[Congressional Record Volume 148, Number 95 (Monday, July 15, 2002)]
[House]
[Pages H4606-H4608]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 5093

                       Offered By: Mr. Blumenauer

       Amendment No. 1: Add at the end, before the short title, 
     the following new section:
       Sec. ____. None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into any new 
     commercial agricultural lease on the Lower Klamath and Tule 
     Lake National Wildlife Refuges in the States of Oregon and 
     California that permits the growing of row crops or alfalfa.

                               H.R. 5093

                         Offered By: Mrs. Capps

       Amendment No. 2: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. ____. None of the funds provided in this Act may be 
     expended by the Department of the Interior to approve any 
     exploration plan, any development and production plan, any 
     application for permit to drill or to permit any drilling on 
     Outer Continental Shelf Southern California Planning Area 
     leases numbered OCS-P0443, OCS-P0445, OCS-P0446, OCS-P0449, 
     OCS-P0499, OCS-P0500, OCS-P0210, OCS-P0527, OCS-P0460, OCS-
     P0464, OCS-P0409, OCS-P0396, OCS-P0397, OCS-P0402, OCS-P0403, 
     OCS-P0408, OCS-P0414, OCS-P0319, OCS-P0320, OCS-P0322, OCS-
     P0323-A, OCS-P0426, OCS-P0427, OCS-P0432, OCS-P0435, OCS-
     P0452, OCS-P0453, OCS-P0425, OCS-P0430, OCS-P0431, OCS-P0433, 
     OCS-P0434, OCS-P0415, OCS-P0416, OCS-P0421, and OCS-P0422.

                               H.R. 5093

                          Offered By: Mr. Issa

       Amendment No. 3: At the end of the bill (before the short 
     title), insert the following:
       Sec. ____. Of the funds appropriated in title I under the 
     heading ``Insular Affairs--Assistance to Territories'', not 
     more than $23,012,058 may be made available before September 
     30, 2003, for grants to the Government of American Samoa.

                               H.R. 5093

                          Offered By: Mr. Issa

       Amendment No. 4: At the end of the bill (before the short 
     title), insert the following:
       Sec. ____. Of the funds appropriated in title I under the 
     heading ``Insular Affairs--Assistance to Territories'', not 
     more than $22,012,058 may be made available before September 
     30, 2003, for grants to the Government of American Samoa.

                               H.R. 5093

                         Offered By: Mrs. Mink

       Amendment No. 5: Page 74, after line 23, insert the 
     following new section:
       Sec. 142. To the Office of Insular Affairs, for partial 
     reimbursement to the State of Hawaii for the costs incurred 
     as a result of the Compact of Free Association from increased 
     demands on educational and social services to migrants from 
     the Marshall Islands, the Federated States of Micronesia, and 
     the Republic of Palau, $10,000,000.

                               H.R. 5093

                         Offered By: Mr. Moran

       Amendment No. 6: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. ____. None of the funds made available in this Act may 
     be used to implement any sanction imposed by the United 
     States on private commercial sales of agricultural 
     commodities (as defined in section 402 of the Agricultural 
     Trade Development and Assistance Act of 1954) or medicine or 
     medical supplies (within the meaning of section 1705(c) of 
     the Cuban Democracy Act of 1992) to Cuba (other than a 
     sanction imposed pursuant to agreement with one or more other 
     countries).

                               H.R. 5093

                         Offered By: Ms. Norton

       Amendment No. 7: Page 113, line 24, after the dollar 
     amount, insert the following: ``(reduced by $5,500,000)''.

                               H.R. 5093

                        Offered By: Mr. Sanders

       Amendment No. 8: Page 95, line 14, insert ``(reduced by 
     $3,000,000) (increased by $3,000,000)'' after 
     ``$984,653,000''.

                               H.R. 5093

                       Offered By: Ms. Slaughter

       Amendment No. 9: Under the heading ``Departmental 
     Management-salaries and expenses'' in title I, insert after 
     the dollar amount on page 49, line 16, the following: 
     ``(reduced by $9,000,000)''.
       Under the heading ``national forest system'' in title II, 
     insert after the dollar amount on page 76, line 13, the 
     following: ``(reduced by $6,000,000)''.
       Under the heading ``National Endowment for the Humanities-
     grants and administration'' in title II, insert after the 
     dollar amount on page 114, line 18, the following: 
     ``(increased by $5,000,000)''.
       Under the heading ``Challenge America Arts Fund-challenge 
     america grants'' in title II, insert after the dollar amount 
     on page 115, line 14, the following: ``(increased by 
     $10,000,000)''.

                               H.R. 5120

                         Offered By: Mr. Flake

       Amendment No. 1: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. ____. (a) None of the funds made available in this Act 
     may be used to administer or enforce part 515 of title 31, 
     Code of Federal Regulations (the Cuban Assets Control 
     Regulations) with respect to any travel or travel-related 
     transaction.
       (b) The limitation established in subsection (a) shall not 
     apply to the issuance of general or specific licenses for 
     travel or travel-related transactions, and shall not apply to 
     transactions in relation to any business travel covered by 
     section 515.560(g) of such part 515.

                               H.R. 5120

                         Offered By: Mr. Flake

       Amendment No. 2: At the end of the bill (before the short 
     title), insert the following:
       Sec. ____. None of the funds made available in this Act may 
     be used to provide any grant, loan, loan guarantee, contract, 
     or other assistance to any entity (including a State or 
     locality, but excluding any Federal entity) identified 
     specifically by name as the recipient in a report of the 
     Committee on Appropriations of the House of Representatives 
     or

[[Page H4607]]

     the Senate, or in a joint explanatory statement of the 
     committee of conference, accompanying this Act unless the 
     entity is also identified specifically by name as the 
     recipient in this Act.

                               H.R. 5120

                         Offered By: Mr. Moran

       Amendment No. 3: At the end of title I of the bill, insert 
     after the last section (preceding the short title) the 
     following:


       additional general provisions--department of the treasury

       Sec. 151. Section 620(a)(1) of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2370(a)(1)) is amended--
       (1) in the first sentence, by striking the period at the 
     end and inserting the following: ``, except as needed to 
     promote and facilitate commercial exports of agricultural 
     commodities from the United States to Cuba.''; and
       (2) in the second sentence, by striking the period at the 
     end and inserting the following: ``, except that any such 
     embargo shall not apply with respect to the commercial export 
     of any agricultural commodity or with respect to travel or 
     financing (or other transactions) incident to the commercial 
     marketing, sale, or delivery of agricultural commodities. As 
     used in this paragraph, the term `agricultural commodity' has 
     the meaning given the term in section 102 of the Agricultural 
     Trade Act of 1978.''.
       Sec. 152. Upon the enactment of this Act, any regulation, 
     proclamation, or provision of law, including Presidential 
     Proclamation 3447 of February 3, 1962, the Export 
     Administration Regulations (15 CFR 730 and following), the 
     Cuban Assets Control Regulations (31 CFR 515), and section 
     102(h) of the Cuban Liberty and Democratic Solidarity 
     (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)), that authorizes 
     sanctions with respect to, prohibits, or otherwise restricts 
     exports to Cuba or transactions involving exports to Cuba and 
     that is in effect on the date of the enactment of this Act, 
     shall not apply with respect to the commercial export to Cuba 
     of agricultural commodities, with respect to travel or 
     financing (or other transactions) incident to the commercial 
     marketing, sale, or delivery of agricultural commodities, or 
     with respect to the receipt of payment for agricultural 
     exports.
       Sec. 153. After the enactment of this Act, the President 
     may not restrict the commercial exportation to Cuba of 
     agricultural commodities--
       (1) under the Export Administration Act of 1979; or
       (2) under section 203 of the International Emergency 
     Economic Powers Act.
       Sec. 154. (a) Trade Sanctions Reform and Export Enhancement 
     Act of 2000.--
       (1) Inapplicability.--The Trade Sanctions Reform and Export 
     Enhancement Act of 2000 (title IX of H.R. 5426, as enacted 
     into law by section 1(a) of Public Law 106-387, and as 
     contained in the appendix of such Public Law) shall not apply 
     with respect to commercial exports to Cuba of agricultural 
     commodities.
       (2) Conforming amendments.--The Trade Sanctions Reform and 
     Export Enhancement Act of 2000 is amended--
       (A) in section 906(a)(2)--
       (i) by striking ``export of agricultural commodities'' and 
     inserting ``commercial export of agricultural commodities to 
     Cuba, or with respect to the export of agricultural 
     commodities''; and
       (ii) by adding at the end the following: ``The commercial 
     export of agricultural commodities to Cuba shall be allowed 
     without the issuance of a specific license therefor.'';
       (B) in section 908--
       (i) by striking subsection (b);
       (ii) in subsection (a)--

       (I) by striking ``Prohibition'' and all that follows 
     through ``(1) In general.--'' and inserting ``In General.--
     '';
       (II) by redesignating paragraph (2) as subsection (b) (and 
     conforming the margin accordingly); and
       (IV) by redesignating paragraph (3) as subsection (c) (and 
     conforming the margin accordingly); and

       (iii) in subsections (b) and (c) (as redesignated), by 
     striking ``paragraph (1)'' each place it appears and 
     inserting ``subsection (a)''; and
       (C) in section 910--
       (i) in subsection (a), by striking ``The Secretary of the 
     Treasury'' and all that follows and inserting ``The Secretary 
     of the Treasury shall authorize travel to, from, or within 
     Cuba for purposes of the marketing, sale, delivery, or 
     financing of a sale of agricultural commodities to Cuba, and 
     any related transactions thereto, without the issuance of a 
     specific license therefor.''; and
       (ii) in subsection (b)(2), by adding at the end before the 
     period the following: ``or that does not relate to travel to, 
     from, or within Cuba incident to the marketing, sale, 
     delivery, or financing of a sale of agricultural commodities 
     to Cuba, or any related transactions thereto''
       (b) Sanctions Under Cuban Democracy Act of 1992.--
       (1) Inapplicability.--Section 1706(b) of the Cuban 
     Democracy Act of 1992 (22 U.S.C. 6005(b); prohibiting certain 
     vessels from entering United States ports) shall not apply 
     with respect to vessels that transport agricultural 
     commodities to Cuba on a commercial basis or that transport 
     persons whose travel is incident to the delivery of 
     agricultural commodities to Cuba on a commercial basis.
       (2) Conforming amendments.--Section 1705(b) of the Cuban 
     Democracy Act of 1992 (22 U.S.C. 6004(b)) is amended--
       (A) in the subsection caption by striking ``, Donations'' 
     and inserting ``, Exports''; and
       (B) by striking ``donations of food to nongovernmental 
     organizations or individuals in Cuba'' and inserting 
     ``commercial exports of agricultural commodities to Cuba''.
       Sec. 155. Subparagraph (A) of section 901(j)(2) of the 
     Internal Revenue Code of 1986 (relating to denial of foreign 
     tax credit, etc., with respect to certain foreign countries) 
     is amended by adding at the end thereof the following new 
     flush sentence:

     ``Notwithstanding the preceding sentence, this subsection 
     shall not apply to Cuba with respect to income or excess 
     profits taxes paid to Cuba that are attributable to 
     activities with respect to articles permitted to be exported 
     to Cuba, or travel or financing (or other transactions) 
     incident thereto that is permitted, by virtue of the 
     enactment of the Treasury Department Appropriations Act, 
     2003. The preceding sentence shall apply after the date which 
     is 60 days after the date of the enactment of this 
     sentence.''.
       Sec. 156. (a) Study.--The Secretary of Agriculture shall 
     conduct a study of United States agricultural export 
     promotion and credit programs in effect as of the date of 
     enactment of this Act to determine if changes to current law 
     are needed to improve the ability of the Secretary of 
     Agriculture to utilize United States agricultural export 
     promotion and credit programs with respect to the consumption 
     of United States agricultural commodities in Cuba, and to 
     otherwise enhance, assist, and remove any limitations on, 
     commercial sales and other agricultural exports to Cuba.
       (b) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     submit to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate a report containing the results of 
     the study conducted under subsection (a).
       Sec. 157. In this title, the term ``agricultural 
     commodity'' has the meaning given the term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).

                               H.R. 5120

                         Offered By: Ms. Norton

       Amendment No. 4: At the end of the bill (before the short 
     title), insert the following:
       Sec. ____. None of the funds made available in this Act may 
     be used to maintain the closure to public traffic of E 
     Street, NW, in the District of Columbia, south of the White 
     House.

                               H.R. 5120

                         Offered By: Mr. Rangel

       Amendment No. 5: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. ____. None of the funds made available in this Act may 
     be used to implement, administer, or enforce the economic 
     embargo of Cuba, as defined in section 4(7) of the Cuban 
     Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 
     (Public Law 104-114), except those provisions that relate to 
     the denial of foreign tax credits or to the implementation of 
     the Harmonized Tariff Schedule of the United States.

                               H.R. 5120

                         Offered By: Mr. Rangel

       Amendment No. 6: In title I, in the item relating to ``Tax 
     Law Enforcement'', after the aggregate dollar amount, insert 
     the following: ``(increased by $9,000,000)''.
       In title I, in the item relating to ``Earned Income Tax 
     Credit Compliance Initiative'', after the aggregate dollar 
     amount, insert the following: ``(reduced by $10,000,000)''.

                                H.R. 5120

                        Offered By: Mr. Sanders

       Amendment No. 7: At the end of the bill before the short 
     title, insert the following new section:
       Sec. ____. None of the funds appropriated by this Act may 
     be used by the Internal Revenue Service for any activity that 
     is in contravention of Internal Revenue Service Notice 96-8 
     issued on January 18, 1996, section 411(b)(1)(H)(i) or 
     section 411(d)(6) of the Internal Revenue Code of 1986, 
     section 204(b)(1)(G) or 204(b)(1)(H)(i) of the Employee 
     Retirement Income Security Act of 1974, or section 4(i)(1)(A) 
     of the Age Discrimination in Employment Act of 1967.

                               H.R. 5120

                          Offered By Mr. Wynn

       Amendment No. 8: At the end of the bill (before the short 
     title), insert the following new section:

       Sec. ____. (a) Centralized Reporting System.--Not later 
     than 180 days after the date of the enactment of this Act, 
     each agency shall establish a centralized reporting system in 
     accordance with guidance promulgated by the Office of 
     Management and Budget that allows the agency to generate 
     periodic reports on the contracting efforts of the agency. 
     Such centralized reporting system shall be designed to enable 
     the agency to generate reports on efforts regarding both 
     contracting out and contracting in.
       (b) Reports on Contracting Efforts.--(1) Not later than 180 
     days after the date of the enactment of this Act, every 
     agency shall generate and submit to the Director of the 
     Office of Management and Budget a report on the contracting 
     efforts of the agency undertaken during the 2 fiscal years 
     immediately preceding the fiscal year during

[[Page H4608]]

     which this Act is enacted. Such report shall comply with the 
     requirements in paragraph (3).
       (2) For the current fiscal year and every fiscal year 
     thereafter, every agency shall complete and submit to the 
     Director of the Office of Management and Budget a report on 
     the contracting efforts undertaken by the agency during the 
     current fiscal year. Such reports shall comply with the 
     requirements in paragraph (3), and shall be completed and 
     submitted not later than the end of the first fiscal quarter 
     of the subsequent fiscal year.
       (3) The reports referred to in this subsection shall 
     include the following information with regard to each 
     contracting effort undertaken by the agency:
       (A) The contract number and the Federal supply class or 
     service code.
       (B) A statement of why the contracting effort was 
     undertaken and an explanation of what alternatives to the 
     contracting effort were considered and why such alternatives 
     were ultimately rejected.
       (C) The names, addresses, and telephone numbers of the 
     officials who supervised the contracting effort.
       (D) The competitive process used or the statutory or 
     regulatory authority relied on to enter into the contract 
     without public-private competition.
       (E) The cost of Federal employee performance at the time 
     the work was contracted out (if the work had previously been 
     performed by Federal employees).
       (F) The cost of Federal employee performance under a Most 
     Efficient Organization plan (if the work was contracted out 
     through OMB Circular A-76).
       (G) The anticipated cost of contractor performance, based 
     on the award.
       (H) The current cost of contractor performance.
       (I) The actual savings, expressed both as a dollar amount 
     and as a percentage of the cost of performance by Federal 
     employees, based on the current cost, and an explanation of 
     the difference, if any.
       (J) A description of the quality control process used by 
     the agency in connection with monitoring the contracting 
     effort, identification of the applicable quality control 
     standards, the frequency of the preparation of quality 
     control reports, and an assessment of whether the contractor 
     met, exceeded, or failed to achieve the quality control 
     standards.
       (K) The number of employees performing the contracting 
     effort under the contract and any related subcontracts.
       (c) Report on Contracting Efforts.--(1) For the current 
     fiscal year and every fiscal year thereafter, every agency 
     shall complete and submit to the Director of the Office of 
     Management and Budget a report on the contracting efforts 
     undertaken by the agency during the current fiscal year. Such 
     reports shall comply with the requirements in paragraph (2), 
     and shall be completed and submitted not later than the end 
     of the first fiscal quarter of the subsequent fiscal year.
       (2) The reports referred to in paragraph (1) shall include 
     the following information for each contracting in effort 
     undertaken by the agency:
       (A) A description of the type of work involved.
       (B) A statement of why the contracting in effort was 
     undertaken.
       (C) The names, addresses, and telephone numbers of the 
     officials who supervised the contracting in effort.
       (D) The cost of performance at the time the work was 
     contracted in.
       (E) The current cost of performance by Federal employees or 
     military personnel.
       (d) Report on Employee Positions.--Not later than 30 days 
     after the end of the current fiscal year and every fiscal 
     year thereafter, every agency shall report on the number of 
     Federal employee positions and positions held by non-Federal 
     employees under a contract between the agency and an 
     individual or entity that has been subject to public-private 
     competition.
       (e) Committees to Which Reports Must Be Submitted.--The 
     reports referred to in this section shall be submitted to the 
     Committee on Government Reform of the House of 
     Representatives and to the Committee on Governmental Affairs 
     of the Senate.
       (f) Publication.--The Director of the Office of Management 
     and Budget shall promptly publish in the Federal Register 
     notices including a description of when the reports referred 
     to in this section are available to the public and the names, 
     addresses, and telephone numbers of the officials from whom 
     the reports may be obtained.
       (g) Availability on Internet.--After the excision of 
     proprietary information, the reports referred to in this 
     section shall be made available through the Internet.
       (h) Review.--The Director of the Office of Management and 
     Budget shall review the reports referred to in this section 
     and consult with the head of the agency regarding the content 
     of such reports.
       (i) Definitions.--As used in this section:
       (1) The term ``employee'' means any individual employed--
       (A) as a civilian in a military department (as defined in 
     section 102 of title 5, United States Code);
       (B) in an executive agency (as defined in section 105 of 
     title 5, United States Code), including an employee who is 
     paid from nonappropriated funds;
       (C) in those units of the legislative and judicial branches 
     of the Federal Government having positions in the competitive 
     service;
       (D) in the Library of Congress;
       (E) in the Government Printing Office; or
       (F) by the Governors of the Federal Reserve System.
       (2) The term ``agency'' means any department, agency, 
     bureau, commission, activity, or organization of the United 
     States, that employs an employee (as defined in paragraph 
     (1)).
       (3) The term ``non-Federal personnel'' means employed 
     individuals who are not employees, as defined in paragraph 
     (1).
       (4) The term ``contractor'' means an individual or entity 
     that performs a function for an agency under a contract with 
     non-Federal personnel.
       (5) The term ``privatization'' means the end result of the 
     decision of an agency to exit a business line, terminate an 
     activity, or sell Government owned assets or operational 
     capabilities to the non-Federal sector.
       (6) The term ``outsourcing'' means the end result of the 
     decision of an agency to acquire services from external 
     sources, either from a non-Federal source or through 
     interservice support agreements, through a contract.
       (7) The term ``contracting out'' means the conversion by an 
     agency of the performance of a function to the performance by 
     a non-Federal employee under a contract between an agency and 
     an individual or other entity.
       (8) The term ``contracting in'' is the conversion of the 
     performance of a function by non-Federal employees under a 
     contract between an agency and an individual or other entity 
     to the performance by employees.
       (9) The term ``contracting'' means the performance of a 
     function by non-Federal employees under a contract between an 
     agency and an individual or other entity. The term 
     ``contracting'', as used throughout this Act, includes 
     privatization, outsourcing, contracting out, and contracting, 
     unless otherwise specifically provided.
       (10)(A) Subject to subparagraph (B), the term ``critical 
     for the provision of patient care'' means direct patient 
     medical and hospital care that the Department of Veterans 
     Affairs or other Federal hospitals or clinics are not capable 
     of furnishing because of geographical inaccessibility, 
     medical emergency, or the particularly unique type of care or 
     service required.
       (B) The term does not include support and administrative 
     services for hospital and clinic operations, including food 
     service, laundry services, grounds maintenance, 
     transportation services, office operations, and supply 
     processing and distribution services.
       (j) Appropriation.--There is appropriated $2,000,000 for 
     fiscal year 2003 to carry out this section, to be derived by 
     transfer from the amount appropriated in title I of this Act 
     for ``Internal Revenue Service--Tax Law Enforcement''. The 
     Director of the Office of Management and Budget shall 
     allocate such amount among the appropriate accounts, and 
     shall submit to the Congress a report setting forth such 
     allocation.
       (k) Applicability.--(1) The provisions of this section 
     shall apply to fiscal year 2003 and each fiscal year 
     thereafter.
       (2) This section--
       (A) does not apply with respect to the General Accounting 
     Office;
       (B) does not apply with respect to depot-level maintenance 
     and repair of the Department of Defense (as defined in 
     section 2460 of title 10, United States Code); and
       (C) does not apply with respect to contracts for the 
     construction of new structures or the remodeling of or 
     additions to existing structures, but shall apply to all 
     contracts for the repair and maintenance of any structures.