[Congressional Record Volume 144, Number 103 (Tuesday, July 28, 1998)]
[Senate]
[Pages S9099-S9104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 1999
Mr. CAMPBELL. Mr. President, I now ask unanimous consent that the
Senate now proceed to the consideration of S. 2312, the Treasury-Postal
appropriations bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The bill clerk read as follows:
A bill (S. 2312) making appropriations for the Treasury
Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies,
for the fiscal year ending September 30, 1999, and for other
purposes.
The Senate proceeded to consider the bill.
Mr. CAMPBELL. Mr. President, I am pleased to lay before the Senate
the committee recommendation for the Treasury Department, the Postal
Service, the Executive Office of the President, and various independent
agencies. The bill crafted by the Subcommittee on Treasury, Postal
Service, and General Government contains a total of $29,923,547,000 in
new budget authority.
Of that amount, $13,613,547,000 is in mandatory accounts, and
$3,250,000,000 is provided for much-needed funding for all Federal
agencies to address the year 2000, or Y2K, computer problem, contingent
upon an emergency designation by the administration.
The committee recommendation is within the 302(b) allocations and
strikes a delicate balance between congressional priorities,
administrative initiatives, and agency needs. This would not have been
possible without the hard work and cooperation from my friend and
colleague, Senator Kohl, the subcommittee ranking member, and his
staff. It was not easy to strike this balance while staying within our
mutually agreed-upon fiscal constraints. As most of our colleagues are
aware, approximately 80 percent of the accounts in this bill are for
salaries and expenses, meeting those needs, and increasing our
flexibility to fund new initiatives and congressional priorities.
The committee recommends a funding of $11,555,000,137 for title I for
the Department of Treasury. This is $176.653 million more than the
fiscal year 1998 enacted level. The committee has again placed a
priority on promoting the Treasury's law enforcement, ensuring that
they can hire, train, and retrain the best of Federal law enforcement,
while at the same time support efforts by State and local law
enforcement.
There are some provisions of title I that I would like to highlight
for colleagues. This bill includes $132 million for law enforcement
initiatives through the violent crime reduction trust fund, known as
the VCRTF; continuation and expansion of the Gang Resistance Education
And Training Program, called the GREAT Program--to help our young
people develop the skills to stay out of trouble; $27 million to
continue and expand the Youth Crime Gun Interdiction Initiative--to
allow Federal, State, and local law enforcement to stem the tide of
illegal firearms trafficking to the youth of this country. It includes
doubling a staff level for the Customs Service antichild pornography
efforts; full funding for Southwest border technology enhancements and
staffing; additional funding for the IRS for much-needed customer
service initiatives.
In title II, the committee recommends an appropriation of $71.195
million for the U.S. Postal Service. Under the provisions of this bill,
the Postal Service is required to provide free mailing for overseas
voters and the blind, maintain 6-day delivery and rural delivery, as
well as prohibited from consolidating or closing small and rural post
offices.
Title III is the Executive Office of the President and funds
appropriated to the President. The total recommendation for title III
is $3,838,441,000. This includes the White House Office, the Office of
Management and Budget, the Office of the National Drug Control Policy,
the Federal drug control programs, and funding for the National
Antidrug Media Campaign.
[[Page S9100]]
Also included is the information technology system and related expenses
account to deal with the year 2000 problems.
Of special note are: $13 million for the continuation of the
technology transfer program under the drug czar's office--to allow
State and local law enforcement to benefit from research and
development; $175 million to continue the National Antidrug Media
Campaign; continued funding for high-intensity drug trafficking areas,
known as HIDTAs.
Title IV is independent agencies such as the Federal Election
Commission, General Services Administration, and the National Archives,
in addition to agencies involved in Federal employment, such as the
Federal Labor Relations Authority, the Merit Systems Protection Board,
the Office of Government Ethics, the Office of Personnel Management,
and the Office of Special Counsel. The committee recommends
$14,458,969,000 for this title.
Of particular interest to many of our colleagues is the funding level
for the General Services Administration, which includes $500 million
for new courthouse construction.
In order to stay within the 302(b) allocations, we were forced to
make many difficult decisions regarding outlays. Although I know this
is not unique to the Treasury and General Government Subcommittee, our
outlays allocations forced us to make difficult choices, which we would
not have otherwise made.
This bill deserves the support of the Senate. I believe I can
honestly say that although not everybody got what they wanted, we did
our best to accommodate all of our colleagues' requests. I must remind
my colleagues that if you are considering any additional spending in
this bill, it must be offset.
Finally, none of this would have been possible without the work and
support of Senator Kohl. I particularly thank Barbara Retzlaff of his
staff, who consistently brings her knowledge and expertise to this
bill, and also our own staff, Pat Raymond, Tammy Perrin and Lula
Edwards, who have worked so hard and so many evenings on this bill.
At this time, I yield the floor to my friend, Senator Kohl.
The PRESIDING OFFICER. The Senator from Wisconsin.
Mr. KOHL. Mr. President, before I get started, I express my deep
sympathy to the families of Officers John Gibson and Jacob Chestnut. I
also want to express my thanks to these brave heroes and to all the
other law enforcement officers here in the Capitol and all over our
great country who put their lives on the line every day to keep the
rest of us safe. The two fallen officers are true heroes. They died
protecting the Nation's most precious symbol of democracy and
protecting the people who work here and who visit here. I hope their
families take some comfort in the deep respect, gratitude, and pride
all of us here feel for their acts of bravery.
Mr. President, I thank Senator Campbell for his dedication to
resolving many issues, large and small, on this Treasury and General
Government appropriations bill.
Throughout this process, he has forged a cooperative relationship not
only with me, but with all of the subcommittee members. Throughout his
cooperative approach, we were able to work out a reasonable balance
among the many programs and activities under the jurisdiction of this
subcommittee. In addition, I want to acknowledge the very fine work of
the chairman's staff, including Pat Raymond, Tammy Perrin, and Lula
Edwards.
As Senator Campbell mentioned, the Treasury and General Government
appropriations bill continues and expands many investments in our
future. Just for example, the Internal Revenue Service funding level is
of critical importance. By passing the IRS restructuring legislation,
Congress sent a clear message to the public and to the IRS that it is
time for the IRS to provide American taxpayers with the kind of service
they have a right to expect. In response, IRS is undertaking its most
profound restructuring in more than 40 years. From business practices
to organizational structure, the IRS of the future will act differently
than the agency we know today.
This appropriations bill provides the IRS over $7.8 billion to
continue basic operations while initiating these changes. These funds
will launch the new customer service initiatives, the submission and
processing of investments, and the compliance research systems
requested by the administration. The funding level will let the IRS
revamp its business practices so IRS staff can focus on understanding,
solving, and preventing taxpayer problems.
To effectively update the Federal Government's computer system for
the century date change, the committee added $3.2 billion to the
Treasury and General Government appropriations bill. This work must be
completed in the next 12 months, so money must reach all Federal
agencies quickly. By including this emergency funding, the committee
provides the Federal Government with the tools it needs to ensure that
critical Government functions continue smoothly.
Law enforcement activities are another important part of this bill,
and the committee has provided over $3 billion to continue and expand
these programs. Included in this funding level is full funding for the
GREAT Program, which provides local police departments the resources
necessary to help children avoid the temptation of gangs or drugs; the
Youth Crime Gun Interdiction Initiative, which traces illegal guns and
establishes State and local links necessary to end gun trafficking and
youth and gang-related violence; and the Customs' Child Pornography and
Cyber Smuggling Program, which prevents illegal trafficking and
distribution of child pornography both into and throughout the United
States.
The Office of National Drug Control Policy's media campaign receives
continued funding of $175 million in this bill. This is the second year
of a 5-year program aimed at changing attitudes towards drugs. The
committee hopes to see dramatic results from this investment--an
investment that is four times greater than the funding provided for
GREAT, Youth Gun Crime, and Child Pornography Prevention Programs
combined.
Finally, I want to talk about the Federal Election Commission. This
bill provides the FEC with $33.7 million. This is $2.8 million less
than the funding provided by the House, and I hope we will bring the
funding level up to the House figure. The need for this funding is
clear. In congressional testimony earlier this year, FEC officials said
they were forced to drop more than 100 cases because they did not have
enough people to handle the caseload.
As you all know, Congress has not been able to agree on campaign
finance reforms. But we all agree that the current law must be
enforced. And that cannot happen without a fully funded FEC.
In an era of explosive spending on campaigns through innumerable
avenues, both legal and illegal, we owe it to the American people to
fully fund the only campaign watchdog we have.
Finally, we have tried to accommodate numerous requests for funds
while remaining within the funding restrictions imposed by the
subcommittee allocation. Although we are required to make substantial
reductions in the President's request level, I believe that
programmatic funding levels included in this bill are fiscally
responsible and very reasonable.
I thank the Chair. I yield the floor.
Privilege of the Floor
Mr. CAMPBELL. Mr. President, I ask unanimous consent that the
following individuals have floor privileges for the duration of the
consideration of S. 2312, the Treasury, Postal Service, and General
Government appropriations bill for fiscal year 1999: Ms. Tammy Perrin
and Ms. Lula Edwards.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CAMPBELL. Mr. President, before I send the first amendment to the
desk, I would like to associate myself with the remarks made by Senator
Leahy, whom I found to be very poignant and very moving in his tribute
to the two slain officers.
Today, Mr. President, is sad day indeed for the congressional family,
because in just 30 minutes--in fact, a little less than that--we will
all participate in a memorial for Detective John Gibson and Officer
``J.J.'' Jacob Joseph Chestnut, who gave their lives in the line of
duty this past Friday.
In fact, the Capitol Police patch which I wear today in memory and
honor was given to me by Detective
[[Page S9101]]
Gibson just a few weeks ago. As late as 2 weeks ago, he was kind enough
to come out all the way to Dulles Airport when I had a delayed flight
and get me here on time for a vote on Monday night.
I was a military policeman, Mr. President, and a deputy sheriff in my
younger days. Like most former law enforcement officers, like Senator
Leahy was, perhaps the death of these two wonderful men touched us in a
very special way, because for law enforcement people, when a law
enforcement officer is killed, it is not like losing a stranger or a
colleague, it is like losing a brother or a sister.
But our system of democracy mandates that our citizens, who own this
building, have a right to enter it at any time. I think that is the way
it should be. Most of us want to keep it that way, as Senator Kohl has
alluded to.
Today, however, we debate the Treasury, Postal, and General
Government appropriations bill. This bill, above any bill with which we
have wrestled, determines the use of and restrictions on firearms. The
framers of the Constitution, I believe, could never have foreseen the
nuances that have come into play in modern America when we discuss our
second amendment rights.
Mr. President, in this very saddened atmosphere in which we bring our
bill to the floor, I suppose some of our colleagues may be tempted in
the heat of the time to load this bill down with gun amendments. I,
frankly, hope that does not happen. It may be the right issue. It may
be the right place to talk about them. But this is not the right time.
To use this bill as a vehicle for any rush to judgment with those
amendments, or to use it as an anti-second amendment platform, I think
would be inappropriate and unwise.
No one is more saddened at the loss of our two officer heroes than I
am. But I would like to tell my colleagues who are watching these
proceedings in their offices now that I intend to move to table any gun
amendments that may be offered during this tragic time.
Amendment No. 3340
Mr. CAMPBELL. With that, Mr. President, I send the first amendment to
the desk on behalf of Senator Faircloth, Senator Kohl, and myself.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Colorado [Mr. Campbell], for himself, Mr.
Faircloth, and Mr. Kohl, proposes an amendment numbered 3340.
Mr. CAMPBELL. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Strike Section 639 on pages 96 and 97 in its entirety and
insert in lieu thereof the following:
``Sec. 639. For purposes of each provision of law amended
by section 704(a)(2) of the Ethics Reform Act of 1989 (5
U.S.C. 5318 note), no adjustment under section 5303 of title
5, United States Code, shall be considered to have taken
effect in fiscal year 1999 in the rates of basic pay for the
statutory pay systems.''.
Mr. CAMPBELL. Mr. President, in January of 1999 the rank-and-file
Federal employees will automatically receive a salary adjustment based
upon the employment cost index. Most people refer to this as the COLA.
Some simply call it a pay raise.
Under current law, a similar adjustment is made to the salaries of
senior-level Federal employees, Members of Congress, and Federal judges
also. This adjustment is automatic under the provisions of the Ethics
Reform Act of 1989, unless Congress takes an affirmative action to
block the increase.
The bill before us today includes the language to prevent the
automatic pay adjustment from going into effect in January for Members
of Congress, Federal judges, and senior-level employees of the
executive branch.
The text of the provision is slightly different from that which
passed the House of Representatives and, therefore, makes it a
conferenceable item.
This amendment which we offer today makes that provision identical to
the House-passed version.
I am happy to yield to my colleague, Senator Kohl, if he has any
statement on this.
Mr. KOHL. Mr. President, I agree with the comments of Senator
Campbell.
Mr. CAMPBELL. Mr. President, I urge adoption of the amendment.
The PRESIDING OFFICER. The question is on agreeing to the amendment
of the Senator from Colorado.
The amendment (No. 3340) was agreed to.
Mr. CAMPBELL. Mr. President, I move to reconsider the vote by which
the amendment was agreed to.
Mr. KOHL. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendments Nos. 3341 through 3346, En Bloc
Mr. CAMPBELL. Mr. President, I send to the desk the managers' package
of amendments and ask unanimous consent that they be considered en
bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Colorado (Mr. Campbell), proposes
amendments numbered 3341 through 3346 en bloc.
Mr. CAMPBELL. Mr. President, I ask unanimous consent that reading of
the amendments be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments, en bloc, are as follows:
amendment no. 3341
At the appropriate place at the end of title I, insert:
Sec. ____. Section 921(a) of title 18, United States Code,
is amended--
(1) in paragraph (5), by striking ``the explosive in a
fixed shotgun shell'' and insert ``an explosive'';
(2) in paragraph (7), by striking ``the explosive in a
fixed metallic cartridge'' and inserting ``an explosive'';
and
(3) by striking paragraph (16) and inserting the following:
``(16) The term `antique firearm'--
``(A) means any--
``(i) firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition
system) manufactured in or before 1898;
``(ii) replica of any firearm described in clause (i), if
such replica--
``(I) is not designed or redesigned for using rimfire or
conventional centerfire fixed ammunition; or
``(II) uses rimfire or conventional centerfire fixed
ammunition that is no longer manufactured in the United
States and that is not readily available in the ordinary
channels of commercial trade; and
``(iii) muzzle loading rifle, muzzle loading shotgun, or
muzzle loading pistol, that--
``(I) is designed to use black powder, or a black powder
substitute; and
``(II) cannot use fixed ammunition; and
``(B) does not include any--
``(i) weapon that incorporates a firearm frame or receiver;
``(ii) firearm that is converted into a muzzle loading
weapon; or
``(iii) muzzle loading weapon that can be readily converted
to fire fixed ammunition by replacing the barrel, bolt,
breechblock, or any combination thereof.''.
Mr. GRASSLEY. Mr. President, I wish to make a few comments on the
muzzle loader amendment which we are considering.
The purpose of the amendment is to exempt certain muzzle loading
weapons from regulation under the Gun Control Act (GCA), 18 U.S.C.
Chapter 44. Under current law, ``antique firearms'' are exempted from
the definition of ``firearm'' in section 921(a)(3) of the GCA and are,
therefore, not subject to the interstate controls, licensing
provisions, record keeping requirements, or restrictions on possession
that apply to firearms. Thus, antique firearms can be sold interstate
via mail-order, no records of their sale are kept, and they may be
lawfully possessed by any U.S. citizen. The existing definition of
``antique firearm'' exempts firearms manufactured in or before 1898,
replicas of such firearms that utilize matchlock, flintlock, percussion
cap, or other primitive types of ignition systems including primers and
battery cup primers and other replica firearms that utilize ammunition
that is no longer available in commercial channels.
In recent years, there has been a strong increase in popularity in
hunting and target shooting involving muzzle loading firearms which
could not have been foreseen when the current law was written. As in
any other sporting equipment, the technology was refined to provide
safer and more reliable equipment, much like the compound bow evolved
from the original long bow. Most states now offer a muzzle loading
hunting season to improve deer herd management. There have been
numerous technological improvements in
[[Page S9102]]
muzzle loading weapons, including safer propellant, safety mechanism,
projectiles, and ignition systems.
As is the case with the compound bow, many of the muzzle loading
weapons now produced bear little physical resemblance to traditional
antique firearms produced prior to 1898. Significantly, they all
require the placing of a propellant down the barrel, pushing a bullet
down the barrel on top of the powder, then placing an ignition system
behind the powder just as all muzzle loaders have for more than 100
years. Since the BATF has determined that certain of these weapons are
not ``replicas'' under the definition of ``antique firearms'', they are
regulated as ``firearms'' under the GCA. The BATF has restricted only
one inline muzzle loader, the Knight DISC rifle, which is produced in
my home state of Iowa, even though Remington states that their muzzle
loader is built from their 700 Centerfire.
The amendment would expand the definition of the term ``antique
firearm'' to encompass these modern muzzle loading sporting firearms
used by hunters, target shooters, and other sportsmen. The amendment
would include within the definition of ``antique firearm'' a weapon
that: (1) is a muzzle loading rifle, muzzle loading shotgun, or muzzle
loading pistol; (2) is designed to use black powder or a black powder
substitute; (3) uses any ignition system; (4) cannot use fixed
ammunition; (5) does not use the serial numbered frame or receiver of a
firearm; (6) has not been converted from a firearm; and (7) cannot be
readily converted to fire fixed ammunition by replacing the barrel,
bolt, or breechlock.
The language requiring that the antique firearm not use the frame or
receiver of a serial numbered firearm, not be converted from a firearm,
and cannot be readily converted to fire fixed ammunition is to prevent
the conversion of modern firearms into percussion cap ``antique
firearms''. BATF is concerned that, without this language, various
single shot, bolt action, slide action and semi-automatic weapons, and
even certain machine guns, could be converted into muzzle loading
weapons and then converted back to fire conventional fixed ammunition
merely by replacing the barrel or other components. The weapon could
then be sold as an ``antique firearm'' without any GCA controls. Many
components which alter the form and function of firearms are available
to be easily converted from one form of firearm to another. However,
there are no products currently in commercial trade which would convert
a muzzle loader to a firearm or a firearm to a muzzle loader.
Since the amendment is limited to muzzle loading rifles, muzzle
loading shotguns, and muzzle loading pistols, it would not allow
grenade launchers, bazookas, machine guns, or anti-tank guns to be
excluded from the regulation. Also, since this amendment will be
adopted on the floor, there isn't any report language to assist courts
and industry in interpreting the status of muzzle loaders. I hope my
comments will serve this purpose.
Amendment No. 3342
(Purpose: to appropriately reflect the liquidation of debt)
At the appropriate place, strike and insert the following:
Page 11, on line 23 strike ``$2,854,000,000'' and insert in
lieu thereof ``$3,317,690,000''.
amendment no. 3343
(Purpose: To provide for reform of the overtime pay of Federal
firefighters, and for other purposes)
At the end of title VI add the following new section:
SEC. ____. FEDERAL FIREFIGHTERS OVERTIME PAY REFORM ACT OF
1998.
(a) In General.--Subchapter V of chapter 55 of title 5,
United States Code, is amended--
(1) in section 5542 by adding at the end the following new
subsection:
``(f) In applying subsection (a) of this section with
respect to a firefighter who is subject to section 5545b--
``(1) such subsection shall be deemed to apply to hours of
work officially ordered or approved in excess of 106 hours in
a biweekly pay period, or, if the agency establishes a weekly
basis for overtime pay computation, in excess of 53 hours in
an administrative workweek; and
``(2) the overtime hourly rate of pay is an amount equal to
one and one-half times the hourly rate of basic pay under
section 5545b (b)(1)(A) or (c)(1)(B), as applicable, and such
overtime hourly rate of pay may not be less than such hourly
rate of basic pay in applying the limitation on the overtime
rate provided in paragraph (2) of such subsection (a).''; and
(2) by inserting after section 5545a the following new
section:
``Sec. 5545b. Pay for firefighters
``(a) This section applies to an employee whose position is
classified in the firefighter occupation in conformance with
the GS-081 standard published by the Office of Personnel
Management, and whose normal work schedule, as in effect
throughout the year, consists of regular tours of duty which
average at least 106 hours per biweekly pay period.
``(b)(1) If the regular tour of duty of a firefighter
subject to this section generally consists of 24-hour shifts,
rather than a basic 40-hour workweek (as determined under
regulations prescribed by the Office of Personnel
Management), section 5504(b) shall be applied as follows in
computing pay--
``(A) paragraph (1) of such section shall be deemed to
require that the annual rate be divided by 2756 to derive the
hourly rate; and
``(B) the computation of such firefighter's daily, weekly,
or biweekly rate shall be based on the hourly rate under
subparagraph (A);
``(2) For the purpose of sections 5595(c), 5941, 8331(3),
and 8704(c), and for such other purposes as may be expressly
provided for by law or as the Office of Personnel Management
may by regulation prescribe, the basic pay of a firefighter
subject to this subsection shall include an amount equal to
the firefighter's basic hourly rate (as computed under
paragraph (1)(A)) for all hours in such firefighter's regular
tour of duty (including overtime hours).
``(c)(1) If the regular tour of duty of a firefighter
subject to this section includes a basic 40-hour workweek (as
determined under regulations prescribed by the Office of
Personnel Management), section 5504(b) shall be applied as
follows in computing pay--
``(A) the provisions of such section shall apply to the
hours within the basic 40-hour workweek;
``(B) for hours outside the basic 40-hour workweek, such
section shall be deemed to require that the hourly rate be
derived by dividing the annual rate by 2756; and
``(C) the computation of such firefighter's daily, weekly,
or biweekly rate shall be based on subparagraphs (A) and (B),
as each applies to the hours involved.
``(2) For purposes of sections 5595(c), 5941, 8331(3), and
8704(c), and for such other purposes as may be expressly
provided for by law or as the Office of Personnel Management
may by regulation prescribe, the basic pay of a firefighter
subject to this subsection shall include--
``(A) an amount computed under paragraph (1)(A) for the
hours within the basic 40-hour workweek; and
``(B) an amount equal to the firefighter's basic hourly
rate (as computed under paragraph (1)(B)) for all hours
outside the basic 40-hour workweek that are within such
firefighter's regular tour of duty (including overtime
hours).
``(d)(1) A firefighter who is subject to this section shall
receive overtime pay in accordance with section 5542, but
shall not receive premium pay provided by other provisions of
this subchapter.
``(2) For the purpose of applying section 7(k) of the Fair
Labor Standards Act of 1938 to a firefighter who is subject
to this section, no violation referred to in such section
7(k) shall be deemed to have occurred if the requirements of
section 5542(a) are met, applying section 5542(a) as provided
in subsection (f) of that section. The overtime hourly rate
of pay for such firefighter shall in all cases be an amount
equal to one and one-half times the firefighter's hourly rate
of basic pay under subsection (b)(1)(A) or (c)(1)(B) of this
section, as applicable.
``(3) The Office of Personnel Management may prescribe
regulations, with respect to firefighters subject to this
section, that would permit an agency to reduce or eliminate
the variation in the amount of firefighters' biweekly pay
caused by work scheduling cycles that result in varying hours
in the regular tours of duty from pay period to pay period.
Under such regulations, the pay that a firefighter would
otherwise receive for regular tours of duty over the work
scheduling cycle shall, to the extent practicable, remain
unaffected.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 55 of title 5, United States Code, is
amended by inserting after the item relating to section 5545a
the following:
``5545b. Pay for firefighters.''.
(c) Training.--Section 4109 of title 5, United States Code,
is amended by adding at the end the following new subsection:
``(d) Notwithstanding subsection (a)(1), a firefighter who
is subject to section 5545b of this title shall be paid basic
pay and overtime pay for the firefighter's regular tour of
duty while attending agency sanctioned training.''.
(d) Inclusion in Basic Pay for Federal Retirement.--Section
8331(3) of title 5, United States Code, is amended--
(1) by striking ``and'' after subparagraph (D);
(2) by redesignating subparagraph (E) as subparagraph (G);
(3) by inserting the following:
``(E) with respect to a criminal investigator, availability
pay under section 5545a of this title;
``(F) pay as provided in section 5545b (b)(2) and (c)(2);
and ''; and
(4) by striking ``subparagraphs (B), (C), (D), and (E)''
and inserting ``subparagraphs (B) through (G)''.
[[Page S9103]]
(e) Effective Date.--The amendments made by this section
shall take effect on the first day of the first applicable
pay period which begins on or after the later of October 1,
1998, or the 180th day following the date of enactment of
this section.
(f) Regulations.--Under regulations prescribed by the
Office of Personnel Management, a firefighter subject to
section 5545b of title 5, United States Code, as added by
this section, whose regular tours of duty average 60 hours or
less per workweek and do not include a basic 40-hour
workweek, shall, upon implementation of this section, be
granted an increase in basic pay equal to 2 step-increases of
the applicable General Schedule grade, and such increase
shall not be an equivalent increase in pay. If such increase
results in a change to a longer waiting period for the
firefighter's next step increase, the firefighter shall be
credited with an additional year of service for the purpose
of such waiting period. If such increase results in a rate of
basic pay which is above the maximum rate of the applicable
grade, such resulting pay rate shall be treated as a retained
rate of basic pay in accordance with section 5363 of title 5,
United States Code.
(g) No Reduction in Regular Pay.--Under regulations
prescribed by the Office of Personnel Management, the regular
pay (over the established work scheduling cycle) of a
firefighter subject to section 5545b of title 5, United
States Code, as added by this section, shall not be reduced
as a result of the implementation of this section.
amendment no. 3344
(Purpose: To amend chapter 36 of title 39, United States Code, to
provide for an annual report on international services of the Postal
Service)
At the appropriate place at the end of title VI, insert the
following:
SEC. ____. INTERNATIONAL MAIL REPORTING REQUIREMENT.
(a) In General.--Chapter 36 of title 39, United States
Code, is amended by adding after section 3662 the following:
``Sec. 3663. Annual report on international services
``(a) Not later than July 1 of each year, the Postal Rate
Commission shall transmit to each House of Congress a
comprehensive report of the costs, revenues, and volumes
accrued by the Postal Service in connection with mail matter
conveyed between the United States and other countries for
the previous fiscal year.
``(b) Not later than March 15 of each year, the Postal
Service shall provide to the Postal Rate Commission such data
as the Commission may require to prepare the report required
under subsection (a) of this section. Data shall be provided
in sufficient detail to enable the Commission to analyze the
costs, revenues, and volumes for each international mail
product or service, under the methods determined appropriate
by the Commission for the analysis of rates for domestic
mail.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 63 of title 39, United States Code, is
amended by adding after the item relating to section 3662 the
following:
``3663. Annual report on international services.''.
amendment no. 3345
(Purpose: To express the sense of the Senate on the use of random
selection of returns for examination by the Internal Revenue Service)
At the appropriate place at the end of title I, insert the
following:
SEC. ____. SENSE OF THE SENATE ON THE USE OF RANDOM SELECTION
OF RETURNS FOR EXAMINATION BY THE INTERNAL
REVENUE SERVICE.
(a) Findings.--The Senate finds that--
(1) in 1995, the Internal Revenue Service indefinitely
postponed the 1994 Taxpayer Compliance Measurement Program, a
program of audits using random selection techniques (in this
section referred to as ``random audits'');
(2) Congress, taxpayer groups, tax practitioners, and
others criticized the program because of its cost to and
burden on taxpayers;
(3) there is no law preventing the Internal Revenue Service
from resuming its Taxpayer Compliance Measurement Program;
and
(4) random audits may be overly burdensome on taxpayers,
particularly low-income taxpayers.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the Internal Revenue Service should make it a top
priority to ensure fairness to taxpayers when selecting
returns for audit;
(2) the Senate does not approve of the use of random audits
of the general population of taxpayers or tax returns; and
(3) the Internal Revenue Service should not conduct random
audits of the general population of taxpayers or tax returns.
amendment no. 3346
(Purpose: To make modifications to language in Title III)
At the appropriate place, strike and insert the following:
On Page 40, line 25, after the word ``campaign,'' strike
through Page 41, line 16 through ``campaign,'' and insert in
lieu thereof ``(3) ONDCP, or any agent acting on its behalf,
may not obligate any funds for the creative development of
advertisements from for-profit organizations, not including
out-of-pocket production costs and talent re-use payments,
unless (a) the advertisements are intended to reach a
minority, ethnic or other special audience that cannot be
obtained on a pro bono basis within the time frames required
by ONDCP's advertising and buying agencies, and (b) it
receives prior approval from the Senate Committee on
Appropriations, (4) ONDCP will secure corporate sponsorship
equaling 40 percent of the appropriated amount in fiscal year
1999, the definition of which is a contribution that is not
received as a result of leveraging funds to receive said
sponsorship, corporate sponsorship equaling 60 percent of the
appropriated amount in fiscal year 2000, corporate
sponsorship equaling 80 percent of the appropriated amount in
fiscal year 2001, corporate sponsorship equaling 100 percent
of the appropriated amount in fiscal year 2002, and will
report quarterly on its efforts to meet this goal, (5) ONDCP
is mandated to use appropriated funds solely to fund the
anti-drug media campaign to include only the purchase of
media time and space, talent re-use payments, out-of-pocket
advertising production costs, testing and evaluation of
advertising, evaluation of the effectiveness of the media
campaign, the negotiated fees for the winning bidder on the
request for proposal recently issued by ONDCP, partnership
with community, civic, and professional groups, and
government organizations related to the media campaign,
entertainment industry collaborations to fashion anti-drug
messages in movies, television programming, and popular
music, interactive (Internet and new) media projects/
activities, public information (News Media Outreach), and
corporate sponsorship/participation, (6) ONDCP shall not
obligate funds provided for the national media campaign for
fiscal year 1999 until ONDCP has submitted the evaluation and
results of Phase I of the campaign to the Senate Committee on
Appropriations, and may obligate up to 75 percent of these
funds until ONDCP has submitted the evaluation and results of
Phase I of the campaign to the Committees,''
Mr. CAMPBELL. Mr. President, the package of amendments I have sent to
the desk have been agreed to by both sides.
This package includes the following items:
Language regarding antique firearms regulation and an exemption for
muzzle loader firearms under the Gun Control Act;
A technical correction regarding the Federal Financing Bank in order
to reflect the true amount of debt accumulated;
Senator Sarbanes language reforming Federal firefighter overtime pay;
Senators Cochran and Stevens language on the Postal Service providing
an annual report regarding international postal services;
A sense-of-the-Senate from Senator Coverdell regarding the IRS and
random audits;
Finally, the last is language changes relating to the drug czar's
office media campaign and the programmatic goals of this campaign.
I yield to Senator Kohl.
Mr. KOHL. Mr. President, these are very good amendments. I support
the amendments fully.
Mr. CAMPBELL. Mr. President, I ask unanimous consent that these
amendments be agreed to en bloc and that the motions to reconsider be
laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments (Nos. 3341 through 3346) were agreed to.
Amendment No. 3347
(Purpose: To insert an omitted funding total in Title IV)
Mr. CAMPBELL. Mr. President, I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Colorado (Mr. Campbell), for himself, and
Mr. Kohl, proposes an amendment 3347.
Mr. CAMPBELL. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the appropriate place, insert the following: On page 45,
line 21 after ``U.S.C. 490(f)), the '' insert ``$508,752,000
to be deposited into the Fund. The''.
Mr. CAMPBELL. Mr. President, this amendment makes a technical
correction to title IV under the General Services Administration's
Federal Buildings Fund to list the amount we are appropriating in this
fund.
Mr. KOHL. Mr. President, I support this amendment.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3347) was agreed to.
Mr. CAMPBELL. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
[[Page S9104]]
The assistant legislative clerk proceeded to call the roll.
Mr. SANTORUM. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________