[Congressional Record Volume 140, Number 143 (Wednesday, October 5, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 5, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REID (for himself, Ms. Moseley-Braun, and Mr. Wellstone):
  S. 2501. A bill entitled ``Federal Prohibition of Female Genital 
Mutilation Act of 1994''; to the Committee on the Judiciary.


    THE FEDERAL PROHIBITION OF FEMALE GENITAL MUTILATION ACT OF 1994

  Mr. REID. Mr. President, last night when I went home about 9 o'clock, 
or thereabouts, I had a very pleasant evening. My two grandchildren 
from Nevada are here. One of the little girls is 4 years old and her 
sister is 2 years old. I called my wife this morning from my office and 
told her what a pleasant night I had last night, especially as I was 
falling asleep, listening to those two little girls in an adjoining 
bedroom talk and play. I went to bed with my 4-year-old granddaughter 
singing, ``It's a Small, Small World.'' It is something I will always 
remember.
  I mention that today, Mr. President, because the subject about which 
I am going to speak indirectly relates to my 4-year-old granddaughter, 
Ryan, and my 2-year-old granddaughter, Savannah.
  Two weeks ago, I introduced a sense-of-the-Senate resolution 
condemning the cruel ritual practice of female genital mutilation, and 
commending the Government of Egypt for taking quick action against two 
men who performed this deed, this illegal act, on a 10-year-old girl in 
front of television cameras beamed across the world. This resolution 
passed on September 27 of this year.
  At that time, I committed myself to continuing to talk about this 
issue and to informing my colleagues, my friends and my constituents of 
the dangers it poses to the physical and emotional health of young 
girls who undergo the procedure and the violation it constitutes 
against an individual's human rights.
  I also indicated during my speech on the Senate floor that I would be 
introducing a bill to make the practice of female genital mutilation 
against the law in this country, the United States. I rise to do that 
today with two of my distinguished colleagues who are well known for 
their commitment to improving the lives of women and children, Senators 
Wellstone and Moseley-Braun.
  Senator Wellstone and his wife Sheila have worked tirelessly--and I 
underscore that word--throughout his tenure in the Senate and even 
before he came to the U.S. Senate, as a college professor, to end 
domestic violence and to make homes a safer place for women, children 
and their families. Their efforts have resulted in the passage of the 
Child Safety Act which will provide funds for child safety centers 
across our great land for families with a history of violence. He also 
has worked on the Domestic Violence Firearm Prevention Act, which 
denies gun ownership to persons who have restraining orders against 
them for threatened abuse to a spouse or child in the family, and the 
Violence Reduction Training Act, which authorizes funds to train health 
care providers to identify and refer victims of domestic violence.
  Senator Moseley-Braun, a graduate of one of our most distinguished 
law schools in the country, the University of Chicago, shares Senator 
Wellstone's commitment to our Nation's children and has successfully 
worked for uniform child support enforcement legislation. Perhaps her 
greatest achievement this session, though, is the school infrastructure 
title in the ESEA reauthorization bill, which we will be debating 
today. Because of her vision, our Nation's students will be able to 
count on safe classrooms and appropriate school facilities as they work 
to secure a successful future for themselves and, accordingly, for our 
Nation.
  So I say, Mr. President, in introducing this legislation, no one has 
worked harder, fought harder than Senators Moseley-Braun and Wellstone 
to protect our children and provide them with the foundation that is so 
essential to growing into happy, healthy adults. I am pleased they have 
joined in addressing this issue which is so important to the well-being 
of children across the world.
  Mr. President, it is estimated that up to 100 million young girls and 
women have been mutilated in ritual female genital mutilation as 
practiced in over 30 countries worldwide. This ritual is usually 
performed on young girls between the ages of 4 and 10 years of age. My 
little girl, my little 4-year-old granddaughter, would be, in some 
countries, subject to this mutilation. Excision and infibulation are 
the most common practices. Infibulation is practiced in many countries, 
and it entails the excision of all the female genitalia. The remaining 
tissue is stitched together, leaving only a small opening for urine and 
menstrual fluid. Sometimes their legs are strapped together for up to 2 
weeks.
  This practice has, of course, no medical justification for being 
performed on anyone, but especially healthy young girls and women and 
is usually performed with crude, unsterile instruments without 
anesthetic. The cauterizing material in many of the practices is ash 
out of the fireplace. The aftereffects of this act include shock, 
infection, emotional trauma, hemorrhaging, debilitating scarring, and, 
of course, infertility and, yes, death.
  As immigrants from countries in which female genital mutilation is 
performed as a rite of passage have traveled to other nations, this 
practice, sadly, has traveled with them.
  Following my statement a few weeks ago on the floor on this subject, 
I received a letter in my office from a woman in Woodland Hills, CA. 
She wrote to me to express her support for my efforts--now our 
efforts--to draw attention to this practice. One paragraph of her 
letter tells it all. It stunned me. It reads:

       When my gynecologist told me that a colleague of his in Los 
     Angeles regularly performed this ritual legally, you could 
     have taken my breath away.

  What troubles me most about this reality is that it is most often 
performed on children, young girls under the age of 18, at an age at 
which a child cannot give consent. A child does not have the ability to 
consent or understand the significance and the consequence of this 
ritual, certainly what effect it will have on her life and health and 
certainly not on her dignity.
  The United Kingdom, Sweden, and Switzerland have all passed 
legislation preventing female genital mutilation. France and Canada 
maintain that the practice violates already established statutes 
prohibiting bodily mutilation and have taken action against this 
practice. The United States should also move to take the responsibility 
of abolishing this practice within the borders of our country.
  The legislation introduced today will do exactly that, by outlawing 
the practice of female genital mutilation in the United States on young 
women and girls under the age of 18.
  Eradication of this procedure will require more than just outlawing 
its practice. It will also require educating immigrant communities 
about the physical and psychological health effects of such a practice.
  This legislation will give authority to the Deputy Assistant 
Secretary for Women's Health and the Deputy Assistant Secretary for 
Minority Health to design and implement outreach activities and 
educational programs in cooperation with representatives of various 
ethnic groups practicing this mutilation to educate individuals that it 
is wrong.
  This legislation will also direct the Secretary of Health and Human 
Services to develop recommendations for the education of medical 
students in the treatment of women who have undergone this procedure 
and the complications arising from this mutilation.
  In a special article for the New England Journal of Medicine, 
entitled ``Female Circumcision as a Public Health Issue,'' Dr. Nahid 
Toubia explains the importance of education for health professionals on 
the implications of female genital mutilation. He states:

       Under the conditions in which most procedures take place, 
     female (genital mutilation) constitutes a health hazard with 
     short-term and long-term physical complications and 
     psychological effects. The influx of refugees and immigrants 
     from different parts of Africa to North America, Europe, and 
     Australia in the past decade requires that physicians and 
     other health professionals familiarize themselves with the 
     practice and its ramifications for their patients.

  This ritual practice is difficult for me to talk about, but ignoring 
this issue because of the discomfort it causes us does nothing but 
perpetuate the silent acquiescence to its practice. Some women around 
the world are standing up against tremendous pressure and defiance to 
fight for the health and dignity of their friends, sisters, mothers and 
daughters. We must do the same in our country. We must protect innocent 
young girls living in this country and abolish this practice. We must 
use education as our strongest weapon against its perpetuation. We must 
continue to talk about it until its end is reached.
  The three of us rise today recognizing that this legislation is not 
going to pass this year, but the reason I introduced my colleagues and 
told about their accomplishments legislatively is to let the world know 
we are going to continue working on this until this legislation passes. 
I am going to do it for my grandchildren. I am going to do it for the 
children of this world. It is one of the most important things about 
which we can be engaged. It is all about human dignity.
  I yield now to my colleague from Minnesota for whatever time he may 
consume.
  The ACTING PRESIDENT pro tempore. The Chair recognizes the Senator 
from Minnesota [Mr. Wellstone].
  Mr. WELLSTONE. I thank my colleague. I say to my distinguished 
colleague from Illinois, Ms. Moseley-Braun, that I will be very brief.
  I honestly feel that Senator Reid has more than covered the ground. 
To me, this mutilation is an horrific form of child abuse, and it is a 
human rights violation. We should absolutely make sure it is abolished 
in our country. Our country should take the lead.
  I also think, Mr. President, I say to Senator Reid and Senator 
Moseley-Braun, we as a nation should be very active in the United 
Nations on this issue as well.
  Mr. President, first of all, I wish to kind of talk about my personal 
connection to this issue and why I share Senator Reid's absolute 
determination to make sure that we pass this legislation. This is not 
symbolic. We are not just introducing the bill at the end of this 
session and it just sort of fades away, never to be seen or heard about 
again. We are going to make sure this bill becomes the law of the land 
in the next Congress.
  First of all, I thank Senator Reid. When he first spoke about this 
absolutely horrible form of child abuse and basic violation of human 
rights--and in many, many cases we are talking about young girls--I 
happened to be in the Chamber, and I just listened to him. As you know, 
Mr. President, we become so used to seeing Senators out in the Chamber 
speaking, and then we rush to committee meetings or whatever else. We 
almost sometimes do not even hear the words. I just stopped and came 
back and sat and listened. I thank Senator Reid for his personal 
commitment on this issue. This is inside of his heart. It is very, very 
clear. He is, as my kids would say, on fire on this issue. I just think 
that there is no question in my mind that none of us are going to rest 
until we make sure that this bill becomes the law of the land.
  Second, I would like to thank Abe Rosenthal, the other person who has 
brought my attention to this. Mr. Rosenthal, a columnist for the New 
York Times, has been so strong in his writing about this. I think he is 
somewhat of a model conscience for our country and the world on this 
issue.
  Finally, Mr. President, let me just simply say that as a man, as a 
father, as a husband with two sons and one daughter, and also as a 
grandfather, with one granddaughter, I feel the same way about this. I 
do even like to think about what the statistics mean in personal terms. 
I cannot even imagine such a cruel practice takes place. I really 
believe that this is a basic human rights issue.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                 Female Genital Mutilation Act of 1994

       This bill will make it illegal to perform the procedures of 
     FGM on persons younger than 18 years punishable by a fine or 
     imprisonment for up to 5 years.
       The procedures will not be considered a violation if it is 
     necessary for the health of the person and is performed by 
     medical professionals. Also, it will not be considered a 
     violation if it is performed on person in labor or just given 
     birth.
       Under this bill it will be illegal to discriminate and to 
     deny medical services to any person who has undergone FGM 
     procedures, or to persons who have requested that the 
     procedures be performed on another. Violation equals fine 
     and/or imprisonment up to 1 year.
       The bill calls for the compilation of data on the number of 
     females in U.S. who have subjected to FGM (whether done 
     inside or outside of U.S.), and a breakdown of number of 
     girls under 18.
       The bill requires the Secretary of HHS to identify 
     communities in U.S. which practice FGM and design and 
     implement outreach activities to inform people of the 
     physical and psychological health effects. This is to be done 
     in collaboration with representatives of ethnic groups, and 
     representatives of organizations which have expertise in 
     prevention of FGM.
       The bill requires the Secretary of HHS to develop 
     recommendations for educating students in medical schools on 
     FGM.
       Female genital mutilation is a horrific form of child abuse 
     as well as a human rights violation which should be 
     explicitly outlawed in the United States.
       Even the ``mildest'' form of FGM, the clitoridectomy, is 
     the anatomical equivalent to amputation of the penis.
       Though the extent of the problem in the U.S. is unclear, we 
     should join with other nations such as The United Kingdom and 
     Sweden in setting an example for the world by enacting 
     legislation which explicitly prohibits FGM. One section of 
     the bill calls for the collection of data which will provide 
     us with the numbers we need to determine how widespread the 
     problem is. [See U.S. examples as shown in background 
     information below.]
       For most of us, it is difficult to discuss this issue and 
     to acknowledge that this form of child abuse could take place 
     in our communities--in a nation which considers itself 
     civilized. The passage of this act will send a clear message, 
     especially to our immigrant communities, that it will be 
     illegal for any child or young woman, regardless of cultural 
     tradition, to be subjected to the torture of FGM.
       I urge my colleagues to support this important and 
     necessary bill.


                         background information

       Definitions.--Female genital mutilation (FGM) includes: 
     clitoridectomies and infibulation. Clitoridectomies: removal 
     of part of the clitoris or the whole organ. Infibulation: 
     removal of the clitoris and labia minora, plus incision of 
     labia majora, which is then stitched to cover the urethra and 
     entrance to the vagina (a very small opening is left to pass 
     urine and menstrual blood).
       Clitoridectomy (the mildest type of FGM) is the anatomical 
     equivalent to amputation of the penis.
       Estimates range from 80 to 100 million women in over 30 
     countries have been subjected to FGM.
       Extent of FGM in United States is unknown, however health 
     care workers are seeing an increasing number of immigrants 
     who have been subjected to the procedures. Examples: Somali 
     refugees have offered to pay doctors up to $3,000 to perform 
     the procedure on their daughters. In 1986, an African-born 
     nurse, living in Atlanta, was charged with child abuse 
     because of a botched clitoridectomy performed on her 3-year 
     old niece. (Source: U.S. News & World Report, Feb. 7, 1994).
       According to the World Health Organization (May 1993) 
     complications of FGM include the following: Immediate risks 
     are death (hemorrhage); shock (servere pain); infertility; 
     tetanus; infection; HIV infection from tools used. Long-term 
     effects include general health & reproductive problems--
     urinary tract infections; coital difficulty; cysts & 
     abscesses; severe scar formations; difficulty voiding; 
     difficulties with menstruation. Problems with childbirth 
     include double the risk of maternal death; several times 
     increased risk of stillbirth; increased risk of hemorrhage 
     and infection.
       Laws and initiatives of other countries/organizations: 
     World Health Assembly (May 1993) adopted a resolution which 
     highlighted the elimination of ``harmful traditional 
     practices and other social and behavioral obstacles affecting 
     the health of women, children and adolescents . . . 
     [including] female genital mutilation.'' Sweden, 1982, passed 
     a law which prohibits all forms of FMG. United Kingdom passed 
     a smilar law in 1985. France has not passed an specific law 
     prohibiting FGM, however, several cases have been brought 
     against parents for having the procedure performed or 
     intending to do so, on their French-born daughters. These 
     cases were established a precedent for the illegality of FGM, 
     and were tried under child-abuse laws. The Netherlands and 
     Belgium have made it clear that the practice is illegal. 
     (Source: New England Journal of Medicine, Sept. 15, 1994).

  Mr. WELLSTONE. I thank my colleague, Senator Reid, from Nevada, and I 
would like to thank Senator Moseley-Braun. I look forward to working 
with the Senators on this to make sure that in fact we are successful 
in the next Congress.
  Mr. REID. Mr. President, I yield whatever time the Senator from 
Illinois may consume.
  The ACTING PRESIDENT pro tempore. The Chair recognizes the Senator 
from Illinois [Ms. Moseley-Braun].
  Ms. MOSELEY-BRAUN. Mr. President, at the outset, I wish to thank and 
commend my colleague, the Senator from Nevada, for his initiative in 
this area. This issue of femald genital mutilation is an important 
child abuse issue. It is an important women's issue. But most 
significantly, it is an important human rights issue. As my colleagues 
have spoken to the point, this is not just a matter of difference in 
cultural points of view. This really goes to a public health concern, a 
concern for human rights that I think as Amerians we all share.
  Mr. President, circumcision is a procedure with a long history. It is 
a common, accepted practice in the United States for babies to be 
circumcised. The Jewish religion has even made circumcision a religious 
ceremony. It is quick, relatively painless, and without long-term 
consequences--for men.
  For women, however, circumcision is another matter altogether. The 
procedure known as female circumcision is not at all benign. It is 
mutilation.
  Eighty million women worldwide have been mutilated by being subjected 
to female circumcision. This practice is most widely seen in Eastern 
and Western Africa and some Middle Eastern countries. In Mali, Sierra 
Leone, Somalia, and parts of Ethiopia and northern Sudan, nearly all 
women are circumcised.
  Even the United States is not immune to this phenomenon. Tragically, 
we are seeing more and more genital mutilation as communities from 
African countries immigrate to this country.
  That is why I am so pleased to be introducing this legislation with 
Senator Reid and Senator Wellstone to halt this practice in the United 
States.
  Female circumcision has been associated with the Moslem religion, but 
nowhere in Islamic scripture is it required. Nor is it practiced in 
Saudi Arabia, the cradle of Islam. Historically, the procedure dates 
back before the rise of the Moslem religion to the times of the Pharaoh 
in Egypt.
  In countries where the practice is not universal, female genital 
mutilation is more common among poor, uneducated women, and it is 
inextricably tied to the status of women in the community.
  In these societies, women who have not been circumcised are 
considered unclean, and unmarriageable. In communities where the only 
role for a woman is to be married and have children, the fear of being 
labeled unmarriageable is enormous and real.
  Ironically, that is why women are the strongest supporters of this 
practice. It is the older women who know best about how an 
uncircumcised woman in a traditional village will be treated.
  Girls are taught that with circumcision, they enter womanhood. 
Mothers encourage the mutilation because they want their daughters to 
marry--because marriage is the only access to a meal ticket. And men 
support the custom because a woman who is circumcised is chaste. In 
short, circumcision is a passport into the only role that women can 
play.
  As a woman and a mother, I am outraged, because I can't imagine 
leading a child to this kind of torture.
  I want to raise awareness of this practice. This is mutilation of 
otherwise healthy women, pure and simple. We must work together to stop 
teaching girls that undergoing this kind of butchery is essential to 
their future.
  Mr. President, there are very serious health risks associated with 
the practice of female genital mutilation that do not exist with male 
circumcision.
  This practice is most often performed by midwives or other women 
elders with little or no medical training. It is performed without 
anesthetic or sanitary tools. Often, the cut is made with a razor blade 
or a piece of glass.
  The New England Journal of Medicine has examined female genital 
mutilation as a public health issue. They report that women often 
hemorrhage after the cutting. Prolonged bleeding may lead to severe 
anemia. Urinary tract infections and pelvic infections are common. 
Sometimes, cysts form in the scar tissue. The mutilation can also lead 
to infertility.
  At childbirth, circumcised women have double the risk of maternal 
death, and the risk of a stillbirth increases severalfold.
  And because the cutting is performed without sanitary tools, female 
genital mutilation has become a means of spreading the HIV virus.

  There are no records of how many girls die as a result of this 
practice.
  Mr. President, Sweden, Britain, the Netherlands, and Belgium have 
outlawed this practice. In France, it is considered child abuse.
  I think we can do as well here at home in the United States.
  Last year, the World Health Organization adopted a resolution on 
maternal child health and family planning for health sponsored by 
Guinea, Kenya, Nigeria, Togo, Zambia, and Lebanon that highlights the 
importance of eliminating harmful traditional practices, including 
female genital mutilation, affecting the health of women, children, and 
adolescents.
  Banning this practice in the United States is just the first step 
toward eradicating it. Girls must be taught that they will have 
opportunities, both in marriage and outside the home, if they are not 
mutilated. Mothers must believe that their daughters will have a place 
in the community if they are not circumcised. And men must be taught 
that the terrible health risks involved with the procedure far outweigh 
their belief that a circumcised woman is a virgin bride.
  I want to commend the Inter-African Committee on Traditional 
Practices affecting the health of women and children, for their work in 
Africa over the last 10 years to educate women so that this practice 
can be abolished. It will take much more than government statements 
against the procedure to eradicate the tradition.
  I also wish to acknowledge Americans who have spoken out against this 
procedure, including Gloria Steinem, Alice Walker, A.M. Rosenthal of 
the New York Times, ABC's ``Day One.''
  Mr. President, no woman, anywhere, should have to undergo this kind 
of mutilation, not to get a husband, not to put food on the table, not 
for any reason. Female circumcision is, in the final analysis, about 
treating women as something less than people. It must be stopped. It 
has no place in today's world.
  It certainly has no place here in the United States.
  Mr. President, I think it is fair to say that the leadership of the 
Senator from Nevada in this area has been very important in bringing 
this issue to the attention of the American people and bringing this 
issue to the attention of this legislative body so that we can make a 
definitive statement as the Congress of the United States that female 
genital mutilation has no place in this country and that we are intent 
and will see to it that it is banned.
                                 ______

      By Mr. GLENN:
  S. 2502. A bill to extend the deadline under the Federal Power Act 
applicable to the construction of a hydroelectric project in Ohio; to 
the Committee on Energy and Natural Resources.


                 OHIO HYDROELECTRIC PROJECT LEGISLATION

 Mr. GLENN. Mr. President, I am introducing a bill to extend 
the time limitation on an already issued Federal Energy Regulatory 
Commission [FERC] license for the Summit Pumped Energy Storage Project 
in Norton, OH. Legislation authorizing the FERC to grant this extension 
has been introduced in the House by Congressman Sawyer.
  Upon completion of environmental, engineering, and other project 
review, the FERC issued a license to Summit Energy Storage, Inc., for 
the Summit Pumped Storage Hydropower Project. The 1,500 megawatt Summit 
project, to be located in Summit and Medina Counties, OH, will generate 
an estimated maximum 3,900 gigawatt-hours of electricity per year.
  In addition, this project will create thousands of man-years worth of 
construction jobs in the area. Other benefits for the region include 
tax revenue and economic growth in the short term and for the future.
  Section 13 of the Federal Power Act prescribes the time limits for 
commencement of construction of a hydropower project once FERC has 
issued a license. The licensee must begin construction not more than 2 
years from the date the license is issued, unless FERC extends the 
initial 2-year deadline. FERC has extended the Summit Project's 
construction commencement deadline for the one permissible 2-year 
period, setting the current deadline of April 11, 1995. The bills 
introduced by Congressman Sawyer and me would grant FERC authority to 
extend the commencement of construction deadline for up to 6 additional 
years.
  Mr. President, I urge the enactment of this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2502

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

     SECTION 1. EXTENSION OF DEADLINE.

       (a) In General.--Notwithstanding the time period specified 
     in section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission (FERC) project numbered 9423, the Federal Energy 
     Regulatory Commission may, upon the request of the licensee 
     for such project, in accordance with the good faith, due 
     diligence, and public interest requirements of such section 
     and the Commission's procedures under such section, extend 
     the time period during which such licensee is required to 
     commence the construction of such project for not more than 3 
     consecutive 2-year periods.
       (b) Effective Date.--This section shall take effect on the 
     date of the expiration of the extension of the period 
     required for the construction of the project described in 
     subsection (a) that was issued before the date of enactment 
     of this section by the Commission under section 13 of the 
     Federal Power Act (16 U.S.C. 806).
                                 ______

           By Mr. DURENBERGER (for himself, Mr. Harkin, Mr. Dole, 
             Mr. McCain, Mr. Simon, Mrs. Murray, and Mr. 
             Jeffords):
  S. 2503. A bill to amend the Small Business Act to authorize small 
business concerns owned and controlled by individuals with disabilities 
to participate in business development programs established by that 
act, and for other purposes; to the Committee on Small Business.


    the americans with disabilities business development act of 1994

  Mr. DURENBERGER. Mr. President, when Congress passed the Americans 
With Disabilities Act [ADA], a long-overdue step was taken to empower 
individuals who had for years, faced unfair discrimination and 
prejudice simply on the basis of a disability. The intent of the ADA is 
to allow people with disabilities to participate fully in all aspects 
of society. Unfortunately, one area in which individuals with 
disabilities have experienced inequality is in gaining the opportunity 
to own, operate, and manage a business.
  Today I am introducing the Americans With Disabilities Business 
Development Act, a bill which would allow people with disabilities to 
compete for contracts and capital under the Small Business 
Administration's [SBA] 8(a) and 8(c) minority enterprise programs.
  I want to thank my distinguished colleagues--Mr. Harkin, Mr. Dole, 
Mr. McCain, Mr. Simon, Mrs. Murray, and Mr. Jeffords--who have joined 
in cosponsoring this bill.
  Mr. President, individuals with disabilities have historically 
experienced difficulty obtaining employment. Moreover, they have not 
had the same opportunities and financial support as others in society, 
to own and operate their own businesses. While the ADA prevents most 
employers from discriminating on the basis of disability, it does not 
provide financial support to business entrepreneurs who happen to have 
a disability.
  The Small Business Act established the 8(a) and 8(c) programs, in 
part, to foster business ownership by individuals who are both 
economically and socially disadvantaged. By entering into contracts 
with Government agencies and departments for supply, service, 
construction, and research development, the SBA is able to offer 
subcontracts to 8(a) and 8(c) businesses. This not only maintains the 
viability to competitive, minority held businesses, but also works to 
eliminate the doubts which non-Government contractors may have in 
negotiating with minority enterprises.
  The criteria for participation in the 8(a) and 8(c) programs are not 
clearly specified in law or regulations. By definition, members of 
racial or ethnic minorities are held to be ``socially and economically 
disadvantaged.'' Although the ADA found that individuals with 
disabilities have suffered a history of unequal treatment, unfair 
discrimination and prejudices, the ambiguity in the SBA guidelines 
forces those with a disability to individually prove their ``social and 
economic disadvantage.'' This is something that a disabled person 
should not have to do.
  Mr. President, this legislation is another step toward affording 
individuals with disabilities the same opportunities that we all enjoy. 
I would urge my colleagues on both sides of the aisle to support the 
Americans With Disabilities Business Development Act and promote the 
long term vitality of the disabled entrepreneurs.
  I ask unanimous consent that the text of the Americans With 
Disabilities Business Development Act be included in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2503

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Americans with Disabilities 
     Business Development Act of 1993''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Section 2 of the Small Business Act (15 
     U.S.C. 631) is amended by adding at the end the following new 
     subsection:
       ``(i) The Congress finds that--
       ``(1) approximately 43,000,000 Americans have 1 or more 
     physical or mental disabilities, and this number is 
     increasing as the population as a whole is growing older;
       ``(2) census data, national polls, and other studies have 
     documented that individuals with disabilities, as a group, 
     occupy an inferior status in our society, and are severely 
     disadvantaged socially, vocationally, economically, and 
     educationally;
       ``(3) individuals with severe disabilities have faced many 
     of the same discriminatory obstacles in developing small 
     businesses as have groups previously recognized as `socially 
     and economically disadvantaged' under the Small Business Act;
       ``(4) the Nation's proper goals regarding individuals with 
     severe disabilities are to assure equality of opportunity, 
     full participation, independent living, and economic self-
     sufficiency for such individuals and
       ``(5) these goals can be advanced by providing the maximum 
     practicable opportunities for the growth and development of 
     small business concerns owned and controlled by individuals 
     with severe disabilities.''.
       (b) Purposes.--The purposes of this Act are--
       (1) to assist the legitimate business interests of small 
     business concerns owned and controlled by individuals with 
     severe disabilities;
       (2) to permit small business concerns owned and controlled 
     by individuals with severe disabilities to participate in 
     business development programs established by the Small 
     Business Act; and
       (3) to eliminate, insofar as possible, discrimination 
     against individuals with severe disabilities in obtaining 
     capital and other production assistance.

     SEC. 3. DEFINITIONS.

       Section 3(f) of the Small Business Act (15 U.S.C. 632(f)) 
     is amended to read as follows:
       ``(f) Severe Disability.--For purposes of this Act, unless 
     otherwise specifically provided, the term `severe disability' 
     shall, have the meaning given such term, by regulation, by 
     the Administration.''.

     SEC. 4. AMERICANS WITH DISABILITIES.

       (a) Policy Statement.--Section 2(f)(1)(C) of the Small 
     Business Act (15 U.S.C. 631(f)(1)(C)) is amended by inserting 
     ``Americans with severe disabilities,'' after ``Asian Pacific 
     Americans,''.
       (b) Small Business and Capital Ownership Development 
     Program.--Section 8(a)(5) of the Small Business Act (15 
     U.S.C. 637(a)(5)) is amended by adding at the end the 
     following new sentence: ``For the purposes of this 
     subsection, individuals with severe disabilities shall be 
     considered to be socially disadvantaged individuals.''.
       (c) Contract Clause.--The contract clause contained in 
     section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 
     631(d)(3)) is amended in the last sentence by inserting 
     ``Americans with severe disabilities.'' after ``Asian Pacific 
     Americans,''.

     SEC. 5. TECHNICAL AMENDMENTS TO SMALL BUSINESS ACT.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) in section 3(e)--
       (A) by striking ``the handicapped'' and inserting 
     ``individuals with severe disabilities''; and
       (B) by striking ``handicapped individuals'' each place such 
     term appears and inserting ``individuals with severe 
     disabilities'';
       (2) in section 7(a)(10)--
       (A) by striking ``the handicapped'' and inserting 
     ``individuals with severe disabilities''; and
       (B) by striking ``handicapped individual'' and inserting 
     ``individual with severe disabilities''; and
       (3) in subsection 7(h)--
       (A) by striking ``handicapped individuals'' and inserting 
     ``individuals with severe disabilities'';
       (B) by striking ``handicapped individual'' and inserting 
     ``individual with severe disabilities''; and
       (C) by striking paragraph (3).

  Mr. HARKIN. Mr. President, I rise today in strong support of the 
Americans With Disabilities Business Development Act of 1994, which I 
am proud to cosponsor along with Senators Durenberger, Dole, McCain, 
Simon, Murray, and Jeffords.
  I particularly want to thank Senator Durenberger for his tireless 
efforts on this and other legislation to enhance opportunities for 
individuals with disabilities. As the ranking member on the Senate 
Subcommittee on Disability Policy of the Committee on Labor and Human 
Resources, Senator Durenberger has been a great advocate and good 
friend to the disability community.
  As a member of the Senate Committee on Small Business and as chairman 
of the Subcommittee on Disability Policy, I have long been concerned 
that persons with disabilities have an inordinate amount of difficulty 
in meeting the Small Business Administration's criteria for socially 
and economically disadvantaged persons and, thus, are unable to access 
the section 8(a) program even though they are clearly among those 
Congress intended to benefit from the program.
  Over the past several years, I have seen many examples of the 
systematic exclusion of persons with disabilities from the economic 
marketplace. The American With Disabilities Act was passed in an effort 
to eliminate this exclusion. The SBA plays a critical role in this 
effort by providing persons with disabilities with the means to gain 
their rightful place in the economic mainstream of society though small 
business ownership.
  This bill would amend the Small Business Act to include persons with 
severe disabilities as one of the groups presumed to be socially 
disadvantaged for purposes of eligibility for the section 8(a) program. 
It is critical that persons with disabilities have access to programs 
that encourage small business ownership and that unfair barriers faced 
by persons with disabilities in SBA programs be eliminated.
  By creating opportunities for would-be small business owners with 
disabilities, this legislation will advance the ADA's goals of 
independence, inclusion, and empowerment for all Americans with 
disabilities.
                                 ______

      By Mr. METZENBAUM (for himself and Mr. Simon):
  S. 2504. A bill to extend the protections of Federal labor and civil 
rights laws to part-time, temporary, and leased employees, independent 
contractors, and other contingent workers, and to ensure equitable 
treatment of such workers; to the Committee on Labor and Human 
Resources.


                  the contingent workforce equity act

 Mr. METZENBAUM. Mr. President, I introduce the Contingent 
Workforce Equity Act. As more and more employers replace full-time 
positions with part-time, temporary, and other contingent jobs, a 
growing number of American workers find themselves relegated to second-
class status in our work force. This comprehensive legislation ensures 
that contingent workers--who now account for over a quarter of the work 
force--have the same rights and protections under our Federal labor 
laws as full-time workers. In short, their work may be contingent, but 
their rights shouldn't be.
  Corporate America has always supplemented full-time employees with 
part-time and temporary workers to meet increases in demand for their 
products or services. In recent years, however, many U.S. businesses 
have been hiring part-time, temporary, and other contingent workers to 
replace full-time workers. Their aim is to cut labor and health care 
costs.
  For example, last year, after earning a record $1.5 billion in 
profits, Bank of America fired thousands of full-time bank tellers and 
loan officers and rehired them as part-timers. This simple 
reclassification allowed the company to cut workers' paychecks in half 
and eliminate their health, pension, and vacation benefits altogether.
  Unfortunately, it's not just Bank of America. In fact, the largest 
U.S. employer today is not GM, nor IBM, but Manpower, Inc., a temporary 
services firm that sent out 640,000 temporary workers to run America's 
businesses. In the last 10 years, the temporary help industry has grown 
more than 10 times faster than the work force as a whole. And these 
workers are not just performing secretarial duties any more: They are 
being sent to companies like electronics manufacturer Robertshaw 
Controls, which opened a Michigan factory last year staffed entirely 
with temporary hires from Manpower.
  Today, the contingent work force is 34 million strong, and growing. 
Some say contingent workers may outnumber full-time workers by the end 
of the decade.
  Of course, some contingent workers want the flexibility of part-time 
or temporary work. But there are millions of American workers who need 
full-time work to make ends meet, but who are stuck in the contingent 
work force because they can't find a full-time job. In the part-time 
sector alone, there are over 6 million workers who would prefer full-
time employment. And even those who want contingent work still deserve 
fair wages and decent treatment.
  But the profile of the contingent worker paints a grim picture. For 
example, part-time workers earn, on average, 62 cents for every dollar 
earned by full-time workers, leaving many of their families below the 
poverty line. Sixty-five percent of full-time workers have employer-
provided health care benefits, as compared to only 15 percent of part-
time workers. Nearly half of all full-time workers get pension benefits 
from their employer, as compared to only 10 percent of part-time 
workers.
  State employment laws leave many contingent workers out in the cold. 
For example, millions of contingent workers find themselves excluded 
from workers' comp when they are injured on the job. In addition, the 
majority of States exclude independent contractors and part-time 
workers from their unemployment insurance program.
  As employers, many State and local governments have contributed to 
the problem, by subcontracting public services to private firms that 
pay contingent workers low wages and no benefits. At the Citadel in 
South Carolina, for example, food service workers were treated for 
years as public sector employees, earning good wages with benefits. 
Then the State-owned school contracted out the food-service operation 
to ARA Services, which hired the same workers to do the same jobs for 
lower wages and no benefits. Recently, the NLRB refused to let the 
workers organize to bargain with ARA, finding that the Citadel still 
controls their wages.
  A broad patchwork of Federal labor laws provides American workers 
with a safety net of minimum protections. These protections extend to 
wages, benefits, working conditions, equal employment opportunity, and 
other aspects of the employment relationship. But Congress wrote these 
laws with full-time workers in mind, and millions of contingent workers 
are slipping through the safety net.
  For example, Patricia Knight was an Indiana insurance agent who was, 
for all practical purposes, an employee of an insurance company. Her 
supervisor subjected her to continuous sexual harassment, imposed 
different performance standards than those imposed on male agents, and 
discharged her when she tried to assert her rights. A Federal judge 
found substantial evidence of sexual harassment, but dismissed Knight's 
case because she was deemed an independent contractor not covered by 
Federal civil rights laws.
  Katy Broughton was hired through Kelly Temp Services to work at a 
Mitchellace shoelace plant in Portsmouth, OH. She was paid minimum wage 
with no benefits, performing production jobs alongside Mitchellace's 
direct hires, who, were paid $7 an hour with benefits. After working 
there 2\1/2\ years, her assignment was hardly temporary. Nevertheless, 
when she and others tried to organize the plant to improve conditions, 
the NLRB denied her the opportunity to organize with the other workers 
because of her temporary status. The day after the union election, she 
was fired.
  Jimmie Ruth Daughtrey had worked for Honeywell Corp. as a computer 
programmer for 7 years when the company eliminated her job. Shortly 
thereafter, Honeywell rehired her as an independent contractor--
performing the same job, but without health care, pension, or other 
benefits. When Honeywell later terminated Daughtrey and other older 
workers, she filed suit under the Age Discrimination in Employment Act, 
but her case was dismissed because she was deemed a consultant rather 
than an employee covered by the act.
  Millions of contingent workers are similarly excluded from the 
protections of other Federal labor laws such as Family and Medical 
Leave, Occupational Safety and Health, Worker Adjustment and Retraining 
Notification, and ERISA. In many cases, employers have deliberately 
modified their employment practices to escape their obligations under 
these laws. For example, every year U.S. employers misclassify millions 
of employees as independent contractors in order to avoid their 
obligations under Social Security, workers' comp, and unemployment 
insurance laws. As more and more employers transform their work forces 
from full time to contingent, more and more American workers are left 
unprotected by Federal labor laws.
  The Federal Government, like State and local governments, has 
contributed to the problem as an employer. Last year, we mourned the 
loss of James Hudson, who passed away after having held his temporary 
caretaker job at the Lincoln Memorial for 8 years. Similarly, this 
summer one of my staff met a U.S. Park Service Ranger in Colorado who 
has held a temporary position, without benefits, for 10 years. All 
told, there are more than 450,000 Federal workers employed in temporary 
and part-time positions without benefits.
  The legislation I am introducing today extends Federal labor law 
protections to contingent workers. By closing these legal loopholes, 
the bill will also dissuade employers from eliminating full-time jobs 
in an effort to escape their obligations under these laws. Contingent 
workers work hard, pay taxes, and deserve more than to be treated like 
second-class citizens. We can no longer afford to turn our backs on 
these workers.
  Ultimately, this trend may force us to rethink many of our 
traditional assumptions about work, training, pensions, unemployment 
insurance, and a host of other issues. We need a high-wage, high 
productivity strategy to ensure U.S. competitiveness into the next 
century. But the increasing use of contingent labor--a central feature 
of a low-wage strategy--takes us in the opposite direction. It devalues 
workers, and breaks the bonds that have traditionally linked workers 
and employers, a critical component of a high-productivity workplace.
  In fact, this trend may pose a substantial risk to the free 
enterprise system as a whole, because these workers will no longer be 
able to purchase the very products they are making, to buy a car or 
afford a mortgage, or to contribute much to the economy. In addition, 
the more contingent our work force becomes, the more dependent workers 
will be on Government programs for health care, for retirement income, 
and for their very survival.
  These are deeply troubling issues, and we must begin to address them. 
In the meantime, the Contingent Workforce Equity Act will end the 
second-class treatment of our Nation's part-time, temporary, and leased 
employees. As my colleagues know, I will be retiring at the end of this 
session, but I hope that this legislation will be reintroduced in the 
next Congress. America's hard working men and women deserve nothing 
less.
  I ask unanimous consent that a summary appear in the Record together 
with the full text of the bill.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2504

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Contingent Workforce Equity 
     Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the number of part-time, temporary, leased, and other 
     contingent workers is increasing in numbers and as a 
     percentage of the workforce as a whole;
       (2) Federal personnel practices have contributed to the 
     increasing use of contingent workers;
       (3) on average, contingent workers earn substantially less 
     than full-time workers and are less likely to receive 
     employer-provided health, pension, or other basic benefits;
       (4) many contingent workers are excluded from coverage 
     under State unemployment insurance laws;
       (5) many contingent workers are excluded from the basis 
     worker protections of Federal labor and civil rights laws;
       (6) many employers misclassify their employees as 
     independent contractors to avoid the requirements of social 
     security, unemployment insurance, workers' compensation, and 
     other laws; and
       (7) contingent workers are entitled to fair wages and 
     benefits, protections under Federal labor and civil rights 
     laws, and coverage under State unemployment insurance laws, 
     where feasible.
       (b) Purposes.--The purposes of this Act are to--
       (1) discourage employers from replacing full-time positions 
     with part-time, temporary, or other contingent positions as a 
     means of lowering labor costs or avoiding the requirements of 
     Federal or State employment or employment-related laws;
       (2) extend the protections of Federal labor and civil 
     rights laws to contingent workers; and
       (3) extend coverage under State unemployment insurance laws 
     to contingent workers, where feasible.
                      TITLE I--WORKER PROTECTIONS

     SEC. 101. MINIMUM WAGE.

       Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206(a)(1)) is amended to read as follows:
       ``(1) except as otherwise provided in this section--
       ``(A) not less than--
       ``(i) $4.25 an hour during the period ending on December 
     31, 1994;
       ``(ii) $4.85 an hour during the year beginning on January 
     1, 1995;
       ``(iii) $5.55 an hour during the year beginning January 1, 
     1996;
       ``(iv) $6.20 an hour during the year beginning January 1, 
     1997; and
       ``(v) $6.75 an hour during the year beginning January 1, 
     1998; and
       ``(B) with respect to the year beginning on January 1, 
     1999, and each such succeeding year, not less than the amount 
     applicable under clause (v) of subparagraph adjusted on 
     October 1 of the previous year to equal 50 percent of the 
     monthly average hourly earnings for nonfarm, nonsupervisory 
     private workers for the preceding 12 months, as determined by 
     the Bureau of Labor Statistics, rounded to the nearest 
     multiple of $0.05, except that any amount determined under 
     this subparagraph shall not be less than the amount 
     applicable under this paragraph for the preceding year;''.

     SEC. 102. EQUAL PAY.

       Section 6 of the Fair Labor Standards Act (29 U.S.C. 206) 
     is amended by adding at the end thereof the following:
       ``(g)(1) No employer having employees subject to any 
     provisions of this section shall discriminate, within any 
     establishment in which such employees are employed, between 
     employees on the basis of employment status by paying wages 
     to part-time or temporary employees in such establishment at 
     a rate less than the rate at which the employer pays wages to 
     full-time employees in such establishment for equal work on 
     jobs the performance of which requires equal skill, effort, 
     and responsibility, and which are performed under similar 
     working conditions, except where such payment is made 
     pursuant to--
       ``(A) a seniority system;
       ``(B) a merit system;
       ``(C) a system that measures earnings by quantity or 
     quality of production; or
       ``(D) a differential based on any other factor other than 
     employment status.

     An employer who is paying a wage rate differential in 
     violation of this subsection shall not, in order to comply 
     with the provisions of this subsection, reduce the wage rate 
     of any employee.
       ``(2) No labor organization, or its agents, representing 
     employees of an employer having employees subject to any 
     provisions of this section shall cause or attempt to cause 
     such an employer to discriminate against an employee in 
     violation of paragraph (1).
       ``(3) For purposes of administration and enforcement, any 
     amounts owing to any employee that have been withheld in 
     violation of this subsection shall be deemed to be unpaid 
     minimum wages or unpaid overtime compensation under this Act.
       ``(4) As used in this subsection, the term `labor 
     organization' means any organization of any kind, or any 
     agency or employee representation committee or plan, in which 
     employees participate and which exists for the purpose, in 
     whole or in part, of dealing with employers concerning 
     grievances, labor disputes, wages, rates of pay, hours of 
     employment, or conditions of work.''.

     SEC. 103. CIVIL RIGHTS.

       Section 1977(a) of the Revised Statutes (42 U.S.C. 1981(a)) 
     is amended to read as follows:
       ``(a)(1) All persons within the jurisdiction of the United 
     States shall have the right in every State and Territory--
       ``(A) to make and enforce contracts free from unlawful 
     discrimination based on race, color, religion, sex, national 
     origin, age, or disability; and
       ``(B) to sue, be parties, give evidence, and to be subject 
     to punishment, pains, penalties, taxes, licenses, and 
     exactions, free from such unlawful discrimination.
       ``(2) For purposes of determining the existence of unlawful 
     discrimination under paragraph (1)--
       ``(A) in the case of a claim of unlawful discrimination 
     based on race, color, religion, sex, or national origin, the 
     same legal standards shall apply as are applicable under 
     title VII of the Civil Rights Act of 1964 (42 U.S.C. 20000e 
     et seq.);
       ``(B) in the case of a claim of unlawful discrimination 
     based on age, the same legal standards shall apply as are 
     applicable under the Age Discrimination in Employment Act of 
     1967 (29 U.S.C. 621 et seq.); and
       ``(C) in the case of a claim of unlawful discrimination 
     based on disability, the same legal standards shall apply as 
     are applicable under the Americans with Disabilities Act (42 
     U.S.C. 12101 et seq.).''.

     SEC. 104. COLLECTIVE BARGAINING RIGHTS.

       (a) Determination of Bargaining Units.--Section 9(b) of the 
     National Labor Relations Act (29 U.S.C. 159(b)) is amended--
       (1) by striking ``; or (2)'' and inserting ``or''; and
       (2) by striking ``or (3)'' and inserting ``; (3) decide 
     that an employee shall be excluded from a unit otherwise 
     appropriate for the purposes of collective bargaining based 
     on the employee's part-time or temporary status, if such 
     employee (A) has a reasonable expectation of continued 
     employment; and (B) is employed by the employer on the date 
     on which eligibility for participation in a representation 
     election is determined and on the date of the election; or 
     (4)''.
       (b) Joint Employer Status.--Section 2(3) of the National 
     Labor Relations Act (29 U.S.C. 152(3)) is amended by adding 
     at the end thereof the following: ``An individual employed by 
     a contractor of an employer shall be considered an employee 
     of the employer if the individual is assigned on a regular 
     basis to perform work on the premises of the employer, and 
     the tasks performed by such individual are functionally 
     integrated with the operations of the employer.''.

     SEC. 105. OCCUPATIONAL SAFETY AND HEALTH.

       Section 5(a)(1) of the Occupational Safety and Health Act 
     (29 U.S.C. 654(a)(1)) is amended to read as follows:
       ``(1) shall furnish employment and a place of employment 
     that are free from recognized hazards that are causing or are 
     likely to cause death or serious physical harm to the 
     employees of the employer or to individuals who are employed 
     by another employer and are performing services at such place 
     of employment;''.

     SEC. 106. ADVANCE NOTICE OF LAYOFFS AND PLANT CLOSINGS.

       Section 2 of the Worker Adjustment and Retraining 
     Notification Act (29 U.S.C. 2101 et seq.) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), to read as follows:
       ``(1) the term `employer' means any business enterprise 
     that employs 100 or more employees;'';
       (B) in paragraph (2), by striking ``excluding any part-time 
     employees'';
       (C) in paragraph (3), by striking ``(excluding any part-
     time employees)'' each place such term appears; and
       (D) by striking paragraph (8); and
       (2) in subsection (b)(1), by striking ``(other than a part-
     time employee)''.

     SEC. 107. CONTINGENT WORKFORCE SURVEY.

       The Secretary of Labor, acting through the Commissioner of 
     the Bureau of Labor Statistics, shall establish and carry out 
     an annual survey identifying--
       (1) the characteristics of temporary workers in the United 
     States;
       (2) the relationship between such workers and the 
     establishments at which such workers are temporarily 
     employed; and
       (3) where appropriate, the relationship between such 
     workers and their permanent employers.

     SEC. 108. FEDERAL SERVICE CONTRACT SUCCESSORSHIP.

       Section 4(c) of the Service Contract Act of 1965 (41 U.S.C. 
     353(c)) is amended--
       (1) by striking ``(c) No'' and inserting ``(c)(1) No''; and
       (2) by adding at the end the following new paragraphs:
       ``(2)(A) Except as provided in subparagraph (B), a 
     contractor under a successor contract (under which 
     substantially the same services are performed) shall, in good 
     faith, provide a right of first refusal of employment under 
     that contract to each employee employed under the predecessor 
     contract. If, under the successor contract, the number of 
     employees to be employed is less than the number of employees 
     employed under the predecessor contract, the contractor shall 
     provide such right to the employees on the basis of 
     seniority.
       ``(B) Notwithstanding the requirements of subparagraph (A), 
     a contractor shall not be required to provide a right of 
     first refusal of employment to an employee employed under the 
     predecessor contract if--
       ``(i) the contractor reasonably believes, based on the past 
     performance of the employee under the predecessor contract, 
     that the employee is unable to perform the work suitably 
     under the successor contract; or
       ``(ii) if such action would require the contractor to lay 
     off or discharge an employee who has worked continuously for 
     the contractor for not less than the 60-day period 
     immediately preceding the commencement of the successor 
     contract.
       ``(C) A contractor satisfies the requirement under 
     subparagraph (A) to provide employees under the predecessor 
     contract with a right of first refusal of employment under a 
     successor contract on the basis of seniority if the 
     contractor provides such right first to the most senior 
     employees and then to the other employees on the basis of 
     descending order of seniority until all of the positions of 
     employment are filled or all employees under the predecessor 
     contract have exercised the right, whichever occurs first. 
     Seniority shall be determined on the basis of length of 
     service under the predecessor contract and each contract, if 
     any, that preceded the predecessor contract.
       ``(D) In subparagraph (A), the term `contractor', with 
     respect to a successor contract, includes a subcontractor 
     performing the obligations of the contractor under such 
     contract.
       ``(3) The Secretary shall issue an order against any 
     contractor or subcontractor under a successor contract who 
     fails to hire an individual in accordance with this 
     subsection. The order shall require the contractor or 
     subcontractor to hire any individual whom the contractor or 
     subcontractor has unlawfully failed to hire and to compensate 
     the individual for any wages and fringe benefits that the 
     individual would have received if the individual would have 
     been hired by the contractor or subcontractor. Any amount 
     that the Secretary determines is owed to an individual by a 
     contractor or subcontractor under this paragraph may be 
     withheld from any accrued payment due on the successor 
     contract or any other contact between the contractor and the 
     Federal Government.
       ``(5)(A) This subsection shall not apply to contracts 
     awarded pursuant to the Javits-Wagner-O'Day Act, or under 
     which services are provided to the Federal Government on an 
     intermittent basis.
       ``(B) In subparagraph (A), the term `Javits-Wagner-O'Day 
     Act' means the Act entitled `An Act to create a Committee on 
     Purchases of Blind-made Products, and for other purposes', 
     approved June 25, 1938 (41 U.S.C. 46-48c), commonly referred 
     to as the Wagner-O'Day Act, that was revised and reenacted in 
     the Act of June 23, 1971 (85 Stat. 77), commonly referred to 
     as the Javits-Wagner-O'Day Act.''.
                      TITLE II--EMPLOYEE BENEFITS

     SEC. 201. FAMILY AND MEDICAL LEAVE.

       Section 101(2)(A) of the Family and Medical Leave Act (29 
     U.S.C. 2611(2)(A)) is amended--
       (1) by striking ``at least 12 months'' and inserting ``at 
     least 3 months''; and
       (2) by striking ``at least 1,250 hours of service with such 
     employer during the previous 12-month period'' and inserting 
     ``at least 125 hours of service with such employer during the 
     previous 3-month period''.

     SEC. 202. RETIREMENT AND HEALTH CARE BENEFITS.

       (a) Treatment of Employees Working at Less Than Full-Time 
     Under Participation, Vesting, and Accrual Rules Governing 
     Pension Plans.--
       (1) Participation rules.--
       (A) In general.--Section 202(a)(3) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1052(a)(3)) 
     is amended by adding at the end the following new 
     subparagraph:
       ``(E)(i) For purposes of this paragraph, in the case of any 
     employee who, as of the beginning of the 12-month period 
     referred to in subparagraph (A)--
       ``(I) has customarily completed 500 or more hours of 
     service per year but less than 1,000 hours of service per 
     year, or
       ``(II) is employed in a type of position in which 
     employment customarily constitutes 500 or more hours of 
     service per year but less than 1,000 hours of service per 
     year,

     completion of 500 hours of service within such 12-month 
     period shall be treated as completion of 1,000 hours of 
     service.
       ``(ii) For purposes of this subparagraph, the extent to 
     which employment in any type of position customarily 
     constitutes less than 1,000 hours of service per year shall 
     be determined with respect to each pension plan in accordance 
     with such regulations as the Secretary shall prescribe 
     providing for consideration of facts and circumstances 
     peculiar to the workforce constituting the participants in 
     such plan.''.
       (B) Conforming amendment.--Section 204(b)(1)(E) of such Act 
     (29 U.S.C. 1054(b)(1)(E)) is amended by striking ``section 
     202(a)(3)(A)'' and inserting ``subparagraphs (A) and (E) of 
     section 202(a)(3)''.
       (2) Vesting rules.--
       (A) In general.--Section 203(b)(2) of such Act (29 U.S.C. 
     1053(b)(2)) is amended by adding at the end the following new 
     subparagraph:
       ``(E)(i) For purposes of this paragraph, in the case of any 
     employee who, as of the beginning of the period designated by 
     the plan pursuant to subparagraph (A)--
       ``(I) has customarily completed 500 or more hours of 
     service per year but less than 1,000 hours of service per 
     year, or
       ``(II) is employed in a type of position in which 
     employment customarily constitutes 500 or more hours of 
     service per year but less than 1,000 hours of service per 
     year,

     completion of 500 hours of service within such period shall 
     be treated as completion of 1,000 hours of service.
       ``(ii) For purposes of this subparagraph, the extent to 
     which employment in any type of position customarily 
     constitutes less than 1,000 hours of service per year shall 
     be determined with respect to each pension plan in accordance 
     with such regulations as the Secretary shall prescribe 
     providing for consideration of facts and circumstances 
     peculiar to the workforce constituting the participants in 
     such plan.''.
       (B) 1-year breaks in service.--Section 203(b)(3) of such 
     Act (29 U.S.C. 1053(b)(3)) is amended by adding at the end 
     the following new subparagraph:
       ``(F)(i) For purposes of this paragraph, in the case of any 
     employee who, as of the beginning of the period designated by 
     the plan pursuant to subparagraph (A)--
       ``(I) has customarily completed 500 or more hours of 
     service per year but less than 1,000 hours of service per 
     year, or
       ``(II) is employed in a type of position in which 
     employment customarily constitutes 500 or more hours of 
     service per year but less than 1,000 hours of service per 
     year,

     completion of 250 hours of service within such period shall 
     be treated as completion of 500 hours of service.
       ``(ii) For purposes of this subparagraph, the extent to 
     which employment in any type of position customarily 
     constitutes less than 1,000 hours of service per year shall 
     be determined with respect to each pension plan in accordance 
     with such regulations as the Secretary shall prescribe 
     providing for consideration of facts and circumstances 
     peculiar to the workforce constituting the participants in 
     such plan.''.
       (3) Accrual rules.--Section 204(b)(4)(C) of such Act (29 
     U.S.C. 1054(b)(4)(C)) is amended--
       (A) by inserting ``(i)'' after ``(C)''; and
       (B) by adding at the end the following new clauses:
       ``(ii) For purposes of this subparagraph, in the case of 
     any employee who, as of the beginning of the period 
     designated by the plan pursuant to clause (i)--
       ``(I) has customarily completed 500 or more hours of 
     service per year but less than 1,000 hours of service per 
     year, or
       ``(II) is employed in a type of position in which 
     employment customarily constitutes 500 or more hours of 
     service per year but less than 1,000 hours of service per 
     year,
     completion of 500 hours of service within such period shall 
     be treated as completion of 1,000 hours of service.
       ``(iii) For purposes of clause (ii), the extent to which 
     employment in any type of position customarily constitutes 
     less than 1,000 hours of service per year shall be determined 
     with respect to each pension plan in accordance with such 
     regulations as the Secretary shall prescribe providing for 
     consideration of facts and circumstances peculiar to the 
     workforce constituting the participants in such plan.''.
       (b) Treatment of Employees Working at Less Than Full-Time 
     Under Group Health Plans.
       (1) In general.--Part 2 of subtitle B of title I of such 
     Act is amended--
       (A) by redesignating section 211 (29 U.S.C. 1061) as 
     section 212; and
       (B) by inserting after section 210 (29 U.S.C. 1060) the 
     following new section:


       ``treatment of part-time workers under group health plans

       ``Sec. 211. (a) In General.--A reduction in the employer-
     provided premium under a group health plan with respect to 
     any employee for any period of coverage solely because the 
     employee's customary employment is less than full-time may be 
     provided under such plan only if the employee is described in 
     subsection (b) and only to the extent permitted under 
     subsection (c).
       ``(b) Reductions Applicable to Employees Working Less Than 
     Full-Time.--
       ``(1) In general.--An employee is described in this 
     subsection if such employee, as of the beginning of the 
     period of coverage referred to in subsection (a)--
       ``(A) has customarily completed less than 30 hours of 
     service per week, or
       ``(B) is employed in a type of position in which employment 
     customarily constitutes less than 30 hours of service per 
     week.
       ``(2) Regulations.--For purposes of paragraph (1), whether 
     employment in any type of position customarily constitutes 
     less than 30 hours of service per week shall be determined 
     with respect to each group health plan in accordance with 
     such regulations as the Secretary shall prescribe providing 
     for consideration of facts and circumstances peculiar to the 
     workforce constituting the participants in such plan.
       ``(c) Amount of Permissible Reduction.--The employer-
     provided premium under a group health plan with respect to 
     any employee for any period of coverage, after the reduction 
     permitted under subsection (a), shall not be less than a 
     ratable portion of the employer-provided premium which would 
     be provided under such plan for such period of coverage with 
     respect to an employee who completes 30 hours of service per 
     week.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Group health plan.--The term `group health plan' has 
     the meaning provided such term in section 607(1).
       ``(2) Employer-provided premium.--
       ``(A) In general.--The term `employer-provided premium' 
     under a plan for any period of coverage means the portion of 
     the applicable premium under the plan for such period of 
     coverage which is attributable under the plan to employer 
     contributions.
       ``(B) Applicable premium.--For purposes of subparagraph 
     (A), in determining the applicable premium of a group health 
     plan, principles similar to the principles applicable under 
     section 604 shall apply.''.
       (2) Conforming amendments.--
       (A) Section 201(1) of such Act (29 U.S.C. 1051(1)) is 
     amended by inserting ``, except with respect to section 211'' 
     before the semicolon.
       (B) The table of contents in section 1 of such Act is 
     amended by striking the item relating to section 211 and 
     inserting the following new items:

``Sec. 211. Treatment of part-time workers under group health plans.
``Sec. 212. Effective date.''.

       (c) Expansion of Definition of Employee To Include Certain 
     Individuals Whose Services Are Leased or Contracted for.--
     Paragraph (6) of section 3 of such Act (29 U.S.C. 1002(6)) is 
     amended--
       (1) by inserting ``(A)'' after ``(6)''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Such term includes, with respect to any employer, any 
     person who is not an employee (within the meaning of 
     subparagraph (A)) of such employer and who provides services 
     to such employer, if--
       ``(i) such person has (pursuant to an agreement with such 
     employer or any other person) performed such services for 
     such employer (or for such employer and related persons 
     (within the meaning of section 144(a)(3) of the Internal 
     Revenue Code of 1986)) for a period of at least 1 year (6 
     months in the case of core health benefits) at the rate of at 
     least 500 hours of service per year, and
       ``(ii) such services are of a type historically performed, 
     in the business field of the employer, by employees (within 
     the meaning of subparagraph (A)).''.
       (d) Effective Dates.
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply with respect to 
     plan years beginning on or after January 1, 1995.
       (2) Special rule for collectively bargained plans.--In the 
     case of a plan maintained pursuant to 1 or more collective 
     bargaining agreements between employee representatives and 1 
     or more employers ratified on or before the date of the 
     enactment of this Act, paragraph (1) shall be applied to 
     benefits pursuant to, and individuals covered by, any such 
     agreement by substituting for ``January 1, 1995'' the date of 
     the commencement of the first plan year beginning on or after 
     the earlier of--
       (A) the later of--
       (i) January 1, 1995, or
       (ii) the date on which the last of such collective 
     bargaining agreements terminates (determined without regard 
     to any extension thereof after the date of the enactment of 
     this Act), or
       (B) January 1, 1997.
       (3) Plan amendments.--If any amendment made by this section 
     requires an amendment to any plan, such plan amendment shall 
     not be required to be made before the first plan year 
     beginning on or after January 1, 1996, if--
       (A) during the period after such amendment made by this 
     section takes effect and before such first plan year, the 
     plan is operated in accordance with the requirements of such 
     amendment made by this section, and
       (B) such plan amendment applies retroactively to the period 
     after such amendment made by this section takes effect and 
     such first plan year.

     A plan shall not be treated as failing to provide definitely 
     determinable benefits or contributions, or to be operated in 
     accordance with the provisions of the plan, merely because it 
     operates in accordance with this paragraph.

     SEC. 203. PENSION PORTABILITY.

       (a) Requirement of Portable Pension Accounts.--
       (1) In general.--Part 2 of subtitle B of title I of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1051 et seq.) is amended by inserting after section 205 the 
     following new section:

     ``SEC. 205A. PORTABILITY REQUIREMENTS FOR DEFINED 
                   CONTRIBUTION PLANS.

       ``(a) Direct Transfers.--
       ``(1) In general.--Each defined contribution plan shall, at 
     the election of an employee upon separation from service, 
     make a direct trustee-to-trustee transfer of the portion of 
     the employee's eligible amount specified in the election to a 
     portable pension account specified in the election which--
       ``(A) is maintained by a qualified pension plan which 
     agrees to accept the transfer, or
       ``(B) is established by the individual on the individual's 
     own behalf.
       ``(2) Time for transfer.--The transfer under paragraph (1) 
     shall be made no later than 60 days after the date of the 
     employee's separation from service.
       ``(b) Portable Pension Accounts.--For purposes of this 
     section--
       ``(1) In general.--The term `portable pension account' 
     means--
       ``(A) in the case of a qualified pension plan, an 
     individual account plan, an individual account within the 
     plan, or simplified employee pension under section 408(k) of 
     the Internal Revenue Code of 1986 meeting the requirements of 
     the following paragraphs of this subsection, and
       ``(B) in the case of an individual, an individual 
     retirement plan meeting such requirements.
       ``(2) Distribution requirements.--
       ``(A) In general.--The requirements of this paragraph are 
     met if distributions from the account--
       ``(i) may only be made in a permitted retirement income 
     form, and
       ``(ii) may only be made with the consent of the 
     participant.
       ``(B) Permitted retirement income form.--For purposes of 
     subparagraph (A), a permitted retirement income form is as 
     follows:
       ``(i) A qualified joint and survivor annuity (within the 
     meaning of section 205(d)).
       ``(ii) Any other joint life annuity (including a cash 
     refund annuity).
       ``(iii) A single life annuity (including a cash refund 
     annuity).
       ``(iv) Any series of substantially equal periodic payments 
     described in section 72(t)(2)(A)(iv) of the Internal Revenue 
     Code of 1986 which are not part of an annuity described in 
     the preceding clauses.
       ``(3) Spousal consent.--The requirements of this paragraph 
     shall not be met unless the account provides that any 
     election as to form of benefit must meet spousal consent 
     requirements which are identical to the requirements of 
     section 205(c)(2).
       ``(c) Eligible Amount.--For purposes of this section, the 
     term `eligible amount' means, with respect to any 
     participant, the balance to the credit of the participant as 
     of the date of the distribution, including interest on such 
     balance through the date of the distribution.
       ``(d) Other Definitions and Rules.--For purposes of this 
     section--
       ``(1) Qualified plan.--The term `qualified plan' means--
       ``(A) a plan described in section 401(a) of the Internal 
     Revenue Code of 1986 which includes a trust which is exempt 
     from tax under section 501(a) of such Code,
       ``(B) an annuity plan described in section 403(a) of such 
     Code, and
       ``(C) an annuity contract described in section 403(b) of 
     such Code.
       ``(2) Individual retirement plan.--The term `individual 
     retirement plan' means--
       ``(A) an individual retirement account described in section 
     408(a) of such Code, and
       ``(B) an individual retirement annuity described in section 
     408(b) of such Code.
       ``(3) Beneficiaries or alternate payees.--In the case of an 
     individual who is a beneficiary of the participant or an 
     alternate payee (within the meaning of section 206(d)(3)(K)) 
     under a plan, such individual shall be treated in the same 
     manner as if a participant in the plan.''
       (2) Conforming amendments.--
       (A) Section 204(g)(2) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1054(g)(2)) is amended by 
     adding at the end the following new sentence: ``Except as 
     otherwise provided in regulations of the Secretary of Labor 
     and the Secretary of the Treasury, the requirements of 
     subparagraph (B) shall not be treated as violated in the case 
     of a direct trustee-to-trustee transfer described in section 
     205A.''
       (B) Section 204(d) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1054(d)) is amended--
       (i) in paragraph (1), by striking ``or'',
       (ii) in paragraph (2), by striking the period and inserting 
     ``, or'', and
       (iii) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) a direct trustee-to-trustee transfer described in 
     section 205A.''
       (C) The table of contents for part 2 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 is 
     amended by inserting after the item relating to section 205 
     the following new item:

``Sec. 205A. Portability requirements for defined contribution plans.''

       (b) Reciprocity Agreements between Industry and Labor 
     Funds.--
       (1) Establishment.--The Secretary of Labor shall establish 
     standards for plans maintained pursuant to collective 
     bargaining agreements between employers and employee 
     representatives which provide that 2 or more of the plans may 
     enter into agreements under which--
       (A) the plans would maintain portable pension accounts 
     described in section 205A of the Employee Retirement Income 
     Security Act of 1974 (as added by section 121) for employees 
     who terminate employment covered by 1 plan and begin 
     employment covered by another, or
       (B) the plans would make arrangements for employees to 
     transfer accrued benefits and vesting rights from one plan to 
     another.
       (2) Standards made available.--The Secretary of Labor shall 
     make any standards developed under paragraph (1) available to 
     employers and employee representatives.
       (c) Inflation Adjustment for Deferred Vested Benefits.--
       (1) In general.--Section 203 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1053) is amended by 
     adding at the end the following new subsection:
       ``(f) Deferred Nonforfeitable Benefits.--If an employee's 
     participation in a plan is terminated before the date the 
     employee is eligible for payment of an immediate annuity 
     under the plan--
       ``(1) subsection (e) shall not apply, and
       ``(2) the plan shall provide that the employee may elect--
       ``(A) to have the plan immediately distribute the present 
     value (using the interest rate specified by the Secretary) of 
     the employee's nonforfeitable benefit, or
       ``(B) to have the plan provide inflation adjustments (at 
     the rates specified by the Secretary) to such benefit during 
     the period beginning with the date of separation and ending 
     with the date an annuity is first payable.''
       (2) Accrued benefit.--Section 204(d) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1054(d)) is 
     amended by adding at the end the following new sentence: ``An 
     employee's accrued benefit under a plan shall be increased by 
     any inflation adjustment under section 203(f)(2)(B).''

     SEC. 204. UNEMPLOYMENT COMPENSATION.

       (a) Part-Time Employees; Independent Contractors.--
     Subsection (a) of section 3304 of the Internal Revenue Code 
     of 1986 (relating to requirements for approval of State 
     unemployment compensation laws) is amended by striking 
     ``and'' at the end of paragraph (17), by redesignating 
     paragraph (18) as paragraph (20), and by inserting after 
     paragraph (17) the following new paragraphs:
       ``(18) in applying the State law provisions relating to 
     availability for work, active search for work, or refusal to 
     accept work, to an individual seeking part-time employment, 
     the term `suitable work' shall not include any work where the 
     individual would normally perform services for more hours per 
     week than the number of hours per week for which the 
     individual is available, if the individual demonstrates good 
     cause for the individual's limited availability and such 
     limitation does not substantially impair the individual's 
     current attachment to the labor force;
       ``(19) the determination of whether an individual is an 
     employee of another person shall be made in accordance with 
     section 3306(i); and''.
       (b) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on November 
     1, 1995.
       (2) Special rule.--In the case of any State the legislature 
     of which has not been in session for at least 30 calendar 
     days (whether or not successive) between the date of the 
     enactment of this Act and November 1, 1995, the amendments 
     made by this section shall take effect 30 calendar days after 
     the 1st day on which such legislature is in session on or 
     after November 1, 1995.
  TITLE III--MISCLASSIFICATION OF EMPLOYEES AS INDEPENDENT CONTRACTORS

     SEC. 301. INTERNAL REVENUE SERVICE PROCEDURES.

       (a) Waiver of Employment Tax Liability for Reasonable Good 
     Faith Misclassification Based on Common Law Rules.--Section 
     3509 of the Internal Revenue Code of 1986 (relating to 
     determination of employer's liability for certain employment 
     taxes) is amended by adding at the end the following new 
     subsection:
       ``(e) Waiver of Employment Tax Liability for Reasonable 
     Good Faith Misclassification Based on Common Law Rules.--
       ``(1) In general.--For purposes of determining the 
     liability of any taxpayer for employment taxes with respect 
     to any individual for any period, such individual shall be 
     deemed not to have been an employee of the taxpayer for such 
     period if--
       ``(A) the taxpayer did not treat such individual as an 
     employee for purposes of the employment taxes for such 
     period,
       ``(B) the taxpayer's treatment of such individual as not 
     being an employee was based on a reasonable good faith 
     misapplication of the common law rules used for determining 
     the employer-employee relationship,
       ``(C) all Federal tax returns (including information 
     returns) required to be filed by the taxpayer with respect to 
     such individual for such period were filed on a basis 
     consistent with the taxpayer's treatment of such individual 
     as not being an employee,
       ``(D) the taxpayer (and any predecessor) did not treat any 
     other individual holding a substantially similar position as 
     an employee for purposes of the employment taxes for any 
     period beginning after December 31, 1977, and
       ``(E) the taxpayer enters into a closing agreement under 
     section 7121 with the Secretary (in the time and manner 
     determined by the Secretary) agreeing to treat such 
     individual, and any other individual holding a substantially 
     similar position, as employees and to file all Federal 
     employment tax returns with respect to such individuals on a 
     basis consistent with the taxpayer's treatment of such 
     individuals as employees.
       ``(2) Definitions and special rules.--
       ``(A) Employment tax.--For purposes of this subsection, the 
     term `employment tax' means any tax imposed by subtitle C, 
     including any interest, penalty, or additional amount with 
     respect to such tax.
       ``(B) No refund or credit of overpayment.--No refund or 
     credit of any overpayment of an employment tax resulting from 
     the application of paragraph (1) shall be allowed, 
     notwithstanding that the period for filing a claim for refund 
     or credit of such overpayment is not barred on the effective 
     date of this subsection.''
       (b) Modifications to Safe Harbor for Classifications of 
     Individuals as Nonemployees.--
       (1) Requirement of reasonable basis.--Paragraph (1) of 
     section 530(a) of the Revenue Act of 1978 (relating to 
     controversies involving whether individuals are employees for 
     purposes of the employment taxes) is amended by striking 
     ``unless the taxpayer had no reasonable basis'' and inserting 
     the following: ``if the taxpayer had a reasonable basis''.
       (2) Repeal of prior audit as reasonable basis, etc.--
     Paragraph (2) of section 530(a) of the Revenue Act of 1978 is 
     amended--
       (A) by striking the paragraph caption and inserting the 
     following: ``Reasonable basis for not treating individual as 
     employee.--'',
       (B) in the matter preceding subparagraph (A)--
       (i) by striking ``in any case'', and
       (ii) by inserting ``only'' before ``if the taxpayer's'',
       (C) by adding ``or'' at the end of subparagraph (A), and
       (D) by striking subparagraph (B) and by redesignating 
     subparagraph (C) as subparagraph (B).
       (c) Authority for Regulations and Rulings on Employment 
     Status.--Section 530 of the Revenue Act of 1978 is amended by 
     striking subsection (b) and by redesignating subsections (c) 
     and (d) as subsections (b) and (c), respectively.
       (d) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     take effect beginning on the date which is 120 days after the 
     date of the enactment of this Act.
       (2) Modifications to safe harbor.--The amendments made by 
     subsection (b) shall apply to periods ending on or after the 
     date which is 120 days after the date of the enactment of 
     this Act.

     SEC. 302. FEDERAL CONTRACTS.

       (a) Classification of Persons as Employees and Independent 
     Contractors Under Certain Procurement Contracts.--(1) Title 
     III of the Federal Property and Administrative Services Act 
     of 1949 (41 U.S.C. 251 et seq.) is amended by adding at the 
     end the following new section:

     ``SEC. 312. CLASSIFICATION OF PERSONS AS EMPLOYEES AND 
                   INDEPENDENT CONTRACTORS.

       ``(a) Ineligibility for Government Contracts and 
     Subcontracts.--(1) A person (including any subsidiary, 
     successor, or related entity of a person) shall not be 
     eligible for a contract during the 2-year period beginning on 
     the date of the issuance of any final determination under 
     Federal law that the person (including any subsidiary or 
     related entity of the person) willfully misclassified an 
     individual for purposes of any employment tax.
       ``(2) For purposes of this subsection, a determination is 
     final if all rights to appeal the determination, or to 
     request a review, rehearing, or redetermination of the matter 
     that is the subject of the determination, have been exhausted 
     or have lapsed.
       ``(b) Certification of Adequacy of Bids to Pay Employment 
     Taxes.--A person who submits a bid or proposal for a contract 
     shall certify that the amount of the bid or proposal is 
     adequate to pay all employment taxes with respect to all work 
     to be performed under the contract by employees of the 
     person.
       ``(c) Notification of Independent Contractors.--Each 
     contract shall include a requirement that the contractor 
     provide, to each person who performs work under the contract 
     and who is treated by the contractor as an independent 
     contractor for purposes of employment taxes, a notification 
     regarding--
       ``(1) all obligations of the independent contractor under 
     Federal and State law to withhold and pay employment taxes 
     with respect to work performed under the contract by the 
     independent contractor (including work performed by employees 
     of the independent contractor); and
       ``(2) all statutory rights and protections that are 
     available under Federal and State law to employees of the 
     contractor and are not available to the independent 
     contractor (including employees of the independent 
     contractor), including rights and protections under the Fair 
     Labor Standards Act of 1938, the Occupational Safety and 
     Health Act of 1978, and title VII of the Civil Rights Act of 
     1964.
       ``(d) Right of Action.--A person who submits a bid or 
     proposal for a contract and who suffers damages as a result 
     of the award of the contract to a person who knowingly and 
     willfully submits a certification under subsection (b) with 
     respect to the contract that is false, may bring an action 
     for damages against the person awarded the contract in any 
     district court of the United States in which the defendant is 
     located.
       ``(e) Definitions.--As used in this section:
       ``(1) The term `employment tax' means any tax imposed by 
     subtitle C of the Internal Revenue Code of 1986.
       ``(2) The term `contract' means a contract that is entered 
     into by an executive agency under this title, and all 
     subcontracts under such a contract.
       ``(3) The term `misclassify' means to treat as an 
     independent contractor an individual who is an employee.''.
       (2) The table of contents in the first section of the 
     Federal Property and Administrative Services Act of 1949 is 
     amended by inserting after the item relating to the last 
     section in title III the following new item:

``Sec. 312. Classification of persons as employees and independent 
              contractors.''.

       (b) Applicability.--Section 312 of the Federal Property and 
     Administrative Services Act of 1949, as added by subsection 
     (a), shall apply to--
       (1) contracts entered into under title III of such Act 
     after the expiration of the 180-day period beginning on the 
     date of the enactment of this Act;
       (2) subcontracts under contracts covered by paragraph (1); 
     and
       (3) options exercised under any such contract after the 
     expiration of the 180-day period beginning on the date of the 
     enactment of this Act.

     SEC. 303. DEFENSE CONTRACTS.

       (a) Classification of Persons as Employees and Independent 
     Contractors Under Defense Contracts.--(1) Chapter 141 of 
     title 10, United States Code, is amended by inserting after 
     section 2393 the following new section:

     ``Sec. 2393a. Classification of persons as employees and 
       independent contractors

       ``(a) Ineligibility for Defense Contracts and 
     Subcontracts.--(1) A person (including any subsidiary, 
     successor, or related entity of a person) shall not be 
     eligible for a contract during the 2-year period beginning on 
     the date of the issuance of any final determination under 
     Federal law that the person (including any subsidiary or 
     related entity of the person) willfully misclassified an 
     individual for purposes of any employment tax.
       ``(2) For purposes of this subsection, a determination is 
     final if all rights to appeal the determination, or to 
     request a review, rehearing, or redetermination of the matter 
     that is the subject of the determination, have been exhausted 
     or have lapsed.
       ``(b) Certification of Adequacy of Bids to Pay Employment 
     Taxes.--A person who submits a bid or proposal for a contract 
     shall certify that the amount of the bid or proposal is 
     adequate to pay all employment taxes with respect to all work 
     to be performed under the contract by employees of the 
     person.
       ``(c) Notification of Independent Contractors.--Each 
     contract shall include a requirement that the contractor 
     shall provide, to each person who performs work under the 
     contract and who is treated by the contractor as an 
     independent contractor for purposes of employment taxes, a 
     notification regarding--
       ``(1) all obligations of the independent contractor under 
     Federal and State law to withhold and pay employment taxes 
     with respect to work performed under the contract by the 
     independent contractor (including work performed by employees 
     of the independent contractor); and
       ``(2) all statutory rights and protections that are 
     available under Federal and State law to employees of the 
     contractor and are not available to the independent 
     contractor (including employees of the independent 
     contractor), including rights and protections under the Fair 
     Labor Standards Act of 1938, the Occupational Safety and 
     Health Act of 1978, and title VII of the Civil Rights Act of 
     1964.
       ``(d) Right of Action.--A person who submits a bid or 
     proposal for a contract and who suffers damages as a result 
     of the award of the contract to a person who knowingly and 
     willfully submits a certification under subsection (b) with 
     respect to the contract that is false, may bring an action 
     for damages against the person awarded the contract in any 
     district court of the United States in which the defendant is 
     located.
       ``(e) Applicability.--This section applies to contracts 
     entered into under chapter 137 of this title.
       ``(f) Definitions.--In this section:
       ``(1) The term `employment tax' means any tax imposed by 
     subtitle C of the Internal Revenue Code of 1986.
       ``(2) The term `contract' includes subcontracts.
       ``(3) The term `misclassify' means to treat as an 
     independent contractor an individual who is an employee.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``2393a. Classification of persons as employees and independent 
              contractors.''.

       (b) Applicability.--Section 2393a of title 10, United 
     States Code, as added by subsection (a), shall apply to--
       (1) contracts entered into under chapter 137 of title 10, 
     United States Code, after the expiration of the 180-day 
     period beginning on the date of the enactment of this Act;
       (2) subcontracts under contracts covered by paragraph (1); 
     and
       (3) options exercised under any such contract after the 
     expiration of the 180-day period beginning on the date of the 
     enactment of this Act.
                 TITLE IV--FEDERAL TEMPORARY EMPLOYEES

     SEC. 401. LIMITATION ON TEMPORARY EMPLOYMENT.

       It is the sense of Congress that--
       (1) the Federal Government has appointed and maintained 
     employees in temporary positions that are not appropriate for 
     temporary appointments, both by virtue of the type of work 
     and the extended lengths of service in some cases;
       (2) when a vacancy occurs in a position that was filled 
     continuously by a temporary employee in the year preceding 
     the vacancy, the Federal Government should not fill such 
     vacancy with a temporary employee, regardless of whether the 
     individual previously employed would refill such position;
       (3) when a vacancy occurs in a position as described under 
     paragraph (2), the Federal Government should not establish a 
     successor position and fill it with a temporary employee; and
       (4) when a vacancy occurs in a position that was filled 
     continuously by a temporary employee in the year preceding 
     the vacancy, and the Federal Government determines there is a 
     need for the services performed in such position, the Federal 
     Government should establish a permanent or term position to 
     fill such need whenever feasible.

     SEC. 402. HEALTH BENEFITS.

       (a) Elimination of Service Requirement and Employee Payment 
     of Government Contribution.--Section 8906a of title 5, United 
     States Code, is amended to read as follows:

     ``Sec. 8906a. Temporary employees

       ``The Office of Personnel Management shall prescribe 
     regulations to provide for offering health benefits plans to 
     temporary employees under the provisions of this chapter.''.
       (b) Inclusion of Temporary Employees.--Section 8913(b) of 
     title 5, United States Code, is amended--
       (1) in the second sentence by striking out ``, such as 
     short-term appointment, seasonal or intermittent employment, 
     and employment of like nature''; and
       (2) in paragraph (4) by striking out ``and is eligible 
     under section 8906a(a)''.

     SEC. 403. RETIREMENT BENEFITS.

       (a) Inclusion of Certain Temporary Employees Under Civil 
     Service Retirement System.--The second sentence of section 
     8347(g) of title 5, United States Code, is amended by 
     inserting before the period ``or any temporary employee who, 
     in the aggregate, has completed 5 years of service (in the 
     same or different positions), including service as a 
     temporary employee.''.
       (b) Inclusion of Certain Temporary Employees Under Federal 
     Employees Retirement System.--Section 8402(c)(1) of title 5, 
     United States Code, is amended by inserting before the period 
     ``or any temporary employee who, in the aggregate, has 
     completed 5 years of service (in the same or different 
     positions), including service as a temporary employee''.
       (c) Creditability of Service.--In administering the 
     amendments made under this section, service may be taken into 
     account whether performed before, on, or after the date of 
     the enactment of this Act, for all purposes of chapters 83 
     and 84 of title 5, United States Code (including employee and 
     Government contributions relating to such service and the 
     computation of annuities). An employee shall have service as 
     a temporary employee (which would otherwise be excluded 
     except for the amendments made under subsections (a) and (b) 
     and for which no employee contributions have been made) used 
     for the computation of an annuity under chapters 83 and 84 of 
     title 5, United States Code (as amended by this Act) if the 
     employee deposits such contributions (including interest) as 
     determined by the Office of Personnel Management relating to 
     such service into the Civil Service Retirement and Disability 
     Fund. All appropriate employing agencies shall pay the 
     applicable contributions into the Civil Service Retirement 
     and Disability Fund. The Office of Personnel Management shall 
     prescribe regulations to carry out the provisions of this 
     subsection.

     SEC. 404. LIFE INSURANCE BENEFITS.

       Section 8716(b) of title 5, United States Code, is 
     amended--
       (1) in the second sentence, by striking out ``, such as 
     short-term appointment, seasonal, intermittent employment, 
     and employment of like nature'';
       (2) in paragraph (2) by striking out ``or'' after the 
     semicolon;
       (3) in paragraph (3) by striking out the period and 
     inserting in lieu thereof ``; or''; and
       (4) by adding at the end thereof the following:
       ``(4) a temporary employee who has completed 6 months of 
     current continuous employment (in the same position or 
     different positions), including service as a temporary 
     employee, excluding any break in service of 5 days or 
     less.''.
                                  ____


  S. 2504, The Contingent Workforce Equity Act--Summary of Provisions


                      TITLE I. WORKER PROTECTIONS

       Section 101. Minimum Wage. Raise the minimum wage to make 
     up for lost real value since 1978, and index to allow 
     automatic increases in future to reflect inflation.
       Section 102. Equal Pay. Provide that contingent workers 
     must be paid at the same rate as full-time workers if they 
     perform the same work.
       Section 103. Civil Rights. Protect independent contractors 
     from discrimination based on gender, religion, age, and 
     disability (they are already protected against race 
     discrimination).
       Section 104. Collective Bargaining Rights. Include 
     contingent workers in otherwise appropriate bargaining units; 
     clarify joint employer rules to protect contingent workers.
       Section 105. Occupational Safety and Health. Clarify 
     employer's duty to protect all workers from hazards within 
     its control, not just its own employees.
       Section 106. Advance Notice of Layoffs and Plant Closings. 
     Extend WARN Act advance notice rights to part-time workers.
       Section 107. Contingent Workforce Survey. Direct BLS to 
     improve collection of data on contingent workforce.
       Section 108. Federal Service Contract Successorship. 
     Require federal service contract successors to provide a 
     right of first refusal to each qualified employee who was 
     employed under the previous contract, provided that (1) a 
     position still exists for that employee, and (2) such action 
     would not require the successor to discharge one of its own 
     employees.


                      TITLE II. EMPLOYEE BENEFITS

       Section 201. Family and Medical Leave. Drop FMLA coverage 
     threshold from 1250 hours annually to 500 hours, to protect 
     part-time workers.
       Section 202. Retirement and Health Care Benefits. Lower 
     ERISA coverage threshold from 1000 hours annually to 500 
     hours; allow part-time employees, leased employees and 
     independent contractors working 500 or more hours annually to 
     accrue pensions under employer-sponsored plans; allow part-
     time employees to receive pro-rated health benefits under 
     employer-sponsored plans.
       Section 203. Pension Portability. Allow departing employees 
     to transfer pensions when changing jobs or convert their 
     value to individual retirement accounts or annuities; direct 
     DOL to develop standards for reciprocity among pension plans;
       Section 204. Unemployment Compensation. Amend Internal 
     Revenue Code to require states to provide unemployment 
     compensation to part-time employees who are unable to take 
     full-time jobs.


  title iii. misclassification of employees as independent contractors

       Section 301. Internal Revenue Service Procedures. Limits 
     IRS ability to waive employer tax liability for 
     misclassifying employees as independent contractors; employer 
     must have acted with reasonable good faith, treated all 
     similarly-situated individuals as independent contractors, 
     and agreed to treat affected workers as employees in future.
       Section 302. Federal Contracts. Impose 2-year ban on 
     federal contracts for employers who willfully misclassify 
     employees as independent contractors; require federal 
     contractors to notify all independent contractors performing 
     services for them of their legal rights and obligations as 
     independent contractors; grants federal contract bidders a 
     right of action against bidders who misclassify employees as 
     independent contractors.
       Section 303. Defense Contracts. Impose 2-year ban on 
     defense contracts for employers who willfully misclassify 
     employees as independent contractors; require defense 
     contractors to notify all independent contractors performing 
     services for them of their legal rights and obligations as 
     independent contractors; grants defense contract bidders a 
     right of action against bidders who misclassify employees as 
     independent contractors.


                 title iv. federal temporary employees

       Section 401. Limitation on Temporary Employment. Adopt 
     sense of Congress that federal government should limit 
     positions designated as ``temporary'' to those lasting a 
     maximum of one year.
       Section 402. Health Benefits. Allows temporary federal 
     employees to receive same health benefits as those provided 
     to full-time federal workers.
       Section 403. Retirement Benefits. Allows federal employees 
     in temporary assignments to participate in federal employees 
     retirement system after five years of service.
       Section 404. Life Insurance Benefits. Allows temporary 
     federal employees, after completing six months of continuous 
     employment, to receive same life insurance benefits as full-
     time federal workers.
                                 ______

      By Mr. JOHNSTON:
  S. 2506. A bill entitled ``Wetlands Regulatory Reform Act of 1995''; 
to the Committee on Environment and Public Works.


               THE WETLANDS REGULATORY REFORM ACT OF 1995

 Mr. JOHNSTON. Mr. President, I am pleased today to introduce 
the Wetlands Regulatory Reform Act of 1995. This bill will reform the 
section 404 ``wetlands'' permitting program under the Clean Water Act 
by introducing balance, common sense, and reason to a Federal program 
that is causing unnecessary problems for my constituents--and I believe 
for many of our citizens around the Nation.
  I am introducing this legislation in the closing days of this 
Congress so that interested persons may review the legislation in the 
coming months and recommend improvements. My intent is to reintroduce 
this legislation early in the next Congress, with any modifications 
that seem appropriate, and to press vigorously for its enactment. 
Reforming this regulatory program will be one of my highest priorities 
in the coming Congress.
  Mr. President, the current section 404 regulatory program has been 
designed less by the elected representatives of the people in Congress 
than by officials of the Corps of Engineers and the Environmental 
Protection Agency and by Federal judges. In 1972, the Congress enacted 
the Federal Water Pollution Control Act. Section 404 of that act 
prohibited ``discharges of dredged or fill material'' into ``waters of 
the United States'' without a permit from the Secretary of the Army. At 
the time of passage, ``waters of the United States'' was thought to be 
limited to the navigable waters of the Nation.
  From this narrow beginning has come a rigid regulatory program that 
is devaluing property and preventing the construction of housing, the 
extension of airport runways, the construction of roads--often on lands 
that rarely have water on the surface but which, nevertheless, are 
viewed as ``wetlands'' within the definition of ``waters of the United 
States''. And I might add, Mr. President, that 75 percent of the land 
that is being regulated through the section 404 program as ``wetlands'' 
or ``waters of the United States'' is privately owned property.
  I do not believe that we, in Congress, intended for the section 404 
program to become a rigid, broad Federal land use program that affects 
primarily privately owned property. Yet, the evidence is clear to me 
that the section 404 program has become just that. Therefore, Mr. 
President, I believe that the time has come for the Congress to reform 
this program to focus Federal regulatory authority on those wetlands 
that are truly important functioning wetlands, to ensure that our 
citizens can obtain permits through a reasonable process within a 
reasonable period of time, and to ensure that this program is not 
denying people the use of their property unless there is an overriding 
reason to do so.
  Mr. President, the Wetlands Regulatory Reform Act of 1994 proposes 
several key changes to the current 404 program:
  First, this legislation will require that Federal jurisdictional 
wetlands be classified into three categories: high-, medium-, and low-
valued wetlands, based on the relative wetlands functions present. 
Today, the section 404 program regulates all wetlands equally rigidly, 
whether the wetlands is a pristine, high-value wetland or a wet spot in 
a field. This treatment of wetlands defies logic and common sense.
  My legislation will require the Corps of Engineers to classify 
wetlands based on their functions, and then regulate them accordingly. 
Class A--high-value--wetlands will be regulated under the current 
sequencing methodology, which first seeks to avoid adverse effects on 
wetlands, them attempts to minimize those adverse effects that cannot 
be avoided or minimized. Class B--medium-value--wetlands will be 
regulated under a balancing test, which does not require the avoidance 
step. Finally, Class C--low-value--wetlands will not be regulated by 
the Federal Government, but may be regulated by the States if they so 
choose.
  Second, this legislation removes the dual agency implementation of 
this program, an aspect of the program that is particularly confusing 
and troublesome to our constituents. Today, the Army Corps of Engineers 
issues section 404 permits, but the Environmental Protection Agency may 
veto the decision of the Corps to issue the permit. Although EPA 
actually exercises its veto power infrequently, I understand that veto 
is threatened often, causing undue delays and repeated multi-agency 
consultations. My legislation removes the EPA veto, and instead simply 
requires the Corps to consult with EPA before acting.
  Similarly, the EPA currently may veto permit decisions made by States 
that have assumed responsibility for the section 404 program. My bill 
deletes this authority as unnecessary interference with State 
administration of the program. If EPA determines that the State is not 
implementing the program appropriately, EPA has the authority, which my 
bill does not change, to withdraw approval of the State program and 
return the program to Federal hands. But as long as the State is in 
charge, its individual permit decisions should not be subject to veto 
from Washington.
  Third, mitigation banking is authorized and encouraged by the bill as 
a sound means to return wetlands functions to the environment. There 
are a number of mitigation banking projects now around the Nation. The 
experience with these projects is proving that mitigation banking holds 
great promise as a means of restoring, enhancing, reclaiming, and even 
creating wetlands to offset the wetlands disturbances that are 
permitted under the section 404 program. Mitigation banking is the type 
of market driven mechanism that I believe we must incorporate in our 
national environmental laws if we are to achieve our national 
environmental goals.
  Finally, this legislation will require that steps be taken to provide 
notice to our citizens regarding the location of Federal jurisdictional 
wetlands. Remarkably, Mr. President, the Federal Government is 
regulating over 100 million acres of land, over 75 million acres of 
which is privately owned, yet there are no maps posted to inform our 
citizens about the location of these lands. Perhaps this would not be a 
problem if Federal jurisdictional wetlands were only swamps, marshes, 
bogs and other such areas that are wet at the surface for a significant 
portion of the year. But land that is dry at the surface all year long 
can also be a Federal jurisdictional wetlands.
  Without maps and other notices, only the most highly trained 
technicians among our citizens can identify the subtle differences 
between lands that are not subject to the section 404 program and those 
that are. Thus, many people have bought land for home sites, only to 
find out later that they have bought a Federal jurisdictional wetland 
and cannot obtain a permit to build their house. We owe our citizens 
better than that.
  My legislation will require the Corps of Engineers to immediately 
post notices about the section 404 program near the property records in 
the courthouses around the Nation, and to post maps of Federal 
jurisdictional wetlands as those maps become available, including the 
National Wetlands Inventory maps that are being developed by the 
National Biological Survey.
  Mr. President, there are many other improvements of the current 
program in my legislation, including time limits on the issuance of 
section 404 permits, an administrative appeal process, the expansion of 
the program to cover drainage and excavation of wetlands, and the 
designation of the Soil Conservation Service to delineate wetlands on 
agricultural wetlands. The legislation I am introducing today is 
similar to the Comprehensive Wetlands Conservation and Management Act 
of 1993, H.R. 1330, which was introduced in the House of 
Representatives by my colleagues from Louisiana, Representative Hayes 
and Representative Tauzin. That bill has 170 cosponsors representing 
congressional districts in 40 states.
  However, my legislation varies from the House reform legislation in 
at least one important aspect. My legislation does not provide a 
mechanism for obtaining compensation from the Federal Government when 
private property is taken through the operation of the 404 program. I 
believe that the impact of the section 404 program on private property 
rights is a very important issue. However, rather than address the 
compensation issue at this time, I believe that it is preferable to 
include provisions in the legislation that will help ensure that the 
section 404 program does not result in takings of private property in 
the first place. Therefore, in addition to the many provisions of the 
bill that will make the wetlands program more balanced and rational, it 
also directs the Secretary of the Army and the Administrator of the 
Environmental Protection Agency to implement the program in a manner 
that minimizes the adverse effects on the use and value of privately 
owned property.
  I encourage all of my colleagues to review the legislation that I am 
introducing today. I look forward to working with my colleagues and 
others in an effort to find a consensus on the important issue of 
reforming the section 404 wetlands regulatory program so that the 
program will work both for the environment and for our constituents.
  Mr. President, I ask that the legislation be printed in its entirety 
in the Congressional Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2506

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Wetlands Regulatory Reform 
     Act of 1995''.

     SEC. 2. FINDINGS AND DECLARATION OF POLICIES AND GOALS

       (a) Findings.--The Congress finds that--
       (1) wetlands serve important ecological and natural 
     resource functions, such as providing essential nesting and 
     feeding habitat for waterfowl, other wildlife, and many rare 
     and endangered species, fisheries habitat, the enhancement of 
     water quality, and natural flood control;
       (2) much of the Nation's resource has sustained significant 
     degradation, resulting in the need for effective programs to 
     limit the loss of ecologically significant wetlands and to 
     provide for long-term restoration and enhancement of the 
     wetlands resource base; and
       (3) because 75 percent of the Nation's wetlands in the 
     lower forty-eight States are privately owned and because the 
     majority of the Nation's population lives in or near wetlands 
     areas, an effective wetlands conservation and management 
     program must reflect a balanced approach that conserves and 
     enhances ecologically significant wetlands functions while 
     respecting private property rights, recognizing the need for 
     essential public infrastructure, such as highways, utilities, 
     ports, airports, sewer system, and public water supply 
     systems, and the need to preserve strong local tax bases, and 
     providing the opportunity for sustained economic growth.
       (b) Declaration of Policies and Goals.--Section 101(a) (33 
     U.S.C. 1251(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(8) it is the national policy that the Federal wetlands 
     permitting program under Section 404 of the Federal Water 
     Pollution Control Act shall be implemented to 
     protect ecologically significant wetlands while avoiding 
     the diminishment of the use and value of privately-owned 
     property.''.

     SEC. 3. BALANCED IMPLEMENTATION OF PROGRAM TO CONSERVE 
                   WETLANDS WHILE PROTECTING PRIVATE PROPERTY 
                   RIGHTS.

       Section 404 (33) U.S.C. 1344) is amended by adding at the 
     end the following new subsection:
       ``(u) Balanced Implementation.--
       ``(1) In implementing their responsibilities under the 
     regulatory program under this section, the Secretary and the 
     Administrator shall balance the objective of conserving 
     functioning wetlands with the objective of ensuring continued 
     economic growth, providing essential infrastructure, 
     maintaining strong state and local tax bases, and protecting 
     against the diminishment of the use and value of privately-
     owned property.
       ``(2) In carrying out this section, the Secretary and the 
     Administrator and all other Federal agencies and officials of 
     the Federal government shall seek in all actions to minimize 
     the adverse effects of the regulatory program under this 
     section on the use and value of privately-owned property.''.

     SEC. 4 DEFINITION AND DELINEATION OF WETLANDS.--

       (a) Section 404 is amended by adding at the end the 
     following new subsection:
       ``(v) Definitions.--For purpose of this section, the term:
       ``(1) `wetlands' means those areas that are inundated or 
     saturated by surface or groundwater at a frequency and 
     duration sufficient to support, and that under normal 
     circumstances do support, a prevalence of vegetation 
     typically adapted for life in saturated soil conditions. 
     Wetlands generally include swamps, marches, bogs, fens, 
     potholes, playa lakes, vernal pools, and similar areas;
       ``(2) `Secretary' means the Secretary of the Army, acting 
     through the Chief of Engineers; and
       ``(3) `Administrator' means the Administrator of the 
     Environmental Protection Agency.''.
       (b) Section 404(a) (33 U.S.C. 1344(a)) is amended--
       (1) by inserting ``(1)'' after ``(b)'';
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B);
       (3) by striking ``clause (1)'' and inserting in lieu 
     thereof ``subparagraph (A)''; and
       (4) by adding at the end the following new paragraphs:
       ``(2) Revisions to Delineation Procedures.--
       ``(A) In general.--After the date of enactment of this Act, 
     no revisions to or clarifications of the guidelines for 
     identifying and delineating wetlands areas under this 
     subsection shall be issued until the National Academy 
     of Sciences has completed the study of wetlands authorized 
     by the Department of Veterans Affairs and Housing and 
     Urban Development, and Independent Agencies Appropriations 
     Act, 1993 (Public Law 102-389).
       ``(B) Revisions.--Within 18 months of the completion of the 
     study required under subparagraph (A), the Administrator 
     shall review the results of the study and, in consultation 
     with the Secretary, the Secretary of Agriculture, the 
     Secretary of the Interior, and the States, revise the 
     guidelines referenced in subparagraph (A) in accordance with 
     subparagraph (E), and as is otherwise necessary.
       ``(C) Promulgation of regulations.--Revision of the 
     guidelines referenced in subparagraph (A), along with those 
     portions of the guidelines that the Administrator does not 
     propose to revise, shall, after public notice and opportunity 
     for comment, be issued (in accordance with section 553 of 
     Title 5 of the United States Code and as otherwise required 
     under this section) as final rules and regulations. In 
     carrying out the provisions of this subparagraph, public 
     hearings shall be held in geographic areas of the Nation that 
     contain significant areas of wetlands.
       ``(D) Notwithstanding subparagraph (C), regulations adopted 
     pursuant to this paragraph shall be submitted to the relevant 
     authorizing committees of the House of Representatives and 
     the Senate and shall not become effective until the 181st day 
     after such submission.
       ``(E) The regulations promulgated pursuant to this 
     paragraph shall provide that, except in the limited instances 
     identified in the Corps of Engineers Wetlands Delineation 
     Manual issued in January 1987 (Technical Report Y-87-1) and 
     implementing guidelines, in order to make a positive wetland 
     delineation determination, clear evidence of wetlands 
     hydrology, hydrophytic vegetation, and hydric soil must be 
     found to be present during the period in which the 
     delineation is made.
       ``(3) Continued use of 1987 manual.--
       ``(A) In general.--Until such regulations are promulgated, 
     the Secretary, acting though the Chief of Engineers, shall 
     use the Corps of Engineers Wetlands Delineation Manual issued 
     in January 1987 (Technical Report Y-87-1) and implementing 
     guidelines to identify and delineate wetlands areas.
       ``(4) Agricultural lands.--
       ``(A) In general.--For purposes of this section, wetlands 
     located on agricultural lands and associated non-agricultural 
     lands shall be delineated by the Secretary of Agriculture in 
     accordance with Section 1222(j) of the Food Security Act of 
     1985 (16 U.S.C. 3822(j)).
       ``(B) Consistency.--Any areas of agricultural land or any 
     activities related to the land determined to be exempt 
     from the requirements of Subtitle C of Title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3821 et seq.) shall 
     also be exempt from the requirements of this section for 
     such period of time as those lands are used as 
     agricultural lands.
       ``(C) Definition.--For purposes of this section, the term 
     `agricultural lands' means cropland, pastureland, native 
     pasture, rangeland, orchards, vineyards, nonindustrial forest 
     land, and any other land used to produce or support the 
     production of an annual or perennial crop of a commodity, 
     aquaculture product, nursery product, or livestock.''

     SEC. 5. WETLANDS CLASSIFICATION.

       Section 404(d) (33 U.S.c. 1344(d)) is amended by striking 
     all therein and by inserting in lieu thereof the following:
       ``(d) Wetlands Classification.--(1) The Administrator, with 
     the assistance of the Secretary, and in consultation with the 
     Secretary of the Department of Agriculture, the Secretary of 
     the Department of the Interior, and the States, shall 
     undertake a project to classify wetlands in the United 
     States. Such classification project shall be completed not 
     later than ten years after the date of enactment of this Act. 
     In undertaking such project, priority shall be given to 
     requests for classification under paragraph (4).
       ``(2) In conducting the project under this section, the 
     classification of wetlands shall be based upon the best 
     reasonably obtainable scientific information, including the 
     results of the National Academy of Sciences study of wetlands 
     authorized by the Department of Veterans Affairs and Housing 
     and Urban Development, and Independent Agencies 
     Appropriations Act, 1993 (Public Law 102-389). Wetlands shall 
     be classified as either Class A, Class B, or Class C, 
     depending on their relative ecological significance, taking, 
     into account regional variations in hydrology, soils, and 
     vegetation, as follows--
       ``(A) Class A wetlands are those wetlands:
       ``(i) which serve critical wetlands functions, including 
     the provision of critical habitat for a concentration of 
     avian, aquatic, or wetland-dependent wildlife;
       ``(ii) which consist of or may be a portion of ten or more 
     contiguous acres and have an inlet or outlet for relief of 
     water flow; except that this requirement shall not operate to 
     preclude the classification as Class A wetlands lands 
     containing prairie pothole features, playa lakes, or vernal 
     pools if such lands otherwise meet the requirements for Class 
     A classification under this paragraph;
       ``(iii) for which there exists a scarcity of functioning 
     wetlands within the watershed or aquatic ecosystem such that 
     the discharge of dredged or fill material into such wetlands 
     would seriously jeopardize the availability of the wetlands 
     functions identified in clause (i); and
       ``(iv) for which there is no overriding public interest in 
     the use of such wetlands for purposes other than those served 
     by wetlands;
       ``(B) Class B wetlands are those wetlands that provide 
     habitat for a significant population of avian, aquatic, or 
     wetland-dependent wildlife, or provide other significant 
     wetlands functions, including significant enhancement or 
     protection of water quality, or significant natural flood 
     control; and
       ``(C) Class C wetlands are those wetlands that:
       (i) serve marginal wetlands functions that exist in such 
     abundance that regulations of activities in such wetlands is 
     not necessary to conserve important wetlands functions;
       (ii) are within industrial complexes or other intensely 
     developed areas that do not serve significant wetlands 
     functions as a result of such location; or
       (iii) are located behind legally constituted, man-made 
     structures or natural formations, such as levees constructed 
     and maintained to permit the utilization of such lands for 
     commercial, industrial, or residential purposes consistent 
     with local land use planning requirements.
       ``(3) In conducting the classification project under this 
     section, there shall be a public hearing in each county, 
     parish, or borough of a State before completion of wetlands 
     classification in such county, parish, or borough. Promptly 
     after completion of wetlands classification in a county, 
     parish, or borough, a map or maps indicating the 
     classification of such wetlands shall be made available to 
     the public in the building within the county, parish, or 
     borough that contains property records, and shall be filed 
     with such property records, and notice of same shall be 
     published in the Federal Register and in publications of wide 
     circulation in such county, parish, or borough.
       ``(4) Until the classification process has been completed 
     with respect to wetlands within a particular county, parish, 
     or borough, any person seeking a classification of such 
     wetlands may file a request with the Secretary, identifying 
     the site of the wetlands and requesting the Secretary to 
     determine the classification of such wetlands. The requestor 
     shall provide such additional information as may be necessary 
     for purposes of determining the classification of such 
     wetlands.
       ``(5) Within ninety days following receipt of a request for 
     classification under paragraph (4), the Secretary shall 
     notify the requestor of the classification of the wetlands 
     that are the subject of such request and shall state in 
     writing the basis for such classification. The classification 
     of the wetlands that are the subject of the request shall be 
     determined by the Secretary in accordance with this 
     subsection and the regulations promulgated pursuant thereto.
       ``(6) Not later than one year after the date of enactment 
     of this Act, the Administrator, with the assistance of the 
     Secretary, shall issue regulations implementing this 
     subsection. Until such regulations are issued, the Secretary 
     shall classify wetlands in response to a request for 
     classification under paragraph (4), or as part of the 
     permitting process pursuant to subsection (a).

     SEC. 6. ACTIVITIES REGULATED

       Section 404(a) (33 U.S.C. 1344(a)) is amended--
       (a) by striking ``(a) The Secretary'' and inserting the 
     following:
       ``(a) In General.--
       ``(1) Issuance of Permits.--The Secretary'';
       (b) by adding at the end the following new paragraph:
       ``(2) For purposes of this section, the discharge of 
     dredged or fill material into waters of the United States 
     includes the draining, channelization, and excavation of 
     wetlands.''.

     SEC. 7. PERMIT METHODOLOGY

       Section 404(a) (33 U.S.C. 1344(a)) is further amended by 
     adding at the end the following new paragraphs:
       ``(3)(A) The Secretary shall determine whether to issue a 
     permit for the discharge of dredged or fill material into 
     wetlands classified pursuant to subsection (d) as Class A 
     wetlands based on a sequential analysis that seeks to (i) 
     avoid adverse effects on such wetlands, (ii) minimize such 
     adverse effects that cannot be avoided, and (iii) mitigate 
     any adverse effects that cannot be avoided and that remain 
     after minimization. Any permit authorizing the discharge of 
     dredged or fill material in Class A wetlands may contain such 
     terms and conditions concerning mitigation that the Secretary 
     deems appropriate to prevent the unacceptable loss or 
     degradation of Class A wetlands.
       ``(B) The Secretary shall determine whether to issue a 
     permit to authorize discharges of dredged or fill material in 
     wetlands classified pursuant to subsection (d) as Class B 
     wetlands pursuant to a public interest review. Such public 
     interest review shall balance the reasonably foreseeable 
     benefits and detriments resulting from issuance of the 
     permit, based on such factors as economic growth, the need 
     for fish and wildlife habitat, water supply and conservation, 
     water quality, infrastucture needs, energy needs, mineral 
     needs, food production, recreation, and considerations of 
     private property ownership. The Secretary may condition such 
     permit as necessary to ensure that the watershed or aquatic 
     ecosystem of which such wetlands are a part does not suffer 
     significant loss or degradation of wetlands functions.
       ``(C) No permit from the Secretary shall be required with 
     respect to the discharge of dredged or fill material in 
     wetlands classified pursuant to subsection (d) as Class C 
     wetlands. A state may require a permit with respect to 
     discharges in Class C wetlands if such state deems it 
     appropriate, along with such terms and conditions as such 
     state may impose.''.

     SEC. 8. REQUIRE CONSULTATION BETWEEN EPA AND THE CORPS; 
                   REPEAL AUTHORITY OF EPA TO VETO CORPS 
                   PERMITTING DECISIONS

       Section 404(c) (33 U.S.C. 1344(c)) is amended to read as 
     follows:
       ``The Secretary shall consult with the Administrator 
     regarding whether the discharge of such material at the 
     specified disposal site would have an unacceptable adverse 
     effect on municipal water supplies, shellfish beds and 
     fishery areas (including spawning and breeding areas), 
     wildlife, or recreational areas.''.

     SEC. 9. EXTENSIONS OF TIME AND THE CONSEQUENCES OF FAILURE BY 
                   THE SECRETARY TO MAKE A DECISION.

       Section 404(a) (33 U.S.C. 1344(a)) is further amended--
       (a) by adding at the end of paragraph (1) (as so 
     designated) the following new sentence:
       ``The Secretary shall request from the applicant any 
     additional information to complete the application not later 
     than 60 days after the Secretary receives the application.''; 
     and
       (b) by adding at the end the following new paragraphs:
       ``(3) Date of Decision by Secretary.--Except as provided in 
     paragraph (4), the Secretary shall make a decision with 
     respect to an application for a permit submitted under 
     paragraph (1) not later than 90 days after the completed 
     application is submitted.
       ``(4) Extension.--The decision of the Secretary with 
     respect to an application for a permit under paragraph (1) 
     may be made after the date specified in paragraph (3) only 
     if--
       ``(A) with respect to issuance of the permit, the Secretary 
     is required under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) to issue an environmental 
     impact statement, in which case the decision shall be made 
     not later than 30 days after the date on which the 
     requirements of such Act are met;
       ``(B) the permit application involves an activity that may 
     affect any species that is listed or proposed for listing or 
     any critical habitat that is designated or proposed for 
     designation under the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.), in which case the decision shall be 
     made not later than 30 days after the date on which the 
     requirements of such Act are met, as determined by the 
     Secretary of the Interior, or the Secretary of Commerce, 
     whomever is appropriate;
       ``(C) the Administrator, the Secretary of Agriculture, the 
     Secretary of the Interior, the Secretary of Commerce, or the 
     Secretary of Transportation, the head of any other 
     appropriate Federal agency, or the Governor of the State in 
     which the activity occurs requests that the Secretary of the 
     Army or the Secretary of Agriculture, as the case may be, 
     grant an extension beyond the date specified in paragraph 
     (3), and such Secretary grants such request in writing, in 
     which case the decision shall be made not later than 150 days 
     after the completed application is submitted;
       ``(D) the Secretary and the applicant for the permit 
     determine that additional time is needed to evaluate the 
     application; or
       ``(E) the decision is precluded as a matter of law or 
     procedures required by law.
       ``(5) Consequences of Failure by the Secretary to Make a 
     Decision.--If the Secretary fails to make a decision by the 
     date specified in paragraph (3) or (4), as the case may be, 
     the permit shall be deemed granted.''

     SEC. 10. GENERAL PERMIT IMPROVEMENTS.

       Section 404(e) (33 U.S.C. 1344(e)) is amended--
       (a) by adding after ``minimal'' in the first place it 
     appears, ``or temporary''; and
       (b) by adding at the end the following new paragraphs:
       ``(3) State Pograms.--Upon the request of a State, 
     regional, local, or Tribal governmental body with an existing 
     wetlands regulatory program, the Secretary shall issue a 
     general permit for such program if the non-federal regulatory 
     program--
       ``(A) has jurisdiction over the activities and waters 
     within the scope of the requested general permit.
       ``(B) provides adequate safeguards to ensure that it will 
     provide at least the same degree of protection for the 
     navigable waters as the protection provided by this section;
       ``(C) provides at least the same opportunity for public 
     review, comment, and hearings as the opportunity provided by 
     this section; and
       ``(D) provides an opportunity for the Secretary, in 
     cooperation with the Administrator, the Secretary of the 
     Interior (acting through the Director of the United States 
     Fish and Wildlife Service), and the Secretary of Commerce 
     (acting through the Administrator of the National Oceanic and 
     Atmospheric Administration) to conduct periodic reviews of 
     permit decisions made under the non-federal program in order 
     to ensure that the requirements of this subsection are met.
     The provisions of this paragraph shall not apply to general 
     permits issued by the Secretary for linear utility 
     facilities, and such linear utility facilities shall continue 
     to be regulated by the Secretary.
       ``(4) Consistency With Swampbuster.--A general permit may 
     be issued for discharges of dredged or fill material 
     associated with activities found by the Secretary of 
     Agriculture, in consultation with the Secretary of the 
     Interior acting through the Director of the United States 
     Fish and Wildlife Service, to be exempted from the 
     ineligibility provisions of section 1221 of the Food Security 
     Act of 1985 (16 U.S.C. 3821) pursuant to subsections (f) and 
     (h) of section 1222 of such act (16 U.S.C. 3822) if the 
     general permit--
       ``(A) provides adequate safeguards to ensure that the 
     activities exempted will have no more than minimal individual 
     and cumulative impacts on the environment; and
       ``(B) includes provisions to provide an opportunity for the 
     Secretary and the Administrator to conduct periodic reviews 
     of permit decisions made by the Secretary of Agriculture to 
     ensure that the terms and conditions of the general permit 
     and the requirements of this subsection are met.
       ``(5) Grants for state, regional, local and tribal 
     programs.--The Secretary and the Administrator may make a 
     grant to a State, Tribal, regional, or local governmental 
     body for the operation of a regulatory program with respect 
     to which a general permit has been issued pursuant to this 
     subsection. The aggregate amount of such grants may not 
     exceed the amount made available by appropriations to the 
     Secretary or the Administrator to carry out this section with 
     respect to State, Tribal, regional, or local governmental 
     bodies.''.

     SEC. 11. EXEMPT ACTIVITIES.--

       (a) Paragraph (1) of Section 404(f) (33 U.S.C. 1344(f)(1)) 
     is amended to read as follows:
       ``(f)(1) Exempt Activities.--
       ``Except as provided in paragraph (2) of this subsection, 
     the discharge of dredged or fill material is exempted from 
     regulation under this section, section 301(a) and 402 of this 
     Act (except for effluent standards or prohibitions under 
     section 307) if it is:
       ``(A) from normal farming, silviculture, and ranching 
     activities, such as haying, grazing, plowing, seeding, 
     cultivating, minor drainage, harvesting for the production of 
     food, fiber, and forest products, or upland soil and water 
     conservation practices;
       ``(B) for the purpose of maintaining, including emergency 
     reconstruction of recently damaged parts, of currently 
     serviceable structures such as dikes, dams, levees, groins, 
     riprap, breakwaters, water conveyances, linear utility 
     facilities, causeways, bridge abutments or approaches, and 
     transportation structures;
       ``(C) for the purpose of constructing or maintaining farm 
     or stock ponds or irrigation ditches, or the maintenance of 
     drainage ditches or spreading areas for groundwater recharge;
       ``(D) for the purpose of constructing temporary 
     sedimentation basins on a construction site that does not 
     involve a discharge of fill material into navigable waters;
       ``(E) for the purpose of constructing or maintaining farm 
     roads or forest roads, or temporary roads for moving mining 
     equipment, or access roads for linear utility facilities, or 
     access roads to, or within, drinking water treatment plants, 
     if the roads are constructed and maintained, in accordance 
     with best management practices, to ensure that--
       ``(i) flow and circulation patterns and chemical and 
     biological characteristics of the navigable waters are not 
     impaired;
       ``(ii) the reach of the navigable waters is not reduced; 
     and
       ``(iii) any adverse effect on the aquatic environment will 
     otherwise be minimized;
       ``(F) resulting from any activity with respect to which a 
     State has a program approved by the Administrator under 
     section 208(b)(4) that meets the requirements of 
     subparagraphs (B) and (C) of such section;
       ``(G) undertaken in connection with a marsh management and 
     conservation program in a coastal county, parish, or borough, 
     where such program has been approved by the Governor of the 
     State or the designee of the Governor;
       ``(H) into tightly sealed forms or cells where the material 
     will be used as a structural member for standard pile 
     supported structures, such as piers and docks, and for linear 
     projects such as bridges, transmission and distribution line 
     footings, and walkways;
       ``(I) for the placement of pilings in waters of the United 
     States in circumstances involving linear projects such as 
     bridges, elevated walkways, or powerline structures, or that 
     involve structures such as piers, boathouses, wharves, 
     marinas, lighthouses and individual houses built on stilts 
     solely to reduce the potential of flooding;
       ``(J) for the clearing of vegetation (i) within rights-of-
     way associated with the development and maintenance of linear 
     utility projects, including electric power transmission and 
     distribution lines, petroleum product and natural gas 
     pipelines, and water and sewer lines, or (ii) from reservoirs 
     used primarily for storage of drinking water where the 
     construction of the reservoirs was authorized pursuant to 
     this section, or where the construction of reservoirs 
     predates the requirement for the authorization;
       ``(K) undertaken on farmed wetlands, except that any change 
     in use of such land for the purpose of undertaking activities 
     that are not exempt from regulation under this subsection 
     shall be subject to the requirements of this section to the 
     extent that such farmed wetlands are `wetlands' under 
     subsection (d) of this section;
       ``(L) undertaken on lands or involve activities within a 
     State's coastal zone which are excluded from regulation under 
     a State coastal zone management program approved under the 
     Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et 
     seq.);
       ``(M) undertaken in incidentally-created wetlands that have 
     exhibited wetlands functions for less than five years;
       ``(N) part of expanding an ongoing farming operation 
     involving the water-dependent, obligate crop Vaccinium 
     macrocarpin, so long as such expansion does not occur in 
     Class A wetlands, does not result of in the conversion of 
     more than ten acres of wetlands per operator per year, and 
     the converted wetlands (other than where dikes and other 
     necessary facilities are placed) remain as wetlands or other 
     waters of the United States;
       ``(O) from aggregate or clay mining activities in wetlands 
     if such activities are conducted pursuant to a State or 
     Federal permit that requires (i) that reclamation of such 
     affected wetlands to be completed within five years of the 
     commencement of such activities, and (ii) that such wetlands 
     be reclaimed to a condition capable of supporting wetlands 
     functions substantially equivalent to the functions supported 
     by such wetlands at the time of commencement of such 
     activities; or
       ``(P) for the purpose of preserving and enhancing aviation 
     safety or undertaken in order to prevent an airport 
     hazard.''.
       (b) Exempted Areas.--Section 404(f) is further amended by 
     adding at the end the following new paragraph:
       ``(3) Exempted Areas.--For purposes of this section, the 
     following shall not be considered to be navigable waters:
       ``(A) nontidal drainage and irrigation ditches excavated in 
     uplands;
       ``(B) artificially irrigated areas which would revert to 
     uplands if the irrigation ceased;
       ``(C) artificial lakes or ponds created by excavating or 
     diking uplands to collect and retain water, and that are used 
     primarily for stock watering, irrigation, agricultural 
     settling ponds, fire control, cranberry growing, or rice 
     growing;
       ``(D) artificial reflecting or swimming pools or other 
     small ornamental bodies of water created by excavating or 
     diking uplands to retain water for primarily aesthetic 
     reasons;
       ``(E) waterfilled depressions created in uplands incidental 
     to construction activity and pits excavated in uplands for 
     the purpose of obtaining fill, sand, gravel, aggregates or 
     minerals, unless and until the construction or excavation 
     operation is abandoned and the resulting body of water meets 
     the definition of navigable waters;
       ``(F) artificial stormwater detention areas and artificial 
     sewage treatment areas that are not modifications of 
     navigable waters;
       ``(G) prior converted croplands; and
       ``(H) confined dredged material disposal areas constructed 
     in uplands.''.

     SEC. 12. STATE PROGRAMS.

       (a) Standards For State Delegation.--Subsection (h)(2) of 
     section 404 (33 U.S.C. 1344(h)(2)) is amended by adding the 
     following at the end:
       ``The Administrator shall approve a state program submitted 
     under subsection (g)(1) that is developed to meet the 
     particular needs and circumstances of such state, provided 
     that the level of wetlands protection provided by the state 
     program is substantially similar to the protection provided 
     by this section.''
       (b) Federal Oversight of State Programs.--Subsection (i) of 
     section 404 (33 U.S.C. 1344(i)) is amended by adding the 
     following at the end:
       ``Not later than 5 years after the date of the approval of 
     a State program, and every 5 years thereafter, in order to 
     ensure that the requirements of this section are met, the 
     Administrator, in cooperation with the Secretary and the 
     Secretary of the Interior (acting through the Director of 
     the United States Fish and Wildlife Service), shall 
     conduct a periodic review of permit decisions made by a 
     State that carries out a program that is approved by the 
     Administrator under subsection (h)(2).
       ``The Secretary and the Administrator may make a grant to a 
     State for the operation of a program that is approved by the 
     Administrator pursuant to subsection (h)(2). The aggregate 
     amount of such grants may not exceed the amount that is made 
     available by appropriations to the Secretary or the 
     Administrator to carry out this section with respect to State 
     programs.''.
       (c) The last four sentences of Section 404(j) (33 U.S.C. 
     1344(j)) are hereby repealed.

     SEC. 13. MITIGATION BANKS.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following new subsection:
       ``(w) Mitigation Banks.--
       ``(1) Establishment.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, after providing notice and 
     opportunity for public review and comment, the Secretary 
     shall issue regulations for the establishment, use, 
     maintenance, and oversight of mitigation banks. The 
     regulations shall be developed in consultation with the 
     Administrator and the Secretary of the Interior, acting 
     through the Director of the United States Fish and Wildlife 
     Service.
       ``(B) Provisions and requirements.--The regulations issued 
     pursuant to subparagraph (A) shall ensure that mitigation 
     banks--
       ``(i) comply with the guidelines established under 
     subsection (b)(1);
       ``(ii) to the extent practicable and environmentally 
     desirable, provide in-kind replacement of lost wetlands 
     functions, and be located in, or in proximity to, the same 
     watershed as the affected wetlands;
       ``(iii) be operated by an entity which has the financial 
     capability to meet the requirements of this section, 
     including the deposit of a performance bond or other 
     appropriate demonstration of financial responsibility to 
     support the long-term maintenance of the bank, specify 
     responsibilities for long-term monitoring, maintenance, and 
     protection, and provide for the long-term security of 
     ownership interests of wetlands and uplands on which projects 
     are conducted to protect the wetlands functions associated 
     with the mitigation banks;
       ``(iv) employ consistent and scientifically sound methods 
     to determine debits by evaluating wetlands functions, project 
     impacts, and duration of the impact at the sites of proposed 
     permits for discharges of dredged or fill material pursuant 
     to this section, and to determine credits based on wetlands 
     functions at the sites of mitigation banks;
       ``(v) provide for the transfer of credits for mitigation 
     that has been performed and for mitigation that shall be 
     performed within a designated time in the future, provided 
     that financial bonds shall be posted in sufficient amount to 
     ensure that the mitigation will be performed in the case of 
     default; and
       ``(vi) provide opportunity for public notice of, and 
     comment on, proposals for mitigation banks; provided however, 
     that the process utilized by a mitigation bank to obtain a 
     permit under this section satisfies the requirement for such 
     public notice and comment.
       ``(2) Mitigation bank defined.--As used in this section, 
     the term `mitigation bank' means a wetlands restoration, 
     creation, enhancement, or preservation project undertaken by 
     one or more parties, including private and public entities, 
     expressly for the purpose of providing mitigation 
     compensation credits to offset wetlands losses authorized by 
     the terms of permits allowing discharges of dredged or fill 
     material into the navigable waters.''.

     SEC. 14. ADMINISTRATIVE APPEALS PROCESS.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following new subsection:
       ``(x) Administrative Appeals.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall, after 
     providing notice and opportunity for public comment, issue 
     regulations establishing procedures pursuant to which--
       ``(A) a landowner may appeal a determination of regulatory 
     jurisdiction under this section with respect to a parcel of 
     property;
       ``(B) any person may appeal a determination that the 
     proposed activity is not exempt under subsection (f);
       ``(C) a landowner may appeal a determination that an 
     activity is not regulated under a general permit issued under 
     this section;
       ``(D) an applicant for a permit under this section may 
     appeal a determination made pursuant to this section to deny 
     issuance of the permit or to impose a requirement under the 
     permit; and
       ``(E) a landowner or any other person required to restore 
     or otherwise alter a parcel of property pursuant to an order 
     issued under this section may appeal such order.
       ``(2) Filing deadline.--An appeal brought to this 
     subsection shall be filed not later than 30 days after the 
     date on which written notice of the decision or action that 
     is the subject of the appeal is received, or is deemed 
     received, by the party filing the appeal.
       ``(3) Decision deadline.--An appeal brought pursuant to 
     this subsection shall be decided not later than 90 days after 
     the date on which the appeal is filed.
       ``(4) Third-party comments on appeal.--Any person who 
     participated in the public comment process concerning a 
     decision or action that is the subject of an appeal brought 
     pursuant to this subsection may file written comments with 
     respect to such appeal.
       ``(5) Official deciding appeal.--An appeal brought pursuant 
     to this subsection shall be heard and decided by an 
     appropriate and impartial official of the Federal Government, 
     other than the official who made the determination or carried 
     out the action that is the subject of the appeal.
       ``(6) Payment or mitigation after appeal.--A landowner or 
     any other person who has filed an appeal under this 
     subsection shall not be required to pay a penalty or perform 
     mitigation or restoration assessed under this section or 
     section 309 until after the appeal has been decided.''.

     SEC. 15. MAPPING AND PUBLIC NOTICE REQUIREMENTS.

       Section 404 is amended by adding at the end the following 
     new subsection:
       ``(y) Mapping and Public Notice Requirements.--
       ``(1) The Corps of Engineers shall, within 90 days after 
     the enactment of this Act, provide the court of each county, 
     parish, or borough in which Federal jurisdictional wetlands 
     may be located, a notice for posting near the property 
     records of the county, parish, or borough. Such notice shall: 
     (i) state that Federal jurisdictional wetlands may be located 
     in the county, parish, or borough, (ii) provide an 
     understandable explanation of how Federal jurisdiction over 
     wetlands is determined, (iii) describe the requirements and 
     restrictions of the wetlands regulatory program under this 
     section, and (iv) provide instructions on how to obtain a 
     delineation and classification of wetlands.
       ``(2) When the delineation or classification of a property 
     pursuant to this section becomes final, the Secretary shall 
     file a copy of the delineation, including the classification 
     of the wetland if any are present, with the records of the 
     property in the local courthouse, and the Secretary shall 
     serve a copy of the delineation determination on every 
     property owner of record and any person with a recorded 
     mortgage or lien on the property.
       ``(3) The Corps and the EPA shall file notice of 
     enforcement actions taken with respect to private property in 
     the property records of such property.
       ``(4) As the National Biological Survey completes the 
     National Wetlands Inventory, the maps prepared in 
     that inventory shall be provided to the court for posting 
     in the counties, parishes, and boroughs that are covered 
     by the maps.''.

     SEC. 16. REGULATORY PROGRAM FOR ALASKA.

       (a) Section 404(b) (33 U.S.C. 1344(b)), as amended, is 
     further amended by adding at the end the following new 
     paragraph:
       ``(5) For permits for the discharge of dredged or fill 
     material within the State of Alaska, the guidelines issued 
     under this subsection--
       (A) shall not include requirements or standards for 
     compensatory mitigation of adverse impacts, but may include 
     requirements for non-compensatory mitigation of adverse 
     impacts,
       (B) shall include requirements or standards for 
     minimization of impacts, and
       (C) may include standards or requirements for avoidance of 
     impacts, except that the permit applicant shall not be 
     required to establish that upland alternative sites do not 
     exist.''
       (b) Standards For General Permits in Alaska--Section 404(e) 
     (33 U.S.C. 1344(e)), as amended by Section 10, is further 
     amended by inserting the following new paragraph after 
     paragraph (5):
       ``(6) Notwithstanding the requirements of paragraphs (1) 
     and (2), the Secretary shall issue a general permit for 
     discharges of dredged and fill material in Alaska. Such 
     general permit shall contain requirements that provide a 
     similar degree of protection for navigable waters as the 
     protection required by the other provisions of subsection 
     (b)(5).''.
       (c) Section 404 (33 U.S.C. 1344) is amended by adding at 
     the end thereof:
       ``(z) Alaska Native Corporation Lands--
       ``(1) In General--Lands conveyed to, selected by, or owned 
     by Alaska Native Corporations pursuant to the Alaska Native 
     Claims Settlement Act, P.L. 92-203, as amended, shall be 
     ``economic base lands.''
       ``(2) Permit Considerations--Regarding permit decisions for 
     economic base lands, in addition to the requirements in 
     subsection (a) and (b), the Secretary shall--
       ``(A) balance the standards and policies of this Act 
     against the obligations of the United States to allow 
     economic base lands to be used beneficially to create and 
     sustain economic activity;
       ``(B) give substantial weight to the social and economic 
     needs of Alaska Natives; and
       ``(C) account for regional differences, abundance, and 
     functions of wetlands.
       ``(3) General Permits--Regarding rural Alaska Native 
     villages as defined in section 3(c) of the Alaska Native 
     Claims Settlement Act, P.L. 92-203, (43 U.S.C. 1602(c)), the 
     Secretary shall issue general permits for disposition of 
     dredge and fill material for critical infrastructure, 
     including water and sewer systems, airports, roads, 
     communication sites, fuel storage sites, landfills, housing, 
     hospitals, medical clinics, schools, and other community 
     infrastructure in rural Alaska villages without a 
     determination that activities authorized by such a general 
     permit cause only minimal adverse environmental effects when 
     performed separately and will have only minimal cumulative 
     adverse effects on the environment.
       ``(4) Other Considerations.--The Secretary shall consult 
     with and provide assistance to Alaska Native Corporations and 
     the State of Alaska regarding promulgation and administration 
     of policies and regulations under this section.''.

     SEC. 17. DEFINITIONS.

       Section 502 of the Federal Water Pollution Control Act (33 
     U.S.C. 1362) is amended by adding at the end thereof the 
     following new paragraphs:
       ``(21) The term `wetlands' means those areas that are 
     inundated or saturated by surface or ground water at a 
     frequency and duration sufficient to support, and that under 
     normal circumstances do support, a prevalence of vegetation 
     typically adapted for life in saturated soil conditions. 
     Wetlands generally include swamps, marshes, bogs, fens, 
     potholes, playa lakes, vernal pools, and similar areas.
       ``(22) The term `creation of wetlands' means an activity 
     that brings a wetland into existence at a site where it did 
     not formerly exist.
       ``(23) The term `enhancement of wetlands' means any 
     activity that increases the functioning of existing wetlands.
       ``(24) The term `wetlands functions' means the roles 
     wetlands serve, including flood water storage, flood water 
     conveyance, groundwater discharge, erosion control, wave 
     attenuation, water quality protection, scenic and aesthetic 
     use, food chain support, fisheries, wetlands plant habitat, 
     aquatic habitat, and habitat for wetland-dependent wildlife.
       ``(25) The term `incidentally created wetlands' means lands 
     that exhibit wetlands characteristics sufficient to meet the 
     criteria for delineation of wetlands, where one or more of 
     such characteristics is the unintended result of human 
     induced alterations of hydrology.
       ``(26) The term `maintenance,' when referring to wetlands, 
     means activities undertaken to assure continuation of a 
     wetland or the accomplishment of project goals after a 
     restoration or creation project has been completed, including 
     water level manipulations and control of non-native plant 
     species.
       ``(27) The term `normal farming, silviculture, aquaculture 
     and ranching activities' means normal ongoing practices 
     identified as such by the Secretary of Agriculture, in 
     consultation with the Cooperative Extension Service for each 
     State and the land grant university system and agricultural 
     colleges of the State, taking into account existing practices 
     and such other practices as may be identified in consultation 
     with the affected industry or community.
       ``(28) The term `prior converted cropland' means land that 
     was both manipulated (drained or otherwise physically altered 
     to remove excess water from the land) and cropped before 
     December 23, 1985, to the extent that such land no longer 
     exhibits significant wetlands functions.
       ``(29) The term `restoration,' when referring to wetlands, 
     means an activity undertaken to return a wetland from a 
     disturbed or altered condition with lesser acreage or fewer 
     functions to a previous condition with greater wetlands 
     acreage or functions.
       ``(30) The term `temporary impact' or `temporary effect' 
     mean the disturbance or alteration of wetlands caused by 
     activities under circumstances in which, within three years 
     following the commencement of such activities, such 
     wetlands--
       ``(A) are returned to the conditions in existence prior to 
     the commencement of such activity; or
       ``(B) display conditions sufficient to ensure that without 
     further human action, such wetlands will return to the 
     conditions in existence prior to the commencement of such 
     activity.''.
       ``(31) The term `linear utility facility' means a 
     continuous conveyance, such as a pipeline, cable, line, or 
     wire, used for the transmission, gathering, or distribution 
     of electric power, natural gas, oil, or water.
                                 ______

      By Mr. BAUCUS (for himself and Mr. Chafee):
  S. 2507. A bill to amend the Federal Water Pollution Control Act to 
improve stormwater management, and for other purposes; to the Committee 
on Environment and Public Works.


               the stormwater control reform act of 1994

 Mr. BAUCUS. Mr. President, I ask unanimous consent that the 
legislation I am introducing today for myself and Mr. Chafee from Rhode 
Island, the Stormwater Control Reform Act of 1994, be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2507

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Stormwater Control Reform 
     Act of 1994''.

     SEC. 2. STORMWATER MANAGEMENT.

       Section 402(p) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1342(p)) is amended--
       (1) by striking paragraph (1);
       (2) by redesignating paragraph (2) as paragraph (1);
       (3) in paragraph (1) (as so redesignated)--
       (A) by striking the matter preceding subparagraph (A) and 
     inserting the following:
       ``(1) In general.--The requirements of paragraph (4) for 
     applications and the issuance of permits for stormwater 
     discharges shall apply to:'';
       (B) in subparagraph (B), by inserting ``or commercial'' 
     after ``industrial'';
       (C) by striking ``separate'' each place it appears in 
     subparagraph (C) and (D);
       (D) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (E) by inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) A discharge from a municipal storm sewer system 
     serving a population of fewer than 100,000 individuals that 
     is located in an urbanized area (as designated by the Bureau 
     of the Census) in which a stormwater discharge covered by a 
     permit issued under subparagraph (C) or (D) is also 
     located.'';
       (4) by inserting after paragraph (1) (as so redesignated) 
     the following new paragraph:
       ``(2) Other municipal stormwater discharges.--
       ``(A) Moratorium on permitting for remaining urbanized 
     areas.--
       ``(i) Municipal stormwater systems.--Except as provided in 
     clauses (iii) and (iv), prior to October 1, 2001, neither the 
     Administrator nor the State (in the case of a permit program 
     approved under subsection (b)) shall require a permit under 
     this section for discharges composed entirely of stormwater 
     from municipal storm sewer systems serving a population of 
     fewer than 100,000 individuals that is located in an 
     urbanized area (as designated by the Bureau of the Census) 
     other than discharges described in paragraph (1)(E).
       ``(ii) Advance notice of proposed rulemaking.--Not later 
     than 2 years after the date of enactment of this 
     subparagraph, the Administrator shall publish an advance 
     notice of proposed rulemaking that summarizes available 
     information on municipal storm sewer systems covered by 
     clause (i) and outlines the options being considered for 
     regulations under clause (iii).
       ``(iii) Regulations.--The Administrator may issue 
     regulations specifying permit application requirements for 
     permits for the discharges covered by clause (i) prior to 
     October 1, 1998, based on a determination by the 
     Administrator that the discharges would be appropriately 
     regulated by a permit issued pursuant to this subsection. If 
     the Administrator issues the regulations, permits shall be 
     issued or denied for the discharges not later than 7 years 
     after the date of enactment of paragraph (3)(C).
       ``(iv) Failure to issue regulations.--Notwithstanding 
     clause (i), if the Administrator fails to issue the 
     regulations described in clause (iii) prior to October 1, 
     1998, the discharges covered by clause (i) shall be subject 
     to the requirements of section 301 and this section as of 
     October 1, 1998.
       ``(B) Exemption from permit requirements for nonurbanized 
     areas.--Notwithstanding section 301 or any other provision of 
     this section, a source of discharges composed entirely of 
     stormwater from municipal storm sewer systems, other than the 
     discharges described in paragraph (1) or subparagraph (A), is 
     not required to obtain a permit for the discharges under this 
     Act.
       ``(C) Clarification.--Nothing in this subsection shall be 
     interpreted, construed, or applied to modify the requirements 
     of this Act (including other provisions of this section) 
     otherwise applicable to discharges of stormwater combined 
     with domestic or industrial wastewater.'';
       (5) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) by inserting ``and commercial'' after ``Industrial''; 
     and
       (ii) by inserting ``and commercial'' after ``industrial'';
       (B) in subparagraph (B)--
       (i) by striking ``and'' at the end of clause (ii);
       (ii) by striking the period at the end of clause (iii) and 
     inserting ``; and''; and
       (iii) by adding at the end the following new clause:
       ``(iv) shall include monitoring and reporting requirements 
     that, at minimum, provide for--

       ``(I) representative monitoring for the quality of 
     receiving waters; and
       ``(II) reporting for the implementation of management 
     measures.''; and

       (C) by adding at the end the following new subparagraphs:
       ``(C) Maximum extent practicable.--
       ``(i) Maximum extent practicable defined.--As used in 
     subparagraph (B)(iii) (and with respect to permits issued 
     after the date that is 2 years after the date of enactment of 
     this subparagraph), the term `maximum extent practicable' 
     means applying management measures, as defined in section 
     6217(g)(5) of the Coastal Zone Act Reauthorization Amendments 
     of 1990 (16 U.S.C. 1455b(g)(5)), for municipal stormwater 
     discharges that, in the judgment of the Administrator (or a 
     State authorized to issue a permit under this section), will 
     attain and maintain water quality standards.
       ``(ii) Guidance.--Not later than 2 years after the date of 
     enactment of this subparagraph, the Administrator, after 
     consultation with persons with expertise in the management of 
     stormwater (including officials of local governments and 
     representatives of public interest groups), shall--

       ``(I) establish requirements for specific management 
     measures for municipal stormwater discharges based on the 
     guidance issued under section 6217 of the Coastal Zone Act 
     Reauthorization Amendments of 1990 (16 U.S.C. 1445b) to 
     define `maximum extent practicable' for the purposes of this 
     section; and
       ``(II) if practicable, include in the requirements minimum 
     and objective performance standards for each of the 
     management measures.

       ``(D) Numeric effluent limitations.--Notwithstanding 
     section 301 and this section, during the 10-year period 
     beginning on the date of enactment of this subparagraph, a 
     permit issued pursuant to this subsection for discharges from 
     municipal storm sewers composed entirely of stormwater shall 
     not require compliance with numeric effluent limitations and 
     water quality standards shall not be applied or enforced as 
     effluent limitations.
       ``(E) Municipally owned and commercial discharges.--The 
     Administrator (or a State with a program approved under 
     subsection (b)) may issue a consolidated permit for 
     discharges from a storm sewer system owned by a municipality 
     and the stormwater discharges from industrial or commercial 
     sources owned by the same municipality.'';
       (6) in paragraph (4)--
       (A) by striking ``(2)'' each place it appears and inserting 
     ``(1)'';
       (B) in subparagraph (B)--
       (i) by striking ``(B) Other municipal discharges.--Not 
     later than'' and inserting the following:
       ``(B) Other municipal discharges.--
       ``(i) In general.--Not later than''; and
       (ii) by adding at the end the following new clauses:
       ``(ii) Deadline for submission of application.--
     Applications for permits for discharges from municipal storm 
     systems that were not required to apply for a permit before 
     the date of enactment of this clause because the systems are 
     combined storm and sanitary systems shall be filed not later 
     than 4 years after the date of enactment of this clause.
       ``(iii) Effective date.--The requirement for a permit under 
     section 301 and this section shall apply to discharges from 
     municipal storm sewer systems described in paragraph (1)(E) 
     beginning on the date of the expiration of a permit for a 
     discharge described in subparagraph (C) or (D) of paragraph 
     (1) that is located in the same urbanized area and that 
     occurs after the date that is 3 years after the date of 
     enactment of this clause.''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) Commercial and light industrial discharges.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Administrator shall, after notice and opportunity for public 
     comment, establish permit application and other requirements 
     for stormwater discharges from commercial and light 
     industrial sources and ensure that permits under this section 
     for all sources are issued as expeditiously as practicable, 
     but no later than 8 years after the date of enactment of this 
     subparagraph.
       ``(ii) Exceptions.--This subparagraph shall not apply to 
     discharges from sources that--

       ``(I) were required to submit applications for a permit by 
     the rule published by the Administrator at 55 Fed. Reg. 47990 
     (November 16, 1990);
       ``(II) are in a source or a class for which an exemption to 
     the permit requirements of this section and section 301 is 
     granted before the date that is 8 years after the date of 
     enactment of this subparagraph, pursuant to paragraph (5); or
       ``(III) are owned or operated by a municipality and are 
     subject to a consolidated permit as authorized by paragraph 
     by (3)(E).

       ``(D) Regulations.--The Administrator shall publish a 
     notice of proposed rulemaking for the requirements described 
     in subparagraph (C) not later than 4 years after the date of 
     enactment of this subparagraph and shall issue final 
     regulations relating to the requirements not later than 6 
     years after the date of enactment of this subparagraph.''; 
     and
       (7) by striking paragraphs (5) and (6) and inserting the 
     following new paragraphs:
       ``(5) Commercial and light industrial discharges.--
       ``(A) In general.--The Administrator may exempt a class or 
     category of commercial and light industrial discharges 
     composed entirely of stormwater (other than discharges 
     subject to permit application requirements published at 55 
     Fed. Reg. 47990 (November 16, 1990)) from the requirement to 
     obtain a permit pursuant to section 301 and this section if 
     the Administrator determines based on available information 
     that, considering controls and management measures installed 
     at sources in the class or category, stormwater discharges 
     from sources in the class or category have minimal effect on 
     water or sediment quality.
       ``(B) Regulations.--
       ``(i) In general.--The Administrator shall issue 
     regulations for classes or categories of discharges exempt 
     under subparagraph (A).
       ``(ii) Contents.--Such regulations shall, at a minimum, 
     establish priorities, establish requirements for State 
     stormwater management programs, and establish expeditious 
     deadlines for compliance with the requirements established by 
     the regulations. The regulations may include performance 
     standards, guidelines, guidance, and management practices and 
     treatment requirements, as appropriate. The Administrator 
     may, in making a determination under subparagraph (A), take 
     into account controls and management measures established 
     pursuant to this subparagraph.
       ``(iii) References.--For purposes of sections 309 and 505, 
     any reference to a permit issued under section 402 shall be 
     interpreted to include a requirement imposed by a regulation 
     issued pursuant to this subparagraph.
       ``(6) Stormwater research.--
       ``(A) In general.--To determine the most cost-effective and 
     technologically feasible means of improving the quality of 
     the waters of the Nation, the Administrator shall establish 
     an initiative through which the Administrator shall fund 
     State and local demonstration programs and research to test 
     innovative approaches to address the impacts of hydrologic 
     and hydraulic changes, source controls, and water quality 
     management practices and controls for runoff from municipal 
     storm sewers. Persons conducting demonstration programs and 
     research funded under the initiative shall also take into 
     account the physical nature of episodic stormwater flows, the 
     varying pollutants in stormwater, the actual risk the flows 
     pose to the designated beneficial uses, and the ability of 
     natural ecosystems to accept temporary stormwater events.
       ``(B) Award of funds.--The Administrator shall award the 
     demonstration and research program funds taking into account 
     regional and population variations.
       ``(C) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this paragraph a 
     total of $100,000,000 for the period consisting of fiscal 
     years 1995 through 2004. Such sums shall remain available 
     until expended.
       ``(7) Additional monitoring support.--Municipalities 
     subject to permits issued under this subsection shall be 
     eligible for grants under section 319(h) to train and 
     facilitate training of citizens in citizen watershed 
     monitoring activities to support municipal stormwater 
     management programs.''.
                                 ______

      By Mr. PACKWOOD:
  S. 2508. A bill to amend the fishing endorsement issued to a vessel 
owned by Ronnie C. Fisheries, Inc.; to the Committee on Commerce, 
Science, and Transportation.


            THE RONNIE C. FISHERIES, INC. VESSEL ACT OF 1994

 Mr. PACKWOOD. Mr. President, I introduce a bill for the sake 
of fairness. It is a bill based on the merits of a case that didn't 
meet the rigid guidelines of Federal regulations despite meeting the 
intent of the Federal program. The private relief I offer today is for 
the Seibel family of South Beach, OR, who need to have the Pacific 
Coast groundfish limited entry permit transferred from their vessel 
that was lost at sea, to their other vessel, the F/V A J.
  Some may say that offering this kind of private relief sets a 
precedent. I believe it is a precedent of righting a wrong. The Seibels 
have jumped through all the administrative hoops possible. The 
regulators they have encountered side with them on the merits of their 
case, but have denied them the permit due to the rigid wording of the 
regulations. The very agency that denied them the permit, the National 
Oceanic and Atmospheric Administration, says it will not oppose my 
legislation.
  We in Congress are charged with the awesome responsibility of making 
sure justice is served in the laws we create. I say let the merits of 
the case determine the precedent we set. With every bill Congress 
passes we create a precedent.
  Mr. President, Dave and Barbara Seibel have fished in the waters off 
the coast of the Pacific Northwest since 1968, and in the groundfish 
fishery since 1976. They are classic examples of historical fishermen, 
as defined under the Magnuson Fishery Conservation and Management Act. 
The Seibels are an example of the category of fishermen that were meant 
to be included in the Pacific Coast Groundfish Limited Entry Program.
  As happens to those that go to sea in ships, the Seibels have felt 
the bitter sting of losing their boat, and much more tragically, losing 
the three crewmen aboard. On March 9, 1989, their 75-foot F/V Ronnie C. 
and crew were lost at sea. The loss was devastating. In deciding how to 
continue in the fishery after this loss, the Seibels sought to resume 
the fishing done by the lost vessel using their other boat, the 150 
foot F/V A J. While the Seibels have fished all these years, and the 
Ronnie C. had a groundfish permit from the National Marine Fisheries 
Service, the F/V A J did not. In 1991, the F/V A J sat at the dock, so 
that year the F/V A J did not fulfill the 1994 National Marine 
Fisheries Service regulations. The regulations call for two 500-pound 
catches of fish per year from 1989-91. The Seibels had no market for 
the whiting they might have caught in 1991 because the groundfishery 
was in the throes of changing from factory processor deliveries at-sea 
to the not yet geared-up shoreside processing plants. So the boat sat 
at the dock. The boat, the F/V A J, did meet the 
requirements the two previous years when they sold to the at-sea 
processors.
  Oregonians can be very practical people, Mr. President, especially 
the independent fishermen. Their logic tells them that if you can't 
sell any fish, it's a waste of time to harvest the fish from the sea 
and let them rot on the boat.
  So, right between the regulatory cracks this fishing family fell. In 
one part of the National Marine Fisheries Service regulations, it 
specifically refers to the consideration of occurrences beyond the 
owners control, but this is not specifically stated throughout the 
regulation, a bureaucratic oversight, no doubt. So, National Marine 
Fisheries Service has followed the very letter of its regulations and 
denied a permit that would let the Seibel's fish with their one boat 
that is still above water.
  The Seibels have gone through the council review process, the review 
board having decided in their favor. The Seibels have gone to the 
Pacific Fishery Management Council, the council having voted 
unanimously in favor of reconsideration of the Seibel'situation by the 
National Marine Fisheries Service. Still, National Marine Fisheries 
Service cannot reverse its original decision and issue a permit for the 
F/V A J due to the wording of the regulations.
  The legislation I am introducing moves the original permit to the 
Seibel's remaining boat. Quite simply, the Seibels will have no 
permitted boat with which to fish for Pacific groundfish next spring, 
Mr. President. And since they will not be able to finance the boat 
without a permit, they will loose their boat. And since fishing is 
their livelihood, they will be unable to make a living. I ask for my 
colleague's support for letting the Seibels get on with their lives as 
working and productive people of this country.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record,  as follows:

                                S. 2508

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

     SECTION 1. FISHING ENDORSEMENT.

       Notwithstanding any other provision of law, the size 
     endorsement on Pacific Coast Groundfish Limited Entry Permit 
     Number GF0351, issued to Ronnie C. Fisheries Incorporated, is 
     hereby amended to read ``150 feet'' length overall.
                                 ______

      By Mr. MOYNIHAN:
  S. 2509. A bill to establish an American Heritage Areas Partnership 
Program in the Department of the Interior; to the Committee on Energy 
and Natural Resources.


          the american heritage areas partnership act of 1994

 Mr. MOYNIHAN. Mr. President, I introduce the American Heritage 
Partnership Act of 1994. This bill will recognize the natural, 
cultural, historic, and scenic resources and recreational opportunities 
that together constitute the idea of the American heritage. The bill 
will also preserve and protect these unique resources and make easier 
their enjoyment by Americans from near and far.
  It is no easy task to define an American heritage area, but here we 
do so by saying it means a place where natural, cultural, historic, or 
scenic resources, or a combination thereof, combine to form a cohesive, 
nationally distinctive landscape that has developed from patterns of 
human activity shaped by geography. Heritage areas are together 
representative of the national experience, as demonstrated through the 
physical features that remain and the traditions that have evolved 
there.
  The Secretary of the Interior may award grants to help identify areas 
that meet the requirements for this designation and to prepare the 
management plan that is required before designation. One of the 
criteria for designation is the presence of residents, nonprofit 
organizations, other private entities, and governments within the 
proposed area that have demonstrated support for the designation and 
the implementation of the management plan. Without such local support, 
a proposal would not meet the criteria.
  Mr. President, this bill will make possible the enjoyment and 
protection of many unique facets of American life for us and for future 
generations. I am hopeful that one or more areas in New York will be 
considered worthy of this designation. But that is for the future. We 
must first enact the bill, and for that I ask my colleagues' 
support.

                          ____________________