[Congressional Record Volume 145, Number 104 (Wednesday, July 21, 1999)]
[Senate]
[Pages S8968-S8969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 2000 DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 1999

                                 ______
                                 

                GREGG (AND HOLLINGS) AMENDMENT NO. 1271

  Mr. GREGG (for himself and Mr. Hollings) proposed an amendment to the 
bill (S. 1217) making appropriations for the Departments of Commerce, 
Justice, and State, the Judiciary, and related agencies for the fiscal 
year ending September 30, 2000, and for other purposes; as follows:

       On page 6, line 14, strike ``any other provision of law'' 
     and insert ``31 U.S.C. 3302 (b)''.
       On page 6, line 18, strike ``(15 U.S.C. 18(a))'' and insert 
     ``(15 U.S.C. 18a)''
       On page 25, line 23, insert after ``(106 Stat. 3524)'', 
     ``of which $5,000,000 shall be available to the National 
     Institute of Justice for a national evaluation of the Byrne 
     program,''.
       On page 30, line 17, strike after ``1999''; ``of which 
     $12,000,000 shall be available for the Office of Justice 
     Programs' Global Information Integration Initiative;''.
       On page 50, line 6, insert before the period: ``to be made 
     available until expended''.
       On page 73, between lines 12 and 13, insert the following:
       ``Sec. 306. Section 604(a)(5) of title 28, United States 
     Code, is amended by adding before the semicolon at the end 
     thereof the following: `, and, notwithstanding any other 
     provision of law, pay on behalf of justices and judges of the 
     United States appointed to hold office during good behavior, 
     aged 65 or over, any increases in the cost of Federal 
     Employees' Group Life Insurance imposed after April 24, 1999, 
     including any expenses generated by such payments, as 
     authorized by the Judicial Conference of the United States.' 
     ''.
       On page 75, line 15, insert the following after ``period'': 
     ``, unless the Secretary of State determines that a detail 
     for a period more than a total of 2 years during any 5 year 
     period would further the interests of the Department of 
     State''.
       On page 75, line 21, insert the following after ``detail'': 
     ``, unless the Secretary of State determines that the 
     extension of the detail would further the interests of the 
     Department of State''.
       On page 76, line 11, insert before the period: ``: Provided 
     further, That of the amount made available under this 
     heading, not less than $11,000,000 shall be available for the 
     Office of Defense Trade Controls''.
       On page 110, strike lines 15 through 23 and insert in lieu 
     thereof:
       ``(ii) Notwithstanding otherwise applicable law, for each 
     license or construction permit issued by the Commission under 
     the subsection for which a debt or other monetary obligation 
     is owned to the Federal Communications Commission or to the 
     United States, the Commission shall be deemed to have a 
     pefected, first priority security interest in such license or 
     permit, and in the proceeds of sale of such license or 
     permit, to the extent of the outstanding balance of such a 
     debt or other obligation.''
       On page 111, insert after the end of Sec. 619:
       ``Sec. 620. (a) Definition--For the purposes of this 
     section--
       (1) the term ``agency'' means the Federal Communications 
     Commission.
       (2) the term ``employee'' means an employee (as defined by 
     section 2105 of title 5, United States Code) who is serving 
     under an appointment without time limitation, and has been 
     currently employed by such agency for a continuous period of 
     at least 3 years; but does not include--
       (A) a reemployed annuitant under subchapter III of chapter 
     83 or chapter 84 of title 5, United States Code, or another 
     retirement system for employees of the Government.
       (B) an employee having a disability on the basis of which 
     such employee is or would be eligible for disability 
     retirement under subchapter III of chapter 83 or chapter 84 
     of title 5, United States Code, or another retirement system 
     for employees of the Government.
       (C) an employee who has been duly notified that he or she 
     is to be involuntarily separated for misconduct or 
     unacceptable performance.
       (D) an employee who has previously received any voluntary 
     separation incentive payment from the Federal Government 
     under this section or any other authority;
       (E) an employee covered by statutory reemployment rights 
     who is on transfer to another organization; or
       (F) any employee who, during the twenty-four month period 
     preceding the date of separation, has received a recruitment 
     or relocation bonus under section 5753 of title 5, United 
     States Code, or who, within the twelve month period preceding 
     the date of separation, received a retention allowance under 
     section 5754 of that title.
       (3) The term ``Chairman'' means the Chairman of the Federal 
     Communications Commission.
       (b) Agency Plan.--
       (1) In general.--The Chairman, prior to obligating any 
     resources for voluntary separation incentive payments, shall 
     submit to the Office of Management and Budget a strategic 
     plan outlining the intended use of such incentive payments 
     and a proposed organization chart for the agency once such 
     incentive payments have been completed.
       (2) Contents.--The agency's plan shall include--
       (A) the positions and functions to be reduced, eliminated, 
     and increased, as appropriate, identified by organizational 
     unit, geographic location, occupational category and grade 
     level;
       (B) the time period during which incentives may be paid;
       (C) the number and amounts of voluntary separation 
     incentives to be offered; and

[[Page S8969]]

       (D) a description of how the agency will operate without 
     the eliminated positions and functions and with any increased 
     or changed occupational skill mix.
       (3) Consultation.--The Director of the Office of Management 
     and Budget shall review the agency's plan and may make 
     appropriate recommendations for the plan with respect to the 
     coverage of incentives as described under paragraph (2)(A), 
     and with respect to the matters described in paragraph 
     (2)(B)-(C).
       (c) Authority To Provide Voluntary Separation Incentive 
     Payments--
       (1) In general.--A voluntary separation incentive payment 
     under this section may be paid by the Chairman to any 
     employee only to the extent necessary to eliminate the 
     positions and functions identified by the strategic plan.
       (2) Amount and treatment of payments.--A voluntary 
     incentive payment--
       (A) shall be paid in a lump sum, after the employee's 
     separation
       (B) shall be equal to the lesser of--
       (i) an amount equal to the amount the employee would be 
     entitled to receive under section 5595(c) of title 5, United 
     States Code (without adjustment for any previous payments 
     made) or
       (ii) an amount determined by the Chairman, not to exceed 
     $25,000;
       (C) may not be made except in the case of any qualifying 
     employee who voluntarily separates (whether by retirement or 
     resignation) under the provision of this section by not 
     later than September 30, 2001;
       (D) shall not be a basis for payment, and shall not be 
     included in the computation, of any other type of Government 
     benefit; and
       (E) shall not be taken into account in determining the 
     amount of any severance pay to which the employee may be 
     entitled under section 5595 of title 5, United States Code, 
     based on any other separation.
       (d) Additional Agency Contributions to the Retirement 
     Fund.--
       (1) In general.--in addition to any other payments which it 
     is required to make under subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code, the agency shall 
     remit to the Office of Personnel Management for deposit in 
     the Treasury of the United States to the credit of the Civil 
     Service Retirement and Disability Fund an amount equal to 15 
     percent of the final base pay of each employee of the agency 
     who is covered under subchapter III of chapter 83 or chapter 
     84 of title 5, United States Code, to whom a voluntary 
     separation incentive has been paid under this Act.
       (2) Definition.--for the purpose of paragraph (1), the term 
     ``final basic pay,'' with respect to an employee, means the 
     total amount of basic pay which would be payable for a year 
     of service by such employee, computed using the employee's 
     final rate of basic pay, and, if last serving on other than a 
     full-time basis, with appropriate adjustment therefor.
       (e) Effect of Subsequent Employment With the Government.--
       (1) An individual who has received a voluntary separation 
     incentive payment from the agency under this section and 
     accepts any employment for compensation with the Government 
     of the United States, or who works for any agency of the 
     United States Government through a personal services 
     contract, within 5 years after the date of the separation on 
     which the payment is based shall be required to pay, prior to 
     the individual's first day of employment, the entire amount 
     of the lump sum incentive payment to the agency.
       (2) If the employment under paragraph (1) is with an 
     Executive agency (as defined by section 105 of title 5, 
     United States Code),the United States Postal service, or the 
     Postal Rate Commission, the Director of the Office of 
     Personnel Management may, at the request of the head of the 
     agency, waive the repayment if the individual involved 
     possesses unique abilities and is the only qualified 
     applicant available for the position.
       (3) If the employment under paragraph (1) is with an entity 
     in the legislative branch, the head of the entity or the 
     appointing official may waive the repayment if the individual 
     involved possesses unique abilities and is the only qualified 
     applicant available for the position.
       (4) If the employment under paragraph (1) is with the 
     judicial branch, the Director of the Administrative Office of 
     the United States Courts may waive the repayment if the 
     individual involved possesses unique abilities and is the 
     only qualified applicant for this position.
       (f) Intended Effect on Agency Employment Levels.--
       (1) In general.--Voluntary separations under this section 
     are not intended to necessarily reduce the total number of 
     full-time equivalent positions in the Federal Communications 
     Commission. The agency may redeploy or use the full-time 
     equivalent positions vacated by voluntary separations under 
     this section to make other positions available to more 
     critical locations or more critical occupations.
       (2) Enforcement.--The president, through the office of 
     Management and Budget, shall monitor the agency and take any 
     action necessary to ensure that the requirements of this 
     subsection are met.
       (g) Regulations.--The Office of Personnel Management may 
     prescribe such regulations as may be necessary to implement 
     this section.
       (h) Effective Date.--This section shall take effect on the 
     date of enactment. (Departments of Commerce, Justice, and 
     State, the Judiciary and Related Agencies of Appropriations 
     Act, 1999, as included in Public Law 105-277, section 
     101(b)).''.
       At the end of title VI, insert the following:
       ``Sec. 621. The Secretary of Commerce (hereinafter the 
     ``Secretary'') is hereby authorized and directed to create an 
     ``Interagency Task Force on Indian Arts and Crafts 
     Enforcement'' to be composed of representatives of the U.S. 
     Trade Representative, the Department of Commerce, the 
     Department of Interior, the Department of Justice, the 
     Department of Treasury, the International Trade 
     Administration, and representatives of other agencies and 
     departments in the discretion of the Secretary to devise and 
     implement a coordinated enforcement response to prevent the 
     sale or distribution of any product or goods sold in or 
     shipped to the United States that is not in compliance with 
     the Indian Arts and Crafts Act of 1935, as amended.''.
                                 ______
                                 

                        GREGG AMENDMENT NO. 1272

  Mr. GREGG proposed an amendment to the bill, S. 1217, supra; as 
follows:

       At the end of title I, insert the following:
       (a) In General.--Section 310001(b) of the violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) is 
     amended by striking paragraphs (1) through (5) and inserting 
     the following:
       (1) for fiscal year 2001, $6,025,000,000;
       (2) for fiscal year 2002, $6,169,000,000;
       (3) for fiscal year 2003, $6,316,000,000;
       (4) for fiscal year 2004, $6,458,000,000; and
       (5) for fiscal year 2005, $6,616,000,000.
       (b) Discretionary Limits.--Title XXXI of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14211 et 
     seq.) is amended by inserting after section 310001 the 
     following:

     SEC. 310002. DISCRETIONARY LIMITS.

       For the purposes of allocations made for the discretionary 
     category pursuant to section 302(a) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 633(a)), the term 
     ``discretionary spending limit'' means--
       (1) with respect to fiscal year 2001--
       (A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Budget Committee; and
       (B) for the violent crime reduction category: 
     $6,025,000,000 in new budget authority and $5,718,000,000 in 
     outlays;
       (2) with respect to fiscal year 2002--
       (A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Budget Committee; and
       (B) for the violent crime reduction category: 
     $6,169,000,000 in new budget authority and $6,020,000,000 in 
     outlays; and
       (3) with respect to fiscal year 2003--
       (A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Budget Committee; and
       (B) for the violent crime reduction category: 
     $6,316,000,000 in new budget authority and $6,161,000,000 in 
     outlays;
       (4) with respect to fiscal year 2004--
       (A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Budget Committee; and
       (B) for the violent crime reduction category: 
     $6,458,000,000 in new budget authority and $6,303,000,000 in 
     outlays; and
       (5) with respect to fiscal year 2005--
       (A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Budget Committee; and
       (B) for the violent crime reduction category: $6,616,000 in 
     new budget authority and $6,452,000,000 in outlays:

     as adjusted in accordance with section 251(b) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)) and section 314 of the Congressional Budget Act of 
     1974.'.

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