[Congressional Record Volume 144, Number 104 (Wednesday, July 29, 1998)]
[Senate]
[Pages S9255-S9272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENT SUBMITTED

                                 ______
                                 

        TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 1999

                                 ______
                                 

               BROWNBACK (AND OTHERS) AMENDMENT NO. 3359

  Mr. BROWNBACK (for himself, Mr. Ashcroft, Mr. Inhofe, Mr. Grams, Mr. 
Smith of New Hampshire, Mrs. Hutchison, Mr. Faircloth, Mr. Abraham, Mr. 
Lott, Mr. Campbell, Mr. Helms, Mr. Smith of Oregon, and Mr. Hutchinson) 
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:

       At the appropriate place insert the following:

     SEC. __. COMBINED RETURN TO WHICH UNMARRIED RATES APPLY.

       (a) In General.--Subpart B of part II of subchapter A of 
     chapter 61 of the Internal Revenue Code of 1986 (relating to 
     income tax returns) is amended by inserting after section 
     6013 the following new section:

     ``SEC. 6013A. COMBINED RETURN WITH SEPARATE RATES.

       ``(a) General Rule.--A husband and wife may make a combined 
     return of income taxes under subtitle A under which--
       ``(1) a separate taxable income is determined for each 
     spouse by applying the rules provided in this section, and
       ``(2) the tax imposed by section 1 is the aggregate amount 
     resulting from applying the separate rates set forth in 
     section 1(c) to each such taxable income.
       ``(b) Determination of Taxable Income.--
       ``(1) In general.--For purposes of subsection (a)(1), the 
     taxable income for each spouse shall be one-half of the 
     taxable income computed as if the spouses were filing a joint 
     return.
       ``(2) Nonitemizers.--For purposes of paragraph (1), if an 
     election is made not to itemize deductions for any taxable 
     year, the basic standard deduction shall be equal to the 
     amount which is twice the basic standard deduction under 
     section 63(c)(2)(C) for the taxable year.
       ``(c) Treatment of Credits.--Credits shall be determined 
     (and applied against the joint liability of the couple for 
     tax) as if the spouses had filed a joint return.
       ``(d) Treatment as Joint Return.--Except as otherwise 
     provided in this section or in the regulations prescribed 
     hereunder, for purposes of this title (other than sections 1 
     and 63(c)) a combined return under this section shall be 
     treated as a joint return.
       ``(e) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     this section.''
       (b) Unmarried Rate Made Applicable.--So much of subsection 
     (c) of section 1 of such Code as precedes the table is 
     amended to read as follows:
       ``(c) Separate or Unmarried Return Rate.--There is hereby 
     imposed on the taxable income of every individual (other than 
     a married individual (as defined in section 7703) filing a 
     joint return or a separate return, a surviving spouse as 
     defined in section 2(a), or a head of household as defined in 
     section 2(b)) a tax determined in accordance with the 
     following table:''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part II of subchapter A of chapter 61 of such Code is 
     amended by inserting after the item relating to section 6013 
     the following:

``Sec. 6013A. Combined return with separate rates.''
       (d) Budget Directive.--The members of the conference on the 
     congressional budget resolution for fiscal year 1999 shall 
     provide in the conference report sufficient spending 
     reductions to offset the reduced revenues received by the 
     United States Treasury resulting from the amendments made by 
     this section.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 

                      FAIRCLOTH AMENDMENT NO. 3360

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


[[Page S9256]]


       At the appropriate place, insert the following:

     SEC. .SENSE OF THE SENATE REGARDING THE TAX DEDUCTIBILITY OF 
                   BREAST CANCER POSTAGE STAMP.

       (a) Findings.--The Senate finds that--
       (1) There are 1.8 million women in America today with 
     breast cancer;
       (2) Another one million women do not know they have it;
       (3) Breast cancer kills 46,000 women a year, and is one of 
     the leading causes of death in women of all ages, and the 
     second leading cause of cancer death in all women, claiming a 
     life every 12 minutes in the United States;
       (4) On August 13, 1997, the ``Stamp Out Breast Cancer 
     Act,'' Public Law 105-41, was signed into law, directing the 
     United States Postal Service to establish a special first-
     class postage stamp, or semi-postal, at a cost not to exceed 
     25 percent above the regular first-class rate of postage;
       (5) Amounts raised by the special breast cancer semi-postal 
     above the regular first-class rate are to be available for 
     breast cancer research, 70 percent of such funds the Postal 
     Service shall pay to the National Institutes of Health and 
     the remainder the Postal Service shall pay to Department of 
     Defense.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Internal Revenue Service should promulgate such 
     rules and regulations as may be necessary concerning the 
     differential amount above the regular first-class postage 
     rate which is dedicated for breast cancer research, to ensure 
     that purchasers of the breast cancer semi-postal postage 
     stamp may deduct said amounts as a charitable contribution, 
     as defined in Title 26 of the Internal Revenue Code, Section 
     170.
                                 ______
                                 

                      FAIRCLOTH AMENDMENT NO. 3361

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

       At the approriate place, insert the following:

     SEC.  . RESTRICTION ON THE USE OF THE EXCHANGE STABILIZATION 
                   FUND

       (a) Short Title.--This Act may be cited as the 
     ``Accountability for International Bailouts Act of 1997''.
       (b) Congressional Approval.--Section 5302 of tile 31, 
     United States Code, is amended by adding at the end the 
     following:
       `(e) Congressional Approval.--Notwithstanding any other 
     provision of this section, the Secretary of the Treasury may 
     not make any expenditure or loan, incur any other obligation, 
     or make any guarantee in excess of $250,000,000 through the 
     stabilization fund, for the purpose of engaging in a 
     coordinated international rescue plan for any foreign entity 
     or any government of a foreign country, without the approval 
     of Congress.'.
                                 ______
                                 

                  ABRAHAM (OTHERS) AMENDMENT NO. 3362

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself, Mr. Faircloth, Mr. Sessions, Mr. 
Hutchinson, Mr. DeWine, Mr. McCain, Mr. Brownback, Mr. Enzi, Mr. Helms, 
Mr. Coverdell, and Mr. Ashcroft) 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. __. ASSESSMENT OF FEDERAL REGULATIONS AND POLICIES ON 
                   FAMILIES.

       (a) Purposes.--The purposes of this section are to--
       (1) require agencies to assess the impact of proposed 
     agency actions on family well-being; and
       (2) improve the management of executive branch agencies.
       (b) Definitions.--In this section--
       (1) the term ``agency'' has the meaning given the term 
     ``Executive agency'' by section 105 of title 5, United States 
     Code, except such term does not include the General 
     Accounting Office; and
       (2) the term ``family'' means--
       (A) a group of individuals related by blood, marriage, or 
     adoption who live together as a single household; and
       (B) any individual who is not a member of such group, but 
     who is related by blood, marriage, or adoption to a member of 
     such group, and over half of whose support in a calendar year 
     is received from such group.
       (c) Family Policymaking Assessment.--Before implementing 
     policies and regulations that may affect family well-being, 
     each agency shall assess such actions with respect to 
     whether--
       (1) the action strengthens or erodes the stability of the 
     family and, particularly, the marital commitment;
       (2) the action strengthens or erodes the authority and 
     rights of parents in the education, nurture, and supervision 
     of their children;
       (3) the action helps the family perform its functions, or 
     substitutes governmental activity for the function;
       (4) the action increases or decreases disposable family 
     income;
       (5) the proposed benefits of the action justify the 
     financial impact on the family;
       (6) the action may be carried out by State or local 
     government or by the family; and
       (7) the action establishes an implicit or explicit policy 
     concerning the relationship between the behavior and personal 
     responsibility of youth, and the norms of society.
       (d) Governmentwide Family Policy Coordination and Review.--
       (1) Certification and rationale.--With respect to each 
     proposed policy or regulation that may affect family well-
     being, the head of each agency shall--
       (A) submit a written certification to the Director of the 
     Office of Management and Budget and to Congress that such 
     policy or regulation has been assessed in accordance with 
     this section; and
       (B) provide an adequate rationale for implementation of 
     each policy or regulation that may negatively affect family 
     well-being.
       (2) Office of management and budget.--The Director of the 
     Office of Management and Budget shall--
       (A) ensure that policies and regulations proposed by 
     agencies are implemented consistent with this section; and
       (B) compile, index, and submit annually to the Congress the 
     written certifications received pursuant to paragraph (1)(A).
       (3) Office of policy development.--The Office of Policy 
     Development shall--
       (A) assess proposed policies and regulations in accordance 
     with this section;
       (B) provide evaluations of policies and regulations that 
     may affect family well-being to the Director of the Office of 
     Management and Budget; and
       (C) advise the President on policy and regulatory actions 
     that may be taken to strengthen the institutions of marriage 
     and family in the United States.
       (e) Assessments Upon Request by Members of Congress.--Upon 
     request by a Member of Congress relating to a proposed policy 
     or regulation, an agency shall conduct an assessment in 
     accordance with subsection (c), and shall provide a 
     certification and rationale in accordance with subsection 
     (d).
         (f) Judicial Review.--This section is not intended to 
     create any right or benefit, substantive or procedural, 
     enforceable at law by a party against the United States, its 
     agencies, its officers, or any person.
                                 ______
                                 

                  MACK (AND GRAHAM) AMENDMENT NO. 3363

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

       At the appropriate place in title IV, insert:

     SEC. __. LAND CONVEYANCE, UNITED STATES NAVAL OBSERVATORY/
                   ALTERNATE TIME SERVICE LABORATORY, FLORIDA.

       (a) Conveyance Authorized.--If the Secretary of the Navy 
     reports to the Administrator of General Services that the 
     property described in subsection (b) is excess property of 
     the Department of the Navy under section 202(b) of the 
     Federal Property and Administrative Services Act of 1949 (40 
     U.S.C. 483(b)), and if the Administrator of General Services 
     determines that such property is surplus property under that 
     Act, then the Administrator may convey to the University of 
     Miami, by negotiated sale or negotiated land exchange within 
     one year after the date of the determination by the 
     Administrator, all right, title, and interest of the United 
     States in and to the property.
       (b) Covered Property.--The property referred to in 
     subsection (a) is real property in Miami-Dade County, 
     Florida, including improvements thereon, comprising the 
     Federal facility known as the United States Naval 
     Observatory/Alternate Time Service Laboratory, consisting of 
     approximately 76 acres. The exact acreage and legal 
     description of the property shall be determined by a survey 
     that is satisfactory to the Administrator.
       (c) Condition Regarding Use.--Any conveyance under 
     subsection (a) shall be subject to the condition that during 
     the 10-year period beginning on the date of the conveyance, 
     the University shall use the property, or provide for use of 
     the property, only for--
       (1) a research, education, and training facility 
     complementary to longstanding national research missions, 
     subject to such incidental exceptions as may be approved by 
     the Administrator;
       (2) research-related purposes other than the use specified 
     in paragraph (1), under an agreement entered into by the 
     Administrator and the University; or
       (3) a combination of uses described in paragraph (1) and 
     paragraph (2), respectively.
       (d) Reversion.--If the Administrator determines at any time 
     that the property conveyed under subsection (a) is not being 
     used in accordance with this section, all right, title, and 
     interest in and to the property, including any improvements 
     thereon, shall revert to the United States, and the United 
     States shall have the right of immediate entry thereon.
       (e) Additional Terms and Conditions.--The Administrator may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Administrator 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 

                JEFFORDS (AND OTHERS) AMENDMENT NO. 3364

  Mr. CAMBELL (for Mr. Jeffords for himself, Ms. Landrieu, Mr. Dodd, 
Mr. Kohl, and Mr. Johnson) proposed an

[[Page S9257]]

amendment to the bill, S. 2312, supra; as follows:

       At the appropriate place, insert the following:
               TITLE __--CHILD CARE IN FEDERAL FACILITIES

     SEC. __1. SHORT TITLE.

       This title may be cited as ``Quality Child Care for Federal 
     Employees''.

     SEC. __2. PROVIDING QUALITY CHILD CARE IN FEDERAL FACILITIES.

       (a) Definition.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Child care accreditation entity.--The term ``child care 
     accreditation entity'' means a nonprofit private organization 
     or public agency that--
       (A) is recognized by a State agency or by a national 
     organization that serves as a peer review panel on the 
     standards and procedures of public and private child care or 
     school accrediting bodies; and
       (B) accredits a facility to provide child care on the basis 
     of--
       (i) an accreditation or credentialing instrument based on 
     peer-validated research;
       (ii) compliance with applicable State or local licensing 
     requirements, as appropriate, for the facility;
       (iii) outside monitoring of the facility; and
       (iv) criteria that provide assurances of--

       (I) use of developmentally appropriate health and safety 
     standards at the facility;
       (II) use of developmentally appropriate educational 
     activities, as an integral part of the child care program 
     carried out at the facility; and
       (III) use of ongoing staff development or training 
     activities for the staff of the facility, including related 
     skills-based testing.

       (3) Entity sponsoring a child care facility.--The term 
     ``entity sponsoring a child care facility'' means a Federal 
     agency that operates, or an entity that enters into a 
     contract or licensing agreement with a Federal agency to 
     operate, a child care facility primarily for the use of 
     Federal employees.
       (4) Executive agency.--The term ``Executive agency'' has 
     the meaning given the term in section 105 of title 5, United 
     States Code, except that the term--
       (A) does not include the Department of Defense and the 
     Coast Guard; and
       (B) includes the General Services Administration, with 
     respect to the administration of a facility described in 
     paragraph (5)(B).
       (5) Executive facility.--The term ``executive facility''--
       (A) means a facility that is owned or leased by an 
     Executive agency; and
       (B) includes a facility that is owned or leased by the 
     General Services Administration on behalf of a judicial 
     office.
       (6) Federal agency.--The term ``Federal agency'' means an 
     Executive agency or a legislative office.
       (7) Judicial office.--The term ``judicial office'' means an 
     entity of the judicial branch of the Federal Government.
       (8) Legislative facility.--The term ``legislative 
     facility'' means a facility that is owned or leased by a 
     legislative office.
       (9) Legislative office.--The term ``legislative office'' 
     means an entity of the legislative branch of the Federal 
     Government.
       (10) State.--The term ``State'' has the meaning given the 
     term in section 658P of the Child Care and Development Block 
     Grant Act (42 U.S.C. 9858n).
       (b) Executive Branch Standards and Compliance.--
       (1) State and local licensing requirements.--
       (A) In general.--Any entity sponsoring a child care 
     facility in an executive facility shall--
       (i) comply with child care standards described in paragraph 
     (2) that, at a minimum, include applicable State or local 
     licensing requirements, as appropriate, related to the 
     provision of child care in the State or locality involved; or
       (ii) obtain the applicable State or local licenses, as 
     appropriate, for the facility.
       (B) Compliance.--Not later than 6 months after the date of 
     enactment of this Act--
       (i) the entity shall comply, or make substantial progress 
     (as determined by the Administrator) toward complying, with 
     subparagraph (A); and
       (ii) any contract or licensing agreement used by an 
     Executive agency for the provision of child care services in 
     such child care facility shall include a condition that the 
     child care be provided by an entity that complies with the 
     standards described in subparagraph (A)(i) or obtains the 
     licenses described in subparagraph (A)(ii).
       (2) Health, safety, and facility standards.--The 
     Administrator shall by regulation establish standards 
     relating to health, safety, facilities, facility design, and 
     other aspects of child care that the Administrator determines 
     to be appropriate for child care in executive facilities, and 
     require child care services in executive facilities to comply 
     with the standards. Such standards shall include requirements 
     that child care facilities be inspected for, and be free of, 
     lead hazards.
       (3) Accreditation standards.--
       (A) In general.--The Administrator shall issue regulations 
     requiring, to the maximum extent possible, any entity 
     sponsoring an eligible child care facility (as defined by the 
     Administrator) in an executive facility to comply with 
     standards of a child care accreditation entity.
       (B) Compliance.--The regulations shall require that, not 
     later than 5 years after the date of enactment of this Act--
       (i) the entity shall comply, or make substantial progress 
     (as determined by the Administrator) toward complying, with 
     the standards; and
       (ii) any contract or licensing agreement used by an 
     Executive agency for the provision of child care services in 
     such child care facility shall include a condition that the 
     child care be provided by an entity that complies with the 
     standards.
       (4) Evaluation and compliance.--
       (A) In general.--The Administrator shall evaluate the 
     compliance, with the requirements of paragraph (1) and the 
     regulations issued pursuant to paragraphs (2) and (3), as 
     appropriate, of child care facilities, and entities 
     sponsoring child care facilities, in executive facilities. 
     The Administrator may conduct the evaluation of such a child 
     care facility or entity directly, or through an agreement 
     with another Federal agency or private entity, other than the 
     Federal agency for which the child care facility is providing 
     services. If the Administrator determines, on the basis of 
     such an evaluation, that the child care facility or entity is 
     not in compliance with the requirements, the Administrator 
     shall notify the Executive agency.
       (B) Effect of noncompliance.--On receipt of the 
     notification of noncompliance issued by the Administrator, 
     the head of the Executive agency shall--
       (i) if the entity operating the child care facility is the 
     agency--

       (I) not later than 2 business days after the date of 
     receipt of the notification, correct any deficiencies that 
     are determined by the Administrator to be life threatening or 
     to present a risk of serious bodily harm;
       (II) develop and provide to the Administrator a plan to 
     correct any other deficiencies in the operation of the 
     facility and bring the facility and entity into compliance 
     with the requirements not later than 4 months after the date 
     of receipt of the notification;
       (III) provide the parents of the children receiving child 
     care services at the child care facility and employees of the 
     facility with a notification detailing the deficiencies 
     described in subclauses (I) and (II) and actions that will be 
     taken to correct the deficiencies, and post a copy of the 
     notification in a conspicuous place in the facility for 5 
     working days or until the deficiencies are corrected, 
     whichever is later;
       (IV) bring the child care facility and entity into 
     compliance with the requirements and certify to the 
     Administrator that the facility and entity are in compliance, 
     based on an onsite evaluation of the facility conducted by an 
     independent entity with expertise in child care health and 
     safety; and
       (V) in the event that deficiencies determined by the 
     Administrator to be life threatening or to present a risk of 
     serious bodily harm cannot be corrected within 2 business 
     days after the date of receipt of the notification, close the 
     child care facility, or the affected portion of the facility, 
     until such deficiencies are corrected and notify the 
     Administrator of such closure; and

       (ii) if the entity operating the child care facility is a 
     contractor or licensee of the Executive agency--

       (I) require the contractor or licensee, not later than 2 
     business days after the date of receipt of the notification, 
     to correct any deficiencies that are determined by the 
     Administrator to be life threatening or to present a risk of 
     serious bodily harm;
       (II) require the contractor or licensee to develop and 
     provide to the head of the agency a plan to correct any other 
     deficiencies in the operation of the child care facility and 
     bring the facility and entity into compliance with the 
     requirements not later than 4 months after the date of 
     receipt of the notification;
       (III) require the contractor or licensee to provide the 
     parents of the children receiving child care services at the 
     child care facility and employees of the facility with a 
     notification detailing the deficiencies described in 
     subclauses (I) and (II) and actions that will be taken to 
     correct the deficiencies, and to post a copy of the 
     notification in a conspicuous place in the facility for 5 
     working days or until the deficiencies are corrected, 
     whichever is later;
       (IV) require the contractor or licensee to bring the child 
     care facility and entity into compliance with the 
     requirements and certify to the head of the agency that the 
     facility and entity are in compliance, based on an onsite 
     evaluation of the facility conducted by an independent entity 
     with expertise in child care health and safety; and
       (V) in the event that deficiencies determined by the 
     Administrator to be life threatening or to present a risk of 
     serious bodily harm cannot be corrected within 2 business 
     days after the date of receipt of the notification, close the 
     child care facility, or the affected portion of the facility, 
     until such deficiencies are corrected and notify the 
     Administrator of such closure, which closure may be grounds 
     for the immediate termination or suspension of the contract 
     or license of the contractor or licensee.

       (C) Cost reimbursement.--The Executive agency shall 
     reimburse the Administrator for the costs of carrying out 
     subparagraph (A) for child care facilities located in an 
     executive facility other than an executive facility of the 
     General Services Administration. If an entity is sponsoring a 
     child care facility for 2 or more Executive agencies, the

[[Page S9258]]

     Administrator shall allocate the costs of providing such 
     reimbursement with respect to the entity among the agencies 
     in a fair and equitable manner, based on the extent to which 
     each agency is eligible to place children in the facility.
       (5) Disclosure of prior violations to parents and facility 
     employees.--The Administrator shall issue regulations that 
     require that each entity sponsoring a child care facility in 
     an Executive facility, upon receipt by the child care 
     facility or the entity (as applicable) of a request by any 
     individual who is a parent of any child enrolled at the 
     facility, a parent of a child for whom an application has 
     been submitted to enroll at the facility, or an employee of 
     the facility, shall provide to the individual--
       (A) copies of all notifications of deficiencies that have 
     been provided in the past with respect to the facility under 
     clause (i)(III) or (ii)(III), as applicable, of paragraph 
     (4)(B); and
       (B) a description of the actions that were taken to correct 
     the deficiencies.
       (c) Legislative Branch Standards and Compliance.--
       (1) State and local licensing requirements, health, safety, 
     and facility standards, and accreditation standards.--
       (A) In general.--The Chief Administrative Officer of the 
     House of Representatives shall issue regulations, approved by 
     the Committee on House Oversight of the House of 
     Representatives, governing the operation of the House of 
     Representatives Child Care Center. The Librarian of Congress 
     shall issue regulations, approved by the appropriate House 
     and Senate committees with jurisdiction over the Library of 
     Congress, governing the operation of the child care center 
     located at the Library of Congress. Subject to paragraph (3), 
     the head of a designated entity in the Senate shall issue 
     regulations, approved by the Committee on Rules and 
     Administration of the Senate, governing the operation of the 
     Senate Employees' Child Care Center.
       (B) Stringency.--The regulations described in subparagraph 
     (A) shall be no less stringent in content and effect than the 
     requirements of subsection (b)(1) and the regulations issued 
     by the Administrator under paragraphs (2) and (3) of 
     subsection (b), except to the extent that appropriate 
     administrative officers, with the approval of the appropriate 
     House or Senate committees with oversight responsibility for 
     the centers, may jointly or independently determine, for good 
     cause shown and stated together with the regulations, that a 
     modification of such regulations would be more effective for 
     the implementation of the requirements and standards 
     described in paragraphs (1), (2), and (3) of subsection (b) 
     for child care facilities, and entities sponsoring child care 
     facilities, in the corresponding legislative facilities.
       (2) Evaluation and compliance.--
       (A) Administration.--Subject to paragraph (3), the Chief 
     Administrative Officer of the House of Representatives, the 
     head of the designated Senate entity, and the Librarian of 
     Congress, shall have the same authorities and duties--
       (i) with respect to the evaluation of, compliance of, and 
     cost reimbursement for child care facilities, and entities 
     sponsoring child care facilities, in the corresponding 
     legislative facilities as the Administrator has under 
     subsection (b)(4) with respect to the evaluation of, 
     compliance of, and cost reimbursement for such facilities and 
     entities sponsoring such facilities, in executive facilities; 
     and
       (ii) with respect to issuing regulations requiring the 
     entities sponsoring child care facilities in the 
     corresponding legislative facilities to provide notifications 
     of deficiencies and descriptions of corrective actions as the 
     Administration has under subsection (b)(5) with respect to 
     issuing regulations requiring the entities sponsoring child 
     care facilities in executive facilities to provide 
     notifications of deficiencies and descriptions of corrective 
     actions.
       (B) Enforcement.--Subject to paragraph (3), the Committee 
     on House Oversight of the House of Representatives and the 
     Committee on Rules and Administration of the Senate, as 
     appropriate, shall have the same authorities and duties with 
     respect to the compliance of and cost reimbursement for child 
     care facilities, and entities sponsoring child care 
     facilities, in the corresponding legislative facilities as 
     the head of an Executive agency has under subsection (b)(4) 
     with respect to the compliance of and cost reimbursement for 
     such facilities and entities sponsoring such facilities, in 
     executive facilities.
       (3) Interim status.--Until such time as the Committee on 
     Rules and Administration of the Senate establishes, or the 
     head of the designated Senate entity establishes, standards 
     described in paragraphs (1), (2), and (3) of subsection (b) 
     governing the operation of the Senate Employees' Child Care 
     Center, such facility shall maintain current accreditation 
     status.
       (d) Application.--Notwithstanding any other provision of 
     this section, if 8 or more child care facilities are 
     sponsored in facilities owned or leased by an Executive 
     agency, the Administrator shall delegate to the head of the 
     agency the evaluation and compliance responsibilities 
     assigned to the Administrator under subsection (b)(4)(A).
       (e) Technical Assistance, Studies, and Reviews.--The 
     Administrator may provide technical assistance, and conduct 
     and provide the results of studies and reviews, for Executive 
     agencies, and entities sponsoring child care facilities in 
     executive facilities, on a reimbursable basis, in order to 
     assist the entities in complying with this section. The Chief 
     Administrative Officer of the House of Representatives, the 
     Librarian of Congress, and the head of the designated Senate 
     entity described in subsection (c), may provide technical 
     assistance, and conduct and provide the results of studies 
     and reviews, or request that the Administrator provide 
     technical assistance, and conduct and provide the results of 
     studies and reviews, for the corresponding legislative 
     offices, and entities operating child care facilities in the 
     corresponding legislative facilities, on a reimbursable 
     basis, in order to assist the entities in complying with this 
     section.
       (f) Council.--The Administrator shall establish an 
     interagency council, comprised of representatives of all 
     Executive agencies described in subsection (d), a 
     representative of the Chief Administrative Officer of the 
     House of Representatives, a representative of the designated 
     Senate entity described in subsection (c), and a 
     representative of the Librarian of Congress, to facilitate 
     cooperation and sharing of best practices, and to develop and 
     coordinate policy, regarding the provision of child care, 
     including the provision of areas for nursing mothers and 
     other lactation support facilities and services, in the 
     Federal Government.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $900,000 for 
     fiscal year 1999 and such sums as may be necessary for each 
     subsequent fiscal year.

     SEC. __3. CHILD CARE SERVICES FOR FEDERAL EMPLOYEES.

       (a) In General.--An Executive agency that provides or 
     proposes to provide child care services for Federal employees 
     may use agency funds to provide the child care services, in a 
     facility that is owned or leased by an Executive agency, or 
     through a contractor, for civilian employees of such agency.
       (b) Affordability.--Funds so used with respect to any such 
     facility or contractor 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 Director of the Office of Personnel 
     Management 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.

     SEC. __4. MISCELLANEOUS PROVISIONS RELATING TO CHILD CARE 
                   PROVIDED BY FEDERAL AGENCIES.

       (a) Availability of Federal Child Care Centers for Onsite 
     Contractors; Percentage Goal.--Section 616(a) of the Act of 
     December 22, 1987 (40 U.S.C. 490b), is amended--
       (1) in subsection (a), by striking paragraphs (2) and (3) 
     and inserting the following:
       ``(2) such officer or agency determines that such space 
     will be used to provide child care and related services to--
       ``(A) children of Federal employees or onsite Federal 
     contractors; or
       ``(B) dependent children who live with Federal employees or 
     onsite Federal contractors; and
       ``(3) such officer or agency determines that such 
     individual or entity will give priority for available child 
     care and related services in such space to Federal employees 
     and onsite Federal contractors.''; and
       (2) by adding at the end the following:
       ``(e)(1)(A) The Administrator of General Services shall 
     confirm that at least 50 percent of aggregate enrollment in 
     Federal child care centers governmentwide are children of 
     Federal employees or onsite Federal contractors, or dependent 
     children who live with Federal employees or onsite Federal 
     contractors.
       ``(B) Each provider of child care services at an individual 
     Federal child care center shall maintain 50 percent of the 
     enrollment at the center of children described under 
     subparagraph (A) as a goal for enrollment at the center.
       ``(C) If enrollment at a center does not meet the 
     percentage goal under subparagraph (B), the provider shall 
     develop and implement a business plan with the sponsoring 
     Federal agency to achieve the goal within a reasonable 
     timeframe. Such plan shall be approved by the Administrator 
     of General Services based on--
       ``(i) compliance of the plan with standards established by 
     the Administrator; and
       ``(ii) the effect of the plan on achieving the aggregate 
     Federal enrollment percentage goal.
       ``(2) The Administrator of General Services Administration 
     may enter into public-private partnerships or contracts with 
     nongovernmental entities to increase the capacity, quality, 
     affordability, or range of child care and related services 
     and may, on a demonstration basis, waive subsection (a)(3) 
     and paragraph (1) of this subsection.''.
       (b) Payment of Costs of Training Programs.--Section 
     616(b)(3) of such Act (40 U.S.C. 490(b)(3)) is amended to 
     read as follows:
       ``(3) If an agency has a child care facility in its space, 
     or is a sponsoring agency for a child care facility in other 
     Federal or leased space, the agency or the General Services 
     Administration may pay accreditation fees, including renewal 
     fees, for that center to be

[[Page S9259]]

     accredited. Any agency, department, or instrumentality of the 
     United States that provides or proposes to provide child care 
     services for children referred to in subsection (a)(2), may 
     reimburse any Federal employee or any person employed to 
     provide such services for the costs of training programs, 
     conferences, and meetings and related travel, transportation, 
     and subsistence expenses incurred in connection with those 
     activities. Any per diem allowance made under this section 
     shall not exceed the rate specified in regulations prescribed 
     under section 5707 of title 5, United States Code.''.
       (c) Provision of Child Care by Private Entities.--Section 
     616(d) of such Act (40 U.S.C. 490b(d)) is amended to read as 
     follows:
       ``(d)(1) If a Federal agency has a child care facility in 
     its space, or is a sponsoring agency for a child care 
     facility in other Federal or leased space, the agency, the 
     child care center board of directors, or the General Services 
     Administration may enter into an agreement with 1 or more 
     private entities under which such private entities would 
     assist in defraying the general operating expenses of the 
     child care providers including salaries and tuition 
     assistance programs at the facility.
       ``(2)(A) Notwithstanding any other provision of law, if a 
     Federal agency does not have a child care program, or if the 
     Administrator of General Services has identified a need for 
     child care for Federal employees at an agency providing child 
     care services that do not meet the requirements of subsection 
     (a), the agency or the Administrator may enter into an 
     agreement with a non-Federal, licensed, and accredited child 
     care facility, or a planned child care facility that will 
     become licensed and accredited, for the provision of child 
     care services for children of Federal employees.
       ``(B) Before entering into an agreement, the head of the 
     Federal agency shall determine that child care services to be 
     provided through the agreement are more cost effectively 
     provided through such arrangement than through establishment 
     of a Federal child care facility.
       ``(C) The agency may provide any of the services described 
     in subsection (b)(3) if, in exchange for such services, the 
     facility reserves child care spaces for children referred to 
     in subsection (a)(2), as agreed to by the parties. The cost 
     of any such services provided by an agency to a child care 
     facility on behalf of another agency shall be reimbursed by 
     the receiving agency.
       ``(3) This subsection does not apply to residential child 
     care programs.''.
       (d) Pilot Projects.--Section 616 of such Act (40 U.S.C. 
     490b) is further amended by adding at the end the following:
       ``(f)(1) Upon approval of the agency head, an agency may 
     conduct a pilot project not otherwise authorized by law for 
     no more than 2 years to test innovative approaches to 
     providing alternative forms of quality child care assistance 
     for Federal employees. An agency head may extend a pilot 
     project for an additional 2-year period. Before any pilot 
     project may be implemented, a determination shall be made by 
     the agency head that initiating the pilot project would be 
     more cost-effective than establishing a new child care 
     facility. Costs of any pilot project shall be borne solely by 
     the agency conducting the pilot project.
       ``(2) The Administrator of General Services shall serve as 
     an information clearinghouse for pilot projects initiated by 
     other agencies to disseminate information concerning the 
     pilot projects to the other agencies.
       ``(3) Within 6 months after completion of the initial 2-
     year pilot project period, an agency conducting a pilot 
     project under this subsection shall provide for an evaluation 
     of the impact of the project on the delivery of child care 
     services to Federal employees, and shall submit the results 
     of the evaluation to the Administrator of General Services. 
     The Administrator shall share the results with other Federal 
     agencies.''.
       (e) Background Check.--Section 616 of such Act (40 U.S.C. 
     490b) is further amended by adding at the end the following:
       ``(g) Each child care center located in a federally owned 
     or leased facility shall ensure that each employee of such 
     center (including any employee whose employment began before 
     the date of enactment of this subsection) shall undergo a 
     criminal history background check consistent with section 3 
     of the National Child Protection Act of 1993 (42 U.S.C. 
     5119a).''.

     SEC. __5. REQUIREMENT TO PROVIDE LACTATION SUPPORT IN NEW 
                   FEDERAL CHILD CARE FACILITIES.

       (a) Definitions.--In this section, the terms ``Federal 
     agency'', ``executive facility'', and ``legislative 
     facility'' have the meanings given the terms in section __2.
       (b) Lactation Support.--The head of each Federal agency 
     shall require that each child care facility in an executive 
     facility or a legislative facility that is first operated 
     after the 1-year period beginning on the date of enactment of 
     this Act by the Federal agency, or under a contract or 
     licensing agreement with the Federal agency, shall provide 
     reasonable accommodations for the needs of breast-fed infants 
     and their mothers, including providing a lactation area or a 
     room for nursing mothers in part of the operating plan for 
     the facility.
                                 ______
                                 

                       DASCHLE AMENDMENT NO. 3365

  Mr. DASCHLE proposed an amendment to the bill, S. 2312, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. DEDUCTION FOR TWO-EARNER MARRIED COUPLES.

       (a) In General.--Part VII of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to additional 
     itemized deductions for individuals) is amended by 
     redesignating section 222 as section 223 and by inserting 
     after section 221 the following new section:

     ``SEC. 222. DEDUCTION FOR MARRIED COUPLES TO ELIMINATE THE 
                   MARRIAGE PENALTY.

       ``(a) In General.--In the case of a joint return under 
     section 6013 for the taxable year, there shall be allowed as 
     a deduction an amount equal to the applicable percentage of 
     the qualified earned income of the spouse with the lower 
     qualified earned income for the taxable year.
       ``(b) Applicable Percentage.--For purposes of this 
     section--
       ``(1) In general.--The term `applicable percentage' means 
     20 percent, reduced by 2 percentage points for each $1,000 
     (or fraction thereof) by which the taxpayer's modified 
     adjusted gross income for the taxable year exceeds $50,000.
       ``(2) Transition rule for 1999 and 2000.--In the case of 
     taxable years beginning in 1999 and 2000, paragraph (1) shall 
     be applied by substituting `10 percent' for `20 percent' and 
     `1 percentage point' for `2 percentage points'.
       ``(3) Modified adjusted gross income.--For purposes of this 
     subsection, the term `modified adjusted gross income' means 
     adjusted gross income determined--
       ``(A) after application of sections 86, 219, and 469, and
       ``(B) without regard to sections 135, 137, and 911 or the 
     deduction allowable under this section.
       ``(4) Cost-of-living adjustment.--In the case of any 
     taxable year beginning in a calendar year after 2002, the 
     $50,000 amount under paragraph (1) shall be increased by an 
     amount equal to such dollar amount multiplied by the cost-of-
     living adjustment determined under section 1(f)(3) for the 
     calendar year in which the taxable year begins, except that 
     subparagraph (B) thereof shall be applied by substituting 
     `calendar year 2002' for `calendar year 1992'. If any amount 
     as adjusted under this paragraph is not a multiple of $2,000, 
     such amount shall be rounded to the next lowest multiple of 
     $2,000.
       ``(c) Qualified Earned Income Defined.--
       ``(1) In general.--For purposes of this section, the term 
     `qualified earned income' means an amount equal to the excess 
     of--
       ``(A) the earned income of the spouse for the taxable year, 
     over
       ``(B) an amount equal to the sum of the deductions 
     described in paragraphs (1), (2), (7), and (15) of section 62 
     to the extent such deductions are properly allocable to or 
     chargeable against earned income described in subparagraph 
     (A).

     The amount of qualified earned income shall be determined 
     without regard to any community property laws.''
       ``(2) Earned income.--For purposes of paragraph (1), the 
     term `earned income' means income which is earned income 
     within the meaning of section 911(d)(2) or 401(c)(2)(C), 
     except that--
       ``(A) such term shall not include any amount--
       ``(i) not includible in gross income,
       ``(ii) received as a pension or annuity,
       ``(iii) paid or distributed out of an individual retirement 
     plan (within the meaning of section 7701(a)(37)),
       ``(iv) received as deferred compensation, or
       ``(v) received for services performed by an individual in 
     the employ of his spouse (within the meaning of section 
     3121(b)(3)(A)), and
       ``(B) section 911(d)(2)(B) shall be applied without regard 
     to the phrase `not in excess of 30 percent of his share of 
     net profits of such trade or business'.''
       (b) Deduction To Be Above-the-Line.--Section 62(a) of the 
     Internal Revenue Code of 1986 (defining adjusted gross 
     income) is amended by adding after paragraph (17) the 
     following new paragraph:
       ``(18) Deduction for two-earner married couples.--The 
     deduction allowed by section 222.''
       (c) Earned Income Credit Phaseout To Reflect Deduction.--
     Section 32(c)(2) of the Internal Revenue Code of 1986 
     (defining earned income) is amended by adding at the end the 
     following new subparagraph:
       ``(C) Marriage penalty reduction.--Solely for purposes of 
     applying subsection (a)(2)(B), earned income for any taxable 
     year shall be reduced by an amount equal to the amount of the 
     deduction allowed to the taxpayer for such taxable year under 
     section 222.''
       (d) Clerical Amendment.--The table of sections for part VII 
     of subchapter B of chapter 1 of such Code is amended by 
     striking the item relating to section 222 and inserting the 
     following new items:

``Sec. 222. Deduction for married couples to eliminate the marriage 
              penalty.
``Sec. 223. Cross reference.''
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1998.

     SEC. __. MODIFICATION TO FOREIGN TAX CREDIT CARRYBACK AND 
                   CARRYOVER PERIODS.

       (a) In General.--Section 904(c) of the Internal Revenue 
     Code of 1986 (relating to limitation on credit) is amended--
       (1) by striking ``in the second preceding taxable year,'', 
     and

[[Page S9260]]

       (2) by striking ``or fifth'' and inserting ``fifth, sixth, 
     or seventh''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to credits arising in taxable years beginning 
     after December 31, 1998.

     SEC. __. LIMITATION ON REQUIRED ACCRUAL OF AMOUNTS RECEIVED 
                   FOR PERFORMANCE OF CERTAIN PERSONAL SERVICES.

       (a) In General.--Paragraph (5) of section 448(d) of the 
     Internal Revenue Code of 1986 (relating to special rule for 
     services) is amended by inserting ``in fields referred to in 
     paragraph (2)(A)'' after ``services by such person''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     1998.
       (c) Coordination With Section 481.--In the case of any 
     taxpayer required by this section to change its method of 
     accounting for any taxable year--
       (1) such change shall be treated as initiated by the 
     taxpayer;
       (2) such change shall be treated as made with the consent 
     of the Secretary of the Treasury; and
       (3) the period for taking into account the adjustments 
     under section 481 by reason of such change shall be 3 years.

     SEC. __. EXCISE TAX ON PURCHASE OF STRUCTURED SETTLEMENT 
                   AGREEMENTS.

       (a) In General.--Subtitle D of the Internal Revenue Code of 
     1986 (relating to miscellaneous excise taxes) is amended by 
     adding at the end the following:

             ``CHAPTER 48--STRUCTURED SETTLEMENT AGREEMENTS

``Sec. 5000A. Tax on purchases of structured settlement agreements.

     ``SEC. 5000A. TAX ON PURCHASES OF STRUCTURED SETTLEMENT 
                   AGREEMENTS.

       ``(a) Imposition of Tax.--There is hereby imposed on any 
     person who purchases the right to receive payments under a 
     structured settlement agreement a tax equal to 10 percent of 
     the amount of the purchase price.
       ``(b) Exception for Court-Ordered Purchases.--Subsection 
     (a) shall not apply to any purchase which is pursuant to a 
     court order which finds that such purchase is necessary 
     because of the extraordinary and unanticipated needs of the 
     individual with the personal injuries or sickness giving rise 
     to the structured settlement agreement.
       ``(c) Structured Settlement Agreement.--For purposes of 
     this section, the term `structured settlement agreement' 
     means--
       ``(1) any right to receive (whether by suit or agreement) 
     periodic payments as damages on account of personal injuries 
     or sickness, or
       ``(2) any right to receive periodic payments as 
     compensation for personal injuries or sickness under any 
     workmen's compensation act.
       ``(d) Purchase.--For purposes of this section, the term 
     `purchase' has the meaning given such term by section 
     179(d)(2).''
       (b) Conforming Amendment.--The table of chapters for 
     subtitle D of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following:

``Chapter 48. Structured settlement agreements.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to purchases after December 31, 1998.

     SEC. __. PROPERTY SUBJECT TO A LIABILITY TREATED IN SAME 
                   MANNER AS ASSUMPTION OF LIABILITY.

       (a) Repeal of Property Subject to a Liability Test.--
       (1) Section 357.--Section 357(a) of the Internal Revenue 
     Code of 1986 (relating to assumption of liability) is amended 
     by striking ``, or acquires from the taxpayer property 
     subject to a liability'' in paragraph (2).
       (2) Section 358.--Section 358(d)(1) of such Code (relating 
     to assumption of liability) is amended by striking ``or 
     acquired from the taxpayer property subject to a liability''.
       (3) Section 368.--
       (A) Section 368(a)(1)(C) of such Code is amended by 
     striking ``, or the fact that property acquired is subject to 
     a liability,''.
       (B) The last sentence of section 368(a)(2)(B) of such Code 
     is amended by striking ``, and the amount of any liability to 
     which any property acquired from the acquiring corporation is 
     subject,''.
       (b) Clarification of Assumption of Liability.--
       (1) In general.--Section 357 of such Code is amended by 
     adding at the end the following new subsections:
       ``(d) Determination of Amount of Liability Assumed.--
       ``(1) In general.--For purposes of this section, section 
     358(d), section 362(d), section 368(a)(1)(C), and section 
     368(a)(2)(B), except as provided in regulations--
       ``(A) a recourse liability (or portion thereof) shall be 
     treated as having been assumed if, as determined on the basis 
     of all facts and circumstances, the transferee has agreed to, 
     and is expected to, satisfy such liability (or portion), 
     whether or not the transferor has been relieved of such 
     liability; and
       ``(B) a nonrecourse liability shall be treated as having 
     been assumed by the transferee of any asset subject to such 
     liability.
       ``(2) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary to carry out the purposes of 
     this subsection and section 362(d). The Secretary may also 
     prescribe regulations which provide that the manner in which 
     a liability is treated as assumed under this subsection is 
     applied, where appropriate, elsewhere in this title.''.
       (2) Limitation on basis increase attributable to assumption 
     of liability.--Section 362 of such Code is amended by adding 
     at the end the following new subsection:
       ``(d) Limitation on Basis Increase Attributable to 
     Assumption of Liability.--
       ``(1) In general.--In no event shall the basis of any 
     property be increased under subsection (a) or (b) above fair 
     market value (determined without regard to section 7701(g)) 
     by reason of any gain recognized to the transferor as a 
     result of the assumption of a liability.
       ``(2) Treatment of gain not subject to tax.--Except as 
     provided in regulations, if--
       ``(A) gain is recognized to the transferor as a result of 
     an assumption of a nonrecourse liability by a transferee 
     which is also secured by assets not transferred to such 
     transferee; and
       ``(B) no person is subject to tax under this title on such 
     gain,

     then, for purposes of determining basis under subsections (a) 
     and (b), the amount of gain recognized by the transferor as a 
     result of the assumption of the liability shall be determined 
     as if the liability assumed by the transferee equaled such 
     transferee's ratable portion of such liability determined on 
     the basis of the relative fair market values (determined 
     without regard to section 7701(g)) of all of the assets 
     subject to such liability.''.
       (c) Application to Provisions Other Than Subchapter C.--
       (1) Section 584.--Section 584(h)(3) of such Code is 
     amended--
       (A) by striking ``, and the fact that any property 
     transferred by the common trust fund is subject to a 
     liability,'' in subparagraph (A); and
       (B) by striking clause (ii) of subparagraph (B) and 
     inserting:
       ``(ii) Assumed liabilities.--For purposes of clause (i), 
     the term `assumed liabilities' means any liability of the 
     common trust fund assumed by any regulated investment company 
     in connection with the transfer referred to in paragraph 
     (1)(A).
       ``(C) Assumption.--For purposes of this paragraph, in 
     determining the amount of any liability assumed, the rules of 
     section 357(d) shall apply.''.
       (2) Section 1031.--The last sentence of section 1031(d) of 
     such Code is amended--
       (A) by striking ``assumed a liability of the taxpayer or 
     acquired from the taxpayer property subject to a liability'' 
     and inserting ``assumed (as determined under section 357(d)) 
     a liability of the taxpayer''; and
       (B) by striking ``or acquisition (in the amount of the 
     liability)''.
       (d) Conforming Amendments.--
       (1) Section 351(h)(1) of such Code is amended by striking 
     ``, or acquires property subject to a liability,''.
       (2) Section 357 of such Code is amended by striking ``or 
     acquisition'' each place it appears in subsection (a) or (b).
       (3) Section 357(b)(1) of such Code is amended by striking 
     ``or acquired''.
       (4) Section 357(c)(1) of such Code is amended by striking 
     ``, plus the amount of the liabilities to which the property 
     is subject,''.
       (5) Section 357(c)(3) of such Code is amended by striking 
     ``or to which the property transferred is subject''.
       (6) Section 358(d)(1) of such Code is amended by striking 
     ``or acquisition (in the amount of the liability)''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to transfers after December 31, 1998.

     SEC. __. CLARIFICATION AND EXPANSION OF MATHEMATICAL ERROR 
                   ASSESSMENT PROCEDURES.

       (a) TIN Deemed Incorrect if Information on Return Differs 
     With Agency Records.--Section 6213(g)(2) of the Internal 
     Revenue Code of 1986 (defining mathematical or clerical 
     error) is amended by adding at the end the following flush 
     sentence:

     ``A taxpayer shall be treated as having omitted a correct TIN 
     for purposes of the preceding sentence if information 
     provided by the taxpayer on the return with respect to the 
     individual whose TIN was provided differs from the 
     information the Secretary obtains from the person issuing the 
     TIN.''
       (b) Expansion of Mathematical Error Procedures to Cases 
     Where TIN Establishes Individual Not Eligible for Tax 
     Credit.--Section 6213(g)(2) of the Internal Revenue Code of 
     1986 is amended by striking ``and'' at the end of 
     subparagraph (J), by striking the period at the end of the 
     subparagraph (K) and inserting ``, and'', and by adding at 
     the end the following new subparagraph:
       ``(L) the inclusion on a return of a TIN required to be 
     included on the return under section 21, 24, or 32 if--
       ``(i) such TIN is of an individual whose age affects the 
     amount of the credit under such section, and
       ``(ii) the computation of the credit on the return reflects 
     the treatment of such individual as being of an age different 
     from the individual's age based on such TIN.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1998.

     SEC. __. EXTENSION OF HAZARDOUS SUBSTANCE SUPERFUND TAXES.

       (a) Extension of Taxes.--
       (1) Environmental tax.--Section 59A(e) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(e) Application of Tax.--The tax imposed by this section 
     shall apply to taxable years

[[Page S9261]]

     beginning after December 31, 1986, and before January 1, 
     1996, and to taxable years beginning after December 31, 1998, 
     and before January 1, 2009.''
       (2) Excise taxes.--Section 4611(e) of such Code is amended 
     to read as follows:
       ``(e) Application of Hazardous Substance Superfund 
     Financing Rate.--The Hazardous Substance Superfund financing 
     rate under this section shall apply after December 31, 1986, 
     and before January 1, 1996, and after December 31, 1998, and 
     before October 1, 2008.''
       (b) Effective Dates.--
       (1) Income tax.--The amendment made by subsection (a)(1) 
     shall apply to taxable years beginning after December 31, 
     1998.
       (2) Excise tax.--The amendment made by subsection (a)(2) 
     shall take effect on January 1, 1999.

     SEC. __. TREATMENT OF CERTAIN DEDUCTIBLE LIQUIDATING 
                   DISTRIBUTIONS OF REGULATED INVESTMENT COMPANIES 
                   AND REAL ESTATE INVESTMENT TRUSTS.

       (a) In General.--Section 332 of the Internal Revenue Code 
     of 1986 (relating to complete liquidations of subsidiaries) 
     is amended by adding at the end the following new subsection:
       ``(c) Deductible Liquidating Distributions of Regulated 
     Investment Companies and Real Estate Investment Trusts.--If a 
     corporation receives a distribution from a regulated 
     investment company or a real estate investment trust which is 
     considered under subsection (b) as being in complete 
     liquidation of such company or trust, then, notwithstanding 
     any other provision of this chapter, such corporation shall 
     recognize and treat as a dividend from such company or trust 
     an amount equal to the deduction for dividends paid allowable 
     to such company or trust by reason of such distribution.''.
       (b) Conforming Amendments.--
       (1) The material preceding paragraph (1) of section 332(b) 
     of such Code is amended by striking ``subsection (a)'' and 
     inserting ``this section''.
       (2) Paragraph (1) of section 334(b) of such Code is amended 
     by striking ``section 332(a)'' and inserting ``section 332''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to distributions after December 31, 2002.
                                 ______
                                 

                       INHOFE AMENDMENT NO. 3366

  Mr. INHOFE proposed an amendment to the bill, S. 2312, supra; as 
follows:

       On page 82, line 16, after the end period insert: ``This 
     subsection shall not apply unless the Joint Chiefs of Staff 
     and the unified combatant commanders certify in writing to 
     the Committee on Armed Services of the Senate and the 
     Committee on National Security of the House of 
     Representatives that the signing of the Convention is 
     consistent with the combat requirements and safety of the 
     armed forces of the United States.''.
                                 ______
                                 

                  HATCH (AND BIDEN) AMENDMENT NO. 3367

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

       At the end of the bill, add the following:
   TITLE VII--OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Office of National Drug 
     Control Policy Reauthorization Act of 1998''.

     SEC. 702. DEFINITIONS.

       In this title:
       (1) Demand reduction.--The term ``demand reduction'' means 
     any activity conducted by a National Drug Control Program 
     agency, other than an enforcement activity, that is intended 
     to reduce the use of drugs, including--
       (A) drug abuse education;
       (B) drug abuse prevention;
       (C) drug abuse treatment;
       (D) drug abuse research;
       (E) drug abuse rehabilitation;
       (F) drug-free workplace programs; and
       (G) drug testing.
       (2) Director.--The term ``Director'' means the Director of 
     National Drug Control Policy.
       (3) Drug.--The term ``drug'' has the meaning given the term 
     ``controlled substance'' in section 102(6) of the Controlled 
     Substances Act (21 U.S.C. 802(6)).
       (4) Drug control.--The term ``drug control'' means any 
     activity conducted by a National Drug Control Program agency 
     involving supply reduction or demand reduction, including any 
     activity to reduce the use of tobacco or alcoholic beverages 
     by underage individuals.
       (5) Fund.--The term ``Fund'' means the fund established 
     under section 703(d).
       (6) National drug control program.--The term ``National 
     Drug Control Program'' means programs, policies, and 
     activities undertaken by National Drug Control Program 
     agencies pursuant to the responsibilities of such agencies 
     under the National Drug Control Strategy.
       (7) National drug control program agency.--The term 
     ``National Drug Control Program agency'' means any department 
     or agency of the Federal Government and all dedicated units 
     thereof, with responsibilities under the National Drug 
     Control Strategy, as designated by the President, or jointly 
     by the Director and the head of the department or agency.
       (8) National drug control strategy.--The term ``National 
     Drug Control Strategy'' means the strategy developed and 
     submitted to Congress under section 706.
       (9) Office.--Unless the context clearly implicates 
     otherwise, the term ``Office'' means the Office of National 
     Drug Control Policy established under section 703(a).
       (10) State and local affairs.--The term ``State and local 
     affairs'' means domestic activities conducted by a National 
     Drug Control Program agency that are intended to reduce the 
     availability and use of drugs, including--
       (A) coordination and facilitation of Federal, State, and 
     local law enforcement drug control efforts;
       (B) promotion of coordination and cooperation among the 
     drug supply reduction and demand reduction agencies of the 
     various States, territories, and units of local government; 
     and
       (C) such other cooperative governmental activities which 
     promote a comprehensive approach to drug control at the 
     national, State, territory, and local levels.
       (11) Supply reduction.--The term ``supply reduction'' means 
     any activity of a program conducted by a National Drug 
     Control Program agency that is intended to reduce the 
     availability or use of drugs in the United States and abroad, 
     including--
       (A) international drug control;
       (B) foreign and domestic drug intelligence;
       (C) interdiction; and
       (D) domestic drug law enforcement, including law 
     enforcement directed at drug users.

     SEC. 703. OFFICE OF NATIONAL DRUG CONTROL POLICY.

       (a) Establishment of Office.--There is established in the 
     Executive Office of the President an Office of National Drug 
     Control Policy, which shall--
       (1) develop national drug control policy;
       (2) coordinate and oversee the implementation of that 
     national drug control policy;
       (3) assess and certify the adequacy of national drug 
     control programs and the budget for those programs; and
       (4) evaluate the effectiveness of the national drug control 
     programs.
       (b) Director and Deputy Directors.--
       (1) Director.--There shall be at the head of the Office a 
     Director of National Drug Control Policy.
       (2) Deputy director of national drug control policy.--There 
     shall be in the Office a Deputy Director of National Drug 
     Control Policy, who shall assist the Director in carrying out 
     the responsibilities of the Director under this title.
       (3) Other deputy directors.--There shall be in the Office--
       (A) a Deputy Director for Demand Reduction, who shall be 
     responsible for the activities described in subparagraphs (A) 
     through (G) of section 702(1);
       (B) a Deputy Director for Supply Reduction, who shall be 
     responsible for the activities described in subparagraphs (A) 
     through (C) of section 702(11); and
       (C) a Deputy Director for State and Local Affairs, who 
     shall be responsible for the activities described in 
     subparagraphs (A) through (C) of section 702(10).
       (c) Access by Congress.--The location of the Office in the 
     Executive Office of the President shall not be construed as 
     affecting access by Congress, or any committee of the House 
     of Representatives or the Senate, to any--
       (1) information, document, or study in the possession of, 
     or conducted by or at the direction of the Director; or
       (2) personnel of the Office.
       (d) Office of National Drug Control Policy Gift Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund for the receipt of gifts, both real 
     and personal, for the purpose of aiding or facilitating the 
     work of the Office under section 704(c).
       (2) Contributions.--The Office may accept, hold, and 
     administer contributions to the Fund.
       (3) Use of amounts deposited.--Amounts deposited in the 
     Fund are authorized to be appropriated, to remain available 
     until expended for authorized purposes at the discretion of 
     the Director.

     SEC. 704. APPOINTMENT AND DUTIES OF DIRECTOR AND DEPUTY 
                   DIRECTORS.

       (a) Appointment.--
       (1) In general.--The Director, the Deputy Director of 
     National Drug Control Policy, the Deputy Director for Demand 
     Reduction, the Deputy Director for Supply Reduction, and the 
     Deputy Director for State and Local Affairs, shall each be 
     appointed by the President, by and with the advice and 
     consent of the Senate, and shall serve at the pleasure of the 
     President. In appointing the Deputy Director for Demand 
     Reduction under this paragraph, the President shall take into 
     consideration the scientific, educational or professional 
     background of the individual, and whether the individual has 
     experience in the fields of substance abuse prevention, 
     education, or treatment.
       (2) Duties of deputy director of national drug control 
     policy.--The Deputy Director of National Drug Control Policy 
     shall--
       (A) carry out the duties and powers prescribed by the 
     Director; and
       (B) serve as the Director in the absence of the Director or 
     during any period in which the office of the Director is 
     vacant.

[[Page S9262]]

       (3) Designation of other officers.--In the absence of the 
     Deputy Director, or if the office of the Deputy Director is 
     vacant, the Director shall designate such other permanent 
     employee of the Office to serve as the Director, if the 
     Director is absent or unable to serve.
       (4) Prohibition.--No person shall serve as Director or a 
     Deputy Director while serving in any other position in the 
     Federal Government.
       (5) Prohibition on political campaigning.--Any officer or 
     employee of the Office who is appointed to that position by 
     the President, by and with the advice and consent of the 
     Senate, may not participate in Federal election campaign 
     activities, except that such official is not prohibited by 
     this paragraph from making contributions to individual 
     candidates.
       (b) Responsibilities.--The Director shall--
       (1) assist the President in the establishment of policies, 
     goals, objectives, and priorities for the National Drug 
     Control Program;
       (2) promulgate the National Drug Control Strategy and each 
     report under section 706(b) in accordance with section 706;
       (3) coordinate and oversee the implementation by the 
     National Drug Control Program agencies of the policies, 
     goals, objectives, and priorities established under paragraph 
     (1) and the fulfillment of the responsibilities of such 
     agencies under the National Drug Control Strategy;
       (4) make such recommendations to the President as the 
     Director determines are appropriate regarding changes in the 
     organization, management, and budgets of Federal departments 
     and agencies engaged in drug enforcement, and changes in the 
     allocation of personnel to and within those departments and 
     agencies, to implement the policies, goals, priorities, and 
     objectives established under paragraph (1) and the National 
     Drug Control Strategy;
       (5) consult with and assist State and local governments 
     with respect to the formulation and implementation of 
     National Drug Control Policy and their relations with the 
     National Drug Control Program agencies;
       (6) appear before duly constituted committees and 
     subcommittees of the House of Representatives and of the 
     Senate to represent the drug policies of the executive 
     branch;
       (7) notify any National Drug Control Program agency if its 
     policies are not in compliance with the responsibilities of 
     the agency under the National Drug Control Strategy, transmit 
     a copy of each such notification to the President, and 
     maintain a copy of each such notification;
       (8) provide, by July 1 of each year, budget 
     recommendations, including requests for specific initiatives 
     that are consistent with the priorities of the President 
     under the National Drug Control Strategy, to the heads of 
     departments and agencies with responsibilities under the 
     National Drug Control Program, which recommendations shall--
       (A) apply to next budget year scheduled for formulation 
     under the Budget and Accounting Act of 1921, and each of the 
     4 subsequent fiscal years; and
       (B) address funding priorities developed in the National 
     Drug Control Strategy;
       (9) serve as the representative of the President in 
     appearing before Congress on all issues relating to the 
     National Drug Control Program;
       (10) in any matter affecting national security interests, 
     work in conjunction with the Assistant to the President for 
     National Security Affairs; and
       (11) serve as primary spokesperson of the Administration on 
     drug issues.
       (c) National Drug Control Program Budget.--
       (1) Responsibilities of national drug control program 
     agencies.--
       (A) In general.--For each fiscal year, the head of each 
     department, agency, or program of the Federal Government with 
     responsibilities under the National Drug Control Program 
     Strategy shall transmit to the Director a copy of the 
     proposed drug control budget request of the department, 
     agency, or program at the same time as that budget request is 
     submitted to their superiors (and before submission to the 
     Office of Management and Budget) in the preparation of the 
     budget of the President submitted to Congress under section 
     1105(a) of title 31, United States Code.
       (B) Submission of drug control budget requests.--The head 
     of each National Drug Control Program agency shall ensure 
     timely development and submission to the Director of each 
     proposed drug control budget request transmitted pursuant to 
     this paragraph, in such format as may be designated by the 
     Director with the concurrence of the Director of the Office 
     of Management and Budget.
       (2) National drug control program budget proposal.--For 
     each fiscal year, following the transmission of proposed drug 
     control budget requests to the Director under paragraph (1), 
     the Director shall, in consultation with the head of each 
     National Drug Control Program agency--
       (A) develop a consolidated National Drug Control Program 
     budget proposal designed to implement the National Drug 
     Control Strategy;
       (B) submit the consolidated budget proposal to the 
     President; and
       (C) after submission under subparagraph (B), submit the 
     consolidated budget proposal to Congress.
       (3) Review and certification of budget requests and budget 
     submissions of national drug control program agencies.--
       (A) In general.--The Director shall review each drug 
     control budget request submitted to the Director under 
     paragraph (1).
       (B) Review of budget requests.--
       (i) Inadequate requests.--If the Director concludes that a 
     budget request submitted under paragraph (1) is inadequate, 
     in whole or in part, to implement the objectives of the 
     National Drug Control Strategy with respect to the 
     department, agency, or program at issue for the year for 
     which the request is submitted, the Director shall submit to 
     the head of the applicable National Drug Control Program 
     agency a written description of funding levels and specific 
     initiatives that would, in the determination of the Director, 
     make the request adequate to implement those objectives.
       (ii) Adequate requests.--If the Director concludes that a 
     budget request submitted under paragraph (1) is adequate to 
     implement the objectives of the National Drug Control 
     Strategy with respect to the department, agency, or program 
     at issue for the year for which the request is submitted, the 
     Director shall submit to the head of the applicable National 
     Drug Control Program agency a written statement confirming 
     the adequacy of the request.
       (iii) Record.--The Director shall maintain a record of each 
     description submitted under clause (i) and each statement 
     submitted under clause (ii).
       (C) Agency response.--
       (i) In general.--The head of a National Drug Control 
     Program agency that receives a description under subparagraph 
     (B)(i) shall include the funding levels and initiatives 
     described by the Director in the budget submission for that 
     agency to the Office of Management and Budget.
       (ii) Impact statement.--The head of a National Drug Control 
     Program agency that has altered its budget submission under 
     this subparagraph shall include as an appendix to the budget 
     submission for that agency to the Office of Management and 
     Budget an impact statement that summarizes--

       (I) the changes made to the budget under this subparagraph; 
     and
       (II) the impact of those changes on the ability of that 
     agency to perform its other responsibilities, including any 
     impact on specific missions or programs of the agency.

       (iii) Congressional notification.--The head of a National 
     Drug Control Program agency shall submit a copy of any impact 
     statement under clause (ii) to the Senate and the House of 
     Representatives at the time the budget for that agency is 
     submitted to Congress under section 1105(a) of title 31, 
     United States Code.
       (D) Certification of budget submissions.--
       (i) In general.--At the time a National Drug Control 
     Program agency submits its budget request to the Office of 
     Management and Budget, the head of the National Drug Control 
     Program agency shall submit a copy of the budget request to 
     the Director.
       (ii) Certification.--The Director--

       (I) shall review each budget submission submitted under 
     clause (i); and
       (II) based on the review under subclause (I), if the 
     Director concludes that the budget submission of a National 
     Drug Control Program agency does not include the funding 
     levels and initiatives described under subparagraph (B)--

       (aa) may issue a written decertification of that agency's 
     budget; and
       (bb) in the case of a decertification issued under item 
     (aa), shall submit to the Senate and the House of 
     Representatives a copy of the--
       (aaa) decertification issued under item (aa);
       (bbb) the description made under subparagraph (B); and
       (ccc) the budget recommendations made under subsection 
     (b)(8).
       (4) Reprogramming and transfer requests.--
       (A) In general.--No National Drug Control Program agency 
     shall submit to Congress a reprogramming or transfer request 
     with respect to any amount of appropriated funds in an amount 
     exceeding $5,000,000 that is included in the National Drug 
     Control Program budget unless the request has been approved 
     by the Director.
       (B) Appeal.--The head of any National Drug Control Program 
     agency may appeal to the President any disapproval by the 
     Director of a reprogramming or transfer request under this 
     paragraph.
       (d) Powers of the Director.--In carrying out subsection 
     (b), the Director may--
       (1) select, appoint, employ, and fix compensation of such 
     officers and employees of the Office as may be necessary to 
     carry out the functions of the Office under this title;
       (2) subject to subsection (e)(3), request the head of a 
     department or agency, or program of the Federal Government to 
     place department, agency, or program personnel who are 
     engaged in drug control activities on temporary detail to 
     another department, agency, or program in order to implement 
     the National Drug Control Strategy, and the head of the 
     department or agency shall comply with such a request;
       (3) use for administrative purposes, on a reimbursable 
     basis, the available services, equipment, personnel, and 
     facilities of Federal, State, and local agencies;
       (4) procure the services of experts and consultants in 
     accordance with section 3109 of title 5, United States Code, 
     relating to appointments in the Federal Service, at rates of 
     compensation for individuals not to exceed the daily 
     equivalent of the rate of pay

[[Page S9263]]

     payable under level IV of the Executive Schedule under 
     section 5311 of title 5, United States Code;
       (5) accept and use gifts and donations of property from 
     Federal, State, and local government agencies, and from the 
     private sector, as authorized in section 703(d);
       (6) use the mails in the same manner as any other 
     department or agency of the executive branch;
       (7) monitor implementation of the National Drug Control 
     Program, including--
       (A) conducting program and performance audits and 
     evaluations;
       (B) requesting assistance from the Inspector General of the 
     relevant agency in such audits and evaluations; and
       (C) commissioning studies and reports by a National Drug 
     Control Program agency, with the concurrence of the head of 
     the affected agency;
       (8) transfer funds made available to a National Drug 
     Control Program agency for National Drug Control Strategy 
     programs and activities to another account within such agency 
     or to another National Drug Control Program agency for 
     National Drug Control Strategy programs and activities, 
     except that--
       (A) the authority under this paragraph may be limited in an 
     annual appropriations Act or other provision of Federal law;
       (B) the Director may exercise the authority under this 
     paragraph only with the concurrence of the head of each 
     affected agency;
       (C) in the case of an interagency transfer, the total 
     amount of transfers under this paragraph may not exceed 2 
     percent of the total amount of funds made available for 
     National Drug Control Strategy programs and activities to the 
     agency from which those funds are to be transferred;
       (D) funds transferred to an agency under this paragraph may 
     only be used to increase the funding for programs or 
     activities that--
       (i) have a higher priority than the programs or activities 
     from which funds are transferred; and
       (ii) have been authorized by Congress; and
       (E) the Director shall--
       (i) submit to Congress, including to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     and other applicable committees of jurisdiction, a 
     reprogramming or transfer request in advance of any transfer 
     under this paragraph in accordance with the regulations of 
     the affected agency or agencies; and
       (ii) annually submit to Congress a report describing the 
     effect of all transfers of funds made pursuant to this 
     paragraph or subsection (c)(4) during the 12-month period 
     preceding the date on which the report is submitted;
       (9) issue to the head of a National Drug Control Program 
     agency a fund control notice described in subsection (f) to 
     ensure compliance with the National Drug Control Program 
     Strategy; and
       (10) participate in the drug certification process pursuant 
     to section 490 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291j).
       (e) Personnel Detailed to Office.--
       (1) Evaluations.--Notwithstanding any provision of chapter 
     43 of title 5, United States Code, the Director shall perform 
     the evaluation of the performance of any employee detailed to 
     the Office for purposes of the applicable performance 
     appraisal system established under such chapter for any 
     rating period, or part thereof, that such employee is 
     detailed to such office.
       (2) Compensation.--
       (A) Bonus payments.--Notwithstanding any other provision of 
     law, the Director may provide periodic bonus payments to any 
     employee detailed to the Office.
       (B) Restrictions.--An amount paid under this paragraph to 
     an employee for any period--
       (i) shall not be greater than 20 percent of the basic pay 
     paid or payable to such employee for such period; and
       (ii) shall be in addition to the basic pay of such 
     employee.
       (C) Aggregate amount.--The aggregate amount paid during any 
     fiscal year to an employee detailed to the Office as basic 
     pay, awards, bonuses, and other compensation shall not exceed 
     the annual rate payable at the end of such fiscal year for 
     positions at level III of the Executive Schedule.
       (3) Maximum number of detailees.--The maximum number of 
     personnel who may be detailed to another department or agency 
     (including the Office) under subsection (d)(2) during any 
     fiscal year is--
       (A) for the Department of Defense, 50; and
       (B) for any other department or agency, 10.

     SEC. 705. COORDINATION WITH NATIONAL DRUG CONTROL PROGRAM 
                   AGENCIES IN DEMAND REDUCTION, SUPPLY REDUCTION, 
                   AND STATE AND LOCAL AFFAIRS.

       (a) Access to Information.--
       (1) In general.--Upon the request of the Director, the head 
     of any National Drug Control Program agency shall cooperate 
     with and provide to the Director any statistics, studies, 
     reports, and other information prepared or collected by the 
     agency concerning the responsibilities of the agency under 
     the National Drug Control Strategy that relate to--
       (A) drug abuse control; or
       (B) the manner in which amounts made available to that 
     agency for drug control are being used by that agency.
       (2) Protection of intelligence information.--
       (A) In general.--The authorities conferred on the Office 
     and the Director by this title shall be exercised in a manner 
     consistent with provisions of the National Security Act of 
     1947 (50 U.S.C. 401 et seq.). The Director of Central 
     Intelligence shall prescribe such regulations as may be 
     necessary to protect information provided pursuant to this 
     title regarding intelligence sources and methods.
       (B) Duties of director.--The Director of Central 
     Intelligence shall, to the maximum extent practicable in 
     accordance with subparagraph (A), render full assistance and 
     support to the Office and the Director.
       (3) Illegal drug cultivation.--The Secretary of Agriculture 
     shall annually submit to the Director an assessment of the 
     acreage of illegal drug cultivation in the United States.
       (b) Certification of Policy Changes to Director.--
       (1) In general.--Subject to paragraph (2), the head of a 
     National Drug Control Program agency shall, unless exigent 
     circumstances require otherwise, notify the Director in 
     writing regarding any proposed change in policies relating to 
     the activities of that agency under the National Drug Control 
     Program prior to implementation of such change. The Director 
     shall promptly review such proposed change and certify to the 
     head of that agency in writing whether such change is 
     consistent with the National Drug Control Strategy.
       (2) Exception.--If prior notice of a proposed change under 
     paragraph (1) is not practicable--
       (A) the head of the National Drug Control Program agency 
     shall notify the Director of the proposed change as soon as 
     practicable; and
       (B) upon such notification, the Director shall review the 
     change and certify to the head of that agency in writing 
     whether the change is consistent with the National Drug 
     Control Program.
       (c) General Services Administration.--The Administrator of 
     General Services shall provide to the Director, in a 
     reimbursable basis, such administrative support services as 
     the Director may request.

     SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND 
                   ASSESSMENT OF NATIONAL DRUG CONTROL STRATEGY.

       (a) Timing, Contents, and Process for Development and 
     Submission of National Drug Control Strategy.--
       (1) Timing.--Not later than February 1, 1998, the President 
     shall submit to Congress a National Drug Control Strategy, 
     which shall set forth a comprehensive plan, covering a period 
     of not more than 10 years, for reducing drug abuse and the 
     consequences of drug abuse in the United States, by limiting 
     the availability of and reducing the demand for illegal 
     drugs.
       (2) Contents.--
       (A) In general.--The National Drug Control Strategy 
     submitted under paragraph (1) shall include--
       (i) comprehensive, research-based, long-range, 
     quantifiable, goals for reducing drug abuse and the 
     consequences of drug abuse in the United States;
       (ii) annual, quantifiable, and measurable objectives to 
     accomplish long-term quantifiable goals that the Director 
     determines may be realistically achieved during each year of 
     the period beginning on the date on which the National Drug 
     Control Strategy is submitted;
       (iii) 5-year projections for program and budget priorities; 
     and
       (iv) a review of State, local, and private sector drug 
     control activities to ensure that the United States pursues 
     well-coordinated and effective drug control at all levels of 
     government.
       (B) Classified information.--Any contents of the National 
     Drug Control Strategy that involves information properly 
     classified under criteria established by an Executive order 
     shall be presented to Congress separately from the rest of 
     the National Drug Control Strategy.
       (3) Process for development and submission.--
       (A) Consultation.--In developing and effectively 
     implementing the National Drug Control Strategy, the 
     Director--
       (i) shall consult with--

       (I) the heads of the National Drug Control Program 
     agencies;
       (II) Congress;
       (III) State and local officials;
       (IV) private citizens and organizations with experience and 
     expertise in demand reduction; and
       (V) private citizens and organizations with experience and 
     expertise in supply reduction; and

       (ii) may require the National Drug Intelligence Center and 
     the El Paso Intelligence Center to undertake specific tasks 
     or projects to implement the National Drug Control Strategy.
       (B) Inclusion in strategy.--The National Drug Control 
     Strategy under this subsection, and each report submitted 
     under subsection (b), shall include a list of each entity 
     consulted under subparagraph (A)(i).
       (4) Modification and resubmittal.--Notwithstanding any 
     other provision of law, the President may modify a National 
     Drug Control Strategy submitted under paragraph (1) at any 
     time.
       (b) Annual Strategy Report.--
       (1) In general.--Not later than February 1, 1999, and on 
     February 1 of each year thereafter, the President shall 
     submit to Congress a report on the progress in implementing 
     the

[[Page S9264]]

     Strategy under subsection (a), which shall include--
       (A) an assessment of the Federal effectiveness in achieving 
     the National Drug Control Strategy goals and objectives using 
     the performance measurement system described in subsection 
     (c), including--
       (i) an assessment of drug use and availability in the 
     United States; and
       (ii) an estimate of the effectiveness of interdiction, 
     treatment, prevention, law enforcement, and international 
     programs under the National Drug Control Strategy in effect 
     during the preceding year, or in effect as of the date on 
     which the report is submitted;
       (B) any modifications of the National Drug Control Strategy 
     or the performance measurement system described in subsection 
     (c);
       (C) an assessment of the manner in which the budget 
     proposal submitted under section 704(c) is intended to 
     implement the National Drug Control Strategy and whether the 
     funding levels contained in such proposal are sufficient to 
     implement such Strategy;
       (D) beginning on February 1, 1999, and annually thereafter, 
     measurable data evaluating the success or failure in 
     achieving the annual measurable objectives described in 
     subsection (a)(2)(A)(ii);
       (E) an assessment of current drug use (including inhalants) 
     and availability, impact of drug use, and treatment 
     availability, which assessment shall include--
       (i) estimates of drug prevalence and frequency of use as 
     measured by national, State, and local surveys of illicit 
     drug use and by other special studies of--

       (I) casual and chronic drug use;
       (II) high-risk populations, including school dropouts, the 
     homeless and transient, arrestees, parolees, probationers, 
     and juvenile delinquents; and
       (III) drug use in the workplace and the productivity lost 
     by such use;

       (ii) an assessment of the reduction of drug availability 
     against an ascertained baseline, as measured by--

       (I) the quantities of cocaine, heroin, marijuana, 
     methamphetamine, and other drugs available for consumption in 
     the United States;
       (II) the amount of marijuana, cocaine, and heroin entering 
     the United States;
       (III) the number of hectares of marijuana, poppy, and coca 
     cultivated and destroyed;
       (IV) the number of metric tons of marijuana, heroin, and 
     cocaine seized;
       (V) the number of cocaine and methamphetamine processing 
     laboratories destroyed;
       (VI) changes in the price and purity of heroin and cocaine;
       (VII) the amount and type of controlled substances diverted 
     from legitimate retail and wholesale sources; and
       (VIII) the effectiveness of Federal technology programs at 
     improving drug detection capabilities in interdiction, and at 
     United States ports of entry;

       (iii) an assessment of the reduction of the consequences of 
     drug use and availability, which shall include estimation 
     of--

       (I) the burden drug users placed on hospital emergency 
     departments in the United States, such as the quantity of 
     drug-related services provided;
       (II) the annual national health care costs of drug use, 
     including costs associated with people becoming infected with 
     the human immunodeficiency virus and other infectious 
     diseases as a result of drug use;
       (III) the extent of drug-related crime and criminal 
     activity; and
       (IV) the contribution of drugs to the underground economy, 
     as measured by the retail value of drugs sold in the United 
     States;

       (iv) a determination of the status of drug treatment in the 
     United States, by assessing--

       (I) public and private treatment capacity within each 
     State, including information on the treatment capacity 
     available in relation to the capacity actually used;
       (II) the extent, within each State, to which treatment is 
     available;
       (III) the number of drug users the Director estimates could 
     benefit from treatment; and
       (IV) the specific factors that restrict the availability of 
     treatment services to those seeking it and proposed 
     administrative or legislative remedies to make treatment 
     available to those individuals; and

       (v) a review of the research agenda of the Counter-Drug 
     Technology Assessment Center to reduce the availability and 
     abuse of drugs; and
       (F) an assessment of private sector initiatives and 
     cooperative efforts between the Federal Government and State 
     and local governments for drug control.
       (2) Submission of revised strategy.--The President may 
     submit to Congress a revised National Drug Control Strategy 
     that meets the requirements of this section--
       (A) at any time, upon a determination by the President, in 
     consultation with the Director, that the National Drug 
     Control Strategy in effect is not sufficiently effective; and
       (B) if a new President or Director takes office.
       (c) Performance Measurement System.--
       (1) In general.--Not later than February 1, 1998, the 
     Director shall submit to Congress a description of the 
     national drug control performance measurement system, 
     designed in consultation with affected National Drug Control 
     Program agencies, that--
       (A) develops performance objectives, measures, and targets 
     for each National Drug Control Strategy goal and objective;
       (B) revises performance objectives, measures, and targets, 
     to conform with National Drug Control Program Agency budgets;
       (C) identifies major programs and activities of the 
     National Drug Control Program agencies that support the goals 
     and objectives of the National Drug Control Strategy;
       (D) evaluates implementation of major program activities 
     supporting the National Drug Control Strategy;
       (E) monitors consistency between the drug-related goals and 
     objectives of the National Drug Control Program agencies and 
     ensures that drug control agency goals and budgets support 
     and are fully consistent with the National Drug Control 
     Strategy; and
       (F) coordinates the development and implementation of 
     national drug control data collection and reporting systems 
     to support policy formulation and performance measurement, 
     including an assessment of--
       (i) the quality of current drug use measurement instruments 
     and techniques to measure supply reduction and demand 
     reduction activities;
       (ii) the adequacy of the coverage of existing national drug 
     use measurement instruments and techniques to measure the 
     casual drug user population and groups that are at risk for 
     drug use; and
       (iii) the actions the Director shall take to correct any 
     deficiencies and limitations identified pursuant to 
     subparagraphs (A) and (B) of subsection (b)(4).
       (2) Modifications.--
       (A) In general.--A description of any modifications made 
     during the preceding year to the national drug control 
     performance measurement system described in paragraph (1) 
     shall be included in each report submitted under subsection 
     (b).
       (B) Annual performance objectives, measures, and targets.--
     Not later than February 1, 1999, the Director shall submit to 
     Congress a modified performance measurement system that--
       (i) develops annual performance objectives, measures, and 
     targets for each National Drug Control Strategy goal and 
     objective; and
       (ii) revises the annual performance objectives, measures, 
     and targets to conform with the National Drug Control Program 
     agency budgets.

     SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

       (a) Establishment.--There is established in the Office a 
     program to be known as the High Intensity Drug Trafficking 
     Areas Program.
       (b) Designation.--The Director, upon consultation with the 
     Attorney General, the Secretary of the Treasury, heads of the 
     National Drug Control Program agencies, and the Governor of 
     each State, may designate any specified area of the United 
     States as a high intensity drug trafficking area. After 
     making such a designation and in order to provide Federal 
     assistance to the area so designated, the Director may--
       (1) obligate such sums as appropriated for the High 
     Intensity Drug Trafficking Areas Program;
       (2) direct the temporary reassignment of Federal personnel 
     to such area, subject to the approval of the head of the 
     department or agency that employs such personnel;
       (3) take any other action authorized under section 704 to 
     provide increased Federal assistance to those areas;
       (4) coordinate activities under this subsection 
     (specifically administrative, recordkeeping, and funds 
     management activities) with State and local officials.
       (c) Factors for Consideration.--In considering whether to 
     designate an area under this section as a high intensity drug 
     trafficking area, the Director shall consider, in addition to 
     such other criteria as the Director considers to be 
     appropriate, the extent to which--
       (1) the area is a center of illegal drug production, 
     manufacturing, importation, or distribution;
       (2) State and local law enforcement agencies have committed 
     resources to respond to the drug trafficking problem in the 
     area, thereby indicating a determination to respond 
     aggressively to the problem;
       (3) drug-related activities in the area are having a 
     harmful impact in other areas of the country; and
       (4) a significant increase in allocation of Federal 
     resources is necessary to respond adequately to drug-related 
     activities in the area.

     SEC. 708. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.

       (a) Establishment.--There is established within the Office 
     the Counter-Drug Technology Assessment Center (referred to in 
     this section as the ``Center''). The Center shall operate 
     under the authority of the Director of National Drug Control 
     Policy and shall serve as the central counter-drug technology 
     research and development organization of the United States 
     Government.
       (b) Director of Technology.--There shall be at the head of 
     the Center the Director of Technology, who shall be appointed 
     by the Director of National Drug Control Policy from among 
     individuals qualified and distinguished in the area of 
     science, medicine, engineering, or technology.
       (c) Additional Responsibilities of the Director of National 
     Drug Control Policy.--
       (1) In general.--The Director, acting through the Director 
     of Technology shall--

[[Page S9265]]

       (A) identify and define the short-, medium-, and long-term 
     scientific and technological needs of Federal, State, and 
     local drug supply reduction agencies, including--
       (i) advanced surveillance, tracking, and radar imaging;
       (ii) electronic support measures;
       (iii) communications;
       (iv) data fusion, advanced computer systems, and artificial 
     intelligence; and
       (v) chemical, biological, radiological (including neutron, 
     electron, and graviton), and other means of detection;
       (B) identify demand reduction basic and applied research 
     needs and initiatives, in consultation with affected National 
     Drug Control Program agencies, including--
       (i) improving treatment through neuroscientific advances;
       (ii) improving the transfer of biomedical research to the 
     clinical setting; and
       (iii) in consultation with the National Institute on Drug 
     Abuse, and through interagency agreements or grants, 
     examining addiction and rehabilitation research and the 
     application of technology to expanding the effectiveness or 
     availability of drug treatment;
       (C) make a priority ranking of such needs identified in 
     subparagraphs (A) and (B) according to fiscal and 
     technological feasibility, as part of a National Counter-Drug 
     Enforcement Research and Development Program;
       (D) oversee and coordinate counter-drug technology 
     initiatives with related activities of other Federal civilian 
     and military departments;
       (E) provide support to the development and implementation 
     of the national drug control performance measurement system; 
     and
       (F) pursuant to the authority of the Director of National 
     Drug Control Policy under section 704, submit requests to 
     Congress for the reprogramming or transfer of funds 
     appropriated for counter-drug technology research and 
     development.
       (2) Limitation on authority.--The authority granted to the 
     Director under this subsection shall not extend to the award 
     of contracts, management of individual projects, or other 
     operational activities.
       (d) Assistance and Support to Office of National Drug 
     Control Policy.--The Secretary of Defense and the Secretary 
     of Health and Human Services shall, to the maximum extent 
     practicable, render assistance and support to the Office and 
     to the Director in the conduct of counter-drug technology 
     assessment.

     SEC. 709. PRESIDENT'S COUNCIL ON COUNTER-NARCOTICS.

       (a) Establishment.--There is established a council to be 
     known as the President's Council on Counter-Narcotics 
     (referred to in this section as the ``Council'').
       (b) Membership.--
       (1) In general.--Subject to paragraph (2), the Council 
     shall be composed of 18 members, of whom--
       (A) 1 shall be the President, who shall serve as Chairman 
     of the Council;
       (B) 1 shall be the Vice President;
       (C) 1 shall be the Secretary of State;
       (D) 1 shall be the Secretary of the Treasury;
       (E) 1 shall be the Secretary of Defense;
       (F) 1 shall be the Attorney General;
       (G) 1 shall be the Secretary of Transportation;
       (H) 1 shall be the Secretary of Health and Human Services;
       (I) 1 shall be the Secretary of Education;
       (J) 1 shall be the Representative of the United States of 
     America to the United Nations;
       (K) 1 shall be the Director of the Office of Management and 
     Budget;
       (L) 1 shall be the Chief of Staff to the President;
       (M) 1 shall be the Director of the Office, who shall serve 
     as the Executive Director of the Council;
       (N) 1 shall be the Director of Central Intelligence;
       (O) 1 shall be the Assistant to the President for National 
     Security Affairs;
       (P) 1 shall be the Counsel to the President;
       (Q) 1 shall be the Chairman of the Joint Chiefs of Staff; 
     and
       (R) 1 shall be the National Security Adviser to the Vice 
     President.
       (2) Additional members.--The President may, in the 
     discretion of the President, appoint additional members to 
     the Council.
       (c) Functions.--The Council shall advise and assist the 
     President in--
       (1) providing direction and oversight for the national drug 
     control strategy, including relating drug control policy to 
     other national security interests and establishing 
     priorities; and
       (2) ensuring coordination among departments and agencies of 
     the Federal Government concerning implementation of the 
     National Drug Control Strategy.
       (d) Administration.--
       (1) In general.--The Council may utilize established or ad 
     hoc committees, task forces, or interagency groups chaired by 
     the Director (or a representative of the Director) in 
     carrying out the functions of the Council under this section.
       (2) Staff.--The staff of the Office, in coordination with 
     the staffs of the Vice President and the Assistant to the 
     President for National Security Affairs, shall act as staff 
     for the Council.
       (3) Cooperation from other agencies.--Each department and 
     agency of the executive branch shall--
       (A) cooperate with the Council in carrying out the 
     functions of the Council under this section; and
       (B) provide such assistance, information, and advice as the 
     Council may request, to the extent permitted by law.

     SEC. 710. PARENTS ADVISORY COUNCIL ON YOUTH DRUG ABUSE.

       (a) In General.--
       (1) Establishment.--There is established a Council to be 
     known as the Parents Advisory Council on Youth Drug Abuse 
     (referred to in this section as the ``Council'').
       (2) Membership.--
       (A) Composition.--The Council shall be composed of 16 
     members, of whom--
       (i) 4 shall be appointed by the President, each of whom 
     shall be a parent or guardian of a child who is not less than 
     6 and not more than 18 years of age as of the date on which 
     the appointment is made;
       (ii) 4 shall be appointed by the Majority Leader of the 
     Senate, 3 of whom shall be a parent or guardian of a child 
     who is not less than 6 and not more than 18 years of age as 
     of the date on which the appointment is made;
       (iii) 2 shall be appointed by the Minority Leader of the 
     Senate, each of whom shall be a parent or guardian of a child 
     who is not less than 6 and not more than 18 years of age as 
     of the date on which the appointment is made;
       (iv) 4 shall be appointed by the Speaker of the House of 
     Representatives, 3 of whom shall be a parent or guardian of a 
     child who is not less than 6 and not more than 18 years of 
     age as of the date on which the appointment is made; and
       (v) 2 shall be appointed by the Minority Leader of the 
     House of Representatives, each of whom shall be a parent or 
     guardian of a child who is not less than 6 and not more than 
     18 years of age as of the date on which the appointment is 
     made.
       (B) Requirements.--
       (i) In general.--Each member of the Council shall be an 
     individual from the private sector with a demonstrated 
     interest and expertise in research, education, treatment, or 
     prevention activities related to youth drug abuse.
       (ii) Representatives of nonprofit organizations.--Not less 
     than 1 member appointed under each of clauses (i) through (v) 
     of paragraph (1)(A) shall be a representative of a nonprofit 
     organization focused on involving parents in antidrug 
     education and prevention.
       (C) Date.--The appointments of the initial members of the 
     Council shall be made not later than 60 days after the date 
     of enactment of this section.
       (D) Director.--The Director may, in the discretion of the 
     Director, serve as an adviser to the Council and attend such 
     meetings and hearings of the Council as the Director 
     considers to be appropriate.
       (3) Period of appointment; vacancies.--
       (A) Period of appointment.--Each member of the Council 
     shall be appointed for a term of 3 years, except that, of the 
     initial members of the Council--
       (i) 1 member appointed under each of clauses (i) through 
     (v) of paragraph (1)(A) shall be appointed for a term of 1 
     year; and
       (ii) 1 member appointed under each of clauses (i) through 
     (v) of paragraph (1)(A) shall be appointed for a term of 2 
     years.
       (B) Vacancies.--Any vacancy in the Council shall not affect 
     its powers, provided that a quorum is present, but shall be 
     filled in the same manner as the original appointment. Any 
     member appointed to fill a vacancy occurring before the 
     expiration of the term for which the member's predecessor was 
     appointed shall be appointed only for the remainder of that 
     term.
       (C) Appointment of successor.--To the extent necessary to 
     prevent a vacancy in the membership of the Council, a member 
     of the Council may serve for not more than 6 months after the 
     expiration of the term of that member, if the successor of 
     that member has not been appointed.
       (4) Initial meeting.--Not later than 120 days after the 
     date on which all initial members of the Council have been 
     appointed, the Council shall hold its first meeting.
       (5) Meetings.--The Council shall meet at the call of the 
     Chairperson.
       (6) Quorum.--Nine members of the Council shall constitute a 
     quorum, but a lesser number of members may hold hearings.
       (7) Chairperson and vice chairperson.--
       (A) In general.--The members of the Council shall select a 
     Chairperson and Vice Chairperson from among the members of 
     the Council.
       (B) Duties of chairperson.--The Chairperson of the Council 
     shall--
       (i) serve as the executive director of the Council;
       (ii) direct the administration of the Council;
       (iii) assign officer and committee duties relating to the 
     Council; and
       (iv) issue the reports, policy positions, and statements of 
     the Council.
       (C) Duties of vice chairperson.--If the Chairperson of the 
     Council is unable to serve, the Vice Chairperson shall serve 
     as the Chairperson.
       (b) Duties of the Council.--
       (1) In general.--The Council--
       (A) shall advise the President and the Members of the 
     Cabinet, including the Director, on drug prevention, 
     education, and treatment; and
       (B) may issue reports and recommendations on drug 
     prevention, education, and treatment, in addition to the 
     annual report

[[Page S9266]]

     detailed in paragraph (2), as the Council considers 
     appropriate.
       (2) Submission to congress.--Any report or recommendation 
     issued by the Council shall be submitted to Congress.
       (3) Advice on the national drug control strategy.--Not 
     later than December 1, 1998, and on December 1 of each year 
     thereafter, the Council shall submit to the Director an 
     annual report containing drug control strategy 
     recommendations on drug prevention, education, and treatment. 
     Each report submitted to the Director under this paragraph 
     shall be included as an appendix to the report submitted by 
     the Director under section 706(b).
       (c) Powers of the Council.--
       (1) Hearings.--The Council may hold such hearings, sit and 
     act at such times and places, take such testimony, and 
     receive such evidence as the Council considers advisable to 
     carry out this section.
       (2) Information from federal agencies.--The Council may 
     secure directly from any department or agency of the Federal 
     Government such information as the Council considers to be 
     necessary to carry out this section. Upon request of the 
     Chairperson of the Council, the head of that department or 
     agency shall furnish such information to the Council, unless 
     the head of that department or agency determines that 
     furnishing the information to the Council would threaten the 
     national security of the United States, the health, safety, 
     or privacy of any individual, or the integrity of an ongoing 
     investigation.
       (3) Postal services.--The Council may use the United States 
     mails in the same manner and under the same conditions as 
     other departments and agencies of the Federal Government.
       (4) Gifts.--The Council may solicit, accept, use, and 
     dispose of gifts or donations of services or property in 
     connection with performing the duties of the Council under 
     this section.
       (d) Expenses.--The members of the Council shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from their homes or regular places of business in 
     the performance of services for the Council.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Council such sums as may be 
     necessary carry out this section.

     SEC. 711. DRUG INTERDICTION.

       (a) Definition.--In this section, the term ``Federal drug 
     control agency'' means--
       (1) the Office of National Drug Control Policy;
       (2) the Department of Defense;
       (3) the Drug Enforcement Administration;
       (4) the Federal Bureau of Investigation;
       (5) the Immigration and Naturalization Service;
       (6) the United States Coast Guard;
       (7) the United States Customs Service; and
       (8) any other department or agency of the Federal 
     Government that the Director determines to be relevant.
       (b) Report.--In order to assist Congress in determining the 
     personnel, equipment, funding, and other resources that would 
     be required by Federal drug control agencies in order to 
     achieve a level of interdiction success at or above the 
     highest level achieved before the date of enactment of this 
     title, not later than 90 days after the date of enactment of 
     this Act, the Director shall submit to Congress and to each 
     Federal drug control program agency a report, which shall 
     include--
       (1) with respect to the southern and western border regions 
     of the United States (including the Pacific coast, the border 
     with Mexico, the Gulf of Mexico coast, and other ports of 
     entry) and in overall totals, data relating to--
       (A) the amount of marijuana, heroin, methamphetamine, and 
     cocaine--
       (i) seized during the year of highest recorded seizures for 
     each drug in each region and during the year of highest 
     recorded overall seizures; and
       (ii) disrupted during the year of highest recorded 
     disruptions for each drug in each region and during the year 
     of highest recorded overall seizures; and
       (B) the number of persons arrested for violations of 
     section 1010(a) of the Controlled Substances Import and 
     Export Act (21 U.S.C. 960(a)) and related offenses during the 
     year of the highest number of arrests on record for each 
     region and during the year of highest recorded overall 
     arrests;
       (2) the price of cocaine, heroin, methamphetamine, and 
     marijuana during the year of highest price on record during 
     the preceding 10-year period, adjusted for purity where 
     possible; and
       (3) a description of the personnel, equipment, funding, and 
     other resources of the Federal drug control agency devoted to 
     drug interdiction and securing the borders of the United 
     States against drug trafficking for each of the years 
     identified in paragraphs (1) and (2) for each Federal drug 
     control agency.
       (b) Budget Process.--
       (1) Information to director.--Based on the report submitted 
     under subsection (b), each Federal drug control agency shall 
     submit to the Director, as part of each annual drug control 
     budget request submitted by the Federal drug control agency 
     to the Director under section 704(c)(2), a description of the 
     specific personnel, equipment, funding, and other resources 
     that would be required for the Federal drug control agency to 
     meet or exceed the highest level of interdiction success for 
     that agency identified in the report submitted under 
     subsection (b).
       (2) Information to congress.--The Director shall include 
     each submission under paragraph (1) in each annual 
     consolidated National Drug Control Program budget proposal 
     submitted by the Director to Congress under section 704(c), 
     which submission shall be accompanied by a description of any 
     additional resources that would be required by the Federal 
     drug control agencies to meet the highest level of 
     interdiction success identified in the report submitted under 
     subsection (b).

     SEC. 712. REPORT ON AN ALLIANCE AGAINST NARCOTICS TRAFFICKING 
                   IN THE WESTERN HEMISPHERE.

       (a) Sense of Congress on Discussions for Alliance.--
       (1) Sense of congress.--It is the sense of Congress that 
     the President should discuss with the democratically elected 
     governments of the Western Hemisphere the prospect of forming 
     a multilateral alliance to address problems relating to 
     international drug trafficking in the Western Hemisphere.
       (2) Consultations.--In the consultations on the prospect of 
     forming an alliance described in paragraph (1), the President 
     should seek the input of such governments on the possibility 
     of forming 1 or more structures within the alliance--
       (A) to develop a regional, multilateral strategy to address 
     the threat posed to nations in the Western Hemisphere by drug 
     trafficking; and
       (B) to establish a new mechanism for improving multilateral 
     coordination of drug interdiction and drug-related law 
     enforcement activities in the Western Hemisphere.
       (b) Report.--
       (1) Requirement.--Not later than 60 days after the date of 
     enactment of this Act, the President shall submit to Congress 
     a report on the proposal discussed under subsection (a), 
     which shall include--
       (A) an analysis of the reactions of the governments 
     concerned to the proposal;
       (B) an assessment of the proposal, including an evaluation 
     of the feasibility and advisability of forming the alliance;
       (C) a determination in light of the analysis and assessment 
     whether or not the formation of the alliance is in the 
     national interests of the United States;
       (D) if the President determines that the formation of the 
     alliance is in the national interests of the United States, a 
     plan for encouraging and facilitating the formation of the 
     alliance; and
       (E) if the President determines that the formation of the 
     alliance is not in the national interests of the United 
     States, an alternative proposal to improve significantly 
     efforts against the threats posed by narcotics trafficking in 
     the Western Hemisphere, including an explanation of the 
     manner in which the alternative proposal will--
       (i) improve upon current cooperation and coordination of 
     counter-drug efforts among nations in the Western Hemisphere;
       (ii) provide for the allocation of the resources required 
     to make significant progress in disrupting and disbanding the 
     criminal organizations responsible for the trafficking of 
     illegal drugs in the Western Hemisphere; and
       (iii) differ from and improve upon past strategies adopted 
     by the United States Government which have failed to make 
     sufficient progress against the trafficking of illegal drugs 
     in the Western Hemisphere.
       (2) Unclassified form.--The report under paragraph (1) 
     shall be submitted in unclassified form, but may contain a 
     classified annex.

     SEC. 713. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.

       Section 6073 of the Asset Forfeiture Amendments Act of 1988 
     (21 U.S.C. 1509) is amended--
       (1) in subsection (b)--
       (A) by striking ``section 524(c)(9)'' and inserting 
     ``section 524(c)(8)''; and
       (B) by striking ``section 9307(g)'' and inserting ``section 
     9703(g)''; and
       (2) in subsection (e), by striking ``strategy'' and 
     inserting ``Strategy''.

     SEC. 714. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Title 5, United States Code.--Chapter 53 of title 5, 
     United States Code, is amended--
       (1) in section 5312, by adding at the end the following:
       ``Director of National Drug Control Policy.'';
       (2) in section 5313, by adding at the end the following:
       ``Deputy Director of National Drug Control Policy.''; and
       (3) in section 5314, by adding at the end the following:
       ``Deputy Director for Demand Reduction, Office of National 
     Drug Control Policy.
       ``Deputy Director for Supply Reduction, Office of National 
     Drug Control Policy.
       ``Deputy Director for State and Local Affairs, Office of 
     National Drug Control Policy.''.
       (b) National Security Act of 1947.--Section 101 of the 
     National Security Act of 1947 (50 U.S.C. 402) is amended by 
     redesignating subsection (f) as subsection (g) and inserting 
     after subsection (e) the following:
       ``(f) The Director of National Drug Control Policy may, in 
     the role of the Director as principal adviser to the National 
     Security Council on national drug control policy, and

[[Page S9267]]

     subject to the direction of the President, attend and 
     participate in meetings of the National Security Council.''.
       (c) Submission of National Drug Control Program Budget With 
     Annual Budget Request of President.--Section 1105(a) of title 
     31, United States Code, is amended by inserting after 
     paragraph (25) the following:
       ``(26) a separate statement of the amount of appropriations 
     requested for the Office of National Drug Control Policy and 
     each program of the National Drug Control Program.''.

     SEC. 715. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title, to remain available until expended, such sums as may 
     be necessary for each of fiscal years 1998 through 2002.

     SEC. 716. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL 
                   POLICY.

       (a) In General.--Except as provided in subsection (b), 
     effective on September 30, 2002, this title and the 
     amendments made by this title are repealed.
       (b) Exception.--Subsection (a) does not apply to section 
     713 or the amendments made by that section.
                                 ______
                                 

                 GRAHAM (AND OTHERS) AMENDMENT NO. 3368

  Mr. CAMPBELL (for Mr. Graham for himself, Mr. Mack, Mr. Kennedy, Mr. 
Moynihan, Mrs. Feinstein, Ms. Moseley-Braun, Mr. Kerry, and Mr. Durbin) 
proposed an amendment to the bill, S. 2312, supra; as follows:

       At the appropriate place in the bill, insert the following:

       TITLE __--HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Haitian Refugee 
     Immigration Fairness Act of 1998''.

     SEC. __02. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS.

       (a) Adjustment of Status.--
       (1) In general.--The status of any alien described in 
     subsection (b) shall be adjusted by the Attorney General to 
     that of an alien lawfully admitted for permanent residence, 
     if the alien--
       (A) applies for such adjustment before April 1, 2000; and
       (B) is otherwise admissible to the United States for 
     permanent residence, except that, in determining such 
     admissibility, the grounds for inadmissibility specified in 
     paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 
     212(a) of the Immigration and Nationality Act shall not 
     apply.
       (2) Relationship of application to certain orders.--An 
     alien present in the United States who has been ordered 
     excluded, deported, removed, or ordered to depart voluntarily 
     from the United States under any provision of the Immigration 
     and Nationality Act may, notwithstanding such order, apply 
     for adjustment of status under paragraph (1). Such an alien 
     may not be required, as a condition on submitting or granting 
     such application, to file a separate motion to reopen, 
     reconsider, or vacate such order. If the Attorney General 
     grants the application, the Attorney General shall cancel the 
     order. If the Attorney General makes a final decision to deny 
     the application, the order shall be effective and enforceable 
     to the same extent as if the application had not been made.
       (b) Aliens Eligible for Adjustment of Status.--The benefits 
     provided by subsection (a) shall apply to any alien who is a 
     national of Haiti who--
       (1) was present in the United States on December 31, 1995, 
     who--
       (A) filed for asylum before December 31, 1995,
       (B) was paroled into the United States prior to December 
     31, 1995, after having been identified as having a credible 
     fear of persecution, or paroled for emergent reasons or 
     reasons deemed strictly in the public interest, or
       (C) was a child (as defined in the text above subparagraph 
     (A) of section 101(b)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(b)(1)) at the time of arrival in the 
     United States and on December 31, 1995, and who--
       (i) arrived in the United States without parents in the 
     United States and has remained without parents in the United 
     States since such arrival,
       (ii) became orphaned subsequent to arrival in the United 
     States, or
       (iii) was abandoned by parents or guardians prior to April 
     1, 1998 and has remained abandoned since such abandonment; 
     and
       (2) has been physically present in the United States for a 
     continuous period beginning not later than December 31, 1995, 
     and ending not earlier than the date the application for such 
     adjustment is filed, except that an alien shall not be 
     considered to have failed to maintain continuous physical 
     presence by reason of an absence, or absences, from the 
     United States for any period or periods amounting in the 
     aggregate to not more than 180 days.
       (c) Stay of Removal.--
       (1) In general.--The Attorney General shall provide by 
     regulation for an alien who is subject to a final order of 
     deportation or removal or exclusion to seek a stay of such 
     order based on the filing of an application under subsection 
     (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision of the Immigration and Nationality Act, the 
     Attorney General shall not order any alien to be removed from 
     the United States, if the alien is in exclusion, deportation, 
     or removal proceedings under any provision of such Act and 
     has applied for adjustment of status under subsection (a), 
     except where the Attorney General has made a final 
     determination to deny the application.
       (3) Work authorization.--The Attorney General may authorize 
     an alien who has applied for adjustment of status under 
     subsection (a) to engage in employment in the United States 
     during the pendency of such application and may provide the 
     alien with an ``employment authorized'' endorsement or other 
     appropriate document signifying authorization of employment, 
     except that if such application is pending for a period 
     exceeding 180 days, and has not been denied, the Attorney 
     General shall authorize such employment.
       (d) Adjustment of Status for Spouses and Children.--
       (1) In general.--The status of an alien shall be adjusted 
     by the Attorney General to that of an alien lawfully admitted 
     for permanent residence, if--
       (A) the alien is a national of Haiti;
       (B) the alien is the spouse, child, or unmarried son or 
     daughter, of an alien whose status is adjusted to that of an 
     alien lawfully admitted for permanent residence under 
     subsection (a), except that, in the case of such an unmarried 
     son or daughter, the son or daughter shall be required to 
     establish that he or she has been physically present in the 
     United States for a continuous period beginning not later 
     than December 31, 1995, and ending not earlier than the date 
     the application for such adjustment is filed;
       (C) the alien applies for such adjustment and is physically 
     present in the United States on the date the application is 
     filed; and
       (D) the alien is otherwise admissible to the United States 
     for permanent residence, except that, in determining such 
     admissibility, the grounds for inadmissibility specified in 
     paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 
     212(a) of the Immigration and Nationality Act shall not 
     apply.
       (2) Proof of continuous presence.--For purposes of 
     establishing the period of continuous physical presence 
     referred to in paragraph (1)(B), an alien shall not be 
     considered to have failed to maintain continuous physical 
     presence by reason of an absence, or absences, from the 
     United States for any period or periods amounting in the 
     aggregate to not more than 180 days.
       (e) Availability of Administrative Review.--The Attorney 
     General shall provide to applicants for adjustment of status 
     under subsection (a) the same right to, and procedures for, 
     administrative review as are provided to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act; or
       (2) aliens subject to removal proceedings under section 240 
     of such Act.
       (f) Limitation on Judicial Review.--A determination by the 
     Attorney General as to whether the status of any alien should 
     be adjusted under this section is final and shall not be 
     subject to review by any court.
       (g) No Offset in Number of Visas Available.--When an alien 
     is granted the status of having been lawfully admitted for 
     permanent resident pursuant to this section, the Secretary of 
     State shall not be required to reduce the number of immigrant 
     visas authorized to be issued under any provision of the 
     Immigration and Nationality Act.
       (h) Application of Immigration and Nationality Act 
     Provisions.--Except as otherwise specifically provided in 
     this title, the definitions contained in the Immigration and 
     Nationality Act shall apply in the administration of this 
     section. Nothing contained in this title shall be held to 
     repeal, amend, alter, modify, effect, or restrict the powers, 
     duties, functions, or authority of the Attorney General in 
     the administration and enforcement of such Act or any other 
     law relating to immigration, nationality, or naturalization. 
     The fact that an alien may be eligible to be granted the 
     status of having been lawfully admitted for permanent 
     residence under this section shall not preclude the alien 
     from seeking such status under any other provision of law for 
     which the alien may be eligible.
       (i) Adjustment of Status Has No Effect On Eligibility For 
     Welfare and Public Benefits.--No alien whose status has been 
     adjusted in accordance with this section and who was not a 
     qualified alien on the date of enactment of this Act may, 
     solely on the basis of such adjusted status, be considered to 
     be a qualified alien under section 431(b) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1641(b)), as amended by section 5302 of the 
     Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 
     598), for purposes of determining the alien's eligibility for 
     supplemental security income benefits under title XVI of the 
     Social Security Act (42 U.S.C. 1381 et seq.) or medical 
     assistance under title XIX of such Act (42 U.S.C. 1396 et 
     seq.).
       (j) Period of Applicability.--Subsection (i) shall not 
     apply after October 1, 2003.

     SEC. __03. COLLECTION OF DATA ON DETAINED ASYLUM SEEKERS.

       (a) In general.--The Attorney General shall regularly 
     collect data on a nation-wide basis with respect to asylum 
     seekers in detention in the United States, including the 
     following information:
       (1) The number of detainees.
       (2) An identification of the countries of origin of the 
     detainees.
       (3) The percentage of each gender within the total number 
     of detainees.

[[Page S9268]]

       (4) The number of detainees listed by each year of age of 
     the detainees.
       (5) The location of each detainee by detention facility.
       (6) With respect to each facility where detainees are held, 
     whether the facility is also used to detain criminals and 
     whether any of the detainees are held in the same cells as 
     criminals.
       (7) The number and frequency of the transfers of detainees 
     between detention facilities.
       (8) The average length of detention and the number of 
     detainees by category of the length of detention.
       (9) The rate of release from detention of detainees for 
     each district of the Immigration and Naturalization Service.
       (10) A description of the disposition of cases.
       (b) Annual reports.--Beginning October 1, 1999, and not 
     later than October 1 of each year thereafter, the Attorney 
     General shall submit to the Committee on the Judiciary of 
     each House of Congress a report setting forth the data 
     collected under subsection (a) for the fiscal year ending 
     September 30 of that year.
       (c) Availability to Public.--Copies of the data collected 
     under subsection (a) shall be made available to members of 
     the public upon request pursuant to such regulations as the 
     Attorney General shall prescribe.

     SEC. __04. COLLECTION OF DATA ON OTHER DETAINED ALIENS.

       (a) In General.--The Attorney General shall regularly 
     collect data on a nationwide basis on aliens being detained 
     in the United States by the Immigration and Naturalization 
     Service other than the aliens described in section __03, 
     including the following information:
       (1) The number of detainees who are criminal aliens and the 
     number of detainees who are noncriminal aliens who are not 
     seeking asylum.
       (2) An identification of the ages, gender, and countries of 
     origin of detainees within each category described in 
     paragraph (1).
       (3) The types of facilities, whether facilities of the 
     Immigration and Naturalization Service or other Federal, 
     State, or local facilities, in which each of the categories 
     of detainees described in paragraph (1) are held.
       (b) Length of Detention, Transfers, and Dispositions.--With 
     respect to detainees who are criminal aliens and detainees 
     who are noncriminal aliens who are not seeking asylum, the 
     Attorney General shall also collect data concerning--
       (1) the number and frequency of transfers between detention 
     facilities for each category of detainee;
       (2) the average length of detention of each category of 
     detainee;
       (3) for each category of detainee, the number of detainees 
     who have been detained for the same length of time, in 3-
     month increments;
       (4) for each category of detainee, the rate of release from 
     detention for each district of the Immigration and 
     Naturalization Service; and
       (5) for each category of detainee, the disposition of 
     detention, including whether detention ended due to 
     deportation, release on parole, or any other release.
       (c) Criminal Aliens.--With respect to criminal aliens, the 
     Attorney General shall also collect data concerning--
       (1) the number of criminal aliens apprehended under the 
     immigration laws and not detained by the Attorney General; 
     and
       (2) a list of crimes committed by criminal aliens after the 
     decision was made not to detain them, to the extent this 
     information can be derived by cross-checking the list of 
     criminal aliens not detained with other databases accessible 
     to the Attorney General.
       (d) Annual Reports.--Beginning on October 1, 1999, and not 
     later than October 1 of each year thereafter, the Attorney 
     General shall submit to the Committee on the Judiciary of 
     each House of Congress a report setting forth the data 
     collected under subsections (a), (b), and (c) for the fiscal 
     year ending September 30 of that year.
       (e) Availability to Public.--Copies of the data collected 
     under subsections (a), (b), and (c) shall be made available 
     to members of the public upon request pursuant to such 
     regulations as the Attorney General shall prescribe.
                                 ______
                                 

                     LAUTENBERG AMENDMENT NO. 3369

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

       At the appropriate place, add the following:
       Since during the Nazi occupation of Poland, Oskar Schindler 
     personally risked his life and that of his wife to provide 
     food and medical care and saved the lives of over 1,000 Jews 
     from death, many of whom later made their homes in the United 
     States;
       Since Oskar Schindler also rescued about 100 Jewish men and 
     women from the Golezow concentration camp, who lay trapped 
     and partly frozen in 2 sealed train cars stranded near 
     Brunnlitz;
       Since millions of Americans have been made aware of the 
     story of Schindler's bravery;
       Since on April 28, 1962, Oskar Schindler was named a 
     `Righteous Gentile' by Yad Vashem; and
       Since Oskar Schindler is a true hero and humanitarian 
     deserving of honor by the United States Government;
       It is the sense of the Congress that the Postal Service 
     should issue a stamp honoring the life of Oskar Schindler.
                                 ______
                                 

                 SNOWE (AND OTHERS) AMENDMENT NO. 3370

  Mr. REID (for Ms. Snowe for herself, Mr. Reid, Ms. Mikulski, Ms. 
Moseley-Braun, and Mr. Smith of Oregon) proposed an amendment to the 
bill, S. 2312, supra; as follows:

       At the appropriate place in the bill, insert the following:
       Sec. __. (a) None of the funds appropriated by this Act may 
     be expended by the Office of Personnel Management to enter 
     into or renew any contract under section 8902 of title 5, 
     United States Code, for a health benefits plan--
       (1) which provides coverage for prescription drugs, unless 
     such plan also provides equivalent coverage for all 
     prescription contraceptive drugs or devices approved by the 
     Food and Drug Administration, or generic equivalents approved 
     as substitutable by the Food and Drug Administration; or
       (2) which provides benefits for outpatient services 
     provided by a health care professional, unless such plan also 
     provides equivalent benefits for outpatient contraceptive 
     services.
       (b) Nothing in this section shall apply to a contract with 
     any of the following religious plans:
       (1) SelectCare.
       (2) PersonalCare's HMO.
       (3) Care Choices.
       (4) OSF Health Plans, Inc.
       (5) Yellowstone Community Health Plan.
       (6) And any other existing or future religious based plan 
     whose religious tenets are in conflict with the requirements 
     in this Act.
       (c) For purposes of this section--
       (1) the term ``contraceptive drug or device'' means a drug 
     or device intended for preventing pregnancy; and
       (2) the term ``outpatient contraceptive services'' means 
     consultations, examinations, procedures, and medical 
     services, provided on an outpatient basis and related to the 
     use of contraceptive methods (including natural family 
     planning) to prevent pregnancy.
                                 ______
                                 

                        REID AMENDMENT NO. 3371

  Mr. REID proposed an amendment to amendment No. 3370 proposed by Ms. 
Snowe to the bill, S. 2312, supra; as follows:

       At the end of the amendment, add the following new 
     subsection:
       (c) Nothing in this section shall be construed to require 
     coverage of abortion or abortion related services.
                                 ______
                                 

                       DORGAN AMENDMENT NO. 3372

  Mr. DORGAN proposed an amendment to the bill, S. 2312, supra; as 
follows:

     SEC.   . IMPORTATION OF CERTAIN GRAINS.

       (a) Findings.--The Congress finds that--
       (1) importation of grains into the United States at less 
     than the cost to produce those grains is causing injury to 
     the United States producers of those grains;
       (2) importation of grains into the United States at less 
     than the fair value of those grains is causing injury to the 
     United States producers of those grains;
       (3) the Canadian government and the Canadian Wheat Board 
     have refused to disclose pricing and cost information 
     necessary to determine whether grains are being exported to 
     the United States at prices in violation of United States 
     trade laws or agreements.
       (b) Requirements.--
       (1) The Customs Service, consulting with the United States 
     Trade Representative and the Department of Commerce, shall 
     conduct a study of the efficiency and effectiveness of 
     requiring that all spring wheat, durum or barley imported 
     into the United States be imported into the United States 
     through a single port of entry.
       (2) The Customs Service, consulting with the United States 
     Trade Representative and the Department of Commerce, shall 
     determine whether such spring wheat, durum and barley could 
     be imported into the United States through a single port of 
     entry until either the Canadian Wheat Board or the Canadian 
     Government discloses all information necessary to determine 
     the cost and price for all such grains being exported to the 
     United States from Canada and whether such cost or price 
     violates any law of the United States, or violates, is 
     inconsistent with, or denies benefits to the United States 
     under, any trade agreement.
       (3) The Customs Service shall report to the Committees on 
     Appropriations and Finance not later than ninety days after 
     the effective date of this act on the results of the study 
     required by subsections (1) and (2), above.
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 3373

  Mr. WELLSTONE proposed an amendment to amendment No. 3362 submitted 
by Mr. Faircloth to the bill, S. 2312, supra; as follows:

       At the end of the amendment insert the following:

     SEC.  . FAMILY WELL-BEING AND CHILDREN'S IMPACT STATEMENT.

       Consideration of any bill or joint resolution of a public 
     character reported by any

[[Page S9269]]

     committee of the Senate or of the House of Representatives 
     that is accompanied by a committee report that does not 
     contain a detailed analysis of the probable impact of the 
     bill or resolution on family well-being and on children, 
     including whether such bill or joint resolution will increase 
     the number of children who are hungry or homeless, shall not 
     be in order.
                                 ______
                                 

                       HARKIN AMENDMENT NO. 3374

  Mr. HARKIN proposed an amendment to amendment No. 3353 proposed by 
Mr. Thompson to the bill, S. 2132, supra; as follows:

       Strike out all after ``Sec. 642.'' and insert in lieu 
     thereof the following:

     PROHIBITION OF ACQUISITION OF PRODUCTS PRODUCED BY FORCED OR 
                   INDENTURED CHILD LABOR.

       (a) Prohibition.--The head of an executive agency may not 
     acquire an item that appears on a list published under 
     subsection (b) unless the source of the item certifies to the 
     head of the executive agency that forced or indentured child 
     labor was not used to mine, produce, or manufacture the item.
       (b) Publication of List of Prohibited Items.--(1) The 
     Secretary of Labor, in consultation with the Secretary of the 
     Treasury and the Secretary of State, shall publish in the 
     Federal Register every other year a list of items that such 
     officials have identified that have been mined, produced, or 
     manufactured by forced or indentured child labor.
       (2) The first list shall be published under paragraph (1) 
     not later than 120 days after the date of the enactment of 
     this Act.
       (c) Required Contract Clauses.--(1) The head of an 
     executive agency shall include in each solicitation of offers 
     for a contract for the procurement of an item included on a 
     list published under subsection (b) the following clauses:
       (A) A clause that requires the contractor to certify to the 
     contracting officer that the contractor or, in the case of an 
     incorporated contractor, a responsible official of the 
     contractor has made a good faith effort to determine whether 
     forced or indentured child labor was used to mine, produce, 
     or manufacture any item furnished under the contract and 
     that, on the basis of those efforts, the contractor is 
     unaware of any such use of child labor.
       (B) A clause that obligates the contractor to cooperate 
     fully to provide access for the head of the executive agency 
     or the inspector general of the executive agency to the 
     contractor's records, documents, persons, or premises if 
     requested by the official for the purpose of determining 
     whether forced or indentured child labor was used to mine, 
     produce, or manufacture any item furnished under the 
     contract.
       (2) This subsection applies with respect to acquisitions 
     for a total amount in excess of the micro-purchase threshold 
     (as defined in section 32(f) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 428(f)), including 
     acquisitions of commercial items for such an amount 
     notwithstanding section 34 of the Office of Federal 
     Procurement Act (41 U.S.C. 430).
       (d) Investigations.--Whenever a contracting officer of an 
     executive agency has reason to believe that a contractor has 
     submitted a false certification under subsection (a) or 
     (c)(1)(A) or has failed to provide cooperation in accordance 
     with the obligation imposed pursuant to subsection (c)(1)(B), 
     the head of the executive agency shall refer the matter, for 
     investigation, to the Inspector General of the executive 
     agency and, as the head of the executive agency determines 
     appropriate, to the Attorney General and the Secretary of the 
     Treasury.
       (e) Remedies.--(1) The head of an executive agency may 
     impose remedies as provided in this subsection in the case of 
     a contractor under a contract of the executive agency if the 
     head of the executive agency finds that the contractor--
       (A) has furnished under the contract items that have been 
     mined, produced, or manufactured by forced or indentured 
     child labor or uses forced or indentured child labor in 
     mining, production, or manufacturing operations of the 
     contractor;
       (B) has submitted a false certification under subparagraph 
     (A) of subsection (c)(1); or
       (C) has failed to provide cooperation in accordance with 
     the obligation imposed pursuant to subparagraph (B) of such 
     subsection.
       (2) The head of the executive agency, in the sole 
     discretion of the head of the executive agency, may terminate 
     a contract on the basis of any finding described in paragraph 
     (1).
       (3) The head of an executive agency may debar or suspend a 
     contractor from eligibility for Federal contracts on the 
     basis of a finding that the contractor has engaged in an act 
     described in paragraph (1)(A). The period of the debarment or 
     suspension may not exceed three years.
       (4) The Administrator of General Services shall include on 
     the List of Parties Excluded from Federal Procurement and 
     Nonprocurement Programs (maintained by the Administrator as 
     described in the Federal Acquisition Regulation) each person 
     that is debarred, suspended, proposed for debarment or 
     suspension, or declared ineligible by the head of an 
     executive agency or the Comptroller General on the basis that 
     the person uses forced or indentured child labor to mine, 
     produce, or manufacture any item.
       (5) This subsection shall not be construed to limit the use 
     of other remedies available to the head of an executive 
     agency or any other official of the Federal Government on the 
     basis of a finding described in paragraph (1).
       (f) Report.--Each year, the Administrator of General 
     Services, with the assistance of the heads of other executive 
     agencies, shall review the actions taken under this section 
     and submit to Congress a report on those actions.
       (g) Implementation in the Federal Acquisition Regulation.--
     (1) The Federal Acquisition Regulation shall be revised 
     within 180 days after the date of enactment of this Act--
       (A) to provide for the implementation of this section; and
       (B) 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.
       (2) The revisions of the Federal Acquisition Regulation 
     shall be published in the Federal Register promptly after the 
     final revisions are issued.
       (h) Exception.--(1) This section does not apply to a 
     contract that is for the procurement of any product, or any 
     article, material, or supply contained in a product, that is 
     mined, produced, or manufactured in any foreign country or 
     instrumentality, if--
       (A) the foreign country or instrumentality is--
       (i) a party to the Agreement on Government Procurement 
     annexed to the WTO Agreement; or
       (ii) a party to the North American Free Trade Agreement; 
     and
       (B) the contract is of a value that is equal to or greater 
     than the United States threshold specified in the Agreement 
     on Government Procurement annexed to the WTO Agreement or the 
     North American Free Trade Agreement, whichever is applicable.
       (2) For purposes of this subsection, the term ``WTO 
     Agreement'' means the Agreement Establishing the World Trade 
     Organization, entered into on April 15, 1994.
       (i) Applicability.--(1) Except as provided in subsection 
     (c)(2), the requirements of this section apply on and after 
     the date determined under subsection (2) to any solicitation 
     that is issued, any unsolicited proposal that is received, 
     and any contract that is entered into by an executive agency 
     pursuant to such a solicitation or proposal on or after this 
     date.
       (2) The date referred to is paragraph (1) is the date that 
     is 30 days after the date of the publication of the revisions 
     of the Federal Acquisition Regulation under subsection 
     (g)(2).
                                 ______
                                 

                      BINGAMAN AMENDMENT NO. 3375

  Mr. BINGAMAN proposed an amendment to the bill, S. 2132; supra; as 
follows:

       On page 99, between lines 17 and 18, insert the following:
       Sec. 8104. Of the amounts appropriated under title IV for 
     the Army, the Navy, and the Air Force, $59,606,000 shall be 
     available for the applied research element within the Dual 
     Use Applications Program, as follows:
       (1) Of the amount appropriated for the Army, $20,000,000.
       (2) Of the amount appropriated for the Navy, $20,000,000.
       (3) Of the amount appropriated for the Air Force, 
     $19,606,000.
                                 ______
                                 

                BINGAMAN (AND OTHERS) AMENDMENT NO. 3376

  Mr. BINGAMAN (for himself, Mr. Murkowski, Mr. Torricelli, Mr. Breaux, 
Mr. Domenici, and Ms. Landrieu) proposed an amendment to the bill, S. 
2312, supra; as follows:

       At the appropriate place in the bill, add the following:


   ``additional purchases of oil for the strategic petroleum reserve

       ``In response to historically low prices for oil produced 
     domestically and to build national capacity for response to 
     future energy supply emergencies, the Secretary of Energy 
     shall purchase and transport an additional $420,000,000 of 
     oil for the Strategic Petroleum Reserve upon a determination 
     by the President that current market conditions are 
     imperiling domestic oil production from marginal and small 
     producers: Provided, That an official budget request for the 
     purchase of oil for the Strategic Petroleum Reserve and 
     including a designation of the entire request as an emergency 
     requirement as defined in the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, is transmitted by 
     the President to the Congress: Provided further, That the 
     entire amount in the preceding proviso is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of such Act.''.
                                 ______
                                 

                 DURBIN (AND OTHERS) AMENDMENT NO. 3377

  Mr. CAMPBELL (for Mr. Durbin, for himself, Mr. Kennedy, Mr. Dodd, Mr. 
McCain, and Mr. Mack) proposed an amendment to the bill, S. 2312, 
supra; as follows:

       At the appropriate place, insert:
       The Senate Find
       Find of these 44 million, many are descended from the 
     nearly two million Irish

[[Page S9270]]

     immigrants who were forced to flee Ireland during the ``Great 
     Hunger'' of 1845-1850;
       Find those immigrants dedicated themselves to the 
     development of our nation and contributed immensely to it by 
     helping to build our railroads, our canals, our cities and 
     our schools;
       Find 1998 marks the 150th anniversary of the mass 
     immigration of Irish immigrants to America during the Irish 
     Potato Famine;
       Find commemorating this tragic but defining episode in the 
     history of American immigration would be deserving of honor 
     by the United States Government:
       It is the sense of Congress that the United States Postal 
     Service should issue a stamp honoring the 150th anniversary 
     of Irish immigration to the United States during the Irish 
     Famine of 1845-1850.
                                 ______
                                 

                 BAUCUS (AND OTHERS) AMENDMENT NO. 3378

  Mr. BAUCUS (for himself, Mr. Jeffords, Mr. Allard, Mr. Conrad, Mr. 
Leahy, Mr. Dorgan, Mr. Enzi, Mr. Reid, and Mr. Bryan) proposed an 
amendment 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 at the request of the 
     community served. 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.
       ``(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.''.
                                 ______
                                 

               McCONNELL (AND OTHERS) AMENDMENT NO. 3379

  Mr. McCONNELL (for himself, Mr. McCain, Mr. Bennett, and Mr. Warner) 
proposed an amendment to the bill, S. 2312, supra; as follows:

       At the end of title V, add the following section:

     SEC. __. PROVISIONS FOR STAFF DIRECTOR AND GENERAL COUNSEL OF 
                   THE FEDERAL ELECTION COMMISSION.

       (a) Appointment and Term of Service.--
       (1) In general.--The first sentence of section 306(f)(1) of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 
     437c(f)(1)) is amended by striking ``by the Commission'' and 
     inserting ``by an affirmative vote of not less than 4 members 
     of the Commission for a term of 4 years''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply with respect to any individual serving as the 
     staff director or general counsel of the Federal Election 
     Commission on or after January 1, 1999, without regard to 
     whether or not the individual served as staff director or 
     general counsel prior to such date.

[[Page S9271]]

       (b) Treatment of Individuals Filling Vacancies; Termination 
     of Authority Upon Expiration of Term.--Section 306(f)(1) of 
     such Act (2 U.S.C. 437c(f)(1)) is amended by inserting after 
     the first sentence the following: ``An individual appointed 
     as a staff director or general counsel to fill a vacancy 
     occurring other than by the expiration of a term of office 
     shall be appointed only for the unexpired term of the 
     individual whose term is being filled. An individual serving 
     as staff director or general counsel may not serve in such 
     position after the expiration of the individual's term unless 
     reappointed in accordance with this paragraph.''.
       (c) Rule of Construction Regarding Authority of Acting 
     General Counsel.--Section 306(f) of such Act (2 U.S.C. 
     437c(f)) is amended by adding at the end the following:
       ``(5) Nothing in this Act shall be construed to prohibit 
     any individual serving as an acting general counsel of the 
     Commission from performing any functions of the general 
     counsel of the Commission.''.
                                 ______
                                 

                 GLENN (AND OTHERS) AMENDMENT NO. 3380

  Mr. GLENN (for himself, Mr. Jeffords, Mr. Kohl, Mr. Levin, Mr. 
Feingold, and Mr. Dodd) proposed an amendment to the bill, S. 2312, 
supra; as follows:

       On page 44, line 13, insert after ``$33,700,000'' the 
     following: ``(increased by $2,800,000 to be used for 
     enforcement activities)''.
       On page 46, line 18, strike ``$5,665,585,000'' and insert 
     ``$5,662,785,000''.
       On page 56, line 20, strike ``$5,665,585,000'' and insert 
     ``$5,662,785,000''.
                                 ______
                                 

                  GRAHAM (AND MACK) AMENDMENT NO. 3381

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

       On page 20, line 16, strike $3,164,399,000'' and insert 
     ``$3,162,399,000.
       On page 39, line 10, strike ``$171,007,000'' and insert 
     ``$173,007,000''.
       On page 40, line 3, strike ``: Provided, That funding'' and 
     insert the following: ``, and of which $3,000,000 shall be 
     used to continue the recently created Central Florida High 
     Intensity Drug Trafficking Area: Provided, That except with 
     respect to the Central Florida High Intensity Drug 
     Trafficking Area, funding''.
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 3382

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

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

     SEC. 6__. DESIGNATION OF EUGENE J. MCCARTHY POST OFFICE 
                   BUILDING.

       (a) In General.--The building of the United States Postal 
     Service located at 180 East Kellogg Boulevard in Saint Paul, 
     Minnesota, shall be known and designated as the ``Eugene J. 
     McCarthy Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``Eugene J. McCarthy Post Office 
     Building''.
                                 ______
                                 

              DOMENICI (AND COVERDELL) AMENDMENT NO. 3383

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

       On page 8, line 11, strike ``$66,251,000'' and insert 
     ``$71,923,000''.
       On page 10, line 12, strike ``and related expenses, 
     $15,360,000'' and insert ``new construction, and related 
     expenses, $42,620,000''.
       On page 46, line 18, strike ``$5,665,585,000'' and insert 
     ``$5,632,552,000''.
       On page 50, line 20, strike ``$668,031,000'' and insert 
     ``$634,998,000''.
       On page 50, line 23, strike ``$323,800,000'' and insert 
     ``$309,499,000''.
       On page 52, line 13, strike ``$344,236,000'' and insert 
     ``$311,203,000''.
       On page 56, line 20, strike ``$5,665,585,000'' and insert 
     ``$5,632,552,000''.
       On page 45, line 21, strike ``$508,752,000'' and insert 
     ``S475,719,000''.
                                 ______
                                 

                DOMENICI (AND OTHERS) AMENDMENT NO. 3384

  Mr. DOMENICI (for himself, Mr. Coverdell, Mr. Bingaman, and Mr. 
Cleland) proposed an amendment to the bill, S. 2312, supra; as follows:

       At the end of the bill add the following new section:
       ``Sec.  . Within the amounts appropriated in this Act, up 
     to $20.3 million may be transferred to the Acquisition, 
     Construction, Improvements, and Related Expenses account of 
     the Federal Law Enforcement Training Center for new 
     construction.''
                                 ______
                                 

                       STEVENS AMENDMENT NO. 3385

  Mr. STEVENS proposed an amendment to the bill, S. 2312, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. AVERAGE PAY DETERMINATION OF CERTAIN FEDERAL 
                   OFFICERS AND EMPLOYEES.

       (a) Civil Service Retirement System.--
       (1) In general.--Chapter 83 of title 5, United States Code, 
     is amended by inserting after section 8339 the following:

     ``Sec. 8339a. Average pay determination in certain years

       ``(a) For purposes of this section the term `covered 
     position' means--
       ``(1) any position for which pay is adjusted by statute 
     whenever an adjustment takes effect under section 5303 (or 
     any statute relating to cost-of-living adjustments in 
     statutory pay systems in effect before the effective date of 
     section 101 of the Federal Employees Pay Comparability Act of 
     1990 (Public Law 101-509; 104 Stat. 1429)); or
       ``(2) any position for which pay is adjusted by rule, 
     practice, or order based on an adjustment in the pay of a 
     position described under paragraph (1).
       ``(b) Subject to subsection (d), for purposes of 
     determining the average pay of an employee or Member, the 
     basic pay of the employee or Member during a year described 
     under subsection (c) shall be deemed to be the basic pay paid 
     at the actual rate of pay adjusted by the same percentage as 
     any cost-of-living adjustment of annuities under section 8340 
     which took effect during such year, on the date such cost-of-
     living adjustment took effect.
       ``(c) Subsection (b) refers to any year in which--
       ``(1) any cost-of-living adjustment of annuities under 
     section 8340 took effect; and
       ``(2) the applicable employee or Member serving in a 
     covered position did not receive an adjustment in pay 
     described under subsection (a) (1) or (2) because a statute 
     provided that such adjustment would not take effect with 
     respect to a covered position described under subsection (a) 
     (1).
       ``(d) Average pay shall be determined under this section, 
     if the applicable employee or Member, or the survivor of such 
     employee or Member, deposits to the credit of the Fund an 
     amount equal to the difference between the amount deducted 
     from the basic pay of the employee or Member during the 
     period of service in a covered position and the amount which 
     would have been deducted during such period if the rate of 
     basic pay had been adjusted as provided under subsections (b) 
     and (c), plus interest as computed under section 8334(e).''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 83 of title 5, United States Code, is 
     amended by inserting after the item relating to section 8339 
     the following:

``8339a. Average pay determination in certain years.''.

       (b) Federal Employees Retirement System.--
       (1) In general.--Chapter 84 of title 5, United States Code, 
     is amended by inserting after section 8415 the following:

     ``Sec. 8415a. Average pay determination in certain years

       ``(a) For purposes of this section the term `covered 
     position' means--
       ``(1) any position for which pay is adjusted by statute 
     whenever an adjustment takes effect under section 5303 (or 
     any statute relating to cost-of-living adjustments in 
     statutory pay systems in effect before the effective date of 
     section 101 of the Federal Employees Pay Comparability Act of 
     1990 (Public Law 101-509; 104 Stat. 1429)); or
       ``(2) any position for which pay is adjusted by rule, 
     practice, or order based on an adjustment in the pay of a 
     position described under paragraph (1).
       ``(b) Subject to subsection (d), for purposes of 
     determining the average pay of an employee or Member, the 
     basic pay of the employee or Member during a year described 
     under subsection (c) shall be deemed to be the basic pay paid 
     at the actual rate of pay adjusted by the same percentage as 
     any cost-of-living adjustment of annuities under section 8462 
     which took effect during such year, on the date such cost-of-
     living adjustment took effect.
       ``(c) Subsection (b) refers to any year in which--
       ``(1) any cost-of-living adjustment of annuities under 
     section 8462 took effect; and
       ``(2) the applicable employee or Member serving in a 
     covered position did not receive an adjustment in pay 
     described under subsection (a) (1) or (2) because a statute 
     provided that such adjustment would not take effect with 
     respect to a covered position described under subsection (a) 
     (1).
       ``(d) Average pay shall be determined under this section, 
     if the applicable employee or Member, or the survivor of such 
     employee or Member, deposits to the credit of the Fund an 
     amount equal to the difference between the amount deducted 
     from the basic pay of the employee or Member during the 
     period of service in a covered position and the amount which 
     would have been deducted during such period if the rate of 
     basic pay had been adjusted as provided under subsections (b) 
     and (c), plus interest as computed under section 8334(e).''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 84 of title 5, United States Code, is 
     amended by inserting after the item relating to section 8415 
     the following:

``8415a. Average pay determination in certain years.''

       (c) Effective Date.--This section shall take effect on 
     January 2, 1999, and shall apply only to any annuity 
     commencing on or after such date.

[[Page S9272]]

                                 ______
                                 

                GRASSLEY (AND OTHERS) AMENDMENT NO. 3386

  Mr. CAMPBELL (for Mr. Grassley for himself, Mr. D'Amato, Mr. 
Sessions, Mr. Stevens, and Mr. Grams) proposed an amendment 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 reasonable action, including 
     the use of force, 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.
                                 ______
                                 

                 HARKIN (AND MURRAY) AMENDMENT NO. 3387

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

       At the appropriate place in the bill and the following:
       On page 39, strike lines 10 through 12 and insert in lieu 
     thereof the following: ``Area Program, $179,007,000 for drug 
     control activities consistent with the approved strategy for 
     each of the designated High Intensity Drug Trafficking Areas, 
     of which $8,000,000 shall be used for methamphetamine 
     programs above the sums allocated in fiscal year 1998 and 
     otherwise provided for in this legislation with no less than 
     half of the $8,000,000 going to areas solely dedicated to 
     fighting methamphetamine usage, and in addition no less than 
     $1,000,000 of the $8,000,000 shall be allocated to the 
     Cascade High Intensity Drug Trafficking Area, of which''.
       Amend page 50, line 20 by reducing the dollar figure by 
     $8,000,000.
       Amend page 52, line 13 by reducing the dollar figure by 
     $8,000,000.
                                 ______
                                 

                 CAMBELL (AND KOHL) AMENDMENT NO. 3388

  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:
       On page 10, line 14, strike through page 10, line 20.
       On page 17, line 7, strike ``98,488,000,'' and insert in 
     lieu thereof ``113,488,000,''.
       On page 17, line 20, strike ``1999.'' and insert in lieu 
     thereof ``1999: Provided further, That of the amount 
     provided, $15,000,000 shall be made available for drug 
     interdiction activities in South Florida and the Caribean.''.
       On page 39, line 10 strike ``171,007,000'' and insert in 
     lieu thereof ``183,977,000''.
       On page 39, line 19 after ``criteria,'' insert ``and of 
     which $3,000,000 shall be used to continue the recently 
     created Central Florida High Intensity Drug Trafficking Area, 
     and of which $1,970,000 shall be used for the addition of 
     North Dakota into the Midwest High Intensity Drug Trafficking 
     Area, and of which $7,000,000 shall be used for 
     methamphetamine programs otherwise provided for in this 
     legislation with not less than half of the $7,000,000 shall 
     expand the Midwest High Intensity Drug Trafficking Area, and 
     of which $1,000,000 shall be used to expand the Cascade High 
     Intensity Drug Trafficking Area, and of which $1,500,000 
     shall be provided to the Southwest Border High Intensity Drug 
     Trafficking Area,''.
                                 ______
                                 

                        KERRY AMENDMENT NO. 3389

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

       At the appropriate place insert the following:

     SECTION 1. SENSE OF THE SENATE REGARDING THE REDUCTION OF 
                   PAYROLL TAXES.

       (a) Findings.--The Senate finds the following:
       (1) The payroll tax under the Federal Insurance 
     Contributions Act (FICA) is the biggest, most regressive tax 
     paid by working families.
       (2) The payroll tax constitutes a 15.3 percent tax burden 
     on the wages and self-employment income of each American, 
     with 12.4 percent of the payroll tax used to pay social 
     security benefits to current beneficiaries and 2.9 percent 
     used to pay the medicare benefits of current beneficiaries.
       (3) The amount of wages and self-employment income subject 
     to the social security portion of the payroll tax is capped 
     at $68,400. Therefore, the lower a family's income, the more 
     they pay in payroll tax as a percentage of income. The 
     Congressional Budget Office has estimated that for those 
     families who pay payroll taxes, 80 percent pay more in 
     payroll taxes than in income taxes.
       (4) In 1996, the median household income was $35,492, and a 
     family earning that amount and taking standard deductions and 
     exemptions paid $2,719 in Federal income tax, but lost $5,430 
     in income to the payroll tax.
       (5) Ownership of wealth is essential for everyone to have a 
     shot at the American dream, but the payroll tax is the 
     principal burden to savings and wealth creation for working 
     families.
       (6) Since 1983, the payroll tax has been higher than 
     necessary to pay current benefits.
       (7) Since most of the payroll tax receipts are deposited in 
     the social security trust funds, which masks the real amount 
     of Government borrowing, those whom the payroll tax hits 
     hardest, working families, have shouldered a disproportionate 
     share of the Federal budget deficit reduction and, therefore, 
     a disproportionate share of the creation of the Federal 
     budget surplus.
       (8) Over the next 10 years, the Federal Government will 
     generate a budget surplus of $1,550,000,000,000, and all but 
     $32,000,000,000 of that surplus will be generated by excess 
     payroll taxes.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) if Congress decides to use the Federal budget surplus 
     to provide tax relief the payroll tax should be reduced 
     first; and
       (2) Congress and the President should work to reduce this 
     tax which burdens American families.

                          ____________________