[Congressional Record Volume 140, Number 35 (Thursday, March 24, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
            MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 1994

                                 ______


                        KERRY AMENDMENT NO. 1576

  Mr. FORD (for Mr. Kerry) proposed an amendment to the bill (S. 1636) 
to authorize appropriations for the Marine Mammal Protection Act of 
1972 and to improve the program to reduce the incidental taking of 
marine mammals during the course of commerical fishing operations, and 
for other purposes; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Marine Mammal Protection Act 
     Amendments of 1994''.

     SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972.

       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 Marine Mammal Protection Act of 1972 
     (16 U.S.C. 1361 et seq.).

     SEC. 3. FINDINGS AND DECLARATION OF POLICY.

       Section 2 (16 U.S.C. 1361) is amended--
       (1) in paragraph (2) by inserting ``essential habitats, 
     including'' after ``made to protect''; and
       (2) in paragraph (5) in the matter following subparagraph 
     (B) by inserting ``and their habitats'' before ``is therefore 
     necessary''.

     SEC. 4. MORATORIUM AND EXCEPTIONS.

       (a) In General.--Section 101(a) (16 U.S.C. 1371(a)) is 
     amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Consistent with the provisions of section 104, 
     permits may be issued by the Secretary for taking, and 
     importation for purposes of scientific research, public 
     display, photography for educational or commercial purposes, 
     or enhancing the survival or recovery of a species or stock, 
     or for importation of polar bear parts (other than internal 
     organs) taken in sport hunts in Canada. Such permits, except 
     permits issued under section 104(c)(5), may be issued if the 
     taking or importation proposed to be made is first reviewed 
     by the Marine Mammal Commission and the Committee of 
     Scientific Advisors on Marine Mammals established under title 
     II. The Commission and Committee shall recommend any proposed 
     taking or importation, other than importation under section 
     104(c)(5), which is consistent with the purposes and policies 
     of section 2 of this Act. If the Secretary issues such a 
     permit for importation, the Secretary shall issue to the 
     importer concerned a certificate to that effect in such form 
     as the Secretary of the Treasury prescribes, and such 
     importation may be made upon presentation of the certificate 
     to the customs officer concerned.'';
       (2) in paragraph (2) in the first sentence, by inserting 
     before the period at the end the following: ``, or in lieu of 
     such permits, authorizations may be granted therefor under 
     section 118, subject to regulations prescribed under that 
     section by the Secretary without regard to section 103'';
       (3) in paragraph (3)(B)--
       (A) by inserting ``, photography for educational or 
     commercial purposes,'' after ``purposes''; and
       (B) by inserting ``or as provided for under paragraph (5) 
     of this subsection,'' after ``subsection,'';
       (4) by amending paragraph (4) to read as follows:
       ``(4)(A) Except as provided in subparagraphs (B) and (C), 
     the provisions of this Act shall not apply to the use of 
     measures--
       ``(i) by the owner of fishing gear or catch, or an employee 
     or agent of such owner, to deter a marine mammal from 
     damaging the gear or catch;
       ``(ii) by the owner of other private property, or an agent, 
     bailee, or employee of such owner, to deter a marine mammal 
     from damaging private property;
       ``(iii) by any person, to deter a marine mammal from 
     endangering personal safety; or
       ``(iv) by a government employee, to deter a marine mammal 
     from damaging public property,

     so long as such measures do not result in the death or 
     serious injury of a marine mammal.
       ``(B) The Secretary shall, through consultation with 
     appropriate experts, and after notice and opportunity for 
     public comment, publish in the Federal Register a list of 
     guidelines for use in safely deterring marine mammals. In the 
     case of marine mammals listed as endangered species or 
     threatened species under the Endangered Species Act of 1973, 
     the Secretary shall recommend specific measures which may be 
     used to nonlethally deter marine mammals. Actions to deter 
     marine mammals consistent with such guidelines or specific 
     measures shall not be a violation of this Act.
       ``(C) If the Secretary determines, using the best 
     scientific information available, that certain forms of 
     deterrence have a significant adverse effect on marine 
     mammals, the Secretary may prohibit such deterrent methods, 
     after notice and opportunity for public comment, through 
     regulation under this Act.
       ``(D) The authority to deter marine mammals pursuant to 
     subparagraph (A) applies to all marine mammals, including all 
     stocks designated as depleted under this Act.'';
       (5) in paragraph (5) by adding at the end the following new 
     subparagraphs:
       ``(D)(i) Upon request therefor by citizens of the United 
     States who engage in a specified activity (other than 
     commercial fishing) within a specific geographic region, the 
     Secretary shall authorize, for periods of not more than 1 
     year, subject to such conditions as the Secretary may 
     specify, the incidental, but not intentional, taking by 
     harassment of small numbers of marine mammals of a species or 
     population stock by such citizens while engaging in that 
     activity within that region if the Secretary finds that such 
     harassment during each period concerned--
       ``(I) will have a negligible impact on such species or 
     stock, and
       ``(II) will not have an unmitigable adverse impact on the 
     availability of such species or stock for taking for 
     subsistence uses pursuant to subsection (b), or section 
     109(f) or pursuant to cooperative agreement under section 
     119.
       ``(ii) The authorization for such activity shall prescribe, 
     where applicable--
       ``(I) permissible methods of taking by harassment pursuant 
     to such activity, and other means of effecting the least 
     practicable impact on such species or stock and its habitat, 
     paying particular attention to rookeries, mating grounds, and 
     areas of similar significance, and on the availability of 
     such species or stock for taking for subsistence uses 
     pursuant to subsection (b) or section 109(f) or pursuant to 
     cooperative agreement under section 119,
       ``(II) the measures that the Secretary determines are 
     necessary to ensure no unmitigable adverse impact on the 
     availability of the species or stock for taking for 
     subsistence uses pursuant to subsection (b) or section 109(f) 
     or pursuant to cooperative agreement under section 119, and
       ``(III) requirements pertaining to the monitoring and 
     reporting of such taking by harassment, including 
     requirements for the independent peer review of proposed 
     monitoring plans or other research proposals where the 
     proposed activity may affect the availability of a species or 
     stock for taking for subsistence uses pursuant to subsection 
     (b) or section 109(f) or pursuant to cooperative agreement 
     under section 119.
       ``(iii) The Secretary shall publish a proposed 
     authorization not later than 45 days after receiving an 
     application under this subparagraph and request public 
     comment through notice in the Federal Register, newspapers of 
     general circulation, and appropriate electronic media and to 
     all locally affected communities for a period of 30 days 
     after publication. Not later than 45 days after the close of 
     the public comment period, if the Secretary makes the 
     findings set forth in clause (i), the Secretary shall issue 
     an authorization with appropriate conditions to meet the 
     requirements of clause (ii).
       ``(iv) The Secretary shall modify, suspend, or revoke an 
     authorization if the Secretary finds that the provisions of 
     clauses (i) or (ii) are not being met.
       ``(v) A person conducting an activity for which an 
     authorization has been granted under this subparagraph shall 
     not be subject to the penalties of this Act for taking by 
     harassment that occurs in compliance with such authorization.
       ``(E)(i) During any period of up to three consecutive 
     years, the Secretary shall allow the incidental, but not the 
     intentional, taking by persons using vessels of the United 
     States or vessels which have valid fishing permits issued by 
     the Secretary in accordance with section 204(b) of the 
     Magnuson Fishery Conservation and Management Act (16 U.S.C. 
     1824(b)), while engaging in commercial fishing operations, of 
     marine mammals from a species or stock designated as depleted 
     because of its listing as an endangered species or threatened 
     species under the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) if the Secretary, after notice and opportunity 
     for public comment, determines that--
       ``(I) the incidental mortality and serious injury from 
     commercial fisheries will have a negligible impact on such 
     species or stock;
       ``(II) a recovery plan has been developed or is being 
     developed for such species or stock pursuant to the 
     Endangered Species Act of 1973; and
       ``(III) where required under section 118, a monitoring 
     program is established under subsection (d) of such section, 
     vessels engaged in such fisheries are registered in 
     accordance with such section, and take reduction plan has 
     been developed or is being developed for such species or 
     stock.
       ``(ii) Upon a determination by the Secretary that the 
     requirements of clause (i) have been met, the Secretary shall 
     publish in the Federal Register a list of those fisheries for 
     which such determination was made, and, for vessels required 
     to register under section 118, shall issue an appropriate 
     permit for each authorization granted under such section to 
     vessels to which this paragraph applies. Vessels engaged in a 
     fishery included in the notice published by the Secretary 
     under this clause which are not required to register under 
     section 118 shall not be subject to the penalties of this Act 
     for the incidental taking of marine mammals to which this 
     paragraph applies, so long as the owner or master of such 
     vessel reports any incidental mortality or injury of such 
     marine mammals to the Secretary in accordance with section 
     118.
       ``(iii) If, during the course of the commercial fishing 
     season, the Secretary determines that the level of incidental 
     mortality or serious injury from commercial fisheries for 
     which a determination was made under clause (i) has resulted 
     or is likely to result in an impact that is more than 
     negligible on the endangered or threatened species or stock, 
     the Secretary shall use the emergency authority granted under 
     section 118 to protect such species or stock, and may modify 
     any permit granted under this paragraph as necessary.
       ``(iv) The Secretary may suspend for a time certain or 
     revoke a permit granted under this subparagraph only if the 
     Secretary determines that the conditions or limitations set 
     forth in such permit are not being complied with. The 
     Secretary may amend or modify, after notice and opportunity 
     for public comment, the list of fisheries published under 
     clause (ii) whenever the Secretary determines there has been 
     a significant chance in the information or conditions used to 
     determine such list.
       ``(v) Sections 103 and 104 shall not apply to the taking of 
     marine mammals under the authority of this subparagraph.
       ``(vi) This paragraph shall not govern the incidental 
     taking of California sea otters and shall not be deemed to 
     amend or repeal the Act of November 7, 1986 (Public Law 99-
     625; 100 Stat. 3500).''; and
       (6) by adding at the end the following new paragraph:
       ``(6)(A) A marine mammal product may be imported into the 
     United States if the product--
       ``(i) was legally possessed and exported by any citizen of 
     the United States in conjunction with travel outside the 
     United States, provided that the product is imported into the 
     United States by the same person upon the termination of 
     travel;
       ``(ii) was acquired outside of the United States as part of 
     a cultural exchange by an Indian, Aleut, or Eskimo residing 
     in Alaska; or
       ``(iii) is owned by a Native inhabitant of Russia, Canada, 
     or Greenland and is imported in conjunction with travel 
     within the United States or as part of a cultural exchange 
     with an Indian, Aleut, or Eskimo residing in Alaska.
       ``(B) For the purposes of this paragraph, the term--
       ``(i) `Native inhabitant of Russia, Canada, or Greenland' 
     means a person residing in Russia, Canada, or Greenland who 
     is related by blood to, is a member of the same clan or 
     ethnological grouping as, or shares a common heritage with, 
     an Indian, Aleut, or Eskimo residing in Alaska; and
       ``(ii) `cultural exchange' means the sharing or exchange of 
     ideas, information, gifts, clothing, or handicrafts between 
     an Indian, Aleut, or Eskimo residing in Alaska and a Native 
     inhabitant of Russia, Canada, or Greenland, including for the 
     purpose of rendering of raw marine mammal parts into clothing 
     or handicrafts through carving, painting, sewing, or 
     decorating.''.
       (b) Actions Affecting Section 101(b).--Section 101(b) (16 
     U.S.C. 1371(b)) is amended by adding at the end the following 
     new sentences: ``In promulgating any regulation or making any 
     assessment pursuant to a hearing or proceeding under this 
     subsection or section 117(b)(2), or in making any 
     determination of depletion under this subsection or finding 
     regarding unmitigable adverse impacts under subsection (a)(5) 
     that affects stocks or persons to which this subsection 
     applies, the Secretary shall be responsible for demonstrating 
     that such regulation, assessment, determination, or finding 
     is supported by substantial evidence on the basis of the 
     record as a whole. The preceding sentence shall only be 
     applicable in an action brought by one or more Alaska Native 
     organizations representing persons to which this subsection 
     applies.''.
       (c) Taking in Defense of Self or Others.--Section 101(c) 
     (16 U.S.C. 1371(c)) is amended to read as follows:
       ``(c) It shall not be a violation of this Act to take a 
     marine mammal if such taking is imminently necessary in self-
     defense or to save the life of a person in immediate danger, 
     and such taking is reported to the Secretary within 48 hours. 
     The Secretary may seize and dispose of any carcass.''.

     SEC. 5. PERMITS.

       (a) Prohibitions.--Section 102(a) (16 U.S.C. 1372(a)) is 
     amended--
       (1) in paragraph (2)(B) by striking ``for any purpose in 
     any way connected with the taking or importation of'' and 
     inserting ``to take or import''; and
       (2) in paragraph (4) by--
       (A) striking ``or offer to purchase or sell'' and inserting 
     ``export, or offer to purchase, sell, or export'';
       (B) striking ``product; and'' and inserting ``product--''; 
     and
       (C) inserting after and below the text of the paragraph the 
     following:
       ``(A) that is taken in violation of this Act; or
       ``(B) for any purpose other than public display, scientific 
     research, or enhancing the survival of a species or stock as 
     provided for under subsection 104(c); and''.
       (b) Permits.--Section 104 (16 U.S.C. 1374) is amended--
       (1) in subsection (a) by inserting ``except for the 
     incidental taking of marine mammals in the course of 
     commercial fishing operations'' before the period at the end;
       (2) in subsection (c)--
       (A) in paragraph (1) in the first sentence by striking 
     ``and after'';
       (B) by amending paragraph (2) to read as follows:
       ``(2)(A) A permit may be issued to take or import a marine 
     mammal for the purpose of public display only to a person 
     which the Secretary determines--
       ``(i) offers a program for education or conservation 
     purposes that is based on professionally recognized standards 
     of the public display community;
       ``(ii) is registered or holds a license issued under the 
     Animal Welfare Act (7 U.S.C. 2131 et seq.); and
       ``(iii) maintains facilities for the public display of 
     marine mammals that are open to the public on a regularly 
     scheduled basis and that access to such facilities is not 
     limited or restricted other than by charging of an admission 
     fee.
       ``(B) A permit under this paragraph shall grant to the 
     person to which it is issued the right, without obtaining any 
     additional permit or authorization under this Act, to--
       ``(i) take, import, purchase, offer to purchase, possess, 
     or transport the marine mammal that is the subject of the 
     permit; and
       ``(ii) sell, export, or otherwise transfer possession of 
     the marine mammal, or offer to sell, export, or otherwise 
     transfer possession of the marine mammal--
       ``(I) for the purpose of public display, to a person that 
     meets the requirements of clauses (i), (ii), and (iii) of 
     subparagraph (A);
       ``(II) for the purpose of scientific research, to a person 
     that meets the requirements of paragraph (3); or
       ``(III) for the purpose of enhancing the survival or 
     recovery of a species or stock, to a person that meets the 
     requirements of paragraph (4).
       ``(C) A person to which a marine mammal is sold or exported 
     or to which possession of a marine mammal is otherwise 
     transferred under the authority of subparagraph (B) shall 
     have the rights and responsibilities described in 
     subparagraph (B) with respect to the marine mammal without 
     obtaining any additional permit or authorization under this 
     Act. Such responsibilities shall be limited to--
       ``(i) for the purpose of public display, the responsibility 
     to meet the requirements of clauses (i), (ii), and (iii) of 
     subparagraph (A),
       ``(ii) for the purpose of scientific research, the 
     responsibility to meet the requirements of paragraph (3), and
       ``(iii) for the purpose of enhancing the survival or 
     recovery of a species or stock, the responsibility to meet 
     the requirements of paragraph (4).
       ``(D) If the Secretary--
       ``(i) finds in concurrence with the Secretary of 
     Agriculture, that a person that holds a permit under this 
     paragraph for a marine mammal, or a person exercising rights 
     under subparagraph (C), no longer meets the requirements of 
     subparagraph (A)(ii) and is not reasonably likely to meet 
     those requirements in the near future, or
       ``(ii) finds that a person that holds a permit under this 
     paragraph for a marine mammal, or a person exercising rights 
     under subparagraph (C), no longer meets the requirements of 
     subparagraph (A)(i) or (iii) and is not reasonably likely to 
     meet those requirements in the near future,

     the Secretary may revoke the permit in accordance with 
     section 104(e), seize the marine mammal, or cooperate with 
     other persons authorized to hold marine mammals under this 
     Act for disposition of the marine mammal. The Secretary may 
     recover from the person expenses incurred by the Secretary 
     for that seizure.
       ``(E) No marine mammal held pursuant to a permit issued 
     under subparagraph (A), or by a person exercising rights 
     under subparagraph (C), may be sold, purchased, exported, or 
     transported unless the Secretary is notified of such action 
     no later than 15 days before such action, and such action is 
     for purposes of public display, scientific research, or 
     enhancing the survival or recovery of a species or stock. The 
     Secretary may only require the notification to include the 
     information required for the inventory established under 
     paragraph (10).'';
       (C) by amending paragraph (3) to read as follows:
       ``(3)(A) The Secretary may issue a permit under this 
     paragraph for scientific research purposes to an applicant 
     which submits with its permit application information 
     indicating that the taking is required to further a bona fide 
     scientific purpose. The Secretary may issue a permit under 
     this paragraph before the end of the public review and 
     comment period required under subsection (d)(2) if delaying 
     issuance of the permit could result in injury to a species, 
     population, or individual, or in loss of unique research 
     opportunities.
       ``(B) No permit issued for purposes of scientific research 
     shall authorize the lethal taking of a marine mammal unless 
     the applicant demonstrates that a nonlethal method of 
     conducting the research is not feasible. The Secretary shall 
     not issue a permit for research which involves the lethal 
     taking of a marine mammal from a species or stock that is 
     depleted, unless the Secretary determines that the results of 
     such research will directly benefit that species or stock, or 
     that such research fulfills a critically important research 
     need.
       ``(C) Not later than 120 days after the date of enactment 
     of the Marine Mammal Protection Act Amendments of 1994, the 
     Secretary shall issue a general authorization and 
     implementing regulations allowing bona fide scientific 
     research that may result only in taking by Level B harassment 
     of a marine mammal. Such authorization shall apply to persons 
     which submit, by 60 days before commencement of such 
     research, a letter of intent via certified mail to the 
     Secretary containing the following:
       ``(i) The species or stocks of marine mammals which may be 
     harassed.
       ``(ii) The geographic location of the research.
       ``(iii) The period of time over which the research will be 
     conducted.
       ``(iv) The purpose of the research, including a description 
     of how the definition of bona fide research as established 
     under this Act would apply.
       ``(v) Methods to be used to conduct the research.

     Not later than 30 days after receipt of a letter of intent to 
     conduct scientific research under the general authorization, 
     the Secretary shall issue a letter to the applicant 
     confirming that the general authorization applies, or, if the 
     proposed research is likely to result in the taking 
     (including Level A harassment) of a marine mammal, shall 
     notify the applicant that subparagraph (A) applies.''; and
       (D) by adding at the end the following new paragraphs:
       ``(5)(A) The Secretary may issue a permit for the 
     importation of polar bear parts (other than internal organs) 
     taken in sport hunts in Canada, including polar bears taken 
     prior to the date of enactment of the Marine Mammal 
     Protection Act Amendments of 1994, to an applicant which 
     submits with its permit application proof that the polar bear 
     was legally harvested in Canada. Such a permit shall be 
     issued if the Secretary, in consultation with the Marine 
     Mammal Commission and after notice and opportunity for public 
     comment, finds that--
       ``(i) Canada has a monitored and enforced sport hunting 
     program consistent with the purposes of the Agreement on the 
     Conservation of Polar Bears;
       ``(ii) Canada has a sport hunting program based on 
     scientifically sound quotas ensuring the maintenance of a 
     sustainable population stock;
       ``(iii) the export and subsequent import are consistent 
     with the provisions of the Convention on International Trade 
     in Endangered Species of Wild Fauna and Flora and other 
     international agreements and conventions; and
       ``(iv) the export and subsequent import are not likely to 
     contribute to illegal trade in bear parts.
       ``(B) The Secretary shall establish and charge a reasonable 
     fee for permits issued under this paragraph. All fees 
     collected under this paragraph shall be available to the 
     Secretary for use in developing and implementing cooperative 
     research and management programs for the conservation of 
     polar bears in Alaska and Russia pursuant to section 113(d).
       ``(C)(i) The Secretary shall undertake a scientific review 
     of the impact of permits issued under this paragraph on the 
     polar bear stock in Canada within 2 years after the date of 
     enactment of this paragraph. The Secretary shall provide an 
     opportunity for public comment during the course of such 
     review, and shall include a response to such public comment 
     in the final report on such review.
       ``(ii) The Secretary shall not issue permits under this 
     paragraph after September 30, 1996, if the Secretary 
     determines, based on the scientific review, that the issuance 
     of permits under this paragraph is having a significant 
     adverse impact on the polar bear stock in Canada. The 
     Secretary may review such determination annually thereafter, 
     in light of the best scientific information available, and 
     shall complete the review not later than January 31 in any 
     year a review is undertaken. The Secretary may issue permits 
     under this paragraph whenever the Secretary determines, on 
     the basis of such annual review, that the issuance of permits 
     under this paragraph is not having a significant adverse 
     impact on the polar bear stock in Canada.
       ``(6) A permit may be issued for photography for 
     educational or commercial purposes involving marine mammals 
     in the wild only to an applicant which submits with its 
     permit application information indicating that the taking 
     will be limited to Level B harassment, and the manner in 
     which the products of such activities will be made available 
     to the public.
       ``(7) Upon request by a person for a permit under paragraph 
     (2), (3), or (4) for a marine mammal which is in the 
     possession of any person authorized to possess it under this 
     Act and which is determined under guidance under section 
     402(a) not to be releasable to the wild, the Secretary shall 
     issue the permit to the person requesting the permit if that 
     person--
       ``(A) meets the requirements of clauses (i), (ii), and 
     (iii) of paragraph (2)(A), in the case of a request for a 
     permit under paragraph (2);
       ``(B) meets the requirements of paragraph (3), in the case 
     of a request for a permit under that paragraph; or
       ``(C) meets the requirements of paragraph (4), in the case 
     of a request for a permit under that paragraph.
       ``(8)(A) No additional permit or authorization shall be 
     required to possess, sell, purchase, transport, export, or 
     offer to sell or purchase the progeny of marine mammals taken 
     or imported under this subsection, if such possession, sale, 
     purchase, transport, export, or offer to sell or purchase 
     is--
       ``(i) for the purpose of public display, and by or to, 
     respectively, a person which meets the requirements of 
     clauses (i), (ii), and (iii) of paragraph (2)(A);
       ``(ii) for the purpose of scientific research, and by or 
     to, respectively, a person which meets the requirements of 
     paragraph (3), or
       ``(iii) for the purpose of enhancing the survival or 
     recovery of a species or stock, and by or to, respectively, a 
     person which meets the requirements of paragraph (4).
       ``(B)(i) A person which has a permit under paragraph (2), 
     or a person exercising rights under paragraph (2)(C), which 
     has possession of a marine mammal that gives birth to progeny 
     shall--
       ``(I) notify the Secretary of the birth of such progeny 
     within 30 days after the date of birth; and
       ``(II) notify the Secretary of the sale, purchase, or 
     transport of such progeny no later than 15 days before such 
     action.
       ``(ii) The Secretary may only require notification under 
     clause (i) to include the information required for the 
     inventory established under paragraph (10).
       ``(C) Any progeny of a marine mammal born in captivity 
     before the date of the enactment of the Marine Mammal 
     Protection Act Amendments of 1994 and held in captivity for 
     the purpose of public display shall be treated as though born 
     after that date of enactment.
       ``(9) No marine mammal may be exported for the purpose of 
     public display, scientific research, or enhancing the 
     survival or recovery of a species or stock unless the 
     receiving facility meets standards that are comparable to the 
     requirements that a person must meet to receive a permit 
     under this subsection for that purpose.
       ``(10) The Secretary shall establish and maintain an 
     inventory of all marine mammals possessed pursuant to permits 
     issued under paragraph (2)(A), by persons exercising rights 
     under paragraph (2)(C), and all progeny of such marine 
     mammals. The inventory shall contain, for each marine mammal, 
     only the following information which shall be provided by a 
     person holding a marine mammal under this Act:
       ``(A) The name of the marine mammal or other 
     identification.
       ``(B) The sex of the marine mammal.
       ``(C) The estimated or actual birth date of the marine 
     mammal.
       ``(D) The date of acquisition or disposition of the marine 
     mammal by the permit holder.
       ``(E) The source from whom the marine mammal was acquired 
     including the location of the take from the wild, if 
     applicable.
       ``(F) If the marine mammal is transferred, the name of the 
     recipient.
       ``(G) A notation if the animal was acquired as the result 
     of a stranding.
       ``(H) The date of death of the marine mammal and the cause 
     of death when determined.''; and
       (3) in subsection (e)(1) by--
       (A) striking ``or'' at the end of subparagraph (A);
       (B) striking the period at the end of subparagraph (B) and 
     inserting ``, or''; and
       (C) adding at the end the following new subparagraph:
       ``(C) if, in the case of a permit under subsection (c)(5) 
     authorizing importation of polar bear parts, the Secretary, 
     in consultation with the appropriate authority in Canada, 
     determines that the sustainability of Canada's polar bear 
     population stocks are being adversely affected or that sport 
     hunting may be having a detrimental effect on maintaining 
     polar bear population stocks throughout their range.''.
       (c) Existing Permits.--Any permit issued under section 
     104(c)(2) of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1374(c)(2)) before the date of the enactment of this 
     Act is hereby modified to be consistent with that section as 
     amended by this Act.

     SEC. 6. PURPOSE AND USE OF THE FUND.

       Section 405 (16 U.S.C. 1421d) as so redesignated by this 
     Act, is amended--
       (1) in subsection (b)(1)(A)--
       (A) by striking ``and'' at the end of clause (i); and
       (B) by inserting at the end the following new clause:
       ``(iii) for care and maintenance of a marine mammal seized 
     under section 104(c)(2)(D); and''; and
       (2) in subsection (d) by striking ``For purposes of 
     carrying out this title, the'' and inserting ``The''.

     SEC. 7. APPLICATION TO OTHER TREATIES AND CONVENTIONS.

       Section 113 (16 U.S.C. 1383) is amended by--
       (1) designating the existing paragraph as subsection (a); 
     and
       (2) adding at the end the following new subsections:
       ``(b) Not later than 1 year after the date of enactment of 
     the Marine Mammal Protection Act Amendments of 1994, the 
     Secretary of the Interior shall, in consultation with the 
     contracting parties, initiate a review of the effectiveness 
     of the Agreement on the Conservation of Polar Bears, as 
     provided for in Article IX of the Agreement, and establish a 
     process by which future reviews shall be conducted.
       ``(c) The Secretary of the Interior, in consultation with 
     the Secretary of State and the Marine Mammal Commission, 
     shall review the effectiveness of United States 
     implementation of the Agreement on the Conservation of Polar 
     Bears, particularly with respect to the habitat protection 
     mandates contained in Article II. The Secretary shall report 
     the results of this review to the Committee on Merchant 
     Marine and Fisheries of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate not later than April 1, 1995.
       ``(d) Not later than 6 months after the date of enactment 
     of the Marine Mammal Protection Act Amendments of 1994, the 
     Secretary of the Interior, acting through the Secretary of 
     State and in consultation with the Marine Mammal Commission 
     and the State of Alaska, shall consult with the appropriate 
     officials of the Russian Federation on the development and 
     implementation of enhanced cooperative research and 
     management programs for the conservation of polar bears in 
     Alaska and Russia. The Secretary shall report the results of 
     this consultation and provide periodic progress reports on 
     the research and management programs to the Committee on 
     Merchant Marine and Fisheries of the House of 
     Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate.''.

     SEC. 8. CONSERVATION PLANS.

       Section 115(b) (16 U.S.C. 1383b(b)) is amended by adding at 
     the end the following new paragraph:
       ``(4) If the Secretary determines that a take reduction 
     plan is necessary to reduce the incidental taking of marine 
     mammals in the course of commercial fishing operations from a 
     strategic stock, or for species or stocks which interact with 
     a commercial fishery for which the Secretary has made a 
     determination under section 118(b)(1), any conservation plan 
     prepared under this subsection for such species or stock 
     shall incorporate the take reduction plan required under 
     section 118 for such species or stock.''.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) Departments of Commerce and the Interior.--Section 116 
     is amended to read as follows:

     ``SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Department of Commerce.--(1) There are authorized to 
     be appropriated to the Department of Commerce, for purposes 
     of carrying out its functions and responsibilities under this 
     title (other than sections 117 and 118) and title IV, 
     $12,138,000 for fiscal year 1994, $12,623,000 for fiscal year 
     1995, $13,128,000 for fiscal year 1996, $13,653,000 for 
     fiscal year 1997, $14,200,000 for fiscal year 1998, and 
     $14,768,000 for fiscal year 1999.
       ``(2) There are authorized to be appropriated to the 
     Department of Commerce, for purposes of carrying out sections 
     117 and 118, $200,000,000 for each of the fiscal years 1994 
     through 1999.
       ``(b) Department of the Interior.--There are authorized to 
     be appropriated to the Department of the Interior, for 
     purposes of carrying out its functions and responsibilities 
     under this title, $8,000,000 for fiscal year 1994, $8,600,000 
     for fiscal year 1995, $9,000,000 for fiscal year 1996, 
     $9,400,000 for fiscal year 1997, $9,900,000 for fiscal year 
     1998, and $10,296,000 for fiscal year 1999.''.
       (b) Marine Mammal Commission.--Section 207 is amended to 
     read as follows:

     ``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Marine 
     Mammal Commission, for purposes for carrying out his title, 
     $1,500,000 for fiscal year 1994, $1,550,000 for fiscal year 
     1995, $1,600,000 for fiscal year 1996, $1,650,000 for fiscal 
     year 1997, $1,700,000 for fiscal year 1998, and $1,750,000 
     for fiscal year 1993.''.
       (c) Repeal.--Section 7 of the Act entitled ``An Act to 
     improve the Operations of the Marine Mammal Protection Act of 
     1972, and for other purposes'', approved October 9, 1981 (16 
     U.S.C. 1384 and 1409), is repealed.

     SEC. 10. STOCK ASSESSMENTS.

       Title I (16 U.S.C. 1371 et seq.) is amended by adding at 
     the end the following new section:

     ``SEC. 117. STOCK ASSESSMENTS.

       ``(a) In General.--Not later than August 1, 1994, the 
     Secretary shall, in consultation with the appropriate 
     regional scientific review group established under subsection 
     (d), a prepare a draft stock assessment for which occurs in 
     waters under the jurisdiction of the United States. Each 
     draft stock assessment, based on the best scientific 
     information available, shall--
       ``(1) describe the geographic range of the affected stock, 
     including any seasonal or temporal variation in such range;
       ``(2) provide for such stock the maximum population 
     estimate, current and maximum net productivity rates, and 
     current population trend, including description of the 
     information upon which these are based;
       ``(3) estimate the annual human-caused mortality and 
     serious injury of the stock by source and, for a strategic 
     stock, other factors that may be causing a decline or 
     impeding recovery of the stock, including effects on marine 
     mammal habitat and prey;
       ``(4) describe commercial fisheries that interact with the 
     stock, including--
       ``(A) the approximate number of vessels actively 
     participating in each such fishery;
       ``(B) the estimated level of incidental mortality and 
     serious injury of the stock by each such fishery on an annual 
     basis;
       ``(C) seasonal or area differences in such incidental 
     mortality or serious injury; and
       ``(D) the rate, based on the appropriate standard unit of 
     fishing effort, of such incidental mortality and serious 
     injury, and an analysis stating whether such level is 
     insignificant and is approaching a zero mortality and serious 
     injury rate;
       ``(5) categorize the status of the stock as one that 
     either--
       ``(A) has a level of human-caused mortality and serious 
     injury that is not likely to cause the stock to be reduced 
     below its optimum sustainable population; or
       ``(B) is a strategic stock, with a description of the 
     reasons therefor; and
       ``(6) estimate the potential biological removal level for 
     the stock, describing the information used to calculate it, 
     including the recovery factor.
       ``(b) Public Comment.--(1) The Secretary shall publish in 
     the Federal Register a notice of the availability of a draft 
     stock assessment or any revision thereof and provide an 
     opportunity for public review and comment during a period of 
     90 days. Such notice shall include a summary of the 
     assessment and a list of the sources of information or 
     published reports upon which the assessment is based.
       ``(2) Subsequent to the notice of availability required 
     under paragraph (1), if requested by a person to which 
     section 101(b) applies, the Secretary shall conduct a 
     proceeding on the record prior to publishing a final stock 
     assessment or any revision thereof for any stock subject to 
     taking under section 101(b).
       ``(3) After consideration of the best scientific 
     information available, the advice of the appropriate regional 
     scientific review group established under subsection (d), and 
     the comments of the general public, the Secretary shall 
     publish in the Federal Register a notice of availability and 
     a summary of the final stock assessment or any revision 
     thereof, not later than 90 days after--
       ``(A) the close of the public comment period on a draft 
     stock assessment or revision thereof; or
       ``(B) final action on an agency proceeding pursuant to 
     paragraph (2).
       ``(c) Review and Revision.--(1) The Secretary shall review 
     stock assessments in accordance with this subsection--
       ``(A) at least annually for stock which are specified as 
     strategic stocks;
       ``(B) at least annually for stocks for which significant 
     new information is available; and
       ``(C) at least once every 3 years for all other stocks.
       ``(2) If the review under paragraph (1) indicates that the 
     status of the stock has changed or can be more accurately 
     determined, the Secretary shall revise the stock assessment 
     in accordance with subsection (b).
       ``(d) Regional Scientific Review Groups.--(1) Not later 
     than 60 days after the date of enactment of this section, the 
     Secretary of Commerce shall, in consultation with the 
     Secretary of the Interior (with respect to marine mammals 
     under the Secretary's jurisdiction), the Marine Mammal 
     Commission, the Governors of affected adjacent coastal 
     States, regional fishery and wildlife management authorities, 
     Alaska Native organizations and Indian tribes, and 
     environmental and fishery groups, establish three independent 
     regional scientific review groups representing Alaska, the 
     Pacific Coast (including Hawaii), and the Atlantic Coast 
     (including the Gulf of Mexico), consisting of individuals 
     with expertise in marine mammal biology and ecology, 
     population dynamics and modeling, commercial fishing 
     technology and practices, and stocks taken under section 
     101(b). The Secretary of Commerce shall, to the maximum 
     extent practicable, attempt to achieve a balanced 
     representation of viewpoints among the individuals on each 
     regional scientific review group. The regional scientific 
     review groups shall advise the Secretary on--
       ``(A) population estimates and the population status and 
     trends of such stocks;
       ``(B) uncertainties and research needed regarding stock 
     separation, abundance, or trends, and factors affecting the 
     distribution, size, or productivity of the stock;
       ``(C) uncertainties and research needed regarding the 
     species, number, ages, gender, and reproductive status of 
     marine mammals;
       ``(D) research needed to identify modifications in fishing 
     gear and practices likely to reduce the incidental mortality 
     and serious injury of marine mammals in commercial fishing 
     operations;
       ``(E) the potential impacts of habitat destruction, 
     including marine pollution and natural environmental change, 
     on specific marine mammal species or stocks; and
       ``(F) any other issue which the Secretary or the groups 
     consider appropriate.
       ``(2) The scientific review groups established under this 
     subsection shall not be subject to the Federal Advisory 
     Committee Act (5 App. U.S.C.).
       ``(3) Members of the scientific review groups shall serve 
     without compensation, but may be reimbursed by the Secretary, 
     upon request, for reasonable travel costs and expenses 
     incurred in performing their obligations.
       ``(4) The Secretary may appoint or reappoint individuals to 
     the regional scientific review groups under paragraph (1) as 
     needed.
       ``(e) Effect on Section 101(b).--This section shall not 
     affect or otherwise modify the provisions of section 
     101(b).''.

     SEC. 11. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL 
                   FISHING OPERATIONS.

       Title I (16 U.S.C. 1371 et seq.), as amended by this Act, 
     is further amended by adding at the end the following new 
     section:

     ``SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL 
                   FISHING OPERATIONS.

       ``(a) In General.--(1) Effective on the date of enactment 
     of this section, and except as provided in section 114 and in 
     paragraphs (2), (3), and (4) of this subsection, the 
     provisions of this section shall govern the incidental taking 
     of marine mammals in the course of commercial fishing 
     operations by persons using vessels of the United States or 
     vessels which have valid fishing permits issued by the 
     Secretary in accordance with section 204(b) of the Magnuson 
     Fishery Conservation and Management Act (16 U.S.C. 1824(b)). 
     In any event it shall be the immediate goal that the 
     incidental mortality or serious injury of marine mammals 
     occurring in the course of commercial fishing operations be 
     reduced to insignificant levels approaching a zero mortality 
     and serious injury rate within 7 years after the date of 
     enactment of this section.
       ``(2) In the case of the incidental taking of marine 
     mammals from species or stocks designated under this Act as 
     depleted on the basis of their listing as threatened species 
     or endangered species under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.), both this section and section 
     101(a)(5)(E) of this Act shall apply.
       ``(3) Sections 104(h) and title III, and not this section, 
     shall govern the taking of marine mammals in the course of 
     commercial purse seine fishing for yellowfin tuna in the 
     eastern tropical Pacific Ocean.
       ``(4) This section shall not govern the incidental taking 
     of California sea otters and shall not be deemed to amend or 
     repeal the Act of November 7, 1986 (Public Law 99-625; 100 
     Stat. 3500).
       ``(5) Except as provided in section 101(c), the intentional 
     lethal take of any marine mammal in the course of commercial 
     fishing operations is prohibited.
       ``(6) Sections 103 and 104 shall not apply to the 
     incidental taking of marine mammals under the authority of 
     this section.
       ``(b) Zero Mortality Rate Goal.--(1) Commercial fisheries 
     shall reduce incidental mortality and serious injury of 
     marine mammals to insignificant levels approaching a zero 
     mortality and serious injury rate within 7 years after the 
     date of enactment of this section.
       ``(2) Fisheries which maintain insignificant serious injury 
     and mortality levels approaching a zero rate shall not be 
     required to further reduce their mortality and serious injury 
     rates.
       ``(3) Three years after such date of enactment, the 
     Secretary shall review the progress of all commercial 
     fisheries, by fishery, toward reducing incidental mortality 
     and serious injury to insignificant levels approaching a zero 
     rate. The Secretary shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and 
     the Committee on Merchant Marine and Fisheries of the 
     House of Representatives a report setting forth the 
     results of such review within 1 year after commencement of 
     the review. The Secretary shall note any commercial 
     fishery for which additional information is required to 
     accurately assess the level of incidental mortality and 
     serious injury of marine mammals in the fishery.
       ``(4) If the Secretary determines after review under 
     paragraph (3) that the rate of incidental mortality and 
     serious injury of marine mammals in a commercial fishery is 
     not consistent with paragraph (1), then the Secretary shall 
     take appropriate action under subsection (f).
       ``(c) Registration and Authorization.--(1) The Secretary 
     shall, within 90 days after the date of enactment of this 
     section--
       ``(A) publish in the Federal Register for public comment, 
     for a period of not less than 90 days, any necessary changes 
     to the Secretary's list of commercial fisheries published 
     under section 114(b)(1) and which is in existence on March 
     31, 1994 (along with an explanation of such changes and a 
     statement describing the marine mammal stocks interacting 
     with, and the approximate number of vessels or persons 
     actively involved in, each such fishery) that have--
       ``(i) frequent incidental mortality and serious injury of 
     marine mammals;
       ``(ii) occasional incidental mortality and serious injury 
     of marine mammals; or
       ``(iii) a remote likelihood of or no known incidental 
     mortality or serious injury of marine mammals;
       ``(B) after the close of the period for such public 
     comment, publish in the Federal Register a revised list of 
     commercial fisheries and an update of information required by 
     subparagraph (A), together with a summary of the provisions 
     of this section and information sufficient to advise vessel 
     owners on how to obtain an authorization and otherwise comply 
     with the requirements of this section; and
       ``(C) at least once each year thereafter, and at such other 
     times as the Secretary considers appropriate, reexamine, 
     based on information gathered under this Act and other 
     relevant sources and after notice and opportunity for public 
     comment, the classification of commercial fisheries and other 
     determinations required under subparagraph (A) and publish in 
     the Federal Register any necessary changes.
       ``(2)(A) An authorization shall be granted by the Secretary 
     in accordance with this section for a vessel engaged in a 
     commercial fishery listed under paragraph (1)(A)(i) or (ii), 
     upon receipt by the Secretary of a completed registration 
     form providing the name of the vessel owner and operator, the 
     name and description of the vessel, the fisheries in which it 
     will be engaged, the approximate time, duration, and location 
     of such fishery operations, and the general type and nature 
     of use of the fishing gear and techniques used. Such 
     information shall be in a readily usable format that can be 
     efficiently entered into and utilized by an automated or 
     computerized data processing system. A decal or other 
     physical evidence that the authorization is current and valid 
     shall be issued by the Secretary at the time an authorization 
     is granted, and so long as the authorization remains current 
     and valid, shall be reissued annually thereafter.
       ``(B) No authorization may be granted under this section to 
     the owner of a vessel unless such vessel--
       ``(i) is a vessel of the United States; or
       ``(ii) has a valid fishing permit issued by the Secretary 
     in accordance with section 204(b) of the Magnuson Fishery 
     Conservation and Management Act (16 U.S.C. 1824(b)).
       ``(C) Except as provided in subsection (a), an 
     authorization granted under this section shall allow the 
     incidental taking of all species and stocks of marine mammals 
     to which this Act applies.
       ``(3)(A) An owner of a vessel engaged in any fishery listed 
     under paragraph (1)(A)(i) or (ii) shall, in order to engage 
     in the lawful incidental taking of marine mammals in a 
     commercial fishery--
       ``(i) have registered as required under paragraph (2) with 
     the Secretary in order to obtain for each such vessel owned 
     and used in the fishery an authorization for the purpose of 
     incidentally taking marine mammals in accordance with this 
     section, except that owners of vessels holding valid 
     certificates of exemption under section 114 are deemed to 
     have registered for purposes of this subsection for the 
     period during which such registration is valid;
       ``(ii) ensure that a decal or such other physical evidence 
     of a current and valid authorization as the Secretary may 
     require is displayed on or is in the possession of the master 
     of each such vessel;
       ``(iii) report as required by subsection (e); and
       ``(iv) comply with a take reduction plan and emergency 
     regulations issued under this section.
       ``(B) Any owner of a vessel receiving an authorization 
     under this section for any fishery listed under paragraph 
     (1)(A)(i) or (ii) shall, as a condition of that 
     authorization, take on board an observer if requested to do 
     so by the Secretary.
       ``(C) An owner of a vessel engaged in a fishery listed 
     under paragraph (1)(A)(i) or (ii) who--
       ``(i) fails to obtain from the Secretary an authorization 
     for such vessel under this section;
       ``(ii) fails to maintain a current and valid authorization 
     for such vessel; or
       ``(iii) fails to ensure that a decal or other physical 
     evidence of such authorization issued by the Secretary is 
     displayed on or is in possession of the master of the vessel,

     and the master of any such vessel engaged in such fishery, 
     shall be deemed to have violated this title, and for 
     violations of clauses (i) and (ii) shall be subject to the 
     penalties of this title, and for violations of clause (iii) 
     shall be subject to a fine of not more than $100 for each 
     offense.
       ``(D) If the owner of a vessel has obtained and maintains a 
     current and valid authorization from the Secretary under this 
     section and meets the requirements set forth in this section, 
     including compliance with any regulations to implement a take 
     reduction plan under this section, the owner of such vessel, 
     and the master and crew members of the vessel, shall not be 
     subject to the penalties set forth in this title for the 
     incidental taking of marine mammals while such vessel is 
     engaged in a fishery to which the authorization applies.
       ``(E) Each owner of a vessel engaged in any fishery not 
     listed under paragraph (1)(A)(i) or (ii), and the master and 
     crew members of such a vessel, shall not be subject to the 
     penalties set forth in this title for the incidental taking 
     of marine mammals if such owner reports to the Secretary, in 
     the form and manner required under subsection (e), instances 
     of incidental mortality or injury of marine mammals in the 
     course of that fishery.
       ``(4)(A) The Secretary shall suspend or revoke an 
     authorization granted under this section and shall not issue 
     a decal or other physical evidence of the authorization for 
     any vessel until the owner of such vessel complies with the 
     reporting requirements under subsection (e) and such 
     requirements to take on board an observer under paragraph 
     (3)(B) as are applicable to such vessel. Previous failure to 
     comply with the requirements of section 114 shall not bar 
     authorization under this section for an owner who complies 
     with the requirements of this section.
       ``(B) The Secretary may suspend or revoke an authorization 
     granted under this subsection, and may not issue a decal or 
     other physical evidence of the authorization for any vessel 
     which fails to comply with a take reduction plan or emergency 
     regulations issued under this section.,
       ``(C) The owner and master of a vessel which fails to 
     comply with a take reduction plan shall be subject to the 
     penalties of sections 105 and 107, and may be subject to 
     section 106.
       ``(5)(A) The Secretary shall develop, in consultation with 
     the appropriate States, affected Regional Fishery Management 
     Councils, and other interested persons, the means by which 
     the granting and administration of authorizations under this 
     section shall be integrated and coordinated, to the maximum 
     extent practicable, with existing fishery licenses, 
     registrations, and related programs.
       ``(B) The Secretary shall utilize newspapers of general 
     circulation, fishery trade associations, electronic media, 
     and other means of advising commercial fishermen of the 
     provisions of this section and the means by which they can 
     comply with its requirements.
       ``(C) The Secretary is authorized to charge a fee for the 
     granting of an authorization under this section. The level of 
     fees charged under this subparagraph shall not exceed the 
     administrative costs incurred in granting an authorization. 
     Fees collected under this subparagraph shall be available to 
     the Under Secretary of Commerce for Oceans and Atmosphere for 
     expenses incurred in the granting and administration of 
     authorizations under this section.
       ``(d) Monitoring of Incidental Takes.--(1) The Secretary 
     shall establish a program to monitor incidental mortality and 
     serious injury of marine mammals during the course of 
     commercial fishing operations. The purposes of the monitoring 
     program shall be to--
       ``(A) obtain statistically reliable estimates of incidental 
     mortality and serious injury;
       ``(B) determine the reliability of reports of incidental 
     mortality and serious injury under subsection (e); and
       ``(C) identify changes in fishing methods or technology 
     that may increase or decrease incidental mortality and 
     serious injury.
       ``(2) Pursuant to paragraph (1), the Secretary may place 
     observers on board vessels as necessary, subject to the 
     provisions of this section. Observers may, among other 
     tasks--
       ``(A) record incidental mortality and injury, or bycatch of 
     other nontarget species;
       ``(B) record numbers of marine mammals sighted; and
       ``(C) perform other scientific investigations.
       ``(3) In determining the distribution of observers among 
     commercial fisheries and vessels within a fishery, the 
     Secretary shall be guided by the following standards:
       ``(A) The requirement to obtain statistically reliable 
     information.
       ``(B) The requirement that assignment of observers is fair 
     and equitable among fisheries and among vessels in a fishery.
       ``(C) The requirement that no individual person or vessel, 
     or group of persons or vessels, be subject to excessive or 
     overly burdensome observer coverage.
       ``(D) To the extent practicable, the need to minimize costs 
     and avoid duplication.
       ``(4) To the extent practicable, the Secretary shall 
     allocate observers among commercial fisheries in accordance 
     with the following priority:
       ``(A) The highest priority for allocation shall be for 
     commercial fisheries that have incidental mortality or 
     serious injury of marine mammals from stocks listed as 
     endangered species or threatened species under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.).
       ``(B) The second highest priority for allocation shall be 
     for commercial fisheries that have incidental mortality and 
     serious injury of marine mammals from strategic stocks.
       ``(C) The third highest priority for allocation shall be 
     for commercial fisheries that have incidental mortality or 
     serious injury of marine mammals from stocks for which the 
     level of incidental mortality and serious injury is 
     uncertain.
       ``(5) The Secretary may establish an alternative observer 
     program to provide statistically reliable information on the 
     species and number of marine mammals incidentally taken in 
     the course of commercial fishing operations. The alternative 
     observer program may include direct observation of fishing 
     activities from vessels, airplanes, or points on shore.
       ``(6) The Secretary is not required to place an observer on 
     a vessel in a fishery if the Secretary finds that--
       ``(A) in a situation in which harvesting vessels are 
     delivering fish to a processing vessel and the catch is not 
     taken on board the harvesting vessel, statistically reliable 
     information can be obtained from an observer on board the 
     processing vessel to which the fish are delivered;
       ``(B) the facilities on a vessel for quartering of an 
     observer, or for carrying out observer functions, are so 
     inadequate or unsafe that the health or safety of the 
     observer or the safe operation of the vessel would be 
     jeopardized; or
       ``(C) for reasons beyond the control of the Secretary, an 
     observer is not available.
       ``(7) The Secretary may, with the consent of the vessel 
     owner, station an observer on board a vessel engaged in a 
     fishery not listed under subsection (c)(1)(A)(i) or (ii).
       ``(8) Any proprietary information collected under this 
     subsection shall be confidential and shall not be disclosed 
     except--
       ``(A) to Federal employees whose duties require access to 
     such information;
       ``(B) to State or tribal employees pursuant to an agreement 
     with the Secretary that prevents public disclosure of the 
     identity or business of any person;
       ``(C) when required by court order; or
       ``(D) in the case of scientific information involving 
     fisheries, to employees of Regional Fishery Management 
     Councils who are responsible for fishery management plan 
     development and monitoring.
       ``(9) The Secretary shall prescribe such procedures as may 
     be necessary to preserve such confidentiality, except that 
     the Secretary shall release or make public upon request any 
     such information in aggregate, summary, or other form which 
     does not directly or indirectly disclose the identity or 
     business of any person.
       ``(e) Reporting Requirement.--The owner of operator of a 
     commercial fishing vessel subject to this Act shall report 
     all incidental mortality and injury of marine mammals in the 
     course of commercial fishing operations to the Secretary by 
     mail or other means acceptable to the Secretary within 48 
     hours after the end of each fishing trip on a standard 
     postage-paid form to be developed by the Secretary under this 
     section. Such form shall be capable of being readily entered 
     into and usable by an automated or computerized data 
     processing system and shall require the vessel owner or 
     operator to provide the following:
       ``(1) The vessel name, and Federal, State, or tribal 
     registration numbers of the registered vessel.
       ``(2) The name and address of the vessel owner of operator.
       ``(3) The name and description of the fishery.
       ``(4) The species of each marine mammal incidentally killed 
     or injured, and the date, time, and approximate geographic 
     location of such occurrence.
       ``(f) Take Reduction Plans.--(1) The Secretary shall 
     develop and implement and take reduction plan designed to 
     assist in the recover or prevent the depletion of each 
     strategic stock which interacts with a commercial fishery 
     listed under subsection (c)(1)(A)(i) or (ii), and may develop 
     and implement such a plan for any other marine mammal stocks 
     with interact with a commercial fishery listed under 
     subsection (c)(1)(A)(i) which the Secretary determines, after 
     notice and opportunity for public comment, has a high level 
     of mortality and serious injury across a number of such 
     marine mammal stocks.
       ``(2) The immediate goal of a take reduction plan shall be 
     to reduce, within 6 months of its implementation, the 
     incidental mortality or serious injury of marine mammals 
     incidentally taken in the course of commercial fishing 
     operations to levels less than the potential biological 
     removal level established in this section. The long-term goal 
     of the plan shall be to reduce, within 5 years of its 
     implementation, the incidental mortality or serious injury of 
     marine mammals incidentally taken in the course of commercial 
     fishing operations to insignificant levels approaching a zero 
     mortality and serious injury rate, taking into account the 
     economics of the fishery, the availability of existing 
     technology, and existing State or regional fishery management 
     plans.
       ``(2) If there is insufficient funding available to develop 
     and implement a take reduction plan for all such stocks that 
     interact with commercial fisheries listed under subsection 
     (c)(1)(A)(i) or (ii), the Secretary shall give highest 
     priority to the development and implementation of take 
     reduction plans for species or stocks whose level of 
     incidental mortality and serious injury exceeds the potential 
     biological removal level, those that have a small population 
     size, and those which are declining most rapidly.
       ``(4) Each take reduction plan shall include--
       ``(A) a review of the information in the final stock 
     assessment published under subsection (c) and any substantial 
     new information:
       ``(B) an estimate of the total number and, if possible, age 
     and gender, of animals from the stock that are being 
     incidentally lethally taken or seriously injured each year 
     during the course of commercial fishing operations, by 
     fishery;
       ``(C) recommended regulatory or voluntary measures for the 
     reduction of incidental mortality and serious injury
       ``(D) recommend dates for achieving the specific objectives 
     of the plan:
       ``(5)(A) For any stock in which incidental morality and 
     serious injury from commercial fisheries exceeds the 
     potential biological removal level established under section 
     117, the plan shall include measures the Secretary expects 
     will reduce, within 6 months of the plans implementation, 
     such mortality and serious injury to a level below the 
     potential biological removal level.
       ``(B) For any stock in which human-caused mortality and 
     serious injury exceeds the potential biological removal 
     level, other than a stock to which subparagraph (A) applies, 
     the plan shall include measures the Secretary expects will 
     reduce, to the maximum extent practicable within 6 months of 
     the plan's implementation the incidental mortality and 
     serious injury by such commercial fisheries from that stock. 
     For purposes of this subparagraph, the term `maximum extent 
     practicable' means to the lowest level that is feasible for 
     such fisheries within the 6-month period.
       ``(6)(A) At the earliest possible time (not later than 30 
     days) after the Secretary issues a final stock assessment for 
     a strategic stock, the Secretary shall, and for stocks that 
     interact with a fishery listed under subsection (C)(1)(A)(i) 
     for which the Secretary has made a determination under 
     paragraph (1), the Secretary may--
       ``(i) establish a take reduction team for such stock and 
     appoint the members of such team in accordance with 
     subparagraph (C); and
       ``(ii) publish in the Federal Register a notice of the 
     team's establishment, the names of the team's appointed 
     members, the full geographic range of such stock, and a list 
     of all commercial fisheries that cause incidental mortality 
     and serious injury of marine mammals from such stock.
       ``(B) The Secretary may request a take reduction team to 
     address a stock that extends over one or more regions or 
     fishery, or multiple stocks within a region or fishery, if 
     the Secretary determines that doing so would facilitate the 
     development and implementation of plans required under this 
     subsection.
       ``(C) Members of take reduction teams shall have expertise 
     regarding the conservation or biology of the marine mammal 
     species which the take reduction plan will address, or the 
     fishing practices which result in the incidental mortality 
     and serious injury of such species. Members shall include 
     representatives of Federal agencies, each coastal State which 
     has fisheries which interact with the species or stock, 
     appropriate Regional Fishery Management Councils, interstate 
     fisheries commissions, academic and scientific organizations, 
     environmental groups, all commercial and recreational 
     fisheries groups and gear types which incidentally take the 
     species of stock, Alaska Native organizations or Indian 
     tribal organizations, and others as the Secretary deems 
     appropriate. Take reduction teams shall, to the maximum 
     extent practicable, consist of an equitable balance among 
     representatives of resource user interests and nonuser 
     interests.
       ``(D) Take reduction teams shall not be subject to the 
     Federal Advisory Committee Act (5 App. U.S.C.). Meetings of 
     take reduction teams shall be open to the public, and prior 
     notice of meetings shall be made public in a timely fashion.
       ``(E) Members of take reduction teams shall serve without 
     compensation, but may be reimbursed by the Secretary, upon 
     request, for reasonable travel costs and expenses incurred in 
     performing their duties as members of the team.
       ``(7) Where the human-caused mortality and serious injury 
     from a strategic stock is estimated to be equal to or greater 
     than the potential biological removal level established under 
     section 117 for such stock and such stock interacts with a 
     fishery listed under subsection (c)(1)(A)(i) or (ii), the 
     following procedures shall apply in the development of the 
     take reduction plan for the stock:
       ``(A)(i) Not later than 6 months after the date of 
     establishment of a take reduction team for the stock, the 
     team shall submit a draft take reduction plan for such stock 
     to the Secretary, consistent with the other provisions of 
     this section.
       ``(ii) Such draft take reduction plan shall be developed by 
     consensus. In the event consensus cannot be reached, the team 
     shall advise the Secretary in writing on the range of 
     possibilities considered by the team, and the views of both 
     the majority and minority.
       ``(B)(i) The Secretary shall take the draft take reduction 
     plan into consideration and, not later than 60 days after the 
     submission of the draft plan by the team, the Secretary shall 
     publish in the Federal Register the plan proposed by the 
     team, any changes proposed by the Secretary with an 
     explanation of the reasons therefor, and proposed regulations 
     to implement such plan, for public review and comment during 
     a period of not to exceed 90 days.
       ``(ii) In the event that the take reduction team does not 
     submit a draft plan to the Secretary within 6 months, the 
     Secretary shall, not later than 8 months after the 
     establishment of the team, publish in the Federal Register a 
     proposed take reduction plan and implementing regulations, 
     for public review and comment during a period of not to 
     exceed 90 days.
       ``(C) Not later than 60 days after the close of the comment 
     period required under subparagraph (B), the Secretary shall 
     issue a final take reduction plan and implementing 
     regulations, consistent with the other provisions of this 
     section.
       ``(D) The Secretary shall, during a period of 30 days after 
     publication of a final take reduction plan, utilize 
     newspapers of general circulation, fishery trade 
     associations, electronic media, and other means of advising 
     commercial fishermen of the requirements of the plan and how 
     to comply with them.
       ``(E) The Secretary and the take reduction team shall meet 
     every 6 months, or at such other intervals as the Secretary 
     determines are necessary, to monitor the implementation of 
     the final take reduction plan until such time that the 
     Secretary determines that the objectives of such plan have 
     been met.
       ``(F) The Secretary shall amend the take reduction plan and 
     implementing regulations as necessary to meet the 
     requirements of this section, in accordance with the 
     procedures in this section for the issuance of such plans and 
     regulations.
       ``(8) Where the human-caused mortality and serious injury 
     from a strategic stock is estimated to be less than the 
     potential biological removal level established under section 
     117 for such stock and such stock interacts with a fishery 
     listed under subsection (c)(1)(A)(i) or (ii), or for any 
     marine mammal stocks which interact with a commercial fishery 
     listed under subsection (c)(1)(A)(i) for which the Secretary 
     has made a determination under paragraph (1), the following 
     procedures shall apply in the development of the take 
     reduction plan for such stock:
       ``(A)(i) Not later than 11 months after the date of 
     establishment of take reduction team for the stock, the team 
     shall submit a draft take reduction plan for the stock to the 
     Secretary, consistent with the other provisions of this 
     section.
       ``(ii) Such draft take reduction plan shall be developed by 
     consensus. In the event consensus cannot be reached, the team 
     shall advise the Secretary in writing on the range of 
     possibilities considered by the team, and the views of both 
     the majority and minority.
       ``(B)(i) The Secretary shall take the draft take reduction 
     plan into consideration and, not later than 60 days after the 
     submission of the draft plan by the team, the Secretary shall 
     publish in the Federal Register the plan proposed by the 
     team, any changes proposed by the Secretary with an 
     explanation of the reasons therefor, and proposed regulations 
     to implement such plan, for public review and comment during 
     a period of not to exceed 90 days.
       ``(ii) In the event that the take reduction team does not 
     submit a draft plan to the Secretary within 11 months, the 
     Secretary shall, not later than 13 months after the 
     establishment of the team, publish in the Federal Register a 
     proposed take reduction plan and implementing regulations, 
     for public review and comment during a period of not to 
     exceed 90 days.
       ``(C) Not later than 60 days after the close of the comment 
     period required under subparagraph (B), the Secretary shall 
     issue a final take reduction plan and implementing 
     regulations, consistent with the other provisions of this 
     section.
       ``(D) The Secretary shall, during a period of 30 days after 
     publication of a final take reduction plan, utilize 
     newspapers of general circulation fishery trade associations, 
     electronic media, and other means of advising commercial 
     fishermen of the requirements of the plan and how to comply 
     with them.
       ``(E) The Secretary and take reduction team shall meet on 
     an annual basis, or at such other intervals as the Secretary 
     determines are necessary, to monitor the implementation of 
     the final take reduction plan until such time that the 
     Secretary determines that the objectives of such plan have 
     been met.
       ``(F) The Secretary shall amend the take reduction plan and 
     implementing regulations as necessary to meet the 
     requirements of this section, in accordance with the 
     procedures in this section for the issuance of such plans and 
     regulations.
       ``(9) In implementing take reduction plan developed 
     pursuant to this subsection, the Secretary may, where 
     necessary to implement take reduction plan to protect or 
     restore a marine mammal stock or species covered by such 
     plan, promulgate regulations which include, but are not 
     limited to, measures to--
       ``(A) establish fishery-specific limits on incidental 
     mortality and serious injury of marine mammals in commercial 
     fisheries or restrict commercial fisheries by time or area;
       ``(B) require the use of alternative commercial fishing 
     gear or techniques and new technologies, encourage the 
     development of such gear or technology, or convene expert 
     skippers' panels;
       ``(C) educate commercial fisherman, through workshops and 
     other means, on the importance of reducing the incidental 
     morality and serious injury of marine mammals in affected 
     commercial fisheries; and
       ``(D) monitor, in accordance with subsection (d), the 
     effectiveness of measures taken to reduce the level of 
     incidental morality and serious injury of marine mammals in 
     the course of commercial fishing operations.
       ``(10)(A) Notwithstanding paragraph (6), in the case of any 
     stock to which paragraph (1) applies for which a final stock 
     assessment has not been published under section 117(b)(3) by 
     April 1, 1995, due to a proceeding under section 117(b)(2), 
     or any Federal court review of such proceeding, the Secretary 
     shall establish a take reduction team under paragraph (6) for 
     such stock as if a final stock assessment had been published.
       ``(B) The draft stock assessment published for such stock 
     under section 117(b)(1) shall be deemed the final stock 
     assessment for purposes of preparing and implementing take 
     reduction plan for such stock under this section.
       ``(C) Upon publication of a final stock assessment for such 
     stock under section 117(b)(3) the Secretary shall immediately 
     reconvene the take reduction team for such stock for the 
     purpose of amending the take reduction plan, and any 
     regulations issued to implement such plan, if necessary, to 
     reflect the final stock assessment of court action. Such 
     amendments shall be made in accordance with paragraph (7)(f) 
     or (8)(f), as appropriate.
       ``(D) A draft stock assessment may only be used as the 
     basis for a take reduction plan under this paragraph for a 
     period of not to exceed two years, or until a final stock 
     assessment is published whichever is earlier. If, at the end 
     of the two-year period, a final stock assessment has not been 
     published, the Secretary shall categorize such stock under 
     section 117(a)(5)(A) and shall revoke any regulations to 
     implement a take reduction plan for such stock.
       ``(E) Subparagraph (D) shall not apply for any period 
     beyond two years during which a final stock assessment for 
     such stock has not been published due to review of a 
     proceeding on such stock assessment by a Federal court. 
     Immediately upon final action by such court, the Secretary 
     shall proceed under subparagraph (C).
       ``(11) Take reduction plans developed under this section 
     for a species or stock listed as a threatened species or 
     endangered species under the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.) shall be consistent with any 
     recovery plan developed for such species or stock under 
     section 4 of such Act.
       ``(g) Emergency Regulations.--(1) If the Secretary finds 
     that the incidental mortality and serious injury of marine 
     Mammals from commercial fisheries is having, or is likely to 
     have, an immediate and significant adverse impact on a stock 
     or species, the Secretary shall take actions as follows:
       ``(A) In the case of a stock or species for which a take 
     reduction plan is in effect, the Secretary shall--
       ``(i) prescribe emergency regulations that, consistent with 
     such plan to the maximum extent practicable, reduce 
     incidental mortality and serious injury in that fishery; and
       ``(ii) approve and implement, on an expedited basis, any 
     amendments to such plan that are recommended by the take 
     reduction team to address such adverse impact.
       ``(B) In the case of a stock or species for which a take 
     reduction plan is being developed, the Secretary shall--
       ``(i) prescribe emergency regulations to reduce such 
     incidental mortality and serious injury in that fishery; and
       ``(ii) approve and implement, on an expedited basis, such 
     plan, which shall provide methods to address such adverse 
     impact if still necessary.
       ``(C) In the case of a stock or species for which a take 
     reduction plan does not exist and is not being developed, or 
     in the case of a commercial fishery listed under subsection 
     (c)(1)(A)(iii) which the Secretary believes may be 
     contributing to such adverse impact, the Secretary shall--
       ``(i) prescribe emergency regulations to reduce such 
     incidental mortality and serious injury in that fishery, to 
     the extent necessary to mitigate such adverse impact;
       ``(ii) immediately review the stock assessment for such 
     stock or species and the classification of such commercial 
     fishery under this section to determine if a take reduction 
     team should be established; and
       ``(iii) may, where necessary to address such adverse impact 
     on a species or stock listed as a threatened species or 
     endangered species under the Endangered Species Act of 1994 
     (16 U.S.C. 1531 et seq.), place observers on vessels in a 
     commercial fishery listed under subsection (c)(1)(A)(iii), if 
     the Secretary has reason to believe such vessels may be 
     causing the incidental mortality and serious injury to marine 
     mammals from such stock.
       ``(2) Prior to taking action under paragraph (1) (A), (B), 
     or (C), the Secretary shall consult with the Marine Mammal 
     Commission, all appropriate Regional Fishery Management 
     Councils, State fishery managers, and the appropriate take 
     reduction team (if established).
       ``(3) Emergency regulations prescribed under this 
     subsection--
       ``(A) shall be published in the Federal Register, together 
     with an explanation thereof;
       ``(B) shall remain in effect for not more than 180 days or 
     until the end of the applicable commercial fishing season, 
     whichever is earlier; and
       ``(C) may be terminated by the Secretary at an earlier date 
     by publication in the Federal Register of a notice of 
     termination, if the Secretary determines that the reasons for 
     emergency regulations no longer exist.
       ``(4) If the Secretary finds that incidental mortality and 
     serious injury of marine mammals in a commercial fishery is 
     continuing to have an immediate and significant adverse 
     impact on a stock or species, the Secretary may extend the 
     emergency regulations for an additional period of not more 
     than 90 days or until reasons for the emergency no longer 
     exist, whichever is earlier.
       ``(h) Penalties.--Except as provided in subsection (c), any 
     person who violates this section shall be subject to the 
     provisions of section 105 and 107, and may be subject to 
     section 106 as the Secretary establishes by regulations.
       ``(i) Assistance.--The Secretary shall provide assistance 
     to Regional Fishery Management Councils, States, interstate 
     fishery commissions, and Indian tribal organizations in 
     meeting the goal of reducing incidental mortality and serious 
     injury to insignificant levels approaching a zero mortality 
     and serious injury rate.
       ``(j) Contributions.--For purposes of carrying out this 
     section, the Secretary may accept, solicit, receive, hold, 
     administer, and use gifts, devises, and bequests.
       ``(k) Consultation with Secretary of the Interior.--The 
     Secretary shall consult with the Secretary of the Interior 
     prior to taking actions or making determinations under this 
     section that affect or relate to species or population stocks 
     of marine mammals for which the Secretary of the Interior is 
     responsible under this title.
       ``(l) Definitions.--As used in this section and section 
     101(a)(5)(E), each of the terms `fishery' and `vessel of the 
     United States' has the same meaning it does in section 3 of 
     the Magnuson Fishery Conservation and Management Act (16 
     U.S.C. 1802).''.

     SEC. 12. DEFINITIONS

       Section 3 (16 U.S.C. 1362) is amended by adding at the end 
     the following:
       ``(18)(A) The term `harassment' means any act of pursuit, 
     torment, or annoyance which--
       ``(i) has the potential to injure a marine mammal or marine 
     mammal stock in the wild; or
       ``(ii) has the potential to disturb a marine mammal or 
     marine mammal stock in the wild by causing disruption of 
     behavioral patterns, including, but not limited to, 
     migration, breathing, nursing, breeding, feeding, or 
     sheltering.
       ``(B) The term `Level A harassment' means harassment 
     described in subparagraph (A)(i).
       ``(C) the term `Level B harassment' means harassment 
     described in subparagraph (A)(ii).
       ``(19) The term `strategic stock' means a marine mammal 
     population or stock--
       ``(A) for which the level of direct human-caused mortality 
     exceeds the potential biological removal level;
       ``(B) which, based on the best available scientific 
     information, is declining and is likely to be listed as a 
     threatened species under the Endangered Species Act of 1973 
     within the foreseeable future; or
       ``(C) which is listed as a threatened species or endangered 
     species under the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.), or is designated as depleted under this Act.
       ``(20) The term `potential biological removal level' means 
     the maximum number of animals, not including natural 
     mortalities, that may be removed from a marine mammal stock 
     while allowing that stock to reach or maintain its optimum 
     sustainable population. The potential biological removal 
     level is the product of the following factors:
       ``(A) The minimum population estimate of the stock.
       ``(B) One-half the maximum theoretical or estimated net 
     productivity rate of the stock at a small population size.
       ``(C) A recovery factor of between 0.1 and 1.0.
       ``(21) The term `Regional Fishery Management Council' means 
     a Regional Fishery Management Council established under 
     section 302 of the Magnuson Fishery Conservation and 
     Management Act.
       ``(22) The term `bona fide research' means scientific 
     research on marine mammals, the results of which--
       ``(A) likely would be accepted for publication in a 
     referred scientific journal;
       ``(B) are likely to contribute to the basic knowledge of 
     marine mammal biology or ecology; or
       ``(C) are likely to identify, evaluate, or resolve 
     conservation problems.
       ``(23) The term `Alaska Native organization' means a group 
     designated by law or formally chartered which represents or 
     consists on Indians, Aleuts, or Eskimos residing in Alaska.
       ``(24) The term `take reduction plan' means a plan 
     developed under section 118.
       ``(25) The term `take reduction team' means a team 
     established under section 118.
       ``(26) The term `net productivity rate' means the annual 
     per capita rate of increase in a stock resulting from 
     additions due to reproduction, less losses due to mortality.
       ``(27) The term `minimum population estimate' means an 
     estimate of the number of animals in a stock that--
       ``(A) is based on the best available scientific information 
     on abundance, incorporating the precision and variability 
     associated with such information; and
       ``(B) provides reasonable assurance that the stock size is 
     equal to or greater than the estimate.''.

     SEC. 13. PENALTIES; PROHIBITIONS.

       (a) Civil Penalties.--Section 105(a)(1) (16 U.S.C. 
     1375(a)(1)) is amended by inserting '', except as provided in 
     section 118,'' after ``thereunder''.
       (b) Criminal Penalties.--Section 105(b) (16 U.S.C. 1375(b)) 
     is amended by inserting ``(except as provided in section 
     118)'' after ``thereunder''.
       (c) Prohibitions.--Section 102(a) (16 U.S.C. 1372(a)) is 
     amended by striking ``and 114 of this title or title III'' 
     and inserting ``114, and 118 of this title and title IV''.

     SEC. 14. INDIAN TREATY RIGHTS; ALASKA NATIVE SUBSISTENCE.

       Nothing in this Act, including any amendments to the Marine 
     Mammal Protection Act of 1972 made by this Act--
       (1) alters or is intended to alter any treaty between the 
     United States and one or more Indian tribes; or
       (2) affects or otherwise modifies the provisions of section 
     101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
     1371(b)), except as specifically provided in the amendment 
     made by section 4(b) of this Act.

     SEC. 15. TRANSITION, RULE; IMPLEMENTING REGULATIONS.

       (a) Transition Rule.--Section 114(a)(1) (16 U.S.C. 
     1383a(a)(1)) is amended by striking ``ending April 1, 1994,'' 
     and inserting in lieu thereof ``until superseded by 
     regulations prescribed under section 118, or until September 
     1, 1995, whichever is earlier,''.
       (b) Implementing Regulations.--Except as provided otherwise 
     in this Act, or the amendments to the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1361 et seq.) made by this 
     Act, the Secretary of Commerce or the Secretary of the 
     Interior, as appropriate, shall, after notice and opportunity 
     for public comment, promulgate regulations to implement this 
     Act and the amendments made by this Act by January 1, 1995.

     SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Definitions.--Section 3 (16 U.S.C. 1362) is amended--
       (1) by striking paragraph (17); and
       (2) by redesignating the second paragraph (15) and 
     paragraph (16) as paragraphs (16) and (17), respectively.
       (b) Unusual Mortality Event Fund.--Section 405(a) (16 
     U.S.C. 1421d(a)), as so redesignated by this Act, is amended 
     by striking ``a fund'' and inserting in lieu thereof ``an 
     interest bearing fund''.

     SEC. 17. HUMAN ACTIVITIES WITHIN PROXIMITY OF WHALES.

       (a) Lawful Approaches.--In waters of the United States 
     surrounding the State of Hawaii, it is lawful for a person 
     subject to the jurisdiction of the United States to approach, 
     by any means other than an aircraft, no closer than 100 yards 
     to a humpback whale or any other whale, regardless of whether 
     the approach is made in waters designated under section 
     222.31 of title 50, Code of Federal Regulations, as cow/calf 
     waters.
       (b) Termination of Legal Effect of Certain Regulations.--
     Subsection (b) of section 222.31 of title 50, Code of Federal 
     Regulations, shall cease to be in force and effect.

     SEC. 18. SCRIMSHAW EXEMPTIONS.

       Notwithstanding any other provision of law, any valid 
     certificate of exemption renewed by the Secretary (or deemed 
     to be renewed) under section 10(f)(8) of the Endangered 
     Species Act of 1973 (16 U.S.C. 1539(f)(8)) for any person 
     holding such a certificate with respect to the possession of 
     pre-Act finished scrimshaw products or raw material for such 
     products shall remain valid for a period not to exceed 5 
     years beginning on the date of enactment of this Act.

     SEC. 19. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA.

       Title I (16 U.S.C. 1371 et seq.), as amended by this Act, 
     is further amended by adding at the end the following new 
     section:

     ``SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA.

       ``(a) In General.--The Secretary may enter into cooperative 
     agreements with Alaska Native organizations to conserve 
     marine mammals and provide co-management of subsistence use 
     by Alaska Natives.
       ``(b) Grants.--Agreements entered into under this section 
     may include grants to Alaska Native organizations for, among 
     other purposes--
       ``(1) collecting and analyzing data on marine mammal 
     populations;
       ``(2) monitoring the harvest of marine mammals for 
     subsistence use;
       ``(3) participating in marine mammal research conducted by 
     the Federal Government, States, academic institutions, and 
     private organizations; and
       ``(4) developing marine mammal co-management structures 
     with Federal and State agencies.
       ``(c) Effect of Jurisdiction.--Nothing in this section is 
     intended or shall be construed--
       ``(1) as authorizing any expansion or change in the 
     respective jurisdiction of Federal, State, or tribal 
     governments over fish and wildlife resources; or
       ``(2) as altering in any respect the existing political or 
     legal status of Alaska Natives, or the governmental or 
     jurisdictional status of Alaska Native communities or Alaska 
     Native entities.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated for the purposes of carrying 
     out this section--
       ``(1) $1,500,000 to the Secretary of Commerce for each of 
     the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999; and
       ``(2) $1,000,000 to the Secretary of the Interior for each 
     of the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999. 
     The amounts authorized to be appropriated under this 
     subsection are in addition to the amounts authorized to be 
     appropriated under section 116.''.

     SEC. 20. MARINE ECOSYSTEM PROTECTION.

       Section 110 (16 U.S.C. 1380) is amended by striking 
     subsection (c) and inserting the following.
       ``(c)(1) No later than 1 year after the date of enactment 
     of the Marine Mammal Protection Act Amendments of 1994, the 
     Secretary of Commerce shall convene a regional workshop for 
     the Gulf of Maine to assess human-caused factors affecting 
     the health and stability of that marine ecosystem, of which 
     marine mammals are a part. The workshop shall be conducted in 
     consultation with the Marine Mammal Commission, the adjacent 
     coastal States, individuals with expertise in marine mammal 
     biology and ecology, representatives from environmental 
     organizations, the fishing industry, and other appropriate 
     persons. The goal of the workshop shall be to identify such 
     factors, and to recommend a program of research and 
     management to restore or maintain that marine ecosystem and 
     its key components that--
       ``(A) protects and encourages marine mammals to develop to 
     the greatest extent feasible commensurate with sound policies 
     of resource management;
       ``(B) has as the primary management objective the 
     maintenance of the health and stability of the marine 
     ecosystems;
       ``(C) ensures the fullest possible range of management 
     options for future generations; and
       ``(D) permits nonwasteful, environmentally sound 
     development of renewable and nonrenewable resources.
       ``(2) On or before December 31, 1995, the Secretary of 
     Commerce shall submit to the Committee on Merchant Marine and 
     Fisheries of the House of Representatives and the Committee 
     on Commerce, Science, and Transportation of the Senate a 
     report containing the results of the workshop under this 
     subsection, proposed regulatory or research actions, and 
     recommended legislative action.
       ``(d)(1) The Secretary of Commerce, in consultation with 
     the Secretary of the Interior, the Marine Mammal Commission, 
     the State of Alaska, and Alaska Native organizations, shall, 
     not later than 180 days after the date of enactment of the 
     Marine Mammal Protection Act Amendments of 1994, undertake a 
     scientific research program to monitor the health and 
     stability of the Bering Sea marine ecosystem and to resolve 
     uncertainties concerning the causes of population declines of 
     marine mammals, sea birds, and other living resources of that 
     marine ecosystem. The program shall address the research 
     recommendations developed by previous workshops on Bering Sea 
     living marine resources, and shall include research on 
     subsistence uses of such resources and ways to provide for 
     the continued opportunity for such uses.
       ``(2) To the maximum extent practicable, the research 
     program undertaken pursuant to paragraph (1) shall be 
     conducted in Alaska. The Secretary of Commerce shall utilize, 
     where appropriate, traditional local knowledge and may 
     contract with a qualified Alaska Native organization to 
     conduct such research.
         ``(3) The Secretary of Commerce, the Secretary of the 
     Interior, and the Commission shall address the status and 
     findings of the research program in their annual reports to 
     Congress required by sections 103(f) and 204 of this Act.''.

     SEC. 21. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

       Section 308(b) of the Interjurisdictional Fisheries Act of 
     1986 (16 S.C. 4107(b)) is amended by striking ``$2,500,000 
     for each of the fiscal years 1989, 1990, 1991, 1992, 1993, 
     1994, and 1995'' and inserting in lieu thereof ``$65,000,000 
     for each of the fiscal years 1994 and 1995''.

     SEC. 22. COASTAL ECOSYSTEM HEALTH.

       (a) Requirement to Convey.--Not later than September 30, 
     1994, the Secretary of the Navy shall convey, without payment 
     or other consideration, to the Secretary of Commerce, all 
     right, title, and interest to the property comprising that 
     portion of the Naval Base, Charleston, South Carolina, 
     bounded by Hobson Avenue, the Cooper River, the landward 
     extension of the northwest side of Pier R, and the fenceline 
     between the buildings known as RTC-1 and 200. Such property 
     shall include Pier R, the buildings known as RTC-1 and RTC-4, 
     and all walkways and parking areas associated with such 
     buildings and Pier R.
       (b) Survey: Effect on Liability of Secretary of Navy.--The 
     acreage and legal description of the property to be conveyed 
     pursuant to this section shall be determined by a survey 
     approved by the Secretary of the Navy. Such conveyance shall 
     not release the Secretary of the Navy from any liability 
     arising prior to, during or after such conveyance as a result 
     of the ownership or occupation of the property by the United 
     States Navy.
       (c) Use by National Oceanic and Atmospheric 
     Administration.--The property conveyed pursuant to this 
     section shall be used by the Secretary of Commerce in support 
     of the operations of the National Oceanic and Atmospheric 
     Administration.
       (d) Reversion Rights.--Conveyance of the property pursuant 
     to this section shall be subject to the condition that all 
     right, title, and interest and to the property so conveyed 
     shall immediately be conveyed to the public entity vested 
     with the ownership of the remainder of the Charleston Naval 
     Base, if and when--
       (1) continued ownership and occupation of the property by 
     the National Oceanic and Atmospheric Administration no longer 
     is compatible with the comprehensive plan for reuse of the 
     Charleston Naval Base developed by the commuity reuse 
     committee and approved by the Secretary of the Navy; and
       (2) such public entity provides for relocation of the 
     programs and personnel of the National Oceanic and 
     Atmospheric Administration occupying such property, at no 
     further cost to the United States Government, to a comparable 
     facility, including adjacent waterfront and pier, within the 
     Charleston area.

     SEC. 23. PACIFIC COAST TASK FORCE; GULF OF MAINE.

       Title I (16 U.S.C. 1371 et seq.), as amended by this Act, 
     is further amended by adding at the end of the following new 
     section:

     ``SEC. 120. PACIFIC COAST TASK FORCE; GULF OF MAINE.

       ``(a) Pinniped Removal Authority.--Notwithstanding any 
     other provision of this title, the Secretary may permit the 
     intentional lethal taking of pinnipeds in accordance with 
     this section.
       ``(b) Application.--(1) State may apply to the Secretary to 
     authorize the intentional lethal taking of individually 
     identifiable pinnipeds which are having a significant 
     negative impact on the decline or recovery of salmonid 
     fishery stocks which--
       ``(A) have been listed as threatened species or endangered 
     species under the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.);
       ``(B) the Secretary finds are approaching threatened 
     species or endangered species status (as those terms are 
     defined in that Act); or
       ``(C) migrate through the Ballard Locks at Seattle, 
     Washington.
       ``(2) Any such application shall include a means of 
     identifying the individual pinniped or pinnipeds, and shall 
     include a detailed description of the problem interaction and 
     expected benefits of the taking.
       ``(c) Actions in Response to Application.--(1) Within 15 
     days of receiving an application, the Secretary shall 
     determine whether the application has produced sufficient 
     evidence to warrant establishing a Pinniped-Fishery 
     Interaction Task Force to address the situation described in 
     the application. If the Secretary determines sufficient 
     evidence has been provided, the Secretary shall establish a 
     Pinniped-Fishery Interaction Task Force and publish a notice 
     in the Federal register requesting public comment on the 
     application.
       ``(2) a Pinniped-Fishery Interaction Task Force established 
     under paragraph (1) shall consist of designated employees of 
     the Department of Commerce, scientists who are knowledgeable 
     about the Pinniped interaction that the application 
     addresses, representatives of affected conservation and 
     fishing community organizations, Indian Treaty tribes, the 
     States, and such other organizations as the Secretary deems 
     appropriate.
       ``(3) Within 60 days after establishment, and after 
     reviewing public comments in response to the Federal Register 
     notice under paragraph (1), the Pinniped-Fishery Interaction 
     Task Force shall--
       ``(A) recommend to the Secretary whether to approve or deny 
     the proposed intentional lethal taking of the pinniped or 
     pinnipeds, including along with the recommendation a 
     description of the specific pinniped individual or 
     individuals, the proposed location, time, and method of such 
     taking, criteria for evaluating the success of the action, 
     and the duration of the intentional lethal taking authority; 
     and
       ``(B) suggest nonlethal alternatives, if available and 
     practicable, including a recommended course of action.
       ``(4) Within 30 days after receipt of recommendations from 
     the Pinniped-Fishery Interaction Task Force, the Secretary 
     shall either approve or deny the application. If such 
     application is approved, the Secretary shall immediately take 
     steps to implement the intentional lethal taking, which shall 
     be performed by Federal or State agencies, or qualified 
     individuals under contract to such agencies.
       ``(5) After implementation of an approved application, the 
     Pinniped-Fishery Interaction Task Force shall evaluate the 
     effectiveness of the permitted intentional lethal taking or 
     alternative actions implemented. If implementation was 
     ineffective in eliminating the problem interaction, the Task 
     Force shall recommend additional actions. If the 
     implementation was effective, the Task Force shall so advise 
     the Secretary, and the Secretary shall disband the Task 
     Force.
       ``(d) Considerations.--In considering whether an 
     application should be approved or denied, the Pinniped-
     Fishery Interaction Task Force and the Secretary shall 
     consider--
       ``(1) population trends, feeding habits, the location of 
     the pinniped interaction, how and when the interaction 
     occurs, and how many individual pinnipeds are involved;
       ``(2) past efforts to nonlethally deter such pinnipeds, and 
     whether the applicant has demonstrated that no feasible and 
     prudent alternatives exist and that the applicant has taken 
     all reasonable nonlethal steps without success;
       ``(3) the extent to which such pinnipeds are causing undue 
     injury or impact to, or imbalance with, other species in the 
     ecosystem, including fish populations; and
       ``(4) the extent to which such pinnipeds are exhibiting 
     behavior that presents an ongoing threat to public safety.
       ``(e) Limitation.--The Secretary shall not approve the 
     intentional lethal taking of any pinniped from a species or 
     stock that is--
       ``(1) listed as a threatened species or endangered species 
     under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       ``(2) depleted under this Act; or
       ``(3) a strategic stock.
       ``(f) California Sea Lions and Pacific Harbor Seals; 
     Investigation and Report.--(1) The Secretary shall engage in 
     a scientific investigation to determine whether California 
     sea lions and Pacific harbor seals--
       ``(A) are having a significant negative impact on the 
     recovery of salmonid fishery stocks which have been listed an 
     endangered species or threatened species under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) or which the 
     Secretary finds are approaching such endangered species of 
     threatened species status; or
       ``(B) are having broader impacts on the coastal ecosystem 
     of Washington, Oregon, and California. The Secretary shall 
     conclude this investigation and prepare a report on its 
     results no later than October 1, 1995.
       ``(2) Upon completion of the scientific investigation 
     required under paragraph (1), the Secretary shall enter into 
     discussions with the Pacific States Marine Fisheries 
     Commission, on behalf of the States of Washington, Oregon, 
     and California, for the purpose of addressing any issues or 
     problems identified as a result of the scientific 
     investigation, and to develop recommendations to address such 
     issues or problems. Any recommendations resulting from such 
     discussions shall be submitted, along with the report, to the 
     Committee on Merchant marine and Fisheries of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       ``(3) The Secretary shall make the report and the 
     recommendations submitted under paragraph (2) available to 
     the public for review and comment for a period of 90 days.
       ``(4) There are authorized to be appropriated to the 
     Secretary such sums as are necessary to carry out the 
     provisions of this subsection.
       ``(5) The amounts appropriated under section 308(c) of the 
     Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(c)) 
     and allocated to the Pacific States Marine Fisheries 
     Commission may be used by the Commission to participate in 
     discussions with the Secretary under paragraph (2).
       ``(g) Regionwide Pinniped-Fishery Interaction Study.--(1) 
     The Secretary may conduct a study, of not less than three 
     high predation areas in anadromous fish migration corridors 
     within the Northwest Region of the National Marine Fisheries 
     Service, on the interaction between fish pinnipeds. In 
     conducting the study, the Secretary shall consult with other 
     State and Federal agencies with expertise in pinniped-fishery 
     interaction. The study shall evaluate--
       ``(A) fish behavior in the presence of predators generally;
       ``(B) holding times and passage rates of anadromous fish 
     stocks in areas where such fish are vulnerable to predation;
       ``(C) whether additional facilities exist, or could be 
     reasonably developed, that could improve escapement for 
     anadromous fish; and
       ``(D) other issues the Secretary considers relevant.
       ``(2) Subject to the availability of appropriations, the 
     Secretary may, not later than 18 months after the 
     commencement of the study under this subsection, transmit a 
     report on the results of the study to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Merchant Marine and Fisheries of the House of 
     Representatives.
       ``(3) The study conducted under this subsection may not be 
     used by the Secretary as a reason for delaying or deferring a 
     determination or consideration under subsection (c) or (d).
       (h) Gulf of Maine Task Force.--The Secretary shall 
     establish a Pinniped-Fishery Interaction Task Force to advise 
     the Secretary on issues or problems regarding pinnipeds 
     interacting in a dangerous or damaging manner with 
     aquaculture resources in the Gulf of Maine. No later than 
     2 years from the date of enactment of this section, the 
     Secretary shall submit to the Committee on Merchant Marine 
     and Fisheries of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report containing recommended available 
     alternatives to mitigate such interactions.
       ``(i) Gulf of Maine Harbor Porpoise.--(1) Nothing in 
     section 117 shall prevent the Secretary from publishing a 
     stock assessment for Gulf of Maine harbor porpoise in an 
     expedited fashion.
       ``(2) In developing and implementing a take reduction plan 
     under section 118 for Gulf of Maine harbor porpoise, the 
     Secretary shall consider all actions already taken to reduce 
     incidental mortality and serious injury of such stock, and 
     may, based on the recommendations of the take reduction team 
     for such stock, modify the time period required for 
     compliance with section 118(f)(5)(A), but in no case may such 
     modification extend the date of compliance beyond April 1, 
     1997.''.

     SEC. 24. FURTHER TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Amendments Relating to Definition of Secretary.--
       (1) Execution of prior amendments.--The amendments set 
     forth in section 3004(b) of the Marine Mammal Health and 
     Stranding Response Act (106 Stat. 5067)--
       (A) are deemed to have been made by that section to section 
     3(12) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
     1362(12)); and
       (B) shall not be considered to have been made by that 
     section 3(11) of that Act (16 U.S.C. 1362(11)).
       (2) Further technical and conforming amendments.--Section 
     3(12)(B) of the Marine Mammal Protection Act of 1972, as 
     deemed by paragraph (1)(A) of this subsection to have been 
     amended by section 3004(b) of the Marine Mammal Health and 
     Stranding Response Act (106 Stat. 5067), is further amended 
     in subparagraph (B) by striking ``in title III'' and 
     inserting ``In section 118 and title IV''.
       (b) Marine Mammal Health and Stranding Response.--The Act 
     (16 U.S.C. 1361 et seq.) is amended--
       (1) by redesignating title III, as added by Public Law 102-
     587 (106 Stat. 5060), as title IV; and
       (2) by redesignating the sections of that title (16 U.S.C. 
     1421 through 1421h) as sections 401 through 409, 
     respectively.
       (c) Further Amendments to Title IV.--The Act is amended--
       (1) in section 401(b)(3) (as redesignated by this section) 
     by striking ``304'' and inserting ``404'';
       (2) in section 405(b)(1)(A)(i) (as redesignated by this 
     section) by striking ``304(b)'' and inserting ``404(b)'';
       (3) in section 406(a)(2)(A) (as redesignated by this 
     section) by striking ``304(b)'' and inserting ``404(b)'';
       (4) in section 406(a)(2)(B) (as redesignated by this 
     section) by striking ``304(c)'' and inserting ``404(c)'';
       (5) in section 408(1) (as redesignated by this section)--
       (A) by striking ``305'' and inserting ``405'', and
       (B) by striking ``307'' and inserting ``407'';
       (6) in section 408(2) (as redesignated by this section) by 
     striking ``307'' and inserting ``407'';
       (7) in section 409(1) (as redesignated by this section) by 
     striking ``305(a)'' and inserting ``405(a)'';
       (8) in section 409(5) (as redesignated by this section) by 
     striking ``307(a)'' and inserting ``407(a)'';
       (9) in section 102(a) (16 U.S.C. 1372(a)) by striking 
     ``title III'' and inserting ``title IV'';
       (10) in section 109(h)(1) (16 U.S.C. 1379(h)(1)) by 
     striking ``title III'' and inserting ``title IV'';
       (11) in section 112(c) (16 U.S.C. 1382(c)) by striking ``or 
     title III'' and inserting ``or title IV''; and
       (12) in the table of contents in the first section, by 
     striking the items relating to the title that is redesignated 
     by subsection (b) of this section and the sections that are 
     redesignated by subsection (b) of this section and inserting 
     the following:

        ``Title IV--Marine Mammal Health and Stranding Response

``Sec. 401. Establishment of program.
``Sec. 402. Determination: data collection and dissemination.
``Sec. 403. Stranding response agreements.
``Sec. 404. Unusual mortality event response.
``Sec. 405. Unusual mortality event activity funding.
``Sec. 406. Liability.
``Sec. 407. National Marine Mammal Tissue Bank and tissue analysis.
``Sec. 406. Authorization of appropriations.
``Sec. 409. Definitions.''
       (d) Clerical Amendments.--The portion of the table of 
     contents in the first section of the Act relating to title I 
     is amended by adding at the end the following new items:

``Sec. 117. Stock assessments.
``Sec. 118. Taking of marine mammals incidental to commercial fishing 
              operations.
``Sec. 119. Marine mammal cooperative agreements in Alaska.
``Sec. 120. Pacific Coast Task Force; Gulf of Maine.''.

       (e) Effective Date.--The amendments made by subsection (a) 
     shall be effective as if enacted as part of section 3004 of 
     the Marine Mammal Health and Stranding Response Act (106 
     Stat. 5067).

     SEC. 25. TRANSFER.

       Of amounts appropriated by Public Law 103-139 to the 
     Department of the Navy for Shipbuilding and Conversion, Navy, 
     the Secretary of the Navy shall transfer $8,000,000 not later 
     than April 15, 1994, to the Administrator of the Maritime 
     Administration for the conversion of the USNS CHAUVENET to a 
     training ship for the Texas Maritime Academy's Training 
     Program.
                                 ______


               CONGRESSIONAL BUDGET CONCURRENT RESOLUTION

                                 ______


                 McCAIN (AND GRAMM) AMENDMENT NO. 1577

  Mr. McCAIN (for himself and Mr. Gramm) proposed an amendment to the 
concurrent resolution Senate Concurrent Resolution 63, supra; as 
follows:

       At the end of title III, add the following:

     SEC.   . SENSE OF THE SENATE REGARDING EQUITABLE DISTRIBUTION 
                   OF REDUCTIONS IN DISCRETIONARY SPENDING.

       The Senate finds that since the President's Fiscal Year 
     1995 defense budget request represents the tenth straight 
     year of real cuts in defense; and, if the President's defense 
     budget request is approved, since 1985 real defense spending 
     will have been reduced by 45 percent by 1999; and, President 
     Clinton, during his State of the Union address on January 25, 
     1994, promised no further cuts in defense spending. Then, it 
     is the sense of the Senate that the annual levels of the 050 
     function should be reduced from the President's Fiscal Year 
     1995-1999 budget request only after other annual levels of 
     non-defense discretionary spending in the budget resolution 
     have been reduced, fairly and appropriately.
                                 ______


                       HARKIN AMENDMENT NO. 1578

  Mr. HARKIN proposed an amendment to the concurrent resolution Senate 
Concurrent Resolution 63, supra; as follows:

       At the appropriate place, insert the following, ``It is the 
     Sense of the Congress that given the federal budget deficit, 
     the real reductions in discretionary spending in this 
     resolution, and the existence of many more worthy programs 
     competing for this funding, spending for the Star Wars 
     (Ballistic Missile Defense) must not exceed the fiscal year 
     1994 appropriated level.''
                                 ______


                 GRAHAM (AND OTHERS) AMENDMENT NO. 1579

  Mr. SASSER (for Mr. Graham for himself, Mr. Warner, Mrs. Boxer, Mr. 
Levin, Mr. Mack, Mr. Faircloth, Mr. Glenn, Mr. Thurmond, Mr. Coats, Mr. 
Kohl, Mr. Feingold, Mrs. Hutchison, Mr. Nickles, Mr. Bond, Mr. Lott, 
Mr. Helms, Mr. Ford, Mr. Cochran, Mr. Gramm, and Mr. Lugar) proposed an 
amendment to the concurrent resolution Senate Concurrent Resolution 63, 
supra; as follows:

       At the end of title III, add the following new section:

     SEC. 3   . MINIMUM ALLOCATION PROGRAM.

       (a) Findings.--The Congress finds that--* * *

     established in 1982 to address inequities in the funding 
     formula for Federal-aid highways;
       (2) the minimum allocation program was designed to provide 
     the greatest degree of flexibility practicable to States that 
     receive funding under the formula referred to in paragraph 
     (1) and includes an exemption of the apportionments from the 
     obligation ceiling;
       (3) the minimum allocation program provides additional 
     flexibility by allowing a State a 4-year period during which 
     amounts apportioned to the State may be obligated;
       (4) the budget of the United States Government for fiscal 
     year 1995 submitted by the President to Congress proposes to 
     include minimum allocation apportionments under the 
     obligation ceiling and also proposes to limit the authority 
     of States to obligate apportionments under the minimum 
     allocation program to 67 percent of the amount of the 
     apportionments; and
       (5) States have planned transportation programs on the 
     basis of the provisions of the Intermodal Surface 
     Transportation Efficiency Act of 1991, and the amendments 
     made by the Act, relating to minimum allocation that 
     confirmed core commitments to exemption and flexibility.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that--
       (1) the minimum allocation program should remain exempt 
     from the obligation ceiling; and
       (2) the flexibility of the minimum allocation program 
     should be an enduring and critical component of the provision 
     of Federal assistance to States for Federal-aid highways.
       (c) Definitions.--As used in this section:
       (1) Federal-aid highways.--The term ``Federal-aid 
     highways'' has the meaning provided the term in section 101 
     of title 23, United States Code.
       (2) Minimum allocation program.--The term ``minimum 
     allocation program'' means the program of allocation of 
     funding to States under section 157 of title 23, United 
     States Code.
       (3) Obligation ceiling.--The term ``obligation ceiling'' 
     means the obligation ceiling under section 1002 of the 
     Intermodal Surface Transportation Efficiency Act of 1991.
                                 ______


                        HATCH AMENDMENT NO. 1580

  Mr. SASSER (for Mr. Hatch) proposed an amendment to the concurrent 
resolution S. Con. Res. 63, supra; as follows:

       At the end of title II, add the following:

     SEC.   . SENSE OF THE CONGRESS REGARDING FEDERAL LAW 
                   ENFORCEMENT PERSONNEL.

       (a) Findings.--The Congress finds that--
       (1) violent crimes reported to law enforcement continues to 
     increase with over 1,900,000 offenses being reported to law 
     enforcement each year;
       (2) drug dealing and the violent crime that accompanies it 
     are at the heart of the Nation's current crime crisis;
       (3) the problem of international drug trafficking is 
     increasing and foreign narcotics syndicates continue to make 
     the United States their primary target;
       (4) drug abuse among our Nation's young people, after years 
     of decline, has recently increased;
       (5) interstate criminal street gangs, which deal in illicit 
     narcotics and which are responsible for so much violent 
     crime, are spreading into cities throughout the Nation;
       (6) the Senate has passed a comprehensive anti-crime bill 
     which increases authorizations for Federal and State law 
     enforcement, increases penalties for violent crime, and 
     enhances Federal law enforcement's role in combating violent 
     street crime;
       (7) the President's proposed budget for fiscal year 1995 
     cuts the number of Drug Enforcement Administration, Federal 
     Bureau of Investigation, Organized Crime Drug Enforcement 
     Task Force, and United States Attorney personnel;
       (8) absent the President's proposed budget cuts to Federal 
     law enforcement for fiscal year 1995, there are still 431 
     fewer FBI agents and 301 fewer DEA agents today than there 
     were in 1992 and, according to the President's budget, there 
     will not be a new FBI or DEA class until fiscal year 1996;
       (9) an adequate Federal law enforcement and Federal 
     prosecutor presence is critical to our Nation's effort to 
     respond to the crime and drug problem; and
       (10) President Clinton and Attorney General Reno have 
     publicly stated their support for enhanced efforts to fight 
     violent crime and drug trafficking.
       (b) Sense of the Congress.--It is the sense of Congress 
     that--
       (1) current levels of agent strength within the DEA and FBI 
     and the current number of assistant United States Attorneys 
     are inadequate to meet the Federal Government's obligations 
     to our Nation's law abiding citizens; and
       (2) at a minimum, the agent strength for the FBI and DEA 
     should be restored to end-of-fiscal year 1992 levels, and the 
     number of Assistant United States Attorneys should not be 
     reduced.
                                 ______


BANKRUPTCY AMENDMENTS ACT OF 1993 NATIONAL BANKRUPTCY REVIEW COMMISSION 
                                  ACT

                                 ______


                        HELMS AMENDMENT NO. 1581

  (Ordered to lie on the table.)
  Mr. HELMS submitted an amendment intended to be proposed by him to 
the bill (S. 540) to improve the administration of the bankruptcy 
system, address certain commercial issues and consumer issues in 
bankruptcy, and establish a commission to study and make 
recommendations on problems with the bankruptcy system, and for other 
purposes; as follows:

       On page 211, strike lines 1 through 12.
                                 ______


               CONGRESSIONAL BUDGET CONCURRENT RESOLUTION

                                 ______


                 COHEN (AND KERREY) AMENDMENT NO. 1582

  Mr. COHEN (for himself and Mr. Kerrey) proposed an amendment to the 
concurrent resolution Senate Concurrent Resolution 63, supra; as 
follows:

       At the end of title II insert the following:

     SEC. ____. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED 
                   RESCISSIONS.

       (a) Proposed Rescission of Budget Authority.--The President 
     may propose, at the time and in the manner provided in 
     subsection (b), the rescission of any budget authority 
     provided in an appropriations Act.
       (b) Transmittal of Special Message.--
       (1) Not later than 3 days after the date of enactment of an 
     appropriation Act, the President may transmit to Congress a 
     special message proposing to rescind amounts of budget 
     authority provided in that Act and include with that special 
     message a draft bill or joint resolution that, if enacted, 
     would only rescind that budget authority.
       (2) In the case of an appropriation Act that includes 
     accounts within the jurisdiction of more than one 
     subcommittee of the Committee on Appropriations, the 
     President in proposing to rescind budget authority under this 
     section shall send a separate special message and 
     accompanying draft bill or joint resolution for accounts 
     within the jurisdiction of each such subcommittee.
       (3) Each special message shall specify, with respect to the 
     budget authority proposed to be rescinded, the matters 
     referred to in paragraphs (1) through (5) of section 1012(a) 
     of the Impoundment Control Act of 1974.
       (c) Procedures for Expedited Consideration.--
       (1)(A) Before the close of the second day of continuous 
     session of the applicable House after the date of receipt of 
     a special message transmitted to Congress under subsection 
     (b), the majority leader or minority leader of the House of 
     Congress in which the appropriation Act involved originated 
     shall introduce (by request) the draft bill or joint 
     resolution accompanying that special message. If the bill or 
     joint resolution is not introduced as provided in the 
     preceding sentence, then, on the third day of continuous 
     session of that House after the date of receipt of that 
     special message, any Member of that House may introduce the 
     bill or joint resolution.
       (B) The bill or joint resolution shall be referred to the 
     Committee on Appropriations of that House. The committee 
     shall report the bill or joint resolution without substantive 
     revision and with or without recommendation. The bill or 
     joint resolution shall be reported not later than the seventh 
     day of continuous session of that House after the date of 
     receipt of that special message. If the Committee on 
     Appropriations fails to report the bill or joint resolution 
     within that period, that committee shall be automatically 
     discharged from consideration of the bill or joint 
     resolution, and the bill or joint resolution shall be placed 
     on the appropriate calendar.
       (C) A vote on final passage of the bill or joint resolution 
     shall be taken in that House on or before the close of the 
     10th calendar day of continuous session of that House after 
     the date of the introduction of the bill or joint resolution 
     in that House. If the bill or joint resolution is agreed to, 
     the Clerk of the House of Representatives (in the case of a 
     bill or joint resolution agreed to in the House of 
     Representatives) or the Secretary of the Senate (in the case 
     of a bill or joint resolution agreed to in the Senate) shall 
     cause the bill or joint resolution to be engrossed, 
     certified, and transmitted to the other House of Congress on 
     the same calendar day on which the bill or joint resolution 
     is agreed to.
       (2)(A) A bill or joint resolution transmitted to the House 
     of Representatives or the Senate pursuant to paragraph (1)(C) 
     shall be referred to the Committee on Appropriations of that 
     House. The committee shall report the bill or joint 
     resolution without substantive revision and with or without 
     recommendation. The bill or joint resolution shall be 
     reported not later than the seventh day of continuous session 
     of that House after it receives the bill or joint resolution. 
     A committee failing to report the bill or joint resolution 
     within such period shall be automatically discharged from 
     consideration of the bill or joint resolution, and the bill 
     or joint resolution shall be placed upon the appropriate 
     calendar.
       (B) A vote on final passage of a bill or joint resolution 
     transmitted to that House shall be taken on or before the 
     close of the 10th calendar day of continuous session of that 
     House after the date on which the bill or joint resolution is 
     transmitted. If the bill or joint resolution is agreed to in 
     that House, the Clerk of the House of Representatives (in the 
     case of a bill or joint resolution agreed to in the House of 
     Representatives) or the Secretary of the Senate (in the case 
     of a bill or joint resolution agreed to in the Senate) shall 
     cause the engrossed bill or joint resolution to be returned 
     to the House in which the bill or joint resolution 
     originated.
       (3)(A) A motion in the House of Representatives to proceed 
     to the consideration of a bill or joint resolution under this 
     section shall be highly privileged and not debatable. An 
     amendment to the motion shall not be in order, nor shall it 
     be in order to move to reconsider the vote by which the 
     motion is agreed to or disagreed to.
       (B) Debate in the House of Representatives on a bill or 
     joint resolution under this section shall not exceed 4 hours, 
     which shall be divided equally between those favoring and 
     those opposing the bill or joint resolution. A motion further 
     to limit debate shall not be debatable. It shall not be in 
     order to move to recommit a bill or joint resolution under 
     this section or to move to reconsider the vote by which the 
     bill or joint resolution is agreed to or disagreed to.
       (C) Appeals from decisions of the Chair relating to the 
     application of the Rules of the House of Representatives to 
     the procedure relating to a bill or joint resolution under 
     this section shall be decided without debate.
       (D) Except to the extent specifically provided in the 
     preceding provisions of this subsection, consideration of a 
     bill or joint resolution under this section shall be governed 
     by the Rules of the House of Representatives.
       (4)(A) A motion in the Senate to proceed to the 
     consideration of a bill or joint resolution under this 
     section shall be privileged and not debatable. An amendment 
     to the motion shall not be in order, nor shall it be in order 
     to move to reconsider the vote by which the motion is agreed 
     to or disagreed to.
       (B) Debate in the Senate on a bill or joint resolution 
     under this section, and all debatable motions and appeals in 
     connection therewith, shall not exceed 10 hours. The time 
     shall be equally divided between, and controlled by, the 
     majority leader and the minority leader or their designees.
       (C) Debate in the Senate on any debatable motion or appeal 
     in connection with a bill or joint resolution under this 
     section shall be limited to not more than 1 hour, to be 
     equally divided between, and controlled by, the mover and the 
     manager of the bill or joint resolution, except that in the 
     event the manager of the bill or joint resolution is in favor 
     of any such motion or appeal, the time in opposition thereto, 
     shall be controlled by the minority leader or his designee. 
     Such leaders, or either of them, may, from time under their 
     control on the passage of a bill or joint resolution, allot 
     additional time to any Senator during the consideration of 
     any debatable motion or appeal.
       (D) A motion in the Senate to further limit debate on a 
     bill or joint resolution under this section is not debatable. 
     A motion to recommit a bill or joint resolution under this 
     section is not in order.
       (d) Definitions.--For purposes of this section--
       (1) the term ``appropriation Act'' means any general or 
     special appropriation Act, and any Act or joint resolution 
     making supplemental, deficiency, or continuing 
     appropriations; and
       (2) continuity of a session of either House of Congress 
     shall be considered as broken only by an adjournment of that 
     House sine die, and the days on which that House is not in 
     session because of an adjournment of more than 3 days to a 
     date certain shall be excluded in the computation of any 
     period.

     SEC. ____. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED 
                   REPEALS OF TAX EXPENDITURES.

       (a) Proposed Repeal of Tax Expenditure.--The President may 
     propose, at the time and in the manner provided in subsection 
     (b), the repeal of any provision in an Act that would result 
     in a tax expenditure.
       (b) Transmittal of Special Message.--
       (1) Not later than 3 days after the date of enactment into 
     law of an Act containing a provision described in subsection 
     (a), the President may transmit to Congress a special message 
     proposing to repeal any such provision contained in that Act 
     and include with that special message a draft bill or joint 
     resolution that, if enacted, would repeal such provision.
       (2) Each special message shall include, with respect to the 
     provision proposed to be repealed, a budget analysis of such 
     provision.
       (c) Procedures for Expedited Consideration.--Each special 
     message transmitted pursuant to subsection (b) shall be 
     considered in accordance with the procedures provided for 
     special messages in the preceding section of this resolution.
       (d) Definition.--For purposes of this section, the term 
     ``tax expenditure'' shall have the meaning given such term in 
     section 3(3) of the Congressional Budget Act of 1974.
                                 ______


                 KERREY (AND COHEN) AMENDMENT NO. 1583

  Mr. KERREY (for himself and Mr. Cohen) proposed an amendment to the 
concurrent resolution Senate Concurrent Resolution 63, supra; as 
follows:

       At the end of title III, add the following:

     SEC. ____. SENSE OF THE SENATE REGARDING FEDERAL COURTHOUSE 
                   CONSTRUCTION.

       It is the sense of the Senate that--
       (1) the President's fiscal year 1995 budget includes a 
     request for 11 courthouses with a total estimated cost of 
     over $1,000,000,000;
       (2) while there may be significant need for new Federal 
     courthouses, the need for programs that prevent youth 
     violence before children get to courthouses is greater;
       (3) there should be a moratorium for fiscal year 1995 on 
     the construction of any new Federal courthouses which have 
     not already been specifically approved by Congress; and
       (4) priority should be given to programs for children and 
     families like Head Start and grants for maternal and infant 
     health care.
                                 ______


               SPECTER (AND HATFIELD) AMENDMENT NO. 1584

  Mr. SPECTER (for himself and Mr. Hatfield) proposed an amendment to 
the concurrent resolution Senate Concurrent Resolution 63, supra; as 
follows:

       At the end of title III add the following new section:

     SEC. ____. SENSE OF SENATE ON PAYMENT TO UNITED NATIONS OF 
                   UNITED STATES ARREARAGES IN CONTRIBUTIONS FOR 
                   PEACEKEEPING ACTIVITIES.

       (a) Sense of Senate on Authority and Outlays.--It is the 
     sense of the Senate that budget authority of $250,000,000 in 
     fiscal year 1995 and outlays of $170,000,000 in that fiscal 
     year based upon funds accruing under subsection (b) should be 
     allocated to the committee or committees of the Senate having 
     jurisdiction over contributions to the United Nations for 
     peacekeeping activities for the purposes of permitting the 
     payment of arrearages of the United States in commitments in 
     fiscal year 1994 for such contributions.
       (b) Sense of Senate on Funds.--It is the sense of the 
     Senate that funds should be available for the budget 
     authority of $250,000,000 and outlays of $170,000,000 
     referred to in subsection (a) as the result of--
       (1) the reimposition by the United States of charges on 
     foreign governments (other than Israel and Egypt) for the 
     non-recurring costs of research, development, and production 
     of major defense equipment licensed for commercial export to 
     such governments; and
       (2) the recoupment by the United States from such 
     governments of administrative costs relating to foreign 
     military sales; and
       (3) the elimination of all financing assistance for such 
     sales (other than sales to Israel and Egypt) by the United 
     States.
                                 ______


                JEFFORDS (AND OTHERS) AMENDMENT NO. 1585

  (Ordered to lie on the table.)
  Mr. JEFFORDS (for himself, Mr. Brown, and Mr. Simon) submitted an 
amendment proposed by them to the concurrent resolution Senate 
Concurrent Resolution 63, supra; as follows:

       On page 5, line 2, decrease the amount by $1,150,000,000.
       On page 5, line 3, decrease the amount by $1,250,000,000.
       On page 5, line 4, decrease the amount by $1,325,000,000.
       On page 5, line 5, decrease the amount by $1,425,000,000.
       On page 5, line 12, decrease the amount by $1,150,000,000.
       On page 5, line 13, decrease the amount by $1,250,000,000.
       On page 5, line 14, decrease the amount by $1,325,000,000.
       On page 5, line 15, decrease the amount by $1,425,000,000.
       On page 5, line 23, decrease the amount by $975,000,000.
       On page 5, line 24, decrease the amount by $1,225,000,000.
       On page 5, line 25, decrease the amount by $1,325,000,000.
       On page 6, line 1, decrease the amount by $1,425,000,000.
       On page 6, line 8, decrease the amount by $975,000,000.
       On page 6, line 9, decrease the amount by $1,225,000,000.
       On page 6, line 10, decrease the amount by $1,325,000,000.
       On page 6, line 11, decrease the amount by $1,425,000,000.
       On page 6, line 18, decrease the amount by $975,000,000.
       On page 6, line 19, decrease the amount by $1,225,000,000.
       On page 6, line 20, decrease the amount by $1,325,000,000.
       On page 6, line 21, decrease the amount by $1,425,000,000.
       On page 7, line 2, decrease the amount by $975,000,000.
       On page 7, line 3, decrease the amount by $1,225,000,000.
       On page 7, line 4, decrease the amount by $1,325,000,000.
       On page 7, line 5, decrease the amount by $1,425,000,000.
       On page 7, line 9, decrease the amount by $975,000,000.
       On page 7, line 10, decrease the amount by $2,200,000,000.
       On page 7, line 11, decrease the amount by $5,725,000,000.
       On page 7, line 12, decrease the amount by $7,150,000,000.
       On page 8, line 8, decrease the amount by $975,000,000.
       On page 8, line 9, decrease the amount by $1,225,000,000.
       On page 8, line 10, decrease the amount by $1,325,000,000.
       On page 8, line 11, decrease the amount by $1,425,000,000.
       On page 24, line 17, increase the amount by $1,000,000,000.
       On page 24, line 18, increase the amount by $1,000,000,000.
       On page 24, line 25, increase the amount by $4,375,000,000.
       On page 25, line 1, increase the amount by $3,850,000,000.
       On page 25, line 8, increase the amount by $4,450,000,000.
       On page 25, line 9, increase the amount by $4,375,000,000.
       On page 25, line 16, increase the amount by $4,525,000,000.
       On page 25, line 17, increase the amount by $4,525,000,000.
       On page 25, line 24, increase the amount by $4,600,000,000.
       On page 25, line 25, increase the amount by $4,600,000,000.
       On page 38, line 13, decrease the amount by $25,000,000.
       On page 38, line 14, decrease the amount by $25,000,000.
       On page 38, line 20, decrease the amount by $100,000,000.
       On page 38, line 21, decrease the amount by $100,000,000.
       On page 39, line 2, decrease the amount by $150,000,000.
       On page 39, line 3, decrease the amount by $150,000,000.
       On page 39, line 9, decrease the amount by $225,000,000.
       On page 39, line 10, decrease the amount by $225,000,000.
       On page 39, line 25, decrease the amount by $25,000,000.
       On page 40, line 1, decrease the amount by $25,000,000.
       On page 40, line 7, decrease the amount by $100,000,000.
       On page 40, line 8, decrease the amount by $100,000,000.
       On page 40, line 14, decrease the amount by $150,000,000.
       On page 40, line 15, decrease the amount by $150,000,000.
       On page 40, line 21, decrease the amount by $225,000,000.
       On page 40, line 22, decrease the amount by $225,000,000.
       On page 41, line 11, decrease the amount by $1,000,000,000.
       On page 41, line 12, decrease the amount by $1,000,000,000.
       On page 41, line 18, decrease the amount by $5,500,000,000.
       On page 41, line 19, decrease the amount by $4,800,000,000.
       On page 41, line 25, decrease the amount by $5,600,000,000.
       On page 42, line 1, decrease the amount by $5,500,000,000.
       On page 42, line 7, decrease the amount by $5,700,000,000.
       On page 42, line 8, decrease the amount by $5,700,000,000.
       On page 42, line 14, decrease the amount by $5,800,000,000.
       On page 42, line 15, decrease the amount by $5,800,000,000.
       On page 70, line 21, increase the amount by $1,125,000,000.
       On page 70, line 22, increase the amount by $950,000,000.
       On page 70, line 24, increase the amount by $1,150,000,000.
       On page 70, line 25, increase the amount by $1,125,000,000.
       On page 71, line 2, increase the amount by $1,175,000,000.
       On page 71, line 3, increase the amount by $1,175,000,000.
                                 ______


                      McCONNELL AMENDMENT NO. 1586

  Mr. DOMENICI (for Mr. McConnell) proposed an amendment to the 
concurrent resolution Senate Concurrent Resolution 63, supra; as 
follows:

       At the end of the resolution, add the following new 
     section:
       SEC.    .--Purpose: To express the Sense of the Senate 
     regarding U.S. policy in Eastern and Central Europe
       It is the sense of the Senate that, the assumptions 
     underlying the levels of spending set forth in this 
     resolution regarding the national defense (050) and 
     international affairs (150) budget categories include an 
     assumption that the United States will oppose through 
     appropriate means attempts by the Russian Federation to 
     intimidate, use military force or engage in economic coercion 
     to establish a sphere of influence over the former republics 
     of the Soviet Union, the Baltics, or Central and Eastern 
     European nations, consistent with provisions continued in the 
     Freedom Support Act and the Foreign Assistance Appropriations 
     Act of 1994.
                                 ______


                        LOTT AMENDMENT NO. 1587

  Mr. LOTT proposed an amendment to the motion to recommit Senate 
Concurrent Resolution 63, supra; as follows:

       Mr. President, I move to recommit Senate Concurrent 
     Resolution 63 to the Committee on the Budget with 
     instructions to report to the Senate, within 3 days (not 
     counting any day the Senate is not in session), a revised 
     concurrent resolution on the budget for the fiscal years 
     1995, 1996, 1997, 1998, and 1999 which specifies by function 
     any reductions in budget authority and outlays necessitated 
     by a lowering of the discretionary spending limits contained 
     in section 601 of the Congressional Budget Act of 1974, 
     provided that no such reduction come from the National 
     Defense Function (050) or the Allowances Function (920).
       The Committee on the Budget is further instructed to report 
     to the Senate a revised concurrent resolution on the budget 
     for fiscal years 1995, 1996, 1997, 1998, and 1999 which 
     includes all provisions adopted by the Senate during 
     consideration of Senate Concurrent Resolution 63.
                                 ______


                        ROBB AMENDMENT NO. 1588

  Mr. ROBB proposed an amendment to amendment No. 1587 proposed by Mr. 
Lott  to the motion to recommit Senate Concurrent Resolution 63, supra; 
as follows:

       Mr. President, I move to recommit Senate Concurrent 
     Resolution 63 to the Committee on the Budget with 
     instructions to report to the Senate, forthwith a revised 
     concurrent resolution on the budget for the fiscal years 
     1995, 1996, 1997, 1998, and 1999 which specifies by function 
     any reductions in budget authority and outlays necessitated 
     by a lowering of the discretionary spending limits contained 
     in section 601 of the Congressional Budget Act of 1974, 
     provided that no such reduction come from the National 
     Defense Function (050) or the Allowances Function (920).
       The Committee on the Budget is further instructed to report 
     to the Senate a revised concurrent resolution on the budget 
     for fiscal years 1995, 1996, 1997, 1998, and 1999 which 
     includes all provisions adopted by the Senate during 
     consideration of Senate Concurrent Resolution 63.
                                 ______


                 CHAFEE (AND OTHERS) AMENDMENT NO. 1589

  Mr. DOMENICI (for Mr. Chafee for himself, Mr. Wallop, Mr. Murkowski, 
and Mr. Cohen) proposed an amendment to concurrent resolution, Senate 
Concurrent Resolution 63, supra; as follows:

      SEC.   . SENSE OF SENATE REGARDING DIESEL FUEL DYEING 
                   REGULATIONS.

       (a) Findings.--The Senate finds that changes made to the 
     collection point of the diesel fuel excise tax made as part 
     of the Omnibus Reconciliation Act of 1993 and the Internal 
     Revenue Service regulations implementing such changes have 
     caused economic hardship, created market distortions, and 
     added burdens to users and suppliers of diesel fuel by--
       (1) requiring businesses, primarily small entrepreneurs, to 
     invest thousands of dollars in equipment, or choose between 
     taxable and nontaxable users of diesel fuel, in order to 
     comply with the new rules;
       (2) imposing cumbersome notification requirements for 
     marketers and distributors of diesel fuel and home heating 
     oil; and
       (3) creating shortages of fuel due to storage tank 
     limitations.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Internal Revenue Service should make every effort 
     to ensure its regulations implementing the changes to the 
     collection point for the diesel fuel excise tax will minimize 
     the economic hardship, market distortions, unnecessary 
     burdens, and supply shortages;
       (2) such regulations should, to the extent possible, be 
     consistent with Environmental Protection Agency regulations 
     implementing the diesel desulfurization program; and,
       (3) if the Internal Revenue Service lacks the authority to 
     issue revised regulations consistent with this resolution, 
     then Congress should consider legislation that will eliminate 
     these hardships, distortions, burdens, and shortages.
                                 ______


                HATCH (AND HUTCHISON) AMENDMENT NO. 1590

  Mr. DOMENICI (for Mr. Hatch, for himself and Mrs. Hutchison) proposed 
an amendment to the concurrrent resolution, Senate Concurrent 
Resolution 63, supra; as follows:

       At the end of the resolution, insert the following new 
     section:

     SEC. ____. SENSE OF SENATE THAT TAXES NOT BE INCREASED 
                   BECAUSE TAXPAYERS ARE MARRIED.

       (a) Findings.--The Senate finds that--
       (1) successful stable marriages are an essential part of a 
     successful stable society;
       (2) the breakdown of marriages has been one of the causes 
     of our unacceptable crime, illiteracy, school dropout, drug 
     abuse, and illegitimacy rates;
       (3) the Federal Government has a moral and ethical 
     obligation to help promote stable marriages or at least to 
     not undermine them financially;
       (4) the Internal Revenue Code currently contains a number 
     of provisions that financially penalize couples for becoming 
     or remaining married (so called ``marriage penalties'');
       (5) marriage penalties are in effect an annual Federal tax 
     on marriage licenses;
       (6) the Omnibus Budget Reconciliation Act of 1993 added new 
     marriage penalties to the Internal Revenue Code and expanded 
     some existing marriage penalties;
       (7) marriage penalties financially discriminate against the 
     most fundamental and important unit in our society--the 
     family--and are especially harmful to our Nation's children; 
     and
       (8) there is no policy justification for the Federal 
     Government to financially penalize couples simply because 
     they choose to become or remain legally married.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that no taxpayer, regardless of age, sex, income, or number 
     of dependents, should be required to pay more in Federal 
     taxes under any provision of the Internal Revenue Code 
     because that taxpayer is legally married.
                                 ______


               PACKWOOD (AND MOYNIHAN) AMENDMENT NO. 1591

  Mr. DOMENICI (for Mr. Packwood for himself and Mr. Moynihan) proposed 
an amendment to the concurrent resolution Senate Concurrent Resolution 
63, supra; as follows:

       In section 23 of the pending Resolution, on page 49, 
     beginning on line 7 strike the following: ``to a significant 
     degree''.
                                 ______


                DANFORTH (AND OTHERS) AMENDMENT NO. 1592

  Mr. Domenici (for Mr. Danforth for himself, Mr. Dole, Mr. Bond, and 
Mrs. Kassebaum) proposed an amendment to the concurrent resolution 
Senate Concurrent Resolution 63, supra; as follows:

       At the appropriate place insert the following:

     SEC.  . SENSE OF THE SENATE REGARDING CERTAIN DEPARTMENT OF 
                   ENERGY REDUCTIONS-IN-FORCE.

       It is the sense of the Senate that--
       (1) a reduction-in-force at the Department of Energy's 
     Kansas City Plant should not be carried out until--
       (A) the National Defense Authorization Act for fiscal year 
     1995 and the Energy and Water Development Appropriations Act 
     for fiscal year 1995 become law; or
       (B) Congress has otherwise approved such an action; and
                                 ______


               MURKOWSKI (AND STEVENS) AMENDMENT NO. 1593

  Mr. DOMENICI (for Mr. Murkowski, for himself and Mr. Stevens) 
proposed an amendment to the concurrent resolution Senate Concurrent 
Resolution 63, supra; as follows:

       At the end of title III, insert the following:

     SEC. ____. SENSE OF THE CONGRESS REGARDING MINERALS 
                   MANAGEMENT.

       It is the sense of the Congress that the budget authority 
     and outlay totals set forth in this resolution assume 
     sufficient funding under budget function 300 (Natural 
     Resources and Environment) to ensure--
       (1) the ability of the Minerals Management Service to run 
     an effective Outer Continental Shelf resource evaluation 
     program that responds to increased interest on OCS areas, 
     including Alaska;
       (2) the ability of the United States Geological Survey to 
     continue to perform mineral resource surveys at the same 
     levels as in previous years; and
       (3) the continued effective functioning of all current 
     Bureau of Mines offices.
                                 ______


            ORGAN AND BONE MARROW TRANSPLANTATION AMENDMENTS

                                 ______


                       KENNEDY AMENDMENT NO. 1594

  Mr. CONRAD (for Mr. Kennedy) proposed an amendment to the bill H.R. 
2659 to amend the Public Health Service Act to revise and extend 
programs relating to the transplantation of organs and bone marrow; as 
follows:

       Strike out all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Organ Transplant Program 
     Reauthorization Act of 1994''.

     SEC. 2. ORGAN PROCUREMENT ORGANIZATIONS.

       (a) In General.--Subsection (a) of section 371 of the 
     Public Health Service Act (42 U.S.C. 273(a)) is amended to 
     read as follows:
       ``(a)(1) The Secretary may make grants for the 
     consolidation and expansion of qualified organ procurement 
     organizations described in subsection (b).
       ``(2) The Secretary may make grants to, and enter into 
     cooperative agreements and contracts with, qualified organ 
     procurement organizations described in subsection (b) and 
     other public or nonprofit private entities for the purpose of 
     increasing organ donation through--
       ``(A) the planning and conducting of programs to provide 
     information and education to the public on the need for organ 
     donations;
       ``(B) the training of individuals in requesting such 
     donations; or
       ``(C) the provision of technical assistance to organ 
     procurement organizations and other entities in the health 
     care system.
       ``(3)(A) In making awards of grants, cooperative agreements 
     and contracts under subparagraphs (A) and (B) of paragraph 
     (2), the Secretary shall give priority to carrying out the 
     purpose described in such paragraph with respect to minority 
     or other populations for which there is a greater degree of 
     organ shortages relative to the general population.
       ``(B) In making awards of grants, cooperative agreements 
     and contracts under paragraph (2)(C), the Secretary shall 
     give priority to carrying out the purpose described in such 
     paragraph with respect to organ procurement organizations and 
     hospitals with lower rates of procurement relative to other 
     such organizations or hospitals.''.
       (b) Qualified Organ Procurement Organizations.--Section 
     371(b) of such Act (42 U.S.C. 273(b)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``for which grants may be made under subsection (a)'' and 
     inserting ``described in this section'';
       (B) by realigning the margin of subparagraph (E) so as to 
     align with the margin of subparagraph (D); and
       (C) in subparagraph (G)--
       (i) in the matter preceding clause (i), by striking 
     ``directors or an advisory board'' and inserting ``directors 
     (or an advisory board, in the case of a hospital-based organ 
     procurement organization established prior to September 1, 
     1993)''; and
       (ii) in clause (i)--

       (I) by striking ``composed of'' in the matter preceding 
     subclause (I) and inserting ``composed of a reasonable 
     balance of''; and
       (II) by inserting before the comma in subclause (II) the 
     following: ``, including individuals who have received a 
     transplant of an organ (or transplant candidates), and 
     individuals who are part of the family of an individual who 
     has donated an organ'';

       (2) by striking paragraph (2);
       (3) by redesignating paragraph (3) as paragraph (2);
       (4) in paragraph (2) (as so redesignated)--
       (A) by redesignating subparagraphs (B) through (K) as 
     subparagraphs (C) through (L), respectively,
       (B) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) conduct and participate in systematic efforts, 
     including public education, to increase the number of 
     potential donors,'';
       (C) by inserting before the comma in subparagraph (F) (as 
     so redesignated) the following: ``, which system shall, at a 
     minimum, allocate each type of organ on the basis of--
       ``(i) a single list encompassing the entire service area;
       ``(ii) a list that encompasses at least an entire State; or
       ``(iii) a list that encompasses an approved alternative 
     local unit (as defined in paragraph (4)),

     of individuals who have been medically referred to a 
     transplant center in the service area of the organization in 
     order to receive a transplant of the type of organ with 
     respect to which the list is maintained;'';
       (D) by striking subparagraph (I) (as so redesignated) and 
     inserting the following new subparagraph:
       ``(I) be a member of and abide by the rules and 
     requirements of the Organ Procurement and Transplantation 
     Network established under section 372,''; and
       (E) by striking subparagraph (K) (as so redesignated) and 
     inserting the following new subparagraph:
       ``(K) evaluate annually, and report to the Organ 
     Procurement and Transplantation Network established under 
     section 372, on the effectiveness of the organization in 
     acquiring potentially available organs, particularly among 
     minority populations, and the variation of procurement across 
     hospitals within the organ procurement organization region, 
     and identify a plan to increase procurement, particularly 
     among minority populations and other populations for which 
     there is a greater degree of organ shortages relative to the 
     general population, and at hospitals with low rates of 
     procurement, and''; and
       (5) by adding at the end thereof the following new 
     paragraphs:
       ``(3)(A) The Office of Technology Assessment shall conduct 
     a study for the purpose of defining--
       ``(i) the appropriate standards by which to judge the 
     quality of performance of organ procurement organizations; 
     and
       ``(ii) the proper criteria for a determination of 
     inadequate service from an organ procurement organization.
       ``(B) Not later than 2 years after the date of enactment of 
     this paragraph, the Office of Technology Assessment shall 
     complete the study required under subparagraph (A) and 
     prepare and submit to the Committee on Labor and Human 
     Resources of the Senate, the Committee on Energy and Commerce 
     of the House of Representatives, and the Secretary, a report 
     describing the findings made as a result of the study.
       ``(C) For purposes of this paragraph the term `organ' means 
     a human kidney, liver, heart, lung, pancreas, and any other 
     human organ or tissue specified by the Secretary for purposes 
     of this paragraph.
       ``(4)(A) As used in paragraph (2)(F), the term `alternative 
     local unit' means--
       ``(i) a unit composed of two or more contiguous organ 
     procurement organizations; or
       ``(ii) a subdivision of an organ procurement organization 
     that operates as a distinct procurement and distribution unit 
     as a result of special geographic, rural, or minority 
     population concerns but that is not composed of any subunit 
     of a metropolitan statistical area.
       ``(B) The Organ Procurement and Transplantation Network 
     shall make recommendations to the Secretary concerning the 
     approval or denial of alternative local units. The Network 
     shall assess whether the alternative local units will better 
     promote organ donation and the equitable allocation of 
     organs.
       ``(C) The Secretary shall approve or deny any alternative 
     local unit principle or designation recommended by the 
     Network. If the Secretary does not provide otherwise prior to 
     the expiration of the 90-day period beginning on the date on 
     which the application is submitted, the recommendations of 
     the Network under subparagraph (B) with respect to the 
     application of the alternative local unit shall go into 
     effect.''.
       (c) Effective Date.--The amendments made by subsection 
     (b)(5) shall apply to organ procurement organizations 
     beginning January 1, 1995.

     SEC. 3. ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK.

       Section 372(b) of the Public Health Service Act (42 U.S.C. 
     274(b)) is amended--
       (1) in paragraph (1)(B)--
       (A) in clause (i)--
       (i) by striking ``(including organizations that have 
     received grants under section 371)''; and
       (ii) by striking ``; and'' at the end thereof and inserting 
     ``(including both individuals who have received a transplant 
     of an organ (or transplant candidates), and individuals who 
     are part of the family of individuals who have donated an 
     organ, the number of whom shall make up not less than 40 
     percent of the total number of board members); and''; and
       (B) in clause (ii), by inserting ``including a patient 
     affairs committee'' after ``committees,''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking clause (i) and 
     inserting the following new clause:
       ``(i) with respect to each type of transplant, a national 
     list of individuals who have been medically referred to 
     receive a transplant of the type of organs with respect to 
     which the list is maintained (which list shall include the 
     names of all individuals included on lists in effect under 
     section 371(b)(2)(F), and'';
       (B) in subparagraph (B), by inserting ``, including 
     requirements under section 371(b),'' after ``membership 
     criteria'';
       (C) by redesignating subparagraphs (E) through (L), as 
     subparagraphs (F) through (M), respectively;
       (D) by inserting after subparagraph (D), the following new 
     subparagraph:
       ``(E) assist organ procurement organizations in the 
     equitable distribution of organs among transplant 
     patients,'';
       (E) in subparagraph (K) (as so redesignated), by striking 
     ``and'' at the end thereof;
       (F) in subparagraph (L) (as so redesignated), by striking 
     the period and inserting ``, including making recommendations 
     to organ procurements organizations and the Secretary based 
     on the annual reports required under section 371(b)(2)(K),'';
       (G) in subparagraph (M) (as so redesignated), by striking 
     the period and inserting a comma; and
       (H) by adding at the end thereof the following new 
     subparagraphs:
       ``(N) submit to the Secretary for review and approval any 
     change in the amount of fees imposed by the Network for the 
     registration of individuals on the lists maintained under 
     subparagraph (A)(i), such change to be considered as approved 
     if the Secretary does not provide otherwise prior to the 
     expiration of the 90-day period beginning on the date on 
     which the change is submitted to the Secretary,
       ``(O) make available to the Secretary such information, 
     books, and records regarding the Network as the Secretary may 
     require,
       ``(P) submit to the Secretary, on an annual basis, a report 
     on the clinical and scientific status of the organ 
     transplantations, and
       ``(Q) meet such other criteria regarding compliance with 
     this part as the Secretary may establish.''.

     SEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE.

       Section 377 of the Public Health Service Act (42 U.S.C. 
     274f) is amended to read as follows:

     ``SEC. 377. STUDY BY GENERAL ACCOUNTING OFFICE.

       ``(a) Study.--
       ``(1) In general.--The Comptroller General of the United 
     States shall conduct a study for the purpose of determining 
     and making recommendations concerning--
       ``(A) the composition of the boards of directors of organ 
     procurement organizations and of the Organ Procurement and 
     Transplantation Network on the date of enactment of this 
     section, and the effect of the Organ Transplant Program 
     Reauthorization Act of 1994 on the composition and 
     functioning of such boards;
       ``(B)(i) the number and percentage of cadaveric organ 
     transplants for foreign nationals and nonresident aliens 
     categorized by organ procurement organization and by 
     transplant center and information on any reciprocal 
     agreements between organ procurement organizations and 
     foreign countries or territories;
       ``(ii) the number and percent of the organizations referred 
     to in clause (i) above the organ procurement transplant 
     network guideline of 10 percent; and
       ``(III) any information on the current rate of organ 
     donation by individuals other than United States citizens or 
     legal residents;
       ``(C) organ donation rates and the impact of various organ 
     allocation systems on organ procurement rates; and
       ``(D) the equitable allocation of organs nationwide, 
     including an analysis of the relative probability of 
     receiving an organ for patients with similar characteristics 
     for each category of transplanted organ by organ procurement 
     organization and recommendations for developing a regional 
     allocation system in order to ensure that--
       ``(i) patients in one region have an equivalent probability 
     of receiving an organ as do patients with similar 
     characteristics in another region; and
       ``(ii) patients within a region have an equivalent 
     probability of receiving an organ as do other patients with 
     similar characteristics in that region.
       ``(2) Equitable allocation.--In carrying out paragraph (1) 
     with respect to subparagraph (D), the Comptroller General 
     shall--
       ``(A) recommend regions for allocating organs to encompass 
     as large a geographic area as is practical, taking into 
     account medical appropriateness, and the geographic proximity 
     of patients with comparable priority for receiving an organ;
       ``(B) take into account the impact on organ donation and 
     procurement rates; and
       ``(C) consult with experts in the area of organ allocation 
     and organ donations and consider their recommendations 
     regarding the establishment of regions in the country for the 
     purpose of allocating organs.
       ``(b) Report.--Not later than 2 years after the date of 
     enactment of the Organ Transplant Program Reauthorization Act 
     of 1994, the Comptroller General of the United States shall 
     complete the study required under subsection (a) and prepare 
     and submit to the Committee on Energy and Commerce of the 
     House of Representatives, and to the Committee on Labor and 
     Human Resources of the Senate, a report describing the 
     findings made as a result of the study.''.

     SEC. 5. GENERAL PROVISIONS.

       (a) Limitation.--Section 374(b) of the Public Health 
     Service Act (42 U.S.C. 274b(b)) is amended--
       (1) by striking paragraph (2);
       (2) by redesignating paragraph (3) as paragraph (2); and
       (3) in paragraph (2) (as so redesignated), by striking 
     ``371(a)(3)'' and inserting ``371(a)(2)''.
       (b) Repeal.--Section 376 of the Public Health Service Act 
     (42 U.S.C. 274d) is repealed.
       (c) Transfer.--Section 378 of the Public Health Service Act 
     (42 U.S.C. 274g) is amended--
       (1) by transferring such section to part H of title III; 
     and
       (2) by inserting such section after section 377.
       (d) Authorization of Appropriations.--Section 378 of the 
     Public Health Service Act (42 U.S.C. 274g) is amended by 
     striking ``1991'' and all that follows through the period and 
     inserting ``1994, and such sums as may be necessary for each 
     of the fiscal years 1995 and 1996.''.

     SEC. 6. EFFECTIVE DATES.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this Act shall become effective on the 
     date of enactment of this Act.
       (b) Exception.--The amendments made by section 2(b)(4)(C) 
     shall become effective 9 months after the date of enactment 
     of this Act. Prior to such date, section 371(b)(3)(E) of the 
     Public Health Service Act, as in effect on the day before the 
     date of the enactment of this Act, shall remain in effect.

                                 ______


               KENNEDY (AND KASSEBAUM) AMENDMENT NO. 1595

  Mr. CONRAD. (for Mr. Kennedy, for himself and Mrs. Kassebaum) 
proposed an amendment to amendment No. 1594 proposed by Mr. Kennedy to 
the bill H.R. 2659 to amend the Public Health Service Act to revise and 
extend programs relating to the transplantation of organs and bone 
marrow; as follows:

       At the appropriate place, add the following new section:

     SEC. ____. COMPREHENSIVE CHILD IMMUNIZATION.

       (a) Short Title; References and Purpose.--
       (1) Short title.--This section may be cited as the 
     ``Comprehensive Child Immunization Act of 1993''.
       (2) References.--Except as otherwise expressly provided, 
     whenever in this section 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 Public Health Service Act 
     (42 U.S.C. 201 et seq.).
       (3) Purpose.--It is the purpose of this section to ensure 
     that children in the United States are appropriately 
     immunized against vaccine preventable infectious diseases at 
     the earliest appropriate age.
       (b) Monitoring of Childhood Immunizations.--Title XXI of 
     the Public Health Service Act (42 U.S.C. 300aa-1 et seq.) is 
     amended by adding at the end thereof the following new 
     subtitle:
  ``Subtitle 3--Improved Immunization Delivery and Monitoring Systems

             ``Part A--List of Vaccines and Administration

     ``SEC. 2141. LIST OF PEDIATRIC VACCINES; SCHEDULE FOR 
                   ADMINISTRATION.

       ``(a) Recommended Pediatric Vaccines.--
       ``(1) In general.--The Secretary shall establish a list of 
     the vaccines that the Secretary recommends for administration 
     to all children for the purpose of immunizing the children, 
     subject to such contraindications for particular medical 
     categories of children as the Secretary may establish under 
     subsection (b)(1)(D). The Secretary shall periodically review 
     the list, and shall revise the list as appropriate.
       ``(2) Rule of construction.--
       ``(A) The list of vaccines specified in subparagraph (B) is 
     deemed to be the list of vaccines maintained under paragraph 
     (1).
       ``(B) The list of vaccines specified in this subparagraph 
     is the list of vaccines that, for purposes of paragraph (1), 
     is established (and periodically reviewed and as appropriate 
     revised) by the Advisory Committee on Immunization Practices, 
     an advisory committee established by the Secretary, acting 
     through the Director of the Centers for Disease Control and 
     Prevention.
       ``(b) Recommended Schedule for Administration.--
       ``(1) In general.--Subject to paragraph (2), in the case of 
     a pediatric vaccine, the Secretary shall establish (and 
     periodically review and as appropriate revise) a schedule of 
     nonbinding recommendations for the following:
       ``(A) The number of immunizations with the vaccine that 
     children should receive.
       ``(B) The ages at which children should receive the 
     immunizations.
       ``(C) The dose of vaccine that should be administered in 
     the immunizations.
       ``(D) Any contraindications regarding administration of the 
     vaccine.
       ``(E) Such other guidelines as the Secretary determines to 
     be appropriate with respect to administering the vaccine to 
     children.
       ``(2) Variations in medical practice.--In establishing and 
     revising a schedule under paragraph (1), the Secretary shall 
     ensure that, in the case of the pediatric vaccine involved, 
     the schedule provides for the full range of variations in 
     medical judgment regarding the administration of the vaccine, 
     subject to remaining within medical norms.
       ``(3) Rule of construction.--
       ``(A) The schedule specified in subparagraph (B) is deemed 
     to be the schedule maintained under paragraph (1).
       ``(B) The schedule specified in this subparagraph is the 
     schedule that, for purposes of paragraph (1), is established 
     (and periodically reviewed and as appropriate revised) by the 
     advisory committee specified in subsection (a)(2)(B).
       ``(c) Generally Applicable Rules of Construction.--This 
     section does not supersede any State law or requirements with 
     respect to receiving immunizations (including any such law 
     relating to religious exemptions or other exemptions under 
     such State laws).
       ``(d) Issuance of List and Schedules.--Not later than 180 
     days after the date of the enactment of this section, the 
     Secretary shall establish the initial list required in 
     subsection (a) and the schedule required in subsection (b).

      ``Part B--State Registry System for Immunization Information

     ``SEC. 2145. PURPOSE.

       ``It is the purpose of this part to authorize the 
     Secretary, in consultation with State public health 
     officials, to establish State registry systems to monitor the 
     immunization status of all children.

     ``SEC. 2146. GRANTS FOR IMMUNIZATION REGISTRIES.

       ``(a) In general.--For the purpose described in section 
     2145, the Secretary, acting through the Director of the 
     Centers for Disease Control and Prevention, shall make an 
     allotment each fiscal year for each State in an amount 
     determined in accordance with section 2151. The Secretary 
     shall make a grant to the State of the allotment made for the 
     State for the fiscal year if the State submits to the 
     Secretary an application in accordance with section 2150 on 
     behalf of the chief executive officer of such State.
       ``(b) Design of State Registries.--To carry out the purpose 
     described in section 2145, a State registry established under 
     this part shall be designed to--
       ``(1) provide accurate and up to date surveillance data 
     regarding immunization rates at the State and local levels;
       ``(2) assist in identifying localities with inadequate 
     immunization rates to target for necessary remedial 
     assistance;
       ``(3) assist in the effective administration and management 
     of immunization programs at State and local levels by 
     providing data to guide immunization program efforts;
       ``(4) assist the State in providing and receiving 
     information on the immunization status of children who move 
     across geographic boundaries that are covered by different 
     State or local registries; and
       ``(5) facilitate the linkage of vaccine dosage information 
     to adverse events reported to the Centers for Disease Control 
     and Prevention under section 2125(b) and disease outbreak 
     patterns, for the purpose of monitoring vaccine safety and 
     effectiveness.
       ``(c) Eligible Use of Funds.--The Secretary may make a 
     grant under subsection (a) only if the State agrees to expend 
     the grant for the purpose of--
       ``(1) collecting the data described in section 2147;
       ``(2) operating registries to maintain the data (and 
     establishing such registries, in the case of a State that is 
     not operating such a registry);
       ``(3) utilizing the data to monitor the extent to which 
     children have received immunizations in accordance with the 
     schedule established under section 2141;
       ``(4) notifying parents, as appropriate, if children have 
     not received immunizations in accordance with such schedule;
       ``(5) coordinating and exchanging information with other 
     State registries to allow the monitoring of the immunization 
     status of children changing State of residence; and
       ``(6) such other activities as the Secretary may authorize 
     with respect to achieving the objectives established by the 
     Secretary for the year 2000 for the immunization status of 
     children in the United States.
       ``(d) Requirement Regarding State Law.--
       ``(1) In general.--The Secretary may make a grant under 
     subsection (a) only if the State involved--
       ``(A) provides assurances satisfactory to the Secretary 
     that, not later than October 1, 1996, the State will be 
     operating a registry in accordance with this part, including 
     having in effect such laws and regulations as may be 
     necessary to so operate such a registry;
       ``(B) agrees that, prior to such date, the State will make 
     such efforts to operate a registry in accordance with this 
     part as may be authorized in the law and regulations of the 
     State; and
       ``(C) has in effect such laws and regulations as may be 
     necessary to ensure the following safeguards for the rights 
     of parents:
       ``(i) An exemption for the parent, upon the request of the 
     parent, from the requirements established by the State, 
     pursuant to this part, for the collection of data described 
     in subsections (b) and (c) of section 2147, or the collection 
     of any other data regarding any child of the parent that the 
     State may require for incorporation in the State immunization 
     registry.
       ``(ii) Restrictions ensuring that no information relating 
     to a child or to the parent or guardian of a child that is 
     collected or maintained by the State immunization registry 
     pursuant to this part, or the national immunization 
     surveillance program established under section 2153, will be 
     used as a basis for the criminal prosecution or the 
     commencement of a criminal investigation of a parent or 
     guardian.
       ``(2) Rules of construction.--
       ``(A) With respect to the agreements made by a State under 
     this part, other than paragraph (1)(B), the Secretary may 
     require compliance with the agreements only to the extent 
     consistent with such paragraph.
       ``(B) The provisions of this part do not authorize the 
     Secretary, as a condition of the receipt of a grant under 
     subsection (a) by a State, to prohibit the State from 
     providing any parent, upon the request of the parent, with an 
     exemption from the requirements established by the State 
     pursuant to this part for the collection of data regarding 
     any child of the parent.

     ``SEC. 2147. REGISTRY DATA.

       ``(a) In General.--For purposes of section 2146(c)(1), the 
     data described in this section are the data described in 
     subsection (b) and the data described in subsection (c).
       ``(b) Data Regarding Birth of Child.--With respect to the 
     birth of a child, the data described in this subsection is as 
     follows:
       ``(1) The name of each child born in the State involved 
     after the date of the implementation of the registry (in no 
     event shall such date be later than October 1, 1996).
       ``(2) Demographic data on the child.
       ``(3) The name of one or both of the parents of the child. 
     If the child has been given up for adoption, any information 
     regarding the identity of the birth parent or parents of the 
     child may not be entered into the registry, or if entered, 
     shall be deleted.
       ``(4) The address, as of the date of the birth of the 
     child, of each parent whose name is received in the registry 
     pursuant to paragraph (3).
       ``(c) Data Regarding Individual Immunizations.--With 
     respect to a child to whom a pediatric vaccine is 
     administered in the State involved, the data described in 
     this subsection is as follows:
       ``(1) The name, age, and address of the child.
       ``(2) The date on which the vaccine was administered to the 
     child.
       ``(3) The name and business address of the health care 
     provider that administered the vaccine.
       ``(4) The address of the facility at which the vaccine was 
     administered.
       ``(5) The name and address of one or both parents of the 
     child as of the date on which the vaccine was administered, 
     if such information is available to the health care provider.
       ``(6) The type of vaccine.
       ``(7) The lot number or other information identifying the 
     particular manufacturing batch of the vaccine.
       ``(8) The dose of vaccine that was administered.
       ``(9) A notation of the presence of any adverse medical 
     reactions that the child experienced in relation to the 
     vaccine and of which the health care provider is aware, in 
     accordance with section 2125.
       ``(10) The presence of contraindications noted by the 
     health care provider with respect to administration of the 
     vaccine to the child.
       ``(11) Such other data regarding immunizations for the 
     child, including identifying data, as the Secretary, in 
     consultation with State public health officials, may require 
     consistent with applicable law (including social security 
     account numbers furnished pursuant to section 205(c)(2)(E) of 
     the Social Security Act).
       ``(d) Limitation.--The Secretary may not establish 
     information reporting requirements in addition to those 
     described in subsection (c) if such requirements are unduly 
     burdensome.
       ``(e) Date Certain for Submission to Registry.--The 
     Secretary may make a grant under section 2146 only if the 
     State involved agrees to ensure that, with respect to a 
     child--
       ``(1) the data described in subsection (b) are submitted to 
     the registry under such section as soon as possible but in no 
     event later than 8 weeks after the date on which the child is 
     born; and
       ``(2) the data described in subsection (c) with respect to 
     a vaccine are submitted to such registry as soon as possible 
     but in no event later than 4 weeks after the date on which 
     the vaccine is administered to the child.
       ``(f) Uniformity in Methodologies.--The Secretary shall, in 
     consultation with State public health officials, establish 
     standards regarding the methodologies used in establishing 
     and operating registries under section 2146, and may make a 
     grant under such section only if the State agrees to comply 
     with the standards. The Secretary shall provide maximum 
     flexibility to the States while also retaining a reasonable 
     degree of uniformity among the States in such methodologies 
     for the purpose of ensuring the utility, comparability, and 
     exchange of the data maintained in such registries.
       ``(g) Coordination Among States.--The Secretary may make a 
     grant under section 2146 to a State only if, with respect to 
     the operation of the registry of the State under such 
     section, the State agrees to transfer that information 
     contained in the State registry pursuant to section 2146 to 
     other States upon the request of such States for such 
     information.

     ``SEC. 2148. FEDERAL STANDARDS ON CONFIDENTIALITY.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary, in consultation with the 
     States, shall by regulation establish standards providing for 
     maintaining the confidentiality of the identity of 
     individuals with respect to whom data are maintained in 
     registries under section 2146. Such standards shall, with 
     respect to a State, provide that the State is to have in 
     effect laws or regulations regarding such confidentiality, 
     including appropriate penalties for violation of the laws. 
     The Secretary may make a grant under such section only if the 
     State involved agrees to comply with the standards.
       ``(2) Use of disclosure.--
       ``(A) No personally identifiable information relating to a 
     child or to the parent or guardian of such child that is 
     collected or maintained by the State registry may be used or 
     disclosed by any holder of such information except as 
     permitted for--
       ``(i) the monitoring of a child's immunization status;
       ``(ii) oversight, audit, and evaluation of the immunization 
     delivery and registry systems;
       ``(iii) activities relating to establishing and maintaining 
     a safe and effective supply of recommended childhood vaccine;
       ``(iv) processing of insurance claims for payment for 
     vaccine administration (but only to the extent necessary for 
     processing claims); and
       ``(v) administration of the National Vaccine Injury 
     Compensation Program under subtitle 2.
       ``(B) Information regarding immunizations provided as 
     described in subparagraph (A)(i) may be used or disclosed 
     only with the written authorization of the individual to whom 
     it refers or to the parent with custody of such individual.
       ``(b) Use of Social Security Account Numbers.--Any usage or 
     disclosure of data in registries under section 2146 that 
     consists of social security account numbers and related 
     information which is otherwise permitted under this part may 
     be exercised only to the extent permitted under section 
     205(c)(2)(E) of the Social Security Act. For purposes of the 
     preceding sentence, the term `related information' has the 
     meaning given such term in clause (iv)(II) of such section.

     ``SEC. 2149. PROVIDER PARTICIPATION.

       ``(a) In General.--The State shall monitor and enforce 
     compliance by health care providers with the requirements of 
     sections 2147 and 2148 and section 2155(b) for all doses of 
     pediatric vaccine administered in the State. The State shall 
     establish procedures satisfactory to the Secretary for 
     discontinuing the distribution of federally purchased or 
     State purchased vaccine for any health care provider who 
     fails to comply with the requirements of section 2147 and for 
     reinstating such vaccine supply to such provider upon 
     receiving from such provider--
       ``(1) the reports necessary to make current and complete 
     the information that would have been furnished to the State 
     registry between the dates of the provider's termination and 
     reinstatement; and
       ``(2) satisfactory assurances regarding the provider's 
     future compliance.
       ``(b) Reports to Secretary.--The Secretary may make a grant 
     under section 2146 only if the State involved agrees to 
     submit to the Secretary such reports as the Secretary 
     determines to be appropriate with respect to the activities 
     of the State under this part.

     ``SEC. 2150. APPLICATION FOR GRANT.

       ``An application by a State for a grant under section 2146 
     is in accordance with this section if the application--
       ``(1) is submitted not later than the date specified by the 
     Secretary;
       ``(2) contains each agreement required in this part;
       ``(3) contains any information required in this part to be 
     submitted to the Secretary; and
       ``(4) is in such form, is made in such manner, and contains 
     such agreements, assurances, and information as the Secretary 
     determines to be necessary to carry out this part.

     ``SEC. 2151. DETERMINATION OF AMOUNT OF ALLOTMENT.

       ``The Secretary shall determine the amount of the 
     allotments required in section 2146 for States for a fiscal 
     year in accordance with a formula established by the 
     Secretary that allots the amounts appropriated under section 
     2152 for the fiscal year on the basis of the costs of the 
     States in establishing and operating registries under section 
     2146.

     ``SEC. 2152. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, other than 
     section 2153, there are authorized to be appropriated 
     $152,000,000 for fiscal year 1994, $125,000,000 for fiscal 
     year 1995, and $35,000,000 for each of the fiscal years 1996 
     through 1999.

     ``SEC. 2153. NATIONAL IMMUNIZATION SURVEILLANCE PROGRAM.

       ``(a) In General.--The Secretary shall establish a national 
     immunization surveillance program for the purpose of 
     assessing the effects of the programs and activities provided 
     for in this subtitle towards appropriately immunizing 
     children and facilitating State immunization registries. The 
     national immunization surveillance program shall--
       ``(1) provide technical assistance to States for the 
     development of vaccination registries and monitoring systems; 
     and
       ``(2) receive aggregate epidemiologic data (that is in a 
     format that is not person specific) collected by States as 
     provided for in section 2147 at intervals determined 
     appropriate by the Secretary for the purpose of--
       ``(A) compiling accurate and up-to-date surveillance data 
     regarding immunization rates at the State level in order to 
     assess the progress made towards achieving nationally 
     established immunization goals;
       ``(B) assisting in the effective administration and 
     management of immunization programs at the State level by 
     providing technical assistance to guide immunization program 
     efforts at the request of the State;
       ``(C) providing technical assistance to States and 
     localities to facilitate monitoring the immunization status 
     of children who move across geographic boundaries that are 
     covered by different State or local registries at the request 
     of such States or localities; and
       ``(D) monitoring the safety and effectiveness of vaccines 
     by linking vaccine dosage information with adverse events 
     reporting under section 2125(b) and disease outbreak 
     patterns.
       ``(b) Rule of Construction.--Nothing in this subtitle shall 
     be construed to authorize the release of person specific 
     information to the Secretary for the purpose of immunization 
     surveillance.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section in each of the fiscal years 1994 
     through 1999.

     ``SEC. 2154. REPORT.

       ``Not later than January 1, 1995, and biennially 
     thereafter, the Secretary shall prepare and submit to the 
     appropriate committees of Congress a report concerning the 
     planning, development, operation and effectiveness of the 
     national immunization surveillance program and the State 
     immunization registries.

   ``Part C--Distribution of Vaccines, Public Outreach and Education

     ``SEC. 2155. DISTRIBUTION OF VACCINES.

       ``(a) In General.--
       ``(1) Health care providers.--The Secretary shall provide 
     for the distribution, without charge, of recommended 
     pediatric vaccines (in accordance with section 2141) 
     purchased by the Secretary to health care providers who serve 
     children and who--
       ``(A) are members of a uniformed service, or are officers 
     or employees of the United States;
       ``(B) are health centers (as defined in section 2163); or
       ``(C) provide services under section 503 of the Indian 
     Health Care Improvement Act or pursuant to a contract under 
     section 102 of the Indian Self Determination Act.
       ``(2) States.--The Secretary shall provide for the 
     distribution, without charge, of those recommended pediatric 
     vaccines that are purchased by the Secretary and provided to 
     States for the purposes of immunizing medicaid-eligible 
     children, and additional vaccines that may be purchased by 
     the Secretary for children within those States.
       ``(b) Duties of Health Care Providers.--
       ``(1) Free provision to children.--A health care provider 
     or entity receiving vaccine under this section may use such 
     vaccine only for administration to children and may not 
     impose a charge for such vaccine. A provider or health care 
     entity may impose a fee that reflects actual regional costs 
     as determined by the Secretary for the administration of such 
     vaccine, except that a provider may not deny a child a 
     vaccination due to the inability of the child's parent to pay 
     an administration fee.
       ``(2) Reporting requirements.--A health care provider 
     receiving vaccine under this section shall report the 
     information required under section 2147 to the applicable 
     State registry operated pursuant to a grant under section 
     2146 if such State registry exists. The provider shall 
     additionally report to such State registry any occurrence 
     reported to the Secretary pursuant to section 2125(b). The 
     provider shall also provide regular and periodic estimates to 
     the State of the provider's future dosage needs for 
     recommended childhood vaccines distributed under this 
     section. All reports shall be made with such frequency and in 
     such detail as the Secretary, in consultation with State 
     public health officials, may prescribe.

     ``SEC. 2156. IMPROVED IMMUNIZATION DELIVERY, OUTREACH AND 
                   EDUCATION.

       ``(a) Federal Efforts.--The Secretary, acting through the 
     Centers for Disease Control and Prevention and in conjunction 
     with State health officials and other appropriate public and 
     private organizations, shall conduct the following activities 
     to improve Federal, State and local vaccine delivery systems 
     and immunization outreach and education efforts:
       ``(1) National public awareness campaign.--
       ``(A) In general.--The Secretary, in conjunction with State 
     health officials and other appropriate public and private 
     organizations, shall develop and implement a National 
     Immunization Public Awareness Campaign to assist families 
     (through bilingual means if necessary) of children under the 
     age of 2 years, and expectant parents, in obtaining knowledge 
     concerning the importance of having their children immunized 
     and in identifying the vaccines, schedules for immunization, 
     and vaccine provider locations, appropriate with respect to 
     their children.
       ``(B) Implementation.--In implementing the Campaign under 
     subparagraph (A), the Secretary shall ensure that--
       ``(i) new and innovative methods are developed and utilized 
     to publicly advertise the need to have children immunized in 
     a timely manner;
       ``(ii) print, radio and television media are utilized to 
     convey immunization information to the public; and
       ``(iii) with respect to immunization information, efforts 
     are made to target pregnant women and the parents of children 
     under the age of 2.
       ``(2) Interagency committee on immunization.--The 
     Secretary, in conjunction with the Secretary of Agriculture, 
     the Secretary of Housing and Urban Development, and the 
     Secretary of Education, shall carry out activities through 
     the Interagency Committee on Immunization to incorporate 
     immunization status assessments and referral services as an 
     integral part of the process by which individuals apply for 
     assistance under--
       ``(A) the food stamp program under the Food Stamp Act of 
     1977;
       ``(B) section 17 of the Child Nutrition Act of 1966;
       ``(C) the Head Start Act;
       ``(D) part A of title IV of the Social Security Act;
       ``(E) title XIX of the Social Security Act;
       ``(F) any of the housing assistance laws of the United 
     States; and
       ``(G) other programs determined appropriate by any of the 
     Secretaries described in this paragraph.
       ``(3) Expanded opportunity for national service.--The 
     Secretary, in conjunction with the Commission on National and 
     Community Service and other independent agencies, is 
     encouraged to develop opportunities for participants in 
     national and community service programs to contribute to 
     local initiatives for the improvement of immunization 
     services, including public outreach and education efforts.
       ``(b) Grants to States.--
       ``(1) In general.--
       ``(A) The Secretary may award grants to States to enable 
     such State to develop, revise and implement immunization 
     improvement plans as described in paragraph (2).
       ``(B) To be eligible to receive a grant under subparagraph 
     (A), a State shall prepare and submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(2) Design.--A State immunization improvement plan shall 
     be designed to improve immunization delivery, outreach, 
     education and coordination within the State. Such plan shall 
     provide for the creation of--
       ``(A) a vaccine provider education campaign and the 
     distribution of any other materials determined to be 
     appropriate by State health officials--
       ``(i) to enable such providers to make the best use of 
     vaccination opportunities; and
       ``(ii) to educate such providers concerning their 
     obligation to report immunization information with respect to 
     their patients to State registries;
       ``(B) expanded capacity for the delivery of immunizations 
     through--
       ``(i) increasing the number or type of facilities through 
     which vaccines may be made available and the capacity of such 
     facilities to immunize more children;
       ``(ii) developing alternative methods of delivering 
     vaccines, such as mobile health clinics;
       ``(iii) increasing the number of hours during which 
     vaccines are made available by providers within the State; or
       ``(iv) coordinating with federally qualified health centers 
     to reach and immunize underserved children through education, 
     outreach, tracking, and the provision of services;

     except that, the Secretary may waive any specific requirement 
     of this subparagraph if the Secretary determines that State 
     immunization delivery efforts are sufficient without the 
     imposition of such requirement;
       ``(C) population-based assessment criteria through which 
     the State is able to assess the effectiveness of immunization 
     activities in the State, which may be fulfilled through the 
     implementation of a State immunization registry under section 
     2146;
       ``(D) a public awareness campaign, in conjunction with the 
     National Campaign established under subsection (a)(1), to 
     provide parents with information about the importance of 
     immunization, the types and schedules for the administration 
     of vaccines, and the locations of vaccines providers;
       ``(E) coordinated community outreach activities among 
     public or private health programs, including local health 
     departments and health centers, and other public or private 
     entities, to encourage and facilitate the ability of parents 
     to obtain immunization services for their children; and
       ``(F) other activities that are not inconsistent with the 
     purposes of this subtitle, subject to the approval of the 
     Secretary.
       ``(3) Immunization improvement plan approval.--
       ``(A) Goals.--As part of the immunization improvement plan 
     of a State, the State shall establish immunization rate goals 
     for children residing within the State.
       ``(B) Approval.--The immunization improvement plan 
     developed by a State under this subsection shall be submitted 
     to the Secretary for approval prior to the distribution of 
     grant funds to the States under this subsection. The 
     Secretary shall periodically review the progress that the 
     State has made under such plan in achieving the goals 
     established under subparagraph (A).
       ``(C) Distribution of grants.--In awarding grants under 
     this section, the Secretary shall ensure that grant awards 
     will be equitably distributed between rural and urban areas. 
     In determining such distribution, the Secretary shall take 
     into account the added costs of supporting the health care 
     delivery infrastructure in sparsely populated areas. The 
     Secretary shall give special consideration to those States 
     that have low childhood immunization rates and that submit 
     plans that demonstrate the State's substantial effort and 
     commitment to improving such rates.
       ``(D) Reporting.--A State shall annually prepare and submit 
     to the Director of the Centers for Disease Control and 
     Prevention a report concerning the implementation of the 
     State immunization improvement plan.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $250,000,000 for fiscal year 1994, and such sums as may be 
     necessary for each of the fiscal years 1995 through 1999.

     ``SEC. 2157. PERFORMANCE BASED GRANT PROGRAM.

       ``(a) Annual Report.--Not later than July 1 of each year, a 
     State shall prepare and submit to the Director of the Centers 
     for Disease Control and Prevention a report that contains an 
     estimate (based on a base population sample) of the 
     percentage of 2 year old residents of the State who have been 
     fully immunized as described in subsection (c).
       ``(b) Payments to States.--
       ``(1) In general.--Subject to the availability of 
     appropriations, the Secretary shall provide to a State that 
     has submitted an annual report under subsection (a) that 
     demonstrates that the State has fully immunized at least 50 
     percent of the 2 year old residents of that State, with 
     respect to the year for which the report was prepared, a 
     payment in an amount equal to--
       ``(A) with respect to a State that has demonstrated the 
     full immunization of at least 50 and less than 64 percent of 
     all 2 year old residents of the State, $50 multiplied by the 
     number of fully immunized 2 year old resident children in 
     excess of the number of children equaling such 50 percent 
     amount;
       ``(B) with respect to a State that has demonstrated the 
     full immunization of at least 65 and less than 70 percent of 
     all 2 year old residents of the State, $75 multiplied by the 
     number of fully immunized 2 year old resident children in 
     excess of the number of children equaling such 65 percent 
     amount; and
       ``(C) with respect to a State that has demonstrated the 
     full immunization of at least 70 and less than 91 percent of 
     all 2 year old residents of the State, $100 multiplied by the 
     number of fully immunized 2 year old resident children in 
     excess of the number of children equaling such 70 percent 
     amount.
       ``(2) Use of funds.--
       ``(A) Condition.--As a condition of receiving amounts under 
     this section a State that uses a combination of Federal and 
     State funds in achieving the immunization goals described in 
     paragraph (1) shall agree to reinvest, in activities related 
     to improving immunization services, that percentage of the 
     payments to the State under paragraph (1) that is equal to 
     the amount of Federal contributions to immunization services 
     in the State as compared to the amount of the State 
     contributions to such services.
       ``(B) Discretionary use.--A State that has demonstrated 
     that the use of State-only funds was responsible for the 
     increase in the immunization rate which qualified such State 
     for payments under paragraph (1), may use amounts awarded 
     under this section for other purposes, at the discretion of 
     the State.
       ``(3) Verification.--Prior to making a payment to a State 
     under this subsection, the Secretary shall, in collaboration 
     with the Centers for Disease Control and Prevention, verify 
     the accuracy of the State report involved.
       ``(c) Definition.--For purposes of this section, the term 
     `fully immunized' means a 2 year old child that has received 
     four doses of DTP vaccine (diphtheria, tetanus, pertussis), 
     three doses of polio vaccine, and one dose of MMR (measles, 
     mumps, rubella) vaccine.

                      ``Part D--General Provisions

     ``SEC. 2161. REPORT.

       ``Not later than October 1, 1995, and biennially 
     thereafter, the Secretary shall prepare and submit to the 
     appropriate committees of Congress a report concerning the 
     costs, efficiency, and effectiveness of procedures 
     established to deliver vaccine to health care providers.

     ``SEC. 2162. NATIONAL VACCINE PROGRAM.

       ``The Secretary shall authorize a report to be prepared by 
     the National Academy of Sciences concerning the role of the 
     National Vaccine Program established under this title in 
     achieving progress towards the nationally established 
     immunization goals for the year 2000, and recommendations 
     with respect to the changes in such Program that would 
     facilitate greater progress towards achieving such goals.

     ``SEC. 2163. DEFINITIONS.

       ``For purposes of this subtitle--
       ``(1) Health care provider.--The term `health care 
     provider', with respect to the administration of vaccines to 
     children, means an entity that is licensed or otherwise 
     authorized for such administration under the law of the State 
     in which the entity administers the vaccine, subject to 
     section 333(e).
       ``(2) Health center.--The term `health center' means--
       ``(A) a federally-qualified health center, as defined in 
     section 1905(l)(2) of the Social Security Act; or
       ``(B) a public or nonprofit private entity receiving 
     Federal funds under--
       ``(i) section 329, 330 or 340;
       ``(ii) section 340A (relating to grants for health services 
     for residents of public housing); or
       ``(iii) section 501(a)(2) of the Social Security Act 
     (relating to special projects of regional and national 
     significance).
       ``(3) Immunization.--The term `immunization' means an 
     immunization against a vaccine-preventable disease.
       ``(4) Parent.--The term `parent', with respect to a child, 
     means a legal guardian of the child.
       ``(5) Pediatric vaccine.--The term `pediatric vaccine' 
     means a vaccine included on the list established under 
     section 2141.
       ``(6) State.--The term `State' means the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the U.S. Virgin Islands, the Republic of the 
     Marshall Islands, Micronesia, the Northern Mariana Islands, 
     and Palau.''.
       (c) National Vaccine Injury Compensation Program 
     Amendments.--
       (1) Amendment of vaccine injury table.--
       (A) Addition of vaccines.--Section 2114 (42 U.S.C. 300aa-
     14) is amended by adding at the end thereof the following new 
     subsection:
       ``(f) Addition of Vaccines to Table.--
       ``(1) In general.--The Vaccine Injury table contained in 
     subsection (a) shall also include any recommended childhood 
     vaccine included in the list promulgated by the Secretary 
     under section 2141.
       ``(2) Review of information and revision.--Not later than 2 
     years after the addition of a new vaccine to the table 
     contained in subsection (a), and on a regular basis 
     thereafter, the Secretary shall review information obtained 
     under sections 2125 and part B of subtitle 3, and based on 
     such review (and other relevant information) shall, as 
     appropriate, develop with respect to such new vaccine--
       ``(A) revisions with respect to illnesses, disabilities, 
     injuries or conditions covered by such table;
       ``(B) appropriate specifications of the time period for the 
     first symptom or manifestation of onset or of significant 
     aggravation of such illnesses, disabilities, injuries or 
     condition after vaccine administration, for purposes of 
     receiving compensation under the Program; and
       ``(C) recommendations as to the amount of tax that should 
     be imposed under section 4131 of the Internal Revenue Code of 
     1986 for each dose of vaccine.
       ``(3) Limitation.--The Secretary may modify the table 
     contained in subsection (a) pursuant to paragraphs (1) and 
     (2) only in accordance with subsection (c).
       ``(4) Revision.--For purposes of section 2116(b), the 
     addition of vaccine to the table contained in subsection (a) 
     by operation of this subsection shall constitute a revision 
     of the table.''.
       (B) Attorneys fees.--Section 2115(e) (42 U.S.C. 300aa-
     15(e)) is amended by adding at the end thereof the following 
     new paragraph:
       ``(4) The special master may award reasonable attorneys 
     fees whether or not an election has been made under section 
     2121(a) to file a civil action concerning such petition.''.
       (C) Consent for annuity.--Subparagraphs (A) and (B) of 
     section 2115(f)(4) are amended by striking ``, with the 
     consent of the petitioner,'' each place that such appears.
       (C) Time periods for fees and costs.--
       (i) In general.--Section 2115(e) (42 U.S.C. 300aa-15(e)) 
     (as amended by paragraph (3)) is further amended by adding at 
     the end thereof the following new paragraph:
       ``(5) With respect to a petitioners' application for 
     attorneys' fees and costs--
       ``(A) if the respondent enters no objection to such 
     application within 21 days of the date on which the 
     application was filed (unless such time period is extended by 
     the special master with the consent of the petitioner) the 
     special master shall enter a decision on such application 
     within 30 days of such filing;
       ``(B) if the respondent files an objection to such 
     application and the special master does not enter a decision 
     with respect to the application within 60 days after the date 
     on which the objection is filed, the special master involved 
     shall, upon the written request of the petitioner, enter a 
     decision within 15 days after the filing of such request; and
       ``(C) if the respondent files an objection to such 
     application and the petitioner moves to reduce costs and fees 
     as provided for in the objection, the special master shall 
     enter a decision within 5 days after the receipt of the 
     petitioner's motion.

     The chief special master, upon the request of a special 
     master, may waive the time limitations applicable to the 
     special master under this paragraph if the special master 
     demonstrates that complicating factors exist with respect to 
     the issues involved to which the time limitation applies.''.
       (B) Application.--The amendment made by subparagraph (A) 
     shall apply to all petitioners' applications for attorneys' 
     fees and costs filed under section 2115(e) of the Public 
     Health Service Act which are pending on the date of enactment 
     of this Act.
       (E) Authorization of appropriations.--Section 2115(j) (42 
     U.S.C. 300aa-15(j)) is amended by striking ``$80,000,000 for 
     each succeeding fiscal year'' and inserting in lieu thereof 
     ``$110,000,000 for each succeeding fiscal year''.
       (F) Limitation of actions.--Section 2116(b) (42 U.S.C. 
     300aa-16(b)) is amended by striking ``such person may file'' 
     and inserting ``or to significantly increase the likelihood 
     of obtaining compensation, such person may, notwithstanding 
     section 2111(b)(2), file''.
       (2) Extension of time for decision.--
       (A) Jurisdiction.--Section 2112(d)(3)(D) (42 U.S.C. 300aa-
     12(d)(3)(D)) is amended by striking ``540 days'' and 
     inserting ``30 months (but for not more than 6 months at a 
     time)''.
       (B) Report on collections.--Section 2117 (42 U.S.C. 300aa-
     17) is amended by adding at the end thereof the following new 
     subsection:
       ``(c) Report.--The Attorney General shall, on January 1 of 
     each year, prepare and submit to the appropriate committees 
     of Congress a report concerning amounts collected under this 
     section.''.
       (C) Increased responsibilities of commission.--Section 
     2119(f) (42 U.S.C. 300aa-19(f)) is amended--
       (i) by striking ``and'' at the end of paragraph (4);
       (ii) by striking the period at the end of paragraph (5) and 
     inserting ``, and''; and
       (iii) by adding at the end thereof the following new 
     paragraph:
       ``(6) monitor the balance of the Vaccine Injury Trust Fund 
     established by section 9510 of the Internal Revenue Code and, 
     as appropriate, recommend changes in the tax per dose of 
     vaccine imposed under section 4131 of such Code.''.
       (3) Simplification of vaccine information materials.--
       (A) Information.--Section 2126(b) (42 U.S.C. 300aa-26(b)) 
     is amended--
       (i) by striking ``by rule'' in the matter preceding 
     paragraph (1);
       (ii) in paragraph (1), by striking ``90'' and inserting 
     ``30''; and
       (iii) in paragraph (2), by striking ``, appropriate health 
     care providers and parent organizations''.
       (B) Requirements.--Section 2126(c) (42 U.S.C. 300aa-26(c)) 
     is amended--
       (i) in the matter preceding paragraph (1), by inserting 
     ``shall be based on available data and information,'' after 
     ``such materials''; and
       (ii) by striking out paragraphs (1) through (10) and 
     inserting in lieu thereof the following new paragraphs:
       ``(1) a concise description of the benefits of the vaccine;
       ``(2) a concise description of the risks associated with 
     the vaccine;
       ``(3) a statement of the availability of the National 
     Vaccine Injury Compensation Program;
       ``(4) a statement of the availability from the Secretary of 
     more detailed written information concerning the information 
     required under paragraphs (1), (2), and (3), that shall be 
     made available to the parent, legal guardian, or other 
     responsible person upon request; and
       ``(5) such other relevant information as determined 
     appropriate by the Secretary.''.
       (C) Other individuals.--Subsections (a) and (d) of section 
     2126 (42 U.S.C. 300aa-26(a) and (d)) are amended by inserting 
     ``or to any other individual'' immediately after ``to the 
     legal representative of any child'' each place that such 
     occurs.
       (D) Provider duties.--Subsection (d) of section 2126 (42 
     U.S.C. 300aa-26(d)) is amended--
       (i) by striking all after ``subsection (a),'' the second 
     place it appears in the first sentence and inserting 
     ``supplemented with visual presentations or oral 
     explanations, in appropriate cases.''; and
       (ii) by striking ``or other information'' in the last 
     sentence.
       (4) Authorization of appropriations.--Part A of subtitle 2 
     of title XXI (42 U.S.C. 300aa-10 et seq.) is amended by 
     adding at the end thereof the following new section:


                   ``authorization of appropriations

       ``Sec. 2120. (a) Secretary.--For purposes of administering 
     this part, there are authorized to be appropriated from the 
     Vaccine Injury Compensation Trust Fund established under 
     section 9510(c) of the Internal Revenue Code of 1986, to the 
     Secretary, $3,000,000 for each of the fiscal years 1994, 1995 
     and 1996.
       ``(b) Attorney General.--For purposes of administering this 
     part, there are authorized to be appropriated from the 
     Vaccine Injury Compensation Trust Fund described in 
     subsection (a), to the Attorney General, $3,000,000 for each 
     of the fiscal years 1994, 1995 and 1996.
       ``(c) Court of Federal Claims.--For purposes of 
     administering this part, there are authorized to be 
     appropriated from the Vaccine Injury Compensation Trust Fund 
     described in subsection (a), to the Court of Federal Claims, 
     $3,000,000 for each of the fiscal years 1994, 1995 and 
     1996.''.
       (d) Miscellaneous Provisions.--Section 317(k) (42 U.S.C. 
     247b(k)) is amended--
       (1) by striking out paragraph (1); and
       (2) by redesignating paragraphs (2) through (5) as 
     paragraphs (1) and (4), respectively.
       (e) Amendments to the Federally Supported Health Centers 
     Assistance Act of 1992.
       (1) Clarification of coverage of officers and employees of 
     clinics.--The first sentence of section 224(g)(1) of the 
     Public Health Service Act (42 U.S.C. 233(g)(1)) is amended by 
     striking ``officer, employee, or contractor'' and inserting 
     the following: ``officer or employee of such an entity, and 
     any contractor''.
       (2) Coverage for services furnished to individuals other 
     than patients of clinic.--Section 224(g) of such Act (42 
     U.S.C. 233(g)(1)), as amended by paragraph (1), is further 
     amended--
       (A) in the first sentence of paragraph (1), by inserting 
     after ``Service'' the following: ``with respect to services 
     provided to patients of the entity and (subject to paragraph 
     (7)) to certain other individuals''; and
       (B) by adding at the end the following new paragraph:
       ``(7) For purposes of paragraph (1), an officer, employee, 
     or contractor described in such paragraph may be deemed to be 
     an employee of the Public Health Service with respect to 
     services provided to individuals who are not patients of an 
     entity described in paragraph (4) only if the Secretary 
     determines--
       ``(A) that the provision of the services to such 
     individuals benefits health center patients and general 
     populations that could be served by the health center through 
     community-wide intervention efforts within the communities 
     served by such health center, and facilitates the provision 
     of services to health center patients; or
       ``(B) that such services are otherwise required to be 
     provided to such individuals under an employment contract (or 
     other similar arrangement) between the individual and the 
     entity.''.
       (3) Determining compliance of entity with requirements for 
     coverage.--
       (A) In general.--Section 224(h) of such Act (42 U.S.C. 
     233(h)), as added by section 2(b) of the Federally Supported 
     Health Centers Assistance Act of 1992, is amended by striking 
     ``the entity--'' and inserting the following: ``the 
     Secretary, after receiving such assurances and conducting 
     such investigation as the Secretary considers necessary, 
     finds that the entity--''.
       (B) Finding.--Section 224 of such Act (42 U.S.C. 233) is 
     amended by adding at the end thereof the following new 
     subsection:
       ``(l) With respect to subsection (h), the finding of the 
     Secretary that an entity meets all of the requirements under 
     such subsection shall apply for the period specified by the 
     Secretary, and shall be binding for all parties unless the 
     Secretary reverses such finding for good cause shown at a 
     later date.''.
       (4) Payment of judgments.--Section 224(k)(2) of such Act 
     (42 U.S.C. 233(k)(2)), as added by section 4 of the Federally 
     Supported Health Centers Assistance Act of 1992, is amended 
     by adding at the end thereof the following new sentence: 
     ``Appropriations for purposes of this paragraph shall be made 
     separate from appropriations made for purposes of sections 
     329, 330, 340 and 340A.''.
       (5) Effective date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Federally Supported Health Centers Assistance Act of 1992.
                                 ______


           READJUSTMENT COUNSELING SERVICE AMENDMENTS OF 1993

                                 ______


                        LEAHY AMENDMENT NO. 1596

  Mr. CONRAD (for Mr. Leahy) proposed an amendment to the bill (S. 
1226) to amend title 38, United States Code, to provide for the 
organization and administration of the Readjustment Counseling Service, 
to improve eligibility for readjustment counseling and related 
counseling, and for other purposes; as follows:

       On page 20, strike out line 20 and insert in lieu thereof 
     the following:
     by such service.
       ``(3) The Secretary may provide to the parents, spouse, and 
     children of any member of the Armed Forces who (as determined 
     by the Secretary) is a prisoner of war, or is missing in 
     action, such counseling as the Secretary determines 
     appropriate to assist such persons with the mental or 
     psychological problems associated with the status of such 
     member as a prisoner of war or as missing in action, as the 
     case may be.''.

                          ____________________