[Congressional Record Volume 140, Number 7 (Wednesday, February 2, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 2, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. ROBB:
  S. 1817. A bill to amend subchapter II of chapter 73 of title X, 
United States Code, to prevent cost-of-living increases in the survivor 
annuity contributions of uniformed services retirees from becoming 
effective before related cost-of-living increases in retired pay become 
payable; to the Committee on Armed Services.


            SURVIVOR BENEFITS PROGRAM AMENDMENT ACT OF 1994

 Mr. ROBB. Madam President, I introduce legislation to correct 
an inequity in the contributions military retirees make to the Survivor 
Benefits Program. Last year when we passed the Omnibus Budget 
Reconciliation Act, COLA's for military retirees were delayed until 
April 1994. While I was not pleased with that decision, I voted for the 
legislation because I'm firmly committed to reducing our budget 
deficit. The bill did just that by almost $500 billion over 5 years.
  Contributions to the Survivor Benefits Program are based upon the 
military retiree's base pay. However, the Department of Defense has 
announced that it intends to increase contributions to the Survivor 
Benefits Program effective this past December because the legislation 
did not delay survivor benefit COLA's. While it is accurate that 
survivors COLA's were not delayed, military retiree COLA's were, and 
therefore the retiree's base pay has not yet been increased.
  I believe that it is patently unfair to attempt to raise 
contributions to the Survivor Benefit Program when the base pay has not 
been augmented by the COLA. I know that when I considered the issue of 
military retiree COLA's, I expected that contributions to the Survivor 
Benefits Program would not increase until the retiree's base pay 
increased as well.
  This seems like a clear case of the Department of Defense not 
interpreting the law as Congress intended, and the bill I'm introducing 
here today will correct that. This legislation explicitly ties 
contributions to the Survivor Benefits Program to the retiree's base 
pay, no matter when the effective date of the retiree's COLA may be.
  Madam President, I believe that we must take this corrective action 
in the name of equity for our military retirees. When they opted to 
enroll in this program to ensure the economic security of their 
survivors, they were told that their contribution would be a certain 
percentage of their base pay. We shouldn't allow this commitment to be 
changed on them now, and I encourage the speedy consideration and 
enactment of this legislation for the benefit of our military retirees 
who are being charged for increased survivor benefits even as we speak.
  Madam President, I thank the Chair. I thank the majority leader and 
the Republican leader, and ask unanimous consent that the text of my 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1817

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. COST-OF-LIVING INCREASES IN SBP CONTRIBUTIONS TO 
                   BE EFFECTIVE CONCURRENTLY WITH PAYMENT OF 
                   RELATED RETIRED PAY COST-OF-LIVING INCREASES.

       (a) Survivor Benefit Plan.--Section 1452(h) of title 10, 
     United States Code, is amended--
       (1) by inserting ``(1)'' after ``(h)''; and
       (2) by adding at the end the following new subsection:
       ``(2)(A) Notwithstanding paragraph (1), when the initial 
     payment of an increase in retired pay under section 1401a of 
     this title (or any other provision of law) to a person is 
     later than the effective date of that increase by reason of 
     the application of subsection (b)(2)(B) of such section, then 
     the amount of the reduction in the person's retired pay shall 
     be effective on the date of that initial payment of the 
     increase in retired pay rather than the effective date of the 
     increase in retired pay.
       ``(B) Subparagraph (A) may not be construed as delaying, 
     for purposes of determining the amount of a monthly annuity 
     under section 1451 of this title, the effective date of an 
     increase in a base amount under subsection (h) of such 
     section from the effective date of an increase in retired pay 
     under section 1401a of this title to the date on which the 
     initial payment of that increase in retired pay is made in 
     accordance with subsection (b)(2)(B) of such section 
     1401a.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect with respect to retired pay payable for 
     months beginning on or after the date of the enactment of 
     this Act.
                                 ______

      By Mr. METZENBAUM (for himself and Mr. Glenn):
  S. 1818. A bill to establish the Ohio and Erie Canal National 
Heritage Corridor in the State of Ohio as an affiliated area of the 
National Park System, and for other purposes; to the Committee on 
Energy and Natural Resources.


     the ohio and erie canal national heritage corridor act of 1993

 Mr. METZENBAUM. Mr. President, on behalf of myself and Senator 
Glenn, I introduce the Ohio and Erie Canal National Heritage Corridor 
Act of 1993.
  The purpose of this bill is to designate an 87-mile section of the 
Ohio and Erie Canal as the Nation's fourth national heritage corridor. 
National heritage corridors preserve the distinctive natural, cultural, 
and historical significance of a specific region and are worthy of 
national recognition.
  Mr. President, I strongly believe that the Ohio and Erie Canal 
corridor is worthy of such recognition.
  Northeast Ohio has long been recognized for its valued natural 
resources. As pioneers settled the region during the 1700's, they found 
abundant resources for building new lives. But geography cut them off 
from the rest of the country. The region was isolated from markets to 
the south and east. It became obvious that a reliable transportation 
system was needed to link Ohio's pioneers to these markets.
  A canal was built along the Cuyahoga and Tuscarawas River valleys in 
northeast Ohio. When it was completed in 1832, the canal spanned 308 
miles and became the Nation's great link between Lake Erie with the 
Gulf of Mexico.
  The economic impact of this canal was immediate and dramatic. In just 
20 years Ohio moved from near bankruptcy to economic prosperity. It 
became the third most prosperous State in the Nation, largely as a 
result of commerce opened up by the canal. It was during this era that 
Cleveland became a major lake port, handling the Great Lakes' greatest 
amount of commerce. The emergence of Akron as a grain milling center 
was also a direct result of the canal. Economic prosperity expanded 
beyond the larger cities and encompassed all the smaller communities of 
the region as well. With expanded commerce canal increased population: 
Many newcomers to the region were immigrants from around the world. 
This created the religious and ethnic diversity for which northern Ohio 
remains famous to this day.

  During the Civil War, the canal became a route to freedom for slaves 
fleeing the South. Ohio's Underground Railroad made frequent use of the 
canal, while also acting as a supply route for Union soldiers.
  With the emergence of railroads as the dominant means of commerce, 
the Ohio and Erie Canal fell into disuse after the Civil War. However, 
the region had already established itself as a manufacturing center, 
and industrial growth continued for the remainder of the 19th century.
  Cleveland's prosperity gave birth to many notable businesses such as 
the Sherwin-Williams Paint Co. and John D. Rockefeller's Standard Oil. 
In Akron, B.F. Goodrich opened the first rubber factory and was 
followed by Firestone, Goodyear, and others.
  Smaller communities also contributed to the regions prosperity. 
Diamond Match Co. of Barberton and Dow Chemical of Navarre have grown 
to become nationally prominent industries. Canton witnessed the birth 
and career of William McKinley as Governor, and later as the 25th 
President of the United States.
  Growth outside the major cities was also hastened by the advent of 
the automobile. Development of the countryside made it easier to 
continue to work in the city. It also allowed for population expansion 
outward.
  Mr. President the impact of the Ohio & Erie Canal corridor on 
northeast Ohio was, to say the least, extraordinary. In effect it 
shaped the cultural soul and diversity of the area. Today, Cleveland, 
Akron, and Canton combine to form this Nation's 12th largest population 
center. The natural and cultural history of the region is recorded 
within the Ohio & Erie Canal corridor.
  In 1990 the National Park Service was asked by Congress to study the 
Ohio & Erie Canal corridor with an eye toward guiding decisions 
concerning the corridor. That study, ``a route to prosperity,'' was 
released in September 1993 and concluded that the area was indeed 
worthy of preservation and protection, and is appropriate for inclusion 
as an affiliated unit of the National Park Service.

  Mr. President, this bill is the next step in preserving and 
protecting this treasured corridor. The region has recently witnessed a 
reenergized effort in support of preservation. This legislation would 
promote a strong partnership among local communities and the State and 
Federal governments in developing the canal project.
  This bill would establish a 21-member commission charged with 
developing a management plan for the area. It would require a dollar-
for-dollar match of any Federal funding provided. In short, it is the 
support of the local communities and business interests that will make 
this project a reality, not Federal funding. This grassroots support 
has proven essential in the establishment of America's three existing 
national heritage corridors in Illinois, Pennsylvania, and 
Massachusetts.
  Mr. President, this corridor offers numerous natural, cultural, 
historical, and recreational features. This legislation would combine 
the assets of the corridor, overwhelming local support, and 
professional preservation expertise.
  It is estimated that over 5 million people live within 1 hour of the 
corridor. The establishment of the canal as a national heritage 
corridor would provide a greater range of recreation options for these 
people and would go far in attracting tourism to the region.
  Mr. President, I look forward to working with my colleagues in 
establishing this Nation's fourth national heritage corridor along the 
Ohio & Erie Canal.
  I ask unanimous consent that a copy of the bill be printed in the 
Congressional Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1818

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ohio & Erie Canal National 
     Heritage Corridor Act of 1994''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) The Ohio & Erie Canal, which opened for commercial 
     navigation in 1832, was the first inland waterway to connect 
     the Great Lakes at Lake Erie with the Gulf of Mexico via the 
     Ohio and Mississippi Rivers and was part of a canal network 
     in Ohio that was one of the most extensive and successful 
     systems in America during a time when canals were essential 
     to the growth of the Nation.
       (2) The Ohio & Erie Canal spurred economic growth in the 
     State of Ohio that took the State from near bankruptcy to the 
     third most economically prosperous State in the Union in just 
     20 years.
       (3) A 4-mile section of the Ohio & Erie Canal was 
     designated a National Historic Landmark in 1966 and other 
     portions of the Ohio & Erie Canal and many associated 
     structures were placed on the National Register of Historic 
     Places.
       (4) In 1974, 19 miles of the Ohio & Erie Canal were 
     declared nationally significant under National Park Service 
     new area criteria with the designation of Cuyahoga Valley 
     National Recreation Area.
       (5) The National Park Service determined that the Ohio & 
     Erie Canal is nationally significant in a 1975 study entitled 
     ``Suitability/Feasibility Study, Proposed Ohio & Erie 
     Canal''.
       (6) A 1993 special resource study of the Ohio & Erie Canal 
     Corridor conducted by the National Park Service entitled ``A 
     Route to Prosperity'' concluded that the corridor is eligible 
     as a National Heritage Corridor, an affiliated unit of the 
     National Park System.
       (b) Purpose.--The purpose of this Act is--
       (1) to preserve and interpret for the educational and 
     inspirational benefit of present and future generations the 
     unique and significant contributions to our national heritage 
     of certain historic and cultural lands, waterways, and 
     structures within the 87-mile Ohio & Erie Canal Corridor 
     between Cleveland and Zoar; and
       (2) to provide a management framework to assist the State 
     of Ohio and its political subdivisions in developing and 
     implementing an integrated Corridor Management Plan and 
     developing policies and programs that will preserve, enhance, 
     and interpret the cultural, historical, natural, recreation, 
     and scenic resources of the corridor.

     SEC. 3. DEFINITIONS.

       For the purposes of this Act--
       (1) the term ``corridor'' means the Ohio & Erie Canal 
     National Heritage Corridor established under section 4;
       (2) the term ``Commission'' means the Ohio & Erie Canal 
     National Heritage Corridor Commission established under 
     section 5; and
       (3) the term ``Corridor Management Plan'' means the 
     management plan developed under section 8.

     SEC. 4. OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR.

       (a) Establishment.--There is established in the State of 
     Ohio the Ohio & Erie Canal National Heritage Corridor.
       (b) Boundaries.--
       (1) In general.--The boundaries of the corridor are 
     generally the route of the Ohio & Erie Canal from Cleveland 
     to Zoar, Ohio, as depicted in the 1993 National Park Service 
     special resources study entitled ``A Route to Prosperity''.
       (2) Detail.--The boundaries shall be specified in detail in 
     the Corridor Management Plan, prepared and approved pursuant 
     to section 7(a).
       (c) Administration.--The corridor shall be administered in 
     accordance with this Act.

     SEC. 5. THE OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR 
                   COMMISSION.

       (a) Establishment.--
       (1) In general.--There is established the Ohio & Erie Canal 
     National Heritage Corridor Commission.
       (2) Responsibilities.--The Commission shall assist Federal, 
     State, and local authorities and the private sector in 
     developing and implementing an integrated management plan for 
     the corridor.
       (b) Membership.--The Commission shall be composed of 21 
     members, including--
       (1) the Director of the National Park Service, ex officio, 
     or a delegate of the Director;
       (2) 2 individuals appointed by the Secretary from 
     recommendations submitted by the Governor of Ohio, who shall 
     be representatives of the Directors of the Ohio Department of 
     Natural Resources and the Ohio Historical Society;
       (3) 8 individuals appointed by the Secretary from 
     recommendations submitted by the county commissioners or 
     county chief executive of the Ohio counties of Cuyahoga, 
     Summit, Stark, and Tuscarawas, of which--
       (A) 4 individuals shall be representatives of the Planning 
     offices of each county; and
       (B) 4 individuals shall represent a municipality in each of 
     the counties;
       (4) 3 individuals appointed by the Secretary from 
     recommendations submitted by the county or metropolitan park 
     boards of the Ohio counties of Cuyahoga, Summit, and Stark;
       (5) 1 individual with knowledge and experience in the field 
     of historic preservation, appointed by the Secretary from 
     recommendations made by the Director of the National Park 
     Service;
       (6) 1 individual with knowledge and experience in the field 
     of historic preservation, appointed by the Secretary from 
     recommendations made by the Ohio Historic Preservation 
     Officer;
       (7) 1 individual who shall be a director of a convention 
     and tourism bureau from within the corridor, appointed by the 
     Secretary from recommendations made by the Director of the 
     Ohio Department of Travel and Tourism; and
       (8) 4 individuals appointed by the Secretary from 
     recommendations submitted by the Greater Cleveland Growth 
     Association, the Akron Regional Development Board, the Stark 
     Development Board, and the Tuscarawas County Chamber of 
     Commerce, who shall represent business and industry in each 
     of the 4 counties.
       (c) Period of Appointment.--
       (1) In general.--Except as provided in paragraph (2), 
     members of the Commission shall be appointed for terms of 3 
     years and may be reappointed after the expiration of each 
     term.
       (2) Initial appointments.--The Secretary shall appoint the 
     initial members of the Commission not later than 6 months 
     after the date of enactment of this Act. Of the members first 
     appointed--
       (A) the members appointed pursuant to subsection (b)(3)(B) 
     shall be appointed to a term of 2 years and may not be 
     reappointed to a consecutive term;
       (B) the member appointed pursuant to subsection (b)(7) 
     shall be appointed to a term of 2 years and may not be 
     reappointed to a consecutive term; and
       (C) the members appointed pursuant to subsections (b)(5) 
     and (b)(8) shall be appointed to a term of 2 years and may be 
     reappointed.
       (d) Vacancies.--
       (1) In general.--Except as provided in paragraph (2), a 
     vacancy in the Commission shall be filled in the manner in 
     which the original appointment was made.
       (2) Limitations.--Any member appointed to fill a vacancy 
     occurring before the expiration of the term for which the 
     predecessor of such vacancy was appointed shall be appointed 
     only for the remainder of such term. Any member of the 
     Commission appointed for a definite term may serve after the 
     expiration of the term until a successor has taken office.
       (e) Personnel Matters.--
       (1) Compensation of members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall serve without compensation. Each member of the 
     Commission who is an officer or employee of the Federal 
     Government shall serve without compensation in addition to 
     that received for their service as officers or employees of 
     the Federal Government.
       (2) Travel expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for persons employed 
     intermittently in the Government service under section 5703 
     of title 5, United States Code.
       (f) Chairperson.--The members of the Commission shall elect 
     a Chairperson from among the members of the Commission. The 
     Chairperson shall serve in such capacity until the expiration 
     of the term of the member elected as Chairperson.
       (g) Quorum.--Eleven members of the Commission shall 
     constitute a quorum. The affirmative vote of not less than 11 
     members of the Commission shall be required to approve the 
     budget of the Commission.
       (h) Meetings.--The Commission shall meet at least quarterly 
     at the call of the chairperson or 11 of its members. Meetings 
     of the Commission shall be subject to section 552b of title 
     5, United States Code (relating to open meetings).
       (i) Staff.--
       (1) In general.--The Commission may, without regard to 
     civil service laws and regulations, appoint and fix the 
     compensation of such staff as may be necessary to enable the 
     Commission to carry out its duties. The Commission shall 
     appoint a Director and such specialists the Commission 
     considers necessary or appropriate in such areas as planning, 
     community development, interpretive services, historic 
     preservation, recreation, natural resources, commerce and 
     industry, education, financing, and public relations.
       (2) Compensation.--The Commission may fix the compensation 
     of the Director and other personnel without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that no 
     individual so appointed may receive pay in excess of the 
     annual rate payable for grade GS-15 of the General Schedule.
       (j) Experts and Consultants.--Subject to such rules as may 
     be adopted by the Commission, the Commission may procure 
     temporary and intermittent services under section 3109(b) of 
     title 5, United States Code, at rates determined by the 
     Commission to be reasonable.
       (k) Detail of Government Employees.--Upon request of the 
     Commission, the head of any Federal agency may detail, on a 
     reimbursable basis, the personnel of such agency to the 
     Commission to assist the Commission in carrying out its 
     duties. The Commission may accept the services of personnel 
     detailed from the State of Ohio, and any political 
     subdivision thereof, and may reimburse the State or political 
     subdivision for the services.
       (l) Administrative Support.--The Administrator of General 
     Services shall provide such administrative support services 
     as the Commission may request, on a reimbursable basis.

     SEC. 6. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission may, for the purpose of 
     carrying out this Act, hold such hearings, sit and act at 
     such times and places, take such testimony, and receive such 
     evidence, as the Commission considers appropriate. The 
     Commission may not issue subpoenas or exercise subpoena 
     authority.
       (b) Bylaws.--The Commission may make such bylaws, rules, 
     and regulations, consistent with this Act, as it considers 
     necessary to carry out its functions under this Act.
       (c) Powers of Members and Agents.--Any member or agent of 
     the Commission, if so authorized by the Commission, may take 
     any action which the Commission is authorized to take by this 
     Act.
       (d) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (e) Use of Funds To Obtain Money.--The Commission may use 
     its funds to obtain money from any source under any program 
     or law requiring the recipient of such money to make a 
     contribution in order to receive such money.
       (f) Retaining Revenues.--The Commission may retain revenue 
     from the sale or lease of any goods or services.
       (g) Gifts.--Except as provided in subsection (h), the 
     Commission may, for the purposes of carrying out its duties, 
     seek, accept, and dispose of gifts, bequests, or donations of 
     money, personal property, or services, received from any 
     source. For purposes of section 170(c) of the Internal 
     Revenue Code of 1986, any gift to the Commission shall be 
     deemed to be a gift to the United States.
       (h) Acquisition and Disposition of Real Property.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the Commission may not acquire real property, or 
     interests in real property, in the corridor.
       (2) Conditions for acquisition.--Subject to paragraph (3), 
     the Commission may acquire real property, or interests in 
     real property, in the corridor--
       (A) by gift or devise;
       (B) by purchase from a willing seller using donated or 
     appropriated land acquisition funds; or
       (C) by exchange.
       (3) Conveyance.--Any real property or interest in real 
     property acquired by the Commission under paragraph (2) shall 
     be conveyed by the Commission to an appropriate public agency 
     or private nonprofit organization, as determined by the 
     Commission--
       (A) as soon as practicable after such acquisition; and
       (B) on the condition that the real property or interest in 
     real property limits use of the property to uses consistent 
     with the purpose of this Act.
       (4) Disposal of property.--The Commission may with approval 
     of the Secretary, sell any real property or interest in real 
     property pursuant to subparagraphs (A) and (B) of paragraph 
     (2) and retain the revenue from the sale.
       (i) Cooperative Agreements and Technical Assistance.--For 
     the purposes of implementing the Corridor Management Plan, 
     the Commission may enter cooperative agreements with, or 
     provide technical assistance to, Federal agencies, the State 
     of Ohio, political subdivisions of the State, corporations, 
     and persons. Any such cooperative agreement shall, at a 
     minimum, establish procedures for providing notice to the 
     Commission of any action proposed by Federal agencies, the 
     State of Ohio, any political subdivision of the State, any 
     corporations, or any such person which may affect the 
     implementation of the Corridor Management Plan.
       (j) Loans and Grants.--Consistent with the purposes of this 
     Act, the Commission may make loans and grants to the State of 
     Ohio, political subdivision of the State, corporations, or 
     persons, from appropriated funds or from funds donated or 
     otherwise made available to the Commission. The Commission 
     shall provide advice and assistance in preparation of loan or 
     grant applications to the Commission and applications for 
     loans or grants from other Federal or non-Federal sources in 
     furtherance of this Act. Any loan made under this subsection 
     shall be for a term expiring before the termination of the 
     Commission.
       (k) Technical Advisory Groups.--Not later than 1 year after 
     the date on which the Commission holds its first meeting, the 
     Commission shall establish public technical advisory groups 
     to assist the Commission in carrying out its duties in the 
     areas of economic development, historic preservation, natural 
     resources, tourism, recreation and open space, and 
     transportation. The Commission may establish additional 
     technical advisory groups as needed to carry out its duties.
       (l) Local Authority and Private Property Not Affected.--
     Nothing in this Act shall be construed to affect or to 
     authorize the Commission to interfere with--
       (1) the rights of any person with respect to private 
     property; or
       (2) any local zoning ordinance or land use plan of the 
     State of Ohio or a political subdivision of such State.

     SEC. 7. DUTIES OF THE COMMISSION.

       (a) Corridor Management Plan.--
       (1) Period for development.--Not later than 18 months after 
     the date on which the Commission conducts its first meeting, 
     the Commission shall submit a management plan for the 
     corridor to the Secretary and the Governor of Ohio for review 
     and approval.
       (2) Technical assistance.--The Secretary shall, upon 
     request of the Commission, provide assistance to the 
     Commission in the preparation and implementation of the plan.
       (3) Plan requirements.--The plan shall take into 
     consideration State, county, and local plans existing on the 
     date on which the plan is prepared, and public involvement. 
     The plan shall--
       (A) provide an inventory that includes any property in the 
     corridor that should be preserved, restored, managed, 
     developed, or maintained because of its natural, cultural, 
     historic, recreational, or scenic significance;
       (B) provide an analysis of current and potential land uses 
     within the corridor that affect the character of the 
     corridor;
       (C) determine the boundaries of the corridor based on the 
     information collected pursuant to subparagraphs (A) and (B);
       (D) establish standards and criteria applicable to the 
     construction, preservation, restoration, alteration, and use 
     of significant properties within the corridor;
       (E) include a heritage interpretation plan to interpret the 
     resources and values of the corridor, and provide for 
     appropriate educational, recreational, and tourism 
     opportunities and development;
       (F) contain policies for land use management that consider 
     and detail the application of appropriate land and water 
     management techniques not limited to local zoning, use of 
     easements, and intergovernmental cooperative agreements, so 
     as to protect and enhance the historic, cultural, natural, 
     scenic, and recreational resources of the corridor in a 
     manner consistent with supporting economic development 
     efforts;
       (G) include a public access and transportation plan that 
     integrates corridor resources within and outside corridor 
     boundaries;
       (H) contain a coordination and consistency component which 
     details the way in which local, State, and Federal programs 
     will be coordinated to promote the purposes of this Act; and
       (I) contain a Federal, State, and local government 
     implementation plan that includes cost estimates, schedules, 
     and a commitment of resources for its accomplishment.
       (b) Approval of the Plan by Secretary.--
       (1) In general.--Not later than 90 days after receiving the 
     plan from the Commission, the Secretary shall approve or 
     disapprove a plan submitted under subsection (a).
       (2) Criteria for decision.--The Secretary shall approve a 
     plan only if the Secretary finds that the plan, if 
     implemented, would adequately protect the significant 
     natural, cultural, historic, recreational, and scenic 
     resources of the corridor.
       (3) Factors relating to approval.--In determining whether 
     or not to approve the plan, the Secretary shall consider 
     whether--
       (A) the Commission has afforded adequate opportunity for 
     public involvement in the preparation of the plan; and
       (B) adequate assurances have been received from State and 
     local government officials that the implementation program 
     identified in the plan will be initiated within a reasonable 
     time after the date of approval of the plan and such program 
     will ensure effective implementation of the Federal, State, 
     and local aspects of the plan.
       (4) Disapproval.--
       (A) In general.--If the Secretary disapproves the plan, the 
     Secretary shall advise the Commission, in writing, of the 
     reasons for the disapproval, and shall make recommendations 
     for revisions.
       (B) Resubmission.--Not later than 6 months after the 
     Commission receives notice of disapproval, the Commission 
     shall resubmit the plan to the Secretary, who shall approve 
     or disapprove the plan as revised in accordance with 
     paragraphs (1) through (3).
       (c) Priority Actions Under Implementation of the Plan.--
       (1) In general.--After approval of the plan under 
     subsection (b), the Commission shall give priority to actions 
     that--
       (A) preserve and enhance the significant cultural and 
     natural resources of the corridor;
       (B) promote and provide educational, interpretive, and 
     recreational opportunities consistent with the resources and 
     associated values of the corridor; and
       (C) support public and private efforts in economic 
     development that contribute to the goals of the plan.
       (2) Actions described.--Priority actions to be carried out 
     under paragraph (1) include--
       (A) assisting the State and political subdivisions and the 
     private sector preserve and enhance the Ohio & Erie Canal and 
     related resources;
       (B) assisting the State and political subdivisions and the 
     private sector in appropriate treatment of historic 
     districts, sites, buildings, structures, and objects listed 
     or eligible for listing on the National Register of Historic 
     Places;
       (C) assisting the State and political subdivisions and the 
     private sector design, construct, and maintain appropriate 
     visitor use facilities, interpretive exhibits, tour routes 
     and coordinated signs through the corridor;
       (D) assisting in the enhancement of public awareness and 
     appreciation for historical, cultural, natural, recreational, 
     and scenic resources and associated values of the corridor;
       (E) encouraging the conservation of natural resources and 
     historic and scenic landscapes;
       (F) encouraging enhanced recreational opportunities and 
     economic development in the corridor in furtherance of the 
     goals of the plan; and
       (G) encouraging local governments to adopt policies 
     consistent with the goals of the plan and to take actions to 
     implement the policies.
       (d) Annual Reports.--
       (1) Commission.--The Commission shall submit an annual 
     report to the Secretary setting forth its expenses and income 
     and the entities to which any loans and grants were made 
     during the year for which the report is made.
       (2) Secretary.--The Secretary shall submit an annual report 
     to Congress describing the loans, grants, and technical 
     assistance provided under this Act. The report shall specify 
     the amount, recipient, and purpose of any loan, grant, or 
     technical assistance so provided and shall include an 
     analysis of the adequacy of actions taken during the previous 
     year to preserve, protect, enhance, and interpret the 
     significant sites, buildings, structures, and objects with 
     the area, as well as the anticipated funds and personnel to 
     be made available by the Secretary during the next fiscal 
     year to implement this Act.

     SEC. 8. TERMINATION OF THE COMMISSION.

       (a) Termination.--Except as provided in subsection (b), the 
     Commission shall terminate on the date that is 20 years after 
     the date of the enactment of this Act. Any property or funds 
     of the Commission remaining upon the expiration of the 
     Commission shall be transferred by the Commission to the 
     United States, to a State or local government agency, to a 
     private nonprofit organization referred to in section 
     501(c)(3) of the Internal Revenue Code of 1986 which is 
     exempt from income taxes under section 501(a) of such Code, 
     or to any combination of the foregoing.
       (b) Extensions.--The Commission may be extended for a 
     period of not more than 5 years beginning on the date 
     referred to in subsection (a) if, not later than 180 days 
     before such date--
       (1) the Commission determines such extension is necessary 
     in order to carry out this Act;
       (2) the Commission submits the proposed extension to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resource of the Senate before the termination date; and
       (3) the Secretary and the Governor of the State of Ohio 
     each approve such extension.

     SEC. 9. DUTIES OF THE SECRETARY.

       (a) Technical Assistance.--The Secretary may, upon request 
     of the Commission, provide technical assistance to the 
     Commission for--
       (1) establishing guidelines and standards to protect, 
     preserve, enhance, and interpret the cultural and natural 
     resources of the corridor; and
       (2) general administrative support in planning, finance, 
     personnel, procurement, property management, environmental 
     and historical compliance, and land acquisition.
       (b) Assistance of the Cuyahoga Valley National Recreation 
     Area.--
       (1) In general.--Upon request of the Commission, and 
     subject to the availability of funds directly appropriated 
     for this purpose, or made available on a reimbursable basis, 
     the Secretary shall provide technical, financial, 
     development, and operations assistance through the Cuyahoga 
     Valley National Recreation Area. Such assistance may 
     include--
       (A) administrative support, such as office space and 
     equipment;
       (B) personnel;
       (C) planning and design services for visitor use 
     facilities, trails, interpretive exhibits, publications, 
     signs, and natural resource management;
       (D) development and construction assistance, including 
     visitor use facilities, trails, excursion passenger rail 
     facilities, river use and access facilities, scenic byways, 
     signs, waysides, and rehabilitation of historic structures; 
     and
       (E) operations functions, including interpretation and 
     visitor services, maintenance, natural resource management, 
     and law enforcement services conducted within the boundaries 
     of the corridor.
       (2) Cooperative agreements.--For the purposes of providing 
     assistance under paragraph (1), the Secretary may enter into 
     cooperative agreements with any Federal, State, or local 
     agency, corporation, or person.
       (c) Land Transfers.--The Secretary may accept transfers of 
     real property from the Commission within the boundaries of 
     the corridor as established in the Corridor Management Plan. 
     Property outside the legislated boundaries of the Cuyahoga 
     Valley National Recreation Area that is transferred to the 
     National Park Service by the Commission shall be added to and 
     administered as part of the Cuyahoga Valley National 
     Recreation Area.

     SEC. 10. DUTIES OF OTHER FEDERAL ENTITIES.

       Any Federal entity conducting or supporting activities 
     directly affecting the corridor and any entity of the State 
     of Ohio or a political subdivision of the State of Ohio 
     acting pursuant to a grant of Federal funds or a Federal 
     permit or agreement supporting such activities, shall--
       (1) consult with the Secretary and the Commission appointed 
     for the corridor with respect to such activities;
       (2) cooperate with the Secretary and the Commission in 
     carrying out their duties under this Act and, to the maximum 
     extent practicable, coordinate such activities; and
       (3) conduct or support such activities in a manner which 
     the Commission determines will not have an adverse effect on 
     the corridor.

     SEC. 11. COST SHARE.

       (a) Federal Share.--The Federal share of the funding 
     provided to the Commission to carry out this Act may not 
     exceed 50 percent of the total cost of--
       (1) the annual administrative expenditures of the 
     Commission;
       (2) the annual development expenditures of the Commission 
     to implement the Corridor Management Plan; and
       (3) the annual land acquisition expenditures of the 
     Commission.
       (b) Non-Federal Share.--The non-Federal share of the 
     funding of the Commission may be in the form of cash, 
     services, or in-kind contributions, fairly valued.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     the Commission--
       (1) for the administrative expenses of the Commission, 
     $400,000 per year;
       (2) for planning, design, construction, grants, and loans 
     to implement the approved Corridor Management Plan, 
     $1,500,000 per year, to remain available until expended; and
       (3) for the acquisition of real property consistent with 
     the implementation of the Corridor Management Plan, subject 
     to section 7(b), $250,000 per year, to remain available until 
     expended.
       (b) Limitation.--No amount shall be expended prior to the 
     date on which the Secretary approves the Corridor Management 
     Plan, except that the Commission may expend funds prior to 
     such time for--
       (1) an 87-mile multiple use trail connecting Cleveland and 
     Zoar, Ohio;
       (2) 2 Heritage Visitor Centers located proximate to the 
     route of the Ohio and Erie Canal between Cleveland and Zoar;
       (3) excursion passenger rail facilities for the Cuyahoga 
     Valley National Recreation Area provided by the nonprofit 
     Cuyahoga Valley Scenic Railroad along rail routes connecting 
     Cleveland and Zoar;
       (4) the rehabilitation of sites, structures, and buildings 
     listed or eligible for listing on the National Register of 
     Historic Places that are located proximate to the route of 
     the Ohio and Erie Canal and that may be threatened with loss 
     or demolition; and
       (5) acquisition of property, only if such property is 
     proximate to the route of the Ohio & Erie Canal and is 
     threatened by inappropriate development or treatment.
                                  ____

 Mr. GLENN. Mr. President, I am pleased to join my colleague, 
Senator Metzenbaum, in introducing the Ohio and Erie Canal National 
Heritage Corridor Act. This legislation will designate an 87-mile 
section of the canal between Cleveland and Zoar as a national heritage 
corridor.
  In fiscal year 1991, Congress appropriated $175,000 for the National 
Park Service to study the Ohio and Erie Canal Corridor. This study 
analyzed the national significance of the corridor as well as its 
historical, cultural and recreational resources. The National Park 
Service study which was released in September 1993, concluded that the 
area is suitable and worthy of national preservation and protection.
  Mr. President, the importance of the Ohio and Erie Canal to all 
Americans was recognized in 1966, when a section of the canal in 
Cuyahoga County was designated as a national historic landmark. The 
national importance of another portion of the canal corridor was 
recognized with the authorization of the Cuyahoga Valley National 
Recreation Area in 1974.
  This legislation will establish a 21-member commission to develop a 
management plan for the corridor. Representatives from the Ohio 
Department of Natural Resources, the National Park Service, the Ohio 
Historical Society, the four county governments, and the local business 
communities would serve on the commission. A number of activities are 
already underway at the local level, and the National Heritage Corridor 
Act will serve as a mechanism to coordinate these activities. For 
example, the Cuyahoga Valley National Recreation Area Towpath Trail and 
Cuyahoga Valley Line Railroad are providing trail and rail 
opportunities, and other communities are engaging in master planning 
projects to focus specifically on their resources. Federal legislation 
will encourage a regional approach for resource management in the area.
  Mr. President, the Ohio and Erie Canal played a major role in our 
Nation's economic growth and industrial development. I urge my 
colleagues to join Senator Metzenbaum and me in supporting the Ohio and 
Erie Canal National Heritage Corridor Act.
                                 ______

      By Mrs. KASSEBAUM (for herself and Mr. Dole):
  S. 1819. A bill to prohibit any Federal department or agency from 
requiring any State, or political subdivision thereof, to convert 
highway signs to metric units; to the Committee on Environment and 
Public Works.


                       metric mandate relief act

  Mrs. KASSEBAUM. Mr. President, today I am introducing legislation 
that would prohibit Federal agencies from requiring State and local 
governments to convert highway signs to metric units. Congressman 
Roberts has introduced companion legislation in the House of 
Representatives.
  Currently, the Federal Highway Administration is considering 
proposals to convert our Nation's highway signs from English to metric. 
I oppose these measures and believe that sign conversion would do 
little more than create confusion for motorists and place yet another 
unfunded Federal mandate on financially strapped State and local 
governments.
  The confusion that such a change would bring is evident. Today, 
millions of American motorists, myself included, are not familiar with 
the metric system. Some may see this fact as a reason to convert 
highway signs. I disagree and believe that if we are to push metric 
education, those efforts should begin in the classroom rather than on 
already dangerous highways.
  In addition highway sign conversion would further burden State and 
local governments with another unfunded Federal mandate. The 1994 
Highway Appropriations Act prohibits the use of Federal aid funds for 
highway sign conversion. Given the reluctance of Congress to fund sign 
conversion, State and local governments would be forced to pick up the 
tab. This translates into fewer dollars for other highway projects.
  Mr. President, some may view this legislation as an attempt to throw 
ongoing metric conversion efforts into reverse. That is not the case. 
This bill would not affect any effort that Government agencies are are 
taking in accordance with the Omnibus Trade and Competitiveness Act of 
1988 and Executive Order 12770, which designate the metric system as 
the preferred system for U.S. trade and commerce and require all 
Federal Government agencies to use metric units in procurements, 
grants, and other business-related activities.
  My goal is not to hinder these efforts. I believe that using metrics 
in business-related activities of the Federal Government can be 
beneficial. However, it is one thing to require the Government experts 
who deal with plans and specifications to use metric units. It is quite 
another to expect American motorists to learn the system as they motor 
down our Nation's highways, especially when this course in metrics may 
cost them other highway projects.
  Mr. President, I firmly believe that this measure will save American 
drivers unnecessary headaches and State and local governments millions 
of dollars. I urge my colleagues to adopt it.
  Mr. DOLE. Mr. President, I fully endorse and support my Kansas 
colleague, Senator Kassebaum, in this action to prohibit the Federal 
Government from requiring States to convert highway signs to the metric 
system.
  Mr. President, here is an example of Federal intrusion at its worst. 
If one were to look for a mandate that makes less sense than this one, 
we would all be looking for a long, long time.
  I have been contacted by dozens of Kansas citizens who have 
discovered this mandate. Although the Appropriations Committee has 
taken action in the past to block the use of Federal highway funds by 
States to achieve metric conversion, apparently it is the 
interpretation of the Federal Highway Administration that legislation 
adopted in 1975 and later, amended in 1988 still requires the United 
States to convert to the metric system. It is my understanding that 
FHWA does have the option to reject this conversion based upon 
excessive cost and the hardship it may cause. However, I agree with 
Senator Kassebaum, we should not needlessly spend millions of taxpayer 
dollars and force the States to convert to the metric system.
                                 ______

      By Mrs. BOXER:
  S. 1820. A bill to amend the Export Administration Act of 1979 with 
respect to export controls on computers; to the Committee on Banking, 
Housing, and Urban Affairs.


      computer equipment and technology export control reform act

 Mrs. BOXER. Mr. President, I am pleased to introduce today the 
Computer Equipment and Technology Export Control Reform Act.
  U.S. export controls are necessary to contain the spread of weapons 
and to prevent terrorists from obtaining technology that could threaten 
this Nation's security. We can all agree on that.
  But, at the same time, these controls should not unnecessarily 
undermine highly competitive and growing California industries, such as 
our computer and computer equipment makers. Over 280,000 Californians 
are employed by businesses that make computers, software and other 
computer equipment. Nationwide, these companies exported over $52.8 
billion in goods last year.
  To promote economic growth and job creation in California, we must 
support, not inhibit, this growing, export-oriented sector. Out-of-date 
and ineffective controls on computers and computer equipment serve as a 
costly barrier in the global battle for export markets.
  The Clinton administration recognized this in its recent Trade 
Promotion Coordinating Committee [TPCC] report. In this report, the 
administration noted that the U.S. economy lost 10 to 20 billion 
dollars' worth of exports each year and as many as 400,000 jobs because 
of the Federal export control regime. To boost exports and stimulate 
economic growth, the administration proposed raising the computer 
control threshold from 12.5 MTOPS to 500 MTOPS, and the supercomputer 
threshold from 195 MTOPS to 2,000 MTOPS. I congratulate the 
administration for its foresight and understanding of the needs of this 
important California industry.
  These reforms were an important first step. But, we need to be sure 
that we do not put California's computer makers behind the 8-ball 
again.
  My bill, the Computer Equipment and Technology Control Reform Act, 
will ensure that U.S. controls on the export of computers and computer 
equipment will keep pace with the worldwide spread of computer 
technology and the rapid speed of technological change. My bill 
requires the Secretary of Commerce to review annually export controls 
on computers, software and other computer equipment. In this review, 
the Secretary must identify the objectives of the controls, the level 
of technology that would defeat these objectives, the economic impact 
of the controls, and the level of technology that is widely available 
now, and will be available in the coming year, in the international 
marketplace. The Secretary would be required to increase the levels at 
which technologies are controlled in accordance with the findings of 
the review.
  The act also attempts to better focus U.S. controls on those items 
that can be controlled by allowing computers worth less than $5,000 and 
mass-market computers and equipment to be shipped without prior 
licensing approval. Widely available consumer products will no longer 
be caught in the time-consuming and costly licensing net.
  Finally, the act requires the Secretary to publish the publicly-known 
names of foreign purchasers that may be involved in proliferation 
activities. This will enhance the ability of our exporters to avoid 
foreign purchasers that may be a threat to our Nation's security.
  With the Computer Equipment and Technology Control Reform Act, we 
will have an export control regime that is more rational, more 
efficient, and more predictable. Computers and technology that should 
be controlled will be controlled. And, computers and technology that 
should not be subject to time-consuming and costly controls, will be 
freed from unnecessary licensing requirements through a reasonable 
review process.
  Freeing California's computer, software and computer equipment makers 
from unnecessary licensing restrictions will lead to more exports. 
Increasing California's exports means more jobs for Californians and a 
stronger California economy.
  The Computer Equipment and Technology Control Reform Act has been 
introduced in the other body by my good friend, Congressman Don 
Edwards. I look forward to working with him and my colleagues in this 
body to enact this important export control reform bill.
  I ask unanimous consent that the text of the bill and a summary be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1820

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION. 1. SHORT TITLE.

       This Act may be cited at the ``Computer Equipment and 
     Technology Export Control Reform Act''.

     SEC. 2. ANNUAL REVIEW OF CONTROLS ON COMPUTERS.

       Section 4 of the Export Administration Act of 1979 (50 
     U.S.C. App. 2403) is amended by adding at the end the 
     following new subsection:
       ``(h) Review of Export Controls on Computer Equipment and 
     Technology.--
       ``(1) In General.--In order to ensure that requirements of 
     validated licenses and other licenses authorizing multiple 
     exports are periodically removed as computer equipment, 
     computer communications and networking equipment, computer 
     software, and related technology, that are subject to such 
     requirements become obsolete with respect to the specific 
     objectives of the export controls requiring such licenses, 
     the Secretary shall conduct periodic reviews of such 
     controls. The Secretary shall complete such a review not 
     later than 6 months after the date of the enactment of this 
     subsection, and not later than the end of each 1-year period 
     thereafter.
       ``(2) Review Elements.--In conducting each review under 
     paragraph (1), the Secretary shall do the following with 
     respect to the export controls requiring a license described 
     in paragraph (1):
       ``(A) Objectives of Control.--The Secretary shall identify 
     the specific objectives of the export controls, for the 12-
     month period beginning on the date on which the review is 
     completed, for each country for which a validated license is 
     required. When an objective of an export control is to defer 
     the development of a specific capability in such country, the 
     Secretary shall specify for what period of time the controls 
     are expected to defer such capability.
       ``(B) Quantity and Performance.--The Secretary shall 
     estimate, for the 12-month period described in subparagraph 
     (A), the quantity and performance (measured in Composite 
     Theoretical Performance or other relevant performance 
     metrics) of computer systems that must be obtained by each 
     country for which a validated license is required in order to 
     defeat the objectives of the export controls.
       ``(C) Availability to Controlled Destinations.--The 
     Secretary shall evaluate the effectiveness of the export 
     controls in achieving their specific objectives, including 
     explicit descriptions of the availability, during the 12-
     month period described in subparagraph (A), to controlled 
     countries of computer equipment, computer communications and 
     networking equipment, computer software, and related 
     technology on which the export controls are in effect--
       ``(i) from sources that do not control the export of such 
     items, and from sources from which no effective export 
     controls on such items exist;
       ``(ii) as a result of actual or potential diversion, 
     including potential diversion of software over international 
     computer or telephone networks;
       ``(iii) as a result of export license authorizations from 
     countries other than the United States;
       ``(iv) as a result of indigenous production in controlled 
     countries; and
       ``(v) as a result of United States regulations permitting 
     exports to such countries of items with minimal United States 
     content by value.
       ``(D) Economic impact.--The Secretary shall evaluate the 
     economic impact, during the 12-month period described in 
     subparagraph (A), of the export controls on exporting 
     companies, including estimates of lost sales, loss in market 
     share, and administrative overhead.
       ``(3) Increase in thresholds.--After completing each review 
     under this subsection, the Secretary shall increase, if 
     warranted by the findings of the review, the following export 
     control thresholds, consistent with the obligations of the 
     United States under bilateral and multilateral agreements:
       ``(A) The performance levels at which computer systems are 
     eligible for delivery under a distribution license.
       ``(B) The performance levels at which computer systems may 
     be shipped under a general license to countries other than 
     controlled countries.
       ``(C) The performance levels defining a `supercomputer'.
       ``(D) The performance levels at which a validated license 
     is required for the export to a controlled country of 
     computer systems and peripherals, software, parts, and 
     communications equipment normally supplied with such computer 
     systems.

     In any recommendation or publication for such increase, the 
     Secretary shall include the specific rationale for the 
     increase.
       ``(4) Default provisions.--If on the date by which a review 
     under this subsection must be completed, the review is not 
     completed or a report on the review has not been transmitted 
     to the Congress under paragraph (5), the performance levels 
     described in paragraph (3) then in effect, stated in terms of 
     Composite Theoretical Performance or other relevant 
     performance metrics, shall double, effective 90 days from 
     that date. No change in regulations or notice in the Federal 
     Register shall be required to implement such increase in 
     performance levels.
       ``(5) Report.--The Secretary shall transmit to the Congress 
     and to the Computer Systems Technical Advisory Committee (or 
     successor technical advisory committee) a report on the 
     findings of each review conducted under this subsection, 
     addressing each requirement set forth in paragraph (2). 
     Within 60 days thereafter, the Computer Systems Technical 
     Advisory Committee (or successor technical advisory 
     committee) shall transmit to the Congress a concise statement 
     specifying its concurrence or nonconcurrence with each matter 
     contained in the Secretary's report, along with specific 
     reasons for such concurrence or nonconcurrence.
       ``(6) Hearings.--The Secretary shall conduct public 
     hearings not less than once each year in order to solicit 
     information from all interested parties on all matters to be 
     addressed in each review conducted under this subsection.''.

     SEC. 3. DE MINIMUS DECONTROL OF COMPUTER SYSTEMS.

       Section 4 of the Export Administration Act of 1979 (50 
     U.S.C. App. 2403) is amended by adding at the end the 
     following new subsection:
       ``(i) Removal of Controls on Computer Systems Valued at 
     Less Than $5,000.--
       ``(1) In general.--No validated license shall be required 
     under this Act for the export or reexport to any controlled 
     country of any digital computer having a net value of less 
     than $5,000.
       ``(2) Definition of net value.--As used in paragraph (1), 
     the `net value' of a digital computer means the actual 
     selling price of the computer, less transport charges, to the 
     customer abroad, or the current market price of the computer 
     to the same type of customer in the United States.
       ``(3) No quantity limit.--No limit may be placed under this 
     Act on the number of computer systems to which paragraph (1) 
     applies that may be exported or reexported at any one time or 
     on the number of shipments of such computer systems to any 
     controlled country or end-user in a controlled country.''.

     SEC. 4. DECONTROL OF MASS-MARKET COMPUTER EQUIPMENT.

       Section 4 of the Export Administration Act of 1979 (50 
     U.S.C. App. 2403) is amended by adding at the end the 
     following new subsection:
       ``(j) Removal of Controls on Mass-Market Computer 
     Equipment.--
       ``(1) Mass-market computer equipment defined.--For purposes 
     of this subsection, the term `mass-market computer equipment' 
     means any computer system, computer networking equipment, 
     peripheral to a computer system, part or subassembly of a 
     computer system, or combination thereof, on which export 
     controls are in effect under this Act, and which will have 
     been installed for end-use outside the United States in a 
     quantity exceeding 100,000 units over a 12-month period, as 
     determined under paragraph (2).
       ``(2) Anticipatory review of mass-market computer 
     equipment.--Not later than--
       ``(A) 6 months after the date of the enactment of this 
     subsection, and
       ``(B) the end of each 1-year period occurring thereafter,
     the Secretary shall, in consultation with the Computer 
     Systems Technical Advisory Committee (or successor technical 
     advisory committee), industry groups, and computer equipment 
     producers, identify those items (including computer systems 
     differentiated in terms of Composite Theoretical Performance) 
     that will be installed for end-use outside the United States 
     in a quantity exceeding 100,000 units during the 12-month 
     period beginning on the applicable date described in 
     subparagraph (A) or (B). Estimates of numbers of items 
     installed shall be based on reliable estimates provided by 
     producers of such items.
       ``(3) Action by the secretary.--Not later than 30 days 
     after an item is determined by the Secretary under paragraph 
     (2) to be mass-market computer equipment, the Secretary shall 
     either--
       ``(A) eliminate export controls on such equipment and 
     publish a notice of such action in the Federal Register; or
       ``(B) in the case of an item controlled under the terms of 
     an export control regime in which the United States 
     participates with 1 or more other countries, propose the 
     elimination of controls on such equipment in accordance with 
     the procedures of the appropriate regime and publish a notice 
     of such proposal in the Federal Register.''.

     SEC. 5. IDENTIFICATION OF PROLIFERATION END-USERS.

       Section 4 of the Export Administration Act of 1979 (50 
     U.S.C. App. 2403) is amended by adding at the end the 
     following new subsection:
       ``(k) Identification of Proliferation Endusers.--
       ``(1) Proliferation enduser defined.--For purposes of this 
     subsection, the term `proliferation enduser' means any entity 
     that is engaged, directly or indirectly, in the design, 
     development, or production of nuclear, chemical, or 
     biological weapons or missiles and is located in a country 
     that is not party to a bilateral or multilateral agreement 
     the purpose of which is to limit the spread of such weapons 
     and activities and to which the United States is a party.
       ``(2) Publication of proliferation endusers.--The Secretary 
     shall, within 10 days after communicating to any United 
     States exporter (including by denying an export license to 
     such exporter) that any entity has been identified as a 
     proliferation enduser publish in the Federal Register the 
     name and specific validated license requirements for exports 
     to such proliferation enduser. If such publication is not 
     made, such entity shall be deemed not to be a proliferation 
     enduser and exports or reexports to such entity shall not 
     require an individual validated license solely because of 
     activities described in paragraph (1).''.

      Computer Equipment and Technology Export Control Reform Act


                              BILL SUMMARY

     Section 1. Short title
       The ``Computer Equipment and Technology Export Control 
     Reform Act.''
     Section 2. Annual review of controls on computers
       (1) In General.--In an effort to remove export controls 
     that are obsolete, the Secretary of Commerce must conduct an 
     annual review of export controls on computers, software and 
     other computer equipment.
       (2) Review Elements.--In conducting the annual review, the 
     Secretary of Commerce must look prospectively for 12 months 
     at the following elements:
       (A) Objectives of Control.--The Secretary must identify the 
     objectives of the export controls. If the goal is to prevent 
     or postpone development or acquisition of a technology or 
     capability, then the Secretary must specify the period of 
     time the controls are expected to defer that capability.
       (B) Quantity and Performance.--The Secretary must estimate 
     the number and kind of computer systems that would damage the 
     objectives of the export controls.
       (C) Availability to Controlled Destinations.--The Secretary 
     must look at how widely available the controlled computers, 
     software and other computer equipment are:
       (i) from uncontrolled sources. This means from companies 
     outside of countries that are part of CoCom or other 
     multilateral regimes.
       (ii) because of actual or potential diversion. This means 
     diversion of goods from their intended destination as well as 
     transmission of software over international telephone lines.
       (iii) as a result of a license granted by another country. 
     This means instances where another country has granted a 
     license for shipment, or has unilaterally decontrolled a 
     certain good or technology, or permits shipments without 
     prior approval.
       (iv) as a result of indigenous production. This means those 
     instances where a controlled country has developed the 
     technology.
       (v) as a result of regulations permitting shipment of items 
     with minimal U.S. content value. This means exports that are 
     allowed because they have a minimal amount of U.S. parts.
       (5) Economic Impact.--The Secretary must look at the impact 
     of controls on exporting companies, including lost sales, 
     loss in market share, and administrative overhead.
       (3) Increase in Thresholds.--Based on the findings of the 
     review, the Secretary shall make the appropriate increases in 
     control thresholds for goods eligible for delivery under:
       (A) a distribution license,
       (B) a general license,
       (C) performance levels defining a supercomputer,
       (D) a validated license.
       (4) Default Provisions.--If the review is not completed on 
     an annual basis, then the computer control thresholds will 
     automatically double, effective 90 days from the date that 
     the review should have been completed.
       (5) Report.--The Secretary must transmit to Congress a 
     report on the findings of the review.
       (6) Hearings.--The Secretary must conduct public hearings 
     on an annual basis to collect information for the annual 
     review.
     Section 3. De minimis decontrol of computer systems
       (1) In General.--Computers having a net value of less than 
     $5,000 will not require a validated license for export or 
     reexport.
       (2) Definition of Net Value.--``Net value'' means the 
     actual selling price of the computer, less transport charges 
     to the customer abroad, or the current market price of the 
     computer to the same type of customer.
       (3) No Quantity Limit.--There is no limit on the number of 
     computers worth less than $5,000 that can be exported or 
     reexported without a validated license.
     Section 4. Decontrol of mass-market computer equipment
       (1) Mass-Market Computer Equipment Defined.--``Mass market 
     computer equipment'' is defined as any computer system, 
     computer networking equipment, peripheral to a computer 
     system, or combination thereof that has 100,000 units 
     installed outside the United States over a 12-month period.
       (2) Anticipatory Review of Mass-Market Computer 
     Equipment.--On an annual basis, the Secretary shall identify 
     the computers and computer equipment that, in the next 12 
     months, will have 100,000 units installed outside the United 
     States.
       (3) Action by the Secretary.--If a computer is deemed to be 
     a ``mass market computer,'' the Secretary shall eliminate the 
     controls, or propose the elimination of controls on equipment 
     if the item is controlled under the terms of a multilateral 
     export control regime.
     Section 5. Identification of proliferation end-users
       (1) Proliferation Enduser Defined.--A ``proliferation 
     enduser'' means any entity that is engaged, directly or 
     indirectly, in the design, development or production of 
     nuclear, chemical, or biological weapons or missiles and is 
     located in a country that is not party to a bilateral or 
     multilateral agreement to limit the spread of weapons.
       (2) Publication of Proliferation Endusers.--The Secretary 
     shall publish in the Federal Register the names of any party 
     that has been identified to an exporter as a proliferation 
     end-user.
                                 ______

      By Mr. DASCHLE (for himself, Mr. Bingaman, Mr. Campbell, Ms. 
        Moseley-Braun, Mr. Murkowski, Mr. Wofford, Mr. Inouye, Mrs. 
        Murray, Mr. DeConcini, Mr. Stevens, Mr. Rockefeller, Mr. Reid, 
        Mr. Thurmond, and Mr. Hatch):
  S. 1821. A bill to amend the Public Health Service Act to provide a 
comprehensive program for the prevention of fetal alcohol syndrome, and 
for other purposes; to the Committee on Labor and Human Resources.


        the comprehensive fetal alcohol syndrome prevention act

 Mr. DASCHLE. Mr. President, today I am reintroducing the 
Comprehensive Fetal Alcohol Syndrome Prevention Act, a bill that will 
enhance the national effort to eliminate this tragic disease. Fetal 
alcohol syndrome [FAS] and a related condition known as fetal alcohol 
effect [FAE] constitute the leading cause of mental retardation in the 
United States today. The tragedy of FAS/FAE is that both are completely 
preventable simply by abstaining from the consumption of alcohol during 
pregnancy.
  Unfortunately, many people do not realize the dangers of drinking 
while pregnant. The Office for Substance Abuse Prevention estimates 
that as many as 66 percent of all women drink while they are pregnant, 
endangering their infants' health and putting them at risk of being 
born with FAS or FAE. The National Council on Alcoholism and Drug 
Dependence reports that the number of women who believe it is safe to 
consume up to three drinks per day while they are pregnant may be as 
high as one-third.
  Misconceptions about the impact of alcohol intake during pregnancy 
are not limited to the general public. Even some health care providers 
are unaware of the danger of drinking during pregnancy, and for many 
years it was widely held that moderate alcohol consumption during 
pregnancy was beneficial.
  There are approximately 5,000 children born each year in the United 
States with FAS. It is estimated that the incidence of FAS is as high 
as 1 per 100 in some Native American communities. The Centers for 
Disease Control and Prevention estimate that the lifetime cost of 
treating an individual with FAS is almost $1.4 million. The total cost 
in terms of health care and social services to treat all Americans with 
FAS is close to $1.6 billion each year. This is an extraordinary and 
unnecessary expense, given the fact that FAS is 100-percent 
preventable.
  The first step toward eliminating this devastating disease is raising 
the public's consciousness about FAS/FAE. Although great strides have 
been made in this regard, much more work remains to be done. The 
Comprehensive Fetal Alcohol Syndrome Prevention Act would establish a 
comprehensive program to prevent FAS/FAE across the Nation by filling 
in the gaps in our current FAS/FAE prevention system. I am pleased that 
several provisions of the original bill introduced at the beginning of 
the 103d Congress have been put into place over the past year.
  The measure I am reintroducing today contains four major components, 
representing the provisions of the original legislation that have not 
yet been enacted.
  First, the Comprehensive Fetal Alcohol Syndrome Prevention Act would 
initiate a coordinated education and public awareness campaign to be 
conducted by a range of agencies under the Department of Health and 
Human Services.
  Second, it would support applied epidemiologic research into the 
causes, treatment, and prevention of FAS/FAE. The bill would establish 
grant programs to assist State, local, and tribal governments, 
scientific and academic institutions, and other public entities in 
their efforts in these two areas.
  Third, the bill would provide for the development and implementation 
of a plan to disseminate FAS/FAE diagnostic criteria, developed by the 
Department of Health and Human Services, to health care and social 
services providers and others who come into frequent contact with 
children afflicted by this disease. Finally, it would establish an 
interagency task force to coordinate the wide range of Federal efforts 
in combating FAS/FAE.
  Mr. President, FAS/FAE presents a national problem that reaches 
across economic and social boundaries. The Comprehensive Fetal Alcohol 
Syndrome Prevention Act has been endorsed by over 15 different 
organizations, including the March of Dimes, the Child Welfare League, 
and the American Academy of Family Physicians. The demand for a 
comprehensive and determined response to the devastating problem of 
FAS/FAE is clear. I am hopeful that, with widespread support, we can 
enact this important legislation without delay.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1821

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Comprehensive Fetal Alcohol 
     Syndrome Prevention Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) Fetal Alcohol Syndrome is the leading known cause of 
     mental retardation, and it is 100 percent preventable;
       (2) each year, more than 5,000 infants are born in the 
     United States with Fetal Alcohol Syndrome, suffering 
     irreversible physical and mental damage;
       (3) 50,000 more infants are born each year with lesser, 
     though still serious, alcohol-related birth defects, known as 
     Fetal Alcohol Effects;
       (4) Fetal Alcohol Syndrome is a national problem, it can 
     impact any child, family, or community, but its threat to 
     American Indians and Alaska Natives is especially alarming;
       (5) in some American Indian communities, where alcohol 
     dependency rates reach 50 percent and above, the chances of a 
     newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol 
     Effects are 30 times greater than national averages;
       (6) researchers have determined that the possibility of 
     giving birth to a baby with Fetal Alcohol Syndrome or Fetal 
     Alcohol Effects increases in proportion to the amount and 
     frequency of alcohol consumed by a pregnant woman, and that 
     stopping alcohol consumption at any point in the pregnancy 
     reduces the risks and the emotional, physical, and mental 
     consequences of alcohol exposure to the baby;
       (7) in addition to the immeasurable toll on Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects children and their 
     families, Fetal Alcohol Syndrome and Fetal Alcohol Effects 
     pose extraordinary financial costs to the Nation, including 
     the costs of health care, education, foster care, job 
     training, and general support services for affected 
     individuals;
       (8) as a reliable comparison, delivery and care costs are 
     four times greater for infants who were exposed to illicit 
     substances than for infants with no indication of substance 
     exposure, and over a lifetime, health care costs for one 
     Fetal Alcohol Syndrome child are estimated, to be at least 
     $1,400,000; and
       (9) we know of no safe dose of alcohol during pregnancy, or 
     of any safe time to drink during pregnancy, thus, it is in 
     the best interest of the Nation for the Federal Government to 
     take an active role in encouraging all women to abstain from 
     alcohol consumption during pregnancy.

     SEC. 3. PURPOSE.

       It is the purpose of this Act to establish, within the 
     Department of Health and Human Services, a comprehensive 
     program to help prevent Fetal Alcohol Syndrome and Fetal 
     Alcohol Effects nationwide. Such program shall--
       (1) coordinate and support epidemiologic research 
     concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects;
       (2) coordinate and support national, State, and community-
     based public awareness, prevention, and education programs on 
     Fetal Alcohol Syndrome and Fetal Alcohol Effects; and
       (3) foster coordination among all Federal agencies that 
     conduct or support Fetal Alcohol Syndrome and Fetal Alcohol 
     Effects research, programs, and surveillance and otherwise 
     meet the general needs of populations actually or potentially 
     impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects.

     SEC. 4. ESTABLISHMENT OF PROGRAM.

       Part B of title V of the Public Health Service Act (42 
     U.S.C. 290bb et seq.) is amended by adding at the end thereof 
     the following new subpart:

 ``Subpart 4--Provisions Relating to Fetal Alcohol Syndrome and Fetal 
                            Alcohol Effects

     ``SEC. 520E. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME 
                   PREVENTION PROGRAM.

       ``(a) In General.--The Secretary, acting through the 
     Substance Abuse and Mental Health Services Administration, 
     the National Institutes of Health, the Centers for Disease 
     Control and Prevention, the Indian Health Service, and other 
     relevant offices, shall establish a comprehensive program to 
     help prevent Fetal Alcohol Syndrome and Fetal Alcohol Effects 
     and coordinate Federal efforts to prevent Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects.
       ``(b) Elements of Program.--Under the program established 
     under subsection (a), the Secretary shall establish a program 
     that shall--
       ``(1) coordinate and support national and targeted public 
     awareness, prevention, and education programs on Fetal 
     Alcohol Syndrome and Fetal Alcohol Effects;
       ``(2) coordinate and support applied epidemiologic research 
     concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects;
       ``(3) conduct and support basic research targeted to 
     developing data to improve prevention and treatment of Fetal 
     Alcohol Syndrome and Fetal Alcohol Effects;
       ``(4) develop a plan to disseminate diagnostic criteria to 
     health care and social services providers and carry out that 
     plan; and
       ``(5) establish an Inter-Agency Task Force on Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects, which shall be chaired by 
     the Associate Administrator for Alcohol Prevention and 
     Treatment of the Substance Abuse and Mental Health Services 
     Administration, and which shall include representatives from 
     all relevant agencies and offices within the Department of 
     Health and Human Services (including the Indian Health 
     Service) Department of Agriculture, Department of Education, 
     Department of Defense, Department of the Interior (including 
     the Bureau of Indian Affairs), Department of Justice, Bureau 
     of Alcohol, Tobacco, and Firearms, Federal Trade Commission, 
     and any other relevant Federal Agency.

     ``SEC. 520F. EDUCATION AND PUBLIC AWARENESS.

       ``The Secretary shall direct the appropriate agencies 
     within the Department of Health and Human Services to--
       ``(1) support, conduct and evaluate the effectiveness of--
       ``(A) training programs for health care providers, 
     educators, school-based health care providers, social 
     workers, child welfare workers and family members concerning 
     the prevention, diagnosis, and treatment of Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects;
       ``(B) prevention and education programs, including health 
     education, and school-based clinic programs, for school-age 
     children with respect to Fetal Alcohol Syndrome and Fetal 
     Alcohol Effects; and
       ``(C) public and community awareness programs concerning 
     Fetal Alcohol Syndrome and Fetal Alcohol Effects;
       ``(2) provide technical and consultative assistance to 
     States, Indian tribal governments, local governments, school-
     based health care providers, scientific and academic 
     institutions, and non-profit organizations concerning the 
     programs referred to in paragraph (1); and
       ``(3) award grants to and enter into cooperative agreements 
     and contracts with States, Indian tribal governments, local 
     governments, scientific and academic institutions, entities 
     that fund school-based clinics, and non-profit organizations 
     for the purpose of--
       ``(A) enabling such entities to evaluate the effectiveness, 
     with particular emphasis on the cultural sensitivity and age-
     appropriateness, of the prevention, education and community-
     based public awareness programs referred to in paragraph (1);
       ``(B) enabling such entities to provide training to health 
     care providers, school nurses and other school health care 
     providers, including school-based clinic health care 
     providers, educators, family members, social workers, child 
     welfare workers, and others in the prevention, diagnosis and 
     treatment of Fetal Alcohol Syndrome and Fetal Alcohol 
     Effects;
       ``(C) educating children and youth, including pregnant and 
     high-risk youth, concerning such syndrome and effects with 
     priority given to those programs that are part of a 
     sequential, comprehensive school health education program; 
     and
       ``(D) increasing public and community awareness concerning 
     Fetal Alcohol Syndrome and Fetal Alcohol Effects through 
     culturally sensitive projects, programs, and campaigns, and 
     improving the understanding of the general public and 
     targeted groups concerning the most effective methods for 
     intervening with friends and family to prevent fetal exposure 
     to alcohol.

     ``SEC. 520G. APPLIED EPIDEMIOLOGIC RESEARCH AND PREVENTION 
                   PROGRAM.

       ``The Secretary shall direct the appropriate agencies 
     within the Department of Health and Human Services to--
       ``(1) conduct and support research on the causes, 
     mechanisms, diagnostic methods, and treatment and prevention 
     of Fetal Alcohol Syndrome and Fetal Alcohol Effects;
       ``(2) provide technical and consultative assistance and 
     training to States, Indian tribal governments, local 
     governments, other public entities, scientific and academic 
     institutions, and non-profit organizations engaged in the 
     conduct of--
       ``(A) Fetal Alcohol Syndrome prevention and early 
     intervention programs; and
       ``(B) research relating to the causes, mechanisms, 
     diagnosis methods, treatment and prevention, of Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects; and
       ``(3) award grants to, and enter into cooperative 
     agreements and contracts with States, Indian tribal 
     governments, local governments, other public entities, 
     scientific and academic institutions, and non-profit 
     organizations to--
       ``(A) assist such entities in conducting innovative 
     demonstration and evaluation projects designed to determine 
     effective strategies, including community-based prevention 
     programs and multi-cultural education campaigns, for 
     preventing and intervening in fetal exposure to alcohol;
       ``(B) improve and coordinate the surveillance and ongoing 
     assessment methods implemented by such entities and the 
     Federal Government, with respect to Fetal Alcohol Syndrome 
     and Fetal Alcohol Effects for the purpose of--
       ``(i) tracking progress toward achieving relevant Year 2000 
     Prevention Objectives, set forth by the Public Health Service 
     in the Healthy People 2000: National Health Promotion and 
     Disease Prevention Objectives;
       ``(ii) identifying successful, culturally sensitive 
     prevention efforts; and
       ``(iii) identifying children who have symptoms of Fetal 
     Alcohol Syndrome and Fetal Alcohol Effects and may need 
     special health, education, and support services;
       ``(C) develop and evaluate effective age-appropriate and 
     culturally-sensitive prevention programs for infants, 
     children, adolescents, and adults identified as being at-risk 
     of becoming chemically dependent on alcohol and associated 
     with or developing Fetal Alcohol Syndrome and Fetal Alcohol 
     Effects; and
       ``(D) facilitate coordination and collaboration among 
     Federal, State, Tribal, and local Fetal Alcohol Syndrome 
     prevention programs.

     ``SEC. 520H. BASIC RESEARCH PROGRAM.

       ``The Secretary shall direct the appropriate agencies 
     within the Department of Health and Human Services to conduct 
     and support research on services research and effective 
     prevention treatments and interventions for pregnant alcohol 
     dependent women and individuals with Fetal Alcohol Syndrome 
     and Fetal Alcohol Effects.

     ``SEC. 520I. DIAGNOSTIC CRITERIA FOR FETAL ALCOHOL SYNDROME 
                   AND FETAL ALCOHOL EFFECTS.

       ``Not later than 90 days after the date of enactment of 
     this subpart, the Secretary shall direct the appropriate 
     agencies within the Department of Health and Human Services 
     to--
       ``(1) develop a plan for widely-disseminating the Fetal 
     Alcohol Syndrome/Fetal Alcohol Effects diagnostic criteria 
     developed by the Department of Health and Human Services 
     under the ADAMHA Reorganization Act (Public Law 102-321) to 
     health care providers, educators, social workers, child 
     welfare workers, and other individuals within 16 months of 
     such date of enactment; and
       ``(2) disseminate the criteria described in paragraph (1) 
     in accordance with the plan developed under paragraph (1).

     ``SEC. 520J. INTER-AGENCY TASK FORCE ON FETAL ALCOHOL 
                   SYNDROME AND FETAL ALCOHOL EFFECTS.

       ``(a) Establishment.--Not later than 30 days after the date 
     of enactment of this subpart, the Secretary shall establish 
     an Inter-Agency Task Force on Fetal Alcohol Syndrome and 
     Fetal Alcohol Effects to foster coordination among all 
     Federal agencies that conduct or support Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects research, programs, and 
     surveillance and otherwise meet the general needs of 
     populations actually or potentially impacted by Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects.
       ``(b) Membership.--The Task Force established under 
     subsection (a) shall--
       ``(1) be chaired by the Associate Administrator for Alcohol 
     Prevention and Treatment of the Substance Abuse and Mental 
     Health Services Administration and staffed by the 
     Administration; and
       ``(2) include representatives from all relevant agencies 
     and offices within the Department of Health and Human 
     Services, Department of Agriculture, Department of Education, 
     Department of Defense, Department of Interior, Department of 
     Justice, Bureau of Alcohol, Tobacco and Firearms, Federal 
     Trade Commission, and any other relevant Federal agency.
       ``(c) Functions.--The Task Force established under 
     subsection (a) shall--
       ``(1) coordinate all Federal programs and research 
     concerning Fetal Alcohol Syndrome, Fetal Alcohol Effects, and 
     other forms of maternal substance abuse, including those 
     programs--
       ``(A) targeting individuals, families, and populations 
     identified as being at risk of acquiring Fetal Alcohol 
     Syndrome, Fetal Alcohol Effects, or other maternal substance 
     abuse; and
       ``(B) providing health, education, treatment, and social 
     services to infants, children, and adults with Fetal Alcohol 
     Syndrome, Fetal Alcohol Effects, and other drug exposures and 
     their families; and
       ``(2) coordinate its efforts with existing Department of 
     Health and Human Services task forces on substance abuse 
     prevention and maternal and child health;
       ``(3) report on an annual basis to the Secretary and 
     relevant Committees of Congress on the current and planned 
     activities of the participating agencies.

     ``SEC. 520K. ADMINISTRATIVE PROVISIONS WITH RESPECT TO 
                   GRANTS, COOPERATIVE AGREEMENTS AND CONTRACTS.

       ``(a) Eligibility.--To be eligible to receive a grant, 
     cooperative agreement or contract under this subpart, an 
     entity shall--
       ``(1) be a State, Indian tribal government, local 
     government, entity that funds a school-based health clinic 
     scientific or academic institution or non-profit 
     organization;
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may prescribe, including a description of the 
     activities that the entity intends to carry out using amounts 
     received under a grant, cooperative agreement, or contract; 
     and
       ``(3) provide assurances that amounts received under such 
     grants, cooperative agreements or contracts will be used in 
     accordance with this subpart.
       ``(b) Maintenance of Effort.--No grant, cooperative 
     agreement, or contract may be awarded to an entity under this 
     subpart unless the entity agrees to maintain the expenditures 
     of the entity for activities of the type for which the 
     amounts to be received under a grant, cooperative agreement, 
     or contract are to be used, at a level equal to not less than 
     the level of such expenditures maintained by the entity for 
     the fiscal year preceding the fiscal year for which the 
     entity is applying to receive the grant, cooperative 
     agreement or contract.
       ``(c) Amounts in Lieu of Cash.--At the request of a 
     recipient of a grant, cooperative agreement, or contract 
     under this subpart, the Secretary may reduce the amount 
     provided under such grant, agreement, or contract by--
       ``(1) an amount equal to the fair market value of any 
     supplies or equipment furnished the recipient; and
       ``(2) an amount equal to the amount of the pay, allowances, 
     and travel expenses of any officer or employee of the Federal 
     Government which was detailed to the recipient and the amount 
     of any other cost incurred in connection with the detail of 
     such officer or employee.

     ``SEC. 520L. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart, such sums as are necessary for each of the fiscal 
     years 1994 through 1997.''.

 Mr. BINGAMAN. Mr. President, I am pleased today to join my 
good friend and distinguished colleague, Senator Daschle, in 
reintroducing the Comprehensive Fetal Alcohol Syndrome Prevention Act. 
Through this legislation, we are proposing a comprehensive, 
coordinated, national effort to prevent one of the leading causes of 
birth defects in this country: Fetal alcohol syndrome.
  The need for this legislation is well documented, and the time for 
action is long overdue. Fetal Alcohol Syndrome [FAS] is this Nation's 
primary known cause of mental retardation, and it is completely 
preventable. According to a report issued last summer by the Centers 
for Disease Control and Prevention, the number of reported FAS cases 
has tripled over the past decade. The CDC reports that in 1992, nearly 
4 infants--possibly more--out of every 10,000 births were born with 
FAS, suffering irreversible physical and mental harm. In 1979, the 
first year CDC collected information on the incidence of Fetal Alcohol 
Syndrome, it estimated the number of reported FAS cases at only one per 
10,000 births.
  Adding to the extent of the problem are estimates which indicate that 
each year 10,000 to 12,000 infants are born with lesser, though still 
serious, alcohol-related birth defects known as fetal alcohol effects 
[FAE].
  In my home State of New Mexico, the number of infants born with FAS 
has exceeded the national average for a number of years. Each year, 
more than 36 babies are born in New Mexico with FAS, and more than 80 
are born with FAE. Some experts believe our FAS rate has been 
consistently higher than the national average because our doctors, who 
have benefited from a significant amount of State-based FAS research, 
are more familiar with its signs and symptoms.
  If this is true, then nationally the number of FAS and FAE births 
could be higher than today's estimates. In fact, the CDC believes this 
to be the case. According to Dr. David Erickson, the chief of the CDC's 
birth defects and genetic diseases branch, the new CDC count--which we 
need to remember is a threefold increase over the 1979 estimate--
probably is a substantial undercount. It is an undercount for a number 
of reasons, but chief among them is undoubtedly lack of awareness.

  Although the exact number of infants and families impacted by FAS and 
FAE is not entirely certain, there is no question that fetal alcohol 
syndrome is a national problem. It can impact any child, any family, 
and any community. But I am especially troubled about the threat FAS 
poses to the Navajo, Apache, and Pueblo children and families in New 
Mexico, and to American Indians throughout the Nation.
  New Mexico health officials estimate that the combined FAS rate for 
our State's 22 Indian tribes is 2 to 5 times that the national average. 
According to the Indian Health Service, the prevalence of FAS is 
significantly higher among American Indians and Alaska Natives than 
nationally. I have been told that in some American Indian and Alaska 
Native communities, as many as 1 in 4 newborns may be affected by FAS 
or FAE.
  Mr. President, the real tragedy of fetal alcohol syndrome and fetal 
alcohol effects is that both are completely preventable. Not one more 
infant would be born with FAS or FAE if every pregnancy was an alcohol-
free pregnancy. If we could get the message out that alcohol and 
pregnancy do not mix, if we could explain the compelling need for every 
mother to stay away from alcoholic beverages while she is pregnant, 
then we could eliminate this disease. The key is prevention through 
education.
  Prevention through education is the cornerstone of the Comprehensive 
Fetal Alcohol Syndrome Prevention Act. As I mentioned earlier, this 
bill will create a comprehensive, coordinated program within the 
Department of Health and Human Services to help prevent FAS and FAE. 
Specifically, this bill:
  Directs the Secretary of Health and Human Services to:
  Coordinate and support national and targeted public awareness, 
prevention, and education programs on FAS-FAE;
  Coordinate and support basic and applied epidemiologic research on 
FAS-FAE;
  Assist in establishing and conducting nationwide FAS-FAE surveillance 
programs;
  Convene a panel of national experts to develop diagnostic criteria 
for FAE; and
  Focus efforts on the needs of at-risk populations, and American 
Indians and Alaska Natives in particular.
  Establishes an Inter-Agency Task Force on FAS-FAE:
  To coordinate all Federal agencies that conduct or support FAS-FAE 
research, programs, and surveillance or otherwise meet the general 
needs of populations actually or potentially impacted by FAS-FAE; and
  To prepare an annual report to the Congress on FAS-FAE research and 
prevention efforts.
  The task force will be chaired by the Associate Administrator for 
Alcohol Prevention and Treatment of the Substance Abuse and Mental 
Health Services Administration [SAMHSA];
  Members will include all relevant agencies and offices within the 
Departments of Health and Human Services, Agriculture, Education, 
Defense, Interior, and Justice; the Bureau of Alcohol, Tobacco and 
Firearms; the Federal Trade Commission, and all other relevant 
departments and agencies.
  Mr. President, each one of the provisions I have listed is needed. 
But perhaps most important, the new DHHS program this bill authorizes 
will help develop national and targeted campaigns to increase public 
awareness of the symptoms and impact for preventing FAS and FAE. The 
central focus of every campaign will be clear, effective, and 
culturally sensitive methods and messages for FAS and FAE prevention. 
Initially, Federal efforts will focus on the needs of at-risk 
populations, and in particular, American Indians and Alaska Natives.
  I urge my colleagues to study this legislation and lend it their 
support. As I mentioned earlier, FAS knows no boundaries. It can--and 
does--impact children and families in every State in this country. It 
is a problem so pervasive, yet so readily preventable, that it requires 
a broad-based, concerted, and coordinated effort for elimination.
  Existing FAS-FAE prevention programs need increased funding, and we 
need to work to make this happen. But money alone is not the answer. We 
need a firm commitment from the Federal Government, the States, local 
governments, Indian tribes, schools, community-based organizations, and 
families to assume responsibility and work together, in a coordinated 
manner, for the benefit of our children. If we have this commitment, we 
can improve the quality of life for children already afflicted with 
FAS, and we can put an end to this terrible--and 100-percent 
preventable--disease.

                          ____________________