[Congressional Record Volume 143, Number 58 (Wednesday, May 7, 1997)]
[Senate]
[Pages S4117-S4128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

THE GOVERNMENT SHUTDOWN PREVENTION ACT SUPPLEMENTAL APPROPRIATIONS AND 
                        RESCISSIONS ACT OF 1997

                                 ______
                                 

                        CONRAD AMENDMENT NO. 175

  (Ordered to lie on the table.)
  Mr. CONRAD submitted an amendment intended to be proposed by him to 
the bill (S. 672) making supplemental appropriations and rescissions 
for the fiscal year ending September 30, 1997, and for other purposes; 
as follows:

       In lieu of the matter to be inserted by said amendment, 
     insert: On page 31, line 22, after the word ``facilities,'' 
     insert the following: ``: Provided further, That of the funds 
     made available under this heading, up to $20,000,000 may be 
     transferred to the Disaster Assistance Direct Loan Program 
     for the cost of direct loans as authorized under section 417 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.): Provided further, 
     That such transfer may be made to subsidize gross obligations 
     for the principal amount of direct loans not to exceed 
     $21,000,000 under section 417 of the Stafford Act: Provided 
     further, That any such transfer of funds shall be made only 
     upon certification by the Director of the Federal Emergency 
     Management Agency that all requirements of section 417 of the 
     Stafford Act will be complied with: Provided further, That 
     the entire amount of the preceding proviso shall be available 
     only to the extent that an official budget request for a 
     specific dollar amount, 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, as amended, is transmitted by the President to 
     Congress''.
                                 ______
                                 

                        DORGAN AMENDMENT NO. 176

  (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:

       At the appropriate place, insert the following: ``Provided 
     further, That, notwithstanding the provisions of section 
     903(a)(2) of the Public Works and Economic Development Act of 
     1965 (42 U.S.C. 3243(a)(2)), the Secretary of Commerce may 
     make a grant to restore electrical and gas service to areas 
     damaged by flooding and other natural disasters: Provided 
     further, That a project funded by a grant made under the 
     preceding proviso shall, for purposes of section 704(e)(1) of 
     the Public Works and Economic Development Act of 1965 (42 
     U.S.C. 3214(e)(1)), be considered to be an authorized 
     project.''
                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 177

  Mrs. HUTCHISON proposed an amendment to the bill, S. 672, supra; as 
follows:

       Strike out ``September 30, 1997'' and insert in lieu 
     thereof ``June 30, 1998.''
                                 ______
                                 

                   HUTCHISON AMENDMENTS NOS. 178-179

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

                           Amendment No. 178

       Strike out ``September 30, 1997'' and insert in lieu 
     thereof ``June 30, 1998.''
                                                                    ____


                           Amendment No. 179

       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, 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.''.
                                 ______
                                 

                      LUGAR AMENDMENTS NOS. 180-81

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

                           Amendment No. 180

       Strike all after ``SEC. ------'' and insert the following: 
     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 on 
     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. 181

       ``Strike all after ``SEC. ------'' and insert the 
     following: 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

[[Page S4118]]

     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.
                                 ______
                                 

                     CRAIG AMENDMENTS NOS. 182-195

  (Ordered to lie on the table.)
  Mr. CRAIG submitted 14 amendments intended to be proposed by him to 
the bill, S. 672, supra; as follows:

                           Amendment No. 182

       In lieu of the matter proposed to be inserted, insert the 
     following:

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

       (a) Consultation and Conferencing.--Section 7(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended 
     by adding at the end the following:
       ``(5) Flood control projects.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing, or 
     reconstructing a Federal or non-Federal flood control 
     project, facility, or structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997;
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997; or
       ``(C) to comply with a Federal, State, or local public 
     health or safety requirement that was violated during 1996 or 
     1997 as a result of a threat or event referred to in 
     subparagraph (A) or (B).''.
       (b) Takings.--Section 9(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1538(a)) is amended by adding at the end the 
     following:
       ``(3) Flood control projects.--For purposes of this 
     subsection, an activity of a Federal or non-Federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     Federal or non-Federal flood control project, facility, or 
     structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997;
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997; or
       ``(C) to comply with a Federal, State, or local public 
     health or safety requirement that was violated during 1996 or 
     1997 as a result of a threat or event referred to in 
     subparagraph (A) or (B).''.
                                                                    ____


                           Amendment No. 183

       In lieu of the matter proposed to be inserted, insert the 
     following:

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

       (a) Consultation and Conferencing.--Section 7(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended 
     by adding at the end the following:
       ``(5) Flood control projects.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing, or 
     reconstructing a Federal or non-Federal flood control 
     project, facility, or structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997;
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997; or
       ``(C) to comply with a Federal, State, or local public 
     health or safety requirement that was violated during 1996 or 
     1997 as a result of a threat or event referred to in 
     subparagraph (A) or (B).''.
       (b) Takings.--Section 9(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1538(a)) is amended by adding at the end the 
     following:
       ``(3) Flood control projects.--For purposes of this 
     subsection, an activity of a Federal or non-Federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     Federal or non-Federal flood control project, facility, or 
     structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997;
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997; or
       ``(C) to comply with a Federal, State, or local public 
     health or safety requirement that was violated during 1996 or 
     1997 as a result of a threat or event referred to in 
     subparagraph (A) or (B).''.
                                                                    ____


                           Amendment No. 184

       In lieu of the matter proposed to be inserted, insert the 
     following:

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

       (a) Consultation and Conferencing.--Section 7(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a) is amended 
     by adding at the end the following:
       ``(5) Flood control projects.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing, or 
     reconstructing a Federal or non-Federal flood control 
     project, facility, or structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997;
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997; or
       ``(C) to comply with a Federal, State, or local public 
     health or safety requirement that was violated during 1996 or 
     1997 as a result of a threat or event referred to in 
     subparagraph (A) or (B).''.
       (b) Takings.--Section 9(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1538(a)) is amended by adding at the end the 
     following:
       ``(3) Flood control projects.--For purposes of this 
     subsection, an activity of a Federal or non-Federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     Federal or non-Federal flood control project, facility, or 
     structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose, during 1996 or 1997;
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997; or
       ``(C) to comply with a Federal, State, or local public 
     health or safety requirement that was violated during 1996 or 
     1997 as a result of a threat or event referred to in 
     subparagraph (A) or (B).''.
                                                                    ____


                           Amendment No. 185

       In lieu of the matter proposed to be inserted, insert the 
     following:

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

       (a) Consultation and Conferencing.--Section 7(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended 
     by adding at the end the following:
       ``(5) Flood control projects.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing, or 
     reconstructing a Federal or non-Federal flood control 
     project, facility, or structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997;
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997; or
       ``(C) to comply with a Federal, State, or local public 
     health or safety requirement that was violated during 1996 or 
     1997 as a result of a threat or event referred to in 
     subparagraph (A) or (B).''.
       (b) Takings.--Section 9(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1538(a)) is amended by adding at the end the 
     following:
       ``(3) Flood control projects.--For purposes of this 
     subsection, an activity of a Federal or non-Federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     Federal or non-Federal flood control project, facility, or 
     structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997;
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997; or
       ``(C) to comply with a Federal, State, or local public 
     health or safety requirement that was violated during 1996 or 
     1997 as a result of a threat or event referred to in 
     subparagraph (A) or (B).''.
                                                                    ____


                           Amendment No. 186

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 331. COMPLIANCE WITH THE ENDANGERED SPECIES ACT OF 1973 
                   IN CONNECTION WITH FLOOD CONTROL PROJECTS.

       (a) Consultation and Conferencing.--Section 7(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended 
     by adding at the end the following:
       ``(5) Flood control projects.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing, or 
     reconstructing a Federal or non-Federal flood control 
     project, facility, or structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997;
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997; or
       ``(C) to comply with a Federal, State, or local public 
     health or safety requirement that was violated during 1996 or 
     1997 as a result of a threat or event referred to in 
     subparagraph (A) or (B).''.
       (b) Takings.--Section 9(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1538(a)) is amended by adding at the end the 
     following:
       ``(3) Flood control projects.--For purposes of this 
     subsection, an activity of a Federal or non-Federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     Federal or non-Federal flood control project, facility, or 
     structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997;
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997; or

[[Page S4119]]

       ``(C) to comply with a Federal, State, or local public 
     health or safety requirement that was violated during 1996 
     and 1997 as a result of a threat or event referred to in 
     subparagraph (A) or (B).''.
                                                                    ____


                           Amendment No. 187

       In lieu of the matter proposed to be inserted, insert the 
     following:

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

       (a) Consultation and Conferencing.--Section 7(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended 
     by adding at the end the following:
       ``(5) Flood control projects.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing, or 
     reconstructing a Federal or non-Federal flood control 
     project, facility, or structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997;
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997; or
       ``(C) to comply with a Federal, State, or local public 
     health or safety requirement that was violated during 1996 or 
     1997 as a result of a threat or event referred to in 
     subparagraph (A) or (B).''.
       (b) Takings.--Section 9(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1538(a)) is amended by adding at the end the 
     following:
       ``(3) Flood control projects.--For purposes of this 
     subsection, an activity of a Federal or non-Federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     Federal or non-Federal flood control project, facility, or 
     structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997;
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997; or
       ``(C) to comply with a Federal, State, or local public 
     health or safety requirement that was violated during 1996 or 
     1997 as a result of a threat or event referred to in 
     subparagraph (A) or (B).''.
                                                                    ____


                           Amendment No. 188

       In lieu of the matter proposed to be inserted, insert the 
     following:

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

       (a) Consultation and Conferencing.--Section 7(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended 
     by adding at the end the following:
       ``(5) Flood control projects.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing, or 
     reconstructing a Federal or non-Federal flood control 
     project, facility, or structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997;
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997; or
       ``(C) to comply with a Federal, State, or local public 
     health or safety requirement that was violated during 1996 or 
     1997 as a result of a threat or event referred to in 
     subparagraph (A) or (B).''.
       (b) Takings.--Section 9(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1538(a)) is amended by adding at the end the 
     following:
       ``(3) Flood control projects.--For purposes of this 
     subsection, an activity of a Federal or non-Federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     Federal or non-Federal flood control project, facility, or 
     structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997;
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997; or
       ``(C) to comply with a Federal, State, or local public 
     health or safety requirement that was violated during 1996 or 
     1997 as a result of a threat or event referred to in 
     subparagraph (A) or (B).''.
                                                                    ____


                           Amendment No. 189

       In lieu of the matter proposed to be inserted, insert the 
     following:

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

       (a) Consultation and Conferencing.--Section 7(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended 
     by adding at the end the following:
       ``(5) Flood control projects.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing, or 
     reconstructing a Federal or non-Federal flood control 
     project, facility, or structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997; or
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997.''.
       (b) Takings.--Section 9(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1538(a)) is amended by adding at the end the 
     following:
       ``(3) Flood control projects.--For purposes of this 
     subsection, an activity of a Federal or non-Federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     Federal or non-Federal flood control project, facility, or 
     structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997; or
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997.''.
                                                                    ____


                           Amendment No. 190

       In lieu of the matter proposed to be inserted, insert the 
     following:

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

       (a) Consultation and Conferencing.--Section 7(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended 
     by adding at the end the following:
       ``(5) Flood control projects.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing, or 
     reconstructing a Federal or non-Federal flood control 
     project, facility, or structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997; or
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997.''.
       (b) Takings.--Section 9(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1538(a)) is amended by adding at the end the 
     following:
       ``(3) Flood control projects.--For purposes of this 
     subsection, an activity of a Federal or non-Federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     Federal or non-Federal flood control project, facility, or 
     structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997; or
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997.''.
                                                                    ____


                           Amendment No. 191

       In lieu of the matter proposed to be inserted, insert the 
     following:

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

       (a) Consultation and Conferencing.--Section 7(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended 
     by adding at the end the following:
       ``(5) Flood control projects.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing, or 
     reconstructing a Federal or non-Federal flood control 
     project, facility, or structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997; or
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997.''.
       (b) Takings.--Section 9(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1538(a)) is amended by adding at the end the 
     following:
       ``(3) Flood control projects.--For purposes of this 
     subsection, an activity of a Federal or non-Federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     Federal or non-Federal flood control project, facility, or 
     structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997; or
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997.''.
                                                                    ____


                           Amendment No. 192

       In lieu of the matter proposed to be inserted, insert the 
     following:

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

       (a) Consultation and Conferencing.--Section 7(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended 
     by adding at the end the following:
       ``(5) Flood control projects.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing, or 
     reconstructing a Federal or non-Federal flood control 
     project, facility, or structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997; or
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997.''.
       (b) Takings.--Section 9(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1538(a)) is amended by adding at the end the 
     following:
       ``(3) Flood control projects.--For purposes of this 
     subsection, an activity of a Federal or non-Federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     Federal or non-Federal flood control project, facility, or 
     structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997; or
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997.''.
                                                                    ____


                           Amendment No. 193

       In lieu of the matter proposed to be inserted, insert the 
     following:

[[Page S4120]]

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

       (A) Consulation and Conferencing.--Section 7(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended 
     by adding at the end the following:
       ``(5) Flood control projects.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing, or 
     reconstructing a Federal or non-Federal flood control 
     project, facility, or structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997; or
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997.''.
       ``(b) Takings.--Section 9(a) of the Endangered Species Act 
     of 1973 (16 U.S.C. 1538(a)) is amended by adding at the end 
     the following:
       ``(3) Flood control projects.--For purposes of this 
     subsection, an activity of a Federal or non-Federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     Federal or non-Federal flood control project, facility, or 
     structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997; or
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997.''.
                                                                    ____


                           Amendment No. 194

       In lieu of the matter proposed to be inserted, insert the 
     following:

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

       (a) Consultation and Conferencing.--Section 7(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended 
     by adding at the end the following:
       ``(5) Flood control projects.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing, or 
     reconstructing a Federal or non-Federal flood control 
     project, facility, or structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997; or
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997.''.
       (b) Takings.--Section 9(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1538(a)) is amended by adding at the end the 
     following:
       ``(3) Flood control projects.--For purposes of this 
     subsection, an activity of a Federal or non-Federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     Federal or non-Federal flood control project, facility, or 
     structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997; or
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997.''.
                                                                    ____


                           Amendment No. 195

       In lieu of the matter proposed to be inserted, insert the 
     following:

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

       (a) Consultation and Conferencing.--Section 7(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended 
     by adding at the end the following:
       ``(5) Flood control projects.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing, or 
     reconstructing a Federal or non-Federal flood control 
     project, facility, or structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997; or
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997.''.
       (b) Takings.--Section 9(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1538(a)) is amended by adding at the end the 
     following:
       ``(3) Flood control projects.--For purposes of this 
     subsection, an activity of a Federal or non-Federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     Federal or non-Federal flood control project, facility, or 
     structure--
       ``(A) to address a critical, imminent threat to public 
     health or safety that arose during 1996 or 1997; or
       ``(B) to address a catastrophic natural event that occurred 
     during 1996 or 1997.''.
                                 ______
                                 

                        GORTON AMENDMENT NO. 196

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

       In lieu of the matter proposed to be inserted, insert the 
     following on page 21, after line 15:
       ``For an additional amount for `Resource Management', 
     $5,000,000, to remain available until September 30, 1999, for 
     payments to private landowners for the voluntary use of 
     private land to store water in restored wetlands.''
                                 ______
                                 

                    STEVENS AMENDMENTS NOS. 197-207

  (Ordered to lie on the table.)
  Mr. STEVENS submitted 11 amendments intended to be proposed by him to 
the bill, S. 672, supra; as follows:

                           Amendment No. 197

       At the end of the amendment add the following: ``Provided 
     further, That additional amounts made available may not be 
     obligated pursuant to the reprogramming approval procedure 
     specified in section 605 of Public Law 104-208.''
                                                                    ____


                           Amendment No. 198

       At the end of the amendment add the following: ``Provided 
     further, That additional amounts made available may not be 
     obligated pursuant to the reprogramming approval procedure 
     specified in section 605 of Public Law 104-208.''
                                                                    ____


                           Amendment No. 199

       At the end of the amendment add the following: ``Provided 
     further, That additional amounts made available may not be 
     obligated pursuant to the reprogramming approval procedure 
     specified in section 605 of Public Law 104-208.''
                                                                    ____


                           Amendment No. 200

       At the end of the amendment add the following: ``Provided 
     further, That additional amounts made available may not be 
     obligated pursuant to the reprogamming approval procedure 
     specified in section 605 of Public Law 104-208.''
                                                                    ____


                           Amendment No. 210

       AT the end of the amendment add the following: ``Provided 
     further, That additional amounts made available may not be 
     obligated pursuant to the reprogramming approval procedure 
     specified in section 605 of Public Law 104-208.
                                                                    ____


                           Amendment No. 202

       At the end of the amendment add the following: ``Provided 
     further, That additional amounts made available may not be 
     obligated pursuant to the reprogamming approval procedure 
     specified in section 605 of Public Law 104-208.''
                                                                    ____


                           Amendment No. 203

       At the end of the amendment add the following: ``Provided 
     further, That additional amounts made available may not be 
     obligated pursuant to the reprogamming approval procedure 
     specified in section 605 of Public Law 104-208.''
                                                                    ____


                           Amendment No. 204

       At the end of the amendment add the following: ``Provided 
     further, that additional amounts made available may not be 
     obligated pursuant to the reprogramming approval procedure 
     specified in section 605 of Public Law 104-208.''
                                                                    ____


                           Amendment No. 205

       In lieu of the matter proposed insert the following:
       Sec.   . None of the funds made 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 or any other statistical method [(including 
     any statistical adjustment)] in taking the 2000 decennial 
     census of population for purposes of the apportionment of 
     Representatives in Congress among the several States that 
     cannot be reversed by future congressional action.
                                                                    ____


                           Amendment No. 206

       In lieu of the matter proposed insert the following:
       Sec.   . None of the funds made 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 or any other statistical method [(including 
     any statistical adjustment)] in taking the 2000 decennial 
     census of population for purposes of the apportionment of 
     Representatives in Congress among the several States that 
     cannot be reversed by future congressional action.
                                                                    ____


                           Amendment No. 207

       In lieu of the matter proposed insert the following:
       Sec.   . None of the funds made 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 or any other statistical method [(including 
     any statistical adjustment)] in taking the 2000 decennial 
     census of population for purposes of the apportionment of 
     Representatives in Congress among the several States that 
     cannot be reversed by future congressional action.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 208

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

       At the appropriate place in the bill insert the following:
       None of the funds made available in the Foreign Operations, 
     Export Financing, and Related Programs, 1997, (as contained 
     in Public Law 104-208) may be made available for assistance 
     to Uruguay unless the Secretary of State certifies to the 
     Committees

[[Page S4121]]

     on Appropriations that all cases involving seizure of U.S. 
     business assets have been resolved.
                                 ______
                                 

                        GRAMS AMENDMENT NO. 209

  (Ordered to lie on the table.)
  Mr. GRAMS submitted an amendment intended to be proposed by him to 
the amendment No. 78 proposed by Mr. Specter to the bill, S. 672, 
supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. ____. MARKET TRANSITION CONTRACTS FOR MILK PRODUCERS; 
                   TERMINATION OF CURRENT MILK MARKETING ORDERS 
                   AND MILK PRICE SUPPORT PROGRAM.

       (a) In General.--Section 141 of the Agricultural Market 
     Transition Act (7 U.S.C. 7251) is amended to read as follows:

     ``SEC. 141. MARKET TRANSITION CONTRACTS FOR MILK PRODUCERS.

       ``(a) Definition of Milk Producer.--In this section:
       ``(1) In general.--The term `milk producer' means a person 
     that was engaged in the production of cow's milk in the 48 
     contiguous States on September 15, 1996, and that received a 
     payment during the 45-day period before that date for cow's 
     milk marketed for commercial use.
       ``(2) Inclusions.--The term `milk producer' includes a 
     person considered to be a producer-handler that satisfies the 
     requirements of paragraph (1).
       ``(b) Market Transition Contracts Authorized.--The 
     Secretary shall offer to enter into a contract (referred to 
     in this section as a `market transition contract') with 
     willing milk producers, under which the milk producers agree, 
     in exchange for payments under the contract, to comply with 
     applicable--
       ``(1) conservation requirements under subtitle B of title 
     XII of the Food Security Act of 1985 (16 U.S.C. 3811 et 
     seq.); and
       ``(2) wetland protection requirements under subtitle C of 
     title XII of that Act (16 U.S.C. 3821 et seq.).
       ``(c) Time for Contracting; Term.--
       ``(1) Time for contracting.--The Secretary shall begin to 
     offer to enter into market transition contracts as soon as 
     practicable after the date of enactment of this paragraph.
       ``(2) Term.--The term of each market transition contract 
     shall extend through December 31, 2001.
       ``(d) Estimation of Payments.--At the time the Secretary 
     enters into a market transition contract, the Secretary shall 
     provide an estimate of the payments anticipated to be made 
     under the contract for calendar year 1997.
       ``(e) Time for Payments.--
       ``(1) Initial payment.--The Secretary shall make the 
     payment for calendar year 1997 under a market transition 
     contract as soon as practicable after the date of enactment 
     of the Supplemental Appropriations and Rescissions Act of 
     1997.
       ``(2) Subsequent payments.--The Secretary shall make 
     subsequent payments under a market transition contract not 
     later than January 15 of each of calendar years 1998 through 
     2002.
       ``(f) Payment Rate.--The Secretary shall calculate payments 
     under a market transition contract for a calendar year based 
     on the maximum rate that the Secretary determines may be paid 
     using savings derived for the calendar year from the 
     termination of Federal milk marketing orders, and the milk 
     price support program, by amendments made by the Supplemental 
     Appropriations and Rescissions Act of 1997.
       ``(g) Contract Payments Based on Production History.--
       ``(1) In general.--
       ``(A) Historic production.--The Secretary shall determine 
     the historic annual milk production for each milk producer 
     that enters into a market transition contract on the basis of 
     milk checks reflecting payments for commercial marketings of 
     cow's milk or such other records of commercial marketings or 
     product sales as may be acceptable to the Secretary.
       ``(B) Hundredweights.--Each milk producer's historic annual 
     milk production shall be expressed in terms of hundredweights 
     of milk.
       ``(2) Producers with 3 or more years of production.--In the 
     case of a milk producer that has been engaged in the 
     production of milk for at least 3 calendar years during the 
     period from 1992 through 1996, the milk producer's historic 
     annual milk production shall be equal to the average quantity 
     of milk marketed by the milk producer during the 3 years of 
     the period in which the largest quantities of milk were 
     marketed by the milk producer.
       ``(3) Producers with fewer years of production.--
       ``(A) In general.--In the case of a milk producer not 
     covered by paragraph (2), the Secretary shall assign the milk 
     producer a historic annual milk production equal to an 
     annualized average of the monthly quantity of milk marketed 
     by the milk producer during the period in which the milk 
     producer has been engaged in milk production.
       ``(B) Ending date.--The Secretary shall not consider months 
     of production after December 31, 1996.
       ``(h) Calculation of Payment Amount.--The total amount to 
     be paid to a milk producer under a market transition contract 
     for a fiscal year shall be equal to the product of--
       ``(1) the payment rate in effect for that fiscal year under 
     subsection (f); and
       ``(2) the historic annual milk production for the milk 
     producer determined under subsection (g).
       ``(i) Assignment of Payments.--
       ``(1) In general.--The right of a milk producer to a 
     payment under a market transition contract shall be freely 
     assignable by the milk producer.
       ``(2) Notice.--The milk producer or assignee shall provide 
     the Secretary with notice, in such manner as the Secretary 
     may require in the market transition contract, of any 
     assignment made under this subsection.
       ``(j) Effect of Violation.--
       ``(1) Termination of contract.--
       ``(A) In general.--If a milk producer subject to a market 
     transition contract violates any requirement described in 
     subsection (b), the Secretary may terminate the producer's 
     market transition contract.
       ``(B) Forfeiture and refund.--On the termination, the milk 
     producer shall--
       ``(i) forfeit all rights to receive future payments under 
     the contract; and
       ``(ii) refund to the Secretary any payment under the 
     contract received by the producer after notification of the 
     violation, together with interest on the payment as 
     determined by the Secretary.
       ``(2) Refund or adjustment.--If the Secretary determines 
     that a violation of a market transition contract does not 
     warrant termination of the contract under paragraph (1), the 
     Secretary may require the milk producer subject to the 
     contract to--
       ``(A) refund to the Secretary any payment under the 
     contract received by the producer after notification of the 
     violation, together with interest on the payment as 
     determined by the Secretary; or
       ``(B) accept an adjustment in the amount of future payments 
     otherwise required under the contract.
       ``(k) Market Transition Contracts.--Notwithstanding any 
     other provision of law, no order issued for any fiscal year 
     under section 252 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 902) shall affect any 
     payment under any market transition contract.''.
       (b) Termination of Milk Marketing Orders.--
       (1) In general.--Section 8c of the Agricultural Adjustment 
     Act (7 U.S.C. 608c), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937, is amended--
       (A) in the first sentence of paragraph (2)--
       (i) in subparagraph (A), by striking ``Milk, fruits'' and 
     inserting ``Fruits''; and
       (ii) in subparagraph (B), by inserting ``milk,'' after 
     ``honey,''; and
       (B) by striking paragraphs (5) and (18).
       (2) Conforming amendments.--
       (A) Section 2(3) of the Agricultural Adjustment Act (7 
     U.S.C. 602(3)), reenacted with amendments by the Agricultural 
     Marketing Agreement Act of 1937, is amended by striking ``, 
     other than milk and its products,''.
       (B) Section 8c of the Agricultural Adjustment Act (7 U.S.C. 
     608c), reenacted with amendments by the Agricultural 
     Marketing Agreement Act of 1937, is amended--
       (i) in paragraph (6), by striking ``, other than milk and 
     its products,'';
       (ii) in paragraph (7)(B), by striking ``(except for milk 
     and cream to be sold for consumption in fluid form)'';
       (iii) in paragraph (11)(B), by striking ``Except in the 
     case of milk and its products, orders'' and inserting 
     ``Orders'';
       (iv) in paragraph (13)(A), by striking ``, except to a 
     retailer in his capacity as a retailer of milk and its 
     products''; and
       (v) in the first sentence of paragraph (17), by striking 
     the second proviso.
       (C) Section 8d(2) of the Agricultural Adjustment Act (7 
     U.S.C. 608d(2)), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937, is amended by 
     striking the second sentence.
       (D) Section 10(b)(2) of the Agricultural Adjustment Act (7 
     U.S.C. 610(b)(2)), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937, is amended--
       (i) by striking clause (i);
       (ii) by redesignating clauses (ii) and (iii) as clauses (i) 
     and (ii), respectively; and
       (iii) in the first sentence of clause (i) (as so 
     redesignated), by striking ``other commodity'' and inserting 
     ``commodity''.
       (E) Section 11 of the Agricultural Adjustment Act (7 U.S.C. 
     611), reenacted with amendments by the Agricultural Marketing 
     Agreement Act of 1937, is amended in the first sentence by 
     striking ``and milk, and its products,''.
       (F) Section 715 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 1994 (Public Law 103-111; 107 Stat. 1079; 7 U.S.C. 608d 
     note), is amended by striking the third proviso.
       (3) Effective date.--The amendments made by this subsection 
     take effect on the date that is 1 year after the date of 
     enactment of this Act.
                                 ______
                                 

                        GRAMS AMENDMENT NO. 210

  (Ordered to lie on the table.)
  Mr. GRAMS submitted an amendment intended to be proposed by him to 
the amendment No. 77 proposed by Mr. Specter to the bill, S. 672, 
supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

[[Page S4122]]

     SEC. ____. MARKET TRANSITION CONTRACTS FOR MILK PRODUCERS; 
                   TERMINATION OF CURRENT MILK MARKETING ORDERS 
                   AND MILK PRICE SUPPORT PROGRAM.

       (a) In General.--Section 141 of the Agricultural Market 
     Transition Act (7 U.S.C. 7251) is amended to read as follows:

     ``SEC. 141. MARKET TRANSITION CONTRACTS FOR MILK PRODUCERS.

       ``(a) Definition of Milk Producer.--In this section:
       ``(1) In general.--The term `milk producer' means a person 
     that was engaged in the production of cow's milk in the 48 
     contiguous States on September 15, 1996, and that received a 
     payment during the 45-day period before that date for cow's 
     milk marketed for commercial use.
       ``(2) Inclusions.--The term `milk producer' includes a 
     person considered to be a producer-handler that satisfies the 
     requirements of paragraph (1).
       ``(b) Market Transition Contracts Authorized.--The 
     Secretary shall offer to enter into a contract (referred to 
     in this section as a `market transition contract') with 
     willing milk producers, under which the milk producers agree, 
     in exchange for payments under the contract, to comply with 
     applicable--
       ``(1) conservation requirements under subtitle B of title 
     XII of the Food Security Act of 1985 (16 U.S.C. 3811 et 
     seq.); and
       ``(2) wetland protection requirements under subtitle C of 
     title XII of that Act (16 U.S.C. 3821 et seq.).
       ``(c) Time for Contracting; Term.--
       ``(1) Time for contracting.--The Secretary shall begin to 
     offer to enter into market transition contracts as soon as 
     practicable after the date of enactment of this paragraph.
       ``(2) Term.--The term of each market transition contract 
     shall extend through December 31, 2001.
       ``(d) Estimation of Payments.--At the time the Secretary 
     enters into a market transition contract, the Secretary shall 
     provide an estimate of the payments anticipated to be made 
     under the contract for calendar year 1997.
       ``(e) Time for Payments.--
       ``(1) Initial payment.--The Secretary shall make the 
     payment for calendar year 1997 under a market transition 
     contract as soon as practicable after the date of enactment 
     of the Supplemental Appropriations and Rescissions Act of 
     1997.
       ``(2) Subsequent payments.--The Secretary shall make 
     subsequent payments under a market transition contract not 
     later than January 15 of each of calendar years 1998 through 
     2002.
       ``(f) Payment Rate.--The Secretary shall calculate payments 
     under a market transition contract for a calendar year based 
     on the maximum rate that the Secretary determines may be paid 
     using savings derived for the calendar year from the 
     termination of Federal milk marketing orders, and the milk 
     price support program, by amendments made by the Supplemental 
     Appropriations and Rescissions Act of 1997.
       ``(g) Contract Payments Based on Production History.--
       ``(1) In general.--
       ``(A) Historic production.--The Secretary shall determine 
     the historic annual milk production for each milk producer 
     that enters into a market transition contract on the basis of 
     milk checks reflecting payments for commercial marketings of 
     cow's milk or such other records of commercial marketings or 
     product sales as may be acceptable to the Secretary.
       ``(B) Hundredweights.--Each milk producer's historic annual 
     milk production shall be expressed in terms of hundredweights 
     of milk.
       ``(2) Producers with 3 or more years of production.--In the 
     case of a milk producer that has been engaged in the 
     production of milk for at least 3 calendar years during the 
     period from 1992 through 1996, the milk producer's historic 
     annual milk production shall be equal to the average quantity 
     of milk marketed by the milk producer during the 3 years of 
     the period in which the largest quantities of milk were 
     marketed by the milk producer.
       ``(3) Producers with fewer years of production.--
       ``(A) In general.--In the case of a milk producer not 
     covered by paragraph (2), the Secretary shall assign the milk 
     producer a historic annual milk production equal to an 
     annualized average of the monthly quantity of milk marketed 
     by the milk producer during the period in which the milk 
     producer has been engaged in milk production.
       ``(B) Ending date.--The Secretary shall not consider months 
     of production after December 31, 1996.
       ``(h) Calculation of Payment Amount.--The total amount to 
     be paid to a milk producer under a market transition contract 
     for a fiscal year shall be equal to the product of--
       ``(1) the payment rate in effect for that fiscal year under 
     subsection (f); and
       ``(2) the historic annual milk production for the milk 
     producer determined under subsection (g).
       ``(i) Assignment of Payments.--
       ``(1) In general.--The right of a milk producer to a 
     payment under a market transition contract shall be freely 
     assignable by the milk producer.
       ``(2) Notice.--The milk producer or assignee shall provide 
     the Secretary with notice, in such manner as the Secretary 
     may require in the market transition contract, of any 
     assignment made under this subsection.
       ``(j) Effect of Violation.--
       ``(1) Termination of contract.--
       ``(A) In general.--If a milk producer subject to a market 
     transition contract violates any requirement described in 
     subsection (b), the Secretary may terminate the producer's 
     market transition contract.
       ``(B) Forfeiture and refund.--On the termination, the milk 
     producer shall--
       ``(i) forfeit all rights to receive future payments under 
     the contract; and
       ``(ii) refund to the Secretary any payment under the 
     contract received by the producer after notification of the 
     violation, together with interest on the payment as 
     determined by the Secretary.
       ``(2) Refund or adjustment.--If the Secretary determines 
     that a violation of a market transition contract does not 
     warrant termination of the contract under paragraph (1), the 
     Secretary may require the milk producer subject to the 
     contract to--
       ``(A) refund to the Secretary any payment under the 
     contract received by the producer after notification of the 
     violation, together with interest on the payment as 
     determined by the Secretary; or
       ``(B) accept an adjustment in the amount of future payments 
     otherwise required under the contract.
       ``(k) Market Transition Contracts.--Notwithstanding any 
     other provision of law, no order issued for any fiscal year 
     under section 252 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 902) shall affect any 
     payment under any market transition contract.''.
       (b) Termination of Milk Marketing Orders.--
       (1) In general.--Section 8c of the Agricultural Adjustment 
     Act (7 U.S.C. 608c), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937, is amended--
       (A) in the first sentence of paragraph (2)--
       (i) in subparagraph (A), by striking ``Milk, fruits'' and 
     inserting ``Fruits''; and
       (ii) in subparagraph (B), by inserting ``milk,'' after 
     ``honey,''; and
       (B) by striking paragraphs (5) and (18).
       (2) Conforming amendments.--
       (A) Section 2(3) of the Agricultural Adjustment Act (7 
     U.S.C. 602(3)), reenacted with amendments by the Agricultural 
     Marketing Agreement Act of 1937, is amended by striking ``, 
     other than milk and its products,''.
       (B) Section 8c of the Agricultural Adjustment Act (7 U.S.C. 
     608c), reenacted with amendments by the Agricultural 
     Marketing Agreement Act of 1937, is amended--
       (i) in paragraph (6), by striking ``, other than milk and 
     its products,'';
       (ii) in paragraph (7)(B), by striking ``(except for milk 
     and cream to be sold for consumption in fluid form)'';
       (iii) in paragraph (11)(B), by striking ``Except in the 
     case of milk and its products, orders'' and inserting 
     ``Orders'';
       (iv) in paragraph (13)(A), by striking ``, except to a 
     retailer in his capacity as a retailer of milk and its 
     products''; and
       (v) in the first sentence of paragraph (17), by striking 
     the second proviso.
       (C) Section 8d(2) of the Agricultural Adjustment Act (7 
     U.S.C. 608d(2)), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937, is amended by 
     striking the second sentence.
       (D) Section 10(b)(2) of the Agricultural Adjustment Act (7 
     U.S.C. 610(b)(2)), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937, is amended--
       (i) by striking clause (i);
       (ii) by redesignating clauses (ii) and (iii) as clauses (i) 
     and (ii), respectively; and
       (iii) in the first sentence of clause (i) (as so 
     redesignated), by striking ``other commodity'' and inserting 
     ``commodity''.
       (E) Section 11 of the Agricultural Adjustment Act (7 U.S.C. 
     611), reenacted with amendments by the Agricultural Marketing 
     Agreement Act of 1937, is amended in the first sentence by 
     striking ``and milk, and its products,''.
       (F) Section 715 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 1994 (Public Law 103-111; 107 Stat. 1079; 7 U.S.C. 608d 
     note), is amended by striking the third proviso.
       (3) Effective date.--The amendments made by this subsection 
     take effect on the date that is 1 year after the date of 
     enactment of this Act.
                                 ______
                                 

                        GRAMS AMENDMENT NO. 211

  (Ordered to lie on the table.)
  Mr. GRAMS submitted an amendment intended to be proposed by him to 
the amendment No. 76 proposed by Mr. Specter to the bill, S. 672, 
supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. ____. MARKET TRANSITION CONTRACTS FOR MILK PRODUCERS; 
                   TERMINATION OF CURRENT MILK MARKETING ORDERS 
                   AND MILK PRICE SUPPORT PROGRAM.

       (a) In General.--Section 141 of the Agricultural Market 
     Transition Act (7 U.S.C. 7251) is amended to read as follows:

     ``SEC. 141. MARKET TRANSITION CONTRACTS FOR MILK PRODUCERS.

       ``(a) Definition of Milk Producer.--In this section:
       ``(1) In general.--The term `milk producer' means a person 
     that was engaged in the production of cow's milk in the 48 
     contiguous

[[Page S4123]]

     States on September 15, 1996, and that received a payment 
     during the 45-day period before that date for cow's milk 
     marketed for commercial use.
       ``(2) Inclusions.--The term `milk producer' includes a 
     person considered to be a producer-handler that satisfies the 
     requirements of paragraph (1).
       ``(b) Market Transition Contracts Authorized.--The 
     Secretary shall offer to enter into a contract (referred to 
     in this section as a `market transition contract') with 
     willing milk producers, under which the milk producers agree, 
     in exchange for payments under the contract, to comply with 
     applicable--
       ``(1) conservation requirements under subtitle B of title 
     XII of the Food Security Act of 1985 (16 U.S.C. 3811 et 
     seq.); and
       ``(2) wetland protection requirements under subtitle C of 
     title XII of that Act (16 U.S.C. 3821 et seq.).
       ``(c) Time for Contracting; Term.--
       ``(1) Time for contracting.--The Secretary shall begin to 
     offer to enter into market transition contracts as soon as 
     practicable after the date of enactment of this paragraph.
       ``(2) Term.--The term of each market transition contract 
     shall extend through December 31, 2001.
       ``(d) Estimation of Payments.--At the time the Secretary 
     enters into a market transition contract, the Secretary shall 
     provide an estimate of the payments anticipated to be made 
     under the contract for calendar year 1997.
       ``(e) Time for Payments.--
       ``(1) Initial payment.--The Secretary shall make the 
     payment for calendar year 1997 under a market transition 
     contract as soon as practicable after the date of enactment 
     of the Supplemental Appropriations and Rescissions Act of 
     1997.
       ``(2) Subsequent payments.--The Secretary shall make 
     subsequent payments under a market transition contract not 
     later than January 15 of each of calendar years 1998 through 
     2002.
       ``(f) Payment Rate.--The Secretary shall calculate payments 
     under a market transition contract for a calendar year based 
     on the maximum rate that the Secretary determines may be paid 
     using savings derived for the calendar year from the 
     termination of Federal milk marketing orders, and the milk 
     price support program, by amendments made by the Supplemental 
     Appropriations and Rescissions Act of 1997.
       ``(g) Contract Payments Based on Production History.--
       ``(1) In general.--
       ``(A) Historic production.--The Secretary shall determine 
     the historic annual milk production for each milk producer 
     that enters into a market transition contract on the basis of 
     milk checks reflecting payments for commercial marketings of 
     cow's milk or such other records of commercial marketings or 
     product sales as may be acceptable to the Secretary.
       ``(B) Hundredweights.--Each milk producer's historic annual 
     milk production shall be expressed in terms of hundredweights 
     of milk.
       ``(2) Producers with 3 or more years of production.--In the 
     case of a milk producer that has been engaged in the 
     production of milk for at least 3 calendar years during the 
     period from 1992 through 1996, the milk producer's historic 
     annual milk production shall be equal to the average quantity 
     of milk marketed by the milk producer during the 3 years of 
     the period in which the largest quantities of milk were 
     marketed by the milk producer.
       ``(3) Producers with fewer years of production.--
       ``(A) In general.--In the case of a milk producer not 
     covered by paragraph (2), the Secretary shall assign the milk 
     producer a historic annual milk production equal to an 
     annualized average of the monthly quantity of milk marketed 
     by the milk producer during the period in which the milk 
     producer has been engaged in milk production.
       ``(B) Ending date.--The Secretary shall not consider months 
     of production after December 31, 1996.
       ``(h) Calculation of Payment Amount.--The total amount to 
     be paid to a milk producer under a market transition contract 
     for a fiscal year shall be equal to the product of--
       ``(1) the payment rate in effect for that fiscal year under 
     subsection (f); and
       ``(2) the historic annual milk production for the milk 
     producer determined under subsection (g).
       ``(i) Assignment of Payments.--
       ``(1) In general.--The right of a milk producer to a 
     payment under a market transition contract shall be freely 
     assignable by the milk producer.
       ``(2) Notice.--The milk producer or assignee shall provide 
     the Secretary with notice, in such manner as the Secretary 
     may require in the market transition contract, of any 
     assignment made under this subsection.
       ``(j) Effect of Violation.--
       ``(1) Termination of contract.--
       ``(A) In general.--If a milk producer subject to a market 
     transition contract violates any requirement described in 
     subsection (b), the Secretary may terminate the producer's 
     market transition contract.
       ``(B) Forfeiture and refund.--On the termination, the milk 
     producer shall--
       ``(i) forfeit all rights to receive future payments under 
     the contract; and
       ``(ii) refund to the Secretary any payment under the 
     contract received by the producer after notification of the 
     violation, together with interest on the payment as 
     determined by the Secretary.
       ``(2) Refund or adjustment.--If the Secretary determines 
     that a violation of a market transition contract does not 
     warrant termination of the contract under paragraph (1), the 
     Secretary may require the milk producer subject to the 
     contract to--
       ``(A) refund to the Secretary any payment under the 
     contract received by the producer after notification of the 
     violation, together with interest on the payment as 
     determined by the Secretary; or
       ``(B) accept an adjustment in the amount of future payments 
     otherwise required under the contract.
       ``(k) Market Transition Contracts.--Notwithstanding any 
     other provision of law, no order issued for any fiscal year 
     under section 252 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 902) shall affect any 
     payment under any market transition contract.''.
       (b) Termination of Milk Marketing Orders.--
       (1) In general.--Section 8c of the Agricultural Adjustment 
     Act (7 U.S.C. 608c), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937, is amended--
       (A) in the first sentence of paragraph (2)--
       (i) in subparagraph (A), by striking ``Milk, fruits'' and 
     inserting ``Fruits''; and
       (ii) in subparagraph (B), by inserting ``milk,'' after 
     ``honey,''; and
       (B) by striking paragraphs (5) and (18).
       (2) Conforming amendments.--
       (A) Section 2(3) of the Agricultural Adjustment Act (7 
     U.S.C. 602(3)), reenacted with amendments by the Agricultural 
     Marketing Agreement Act of 1937, is amended by striking ``, 
     other than milk and its products,''.
       (B) Section 8c of the Agricultural Adjustment Act (7 U.S.C. 
     608c), reenacted with amendments by the Agricultural 
     Marketing Agreement Act of 1937, is amended--
       (i) in paragraph (6), by striking ``, other than milk and 
     its products,'';
       (ii) in paragraph (7)(B), by striking ``(except for milk 
     and cream to be sold for consumption in fluid form)'';
       (iii) in paragraph (11)(B), by striking ``Except in the 
     case of milk and its products, orders'' and inserting 
     ``Orders'';
       (iv) in paragraph (13)(A), by striking ``, except to a 
     retailer in his capacity as a retailer of milk and its 
     products''; and
       (v) in the first sentence of paragraph (17), by striking 
     the second proviso.
       (C) Section 8d(2) of the Agricultural Adjustment Act (7 
     U.S.C. 608d(2)), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937, is amended by 
     striking the second sentence.
       (D) Section 10(b)(2) of the Agricultural Adjustment Act (7 
     U.S.C. 610(b)(2)), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937, is amended--
       (i) by striking clause (i);
       (ii) by redesignating clauses (ii) and (iii) as clauses (i) 
     and (ii), respectively; and
       (iii) in the first sentence of clause (i) (as so 
     redesignated), by striking ``other commodity'' and inserting 
     ``commodity''.
       (E) Section 11 of the Agricultural Adjustment Act (7 U.S.C. 
     611), reenacted with amendments by the Agricultural Marketing 
     Agreement Act of 1937, is amended in the first sentence by 
     striking ``and milk, and its products,''.
       (F) Section 715 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 1994 (Public Law 103-111; 107 Stat. 1079; 7 U.S.C. 608d 
     note), is amended by striking the third proviso.
       (3) Effective date.--The amendments made by this subsection 
     take effect on the date that is 1 year after the date of 
     enactment of this Act.
                                 ______
                                 

                        GRAMS AMENDMENT NO. 212

  (Ordered to lie on the table.)
  Mr. GRAMS submitted an amendment intended to be proposed by him to 
the amendment No. 78 proposed by Mr. Specter to the bill, S. 672, 
supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC.  . REPEAL OF CONSENT OF CONGRESS FOR NORTHEAST 
                   INTERSTATE DAIRY COMPACT.

       Section 147 of the Agricultural Market Transition Act (7 
     U.S.C. 7256) is repealed.
                                 ______
                                 

                        GRAMS AMENDMENT NO. 213

  (Ordered to lie on the table.)
  Mr. GRAMS submitted an amendment intended to be proposed by him to 
the amendment No. 76 proposed by Mr. Specter to the bill, S. 672, 
supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC.  . REPEAL OF CONSENT OF CONGRESS FOR NORTHEAST 
                   INTERSTATE DAIRY COMPACT.

       Section 147 of the Agricultural Market Transition Act (7 
     U.S.C. 7256) is repealed.
                                 ______
                                 

                        GRAMS AMENDMENT NO. 214

  (Ordered to lie on the table.)
  Mr. GRAMS submitted an amendment intended to be proposed by him

[[Page S4124]]

to the amendment No. 77 proposed by Mr. Specter to the bill, S. 672, 
supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC.  . REPEAL OF CONSENT OF CONGRESS FOR NORTHEAST 
                   INTERSTATE DAIRY COMPACT.

       Section 147 of the Agricultural Market Transition Act (7 
     U.S.C. 7256) is repealed.
                                 ______
                                 

                        McCAIN AMENDMENT NO. 215

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
the amendment No. 113 proposed by Mr. McCain to the bill, S. 672, 
supra; as follows:

       On page 2, line 14, delete the period at the end of the 
     sentence and insert in lieu thereof the following: ``. The 
     Secretary of the Interior may apply the policy referred to in 
     this section to all counties nationwide that were declared 
     Federal Disaster Areas at any time prior to 1997.''.
                                 ______
                                 

                 D'AMATO (AND OTHERS) AMENDMENT NO. 216

  (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 them to the bill, S. 672, supra; as follows:

       At the end of the pending amendment, 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

[[Page S4125]]

     (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, 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

[[Page S4126]]

     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 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.
                                 ______
                                 

                    HOLLINGS AMENDMENTS NOS. 217-218

  (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. 217

       Strike all after the section number in the pending 
     amendment and insert the following:
       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 conduct of the year 2000 
     decennial census in a manner that is not the most cost 
     effective and in a manner that will not provide for greater 
     accuracy in estimating population than the year 1990 census.
                                                                    ____


                           Amendment No. 218

       Strike all after the section number in the pending 
     amendment and insert the following:
       None of the funds made available in any appropriations Act 
     for fiscal year 1997 may be used by the Department of 
     Commerce to make plans irreversible plans or preparation for 
     the use of sampling or any other statistical method 
     (including any statistical adjustment) in taking the 2000 
     decennial census of population for purposes of the 
     apportionment of Representatives in Congress among the 
     States.
                                 ______
                                 

                       FEINGOLD AMENDMENT NO. 219

  (Ordered to lie on the table.)
  Mr. FEINGOLD submitted an amendment intended to be proposed by him to 
amendment No. 84 submitted by him to the bill, S. 672, supra; as 
follows:

       On page 4, line 6, strike out ``September 30, 1997'' and 
     insert in lieu thereof ``June 30, 1998''.
                                 ______
                                 

                       FEINGOLD AMENDMENT NO. 220

  (Ordered to lie on the table.)
  Mr. FEINGOLD submitted an amendment intended to be proposed by him to 
amendment No. 83 submitted by him to the bill, S. 672, supra; as 
follows:

       Strike out ``September 30, 1997'' and insert in lieu 
     thereof ``June 30, 1998''.
                                 ______
                                 

                       FEINGOLD AMENDMENT NO. 221

  (Ordered to lie on the table.)
  Mr. FEINGOLD submitted an amendment intended to be proposed by him to 
amendment No. 76 submitted by Mr. Specter to the bill, S. 672, supra; 
as follows:

       On page 3, line 1, strike ``The authority provided by 
     subsection'' and insert in lieu thereof ``Subsection''.
                                 ______
                                 

               REID (AND BAUCUS) AMENDMENTS NOS. 222-223

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

                           Amendment No. 222

       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.
                                                                    ____


                           Amendment No. 223

       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.

[[Page S4127]]

                                 ______
                                 

                STEVENS (AND DOMENICI) AMENDMENT NO. 224

  Mr. STEVENS (for himself and Mr. Domenici) proposed an amendment to 
amendment No. 131 submitted by Mr. Biden to the bill, S. 672, supra; as 
follows:

       Strike line 5 of amendment #131 and all thereafter and 
     insert the following:
       The Secretary of the Interior or his designee shall serve 
     as the alternate member of the Susquehana River Basin 
     Commission appointed under the Susquehana River Basin Compact 
     (Public Law 91-575) and the alternate member of the Delaware 
     River Basin Commission appointed under the Delaware River 
     Basin Compact (Public Law 87-328).
                                 ______
                                 

                STEVENS (AND DOMENICI) AMENDMENT NO. 225

  Mr. STEVENS (for himself and Mr. Domenici) proposed an amendment to 
amendment No. 70 submitted by Mr. Johnson to the bill, S. 672, supra; 
as follows:

       On line 7 of amendment #70, following ``(Public Law 99-662; 
     100 Stat. 4128)'', insert the following:
       If the Secretary of the Army determines that the need for 
     such restoration and improvements constitutes an emergency.
                                 ______
                                 

                STEVENS (AND DOMENICI) AMENDMENT NO. 226

  (Ordered to lie on the table.)
  Mr. STEVENS (for himself and Mr. Domenici) submitted an amendment 
intended to be proposed by them to amendment No. 132 submitted by Mr. 
Biden to the bill, S. 672, supra; as follows:

       Strike line 5 of amendment #132 and all thereafter and 
     insert the following:
       The Secretary of the Interior or his designee shall serve 
     as the alternate member of the Susquehana River Basin 
     Commission appointed under the Susquehana River Basin Compact 
     (Public Law 91-575) and the alternate member of the Delaware 
     River Basin Commission appointed under the Delaware River 
     Basin Compact (Public Law 87-328).
                                 ______
                                 

                       HOLLINGS AMENDMENT NO. 227

  (Ordered to lie on the table.)
  Mr. HOLLINGS submitted an amendment intended to be proposed by him to 
amendment No. 79 submitted by Mr. Coats to the bill, S. 672, supra; as 
follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC.   . CHILDREN'S VIOLENCE PROTECTION.

       (a) Short Title.--This section may be cited as the 
     ``Children's Protection from Violent Programming Act''.
       (b) 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.
       (c) 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 news 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.''.
       (d) Assessment of Effectiveness.--
       (1) Report.--The Federal Communications Commission shall--
       (A) 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
       (B) 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 subsection (c) of this section) take 
     effect, and thereafter as part of the biennial review of 
     regulations required by section 11 of that Act (47 U.S.C. 
     161).
       (2) Action.--If the Commission finds at any time, as a 
     result if its assessment under paragraph (1), that the 
     measures referred to in paragraph (1)(A) 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.
       (3) Definitions.--Any term used in this subsection 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 
     same meaning as when used in that section or in those 
     regulations.
       (e) Separability.--If any provision of this section, or any 
     provision of an amendment made by this Act, or the 
     application thereof to particular persons or circumstances, 
     if 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.
       (f) Effective Date.--The prohibition contained in section 
     718 of the Communications Act of 1934 (as added by subsection 
     (c) of this section) and the regulations promulgated 
     thereunder shall take effect 1 year after the regulations are 
     adopted by the Commission.

[[Page S4128]]

                                 ______
                                 

                       STEVENS AMENDMENT NO. 228

  (Ordered to lie on the table.)
  Mr. STEVENS submitted an amendment intended to be proposed by him to 
amendment No. 110 submitted by Mr. McCain to the bill, S. 672, supra; 
as follows:

       In amendment number 110, beginning with the word 
     ``provisos:'' on line 2, strike all through ``proposal'' on 
     line 6 and insert in lieu thereof ``sentence:
       ``Consistent with the restriction in the preceding sentence 
     and within 90 days of the date of enactment of this Act, the 
     Secretary of the Interior, in consultation with State and 
     local government officials in each affected State, shall 
     submit to Congress a proposal that defers to State law and 
     incorporates the rules, regulations, and policies applicable 
     to the Bureau of Land Management regarding rights of way 
     established pursuant to Revised Statutes 2477 (43 U.S.C. 
     932), as such rules, regulations, and policies were in effect 
     prior to October 1, 1993, and the recommendations of affected 
     State and local government officials''.
                                 ______
                                 

                        GREGG AMENDMENT NO. 229

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

       In lieu of the language proposed to be inserted, 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 agreement;
       (C) the officers of the Federal Government and the European 
     Union Commission are meeting to resolve 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 could 
     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 United States should continue to press its 
     negotiating objectives in order to maintain both the high 
     United States health and safety standards and to facilitate 
     trade between the United States and the European Union.
       (B) assuming the European Union Commission demonstrates the 
     necessary flexibility, the officers of the Federal Government 
     and the European Union Commission should on, an expedited 
     basis, 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
       (C) the Secretary of Health and Human Services, in 
     coordination with the USTR and other appropriate agencies, 
     should facilitate the conclusion of negotiations between the 
     European Union Commission and the officers of the Federal 
     Government with respect to the mutual recognition agreement;
       (2) the Secretary of Health and Human Services should 
     separately participate in meeting 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)), in coordination with USTR, 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.
       (4) This section shall become effective one day after the 
     date of enactment.
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 230

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted an amendment intended to be proposed by her 
to amendment No. 171 submitted by Mr. Reid to the bill, S. 672, supra; 
as follows:

       On line 3, strike all that follows and insert the 
     following:
       ``(5) Flood control levees.--Consultation or conferencing 
     under paragraph (2) or (4) is not required for an agency 
     action that consists of operating, maintaining, repairing or 
     reconstructing a federal or non-federal flood control levee 
     for any area subject to flooding.''.
       (b) Takings.--Section 9(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1538(a)) is amended by adding at the end the 
     following:
       ``(3) Flood control levees.--For purposes of this 
     subsection, an activity of a federal or non-federal person is 
     not a taking of a species if the activity consists of 
     operating, maintaining, repairing, or reconstructing a 
     federal or non-federal flood control levee for any area 
     subject to flooding.''.
                                 ______
                                 

                HOLLINGS (AND OTHERS) AMENDMENT NO. 231

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

       On page 47 strike lines 14 through 18 and insert the 
     following:
       Sec. 303. None of the funds made available in any 
     appropriations Act for fiscal year 1997 may be used by the 
     Department of Commerce to make irreversible plans or 
     preparation for the use of sampling or any other statistical 
     method (including any statistical adjustment) in taking the 
     2000 decennial census of population for purposes of the 
     apportionment of Representatives in Congress among the 
     States.
                                 ______
                                 

                     CONRAD AMENDMENTS NOS. 232-234

  Mr. STEVENS (for Mr. Conrad) proposed three amendments to the bill, 
S. 672, supra; as follows:

                           Amendment No. 232

       On page 9, line 21, strike ``emergency insured'' and insert 
     in lieu thereof ``direct and guaranteed''.
       On page 9, line 25, strike ``$18,000,000, to remain 
     available until expended'' and insert in lieu thereof 
     ``$28,000,000, to remain available until expended, of which 
     $18,000,000 shall be available for emergency insured loans 
     and $10,000,000 shall be available for subsidized guaranteed 
     operating loans''.
       On page 10 line 3, strike ``$18,000,000'' and insert in 
     lieu thereof ``$28,000,000''.
                                                                    ____


                           Amendment No. 233

       On page 74, between lines 4 and 5, insert:

                      ``Food and Consumer Service


                 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 $80,000,000.''
                                                                    ____


                           Amendment No. 234

       On page 13, line 1, strike ``$161,000,000'' and insert 
     ``$171,000,000''.
       On page 13, line 15, strike ``$10,000,000'' and insert 
     ``$20,000,000''.
                                 ______
                                 

                 KERREY (AND DORGAN) AMENDMENT NO. 235

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

       At the appropriate place in the bill insert the following 
     new language:
       Sec.   . Section 45301(b)(1)(A) of title 49, United States 
     Code, is amended by inserting before the semicolon ``and at 
     least $50,000,000 in FY 1998 and every year thereafter''.

                          ____________________