[Congressional Record Volume 144, Number 103 (Tuesday, July 28, 1998)]
[Senate]
[Pages S9142-S9146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S9142]]
        TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 1999

                                 ______
                                 

                CAMPBELL (AND OTHERS) AMENDMENT NO. 3340

  Mr. CAMPBELL (for himself, Mr. Faircloth, and Mr. Kohl) proposed an 
amendment to the 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; 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.''.
                                 ______
                                 

                      GRASSLEY AMENDMENT NO. 3341

  Mr. CAMPBELL (for Mr. Grassley) proposed an amendment to the bill, S. 
2312, supra; as follows:

       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.''.
                                 ______
                                 

                 CAMPBELL (AND KOHL) AMENDMENT NO. 3342

  Mr. CAMPBELL (for himself and Mr. Kohl) proposed an amendment to the 
bill, S. 2312, supra; as follows:

       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''.
                                 ______
                                 

                      SARBANES AMENDMENT NO. 3343

  Mr. CAMPBELL (for Mr. Sarbanes) proposed an amendment to the bill, S. 
2312, supra; as follows:

       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)''.
       (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

[[Page S9143]]

     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.
                                 ______
                                 

                       COCHRAN AMENDMENT NO. 3344

  Mr. CAMPBELL (for Mr. Cochran) proposed an amendemnt to the bill, S. 
2312, supra; as follows:

       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.''.
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 3345

  Mr. CAMPBELL (for Mr. Coverdell) proposed an amendemnt to the bill, 
S. 2312, supra; as follows:

       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.
                                 ______
                                 

             CAMPBELL (AND KOHL) AMENDMENTS NOS. 3346-3347

  Mr. CAMPBELL (for himself and Mr. Kohl) proposed two amendments to 
the bill, S. 2312, supra; as follows:

                           Amendment No. 3346

       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 II of the campaign to the Committee,''
                                  ____


                           Amendment No. 3347

       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''.
                                 ______
                                 

                 BAUCUS (AND OTHERS) AMENDMENT NO. 3348

  (Ordered to lie on the table.)
  Mr. BAUCUS (for himself, Mr. Jeffords, Mr. Conrad, and Mr. Allard) 
submitted an amendment intended to be proposed by them to the bill, S. 
2312, supra; as follows:

       At the appropriate place, add the following:

     SEC. ____. POST OFFICE RELOCATIONS, CLOSINGS, AND 
                   CONSOLIDATIONS.

       (a) Short Title.--This section may be cited as the 
     ``Community and Postal Participation Act of 1998''.
       (b) Guidelines for Relocation, Closing, or Consolidation of 
     Post Offices.--Section 404 of title 39, United States Code, 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b)(1) Before making a determination under subsection 
     (a)(3) as to the necessity for the relocation, closing, or 
     consolidation of any post office, the Postal Service shall 
     provide adequate notice to persons served by that post office 
     of the intention of the Postal Service to relocate, close, or 
     consolidate that post office not later than 60 days before 
     the proposed date of that relocation, closing, or 
     consolidation.
       ``(2)(A) The notification under paragraph (1) shall be in 
     writing, hand delivered or delivered by mail to persons 
     served by that post office, and published in 1 or more 
     newspapers of general circulation within the zip codes served 
     by that post office.
       ``(B) The notification under paragraph (1) shall include--
       ``(i) an identification of the relocation, closing, or 
     consolidation of the post office involved;
       ``(ii) a summary of the reasons for the relocation, 
     closing, or consolidation; and
       ``(iii) the proposed date for the relocation, closing, or 
     consolidation.
       ``(3) Any person served by the post office that is the 
     subject of a notification under paragraph (1) may offer an 
     alternative relocation, consolidation, or closing proposal 
     during the 60-day period beginning on the date on which the 
     notice is provided under paragraph (1).
       ``(4)(A) At the end of the period specified in paragraph 
     (3), the Postal Service shall make a determination under 
     subsection (a)(3). Before making a final determination, the 
     Postal Service shall conduct a hearing, and persons served by 
     the post office that is the subject of a notice under 
     paragraph (1) may present oral or written testimony with 
     respect to the relocation, closing, or consolidation of the 
     post office.
       ``(B) In making a determination as to whether or not to 
     relocate, close, or consolidate a post office, the Postal 
     Service shall consider--
       ``(i) the extent to which the post office is part of a core 
     downtown business area;
       ``(ii) any potential effect of the relocation, closing, or 
     consolidation on the community served by the post office;
       ``(iii) whether the community served by the post office 
     opposes a relocation, closing, or consolidation;
       ``(iv) any potential effect of the relocation, closing, or 
     consolidation on employees of the Postal Service employed at 
     the post office;
       ``(v) whether the relocation, closing, or consolidation of 
     the post office is consistent

[[Page S9144]]

     with the policy of the Government under section 101(b) that 
     requires the Postal Service to provide a maximum degree of 
     effective and regular postal services to rural areas, 
     communities, and small towns in which post offices are not 
     self-sustaining;
       ``(vi) the quantified long-term economic saving to the 
     Postal Service resulting from the relocation, closing, or 
     consolidation;
       ``(vii) whether postal officials engaged in negotiations 
     with persons served by the post office concerning the 
     proposed relocation, closing, or consolidation;
       ``(viii) whether management of the post office contributed 
     to a desire to relocate;
       ``(ix)(I) the adequacy of the existing post office; and
       ``(II) whether all reasonable alternatives to relocation, 
     closing, or consolidation have been explored; and
       ``(x) any other factor that the Postal Service determines 
     to be necessary for making a determination whether to 
     relocate, close, or consolidate that post office.
       ``(5)(A) Any determination of the Postal Service to 
     relocate, close, or consolidate a post office shall be in 
     writing and shall include the findings of the Postal Service 
     with respect to the considerations required to be made under 
     paragraph (4).
       ``(B) The Postal Service shall respond to all of the 
     alternative proposals described in paragraph (3) in a 
     consolidated report that includes--
       ``(i) the determination and findings under subparagraph 
     (A); and
       ``(ii) each alternative proposal and a response by the 
     Postal Service.
       ``(C) The Postal Service shall make available to the public 
     a copy of the report prepared under subparagraph (B) at the 
     post office that is the subject of the report.
       ``(6)(A) The Postal Service shall take no action to 
     relocate, close, or consolidate a post office until the 
     applicable date described in subparagraph (B).
       ``(B) The applicable date specified in this subparagraph 
     is--
       ``(i) if no appeal is made under paragraph (7), the end of 
     the 60-day period specified in that paragraph; or
       ``(ii) if an appeal is made under paragraph (7), the date 
     on which a determination is made by the Commission under 
     paragraph (7)(A), but not later than 120 days after the date 
     on which the appeal is made.
       ``(7)(A) A determination of the Postal Service to relocate, 
     close, or consolidate any post office may be appealed by any 
     person served by that post office to the Postal Rate 
     Commission during the 60-day period beginning on the date on 
     which the report is made available under paragraph (5). The 
     Commission shall review the determination on the basis of the 
     record before the Postal Service in the making of the 
     determination. The Commission shall make a determination 
     based on that review not later than 120 days after appeal is 
     made under this paragraph.
       ``(B) The Commission shall set aside any determination, 
     findings, and conclusions of the Postal Service that the 
     Commission finds to be--
       ``(i) arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with the law;
       ``(ii) without observance of procedure required by law; or
       ``(iii) unsupported by substantial evidence on the record.
       ``(C) The Commission may affirm the determination of the 
     Postal Service that is the subject of an appeal under 
     subparagraph (A) or order that the entire matter that is the 
     subject of that appeal be returned for further consideration, 
     but the Commission may not modify the determination of the 
     Postal Service. The Commission may suspend the effectiveness 
     of the determination of the Postal Service until the final 
     disposition of the appeal.
       ``(D) The provisions of sections 556 and 557, and chapter 7 
     of title 5 shall not apply to any review carried out by the 
     Commission under this paragraph.
       ``(E) A determination made by the Commission shall not be 
     subject to judicial review.
       ``(8) In any case in which a community has in effect 
     procedures to address the relocation, closing, or 
     consolidation of buildings in the community, and the public 
     participation requirements of those procedures are more 
     stringent than those provided in this subsection, the Postal 
     Service shall apply those procedures to the relocation, 
     consolidation, or closing of a post office in that community 
     in lieu of applying the procedures established in this 
     subsection.
       ``(9) In making a determination to relocate, close, or 
     consolidate any post office, the Postal Service shall comply 
     with any applicable zoning, planning, or land use laws 
     (including building codes and other related laws of State or 
     local public entities, including any zoning authority with 
     jurisdiction over the area in which the post office is 
     located).
       ``(10) The relocation, closing, or consolidation of any 
     post office under this subsection shall be conducted in 
     accordance with section 110 of the National Historic 
     Preservation Act (16 U.S.C. 470h-2).''.
       (c) Policy Statement.--Section 101(g) of title 39, United 
     States Code, is amended by adding at the end the following: 
     ``In addition to taking into consideration the matters 
     referred to in the preceding sentence, with respect to the 
     creation of any new postal facility, the Postal Service shall 
     consider the potential effects of that facility on the 
     community to be served by that facility and the service 
     provided by any facility in operation at the time that a 
     determination is made whether to plan or build that 
     facility.''.
                                 ______
                                 

                      JEFFORDS AMENDMENT NO. 3349

  (Ordered to lie on the table.)
  Mr. JEFFORDS submitted an amendment intended to be proposed by him to 
the bill, S. 2312, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. FEDERAL CONTRACTOR RETIREMENT BENEFITS.

       Not later than May 1, 1999, the Office of Personnel 
     Management shall conduct a study and submit a report to the 
     Committees on Appropriations of the Senate and House of 
     Representatives, the Committee on Labor and Human Resources 
     of the Senate, and the Committee on Economic and Educational 
     Opportunities of the House of Representatives on the type and 
     amounts of retirement and pension benefits provided to 
     employees of business entities that contract with the Federal 
     Government for the provision of services.
                                 ______
                                 

                 BAUCUS (AND OTHERS) AMENDMENT NO. 3350

  (Ordered to lie on the table.)
  Mr. BAUCUS (for himself, Mr. Jeffords, Mr. Allard, and Mr. Conrad) 
submitted an amendment intended to be proposed to by them to the bill, 
S. 2312, supra; as follows:

       At the appropriate place, add the following:

     SEC. ____. POST OFFICE RELOCATIONS, CLOSINGS, AND 
                   CONSOLIDATIONS.

       (a) Short Title.--This section may be cited as the 
     ``Community and Postal Participation Act of 1998''.
       (b) Guidelines for Relocation, Closing, or Consolidation of 
     Post Offices.--Section 404 of title 39, United States Code, 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b)(1) Before making a determination under subsection 
     (a)(3) as to the necessity for the relocation, closing, or 
     consolidation of any post office, the Postal Service shall 
     provide adequate notice to persons served by that post office 
     of the intention of the Postal Service to relocate, close, or 
     consolidate that post office not later than 60 days before 
     the proposed date of that relocation, closing, or 
     consolidation.
       ``(2)(A) The notification under paragraph (1) shall be in 
     writing, hand delivered or delivered by mail to persons 
     served by that post office, and published in 1 or more 
     newspapers of general circulation within the zip codes served 
     by that post office.
       ``(B) The notification under paragraph (1) shall include--
       ``(i) an identification of the relocation, closing, or 
     consolidation of the post office involved;
       ``(ii) a summary of the reasons for the relocation, 
     closing, or consolidation; and
       ``(iii) the proposed date for the relocation, closing, or 
     consolidation.
       ``(3) Any person served by the post office that is the 
     subject of a notification under paragraph (1) may offer an 
     alternative relocation, consolidation, or closing proposal 
     during the 60-day period beginning on the date on which the 
     notice is provided under paragraph (1).
       ``(4)(A) At the end of the period specified in paragraph 
     (3), the Postal Service shall make a determination under 
     subsection (a)(3). Before making a final determination, the 
     Postal Service shall conduct a hearing, and persons served by 
     the post office that is the subject of a notice under 
     paragraph (1) may present oral or written testimony with 
     respect to the relocation, closing, or consolidation of the 
     post office.
       ``(B) In making a determination as to whether or not to 
     relocate, close, or consolidate a post office, the Postal 
     Service shall consider--
       ``(i) the extent to which the post office is part of a core 
     downtown business area;
       ``(ii) any potential effect of the relocation, closing, or 
     consolidation on the community served by the post office;
       ``(iii) whether the community served by the post office 
     opposes a relocation, closing, or consolidation;
       ``(iv) any potential effect of the relocation, closing, or 
     consolidation on employees of the Postal Service employed at 
     the post office;
       ``(v) whether the relocation, closing, or consolidation of 
     the post office is consistent with the policy of the 
     Government under section 101(b) that requires the Postal 
     Service to provide a maximum degree of effective and regular 
     postal services to rural areas, communities, and small towns 
     in which post offices are not self-sustaining;
       ``(vi) the quantified long-term economic saving to the 
     Postal Service resulting from the relocation, closing, or 
     consolidation;
       ``(vii) whether postal officials engaged in negotiations 
     with persons served by the post office concerning the 
     proposed relocation, closing, or consolidation;
       ``(viii) whether management of the post office contributed 
     to a desire to relocate;
       ``(ix)(I) the adequacy of the existing post office; and
       ``(II) whether all reasonable alternatives to relocation, 
     closing, or consolidation have been explored; and
       ``(x) any other factor that the Postal Service determines 
     to be necessary for making a determination whether to 
     relocate, close, or consolidate that post office.

[[Page S9145]]

       ``(5)(A) Any determination of the Postal Service to 
     relocate, close, or consolidate a post office shall be in 
     writing and shall include the findings of the Postal Service 
     with respect to the considerations required to be made under 
     paragraph (4).
       ``(B) The Postal Service shall respond to all of the 
     alternative proposals described in paragraph (3) in a 
     consolidated report that includes--
       ``(i) the determination and findings under subparagraph 
     (A); and
       ``(ii) each alternative proposal and a response by the 
     Postal Service.
       ``(C) The Postal Service shall make available to the public 
     a copy of the report prepared under subparagraph (B) at the 
     post office that is the subject of the report.
       ``(6)(A) The Postal Service shall take no action to 
     relocate, close, or consolidate a post office until the 
     applicable date described in subparagraph (B).
       ``(B) The applicable date specified in this subparagraph 
     is--
       ``(i) if no appeal is made under paragraph (7), the end of 
     the 60-day period specified in that paragraph; or
       ``(ii) if an appeal is made under paragraph (7), the date 
     on which a determination is made by the Commission under 
     paragraph (7)(A), but not later than 120 days after the date 
     on which the appeal is made.
       ``(7)(A) A determination of the Postal Service to relocate, 
     close, or consolidate any post office may be appealed by any 
     person served by that post office to the Postal Rate 
     Commission during the 60-day period beginning on the date on 
     which the report is made available under paragraph (5). The 
     Commission shall review the determination on the basis of the 
     record before the Postal Service in the making of the 
     determination. The Commission shall make a determination 
     based on that review not later than 120 days after appeal is 
     made under this paragraph.
       ``(B) The Commission shall set aside any determination, 
     findings, and conclusions of the Postal Service that the 
     Commission finds to be--
       ``(i) arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with the law;
       ``(ii) without observance of procedure required by law; or
       ``(iii) unsupported by substantial evidence on the record.
       ``(C) The Commission may affirm the determination of the 
     Postal Service that is the subject of an appeal under 
     subparagraph (A) or order that the entire matter that is the 
     subject of that appeal be returned for further consideration, 
     but the Commission may not modify the determination of the 
     Postal Service. The Commission may suspend the effectiveness 
     of the determination of the Postal Service until the final 
     disposition of the appeal.
       ``(D) The provisions of sections 556 and 557, and chapter 7 
     of title 5 shall not apply to any review carried out by the 
     Commission under this paragraph.
       ``(E) A determination made by the Commission shall not be 
     subject to judicial review.
       ``(8) In any case in which a community has in effect 
     procedures to address the relocation, closing, or 
     consolidation of buildings in the community, and the public 
     participation requirements of those procedures are more 
     stringent than those provided in this subsection, the Postal 
     Service shall apply those procedures to the relocation, 
     consolidation, or closing of a post office in that community 
     in lieu of applying the procedures established in this 
     subsection.
       ``(9) In making a determination to relocate, close, or 
     consolidate any post office, the Postal Service shall comply 
     with any applicable zoning, planning, or land use laws 
     (including building codes and other related laws of State or 
     local public entities, including any zoning authority with 
     jurisdiction over the area in which the post office is 
     located).
       ``(10) The relocation, closing, or consolidation of any 
     post office under this subsection shall be conducted in 
     accordance with section 110 of the National Historic 
     Preservation Act (16 U.S.C. 470h-2).''.
       (c) Policy Statement.--Section 101(g) of title 39, United 
     States Code, is amended by adding at the end the following: 
     ``In addition to taking into consideration the matters 
     referred to in the preceding sentence, with respect to the 
     creation of any new postal facility, the Postal Service shall 
     consider the potential effects of that facility on the 
     community to be served by that facility and the service 
     provided by any facility in operation at the time that a 
     determination is made whether to plan or build that 
     facility.''.
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 3351

  Mrs. FEINSTEIN proposed an amendment to the bill, S. 2312, supra; as 
follows:

       On page 104, between lines 21 and 22, insert the following:

     SEC. 644. BAN ON IMPORTING LARGE CAPACITY AMMUNITION FEEDING 
                   DEVICES.

       (a) Short Title.--This section may be cited as the ``Large 
     Capacity Clip Ban of 1998''.
       (b) Ban on Importing Large Capacity Ammunition Feeding 
     Devices.--Section 922(w) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``(1) Except as provided 
     in paragraph (2)'' and inserting ``(1)(A) Except as provided 
     in subparagraph (B)'';
       (2) in paragraph (2), by striking ``(2) Paragraph (1)'' and 
     inserting ``(B) Subparagraph (A)'';
       (3) by inserting before paragraph (3) the following:
       ``(2) It shall be unlawful for any person to import a large 
     capacity ammunition feeding device.''; and
       (4) in paragraph (4)--
       (A) by striking ``(1)'' each place it appears and inserting 
     ``(1)(A)''; and
       (B) by striking ``(2)'' and inserting ``(1)(B)''.
       (c) Conforming Amendment.--Section 921(a)(31) of title 18, 
     United States Code, is amended by striking ``manufactured 
     after the date of enactment of the Violent Crime Control and 
     Law Enforcement Act of 1994''.
                                 ______
                                 

                      LANDRIEU AMENDMENT NO. 3352

  Mr. CAMPBELL (for Ms. Landrieu) proposed an amendment to the bill, S. 
2312, supra; as follows:

       At the appropriate place in title VI, insert the following:

     SEC. ____. CHILD CARE SERVICES FOR FEDERAL EMPLOYEES.

       (a) In General.--An Executive agency which provides or 
     proposes to provide child care services for Federal employees 
     may use agency funds to provide child care, in a Federal or 
     leased facility, or through contract, for civilian employees 
     of such agency.
       (b) Affordability.--Amounts provided under subsection (a) 
     with respect to any facility or contractor described in such 
     subsection shall be applied to improve the affordability of 
     child care for lower income Federal employees using or 
     seeking to use the child care services offered by such 
     facility or contractor.
       (c) Regulations.--The Office of Personnel Management and 
     the General Services Administration shall, within 180 days 
     after the date of enactment of this Act, issue regulations 
     necessary to carry out this section.
       (d) Definition.--For purposes of this section, the term 
     ``Executive agency'' has the meaning given such term by 
     section 105 of title 5, United States Code, but does not 
     include the General Accounting Office.
                                 ______
                                 

                      THOMPSON AMENDMENT NO. 3353

  Mr. THOMPSON proposed an amendment to the bill, S. 2312, supra; as 
follows:
       Strike out section 642 and insert in lieu thereof the 
     following:
       Sec. 642. The Federal Acquisition Regulation shall be 
     revised, within 180 days after the date of enactment of this 
     Act, to include the use of forced or indentured child labor 
     in mining, production, or manufacturing as a cause on the 
     lists of causes for debarment and suspension from contracting 
     with executive agencies that are set forth in the regulation.
                                 ______
                                 

                 DeWINE (AND OTHERS) AMENDMENT NO. 3354

  (Ordered to lie on the table.)
  Mr. DeWINE (for himself, Mr. Brownback, and Mr. Santorum) submitted 
an amendment intended to be proposed by them to the bill, S. 2312, 
supra; as follows:

       At the end of title VI, add the following:
       Sec. ____. No funds appropriated by this Act shall be 
     available to pay for an abortion, or the administrative 
     expenses in connection with any health plan under the Federal 
     employees health benefit program which provides any benefits 
     or coverage for abortions.
       Sec. ____. The provision of section ____ shall not apply 
     where the life of the mother would be endangered if the fetus 
     were carried to term, or the pregnancy is the result of an 
     act of rape or incest.
                                 ______
                                 

                 KOHL (AND CAMPBELL) AMENDMENT NO. 3355

  Mr. KOHL (for himself and Mr. Campbell) proposed an amendment to the 
bill, S. 2312, supra; as follows:

       On page 104, between lines 21 and 22, insert the following:

     SEC. 644. EXTENSION OF SUNSET PROVISION.

       Section 2(f)(2) of the Undetectable Firearms Act of 1988 
     (18 U.S.C. 922 note) is amended by striking ``(2)'' and all 
     that follows through ``10 years'' and inserting the 
     following:
       ``(2) Sunset.--Effective 15 years''.
                                 ______
                                 

                 CHAFEE (AND OTHERS) AMENDMENT NO. 3356

  Mr. CAMPBELL (for Mr. Chafee for himself, Mr. Warner, and Mr. Baucus) 
proposed an amendment to the bill, S. 2312, supra; as follows:

       On page 47, strike lines 11 and 12.
       On page 62, between lines 19 and 20, insert the following:

     SEC. 4____. DEPARTMENT OF TRANSPORTATION HEADQUARTERS.

       (a) In General.--The Administrator of General Services, 
     without further review or approval by any other office of the 
     executive branch, shall--
       (1) acquire an operating lease for the Department of 
     Transportation headquarters; and
       (2) commence procurement of the lease not later than 
     November 1, 1998;

[[Page S9146]]

     in accordance with the authorizing resolutions passed by the 
     Committee on Environment and Public Works of the Senate on 
     November 6, 1997, and the Committee on Transportation and 
     Infrastructure of the House of Representatives on July 23, 
     1997.
       (b) Authorization To Reduce Annual Lease Amounts.--In order 
     to procure an operating lease, the Administrator of General 
     Services shall reduce the annual lease amounts authorized by 
     the resolutions to such extent as is necessary to effectuate 
     an operating lease at the time at which the lease is 
     executed.

     SEC. 4____. SECURITY OF CAPITOL COMPLEX.

       There is appropriated to the Architect of the Capitol for 
     costs associated with the security of the Capitol complex 
     $14,105,000.
                                 ______
                                 

                      THOMPSON AMENDMENT NO. 3357

  (Ordered to lie on the table.)
  Mr. THOMPSON submitted an amendment intended to be proposed by him to 
the bill, S. 2312, supra; as follows:

       Strike section 625 and insert the following:
       Sec. 625. (a) In General.--Beginning in calendar year 2000, 
     and every 2 calendar years thereafter, the Director of the 
     Office of Management and Budget shall prepare and submit to 
     Congress, with the budget submitted under section 1105 of 
     title 31, United States Code, an accounting statement and 
     associated report containing--
       (1) an estimate of the total annual costs and benefits 
     (including quantifiable and nonquantifiable effects) of 
     Federal rules and paperwork, to the extent feasible--
       (A) in the aggregate;
       (B) by agency and agency program; and
       (C) by major rule;
       (2) an analysis of impacts of Federal regulation on State, 
     local, and tribal government, small business, wages, and 
     economic growth; and
       (3) recommendations for reform.
       (b) Notice.--The Director of the Office of Management and 
     Budget shall provide public notice and an opportunity to 
     comment on the statement and report under subsection (a) 
     before the statement and report are submitted to Congress.
       (c) Guidelines.--To implement this section, the Director of 
     the Office of Management and Budget shall issue guidelines to 
     agencies to standardize--
       (1) measures of costs and benefits; and
       (2) the format of accounting statements.
       (d) Peer Review.--The Director of the Office of Management 
     and Budget shall provide for independent and external peer 
     review of the guidelines and each accounting statement and 
     associated report under this section. Such peer review shall 
     not be subject to the Federal Advisory Committee Act (5 
     U.S.C. App.).
                                 ______
                                 

                GRASSLEY (AND OTHERS) AMENDMENT NO. 3358

  (Ordered to lie on the table.)
  Mr. GRASSLEY (for himself, Mr. D'Amato, Mr. Sessions, Mr. Stevens, 
and Mr. Grams) submitted an amendment intended to be proposed by them 
to the bill, S. 2312, supra; as follows:

       At the appropriate place, insert the following:
       Sec. ____. (a) Definitions.--In this section--
       (1) the term ``crime of violence'' has the meaning given 
     that term in section 16 of title 18, United States Code; and
       (2) the term ``law enforcement officer'' means any employee 
     described in subparagraph (A), (B), or (C) of section 
     8401(17) of title 5, United States Code; and any special 
     agent in the Diplomatic Security Service of the Department of 
     State.
       (b) Rule of Construction.--Notwithstanding any other 
     provision of law, for purposes of chapter 171 of title 28, 
     United States Code, or any other provision of law relating to 
     tort liability, a law enforcement officer shall be construed 
     to be acting within the scope of his or her office or 
     employment, if the officer takes any reasonable action, 
     including the use of force, that is determined by the officer 
     to be necessary to--
       (1) protect an individual in the presence of the officer 
     from a crime of violence;
       (2) provide immediate assistance to an individual who has 
     suffered or who is threatened with bodily harm; or
       (3) prevent the escape of any individual who the officer 
     reasonably believes to have committed in the presence of the 
     officer a crime of violence.

                          ____________________