[Congressional Record Volume 140, Number 29 (Wednesday, March 16, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 16, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. ROTH:
  S. 1934. A bill to amend the Immigration and Nationality Act to 
facilitate the apprehension, detention, and deportation of criminal 
aliens, and for other purposes; to the Committee on the Judiciary.


                   criminal alien control act of 1994

  Mr. ROTH. Mr. President, I rise today to introduce the Criminal Alien 
Control Act of 1994. This comprehensive legislation addresses the 
staggering problem of criminal aliens in this country.
  There is no doubt that our immigration system has many problems. I 
hope that this year we will consider comprehensive reforms of the 
entire immigration system including reforming our abused and overrun 
asylum process. But, we cannot reform our immigration system without 
addressing the problem of criminal aliens.
  Criminal aliens encompass two areas of great concern to the American 
people: crime and the control of our borders. Criminal aliens occupy 
the dangerous intersection of those two problems. I hope that we can 
all agree that those who came to this country and commit serious crimes 
have no place here. We do not need to import criminals.
  As ranking minority member of the Permanent Subcommittee on 
Investigations, I recently conducted an investigation and held 2 days 
of hearings regarding the problem of criminal aliens and the 
governmental response to that problem. I am grateful to Senator Nunn, 
our chairman, for his support and assistance in the investigation.
  Our investigation found that criminal aliens are a serious threat to 
our public safety that is costing our criminal justice system hundreds 
of millions of dollars.
  Criminal aliens now account for an all time high of 25 percent of the 
Federal prison population. The subcommittee staff estimates that there 
are a total of 450,000 criminal aliens in all parts of our criminal 
justice system.
  Not only is the problem enormous but it is growing rapidly.
  As this chart here shows, it represents the fastest growing segment 
of the Federal prison population. I will just point out that in 1988, 
we had a little less than 11,000; by 1993, 5 years later, we have 
22,626, a tremendous growth rate; unbelievable.
  As I said, aliens are the fastest growing segment of the Federal 
population. It is this growth, on top of the already staggering 
numbers, that arouses our great concern.
  Although our investigation found that the Immigration and 
Naturalization Service is not adequately responding to the criminal 
alien problem, the INS does not deserve all the blame. Congress 
deserves blame for our criminal alien deportation laws, created 
piecemeal, that set out an irrational, lengthy, and complex process. 
This next chart shows just how confusing and complicated the current 
process is.
  I will remind you that the proposed health reform structure is just 
as complicated. It is no wonder that we are not deporting criminals as 
rapidly as we should be.
  Problems with the INS, however, are many. For example, the INS is 
unable to even identify most of the criminal aliens who clog our State 
and local jails before these criminals are released back onto our 
streets.
  Many criminal aliens that are identified are released on bond while 
the lengthy deportation process is pending. It should be a surprise to 
no one that many skip bond and never show up for their hearings. 
According to INS figures, in 1992, there were nearly 11,000 aliens 
convicted of aggravated felonies, the most serious crimes, who failed 
to show up for their deportation hearings.
  Ironically, the INS does routinely provide criminal aliens with work 
permits legally allowing them to get jobs while their appeals are 
pending. One INS deportation officer told my staff that he spends only 
about 5 percent of his time looking for criminal aliens, because he 
must spend most of his time processing work permits for criminal 
aliens.
  As for actual deportation, the final step in the process, even when 
final deportation orders are issued for criminal aliens they are often 
not actually deported. The INS has reported that there are over 27,000 
aliens, including many criminal aliens, who have been ordered deported 
yet remain at large.
  One frustrated INS official told us that only the stupid and honest 
actually get deported.
  Finally, even when the system works and a criminal alien is deported, 
re-entry into the United States is so easy that it makes the whole 
process appear to be a giant exercise in futility. PSI obtained long 
lists of criminal aliens who have repeatedly been deported and 
reentered this country.
  As many of us know, certain State and local governments have been 
highly critical of what they see as the Federal Government's inability 
to effectively police our Nation's borders. Yet, some of these same 
jurisdictions have passed laws and adopted official policies 
prohibiting their local police departments from cooperating with 
Federal immigration officials. I think that is hypocritical. I offered 
an amendment to the crime bill that was adopted 93-6 that would cut 
crime bill funding to entities that adopt such policies of 
noncooperation. A similar provision is included in this legislation.
  My legislation addresses the serious problem of criminal aliens by 
simplifying, streamlining, and strengthening the deportation process 
for criminal aliens.
  My legislation simplifies existing law by eliminating the confusing 
array of crimes for which criminal aliens are deportable. Under my 
legislation, any alien who commits any felony is deportable--period. My 
legislation streamlines the deportation process for criminal aliens by, 
among other things, requiring aliens who are not permanent residents 
and who wish to appeal deportation orders, to do so from their home 
countries, after they have been deported. My legislation further 
streamlines the process by allowing, for the first time, State and 
Federal judges to order the deportation of criminal aliens. Once an 
alien has been convicted beyond a reasonable doubt of having committed 
a felony, having had the benefit of all due process that is required in 
our criminal justice system, there is no reason why the sentencing 
judge should not also be permitted to enter an order of deportration at 
the time of sentencing. My legislation also restricts the defenses 
currently used by criminal aliens to delay or avoid deportation and 
strengthens the existing law by enhancing penalties for reentry after 
deportation and failure to depart after being ordered deported.
  Through this comprehensive legislative package, I believe we can make 
inroads against the growing and serious problem of criminal aliens in 
this country.
  Mr. President, I ask unanimous consent that the bill and a section-
by-section analysis be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1934

       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 ``Criminal Alien Control Act 
     of 1994''.

     SEC. 2. TABLE OF CONTENTS.

       The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.

                TITLE I--DEPORTATION OF CRIMINAL ALIENS

Sec. 101. Equal immigration treatment to all alien felons.
Sec. 102. Deportation procedures for certain criminal aliens who are 
              not permanent residents.
Sec. 103. Judicial deportation.
Sec. 104. Uncontested deportations.
Sec. 105. Restricting defenses to deportation for certain criminal 
              aliens.
Sec. 106. Extraterritorial appeals by criminal aliens.
Sec. 107. Enhanced penalties for failure to depart, or reentry, after 
              final order of deportation.
Sec. 108. Restriction on asylum for criminal aliens.
Sec. 109. Federal incarceration.
Sec. 110. Miscellaneous and technical changes.

   TITLE II--LOCAL COOPERATION WITH FEDERAL OFFICIALS AND PROCEDURES

Sec. 201. Funding based on cooperation.
Sec. 202. Production of criminal records.

                        TITLE III--MISCELLANEOUS

Sec. 301. Detention of undocumented criminal aliens at military 
              installations to be closed.
Sec. 302. Authorizing registration of aliens on criminal probation or 
              criminal parole.
Sec. 303. Admissible evidence before a special inquiry officer.
                TITLE I--DEPORTATION OF CRIMINAL ALIENS

     SEC. 101. EQUAL IMMIGRATION TREATMENT TO ALL ALIEN FELONS.

       (a) Felonies.--(1) Sections 101(f) (8 U.S.C. 1101(f)); 
     106(a) (8 U.S.C. 1105a(a)); 208(d) (8 U.S.C. 1158(d)); 
     212(a)(6)(B) (8 U.S.C. 1182(a)(6)(B)); 236(e)(i) (8 U.S.C. 
     1226(e)(i)); 241(a)(2)(A) (8 U.S.C. 1251(a)(2)(A)); 242(a) (8 
     U.S.C. 1252(a)); 252A(d) (8 U.S.C. 1252A(d)); 242B(c) (8 
     U.S.C. 1252B(c)); 243(h) (8 U.S.C. 1253(h)); 244(e) (8 U.S.C. 
     1254(e)); and 277 (8 U.S.C. 1327) are amended by striking 
     ``aggravated felony'' and ``an aggravated felony'' each time 
     they appear and inserting in lieu thereof ``felony'' or ``a 
     felony'', respectively.
       (2) Section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)) is amended by adding at the end the 
     following new paragraph:
       ``(47) The term `felony' means any offense under Federal or 
     State law that is punishable by death or imprisonment for 
     more than 1 year.''.
       (b) Preclusion of Judicial Review.--Section 106(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1105a(c)) is 
     amended--
       (1) by inserting ``(1)'' immediately after ``(c)''; and
       (2) by adding at the end the following:
       ``(2) An order of deportation or of exclusion shall not be 
     reviewed by any court of the United States if the grounds for 
     such order is the commission of a felony by the alien, except 
     that the Attorney General may defer deportation or exclusion 
     of the alien pending judicial review if the Attorney General 
     determines that to do otherwise would cause hardship to the 
     alien.''.

     SEC. 102. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS 
                   WHO ARE NOT PERMANENT RESIDENTS.

       (a) Technical Amendments.--Section 242A of the Immigration 
     and Nationality Act (8 U.S.C. 1252a) is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) In General.--'' and inserting the 
     following:
       ``(b) Deportation of Permanent Resident Aliens.--
       ``(1) In general.--''; and
       (B) by inserting in the first sentence ``permanent 
     resident'' after ``correctional facilities for'';
       (2) in subsection (b)--
       (A) by striking ``(b) Implementation.--'' and inserting 
     ``(2) Implementation.--''; and
       (B) by striking ``respect to an'' and inserting ``respect 
     to a permanent resident'';
       (3) by striking subsection (c);
       (4) in subsection (d)--
       (A) by striking ``(d) Expedited Proceedings.--(1)'' and 
     inserting ``(3) Expedited proceedings.--(A)'';
       (B) by inserting ``permanent resident'' after ``in the case 
     of any''; and
       (C) by striking ``(2)'' and inserting ``(B)'';
       (5) in subsection (e)--
       (A) by striking ``(e) Review.--(1)'' and inserting ``(4) 
     review.--(A)'';
       (B) by striking the second sentence; and
       (C) by striking ``(2)'' and inserting ``(B)'';
       (6) by inserting after the section heading the following 
     new subsection:
       ``(a) Presumption of Deportability.--An alien convicted of 
     a felony shall be conclusively presumed to be deportable from 
     the United States.''; and
       (7) by amending the heading to read as follows:


 ``EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING FELONIES''.

       (b) Elimination of Administrative Hearing for Certain 
     Criminal Aliens.--Section 242A of the Immigration and 
     Nationality Act (8 U.S.C. 1252a) is amended by adding at the 
     end the following new subsection:
       ``(c) Deportation of Aliens Who Are Not Permanent 
     Residents.--
       ``(1) Notwithstanding section 242, and subject to paragraph 
     (5), the Attorney General may issue a final order of 
     deportation against any alien described in paragraph (2) whom 
     the Attorney General determines to be deportable under 
     section 241(a)(2)(A)(iii) (relating to conviction of a 
     felony).
       ``(2) An alien is described in this paragraph if the 
     alien--
       ``(A) was not lawfully admitted for permanent residence at 
     the time that proceedings under this section commenced, or
       ``(B) had permanent resident status on a conditional basis 
     (as described in section 216) at the time that proceedings 
     under this section commenced.
       ``(3) The Attorney General may delegate the authority in 
     this section to the Commissioner or to any District Director 
     of the Service.
       ``(4) No alien described in this section shall be eligible 
     for--
       ``(A) any relief from deportation that the Attorney General 
     may grant in his discretion, or
       ``(B) relief under section 243(h).
       ``(5) The Attorney General may not execute any order 
     described in paragraph (1) until 14 calendar days have passed 
     from the date that such order was issued, in order that the 
     alien has an opportunity to apply for judicial review under 
     section 106.''.
       (c) Limited Judicial Review.--Section 106 of the 
     Immigration and Nationality Act (8 U.S.C. 1105a) is amended--
       (1) in the first sentence of subsection (a), by inserting 
     ``or pursuant to section 242A'' after ``under section 
     242(b)'';
       (2) in subsection (a)(1) and subsection (a)(3), by 
     inserting ``(including an alien described in section 242A)'' 
     after ``felony''; and
       (3) by adding at the end the following new subsection:
       ``(d) Notwithstanding subsection (c), a petition for review 
     or for habeas corpus on behalf of an alien described in 
     section 242A(c) may only challenge whether the alien is in 
     fact an alien described in such section, and no court shall 
     have jurisdiction to review any other issue.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to all aliens against whom deportation 
     proceedings are initiated after the date of enactment of this 
     Act.

     SEC. 103. JUDICIAL DEPORTATION.

       (a) Judicial Deportation.--Section 242A of the Immigration 
     and Nationality Act (8 U.S.C. 1252a), as amended by section 
     102, is further amended by inserting at the end the following 
     new subsection:
       ``(d) Judicial Deportation.--
       ``(1) Authority.--Notwithstanding any other provision of 
     this Act, a United States district court or a State court 
     shall have jurisdiction to enter a judicial order of 
     deportation at the time of sentencing against an alien whose 
     criminal conviction causes such alien to be deportable under 
     section 241(a)(2)(A)(iii) (relating to conviction of a 
     felony).
       ``(2) Procedure.--(A) The United States Attorney or, in the 
     case of a proceeding before a State court, the State's 
     attorney general, shall provide notice of intent to request 
     judicial deportation promptly after the entry in the record 
     of an adjudication of guilt or guilty plea. Such notice shall 
     be provided to the court, to the alien, to the alien's 
     counsel of record, and to the Commissioner.
       ``(B) Notwithstanding section 242B--
       ``(i) in the case of a proceeding before a United States 
     court, the United States Attorney, with the concurrence of 
     the Commissioner, or
       ``(ii) in the case of a proceeding before a State court, 
     the State`s attorney general,

     shall, at least 20 days before the date set for sentencing, 
     file a charge containing factual allegations regarding the 
     alienage of the defendant and satisfaction by the defendant 
     of the definition of felony.
       ``(C) If the court determines that the defendant has 
     presented substantial evidence to establish prima facie 
     eligibility for relief from deportation under section 212(c), 
     the court shall request the Attorney General to provide the 
     court with a recommendation and report regarding the alien's 
     eligibility for relief under such section. The court shall 
     either grant or deny the relief sought.
       ``(D)(i) The alien shall have a reasonable opportunity to 
     examine the evidence against him or her, to present evidence 
     on his or her own behalf, and to cross-examine witnesses 
     presented by the Government.
       ``(ii) The court, for the purposes of determining whether 
     to enter an order described in paragraph (1), shall only 
     consider evidence that would be admissible in proceedings 
     conducted pursuant to section 242(b).
       ``(3) Notice, appeal, and execution of judicial order of 
     deportation.--(A)(i) A judicial order of deportation or 
     denial of such order may be appealed by either party to the 
     court of appeals for the circuit in which the United States 
     district court is located or to the appropriate State court 
     of appeals, as the case may be.
       ``(ii) Except as provided in clause (iii), such appeal 
     shall be considered consistent with the requirements 
     described in section 106.
       ``(iii) Upon execution by the defendant of a valid waiver 
     of the right to appeal the conviction on which the order of 
     deportation is based, the expiration of the period described 
     in section 106(a)(1), or the final dismissal of an appeal 
     from such conviction, the order of deportation shall become 
     final and shall be executed at the end of the prison term in 
     accordance with the term of the order.
       ``(B) As soon as is practicable after entry of a judicial 
     order of deportation by a United States court, the Attorney 
     General shall provide the defendant with written notice of 
     the order of deportation, which shall designate the 
     defendant's country of choice for deportation and any 
     alternate country pursuant to section 243(a).
       ``(C) As soon as is practicable after entry of a judicial 
     order of deportation by a State court, the State court shall 
     notify the Attorney General of the order. Upon the 
     termination of imprisonment of the alien, the State shall 
     remand the alien to the custody of the Attorney General. The 
     Attorney General shall effect the deportation of the alien in 
     the manner prescribed in this Act with respect to final 
     orders of deportation.
       ``(4) Denial of judicial order.--Denial of a request for a 
     judicial order of deportation shall not preclude the Attorney 
     General from initiating deportation proceedings pursuant to 
     section 242 upon the same ground of deportability or upon any 
     other ground of deportability provided under section 241(a). 
     Any denial of a judicial order of deportation shall include a 
     statement in writing stating the reasons for the denial.
       ``(5) Definition.--For purposes of this subsection, the 
     term `State' refers to any of the several States and the 
     District of Columbia.''.
       (b) Technical and Conforming Changes.--The ninth sentence 
     of section 242(b) of the Immigration and Nationality Act (8 
     U.S.C. 1252(b)) is amended by striking out ``The'' and 
     inserting in lieu thereof ``Except as provided in section 
     242A(d), the''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to all aliens whose adjudication of guilt or 
     guilty plea is entered in the record after the date of 
     enactment of this Act.

     SEC. 104. UNCONTESTED DEPORTATIONS.

       Section 242B of the Immigration and Nationality Act (8 
     U.S.C. 1252b) is amended--
       (1) in subsection (a)(1), by adding at the end the 
     following new subparagraph:
       ``(G) The right of an alien deportable under section 
     241(a)(2) to execute a deportation affidavit pursuant to 
     subsection (f) in lieu of deportation proceedings.'';
       (2) by redesignating subsection (f) as subsection (g); and
       (3) by inserting after subsection (e) the following:
       ``(f) Deportation Affidavit.--In lieu of a determination of 
     deportability in a proceeding before a special inquiry 
     officer, an alien may elect to admit deportability under 
     section 241(a)(2) through the execution of an affidavit 
     witnessed by such an officer and a notary public. A special 
     inquiry officer shall make a determination of deportability 
     under this subsection based solely on the affidavit and, if 
     he finds the alien deportable, shall issue an order of 
     deportation with respect to that alien.''.

     SEC. 105. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN 
                   CRIMINAL ALIENS.

       (a) Defenses Based on Seven Years of Permanent Residence.--
     Section 212(c) of the Immigration and Nationality Act (8 
     U.S.C. 1182(c)) is amended--
       (1) in the third sentence, by striking ``has served for 
     such felony or felonies'' and all that follows through the 
     period and inserting ``has been sentenced for such felony or 
     felonies to a term of imprisonment of at least 5 years, if 
     the time for appealing such conviction or sentence has 
     expired and the sentence has become final;''; and
       (2) by adding at the end the following new sentence: ``For 
     purposes of calculating the period of seven consecutive years 
     under this subsection, any period of imprisonment of the 
     alien by Federal, State, or local authorities shall be 
     excluded but shall not be considered to have broken the 
     continuity of the period.''.
       (b) Defenses Based on Withholding of Deportation.--Section 
     243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 
     1253(h)(2)) is amended--
       (1) by striking ``or'' at the end of subparagraph (C);
       (2) by striking the period at the end of subparagraph (D) 
     and inserting ``; or''; and
       (3) by striking the final sentence and inserting the 
     following new subparagraph:
       ``(E) the alien has been convicted of an felony.''; and

     SEC. 106. EXTRATERRITORIAL APPEALS BY CRIMINAL ALIENS.

       Section 106 of the Immigration and Nationality Act (8 
     U.S.C. 1105a) is amended by adding at the end the following 
     new subsection:
       ``(d)(1) In the case of any alien found to be deportable 
     under section 242(a)(2), the Attorney General may not defer 
     deportation of the alien and shall, after issuance of the 
     deportation order, take the alien into custody until the 
     alien is deported.
       ``(2) Any court of the United States shall have 
     jurisdiction to review an order of deportation issued under 
     paragraph (1) in any case where the petitioner for review is 
     outside the United States. Any alien for whom an order of 
     deportation has been vacated under this paragraph shall be 
     issued a valid visa and admitted to the United States to the 
     status held by the alien before deportation.''.

     SEC. 107. ENHANCED PENALTIES FOR FAILURE TO DEPART, OR 
                   REENTRY, AFTER FINAL ORDER OF DEPORTATION.

       (a) Failure to Depart.--Section 242(e) of the Immigration 
     and Nationality Act (8 U.S.C. 1252(e)) is amended--
       (1) by striking out ``paragraph (2), (3), or (4) of'' the 
     first time it appears, and
       (2) by striking out ``shall be imprisoned not more than ten 
     years'' and inserting in lieu thereof ``shall be imprisoned 
     not more than two years, or shall be imprisoned not more than 
     ten years if the alien is a member of any of the classes 
     described in paragraph (2), (3), or (4) of section 241(a).''.
       (b) Reentry.--Section 276(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1326(b)) is amended to read as 
     follows:
       ``(b) Notwithstanding subsection (a), in the case of any 
     alien described in such subsection whose deportation was 
     subsequent to a conviction for commission of two or more 
     misdemeanors or a felony, such alien shall be fined under 
     title 18, United States Code, imprisoned not more than 15 
     years, or both.''.
       (c) Collateral Attacks on Underlying Deportation Order.--
     Section 276 of the Immigration and Nationality Act (8 U.S.C. 
     1326) is amended by adding at the end the following new 
     subsection:
       ``(c) In any criminal proceeding under this section, no 
     alien may challenge the validity of the deportation order 
     described in subsection (a) (1) or subsection (b).''.

     SEC. 108. RESTRICTION ON ASYLUM FOR CRIMINAL ALIENS.

       (a) In General.--Section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158) is amended by adding at the 
     end the following new subsections:
       ``(e) Notwithstanding subsection (a), an alien may only be 
     granted asylum under this section if the alien claims asylum 
     within 15 days of the alien's entry into the United States, 
     unless the alien establishes by clear and convincing evidence 
     that since the date of entry into the United States 
     circumstances have changed in the alien's country of 
     nationality (or, in the case of a person having no 
     nationality, the country in which such alien last habitually 
     resided) such that, if the alien returned to the country, it 
     is more likely than not that the alien would be arrested or 
     incarcerated or the alien's life would be threatened in such 
     country on account of race, religion, nationality, membership 
     in a particular social group, or political opinion.
       ``(f) An alien is not eligible for asylum under this 
     section if the Attorney General determines that--
       ``(1) the alien ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion;
       ``(2) the alien, having been convicted by a final judgment 
     of a particularly serious crime, constitutes a danger to the 
     community of the United States;
       ``(3) there are serious reasons for believing that the 
     alien has committed a serious nonpolitical crime outside the 
     United States prior to the arrival of the alien in the United 
     States;
       ``(4) there are reasonable grounds for regarding the alien 
     as a danger to the security of the United States; or
       ``(5) a country willing to accept the alien has been 
     identified (other than the country described in subsection 
     (e)) to which the alien can be deported or returned and the 
     alien does not establish that it is more likely than not that 
     the alien would be arrested or incarcerated or the alien's 
     life would be threatened in such country on account of race, 
     religion, nationality, membership in a particular social 
     group, or political opinion.

     For purposes of paragraph (2), an alien who has been 
     convicted of a felony shall be considered to have committed a 
     particularly serious crime. The Attorney General shall 
     prescribe regulations that specify additional crimes that 
     will be considered to be a crime described in paragraph (2) 
     or (3).''.
       (b) Conforming Amendment.--Section 208(a) of such Act (8 
     U.S.C. 1158(a)) is amended by inserting ``, except as 
     provided in subsection (f),'' after ``asylum, and''.

     SEC. 109. FEDERAL INCARCERATION.

       Section 242 of the Immigration and Nationality Act (8 
     U.S.C. 1252) is amended by adding at the end the following 
     new subsection:
       ``(j)(1) The Attorney General shall take into the custody 
     of the Federal Government, and shall incarcerate for a 
     determinate sentence of imprisonment, an undocumented 
     criminal alien if--
       ``(A) the chief State official exercising authority with 
     respect to the incarceration of the undocumented criminal 
     alien submits a written request to the Attorney General; and
       ``(B) the undocumented criminal alien is sentenced to a 
     determinate term of imprisonment.
       ``(2) Undocumented criminal aliens taken into the custody 
     of the Attorney General under paragraph (1) may be deported 
     under subsection (h)(2)(A).
       ``(3) For purposes of this subsection, the term 
     `undocumented criminal alien' means an alien who--
       ``(A) has been convicted of a felony and sentenced to a 
     term of imprisonment, and
       ``(B)(i) entered the United States without inspection or at 
     any time or place other than as designated by the Attorney 
     General, or
       ``(ii) was the subject of exclusion or deportation 
     proceedings at the time he or she was taken into custody by 
     the State.''.

     SEC. 110. MISCELLANEOUS AND TECHNICAL CHANGES.

       (a) Form of Deportation Hearings.--The second sentence of 
     section 242(b) of the Immigration and Nationality Act (8 
     U.S.C. 1252(b)) is amended by inserting after the second 
     sentence the following new sentence: ``Nothing in the 
     preceding sentence precludes the Attorney General from 
     authorizing proceedings by electronic or telephonic media 
     (with or without the consent of the alien) or, where waived 
     or agreed to by the parties, in the absence of the alien.''.
       (b) Construction of Expedited Deportation Requirements.--No 
     amendment made by this Act and nothing in section 242(i) of 
     the Immigration and Nationality Act (8 U.S.C. 1252(i)), shall 
     be construed to create any right or benefit, substantive or 
     procedural, which is legally enforceable by any party against 
     the United States, its agencies, its officers, or any other 
     person.
   TITLE II--LOCAL COOPERATION WITH FEDERAL OFFICIALS AND PROCEDURES

     SEC. 201. FUNDING BASED ON COOPERATION.

       (a) State and Local Cooperation.--Notwithstanding any law, 
     ordinance or regulation of any State or subdivision thereof 
     to the contrary, officials of any State or local government 
     or agency, upon the request of any duly authorized official 
     of the United States Immigration and Naturalization Service, 
     shall provide information regarding the identification, 
     location, arrest, prosecution, detention, and deportation of 
     an alien or aliens who are not lawfully present in the United 
     States.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Attorney General and the 
     Commissioner of Immigration and Naturalization shall jointly 
     report to the Congress and the President on the extent to 
     which State and local governments are not cooperating with 
     the Immigration and Naturalization Service. This report shall 
     identify any State or local governments that have adopted 
     laws, policies or practices of noncooperation with the United 
     States Immigration and Naturalization Service, the specific 
     nature of those laws, policies or practices, and their impact 
     on the enforcement of the immigration laws.
       (c) Funding Based on Cooperation.--No State or local 
     government or agency which has been identified in the 
     Attorney General's report required by the preceding 
     paragraph, which has a policy or practice of refusing to 
     cooperate with the Immigration and Naturalization Service 
     regarding the identification, location, arrest, prosecution, 
     detention, or deportation of aliens who are not lawfully 
     present in the United States, shall be eligible for any 
     Federal funds from appropriations made pursuant to a 
     provision of the Violent Crime Control and Law Enforcement 
     Act of 1993 or of an amendment made by authorizing 
     appropriations, as long as such policy or practice remains in 
     effect.

     SEC. 202. PRODUCTION OF CRIMINAL RECORDS.

       Section 503(a)(11) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by 
     inserting ``or any political subdivision thereof'' after 
     ``State'' the second, third, and fourth occurrence thereof.
                        TITLE III--MISCELLANEOUS

     SEC. 301. DETENTION OF UNDOCUMENTED CRIMINAL ALIENS AT 
                   MILITARY INSTALLATIONS TO BE CLOSED.

       (a) In General.--(1) Notwithstanding any other provision of 
     law, the Secretary of Defense shall make available to the 
     Attorney General for the purpose referred to in paragraph (2) 
     any military installation of the Department of Defense that--
       (A) is approved for closure under a base closure law; and
       (B) is jointly determined by the Secretary and the Attorney 
     General to be an appropriate facility for the detention of 
     undocumented aliens.
       (2) The Attorney General shall use facilities made 
     available to the Attorney General under this paragraph for 
     the detention of undocumented criminal aliens.
       (b) Definitions.--In this section:
       (1) The term ``approved for closure under a base closure 
     law'', in the case of a military installation, means any 
     installation whose closure under a base closure law is 
     recommended by the President and not disapproved by Congress 
     in accordance with the provisions of such law.
       (2) The term ``base closure law'' means the following:
       (A) The Defense Base Closure and Realignment Act of 1990 
     (part A of title XXIX of Public Law 102-510; 10 U.S.C. 2687 
     note).
       (B) Title II of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (Public Law 100-526; 10 
     U.S.C. 2687 note).
       (3) The term ``undocumented criminal alien'' means an alien 
     who--
       (A) has been convicted of a felony and sentenced to a term 
     of imprisonment, and
       (B)(i) entered the United States without inspection or at 
     any time or place other than as designated by the Attorney 
     General, or
       (ii) was the subject of exclusion or deportation 
     proceedings at the time he or she was taken into custody by 
     the State.

     SEC. 302. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL 
                   PROBATION OR CRIMINAL PAROLE.

       Section 263(a) of the Immigration and Nationality Act (8 
     U.S.C. 1303(a)) is amended by striking ``and (5)'' and 
     inserting ``(5) aliens who are or have been on criminal 
     probation or criminal parole within the United States, and 
     (6)''.

     SEC. 303. ADMISSIBLE EVIDENCE BEFORE A SPECIAL INQUIRY 
                   OFFICER.

       In any proceeding under the Immigration and Nationality Act 
     before a special inquiry officer, such documents and records 
     as are described in section 3.41 of title 8, Code of Federal 
     Regulations, as in effect on the date of enactment of this 
     Act, may be admissible as evidence of a criminal conviction.
                                  ____


    Criminal Alien Control Act of 1994--Section-by-Section Analysis

                          Sec. 1. Short Title

       The Act may be cited as the Criminal Alien Control Act of 
     1994


                title i--deportation of criminal aliens

       Sec. 101. Equal Immigration Treatment to All Alien Felons

       Under section 101 any alien who is convicted of any felony 
     at any time while in the U.S. would be deportable. Under 
     current law only aliens convicted of certain types of 
     felonies, as specified by a complex and confusing array of 
     statutes, are deportable. Whole classes of aliens who are 
     convicted of felonies are not deportable.
       Under current law only aliens who are convicted of crimes 
     of moral turpitude (which include murder, manslaughter, rape 
     and sodomy) within five years after entry into the U.S. and 
     resulting in imprisonment for one year, or aliens convicted 
     of two unrelated crimes of moral turpitude at any time after 
     entry into the U.S. regardless of length of incarceration, or 
     aliens who commit certain narcotics and weapons offenses (so-
     called ``aggravated felonies''), as defined by law, are 
     deportable.

Sec. 102. Deportation Procedures of Certain Criminal Aliens Who Are Not 
                          Permanent Residents

       Section 102 lays out streamlined procedures for the 
     deportation of criminal aliens who are not permanent 
     residents. Under current law only aggravated felons are 
     conclusively presumed to be deportable. Section 102 extends 
     the presumption to all criminal aliens who are not permanent 
     residents. This section eliminates the administrative hearing 
     process for criminal aliens who are not permanent resident 
     aliens. Such criminal aliens will have the right to a single 
     habeas corpus appeal limited to a determination of whether 
     the alien is in fact an alien and is in fact a convicted 
     felon.

                     Sec. 103. Judicial Deportation

       Section 103 gives the United States district courts and 
     state courts the authority to enter a judicial order of 
     deportation at the time of sentencing against an alien 
     convicted of a felony. The denial of such a judicial order 
     does not preclude the initiation of deportation proceedings 
     for the alien in question.
       District courts currently have the authority to order the 
     deportation of a criminal alien as a condition of supervised 
     release. See, 18 U.S.C. 3583(d), United States versus 
     Chukwura, 5 F.3d 1420 (11th Cir. 1993). Section 103 makes it 
     clear that district courts also have the authority to order 
     the deportation of a criminal alien in all sentencing 
     situations, not solely in connection with a sentence of 
     supervised release. State courts currently have no authority 
     regarding deportation. State courts have, in many instances, 
     however, been given the ability to exercise federal 
     authority.

                   Sec. 104. Uncontested Deportations

       Under section 104 a criminal alien who has chosen not to 
     contest his deportation can be deported via the execution of 
     an affidavit in lieu of deportation proceedings. Currently, 
     uncontested deportations are carried out before an 
     immigration judge in the setting of a formal immigration 
     hearing. In addition to being costly and time consuming, such 
     hearings are mere pro forma exercises when they involve 
     uncontested deportations.

  Sec. 105. Restricting Defenses to Deportation for Certain Criminal 
                                 Aliens

       Section 105 restricts two defenses often used by criminal 
     aliens to contest their deportations. The first defense is 
     commonly referred to as 212(c) relief. Under section 212(c) 
     of the Immigration and Nationality Act a criminal alien who 
     has been a permanent resident in the U.S. for seven years and 
     has not served over 5 years for a felony offense may be 
     granted relief from deportation. Section 105 would exclude 
     from section 212(c) those felons who are sentenced to 5 years 
     regardless of time actually served.
       The second defense, known as ``withholding of 
     deportation'', allows an immigration judge to withhold the 
     deportation of an alien, including a criminal alien, if it is 
     established that the alien would be in danger if he were 
     returned to his country of origin. Section 105 would prohibit 
     this defense from being invoked by an alien convicted of a 
     felony.

         Sec. 106. Extraterritorial Appeals by Criminal Aliens

       Section 106 requires that all criminal aliens ordered 
     deported be taken into custody until deportation. The section 
     also requires that a criminal alien be deported even if he 
     appeals his deportation. The criminal alien is, however, 
     given the right to appeal his deportation from his country of 
     origin. If the criminal alien wins his appeal, this 
     section makes it clear that the alien is to be issued a 
     visa to return to the U.S.
       This section will ensure that those criminal aliens who 
     have been ordered deported will not escape deportation by 
     appealing their deportation. Currently, criminal aliens who 
     appeal their deportation either remain incarcerated at 
     taxpayer expense or, more frequently, are released on bond. 
     Criminal aliens who have been released pending their appeal 
     are commonly given work authorization by the INS. It is 
     unfair to reward a criminal alien simply because he has 
     appealed his order of deportation. Such a policy sends the 
     wrong signal and invites abuse of the immigration appeal 
     process.

     Sec. 107 Enhanced Penalties for Re-Entry or Failure to Deport

       Section 107 enhances the penalties for aliens who return to 
     the U.S. after being deported and for those who fail to 
     depart after having been ordered deported. Under current law, 
     aggravated felons who re-enter after deportation can serve 15 
     years while nonaggravated felons can serve only 5 years for 
     the same offense. This section makes the penalty 15 years for 
     all deported criminal aliens who re-enter after deportation. 
     Section 107 prohibits collateral attacks on the underlying 
     deportation order during reentry prosecutions. Section 107 
     also expands the penalty for failure to depart to all classes 
     of aliens. Current law only covers certain classes of aliens.

           Sec. 108 Restriction on Asylum for Criminal Aliens

       Section 108 will prohibit asylum claims for criminal aliens 
     who have not formally claimed asylum within 15 days of 
     entering the United States, unless the criminal alien can 
     establish by clear and convincing evidence changed 
     circumstances in the criminal aliens country of nationality 
     accounting for why the alien failed to comply with this 
     section. This section also absolutely prohibits asylum claims 
     for certain criminal aliens such as those who have committed 
     serious crimes and pose a threat to the public.

                     Sec. 109 Federal Incarceration

       Section 109 requires the Federal government to take into 
     custody and incarcerate any undocumented criminal alien. 
     Under this section, an undocumented criminal alien is any 
     alien who: is convicted of a felony and sentenced to a term 
     of imprisonment; entered the U.S. without inspection; or was 
     the subject of exclusion or deportation proceedings at the 
     time he was taken into custody. Under current law an 
     undocumented criminal alien, who is not an aggravated 
     felon, can be, and often is released pending deportation 
     as long as the criminal alien was inspected while entering 
     the U.S. Many of these individuals do not appear for their 
     deportation hearings.
       Section 109 restores the original intent of Congress to 
     require the incarceration of most criminal aliens pending 
     their deportation. Congressional intent was thwarted by the 
     adoption of a so-called ``technical amendment'' to the 
     Immigration Act of 1990 which allows for the release of a 
     large number of criminal aliens pending their deportation.

             Sec. 110. Miscellaneous and Technical Changes


   title ii--local cooperation with federal officials and procedures

                 Sec. 201. Funding Based on Cooperation

       Section 201 would deny funding to be authorized under the 
     Violent Crime Control and Law Enforcement Act of 1993 (the 
     Crime Bill) to government entities that adopt policies of 
     refusing to cooperate with Federal immigration officials. An 
     entity would be denied funding if the Attorney General 
     certifies that the entity has a policy of not cooperating 
     with Federal immigration officials. The Attorney General can 
     order a resumption of funding if the government entity 
     changes its policy.

                Sec. 202. Production of Criminal Records

       Section 202 mandates that any political subdivision of a 
     state provide certified criminal record to the INS in 
     connection with a deportation proceeding against a criminal 
     alien at no cost to the INS. Current law only requires states 
     themselves to provide such records at no cost. Some local 
     governments maintain the right to charge a fee for the 
     records. Section 202 corrects this problem and ensures that 
     the intent of the current law is carried out.


                        title iii--miscellaneous

Sec. 301. Detention of Undocumented Aliens at Military Installations to 
                               be Closed

       Section 301 would allow any military installation approved 
     for closure under a base closure law to be used for the 
     detention of undocumented aliens.

  Sec. 302. Identification of Criminal Aliens on Probation and Parole

       Requires that state and local law enforcement inform INS of 
     criminal aliens within their jurisdiction that are on 
     probation and parole. Current law requires that this be done 
     with only incarcerated criminal aliens.

     Sec. 303. Admissible Evidence Before a Special Inquiry Officer

       Codifies a federal regulation that allows the use of 
     certain forms of documents and record and regard to the 
     deportation of a criminal alien. For example, allows for the 
     use of an official arrest record transmitted electronically.
                                 ______

      By Mr. McCAIN (for himself and Mr. Inouye):
  S. 1936. A bill to provide for the integrated management of Indian 
resources, and for other purposes; to the Committee on Indian Affairs.


          indian integrated resources management planning act

 Mr. McCAIN. Mr. President, I introduce the Indian Integrated 
Resource Management Planning Act to authorize the Secretary of the 
Interior to establish and carry out a program to assist tribes in 
developing and implementing integrated resource management plans. I am 
pleased that Senator Inouye has joined me as a cosponsor. We are 
introducing this bill in order to stimulate discussion about this 
subject. Accordingly, we welcome all comments and suggestions for 
improving the bill.
  This legislation provides that upon request of an Indian tribe, the 
Secretary of the Interior shall transfer to the tribe all natural 
resource data, including maps and other information held by the 
Secretary that relates to lands under the authority of the Indian 
tribe. The bill also establishes a process for plan development, and 
requires an Indian tribal government to submit its plan to the 
Secretary for approval.
  The process for plan development includes a determination of the need 
for the plan; identification of short- and long-term goals; 
identification of the geographic area to be included in the plan; 
identification of available and needed data; identification of the 
natural resources expertise needed to prepare the plan; a determination 
of the time required for data collection; a determination of the 
affected parties, including landowners, lessees, and residents; public 
comment; identification and consideration of alternative plans; an 
estimation of the cost of plan development; a list of resources to be 
included in the plan; a list of resource management goals and 
objectives; and compliance with applicable Federal and tribal laws.
  An approved plan shall govern all activities of the Indian tribe and 
the Secretary with regard to matters included in the plan. The bill 
also provides that the Secretary, consistent with the trust 
responsibility, shall provide for the management of Indian natural 
resources in a manner that is consistent with an approved integrated 
resource management plan. The bill authorizes the Secretary to enter 
into a grant, contract, or cooperative agreement with each Indian tribe 
under the Indian Self-Determination and Education Assistance Act to 
provide financial assistance to the tribe for the development of an 
integrated resource management plan.
  This bill provides direction to the Secretary for the fulfillment of 
the United States' responsibility for the Indian natural resources that 
are held in trust for Indian tribes and individuals. It would ensure 
that the management of natural resources on Indian lands in conducted 
in a manner that is consistent with tribal culture and values, 
applicable Federal laws, and the Federal trust responsibility. The 
IRMPA would also promote and enhance tribal self-governance through 
tribal control of natural resources and comanagement by Indian tribes 
and the Secretary.

  A few tribes have already developed and implemented integrated 
resource management plans to manage natural resources on their lands. 
Pursuant to the American Indian Agricultural Resource Management Act, 
which was enacted last year, a tribe may develop and implement a plan 
to govern the management of Indian rangelands and farmlands. The 
National Indian Forest Resource Management Act, which was enacted in 
1991, contains similar provisions. The bill I am introducing today will 
incorporate existing individual resource management plans into an 
overall program called an integrated resource management plan.
  At the urging of the tribes, the Bureau of Indian Affairs established 
procedures in 1988 to develop integrated resource management plans for 
each Indian reservation. Under these procedures, the Secretary of the 
Interior has developed and completed substantial resource inventory 
information, such as maps, surveys, and data necessary for the 
development of tribal integrated resource management plans over the 
past several years. The BIA, however, has lacked the funds and the 
staff to assist tribes in developing and implementing integrated 
resource management plans for each reservation. Since 1988, the BIA has 
completed nine integrated resource management plans for Indian 
reservations.
  Out of frustration, some tribes have used tribal and private funds to 
develop and complete resource inventory information in order to develop 
and implement an integrated resource management plan. For example, the 
Hoopa Valley Tribe asked World Wildlife Fund to assist in developing an 
integrated resource management plan for the reservation to fully 
integrate fish and wildlife conservation into the tribe's logging and 
timber management program. The integration of these programs will lead 
to the development of a sustainable economy that makes use of the 
tribe's natural resources while safeguarding those resources that have 
important ecological and cultural values.
  The Confederated Tribes of the Warm Springs Reservation of Oregon 
also had to seek funding elsewhere because the Secretary was not 
providing the data necessary to develop an integrated resource 
management plan. The tribe used its own funds to develop an integrated 
resource management plan. The plan at Warm Springs provides for the 
long-term management of all resources for sustainable economic and 
employment opportunities for present and future tribal members, and for 
the preservation of cultural values. Mr. President, I believe it is 
consistent with the trust responsibility to require the Secretary to 
manage Indian natural resources for the benefit of the tribes. We have 
appropriated and the Secretary has expended considerable sums of money 
over the years to develop data and information on Indian natural 
resources. This information should be readily available to those tribes 
which are ready to develop an IRMP. The bill I am introducing today 
would make the information the Secretary has acquired directly 
available to the tribal governments for the development of IRMP's.
  Finally, I would like to note that this legislation is consistent 
with and will serve to advance the policies of self-determination and 
self-governance. The development of an IRMP necessarily involves the 
very kind of community participation and decision-making which is the 
cornerstone of self-governance. This legislation will ensure that the 
Secretary has the authority necessary to more fully implement the 
policies of self-determination and self-governance at such times as the 
respective tribes are ready to proceed.
  I ask unanimous consent that the full text of the Indian Integrated 
Resources Management Planning Act and a section-by-section summary be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1936

       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 ``Indian Integrated Resources 
     Management Planning Act''.

     SEC. 2. DEFINITIONS.

       As used in this Act:
       (1) Indian land.--The term ``Indian land'' means all land 
     that is--
       (A) held in trust by the United States for the benefit of 
     an Indian tribe or an individual Indian; or
       (B) owned by an Indian or Indian tribe and is subject to 
     restrictions against alienation.
       (2) Indian natural resources.--The term ``Indian natural 
     resources'' includes forests, ranges, wildlife, water, 
     fisheries, soils, minerals, oil, gas, coal, agriculture, 
     recreation, archaeological resources, historical resources, 
     cultural resources, traditional resources, socioeconomic 
     resources, and threatened and endangered species.
       (3) Indian tribe.--The term ``Indian tribe'' means any 
     Indian tribe, band, nation, pueblo, or other organized group 
     or community, including any Alaska Native Village or regional 
     corporation as defined in or established pursuant to the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
     that is eligible for the special programs and services 
     provided by the United States to Indians because of their 
     status as Indians.
       (4) Integrated resource management plan.--The term 
     ``integrated resource management plan'' means a plan 
     developed by an Indian tribe and approved by the Secretary 
     pursuant to section 4--
       (A) to assess available natural resources;
       (B) to identify management objectives that integrate--
       (i) quality of life;
       (ii) production goals;
       (iii) preservation goals; and
       (iv) landscape descriptions of the natural resources; and
       (C) that encompasses tribal codes and specific natural 
     resource management plans in effect on the date of enactment 
     of this Act.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. FINDINGS; PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) it is the policy of the United States to promote tribal 
     self-determination and self-governance;
       (2) the United States holds most Indian natural resources 
     in trust for the benefit of Indian tribes and individuals;
       (3) it is consistent with the Federal trust responsibility 
     and the policies of self-determination and self-governance to 
     promote increased tribal involvement in the management and 
     use of Indian land and natural resources; and
       (4) Indian tribes have among their principal policy 
     objectives, the management of their natural resources in a 
     manner that is consistent with the cultural, social, and 
     economic needs and values of the tribes.
       (b) Purpose.--It is the purpose of this Act--
       (1) to authorize the Secretary to assist Indian tribes in 
     the development and implementation of integrated resource 
     management plans;
       (2) to ensure that the management of natural resources on 
     Indian land is conducted in a manner that is consistent with 
     tribal culture and values, applicable Federal laws, and the 
     Federal trust responsibility; and
       (3) to promote and enhance tribal self-determination and 
     self-governance by ensuring tribal control of natural 
     resources and co-management by Indian tribes and the 
     Secretary.

     SEC. 4. INDIAN NATURAL RESOURCE MANAGEMENT PLAN.

       (a) In General.--The Secretary shall establish and carry 
     out a program to assist Indian tribes to develop and 
     implement integrated natural resource management plans.
       (b) Assistance.--
       (1) In general.--Upon the request of an Indian tribe, the 
     Secretary shall provide assistance under this subsection, 
     including the transfer to the tribe of all natural resources 
     data, including maps and other information held by the 
     Secretary that relates to land under the authority of the 
     Indian tribe.
       (2) Grants; contracts.--Upon the request of an Indian 
     tribe, the Secretary shall enter into a grant, contract, or 
     cooperative agreement with each Indian tribe under the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450 et seq.) to provide financial assistance to the Indian 
     tribe for the development of an integrated resource 
     management plan.
       (c) Development.--The process for plan development shall 
     include provisions for--
       (1) a determination of the need for the plan;
       (2) identification of short- and long-term goals;
       (3) identification of the geographic area to be included in 
     the plan;
       (4) identification of available and needed data;
       (5) identification of the natural resources expertise 
     needed prepare the plan;
       (6) a determination of the time required for data 
     collection;
       (7) a determination of the affected parties, including 
     landowners, lessees, and residents;
       (8) public comment;
       (9) identification and consideration of alternative plans;
       (10) an estimation of the cost of plan development;
       (11) a list of resources to be included in the plan;
       (12) a list of resource management goals and objectives; 
     and
       (13) compliance with applicable Federal and tribal laws.
       (d) Approval by Secretary.--
       (1) Submission.--Upon completion of a plan, an Indian tribe 
     shall submit the plan to the Secretary for approval.
       (2) Approval.--Not later than 6 months after receipt of a 
     plan, the Secretary shall approve or disapprove the plan. If 
     the Secretary neither approves nor disapproves the plan, such 
     inaction shall be deemed to be an approval of the plan.
       (3) Disapproval.--If the Secretary disapproves a plan, the 
     Secretary shall state the reasons for such disapproval and 
     shall provide recommendations and technical assistance for 
     plan revisions.
       (e) Force and Effect.--An approved plan shall govern all 
     activities of the Indian tribe and the Secretary with regard 
     to matters included in the plan. The plan shall take effect 
     on the date of approval.
       (f) Amendments.--
       (1) In general.--An Indian tribe may amend the plan at any 
     time consistent with this section.
       (2) Public comment.--Proposed amendments shall be made 
     available for public review and comment.
       (3) Approval.--Upon approval by the Indian tribe, proposed 
     amendments shall be submitted to the Secretary for approval 
     in accordance with subsection (d).

     SEC. 5. MANAGEMENT.

       Consistent with the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.), the Secretary shall 
     provide for the management of Indian natural resources in a 
     manner that is consistent with the approved integrated 
     resource management plans.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                  ____


 Section-by-Section Summary Analysis of the Indian Integrated Resource 
                    Management Planning Act of 1994


                        section 1.--short title

       Section 1 provides that the short title of the Act shall be 
     the ``Indian Integrated Resources Management Planning Act.''


                        section 2.--definitions

       Section 2 sets out the definitions used in the Act, 
     including: Indian Land, Indian Natural Resources, Indian 
     Tribe, Integrated Resource Management Plan, and Secretary.


                    section 3.--findings and purpose

       Section 3 sets out the findings of the Congress and sets 
     out the purposes of the Act.
       Subsection (a) of this section states the findings of the 
     Congress including: the policy of the United States is to 
     promote tribal self-determination and self-governance; the 
     United States holds most Indian natural resources in trust 
     for the benefit of Indian tribes and individuals; it is 
     consistent with the Federal trust responsibility and the 
     policies of self-determination and self-governance to promote 
     increased tribal involvement in the management and use of 
     Indian land and natural resources; and among Indian tribes' 
     policy objectives are the management of their natural 
     resources in a manner that is consistent with the cultural, 
     social, and economic needs and values of the tribes.
       Subsection (b) of this section states that the purposes of 
     this Act are to authorize the Secretary to assist Indian 
     tribal organizations in developing and implementing 
     integrated resource management plans; to ensure that the 
     management of natural resources on Indian land is conducted 
     in a manner that is consistent with tribal culture and 
     values, applicable Federal laws, and the Federal trust 
     responsibility; and to promote and enhance tribal self-
     determination and self-governance through tribal control of 
     natural resources and co-management by Indian tribes and the 
     Secretary.


          section 4.--indian natural resource management plan

       Section 4 of this bill provides that the Secretary shall 
     establish and carry out a program to assist Indian tribes to 
     develop and implement integrated natural resource management 
     plans.
       Subsection (b)(1) of this section provides that upon 
     request of an Indian tribal organization, the Secretary shall 
     provide all natural resources data, including maps and other 
     information held by the Secretary that relates to land under 
     the authority of the Indian tribe.
       Subsection (b)(2) of this section provides that the 
     Secretary shall enter into a grant, contract, or cooperative 
     agreement with each Indian tribe under the Indian Self-
     Determination and Education Assistance Act to provide 
     financial assistance to the tribe in developing an integrated 
     resource management plan.
       Subsection (c) of this section provides that the process 
     for plan development shall include the provisions set out in 
     subsection (c)(1) through (c)(13) of this section.
       Subsection (d)(1) of this section states that an Indian 
     tribal organization shall submit a plan to the Secretary for 
     approval; (2) the Secretary shall approve or disapprove the 
     plan not later than 6 months after receipt of the plan and if 
     the Secretary neither approves nor disapproves the plan, such 
     inaction shall be deemed to be an approval of the plan; (3) 
     if the Secretary disapproves the plan, the Secretary shall 
     state the reasons for such disapproval and shall provide 
     recommendations and technical assistance for plan revisions.
       Subsection (e) of this section provides that an approved 
     plan shall govern all activities of the Indian tribe and the 
     Secretary with regard to matters included in the plan. The 
     plan shall be in effect on the date of approval.
       Subsection (f) of this section sets out the process that an 
     Indian tribe shall follow to amend the plan.


                         section 5.--management

       Section 5 provides that the Secretary, consistent with the 
     trust responsibility, shall provide for the management of 
     Indian natural resources in a manner that is also consistent 
     with an approved integrated resource management plan.


                               section 6.

       Section 6 authorizes to be appropriated such sums as are 
     necessary to carry out this Act.
                                 ______

      By Mr. DODD:
  S. 1937. A bill to amend the Community Services Block Grant Act to 
establish a new Community Initiative Program to carry out economic 
development activities in economically distressed communities, to make 
other amendments to the Act, and for other purposes; to the Committee 
on Banking, Housing, and Urban Affairs.
  S. 1938. A bill to amend the Low-Income Home Energy Assistance Act of 
1981 to authorize appropriations for fiscal years 1996 through 1999, 
remove impediments to the exercise of States discretion to shape their 
programs and to concentrate their resources on those with the greatest 
home energy needs, and for other purposes; to the Committee on Labor 
and Human Resources.


                     family assistance legislation

  Mr. DODD. Mr. President, I rise today to introduce on behalf of the 
Clinton administration reauthorization bills for two programs that are 
critically important to millions of Americans: The Low-Income Home 
Energy Assistance Program and the community services block grant. These 
may not be glamour programs that receive major publicity, but for the 
families who receive help through them, they can literally be 
lifesavers.
  Together with the Head Start amendments already introduced, these 
bills will be folded into the Human Services Act reauthorization, which 
the Senate will consider later in the session. The programs authorized 
through the Human Services Act share a common orientation of working 
within the community to address the needs of individuals and families 
seeking to move toward self-sufficiency.
  For millions of families all across this Nation, the Low-Income Home 
Energy Assistance Program, commonly known as LIHEAP, is the difference 
between going cold and staying warm, the difference between being 
overwhelmed by hard times and hanging on, the difference between 
skimping on the food budget to pay the utilities and just getting by.
  LIHEAP provides millions of families with the little extra help they 
need to make it through the winter. Many LIHEAP families have elderly 
members. Some recipients are disabled. Many families are raising small 
children. Whatever their composition, households receiving energy 
assistance all need warm shelter from the cold and basics like 
electricity.
  This point was forcefully driven home during a hearing I chaired of 
the Subcommittee on Children, Family, Drugs and Alcoholism on Tuesday. 
During that hearing, Mrs. Letitia Fletcher of Philadelphia laid out in 
highly personal, emotional terms how important LIHEAP is to millions of 
Americans. Tears streaming down her face, she described having to quit 
her job to care for her ill husband. Unable to afford fuel oil, they 
heated with a kerosene heater until doctors advised her that the fumes 
would worsen her husband's condition.
  Fortunately, Mrs. Fletcher found out about LIHEAP, and she and her 
husband were able to pay for fuel oil to heat their home. Although her 
husband recently passed away, Mrs. Fletcher is convinced that LIHEAP 
extended his life. She now works in her neighborhood to make sure 
others in need know about LIHEAP.
  Fortunately, Mrs. Fletcher found help, but millions more who are 
eligible go without assistance because the program is under-funded. 
LIHEAP reaches less than a quarter of the eligible population and 
nearly a million fewer than it did in 1981. Funding for the program has 
declined from $2.1 billion in 1985 to $1.4 billion today. As funding 
has declined, heat interruptions have been on the increase, with more 
than one million families going without this basic necessity at some 
point in the winter of 1990-9191.
  Given these statistics and my own conversations with LIHEAP clients 
in Connecticut, I must admit I was disappointed that the 
administration's budget proposed cutting LIHEAP's already inadequate 
funding in half. I plan to work with my colleagues during the budget 
and appropriations processes to restore as much funding as possible for 
LIHEAP.
  At the same time, I am eager to discuss steps we might take to make 
the program more effective. The reauthorization bill I am today 
introducing on behalf of the Clinton administration contains a number 
of changes to the program intended to give States more flexibility and 
to encourage the targeting of households with high energy burdens.
  I am also introducing the administration's bill to reauthorize the 
community services block grant. The community services block grant 
provides core funding to our Nation's network of community action 
agencies. These are social services groups with deep roots in 
communities in every part of the United States. By Federal law, the 
boards of these agencies are comprised of one-third elected officials, 
one-third business and civic leaders and one-third low-income residents 
of communities served by the agencies.
  This unique partnership provides one of the secrets of community 
action agencies' success, for it empowers low-income communities by 
giving them say over their own affairs. When community members reach 
out to the community action agency, the hand they grasp is that of a 
neighbor.
  Two of the witnesses at Tuesday's hearing, Catherine Riley of 
Minnesota and Jamie Enochs of Kansas, talked about how important 
community action agencies had been in their lives. They described how 
the agencies provide comprehensive services intended to help clients 
reach self-sufficiency, rather than just providing a check like a 
welfare agency.
  This ability to see families' needs comprehensively--to weave the 
seamless garment of services--is a hallmark of community action 
agencies. They provide an impressively wide array of social services, 
from literacy programs to job training, from Meals on Wheels to 
homeless shelters, from child care to substance abuse education.
  The community services block grant is money well spent because 
community action agencies use it to leverage funds from the private 
sector and from State and local governments. Federal block grant money 
actually constitutes only a small portion of community action agencies' 
budget, but it is an indispensable portion.
  Over the years, a number of small discretionary programs have been 
authorized through the community services block grant. These programs 
have funded everything from rural housing improvements to antihunger 
efforts. The administration's bill proposes to eliminate most of these 
discretionary programs, replacing one--the Community Economic 
Development Program--with a new Community Initiative Program.
  I plan to carefully examine this proposal in the weeks ahead. While I 
am sensitive to and support the goal of streamlining Federal programs, 
I am also aware that these small programs have served important 
purposes. We must be sure these purposes will still be met before we 
eliminate the funding sources dedicated to them.
  The low-income Home Energy Assistance Program and the community 
services block grant both rest on the fundamental premise that a little 
help from the community may be all it takes for families to survive 
tough times. I look forward to working with my colleagues on the Labor 
Committee and in the Senate as a whole to reauthorize these valuable 
programs in the weeks ahead. I ask unanimous consent that the text of 
both bills be printed in the Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                S. 1937

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

     SECTION 1. SHORT TITLE AND REFERENCES.

       (a) Short Title.--That this Act may be cited as the 
     ``Community Services Block Grant Amendments of 1994''.
       (b) References.--Except as otherwise expressly provided, 
     whenever in this Act an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Community Services Block 
     Grant Act (42 U.S.C. 9901 et seq.).

     SEC. 2. ESTABLISHMENT OF COMMUNITY INITIATIVE PROGRAM.

       (a) Community Initiative Program.--Section 681 (42 U.S.C. 
     9910) is amended to read as follows:


                     ``COMMUNITY INITIATIVE PROGRAM

       ``Sec. 681. (a) Grants.--
       ``(1) Authority.--
       ``(A) In general.--The Secretary is authorized to make 
     grants to local, private, nonprofit community development 
     corporations, or to enter into contracts or cooperative 
     agreements with such community development corporations, to 
     plan for and carry out economic development activities in 
     economically distressed communities.
       ``(B) Economic development activities.--Economic 
     development activities under this section shall be designed 
     to address the economic needs of low-income individuals and 
     families by creating employment and business development 
     opportunities and by providing support services that are 
     designed to enhance the ability of low-income individuals and 
     families to successfully avail themselves of such 
     opportunities. In addition to any other activities consistent 
     with the purposes of this section, such activities may 
     include the development of facilities through means such as 
     the establishment of partnerships with Head Start agencies, 
     agencies or organizations providing child care or otherwise 
     engaged in the field of child care or child development, and 
     agencies or organizations serving children, youth and 
     families.
       ``(2) Consultation.--The Secretary shall exercise the 
     authority provided under paragraph (1) in consultation with 
     other relevant Federal officials.
       ``(b) Governing Boards.--Each community development 
     corporation receiving funds under this section shall be 
     governed by a board that shall consist of residents of the 
     community and business and civic leaders.
       ``(c) Annual Statement.--The Secretary shall annually 
     publish a statement of the types of projects or activities 
     for which funding under this section will be a priority, such 
     as projects or activities designed to strengthen or enhance 
     activities funded by other Federal programs.
       ``(d) Geographic Distribution.--In providing assistance or 
     entering into other arrangements under this section, the 
     Secretary shall take into consideration the geographic 
     distribution of funds among States and the relative 
     proportion of funding among rural and urban areas.
       ``(e) Reservation.--Of the amounts made available to carry 
     out this section, the Secretary may reserve not to exceed 1 
     percent for each fiscal year to make grants to private 
     nonprofit organizations or to enter into contracts with 
     private nonprofit or for profit organizations to provide 
     technical assistance to aid community development 
     corporations in developing or implementing projects funded 
     under this section and to evaluate projects funded under this 
     section.''.
       (b) Repeal.--Section 505 of the Family Support Act of 1988 
     (42 U.S.C. 1315 note) is repealed.
       (c) Conforming Amendments.--
       (1) State allocations.--Section 674(a) (42 U.S.C. 9903(a)) 
     is amended--
       (A) in paragraph (1), by striking ``which remains after'' 
     and all that follows through ``allot to each State;'' and 
     inserting ``which remains after the Secretary makes the 
     apportionment required in subsection (b)(1), allot to each 
     State''; and
       (B) in paragraph (2)(A), by striking ``which remains 
     after'' and all that follows through ``exceeds'' and 
     inserting ``which remains after the Secretary makes the 
     apportionment required in subsection (b)(1), exceeds''.
       (2) Annual report.--Section 682(c) (42 U.S.C. 9911(c)) is 
     amended by striking ``section 681(d)'' and inserting 
     ``section 672(b)''.
       (3) Limitation.--Section 680(a) (42 U.S.C. 9909(a)) is 
     amended by striking ``section 681(c)'' and inserting 
     ``section 681''.

     SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--Subsection (b) of 
     section 672 (42 U.S.C. 9901(b)) is amended to read as 
     follows:
       ``(b) There are authorized to be appropriated $434,622,000 
     for fiscal year 1995, and such sums as may be necessary for 
     each of fiscal years 1996 through 1998, to carry out the 
     provisions of this subtitle.''.
       (b) Repeals.--
       (1) Community food and nutrition.--Section 681A (42 U.S.C. 
     9910a) is repealed.
       (2) Demonstration partnership agreements.--Section 408 of 
     the Human Services Reauthorization Act of 1986 (42 U.S.C. 
     9910b) is repealed.

     SEC. 4. ALLOTMENTS.

       (a) Section Heading.--Section 674 (42 U.S.C. 9903) is 
     amended in the section heading to read as follows:


                            ``ALLOTMENTS''.

       (b) Set-Asides.--Section 674 (42 U.S.C. 9903) is amended--
       (1) by redesignating subsections (a), (b), and (c) as 
     subsections (e), (f), and (g), respectively; and
       (2) by inserting before subsection (e) (as so 
     redesignated), the following new subsections:
       ``(a) With respect to amounts appropriated under section 
     672(b), the Secretary shall make allotments in accordance 
     with subsections (b) through (g).
       ``(b) Of the amounts appropriated pursuant to section 
     672(b) for fiscal year 1995 and each of the following 4 
     fiscal years, the Secretary shall reserve $35,000,000 for 
     each such fiscal year for carrying out section 681.
       ``(c) Of the amounts appropriated pursuant to section 
     672(b), the Secretary may reserve not to exceed one-half of 1 
     percent of the amount remaining after the application of 
     subsection (b) for each of the fiscal years 1995 and 1996, 
     and up to 1 percent of such amount for fiscal year 1997 and 
     each fiscal year thereafter, for training, technical 
     assistance, planning, and evaluation activities related to 
     programs or projects carried out under this Act. Such 
     activities may be carried out by the Secretary directly or 
     through grants, contracts, or cooperative agreements.
       ``(d) Of the amounts appropriated pursuant to section 
     672(b), the Secretary may reserve not to exceed 2\1/2\ 
     percent of the amount remaining after the application of 
     subsection (b) for fiscal year 1995, up to 4 percent of such 
     amount for fiscal year 1996, up to 5 percent of such amount 
     for fiscal year 1997, and up to 6 percent of such amount for 
     fiscal year 1998, for grants, contracts, or cooperative 
     agreements to address needs or problems of the poor which are 
     identified by the Secretary as priorities in the effort to 
     alleviate the causes of poverty.''.

     SEC. 5. APPLICATIONS AND REQUIREMENTS.

       (a) Assured Activities.--Section 675(c)(1)(B) (42 U.S.C. 
     9904(c)(1)(B)) is amended by inserting ``the homeless, 
     migrants, and'' before ``the elderly poor''.
       (b) State Responsibilities.--Section 675(c)(2)(B) (42 
     U.S.C. 9904(c)(2)(B)) is amended to read as follows:
       ``(B) if less than 100 percent of the allotment is expended 
     under subparagraph (A), provide assurances that with respect 
     to the remainder of the allotment a reasonable amount shall 
     be used for--
       ``(i) monitoring the activities of eligible entities and 
     providing training and technical assistance to those entities 
     in need of such assistance;
       ``(ii) coordinating State-operated programs and services 
     targeted to low-income children and families with services 
     provided by eligible entities funded under this Act; and
       ``(iii) considering the distribution of funds under this 
     Act within the State to determine if such funds have been 
     targeted to the areas of highest need and, thereafter, not 
     more than the greater of $55,000 or 5 percent of its 
     allotment under section 674 for administrative expenses at 
     the State level;''.
       (c) Tripartite Board.--Section 675(c)(3) (42 U.S.C. 
     9904(c)(3)) is amended--
       (1) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively;
       (2) by striking the comma after ``provide assurances that'' 
     and inserting ``(A)''; and
       (3) by inserting before the semicolon at the end thereof 
     ``, and (B) in the case of a public organization receiving 
     funds under this subtitle, such organization either 
     establish--
       ``(i) a board of which at least one-third of the members 
     are persons chosen in accordance with democratic selection 
     procedures adequate to assure that they are representative of 
     the poor in the area served; or
       ``(ii) another mechanism specified by the State to assure 
     citizen participation in the planning, administration, and 
     evaluation of projects for which such organization has been 
     funded;''.
       (d) Community Action Agency Plan.--Section 675(c) (42 
     U.S.C. 9904(c)) is amended--
       (1) in paragraph (11)(B) by striking ``and'' at the end 
     thereof;
       (2) in paragraph (12) by striking the period and inserting 
     ``; and''; and
       (3) by inserting after paragraph (12) the following new 
     paragraph:
       ``(13) secure from each eligible entity as a condition to 
     its receipt of funding under this Act a community action plan 
     (which shall be available to the Secretary for inspection) 
     that includes--
       ``(A) a community needs assessment (including food needs);
       ``(B) a description of the service delivery system targeted 
     to low-income individuals and families in the service area;
       ``(C) a description of how linkages will be developed to 
     fill identified gaps in services through information, 
     referral, case management, and followup consultations;
       ``(D) a description of how funding under this Act will be 
     coordinated with other public and private resources; and
       ``(E) a description of outcome measures to be used to 
     monitor success in promoting self-sufficiency, family 
     stability, and community revitalization.''.

     SEC. 6. EFFECTIVE DATE.

       The amendments made by this Act shall become effective with 
     respect to fiscal years beginning on or after October 1, 
     1994.
                                  ____


                                S. 1938

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

     SECTION 1. SHORT TITLE AND REFERENCES.

       (a) Short Title.--This Act may be cited as the ``Low-Income 
     Home Energy Assistance Amendments of 1994''.
       (b) References.--Except as otherwise expressly provided, 
     whenever in this Act an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Low-Income Home Energy 
     Assistance Act of 1981 (42 U.S.C. 8621 et seq.).

     SEC. 2. STATEMENT OF PURPOSE.

       Subsection (a) of section 2602 (42 U.S.C.8621(a)) is 
     amended to read as follows:
       ``(a) In order to assist low-income households, 
     particularly those that pay a high proportion of household 
     income for home energy, both in meeting their immediate home 
     energy needs, and in attaining the capacity to meet such 
     needs independently in the future, the Secretary of Health 
     and Human Services is authorized to make grants to States for 
     programs and activities consistent with the provisions of 
     this title.''.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       (a) Amounts Authorized.--
       (1) In general.--Section 2602(b) (42 U.S.C. 8621(b)) is 
     amended by striking ``this title'' and all that follows 
     through the end of the first sentence and inserting ``this 
     title, such sums as may be necessary for each of fiscal years 
     1995 through 1999.''.
       (2) Incentive program for leveraging non-federal sources.--
     Subsection (d) of section 2602 (42 U.S.C. 8621(d)) is amended 
     to read as follows:
       ``(d)(1) There are authorized to be appropriated to carry 
     out section 2607A, $50,000,000 for each of the fiscal years 
     1995 and 1996, $60,000,000 for fiscal year 1997, $70,000,000 
     for fiscal year 1998, and $80,000,000 for fiscal year 1999, 
     except that if the amount appropriated pursuant to subsection 
     (b) does not exceed the amount specified in paragraph (2) for 
     a fiscal year, the amount authorized to be appropriated to 
     carry out section 2607A for such fiscal year shall be 
     $50,000,000.
       ``(2) For purposes of paragraph (1), the amount specified 
     is--
       ``(A) for fiscal year 1997, the amount appropriated 
     pursuant to subsection (b) for fiscal year 1996;
       ``(B) for fiscal year 1998, the amount so appropriated for 
     fiscal year 1997; and
       ``(C) for fiscal year 1999, the amount so appropriated for 
     fiscal year 1998,

     or, if greater, the amount so appropriated for fiscal year 
     1995.''.
       (b) Period for Which Appropriation Is Made; Repeal of 
     Program Year.--Section 2602 (42 U.S.C. 8621) is amended--
       (1) by repealing subsection (c);
       (2) by redesignating subsection (d) as subsection (c); and
       (3) in the second sentence of subsection (b), to read as 
     follows: ``Amounts appropriated pursuant to this subsection 
     or subsection (c) for a fiscal year shall be available for 
     carrying out this title in the following fiscal year.''.

     SEC. 4. EMERGENCY FUNDS.

       (a) Authorization of Appropriations.--Section 2602 (42 
     U.S.C. 8621) as amended by section 3, is further amended by 
     adding at the end thereof the following new subsection:
       ``(d) There are authorized to be appropriated in any fiscal 
     year for payments under this title, in addition to amounts 
     appropriated for distribution to all the States in accordance 
     with section 2604 (other than subsection (g)), such sums as 
     may be necessary to meet the additional home energy 
     assistance needs of one or more States arising from a natural 
     disaster or other emergency. Funds appropriated pursuant to 
     this subsection are hereby designated to be emergency 
     requirements pursuant to section 251(b)(2)(D) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, except that 
     such funds shall be made available only after the submission 
     to Congress of a formal budget request by the President (for 
     all or a part of the appropriation pursuant to this 
     subsection) that includes a designation of the amount 
     requested as an emergency requirement as defined in such 
     Act.''.
       (b) Allotment of Emergency Funds.--Section 2604 (42 U.S.C. 
     8623) is amended by adding at the end thereof the following 
     new subsection:
       ``(g) Notwithstanding subsections (a) through (f), the 
     Secretary may allot amounts appropriated pursuant to section 
     2602(d) to one or more than one State. In determining to 
     which State or States additional funds may be allotted, the 
     Secretary shall take into account the extent to which a State 
     was affected by the emergency or disaster, the availability 
     to an affected State of other resources under this or any 
     other program, and such other factors as the Secretary 
     determines relevant.''.

     SEC. 5. AUTHORIZED USES OF FUNDS.

       Paragraph (1) of section 2605(b) (42 U.S.C. 8624(b)(1)) is 
     amended to read as follows:
       ``(1) use the funds available under this title to--
       ``(A) conduct outreach activities and provide assistance to 
     low income households, particularly those that pay a high 
     proportion of household income for home energy;
       ``(B) intervene in energy crisis situations, and, to the 
     extent determined appropriate by the State, to encourage and 
     enable households to attain, to the maximum extent feasible, 
     home energy self-sufficiency;
       ``(C) provide low-cost residential weatherization and other 
     cost-effective residential repairs or improvements related to 
     energy use;
       ``(D) provide energy conservation education; and
       ``(E) plan, develop, and administer the State's program 
     under this title including leveraging programs,

     and the State agrees not to use such funds for any purposes 
     other than those specified in this title;''.

     SEC. 6. TARGETING OF ASSISTANCE TO HOUSEHOLDS WITH HIGH HOME 
                   ENERGY BURDENS.

       (a) Household Income.--Section 2605(b)(2)(B) (42 U.S.C. 
     8624(b)(2)(B)) is amended by striking the matter following 
     clause (ii) and inserting the following:

     ``except that a State may not exclude a household from 
     eligibility in a fiscal year solely on the basis of household 
     income if such income is less than 110 percent of the poverty 
     level for such State, but the State may give priority to 
     those households with the highest home energy costs or needs 
     in relation to household income;''.
       (b) Outreach Activities.--Section 2605(b)(3) (42 U.S.C. 
     8624(b)(3)) is amended by striking ``are made aware'' and 
     inserting ``and households with high home energy burdens, are 
     made aware''.
       (c) Assistance Levels.--Section 2605(b)(5) (42 U.S.C. 
     8624(b)(5)) is amended by inserting ``or needs'' after 
     ``highest energy costs''.
       (d) State Plan.--Section 2605(c)(1) (42 U.S.C. 8624(c)(1)) 
     is amended--
       (1) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (H), respectively; and
       (2) by inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) describes any steps that will be taken (in addition 
     to those necessary to carry out the assurance contained in 
     paragraph (5) of subsection (b)) to target assistance to 
     households with high home energy burdens;''.

     SEC. 7. REMOVAL OF CONSTRAINT ON SECRETARIAL PROGRAM 
                   GUIDANCE.

       Section 2605(b) (42 U.S.C. 8624(b)) is amended by striking 
     the first flush sentence immediately following paragraph 
     (14).

     SEC. 8. CLARIFICATION OF AUDIT REQUIREMENT.

       Section 2605 (42 U.S.C. 8624) is amended--
       (1) in subsection (b)(10), by striking ``and provide that'' 
     and all that follows and inserting ``and provide that the 
     State will comply with the provisions of chapter 75 of title 
     31, United States Code (commonly known as the `Single Audit 
     Act');''; and
       (2) in subsection (e), by striking ``at least every two 
     years'' and all that follows and inserting ``in accordance 
     with chapter 75 of title 31, United States Code.''.

     SEC. 9. USE OF DEPARTMENT OF ENERGY WEATHERIZATION RULES TO 
                   ACHIEVE PROGRAM CONSISTENCY.

       Section 2605(c)(1)(D) (42 U.S.C. 8624(c)(1)(D)) is amended 
     by inserting before the semicolon at the end thereof the 
     following: ``, including any steps the State will take to 
     address the weatherization and energy-related home repair 
     needs of households that have disproportionately high home 
     energy costs or needs in relation to household income, and 
     describes the rules promulgated by the Department of Energy 
     for administration of its Low Income Weatherization 
     Assistance Program which the State, to the extent permitted 
     by the Secretary to increase consistency between federally 
     assisted programs, will follow regarding the use of funds 
     provided under this title by the State for such 
     weatherization and energy-related home repairs and 
     improvements''.

     SEC. 10. MATTERS TO BE DESCRIBED IN ANNUAL APPLICATION.

       Section 2605(c)(1) (42 U.S.C. 8624(c)(1)) is amended--
       (1) in subparagraph (F) (as so redesignated by section 6(d) 
     of this Act)--
       (A) by striking ``and (13)'' and inserting ``(13), and 
     (15)''; and
       (B) by striking ``and'' at the end thereof; and
       (2) by inserting after subparagraph (F) (as so redesignated 
     by section 6(d) of this Act), the following new subparagraph:
       ``(G) states, with respect to the 12-month period specified 
     by the Secretary, the number and income levels of households 
     assisted with funds provided under this title, and the number 
     of households so assisted with--
       ``(i) a member who had attained 60 years of age;
       ``(ii) a member who was disabled; and
       ``(iii) one or more young children; and''.

     SEC. 11. REPORT OF FUNDS AVAILABLE FOR OBLIGATION.

       Section 2607(a) (42 U.S.C. 8628(a)) is amended--
       (1) by inserting ``(1)'' after the subsection designation; 
     and
       (2) by adding at the end thereof the following new 
     paragraph:
       ``(2) Each State shall notify the Secretary, not later than 
     2 months prior to the close of a fiscal year, of the amount 
     (if any) of its allotment for such year that will not be 
     obligated in such year, and, if such State elects to submit a 
     request described in subsection (b)(2), such State shall 
     submit such request at the same time. The Secretary shall 
     make no payment under paragraph (1) to a State for a fiscal 
     year unless the State has complied with this paragraph with 
     respect to the prior fiscal year.''.

     SEC. 12. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

       (a) In General.--
       (1) Treatment of households.--Section 2605(b)(7) (42 U.S.C. 
     8624(b)(7) is amended--
       (A) in subparagraph (B), by adding ``and'' at the end 
     thereof;
       (B) in subparagraph (C), to read as follows:
       ``(C) assure that the home energy supplier will not treat 
     households receiving assistance under this title less 
     favorably than other households to which it supplies home 
     energy, and will comply with all provisions under or pursuant 
     to State law prohibiting adverse or discriminatory treatment 
     of such households;''; and
       (C) by striking subparagraph (D).
       (2) Incentive program.--Section 2607A(e) (42 U.S.C. 
     8626a(e)) is amended by striking ``July 31, of each year'' 
     and inserting ``2 months after the close of the fiscal year 
     during which the State provided leveraged resources to 
     eligible households, as described in subsection (b)''.
       (b) Technical Amendments.--
       (1) Section 2602(b) (42 U.S.C. 8621(b)) is amended--
       (A) by inserting ``(other than section 2607A)'' after ``to 
     carry out the provisions of this title''; and
       (B) by striking the second period at the end thereof.
       (2) Section 2603(2) (42 U.S.C. 8622(2)) is amended--
       (A) by striking ``the'' in paragraph (2) and inserting 
     ``The''; and
       (B) by striking the semicolon at the end thereof and 
     inserting a period.
       (3) The sentence that immediately precedes paragraph (15) 
     of section 2605(b) (42 U.S.C. 8624(b)) is transferred so as 
     to appear as a flush sentence immediately after paragraph 
     (15).
       (4) Section 2605(b)(3) (42 U.S.C. 8624(b)(3)) is amended by 
     striking ``handicapped'' and inserting ``disabled''.
       (5) Section 2607A(c)(2) (42 U.S.C. 8626a(c)(2)) is amended 
     by striking ``.0008 percent'' and inserting ``0.08 percent''.
       (6) Section 2610(a) (42 U.S.C. 8629(a)) is amended--
       (A) in paragraph (2), by striking the semicolon after 
     ``used'' and inserting a semicolon after ``title''; and
       (B) in paragraph (5)--
       (i) by striking ``handicapped'' and inserting ``disabled''; 
     and
       (ii) by inserting before the semicolon at the end thereof 
     ``or include young children''.

     SEC. 13. EFFECTIVE DATE.

       The amendments and repeals made by this Act shall become 
     effective on October 1, 1994.
                                 ______

      By Mr. DODD:
  S. 1939. A bill to authorize the establishment of a free-trade area 
in the Western Hemisphere; to the Committee on Finance.


             Western Hemisphere Free-Trade Area ACt of 1994

  Mr. DODD. Mr. President, I rise today to introduce the Western 
Hemisphere Free-Trade Area Act of 1994. This bill would give the 
President the authority to negotiate an inclusive free-trade agreement 
with our neighbors throughout the Americas by the end of 1999.
  A hemisphere-wide free-trade agreement is the logical next step for 
us to pursue after passage of the North American Free-Trade Agreement 
last year. When history books are eventually written about the coming 
together of the United States and its neighbors in the late 20th 
century. I hope the ratification of last year's trade agreement with 
Mexico and Canada will not be the last chapter, but the first.
  This legislation provides an outline for the remaining chapters of 
what could prove to be an amazing story. Rather than pursuing a piece-
meal, country-by-country approach to free trade in the Americas, this 
legislation supports a comprehensive, unified strategy. It says that 
the United States, Canada, Mexico, and all interested nations in Latin 
America and the Caribbean should sit down at a table together and 
hammer out an agreement.


                         WORLD'S LARGEST MARKET

  Such a free-trade area would comprise the largest single market in 
the world. It would include nearly three-quarters of a billion people 
and have a gross domestic product of more than $7.3 trillion.
  The time is right for this process of integration to begin. Later 
this year, the United States will host a hemispheric summit that will 
bring together leaders from throughout the Americas. If we act now with 
leadership and vision, the Western Hemisphere will enter the 21st 
century strengthened by democracy, warmed by friendship, and linked by 
free trade. The nations of the hemisphere may finally be able to move 
beyond a history of separation and suspicion and embark on a new 
future.


                     hopes for post-cold-war world

  I firmly believe we must move in this direction, for it is in Latin 
America and the Caribbean that the hopes of a post-cold-war world 
organized around the principles of democracy, human rights, and 
unfettered trade are most within reach. There are more democratically 
elected governments in the Western Hemisphere now than at any time 
since the Spaniards first set foot here more than five centuries ago. 
Free market reforms have swept the region.
  A hemisphere-wide free-trade agreement is the best tool we have to 
cement the recent democratic and economic reforms in Latin America and 
encourage more of the same. It is the best tool we have to strengthen 
the democracies of the region and prevent civil strife. It is the best 
tool we have to expand markets thirsty for U.S. products.
  Our position in such a market would strengthen our hand in trade 
negotiations with the Europeans and the Japanese. It would give us more 
leverage in opening up markets around the world. It would position our 
economy for success in the coming century.


                         already a major market

  Latin America and the Caribbean already provide a major market for 
United States exports. Between 1991 and 1992, U.S. exports to the 
region grew by $12.4 billion, from $63.4 to $75.8 billion. That was a 
19.5-percent increase in just 1 year. U.S. exports to the rest of the 
world increased by only 4 percent during that time. We now enjoy a $7 
billion trade surplus with our neighbors in the Americas.
  The region is now the United States third largest trading partner, 
surpassed only by Canada and Western Europe. We have paid a great deal 
of attention in recent weeks to our trade relationship with Japan, and 
justifiably so because it is so central to our economy. But we should 
keep in mind that we now trade more with Latin America and the 
Caribbean than we do with Japan.
  I know that opponents of such a proposal will make the same arguments 
they made against the North American Free-Trade Agreement. They will 
say that a Western Hemisphere free-trade agreement would open our 
shores to cheap imports from Latin America and put American industry at 
a disadvantage.
  But the truth is that the United States has little to lose from such 
an agreement. Latin America's tariffs on United States goods are now 
significantly higher than our tariffs on their products. In fact, two 
major exports from the region--coffee and crude oil--already enter the 
United States duty free.
  We have much to gain by seeking the same kind of access for our 
exports, and the best way to meet that goal is through a broad-based 
trade agreement.


                         Unifying The Patchwork

  Such a pact would replace the patchwork of bilateral and multilateral 
trade zones--many of them overlapping--that now cover much of our 
hemisphere. The most prominent of these agreements, of course, is the 
North American Free-Trade Agreement linking the United States, Mexico, 
and Canada. But there are others as well:
  The 13 English-speaking nations of the Caribbean have formed the 
Caribbean Common Market.
  The Central American countries have free-trade agreements with Mexico 
and Venezuela.
  The Andean Pact of Bolivia, Colombia, Ecuador, Peru, and Venezuela 
will soon eliminate all internal trade barriers.
  The Mercosur countries of Argentina, Brazil, Paraguay, and Uruguay 
plan to complete a southern cone common market by 1995.
  These subregional trade agreements illustrate the trend toward free 
markets and freer trade in the Americans, and they should be applauded. 
But they also illustrate something else: The need to bring everyone 
under the umbrella of a hemisphere-wide agreement.
  If we pursue this course one country at a time or one small group at 
a time, early joiners may seek to close the door on others out of fear 
that expansion would dilute their benefits. Countries initially passed 
over in favor of their neighbors may question why they were spurned. 
Bruised feelings could mushroom into economic and political disputes.


                       THE NEED FOR A NEW VISION

  My legislation seeks to head off such a scenario by inviting everyone 
to hammer out an agreement together. The bill calls for the creation of 
a new multilateral agency within the organization of American States 
with the charge of negotiating and implementing a free-trade agreement 
for the Americas.
  Others are thinking along the same lines. Peter Hakim, president of 
Inter-American Dialogue, described the need for such an organization in 
an editorial that appeared in the Christian Science Monitor last month.
  Mr. President, further, I point out that by establishing such an 
agreement hemisphere-wide, we would be able to set some minimum 
standards of democracy, human rights, and free markets.
  As I mentioned a moment ago, we have recently seen an unprecedented 
flowering of democracy in this hemisphere. Less than 2 years ago, we 
celebrated the 500th anniversary of the encounter of the cultures of 
Europe and the indigenous cultures of the Americas that existed at the 
time. More democracies are in place today than at any point in the 500-
year modern history of the Americas.
  I believe that we should try and cement those gains. We can do that, 
in my view, by establishing basic principles. If you wish to be a 
member of the family of free-trade countries in this hemisphere, then 
you must adopt democratic and human rights policies and free-market 
principles. If you are a member of the trade organization or this 
family, then you must solidify those particular gains.
  Mr. President, I will submit this legislation shortly, and I would 
invite my colleagues to examine the bill, which I think offers a sound 
approach. I think picking one country over another because of some 
short-term political gains that may be made or considerations beyond 
the ones involving free trade could cause some problems for us in this 
hemisphere. I think we have achieved a great success with the North 
American Free-Trade Agreement--we now ought to expand that to include 
these other countries.
  Chile in particular has a strong interest in beginning this process. 
Argentina and other nations such as Uruguay and Paraguay have also 
expressed their desire to accelerate the economic integration of the 
hemisphere.
  So I would invite my colleagues to look at this legislation and to 
offer some suggestions. I think the sooner we set up a framework and a 
structure for inviting other nations to join the family of free-trading 
nations in this hemisphere, the better off we will be.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         Outline of Western Hemisphere Free-Trade Agreement Act

       Section 1--Short title identifying the Act as the Western 
     Hemisphere Free-Trade Area Act of 1994.
       Title I sets forth the policy, purposes and objectives on 
     establishing a free trade area for the Western Hemisphere and 
     sets 1999 as the target for the entry into force of such an 
     area.
       Title II provides negotiating authority to the President to 
     conclude an agreement to establish a free trade agreement for 
     the entire Hemisphere based upon the principles and 
     obligations set forth in NAFTA.
       Title II also sets forth six requirements that must be met 
     in order for a country to be eligible to participate in the 
     free trade arrangement.
       Title III sets forth procedures for Congressional 
     consideration of the implementing legislation, including the 
     extension of fast track procedures to Congressional 
     consideration.
       Title IV calls for the establishment of a hemisphere-wide 
     trade organization within the OAS system to serve as the 
     focal point for the negotiation and implementation of the 
     free trade agreement.
       Title V provides standing authority for appropriations 
     beginning in FY 1995 to defray the expenses associated with 
     implementing this Act.
                                  ____


          [From the Christian Science Monitor, Jan. 27, 1994]

         Hemispheric Summit: What Counts Is the Follow-Through

                            (By Peter Hakim)

       On his way to Punta del Este, Uruguay, for the 1967 summit 
     meeting of Western Hemisphere leaders, President Lyndon 
     Johnson was struck by anxiety. It was one o'clock in the 
     morning, probably somewhere above the Amazon, when he called 
     Organization of American States [OAS] Ambassador Sol 
     Linowitz, the chief summit organizer, to his side and asked 
     him what they were going there for. Now that the Clinton 
     administration is assembling the first hemispheric summit (to 
     be held later this year in the United States) since Punta del 
     Este, it needs answers to Mr. Johnson's question.
       The difficulty will not be in defining the agenda for the 
     meeting or in gaining agreement on its from Latin American 
     and Caribbean governments. There are four obvious agenda 
     items:
       The first is the future of regional trading arrangements, 
     specifically how to move beyond the North American Free-Trade 
     Agreement and other subregional trade pacts toward a 
     hemispheric free-trade system. Most attention will inevitably 
     focus on whether, when, and how the US and its North American 
     partners will open NAFTA to other members. Interestingly, the 
     main item on the 1967 summit agenda was Latin American 
     economic integration; the change is that the US and Canada 
     are now part of the process.
       The second theme is the continuing struggle to consolidate 
     democratic practice in the Americas. Despite Latin America's 
     impressive turn toward democracy, few of its countries can 
     yet boast vigorous democratic institutions that represent the 
     interests and protect the rights of all citizens and that 
     subordinate armies to civilian authority. It will certainly 
     be more productive to discuss these issues now than it was in 
     1967, when half the Latin American leaders at the summit were 
     dictators.
       Third, poverty and inequality have to be on the agenda, not 
     only because they are morally offensive but also because 
     social injustice threatens the region's prospects for 
     economic growth and stable democracy. The uprising in 
     southern Mexico and violent protests in Argentina are recent 
     warnings.
       Finally, the summit should explore how the U.S. and Latin 
     American nations can work together more effectively on such 
     shared problems as environmental deterioration, drug 
     trafficking, refugees, and the spread of conventional and 
     nuclear weapons.
       Formulating the agenda will be relatively easy. The more 
     difficult task will be to decide what the administration 
     wants the summit to accomplish. Will Washington be satisfied 
     to reconfirm that the U.S. and Latin America now share a 
     common agenda and a consistent set of goals? Or will it also 
     want to set in motion some concrete initiatives to accomplish 
     those goals? Does President Clinton want to fortify 
     friendships or pave the way for partnerships?
       The summit will pay dividends in either case; in fact, it 
     already has. By announcing it immediately after NAFTA's 
     approval, Washington has sent a reassuring message to Latin 
     America: that U.S. interests in the region are not confined 
     to Mexico but extend throughout Latin America.
       Preparations for the meeting will force U.S. policymaking 
     officials to devote some thought to longer-range issues in 
     U.S.-Latin America relations and consult about those issues 
     with Latin American governments and U.S. nongovernmental 
     organizations. Mr. Clinton and his senior advisers should 
     gain both a better understanding of the region and the chance 
     to engage its leaders. All this will leave U.S. relations 
     with the region better off.
       The administration, however, could aim for a more ambitious 
     outcome. That would require the participants to focus not 
     only on issues but also on institutions.
       Three institutions might be given particular importance at 
     the summit. The OAS needs a stronger capacity to help 
     safeguard and advance democratic practice and human rights in 
     the hemisphere; that, in turn, will demand a stronger 
     commitment to the OAS by the U.S. and other governments, as 
     well as needed internal reforms. The Inter-American 
     Development Bank needs increased resources and greater 
     organizational agility to tackle more effectively the poverty 
     and inequality in Latin America. And a new multilateral 
     mechanism is needed to guide and coordinate progress toward a 
     hemispheric free-trade system. Despite the importance that 
     every country of the Americas now gives to trade and economic 
     integration, no organization currently has the mandate and 
     expertise to exercise leadership on these issues.
       The summit's significance will be mostly determined by what 
     happens later--whether the participating countries put into 
     practice and remain committed to the agreements reached. 
     According to Ambassador Linowitz, ``The Punta del Este 
     communique included a 23-page action program, which did not 
     produce a great deal of action.''
                                 ______

      By Mr. BRADLEY:
  S. 1940. A bill to amend the Congressional Budget Act of 1974 to 
require that the allocations of budget authority and budget outlays 
made by the Committee on Appropriations of each House be agreed to by 
joint resolution and to permit amendments that reduce appropriations to 
also reduce the relevant allocation and the discretionary spending 
limits; to the Committee on the Budget and the Committee on 
Governmental Affairs, jointly, pursuant to the order of August 4, 1977, 
with instructions that if one committee reports, the other committee 
have 30 days to report or be discharged.


           spending reduction and budget control act of 1994

 Mr. BRADLEY. Mr. President, people wonder why Congress is so 
able to spend so much money despite its loud declarations for deficit 
reduction.
  Part of the answer is in the rules Congress plays by when it spends 
money.
  In theory, Congress passes a budget and then writes spending bills 
that reflect that budget. In practice, Congress passes a budget and 
then makes it very difficult to cut specific programs.
  Here's how it works: After Congress approves the budget, the 
appropriations Committees are allowed to determine discretionary 
spending within the budget resolution targets.
  The Appropriations Committee distributes spending authority to its 13 
subcommittees. Tens of billions of dollars are given to the 
subcommittees, based on the sketchiest guidelines. The rest of Congress 
never knows how this was done or how their constituents' money can be 
spent until they've been handed the results.
  We need to return this power to the voters by allowing all of their 
representatives to determine how to distribute the money within the 
budget targets and subcommittee jurisdictions. That means nothing more 
than requiring a vote by each House that would specify which 
subcommittees get which amount of money.
  Unfortunately, this step alone doesn't solve the problem. When the 
appropriations bills come to the floor, there are different complex 
rules but the same problem: The rules greatly limit your ability to cut 
spending.
  Here's how it works when you try to cut spending from appropriations 
bills: If your amendment to cut spending passes, the category that 
money came from remains intact, and the money you saved can be spent 
somewhere else in that category.
  It you want to avoid the trap I just described, you also have to get 
approval to cut the category. And categories are very important in 
Congress--we have rules that say you need 60, not 50, votes to reduce 
these privileged entities.
  But there's more. Even if the House and Senate agree on similar 
spending and category cuts, the conference committee that comes up with 
the final bill is completely free to reinsert whatever funding might 
have been cut.
  This really happens. It happened last year to a spending cut 
amendment I offered. After the Senate agreed to cut $22 million from 
something called the High Temperature Gas Reactor, the conference 
committee scaled the reduction down to $10 million. Half a loaf, but 
still $10 million in deficit reduction, right? Wrong. The Energy and 
Water Appropriations bill which funded the HTGR actually increased in 
size after conference, gaining an extra $20 million out of thin air.

  Let me make an analogy between cutting spending under the present 
system and basketball. Imagine you make a free throw--cut a specific 
program--but it doesn't count unless you go back to the three-point 
line and make the shot again--cut the category. Then, if you manage to 
make both shots, you have to go back to the half-court line and sink a 
shot from there--keep cuts in conference report--in order to get credit 
for a single free throw, or a single deficit reduction amendment.
  Mr. President, if we created this maze, we can straighten it out. We 
have to turn the process around so that it's as easy to cut spending in 
the future as it is to protect spending now. That means a new system.
  First, the House and Senate would have overall common spending 
targets by appropriations subcommittees; second, any amendment could 
specify a program cut and a cut in the overall allocation, and be 
passed by majority vote; and third, the conference committee could not 
report a bill that spent more than either the House or Senate version.
  Americans are right when they think that we are truly inspired when 
it comes to spending; we need to bring the same zeal to cutting 
spending.
  And last, we need to apply that same zeal to tax and spending 
entitlements. It's clear that I think we need real reform on the 
discretionary side of the budget, but it's also clear that Congress 
needs to take on the uncontrolled spending in tax loopholes and 
spending entitlements. Even as I pursue the proposals I've just 
outlined, I will fight for control of health care entitlements as a 
part of health care reform, and will look for new ways to curb the 
excesses in the Tax Code that I have long fought as wasteful and budget 
busting.
  I ask unanimous consent that a description of the bill and its 
purpose, and the text of the legislation be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1940

       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 ``Spending Reduction and 
     Budget Control Act of 1994.''

     SEC. 2. JOINT RESOLUTION ALLOCATING APPROPRIATED SPENDING.

       (a) Committee on Appropriations Resolution.--Section 302(b) 
     of the Congressional Budget Act of 1974 is amended to read as 
     follows:
       ``(b) Committee Suballocations.--
       ``(1) Committees on appropriations.--(A) As soon as 
     practical after a concurrent resolution on the budget is 
     agreed to, the Committee on Appropriations of each House 
     shall, after consulting with Committee on Appropriations of 
     the other House, report to its House an original joint 
     resolution on appropriations allocations (referred to in the 
     paragraph as the `joint resolution') that contains the 
     following:
       ``(i) A subdivision among its subcommittees of the 
     allocation of budget outlays and new budget authority 
     allocated to it in the joint explanatory statement 
     accompanying the conference report on such concurrent 
     resolution.
       ``(ii) A subdivision of the amount with respect to each 
     such subcommittee between controllable amounts and all other 
     amounts.

     The joint resolution shall be placed on the calendar pending 
     disposition of such joint resolution in accordance with this 
     subsection.
       ``(B)(i) Except as provided in clause (ii), the provisions 
     of section 305 for the consideration in the Senate of 
     concurrent resolutions on the budget and conference reports 
     thereon shall also apply to the consideration in the Senate 
     of joint resolutions reported under this paragraph and 
     conference reports thereon.
       ``(ii)(I) Debate in the Senate on any joint resolution 
     reported under this paragraph, and all amendments thereto and 
     debatable motions and appeals in connection therewith, shall 
     be limited to not more than 20 hours.
       ``(II) The Committee on Appropriations shall manage the 
     joint resolution.
       ``(C) The allocations of the Committees on Appropriations 
     shall not take effect until the joint resolution is enacted 
     into law.
       ``(2) Other committees.--As soon as practicable after a 
     concurrent resolution on the budget is agreed to every 
     committee of the House and Senate (other than the Committees 
     on Appropriations) to which an allocation was made in such 
     joint explanatory statement shall, after consulting with the 
     committee or committees of the other House to which all or 
     part of its allocation was made--
       ``(A) subdivide such allocation among its subcommittees or 
     among programs over which it has jurisdiction; and
       ``(B) further subdivide the amount with respect to each 
     subcommittee or program between controllable amounts and all 
     other amounts.

     Each such committee shall promptly report to its House the 
     subdivisions made by it pursuant to this paragraph.''.
       (b) Point of Order.--Section 302(c) of the Congressional 
     Budget Act of 1974 is amended by striking ``such committee 
     makes the allocation or subdivisions required by'' and 
     inserting ``such committee makes the allocation or 
     subdivisions in accordance with''.
       (c) Alteration of Allocations.--Section 302(e) of the 
     Congressional Budget Act of 1974 is amended to read as 
     follows:
       ``(e) Alteration of Allocations.--
       ``(1) Any alteration of allocations made under paragraph 
     (1) of subsection (b) proposed by the Committee on 
     Appropriations of either House shall be subject to approval 
     as required by such paragraph.
       ``(2) At any time after a committee reports the allocations 
     required to be made under subsection (b)(2), such committee 
     may report to its House an alteration of such allocations. 
     Any alteration of such allocations must be consistent with 
     any actions already taken by its House on legislation within 
     the committee's jurisdiction.''.

     SEC. 3. AMENDMENTS TO APPROPRIATIONS BILL.

       Section 302 of the Congressional Budget Act of 1974 is 
     amended by--
       (1) redesignating subsection (g) as subsection (h); and
       (2) inserting after subsection (f) the following:
       ``(g) Amendments to Appropriations Act Reducing 
     Allocations.--
       ``(1) Floor amendments.--Notwithstanding any other 
     provision of this Act, an amendment to an appropriations bill 
     shall be in order if--
       ``(A) such amendment reduces an amount of budget authority 
     provided in the bill and reduces the relevant subcommittee 
     allocation made pursuant to subsection (b)(1) and the 
     discretionary spending limits under section 601(a)(2) for the 
     fiscal year covered by the bill; or
       ``(B) such amendment reduces an amount of budget authority 
     provided in the bill and reduces the relevant subcommittee 
     allocation made pursuant to subsection (b)(1) and the 
     discretionary spending limits under section 601(a)(2) for the 
     fiscal year covered by the bill and the 4 succeeding fiscal 
     years.
       ``(2) Conference reports.--(A) It shall not be in order to 
     consider a conference report on an appropriations bill that 
     contains a provision reducing subcommittee allocations and 
     discretionary spending included in both the bill as passed by 
     the Senate and the House of Representatives if such provision 
     provides reductions in such allocations and spending that are 
     less than those provided in the bill as passed by the Senate 
     or the House of Representatives.
       ``(B) It shall not be in order in the Senate or the House 
     of Representatives to consider a conference report on an 
     appropriations bill that does not include a reduction in 
     subcommittee allocations and discretionary spending in 
     compliance with subparagraph (A) contained in the bill as 
     passed by the Senate and the House of Representatives.''.

     SEC. 4. SECTION 602(b) ALLOCATIONS.

       Section 602(b)(1) of the Congressional Budget Act of 1974 
     is amended to read as follows:
       (1) Suballocations by appropriations committees.--The 
     Committee on Appropriations of each House shall make 
     allocations under subsection (a)(1)(A) or (a)(2) in 
     accordance with section 302(b)(1).''.
                                  ____


    Spending Reduction and Budget Control Act of 1994--Bill Summary

       The legislation introduced today increases the likelihood 
     of deficit reduction and the accountability of the budget 
     process. The bill gives legislators new tools to address 
     spending priorities and deficit reduction.


                   step 1: fix the allocation process

       Problem: A central decision in the Appropriations process 
     is the distribution of available spending authority (BA and 
     outlays) among the thirteen subcommittees. While the Budget 
     Resolution may fix the total spending ceiling, the 
     ``functional categories'' provide little guidance for these 
     ``302/602 (B)'' allocations. As a result, the Appropriations 
     Committee make fundamental decisions about spending 
     priorities that are not subject to the approval by the entire 
     Senate. Additionally, the House and Senate figures often 
     differ.
       Solution: The Congress would be required to consider and 
     approve spending targets for each appropriations 
     subcommittee. This would be done by a Joint Resolution which 
     would: Originate and be managed within the Appropriations 
     Committees; have privileged status and supersede other 
     pending business; limit debate (Reconciliation-type rules--20 
     hour debate), tight germaneness rules for amendments); 
     specify allocations by Subcommittee; meet appropriate overall 
     Budget cap; be passed by both Houses in final form prior to 
     the approval of any Appropriations Bill by either House.
       Subcommittees allocations can be modified in subsequent 
     Appropriations Bills: downward by a majority vote; upward by 
     a three-fifths vote, as is the case today.


 step 2: amendments to appropriations bills should be able to produce 
                  budget savings with a majority vote

       Problem: A valid criticism to any amendment to cut 
     Appropriations is that such amendments are unlikely to result 
     in deficit savings. If a legislator succeeds in cutting an 
     account, the funds saved remain available under the 
     Subcommittee's 302(b)/602(b) allocation to be spent on other 
     items. If the appropriations cut amendment contains 
     reductions in the 302(b)/602(b) allocation, then it is 
     subject to a ``supermajority'' (i.e., three-fifths vote) 
     point of order. Finally, even if both Houses pass similar 
     cuts or if both Houses come in below the 302(b)/602(b) 
     allocation figures, there is no explicit constraint on 
     Conference to maintain deficit reduction.
       Solution: Senators and Representatives would be allowed to 
     offer appropriations cut amendments in one of three forms:
       (i) Cut the program account, but retain current law 
     subcommittee allocation and discretionary cap figures;
       (ii) Cut the program account and drop subcommittee 
     allocation and discretionary cap figures accordingly for 
     current year;
       (iii) Cut the program account and drop subcommittee 
     allocation figure for current year and discretionary cap 
     figure for current year and for an additional four years.
       Any amendment offered in one of the above forms would not 
     be subject to a three-fifths vote point of order.


      step 3: focus the conference committees on deficit reduction

       Problem: Even if each House adopted reduced spending 
     proposals, there's no guarantee that the conference committee 
     will reduce spending. In fact, our experience is that the 
     conference committee can drop cut proposals and even report a 
     bill which increases spending higher than that reported by 
     either House.
       Solution: Conference would not be able to adopt a final 
     302(b)/602(b) allocation figure higher than the highest of 
     the House or Senate figures; if two Houses agree on different 
     budget cuts on the same appropriations bill, Conference would 
     be required to pass savings equal to the lesser of the two 
     packages of budget cuts.
                                 ______

      By Mr. BUMPERS (for himself, Mr. Simon, Mr. Conrad, Mr. 
        Lautenberg, Mr. Feingold, and Mr. Leahy):
  S. 1941. A bill to terminate the Milstar II Communications Satellite 
Program; to the Committee on Armed Services.


                       milstar ii termination act

 Mr. BUMPERS. Mr. President, I introduce legislation to 
terminate the Milstar program on behalf of Senators Simon, Conrad, 
Lautenberg, Feingold, Leahy, and myself.
  This bill would terminate the prohibitively expensive Milstar 
satellite program, a program that the New York Times recently called 
the Pentagon's Pterodactyl. Doing so will save the taxpayers about $800 
million in fiscal year 1995 and as much as $10 to $12 billion through 
fiscal year 2002. Because this money will be borrowed, the total 
savings, including the cost of interest would be some $25 billion over 
the next 35 years.
  Milstar was designed to allow American military forces to endure a 
protracted nuclear conflict of 6 months or more. Today, it is difficult 
to believe that the United States ever planned to fight and win a 
nuclear war lasting months. Nevertheless, Milstar was designed to 
ensure that our surviving leaders could transmit targets and missile 
launch orders to our remaining nuclear forces, even if the rest of 
American society had been obliterated.
  The first Milstar satellite--now designated Milstar I--has just been 
launched, 7 years late, after an expenditure of about $9 billion. A 
second Milstar I satellite will be launched in 1995. The money for 
these two satellites has already been obligated. What is now at issue 
is whether the Pentagon will spend another $10 billion or so for a 
modified system designated Milstar II.
  With the end of the cold war, Congress directed that the Milstar 
program be restructured to save money and to better support regional 
conflicts. The main action taken was to cut the overall number of 
satellites--from 11 to 6--and to add a medium data rate communications 
capability to the third and subsequent satellites. Milstar II is better 
than the original concept. But one cannot turn a sow's ear into a silk 
purse.
  Mr. President, the Pentagon plans on spending at least $10 billion 
from fiscal year 1994 to fiscal year 2002 to design, build, launch and 
operate four redesigned Milstar II satellites and their ground 
terminals. Yet they will be obsolescent by about 2006, when the 
Pentagon will be ready to launch a cheaper, more capable, follow-on 
system.
  There is no question that America's Armed Forces require the best 
communications systems possible. But, despite its huge cost, Milstar II 
will not meet that need. Instead, it provides many capabilities that 
are meaningless in the post-cold war environment. It will provide some 
useful capabilities, but there are better and cheaper alternatives. And 
it does not address many of the Pentagon's most serious communications 
shortfalls.
  Milstar was designed to function in a severe nuclear environment; in 
the presence of interference from sophisticated jammers; in the absence 
of ground stations; and in the face of direct antisatellite attacks. 
With the end of the cold war, that threat is minimal.
  Milstar II will provide only low data rate [LDR] and medium data rate 
[MDR] channels. Encrypted LDR is good for passing short covert messages 
such as launch missiles. According to the Rand Corp., the requirement 
of LDR communications has been declining in recent years. MDR is used 
to transmit phone calls and fax-type materials. Milstar II will provide 
only a fraction of the Pentagon's MDR needs, and many other military 
and commercial satellites provide similar service more efficiently and 
cheaply. It does nothing to improve DOD's rapidly expanding need for 
high data rate [HDR] satellite communications channels. HDR is needed 
to rapidly transmit large data bases and high resolution imagery, both 
critical to timely wartime intelligence. Thus, even after Milstar is 
fully deployed in about 2002, U.S. forces will have to rely on 
alternative satellites to fulfill most of their communications needs in 
a major regional conflict.
  Secretary of Defense Perry has said that Milstar should be judged by 
its antijamming capability. In that regard, the existing satellites of 
the Pentagon's Defense Satellite Communications System [DSCS] have an 
antijamming capability, and they provide high data rate channels not 
provided by Milstar. And, like Milstar, DSCS satellites are hardened 
against the effects of nuclear explosions.
  Recently, the officer formerly in charge of the Air Force budget for 
space systems said that Milstar is ``the clearest example of a cold war 
system whose contributions to military conflicts like Desert Storm * * 
* would be negligible.'' Terminating the program will allow our Defense 
dollars to be spent on programs that truely support the readiness and 
capabilities of our fighting forces.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1941

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

     SECTION 1. TERMINATION OF MILSTAR II COMMUNICATIONS SATELLITE 
                   PROGRAM.

       (a) Termination of Program.--The Secretary of Defense shall 
     terminate the Milstar II Communications Satellite program.
       (b) Payment of Termination Costs.--Funds available on or 
     after the date of the enactment of this Act for obligation 
     for the Milstar II Communications Satellite program may be 
     obligated for that program only for payment of the costs 
     associated with the termination of that program.

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