[Congressional Record Volume 143, Number 106 (Thursday, July 24, 1997)]
[Senate]
[Pages S8099-S8101]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND 
        RELATED AGENCIES APPROPRIATIONS ACT FOR FISCAL YEAR 1998

                                 ______
                                 

                        GREGG AMENDMENT NO. 979

  Mr. GREGG proposed an amendment to the bill (S. 1022) making 
appropriations for the Departments of Commerce, Justice, and State, the 
Judiciary, and related agencies for the fiscal year ending September 
30, 1998, and for other purposes; as follows:

       On page 65, strike lines 3 through 9 and insert the 
     following:
       Sec. 119. Section 203(p)(1) of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 484(p)(1)) is 
     amended--
       (1) by inserting ``(A)'' after ``(1)''; and
       (2) by adding at the end the following new subparagraph:
       ``(B)(i) The Administrator may exercise the authority under 
     subparagraph (A) with respect to such surplus real and 
     related property needed by the transferee or grantee for--
       ``(I) law enforcement purposes, as determined by the 
     Attorney General; or
       ``(II) emergency management response purposes, including 
     fire and rescue services, as determined by the Director of 
     the Federal Emergency Management Agency.
       ``(ii) The authority provided under this subparagraph shall 
     terminate on December 31, 1999.''
                                 ______
                                 

                      BROWNBACK AMENDMENT NO. 980

  Mr. BROWNBACK proposed an amendment to the bill, S. 1022, supra; as 
follows:

       At the appropriate place in title VI, insert the following:
       Sec. 6  . Section 28(d) of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278n(d)) is amended 
     by adding at the end the following:
       ``(12) For each fiscal year following fiscal year 1997, the 
     Secretary may not enter into a contract with, or make an 
     award to, a corporation under the Program, or otherwise 
     permit the participation of the corporation in the Program 
     (individually, or through a joint venture or consortium) if 
     that corporation, for the fiscal year immediately preceding 
     that fiscal year, has revenues that exceed $2,500,000,000.''.

[[Page S8100]]

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                  LUGAR (AND OTHERS) AMENDMENT NO. 981

  Mr. LUGAR (for himself, Mr. McConnell, Mr. Leahy, Mr. Graham, Mr. 
Lieberman, Mr. Roth, Mr. Dodd, Mr. Mack, and Ms. Mikulski) proposed an 
amendment to the bill, S. 1022, supra; as follows:

       On page 113, line 7, after the word ``expended.'' insert 
     the following new heading and section:


                    national endowment for democracy

       For grants made by the United States information Agency to 
     the National Endowment for Democracy as authorized by the 
     National Endowment Democracy Act, $30,000,000 to remain 
     available until expended.
       On page 100, line 24 strike ``$105,000,000'' and insert 
     ``$75,000,000''.
                                 ______
                                 

                McCONNELL (AND OTHERS) AMENDMENT NO. 982

  Mr. McCONNELL (for himself, Mr. Lugar, Mr. Leahy, Mr. Graham, Mr. 
Lieberman, Mr. Roth, Mr. Dodd, Mr. Mack, and Ms. Mikulski) proposed an 
amendment to amendment No. 981 proposed by Mr. Lugar to the bill, S. 
1022, supra; as follows:

       On page 113, line 7, after the word ``expended.'' insert 
     the following new heading and section:


                    national endowment for democracy

       For grants made by the United States Information Agency to 
     the National Endowment for Democracy as authorized by the 
     National Endowment Democracy Act, $30,000,000 to remain 
     available until expended. This shall become effective one day 
     after enactment of this Act.
       On page 100, line 24, strike ``$105,000,000'' and insert 
     ``$75,000,000''.
                                 ______
                                 

                        WARNER AMENDMENT NO. 983

  (Ordered to lie on the table.)
  Mr. WARNER submitted an amendment intended to be proposed by him to 
the bill, S. 1022, supra; as follows:

       In Section 112(c)(6)(A) before the semicolon insert the 
     following: ``subject to the provisions of the Federal 
     Property and Administrative Services Act of 1949, as amended, 
     (40 U.S.C. 471 and following) and the Public Buildings Act of 
     1959 (40 U.S.C. 601-619).''
       In Section 112(c)(6) be further amended by: (1) striking 
     the word ``and'' after the semicolon, (2) by inserting 
     ``and'' after the semicolon in subparagraph (B), and (3) by 
     adding the following paragraphs (C):
       ``(C) The General Services Administration is authorized to 
     and shall continue the on-going procurement to consolidate or 
     relocate the organization's headquarters facilities in 
     accordance with the authority granted pursuant to the Public 
     Buildings Act of 1959 (40 U.S.C. Sec. Sec. 601-619) and 
     authorizing Committee Resolutions.''.
       In Section 112(c)(7)(A), strike ``without regard to'' and 
     insert ``subject to'', add ``of 1959'' after ``Public 
     Buildings Act'' and strike ``and the'' before ``Stewart B. 
     McKinney Homeless Assistance Act.'' and insert ``and without 
     regard to the''.
       In Section 112(c)(12) strike ``including revenues from the 
     sale, lease, or disposal of any real, personal, or mixed 
     property, or interest therein,''.
                                 ______
                                 

                  LUGAR (AND OTHERS) AMENDMENT NO. 984

  Mr. LUGAR (for himself, Mr. Leahy, Mr. McConnell, Mr. Graham, Mr. 
Dodd, Mr. Roth, Mr. Lieberman, Mr. Mack, and Ms. Mikulski):

       Strike all after the last word in the bill and substitute 
     the following:
     ``1998

     ``SEC.   . NATIONAL ENDOWMENT FOR DEMOCRACY.

       ``For grants made by the United States Information Agency 
     to the National Endowment for Democracy as authorized by the 
     National Endowment for Democracy Act, $30,000,000, to remain 
     available until expended. The language on page 100, line 24 
     to wit, `$105,000,000' is deemed to be `$75,000,000'.''
                                 ______
                                 

                McCONNELL (AND OTHERS) AMENDMENT NO. 985

  Mr. McCONNELL (for himself, Mr. Leahy, Mr. Lugar, Mr. Graham, Mr. 
Dodd, Mr. Roth, Mr. Lieberman, Mr. Mack, and Ms. Mikulski) proposed an 
amendment to amendment No. 984 proposed by Mr. Lugar to the bill, S. 
1022, supra; as follows:

       Strike all after the word ``1998'' on line 4 of the 
     underlying amendment and substitute the following:

     SEC.   . NATIONAL ENDOWMENT FOR DEMOCRACY.

       For grants made by the United States Information Agency to 
     the National Endowment for Democracy as authorized by the 
     National Endowment for Democracy Act, $30,000,000 to remain 
     available until expended. The language on page 100, line 24 
     to wit, ``$105,000,000'' is deemed to be ``$75,000,000''. 
     This shall become effective one day after enactment of this 
     Act.''
                                 ______
                                 

                FEINSTEIN (AND OTHERS) AMENDMENT NO. 986

  Mrs. FEINSTEIN (for herself, Mr. Leahy, Mrs. Murray, Mrs. Boxer, Mr. 
Reid, and Mr. Bryan) proposed an amendment to the bill, S. 1022, supra; 
as follows:

       On page 93, line 5, strike all through line 15 on page 97 
     and insert the following new section:

     SEC. 305. COMMISSION ON STRUCTURAL ALTERNATIVES FOR THE 
                   FEDERAL COURTS OF APPEALS.

       (a) Establishment and Functions of Commission.--
       (1) Establishment.--There is established a Commission on 
     Structural Alternatives for the Federal Courts of Appeals 
     (hereinafter referred to as the ``Commission'').
       (2) Functions.--The functions of the Commission shall be 
     to--
       (A) study the present division of the United States into 
     the several judicial circuits;
       (B) study the structure and alignment of the Federal Court 
     of Appeals system, with particular reference to the Ninth 
     Circuit; and
       (C) report to the President and the Congress its 
     recommendations for such changes in circuit boundaries or 
     structure as may be appropriate for the expeditious and 
     effective disposition of the caseload of the Federal Courts 
     of Appeals, consistent with fundamental concepts of fairness 
     and due process.
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of 10 
     members appointed as follows:
       (A) One member appointed by the President of the United 
     States.
       (B) One member appointed by the Chief Justice of the United 
     States.
       (C) Two members appointed by the Majority Leader of the 
     Senate.
       (D) Two members appointed by the Minority Leader of the 
     Senate.
       (E) Two members appointed by the Speaker of the House of 
     Representatives.
       (F) Two members appointed by the Minority Leader of the 
     House of Representatives.
       (2) Appointment.--The members of the Commission shall be 
     appointed within 60 days after the date of the enactment of 
     this Act.
       (3) Vacancy.--Any vacancy in the Commission shall be filled 
     in the same manner as the original appointment.
       (4) Chair.--The Commission shall elect a Chair and Vice 
     Chair from among its members.
       (5) Quorum.--Six members of the Commission shall constitute 
     a quorum, but three may conduct hearings.
       (c) Compensation.--
       (1) In general.--Members of the Commission who are 
     officers, or full-time employees, of the United States shall 
     receive no additional compensation for their services, but 
     shall be reimbursed for travel, subsistence, and other 
     necessary expenses incurred in the performance of duties 
     vested in the Commission, but not in excess of the maximum 
     amounts authorized under section 456 of title 28, United 
     States Code.
       (2) Private members.--Members of the Commission from 
     private life shall receive $200 for each day (including 
     travel time) during which the member is engaged in the actual 
     performance of duties vested in the Commission, plus 
     reimbursement for travel, subsistence, and other necessary 
     expenses incurred in the performance of such duties, but not 
     in excess of the maximum amounts authorized under section 456 
     of title 28, United States Code.
       (d) Personnel.--
       (1) Executive director.--The Commission may appoint an 
     Executive Director who shall receive compensation at a rate 
     not exceeding the rate prescribed for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (2) Staff.--The Executive Director, with the approval of 
     the Commission, may appoint and fix the compensation of such 
     additional personnel as the Executive Director determines 
     necessary, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service or the provisions of chapter 51 and subchapter III of 
     chapter 53 of such title relating to classification and 
     General Schedule pay rates. Compensation under this paragraph 
     shall not exceed the annual maximum rate of basic pay for a 
     position above GS-15 of the General Schedule under section 
     5108 of title 5, United States Code.
       (3) Experts and consultants.--The Executive Director may 
     procure personal services of experts and consultants as 
     authorized by section 3109 of title 5, United States Code, at 
     rates not to exceed the highest level payable under the 
     General Schedule pay rates under section 5332 of title 5, 
     United States Code.
       (4) Services.--The Administrative Office of the United 
     States Courts shall provide administrative services, 
     including financial and budgeting services, to the Commission 
     on a reimbursable basis. The Federal Judicial Center shall 
     provide necessary research services to the Commission on a 
     reimbursable basis.
       (e) Information.--The Commission is authorized to request 
     from any department, agency, or independent instrumentality 
     of the Government any information and assistance the 
     Commission determines necessary to carry out its functions 
     under this section. Each such department, agency, and 
     independent instrumentality is authorized to

[[Page S8101]]

     provide such information and assistance to the extent 
     permitted by law when requested by the Chair of the 
     Commission.
       (f) Report.--No later than 18 months following the date on 
     which its sixth member is appointed in accordance with 
     subsection (b)(2), the Commission shall submit its report to 
     the President and the Congress. The Commission shall 
     terminate 90 days after the date of the submission of its 
     report.
       (g) Congressional Consideration.--No later than 60 days 
     after the submission of the report, the Committees on the 
     Judiciary of the House of Representatives and the Senate 
     shall act on the report.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Commission such sums, not to exceed 
     $900,000, as may be necessary to carry out the purposes of 
     this section. Such sums as are appropriated shall remain 
     available until expended.

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