[Congressional Record Volume 143, Number 109 (Tuesday, July 29, 1997)]
[Senate]
[Pages S8278-S8280]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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

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                GREGG (AND HOLLINGS) AMENDMENT NO. 1024

  Mr. GREGG (for himself and Mr. Hollings) 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 77, line 16, strike ``$1,995,252,000'' and insert 
     ``$1,999,052,000''.
       On page 77, line 16, after ``expended'', insert the 
     following: ``, of which not to exceed $3,800,000 may be made 
     available to the Secretary of Commerce for a study on the 
     effect of intentional encirclement, including chase, on 
     dolphins and dolphin stocks in the eastern tropical Pacific 
     Ocean purse seine fishery''.
       On page 77, line 26, strike ``$1,992,252,000'' and insert 
     ``$1,996,052,000''.
       On page 100, line 24, strike ``75,000,000'' and insert 
     ``105,000,000.''
                                 ______
                                 

                        GREGG AMENDMENT NO. 1025

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

       At the appropriate place, insert the following:
       Notwithstanding any other provision of law and pursuant to 
     the fiscal year 1997 Emergency Supplemental Act (Public Law 
     105-18) Subsection 2004, funding for the following projects 
     is to be made available from prior year carryover funds: 
     $200,000 for the Ship Creek facility in Anchorage, Alaska; 
     $1,000,000 for the construction of a facility on the Gulf 
     Coast in Mississippi; and $300,000 for an open ocean 
     aquaculture project and community outreach programs in 
     Durham, New Hampshire.
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 1026

  Mr. GREGG (for Mr. Coverdell) proposed an amendment to the bill, S. 
1022, supra; as follows:


[[Page S8279]]


       At the appropriate place in title I of the bill, insert the 
     following:

     SEC.   . REPORT ON COLLECTING DNA SAMPLES FROM SEX OFFENDERS.

       (a) Definitions.--In this section--
       (1) the terms ``criminal offense against a victim who is a 
     minor'', ``sexually violent offense'', and ``sexually violent 
     predator'' have the meanings given those terms in section 
     170101(a) of the Violent Crime Control and Law Enforcement 
     Act of 1994 (42 U.S.C. 14071(a)));
       (2) the term ``DNA'' means deoxyribonucleic acid; and
       (3) the term ``sex offender'' means an individual who--
       (A) has been convicted in Federal court of--
       (i) a criminal offense against a victim who is a minor; or
       (ii) a sexually violent offense; or
       (B) is a sexually violent predator.
       (b) Report.--From amounts made available to the Department 
     of Justice under this title, not later than 180 days after 
     the date of enactment of this Act, the Attorney General shall 
     submit to Congress a report, which shall include a plan for 
     the implementation of a requirement that, prior to the 
     release (including probation, parole, or any other supervised 
     release) of any sex offender from Federal custody following a 
     conviction for a criminal offense against a victim who is a 
     minor or a sexually violent offense, the sex offender shall 
     provide a DNA sample to the appropriate law enforcement 
     agency for inclusion in a national law enforcement DNA 
     database.
       (c) Plan Requirements.--The plan submitted under subsection 
     (b) shall include recommendations concerning--
       (1) a system for--
       (A) the collection of DNA samples from any sex offender;
       (B) the analysis of the collected samples for DNA and other 
     genetic typing analysis; and
       (C) making the DNA and other genetic typing information 
     available for law enforcement purposes only;
       (2) guidelines for coordination with existing Federal and 
     State DNA and genetic typing information databases and for 
     Federal cooperation with State and local law in sharing this 
     information;
       (3) addressing constitutional, privacy, and related 
     concerns in connection with the mandatory submission of DNA 
     samples; and
       (4) procedures and penalties for the prevention of improper 
     disclosure or dissemination of DNA or other genetic typing 
     information.
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                 DORGAN (AND OTHERS) AMENDMENT NO. 1027

  Mr. GREGG (for Mr. Dorgan, for himself, Mr. Hollings, Mr. Daschle, 
Mr. Rockefeller, Mr. Burns, Mr. Kerrey, Mr. Kerry, Mr. Johnson, and Mr. 
Wellstone) proposed an amendment to the bill, S. 1022, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC.    . SENSE OF THE SENATE THAT THE FEDERAL GOVERNMENT 
                   SHOULD NOT MANIPULATE UNIVERSAL SERVICE SUPPORT 
                   PAYMENTS TO BALANCE THE FEDERAL BUDGET.--

       The Congress finds that:
       (A) it reaffirmed the importance of universal service 
     support for telecommunications services by passing the 
     Telecommunications Act of 1996;
       (B) the Telecommunications Act of 1996 required the Federal 
     Communications Commission to preserve and advance universal 
     service based on the following principles:
       (1) Quality services should be available at just, 
     reasonable, and affordable rates;
       (2) Access to advanced telecommunications and information 
     services should be provided in all regions of the Nation;
       (3) Consumers in all regions of the Nation, including low-
     income consumers and those in rural, insular, and high cost 
     areas, should have access to telecommunications and 
     information services, including interexchange services and 
     advanced telecommunications and information services, that 
     are reasonably comparable to those services provided in urban 
     areas and that are available at rates that are reasonably 
     compared to rates charged for similar services;
       (4) All providers of telecommunications services should 
     make an equitable and nondiscriminatory contribution to the 
     preservation and advancement of universal service;
       (5) There should be specific, predictable, and sufficient 
     Federal and State mechanisms to preserve and advance 
     universal service; and
       (6) Elementary and secondary schools and classrooms, health 
     care providers, and libraries should have access to advanced 
     telecommunications services;
       (C) Federal and State universal contributions are 
     administered by an independent, non-Federal entity and are 
     not deposited into the Federal Treasury and therefore not 
     available for Federal appropriations;
       (D) the Conference Committee on the Balanced Budget 
     Reconciliation Act of 1997, is considering proposals that 
     would withhold Federal universal service funds in the year 
     2002; and
       (E) the Withholding of billions of dollars of universal 
     service support payments may result in temporary rate 
     increases in rural and high cost areas and may delay 
     qualifying schools, libraries, and rural health facilities 
     discounts directed under the Telecommunications Act of 1996:
       Now, therefore, it is the sense of the Senate that the 
     Balanced Budget Reconciliation Act of 1997 should not 
     manipulate, modify, or impair universal service support as a 
     means to achieve a balanced Federal budget or to achieve 
     Federal budget savings.
                                 ______
                                 

                  McCAIN (AND KYL) AMENDMENT NO. 1028

  Mr. GREGG (for Mr. McCain, for himself and Mr. Kyl) proposed an 
amendment to the bill, S. 1022, supra; as follows:

       At the end of the section in title I regarding the ``WAIVER 
     OF CERTAIN VACCINATION REQUIREMENTS'', insert the following 
     new subsection:
       ``(b) Report.--The Attorney General, in conjunction with 
     the Secretaries of Health and Human Services and State, shall 
     report to Congress within 6 months of the date of enactment 
     of this Act on how to establish an enforcement program to 
     ensure that immigrants who receive waivers from the 
     immunization requirement pursuant to section 212 of the 
     Immigration and Nationality Act comply with the requirement 
     of that section after the immigrants enter the United States, 
     except when such immunizations would not be medically 
     appropriate in the United States or would be contrary to the 
     alien's religious or moral convictions.''
                                 ______
                                 

                        BIDEN AMENDMENT NO. 1029

  Mr. GREGG (for Mr. Biden) proposed an amendment to the bill, S. 1022, 
supra; as follows:

       At the appropriate place, insert the following:

     SEC.   . EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.

       Section 310001(b) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 14211(b)) is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(7) for fiscal year 2001, $4,355,000,000; and
       ``(8) for fiscal year 2002, $4,455,000,000.''
       Beginning on the date of enactment of this legislation, the 
     discretionary spending limits contained in Section 201 of H. 
     Con. Res. 84 (105th Congress) are reduced as follows:
       for fiscal year 2001, $4,355,000,000 in new budget 
     authority and $5,936,000,000 in outlays;
       for fiscal year 2002, $4,455,000,000 in new budget 
     authority and $4,485,000,000 in outlays.
                                 ______
                                 

                        KERRY AMENDMENT NO. 1030

  Mr. GREGG (for Mr. Kerry) proposed an amendment to the bill, S. 1022, 
supra; as follows:

       On page 29, line 18, insert ``That of the amount made 
     available for Local Law Enforcement Block Grants under this 
     heading, $10,000,000 shall be for the Community Policing to 
     Combat Domestic Violence Program established pursuant to 
     section 1701(d) of part Q of the Omnibus Crime Control and 
     Safe Streets Act of 1968: Provided further,'' after 
     ``Provided,''.
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                GREGG (AND HOLLINGS) AMENDMENT NO. 1031

  Mr. GREGG (for himself and Mr. Hollings) proposed an amendment to the 
bill, S. 1022, supra; as follows:

       On page 65, on line 25 after ``expenses'' insert the 
     following: ``Provided further, That the number of political 
     appointees on board as of May 1, 1998, shall constitute not 
     more than fifteen percentum of the total full-time equivalent 
     positions at the Office of the United States Trade 
     Representative.''
                                 ______
                                 

               WELLSTONE (AND OTHERS) AMENDMENT NO. 1032

  Mr. WELLSTONE (for himself, Mr. Torricelli, Ms. Landrieu, Mr. Akaka, 
and Mr. Daschle) proposed an amendment to the bill, S. 1022, supra; as 
follows:

       At the appropriate place in title V of the bill, insert the 
     following:
       Sec. 5  . For fiscal year 1998 and subsequent fiscal years, 
     in establishing the income or assets of an individual who is 
     a victim of domestic violence, under section 1007(a)(2) of 
     the Legal Services Corporation Act (42 U.S.C. 2996f(a)(2)), 
     to determine if the individual is eligible for legal 
     assistance, a recipient described in such section shall 
     consider only the assets and income of the individual, and 
     shall not include any jointly held assets.
                                 ______
                                 

               WELLSTONE (AND KENNEDY) AMENDMENT NO. 1033

  Mr. WELLSTONE (for himself and Mr. Kennedy) proposed an amendment to 
the bill, S. 1022, supra; as follows:

       At the appropriate place in title V of the bill, insert the 
     following:
       Sec. 5  . The Legal Services Corporation shall--
       (1) conduct a study to determine the estimated number of 
     individuals who were unable to obtain assistance from its 
     grantees as

[[Page S8280]]

     a result of the enactment of section 504(a)(16) of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1996 (Public Law 
     104-134:110 State. 1321-55), during the six month period 
     commencing with the enactment of this Act; and
       (2) not later than 30 days thereafter, submit to Congress a 
     report describing the results of the study conducted under 
     paragraph (1).
                                 ______
                                 

                        GREGG AMENDMENT NO. 1034

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

       At the appropriate place, insert:
       Notwithstanding any other provision in this act the amount 
     for the Department of State ``Capital Investment Fund'' shall 
     be $105,000,000.

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