[Congressional Record Volume 140, Number 45 (Thursday, April 21, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: April 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                JOHNSTON (AND BREAUX) AMENDMENT NO. 1642

  Mr. HEFLIN (for Mr. Johnston for himself and Mr. Breaux) proposed an 
amendment to the bill S. 540, supra; as follows:

       On page 235, between lines 13 and 14, insert the following:

     SEC. 311. NONAVOIDABILITY OF FIXING OF LIEN ON TOOLS AND 
                   IMPLEMENTS OF TRADE, ANIMALS, AND CROPS.

       (a) Amendment.--Section 522(f) of title 11, United States 
     Code, as amended by section 303(c), is amended--
       (1) by striking ``Notwithstanding any waiver of 
     exemptions,'' and inserting ``(1) Notwithstanding any waiver 
     of exemptions but subject to paragraph (2)'';
       (2) by striking ``(1) a judicial'' and inserting ``(A) a 
     judicial'';
       (3) by striking ``(A) is not assigned'' and inserting ``(i) 
     is not assigned'';
       (4) by striking ``(B) includes a liability'' and inserting 
     ``(ii) includes a liability'';
       (5) by striking ``(2) a nonpossessory'' and inserting ``(B) 
     a nonpossessory'';
       (6) by striking ``(A) household'' and inserting ``(i) 
     household'';
       (7) by striking ``(B) implements, professional books, or 
     tools,'' and inserting ``(ii) implements, professional books, 
     or tools''
       (8) by striking ``(C) professionally'' and inserting 
     ``(iii) professionally''; and
       (9) by adding at the end the following new paragraph:
       ``(2) In a case in which State law that is applicable to 
     the debtor--
       ``(A) permits a person to voluntarily waive a right to 
     claim exemptions under subsection (d) or prohibits a debtor 
     from claiming exemptions under subsection (d); and
       ``(B) permits the debtor to claim exemptions under State 
     law without limitation in amount, except to the extent that 
     the debtor has permitted the fixing of a consensual lien on 
     any property,

     the debtor may not avoid the fixing of a lien on an interest 
     of the debtor or a dependent of the debtor in property if the 
     lien is a nonpossessory, nonpurchase-money security interest 
     in implements, professional books, or tools of the trade of 
     the debtor or a dependent of the debtor or farm animals or 
     crops of the debtor or a dependent of the debtor.''.
       (b) Application of Amendment.--The amendments made by 
     subsection (a) shall not apply with respect to a case 
     commenced under title 11, United States Code, before the date 
     of enactment of this Act.
                                 ______


                        BRYAN AMENDMENT NO. 1643

  Mr. HEFLIN (for Mr. Bryan) proposed an amendment to the bill S. 540, 
supra; as follows:

       On page 235, between lines 13 and 14, insert the following:

     SEC. 311. NONDISCHARGEABILITY OF DEBT FOR MONEY, PROPERTY 
                   SERVICES, OR CREDIT OBTAINED BY FALSE PRETENSE, 
                   FALSE REPRESENTATION, OR FRAUD.

       Section 1328(a)(2) of title 11, United States Code, is 
     amended by inserting ``(2),'' after ``paragraph''.
                                 ______


                      FEINSTEIN AMENDMENT NO. 1644

  Mr. HEFLIN (for Mrs. Feinstein) proposed an amendment to the bill S. 
540, supra; as follows:

       On page 160, between lines 6 and 7 insert the following:

     SEC. 116 RECOMMENDATIONS OF THE JUDICIAL CONFERENCE FOR THE 
                   APPOINTMENT OF BANKRUPTCY JUDGES.

       Section 152(b) of title 28, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(4)(A) If, as a result of a review of judicial districts 
     under paragraph (3), the Judicial Conference determines that 
     there is a need for a number (including a fractional number) 
     of additional bankruptcy judges for any judicial district, 
     but the Judicial Conference determines to submit to Congress 
     a recommendation that the appointment of a lesser number of 
     bankruptcy judges be authorized for that district, the 
     Judicial Conference shall submit with the recommendation a 
     statement detailing--
       ``(i) the difference between the number of additional 
     bankruptcy judges that has been determined to be needed and 
     the number recommended to be authorized; and
       ``(ii) the methods by which those numbers were determined.
       ``(B) If the Judicial Conference has submitted to Congress 
     a recommendation that a lesser number of additional 
     bankruptcy judges be authorized to be appointed than a review 
     of judicial districts shows is needed for a judicial 
     district, the Judicial Conference shall submit a subsequent 
     recommendation that satisfies the continuing need for 
     additional bankruptcy judges for that judicial district 
     unless--
       ``(i) the Congress, without having received such a 
     recommendation, authorizes the requisite number of additional 
     bankruptcy judges to be appointed for that district; or
       ``(ii) a subsequent review of judicial districts shows that 
     that number of additional bankruptcy judges is no longer 
     needed for that district.''.
                                 ______


                  METZENBAUM AMENDMENTS NOS. 1645-1647

  Mr. HEFLIN (for Mr. Metzenbaum) proposed three amendments to the bill 
S. 540, supra; as follows;

                           Amendment No. 1645

       On pages 231, strike line 11 and all that follows through 
     page 234, line 6, and insert the following:

     SEC. 309. PROFESSIONAL FEES.

       Section 330(a) of title 11, United States Code, is amended 
     to read as follows:
       ``(a)(1) After notice to the parties in interest and the 
     United States trustee and a hearing, and subject to sections 
     326, 328, and 329, the court may award to a trustee, an 
     examiner, a professional person employed under section 327 or 
     1103--
       ``(A) reasonable compensation for actual, necessary 
     services rendered by the trustee, examiner, professional 
     person, or attorney and by any paraprofessional person 
     employed by any such person; and
       ``(B) reimbursement for actual, necessary expenses.
       ``(2) The court may, on its own motion or on the motion of 
     the United States Trustee, the United States Trustee for the 
     District or Region, the trustee for the estate or any other 
     party in interest, award compensation that is less than the 
     amount of compensation that is requested.
       ``(3)(A) In determining the amount of reasonable 
     compensation to be awarded, the court shall consider the 
     nature, the extent, and the value of such services, taking 
     into account all relevant factors, including--
       ``(A) the time spent on such services;
       ``(B) the rates charged for such services;
       ``(C) whether the services were necessary to the 
     administration of, or beneficial at the time at which the 
     service was rendered toward the completion of, a case under 
     this title;
       ``(D) the total value of the estate and the amount of funds 
     or other property available for distribution to all 
     creditors, both secured and unsecured.
       ``(E) whether the services were performed within a 
     reasonable amount of time commensurate with the complexity, 
     importance, and nature of the problem, issue, or task 
     addressed; and
       ``(F) whether the compensation is reasonable based on the 
     customary compensation charged by comparably skilled 
     practitioners in cases other than cases under this title.
       ``(4)(A) Except as provided in subparagraph (B), the court 
     shall not allow compensation for--
       ``(i) unnecessary duplication of services; or
       ``(ii) services that were not--
       ``(I) reasonably likely to benefit the debtor's estate; or
       ``(II) necessary to the administration of the case.
       ``(B) In a chapter 12 or chapter 13 case in which the 
     debtor is an individual, the court may allow reasonable 
     compensation to the debtor's attorney for representing the 
     interests of the debtor in connection with the bankruptcy 
     case based on a consideration of the benefit and necessity of 
     such services to the debtor and the other factors set forth 
     in this section.
       ``(5) The court shall reduce the amount of compensation 
     awarded under this section by the amount of any interim 
     compensation awarded under section 331, and, if the amount of 
     such interim compensation exceeds the amount of compensation 
     awarded under this section, may order the return of the 
     excess to the estate.
       ``(6) Any compensation awarded for the preparation of a fee 
     application shall be based on the level and skill reasonably 
     required to prepare the application.''.
                                  ____


                           Amendment No. 1646

       On page 235, between lines 13 and 14 insert the following:

     SEC. 311. CONVERSION OF CASE UNDER CHAPTER 13.

       Section 348 of title 11, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f) When a case under chapter 13 is converted to another 
     chapter--
       ``(1) property of the estate in the converted case shall 
     consist of property of the estate, as of the date of filing 
     of the petition, that remains in the possession of or is 
     under the control of the debtor on the date of conversion; 
     and
       ``(2) valuations of property and of allowed secured claims 
     in the chapter 13 case shall apply in the converted case, 
     with allowed secured claims reduced to the extent that they 
     have been paid in accordance with the chapter 13 plan.''.
                                  ____


                           Amendment No. 1647

       On page 242, between lines 7 and 8 insert the following:

                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 501. PROTECTION AGAINST DISCRIMINATORY TREATMENT OF 
                   APPLICATIONS FOR STUDENT LOANS.

       Section 525 of title 11, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c)(1) A governmental unit that operates a student grant 
     or loan program and a person engaged in a business that 
     includes the making of loans guaranteed or insured under a 
     student loan program may not deny a grant, loan, loan 
     guarantee, or loan insurance to a person that is or has been 
     a debtor under this title or a bankrupt or debtor under the 
     Bankruptcy Act, or another person with whom the debtor or 
     bankrupt has been associated, because the debtor or bankrupt 
     is or has been a debtor under this title or a bankrupt or 
     debtor under the Bankruptcy Act, has been insolvent before 
     the commencement of a case under this title or during the 
     pendency of the case but before the debtor is granted or 
     denied a discharge, or has not paid a debt that is 
     dischargeable in the case under this title or that was 
     discharged under the Bankruptcy Act.
       ``(2) In this section, `student loan program' means the 
     program operated under part B, D, or E of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or a 
     similar program operated under State or local law.''.
                                 ______


                SIMPSON (AND OTHERS) AMENDMENT NO. 1648

  Mr. HEFLIN (for Mr. Simpson, for himself, Mr. Wallop, Mr. Brown, Mr. 
Breaux, Mrs. Hutchison, and Mr. Johnston) proposed an amendment to the 
bill S. 540, supra; as follows:

       Amend 11 U.S.C. 541(b)(4) to read as follows:
       (4) any interest of the debtor in liquid or gaseous 
     hydrocarbons to the extent
       (A)(i) the debtor has transferred or has agreed to transfer 
     such interest pursuant to a farmout agreement or any written 
     agreement directly related to a farmout agreement; and
       (ii) but for the operation of this paragraph, the estate 
     could include such interest only by virtue of section 365 or 
     544(a) of this title; or
       (B) the debtor has transferred such interest pursuant to a 
     conveyance of a production payment or an oil and gas lease.
       Paragraph (4) shall not be construed to exclude from the 
     estate any consideration the debtor retains, receives, or is 
     entitled to receive for transferring an interest in liquid or 
     gaseous hydrocarbons pursuant to a farmout agreement, 
     production payment, or oil and gas lease.
       Amend 11 U.S.C. 101 by adding the following:
       (42.A) ``production payment'' is not a gross royalty. A 
     production payment is a term overriding royalty which is an 
     interest in liquid or gaseous hydrocarbons in place or to be 
     produced from a property or properties, that entitles the 
     owner thereof to a share of production, or the value thereof, 
     for a term limited by time, quantity, or value realized, or 
     any formula based on one or more of such factors.
                                 ______


                  METZENBAUM AMENDMENTS NOS. 1649-1652

  Mr. HEFLIN (for Mr. Metzenbaum) proposed four amendments to the bill 
S. 540, supra, as follows:

                           Amendment No. 1649

       On page 160, strike lines 1 through 6 and insert the 
     following:
       ``(9) under subsection (a), of--
       ``(A) an audit by a governmental unit to determine tax 
     liability:
       ``(B) the issuance to the debtor by a governmental unit of 
     a notice of tax deficiency;
       ``(C) a demand for tax returns; an assessment of an 
     uncontested or agreed upon tax liability; or
       ``(D) the making of an assessment for any tax and issuance 
     of a notice and demand for payment of such an assessment (but 
     any tax lien that would otherwise attach to property of the 
     estate by reason of such an assessment shall not take effect 
     until the property is no longer property of the estate).''.
                                  ____


                           Amendment No. 1650

       On page 235, between lines 13 and 14 insert the following:

     SEC. 311. RENT-TO-OWN CONTRACTS.

       (a) Definition.--Section 101 of title 11, United States 
     Code, is amended by inserting in their proper alphabetical 
     positions the following new definitions:
       ```consumer good' means an item of personal property (not 
     including a motor vehicle) acquired by an individual 
     primarily for a personal, family or household purpose.''.
       ```rent-to-own contract' means an agreement, in the form of 
     a terminable lease or bailment of a consumer good, between a 
     person regularly engaged in the business of making consumer 
     goods available to individuals and an individual, under 
     which--
       ``(A) the lessee or bailee--
       ``(i) has the right of possession and use of the consumer 
     good; and
       ``(ii) has the option to renew the agreement periodically 
     by making payments specified in the agreement; and
       ``(B) the lessor or bailor agrees, orally or in writing, to 
     transfer ownership of the consumer good to the lessee or 
     bailee upon the fulfillment of all obligations of the lessee 
     or bailee for the transfer under the agreement.''.
       (b) Treatment of Rent-To-Own Contracts as Secured Purchase 
     Contracts.--
       (1) Chapter 7.--Subchapter II of chapter 7 of title II, 
     United States Code, is amended by adding at the end of the 
     following new section:

     ``Sec. 729. Rent-to-own contracts

       ``In a proceeding under this chapter in which the debtor is 
     in possession of a consumer good under a rent-to-own 
     contract, the debtor and the lessor or bailor shall be 
     accorded the same rights and obligations with respect to the 
     consumer good, respectively, as they would be accorded if the 
     rent-to-own contract had been a purchase contract.''
       (2) Chapter 13.--Subchapter I of chapter 13 of title 11, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1308. Rent-to-own contracts

       ``In a proceeding under this chapter in which the debtor is 
     in possession of a consumer good under a rent-to-own 
     contract, the debtor and the lessor or bailor shall be 
     accorded the same rights and obligations with respect to the 
     consumer good, respectively, as they would be accorded if the 
     rent-to-own contract had been a purchase contract.''
       (c) Technical Amendments.--
       (1) Chapter 7.--The chapter analysis for chapter 7 of title 
     11, United States Code, is amended by inserting after the 
     item for section 728 the following new item:

``729. Rent-To-Own Contracts.''

       (2) Chapter 13.--The chapter analysis for chapter 13 of 
     title 11, United States Code, is amended by inserting after 
     the item for section 1307 the following new item:

``1308. Rent-To-Own Contracts.''

                           Amendment No. 1651

       On page 213, between lines 5 and 6 insert the following:

     SEC. 303. IMPAIRMENT OF EXEMPTIONS.

       (a) In General.--Section 522(f) of title 11, United States 
     Code, is amended--
       (1) by inserting ``(1)'' before ``Notwithstanding'';
       (2) by redesignating paragraph (1) as subparagraph (A);
       (3) by redesignating paragraph (2) as subparagraph (B) and 
     subparagraphs (A), (B), and (C) of that paragraph as clauses 
     (i), (ii), and (iii), and
       (4) by adding at the end the following new paragraph:
       ``(2)(A) For the purposes of this subsection, a lien shall 
     be considered to impair an exemption to the extent that the 
     sum of--
       ``(i) the lien;
       ``(ii) all other liens on the property that are equal or 
     greater in seniority to the lien; and
       ``(iii) the amount of the exemption that the debtor could 
     claim if there were no liens on the property,

     exceeds the value that the debtor's interest in the property 
     would have in the absence of any liens.
       ``(B) In the case of a property subject to more than 1 
     lien, a lien that has been avoided shall not be considered in 
     making the calculation under subparagraph (A) with respect to 
     other liens.''.
       (b) Rule of Construction; Application of Amendment.--
     Section 522(f)(2) of title 11, United States Code, as added 
     by subsection (a)--
       (1) shall not be construed to apply with respect to a 
     judgment arising out of a mortgage foreclosure; and
       (2) shall not apply with respect to a nonpossessory, 
     nonpurchase-money security interest given before the date of 
     enactment of this Act (including a security interest with 
     respect to which the value of the collateral increases after 
     a case under that title is commenced).
       On page 215, strike lines 14 through 16 and insert the 
     following:
       (c) Protection of Liens.--Section 522(f) of title 11, 
     United States Code, as amended by section 303, is amended by 
     amending paragraph (1)(A) to read as follows:
       ``(A) a judicial lien (other than a judicial lien
       On page 216, line 1, strike ``(A)'' and insert ``(i)''.
       On page 216, line 3, strike ``(B)'' and insert ``(ii)''.
                                  ____


                           Amendment No. 1652

       On page 242, between lines 7 and 8 insert the following:
                       TITLE V--BANKRUPTCY FRAUD

     SEC. 5146. BANKRUPTCY FRAUD.

       (a) In General.--
       (1) Offenses.--Chapter 9 of title 18, United States Code, 
     is amended--
       (A) by amending sections 152, 153, and 154 to read as 
     follows:

     ``Sec. 152. Concealment of assets; false oaths and claims; 
       bribery

       ``A person who--
       ``(1) knowingly and fraudulently conceals from a custodian, 
     trustee, marshal, or other officer of the court charged with 
     the control or custody of property, or, in connection with a 
     case under title 11, from creditors or the United States 
     Trustee, any property belonging to the estate of a debtor;
       ``(2) knowingly and fraudulently makes a false oath or 
     account in or in relation to any case under title 11;
       ``(3) knowingly and fraudulently makes a false declaration, 
     certificate, verification, or statement under penalty of 
     perjury as permitted under section 1746 of title 28, in or in 
     relation to any case under title 11;
       ``(4) knowingly and fraudulently presents any false claim 
     for proof against the estate of a debtor, or uses any such 
     claim in any case under title 11, in a personal capacity or 
     as or through an agent, proxy, or attorney;
       ``(5) knowingly and fraudulently receives any material 
     amount of property from a debtor after the filing of a case 
     under title 11, with intent to defeat the provisions of title 
     11;
       ``(6) knowingly and fraudulently gives, offers, receives, 
     or attempts to obtain any money or property, remuneration, 
     compensation, reward, advantage, or promise thereof for 
     acting or forbearing to act in any case under title 11;
       ``(7) in a personal capacity or as an agent or officer of 
     any person or corporation, in contemplation of a case under 
     title 11 by or against the person or any other person or 
     corporation, or with intent to defeat the provisions of title 
     11, knowingly and fraudulently transfers or conceals any of 
     his property or the property of such other person or 
     corporation;
       ``(8) after the filing of a case under title 11 or in 
     contemplation thereof, knowingly and fraudulently conceals, 
     destroys, mutilates, falsifies, or makes a false entry in any 
     recorded information (including books, documents, records, 
     and papers) relating to the property or financial affairs of 
     a debtor; or
       ``(9) after the filing of a case under title 11, knowingly 
     and fraudulently withholds from a custodian, trustee, 
     marshal, or other officer of the court or a United States 
     Trustee entitled to its possession, any recorded information 
     (including books, documents, records, and papers) relating to 
     the property or financial affairs of a debtor,
     shall be fined not more than $5,000, imprisoned not more than 
     5 years, or both.

     ``Sec. 153. Embezzlement against estate

       ``(a) Offense.--A person described in subsection (b) who 
     knowingly and fraudulently appropriates to the person's own 
     use, embezzles, spends, or transfers any property or secretes 
     or destroys any document belonging to the estate of a debtor 
     shall be fined not more than $5,000, imprisoned not more than 
     5 years, or both.
       ``(b) Person to Whom Section Applies.--A person described 
     in this subsection is one who has access to property or 
     documents belonging to an estate by virtue of the person's 
     participation in the administration of the estate as a 
     trustee, custodian, marshal, attorney, or other officer of 
     the court or as an agent, employee, or other person engaged 
     by such an officer to perform a service with respect to the 
     estate.

     ``Sec. 154. Adverse interest and conduct of officers

       ``A person who, being a custodian, trustee, marshal, or 
     other officer of the court--
       ``(1) knowingly purchases, directly or indirectly, any 
     property of the estate of which the person is such an officer 
     in a case under title 11;
       ``(2) knowingly refuses to permit a reasonable opportunity 
     for the inspection by parties in interest of the documents 
     and accounts relating to the affairs of estates in the 
     person's charge by parties when directed by the court to do 
     so; or
       ``(3) knowingly refuses to permit a reasonable opportunity 
     for the inspection by the United States Trustee of the 
     documents and accounts relating to the affairs of an estate 
     in the person's charge,

     shall be fined not more than $5000 and shall forfeit the 
     person's office, which shall thereupon become vacant.''; and
       (B) by adding at the end the following new sections:

     ``Sec. 156. Knowing disregard of bankruptcy law or rule

       ``(a) Definitions.--In this section--
       ```bankruptcy petition preparer' means a person, other than 
     the debtor's attorney or an employee of such an attorney, who 
     prepares for compensation a document for filing.
       ```document for filing' means a petition or any other 
     document prepared for filing by a debtor in a United States 
     bankruptcy court or a United States district court in 
     connection with a case under this title.
       ``(b) Offense.--If a bankruptcy case or related proceeding 
     is dismissed because of a knowing attempt by a bankruptcy 
     petition preparer in any manner to disregard the requirements 
     of title 11, United States Code, or the Bankruptcy Rules, the 
     bankruptcy petition preparer shall be fined under this title, 
     imprisoned not more than 1 year, or both.

     ``Sec. 157. Bankruptcy fraud

       ``(a) Offense.--A person who, having devised or intending 
     to devise a scheme or artifice to defraud, or for obtaining 
     money or property by means of a false or fraudulent pretense, 
     representation, or promise, for the purpose of executing or 
     concealing such a scheme or artifice or attempting to do so--
       ``(1) files a petition under title 11;
       ``(2) files a document in a proceeding under title 11; or
       ``(3) makes a false or fraudulent representation, claim, or 
     promise concerning or in relation to a proceeding under title 
     11, at any time before or after the filing of the petition, 
     or in relation to a proceeding falsely asserted to be pending 
     under that title,

     shall be fined under this title, imprisoned not more than 5 
     years, or both.
       ``(b) Requirement of Intent.--
       ``(1) In general.--The degree of intent required to be 
     shown in the case of an offense described in subsection (a) 
     is that which is generally required to be shown in cases of 
     fraud.
       ``(2) Violation not established.--A violation of subsection 
     (a) is not established if the defendant committed the act 
     that is alleged to constitute fraud for a lawful purpose.
       ``(3) Violation established.--A violation of subsection (a) 
     may be established if the defendant committed the act that is 
     alleged to constitute fraud with a purpose of--
       ``(A) preventing the proper application of title 11 in a 
     particular case; or
       ``(B) using a proceeding under title 11 in a manner that, 
     while on its face may appear to be legitimate, is in fact 
     part of a scheme to defraud.''.
       (2) Technical amendments.--The chapter analysis for chapter 
     9 of title 18, United States Code, is amended--
       (A) by amending the item relating to section 153 to read as 
     follows:

``Sec. 153. Embezzlement against estate.'';
     and
       (B) by adding at the end the following new item:

``Sec. 156. Knowing disregard of bankruptcy law or rule.
``Sec. 157. Bankruptcy fraud.''.
       (b) RICO.--Section 1961(1)(D) of title 18, United States 
     Code, is amended by inserting ``(except a case under section 
     157 of that title)'' after ``title 11''.

                                 ______


                    HATCH AMENDMENTS NOS. 1653-1654

  Mr. HATCH proposed two amendments to the bill S. 540, supra; as 
follows:

                           Amendment No. 1653

       On page 197, line 22, strike ``The'' and insert ``(1) 
     Except as provided in paragraph (2), the''.
       On page 198, between lines 3 and 4, insert the following:
       ``(2) This subsection does not apply to an executory 
     contract that is related to, or to an unexpired lease of real 
     property in, a shopping center.''.
                                  ____


                           Amendment No. 1654

       On page 211, strike lines 1 through 12.
                                 ______


                 DOLE (AND THURMOND) AMENDMENT NO. 1655

  Mr. DOLE (for himself and Mr. Thurmond) proposed an amendment to the 
bill S. 540, supra; as follows:

       At the appropriate place, and the following:
       Findings.--The Senate finds that--
       (1) It is the fundamental obligation of government to 
     protect its citizens;
       (2) In many federally--financed public housing projects, 
     the level of violence has reached epidemic proportions, 
     threatening on a daily basis the lives of the majority of the 
     tenants, who are law-abiding;
       (3) In an effort to combat gang and drug-related violence, 
     the Chicago Housing Authority (``CHA'') instituted a policy 
     of conducting warrantless, apartment-to-apartment searches of 
     CHA projects, including the Robert Taylor Homes;
       (4) On April 7, 1994, federal district court judge Warren 
     Andersen ruled that CHA's search policy violated the Fourth 
     Amendment to the Constitution of the United States and 
     enjoined CHA officials from undertaking these searches;
       (5) After the court decision, President Clinton directed 
     Attorney General Janet Reno and Secretary of Housing and 
     Urban Development Henry Cisneros to develop law enforcement 
     measures that would be both constitutionally valid and 
     effective in reducing violent crime in public housing 
     projects; and
       (6) President Clinton subsequently announced new federal 
     guidelines designed to assist public housing officials in 
     maintaining order and protecting the security of their law-
     abiding tenants.
       Therefore, it is the sense of the Senate that the Senate 
     fully endorses the new Administration guidelines, outlined in 
     a letter to President Clinton from Attorney General Reno and 
     Secretary of Housing and Urban Development Cisneros, dated 
     April 14, 1994, including the guidelines allowing public 
     housing officials to 1) erect fences around public housing 
     buildings, issue identification cards to tenants, and install 
     metal detectors, or magnetometers at the building entrances; 
     2) search the packages and clothing of anyone seeking to 
     enter public housing buildings and refuse entry to anyone who 
     does not submit to inspection; 3) conduct weapons searches 
     without consent or a warrant in common areas of the 
     buildings, such as stairwells, and in vacant apartments; 4) 
     frisk ``suspicious-looking'' individuals for weapons, if 
     police or security personnel have a reason to believe that 
     the individuals are involved in criminal activity and are 
     armed; 5) include non-coercive consent clauses in lease 
     agreements permitting routine, warrantless apartment-by-
     apartment police searches for illegal weapons and illegal 
     drugs; and 6) conduct warrantless searches of individual 
     units where there is justification for a search but 
     insufficient time to obtain a judicial warrant.
                                 ______


              WELLSTONE (AND FEINGOLD) AMENDMENT NO. 1656

  Mr. WELLSTONE (for himself and Mr. Feingold) proposed an amendment to 
amendment No. 1655 proposed by Mr. Dole to the bill S. 540, supra; as 
follows:

       At the end of the amendment, add the following--
       ``Provided, however, with respect to `consent clauses in 
     lease agreements' referred to above--
       (a) Residency or continued residency in public housing is 
     not contingent upon the inclusion of such a consent clause as 
     a provision of a lease agreement, and
       (b) Residents or prospective residents are informed that 
     residency or continued residency in public housing is not 
     contingent upon the inclusion of such a consent clause as a 
     provision of a lease agreement.
                                 ______


                   TRAUMATIC BRAIN INJURY ACT OF 1994

                                 ______


                  KENNEDY (AND HATCH) AMENDMENT NO. 16

  Mr. KENNEDY (for himself and Mr. Hatch) proposed an amendment to the 
bill (S. 725) to amend the Public Health Service Act to provide for the 
conduct of expanded studies and the establishment of innovative 
programs with respect to traumatic brain injury, and for other 
purposes; as follows:

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

     SECTION 1. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND 
                   PREVENTION.

       Part B of title III of the Public Health Service Act (42 
     U.S.C. 241 et seq.), as amended by section 703 of Public Law 
     103-183 (107 Stat. 2240), is amended by inserting after 
     section 317F the following section:


                 ``prevention of traumatic brain injury

       ``Sec. 317G. The Secretary, acting through the Director of 
     the Centers for Disease Control and Prevention, may carry out 
     projects to reduce the incidence of traumatic brain injury. 
     Such projects may be carried out by the Secretary directly or 
     through awards of grants or contracts to public or nonprofit 
     private entities. The Secretary may directly or through such 
     awards provide technical assistance with respect to the 
     planning, development, and operation of such projects.
       ``(b) Certain Activities.--Activities under subsection (a) 
     may include--
       ``(1) the conduct of research into identifying effective 
     strategies for the prevention of traumatic brain injury; and
       ``(2) the implementation of public information and 
     education programs for the prevention of such injury and for 
     broadening the awareness of the public concerning the public 
     health consequences of such injury.
       ``(c) Coordination of Activities.--The Secretary shall 
     ensure that activities under this section are coordinated as 
     appropriate with other agencies of the Public Health Service 
     that carry out activities regarding traumatic brain injury.
       ``(d) Definition.--For purposes of this section, the term 
     `traumatic brain injury' means an acquired injury to the 
     brain. Such term does not include brain dysfunction caused by 
     congenital or degenerative disorders, nor birth trauma, but 
     may include brain injuries caused by anoxia due to near 
     drowning. The Secretary may revise the definition of such 
     term as the Secretary determines necessary.''.

     SEC. 2. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH.

       Section 1261 of the Public Health Service Act (42 U.S.C. 
     300d-61) is amended--
       (1) in subsection (d)--
       (A) in paragraph (2), by striking ``and'' after the 
     semicolon at the end;
       (B) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following paragraph:
       ``(4) the authority to make awards of grants or contracts 
     to public or nonprofit private entities for the conduct of 
     basic and applied research regarding traumatic brain injury, 
     which research may include--
       ``(A) the development of new methods and modalities for the 
     more effective diagnosis, measurement of degree of injury, 
     post-injury monitoring and prognostic assessment of head 
     injury for acute, subacute and later phases of care;
       ``(B) the development, modification and evaluation of 
     therapies that retard, prevent or reverse brain damage after 
     acute head injury, that arrest further deterioration 
     following injury and that provide the restitution of function 
     for individuals with long-term injuries;
       ``(C) the development of research on a continuum of care 
     from acute care through rehabilitation, designed, to the 
     extent practicable, to integrate rehabilitation and long-term 
     outcome evaluation with acute care research; and
       ``(D) the development of programs that increase the 
     participation of academic centers of excellence in head 
     injury treatment and rehabilitation research and training.''; 
     and
       (2) in subsection (h), by adding at the end the following 
     paragraph:
       ``(4) The term `traumatic brain injury' means an acquired 
     injury to the brain. Such term does not include brain 
     dysfunction caused by congenital or degenerative disorders, 
     nor birth trauma, but may include brain injuries caused by 
     anoxia due to near drowning. The Secretary may revise the 
     definition of such term as the Secretary determines 
     necessary.''.

     SEC. 3. PROGRAMS OF HEALTH RESOURCES AND SERVICES 
                   ADMINISTRATION.

       Part E of title XII of the Public Health Service Act (42 
     U.S.C. 300d-51 et seq.) is amended by adding at the end the 
     following section:

     ``SEC. 1252. STATE GRANTS FOR DEMONSTRATION PROJECTS 
                   REGARDING TRAUMATIC BRAIN INJURY.

       ``(a) In General.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, may make grants to States for the purpose of 
     carrying out demonstration projects to improve access to 
     health and other services regarding traumatic brain injury.
       ``(b) State Advisory Board.--
       ``(1) In general.--The Secretary may make a grant under 
     subsection (a) only if the State involved agrees to establish 
     an advisory board within the appropriate health department of 
     the State or within another department as designated by the 
     chief executive officer of the State.
       ``(2) Functions.--An advisory board established under 
     paragraph (1) shall advise and make recommendations to the 
     State on ways to improve services coordination regarding 
     traumatic brain injury. Such advisory boards shall encourage 
     citizen participation through the establishment of public 
     hearings and other types of community outreach programs.
       ``(3) Composition.--An advisory board established under 
     paragraph (1) shall be composed of--
       ``(A) representatives of--
       ``(i) the corresponding State agencies involved;
       ``(ii) public and nonprofit private health related 
     organizations;
       ``(iii) other disability advisory or planning groups within 
     the State;
       ``(iv) members of an organization or foundation 
     representing traumatic brain injury survivors in that State; 
     and
       ``(v) injury control programs at the State or local level 
     if such programs exist; and
       ``(B) a substantial number of individuals who are survivors 
     of traumatic brain injury, or the family members of such 
     individuals.
       ``(c) Matching Funds.--
       ``(1) In general.--With respect to the costs to be incurred 
     by a State in carrying out the purpose described in 
     subsection (a), the Secretary may make a grant under such 
     subsection only if the State agrees to make available, in 
     cash, non-Federal contributions toward such costs in an 
     amount that is not less than $1 for each $2 of Federal funds 
     provided under the grant.
       ``(2) Determination of amount contributed.--In determining 
     the amount of non-Federal contributions in cash that a State 
     has provided pursuant to paragraph (1), the Secretary may not 
     include any amounts provided to the State by the Federal 
     Government.
       ``(d) Application for Grant.--The Secretary may make a 
     grant under subsection (a) only if an application for the 
     grant is submitted to the Secretary and the application 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 section.
       ``(e) Coordination of Activities.--The Secretary shall 
     ensure that activities under this section are coordinated as 
     appropriate with other agencies of the Public Health Service 
     that carry out activities regarding traumatic brain injury.
       ``(f) Report.--Not later than 2 years after the date of the 
     enactment of this section, the Secretary shall 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 and 
     results of the programs established under this section, 
     including measures of outcomes and consumer and surrogate 
     satisfaction.
       ``(g) Definition.--For purposes of this section, the term 
     `traumatic brain injury' means an acquired injury to the 
     brain. Such term does not include brain dysfunction caused by 
     congenital or degenerative disorders, nor birth trauma, but 
     may include brain injuries caused by anoxia due to near 
     drowning. The Secretary may revise the definition of such 
     term as the Secretary determines necessary.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for each of the fiscal years 1995 
     through 1997.''.

     SEC. 4. STUDY; CONSENSUS CONFERENCE.

       (a) Study.--
       (1) In general.--The Secretary of Health and Human Services 
     (in this section referred to as the ``Secretary''), acting 
     through the appropriate agencies of the Public Health 
     Service, shall conduct a study for the purpose of carrying 
     out the following with respect to traumatic brain injury:
       (1) In collaboration with appropriate State and local 
     health-related agencies--
       (A) determine the incidence and prevalence of traumatic 
     brain injury; and
       (B) develop a uniform reporting system under which States 
     report incidences of traumatic brain injury, if the Secretary 
     determines that such a system is appropriate.
       (2) Identify common therapeutic interventions which are 
     used for the rehabilitation of individuals with such 
     injuries, and shall, subject to the availability of 
     information, include an analysis of--
       (A) the effectiveness of each such intervention in 
     improving the functioning of individuals with brain injuries;
       (B) the comparative effectiveness of interventions employed 
     in the course of rehabilitation of individuals with brain 
     injuries to achieve the same or similar clinical outcome; and
       (C) the adequacy of existing measures of outcomes and 
     knowledge of factors influencing differential outcomes.
       (3) Develop practice guidelines for the rehabilitation of 
     traumatic brain injury at such time as appropriate scientific 
     research becomes available.
       (2) Dates certain for reports.--
       (A) Not later than 18 months after the date of the 
     enactment of this Act, the Secretary shall 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 carrying out paragraph (1)(A).
       (B) Not later than 3 years after the date of the enactment 
     of this Act, the Secretary shall submit to the Committees 
     specified in subparagraph (A) a report describing the 
     findings made as a result of carrying out subparagraphs (B) 
     and (C) of paragraph (1).
       (b) Consensus Conference.--The Secretary, acting through 
     the Director of the National Center for Medical 
     Rehabilitation Research within the National Institute for 
     Child Health and Human Development, shall conduct a national 
     consensus conference on managing traumatic brain injury and 
     related rehabilitation concerns.
       (c) Definition.--For purposes of this section, the term 
     ``traumatic brain injury'' means an acquired injury to the 
     brain. Such term does not include brain dysfunction caused by 
     congenital or degenerative disorders, nor birth trauma, but 
     may include brain injuries caused by anoxia due to near 
     drowning. The Secretary may revise the definition of such 
     term as the Secretary determines necessary.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for each of the fiscal years 1995 through 1997.

     SEC. 5. MAPLE SYRUP.

       (a) Preemption.--Section 403A(a) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 343-1(a)) is amended--
       (1) in paragraph (1), by inserting at the end the 
     following: ``except that this paragraph does not apply to a 
     standard of identity of a State or political subdivision of a 
     State for maple syrup which is of the type required by 
     sections 401 and 403(g),'',
       (2) in paragraph (2), by inserting at the end the 
     following: ``except that this paragraph does not apply to a 
     requirement of a State or political subdivision of a State 
     which is of the type required by section 403(c) and which is 
     applicable to maple syrup,'', and
       (3) in paragraph (3), by inserting at the end the 
     following: ``except that this paragraph does not apply to a 
     requirement of a State or political subdivision of a State 
     which is of the type required by section 403(h)(1) and which 
     is applicable to maple syrup,''.
       (b) Procedure.--Section 701(e)(1) (21 U.S.C. 371(e)(1)) is 
     amended by striking ``or maple syrup (regulated under section 
     168.140 of title 21, Code of Federal Regulations).''.

                          ____________________