligible individuals who do not have access to income, 
     assets, or resources as a direct result of the flooding 
     referred to in subsection (b)(2)(A).
                                 ______
                                 

              DORGAN (AND OTHERS) AMENDMENTS NOS. 152-153

  (Ordered to lie on the table.)
  Mr. DORGAN (for himself, Mr. Daschle, Mr. Johnson, and Mr. Conrad) 
submitted two amendments intended to be proposed by them to the bill, 
S. 672, supra; as follows:

                           Amendment No. 152

       At the appropriate place, insert the following:

     SEC.   . NONAPPLICABILITY TO EMERGENCY LOANS OF PROHIBITION 
                   ON LOANS FOR BORROWERS THAT HAVE RECEIVED DEBT 
                   FORGIVENESS.

       Section 373(b)(1) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 2008h(b)(1)) is amended by 
     inserting after ``loan under this title'' the following: 
     ``(other than subtitle C)''.
                                                                    ____


                           Amendment No. 153

       On page 10, between lines 10 and 11, insert the following:
       For guaranteed loans made to federally recognized Indian 
     tribes under the business and industrial loan program 
     established under section 310B of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1932) for the replacement of 
     livestock lost during storms occurring during the winter 
     season of 1995 and 1996 and the winter season of 1996 and 
     1997:
       (1) For additional gross obligations for the principal 
     amount of the guaranteed loans, to be available from funds in 
     the Agricultural Credit Insurance Fund, $50,000,000.
       (2) For the additional cost of the guaranteed loans 
     (including the cost of modifying loans (as defined in section 
     502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 
     661a)), $465,000.

                       Food and Consumer Service


                   emergency food assistance program

       Notwithstanding section 27(a) of the Food Stamp Act of 1977 
     (7 U.S.C. 2036(a)), the amount available for allocation under 
     that section for fiscal year 1997 shall be $99,535,000.
                                 ______
                                 

                        DORGAN AMENDMENT NO. 154

  (Ordered to lie on the table.)
  Mr. DORGAN submitted an amendment intended to be proposed by him to 
the bill, S. 672, supra; as follows:

       On page 85, after line 11, add the following:

TITLE VIII--ABATEMENT OF INTEREST ON UNDERPAYMENTS BY CERTAIN TAXPAYERS

     SEC. 801. ABATEMENT OF INTEREST ON UNDERPAYMENTS BY TAXPAYERS 
                   IN PRESIDENTIALLY DECLARED DISASTER AREAS.

       (a) In General.--Section 6404 of the Internal Revenue Code 
     of 1986 (relating to abatements) is amended by adding at the 
     end the following:
       ``(h) Abatement of Interest on Underpayments by Taxpayers 
     in Presidentially Declared Disaster Areas.--
       ``(1) In general.--If the Secretary extends for any period 
     the time for filing income tax returns under section 6081 and 
     the time for paying income tax with respect to such returns 
     under section 6161 for any taxpayer located in a 
     Presidentially declared disaster area, the Secretary shall 
     abate for such period the assessment of any interest 
     prescribed under section 6601 on such income tax.
       ``(2) Presidentially declared disaster area.--For purposes 
     of paragraph (1), the term `Presidentially declared disaster 
     area' means, with respect to any taxpayer, any area which the 
     President has determined warrants assistance by the Federal 
     Government under the Disaster Relief and Emergency Assistance 
     Act.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to disasters declared after December 31, 1996.
                                 ______
                                 

              CONRAD (AND OTHERS) AMENDMENTS NOS. 155-157

  (Ordered to lie on the table.)
  Mr. CONRAD (for himself, Mr. Grams, Mr. Dorgan, Mr. Daschle, Mr. 
Wellstone, and Mr. Johnson) submitted three amendments intended to be 
proposed by them to the bill, S. 672, supra; as follows:

                           Amendment No. 155

       On page 16, line 20, strike ``$54,700,000'' and insert 
     ``$154,700,000''.
       On page 30, line 11, strike ``$100,000,000'' and insert 
     ``$400,000,000''.
       On page 31, line 13, strike ``$3,500,000,000'' and insert 
     ``$3,100,000,000''.
       On page 31, line 17, strike ``$2,500,000,000'' and insert 
     ``$2,100,000,000''.
                                                                    ____


                           Amendment No. 156

       On page 16, line 20, strike ``$54,700,000'' and insert 
     ``$154,700,000''.
       On page 31, line 13, strike ``$3,500,000,000'' and insert 
     ``$3,400,000,000''.
       On page 31, line 17, strike ``$2,500,000,000'' and insert 
     ``$2,400,000,000''.
                                                                    ____


                           Amendment No. 157

       On page 16, line 20, strike ``$54,700,000'' and insert 
     ``$154,700,000''.
       On page 72, line 10, strike ``$3,650,000,000'' and insert 
     ``$3,750,000,000''.
       On page 72, line 13, strike ``$5,800,000,000'' and insert 
     ``$5,900,000,000''.
                                 ______
                                 

              CONRAD (AND DORGAN) AMENDMENTS NOS. 158-159

  (Ordered to lie on the table.)
  Mr. CONRAD (for himself and Mr. Dorgan) submitted two amendments 
intended to be proposed by him to the bill, S. 672, supra; as follows:

                           Amendment No. 158

       On page 45, between lines 7 and 8, insert the following:
       For an additional amount under the heading ``children and 
     families services programs (including rescissions)'', 
     $10,000,000, which shall be for making payments under the 
     Community Services Block Grant Act (42 U.S.C. 9901 et seq.) 
     to pay for emergency expenses resulting from the flooding in 
     the upper Midwest and other natural disasters in fiscal year 
     1997, to remain available until expended: Provided, That such 
     amount is designated by Congress as an emergency requirement 
     pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985: Provided further, 
     That the $3,500,000,000 and $2,500,000,000 amounts under the 
     heading ``disaster relief'' under the heading ``Federal 
     Emergency Management Agency'' under the heading ``INDEPENDENT 
     AGENCY'' in chapter 6 of title II of this Act shall each be 
     reduced by $10,000,000.
                                                                    ____


                           Amendment No. 159

       At the appropriate place, insert the following:

     SEC.   . FLOOD INSURANCE.

       Section 1306(c)(1) of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4013(c)(1)) is amended by striking ``30'' and 
     inserting ``15''.
                                 ______
                                 

                 CONRAD (AND OTHERS) AMENDMENT NO. 160

  (Ordered to lie on the table.)
  Mr. CONRAD (for himself, Mr. Dorgan, and Mr. Johnson) submitted an 
amendment intended to be proposed by him to the bill, S. 672, supra; as 
follows:

       On page 13, line 15, strike ``$10,000,000'' and insert 
     ``$20,000,000''.
                                 ______
                                 

                 CONRAD (AND OTHERS) AMENDMENT NO. 161

  (Ordered to lie on the table.)
  Mr. CONRAD (for himself, Mr. Daschle, Mr. Dorgan, Mr. Wellstone, Mr. 
Johnson, and Mr. Grams) submitted an amendment intended to be proposed 
by them to the bill, S. 672, supra; as follows:

       At the appropriate place, insert the following:

     SECTION 1. ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN CASES 
                   OF CERTAIN DISASTERS.

       The Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding 
     at the end the following:
  ``TITLE VIII--ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN CASES OF 
                           CERTAIN DISASTERS

     ``SEC. 801. ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN 
                   CASES OF CERTAIN DISASTERS.

       ``(a) Assistance.--
       ``(1) Authority.--The Director of the Federal Emergency 
     Management Agency may provide the assistance described in 
     paragraph (2) in any case in which the Director determines 
     with respect to any local educational agency (including for 
     the purpose of this section any other public agency which 
     operates schools providing technical, vocational, or other 
     special education to children of elementary school or 
     secondary school age) that--
       ``(A) the agency serves in whole or in part an area with 
     respect to which a major disaster has been declared by the 
     President under section 401;
       ``(B) the Governor of the State in which the agency is 
     located has certified the need for disaster assistance under 
     this section, and has given assurance of expenditure of a 
     reasonable amount of the funds of the government of the 
     State, or of any political subdivision thereof, for the same 
     or similar purposes with respect to the disaster;
       ``(C) the agency is utilizing or will utilize all State and 
     other financial assistance available to the agency for the 
     purpose of meeting the cost of providing free public 
     education for the children attending the schools of the 
     agency, but as a result of the disaster the agency is unable 
     to obtain sufficient funds for such purpose and requires an 
     amount of additional assistance equal to at least $10,000 or 
     5 percent of the agency's current expenditures during the 
     fiscal year preceding the fiscal year in which the disaster 
     occurred, whichever is less; and
       ``(D) in the case of any such disaster to the extent that 
     the operation of private elementary schools and secondary 
     schools in the school attendance area of such local 
     educational agency has been disrupted or impaired by the 
     disaster, the local educational

[[Page S4029]]

     agency has made provisions for the conduct of educational 
     programs under public auspices and administration in which 
     children enrolled in the private elementary schools and 
     secondary schools may attend and participate, except that 
     nothing contained in this section shall be construed to 
     authorize the making of any payment under this section for 
     religious worship or instruction.
       ``(2) Assistance.--The assistance referred to in paragraph 
     (1) is the assistance the Director determines necessary to 
     pay the costs of emergency operating expenses incurred by the 
     local educational agency in educating students in public and 
     private elementary schools and secondary schools who have 
     been displaced by the disaster, including--
       ``(A) providing transportation costs for busing students to 
     alternative sites;
       ``(B) replacing instructional and maintenance supplies, 
     equipment, and materials (including textbooks) destroyed or 
     seriously damaged as a result of the disaster, making minor 
     repairs, and leasing or otherwise providing (other than by 
     acquisition of land or erection of facilities) school and 
     cafeteria facilities needed to replace temporarily the 
     facilities which have been made unavailable as a result of 
     the disaster; and
       ``(C) providing educational services to children who, as a 
     result of damage to schools that the children attended prior 
     to the disaster, were required to attend other schools.
       ``(3) Duration.--The Director may provide a local 
     educational agency with assistance under this section for the 
     period beginning on the date the disaster is declared by the 
     President under section 401 with respect to an area served by 
     the local educational agency and ending 18 months after the 
     date.
       ``(4) Payments to other local educational agencies.--A 
     local educational agency may use funds received under this 
     section to make a payment to another local educational agency 
     for the costs of emergency operating expenses incurred by 
     such other local educational agency in educating students who 
     are displaced by the disaster.
       ``(b) Authorization of Appropriations.--There is authorized 
     to be appropriated for each fiscal year such amounts as may 
     be necessary to carry out the provisions of this section. 
     Pending such appropriation, the Director is authorized to 
     expend (without regard for subchapter II of chapter 15 of 
     title 31, United States Code) from any funds appropriated to 
     the Federal Emergency Management Agency and at that time 
     available to the Director, such sums as may be necessary for 
     providing immediate assistance under this section. 
     Expenditures pursuant to the preceding sentence--
       ``(1) shall be reported by the Director to the Committees 
     on Appropriations and Education and the Workplace of the 
     House of Representatives and the Committees on Appropriations 
     and Labor and Human Resources of the Senate within 30 days of 
     the expenditure; and
       ``(2) shall be reimbursed from the appropriations 
     authorized by the first sentence of this subsection.
       ``(c) Report.--The report required under subsection (b)(1) 
     shall constitute a budget estimate within the meaning of 
     section 1109 of title 31, United States Code.
       ``(d) Application.--No payment may be made to any local 
     educational agency under this section except upon application 
     therefor which is submitted through the appropriate State 
     educational agency and is filed with the Director in 
     accordance with the regulations prescribed by the Director. 
     In determining the order in which such applications may be 
     approved, the Director shall consider the relative 
     educational and financial needs of the local educational 
     agencies which have submitted approvable applications. The 
     Director shall complete action of approval or disapproval of 
     an application within 90 days of the filing of an 
     application.
       ``(e) Payments.--Amounts paid by the Director to local 
     educational agencies under this section may be paid in 
     advance or by way of reimbursement and in such installments 
     as the Director may determine. Any funds paid to a local 
     educational agency and not expended or otherwise used for the 
     purposes for which paid shall be repaid to the Treasury of 
     the United States.
       ``(f) Special Rule.--Funds available to carry out this 
     section for any fiscal year shall also be available to carry 
     out section 403 with respect to assistance for public and 
     private elementary schools and secondary schools.
       ``(g) Bureau Funded Schools.--The Director may provide 
     assistance to the Bureau of Indian Affairs for Bureau funded 
     schools that are located in an area with respect to which a 
     major disaster has been declared by the President under 
     section 401 in a manner similar to the manner in which local 
     educational agencies receive assistance under this section.
       ``(h) Definitions.--In this section:
       ``(1) Bureau funded school.--The term `Bureau funded 
     school' has the meaning given the term in section 1146 of the 
     Education Amendments of 1978 (25 U.S.C. 2026).
       ``(2) Current expenditures.--The term `current 
     expenditures' has the meaning given the term in section 8013 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7713).
       ``(3) Director.--The term `Director' means Director of the 
     Federal Emergency Management Agency.
       ``(4) Elementary school; secondary school; local 
     educational agency; state educational agency.--The terms 
     `elementary school', `secondary school', `local educational 
     agency', and `State educational agency' have the meanings 
     given the terms in section 14101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8801).''.
                                 ______
                                 

                        CONRAD AMENDMENT NO. 162

  (Ordered to lie on the table.)
  Mr. CONRAD submitted an amendment intended to be proposed by him to 
the bill, S. 672, supra; as follows:

       At the end of title II, insert the following:

                               CHAPTER 6

                      COMMITTEE ON SMALL BUSINESS


           small business investment company act of 1958 fees

       (a) In General.--For fiscal year 1997 and 1998, $4,800,000, 
     to pay fees required under section 503(b)(7)(A) and 
     paragraphs (2) and (3) of section 503(d) of the Small 
     Business Investment Act of 1958 in connection with assistance 
     authorized under title V of that Act of a borrower located in 
     an area in which the President, pursuant to section 401 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.), has determined that 
     a major disaster exists, or within an area determined to be 
     eligible for disaster relief under other Federal law by 
     reason of damage related to the 1997 flooding of the Red 
     River of the North and its tributaries.
       (b) CDC and Borrower Exempt From Fees.--For fiscal years 
     1997 and 1998, no borrower or certified development company 
     shall be required to pay fees under section 503(b)(7)(A) and 
     paragraphs (2) and (3) of section 503(b) of the Small 
     Business Investment Act of 1958 that are paid by the funds 
     appropriated under subsection (a) of this section.
                                 ______
                                 

                 CONRAD (AND DORGAN) AMENDMENT NO. 163

  (Ordered to lie on the table.)
  Mr. CONRAD (for himself and Mr. Dorgan) submitted an amendment 
intended to be proposed by him to the bill, S. 672, supra; as follows:

       On page 10, between lines 10 and 11, insert the following:
       For an additional amount for the ``Agricultural Credit 
     Insurance Fund Program Account'' for the additional cost of 
     providing assistance under the interest rate reduction 
     program established under section 351 of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 1999) to 
     agricultural producers that have been substantially affected 
     by a major disaster or emergency designated by the President 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.), to remain available 
     until expended, $10,000,000: Provided, That the entire amount 
     shall be available only to the extent that an official budget 
     request for $10,000,000 that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 900 et seq.) is transmitted by the 
     President to Congress: Provided further, That the amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of that Act (2 U.S.C. 
     901(b)(2)(D)(i)).
                                 ______
                                 

                        MURRAY AMENDMENT NO. 164

  (Ordered to lie on the table.)
  Mrs. MURRAY submitted an amendment intended to be proposed by her to 
the bill, S. 672, supra; as follows:

       On page 17, between lines 13 and 14, insert the following:


                  operations, research, and facilities

       For an additional amount to continue the assistance 
     implemented by the National Oceanic and Atmospheric 
     Administration in Washington, Oregon, and California 
     (commonly referred to as the ``Northwest Economic Aid 
     Package'') to provide disaster assistance under section 312 
     of the Magnuson-Stevens Fishery Conservation and Management 
     Act (relating to the transition to sustainable fisheries) to 
     salmon fishers that continue to suffer from a fishery 
     resource disaster, $25,000,000, to remain available until 
     expended: Provided, That the entire amount shall be available 
     only to the extent that an official budget request for 
     $25,000,000, that includes the designation of the entire 
     amount of the request as an emergency requirement as defined 
     in the Balanced Budget and Emergency Deficit Control Act of 
     1985, is transmitted by the President to Congress: Provided 
     further, That the entire amount is designated by Congress as 
     an emergency requirement pursuant to section 251(b)(2)(D)(i) 
     of such Act.
       On page 72, line 10, strike ``$3,650,000,000'' and insert 
     ``$3,675,000,000''.
       On page 72, line 13, strike ``$5,800,000,000'' and insert 
     ``$5,825,000,000''.
                                 ______
                                 

                 D'AMATO (AND CHAFEE) AMENDMENT NO. 165

  (Ordered to lie on the table.)
  Mr. D'AMATO (for himself and Mr. Chafee) submitted an amendment 
intended to be proposed by them to the bill, S. 672, supra; as follows:

       Strike title VI and insert the following:

[[Page S4030]]

     TITLE VI--EXTENSION OF SSI AND FOOD STAMPS FOR CERTAIN ALIENS

     SEC. 601. EXTENSION OF SSI AND FOOD STAMP REDETERMINATION 
                   PROVISIONS.

       (A) In General.--Section 402(a)(2)(D) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612(a)(2)(D)), as amended by section 510 of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (Public Law 104-208; 110 Stat. 3009-673), is 
     amended--
       (1) in clause (i)--
       (A) in subclause (I), by striking ``the date which is 1 
     year after such date of enactment'' and inserting ``September 
     30, 1997''; and
       (B) in subclause (III), by striking ``the date of the 
     redetermination with respect to such individual'' and 
     inserting ``September 30, 1997''; and
       (2) in clause (ii)--
       (A) in subclause (I)--
       (i) by striking ``April 1, 1997,'' and all that follows 
     through ``1977.'' and inserting ``October 1, 1997, to an 
     alien who received benefits under such program on the date of 
     enactment of this Act.''; and
       (ii) by striking ``August 22, 1997'', and inserting 
     ``September 30, 1997''; and
       (B) in subclause (III), by striking ``the date of 
     recertification'' and inserting ``September 30, 1997''.
       (b) Notice and Redetermination.--The Commissioner of Social 
     Security, in the case of the specified Federal program 
     defined in section 402(a)(3)(A) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612(a)(3)(A)), and the State agency, in the 
     case of the specified Federal program defined in section 
     402(a)(3)(B) of such Act (8 U.S.C. 1612(a)(3)(B)), shall 
     notify any individual described in section 402(a)(2)(D) of 
     such Act (8 U.S.C. 1612(a)(2)(D)), as amended by subsection 
     (a), who, on or after August 22, 1996, has been determined to 
     be ineligible for any such specified Federal program solely 
     on the basis of the application of section 402 of such Act (8 
     U.S.C. 1612), as in effect on the day before the date of 
     enactment of this Act, that the individual's eligibility for 
     such program shall be redetermined or recertified (as the 
     case may be), and shall conduct such redetermination or 
     recertification in a timely manner. Any benefits that such an 
     individual should have received under any such specified 
     Federal program during the period beginning on the date of 
     the determination described in the preceding sentence and 
     ending on September 30, 1997, were it not for the enactment 
     of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996, shall be restored to the 
     individual.
       (c) Rescission of JOBS Funds.--
       (1) In general.--Of the funds made available under the 
     heading ``JOB OPPORTUNITIES AND BASIC SKILLS'' in Public Law 
     104-208, there is rescinded an amount equal to the total of 
     the funds within each State's limitation for fiscal year 1997 
     that are not necessary to pay such State's allowable claims 
     for such fiscal year.
       (2) Conforming amendment.--Section 403(k)(3)(F) of the 
     Social Security Act (42 U.S.C. 603(k)(3)(F)) (as in effect on 
     October 1, 1996) is amended by inserting ``reduced by an 
     amount equal to the total of those funds that are within each 
     State's limitation for fiscal year 1997 that are not 
     necessary to pay such State's allowable claims for such 
     fiscal year (except that such amount for such year shall be 
     deemed to be $1,000,000,000 for the purpose of determining 
     the amount of the payment under subsection (l) to which each 
     State is entitled),'' after ``year,''.
       (d) Effective Date.--Subsection (a) takes effect as if 
     included in the enactment of section 402 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612).
                                 ______
                                 

                 D'AMATO (AND OTHERS) AMENDMENT NO. 166

  (Ordered to lie on the table.)
  Mr. D'AMATO (for himself, Mr. Chafee, Mr. DeWine, and Mr. Specter) 
submitted an amendment intended to be proposed by them to the bill, S. 
672, supra; as follows:

       On page 44, strike all after line 19, through line 2 on 
     page 45, and insert in lieu thereof the following:


                   job opportunities and basic skills

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 104-208, there is rescinded an amount equal to the total 
     of the funds within each State's limitation for fiscal year 
     1997 that are not necessary to pay such State's allowable 
     claims for such fiscal year.
       Section 403(k)(3)(F) of the Social Security Act (as in 
     effect on October 1, 1996) is amended by adding after the 
     ``,'' the following: ``reduced by an amount equal to the 
     total of those funds that are within each State's limitation 
     for fiscal year 1997 that are not necessary to pay such 
     State's allowable claims for such fiscal year (except that 
     such amount for such year shall be deemed to be 
     $1,000,000,000 for the purpose of determining the amount of 
     the payment under subsection (1) to which each State is 
     entitled).''.
       On page 46, after line 25, insert the following:
       On page 75, strike all after line 10 through line 22 on 
     page 80, and insert in lieu thereof the following:

            Title VI--Supplemental Security Income Amendment

     SEC. 601. EXTENSION OF SSI REDETERMINATION PROVISIONS.

       (a) In General.--Section 402(a)(2)(D) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612(a)(2)(D) is amended--
       (1) in clause (i)--
       (A) in subclause (I), by striking ``the date which is 1 
     year after such date of enactment'' and inserting in lieu 
     thereof ``September 30, 1997''; and
       (B) in subclause (III), by striking ``the date of the 
     redetermination with respect to such individual'' and 
     inserting in lieu thereof ``September 30, 1997''; and
       (b) Effective Date.--Subsection (a) takes effect as if 
     included in the enactment of section 402 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612).
                                 ______
                                 

                  BOND (AND OTHERS) AMENDMENT NO. 167

  (Ordered to lie on the table.)
  Mr. BOND (for himself, Mr. Levin, and Mr. Abraham) submitted an 
amendment intended to be proposed by them to the bill, S. 672, supra; 
as follows:

       At the appropriate place, insert the following:
       Sec.  . After the period for filing claims pursuant to the 
     Uniform Relocation Act is closed, and from amounts previously 
     appropriated for the Center for Ecology Research and Training 
     (CERT), the Environmental Protection Agency (EPA) shall 
     obligate the maximum amount of funds necessary to settle all 
     outstanding CERT-related claims against it. To the extent 
     that unobligated balances remain from such amounts previously 
     appropriated, EPA is authorized beginning in fiscal year 1997 
     to make grants of such funds to the City of Bay City, 
     Michigan, for the purpose of EPA-approved environmental 
     remediation and rehabilitation of publicly owned real 
     property included in the boundaries of the CERT project.
                                 ______
                                 

                      BOND AMENDMENTS NOS. 168-169

  (Ordered to lie on the table.)
  Mr. BOND submitted two amendments intended to be proposed by him to 
the bill, S. 672, supra; as follows:

                           Amendment No. 168

       In Title III, Chapter 10, add the following new section.
       Sec.   . The funds appropriated in Public Law 104-204 to 
     the Environmental Protection Agency under the State and 
     Tribal Assistance Grants Account for grants to states and 
     federally recognized tribes for multi-media or single media 
     pollution prevention, control and abatement and related 
     activities, $674,207,000, may also be used for the direct 
     implementation by the Federal government of a program 
     required by law in the absence of an acceptable State or 
     tribal program.
                                                                    ____


                           Amendment No. 169

       In Title III, Chapter 10, add the following new section.
       Sec.   . The first sentence of section 542(c)(4) of the 
     Housing and Community Development Act of 1992 is amended by 
     striking out ``on not more than 12,000 units during fiscal 
     year 1996'' and inserting in lieu thereof: ``on not more than 
     12,000 units during fiscal year 1996 and not more than an 
     additional 7,500 units during fiscal year 1997.''.
                                 ______
                                 

                       DASCHLE AMENDMENT NO. 170

  (Ordered to lie on the table.)
  Mr. DASCHLE submitted an amendment intended to be proposed by him to 
the bill, s. 672, supra; as follows:

                           Amendment No. 170

       At the appropriate place, insert the following:

                  FEDERAL EMERGENCY MANAGEMENT AGENCY

    Grant for the Construction of a Pipeline to Connect the Town of 
     Gettysburg, South Dakota, to the Mid-Dakota Rural Water System

       For the funding of a grant to the town of Gettysburg, South 
     Dakota, to be used to pay the Bureau of Reclamation for the 
     construction of a pipeline to connect the town to the Mid-
     Dakota Rural Water System, $1,500,000.
                                 ______
                                 

                  REID (AND BAUCUS) AMENDMENT NO. 171

  Mr. REID (for himself and Mr. Baucus) proposed an amendment to the 
bill, S. 672, supra; as follows:

                           Amendment No. 171

       Beginning on page 50, strike line 15 and all that follows 
     through page 51 and insert the following:
       The policy issued on February 19, 1997, by the United 
     States Fish and Wildlife Service implementing emergency 
     provisions of the Endangered Species Act and applying to 46 
     California counties that were declared Federal disaster areas 
     shall apply to all counties nationwide heretofore or 
     hereafter declared Federal disaster areas at any time during 
     1997 and shall apply to repair activities on

[[Page S4031]]

     flood control facilities in response to an imminent threat to 
     human lives and property and shall remain in effect until the 
     Assistant Secretary of the Army for Civil Works determines 
     that 100 percent of emergency repairs have been completed, 
     but shall not remain in effect later than December 31, 1998.
                                 ______
                                 

                 D'AMATO (AND OTHERS) AMENDMENT NO. 172

  (Ordered to lie on the table.)
  Mr. D'AMATO (for himself, Ms. Snowe, Mrs. Feinstein, Mr. Hollings, 
Mr. Moynihan, Mr. Domenici, Mr. Faircloth, Ms. Moseley-Braun, Mr. 
Biden, Mr. Inouye, Mr. Murkowski, Mr. Dodd, Mr. Kerrey, Mr. Hatch, Mr. 
Gregg, Mr. Smith of New Hampshire, and Mr. Ford) submitted an amendment 
intended to be proposed by him to the bill, S. 672, supra; as follows:

       At the appropriate place, insert the following:
              TITLE ____--WOMEN'S HEALTH AND CANCER RIGHTS

     SEC. ____1. SHORT TITLE.

       This title may be cited as the ``Women's Health and Cancer 
     Rights Act of 1997''.

     SEC. ____2. FINDINGS.

       Congress finds that--
       (1) the offering and operation of health plans affect 
     commerce among the States;
       (2) health care providers located in a State serve patients 
     who reside in the State and patients who reside in other 
     States; and
       (3) in order to provide for uniform treatment of health 
     care providers and patients among the States, it is necessary 
     to cover health plans operating in 1 State as well as health 
     plans operating among the several States.

     SEC. ____3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME 
                   SECURITY ACT OF 1974.

       (a) In General.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (as 
     added by section 603(a) of the Newborns' and Mothers' Health 
     Protection Act of 1996 and amended by section 702(a) of the 
     Mental Health Parity Act of 1996) is amended by adding at the 
     end the following new section:

     ``SEC. 713. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR 
                   MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE 
                   TREATMENT OF BREAST CANCER, COVERAGE FOR 
                   RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMIES, 
                   AND COVERAGE FOR SECONDARY CONSULTATIONS.

       ``(a) Inpatient Care.--
       ``(1) In general.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, that provides medical 
     and surgical benefits shall ensure that inpatient coverage 
     with respect to the treatment of breast cancer is provided 
     for a period of time as is determined by the attending 
     physician, in consultation with the patient, to be medically 
     appropriate following--
       ``(A) a mastectomy;
       ``(B) a lumpectomy; or
       ``(C) a lymph node dissection for the treatment of breast 
     cancer.
       ``(2) Exception.--Nothing in this section shall be 
     construed as requiring the provision of inpatient coverage if 
     the attending physician and patient determine that a shorter 
     period of hospital stay is medically appropriate.
       ``(b) Reconstructive Surgery.--A group health plan, and a 
     health insurance issuer providing health insurance coverage 
     in connection with a group health plan, that provides medical 
     and surgical benefits with respect to a mastectomy shall 
     ensure that, in a case in which a mastectomy patient elects 
     breast reconstruction, coverage is provided for--
       ``(1) all stages of reconstruction of the breast on which 
     the mastectomy has been performed; and
       ``(2) surgery and reconstruction of the other breast to 
     produce a symmetrical appearance;

     in the manner determined by the attending physician and the 
     patient to be appropriate, and consistent with any fee 
     schedule contained in the plan.
       ``(c) Prohibition on Certain Modifications.--In 
     implementing the requirements of this section, a group health 
     plan, and a health insurance issuer providing health 
     insurance coverage in connection with a group health plan, 
     may not modify the terms and conditions of coverage based on 
     the determination by a participant or beneficiary to request 
     less than the minimum coverage required under subsection (a) 
     or (b).
       ``(d) Notice.--A group health plan, and a health insurance 
     issuer providing health insurance coverage in connection with 
     a group health plan shall provide notice to each participant 
     and beneficiary under such plan regarding the coverage 
     required by this section in accordance with regulations 
     promulgated by the Secretary. Such notice shall be in 
     writing and prominently positioned in any literature or 
     correspondence made available or distributed by the plan 
     or issuer and shall be transmitted--
       ``(1) in the next mailing made by the plan or issuer to the 
     participant or beneficiary;
       ``(2) as part of any yearly informational packet sent to 
     the participant or beneficiary; or
       ``(3) not later than January 1, 1998;

     whichever is earlier.
       ``(e) Secondary Consultations.--
       ``(1) In general.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, that provides coverage 
     with respect to medical and surgical services provided in 
     relation to the diagnosis and treatment of cancer shall 
     ensure that full coverage is provided for secondary 
     consultations by specialists in the appropriate medical 
     fields (including pathology, radiology, and oncology) to 
     confirm or refute such diagnosis. Such plan or issuer shall 
     ensure that full coverage is provided for such secondary 
     consultation whether such consultation is based on a positive 
     or negative initial diagnosis. In any case in which the 
     attending physician certifies in writing that services 
     necessary for such a secondary consultation are not 
     sufficiently available from specialists operating under the 
     plan with respect to whose services coverage is otherwise 
     provided under such plan or by such issuer, such plan or 
     issuer shall ensure that coverage is provided with respect to 
     the services necessary for the secondary consultation with 
     any other specialist selected by the attending physician for 
     such purpose at no additional cost to the individual beyond 
     that which the individual would have paid if the specialist 
     was participating in the network of the plan.
       ``(2) Exception.--Nothing in paragraph (1) shall be 
     construed as requiring the provision of secondary 
     consultations where the patient determines not to seek such a 
     consultation.
       ``(f) Prohibition on Penalties or Incentives.--A group 
     health plan, and a health insurance issuer providing health 
     insurance coverage in connection with a group health plan, 
     may not--
       ``(1) penalize or otherwise reduce or limit the 
     reimbursement of a provider or specialist because the 
     provider or specialist provided care to a participant or 
     beneficiary in accordance with this section;
       ``(2) provide financial or other incentives to a physician 
     or specialist to induce the physician or specialist to keep 
     the length of inpatient stays of patients following a 
     mastectomy, lumpectomy, or a lymph node dissection for the 
     treatment of breast cancer below certain limits or to limit 
     referrals for secondary consultations; or
       ``(3) provide financial or other incentives to a physician 
     or specialist to induce the physician or specialist to 
     refrain from referring a participant or beneficiary for a 
     secondary consultation that would otherwise be covered by the 
     plan or coverage involved under subsection (e).''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of such Act, as amended by section 603 of the Newborns' and 
     Mothers' Health Protection Act of 1996 and section 702 of the 
     Mental Health Parity Act of 1996, is amended by inserting 
     after the item relating to section 712 the following new 
     item:

``Sec. 713. Required coverage for minimum hospital stay for 
              mastectomies and lymph node dissections for the treatment 
              of breast cancer, coverage for reconstructive surgery 
              following mastectomies, and coverage for secondary 
              consultations.''.

       (c) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply with respect to plan years beginning on or after the 
     date of enactment of this Act.
       (2) Special rule for collective bargaining agreements.--In 
     the case of a group health plan maintained pursuant to 1 or 
     more collective bargaining agreements between employee 
     representatives and 1 or more employers ratified before the 
     date of enactment of this Act, the amendments made by this 
     section shall not apply to plan years beginning before the 
     later of--
       (A) the date on which the last collective bargaining 
     agreements relating to the plan terminates (determined 
     without regard to any extension thereof agreed to after the 
     date of enactment of this Act), or
       (B) January 1, 1998.

     For purposes of subparagraph (A), any plan amendment made 
     pursuant to a collective bargaining agreement relating to the 
     plan which amends the plan solely to conform to any 
     requirement added by this section shall not be treated as a 
     termination of such collective bargaining agreement.

     SEC. ____4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT 
                   RELATING TO THE GROUP MARKET.

       (a) In General.--Subpart 2 of part A of title XXVII of the 
     Public Health Service Act (as added by section 604(a) of the 
     Newborns' and Mothers' Health Protection Act of 1996 and 
     amended by section 703(a) of the Mental Health Parity Act of 
     1996) is amended by adding at the end the following new 
     section:

     ``SEC. 2706. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR 
                   MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE 
                   TREATMENT OF BREAST CANCER, COVERAGE FOR 
                   RECONSTRUCTION SURGERY FOLLOWING MASTECTOMIES, 
                   AND COVERAGE FOR SECONDARY CONSULTATIONS.

       ``(a) Inpatient Care.--
       ``(1) In general.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, that provides medical 
     and surgical benefits shall ensure that inpatient coverage 
     with respect to the treatment of breast cancer is provided 
     for a period of time as is determined by the attending 
     physician,

[[Page S4032]]

     in consultation with the patient, to be medically appropriate 
     following--
       ``(A) a mastectomy;
       ``(B) a lumpectomy; or
       ``(C) a lymph node dissection for the treatment of breast 
     cancer.
       ``(2) Exception.--Nothing in this section shall be 
     construed as requiring the provision of inpatient coverage if 
     the attending physician and patient determine that a shorter 
     period of hospital stay is medically appropriate.
       ``(b) Reconstructive Surgery.--A group health plan, and a 
     health insurance issuer providing health insurance coverage 
     in connection with a group health plan, that provides medical 
     and surgical benefits with respect to a mastectomy shall 
     ensure that, in a case in which a mastectomy patient elects 
     breast reconstruction, coverage is provided for--
       ``(1) all stages of reconstruction of the breast on which 
     the mastectomy has been performed; and
       ``(2) surgery and reconstruction of the other breast to 
     produce a symmetrical appearance;

     in the manner determined by the attending physician and the 
     patient to be appropriate, and consistent with any fee 
     schedule contained in the plan.
       ``(c) Prohibition on Certain Modifications.--In 
     implementing the requirements of this section, a group health 
     plan, and a health insurance issuer providing health 
     insurance coverage in connection with a group health plan, 
     may not modify the terms and conditions of coverage based on 
     the determination by a participant or beneficiary to request 
     less than the minimum coverage required under subsection (a) 
     or (b).
       ``(d) Notice.--A group health plan, and a health insurance 
     issuer providing health insurance coverage in connection with 
     a group health plan shall provide notice to each participant 
     and beneficiary under such plan regarding the coverage 
     required by this section in accordance with regulations 
     promulgated by the Secretary. Such notice shall be in writing 
     and prominently positioned in any literature or 
     correspondence made available or distributed by the plan or 
     issuer and shall be transmitted--
       ``(1) in the next mailing made by the plan or issuer to the 
     participant or beneficiary;
       ``(2) as part of any yearly informational packet sent to 
     the participant or beneficiary; or
       ``(3) not later than January 1, 1998;

     whichever is earlier.
       ``(e) Secondary Consultations.--
       ``(1) In general.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan that provides coverage 
     with respect to medical and surgical services provided in 
     relation to the diagnosis and treatment of cancer shall 
     ensure that full coverage is provided for secondary 
     consultations by specialists in the appropriate medical 
     fields (including pathology, radiology, and oncology) to 
     confirm or refute such diagnosis. Such plan or issuer shall 
     ensure that full coverage is provided for such secondary 
     consultation whether such consultation is based on a positive 
     or negative initial diagnosis. In any case in which the 
     attending physician certifies in writing that services 
     necessary for such a secondary consultation are not 
     sufficiently available from specialists operating under the 
     plan with respect to whose services coverage is otherwise 
     provided under such plan or by such issuer, such plan or 
     issuer shall ensure that coverage is provided with respect to 
     the services necessary for the secondary consultation with 
     any other specialist selected by the attending physician for 
     such purpose at no additional cost to the individual beyond 
     that which the individual would have paid if the specialist 
     was participating in the network of the plan.
       ``(2) Exception.--Nothing in paragraph (1) shall be 
     construed as requiring the provision of secondary 
     consultations where the patient determines not to seek such a 
     consultation.
       ``(f) Prohibition on Penalties or Incentives.--A group 
     health plan, and a health insurance issuer providing health 
     insurance coverage in connection with a group health plan, 
     may not--
       ``(1) penalize or otherwise reduce or limit the 
     reimbursement of a provider or specialist because the 
     provider or specialist provided care to a participant or 
     beneficiary in accordance with this section;
       ``(2) provide financial or other incentives to a physician 
     or specialist to induce the physician or specialist to keep 
     the length of inpatient stays of patients following a 
     mastectomy, lumpectomy, or a lymph node dissection for the 
     treatment of breast cancer below certain limits or to limit 
     referrals for secondary consultations; or
       ``(3) provide financial or other incentives to a physician 
     or specialist to induce the physician or specialist to 
     refrain from referring a participant or beneficiary for a 
     secondary consultation that would otherwise be covered by the 
     plan or coverage involved under subsection (e).''.
       (b) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply to group health plans for plan years beginning on or 
     after the date of enactment of this Act.
       (2) Special rule for collective bargaining agreements.--In 
     the case of a group health plan maintained pursuant to 1 or 
     more collective bargaining agreements between employee 
     representatives and 1 or more employers ratified before the 
     date of enactment of this Act, the amendments made by this 
     section shall not apply to plan years beginning before the 
     later of--
       (A) the date on which the last collective bargaining 
     agreements relating to the plan terminates (determined 
     without regard to any extension thereof agreed to after the 
     date of enactment of this Act), or
       (B) January 1, 1998.

     For purposes of subparagraph (A), any plan amendment made 
     pursuant to a collective bargaining agreement relating to the 
     plan which amends the plan solely to conform to any 
     requirement added by this section shall not be treated as a 
     termination of such collective bargaining agreement.

     SEC. ____5. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT 
                   RELATING TO THE INDIVIDUAL MARKET.

       (a) In General.--Subpart 3 of part B of title XXVII of the 
     Public Health Service Act (as added by section 605(a) of the 
     Newborn's and Mother's Health Protection Act of 1996) is 
     amended by adding at the end the following new section:

     ``SEC. 2752. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR 
                   MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE 
                   TREATMENT OF BREAST CANCER AND SECONDARY 
                   CONSULTATIONS.

       ``The provisions of section 2706 shall apply to health 
     insurance coverage offered by a health insurance issuer in 
     the individual market in the same manner as they apply to 
     health insurance coverage offered by a health insurance 
     issuer in connection with a group health plan in the small or 
     large group market.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to health insurance coverage 
     offered, sold, issued, renewed, in effect, or operated in the 
     individual market on or after the date of enactment of this 
     Act.

     SEC. ____6. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

       (a) In General.--Chapter 100 of the Internal Revenue Code 
     of 1986 (relating to group health plan portability, access, 
     and renewability requirements) is amended by redesignating 
     sections 9804, 9805, and 9806 as sections 9805, 9806, and 
     9807, respectively, and by inserting after section 9803 the 
     following new section:

     ``SEC. 9804. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR 
                   MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE 
                   TREATMENT OF BREAST CANCER, COVERAGE FOR 
                   RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMIES, 
                   AND COVERAGE FOR SECONDARY CONSULTATIONS.

       ``(a) Inpatient Care.--
       ``(1) In general.--A group health plan that provides 
     medical and surgical benefits shall ensure that inpatient 
     coverage with respect to the treatment of breast cancer is 
     provided for a period of time as is determined by the 
     attending physician, in consultation with the patient, to be 
     medically appropriate following--
       ``(A) a mastectomy;
       ``(B) a lumpectomy; or
       ``(C) a lymph node dissection for the treatment of breast 
     cancer.
       ``(2) Exception.--Nothing in this section shall be 
     construed as requiring the provision of inpatient coverage if 
     the attending physician and patient determine that a shorter 
     period of hospital stay is medically appropriate.
       ``(b) Reconstructive Surgery.--A group health plan that 
     provides medical and surgical benefits with respect to a 
     mastectomy shall ensure that, in a case in which a mastectomy 
     patient elects breast reconstruction, coverage is provided 
     for--
       ``(1) all stages of reconstruction of the breast on which 
     the mastectomy has been performed; and
       ``(2) surgery and reconstruction of the other breast to 
     produce a symmetrical appearance;

     in the manner determined by the attending physician and the 
     patient to be appropriate, and consistent with any fee 
     schedule contained in the plan.
       ``(c) Prohibition on Certain Modifications.--In 
     implementing the requirements of this section, a group health 
     plan may not modify the terms and conditions of coverage 
     based on the determination by a participant or beneficiary to 
     request less than the minimum coverage required under 
     subsection (a) or (b).
       ``(d) Notice.--A group health plan shall provide notice to 
     each participant and beneficiary under such plan regarding 
     the coverage required by this section in accordance with 
     regulations promulgated by the Secretary. Such notice shall 
     be in writing and prominently positioned in any literature or 
     correspondence made available or distributed by the plan and 
     shall be transmitted--
       ``(1) in the next mailing made by the plan to the 
     participant or beneficiary;
       ``(2) as part of any yearly informational packet sent to 
     the participant or beneficiary; or
       ``(3) not later than January 1, 1998;

     whichever is earlier.
       ``(e) Secondary Consultations.--
       ``(1) In general.--A group health plan that provides 
     coverage with respect to medical and surgical services 
     provided in relation to the diagnosis and treatment of cancer 
     shall ensure that full coverage is provided for secondary 
     consultations by specialists in the appropriate medical 
     fields (including pathology, radiology, and oncology) to 
     confirm or

[[Page S4033]]

     refute such diagnosis. Such plan or issuer shall ensure that 
     full coverage is provided for such secondary consultation 
     whether such consultation is based on a positive or negative 
     initial diagnosis. In any case in which the attending 
     physician certifies in writing that services necessary for 
     such a secondary consultation are not sufficiently available 
     from specialists operating under the plan with respect to 
     whose services coverage is otherwise provided under such plan 
     or by such issuer, such plan or issuer shall ensure that 
     coverage is provided with respect to the services necessary 
     for the secondary consultation with any other specialist 
     selected by the attending physician for such purpose at no 
     additional cost to the individual beyond that which the 
     individual would have paid if the specialist was 
     participating in the network of the plan.
       ``(2) Exception.--Nothing in paragraph (1) shall be 
     construed as requiring the provision of secondary 
     consultations where the patient determines not to seek such a 
     consultation.
       ``(f) Prohibition on Penalties.--A group health plan may 
     not--
       ``(1) penalize or otherwise reduce or limit the 
     reimbursement of a provider or specialist because the 
     provider or specialist provided care to a participant or 
     beneficiary in accordance with this section;
       ``(2) provide financial or other incentives to a physician 
     or specialist to induce the physician or specialist to keep 
     the length of inpatient stays of patients following a 
     mastectomy, lumpectomy, or a lymph node dissection for the 
     treatment of breast cancer below certain limits or to limit 
     referrals for secondary consultations; or
       ``(3) provide financial or other incentives to a physician 
     or specialist to induce the physician or specialist to 
     refrain from referring a participant or beneficiary for a 
     secondary consultation that would otherwise be covered by the 
     plan involved under subsection (e).''.
       (b) Conforming Amendments.--
       (1) Sections 9801(c)(1), 9805(b) (as redesignated by 
     subsection (a)), 9805(c) (as so redesignated), 
     4980D(c)(3)(B)(i)(I), 4980D(d)(3), and 4980D(f)(1) of such 
     Code are each amended by striking ``9805'' each place it 
     appears and inserting ``9806''.
       (2) The heading for subtitle K of such Code is amended to 
     read as follows:
``Subtitle K--Group Health Plan Portability, Access, Renewability, and 
                         Other Requirements''.
       (3) The heading for chapter 100 of such Code is amended to 
     read as follows:

``CHAPTER 100--GROUP HEALTH PLAN PORTABILITY, ACCESS, RENEWABILITY, AND 
                         OTHER REQUIREMENTS''.

       (4) Section 4980D(a) of such Code is amended by striking 
     ``and renewability'' and inserting ``renewability, and 
     other''.
       (c) Clerical Amendments.--
       (1) The table of contents for chapter 100 of such Code is 
     amended by redesignating the items relating to sections 9804, 
     9805, and 9806 as items relating to sections 9805, 9806, and 
     9807, and by inserting after the item relating to section 
     9803 the following new item:

``Sec. 9804. Required coverage for minimum hospital stay for 
              mastectomies and lymph node dissections for the treatment 
              of breast cancer, coverage for reconstructive surgery 
              following mastectomies, and coverage for secondary 
              consultations.''.

       (2) The item relating to subtitle K in the table of 
     subtitles for such Code is amended by striking ``and 
     renewability'' and inserting ``renewability, and other''.
       (3) The item relating to chapter 100 in the table of 
     chapters for subtitle K of such Code is amended by striking 
     ``and renewability'' and inserting ``renewability, and 
     other''.
       (d) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply with respect to plan years beginning on or after the 
     date of enactment of this Act.
       (2) Special rule for collective bargaining agreements.--In 
     the case of a group health plan maintained pursuant to 1 or 
     more collective bargaining agreements between employee 
     representatives and 1 or more employers ratified before the 
     date of enactment of this Act, the amendments made by this 
     section shall not apply to plan years beginning before the 
     later of--
       (A) the date on which the last collective bargaining 
     agreements relating to the plan terminates (determined 
     without regard to any extension thereof agreed to after the 
     date of enactment of this Act), or
       (B) January 1, 1998.

     For purposes of subparagraph (A), any plan amendment made 
     pursuant to a collective bargaining agreement relating to the 
     plan which amends the plan solely to conform to any 
     requirement added by this section shall not be treated as a 
     termination of such collective bargaining agreement.
                                 ______
                                 

                         BOND AMENDMENT NO. 173

  Mr. STEVENS (for Mr. Bond) proposed an amendment to the bill, S. 672, 
supra; as follows:

       In title III, chapter 10, add the following new section:
       Sec.   . The funds appropriated in Public Law 104-204 to 
     the Environmental Protection Agency under the State and 
     Tribal Assistance Grants Account for grants to States and 
     federally recognized tribes for multi-media or single media 
     pollution prevention, control and abatement and related 
     activities, $674,207,000, may also be used for the direct 
     implementation by the Federal Government of a program 
     required by law in the absence of an acceptable State or 
     tribal program.
                                 ______
                                 

                  BOND (AND OTHERS) AMENDMENT NO. 174

  Mr. STEVENS (for Mr. Bond, for himself, Mr. Levin, and Mr. Abraham) 
proposed an amendment to the bill, S. 672, supra; as follows:

       In title III, chapter 10, add the following new section:
       Sec.   . After the period for filing claims pursuant to the 
     Uniform Relocation Act is closed, and from amounts previously 
     appropriated for the Center for Ecology Research and Training 
     (CERT), the Environmental Protection Agency (EPA) shall 
     obligate the maximum amount of funds necessary to settle all 
     outstanding CERT-related claims against it. To the extent 
     that unobligated balances remain from such amounts previously 
     appropriated, EPA is authorized beginning in fiscal year 1997 
     to make grants of such funds to the City of Bay City, 
     Michigan, for the purpose of EPA-approved environmental 
     remediation and rehabilitation of publicly owned real 
     property included in the boundaries of the CERT project.

                          ____________________