[Congressional Record Volume 141, Number 1 (Wednesday, January 4, 1995)]
[Senate]
[Pages S53-S171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page S53]]
Vol. 141 WASHINGTON, WEDNESDAY, JANUARY 4, 1995 No. 1--Part II
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Senate
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KEMPTHORNE (for himself, Mr. Dole, Mr. Glenn, Mr. Roth,
Mr. Domenici, Mr. Exon, Mr. Coverdell, Mr. Brown, Mr. Burns,
Mr. Craig, Mr. Faircloth, Mr. Gregg, Mr. Bennett, Mrs.
Hutchison, Mr. Abraham, Mr. Ashcroft, Mr. Bond, Mr. Breaux, Mr.
Campbell, and Mr. Coats):
S. 1. A bill to curb the practice of imposing unfunded Federal
mandates on States and local governments; to strengthen the partnership
between the Federal Government and State, local, and tribal
governments; to end the imposition, in the absence of full
consideration by Congress, of Federal mandates on State, local, and
tribal governments without adequate funding, in a manner that may
displace other essential governmental priorities; and to ensure that
the Federal Government pays the costs incurred by those governments in
complying with certain requirements under Federal statutes and
regulations; and for other purposes; to the Committee on the Budget and
the Committee on Governmental Affairs, jointly, pursuant to the order
of August 4, 1977, with instructions that if one committee reports, the
other committees have 30 days to report or be discharged.
unfunded mandate reform act
Mr. KEMPTHORNE. Mr. President, I would like to make a few comments
concerning Senate bill 1. I appreciate greatly what the majority
leader, Senator Dole, stated about Senate bill 1 and the fact he has
designated that, in fact, Senate bill 1.
All across America, literally thousands of mayors and county
commissioners, school board members, and Governors are absolutely
delighted with the fact that this reform measure has been selected by
the majority leader, Senator Dole, in a bipartisan fashion to deal with
this dilemma of unfunded Federal mandates.
For State and local officials, Senate bill 1 represents the reform
that they have wanted for years concerning unfunded Federal mandates.
Senate bill 1 also represents, Mr. President, hope, hope that finally
Congress is going to craft that sort of Federal partnership that we
talk about in acknowledging that local and State governments are
Federal partners with this Government.
Senate bill 1 also offers to business men and women relief from
mandates and regulations imposed by Congress and the Federal agencies
without knowing the costs. The issue of who best governs and decides
local issues is at the heart of the unfunded mandate debate, and right
now, Congress does not know the costs nor does it pay for these Federal
mandates.
Because Congress passes legislation without ever knowing the costs or
consequences to State and local governments, the number and costs of
these unfunded mandates continue to escalate. As mayors and Governors
struggle to find the money to pay for Washington dictates, they have
been sending a strong message to Washington, DC. Their message was
simple but it was continuous. Their message has been that unfunded
Federal mandates are wrong. They have been saying that they keep us
from putting policemen on our streets; they reduce classroom
instruction in our schools; they prevent us from balancing our budgets.
I found so interesting the comment by the Democrat Governor of
Nebraska, Ben Nelson, who is a friend of mine, when he said, ``I was
elected Governor, not the administrator of Federal programs for
Nebraska.''
I think that sums up what has been happening. We have overstepped our
bounds in our regulations to our State and local governments.
Congress is getting the message, and where once you in Washington did
not know what a funded mandate was, fighting unfunded mandates is S. 1,
front and center. We are going to deal with it.
I am proud to join with Senator Dole and with Senator Glenn and
Senator Roth and Senator Domenici and Senator Exon, and a number of
other Senators, in cosponsoring this legislation so that we now have a
majority of Senators who are cosponsors of S. 1 the first day of this
104th Congress.
This legislation forces Congress to know mandate policy. It requires
Congress to fund mandates imposed on State and local governments. If we
do not, they can be ruled out of order and a rollcall vote will decide
whether the Senate should consider unfunded mandate legislation. To
quote Victor Ashe, mayor of Knoxville, ``S. 1 is a serious and tough
mandate in its form and will begin to restore the partnership which the
founders of this Nation intended to exist between the Federal
Government and State and local governments.''
S. 1 uses the same principles guiding last year's legislation
unanimously approved by the Senate Governmental Affairs Committee and
cosponsored by 67 Senators. Specifically, this new bill creates a point
of order that requires any legislation imposing a mandate greater than
$50 million on State and local governments must have a Congressional
Budget Office estimate of the total cost of the mandate. It further
requires that the legislation must include the funding to pay for the
costs of the mandate through direct funding, new taxes, or
appropriations. If the mandate is to be paid for by the appropriations
bill, then the money to pay all direct costs in compliance with the
mandate must be appropriated. Or, if it is not fully funded, then one
of two
[[Page S54]] things must happen: Either the mandate does not take
effect or the mandate must be scaled back to a level commensurate with
the reduced level of the appropriation. If those elements are not in
the bill, the imposed mandate-making legislation is out of order.
S. 1 also requires that our partners in local and State government be
consulted by the Congressional Budget Office. Additionally, legislation
imposing mandates greater than $200 million on the private sector must
have a CBO mandate cost estimate or be ruled out of order. These
provisions also apply to amendments in conference reports where the
price tag of the legislation is often increased.
Mr. President, I wish to emphasize that this legislation is not
intended to stop compliance with mandates and regulations already in
place. The goal is to stop the imposition of future unfunded Federal
mandates, to stop Congress from passing laws and then requiring local
and State governments to pay for them. It is not right for Federal
programs to be paid for by local property taxes.
Mr. President, to gauge the impact that these new laws are having,
one only needs to look at the fallout in the National Voter
Registration Act of 1993, which passed the Congress last session.
Today, 13 States have refused to obey this motor-voter bill, and one
State, California, is suing the Federal Government because of the cost
of the tab they have to pay. Governor Pete Wilson says that this motor-
voter provision violates the 10th amendment, which Senator Dole
referenced so eloquently in his comments.
I think there is something ironic and symbolic, Mr. President, in the
fact that the number of States currently objecting to this Federal
mandate is 13, the same number of those original 13 States that,
through their vision, combined to create the United States of America,
those visionaries who were bound to protect the intrusive behavior of
the Federal Government. This legislation is a great step forward in
carrying out what the Founding Fathers intended.
We have worked closely, too, with our colleagues in the House. A
companion bill has been developed in the House. I am confident that
once the Senate passes this legislation, it will pass in the House of
Representatives.
Mr. President, on November 8, when we had the election, there were a
series of messages that were sent. The people said they did not want
business as usual from Congress, and they also said, I think, that they
do not want us to get entrenched in partisan politics because we do not
get things done that really need to get done. They said they want us to
work for what is right for this country, and that is why we must
endeavor to find opportunities for bipartisan support.
This legislation has that bipartisan support. I wish to thank Senator
Glenn and Senator Roth for their leadership and partnership in this
important piece of legislation.
I wish to note that last session, when we were not in the majority,
Senator Glenn was the chairman of the Governmental Affairs Committee.
When unfunded Federal mandates was not a top-of-the-mind response, he
worked with us and forged some progressive opportunities for us to come
forward with what ultimately now is S. 1. He and his staff, Sebastian
O'Kelly, Larry Novey, and Len Weiss, have been very helpful in all of
this; Senator Roth, who throughout this recess has been working with
us, and his staff, Frank Polk and John Mercer. That is the sort of
bipartisan effort I think we want. Additionally, Senator Domenici, the
chairman of the Budget Committee, and Senator Exon, the ranking member,
have been invaluable resources in getting us to this point with S. 1.
I also want to acknowledge Senator Byron Dorgan for his effort in
authorizing the private-sector point of order that is included in this
bill, and Senators Domenici and Nickles for their efforts to include in
this bill provisions directing Federal agencies to analyze and report
the effects that imposed regulations will have on the Nation's economy
and productivity and international competitiveness.
Mr. President, this legislation already has the strong endorsement of
the U.S. Conference of Mayors, National Association of Counties,
National League of Cities, the National Governors Association, the
Council of State Governments, the National Conference of State
Legislatures, the National School Boards Association, and, I am proud
to say, the U.S. Chamber of Commerce, the National Federation of
Independent Business, and the National Retail Federation--not only
bipartisan, but it is public and private sectors working together in
true partnership fashion.
Mr. GLENN. Mr. President, I know the time is short. The Senator was
giving a litany of those who worked hard on this, including myself, but
he left himself out. No one has stuck to this any more than he has.
I know last year, when I was chairman of the Governmental Affairs
Committee, if we went more than a week without having something on the
schedule over there on this subject, he was on my back about it, and
properly so. He has stuck with this. He has traveled the whole country
meeting with this group of seven. He has been a real sparkplug on this,
and deserves a tremendous amount of credit himself. And while I may
make some comments in a little bit, while I was in the Chamber I wanted
to make sure he got some recognition on this, too.
I appreciate his earlier comments very much. I thank the Chair.
Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
I ask unanimous consent that the letters of endorsement be made a
part of the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 1
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 ``Unfunded Mandate Reform Act
of 1995''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to strengthen the partnership between the Federal
Government and States, local governments, and tribal
governments;
(2) to end the imposition, in the absence of full
consideration by Congress, of Federal mandates on States,
local governments, and tribal governments without adequate
Federal funding, in a manner that may displace other
essential State, local, and tribal governmental priorities;
(3) to assist Congress in its consideration of proposed
legislation establishing or revising Federal programs
containing Federal mandates affecting States, local
governments, tribal governments, and the private sector by--
(A) providing for the development of information about the
nature and size of mandates in proposed legislation; and
(B) establishing a mechanism to bring such information to
the attention of the Senate and the House of Representatives
before the Senate and the House of Representatives vote on
proposed legislation;
(4) to promote informed and deliberate decisions by
Congress on the appropriateness of Federal mandates in any
particular instance;
(5) to require that Congress consider whether to provide
funding to assist State, local, and tribal governments in
complying with Federal mandates, to require analyses of the
impact of private sector mandates, and through the
dissemination of that information provide informed and
deliberate decisions by Congress and Federal agencies and
retain competitive balance between the public and private
sectors;
(6) to establish a point-of-order vote on the consideration
in the Senate and House of Representatives of legislation
containing significant Federal mandates; and
(7) to assist Federal agencies in their consideration of
proposed regulations affecting States, local governments, and
tribal governments, by--
(A) requiring that Federal agencies develop a process to
enable the elected and other officials of States, local
governments, and tribal governments to provide input when
Federal agencies are developing regulations; and
(B) requiring that Federal agencies prepare and consider
better estimates of the budgetary impact of regulations
containing Federal mandates upon States, local governments,
and tribal governments before adopting such regulations, and
ensuring that small governments are given special
consideration in that process.
SEC. 3. DEFINITIONS.
(a) In General.--For purposes of this Act--
(1) the terms defined under paragraphs (11) through (21) of
section 3 of the Congressional Budget and Impoundment Control
Act of 1974 (as added by subsection (b) of this section)
shall have the meanings as so defined; and
(2) the term ``Director'' means the Director of the
Congressional Budget Office.
(b) Congressional Budget and Impoundment Control Act of
1974.--Section 3 of the Congressional Budget and Impoundment
[[Page S55]] Control Act of 1974 is amended by adding at the
end thereof the following new paragraphs:
``(11) The term `Federal intergovernmental mandate' means--
``(A) any provision in legislation, statute, or regulation
that--
``(i) would impose an enforceable duty upon States, local
governments, or tribal governments, except--
``(I) a condition of Federal assistance or
``(II) a duty arising from participation in a voluntary
Federal program, except as provided in subparagraph (B)); or
``(ii) would reduce or eliminate the amount of
authorization of appropriations for Federal financial
assistance that would be provided to States, local
governments, or tribal governments for the purpose of
complying with any such previously imposed duty unless such
duty is reduced or eliminated by a corresponding amount; or
``(B) any provision in legislation, statute, or regulation
that relates to a then-existing Federal program under which
$500,000,000 or more is provided annually to States, local
governments, and tribal governments under entitlement
authority, if the provision--
``(i)(I) would increase the stringency of conditions of
assistance to States, local governments, or tribal
governments under the program; or
``(II) would place caps upon, or otherwise decrease, the
Federal Government's responsibility to provide funding to
States, local governments, or tribal governments under the
program; and
``(ii) the States, local governments, or tribal governments
that participate in the Federal program lack authority under
that program to amend their financial or programmatic
responsibilities to continue providing required services that
are affected by the legislation, statute or regulation.
``(12) The term `Federal private sector mandate' means any
provision in legislation, statute, or regulation that--
``(A) would impose an enforceable duty upon the private
sector except--
``(i) a condition of Federal assistance; or
``(ii) a duty arising from participation in a voluntary
Federal program; or
``(B) would reduce or eliminate the amount of authorization
of appropriations for Federal financial assistance that will
be provided to the private sector for the purposes of
ensuring compliance with such duty.
``(13) The term `Federal mandate' means a Federal
intergovernmental mandate or a Federal private sector
mandate, as defined in paragraphs (11) and (12).
``(14) The terms `Federal mandate direct costs' and `direct
costs'--
``(A)(i) in the case of a Federal intergovernmental
mandate, mean the aggregate estimated amounts that all
States, local governments, and tribal governments would be
required to spend in order to comply with the Federal
intergovernmental mandate; or
``(ii) in the case of a provision referred to in paragraph
(11)(A)(ii), mean the amount of Federal financial assistance
eliminated or reduced.
``(B) in the case of a Federal private sector mandate, mean
the aggregate estimated amounts that the private sector will
be required to spend in order to comply with the Federal
private sector mandate;
``(C) shall not include--
``(i) estimated amounts that the States, local governments,
and tribal governments ( in the case of a Federal
intergovernmental mandate) or the private sector (in the case
of a Federal private sector mandate) would spend--
``(I) to comply with or carry out all applicable Federal,
State, local, and tribal laws and regulations in effect at
the time of the adoption of the Federal mandate for the same
activity as is affected by that Federal mandate; or
``(II) to comply with or carry out State, local
governmental, and tribal governmental programs, or private-
sector business or other activities in effect at the time of
the adoption of the Federal mandate for the same activity as
is affected by that mandate; or
``(ii) expenditures to the extent that such expenditures
will be offset by any direct savings to the States, local
governments, and tribal governments, or by the private
sector, as a result of--
``(I) compliance with the Federal mandate; or
``(II) other changes in Federal law or regulation that are
enacted or adopted in the same bill or joint resolution or
proposed or final Federal regulation and that govern the same
activity as is affected by the Federal mandate; and
``(D) shall be determined on the assumption that State,
local, and tribal governments, and the private sector will
take all reasonable steps necessary to mitigate the costs
resulting from the Federal mandate, and will comply with
applicable standards of practice and conduct established by
recognized professional or trade associations. Reasonable
steps to mitigate the costs shall not include increases in
State, local, or tribal taxes or fees.
``(15) The term `amount' means the amount of budget
authority for any Federal grant assistance program or any
Federal program providing loan guarantees or direct loans.
``(16) The term `private sector' means individuals,
partnerships, associations, corporations, business trusts, or
legal representatives, organized groups of individuals, and
educational and other nonprofit institutions.
``(17) The term `local government' has the same meaning as
in section 6501(6) of title 31, United States Code.
``(18) The term `tribal government' means any Indian tribe,
band, nation, or other organized group or community,
including any Alaska Native village or regional or village
corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act (83 Stat. 688; 43 U.S.C.
1601 et seq.) which is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their special status as Indians.
``(19) The term `small government' means any small
governmental jurisdictions defined in section 601(5) of title
5, United States Code, and any tribal government.
``(20) The term `State' has the same meaning as in section
6501(9) of title 31, United State Code.''
``(21) The term `agency' has the meaning as defined in
section 551(1) of title 5, United States Code, but does not
include independent regulatory agencies, as defined in
section 3502(10) of title 44, United States Code.
``(22) The term `regulation' or `rule' has the meaning of
``rule'' as defined in section 601(2) of title 5, United
States Code.''.
SEC. 4. EXCLUSIONS.
The provisions of this Act and the amendments made by this
Act shall not apply to any provision in a bill or joint
resolution before Congress and any provision in a proposed or
final Federal regulation that--
(1) enforces constitutional rights of individuals;
(2) establishes or enforces any statutory rights that
prohibit discrimination on the basis of race, religion,
gender, national origin, or handicapped or disability status;
(3) requires compliance with accounting and auditing
procedures with respect to grants or other money or property
provided by the United States Government;
(4) provides for emergency assistance or relief at the
request of any State, local, or tribal government or any
official of a State, local, or tribal government;
(5) is necessary for the national security or the
ratification or implementation of international treaty
obligations; or
(6) the President designates as emergency legislation and
that the Congress so designates in statute.
SEC. 5. AGENCY ASSISTANCE.
Each agency shall provide to the Director of the
Congressional Budget Office such information and assistance
as the Director may reasonably request to assist the Director
in carrying out this Act.
TITLE I--LEGISLATIVE ACCOUNTABILITY AND REFORM
SEC. 101. LEGISLATIVE MANDATE ACCOUNTABILITY AND REFORM.
(a) In General.--Title IV of the Congressional Budget and
Impoundment Control Act of 1974 is amended by adding at the
end thereof the following new section:
``SEC. 408. LEGISLATIVE MANDATE ACCOUNTABILITY AND REFORM.
``(a) Duties of Congressional Committees.--
``(1) In general.--When a committee of authorization of the
Senate or the House of Representatives reports a bill or
joint resolution of public character that includes any
Federal mandate, the report of the committee accompanying the
bill or joint resolution shall contain the information
required by paragraphs (3) and (4).
``(2) Submission of bills to the director.--When a
committee of authorization of the Senate or the House of
Representatives orders reported a bill or joint resolution of
a public character, the committee shall promptly provide the
bill or joint resolution to the Director of the Congressional
Budget Office and shall identify to the Director any Federal
mandates contained in the bill or resolution.
``(3) Reports on federal mandates.--Each report described
under paragraph (1) shall contain--
``(A) an identification and description of any Federal
mandates in the bill or joint resolution, including the
expected direct costs to State, local, and tribal
governments, and to the private sector, required to comply
with the Federal mandates;
``(B) a qualitative, and if practicable, a quantitative
assessment of costs and benefits anticipated from the Federal
mandates (including the effects on health and safety and the
protection of the natural environment); and
``(C) a statement of the degree to which a Federal mandate
affects both the public and private sectors and the extent to
which Federal payment of public sector costs would affect the
competitive balance between State, local, or tribal
governments and privately owned businesses.
``(4) Intergovernmental mandates.--If any of the Federal
mandates in the bill or joint resolution are Federal
intergovernmental mandates, the report required under
paragraph (1) shall also contain--
``(A)(i) a statement of the amount, if any, of increase or
decrease in authorization of appropriations under existing
Federal financial assistance programs, or of authorization of
appropriations for new Federal financial assistance, provided
by the bill or joint resolution and usable for activities of
State, local, or tribal governments subject to the Federal
intergovernmental mandates; and
``(ii) a statement of whether the committee intends that
the Federal intergovernmental mandates be partly or entirely
unfunded, and if so, the reasons for that intention; and
[[Page S56]] ``(B) any existing sources of Federal
assistance in addition to those identified in subparagraph
(A) that may assist State, local, and tribal governments in
meeting the direct costs of the Federal intergovernmental
mandates.
``(5) Preemption clarification and information.--When a
committee of authorization of the Senate or the House of
Representatives reports a bill or joint resolution of public
character, the committee report accompanying the bill or
joint resolution shall contain, if relevant to the bill or
joint resolution, an explicit statement on the extent to
which the bill or joint resolution preempts any State, local,
or tribal law, and, if so, an explanation of the reasons for
such preemption.
``(6) Publication of statement from the director.--
``(A) Upon receiving a statement (including any
supplemental statement) from the Director under subsection
(b)(1), a committee of the Senate or the House of
Representatives shall publish the statement in the committee
report accompanying the bill or joint resolution to which the
statement relates if the statement is available at the time
the report is printed.
``(B) If the statement is not published in the report, or
if the bill or joint resolution to which the statement
relates is expected to be considered by the Senate or the
House of Representatives before the report is published, the
committee shall cause the statement, or a summary thereof, to
be published in the Congressional Record in advance of floor
consideration of the bill or joint resolution.
``(b) Duties of the Director.--
``(1) Statements on bills and joint resolutions other than
appropriations bills and joint resolutions.--
``(A) Federal intergovernmental mandates in reported bills
and resolutions.--For each bill or joint resolution of a
public character reported by any committee of authorization
of the Senate or the House of Representatives, the Director
of the Congressional Budget Office shall prepare and submit
to the committee a statement as follows:
``(i) If the Director estimates that the direct cost of all
Federal intergovernmental mandates in the bill or joint
resolution will equal or exceed $50,000,000 (adjusted
annually for inflation) in the fiscal year in which any
Federal intergovernmental mandate in the bill or joint
resolution (or in any necessary implementing regulation)
would first be effective or in any of the 4 fiscal years
following such fiscal year, the Director shall so state,
specify the estimate, and briefly explain the basis of the
estimate.
``(ii) The estimate required under clause (i) shall include
estimates (and brief explanations of the basis of the
estimates) of--
``(I) the total amount of direct cost of complying with the
Federal intergovernmental mandates in the bill or joint
resolution; and
``(II) the amount, if any, of increase in authorization of
appropriations under existing Federal financial assistance
programs, or of authorization of appropriations for new
Federal financial assistance, provided by the bill or joint
resolution and usable by State, local, or tribal governments
for activities subject to the Federal intergovernmental
mandates.
``(B) Federal private sector mandates in reported bills and
joint resolutions.--For each bill or joint resolution of a
public character reported by any committees of authorization
of the Senate or the House of Representatives, the Director
of the Congressional Budget Office shall prepare and submit
to the committee a statement as follows:
``(i) If the Director estimates that the direct cost of all
Federal private sector mandates in the bill or joint
resolution will equal or exceed $200,000,000 (adjusted
annually for inflation) in the fiscal year in which any
Federal private sector mandate in the bill or joint
resolution (or in any necessary implementing regulation)
would first be effective or in any of the 4 fiscal years
following such fiscal year, the Director shall so state,
specify the estimate, and briefly explain the basis of the
estimate.
``(ii) Estimates required under this subparagraph shall
include estimates (and a brief explanation of the basis of
the estimates) of--
``(I) the total amount of direct costs of complying with
the Federal private sector mandates in the bill or joint
resolution; and
``(II) the amount, if any, of increase in authorization of
appropriations under existing Federal financial assistance
programs, or of authorization of appropriations for new
Federal financial assistance, provided by the bill or joint
resolution usable by the private sector for the activities
subject to the Federal private sector mandates.
``(iii) If the Director determines that it is not feasible
to make a reasonable estimate that would be required under
clauses (i) and (ii), the Director shall not make the
estimate, but shall report in the statement that the
reasonable estimate cannot be made and shall include the
reasons for that determination in the statement.
``(C) Legislation falling below the direct costs
thresholds.--If the Director estimates that the direct costs
of a Federal mandate will not equal or exceed the thresholds
specified in paragraphs (A) and (B), the Director shall so
state and shall briefly explain the basis of the estimate.
``(c) Legislation Subject to Point of Order in the
Senate.--
``(1) In general.--It shall not be in order in the Senate
to consider--
``(A) any bill or joint resolution that is reported by a
committee unless the committee has published a statement of
the Director on the direct costs of Federal mandates in
accordance with subsection (a)(6) before such consideration;
and
``(B) any bill, joint resolution, amendment, motion, or
conference report that would increase the direct costs of
Federal intergovernmental mandates by an amount that causes
the thresholds specified in subsection (b)(1)(A)(i) to be
exceeded, unless--
``(i) the bill, joint resolution, amendment, motion, or
conference report provides direct spending authority for each
fiscal year for the Federal intergovernmental mandates
included in the bill, joint resolution, amendment, motion, or
conference report in an amount that is equal to the estimated
direct costs of such mandate;
``(ii) the bill, joint resolution, amendment, motion, or
conference report provides an increase in receipts and an
increase in direct spending authority for each fiscal year
for the Federal intergovernmental mandates included in the
bill, joint resolution, amendment, motion, or conference
report in an amount equal to the estimated direct costs of
such mandate; or
``(iii) the bill, joint resolution, amendment, motion, or
conference report includes an authorization for
appropriations in an amount equal to the estimated direct
costs of such mandate, and--
``(I) identifies a specific dollar amount estimate of the
full direct costs of the mandate for each year or other
period during which the mandate shall be in effect under the
bill, joint resolution, amendment, motion or conference
report, and such estimate is consistent with the estimate
determined under paragraph (3) for each fiscal year;
``(II) identifies any appropriation bill that is expected
to provide for Federal funding of the direct cost referred to
under subclause (IV)(aa);
``(III) identifies the minimum amount that must be
appropriated in each appropriations bill referred to in
subclause (II), in order to provide for full Federal funding
of the direct costs referred to in subclause (I); and
``(IV)(aa) designates a responsible Federal agency and
establishes criteria and procedures under which such agency
shall implement less costly programmatic and financial
responsibilities of State, local, and tribal governments in
meeting the objectives of the mandate, to the extent that an
appropriation Act does not provide for the estimated direct
costs of such mandate as set forth under subclause (III); or
``(bb) designates a responsible Federal agency and
establishes criteria and procedures to direct that, if an
appropriation Act does not provide for the estimated direct
costs of such mandate as set forth under subclause (III),
such agency shall declare such mandate to be ineffective as
of October 1 of the fiscal year for which the appropriation
is not at least equal to the direct costs of the mandate.
``(2) Rule of construction.--The provisions of paragraph
(1)(B)(iii)(IV)(aa) shall not be construed to prohibit or
otherwise restrict a State, local, or tribal government from
voluntarily electing to remain subject to the original
Federal intergovernmental mandate, complying with the
programmatic or financial responsibilities of the original
Federal intergovernmental mandate and providing the funding
necessary consistent with the costs of Federal agency
assistance, monitoring, and enforcement.
``(3) Committee on appropriations.--Paragraph (1) shall not
apply to matters that are within the jurisdiction of the
Committee on Appropriations of the Senate or the House of
Representatives.
``(4) Determination of applicability to pending
legislation.--For purposes of this subsection, on questions
regarding the applicability of this Act to a pending bill,
joint resolution, amendment, motion, or conference report,
the Committee on Governmental Affairs of the Senate, or the
Committee on Government Reform and Oversight of the House of
Representatives, as applicable, shall have the authority to
make the final determination.
``(5) Determinations of federal mandate levels.--For the
purposes of this subsection, the levels of Federal mandates
for a fiscal year shall be determined based on the estimates
made by the Committee on the Budget of the Senate or the
House of Representatives, as the case may be.
``(d) Enforcement in the House of Representatives.--It
shall not be in order in the House of Representatives to
consider a rule or order that waives the application of
subsection (c) to a bill or joint resolution reported by a
committee of authorization.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Congressional Budget and
Impoundment Control Act of 1974 is amended by adding after
the item relating to section 407 the following new item:
``Sec. 408. Legislative mandate accountability and reform.''.
SEC. 102. ENFORCEMENT IN THE HOUSE OF REPRESENTATIVES.
(a) Motions to Strike in the Committee of the Whole.--
Clause 5 of rule XXIII of the Rules of the House of
Representatives is amended by adding at the end the
following:
``(c) In the consideration of any measure for amendment in
the Committee of the Whole containing any Federal mandate
the
[[Page S57]] direct costs of which exceed the threshold in
section 408(c) of the Unfunded Mandate Reform Act of 1995, it
shall always be in order, unless specifically waived by terms
of a rule governing consideration of that measure, to move to
strike such Federal mandate from the portion of the bill then
open to amendment.''.
(b) Committee on Rules Reports on Waived Points of Order.--
The Committee on Rules shall include in the report required
by clause 1(d) of Rule XI (relating to its activities during
the Congress) of the Rules of the House of Representatives a
separate item identifying all waivers of points of order
relating to Federal mandates, listed by bill or joint
resolution number and the subject matter of that measure.
SEC. 103. ASSISTANCE TO COMMITTEES AND STUDIES.
The Congressional Budget and Impoundment Control Act of
1974 is amended--
(1) in section 202--
(A) in subsection (c)--
(i) by redesignating paragraph (2) as paragraph (3); and
(ii) by inserting after paragraph (1) the following new
paragraph:
``(2) At the request of any committee of the Senate or the
House of Representatives, the Office shall, to the extent
practicable, consult with and assist such committee in
analyzing the budgetary or financial impact of any proposed
legislation that may have--
``(A) a significant budgetary impact on State, local, or
tribal governments; or
``(B) a significant financial impact on the private
sector.'';
(B) by amending subsection (h) to read as follows:
``(h) Studies.--
``(1) Continuing studies.--The Director of the
Congressional Budget Office shall conduct continuing studies
to enhance comparisons of budget outlays, credit authority,
and tax expenditures.
``(2) Federal mandate studies.--
``(A) At the request of any Chairman or ranking member of
the minority of a Committee of the Senate or the House of
Representatives, the Director shall, to the extent
practicable, conduct a study of a Federal mandate legislative
proposal.
``(B) In conducting a study on intergovernmental mandates
under subparagraph (A), the Director shall--
``(i) solicit and consider information or comments from
elected officials (including their designated
representatives) of State, local, or tribal governments as
may provide helpful information or comments;
``(ii) consider establishing advisory panels of elected
officials or their designated representatives, of State,
local, or tribal governments if the Director determines that
such advisory panels would be helpful in performing
responsibilities of the Director under this section; and
``(iii) if, and to the extent that the Director determines
that accurate estimates are reasonably feasible, include
estimates of--
``(I) the future direct cost of the Federal mandate to the
extent that such costs significantly differ from or extend
beyond the 5-year period after the mandate is first
effective; and
``(II) any disproportionate budgetary effects of Federal
mandates upon particular industries or sectors of the
economy, States, regions, and urban or rural or other types
of communities, as appropriate.
``(C) In conducting a study on private sector mandates
under subparagraph (A), the Director shall provide estimates,
if and to the extent that the Director determines that such
estimates are reasonably feasible, of--
``(i) future costs of Federal private sector mandates to
the extent that such mandates differ significantly from or
extend beyond the 5-year time period referred to in
subparagraph (B)(iii)(I);
``(ii) any disproportionate financial effects of Federal
private sector mandates and of any Federal financial
assistance in the bill or joint resolution upon any
particular industries or sectors of the economy, States,
regions, and urban or rural or other types of communities;
and
``(iii) the effect of Federal private sector mandates in
the bill or joint resolution on the national economy,
including the effect on productivity, economic growth, full
employment, creation of productive jobs, and international
competitiveness of United States goods and services.''; and
(2) in section 301(d) by adding at the end thereof the
following new sentence: ``Any Committee of the House of
Representatives or the Senate that anticipates that the
committee will consider any proposed legislation
establishing, amending, or reauthorizing any Federal program
likely to have a significant budgetary impact on any State,
local, or tribal government, or likely to have a significant
financial impact on the private sector, including any
legislative proposal submitted by the executive branch likely
to have such a budgetary or financial impact, shall include
its views and estimates on that proposal to the Committee on
the Budget of the applicable House.''.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the
Congressional Budget Office $4,500,000 for each of the fiscal
years 1996, 1997, 1998, 1999, 2000, 2001, and 2002 to carry
out the provisions of this Act.
SEC. 105. EXERCISE OF RULEMAKING POWERS.
The provisions of sections 101, 102, 103, 104, and 107 are
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they shall be considered as part of the rules of such House,
respectively, and such rules shall supersede other rules only
to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same
extent as in the case of any other rule of each House.
SEC. 106. REPEAL OF CERTAIN ANALYSIS BY CONGRESSIONAL BUDGET
OFFICE.
(a) In General.--Section 403 of the Congressional Budget
Act of 1974 (2 U.S.C. 653) is repealed.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Congressional Budget and
Impoundment Control Act of 1974 is amended by striking out
the item relating to section 403.
SEC. 107. EFFECTIVE DATE.
This title shall take effect on January 1, 1996 and shall
apply only to legislation introduced on and after such date.
TITLE II--REGULATORY ACCOUNTABILITY AND REFORM
SEC. 201. REGULATORY PROCESS.
(a) In General.--Each agency shall, to the extent permitted
in law--
(1) assess the effects of Federal regulations on State,
local, and tribal governments (other than to the extent that
such regulations incorporate requirements specifically set
forth in legislation), and the private sector including
specifically the availability of resources to carry out any
Federal intergovernmental mandates in those regulations; and
(2) seek to minimize those burdens that uniquely or
significantly affect such governmental entities, consistent
with achieving statutory and regulatory objectives.
(b) State, Local, and Tribal Government Input.--Each agency
shall, to the extent permitted in law, develop an effective
process to permit elected officials (or their designated
representatives) of State, local, and tribal governments to
provide meaningful and timely input in the development of
regulatory proposals containing significant Federal
intergovernmental mandates. Such a process shall be
consistent with all applicable laws.
(c) Agency Plan.--
(1) Effects on state, local and tribal governments.--Before
establishing any regulatory requirements that might
significantly or uniquely affect small governments, agencies
shall have developed a plan under which the agency shall--
(A) provide notice of the contemplated requirements to
potentially affected small governments, if any;
(B) enable officials of affected small governments to
provide input under subsection (b); and
(C) inform, educate, and advise small governments on
compliance with the requirements.
(2) Authorization of appropriations.--There are authorized
to be appropriated to each agency to carry out the provisions
of this section, and for no other purpose, such sums as are
necessary.
SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFICANT REGULATORY
ACTIONS.
(a) In General.--Before promulgating any final rule that
includes any Federal intergovernmental mandate that may
result in the expenditure by State, local, or tribal
governments, and the private sector, in the aggregate, of
$100,000,000 or more (adjusted annually for inflation by the
Consumer Price Index) in any 1 year, and before promulgating
any general notice of proposed rulemaking that is likely to
result in promulgation of any such rule, the agency shall
prepare a written statement containing--
(1) estimates by the agency, including the underlying
analysis, of the anticipated costs to State, local, and
tribal governments and the private sector of complying with
the Federal intergovernmental mandate, and of the extent to
which such costs may be paid with funds provided by the
Federal Government or otherwise paid through Federal
financial assistance;
(2) estimates by the agency, if and to the extent that the
agency determines that accurate estimates are reasonably
feasible, of--
(A) the future costs of the Federal intergovernmental
mandate; and
(B) any disproportionate budgetary effects of the Federal
intergovernmental mandate upon any particular regions of the
Nation or particular State, local, or tribal governments,
urban or rural or other types of communities;
(3) a qualitative, and if possible, a quantitative
assessment of costs and benefits anticipated from the Federal
intergovernmental mandate (such as the enhancement of health
and safety and the protection of the natural environment);
(4) the effect of the Federal private sector mandate on the
national economy, including the effect on productivity,
economic growth, full employment, creation of productive
jobs, and international competitiveness of United States
goods and services; and
(5)(A) a description of the extent of the agency's prior
consultation with elected representatives (or their
designated representatives) of the affected State, local, and
tribal governments;
(B) a summary of the comments and concerns that were
presented by State, local, or tribal governments either
orally or in writing to the agency;
[[Page S58]] (C) a summary of the agency's evaluation of
those comments and concerns; and
(D) the agency's position supporting the need to issue the
regulation containing the Federal intergovernmental mandates
(considering, among other things, the extent to which costs
may or may not be paid with funds provided by the Federal
Government).
(b) Promulgation.--In promulgating a general notice of
proposed rulemaking or a final rule for which a statement
under subsection (a) is required, the agency shall include in
the promulgation a summary of the information contained in
the statement.
(c) Preparation in Conjunction With Other Statement.--Any
agency may prepare any statement required under subsection
(a) in conjunction with or as a part of any other statement
or analysis, provided that the statement or analysis
satisfies the provisions of subsection (a).
SEC. 203. ASSISTANCE TO THE CONGRESSIONAL BUDGET OFFICE.
The Director of the Office of Management and Budget shall--
(1) collect from agencies the statements prepared under
section 202; and
(2) periodically forward copies of such statements to the
Director of the Congressional Budget Office on a reasonably
timely basis after promulgation of the general notice of
proposed rulemaking or of the final rule for which the
statement was prepared.
SEC. 204. PILOT PROGRAM ON SMALL GOVERNMENT FLEXIBILITY.
(a) In General.--The Director of the Office of Management
and Budget, in consultation with Federal agencies, shall
establish pilot programs in at least 2 agencies to test
innovative, and more flexible regulatory approaches that--
(1) reduce reporting and compliance burdens on small
governments; and
(2) meet overall statutory goals and objectives.
(b) Program Focus.--The pilot programs shall focus on rules
in effect or proposed rules, or a combination thereof.
TITLE III--REVIEW OF UNFUNDED FEDERAL MANDATES
SEC. 301. ESTABLISHMENT
There is established a commission which shall be known as
the ``Commission on Unfunded Federal Mandates'' (in this
title referred to as the ``Commission'').
SEC. 302. REPORT ON UNFUNDED FEDERAL MANDATES BY THE
COMMISSION.
(a) In General.--The Commission shall in accordance with
this section--
(1) investigate and review the role of unfunded Federal
mandates in intergovernmental relations and their impact on
local, State, and Federal government objectives and
responsibilities; and
(2) make recommendations to the President and the Congress
regarding--
(A) allowing flexibility for States, local, and tribal
governments in complying with specific unfunded Federal
mandates for which terms of compliance are unnecessarily
rigid or complex;
(B) reconciling any 2 or more unfunded Federal mandates
which impose contradictory or inconsistent requirements;
(C) terminating unfunded Federal mandates which are
duplicative, obsolete, or lacking in practical utility;
(D) suspending, on a temporary basis, unfunded Federal
mandates which are not vital to public health and safety and
which compound the fiscal difficulties of States, local, and
tribal governments, including recommendations for triggering
such suspension;
(E) consolidating or simplifying unfunded Federal mandates,
or the planning or reporting requirements of such mandates,
in order to reduce duplication and facilitate compliance by
States, local, and tribal governments with those mandates;
and
(F) establishing common Federal definitions or standards to
be used by States, local, and tribal governments in complying
with unfunded Federal mandates that use different definitions
or standards for the same terms or principles.
(3) Identification of relevant unfunded Federal mandates.--
Each recommendation under paragraph (2) shall, to the extent
practicable, identify the specific unfunded Federal mandates
to which the recommendation applies.
(b) Criteria.--
(1) In general.--The Commission shall establish criteria
for making recommendations under subsection (a).
(2) Issuance of proposed criteria.--The Commission shall
issue proposed criteria under this subsection not later than
60 days after the date of the enactment of this Act, and
thereafter provide a period of 30 days for submission by the
public of comments on the proposed criteria.
(3) Final criteria.--Not later than 45 days after the date
of issuance of proposed criteria, the Commission shall--
(A) consider comments on the proposed criteria received
under paragraph (2);
(B) adopt and incorporate in final criteria any
recommendations submitted in those comments that the
Commission determines will aid the Commission in carrying out
its duties under this section; and
(C) issue final criteria under this subsection.
(c) Preliminary Report.--
(1) In general.--Not later than 9 months after the date of
the enactment of this Act, the Commission shall--
(A) prepare and publish a preliminary report on its
activities under this subtitle, including preliminary
recommendations pursuant to subsection (a);
(B) publish in the Federal Register a notice of
availability of the preliminary report; and
(C) provide copies of the preliminary report to the public
upon request.
(2) Public hearings.--The Commission shall hold public
hearings on the preliminary recommendations contained in the
preliminary report of the Commission under this subsection.
(d) Final Report.--Not later than 3 months after the date
of the publication of the preliminary report under subsection
(c), the Commission shall submit to the Congress, including
the Committee on Government Reform and Oversight of the House
of Representatives and the Committee on Governmental Affairs
of the Senate, and to the President a final report on the
findings, conclusions, and recommendations of the Commission
under this section.
SEC. 303. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall be composed of 9
members appointed from individuals who possess extensive
leadership experience in and knowledge of States, local, and
tribal governments and intergovernmental relations, including
State and local elected officials, as follows:
(A) 3 members appointed by the Speaker of the House of
Representatives, in consultation with the minority leader of
the House of Representatives.
(B) 3 members appointed by the majority leader of the
Senate, in consultation with the minority leader of the
Senate.
(C) 3 members appointed by the President.
(2) Limitation.--An individual who is a Member or employee
of the Congress may not be appointed or serve as a member of
the Commission.
(b) Waiver of Limitation on Executive Schedule Positions.--
Appointments may be made under this section without regard to
section 5311(b) of title 5, United States Code.
(c) Terms.--
(1) In general.--Each member of the Commission shall be
appointed for the life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(d) Basic Pay.--
(1) Rates of pay.--Members of the Commission shall serve
without pay.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States may not receive additional
pay, allowances, or benefits by reason of their service on
the Commission.
(e) Travel Expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
(f) Chairperson.--The President shall designate a member of
the Commission as Chairperson at the time of the appointment
of that member.
(g) Meetings.--
(1) In general.--Subject to paragraph (2), the Commission
shall meet at the call of the Chairperson or a majority of
its members.
(2) First meeting.--The Commission shall convene its first
meeting by not later than 45 days after the date of the
completion of appointment of the members of the Commission.
(3) Quorum.--A majority of members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
SEC. 304. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND
CONSULTANTS.
(a) Director.--The Commission shall, without regard to
section 5311(b) of title 5, United States Code, have a
Director who shall be appointed by the Commission. The
Director shall be paid at the rate of basic pay payable for
level IV of the Executive Schedule.
(b) Staff.--With the approval of the Commission, and
without regard to section 5311(b) of title 5, United States
Code, the Director may appoint and fix the pay of such staff
as is sufficient to enable the Commission to carry out its
duties.
(c) Applicability of Certain Civil Service Laws.--The
Director and staff of the Commission may be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of the
annual rate payable under section 5376 of title 5, United
States Code.
(d) Experts and Consultants.--The Commission may procure
temporary and intermittent services of experts or consultants
under section 3109(b) of title 5, United States
Code.
(e) Staff of Federal Agencies.--Upon request of the
Director, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in
carrying out its duties under this title.
SEC. 305. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the
purpose of carrying out this title, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Commission considers appropriate.
[[Page S59]] (b) Powers of Members and Agents.--Any member
or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is
authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this title,
except information--
(1) which is specifically exempted from disclosure by law;
or
(2) which that department or agency determines will
disclose--
(A) matters necessary to be kept secret in the interests of
national defense or the confidential conduct of the foreign
relations of the United States;
(B) information relating to trade secrets or financial or
commercial information pertaining specifically to a given
person if the information has been obtained by the Government
on a confidential basis, other than through an application by
such person for a specific financial or other benefit, and is
required to be kept secret in order to prevent undue injury
to the competitive position of such person; or
(C) personnel or medical data or similar data the
disclosure of which would constitute a clearly unwarranted
invasion of personal privacy;
unless the portions containing such matters, information, or
data have been excised.
Upon request of the Chairperson of the Commission, the head
of that department or agency shall furnish that information
to the Commission.
(d) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(e) Administrative Support Services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission
to carry out its duties under this title.
(f) Contract Authority.--The Commission may, subject to
appropriations, contract with and compensate government and
private agencies or persons for property and services used to
carry out its duties under this title.
SEC. 306. TERMINATION.
The Commission shall terminate 90 days after submitting its
final report pursuant to section 302(d).
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission
$1,000,000 to carry out this title.
SEC. 308. DEFINITION.
As used in this title, the term ``unfunded Federal
mandate'' means--
(1) any provision in statute or regulation that imposes an
enforceable duty upon States, local governments, or tribal
governments including a condition of Federal assistance or a
duty arising from participation in a voluntary Federal
program;
(2) relates to a Federal program under which Federal
financial assistance is provided to States, local
governments, or tribal governments under entitlement
authority; or
(3) that imposes any other unfunded obligation on States,
local governments, or tribal governments.
SEC. 309. EFFECTIVE DATE.
This title shall take effect 60 days after the date of the
enactment of this Act.
TITLE IV--JUDICIAL REVIEW
SEC. 401. JUDICIAL REVIEW.
(a) In General.--Any statement or report prepared under
this Act, and any compliance or noncompliance with the
provisions of this Act, and any determination concerning the
applicability of the provisions of this Act shall not be
subject to judicial review.
(b) Rule of Construction.--No provision of this Act or
amendment made by this Act shall be construed to create any
right or benefit, substantive or procedural, enforceable by
any person in any administrative or judicial action. No
ruling or determination made under the provisions of this Act
or amendments made by this Act shall be considered by any
court in determining the intent of Congress or for any other
purpose.
____
National League of Cities,
Washington, DC, December 30, 1994.
Hon. Dirk Kempthorne,
U.S. Senate,
Washington, DC.
Dear Senator Kempthorne: I am writing on behalf of the
elected officials of the nation's cities and towns to commend
you for sponsoring the Unfunded Mandate Reform Act of 1995.
Of all the measures introduced to date, this legislation is
undoubtedly the strongest, best crafted, and most
comprehensive approach to provide relief for state and local
governments from the burden of unfunded federal mandates.
The National League of Cities commits its strongest support
for the Unfunded Mandate Reform Act. We will fight any
attempts to weaken the bill with the full force of the
150,000 local elected officials we represent. Local
governments and the taxpayers we serve have borne the federal
government's fiscal burden for too long. We will not have
such an important relief measure thwarted in the final hour
by special interests.
We commend you for continuing to foster the bipartisan
support which your original mandate relief bill so
successfully garnered in the last Congress. We will work hard
to gain bipartisan support for mandates relief in the 104th
Congress, because, as you are well aware, this bill will
benefit all states, all counties, all municipalities, and all
taxpayers, regardless of their political allegiance.
Again, please accept our sincere gratitude for your
efforts.
Sincerely,
Carolyn Long Banks,
President,
Councilwoman-at-Large.
____
National Association of Counties,
Washington, DC, December 29, 1994.
Hon. Dirk Kempthorne,
U.S. Senate,
Washington, DC.
Dear Senator Kempthorne: On behalf of the National
Association of Counties. I am writing to express our strong
support for S. 1, the Unfunded Mandate Reform Act of 1995. We
sincerely appreciate the leadership you have provided in
crafting this new, strong bipartisan bill to relieve states
and local governments from the growing burdens of unfunded
federal mandates. Our NACo staff has reviewed the latest
draft and they are convinced it is much stronger than S. 993,
the bill approved in committee last summer.
While this legislation retained many of the basic
principles from the previous bill, there were many
improvements. Most significant among them is the provision
that requires any new mandate to be funded by new entitlement
spending or new taxes or new appropriations. If not, the
mandate will not take effect unless the majority of members
in both houses vote to impose the cost on state and local
governments. Although the new bill will not prevent Congress
from imposing the cost of new mandates on state and local
taxpayers, by holding members accountable we believe it will
discourage and curtail the number of mandates imposed on
them.
Again, thank you for your leadership on this important
legislation. County officials across our great nation stand
ready to assist you in anyway we can to ensure the swift
passage of S. 1. If you have any questions, please contact
Larry Naake or Larry Jones of the NACo staff.
Sincerely,
Randall Franke
Commissioner, NACo President.
____
National School Boards Association,
Alexandria, VA, December 30, 1994.
Hon. Dirk Kempthorne,
U.S. Senate,
Washington, DC.
Dear Senator Kempthorne: The National School Boards
Association (NSBA), on behalf on the more than 95,000 locally
elected school board members nationwide, would like to offer
its strong support for the ``Unfunded Mandate Reform Act of
1995'' (S. 1). This legislation would establish a general
rule that Congress shall not impose federal mandates without
adequate funding. This legislation would stop the flow of
requirements on school districts which must spend billions of
local tax dollars every year to comply with unfunded federal
mandates. We commend you for your unending leadership on this
critical issue.
Today, school children throughout the country are facing
the prospect of reduced classroom instruction because the
federal government requires, but does not fund, services or
programs that local school boards are directed to implement.
School boards are not opposed to the goals of many of these
mandates, but we believe that Congress should be responsible
for funding the programs it imposes on school districts. Our
nation's public school children must not be made to pay the
price for unfunded federal mandates.
S. 1 would prohibit a law from being implemented without
necessary federal government funding. S. 1 would allow school
districts to execute the future programs which are required
by the federal government without placing an unfair financial
burden on the schools.
Again, we applaud your leadership in negotiating and
sponsoring this bill which would allow schools to provide a
quality education to their students. We offer any assistance
you need as you quickly move this bill to the Senate floor.
If you have questions regarding this issue, please contact
Laurie A. Westley, Chief Legislative Counsel at (703) 838-
6703.
Yours very truly,
Boyd W. Boehlje,
President.
Thomas A. Shannon,
Executive Director.
____
U.S. Conference of Mayors,
Washington, DC, December 30, 1994.
Hon. Dirk Kempthorne,
U.S. Senate,
Washington, DC.
Dear Senator Kempthorne: On behalf of the United States
Conference of Mayors, I want to thank you for your continued
leadership in our fight against unfunded federal mandates and
to express strong support for the new bill, S. 1.
S. 1 is serious and tough mandate reform which will do more
than simply stop the flood of trickle-down taxes and
irresponsible, ill-defined federal mandates which have come
from Washington over the past two decades. S. 1 will begin to
restore the partnership which the founders of this nation
intended to exist between the federal government, and state
and local governments.
[[Page S60]] S. 1, which was developed in bipartisan
cooperation with the state and local organizations, including
the Conference of Mayors, is even stronger than what was
before the Senate last year in that it requires Congress to
either fund a mandate at the time of passage or provide that
the mandate cannot be enforced by the federal government if
not fully funded. However, the bill is still based upon the
carefully crafted package which was agreed to in S. 993 and
which garnered 67 Senate cosponsors in the 103rd Congress.
The bill would not in any way repeal, weaken or affect any
existing statute, be it an existing unfunded mandate or not.
This legislation only seeks to address new unfunded mandate
legislation. In addition, S. 1 would not infringe upon or
limit the ability of the Congress or the federal judicial
system to enforce any new or existing constitutional
protection or civil rights statute.
The mayors are extremely pleased that our legislation,
which was blocked from final passage in the 103rd Congress,
has been designated as S. 1 by incoming Majority Leader Bob
Dole. We also understand and appreciate the significance of
the Governmental Affairs and Budget Committees holding a
joint hearing on our bill on the second day of the 104th
Congress at which our organization will be represented.
I remember the early days in our campaign when many
questioned our resolve. How could a freshman Republican
Senator from the State of Idaho move the Washington
establishment to reform its beloved practice of imposing
federal mandates without funding? We responded to these
doubters by focusing the national grass-roots resentment of
unfunded mandates into a well orchestrated political machine,
and by joining with our state and local partners in taking
our message to Washington.
The United States Conference of Mayors will continue in its
efforts to enact S. 1 until we are successful. We will not
let up on the political and public pressure. And we will
actively oppose efforts to weaken our bill.
The time to pass our bill is now. Those who would seek to
delay action will be held accountable, and those who stand
with state and local government will know that they have our
support and appreciation.
Thank you again for all of your hard work and commitment,
and rest assured that we will continue to stand with you.
Sincerely yours,
Victor Ashe,
President.
Mr. DOLE. Mr. President, for years, Members of Congress have tried to
hide the full cost of efforts to expand the reach of the Federal
Government. They do this by passing Federal laws giving, State and
local governments new responsibilities, but little, if any, of the
money needed to fulfill their new federally-mandated obligations. State
and local officials call these new obligations unfunded mandates.
State and local government costs don't show up in the Federal budget.
Congressional advocates of a particular piece of legislation who are
concerned that their proposal might not pass if the full costs of
implementation are known, shift a large portion of the costs off-
budget. The problem is that Federal cost estimates don't tell the whole
story. Just because a new piece of legislation doesn't have a Federal
cost does not mean that it has no cost or that it does not affect
taxpayers.
For the past several years, a steady stream of unfunded mandates has
been flowing out of Washington, wreaking havoc on State and local
budgets, and forcing Governors, Mayors, State legislators and city
council members across the country to make tough choices.
Because most States and localities are required to balance their
budgets each year, unfunded mandates force State and local officials to
choose between cutting other services and raising taxes to balance
their budgets and fulfill their new federally-mandated
responsibilities.
The costs are staggering. Ohio Governor George Voinovich reviewed the
impact of unfunded Federal mandates on the State of Ohio. His August
1993 study found--and I quote--``Unfunded Federal mandates identified
in this survey will impose costs of over $1.74 billion on the State of
Ohio from 1992 through 1995.'' Officials at the National Conference of
State Legislatures have estimated that unfunded mandates cost States
more than $10 billion a year. The actual figure may be even higher.
Gov. Pete Wilson has estimated that unfunded Federal mandates cost the
State of California $7.7 billion in 1994.
That's a lot of money, even in Washington. Money that could have been
used to bolster law enforcement or education budgets, money that could
have been used to finance innovative new State or local initiatives.
Mr. President, the time has come for a little legislative truth-in-
advertising. Before Members of Congress vote for a piece of
legislation, they need to know how it could impact the States and
localities they represent. If Members of Congress want to pass a new
law, they should be willing to make the tough choices needed to pay for
it.
The Unfunded Mandate Reform Act of 1995 enjoys broad bipartisan
support. It is a change that we can adopt this month and have an
immediate impact on the way that Congress evaluates new legislation.
This legislation recognizes that governments are not the only ones
affected by mandates. This bill recognizes that potential private
sector costs should be a part of the equation whenever Congress
evaluates the potential costs of new legislation. That is why the bill
would require that CBO evaluate the potential costs of new mandates on
businesses and individuals.
Mr. President, this is not a partisan issue. It's a good government
issue whose time has come, thanks, in large part, to the hard work and
skilled leadership of the distinguished Senator from Idaho, Senator
Kempthorne.
As the former Mayor of Boise, Senator Kempthorne knows firsthand the
difficult choices that unfunded mandates force upon those who have to
balance their budgets every year. He has worked tirelessly over the
past several months with State and local officials from across the
country on both sides of the aisle, with Governmental Affairs
Committee, Chairman, Roth, Budget Committee Chairman Domenici, key
Democrats on both of those key committees, the administration and key
Republicans in the House. The result of all this effort is a bill that
is tougher than the bill we debated last year.
I am confident that this new, improved version--the Unfunded Mandates
Reform Act of 1995--will be the blueprint for a bill that can be
approved in both Houses of Congress and signed into law by President
Clinton early this year.
Governors, State legislators, mayors, county executives, and other
State, local, and tribal executives--Democrats, Republicans and
Independents--are urging us to act quickly to provide them with the
protection they seek. They want to forge a new partnership between
Congress and State and local governments. Adoption of this important
legislation will send them a clear signal that the 104th Congress
intends to make that new partnership a reality.
Chairman Roth and Chairman Domenici have announced that the
Governmental Affairs and Budget Committees will hold a joint hearing on
S. 1 tomorrow. The Governmental Affairs, Committee will markup the bill
Friday, and the Budget Committee will mark up the bill on Monday of
next week. Our hope is that by working on a bipartisan basis we can get
this important piece of legislation to the floor and begin the debate
next week.
Mr. GLENN. Mr. President, I rise to announce my support for S. 1--the
Kempthorne-Glenn bill on Federal mandate reform and relief. This is
legislation that had strong bipartisan and administration support last
year. In fact we had 67 cosponsors, and my hope is that we will be able
to pass the bill quickly through the House and Senate in this Congress.
But before I go into a description of the bill, I'd like to provide
some background to the whole unfunded Federal mandates debate.
On October 27, 1993, State and local elected officials from all over
the Nation came to Washington and declared that day--``National
Unfunded Mandates Day.'' These officials conveyed a powerful message to
Congress and the Clinton administration on the need for Federal mandate
reform and relief. They raised four major objections to unfunded
Federal mandates.
First, unfunded Federal mandates impose unreasonable fiscal burdens
on their budgets;
Second, they limit State and local government flexibility to address
more pressing local problems like crime and education;
Third, Federal mandates too often come in a ``one size fits all'' box
that stifles the development of more innovative local efforts--efforts
that ultimately may be more effective in solving the problem the
Federal mandate is meant to address; and,
[[Page S61]] Fourth, they allow Congress to get credit for passing
some worthy mandate or program, while leaving State and local
governments with the difficult tasks of cutting services or raising
taxes in order to pay for it.
In our two hearings, we heard testimony from elected State and local
officials from both parties, representing all sizes of government. It
was clear from the testimony that unfunded mandates hit small counties
and townships as hard as they do big cities and larger States.
I think it's worth stepping back and taking a look at the evolution
of the Federal-State-local relationship over the last decade and a half
so we can put this debate into some historical context. I believe the
seeds from which sprang the mandate reform movement can be traced back
to the so-called policy of ``New Federalism,'' a policy which resulted
in a gradual but steady shift in governing responsibilities from the
Federal Government to State and local governments over the last 10 to
15 years. During that time period, Federal aid to State and local
governments was severely cut, or even eliminated, in a number of key
domestic program areas. At the same time, enactment and subsequent
implementation of various Federal statutes passed on new costs to State
and local governments. In simple terms, State and local governments
ended up receiving less of the Federal carrot and more of the Federal
stick.
A. the cost of federal mandates
Let's examine the cost issue first. While there has been substantial
debate on the actual cost of Federal mandates, suffice it to say that
almost all participants in the debate agree that there isn't complete
data on the aggregate costs of Federal mandates to State and local
governments. In fact, one of the major objectives of S. 993 is to
develop better information and data on the cost of mandates. Likewise,
there is even less information available on estimates of what potential
benefits might be derived from select Federal mandates--a point made by
representatives from the disability, environmental, and labor community
in the committee's second hearing. Nonetheless, there have been efforts
made in the past to measure the cost impacts of Federal mandates on
State and local governments. And those efforts do show that costs
appear to be rising. Since 1981, the Congressional Budget Office [CBO]
has been preparing cost estimates on major legislation reported by
committee with an expected annual cost to State and local governments
in excess of $200 million. According to CBO, 89 bills with an estimated
annual cost in excess of $200 million each were reported out of
committee between 1983 and 1988. I would point out one major caveat
with CBO's analysis--it does not indicate whether these bills funded
the costs or not, nor how many of the bills were eventually enacted.
Still, even with a rough calculation, the chart shows that committees
reported out bills with an average estimated new cost of at least $17.8
billion per year to State and local governments. In total, 382 bills
were reported from committees over the 6-year period with some new
costs to State and local governments. So if anything, the $17.8 billion
figure is a conservative estimate for reported bills.
Federal environmental mandates head the list of areas that State and
local officials claim to be the most burdensome. A closer look at two
of the studies done on the cost of State and local governments of
compliance with environmental statutes does indicate that these costs
appear to be rising. A 1990 EPA study, Environmental Investments: The
Cost of a Clean Environment, estimates that total annual costs of
environmental mandates--from all levels of government--to State and
local governments will rise from $22.2 billion in 1987 to $37.1 billion
by the 2000--an increase in real terms of 67 percent. EPA estimates
that the cost of environmental mandates to State governments will rise
from $3 billion in 1987 to $4.5 billion by 2000--a 48-percent increase.
Over the same timeframe, the annual costs of environmental mandates to
local governments is estimated to increase from $19.2 billion to $32.6
billion--a 70-percent gain. According to the Vice President's National
Performance Review, the total annual cost of environmental mandates to
State and local governments, when adjusted for inflation, will reach
close to $44 billion by the end of this century.
The city of Columbus in my home State of Ohio also noted a trend in
rising costs for city compliance with Federal environmental mandates.
In its study, the city concluded that its cost of compliance
environmental statutes would rise from $62.1 million in 1991 to $107.4
million in 1995--in 1991 constant dollars--a 73-percent increase. The
city estimates that its share of the total city budget going to pay for
these mandates will increase from 10.6 percent to 18.3 percent over
that timeframe.
In addition to environmental requirements, State and local officials
in our committee hearings cited other
Federal requirements as burdensome and costly. They highlighted
compliance with the Americans with Disabilities Act and the Motor Voter
Registration Act; complying with the administrative requirements that
go with implementing many Federal programs; and, meeting Federal
criminal justice and educational program requirements. Now I would note
that while each of these individual programs or requirements clearly
carry with them costs to State and local governments, costs which we
have too often ignored in the past, I believe that on a case-by-case
basis each of these mandates has substantial benefits to our society
and our nation as a whole, otherwise I along with many of my colleagues
in the Senate wouldn't have voted to enact them. State and local
officials readily concede that individual mandates on a case-by-case
basis may indeed be worthy. However, when you look at all mandates
spanning across the entire gamut of Federal laws and regulation, you
begin to understand that it is the aggregate impact of all Federal
mandates that has spurred the calls for mandate reform and relief. The
Advisory Commission on Intergovernmental Relations testified in our
April hearing that the number of major Federal statutes with explicit
mandates on State and local governments went from zero during the
period of 1941 to 1964, to 9 during the rest of the 1960s, to 25 in the
70s, and 27 in the 80s.However, to truly reach a better understanding
of the Federal mandates debate, we must also look at the Federal
funding picture vis a vis State and local governments.
b. federal aid to state and local governments
The record shows that Federal discretionary aid to State and local
governments to both implement Federal policies and directives as well
as comply with them saw a sharp drop in the 1980s.
An examination of Census Bureau data on sources of State and local
government revenue shows a decreasing Federal role in the funding of
State and local governments. In 1979, the Federal government's
contribution to State and local government revenues reached 18.6
percent. By 1989, the Federal contribution of the State and local
revenue pie had steadily shrunk to 13.2 percent before edging up to
14.3 percent in 1991--the latest year that data is available.
What contributed to declining trend in the Federal financing of State
and local governments? A closer look at patterns in Federal
discretionary aid programs to State and local governments during the
1980s provides the answer. According to the Federal Funds Information
Service, between 1981 and 1990 Federal discretionary program funding to
State and local governments rose slightly from $47.5 billion to $51.6
billion. However, this figure when adjusted for inflation tells a much
different story; Federal aid dropped 28 percent in real terms over the
decade.
A number of vital Federal aid programs to State and local governments
experienced sharp cuts and, in some cases, outright elimination during
the decade. In 1986, the administration and Congress agreed to
terminate the general revenue sharing program--a program that provided
approximately $4.5 billion annually to local governments and allowed
them broad discretion on how to spend the funds. Since its inception in
1972, general revenue sharing had provided approximately $83 billion to
State and local governments. Unfortunately, the Reagan administration
succeeded in terminating the program and the Congress followed its
lead. There were other important Federal-State-local programs that were
substantially cut back between 1981 and
[[Page S62]] 1990. They include: Economic Development Assistance,
Community Development Block Grants, Mass Transit, Refugee Assistance,
and Low-Income Home Energy Assistance.
Luckily, under both the Bush and Clinton administration, we've
managed to restore some needed funding to many of these programs.
Still, in real dollars, funds for discretionary aid programs to
State and local governments remain 18 percent below their 1981 levels.
The Committee's Legislative Efforts
In the last Congress, eight bills were referred to the Governmental
Affairs Committee that touched on at least some aspect of the unfunded
Federal mandates problem. After two hearings, we marked up a compromise
bill that borrowed the best of the various provisions and requirements
from the different bills. We worked closely in a deliberative,
bipartisan fashion with the de facto leader on this issue, Senator
Kempthorne, along with other Members and with the administration. The
Kempthorne-Glenn Compromise had the endorsement and strong support of
the 7 groups representing State and local governments: the National
Governors Association; the National Conference of State Legislators;
the Council on State Governments; the National League of Cities; the
U.S. Conference of Mayors; the National Association of Counties; and
the International City Management Association. It had the backing of
the Clinton administration and was endorsed by the editorial boards of
the New York Times, Cleveland Plain Dealer, and other newspapers across
the country, both large and small. The bill we are introducing today as
S. 1 largely embodies what we had last year in S. 993.
Let me explain what the Kempthorne-Glenn bill does:
It requires the Congressional Budget Office to conduct State, local
and tribal cost estimates on legislation that imposes new Federal
mandates in excess of $50 million annually onto the budgets of State,
local, and tribal governments. The current laws requires these
estimates at a $200 million threshold. I believe that that high a
figure allows a lot of Federal mandates to slip through without being
scored. $200 million spread across equally among all States may not be
much, but if it falls particularly hard on any one region--which does
happen with legislation around here--it is substantial. Let me make
clear, however, that what CBO will score here are new Federal mandates,
not what State, local, and tribal governments are spending to comply
with existing mandates, nor what they are spending to comply with their
own laws and mandates.
Second, and I think most importantly, is that the bill holds Congress
accountable for imposing additional unfunded Federal mandates. We do
this by requiring a majority point of order vote on any legislation
that imposes new unfunded Federal mandates in excess of $50 million
annual cost to State, local or tribal governments.
To avoid the point of order, the sponsor of the bill would have to
authorize funding to cover the cost to State and local governments of
the Federal mandate, or otherwise find ways to pay for the mandate.
This could come from the expansion of an existing grant or subsidized
loan program, or the creation of an new one, or perhaps the raising of
new revenues or user fees.
S. 1 also includes provisions for the analysis of legislation that
imposes mandates on the private sector. CBO would have to complete a
private sector cost estimate on bills reported by Committee with a $200
million or more annual cost threshold.
We do exempt certain Federal laws from this bill. Civil rights and
Constitutional rights are excluded. National security, emergency
legislation, and ratification of international treaties are also
exempt.
I want to also point out that the bill does not prohibit Congress
from
passing unfunded Federal mandates. There may be times when it is
appropriate to ask State and local governments to pick up the tab for
Federal mandates. But let that debate take place on the Senate floor
and let there be a vote on the specific mandate in the legislation.
The Kempthorne-Glenn Compromise also addresses regulatory mandates.
We all know how the Federal bureaucracy can impose burdensome and
inflexible regulations on State and local governments as well as on
others who end up trapped in the bureaucracy's regulatory net. In the
Committee's November hearing, we heard testimony from Susan Ritter,
county auditor for Renville County, ND. Ms. Ritter noted that the town
of Sherwood, in her State, with a population of 286, will have to spend
$2,000--one half of its annual budget--on testing its water supply in
order to comply with EPA regulations. Clearly, there is no way that the
town is going to be able to meet this requirement.
So, consistent with the President's Executive Orders, we have
required that Federal agencies conduct cost-benefit analyses on major
regulations that impact State, local and tribal governments. Further,
agencies must develop a timely and effective means of allowing State
and local input into the regulatory process. Given that State and local
governments are responsible for implementing many of our Federal laws,
it is not only fair that they be considered partners in the Federal
regulatory process, but it is also good public policy as well. Such a
process must also be consistent with the Administrative Procedure Act
to ensure an open and fair process. The bill also requires Federal
agencies to make a special effort in performing outreach to the
smallest governments. Then maybe we'll be able to minimize the
occurrence of situations like the one that took place in the town of
Sherwood.
Finally, we've asked the Advisory Commission on Intergovernmental
Relations to work with CBO to develop a better cost estimating process
and to monitor implementation of the legislation.
Closing Remarks.
In closing, I'd like to put this issue into some larger perspective.
As we all know, the Federal, State, and local relationship is
complicated. It is a blurry line between where one level of
government's responsibility ends and another's begins. All three levels
of government need to work together in a constructive fashion to
provide the best possible delivery of services to the American people
in the most cost-effective fashion. After all, as Federal, State, and
local officials, we all serve the same constituents. Further, we serve
the American people at a time when their confidence in all three levels
of government is probably at an all-time low. There are numerous
explanations for this lack of confidence in government and I won't go
into them here. Vice President Gore's National Performance Review
attributes ``an increasingly hidebound and paralyzed intergovernmental
process'' as at least part of the reason for why many Americans
feel that government is wasteful, inefficient, and ineffective. We need
to restore balance to the intergovernmental partnership as well as
strengthen it so that government at all levels can operate in a more
cost-effective manner.Both the administration and a number of my
colleagues have made proposals to shift a number of Federal programs
and responsibilities to State and local governments. Clearly, as this
mandates debate has shown us, we ought to at least experiment to see if
State and local governments can carry out some these programs in a more
effective fashion than we have been doing at a Federal level. I know
from my years as chairman of the Governmental Affairs Committee that
Americans do want more efficient and less costly government and maybe
one way to accomplish that objective is too grant more flexibility to
State and local governments and let them run some of these programs.
However, I think we should proceed with some degree of caution. Growing
up in the Depression, I learned that State and local governments don't
have the wherewithal and resources to meet all human needs. That's why
President Roosevelt came through with the New Deal. So there has been
and will continue to be, the need for a Federal presence in many
domestic policy areas. But that shouldn't preclude us from maybe
loosening the reigns on State and local governments some, or even
dropping them entirely. But we should be careful, and look at it on a
case-by-case basis.
I believe that the Kempthorne-Glenn bill would help to restore that
partnership and bring needed perspective to future Federal
decisionmaking. I am
[[Page S63]] glad that it will be the first bill introduced in the
Senate and look forward to working toward its very early passage.
I want to give special thanks to my colleague from Idaho for his rule
in developing this legislation. He has been over diligent and, as a
former mayor, very passionate about this issue. But he has also been
willing to engage in the give and take that goes on in developing
legislation where there are a lot of pressures from all sides to go one
way or the other. This has truly been a bipartisan effort and he
deserves special credit for that.
Mr. ROTH. Mr. President, I am very pleased to join with my colleague,
Senator Kempthorne, in cosponsoring today the first bill introduced in
the Senate in the 104th Congress. The ``Unfunded Mandates Reform Act of
1995'' represents an important shift in the basic attitude of the
Congress toward our State and local governments. It will help bring a
better balance to our system of federalism.
In recognition of the fundamental importance of this legislation, it
has been assigned the bill number S. 1. As chairman of the Governmental
Affairs Committee, where the legislation has been referred, I intend to
act on it immediately. A joint hearing with the Budget Committee on S.
1 has been scheduled for tomorrow morning. The next day the
Governmental Affairs Committee is scheduled to consider the bill, and
vote on reporting it to the Senate. It is my intention to bring the
``Unfunded Mandates Reform Act'' to the floor sometime next week.
This important legislation is just the first step in a long-overdue
effort to reform the Federal regulatory process. I intend to move
quickly in addressing the need for regulatory reform in the broader
sense, particular as it applies to the regulation of business. I expect
to hold the first hearing on this subject in early Fedruary.
Again, I want to express my pleasure in joining with the Senator from
Idaho in this important effort, embodied in the legislation he is
introducing today. I urge my colleagues to help move it quickly to
enactment.
Mr. NICKLES. Mr. President, I would first like to commend Senator
Kempthorne and Senator Glenn for once again introducing the Unfunded
Mandates Reform Act and I am pleased to be an original cosponsor.
Senator Kempthorne has been especially stalwart in pushing unfunded
mandate legislation to the forefront and keeping the Senate's focus on
this important issue. Particularly, I am pleased the legislation
includes my language to require executive branch agencies to do a cost
estimate of regulatory actions, which was a key component of my
legislation, the Economic and Employment Impact Act.
On October 27, 1993, Governors, State legislators, county officials
and mayors from across the Nation came to Washington and declared
``National Unfunded Mandates Day''. They sent a very loud and clear
signal to Congress and the Clinton administration that State and local
governments and the taxpayers can no longer afford the exploding costs
of unfunded Federal mandates. The simple fact is when the Federal
Government passes an unfunded mandate on the States and local
governments, they must then raise taxes, reduce other spending or
borrow. Mandates on the private sector also add great costs to the
economy. The ultimate loser in this cycle is the U.S. taxpayer.
According to a U.S. Conference of Mayors' survey of 314 cities, the
cost of unfunded Federal mandates to cities alone for 1993 was $6.5
billion. The Federal Clean Water Act--$3.6 billion, Federal Solid Waste
Disposal--$1 billion, and the Federal Safe Drinking Water Act--$0.6
billion were the most costly unfunded mandates. On the private sector
side, the Chamber of Commerce has recently reported the result of a
survey of its membership which identified the issue of unfunded
mandates and their costs on the private sector and State and local
governments as the No. 1 issue.
Several States and local governments did their own studies of the
costs of unfunded Federal mandates. The city of Columbus, OH found that
compliance with Federal environmental regulations alone will cost the
city up to $1.6 billion over the next 10 years, which equals $850
annually per household.
The Unfunded Mandate Reform Act forces Congress to know how much
Federal mandates on States and local governments and the private sector
cost. In addition, it will require that the Federal Government pays the
costs incurred by complying with mandates on State and local
governments. This legislation will ensure that the economic impact of
major legislative and regulatory proposals on State and local
governments and the private sector are given full consideration in
Congress and the executive branch before they become policy.
One of the primary reasons for the explosive growth in Federal
mandates is Washington's ignorance of exactly how much they costs
States, local governments and private citizens, regardless of how well-
intended they may be. This legislation seeks a solution to that problem
by requiring the Congressional Budget Office [CBO] to estimate the
impact of Federal mandates to State, local, and tribal governments as
well as the private sector.
In order to ensure the cooperation of CBO and the committees in
providing this valuable economic impact information to the full Senate,
the legislation before us requires a majority point of order to lie
against any Federal mandate legislation which does not have a CBO cost
estimate of the impact of that legislation on State and local
governments or the private sector.
Mandates costing greater than $50 million affecting State and local
governments will not only have an estimate of the costs but also
include the money or taxes to pay for the mandate. If it does not pass
both tests a majority point of order will lie against the legislation.
The economic impact analysis requirement for legislation which
affects the private sector is vitally important. The private sector
provision command CBO to provide an impact statement of the costs and
the effect on the economy of legislation with mandates which exceed
$200 million in any of the next 5 years. This requirement is similar to
legislation, the Economic and Employment Impact Act, Senator Reid and
myself offered as an amendment to the National Competitiveness Act, and
was approved by voice vote by the full Senate.
Another important element of this legislation that is also a key
component of the Economic and Employment Impact Act, is the requirement
for economic impact analysis of regulatory actions exceeding $100
million by executive branch agencies. The author of this act should be
commended for requiring a cost analysis for regulations affecting State
and local governments and the private sector.
The cost of Federal mandates has unleashed havoc upon State and local
governments and the private sector. Congress and the administration
must stop passing the costs of their good ideas without knowing the
costs of those ideas and assuming responsibility for the undue economic
burdens on the local governments, the private sector and the U.S.
taxpayer.
______
By Mr. GRASSLEY (for himself, Mr. Lieberman, Mr. Dole, Mr.
Nickles, Mr. Roth, Mr. Glenn, Mr. Smith, Mr. Specter, Mr.
Brown, Mr. Inhofe, Mr. Thompson, Ms. Snowe, Mr. Abraham, Mr.
Santorum, Mr. Craig Thomas, Mr. Cohen, Mr. Craig, Mrs. Boxer,
Mr. Robb, Mr. Kohl, Mr. Warner, Mr. Baucus, Mr. Helms, Mr.
Gregg, Mr. DeWine, Mr. Campbell, Mr. Bennett, Mr. Mack, Mr.
Kerrey, Mrs. Kassebaum, and Mr. Lott):
S. 2. A bill to make certain laws applicable to the legislative
branch of the Federal Government; read twice.
the congressional accountability act of 1995
Mr. DOLE. Mr. President, for far too long, Congress has imposed new
rules and regulations on the private sector, while seeking to exempt
itself from those same rules.
Not surprisingly, many of our citizens have begun to view the Senate
and the House of Representatives not as the people's body, but as the
``imperial congress,'' as an institution that considers itself above
the law and without accountability.
This past election day, the American people finally said ``enough is
enough.'' Not only do the American people want
[[Page S64]] less government, less regulation, and lower taxes, they
also want Congress to clean up its own act by living under the very
laws we seek to impose on everyone else. After all, what's good for the
goose is certainly good for the gander.
S. 2, the Congressional Accountability Act, is a key element of our
effort to put the institution of Congress back in the good graces of
the American people. Later today, the House will pass its own version
of congressional-coverage legislation, and perhaps as early as
tomorrow, S. 2 will be passed here in the Senate.
In a nutshell, S. 2 forces Congress to comply with the following laws
that regulate private employment and the private-sector workplace: (1)
The Fair Labor Standards Act, (2) The Federal Labor Management
Relations Act, (3) Title VII of the Civil Rights Act of 1964, (4) The
Americans with Disabilities Act, (5) The Rehabilitation Act of 1973,
(6) The Age Discrimination in Employment Act, (7) The Family and
Medical Leave Act, (8) The Occupational Safety and Health Act, (9) The
Employee Polygraph Protection Act, (10) The Worker Adjustment and
Retraining Notification Act, and (11) The Veterans Reemployment Act.
All these laws now apply to the private sector, and with the passage
of S. 2, they will soon apply to Congress as well.
To enforce the application of the laws to Congress, S. 2 establishes
an office of compliance with a 5-member board of directors. The
directors on the board will be jointly appointed by the Senate majority
leader, the Senate minority leader, the Speaker of the House of
Representatives, and the House minority leader. The office will also
have a general counsel, an executive director, and two deputy executive
directors, one for the Senate and one for the House. Each of the deputy
executive directors will be responsible for promulgating the
implementing regulations for his or her respective house.
In addition, S. 2 requires that any future legislation that affects
the terms and conditions of private employment must be accompanied by a
report describing the manner in which the legislation will apply to
Congress. If any provision of the proposed law does not apply to
Congress, the report must include a statement explaining why this is
so. This reporting requirement will help ensure that Congress resists
the temptation of exempting itself from future regulations and rules.
Of course, S. 2 may herald a new era of regulatory caution, where
Congress thinks twice before imposing a new government-crafted
requirement on the private sector. It's one thing for Congress to
create a new regulatory burden; it's something quite different when
Congress has to bear the burden too.
Finally, Mr. President, I want to congratulate my distinguished
colleague, Senator Chuck Grassley, for spearheading the congressional-
coverage effort here in the Senate. Without his hard work and
commitment, S. 2 would not be the priority that it is today. I also
want to take a moment to recognize my colleague from Oklahoma, Senator
Don Nickles, for his important contribution as well.
Mr. President, I ask unanimous consent that the full text of S. 2 be
reprinted in the Record immediately after my remarks.
S. 2
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Congressional Accountability Act of 1995''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
TITLE I--GENERAL
Sec. 101. Definitions.
Sec. 102. Application of laws.
TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS
Part A--Employment Discrimination, Family and Medical Leave, Fair Labor
Standards, Employee Polygraph Protection, Worker Adjustment and
Retraining, Employment and Reemployment of Veterans, and Intimidation
Sec. 201. Rights and protections under title VII of the Civil Rights
Act of 1964, the Age Discrimination in Employment Act of
1967, the Rehabilitation Act of 1973, and title I of the
Americans with Disabilities Act of 1990.
Sec. 202. Rights and protections under the Family and Medical Leave Act
of 1993.
Sec. 203. Rights and protections under the Fair Labor Standards Act of
1938.
Sec. 204. Rights and protections under the Employee Polygraph
Protection Act of 1988.
Sec. 205. Rights and protections under the Worker Adjustment and
Retraining Notification Act.
Sec. 206. Rights and protections relating to veterans' employment and
reemployment.
Sec. 207. Prohibition of intimidation or reprisal.
Part B--Public Services and Accommodations Under the Americans With
Disabilities Act of 1990
Sec. 210. Rights and protections under the Americans with Disabilities
Act of 1990 relating to public services and
accommodations; procedures for remedy of violations.
Part C--Occupational Safety and Health Act of 1970
Sec. 215. Rights and protections under the Occupational Safety and
Health Act of 1970; procedures for remedy of violations.
Part D--Labor-management Relations
Sec. 220. Application of chapter 71 of title 5, United States code,
relating to Federal service labor-management relations;
procedures for remedy of violations.
Part E--General
Sec. 225. Generally applicable remedies and limitations.
Part F--Study
Sec. 230. Study and recommendations regarding General Accounting
Office, Government Printing Office, and Library of
Congress.
TITLE III--OFFICE OF COMPLIANCE
Sec. 301. Establishment of Office of Compliance.
Sec. 302. Officers, staff, and other personnel.
Sec. 303. Procedural rules.
Sec. 304. Substantive regulations.
Sec. 305. Expenses.
TITLE IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
Sec. 401. Procedure for consideration of alleged violations.
Sec. 402. Counseling.
Sec. 403. Mediation.
Sec. 404. Election of proceeding.
Sec. 405. Complaint and hearing.
Sec. 406. Appeal to the Board.
Sec. 407. Judicial review of Board decisions and enforcement.
Sec. 408. Civil action.
Sec. 409. Judicial review of regulations.
Sec. 410. Other judicial review prohibited.
Sec. 411. Effect of failure to issue regulations.
Sec. 412. Expedited review of certain appeals.
Sec. 413. Privileges and immunities.
Sec. 414. Settlement of complaints.
Sec. 415. Payments.
Sec. 416. Confidentiality.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Exercise of rulemaking powers.
Sec. 502. Political affiliation and place of residence.
Sec. 503. Nondiscrimination rules of the House and Senate.
Sec. 504. Technical and conforming amendments.
Sec. 505. Judicial branch coverage study.
Sec. 506. Savings provisions.
Sec. 507. Severability.
TITLE I--GENERAL
SEC. 101. DEFINITIONS.
Except as otherwise specifically provided in this Act, as
used in this Act:
(1) Board.--The term ``Board'' means the Board of Directors
of the Office of Compliance.
(2) Chair.--The term ``Chair'' means the Chair of the Board
of Directors of the Office of Compliance.
(3) Covered employee.--The term ``covered employee'' means
any employee of--
(A) the House of Representatives;
(B) the Senate;
(C) the Capitol Guide Service;
(D) the Capitol Police;
(E) the Congressional Budget Office;
(F) the Office of the Architect of the Capitol;
(G) the Office of the Attending Physician;
(H) the Office of Compliance; or
(I) the Office of Technology Assessment.
(4) Employee.--The term ``employee'' includes an applicant
for employment and a former employee.
(5) Employee of the office of the architect of the
capitol.--The term ``employee of the Office of the Architect
of the Capitol'' includes any employee of the Office of the
Architect of the Capitol, the Botanic Garden, or the Senate
Restaurants.
(6) Employee of the capitol police.--The term ``employee of
the Capitol Police'' includes any member or officer of the
Capitol Police.
(7) Employee of the house of representatives.--The term
``employee of the House of Representatives'' includes an
individual occupying a position the pay for which is
disbursed by the Clerk of the House of Representatives, or
another official designated
[[Page S65]] by the House of Representatives, or any
employment position in an entity that is paid with funds
derived from the clerk-hire allowance of the House of
Representatives but not any such individual employed by any
entity listed in subparagraphs (C) through (I) of paragraph
(3).
(8) Employee of the senate.--The term ``employee of the
Senate'' includes any employee whose pay is disbursed by the
Secretary of the Senate, but not any such individual employed
by any entity listed in subparagraphs (C) through (I) of
paragraph (3).
(9) Employing office.--The term ``employing office''
means--
(A) the personal office of a Member of the House of
Representatives or of a Senator;
(B) a committee of the House of Representatives or the
Senate or a joint committee;
(C) any other office headed by a person with the final
authority to appoint, hire, discharge, and set the terms,
conditions, or privileges of the employment of an employee of
the House of Representatives or the Senate; or
(D) the Capitol Guide Board, the Capitol Police Board, the
Congressional Budget Office, the Office of the Architect of
the Capitol, the Office of the Attending Physician, the
Office of Compliance, and the Office of Technology
Assessment.
(10) Executive director.--The term ``Executive Director''
means the Executive Director of the Office of Compliance.
(11) General counsel.--The term ``General Counsel'' means
the General Counsel of the Office of Compliance.
(12) Office.--The term ``Office'' means the Office of
Compliance.
SEC. 102. APPLICATION OF LAWS.
(a) Laws Made Applicable.--The following laws shall apply,
as prescribed by this Act, to the legislative branch of the
Federal Government:
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(2) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.).
(3) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(4) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.).
(5) The Family and Medical Leave Act of 1993 (29 U.S.C.
2611 et seq.).
(6) The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.).
(7) Chapter 71 (relating to Federal service labor-
management relations) of title 5, United States Code.
(8) The Employee Polygraph Protection Act of 1988 (29
U.S.C. 2001 et seq.).
(9) The Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2101 et seq.).
(10) The Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.).
(11) Chapter 43 (relating to veterans' employment and
reemployment) of title 38, United States Code.
(b) Laws Which may be Made Applicable.--
(1) In general.--The Board shall review provisions of
Federal law (including regulations) relating to (A) the terms
and conditions of employment (including hiring, promotion,
demotion, termination, salary, wages, overtime compensation,
benefits, work assignments or reassignments, grievance and
disciplinary procedures, protection from discrimination in
personnel actions, occupational health and safety, and family
and medical and other leave) of employees, and (B) access to
public services and accommodations,
(2) Board report.--Beginning on December 31, 1996, and
every 2 years thereafter, the Board shall report on (A)
whether or to what degree the provisions described in
paragraph (1) are applicable or inapplicable to the
legislative branch, and (B) with respect to provisions
inapplicable to the legislative branch, whether such
provisions should be made applicable to the legislative
branch. The presiding officers of the House of
Representatives and the Senate shall cause each such report
to be printed in the Congressional Record and each such
report shall be referred to the committees of the House of
Representatives and the Senate with jurisdiction.
(3) Reports of congressional committees.--Each report
accompanying any bill or joint resolution relating to terms
and conditions of employment or access to public services or
accommodations reported by a committee of the House of
Representatives or the Senate shall--
(A) describe the manner in which the provisions of the bill
or joint resolution apply to the legislative branch; or
(B) in the case of a provision not applicable to the
legislative branch, include a statement of the reasons the
provision does not apply.
On the objection of any Member, it shall not be in order for
the Senate or the House of Representatives to consider any
such bill or joint resolution if the report of the committee
on such bill or joint resolution does not comply with the
provisions of this paragraph. This paragraph may be waived in
either House by majority vote of that House.
TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS
PART A--EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR
STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND
RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION
SEC. 201. RIGHTS AND PROTECTIONS UNDER TITLE VII OF THE CIVIL
RIGHTS ACT OF 1964, THE AGE DISCRIMINATION IN
EMPLOYMENT ACT OF 1967, THE REHABILITATION ACT
OF 1973, AND TITLE I OF THE AMERICANS WITH
DISABILITIES ACT OF 1990.
(a) Discriminatory Practices Prohibited.--All personnel
actions affecting covered employees shall be made free from
any discrimination based on--
(1) race, color, religion, sex, or national origin, within
the meaning of section 703 of the Civil Rights Act of 1964
(42 U.S.C. 2000e-2);
(2) age, within the meaning of section 15 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
(3) disability, within the meaning of section 501 of the
Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102
through 104 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12112-12114).
(b) Remedy.--
(1) Civil rights.--The remedy for a violation of subsection
(a)(1) shall be--
(A) such remedy as would be appropriate if awarded under
section 706(g) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-5(g)); and
(B) such compensatory damages as would be appropriate if
awarded under section 1977 of the Revised Statutes (42 U.S.C.
1981), or as would be appropriate if awarded under sections
1977A(a)(1), 1977A(b)(2), and irrespective of the size of the
employing office, 1977A(b)(3)(D) of the Revised Statutes (42
U.S.C. 1981a(a)(1), 1981a(b)(2), and 1981a(b)(3)(D)).
(2) Age discrimination.--The remedy for a violation of
subsection (a)(2) shall be--
(A) such remedy as would be appropriate if awarded under
section 15(c) of the Age Discrimination in Employment Act of
1967 (29 U.S.C. 633a(c)); and
(B) such liquidated damages as would be appropriate if
awarded under section 7(b) of such Act (29 U.S.C. 626(b)).
In addition, the waiver provisions of section 7(f) of such
Act (29 U.S.C. 626(f)) shall apply to covered employees.
(3) Disabilities discrimination.--The remedy for a
violation of subsection (a)(3) shall be--
(A) such remedy as would be appropriate if awarded under
section 505(a)(1) of the Rehabilitation Act of 1973 (29
U.S.C. 794a(a)(1)) or section 107(a) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12117(a)); and
(B) such compensatory damages as would be appropriate if
awarded under sections 1977A(a)(2), 1977A(a)(3), 1977A(b)(2),
and, irrespective of the size of the employing office,
1977A(b)(3)(D) of the Revised Statutes (42 U.S.C.
1981a(a)(2), 1981a(a)(3), 1981a(b)(2), and 1981a(b)(3)(D)).
(c) Application to General Accounting Office, Government
Printing Office, and Library of Congress.--
(1) Section 717 of the civil rights act of 1964.--Section
717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16)
is amended by--
(A) striking ``legislative and'';
(B) striking ``branches'' and inserting ``branch''; and
(C) inserting ``Government Printing Office, the General
Accounting Office, and the'' after ``and in the''.
(2) Section 15 of the age discrimination in employment act
of 1967.--Section 15(a) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 633a(a)) is amended by--
(A) striking ``legislative and'';
(B) striking ``branches'' and inserting ``branch''; and
(C) inserting ``Government Printing Office, the General
Accounting Office, and the'' after ``and in the''.
(3) Section 509 of the americans with disabilities act of
1990.--Section 509 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12209) is amended--
(A) by striking subsections (a) and (b) of section 509;
(B) in subsection (c), by striking ``(c) Instrumentalities
of Congress.--'' and inserting ``The General Accounting
Office, the Government Printing Office, and the Library of
Congress shall be covered as follows:'';
(C) by striking the second sentence of paragraph (2);
(D) in paragraph (4), by striking ``the instrumentalities
of the Congress include'' and inserting ``the term
`instrumentality of the Congress' means'', by striking ``the
Architect of the Capitol, the Congressional Budget Office'',
by inserting ``and'' before ``the Library'', and by striking
``the Office of Technology Assessment, and the United States
Botanic Garden'';
(E) by redesignating paragraph (5) as paragraph (7) and by
inserting after paragraph (4) the following new paragraph:
``(5) Enforcement of employment rights.--The remedies and
procedures set forth in section 717 of the Civil Rights Act
of 1964 (42 U.S.C. 2000e-16) shall be available to any
employee of an instrumentality of the Congress who alleges a
violation of the rights and protections under sections 102
through 104 of this Act that are made applicable by this
section, except that the authorities of the Equal Employment
Opportunity Commission shall be exercised by the chief
official of the instrumentality of the Congress.''; and
(F) by amending the title of the section to read
``INSTRUMENTALITIES OF THE CONGRESS''.
(d) Effective Date.--This section shall take effect 1 year
after the date of the enactment of this Act.
[[Page S66]] SEC. 202. RIGHTS AND PROTECTIONS UNDER THE
FAMILY AND MEDICAL LEAVE ACT OF 1993.
(a) Family and Medical Leave Rights and Protections
Provided.--
(1) In general.--The rights and protections established by
sections 101 through 105 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611 through 2615) shall apply to covered
employees.
(2) Definition.--For purposes of the application described
in paragraph (1)--
(A) the term ``employer'' as used in the Family and Medical
Leave Act of 1993 means any employing office, and
(B) the term ``eligible employee'' as used in the Family
and Medical Leave Act of 1993 means a covered employee who
has been employed in any employing office for 12 months and
for at least 1,250 hours of employment during the previous 12
months.
(b) Remedy.--The remedy for a violation of subsection (a)
shall be such remedy, including liquidated damages, as would
be appropriate if awarded under paragraph (1) of section
107(a) of the Family and Medical Leave Act of 1993 (29 U.S.C.
2617(a)(1)).
(c) Application to General Accounting Office and Library of
Congress.--
(1) Amendments to the family and medical leave act of
1993.--
(A) Coverage.--Section 101(4)(A) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611(4)(A)) is amended by
striking ``and'' at the end of clause (ii), by striking the
period at the end of clause (iii) and inserting ``; and'',
and by adding after clause (iii) the following:
``(iv) includes the General Accounting Office and the
Library of Congress.''.
(B) Enforcement.--Section 107 of the Family and Medical
Leave Act of 1993 (29 U.S.C 2617) is amended by adding at the
end the following:
``(f) General Accounting Office and Library of Congress.--
In the case of the General Accounting Office and the Library
of Congress, the authority of the Secretary of Labor under
this title shall be exercised respectively by the Comptroller
General of the United States and the Librarian of
Congress.''.
(2) Conforming amendment to title 5, united states code.--
Section 6381(1)(A) of title 5, United States Code, is amended
by striking ``and'' after ``District of Columbia'' and
inserting before the semicolon the following: ``, and any
employee of the General Accounting Office or the Library of
Congress''.
(d) Regulations.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement the rights and protections
under this section.
(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsection (a) except
insofar as the Board may determine, for good cause shown and
stated together with the regulation, that a modification of
such regulations would be more effective for the
implementation of the rights and protections under this
section.
(e) Effective Date.--
(1) In general.--Subsections (a) and (b) shall be effective
1 year after the date of the enactment of this Act.
(2) General accounting office and library of congress.--
Subsection (c) shall be effective 1 year after transmission
to the Congress of the study under section 230.
SEC. 203. RIGHTS AND PROTECTIONS UNDER THE FAIR LABOR
STANDARDS ACT OF 1938.
(a) Fair Labor Standards.--
(1) In general.--The rights and protections established by
subsections (a)(1) and (d) of section 6, section 7, and
section 12(c) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206 (a)(1) and (d), 207, 212(c)) shall apply to
covered employees.
(2) Interns.--For the purposes of this section, the term
``covered employee'' does not include an intern as defined in
regulations under subsection (c).
(3) Compensatory time.--Except as provided in regulations
under subsection (c)(3), covered employees may not receive
compensatory time in lieu of overtime compensation.
(b) Remedy.--The remedy for a violation of subsection (a)
shall be such remedy, including liquidated damages, as would
be appropriate if awarded under section 16(b) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 216(b)).
(c) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--Except as provided in paragraph
(3), the regulations issued under paragraph (1) shall be the
same as substantive regulations promulgated by the Secretary
of Labor to implement the statutory provisions referred to in
subsection (a) except insofar as the Board may determine, for
good cause shown and stated together with the regulation,
that a modification of such regulations would be more
effective for the implementation of the rights and
protections under this section.
(3) Irregular work schedules.--The Board shall issue
regulations for covered employees whose work schedules
directly depend on the schedule of the House of
Representatives or the Senate that shall be comparable to the
provisions in the Fair Labor Standards Act of 1938 that apply
to employees who have irregular work schedules.
(d) Application to the Government Printing Office.--Section
3(e)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)(A)) is amended--
(1) in clause (iii), by striking ``legislative or'',
(2) by striking ``or'' at the end of clause (iv),
(3) by striking the semicolon at the end of clause (v) and
inserting ``, or'' and by adding after clause (v) the
following:
``(vi) the Government Printing Office;''.
(e) Effective Date.--Subsections (a) and (b) shall be
effective 1 year after the date of the enactment of this Act.
SEC. 204. RIGHTS AND PROTECTIONS UNDER THE EMPLOYEE POLYGRAPH
PROTECTION ACT OF 1988.
(a) Polygraph Practices Prohibited.--
(1) In general.--No employing office, irrespective of
whether a covered employee works in that employing office,
may require a covered employee to take a lie detector test
where such a test would be prohibited if required by an
employer under paragraph (1), (2), or (3) of section 3 of the
Employee Polygraph Protection Act of 1988 (29 U.S.C. 2002(1),
(2), or (3)). In addition, the waiver provisions of section
6(d) of such Act (29 U.S.C. 2005(d)) shall apply to covered
employees.
(2) Definitions.--For purposes of this section, the term
``covered employee'' shall include employees of the General
Accounting Office and the Library of Congress and the term
``employing office'' shall include the General Accounting
Office and the Library of Congress.
(3) Capitol police.--Nothing in this section shall preclude
the Capitol Police from using lie detector tests in
accordance with regulations under subsection (c).
(b) Remedy.--The remedy for a violation of subsection (a)
shall be such remedy as would be appropriate if awarded under
section 6(c)(1) of the Employee Polygraph Protection Act of
1988 (29 U.S.C. 2005(c)(1)).
(c) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsections (a) and (b)
except insofar as the Board may determine, for good cause
shown and stated together with the regulation, that a
modification of such regulations would be more effective for
the implementation of the rights and protections under this
section.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
subsections (a) and (b) shall be effective 1 year after the
date of the enactment of this Act.
(2) General accounting office and library of congress.--
This section shall be effective with respect to the General
Accounting Office and the Library of Congress 1 year after
transmission to the Congress of the study under section 230.
SEC. 205. RIGHTS AND PROTECTIONS UNDER THE WORKER ADJUSTMENT
AND RETRAINING NOTIFICATION ACT.
(a) Worker Adjustment and Retraining Notification Rights.--
(1) In general.--No employing office shall be closed or a
mass layoff ordered within the meaning of section 3 of the
Worker Adjustment and Retraining Notification Act (29 U.S.C.
2102) until the end of a 60-day period after the employing
office serves written notice of such prospective closing or
layoff to representatives of covered employees or, if there
are no representatives, to covered employees.
(2) Definitions.--For purposes of this section, the term
``covered employee'' shall include employees of the General
Accounting Office and the Library of Congress and the term
``employing office'' shall include the General Accounting
Office and the Library of Congress.
(b) Remedy.--The remedy for a violation of subsection (a)
shall be such remedy as would be appropriate if awarded under
paragraphs (1), (2), and (4) of section 5(a) of the Worker
Adjustment and Retraining Notification Act (29 U.S.C.
2104(a)(1), (2), and (4)).
(c) Regulations to Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsection (a) except
insofar as the Board may determine, for good cause shown and
stated together with the regulation, that a modification of
such regulations would be more effective for the
implementation of the rights and protections under this
section.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
subsections (a) and (b) shall be effective 1 year after the
date of the enactment of this Act.
(2) General accounting office and library of congress.--
This section shall be effective with respect to the General
Accounting Office and the Library of Congress 1 year after
transmission to the Congress of the study under section 230.
[[Page S67]] SEC. 206. RIGHTS AND PROTECTIONS RELATING TO
VETERANS' EMPLOYMENT AND REEMPLOYMENT.
(a) Employment and Reemployment Rights of Members of the
Uniformed Services.--
(1) In general.--It shall be unlawful for an employing
office to--
(A) discriminate, within the meaning of subsections (a) and
(b) of section 4311 of title 38, United States Code, against
an eligible employee;
(B) deny to an eligible employee reemployment rights within
the meaning of sections 4312 and 4313 of title 38, United
States Code; or
(C) deny to an eligible employee benefits within the
meaning of sections 4316, 4317, and 4318 of title 38, United
States Code.
(2) Definitions.--For purposes of this section--
(A) the term ``eligible employee'' means a covered employee
performing service in the uniformed services, within the
meaning of section 4303(13) of title 38, United States Code,
whose service has not been terminated upon occurrence of any
of the events enumerated in section 4304 of title 38, United
States Code,
(B) the term ``covered employee'' includes employees of the
General Accounting Office and the Library of Congress, and
(C) the term ``employing office'' includes the General
Accounting Office and the Library of Congress.
(b) Remedy.--The remedy for a violation of subsection (a)
shall be such remedy as would be appropriate if awarded under
paragraphs (1), (2)(A), and (3) of section 4323(c) of title
38, United States Code.
(c) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsection (a) except to
the extent that the Board may determine, for good cause shown
and stated together with the regulation, that a modification
of such regulations would be more effective for the
implementation of the rights and protections under this
section.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
subsections (a) and (b) shall be effective 1 year after the
date of the enactment of this Act.
(2) General accounting office and library of Congress.--
This section shall be effective with respect to the General
Accounting Office and the Library of Congress 1 year after
transmission to the Congress of the study under section 230.
SEC. 207. PROHIBITION OF INTIMIDATION OR REPRISAL.
(a) In General.--It shall be unlawful for an employing
office to intimidate, take reprisal against, or otherwise
discriminate against, any covered employee because the
covered employee has opposed any practice made unlawful by
this Act, or because the covered employee has initiated
proceedings, made a charge, or testified, assisted, or
participated in any manner in a hearing or other proceeding
under this Act.
(b) Remedy.--The remedy available for a violation of
subsection (a) shall be such legal or equitable remedy as
would be appropriate.
PART B--PUBLIC SERVICES AND ACCOMMODATIONS UNDER THE AMERICANS WITH
DISABILITIES ACT OF 1990
SEC. 210. RIGHTS AND PROTECTIONS UNDER THE AMERICANS WITH
DISABILITIES ACT OF 1990 RELATING TO PUBLIC
SERVICES AND ACCOMMODATIONS; PROCEDURES FOR
REMEDY OF VIOLATIONS.
(a) Entities Subject to This Section.--The requirements of
this section shall apply to--
(1) each office of the Senate, including each office of a
Senator and each committee;
(2) each office of the House of Representatives, including
each office of a Member of the House of Representatives and
each committee;
(3) each joint committee of the Congress;
(4) the Capitol Guide Service;
(5) the Capitol Police;
(6) the Congressional Budget Office;
(7) the Office of the Architect of the Capitol (including
the Senate Restaurants and the Botanic Garden);
(8) the Office of the Attending Physician;
(9) the Office of Compliance; and
(10) the Office of Technology Assessment.
(b) Discrimination in Public Services and Accommodations.--
(1) Rights and protections.--The rights and protections
against discrimination in the provision of public services
and accommodations established by sections 201 through 230,
302, 303, and 309 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12131-12150, 12182, 12183, and 12189) shall
apply to the entities listed in subsection (a).
(2) Definitions.--For purposes of the application of title
II of the Americans with Disabilities Act of 1990 (42 U.S.C.
12131 et seq.) under this section, the term ``public entity''
means any entity listed in subsection (a) that provides
public services, programs, or activities.
(c) Remedy.--The remedy for a violation of subsection (b)
shall be such remedy as would be appropriate if awarded under
section 203 or 308(a) of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12133, 12188(a)), except that, with
respect to any claim of employment discrimination asserted by
any covered employee, the exclusive remedy shall be under
section 201 of this title.
(d) Available Procedures.--
(1) Charge filed with general counsel.--A qualified
individual with a disability, as defined in section 201(2) of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12131(2)), who alleges a violation of subsection (b) by an
entity listed in subsection (a), may file a charge against
any entity responsible for correcting the violation with the
General Counsel within 180 days of the occurrence of the
alleged violation. The General Counsel shall investigate the
charge.
(2) Mediation.--If, upon investigation under paragraph (1),
the General Counsel believes that a violation of subsection
(b) may have occurred and that mediation may be helpful in
resolving the dispute, the General Counsel may request, but
not participate in, mediation under section 403 between the
charging individual and any entity responsible for correcting
the alleged violation.
(3) Complaint, hearing, board review.--If mediation under
paragraph (2) has not succeeded in resolving the dispute, and
if the General Counsel believes that a violation of
subsection (b) may have occurred, the General Counsel may
file with the Office a complaint against any entity
responsible for correcting the violation. The complaint shall
be submitted to a hearing officer for decision pursuant to
section 405 and any person who has filed a charge under
paragraph (1) may intervene as of right, with the full rights
of a party. The decision of the hearing officer shall be
subject to review by the Board pursuant to section 406.
(4) Judicial review.--A charging individual who has
intervened under paragraph (3) or any respondent to the
complaint, if aggrieved by a final decision of the Board
under paragraph (3), may file a petition for review in the
United States Court of Appeals for the Federal Circuit,
pursuant to section 407.
(e) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Attorney General and the Secretary of
Transportation to implement the statutory provisions referred
to in subsection (b) to the extent that the Board may
determine, for good cause shown and stated together with the
regulation, that a modification of such regulations would be
more effective for the implementation of the rights and
protections under this section.
(f) Periodic Inspections; Report to Congress; Initial
Study.--
(1) Periodic inspections.--On a regular basis, and at least
once each Congress, the General Counsel shall inspect the
facilities of the entities listed in subsection (a) to ensure
compliance with subsection (b).
(2) Report.--On the basis of each periodic inspection, the
General Counsel shall, at least once every Congress, prepare
and submit a report--
(A) to the Speaker of the House of Representatives, the
President pro tempore of the Senate, the Architect of the
Capitol, and to the entity responsible, as determined under
regulations issued by the Board under section 304 of this
Act, for correcting the violation of this section uncovered
by such inspection, and
(B) containing the results of the periodic inspection,
describing any steps necessary to correct any violation of
this section, assessing any limitations in accessibility to
and usability by individuals with disabilities associated
with each violation, and the estimated cost and time needed
for abatement.
(3) Initial period for study and corrective action.--The
period from the date of the enactment of this Act until
December 31, 1996, shall be available to the Office of the
Architect of the Capitol and other entities subject to this
section to identify any violations of subsection (b), to
determine the costs of compliance, and to take any necessary
corrective action to abate any violations. The Office shall
assist the Office of the Architect of the Capitol and other
entities listed in subsection (a) by arranging for
inspections and other technical assistance at their request.
Prior to July 1, 1996, the General Counsel shall conduct a
thorough inspection under paragraph (1) and shall submit the
report under paragraph (2) for the 104th Congress.
(4) Detailed personnel.--The Attorney General, the
Secretary of Transportation, and the Architectural and
Transportation Barriers Compliance Board may, on request of
the Executive Director, detail to the Office such personnel
as may be necessary to advise and assist the Office in
carrying out its duties under this section.
(g) Application of Americans with Disabilities Act of 1990
to the Provision of Public Services and Accommodations by the
General Accounting Office, the Government Printing Office,
and the Library of Congress.--Section 509 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12209)), as amended
by section 201(c) of this Act, is amended by adding the
following new paragraph:
[[Page S68]] ``(6) Enforcement of rights to public services
and accommodations.--The remedies and procedures set forth in
section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16) shall be available to any qualified person with a
disability who is a visitor, guest, or patron of an
instrumentality of Congress and who alleges a violation of
the rights and protections under sections 201 through 230 or
section 302 or 303 of this Act that are made applicable by
this section, except that the authorities of the Equal
Employment Opportunity Commission shall be exercised by the
chief official of the instrumentality of the Congress.''.
(h) Effective Date.--
(1) In general.--Subsections (b), (c), and (d) shall be
effective on January 1, 1997.
(2) General accounting office, government printing office,
and library of congress.--Subsection (g) shall be effective 1
year after transmission to the Congress of the study under
section 230.
PART C--OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
SEC. 215. RIGHTS AND PROTECTIONS UNDER THE OCCUPATIONAL
SAFETY AND HEALTH ACT OF 1970; PROCEDURES FOR
REMEDY OF VIOLATIONS.
(a) Occupational Safety and Health Protections.--
(1) In general.--Each employing office and each covered
employee shall comply with the provisions of section 5 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 654).
(2) Definitions.--For purposes of the application under
this section of the Occupational Safety and Health Act of
1970--
(A) the term ``employer'' as used in such Act means an
employing office;
(B) the term ``employee'' as used in such Act means a
covered employee;
(C) the term ``employing office'' includes the General
Accounting Office and the Library of Congress; and
(D) the term ``employee'' includes employees of the General
Accounting Office and the Library of Congress.
(b) Remedy.--The remedy for a violation of subsection (a)
shall be an order to correct the violation, including such
order as would be appropriate if issued under section 13(a)
of the Occupational Safety and Health Act of 1970 (29 U.S.C.
662(a)).
(c) Procedures.--
(1) Requests for inspections.--Upon written request of any
employing office or covered employee, the General Counsel
shall exercise the authorities granted to the Secretary of
Labor by subsections (a) and (f) of section 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 657(a)
and (f)) to inspect and investigate places of employment
under the jurisdiction of employing offices.
(2) Citations, notices, and notifications.--For purposes of
this section, the General Counsel shall exercise the
authorities granted to the Secretary of Labor in sections 9
and 10 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 658 and 659), to issue--
(A) a citation or notice to any employing office
responsible for correcting a violation of subsection (a), as
determined appropriate by the General Counsel pursuant to
regulations issued by the Board pursuant to section 304; or
(B) a notification to any employing office that the General
Counsel believes has failed to correct a violation for which
a citation has been issued within the period permitted for
its correction.
(3) Hearings and review.--If after issuing a citation or
notification, the General Counsel determines that a violation
has not been corrected, the General Counsel may file a
complaint with the Office against the employing office named
in the citation or notification. The complaint shall be
submitted to a hearing officer for decision pursuant to
section 405, subject to review by the Board pursuant to
section 406.
(4) Variance procedures.--An employing office may request
from the Board an order granting a variance from a standard
made applicable by this section. For the purposes of this
section, the Board shall exercise the authorities granted to
the Secretary of Labor in section 6(b)(6) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655(b)(6)) to act on
any employing office's request for a variance. The Board
shall refer the matter to a hearing officer pursuant to
section 405, subject to review by the Board pursuant to
section 406.
(5) Judicial review.--The General Counsel or employing
office aggrieved by a final decision of the Board under
paragraph (3) or (4), may file a petition for review with the
United States Court of Appeals for the Federal Circuit
pursuant to section 407.
(6) Compliance date.--If a citation of a violation under
this section is received and new appropriated funds are
necessary to abate the violation, abatement shall take place
as soon as possible, but no later than the fiscal year
following the fiscal year in which the citation is issued.
(d) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsection (a) except to
the extent that the Board may determine, for good cause shown
and stated together with the regulation, that a modification
of such regulations would be more effective for the
implementation of the rights and protections under this
section.
(e) Periodic Inspections; Report to Congress.--
(1) Periodic inspections.--On a regular basis, and at least
once each Congress, the General Counsel shall conduct
periodic inspections of all facilities of the House of
Representatives, the Senate, the Capitol Guide Service, the
Capitol Police, the Congressional Budget Office, the Office
of the Architect of the Capitol, the Office of the Attending
Physician, the Office of Compliance, and the Office of
Technology Assessment to report on compliance with subsection
(a).
(2) Report.--On the basis of each periodic inspection, the
General Counsel shall prepare and submit a report--
(A) to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Office of the
Architect of the Capitol or other employing office
responsible, as determined under regulations issued by the
Board under section 304 of this Act, for correcting the
violation of this section uncovered by such inspection, and
(B) containing the results of the periodic inspection,
identifying the employing office responsible for correcting
the violation of this section uncovered by such inspection,
describing any steps necessary to correct any violation of
this section, and assessing any risks to employee health and
safety associated with any violation.
(3) Action after report.--If a report identifies any
violation of this section, the General Counsel shall issue a
citation or notice in accordance with subsection (c)(2)(A).
(4) Detailed personnel.--The Secretary of Labor may, on
request of the Executive Director, detail to the Office such
personnel as may be necessary to advise and assist the Office
in carrying out its duties under this section.
(f) Initial Period for Study and Corrective Action.--The
period from the date of the enactment of this Act until
December 31, 1996, shall be available to the Office of the
Architect of the Capitol and other employing offices to
identify any violations of subsection (a), to determine the
costs of compliance, and to take any necessary corrective
action to abate any violations. The Office shall assist the
Office of the Architect of the Capitol and other employing
offices by arranging for inspections and other technical
assistance at their request. Prior to July 1, 1996, the
General Counsel shall conduct a thorough inspection under
subsection (e)(1) and shall submit the report under
subsection (e)(2) for the 104th Congress.
(g) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
subsections (a), (b), (c), and (e)(3) shall be effective on
January 1, 1997.
(2) General accounting office and library of congress.--
This section shall be effective with respect to the General
Accounting Office and the Library of Congress 1 year after
transmission to the Congress of the study under section 230.
PART D--LABOR-MANAGEMENT RELATIONS
SEC. 220. APPLICATION OF CHAPTER 71 OF TITLE 5, UNITED STATES
CODE, RELATING TO FEDERAL SERVICE LABOR-
MANAGEMENT RELATIONS; PROCEDURES FOR REMEDY OF
VIOLATIONS.
(a) Labor-Management Rights.--
(1) In general.--Subject to subsection (d), the rights,
protections, and responsibilities established under sections
7102, 7106, 7111 through 7117, 7119 through 7122, and 7131 of
title 5, United States Code, shall apply to employing offices
and to covered employees and representatives of those
employees.
(2) Definition.--For purposes of the application under this
section of the sections referred to in paragraph (1), the
term ``agency'' shall be deemed to include an employing
office.
(b) Remedy.--The remedy for a violation of subsection (a)
shall be such remedy, including a remedy under section
7118(a)(7) of title 5, United States Code, as would be
appropriate if awarded by the Federal Labor Relations
Authority to remedy a violation of any provision made
applicable by subsection (a).
(c) Authorities and Procedures for Implementation and
Enforcement.--
(1) General authorities of the board; petitions.--For
purposes of this section and except as otherwise provided in
this section, the Board shall exercise the authorities of the
Federal Labor Relations Authority under sections 7105, 7111,
7112, 7113, 7115, 7117, 7118, and 7122 of title 5, United
States Code, and of the President under section 7103(b) of
title 5, United States Code. For purposes of this section,
any petition or other submission that, under chapter 71 of
title 5, United States Code, would be submitted to the
Federal Labor Relations Authority shall, if brought under
this section, be submitted to the Board. The Board shall
refer any matter under this paragraph to a hearing officer
for decision pursuant to section 405, subject to review by
the Board pursuant to section 406. The Board may direct that
the General Counsel carry out the Board's investigative
authorities under this paragraph.
(2) General authorities of the general counsel; charges of
unfair labor practice.--For purposes of this section and
except as otherwise provided in this section, the General
Counsel shall exercise the authorities of the General Counsel
of the Federal Labor Relations Authority under sections 7104
and 7118 of title 5, United States Code. For purposes of this
section, any
[[Page S69]] charge or other submission that, under chapter
71 of title 5, United States Code, would be submitted to the
General Counsel of the Federal Labor Relations Authority
shall, if brought under this section, be submitted to the
General Counsel. If any person charges an employing office or
a labor organization with having engaged in or engaging in an
unfair labor practice and makes such charge within 180 days
of the occurrence of the alleged unfair labor practice, the
General Counsel shall investigate the charge and may file a
complaint with the Office. The complaint shall be submitted
to a hearing officer for decision pursuant to section 405,
subject to review by the Board pursuant to section 406.
(3) Judicial review.--Except for matters referred to in
paragraphs (1) and (2) of section 7123(a) of title 5, United
States Code, the General Counsel or the respondent to the
complaint, if aggrieved by a final decision of the Board
under paragraphs (1) and (2) of this subsection may file a
petition for judicial review in the United States Court of
Appeals for the Federal Circuit pursuant to section 407.
(4) Exercise of impasses panel authority; requests.--For
purposes of this section and except as otherwise provided in
this section, the Board shall exercise the authorities of the
Federal Service Impasses Panel under section 7119 of title 5,
United States Code. For purposes of this section, any request
that, under chapter 71 of title 5, United States Code, would
be presented to the Federal Service Impasses Panel shall, if
made under this section, be presented to the Board. At the
request of the Board, the Executive Director shall appoint a
mediator or mediators to perform the functions of the Federal
Service Impasses Panel under section 7119 of title 5, United
States Code.
(c) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--Except as provided in subsection
(d), the regulations issued under paragraph (1) shall be the
same as substantive regulations promulgated by the Federal
Labor Relations Authority to implement the statutory
provisions referred to in subsection (a) except--
(A) to the extent that the Board may determine, for good
cause shown and stated together with the regulation, that a
modification of such regulations would be more effective for
the implementation of the rights and protections under this
section; or
(B) as the Board deems necessary to avoid a conflict of
interest or appearance of a conflict of interest.
(d) Specific Regulations Regarding Application to Certain
Offices of Congress.--
(1) Regulations required.--The Board shall issue
regulations pursuant to section 304 on the manner and extent
to which the requirements and exemptions of chapter 71 of
title 5, United States Code, should apply to covered
employees who are employed in the offices listed in paragraph
(2). The regulations shall, to the greatest extent
practicable, be consistent with the provisions and purposes
of chapter 71 of title 5, United States Code and of this Act,
and shall be the same as substantive regulations issued by
the Federal Labor Relations Authority under such chapter,
except--
(A) to the extent that the Board may determine, for good
cause shown and stated together with the regulation, that a
modification of such regulations would be more effective for
the implementation of the rights and protections under this
section; and
(B) that the Board shall exclude from coverage under this
section any covered employees who are employed in offices
listed in paragraph (2) if the Board determines that such
exclusion is required because of--
(i) a conflict of interest or appearance of a conflict of
interest; or
(ii) Congress's constitutional responsibilities.
(2) Offices referred to.--The offices referred to in
paragraph (1) include--
(A) the personal office of any Member of the House of
Representatives or of any Senator;
(B) a standing, select, special, permanent, temporary, or
other committee of the Senate or House of Representatives, or
a joint committee of Congress;
(C) the Office of the Vice President (as President of the
Senate), the Office of the President pro tempore of the
Senate, the Office of the Majority Leader of the Senate, the
Office of the Minority Leader of the Senate, the Office of
the Majority Whip of the Senate, the Office of the Minority
Whip of the Senate, the Conference of the Majority of the
Senate, the Conference of the Minority of the Senate, the
Office of the Secretary of the Conference of the Majority of
the Senate, the Office of the Secretary of the Conference of
the Minority of the Senate, the Office of the Secretary for
the Majority of the Senate, the Office of the Secretary for
the Minority of the Senate, the Majority Policy Committee of
the Senate, the Minority Policy Committee of the Senate, and
the following offices within the Office of the Secretary of
the Senate: Offices of the Parliamentarian, Bill Clerk,
Legislative Clerk, Journal Clerk, Executive Clerk, Enrolling
Clerk, Official Reporters of Debate, Daily Digest, Printing
Services, Captioning Services, and Senate Chief Counsel for
Employment;
(D) the Office of the Speaker of the House of
Representatives, the Office of the Majority Leader of the
House of Representatives, the Office of the Minority Leader
of the House of Representatives, the Offices of the Chief
Deputy Majority Whips, the Offices of the Chief Deputy
Minority Whips and the following offices within the Office of
the Clerk of the House of Representatives: Offices of
Legislative Operations, Official Reporters of Debate,
Official Reporters to Committees, Printing Services, and
Legislative Information;
(E) the Office of the Legislative Counsel of the Senate,
the Office of the Senate Legal Counsel, the Office of the
Legislative Counsel of the House of Representatives, the
Office of the General Counsel of the House of
Representatives, the Office of the Parliamentarian of the
House of Representatives, and the Office of the Law Revision
Counsel;
(F) the offices of any caucus or party organization;
(G) the Congressional Budget Office, the Office of
Technology Assessment, and the Office of Compliance; and
(H) such other offices that perform comparable functions
which are identified under regulations of the Board.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
subsections (a) and (b) shall be effective on October 1,
1996.
(2) Certain offices.--With respect to the offices listed in
subsection (d)(2), to the covered employees of such offices,
and to representatives of such employees, subsections (a) and
(b) shall be effective on the effective date of regulations
under subsection (d).
PART E--GENERAL
SEC. 225. GENERALLY APPLICABLE REMEDIES AND LIMITATIONS.
(a) Attorney's Fees.--If a covered employee, with respect
to any claim under this Act, or a qualified person with a
disability, with respect to any claim under section 210, is a
prevailing party in any proceeding under section 405, 406,
407, or 408, the hearing officer, Board, or court, as the
case may be, may award attorney's fees, expert witness fees,
and any other costs as would be appropriate if awarded under
section 706(k) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-5(k)).
(b) Interest.--In any proceeding under section 405, 406,
407, or 408, the same interest to compensate for delay in
payment shall be made available as would be appropriate if
awarded under section 717(d) of the Civil Rights Act of 1964
(42 U.S.C. 2000e-16(d)).
(c) Civil Penalties and Punitive Damages.--No civil penalty
or punitive damages may be awarded with respect to any claim
under this Act.
(d) Exclusive Procedure.--
(1) In general.--Except as provided in paragraph (2), no
person may commence an administrative or judicial proceeding
to seek a remedy for the rights and protections afforded by
this Act except as provided in this Act.
(2) Veterans.--A covered employee under section 206 may
also utilize any provisions of chapter 43 of title 38, United
States Code, that are applicable to that employee.
(e) Scope of Remedy.--Only a covered employee who has
undertaken and completed the procedures described in sections
402 and 403 may be granted a remedy under part A of this
title.
(f) Construction.--
(1) Definitions and exemptions.--Except where inconsistent
with definitions and exemptions provided in this Act, the
definitions and exemptions in the laws made applicable by
this Act shall apply under this Act.
(2) Size limitations.--Notwithstanding paragraph (1),
provisions in the laws made applicable under this Act (other
than the Worker Adjustment and Retraining Notification Act)
determining coverage based on size, whether expressed in
terms of numbers of employees, amount of business transacted,
or other measure, shall not apply in determining coverage
under this Act.
(3) Executive branch enforcement.--This Act shall not be
construed to authorize enforcement by the executive branch of
this Act.
PART F--STUDY
SEC. 230. STUDY AND RECOMMENDATIONS REGARDING GENERAL
ACCOUNTING OFFICE, GOVERNMENT PRINTING OFFICE,
AND LIBRARY OF CONGRESS.
(a) In General.--The Administrative Conference of the
United States shall undertake a study of--
(1) the application of the laws listed in subsection (b)
to--
(A) the General Accounting Office;
(B) the Government Printing Office; and
(C) the Library of Congress; and
(2) the regulations and procedures used by the entities
referred to in paragraph (1) to apply and enforce such laws
to themselves and their employees.
(b) Applicable Statutes.--The study under this section
shall consider the application of the following laws:
(1) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), and related provisions of section 2302 of
title 5, United States Code.
(2) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.), and related provisions of section 2302
of title 5, United States Code.
(3) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), and related provisions of section 2302 of
title 5, United States Code.
[[Page S70]] (4) The Family and Medical Leave Act of 1993
(29 U.S.C. 2611 et seq.), and related provisions of sections
6381 through 6387 of title 5, United States Code.
(5) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.), and related provisions of sections 5541 through 5550a
of title 5, United States Code.
(6) The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.), and related provisions of section 7902
of title 5, United States Code.
(7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(8) Chapter 71 (relating to Federal service labor-
management relations) of title 5, United States Code.
(9) The General Accounting Office Personnel Act of 1980 (31
U.S.C. 731 et seq.).
(10) The Employee Polygraph Protection Act of 1988 (29
U.S.C. 2001 et seq.).
(11) The Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2101 et seq.).
(12) Chapter 43 (relating to veterans' employment and
reemployment) of title 38, United States Code.
(c) Contents of Study and Recommendations.--The study under
this section shall evaluate whether the rights, protections,
and procedures, including administrative and judicial relief,
applicable to the entities listed in paragraph (1) of
subsection (a) and their employees are comprehensive and
effective and shall include recommendations for any
improvements in regulations or legislation, including
proposed regulatory or legislative language.
(d) Deadline and Delivery of Study.--Not later than 2 years
after the date of the enactment of this Act--
(1) the Administrative Conference of the United States
shall prepare and complete the study and recommendations
required under this section and shall submit the study and
recommendations to the Board; and
(2) the Board shall transmit such study and recommendations
(with the Board's comments) to the head of each entity
considered in the study, and to the Congress by delivery to
the Speaker of the House of Representatives and President pro
tempore of the Senate for referral to the appropriate
committees of the House of Representatives and of the Senate.
TITLE III--OFFICE OF COMPLIANCE
SEC. 301. ESTABLISHMENT OF OFFICE OF COMPLIANCE.
(a) Establishment.--There is established, as an independent
office within the legislative branch of the Federal
Government, the Office of Compliance.
(b) Board of directors.--The Office shall have a Board of
Directors. The Board shall consist of 5 individuals appointed
jointly by the Speaker of the House of Representatives, the
Majority Leader of the Senate, and the Minority Leaders of
the House of Representatives and the Senate. Appointments of
the first 5 members of the Board shall be completed not later
than 90 days after the date of the enactment of this Act.
(c) Chair.--The Chair shall be appointed from members of
the Board jointly by the Speaker of the House of
Representatives, the Majority Leader of the Senate, and the
Minority Leaders of the House of Representatives and the
Senate.
(d) Board of Directors Qualifications.--
(1) Specific qualifications.--Selection and appointment of
members of the Board shall be without regard to political
affiliation and solely on the basis of fitness to perform the
duties of the Office. Members of the Board shall have
training or experience in the application of the rights,
protections, and remedies under one or more of the laws made
applicable under section 102.
(2) Disqualifications for appointments.--
(A) Lobbying.--No individual who engages in, or is
otherwise employed in, lobbying of the Congress and who is
required under the Federal Regulation of Lobbying Act to
register with the Clerk of the House of Representatives or
the Secretary of the Senate shall be eligible for appointment
to, or service on, the Board.
(B) Incompatible office.--No member of the Board appointed
under subsection (b) may hold or may have held the position
of Member of the House of Representatives or Senator, may
hold the position of officer or employee of the House of
Representatives, Senate, or instrumentality or other entity
of the legislative branch, or may have held such a position
(other than the position of an officer or employee of the
General Accounting Office Personnel Appeals Board, an officer
or employee of the Office of Fair Employment Practices of the
House of Representatives, or officer or employee of the
Office of Fair Employment Practices of the Senate) within 4
years of the date of appointment.
(3) Vacancies.--A vacancy on the Board shall be filled in
the manner in which the original appointment was made.
(e) Term of Office.--
(1) In general.--Except as provided in paragraph (2),
membership on the Board shall be for 5 years. A member of the
Board who is appointed to a term of office of more than 3
years shall only be eligible for appointment for a single
term of office.
(2) First appointments.--Of the members first appointed to
the Board--
(A) 1 shall have a term of office of 3 years,
(B) 2 shall have a term of office of 4 years, and
(C) 2 shall have a term of office of 5 years, 1 of whom
shall be the Chair,
as designated at the time of appointment by the persons
specified in subsection (b).
(f) Removal.--
(1) Authority.--Any member of the Board may be removed from
office by a majority decision of the appointing authorities
described in subsection (b), but only for--
(A) disability that substantially prevents the member from
carrying out the duties of the member,
(B) incompetence,
(C) neglect of duty,
(D) malfeasance, including a felony or conduct involving
moral turpitude, or
(E) holding an office or employment or engaging in an
activity that disqualifies the individual from service as a
member of the Board under subsection (d)(2).
(2) Statement of reasons for removal.--In removing a member
of the Board, the Speaker of the House of Representatives and
the President pro tempore of the Senate shall state in
writing to the member of the Board being removed the specific
reasons for the removal.
(g) Compensation.--
(1) Per diem.--Each member of the Board shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Board. The rate of pay of a member may be prorated
based on the portion of the day during which the member is
engaged in the performance of Board duties.
(2) Travel expenses.--Each member of the Board shall
receive travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, for each day the member is engaged in the performance
of duties away from the home or regular place of business of
the member.
(h) Duties.--The Office shall--
(1) carry out a program of education for Members of
Congress and other employing authorities of the legislative
branch of the Federal Government respecting the laws made
applicable to them and a program to inform individuals of
their rights under laws applicable to the legislative branch
of the Federal Government;
(2) in carrying out the program under paragraph (1),
distribute the telephone number and address of the Office,
procedures for action under title IV, and any other
information appropriate for distribution, distribute such
information to employing offices in a manner suitable for
posting, provide such information to new employees of
employing offices, distribute such information to the
residences of covered employees, and conduct seminars and
other activities designed to educate employing offices and
covered employees; and
(3) compile and publish statistics on the use of the Office
by covered employees, including the number and type of
contacts made with the Office, on the reason for such
contacts, on the number of covered employees who initiated
proceedings with the Office under this Act and the result of
such proceedings, and on the number of covered employees who
filed a complaint, the basis for the complaint, and the
action taken on the complaint.
(i) Congressional Oversight.--The Board and the Office
shall be subject to oversight (except with respect to the
disposition of individual cases) by the Committee on Rules
and Administration and the Committee on Governmental Affairs
of the Senate and the Committee on House Oversight of the
House of Representatives.
(j) Opening of Office.--The Office shall be open for
business, including receipt of requests for counseling under
section 402, not later than 1 year after the date of the
enactment of this Act.
(k) Financial Disclosure Reports.--Members of the Board and
officers and employees of the Office shall file the financial
disclosure reports required under title I of the Ethics in
Government Act of 1978 with the Clerk of the House of
Representatives.
SEC. 302. OFFICERS, STAFF, AND OTHER PERSONNEL.
(a) Executive Director.--
(1) Appointment and removal.--
(A) In general.--The Chair, subject to the approval of the
Board, shall appoint and may remove an Executive Director.
Selection and appointment of the Executive Director shall be
without regard to political affiliation and solely on the
basis of fitness to perform the duties of the Office. The
first Executive Director shall be appointed no later than 90
days after the initial appointment of the Board of Directors.
(B) Qualifications.-- The Executive Director shall be an
individual with training or expertise in the application of
laws referred to in section 102(a).
(C) Disqualifications.--The disqualifications in section
301(d)(2) shall apply to the appointment of the Executive
Director.
(2) Compensation.--The Chair may fix the compensation of
the Executive Director. The rate of pay for the Executive
Director may not exceed the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(3) Term.--The term of office of the Executive Director
shall be a single term of 5 years, except that the first
Executive Director shall have a single term of 7 years.
[[Page S71]] (4) Duties.--The Executive Director shall
serve as the chief operating officer of the Office. Except as
otherwise specified in this Act, the Executive Director shall
carry out all of the responsibilities of the Office under
this Act.
(b) Deputy Executive Directors.--
(1) In general.--The Chair, subject to the approval of the
Board, shall appoint and may remove a Deputy Executive
Director for the Senate and a Deputy Executive Director for
the House of Representatives. Selection and appointment of a
Deputy Executive Director shall be without regard to
political affiliation and solely on the basis of fitness to
perform the duties of the office. The disqualifications in
section 301(d)(2) shall apply to the appointment of a Deputy
Executive Director.
(2) Term.--The term of office of a Deputy Executive
Director shall be a single term of 5 years, except that the
first Deputy Executive Directors shall have a single term of
6 years.
(3) Compensation.--The Chair may fix the compensation of
the Deputy Executive Directors. The rate of pay for a Deputy
Executive Director may not exceed 96 percent of the annual
rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(4) Duties.--The Deputy Executive Director for the Senate
shall recommend to the Board regulations under section
304(a)(2)(B)(i), maintain the regulations and all records
pertaining to the regulations, and shall assume such other
responsibilities as may be delegated by the Executive
Director. The Deputy Executive Director for the House of
Representatives shall recommend to the Board the regulations
under section 304(a)(2)(B)(ii), maintain the regulations and
all records pertaining to the regulations, and shall assume
such other responsibilities as may be delegated by the
Executive Director.
(c) General Counsel.--
(1) In general.--The Chair, subject to the approval of the
Board, shall appoint a General Counsel. Selection and
appointment of the General Counsel shall be without regard to
political affiliation and solely on the basis of fitness to
perform the duties of the Office. The disqualifications in
section 301(d)(2) shall apply to the appointment of a General
Counsel.
(2) Compensation.--The Chair may fix the compensation of
the General Counsel. The rate of pay for the General Counsel
may not exceed the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of title
5, United States Code.
(3) Duties.--The General Counsel shall--
(A) exercise the authorities and perform the duties of the
General Counsel as specified in this Act; and
(B) otherwise assist the Board and the Executive Director
in carrying out their duties and powers, including
representing the Office in any judicial proceeding under this
Act.
(4) Attorneys in the office of the general counsel.--The
General Counsel shall appoint, and fix the compensation of,
and may remove, such additional attorneys as may be necessary
to enable the General Counsel to perform the General
Counsel's duties.
(5) Term.--The term of office of the General Counsel shall
be a single term of 5 years.
(6) Removal.--
(A) Authority.--The General Counsel may be removed from
office by the Chair but only for--
(i) disability that substantially prevents the General
Counsel from carrying out the duties of the General Counsel,
(ii) incompetence,
(iii) neglect of duty,
(iv) malfeasance, including a felony or conduct involving
moral turpitude, or
(v) holding an office or employment or engaging in an
activity that disqualifies the individual from service as the
General Counsel under paragraph (1).
(B) Statement of reasons for removal.--In removing the
General Counsel, the Speaker of the House of Representatives
and the President pro tempore of the Senate shall state in
writing to the General Counsel the specific reasons for the
removal.
(d) Other Staff.--The Executive Director shall appoint, and
fix the compensation of, and may remove, such other
additional staff, including hearing officers, but not
including attorneys employed in the office of the General
Counsel, as may be necessary to enable the Office to perform
its duties.
(e) Detailed Personnel.--The Executive Director may, with
the prior consent of the department or agency of the Federal
Government concerned, use on a reimbursable or
nonreimbursable basis the services of personnel of any such
department or agency, including the services of members or
personnel of the General Accounting Office Personnel Appeals
Board.
(f) Consultants.--In carrying out the functions of the
Office, the Executive Director may procure the temporary (not
to exceed 1 year) or intermittent services of consultants.
SEC. 303. PROCEDURAL RULES.
(a) In General.--The Executive Director shall, subject to
the approval of the Board, adopt rules governing the
procedures of the Office, including the procedures of hearing
officers, which shall be submitted for publication in the
Congressional Record. The rules may be amended in the same
manner.
(b) Procedure.--The Executive Director shall adopt rules
referred to in subsection (a) in accordance with the
principles and procedures set forth in section 553 of title
5, United States Code. The Executive Director shall publish a
general notice of proposed rulemaking under section 553(b) of
title 5, United States Code, but, instead of publication of a
general notice of proposed rulemaking in the Federal
Register, the Executive Director shall transmit such notice
to the Speaker of the House of Representatives and the
President pro tempore of the Senate for publication in the
Congressional Record on the first day on which both Houses
are in session following such transmittal. Before issuing
rules, the Executive Director shall provide a comment period
of at least 30 days after publication of a general notice of
proposed rulemaking. Upon adopting rules, the Executive
Director shall transmit notice of such action together with a
copy of such rules to the Speaker of the House of
Representatives and the President pro tempore of the Senate
for publication in the Congressional Record on the first day
on which both Houses are in session following such
transmittal. Rules shall be considered issued by the
Executive Director as of the date on which they are published
in the Congressional Record.
SEC. 304. SUBSTANTIVE REGULATIONS.
(a) Regulations.--
(1) In general.--The procedures applicable to the
regulations of the Board issued for the implementation of
this Act, which shall include regulations the Board is
required to issue under title II (including regulations on
the appropriate application of exemptions under the laws made
applicable in title II) are as prescribed in this section.
(2) Rulemaking procedure.--Such regulations of the Board--
(A) shall be adopted, approved, and issued in accordance
with subsection (b);
(B) shall consist of 3 separate bodies of regulations,
which shall apply, respectively, to--
(i) the Senate and employees of the Senate;
(ii) the House of Representatives and employees of the
House of Representatives; and
(iii) all other covered employees and employing offices.
(b) Adoption by the Board.--The Board shall adopt the
regulations referred to in subsection (a)(1) in accordance
with the principles and procedures set forth in section 553
of title 5, United States Code, and as provided in the
following provisions of this subsection:
(1) Proposal.--The Board shall publish a general notice of
proposed rulemaking under section 553(b) of title 5, United
States Code, but, instead of publication of a general notice
of proposed rulemaking in the Federal Register, the Board
shall transmit such notice to the Speaker of the House of
Representatives and the President pro tempore of the Senate
for publication in the Congressional Record on the first day
on which both Houses are in session following such
transmittal. Such notice shall set forth the recommendations
of the Deputy Director for the Senate in regard to
regulations under subsection (a)(2)(B)(i), the
recommendations of the Deputy Director for the House of
Representatives in regard to regulations under subsection
(a)(2)(B)(ii), and the recommendations of the Executive
Director for regulations under subsection (a)(2)(B)(iii).
(2) Comment.--Before adopting regulations, the Board shall
provide a comment period of at least 30 days after
publication of a general notice of proposed rulemaking.
(3) Adoption.--After considering comments, the Board shall
adopt regulations and shall transmit notice of such action
together with a copy of such regulations to the Speaker of
the House of Representatives and the President pro tempore of
the Senate for publication in the Congressional Record on the
first day on which both Houses are in session following such
transmittal.
(4) Recommendation as to method of approval.--The Board
shall include a recommendation in the general notice of
proposed rulemaking and in the regulations as to whether the
regulations should be approved by resolution of the Senate,
by resolution of the House of Representatives, by concurrent
resolution, or by joint resolution.
(c) Approval of Regulations.--
(1) In general.--Regulations referred to in paragraph
(2)(B)(i) of subsection (a) may be approved by the Senate by
resolution or by the Congress by concurrent resolution or by
joint resolution. Regulations referred to in paragraph
(2)(B)(ii) of subsection (a) may be approved by the House of
Representatives by resolution or by the Congress by
concurrent resolution or by joint resolution. Regulations
referred to in paragraph (2)(B)(iii) may be approved by
Congress by concurrent resolution or by joint resolution.
(2) Referral.--Upon receipt of a notice of adoption of
regulations under subsection (b)(3), the presiding officers
of the House of Representatives and the Senate shall refer
such notice, together with a copy of such regulations, to the
appropriate committee or committees of the House of
Representatives and of the Senate. The purpose of the
referral shall be to consider whether such regulations should
be approved, and, if so, whether such approval should be by
resolution of the House of Representatives or of the Senate,
by concurrent resolution or by joint resolution.
(3) Joint Referral and Discharge in the Senate.--The
presiding officer of the Senate may refer the notice of
issuance of regulations, or any resolution of approval of
regulations, to one committee or jointly to more than one
committee. If a committee of the Senate acts to report a
jointly referred measure, any other committee of the Senate
[[Page S72]] must act within 30 calendar days of continuous
session, or be automatically discharged.
(4) One-house resolution or concurrent resolution.--In the
case of a resolution of the House of Representatives or the
Senate or a concurrent resolution referred to in paragraph
(1), the matter after the resolving clause shall be the
following: ``The following regulations issued by the Office
of Compliance on ____ are hereby approved:'' (the blank space
being appropriately filled in, and the text of the
regulations being set forth).
(5) Joint resolution.--In the case of a joint resolution
referred to in paragraph (1), the matter after the resolving
clause shall be the following: ``The following regulations
issued by the Office of Compliance on ____ are hereby
approved and shall have the force and effect of law:'' (the
blank space being appropriately filled in, and the text of
the regulations being set forth).
(d) Issuance and Effective Date.--
(1) Publication.--After approval of regulations under
subsection (c), the Board shall submit the regulations to the
Speaker of the House of Representatives and the President pro
tempore of the Senate for publication in the Congressional
Record on the first day on which both Houses are in session
following such transmittal.
(2) Date of issuance.--The date of issuance of regulations
shall be the date on which they are published in the
Congressional Record.
(3) Effective date.--Regulations shall become effective not
less than 60 days after the regulations are issued, except
that the Board may provide for an earlier effective date for
good cause found (within the meaning of section 553(d)(3) of
title 5, United States Code) and published with the
regulation.
(e) Amendment of Regulations.--Regulations may be amended
in the same manner as is described in this section for the
adoption, approval, and issuance of regulations, except that
the Board may, in its discretion, dispense with publication
of a general notice of proposed rulemaking of minor,
technical, or urgent amendments that satisfy the criteria for
dispensing with publication of such notice pursuant to
section 553(b)(B) of title 5, United States Code.
(f) Right To Petition for Rulemaking.--Any interested party
may petition to the Board for the issuance, amendment, or
repeal of a regulation.
(g) Consultation.--The Executive Director, the Deputy
Directors, and the Board--
(1) shall consult, with regard to the development of
regulations, with--
(A) the Chair of the Administrative Conference of the
United States;
(B) the Secretary of Labor;
(C) the Federal Labor Relations Authority; and
(D) the Director of the Office of Personnel Management; and
(2) may consult with any other persons with whom
consultation, in the opinion of the Board, the Executive
Director, or Deputy Directors, may be helpful.
SEC. 305. EXPENSES.
(a) Authorization of Appropriations.--Beginning in fiscal
year 1995, and for each fiscal year thereafter, there are
authorized to be appropriated for the expenses of the Office
such sums as may be necessary to carry out the functions of
the Office. Until sums are first appropriated pursuant to the
preceding sentence, but for a period not exceeding 12 months
following the date of the enactment of this Act--
(1) one-half of the expenses of the Office shall be paid
from funds appropriated for allowances and expenses of the
House of Representatives, and
(2) one-half of the expenses of the Office shall be paid
from funds appropriated for allowances and expenses of the
Senate,
upon vouchers approved by the Executive Director.
(b) Witness Fees and Allowances.--Except for covered
employees, witnesses before a hearing officer or the Board in
any proceeding under this Act other than rulemaking shall be
paid the same fee and mileage allowances as are paid
subpoenaed witnesses in the courts of the United States.
Covered employees who are summoned, or are assigned by their
employer, to testify in their official capacity or to produce
official records in any proceeding under this Act shall be
entitled to travel expenses under subchapter I and section
5751 of chapter 57 of title 5, United States Code.
TITLE IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.
Except as otherwise provided, the procedure for
consideration of alleged violations of part A of title II
consists of--
(1) counseling as provided in section 402;
(2) mediation as provided in section 403; and
(3) election, as provided in section 404, of either--
(A) a formal complaint and hearing as provided in section
405, subject to Board review as provided in section 406, and
judicial review in the United States Court of Appeals for the
Federal Circuit as provided in section 407, or
(B) a civil action in a district court of the United States
as provided in section 408.
In the case of an employee of the Office of the Architect of
the Capitol or of the Capitol Police, the Executive Director,
after receiving a request for counseling under section 402,
may recommend that the employee use the grievance procedures
of the Architect of the Capitol or the Capitol Police for
resolution of the employee's grievance for a specific period
of time, which shall not count against the time available for
counseling or mediation.
SEC. 402. COUNSELING.
(a) In General.--To commence a proceeding, a covered
employee alleging a violation of a law made applicable under
part A of title II shall request counseling by the Office.
The Office shall provide the employee with all relevant
information with respect to the rights of the employee. A
request for counseling shall be made not later than 180 days
after the date of the alleged violation.
(b) Period of Counseling.--The period for counseling shall
be 30 days unless the employee and the Office agree to reduce
the period. The period shall begin on the date the request
for counseling is received.
(c) Notification of End of Counseling Period.--The Office
shall notify the employee in writing when the counseling
period has ended.
SEC. 403. MEDIATION.
(a) Initiation.--Not later than 15 days after the end of
the counseling period under section 402, but prior to and as
a condition of making an election under section 404, the
covered employee who alleged a violation of a law shall file
a request for mediation with the Office.
(b) Process.--Mediation under this section--
(1) may include the Office, the covered employee, the
employing office, and one or more individuals appointed by
the Executive Director after considering recommendations by
organizations composed primarily of individuals experienced
in adjudicating or arbitrating personnel matters, and
(2) shall involve meetings with the parties separately or
jointly for the purpose of resolving the dispute between the
covered employee and the employing office.
(c) Mediation Period.--The mediation period shall be 30
days beginning on the date the request for mediation is
received. The mediation period may be extended for additional
periods at the joint request of the covered employee and the
employing office. The Office shall notify in writing the
covered employee and the employing office when the mediation
period has ended.
(d) Independence of Mediation Process.--No individual, who
is appointed by the Executive Director to mediate, may
conduct or aid in a hearing conducted under section 405 with
respect to the same matter or shall be subject to subpoena or
any other compulsory process with respect to the same matter.
SEC. 404. ELECTION OF PROCEEDING.
Not later than 90 days after a covered employee receives
notice of the end of the period of mediation, but no sooner
than 30 days after receipt of such notification, such covered
employee may either--
(1) file a complaint with the Office in accordance with
section 405, or
(2) file a civil action in accordance with section 408 in
the United States district court for the district in which
the employee is employed or for the District of Columbia.
SEC. 405. COMPLAINT AND HEARING.
(a) In General.--A covered employee may, upon the
completion of mediation under section 403, file a complaint
with the Office. The respondent to the complaint shall be the
employing office--
(1) involved in the violation, or
(2) in which the violation is alleged to have occurred,
and about which mediation was conducted.
(b) Dismissal.--A hearing officer may dismiss any claim
that the hearing officer finds to be frivolous or that fails
to state a claim upon which relief may be granted.
(c) Hearing Officer.--
(1) Appointment.--Upon the filing of a complaint, the
Executive Director shall appoint an independent hearing
officer to consider the complaint and render a decision. No
Member of the House of Representatives, Senator, officer of
either the House of Representatives or the Senate, head of an
employing office, member of the Board, or covered employee
may be appointed to be a hearing officer. The Executive
Director shall select hearing officers on a rotational or
random basis from the lists developed under paragraph (2).
Nothing in this section shall prevent the appointment of
hearing officers as full-time employees of the Office or the
selection of hearing officers on the basis of specialized
expertise needed for particular matters.
(2) Lists.--The Executive Director shall develop master
lists, composed of--
(A) members of the bar of a State or the District of
Columbia and retired judges of the United States courts who
are experienced in adjudicating or arbitrating the kinds of
personnel and other matters for which hearings may be held
under this Act, and
(B) individuals expert in technical matters relating to
accessibility and usability by persons with disabilities or
technical matters relating to occupational safety and health.
In developing lists, the Executive Director shall consider
candidates recommended by the Federal Mediation and
Conciliation Service or the Administrative Conference of the
United States.
(d) Hearing.--Unless a complaint is dismissed before a
hearing, a hearing shall be--
[[Page S73]] (1) conducted in closed session on the record
by the hearing officer;
(2) commenced no later than 60 days after filing of the
complaint under subsection (b), except that the Office may,
for good cause, extend up to an additional 30 days the time
for commencing a hearing; and
(3) conducted, except as specifically provided in this Act
and to the greatest extent practicable, in accordance with
the principles and procedures set forth in sections 554
through 557 of title 5, United States Code.
(e) Discovery.--Reasonable prehearing discovery may be
permitted at the discretion of the hearing officer.
(f) Subpoenas.--
(1) In general.--At the request of a party, a hearing
officer may issue subpoenas for the attendance of witnesses
and for the production of correspondence, books, papers,
documents, and other records. The attendance of witnesses and
the production of records may be required from any place
within the United States. Subpoenas shall be served in the
manner provided under rule 45(b) of the Federal Rules of
Civil Procedure.
(2) Objections.--If a person refuses, on the basis of
relevance, privilege, or other objection, to testify in
response to a question or to produce records in connection
with a proceeding before a hearing officer, the hearing
officer shall rule on the objection. At the request of the
witness or any party, the hearing officer shall (or on the
hearing officer's own initiative, the hearing officer may)
refer the ruling to the Board for review.
(3) Enforcement.--
(A) In general.--If a person fails to comply with a
subpoena, the Board may authorize the General Counsel to
apply, in the name of the Office, to an appropriate United
States district court for an order requiring that person to
appear before the hearing officer to give testimony or
produce records. The application may be made within the
judicial district where the hearing is conducted or where
that person is found, resides, or transacts business. Any
failure to obey a lawful order of the district court issued
pursuant to this section may be held by such court to be a
civil contempt thereof.
(B) Service of process.--Process in an action or contempt
proceeding pursuant to subparagraph (A) may be served in any
judicial district in which the person refusing or failing to
comply, or threatening to refuse or not to comply, resides,
transacts business, or may be found, and subpoenas for
witnesses who are required to attend such proceedings may run
into any other district.
(g) Decision.--The hearing officer shall issue a written
decision as expeditiously as possible, but in no case more
than 90 days after the conclusion of the hearing. The written
decision shall be transmitted by the Office to the parties.
The decision shall state the issues raised in the complaint,
describe the evidence in the record, contain findings of fact
and conclusions of law, contain a determination of whether a
violation has occurred, and order such remedies as are
appropriate pursuant to title II. The decision shall be
entered in the records of the Office. If a decision is not
appealed under section 406 to the Board, the decision shall
be considered the final decision of the Office.
(h) Precedents.--A hearing officer who conducts a hearing
under this section shall be guided by judicial decisions
under the laws made applicable by section 102 and by Board
decisions under this Act.
SEC. 406. APPEAL TO THE BOARD.
(a) In General.--Any party aggrieved by the decision of a
hearing officer under section 405(g) may file a petition for
review by the Board not later than 30 days after entry of the
decision in the records of the Office.
(b) Parties' Opportunity To Submit Argument.--The parties
to the hearing upon which the decision of the hearing officer
was made shall have a reasonable opportunity to be heard,
through written submission and, in the discretion of the
Board, through oral argument.
(c) Standard of Review.--The Board shall set aside a
decision of a hearing officer if the Board determines that
the decision was--
(1) arbitrary, capricious, an abuse of discretion, or
otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
(d) Record.--In making determinations under subsection (c),
the Board shall review the whole record, or those parts of it
cited by a party, and due account shall be taken of the rule
of prejudicial error.
(e) Decision.--The Board shall issue a written decision
setting forth the reasons for its decision. The decision may
affirm, reverse, or remand to the hearing officer for further
proceedings. A decision that does not require further
proceedings before a hearing officer shall be entered in the
records of the Office as a final decision.
SEC. 407. JUDICIAL REVIEW OF BOARD DECISIONS AND ENFORCEMENT.
(a) Jurisdiction.--
(1) Judicial review.--The United States Court of Appeals
for the Federal Circuit shall have jurisdiction over any
proceeding commenced by a petition of--
(A) a party aggrieved by a final decision of the Board
under section 406(e) in cases arising under part A of title
II,
(B) a charging individual or a respondent before the Board
who files a petition under section 210(d)(4),
(C) the General Counsel or a respondent before the Board
who files a petition under section 215(c)(5), or
(D) the General Counsel or a respondent before the Board
who files a petition under section 220(c)(3).
The court of appeals shall have exclusive jurisdiction to set
aside, suspend (in whole or in part), to determine the
validity of, or otherwise review the decision of the Board.
(2) Enforcement.--The United States Court of Appeals for
the Federal Circuit shall have jurisdiction over any petition
of the General Counsel, filed in the name of the Office and
at the direction of the Board, to enforce a final decision
under section 405(g) or 406(e) with respect to a violation of
part A, B, C, or D of title II.
(b) Procedures.--
(1) Respondents.--(A) In any proceeding commenced by a
petition filed under subsection (a)(1) (A) or (B), or filed
by a party other than the General Counsel under subsection
(a)(1) (C) or (D), the Office shall be named respondent and
any party before the Board may be named respondent by filing
a notice of election with the court within 30 days after
service of the petition.
(B) In any proceeding commenced by a petition filed by the
General Counsel under subsection (a)(1) (C) or (D), the
prevailing party in the final decision entered under section
406(e) shall be named respondent, and any other party before
the Board may be named respondent by filing a notice of
election with the court within 30 days after service of the
petition.
(C) In any proceeding commenced by a petition filed under
subsection (a)(2), the party under section 405 or 406 that
the General Counsel determines has failed to comply with a
final decision under section 405(g) or 406(e) shall be named
respondent.
(2) Intervention.--Any party that participated in the
proceedings before the Board under section 406 and that was
not made respondent under paragraph (1) may intervene as of
right.
(c) Law applicable.--Chapter 158 of title 28, United States
Code, shall apply to judicial review under paragraph (1) of
subsection (a), except that--
(1) with respect to section 2344 of title 28, United States
Code, service of a petition in any proceeding in which the
Office is a respondent shall be on the General Counsel rather
than on the Attorney General;
(2) the provisions of section 2348 of title 28, United
States Code, on the authority of the Attorney General, shall
not apply;
(3) the petition for review shall be filed not later than
90 days after the entry in the Office of a final decision
under section 406(e); and
(4) the Office shall be an ``agency'' as that term is used
in chapter 158 of title 28, United States Code.
(d) Standard of review.--To the extent necessary for
decision in a proceeding commenced under subsection (a)(1)
and when presented, the court shall decide all relevant
questions of law and interpret constitutional and statutory
provisions. The court shall set aside a final decision of the
Board if it is determined that the decision was--
(1) arbitrary, capricious, an abuse of discretion, or
otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
(e) Record.--In making determinations under subsection (d),
the court shall review the whole record, or those parts of it
cited by a party, and due account shall be taken of the rule
of prejudicial error.
SEC. 408. CIVIL ACTION.
(a) Jurisdiction.--The district courts of the United States
shall have jurisdiction over any civil action commenced under
this section by a covered employee who has completed
counseling under section 402 and mediation under section 403.
A civil action may be commenced by a covered employee only to
seek redress for a violation for which the employee has
completed counseling and mediation.
(b) Parties.--The defendant shall be the employing office
alleged to have committed the violation, or in which the
violation is alleged to have occurred.
(c) Jury Trial.--Any party may demand a jury trial where a
jury trial would be available in an action against a private
defendant under the relevant law made applicable by this Act.
In any case in which a violation of section 201 is alleged,
the court shall not inform the jury of the maximum amount of
compensatory damages available under section 201(b)(1) or
201(b)(3).
SEC. 409. JUDICIAL REVIEW OF REGULATIONS.
In any proceeding brought under section 407 or 408 in which
the application of a regulation issued under this Act is at
issue, the court may review the validity of the regulation in
accordance with the provisions of subparagraphs (A) through
(D) of section 706(2) of title 5, United States Code, except
that with respect to regulations approved by a joint
resolution under section 304(c), only the provisions of
section 706(2)(B) of title 5, United States Code, shall
apply. If the court determines that the regulation is
invalid, the court may apply, to the extent necessary and
appropriate, the most relevant substantive executive agency
regulation promulgated to implement the statutory provisions
with respect to which the invalid regulation was issued.
Except as provided in this section, the validity of
regulations issued under this Act is not subject to judicial
review.
[[Page S74]] SEC. 410. OTHER JUDICIAL REVIEW PROHIBITED.
Except as expressly authorized by sections 407, 408, and
409, the compliance or noncompliance with the provisions of
this Act and any action taken pursuant to this Act shall not
be subject to judicial review.
SEC. 411. EFFECT OF FAILURE TO ISSUE REGULATIONS.
In any proceeding under section 405, 406, 407, or 408,
except a proceeding to enforce section 220 with respect to
offices listed under section 220(d)(2), if the Board has not
issued a regulation on a matter for which this Act requires a
regulation to be issued, the hearing officer, Board, or
court, as the case may be, may apply, to the extent necessary
and appropriate, the most relevant substantive executive
agency regulation promulgated to implement the statutory
provision at issue in the proceeding.
SEC. 412. EXPEDITED REVIEW OF CERTAIN APPEALS.
(a) In General.--An appeal may be taken directly to the
Supreme Court of the United States from any interlocutory or
final judgment, decree, or order of a court upon the
constitutionality of any provision of this Act.
(b) Jurisdiction.--The Supreme Court shall, if it has not
previously ruled on the question, accept jurisdiction over
the appeal referred to in paragraph (1), advance the appeal
on the docket, and expedite the appeal to the greatest extent
possible.
SEC. 413. PRIVILEGES AND IMMUNITIES.
The authorization to bring judicial proceedings under
sections 407 and 408 shall not constitute a waiver of
sovereign immunity for any other purpose, or of the
privileges of any Senator or Member of the House of
Representatives under article I, section 6, clause 1, of the
Constitution, or a waiver of any power of either the Senate
or the House of Representatives under the Constitution,
including under article I, section 5, clause 3, or under the
rules of either House relating to records and information
within its jurisdiction.
SEC. 414. SETTLEMENT OF COMPLAINTS.
Any settlement entered into by the parties to a process
described in section 210, 215, 220, or 401 shall be in
writing and not become effective unless it is approved by the
Executive Director. Nothing in this Act shall affect the
power of the Senate and the House of Representatives,
respectively, to establish rules governing the process by
which a settlement may be entered into by such House or by
any employing office of such House.
SEC. 415. PAYMENTS.
(a) Awards and Settlements.--Except as provided in
subsection (c), only funds which are appropriated to an
account of the Office in the Treasury of the United States
for the payment of awards and settlements may be used for the
payment of awards and settlements under this Act. There are
authorized to be appropriated for such account such sums as
may be necessary to pay such awards and settlements. Funds in
the account are not available for awards and settlements
involving the General Accounting Office, the Government
Printing Office, or the Library of Congress.
(b) Compliance.--Except as provided in subsection (c),
there are authorized to be appropriated such sums as may be
necessary for administrative, personnel, and similar expenses
of employing offices which are needed to comply with this
Act.
(c) OSHA, Accommodation, and Access Requirements.--Funds to
correct violations of section 201(a)(3), 210, or 215 of this
Act may be paid only from funds appropriated to the employing
office or entity responsible for correcting such violations.
There are authorized to be appropriated such sums as may be
necessary for such funds.
SEC. 416. CONFIDENTIALITY.
(a) Counseling.--All counseling shall be strictly
confidential, except that the Office and a covered employee
may agree to notify the employing office of the allegations.
(b) Mediation.--All mediation shall be strictly
confidential.
(c) Hearings and Deliberations.--Except as provided in
subsections (d) and (e), the hearings and deliberations of
hearing officers and of the Board and of its officers and
employees on complaints, charges, proposed citations, and
other pleadings under this Act shall be confidential.
(d) Release of Records for Judicial Action.--The records of
hearing officers and the Board may be made public if required
for the purpose of judicial review under section 407.
(e) Access by Committees of Congress.--At the discretion of
the Executive Director, the Executive Director may provide to
the Committee on Standards of Official Conduct of the House
of Representatives and the Select Committee on Ethics of the
Senate access to the records of the hearings and decisions of
the hearing officers and the Board, including all written and
oral testimony in the possession of the Office. The Executive
Director shall not provide such access until the Executive
Director has consulted with the individual filing the
complaint at issue, and until a final decision has been
entered under section 405(g) or 406(e).
(f) Final Decisions.--A final decision entered under
section 405(g) or 406(e) shall be made public if it is in
favor of the complaining covered employee, or in favor of the
charging party under section 210, or if the decision reverses
a decision of a hearing officer which had been in favor of
the covered employee or charging party. The Board may make
public any other decision at its discretion.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. EXERCISE OF RULEMAKING POWERS.
The provisions of sections 102(b)(2) and 304(c) are
enacted--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such
they shall be considered as part of the rules of such House,
respectively, and such rules shall supersede other rules only
to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same
extent as in the case of any other rule of each House.
SEC. 502. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.
(a) In General.--It shall not be a violation of any
provision of section 201 to consider the--
(1) party affiliation;
(2) domicile; or
(3) political compatibility with the employing office;
of an employee referred to in subsection (b) with respect to
employment decisions.
(b) Definition.--For purposes of subsection (a), the term
``employee'' means--
(1) an employee on the staff of the leadership of the House
of Representatives or the leadership of the Senate;
(2) an employee on the staff of a committee or subcommittee
of--
(A) the House of Representatives;
(B) the Senate; or
(C) a joint committee of the Congress;
(3) an employee on the staff of a Member of the House of
Representatives or on the staff of a Senator;
(4) an officer of the House of Representatives or the
Senate or a congressional employee who is elected by the
House of Representatives or Senate or is appointed by a
Member of the House of Representatives or by a Senator (in
addition an employee described in paragraph (1), (2), or
(3)); or
(5) an applicant for a position that is to be occupied by
an individual described in any of paragraphs (1) through (4).
SEC. 503. NONDISCRIMINATION RULES OF THE HOUSE AND SENATE.
The Select Committee on Ethics of the Senate and the
Committee on Standards of Official Conduct of the House of
Representatives retain full power, in accordance with the
authority provided to them by the Senate and the House, with
respect to the discipline of Members, officers, and employees
for violating rules of the Senate and the House on
nondiscrimination in employment.
SEC. 504. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Civil Rights Remedies.--
(1) Sections 301 and 302 of the Government Employee Rights
Act of 1991 (2 U.S.C. 1201 and 1202) are amended to read as
follows:
``SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991.
``(a) Short Title.--This title may be cited as the
`Government Employee Rights Act of 1991'.
``(b) Purpose.--The purpose of this title is to provide
procedures to protect the rights of certain government
employees, with respect to their public employment, to be
free of discrimination on the basis of race, color, religion,
sex, national origin, age, or disability.
``(c) Definition.--For purposes of this title, the term
`violation' means a practice that violates section 302(a) of
this title.
``SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED.
``(a) Practices.--All personnel actions affecting the
Presidential appointees described in section 303 or the State
employees described in section 304 shall be made free from
any discrimination based on--
``(1) race, color, religion, sex, or national origin,
within the meaning of section 717 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-16);
``(2) age, within the meaning of section 15 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
``(3) disability, within the meaning of section 501 of the
Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102
through 104 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12112-14).
``(b) Remedies.--The remedies referred to in sections
303(a)(1) and 304(a)--
``(1) may include, in the case of a determination that a
violation of subsection (a)(1) or (a)(3) has occurred, such
remedies as would be appropriate if awarded under sections
706(g), 706(k), and 717(d) of the Civil Rights Act of 1964
(42 U.S.C. 2000e-5(g), 2000e-5(k), 2000e-16(d)), and such
compensatory damages as would be appropriate if awarded under
section 1977 or sections 1977A(a) and 1977A(b)(2) of the
Revised Statutes (42 U.S.C. 1981 and 1981a(a) and (b)(2));
``(2) may include, in the case of a determination that a
violation of subsection (a)(2) has occurred, such remedies as
would be appropriate if awarded under section 15(c) of the
Age Discrimination in Employment Act of 1967 (29 U.S.C.
633a(c)); and
``(3) may not include punitive damages.''.
(2) Sections 303 through 319, and sections 322, 324, and
325 of the Government Employee Rights Act of 1991 (2 U.S.C.
1203-1218, 1221, 1223, and 1224) are repealed, except as
provided in section 506 of this Act.
(3) Sections 320 and 321 of the Government Employee Rights
Act of 1991 (2 U.S.C. 1219
[[Page S75]] and 1220) are redesignated as sections 303 and
304, respectively.
(4) Sections 303 and 304 of the Government Employee Rights
Act of 1991, as so redesignated, are each amended by striking
``and 307(h) of this title''.
(5) Section 1205 of the Supplemental Appropriations Act of
1993 (2 U.S.C. 1207a) is repealed, except as provided in
section 506 of this Act.
(b) Family and Medical Leave Act of 1993.--Title V of the
Family and Medical Leave Act of 1993 (2 U.S.C. 60m et seq.)
is repealed, except as provided in section 506 of this Act.
(c) Architect of the Capitol.--
(1) Repeal.--Section 312(e) of the Architect of the Capitol
Human Resources Act (Public Law 103-283; 108 Stat. 1444) is
repealed, except as provided in section 506 of this Act.
(2) Application of general accounting office personnel act
of 1980.--The provisions of sections 751, 753, and 755 of
title 31, United States Code, amended by section 312(e) of
the Architect of the Capitol Human Resources Act, shall be
applied and administered as if such section 312(e) (and the
amendments made by such section) had not been enacted.
SEC. 505. JUDICIAL BRANCH COVERAGE STUDY.
The Judicial Conference of the United States shall prepare
a report for submission by the Chief Justice of the United
States to the Congress on the application to the judicial
branch of the Federal Government of--
(1) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.);
(2) title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.);
(3) the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.);
(4) the Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.);
(5) the Family and Medical Leave Act of 1993 (29 U.S.C.
2611 et seq.);
(6) the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.);
(7) chapter 71 (relating to Federal service labor-
management relations) of title 5, United States Code;
(8) the Employee Polygraph Protection Act of 1988 (29
U.S.C. 2001 et seq.);
(9) the Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2101 et seq.);
(10) the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.); and
(11) chapter 43 (relating to veterans' employment and
reemployment) of title 38, United States Code.
The report shall be submitted to Congress not later than
December 31, 1996, and shall include any recommendations the
Judicial Conference may have for legislation to provide to
employees of the judicial branch the rights, protections, and
procedures under the listed laws, including administrative
and judicial relief, that are comparable to those available
to employees of the legislative branch under titles I through
IV of this Act.
SEC. 506. SAVINGS PROVISIONS.
(a) Transition Provisions for Employees of the House of
Representatives and of the Senate.--
(1) Claims arising before effective date.--If, as of the
date on which section 201 takes effect, an employee of the
Senate or the House of Representatives has or could have
requested counseling under section 305 of the Government
Employees Rights Act of 1991 (2 U.S.C. 1205) or Rule LI of
the House of Representatives, including counseling for
alleged violations of family and medical leave rights under
title V of the Family and Medical Leave Act of 1993, the
employee may complete, or initiate and complete, all
procedures under the Government Employees Rights Act of 1991
and Rule LI, and the provisions of that Act and Rule shall
remain in effect with respect to, and provide the exclusive
procedures for, those claims until the completion of all such
procedures.
(2) Claims arising between effective date and opening of
office.--If a claim by an employee of the Senate or House of
Representatives arises under section 201 or 202 after the
effective date of such sections, but before the opening of
the Office for receipt of requests for counseling or
mediation under sections 402 and 403, the provisions of the
Government Employees Rights Act of 1991 (2 U.S.C. 1201 et
seq.) and Rule LI of the House of Representatives relating to
counseling and mediation shall remain in effect, and the
employee may complete under that Act or Rule the requirements
for counseling and mediation under sections 402 and 403. If,
after counseling and mediation is completed, the Office has
not yet opened for the filing of a timely complaint under
section 405, the employee may elect--
(A) to file a complaint under section 307 of the Government
Employees Rights Act of 1991 (2 U.S.C. 1207) or Rule LI of
the House of Representatives, and thereafter proceed
exclusively under that Act or Rule, the provisions of which
shall remain in effect until the completion of all
proceedings in relation to the complaint, or
(B) to commence a civil action under section 408.
(3) Section 1205 of the supplemental appropriations act of
1993.--With respect to payments of awards and settlements
relating to Senate employees under paragraph (1) of this
subsection, section 1205 of the Supplemental Appropriations
Act of 1993 (2 U.S.C. 1207a) remains in effect.
(b) Transition Provisions for Employees of the Architect of
the Capitol.---
(1) Claims arising before effective date.--If, as of the
date on which section 201 takes effect, an employee of the
Architect of the Capitol has or could have filed a charge or
complaint regarding an alleged violation of section 312(e)(2)
of the Architect of the Capitol Human Resources Act (Public
Law 103-283), the employee may complete, or initiate and
complete, all procedures under section 312(e) of that Act,
the provisions of which shall remain in effect with respect
to, and provide the exclusive procedures for, that claim
until the completion of all such procedures.
(2) Claims arising between effective date and opening of
office.--If a claim by an employee of the Architect of the
Capitol arises under section 201 or 202 after the effective
date of those provisions, but before the opening of the
Office for receipt of requests for counseling or mediation
under sections 402 and 403, the employee may satisfy the
requirements for counseling and mediation by exhausting the
requirements prescribed by the Architect of the Capitol in
accordance with section 312(e)(3) of the Architect of the
Capitol Human Resources Act (Public Law 103-283). If, after
exhaustion of those requirements the Office has not yet
opened for the filing of a timely complaint under section
405, the employee may elect--
(A) to file a charge with the General Accounting Office
Personnel Appeals Board pursuant to section 312(e)(3) of the
Architect of the Capitol Human Resources Act (Public Law 103-
283), and thereafter proceed exclusively under section 312(e)
of that Act, the provisions of which shall remain in effect
until the completion of all proceedings in relation to the
charge, or
(B) to commence a civil action under section 408.
(c) Transition Provision Relating To Matters Other Than
Employment Under Section 509 of the Americans with
Disabilities Act.--With respect to matters other than
employment under section 509 of the Americans with
Disabilities Act (42 U.S.C. 12209), the rights, protections,
remedies, and procedures of section 509 of such Act shall
remain in effect until section 210 of this Act takes effect
with respect to each of the entities covered by section 509
of such Act.
SEC. 507. SEVERABILITY.
If any provision of this Act or the application of such
provision to any person or circumstance is held to be
invalid, the remainder of this Act and the application of the
provisions of the remainder to any person or circumstance
shall not be affected thereby.
______
By Mr. DOLE (for himself, Mr. Hatch, Mr. Thurmond, Mr. Simpson,
Mr. Gramm, Mr. Santorum, Mr. Abraham, Mr. DeWine, and Mr. Kyl):
S. 3. A bill to control crime, and for other purposes; to the
Committee on the Judiciary.
the violent crime control and law enforcement improvement act of 1995
Mr. DOLE. Mr. President, one of the most heated debates last Congress
centered around the so-called crime bill. While our colleagues on the
other side of the aisle ultimately succeeded in passing the bill,
Republicans argued then--and continue to maintain--that the bill spent
far too much on social programs of unproven worth, while failing to
adopt some of the tough measures proposed to combat violent crime.
To a large degree, S. 3 attempts to correct some of the obvious flaws
and excesses of last year's crime bill. It also stakes out some
critical new ground, particularly in the area of criminal procedure.
More importantly, S. 3 is premised on the principle that criminals are
not the victims of society, as some may claim, but rather that society
itself is the victim of criminals and the violence they perpetuate. In
addition, S. 3 recognizes that the States and localities, not the
Federal Government, are on the front lines in the war against crime and
are best equipped to devise effective anticrime strategies. When it
comes to fighting crime, the role of the Federal Government should be
to assist the States and localities in their own crime-fighting
efforts, rather than impose unnecessary regulations and ``one-size-
fits-all'' requirements that often do more harm than good.
revisiting last year's crime bill
For starters, S. 3 incorporates the 10 amendments that Senate
Republicans unsuccessfully sought to offer during last year's crime-
bill debate. These amendments include: (1) Mandatory minimum penalties
for those who use a gun in the commission of a crime, sell illegal
drugs to minors, or employ minors to sell drugs; (2) repeal of more
than $5 billion in wasteful social spending that was included in last
year's crime bill, including spending on the Local Partnership Act, the
model cities intensive grants, and the so-called drug courts; and (3) a
provision requiring restitution for the victims of Federal crimes. S. 3
also increases funding for
[[Page S76]] new prison construction and operation by nearly $1
billion over the funding levels contained in last year's crime bill.
more police and more flexibility
One of the most over-hyped proposals in the crime bill was the $8.8
billion community-policing program. Although the Clinton administration
claimed that the proposal would result in 100,000 new police hires over
the next 6 years, most criminal-justice experts predict that the
proposal will fully fund only a portion of that figure, perhaps as few
as 20,000 new cops.
Recognizing that the Federal Government does not have all the
crime-fighting answers, S. 3 repackages the community-policing
proposal into a single block grant program. Under the block grant
program, States and localities will have the option of using the funds
for a variety of purposes, including the hiring of new police officers,
training existing officers, paying overtime, upgrading equipment, or
investing in new crime-fighting technologies. Unlike the community-
policing program in last year's crime bill, S. 3 imposes no matching
requirement or per-officer spending cap. This should give States and
localities some much-needed flexibility in determining how best to
utilize these important crime-fighting resources.
At the same time, S. 3 beefs up funding for some of our Federal law
enforcement agencies, including the FBI and the Drug Enforcement
Administration. This will help ensure that these agencies will be able
to carry out their important missions.
procedural reforms
S. 3 also enacts some long overdue reforms to the criminal justice
system. First, it reforms habeas corpus procedures in a way that
safeguards the legitimate rights of the accused while ensuring that
lawfully-imposed capital sentences are not endlessly delayed by
frivolous appeals. Most importantly, S. 3 requires Federal courts to
give deference to State court decisions on Federal constitutional
claims, so long as the claims were ``fully and fairly'' litigated at
the State level. Application of this principle will go a long way
towards streamlining the criminal appeals process, thereby making
punishment swifter and more certain and enhancing the confidence of the
American people in our system of criminal justice.
California Attorney General Dan Lungren, as well as the National
Association of State Attorneys General, played a prominent role in the
drafting of the habeas corpus reform provisions of S. 3. Their input
was invaluable.
Second, S. 3 abolishes the exclusionary rule as it pertains to the
fourth amendment and establishes a tort remedy for those whose fourth
amendment rights have been violated by an unreasonable search and
seizure. Under the tort remedy, the United States will be liable for
damages resulting from an unlawful search and seizure conducted by a
law enforcement officer who was acting within the scope of his
employment.
The bottom line is that probative evidence, particularly in a
criminal trial, should not be excluded because a police officer made a
mistake. We should discipline the police officer and his supervising
authority, not punish the crime victim by excluding probative evidence.
And finally, S. 3 creates an obstruction of justice offense for
attorneys who knowingly file false statements in criminal proceedings.
Conclusion
Mr. President, when it comes to solving the crime epidemic in this
country, Republicans don't have all the answers--not by a long shot.
But, in our view, S. 3 provides the framework for the type of tough
anticrime legislation the American people deserve.
Finally, I want to thank my distinguished colleague from Utah,
Senator Hatch, for his leadership in crafting this important
legislation. During his tenure in the Senate, Senator Hatch has always
been a relentless advocate for a no-nonsense approach to solving the
violent crime problem. I look forward to his service as chairman of the
Senate Judiciary Committee.
Mr. President, I ask unanimous consent that the text of the bill and
additional materials be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 3
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Violent
Crime Control and Law Enforcement Improvement Act of 1995''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--INCARCERATION OF VIOLENT CRIMINALS
Sec. 101. Prison grants.
Sec. 102. Repeal.
Sec. 103. Civil rights of institutionalized persons.
Sec. 104. Report on prison work progress.
Sec. 105. Drug treatment for prisoners.
TITLE II--STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
Sec. 201. Block grant program.
TITLE III--FEDERAL EMERGENCY LAW ENFORCEMENT ASSISTANCE ACT
Sec. 301. Federal judiciary and Federal law enforcement.
Sec. 302. Drug Enforcement Administration.
TITLE IV--CRIMINAL PENALTIES
Sec. 401. Serious juvenile drug offenses as armed career criminal act
predicates.
Sec. 402. Prosecution of juveniles as adults.
Sec. 403. Availability of fines and supervised release for juvenile
offenders.
Sec. 404. Amendments concerning juvenile records.
Sec. 405. Mandatory minimum prison sentences for persons who use minors
in drug trafficking activities or sell drugs to minors.
Sec. 406. Mandatory minimum sentencing reform.
Sec. 407. Increased mandatory minimum sentences for criminals using
firearms.
Sec. 408. Penalties for arson.
Sec. 409. Interstate travel or use of mails or a facility in interstate
commerce to further kidnapping.
TITLE V--FEDERAL CRIMINAL PROCEDURE REFORM
Sec. 501. Obstruction of justice.
Sec. 502. Conduct of Federal prosecutors.
Sec. 503. Fairness in jury selection.
Sec. 504. Balance in the composition of rules committees.
Sec. 505. Reimbursement of reasonable attorneys' fees.
Sec. 506. Mandatory restitution to victims of violent crimes.
Sec. 507. Admissibility of certain evidence.
Sec. 508. General habeas corpus reform.
Sec. 509. Technical amendment.
Sec. 510. Death penalty litigation procedures.
TITLE VI--PREVENTION OF TERRORISM
Sec. 601. Willful violation of Federal Aviation Administration
regulations.
Sec. 602. Assaults, murders, and threats against former Federal
officials in performance of official duties.
Sec. 603. Wiretap authority for alien smuggling and related offenses
and inclusion of alien smuggling as a RICO predicate.
Sec. 604. Authorization for interceptions of communications in certain
terrorism-related offenses.
Sec. 605. Participation of foreign and State government personnel in
interceptions of communications.
Sec. 606. Disclosure of intercepted communications to foreign law
enforcement agencies.
Sec. 607. Alien terrorist removal.
Sec. 608. Territorial sea.
Sec. 609. Clarification and extension of criminal jurisdiction over
certain terrorism offenses overseas.
Sec. 610. Federal Aviation Administration reporting responsibility.
Sec. 611. Information transfer.
Sec. 612. Extradition.
Sec. 613. Federal Bureau of Investigation report.
Sec. 614. Increased penalties for terrorism crimes.
Sec. 615. Criminal offenses committed outside the United States by
persons accompanying the armed forces.
TITLE VII--MISCELLANEOUS AND TECHNICAL PROVISIONS
Subtitle A--Elimination of Certain Programs
Sec. 701. Elimination of certain programs.
Subtitle B--Amendments Relating to Violent Crime Control
Sec. 711. Violent crime and drug emergency areas repeal.
Sec. 712. Expansion of 18 U.S.C. 1959 to cover commission of all
violent crimes in aid of racketeering activity and
increased penalties.
Sec. 713. Authority to investigate serial killings.
Sec. 714. Firearms and explosives conspiracy.acquire arms.
Sec. 715. Increased penalties for violence in the course of riot
offenses.
Sec. 716. Pretrial detention for possession of firearms or explosives
by convicted felons.
[[Page S77]] Sec. 717. Elimination of unjustified scienter element for
carjacking.
Sec. 718. Theft of vessels.
Sec. 719. Clarification of agreement requirement for RICO conspiracy.
Sec. 720. Addition of attempt coverage for interstate domestic violence
offense.
Sec. 721. Addition of foreign murder as a money laundering predicate.
Sec. 722. Assaults or other crimes of violence for hire.
Sec. 723. Threatening to use a weapon of mass destruction.
Sec. 724. Technical amendments.
Subtitle C--Amendments Relating to Courts and Sentencing
Sec. 731. Allowing a reduction of sentence for providing useful
investigative information although not regarding a
particular individual.
Sec. 732. Appeals from certain dismissals.
Sec. 733. Elimination of outmoded certification requirement from the
government appeal statute.
Sec. 734. Clarification of meaning of official detention for purposes
of credit for prior custody.
Sec. 735. Limitation on reduction of sentence for substantial
assistance of defendant.
Sec. 736. Improvement of hate crimes sentencing procedure.
Sec. 737. Clarification of length of supervised release terms in
controlled substance cases.
Sec. 738. Authority of court to impose a sentence of probation or
supervised release when reducing a sentence of
imprisonment in certain cases.
Sec. 739. Extension of parole commission to deal with ``old law''
prisoners.
Sec. 740. Conforming amendments relating to supervised release.
Sec. 741. Repeal of outmoded provisions barring Federal prosecution of
certain offenses.
Subtitle D--Miscellaneous Amendments
Sec. 751. Conforming addition to obstruction of civil investigative
demand statute.
Sec. 752. Addition of attempted theft and counterfeiting offenses to
eliminate gaps and inconsistencies in coverage.
Sec. 753. Clarification of scienter requirement for receiving property
stolen from an Indian tribal organization.
Sec. 754. Larceny involving post office boxes and postal stamp vending
machines.
Sec. 755. Conforming amendment to law punishing obstruction of justice
by notification of existence of a subpoena for records in
certain types of investigations.
Sec. 756. Closing loophole in offense of altering or removing motor
vehicle identification numbers.
Sec. 757. Application of various offenses to possessions and
territories.
Sec. 758. Adjusting and making uniform the dollar amounts used in title
18 to distinguish between grades of offenses.
Sec. 759. Conforming amendment concerning marijuana plants.
Sec. 760. Access to certain records.
Sec. 761. Clarification of inapplicability of 18 U.S.C. 2515 to certain
disclosures.
Sec. 762. Clarifying or conforming amendments arising from the
enactment of Public Law 103-322.
Sec. 763. Technical amendments
Sec. 764. Severability.
TITLE I--INCARCERATION OF VIOLENT CRIMINALS
SEC. 101. PRISON GRANTS.
Subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 and the amendments made thereby are
amended to read as follows:
``Subtitle A--Violent Offender Incarceration and Truth in Sentencing
Incentive Grants
``SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.
``(a) Grant Authorization.--The Attorney General may make
grants to individual States and to States organized as multi-
State compacts to construct, develop, expand, modify,
operate, or improve conventional correctional facilities,
including prisons and jails, for the confinement of violent
offenders, to ensure that prison cell space is available for
the confinement of violent offenders and to implement truth
in sentencing laws for sentencing violent offenders.
``(b) Eligibility.--To be eligible to receive a grant under
this subtitle, a State or States organized as multi-State
compacts shall submit an application to the Attorney General
that includes--
``(1)(A) except as provided in subparagraph (B), assurances
that the State or States, have implemented, or will
implement, correctional policies and programs, including
truth in sentencing laws that ensure that violent offenders
serve a substantial portion of the sentences imposed, that
are designed to provide sufficiently severe punishment for
violent offenders, including violent juvenile offenders, and
that the prison time served is appropriately related to the
determination that the inmate is a violent offender and for a
period of time deemed necessary to protect the public;
``(B) in the case of a State that on the date of enactment
of the Violent Crime Control and Law Enforcement Improvement
Act of 1995 practices indeterminant sentencing, a
demonstration that average times served for the offenses of
murder, rape, robbery, and assault in the State exceed by at
least 10 percent the national average of time served for such
offenses in all of the States;
``(2) assurances that the State or States have implemented
policies that provide for the recognition of the rights and
needs of crime victims;
``(3) assurances that funds received under this section
will be used to construct, develop, expand, modify, operate,
or improve conventional correctional facilities;
``(4) assurances that the State or States have involved
counties and other units of local government, when
appropriate, in the construction, development, expansion,
modification, operation, or improvement of correctional
facilities designed to ensure the incarceration of violent
offenders, and that the State or States will share funds
received under this section with counties and other units of
local government, taking into account the burden placed on
the units of local government when they are required to
confine sentenced prisoners because of overcrowding in State
prison facilities;
``(5) assurances that funds received under this section
will be used to supplement, not supplant, other Federal,
State, and local funds;
``(6) assurances that the State or States have implemented,
or will implement not later than 18 months after the date of
enactment of the Violent Crime Control and Law Enforcement
Improvement Act of 1995, policies to determine the veteran
status of inmates and to ensure that incarcerated veterans
receive the veterans benefits to which they are entitled; and
``(7) if applicable, documentation of the multi-State
compact agreement that specifies the construction,
development, expansion, modification, operation, or
improvement of correctional facilities.
``SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.
``(a) Truth in Sentencing Grant Program.--Fifty percent of
the total amount of funds appropriated to carry out this
subtitle for each of fiscal years 1996, 1997, 1998, 1999, and
2000 shall be made available for truth in sentencing
incentive grants. To be eligible to receive such a grant, a
State must meet the requirements of section 20101(b) and
shall demonstrate that the State--
``(1) has in effect laws that require that persons
convicted of violent crimes serve not less than 85 percent of
the sentence imposed;
``(2) since 1993--
``(A) has increased the percentage of convicted violent
offenders sentenced to prison;
``(B) has increased the average prison time that will be
served in prison by convicted violent offenders sentenced to
prison; and
``(C) has in effect at the time of application laws
requiring that a person who is convicted of a violent crime
shall serve not less than 85 percent of the sentence imposed
if--
``(i) the person has been convicted on 1 or more prior
occasions in a court of the United States or of a State of a
violent crime or a serious drug offense; and
``(ii) each violent crime or serious drug offense was
committed after the defendant's conviction of the preceding
violent crime or serious drug offense; or
``(3) in the case of a State that on the date of enactment
of the Violent Crime Control and Law Enforcement Improvement
Act of 1995 practices indeterminant sentencing, a
demonstration that average times served for the offenses of
murder, rape, robbery, and assault in the State exceed by at
least 10 percent the national average of time served for such
offenses in all of the States.
``(b) Allocation of Truth in Sentencing Incentive Funds.--
The amount available to carry out this section for any fiscal
year shall be allocated to each eligible State in the ratio
that the number of part 1 violent crimes reported by such
State to the Federal Bureau of Investigation for the previous
year bears to the number of part 1 violent crimes reported by
all States to the Federal Bureau of Investigation for the
previous year.
``SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.
``(a) Violent Offender Incarceration Grant Program.--Fifty
percent of the total amount of funds appropriated to carry
out this subtitle for each of fiscal years 1996, 1997, 1998,
1999, and 2000 shall be made available for violent offender
incarceration grants. To be eligible to receive such a grant,
a State or States must meet the requirements of section
20101(b).
``(b) Allocation of Violent Offender Incarceration Funds.--
Funds made available to carry out this section shall be
allocated as follows:
``(1) 0.6 percent shall be allocated to each eligible
State, except that the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands each shall be
allocated 0.05 percent.
``(2) The amount remaining after application of paragraph
(1) shall be allocated to each eligible State in the ratio
that the number of part 1 violent crimes reported by such
State to the Federal Bureau of Investigation for the previous
year bears to the number of part 1 violent crimes reported by
all States to the Federal Bureau of Investigation for the
previous year.
``SEC. 20104. RULES AND REGULATIONS.
``(a) In General.--Not later than 90 days after the date of
enactment of the Violent
[[Page S78]] Crime Control and Law Enforcement Improvement
Act of 1995, the Attorney General shall issue rules and
regulations regarding the uses of grant funds received under
this subtitle.
``(b) Best Available Data.--If data regarding part 1
violent crimes in any State for the previous year is
unavailable or substantially inaccurate, the Attorney General
shall utilize the best available comparable data regarding
the number of violent crimes for the previous year for the
State for the purposes of allocation of funds under this
subtitle.
``SEC. 20105. DEFINITIONS.
``In this subtitle--
``(1) the term `part 1 violent crimes' means murder and
non-negligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports;
``(2) the term `State' or `States' means a State, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands; and
``(3) the term `indeterminate sentencing' means a system by
which the court has discretion in imposing the actual length
of the sentence, up to the statutory maximum, and an
administrative agency, or the court, controls release between
court-ordered minimum and maximum sentence.
``SEC. 20106. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subtitle--
``(1) $1,000,000,000 for fiscal year 1996;
``(2) $1,150,000,000 for fiscal year 1997;
``(3) $2,100,000,000 for fiscal year 1998;
``(4) $2,200,000,000 for fiscal year 1999; and
``(5) $2,270,000,000 for fiscal year 2000.''.
SEC. 102. REPEAL.
Subtitle B of title II of the Violent Crime and Law
Enforcement Act of 1994 is repealed.
SEC. 103. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.
(a) Repeal.--Section 20416 of the Violent Crime Control and
Law Enforcement Act of 1994, and the amendments made by that
section, are repealed.
(b) Exhaustion Requirement.--Section 7(a) of the Civil
Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is
amended--
(1) in paragraph (1)--
(A) by striking ``in any action brought'' and inserting
``no action shall be brought'';
(B) by striking ``the court shall'' and all that follows
through ``require exhaustion of'' and insert ``until''; and
(C) by inserting ``and exhausted'' after ``available''; and
(2) in paragraph (2) by inserting ``or are otherwise fair
and effective'' before the period at the end.
(c) Frivolous Actions.--Section 7(a) of the Civil Rights of
Institutionalized Persons Act (42 U.S.C. 1997e(a)) is amended
by adding at the end the following:
``(3) The court shall on its own motion or on motion of a
party dismiss any action brought pursuant to section 1979 of
the Revised Statutes of the United States by an adult
convicted of a crime and confined in any jail, prison, or
other correctional facility if the court is satisfied that
the action fails to state a claim upon which relief can be
granted or is frivolous or malicious.''.
(d) Modification of Required Minimum Standards.--Section
7(b)(2) of the Civil Rights of Institutionalized Persons Act
(42 U.S.C. 1997e(b)(2)) is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively.
(e) Review and Certification Procedure Changes.--Section
7(c) of the Civil Rights of Institutionalized Persons Act (42
U.S.C. 1997e(c)) is amended--
(1) in paragraph (1), by inserting ``or are otherwise fair
and effective'' before the period at the end; and
(2) in paragraph (2), by inserting ``or is no longer fair
and effective'' before the period at the end.
(f) Proceedings In Forma Pauperis.--
(1) Dismissal.--Section 1915(d) of title 28, United States
Code, is amended--
(A) by inserting ``at any time'' after ``counsel and may'';
(B) by striking ``and may'' and inserting ``and shall'';
(C) by inserting ``fails to state a claim upon which relief
may be granted or'' after ``that the action''; and
(D) by inserting ``, even if partial filing fees have been
imposed by the court'' before the period.
(2) Prisoner's statement of assets.--Section 1915 of title
28, United States Code, is amended by adding at the end the
following:
``(f) If a prisoner in a correctional institution files an
affidavit in accordance with subsection (a), such prisoner
shall include in the affidavit a statement of all assets the
prisoner possesses. The court shall make inquiry of the
correctional institution in which the prisoner is
incarcerated for information available to such institution
relating to the extent of the prisoner's assets. The court
shall require full or partial payment of filing fees
according to the prisoner's ability to pay.''.
SEC. 104. REPORT ON PRISON WORK PROGRESS.
(a) Findings.--The Senate finds that--
(1) Federal Prison Industries was created by Congress in
1934 as a wholly owned, nonprofit government corporation
directed to train and employ Federal prisoners;
(2) traditionally, one-half of the Federal prison inmates
had meaningful prison jobs; now, with the increasing prison
population, less than one-quarter are employed in prison
industry positions;
(3) expansion of the product lines and services of Federal
Prison Industries beyond its traditional lines of business
will enable more Federal prison inmates to work, and such
expansion must occur so as to minimize any adverse impact on
the private sector and labor; and
(4) all able-bodied Federal prison inmates should work.
(b) Report.--
(1) In general.--In an effort to achieve the goal of full
Federal prison inmate employment, the Attorney General, in
consultation with the Director of the Bureau of Prisons, the
Secretary of Labor, the Secretary of Defense, the
Administrator of the General Services Administration, and the
private sector and labor, shall submit a report to Congress
not later than September 1, 1996, that describes a strategy
for employing more Federal prison inmates;
(2) Contents.--The report shall--
(A) contain a review of existing lines of business of
Federal Prison Industries;
(B) consider the findings and recommendations of the final
report of the Summit on Federal Prison Industries (June 1992-
July 1993);
(C) make recommendations for legislation and changes in
existing law that may be necessary for the Federal Prison
Industries to employ more Federal prison inmates; and
(D) focus on--
(i) the creation of new job opportunities for Federal
prison inmates;
(ii) the degree to which any expansion of lines of business
of Federal Prison Industries may adversely affect the private
sector or displace domestic labor; and
(iii) the degree to which opportunities for partnership
between Federal Prison Industries and small business can be
fostered.
SEC. 105. DRUG TREATMENT FOR PRISONERS.
Section 3621(e) of title 18, United States Code (as added
by section 32001 of the Violent Crime Control and Law
Enforcement Act of 1994) is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (2), (3), (4), and (5), respectively; and
(3) in paragraph (2), as redesignated by paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(D) a full examination and evaluation of the
effectiveness of the treatment in reducing drug use among
prisoners.''.
TITLE II--STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
SEC. 201. BLOCK GRANT PROGRAM.
Title I of the Violent Crime Control and Law Enforcement
Act of 1994 is amended to read as follows:
``TITLE I--STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
``SEC. 10001. BLOCK GRANTS TO STATES.
``(a) In General.--The Attorney General shall make grants
under this title to States for use by State and local
governments to--
``(1) hire, train, and employ on a continuing basis, new
law enforcement officers and necessary support personnel;
``(2) pay overtime to currently employed law enforcement
officers and necessary support personnel;
``(3) procure equipment, technology, and other material
that is directly related to basic law enforcement functions,
such as the detection or investigation of crime, or the
prosecution of criminals; and
``(4) establish and operate cooperative programs between
community residents and law enforcement agencies for the
control, detection, or investigation of crime, or the
prosecution of criminals.
``(b) Law Enforcement Trust Funds.--Funds received by a
State or unit of local government under this title may be
reserved in a trust fund established by the State or unit of
local government to fund the future needs of programs
authorized under subsection (a).
``(c) Allocation and Distribution of Funds.--
``(1) Allocation.--The amount made available pursuant to
section 10003 shall be allocated as follows:
``(A) 0.6 percent shall be allocated to each of the
participating States.
``(B) After the allocation under subparagraph (A), the
remainder shall be allocated on the basis of the population
of each State as determined by the 1990 decennial census as
adjusted annually, by allocating to each State an amount
bearing the same ratio to the total amount to be allocated
under this subparagraph as the population of the State bears
to the population of all States.
``(2) Distribution to local governments.--
``(A) In general.--A State receiving a grant under this
title shall ensure that not less than 85 percent of the funds
received are distributed to units of local government.
``(B) Limitation.--Not more than 2.5 percent of funds
received by a State in any grant year shall be used for costs
associated with the administration and distribution of grant
money.
``(d) Disbursement.--
[[Page S79]] ``(1) In general.--The Attorney General shall
issue regulations establishing procedures under which a State
may receive assistance under this title.
``(2) General requirements for qualification.--A State
qualifies for a payment under this title for a payment period
only if the State establishes that--
``(A) the State will establish a segregated account in
which the government will deposit all payments received under
this title;
``(B) the State will expend the payments in accordance with
the laws and procedures that are applicable to the
expenditure of revenues of the State;
``(C) the State will use accounting, audit, and fiscal
procedures that conform to guidelines that shall be
prescribed by the Attorney General after consultation with
the Comptroller General of the United States and, as
applicable, amounts received under this title shall be
audited in compliance with the Single Audit Act of 1984;
``(D) after reasonable notice to a State, the State will
make available to the Attorney General and the Comptroller
General of the United States, with the right to inspect,
records that the Attorney General or Comptroller General of
the United States reasonably requires to review compliance
with this title;
``(E) the State will make such reports as the Attorney
General reasonably requires, in addition to the annual
reports required under this title; and
``(F) the State will expend the funds only for the purposes
set forth in subsection (a).
``(3) Sanctions for noncompliance.--
``(A) In general.--If the Attorney General finds that a
State has not complied substantially with paragraph (2) or
regulations prescribed under such paragraph, the Attorney
General shall notify the State. The notice shall provide that
if the State does not initiate corrective action within 30
days after the date on which the State receives the notice,
the Attorney General will withhold additional payments to the
State for the current payment period and later payment
periods. Payments shall be withheld until such time as the
Attorney General determines that the State--
``(i) has taken the appropriate corrective action; and
``(ii) will comply with paragraph (2) and the regulations
prescribed under such paragraph.
``(B) Notice.--Before giving notice under subparagraph (A),
the Attorney General shall give the chief executive officer
of the State reasonable notice and an opportunity for
comment.
``(C) Payment conditions.--The Attorney General shall make
a payment to a State under subparagraph (A) only if the
Attorney General determines that the State--
``(i) has taken the appropriate corrective action; and
``(ii) will comply with paragraph (2) and regulations
prescribed under such paragraph.
``SEC. 10002. APPLICATIONS.
``(a) The Attorney General shall make grants under this
title only if a State has submitted an application to the
Attorney General in such form, and containing such
information, as is the Attorney General may reasonably
require.
``SEC. 10003. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title--
``(1) $2,050,000,000 for fiscal year 1996;
``(2) $2,150,000,000 for fiscal year 1997;
``(3) $1,900,000,000 for fiscal year 1998;
``(4) $1,900,000,000 for fiscal year 1999; and
``(5) $468,000,000 for fiscal year 2000.
``SEC. 10004. LIMITATION ON USE OF FUNDS.
``Funds made available to States under this title shall not
be used to supplant State or local funds, but shall be used
to increase the amount of funds that would, in the absence of
Federal funds received under this title, be made available
from State or local sources.''.
TITLE III--FEDERAL EMERGENCY LAW ENFORCEMENT ASSISTANCE ACT
SEC. 301. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.
Title XIX of the Violent Crime Control and Law Enforcement
Act of 1994 is amended to read as follows:
``SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.
``(a) Authorization of Additional Appropriations for the
Federal Judiciary.--There are authorized to be appropriated
for the activities of the Federal Judiciary to help meet the
increased demands for judicial activities, including
supervised release, and pretrial and probation services, that
will result from this Act--
``(1) $30,000,000 for fiscal year 1996;
``(2) $35,000,000 for fiscal year 1997;
``(3) $40,000,000 for fiscal year 1998;
``(4) $40,000,000 for fiscal year 1999; and
``(5) $55,000,000 for fiscal year 2000.
``(b) Authorization of Additional Appropriations for the
Department of Justice.--There are authorized to be
appropriated for the activities and agencies of the
Department of Justice, in addition to sums authorized
elsewhere in this section, to help meet the increased demands
for Department of Justice activities that will result from
this Act--
``(1) $40,000,000 for fiscal year 1996;
``(2) $40,000,000 for fiscal year 1997;
``(3) $40,000,000 for fiscal year 1998;
``(4) $40,000,000 for fiscal year 1999; and
``(5) $39,000,000 for fiscal year 2000.
``(c) Authorization of Additional Appropriations for the
Federal Bureau of Investigation.--There are authorized to be
appropriated for the activities of the Federal Bureau of
Investigation, to help meet the increased demands for Federal
Bureau of Investigation activities that will result from this
Act--
``(1) $203,150,000 for fiscal year 1996;
``(2) $184,500,000 for fiscal year 1997;
``(3) $284,000,000 for fiscal year 1998;
``(4) $147,500,000 for fiscal year 1999; and
``(5) $125,850,000 for fiscal year 2000.
``(d) Authorization of Additional Appropriations for United
States Attorneys.--There are authorized to be appropriated
for the account Department of Justice, Legal Activities,
Salaries and Expenses, United States Attorneys, to help meet
the increased demands for litigation and related activities
that will result from this Act--
``(1) $15,000,000 for fiscal year 1996;
``(2) $23,000,000 for fiscal year 1997;
``(3) $30,000,000 for fiscal year 1998;
``(4) $37,000,000 for fiscal year 1999; and
``(5) $45,000,000 for fiscal year 2000.
``(e) Authorization of Additional Appropriations for the
Department of the Treasury.--There are authorized to be
appropriated for the activities of the Bureau of Alcohol,
Tobacco, and Firearms, the United States Custom Service, the
Financial Crimes Enforcement Network, the Federal Law
Enforcement Training Center, the Criminal Investigation
Division of the Internal Revenue Service, and the United
States Secret Service to help meet the increased demands for
Department of the Treasury activities that will result from
this Act--
``(1) $30,000,000 for fiscal year 1995;
``(2) $70,000,000 for fiscal year 1996;
``(3) $90,000,000 for fiscal year 1997;
``(4) $110,000,000 for fiscal year 1998;
``(5) $125,000,000 for fiscal year 1999; and
``(6) $125,000,000 for fiscal year 2000.''.
SEC. 302. DRUG ENFORCEMENT ADMINISTRATION.
Section 180104 of the Violent Crime Control and Law
Enforcement Act of 1994 is amended to read as follows:
``SEC. 180104. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
THE DRUG ENFORCEMENT ADMINISTRATION.
``There are authorized to be appropriated for the
activities of the Drug Enforcement Administration, to help
meet the increased demands for Drug Enforcement
Administration activities that will result from this Act--
``(1) $42,000,000 for fiscal year 1996;
``(2) $55,000,000 for fiscal year 1997;
``(3) $70,000,000 for fiscal year 1998;
``(4) $85,000,000 for fiscal year 1999; and
``(5) $98,000,000 for fiscal year 2000.''.
TITLE IV--CRIMINAL PENALTIES.
SEC. 401. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER
CRIMINAL ACT PREDICATES.
Section 924(e)(2)(A) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of clause (i);
(2) in clause (ii), by striking the semicolon and inserting
``or which, if it had been prosecuted as a violation of the
Controlled Substances Act (21 U.S.C. 801 et seq.) at the time
of the offense, and because of the type and quantity of the
controlled substance involved, would have been punishable by
a maximum term of imprisonment of ten years or more; or'';
and
(3) by adding at the end the following new clause:
``(iii) any act of juvenile delinquency that if committed
by an adult would be a serious drug offense described in this
paragraph;''.
SEC. 402. PROSECUTION OF JUVENILES AS ADULTS.
(a) Serious Juvenile Offenders.--
(1) Repeal.--Section 150002 of the Violent Crime Control
and Law Enforcement Act of 1994, and the amendments made by
that section, are repealed.
(2) Adult prosecution of serious juvenile offenders.--
Section 5032 of title 18, United States Code, is amended--
(A) in the first undesignated paragraph--
(i) by striking ``an offense described in section 401 of
the Controlled Substances Act (21 U.S.C. 841), or section
1002(a), 1003, 1005, 1009, or 1010(b) (1), (2), or (3) of the
Controlled Substances Import and Export Act (21 U.S.C.
952(a), 953, 955, 959, 960(b) (1), (2), (3)),'' and inserting
``an offense (or a conspiracy or attempt to commit an
offense) described in section 401, or 404 (insofar as the
violation involves more than 5 grams of a mixture or
substance which contains cocaine base), of the Controlled
Substances Act (21 U.S.C. 841, 844, or 846), section 1002(a),
1003, 1005, 1009, 1010(b) (1), (2), or (3), of the Controlled
Substances Import and Export Act (21 U.S.C. 952(a), 953, 955,
959, 960(b) (1), (2), or (3), or 963),''; and
(ii) by striking ``922(p)'' and inserting ``924(b), (g), or
(h)'';
(B) in the fourth undesignated paragraph--
(i) by striking ``an offense described in section 401 of
the Controlled Substances Act (21 U.S.C. 841), or section
1002(a), 1005, or 1009 of the Controlled Substances Import
and Export Act (21 U.S.C. 952(a), 955, 959)'' and inserting
``an offense (or a conspiracy or attempt to commit an
offense) described in section 401, or 404 (insofar as the
violation involves more than 5 grams of a mixture or
substance which contains cocaine base), of the Controlled
Substances Act (21 U.S.C. 841, 844, or 846), section 1002(a),
1005, 1009, 1010(b) (1), (2), or (3), of the Controlled
Substances Import and Export Act (21 U.S.C. 952(a), 955,
[[Page S80]] 959, 960(b) (1), (2), or (3), or 963), or
section 924 (b), (g), or (h) of this title,''; and
(ii) by striking ``subsection (b)(1) (A), (B), or (C), (d),
or (e) of section 401 of the Controlled Substances Act, or
section 1002(a), 1003, 1009, or 1010(b) (1), (2), or (3) of
the Controlled Substances Import and Export Act (21 U.S.C.
952(a), 953, 959, 960(b) (1), (2), (3))'' and inserting ``or
an offense (or conspiracy or attempt to commit an offense)
described in section 401(b)(1) (A), (B), or (C), (d), or (e),
or 404 (insofar as the violation involves more than 5 grams
of a mixture or substance which contains cocaine base), of
the Controlled Substances Act (21 U.S.C. 841(b)(1) (A), (B),
or (C), (d), or (e), 844, or 846) or section 1002(a), 1003,
1009, 1010(b) (1), (2), or (3) of the Controlled Substances
Import and Export Act (21 U.S.C. 952(a), 953, 959, 960(b)
(1), (2), or (3), or 963)''; and
(C) in the fifth undesignated paragraph by adding at the
end the following: ``In considering the nature of the
offense, as required by this paragraph, the court shall
consider the extent to which the juvenile played a leadership
role in an organization, or otherwise influenced other
persons to take part in criminal activities, involving the
use or distribution of controlled substances or firearms.
Such a factor, if found to exist, shall weigh heavily in
favor of a transfer to adult status, but the absence of this
factor shall not preclude such a transfer.''.
(b) Crimes of Violence.--
(1) Repeal.--Section 140001 of the Violent Crime Control
and Law Enforcement Act of 1994, and the amendments made by
that section, are repealed.
(2) Prosecution as adults of violent juvenile offenders.--
Section 5032 of title 18, United States Code, is amended by
adding at the end the following new paragraphs:
``Notwithstanding any other provision of this section or
any other law, a juvenile who was 13 years of age or older on
the date of the commission of an offense under section 113
(a), (b), or (c), 1111, 1113, 2111, 2113, or 2241 (a) or (c),
shall be prosecuted as an adult in Federal court. No juvenile
prosecuted as an adult under this paragraph shall be
incarcerated in an adult prison.
``If a juvenile prosecuted under this paragraph is
convicted, the juvenile shall be entitled to file a petition
for resentencing pursuant to applicable sentencing guidelines
when the juvenile reaches the age of 16.
``The United States Sentencing Commission shall promulgate
guidelines, or amend existing guidelines, if necessary, to
carry out this section. For resentencing determinations
pursuant to the preceding paragraph, the Commission may
promulgate guidelines, if necessary to permit sentencing
adjustments that may include adjustments that provide for
supervised release for defendants who have clearly
demonstrated--
``(A) an exceptional degree of responsibility for the
offense; and
``(B) a willingness and ability to refrain from further
criminal conduct.''.
SEC. 403. AVAILABILITY OF FINES AND SUPERVISED RELEASE FOR
JUVENILE OFFENDERS.
Section 5037 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence by striking ``subsection (d)''
and inserting ``subsection (e)''; and
(B) in the second sentence, by striking ``place him on
probation, or commit him to official detention'' and
inserting ``place the juvenile on probation, commit the
juvenile to official detention (including the possibility of
a term of supervised release), or impose any fine that would
be authorized if the juvenile had been convicted as an
adult'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by adding after subsection (c) the following new
subsection:
``(d) The term for which supervised release may be ordered
for a juvenile found to be a juvenile delinquent may not
extend--
``(1) in the case of a juvenile who is less than 18 years
old, beyond the earlier of--
``(A) five years after the date on which the juvenile
becomes 21 years old; or
``(B) the maximum supervised release term that would be
authorized by section 3583(b) if the juvenile had been tried
and convicted as an adult; or
``(2) in the case of a juvenile who is between 18 and 21
years old--
``(A) who if convicted as an adult would be convicted of a
Class A, B, or C felony, beyond 5 years after the juvenile's
release from official detention; or
``(B) in any other case beyond the lesser of--
``(i) 3 years; or
``(ii) the maximum term of supervised release that would be
authorized if the juvenile had been tried and convicted as an
adult.''.
SEC. 404. AMENDMENTS CONCERNING JUVENILE RECORDS.
(a) Section 5038 of title 18, United States Code, is
amended--
(1) by striking subsections (d) and (f);
(2) by redesignating subsection (e) as subsection (d); and
(3) by adding at the end the following new subsection (e):
``(e) Whenever a juvenile has been found guilty of
committing an act which if committed by an adult would be an
offense described in clause (3) of the first paragraph of
section 5032, the juvenile shall be fingerprinted and
photographed, and the fingerprints and photograph shall be
sent to the Federal Bureau of Investigation, Identification
Division. The court shall also transmit to the Federal Bureau
of Investigation, Identification Division, the information
concerning the adjudication, including name, date of
adjudication, court, offenses, and sentence, along with the
notation that the matter was a juvenile adjudication. The
fingerprints, photograph, and other records and information
relating to a juvenile described in this subsection, or to a
juvenile who is prosecuted as an adult, shall be made
available in the manner applicable to adult defendants.''.
SEC. 405. MANDATORY MINIMUM PRISON SENTENCES FOR PERSONS WHO
USE MINORS IN DRUG TRAFFICKING ACTIVITIES OR
SELL DRUGS TO MINORS.
(a) Employment of Persons Under 18 Years of Age.--Section
420 of the Controlled Substances Act (21 U.S.C. 861) is
amended--
(1) in subsection (b), by adding at the end the following:
``Except to the extent a greater minimum sentence is
otherwise provided, a term of imprisonment of a person 21 or
more years of age convicted of drug trafficking under this
subsection shall be not less than 10 years. Notwithstanding
any other law, the court shall not place on probation or
suspend the sentence of any person sentenced under the
preceding sentence.''; and
(2) in subsection (c) by inserting after the second
sentence the following: ``Except to the extent a greater
minimum sentence is otherwise provided, a term of
imprisonment of a person 21 or more years of age convicted of
drug trafficking under this subsection shall be a mandatory
term of life imprisonment. Notwithstanding any other law, the
court shall not place on probation or suspend the sentence of
any person sentenced under the preceding sentence.''.
(b) Mandatory Minimum Prison Sentences for Persons
Convicted of Distribution of Drugs to Minors.--
(1) In general.--Section 418 of the Controlled Substances
Act (21 U.S.C. 859) is amended--
(A) in subsection (a)--
(i) by striking ``twenty-one'' and inserting ``eighteen'';
(ii) by striking ``eighteen'' and inserting ``twenty-one'';
(iii) by striking ``not less than one year'' and inserting
``not less than ten years''; and
(iv) by striking the last sentence;
(B) in subsection (b)--
(i) by striking ``twenty-one'' and inserting ``eighteen'';
(ii) by striking ``eighteen'' and inserting ``twenty-one'';
(iii) by striking ``not less than one year'' and inserting
``a mandatory term of life imprisonment'';
(iv) by striking the last sentence; and
(C) by adding at the end the following new subsection:
``(c) Offenses Involving Small Quantities of Marijuana.--
The mandatory minimum sentencing provisions of this section
shall not apply to offenses involving five grams or less of
marijuana.''; and
(D) in the section heading by striking ``twenty-one'' and
inserting ``eighteen''.
(2) Technical Amendment.--The chapter analysis for chapter
13 of title 21, United States Code, is amended in the item
relating to section 859, by striking ``twenty-one'' and
inserting ``eighteen''.
(c) Penalties for Drug Offenses in Drug-Free Zones.--
(1) Repeal.--Section 90102 of the Violent Crime Control and
Law Enforcement Act of 1994 is repealed.
(2) Increased penalties.--Section 419 of the Controlled
Substances Act (21 U.S.C. 860) is amended--
(A) in subsection (a)--
(i) by striking ``not less than one year'' and inserting
``not less than five years''; and
(ii) by striking the last sentence;
(B) in subsection (b), by striking ``not less than three
years'' and inserting ``not less than ten years'';
(C) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(D) by inserting after subsection (b) the following new
subsection:
``(c) Offenses Involving Small Quantities of Marijuana.--
The mandatory minimum sentencing provisions of this section
shall not apply to offenses involving five grams or less of
marijuana.''.
SEC. 406. MANDATORY MINIMUM SENTENCING REFORM.
(a) Repeal.--Title VIII of the Violent Crime Control and
Law Enforcement Act of 1994, and the amendments made by that
title, is repealed.
(b) Flexibility in Application of Mandatory Minimum
Sentence Provisions in Certain Circumstances.--
(1) Amendment of title 18, united states code.--Section
3553 of title 18, United States Code, is amended by adding at
the end the following new subsection:
``(f) Mandatory Minimum Sentence Provisions.--
``(1) Sentencing under this section.--In the case of an
offense described in paragraph (2), the court shall,
notwithstanding the requirement of a mandatory minimum
sentence in that section, impose a sentence in accordance
with this section and the sentencing guidelines and any
pertinent policy statement issued by the United States
Sentencing Commission.
``(2) Offenses.--An offense is described in this paragraph
if--
[[Page S81]] ``(A) the defendant is subject to a mandatory
minimum term of imprisonment under section 401 or 402 of the
Controlled Substances Act (21 U.S.C. 841 and 844) or section
1010 of the Controlled Substances Import and Export Act (21
U.S.C. 960);
``(B) the defendant does not have--
``(i) any criminal history points under the sentencing
guidelines; or
``(ii) any prior conviction, foreign or domestic, for a
crime of violence against a person or a drug trafficking
offense that resulted in a sentence of imprisonment (or an
adjudication as a juvenile delinquent for an act that, if
committed by an adult, would constitute a crime of violence
against a person or a drug trafficking offense);
``(C) the offense did not result in death or serious bodily
injury (as defined in section 1365) to any person--
``(i) as a result of the act of any person during the
course of the offense; or
``(ii) as a result of the use by any person of a controlled
substance that was involved in the offense;
``(D) the defendant did not carry or otherwise have
possession of a firearm (as defined in section 921) or other
dangerous weapon during the course of the offense and did not
direct another person to carry a firearm and the defendant
had no knowledge of any other conspirator involved in the
offense possessing a firearm;
``(E) the defendant was not an organizer, leader, manager,
or supervisor of others (as defined or determined under the
sentencing guidelines) in the offense;
``(F) the defendant did not use, attempt to use, or make a
credible threat to use physical force against the person of
another during the course of the offense;
``(G) the defendant did not own the drugs, finance any part
of the offense or sell the drugs; and
``(H) the Government certifies that the defendant has
timely and truthfully provided to the Government all
information and evidence the defendant has concerning the
offense or offenses that were part of the same course of
conduct or of a common scheme or plan.''.
(2) Harmonization.--
(A) In general.--The United States Sentencing Commission--
(i) may make such amendments as it deems necessary and
appropriate to harmonize the sentencing guidelines and policy
statements with section 3553(f) of title 18, United States
Code, as added by paragraph (1), and promulgate policy
statements to assist the courts in interpreting that
provision; and
(ii) shall amend the sentencing guidelines, if necessary,
to assign to an offense under section 401 or 402 of the
Controlled Substances Act (21 U.S.C. 841 and 844) or section
1010 of the Controlled Substances Import and Export Act (21
U.S.C. 960) to which a mandatory minimum term of imprisonment
applies, a guideline level that will result in the imposition
of a term of imprisonment at least equal to the mandatory
term of imprisonment that is currently applicable, unless a
downward adjustment is authorized under section 3553(f) of
title 18, United States Code, as added by subsection (a).
(B) Emergency amendments.--If the Commission determines
that an expedited procedure is necessary for amendments made
pursuant to paragraph (1) to become effective on the
effective date specified in subsection (c), the Commission
may promulgate such amendments as emergency amendments under
the procedures set forth in section 21(a) of the Sentencing
Act of 1987 (101 Stat. 1271), as though the authority under
that section had not expired.
(3) Effective date.--The amendment made by paragraph (1)
and any amendments to the sentencing guidelines made by the
United States Sentencing Commission pursuant to paragraph (2)
shall apply with respect to sentences imposed for offenses
committed on or after the date that is 60 days after the date
of enactment of this Act.
SEC. 407. INCREASED MANDATORY MINIMUM SENTENCES FOR CRIMINALS
USING FIREARMS.
Section 924(c)(1) of title 18, United States Code, is
amended by inserting after the first sentence the following:
``Except to the extent a greater minimum sentence is
otherwise provided by the preceding sentence or by any other
provision of this subsection or any other law, a person who,
during and in relation to any crime of violence or drug
trafficking crime (including a crime of violence or drug
trafficking crime which provides for an enhanced punishment
if committed by the use of a deadly or dangerous weapon or
device) for which a person may be prosecuted in a court of
the United States, uses or carries a firearm shall, in
addition to the punishment provided for such crime of
violence or drug trafficking crime--
``(A) be punished by imprisonment for not less than 10
years;
``(B) if the firearm is discharged, be punished by
imprisonment for not less than 20 years; and
``(C) if the death of a person results, be punished by
death or by imprisonment for not less than life.
Notwithstanding any other law, the court shall not place on
probation or suspend the sentence of any person convicted of
a violation of this subsection, nor shall the term of
imprisonment imposed under this subsection run concurrently
with any other term of imprisonment including that imposed
for the crime of violence or drug trafficking crime in which
the firearm was used or carried. No person sentenced under
this subsection shall be eligible for parole during the term
of imprisonment imposed under this subsection.''.
SEC. 408. PENALTIES FOR ARSON.
(a) Repeal.--Section 320106 of the Violent Crime Control
and Law Enforcement Act of 1994 is repealed.
(b) Increased Penalties.--Section 844 of title 18, United
States Code, is amended--
(1) in subsection (f)--
(A) by striking ``not more than ten years, or fined not
more than $10,000'' and inserting ``not less than five years
and not more than 20 years, fined the greater of $100,000 or
the cost of repairing or replacing any property that is
damaged or destroyed''; and
(B) by striking ``not more than twenty years, or fined not
more than $10,000'' and inserting ``not less than five years
and not more than 40 years, fined the greater of $200,000 or
the cost of repairing or replacing any property that is
damaged or destroyed'';
(2) in subsection (h)--
(A) in the first sentence by striking ``five years'' and
inserting ``10 years''; and
(B) in the second sentence by striking ``ten years'' and
inserting ``20 years''; and
(3) in subsection (i)--
(A) by striking ``not more than ten years or fined not more
than $10,000'' and inserting ``not less than five years and
not more than 20 years, fined the greater of $100,000 or the
cost of repairing or replacing any property that is damaged
or destroyed''; and
(B) by striking ``not more than twenty years or fined not
more than $10,000'' and inserting ``not less than five years
and not more than 40 years, fined the greater of $200,000 or
the cost of repairing or replacing any property that is
damaged or destroyed''.
(c) Statute of Limitations for Arson.--Section 320917(a) of
the Violent Crime Control and Law Enforcement Act of 1994 is
amended by striking ``7'' and inserting ``10''.
SEC. 409. INTERSTATE TRAVEL OR USE OF MAILS OR A FACILITY IN
INTERSTATE COMMERCE TO FURTHER KIDNAPPING.
Section 1201(a) of title 18, United States Code, is
amended--
(1) in paragraph (3) by striking ``or'' at the end of the
paragraph;
(2) in paragraph (5) by striking ``duties,'' and inserting
``duties; or''; and
(3) by inserting after paragraph (5) the following new
paragraphs:
``(6) an individual travels in interstate or foreign
commerce in furtherance of the offense; or
``(7) the mails or a facility in interstate or foreign
commerce is used in furtherance of the offense,''.
TITLE V--FEDERAL CRIMINAL PROCEDURE REFORM
SEC. 501. OBSTRUCTION OF JUSTICE.
(a) In General.--Chapter 73 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1518. False pleadings
``In a criminal proceeding, any attorney who files in a
court of the United States a brief, motion, answer, pleading,
or other signed document that the attorney knows to contain a
false statement of material fact or a false statement of law,
shall be found guilty of obstruction of justice.''.
(b) Technical Amendment.--The analysis for chapter 73 of
title 18, United States Code, is amended by adding the
following new item:
``1518. False pleadings.''.
SEC. 502. CONDUCT OF FEDERAL PROSECUTORS.
Notwithstanding the ethical rules or the rules of the court
of any State, Federal rules of conduct adopted by the
Attorney General shall govern the conduct of prosecutions in
the courts of the United States.
SEC. 503. FAIRNESS IN JURY SELECTION.
Rule 24(b) of the Federal Rules of Criminal Procedure is
amended by striking ``the Government is also entitled to 6
peremptory challenges and the defendant or defendants jointly
to 10 peremptory challenges'' and inserting ``the Government
is also entitled to 6 peremptory challenges. A defendant
tried alone is entitled to 6 peremptory challenges, but
defendants tried jointly are entitled to 10 peremptory
challenges''.
SEC. 504. BALANCE IN THE COMPOSITION OF RULES COMMITTEES.
Section 2073 of title 28, United States Code, is amended--
(1) in subsection (a)(2), by adding at the end the
following: ``On each such committee that makes
recommendations concerning rules that affect criminal cases,
including the Federal Rules of Criminal Procedure, the
Federal Rules of Evidence, the Federal Rules of Appellate
Procedure, the Rules Governing Section 2254 Cases, and the
Rules Governing Section 2255 Cases, the number of members who
represent or supervise the representation of defendants in
the trial, direct review, or collateral review of criminal
cases shall not exceed the number of members who represent or
supervise the representation of the Government or a State in
the trial, direct review, or collateral review of criminal
cases.''; and
(2) in subsection (b), by adding at the end the following:
``The number of members of the standing committees who
represent or supervise the representation of defendants in
the trial, direct review, or collateral review of criminal
cases shall not exceed the number of members who represent or
supervise the representation of the Government or a State in
the trial, direct review, or collateral review of criminal
cases.''.
[[Page S82]] SEC. 505. REIMBURSEMENT OF REASONABLE ATTORNEYS'
FEES.
Section 526 of title 28, United States Code, is amended by
adding at the end the following new subsection:
``(c)(1)(A) A current or former Department of Justice
attorney, agent, or employee who supervises an agent who is
the subject of a criminal or disciplinary investigation,
instituted on or after the date of enactment of this
subsection, arising out of acts performed in the discharge of
his or her duties in prosecuting or investigating a criminal
matter, who is not provided representation under Department
of Justice regulations, shall be entitled to reimbursement of
reasonable attorneys' fees incurred during and as a result of
the investigation if the investigation does not result in
adverse action against the attorney, agent, or employee.
``(B) A current or former attorney, agent, or employee who
supervises an agent employed as or by a Federal public
defender who is the subject of a criminal or disciplinary
investigation instituted on or after the date of enactment of
this subsection, arising out of acts performed in the
discharge of his or her duties in defending or investigating
a criminal matter in connection with the public defender
program, who is not provided representation by a Federal
public defender or the Administrative Office of the United
States Courts, is entitled to reimbursement of reasonable
attorneys' fees incurred during and as a result of the
investigation if the investigation does not result in adverse
action against the attorney, agent, or employee.
``(2) For purposes of paragraph (1), an investigation shall
be considered not to result in adverse action against an
attorney, agent, or employee if--
``(A) in the case of a criminal investigation, the
investigation does not result in indictment of, the filing of
a criminal complaint against, or the entry of a plea of
guilty by the attorney, agent, or supervising employee; and
``(B) in the case of a disciplinary investigation, the
investigation does not result in discipline or results in
only discipline less serious than a formal letter of
reprimand finding actual and specific wrongdoing.
``(3) The Attorney General shall provide notice in writing
of the conclusion and result of an investigation described in
paragraph (1).
``(4) An attorney, agent, or supervising employee who was
the subject of an investigation described in paragraph (1)
may waive his or her entitlement to reimbursement of
attorneys' fees under paragraph (1) as part of a resolution
of a criminal or disciplinary investigation.
``(5) An application for attorney fee reimbursement under
this subsection shall be made not later than 180 days after
the attorney, agent, or employee is notified in writing of
the conclusion and result of the investigation.
``(6) Upon receipt of a proper application under this
subsection for reimbursement of attorneys' fees, the Attorney
General and the Director of the Administrative Office of the
United States Courts shall award reimbursement for the amount
of attorneys' fees that are found to have been reasonably
incurred by the applicant as a result of an investigation.
``(7) The official making an award under this subsection
shall make inquiry into the reasonableness of the amount
requested, and shall consider--
``(A) the sufficiency of the documentation accompanying the
request;
``(B) the need or justification for the underlying item;
``(C) the reasonableness of the sum requested in light of
the nature of the investigation; and
``(D) current rates for equal services in the community in
which the investigation took place.
``(8)(A) Reimbursements of attorneys' fees ordered under
this subsection by the Attorney General shall be paid from
the appropriation made by section 1304 of title 31, United
States Code.
``(B) Reimbursements of attorneys' fees ordered under this
section by the Director of the Administrative Office of the
United States Courts shall be paid from appropriations
authorized by section 3006A(i) of title 18, United States
Code.
``(9) The Attorney General and the Director of the
Administrative Office of the United States Courts may
delegate their powers and duties under this subsection to an
appropriate subordinate.''.
SEC. 506. MANDATORY RESTITUTION TO VICTIMS OF VIOLENT CRIMES.
(a) Order of Restitution.--Section 3663 of title 18, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``may order'' and inserting ``shall
order''; and
(B) by adding at the end the following new paragraph:
``(4) In addition to ordering restitution of the victim of
the offense of which a defendant is convicted, a court may
order restitution of any person who, as shown by a
preponderance of evidence, was harmed physically or
pecuniarily by unlawful conduct of the defendant during--
``(A) the criminal episode during which the offense
occurred; or
``(B) the course of a scheme, conspiracy, or pattern of
unlawful activity related to the offense.'';
(2) in subsection (b)(1)(A) by striking ``impractical'' and
inserting ``impracticable'';
(3) in subsection (b)(2) by inserting ``emotional or''
after ``resulting in'';
(4) in subsection (c) by striking ``If the Court decides to
order restitution under this section, the'' and inserting
``The'';
(5) by striking subsections (d), (e), (f), (g), and (h);
and
(6) by adding at the end the following new subsections:
``(d)(1) The court shall order restitution to a victim in
the full amount of the victim's losses as determined by the
court and without consideration of--
``(A) the economic circumstances of the offender; or
``(B) the fact that a victim has received or is entitled to
receive compensation with respect to a loss from insurance or
any other source.
``(2) Upon determination of the amount of restitution owed
to each victim, the court shall specify in the restitution
order the manner in which and the schedule according to which
the restitution is to be paid, in consideration of--
``(A) the financial resources and other assets of the
offender;
``(B) projected earnings and other income of the offender;
and
``(C) any financial obligations of the offender, including
obligations to dependents.
``(3) A restoration order may direct the offender to make a
single, lump-sum payment, partial payment at specified
intervals, or such in-kind payments as may be agreeable to
the victim and the offender.
``(4) An in-kind payment described in paragraph (3) may be
in the form of--
``(A) return of property;
``(B) replacement of property; or
``(C) services rendered to the victim or to a person or
organization other than the victim.
``(e) When the court finds that more than 1 offender has
contributed to the loss of a victim, the court may make each
offender liable for payment of the full amount of restitution
or may apportion liability among the offenders to reflect the
level of contribution and economic circumstances of each
offender.
``(f) When the court finds that more than 1 victim has
sustained a loss requiring restitution by an offender, the
court shall order full restitution of each victim but may
provide for different payment schedules to reflect the
economic circumstances of each victim.
``(g)(1) If the victim has received or is entitled to
receive compensation with respect to a loss from insurance or
any other source, the court shall order that restitution be
paid to the person who provided or is obligated to provide
the compensation, but the restitution order shall provide
that all restitution of victims required by the order be paid
to the victims before any restitution is paid to such a
provider of compensation.
``(2) The issuance of a restitution order shall not affect
the entitlement of a victim to receive compensation with
respect to a loss from insurance or any other source until
the payments actually received by the victim under the
restitution order fully compensate the victim for the loss,
at which time a person that has provided compensation to the
victim shall be entitled to receive any payments remaining to
be paid under the restitution order.
``(3) Any amount paid to a victim under an order of
restitution shall be set off against any amount later
recovered as compensatory damages by the victim in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(h) A restitution order shall provide that--
``(1) all fines, penalties, costs, restitution payments and
other forms of transfers of money or property made pursuant
to the sentence of the court shall be made by the offender to
an entity designated by the Director of the Administrative
Office of the United States Courts for accounting and payment
by the entity in accordance with this subsection;
``(2) the entity designated by the Director of the
Administrative Office of the United States Courts shall--
``(A) log all transfers in a manner that tracks the
offender's obligations and the current status in meeting
those obligations, unless, after efforts have been made to
enforce the restitution order and it appears that compliance
cannot be obtained, the court determines that continued
recordkeeping under this subparagraph would not be useful;
``(B) notify the court and the interested parties when an
offender is 90 days in arrears in meeting those obligations;
and
``(3) the offender shall advise the entity designated by
the Director of the Administrative Office of the United
States Courts of any change in the offender's address during
the term of the restitution order.
``(i) A restitution order shall constitute a lien against
all property of the offender and may be recorded in any
Federal or State office for the recording of liens against
real or personal property.
``(j) Compliance with the schedule of payment and other
terms of a restitution order shall be a condition of any
probation, parole, or other form of release of an offender.
If a defendant fails to comply with a restitution order, the
court may revoke probation or a term of supervised release,
modify the term or conditions of probation or a term of
supervised release, hold the defendant in contempt of court,
enter a restraining order or injunction, order the sale of
property of the
[[Page S83]] defendant, accept a performance bond, or take
any other action necessary to obtain compliance with the
restitution order. In determining what action to take, the
court shall consider the defendant's employment status,
earning ability, financial resources, the willfulness in
failing to comply with the restitution order, and any other
circumstances that may have a bearing on the defendant's
ability to comply with the restitution order.
``(k) An order of restitution may be enforced--
``(1) by the United States--
``(A) in the manner provided for the collection and payment
of fines in subchapter (B) of chapter 229 of this title; or
``(B) in the same manner as a judgment in a civil action;
and
``(2) by a victim named in the order to receive the
restitution, in the same manner as a judgment in a civil
action.
``(l) A victim or the offender may petition the court at
any time to modify a restitution order as appropriate in view
of a change in the economic circumstances of the offender.''.
(b) Procedure for Issuing Order of Restitution.--Section
3664 of title 18, United States Code, is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (a), (b), (c), and (d);
(3) by amending subsection (a), as redesignated by
paragraph (2), to read as follows:
``(a) The court may order the probation service of the
court to obtain information pertaining to the amount of loss
sustained by any victim as a result of the offense, the
financial resources of the defendant, the financial needs and
earning ability of the defendant and the defendant's
dependents, and such other factors as the court deems
appropriate. The probation service of the court shall include
the information collected in the report of presentence
investigation or in a separate report, as the court
directs.''; and
(4) by adding at the end thereof the following new
subsection:
``(e) The court may refer any issue arising in connection
with a proposed order of restitution to a magistrate or
special master for proposed findings of fact and
recommendations as to disposition, subject to a de novo
determination of the issue by the court.''.
SEC. 507. ADMISSIBILITY OF CERTAIN EVIDENCE.
(a) Confessions.--Section 3501 of title 18, United States
Code, is amended--
(1) in subsection (a), by inserting after the first
sentence the following new sentence: ``The defendant shall
have the burden of proving by a preponderance of the evidence
that a confession was not voluntary.''; and
(2) in subsection (c) by striking ``and if such
confession'' and all that follows through the end of the
subsection.
(b) Reasonable Search or Seizure.--
(1) In general.--Chapter 223 of title 18, United States
Code, is amended by inserting after section 3502 the
following new section:
``Sec. 3502A. Admissibility of evidence obtained by search or
seizure
``(a) Evidence Obtained by Objectively Reasonable Search or
Seizure.--Evidence obtained as a result of a search or
seizure that is otherwise admissible in a Federal criminal
proceeding shall not be excluded in a proceeding in a court
of the United States on the ground that the search or seizure
was in violation of the fourth amendment to the Constitution.
``(b) Evidence Not Excludable by Statute or Rule.--Evidence
shall not be excluded in a proceeding in a court of the
United States on the ground that it was obtained in violation
of a statute, an administrative rule, or a rule of court
procedure unless exclusion is expressly authorized by statute
or by a rule prescribed by the Supreme Court pursuant to
chapter 131 of title 28.
``(c) Rule of Construction.--This section shall not be
construed to require or authorize the exclusion of evidence
in any proceeding.''.
(2) Technical amendment.--The chapter analysis for chapter
223 of title 18, United States Code, is amended by inserting
after the item for section 3502 the following new item:
``3502A. Admissibility of evidence obtained by search or seizure.''.
(c) Illegal Search and Seizure.--
(1) In general.--Title 28, United States Code, is amended
by inserting after chapter 171, the following new chapter:
``CHAPTER 172--ILLEGAL SEARCH AND SEIZURE
``Sec.
``2691. Definitions.
``2692. Tort claims; illegal search and seizure.
``2693. Sanctions against investigative or law enforcement officers.
``2694. Judgment as bar.
``2695. Attorneys' fees and costs.
``2696. Applicability of other tort claims procedures.
``Sec. 2691. Definitions
``In this chapter--
``(1) the term `Federal agency' includes an executive
department, military department, independent establishment of
the United States, and a corporation acting primarily as an
instrumentality or agency of the United States, but does not
include a contractor with the United States; and
``(2) the term `investigative or law enforcement officer'
means--
``(A) an officer of the United States who is empowered by
law to execute searches, to seize evidence, or to make
arrests for any violation of Federal law;
``(B) a person acting under or at the request of such an
officer; or
``(C) a State or local law enforcement officer, if the case
is prosecuted in a court of the United States.
``Sec. 2692. Tort claims; illegal search and seizure
``(a) In General.--The United States shall be liable for
damages resulting from a search or seizure conducted by an
investigative or law enforcement officer, acting within the
scope of the officer's office or employment, in violation of
the fourth amendment to the Constitution.
``(b) Actual and Punitive Damages.--A person who is
aggrieved by a violation described in subsection (a) may
recover actual damages and such punitive damages as the court
may award under subsection (c).
``(c) Award of Punitive Damages.--Punitive damages may be
awarded by the court in an amount not exceeding $10,000, upon
consideration of all of the circumstances of the case,
including--
``(1) the extent of the investigative or law enforcement
officer's deviation from permissible conduct;
``(2) the extent to which the violation was willful,
reckless, or grossly negligent;
``(3) the extent to which the aggrieved person's privacy
was invaded;
``(4) the extent of the aggrieved person's physical,
mental, and emotional injury;
``(5) the extent of any property damage; and
``(6) the effect that making an award of punitive damages
would have in preventing future violations of the fourth
amendment to the Constitution.
``(d) Limitation on Award to Offender.--An award of
nonpunitive damages under this section to a person who is
convicted of an offense for which evidence of the offense was
seized in violation of the fourth amendment to the
Constitution shall be limited to damages for actual physical
personal injury and actual property damage sustained as a
result of the unconstitutional search and seizure.
``(e) Amount of Award.--
``(1) In general.--Except as provided in paragraph (2), in
an action brought pursuant to this section, a judgment,
award, compromise, or settlement shall be in an amount that
is not more than $30,000, including actual and punitive
damages.
``(2) Exception.--The limitation provided in paragraph (1)
shall not apply to a judgment, award, compromise, or
settlement if the actual damages are in an amount that is
greater than $30,000.
``(3) Prejudgment interest.--The United States shall not be
liable for interest prior to judgment.
``(f) Period of Limitation.--An action under this section
shall be brought within the period of limitation provided in
section 2401(b).
``Sec. 2693. Sanctions against investigative or law
enforcement officers
``An investigative or law enforcement officer who conducts
a search or seizure in violation of the fourth amendment to
the Constitution shall be subject to appropriate discipline
in the discretion of the Federal agency employing the
officer, if that agency determines, after notice and hearing,
that the officer conducted the search or seizure lacking a
good faith belief that the search or seizure was
constitutional.
``Sec. 2694. Judgment as bar
``The remedy against the United States provided under this
chapter shall be the exclusive civil remedy for a violation
of the fourth amendment to the Constitution by any
investigative or law enforcement officer acting within the
scope of the officer's office or employment.
``Sec. 2695. Attorneys' fees and costs
``In an action brought under this chapter, the court may
award any claimant who prevails in the action, other than the
United States, reasonable attorney's fees and other
litigation costs reasonably incurred in prosecuting the
claim.
``Sec. 2696. Applicability of other tort claims procedures
``(a) In General.--The procedures provided in sections
2672, 2675, 2677, 2678, 2679, and 2680 apply to an action
brought under this chapter.
``(b) Treatment as Employee of the United States.--For the
purposes of the sections referred to in subsection (a), an
investigative or law enforcement officer who conducts a
search or seizure in violation of the fourth amendment to the
Constitution shall be treated as if the officer were an
`employee of the United States'.
``(c) Treatment of State or Local Officers.--A State or
local officer who violates the fourth amendment to the
Constitution in a case that is later prosecuted in a court of
the United States shall, for purposes of this section, be an
employee of the United States.''.
(2) Technical amendment.--The part analysis for part VI of
title 28, United States Code, is amended by inserting after
the item relating to chapter 171 the following new item:
``172. Illegal search and seizure...........................2691''.....
(d) Jurisdiction.--Section 1346 of title 28, United States
Code, is amended by inserting after subsection (f) the
following new subsection:
``(g) The district courts, together with the United States
District for the Territory of
[[Page S84]] Guam, the District Court for the Northern
Mariana Islands, and the District Court of the Virgin
Islands, shall have exclusive original jurisdiction of any
civil action on a claim against the United States, for money
damages, brought under chapter 172.''.
(e) Technical Amendment.--Section 1402(b) of title 28,
United States Code, is amended by inserting ``or subsection
(g)'' after ``subsection (b)''.
(f) Effective Date.--The amendments made by this section
shall apply only to claims arising on or after the date of
enactment of this Act.
SEC. 508. GENERAL HABEAS CORPUS REFORM.
(a) Period of Limitation.--Section 2244 of title 28, United
States Code, is amended by adding at the end the following
new subsection:
``(d) A one-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court. The
limitation period shall run from the latest of--
``(1) the date on which State remedies are exhausted;
``(2) the date on which the impediment to filing an
application created by State action in violation of the
Constitution or laws of the United States is removed, where
the applicant was prevented from filing by such State action;
``(3) the date on which the Federal constitutional right
asserted was initially recognized by the Supreme Court, where
the right has been newly recognized by the Court and is made
retroactively applicable; or
``(4) the date on which the factual predicate of the claim
or claims presented could have been discovered through the
exercise of due diligence.''.
(b) Appeal.--Section 2253 of title 28, United States Code,
is amended to read as follows:
``Sec. 2253. Appeal
``(a) In General.--In a habeas corpus proceeding or a
proceeding under section 2255 before a circuit or district
judge, the final order shall be subject to review, on appeal,
by the court of appeals for the circuit where the proceeding
is held.
``(b) Validity of Warrant or Detention.--There shall be no
right of appeal from such an order in a proceeding to test
the validity of a warrant to remove, to another district or
place for commitment or trial, a person charged with a
criminal offense against the United States, or to test the
validity of the detention of such person pending removal
proceedings.
``(c) Requirement for Certificate of Probable Cause.--
``(1) Requirement.--Unless a circuit justice or judge
issues a certificate of probable cause, an appeal may not be
taken to the court of appeals from--
``(A) the final order in a habeas corpus proceeding in
which the detention complained of arises out of process
issued by a State court; or
``(B) the final order in a proceeding under section 2255.
``(2) Substantial showing.--A certificate of probable cause
may issue under paragraph (1) only if the petitioner has made
a substantial showing of the denial of a Federal
constitutional right.
``(3) Specification of issues.--The certificate of probable
cause under paragraph (1) shall indicate which specific issue
or issues satisfy the showing required by paragraph (2).''.
(c) Amendment of Federal Rules of Appellate Procedure.--
Rule 22 of the Federal Rules of Appellate Procedure is
amended to read as follows:
``Rule 22. Habeas corpus and section 2255 proceedings
``(a) Application for an Original Writ of Habeas Corpus.--
An application for a writ of habeas corpus shall be made to
the appropriate district court. If application is made to a
circuit judge, the application shall be transferred to the
appropriate district court. If an application is made to or
transferred to the district court and denied, renewal of the
application before a circuit judge shall not be permitted.
The petitioner may, pursuant to section 2253, appeal to the
appropriate court of appeals from the order of the district
court denying the writ.
``(b) Necessity of Certificate of Probable Cause for
Appeal.--In a habeas corpus proceeding in which the detention
complained of arises out of process issued by a State court,
and in a motion proceeding pursuant to section 2255 of title
28, United States Code, an appeal by the applicant may not
proceed unless the Court of Appeals issues a certificate of
probable cause. If a request for a certificate of probable
cause is addressed to the court of appeals, it shall be
deemed addressed to the judges thereof and shall be
considered by a panel of the Court of Appeals. If no express
request for a certificate is filed, the notice of appeal
shall be deemed to constitute a request addressed to the
judges of the court of appeals. If an appeal is taken by a
State or the Government or its representative, a certificate
of probable cause is not required.''.
(d) Section 2254 Amendment.--Section 2254 of title 28,
United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) An application for a writ of habeas corpus on
behalf of a person in custody pursuant to the judgment of a
State court shall not be granted unless it appears that--
``(A) the applicant has exhausted the remedies available in
the courts of the State; or
``(B)(i) there is an absence of available State corrective
process; or
``(ii) circumstances exist that render such process
ineffective to protect the rights of the applicant.
``(2) An application may be denied if the court is
satisfied that the application is frivolous or malicious,
notwithstanding the failure of the applicant to exhaust the
remedies available in the courts of the State.
``(3) A State shall not be deemed to have waived the
exhaustion requirement or be estopped from reliance upon the
requirement unless the State, through counsel, expressly
waives the requirement.'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) An application for a writ of habeas corpus on behalf
of a person in custody pursuant to the judgment of a State
court shall not be granted with respect to any claim that has
been fully and fairly adjudicated in State proceedings.'';
(4) by amending subsection (e), as redesignated by
paragraph (2), to read as follows:
``(e)(1) In a proceeding instituted by an application for a
writ of habeas corpus by a person in custody pursuant to the
judgment of a State court, a determination of a factual issue
made in the case by a State court after any procedure
sufficient to develop an adequate record shall be presumed to
be correct. The applicant shall have the burden of rebutting
this presumption by clear and convincing evidence.
``(2) If the applicant has failed to develop the factual
basis of a claim in State court proceedings, the Federal
court shall not hold an evidentiary hearing on the claim
unless the applicant shows that--
``(A) the claim relies on (i) a new rule of constitutional
law, made retroactive by the Supreme Court, that was
previously unavailable; or (ii) a factual predicate that
could not have been previously discovered through the
exercise of due diligence; and
``(B) the facts underlying the claim would be sufficient to
establish by clear and convincing evidence that, but for
constitutional error, no reasonable factfinder would have
found the petitioner guilty of the underlying offense or
eligible for the death penalty under State law.''; and
(5) by adding at the end the following new subsection:
``(h) In all proceedings brought under this section, and
any subsequent proceedings on review, appointment of counsel
for a petitioner who is or becomes financially unable to
afford counsel shall be in the discretion of the court,
except as provided by a rule promulgated by the Supreme Court
pursuant to statutory authority. Appointment of counsel under
this section shall be governed by section 3006A of title 18,
United States Code.''.
(e) Section 2255 Amendments.--Section 2255 of title 28,
United States Code, is amended--
(1) by striking the second and the fifth paragraphs; and
(2) by adding at the end the following new paragraphs:
``A one-year period of limitation shall apply to a motion
under this section. The limitation period shall run from the
latest of--
``(1) the date on which the judgment of conviction becomes
final;
``(2) the date on which the impediment to making a motion
created by governmental action in violation of the
Constitution or laws of the United States is removed, where
the movant was prevented from making a motion by such
governmental action;
``(3) the date on which the right asserted was initially
recognized by the Supreme Court, if that right has been newly
recognized by the Court and is made retroactively applicable;
or
``(4) the date on which the factual predicate of the claim
or claims presented could have been discovered through the
exercise of due diligence.
``In all proceedings brought under this section, and any
subsequent proceedings on review, appointment of counsel for
a movant who is or becomes financially unable to afford
counsel shall be in the discretion of the court, except as
provided by a rule promulgated by the Supreme Court pursuant
to statutory authority. Appointment of counsel under this
section shall be governed by section 3006A of title 18,
United States Code.''.
(f) Second or Successive Petitions.--
(1) Certification.--A second or successive motion must be
certified by a panel of the appropriate Federal Court of
Appeals to contain--
(A) newly discovered evidence sufficient to undermine the
court's confidence in the factfinder's determination of the
prisoner's guilt of the offense or offenses for which the
sentence was imposed; or
(B) a new rule of constitutional law, made retroactive by
the Supreme Court, that was previously unavailable.
(2) Conforming amendment to section 2244(a).--Section
2244(a) of title 28, United States Code, is amended by
striking ``and the petition'' and all that follows through
``by such inquiry.'' and inserting ``except as provided in
section 2255.''.
(3) Limitations on second or successive petitions.--Section
2244(b) of title 28, United States Code, is amended to read
as follows:
``(b)(1) A claim presented in a second or successive habeas
corpus petition that was
[[Page S85]] not presented in a prior petition shall be
dismissed unless--
``(A) the petitioner shows that--
``(i) the claim relies on a new rule of constitutional law,
made retroactive by the Supreme Court, that was previously
unavailable; or
``(ii) the factual predicate for the claim could not have
been discovered previously through the exercise of due
diligence; and
``(B) the facts underlying the claim, if proven and viewed
in light of the evidence as a whole, would be sufficient to
undermine the court's confidence in the factfinder's
determination of the applicant's guilt of the offense or
offenses for which the sentence was imposed.
``(2)(A) Before a second or successive petition is filed in
the district court, the petitioner must move in the
appropriate court of appeals for an order authorizing the
district court to consider the petition.
``(B) A motion in the court of appeals for an order
authorizing the district court to consider a successive
petition shall be determined by a three-judge panel of the
court of appeals.
``(C) The court of appeals may authorize the filing of a
successive petition only if it determines that the petitioner
has made a prima facie showing that the petition satisfies
the requirements of this section.
``(D) The grant or denial of an authorization by the court
of appeals to file a second or successive petition shall not
be appealable.
``(3) A district court shall dismiss any claim presented in
a second or successive petition that the court of appeals has
authorized to be filed unless the applicant shows that the
claim satisfies the requirements of this section.''.
SEC. 509. TECHNICAL AMENDMENT.
Section 848(q) of title 21, United States Code, is amended
by striking all references to section 2254.
SEC. 510. DEATH PENALTY LITIGATION PROCEDURES.
(a) Addition of Chapter.--Title 28, United States Code, is
amended by inserting after chapter 153 the following new
chapter:
``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2256. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or
statute; procedures for appointment.
``2257. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
``2258. Filing of habeas corpus petition; time requirements; tolling
rules.
``2259. Evidentiary hearings; scope of Federal review; district court
adjudication.
``2260. Certificate of probable cause inapplicable.
``2261. Application to state unitary review procedures.
``2262. Limitation periods for determining petitions.
``2263. Rule of construction.
``Sec. 2256. Prisoners in State custody subject to capital
sentence; appointment of counsel; requirement of rule of
court or statute; procedures for appointment
``(a) Application of Chapter.--This chapter shall apply to
cases arising under section 2254 brought by prisoners in
State custody who are subject to a capital sentence. It shall
apply only if the provisions of subsections (b) and (c) are
satisfied.
``(b) Establishment of Appointment Mechanism.--This chapter
is applicable if a State establishes by rule of its court of
last resort or by statute a mechanism for the appointment,
compensation and payment of reasonable litigation expenses of
competent counsel in State postconviction proceedings brought
by indigent prisoners whose capital convictions and sentences
have been upheld on direct appeal to the court of last resort
in the State or have otherwise become final for State law
purposes. The rule of court or statute must provide standards
of competency for the appointment of such counsel.
``(c) Offer of Counsel.--Any mechanism for the appointment,
compensation and reimbursement of counsel as provided in
subsection (b) must offer counsel to all State prisoners
under capital sentence and must provide for the entry of an
order by a court of record--
``(1) appointing 1 or more counsel to represent the
prisoner upon a finding that the prisoner is indigent and
accepted the offer or is unable competently to decide whether
to accept or reject the offer;
``(2) finding, after a hearing if necessary, that the
prisoner rejected the offer of counsel and made the decision
with an understanding of its legal consequences; or
``(3) denying the appointment of counsel upon a finding
that the prisoner is not indigent.
``(d) Previous Representation.--No counsel appointed
pursuant to subsections (b) and (c) to represent a State
prisoner under capital sentence shall have previously
represented the prisoner at trial or on direct appeal in the
case for which the appointment is made unless the prisoner
and counsel expressly request continued representation.
``(e) No Ground for Relief.--The ineffectiveness or
incompetence of counsel during Federal or State collateral
postconviction proceedings in a capital case shall not be a
ground for relief in a proceeding arising under section 2254.
This limitation shall not preclude the appointment of
different counsel, on the court's own motion or at the
request of the prisoner, at any phase of State or Federal
postconviction proceedings on the basis of the
ineffectiveness or incompetence of counsel in such
proceedings.
``Sec. 2257. Mandatory stay of execution; duration; limits on
stays of execution; successive petitions
``(a) Stay.--Upon the entry in the appropriate State court
of record of an order under section 2256(c), a warrant or
order setting an execution date for a State prisoner shall be
stayed upon application to any court that would have
jurisdiction over any proceedings filed under section 2254.
The application must recite that the State has invoked the
postconviction review procedures of this chapter and that the
scheduled execution is subject to stay.
``(b) Expiration of Stay.--A stay of execution granted
pursuant to subsection (a) shall expire if--
``(1) a State prisoner fails to file a habeas corpus
petition under section 2254 within the time required in
section 2258, or fails to make a timely application for court
of appeals review following the denial of such a petition by
a district court;
``(2) upon completion of district court and court of
appeals review under section 2254 the petition for relief is
denied and--
``(A) the time for filing a petition for certiorari has
expired and no petition has been filed;
``(B) a timely petition for certiorari was filed and the
Supreme Court denied the petition; or
``(C) a timely petition for certiorari was filed and upon
consideration of the case, the Supreme Court disposed of it
in a manner that left the capital sentence undisturbed; or
``(3) before a court of competent jurisdiction, in the
presence of counsel and after having been advised of the
consequences of his decision, a State prisoner under capital
sentence waives the right to pursue habeas corpus review
under section 2254.
``(c) Limitation on Further Stay.--If one of the conditions
in subsection (b) has occurred, no Federal court thereafter
shall have the authority to enter a stay of execution or
grant relief in a capital case unless--
``(1) the basis for the stay and request for relief is a
claim not previously presented in the State or Federal
courts;
``(2) the failure to raise the claim is--
``(A) the result of State action in violation of the
Constitution or laws of the United States;
``(B) the result of the Supreme Court recognition of a new
Federal right that is made retroactively applicable; or
``(C) based on a factual predicate that could not have been
discovered through the exercise of due diligence in time to
present the claim for State or Federal postconviction review;
``(3) the facts underlying the claim if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that but for
constitutional error, no reasonable factfinder would have
found the petitioner guilty of the underlying offense or
eligible for the death penalty under State law;
``(4) the court of appeals approves the filing of a second
or successive petition that--
``(A) is the result of the Supreme Court recognition of a
new Federal right that is made retroactively applicable; or
``(B) is based on a factual predicate that could not have
been discovered through the exercise of due diligence in time
to present the claim for State or Federal postconviction
review; and
``(5) the facts underlying the claim if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that but for
constitutional error, no reasonable factfinder would have
found the petitioner guilty of the underlying offense or
eligible for the death penalty under State law.
``Sec. 2258. Filing of habeas corpus petition; time
requirements; tolling rules
``(a) Filing.--A petition for habeas corpus relief under
section 2254 must be filed in the appropriate district court
within 180 days from the filing in the appropriate State
court of record of an order under section 2256(c).
``(b) Tolling.--The time requirements established by this
section shall be tolled--
``(1) from the date that a petition for certiorari is filed
in the Supreme Court until the date of final disposition of
the petition if a State prisoner files the petition to secure
review by the Supreme Court of the affirmance of a capital
sentence on direct review by the court of last resort of the
State or other final State court decision on direct review;
``(2) during any period in which a State prisoner under
capital sentence has a properly filed request for
postconviction review pending before a State court of
competent jurisdiction; if all State filing rules are met in
a timely manner, this period shall run continuously from the
date that the State prisoner initially files for
postconviction review until final disposition of the case by
the highest court of the State, but the time requirements
established by this section are not tolled during the
pendency of a petition for certiorari before the Supreme
Court except as provided in paragraph (1); and
``(3) during an additional period not to exceed 30 days,
if--
[[Page S86]] ``(A) a motion for an extension of time is
filed in the Federal district court that would have proper
jurisdiction over the case upon the filing of a habeas corpus
petition under section 2254; and
``(B) a showing of good cause is made for the failure to
file the habeas corpus petition within the time period
established by this section.
``Sec. 2259. Evidentiary hearings; scope of Federal review;
district court adjudication
``(a) Review of Record; Hearing.--Whenever a State prisoner
under a capital sentence files a petition for habeas corpus
relief to which this chapter applies, the district court
shall, within the time limits required by section 2267--
``(1) determine the sufficiency of the record for habeas
corpus review based on the claims actually presented and
litigated in the State courts except when the prisoner can
show that the failure to raise or develop a claim in the
State courts is--
``(A) the result of State action in violation of the
Constitution or laws of the United States;
``(B) the result of the Supreme Court recognition of a new
Federal right that is made retroactively applicable; or
``(C) based on a factual predicate that could not have been
discovered through the exercise of due diligence in time to
present the claim for State postconviction review; and
``(2) conduct any requested evidentiary hearing necessary
to complete the record for habeas corpus review.
``(b) Adjudication.--Upon the development of a complete
evidentiary record, the district court shall rule on the
claims that are properly before it, but the court shall not
grant relief from a judgment of conviction or sentence on the
basis of any claim that was fully and fairly adjudicated in
State proceedings.
``Sec. 2260. Certificate of probable cause inapplicable
``The requirement of a certificate of probable cause in
order to appeal from the district court to the court of
appeals does not apply to habeas corpus cases subject to this
chapter except when a second or successive petition is filed.
``Sec. 2261. Application to State unitary review procedure
``(a) In General.--
``(1) Definition.--For purposes of this section, the term
`unitary review procedure' means a State procedure that
authorizes a person under sentence of death to raise, in the
course of direct review of the judgment, such claims as could
be raised on collateral attack.
``(2) Application of chapter.--This chapter shall apply, as
provided in this section, in relation to a State unitary
review procedure if the State establishes by rule of its
court of last resort or by statute a mechanism for the
appointment, compensation, and payment of reasonable
litigation expenses of competent counsel in the unitary
review proceedings, including expenses relating to the
litigation of collateral claims in the proceedings.
``(3) Standards of competency.--A rule of court or statute
described in paragraph (2) must provide standards of
competency for the appointment of counsel.
``(b) Offer of Counsel.--
``(1) In general.--To qualify under this section, a unitary
review procedure, to qualify under this section, must include
an offer of counsel following trial for the purpose of
representation on unitary review, and entry of an order, as
provided in section 2256(c), concerning appointment of
counsel or waiver or denial of appointment of counsel for
that purpose.
``(2) No previous representation.--No counsel appointed to
represent the prisoner in the unitary review proceedings
shall have previously represented the prisoner at trial in
the case for which the appointment is made unless the
prisoner and counsel expressly request continued
representation.
``(c) Application of Other Sections.--
``(1) In general.--Sections 2257, 2258, 2259, 2260, and
2262 shall apply in relation to cases involving a sentence of
death from any State having a unitary review procedure that
qualifies under this section.
``(2) References.--References to State `post-conviction
review' and `direct review' in those sections shall be
understood as referring to unitary review under the State
procedure. The references in sections 2257(a) and 2258 to `an
order under section 2256(c)' shall be understood as referring
to the post-trial order under subsection (b) concerning
representation in the unitary review proceedings, but if a
transcript of the trial proceedings is unavailable at the
time of the filing of such an order in the appropriate State
court, the start of the 180-day limitation period under
section 2258 shall be deferred until a transcript is made
available to the prisoner or the prisoner's counsel.
``Sec. 2262. Limitation periods for determining petitions
``(a) In General.--The adjudication of any petition under
section 2254 that is subject to this chapter, and the
adjudication of any motion under section 2255 by a person
under sentence of death, shall be given priority by the
district court and by the court of appeals over all
noncapital matters.
``(b) Time Limitations for Consideration by the District
Courts of Habeas Corpus Petitions in Capital Cases.--
``(1) In general.--
``(A) Final determination within 180 days.--Except to the
extent that a longer period of time is required in order that
each of the parties will have been accorded at least as many
days as provided in the rules in which to complete all
actions, including preparation of briefs and, if necessary, a
hearing prior to the submission of the case for decision, a
district court shall render a final determination of any
petition for a writ of habeas corpus brought under this
chapter in a capital case not later than 180 days after the
date on which the petition is filed.
``(B) Delay.--(i) A district court may delay for not more
than one additional 180-day period beyond the period
specified in subparagraph (A), the rendering of a
determination of a petition for a writ of habeas corpus if
the court issues a written order making a finding, and
stating the reasons for the finding, that the ends of justice
that would be served by allowing the delay outweigh the best
interests of the public and the petitioner in a speedy
disposition of the petition.
``(ii) The factors, among others, that a court shall
consider in determining whether a delay in the disposition of
a petition is warranted are as follows:
``(I) Whether the failure to allow the delay would be
likely to result in a miscarriage of justice.
``(II) Whether the case is so unusual or so complex, due to
the number of defendants, the nature of the prosecution, or
the existence of novel questions of fact or law, that it is
unreasonable to expect adequate briefing within the time
limit established by subparagraph (A).
``(III) Whether the failure to allow a delay in a case,
that taken as a whole, is not so unusual or so complex as
described in clause (ii), would deny the petitioner
reasonable time to obtain counsel, would unreasonably deny
the petitioner or the government continuity of counsel, or
would deny counsel for the petitioner or the government the
reasonable time necessary for effective preparation, taking
into account the exercise of due diligence.
``(iii) No delay in disposition shall be permissible
because of general congestion of the court's calendar.
``(iv) The court shall transmit a copy of any order issued
under clause (i) to the Director of the Administrative Office
of the United States Courts for inclusion in the report under
paragraph (5).
``(2) Application.--The time limitations under paragraph
(1) shall apply to--
``(A) an initial petition for a writ of habeas corpus;
``(B) any second or successive petition for a writ of
habeas corpus; and
``(C) any redetermination of a petition for a writ of
habeas corpus following a remand by the court of appeals or
the Supreme Court for further proceedings, in which case the
limitation period shall run from the date the remand is
ordered.
``(3) Rule of construction.--The time limitations under
this section shall not be construed to entitle a petitioner
to a stay of execution, to which the petitioner would
otherwise not be entitled, for the purpose of litigating any
petition or appeal.
``(4) Failure to render timely determination.--
``(A) No ground for relief.--The failure of a court to meet
or comply with a time limitation under this section shall not
be a ground for granting relief from a judgment of conviction
or sentence.
``(B) Enforcement.--The government may enforce a time
limitation under this section by petitioning for a writ of
mandamus to the court of appeals. The Court of Appeals shall
act on the petition for a writ or mandamus not later than 30
days after the filing of the petition.
``(5) Report.--
``(A) In general.--The Administrative Office of United
States Courts shall submit to Congress an annual report on
the compliance by the district courts with the time
limitations under this section.
``(B) Contents.--The report described in subparagraph (A)
shall include copies of the orders submitted by the district
courts under paragraph (1)(B)(iv).
``(c) Time Limitations for Consideration of District Court
Determinations of Habeas Corpus Petitions in Capital Cases.--
``(1) In general.--
``(A) Final determination within 120 days.--A court of
appeals shall hear and render a final determination of any
appeal of an order granting or denying, in whole or in part,
a petition brought under this chapter in a capital case not
later than 120 days after the date on which the reply brief
is filed, or if no reply brief is filed, not later than 120
days after the date on which the answering brief is filed.
``(B) Hearing en banc.--(i) A court of appeals shall decide
whether to grant a petition for rehearing or other request
for rehearing en banc not later than 30 days after the date
on which the petition for rehearing is filed unless a
responsive pleading is required, in which case the court
shall decide whether to grant the petition not later than 30
days after the date on which the responsive pleading is
filed.
``(ii) If a petition for rehearing or rehearing en banc is
granted, the court of appeals shall hear and render a final
determination of the appeal not later than 120 days after the
date on which the order granting rehearing or rehearing en
banc is entered.
``(2) Application.--The time limitations under paragraph
(1) shall apply to--
``(A) an initial petition for a writ of habeas corpus;
[[Page S87]] ``(B) any second or successive petition for a
writ of habeas corpus; and
``(C) any redetermination of a petition for a writ of
habeas corpus or related appeal following a remand by the
court of appeals or the Supreme Court for further
proceedings, in which case the limitation period shall run
from the date the remand is ordered.
``(3) Rule of construction.--The time limitations under
this section shall not be construed to entitle a petitioner
to a stay of execution, to which the petitioner would
otherwise not be entitled, for the purpose of litigating any
petition or appeal.
``(4) Failure to render timely determination.--
``(A) No ground for relief.--The failure of a court to meet
or comply with a time limitation under this section shall not
be a ground for granting relief from a judgment of conviction
or sentence.
``(B) Enforcement.--The government may enforce a time
limitation under this section by applying for a writ of
mandamus to the Supreme Court.
``(5) Report.--The Administrative Office of United States
Courts shall submit to Congress an annual report on the
compliance by the district courts and courts of appeals with
the time limitations under this section.''.
(b) Technical Amendment.--The part analysis for part IV of
title 28, United States Code, is amended by adding after the
item relating to chapter 153 the following new item:
``154. Special habeas corpus procedures in capital cases...2261.''.....
TITLE VI--PREVENTION OF TERRORISM
SEC. 601. WILLFUL VIOLATION OF FEDERAL AVIATION
ADMINISTRATION REGULATIONS.
(a) In General.--Chapter 2 of title 18, United States Code,
as amended by section 60021(a) of the Violent Crime Control
and Safe Streets Act of 1968, is amended by adding at the end
the following new section:
``Sec. 38. Violations of Federal aviation security
regulations
``A person who willfully violates a security regulation
under part 107 or 108 of title 14, Code of Federal
Regulations (relating to airport and airline security) issued
pursuant to section 44901 or 44903 of title 49, United States
Code, or a successor part, shall be fined under this title,
imprisoned not more than 1 year, or both.''.
(b) Technical Amendment.--The chapter analysis for chapter
2 of title 18, United States Code, as amended by section
719(b), is amended by adding at the end the following new
item:
``38. Violations of Federal aviation security regulations.''.
SEC. 602. ASSAULTS, MURDERS, AND THREATS AGAINST FORMER
FEDERAL OFFICIALS IN PERFORMANCE OF OFFICIAL
DUTIES.
Section 115(a)(2) of title 18, United States Code, is
amended by inserting ``, or threatens to assault, kidnap, or
murder, any person who formerly served as a person designated
in paragraph (1), or'' after ``assaults, kidnaps, or murders,
or attempts to kidnap or murder''.
SEC. 603. WIRETAP AUTHORITY FOR ALIEN SMUGGLING AND RELATED
OFFENSES AND INCLUSION OF ALIEN SMUGGLING AS A
RICO PREDICATE.
(a) In General.--Section 2516(1) of title 18, United States
Code, is amended--
(1) in paragraph (c) by inserting after ``section 175
(relating to biological weapons),'' the following: ``or a
felony violation under section 1028 (relating to production
of false identification documentation), section 1542
(relating to false statements in passport applications),
section 1546 (relating to fraud and misuse of visas, permits,
and other documents),'';
(2) by redesignating paragraphs (m), (n), and (o) as
paragraphs (n), (o), and (p), respectively; and
(3) by inserting after paragraph (l) the following new
paragraph:
``(m) a violation of (i) section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324) (relating to alien
smuggling), (ii) section 277 of the Immigration and
Nationality Act (8 U.S.C. 1327) (relating to the smuggling of
aliens convicted of aggravated felonies or of aliens subject
to exclusion on grounds of national security), or (iii)
section 278 of the Immigration and Nationality Act (8 U.S.C.
1328) (relating to smuggling of aliens for the purpose of
prostitution);''.
(b) Definition of Racketeering.--Section 1961(1) of title
18, United States Code, is amended--
(1) by striking ``or'' before ``(E) any Act''; and
(2) by inserting after ``Currency and Foreign Transactions
Reporting Act'' the following: ``, or (F) any act (or
conspiracy to commit any act) which is indictable under
section 274(a) (1) of the Immigration and Nationality Act (8
U.S.C. 1324(a) (1)) (dealing with prohibitions on bringing in
and harboring certain aliens)''.
SEC. 604. AUTHORIZATION FOR INTERCEPTIONS OF COMMUNICATIONS
IN CERTAIN TERRORISM-RELATED OFFENSES.
Section 2516(1)(c) of title 18, United States Code, as
amended by section 703, is further amended--
(1) in subsection (c), by inserting before ``or section
1992 (relating to wrecking trains)'' the following: ``section
2332 (relating to terrorist acts abroad), section 2332a
(relating to weapons of mass destruction), section 2339A
(relating to providing material support to terrorists),
section 37 (relating to violence at airports),''; and
(2) by redesignating subparagraph (p) as subparagraph (q)
and adding the following new subparagraph (p):
``(p) any violation of section 956 or section 960 of title
18, United States Code (relating to certain actions against
foreign nations);''.
SEC. 605. PARTICIPATION OF FOREIGN AND STATE GOVERNMENT
PERSONNEL IN INTERCEPTIONS OF COMMUNICATIONS.
Section 2518(5) of title 18, United States Code, is amended
by inserting ``(including personnel of a foreign government
or of a State or subdivision of a State)'' after ``Government
personnel''.
SEC. 606. DISCLOSURE OF INTERCEPTED COMMUNICATIONS TO FOREIGN
LAW ENFORCEMENT AGENCIES.
Section 2510(7) of title 18, United States Code, is amended
by inserting before the semicolon the following: ``and, for
purposes of section 2517(1)-(2), any person authorized to
perform investigative, law enforcement, or prosecutorial
functions by a foreign government''.
SEC. 607. ALIEN TERRORIST REMOVAL.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
is amended by inserting the following new section:
``removal of alien terrorists
``Sec. 242C. (a) Definitions.--As used in this section--
``(1) the term `alien terrorist' means any alien described
in section 241(a)(4)(B);
``(2) the term `classified information' has the same
meaning as defined in section 1(a) of the Classified
Information Procedures Act (18 U.S.C. App. IV);
``(3) the term `national security' has the same meaning as
defined in section 1(b) of the Classified Information
Procedures Act (18 U.S.C. App. IV);
``(4) the term `special court' means the court described in
subsection (c) of this section; and
``(5) the `special removal hearing' means the hearing
described in subsection (e) of this section.
``(b) Application for Use of Procedures.--The provisions of
this section shall apply whenever the Attorney General
certifies under seal to the special court that--
``(1) the Attorney General or Deputy Attorney General has
approved of the proceeding under this section;
``(2) an alien terrorist is physically present in the
United States; and
``(3) removal of such alien terrorist by deportation
proceedings described in sections 242, 242A, or 242B would
pose a risk to the national security of the United States
because such proceedings would disclose classified
information.
``(c) Special Court.--(1) The Chief Justice of the United
States shall publicly designate up to 7 judges from up to 7
United States judicial districts to hear and decide cases
arising under this section, in a manner consistent with the
designation of judges described in section 103(a) of the
Foreign Intelligence Surveillance Act (50 U.S.C. 1803(a)).
``(2) The Chief Justice may, in the Chief Justice's
discretion, designate the same judges under this section as
are designated pursuant to section 1803(a) of title 50,
United States Code.
``(d) Invocation of Special Court Procedure.--(1) When the
Attorney General makes the application described in
subsection (b), a single judge of the special court shall
consider the application in camera and ex parte.
``(2) The judge shall invoke the procedures of subsection
(e), if the judge determines that there is probable cause to
believe that--
``(A) the alien who is the subject of the application has
been correctly identified;
``(B) a deportation proceeding described in section 242,
242A, or 242B would pose a risk to the national security of
the United States because such proceedings would disclose
classified information; and
``(C) the threat posed by the alien's physical presence is
immediate and involves the risk of death or serious bodily
harm.
``(e) Special Removal Hearing.--(1) Except as provided in
paragraph (4), the special removal hearing authorized by a
showing of probable cause described in subsection (d)(2)
shall be open to the public.
``(2) The alien shall have a right to be present at such
hearing and to be represented by counsel. Any alien
financially unable to obtain counsel shall be entitled to
have counsel assigned to represent such alien. Counsel may be
appointed as described in section 3006A of title 18, United
States Code.
``(3) The alien shall have a right to introduce evidence on
his own behalf, and except as provided in paragraph (4),
shall have a right to cross-examine any witness or request
that the judge issue a subpoena for the presence of a named
witness.
``(4) The judge shall authorize the introduction in camera
and ex parte of any item of evidence for which the judge
determines that public disclosure would pose a risk to the
national security of the United States because it would
disclose classified information.
``(5) With respect to any evidence described in paragraph
(4), the judge shall cause to be delivered to the alien
either--
``(A)(i) the substitution for such evidence of a statement
admitting relevant facts that the specific evidence would
tend to prove, or (ii) the substitution for such evidence of
a summary of the specific evidence; or
``(B) if disclosure of even the substituted evidence
described in subparagraph (A)
[[Page S88]] would create a substantial risk of death or
serious bodily harm to any person, a statement informing the
alien that no such summary is possible.
``(6) If the judge determines--
``(A) that the substituted evidence described in paragraph
(4)(B) will provide the alien with substantially the same
ability to make his defense as would disclosure of the
specific evidence, or
``(B) that disclosure of even the substituted evidence
described in paragraph (5)(A) would create a substantial risk
of death or serious bodily harm to any person,
then the determination of deportation (described in
subsection (f)) may be made pursuant to this section.
``(f) Determination of Deportation.--(1) If the
determination in subsection (e)(6)(A) has been made, the
judge shall, considering the evidence on the record as a
whole, require that the alien be deported if the Attorney
General proves, by clear and convincing evidence, that the
alien is subject to deportation because he is an alien as
described in section 241(a)(4)(B).
``(2) If the determination in subsection (e)(6)(B) has been
made, the judge shall, considering the evidence received (in
camera and otherwise), require that the alien be deported if
the Attorney General proves, by clear, convincing, and
unequivocal evidence, that the alien is subject to
deportation because he is an alien as described in section
241(a)(4)(B).
``(g) Appeals.--(1) The alien may appeal a determination
under subsection (f) to the court of appeals for the Federal
Circuit, by filing a notice of appeal with such court within
20 days of the determination under such subsection.
``(2) The Attorney General may appeal a determination under
subsection (d), (e), or (f) to the court of appeals for the
Federal Circuit, by filing a notice of appeal with such court
within 20 days of the determination under any one of such
subsections.
``(3) When requested by the Attorney General, the entire
record of the proceeding under this section shall be
transmitted to the court of appeals under seal. The court of
appeals shall consider such appeal in camera and ex parte.''.
SEC. 608. TERRITORIAL SEA.
(a) Territorial Sea Extending to Twelve Miles Included in
Special Maritime and Territorial Jurisdiction.--The Congress
declares that all the territorial sea of the United States,
as defined by Presidential Proclamation 5928 of December 27,
1988, is part of the United States, subject to its
sovereignty, and, for purposes of Federal criminal
jurisdiction, is within the special maritime and territorial
jurisdiction of the United States wherever that term is used
in title 18, United States Code.
(b) Assimilated Crimes in Extended Territorial Sea.--
Section 13 of title 18, United States Code (relating to the
adoption of State laws for areas within Federal
jurisdiction), is amended--
(1) in subsection (a), by inserting after ``title'' the
following: ``or on, above, or below any portion of the
territorial sea of the United States not within the territory
of any State, Territory, Possession, or District''; and
(2) by adding at the end the following new subsection:
``(c) Whenever any waters of the territorial sea of the
United States lie outside the territory of any State,
Territory, Possession, or District, such waters (including
the airspace above and the seabed and subsoil below, and
artificial islands and fixed structures erected thereon)
shall be deemed for purposes of subsection (a) to lie within
the area of that State, Territory, Possession, or District it
would lie within if the boundaries of such State, Territory,
Possession, or District were extended seaward to the outer
limit of the territorial sea of the United States.''.
SEC. 609. CLARIFICATION AND EXTENSION OF CRIMINAL
JURISDICTION OVER CERTAIN TERRORISM OFFENSES
OVERSEAS.
(a) Section 46502(b) of title 49, United States Code is
amended--
(1) in paragraph (b)(1), by striking ``, and later found in
the United States'';
(2) by amending paragraph (b)(2) to read as follows:
``(2) The courts of the United States shall have
jurisdiction over the offense in paragraph (1) if--
``(A) a national of the United States was aboard the
aircraft at the time of the offense;
``(B) an offender is a national of the United States; or
``(C) an offender is later found in the United States.'';
and
(3) by adding at the end the following new paragraph:
``(3) For purposes of this subsection, the term `national
of the United States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''.
(b) Section 32(b) of title 18, United States Code, is
amended--
(1) by striking ``, if the offender is later found in the
United States,''; and
(2) by adding at the end the following new paragraphs:
``(5) The courts of the United States shall have
jurisdiction over an offense in this subsection if--
``(A) a national of the United States was on board, or
would have been on board, the aircraft at the time of the
offense;
``(B) an offender is a national of the United States; or
``(C) an offender is afterwards found in the United States.
``(6) For purposes of this subsection, the term `national
of the United States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a) (22)).''.
(c) Section 1116 of title 18, United States Code, is
amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(7) `national of the United States' has the meaning
prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''; and
(2) in subsection (c), by striking the first sentence and
inserting the following:
``If the victim of an offense under subsection (a) is an
internationally protected person outside the United States,
the United States may exercise jurisdiction over the offense
if (1) the victim is a representative, officer, employee, or
agent of the United States, (2) an offender is a national of
the United States, or (3) an offender is afterwards found in
the United States.''.
(d) Section 112 of title 18, United States Code, is
amended--
(1) in subsection (c), by inserting ``, `national of the
United States,''' before ``and''; and
(2) in subsection (e), by striking the first sentence and
inserting the following:
``If the victim of an offense under subsection (a) is an
internationally protected person outside the United States,
the United States may exercise jurisdiction over the offense
if (1) the victim is a representative, officer, employee, or
agent of the United States, (2) an offender is a national of
the United States, or (3) an offender is afterwards found in
the United States.''.
(e) Section 878 of title 18, United States Code, is
amended--
(1) in subsection (c), by inserting ``, `national of the
United States,''' before ``and''; and
(2) in subsection (d), by striking the first sentence and
inserting the following:
``If the victim of an offense under subsection (a) is an
internationally protected person outside the United States,
the United States may exercise jurisdiction over the offense
if (1) the victim is a representative, officer, employee, or
agent of the United States, (2) an offender is a national of
the United States, or (3) an offender is afterwards found in
the United States.''.
(f) Section 1201(e) of title 18, United States Code, is
amended--
(1) by striking the first sentence and inserting the
following:
``If the victim of an offense under subsection (a) is an
internationally protected person outside the United States,
the United States may exercise jurisdiction over the offense
if (1) the victim is a representative, officer, employee, or
agent of the United States, (2) an offender is a national of
the United States, or (3) an offender is afterwards found in
the United States.''; and
(2) by adding at the end the following:
``For purposes of this subsection, the term `national of
the United States' has the meaning prescribed in section
101(a) (22) of the Immigration and .`Nationality Act (8
U.S.C. 1101(a) (22)).''.
(g) Section 37(b)(2) of title 18, United States Code, is
amended--
(1) by inserting ``(A)'' before ``the offender is later
found in the States''; and
(2) by inserting ``or (B) an offender or a victim is a
national of the United States (as defined in section
101(a)(22) of the Immigration and Nationality Act, 8 U.S.C.
1101(a)(22))'' after ``the offender is later found in the
United States''.
(h) Section 831(c)(2) of title 18, United States Code, is
amended by striking ``the defendant is a national of the
United States, as defined'' and inserting ``an offender or a
victim is a national of the United States, as defined''.
(i) Section 175(a) of title 18, United States Code, is
amended by inserting ``(as defined in section 101(a)(22) of
the Immigration and Nationality Act, 8 U.S.C. 1101(a)(22))''
after ``national of the United States''.
SEC. 610. FEDERAL AVIATION ADMINISTRATION REPORTING
RESPONSIBILITY.
(a) In General.--Chapter 449 of title 49, United States
Code, is amended by inserting after section 44901 the
following new section:
``Sec. 44901A. Discoveries of controlled substances or cash
in excess of $10,000
``Not later than 90 days after the date of the enactment of
this section, the Administrator shall issue regulations
requiring employees and agents referred to in subsection (a)
to report to appropriate Federal and State law enforcement
officers any incident in which the employee or agent, in the
course of conducting screening procedures pursuant to
subsection (a), discovers a controlled substance the
possession of which may be a violation of Federal or State
law, or any sizable sums of cash in excess of $10,000 the
possession of which may be a violation of Federal or State
law.''.
(b) Technical Amendment.--The analysis for chapter 449 of
title 49, United States Code, is amended by inserting after
the item relating to section 44901 the following new item:
``44901A. Discoveries of controlled substances or cash in excess of
$10,000.''.
SEC. 611. INFORMATION TRANSFER.
Section 245A(c)(5)(C) of the Immigration and Nationality
Act (8 U.S.C. 1255a(c)(5)(C))
[[Page S89]] is amended by striking ``except that the
Attorney General'' and all that follows through ``section 8
of title 13, United States Code.'' and inserting ``except
that the Attorney General--
``(i) may authorize an application to a Federal court of
competent jurisdiction for, and a judge of such court may
grant, an order authorizing disclosure of information
contained in the application of the alien (as a result of an
investigation of the alien by an investigative officer or law
enforcement officer) that is necessary to locate and identify
the alien if--
``(I) such disclosure may result in the discovery of
information leading the location and identity of the alien;
and
``(II) such disclosure (and the information discovered as a
result of such disclosure) will be used only for criminal law
enforcement purposes as against the alien whose file is being
accessed;
``(ii) may furnish information under this section with
respect to an alien to an official coroner (upon the written
request of the coroner) for the purposes of permitting the
coroner to identify a deceased individual; and
``(iii) may provide, in the Attorney General's discretion,
for the furnishing of information furnished under this
section in the same manner and circumstances as census
information may be disclosed to the Secretary of Commerce
under section 8 of title 13, United States Code.''.
SEC. 612. EXTRADITION.
(a) Scope.--Section 3181 of title 18, United States Code,
is amended--
(1) by inserting ``(a)'' before ``The provisions of this
chapter''; and
(2) by adding at the end the following new subsections:
``(b) The provisions of this chapter shall be construed to
permit, in the exercise of comity, the surrender of persons,
other than citizens, nationals, or permanent residents of the
United States, who have committed crimes of violence against
nationals of the United States in foreign countries without
regard to the existence of any treaty of extradition with
such foreign government if the Attorney General certifies, in
writing, that--
``(1) evidence has been presented by the foreign government
that indicates that had the offenses been committed in the
United States, they would constitute crimes of violence as
defined under section 16 of this title; and
``(2) the offenses charged are not of a political nature.
``(c) As used in this section, the term `national of the
United States' has the meaning stated in section 101(a)(22)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''.
(b) Fugitives.--Section 3184 of title 18, United States
Code, is amended--
(1) in the first sentence by inserting after ``United
States and any foreign government,'' the following: ``or in
cases arising under section 3181(b),'';
(2) in the first sentence by inserting after ``treaty or
convention,'' the following: ``or provided for under section
3181(b),''; and
(3) in the third sentence by inserting after ``treaty or
convention,'' the following: ``or under section 3181(b),''.
SEC. 613. FEDERAL BUREAU OF INVESTIGATION REPORT.
Not later than January 31, 1997, the Director of the
Director of the Federal Bureau of Investigations shall report
to Congress on the effectiveness of section 2339A of title
18, United States Code (as added by section 120005(a) of the
Violent Crime Control and Law Enforcement Act of 1994). The
report shall include any recommendations of the Director for
changes in existing law that are needed to improve the
effectiveness of such section.
SEC. 614. INCREASED PENALTIES FOR TERRORISM CRIMES.
(a) Title 18, United States Code, is amended--
(1) in section 114, by striking ``maim or disfigure'' and
inserting ``torture, maim, or disfigure''; and
(2) in section 371, by striking ``$10,000 or imprisoned not
more than five years'' and inserting ``$10,000 in excess of
the monetary gain from the conspiracy, or imprisoned not more
than twenty years'';
(3) in section 755--
(A) by striking ``$2,000'' and inserting ``$5,000'';
(B) by striking ``two years'' and inserting ``five years'';
and
(C) by striking ``$500'' and inserting ``$1,000'';
(4) in section 756, by striking ``$1,000 or imprisoned not
more than one year'' and inserting ``$5,000 or imprisoned not
more than five years'';
(5) in section 878(a), by striking ``by killing,
kidnapping, or assaulting a foreign official, official guest,
or internationally protected person'';
(6) in section 1113, by striking ``three years or fined''
and inserting ``seven years'';
(7) in section 1114, by inserting ``any member of the
United States Armed Forces who is engaged in noncombat
related official activities,'' after ``such marshal or deputy
marshal'';
(8) in section 1116(a), by inserting ``or to death,'' after
``imprisonment for life,''; and
(9) in section 2332(c), by striking ``five'' and inserting
``ten''.
(b) Section 1472(l)(1) of title 49 App., United States Code
is amended by striking ``one'' and inserting ``ten''.
SEC. 615. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED
STATES BY PERSONS ACCOMPANYING THE ARMED
FORCES.
(a) Title 18, United States Code, is amended by inserting
after chapter 211 the following:
``CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES
``Sec. 3261. Criminal offenses committed by persons formerly
serving with, or presently employed by or accompanying, the
Armed Forces outside the United States
``(a) Whoever, while serving with, employed by, or
accompanying the Armed Forces outside the United States,
engages in conduct which would constitute an offense
punishable by imprisonment for more than one year if the
conduct had been engaged in within the special maritime and
territorial jurisdiction of the United States, shall be
guilty of a like offense and subject to a like punishment.
``(b) Nothing contained in this chapter deprives courts-
martial, military commissions, provost courts, or other
military tribunals of concurrent jurisdiction with respect of
offenders or offenses that by statute or by the law of war
may be tried by courts-martial, military commissions, provost
courts, or other military tribunals.
``(c) No prosecution may be commenced under this section if
a foreign government, in accordance with jurisdiction
recognized by the United States, has prosecuted or is
prosecuting such person for the conduct constituting such
offense, except upon the approval of the Attorney General of
the United States or the Deputy Attorney General of the
United States (or a person acting in either such capacity),
which function of approval may not be delegated.
``(d)(1) The Secretary of Defense may designate and
authorize any person serving in a law enforcement position in
the Department of Defense to arrest outside the United States
any person described in subsection (a) of this section who
there is probable cause to believe engaged in conduct which
constitutes a criminal offense under such section.
``(2) A person arrested under paragraph (1) of this section
shall be released to the custody of civilian law enforcement
authorities of the United States for removal to the United
States for judicial proceedings in relation to conduct
referred to in such paragraph unless--
``(A) such person is delivered to authorities of a foreign
country under section 3262 of this title; or
``(B) such person has had charges preferred against him
under chapter 47 of title 10 for such conduct.
``Sec. 3262. Delivery to authorities of foreign countries
``(a) Any person designated and authorized under section
3261(d) of this title may deliver a person described in
section 3261(a) of this title to the appropriate authorities
of a foreign country in which such person is alleged to have
engaged in conduct described in such subsection (a) of this
section if--
``(1) the appropriate authorities of that country request
the delivery of the person to such country for trial for such
conduct as an offense under the laws of that country; and
``(2) the delivery of such person to that country is
authorized by a treaty or other international agreement to
which the United States is a party.
``(b) The Secretary of Defense shall determine what
officials of a foreign country constitute appropriate
authorities for the purpose of this section.
``Sec. 3263. Regulations
``The Secretary of Defense shall issue regulations
governing the apprehension, detention, and removal of persons
under this chapter. Such regulations shall be uniform
throughout the Department of Defense.
``Sec. 3264. Definitions for chapter
``As used in this chapter--
``(1) a person is `employed by the armed forces outside the
United States' if he or she is employed as a civilian
employee of a military department, as a Department of Defense
contractor, or as an employee of a Department of Defense
contractor, is present or residing outside the United States
in connection with such employment, and is not a national of
the host nation.
``(2) a person is `accompanying the armed forces outside
the United States' if he or she is a dependent of a member of
the armed forces and is residing with the member outside the
United States.''.
(b) The table of chapters at the beginning of part II of
title 18, United States Code, is amended by inserting after
the item relating to chapter 211 the following:
``212. Criminal Offenses Committed Outside the United States3261''.....
TITLE VII--MISCELLANEOUS AND TECHNICAL PROVISIONS
Subtitle A--Elimination of Certain Programs
SEC. 701. ELIMINATION OF INEFFECTIVE PROGRAMS.
Subtitles A through S and subtitles U and X of title III,
title V, and title XXVII of the Violent Crime Control and Law
Enforcement Act of 1994, and the amendments made thereby, are
repealed.
Subtitle B--Amendments Relating to Violent Crime Control
SEC. 711. VIOLENT CRIME AND DRUG EMERGENCY AREAS REPEAL.
Section 90107 of the Violent Crime Control and Law
Enforcement Act of 1994 is repealed.
[[Page S90]] SEC. 712. EXPANSION OF 18 U.S.C. 1959 TO COVER
COMMISSION OF ALL VIOLENT CRIMES IN AID OF
RACKETEERING ACTIVITY AND INCREASED PENALTIES.
Section 1959(a) of title 18, United States Code, is
amended--
(1) by inserting ``or commits any other crime of violence''
before ``or threatens to commit a crime of violence
against'';
(2) in paragraph (4) by inserting ``committing any other
crime of violence or for'' before ``threatening to commit a
crime of violence'', and by striking ``five'' and inserting
``ten'';
(3) in paragraph (5) by striking ``ten'' and inserting
``twenty'';
(4) in paragraph (6) by striking ``or'' before ``assault
resulting in serious bodily injury,'', by inserting ``or any
other crime of violence'' after those same words, and by
striking ``three'' and inserting ``ten''; and
(5) by inserting ``(as defined in section 1365 of this
title)'' after ``serious bodily injury'' the first place it
appears.
SEC. 713. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.
(a) Chapter 33 of title 28, United States Code, is amended
by adding after section 537 the following new section:
``Sec. 538. Investigation of serial killings
``The Attorney General and the Federal Bureau of
Investigation may investigate serial killings in violation of
the laws of a State or political subdivision, when such
investigation is requested by the head of a law enforcement
agency with investigative or prosecutive jurisdiction over
the offense. For purposes of this section--
``(1) the term `serial killings' means a series of three or
more killings, at least one of which was committed within the
United States, having common characteristics such as to
suggest the reasonable possibility that the crimes were
committed by the same actor or actors;
``(2) `killing' means conduct that would constitute an
offense under section 1111 of title 18, United States Code,
if Federal jurisdiction existed;
``(3) and section 540, `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(b) The table of contents for chapter 33 of title 28,
United States Code, is amended by inserting after the item
for section 537 the following:
``538. Investigation of serial killings.''.
SEC. 714. FIREARMS AND EXPLOSIVES CONSPIRACY.
(a) Section 924 of title 18, United States Codes, is
amended by adding at the end the following new subsection:
``(o) Except as otherwise provided in this section, a
person who conspires to commit any offense defined in this
chapter shall be subject to the same penalties (other than
the penalty of death) as those prescribed for the offense the
commission of which was the object of the conspiracy.''.
(b) Section 844 of title 18, United States Code, is amended
by adding at the end the following new subsection:
``(n) Except as otherwise provided in this section, a
person who conspires to commit any offense defined in this
chapter shall be subject to the same penalties (other than
the penalty of death) as those prescribed for the offense the
commission of which was the object of the conspiracy.''.
SEC. 715. INCREASED PENALTIES FOR VIOLENCE IN THE COURSE OF
RIOT OFFENSES.
Section 2101(a) of title 18, United States Code, is amended
by striking ``Shall be fined under this title, or imprisoned
not more than five years, or both'' and inserting ``Shall be
fined under this title or (i) if death results from such act,
be imprisoned for any term of years or for life, or both;
(ii) if serious bodily injury (as defined in section 1365 of
this title) results from such act, be imprisoned for not more
than twenty years, or both; or (iii) in any other case, be
imprisoned for not more than five years, or both''.
SEC. 716. PRETRIAL DETENTION FOR POSSESSION OF FIREARMS OR
EXPLOSIVES BY CONVICTED FELONS.
Section 3156(a)(4) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; or''; and
(3) by adding after subparagraph (C) the following new
subparagraph:
``(D) an offense that is a violation of section 842(i) or
922(g) of this title (relating to possession of explosives or
firearms by convicted felons).''.
SEC. 717. ELIMINATION OF UNJUSTIFIED SCIENTER ELEMENT FOR
CARJACKING.
Section 2119 of title 18, United States Code, is amended by
striking ``, with the intent to cause death or serious bodily
harm''.
SEC. 718. THEFT OF VESSELS.
(a) Section 2311 of title 18, United States Code, is
amended by adding at the end the following:
`` `Vessel' means any watercraft or other contrivance used
or designed for transportation or navigation on, under, or
immediately above, water.'';
(b) Sections 2312 and 2313 of title 18, United States Code,
are each amended by striking ``motor vehicle or aircraft''
and inserting ``motor vehicle, vessel, or aircraft''.
SEC. 719. CLARIFICATION OF AGREEMENT REQUIREMENT FOR RICO
CONSPIRACY.
Section 1962(d) of title 18, United States Code, is amended
by adding at the end ``For purposes of this subsection, it is
not necessary to establish that the defendant agreed
personally to commit any acts of racketeering activity.''
SEC. 720. ADDITION OF ATTEMPT COVERAGE FOR INTERSTATE
DOMESTIC VIOLENCE OFFENSE.
Section 2261(a) of title 18, United States Code, is
amended--
(1) in subsection (a)(1) by inserting ``or attempts to do
so,'' after ``thereby causes bodily injury to such spouse or
intimate partner,''; and
(2) in subsection (a)(2) by inserting ``or attempts to do
so,'' after ``thereby causes bodily injury to the person's
spouse or intimate partner,''.
SEC. 721. ADDITION OF FOREIGN MURDER AS A MONEY LAUNDERING
PREDICATE.
Section 1956(c)(7)(B)(ii) of title 18, United States Code,
is amended by inserting ``murder,'' before ``kidnapping''.
SEC. 722. ASSAULTS OR OTHER CRIMES OF VIOLENCE FOR HIRE.
Section 1958(a) of title 18, United States Code, is amended
by inserting ``or other felony crime of violence against the
person'' after ``murder''.
SEC. 723. THREATENING TO USE A WEAPON OF MASS DESTRUCTION.
Section 2332a(a) of title 18, United States Code, is
amended by inserting ``or threatens'' before ``or attempts or
conspires to use, a weapon of mass destruction''.
SEC. 724. TECHNICAL AMENDMENTS.
Section 60002 of the Violent Crime Control and Law
Enforcement Act of 1994 is amended--
(1) by striking the words ``pursuant to this chapter'' in
section 3596 of title 18; and
(2) by striking section 3597(a) of title 18 and replacing
it with:
``(a) In General.--A United States marshal charged with
supervising the implementation of a sentence of death shall
use appropriate Federal facilities for the purpose.''.
Subtitle C--Amendments Relating to Courts and Sentencing
SEC. 731. ALLOWING A REDUCTION OF SENTENCE FOR PROVIDING
USEFUL INVESTIGATIVE INFORMATION ALTHOUGH NOT
REGARDING A PARTICULAR INDIVIDUAL.
Section 3553(e) of title 18, United States Code, section
994(n) of title 28, United States Code, and Rule 35(b) of the
Federal Rules of Criminal Procedure are each amended by
striking ``substantial assistance in the investigation or
prosecution of another person who has committed an offense''
and inserting ``substantial assistance in an investigation of
any offense or the prosecution of another person who has
committed an offense''.
SEC. 732. APPEALS FROM CERTAIN DISMISSALS.
Section 3731 of title 18, United States Code, is amended by
inserting ``or any part thereof'' after ``as to any one or
more counts''.
SEC. 733. ELIMINATION OF OUTMODED CERTIFICATION REQUIREMENT
FROM THE GOVERNMENT APPEAL STATUTE.
Section 3731 of title 18, United States Code, is amended in
the second paragraph by striking ``, if the United States
attorney certifies to the district court that the appeal is
not taken for purpose of delay and that the evidence is a
substantial proof of a fact material in the proceeding''.
SEC. 734. CLARIFICATION OF MEANING OF OFFICIAL DETENTION FOR
PURPOSES OF CREDIT FOR PRIOR CUSTODY.
Section 3585(b) of title 18, United States Code, is amended
by adding at the end: ``For purposes of this subsection,
`official detention' does not include detention at a
community-based treatment or correctional facility.''.
SEC. 735. LIMITATION ON REDUCTION OF SENTENCE FOR SUBSTANTIAL
ASSISTANCE OF DEFENDANT.
(a) Section 994(n) of title 18, United States Code, is
amended by adding the following at the end thereof: ``The
power to reduce a sentence under this section authorizes a
court to impose a sentence that is below a level established
by statute as a minimum sentence only on motion of the
government specifically seeking reduction below such
level.''.
(b) Rule 35(b) of the Federal Rules of Criminal Procedure
is amended by adding ``only if the motion of the government
specifically seeks reduction below such level'' after
``minimum sentence''.
SEC. 736. IMPROVEMENT OF HATE CRIMES SENTENCING PROCEDURE.
Section 280003(b) of Public Law 103-322 is amended by
striking ``the finder of fact at trial'' and inserting ``the
court at sentencing''.
SEC. 737. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS
IN CONTROLLED SUBSTANCE CASES.
Sections 401(b)(1) (A), (B), (C), and (D) of the Controlled
Substances Act (21 U.S.C. 841(b)(1) (A), (B), (C), and (D))
are each amended by striking ``Any sentence'' and inserting
``Notwithstanding section 3583 of title 18, any sentence''.
SEC. 738. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF
PROBATION OR SUPERVISED RELEASE WHEN REDUCING A
SENTENCE OF IMPRISONMENT IN CERTAIN CASES.
Section 3582(c)(1)(A) of title 18, United States Code, is
amended by inserting ``(and may impose a sentence of
probation or supervised release with or without conditions)''
after ``may reduce the term of imprisonment''.
[[Page S91]] SEC. 739. EXTENSION OF PAROLE COMMISSION TO DEAL
WITH ``OLD LAW'' PRISONERS.
For the purposes of section 235(b) of Public Law 98-473 as
it relates to chapter 311 of title 18, United States Code,
and the United States Parole Commission, each reference in
such section to ``ten years'' or a ``ten-year period'' shall
be deemed a reference to ``fifteen years'' or a ``fifteen-
year period'', respectively. Notwithstanding the provisions
of section 4203 of title 18, United States Code, the United
States Parole Commission is authorized to perform its
functions with any quorum of Commissioners, or Commissioner,
currently holding office, as the Commission may prescribe by
regulation.
SEC. 740. CONFORMING AMENDMENTS RELATING TO SUPERVISED
RELEASE.
(a) Sections 1512(a)(1)(C), 1512(b)(3), 1512(c)(2), 1513
(a)(1)(B), and 1513 (b)(2) are each amended by striking
``violation of conditions of probation, parole or release
pending judicial proceedings'' and inserting ``violation of
conditions of probation, supervised release, parole, or
release pending judicial proceedings''.
(b) Section 3142 of title 18, United States Code, is
amended--
(1) in subsection (d)(1), by inserting ``, supervised
release,'' after ``probation''; and
(2) in subsection (g)(3), by inserting ``or supervised
release'' after ``probation''.
SEC. 741. REPEAL OF OUTMODED PROVISIONS BARRING FEDERAL
PROSECUTION OF CERTAIN OFFENSES.
(a) Sections 659 and 2117 of title 18, United States Code,
are each amended by striking the first sentence of the last
undesignated paragraph;
(b) Sections 660 and 1992 of title 18, United States Code,
are each amended by striking the last undesignated paragraph;
(c) Section 2101 of title 18, United States Code, is
amended by striking subsection (c) and by redesignating
subsections (d), (e), and (f) as subsections (c), (d), and
(e), respectively;
(d) Section 80a-36 of title 15, United States Code, is
amended by striking the last sentence;
(e) Section 1282 of title 15, United States Code, is
repealed.
Subtitle D--Miscellaneous Amendments
SEC. 751. CONFORMING ADDITION TO OBSTRUCTION OF CIVIL
INVESTIGATIVE DEMAND STATUTE.
Section 1505 of title 18, United States Code, is amended by
inserting ``section 1968 of this title or'' before ``the
Antitrust Civil Process Act''.
SEC. 752. ADDITION OF ATTEMPTED THEFT AND COUNTERFEITING
OFFENSES TO ELIMINATE GAPS AND INCONSISTENCIES
IN COVERAGE.
(a)(1) Section 153 of title 18, United States Code, is
amended by inserting ``, or attempts so to appropriate,
embezzle, spend or transfer,'' before ``any property''.
(2) Section 641 of title 18, United States Code, is amended
by striking ``or'' at the end of the first paragraph and by
inserting after such paragraph the following: ``Whoever
attempts to commit an offense described in the preceding
paragraph; or''.
(3) Section 655 of title 18, United States Code, is amended
by inserting ``or attempts to steal or so take,'' after
``unlawfully takes,''.
(4) Sections 656 and 657 of title 18, United States Code,
are each amended--
(A) by inserting ``, or attempts to embezzle, abstract,
purloin, or willfully misapply,'' after ``willfully
misapplies''; and
(B) by inserting ``or attempted to be embezzled,
abstracted, purloined, or misapplied'' after ``misapplied''.
(5) Section 658 of title 18, United States Code, is amended
by inserting ``or attempts so to remove, dispose of, or
convert,'' before ``any property''.
(6) Section 659 of title 18, United States Code, is
amended--
(A) in the first and third paragraphs by inserting ``or
attempts to embezzle, steal, or so take or carry away,''
after ``carries away,''; and
(B) in the fourth paragraph by inserting ``or attempts to
embezzle, steal, or so take,'' before ``from any railroad
car''.
(7) Section 661 of title 18, United States Code, is
amended--
(A) by inserting ``or attempts so to take and carry away,''
before ``any personal property''; and
(B) by inserting ``or attempted to be taken'' after
``taken'' each place it appears;
(8) Section 664 of title 18, United States Code, is amended
by inserting ``or attempts to embezzle, steal, or so abstract
or convert,'' before ``any of the moneys''.
(9) Section 665(a) of title 18, United States Code, is
amended--
(A) by inserting ``, or attempts to embezzle, so misapply,
steal, or obtain by fraud,'' before ``any of the moneys'';
and
(B) by inserting ``or attempted to be embezzled,
misapplied, stolen, or obtained by fraud'' after ``obtained
by fraud''.
(10) Section 666(a)(1)(A) of title 18, United States Code,
is amended by inserting ``or attempts to embezzle, steal,
obtain by fraud, or so convert or misapply,'' before
``property''.
(11) Section 1025 of title 18, United States Code, is
amended--
(A) by inserting ``or attempts to obtain'' after
``obtains''; and
(B) by inserting ``or attempted to be obtained'' after
``obtained''.
(12) Section 1163 of title 18, United States Code, is
amended by inserting ``attempts so to embezzle, steal,
convert, or misapply,'' after ``willfully misapplies,''.
(13) Sections 1167 (a) and (b) of title 18, United States
Code, are each amended by inserting ``or attempts so to
abstract, purloin, misapply, or take and carry away,'' before
``any money''.
(14) Sections 1168 (a) and (b) of title 18, United States
Code, are each amended by inserting ``or attempts so to
embezzle, abstract, purloin, misapply, or take and carry
away,'' before ``any moneys,''.
(15) Section 1707 of title 18, United States Code, is
amended by inserting ``, or attempts to steal, purloin, or
embezzle,'' before ``any property'' and by inserting ``or
attempts to appropriate'' after ``appropriates''.
(16) Section 1708 of title 18, United States Code, is
amended in the second paragraph by inserting ``or attempts to
steal, take, or abstract,'' after ``abstracts,'' and by
inserting ``, or attempts so to obtain,'' after ``obtains''.
(17) Section 1709 of title 18, United States Code is
amended--
(A) by inserting ``or attempts to embezzle'' after
``embezzles''; and
(B) by inserting ``, or attempts to steal, abstract, or
remove,'' after ``removes''.
(18) Section 2113(b) of title 18, United States Code, is
amended by inserting ``or attempts so to take and carry
away,'' before ``any property'' each place it appears.
(b)(1) Section 477 of title 18, United States Code, is
amended by inserting ``, or attempts so to sell, give, or
deliver,'' before ``any such imprint''.
(2) Section 479 of title 18, United States Code, is amended
by inserting ``or attempts to utter or pass,'' after
``passes,''.
(3) Section 490 of title 18, United States Code, is amended
by inserting ``attempts to pass, utter, or sell,'' before
``or possesses''.
(4) Section 513(a) of title 18, United States Code, is
amended by inserting ``or attempts to utter,'' after
``utters''.
SEC. 753. CLARIFICATION OF SCIENTER REQUIREMENT FOR RECEIVING
PROPERTY STOLEN FROM AN INDIAN TRIBAL
ORGANIZATION.
Section 1163 of title 18, United States Code, is amended in
the second paragraph by striking ``so''.
SEC. 754. LARCENY INVOLVING POST OFFICE BOXES AND POSTAL
STAMP VENDING MACHINES.
Section 2115 of title 18, United States Code, is amended--
(1) by striking ``or'' before ``any building'';
(2) by inserting ``or any post office box or postal stamp
vending machine within such a building,'' after ``used in
whole or in part as a post office,''; and
(3) by inserting ``or in such box or machine,'' after ``so
used''.
SEC. 755. CONFORMING AMENDMENT TO LAW PUNISHING OBSTRUCTION
OF JUSTICE BY NOTIFICATION OF EXISTENCE OF A
SUBPOENA FOR RECORDS IN CERTAIN TYPES OF
INVESTIGATIONS.
Section 1510(b)(3)(B) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of subparagraph (i);
(2) by striking the period and inserting ``; or'' at the
end of subparagraph (ii); and
(3) by adding the following new subparagraph:
``(iii) the Controlled Substances Act, the Controlled
Substances Import and Export Act, or section 60501 of the
Internal Revenue Code of 1986.''.
SEC. 756. CLOSING LOOPHOLE IN OFFENSE OF ALTERING OR REMOVING
MOTOR VEHICLE IDENTIFICATION NUMBERS.
Section 511(c)(1) of title 18, United States Code, is
amended --
(1) by inserting ``(i)'' after ``for purposes of
identification''; and
(2) by inserting before the semicolon ``or
``(ii) which can be correlated to a particular motor
vehicle or part''.
SEC. 757. APPLICATION OF VARIOUS OFFENSES TO POSSESSIONS AND
TERRITORIES.
(a) Sections 241 and 242 of title 18, United States Code,
are each amended by striking ``any State, Territory, or
District'' and inserting ``any State, Territory,
Commonwealth, Possession, or District''.
(b) Sections 793(h)(1) and 794(d)(1) of title 18, United
States Code, are each amended by adding at the end the
following: ``For the purposes of this subsection, the term
`State' includes a State of the United States, the District
of Columbia, and any commonwealth, territory, or possession
of the United States.''.
(c) Section 925(a)(5) of title 18, United States Code, is
amended by striking ``For the purpose of paragraphs (3) and
(4)'' and inserting ``For the purpose of paragraph (3)''.
(d) Sections 1014 and 2113(g) of title 18, United States
Code, are each amended by adding at the end the following:
``The term `State-chartered credit union' includes a credit
union chartered under the laws of a State of the United
States, the District of Columbia, or any commonwealth,
territory, or possession of the United States.''.
(e) Section 1073 of title 18, United States Code, is
amended by adding at the end of the first paragraph the
following: ``For the purposes of clause (3) of this
paragraph, the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
[[Page S92]] (f) Section 1715 of title 18, United States
Code, is amended by striking ``State, Territory, or
District'' each place those words appear and inserting
``State, Territory, Commonwealth, Possession, or District''.
(g) Section 1716 of title 18, United States Code, is
amended--
(1) in subsection (g)(2) by striking ``State, Territory, or
the District of Columbia'' and inserting ``State'';
(2) in subsection (g)(3) by striking ``the municipal
government of the District of Columbia or of the government
of any State or territory, or any county, city or other
political subdivision of a State'' and inserting ``any State,
or any political subdivision of a State''; and
(3) by inserting a new subsection (j), as follows:
``(j) For purposes of this section, the term `State'
includes a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of
the United States.''.
(h) Section 1761 of title 18, United States Code, is
amended by adding at the end a new subsection, as follows:
``(d) For the purposes of this section, the term `State'
means a State of the United States and any commonwealth,
territory, or possession of the United States.''.
(i) Section 3156(a) of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period and inserting ``; and'' at the
end of paragraph (4); and
(3) by adding a new paragraph (5), as follows:
``(5) the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(j) Section 102(26) of the Controlled Substances Act (21
U.S.C. 802(26)) is amended to read as follows:
``(26) the term `State' means a State of the United States,
the District of Columbia and any commonwealth, territory, or
possession of the United States.''.
(k) Section 1121 of title 18, United States Code, is
amended by inserting at the end a new subsection (c) as
follows:
``(c) For the purposes of this section, the term `State'
means a State of the United States, the District of Columbia,
and any commonwealth, territory, or possession of the United
States.''.
(l) Section 228(d)(2) of title 18, United States Code, is
amended by inserting ``commonwealth,'' before ``possession or
territory of the United States''.
SEC. 758. ADJUSTING AND MAKING UNIFORM THE DOLLAR AMOUNTS
USED IN TITLE 18 TO DISTINGUISH BETWEEN GRADES
OF OFFENSES.
(a) Sections 215, 288, 641, 643, 644, 645, 646, 647, 648,
649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661,
662, 665, 872, 1003, 1025, 1163, 1361, 1707, 1711, and 2113
of title 18, United States Code, are each amended by striking
``$100'' each place it appears and inserting ``$1,000''.
(b) Section 510 of title 18, United States Code , is
amended by striking ``$500'' and inserting ``$1,000''.
(c) Section 1864 of title 18, United States Code, is
amended by striking ``$10,000'' and inserting ``$1,000''.
SEC. 759. CONFORMING AMENDMENT CONCERNING MARIJUANA PLANTS.
Section 1010(b)(4) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b)(4)) is amended by striking
``except in the case of 100 or more marihuana plants'' and
inserting ``except in the case of 50 or more marihuana
plants''.
SEC. 760. ACCESS TO CERTAIN RECORDS.
Section 551 of title 47, United States Code, is amended by
adding at the end the following new subsection:
``(i) Limited Exception for Federal Grand Jury
Proceeding.--Nothing in this section shall apply to any
subpoena or court order issued to a cable operator for basic
subscriber information in connection with proceedings before
a Federal grand jury. A court shall have authority to order a
cable operator not to notify the subscriber of the existence
of a subpoena or court order to which this subsection is
applicable. For purposes of this subsection, the term `basic
subscriber information' means information stating whether or
not a person is or was a subscriber and the name and address
(past or present) of a subscriber.''
SEC. 761. CLARIFICATION OF INAPPLICABILITY OF 18 U.S.C. 2515
TO CERTAIN DISCLOSURES.
Section 2515 of title 18, United States Code, is amended by
adding at the end the following: ``This section shall not
apply to the disclosure by the United States, a State, or
political subdivision in a criminal trial or hearing or
before a grand jury of the contents of a wire or oral
communication, or evidence derived therefrom, the
interception of which was in violation of section 2511(2) (d)
(relating to certain interceptions not under color of
law).''.
SEC. 762. CLARIFYING OR CONFORMING AMENDMENTS ARISING FROM
THE ENACTMENT OF PUBLIC LAW 103-322.
(a) Section 3286 of title 18, United States Code, is
amended by striking ``any offense'' and inserting ``any non-
capital offense''.
(b) Section 5032 of title 18, United States Code, is
amended by striking ``1111, 1113'' and inserting ``1111,
1112, 1113''.
(c) Section 81 of title 18, United States Code, is amended
by striking ``fined under this title or imprisoned not more
than five years'' and inserting ``imprisoned not more than
twenty years or fined the greater of the fine under this
title or the cost of repairing or replacing any property that
is damaged or destroyed''.
(d)(1)(A) Chapter 213 of title 18, United States Code, is
amended by adding at the end a new section, as follows:
``Sec. 3294. Arson offenses
``No person shall be prosecuted, tried, or punished for any
noncapital offense under sections 81, 844 (f), (h), or (i) of
this title unless the indictment is found or the information
is instituted within 10 years after the date on which the
offense was committed.''
(B) The chapter index for chapter 213 of title 18, United
States Code, is amended by inserting at the end the
following:
``3294. Arson offenses.''.
(2) Section 844(i) of title 18, United States Code, is
amended by striking the last sentence.
(e) Section 704(b)(2) of title 18, United States Code, is
amended by striking ``with respect to a Congressional Medal
of Honor''.
(f) Section 408 of the Controlled Substances Act (21 U.S.C.
848) is amended--
(1) by striking subsections (g)-(p), (g)(1)-(3), and (r);
and
(2) by redesignating subsections (g)(4)-(10) as (f)(1)-(7).
(g) Sections 2261(b)(3) and 2262(b)(3) of title 18, United
States Code, are each amended by inserting ``(as defined in
section 1365 of this title)'' after ``serious bodily
injury''.
(h)(1) Section 2261 of title 18, United States Code, is
amended--
(A) in paragraph (a)(1) by striking ``with the intent to
injure, harass, or intimidate'' and inserting ``with the
intent to kill, injure, harass, or intimidate''; and
(B) in paragraphs (a)(1) and (a)(2) by inserting ``or
death'' after ``and thereby causes bodily injury''.
(2) Section 2262 of title 18, United States Code, is
amended--
(A) in paragraph (a)(1) by inserting ``or death'' after
``bodily injury''; and
(B) in paragraph (a)(2) by striking ``commits an act that
injures'' and inserting ``commits an act that causes bodily
injury or death to''.
SEC. 763. TECHNICAL AMENDMENTS.
(a) Section 112 of title 18, United States Code, is amended
by striking ``fined not more than $10,000'' and inserting
``fined under this title''.
(b) Sections 152, 153, and 154 of title 18, United States
Code, are each amended by striking ``fined not more than
$5,000'' and inserting ``fined under this title''.
(c) Section 970 of title 18, United States Code, is amended
by striking ``fined not more than $500'' and inserting
``fined under this title''.
(d) Sections 922 (a)(2) and (a)(3) of title 18, United
States Code, are each amended by striking ``subsection
(B)(3)'' and inserting ``subsection (b)(3)''.
(e) Section 844(h) of title 18, United States Code, is
amended--
(1) by striking ``be sentenced to imprisonment for 5 years
but not more than 15 years'' and inserting ``be sentenced to
imprisonment for a minimum of 5 and a maximum of 15 years'';
and
(2) by striking ``be sentenced to imprisonment for 10 years
but not more than 25 years'' and inserting ``be sentenced to
imprisonment for a minimum of 10 and a maximum of 25 years''.
(f) Section 3582(c)(1)(A)(i) of title 18, United States
Code, is amended by inserting ``or'' after the semicolon.
(g) Section 2516(1)(l) of title 18, United States Code, is
amended by striking ``or'' after the semicolon.
(h) Section 5032 of title 18, United States Code, is
amended by inserting ``or as authorized under section 3401(g)
of this title'' after ``shall proceed by information''.
(i) Section 1114 of title 18, United States Code, is
amended by striking ``1112.,'' and inserting ``1112,''.
(j) Section 3553(f) of title 18, United States Code, is
amended by striking ``section 1010 or 1013 of the Controlled
Substances Import and Export Act (21 U.S.C. 961, 963)'' and
inserting ``section 1010 or 1013 of the Controlled Substances
Import and Export Act (21 U.S.C. 960, 963)''.
(k) Section 1961(1)(D) of title 18, United States Code, is
amended by striking ``that title'' and inserting ``this
title''.
(l) Section 1510(b)(2)(B) of title 18, United States Code,
is amended by striking ``that subpoena'' the first place it
appears and inserting ``that subpoena for records''.
(m) Section 3286 of title 18, United States Code, is
amended--
(1) by striking ``2331'' and inserting ``2332;
(2) by striking ``2339'' and inserting ``2332a''; and
(3) by striking ``36'' and inserting ``37''.
(n) Section 2339A of title 18, United States Code is
amended--
(1) by striking ``2331'' and inserting ``2332;
(2) by striking ``2339'' and inserting ``2332a'';
(3) by striking ``36'' and inserting ``37''; and
(4) by striking ``of an escape'' and inserting ``or an
escape''.
(o) Section 2340(1) of title 18, United States Code, is
amended by striking ``with custody'' and inserting ``within
his or her custody''.
(p) Section 504 of title 18, United States Code, is
amended--
[[Page S93]] (1) in paragraph (2) by striking ``The'' the
first place it appears and inserting ``the''; and
(2) in paragraph (3) by striking ``importation, of motion-
picture films'' and inserting ``importation of motion-picture
films''.
(q) Section 924(a) of title 18, United States Code, is
amended by redesignating the second paragraph (5) (relating
to violations of section 922(x)) as paragraph (6).
SEC. 764. SEVERABILITY.
If any provision of this Act, an amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
remainder of this Act, the amendments made by this Act, and
the application of the provisions of such to any person or
circumstance shall not be affected thereby.
Summary of Proposed Anti-Crime Bill--January 4, 1995
This is a summary of the major provisions of S. 3, the
proposed Senate crime bill. The bill eliminates the ``pork''
contained in the 1994 Crime Bill, and restores to States the
responsibility for local crime prevention measures by
ensuring that local law enforcement agencies, not Washington
bureaucrats, direct the use of federal law enforcement
grants. The bill sets mandatory sentences for certain violent
crimes, and authorizes additional funds for building prisons
and for hiring and training policy officers. The bill also
makes significant revisions in federal criminal procedure,
including: a reform of habeas corpus law so that convicted
criminals cannot abuse the appeals process, an assurance that
relevant evidence will not be withheld from juries, and a
criminal penalty for knowingly filing a pleading in federal
criminal cases that contains material misstatements of law or
fact. A section by section summary of the bill's major
provisions is set forth below.
Should you have questions about the bill not answered by
this summary, please call Mike O'Neill or Mike Kennedy of the
Judiciary Committee Staff.
TITLE I--INCARCERATION OF VIOLET CRIMINALS
This title increases prison construction funding and
provides limits for prisoner litigation.
SEC. 101. Prison Construction And Truth In Sentencing Grants.
This section amends the Violent Offender Incarceration and
Truth in Sentencing Incentive Grants provisions of the
Violent Crime Control and Law Enforcement Act of 1994 (1994
Crime Bill) (Title II, Subtitle A) by increasing the amount
authorized for prison grants to states and ensuring that
these grants will be used for the construction and operation
of brick-and-mortar prisons. The bill removes conditions
requiring the states to adopt specified corrections plans in
order to qualify for the federal funds. It also increases the
amount each qualifying state is guaranteed to receive and
ensures that the grants will be distributed on a formula
basis.
Authorized funding for prison grants is increased by
approximately $1 billion over the levels authorized in the
1994 Crime Bill.
SEC. 102. Repeal.
This section repeals Subtitle B of title II of the 1994
Crime Bill, which authorized $150 million in discretionary
grants for alternate sanctions for criminal juveniles.
SEC. 103. Civil Rights Of Institutionalized Persons.
This section improves upon the meager modifications made in
the 1994 Crime Bill to the Civil Rights of Institutionalized
Persons Act by adopting provisions passed last year by our
House colleagues. These provisions remove the limits on a
court's ability to stay prisoner litigation while
administrative remedies are being exhausted, allow the courts
to dismiss frivolous suits sua sponte, remove the requirement
in current law that inmates participate in the formulation of
the grievance procedures, and require inmates with assets to
pay filing fees.
SEC. 104. Report On Prison Work Progress.
This section directs the Department of Justice to make
recommendations for changing existing law so that more
federal prisoners may be employed without adversely affecting
the private sector or labor.
SEC. 105. Drug Treatment For Prisoners
This section repeals the sentence reduction ``incentive''
for federal prisoners who participate in prison drug
treatment programs under the Substance Abuse Treatment in
Federal Prisons section of the 1994 Crime Bill.
TITLE II--STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
This title provides block grants to the states to hire and
train police officers and to develop new crime fighting
technologies.
SEC. 201. Block Grant Program.
This section modifies the Public Safety Partnership and
Community Policing Act of 1994 (Title I of the 1994 Crime
Bill) and the policing grants provisions of the 1994 Crime
Bill.
The 1994 provision is reformulated as the Law Enforcement
Assistance Block Grants Act of 1995, which provides grants to
state and local law enforcement agencies.
Grants under the program would be made to the states
explicitly for the hiring and training of officers or the
establishment and upgrading of technologies used to detect
crime. States would be permitted to save the grant money
disbursed in any given grant year in a trust fund for these
purposes in years after the federal grant program ends.
Grants would be allocated to the states on a formula basis.
For each grant year, each state would receive a base
allocation of 0.6% of appropriated funds. The remaining
appropriations will
be allocated on the basis of state population as determined
by the 1990 decennial census, as adjusted annually.
The total amount of the grants authorized would be
increased approximately $1 billion over the levels authorized
in the 1994 Crime Bill.
TITLE III--FEDERAL EMERGENCY LAW ENFORCEMENT ASSISTANCE ACT
SEC. 301. Federal Judiciary And Federal Law Enforcement.
This section amends title XIX of the 1994 Crime Bill by
increasing appropriations for the Federal Bureau of
Investigation and the United States Attorneys, while at the
same time maintaining the funding levels established by the
1994 Crime Bill for the Federal Judiciary, the Department of
Justice, and the Treasury Department.
SEC. 302. Drug Enforcement Administration.
This section amends section 180104 of the 1994 Crime Bill
by increasing funding for the Drug Enforcement
Administration.
TITLE IV--CRIMINAL PENALTIES
This title strengthens the penalties for several federal
offenses. Most of these provisions passed the Senate as a
part of its 1993 crime bill but were not included in the
enacted 1994 Crime Bill.
SEC. 401. Serious Juvenile Crimes as Armed Career Criminal Act
Predicates.
This section would make serious juvenile offenses predicate
crimes under the Armed Career Criminal Act, permitting the
court to subject juvenile repeat offenders to stricter
sentences.
SEC. 402. Prosecution of Juveniles as Adults.
This section repeals the 1994 Crime Bill's weak provisions
on trying serious juvenile criminals as adults and enacts
similar provisions to those passed as a part of the Senate's
1993 Crime Bill. Under these provisions, the list of offenses
for which juveniles may be prosecuted as adults is expanded
to include drug conspiracies and importation, firearms
transportation, firearms trafficking, and related
conspiracies. The 1994 Crime Bill included only firearms
offenses.
This section also enacts the Moseley-Braun provision from
the Senate's 1993 bill, with a slight modification. Under
this provision, any minor age 13 or older who is accused of
certain serious offenses under federal law (murder, attempted
murder, armed robbery, assault with intent to murder,
aggravated sexual assault) must be tried as an adult in
federal court. The juvenile could petition the court for
resentencing upon attaining age 16. Unlike the 1993
provision, there is no requirement that the offender be armed
with a firearm during certain offenses in order to qualify
for mandatory adult prosecution.
SEC. 403. Availability Of Fines And Supervised Release For Juvenile
Offenders.
This section makes a technical correction in the law,
permitting courts to impose fines or conditions of supervised
release on juveniles.
SEC. 404. Amendments Concerning Juvenile Records.
This section strengthens provisions permitting the FBI to
create an identification record for juveniles who are
convicted of committing a crime that, if committed by an
adult, would be deemed a serious felony.
SEC. 405. Mandatory Minimum Prison Sentences For Persons Who Use Minors
In Drug Trafficking Activities Or Sell Drugs To Minors.
This section establishes stiff mandatory minimum penalties
of 10 years for a first offense and life imprisonment for a
second offense for adults who employ minors in the
distribution, sale, or manufacturing of drugs, or who sell
drugs to minors.
SEC. 406. Mandatory Minimum Sentence Reform.
This section would prospectively replace the overly-broad
``reform'' of mandatory minimum sentences contained in the
1994 Crime Bill with the narrower approach needed to insure
that such sentences are justly imposed. The provision is the
same as that proposed by Republicans during the debate on the
1994 Crime Bill conference report.
In particular, defendants would not be excused from
mandatory minimum sentencing requirements if they had one or
more criminal history points, were involved in an offense
that resulted in the death or serious injury of a victim,
carried a firearm, owned the drugs, or financed any part of
the drug deal.
SEC. 407. Increased Mandatory Minimum Sentences For Criminals Using
Firearms.
This section increases the penalties for using or carrying
a firearm during the commission of a crime by imprisonment
for not less than 10 years, or, if the firearm is discharged,
for not less than 20 years, or if the death of a person
results, be
punished by death or by incarceration for not less than life.SEC. 408.
Arson Penalties.
This section increases the maximum penalties and fines for
arson and increases the statute of limitations from 7 to 10
years.
SEC. 409. Interstate Travel Or Use Of Mails Or A Facility In Interstate
Commerce To Further Kidnapping.
This section enables federal prosecution of Kidnapping
cases where the perpetrators do
[[Page S94]] not transport the victim across state lines,
but use interstate facilities during the commission of the
crime.
title v--federal criminal procedure reform
This title reforms certain aspects of criminal procedure.
It establishes greater protection for witnesses and jurors;
enacts meaningful habeas corpus reform; limits the
exclusionary rule while at the same time providing better
remedies for innocent citizens whose Fourth Amendment rights
are violated; and permits the admission of voluntary
confessions even when defense counsel is not present during
the confession. This title further clarifies the obligations
of attorneys practicing criminal law in federal court.
SEC. 501. Obstruction Of Justice.
This section makes it an obstruction of justice for an
attorney to file in federal court any pleading in a criminal
case that the filer knows to contain a false statement of
material fact or law.
SEC. 502. Conduct of Federal Prosecutors.
This section establishes that the Attorney General has sole
authority to promulgate the rules governing the conduct of
federal prosecutors in federal court, notwithstanding the
ethical rules or rules of the court adopted by any state.
SEC. 503. Fairness in Jury Selection.
This section amends Federal Rule of Criminal Procedure
24(b) by equalizing the number of peremptory challenges
afforded the prosecution and defense (6 strikes per side). It
preserves the 6 (prosecution) 10 (defense) split in trails
involving two or more joined defendants.
SEC. 504. Balance In The Composition Of Rules Committees.
This section gives equal representation to prosecutors and
the defense bar on the various rules committees of the
Judicial Conference. Currently, prosecutors are under-
represented on these committees.
SEC. 505. Reimbursement of Reasonable Attorney's Fees.
This section permits the reimbursement of reasonable
attorney's fees for current or former Department of Justice
employees or federal public defenders who are subject to
criminal investigation arising out of acts performed in the
discharge of their duties.
SEC. 506. Mandatory Restitution To Victims Of Violent Crime.
Amends 18 U.S.C. 3663 by mandating federal judges to enter
orders requiring defendants to provide restitution to the
victims of their crimes.
SEC. 507. Admissibility of Certain Evidence.
This section clarifies and strengthens 18 U.S.C. 3501 by
requiring a criminal defendant to prove, by a preponderance
of the evidence, that a confession obtained by police
officers was involuntary. If the defendant is unable to meet
that burden, a voluntary confession will be admitted in
court.
Section 507 also eliminates the exclusionary rule as it
pertains to the Fourth Amendment and provides a tort remedy
for those whose Fourth Amendment rights have been violated by
an unreasonable search or seizure.
SEC. 508-510. General Habeas Corpus Reform.
This section incorporates reforms to curb the abuse of the
statutory writ of habeas corpus, and to address the acute
problems of unnecessary delay and abuse in capital cases. It
sets a one year limitation on an application for a habeas
writ and revises the procedures for consideration of a writ
in federal court. It provides for the exhaustion of state
remedies and bars habeas review of claims that have fully and
fairly adjudicated in state court.
The revision in capital habeas practice also sets a time
limit within which the district court must act on a writ, and
provides the government with the right to seek a writ of
mandamus if the district court refuses to act within the
allotted time period. Successive petitions must be approved
by a panel of the court of appeals and are limited to those
petitions that contain newly discovered evidence that would
seriously undermine the
jury's verdict or that involve new constitutional rights
that have been retroactively applied by the Supreme Court.
In capital cases, procedures are established for the
appointment of counsel, conduct of evidentiary hearings, and
the application of the procedures to state unitary review
systems. Courts are directed to give habeas petitions in
capital cases priority status and to decide those petitions
within specified time periods.
title vi--prevention of terrorism
This title strengthens the penalties for those engaged in
terrorist acts.
Sec. 601. Willful Violation of Federal Aviation Administration
Regulations
This section imposes criminal penalties for willful
violations of FAA security regulations.
Sec. 602. Assaults, Murders, And Threats Against Former Federal
Officials In Performance Of Official Duties
This section permits prosecution of assaults, murders, and
threats made against former government officials arising from
the discharge of their official duties while employed by the
government.
Sec. 603. Wiretap Authority For Alien Smuggling And Related Offenses
And Inclusion Of Alien Smuggling As A RICO Predicate
This section expands authority for issuing wiretaps to
encompass alien smuggling offenses and includes alien
smuggling as a RICO predicate crime.
Sec. 604. Authorization For Interceptions Of Communications In Certain
Terrorism Related Offenses
This section authorizes the interception of communications
in certain, limited, terrorism cases, including the wrecking
of trains, providing material support to terrorists, and
engaging in terrorist acts at airports.
Sec. 605. Participation Of Foreign And State Government Personnel In
Interceptions Of Communications
This section permits the participation of state law
enforcement officials and officials of foreign law
enforcement agencies in intercepting communications.
Sec. 606. Disclosure Of Intercepted Communications To Foreign Law
Enforcement Agencies
This section permits, under certain, limited circumstances,
disclosure of intercepted communications to cooperating
foreign law enforcement agencies.
Sec. 607. Alien Terrorist Removal
This section would ensure, through the use of a limited ex
parte procedure, that the United States can expeditiously
deport alien terrorists without disclosing national security
secrets to them and their criminal partners.
Sec. 608. Territorial Sea
This section codifies the extension of United States
territorial sea, as defined by a 1988 Presidential
Proclamation. This area would then be included within the
special maritime and territorial jurisdiction of the U.S.
This section also adopts non-conflicting state law in the
territorial sea.
Sec. 609. Clarification And Extension Of Criminal Jurisdiction Over
Certain Terrorism Offenses Overseas
This section extends the United States' criminal
jurisdiction over certain terrorism crimes committed
overseas.
Sec. 610. Federal Aviation Reporting Responsibility
This section requires the Federal Aviation Administration
to notify the Justice Department when it discovers large sums
of cash and/or drugs during an inspection.
Sec. 611. Information Transfer
This section permits the Immigration and Naturalization
Service to release certain confidential information on
individual aliens for law enforcement purposes.
Sec. 612. Extradition
This section permits the Attorney General to extradite
persons who are not U.S. citizens, nationals, or permanent
residents to countries with which the United States does not
have an extradition treaty.
Sec. 613. Federal Bureau Of Investigation Report
This section requires the FBI to investigate and report
back to Congress on the effectiveness of a federal law
prohibiting
contributions to terrorist organizations or their ``front''
groups in the United States.SEC. 614. Increased Penalties for Terrorism
Crimes.
This section increases penalties for a series of federal
crimes, including amending the law against maiming and
disfiguring to include torture and punishing an attempt to
violate this section by up to $10,000 and/or 10 years, and
adds protection to armed services personnel.
SEC. 615. Criminal Offenses Committed Outside The United States By
Persons Accompanying The Armed Forces.
This section permits the removal for prosecution in the
United States of criminal cases involving non-military
persons who are accompanying the Armed Forces when they
commit crimes overseas which are not prosecuted in the host
country's courts.
TITLE VII--MISCELLANEOUS AND TECHNICAL PROVISIONS
Subtitle A--Elimination of Certain Programs.
SEC. 701. Elimination Of Ineffective Programs.
This section repeals the most 1994 Crime Bill's wasteful
social spending, including subtitles A through S and
subtitles U and X of Title III of the 1994 Crime Bill, and
Title V of the 1994 Crime Bill. The provisions of the 1994
Bill relating to Substance Abuse Treatment in Federal
Prisons, the Prevention, Diagnosis, and Treatment of
Tuberculosis in Correctional Institutions, and the Violence
Against Women Act are unaffected by this section.
Subtitle B--Amendment Relating to Violent Crime Control.
SEC. 711. Violent Crime and Drug Emergency Areas Repeal.
This section repeals the Violent Crime and Drug Emergency
Areas Act in the 1994 Crime Bill (Section 90107). The
repealed provision permits the President to designate an area
a violent crime or drug emergency area, and to detail federal
law enforcement personnel to assist state and local
officials.
SEC. 712. Expansion of 18 U.S.C. 1959 To Cover Commission Of All
Violent Crimes in Aid of Racketeering Activity And Increased Penalties.
This section closes loopholes in 18 U.S.C. 1959, the law
punishing violent crimes in aid of racketeering. The
amendment also increases the maximum penalties for certain
[[Page S95]] violations (e.g., kidnapping, conspiring to
commit murder), and clarifies the definition of ``serious
bodily injury.''
SEC. 713. Investigation Of Serial Killings.
This section authorizes the Federal Bureau of
Investigation, at the request of state authorities, to
participate in the identification and apprehension of serial
killers.
SEC. 714. Firearms and Explosives Conspiracy.
This section amends the firearms and explosives chapter of
Title 18 to provide generally that a conspiracy to commit a
firearms or explosives offense in punishable by the same
maximum term as that applicable to the substantive offense
that was the object of the conspiracy.
SEC. 715. Increased Penalties For Violence In The Course Of Riot
Offenses.
This section strengthens the federal anti-riot statute, 18
U.S.C. 2101, by increasing the penalties when death or
serious bodily injury results from the defendant's actions in
violation of the statute.
SEC. 716. Pretrial Detention For Possession Of Firearms or Explosives
by Convicted Felons.
Clarifies law that permits pretrial detention for certain
offenses to include those involving firearms or explosives.
SEC. 717. Elimination Of Unjustified Scienter Element For Carjacking.
Eliminates scienter requirement in 18 U.S.C. 2119, the so-
called carjacking statute.
SEC. 718. Theft Of Vessels.
Defines ``vessel'' as watercraft for purposes of 18 U.S.C.
2311, 2312, 2323, and criminalizes the theft of such a
``vessel.''
SEC. 719. Clarification of Agreement Requirement For RICO Conspiracy.
Technical amendment that explains that government need not
prove that RICO defendant personally agreed to commit any
criminal racketeering acts.
SEC. 720. Addition Of Attempt Coverage For Interstate Domestic Violence
Coverage.
Creates ``attempts'' crime in interstate domestic abuse
cases.
SEC. 721. Addition Of Foreign Murder As A Money Laundering Precedent.
Adds murder as a money laundering predicate act.
SEC. 722. Assaults Or Other Crimes Of Violence For Hire.
Includes serious assaults in the ``murder for hire''
statute, 18 U.S.C. 2332.
SEC. 723. Threatening To Use A Weapon Of Mass Destruction.
Criminalizes a threat to use a weapon of mass destruction.
SEC. 724. Technical Amendments.
Amends section 60002 of the 1994 Crime Bill to eliminate
State participation in carrying out a Federal sentence of
death and directing that death sentences be carried out at
appropriate Federal facilities.
Subtitle C--Amendments Relating To Courts And Sentencing.
SEC. 731. Allowing A Reduction Of Sentence For Providing Useful
Information Although Not Regarding A Particular Individual
Permits a reduction in a sentence if the defendant provides
substantial assistance in the investigation of ``any
offense,'' rather than only allowing reductions when the
defendant provides information in the investigation of
``another person.''
SECS. 732-733. These sections permit the Government to appeal from
certain dismissals and eliminate the outmoded requirement that the
Government obtain a certificate to appeal.
SEC. 734. Clarifies meaning of ``official detention'' for purposes of
crediting a defendant for prior custody. Excludes credit given for
detention at ``community-based treatment or correctional
facilit[ies].''
SEC. 735. Limitation On Reduction Of Sentence For Substantial
Assistance Of Defendant.
Requires that a court may order a reduction in the
defendant's sentence for substantial assistance only when the
Government requests such a reduction.
SEC. 736. Improvement Of Hate Crimes Sentencing Procedure.
Requires the sentencing judge, as opposed to the jury, to
determine the facts relating to the ``hate crimes''
enhancement.
SEC. 737. Clarification Of Length Of Supervised Release Terms In
Controlled Substance Cases.
Technical amendment that clarifies the length of supervised
release terms in controlled substance cases. Resolves
conflict among the courts of appeals to make clear that the
limits of 18 U.S.C. 3583 do not control the longer supervised
release terms provided in 18 U.S.C. 841.
SEC. 738. This section confers authority on courts to impose a sentence
of supervised release on a prisoner who is released because of
``extraordinary and compelling reasons'' (e.g., suffering from a
terminal illness) pursuant to 18 U.S.C. 3582(c)(1)(A).
SEC. 739. Temporarily extends Parole Commission beyond its presently
scheduled expiration date of November 1, 1997, to deal with prisoners
sentenced before the Sentencing Guidelines became effective.
SEC. 740. Conforming Amendments Relating To Supervised Release.
Technical amendments that conform certain statutes with the
new supervised release scheme.
SEC. 741. Repeals outmoded provisions that bar Federal prosecution of
certain offenses.
Subtitle D--Miscellaneous Amendments.
SEC. 751. Technical conforming amendment to obstruction of civil
investigative demand statute.
SEC. 752. Addition Of Attempted Theft And Counterfeiting Offenses To
Eliminate Gaps And Inconsistencies In Coverage.
Creates attempt crimes for embezzlement, uttering, and
counterfeiting offenses.
SEC. 753. Technical amendment that clarifies scienter element for
receiving property stolen from Indian tribal organizations.
SEC. 754. Larceny Involving Post Office Boxes And Postal Stamp Vending
Machines.
Amends 18 U.S.C. 2115 to cover vandalism committed against
postal vending machines and boxes not located on postal
service property.
SEC. 755. Technical amendment that conforms law punishing obstruction
of justice by notification of a subpoena for records in certain types
of investigations.
SEC. 756. This section closes a loophole in the offense of altering or
removing a motor vehicle identification number by protecting against
the alteration of any number inscribed on a car that can be used to
identify a particular vehicle or part.
SEC. 757. Application of Various Offenses To Possessions And
Territories.
A number of federal statutes are ambiguous as to their
coverage of crimes occurring in the territories, possessions,
and commonwealths of the United States because they contain
references to ``state'' law without any indication of whether
they apply to territories or other non-state entities. This
section merely clarifies the application of certain federal
criminal statutes to territories, possessions, and
commonwealths.
SEC. 758. This section adjusts and makes uniform the dollar amounts
used in Title 18 to distinguish between grades of offenses. It also
adjusts certain dollar amounts to account for inflation.
SEC. 759. This section corrects an inconsistency in the penalties
relating to marijuana plants that exists between 21 U.S.C. 841(b) and
21 U.S.C. 960(b). The amendment follows the recommendation of the
United States Sentencing Commission in that in cases involving 50 or
more marijuana plants, each plant is treated as the equivalent of one
kilogram of processed marijuana.
SEC. 760. Access to Certain Records.
This amendment to the cable television subscriber law
brings that statute into conformity with all other federal
customer privacy provisions, by recognizing an exception for
information sought pursuant to a federal grant jury subpoena
or a court order relating to a grand jury proceeding.
SEC. 761. Clarification Of Inapplicability of 18 U.S.C. 2515 To Certain
Disclosures.
This section makes a carefully limited exception to 18
U.S.C. 2515, the statutory exclusionary rule for Title III of
the Omnibus Crime Control and Safe Streets Act of 1968, so as
to exempt situations in which private persons, not acting for
any government authority, illegally recorded a communication,
but the recording later lawfully comes into the possession of
the government. This section permits the government to use
such recordings at trial.
SEC. 762-763. These sections include conforming amendments related to
the enactment of the 1994 Crime Bill and certain other technical
amendments.
SEC. 764. A standard severability provision that applies to the entire
act.
Mr. HATCH. Mr. President, I thank my friend from Kansas, the
distinguished majority leader, for his kind words. I am pleased to join
him in introducing S. 3, the Violent Crime Control and Law Enforcement
Improvement Act of 1995. We have worked hard together to craft a bill
that will give the American people the tough anti-crime legislation
they deserve.
The people of Utah and across our Nation understand that the best
crime prevention program is to ensure the swift apprehension of
criminals and their certain and lengthy imprisonment. Congress can do
better than the legislation it passed last year.
Our Nation's violent crime problem continues to be the top concern of
the American people and rightly so. The crime clock is still ticking,
and is ticking faster for violent crimes. In 1992, on average, a
violent crime was committed every 22 seconds. According to the Uniform
Crime Reports recently published by the FBI in 1993 a violent crime was
committed every 16 seconds.
The latest data demonstrate that our violent crime crisis continues
to worsen. According to the FBI, the murder rate in the United States
increased 2.2 percent in 1993. And, for the first time, a murder victim
was more likely to be killed by a stranger than by an acquaintance or a
family member. (Crime
[[Page S96]] in the United States 1993, Uniform Crime Reports.)
The FBI also reports that there were 104,806 rapes in the United
States reported in 1993. And while that is a slight decrease from the
previous year, this number is still a 5 percent increase since 1989.
(Crime in the United States 1993, Uniform Crime Reports.)
Additionally, the National Crime Victimization Survey, which is
published by the Bureau of Justice Statistics and includes crimes not
reported to the police, found that crimes of violence increased 4.5
percent in 1993, including a staggering 10.2 percent rise in aggravated
assault and a 12.2 percent jump in attempted assaults with a weapon.
(National Crime Victimization Survey, Table of Selected Data, BJS,
October 1994.)
Moreover, this is not a crisis that affects only our Nation's urban
centers. Indeed, some of the most rapid increases in crime are
occurring in the Intermountain West, which includes my State of Utah.
Overall, the Intermountain West experienced a 7.5 percent increase in
violent crimes, and a 4.7 percent increase in the number of violent
crimes per 100,000 persons in 1993 according to the FBI. Figures for
Utah are nearly as grim. Our violent crime rate in Utah jumped 6.3
percent in 1993, and the rate per 100,000 persons jumped 3.6 percent.
(Crime in the United States 1993, Uniform Crime Reports.) So while our
population is rising, violent crime is rising even faster.
Thus, the specter of violent crime haunts the lives of most Americans
and dramatically affects the way in which we live. Concern for personal
safety and fear of violent crime cuts across racial and socioeconomic
lines. In fact, violent crime disproportionately affects minorities and
the poor. African-Americans are far more likely to be victims of crime
than are many other Americans; in 1992 African-Americans suffered
violent crime victimizations at a rate of 110.8 per 1,000 population,
compared to 88.7 per 1,000 whites. (Source: BJS Bulletin, Criminal
Victimization 1992)
It is a national tragedy that homicide is now the leading cause of
death for African-America males aged 15 to 34. And low-income
households are victimized by crime at almost twice the rate of more
affluent households.
A responsible approach to the crime problem that includes sentencing
reforms, increased funds for police and prisons, and changes in Federal
criminal procedure, will provide the greatest benefits to the greatest
number in our society.
This body has spent countless hours on this issue. Yet the result of
those efforts, the 1994 crime bill, fell far short of what the American
peole deserve. That bill wasted billions on duplicative social spending
programs, devoted insufficient resources to the needed emergency build-
up in prison space, created an unwieldy grant program which will fall
far short of its stated goal of actually placing 100,000 additional
State and local police officers on our streets, and failed to enact
tough penalties for Federal violent and drug crimes.
Now the American people expect us begin the task anew, and battle
crime with a program that holds criminals responsible for their acts
and that begins to help State and local governments repair the rips in
our social fabric that have contributed to our
crime crisis.
The bill we introduce today has four primary objectives:
Increasing prison and law enforcement grants to the States to assist
their efforts to deter and apprehend violent criminals, and to ensure
that, when a criminal defendant is convicted, appropriate sentences are
imposed and served;
Removing the wasteful social spending included in the 1994 crime bill
and redirecting the funds to prison construction and Federal, State and
local law enforcement, thus enabling our States and local communities
to implement crime control strategies free from the interference of
Washington bureaucrats;
Enhancing Federal criminal penalties to appropriate levels for
terrorism and other crimes where the Federal Government has a
significant legitimate prosecutorial role; and
Reforming habeas corpus procedures, the exclusionary rule, and other
Federal criminal procedures to restore fairness and balance to the
Federal criminal justice process.
To accomplish these objectives, our bill first increases the amount
authorized for prison grants to States and ensures that these grants
will be used for the construction and operation of brick-and-mortar
prisons. The bill removes conditions requiring the States to adopt
specified corrections plans in order to qualify for the Federal funds.
It also improves upon the reforms already made to reduce the flood of
frivolous lawsuits by prisoners by adopting provisions passed last year
by our House colleagues. These provisions remove the limits on a
court's ability to stay prisoner litigation while administrative
remedies are being exhausted, allow the courts to dismiss frivolous
suits sua sponte, remove the requirement in current law that inmates
participate in the formulation of the grievance procedures, and require
inmates with assets to pay filing fees.
Second, our legislation reforms the policing grants included in the
1994 bill to make the program more responsive to the needs of our State
and local governments.
Most independent estimates of the probable effect of the Community
Policing grant program established in the 1994 crime bill conclude that
it will fall far short of actually placing on the street the 100,000
new State and local police officers claimed by the provision's
supporters. Moreover, it is open to serious question whether those who
will be hired under the grants will be additional officers, or whether
they will merely make up for natural attrition in our Nation's local
police forces.
For these reasons, I believe that the Community Policing grant
program is flawed. Under our legislation the program would be improved
to give the States more flexibility in spending the funds. States could
use those funds for hiring and training police officers or establishing
and upgrading crime laboratories or exploring new crime-fighting
technologies.
Unlike the grant program presently in place, there would be no
matching requirement or per-officer spending cap, providing States and
communities with the needed flexibility to hire and train the number of
officers required to meet local needs. State and local governments are
in the best position to assess their crime fighting needs. The Federal
Government should therefore get out of their way and provide them with
the flexibility to spend funds effectively to combat crime.
Third, our bill enhances the resources of our Federal law enforcement
agencies. While much of the Nation's war on crime is fought at the
State and local level, the Federal Government has a significant role to
play. It is critical that Federal law enforcement agencies be provided
with the resources to fulfill their duty to the American people.
For this reason, our bill includes authorization for critically
needed funding for Federal law enforcement above what was authorized in
the 1994 crime bill. This will ensure the ability of Federal law
enforcement agencies to carry out their mission.
Fourth, this bill eliminates the wasteful social programs passed in
the 1994 crime bill. These programs would have wasted billions of
dollars on duplicative, top-down spending programs without reducing
violent crime. Having Washington bureaucrats impose untested programs
on the States would do little to prevent crime.
A portion of the funding authorized by these programs is redirected
to prison grants, law enforcement block grants, and Federal law
enforcement.
Fifth, our bill also includes several tough Federal criminal
penalties either omitted from or weakened in the 1994 crime bill. For
instance, it includes the provisions requiring tough mandatory minimum
sentences for Federal crimes committed with a firearm and for the sale
of drugs to minors or the use of a minor in the commission of a drug
crime.
Our bill also replaces the overly broad reform of mandatory minimum
sentences with an approach that will ensure the just imposition of
those sentences. Thus, while providing less leeway to judges to avoid
imposing minimum mandatory sentences than the 1994 crime bill, it
allows such discretion where it is merited. The truly
[[Page S97]] first-time, nonviolent, low-level offender deserving of
some measure of leniency will be treated more justly under our
legislation, without providing a windfall to career drug dealers. I
should note that our provision was overwhelmingly supported by the
Senate in the last Congress.
Our legislation would also enact several other Federal criminal
penalties which the Senate passed as a part of its 1993 crime bill but
which were not included in the enacted 1994 crime bill. Among these
provisions are the inclusion of serious juvenile drug offenses as
predicate crimes under the Armed Career Criminal Act and the adult
prosecution of serious juvenile offenders in appropriate Federal cases.
Sixth, our legislation would enact long-needed reforms to the Federal
criminal justice system. Chief among these is a reform of habeas corpus
procedures to ensure that lawful sentences of death are not perpetually
delayed by endless, meritless appeals, while at the same time
safeguarding the legitimate rights of defendants to ensure that the
death penalty is not unjustly imposed.
Additionally, our bill would enact reforms to ensure the
admissibility of certain evidence. Confessions voluntarily made will be
admitted regardless of irrelevant surrounding circumstances. The
present exclusionary rule will be eliminated and replaced with a tort
remedy to protect the rights of law-abiding persons. Under this
proposal, evidence discovered and seized by officers acting in good
faith that their actions comported with the requirements of the fourth
amendment will be admitted in court.
At the same time, our exclusionary rule reform will also provide new
remedies for redress by innocent persons whose fourth amendment rights
are violated. Those whose rights are violated by Federal law
enforcement officers will have expanded rights to sue the offending
agency for damages. Our reform will thus create the necessary
disincentive contemplated by the fourth amendment for lawless searches
without providing guilty defendants the windfall of the exclusion of
relevant evidence. These reforms are critical if we are to prevent our
cherished liberties from further devolving into merely a cynical shield
for the guilty to avoid just punishment.
The legislation also includes provisions for obstruction of justice
penalties for attorneys who knowingly file false statements in court in
criminal proceedings, and to equalize, except in cases in which
defendants are tried jointly, the number of peremptory challenges
available to each side in a criminal case.
We also include in our bill provisions for restitution to victims of
Federal crimes to insure that crime victims receive the restitution
they are due from those who have preyed on them.
Seventh, our bill addresses the threat of terrorism against our
people. Our bill incorporates most of the antiterrorism provisions of
the 1993 Senate crime bill that were stricken during conference,
including the Terrorist Alien Removal Act, and criminal penalties for
the willful violation of regulations for the safety of civil aviation.
Additionally, our bill updates and strengthens criminal penalties for
engaging in certain violent terrorist acts.
Finally, our bill includes numerous miscellaneous and technical
provisions to strengthen and clarify existing Federal law.
With this legislation, we have an opportunity to fulfill our
commitment to the American people in a way which respects the
competencies and powers of the State and Federal spheres of Government.
Additionally, we are committed to ensuring that this legislation does
not increase the Federal deficit. We believe that our bill provides the
American people the crime control legislation they demand and deserve.
I urge the support of my colleagues for this important legislation.
______
By Mr. DOLE (for himself, Mr. McCain, Mr. Coats, Mr. Kyl, Mr.
Helms, Mr. Murkowski, Mr. Ashcroft, Mr. Bond, Mr. Grams, and
Mr. Gramm):
S.4. A bill to grant the power to the President to reduce budget
authority; to the Committee on the Budget and the Committee on
Governmental Affairs, jointly, pursuant to the order of August 4, 1977,
with instructions that if one committee reports, the other committee
has 30 days to report or be charged.
THE LEGISLATIVE LINE-ITEM VETO ACT OF 1995
Mr. DOLE. Mr. President, I rise today to introduce legislation
designed to give President Clinton the same tool to control spending
that 41 Governors now enjoy. I am talking about the line-item veto.
Republicans have supported giving the President the line-item veto
for years. During the 1980's, opponents of the line-item veto used to
say that Republicans supported it only because the President happened
to be a Republican at that time.
By introducing this bill as Senate bill No. 4, and making adoption of
a legislative line-item veto a top priority for the 104th Congress, we
hope to dispel that myth once and for all. We believe that any
President of the United States, as Chief Executive, should be given
more power over Federal spending.
This legislation would give the President the authority to rescind
any combination of line items in an appropriations bill. The
President's rescission proposal would take effect until a two-thirds
majority in both Houses of Congress votes to overturn the President's
decision.
Mr. President, several of our colleagues have worked long and hard on
this issue. The distinguished Senator from Indiana [Senator Coats] and
the distinguished Senator from Arizona [Senator McCain] have worked
tirelessly in support of this legislation for years. Each time the
Senate has voted on the line-item veto, we have been able to garner a
few more votes.
This may well be the year that we finally get the job done. I am
pleased to report that the distinguished Chairman of the Budget
Committee, Senator Domenici, has agreed to schedule a committee hearing
and a mark-up on line-item veto legislation later this month. My hope
is that working with the members of that committee--Democrat and
Republican--Chairman Domenici will be able to get legislation adopted
in committee and to the Senator floor that can serve as the blueprint
for line-item veto legislation that can be approved by the full Senate,
adopted in both Houses of Congress, and signed into law by the
President this year.
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. 4
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 ``Legislative Line Item Veto
Act of 1995.''
SEC. 2. ENHANCEMENT OF SPENDING CONTROL BY THE PRESIDENT.
The Impoundment Control Act of 1974 is amended by adding at
the end thereof the following new title:
``TITLE XI--LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY
``Part A--Legislative Line Item Veto Rescission Authority
``grant of authority and conditions
``Sec. 1101. (a) In General.--Notwithstanding the
provisions of part B of title X and subject to the provisions
of part B of this title, the President may rescind all or
part of any budget authority, if the President--
``(1) determines that--
``(A) such rescission would help balance the Federal
budget, reduce the Federal budget deficit, or reduce the
public debt;
``(B) such rescission will not impair any essential
Government functions; and
``(C) such rescission will not harm the national interest;
and
``(2)(A) notifies the Congress of such rescission by a
special message not later than 20 calendar days (not
including Saturdays, Sundays, or holidays) after the date of
enactment of a regular or supplemental appropriations Act or
a joint resolution making continuing appropriations providing
such budget authority; or
``(B) notifies the Congress of such rescission by special
message accompanying the submission of the President's budget
to Congress and such rescissions have not been proposed
previously for that fiscal year.
The President shall submit a separate rescission message for
each appropriations bill under paragraph (2)(A).
``(b) Rescission Effective Unless Disapproved.--(1)(A) Any
amount of budget authority rescinded under this title as set
forth in a special message by the President shall be deemed
canceled unless during the period described in subparagraph
(B), a rescission disapproved bill making available all of
the amount rescinded is enacted into law.
``(B) The period referred to in subparagraph (A) is--
[[Page S98]] ``(i) a Congressional review period of 20
calendar days of session under part B, during which Congress
must complete action on the rescission disapproval bill and
present such bill to the President for approval or
disapproval;
``(ii) after the period provided in clause (i), an
additional 10 days (not including Sundays) during which the
President may exercise his authority to sign or veto the
rescission disapproval bill; and
``(iii) if the President vetoes the rescission disapproval
bill during the period provided in clause (ii), an additional
5 calendar days of session after the date of the veto.
``(2) If a special message is transmitted by the President
under this section during any Congress and the last session
of such Congress adjourns sine die before the expiration of
the period described in paragraph (1)(B), the rescission
shall not take effect. The message shall be deemed to have
been retransmitted on the first day of the succeeding
Congress and the review period referred to in paragraph
(1)(B) (with respect to such message) shall run beginning
after such first day.
``DEFINITIONS
``Sec. 1102. For purposes of this title the term
`rescission disapproval bill' means a bill or joint
resolution which only disapproves a rescission of budget
authority, in whole, rescinded in a special message
transmitted by the President under section 1101.
``Part B--Congressional Consideration of Legislative Line Item Veto
Rescissions
``PRESIDENTIAL SPECIAL MESSAGE
``Sec. 1111. Whenever the President rescinds any budget
authority as provided in section 1101, the President shall
transmit to both Houses of Congress a special message
specifying--
``(1) the amount of budget authority rescinded;
``(2) any account, department, or establishment of the
Government to which such budget authority is available for
obligation, and the specific project or governmental
functions involved;
``(3) the reasons and justifications for the determination
to rescind budget authority pursuant to section 1101(a)(1);
``(4) to the maximum extend practicable, the estimated
fiscal, economic, and budgetary effect of the rescission; and
``(5) all facts, circumstances, and considerations relating
to or bearing upon the rescission and the decision to effect
the rescission, and to the maximum extent practicable, the
estimated effect of the rescission upon the objects,
purposes, and programs for which the budget authority is
provided.
``TRANSMISSION OF MESSAGES; PUBLICATION
``Sec. 1112. (a) Delivery to House and Senate.--Each
special message transmitted under sections 1101 and 1111
shall be transmitted to the House of Representatives and the
Senate on the same day, and shall be delivered to the Clerk
of the House of Representatives if the House is not in
session, and the Secretary of the Senate if the Senate is not
in session. Each special message so transmitted shall be
referred to the appropriate committees of the House of
Representatives and the Senate. Each such message shall be
printed as a document of each House.
``(b) Printing in Federal Register.--Any special message
transmitted under sections 1101 and 1111 shall be printed in
the first issue of the Federal Register published after such
transmittal.
``PROCEDURE IN SENATE
``Sec. 1113. (a) Referral.--(1) Any rescission disapproval
bill introduced with respect to a special message shall be
referred to the appropriate committees of the House of
Representatives or the Senate, as the case may be.
``(2) Any rescission disapproval bill received in the
Senate from the House shall be considered in the Senate
pursuant to the provisions of this section.
``(b) Floor Consideration in the Senate.--
``(1) Debate in the Senate on any rescission disapproval
bill and debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours. The
time shall be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
``(2) Debate in the Senate on any debatable motion or
appeal in connection with such a bill shall be limited to 1
hour, to be equally divided between, and controlled by, the
mover and the manager of the bill, except that in the event
the manager of the bill is in favor of any such motion or
appeal, the time in opposition thereto shall be controlled by
the minority leader or his designee. Such leaders, or either
of them, may, from the time under their control on the
passage of the bill, allot additional time to any Senator
during the consideration of any debatable motion or appeal.
``(3) A motion to further limit debate is not debatable. A
motion to recommit (except a motion to recommit with
instructions to report back within a specified number of
days, not to exceed 1, not counting any day on which the
Senate is not in session) is not in order.
``(c) Point of Order.--(1) it shall not be in order in the
Senate or the House of Representatives to consider any
rescission disapproval bill that relates to any matter other
than the rescission of budget authority transmitted by the
President under section 1101.
``(2) It shall not be in order in the Senate or the House
of Representatives to consider any amendment to a rescission
disapproval bill.
``(3) Paragraphs (1) and (2) may be waived or suspended in
the Senate only by a vote of three-fifths of the members duly
chosen and sworn.''.
Mr. McCain. Mr. President, I am pleased to join Majority Leader Dole,
Senator Coats, and many others in introducing the Legislative Line-Item
Veto of 1995.
Mr. President, this is the same bill that I have sponsored for the
last 8 years. However, I would like to describe the bill again at this
time. The bill would do:
(1) It gives the President the power to identify, up to 20 days after
an appropriations bill is sent to the President for his signature,
items of spending within that bill that are wasteful, and to notify
Congress that the President is eliminating or reducing the funds for
those items.
(2) The President may veto--or in other words freeze--part or all of
the funds for programs deemed wasteful.
(3) Such items are called enhanced rescissions or more commonly
referred to as line-item vetoes.
(4) The Congress is required to overturn these line-item vetoes with
simply majority votes in the House and Senate within 20 days or they
automatically become effective.
(5) If the Congress disagrees with the President, it may pass a
rescission disapproval bill.
(6) The President then has the opportunity to veto the rescission
disapproval bill. In that case, the veto may be overridden by a two-
thirds vote of the House and Senate.
(7) This bill would also allow the President a second chance to
eliminate wasteful pork-barrel spending by allowing him to submit such
enhanced
rescissions with the budget submission at the beginning of the year.
This second shot at proposing rescission ensures that the President has
the opportunity to strike at pork-barrel spending that may not be
obvious during the first rescission period.
Mr. President, this bill would not: allow the President to rescind
money for entitlement like Social Security, Medicaid, or food stamps.
The bill amends part B of title X of the Impoundment Control Act of
1974. It does not amend part A of title X of the Impoundment Control
Act of 1974. The language from part A of title X is retained. It
specifies that:
Nothing contained in this Act, or in any amendment made by
this Act, shall be construed as * * * superseding any
provision of law which requires the obligation of budget
appropriation or the making of outlays thereunder.''
This language from part A of title X ensures that the President
cannot rescind funds for entitlement.
the growing problem of pork-barrel politics and the budget
Mr. President, pork-barrel politics is nothing new. However, the
Congress' addiction to pork has grown to obscene proportions. Something
must be done and something must be done now.
For too long the Congress has addressed this issue by maintaining the
status quo. In the meantime, our addiction was growing and growing.
And Mr. President, while we are ``getting our pork fix'' our children
are being raised in a Nation that may soon have no choice but to go
cold turkey. But Mr. President, it is not pork alone that is cause this
problem. Pork is only one small part of the illness.
The disease that plagues us is our budget and spending habits.
If we continue funding carelessly and recklessly ignore budgetary
constraints and economic realities--if we continue to ignore this
problem--we risk our Nation's future.
Mr. President, let us review the facts regarding our Nation's fiscal
health.
The Federal debt is approaching $4 trillion.
The cost of interest on that debt is now almost $200 billion a year.
That is more money than the Federal Government will spend on education,
science, law enforcement, transportation, food stamps, and welfare
combined.
The Federal budget deficit set a record of $290 billion in 1992.
By 2003, the deficit is expected to leap to a staggering $653 billion
and will have reached its largest fraction of gross domestic product in
more than 50 years.
[[Page S99]] Mr. President, we must act to restore budgetary
restraint in the Congress. An analysis of the past shows that after
each of the last major budget deals, the deficit in fact increased,
spending increased, and taxes increased. We must avoid this cycle.
If we are to avoid a repeat of the Carter and Bush years, we must
work toward real budgetary reform that truly curbs spending. This is a
considerable undertaking that will involve asking all, including many
powerful coalitions, that they will have no choice but to do more with
less. The control of the Nation's purse will become even more fierce if
we instituted budgetary reform and limit spending.
One aspect of this is to give the President the line-item veto.
RECOGNIZING THE CONGRESS' DISEASE
Mr. President, if we are to take control of the budget process we
must move bravely forward and be prepared to make many difficult
choices.
Now is the time to rise above petty politics and turf wars. We must
put institutional pride aside. And most importantly, we must put the
local-specific needs of each of our constituents aside and look at the
Nation as a whole. Now, Mr. President, is the time for statesmen.
We must reinstitute budgetary restraint and take firm action to
control spending. This will involve implementing specific strategies
and standing behind a commitment to decrease spending--no matter what
the political climate. This will involve accepting one set of budgetary
goals and not allowing them to float or be adjusted.
Mr. President, one glaring example of this lack of backbone is the
now altered Gramm-Rudman-Hollings deficit targets. The Congress had
sought when it passed the Gramm-Rudman-Hollings Act to impose mandatory
spending caps on the Congress. During recent years, however, these
fixed budget targets have become significantly relaxed.
Mr. President, when push came to shove, the Congress allowed these
ceilings to be altered. Due to the pressure of Gramm-Rudman-Hollings on
the Congress to curtail its spending, the Congress curtailed Gramm-
Rudman-Hollings. As a result, the 1990 Budget Act was passed and new
higher targets were established.
Now, 4 years into that agreement, deficits and spending are being
allowed to spiral out of control without penalty. The outlook for the
future looks even worse: massive cuts in defense, huge tax increases,
and an increase in domestic spending. The problem of the deficit,
although often mentioned in high political rhetoric, is not addressed
and allowed to grow.
the line-item veto as part of the solution: process reform
The only solution to our budgetary problems and our profligate
spending habits is substantial process reform. One key aspect of
that process reform must be the line-item veto. Mr. President for those
who say there is no need for the line-item veto, I implore you to open
your eyes to the facts. Like all addicts, we are afraid to admit our
own problem.
But others have recognized our problems.
Ross Perot on Good Morning America stated:
* * * There's every reason to believe that if you give the
Congress more money, it's like giving a friend who's trying
to stop drinking a liquor store. The point is they will spend
it. They will not use it to pay down the debt. If you don't
get a balanced budget amendment, if you don't get a line-item
veto for the president, we might as well take this money out
to the edge of town and burn it, because it'll be thrown
away.
Governor Clinton on Larry King Live:
We ought to have a line-item veto.
Candidate Bill Clinton in Putting People First:
Line-Item Veto. To eliminate pork-barrel projects and cut
government waste, I will ask Congress to give me the line-
item veto.
President Bill Clinton in his Inaugural Address:
Americans deserve better * * * so that power and privilege
no longer shout down the voice of the people. Let us put
aside personal advantage so that we can feel the pain and see
the promise of America. Let us give this Capitol back to the
people to whom it belongs.
According to the CATO Institute, December 9, 1992, Policy Analysis:
Ninety-two percent of the governors believe that a line-
item veto for the President would help restrain federal
spending. Eighty-eight percent of
the Democratic respondents believe the line-item veto would
be useful.
America's governors and former governors have a unique
perspective on budget reform issues. Most of them have had
practical experience with the line-item veto and balanced
budget requirement in their states. The fact that most
governors have found those budget tools useful in restraining
deficits and unnecessary government spending suggests that
they may be worth instituting on the federal level.
Additionally from the CATO Institute Study:
Keith Miller (R), former Governor, AK:
The line-item veto is a useful tool that a governor can use
on occasion to eliminate blatantly ``pork barrel''
expenditures that can strain a budget. At the same time he
must answer to the voters if he or she uses the veto
irresponsibly. It is a certain restraint on the legislative
branch.
Michael Dukakis (D), former Governor, MA:
The line item veto is helpful in stopping efforts to add
riders and other extraneous amendments to the budget bill.
L. Douglas Wilder (D), Governor, VA:
To the detriment of the federal process, the President is
not held accountable for a balanced budget. Congress takes
control over budget development with its budget resolution,
after which, the President may only approve or veto 13
appropriations bills. Without the line item veto the
President has minimal flexibility to manage the federal
budget after it is passed.
S. Ernest Vandiver (D), former Governor, GA:
Tremendous tool for saving money.
Ronald Reagan (R), former Governor, CA, former President:
When I was governor in California, the governor had the
line-item veto, and so you could veto parts of a bill. The
President can't do that. I think, frankly--of course, I'm
prejudiced--government would be far better off if the
President had the right of line-item veto.
The U.S. Chamber of Commerce:
supports the McCain bill or similar legislation providing for
line item veto/enhanced rescission authority, as a means of
curbing excessive and wasteful government spending, to
provide for better prioritization of scarce resources, and to
encourage deficit reduction without tax increases.
the greater threat of inaction
Mr. President, many have characterized this legislation as a
dangerous ploy, not as a true budgetary reform. This is not accurate
and does not take into account the greater picture of the dangers
presented by our out of control budget process.
What is dangerous is what is happening to the effective
administration of the American Government. Pork-barrel spending is
threatening our national security and consuming resources that could
better be spent on tax cuts, deficit reduction, or health care.
I do not make the charge that pork-barrel spending is threatening our
national security without a great deal of consideration. After last
year's defense appropriation bill, it is unfortunately clear how
dangerous pork-barrel spending can be to our national security. It
should now be clear how urgent the need for the line-item veto is.
At a time when thousands of men and women who volunteered to
serve their country have to leave military service because of
changing priorities and declining defense budgets, we nonetheless are
able to find money for $6.3 billion of pork in the defense
appropriation bill. At a time when we need to restructure our forces
and manpower to meet our post-cold war military needs, we squandered
$6.3 billion of pointless projects with no military value like engines
that will never by used, military museums, studies of military stress
on families, military physical fitness centers, and even
supercomputers. This $6.3 billion of pork is impairing our national
security and harming our society.Mr. President, every Congressman or
Senator wants to get projects for his or her district. It is an
institutional problem. I am not a saint. There are no saints in the
City of Satan, but I am trying. I am trying to change a system that has
failed. I am trying to make a difference. I am not here to cast
aspersions on other Senators who secured pork-barrel projects for their
States. I am not here to start a partisan fight.
I am here trying to reform Congress. It is a Congress that has piled
up $3.7 trillion in debt. It is a Congress that is responsible for a
$400 billion deficit this year. It is a Congress that has miserably
failed the American people. It is an institution that desperately needs
reform.
[[Page S100]] Anyone who feels that the system does not need reform
need only examine the trend in level of our public debt. As I have
stated in my analysis of the most recent budget plans, the deficit has
continued to grow and spending continues to increase. In 1960, the
Federal debt held by the public was $236.8 billion. In 1970, it was
$283.2 billion. In 1980, it was $709.3 billion. In 1990, it was $3.2
trillion, and it is expected to surpass $4 trillion this year.
My colleagues may ask: Why is the line-item veto so important?
Because a President with a line-item veto could held stop the waste.
Because a President with a line-item veto could play an active role in
ensuring that valuable taxpayer dollars are spent effectively to meet
our national security needs, our infrastructure needs, and other social
needs without pointless pork-barrel spending.
According to a recent General Accounting Office [GAO] study, $70
billion could have been saved between 1984 and 1989, if the President
had a line-item veto.
It is important because it can help reduce the deficit. It can change
the way Washington operates. Mr. President, we cannot turn a blind eye
to unnecessary spending when we cannot meet the needs of our service
men and women. We cannot tolerate this kind of waste when Americans all
over this country are experiencing economic hardship and uncertainty.
We cannot ignore the line-item veto, when it is self-evident how
effective it could be in reducing the deficit. We cannot ignore any
method of saving the taxpayer's hard-earned money.
The $6.3 billion of pork in the defense appropriation bill is not an
insignificant sum. $6.3 billion would pay for the personnel and
operating costs of 19,000 enlisted personnel in the Air Force for 1
year. It would pay for the operating costs of up to 16 carrier battle
groups for 1 year. It would pay for the operating costs of eight to
nine fully armored army divisions. It would pay for the operating costs
of 14 to 15 light infantry divisions for 1 year. It would pay for the
total operation of the soon to be closed Williams Air Force Base in
Arizona for 50 years.
The American public deserves better than business as usual. As their
elected representatives we have an obligation to end the practice of
pork-barrel spending.
return to the views of the founding father and the constitution
Mr. President, let me remind my colleagues that a President empowered
with a veto is the system designed by the Founding Fathers. It was not
considered a threat to our republican form of government by the Framers
of the Constitution.
This bill in no way alters or violates any of the principles of the
Constitution. It preserves wholly the right of the Congress to control
our
Nation's purse strings--a trust the Congress has often violated. This
legislation, however does further the concept of checks and balances
which is the heart of our divided government.
The veto was designed by the Founding Fathers to ensure that the
President had some authority to reign over an unruly legislature. As
grade schools learn, the veto is an important aspect of the
Constitution. At the same time, these school children learn that the
Congress has the right to override the President. This bill does
nothing more than embrace that Constitutional tenet.
On the subject of the veto, according to Alexander Hamilton in
``Federalist No. 73'' the views of the Founding Fathers on executive
veto power are as follows:
It [the veto] not only serves as a shield to the executive,
but it furnishes an additional security against the inaction
of improper laws. It establishes a salutary check upon the
legislative body, calculated to guard the community against
the effects of faction, precipitancy, or any impulse
unfriendly to the public good, which may happen to influence
a majority of that body.
Given Congress' predilection for unfunded and/or pork barrel
spending, omnibus spending bills, and continuing resolutions, it would
seem only prudent and constitutional to provide the President with
functional veto power.
The President must have more than the option of vetoing a spending
bill and shutting down Government or simply submitting to congressional
coercion.
Mr. President, let me emphasize that this bill is also known as
enhanced rescission power. The Congress is not transferring power. We
are proposing an end to business as usual. The taxpayer needs
protection.
Furthermore, this strictly defined and limited line-item veto will
not
fundamentally upset the balance of power between the executive and
legislative branches. And, it is consistent with the values expressed
in our Federation Constitution.
Mr. President, criticism of the line-item veto has not stopped with
the unfounded charge of upsetting the delicate balance of power between
the President and Congress. Opponents claim that it would give the
President the power to coerce the Congress. That is not true.
This measure in no way tips the checks and balance system so
carefully crafted into the Constitution. The President is given very
limited power by this bill. It is limited to appropriation bills and
only for a limited time after their passage. Congress is guaranteed the
opportunity to quickly overturn the President's rescissions. Opponents
may hide behind the charge of coercion, but Congress would not submit
to presidential extortion. They would expose the President's coercion,
and overturn any offensive rescission.
Charges that the President would abuse this power are also misleading
and unfounded.
Again, I will rely upon Alexander Hamilton, who posed this question
to his contemporaries in ``Federalist No. 73'':
If a magistrate so powerful and so well fortified as a
British monarch would have scruples about the exercise of the
power under consideration, how much greater caution may be
reasonably expected in a President of the United States,
clothed for the short period of four years with the executive
authority of government wholly and purely republican?''
To summarize, this legislation will merely require the Congress to
recognize the President's rescissions, and help reduce wasteful
spending. It is not a means for Presidential abuse, but a means to end
congressional abuse. It will give the President limited power in
controlling spending and reducing the deficit. It should be self-
evident to all Senators that controlling spending is something that the
Congress is completely unable to do. I bring to the Senate's attention
the $3.7 trillion
public debt as irrefutable proof of our inability to control spending.pr
esidential power used to implement budgetary reform
This inability to control spending was aggravated in 1974 by the
Budget Control and Impoundment Act. If opponents of the line-item veto
are in search of a dangerous transfer of political power, they can end
their search with that power grab by Congress.
Specifically, the Budget Control and Impoundment Act of 1974 weakened
executive power by allowing the Congress the legal option of ignoring
the spending cuts recommended by the President through simple inaction.
Since 1974, the Congress' attitude toward Presidential rescission has
become one of near total neglect.
For example, President Ford proposed 150 rescissions, and Congress
ignored 97. President Carter proposed 132 rescission, and Congress
ignored 38. President Reagan proposed 601 recissions, and Congress
ignored 384. President Bush has proposed 47 rescissions, and Congress
ignored 45.
If the Congress had accepted the 564 Presidential rescissions that it
has ignored since 1974, $40.4 billion would have been saved. This is
not a trivial sum to a taxpayer, even if it is to a hardened Washington
veteran.
The practice of ignoring Presidential rescissions is in contrast to
the practice prior to the power grab by Congress in 1974.
Presidents Truman, Eisenhower, Kennedy, Johnson, and Nixon all
impounded funds that Congress had appropriated for line-item projects.
In the most telling example of Presidential impoundment as a means of
controlling spending, President Johnson impounded $5.3 billion for many
of his Great Society programs during the Vietnam war to quell
inflation.
These modern Presidents were not alone in their exercise of
rescission power. In 1801, President Jefferson refused to spend $50,000
on gunboats as
[[Page S101]] appropriated by Congress. He, of course, had good
reason. When the gunboats were appropriated, a war with Spain was
considered imminent. The war never materialized, and the threat posed
by Spain ebbed. Circumstances changed, and Jefferson thought it was
within his power to eliminate this unnecessary spending.
The money for gunboats was not spent, and money was not appropriated
in 1802 for the gunboats.
Clearly, the Union did not fall because the President refused to
waste taxpayers' money.
Until 1974, our Presidents had the power to decide whether
appropriated moneys should be spent or not.
Thus, whether through rescission, impoundment, or deferral, the
executive branch had a significant role in spending control prior to
the Budget Control and Impoundment Act of 1974.
Again, Alexander Hamilton in ``Federalist No. 73'' sheds light on the
role of executive veto power in our system of checks and balances:
When men, engaged in unjustifiable pursuits, are aware that
obstructions may come from a quarter which they cannot
control, they will often be restrained by the apprehension of
opposition from doing what they would with eagerness rush
into if no such external impediments were to be feared.
``Those opposed to this amendment should consider that pithy
statement, and question whether they may be simply defending
``unjustifiable pursuits'' like bovine flatulence studies,
Abraham Lincoln Research and Interpretative Centers,
unauthorized spending, or projects that ``demonstrate methods
of eliminating traffic congestions.
Let me return to the broader picture of process reform. Many
opponents claim that a President with line-item veto authority would
not have any real ability to balance the budget or even significantly
reduce the deficit. I will make no claims that this bill is the answer
to all our budgetary problems.
As I earlier stated, the line-item veto is only one of many needed
tools in our efforts to win the war. With roughly 1 trillion of
entitlement spending in a budget of $1.5 trillion, it is clear that a
line-item veto won't be the tool that solves all of our fiscal
difficulties. Only a Congress with a political will not characteristic
of recent Congress' will be able to balance the budget.
But, a President dedicated to restraining Federal spending could use
line-item veto power as an effective toll to reduce Government spending
and move closer to a balanced budget than we are today.
The GAO study makes my point. A President with line-item veto
authority could have saved the American taxpayer $70 billion since
1974.
A determined President may not be able to balance the budget--only
the voters can ultimately control Congress--but a determined President
could make substantial progress toward real spending reduction.
A President with line-item veto authority could have played an active
role in deficit reduction, and could have mitigated some of the fiscal
dilemma our Nation now faces.
As we continue to face enormous budget deficits and annually search
for ways to reduce spending, it seems self-evident that there is a
place in our budget process for a President empowered with a line-item
veto to provide the needed discipline to eliminate waste. With our
public debt expected to approach $3.9 trillion this year and our Gross
Domestic Product or roughly $5.7 trillion, it is obvious that our debt
may soon surpass our output.
With that in mind, I hope the Senate would consider the following
quote by a prescient figure in the Scottish Enlightenment, Alexander
Tytler. He stated:
A democracy cannot exist as a permanent form of government.
It can exist only until a majority of voters discover that
they can vote themselves largesse out of the
public treasury. From that moment on, the majority always
votes for the candidate who promises them the most benefit
from the public treasury, with the result being that
democracy always collapses over a loose fiscal policy.
If our debt surpasses our output, I fear that our democracy may just
collapse over loose fiscal policy.
Mr. President, we must recognize our responsibility to change as the
times dictate. We have sought to remedy what ails the budget process in
the past. As I have sought to do here, it is time we re-examine that
history. And Mr. President, I am convinced that a real examination of
that history reveals that if we are to get our fiscal house in order we
must change the process.
It is not an embarrassment to do so. And to do so should not be
interpreted by anyone as a method to affix blame for our current
deficit. As the President stated at his State of the Union Address,
there is plenty of blame to go around. Now is the time to start anew.
Now is the time to throw out games and gimmicks and embrace truth in
budgeting. Now is the time to accept the facts as they are, and move
forward. Now is the time to play straight with the process and fix it
where we can fix it, embrace the positive aspects, and throw out those
aspects of the process which are not serving us well.
This bill represents progress and change. The only threat it
represents is to the power of the Appropriations Committee. On the
other hand, inaction on budget process reform represents a threat to
American democracy. I ask my colleagues to carefully weigh these
threats before as they consider this their position.
Lastly, let me emphasize again that this legislation is not radical,
extreme, or dangerous. For nearly 200 years our Nation's Presidents had
some form of impoundment or line-item veto power. For nearly 20 years
now this power has been out of balance.
I give credit to those who tried to change the system. I give credit
to those who believe passionately on this issue and will was eloquently
on the Senate floor on this subject. I believe their efforts were well
intended, but all the arguments cannot hide the fatal flaw that the
system as it now exists is not functioning properly. History now tells
us it is time to change again and give the President the authority that
43 Governors possess. It is time to give the President the line-item
veto.
This bill is only a small step, but one in the right direction. I
urge my colleagues to support this measure.
______
By Mr. DOLE (for himself, Mr. Helms, Mr. Thurmond, Mr. Cohen, Mr.
Warner, Mrs. Hutchison, Mr. McCain, Mr. Lott, Mr. Nickles, and
Mr. Mack):
S. 5. A bill to clarify the war powers of Congress and the President
in the post-cold war period; to the Committee on Foreign Relations.
THE PEACE POWERS ACT OF 1995
Mr. DOLE. Mr. President, today I am pleased to stand with Senators
Helms, Thurmond, Hatch, Cohen, Warner, Hutchison, McCain, Lott, and
Nickles to introduce the Peace Powers Act of 1995.
Twenty-two years ago, I voted for S. 440, the War Powers Act of 1973.
The act passed 72-18. Only 2 of those 18 Senators are serving in the
104th Congress: The chairman of the Foreign Relations Committee,
Senator Helms, and the chairman of the Armed Services Committee,
Senator Thurmond. The conference report later passed, and President
Nixon's veto was overridden. On each of those votes, I was in the
majority while Senator Helms and Senator Thurmond were in the minority.
After two decades, I now admit they were right, and I was wrong.
Today, on the first day of the 104th Congress, I am introducing
legislation to repeal the War Powers Resolution. War Powers was an
admirable effort. It was enacted in the aftermath of a divisive war. It
was an attempt to prevent more ``Vietnams.'' But the War Powers
Resolution did not end division between the executive and legislative
branch--it provided a focus for such division and may have actually
increased disputes between the branches. In my view, the focus was
unhealthy: automatic termination of American troop deployments if
Congress did not act. Congress spent hours debating ``imminent
hostilities'' and other definitional matters--rather than the important
policy issues relating to war and peace.
I have always believed that Congress has an important and central
role in the decisions of war and peace. I believe any President should
work to get Congress behind decisions to use force as early as
possible. That's what President Bush did in 1991 before the war in the
Persian Gulf.
S. 5 repeals the War Powers Act. S. 5 adds back into law the War
Powers provisions on consultation and reporting, provisions which have
worked reasonable well. When an American President
[[Page S102]] acts in defense of American interests, the President
should have all the flexibility provided in the Constitution--not be
subject to an automatic withdrawal ``trigger'' or a 60-day time clock.
S. 5 also addresses another aspect of the U.S. involvement in the
post-cold war world: U.N. peacekeeping. S. 5 imposes significant new
limits on peacekeeping policies which have jeopardized American
interests, squandered resources--and cost lives. S. 5 limits the
placing of American troops under foreign command. S. 5 also requires
U.N. assessments for peacekeeping be reduced by the mount spent by the
Department of Defense in direct or indirect support of peacekeeping
activities. This addresses the absurd situation where the United States
spends billions on Somalia, for example, and then receives a bill from
the United Nations for millions more--as an assessment for our share of
peacekeeping.
S. 5 addresses the out of control deficit voting which has occurred
in the United Nations. S. 5 requires the administration to tell
Congress how it will pay for peacekeeping operations before they vote
for such operations and incur any obligation. S. 5 also makes clear
that no resources can be committed in New York which have not been
appropriated by Congress. The Congress is a little tired of being told
we owe arrearages which the administration has made no efforts to
finance. S. 5 says if you cannot pay for it, don't vote for it.
Finally, S. 5 reaffirms Congress' commitment to the reduction of the
U.S. assessment for U.N. peacekeeping to 25 percent--even if the United
Nations tries to change U.S. interest or penalties.
S. 5 will be the subject of many hearings--in Foreign Relations, in
Armed Services, and perhaps in other committees. Maybe certain
provisions can be improved in the course of our review. I ask that a
summary of the provisions of S. 5 be printed in the Record at the
conclusion of my remarks.
There being no objection, the material was ordered to be printed in
the Record as follows:
S. 5
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 ``Peace Powers Act of 1995''.
SEC. 2. REPEAL OF THE WAR POWERS RESOLUTION.
(a) War Powers Resolution.--The War Powers Resolution
(Public Law 95-148; 50 U.S.C. 1541 et seq.) is repealed.
(b) Conforming Repeal.--Section 1013 of the Department of
State Authorization Act, Fiscal Years 1984 and 1985 (50
U.S.C. 1546a) is hereby repealed.
SEC. 3. CONSULTATION.
The President in every possible instance shall consult with
Congress before introducing United States Armed Forces into
hostilities or into situations where imminent involvement in
hostilities is clearly indicated by the circumstances, and
after every such introduction shall consult regularly with
the Congress until United States Armed Forces are no longer
engaged in hostilities or have been removed from such
situations.
SEC. 4. REPORTING.
(a) Initial Reports.--In the absence of a declaration of
war, in any case in which United States Armed Forces are
introduced--
(1) into hostilities or into situations where imminent
involvement in hostilities is clearly indicated by the
circumstances;
(2) into the territory, airspace, or waters of a foreign
nation, while equipped for combat, except for deployments
which relate solely to supply, replacement, repair, or
training of such forces; or
(3) in numbers which substantially enlarge United States
Armed Forces equipped for combat already located in a foreign
nation;
the President shall submit within 48 hours to the Speaker of
the House of Representatives and to the President pro tempore
of the Senate a report, in writing, setting forth--
(A) the circumstances necessitating the introduction of
United States Armed Forces;
(B) the constitutional and legislative authority under
which such introduction took place; and
(C) the estimated scope and duration of the hostilities or
involvement.
(b) Additional Information.--The President shall provide
such other information as the Congress may request in the
fulfillment of its constitutional responsibilities with
respect to committing the Nation to war and to the use of
United States Armed Forces abroad.
(c) Periodic Reports.--Whenever United States Armed Forces
are introduced into hostilities or into any situation
described in subsection (a) of this section, the President
shall, so long as such armed forces continue to be engaged in
such hostilities or situation, report to the Congress
periodically on the status of such hostilities or situation
as well as on the scope and duration of such hostilities or
situation, but in no event shall he report to the Congress
less often than once every 6 months.
SEC. 5. LIMITATION ON PLACEMENT OF UNITED STATES ARMED FORCES
UNDER FOREIGN COMMAND FOR A UNITED NATIONS
PEACEKEEPING ACTIVITY.
Section 6 of the United Nations Participation Act (22
U.S.C. 287d) is amended to read as follows:
``Sec. 6. (a) Any special agreement or agreements
negotiated by the President with the Security Council
providing for the numbers and types of United States Armed
Forces, their degree of readiness and general locations, or
the nature of facilities and assistance, including rights of
passage, to be made available to the Security Council for the
purpose of maintaining international peace and security in
accordance with Article 43 of the United Nations Charter,
shall be subject to the approval of the Congress by Act or
joint resolution.
``(b) The President may not subordinate to the command or
operational control of any foreign national any element of
the United States Armed Forces participating in any United
Nations peacekeeping activity unless--
``(1) the President satisfies the requirements of
subsection (c); or
``(2) the Congress enacts an Act or joint resolution
specifically authorizing such subordination.
``(c)(1) The requirements referred to in subsection (b)(1)
are that the President submit to the designated congressional
committees (at the time specified in paragraph (2) of this
subsection) the following documents:
``(A) A determination by the President that--
``(i) the proposed subordination of United States Armed
Forces to foreign command is in the national security
interest of the United States;
``(ii) the unit commanders of the United States Armed
Forces proposed for subordination to the command of foreign
nationals will at all times retain the ability to report
independently to higher United States military authorities;
``(iii) the United States will retain authority to withdraw
the United States Armed Forces from the United Nations
peacekeeping activity at any time and to take action it
considers necessary to protect those forces if they are
endangered; and
``(iv) the United States Armed Forces subordinated to the
command of foreign nationals will at all times remain under
United States administrative command for such purposes as
discipline and evaluation.
``(B) The justification for the determination made pursuant
to subparagraph (A)(i).
``(C) A memorandum of legal points and authorities
explaining why the proposed foreign command arrangement does
not violate the Constitution.
``(2) The documents described in paragraph (1) shall be
submitted to the appropriate congressional committees not
less than 15 days before any element of the United States
Armed Forces is subordinated to the command and control of a
foreign national, except that if the President determines
that an emergency exists which prevents compliance with the
requirement that notice be provided 15 days in advance, those
documents shall be submitted in a timely manner but no later
than 48 hours after such subordination.
``(d) For purposes of this section, the term `appropriate
committees of Congress' means--
``(1) the Committee on National Security, the Committee on
Appropriations, and the Committee on International Relations
of the House of Representatives; and
``(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.''.
SEC. 6. REDUCTION OF UNITED NATIONS ASSESSMENTS TO THE UNITED
STATES FOR PEACEKEEPING OPERATIONS.
(a) Annual Report.--The President shall, at the time of
submission of the budget to Congress for any fiscal year,
submit to the appropriate committees of Congress a report on
the total amount of funds appropriated for national defense
purposes for any fiscal year after fiscal year 1995 that were
expended during the preceding fiscal year to support or
participate in, directly or indirectly, United Nations
peacekeeping activities. Such report shall include a
breakdown by United Nations peacekeeping operation of the
amount of funds expended to support or participate in each
such operation.
(b) Limitation.--In each fiscal year beginning with fiscal
year 1996, funds may be obligated or expended for payment to
the United Nations of the United States assessed share of
peacekeeping operations for that fiscal year only to the
extent that such assessed share exceeds the total amount
identified in the report submitted pursuant to subsection (a)
for the preceding fiscal year, reduced by the amount of any
reimbursement or credit to the United States by the United
Nations for the costs of United States support for, or
participation in, United Nations peacekeeping activities for
that fiscal year.
(c) Definitions.--As used in this section:
(1) The term ``United Nations peacekeeping activities''
means any international peacekeeping, peacemaking, peace-
enforcing, or similar activity that is authorized by the
United Nations Security Council under chapter VI or VII of
the United Nations Charter.
[[Page S103]] (2) The term ``appropriate committees of
Congress'' means--
(A) the Committee on National Security, the Committee on
Appropriations, and the Committee on International Relations
of the House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 7. PRIOR CONGRESSIONAL NOTIFICATION OF SECURITY COUNCIL
VOTES ON UNITED NATIONS PEACEKEEPING
ACTIVITIES.
(a) Notice to Congress of Proposed United Nations
Peacekeeping Activities.--Section 4 of the
United Nations Participation Act of 1945 (22 U.S.C. 287b) is
amended--
(1) by redesignating subsection (e) as subsection (g); and
(2) by inserting after subsection (d) the following:
``(e) Notice to Congress of Proposed United Nations
Peacekeeping Activities.--(1) Except as provided in paragraph
(2), at least 15 days before any vote in the Security Council
to authorize any United Nations peacekeeping activity or any
other action under the Charter of the United Nations
(including any extension, modification, suspension, or
termination of any previously authorized United Nations
peacekeeping activity or other action) which would involve
the use of United States Armed Forces or the expenditure of
United States funds, the President shall submit to the
designated congressional committees a notification with
respect to the proposed action. The notification shall
include the following:
``(A) A cost assessment of such action (including the total
estimated cost and the United States share of such cost).
``(B) Identification of the source of funding for the
United States share of the costs of the action (whether in an
annual budget request, reprogramming notification, a
rescission of funds, a budget amendment, or a supplemental
budget request).
``(2)(A) If the President determines that an emergency
exists which prevents submission of the 15-day advance
notification specified in paragraph (1) and that the proposed
action is in the national security interests of the United
States, the notification described in paragraph (1) shall be
provided in a timely manner but no later than 48 hours after
the vote by the Security Council.
``(B) Determinations made under subparagraph (A) may not be
delegated.
``(f) Adverse Personnel Actions and Criminal Penalties.--
Any officer or employee of the United States Government who
knowingly and willfully obligates or expends United States
funds to carry out any Security Council action described in
subsection (e) without the requirements of that subsection
having been met shall be subject to the same adverse
personnel actions and criminal penalties as are described in
sections 1349 and 1350, respectively, of title 31, United
States Code (originally enacted in the Anti-Deficiency
Act).''.
SEC. 8. AVAILABILITY OF APPROPRIATIONS.
Section 4 of the United Nations Participation Act of 1945
(22 U.S.C. 2876), as amended by section 7, is further
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Availability of Appropriations.--(1) The authority to
obligate United States funds to carry out any action pursuant
to a United Nations Security Council resolution under chapter
VI or VII of the United Nations Charter may be exercised only
to the extent and in the amounts provided in appropriation
Acts.
``(2) The President, acting through the United States
Permanent Representative to the United Nations, should advise
the Security Council of the requirement of this section on
each occasion when the United States supports a Security
Council resolution that may result in United States assessed
contributions to the United Nations exceeding amounts
currently available to be obligated for that purpose.''.
SEC. 9. LIMITATION ON ASSESSMENT PERCENTAGE FOR PEACEKEEPING
ACTIVITIES.
Section 404(b)(2) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is
amended by adding at the end the following new sentence:
``Any penalties, interest, or other charges imposed on the
United States in connection with such contributions shall be
credited as a part of the percentage limitation contained in
the preceding sentence.''.
S. 5, The Peace Powers Act of 1995--January 4, 1995
Repeals War Powers Resolution of 1973 in its entirety
(section 2).
Consultation provisions added back: in advance in ``every
possible instance'' and ``regularly'' while deployment
underway (section 3, old section 3 of War Powers)
Reporting provisions added back: reports ``within 48
hours'' of deployments (section 4, old section 4 of War
Powers).
Withdrawal triggers, ``time clocks'' and expedited
procedures are gone (old sections 5-8 of War Powers, and a
post-Chadha reference)
Strict limitation on placement of U.S. troops under foreign
command for U.N. peacekeeping operations (section 5).
Provides for presidential determination to allow placing
troops under foreign command (to address constitutional
concerns).
Mandatory credit for Defense Department spending (section
6) requires U.N. assessments be reduced by the amount DoD
spent in direct or indirect support of U.N. peacekeeping
activities.
Mandatory identification of funding before votes to
establish, extend or expand peacekeeping operations (section
7) improves on current law which requires only a cost
assessment but allows ``deficit voting.'' Section 8 also
requires the President to make any determination to waive the
advance notice, and adds penalties from the Anti Deficiency
Act to votes not in accordance with this section.
Requires notice that U.S. resource commitments are subject
to Congressional appropriations (section 8), places the U.N.
on notice that the U.S. cannot commit funds which are not yet
appropriated (parallel to legislation governing international
financial institutions)
Reaffirms congressional mandate to reduce U.S. peacekeeping
assessment to 25% (section 9), despite United Nations' plans
to add late fees, penalties, etc.
______
By Mr. DASCHLE (for himself, Mr. Kennedy, Mr. Breaux, Ms.
Mikulski, Mr. Reid, Mr. Rockefeller, Mr. Dodd, Mr. Kerry, Mr.
Dorgan, and Ms. Moseley-Braun):
S. 6. A bill to replace certain Federal job training programs by
developing a training account system to provide individuals the
opportunity to choose the type of training and employment-related
services that most closely meet the needs of such individuals, and for
other purposes; to the Committee on Labor and Human Resources.
working americans opportunity act
Mr. DASCHLE. 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. 6
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Working
Americans Opportunity Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--JOB TRAINING ACCOUNT SYSTEM
Sec. 101. Establishment.
Sec. 102. Individual choice.
Sec. 103. Eligibility.
Sec. 104. Obtaining a voucher.
Sec. 105. Oversight and accountability.
Sec. 106. Eligibility requirements for providers of job training.
Sec. 107. Eligibility requirements for providers of employment-related
services.
Sec. 108. Evaluation of training account system and assistance centers.
Sec. 109. Apportionment of funds.
TITLE II--ELIMINATION OF FEDERAL JOB TRAINING PROGRAMS
Sec. 201. Elimination of programs.
Sec. 202. Authorization of appropriations.
TITLE III--INFORMATION FOR BETTER CHOICES
Sec. 301. Assistance centers.
Sec. 302. Access to labor market information.
Sec. 303. Direct loans to working Americans.
TITLE IV--REPORTS AND PLANS
Sec. 401. Consolidation and streamlining.
Sec. 402. Report relating to income support.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) increasing international competition, technological
advances, and structural changes in the economy of the United
States present new challenges to private firms and public
policymakers in creating a skilled workforce with the ability
to adapt to change and progress;
(2) a substantial number of Americans lose jobs due to the
constantly changing world and national economies rather than
cyclical downturns, with more than 2,000,000 full-time
workers permanently displaced annually due to plant closures,
production cutbacks, and layoffs;
(3) the current response of the Federal Government to
dislocation and structural employment is a patchwork of
categorical programs, with varying eligibility requirements
and different sets of services and benefits;
(4) the lack of coherence among existing Federal programs
creates administrative and regulatory obstacles that hamper
the efforts of individuals who are seeking new jobs or
reemployment;
(5) enacted in 1944, the Servicemen's Readjustment Act of
1944, popularly known as the GI Bill of Rights, helped
millions of World War II veterans, and later, Korean and
Vietnam War veterans, finance college educations and assisted
in building the middle class of the United States;
(6) restructuring the current job training system, with
respect to dislocated and disadvantaged workers, in a manner
that is
[[Page S104]] conceptually similar to the GI Bill will help
millions of Americans to become more competitive in today's
dynamic world economy in which most Americans--
(A) can expect to move to new jobs a number of times,
voluntarily or by layoff; and
(B) must upgrade their skills continuously;
(7) success in this ever-changing environment depends, in
part, on an individual's effective management of the
individual's career based on personal choice and reliable
information;
(8) there is insufficient market information and assistance
regarding access to job training opportunities that lead to
good employment opportunities;
(9) only a small fraction of individuals eligible for
current Federal job training are now served, and by removing
obstacles and layers of administrative costs, more funds will
be made available to individuals to enable such individuals
to receive the training of their choice; and
(10) while the Federal Government proceeds to create a new
marketplace for job training, the Federal Government must
also maintain its commitment to providing intensive services
to assist those individuals who are economically
disadvantaged.
(b) Purposes.--It is the purpose of this Act to--
(1) enhance the choices available to dislocated workers,
and the economically disadvantaged, who want to upgrade their
work skills and learn new skills to compete in a changing
economy;
(2) enable individuals to make choices that are best for
the careers of such individuals;
(3) replace a number of Federal job training programs and
employment-related services with a simple and direct training
account voucher system that relies on individual choice and
provides high-quality job market information;
(4) allow an individual to tailor training and education to
the personal needs of such individual so that such individual
may remain in long-term employment yet have the means to be
flexible when necessary; and
(5) create a system that provides timely and reliable
information to individuals to use to assist such individuals
in making the best choices with respect to the use of
vouchers for job training and employment-related services.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Dislocated workers.--
(A) In general.--The term ``dislocated workers'' means
individuals who--
(i) have been terminated or laid off or who have received a
notice of termination or layoff from employment, are eligible
for or have exhausted their entitlement to unemployment
compensation, and are unlikely to return to their previous
industry or occupation;
(ii) have been terminated or have received a notice of
termination of employment, as a result of any permanent
closure of or any substantial layoff at a plant, facility, or
enterprise;
(iii) are long-term unemployed and have limited
opportunities for employment or reemployment in the same or a
similar occupation in the area in which such individuals
reside, including older individuals who may have substantial
barriers to employment by reason of age; or
(iv) were self-employed (including farmers and ranchers and
fishermen) and are unemployed as a result of general economic
conditions in the community in which they reside or because
of natural disasters, subject to regulations prescribed by
the Secretary.
(B) Special rule.--The Secretary of Labor shall establish
categories of self-employed individuals and of economic
conditions and natural disasters to which subparagraph
(A)(iv) applies.
(2) Community-based organizations.--The term ``community-
based organizations'' means private nonprofit organizations
that--
(A) are representative of communities or significant
segments of communities; and
(B) provide education, training, and related services.
(3) Economically disadvantaged adult.--The term
``economically disadvantaged adult'' means an individual who
is age 18 and older and who has, or is a member of a family
that has, received a total family income (exclusive of
unemployment compensation, child support payments, and
welfare payments) that, in relation to family size, was not
in excess of the higher of--
(A) the official poverty line (as defined by the Office of
Management and Budget, and revised annually in accordance
with section 9902(2)) of title 42; or
(B) 70 percent of the lower living standard income level.
(4) Governor.--The term ``Governor'' means the chief
executive of any State.
(5) Provider.--The term ``provider'' means a public agency,
private nonprofit organization, or private for-profit entity
that delivers basic employment, educational, job training,
employment-related, or supportive services.
(6) State.--The term ``State'' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, the Commonwealth of the
Northern Mariana Islands, American Samoa, the Republic of the
Marshall Islands, the Federated States of Micronesia, and the
Republic of Palau.
TITLE I--JOB TRAINING ACCOUNT SYSTEM
SEC. 101. ESTABLISHMENT.
Not later than January 1, 1996, the Secretary of Labor and
the Secretary of Education shall jointly establish pursuant
to the requirements of this Act a job training account system
that provides vouchers to individuals for the purpose of the
provision of job training and employment-related services.
SEC. 102. INDIVIDUAL CHOICE.
(a) In General.--Upon notification of approval of an
application under section 104, an individual may receive a
voucher in the amount of $3,000 for 2-years beginning on the
date on which an application is approved under section 104.
(b) Use of Training Account Vouchers for Job Training and
Employment-Related Services.--
(1) In general.--An individual who is a recipient of a
voucher under subsection (a) may use such voucher to purchase
job training or employment-related services from providers
that meet the requirements of section 106 or 107, whichever
is applicable.
(2) Authorized job training and employment-related
services.--
(A) In general.--The job training and employment-related
services described in paragraph (1) may include--
(i) associate degree or nondegree programs at--
(I) two- and four-year colleges;
(II) vocational and technical education schools;
(III) private for-profit and not-for-profit training
organizations;
(IV) public agencies and schools; and
(V) community-based organizations;
(ii) employer work-based training programs;
(iii) job search assistance;
(iv) in the case of individuals who are economically
disadvantaged, preemployment training programs; or
(v) other appropriate employment-related services.
(B) Special rule.--A recipient of a voucher under
subsection (a) may not pay by voucher more than $750 for job
search assistance services.
SEC. 103. ELIGIBILITY.
An individual shall be eligible to receive a voucher under
this title if such individual is--
(1) a dislocated worker; or
(2) an economically disadvantaged adult.
SEC. 104. OBTAINING A VOUCHER.
(a) Application.--An individual who desires to participate
in a training account program established under this title
shall submit an application to a voucher application office
described in subsection (b)(1) at such time, in such manner,
and accompanied by such information as the Governor may
reasonably require. The Governor shall, to the extent that
appropriations are available, approve an application that
meets the application requirements of regulations issued
under section 105 and promptly notify such applicant of such
approval.
(b) State-Designated Voucher Application Offices.--
(1) Establishment.--Each State shall designate or establish
easily accessible voucher application offices within such
State to assist in administering the training account system
under this title. Such offices may be administered by private
(for-profit or not-for-profit) or public entities.
(2) Duties.--Each voucher application office shall--
(A) provide applications for vouchers under this title to
interested individuals, assist such individuals in completing
such applications, and collect completed applications for
determination of eligibility;
(B) provide performance-based information to applicants
relating to service providers eligible to receive payment by
voucher in accordance with section 106 or 107, whichever is
applicable;
(C) carry out such other duties relating to the training
account system as may be specified by the Governor or
prescribed in regulations issued jointly by the Secretary of
Labor and the Secretary of Education; and
(D) provide information on--
(i) the local economy and availability of employment;
(ii) profiles of local industries; and
(iii) details of local labor market demand.
(3) Conflict of interest standards.--The Secretary of Labor
and the Secretary of Education shall jointly issue
regulations establishing procedures to ensure that voucher
application offices that are administered by an entity that
is concurrently an eligible provider of services under the
training account system provide information to voucher
applicants relating to the other providers of services in the
local area in an objective and equitable manner.
(c) Sense of the Congress.--It is the sense of the Congress
that as States become more experienced with administering
vouchers to eligible individuals that the voucher
applications offices described in subsection (b) should be
converted to one stop assistance centers described in section
301.
SEC. 105. OVERSIGHT AND ACCOUNTABILITY.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Labor and the
Secretary of Education shall jointly issue regulations that--
(1) specify the--
(A) voucher application requirements;
(B) form of vouchers;
(C) use of such vouchers;
[[Page S105]] (D) method of redemption of such vouchers;
(E) most expeditious and effective process of distribution
(consistent with the findings and purposes of this Act) of a
voucher from the Federal Government to eligible individuals;
and
(F) the arrangements necessary to phase in the training
account system in each State in a timely manner;
(2) specify the duties and responsibilities of providers
under a training account program established by a State under
this title;
(3) include a role for a State in the oversight of such
providers of such State;
(4) specify the Federal and State responsibilities in such
oversight, including the enforcement responsibilities and the
determination of administrative costs with respect to a State
that establishes a training account program under this title;
(5) include provisions that encourage States to distribute
in a regionally balanced manner, to the extent practicable,
vouchers to individuals to purchase job training or
employment-related services in such State; and
(6) specify the manner in which economically disadvantaged
individuals will receive adequate counseling and support
services necessary to take full advantage of the voucher
assistance under this title.
(b) Public Comments.--In promulgating regulations under
subsection (a), the Secretary of Labor and the Secretary of
Education shall provide the opportunity for comment from the
public, including representatives of the business community,
workers, and community-based organizations.
SEC. 106. ELIGIBILITY REQUIREMENTS FOR PROVIDERS OF JOB
TRAINING.
(a) Eligibility Requirements.--A provider of job training
shall be eligible to receive payment by voucher under this
title if such provider--
(1) is--
(A) eligible to participate in programs under title IV of
the Higher Education Act of 1965; or
(B) determined to be eligible under the procedures
described in subsection (b); and
(2) provides the performance-based information required
pursuant to subsection (c).
(b) Alternative Eligibility Procedure.--
(1) In general.--The Governor shall establish an
alternative eligibility procedure for providers of job
training desiring to receive payment by voucher under this
title, but that are not eligible to participate in programs
under title IV of the Higher Education Act of 1965.
(2) Procedure requirements.--The procedure described in
paragraph (1) shall establish minimum acceptable levels of
performance for providers of job training based on factors
and guidelines developed jointly by the Secretary of Labor
and the Secretary of Education. Such factors shall be
comparable in rigor and scope to those provisions of part H
of title IV of the Higher Education Act of 1965 that are used
to determine an institution of higher education's eligibility
to participate in programs under such part as are appropriate
to the type of provider seeking eligibility under this
subsection and the nature of the education and training
services to be provided.
(3) Limitation.--Notwithstanding paragraph (1), if the
participation of an institution of higher education in any of
the programs under title IV of the Higher Education Act of
1965 is terminated, such institution shall not be eligible to
receive funds under this Act for a period of 2 years
beginning on the date of such termination.
(c) Performance-Based Information.--
(1) Contents.--The Secretary of Labor and the Secretary of
Education, shall identify performance-based information that
is to be submitted by providers of job training desiring to
be eligible under this section. Such information may include
information relating to--
(A) the percentage of students completing the programs
conducted by a provider of job training;
(B) the rates of licensure of graduates of the programs
conducted by such provider;
(C) the percentage of graduates of the programs conducted
by such provider that meet skill standards and certification
requirements endorsed by the National Skill Standards Board
established under section 503 of the National Skills
Standards Act of 1994;
(D) the rates of placement and retention in employment, and
earnings of the graduates of the programs conducted by such
provider;
(E) the percentage of graduates of the program conducted by
such provider who obtained employment in an occupation
related to such program conducted by such provider; and
(F) the warranties or guarantees provided by such provider
relating to the skill levels or employment to be attained by
graduates of the program conducted by such provider.
(2) Additions.--The Governor may, pursuant to the approval
of the Secretary of Labor and the Secretary of Education,
prescribe additional performance-based information that shall
be submitted by providers of job training pursuant to this
subsection.
(d) Administration.--
(1) State agency.--The Governor shall designate a State
agency to collect, verify, and disseminate the performance-
based information submitted pursuant to paragraph (1) of
subsection (c).
(2) Application.--A provider of job training desiring to be
eligible to receive funds under this title shall submit the
information required under subsection (c) to the State agency
designated under paragraph (1) at such time and in such form
as such State agency may require.
(3) List of eligible providers.--The State agency
designated under paragraph (1) shall compile a list of
eligible providers, accompanied by the performance-based
information submitted, and disseminate such list and
information to the voucher application offices described
under section 105(b)(1), assistance centers under section
301, and other appropriate entities within the State.
(4) Accuracy of information.--
(A) In general.--If the State agency determines that a
provider of training services submitted inaccurate
performance-based information under this subsection, then
such provider shall be disqualified from receiving funds
under this title for a period of 2 years beginning on the
date of such determination, unless such provider can
demonstrate to the satisfaction of the Governor or a designee
of the Governor, that the information was provided in good
faith.
(B) Appeal.--The Governor shall establish a procedure for a
provider of job training to appeal a determination by a State
agency that results in a disqualification under subparagraph
(A). Such procedure shall provide an opportunity for a
hearing and prescribe appropriate time limits to ensure
prompt resolution of the appeal.
(5) Assistance in developing information.--The State agency
designated under paragraph (1) may provide technical
assistance to a provider of job training in developing the
performance-based information required under subsection (c).
Such assistance may include facilitating the utilization of
State administrative records, such as unemployment
compensation wage records, and other appropriate coordination
activities.
(6) Consultation.--The Secretary of Labor shall consult
with the Secretary of Education regarding the eligibility of
institutions of higher education or other providers of job
training to participate in programs under this Act or under
title IV of the Higher Education Act of 1965.
SEC. 107. ELIGIBILITY REQUIREMENTS FOR PROVIDERS OF
EMPLOYMENT-RELATED SERVICES.
(a) In General.--A provider of employment-related services
shall be eligible to receive payment by voucher under this
title if such provider--
(1) is determined to be eligible under procedures described
in subsection (b); and
(2) provides the performance-based information required
pursuant to subsection (c).
(b) Procedures.--The Governor, after consultation with
local elected officials and other appropriate entities in the
State, shall establish eligibility procedures for providers
of employment-related services in such State desiring to
receive payment by voucher under this title. Such procedures
shall establish minimum acceptable levels of performance for
such providers based on factors and guidelines developed by
the Secretary of Labor.
(c) Performance-Based Information.--The Secretary of Labor
and the Secretary of Education shall identify performance-
based information that is to be submitted by providers of
employment-related services desiring to be eligible under
this section.
SEC. 108. EVALUATION OF TRAINING ACCOUNT SYSTEM AND
ASSISTANCE CENTERS.
The Secretary of Labor and the Secretary of Education shall
annually--
(1) monitor the effectiveness of the training account
system and the assistance centers established under section
301;
(2) evaluate the benefit of such system and centers to
voucher recipients under this title and the taxpayer; and
(3) submit to the appropriate committees of Congress
information obtained from such evaluation.
SEC. 109. APPORTIONMENT OF FUNDS.
(a) In General.--The Secretary of Labor and the Secretary
of Education shall, without in any way reducing the
commitment of, or the level of effort by, the Federal
Government to improve the education, employment, and earnings
of all workers and jobseekers (particularly in hard-to-serve
communities), jointly apportion funds appropriated under
section 202 to each State for each fiscal year in accordance
with subsection (b).
(b) Consideration of Factors.--
(1) In general.--An apportionment of funds under subsection
(a) shall be based on the following factors:
(A) The relative number of unemployed individuals who
reside in each State as compared to the total number of
unemployed individuals in all the States.
(B) The relative excess number of unemployed individuals
who reside in each State as compared to the total excess
number of unemployed individuals in all the States.
(C) The relative number of individuals who have been
unemployed for 15 weeks or more and who reside in each State
as compared to the total number of such individuals in all
the States.
(D) The relative number of economically disadvantaged
adults who reside in each State.
(2) Definition.--For purposes of this subsection, the term
``excess number'' means the number which represents
unemployed individuals in excess of 4.5 percent of the
civilian labor force in the State.
(c) Funds for Vouchers.--
(1) In general.--Except as provided in paragraph (2), not
less than 75 percent of funds apportioned to a State under
subsection (a) shall be made available in the
[[Page S106]] form of vouchers to individuals in the State
who are eligible under section 103.
(2) Waiver.--The Secretary of Labor may waive the
requirement under paragraph (1) for a State if--
(A) such State provides job training and employment-related
services other than the job training and employment-related
services provided through vouchers; and
(B) such services are considered by the Secretary of Labor
to be more beneficial to individuals in such State to meet
the self-determined training needs of such individuals.
(d) Nonvoucher Employment-Related Services.--
(1) In general.--The remaining balance of the funds
apportioned under subsection (a) shall be used for
employment-related services that are provided through means
other than voucher and that increase the probability that
such individuals will benefit from training and reenter the
workforce.
(2) Authorized services.--The employment-related services
described in paragraph (1) may include--
(A) skill assessments;
(B) testing;
(C) counseling;
(D) job development;
(E) work experience evaluation;
(F) job readiness training;
(G) basic skills education;
(H) supportive and supplemental services; and
(I) rapid response.
(3) Availability of services.--The services described in
paragraph (2) and any other related services may be made
available through assistance centers established under title
III.
(e) Special Rule.--The Secretary of Labor and the Secretary
of Education shall jointly determine the equitable
distribution of voucher assistance and nonvoucher assistance
under subsections (c) and (d), respectively, between
dislocated workers and economically disadvantaged adults.
TITLE II--ELIMINATION OF FEDERAL JOB TRAINING PROGRAMS
SEC. 201. ELIMINATION OF PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that
the elimination and streamlining of Federal job training
programs should be accomplished without in any way reducing
the commitment of, or the level of effort by, the Federal
Government to improve the education, employment, and earnings
of all workers and jobseekers particularly in hard-to-serve
communities.
(b) Repeals of Employment Training Programs.--
(1) In general.--The following provisions are repealed:
(A) Section 6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C.
2015(d)(4)).
(B) Section 106(b)(7) of the Job Training Partnership Act
(29 U.S.C. 1516(b)(7)).
(C) Section 123 of such Act (29 U.S.C. 1533).
(D) Section 204(d) of such Act (29 U.S.C. 1604(d)).
(E) Part A of title II of such Act (29 U.S.C. 1601 et
seq.).
(F) Section 302(c) of such Act (29 U.S.C. 1652(c)).
(G) Part A of title III of such Act (29 U.S.C. 1661 et
seq.).
(H) Sections 321 through 324 of such Act (29 U.S.C. 1662
through 1662c).
(I) Section 325 of such Act (29 U.S.C. 1662d).
(J) Section 325A of such Act (29 U.S.C. 1662d-1).
(K) Section 326 of such Act (29 U.S.C. 1662e).
(L) Sections 301 through 303 of such Act (29 U.S.C. 1651 et
seq.).
(M) Subtitle C of title VII of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11441 et seq.).
(N) The Displaced Homemakers Self-Sufficiency Assistance
Act (29 U.S.C. 2301 et seq.);
(O) Section 43 of the Airline Deregulation Act of 1978 (49
U.S.C. App. 1552)
(P) Title II of Public Law 95-250 (92 Stat. 172).
(2) Effective date.--The repeals made by paragraph (1)
shall take effect on January 1, 1996.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
Act for fiscal years 1996, 1997, and 1998 the same level of
funds that were appropriated for the programs described in
section 201(b) for fiscal year 1995.
TITLE III--INFORMATION FOR BETTER CHOICES
SEC. 301. ASSISTANCE CENTERS.
(a) Establishment.--
(1) In general.--A State may, with the funds made available
under section 109(d), make arrangements with private or
public entities to establish assistance centers to provide
voucher recipients under title I, jobseekers, employers, and
workers information and employment-related services to
increase the probability that such individuals will benefit
from job training and make better use of other Federal job
training assistance. An assistance center may serve as the
location where individuals may apply to become eligible for
voucher assistance under title I.
(2) Location.--An assistance center may be located within
an existing unemployment office.
(3) Public consultation.--A State that desires to establish
an assistance center is encouraged to consult the public,
including the business community, and workers, regarding the
choice of services to be made available and the location of
such center.
(b) Available Information.--The information made available
to individuals described in subsection (a) shall include data
on--
(1) the local economy and availability of employment;
(2) profiles of local industries;
(3) details of local labor market demand;
(4) local demographic and socioeconomic characteristics;
(5) the performance of training and education providers;
and
(6) private support service providers.
(c) Employment-Related Services.--The employment-related
services available to individuals described in subsection (a)
may include--
(1) counseling;
(2) skills and employability assessment;
(3) job referral; and
(4) child care.
(d) Other Services.--The Governor shall make available
through the assistance centers information on and provide
referrals to other Federal and State job training and
employment-related service programs.
SEC. 302. ACCESS TO LABOR MARKET INFORMATION.
(a) Findings.--The Congress finds that accurate, timely,
and relevant data regarding employment, training, job skills,
and education opportunities are useful for individuals making
choices about the careers of such individuals.
(b) Authority.--
(1) In general.--The Secretary of Labor and the Secretary
of Education are authorized to make arrangements with public
or private entities to develop and provide relevant labor
market information to interested individuals, including
voucher recipients under title I, jobseekers, employers, and
workers.
(2) Type of information for collection.--The types of
information to be developed and provided under paragraph (1)
shall include the following:
(A) Regional labor market demand.
(B) Regional employment opportunities.
(C) Regional industries and employers.
(D) Demographic, socioeconomic, and economic
characteristics of particular regions.
SEC. 303. DIRECT LOANS TO WORKING AMERICANS.
(a) Findings.--The Congress finds that the Federal Direct
Student Loan Program authorized by part D of title IV of the
Higher Education Act of 1965, is a valuable financing tool
for working Americans who desire to take advantage of
training and education programs, consistent with the goals of
such Americans, to learn new skills for careers that may
bring higher salaries and improved quality of life.
(b) Awareness.--The Department of Education shall endeavor
to make known the value and availability of direct loans
through the Federal Direct Student Loan Program under part D
of title IV of the Higher Education Act of 1965 through
cooperative arrangements with training and educational
training programs, assistance centers, State agencies, and
other Federal agencies.
TITLE IV--REPORTS AND PLANS
SEC. 401. CONSOLIDATION AND STREAMLINING.
(a) Report on Consolidating Noncovered Federal Job Training
Programs.--Not later than January 1, 1996, and each year
thereafter, the Secretary of Labor and the Secretary of
Education shall jointly prepare and submit to Congress a
report on how additional Federal job training programs not
covered by this Act can be consolidated into a more
integrated and accountable workforce development system that
better meets the needs of jobseekers, workers, and business.
(b) Plan on Use of Common Definitions, Measures, Standards,
and Cycles.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor and the
Secretary of Education shall jointly develop a plan that,
wherever practicable, requires all Federal job training
programs not covered by this Act to use common definitions,
common outcome measures, common eligibility standards, and
common funding cycles in order to make such training programs
more accessible.
SEC. 402. REPORT RELATING TO INCOME SUPPORT.
(a) Sense of Congress.--It is the sense of the Congress
that--
(1) many dislocated workers and economically disadvantaged
adults are unable to enroll in long-term job training because
such workers and adults lack income support after
unemployment compensation is exhausted;
(2) evidence suggests that long-term job training is among
the most effective adjustment service in assisting dislocated
workers and economically disadvantaged adults to obtain
employment and enhance wages; and
(3) there is a need to identify options relating to how
income support may be provided to enable dislocated workers
and economically disadvantaged adults to participate in long-
term job training.
(b) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor shall submit to
the Congress a report that--
(1) examines the need for income support to enable
dislocated workers and economically disadvantaged adults to
participate in long-term job training;
(2) identifies options relating to how income support can
be provided to such workers and adults; and
[[Page S107]] (3) contains such recommendations as the
Secretary of Labor determines are appropriate.
Mr. KENNEDY. Mr. President, I join today with the distinguished
Minority Leader, Senator Daschle, in co-sponsoring legislation critical
to the health and economy of this Nation and to working families across
this country.
I applaud Senator Daschle for the Democratic priorities set forth in
the legislation he has introduced on this, the first day of the 104th
Congress. As I traveled across Massachusetts over these past few
months, it was clear that the priorities of the people are jobs and the
economy, health care and education. These are their priorities, they
are my priorities and they are the priorities shared by the Democratic
leadership in the Senate, House, and White House.
I look forward to working together with the new Republican
leadership. The challenges facing our Nation are not Republican or
Democrat, and they require a bipartisan response.
The health care crisis continues to be our greatest challenge and
must be our highest priority. To carry on the work begun in the last
Congress, I join in co-sponsoring the Affordable Health Care for All
Americans Bill.
The crisis in health care has not gone away. Last year the number of
Americans without health insurance coverage increased by another
million. The rise in the nation's health spending was close to $100
billion. The escalating cost of Medicare and Medicaid continues to
undermine our efforts to control the deficit. Worst of all, millions of
families across the country have no confidence that the health
insurance that protects them today will be there for them tomorrow if
serious illness strikes.
It is not surprising that surveys find that Americans rank health
care reform as a top priority for the new Congress. Every Member of the
Senate has heard from hundreds, if not thousands, of Americans who have
been devastated by uninsured illness. Every Member of the Senate has
talked to hundreds of business owners, large and small, who say that
uncontrolled health care costs are eating away at profits, decreasing
competitiveness, and taking money away from needed wage increases.
Every Member of the Senate knows that the tough choices we face to put
our fiscal house in order would be immeasurably easier if health care
costs were going up only as fast as the other parts of our economy.
Every Member of the Senate knows that a major reason wages and living
standards have stagnated for more than a decade is the continuing rise
in health care costs. And every Member of the Senate knows that, once
the political rhetoric and the disagreement over specifics is stripped
away, the sickness in our health care system cannot be cured without
decisive government action.
At its best, health care in the United States is superb. But the
system we have created to pay for that care is a nineteenth century
horse and buggy unsuited for America today. The dishonor roll of the
gaps in our health care system is a long one.
Insurance companies selling health insurance to small businesses and
individuals almost universally apply pre-existing condition exclusions
to the coverage they sell. That means you are not covered for treatment
of the very health condition most likely to make you sick. More than 80
million Americans have pre-existing conditions that could be subject to
this kind of exclusion if they have to change insurance policies.
In our non-system of health insurance financing, there is no
guarantee of coverage or renewability. If you have a pre-existing
condition, there is no guarantee you can buy coverage at any price. If
you have coverage and become sick, there is nothing to keep your
insurer from raising your premium out of sight or canceling your
coverage. To avoid high risks, insurance companies redline whole
neighborhoods, occupations, and businesses, and deny the chance for any
protection at all.
Those who seem to have good coverage often find themselves without
the protection they need when they read the fine print. They face
lifetime limits on coverage, or an exclusion of the very service that
is most important. Insurance that provides good coverage when you
become sick often does little to encourage the preventive care that can
keep you well.
Often, even if good coverage is available, it is not affordable. With
good family plans costing $5,000 or $6,000 or more, too many Americans
are priced out of the coverage they need. Few families, no matter how
hard they work, can afford adequate health insurance if their employer
does not contribute to the cost. That is why more than 30 million of
the uninsured are members of working families. The breadwinners in
these families work hard--40 hours a week, 52 weeks a year--but all
their hard work cannot buy the protection they need for themselves and
their loved ones, because their employer will not share in the cost.
Families that have coverage today are only one pink slip away from
losing it, or one management decision away from its cancellation or
reduction.
Senior citizens and younger people with disabilities face two huge
gaps in the system of retirement security that Medicare and Social
Security are supposed to guarantee. They lack affordable coverage for
the cost of long-term care and prescription drugs.
The cost of health care in America is out of control. Per person, we
pay more than any other industrialized country--40 percent more than
the Canadians, twice as much as the Germans and Japanese. The rapid
escalation in the cost of health care is robbing American families of
the wage gains they need to fulfill the American dream. It is a cancer
on our economic future.
Last year we came closer than ever before to finally making the right
to health care a reality for all Americans. Theodore Roosevelt first
proposed a national health plan more than 80 years ago. President Bill
Clinton and First Lady Hillary Clinton put this issue on the national
agenda at a level of intensity that has never before been achieved.
Four committees of Congress reported out bills guaranteeing coverage to
every American. For the first time in our Nation's history,
comprehensive health reform was debated on the floor of the Senate. And
up to the last days of the session, a bipartisan coalition in the
Senate struggled to shape a compromise that could break the gridlock.
As I have said many times, if it was easy, it would have been
accomplished long ago. It took four separate votes in successive
sessions of Congress before Medicare was finally approved.
Our challenge is to pass a program that will meet the test of real
reform--guaranteed, affordable, comprehensive coverage for every family
and control of health care costs. Senator Daschle's bill demonstrates
the high priority that our party gives to such reform and provides a
basis for constructive action. His bill includes important insurance
reforms. It will bring affordable health insurance for children within
reach of millions of American families, and provide special help for
temporarily unemployed workers who lose their coverage when they lose
their job. It also provides 100 percent deductibility for small
businesses, and addresses other important problems. I look forward to
working with members on both sides of the aisles in passing this kind
of down payment legislation this year.
As we look to the future, we must keep our eye on the ultimate
objective: to assure that every family in America is guaranteed the
basic right to health care. Every member of Congress has that
guarantee. Every Canadian has it. Every French citizen has it. Every
German has it. Every Japanese has it. In fact, every citizen of every
other industrialized country except South Africa has it. It is time for
us to give every family in America the peace of mind of knowing that
uninsured illness will never turn their American dream into a
nightmare.
I am also proud to join the Minority Leader in cosponsoring the
Working Americans' Opportunity Act, and I also commend Senator Breaux
for his effective work in shaping this legislation.
Given today's rapidly changing economy, one of the top priorities of
this Congress must be to reform and streamline existing job training
programs to ensure that they provide realistic opportunities for
workers to upgrade skills and increase their earning power over the
course of their careers.
As we modernize our job training system, we must not, in any way,
retreat
[[Page S108]] from the commitment that we have made to provide the
basic skills and supports which make it possible for jobseekers and
workers to actively participate in the labor market.
We need to respond to the new and powerful economic forces which are
making labor markets more uncertain for the middle class. As a result
of increased international competition, rapid technological change and
reductions in defense, many men and women already in the labor force
must be retrained to improve their skills and enable them to continue
in productive careers. In the evolving modern economy, this kind of
retraining may be needed more than once, and often several times over
the course of people's careers.
A more flexible job training system is essential to respond to the
ever-expanding number of two-income families and families with single
heads of households who face the difficult challenge of balancing work
and family responsibilities.
Over the past decade many private businesses have taken steps to re-
engineer their operations to deal with the profound changes taking
place in our economy. It is clearly time for the Federal Government to
act as well, to improve the return we are receiving from the funds we
invest in job training and to give workers a greater opportunity to
succeed.
The Working American's Opportunity Act, S. 6, begins the important
process of streamlining the existing complex job training system, in
order to create more accessible, more effective, and more
understandable assistance for workers.
Vouchers modeled on the G.I. Bill that transformed this Nation after
World War II will be available for workers to select training programs
most suited to their needs. States will be encouraged to establish
``one-stop-shopping'' centers for career counseling, job search
assistance and performance assessments of training programs. To insure
that
workers have the most up-to-date information on emerging jobs and the
skills required, national labor market information will be available.
Taken together, these changes are excellent steps toward creating the
kind of modern job training system the Nation needs, a system that is
genuinely driven by the real requirements of workers, job seekers and
businesses.
In the last session of Congress, we laid the groundwork for
bipartisan efforts on job training reform by enacting the School-to-
Work Opportunities Act. This legislation will be a catalyst for States
and local communities to create better career opportunities for non-
college bound youth. We need to apply that same bipartisan spirit to
making job training programs more effective for adults.
In closing, I again commend Senator Daschle for his leadership in
introducing these important bills. I look forward to working with him
and with Senators on both sides of the aisle in the weeks and months
ahead on these and other essential measures to make government more
responsive to the people and to meet the many serious challenges we
face.
Ms. MIKULSKI. Mr. President, I am proud to join as an original
cosponsor in Senate bills 6-10 introduced today by the Democratic
leader. They represent a solid effort to help working families, give
help to those who first practice self help, get the Federal
Government's fiscal house in order, and reform the Congress.
Since the November elections, some have been left with the impression
that the Democratic Party has no vision for the future of our country,
and that we have abandoned the concerns of the middle class. As a blue
collar Senator who returns home each night to the city where I was
born, I believe that these five legislative efforts dispel that myth.
These five items represent what we believe as Democrats are a
downpayment on the concerns of middle America--job security and our
standard of living, affordable health insurance, ending welfare as we
know it,
balancing the budget by cutting spending, and reforming the way
Congress itself does business.
The first of these initiatives, S. 6, the Working Americans
Opportunity Act, will enable working Americans to have available a
lifetime opportunity of employment retraining. It will revamp job
training programs by consolidating those programs that work and
eliminating those that don't, providing job training opportunities and
access to people who practice self help and need new skills for real
work situations. Finally, it will not require new taxes or spending
because it replaces, consolidates and eliminates nine existing programs
and cuts government bureaucracy. Winning the war for America's future
depends on whether Americans can have jobs today and jobs for the 21st
century. We simply must have a skilled work force that is equipped and
ready to compete for the high tech future. S. 6 will get us headed in
that direction.
S. 7, the Family Health Insurance Protection Act, is a significant
first step toward ensuring that all Americans have access to
affordable, high-quality health insurance coverage. It will ensure that
no one can be denied health insurance because of a pre-existing medical
condition and protect workers who change jobs from losing their health
coverage. It will also prohibit insurers from dropping customers or
raising their rates once they become ill. It will reduce red tape and
provide tax incentives to small businesses that provide health
insurance. This legislation will let us begin to ensure health coverage
for every American.
S. 8, the Teenage Pregnancy Prevention and Parental Responsibility
Act, will make our welfare system a parter--with parents, teachers, and
clergy--in keeping kids in school and off welfare. As the only social
worker in the U.S. Senate, I have long fought to make our welfare
programs reflect America's family values. This legislation will require
unwed teenage mothers to live with an adult family member or in a
supervised group home. It will also help communities to develop their
own solutions to the problem of teen pregnancy. And finally, by
strengthening our child support laws, this legislation will crack down
on deadbeats who ignore their responsibility to their children--and
leave taxpayers will the bill. It is time for us to stop wringing our
hands about teen pregnancy and do something about it. S. 8 will help us
reduce teen pregnancy without resorting to orphanages.
S. 9, the Fiscal Responsibility Act, will ensure that we are honest
with the American public about balancing the budget. It will require
the Budget
Committees to report a budget resolution that shows exactly how we are
to get to a balanced budget by the year 2003--without smoke and
mirrors. This act will force Congress to match its budget balancing
rhetoric with real action. The American public deserves to know exactly
what a balanced budget will mean. It will force Congress to debate the
real issues and bring honesty and open debate to one of the most
critical issues facing the Congress and the country. I welcome this
debate.S. 10, the Comprehensive congressional Reform Act, is intended
to help restore the confidence of the American people in their
democratic institutions. It will make Congress live by the laws it
imposes on everybody else, require strict disclosure of lobbyist
activity, ban gifts from lobbyists and impose tough campaign finance
reform. I am proud to have been among the first Members of Congress to
win real congressional reform with the passage of my legislation last
year to reform and modernize the appalling working conditions under
which the more than 2,000 employees of the Architect of the Capitol
labored. S. 10 will continue this progress toward real reform.
I commend our new Democratic Leader, the distinguished Senator from
South Dakota, for developing this insightful and visionary package of
measures. They symbolize his desire to tackle the tough issues which
are foremost on the minds of Americans as we begin 1995.
While I do not necessarily support each provision within these
measures, I believe that we should begin the debate on each of these
subjects on the first day of this new Congress. I believe our party and
this Congress needs to promote a shared national vision around jobs and
those who practice selfhelp. I look forward to working with my
colleagues to see that each of these matters is fully addressed by the
104th Congress.
[[Page S109]]
Mr. ROCKEFELLER. Mr. President, giving American workers the
opportunity to get the education and training they need to effectively
compete in our modern workplace and highly competitive economy must be
a priority. That is why I am joining Senator Daschle in introducing S.
6, the Working Americans Opportunity Act, and I commend him and my
other colleagues involved in developing this important initiative.
While there are numerous Federal training programs in existence,
there also are some valid questions about how effective these efforts
are. It is time to deal with these questions and make the changes
necessary to ensure that our programs work more efficiently and
effectively, both for the participants and the American taxpayers who
are footing the bills.
The Working Americans Opportunity Act is an important step in the
right direction to improve our Federal training programs. This effort
is designed to streamline existing Federal training programs and give
participants more say over their job search process and training. The
bill also proposes a critically needed investment in a ``national labor
market information system'' so people can get their hands on current
information that will tell them what fields offer real job
opportunities. The bill promotes ``one-stop career centers'' to help
Americans sort through training and career information in one place so
they can make more organized decisions about their future.
In cosponsoring this bill, I want to emphasize my continued belief
that America's--and West Virginia's--battle for the best jobs in world
depends partly on our workers having the best skills and education.
Competing in the global economy is a permanent fact of life. And both
workers and the unemployed in West Virginia want to get the training
they need to have good jobs.
But I also want to register a note of caution about the bill's use of
``vouchers'' as the way to link workers with training. I have some
questions about this concept, because I do not want to see them turn
into ``coupons'' for training that is not up to standard. Neither
workers nor the American taxpayers will be well served if the new
system does not assure high quality training in fields with real job
opportunities. Achieving this goal will require a delicate balance and
strong quality assurance within the new system. Throughout the
legislative process, I will be working to further strengthen this
legislation and promote education and training of the best quality for
American workers.
Training and education are especially key issues for West Virginia
and other regions still struggling with unemployment rates above the
national average and facing major industrial restructuring. I know from
experience that West Virginians are eager to work and willing to learn
new skills in order to meet the challenges of our increasingly
competitive work place. It is essential to ensure that Federal training
programs meet such needs and provide real opportunities to workers who
have been dislocated from their careers.
Our entire country benefits when an American worker gains new skills
and becomes more productive so it is essential to invest in effective
Federal training programs. The Working Americans Opportunity Act is a
step in the right direction, and sends a strong signal about the need
to move forward.
______
By Mr. DASCHLE (for himself, Mr. Kennedy, Mr. Reid, Ms. Mikulski,
Mr. Rockefeller, Mr. Dodd, Mr. Breaux, Ms. Moseley-Braun, Mr.
Pell, Mrs. Murray, and Mr. Inouye):
S. 7. A bill to provide for health care reform through health
insurance market reform and assistance for small business and families,
and for other purposes; to the Committee on Labor and Human Resources.
family health insurance protection act
Mr. DASCHLE. 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. 7
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Family
Health Insurance Protection Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--HEALTH INSURANCE MARKET REFORM
Subtitle A--Insurance Market Standards
Sec. 1001. Nondiscrimination based on health status.
Sec. 1002. Guaranteed issue and renewal
Sec. 1003. Rating limitations.
Sec. 1004. Delivery system quality standards.
Sec. 1005. Benchmark benefits package.
Sec. 1006. Risk adjustment.
Sec. 1007. Effective dates.
Subtitle B--Establishment and Application of Standards
Sec. 1011. General rules.
Sec. 1012. Encouragement of State reforms.
Sec. 1013. Grants to States for small group health insurance purchasing
arrangements.
Sec. 1014. Enforcement of standards.
Subtitle C--Health Care Cost and Access Advisory Commission
Sec. 1021. Health Care Cost and Access Advisory Commission.
Sec. 1022. Duties of Commission.
Sec. 1023. Operation of Commission.
Subtitle D--Definitions
Sec. 1031. Definitions.
TITLE II--IMPROVING ACCESS TO HEALTH CARE COVERAGE
Subtitle A--Coverage Under Qualified Health Plans and Premium
Assistance
Part 1--Access to Qualified Health Plans
SUBPART A--GENERAL PROVISIONS
Sec. 2001. Establishment of State program.
Sec. 2002. Assistance with health plan premiums.
SUBPART B--PREMIUM ASSISTANCE TO ELIGIBLE INDIVIDUALS
Sec. 2011. Amount of premium assistance.
Sec. 2012. Assistance to children.
Sec. 2013. Assistance to temporarily unemployed individuals.
Part 2--Aggregate Federal Payments
Sec. 2021. Aggregate Federal payments.
Part 3--Definitions and Determinations of Income.
Sec. 2031. Definitions and determinations of income.
Sec. 2032. References to individual.
Subtitle B--Self-Employed Health Insurance Deduction
Sec. 2101. Deduction for health insurance costs of self-employed
individuals.
TITLE III--IMPROVING ACCESS IN RURAL AREAS
Subtitle A--Office of Rural Health Policy
Sec. 3001. Office of Rural Health Policy.
Subtitle B--Development of Telemedicine in Rural Underserved Areas
Sec. 3101. Grants for development of rural telemedicine.
Sec. 3102. Report and evaluation of telemedicine.
Sec. 3103. Regulations on reimbursement of telemedicine.
Sec. 3104. Authorization of appropriations.
Sec. 3105. Definitions.
Subtitle C--Rural Health Plan Demonstration Projects
Sec. 3201. Rural health plan demonstration projects.
Subtitle D--Antitrust Safe Harbors for Rural Health Providers
Sec. 3301. Antitrust safe harbors for rural health providers.
TITLE IV--QUALITY AND CONSUMER PROTECTION
Subtitle A--Administrative Simplification
Part 1--Purpose and Definitions
Sec. 4001. Purpose.
Sec. 4002. Definitions.
Part 2--Standards for Data Elements and Information Transactions
Sec. 4011. General requirements on secretary.
Sec. 4012. Standards for health information transactions and data
elements.
Part 3--Requirements With Respect to Certain Transactions and
Information
Sec. 4021. Requirements on health plans and health care providers.
Sec. 4022. Standards and certification for health information
protection organizations.
Part 4--Accessing Health Information
Sec. 4031. Access for authorized purposes.
Part 5--Penalties
Sec. 4041. General penalty for failure to comply with requirements and
standards.
Part 6--Miscellaneous Provisions
Sec. 4051. Effect on State law.
Sec. 4052. Authorization of appropriations.
Subtitle B--Privacy of Health Information
Part 1--Definitions
Sec. 4101. Definitions.
Part 2--Authorized Disclosures
SUBPART A--GENERAL PROVISIONS
Sec. 4106. General rules regarding disclosure.
Sec. 4107. Authorizations for disclosure of protected health
information.
Sec. 4108. Health information protection organizations.
[[Page S110]] SUBPART B--SPECIFIC DISCLOSURES RELATING TO PATIENT
Sec. 4111. Disclosures for treatment and financial and administrative
transactions.
Sec. 4112. Emergency circumstances.
SUBPART C--DISCLOSURE FOR OVERSIGHT, PUBLIC HEALTH, AND RESEARCH
PURPOSES
Sec. 4116. Oversight.
Sec. 4117. Public health.
Sec. 4118. Health research.
SUBPART D--DISCLOSURE FOR JUDICIAL, ADMINISTRATIVE, AND LAW ENFORCEMENT
PURPOSES
Sec. 4121. Judicial and administrative purposes.
Sec. 4122. Law enforcement.
SUBPART E--DISCLOSURE PURSUANT TO GOVERNMENT SUBPOENA OR WARRANT
Sec. 4126. Government subpoenas and warrants.
Sec. 4127. Access procedures for law enforcement subpoenas and
warrants.
Sec. 4128. Challenge procedures for law enforcement warrants,
subpoenas, and summons.
SUBPART F--DISCLOSURE PURSUANT TO PARTY SUBPOENA
Sec. 4131. Party subpoenas.
Sec. 4132. Access procedures for party subpoenas.
Sec. 4133. Challenge procedures for party subpoenas.
Part 3--Procedures for Ensuring Security of Protected Health
Information
SUBPART A--ESTABLISHMENT OF SAFEGUARDS
Sec. 4136. Establishment of safeguards.
Sec. 4137. Accounting for disclosures.
SUBPART B--REVIEW OF PROTECTED HEALTH INFORMATION BY SUBJECTS OF THE
INFORMATION
Sec. 4141. Inspection of protected health information.
Sec. 4142. Amendment of protected health information.
Sec. 4143. Notice of information practices.
Part 4--Sanctions
SUBPART A--CIVIL SANCTIONS
Sec. 4151. Civil penalty.
Sec. 4152. Civil action.
SUBPART B--CRIMINAL SANCTIONS
Sec. 4161. Wrongful disclosure of protected health information.
Part 5--Administrative Provisions
Sec. 4166. Relationship to other laws.
Sec. 4167. Rights of incompetents.
Sec. 4168. Exercise of rights.
Subtitle C--Enhanced Penalties for Health Care Fraud
Sec. 4201. All-payer fraud and abuse control program.
Sec. 4202. Application of Federal health anti-fraud and abuse sanctions
to all fraud and abuse against any health plan.
Sec. 4203. Establishment of the health care fraud and abuse data
collection program.
Sec. 4204. Health care fraud.
Subtitle D--Health Care Malpractice Reform
Sec. 4301. Federal tort reform.
Sec. 4302. State-based alternative dispute resolution mechanisms.
Sec. 4303. Limitation on amount of attorney's contingency fees.
Sec. 4304. Periodic payment of awards.
Sec. 4305. Allocation of punitive damage awards for provider licensing
and disciplinary activities.
TITLE V--BUDGET NEUTRALITY
Sec. 5001. Assurance of budget neutrality.
TITLE I--HEALTH INSURANCE MARKET REFORM
Subtitle A--Insurance Market Standards
SEC. 1001. NONDISCRIMINATION BASED ON HEALTH STATUS.
(a) In General.--Except as provided in subsection (b) and
section 1003(d), a health plan may not deny, limit, or
condition the coverage under (or benefits of) the plan, or
vary the premium, for an individual based on the health
status, medical condition, claims experience, receipt of
health care, medical history, anticipated need for health
care services, disability, or lack of evidence of
insurability.
(b) Treatment of Preexisting Condition Exclusions for All
Services.--
(1) In general.--A health plan may impose a limitation or
exclusion of benefits relating to treatment of a condition
based on the fact that the condition preexisted the effective
date of the plan with respect to an individual only if--
(A) the condition was diagnosed or treated during the 3-
month period ending on the day before the date of enrollment
under the plan;
(B) the limitation or exclusion extends for a period not
more than 6 months after the date of enrollment under the
plan;
(C) the limitation or exclusion does not apply to an
individual who, as of the date of birth, was covered under
the plan; or
(D) the limitation or exclusion does not apply to
pregnancy.
(2) Crediting of previous coverage.--A health plan shall
provide that if an individual under such plan is in a period
of continuous coverage as of the date of enrollment under
such plan, any period of exclusion of coverage with respect
to a preexisting condition shall be reduced by 1 month for
each month in the period of continuous coverage.
(3) Definitions.--For purposes of this subsection:
(A) Period of continuous coverage.--
(i) In general.--The term ``period of continuous coverage''
means the period beginning on the date an individual is
enrolled under a health plan or an equivalent health care
program and ends on the date the individual is not so
enrolled for a continuous period of more than 3 months.
(ii) Equivalent health care program.--The term ``equivalent
health care program'' means--
(I) part A or part B of the medicare program under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.),
(II) the medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.),
(III) the health care program for active military personnel
under title 10, United States Code,
(IV) the veterans health care program under chapter 17 of
title 38, United States Code,
(V) the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS), as defined in section 1073(4)
of title 10, United States Code, and
(VI) the Indian health service program under the Indian
Health Care Improvement Act (25 U.S.C. 1601 et seq.).
(B) Preexisting condition.--The term `preexisting
condition' means, with respect to coverage under a health
plan, a condition which was diagnosed, or which was treated,
within the 3-month period ending on the day before the date
of enrollment (without regard to any waiting period).
(c) Limitations Prohibited.--
(1) In general.--A health plan may not impose a lifetime
limitation on the provision of benefits under the plan.
(2) Rule of construction.--The prohibition contained in
paragraph (1) shall not be construed as prohibiting
limitations on the scope or duration of particular items or
services covered by a health plan.
SEC. 1002. GUARANTEED ISSUE AND RENEWAL
(a) Small Group Market.--Each health plan offering coverage
in the small group market shall guarantee each individual
purchaser and small employer (and each eligible employee of
such small employer) applying for coverage in such market the
opportunity to enroll in the plan.
(b) Large Employer Market.--Each health plan offering
coverage in the large employer market shall guarantee any
individual eligible for coverage under the plan the
opportunity to enroll in such plan.
(c) Capacity Limits.--Notwithstanding this section, a
health plan may apply a capacity limit based on limited
financial or provider capacity if the plan enrolls
individuals in a manner that provides prospective enrollees
with a fair chance of enrollment regardless of the method by
which the individual seeks enrollment.
(d) Renewal of Policy.--
(1) Small group market.--A health plan issued to a small
employer or an individual purchaser in the small group market
shall be renewed at the option of the employer or individual,
if such employer or individual purchaser remains eligible for
coverage under the plan.
(2) Large employer market.--A health plan issued to an
individual eligible for coverage under a large employer plan
shall be renewed at the option of the individual, if such
individual remains eligible for coverage under the plan.
(e) Grounds for Refusal to Renew.--A health plan may refuse
to renew a policy only in the case of--
(1) the nonpayment of premiums;
(2) fraud on the part of the employer or individual
relating to such plan; or
(3) the misrepresentation by the employer or individual of
material facts relating to an application for coverage of a
claim or benefit.
(f) Notification of Availability.--Each health plan sponsor
shall publicly disclose the availability of each health plan
that such sponsor provides or offers in a small group market.
Such disclosure shall be accompanied by information
describing the method by which eligible employers and
individuals may enroll in such plans.
SEC. 1003. RATING LIMITATIONS.
(a) In General.--A health plan offering coverage in the
small group market shall comply with the standards developed
under this section.
(b) Role of NAIC.--The Secretary shall request that the
NAIC--
(1) develop specific standards in the form of a model Act
and model regulations that provide for the implementation of
the rating limitations described in subsection (d); and
(2) report to the Secretary concerning such standards
within 6 months after the date of enactment of this Act.
(c) Role of the Secretary.--The Secretary, upon review of
the report received under subsection (b)(2), shall not later
than January 1, 1997, promulgate final standards implementing
this section. Such standards shall be the applicable health
plan standards under this section.
(d) Rating Standards.--The standards described in this
section shall provide for the following:
(1) A determination of factors that health plans may use to
vary the premium rates of such plans. Such factors--
(A) shall be applied in a uniform fashion to all enrollees
covered by a plan;
(B) shall include age (as specified in paragraph (3)),
family type, and geography; and
[[Page S111]] (C) except as provided in paragraph (2)(A),
shall not include gender, health status, or health
expenditures.
(2)(A) Factors prohibited under paragraph (1)(C) shall be
phased out over a period not to exceed 3 years after the
effective date of this section.
(B) Other rating factors (other than age) may be phased out
to the extent necessary to minimize market disruption and
maximize coverage rates.
(3) Uniform age categories and age adjustment factors that
reflect the relative actuarial costs of benefit packages
among enrollees. By the end of the 3-year period beginning on
the effective date of this section, for individuals who have
attained age 18 but not age 65, the highest age adjustment
factor may not exceed 3 times the lowest age adjustment
factor.
(e) Discounts.--Standards developed under this section
shall permit health plans to provide premium discounts based
on workplace health promoting activities.
SEC. 1004. DELIVERY SYSTEM QUALITY STANDARDS.
(a) In General.--Each health plan shall comply with the
standards developed under this section.
(b) Role of the Secretary.--Not later than 9 months after
the date of enactment of this Act, the Secretary, in
consultation with the NAIC and other organizations with
expertise in the areas of quality assurance (including the
Joint Commission on Accreditation of Health Care
Organizations, the National Committee for Quality Assurance,
and peer review organizations), shall establish minimum
guidelines specified in subsection (c) for the issuance by
each State of delivery system quality standards. Such
standards shall be the applicable health plan standards under
this section.
(c) Minimum guidelines.--The minimum guidelines specified
in this subsection are as follows:
(1) Establishing and maintaining health plan quality
assurance, including--
(A) quality management;
(B) credentialing;
(C) utilization management;
(D) health care provider selection and due process in
selection; and
(E) practice guidelines and protocols.
(2) Providing consumer protection for health plan
enrollees, including--
(A) comparative standardized consumer information with
respect to health plan premiums and quality measures,
including health care report cards;
(B) nondiscrimination in plan enrollment, disenrollment,
and service provision;
(C) continuation of treatment with respect to health plans
that become insolvent; and
(D) grievance procedures.
(3) Ensuring reasonable access to health care services,
including access for vulnerable populations in underserved
areas.
SEC. 1005. BENCHMARK BENEFITS PACKAGE.
(a) In General.--With respect to an individual eligible for
enrollment, a sponsor of a health plan--
(1) shall offer the benchmark benefits package described in
subsection (b); and
(2) may offer any other health benefits package.
(b) Benchmark Benefits Package Described.--
(1) In general.--
(A) Package described.--The benchmark benefits package
described in this subsection is a benefits package that
covers all of the items and services under the categories of
health care items and services specified by the Secretary
under paragraph (2) when medically necessary or appropriate
(as determined in accordance with paragraph (3)) and provides
for a cost-sharing schedule specified by the Secretary under
paragraph (4).
(B) Actuarial value.--The benchmark benefits package
established by the Secretary under this subsection shall have
an actuarial value that equals the actuarial value of the
benefits package provided under the health benefits plan
offered under chapter 89 of title 5, United States Code, with
the highest enrollment during 1994, adjusted for a national
population under 65 years of age (as determined by the
Secretary).
(2) Categories of health care items and services.--
(A) In general.--The categories of health care items and
services specified by the Secretary under this paragraph
shall include at least the categories described in section
1302(1) of the Public Health Service Act (42 U.S.C. 300e-
1(a)) and section 8904(a) of title 5, United States Code. The
Secretary may add or delete categories of health care items
and services under this paragraph as medical practice
changes.
(B) Specifying items and services.--
(i) In general.--The Secretary shall specify the items and
services under the categories specified under subparagraph
(A).
(ii) Priorities for the secretary.--In specifying items and
services under this subparagraph the Secretary shall take
into account the following:
(I) Mental health and substance abuse services.--With
respect to mental health and substance abuse services, the
Secretary shall give priority to parity for such services
with other medical services with respect to cost-sharing and
duration of treatment.
(II) Vulnerable populations and underserved areas.--The
Secretary shall give priority to the needs of children and
vulnerable populations, including those populations in rural,
frontier, and underserved areas.
(III) Prevention.--The Secretary shall give priority to
improving the health of individuals through prevention.
(3) Medical Necessity or Appropriateness.--The Secretary
shall establish general criteria for determining whether an
item or service specified by the Secretary under paragraph
(2)(B) is medically necessary or appropriate. Health plans
shall make coverage decisions regarding procedures and
technologies consistent with such general criteria.
(4) Cost-Sharing.--The Secretary shall establish cost-
sharing schedules to be provided by a benchmark benefits
package. In establishing such cost-sharing schedules, the
Secretary shall meet the following requirements:
(A) Annual basis.--The Secretary shall review and update
cost-sharing schedules as determined appropriate by the
Secretary, but on at least an annual basis.
(B) Preventive services exempted.--The Secretary shall
exempt from any cost-sharing schedules clinical preventive
services and prenatal care services.
(C) Delivery systems.--In establishing cost-sharing
schedules for benchmark benefits packages, the Secretary
shall ensure that the schedules permit a variety of delivery
systems, including fee-for-service, preferred provider
organizations, point of service, and health maintenance
organizations.
SEC. 1006. RISK ADJUSTMENT.
Each health plan offering coverage in the small group
market in a State shall participate in a risk adjustment
program developed by such State under standards established
by the Secretary.
SEC. 1007. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this
title shall take effect on January 1, 1996.
(b) Rating Limitations, Benchmark Benefits Packages, and
Risk Adjustments.--The standards promulgated under sections
1003, 1005, and 1006 shall apply to plans that are issued or
renewed after December 31, 1996.
Subtitle B--Establishment and Application of Standards
SEC. 1011. GENERAL RULES.
(a) Construction.--
(1) In general.--A requirement or standard imposed on a
health plan under this Act shall be deemed to be a
requirement or standard imposed on the insurer or sponsor of
such plan.
(2) Preemption of state law.--
(A) In general.--No requirement of this title shall be
construed as preempting any State law unless such State law
directly conflicts with such requirement. The provision of
additional consumer protections under State law as described
in subparagraph (B) shall not be considered to directly
conflict with any such requirement.
(B) Consumer protection laws.--State laws referred to in
subparagraph (A) that are not preempted by this title
include--
(i) laws that limit the exclusions or limitations for
preexisting medical conditions to periods that are less than
those provided for under section 1001;
(ii) laws that limit variations in premium rates beyond the
variations permitted under section 1003; and
(iii) laws that would expand the small group market in
excess of that provided for under this title.
(b) Regulations.--The Secretary, in consultation with NAIC,
and the Secretary of Labor are each authorized to issue
regulations as are necessary to implement this Act.
SEC. 1012. ENCOURAGEMENT OF STATE REFORMS.
Nothing in this Act shall be construed as prohibiting
States from enacting health care reform measures that exceed
the measures established under this Act, including reforms
that expand access to health care services, control health
care costs, and enhance quality of care.
SEC. 1013. GRANTS TO STATES FOR SMALL GROUP HEALTH INSURANCE
PURCHASING ARRANGEMENTS.
(a) In General.--The Secretary shall make grants to States
that submit applications meeting the requirements of this
section for the establishment and operation of small group
health insurance purchasing arrangements.
(b) Use of Funds.--Grant funds awarded under this section
to a State may be used to finance administrative costs
associated with developing and operating a small group health
insurance purchasing arrangement, including the costs
associated with--
(1) engaging in marketing and outreach efforts to inform
individuals and small employers about the small group health
insurance purchasing arrangement, which may include the
payment of sales commissions;
(2) negotiating with insurers to provide health insurance
through the small group health insurance purchasing
arrangement; or
(3) providing administrative functions, such as eligibility
screening, claims administration, and customer service.
(c) Application Requirements.--An application submitted by
a State to the Secretary shall describe--
(1) whether the program will be operated directly by the
State or through 1 or more State-sponsored private
organizations and the details of such operation;
(2) program goals for reducing the cost of health insurance
for, and increasing insurance coverage in, the small group
market;
[[Page S112]] (3) the approaches proposed for enlisting
participation by insurers and small employers, including any
plans to use State funds to subsidize the cost of insurance
for participating individuals and employers; and
(4) the methods proposed for evaluating the effectiveness
of the program in reducing the number of uninsured in the
State and on lowering the cost of health insurance for the
small group market in the State.
(d) Grant Criteria.--In awarding grants, the Secretary
shall consider the potential impact of the State's proposal
on the cost of health insurance for the small group market
and on the number of uninsured, and the need for regional
variation in the awarding of grants. To the extent the
Secretary deems appropriate, grants shall be awarded to fund
programs employing a variety of approaches for establishing
small group health insurance purchasing arrangements.
(e) Prohibition on Grants.--No grant funds shall be paid to
States that do not meet the requirements of this title with
respect to small group health plans, or to States with group
purchasing programs involving small group health plans that
do not meet the requirements of this title.
(f) Annual Report by States.--States receiving grants under
this section shall report to the Secretary annually on the
numbers and rates of participation by eligible insurers and
small employers, on the estimated impact of the program on
reducing the number of uninsured, and on the cost of
insurance available to the small group market in the State.
(g) Authorization of Appropriations.--There are authorized
to be appropriated $200,000,000 for fiscal years 1996, 1997,
and 1998.
(h) Secretarial Report.--The Secretary shall report to
Congress by not later than January 1, 1997, on the number and
amount of grants awarded under this section, and include with
such report an evaluation of the impact of the grant program
on the number of uninsured and cost of health insurance to
small group markets in participating States.
SEC. 1014. ENFORCEMENT OF STANDARDS.
(a) In General.--Except as provided in subsection (b), each
State shall require that each health plan issued, sold,
offered for sale, or operated in such State meets the
insurance reform standards established under this title
pursuant to an enforcement plan filed by the State with, and
approved by, the Secretary. If the State does not file an
acceptable plan, the Secretary shall enforce such standards
until a plan is filed and approved.
(b) Secretary of Labor.--With respect to any health plan
for which the application of State insurance laws are
preempted under section 514 of Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1144), the enforcement of the
insurance reform standards established under this title shall
be by the Secretary of Labor.
Subtitle C--Health Care Cost and Access Advisory Commission
SEC. 1021. HEALTH CARE COST AND ACCESS ADVISORY COMMISSION.
There is established a commission to be known as the Health
Care Cost and Advisory Commission (in this subtitle referred
to as the ``Commission'').
SEC. 1022. DUTIES OF COMMISSION.
(a) In General.--The general duties of the Commission are
to monitor and respond to trends in national health care
spending and health insurance coverage. The Commission may be
advised by individuals with expertise concerning the
economic, demographic, and insurance market factors that
affect the cost and availability of health insurance.
(b) Annual Reports.--
(1) In general.--The Commission shall report to Congress
and the President annually on January 15 (beginning in 1999)
on the status of health care spending and health insurance
coverage in the nation.
(2) Contents of report.--Each annual report shall include--
(A) findings regarding--
(i) the characteristics of the insured and uninsured,
including demographic characteristics, working status, health
status, and geographic distribution;
(ii) the effectiveness of insurance reforms on increasing
access to health insurance and making health insurance more
affordable; and
(iii) the effectiveness of cost containment strategies at
the Federal and State levels and in the private sector; and
(B) recommendations for improving access to health
insurance and reducing health care cost inflation.
SEC. 1023. OPERATION OF COMMISSION.
(a) Membership.--
(1) In general.--The Commission shall be composed of 11
members appointed by the President and confirmed by the
Senate. Members shall be appointed not later than 90 days
after the date of enactment of this Act.
(2) Chairperson.--The President shall designate 1
individual described in paragraph (1) who shall serve as
Chairperson of the Commission.
(b) Composition.--The membership of the Commission shall
include individuals with national recognition for their
expertise in health care and health care markets. In
appointing members of the Commission, the President shall
ensure that no more than 6 members of the Commission are
affiliated with the same political party.
(c) Terms.--
(1) In general.--The terms of members of the Commission
shall be for 6 years, except that of the members first
appointed, 4 shall be appointed for an initial term of 4
years and 4 shall be appointed for an initial term of 2
years.
(2) Continuation in office.--Upon the expiration of a term
of office, a member shall continue to serve until a successor
is appointed and qualified.
(d) Vacancies.--
(1) In general.--A vacancy in the Commission shall be
filled in the same manner as the original appointment, but
the individual appointed to fill the vacancy shall serve only
for the unexpired portion of the term for which the
individual's predecessor was appointed.
(2) No impairment of function.--A vacancy in the membership
of the Commission does not impair the authority of the
remaining members to exercise all of the powers of the
Commission.
(3) Acting chairperson.--The Commission may designate a
member to act as Chairperson during any period in which there
is no Chairperson designated by the President.
(e) Meetings; Quorum.--
(1) Meetings.--The Chairperson shall preside at meetings of
the Commission, and in the absence of the Chairperson, the
Commission shall elect a member to act as Chairperson pro
tempore.
(2) Quorum.--Six members of the Commission shall constitute
a quorum thereof.
(f) Administrative Provisions.--
(1) Pay and travel expenses.--
(A) Pay.--Each member shall be paid at a rate equal to the
daily equivalent of the minimum annual rate of basic pay
payable for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day (including
travel time) during which the member is engaged in the actual
performance of duties vested in the Commission.
(B) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(2) Executive director.--
(A) In general.--The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint an
Executive Director.
(B) Pay.--The Executive Director shall be paid at a rate
equivalent to a rate for the Senior Executive Service.
(3) Staff.--
(A) In general.--Subject to subparagraphs (B) and (C), the
Executive Director, with the approval of the Commission, may
appoint and fix the pay of additional personnel.
(B) Pay.--The Executive Director may make such appointments
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
any personnel so appointed may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
such title, relating to classification and General Schedule
pay rates, except that an individual so appointed may not
receive pay in excess of 120 percent of the annual rate of
basic pay payable for GS-15 of the General Schedule.
(C) Detailed personnel.--Upon request of the Executive
Director, the head of any Federal department or agency may
detail any of the personnel of that department or agency to
the Commission to assist the Commission in carrying out its
duties under this Act.
(4) Other authority.--
(A) Contract services.--The Commission may procure by
contract, to the extent funds are available, the temporary or
intermittent services of experts or consultants pursuant to
section 3109 of title 5, United States Code.
(B) Leases and property.--The Commission may lease space
and acquire personal property to the extent funds are
available.
(f) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary for the
operation of the Commission.
Subtitle D--Definitions
SEC. 1031. DEFINITIONS.
(a) Health Plan.--For purposes of this title, the term
``health plan'' means a plan that provides, or pays the cost
of, health benefits. Such term does not include the
following, or any combination thereof:
(1) Coverage only for accidental death, dismemberment,
dental, or vision.
(2) Coverage providing wages or payments in lieu of wages
for any period during which the employee is absent from work
on account of sickness or injury.
(3) A medicare supplemental policy (as defined in section
1882(g)(1) of the Social Security Act (42 U.S.C.
1395ss(g)(1)).
(4) Coverage issued as a supplement to liability insurance.
(5) Worker's compensation or similar insurance.
(6) Automobile medical-payment insurance.
(7) A long-term care insurance policy, including a nursing
home fixed indemnity policy (unless the Secretary determines
that such a policy provides sufficiently comprehensive
coverage of a benefit so that it should be treated as a
health plan).
(8) Any plan or arrangement not described in any preceding
subparagraph which provides for benefit payments, on a
periodic basis, for a specified disease or illness or period
of hospitalization without regard to the costs incurred or
services rendered during the period to which the payments
relate.
(9) Such other plan or arrangement as the Secretary
determines is not a health plan.
[[Page S113]] (b) Terms and Rules Relating to the Small
Group and Large Employer Markets.--For purposes of this
title:
(1) Small group market.--The term ``small group market''
means the market for health plans which is composed of small
employers and individual purchasers.
(2) Small employer.--The term ``small employer'' means,
with respect to any calendar year, any employer if, on each
of 20 days during the preceding calendar year (each day being
in a different week), such employer (or any predecessor)
employed less than 51 employees for some portion of the day.
(3) Individual purchaser.--The term ``individual
purchaser'' means an individual who is not eligible to enroll
in a health plan sponsored by a large or small employer.
(4) Large employer market.--The term ``large employer
market'' means the market for health plans which is composed
of large employers.
(5) Large employer.--The term ``large employer''--
(A) means an employer that is not a small employer; and
(B) includes a multiemployer plan as defined in section
3(37) of the Employment Retirement Income Security Act of
1974 (29 U.S.C. 1002(37)) and a plan which is maintained by a
rural electric cooperative or a rural telephone cooperative
association (within the meaning of section 3(40) of such Act
(29 U.S.C. 1002(40)).
(c) Additional Definitions.--For purposes of this title:
(1) Naic.--The term ``NAIC'' means the National Association
of Insurance Commissioners.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
TITLE II--IMPROVING ACCESS TO HEALTH CARE COVERAGE
Subtitle A--Coverage Under Qualified Health Plans and Premium
Assistance
PART 1--ACCESS TO QUALIFIED HEALTH PLANS
Subpart A--General Provisions
SEC. 2001. ESTABLISHMENT OF STATE PROGRAM.
In order to qualify for payments under part 2, each State
shall establish a program under which the State--
(1) makes available at least 1 qualified health plan to
each premium subsidy eligible individual residing in the
State; and
(2) furnishes premium assistance to such individual in
accordance with this part.
The program shall comply with requirements specified under
regulations issued by the Secretary and may be in effect for
calendar years beginning after 1996.
SEC. 2002. ASSISTANCE WITH HEALTH PLAN PREMIUMS.
(a) In General.--An individual who has been determined by a
State under subsection (b) to be a premium subsidy eligible
individual (as defined in subpart B) shall be eligible for
premium assistance in the amount determined under such
subpart.
(b) Determination of Eligibility.--
(1) In general.--The Secretary shall issue regulations
specifying requirements for each State program under this
part with respect to determining eligibility for premium
assistance, including measures to prevent individuals from
knowingly making material misrepresentations of information
or providing false information in applications for assistance
under the program.
(2) Employer maintenance of effort.--In order to promote
employer-based coverage, the Secretary shall issue
regulations that provide that an eligible individual may not
be a premium subsidy eligible individual described in
subsection (a) if a significant employer contribution toward
the premium under a qualified health plan is available to the
individual.
(3) State maintenance of effort.--In order to promote State
maintenance of effort, the Secretary shall issue regulations
that provide that an eligible individual may not be a premium
subsidy eligible individual described in subsection (a) until
such individual has been determined to be ineligible for
assistance under any other public health insurance program
provided by a State or instrumentality thereof.
(c) Limitation on Use of Assistance.--A premium subsidy
eligible individual who receives premium assistance under
this part shall use such assistance only for payments toward
the premium under a qualified health plan made available by
the State under the program established under section 2001.
Subpart B--Premium Assistance to Eligible Individuals
SEC. 2011. AMOUNT OF PREMIUM ASSISTANCE.
(a) In General.--The amount of premium assistance for a
month for a premium subsidy eligible individual in a State is
an amount equal to the lesser of--
(1) the applicable subsidy percentage multiplied by \1/
12\th of the annual premium paid for coverage under a
qualified health plan in which the individual is enrolled; or
(2) the applicable subsidy percentage multiplied by \1/
12\th of the maximum subsidy amount (as determined under
subsection (b)).
(b) Maximum subsidy amount.--For purposes of this section,
the maximum subsidy amount for a State shall be the
Secretary's estimate of the annual premium of the health plan
with the highest enrollment offered under chapter 89 of title
5, United States Code, adjusted to reflect--
(1) coverage of the items and services and cost sharing
under the benchmark benefits package; and
(2) the difference in expected health care spending of the
population enrolled in such plan offered under such chapter
89 and of the population of premium subsidy eligible
individuals in such State.
SEC. 2012. ASSISTANCE TO CHILDREN.
(a) Eligibility.--A child shall be considered a premium
eligible individual under this part if such child--
(1) is not eligible for medical assistance under a State
plan under title XIX of the Social Security Act;
(2) has not been enrolled in a health plan offered by an
employer (under rules established by the Secretary) during
the 6-month period ending on the date the individual submits
an application to the State for premium assistance under this
part, unless such employer coverage was discontinued as a
result of a loss of employment by the individual's parent or
guardian; and
(3) has a family income determined under section 2031(3)
which does not exceed (except as provided under section
2021(b)(3))--
(A) with respect to 1997, 133 percent of the applicable
Federal poverty level;
(B) with respect to 1998, 150 percent of the applicable
Federal poverty level;
(C) with respect to 1999, 185 percent of the applicable
Federal poverty level;
(D) with respect to 2000, 200 percent of the applicable
Federal poverty level;
(E) with respect to 2001 and years thereafter, 240 percent
of the applicable Federal poverty level.
(b) Applicable Subsidy Percentage.--For the purposes of
this part, the term ``applicable subsidy percentage'' for an
individual described in subsection (a) means 100 percent
reduced (but not below zero) by 1.82 percentage points for
every 1 percentage point (or portion thereof) by which the
premium subsidy eligible individual's family income exceeds
185 percent of the applicable Federal poverty level.
SEC. 2013. ASSISTANCE TO TEMPORARILY UNEMPLOYED INDIVIDUALS.
(a) Eligibility.--An eligible individual shall be
considered a premium subsidy eligible individual under this
part if such individual--
(1) has been employed continuously for a 6-month period
ending within a month preceding the date the individual
submits an application to the State for premium assistance
under this part;
(2) has been covered under a health plan during such period
of employment;
(3) is not eligible for medical assistance under a State
plan under title XIX of the Social Security Act;
(4) has not received a premium subsidy under a program
established under this subtitle for more than a 6-month
period beginning with the date described in paragraph (1);
and
(5) has a family income determined under section 2031(3)
which does not exceed (except as provided under section
2021(b)(3))--
(A) with respect to 1997, 100 percent of the applicable
Federal poverty level;
(B) with respect to 1998, 125 percent of the applicable
Federal poverty level;
(C) with respect to 1999, 150 percent of the applicable
Federal poverty level;
(D) with respect to 2000, 200 percent of the applicable
Federal poverty level;
(E) with respect to 2001 and years thereafter, 240 percent
of the applicable Federal poverty level.
(b) Applicable Subsidy Percentage.--For the purposes of
this part, the term ``applicable subsidy percentage'' for an
individual described in subsection (a) means 100 percent
reduced (but not below zero) by 1 percentage point for each 1
percentage point (or portion thereof) by which the premium
subsidy eligible individual's family income exceeds 100
percent of the applicable Federal poverty level.
PART 2--AGGREGATE FEDERAL PAYMENTS
SEC. 2021. AGGREGATE FEDERAL PAYMENTS.
(a) In General.--Subject to subsection (b), with respect to
any quarter beginning on or after January 1, 1997, a State
shall receive payments from the Secretary in an amount equal
to the sum of--
(1) the total premium assistance paid on behalf of
individuals eligible for such assistance under part 1 for
enrollment in qualified health plans; and
(2) 75 percent of the total amount estimated by the
Secretary to be expended by the State during such quarter for
proper and efficient operation and administration of the
program established under this subtitle.
(b) Limitations.--
(1) Budgetary.--
(A) In general.--The total amount of payments under
subsection (a) to all States with programs established under
this subtitle for any calender year shall not exceed the
estimate by the Congressional Budget Office on January 1,
1997, of the total amount of payments under subsection (a)
for 1997 (assuming participation levels under full
implementation of this subtitle), adjusted for such year by
population growth and the increase in health care costs
reflected in the cost of providing the benefits package under
chapter 89 of title 5, United States Code.
(B) Allowable adjustments.--If the total payment to States
under subsection (a) for any calender year is estimated to be
limited under subparagraph (A), corresponding adjustments
shall be made to the family income limits under sections
2012(a)(3) and 2013(a)(5) for such year.
[[Page S114]] (2) Reduction in payments for administrative
errors.--
(A) In general.--In the case of administrative errors
described in subparagraph (B), payments available to a State
under subsection (a) shall be reduced by an amount determined
appropriate by the Secretary.
(B) Administrative errors described.--The administrative
errors described in this subparagraph include the following:
(i) An eligibility error rate for premium assistance to the
extent the applicable error rate exceeds the maximum
permissible error rate specified by the Secretary.
(ii) Misappropriations or other expenditures that the
Secretary finds are attributable to malfeasance or
misfeasance.
(c) Reports on Unemployment.--If there are significant
changes in the national unemployment level, the Director of
the Office of Management and Budget (in consultation with the
Secretary) shall issue a report to Congress on the
implications for coverage under State programs established
under this subtitle.
(d) Audits.--The Secretary shall conduct regular audits of
the activities conducted under this subtitle.
(e) Budgetary Treatment.--This section constitutes budget
authority in advance of appropriations Acts, and represents
the obligation of the Federal Government to provide payments
to the States in accordance with this section.
PART 3--DEFINITIONS AND DETERMINATIONS OF INCOME.
SEC. 2031. DEFINITIONS AND DETERMINATIONS OF INCOME.
For purposes of this subtitle:
(1) Qualified health plan.--The term ``qualified health
plan'' means a health plan providing the benchmark benefits
package as described in section 1005.
(2) Child.--The term ``child`` means an individual who is
under 19 years of age.
(3) Determinations of income.--
(A) Family income.--The term ``family income'' means, with
respect to an individual who--
(i) is not a dependent (as defined in subparagraph (B)) of
another individual, the sum of the modified adjusted gross
incomes (as defined in subparagraph (D)) for the individual,
the individual's spouse, and children who are dependents of
the individual; or
(ii) is a dependent of another individual, the sum of the
modified adjusted gross incomes for the other individual, the
other individual's spouse, and children who are dependents of
the other individual.
(B) Dependent.--The term ``dependent'' has the meaning
given such term in section 152 of the Internal Revenue Code
of 1986.
(C) Modified adjusted gross income.--The term ``modified
adjusted gross income'' means adjusted gross income (as
defined in section 62(a) of the Internal Revenue Code of
1986)--
(i) determined without regard to sections 135, 162(l), 911,
931, and 933 of such Code, and
(ii) increased by--
(I) the amount of interest received or accrued by the
individual during the taxable year which is exempt from tax,
and
(II) the amount of the social security benefits (as defined
in section 86(d) of such Code) received during the taxable
year to the extent not included in gross income under section
86 of such Code.
The determination under the preceding sentence shall be made
without regard to any carryover or carryback.
(D) Rules relating to disregard of certain income.--The
Secretary may promulgate rules under which spousal income may
be disregarded in instances in which a spouse is not part of
a family unit.
(4) Eligible Individual.--
(A) In general.--The term ``eligible individual'' means an
individual who is residing in the United States and who is--
(i) a citizen or national of the United States; or
(ii) a lawful alien.
(B) Exclusion.--The term ``eligible individual'' shall not
include an individual who is an inmate of a public
institution (except as a patient of a medical institution).
(C) Lawful alien.--The term ``lawful alien'' means an
individual who is--
(i) an alien lawfully admitted for permanent residence,
(ii) an asylee,
(iii) a refugee,
(iv) an alien whose deportation has been withheld under
section 243(h) of the Immigration and Nationality Act, or
(v) a parolee who has been paroled for a period of 1 year
or more.
(5) Poverty line.--The term ``poverty line'' means the
income official poverty line (as defined by the Office of
Management and Budget, and revised annually in accordance
with section 673(2) of the Omnibus Budget Reconciliation Act
of 1981) that--
(A) in the case of a family of less than 5 individuals, is
applicable to a family of the size involved; and
(B) in the case of a family of more than 4 individuals, is
applicable to a family of 4 individuals.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 2032. REFERENCES TO INDIVIDUAL.
For purposes of this subtitle, any reference to an
individual shall include a reference to the parent or
guardian of such individual.
Subtitle B--Self-Employed Health Insurance Deduction
SEC. 2101. DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-
EMPLOYED INDIVIDUALS.
(a) Phase-in Deduction.--Section 162(l) of the Internal
Revenue Code of 1986 (relating to special rules for health
insurance costs of self-employed individuals) is amended--
(1) by striking paragraph (6); and
(2) by striking paragraph (1) and inserting the following:
``(1) Allowance of deduction.--
``(A) In general.--In the case of an individual who is an
employee within the meaning of section 401(c)(1), there shall
be allowed as a deduction under this section an amount equal
to the applicable percentage of the amount paid during the
taxable year for insurance which constitutes medical care for
the taxpayer, his spouse, and dependents.
``(B) Applicable percentage.--For purposes of subparagraph
(A), the applicable percentage shall be determined as
follows:
``If the taxable year The applicable
begins in: percentage is:
25 percent............................................................
50 percent............................................................
75 percent............................................................
100 percent.''.ter.....................................................
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1993.
TITLE III--IMPROVING ACCESS IN RURAL AREAS
Subtitle A--Office of Rural Health Policy
SEC. 3001. OFFICE OF RURAL HEALTH POLICY.
(a) Appointment of Assistant Secretary.--
(1) In general.--Section 711(a) of the Social Security Act
(42 U.S.C. 912(a)) is amended--
(A) by striking ``by a Director, who shall advise the
Secretary'' and inserting ``by an Assistant Secretary for
Rural Health (in this section referred to as the `Assistant
Secretary'), who shall report directly to the Secretary'';
and
(B) by adding at the end the following new sentence: ``The
Office shall not be a component of any other office, service,
or component of the Department.''.
(2) Conforming amendments.--(A) Section 711(b) of the
Social Security Act (42 U.S.C. 912(b)) is amended by striking
``the Director'' and inserting ``the Assistant Secretary''.
(B) Section 338J(a) of the Public Health Service Act (42
U.S.C. 254r(a)) is amended by striking ``Director of the
Office of Rural Health Policy'' and inserting ``Assistant
Secretary for Rural Health''.
(C) Section 464T(b) of the Public Health Service Act (42
U.S.C. 285p-2(b)) is amended in the matter preceding
paragraph (1) by striking ``Director of the Office of Rural
Health Policy'' and inserting ``Assistant Secretary for Rural
Health''.
(D) Section 6213 of the Omnibus Budget Reconciliation Act
of 1989 (42 U.S.C. 1395x note) is amended in subsection
(e)(1) by striking ``Director of the Office of Rural Health
Policy'' and inserting ``Assistant Secretary for Rural
Health''.
(E) Section 403 of the Ryan White Comprehensive AIDS
Resources Emergency Act of 1990 (42 U.S.C. 300ff-11 note) is
amended in the matter preceding paragraph (1) of subsection
(a) by striking ``Director of the Office of Rural Health
Policy'' and inserting ``Assistant Secretary for Rural
Health''.
(3) Amendment to the executive schedule.--Section 5315 of
title 5, United States Code, is amended by striking
``Assistant Secretaries of Health and Human Services (5)''
and inserting ``Assistant Secretaries of Health and Human
Services (6)''.
(b) Expansion of Duties.--Section 711(a) of the Social
Security Act (42 U.S.C. 912(a)) is amended by striking ``and
access to (and the quality of) health care in rural areas''
and inserting ``access to, and quality of, health care in
rural areas, and reforms to the health care system and the
implications of such reforms for rural areas''.
(c) Transfer of Duties.--Effective January 1, 1996, the
functions, powers, duties, and authority that were carried
out in accordance with Federal law by the Office of Rural
Health Policy in the Department of Health and Human Services
are transferred to the Office of the Assistant Secretary for
Rural Health in the Department of Health and Human Services.
(d) Effective Date.--The amendments made by this section
shall take effect on January 1, 1996.
Subtitle B--Development of Telemedicine in Rural Underserved Areas
SEC. 3101. GRANTS FOR DEVELOPMENT OF RURAL TELEMEDICINE.
(a) In General.--
(1) Grants awarded.--The Secretary, acting through the
Office of Rural Health Policy, shall award grants to eligible
entities that have applications approved under subsection (b)
for the purpose of expanding access to health care services
for individuals in rural areas through the use of
telemedicine. Grants shall be awarded under this section to
encourage the initial development of rural telemedicine
networks, expand existing networks, link existing networks
together, or link such networks to existing fiber optic
telecommunications systems.
(2) Eligible entity.--For purposes of this section, the
term ``eligible entity'' includes hospitals and other health
care providers in a health care network of community-based
providers that includes at least 3 of the following:
(A) Community or migrant health centers.
(B) Local health departments.
[[Page S115]] (C) Community mental health centers.
(D) Nonprofit hospitals.
(E) Private practice health professionals, including rural
health clinics.
(F) Other publicly funded health or social services
agencies.
(b) Application.--To be eligible to receive a grant under
this section an entity shall submit to the Secretary an
application containing such information as the Secretary may
require, including the anticipated need for the grant and the
source and amount of non-Federal funds the entity would
pledge for the project.
(c) Preference.--The Secretary shall, in awarding grants
under this section, give preference to applicants that--
(1) are health care providers in rural health care networks
or providers that propose to form such networks in medically
underserved or health professional shortage areas;
(2) propose to use Federal funds to develop plans for, or
to establish, telemedicine systems that will link rural
hospitals and rural health care providers to other hospitals
and health care providers; and
(3) demonstrate financial, institutional, and community
support for the long range viability of the network.
(d) Use of Amounts.--Amounts received under a grant awarded
under this section shall be utilized for the development of
telemedicine networks. Such amounts may be used to cover the
costs associated with the development of telemedicine
networks and the acquisition of telemedicine equipment and
modifications or improvements of telecommunications
facilities as approved by the Secretary.
(e) Prohibited Uses.--Amounts received under a grant
awarded under this section may not be used for any of the
following:
(1) Expenditures to purchase or lease equipment to the
extent the expenditures would exceed more than 60 percent of
the total grant funds.
(2) Expenditures for indirect costs (as determined by the
Secretary) to the extent the expenditures would exceed more
than 10 percent of the total grant funds.
SEC. 3102. REPORT AND EVALUATION OF TELEMEDICINE.
Not later than October 1, 1995, the White House Information
Infrastructure Task Force shall prepare and submit to
Congress a report that evaluates the cost effectiveness and
utility of telemedicine and includes recommendations for a
coordinated Federal strategy to increase access to health
care through telemedicine.
SEC. 3103. REGULATIONS ON REIMBURSEMENT OF TELEMEDICINE.
Not later than July 1, 1996, the Secretary, in consultation
with the Assistant Secretary for Rural Health and the
Administrator of the Health Care Financing Administration,
shall issue regulations concerning reimbursement for
telemedicine services provided under title XVIII of the
Social Security Act.
SEC. 3104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 for
each of fiscal years 1996, 1997, 1998, 1999, and 2000, to
carry out this subtitle.
SEC. 3105. DEFINITIONS.
For purposes of this subtitle:
(1) Rural health care network.--The term ``rural health
care network'' means a group of rural hospitals or other
rural health care providers (including clinics, physicians
and non-physicians primary care providers) that have entered
into a relationship with each other or with nonrural
hospitals and health care providers for the purpose of
strengthening the delivery of health care services in rural
areas or specifically to improve their patients' access to
telemedicine services. At least 75 percent of hospitals and
other health care providers participating in the network
shall be located in rural areas.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
Subtitle C--Rural Health Plan Demonstration Projects
SEC. 3201. RURAL HEALTH PLAN DEMONSTRATION PROJECTS.
(a) In General.--The Secretary of Health and Human
Services, in consultation with the Secretary of Labor, shall
establish and implement not more than 3 demonstration
projects for the designation of rural health plan areas. To
be designated as a rural health plan area under this section,
an area must be a rural area (as defined in section
1866(d)(2)(D) of the Social Security Act (42 U.S.C.
1395cc(d)(2)(D))) or an underserved nonurban area in
accordance with other criteria specified by the Secretary of
Health and Human Services.
(b) Application.--To be eligible to conduct a demonstration
project under this section, an entity shall prepare and
submit to the Secretary of Health and Human Services an
application containing such information as the Secretary may
require to ensure that project participants meet the goals
described in subsection (d). An application submitted under
this section shall--
(1) identify the area in which the demonstration project
will be conducted; and
(2) provide assurances that the area described in paragraph
(1) meets the requirements of subsection (a).
(c) Requirements.--An entity offering a health plan (as
defined in section 1031(a)) through a demonstration project
under this section shall--
(1) have a recognized, long-standing relationship with the
rural community in which the project is being conducted; and
(2) ensure that the plan meets the requirements for health
plans under title I.
(d) Goals.--The goals referred to in this subsection are as
follows:
(1) To develop a reliable supply of health care providers
and rural health service delivery infrastructures with a
sound financial footing.
(2) To develop a mechanism to begin to provide the benefits
of networking found in urban health systems to rural
Americans living in rural health plan areas.
(e) Report.--Not later than 360 days after the date on
which the first demonstration project is implemented under
this section, and annually thereafter for each year in which
a project is being conducted, the Secretary of Health and
Human Services shall submit to Congress a report that
evaluates the effectiveness of such projects. Such reports
shall include any legislative recommendations determined
appropriate by the Secretary.
Subtitle D--Antitrust Safe Harbors for Rural Health Providers
SEC. 3301. ANTITRUST SAFE HARBORS FOR RURAL HEALTH PROVIDERS.
(a) In General.--The Attorney General of the United States,
in consultation with the Commissioner of the Federal Trade
Commission, shall establish policy guidelines to assist rural
health care providers in complying with safe harbor
requirements with respect to the conduct of activities
relating to the provision of health care services in rural
areas.
(b) Dissemination of Information.--The Attorney General, in
consultation with the Commissioner of the Federal Trade
Commission and the Assistant Secretary for Rural Health,
shall develop methods for the dissemination of the guidelines
established under subsection (a) to rural health care
providers.
(c) Publication of Additional Safe Harbors.--Not later than
120 days after the date of enactment of this Act, the
Attorney General shall publish in the Federal Register the
guidelines established under subsection (a) together with any
proposed additional safe harbors for rural providers of
health care services.
TITLE IV--QUALITY AND CONSUMER PROTECTION
Subtitle A--Administrative Simplification
PART 1--PURPOSE AND DEFINITIONS
SEC. 4001. PURPOSE.
(a) In General.--It is the purpose of this subtitle to
promote administrative simplification, enhance the usefulness
of health information, and protect privacy through the
establishment of a national framework for health information.
(b) Goals of Framework.--By standardizing data elements,
code sets, and electronic transactions, and by assuring a
secure environment for the transmission and exchange of
health information, it is the goal of the national framework
to reduce the burden of administrative complexity, paper
work, and cost on the health care system, including the
medicare program under title XVIII of the Social Security Act
and the medicaid program under title XIX of such Act. It is
the further goal of the national framework to enable the
information routinely collected in the health care and claims
processes to be used for other health related purposes,
including promoting access and quality of care, achieving
public health objectives, improving the detection of fraud
and abuse, and advancing medical research.
SEC. 4002. DEFINITIONS.
(a) Definitions for Title.--For purposes of this title:
(1) Health care provider.--The term ``health care
provider'' means any person furnishing health care services
or supplies.
(2) Health information.--The term ``health information''
means any information, whether oral or recorded in any form
or medium that--
(A) is created or received by a health care provider,
health plan, health oversight agency (as defined in section
4101), health researcher, public health authority (as defined
in section 4101), employer, life insurer, school or
university, or certified health information network service;
and
(B) relates to the past, present, or future physical or
mental health or condition of an individual, the provision of
health care to an individual, or the past, present, or future
payment for the provision of health care to an individual.
(3) Health information protection organization.--The term
``health information protection organization'' means a
private entity or an entity operated by a State, certified
under section 4022, that accesses standard data elements of
health information through the health information network
and--
(A) stores such information; and
(B) processes such information into non-identifiable health
information and discloses such information in accordance with
subtitle B.
(4) Health plan.--The term ``health plan'' has the meaning
given such term in section 1031(a) except that such term
shall include paragraphs (3), (4), (5), (6), (7), (8), and
(9) of such section.
(5) Non-identifiable health information.--The term ``non-
identifiable health information'' means health information
that is not protected health information as defined in
section 4101.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
[[Page S116]] (b) Definitions for Subtitle.--For purposes
of this subtitle:
(1) Code set.--The term ``code set'' means any set of codes
used for encoding data elements, such as tables of terms,
medical concepts, medical diagnostic codes, or medical
procedure codes.
(2) Coordination of benefits.--The term ``coordination of
benefits'' means determining and coordinating the financial
obligations of health plans when health care benefits are
payable under 2 or more health plans.
(3) Health information network.--The term ``health
information network'' means the health information system
that is formed through the application of the requirements
and standards established under this subtitle.
(4) Standard.--The term ``standard'', when referring to an
information transaction or to data elements of health
information, means the transaction or data elements meet any
standard adopted by the Secretary under part 2 that applies
to such information transaction or data elements.
PART 2--STANDARDS FOR DATA ELEMENTS AND INFORMATION TRANSACTIONS
SEC. 4011. GENERAL REQUIREMENTS ON SECRETARY.
The Secretary shall adopt standards and modifications to
standards under this subtitle relying, if possible, on
standards in use and generally accepted or developed or
modified by the standards setting organizations accredited by
the American National Standard Institute (ANSI).
SEC. 4012. STANDARDS FOR HEALTH INFORMATION TRANSACTIONS AND
DATA ELEMENTS.
(a) In General.--The Secretary shall adopt standards for
transactions, data elements, and code sets, to make uniform
and able to be exchanged electronically health information
that is--
(1) appropriate for the following financial and
administrative transactions: claims (including coordination
of benefits) or equivalent encounter information in the case
of health care providers that do not file claims, claims
attachments, enrollment and disenrollment, eligibility,
payment and remittance advice, premium payments, first report
of injury, claims status, and referral certification and
authorization;
(2) related to other transactions determined appropriate by
the Secretary consistent with the goals of improving the
health care system and reducing administrative costs; and
(3) related to inquiries by a health information protection
organization with respect to information standardized under
paragraph (1) or (2).
(b) Unique Health Identifiers.--The Secretary shall adopt
standards providing for a standard unique health identifier
for each individual, employer, health plan, and health care
provider for use in the health care system.
(c) Code Sets.--
(1) In general.--The Secretary shall, if possible, select
code sets from among the code sets that have been developed,
and shall establish efficient and low-cost procedures for
distribution of code sets and modifications made to such code
sets under section 4013(b).
(2) Additions and modifications to code sets.--The
Secretary shall ensure that procedures exist for the routine
maintenance, testing, enhancement, and expansion of code sets
to accommodate changes in biomedical science and health care
delivery. Modified code sets shall be adopted not more
frequently than once every 6 months.
(d) Electronic Signature.--The Secretary, in coordination
with the Secretary of Commerce, shall promulgate regulations
specifying procedures for the electronic transmission and
authentication of signatures, compliance with which shall be
deemed to satisfy Federal and State statutory requirements
for written signatures with respect to information
transactions required by this subtitle and written signatures
on medical records and prescriptions.
(e) Special Rules for Coordination of Benefits.--Any
standards adopted under subsection (a) that relate to
coordination of benefits shall provide that a claim for
reimbursement for medical services furnished is tested by an
algorithm specified by the Secretary against all records that
are electronically available through the health information
network relating to enrollment and eligibility for the
individual who received such services to determine any
primary and secondary obligers for payment.
PART 3--REQUIREMENTS WITH RESPECT TO CERTAIN TRANSACTIONS AND
INFORMATION
SEC. 4021. REQUIREMENTS ON HEALTH PLANS AND HEALTH CARE
PROVIDERS.
(a) In General.--A health plan or health care provider
shall conduct transactions described in section 4012(a) as
standard transactions.
(b) Compliance.--Not later than 12 months after the date on
which a standard is adopted under part 2, a health plan or
health care provider shall comply with the requirement under
subsection (a) with respect to such standard.
(c) Response to Electronic Inquiry.--If a health plan or
health care provider conducts a transaction in compliance
with subsection (a), such transaction and the standard data
elements of such transaction shall be made available
electronically, in accordance with section 4031, in response
to an electronic inquiry from a health information protection
organization.
SEC. 4022. STANDARDS AND CERTIFICATION FOR HEALTH INFORMATION
PROTECTION ORGANIZATIONS.
(a) Standards for Operation.--The Secretary shall establish
standards with respect to the operation and certification of
health information protection organizations, including
standards ensuring that--
(1) such organizations have capabilities, policies, and
procedures in place that are consistent with the privacy
requirements under subtitle B; and
(2) such organizations, if part of a larger organization,
have policies and procedures in place which isolate their
information processing activities in a manner that prevents
unauthorized access to such information by such larger
organization.
(b) Certification by Private Entities.--The Secretary may
designate private entities to conduct the certification
procedures established by the Secretary under this section.
PART 4--ACCESSING HEALTH INFORMATION
SEC. 4031. ACCESS FOR AUTHORIZED PURPOSES.
(a) In General.--The Secretary shall adopt technical
standards for appropriate persons to locate and access the
health information that is available through the health
information network. Such technical standards shall ensure
that any request to locate or access information shall be
authorized under subtitle B.
(b) Government Agencies.--
(1) In general.--Health information protection
organizations shall make available to a Federal or State
agency pursuant to a Federal Acquisition Regulation (or an
equivalent State system), any non-identifiable health
information that is requested by such agency.
(2) Certain information available at low cost.--If a health
information protection organization described in paragraph
(1) needs information from a health plan, health care
provider, or other health information protection organization
in order to comply with a request of a Federal or State
agency under this Act, such plan, provider, or other
organization shall make such information available to such
organization for a charge that does not exceed the reasonable
cost of transmitting the information.
(c) Modifications to Standards.--Rules similar to rules
under section 4012(c)(2) shall apply to modifications to
standards under this part.
PART 5--PENALTIES
SEC. 4041. GENERAL PENALTY FOR FAILURE TO COMPLY WITH
REQUIREMENTS AND STANDARDS.
(a) In General.--Except as provided in subsection (b), the
Secretary shall impose on any person that violates a
requirement or standard imposed under this subtitle a penalty
of not more than $1,000 for each violation. The provisions of
section 1128A of the Social Security Act (42 U.S.C. 1320a-7a)
(other than subsections (a) and (b) and the second sentence
of subsection (f)) shall apply to the imposition of a civil
money penalty under this subsection in the same manner as
such provisions apply to the imposition of a penalty under
such section 1128A.
(b) Limitations.--
(1) Noncompliance not discovered.--A penalty may not be
imposed under subsection (a) if it is established to the
satisfaction of the Secretary that the person liable for the
penalty did not know, and by exercising reasonable diligence
would not have known, that such person failed to comply with
the requirement or standard described in subsection (a).
(2) Failures due to reasonable cause.--A penalty may not be
imposed under subsection (a) if the failure to comply was due
to reasonable cause and not to willful neglect, and the
failure to comply is corrected during the time period
established by the Secretary.
(3) Reduction.--In the case of a failure to comply which is
due to reasonable cause and not to willful neglect, any
penalty under subsection (a) that is not entirely waived
under paragraph (2) may be waived to the extent that the
payment of such penalty would be excessive relative to the
compliance failure involved.
PART 6--MISCELLANEOUS PROVISIONS
SEC. 4051. EFFECT ON STATE LAW.
(a) In General.--Except as provided in subsection (b), a
provision, requirement, or standard under this subtitle shall
supersede any contrary provision of State law, including--
(1) any law that requires medical or health plan records
(including billing information) to be maintained or
transmitted in writing, and
(2) a provision of State law which provides for
requirements or standards that are more stringent than the
requirements or standards under this subtitle;
except if the Secretary determines that the provision is
necessary to prevent fraud and abuse, with respect to
controlled substances, or for other purposes.
(b) Public Health Reporting.--Nothing in this subtitle
shall be construed to invalidate or limit the authority,
power, or procedures established under any law providing for
the reporting of disease or injury, child abuse, birth, or
death, public health surveillance, or public health
investigation or intervention.
[[Page S117]] SEC. 4052. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this subtitle.
Subtitle B--Privacy of Health Information
PART 1--DEFINITIONS
SEC. 4101. DEFINITIONS.
For purposes of this subtitle:
(1) Protected health information.--The term ``protected
health information'' means any information, including
demographic information collected from an individual, whether
oral or recorded in any form or medium, that--
(A) is created or received by a health care provider,
health plan, health oversight agency, health researcher,
public health authority, employer, life insurer, school or
university, or health information protection organization;
and
(B) relates to the past, present, or future physical or
mental health or condition of an individual, the provision of
health care to an individual, or the past, present, or future
payment for the provision of health care to an individual,
and--
(i) identifies an individual; or
(ii) with respect to which there is a reasonable basis to
believe that the information can be used to identify an
individual.
(2) Disclose.--The term ``disclose'', when used with
respect to protected health information, means to provide
access to the information, but only if such access is
provided to a person other than the individual who is the
subject of the information.
(3) Health information trustee.--The term ``health
information trustee'' means--
(A) a health care provider, health plan, health oversight
agency, health information protection organization, employer,
life insurer, or school or university insofar as it creates,
receives, maintains, uses, or transmits protected health
information;
(B) any person who obtains protected health information
under section 4108, 4111, 4116, 4117, 4118, 4121, 4122, 4126,
or 4131; and
(C) any employee or agent of a person covered under
subparagraphs (A) or (B).
(4) Health oversight agency.--The term ``health oversight
agency'' means a person who--
(A) performs or oversees the performance of an assessment,
evaluation, determination, or investigation relating to the
licensing, accreditation, or certification of health care
providers; or
(B)(i) performs or oversees the performance of an
assessment, evaluation, determination, investigation, or
prosecution relating to the effectiveness of, compliance
with, or applicability of legal, fiscal, medical, or
scientific standards or aspects of performance related to the
delivery of, or payment for health care or relating to health
care fraud or fraudulent claims for payment regarding health
care; and
(ii) is a public agency, acting on behalf of a public
agency, acting pursuant to a requirement of a public agency,
or carrying out activities under a Federal or State law
governing the assessment, evaluation, determination,
investigation, or prosecution described in clause (i).
(5) Public health authority.--The term ``public health
authority'' means an authority or instrumentality of the
United States, a State, or a political subdivision of a State
that is--
(A) responsible for public health matters; and
(B) engaged in such activities as injury reporting, public
health surveillance, and public health investigation or
intervention.
(6) Individual representative.--The term ``individual
representative'' means any individual legally empowered to
make decisions concerning the provision of health care to an
individual (if the individual lacks the legal capacity under
State law to make such decisions) or the administrator or
executor of the estate of a deceased individual.
(7) Person.--The term ``person'' includes an authority of
the United States, a State, or a political subdivision of a
State.
PART 2--AUTHORIZED DISCLOSURES
Subpart A--General Provisions
SEC. 4106. GENERAL RULES REGARDING DISCLOSURE.
(a) General Rule.--A health information trustee may
disclose protected health information only for a purpose that
is authorized under this subtitle.
(b) Disclosure Within a Trustee.--A health information
trustee may disclose protected health information to an
officer, employee, or agent of the trustee for a purpose that
is compatible with and related to the purpose for which the
information was collected or received by that trustee.
(c) Scope of Disclosure.--Every disclosure of protected
health information by a health information trustee shall be
limited to the minimum amount of information necessary to
accomplish the purpose for which the information is
disclosed.
(d) No General Requirement to Disclose.--Nothing in this
subtitle that permits a disclosure of health information
shall be construed to require such disclosure.
(e) Use and Redisclosure of Information.--Protected health
information about an individual that is disclosed under this
subtitle may not be used in, or disclosed to any person for
use in, any administrative, civil, or criminal action or
investigation directed against the individual unless the
action or investigation arises out of or is directly related
to the law enforcement inquiry for which the information was
obtained.
(f) Identification of Disclosed Information as Protected
Information.--When engaging in a permitted disclosure, a
health information trustee shall clearly identify protected
health information as such and as protected by this subtitle,
unless the disclosure is made under section 4112 or is a
routine disclosure made under a written agreement which
satisfies this subsection.
(g) Directory Information.--A health care provider and a
person receiving protected health information under section
4112 may disclose protected health information to any person
if the information consists only of 1 or more of the
following items:
(1) The the name of the individual who is the subject of
the information.
(2) If the individual who is the subject of the information
is receiving health care from a health care provider on a
premises controlled by the provider--
(A) the location of the individual on the premises; and
(B) the general health status of the individual, described
as critical, poor, fair, stable, or satisfactory, or in terms
denoting similar conditions.
(h) Next of Kin.--A health care provider or person who
receives protected health information under section 4112 may
disclose protected health information to the next of kin, an
individual representative of the individual who is the
subject of the information, or an individual with whom that
individual has a close personal relationship if--
(1) the individual who is the subject of the information--
(A) has been notified of the individual's right to object
and has not objected to the disclosure;
(B) is not competent to be notified about the right to
object; or
(C) is subject to exigent circumstances such that it would
not be practicable to notify the individual of the right to
object; and
(2) the information disclosed relates to health care
currently being provided to that individual.
(i) Information in Which Providers are Identified.--The
Secretary may issue regulations protecting information
identifying providers in order to promote the availability of
health care services.
SEC. 4107. AUTHORIZATIONS FOR DISCLOSURE OF PROTECTED HEALTH
INFORMATION.
(a) Written Authorizations.--A health information trustee
may disclose protected health information pursuant to an
authorization executed by the individual who is the subject
of the information under regulations issued by the Secretary.
(b) Written Objections to Disclosure.--Except if required
by law, nothing in this subtitle that permits a disclosure
shall allow such disclosure if the subject of the protected
health information has previously objected to disclosure in
writing.
SEC. 4108. HEALTH INFORMATION PROTECTION ORGANIZATIONS.
A health information trustee may disclose protected health
information to a health information protection organization
for the purpose of creating non-identifiable health
information.
Subpart B--Specific Disclosures Relating to Patient
SEC. 4111. DISCLOSURES FOR TREATMENT AND FINANCIAL AND
ADMINISTRATIVE TRANSACTIONS.
(a) Health Care Treatment.--A health care provider, health
plan, employer, or person who receives protected health
information under section 4112, may disclose protected health
information to a health care provider for the purpose of
providing health care to an individual.
(b) Disclosure for Financial and Administrative Purposes.--
A health care provider or employer may disclose protected
health information to a health care provider or health plan
for the purpose of providing for the payment for, or
reviewing the payment of, health care furnished to an
individual.
SEC. 4112. EMERGENCY CIRCUMSTANCES.
A health care provider, health plan, employer, or person
who receives protected health information under this section
may disclose protected health information in emergency
circumstances when necessary to protect the health or safety
of an individual from imminent harm.
Subpart C--Disclosure for Oversight, Public Health, and Research
Purposes
SEC. 4116. OVERSIGHT.
A health information trustee may disclose protected health
information to a health oversight agency for an oversight
function authorized by law.
SEC. 4117. PUBLIC HEALTH.
A health care provider, health plan, public health
authority, employer, or person who receives protected health
information under section 4112 may disclose protected health
information to a public health authority or other person
authorized by law for use in a legally authorized--
(1) disease or injury reporting;
(2) public health surveillance; or
(3) public health investigation or intervention.
SEC. 4118. HEALTH RESEARCH.
(a) In General.--A health information trustee may disclose
protected health information to a health researcher if an
institutional review board determines that the research
project engaged in by the health researcher--
[[Page S118]] (1) requires use of the protected health
information for the effectiveness of the project; and
(2) is of sufficient importance to outweigh the intrusion
into the privacy of the individual who is the subject of the
information that would result from the disclosure.
(b) Research Requiring Direct Contact.--A health care
provider or health plan may disclose protected health
information to a health researcher for a research project
that includes direct contact with an individual who is the
subject of protected health information if an institutional
review board determines that direct contact is necessary and
will be made in a manner that minimizes the risk of harm,
embarrassment, or other adverse consequences to the
individual.
(c) Obligations of Recipient.--A person who receives
protected health information under subsection (a) shall use
such information solely for the purposes of the approved
research project and shall remove or destroy, at the earliest
opportunity consistent with the purposes of the project,
information that would enable an individual to be identified.
Subpart D--Disclosure For Judicial, Administrative, and Law Enforcement
Purposes
SEC. 4121. JUDICIAL AND ADMINISTRATIVE PURPOSES.
A health care provider, health plan, health oversight
agency, or employer may disclose protected health
information, subject to a court's rules of procedure--
(1) in connection with litigation or proceedings to which
the individual who is the subject of the information is a
party and in which the individual has placed the individual's
physical or mental condition at issue;
(2) if the protected health information is developed in
response to a court-ordered physical or mental examination;
or
(3) pursuant to a law requiring the reporting of specific
medical information to law enforcement authorities.
SEC. 4122. LAW ENFORCEMENT.
(a) In General.--A health care provider, health plan,
health oversight agency, employer, or person who receives
protected health information under section 4112 may disclose
protected health information to a law enforcement agency
(other than a health oversight agency governed by section
4116) if the information is requested for use--
(1) in an investigation or prosecution of a health
information trustee;
(2) in the identification of a victim or witness in a law
enforcement inquiry; or
(3) in connection with the investigation of criminal
activity committed against the trustee or on premises
controlled by the trustee.
(b) Written Certification.--If a law enforcement agency
(other than a health oversight agency) requests that a health
information trustee disclose protected health information
under this section, such agency shall provide the trustee
with a written certification that--
(1) specifies the information requested;
(2) states that the information is needed for a lawful
purpose under this section; and
(3) is signed by a supervisory official of a rank
designated by the head of the agency.
Subpart E--Disclosure Pursuant to Government Subpoena or Warrant
SEC. 4126. GOVERNMENT SUBPOENAS AND WARRANTS.
A health care provider, health plan, health oversight
agency, employer, or person who receives protected health
information under section 4112 may disclose protected health
information under this section if the disclosure is pursuant
to--
(1) an administrative subpoena or summons, a judicial
subpoena or warrant, or a grand jury subpoena, and the
trustee is provided written certification that section 4127
has been complied with by the person seeking the subpoena or
summons; or
(2) an administrative subpoena or summons, a judicial
subpoena or warrant, or a grand jury subpoena, and the
disclosure otherwise meets the conditions of section 4116,
4117, 4118, 4121, or 4122.
SEC. 4127. ACCESS PROCEDURES FOR LAW ENFORCEMENT SUBPOENAS
AND WARRANTS.
(a) Probable Cause Requirement.--A government authority may
not obtain protected health information about an individual
under paragraph (1) or (2) of section 4126 for use in a law
enforcement inquiry unless there is probable cause to believe
that the information is relevant to a legitimate law
enforcement inquiry being conducted by the government
authority.
(b) Warrants.--A government authority that obtains
protected health information about an individual under
circumstances described in subsection (a) and pursuant to a
warrant shall, not later than 30 days after the date the
warrant was executed, serve the individual with, or mail to
the last known address of the individual, a notice that
protected health information about the individual was so
obtained, together with a notice of the individual's right to
challenge the warrant.
(c) Subpoena or Summons.--Except as provided in subsection
(d), a government authority may not obtain protected health
information about an individual under circumstances described
in subsection (a) and pursuant to a subpoena or summons
unless a copy of the subpoena or summons has been served on
the individual on or before the date of return of the
subpoena or summons, together with notice of the individual's
right to challenge the subpoena or summons. No disclosure may
be made until after the 15th day after the individual has
been served or after a court order allowing disclosure.
(d) Application for Delay.--
(1) In general.--A government authority may apply ex parte
and under seal to an appropriate court to delay (or extend a
delay) serving a notice or copy of a warrant, subpoena, or
summons required under subsection (b) or (c). The initial
period of delay may not exceed 90 days.
(2) Ex parte order.--The court shall enter an ex parte
order delaying or extending the delay of notice, an order
prohibiting the disclosure of the request for, or disclosure
of, the protected health information, and an order requiring
the disclosure of the protected health information if the
court finds that--
(A) the inquiry being conducted is within the lawful
jurisdiction of the government authority seeking the
protected health information;
(B) there is probable cause to believe that the protected
health information being sought is relevant to a legitimate
law enforcement inquiry;
(C) the government authority's need for the information
outweighs the privacy interest of the individual who is the
subject of the information; and
(D) there is reasonable ground to believe that receipt of
notice by the individual will result in--
(i) endangering the life or physical safety of any
individual;
(ii) flight from prosecution;
(iii) destruction of or tampering with evidence or the
information being sought;
(iv) intimidation of potential witnesses; or
(v) disclosure of the existence or nature of a confidential
law enforcement investigation or grand jury investigation is
likely to seriously jeopardize such investigation.
SEC. 4128. CHALLENGE PROCEDURES FOR LAW ENFORCEMENT WARRANTS,
SUBPOENAS, AND SUMMONS.
(a) Motion To Quash.--Within 15 days after the date of
service of a notice of execution or a copy of a warrant,
subpoena, or summons of a government authority seeking
protected health information about an individual under
paragraph (1) or (2) of section 4126, the individual may file
a motion to quash.
(b) Standard for Decision.--The court shall grant a motion
under subsection (a) unless the government demonstrates that
there is probable cause to believe the protected health
information is relevant to a legitimate law enforcement
inquiry being conducted by the government authority and the
government authority's need for the information outweighs the
privacy interest of the individual.
Subpart F--Disclosure Pursuant to Party Subpoena
SEC. 4131. PARTY SUBPOENAS.
A health care provider, health plan, employer, or person
who receives protected health information under section 4112
may disclose protected health information under this section
if the disclosure is pursuant to a subpoena issued on behalf
of a party who has complied with the access provisions of
section 4132.
SEC. 4132. ACCESS PROCEDURES FOR PARTY SUBPOENAS.
A party may not obtain protected health information about
an individual pursuant to a subpoena unless a copy of the
subpoena together with a notice of the individual's right to
challenge the subpoena in accordance with section 4133 has
been served upon the individual on or before the date of
return of the subpoena.
SEC. 4133. CHALLENGE PROCEDURES FOR PARTY SUBPOENAS.
(a) Motion To Quash Subpoena.--After service of a copy of
the subpoena seeking protected health information under
section 4131, the individual who is the subject of the
protected health information may file in any court of
competent jurisdiction a motion to quash the subpoena.
(b) Standard for Decision.--The court shall grant a motion
under subsection (a) unless the respondent demonstrates
that--
(1) there is reasonable ground to believe the information
is relevant to a lawsuit or other judicial or administrative
proceeding; and
(2) the need of the respondent for the information
outweighs the privacy interest of the individual.
PART 3--PROCEDURES FOR ENSURING SECURITY OF PROTECTED HEALTH
INFORMATION
Subpart A--Establishment of Safeguards
SEC. 4136. ESTABLISHMENT OF SAFEGUARDS.
A health information trustee shall establish and maintain
appropriate administrative, technical, and physical
safeguards to ensure the integrity and confidentiality of
protected health information created or received by the
trustee.
SEC. 4137. ACCOUNTING FOR DISCLOSURES.
A health information trustee shall create and maintain,
with respect to any protected health information disclosed in
exceptional circumstances, a record of the disclosure in
accordance with regulations issued by the Secretary.
Subpart B--Review of Protected Health Information By Subjects of the
Information
SEC. 4141. INSPECTION OF PROTECTED HEALTH INFORMATION.
(a) In General.--Except as provided in subsection (b), a
health care provider or health plan shall permit an
individual who is
[[Page S119]] the subject of protected health information or
the individual's designee to inspect any such information
that the provider or plan maintains. A health care provider
or health plan may require an individual to reimburse the
provider or plan for the cost of such inspection.
(b) Exceptions.--A health care provider or health plan is
not required by this section to permit inspection or copying
of protected health information if any of the following
conditions apply:
(1) Mental health treatment notes.--The information
consists of psychiatric, psychological, or mental health
treatment notes, and the provider or plan determines, based
on reasonable medical judgment, that inspection or copying of
the notes would cause sufficient harm.
(2) Endangerment to life or safety.--The provider or plan
determines that disclosure of the information could
reasonably be expected to endanger the life or physical
safety of any individual.
(3) Confidential source.--The information identifies or
could reasonably lead to the identification of a person
(other than a health care provider) who provided information
under a promise of confidentiality to a health care provider
concerning the individual who is the subject of the
information.
(4) Administrative purposes.--The information is used by
the provider or plan solely for administrative purposes and
not in the provision of health care to the individual who is
the subject of the information.
SEC. 4142. AMENDMENT OF PROTECTED HEALTH INFORMATION.
A health care provider or health plan shall, within 45 days
after receiving a written request to correct or amend
protected health information from the individual who is the
subject of the information--
(1) correct or amend such information; or
(2) provide the individual with a statement of the reasons
for refusing to correct or amend such information and include
a copy of such statement in the provider's or plan's records.
SEC. 4143. NOTICE OF INFORMATION PRACTICES.
A health care provider or health plan shall provide written
notice of the provider's or plan's information practices,
including notice of individual rights with respect to
protected health information.
PART 4--SANCTIONS
Subpart A--Civil Sanctions
SEC. 4151. CIVIL PENALTY.
(a) Violation.--Any health information trustee who the
Secretary determines has substantially failed to comply with
this subtitle shall be subject, in addition to any other
penalties that may be prescribed by law, to a civil penalty
of not more than $10,000 for each such violation.
(b) Procedures for Imposition of Penalties.--Section 1128A
of the Social Security Act (42 U.S.C. 1320a-7a), other than
subsections (a) and (b) and the second sentence of subsection
(f) of that section, shall apply to the imposition of a civil
monetary penalty under this section in the same manner as
such provisions apply with respect to the imposition of a
penalty under such section 1128A.
SEC. 4152. CIVIL ACTION.
(a) In General.--An individual who is aggrieved by
negligent conduct in violation of this subtitle may bring a
civil action to recover--
(1) the greater of actual damages or liquidated damages of
$5,000;
(2) punitive damages;
(3) a reasonable attorney's fee and expenses of litigation;
(4) costs of litigation; and
(5) such preliminary and equitable relief as the court
determines to be appropriate.
(b) Limitation.--No action may be commenced under this
section more than 3 years after the date on which the
violation was or should reasonably have been discovered.
Subpart B--Criminal Sanctions
SEC. 4161. WRONGFUL DISCLOSURE OF PROTECTED HEALTH
INFORMATION.
(a) Offense.--A person who knowingly--
(1) obtains protected health information relating to an
individual in violation of this subtitle; or
(2) discloses protected health information to another
person in violation of this subtitle,
shall be punished as provided in subsection (b).
(b) Penalties.--A person described in subsection (a)
shall--
(1) be fined not more than $50,000, imprisoned not more
than 1 year, or both;
(2) if the offense is committed under false pretenses, be
fined not more than $100,000, imprisoned not more than 5
years, or both; and
(3) if the offense is committed with intent to sell,
transfer, or use protected health information for commercial
advantage, personal gain, or malicious harm, fined not more
than $250,000, imprisoned not more than 10 years, or both.
PART 5--ADMINISTRATIVE PROVISIONS
SEC. 4166. RELATIONSHIP TO OTHER LAWS.
(a) State Law.--Except as provided in subsections (b), (c),
and (d), this subtitle preempts State law.
(b) Laws Relating to Public or Mental Health.--Nothing in
this subtitle shall be construed to preempt or operate to the
exclusion of any State law relating to public health or
mental health that prevents or regulates disclosure of
protected health information otherwise allowed under this
subtitle.
(c) Privileges.--Nothing in this subtitle is intended to
preempt or modify State common or statutory law to the extent
such law concerns a privilege of a witness or person in a
court of the State. This subtitle does not supersede or
modify Federal common or statutory law to the extent such law
concerns a privilege of a witness or person in a court of the
United States. Authorizations pursuant to section 4107 shall
not be construed as a waiver of any such privilege.
(d) Certain Duties Under State or Federal Law.--This
subtitle shall not be construed to preempt, supersede, or
modify the operation of--
(1) any law that provides for the reporting of vital
statistics such as birth or death information;
(2) any law requiring the reporting of abuse or neglect
information about any individual;
(3) subpart II of part E of title XXVI of the Public Health
Service Act (42 U.S.C. 300ff-81 et seq.) (relating to
notifications of emergency response employees of possible
exposure to infectious diseases); or
(4) any Federal law or regulation governing confidentiality
of alcohol and drug patient records.
SEC. 4167. RIGHTS OF INCOMPETENTS.
Except as provided in section 4168, if an individual has
been declared to be incompetent by a court of competent
jurisdiction, the rights of the individual under this
subtitle shall be exercised and discharged in the best
interests of the individual through the individual's
representative.
SEC. 4168. EXERCISE OF RIGHTS.
(a) Individuals Who Are 18 or Legally Capable.--In the case
of an individual--
(1) who is 18 years of age or older, all rights of the
individual shall be exercised by the individual; or
(2) who, acting alone, has the legal right, as determined
by State law, to apply for and obtain a type of medical
examination, care, or treatment and who has sought such
examination, care, or treatment, the individual shall
exercise all rights of an individual under this subtitle with
respect to protected health information relating to such
examination, care, or treatment.
(b) Individuals Under 18.--Except as provided in subsection
(a)(2), in the case of an individual who is--
(1) under 14 years of age, all the individual's rights
under this subtitle shall be exercised through the parent or
legal guardian of the individual; or
(2) 14, 15, 16, or 17 years of age, the rights of
inspection and amendment, and the right to authorize
disclosure of protected health information of the individual
may be exercised either by the individual or by the parent or
legal guardian of the individual.
Subtitle C--Enhanced Penalties for Health Care Fraud
SEC. 4201. ALL-PAYER FRAUD AND ABUSE CONTROL PROGRAM.
(a) Establishment of Program.--
(1) In general.--Not later than January 1, 1996, the
Secretary of Health and Human Services (in this subtitle
referred to as the ``Secretary''), acting through the Office
of the Inspector General of the Department of Health and
Human Services, and the Attorney General shall establish a
program--
(A) to coordinate Federal, State, and local law enforcement
programs to control fraud and abuse with respect to the
delivery of and payment for health care in the United States,
(B) to conduct investigations, audits, evaluations, and
inspections relating to the delivery of and payment for
health care in the United States,
(C) to facilitate the enforcement of the provisions of
sections 1128, 1128A, and 1128B of the Social Security Act
(42 U.S.C. 1320a-7, 1320a-7a, and 1320a-7b) and other
statutes applicable to health care fraud and abuse, and
(D) to provide for the modification and establishment of
safe harbors and to issue interpretative rulings and special
fraud alerts.
(2) Regulations.--The Secretary and the Attorney General
shall by regulation establish standards to carry out the
program under paragraph (1).
(b) Health Care Fraud and Abuse Control Account.--
(1) Establishment.--
(A) In general.--There is hereby established an account to
be known as the ``Health Care Fraud and Abuse Control
Account'' (in this section referred to as the ``Anti-Fraud
Account'').
(B) Transfer of amounts.--The Secretary of the Treasury
shall transfer to the Anti-Fraud Account an amount equal to
the sum of the following:
(i) Criminal fines imposed in cases involving a Federal
health care offense (as defined in subparagraph (C)).
(ii) Administrative penalties and assessments imposed under
titles XI, XVIII, and XIX of the Social Security Act (except
as otherwise provided by law).
(iii) Amounts resulting from the forfeiture of property by
reason of a Federal health care offense.
(iv) Penalties and damages imposed under the False Claims
Act (31 U.S.C. 3729 et seq.) (except as otherwise provided by
law), in cases involving claims related to the provision of
health care items and services (other than funds awarded to a
relator or for restitution).
(C) For purposes of this paragraph, the term ``Federal
health care offense'' means a violation of, or a criminal
conspiracy to violate--
[[Page S120]] (i) section 1347 of title 18, United States
Code;
(ii) section 1128B of the Social Security Act (42 U.S.C.
1320a-7b);
(iii) sections 287, 371, 664, 666, 1001, 1027, 1341, 1343,
or 1954 of title 18, United States Code, if the violation or
conspiracy relates to health care fraud; and
(iv) section 501 or 511 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1131 and 1141), if the
violation or conspiracy relates to health care fraud.
(2) Use of funds.--
(A) In general.--Amounts in the Anti-Fraud Account shall be
available without appropriation and until expended as
determined jointly by the Secretary and the Attorney General
of the United States in carrying out the health care fraud
and abuse control program established under subsection (a)
(including the administration of the program), and may be
used to cover costs incurred in operating the program,
including costs (including equipment, salaries and benefits,
and travel and training) of--
(i) prosecuting health care matters (through criminal,
civil, and administrative proceedings);
(ii) investigations;
(iii) financial and performance audits of health care
programs and operations;
(iv) inspections and other evaluations; and
(v) provider and consumer education regarding compliance
with the provisions of this subtitle.
(4) Use of funds by inspector general.--The Inspector
General is authorized to receive and retain for current use
reimbursement for the costs of conducting investigations,
when such restitution is ordered by a court, voluntarily
agreed to by the payer, or otherwise.
SEC. 4202. APPLICATION OF FEDERAL HEALTH ANTI-FRAUD AND ABUSE
SANCTIONS TO ALL FRAUD AND ABUSE AGAINST ANY
HEALTH PLAN.
(a) Application of Civil Monetary Penalties.--Section 1128A
of the Social Security Act (42 U.S.C. 1320a-7a) is amended as
follows:
(1) In subsection (a)(1), by inserting ``or of any health
plan (as defined in section 1128(i)),'' after ``subsection
(i)(1)),''.
(2) In subsection (b)(1)(A), by inserting ``or under a
health plan'' after ``title XIX''.
(3) In subsection (i)--
(A) in paragraph (2), by inserting ``or under a health
plan'' before the period at the end, and
(B) in paragraph (5), by inserting ``or under a health
plan'' after ``or XX''.
(b) Permitting Secretary To Impose Civil Monetary
Penalty.--Section 1128A(b) of the Social Security Act (42
U.S.C. 1320a-7a(a)) is amended by adding the following new
paragraph:
``(3) Any person (including any organization, agency, or
other entity, but excluding a beneficiary as defined in
subsection (i)(5)) who the Secretary determines has violated
section 1128B(b) of this title shall be subject to a civil
monetary penalty of not more than $10,000 for each such
violation. In addition, such person shall be subject to an
assessment of not more than twice the total amount of the
remuneration offered, paid, solicited, or received in
violation of section 1128B(b). The total amount of
remuneration subject to an assessment shall be calculated
without regard to whether some portion thereof also may have
been intended to serve a purpose other than one proscribed by
section 1128B(b).''.
(c) Health Plan Defined.--Section 1128 of the Social
Security Act (42 U.S.C. 1320a-7) is amended by redesignating
subsection (i) as subsection (j) and by inserting after
subsection (h) the following new subsection:
``(i) Health Plan Defined.--For purposes of sections 1128A
and 1128B, the term `health plan' has the meaning given such
term in section 1031(a) of the Family Health Insurance
Protection Act.''.
(d) Effective Date.--The amendments made by this section
shall take effect on January 1, 1996.
SEC. 4203. ESTABLISHMENT OF THE HEALTH CARE FRAUD AND ABUSE
DATA COLLECTION PROGRAM.
(a) General Purpose.--Not later than January 1, 1996, the
Secretary shall establish a national health care fraud and
abuse data collection program for the reporting of final
adverse actions (not including settlements in which no
findings of liability have been made) against health care
providers, suppliers, or practitioners as required by
regulations issued by the Secretary.
(b) Conforming Amendment.--Section 1921(d) of the Social
Security Act (42 U.S.C. 1396r-2(d)) is amended by inserting
``and section 4203 of the Family Health Insurance Protection
Act'' after ``section 422 of the Health Care Quality
Improvement Act of 1986''.
SEC. 4204. HEALTH CARE FRAUD.
(a) Fines and Imprisonment for Health Care Fraud
violations.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 1347. Health care fraud
``(a) Whoever knowingly executes, or attempts to execute, a
scheme or artifice--
``(1) to defraud any health plan or other person, in
connection with the delivery of or payment for health care
benefits, items, or services; or
``(2) to obtain, by means of false or fraudulent pretenses,
representations, or promises, any of the money or property
owned by, or under the custody or control of, any health
plan, or person in connection with the delivery of or payment
for health care benefits, items, or services;
shall be fined under this title or imprisoned not more than
10 years, or both. If the violation results in serious bodily
injury (as defined in section 1365(g)(3) of this title), such
person shall be imprisoned for any term of years.
``(b) For purposes of this section, the term `health plan'
has the meaning given such term in section 1128(i) of the
Social Security Act (42 U.S.C. 1320a-7(i)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``1347. Health care fraud.''.
Subtitle D--Health Care Malpractice Reform
SEC. 4301. FEDERAL TORT REFORM.
(a) Applicability.--
(1) In general.--Except as provided in section 4302, this
subtitle shall apply with respect to any medical malpractice
liability action brought in any State or Federal court,
except that this subtitle shall not apply to a claim or
action for damages arising from a vaccine-related injury or
death to the extent that title XXI of the Public Health
Service Act (42 U.S.C. 300aa-1 et seq.) applies to the claim
or action.
(2) Effect on sovereign immunity and choice of law or
venue.--Nothing in this subtitle shall be construed to--
(A) waive or affect any defense of sovereign immunity
asserted by any State under any provision of law;
(B) waive or affect any defense of sovereign immunity
asserted by the United States;
(C) affect the applicability of any provision of the
Foreign Sovereign Immunities Act of 1976;
(D) preempt State choice-of-law rules with respect to
claims brought by a foreign nation or a citizen of a foreign
nation; or
(E) affect the right of any court to transfer venue or to
apply the law of a foreign nation or to dismiss a claim of a
foreign nation or of a citizen of a foreign nation on the
ground of inconvenient forum.
(3) Federal court jurisdiction not established on federal
question grounds.--Nothing in this subtitle shall be
construed to establish any jurisdiction in the district
courts of the United States over medical malpractice
liability actions on the basis of section 1331 or 1337 of
title 28, United States Code.
(b) Definitions.--For purposes of this subtitle:
(1) Alternative dispute resolution system; ADR.--The term
``alternative dispute resolution system'' or ``ADR'' means a
system that provides for the resolution of medical
malpractice claims in a manner other than through medical
malpractice liability actions.
(2) Claimant.--The term ``claimant'' means any person who
alleges a medical malpractice claim, and any person on whose
behalf such a claim is alleged, including the decedent in the
case of an action brought through or on behalf of an estate.
(3) Health care professional.--The term ``health care
professional'' means any individual who provides health care
services in a State and who is required by the laws or
regulations of the State to be licensed or certified by the
State to provide such services in the State.
(4) Health care provider.--The term ``health care
provider'' means any organization or institution that is
engaged in the delivery of health care services in a State
and that is required by the laws or regulations of the State
to be licensed or certified by the State to engage in the
delivery of such services in the State.
(5) Health plan.--The term ``health plan'' has the meaning
given such term in section 1031(a).
(6) Injury.--The term ``injury'' means any illness,
disease, or other harm that is the subject of a medical
malpractice liability action or a medical malpractice claim.
(7) Medical malpractice liability action.--The term
``medical malpractice liability action'' means a cause of
action brought in a State or Federal court against a health
care provider or health care professional by which the
plaintiff brings a medical malpractice claim.
(8) Medical malpractice claim.--The term ``medical
malpractice claim'' means a claim brought against a health
care provider or health care professional in which a claimant
alleges that injury was caused by the provision of (or the
failure to provide) health care services, except that such
term does not include--
(A) any claim based on an allegation of an intentional
tort;
(B) any claim based on an allegation that a product is
defective that is brought against any individual or entity
that is not a health care professional or health care
provider; or
(C) any claim brought pursuant to a health plan benefit
determination review procedure.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4302. STATE-BASED ALTERNATIVE DISPUTE RESOLUTION
MECHANISMS.
(a) Application to Malpractice Claims Under Plans.--Prior
to or immediately following the commencement of any medical
malpractice action, the parties shall participate in the
alternative dispute resolution system administered by the
State under subsection (b). Such participation shall be in
[[Page S121]] lieu of any other provision of Federal or
State law or any contractual agreement made by or on behalf
of the parties prior to the commencement of the medical
malpractice action.
(b) Adoption of Mechanism by State.--Each State shall--
(1) maintain or adopt at least 1 of the alternative dispute
resolution methods satisfying the requirements specified
under subsection (c) and (d) for the resolution of medical
malpractice claims; and
(2) clearly disclose to enrollees (and potential enrollees)
of health plans the availability and procedures for consumer
grievances, including a description of the alternative
dispute resolution method or methods adopted under this
subsection.
(c) Specification of Permissible Alternative Dispute
Resolution Methods.--
(1) In general.--The Secretary shall, by regulation,
develop alternative dispute resolution methods for the use by
States in resolving medical malpractice claims under
subsection (a). Such methods shall include at least the
following:
(A) Arbitration.--The use of arbitration, a nonjury
adversarial dispute resolution process which may, subject to
subsection (d), result in a final decision as to facts, law,
liability, or damages.
(B) Claimant-requested binding arbitration.--For claims
involving a sum of money that falls below a threshold amount
set by the Secretary, the use of arbitration not subject to
subsection (d). Such binding arbitration shall be at the sole
discretion of the claimant.
(C) Mediation.--The use of mediation, a settlement process
coordinated by a neutral third party without the ultimate
rendering of a formal opinion as to factual or legal
findings.
(D) Early neutral evaluation.--The use of early neutral
evaluation, in which the parties make a presentation to a
neutral attorney or other neutral evaluator for an assessment
of the merits, to encourage settlement. If the parties do not
settle as a result of assessment and proceed to trial, the
neutral evaluator's opinion shall be kept confidential.
(2) Standards for establishing methods.--In developing
alternative dispute resolution methods under paragraph (1),
the Secretary shall assure that the methods promote the
resolution of medical malpractice claims in a manner that is
affordable, timely, consistent and fair, and reasonably
convenient.
(3) Waiver authority.--Upon application of a State, the
Secretary may grant the State the authority to fulfill the
requirement of subsection (b) by adopting a mechanism other
than a mechanism established by the Secretary pursuant to
this subsection, except that such mechanism must meet the
standards set forth in paragraph (2).
(d) Further Redress.--Except with respect to the claimant-
requested binding arbitration method set forth in subsection
(c)(1)(B), and notwithstanding any other provision of a law
or contractual agreement, a plan enrollee dissatisfied with
the determination reached as a result of an alternative
dispute resolution method applied under this section may,
after the final resolution of the enrollee's claim under the
method, initiate or resume a cause of action to seek damages
or other redress with respect to the claim to the extent
otherwise permitted under State law. The results of any
alternative dispute resolution procedure are inadmissible at
any subsequent trial, as are all statements, offers, and
other communications made during such procedures, unless
otherwise admissible under State law.
SEC. 4303. LIMITATION ON AMOUNT OF ATTORNEY'S CONTINGENCY
FEES.
(a) In General.--An attorney who represents, on a
contingency fee basis, a plaintiff in a medical malpractice
liability action may not charge, demand, receive, or collect
for services rendered in connection with such action
(including the resolution of the claim that is the subject of
the action under any alternative dispute resolution system)
in excess of--
(1) 33\1/3\ percent of the first $150,000 of the total
amount recovered by judgment or settlement in such action;
plus
(2) 25 percent of any amount recovered above the amount
described in paragraph (1);
unless otherwise determined under State law. Such amount
shall be computed after deductions are made for all the
expenses associated with the claim other than those
attributable to the normal operating expenses of the
attorney.
(b) Calculation of periodic payments.--In the event that a
judgment or settlement includes periodic or future payments
of damages, the amount recovered for purposes of computing
the limitation on the contingency fee under subsection (a)
may, in the discretion of the court, be based on the cost of
the annuity or trust established to make the payments. In any
case in which an annuity or trust is not established to make
such payments, such amount shall be based on the present
value of the payments.
(c) Contingency Fee Defined.--For purposes of this section,
the term ``contingency fee'' means any fee for professional
legal services which is, in whole or in part, contingent upon
the recovery of any amount of damages, whether through
judgment or settlement.
SEC. 4304. PERIODIC PAYMENT OF AWARDS.
(a) In General.--A party to a medical malpractice liability
action may petition the court to instruct the trier of fact
to award any future damages on an appropriate periodic basis.
If the court, in its discretion, so instructs the trier of
fact, and damages are awarded on a periodic basis, the court
may require the defendant to purchase an annuity or other
security instrument (typically based on future damages
discounted to present value) adequate to assure payments of
future damages.
(b) Failure or Inability To Pay.--With respect to an award
of damages described in subsection (a), if a defendant fails
to make payments in a timely fashion, or if the defendant
becomes or is at risk of becoming insolvent, upon such a
showing the claimant may petition the court for an order
requiring that remaining balance be discounted to present
value and paid to the claimant in a lump-sum.
(c) Modification of Payment Schedule.--The court shall
retain authority to modify the payment schedule based on
changed circumstances.
(d) Future Damages Defined.--For purposes of this section,
the term ``future damages'' means any economic or noneconomic
loss other than that incurred or accrued as of the time of
judgment.
SEC. 4305. ALLOCATION OF PUNITIVE DAMAGE AWARDS FOR PROVIDER
LICENSING AND DISCIPLINARY ACTIVITIES.
(a) In General.--With respect to the total amount of any
punitive damages awarded in a medical malpractice liability
action, 50 percent of such amount shall be paid to the State
in which the action is brought (or, in a case brought in
Federal court, in the State in which the health care services
that caused the injury that is the subject of the action were
provided) for the purposes of carrying out the activities
described in subsection (b).
(b) Activities Described.--A State shall use amounts paid
pursuant to subsection (a) to carry out activities to ensure
the safety and quality of health care services provided in
the State, including--
(1) licensing or certifying health care professionals and
health care providers in the State;
(2) implementing health care quality assurance and quality
improvement programs;
(3) carrying out programs to reduce malpractice-related
costs for providers volunteering to provide services in
medically underserved areas; and
(4) providing resources for additional investigation and
disciplinary activities by the State licensing board.
(c) Maintenance of Effort.--A State shall use any amounts
paid pursuant to subsection (a) to supplement and not to
replace amounts spent by the State for the activities
described in subsection (b).
TITLE V--BUDGET NEUTRALITY
SEC. 5001. ASSURANCE OF BUDGET NEUTRALITY.
Notwithstanding any other provision of this Act, no
provision of, or amendment made by, this Act shall take
effect until legislation is enacted which by its terms
specifically provides for the Federal budget neutrality of
this Act.
Mr. ROCKEFELLER. Mr. President, I am pleased to join the new Senate
minority leader, Tom Daschle, along with Senator Kennedy, Reid,
Mikulski, and Dodd in sponsoring a health care bill that would begin to
give millions of Americans improved health security.
While it should not come as a surprise to any of my colleagues that
my preference would be to give all Americans guaranteed health care
security, this bill includes important steps that will provide health
security to some Americans through insurance reforms and, importantly,
prioritizes health coverage for children and temporary assistance for
workers in between jobs. S. 7 includes the essential building blocks
for building a secure health care system.
Moving ahead on health care reform was identified by Senate
Republicans as one of their top seven legislative priorities for the
104th Congress prior to last November's election. Each and every major
provision in S. 7 was included in every serious health care reform
proposal introduced by both Democrats and Republicans over the past 2
years. I believe this bill reflects the consensus that emerged last
year on where and how to get started on reforming our health care
system.
This past November voters did not tell Congress to put health care
reform on the back burner. An election night survey found that health
reform was identified by voters as a top priority issue for this
Congress. According to the Kaiser/Harvard survey, ``health care was
number one for voters in deciding who to vote for in the Congressional
election, ahead of crime, and taxes.'' Fifty-six percent of voters said
that Congress should take the lead in developing a health care reform
plan. Only 20 percent of Americans said Congress should not try to see
that more people have health insurance. Seventy-four percent said that
Congress should either guarantee coverage for all
[[Page S122]] Americans or at least make a start by covering some
groups who do not have health insurance. A majority of voters favored
beginning with children first.
Mr. President, special interests and election year politics managed
to greatly distort last year's debate on health care reform. As a
result, many Americans are nervous about extremely ambitious reforms.
But voters remain overwhelming in favor of moving ahead on health care.
Only 25 percent of voters said Congress should leave our health care
system alone.
If my colleagues on both sides of the aisle are truly interested in
making a difference in the lives of middle-class Americans, if they are
really interested in restoring peace of mind of millions of hard-
working Americans, health reform is the way to do that.
Millions of middle-class working families would benefit from the
insurance portability provisions in this bill that would allow them to
change health insurance plans when they change jobs without having to
qualify for a new pre-existing condition exclusion. For people with
lapses in their insurance coverage, they would only to be a subject to
a one-time 6 month pre-existing condition exclusion period as long as
they had continuous health coverage. For workers in between jobs,
unable to afford health coverage, temporary health coverage would be
available up to a maximum of 6 months. This would give millions of
working families some piece of mind that they will not be forced to
delay getting necessary medical care or being financially wiped out by
even a minor injury or illness as they search for a new job.
This bill would ban insurance companies from canceling policies or
hiking premiums when someone gets sick or injured and incurs large
medical bills. Under current insurance practices, young and healthy
people often get deep premium discounts. Discounts that quickly
disappear over time or when they or a family member gets sick. There
are also large differences in premium rates based on a person's age,
sex, occupation, even based on a person's zip code. This bill would
begin to set limits on how much premiums can differ based on these
factors.
To minimize large swings in premiums during implementation of
insurance rating reforms, this bill carefully and slowly phases-in its
reforms. The prohibition on medical underwriting--which means charging
people different premiums solely based on their health status--is
phased-in over 3 years. At the same time, age bands are phased-in that
would significantly narrow what insurance companies could charge people
solely based on their age.
All but a few states have already moved ahead on small group
insurance reforms but national uniformity is important so that
insurance is portable for consumers across state lines and also to ease
compliance by insurance companies that do business in more than one
State. Forty percent of States have even adopted some version of
community rating or modified community rating laws. While there has
been some serious concerns raised about some erosion of insurance
coverage that occurred when the state of New York implemented community
rating, it is very important to note that New York implemented its
community rating law without any sort of phase-in period.
Mr. President, I would like to emphasize to my colleagues that while
coverage in the small group market in New York was estimated to have
declined by 1.2 percent when community rating was implemented, the
exact same percentage of people--1.2 percent--lost their health
coverage the year prior to implementation of New York's rating reforms.
Other states, such as Maine, New Jersey, and Vermont are experiencing
net increases in coverage and other positive benefits from private
insurance reform, such as a greater choice of products for small
businesses to choose from.
Last year, a study commissioned by the Catholic Health Association,
estimated that about 1.1 million people could gain coverage through
insurance reforms. This mostly includes people who currently are locked
out of the insurance market because of their medical history.
The reforms outlined in S. 7 would also provide predictability and
stability to health premiums by limiting premium variability based on
age, sex, health status, claims experience, occupation, and zip code.
Cancer, a heart condition, or diabetes will no longer price working
American families out of the insurance market.
Mr. President, I am especially pleased that this legislation
emphasizes and prioritizes children. Looking out for America's children
is nothing new. This imperative has been recognized time and time
again. A bipartisan majority of Pepper Commission members said 5 years
ago that the first step to comprehensive reform should be to cover
children and pregnant women. I also had the profound privilege of
chairing the National Commission on Children that made a similar
recommendation. I introduced a bill with Senator Hatch, 4 years ago, to
suggest this very idea.
It is incredibly important that children get early and regular health
care. There is nothing more heartbreaking and more wrong about our
country's health care system than putting parents in the position of
trying to figure out whether or not they can afford to take a sick
child to see a doctor.
Mr. President, of the 204,000 West Virginians that do not have health
insurance one third are children. About 64,000 West Virginia children--
about 94 percent of the uninsured children in my home state--would
qualify for health insurance under this legislation.
Mr. President, I would also like to take a second to remind my
colleagues that job-based coverage for children has diminished
significantly over the past decade and a half. Two thirds of children
without insurance have at least one parent who works full-time while
another 13 percent have a parent who works part-time. Having a job is
just not an assurance of reliable health insurance coverage.
The overall percentage of children with job-based insurance has
dropped from 64 percent in 1987 to 59 percent in 1992--a decrease of 5
percent in just 6 years. Had coverage stayed at 1987 rates--more than 3
million children would have job-based coverage today. If current trends
continue, only about half of our children will be covered by employer-
sponsored coverage by 2000. If not for legislation enacted in the
1980's that expanded Medicaid coverage for poor children the number of
uninsured children would be much, much higher today.
Mr. President, just 15 years ago, 40 percent of employers paid for
dependent coverage in full. Five years ago, only about one-third of
employers did. A decline in employer contributions means that many
hardworking families just end up doing without because they can't
afford the extra dollars themselves. This bill will help those families
get health coverage for their children.
Not having health insurance reduces the number of times a child goes
to the doctor. And not surprisingly, the frequency of doctor visits is
directly correlated with a family's income. It is the low-wage working
family making between $10,000 and $20,000 a year, barely able to make
ends meet, whose children go to see a doctor least often. These are
families who are not poor enough to qualify for Medicaid but can't
afford private health insurance. Even routine pediatric care can
consume 10 percent of a low wage working family's annual income.
Last year, the Finance Committee, on a bipartisan vote of 12-8,
approved an amendment that would have accelerated and expanded coverage
for children. Frankly, reforming our welfare system won't work unless
we can make sure families won't be forced to quit their jobs in order
to qualify for health benefits through the Medicaid program.
I am pleased that my colleague from rural South Dakota also included
important rural health provisions in this legislation. Most of the
provisions included in the rural health section are identical to
measures included in a rural health amendment I authored along with
Senator Daschle last August. Our rural health amendment was nearly
unanimously agreed to when offered to pending health care reform
legislation on the Senate floor. Again, reflecting an overwhelming
consensus in this area.
I am also extremely pleased that this legislation will provide long
awaited tax equity for self-employed individuals. Prior to January 1,
1994, the self-employed were allowed to deduct 25
[[Page S123]] percent of the costs of insuring themselves and their
families. Since expiration of this law last year, the self-employed are
prohibited from deducting any of their insurance premiums. This bill
would allow the self-employed to deduct 100 percent of their health
insurance costs. Currently, incorporated businesses can deduct the
entire cost of their health insurance policies. This was also a
priority identified 5 years ago by the Pepper Commission and a measure
that has always enjoyed broad bipartisan support.
Mr. President, this legislation includes other important measures
that have enjoyed popular and broad, bipartisan support, such as
administrative simplification, patient confidentiality, malpractice
reforms, and demonstration funding for the development of purchasing
groups and telemedicine grants. I also share the commitment earlier
stated by Minority Leader Daschle that this legislation if enacted
would not contribute to the Federal deficit. As a member of the Finance
Committee, I am committed to working on building a consensus for
financing the coverage expansions for children, the temporarily
unemployed, and tax equity for the self-employed outlined in this
legislation.
I sincerely hope that the 104th Congress will truly be historic and
be remembered for enacting serious and long overdue health reforms.
______
By Mr. DASCHLE (for himself, Mr. Breaux, Ms. Mikulski, Mr.
Rockefeller, Mr. Reid, Mr. Kerry, Mrs. Murray, Mr. Dorgan, Ms.
Moseley-Braun, and Mr. Robb):
S. 8. A bill to amend title IV of the Social Security Act to reduce
teenage pregnancy, to encourage parental responsibility, and for other
purposes; to the Committee on Finance.
____________________
TEEN PREGNANCY PREVENTION AND PARENTAL RESPONSIBILITY ACT
Mr. DASCHLE. 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. 8
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Teen
Pregnancy Prevention and Parental Responsibility Act''.
(b) Amendments to the Social Security Act.--Except as
otherwise specifically provided, whenever in this Act an
amendment is expressed in terms of an amendment to or repeal
of a section or other provision, the reference shall be
considered to be made to that section or other provision of
the Social Security Act.
(c) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; references in Act; table of contents.
TITLE I--ENDING THE CYCLE OF INTERGENERATIONAL DEPENDENCY
Sec. 101. Supervised living arrangements for minors.
Sec. 102. Reinforcing families.
Sec. 103. Required completion of high school or other training for
teenage parents.
Sec. 104. Drug treatment and counseling as part of the JOBS program.
TITLE II--PARENTAL RESPONSIBILITY
Sec. 201. Performance-based incentives.
Sec. 202. State law authorizing suspension of licenses.
Sec. 203. State laws concerning paternity establishment.
Sec. 204. State laws providing expedited procedures.
Sec. 205. Outreach for voluntary paternity establishment.
TITLE III--COMBATING TEENAGE PREGNANCY
Sec. 301. Targeting youth at risk of teenage pregnancy.
Sec. 302. National Clearinghouse on Teenage Pregnancy.
TITLE IV--FINANCING
Sec. 401. Uniform alien eligibility criteria for public assistance
programs.
Sec. 402. State retention of amounts recovered.
TITLE I--ENDING THE CYCLE OF INTERGENERATIONAL DEPENDENCY
SEC. 101. SUPERVISED LIVING ARRANGEMENTS FOR MINORS.
(a) State Plan Requirement.--Section 402(a)(43) (42 U.S.C.
602(a)(43)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``at the option of the State,'';
(2) in the matter preceding clause (i) of subparagraph (A),
by striking ``subject to subparagraph (B)'' and inserting
``except as provided in subparagraph (B)(i)''; and
(3) in subparagraph (A)(i), by striking ``, or reside in a
foster home, maternity home, or other adult-supervised
supportive living arrangement''.
(b) Appropriate Adult-Supervised Supportive Living
Arrangements.--Section 402(a)(43)(B) (42 U.S.C.
602(a)(43)(B)) is amended to read as follows:
``(B)(i) in the case of an individual described in clause
(ii)--
``(I) the State agency shall assist such individual in
locating an appropriate adult-supervised supportive living
arrangement taking into consideration the needs and concerns
of the individual, unless the State agency determines that
the individual's current living arrangement is appropriate,
and thereafter shall require that the individual (and child,
if any) reside in such living arrangement as a condition of
the continued receipt of aid under the plan (or in an
alternative appropriate arrangement, should circumstances
change and the current arrangement cease to be appropriate),
or
``(II) if the State agency is unable, after making diligent
efforts, to locate any such appropriate living arrangement,
it shall provide for comprehensive case management,
monitoring, and other social services consistent with the
best interests of the individual (and child) while living
independently; and
``(ii) for purposes of clause (i), an individual is
described in this clause if--
``(I) such individual has no parent or legal guardian of
his or her own who is living and whose whereabouts are known;
``(II) no living parent or legal guardian of such
individual allows the individual to live in the home of such
parent or guardian;
``(III) the State agency determines that the physical or
emotional health of such individual or any dependent child of
the individual would be jeopardized if such individual and
such dependent child lived in the same residence with such
individual's own parent or legal guardian; or
``(IV) the State agency otherwise determines (in accordance
with regulations issued by the Secretary) that it is in the
best interest of the dependent child to waive the requirement
of subparagraph (A) with respect to such individual.''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) shall be effective
with respect to calendar quarters beginning on or after
October 1, 1995.
(2) Special rule.--In the case of a State that the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order to meet the additional requirements imposed
by the amendments made by this Act, the State shall not be
regarded as failing to comply with the requirements of such
amendments before the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of enactment of
this Act. For purposes of this paragraph, in the case of a
State that has a 2-year legislative session, each year of the
session shall be treated as a separate regular session of the
State legislature.
SEC. 102. REINFORCING FAMILIES.
(a) In General.--Title XX (42 U.S.C. 1397-1397e) is amended
by adding at the end the following new section:
``SEC. 2008. ADULT-SUPERVISED GROUP HOMES.
``(a) Entitlement.--
``(1) In general.--In addition to any payment under
sections 2002 and 2007, beginning with fiscal year 1996, each
State shall be entitled to funds under this section for each
fiscal year for the establishment, operation, and support of
adult-supervised group homes for custodial parents under the
age of 19 and their children.
``(2) Payment to states.--
``(A) In general.--Each State shall be entitled to payment
under this section for each fiscal year in an amount equal to
its allotment (determined in accordance with subsection (b))
for such fiscal year, to be used by such State for the
purposes set forth in paragraph (1).
``(B) Transfers of funds.--The Secretary shall make
payments in accordance with section 6503 of title 31, United
States Code, to each State from its allotment for use under
this title.
``(C) Use.--Payments to a State from its allotment for any
fiscal year must be expended by the State in such fiscal year
or in the succeeding fiscal year.
``(D) Technical assistance.--A State may use a portion of
the amounts described in subparagraph (A) for the purpose of
purchasing technical assistance from public or private
entities if the State determines that such assistance is
required in developing, implementing, or administering the
program funded under this section.
``(3) Adult-supervised group home.--For purposes of this
section, the term `adult-supervised group home' means an
entity that provides custodial parents under the age of 19
and their children with a supportive and supervised living
arrangement in which such parents would be required to learn
parenting skills, including child development, family
budgeting, health and nutrition, and other skills to promote
their long-term economic independence and the well-being of
their children. An adult-supervised group home
[[Page S124]] may also serve as a network center for other
supportive services that might be available in the community.
``(b) Allotment.--
``(1) Certain jurisdictions.--The allotment for any fiscal
year to each of the jurisdictions of Puerto Rico, Guam, the
Virgin Islands, American Samoa, and the Northern Mariana
Islands shall be an amount which bears the same ratio to the
amount specified under paragraph (3) as the allotment that
the jurisdiction receives under section 2003(a) for the
fiscal year bears to the total amount specified for such
fiscal year under section 2003(c).
``(2) Other States.--The allotment for any fiscal year for
each State other than the jurisdictions of Puerto Rico, Guam,
the Virgin Islands, American Samoa, and the Northern Mariana
Islands shall be an amount which bears the same ratio to--
``(A) the amount specified under paragraph (3), reduced by
``(B) the total amount allotted to those jurisdictions for
that fiscal year under paragraph (1),
as the allotment that the State receives under section
2003(b) for the fiscal year bears to the total amount
specified for such fiscal year under section 2003(c).
``(3) Amount specified.--The amount specified for purposes
of paragraphs (1) and (2) shall be $95,000,000 for fiscal
year 1996 and each subsequent fiscal year.
``(c) Local Involvement.--Each State shall seek local
involvement from the community in any area in which an adult-
supervised group home receiving funds pursuant to this
section is to be established. In determining criteria for
targeting funds received under this section, each State shall
evaluate the community's commitment to the establishment and
planning of the home.
``(d) Limitations on the Use of Funds.--
``(1) Construction.--Except as provided in paragraph (2),
funds made available under this section may not be used by
the State, or any other person with which the State makes
arrangements to carry out the purposes of this section, for
the purchase or improvement of land, or the purchase,
construction, or permanent improvement (other than minor
remodeling) of any building or other facility.
``(2) Waiver.--The Secretary may waive the limitation
contained in paragraph (1) upon the State's request for such
a waiver if the Secretary finds that the request describes
extraordinary circumstances to justify the waiver and that
permitting the waiver will contribute to the State's ability
to carry out the purposes of this section.
``(e) Treatment of Indian Tribes.--
``(1) In general.--An Indian tribe may apply to the
Secretary to establish, operate, and support adult-supervised
group homes for custodial parents under the age of 19 and
their children in accordance with an application procedure to
be determined by the Secretary. Except as otherwise provided
in this subsection, the provisions of this section shall
apply to Indian tribes receiving funds under this subsection
in the same manner and to the same extent as the other
provisions of this section apply to States.
``(2) Allotment.--If the Secretary approves an Indian
tribe's application, the Secretary shall allot to such tribe
for a fiscal year an amount which the Secretary determines is
the Indian tribe's fair and equitable share of the amount
specified under paragraph (3) for all Indian tribes with
applications approved under this subsection (based on
allotment factors to be determined by the Secretary). The
Secretary shall determine a minimum allotment amount for all
Indian tribes with applications approved under this
subsection. Each Indian tribe with an application approved
under this subsection shall be entitled to such minimum
allotment.
``(3) Amount specified.--The amount specified under this
paragraph for all Indian tribes with applications approved
under this subsection is $5,000,000 for fiscal year 1996 and
each subsequent fiscal year.
``(4) Indian tribe defined.--For purposes of this section,
the term `Indian tribe' means any Indian tribe, band, nation,
pueblo, or other organized group or community, including any
Alaska Native entity which is recognized as eligible for the
special programs and services provided by the United States
to Indian tribes because of their status as Indians.''.
(b) Receipt of Payments by Adult-Supervised Group Homes.--
(1) In general.--Section 402(a)(43)(A)(ii) (42 U.S.C.
602(a)(43)(A)(ii)) is amended by striking ``or other adult
relative'' and inserting ``other adult relative, or adult-
supervised group home receiving funds under section 2008''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to calendar quarters beginning on or
after October 1, 1995.
(c) Recommendations on Usage of Government Surplus
Property.--Not later than 6 months after the date of the
enactment of this Act, after consultation with the Secretary
of Defense, the Secretary of Housing and Urban Development,
and the Administrator of the General Services Administration,
the Secretary of Health and Human Services shall submit
recommendations to the Congress on the extent to which
surplus properties of the United States Government may be
used for the establishment of adult-supervised group homes
receiving funds under section 2008 of the Social Security
Act.
SEC. 103. REQUIRED COMPLETION OF HIGH SCHOOL OR OTHER
TRAINING FOR TEENAGE PARENTS.
(a) In General.--Section 402(a)(19)(E) (42 U.S.C.
602(a)(19)(E)) is amended to read as follows:
``(E)(i) in the case of a custodial parent who has not
attained 19 years of age, has not successfully completed a
high-school education (or its equivalent), and is required to
participate in the program (including an individual who would
otherwise be exempt from participation in the program solely
by reason of clauses (iii), (v), or (vii) of subparagraph
(C)), the State agency shall--
``(I) require such parent to participate in--
``(aa) educational activities directed toward the
attainment of a high school diploma or its equivalent on a
full-time (as defined by the educational provider) basis; or
``(bb) an alternative educational or training program (that
has been approved by the Secretary) on a full-time (as
defined by the provider) basis; and
``(II) provide child care in accordance with section 402(g)
with respect to the family;
``(ii)(I) to the extent that the program is available in
the political subdivision involved and State resources
otherwise permit, in the case of a custodial parent who is 19
years of age, has not successfully completed a high-school
education (or its equivalent), and is required to participate
in the program (including an individual who would otherwise
be exempt from participation in the program solely by reason
of subparagraph (C)(iii)), the State agency (subject to
subclause (II)) shall require such parent to participate in
an educational activity; and
``(II) the State agency may--
``(aa) require a parent described in subclause (I)
(notwithstanding the part-time requirement in subparagraph
(C)(iii)(II)) to participate in educational activities
directed toward the attainment of a high school diploma or
its equivalent on a full-time (as defined by the educational
provider) basis; or
``(bb) require a parent described in subclause (I) to
participate in training or work activities in lieu of the
educational activities under such subclause if such parent
fails to make good progress in successfully completing such
educational activities or if it is determined (prior to any
assignment of the individual to such educational activities)
pursuant to an educational assessment that participation in
such educational activities is inappropriate for such
parent;''.
(b) State Option to Provide Additional Incentives and
Penalties to Encourage Teen Parents to Complete High School
and Participate in Parenting Activities.--
(1) State plan.--Section 402(a)(19)(E) (42 U.S.C.
602(a)(19)(E)), as amended by subsection (a), is further
amended--
(A) by striking ``and'' at the end of clause (i);
(B) by inserting ``and'' after the semicolon at the end of
clause (ii); and
(C) by adding after clause (ii) the following new clause:
``(iii) at the option of the State, some or all custodial
parents and pregnant women who have not attained 19 years of
age (or at the State's option, 21 years of age) and who are
receiving aid under this part shall be required to
participate in a program of monetary incentives and
penalties, consistent with subsection (j);''.
(2) Elements of program.--Section 402 (42 U.S.C. 602) is
amended by adding at the end the following new subsection:
``(j)(1) If a State opts to conduct a program of monetary
incentives and penalties to encourage custodial parents and
pregnant women who have not attained 19 years of age (or at
the State's option, 21 years of age) to complete their high
school (or equivalent) education and participate in parenting
activities, the State shall amend its State plan--
``(A) to specify the one or more political subdivisions (or
other clearly defined geographic area or areas) in which the
State will conduct the program, and
``(B) to describe its program in detail.
``(2) A program under this subsection--
``(A) may, at the option of the State, require full-time
participation by such custodial parents and pregnant women in
secondary school or equivalent educational activities, or
participation in a course or program leading to a skills
certificate found appropriate by the State agency or
parenting education activities (or any combination of such
activities and secondary education);
``(B) shall require that the needs of such custodial
parents and pregnant women shall be reviewed and the program
will assure that, either in the initial development or
revision of such individual's employability plan, there will
be included a description of the services that will be
provided to the individual and the way in which the program
and service providers will coordinate with the educational or
skills training activities in which the individual is
participating;
``(C) shall provide monetary incentives for more than
minimally acceptable performance of required educational
activities; and
``(D) shall provide penalties (which may be those required
by subsection (a)(19)(G) or, with the approval of the
Secretary, other monetary penalties that the State finds will
better achieve the objectives of the program) for less than
minimally acceptable performance of required activities.
``(3) When a monetary incentive is payable because of the
more than minimally acceptable performance of required
educational activities by a custodial parent, the incentive
[[Page S125]] shall be paid directly to such parent,
regardless of whether the State agency makes payment of aid
under the State plan directly to such parent.
``(4)(A) For purposes of this part, monetary incentives
paid under this subsection shall be considered aid to
families with dependent children.
``(B) For purposes of any other Federal or federally-
assisted program based on need, no monetary incentive paid
under this subsection shall be considered income in
determining a family's eligibility for or amount of benefits
under such program, and if aid is reduced by reason of a
penalty under this subsection, such other program shall treat
the family involved as if no such penalty has been applied.
``(5) The State agency shall from time to time provide such
information with respect to the State operation of the
program as the Secretary may request.''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) shall be effective
with respect to calendar quarters beginning on or after
October 1, 1995.
(2) Special rule.--In the case of a State that the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order to meet the additional requirements imposed
by the amendments made by this Act, the State shall not be
regarded as failing to comply with the requirements of such
amendments before the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of enactment of
this Act. For purposes of this paragraph, in the case of a
State that has a 2-year legislative session, each year of the
session shall be treated as a separate regular session of the
State legislature.
SEC. 104. DRUG TREATMENT AND COUNSELING AS PART OF THE JOBS
PROGRAM.
(a) In General.--Section 402(a)(19) (42 U.S.C. 602(a)(19))
is amended--
(1) by striking ``and'' at the end of subparagraph (G);
(2) by inserting ``and'' after the semicolon at the end of
subparagraph (H);
(3) by adding after subparagraph (H), the following new
subparagraph:
``(I) that, in the case of a custodial parent who has not
attained 19 years of age (including an individual who would
otherwise be exempt from participation in the program solely
by reason of clauses (iii), (v), or (vii)) of subparagraph
(C)), whose employability plan (described in section 482(b))
reflects the need for treatment for substance abuse, the
State agency shall--
``(i) require such individual to participate in substance
abuse treatment; and
``(ii) notwithstanding any other provision of law, after
providing an individual required to participate in treatment
under this subparagraph with proper notice, make the
provisions of section 402(a)(19)(G) applicable to any
individual who fails or refuses to accept such treatment;''.
(b) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall be effective with
respect to calendar quarters beginning on or after October 1,
1995.
(2) Special rule.--In the case of a State that the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order to meet the additional requirements imposed
by the amendments made by this Act, the State shall not be
regarded as failing to comply with the requirements of such
amendments before the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of enactment of
this Act. For purposes of this paragraph, in the case of a
State that has a 2-year legislative session, each year of the
session shall be treated as a separate regular session of the
State legislature.
TITLE II--PARENTAL RESPONSIBILITY
SEC. 201. PERFORMANCE-BASED INCENTIVES.
(a) Incentive Adjustments to Federal Matching Rate.--
(1) In general.--Title IV (42 U.S.C. 601 et seq.) is
amended by inserting after section 458 the following new
section:
``incentive adjustments to matching rate for statewide paternity
establishment
``Sec. 458A. (a) Incentive Adjustment.--
``(1) In general.--In order to encourage and reward State
paternity establishment efforts, the Federal matching rate
for payments to a State under section 455(a)(1)(A), for each
fiscal year beginning on or after October 1, 1997, shall be
increased by a factor reflecting the incentive adjustment (if
any) determined in accordance with paragraph (2) with respect
to the Statewide paternity establishment percentage.
``(2) Standards.--The Secretary shall establish in
regulations--
``(A) the levels of accomplishment, and rates of
improvement as alternatives to such levels, with respect to
the Statewide paternity establishment percentages which
States must attain to qualify for an incentive adjustment
under this section; and
``(B) the amounts of incentive adjustment that shall be
awarded to States achieving specified accomplishment or
improvement levels with respect to Statewide paternity
establishment percentages, which amounts shall be graduated,
ranging up to 5 percentage points, in connection with the
State's Statewide paternity establishment percentage.
``(3) Determination of incentive adjustment.--The Secretary
shall, pursuant to regulations, determine the amount (if any)
of incentive adjustment due each State on the basis of the
levels of accomplishment (and rates of improvement) with
respect to performance indicators specified by the Secretary
pursuant to this section.
``(4) Fiscal year subject to incentive adjustment.--The
total percentage point increase determined pursuant to this
section with respect to a State program in a fiscal year
shall apply as an adjustment to the applicable percent under
section 455(a)(2) for payments to such State for the
succeeding fiscal year.
``(b) Statewide Paternity Establishment Percentage.--For
purposes of this section, the term `Statewide paternity
establishment percentage' means, with respect to a fiscal
year, the ratio (expressed as a percentage) of--
``(1) the total number of out-of-wedlock children in the
State under one year of age for whom paternity is established
or acknowledged during the fiscal year, to
``(2) the total number of children born out-of-wedlock in
the State during such fiscal year.''.
(2) Title iv-d payment adjustment.--Section 455(a)(2) (42
U.S.C. 655(a)(2)) is amended--
(A) by striking the period at the end of subparagraph (C)
and inserting a comma; and
(B) by adding after subparagraph (C) the following:
``increased by the incentive adjustment factor (if any)
determined by the Secretary pursuant to section 458A.''.
(3) Conforming amendments.--Section 454(22) (42 U.S.C.
654(22)) is amended--
(A) by inserting ``or incentive adjustments under section
458A'' after ``section 458''; and
(B) by inserting ``or any increases in Federal payments to
the State resulting from such incentive adjustments'' after
``any such incentive payments''.
(b) Federal Financial Participation for All Paternity
Establishment Services.--
(1) In general.--Section 455(a)(1) (42 U.S.C. 655(a)(1)) is
amended by adding at the end the following: ``In determining
the total amounts expended by any State during a quarter, for
purposes of this subsection, there shall be included any
amounts expended for paternity determination services made
available to any individual who did not file an application
in accordance with section 454(6).''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective with respect to calendar quarters
beginning on or after October 1, 1995.
SEC. 202. STATE LAW AUTHORIZING SUSPENSION OF LICENSES.
(a) In General.--Section 466(a) (42 U.S.C. 666(a)) is
amended by adding at the end the following new paragraph:
``(12) Authority to withhold or suspend licenses.--
Procedures under which the State has (and uses in appropriate
cases) authority (subject to appropriate due process
safeguards) to withhold or suspend, or to restrict the use of
driver's licenses, professional and occupational licenses,
and recreational licenses of individuals owing overdue child
support or failing, after receiving appropriate notice, to
comply with subpoenas or warrants relating to paternity or
child support proceedings.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall be effective with
respect to calendar quarters beginning on or after October 1,
1995.
(2) Special rule.--In the case of a State that the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order to meet the additional requirements imposed
by the amendments made by this Act, the State shall not be
regarded as failing to comply with the requirements of such
amendments before the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of enactment of
this Act. For purposes of this paragraph, in the case of a
State that has a 2-year legislative session, each year of the
session shall be treated as a separate regular session of the
State legislature.
SEC. 203. STATE LAWS CONCERNING PATERNITY ESTABLISHMENT.
(a) State Laws Required.--Section 466(a)(5) (42 U.S.C.
666(a)(5)) is amended--
(1) by striking ``(5)'' and inserting ``(5) Procedures
concerning paternity establishment.--'';
(2) in subparagraph (A)--
(A) by striking ``(A)'' and inserting ``(A) Establishment
process available from before birth until age 18.--'';
(B) by moving clause (ii) 2 ems to the right; and
(C) by adding after clause (ii) the following new clause:
``(iii) Procedures which permit the initiation of
proceedings to establish paternity before the birth of the
child concerned.'';
(3) in subparagraph (B)--
(A) by striking ``(B)'' and inserting ``(B) Procedures
concerning genetic testing.--(i)'';
(B) in clause (i), as redesignated, by inserting ``, where
such request is supported by a sworn statement by such party
setting forth
[[Page S126]] facts establishing a reasonable possibility of
the requisite sexual contact'' before the period at the end;
(C) by inserting after clause (i), as so redesignated, the
following new clause:
``(ii) Procedures which require the State agency, in any
case in which such agency orders genetic testing--
``(I) to pay costs of such tests, subject to recoupment
(where the State so elects) from the putative father if
paternity is established; and
``(II) to obtain additional testing in any case where an
original test result is disputed, upon request and advance
payment by the disputing party.'';
(4) by striking subparagraph (C) and inserting:
``(C) Voluntary acknowledgment procedure.--Procedures for a
simple civil process for voluntarily acknowledging paternity
under which--
``(i) the benefits, rights, and responsibilities of
acknowledging paternity are explained to unwed parents;
``(ii) due process safeguards are afforded; and
``(iii) hospitals and other health care facilities
providing inpatient or outpatient maternity and pediatric
services are required, as a condition of participation in the
State program under title XIX--
``(I) to explain to unwed parents the matters specified in
clause (i);
``(II) to make available the voluntary acknowledgment
procedure required under this subparagraph; and
``(III) in the case of hospitals providing maternity
services--
``(aa) to have facilities for obtaining blood or other
genetic samples from the mother, putative father, and child
for genetic testing;
``(bb) to inform the mother and putative father of the
availability of such testing (at their expense); and
``(cc) to obtain such samples upon request of both such
individuals;'';
(5) by striking subparagraphs (D) and (E) and inserting:
``(D) Legal status of acknowledgment.--Procedures under
which--
``(i) a voluntary acknowledgment of paternity creates, at
State option, either--
``(I) a conclusive presumption of paternity, or
``(II) a rebuttable presumption which becomes a conclusive
presumption within one year, unless rebutted or invalidated
by an intervening determination which reaches a contrary
conclusion;
``(ii) at the option of the State, notwithstanding clause
(i), upon the request of a party, a determination of
paternity based on an acknowledgment may be vacated on the
basis of new evidence, the existence of fraud, or the best
interests of the child; and
``(iii) a voluntary acknowledgment of paternity is
admissible as evidence of paternity, and as a basis for
seeking a support order, without requiring any further
proceedings to establish paternity.
``(E) Bar on acknowledgment ratification proceedings.--
Procedures under which no judicial or administrative
proceedings are required or permitted to ratify an
unchallenged acknowledgment of paternity.'';
(6) by striking subparagraph (F) and inserting:
``(F) Admissibility of genetic testing results.--
Procedures--
``(i) requiring that the State admit into evidence, for
purposes of establishing paternity, results of any genetic
test that is--
``(I) of a type generally acknowledged, by accreditation
bodies designated by the Secretary, as reliable evidence of
paternity; and
``(II) performed by a laboratory approved by such an
accreditation body;
``(ii) providing that any objection to genetic testing
results must be made in writing not later than a specified
number of days before any hearing at which such results may
be introduced into evidence (or, at the option of the State,
not later than a specified number of days after receipt of
such results); and
``(iii) providing that, if no objection is made, the test
results are admissible as evidence of paternity without the
need for foundation testimony or other proof of authenticity
or accuracy.''; and
(7) by adding after subparagraph (H) the following new
subparagraphs:
``(I) Temporary support order based on probable paternity
in contested cases.--Procedures which require that a
temporary order be issued, upon motion by a party, requiring
the provision of child support pending an administrative or
judicial determination of parentage, where there is clear and
convincing evidence of paternity (on the basis of genetic
tests or other evidence).
``(J) Proof of certain support and paternity establishment
costs.--Procedures under which bills for pregnancy,
childbirth, and genetic testing are admissible as evidence
without requiring third-party foundation testimony, and
constitute prima facie evidence of amounts incurred for such
services and testing on behalf of the child.
``(K) Waiver of state debts for cooperation.--Procedures
under which the tribunal establishing paternity and support
has discretion to waive rights to all or part of amounts owed
to the State (but not to the mother) for costs related to
pregnancy, childbirth, and genetic testing and for public
assistance paid to the family where the father cooperates or
acknowledges paternity before or after genetic testing.
``(L) Standing of putative fathers.--Procedures ensuring
that the putative father has a reasonable opportunity to
initiate a paternity action.''.
(b) Technical Amendment.--Section 468 (42 U.S.C. 668) is
amended by striking ``a simple civil process for voluntarily
acknowledging paternity and''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) shall be effective
with respect to calendar quarters beginning on or after
October 1, 1996.
(2) Special rule.--In the case of a State that the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order to meet the additional requirements imposed
by the amendments made by this Act, the State shall not be
regarded as failing to comply with the requirements of such
amendments before the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of enactment of
this Act. For purposes of this paragraph, in the case of a
State that has a 2-year legislative session, each year of the
session shall be treated as a separate regular session of the
State legislature.
SEC. 204. STATE LAWS PROVIDING EXPEDITED PROCEDURES.
(a) State Law Requirements.--Section 466 (42 U.S.C. 666) is
amended--
(1) in subsection (a)(2), by striking the first sentence
and inserting: ``Expedited administrative and judicial
procedures (including the procedures specified in subsection
(f)) for establishing paternity and for establishing,
modifying, and enforcing support obligations.''; and
(2) by adding after subsection (e) the following new
subsection:
``(f) Expedited Procedures.--(1) Administrative action by
state agency.--Procedures which give the State agency the
authority (and recognize and enforce the authority of State
agencies of other States), without the necessity of obtaining
an order from any other judicial or administrative tribunal
(but subject to due process safeguards, including (as
appropriate) requirements for notice, opportunity to contest
the action, and opportunity for an appeal on the record to an
independent administrative or judicial tribunal), to take the
following actions relating to establishment or enforcement of
orders:
``(A) Establish and modify support amount.--To establish
and modify the amount of support awards in all cases in which
services are being provided under this part.
``(B) Genetic testing.--To order genetic testing for the
purpose of paternity establishment as provided in section
466(a)(5).
``(C) Default orders.--To enter a default order, upon a
showing of service of process and any additional showing
required by State law--
``(i) establishing paternity, in the case of any putative
father who refuses to submit to genetic testing; and
``(ii) establishing or modifying a support obligation, in
the case of a parent (or other obligor or obligee) who fails
to respond to notice to appear at a proceeding for such
purpose.
``(D) Subpoenas.--To subpoena any financial or other
information needed to establish, modify, or enforce an order,
and to sanction failure to respond to any such subpoena.
``(E) Access to personal and financial information.--To
obtain access, subject to safeguards on privacy and
information security, to the following records (including
automated access, in the case of records maintained in
automated data bases):
``(i) Records of other State and local government agencies,
including--
``(I) vital statistics (including records of marriage,
birth, and divorce);
``(II) State and local tax and revenue records (including
information on residence address, employer, income and
assets);
``(III) records concerning real and titled personal
property;
``(IV) records of occupational and professional licenses,
and records concerning the ownership and control of
corporations, partnerships, and other business entities;
``(V) employment security records;
``(VI) records of agencies administering public assistance
programs;
``(VII) records of the motor vehicle department; and
``(VIII) corrections records.
``(ii) Certain records held by private entities,
including--
``(I) customer records of public utilities and cable
television companies; and
``(II) information (including information on assets and
liabilities) on individuals who owe or are owed support (or
against or with respect to whom a support obligation is
sought) held by financial institutions (subject to
limitations on liability of such entities arising from
affording such access).
``(F) Income withholding.--To order income withholding in
accordance with section 466(a)(1) and (b).
``(G) Change in payee.--In cases where support is subject
to an assignment under section 402(a)(26), 471(a)(17), or
1912.
``(H) Secure assets to satisfy arrearages.--For the purpose
of securing overdue support--
``(i) to intercept and seize any periodic or lump-sum
payment to the obligor by or through a State or local
government agency, including--
``(I) unemployment compensation, workers' compensation, and
other benefits;
[[Page S127]] ``(II) judgments and settlements in cases
under the jurisdiction of the State or local government; and
``(III) lottery winnings;
``(ii) to attach and seize assets of the obligor held by
financial institutions;
``(iii) to attach public and private retirement funds in
appropriate cases, as determined by the Secretary; and
``(iv) to impose liens in accordance with subsection (a)(4)
and, in appropriate cases, to force sale of property and
distribution of proceeds.
``(I) Increase monthly payments.--For the purpose of
securing overdue support, to increase the amount of monthly
support payments to include amounts for arrearages (subject
to such conditions or restrictions as the State may provide).
``(J) Suspension of drivers' licenses.--To suspend drivers'
licenses of individuals owing past-due support, in accordance
with subsection (a)(12).
``(2) Substantive and procedural rules.--The expedited
procedures required under subsection (a)(2) shall include the
following rules and authority, applicable with respect to all
proceedings to establish paternity or to establish, modify,
or enforce support orders:
``(A) Locator information; presumptions concerning
notice.--Procedures under which--
``(i) the parties to any paternity or child support
proceedings are required (subject to privacy safeguards) to
file with the tribunal before entry of an order, and to
update as appropriate, information on location and identity
(including social security number, residential and mailing
addresses, telephone number, driver's license number, and
name, address, and telephone number of employer); and
``(ii) in any subsequent child support enforcement action
between the same parties, the tribunal shall be authorized,
upon sufficient showing that a diligent effort has been made
to ascertain such a party's current location, to deem due
process requirements for notice and service of process to be
met, with respect to such party, by delivery to the most
recent residential or employer address so filed pursuant to
clause (i).
``(B) Statewide jurisdiction.--Procedures under which--
``(i) the State agency and any administrative or judicial
tribunal with authority to hear child support and paternity
cases exerts statewide jurisdiction over the parties, and
orders issued in such cases have statewide effect; and
``(ii) in the case of a State in which orders in such cases
are issued by local jurisdictions, a case may be transferred
between jurisdictions in the State without need for any
additional filing by the petitioner, or service of process
upon the respondent, to retain jurisdiction over the
parties.''.
(c) Exemptions From State Law Requirements.--Section 466(d)
(42 U.S.C. 666(d)) is amended--
(1) by striking ``(d) If'' and inserting ``(d) Exemptions
From Requirements.--(1) In general.--Subject to paragraph
(2), if''; and
(2) by adding at the end the following new paragraph:
``(2) Nonexempt requirements.--The Secretary shall not
grant an exemption from the requirements of--
``(A) subsection (a)(5) (concerning procedures for
paternity establishment);
``(B) subsection (a)(10) (concerning modification of
orders);
``(C) subsection (f) (concerning expedited procedures),
other than paragraph (1)(A) thereof (concerning establishment
or modification of support amount).''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a), (b), and (c) shall be
effective with respect to calendar quarters beginning on or
after October 1, 1995.
(2) Special rule.--In the case of a State that the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order to meet the additional requirements imposed
by the amendments made by this Act, the State shall not be
regarded as failing to comply with the requirements of such
amendments before the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of enactment of
this Act. For purposes of this paragraph, in the case of a
State that has a 2-year legislative session, each year of the
session shall be treated as a separate regular session of the
State legislature.
SEC. 205. OUTREACH FOR VOLUNTARY PATERNITY ESTABLISHMENT.
(a) State Plan Requirement.--
(1) In general.--Section 454(23) (42 U.S.C. 654(23)) is
amended--
(A) by inserting ``(A)'' after ``(23)'';
(B) by adding after subparagraph (A), as so redesignated,
the following new subparagraph:
``(B) provide that the State will regularly and frequently
publicize the availability and encourage the use of
procedures for voluntary establishment of paternity and child
support through a variety of means, which--
``(i) may include distribution of written materials at
health care facilities (including hospitals and clinics), and
other locations such as schools;
``(ii) may include prenatal programs to educate expectant
couples on individual and joint rights and responsibilities
with respect to paternity (and may require all expectant
recipients of assistance under part A to participate in such
prenatal programs, as an element of cooperation with efforts
to establish paternity and child support);
``(iii) may include, with respect to each child discharged
from a hospital after birth for whom paternity or child
support has not been established, reasonable follow up
efforts (including at least one contact of each parent whose
whereabouts are known, except where there is reason to
believe such follow up efforts would put mother or child at
risk), providing--
``(I) in the case of a child for whom paternity has not
been established, information on the benefits of and
procedures for establishing paternity; and
``(II) in the case of a child for whom paternity has been
established but child support has not been established,
information on the benefits of and procedures for
establishing a child support order, and an application for
child support services; and''.
(2) Enhanced federal matching.--Section 455(a)(1)(C) (42
U.S.C. 655(a)(1)(C)) is amended--
(A) by inserting ``(i)'' before ``laboratory costs'', and
(B) by inserting before the semicolon ``, and (ii) costs of
outreach programs designed to encourage voluntary
acknowledgment of paternity''.
(3) Effective dates.--
(A) In general.--The amendments made by paragraph (1) shall
become effective October 1, 1996.
(B) Enhanced match.--The amendments made by paragraph (2)
shall be effective with respect to calendar quarters
beginning on and after October 1, 1995.
(b) State Outreach as Part of Voluntary Consent
Procedures.--
(1) In general.--Section 466(a)(5)(C) (42 U.S.C.
666(a)(5)(C)), as amended by section 303(a)(4), is further
amended--
(A) by striking ``and'' at the end of clause (ii); and
(B) by inserting after clause (iii) the following new
clause:
``(iv) in coordination with the Public Health Service, the
State shall directly or under contract with hospitals, and
other health care facilities providing inpatient or
outpatient maternity and pediatric services (including
prenatal clinics, well-baby clinics, in-home public health
service visitations, family planning clinics, and centers
participating in the program described in section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786)) provide that
the benefits, rights and responsibilities of acknowledging
paternity are explained to unwed parents; and''.
(2) Effective date.--
(A) In general.--Except as provided in subparagraph (B),
the amendments made by paragraph (1) shall be effective with
respect to calendar quarters beginning on or after October 1,
1995.
(B) Special rule.--In the case of a State that the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order to meet the additional requirements imposed
by the amendments made by this Act, the State shall not be
regarded as failing to comply with the requirements of such
amendments before the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of enactment of
this Act. For purposes of this paragraph, in the case of a
State that has a 2-year legislative session, each year of the
session shall be treated as a separate regular session of the
State legislature.
(c) Joint Outreach Program.--
(1) In general.--The Department of Health and Human
Services, the Public Health Service, and the Department of
Education shall cooperatively develop and implement a
substantial outreach program and media campaign to--
(A) reinforce the importance of paternity establishment;
and
(B) promote the message that parenting is a joint right and
responsibility.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purposes of this subsection.
TITLE III--COMBATING TEENAGE PREGNANCY
SEC. 301. TARGETING YOUTH AT RISK OF TEENAGE PREGNANCY.
(a) In General.--Section 402 (42 U.S.C. 602), as amended by
section 103(b)(2), is further amended by adding at the end
the following new subsection:
``(k)(1) Each State agency may, to the extent it determines
resources are available, provide for the operation of
projects to reduce teenage pregnancy. Such projects shall be
operated by eligible entities that have submitted
applications described in paragraph (3) that have been
approved in accordance with paragraph (4).
``(2) For purposes of this subsection, the term `eligible
entity' includes State agencies, local agencies, publicly
supported organizations, private nonprofit organizations, and
consortia of such entities.
``(3) An application described in this paragraph shall--
``(A) describe the project;
``(B) include an endorsement of the project by the chief
elected official of the jurisdiction in which the project is
to be located;
``(C) demonstrate strong local commitment and local
involvement in the planning and implementation of the
project; and
[[Page S128]] ``(D) be submitted in such manner and
containing such information as the Secretary may require.
``(4)(A) Subject to subparagraph (B), the Governor of a
State may approve an application under this paragraph based
on selection criteria (to be determined by the Governor).
``(B) Preference in approving a project shall be accorded
to be projects that target--
``(i) both young men and women;
``(ii) areas with high teenage pregnancy rates; or
``(iii) areas with a high incidence of individuals
receiving aid to families with dependent children.
``(5)(A) An Indian tribe may apply to the Secretary to
provide for the operation of projects to reduce teenage
pregnancy in accordance with an application procedure to be
determined by the Secretary. Except as otherwise provided in
this subsection, the provisions of this section shall apply
to Indian tribes receiving funds under this subsection in the
same manner and to the same extent as the other provisions of
this section apply to States.
``(B) The Secretary shall limit the number of applications
approved under this paragraph to ensure that payments under
section 403(o) to Indian tribes with approved applications
would not result in payments of less than a minimum payment
amount (to be determined by the Secretary).
``(C) For purposes of this subsection, the term `Indian
tribe' means any Indian tribe, band, nation, pueblo, or other
organized group or community, including any Alaska Native
entity which is recognized as eligible for the special
programs and services provided by the United States to Indian
tribes because of their status as Indians.''.
``(6) A project conducted under this subsection shall be
conducted for not less than 3 years.
``(7)(A) The Secretary shall conduct a study in accordance
with subparagraph (B) to determine the relative effectiveness
of the different approaches for preventing teenage pregnancy
utilized in the projects conducted under this subsection.
``(B) The study required under subparagraph (A) shall--
``(i) be based on data gathered from projects conducted in
5 States chosen by the Secretary from among the States in
which projects under this subsection are operated;
``(ii) use specific outcome measures (determined by the
Secretary) to test the effectiveness of the projects;
``(iii) use experimental and control groups (to the extent
possible) that are composed of a random sample of
participants in the projects; and
``(iv) be conducted in accordance with an experimental
design determined by the Secretary to result in a comparable
design among all projects.
``(C) Each eligible entity conducting a project under this
subsection shall provide to the Secretary in such form and
with such frequency as the Secretary requires interim data
from the projects conducted under this subsection. The
Secretary shall report to the Congress annually on the
progress of such projects and shall, not later than January
1, 2003, submit to the Congress the study required under
subparagraph (A).
``(D) There are authorized to be appropriated $500,000 for
each of fiscal years 1996 through 2002 for the purpose of
conducting the study required under subparagraph (A).''.
(b) Payment.--Section 403 (42 U.S.C. 603) is amended by
adding at the end the following new subsection:
``(o)(1) In addition to any payment under subsection (a) or
(l), each State shall be entitled to payment from the
Secretary for each of fiscal years 1996 through 2002 of an
amount equal to the lesser of--
``(A) 75 percent of the expenditures by the State in
providing for the operation of the projects under section
402(k), and in administering the projects under such section;
or
``(B) the limitation determined under paragraph (2) with
respect to the State for the fiscal year.
``(2)(A) The limitation determined under this paragraph
with respect to a State for any fiscal year is the amount
that bears the same ratio to $71,250,000 as the population
with an income below the poverty line (as such term is
defined in section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2)), including any revision
required by such section) in the State in the second
preceding fiscal year bears to such population residing in
the United States in the second preceding fiscal year.
``(B) If the limitation determined under subparagraph (A)
with respect to a State for a fiscal year exceeds the amount
paid to the State under this subsection for the fiscal year,
the limitation determined under this paragraph with respect
to the State for the immediately succeeding fiscal year shall
be increased by the amount of such excess.
``(3)(A) Notwithstanding any other provision of this title,
for purposes of this subsection, an Indian tribe with an
application approved under section 402(k)(5) shall be
entitled to payment from the Secretary for each of fiscal
years 1996 through 2002 of an amount equal to the lesser of--
``(i) 75 percent of the expenditures by the Indian tribe in
providing for the operation of the projects under section
402(k)(5), and in administering the projects under such
section; or
``(ii) the limitation determined under subparagraph (B)
with respect to the Indian tribe for the fiscal year.
``(B)(i) The limitation determined under this subparagraph
with respect to an Indian tribe for any fiscal year is the
amount that bears the same ratio to $3,750,000 as the
population with an income below the poverty line (as such
term is defined in section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2)), including any revision
required by such section) in the Indian tribe in the second
preceding fiscal year bears to such population of all Indian
tribes with applications approved under section 402(k)(5) in
the second preceding fiscal year.
``(ii) If the limitation determined under clause (i) with
respect to an Indian tribe for a fiscal year exceeds the
amount paid to the Indian tribe under this paragraph for the
fiscal year, the limitation determined under this
subparagraph with respect to the Indian tribe for the
immediately succeeding fiscal year shall be increased by the
amount of such excess.''
``(4) Amounts appropriated for a fiscal year to carry out
this part shall be made available for payments under this
subsection for such fiscal year.''.
SEC. 302. NATIONAL CLEARINGHOUSE ON TEENAGE PREGNANCY.
(a) Establishment.--The Secretary of Education, the
Secretary of Health and Human Services, and the Chief
Executive Officer of the Corporation for National and
Community Service shall establish a national center for the
collection and provision of information that relates to
adolescent pregnancy prevention programs, to be known as the
``National Clearinghouse on Teenage Pregnancy Prevention
Programs''.
(b) Functions.--The national center established under
subsection (a) shall serve as a national information and data
clearinghouse, and as a material development source for
adolescent pregnancy prevention programs. Such center shall--
(1) develop and maintain a system for disseminating
information on all types of adolescent pregnancy prevention
programs and on the state of adolescent pregnancy prevention
program development, including information concerning the
most effective model programs;
(2) identify model programs representing the various types
of adolescent pregnancy prevention programs;
(3) develop networks of adolescent pregnancy prevention
programs for the purpose of sharing and disseminating
information;
(4) develop technical assistance materials to assist other
entities in establishing and improving adolescent pregnancy
prevention programs;
(5) participate in activities designed to encourage and
enhance public media campaigns on the issue of adolescent
pregnancy; and
(6) conduct such other activities as the responsible
Federal officials find will assist in developing and carrying
out programs or activities to reduce adolescent pregnancy.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purposes of this section.
TITLE IV--FINANCING
SEC. 401. UNIFORM ALIEN ELIGIBILITY CRITERIA FOR PUBLIC
ASSISTANCE PROGRAMS.
(a) Federal and Federally-Assisted Programs.--
(1) Program eligibility criteria.--
(A) Aid to families with dependent children.--Section
402(a)(33) (42 U.S.C. 602(a)(33)) is amended--
(i) by striking ``either'' and inserting ``either--''; and
(ii) by striking ``(A) a citizen'' and all that follows
through the semicolon and inserting the following:
``(A) a citizen or national of the United States, or
``(B) a qualified alien (as defined in section
1101(a)(10)), if such alien is not disqualified from
receiving aid under a State plan approved under this part by
or pursuant to section 210(f) or 245A(h) of the Immigration
and Nationality Act or any other provision of law;''.
(B) Supplemental security income.--Section 1614(a)(1)(B)(i)
(42 U.S.C. 1382c(a)(1)(B)(i)) is amended to read as follows:
``(B)(i) is a resident of the United States, and is either
(I) a citizen or national of the United States, or (II) a
qualified alien (as defined in section 1101(a)(10)), or''.
(C) Medicaid--(i) Section 1903(v)(1) (42 U.S.C.
1396b(v)(1)) is amended to read as follows:
``(v)(1) Notwithstanding the preceding provisions of this
section--
``(A) no payment may be made to a State under this section
for medical assistance furnished to an individual who is
disqualified from receiving such assistance by or pursuant to
section 210(f) or 245A(h) of the Immigration and Nationality
Act or any other provision of law, and
``(B) except as provided in paragraph (2), no such payment
may be made for medical assistance furnished to an individual
who is not--
``(i) a citizen or national of the United States, or
``(ii) a qualified alien (as defined in section
1101(a)(10)).''.
(ii) Section 1903(v)(2) (42 U.S.C. 1396b(v)(2)) is
amended--
(I) by striking ``paragraph (1)'' and inserting ``paragraph
(1)(B)''; and
(II) by striking ``alien'' each place it appears and
inserting ``individual''.
[[Page S129]] (iii) Section 1902(a) (42 U.S.C. 1396a(a)) is
amended in the last sentence by striking ``alien'' and all
that follows through the period and inserting ``individual
who is not (A) a citizen or national of the United States, or
(B) a qualified alien (as defined in section 1101(a)(10))
only in accordance with section 1903(v).''.
(iv) Section 1902(b)(3) (42 U.S.C. 1396a(b)(3)) is amended
by inserting ``or national'' after ``citizen''.
(2) Qualified alien defined.--Section 1101(a) (42 U.S.C.
1301(a)) is amended by adding at the end the following new
paragraph:
``(10) The term `qualified alien' means an alien--
``(A) who is lawfully admitted for permanent residence
within the meaning of section 101(a)(20) of the Immigration
and Nationality Act;
``(B) who is admitted as a refugee pursuant to section 207
of such Act;
``(C) who is granted asylum pursuant to section 208 of such
Act;
``(D) whose deportation is withheld pursuant to section
243(h) of such Act;
``(E) whose deportation is suspended pursuant to section
244 of such Act;
``(F) who is granted conditional entry pursuant to section
203(a)(7) of such Act as in effect prior to April 1, 1980;
``(G) who is lawfully admitted for temporary residence
pursuant to section 210 or 245A of such Act;
``(H) who is within a class of aliens lawfully present
within the United States pursuant to any other provision of
such Act, if--
``(i) the Attorney General determines that the continued
presence of such class of aliens serves a humanitarian or
other compelling public interest, and
``(ii) the Secretary of Health and Human Services
determines that such interest would be further served by
treating each alien within such class as a `qualified alien'
for purposes of this Act; or
``(I) who is the spouse or unmarried child under 21 years
of age of a citizen of the United States, or the parent of
such a citizen if the citizen is 21 years of age or older,
and with respect to whom an application for adjustment to
lawful permanent residence is pending;
such status not having changed.''.
(3) Conforming amendment.--Section 244A(f)(1) of the
Immigration and Nationality Act (8 U.S.C. 1254(a)(f)(1)) is
amended by inserting ``and shall not be considered to be a
`qualified alien' within the meaning of section 1101(a)(10)
of the Social Security Act'' before the semicolon at the end.
(b) State and Local Programs.--A State or political
subdivision therein may provide that an alien is not eligible
for any program of assistance based on need that is furnished
by such State or political subdivision unless such alien is a
``qualified alien'' within the meaning of section 1101(a)(10)
of the Social Security Act (as added by subsection (a)(2) of
this section).
(c) Effective Date.--(1) The amendments made by subsection
(a) are effective with respect to benefits payable on the
basis of any application filed after the date of enactment of
this Act.
(2) Subsection (b) is effective upon the date of enactment
of this Act.
SEC. 402. STATE RETENTION OF AMOUNTS RECOVERED.
Section 16(a) of the Food Stamp Act of 1977 (7 U.S.C.
2025(a)) is amended in the proviso of the first sentence by
striking ``1995'' each place such term appears and inserting
``2004''.
Mr. ROCKEFELLER. Mr. President, for years, as Governor of West
Virginia and as a U.S. Senator, I have advocated changes to our welfare
system so that it promotes work and responsibility. I am proud to
continue these efforts by joining Senator Daschle and other colleagues
in sponsoring S. 8, the Teen Pregnancy Prevention and Parent
Responsibility Act.
This legislation is an essential step that builds on the Family
Support Act of 1988 in reforming our welfare system. It emphasizes
parental responsibility and makes real reforms designed to address the
issues of teen pregnancy. As noted in the final report of the
bipartisan National Commission on Children, unmarried teenage mothers
often lack the maturity, economic means, and parenting skills to care
for themselves and their children.
For West Virginia, this issue is of major importance. According to
the 1993 West Virginia Kids Count, births to unmarried teens has
increased by 60 percent between 1980 and 1991 in my State. The
percentage of births to unwed teen parents is tragically a predictor of
economic hardship for both mother and child. This trend must be
reversed for the sake of teens, children, and our future.
This bill boldly confronts this concern by requiring unwed mothers
under the age of 18 to live with an adult family member or in a
supervised group home in order to receive Federal Aid to Families with
Dependent Children [AFDC]. Unwed teen mothers would also be required to
stay in school and complete their high school education in order to
receive benefits. If substance abuse is a problem, unwed teen mothers
would have to seek counseling. These are major changes designed to help
both unwed teen mothers and their children. It is an effort to try and
ensure that a caring adult is involved with both teen parent and
infant. Also, it is one of the toughest initiatives yet to ensure that
teenage mothers stay in school and get the education they will need to
avoid a lifetime of dependency.
There is broad consensus about the need to change our welfare system
from a program that can inadvertently trap families in a lifetime of
dependency into a transitional assistance program that fosters work and
responsibility. But there are major questions about how to achieve this
goal.
As we debate a series of welfare reform proposals, I will judge each
proposal by the fundamental question of how each change will affect
both the poor parent and the child. Welfare reform should not punish
vulnerable children or their parents. Reform should encourage self-
sufficiency in firm but fair ways. Senator Daschle's legislation passes
this test with flying colors. It will help both unwed teen parents and
child by ensuring the involvement of an adult, and by keeping teens in
school.
Obviously, more work must be done to reform our overall welfare
system since the Department of Health and Human estimates that teen
parents are less than 10 percent of all families on welfare. But this
legislation is a sensible first step focusing on unwed teen parents and
it will hopefully help break a cycle of dependency early.
In additional to the eligibility requirements for unwed teen parents
to receive AFDC, the bill gives States and communities funding to
invest in pregnancy prevention for at risk youth. The legislation is
paid for in responsible ways including provision to strengthen child
support enforcement, another key way to promote parental responsibility
among absent fathers.
Teenage pregnancy is a complicated issue facing our society, and
there are no simple solutions or quick answers. But I believe that the
Teenage Pregnancy Prevention and Parent Responsibility Act lays out
needed change in Federal policy. Current Federal policy enables teen
parents on welfare to establish their own independent household by
offering them Federal assistance, but this legislation dramatically
changes the rules and incentives. It sends a fundamental message to
unwed teen parents to stay in school and seek help from caring adults,
preferably their families. While this bill is not a silver bullet, it
is a serious, substantive effort to ensure that Federal policy reflects
American values for families and children.
______
By Mr. DASCHLE (for himself, Mr. Exon, Ms. Mikulski, Mr. Breaux,
Mr. Robb, Mr. Kerry, Mr. Pell, and Ms. Moseley-Braun):
S. 9. A bill to direct the Senate and the House of Representatives to
enact legislation on the budget for fiscal years 1995 through 2003 that
would balance the budget by fiscal year 2003; to the Committee on the
Budget and the Committee on Governmental Affairs, jointly, pursuant to
the order of August 4, 1977, with insturctions that if one Committee
reports, the other Committee have thirty days to report or be
discharged.
BUDGET RESOLUTION FOR FISCAL YEARS 1995 THROUGH 2003
Mr. DASCHLE. 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. 9
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. BUDGET RESOLUTION FOR FISCAL YEARS 1996 THROUGH
2003.
Not later than the end of the 1st session of the 104th
Congress, the Senate and House of Representatives shall--
(1) adopt a concurrent resolution on the budget for fiscal
years 1996 through 2003; and
(2) enact all the necessary authorizing and appropriations
legislation,
that would balance the Federal budget by the beginning of
fiscal year 2003.
______
By Mr. DASCHLE (for himself, Mr. Glenn, Mr. Levin, Ms. Mikulski,
Mr. Breaux, Mr.
[[Page S130]] Kerry, Ms. Moseley-Braun, and Mr. Harkin):
S. 10. A bill to make certain laws applicable to the legislative
branch of the Federal Government, to reform lobbying registration and
disclosure requirements, to amend the gift rules of the Senate and the
House of Representatives, and to reform the Federal election laws
applicable to the Congress; to the Committee on Governmental Affairs.
COMPREHENSIVE CONGRESSIONAL REFORM ACT
Mr. DASCHLE. 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. 10
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Congressional
Reform Act of 1995 ''.
DIVISION A--EXTENSION OF RIGHTS AND PROTECTIONS, AND ASSOCIATED
PROCEDURES
SEC. 100. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) All employees of the House of Representatives, of the
Senate, and of the congressional instrumentalities are
entitled to fundamental rights and protections provided by
law to private and other public employees.
(2) The Congress has made notable progress in ensuring that
such rights and protections are afforded to these legislative
branch employees, by--
(A) extending to employees of the House of Representatives
the provisions of the Civil Rights Act of 1964, the Americans
with Disabilities Act of 1990, the Family and Medical Leave
Act of 1993, and the Fair Labor Standards Act of 1938;
(B) extending to employees of the Senate the provisions of
the Civil Rights Act of 1964, the Age Discrimination in
Employment Act of 1967, the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, and the Family and
Medical Leave Act of 1993; and
(C) extending to employees of congressional
instrumentalities numerous rights and protections under
employment laws.
(3) The Congress should expand on this base of rights and
protections by eliminating gaps in coverage and extending
coverage so as to assure to legislative branch employees the
rights and protections of laws on employment discrimination,
family and medical leave, fair labor standards, labor-
management relations, occupational safety and health,
polygraph protection and worker retraining.
(4) The Congress should likewise establish prompt, fair,
and independent processes to resolve disputes and to enforce
employee rights and protections, building on and
strengthening the dispute resolution and enforcement
procedures already established by the Government Employees
Rights Act of 1991 (2 U.S.C. 1201 et seq.), section 117 of
the Civil Rights Act of 1991 (2 U.S.C. 60l), and other
relevant statutes and rules of Congress.
(5) The extension of employee rights and protections
affecting employees of the Architect of the Capitol and the
Capitol Police should be accomplished in a manner that
ensures that they are treated in a consistent manner
regardless of their place of assignment within the Congress.
(6) The extension of employee rights and protections should
be accomplished in a manner that is consistent with the
responsibilities and functions of the House of
Representatives and the Senate under the Constitution.
(b) Purposes.--The purposes of this Act are to eliminate
gaps in coverage, extend coverage, and establish prompt,
fair, and independent dispute resolution and enforcement
procedures, for rights and protections established by--
(1) title VII of the Civil Rights Act of 1964;
(2) the Fair Labor Standards Act of 1938;
(3) the Age Discrimination in Employment Act of 1967;
(4) the Americans with Disabilities Act of 1990;
(5) the Rehabilitation Act of 1973;
(6) the Family and Medical Leave Act of 1993;
(7) the Occupational Safety and Health Act of 1970; and
(8) chapter 71 of title 5, United States Code (commonly
known as the ``Federal Service Labor-Management Relations
Statute'').
(9) The Employee Polygraph Protection Act of 1988.
(10) The Worker Adjustment and Retraining Notification Act.
(11) Chapter 43 of title 38, United States Code (relating
to veterans' employment and reemployment).
SEC. 100A. DEFINITIONS.
Except as otherwise specifically provided in this Act, as
used in this Act:
(1) Board.--The term ``Board'' means the Board of Directors
of the Office of Congressional Fair Employment Practices
appointed under section 202.
(2) Calendar day of continuous session.--The term
``calendar day of continuous session'' means a calendar day
other than one on which either House is not in session
because of an adjournment of more than three days to a date
certain.
(3) Chair.--The term ``Chair'' means the Chair of the Board
of Directors of the Office of Congressional Fair Employment
Practices appointed under section 202(b).
(4) Covered employee.--The term ``covered employee'' means
any employee of--
(A) the House of Representatives;
(B) the Senate;
(C) the Architect of the Capitol;
(D) the Congressional Budget Office;
(E) the Office of Technology Assessment; or
(F) the Office of Congressional Fair Employment Practices.
(5) Director.--The term ``Director'' means the Director of
the Office of Congressional Fair Employment Practices
appointed under section 203(a).
(6) Employee of the architect of the capitol.--The term
``employee of the Architect of the Capitol'', means--
(A) any employee of the Architect of the Capitol, the
Botanic Garden, or the Senate Restaurants;
(B) any applicant for a position that is to be occupied by
an individual described in subparagraph (A) and whose claim
of a violation under this Act arises out of the application;
and
(C) any individual who was formerly an employee described
in subparagraph (A) and whose claim of a violation under this
Act arises out of the employment.
(7) Employee of certain congressional instrumentalities.--
The terms ``employee of the Congressional Budget Office'',
``employee of the Office of Technology Assessment'', and
``employee of the Office of Congressional Fair Employment
Practices'' mean, respectively--
(A) any employee of the Congressional Budget Office, the
Office of Technology Assessment, or the Office of
Congressional Fair Employment Practices;
(B) any applicant for a position that is to be occupied by
an individual described in subparagraph (A) and whose claim
of a violation under this Act arises out of the application;
and
(C) any individual who was formerly an employee described
in subparagraph (A) and whose claim of a violation under this
Act arises out of the employment.
(8) Employee of the house of representatives.--The term
``employee or the House of Representatives'' means--
(A) an individual occupying a position the pay for which is
disbursed by the Clerk of the House of Representatives, or
another official designated by the House of Representatives,
or any employment position in a legislative service
organization or other entity that is paid through funds
derived from the clerk-hire allowance of the House of
Representatives, including any such individual employed by
the Capitol Police, the Capitol Guide Service, or the Office
of the Attending Physician, but not including an individual
employed by the Congressional Budget Office or the Architect
of the Capitol;
(B) any applicant for a position described in subparagraph
(A) whose claim of a violation under this Act arises out of
the application; and
(C) any individual who was formerly an employee described
in subparagraph (A) and whose claim of a violation under this
Act arises out of the employment.
(9) Employee of the senate.--The term ``employee of the
Senate'' means--
(A) any employee whose pay is disbursed by the Secretary of
the Senate, including any such individual employed by the
Capitol Police, the Capitol Guide Service, or the Office of
the Attending Physician, but not including an individual
employed by the Architect of the Capitol;
(B) any applicant for a position that is to be occupied by
an individual described in subparagraph (A) and whose claim
of a violation under this Act arises out of the application;
and
(C) any individual who was formerly an employee described
in subparagraph (A) and whose claim of a violation under this
Act arises out of the employment.
(10) Employing office.--The term ``employing office'' means
the personal office of a Member of the House of
Representatives or a Senator or any other office under the
authority of a head of an employing office.
(11) General counsel.--The term ``General Counsel'' means
the General Counsel of the Office of Congressional Fair
Employment Practices appointed under section 203(c).
(12) Head of an employing office.--The term ``head of an
employing office'' means--
(A) the Member of Congress or the officer or employee or
board or other entity of the Congress that has final
authority to appoint, hire, discharge, and set the terms,
conditions, or privileges of the employment of an employee of
the House of Representatives or an employee of the Senate;
and
(B) the Architect of the Capitol, the Director of the
Congressional Budget Office, the Director of the Office of
Technology Assessment, and the Board of the Office of
Congressional Fair Employment Practices.
For purposes of the minority staff of a committee, the
ranking minority member shall be the head of the employing
office.
(13) Office.--The term ``Office'' means the Office of
Congressional Fair Employment Practices established under
section 201.
[[Page S131]] TITLE I--EXTENSION OF RIGHTS AND PROTECTIONS, AND
ASSOCIATED PROCEDURES
SEC. 101. RIGHTS AND PROTECTIONS UNDER LAWS AGAINST
EMPLOYMENT DISCRIMINATION.
(a) Discriminatory Practices Prohibited.--
(1) In general.--All personnel actions affecting covered
employees shall, in accordance with the terms of this
section, be made free from any discrimination based on--
(A) race, color, religion, sex, or national origin, within
the meaning of section 717 of the Civil Rights Act of 1964
(42 U.S.C. 2000e-16);
(B) age, within the meaning of section 15 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
(C) handicap or disability, within the meaning of section
501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and
sections 102 through 104 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12112-12114).
(2) Prohibition of intimidation or reprisal.--Any
intimidation of, or reprisal against, any covered employee
because of the exercise of a right under section 107 or 109
with respect to rights and protections under this Act
constitutes an unlawful employment practice, which may be
remedied in the same manner as is a violation of paragraph
(1).
(b) Available Relief.--
(1) Civil rights.--The relief for a violation of subsection
(a)(1)(A) shall be such relief as would be appropriate if
awarded under sections 706(g) and 706(k) of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-5(g) and 2000e-5(k), and the
same interest to compensate for delay in payment shall be
available as in cases involving nonpublic parties; and
including such compensatory damages (not exceeding, for each
complaining party, and irrespective of the size of the
employing office, the maximum amount available under section
1977A(b)(3)(D)) of the Revised Statutes (42 U.S.C.
1981a(b)(3)(D)) as would be appropriate if awarded under
section 1977 and sections 1977(A)(a) and (b)(2) of the
Revised Statutes (42 U.S.C. 1981, 1981a (a), and (b)(2)).
(2) Age discrimination.--The relief for a violation of
subsection (a)(1)(B) shall be such relief as would be
appropriate if awarded under section 15(c) of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c)).
(3) Disabilities discrimination.--The relief for a
violation of subsection (a)(1)(C) shall be such relief as
would be appropriate if awarded under section 505(a) of the
Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)) or section
107(a) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12117(a)).
(4) Punitive damages.--Punitive damages shall not be
available for a violation of subsection (a).
(c) Exclusive Procedures.--No covered employee may commence
an administrative or judicial proceeding to seek a remedy for
practices prohibited under this section except as provided in
section 107. Only a covered employee who has undertaken and
completed the procedures described in section 107 (1) through
(3) may be granted relief under this section.
(d) Clarification of Application to General Accounting
Office, Government Printing Office, and Library of
Congress.--
(1)Section 717 of the civil rights act of 1964.--Section
717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16)
is amended by--
(A) striking ``legislative and'';
(B) striking ``branches'' and inserting ``branch''; and
(C) inserting ``Government Printing Office, the General
Accounting Office, and the'' after ``and in the''.
(2) Section 15 of the age discrimination in employment act
of 1967.--Section 15(a) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 633a(a)) is amended by--
(A) striking ``legislative and'';
(B) striking ``branches'' and inserting ``branch''; and
(C) inserting ``Government Printing Office, the General
Accounting Office, and the'' after ``and in the''.
(3) Section 509 of the americans with disabilities act of
1990.--Section 509 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12209) is amended--
(A) by striking subsections (a) and (b) of section 509;
(B) in subsection (c), by striking ``(c) Instrumentalities
of congress.--'' and inserting ``The General Accounting
Office, the Government Printing Office, and the Library of
Congress shall be covered as follows:'';
(C) by striking the second sentence of paragraph (2);
(D) in paragraph (4), by striking ``instrumentalities of
the Congress include'' and inserting ``the term
instrumentality of the Congress' means'', by striking ``the
Architect of the Capitol, the Congressional Budget Office'',
by inserting ``and'' before ``the Library'', and by striking
``the Office of Technology Assessment, and the United States
Botanic Garden'';
(E) by redesignating paragraph (5) as paragraph (7) and by
inserting after paragraph (4) the following new paragraph:
``(5) Enforcement of employment rights.--The remedies,
procedures, and rights set forth in section 717 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16) shall be available to
any employee of an instrumentality of the Congress who
alleges a violation of the rights and protections under
sections 102 through 104 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12112-12114) that are made applicable
by this section, except that the authorities of the Equal
Employment Opportunity Commission shall be exercised by the
chief official of each instrumentality of the Congress.'';
and
(F) by amending the title of the section to read
``INSTRUMENTALITIES OF THE CONGRESS''.
(e) Effective Date.--This section shall be effective 9
months after the date of enactment of this Act.
SEC. 102. RIGHTS AND PROTECTIONS UNDER THE FAMILY AND MEDICAL
LEAVE ACT OF 1993.
(a) Family and Medical Leave Rights and Protections
Provided.--
(1) In general.--The rights and protections established
under sections 101 through 105 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611-2615) shall apply, in
accordance with this section, with respect to covered
employees.
(2) Definitions.--For purposes of the application described
in paragraph (1)--
(A) the term ``eligible employee'' means--
(i) any employee of the House of Representatives who has
been employed for at least 12 months on other than a
temporary or intermittent basis by any employing office of
the House of Representatives; and
(ii) any employee of the Senate who has been employed for
at least 12 months on other than a temporary or intermittent
basis by any employing office of the Senate; and
(B) the term ``employer'' means any employing office.
(b) Available Relief.--The relief for a violation of
subsection (a) shall be such relief as would be appropriate
if awarded under paragraph (1) or (3) of section 107(a) of
the Family and Medical Leave Act of 1993 (29 U.S.C. 2617(a)
(1) or (3)).
(c) Exclusive Procedures.--No covered employee may commence
an administrative or judicial proceeding to seek a remedy for
a violation of the rights and protections afforded in this
section except as provided in section 107. Only a covered
employee who has undertaken and completed the procedures
described in section 107 (1) through (3) may be granted
relief under this section.
(d) Rules To Implement Section.--
(1) In general.--Not later than January 3, 1996, the Board
shall, pursuant to section 204, issue any rules necessary to
implement the rights and protections under this section.
(2) Agency regulations.--The rules promulgated under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsections (a) and (b)
except insofar as the Board may determine, for good cause
shown and stated together with the rule, that a different
rule would better serve the purposes of such statutory
provisions and of this Act.
(e) Application to General Accounting Office and Library of
Congress.--
(1) Family and medical leave act of 1993.--Section
101(4)(A) of the Family and Medical Leave Act of 1933 (29
U.S.C. 2611(4)(A)) is amended by striking ``and'' at the end
of clause (ii), by striking the period at the end of clause
(iii) and inserting ``; and'', and by adding after clause
(iii) the following:
``(iv) includes the General Accounting Office and the
Library of Congress.''.
(2) Civil service employees.--Section 6381(1)(A) of title
5, United States Code, is amended by striking ``and'' after
``District of Columbia'' and inserting before the semicolon
the following: ``, and any employee of the General Accounting
Office and the Library of Congress''.
(3) Enforcement.--Section 107 of the Family and Medical
Leave Act of 1993 (29 U.S.C 2617) is amended by adding at the
end the following:
``(f) General Accounting Office and Library of Congress.--
``(1) Procedures.--Procedures for the enforcement of
section 105 for the General Accounting Office and the Library
of Congress shall be limited to the procedures described in
subsection (a).
``(2) Secretary of labor.--In the case of the General
Accounting Office and the Library of Congress, the authority
of the Secretary of Labor under this title shall be exercised
respectively by the head official of the General Accounting
Office and the Library of Congress.''.
(f) Effective Date.--Subsection (a) through (d) shall be
effective on the effective date of the rules issued under
subsection (d) or 1 year after the date of enactment of this
Act, whichever is earlier.
SEC. 103. RIGHTS AND PROTECTIONS UNDER THE FAIR LABOR
STANDARDS ACT.
(a) Fair Labor Standards.--
(1) In general.--Subject to the limitations in section
13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(a)(1)), the rights and protections established under
subsections (a)(1) and (d) of section 6, section 7, section
12(c), and section 15(a)(3) of such Act (29 U.S.C. 206 (a)(1)
and (d), 207, 212(c), 215(a)(3)) shall apply, in accordance
with this section, with respect to covered employees.
(2) Volunteer services excepted.--For the purposes of this
section, the term ``employee'' does not include any
individual who volunteers to perform services under the same
conditions as would exclude an individual who volunteers to
perform services for a State, a political subdivision of a
State, or an interstate governmental agency under section
3(e)(4)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(4)(A)).
[[Page S132]] (b) Available Relief.--The relief for a
violation of subsection (a) shall be such relief as would be
appropriate if awarded under section 16(b) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 216(b)).
(c) Exclusive Procedures.--No covered employee may commence
an administrative or judicial proceeding to seek a remedy for
a violation of the rights and protections afforded in this
section except as provided in section 107. Only a covered
employee who has undertaken and completed the procedures
described in section 107 (1) through (3) may be granted
relief under this section.
(d) Rules To Implement Section.--
(1) In general.--Not later than January 3, 1996, the Board
shall, pursuant to section 204, issue any rules necessary to
implement the rights and protections under this section.
(2) Agency regulations.--The rules promulgated under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsections (a) and (b)
except insofar as the Board may determine, for good cause
shown and stated together with the rule, that a different
rule would better serve the purposes of such statutory
provisions and of this Act.
(3) Irregular work schedules.--As part of the rules under
this subsection, the Board shall study and, pursuant to
section 204, issue rules establishing the manner and extent
to which the requirements of this section shall apply to
covered employees whose work schedule directly depends on the
schedule of the House of Representatives or the Senate. Such
rules shall include provisions comparable to the provisions
in the Fair Labor Standards Act of 1938 that apply to private
and public employees who have irregular work schedules.
(e) Clarification of application to the Government Printing
Office.--Section 3(e)(2)(A) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203(e)(2)(A)) is amended--
(1) in clause (iii), by striking ``legislative or'',
(2) by striking ``or'' at the end of clause (iv),
(3) by striking the semicolon at the end of clause (v) and
inserting ``, or'', and
(4) by adding after clause (v) the following:
``(vi) the Government Printing Office;''.
(f) Effective Dates.--Subsections (a) through (c) shall be
effective on the effective date of the rules issued under
subsection (d) or on July 1, 1996, whichever is earlier.
SEC. 104. RIGHTS AND PROTECTIONS UNDER EMPLOYEE POLYGRAPH
PROTECTION ACT.
(a) Polygraph Protection Rights.--
(1) In general.--The rights and protections of the Employee
Polygraph Protection Act of 1988 (29 U.S.C. 2001 et seq.)
shall apply, in accordance with this section, with respect to
covered employees.
(2) Coverage.--For purposes of this section, the term
``covered employee'' shall include employees of the General
Accounting Office, the Library of Congress, and the term
``employing office'' shall included the General Accounting
Office and the Library of Congress.
(b) Available Relief.--The relief for a violation of
subsection (a) shall be such relief as would be appropriate
if awarded under section 6(c)(1), (3) of the Employee
Polygraph Protection Act of 1988 (29 U.S.C. 20005(c)(1),
(3)).
(c) Exclusive Procedures.--No covered employee may commence
an administrative or judicial proceeding to seek a remedy for
any violation of or to enforce any rights and protections
provided by this section except as provided in section 107.
Only a covered employee who has undertaken and completed the
procedures described in sections 107 (1) through (3) may be
granted relief under this section.
(d) Rules To Implement Section.--Not later than January 3,
1997, the Board shall issue rules pursuant to section 204 on
the manner and extent to which the requirements, exemptions,
and relief (except for penalties) of the Employee Polygraph
Protection Act of 1988 should apply to covered employees and
offices of the legislative branch. In issuing such
regulations, the Board shall, to the greatest extent
practicable, be consistent with the provisions and purposes
of such Act and any regulations issued by the Secretary of
Labor under such Act, and the purposes of this Act.
(e) Effective Date.--Subsections (a) and (b) shall be
effective on the effective date of the rules issued under
subsection (c) or on July 1, 1997, whichever is earlier;
except that subsections (a) and (b) shall be effective with
respect to the General Accounting Office and the Library of
Congress 1 year after the completion of the study under
section 112.
SEC. 105. RIGHTS AND PROTECTIONS UNDER WORKER ADJUSTMENT AND
RETRAINING ACT.
(a) Worker Adjustment and Retraining Rights.--
(1) In general.--The rights and protections of the Worker
Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.) shall apply, in accordance with this section, with
respect to covered employees.
(2) Coverage.--For purposes of this section, the term
``covered employee'' shall include employees of the General
Accounting Office and the Library of Congress, and the term
``employing office'' shall include the General Accounting
Office and the Library of Congress.
(b) Available Relief.--The relief for a violation of
subsection (a) shall be such relief as would be appropriate
if awarded under section 5 of the Worker Adjustment and
Retraining Notification Act of 1988 (29 U.S.C. 2104(a)).
(c) Exclusive Procedures.--No person may commence an
administrative or judicial proceeding to seek a remedy for
any violation of or to enforce any rights and protections
provided by this section except as provided in section 107.
Only a covered employee who has undertaken and completed the
procedures described in section 107 (1) through (3) may be
granted relief under this section.
(d) Rules To Implement Section.--Not later than January 3,
1997, the Board shall issue rules pursuant to section 204 on
the manner and extent to which the requirements, exemptions,
and relief of the Worker Adjustment and Retraining Act should
apply to covered employees and employing offices. In issuing
such regulations, the Board shall, to the greatest extent
practicable, be consistent with the provisions and purposes
of such Act and any regulations issued by the Secretary of
Labor under such Act, and the purposes of this Act.
(e) Effective Date.--Subsections (a) and (b) shall be
effective on the effective date of the rules issued under
subsection (c) or on July 1, 1997, whichever is earlier;
except that subsections (a) and (b) shall be effective with
respect to the General Accounting Office and the Library of
Congress 1 year after the completion of the study under
section 112.
SEC. 106. RIGHTS AND PROTECTIONS UNDER CHAPTER 43 OF TITLE
38, UNITED STATES CODE.
(a) Employment and Reemployment Rights of Members of the
Uniformed Services.--
(1) In general.--It shall be unlawful for an employing
office to--
(A) discriminate, within the meaning of sections 4311(a)
and 4311(b) of title 38, United States Code, against an
eligible employee;
(B) deprive an eligible employee of reemployment rights
within the meaning of sections 4312 and 4313 of title 38,
United States Code; or
(C) deprive an eligible employee of benefits within the
meaning of sections 4316, 4317, and 4318 of title 38, United
States Code.
(2) Definition.--For purposes of this section, the term
``eligible employee'' means a covered employee performing
service in the uniformed services, within the meaning of
section 4303(13) of title 38, United States Code, whose
service has not been terminated upon occurrence of any of the
events enumerated in section 4304 of title 38, United States
Code.
(3) Coverage.--For purposes of this section, the term
``covered employee'' shall include employees of the General
Accounting Office and the Library of Congress and the term
``employing office'' shall include the General Accounting
Office and the Library of Congress.
(b) Available Relief.--The relief for a violation of
subsection (a) shall be such relief as would be appropriate
if awarded under section 4323(c)(1) of title 38, United
States Code.
(c) Exclusive Procedures.--No person may commence an
administrative or judicial proceeding to seek a remedy for
practices prohibited under this section except as provided in
section 107 and section 4314(c) of title 38, United States
Code. Only a covered employee who has undertaken and
completed the procedures described in section 107 (1) through
(3) may be granted relief under this section.
(d) Rules To Implement Section.--
(1) In general.--Not later than January 3, 1996, the Board
shall, pursuant to section 204, issue any rules necessary to
implement the rights and protections under this section.
(2) Agency regulations.--The rules promulgated under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsection (a) except to
the extent that the Board may determine, for good cause shown
and stated together with the regulation, that a different
regulation would better serve the purposes of such statutory
provisions and of this Act.
(e) Effective Date.--This section shall be effective on the
effective date of the regulations issued under subsection (d)
or on July 1, 1997, whichever is earlier; except that
subsections (a) and (b) shall be effective with respect to
the General Accounting Office and the Library of Congress 1
year after the completion of the study under section 112.
SEC. 107. PROCEDURES FOR REMEDY OF EMPLOYMENT DISCRIMINATION,
FAMILY AND MEDICAL LEAVE, AND FAIR LABOR
STANDARDS VIOLATIONS.
The exclusive procedures for remedy of violations of
sections 101, 102, 103, 104, 105, and 106 shall be as
follows:
(1) Counseling.--Any covered employee alleging a violation
of section 101, 102, 103, 104, 105, or 106 may request
counseling by the Office. Such counseling shall be conducted
pursuant to the provisions of section 301 and shall be
requested within the time specified in section 307.
(2) Mediation.--Not later than 15 days after the Office
gives notification to an employee pursuant to section 301(d)
of the end of the period of counseling under paragraph (1),
the employee may file a request for mediation with the
Office. On the filing of such a request, the Office shall
conduct mediation in accordance with section 302.
(3) Choice of adjudicatory proceeding.--Not later than 90
days after the Office gives notice pursuant to section 302(f)
of the end of the period of mediation, but not sooner than
[[Page S133]] 30 days after such notification, an employee
may either--
(A) file a formal complaint with the Office in accordance
with section 303; or
(B) file a civil action in the United States district court
for the district in which the employee is employed or for the
District of Columbia, subject to the provisions of section
306.
(4) Appeal to the board.--Any party aggrieved by a final
decision of the hearing officer with respect to a formal
complaint filed with the Office pursuant to paragraph (3)(A)
may appeal to the Board pursuant to section 304 not later
than 30 days after the entry of the final decision of a
hearing officer under section 303(g).
(5) Judicial review.--Any party aggrieved by a final
decision of the Board under paragraph (4) may file a petition
for review in the United States Court of Appeals for the
Federal Circuit pursuant to section 305 not later than 90
days after the entry of the final decision of the Board under
section 304(e).
SEC. 108. RIGHTS AND PROTECTIONS UNDER THE AMERICANS WITH
DISABILITIES ACT OF 1990 RELATING TO PUBLIC
SERVICES AND ACCOMMODATIONS; PROCEDURES FOR
REMEDY OF VIOLATIONS.
(a) Entities Subject to This Section.--The requirements of
this section shall apply to--
(1) each office of the Senate;
(2) each office of the House of Representatives;
(3) each joint committee of the Congress;
(4) the Office of the Architect of the Capitol (including
the Senate Restaurants and the Botanic Garden);
(5) the Capitol Guide Service;
(6) the Capitol Police;
(7) the Congressional Budget Office;
(8) the Office of Technology Assessment; and
(9) the Office of Congressional Fair Employment Practices.
(b) Discrimination in Public Services.--
(1) Rights and protections.--The rights and protections
against discrimination in the provision of public services
established under sections 201 through 230, 302, 303, 309,
503(a), and 503(b) of the Americans with Disabilities Act of
1990 (42 U.S.C. 12131-12150, 12182-12183, 12189, 12203(a),
12203(b)) shall apply, pursuant to the terms of this section,
to the entities listed in subsection (a).
(2) Coverage.--The rights and protections of paragraph (1)
shall apply, pursuant to the terms of this section, to any
qualified individual with a disability (as defined in section
201(2) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12131(2)), except that, with respect to any claims of
employment discrimination asserted by any covered employee,
the exclusive remedy shall be under section 101.
(3) Definitions.--For purposes of the application of the
Americans with Disabilities Act of 1990 under this section,
the term ``public entity'' means any entity listed in
subsection (a). For purposes of this section, an office of
the Senate or an office of the House of Representatives
means, respectively, a unit of the Senate or the House of
Representatives that provides public services, within the
meaning of sections of the Americans with Disabilities Act of
1990 as applied by paragraph (1).
(c) Available Relief.--The relief for a violation of
subsection (b) shall be such relief as would be appropriate
if awarded under section 203 or 503(c) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12133 or 12203(c)).
(d) Available Procedures.--
(1) Charge filed with general counsel.--A qualified
individual with a disability who alleges a violation of
subsection (b) by an entity listed in subsection (a) may file
a charge with the General Counsel. The General Counsel shall
investigate the charge.
(2) Mediation.--If, upon investigation under paragraph (1),
the General Counsel believes that a violation of subsection
(b) may have occurred and that mediation may be helpful in
resolving the dispute, the General Counsel may request
mediation under section 302 between the charging individual
and the entity or entities responsible for causing or
remedying the alleged violation.
(3) Complaint, hearing, board review.--If mediation under
paragraph (2) has not succeeded in resolving the dispute, and
if the General Counsel believes that a violation of
subsection (b) has occurred, the General Counsel may file
with the Office a complaint against the entity or entities.
The complaint shall be submitted to a hearing officer for
decision pursuant to section 303, subject to review by the
Board pursuant to section 304.
(4) Judicial review.--The charging individual or the entity
or entities respondent to the complaint, if aggrieved by a
final decision of the Board under paragraph (3), may file a
petition for review in the United States Court of Appeals for
the Federal Circuit, pursuant to section 305.
(5) Exclusive procedures.--No person may commence an
administrative or judicial proceeding to seek a remedy for
violation of the rights and protections afforded in this
section except as provided in this subsection. Only a
qualified individual with a disability who has filed a charge
with the General Counsel under this subsection may be granted
relief under this section.
(e) Rules To Implement Section.--
(1) In general.--Not later than January 3, 1996, the Board
shall, pursuant to section 204, issue rules necessary to
implement the rights and protections under this section.
(2) Agency regulations.--The rules promulgated under
paragraph (1) shall be the same as substantive regulations
promulgated by the Attorney General and the Secretary of
Transportation to implement the statutory provisions referred
to in subsections (b) and (c) except to the extent that the
Board may determine, for good cause shown and stated together
with the rule, that a different rule would better serve the
purposes of such statutory provisions and of this Act.
(f) Effective Dates.--Subsections (b), (c), and (d) shall
be effective on the effective date of the rules issued under
subsection (e) or on July 1, 1996, whichever is earlier.
(g) Inspection; Report to Congress.--
(1) Inspection.--On a regular basis, and at least once each
Congress, the General Counsel shall inspect the facilities of
Congress and of congressional instrumentalities listed in
subsection (a) to ensure compliance with subsection (b).
(2) Report.--On the basis of these inspections, the General
Counsel shall, at least once every Congress, prepare and
submit a report to the Speaker of the House of
Representatives and the President pro tempore of the Senate
containing the results of the inspection, describing any
steps necessary to correct any violations of this section,
assessing any limitations in accessibility to and usability
by individuals with disabilities associated with each
violation, and the estimated cost and time needed for
abatement.
(3) Details.--The Attorney General, the Secretary of
Transportation, and the Architectural and Transportation
Barriers Compliance Board may, on request of the Office,
detail to the Office such personnel as may be necessary to
advise and assist the Office in carrying out its duties under
this section.
(h) Application of Americans With Disabilities Act of 1990
to the Provision of Public Services and Accommodations by the
General Accounting Office, the Government Printing Office,
and the Library of Congress.--Section 509 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12209), as amended
by section 101(d), is amended by adding the following new
paragraph:
``(6) Enforcement of rights to public services and
accommodations.--The remedies, procedures, and rights set
forth in section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16) shall be available to any qualified person
with a disability who is a visitor, guest, or patron of an
instrumentality of Congress and who alleges a violation of
the rights and protections under sections 201 through 230,
302, and 303 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12131-12150, 12182-83) that are made applicable by
this section, except that the authorities of the Equal
Employment Opportunity Commission shall be exercised by the
chief official of the instrumentality of the Congress.''.
SEC. 109. RIGHTS AND PROTECTIONS UNDER THE OCCUPATIONAL
SAFETY AND HEALTH ACT OF 1970; PROCEDURES FOR
REMEDY OF VIOLATIONS.
(a) Occupational Safety and Health Protections.--
(1) In general.--Each employing office and each covered
employee (and representatives of such employee) shall comply
with provisions of section 5 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 654). The duties, rights, and
protections of sections 8, 9, and 11(c) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 657, 658 and 660(c))
shall apply with respect to each employing office and each
covered employee (and representatives of such employee). For
purposes of the application under this section of the
Occupational Safety and Health Act of 1970, the term
``employer'' as used in such Act or in this section means any
employing office and the term ``employee'' means any covered
employee.
(2) Coverage.--For purposes of the application under this
section of the Occupational Safety and Health Act of 1970,
the term ``employer'' as used in such Act means an employing
office and the term ``employee'' means a covered employee.
For purposes of this section, the term ``employing office''
includes the General Accounting Office and the Library of
Congress, and the term ``employee'' includes employees of the
General Accounting Office and the Library of Congress.
(b) Available Remedies.--The remedies for a violation of
subsection (a) shall be such remedies, except penalties, as
would be appropriate if awarded under sections 9(a), 10(c),
and 11(c)(2) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 658(a), 659(c), and 660(c)(2)).
(c) Available Procedures.--
(1) Inspections, investigations; authorities of the general
counsel.--For purposes of this section and in the manner
provided in this section, the General Counsel shall exercise
the authorities granted to the Secretary of Labor by
subsections (a) and (f) of section 8 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 657 (a) and (f)) to
inspect and investigate places of employment under the
jurisdiction of employers. Any employer, employee, or
representative of employees may submit written requests to
the General Counsel to conduct an inspection.
(2) Citations, notices, notifications; authorities of the
general counsel.--
(A) In general.--For purposes of this section and in the
manner provided in this section, the General Counsel shall
exercise the authorities granted to the Secretary of Labor in
sections 9 and 10 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 658 and 659), to issue, subject to the
procedures in subparagraph (B)--
[[Page S134]] (i) a citation or notice to any employer that
the General Counsel believes is in violation of subsection
(a); or
(ii) a notification to any employer that the General
Counsel believes has failed to correct a violation for which
a citation has been issued within the period permitted for
its correction.
(B) Appropriate employer.--A citation or notification may
not be issued to an employer that is neither responsible for
having caused nor responsible for correcting a violation.
Appropriation of insufficient funds shall not indicate a lack
of responsibility for having caused or for correcting a
violation. If correction of a violation requires action by
the Architect of the Capitol, the General Counsel may name
the Architect of the Capitol in the citation or notification
as an additional respondent.
(3) Hearings, review; authorities of the board.--For
purposes of this section and except as otherwise provided in
this section, the Board shall exercise the authorities
granted to the Occupational Safety and Health Review
Commission in section 10(c) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 659(c)) and to the Secretary of
Labor (with respect to affirming or modifying abatement
requirements), to hear objections and requests with respect
to citations and notifications. The Board may refer disputed
matters under this paragraph to a hearing officer pursuant to
section 303, subject to review by the Board pursuant to
section 304.
(4) Variance procedures.--For the purposes of this section
and except as otherwise provided by this section, the Board
shall exercise the authorities granted to the Secretary of
Labor in section 6(b)(6) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655(b)(6)) to act on any
request by an employer applying for a temporary order
granting a variance from a standard. The Board may refer the
matter to a hearing officer pursuant to section 303, subject
to review by the Board pursuant to section 304.
(5) Judicial review.--The General Counsel, or an employing
office that is a respondent to a complaint and is aggrieved
by a final decision of the Board under paragraph (3) or (4),
may file a petition for review with the United States Court
of Appeals for the Federal Circuit pursuant to section 305.
(6) Procedures regarding claims of intimidation or
reprisal; authorities of general counsel.--
(A) Charge filed with general counsel.--Any employee who
believes that he or she has been discharged or otherwise
discriminated against in violation of section 11(c) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 660(c))
as made applicable by this section, may, within 30 days after
such violation occurs, file a charge with the Office alleging
such discrimination. The General Counsel shall investigate
the charge.
(B) Mediation.--If, upon investigation under subparagraph
(A), the General Counsel believes that a violation of section
11(c) of the Occupational Safety and Health Act may have
occurred, the General Counsel may request mediation under
section 302 between the charging employee and the employer
that is alleged to have committed the violation.
(C) Complaint, hearing, board review.--If mediation under
subparagraph (B) has not succeeded in resolving the dispute,
and if the General Counsel believes that a violation of
section 11(c) of the Occupational Safety and Health Act of
1970 has occurred, the General Counsel may file with the
Office a complaint against the employer. The complaint shall
be submitted to a hearing officer for decision pursuant to
section 303, subject to review by the Board pursuant to
section 304.
(D) Petition for review.--The charging employee or any
employing office respondent to the complaint, if aggrieved by
a final decision of the Board under this paragraph, may file
a petition for review with the United States Court of Appeals
for the Federal Circuit, pursuant to section 305.
(E) Relief.--Only a covered employee who has filed a charge
with the General Counsel under this paragraph may be granted
relief under this section.
(7) Exclusive procedures.--No covered employee or
representative of such employees may commence any
administrative or judicial proceeding to seek a remedy for a
violation of the rights and protections afforded in this
section except as provided in this subsection.
(d) Rules To Implement Section.--
(1) In general.--Not later than July 1, 1996, the Board
shall, pursuant to section 204, issue rules necessary to
implement the rights and protections under this section.
(2) Agency regulations.--The rules promulgated under
paragraph (1) shall be the same as standards and other
substantive regulations promulgated by the Secretary of Labor
to implement the statutory provisions referred to in
subsections (a) and (b) except to the extent that the Board
may determine, for good cause shown and stated together with
the rule, that a different rule would better serve the
purposes of such statutory provisions and of this Act.
(e) Effective Dates.--Subsections (a) through (c) shall be
effective on the effective date of the rules issued under
subsection (d) or on January 3, 1997, whichever is earlier;
except that subsections (a) and (b) shall be effective with
respect to the General Accounting Office and the Library of
Congress 1 year after the completion of the study under
section 112.
(f) Inspection; Report to Congress; Initial Study.--
(1) Inspections.--On a regular basis, and at least once
each Congress, the General Counsel shall inspect the
facilities of the House of Representatives, the Senate, the
Architect of the Capitol, the Congressional Budget Office,
the Office of Technology Assessment, and the Office of
Congressional Fair Employment Practices to ensure compliance
with subsection (a).
(2) Report.--On the basis of these inspections, the General
Counsel shall, at least once every Congress, prepare and
submit a report to the Speaker of the House of
Representatives and the President pro tempore of the Senate
containing the results of the inspection, describing any
steps necessary to correct any violations of this section,
assessing any risks to employee health and safety associated
with each violation, and the estimated cost and time needed
for abatement.
(3) Details.--The Secretary of Labor may, on request of the
Office, detail to the Office such personnel as may be
necessary to advise and assist the Office in carrying out its
duties under this section.
(4) Initial period for study and corrective action.--The
period from the date of enactment of this Act until January
3, 1997, shall be available to employing offices to identify
any violations of subsection (a), to determine the costs of
coming into compliance, and to take any necessary corrective
action to cure any violations. The Office shall assist
employing offices by arranging for inspections and other
technical assistance at their request. By July 1, 1996, the
General Counsel shall conduct a thorough inspection under
paragraph (1) and shall submit a report under paragraph (2).
SEC. 110. APPLICATION OF FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE; PROCEDURES FOR
IMPLEMENTATION AND ENFORCEMENT.
(a) Labor-Management Rights.--Subject to subsection (d),
the rights, protections, and responsibilities established
under sections 7102, 7103, 7106, 7111 through 7117, and 7119
through 7122 of title 5, United States Code, shall apply,
pursuant to this section, to employing offices and to covered
employees and representatives of those employees. For
purposes of the application under this section of the
sections referred to in the preceding sentence, the term
``agency'' shall be deemed to include an employing office.
(b) Authorities and Procedures for Implementation and
Enforcement.--
(1) General authorities of the board; petitions.--For
purposes of this section and except as otherwise provided in
this section, the Board shall exercise the authorities of the
Federal Labor Relations Authority under sections 7105, 7111
through 7113, 7115, 7117, 7118, and 7122 of title 5, United
States Code, and of the President under section 7103(b) of
title 5, United States Code. For purposes of this section,
any petition or other submission that, under chapter 71 of
title 5, United States Code, would be submitted to the
Federal Labor Relations Authority shall, if brought under
this section, be submitted to the Board. The Board may refer
any matter under this paragraph to a hearing officer for
decision pursuant to section 303, subject to review by the
Board pursuant to section 304. The Board may direct that the
General Counsel carry out the Board's investigative
authorities under this paragraph.
(2) General authorities of the general counsel; charges of
unfair labor practice.--For purposes of this section and
except as otherwise provided in this section, the General
Counsel shall exercise the authorities of the General Counsel
of the Federal Labor Relations Authority under sections 7104
and 7118 of title 5, United States Code. For purposes of this
section, any charge or other submission that, under chapter
71 of title 5, United States Code, would be submitted to the
General Counsel of the Federal Labor Relations Authority
shall, if brought under this section, be submitted to the
General Counsel. If any person charges an employing office or
a labor organization with having engaged in or engaging in an
unfair labor practice, the General Counsel shall investigate
the charge and may issue a complaint. The complaint shall be
submitted to a hearing officer for decision pursuant to
section 303, subject to review by the Board pursuant to
section 304.
(3) Exercise of impasses panel authority; requests.--For
purposes of this section and except as otherwise provided in
this section, the Board shall exercise the authorities of the
Federal Service Impasses Panel under section 7119 of title 5,
United States Code. For purposes of this section, any request
that, under chapter 71 of title 5, United States Code, would
be presented to the Federal Service Impasses Panel shall, if
made under this section, be presented to the Board. At the
request of the Board, the Director shall appoint a mediator
or mediators to perform the functions of the Federal Service
Impasses Panel under section 7119 of title 5, United States
Code.
(4) Judicial review.--Except for matters referred to in
paragraphs (1) and (2) of section 7123(a) of title 5, United
States Code, the charging individual or the entity or
entities respondent to the complaint, if aggrieved by a final
decision of the Board pursuant to this section may file a
petition for judicial review in the United States Court of
Appeals for the Federal Circuit pursuant to section 305.
[[Page S135]] (5) Exclusive procedures.--No covered
employee or representative of such employees may commence an
administrative or judicial proceeding to seek a remedy for
any violation of or to enforce any rights and protections
provided by this section except as provided in this
subsection.
(c) Rules To Implement Section.--
(1) In general.--Not later than January 3, 1996, except
with respect to the offices listed in subsection (d)(2), the
Board shall pursuant to section 204, issue rules necessary to
implement the rights and protections under this section.
(2) Agency regulations.--The rules promulgated under
paragraph (1) shall be the same as substantive regulations
promulgated by the Federal Labor Relations Authority to
implement the statutory provisions referred to in subsection
(a) except to the extent that as the Board may determine, for
good cause shown and stated together with the rule, that a
different rule would better serve the purposes of such
statutory provisions and of this Act.
(d) Rulemaking Regarding Application to Certain Offices and
Instrumentalities of Congress.--
(1) Rules required.--Not later than July 1, 1996, the Board
shall issue rules pursuant to section 204 on the manner and
extent to which the requirements and exemptions of chapter 71
of title 5, United States Code, should apply to covered
employees who are employed in the offices listed in paragraph
(2). In issuing such regulations, the Board shall, to the
greatest extent practicable, be consistent with the
provisions and purposes of chapter 71 of title 5, United
States Code, and regulations issued by the Federal Labor
Relations Authority under such chapter, and the purposes of
this Act, and shall also consider--
(A) the possibility of any conflict of interest or
appearance of a conflict of interest;
(B) national security; and
(C) Congress's constitutional responsibilities.
(2) Offices referred to.--The offices referred to in
paragraph (1) are--
(A) the personal office of any Member of the House of
Representatives or of any Senator;
(B) a standing, select, special, permanent, temporary, or
other committee of the Senate or House of Representatives, or
a joint committee of Congress;
(C) the Office of the Vice President (as President of the
Senate), the Office of the President pro tempore of the
Senate, the Office of the Majority Leader of the Senate, the
Office of the Minority Leader of the Senate, the Office of
the Majority Whip of the Senate, the Office of the Minority
Whip of the Senate, the Conference of the Majority of the
Senate, the Conference of the Minority of the Senate, the
Office of the Secretary of the Conference of the Majority of
the Senate, the Office of the Secretary of the Conference of
the Minority of the Senate, the Office of the Secretary for
the Majority of the Senate, the Office of the Secretary for
the Minority of the Senate, the Majority Policy Committee of
the Senate, the Minority Policy Committee of the Senate, and
the following offices within the Office of the Secretary of
the Senate: Offices of the Parliamentarian, Bill Clerk,
Legislative Clerk, Journal Clerk, Executive Clerk, Enrolling
Clerk, and Official Reporter of Debate, Daily Digest,
Printing Services, Captioning Services, and Senate Chief
Counsel for Employment.
(D) the office of the Speaker of the House of
Representatives, the Office of the Majority Leader of the
House of Representatives, the Office of the Minority Leader
of the House of Representatives, the Offices of the Chief
Deputy Majority Whips, the Offices of the Chief Deputy
Minority Whips and the following offices within the Office of
the Clerk of the House of Representatives: Offices of
Legislative Operations, Official Reporters of Debate,
Official Reporters to Committees, Printing Services, and
Legislative Information;
(E) the Office of the Legislative Counsel of the Senate,
the Office of the Senate Legal Counsel, the Office of the
Legislative Counsel of the House of Representatives, the
Office of the General Counsel of the House of
Representatives, the Office of the Parliamentarian of the
House of Representatives;
(F) the offices of any caucus or party organization; and
(G) the Congressional Budget Office, the Office of
Technology Assessment, and the Office of Congressional Fair
Employment Practices.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
subsections (a) and (b) shall be effective on the effective
date of the rules issued under subsection (c), or on July 1,
1996, whichever is earlier.
(2) Certain offices.--With respect to the offices listed in
subsection (d)(2), to the covered employees of such offices,
and to representatives of such employees, subsections (a) and
(b) shall be effective on the effective date of rules issued
under subsection (d) and approved under section 204(d)(2).
SEC. 111. APPLICATION OF OTHER LAWS TO CONGRESS.
(A) Study and recommendations of board.--On December 31,
1996, and updated every 2 years thereafter, the Board shall
issue a report--
(1) reviewing whether, and to what degree, provisions of
Federal law and regulations relating to--
(A) the terms and conditions of employment (including
hiring, promotion and demotion, salary, wages, overtime
compensation, benefits, work assignments or reassignments,
termination, protection from discrimination in personnel
actions, health and safety of employees and family and
medical leave) of employees, and
(B) discrimination in the provision of (including access
to) public services and accommodations,
are applicable or inapplicable to officers and employees
within the legislative branch and to users of public services
and accommodations provided the legislative branch, and,
(2) stating recommendations of the Board as to whether such
provisions should be made applicable to the legislative
branch or should be otherwise modified.
Such recommendations shall be printed in the Congressional
Record, and such report shall be referred to the committees
of the House of Representatives and the Senate with
jurisdiction.
(b) Reports of Congressional Committees.--Each report
accompanying a bill or joint resolution of a public character
reported by a committee of the House of Representatives or
the Senate (except the Committee on Appropriations and the
Committee on the Budget of either House) shall--
(1) describe the manner in which the provisions of the bill
or joint resolution that apply to the Congress and to
congressional instrumentalities; or
(2) in the case of a provision not applicable to the
Congress and to congressional instrumentalities, include a
statement of the reasons the provision does not apply.
SEC. 112. STUDY AND RECOMMENDATIONS REGARDING GENERAL
ACCOUNTING OFFICE, GOVERNMENT PRINTING OFFICE,
AND LIBRARY OF CONGRESS.
(a) In General.--The Board shall undertake a study of--
(1) the application of the laws listed in subsection (b)
to--
(A) the General Accounting Office;
(B) the Government Printing Office;
(C) the Library of Congress; and
(D) any other entity in the legislative branch of the
Government not covered by all of the sections of this title;
and
(2) the regulations and procedures used by the
instrumentalities and other entities referred to in paragraph
(1) to apply and enforce such laws to themselves and their
employees.
(b) Applicable Statutes.--The study under this section
shall consider the application of the following laws:
(1) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), and related provisions of section 2302 of
title 5, United States Code.
(2) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.), and related provisions of section 2302
of title 5, United States Code.
(3) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), and related provisions of section 2302 of
title 5, United States Code.
(4) The Family and Medical Leave Act of 1993 (29 U.S.C.
2611 et seq.), and related provisions of sections 6381
through 6387 of title 5, United States Code.
(5) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.), and related provisions of sections 5541 through 5550a
of title 5, United States Code.
(6) The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.), and related provisions of section 7902
of title 5, United States Code.
(7) The Rehabilitation Act of 1973 (29 U.S.C. 501 et seq.).
(8) Chapter 71 of title 5, United States Code.
(9) The General Accounting Office Personnel Act of 1980 (31
U.S.C. subchapter III of chapter 7).
(10) The Employee Polygraph Protection Act of 1988 (29
U.S.C. et seq.).
(11) The Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2101 et seq.).
(12) Chapter 43 of title 38, United States Code (relating
to veterans' employment and reemployment).
(c) Contents of Study and Recommendations.--The study under
this section shall evaluate whether the rights, protections,
and procedures applicable to the congressional
instrumentalities and other entities referred to in
subsection (a) and their employees are at least as
comprehensive and effective as those required by this title
and title III, and shall include recommendations for any
improvements in such regulations and procedures and for any
legislation.
(d) Inspection of Facilities.--In preparation of the study
under this section, the General Counsel shall inspect the
facilities of the congressional instrumentalities and other
entities referred to in subsection (a) to determine the
extent of compliance with the requirements referred to in
paragraphs (3), (6), and (7) of subsection (b). The study
shall describe the results of the inspection, including any
steps necessary to correct any violations of these
requirements, and assessing any risks to employee health and
safety or any limitations in accessibility to and usability
by individuals with disabilities associated with each
violation, and the estimated cost and time needed for
abatement.
[[Page S136]] The Secretary of Labor, the Attorney General,
the Secretary of Transportation, and the Architectural and
Transportation Barriers Compliance Board may, on request of
the Office, detail to the Office such personnel as may be
necessary to advise and assist the Office in carrying out its
duties under this section.
(e) Deadline and Delivery of Study.--Not later than July 1,
1996, the Board shall prepare and complete the study and
recommendations required under this section and shall submit
the study and recommendations to the head of each
instrumentality or other entity considered by the study, and
to the Speaker of the House of Representatives and President
pro tempore of the Senate for referral to the appropriate
committees of the House of Representatives and of the Senate.
TITLE II--OFFICE OF CONGRESSIONAL FAIR EMPLOYMENT PRACTICES--
ESTABLISHMENT AND OPERATIONS
SEC. 201. ESTABLISHMENT OF OFFICE OF CONGRESSIONAL FAIR
EMPLOYMENT PRACTICES.
There is hereby established, as an independent office
within the legislative branch of the Government, the Office
of Congressional Fair Employment Practices.
SEC. 202. BOARD OF DIRECTORS.
(a) In General.--There shall be a Board of Directors of the
Office (the ``Board''), to be composed of 5 members.
(b) Appointment.--
(1) Two members by leaders of house of representatives.--
The Speaker of the House of Representatives shall appoint two
members, of whom--
(A) one shall be appointed in accordance with the
recommendation of the Majority Leader in consultation with
the Minority Leader; and
(B) one shall be appointed in accordance with the
recommendation of the Minority Leader in consultation with
the Majority Leader.
(2) Two members by leaders of senate.--The President pro
tempore of the Senate shall appoint two members, of whom--
(A) one shall be appointed in accordance with the
recommendation of the Majority Leader in consultation with
the Minority Leader; and
(B) one shall be appointed in accordance with the
recommendation of the Minority Leader in consultation with
the Majority Leader.
(3) Chair.--The Chair shall be appointed jointly by the
Speaker of the House of Representatives and the President pro
tempore of the Senate from among candidates jointly
recommended by the Majority Leaders and the Minority Leaders
of the House of Representatives and the Senate.
(c) Qualifications.--
(1) In general.--Selection and appointment of members shall
be without regard to political affiliation and solely on the
basis of fitness to perform the duties of the office.
(2) Specific qualifications.--Members shall have training
or experience in the application of the rights, protections,
and remedies under one or more of the statutes made
applicable by sections 101 through 107.
(3) Disqualifications.--No individual shall be eligible to
serve on the Board who--
(A) is a current or former Member of the House of
Representatives or a Senator;
(B) is, or has been within the 2 years prior to
appointment--
(i) an elected or appointed officer of the House of
Representatives or the Senate;
(ii) head of a congressional instrumentality referred to in
subparagraphs (C) through (F) of section 3(1) or paragraph
(1), (2), or (3) of section 110(a); or
(iii) a covered employee or otherwise an employee of an
instrumentality or other entity of the legislative branch; or
(C) during the period of service engages in, or is
otherwise employed in, lobbying of the Congress and who is
required under the Federal Regulation of Lobbying Act to
register with the Clerk of the House of Representatives or
the Secretary of the Senate.
(d) Time for Original Board Appointments.--All members
shall be appointed to the Board pursuant to subsection (b)
not later than 120 days after the date of enactment of this
Act.
(e) Appointments To Fill Vacancies on the Board.--Any
vacancy in the membership of the Board shall be filled in the
same manner as the original appointment for the vacant
position.
(f) Terms of Office for Board Members.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the term of appointment of each member of the Board
shall be 6 years. No member shall be appointed to more than 2
consecutive 6-year terms of office.
(2) Terms of office for original board appointments.--
(A) Two members through january 3, 1998.--The terms of the
members originally appointed pursuant to subsection (b)(1)
shall terminate at noon on January 3, 1998.
(B) Two members through january 3, 2000.--The terms of the
members originally appointed pursuant to subsection (b)(2)
shall terminate at noon on January 3, 2000.
(C) One member through january 3, 2002.--The term of the
Chair originally appointed shall terminate at noon on January
3, 2002.
(3) Terms of office for mid-term appointments to the
board.--An individual appointed to fill a vacancy occurring
before the expiration of a term of office shall be appointed
for the remainder of the term. However, if the unexpired part
of a term is less than one year, the individual may be
appointed for a 6-year term plus the unexpired part of the
term.
(4) Service after expiration of term.--A member may
continue to serve after the expiration of his or her term
until his successor has taken office, except that he or she
may not continue to serve for more than 1 year after the date
on which his or her term expired.
(g) Removal of Board Members.--
(1) In general.--The Speaker of the House of
Representatives and the President pro tempore of the Senate,
acting in accordance with the recommendation of any 3 of the
4 Majority Leaders and Minority Leaders of the two Houses of
Congress, may remove any member from the Board but only for--
(A) disability that substantially prevents the member from
carrying out the duties of such a member;
(B) incompetence;
(C) neglect of duty;
(D) malfeasance in office;
(E) a felony or conduct involving moral turpitude; or
(F) holding an office or employment or engaging in an
activity that disqualifies the individual from service as a
member of the Board under subsection (c)(3).
(2) Statement of reasons for removal.--In removing any
member from the Board, the Speaker of the House of
Representatives and the President pro tempore of the Senate
shall state in writing to the member being removed the
specific reasons for the removal.
(h) Responsibilities of Chair; Acting Chair.--The Chair
shall preside at all sessions of the Board and shall fulfill
the responsibilities of the Chair as specifically provided in
this Act. The Chair may designate any other member as Acting
Chair. During any period when the position of the Chair is
vacant, the other members shall, by majority vote, designate
any member as Acting Chair. The Acting Chair may act in the
place and stead of the Chair during his or her absence or
when the position of the Chair is vacant.
(i) Meetings.--The Board shall meet at least once annually.
(j) Quorum; Action by Majority Vote.--A quorum for the
transaction of business shall consist of at least 3 members
present. Each member, including the Chair, shall have one
vote. Actions of the Board shall be determined by a majority
vote of the members present. Any vacancy shall not affect the
power of the remaining members to fulfill the duties of the
Board, provided that a quorum is present. Nothing in this
subsection shall prohibit the Board from delegating the
authority of the Board to make an interlocutory decision to
one or more of the members of the Board.
(k) Compensation of Members.--Each member of the Board
other than the Chair shall be compensated at a rate equal to
the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of title 5, United States Code, for each day
(including travel time) during which such member is engaged
in the performance of the duties of the Board. The rate of
pay may be prorated based on the portion of the day during
which the member is engaged in the performance of Board
duties. The Chair shall be compensated in the same manner at
a rate equal to the daily equivalent of the annual rate of
basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(l) Travel Expenses.--Each member of the Board of Directors
shall receive travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, for each day the member is engaged in the performance
of duties away from the home or regular place of business of
the member.
(m) Congressional Oversight.--The Board and the Office
shall be subject to oversight by the Committee on Rules and
Administration and Committee on Governmental Affairs of the
Senate and the Committee on House Administration of the House
of Representatives. The Speaker of the House of
Representatives and the President pro tempore of the Senate
shall promptly refer to such committees copies of all general
notices of proposed rulemaking and final rules submitted
under section 204(d)(1) and any resolutions introduced with
respect to approval of such rules.
SEC. 203. OFFICERS, STAFF, AND OTHER PERSONNEL.
(a) Director.--
(1) In general.--
(A) In general.--The Chair, subject to the approval of the
Board, shall appoint and may remove a Director. Selection and
appointment of the Director shall be without regard to
political affiliation and solely on the basis of fitness to
perform the duties of the office.
(B) Disqualification.--No person described in section
202(c)(3), other than a member, officer, or employee of an
office of fair employment practices or a personnel appeals
board, may be appointed Director.
(2) Compensation.--The Chair may fix the compensation of
the Director. The rate of pay for the Director may not exceed
the annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of title 5, United
States Code.
(3) Duties.--The Director shall serve as the chief
operating officer of the Office. Except
[[Page S137]] as otherwise specified in this Act, the
Director shall carry out all of the responsibilities of the
Office under this Act.
(b) Deputy Directors.--
(1) In general.--The Chair, subject to the approval of the
Board, shall appoint and may remove a Deputy Director for the
Senate and a Deputy Director for the House of
Representatives. Selection and appointment of a Deputy
Director shall be without regard to political affiliation and
solely on the basis of fitness to perform the duties of the
office. The disqualifications in subsection (a)(1)(B) shall
apply to the appointment of a Deputy Director.
(2) Compensation.--The Chair may fix the compensation of a
Deputy Director. The rate of pay for a Deputy Director may
not exceed 96 percent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(3) Duties.--The Deputy Director for the Senate shall be
responsible for the development of rules under section
204(b)(2)(B)(i), and shall assume such other responsibilities
as may be delegated by the Director. The Deputy Director for
the House of Representatives shall be responsible for the
development of rules under section 204(b)(2)(B)(ii), and
shall assume such other responsibilities as may be delegated
by the Director.
(c) General Counsel.--
(1) In general.--The Chair, subject to the approval of the
Board, shall appoint and may remove a General Counsel.
Selection and appointment of the General Counsel shall be
without regard to political affiliation and solely on the
basis of fitness to perform the duties of the Office. The
disqualifications in subsection (a)(1)(B) shall apply to the
appointment of a General Counsel.
(2) Compensation.--The Chair may fix the compensation of
the General Counsel. The rate of pay for the General Counsel
may not exceed the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of title
5, United States Code.
(3) Duties.--The General Counsel shall--
(A) exercise the authorities and perform the duties of the
General Counsel as specified in this Act; and
(B) otherwise assist the Board and the Director in carrying
out their duties and powers.
(4) Attorneys in the office of the general counsel.--The
General Counsel shall appoint, and fix the compensation of,
and may remove, such additional attorneys as may be necessary
to enable the General Counsel to perform his or her duties.
(d) Other Staff.--The Director shall appoint, and fix the
compensation of, and may remove, such other additional staff,
including hearing officers, but not including attorneys
employed in the office of the General Counsel, as may be
necessary to enable the Office to perform its duties.
(e) Detailed Personnel.--The Director may, with the prior
consent of the Government department or agency concerned, use
on a reimbursable or nonreimbursable basis the services of
personnel of any such department or agency, including the
services of members or personnel of the General Accounting
Office Personnel Appeals Board.
(f) Consultants.--In carrying out the functions of the
Office, the Director may procure the temporary (not to exceed
1 year) or intermittent services of consultants.
SEC. 204. RULEMAKING BY THE OFFICE.
(a) Rules of the Office.--
(1) In general.--Not later than 180 days after the
appointment of a quorum of the Board, the Board shall issue
final rules of organization, procedures, and practice (within
the meaning of section 553(b)(A) of title 5, United States
Code), including rules on the procedures of the Board and
rules of procedure and practice for proceedings before
hearing officers and before the Board. Such rules may also
specify authorities and duties of the Director, the General
Counsel, and other personnel of the Office, consistent with
the authorities and duties granted and imposed under this
Act.
(2) Rulemaking procedure.--Rules under this subsection--
(A) shall be issued in accordance with subsection (c); and
(B) shall become effective immediately upon approval under
paragraph (3), except for rules of procedure and practice for
proceedings before hearing officers and before the Board,
which shall become effective 60 days after such approval.
(3) Approval.--Rules under this subsection shall be subject
to approval by Congress by concurrent resolution, pursuant to
subsection (d).
(b) Rules Other Than Rules of the Office.--
(1) In general.--The Board shall adopt such rules other
than rules of the Office issued under subsection (a) as the
Board may determine are necessary.
(2) Rulemaking procedure.--Rules under this subsection--
(A) shall be issued in accordance with subsection (c);
(B) shall consist of three separate bodies of rules, which
shall apply, respectively, to--
(i) the Senate and employees of the Senate other than
employees referred to in clause (iii);
(ii) the House of Representatives and employees of the
House of Representatives other than employees referred to in
clause (iii); and
(iii) the Architect of the Capitol, the Congressional
Budget Office, the Office of Technology Assessment, the
Office, and employees of these congressional
instrumentalities; the Capitol Police and members of the
Capitol Police; and other work units and members of other
work units (other than joint committees of the Congress) that
include employees of the Senate and of the House of
Representatives under the same management; and
(C) shall become effective not less than 60 days after the
rules are approved under paragraph (3), except as may be
otherwise provided by the Board for good cause found (within
the meaning of section 553(d)(3) of title 5, United States
Code) and published with the rule.
(3) Approval.--Rules referred to in paragraph (2)(B)(i) may
be approved by the Senate by resolution or by the Congress by
joint resolution or statute. Rules referred to in paragraph
(2)(B)(ii) may be approved by the House of Representatives by
resolution or by the Congress by joint resolution or statute.
Rules referred to in paragraph (2)(B)(iii) may be approved by
Congress by concurrent resolution or by joint resolution or
statute. Rules approved by joint resolutions or statute shall
have the force and effect of law. Approval referred to in
this paragraph shall be pursuant to subsection (d).
(c) Publication and Issuance.--
(1) Rulemaking procedure.--The Board shall issue rules
described in subsections (a) and (b) in accordance with the
principles and procedures set forth in section 553 of title
5, United States Code. The Board shall publish a general
notice of proposed rulemaking under section 553(b) of title
5, United States Code, but, instead of publication of a
general notice of proposed rulemaking in the Federal
Register, the Board shall transmit such notice to the Speaker
of the House of Representatives and the President pro tempore
of the Senate for publication in the Congressional Record on
the first day on which both Houses are in session following
such transmittal. Prior to issuing rules, the Board shall
provide a comment period of at least 30 days after
publication of a general notice of proposed rulemaking. Upon
issuing final rules, the Board shall transmit notice of such
action together with a copy of such rules to the Speaker of
the House of Representatives and the President pro tempore of
the Senate for publication in the Congressional Record on the
first day on which both Houses are in session following such
transmittal. Rules shall be considered issued by the Board as
of the date on which they are published in the Congressional
Record.
(2) Recommendation as to method of approval.--The Board
shall include a recommendation in the general notice of
proposed rulemaking and in the final rules as to whether the
rules should be approved by resolution of the Senate, by
resolution of the House of Representatives, by concurrent
resolution, by joint resolution, or by statute.
(d) Approval of Rules.--
(1) One-house resolution or concurrent resolution.--In the
case of a concurrent resolution referred to in subsection
(a)(3), or a resolution of the House of Representatives, a
resolution of the Senate, or a concurrent resolution referred
to in subsection (b)(3), the matter after the resolving
clause shall be the following: ``The following rules issued
by the Office of Congressional Fair Employment Practices on
____ are hereby approved:'' (the blank spaces being
appropriately filled in, and the text of the rules being set
forth).
(2) Joint resolution or statute.--In the case of a joint
resolution referred to in subsection (b)(3), the matter after
the resolving clause shall be the following, and, in the case
of a statute referred to in subsection (b)(3), the matter
after the enacting clause shall include the following: ``The
following rules issued by the Office of Congressional Fair
Employment Practices on ____ are hereby approved and shall
have the force and effect of law:'' (the blank spaces being
appropriately filled in, and the text of the rules being set
forth).
(e) Referral.--Upon receipt of a notice of issuance of
final rules under subsection (c), the Speaker of the House of
Representatives and the President pro tempore of the Senate
shall refer such notice, together with a copy of such rules,
to the appropriate committee or committees of the House of
Representatives and of the Senate. The purpose of the
referral shall be to consider whether such rules should be
approved, and, if so, whether such approval should be by
resolution of the House of Representatives or of the Senate,
by concurrent resolution, by joint resolution, or by statute.
(f) Joint Referral and Discharge in the Senate.--The
President pro tempore of the Senate may refer the notice of
issuance of final rules, or any resolution of approval of
final rules, to one committee or jointly to more than one
committee. If a committee of the Senate acts to report a
jointly referred measure, any other committee of the Senate
must act within 30 calendar days of continuous session, or be
automatically discharged.
(g) Amendment of Rules.--Rules may be amended in the same
manner as is described in this section for the adoption of
rules, except that the Board may, in its discretion, dispense
with publication of a general notice of proposed rulemaking
of minor, technical, or urgent amendments that satisfy the
criteria for dispensing with publication of such notice
pursuant to section 553(b)(3)(B) of title 5, United States
Code.
(h) Right To Petition for Rulemaking.--Any interested party
may petition to the
[[Page S138]] Board for the issuance, amendment, or repeal
of a rule.
(i) Application of Executive Agency Regulations by
Reference.--The Board may, by specific reference in rules
issued under this section, apply regulations issued by any
Executive agency (within the meaning of section 105 of title
5, United States Code).
(j) Consultation.--The Director and the Board--
(1) shall consult, with regard to the development and
issuance of rules, with--
(A) the Chairman of the Administrative Conference of the
United States;
(B) the Secretary of Labor;
(C) the Federal Labor Relations Authority; and
(D) the Director of the Office of Personnel Management; and
(2) may consult with any other persons with whom
consultation, in the opinion of the Board or the Director,
may be helpful.
SEC. 205. INFORMATION PROGRAM.
The Board shall conduct an information program to inform
Members of the House of Representatives, Senators, elected
officers of either House, heads of employing offices, and
covered employees about the provisions made applicable to
them under this Act.
SEC. 206. DATA COLLECTION AND REPORT.
The Director shall compile and annually publish statistics
with respect to contacts and complaints filed with the Office
under this Act. Such statistics shall include the total
numbers of contacts and complaints, and a breakdown
regarding--
(1) the kinds of allegations made in contacts with the
Office and complaints filed with the Office;
(2) the time required by the Office to conduct proceedings
and resolve various types of matters;
(3) the number of complaints resolved by settlement, by
decision under section 303, or by withdrawal of the
complaint; and
(4) for each category of allegation, the amounts of
monetary compensation granted in settlements and awards.
SEC. 207. EXPENSES OF THE OFFICE.
(a) Authorization of Appropriations.--Beginning in fiscal
year 1995, and for each fiscal year thereafter, there are
authorized to be appropriated for the expenses of the Office
such sums as may be necessary to carry out the functions of
the Office. Until sums are first appropriated pursuant to the
preceding sentence, but for a period not exceeding 12 months
following the date of enactment of this Act, the expenses of
the Office shall be paid from the contingent fund of the
Senate, of which 50 percent shall be reimbursed from the
contingent fund of the House, upon vouchers approved by the
Director.
(b) Witness Fees and Allowances.--Except for covered
employees, witnesses before a hearing officer or the Board in
any proceeding under title I other than rulemaking shall be
paid the same fee and mileage allowances as are paid
subpoenaed witnesses in the courts of the United States.
Covered employees who are summoned, or are assigned by their
employer, to testify in their official capacity or to produce
official records before a mediator, hearing officer, or the
Board in any proceeding under this Act shall be entitled to
travel expenses under subchapter I and section 5751 of
chapter 57 of title 5, United States Code.
TITLE III--ADMINISTRATIVE AND JUDICIAL
DISPUTE-RESOLUTION PROCEDURES
SEC. 301. COUNSELING.
(a) Initiation.--Any employee referred to in section 107(1)
may, within the time specified in section 307, request
counseling.
(b) Purpose.--The Office shall provide the employee with
all relevant information with respect to the rights and
remedies as provided under this Act and shall provide an
opportunity for discussion, evaluation, and guidance to
assist the employee in evaluating and resolving the matter.
(c) Period of Counseling.--The period for counseling shall
begin on the date on which the request for counseling is
received and shall be 30 days unless the employee and the
Office agree to reduce the period.
(d) Notification of End of Counseling Period.--The Office
shall notify the employee in writing when the counseling
period has ended.
(e) Employees of the Architect of the Capitol and Capitol
Police.--In the case of an employee of the Architect of the
Capitol or an employee who is a member of the Capitol Police,
the Director may refer the employee to the Architect of the
Capitol or the Capitol Police Board for resolution of the
employee's grievance through internal grievance procedures of
the Architect of the Capitol or the Capitol Police Board for
a specific period of time, which shall not count against the
time available for counseling or mediation under this Act.
SEC. 302. MEDIATION.
(a) Applicability.--Except as otherwise expressly provided
in this Act, the provisions of this section shall govern all
mediation conducted by the Office pursuant to this Act.
(b) Initiation.--Not later than 15 days after the Office
notifies an employee of the end of the counseling period
under section 301(d), the employee may file a request for
mediation with the Office. Mediation may also be initiated
pursuant to sections 108(d)(2) and 109(c)(5).
(c) Mediation Process.--The Director shall specify one or
more individuals to mediate any dispute. In identifying
individuals to mediate, the Director shall consider
individuals who are recommended to the Director by the
Federal Mediation and Conciliation Service, the
Administrative Conference of the United States, or other
appropriate organizations.
(d) Mediation Period.--
(1) In general.--The mediation period shall be 30 days,
beginning on the date the request for mediation is received
by the Office.
(2) Extension.--The mediation period may be extended for
additional periods at the joint request of the employee and
the employing office.
(e) Notification of End of Mediation Period.--The Office
shall notify the employee and the head of the employing
office in writing when the mediation period has ended.
(f) Independence of Mediation Process.--No individual
appointed by the Director to mediate or to be a factfinder in
aid of the mediator may conduct or aid in the hearing
conducted under section 303 with respect to the same matter
or shall be subject to subpoena or any other compulsory
process with respect to the same matter.
SEC. 303. COMPLAINT AND HEARING.
(a) Applicability.--Except as otherwise expressly provided
in this Act, the provisions of this section shall govern all
hearings conducted by a hearing officer pursuant to this Act.
(b) Complaint.--Any complaint shall be filed with the
Office against the employing office. Any complaint required
by this Act to be preceded by counseling and mediation may
not be filed unless the employee has made a timely request
for counseling and has completed the procedures set forth in
sections 301 and 302.
(c) Hearing Officer.--Upon the filing of a complaint, the
Director shall appoint an independent hearing officer to
consider the complaint and render a decision. No Member of
the House of Representatives, Senator, officer of either the
House of Representatives or the Senate, head of an employing
office, member of the Board, or covered employee may be
appointed to be a hearing officer under this Act. The
Director shall develop master lists, composed of members of
the bar of a State or the District of Columbia and retired
judges of the United States courts, experienced in
adjudicating and arbitrating the kinds of personnel and other
matters for which hearings may be held under this Act, and
individuals expert in technical matters relating to
accessibility and usability by persons with disabilities or
technical matters relating to occupational safety and health,
after considering candidates recommended to the Director by
the Federal Mediation and Conciliation Service, the
Administrative Conference of the United States, or
organizations composed primarily of individuals experienced
in adjudicating or arbitrating such matters. The Director
shall select hearing officers on a rotational or random basis
from these lists. Nothing in this section shall prevent the
appointment of hearing officers as full-time employees of the
Office, or the selection of hearing officers on the basis of
specialized expertise needed for particular matters.
(d) Hearing.--Unless a complaint is dismissed prior to
hearing, a hearing shall be conducted--
(1) on the record by the hearing officer;
(2) as expeditiously as practical, commencing not later
than 90 days after the filing of the complaint; and
(3) except as specifically provided in this Act and to the
greatest extent practicable, in accordance with the
principles and procedures set forth in sections 554 through
557 of title 5, United States Code.
(e) Discovery.--Reasonable prehearing discovery may be
permitted at the discretion of the hearing officer.
(f) Subpoenas.--
(1) In general.--At the request of a party, a hearing
officer may issue subpoenas for the attendance of witnesses
and for the production of correspondence, books, papers,
documents, and other records. The attendance of witnesses and
the production of records may be required from any place
within the United States. Subpoenas shall be served in the
manner provided under rule 45(b) of the Federal Rules of
Civil Procedure.
(2) Objections.--If a person refuses, on the basis of
relevance, privilege, or other objection, to testify in
response to a question or to produce records in connection
with a proceeding before a hearing officer, the hearing
officer shall rule on the objection. At the request of the
witness or any party, the hearing officer shall (or on the
hearing officer's own initiative, the hearing officer may)
refer the ruling to the Board for review.
(3) Enforcement.--
(A) In general.--If a person fails to comply with a
subpoena, the Board may authorize the General Counsel to
apply to an appropriate United States district court for an
order requiring that person to appear before the hearing
officer to give testimony or produce records. The application
may be made within the judicial district where the hearing is
conducted or where that person is found, resides, or
transacts business. Any failure to obey a lawful order of the
district court issued pursuant to this section may be held by
such court to be a civil contempt thereof.
(B) Service of process.--Process in an action or contempt
proceeding pursuant to subparagraph (A) may be served in any
judicial district in which the person refusing or failing to
comply, or threatening to refuse or
[[Page S139]] not to comply, resides, transacts business, or
may be found, and subpoenas for witnesses who are required to
attend such proceedings may run into any other district.
(g) Decision.--The hearing officer shall issue a written
decision as expeditiously as possible, but in no case more
than 60 days after the conclusion of the hearing. The written
decision shall be transmitted by the Office to the parties.
The decision shall state the issues raised in the complaint,
describe the evidence in the record, contain findings of fact
and conclusions of law, contain a determination of whether a
violation has occurred, and order such remedies as are
appropriate pursuant to title I. The decision shall be
entered in the records of the Office as a final decision of
the hearing officer.
(h) Precedents.--A hearing officer who conducts a hearing
under this section shall be guided by judicial decisions
under the statutes made applicable by title I and by Board
decisions under this Act.
SEC. 304. APPEAL TO THE BOARD.
(a) In General.--In any case in which a final decision by a
hearing officer is subject to review by the Board, the party
seeking such review shall file a petition for review not
later than 30 days after notice of the entry of the decision
in the records of the Office under section 303(g).
(b) Parties' Opportunity To Submit Argument.--The parties
shall have a reasonable opportunity to be heard, through
written submission and, in the discretion of the Board,
through oral argument.
(c) Standard of Review.--The Board shall set aside a
decision of a hearing officer if the Board determines that
the decision was--
(1) arbitrary, capricious, an abuse of discretion, or
otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
(d) Record.--In making determinations under subsection (c),
the Board shall review the whole record, or those parts of it
cited by a party, and due account shall be taken of the rule
of prejudicial error. The record on review shall include the
record before the hearing officer and the decision of the
hearing officer.
(e) Decision.--The Board shall issue a written decision
setting forth the reasons for its decision. The decision may
affirm, reverse, or remand to the hearing officer for further
proceedings. A decision that does not require further
proceedings before a hearing officer shall be entered in the
records of the Office as a final decision.
SEC. 305. JUDICIAL REVIEW OF A FINAL DECISION AND
ENFORCEMENT.
(a) Jurisdiction.--
(1) Judicial review.--This section applies to petitions
under section 107(5), 108(d)(4), 109(c)(5), 109(c)(6), or
110(b)(4) for judicial review of a final decision of the
Board in the United States Court of Appeals for the Federal
Circuit, which shall have exclusive jurisdiction to set
aside, suspend (in whole or in part), to determine the
validity of, or otherwise review the decision of the Board.
(2) Enforcement.--The Court of Appeals for The Federal
Circuit shall have jurisdiction over any petition of the
General Counsel, filed in the name of the Office and at the
direction of the Board, to enforce a final decision under
section 303 or 304 with respect to a violation of sections
101 through 111.
(b) Procedures.--
(1) Petition.--The petition for review shall be filed,
pursuant to Rule 15 of the Federal Rules of Appellate
Procedure, not later than 90 days after the entry in the
Office of a final decision under section 304(e). Such
petition shall be subject to Rules 15 through 20 of the
Federal Rules of Appellate Procedure, relating to review of
administrative orders and the Office shall be the ``agency''
as that term is used in such rules. The petitioner shall
attach to the petition as an exhibit a copy of the final
decision of the Office entered under section 304(e).
(2) Respondents.--In any appeal under this section, any
party before the Board may be named respondent by filing a
notice of election with the Court within 30 days after the
petition was served, and the Office shall also be named
respondent.
(3) Intervention.--In any action under this section with
respect to an employing office or other office of the Senate
or a joint committee of the Congress, the Senate shall be
entitled to intervene as of right; and, in any action under
this section with respect to an employing office or other
office of the House of Representatives or a joint committee
of the Congress, the House of Representatives shall be
entitled to intervene as of right. Any party that
participated in the proceedings before the Board and that was
not made respondent may intervene as of right.
(c) Standard of Review.--To the extent necessary to
decision and when presented, the court shall decide all
relevant questions of law and interpret constitutional and
statutory provisions. The court shall set aside a final
decision of the Board under section 304 if it determines that
the decision was--
(1) arbitrary, capricious, an abuse of discretion, or
otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
(d) Record.--In making determinations under subsection (d),
the court shall review the whole record, or those parts of it
cited by a party, and due account shall be taken of the rule
of prejudicial error. The record on review shall include the
record before the Board and the decision of the Board.
SEC. 306. CIVIL ACTIONS.
(a) In General.--This section governs all civil actions
commenced pursuant to section 107(3)(B).
(b) Parties.--In any such action the defendant shall be the
employing office alleged to have committed the violation.
(c) Jury Trial.--Any party may demand a jury trial where a
jury trial would be available in an action against a private
defendant under the relevant statute made applicable by this
Act. In any case in which a violation of section 101 is
alleged, the court shall not inform the jury of the maximum
amount of compensatory damages available under section
101(b)(1).
(d) Intervention of Right.--In any action under this
section with respect to an employing office or other office
of the Senate, the Senate shall be entitled to intervene as
of right; and, in any action under this section with respect
to an employing office or other office of the House of
Representatives, the House of Representatives shall be
entitled as of right.
SEC. 307. TIME LIMITATIONS.
(a) Counseling Requests.--A request for counseling shall be
made not later than--
(1) 180 days after the date of the alleged violation under
provisions of sections 101, 103, 104, 105, or 106 for which
the counseling is requested; or
(2) 2 years after the date of the alleged violation under
section 102 for which the counseling is requested, or 3 years
after an alleged willful violation under section 102.
(b) Charges Filed With the General Counsel.--Any charge of
a violation of section 108(d) or 109(c)(6) must be filed with
the General Counsel in writing by no later than 180 days
after the alleged violation.
SEC. 308. SETTLEMENT OF COMPLAINTS.
Any settlement entered into by the parties after a
complaint is filed under section 303 or 305 shall be in
writing and, in the case of a complaint filed under section
303, not become effective unless it is approved by the
Director. Nothing in this Act shall affect the power of the
Senate and the House of Representatives, respectively, to
establish rules governing the process by which a settlement
may be entered into by such House or by any employing office
of such House.
SEC. 309. CONFIDENTIALITY.
(a) Counseling.--All counseling conducted under this Act
shall be strictly confidential, except that the Office and
the employee may agree to notify the head of the employing
office of the allegations.
(b) Mediation.--All mediation conducted under this Act
shall be strictly confidential.
(c) Hearings.--Subject to the provisions of subsections
(d), (e), and (f) the hearings, deliberations, and decisions
of hearing officers and of the Board and of its officers and
employees on complaints, charges, proposed citations, and
other pleadings under this Act shall be strictly
confidential.
(d) Release of Records for Judicial Review and Enforcement
of Subpoenas.--The complete record of the proceedings before
the hearing officer and the Board, including their decisions,
may be made public for the purpose of judicial review under
section 305. As much of the record of the proceedings before
the hearing officer and the Board as may be necessary for the
purpose of enforcement of a subpoena under section 303(f) may
be made public for such purpose.
(e) Release of Records for Fairness to Parties.--Upon the
application of any party, the Board may disclose the final
decision of a hearing officer or of the Board upon a showing
of good cause and fairness to all parties to the proceeding.
SEC. 310. DISCLOSURE TO COMMITTEES OF CONGRESS.
(a) The Board--
(1) may, at its discretion, provide to the Committee on
Standards of Official Conduct of the House of Representatives
or the Select Committee on Ethics of the Senate; and
(2) shall, at the request of either of such committees;
provide to such committee the record of a hearing and the
decision of the hearing officer, and the record of
consideration and the decision of the Board on appeal, after
completion of procedures described in sections 303 and 304.
(b) All members and staff of the Committee on Standards of
Official Conduct of the House of Representatives and of the
Select Committee on Ethics of the Senate shall keep all
records and decisions provided under subsection (a) strictly
confidentially unless and until such records and decisions
are final made public by the Board. Any violation of this
subsection shall be a violation of the rules of the House of
Representatives or of the Senate.
SEC. 311. REPRESENTATION.
(a) Complainant.--A covered employee or other complainant
is entitled to be assisted by counsel or other representative
at any stage of any proceeding administered by the Office,
including the proceedings under sections 301, 302, 303, and
304.
(b) Employing Offices of the Senate.--The Senate Chief
Counsel for Employment may represent any employing office of
the Senate, with the consent of the employing office, in any
administrative and judicial proceeding under this Act.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. EXERCISE OF RULEMAKING POWERS.
The provisions of sections 204 (e) and (f), 311(b), 401,
and 408 are enacted--
[[Page S140]] (1) as an exercise of the rulemaking power of
the House of Representatives and the Senate, respectively,
and as such they shall be considered as part of the rules of
such House, respectively, and such rules shall supersede
other rules only to the extent that they are inconsistent
therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same
extent as in the case of any other rule of each House.
SEC. 402. SETTLEMENT AND AWARDS RESERVES; AUTHORIZATION OF
APPROPRIATIONS.
(a) For the House of Representatives.--
(1) Establishment of account.--There is established in the
Contingent Fund of the House of Representatives a
``Settlements and Awards Reserve'' appropriation account--
(A) into which shall be deposited appropriated funds and
amounts transferred by the Clerk of the House of
Representatives from funds available to the Clerk for
disbursement by the Clerk; and
(B) that shall be available as provided in paragraph (2).
(2) Payments.--The appropriation account established by
paragraph (1) shall be available for the payment of awards
under sections 303 through 306 and agreements under section
308.
(b) For the Senate.--
(1) Establishment of account.--There is established in the
Contingent Fund of the Senate a ``Settlements and Awards
Reserve'' appropriation account--
(A) into which shall be deposited appropriated funds and
amounts transferred by the Secretary of the Senate from funds
available to the Secretary for disbursement by the Secretary;
and
(B) that shall be available as provided in paragraph (2).
(2) Payments.--The appropriation account established by
paragraph (1) shall be available for the payment of awards
under sections 303 through 306 and agreements under section
308.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary for the
purposes of subsections (a)(2) and (b)(2), and otherwise for
the purposes of payment of awards under sections 303 through
306 and agreements under section 308. No amounts shall be
paid for awards or agreements under this Act out of the
Claims and Judgment Fund of the Treasury.
SEC. 403. OTHER JUDICIAL REVIEW PROHIBITED.
Except in proceedings expressly authorized by sections 305
and 306, the compliance or noncompliance with the provisions
of this Act and any action taken pursuant to this Act shall
not be subject to judicial review.
SEC. 404. PRIVILEGES AND IMMUNITIES.
(a) In General.--The authorization to bring judicial
actions under sections 305 and 306 shall not constitute a
waiver of sovereign immunity for any other purpose, or of the
privileges of any Senator or Member of the House of
Representatives under article I, section 6, clause 1, of the
Constitution, or a waiver of any power of either the Senate
or the House of Representatives under the Constitution or
under the rules of such House relating to records and
information within the jurisdiction of such House.
SEC. 405. SEVERABILITY.
If any provision of this Act or the application of such
provision to any person or circumstance is held to be
invalid, the remainder of this Act and the application of the
provisions of such to any person or circumstance shall not be
affected thereby.
SEC. 406. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.
(a) In General.--It shall not be a violation of any
provision of section 101 to consider the--
(1) party affiliation;
(2) domicile; or
(3) political compatibility with the employing office;
of an employee referred to in subsection (b) with respect to
employment decisions.
(b) Definition.--For purposes of subsection (a), the term
``employee'' means--
(1) an employee on the staff of the leadership of the House
of Representatives or the leadership of the Senate;
(2) an employee on the staff of a committee or subcommittee
of--
(A) the House of Representatives;
(B) the Senate; or
(C) a joint committee of the Congress;
(3) an employee on the staff of a Member of the House of
Representatives or on the staff of a Senator;
(4) an officer of the House of Representatives or the
Senate or a congressional employee who is elected by the
House of Representatives or Senate or is appointed by a
Member of the House of Representatives or by a Senator (in
addition an employee described in paragraph (1), (2), or
(3)); or
(5) an applicant for a position that is to be occupied by
an individual described in any of paragraphs (1) through (4).
SEC. 407. NONDISCRIMINATION RULES OF THE HOUSE AND SENATE.
The Select Committee on Ethics of the Senate and the
Committee on Standards of Official Conduct of the House of
Representatives retain full power, in accordance with the
authority provided to them by the Senate and the House, with
respect to the discipline of Members, officers, and employees
for violating rules of the Senate and the House on
nondiscrimination in employment.
SEC. 408. EXPEDITED REVIEW OF CERTAIN APPEALS.
(a) In General.--An appeal may be taken directly to the
Supreme Court of the United States from any interlocutory or
final judgment, decree, or order of a court upon the
constitutionality of any provision of this Act.
(b) Jurisdiction.--The Supreme Court shall, if it has not
previously ruled on the question, accept jurisdiction over
the appeal referred to in paragraph (1), advance the appeal
on the docket and expedite the appeal to the greatest extent
possible.
SEC. 409. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Civil Rights Remedies.--
(1) Sections 301 and 302 of the Government Employee Rights
Act of 1991 (2 U.S.C. 1201 and 1202) are amended to read as
follows:
``SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991.
``(a) Short Title.--This title may be cited as the
`Government Employee Rights Act of 1991'.
``(b) Purpose.--The purpose of this title is to provide
procedures to protect the rights of certain government
employees, with respect to their public employment, to be
free of discrimination on the basis of race, color, religion,
sex, national origin, age, or disability.
``(c) Definition.--For purposes of this title, the term
`violation' means a practice that violates section 302(a) of
this title.
``SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED.
``(a) Practices.--All personnel actions affecting the
appointees described in section 303(a)(1) or the individuals
described in section 304(a) shall be made free from any
discrimination based on--
``(1) race, color, religion, sex, or national origin,
within the meaning of section 717 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-16);
``(2) age, within the meaning of section 15 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
``(3) handicap or disability, within the meaning of section
501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and
sections 102 through 104 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12112-14).
``(b) Remedies.--The remedies referred to in sections
303(a)(1) and 304(a)--
``(1) may include, in the case of a determination that a
violation of subsection (a)(1) has occurred, such remedies as
would be appropriate if awarded under sections 706(g),
706(k), and 717(d) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-5(g), 2000e-5(k), 2000e-16(d)), and such compensatory
damages (not exceeding, for each complaining party, and
irrespective of the size of the employing office or agency
involved, the maximum amount available under section
1977A(b)(3)(D) of the Revised Statutes (42 U.S.C.
1981a(b)(3)(D)) as would be appropriate if awarded under
section 1977 and sections 1977(A) (a) and (b)(2) of the
Revised Statutes (42 U.S.C. 1981 and 1981a (a) and (b)(2));
``(2) may include, in the case of a determination that a
violation of subsection (a)(2) has occurred, such remedies as
would be appropriate if awarded under section 15(c) of the
Age Discrimination in Employment Act of 1967 (29 U.S.C.
633a(c));
``(3) may include, in the case of a determination that a
violation of subsection (a)(3) has occurred, such remedies as
would be appropriate if awarded under section 505(a) of the
Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)) or section
107 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12117(a)); and
``(4) may not include punitive damages.''.
(2) Sections 303 through 319, and sections 322, 324, and
325 of the Civil Rights Act of 1991 (2 U.S.C. 1203--1218,
1221, 1223, and 1224) are repealed effective October 1, 1995,
except as provided in section 411.
(3) Sections 320 and 321 of the Civil Rights Act of 1991 (2
U.S.C. 1219 and 1220) are redesignated as sections 303 and
304, respectively.
(4) Sections 303 and 304 of the Civil Rights Act of 1991,
as so redesignated, are each amended by striking ``and 307(h)
of this title''.
(5) Section 1205 of the Supplemental Appropriations Act of
1993 (2 U.S.C. 1207a) is repealed effective October 1, 1995,
except as provided in section 411.
(b) Family and Medical Leave Act of 1993.--Section 501 of
the Family and Medical Leave Act of 1993 (2 U.S.C. 60m) is
repealed effective October 1, 1995, except as provided in
section 411.
(c) Architect of the Capitol.--
(1) Repeal.--Section 312(e) of the Architect of the Capitol
Human Resources Act (Public Law 103-283; 108 Stat. 1444) is
repealed effective October 1, 1995, except as provided in
section 411.
(2) Application of general accounting office personnel act
of 1980.--The provisions of sections 751, 753, and 755 of
title 31, United States Code, amended by section 312(e) of
the Architect of the Capitol Human Resources Act, shall be
applied and administered as if such section 312(e) (and the
amendments made by such section) had not been enacted.
SEC. 410. SAVINGS PROVISION.
(a) Transition Provisions for Employees of the House of
Representatives and of the Senate.--
(1) Claims not filed prior to effective date.--If, as of
the date on which sections 101 and 102 take effect, an
employee could have initiated a request for counseling under
[[Page S141]] section 305 of the Government Employees Rights
Act (2 U.S.C. 1205) or rule LI of the House of
Representatives, the employee may, on or after the date on
which sections 101 and 102 take effect, request counseling
pursuant to section 107(1), and seek relief pursuant to
section 107. Such a request for counseling must be initiated
on or before the last day on which a request for counseling
could have been made, in the case of an employee of the
Senate, under section 305 of the Government Employees Rights
Act or section 501(d) of the Family and Medical Leave Act of
1993, or, in the case of an employee of the House of
Representatives, under rule LI of the House of
Representatives, had those provisions remained in effect. If
the Office is not yet established to receive such a request
for counseling, the time for initiating such a request shall
be extended until 30 days after the Office begins accepting
such requests. All procedures and remedies under this Act
with respect to alleged violations under section 101, except
for civil actions under section 107(3)(B), shall be available
to the same extent as if such alleged violations had occurred
on or after the date on which sections 101 and 102 take
effect.
(2) Claims filed prior to effective date.--If, as of the
date on which sections 101 and 102 take effect, an employee
to whom those sections apply--
(A) has requested counseling pursuant to the Government
Employees Rights Act of 1991 or rule LI of the House of
Representatives--
(i) if the counseling period has not ended--
(I) the authority of such Act or rule shall continue with
respect to that request for counseling, until the end of the
counseling period; and
(II) if the employee completes the counseling, the employee
shall be deemed to have complied with the requirements of
section 301, and any further proceedings shall be under this
Act, except that the right to bring a civil action under
section 107(3)(B) shall not be available; and
(ii) if the counseling period has ended and the employee
would otherwise have been eligible to request mediation
pursuant to the Government Employee Rights Act of 1991 or
rule LI of the House of Representatives, the employee shall
be deemed to have complied with the requirements of section
301, and any further proceedings shall be under this Act;
(B) has requested mediation pursuant to the Government
Employee Rights Act of 1991 or rule LI of the House of
Representatives--
(i) if the mediation period has not ended--
(I) the authority of such Act shall continue with respect
to the request for mediation, until the end of the mediation
period; and
(II) if the employee completes the mediation, the employee
shall be deemed to have complied with the requirements of
section 302, and any further proceedings shall be under this
Act, except that the right to bring a civil action under
section 107(3)(B) shall not be available; and
(ii) if the mediation period has ended and the employee
would otherwise have been eligible to file a complaint
pursuant to the Government Employee Rights Act of 1991 or
rule LI of the House of Representatives, the employee shall
be deemed to have complied with the requirements of section
302, and any further proceedings shall be under this Act; or
(C) has filed a complaint pursuant to the Government
Employee Rights Act of 1991 or rule LI of the House of
Representatives, the authority of such Act or rule shall
continue with respect to that complaint until the conclusion
of all proceedings authorized under such Act or rule.
(c) Architect of the Capitol Transition Provisions.--
(1) Claims not filed prior to effective date.--If, as of
the date on which section 101 takes effect, an employee of
the Architect of the Capitol could have filed a complaint
regarding an alleged violation of section 312(e)(2) of the
Architect of the Capitol Human Resources Act (P.L. 103-323)
with the Architect of the Capitol in accordance with
requirements prescribed by the Architect of the Capitol, the
employee may request counseling pursuant to section 107(1),
and seek relief pursuant to section 107. Such a request for
counseling must be initiated on or before the latest of--
(A) 60 days following the date on which section 101 takes
effect;
(B) 30 days after the Office begins accepting such
requests; or
(C) 180 days after the date of the alleged violation
forming the basis of the request for counseling.
All procedures and remedies under this Act with respect to
alleged violations under section 101, except for civil
actions under section 107(3)(B), shall be available to the
same extent as if such alleged violations had occurred on or
after the date on which section 101 takes effect.
(2) Complaints filed with the architect prior to effective
date.--If, on the date on which section 101 takes effect, an
employee of the Architect of the Capitol has filed a
complaint with the Architect of the Capitol alleging a
violation of section 312(e)(2) of the Architect of the
Capitol Human Resources Act, but the employee has not yet
filed a charge with the General Accounting Office Personnel
Appeals Board and the time for filing such a charge has not
expired, the employee may, within the later of 30 days after
the date on which section 101 takes effect or 30 days after
the date on which the Office first begins accepting such
requests, file a request for counseling request counseling
pursuant to section 107(1), and seek relief pursuant to
section 107. All procedures and remedies under this Act with
respect to alleged violations under section 101, except for
civil actions under section 107(3)(B), shall be available to
the same extent as if such alleged violations had occurred on
or after the date on which section 101 takes effect.
(3) Complaints filed with the gao personnel appeals board
prior to effective date.--If, as of the date on which section
101 takes effect, an employee of the Architect of the Capitol
has filed a charge with the General Accounting Office
Personnel Appeals Board pursuant to section 312(e)(3)(A) of
the Architect of the Capitol Human Resources Act (P.L. 103-
283), then, notwithstanding any other provision of this Act,
the authority of the Architect of the Capitol Human Resources
Act, and of the General Accounting Office Personnel Act of
1980 as amended by the Architect of the Capitol Human
Resources Act of 1994 shall continue with respect to that
charge until the conclusion of all proceedings authorized
under such Acts, including judicial review.
DIVISION B--LOBBYING AND GIFT REFORM
TITLE I--LOBBYING REFORM
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Lobbying Disclosure Act of
1995''.
SEC. 1102. FINDINGS.
The Congress finds that--
(1) responsible representative Government requires public
awareness of the efforts of paid lobbyists to influence the
public decisionmaking process in both the legislative and
executive branches of the Federal Government;
(2) existing lobbying disclosure statutes have been
ineffective because of unclear statutory language, weak
administrative and enforcement provisions, and an absence of
clear guidance as to who is required to register and what
they are required to disclose; and
(3) the effective public disclosure of the identity and
extent of the efforts of paid lobbyists to influence Federal
officials in the conduct of Government actions will increase
public confidence in the integrity of Government.
SEC. 1103. DEFINITIONS.
As used in this title:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551(1) of title 5, United States Code.
(2) Client.--The term ``client'' means any person or entity
that employs or retains another person for financial or other
compensation to conduct lobbying activities on behalf of that
person or entity. A person or entity whose employees act as
lobbyists on its own behalf is both a client and an employer
of such employees. In the case of a coalition or association
that employs or retains other persons to conduct lobbying
activities, the client is the coalition or association and
not its individual members.
(3) Covered executive branch official.--The term ``covered
executive branch official'' means--
(A) the President;
(B) the Vice President;
(C) any officer or employee, or any other individual
functioning in the capacity of such an officer or employee,
in the Executive Office of the President;
(D) any officer or employee serving in a position in level
I, II, III, IV, or V of the Executive Schedule, as designated
by statute or Executive order;
(E) any officer or employee serving in a Senior Executive
Service position, as defined in section 3132(a)(2) of title
5, United States Code;
(F) any member of the uniformed services whose pay grade is
at or above O-7 under section 201 of title 37, United States
Code; and
(G) any officer or employee serving in a position of a
confidential, policy-determining, policy-making, or policy-
advocating character described in section 7511(b)(2) of title
5, United States Code.
(4) Covered legislative branch official.--The term
``covered legislative branch official'' means--
(A) a Member of Congress;
(B) an elected officer of either House of Congress;
(C) any employee of, or any other individual functioning in
the capacity of an employee of--
(i) a Member of Congress;
(ii) a committee of either House of Congress;
(iii) the leadership staff of the House of Representatives
or the leadership staff of the Senate;
(iv) a joint committee of Congress; and
(v) a working group or caucus organized to provide
legislative services or other assistance to Members of
Congress; and
(D) any other legislative branch employee serving in a
position described under section 109(13) of the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(5) Director.--The term ``Director'' means the Director of
the Office of Lobbying Registration and Public Disclosure.
(6) Employee.--The term ``employee'' means any individual
who is an officer, employee, partner, director, or proprietor
of a person or entity, but does not include--
(A) independent contractors; or
(B) volunteers who receive no financial or other
compensation from the person or entity for their services.
[[Page S142]] (7) Foreign entity.--The term ``foreign
entity'' means a foreign principal (as defined in section
1(b) of the Foreign Agents Registration Act of 1938 (22
U.S.C. 611(b)).
(8) Lobbying activities.--The term ``lobbying activities''
means lobbying contacts and efforts in support of such
contacts, including preparation and planning activities,
research and other background work that is intended, at the
time it is performed, for use in contacts, and coordination
with the lobbying activities of others. Lobbying activities
also include efforts to stimulate grassroots lobbying, as
described in section 4911(d)(1)(A) of the Internal Revenue
Code of 1986, to the extent that such communications are made
in support of a lobbying contact by a registered lobbyist. A
communication in support of a lobbying contact is a lobbying
activity even if the communication is excluded from the
definition of ``lobbying contact'' under paragraph (9)(B).
(9) Lobbying contact.--
(A) Definition.--The term ``lobbying contact'' means any
oral or written communication (including an electronic
communication) to a covered executive branch official or a
covered legislative branch official that is made on behalf of
a client with regard to--
(i) the formulation, modification, or adoption of Federal
legislation (including legislative proposals);
(ii) the formulation, modification, or adoption of a
Federal rule, regulation, Executive order, or any other
program, policy, or position of the United States Government;
(iii) the administration or execution of a Federal program
or policy (including the negotiation, award, or
administration of a Federal contract, grant, loan, permit, or
license), except that this clause does not include
communications that are made to any covered executive branch
official--
(I) who is serving in a Senior Executive Service position
described in paragraph (3)(E); or
(II) who is a member of the uniformed services whose pay
grade is lower than O-9 under section 201 of title 37, United
States Code,
in the agency responsible for taking such administrative or
executive action; or
(iv) the nomination or confirmation of a person for a
position subject to confirmation by the Senate.
(B) Exceptions.--The term ``lobbying contact'' does not
include a communication that is--
(i) made by a public official acting in the public
official's official capacity;
(ii) made by a representative of a media organization if
the purpose of the communication is gathering and
disseminating news and information to the public;
(iii) made in a speech, article, publication or other
material that is widely distributed to the public, or through
radio, television, cable television, or other medium of mass
communication;
(iv) made on behalf of a government of a foreign country or
a foreign political party and disclosed under the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611 et seq.);
(v) a request for a meeting, a request for the status of an
action, or any other similar administrative request, if the
request does not include an attempt to influence a covered
executive branch official or a covered legislative branch
official;
(vi) made in the course of participation in an advisory
committee subject to the Federal Advisory Committee Act;
(vii) testimony given before a committee, subcommittee, or
task force of the Congress, or submitted for inclusion in the
public record of a hearing conducted by such committee,
subcommittee, or task force;
(viii) information provided in writing in response to a
written request by a covered executive branch official or a
covered legislative branch official for specific information;
(ix) required by subpoena, civil investigative demand, or
otherwise compelled by statute, regulation, or other action
of the Congress or an agency;
(x) made in response to a notice in the Federal Register,
Commerce Business Daily, or other similar publication
soliciting communications from the public and directed to the
agency official specifically designated in the notice to
receive such communications;
(xi) not possible to report without disclosing information,
the unauthorized disclosure of which is prohibited by law;
(xii) made to an official in an agency with regard to--
(I) a judicial proceeding or a criminal or civil law
enforcement inquiry, investigation, or proceeding; or
(II) a filing or proceeding that the Government is
specifically required by statute or regulation to maintain or
conduct on a confidential basis,
if that agency is charged with responsibility for such
proceeding, inquiry, investigation, or filing;
(xiii) made in compliance with written agency procedures
regarding an adjudication conducted by the agency under
section 554 of title 5, United States Code, or substantially
similar provisions;
(xiv) a written comment filed in the course of a public
proceeding or any other communication that is made on the
record in a public proceeding;
(xv) a petition for agency action made in writing and
required to be a matter of public record pursuant to
established agency procedures;
(xvi) made on behalf of an individual with regard to that
individual's benefits, employment, or other personal matters
involving only that individual, except that this clause does
not apply to any communication with--
(I) a covered executive branch official, or
(II) a covered legislative branch official (other than the
individual's elected Members of Congress or employees who
work under such Members' direct supervision),
with respect to the formulation, modification, or adoption of
private legislation for the relief of that individual;
(xvii) a disclosure by an individual that is protected
under the amendments made by the Whistleblower Protection Act
of 1989, under the Inspector General Act of 1978, or under
another provision of law;
(xviii) made by--
(I) a church, its integrated auxiliary, or a convention or
association of churches that is exempt from filing a Federal
income tax return under paragraph 2(A)(i) of section 6033(a)
of the Internal Revenue Code of 1986, or
(II) a religious order that is exempt from filing a Federal
income tax return under paragraph (2)(A)(iii) of such section
6033(a); and
(xix) between--
(I) officials of a self-regulatory organization (as defined
in section 3(a)(26) of the Securities Exchange Act) that is
registered with or established by the Securities and Exchange
Commission as required by that Act or a similar organization
that is designated by or registered with the Commodities
Future Trading Commission as provided under the Commodity
Exchange Act; and
(II) the Securities and Exchange Commission or the
Commodities Future Trading Commission, respectively;
relating to the regulatory responsibilities of such
organization under that Act.
(10) Lobbying firm.--The term ``lobbying firm'' means a
person or entity that has 1 or more employees who are
lobbyists on behalf of a client other than that person or
entity. The term also includes a self-employed individual who
is a lobbyist.
(11) Lobbyist.--The term ``lobbyist'' means any individual
who is employed or retained by a client for financial or
other compensation for services that include 1 or more
lobbying contacts, other than an individual whose lobbying
activities constitute less than 10 percent of the time
engaged in the services provided by such individual to that
client.
(12) Media organization.--The term ``media organization''
means a person or entity engaged in disseminating information
to the general public through a newspaper, magazine, other
publication, radio, television, cable television, or other
medium of mass communication.
(13) Member of congress.--The term ``Member of Congress''
means a Senator or a Representative in, or Delegate or
Resident Commissioner to, the Congress.
(14) Organization.--The term ``organization'' means a
person or entity other than an individual.
(15) Person or entity.--The term ``person or entity'' means
any individual, corporation, company, foundation,
association, labor organization, firm, partnership, society,
joint stock company, group of organizations, or State or
local government.
(16) Public official.--The term ``public official'' means
any elected official, appointed official, or employee of--
(A) a Federal, State, or local unit of government in the
United States other than--
(i) a college or university;
(ii) a government-sponsored enterprise (as defined in
section 3(8) of the Congressional Budget and Impoundment
Control Act of 1974);
(iii) a public utility that provides gas, electricity,
water, or communications;
(iv) a guaranty agency (as defined in section 435(j) of the
Higher Education Act of 1965 (20 U.S.C. 1085(j))), including
any affiliate of such an agency; or
(v) an agency of any State functioning as a student loan
secondary market pursuant to section 435(d)(1)(F) of the
Higher Education Act of 1965 (20 U.S.C. 1085(d)(1)(F));
(B) a Government corporation (as defined in section 9101 of
title 31, United States Code);
(C) an organization of State or local elected or appointed
officials other than officials of an entity described in
clause (i), (ii), (iii), (iv), or (v) of subparagraph (A);
(D) an Indian tribe (as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b(e));
(E) a national or State political party or any
organizational unit thereof; or
(F) a national, regional, or local unit of any foreign
government.
(17) State.--The term ``State'' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
SEC. 1104. REGISTRATION OF LOBBYISTS.
(a) Registration.--
(1) General rule.--No later than 30 days after a lobbyist
first makes a lobbying contact or is employed or retained to
make a lobbying contact, whichever is earlier, such lobbyist
(or, as provided under paragraph (2), the organization
employing such lobbyist), shall register with the Office of
Lobbying Registration and Public Disclosure.
(2) Employer filing.--Any organization that has 1 or more
employees who are lobbyists shall file a single registration
under this section on behalf of such employees for each
client on whose behalf the employees act as lobbyists.
(3) Exemption.--
[[Page S143]] (A) General rule.--Notwithstanding paragraphs
(1) and (2), a person or entity whose--
(i) total income for matters related to lobbying activities
on behalf of a particular client (in the case of a lobbying
firm) does not exceed and is not expected to exceed $2,500;
or
(ii) total expenses in connection with lobbying activities
(in the case of an organization whose employees engage in
lobbying activities on its own behalf) do not exceed or are
not expected to exceed $5,000,
(as estimated under section 1105) in the semiannual period
described in section 1105(a) during which the registration
would be made is not required to register under subsection
(a) with respect to such client.
(B) Adjustment.--The dollar amounts in subparagraph (A)
shall be adjusted--
(i) on January 1, 1997, to reflect changes in the Consumer
Price Index (as determined by the Secretary of Labor) since
the date of enactment of this title; and
(ii) on January 1 of each fourth year occurring after
January 1, 1997, to reflect changes in the Consumer Price
Index (as determined by the Secretary of Labor) during the
preceding 4-year period,
rounded to the nearest $500.
(b) Contents of Registration.--Each registration under this
section shall be in such form as the Director shall prescribe
by regulation and shall contain--
(1) the name, address, business telephone number, and
principal place of business of the registrant, and a general
description of its business or activities;
(2) the name, address, and principal place of business of
the registrant's client, and a general description of its
business or activities (if different from paragraph (1));
(3) the name, address, and principal place of business of
any organization, other than the client, that--
(A) contributes more than $5,000 toward the lobbying
activities of the registrant in a semiannual period described
in section 1105(a); and
(B) participates significantly in the planning,
supervision, or control of such lobbying activities;
(4) the name, address, principal place of business, amount
of any contribution of more than $5,000 to the lobbying
activities of the registrant, and approximate percentage of
equitable ownership in the client (if any) of any foreign
entity that--
(A) holds at least 20 percent equitable ownership in the
client or any organization identified under paragraph (3);
(B) directly or indirectly, in whole or in major part,
plans, supervises, controls, directs, finances, or subsidizes
the activities of the client or any organization identified
under paragraph (3); or
(C) is an affiliate of the client or any organization
identified under paragraph (3) and has a direct interest in
the outcome of the lobbying activity;
(5) a statement of--
(A) the general issue areas in which the registrant expects
to engage in lobbying activities on behalf of the client; and
(B) to the extent practicable, specific issues that have
(as of the date of the registration) already been addressed
or are likely to be addressed in lobbying activities; and
(6) the name of each employee of the registrant who has
acted or whom the registrant expects to act as a lobbyist on
behalf of the client and, if any such employee has served as
a covered executive branch official or a covered legislative
branch official in the 2 years before the date on which such
employee first acted (after the date of enactment of this
Act) as a lobbyist on behalf of the client, the position in
which such employee served.
(c) Guidelines for Registration.--
(1) Multiple clients.--In the case of a registrant making
lobbying contacts on behalf of more than 1 client, a separate
registration under this section shall be filed for each such
client.
(2) Multiple contacts.--A registrant who makes more than 1
lobbying contact for the same client shall file a single
registration covering all such lobbying contacts.
(d) Termination of Registration.--A registrant who after
registration--
(1) is no longer employed or retained by a client to
conduct lobbying activities, and
(2) does not anticipate any additional lobbying activities
for such client,
may so notify the Director and terminate its registration.
SEC. 1105. REPORTS BY REGISTERED LOBBYISTS.
(a) Semiannual Report.--
(1) In general.--No later than 30 days after the end of the
semiannual period beginning on the first day of each January
and the first day of July of each year in which a registrant
is registered under section 1104, each registrant shall file
a report with the Office of Lobbying Registration and Public
Disclosure on its lobbying activities during such semiannual
period. A separate report shall be filed for each client of
the registrant.
(2) Exemption.--
(A) General rule.--Any registrant whose--
(i) total income for a particular client for matters that
are related to lobbying activities on behalf of that client
(in the case of a lobbying firm), does not exceed and is not
expected to exceed $2,500; or
(ii) total expenses in connection with lobbying activities
(in the case of a registrant whose employees engage in
lobbying activities on its own behalf) do not exceed and are
not expected to exceed $5,000,
in a semiannual period (as estimated under paragraph (3) or
(4) of subsection (b) or paragraph (4) of subsection (c), as
applicable) is deemed to be inactive during such period and
may comply with the reporting requirements of this section by
so notifying the Director in such form as the Director may
prescribe.
(B) Adjustment.--The dollar amounts in subparagraph (A)
shall be adjusted as provided in section 1104(a)(3)(B).
(b) Contents of Report.--Each semiannual report filed under
subsection (a) shall be in such form as the Director shall
prescribe by regulation and shall contain--
(1) the name of the registrant, the name of the client, and
any changes or updates to the information provided in the
initial registration;
(2) for each general issue area in which the registrant
engaged in lobbying activities on behalf of the client during
the semiannual filing period--
(A) a list of the specific issues upon which a lobbyist
employed by the registrant engaged in lobbying activities,
including, to the maximum extent practicable, a list of bill
numbers and references to specific regulatory actions,
programs, projects, contracts, grants, and loans;
(B) a statement of the Houses and committees of Congress
and the Federal agencies contacted by lobbyists employed by
the registrant on behalf of the client;
(C) a list of the employees of the registrant who acted as
lobbyists on behalf of the client; and
(D) a description of the interest, if any, of any foreign
entity identified under section 1104(b)(4) in the specific
issues listed under subparagraph (A).
(3) in the case of a lobbying firm, a good faith estimate
of the total amount of all income from the client (including
any payments to the registrant by any other person for
lobbying activities on behalf of the client) during the
semiannual period, other than income for matters that are
unrelated to lobbying activities; and
(4) in the case of a registrant engaged in lobbying
activities on its own behalf, a good faith estimate of the
total expenses that the registrant and its employees incurred
in connection with lobbying activities during the semiannual
filing period.
(c) Estimates of Income or Expenses.--For purposes of this
section, estimates of income or expenses shall be made as
follows:
(1) $100,000 or less.--Income or expenses of $100,000 or
less shall be estimated in accordance with the following
categories:
(A) $10,000 or less.
(B) More than $10,000 but not more than $20,000.
(C) More than $20,000 but not more than $50,000.
(D) More than $50,000 but not more than $100,000.
(2) More than $100,000 but not more than $500,000.--Income
or expenses in excess of $100,000 but not more than $500,000
shall be estimated and rounded to the nearest $50,000.
(3) More than $500,000.--Income or expenses in excess of
$500,000 shall be estimated and rounded to the nearest
$100,000.
(4) Construction.--In estimating total income or expenses
under this section, a registrant is not required to include--
(A) the value of contributed services for which no payment
is made; or
(B) the expenses for services provided by an independent
contractor of the registrant who is separately registered
under this title.
(d) Contacts.--
(1) Contacts with committees.--For purposes of subsection
(b)(2), any contact with a member of a committee of Congress,
an employee of a committee of Congress, or an employee of a
member of a committee of Congress regarding a matter within
the jurisdiction of such committee shall be considered to be
a contact with the committee.
(2) Contacts with house of congress.--For purposes of
subsection (b)(2), any contact with a Member of Congress or
an employee of a Member of Congress regarding a matter that
is not within the jurisdiction of a committee of Congress of
which that Member is a member shall be considered to be a
contact with the House of Congress of that Member.
(3) Contacts with federal agencies.--For purposes of
subsection (b)(2), any contact with a covered executive
branch official shall be considered to be a contact with the
Federal agency that employs that official, except that a
contact with a covered executive branch official who is
detailed to another Federal agency or to the Congress shall
be considered to be a contact with the Federal agency or with
the committee of Congress or House of Congress to which the
official is detailed.
(e) Extension for Filing.--The Director may grant an
extension of time of not more than 30 days for the filing of
any report under this section, upon the request of the
registrant, for good cause shown.
SEC. 1106. PROHIBITION ON GIFTS BY LOBBYISTS, LOBBYING FIRMS,
AND AGENTS OF FOREIGN PRINCIPALS.
(a) In General.--
(1) Prohibition.--No lobbyist or lobbying firm registered
under this title and no agent of a foreign principal
registered under the Foreign Agents Registration Act may
provide a gift, directly or indirectly, to any covered
legislative branch official.
(2) Definition.--For purposes of this section--
[[Page S144]] (A) the term ``gift'' means any gratuity,
favor, discount, entertainment, hospitality, loan,
forbearance, or other item having monetary value and such
term includes gifts of services, training, transportation,
lodging, and meals, whether provided in kind, by purchase of
a ticket, payment in advance, or reimbursement after the
expense has been incurred; and
(B) a gift to the spouse or dependent of a covered
legislative branch official (or a gift to any other
individual based on that individual's relationship with the
covered legislative branch official) shall be considered a
gift to the covered legislative branch official if it is
given with the knowledge and acquiescence of the covered
legislative branch official and is given because of the
official position of the covered legislative branch official.
(b) Gifts.--The prohibition in subsection (a) includes the
following:
(1) Anything provided by a lobbyist or a foreign agent
which is paid for, charged to, or reimbursed by a client or
firm of such lobbyist or foreign agent.
(2) Anything provided by a lobbyist, a lobbying firm, or a
foreign agent to an entity that is maintained or controlled
by a covered legislative branch official.
(3) A charitable contribution (as defined in section 170(c)
of the Internal Revenue Code of 1986) made by a lobbyist, a
lobbying firm, or a foreign agent on the basis of a
designation, recommendation, or other specification of a
covered legislative branch official (not including a mass
mailing or other solicitation directed to a broad category of
persons or entities).
(4) A contribution or other payment by a lobbyist, a
lobbying firm, or a foreign agent to a legal expense fund
established for the benefit of a covered legislative branch
official or a covered executive branch official.
(5) A charitable contribution (as defined in section 170(c)
of the Internal Revenue Code of 1986) made by a lobbyist, a
lobbying firm, or a foreign agent in lieu of an honorarium to
a covered legislative branch official.
(6) A financial contribution or expenditure made by a
lobbyist, a lobbying firm, or a foreign agent relating to a
conference, retreat, or similar event, sponsored by or
affiliated with an official congressional organization, for
or on behalf of covered legislative branch officials.
(c) Not Gifts.--The following are not gifts subject to the
prohibition in subsection (a):
(1) Anything for which the recipient pays the market value,
or does not use and promptly returns to the donor.
(2) A contribution, as defined in the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully
made under that Act, or attendance at a fundraising event
sponsored by a political organization described in section
527(e) of the Internal Revenue Code of 1986.
(3) Food or refreshments of nominal value offered other
than as part of a meal.
(4) Benefits resulting from the business, employment, or
other outside activities of the spouse of a covered
legislative branch official, if such benefits are customarily
provided to others in similar circumstances.
(5) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
(6) Informational materials that are sent to the office of
a covered legislative branch official in the form of books,
articles, periodicals, other written materials, audiotapes,
videotapes, or other forms of communication.
(d) Gifts Given for a Nonbusiness Purpose and Motivated by
Family Relationship or Close Personal Friendship.--
(1) In general.--A gift given by an individual under
circumstances which make it clear that the gift is given for
a nonbusiness purpose and is motivated by a family
relationship or close personal friendship and not by the
position of the covered legislative branch official shall not
be subject to the prohibition in subsection (a).
(2) Nonbusiness purpose.--A gift shall not be considered to
be given for a nonbusiness purpose if the individual giving
the gift seeks--
(A) to deduct the value of such gift as a business expense
on the individual's Federal income tax return, or
(B) direct or indirect reimbursement or any other
compensation for the value of the gift from a client or
employer of such lobbyist or foreign agent.
(3) Family relationship or close personal friendship.--In
determining if the giving of a gift is motivated by a family
relationship or close personal friendship, at least the
following factors shall be considered:
(A) The history of the relationship between the individual
giving the gift and the recipient of the gift, including
whether or not gifts have previously been exchanged by such
individuals.
(B) Whether the gift was purchased by the individual who
gave the item.
(C) Whether the individual who gave the gift also at the
same time gave the same or similar gifts to other covered
legislative branch officials.
SEC. 1107. OFFICE OF LOBBYING REGISTRATION AND PUBLIC
DISCLOSURE.
(a) Establishment and Director.--
(1) Establishment.--There is established an executive
agency to be known as the Office of Lobbying Registration and
Public Disclosure.
(2) Director.--(A) The Office shall be headed by a
Director, who shall be appointed by the President, by and
with the advice and consent of the Senate.
(B) The Director shall be an individual who, by
demonstrated ability, background, training, and experience,
is qualified to carry out the functions of the position. The
term of service of the Director shall be 5 years. The
Director may be removed for cause.
(C) Section 5316 of title 5, United States Code, is amended
by adding at the end the following: ``Director of the Office
of Lobbying Registration and Public Disclosure''.
(b) Administrative Powers.--The Director may--
(1) appoint officers and employees, including attorneys, in
accordance with chapter 51 and subchapter III of chapter 53
of title 5, United States Code, define their duties and
responsibilities, and direct and supervise their activities;
(2) contract for financial and administrative services
(including those related to budget and accounting, financial
reporting, personnel, and procurement) with the General
Services Administration, or such Federal agency as the
Director determines appropriate, for which payment shall be
made in advance or by reimbursement from funds of the Office
in such amounts as may be agreed upon by the Director and the
head of the agency providing such services, but the contract
authority under this paragraph shall be effective for any
fiscal year only to the extent that appropriations are
available for that purpose;
(3) request the head of any Federal department or agency
(who is hereby so authorized) to detail to temporary duties
with the Office such personnel within the agency head's
administrative jurisdiction as the Office may need for
carrying out its functions under this title, with or without
reimbursement;
(4) request agency heads to provide information needed by
the Office, which information shall be supplied to the extent
permitted by law;
(5) utilize, with their consent, the services and
facilities of Federal agencies with or without reimbursement;
(6) accept, use, and dispose of gifts or donations of
services or property, real, personal, or mixed, tangible or
intangible, for purposes of aiding or facilitating the work
of the Office; and
(7) use the United States mails in the same manner and
under the same conditions as other departments and agencies
of the United States.
(c) Cooperation With Other Governmental Agencies.--In order
to avoid unnecessary expense and duplication of function
among Government agencies, the Office may make such
arrangements or agreements for cooperation or mutual
assistance in the performance of its functions under this
title as is practicable and consistent with law. The head of
the General Services Administration and each department,
agency, or establishment of the United States shall cooperate
with the Office and, to the extent permitted by law, provide
such information, services, personnel, and facilities as the
Office may request for its assistance in the performance of
its functions under this title.
(d) Duties.--The Director shall--
(1) after notice and a reasonable opportunity for public
comment, and consultation with the Secretary of the Senate,
the Clerk of the House of Representatives, and the
Administrative Conference of the United States, prescribe
such regulations, penalty guidelines, and forms as are
necessary to carry out this title;
(2) provide guidance and assistance on the registration and
reporting requirements of this title, including--
(A) providing information to all registrants at the time of
registration about the obligations of registered lobbyists
under this title, and
(B) issuing published decisions and advisory opinions;
(3) review the registrations and reports filed under this
title and make such verifications or inquiries as are
necessary to ensure the completeness, accuracy, and
timeliness of the registrations and reports;
(4) develop filing, coding, and cross-indexing systems to
carry out the purposes of this title, including--
(A) a publicly available list of all registered lobbyists
and their clients; and
(B) computerized systems designed to minimize the burden of
filing and maximize public access to materials filed under
this title;
(5) ensure that the computer systems developed pursuant to
paragraph (4)--
(A) allow the materials filed under this title to be
accessed by the client name, lobbyist name, and registrant
name;
(B) are compatible with computer systems developed and
maintained by the Federal Election Commission, and that
information filed in the two systems can be readily cross-
referenced; and
(C) are compatible with computer systems developed and
maintained by the Secretary of the Senate and the Clerk of
the House of Representatives;
(6) make copies of each registration and report filed under
this title available to the public, upon the payment of
reasonable fees, not to exceed the cost of such copies, as
determined by the Director, in written and electronic
formats, as soon as practicable after the date on which such
registration or report is received;
(7) preserve the originals or accurate reproduction of--
[[Page S145]] (A) registrations filed under this title for
a period that ends not less than 3 years after the
termination of the registration under section 1104(d); and
(B) reports filed under this title for a period that ends
not less than 3 years after the date on which the report is
received;
(8) maintain a computer record of--
(A) the information contained in registrations for a period
that ends not less than 5 years after the termination of the
registration under section 1104(d); and
(B) the information contained in reports filed under this
title for a period that ends not less than 5 years after the
date on which the reports are received;
(9) compile and summarize, with respect to each semiannual
period, the information contained in registrations and
reports filed with respect to such period in a manner which
clearly presents the extent and nature of expenditures on
lobbying activities during such period;
(10) make information compiled and summarized under
paragraph (9) available to the public in electronic and hard
copy formats as soon as practicable after the close of each
semiannual filing period;
(11) provide, by computer telecommunication or other
transmittal in a form accessible by computer, to the
Secretary of the Senate and the Clerk of the House of
Representatives copies of all registrations and reports
received under sections 1104 and 1105 and all compilations,
cross-indexes, and summaries of such registrations and
reports, as soon as practicable (but not later than 3 working
days) after such material is received or created;
(12) make available to the public a list of all persons
whom the Director determines, under section 1109 (after
exhaustion of all appeals under section 1111) to have
committed a major or minor violation of this title and submit
such list to the Congress as part of the report provided for
under paragraph (13);
(13) make available to the public upon request and transmit
to the President, the Secretary of the Senate, the Clerk of
the House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on the Judiciary of
the House of Representatives a report, not later than March
31 of each year, describing the activities of the Office and
the implementation of this title, including--
(A) a financial statement for the preceding fiscal year;
(B) a summary of the registrations and reports filed with
the Office with respect to the preceding calendar year;
(C) a summary of the registrations and reports filed on
behalf of foreign entities with respect to the preceding
calendar year; and
(D) recommendations for such legislative or other action as
the Director considers appropriate; and
(14) study the appropriateness of the definition of
``public official'' under section 1103(17) and make
recommendations for any change in such definition in the
first report filed pursuant to paragraph (13).
SEC. 1108. INITIAL PROCEDURE FOR ALLEGED VIOLATIONS.
(a) Allegation of a Violation.--Whenever the Office of
Lobbying Registration and Public Disclosure has reason to
believe that a person or entity may be in violation of the
requirements of this title, the Director shall notify the
person or entity in writing of the nature of the alleged
violation and provide an opportunity for the person or entity
to respond in writing to the allegation within 30 days after
the notification is sent or such longer period as the
Director may determine appropriate in the circumstances.
(b) Initial Determination.--
(1) In general.--If the person or entity responds within
the period described in the notification under subsection
(a), the Director shall--
(A) issue a written determination that the person or entity
has not violated this title if the person or entity provides
adequate information or explanation to make such
determination; or
(B) make a formal request for information under subsection
(c) or a notification under section 1109(a), if the
information or explanation provided is not adequate to make a
determination under subparagraph (A).
(2) Written decision.--If the Director makes a
determination under paragraph (1)(A), the Director shall
issue a public written decision in accordance with section
1110.
(c) Formal Request for Information.--If a person or entity
fails to respond in writing within the period described in
the notification under subsection (a) or the response is not
adequate to determine whether such person or entity has
violated this title, the Director may make a formal request
for specific additional written information (subject to
applicable privileges) that is reasonably necessary for the
Director to make such determination. Each such request shall
be structured to minimize any burden imposed, consistent with
the need to determine whether the person or entity is in
compliance with this title, and shall--
(1) state the nature of the conduct constituting the
alleged violation which is the basis for the inquiry and the
provision of law applicable thereto;
(2) describe the class or classes of material to be
produced pursuant to the request with such definiteness and
certainty as to permit such material to be readily
identified; and
(3) prescribe a return date or dates which provide a
reasonable period of time within which the person or entity
may assemble and make available for inspection and copying or
reproduction the material so requested.
SEC. 1109. DETERMINATIONS OF VIOLATIONS.
(a) Notification and Hearing.--If the information provided
to the Director under section 1108 indicates that a person or
entity may have violated this title, the Director shall--
(1) notify the person or entity in writing of this finding
and, if appropriate, a proposed penalty assessment and
provide such person or entity with an opportunity to respond
in writing within 30 days after the notice is sent; and
(2) if requested in writing by that person or entity within
that 30-day period, afford the person or entity an
opportunity for a hearing on the record under the provisions
of section 554 of title 5, United States Code.
(b) Determination.--Upon the receipt of a written response
under subsection (a)(1) when no hearing under subsection
(a)(2) is requested, upon the completion of a hearing
requested under subsection (a)(2), or upon the expiration of
30 days in a case in which no such written response is
received, the Director shall review the information received
under section 1108 and this section (including evidence
presented at any such hearing) and make a final determination
whether there was a violation and a final determination of
the penalty, if any. If no written response was received
under this section within the 30-day period provided, the
determination and penalty assessment shall constitute a final
order not subject to appeal.
(c) Written Decision.--
(1) Determination of violation.--If the Director makes a
final determination under subsection (b) that there was a
violation, the Director shall issue a written decision in
accordance with section 1110--
(A) directing the person or entity to correct the
violation; and
(B) assessing a civil monetary penalty--
(i) in the case of a minor violation, which shall be no
more than $10,000, depending on the extent and gravity of the
violation;
(ii) in the case of a major violation, which shall be more
than $10,000, but no more than $100,000, depending on the
extent and gravity of the violation;
(iii) in the case of a late registration or filing, which
shall be $200 for each week by which the registration or
filing was late, unless the Director determines that the
failure to timely register or file constitutes a major
violation (as defined under subsection (e)(2)) in which case
the amount shall be as prescribed by clause (ii); or
(iv) in the case of a failure to provide information
requested by the Director pursuant to section 1108(c), which
shall be no more than $10,000, depending on the extent and
gravity of the violation, except that no penalty shall be
assessed if the Director determines that the violation was
the result of a good faith dispute over the validity or
appropriate scope of a request for information.
(2) Determination of no violation or insufficient
evidence.--If the Director determines that no violation
occurred or there was not sufficient evidence that a
violation occurred, the Director shall issue a written
decision in accordance with section 1110.
(d) Civil Injunctive Relief.--If a person or entity fails
to comply with a directive to correct a violation under
subsection (c), the Director shall refer the case to the
Attorney General to seek civil injunctive relief in the
appropriate court of the United States to compel such person
or entity to comply with such directive.
(e) Penalty Assessments.--
(1) General rule.--No penalty shall be assessed under this
section unless the Director finds that the person or entity
subject to the penalty knew or should have known that such
person or entity was in violation of this title. In
determining the amount of a penalty to be assessed, the
Director shall take into account the totality of the
circumstances, including the extent and gravity of the
violation, whether the violation was voluntarily admitted and
corrected, the extent to which the person or entity may have
profited from the violation, the ability of the person or
entity to pay, and such other matters as justice may require.
(2) Regulations.--Regulations prescribed by the Director
under section 1107 shall define major and minor violations.
Major violations shall be defined to include a failure to
register and any other violation that is extensive or
repeated, if the person or entity who failed to register or
committed such other violation--
(A) had actual knowledge that the conduct constituted a
violation;
(B) acted in deliberate ignorance of the provisions of this
title or regulations related to the conduct constituting a
violation; or
(C) acted in reckless disregard of the provisions of this
title or regulations related to the conduct constituting a
violation.
(f) Limitation.--No proceeding shall be initiated under
section 1108 or this section unless the Director notifies the
person or entity who is to be the subject of the proceeding
of the alleged violation within 3 years after the date on
which the alleged violation occurred.
SEC. 1110. DISCLOSURE OF INFORMATION; WRITTEN DECISIONS.
(a) Disclosure of Information.--Information provided to the
Director pursuant to sections 1108 and 1109 shall not be made
available to the public without the consent of the person or
entity providing the information, except to the extent that
such information may be included in--
[[Page S146]] (1) a new or amended report or registration
filed under this title; or
(2) a written decision issued by the Director under this
section.
(b) Written Decisions.--All written decisions issued by the
Director under sections 1108 and 1109 shall be made available
to the public. The Director may provide for the publication
of a written decision if the Director determines that
publication would provide useful guidance. Before making a
written decision public, the Director--
(1) shall delete information that would identify a person
or entity who was alleged to have violated this title if--
(A) there was insufficient evidence to determine that the
person or entity violated this title or the Director found
that person or entity did not violate this title, and
(B) the person or entity so requests; and
(2) shall delete information that would identify any other
person or entity (other than a person or entity who was found
to have violated this title), if the Director determines that
such person or entity could reasonably be expected to be
injured by the disclosure of such information.
SEC. 1111. JUDICIAL REVIEW.
(a) Final Decision.--A written decision issued by the
Director under section 1109 shall become final 60 days after
the date on which the Director provides notice of the
decision, unless such decision is appealed under subsection
(b) of this section.
(b) Appeal.--Any person or entity adversely affected by a
written decision issued by the Director under section 1109
may appeal such decision, except as provided under section
1109(b), to the appropriate United States court of appeals.
Such review may be obtained by filing a written notice of
appeal in such court no later than 60 days after the date on
which the Director provides notice of the Director's decision
and by simultaneously sending a copy of such notice of appeal
to the Director. The Director shall file in such court the
record upon which the decision was issued, as provided under
section 2112 of title 28, United States Code. The findings of
fact of the Director shall be conclusive, unless found to be
unsupported by substantial evidence, as provided under
section 706(2)(E) of title 5, United States Code. Any penalty
assessed or other action taken in the decision shall be
stayed during the pendency of the appeal.
(c) Recovery of Penalty.--Any penalty assessed in a written
decision which has become final under this title may be
recovered in a civil action brought by the Attorney General
in an appropriate United States district court. In any such
action, no matter that was raised or that could have been
raised before the Director or pursuant to judicial review
under subsection (b) may be raised as a defense, and the
determination of liability and the determination of amounts
of penalties and assessments shall not be subject to review.
SEC. 1112. RULES OF CONSTRUCTION.
(a) Constitutional Rights.--Nothing in this title shall be
construed to prohibit or interfere with--
(1) the right to petition the government for the redress of
grievances;
(2) the right to express a personal opinion; or
(3) the right of association,
protected by the first amendment to the Constitution.
(b) Prohibition of Activities.--Nothing in this title shall
be construed to prohibit, or to authorize the Director or any
court to prohibit, lobbying activities or lobbying contacts
by any person or entity, regardless of whether such person or
entity is in compliance with the requirements of this title.
(c) Audit and Investigations.--Nothing in this title shall
be construed to grant general audit or investigative
authority to the Director.
SEC. 1113. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT.
The Foreign Agents Registration Act of 1938 (22 U.S.C. 611
et seq.) is amended--
(1) in section 1--
(A) by striking subsection (j);
(B) in subsection (o) by striking ``the dissemination of
political propaganda and any other activity which the person
engaging therein believes will, or which he intends to,
prevail upon, indoctrinate, convert, induce, persuade, or in
any other way influence'' and inserting ``any activity that
the person engaging in believes will, or that the person
intends to, in any way influence'';
(C) in subsection (p) by striking the semicolon and
inserting a period; and
(D) by striking subsection (q);
(2) in section 3(g) (22 U.S.C. 613(g)), by striking
``established agency proceedings, whether formal or
informal.'' and inserting ``judicial proceedings, criminal or
civil law enforcement inquiries, investigations, or
proceedings, or agency proceedings required by statute or
regulation to be conducted on the record.'';
(3) in section 3 (22 U.S.C. 613) by adding at the end the
following:
``(h) Any agent of a person described in section 1(b)(2) or
an entity described in section 1(b)(3) if the agent is
required to register and does register under the Lobbying
Disclosure Act of 1994 in connection with the agent's
representation of such person or entity.'';
(4) in section 4(a) (22 U.S.C. 614(a))--
(A) by striking ``political propaganda'' and inserting
``informational materials''; and
(B) by striking ``and a statement, duly signed by or on
behalf of such an agent, setting forth full information as to
the places, times, and extent of such transmittal'';
(5) in section 4(b) (22 U.S.C. 614(b))--
(A) in the matter preceding clause (i), by striking
``political propaganda'' and inserting ``informational
materials''; and
(B) by striking ``(i) in the form of prints, or'' and all
that follows through the end of the subsection and inserting
``without placing in such informational materials a
conspicuous statement that the materials are distributed by
the agent on behalf of the foreign principal, and that
additional information is on file with the Department of
Justice, Washington, District of Columbia. The Attorney
General may by rule define what constitutes a conspicuous
statement for the purposes of this subsection.'';
(6) in section 4(c) (22 U.S.C. 614(c)), by striking
``political propaganda'' and inserting ``informational
materials'';
(7) in section 6 (22 U.S.C. 616)--
(A) in subsection (a) by striking ``and all statements
concerning the distribution of political propaganda'';
(B) in subsection (b) by striking ``, and one copy of every
item of political propaganda''; and
(C) in subsection (c) by striking ``copies of political
propaganda,'';
(8) in section 8 (22 U.S.C. 618)--
(A) in subsection (a)(2) by striking ``or in any statement
under section 4(a) hereof concerning the distribution of
political propaganda''; and
(B) by striking subsection (d); and
(9) in section 11 (22 U.S.C. 621) by striking ``, including
the nature, sources, and content of political propaganda
disseminated or distributed''.
SEC. 1114. AMENDMENTS TO THE BYRD AMENDMENT.
(a) Revised Certification Requirements.--Section 1352(b) of
title 31, United States Code, is amended--
(1) in paragraph (2) by striking subparagraphs (A), (B),
and (C) and inserting the following:
``(A) the name of any registrant under the Lobbying
Disclosure Act of 1994 who has made lobbying contacts on
behalf of the person with respect to that Federal contract,
grant, loan, or cooperative agreement; and
``(B) a certification that the person making the
declaration has not made, and will not make, any payment
prohibited by subsection (a).'';
(2) in paragraph (3) by striking all that follows ``loan
shall contain'' and inserting ``the name of any registrant
under the Lobbying Disclosure Act of 1994 who has made
lobbying contacts on behalf of the person in connection with
that loan insurance or guarantee.''; and
(3) by striking paragraph (6) and redesignating paragraph
(7) as paragraph (6).
(b) Removal of Obsolete Reporting Requirement.--Section
1352 of title 31, United States Code, is further amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
SEC. 1115. REPEAL OF CERTAIN LOBBYING PROVISIONS.
(a) Repeal of the Federal Regulation of Lobbying Act.--The
Federal Regulation of Lobbying Act (2 U.S.C. 261 et seq.) is
repealed.
(b) Repeal of Provisions Relating to Housing Lobbyist
Activities.--
(1) Section 13 of the Department of Housing and Urban
Development Act (42 U.S.C. 3537b) is repealed.
(2) Section 536(d) of the Housing Act of 1949 (42 U.S.C.
1490p(d)) is repealed.
SEC. 1116. CONFORMING AMENDMENTS TO OTHER STATUTES.
(a) Amendment to Competitiveness Policy Council Act.--
Section 5206(e) of the Competitiveness Policy Council Act (15
U.S.C. 4804(e)) is amended by inserting ``or a lobbyist for a
foreign entity (as the terms `lobbyist' and `foreign entity'
are defined under section 1103 of the Lobbying Disclosure Act
of 1994)'' after ``an agent for a foreign principal''.
(b) Amendments to Title 18, United States Code.--Section
219(a) of title 18, United States Code, is amended--
(1) by inserting ``or a lobbyist required to register under
the Lobbying Disclosure Act of 1994 in connection with the
representation of a foreign entity, as defined in section
1103(7) of that Act'' after ``an agent of a foreign principal
required to register under the Foreign Agents Registration
Act of 1938''; and
(2) by striking out ``, as amended,''.
(c) Amendment to Foreign Service Act of 1980.--Section
602(c) of the Foreign Service Act of 1980 (22 U.S.C. 4002(c))
is amended by inserting ``or a lobbyist for a foreign entity
(as defined in section 1103(7) of the Lobbying Disclosure Act
of 1994)'' after ``an agent of a foreign principal (as
defined by section 1(b) of the Foreign Agents Registration
Act of 1938)''.
SEC. 1117. SEVERABILITY.
If any provision of this title, or the application thereof,
is held invalid, the validity of the remainder of this title
and the application of such provision to other persons and
circumstances shall not be affected thereby.
SEC. 1118. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal years
1995, 1996, 1997, 1998, and 1999 such sums as may be
necessary to carry out this title.
[[Page S147]]
SEC. 1119. IDENTIFICATION OF CLIENTS AND COVERED OFFICIALS.
(a) Oral Lobbying Contacts.--Any person or entity that
makes an oral lobbying contact with a covered legislative
branch official or a covered executive branch official shall,
on the request of the official at the time of the lobbying
contact--
(1) state whether the person or entity is registered under
this title and identify the client on whose behalf the
lobbying contact is made; and
(2) state whether such client is a foreign entity and
identify any foreign entity required to be disclosed under
section 1104(b)(4) that has a direct interest in the outcome
of the lobbying activity.
(b) Written Lobbying Contacts.--Any person or entity
registered under this title that makes a written lobbying
contact (including an electronic communication) with a
covered legislative branch official or a covered executive
branch official shall--
(1) if the client on whose behalf the lobbying contact was
made is a foreign entity, identify such client, state that
the client is considered a foreign entity under this title,
and state whether the person making the lobbying contact is
registered on behalf of that client under section 1104; and
(2) identify any other foreign entity identified pursuant
to section 1104(b)(4) that has a direct interest in the
outcome of the lobbying activity.
(c) Identification as Covered Official.--Upon request by a
person or entity making a lobbying contact, the individual
who is contacted or the office employing that individual
shall indicate whether or not the individual is a covered
legislative branch official or a covered executive branch
official.
SEC. 1120. TRANSITIONAL FILING REQUIREMENT.
(a) Simultaneous Filing.--Subject to subsection (b), each
registrant shall transmit simultaneously to the Secretary of
the Senate and the Clerk of the House of Representatives an
identical copy of each registration and report required to be
filed under this title.
(b) Sunset Provision.--The simultaneous filing requirement
under subsection (a) shall be effective until such time as
the Director, in consultation with the Secretary of the
Senate and the Clerk of the House of Representatives,
determines that the Office of Lobbying Registration and
Public Disclosure is able to provide computer
telecommunication or other transmittal of registrations and
reports as required under section 1107(b)(11).
(c) Implementation.--The Director, the Secretary of the
Senate, and the Clerk of the House of Representatives shall
take such actions as necessary to ensure that the Office of
Lobbying Registration and Public Disclosure is able to
provide computer telecommunication or other transmittal of
registrations and reports as required under section
1107(b)(11) on the effective date of this title, or as soon
thereafter as reasonably practicable.
SEC. 1121. ESTIMATES BASED ON TAX REPORTING SYSTEM.
(a) Entities Covered by Section 6033(b) of the Internal
Revenue Code of 1986.--A registrant that is required to
report and does report lobbying expenditures pursuant to
section 6033(b)(8) of the Internal Revenue Code of 1986 may--
(1) make a good faith estimate (by category of dollar
value) of applicable amounts that would be required to be
disclosed under such section for the appropriate semiannual
period to meet the requirements of sections 1104(a)(3),
1105(a)(2), and 1105(b)(4); and
(2) in lieu of using the definition of ``lobbying
activities'' in section 1103(8) of this title, consider as
lobbying activities only those activities that are
influencing legislation as defined in section 4911(d) of the
Internal Revenue Code of 1986.
(b) Entities Covered by Section 162(e) of the Internal
Revenue Code of 1986.--A registrant that is required to
account for lobbying expenditures and does account for
lobbying expenditures pursuant to section 162(e) of the
Internal Revenue Code of 1986 may--
(1) make a good faith estimate (by category of dollar
value) of applicable amounts that would not be deductible
pursuant to such section for the appropriate semiannual
period to meet the requirements of sections 1104(a)(3),
1105(a)(2), and 1105(b)(4); and
(2) in lieu of using the definition of ``lobbying
activities'' in section 1103(8) of this title, consider as
lobbying activities only those activities, the costs of which
are not deductible pursuant to section 162(e) of the Internal
Revenue Code of 1986.
(c) Disclosure of Estimate.--Any registrant that elects to
make estimates required by this title under the procedures
authorized by subsection (a) or (b) for reporting or
threshold purposes shall--
(1) inform the Director that the registrant has elected to
make its estimates under such procedures; and
(2) make all such estimates, in a given calendar year,
under such procedures.
(d) Study.--Not later than March 31, 1997, the Comptroller
General of the United States shall review reporting by
registrants under subsections (a) and (b) and report to the
Congress--
(1) the differences between the definition of ``lobbying
activities'' in section 1103(8) and the definitions of
``lobbying expenditures'', ``influencing legislation'', and
related terms in sections 162(e) and 4911 of the Internal
Revenue Code of 1986, as each are implemented by regulations;
(2) the impact that any such differences may have on filing
and reporting under this title pursuant to this subsection;
and
(3) any changes to this title or to the appropriate
sections of the Internal Revenue Code of 1986 that the
Comptroller General may recommend to harmonize the
definitions.
SEC. 1122. EFFECTIVE DATES AND INTERIM RULES.
(a) In General.--Except as otherwise provided in this
section, this title and the amendments made by this title
shall take effect January 1, 1996.
(b) Effective Date of Gift Prohibition.--Section 1106 shall
take effect on January 3, 1995. Beginning on that date, and
for the remainder of calendar year 1995, such section shall
apply to any gift provided by a lobbyist or an agent of a
foreign principal registered under the Federal Regulation of
Lobbying Act or the Foreign Agents Registration Act,
including any person registered under such Acts as of July 1,
1994, or thereafter.
(c) Establishment of Office.--Sections 1107 and 1118 shall
take effect on the date of enactment of this Act.
(d) Repeals and Amendments.--The repeals and amendments
made under sections 1113, 1114, 1115, and 1116 shall take
effect as provided under subsection (a), except that such
repeals and amendments--
(1) shall not affect any proceeding or suit commenced
before the effective date under subsection (a), and in all
such proceedings or suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and with the
same effect as if this title had not been enacted; and
(2) shall not affect the requirements of Federal agencies
to compile, publish, and retain information filed or received
before the effective date of such repeals and amendments.
(e) Regulations.--Proposed regulations required to
implement this title shall be published for public comment no
later than 270 days after the date of the enactment of this
Act. No later than 1 year after the date of the enactment of
this Act, final regulations required to implement this title
shall be published.
(f) Phase-In Period.--No penalty shall be assessed by the
Director under section 1109(e) for a violation of this title,
other than for a violation of section 1106, which occurs
during the first semiannual reporting period under section
1105 after the effective date prescribed by subsection (a).
(g) Interim Director.--Within 30 days after the date of the
enactment of this Act, the President shall designate an
interim Director of the Office of Lobbying Registration and
Public Disclosure, who shall serve at the pleasure of the
President until a Director of such Office has been nominated
by the President and confirmed by the Senate. The interim
Director may not promulgate final regulations pursuant to
section 1107(d) or initiate procedures for alleged violations
pursuant to section 1108.
TITLE II--CONGRESSIONAL GIFT REFORM
SEC. 1201. AMENDMENTS TO SENATE RULES.
Rule XXXV of the Standing Rules of the Senate is amended to
read as follows:
``1. No Member, officer, or employee of the Senate shall
accept a gift, knowing that such gift is provided by a
registered lobbyist, a lobbying firm, or an agent of a
foreign principal in violation of the Lobbying Disclosure Act
of 1994.
``2. (a) In addition to the restriction on receiving gifts
from registered lobbyists, lobbying firms, and agents of
foreign principals provided by paragraph 1 and except as
provided in this Rule, no Member, officer, or employee of the
Senate shall knowingly accept a gift from any other person.
``(b)(1) For the purpose of this Rule, the term `gift'
means any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having monetary
value. The term includes gifts of services, training,
transportation, lodging, and meals, whether provided in kind,
by purchase of a ticket, payment in advance, or reimbursement
after the expense has been incurred.
``(2) A gift to the spouse or dependent of a Member,
officer, or employee (or a gift to any other individual based
on that individual's relationship with the Member, officer,
or employee) shall be considered a gift to the Member,
officer, or employee if it is given with the knowledge and
acquiescence of the Member, officer, or employee and the
Member, officer, or employee has reason to believe the gift
was given because of the official position of the Member,
officer, or employee.
``(c) The restrictions in subparagraph (a) shall not apply
to the following:
``(1) Anything for which the Member, officer, or employee
pays the market value, or does not use and promptly returns
to the donor.
``(2) A contribution, as defined in the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully
made under that Act, or attendance at a fundraising event
sponsored by a political organization described in section
527(e) of the Internal Revenue Code of 1986.
``(3) Anything provided by an individual on the basis of a
personal or family relationship unless the Member, officer,
or employee has reason to believe that, under the
circumstances, the gift was provided because of the official
position of the Member, officer, or employee and not because
of the personal or family relationship. The Select Committee
on Ethics shall provide guidance on the
[[Page S148]] applicability of this clause and examples of
circumstances under which a gift may be accepted under this
exception.
``(4) A contribution or other payment to a legal expense
fund established for the benefit of a Member, officer, or
employee, that is otherwise lawfully made, if the person
making the contribution or payment is identified for the
Select Committee on Ethics.
``(5) Any food or refreshments which the recipient
reasonably believes to have a value of less than $20.
``(6) Any gift from another Member, officer, or employee of
the Senate or the House of Representatives.
``(7) Food, refreshments, lodging, and other benefits--
``(A) resulting from the outside business or employment
activities (or other outside activities that are not
connected to the duties of the Member, officer, or employee
as an officeholder) of the Member, officer, or employee, or
the spouse of the Member, officer, or employee, if such
benefits have not been offered or enhanced because of the
official position of the Member, officer, or employee and are
customarily provided to others in similar circumstances;
``(B) customarily provided by a prospective employer in
connection with bona fide employment discussions; or
``(C) provided by a political organization described in
section 527(e) of the Internal Revenue Code of 1986 in
connection with a fundraising or campaign event sponsored by
such an organization.
``(8) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
``(9) Informational materials that are sent to the office
of the Member, officer, or employee in the form of books,
articles, periodicals, other written materials, audiotapes,
videotapes, or other forms of communication.
``(10) Awards or prizes which are given to competitors in
contests or events open to the public, including random
drawings.
``(11) Honorary degrees (and associated travel, food,
refreshments, and entertainment) and other bona fide,
nonmonetary awards presented in recognition of public service
(and associated food, refreshments, and entertainment
provided in the presentation of such degrees and awards).
``(12) Donations of products from the State that the Member
represents that are intended primarily for promotional
purposes, such as display or free distribution, and are of
minimal value to any individual recipient.
``(13) Food, refreshments, and entertainment provided to a
Member or an employee of a Member in the Member's home State,
subject to reasonable limitations, to be established by the
Committee on Rules and Administration.
``(14) An item of little intrinsic value such as a greeting
card, baseball cap, or a T shirt.
``(15) Training (including food and refreshments furnished
to all attendees as an integral part of the training)
provided to a Member, officer, or employee, if such training
is in the interest of the Senate.
``(16) Bequests, inheritances, and other transfers at
death.
``(17) Any item, the receipt of which is authorized by the
Foreign Gifts and Decorations Act, the Mutual Educational and
Cultural Exchange Act, or any other statute.
``(18) Anything which is paid for by the Federal
Government, by a State or local government, or secured by the
Government under a Government contract.
``(19) A gift of personal hospitality of an individual, as
defined in section 109(14) of the Ethics in Government Act.
``(20) Free attendance at a widely attended event permitted
pursuant to subparagraph (d).
``(21) Opportunities and benefits which are--
``(A) available to the public or to a class consisting of
all Federal employees, whether or not restricted on the basis
of geographic consideration;
``(B) offered to members of a group or class in which
membership is unrelated to congressional employment;
``(C) offered to members of an organization, such as an
employees' association or congressional credit union, in
which membership is related to congressional employment and
similar opportunities are available to large segments of the
public through organizations of similar size;
``(D) offered to any group or class that is not defined in
a manner that specifically discriminates among Government
employees on the basis of branch of Government or type of
responsibility, or on a basis that favors those of higher
rank or rate of pay;
``(E) in the form of loans from banks and other financial
institutions on terms generally available to the public; or
``(F) in the form of reduced membership or other fees for
participation in organization activities offered to all
Government employees by professional organizations if the
only restrictions on membership relate to professional
qualifications.
``(22) A plaque, trophy, or other memento of modest value.
``(23) Anything for which, in an unusual case, a waiver is
granted by the Select Committee on Ethics.
``(d)(1) Except as prohibited by paragraph 1, a Member,
officer, or employee may accept an offer of free attendance
at a widely attended convention, conference, symposium,
forum, panel discussion, dinner, viewing, reception, or
similar event, provided by the sponsor of the event, if--
``(A) the Member, officer, or employee participates in the
event as a speaker or a panel participant, by presenting
information related to Congress or matters before Congress,
or by performing a ceremonial function appropriate to the
Member's, officer's, or employee's official position; or
``(B) attendance at the event is appropriate to the
performance of the official duties or representative function
of the Member, officer, or employee.
``(2) A Member, officer, or employee who attends an event
described in clause (1) may accept a sponsor's unsolicited
offer of free attendance at the event for an accompanying
individual if others in attendance will generally be
similarly accompanied or if such attendance is appropriate to
assist in the representation of the Senate.
``(3) Except as prohibited by paragraph 1, a Member,
officer, or employee, or the spouse or dependent thereof, may
accept a sponsor's unsolicited offer of free attendance at a
charity event, except that reimbursement for transportation
and lodging may not be accepted in connection with the event.
``(4) For purposes of this paragraph, the term `free
attendance' may include waiver of all or part of a conference
or other fee, the provision of local transportation, or the
provision of food, refreshments, entertainment, and
instructional materials furnished to all attendees as an
integral part of the event. The term does not include
entertainment collateral to the event, or food or
refreshments taken other than in a group setting with all or
substantially all other attendees.
``(e) No Member, officer, or employee may accept a gift the
value of which exceeds $250 on the basis of the personal
relationship exception in subparagraph (c)(3) or the close
personal friendship exception in section 1106(d) of the
Lobbying Disclosure Act of 1994 unless the Select Committee
on Ethics issues a written determination that one of such
exceptions applies.
``(f)(1) The Committee on Rules and Administration is
authorized to adjust the dollar amount referred to in
subparagraph (c)(5) on a periodic basis, to the extent
necessary to adjust for inflation.
``(2) The Select Committee on Ethics shall provide guidance
setting forth reasonable steps that may be taken by Members,
officers, and employees, with a minimum of paperwork and
time, to prevent the acceptance of prohibited gifts from
lobbyists.
``(3) When it is not practicable to return a tangible item
because it is perishable, the item may, at the discretion of
the recipient, be given to an appropriate charity or
destroyed.
``3. (a)(1) Except as prohibited by paragraph 1, a
reimbursement (including payment in kind) to a Member,
officer, or employee for necessary transportation, lodging
and related expenses for travel to a meeting, speaking
engagement, factfinding trip or similar event in connection
with the duties of the Member, officer, or employee as an
officeholder shall be deemed to be a reimbursement to the
Senate and not a gift prohibited by this Rule, if the Member,
officer, or employee--
``(A) in the case of an employee, receives advance
authorization, from the Member or officer under whose direct
supervision the employee works, to accept reimbursement, and
``(B) discloses the expenses reimbursed or to be reimbursed
and the authorization to the Secretary of the Senate within
30 days after the travel is completed.
``(2) For purposes of clause (1), events, the activities of
which are substantially recreational in nature, shall not be
considered to be in connection with the duties of a Member,
officer, or employee as an officeholder.
``(b) Each advance authorization to accept reimbursement
shall be signed by the Member or officer under whose direct
supervision the employee works and shall include--
``(1) the name of the employee;
``(2) the name of the person who will make the
reimbursement;
``(3) the time, place, and purpose of the travel; and
``(4) a determination that the travel is in connection with
the duties of the employee as an officeholder and would not
create the appearance that the employee is using public
office for private gain.
``(c) Each disclosure made under subparagraph (a)(1) of
expenses reimbursed or to be reimbursed shall be signed by
the Member or officer (in the case of travel by that Member
or officer) or by the Member or officer under whose direct
supervision the employee works (in the case of travel by an
employee) and shall include--
``(1) a good faith estimate of total transportation
expenses reimbursed or to be reimbursed;
``(2) a good faith estimate of total lodging expenses
reimbursed or to be reimbursed;
``(3) a good faith estimate of total meal expenses
reimbursed or to be reimbursed;
``(4) a good faith estimate of the total of other expenses
reimbursed or to be reimbursed;
``(5) a determination that all such expenses are necessary
transportation, lodging, and related expenses as defined in
this paragraph; and
``(6) in the case of a reimbursement to a Member or
officer, a determination that the travel was in connection
with the duties of the Member or officer as an officeholder
and would not create the appearance that the
[[Page S149]] Member or officer is using public office for
private gain.
``(d) For the purposes of this paragraph, the term
`necessary transportation, lodging, and related expenses'--
``(1) includes reasonable expenses that are necessary for
travel for a period not exceeding 3 days exclusive of travel
time within the United States or 7 days exclusive of travel
time outside of the United States unless approved in advance
by the Select Committee on Ethics;
``(2) is limited to reasonable expenditures for
transportation, lodging, conference fees and materials, and
food and refreshments, including reimbursement for necessary
transportation, whether or not such transportation occurs
within the periods described in clause (1);
``(3) does not include expenditures for recreational
activities, or entertainment other than that provided to all
attendees as an integral part of the event; and
``(4) may include travel expenses incurred on behalf of
either the spouse or a child of the Member, officer, or
employee, subject to a determination signed by the Member or
officer (or in the case of an employee, the Member or officer
under whose direct supervision the employee works) that the
attendance of the spouse or child is appropriate to assist in
the representation of the Senate.
``(e) The Secretary of the Senate shall make available to
the public all advance authorizations and disclosures of
reimbursement filed pursuant to subparagraph (a) as soon as
possible after they are received.''.
SEC. 1202. AMENDMENTS TO HOUSE RULES.
Clause 4 of rule XLIII of the Rules of the House of
Representatives is amended to read as follows:
``4. (a) No Member, officer, or employee of the House of
Representatives shall accept a gift, knowing that such gift
is provided directly or indirectly by a registered lobbyist,
a lobbying firm, or an agent of a foreign principal in
violation of the Lobbying Disclosure Act of 1994.
``(b) In addition to the restriction on receiving gifts
from registered lobbyists, lobbying firms, and agents of
foreign principals provided by paragraph (a) and except as
provided in this Rule, no Member, officer, or employee of the
House of Representatives shall knowingly accept a gift from
any other person.
``(c)(1) For the purpose of this clause, the term `gift'
means any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having monetary
value. The term includes gifts of services, training,
transportation, lodging, and meals, whether provided in kind,
by purchase of a ticket, payment in advance, or reimbursement
after the expense has been incurred.
``(2) A gift to the spouse or dependent of a Member,
officer, or employee (or a gift to any other individual based
on that individual's relationship with the Member, officer,
or employee) shall be considered a gift to the Member,
officer, or employee if it is given with the knowledge and
acquiescence of the Member, officer, or employee and the
Member, officer, or employee has reason to believe the gift
was given because of the official position of the Member,
officer, or employee.
``(d) The restrictions in paragraph (b) shall not apply to
the following:
``(1) Anything for which the Member, officer, or employee
pays the market value, or does not use and promptly returns
to the donor.
``(2) A contribution, as defined in the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully
made under that Act, or attendance at a fundraising event
sponsored by a political organization described in section
527(e) of the Internal Revenue Code of 1986.
``(3) Anything provided by an individual on the basis of a
personal or family relationship unless the Member, officer,
or employee has reason to believe that, under the
circumstances, the gift was provided because of the official
position of the Member, officer, or employee and not because
of the personal or family relationship. The Committee on
Standards of Official Conduct shall provide guidance on the
applicability of this clause and examples of circumstances
under which a gift may be accepted under this exception.
``(4) A contribution or other payment to a legal expense
fund established for the benefit of a Member, officer, or
employee, that is otherwise lawfully made, if the person
making the contribution or payment is identified for the
Committee on Standards of Official Conduct.
``(5) Any food or refreshments which the recipient
reasonably believes to have a value of less than $20.
``(6) Any gift from another Member, officer, or employee of
the Senate or the House of Representatives.
``(7) Food, refreshments, lodging, and other benefits--
``(A) resulting from the outside business or employment
activities (or other outside activities that are not
connected to the duties of the Member, officer, or employee
as an officeholder) of the Member, officer, or employee, or
the spouse of the Member, officer, or employee, if such
benefits have not been offered or enhanced because of the
official position of the Member, officer, or employee and are
customarily provided to others in similar circumstances;
``(B) customarily provided by a prospective employer in
connection with bona fide employment discussions; or
``(C) provided by a political organization described in
section 527(e) of the Internal Revenue Code of 1986 in
connection with a fundraising or campaign event sponsored by
such an organization.
``(8) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
``(9) Informational materials that are sent to the office
of the Member, officer, or employee in the form of books,
articles, periodicals, other written materials, audiotapes,
videotapes, or other forms of communication.
``(10) Awards or prizes which are given to competitors in
contests or events open to the public, including random
drawings.
``(11) Honorary degrees (and associated travel, food,
refreshments, and entertainment) and other bona fide,
nonmonetary awards presented in recognition of public service
(and associated food, refreshments, and entertainment
provided in the presentation of such degrees and awards).
``(12) Donations of products from the State that the Member
represents that are intended primarily for promotional
purposes, such as display or free distribution, and are of
minimal value to any individual recipient.
``(13) Food, refreshments, and entertainment provided to a
Member or an employee of a Member in the Member's home State,
subject to reasonable limitations, to be established by the
Committee on Standards of Official Conduct.
``(14) An item of little intrinsic value such as a greeting
card, baseball cap, or a T shirt.
``(15) Training (including food and refreshments furnished
to all attendees as an integral part of the training)
provided to a Member, officer, or employee, if such training
is in the interest of the House of Representatives.
``(16) Bequests, inheritances, and other transfers at
death.
``(17) Any item, the receipt of which is authorized by the
Foreign Gifts and Decorations Act, the Mutual Educational and
Cultural Exchange Act, or any other statute.
``(18) Anything which is paid for by the Federal
Government, by a State or local government, or secured by the
Government under a Government contract.
``(19) A gift of personal hospitality of an individual, as
defined in section 109(14) of the Ethics in Government Act.
``(20) Free attendance at a widely attended event permitted
pursuant to paragraph (e).
``(21) Opportunities and benefits which are--
``(A) available to the public or to a class consisting of
all Federal employees, whether or not restricted on the basis
of geographic consideration;
``(B) offered to members of a group or class in which
membership is unrelated to congressional employment;
``(C) offered to members of an organization, such as an
employees' association or congressional credit union, in
which membership is related to congressional employment and
similar opportunities are available to large segments of the
public through organizations of similar size;
``(D) offered to any group or class that is not defined in
a manner that specifically discriminates among Government
employees on the basis of branch of Government or type of
responsibility, or on a basis that favors those of higher
rank or rate of pay;
``(E) in the form of loans from banks and other financial
institutions on terms generally available to the public; or
``(F) in the form of reduced membership or other fees for
participation in organization activities offered to all
Government employees by professional organizations if the
only restrictions on membership relate to professional
qualifications.
``(22) A plaque, trophy, or other memento of modest value.
``(23) Anything for which, in exceptional circumstances, a
waiver is granted by the Committee on Standards of Official
Conduct.
``(e)(1) Except as prohibited by paragraph (a), a Member,
officer, or employee may accept an offer of free attendance
at a widely attended convention, conference, symposium,
forum, panel discussion, dinner, viewing, reception, or
similar event, provided by the sponsor of the event, if--
``(A) the Member, officer, or employee participates in the
event as a speaker or a panel participant, by presenting
information related to Congress or matters before Congress,
or by performing a ceremonial function appropriate to the
Member's, officer's, or employee's official position; or
``(B) attendance at the event is appropriate to the
performance of the official duties or representative function
of the Member, officer, or employee.
``(2) A Member, officer, or employee who attends an event
described in subparagraph (1) may accept a sponsor's
unsolicited offer of free attendance at the event for an
accompanying individual if others in attendance will
generally be similarly accompanied or if such attendance is
appropriate to assist in the representation of the House of
Representatives.
``(3) Except as prohibited by paragraph (a), a Member,
officer, or employee, or the spouse or dependent thereof, may
accept a sponsor's unsolicited offer of free attendance at a
charity event, except that reimbursement for transportation
and lodging may not be accepted in connection with the event.
``(4) For purposes of this paragraph, the term `free
attendance' may include waiver of all or part of a conference
or other fee, the
[[Page S150]] provision of local transportation, or the
provision of food, refreshments, entertainment, and
instructional materials furnished to all attendees as an
integral part of the event. The term does not include
entertainment collateral to the event, or food or
refreshments taken other than in a group setting with all or
substantially all other attendees.
``(f) No Member, officer, or employee may accept a gift the
value of which exceeds $250 on the basis of the personal
relationship exception in paragraph (d)(3) or the close
personal friendship exception in section 1106(d) of the
Lobbying Disclosure Act of 1994 unless the Committee on
Standards of Official Conduct issues a written determination
that one of such exceptions applies.
``(g)(1) The Committee on Standards of Official Conduct is
authorized to adjust the dollar amount referred to in
paragraph (c)(5) on a periodic basis, to the extent necessary
to adjust for inflation.
``(2) The Committee on Standards of Official Conduct shall
provide guidance setting forth reasonable steps that may be
taken by Members, officers, and employees, with a minimum of
paperwork and time, to prevent the acceptance of prohibited
gifts from lobbyists.
``(3) When it is not practicable to return a tangible item
because it is perishable, the item may, at the discretion of
the recipient, be given to an appropriate charity or
destroyed.
``(h)(1)(A) Except as prohibited by paragraph (a), a
reimbursement (including payment in kind) to a Member,
officer, or employee for necessary transportation, lodging
and related expenses for travel to a meeting, speaking
engagement, factfinding trip or similar event in connection
with the duties of the Member, officer, or employee as an
officeholder shall be deemed to be a reimbursement to the
House of Representatives and not a gift prohibited by this
paragraph, if the Member, officer, or employee--
``(i) in the case of an employee, receives advance
authorization, from the Member or officer under whose direct
supervision the employee works, to accept reimbursement, and
``(ii) discloses the expenses reimbursed or to be
reimbursed and the authorization to the Clerk of the House of
Representatives within 30 days after the travel is completed.
``(B) For purposes of clause (A), events, the activities of
which are substantially recreational in nature, shall not be
considered to be in connection with the duties of a Member,
officer, or employee as an officeholder.
``(2) Each advance authorization to accept reimbursement
shall be signed by the Member or officer under whose direct
supervision the employee works and shall include--
``(A) the name of the employee;
``(B) the name of the person who will make the
reimbursement;
``(C) the time, place, and purpose of the travel; and
``(D) a determination that the travel is in connection with
the duties of the employee as an officeholder and would not
create the appearance that the employee is using public
office for private gain.
``(3) Each disclosure made under subparagraph (1)(A) of
expenses reimbursed or to be reimbursed shall be signed by
the Member or officer (in the case of travel by that Member
or officer) or by the Member or officer under whose direct
supervision the employee works (in the case of travel by an
employee) and shall include--
``(A) a good faith estimate of total transportation
expenses reimbursed or to be reimbursed;
``(B) a good faith estimate of total lodging expenses
reimbursed or to be reimbursed;
``(C) a good faith estimate of total meal expenses
reimbursed or to be reimbursed;
``(D) a good faith estimate of the total of other expenses
reimbursed or to be reimbursed;
``(E) a determination that all such expenses are necessary
transportation, lodging, and related expenses as defined in
this paragraph; and
``(F) in the case of a reimbursement to a Member or
officer, a determination that the travel was in connection
with the duties of the Member or officer as an officeholder
and would not create the appearance that the Member or
officer is using public office for private gain.
``(4) For the purposes of this paragraph, the term
`necessary transportation, lodging, and related expenses'--
``(A) includes reasonable expenses that are necessary for
travel--
``(i) for a period not exceeding 4 days including travel
time within the United States or 7 days in addition to travel
time outside the United States; and
``(ii) within 24 hours before or after participation in an
event in the United States or within 48 hours before or after
participation in an event outside the United States,
unless approved in advance by the Committee on Standards of
Official Conduct;
``(B) is limited to reasonable expenditures for
transportation, lodging, conference fees and materials, and
food and refreshments, including reimbursement for necessary
transportation, whether or not such transportation occurs
within the periods described in clause (A);
``(C) does not include expenditures for recreational
activities or entertainment other than that provided to all
attendees as an integral part of the event; and
``(D) may include travel expenses incurred on behalf of
either the spouse or a child of the Member, officer, or
employee, subject to a determination signed by the Member or
officer (or in the case of an employee, the Member or officer
under whose direct supervision the officer or employee works)
that the attendance of the spouse or child is appropriate to
assist in the representation of the House of Representatives.
``(5) The Clerk of the House of Representatives shall make
available to the public all advance authorizations and
disclosures of reimbursement filed pursuant to subparagraph
(1) as soon as possible after they are received.''.
SEC. 1203. MISCELLANEOUS PROVISIONS.
(a) Amendments to the Ethics in Government Act.--Section
102(a)(2)(B) of the Ethics in Government Act (5 U.S.C. 102,
App. 6) is amended by adding at the end thereof the
following: ``Reimbursements accepted by a Federal agency
pursuant to section 1353 of title 31, United States Code, or
deemed accepted by the Senate or the House of Representatives
pursuant to Rule XXXV of the Standing Rules of the Senate or
clause 4 of Rule XLIII of the Rules of the House of
Representatives shall be reported as required by such statute
or rule and need not be reported under this section.''.
(b) Repeal of Obsolete Provision.--Section 901 of the
Ethics Reform Act of 1989 (2 U.S.C. 31-2) is repealed.
(c) Senate Provisions.--
(1) Authority of the committee on rules and
administration.--The Senate Committee on Rules and
Administration, on behalf of the Senate, may accept gifts
provided they do not involve any duty, burden, or condition,
or are not made dependent upon some future performance by the
United States. The Committee on Rules and Administration is
authorized to promulgate regulations to carry out this
section.
(2) Food, refreshments, and entertainment.--The rules on
acceptance of food, refreshments, and entertainment provided
to a Member of the Senate or an employee of such a Member in
the Member's home State before the adoption of reasonable
limitations by the Committee on Rules and Administration
shall be the rules in effect on the day before the effective
date of this title.
(d) House Provision.--The rules on acceptance of food,
refreshments, and entertainment provided to a Member of the
House of Representatives or an employee of such a Member in
the Member's home State before the adoption of reasonable
limitations by the Committee on Standards of Official Conduct
shall be the rules in effect on the day before the effective
date of this title.
SEC. 1204. EXERCISE OF CONGRESSIONAL RULEMAKING POWERS.
Sections 1201, 1202, 1203(c), and 1203(d) of this title are
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and pursuant
to section 7353(b)(1) of title 5, United States Code, and
accordingly, they shall be considered as part of the rules of
each House, respectively, or of the House to which they
specifically apply, and such rules shall supersede other
rules only to the extent that they are inconsistent
therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (insofar as they relate to
that House) at any time and in the same manner and to the
same extent as in the case of any other rule of that House.
SEC. 1205. EFFECTIVE DATE.
This title and the amendments made by this subtitle shall
take effect on May 31, 1995.
DIVISION C--CAMPAIGN FINANCE REFORM
TITLE I--CONGRESSIONAL CAMPAIGN SPENDING LIMIT AND ELECTION REFORM
SEC. 10000. SHORT TITLE; AMENDMENT OF CAMPAIGN ACT; TABLE OF
CONTENTS.
(a) Short Title.--This title may be cited as the
``Congressional Campaign Spending Limit and Election Reform
Act of 1995''.
(b) Amendment of FECA.--When used in this title, the term
``FECA'' means the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.).
(c) Table of Contents.--
DIVISION C--CAMPAIGN FINANCE REFORM
TITLE X--CONGRESSIONAL CAMPAIGN SPENDING LIMIT AND ELECTION REFORM
Sec. 10000. Short title; amendment of Campaign Act; table of contents.
Subtitle A--Control of Congressional Campaign Spending
Part I--Senate Election Campaign Spending Limits and Benefits
Sec. 10001. Senate spending limits and benefits.
Sec. 10002. Ban on activities of political action committees in Senate
elections.
Sec. 10003. Reporting requirements.
Sec. 10004. Disclosure by noneligible candidates.
Sec. 10005. Excess campaign funds of Senate candidates.
Part II--General Provisions
Sec. 10011. Broadcast rates and preemption.
Sec. 10012. Reporting requirements for certain independent
expenditures.
Sec. 10013. Campaign advertising amendments.
[[Page S151]] Sec. 10014. Definitions.
Sec. 10015. Provisions relating to franked mass mailings.
Subtitle B--Independent Expenditures
Sec. 10021. Clarification of definitions relating to independent
expenditures.
Sec. 10022. Equal broadcast time.
Subtitle C--Expenditures
Part I--Personal Loans; Credit
Sec. 10031. Personal contributions and loans.
Sec. 10032. Extensions of credit.
Part II--Provisions Relating to Soft Money of Political Parties
Sec. 10033. Definitions.
Sec. 10034. Contributions to political party committees.
Sec. 10035. Provisions relating to national, State, and local party
committees.
Sec. 10036. Restrictions on fundraising by candidates and
officeholders.
Sec. 10037. Reporting requirements.
Subtitle D--Contributions
Sec. 10041. Contributions through intermediaries and conduits;
prohibition on certain contributions by lobbyists.
Sec. 10042. Contributions by dependents not of voting age.
Sec. 10043. Contributions to candidates from State and local committees
of political parties to be aggregated.
Sec. 10044. Contributions and expenditures using money secured by
physical force or other intimidation.
Sec. 10045. Prohibition of acceptance by a candidate of cash
contributions from any one person aggregating more than
$100.
Subtitle E--Miscellaneous
Sec. 10051. Prohibition of leadership committees.
Sec. 10052. Telephone voting by persons with disabilities.
Sec. 10053. Certain tax-exempt organizations not subject to corporate
limits.
Sec. 10054. Aiding and abetting violations of FECA.
Sec. 10055. Campaign advertising that refers to an opponent.
Sec. 10056. Limit on congressional use of the franking privilege.
Subtitle F--Effective Dates; Authorizations
Sec. 10061. Effective date.
Sec. 10062. Budget neutrality.
Sec. 10063. Severability.
Sec. 10064. Expedited review of constitutional issues.
Sec. 10065. Regulations.
Subtitle A--Control of Congressional Campaign Spending
PART I--SENATE ELECTION CAMPAIGN SPENDING LIMITS AND BENEFITS
SEC. 10001. SENATE SPENDING LIMITS AND BENEFITS.
(a) In General.--FECA is amended by adding at the end
thereof the following new title:
``TITLE V--SPENDING LIMITS AND BENEFITS FOR SENATE ELECTION CAMPAIGNS
``SEC. 501. CANDIDATES ELIGIBLE TO RECEIVE BENEFITS.
``(a) In General.--For purposes of this title, a candidate
is an eligible Senate candidate if the candidate--
``(1) meets the primary and general election filing
requirements of subsections (b) and (c);
``(2) meets the primary and runoff election expenditure
limits of subsection (d); and
``(3) meets the threshold contribution requirements of
subsection (e).
``(b) Primary Filing Requirements.--(1) The requirements of
this subsection are met if the candidate files with the
Secretary of the Senate a declaration that--
``(A) the candidate and the candidate's authorized
committees--
``(i) will meet the primary and runoff election expenditure
limits of subsection (d); and
``(ii) will only accept contributions for the primary and
runoff elections which do not exceed such limits;
``(B) the candidate and the candidate's authorized
committees will meet the general election expenditure limit
under section 502(b);
``(C) the candidate and the candidate's authorized
committees will meet the limitation on expenditures from
personal funds under section 502(a); and
``(D) the candidate and the candidate's authorized
committees will meet the closed captioning requirements of
section 509.
``(2) The declaration under paragraph (1) shall be filed
not later than the date the candidate files as a candidate
for the primary election.
``(c) General Election Filing Requirements.--(1) The
requirements of this subsection are met if the candidate
certifies to the Secretary of the Senate, under penalty of
perjury, that--
``(A) the candidate and the candidate's authorized
committees--
``(i) met the primary and runoff election expenditure
limits under subsection (d); and
``(ii) did not accept contributions for the primary or
runoff election in excess of the primary or runoff
expenditure limit under subsection (d), whichever is
applicable, reduced by any amounts transferred to this
election cycle from a preceding election cycle;
``(B) the candidate met the threshold contribution
requirement under subsection (e), and that only allowable
contributions were taken into account in meeting such
requirement;
``(C) at least one other candidate has qualified for the
same general election ballot under the law of the State
involved;
``(D) such candidate and the authorized committees of such
candidate--
``(i) except as otherwise provided by this title, will not
make expenditures which exceed the general election
expenditure limit under section 502(b);
``(ii) will not accept any contributions in violation of
section 315;
``(iii) except as otherwise provided by this title, will
not accept any contribution for the general election involved
to the extent that such contribution would cause the
aggregate amount of such contributions to exceed the sum of
the amount of the general election expenditure limit under
section 502(b) and the amounts described in subsections (c),
(d), and (e) of section 502, reduced by any amounts
transferred to this election cycle from a previous election
cycle and not taken into account under subparagraph (A)(ii);
``(iv) will deposit all payments received under this title
in an account insured by the Federal Deposit Insurance
Corporation from which funds may be withdrawn by check or
similar means of payment to third parties;
``(v) will furnish campaign records, evidence of
contributions, and other appropriate information to the
Commission;
``(vi) will cooperate in the case of any audit and
examination by the Commission under section 505 and will pay
any amounts required to be paid under that section; and
``(vii) will meet the closed captioning requirements of
section 509; and
``(E) the candidate intends to make use of the benefits
provided under section 503.
``(2) The certification under paragraph (1) shall be filed
not later than 7 days after the earlier of--
``(A) the date the candidate qualifies for the general
election ballot under State law; or
``(B) if, under State law, a primary or runoff election to
qualify for the general election ballot occurs after
September 1, the date the candidate wins the primary or
runoff election.
``(d) Primary and Runoff Expenditure Limits.--(1) The
requirements of this subsection are met if:
``(A) The candidate or the candidate's authorized
committees did not make expenditures for the primary election
in excess of the lesser of--
``(i) 67 percent of the general election expenditure limit
under section 502(b); or
``(ii) $2,750,000.
``(B) The candidate and the candidate's authorized
committees did not make expenditures for any runoff election
in excess of 20 percent of the general election expenditure
limit under section 502(b).
``(2) The limitations under subparagraphs (A) and (B) of
paragraph (1) with respect to any candidate shall be
increased by the aggregate amount of independent expenditures
in opposition to, or on behalf of any opponent of, such
candidate during the primary or runoff election period,
whichever is applicable, which are required to be reported to
the Secretary of the Senate or to the Commission with respect
to such period under section 304.
``(3)(A) If the contributions received by the candidate or
the candidate's authorized committees for the primary
election or runoff election exceed the expenditures for
either such election, such excess contributions shall be
treated as contributions for the general election and
expenditures for the general election may be made from such
excess contributions.
``(B) Subparagraph (A) shall not apply to the extent that
such treatment of excess contributions--
``(i) would result in the violation of any limitation under
section 315; or
``(ii) would cause the aggregate contributions received for
the general election to exceed the limits under subsection
(c)(1)(D)(iii).
``(e) Threshold Contribution Requirements.--(1) The
requirements of this subsection are met if the candidate and
the candidate's authorized committees have received allowable
contributions during the applicable period in an amount at
least equal to 5 percent of the general election expenditure
limit under section 502(b).
``(2) For purposes of this section and subsections (b) and
(c) of section 503--
``(A) The term `allowable contributions' means
contributions which are made as gifts of money by an
individual pursuant to a written instrument identifying such
individual as the contributor.
``(B) The term `allowable contributions' shall not
include--
``(i) contributions made directly or indirectly through an
intermediary or conduit which are treated as made by such
intermediary or conduit under section 315(a)(8)(B);
``(ii) contributions from any individual during the
applicable period to the extent such contributions exceed
$250; or
``(iii) contributions from individuals residing outside the
candidate's State.
Clauses (ii) and (iii) shall not apply for purposes of
section 503(b).
[[Page S152]] ``(3) For purposes of this subsection and
subsections (b) and (c) of section 503, the term `applicable
period' means--
``(A) the period beginning on January 1 of the calendar
year preceding the calendar year of the general election
involved and ending on--
``(i) the date on which the certification under subsection
(c) is filed by the candidate; or
``(ii) for purposes of subsections (b) and (c) of section
503, the date of such general election; or
``(B) in the case of a special election for the office of
United States Senator, the period beginning on the date the
vacancy in such office occurs and ending on the date of the
general election involved.
``(f) Indexing.--The $2,750,000 amount under subsection
(d)(1) shall be increased as of the beginning of each
calendar year based on the increase in the price index
determined under section 315(c), except that, for purposes of
subsection (d)(1) and section 502(b)(3), the base period
shall be calendar year 1996.
``SEC. 502. LIMITATIONS ON EXPENDITURES.
``(a) Limitation on Use of Personal Funds.--(1) The
aggregate amount of expenditures which may be made during an
election cycle by an eligible Senate candidate or such
candidate's authorized committees from the sources described
in paragraph (2) shall not exceed $25,000.
``(2) A source is described in this paragraph if it is--
``(A) personal funds of the candidate and members of the
candidate's immediate family; or
``(B) personal debt incurred by the candidate and members
of the candidate's immediate family.
``(b) General Election Expenditure Limit.--(1) Except as
otherwise provided in this title, the aggregate amount of
expenditures for a general election by an eligible Senate
candidate and the candidate's authorized committees shall not
exceed the lesser of--
``(A) $5,500,000; or
``(B) the greater of--
``(i) $1,200,000; or
``(ii) $400,000; plus
``(I) 30 cents multiplied by the voting age population not
in excess of 4,000,000; and
``(II) 25 cents multiplied by the voting age population in
excess of 4,000,000.
``(2) In the case of an eligible Senate candidate in a
State which has no more than 1 transmitter for a commercial
Very High Frequency (VHF) television station licensed to
operate in that State, paragraph (1)(B)(ii) shall be applied
by substituting--
``(A) `80 cents' for `30 cents' in subclause (I); and
``(B) `70 cents' for `25 cents' in subclause (II).
``(3) The amount otherwise determined under paragraph (1)
for any calendar year shall be increased by the same
percentage as the percentage increase for such calendar year
under section 501(f) (relating to indexing).
``(c) Legal and Accounting Compliance Fund.--(1) The
limitation under subsection (b) shall not apply to qualified
legal and accounting expenditures made by a candidate or the
candidate's authorized committees or a Federal officeholder
from a legal and accounting compliance fund meeting the
requirements of paragraph (2).
``(2) A legal and accounting compliance fund meets the
requirements of this paragraph if--
``(A) the fund is established with respect to qualified
legal and accounting expenditures incurred with respect to a
particular general election;
``(B) the only amounts transferred to the fund are amounts
received in accordance with the limitations, prohibitions,
and reporting requirements of this Act;
``(C) the aggregate amounts transferred to, and
expenditures made from, the fund with respect to the election
cycle do not exceed the sum of--
``(i) the lesser of--
``(I) 15 percent of the general election expenditure limit
under subsection (b) for the general election for which the
fund was established; or
``(II) $300,000; plus
``(ii) the amount determined under paragraph (4); and
``(D) no funds received by the candidate pursuant to
section 503(a)(3) may be transferred to the fund.
``(3) For purposes of this subsection, the term `qualified
legal and accounting expenditures' means the following:
``(A) Any expenditures for costs of legal and accounting
services provided in connection with--
``(i) any administrative or court proceeding initiated
pursuant to this Act for the general election for which the
legal and accounting fund was established; or
``(ii) the preparation of any documents or reports required
by this Act or the Commission.
``(B) Any expenditures for legal and accounting services
provided in connection with the general election for which
the legal and accounting compliance fund was established to
ensure compliance with this Act with respect to the election
cycle for such general election.
``(4)(A) If, after a general election, a candidate
determines that the qualified legal and accounting
expenditures will exceed the limitation under paragraph
(2)(C)(i), the candidate may petition the Commission by
filing with the Secretary of the Senate a request for an
increase in such limitation. The Commission shall authorize
an increase in such limitation in the amount (if any) by
which the Commission determines the qualified legal and
accounting expenditures exceed such limitation. Such
determination shall be subject to judicial review under
section 506.
``(B) Except as provided in section 315, any contribution
received or expenditure made pursuant to this paragraph shall
not be taken into account for any contribution or expenditure
limit applicable to the candidate under this title.
``(5) Any funds in a legal and accounting compliance fund
shall be treated for purposes of this Act as a separate
segregated fund, except that any portion of the fund not used
to pay qualified legal and accounting expenditures, and not
transferred to a legal and accounting compliance fund for the
election cycle for the next general election, shall be
treated in the same manner as other campaign funds for
purposes of section 313(b).
``(d) Payment of Taxes on Earnings.--The limitation under
subsection (b) shall not apply to any expenditure for
Federal, State, or local income taxes on the earnings of a
candidate's authorized committees.
``(e) Certain Expenses.--In the case of an eligible Senate
candidate who holds a Federal office, the limitation under
subsection (b) shall not apply to ordinary and necessary
expenses of travel of such individual and the individual's
spouse and children between Washington, D.C. and the
individual's State in connection with the individual's
activities as a holder of Federal office.
``(f) Expenditures.--For purposes of this title, the term
`expenditure' has the meaning given such term by section
301(9), except that in determining any expenditures made by,
or on behalf of, a candidate or a candidate's authorized
committees, section 301(9)(B) shall be applied without regard
to clause (ii) thereof.
``SEC. 503. BENEFITS ELIGIBLE CANDIDATE ENTITLED TO RECEIVE.
``(a) In General.--An eligible Senate candidate shall be
entitled to--
``(1) the broadcast media rates provided under section
315(b) of the Communications Act of 1934; and
``(2) payments in an amount equal to--
``(A) the excess expenditure amount determined under
subsection (b); and
``(B) the independent expenditure amount determined under
subsection (c).
``(b) Excess Expenditure Amount.--(1) For purposes of
subsection (a)(2)(A), except as provided in section 510(b),
the amount determined under this subsection is, in the case
of an eligible Senate candidate who has an opponent in the
general election who receives contributions, or makes (or
obligates to make) expenditures, for such election in excess
of the general election expenditure limit under section
502(b), the excess expenditure amount.
``(2) For purposes of paragraph (1), the excess expenditure
amount is the amount determined as follows:
``(A) In the case of a major party candidate, an amount
equal to the sum of--
``(i) if the excess described in paragraph (1) is less than
133\1/3\ percent of the general election expenditure limit
under section 502(b), an amount equal to one-third of such
limit applicable to the eligible Senate candidate for the
election; plus
``(ii) if such excess equals or exceeds 133\1/3\ percent
but is less than 166\2/3\ percent of such limit, an amount
equal to one-third of such limit; plus
``(iii) if such excess equals or exceeds 166\2/3\ percent
of such limit, an amount equal to one-third of such limit.
``(B) In the case of an eligible Senate candidate who is
not a major party candidate, an amount equal to the least of
the following:
``(i) The allowable contributions of the eligible Senate
candidate during the applicable period in excess of the
threshold contribution requirement under section 501(e).
``(ii) 50 percent of the general election expenditure limit
applicable to the eligible Senate candidate under section
502(b).
``(iii) The excess described in paragraph (1).
``(c) Independent Expenditure Amount.--For purposes of
subsection (a)(2)(B), the amount determined under this
subsection is the total amount of independent expenditures
made, or obligated to be made, during the general election
period by 1 or more persons in opposition to, or on behalf of
an opponent of, an eligible Senate candidate which are
required to be reported by such persons under section 304(c)
with respect to the general election period and are certified
by the Commission under section 304(c).
``(d) Waiver of Expenditure and Contribution Limits.--
(1)(A) An eligible Senate candidate who receives payments
under subsection (a)(2) may make expenditures from such
payments to defray expenditures for the general election
without regard to the general election expenditure limit
under section 502(b).
``(B) In the case of an eligible Senate candidate who is
not a major party candidate, the general election expenditure
limit under section 502(b) with respect to such candidate
shall be increased by the amount (if any) by which the excess
described in subsection (b)(1) exceeds the amount determined
under subsection (b)(2)(B) with respect to such candidate.
``(2)(A) An eligible Senate candidate who receives benefits
under this section may make expenditures for the general
election
[[Page S153]] without regard to clause (i) of section
501(c)(1)(D) or subsection (a) or (b) of section 502 if any
one of the eligible Senate candidate's opponents who is not
an eligible Senate candidate either raises aggregate
contributions, or makes or becomes obligated to make
aggregate expenditures, for the general election that exceed
200 percent of the general election expenditure limit
applicable to the eligible Senate candidate under section
502(b).
``(B) The amount of the expenditures which may be made by
reason of subparagraph (A) shall not exceed 100 percent of
the general election expenditure limit under section 502(b).
``(3)(A) A candidate who receives benefits under this
section may receive contributions for the general election
without regard to clause (iii) of section 501(c)(1)(D) if--
``(i) a major party candidate in the same general election
is not an eligible Senate candidate; or
``(ii) any other candidate in the same general election who
is not an eligible Senate candidate raises aggregate
contributions, or makes or becomes obligated to make
aggregate expenditures, for the general election that exceed
75 percent of the general election expenditure limit
applicable to such other candidate under section 502(b).
``(B) The amount of contributions which may be received by
reason of subparagraph (A) shall not exceed 100 percent of
the general election expenditure limit under section 502(b).
``(e) Use of Payments.--Payments received by a candidate
under subsection (a)(2) shall be used to defray expenditures
incurred with respect to the general election period for the
candidate. Such payments shall not be used--
``(1) except as provided in paragraph (4), to make any
payments, directly or indirectly, to such candidate or to any
member of the immediate family of such candidate;
``(2) to make any expenditure other than expenditures to
further the general election of such candidate;
``(3) to make any expenditures which constitute a violation
of any law of the United States or of the State in which the
expenditure is made; or
``(4) subject to the provisions of section 315(j), to repay
any loan to any person except to the extent the proceeds of
such loan were used to further the general election of such
candidate.
``SEC. 504. CERTIFICATION BY COMMISSION.
``(a) In General.--(1) The Commission shall certify to any
candidate meeting the requirements of section 501 that such
candidate is an eligible Senate candidate entitled to
benefits under this title. The Commission shall revoke such
certification if it determines a candidate fails to continue
to meet such requirements.
``(2) No later than 48 hours after an eligible Senate
candidate files a request with the Secretary of the Senate to
receive benefits under section 503, the Commission shall
issue a certification stating whether such candidate is
eligible for payments under this title and the amount of such
payments to which such candidate is entitled. The request
referred to in the preceding sentence shall contain--
``(A) such information and be made in accordance with such
procedures as the Commission may provide by regulation; and
``(B) a verification signed by the candidate and the
treasurer of the principal campaign committee of such
candidate stating that the information furnished in support
of the request, to the best of their knowledge, is correct
and fully satisfies the requirements of this title.
``(b) Determinations by Commission.--All determinations
(including certifications under subsection (a)) made by the
Commission under this title shall be final and conclusive,
except to the extent that they are subject to examination and
audit by the Commission under section 505 and judicial review
under section 506.
``SEC. 505. EXAMINATIONS AND AUDITS; REPAYMENTS; CIVIL
PENALTIES.
``(a) Examinations and Audits.--(1) After each general
election, the Commission shall conduct an examination and
audit of the campaign accounts of 5 percent of the eligible
Senate and House of Representatives candidates, as designated
by the Commission through the use of an appropriate
statistical method of random selection, to determine whether
such candidates have complied with the conditions of
eligibility and other requirements of this title. The
Commission shall conduct an examination and audit of the
accounts of all candidates for election to an office where
any eligible candidate for the office is selected for
examination and audit.
``(2) After each special election involving an eligible
candidate, the Commission shall conduct an examination and
audit of the campaign accounts of all candidates in the
election to determine whether the candidates have complied
with the conditions of eligibility and other requirements of
this Act.
``(3) The Commission may conduct an examination and audit
of the campaign accounts of any eligible Senate or House of
Representatives candidate in a general election if the
Commission determines that there exists reason to believe
whether such candidate may have violated any provision of
this title.
``(b) Excess Payments; Revocation of Status.--(1) If the
Commission determines that payments were made to an eligible
Senate candidate under this title in excess of the aggregate
amounts to which such candidate was entitled, the Commission
shall so notify such candidate, and such candidate shall pay
an amount equal to the excess.
``(2) If the Commission revokes the certification of a
candidate as an eligible Senate candidate under section
504(a)(1), the Commission shall notify the candidate, and the
candidate shall pay an amount equal to the payments received
under this title.
``(c) Misuse of Benefits.--If the Commission determines
that any amount of any benefit made available to an eligible
Senate candidate under this title was not used as provided
for in this title, the Commission shall so notify such
candidate and such candidate shall pay the amount of such
benefit.
``(d) Excess Expenditures.--If the Commission determines
that any eligible Senate candidate who has received benefits
under this title has made expenditures which in the aggregate
exceed--
``(1) the primary or runoff expenditure limit under section
501(d); or
``(2) the general election expenditure limit under section
502(b),
the Commission shall so notify such candidate and such
candidate shall pay an amount equal to the amount of the
excess expenditures.
``(e) Civil Penalties.--(1) If the Commission determines
that a candidate has committed a violation described in
subsection (c), the Commission may assess a civil penalty
against such candidate in an amount not greater than 200
percent of the amount involved.
``(2)(A) Low amount of excess expenditures.--Any eligible
Senate candidate who makes expenditures that exceed any
limitation described in paragraph (1) or (2) of subsection
(d) by 2.5 percent or less shall pay an amount equal to the
amount of the excess expenditures.
``(B) Medium amount of excess expenditures.--Any eligible
Senate candidate who makes expenditures that exceed any
limitation described in paragraph (1) or (2) of subsection
(d) by more than 2.5 percent and less than 5 percent shall
pay an amount equal to three times the amount of the excess
expenditures.
``(C) Large amount of excess expenditures.--Any eligible
Senate candidate who makes expenditures that exceed any
limitation described in paragraph (1) or (2) of subsection
(d) by 5 percent or more shall pay an amount equal to the sum
of--
``(i) three times the amount of the excess expenditures
plus an additional amount determined by the Commission, plus
``(ii) if the Commission determines such excess
expenditures were willful, an amount equal to the benefits
the candidate received under this title.
``(f) Unexpended Funds.--Any amount received by an eligible
Senate candidate under this title and not expended on or
before the date of the general election shall be repaid
within 30 days of the election, except that a reasonable
amount may be retained for a period not exceeding 120 days
after the date of the general election for the liquidation of
all obligations to pay expenditures for the general election
incurred during the general election period. At the end of
such 120-day period, any unexpended funds received under this
title shall be promptly repaid.
``(g) Payments Returned to Source.--Any payment, repayment,
or civil penalty required by this section shall be paid to
the entity from which benefits under this title were paid to
the eligible Senate candidate.
``(h) Limit on Period for Notification.--No notification
shall be made by the Commission under this section with
respect to an election more than three years after the date
of such election.
``SEC. 506. JUDICIAL REVIEW.
``(a) Judicial Review.--Any agency action by the Commission
made under the provisions of this title shall be subject to
review by the United States Court of Appeals for the District
of Columbia Circuit upon petition filed in such court within
thirty days after the agency action by the Commission for
which review is sought. It shall be the duty of the Court of
Appeals, ahead of all matters not filed under this title, to
advance on the docket and expeditiously take action on all
petitions filed pursuant to this title.
``(b) Application of Title 5.--The provisions of chapter 7
of title 5, United States Code, shall apply to judicial
review of any agency action by the Commission.
``(c) Agency Action.--For purposes of this section, the
term `agency action' has the meaning given such term by
section 551(13) of title 5, United States Code.
``SEC. 507. PARTICIPATION BY COMMISSION IN JUDICIAL
PROCEEDINGS.
``(a) Appearances.--The Commission is authorized to appear
in and defend against any action instituted under this
section and under section 506 either by attorneys employed in
its office or by counsel whom it may appoint without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and whose
compensation it may fix without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title.
``(b) Institution of Actions.--The Commission is
authorized, through attorneys and counsel described in
subsection (a), to institute actions in the district courts
of the United States to seek recovery of any amounts
determined under this title to be payable to any entity from
which benefits under this title were paid.
[[Page S154]] ``(c) Injunctive Relief.--The Commission is
authorized, through attorneys and counsel described in
subsection (a), to petition the courts of the United States
for such injunctive relief as is appropriate in order to
implement any provision of this title.
``(d) Appeals.--The Commission is authorized on behalf of
the United States to appeal from, and to petition the Supreme
Court for certiorari to review, judgments or decrees entered
with respect to actions in which it appears pursuant to the
authority provided in this section.
``SEC. 508. REPORTS TO CONGRESS; REGULATIONS.
``(a) Reports.--The Commission shall, as soon as
practicable after each election, submit a full report to the
Senate setting forth--
``(1) the expenditures (shown in such detail as the
Commission determines appropriate) made by each eligible
Senate candidate and the authorized committees of such
candidate;
``(2) the amounts certified by the Commission under section
504 as benefits available to each eligible Senate candidate;
and
``(3) the amount of repayments, if any, required under
section 505 and the reasons for each repayment required.
Each report submitted pursuant to this section shall be
printed as a Senate document.
``(b) Rules and Regulations.--The Commission is authorized
to prescribe (in accordance with the provisions of subsection
(c)) such rules and regulations, to conduct such examinations
and investigations, and to require the keeping and submission
of such books, records, and information, as it deems
necessary to carry out the functions and duties imposed on it
by this title.
``(c) Statement to Senate.--Thirty days before prescribing
any rule or regulation under subsection (b), the Commission
shall transmit to the Senate a statement setting forth the
proposed rule or regulation and containing a detailed
explanation and justification of such rule or regulation.
``SEC. 509. CLOSED CAPTIONING REQUIREMENT FOR TELEVISION
COMMERCIALS OF ELIGIBLE SENATE CANDIDATES.
``No eligible Senate candidate may receive amounts under
section 503(a)(3) under section 503(a)(4) unless such
candidate has certified that any television commercial
prepared or distributed by the candidate will be prepared in
a manner that contains, is accompanied by, or otherwise
readily permits closed captioning of the oral content of the
commercial to be broadcast by way of line 21 of the vertical
blanking interval, or by way of comparable successor
technologies.
``SEC. 510. LIMITATIONS ON PAYMENTS.
``(a) Payments Upon Certification.--Upon receipt of a
certification from the Commission under section 504, except
as provided in subsection (b), the Secretary shall, subject
to the availability of appropriations, promptly pay the
amount certified by the Commission to the candidate.
``(b) Reductions in Payments if Funds Insufficient.--(1)
If, at the time of a certification by the Commission under
section 504 for payment to an eligible candidate, the
Secretary determines that there are not, or may not be,
sufficient funds to satisfy the full entitlement of all
eligible candidates, the Secretary shall withhold from the
amount of such payment such amount as the Secretary
determines to be necessary to assure that each eligible
candidate will receive the same pro rata share of such
candidate's full entitlement.
``(2) Amounts withheld under paragraph (1) shall be paid
when the Secretary determines that there are sufficient
monies to pay all, or a portion thereof, to all eligible
candidates from whom amounts have been withheld, except that
if only a portion is to be paid, it shall be paid in such
manner that each eligible candidate receives an equal pro
rata share of such portion.
``(3)(A) Not later than December 31 of any calendar year
preceding a calendar year in which there is a regularly
scheduled general election, the Secretary, after consultation
with the Commission, shall make an estimate of--
``(i) the amount of monies which will be available to make
payments required by this title in the succeeding calendar
year; and
``(ii) the amount of expenditures which will be required
under this title in such calendar year.
``(B) If the Secretary determines that there will be
insufficient monies to make the expenditures required by this
title for any calendar year, the Secretary shall notify each
candidate on January 1 of such calendar year (or, if later,
the date on which an individual becomes a candidate) of the
amount which the Secretary estimates will be the pro rata
reduction in each eligible candidate's payments under this
subsection. Such notice shall be by registered mail.
``(C) The amount of the eligible candidate's contribution
limit under section 501(c)(1)(D)(iii) shall be increased by
the amount of the estimated pro rata reduction.
``(4) The Secretary shall notify the Commission and each
eligible candidate by registered mail of any actual reduction
in the amount of any payment by reason of this subsection. If
the amount of the reduction exceeds the amount estimated
under paragraph (3), the candidate's contribution limit under
section 501(c)(1)(D)(iii) shall be increased by the amount of
such excess.''.
(b) Effective Dates.--(1) Except as provided in this
subsection, the amendment made by subsection (a) shall apply
to elections occurring after December 31, 1994.
(2) For purposes of any expenditure or contribution limit
imposed by the amendment made by subsection (a)--
(A) no expenditure made before January 1, 1996, shall be
taken into account, except that there shall be taken into
account any such expenditure for goods or services to be
provided after such date; and
(B) all cash, cash items, and Government securities on hand
as of January 1, 1996, shall be taken into account in
determining whether the contribution limit is met, except
that there shall not be taken into account amounts used
during the 60-day period beginning on January 1, 1996, to pay
for expenditures which were incurred (but unpaid) before such
date.
(c) Effect of Invalidity on Other Provisions of Title.--If
section 501, 502, or 503 of title V of FECA (as added by this
section), or any part thereof, is held to be invalid, all
provisions of, and amendments made by, this title shall be
treated as invalid.
SEC. 10002. BAN ON ACTIVITIES OF POLITICAL ACTION COMMITTEES
IN SENATE ELECTIONS.
(a) In General.--Title III of FECA (2 U.S.C. 431 et seq.),
as amended by section 10044, is amended by adding at the end
thereof the following new section:
``BAN ON SENATE ELECTION ACTIVITIES BY POLITICAL ACTION COMMITTEES
``Sec. 327. (a) Notwithstanding any other provision of this
Act, no person other than an individual or a political
committee may make contributions, solicit or receive
contributions, or make expenditures for the purpose of
influencing an election, or nomination for election, to the
office of United States Senator.
``(b) In the case of individuals who are executive or
administrative personnel of an employer--
``(1) no contributions may be made by such individuals--
``(A) to any political committees established and
maintained by any political party for use in an election, or
nomination for election, to the office of United States
Senator; or
``(B) to any candidate for nomination for election, or
election, to office of United States Senator or the
candidate's authorized committees,
unless such contributions are not being made at the direction
of, or otherwise controlled or influenced by, the employer;
and
``(2) the aggregate amount of such contributions by all
such individuals in any calendar year shall not exceed--
``(A) $20,000 in the case of such political committees; and
``(B) $5,000 in the case of any such candidate and the
candidate's authorized committees.''.
(b) Candidate's Committees.--(1) Section 315(a) of FECA (2
U.S.C. 441a(a)) is amended by adding at the end thereof the
following new paragraph:
``(9) For the purposes of the limitations provided by
paragraphs (1) and (2), any political committee which is
established or financed or maintained or controlled by any
candidate or Federal officeholder shall be deemed to be an
authorized committee of such candidate or officeholder.
Nothing in this paragraph shall be construed to permit the
establishment, financing, maintenance, or control of any
committee which is prohibited by paragraph (3) or (6) of
section 302(e).''.
(2) Section 302(e)(3) of FECA (2 U.S.C. 432) is amended to
read as follows:
``(3) No political committee that supports or has supported
more than one candidate may be designated as an authorized
committee, except that--
``(A) a candidate for the office of President nominated by
a political party may designate the national committee of
such political party as the candidate's principal campaign
committee, but only if that national committee maintains
separate books of account with respect to its functions as a
principal campaign committee; and
``(B) a candidate may designate a political committee
established solely for the purpose of joint fundraising by
such candidates as an authorized committee.''.
(c) Rules Applicable When Ban Not in Effect.--For purposes
of the Federal Election Campaign Act of 1971, during any
period beginning after the effective date in which the
limitation under section 327 of such Act (as added by
subsection (a)) is not in effect--
(1) the amendments made by subsections (a) and (b) shall
not be in effect;
(2) in the case of a candidate for election, or nomination
for election, to the office of United States Senator (and
such candidate's authorized committees), section 315(a)(2)(A)
of FECA (2 U.S.C. 441a(a)(2)(A)) shall be applied by
substituting ``$1,000'' for ``$5,000'';
(3) it shall be unlawful for a multicandidate political
committee to make a contribution to a candidate for election,
or nomination for election, to the office of United States
Senator (or an authorized committee) to the extent that the
making or accepting of the contribution will cause the amount
of contributions received by the candidate and the
candidate's authorized committees from multicandidate
political committees to exceed the lesser of--
(A) $825,000; or
(B) 20 percent of the aggregate Federal election spending
limits applicable to the candidate for the election cycle.
[[Page S155]] The $825,000 amount in paragraph (3) shall be
increased as of the beginning of each calendar year based on
the increase in the price index determined under section
315(c) of FECA, except that for purposes of paragraph (3),
the base period shall be the calendar year 1996. A candidate
or authorized committee that receives a contribution from a
multicandidate political committee in excess of the amount
allowed under paragraph (3) shall return the amount of such
excess contribution to the contributor.
(d) Rule Ensuring Prohibition on Direct Corporate and Labor
Spending.--If section 316(a) of the Federal Election Campaign
Act of 1971 is held to be invalid by reason of the amendments
made by this section, then the amendments made by subsections
(a) and (b) of this section shall not apply to contributions
by any political committee that is directly or indirectly
established, administered, or supported by a connected
organization which is a bank, corporation, or other
organization described in such section 316(a).
(e) Restrictions on Contributions to Political
Committees.--Paragraphs (1)(D) and (2)(D) of section 315(a)
of FECA (2 U.S.C. 441a(a) (1)(D) and (2)(D)), as redesignated
by section 312, are each amended by striking ``$5,000'' and
inserting ``$1,000''.
(f) Effective Dates.--(1) Except as provided in paragraph
(2), the amendments made by this section shall apply to
elections (and the election cycles relating thereto)
occurring after December 31, 1994.
(2) In applying the amendments made by this section, there
shall not be taken into account--
(A) contributions made or received before January 1, 1996;
or
(B) contributions made to, or received by, a candidate on
or after January 1, 1996, to the extent such contributions
are not greater than the excess (if any) of--
(i) such contributions received by any opponent of the
candidate before January 1, 1996, over
(ii) such contributions received by the candidate before
January 1, 1996.
SEC. 10003. REPORTING REQUIREMENTS.
Title III of FECA is amended by adding after section 304
the following new section:
``REPORTING REQUIREMENTS FOR SENATE CANDIDATES
``Sec. 304A. (a) Candidate Other Than Eligible Senate
Candidate.--(1) Each candidate for the office of United
States Senator who does not file a certification with the
Secretary of the Senate under section 501(c) shall file with
the Secretary of the Senate a declaration as to whether such
candidate intends to make expenditures for the general
election in excess of the general election expenditure limit
applicable to an eligible Senate candidate under section
502(b). Such declaration shall be filed at the time provided
in section 501(c)(2).
``(2) Any candidate for the United States Senate who
qualifies for the ballot for a general election--
``(A) who is not an eligible Senate candidate under section
501; and
``(B) who either raises aggregate contributions, or makes
or obligates to make aggregate expenditures, for the general
election which exceed 75 percent of the general election
expenditure limit applicable to an eligible Senate candidate
under section 502(b),
shall file a report with the Secretary of the Senate within 2
business days after such contributions have been raised or
such expenditures have been made or obligated to be made (or,
if later, within 2 business days after the date of
qualification for the general election ballot), setting forth
the candidate's total contributions and total expenditures
for such election as of such date. Thereafter, such candidate
shall file additional reports (until such contributions or
expenditures exceed 200 percent of such limit) with the
Secretary of the Senate within 2 business days after each
time additional contributions are raised, or expenditures are
made or are obligated to be made, which in the aggregate
exceed an amount equal to 10 percent of such limit and after
the total contributions or expenditures exceed 100, 133\1/3\,
166\2/3\, and 200 percent of such limit.
``(3) The Commission--
``(A) shall, within 2 business days of receipt of a
declaration or report under paragraph (1) or (2), notify each
eligible Senate candidate in the election involved about such
declaration or report; and
``(B) if an opposing candidate has raised aggregate
contributions, or made or has obligated to make aggregate
expenditures, in excess of the applicable general election
expenditure limit under section 502(b), shall certify,
pursuant to the provisions of subsection (d), such
eligibility for payment of any amount to which such eligible
Senate candidate is entitled under section 503(a).
``(4) Notwithstanding the reporting requirements under this
subsection, the Commission may make its own determination
that a candidate in a general election who is not an eligible
Senate candidate has raised aggregate contributions, or made
or has obligated to make aggregate expenditures, in the
amounts which would require a report under paragraph (2). The
Commission shall, within 2 business days after making each
such determination, notify each eligible Senate candidate in
the general election involved about such determination, and
shall, when such contributions or expenditures exceed the
general election expenditure limit under section 502(b),
certify (pursuant to the provisions of subsection (d)) such
candidate's eligibility for payment of any amount under
section 503(a).
``(b) Reports on Personal Funds.--(1) Any candidate for the
United States Senate who during the election cycle expends
more than the limitation under section 502(a) during the
election cycle from his personal funds, the funds of his
immediate family, and personal loans incurred by the
candidate and the candidate's immediate family shall file a
report with the Secretary of the Senate within 2 business
days after such expenditures have been made or loans
incurred.
``(2) The Commission within 2 business days after a report
has been filed under paragraph (1) shall notify each eligible
Senate candidate in the election involved about each such
report.
``(3) Notwithstanding the reporting requirements under this
subsection, the Commission may make its own determination
that a candidate for the United States Senate has made
expenditures in excess of the amount under paragraph (1). The
Commission within 2 business days after making such
determination shall notify each eligible Senate candidate in
the general election involved about each such determination.
``(c) Candidates for Other Offices.--(1) Each individual--
``(A) who becomes a candidate for the office of United
States Senator;
``(B) who, during the election cycle for such office, held
any other Federal, State, or local office or was a candidate
for such other office; and
``(C) who expended any amount during such election cycle
before becoming a candidate for the office of United States
Senator which would have been treated as an expenditure if
such individual had been such a candidate, including amounts
for activities to promote the image or name recognition of
such individual,
shall, within 7 days of becoming a candidate for the office
of United States Senator, report to the Secretary of the
Senate the amount and nature of such expenditures.
``(2) Paragraph (1) shall not apply to any expenditures in
connection with a Federal, State, or local election which has
been held before the individual becomes a candidate for the
office of United States Senator.
``(3) The Commission shall, as soon as practicable, make a
determination as to whether the amounts included in the
report under paragraph (1) were made for purposes of
influencing the election of the individual to the office of
United States Senator.
``(4) The Commission shall certify to the individual and
such individual's opponents the amounts the Commission
determines to be described in paragraph (3) and such amounts
shall be treated as expenditures for purposes of this Act.
``(d) Certifications.--Notwithstanding section 504(a), the
certification required by this section shall be made by the
Commission on the basis of reports filed in accordance with
the provisions of this Act, or on the basis of the
Commission's own investigation or determination.
``(e) Shorter Periods for Reports and Notices During
Election Week.--Any report, determination, or notice required
by reason of an event occurring during the 7-day period
ending with the general election shall be made within 24
hours (rather than 2 business days) of the event.
``(f) Copies of Reports and Public Inspection.--The
Secretary of the Senate shall transmit a copy of any report
or filing received under this section or under title V as
soon as possible (but no later than 4 working hours of the
Commission) after receipt of such report or filing, and shall
make such report or filing available for public inspection
and copying in the same manner as the Commission under
section 311(a)(4), and shall preserve such reports and
filings in the same manner as the Commission under section
311(a)(5).
``(g) Definitions.--For purposes of this section, any term
used in this section which is used in title V shall have the
same meaning as when used in title V.''.
SEC. 10004. DISCLOSURE BY NONELIGIBLE CANDIDATES.
Section 318 of FECA (2 U.S.C. 441d), as amended by section
10013, is amended by adding at the end thereof the following:
``(f) If a broadcast, cablecast, or other communication is
paid for or authorized by a candidate in the general election
for the office of United States Senator who is not an
eligible Senate candidate, or the authorized committee of
such candidate, such communication shall contain the
following sentence: `This candidate has not agreed to
voluntary campaign spending limits.'.''.
SEC. 10005. EXCESS CAMPAIGN FUNDS OF SENATE CANDIDATES.
Section 313 of FECA (2 U.S.C. 439a) is amended--
(1) by inserting ``(a) In General.--'' before ``Amounts'';
and
(2) by adding at the end the following new subsection:
``(b) Return of Excess Campaign Funds.--(1) Except as
provided in paragraph (2), and notwithstanding subsection
(a), if a candidate for the Senate has amounts in excess of
amounts necessary to defray campaign expenditures for any
election cycle, including any fines or penalties relating
thereto, such candidate shall, not later than 1 year after
the date of the general election for such cycle, expend such
excess in the manner described in subsection (a) or transfer
it to the general fund of the Treasury.
``(2) Paragraph (1) shall not apply to any amounts--
[[Page S156]] ``(A) transferred to a legal and accounting
compliance fund established under section 502(c); or
``(B) transferred for use in the next election cycle to the
extent such amounts do not exceed 20 percent of the sum of
the primary election expenditure limit under section
501(d)(1)(A) and the general election expenditure limit under
section 502(b) for the election cycle from which the amounts
are being transferred.''.
PART II--GENERAL PROVISIONS
SEC. 10011. BROADCAST RATES AND PREEMPTION.
(a) Broadcast Rates.--Section 315(b) of the Communications
Act of 1934 (47 U.S.C. 315(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``forty-five'' and inserting ``30''; and
(B) by striking ``lowest unit charge of the station for the
same class and amount of time for the same period'' and
inserting ``lowest charge of the station for the same amount
of time for the same period on the same date''; and
(2) by adding at the end the following new sentence:
``In the case of an eligible Senate candidate (as defined in
section 301(19) of the Federal Election Campaign Act of
1971), the charges for the use of a television broadcasting
station during the 60-day period referred to in paragraph (1)
shall not exceed 50 percent of the lowest charge described in
paragraph (1), except that this sentence shall not apply to
broadcasts which are to be paid by vouchers which are
received under section 503(c)(4) by reason of the independent
expenditure amount.''.
(b) Preemption; Access.--Section 315 of such Act (47 U.S.C.
315) is amended by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively, and by inserting
immediately after subsection (b) the following new
subsection:
``(c)(1) Except as provided in paragraph (2), a licensee
shall not preempt the use, during any period specified in
subsection (b)(1), of a broadcasting station by a legally
qualified candidate for public office who has purchased and
paid for such use pursuant to the provisions of subsection
(b)(1).
``(2) If a program to be broadcast by a broadcasting
station is preempted because of circumstances beyond the
control of the broadcasting station, any candidate
advertising spot scheduled to be broadcast during that
program may also be preempted.''.
(c) Revocation of License for Failure To Permit Access.--
Section 312(a)(7) of such Act (47 U.S.C. 312(a)(7)) is
amended--
(1) by striking ``or repeated'';
(2) by inserting ``or cable system'' after ``broadcasting
station''; and
(3) by striking ``his candidacy'' and inserting ``his or
her candidacy, under the same terms, conditions, and business
practices as apply to its most favored advertiser''.
SEC. 10012. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT
EXPENDITURES.
(a) In General.--Section 304 of FECA (2 U.S.C. 434) is
amended by adding at the end the following new subsection:
``(d) Time for Reporting Certain Expenditures.--(1) Any
person making independent expenditures aggregating $1,000 or
more after the 20th day, but more than 24 hours, before any
election shall file a report of such expenditures within 24
hours after such expenditures are made.
``(2) Any person making independent expenditures
aggregating $10,000 or more at any time up to and including
the 20th day before any election shall file a report within
48 hours after such expenditures are made. An additional
statement shall be filed each time independent expenditures
aggregating $10,000 are made with respect to the same
election as the initial statement filed under this section.
``(3) Any statement under this subsection shall be filed
with the Secretary of the Senate or the Commission, and the
Secretary of State of the State involved, as appropriate, and
shall contain the information required by subsection
(b)(6)(B)(iii) of this section, including whether the
independent expenditure is in support of, or in opposition
to, the candidate involved. The Secretary of the Senate shall
as soon as possible (but not later than 4 working hours of
the Commission) after receipt of a statement transmit it to
the Commission. Not later than 48 hours after the Commission
receives a report, the Commission shall transmit a copy of
the report to each candidate seeking nomination or election
to that office.
``(4) For purposes of this subsection, an expenditure shall
be treated as made when it is made or obligated to be made.
``(5)(A) If any person intends to make independent
expenditures totaling $5,000 or more during the 20 days
before an election, such person shall file a statement no
later than the 20th day before the election.
``(B) Any statement under subparagraph (A) shall be filed
with the Secretary of the Senate or the Commission, and the
Secretary of State of the State involved, as appropriate, and
shall identify each candidate whom the expenditure will
support or oppose. The Secretary of the Senate shall as soon
as possible (but not later than 4 working hours of the
Commission) after receipt of a statement transmit it to the
Commission. Not later than 48 hours after the Commission
receives a statement under this paragraph, the Commission
shall transmit a copy of the statement to each candidate
identified.
``(6) The Commission may make its own determination that a
person has made, or has incurred obligations to make,
independent expenditures with respect to any Federal election
which in the aggregate exceed the applicable amounts under
paragraph (1) or (2). The Commission shall notify each
candidate in such election of such determination within 24
hours of making it.
``(7) At the same time as a candidate is notified under
paragraph (3), (5), or (6) with respect to expenditures
during a general election period, the Commission shall
certify eligibility to receive benefits under section 503(a).
``(8) The Secretary of the Senate shall make any statement
received under this subsection available for public
inspection and copying in the same manner as the Commission
under section 311(a)(4), and shall preserve such statements
in the same manner as the Commission under section
311(a)(5).''.
(b) Conforming Amendment.--Section 304(c)(2) of FECA (2
U.S.C. 434(c)(2)) is amended by striking the undesignated
matter after subparagraph (C).
SEC. 10013. CAMPAIGN ADVERTISING AMENDMENTS.
Section 318 of FECA (2 U.S.C. 441d) is amended--
(1) in the matter before paragraph (1) of subsection (a),
by striking ``Whenever'' and inserting ``Whenever a political
committee makes a disbursement for the purpose of financing
any communication through any broadcasting station,
newspaper, magazine, outdoor advertising facility, mailing,
or any other type of general public political advertising, or
whenever'';
(2) in the matter before paragraph (1) of subsection (a),
by striking ``an expenditure'' and inserting ``a
disbursement'';
(3) in the matter before paragraph (1) of subsection (a),
by striking ``direct'';
(4) in paragraph (3) of subsection (a), by inserting after
``name'' the following ``and permanent street address''; and
(5) by adding at the end the following new subsections:
``(c) Any printed communication described in subsection (a)
shall be--
``(1) of sufficient type size to be clearly readable by the
recipient of the communication;
``(2) contained in a printed box set apart from the other
contents of the communication; and
``(3) consist of a reasonable degree of color contrast
between the background and the printed statement.
``(d)(1) Any broadcast or cablecast communication described
in subsection (a)(1) or subsection (a)(2) shall include, in
addition to the requirements of those subsections, an audio
statement by the candidate that identifies the candidate and
states that the candidate has approved the communication.
``(2) If a broadcast or cablecast communication described
in paragraph (1) is broadcast or cablecast by means of
television, the communication shall include, in addition to
the audio statement under paragraph (1), a written statement
which--
``(A) states: `I, (name of the candidate), am a candidate
for (the office the candidate is seeking) and I have approved
this message';
``(B) appears at the end of the communication in a clearly
readable manner with a reasonable degree of color contrast
between the background and the printed statement, for a
period of at least 4 seconds; and
``(C) is accompanied by a clearly identifiable photographic
or similar image of the candidate.
``(e) Any broadcast or cablecast communication described in
subsection (a)(3) shall include, in addition to the
requirements of those subsections, in a clearly spoken
manner, the following statement--
` is responsible for the content of this
advertisement.'
with the blank to be filled in with the name of the political
committee or other person paying for the communication and
the name of any connected organization of the payor; and, if
broadcast or cablecast by means of television, shall also
appear in a clearly readable manner with a reasonable degree
of color contrast between the background and the printed
statement, for a period of at least 4 seconds.''.
SEC. 10014. DEFINITIONS.
(a) In General.--Section 301 of FECA (2 U.S.C. 431) is
amended by striking paragraph (19) and inserting the
following new paragraphs:
``(19) The term `eligible Senate candidate' means a
candidate who is certified under section 504 as eligible to
receive benefits under title V.
``(20) The term `general election' means any election which
will directly result in the election of a person to a Federal
office. Such term includes a primary election which may
result in the election of a person to a Federal office.
``(21) The term `general election period' means, with
respect to any candidate, the period beginning on the day
after the date of the primary or runoff election for the
specific office the candidate is seeking, whichever is later,
and ending on the earlier of--
``(A) the date of such general election; or
``(B) the date on which the candidate withdraws from the
campaign or otherwise ceases actively to seek election.
``(22) The term `immediate family' means--
``(A) a candidate's spouse;
``(B) a child, stepchild, parent, grandparent, brother,
half-brother, sister or half-sister of the candidate or the
candidate's spouse; and
[[Page S157]] ``(C) the spouse of any person described in
subparagraph (B).
``(23) The term `major party' has the meaning given such
term in section 9002(6) of the Internal Revenue Code of 1986,
except that if a candidate qualified for the ballot in a
general election in an open primary in which all the
candidates for the office participated and which resulted in
the candidate and at least one other candidate qualifying for
the ballot in the general election, such candidate shall be
treated as a candidate of a major party for purposes of title
V.
``(24) The term `primary election' means an election which
may result in the selection of a candidate for the ballot in
a general election for a Federal office.
``(25) The term `primary election period' means, with
respect to any candidate, the period beginning on the day
following the date of the last election for the specific
office the candidate is seeking and ending on the earlier
of--
``(A) the date of the first primary election for that
office following the last general election for that office;
or
``(B) the date on which the candidate withdraws from the
election or otherwise ceases actively to seek election.
``(26) The term `runoff election' means an election held
after a primary election which is prescribed by applicable
State law as the means for deciding which candidate will be
on the ballot in the general election for a Federal office.
``(27) The term `runoff election period' means, with
respect to any candidate, the period beginning on the day
following the date of the last primary election for the
specific office such candidate is seeking and ending on the
date of the runoff election for such office.
``(28) The term `voting age population' means the resident
population, 18 years of age or older, as certified pursuant
to section 315(e).
``(29) The term `election cycle' means--
``(A) in the case of a candidate or the authorized
committees of a candidate, the term beginning on the day
after the date of the most recent general election for the
specific office or seat which such candidate seeks and ending
on the date of the next general election for such office or
seat; or
``(B) for all other persons, the term beginning on the
first day following the date of the last general election and
ending on the date of the next general election.''.
(b) Identification.--Section 301(13) of FECA (2 U.S.C.
431(13)) is amended by striking ``mailing address'' and
inserting ``permanent residence address''.
SEC. 10015. PROVISIONS RELATING TO FRANKED MASS MAILINGS.
Section 3210(a)(6)(C) of title 39, United States Code, is
amended--
(1) by striking ``if such mass mailing is postmarked fewer
than 60 days immediately before the date'' and inserting ``if
such mass mailing is postmarked during the calendar year'';
and
(2) by inserting ``or reelection'' immediately before the
period.
Subtitle B--Independent Expenditures
SEC. 10021. CLARIFICATION OF DEFINITIONS RELATING TO
INDEPENDENT EXPENDITURES.
(a) Independent Expenditure Definition Amendment.--Section
301 of FECA (2 U.S.C. 431) is amended by striking paragraphs
(17) and (18) and inserting the following:
``(17)(A) The term `independent expenditure' means an
expenditure for an advertisement or other communication
that--
``(i) contains express advocacy; and
``(ii) is made without the participation or cooperation of
a candidate or a candidate's representative.
``(B) The following shall not be considered an independent
expenditure:
``(i) An expenditure made by a political committee of a
political party.
``(ii) An expenditure made by a person who, during the
election cycle, has communicated with or received information
from a candidate or a representative of that candidate
regarding activities that have the purpose of influencing
that candidate's election to Federal office, where the
expenditure is in support of that candidate or in opposition
to another candidate for that office.
``(iii) An expenditure if there is any arrangement,
coordination, or direction with respect to the expenditure
between the candidate or the candidate's agent and the person
making the expenditure.
``(iv) An expenditure if, in the same election cycle, the
person making the expenditure is or has been--
``(I) authorized to raise or expend funds on behalf of the
candidate or the candidate's authorized committees; or
``(II) serving as a member, employee, or agent of the
candidate's authorized committees in an executive or
policymaking position.
``(v) An expenditure if the person making the expenditure
has advised or counseled the candidate or the candidate's
agents at any time on the candidate's plans, projects, or
needs relating to the candidate's pursuit of nomination for
election, or election, to Federal office, in the same
election cycle, including any advice relating to the
candidate's decision to seek Federal office.
``(vi) An expenditure if the person making the expenditure
retains the professional services of any individual or other
person also providing services in the same election cycle to
the candidate in connection with the candidate's pursuit of
nomination for election, or election, to Federal office,
including any services relating to the candidate's decision
to seek Federal office.
``(vii) An expenditure if the person making the expenditure
has consulted at any time during the calendar year in which
the election is to be held about the candidate's plans,
projects, or needs relating to the candidate's pursuit of
nomination for election, or election, to Federal office,
with--
``(I) any officer, director, employee or agent of a party
committee that has made or intends to make expenditures or
contributions, pursuant to subsections (a), (d), or (h) of
section 315 in connection with the candidate's campaign; or
``(II) any person whose professional services have been
retained by a political party committee that has made or
intends to make expenditures or contributions pursuant to
subsections (a), (d), or (h) of section 315 in connection
with the candidate's campaign.
For purposes of this subparagraph, the person making the
expenditure shall include any officer, director, employee, or
agent of such person, and the term `professional services
shall include any services (other than legal and accounting
services for purposes of ensuring compliance with this title)
in support of any candidate's or candidates' pursuit of
nomination for election, or election, to Federal office.
``(18) The term `express advocacy' means, when a
communication is taken as a whole and with limited reference
to external events, an expression of support for or
opposition to a specific candidate, to a specific group of
candidates, or to candidates of a particular political party,
or a suggestion to take action with respect to an election,
such as to vote for or against, make contributions to, or
participate in campaign activity.''.
(b) Contribution Definition Amendment.--Section 301(8)(A)
of FECA (2 U.S.C. 431(8)(A)) is amended--
(1) in clause (i), by striking ``or'' after the semicolon
at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment or other transaction referred to in
paragraph (17)(A)(i) that does not qualify as an independent
expenditure under paragraph (17)(A)(ii).''.
SEC. 10022. EQUAL BROADCAST TIME.
Section 315(a) of the Communications Act of 1934 (47 U.S.C.
315(a)) is amended to read as follows:
``(a)(1) If a licensee permits any person who is a legally
qualified candidate for public office to use a broadcasting
station other than any use required to be provided under
paragraph (2), the licensee shall afford equal opportunities
to all other such candidates for that office in the use of
the broadcasting station.
``(2)(A) A person who reserves broadcast time the payment
for which would constitute an independent expenditure within
the meaning of section 301(17) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(17)) shall--
``(i) inform the licensee that payment for the broadcast
time will constitute an independent expenditure;
``(ii) inform the licensee of the names of all candidates
for the office to which the proposed broadcast relates and
state whether the message to be broadcast is intended to be
made in support of or in opposition to each such candidate;
and
``(iii) provide the licensee a copy of the statement
described in section 304(d) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 434(d)).
``(B) A licensee who is informed as described in
subparagraph (A) shall--
``(i) if any of the candidates described in subparagraph
(A)(ii) has provided the licensee the name and address of a
person to whom notification under this subparagraph is to be
given--
``(I) notify such person of the proposed making of the
independent expenditure; and
``(II) allow any such candidate (other than a candidate for
whose benefit the independent expenditure is made) to
purchase the same amount of broadcast time immediately after
the broadcast time paid for by the independent expenditure;
and
``(ii) in the case of an opponent of a candidate for whose
benefit the independent expenditure is made who certifies to
the licensee that the opponent is eligible to have the cost
of response broadcast time paid using funds derived from a
payment made under section 503(a)(3)(B) of the Federal
Election Campaign Act of 1971, afford the opponent such
broadcast time without requiring payment in advance and at
the cost specified in subsection (b).
``(3) A licensee shall have no power of censorship over the
material broadcast under this section.
``(4) Except as provided in paragraph (2), no obligation is
imposed under this subsection upon any licensee to allow the
use of its station by any candidate.
``(5)(A) Appearance by a legally qualified candidate on a--
``(i) bona fide newscast;
``(ii) bona fide news interview;
``(iii) bona fide news documentary (if the appearance of
the candidate is incidental to the presentation of the
subject or subjects covered by the news documentary); or
``(iv) on-the-spot coverage of bona fide news events
(including political conventions and activities incidental
thereto),
shall not be deemed to be use of a broadcasting station
within the meaning of this subsection.
[[Page S158]] ``(B) Nothing in subparagraph (A) shall be
construed as relieving broadcasters, in connection with the
presentation of newscasts, news interviews, news
documentaries, and on-the-spot coverage of news events, from
their obligation under this Act to operate in the public
interest and to afford reasonable opportunity for the
discussion of conflicting views on issues of public
importance.
``(6)(A) A licensee that endorses a candidate for Federal
office in an editorial shall, within the time stated in
subparagraph (B), provide to all other candidates for
election to the same office--
``(i) notice of the date and time of broadcast of the
editorial;
``(ii) a taped or printed copy of the editorial; and
``(iii) a reasonable opportunity to broadcast a response
using the licensee's facilities.
``(B) In the case of an editorial described in subparagraph
(A) that--
``(i) is first broadcast 72 hours or more prior to the date
of a primary, runoff, or general election, the notice and
copy described in subparagraph (A) (i) and (ii) shall be
provided not later than 24 hours after the time of the first
broadcast of the editorial, and
``(ii) is first broadcast less than 72 hours before the
date of an election, the notice and copy shall be provided at
a time prior to the first broadcast that will be sufficient
to enable candidates a reasonable opportunity to prepare and
broadcast a response.''.
Subtitle C--Expenditures
PART I--PERSONAL LOANS; CREDIT
SEC. 10031. PERSONAL CONTRIBUTIONS AND LOANS.
Section 315 of FECA (2 U.S.C. 441a) is amended by adding at
the end the following new subsection:
``(j) Limitations on Payments to Candidates.--(1) If a
candidate or a member of the candidate's immediate family
made any loans to the candidate or to the candidate's
authorized committees during any election cycle, no
contributions received after the date of the general election
for such election cycle may be used to repay such loans.
``(2) No contribution by a candidate or member of the
candidate's immediate family may be returned to the candidate
or member other than as part of a pro rata distribution of
excess contributions to all contributors.''.
SEC. 10032. EXTENSIONS OF CREDIT.
Section 301(8)(A) of FECA (2 U.S.C. 431(8)(A)), as amended
by section 10021(b), is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by inserting at the end the following new clause:
``(iv) with respect to a candidate and the candidate's
authorized committees, any extension of credit for goods or
services relating to advertising on broadcasting stations, in
newspapers or magazines, or by mailings, or relating to other
similar types of general public political advertising, if
such extension of credit is--
``(I) in an amount of more than $1,000; and
``(II) for a period greater than the period, not in excess
of 60 days, for which credit is generally extended in the
normal course of business after the date on which such goods
or services are furnished or the date of a mailing.''.
PART II--PROVISIONS RELATING TO SOFT MONEY OF POLITICAL PARTIES
SEC. 10033. DEFINITIONS.
(a) Contribution and Expenditure Exceptions.--(1) Clause
(xii) of section 301(8)(B) of FECA (2 U.S.C. 431(8)(B)(xii))
is amended--
(A) by inserting ``in connection with volunteer
activities'' after ``such committee''; and
(B) by striking ``and'' at the end of subclause (2), by
inserting ``and'' at the end of subclause (3), and by adding
at the end the following new subclause:
``(4) such activities are conducted solely by, or any
materials are distributed solely by, volunteers;''.
(2) Clause (ix) of section 301(9)(B) of FECA (2 U.S.C.
431(9)(B)(ix)) is amended--
(A) by inserting ``in connection with volunteer
activities'' after ``such committee'', and
(B) by striking ``and'' at the end of subclause (2), by
inserting ``and'' at the end of subclause (3), and by adding
at the end the following new subclause:
``(4) any materials in connection with such activities are
prepared for distribution (and are distributed) solely by
volunteers;''.
(b) Generic Activities; State Party Grassroots Fund.--
Section 301 of FECA (2 U.S.C. 431), as amended by section
____15, is amended by adding at the end thereof the following
new paragraphs:
``(30) The term `generic campaign activity' means a
campaign activity that promotes a political party rather than
any particular Federal or non-Federal candidate.
``(31) The term `State Party Grassroots Fund' means a
separate segregated fund established and maintained by a
State committee of a political party solely for purposes of
making expenditures and other disbursements described in
section 324(d).''.
SEC. 10034. CONTRIBUTIONS TO POLITICAL PARTY COMMITTEES.
(a) Individual Contributions to State Party.--Paragraph (1)
of section 315(a) of FECA (2 U.S.C. 441a(a)(1)) is amended by
striking ``or'' at the end of subparagraph (B), by
redesignating subparagraph (C) as subparagraph (D), and by
inserting after subparagraph (B) the following new
subparagraph:
``(C) to--
``(i) a State Party Grassroots Fund established and
maintained by a State committee of a political party in any
calendar year which, in the aggregate, exceed $20,000;
``(ii) any other political committee established and
maintained by a State committee of a political party in any
calendar year which, in the aggregate, exceed $5,000,
except that the aggregate contributions described in this
subparagraph which may be made by a person to the State Party
Grassroots Fund and all committees of a State Committee of a
political party in any State in any calendar year shall not
exceed $20,000; or''.
(b) Multicandidate Committee Contributions to State
Party.--Paragraph (2) of section 315(a) of FECA (2 U.S.C.
441a(a)(2)) is amended by striking ``or'' at the end of
subparagraph (B), by redesignating subparagraph (C) as
subparagraph (D), and by inserting after subparagraph (B) the
following new subparagraph:
``(C) to--
``(i) a State Party Grassroots Fund established and
maintained by a State committee of a political party in any
calendar year which, in the aggregate, exceed $15,000;
``(ii) to any other political committee established and
maintained by a State committee of a political party which,
in the aggregate, exceed $5,000,
except that the aggregate contributions described in this
subparagraph which may be made by a multicandidate political
committee to the State Party Grassroots Fund and all
committees of a State Committee of a political party in any
State in any calendar year shall not exceed $15,000; or''.
(c) Overall Limit.--Paragraph (3) of section 315(a) of FECA
(2 U.S.C. 441a(a)(3)) is amended to read as follows:
``(3)(A) No individual shall make contributions during any
election cycle (as defined in section 301(29)(B)) which, in
the aggregate, exceed $60,000.
``(B) No individual shall make contributions during any
calendar year--
``(i) to all candidates and their authorized political
committees which, in the aggregate, exceed $25,000; or
``(ii) to all political committees established and
maintained by State committees of a political party which, in
the aggregate, exceed $20,000.
``(C) For purposes of subparagraph (B)(i), any contribution
made to a candidate or the candidate's authorized political
committees in a year other than the calendar year in which
the election is held with respect to which such contribution
is made shall be treated as made during the calendar year in
which the election is held.''.
(d) Presidential Candidate Committee Transfers.--(1)
Subparagraph (B) of section 315(b)(1) of FECA (2 U.S.C.
441a(b)(1)) is amended to read as follows:
``(B) in the case of a campaign for election to such
office, an amount equal to the sum of--
``(i) $20,000,000, plus
``(ii) the lesser of--
``(I) 2 cents multiplied by the voting age population of
the United States (as certified under subsection (e) of this
section), or
``(II) the amounts transferred by the candidate and the
authorized committees of the candidate to the national
committee of the candidate's political party for distribution
to State Party Grassroots Funds.''.
(2) Subparagraph (A) of section 9002(11) of the Internal
Revenue Code of 1986 (defining qualified campaign expense) is
amended by striking ``or'' at the end of clause (ii), by
inserting ``or'' at the end of clause (iii), and by inserting
at the end the following new clause ``(iv) any transfers to
the national committee of the candidate's political party for
distribution to State Party Grassroots Funds (as defined in
section 301(31) of the Federal Election Campaign Act of 1971)
to the extent such transfers do not exceed the amount
determined under section 315(b)(1)(B)(ii) of such Act,''.
SEC. 10035. PROVISIONS RELATING TO NATIONAL, STATE, AND LOCAL
PARTY COMMITTEES.
(a) Soft Money of Committees of Political Parties.--Title
III of FECA is amended by inserting after section 323 the
following new section:
``POLITICAL PARTY COMMITTEES
``Sec. 324. (a) Limitations on National Committee.--(1) A
national committee of a political party and the congressional
campaign committees of a political party may not solicit or
accept contributions or transfers not subject to the
limitations, prohibitions, and reporting requirements of this
Act.
``(2) Paragraph (1) shall not apply to contributions--
``(A) that--
``(i) are to be transferred to a State committee of a
political party and are used solely for activities described
in clauses (xi) through (xvii) of paragraph (9)(B) of section
301; or
``(ii) are described in section 301(8)(B)(viii); and
``(B) with respect to which contributors have been notified
that the funds will be used solely for the purposes described
in subparagraph (A).
``(b) Activities Subject to This Act.--Any amount
solicited, received, expended, or disbursed directly or
indirectly by a national, State, district, or local committee
of a political party (including any subordinate committee)
with respect to any of the following activities shall be
subject to the limitations,
[[Page S159]] prohibitions, and reporting requirements of
this Act:
``(1)(A) Any get-out-the-vote activity conducted during a
calendar year in which an election for the office of
President is held.
``(B) Any other get-out-the-vote activity unless subsection
(c)(2) applies to the activity.
``(2) Any generic campaign activity.
``(3) Any activity that identifies or promotes a Federal
candidate, regardless of whether--
``(A) a State or local candidate is also identified or
promoted; or
``(B) any portion of the funds disbursed constitutes a
contribution or expenditure under this Act.
``(4) Voter registration.
``(5) Development and maintenance of voter files during an
even-numbered calendar year.
``(6) Any other activity that--
``(A) significantly affects a Federal election, or
``(B) is not otherwise described in section
301(8)(B)(xvii).
Any amount spent to raise funds that are used, in whole or in
part, in connection with activities described in the
preceding paragraphs shall be subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(c) Get-Out-The-Vote Activities By State, District, and
Local Committees of Political Parties.--(1) Except as
provided in paragraph (2), any get-out-the-vote activity for
a State or local candidate, or for a ballot measure, which is
conducted by a State, district, or local committee of a
political party (including any subordinate committee) shall
be subject to the limitations, prohibitions, and reporting
requirements of this Act.
``(2) Paragraph (1) shall not apply to any activity which
the State committee of a political party certifies to the
Commission is an activity which--
``(A) is conducted during a calendar year other than a
calendar year in which an election for the office of
President is held,
``(B) is exclusively on behalf of (and specifically
identifies only) one or more State or local candidates or
ballot measures, and
``(C) does not include any effort or means used to identify
or turn out those identified to be supporters of any Federal
candidate (including any activity that is undertaken in
coordination with, or on behalf of, a candidate for Federal
office).
``(d) State Party Grassroots Funds.--(1) A State committee
of a political party may make disbursements and expenditures
from its State Party Grassroots Fund only for--
``(A) any generic campaign activity;
``(B) payments described in clauses (v), (x), and (xii) of
paragraph (8)(B) and clauses (iv), (viii), and (ix) of
paragraph (9)(B) of section 301;
``(C) subject to the limitations of section 315(d),
payments described in clause (xii) of paragraph (8)(B), and
clause (ix) of paragraph (9)(B), of section 301 on behalf of
candidates other than for President and Vice President;
``(D) voter registration; and
``(E) development and maintenance of voter files during an
even-numbered calendar year.
``(2) Notwithstanding section 315(a)(4), no funds may be
transferred by a State committee of a political party from
its State Party Grassroots Fund to any other State Party
Grassroots Fund or to any other political committee, except a
transfer may be made to a district or local committee of the
same political party in the same State if such district or
local committee--
``(A) has established a separate segregated fund for the
purposes described in paragraph (1); and
``(B) uses the transferred funds solely for those purposes.
``(e) Amounts Received by Grassroots Fund From State and
Local Candidate Committees.--(1) Any amount received by a
State Party Grassroots Fund from a State or local candidate
committee for expenditures described in subsection (b) that
are for the benefit of that candidate shall be treated as
meeting the requirements of subsection (b) and section 304(e)
if--
``(A) such amount is derived from funds which meet the
requirements of this Act with respect to any limitation or
prohibition as to source or dollar amount specified in
section 315(a) (1)(A) and (2)(A); and
``(B) the State or local candidate committee--
``(i) maintains, in the account from which payment is made,
records of the sources and amounts of funds for purposes of
determining whether such requirements are met; and
``(ii) certifies that such requirements were met.
``(2) For purposes of paragraph (1)(A), in determining
whether the funds transferred meet the requirements of this
Act described in such paragraph--
``(A) a State or local candidate committee's cash on hand
shall be treated as consisting of the funds most recently
received by the committee, and
``(B) the committee must be able to demonstrate that its
cash on hand contains sufficient funds meeting such
requirements as are necessary to cover the transferred funds.
``(3) Notwithstanding paragraph (1), any State Party
Grassroots Fund receiving any transfer described in paragraph
(1) from a State or local candidate committee shall be
required to meet the reporting requirements of this Act, and
shall submit to the Commission all certifications received,
with respect to receipt of the transfer from such candidate
committee.
``(4) For purposes of this subsection, a State or local
candidate committee is a committee established, financed,
maintained, or controlled by a candidate for other than
Federal office.''.
(b) Contributions and Expenditures.--(1) Section 301(8)(B)
of FECA (2 U.S.C. 431(8)(B)) is amended by striking ``and''
at the end of clause (xiii), by striking the period at the
end of clause (xiv) and inserting a semicolon, and by adding
at the end the following new clauses:
``(xv) any amount contributed to a candidate for other than
Federal office;
``(xvi) any amount received or expended to pay the costs of
a State or local political convention;
``(xvii) any payment for campaign activities that are
exclusively on behalf of (and specifically identify only)
State or local candidates and do not identify any Federal
candidate, and that are not activities described in section
324(b) (without regard to paragraph (6)(B)) or section
324(c)(1);
``(xviii) any payment for administrative expenses of a
State or local committee of a political party, including
expenses for--
``(I) overhead, including party meetings;
``(II) staff (other than individuals devoting a significant
amount of their time to elections for Federal office and
individuals engaged in conducting get-out-the-vote activities
for a Federal election); and
``(III) conducting party elections or caucuses;
``(xix) any payment for research pertaining solely to State
and local candidates and issues;
``(xx) any payment for development and maintenance of voter
files other than during the 1-year period ending on the date
during an even-numbered calendar year on which regularly
scheduled general elections for Federal office occur; and
``(xxi) any payment for any other activity which is solely
for the purpose of influencing, and which solely affects, an
election for non-Federal office and which is not an activity
described in section 324(b) (without regard to paragraph
(6)(B)) or section 324(c)(1).''.
(2) Section 301(9)(B) of FECA (2 U.S.C. 431(9)(B)) is
amended by striking ``and'' at the end of clause (ix), by
striking the period at the end of clause (x) and inserting a
semicolon, and by adding at the end the following new
clauses:
``(xi) any amount contributed to a candidate for other than
Federal office;
``(xii) any amount received or expended to pay the costs of
a State or local political convention;
``(xiii) any payment for campaign activities that are
exclusively on behalf of (and specifically identify only)
State or local candidates and do not identify any Federal
candidate, and that are not activities described in section
324(b) (without regard to paragraph (6)(B)) or section
324(c)(1);
``(xiv) any payment for administrative expenses of a State
or local committee of a political party, including expenses
for--
``(I) overhead, including party meetings;
``(II) staff (other than individuals devoting a significant
amount of their time to elections for Federal office and
individuals engaged in conducting get-out-the-vote activities
for a Federal election); and
``(III) conducting party elections or caucuses;
``(xv) any payment for research pertaining solely to State
and local candidates and issues;
``(xvi) any payment for development and maintenance of
voter files other than during the 1-year period ending on the
date during an even-numbered calendar year on which regularly
scheduled general elections for Federal office occur; and
``(xvii) any payment for any other activity which is solely
for the purpose of influencing, and which solely affects, an
election for non-Federal office and which is not an activity
described in section 324(b) (without regard to paragraph
(6)(B)) or section 324(c)(1).''.
(c) Limitation Applied at National Level.--Paragraph (3) of
section 315(d) of FECA (2 U.S.C. 441a(d)(3)) is amended by
adding at the end the following new sentence:
``Notwithstanding the preceding sentence, the applicable
congressional campaign committee of a political party shall
make the expenditures described in this paragraph which are
authorized to be made by a national or State committee with
respect to a candidate in any State unless it allocates all
or a portion of such expenditures to either or both of such
committees.''.
(d) Limitations Apply for Entire Election Cycle.--Section
315(d)(1) of FECA (2 U.S.C. 441a(d)(1)) is amended by adding
at the end the following new sentence: ``Each limitation
under the following paragraphs shall apply to the entire
election cycle for an office.''.
SEC. 10036. RESTRICTIONS ON FUNDRAISING BY CANDIDATES AND
OFFICEHOLDERS.
(a) State Fundraising Activities.--Section 315 of FECA (2
U.S.C. 441a), as amended by section 10031, is amended by
adding at the end the following new subsection:
[[Page S160]] ``(k) Limitations on Fundraising Activities
of Federal Candidates and Officeholders and Certain Political
Committees.--(1) For purposes of this Act, a candidate for
Federal office, an individual holding Federal office, or any
agent of the candidate or individual may not solicit funds
to, or receive funds on behalf of, any Federal or non-Federal
candidate or political committee--
``(A) which are to be expended in connection with any
election for Federal office unless such funds are subject to
the limitations, prohibitions, and requirements of this Act;
or
``(B) which are to be expended in connection with any
election for other than Federal office unless such funds are
not in excess of amounts permitted with respect to Federal
candidates and political committees under subsections (a) (1)
and (2), and are not from sources prohibited by such
subsections with respect to elections to Federal office.
``(2)(A) The aggregate amount which a person described in
subparagraph (B) may solicit from a multicandidate political
committee for State committees described in subsection
(a)(1)(C) (including subordinate committees) for any calendar
year shall not exceed the dollar amount in effect under
subsection (a)(2)(B) for the calendar year.
``(B) A person is described in this subparagraph if such
person is a candidate for Federal office, an individual
holding Federal office, an agent of such a candidate or
individual, or any national, State, district, or local
committee of a political party (including a subordinate
committee) and any agent of such a committee.
``(3) The appearance or participation by a candidate for
Federal office or individual holding Federal office in any
fundraising event conducted by a committee of a political
party or a candidate for other than Federal office shall not
be treated as a solicitation for purposes of paragraph (1) if
such candidate or individual does not solicit or receive, or
make disbursements from, any funds resulting from such
activity.
``(4) Paragraph (1) shall not apply to the solicitation or
receipt of funds, or disbursements, by an individual who is a
candidate for other than Federal office if such activity is
permitted under State law.
``(5) For purposes of this subsection, an individual shall
be treated as holding Federal office if such individual--
``(A) holds a Federal office; or
``(B) holds a position described in level I of the
Executive Schedule under section 5312 of title 5, United
States Code.''.
(b) Tax-Exempt Organizations.--Section 315 of FECA (2
U.S.C. 441a), as amended by subsection (a), is amended by
adding at the end thereof the following new subsection:
``(l) Tax-Exempt Organizations.--(1) If an individual is a
candidate for, or holds, Federal office during any period,
such individual may not during such period solicit
contributions to, or on behalf of, any organization which is
described in section 501(c) of the Internal Revenue Code of
1986 if a significant portion of the activities of such
organization include voter registration or get-out-the-vote
campaigns.
``(2) For purposes of this subsection, an individual shall
be treated as holding Federal office if such individual--
``(A) holds a Federal office; or
``(B) holds a position described in level I of the
Executive Schedule under section 5312 of title 5, United
States Code.''.
SEC. 10037. REPORTING REQUIREMENTS.
(a) Reporting Requirements.--Section 304 of FECA (2 U.S.C.
434), as amended by section 10012(a), is amended by adding at
the end thereof the following new subsection:
``(e) Political Committees.--(1) The national committee of
a political party and any congressional campaign committee of
a political party, and any subordinate committee of either,
shall report all receipts and disbursements during the
reporting period, whether or not in connection with an
election for Federal office.
``(2) A political committee (not described in paragraph
(1)) to which section 324 applies shall report all receipts
and disbursements including separate schedules for receipts
and disbursements for State Grassroots Funds described in
section 301(31).
``(3) Any political committee to which section 324 applies
shall include in its report under paragraph (1) or (2) the
amount of any transfer described in section 324(d)(2) and
shall itemize such amounts to the extent required by section
304(b)(3)(A).
``(4) Any political committee to which paragraph (1) or (2)
does not apply shall report any receipts or disbursements
which are used in connection with a Federal election.
``(5) If a political committee has receipts or
disbursements to which this subsection applies from any
person aggregating in excess of $200 for any calendar year,
the political committee shall separately itemize its
reporting for such person in the same manner as subsection
(b) (3)(A), (5), or (6).
``(6) Reports required to be filed by this subsection shall
be filed for the same time periods required for political
committees under subsection (a).''.
(b) Report of Exempt Contributions.--Section 301(8) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)) is
amended by inserting at the end thereof the following:
``(C) The exclusion provided in clause (viii) of
subparagraph (B) shall not apply for purposes of any
requirement to report contributions under this Act, and all
such contributions aggregating in excess of $200 shall be
reported.''.
(c) Reports by State Committees.--Section 304 of FECA (2
U.S.C. 434), as amended by subsection (a), is amended by
adding at the end thereof the following new subsection:
``(f) Filing of State Reports.--In lieu of any report
required to be filed by this Act, the Commission may allow a
State committee of a political party to file with the
Commission a report required to be filed under State law if
the Commission determines such reports contain substantially
the same information.''.
(d) Other Reporting Requirements.--
(1) Authorized committees.--Paragraph (4) of section 304(b)
of FECA (2 U.S.C. 434(b)(4)) is amended by striking ``and''
at the end of subparagraph (H), by inserting ``and'' at the
end of subparagraph (I), and by adding at the end the
following new subparagraph:
``(J) in the case of an authorized committee, disbursements
for the primary election, the general election, and any other
election in which the candidate participates;''.
(2) Names and addresses.--Subparagraph (A) of section
304(b)(5) of FECA (2 U.S.C. 434(b)(5)(A)) is amended--
(A) by striking ``within the calendar year'', and
(B) by inserting ``, and the election to which the
operating expenditure relates'' after ``operating
expenditure''.
Subtitle D--Contributions
SEC. 10041. CONTRIBUTIONS THROUGH INTERMEDIARIES AND
CONDUITS; PROHIBITION ON CERTAIN CONTRIBUTIONS
BY LOBBYISTS.
(a) Contributions Through Intermediaries and Conduits.--
Section 315(a)(8) of FECA (2 U.S.C. 441a(a)(8)) is amended to
read as follows:
``(8) For purposes of this subsection:
``(A) Contributions made by a person, either directly or
indirectly, to or on behalf of a particular candidate,
including contributions that are in any way earmarked or
otherwise directed through an intermediary or conduit to a
candidate, shall be treated as contributions from the person
to the candidate. If a contribution is made to a candidate
through an intermediary or conduit, the intermediary or
conduit shall report the original source and the intended
recipient of the contribution to the Commission and to the
intended recipient.
``(B) Contributions made directly or indirectly by a person
to or on behalf of a particular candidate through an
intermediary or conduit, including contributions arranged to
be made by an intermediary or conduit, shall be treated as
contributions from the intermediary or conduit to the
candidate if--
``(i) the contributions made through the intermediary or
conduit are in the form of a check or other negotiable
instrument made payable to the intermediary or conduit rather
than the intended recipient; or
``(ii) the intermediary or conduit is--
``(I) a political committee which is not described in
subparagraph (E), a political party, or an officer, employee,
or agent of either;
``(II) an individual whose activities are required to be
reported under section 308 of the Federal Regulation of
Lobbying Act (2 U.S.C. 267), the Foreign Agents Registration
Act of 1938 (22 U.S.C. 611 et seq.), or any successor Federal
law requiring a person who is a lobbyist or foreign agent to
report its activities;
``(III) a person which is prohibited from making
contributions under section 316 or which is a partnership; or
``(IV) an officer, employee, or agent of a person described
in subclause (II) or (III) acting on behalf of such person.
``(C)(i) The term `contributions arranged to be made'
includes--
``(I) contributions delivered to a particular candidate or
the candidate's authorized committee or agent by the person
who arranged for the making of the contribution; and
``(II) contributions to a particular candidate or the
candidate's authorized committee or agent that are made or
arranged to be made so as to identify to the candidate or
authorized committee or agent the person who arranged for the
making of the contribution.
``(ii) The term `acting on behalf of such person' includes
the following activities by an officer, employee, or agent of
a person described in subparagraph (B)(ii) (II) or (III):
``(I) Soliciting the making of a contribution to a
particular candidate in the name of such a person.
``(II) Soliciting the making of a contribution to a
particular candidate using other than incidental resources of
such a person.
``(III) Soliciting contributions for a particular candidate
by directing a substantial portion of the solicitations to
other officers, employees, or agents of such a person.
``(iii) Except for purposes of subclauses (I) and (II) of
clause (ii), an individual shall not be treated as an
officer, employee, or agent of a person if--
``(I) in the case of a membership organization, the
individual is a member of the organization, or
``(II) the individual serves on the board of the person and
the individual does not receive any compensation from that
person (or any subsidiary or affiliated person) by reason of
serving in that capacity.
``(D) Nothing in this paragraph shall apply to--
``(i) bona fide joint fundraising efforts conducted solely
for the purpose of sponsorship of a fundraising reception,
dinner, or other similar event, in accordance with rules
prescribed by the Commission, by 2 or more candidates acting
on their own behalf;
[[Page S161]] ``(ii) fundraising efforts for the benefit
of a candidate that are conducted by another candidate or
Federal officeholder; or
``(iii) the solicitation by an individual, using the
individual's own resources and acting in the individual's own
name, of contributions from other persons in a manner that
does not identify the solicitor with the making of the
contribution.
``(E)(i) For purposes of subparagraph (B)(ii)(I), a
political committee described in this subparagraph is one
which--
``(I) does not have a connected organization;
``(II) has not contracted for the services of, and does not
employ on a full or part-time basis, any individual described
in subparagraph (B)(ii)(II) during the same election cycle;
and
``(III) is not affiliated with any person or organization
that has contracted for the services of, or has employed on a
full or part-time basis, any individual described in
subparagraph (B)(ii)(II) during the same election cycle.
``(ii) For purposes of clause (i)(III), organizations are
affiliated if they are established, financed, maintained, or
controlled by the same person or group of persons. Evidence
of such affiliation includes, but is not limited to--
``(I) common membership, employees, officers, or
facilities;
``(II) the donation, contribution, or transfer of funds
between the organizations;
``(III) the exchange, sharing, or disclosure of any
membership, mailing, contributor, or other list of names; or
``(IV) the authority or ability to direct, or to
participate in, the governance or decisionmaking of an
organization.''
(b) Reporting of Earmarked Contributions.--Section 304, as
amended by section 10037, is further amended by adding the
following new subsection:
``(f) Reporting of Earmarked Contributions.--(1) An
intermediary or conduit shall report the original source and
the intended recipient of each contribution forwarded to a
candidate in accordance with section 315(a)(8), and the
identification of each contributor as required by subsection
(b)(3). The intermediary or conduit shall also report the
total amount of contributions made through the intermediary
or conduit for each candidate to whom contributions were
directed in the reporting period, the dates on which the
contributions were received for that candidate, and the dates
on which they were forwarded to the candidate.
``(2) An authorized committee which receives contributions
through an intermediary or conduit shall report the total
amount received through each intermediary or conduit in the
reporting period, the dates the contributions were received,
and the identification of each contributor as required by
subsection (b)(3).''.
(c) Prohibition of Certain Contributions by Lobbyists.--
Section 315 of FECA (2 U.S.C. 441a), as amended by section
10036(b), is amended by adding at the end the following new
subsection:
``(m)(1) A lobbyist, or a political committee controlled by
a lobbyist, shall not make a contribution to--
``(A) a Federal officeholder or candidate for Federal
office if, during the preceding 12 months, the lobbyist has
made a lobbying contact with such officeholder or candidate;
or
``(B) any authorized committee of the President or Vice
President of the United States if, during the preceding 12
months, the lobbyist has made a lobbying contact with a
covered executive branch official.
``(2) A lobbyist who, or a lobbyist whose political
committee, has made any contribution to any member of
Congress or candidate for Congress (or any authorized
committee of the President) shall not, during the 12 months
following such contribution, make a lobbying contact with
such member or candidate who becomes a member of Congress or
with a covered executive branch official.
``(3) For purposes of this subsection--
``(A) the term `covered executive branch official' means
the President, Vice President, any officer or employee of the
executive office of the President other than a clerical or
secretarial employee, any officer or employee serving in an
Executive Level I, II, III, IV, or V position as designated
in statute or Executive order, any officer or employee
serving in a senior executive service position (as defined in
section 3232(a)(2) of title 5, United States Code), any
member of the uniformed services whose pay grade is at or in
excess of 0-7 under section 201 of title 37, United States
Code, and any officer or employee serving in a position of
confidential or policy-determining character under schedule C
of the excepted service pursuant to regulations implementing
section 2103 of title 5, United States Code;
``(B) the term `lobbyist' means--
``(i) a person required to register under section 308 of
the Federal Regulation of Lobbying Act (2 U.S.C. 267) or the
Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et
seq.) or any successor Federal law requiring a person who is
a lobbyist or foreign agent to register or a person to report
its lobbying activities; or
``(C) the term `lobbying contact'--
``(i) means an oral or written communication with or
appearance before a member of Congress or covered executive
branch official made by a lobbyist representing an interest
of another person with regard to--
``(I) the formulation, modification, or adoption of Federal
legislation (including a legislative proposal);
``(II) the formulation, modification, or adoption of a
Federal rule, regulation, Executive order, or any other
program, policy or position of the United States Government;
or
``(III) the administration or execution of a Federal
program or policy (including the negotiation, award, or
administration of a Federal contract, grant, loan, permit, or
license); but
``(ii) does not include a communication that is--
``(I) made by a public official acting in an official
capacity;
``(II) made by a representative of a media organization who
is primarily engaged in gathering and disseminating news and
information to the public;
``(III) made in a speech, article, publication, or other
material that is widely distributed to the public or through
the media;
``(IV) a request for an appointment, a request for the
status of a Federal action, or another similar ministerial
contact, if there is no attempt to influence a member of
Congress or covered executive branch official at the time of
the contact;
``(V) made in the course of participation in an advisory
committee subject to the Federal Advisory Committee Act (5
U.S.C. App.);
``(VI) testimony given before a committee, subcommittee, or
office of Congress a Federal agency, or submitted for
inclusion in the public record of a hearing conducted by the
committee, subcommittee, or office;
``(VII) information provided in writing in response to a
specific written request from a member of Congress or covered
executive branch official;
``(VIII) required by subpoena, civil investigative demand,
or otherwise compelled by statute, regulation, or other
action of Congress or a Federal agency;
``(IX) made to an agency official with regard to a judicial
proceeding, criminal or civil law enforcement inquiry,
investigation, or proceeding, or filing required by law;
``(X) made in compliance with written agency procedures
regarding an adjudication conducted by the agency under
section 554 of title 5, United States Code, or substantially
similar provisions;
``(XI) a written comment filed in a public docket and other
communication that is made on the record in a public
proceeding;
``(XII) a formal petition for agency action, made in
writing pursuant to established agency procedures; or
``(XIII) made on behalf of a person with regard to the
person's benefits, employment, other personal matters
involving only that person, or disclosures pursuant to a
whistleblower statute.''.
``(5) For purposes of this subsection, a lobbyist shall be
considered to make a lobbying contact or communication with a
member of Congress if the lobbyist makes a lobbying contact
or communication with--
``(A) the member of Congress;
``(B) any person employed in the office of the member of
Congress; or
``(C) any person employed by a committee, joint committee,
or leadership office who, to the knowledge of the lobbyist,
was employed at the request of or is employed at the pleasure
of, reports primarily to, represents, or acts as the agent of
the member of Congress.''.
SEC. 10042. CONTRIBUTIONS BY DEPENDENTS NOT OF VOTING AGE.
Section 315 of FECA (2 U.S.C. 441a), as amended by section
10041(c), is amended by adding at the end the following new
subsection:
``(n) For purposes of this section, any contribution by an
individual who--
``(1) is a dependent of another individual; and
``(2) has not, as of the time of such contribution,
attained the legal age for voting for elections to Federal
office in the State in which such individual resides,
shall be treated as having been made by such other
individual. If such individual is the dependent of another
individual and such other individual's spouse, the
contribution shall be allocated among such individuals in the
manner determined by them.''.
SEC. 10043. CONTRIBUTIONS TO CANDIDATES FROM STATE AND LOCAL
COMMITTEES OF POLITICAL PARTIES TO BE
AGGREGATED.
Section 315(a) of FECA (2 U.S.C. 441a(a)) is amended by
adding at the end the following new paragraph:
``(9) Notwithstanding paragraph (5)(B), a candidate for
Federal office may not accept, with respect to an election,
any contribution from a State or local committee of a
political party (including any subordinate committee of such
committee), if such contribution, when added to the total of
contributions previously accepted from all such committees of
that political party, exceeds a limitation on contributions
to a candidate under this section.''.
SEC. 10044. CONTRIBUTIONS AND EXPENDITURES USING MONEY
SECURED BY PHYSICAL FORCE OR OTHER
INTIMIDATION.
Title III of FECA, as amended by section 10054, is amended
by adding at the end the following new section:
``CONTRIBUTIONS AND EXPENDITURES USING MONEY SECURED BY PHYSICAL FORCE
OR OTHER INTIMIDATION
``Sec. 326. It shall be unlawful for any person to--
``(1) cause another person to make a contribution or
expenditure by using physical
[[Page S162]] force, job discrimination, financial
reprisals, or the threat of physical force, job
discrimination, or financial reprisal; or
``(2) make a contribution or expenditure utilizing money or
anything of value secured in the manner described in
paragraph (1).''.
SEC. 10045. PROHIBITION OF ACCEPTANCE BY A CANDIDATE OF CASH
CONTRIBUTIONS FROM ANY ONE PERSON AGGREGATING
MORE THAN $100.
Section 321 of FECA (2 U.S.C. 441g) is amended by inserting
``, and no candidate or authorized committee of a candidate
shall accept from any one person,'' after ``make''.
Subtitle E--Miscellaneous
SEC. 10051. PROHIBITION OF LEADERSHIP COMMITTEES.
Section 302(e) of FECA (2 U.S.C. 432(e)) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) No political committee that supports or has supported
more than one candidate may be designated as an authorized
committee, except that--
``(A) a candidate for the office of President nominated by
a political party may designate the national committee of
such political party as the candidate's principal campaign
committee, but only if that national committee maintains
separate books of account with respect to its functions as a
principal campaign committee; and
``(B) a candidate may designate a political committee
established solely for the purpose of joint fundraising by
such candidates as an authorized committee.''; and
(2) by adding at the end the following new paragraph:
``(6)(A) A candidate for Federal office or any individual
holding Federal office may not establish, finance, maintain,
or control any Federal or non-Federal political committee
other than a principal campaign committee of the candidate,
authorized committee, party committee, or other political
committee designated in accordance with paragraph (3). A
candidate for more than one Federal office may designate a
separate principal campaign committee for each Federal
office. This paragraph shall not preclude a Federal
officeholder who is a candidate for State or local office
from establishing, financing, maintaining, or controlling a
political committee for election of the individual to such
State or local office.
``(B) For one year after the effective date of this
paragraph, any political committee established before such
date but which is prohibited under subparagraph (A) may
continue to make contributions. At the end of that period
such political committee shall disburse all funds by one or
more of the following means: making contributions to an
entity qualified under section 501(c)(3) of the Internal
Revenue Code of 1986; making a contribution to the treasury
of the United States; contributing to the national, State or
local committees of a political party; or making
contributions not to exceed $1,000 to candidates for elective
office.''.
SEC. 10052. TELEPHONE VOTING BY PERSONS WITH DISABILITIES.
(a) Study of Systems To Permit Persons With Disabilities To
Vote by Telephone.--
(1) In general.--The Federal Election Commission shall
conduct a study to determine the feasibility of developing a
system or systems by which persons with disabilities may be
permitted to vote by telephone.
(2) Consultation.--The Federal Election Commission shall
conduct the study described in paragraph (1) in consultation
with State and local election officials, representatives of
the telecommunications industry, representatives of persons
with disabilities, and other concerned members of the public.
(3) Criteria.--The system or systems developed pursuant to
paragraph (1) shall--
(A) propose a description of the kinds of disabilities that
impose such difficulty in travel to polling places that a
person with a disability who may desire to vote is
discouraged from undertaking such travel;
(B) propose procedures to identify persons who are so
disabled; and
(C) describe procedures and equipment that may be used to
ensure that--
(i) only those persons who are entitled to use the system
are permitted to use it;
(ii) the votes of persons who use the system are recorded
accurately and remain secret;
(iii) the system minimizes the possibility of vote fraud;
and
(iv) the system minimizes the financial costs that State
and local governments would incur in establishing and
operating the system.
(4) Requests for proposals.--In developing a system
described in paragraph (1), the Federal Election Commission
may request proposals from private contractors for the design
of procedures and equipment to be used in the system.
(5) Physical access.--Nothing in this section is intended
to supersede or supplant efforts by State and local
governments to make polling places physically accessible to
persons with disabilities.
(6) Deadline.--The Federal Election Commission shall submit
to Congress the study required by this section not later than
1 year after the effective date of this Act.
SEC. 10053. CERTAIN TAX-EXEMPT ORGANIZATIONS NOT SUBJECT TO
CORPORATE LIMITS.
Section 316 of FECA (2 U.S.C. 441b) is amended by adding at
the end the following new subsection:
``(c) Prohibitions Not To Apply To Independent Expenditures
of Certain Tax-Exempt Organizations.--(1) Nothing in this
section shall preclude a qualified nonprofit corporation from
making independent expenditures (as defined in section
301(17)).
``(2) For purposes of this subsection, the term `qualified
nonprofit corporation' means a corporation exempt from
taxation under section 501(a) of the Internal Revenue Code of
1986 which is described in section 501(c)(4) of such Code and
which meets the following requirements:
``(A) Its only express purpose is the promotion of
political ideas.
``(B) It cannot and does not engage in any activities that
constitute a trade or business.
``(C) Its gross receipts for the calendar year have not
(and will not) exceed $100,000, and the net value of its
total assets at any time during the calendar year do not
exceed $250,000.
``(D) It was not established by a person described in
section 501(c)(6) of the Internal Revenue Code of 1986 that
is exempt from taxation under section 501(a) of such Code, a
corporation engaged in carrying out a trade or business, or a
labor organization, and it cannot and does not directly or
indirectly accept donations of anything of value from any
such person, corporation, or labor organization.
``(E) It--
``(i) has no shareholder or other person affiliated with it
that could make a claim on its assets or earnings, and
``(ii) offers no incentives or disincentives for
associating or not associating with it other than on the
basis of its position on any political issue.
``(3) If a major purpose of a qualified nonprofit
corporation is the making of independent expenditures, and
the requirements of section 301(4) are met with respect to
the corporation, the corporation shall be treated as a
political committee.
``(4) All solicitations by a qualified nonprofit
corporation shall include a notice informing contributors
that donations may be used by the corporation to make
independent expenditures.
``(5) A qualified nonprofit corporation shall file reports
as required by section 304 (c) and (d).
SEC. 10054. AIDING AND ABETTING VIOLATIONS OF FECA.
Title III of FECA, as amended by section 10035, is amended
by adding at the end the following new section:
``AIDING AND ABETTING VIOLATIONS
``Sec. 325. With reference to any provision of this Act
that places a requirement or prohibition on any person acting
in a particular capacity, any person who knowingly aids or
abets the person in that capacity in violating that provision
may be proceeded against as a principal in the violation.''.
SEC. 10055. CAMPAIGN ADVERTISING THAT REFERS TO AN OPPONENT.
Title III of FECA, as amended by section 10002, is amended
by adding at the end the following new section:
``campaign advertising that refers to an opponent
``Sec. 328. (a) Candidates.--A candidate or candidate's
authorized committee that places in the mail a campaign
advertisement or any other communication to the general
public that directly or indirectly refers to an opponent or
the opponents of the candidate in an election, with or
without identifying any opponent in particular, shall file an
exact copy of the communication with the Commission and with
the Secretary of State of the candidate's State by no later
than 12:00 p.m. on the day on which the communication is
first placed in the mail to the general public.
``(b) Persons Other Than Candidates.--A person other than a
candidate or candidate's authorized committee that places in
the mail a campaign advertisement or any other communication
to the general public that--
``(1) advocates the election of a particular candidate in
an election; and
``(2) directly or indirectly refers to an opponent or the
opponents of the candidate in the election, with or without
identifying any opponent in particular,
shall file an exact copy of the communication with the
Commission and with the Secretary of State of the candidate's
State by no later than 12:00 p.m. on the day on which the
communication is first placed in the mail to the general
public.''.
SEC. 10056. LIMIT ON CONGRESSIONAL USE OF THE FRANKING
PRIVILEGE.
Section 3210(a)(6)(A) of title 39, United States Code, is
amended to read as follows:
``(A) A Member of Congress may not mail any mass mailing as
franked mail during a year in which there will be an election
for the seat held by the Member during the period between
January 1 of that year and the date of the general election
for that office, unless the Member has made a public
announcement that the Member will not be a candidate for
reelection to that seat or for election to any other Federal
office.''.
Subtitle F--Effective Dates; Authorizations
SEC. 10061. EFFECTIVE DATE.
Except as otherwise provided in this title, the amendments
made by, and the provisions of, this title shall take effect
on the date of the enactment of this title.
SEC. 10062. BUDGET NEUTRALITY.
(a) Delayed Effectiveness.--The provisions of this title
(other than this section) shall not be effective until the
Director of
[[Page S163]] the Office of Management and Budget certifies
that the estimated costs under section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 have been
offset by the enactment of legislation effectuating this
title.
(b) Funding.--Legislation effectuating this title shall not
provide for general revenue increases, reduce expenditures
for any existing Federal program, or increase the Federal
budget deficit.
SEC. 10063. SEVERABILITY.
Except as provided in section 10001(c), if any provision of
this title (including any amendment made by this title), or
the application of any such provision to any person or
circumstance, is held invalid, the validity of any other
provision of this title, or the application of such provision
to other persons and circumstances, shall not be affected
thereby.
SEC. 10064. EXPEDITED REVIEW OF CONSTITUTIONAL ISSUES.
(a) Direct Appeal to Supreme Court.--An appeal may be taken
directly to the Supreme Court of the United States from any
interlocutory order or final judgment, decree, or order
issued by any court ruling on the constitutionality of any
provision of this title or amendment made by this title.
(b) Acceptance and Expedition.--The Supreme Court shall, if
it has not previously ruled on the question addressed in the
ruling below, accept jurisdiction over, advance on the
docket, and expedite the appeal to the greatest extent
possible.
SEC. 10065. REGULATIONS.
The Federal Election Commission shall prescribe any
regulations required to carry out the provisions of this
title within 9 months after the effective date of this title.
Mr. GLENN. Mr. President, Senator Sam Ervin, a great constitutional
scholar, once said that Congress is ``like a doctor prescribing
medicine for a patient that he himself would not take.'' I agree.
By enacting laws for others, and then exempting ourselves, we have
done great damage to the public perception of Congress. When I travel
in Ohio and other parts of the country, I find that people are
especially irritated that we do not have to follow the rules like
everybody else. Businessmen, especially, tell me that we in Congress
cannot understand the real impact of our laws, because we do not have
to follow them back here on Capitol Hill.
But there is an even more important principle at stake--to continue
to deprive our employees of the full protection of the law is wrong.
Let me be clear: I am not just talking about our legislative and
administrative personnel--whom many people think of in terms of Capitol
Hill staffers. There are also the cleaning crews, and the police, and
the restaurant workers, and the parking lot attendants, and the
plumbers, and the window washers--all of the workers who do not enjoy
the same rights as every other American not employed by the Congress.
I am very pleased that, in these opening days of the 104th Congress,
we can finally do what is right for these people, and eliminate this
congressional double standard under which we have enacted laws that
apply to everyone but ourselves.
This reform is long overdue. Our efforts to apply the law on Capitol
Hill go back many years. In 1978--only a few years after I came to the
Senate--I proposed a resolution to assure that all Senate employees
would be protected against employment discrimination. In explaining why
we needed this resolution, I said that Congress was The Last
Plantation. Some of my colleagues were not happy with me for this. But
the employees knew that what I said was true.
There resolution in 1978 did not pass, and it is only in the last few
years that we have finally enacted substantial legal protection for
Senate employees. Our Senate employees are now covered under the civil
rights laws and certain other employment laws, and they can take their
cases to the U.S. Court of Appeals. Despite this progress, however, we
still have an unacceptable patchwork quilt of coverage and exemption
here on Capitol Hill.
It has not been easy to solve this problem. My guiding principle has
been
that we in Congress should be subject to the same laws as apply to a
business back in our home State. But many Members also believe that the
Constitution requires us to preserve substantial independence of the
Senate and of the House of Representatives.
This is not simply a matter of personal prerogative or ego. For the
private sector, these laws are normally implemented by the executive
branch and the judicial branch. But many Senators--both Democrats and
Republicans--have expressed genuine concern about politically motivated
prosecutions that might result if we ignore the principle of separation
of powers as we apply these laws to Congress.
Last year, the majority leader, Senator Mitchell, asked me--as
chairman of the Governmental Affairs Committee--to try to find a
bipartisan solution. I started with the excellent bill introduced last
year by Senators Lieberman and Grassley. Then, together with Senator
Lieberman, Senator Grassley, and other Senators from both sides of the
aisle, we worked hard to reach a solution--and we succeeded. We
included even stronger application of the laws to Congress, and we also
included stronger protection of the constitutional independence of the
Senate and the House. Our legislation won broad bipartisan support, but
it was unfortunately blocked on the Senate floor in the closing days of
the 103d Congress.
I am very gratified that our solution to congressional coverage now
stands an excellent chance of being enacted by the new Congress. The
new Democratic leader, Senator Daschle, is introducing our
congressional accountability legislation, as part of a comprehensive
congressional reform proposal.
This proposal includes a number of reforms of the way Congress does
business, including measures on lobbying disclosure and gifts to
Members. These essential measures, which I support, were also blocked--
along with congressional coverage--at the end of the last Congress.
The first part of the Democratic leader's bill, which deals with
congressional coverage, is entitled the Congressional Accountability
Act of 1995. This legislation can be briefly summarized in five key
elements.
First, all of the rights and protections under the civil rights laws,
other employment statutes, and the public-access requirements of the
Americans with Disabilities Act would apply to the legislative branch.
This includes the Senate, the House of Representatives, and our support
agencies.
Second, a new compliance office would be established within the
legislative branch to handle claims and to issue
rules. The compliance office would be headed by an independent five-
person board of directors removable only for cause.It is unfortunate
that we have to create a new enforcement bureaucracy, at a time when we
are more concerned about streamlining the government. But many Members
believe that it would violate the constitutional separation of powers
to have the executive branch enforce these laws against Congress.
Third, any employee who believes there has been a violation could
receive counseling and mediation services from the new office. If the
employee's claim is not resolved by counseling or mediation, the
employee may file a complaint with the compliance office and receive a
hearing and decision from a hearing officer. This decision may be
appealed to the board and to the U.S. Court of Appeals.
Fourth, instead of filing a complaint with the compliance office
after counseling and mediation, the employee may elect to sue in U.S.
District Court. A jury trial may be requested under applicable law.
Fifth, the board will appoint a general counsel, who will enforce
OSHA, collective bargaining requirements, and other laws.
A similar bill is being introduced as part of Senator Dole's top-
priority legislation. With this strong bipartisan support, I am very
optimistic that congressional coverage legislation can now be promptly
enacted.
So I am very pleased that there now appears to be bipartisan support
for the Congressional Accountability Act. And I will be as pleased as
anyone when it is finally adopted.
But make no mistake about it: There is nothing new about this
measure. Congressional coverage legislation was adopted by the
democratically controlled House of Representatives last year.
Congressional coverage legislation was sent to the Senate floor by my
democratically controlled Governmental Affairs Committee last year.
And, unfortunately, it died in the final days of the democratically
controlled Congress in that scorched Earth atmosphere--the worst I have
ever seen in my 20 years in the Senate--that saw
[[Page S164]] Members opposing for the sake of opposing--and even
killing good legislation that they themselves supported--in order to
deny credit to the majority party.
Well, I will tell you something. I was not proud of what went on in
those final days, and I do not think the American people were either.
For they know that America did not rise to become the greatest nation
in the world by trying to out-delay, out-complain, and out-divide our
political opposition.
And--although it is easier said than done--it is high time that
Members started to put the national interest first. To calculate their
actions based not on the narrow political calculations of today--but on
what is best for the country tomorrow.
If Republicans and Democrats alike can just remember that, I believe
that we can have a very productive session.
The Congressional Accountability Act is a good place to start. And I
am very pleased that it is being introduced as part of Senator
Daschle's comprehensive congressional reform proposal.
Key Elements of the Congressional Accountability Act of 1995
1. Rights and Protections under Civil Rights and other
employment statutes and Americans with Disabilities Act would
apply fully to the House, the Senate, and all
instrumentalities.
2. A new compliance office would be established within the
Legislative Branch to handle claims and issue rules.
The compliance office would be headed by an independent 5-
percent Board of Directors removable only for cause.
3. An employee who believes there has been a violation
could receive counseling and mediation services from the new
office.
4. If the employee's claim is not resolved by counseling or
mediation, the employee may file a complaint with the
compliance office and receive a hearing and decision from a
hearing officer.
This decision may be appealed to the Board and to the
United States Court of Appeals.
5. Instead of filing a complaint with the compliance office
after counseling and medication, the employee may elect to
sue in United States District Court. A jury trial may be
requested under applicable law.
6. The General Counsel, to be appointed by the Board, will
enforce OSHA, collective bargaining requirements, and other
laws.
Summary of Costs and Other Impacts of Congressional Accountability Act
The CBO letter, at pages 44-49 of the GAC Report (and the
CBO letter for the House bill) describes the following costs:
1. New compliance office:
$1 million/year for 2 years, during start-up.
$2-3 million/year thereafter, including enforcement
procedures and OSHA inspections.
2. Settlements and awards to employees:
$0.5-1 million/year.
3. Federal labor-management relations
$1 million/year for lawyers and personnel officers.
4. OSHA
Existing standards--will require change in practices rather
than significant additional space or cost.
Possible future standards (e.g., ergonomic equipment; air
quality)--without specific standards, cost cannot be
predicted.
5. Fair Labor Standards
Capitol police--$0.8 million/year.
Other employees--CBO could not estimate. [CBO assumed the
compliance office would have wide discretion in establishing
rules and in allowing compensatory time instead of overtime.
This is incorrect: bill requires private-sector rules.]
6. Anti-discrimination laws--no additional cost, because
these requirements already apply under statutes or rules.
7. Polygraph protection--no effect; polygraphs are not
used.
8. Plant closing--no effect; no mass layoffs are
anticipated.
9. Veterans rehiring--not scored by CBO; added to the
legislation this year.
TOTAL ESTIMATE: $1 million/year for the 2 years, $4-5
million/year thereafter.
Summary of Laws and Procedures
1. APPLICABLE LAWS
a. Laws against employment discrimination:
Title VII of Civil Rights Act of 1964. (Race, religion,
national origin)
Age Discrimination in Employment Act of 1967.
Title I of the Americans with Disabilities Act of 1990.
Rehabilitation Act of 1973. (Discrimination against
disabled employees)
These laws already apply; the bill would strengthen
enforcement.
b. Family and Medical Leave Act of 1993. (Employees may
take up to 3 months off per year, for personal or family
medical needs, including birth)
Already applies; the bill would strengthen enforcement.
c. Fair Labor Standards Act of 1938. (Minimum wage;
overtime; sex discrimination in pay)
Use of volunteers would be allowed under the same standards
as apply to state and local governments.
For employees whose work schedule depends on the schedule
of house or Senate, special rules will be developed for
overtime, comparable to statutory provisions for industries
with irregular work schedule.
d. Americans with Disabilities Act of 1990 (access to
public services and public accommodations.
Already applies; the bill would allow enforcement.
e. Occupational Safety and Health Act of 1970 (``OSHA'').
f. Federal Service Labor-Management Relations Statute.
Application to personal, committee, or other political
offices would be deferred until rules are issued by the new
Office and approved by Congress.
g. Employee Polygraph Protection Act. (Prohibits use of
polygraphs for employees and job applicants, with exceptions
like national security and policy)
h. Worker Adjustment and Retraining Act. (Requires 2 months
advance written notice of plant closing or mass layoff, with
exceptions like necessity.)
i. Law on veterans' employment and reemployment. (Veterans
can get job back after up to 5 years' military service. They
also get the right to RAMSPEK into the Executive Branch.)
2. Procedures For Remedy
a. For employee claims (discrimination, family/medical
leave standards, fair labor standards, polygraph, plant
closing, veterans rehiring) there would be a 5-step
procedure:
counseling.
Mediation.
Trial before a hearing officer.
Appeal to the new Office's Board
Appeal to the U.S. Court of Appeals.or
Employees could elect to take case to Federal District
Court after the mediation step, instead of the hearing
officer.
b. For Americans with Disabilities Act:
A member of the public may submit a charge to the General
Counsel of the Office.
Only the General Counsel may call for mediation, or file a
complaint.
Appeal to the Board.
Appeal to the U.S. Court of Appeals.
c. For OSHA, the following procedural steps will be
available:
The General Counsel will inspect all facilities, using OSHA
detailees, and issue citations.
Disputes regarding citations will be referred to a hearing
officer.
Appeal to the Board.
Appeal to the Court of Appeals.
The Board may also approve requests for temporary
variances.
d. For collective bargaining law, the following procedural
steps will be available:
Petitions (e.g., requesting recognition of an exclusive
representative) will be considered by the Board, and could be
referred by the Board to a hearing officer.
Unfair labor practice charges--would be submitted to the
General Counsel, who will investigate and may file a
complaint. The complaint would be referred to a hearing
officer for decision, subject to appeal to the Board.
Negotiation impasses would be submitted to mediators.
court of Appeals review of Board decisions.
Mr. LEAHY. Mr. President, I am pleased to cosponsor S. 10. This bill
could be called the Golden Rule bill because its premise boils down to
Congress doing unto ourselves as we do unto others. I would be tempted
to say that this is a reform whose time has come, if it were not
already so painfully overdue.
When I first arrived in Washington as a newly elected Senator from
Vermont, I was struck by the double standard of rights. Congress passed
laws that applied to employers in this country--except Congress. It was
alien to anything I had ever experienced.
Contrary to advice from older and far more senior Members of the
Senate, in 1978 I introduced a bill that would extend coverage of
several important civil rights and labor laws to Congress. It was a
simple bill, founded on a simple premise: Congress, like everyone else
in the country, must be governed by the law.
Congress was not the last plantation, where everyone except the
master was subject to the master's rules. The Senate represented the
very seat of our democracy--and it was imperative that it act like one.
I introduced the bill, explaining on the Senate floor why Congress
must set an example to the public. The reaction of other Senators was
not entirely friendly. As I was leaving the Senate floor, a senior
Senator stopped to ask where I was rushing off to. I explained that I
had a plane to catch back to Vermont. The Senator remarked, ``Good, I
hope you stay there.''
My efforts to apply laws to Congress did not get much support in
1978. But I believed in it, and have continued to introduce it in the
years since then. Now, almost 17 years after I first introduced
congressional coverage legislation, we seem finally ready to act.
[[Page S165]] We have passed landmark legislation like the Civil
Rights Act of 1964, the Fair Labor Standards Act, the Occupational
Safety and Health Act and the Rehabilitation Act of 1973, to protect
the civil, social, physical, and economic working rights for American
workers. What we failed to do each time we passed legislation was make
sure that Congress was covered. By exempting itself from important
civil rights and labor laws, Congress denied to the men and women who
serve us every day the rights and protections afforded to other
American workers, simply because of the place of their employment.
The result has come home to roost. The American people question
whether Congress understands their problems in part because Congress
does not have to live under the same rules as other Americans. This
bill is a step toward regaining the confidence of the American people.
Congress cannot be above the laws it passes. It must provide to all
its employees the same protections it requires other employers to give.
The American people want this body to play by the same rules and
observe the same laws that we impose on everyone else.
Unlike the Republican version of the congressional coverage bill, the
Democratic alternative (S. 10), which I am glad to cosponsor, contains
provisions for lobbying reform, and limits on gifts to Members and
congressional staff. The Republican version is called the Congressional
Accountability Act, even though it fails to address matters that are
necessary for it to amount to true accountability to the American
people. In fact, that bill is limited to extending only a few
employment laws to Congress but not other critical measures that we
were stopped from approving last year by our Republican colleagues.
That bill does not address the key issues needed for accountability
that we have been trying to act on for some time.
In particular, I refer to lobbying reform, the gift ban and campaign
finance reform legislation that was bottled up again last year. We
should be moving on these important fronts if we are serious about
accountability. The Republican bill merely lends some institutional
responsibility to our remaining employees. Accountability should
include responsibility to the rest of the American people, as well.
That means reforming the way money can affect the legislative process.
I am supporting S. 10 because it goes further than the Republican
alternative and takes affirmative steps to provide that accountability.
I must observe, however, that this effort is deficient in one key
regard for its failure to increase sunshine and public information
about Congress. I have previously pressed to have principles of the
Freedom of Information Act and Privacy Act apply to Congress. We need
to have more open processes if we hope to restore Americans' belief in
our representative legislative bodies. While it is true that simply
applying FOIA questions, this bill does nothing to begin answering
those questions and makes no effort toward increasing sunshine in our
institutions of government.
I have no doubt that giving people greater access to information on
how decisions are made in Congress would go a long way to reducing the
cynicism that the American people have about what we do here. We must
work to find ways to increase our openness and accessibility to the
public.
______
By Mr. KYL:
S. 11. A bill to award grants to States to promote the development of
alternative dispute resolution systems for medical malpractice claims,
to generate knowledge about such systems through expert data gathering
and assessment activities, to promote uniformity and to curb excesses
in State liability systems through federally-mandated liability
reforms, and for other purposes; to the Committee on the Judiciary.
MEDICAL CARE INJURY COMPENSATION ACT
Mr. KYL. Mr. President, I rise as the sponsor of S. 11, the ``Medical
Care Injury Compensation Act of 1995.'' As the 104th Congress begins to
consider targeted, market based health care reform options, we should
remember that medical malpractice costs are an integral component of
the high cost of medical care and health insurance. The current medical
malpractice system encourages litigation and exorbitant out-of-court
settlements. According to a Lewin-VHI study, direct liability costs
have been growing at four times the rate of inflation. Defensive
medicine is projected to add as much as $76 billion annually to
national health care costs by the year 2000. Doctors' fear is
reasonable when viewed in light of a study done by the Institute of
Medicine which found that 40% of all doctors and 70% of all
obstetrician-gynecologists will be sued during their careers.
Mr. President, medical liability costs do not result in the
productive use of our national health care dollars. According to a
study by the Hudson Institute, of the billions spent annually on
medical liability costs, 57 cents out of each dollar goes to lawyers
rather than injured patients. This study concluded that medical
liability costs added $450 in direct and indirect costs to each
hospital admission. Nationally, this represents more than 5% of the
average hospital's operating expenses.
In an effort to address this problem through sensible targeted
reform, I have introduced S. 11. This legislation caps non-economic
damages such as pain and suffering at $250,000; imposes a limit on
attorneys' fees of 25% of the first $150,000 recovered and 15% of any
amount in excess of $150,000; provides for periodic payments where
damages for future economic loss exceed $100,000; provides for
mandatory offsets for damages paid by a ``collateral source;'' and
reforms ``joint and several'' liability.
S. 11 also directs the Secretary of Health and Human Services to make
grants to the states for the implementation and evaluation of
alternative dispute resolution (ADR) systems.
Mr. President, I believe S. 11 offers an important legislative
mechanism for controlling national health care expenditures. I hope may
colleagues will join me in support S. 11.
______
By Mr. ROTH (for himself, Mr. Breaux, Mr. Pryor, and Mr.
Murkowski):
S. 12. A bill to amend the Internal Revenue Code of 1986 to encourage
savings and investment through individual retirement accounts, and for
other purposes; to the Committee on Finance.
the restoration of the ira act of 1995
Mr. ROTH. Mr. President, today we re-introduce the Super IRA, a
savings plan that is well-known as the Bentsen-Roth IRA, and now the
Roth-Breaux IRA. The former Chairman of the Finance Committee, and
Secretary of the Treasury, Lloyd Bentsen, joined with me to offer his
leadership on this almost four years ago--and now I believe we are on
the verge of completing our work of seeing this bill adopted.
Today I'm proud to be joined by Senator John Breaux, in introducing
this bill. I believe that this bill is extremely well conceived and
promotes the two most important issues facing us today: the family and
the failure of our economy.
It is clear, after passing the Bentsen-Roth IRA twice in 1992, that
Congress not only understands the need to strengthen family and the
economy, but that Congress is willing to work in bipartisan cooperation
to pass this legislation. We have done it before; we can do it again.
This Super IRA will do much not only to serve our families and help
our nation's savings rate, but it will also restore equity to spouses
who want to participate in the program. The lack of savings in this
country, as we all know, has reached crisis proportions. Chairman Alan
Greenspan, at the Federal Reserve, has said that the single most
important long-term economic issue for this country is savings--savings
that are essential for jobs, opportunity, and growth. This bill will
help bring new savers into the act.
Savings is not only important to our nation's economy, it is also
important to create security and self-reliance in our families. This
Super IRA will help Americans. It is flexible, allowing withdrawals to
be made penalty-free to purchase first homes, to pay for unusually
large medical bills, college educations, and to help families during
extended periods of unemployment.
One of the primary benefits of this Super IRA is that parents and
grandparents are able to draw down their IRAs without penalty to pay
their children's college education, or contribute
[[Page S166]] toward their children's first home. Children and
grandchildren can use their IRAs to help their parents and
grandparents. This is what real ``opportunity'' is all about--
``opportunity'' for the family--``opportunity'' because once again
Americans can focus on self-reliance and prepare with greater certainty
for their futures.
Let me stress, this Super IRA eliminates the unequal treatment of
spouses that now exists under current law. This bill will allow spouses
[husbands or wives] who work at home to make equal IRA contributions,
up to $2,000, in their own accounts.
This promotes personal responsibility. The individual is enabled to
provide for his or her family, and does not have to rely on the limited
hand of government for their support.
Mr. President, it's clear to see why this is a bill whose time has
come. We have passed it before--in both Houses of Congress--now we must
pass it again. It serves the individual. It serves the family. It
serves the nation. It is equitable, restoring spousal contributions to
where they should be. It is flexible, offering penalty-free withdrawals
for life's necessities. It promises the vital capital formation America
needs to invest in its future. And it builds upon the very important
concept of self-reliance. Mr. President, this bill must be passed,
again.
Mr. President, I ask unanimous consent that the text of the bill and
additional material be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 12
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Savings
and Investment Incentive Act of 1995''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
TITLE I--RETIREMENT SAVINGS INCENTIVES
Subtitle A--Restoration of IRA Deduction
SEC. 101. RESTORATION OF IRA DEDUCTION.
(a) Phase-Up of Income Limits.--
(1) In general.--Subparagraph (B) of section 219(g)(3)
(relating to applicable dollar amount) is amended to read as
follows:
``(B) Applicable dollar amount.--The term `applicable
dollar amount' means the following:
``(i) In the case of a taxpayer filing a joint return:
The applicable dollar amount is::
$65,000................................................................
$90,000................................................................
$115,000...............................................................
$140,000...............................................................
``(ii) In the case of any other taxpayer (other than a
married individual filing a separate return):
The applicable dollar amount is::
$50,000................................................................
$75,000................................................................
$100,000...............................................................
$125,000...............................................................
``(iii) In the case of a married individual filing a
separate return, zero.''.
(2) Unlinking of spousal rule.--Paragraph (1) of section
219(g) (relating to limitation on deduction for active
participants in certain pension plans) is amended by striking
``or the individual's spouse''.
(b) Termination of Income Limits.--
(1) In General.--Section 219 (relating to deduction for
retirement savings), as amended by section 102, is amended by
striking subsection (g) and by redesignating subsections (h)
and (i) as subsection (g) and (h), respectively.
(2) Technical and conforming amendments.--
(A) Subsection (f) of section 219 is amended by striking
paragraph (7).
(B) Paragraph (5) of section 408(d) is amended by striking
the last sentence.
(C) Section 408(o) is amended by adding at the end the
following new paragraph:
``(5) Termination.--This subsection shall not apply to any
designated nondeductible contribution for any taxable year
beginning after December 31, 1998.''.
(D) Section 408A(c)(2)(A), as added by section 111, is
amended by striking ``(computed without regard to subsections
(b)(4) and (g) of such section)'' and inserting ``(computed
without regard to section 219(b)(4))''.
(E) Subsection (b) of section 4973 is amended by striking
the last sentence.
(c) Effective Dates.--
(1) Phase-up.--The amendments made by subsection (a) shall
apply to taxable years beginning after December 31, 1994.
(2) Termination.--The amendments made by subsection (b)
shall apply to taxable years beginning after December 31,
1998.
SEC. 102. INFLATION ADJUSTMENT FOR DEDUCTIBLE AMOUNT.
(a) In General.--Section 219, as amended by section 101(a),
is amended by redesignating subsection (h) as subsection (i)
and by inserting after subsection (g) the following new
subsection:
``(h) Cost-of-Living Adjustments.--
``(1) Deduction amount.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 1995, the $2,000 amount
under subsection (b)(1)(A) shall be increased by an amount
equal to the product of $2,000 and the cost-of-living
adjustment for the calendar year.
``(B) Rounding to next lowest $500.--If the amount to which
$2,000 would be increased under subparagraph (A) is not a
multiple of $500, such amount shall be rounded to the next
lowest multiple of $500.
``(2) Related amounts.--Each of the dollar amounts
contained in subsection (c)(2) shall be increased at the same
time, and by the same amount, as the increase under paragraph
(1).
``(3) Cost-of-living adjustment.--For purposes of this
subsection:
``(A) In general.--The cost-of-living adjustment for any
calendar year is the percentage (if any) by which--
``(i) the CPI for such calendar year, exceeds
``(ii) the CPI for 1994.
``(B) CPI for any calendar year.--The CPI for any calendar
year shall be determined in the same manner as under section
1(f)(4).''.
(b) Conforming Amendments.--
(1) Section 408(a)(1) is amended by striking ``in excess of
$2,000 on behalf of any individual'' and inserting ``on
behalf of any individual in excess of the amount in effect
for such taxable year under section 219(b)(1)(A)''.
(2) Section 408(b)(2)(B) is amended by striking ``$2,000''
and inserting ``the dollar amount in effect under section
219(b)(1)(A)''.
(3) Section 408(j) is amended by striking ``$2,000''.
SEC. 103. HOMEMAKERS ELIGIBLE FOR FULL IRA DEDUCTION.
(a) Spousal IRA Computed on Basis of Compensation of Both
Spouses.--Subsection (c) of section 219 (relating to special
rules for certain married individuals) is amended to read as
follows:
``(c) Special Rules for Certain Married Individuals.--
``(1) In general.--In the case of an individual to whom
this paragraph applies for the taxable year, the limitation
of paragraph (1) of subsection (b) shall be equal to the
lesser of--
``(A) $2,000, or
``(B) the sum of--
``(i) the compensation includible in such individual's
gross income for the taxable year, plus
``(ii) the compensation includible in the gross income of
such individual's spouse for the taxable year reduced by the
amount allowable as a deduction under subsection (a) to such
spouse for such taxable year.
``(2) Individuals to whom paragraph (1) applies.--Paragraph
(1) shall apply to any individual if--
``(A) such individual files a joint return for the taxable
year, and
``(B) the amount of compensation (if any) includible in
such individual's gross income for the taxable year is less
than the compensation includible in the gross income of such
individual's spouse for the taxable year.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 219(f) (relating to other
definitions and special rules) is amended by striking
``subsections (b) and (c)'' and inserting ``subsection (b)''.
(2) Paragraph (2) of section 219(h), as added by section
102, is amended by striking ``Each of the dollar amounts''
and inserting ``The dollar amount''.
(3) Section 408(d)(5) is amended by striking ``$2,250'' and
inserting ``$2,000''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1994.
SEC. 104. CERTAIN COINS AND BULLION NOT TREATED AS
COLLECTIBLES.
(a) In General.--Paragraph (3) of section 408(m) (relating
to exception for certain coin) is amended to read as follows:
``(3) Exception for certain coins and bullion.--For
purposes of this subsection, the term `collectible' shall not
include--
``(A) any coin certified by a recognized grading service
and traded on a nationally recognized electronic network, or
listed by a recognized wholesale reporting service, and--
``(i) which is or was at any time legal tender in the
country of issuance, or
``(ii) issued under the laws of any State, and
``(B) any gold, silver, platinum, or palladium bullion
(whether fabricated in the form of a coin or otherwise) of a
fineness equal to or exceeding the minimum fineness required
for metals which may be delivered in satisfaction of a
regulated futures contract subject to regulation by the
Commodity Futures Trading Commission under the Commodity
Exchange Act,
if such coin or bullion is in the physical possession of a
trustee described under subsection (a) of this section.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
1994.
[[Page S167]] SEC. 105. COORDINATION OF IRA DEDUCTION LIMIT
WITH ELECTIVE DEFERRAL LIMIT.
(a) In General.--Section 219(b) (relating to maximum amount
of deduction) is amended by adding at the end the following
new paragraph:
``(4) Coordination with elective deferral limit.--The
amount determined under paragraph (1) or subsection (c)(1)
with respect to any individual for any taxable year shall not
exceed the excess (if any) of--
``(A) the maximum amount of elective deferrals of the
individual which are excludable from gross income for the
taxable year under section 402(g)(1), over
``(B) the amount so excluded.''.
(b) Conforming Amendment.--Section 219(c), as amended by
section 104, is amended by adding at the end the following
new paragraph:
``(3) Cross reference.--
``For reduction in paragraph (1) amount, see subsection (b)(4).''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1994.
Subtitle B--Nondeductible Tax-Free IRAs
SEC. 111. ESTABLISHMENT OF NONDEDUCTIBLE TAX-FREE INDIVIDUAL
RETIREMENT ACCOUNTS.
(a) In General.--Subpart A of part I of subchapter D of
chapter 1 (relating to pension, profit-sharing, stock bonus
plans, etc.) is amended by inserting after section 408 the
following new section:
``SEC. 408A. IRA PLUS ACCOUNTS.
``(a) General Rule.--Except as provided in this section, an
IRA Plus account shall be treated for purposes of this title
in the same manner as an individual retirement plan.
``(b) IRA Plus Account.--For purposes of this title, the
term `IRA Plus account' means an individual retirement plan
which is designated at the time of establishment of the plan
as an IRA Plus account.
``(c) Treatment of Contributions.--
``(1) No deduction allowed.--No deduction shall be allowed
under section 219 for a contribution to an IRA Plus account.
``(2) Contribution limit.--The aggregate amount of
contributions for any taxable year to all IRA Plus accounts
maintained for the benefit of an individual shall not exceed
the excess (if any) of--
``(A) the maximum amount allowable as a deduction under
section 219 with respect to such individual for such taxable
year (computed without regard to subsections (b)(4) and (g)
of such section), over
``(B) the amount so allowed.
``(3) Rollover contributions.--
``(A) In general.--No rollover contribution may be made to
an IRA Plus account unless it is a qualified transfer.
``(B) Coordination with limit.--A rollover contribution
shall not be taken into account for purposes of paragraph
(2).
``(d) Tax Treatment of Distributions.--
``(1) In general.--Except as provided in this subsection,
any amount paid or distributed out of an IRA Plus account
shall not be included in the gross income of the distributee.
``(2) Exception for earnings on contributions held less
than 5 years.--
``(A) In general.--Any amount distributed out of an IRA
Plus account which consists of earnings allocable to
contributions made to the account during the 5-year period
ending on the day before such distribution shall be included
in the gross income of the distributee for the taxable year
in which the distribution occurs.
``(B) Cross reference.--
``For additional tax for early withdrawal, see section 72(t).
``(C) Ordering rule.--
``(i) First-in, first-out rule.--Distributions from an IRA
Plus account shall be treated as having been made--
``(I) first from the earliest contribution (and earnings
allocable thereto) remaining in the account at the time of
the distribution, and
``(II) then from other contributions (and earnings
allocable thereto) in the order in which made.
``(ii) Allocations between contributions and earnings.--Any
portion of a distribution allocated to a contribution (and
earnings allocable thereto) shall be treated as allocated
first to the earnings and then to the contribution.
``(iii) Allocation of earnings.--Earnings shall be
allocated to a contribution in such manner as the Secretary
may by regulations prescribe.
``(iv) Contributions in same year.--Except as provided in
regulations, all contributions made during the same taxable
year may be treated as 1 contribution for purposes of this
subparagraph.
``(3) Rollovers.--
``(A) In general.--Paragraph (2) shall not apply to any
distribution which is transferred in a qualified transfer to
another IRA Plus account.
``(B) Contribution period.--For purposes of paragraph (2),
the IRA Plus account to which any contributions are
transferred from another IRA Plus account shall be treated as
having held such contributions during any period such
contributions were held (or are treated as held under this
subparagraph) by the account from which transferred.
``(4) Special rules relating to certain transfers.--
``(A) In general.--Notwithstanding any other provision of
law, in the case of a qualified transfer to an IRA Plus
account from an individual retirement plan which is not an
IRS Plus account--
``(i) there shall be included in gross income any amount
which, but for the qualified transfer, would be includible in
gross income, but
``(ii) section 72(t) shall not apply to such amount.
``(B) Time for inclusion.--In the case of any qualified
transfer which occurs before January 1, 1997, any amount
includible in gross income under subparagraph (A) with
respect to such contribution shall be includible ratably over
the 4-taxable year period beginning in the taxable year in
which the amount was paid or distributed out of the
individual retirement plan.
``(e) Qualified Transfer.--For purposes of this section,
the term `qualified transfer' means a transfer to an IRA Plus
account from another such account or from an individual
retirement plan but only if such transfer meets the
requirements of section 408(d)(3).''.
(b) Early Withdrawal Penalty.--Section 72(t), as amended by
section 201(c), is amended by adding at the end the following
new paragraph:
``(8) Rules relating to ira plus accounts.--In the case of
an IRA Plus account under section 408A--
``(A) this subsection shall only apply to distributions out
of such account which consist of earnings allocable to
contributions made to the account during the 5-year period
ending on the day before such distribution, and
``(B) paragraph (2)(A)(i) shall not apply to any
distribution described in subparagraph (A).''.
(c) Excess Contributions.--Section 4973(b) is amended by
adding at the end the following new sentence: ``For purposes
of paragraphs (1)(B) and (2)(C), the amount allowable as a
deduction under section 219 shall be computed without regard
to section 408A.''
(d) Conforming Amendment.--The table of sections for
subpart A of part I of subchapter D of chapter 1 is amended
by inserting after the item relating to section 408 the
following new item:
``Sec. 408A. IRA Plus accounts.''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 1994.
(2) Qualified transfers in 1994.--The amendments made by
this section shall apply to any qualified transfer during any
taxable year beginning in 1994.
TITLE II--PENALTY-FREE DISTRIBUTIONS
SEC. 201. DISTRIBUTIONS FROM CERTAIN PLANS MAY BE USED
WITHOUT PENALTY TO PURCHASE FIRST HOMES OR TO
PAY HIGHER EDUCATION OR FINANCIALLY DEVASTATING
MEDICAL EXPENSES.
(a) In General.--Paragraph (2) of section 72(t) (relating
to exceptions to 10-percent additional tax on early
distributions from qualified retirement plans) is amended by
adding at the end the following new subparagraph:
``(D) Distributions from certain plans for first home
purchases or educational expenses.--Distributions to an
individual from an individual retirement plan, or from
amounts attributable to employer contributions made pursuant
to elective deferrals described in subparagraph (A) or (C) of
section 402(g)(3) or section 501(c)(18)(D)(iii)--
``(i) which are qualified first-time homebuyer
distributions (as defined in paragraph (6)), or
``(ii) to the extent such distributions do not exceed the
qualified higher education expenses (as defined in paragraph
(7)) of the taxpayer for the taxable year.''.
(b) Financially Devastating Medical Expenses.--
(1) In general.--Section 72(t)(3)(A) is amended by striking
``(B),''.
(2) Certain lineal descendants and ancestors treated as
dependents.--Subparagraph (B) of section 72(t)(2) is amended
by striking ``medical care'' and all that follows and
inserting ``medical care determined--
``(i) without regard to whether the employee itemizes
deductions for such taxable year, and
``(ii) by treating such employee's dependents as
including--
``(I) all children and grandchildren of the employee or
such employee's spouse, and
``(II) all ancestors of the employee or such employee's
spouse.''.
(3) Conforming amendment.--Subparagraph (B) of section
72(t)(2) is amended by striking ``or (C)'' and inserting ``,
(C) or (D)''.
(c) Definitions.--Section 72(t) is amended by adding at the
end the following new paragraphs:
``(6) Qualified first-time homebuyer distributions.--For
purposes of paragraph (2)(D)(i):
``(A) In general.--The term `qualified first-time homebuyer
distribution' means any payment or distribution received by
an individual to the extent such payment or distribution is
used by the individual before the close of the 60th day after
the day on which such payment or distribution is received to
pay qualified acquisition costs with respect to a principal
residence of a first-time homebuyer who is such individual,
the spouse of such individual, or any child, grandchild, or
ancestor of such individual or the individual's spouse.
[[Page S168]] ``(B) Qualified acquisition costs.--For
purposes of this paragraph, the term `qualified acquisition
costs' means the costs of acquiring, constructing, or
reconstructing a residence. Such term includes any usual or
reasonable settlement, financing, or other closing costs.
``(C) First-time homebuyer; other definitions.--For
purposes of this paragraph:
``(i) First-time homebuyer.--The term `first-time
homebuyer' means any individual if--
``(I) such individual (and if married, such individual's
spouse) had no present ownership interest in a principal
residence during the 2-year period ending on the date of
acquisition of the principal residence to which this
paragraph applies, and
``(II) subsection (a)(6), (h), or (k) of section 1034 did
not suspend the running of any period of time specified in
section 1034 with respect to such individual on the day
before the date the distribution is applied pursuant to
subparagraph (A)(ii).
``(ii) Principal residence.--The term `principal residence'
has the same meaning as when used in section 1034.
``(iii) Date of acquisition.--The term `date of
acquisition' means the date--
``(I) on which a binding contract to acquire the principal
residence to which subparagraph (A) applies is entered into,
or
``(II) on which construction or reconstruction of such a
principal residence is commenced.
``(D) Special rule where delay in acquisition.--If any
distribution from any individual retirement plan fails to
meet the requirements of subparagraph (A) solely by reason of
a delay or cancellation of the purchase or construction of
the residence, the amount of the distribution may be
contributed to an individual retirement plan as provided in
section 408(d)(3)(A)(i) (determined by substituting `120
days' for `60 days' in such section), except that--
``(i) section 408(d)(3)(B) shall not be applied to such
contribution, and
``(ii) such amount shall not be taken into account in
determining whether section 408(d)(3)(A)(i) applies to any
other amount.
``(7) Qualified higher education expenses.--For purposes of
paragraph (2)(D)(ii):
``(A) In general.--The term `qualified higher education
expenses' means tuition, fees, books, supplies, and equipment
required for the enrollment or attendance of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any child (as defined in section 151(c)(3)),
grandchild, or ancestor of the taxpayer or the taxpayer's
spouse,
at an eligible educational institution (as defined in section
135(c)(3)).
``(B) Coordination with savings bond provisions.--The
amount of qualified higher education expenses for any taxable
year shall be reduced by any amount excludable from gross
income under section 135.''.
(d) Penalty-Free Distributions for Certain Unemployed
Individuals.--Paragraph (2) of section 72(t) is amended by
adding at the end the following new subparagraph:
``(E) Distributions to unemployed individuals.--A
distribution from an individual retirement plan to an
individual after separation from employment, if--
``(i) such individual has received unemployment
compensation for 12 consecutive weeks under any Federal or
State unemployment compensation law by reason of such
separation, and
``(ii) such distributions are made during any taxable year
during which such unemployment compensation is paid or the
succeeding taxable year.
To the extent provided in regulations, a self-employed
individual shall be treated as meeting the requirements of
clause (i) if, under Federal or State law, the individual
would have received unemployment compensation but for the
fact the individual was self-employed.''.
(e) Conforming Amendments.--
(1) Section 401(k)(2)(B)(i) is amended by striking ``or''
at the end of subclause (III), by striking ``and'' at the end
of subclause (IV) and inserting ``or'', and by inserting
after subclause (IV) the following new subclause:
``(V) the date on which qualified first-time homebuyer
distributions (as defined in section 72(t)(6)) or
distributions for qualified higher education expenses (as
defined in section 72(t)(7)) are made, and''.
(2) Section 403(b)(11) is amended by striking ``or'' at the
end of subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, or'', and by inserting
after subparagraph (B) the following new subparagraph:
``(C) for qualified first-time homebuyer distributions (as
defined in section 72(t)(6)) or for the payment of qualified
higher education expenses (as defined in section
72(t)(7)).''.
(f) Effective Date.--The amendments made by this section
shall apply to payments and distributions after the date of
the enactment of this Act.
TITLE III--AID TO FAMILIES WITH DEPENDENT CHILDREN
SEC. 301. DISREGARD OF INCOME AND RESOURCES DESIGNATED FOR
EDUCATION, TRAINING, AND EMPLOYABILITY.
(a) Disregard as Resource.--Section 402(a)(7)(B) of the
Social Security Act (42 U.S.C. 602(a)(7)(B)) is amended--
(1) by striking ``or'' before ``(iv)'', and
(2) by inserting ``, or (v) at the option of the State, in
the case of a family receiving aid under the State plan (and
a family not receiving such aid but which received such aid
in at least 1 of the preceding 4 months or became ineligible
for such aid during the preceding 12 months because of
excessive earnings), any amount not to exceed $8,000 in a
qualified asset account (as defined in section 406(i)) of
such family'' before ``; and''.
(b) Disregard as Income.--
(1) In general.--Section 402(a)(8)(A) of such Act (42
U.S.C. 602(a)(8)(A)) is amended--
(A) by striking ``and'' at the end of clause (vii), and
(B) by inserting after clause (viii) the following new
clause:
``(ix) shall disregard any interest or income earned on a
qualified asset account (as defined in section 406(i));
and''.
(2) Nonrecurring lump sum exempt from lump sum rule.--
Section 402(a)(17) of such Act (42 U.S.C. 602(a)(17)) is
amended by adding at the end the following: ``; and that this
paragraph shall not apply to earned or unearned income
received in a month on a nonrecurring basis to the extent
that such income is placed in a qualified asset account (as
defined in section 406(i)) the total amount in which, after
such placement, does not exceed $8,000;''.
(3) Treatment as income.--Section 402(a)(7) of such Act (42
U.S.C. 602(a)(7)) is amended--
(A) by striking ``and'' at the end of subparagraph (B),
(B) by striking the semicolon at the end of subparagraph
(C) and inserting ``; and'', and
(C) by adding at the end the following new subparagraph:
``(D) shall treat as income any distributions from a
qualified asset account (as defined in section 406(i)(1))
which do not meet the definition of a qualified distribution
under section 406(i)(2);''.
(c) Qualified Asset Accounts.--Section 406 of such Act (42
U.S.C. 606) is amended by adding at the end the following:
``(i)(1) The term `qualified asset account' means a
mechanism approved by the State (such as individual
retirement accounts, escrow accounts, or savings bonds) that
allows savings of a family receiving aid to families with
dependent children to be used for qualified distributions.
``(2) The term `qualified distributions' means
distributions for expenses directly related to one or more of
the following purposes:
``(A) The attendance of a member of the family at any
education or training program.
``(B) The improvement of the employability (including self-
employment) of a member of the family (such as through the
purchase of an automobile).
``(C) The purchase of a home for the family.
``(D) A change of the family residence.''.
(d) Study of Use of Qualified Asset Accounts; Report.--The
Secretary of Health and Human Services shall conduct a study
of the use of qualified asset accounts established pursuant
to the amendments made by this section, and shall report on
such study and any recommendations for modifications of such
amendments to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives
not later than January 1, 1998.
(e) Report on AFDC Asset Limit on Automobiles.--Within 3
months after the date of the enactment of this section, the
Secretary of Health and Human Services shall submit to the
Congress a report on--
(1) the need to revise the limitation, established in
regulations pursuant to section 402(a)(7)(B)(i) of the Social
Security Act, on the value of a family automobile required to
be disregarded by a State in determining the eligibility of
the family for aid to families with dependent children under
the State plan approved under part A of title IV of such Act,
and
(2) the extent to which such a revision would increase the
employability of recipients of such aid.
(f) Effective Date.--The amendments made by this section
shall take effect on October 1, 1995, with respect to
accounts approved on or after such date and before October 1,
1998.
____
The Case for Individual Retirement Accounts:
The Need for Savings
There is a growing consensus in Congress that demonstrates
Members agree Americans must save their money and become
self-reliant. The lack of savings in this country has reached
crisis proportions--THERE IS A SAVINGS CRISIS! The personal
saving rate in America has decreased steadily over the past
25 years, falling from 8 percent in the 1960's and 70's, to
less than 4 percent today. According to the Congressional
Budget Office, the national saving rate was only 1.7 percent
in 1993, down from 3 percent from 1981 to 1993. The Chairman
of the Federal Reserve, Alan Greenspan, has said that the
single most important long-term economic issue for this
country is that of national savings. There is a growing
consensus that it is the responsibility of Congress to help
Americans save, to empower our families toward self-reliance.
And I strongly believe that removing the savings penalties in
the tax code is the best way to increase this nation's
savings rate and self-reliance.
We all know the statistics: the British and Germans save
twice as much, while the Japanese and French save at a rate
more than
[[Page S169]] three times that of Americans, largely--I
believe--because of their tax incentives. Consequently, Japan
has the highest personal saving rate among advanced nations,
and ample funds needed to finance capital investment in the
best and most productive equipment. Thus Japanese business
and workers have the most advanced tools available in the
global marketplace. Meanwhile, the U.S. government levies a
heavy tax burden on saving and capital. Though the American
economy has many strengths, our tax policy hampers our
ability to compete with the advantages offered by Japan. Our
punitive antisavings and anti-investment tax code is
crippling our competitiveness at a turning point in economic
history. We must remember that we cannot tax ourselves into
prosperity. By suppressing saving and capital investment now,
we are crippling our economy for the challenges of the
further.
Increase savings will produce more high paying jobs,
increase productivity, stimulate economic growth and help
enable us to compete with our competitors abroad.
encouraging savings
One of the most important questions is how to encourage
Americans to save more. That is why we have crafted this bill
to bring new savers into the act. We must recognize that
there are other important reasons for Americans to save long-
term, besides the pressing economic needs of our country and
the need for retirement. For example, our young people today
have an almost impossible time scraping together a down-
payment for their first home. Our families find it more and
more difficult to save for their children college education.
And, our older Americans worry about their security as
retirement approaches.
Consequently, the best answer to meet our savings needs is
to allow Americans to save for what they need most. And that
is the approach that we have taken in drafting this
legislation. This legislation allows savers the chance to use
the IRA to help them pay for a college education, buy their
first home, pay for financially devastating health costs or
cover family costs during an extraordinary period of
unemployment. By allowing Americans the ability to withdrew
IRA savings--savings once reserved for retirement only--for
these four additional purposes, without a penalty for early
withdrawal, we have greatly enhanced the flexibility of the
IRA and strongly encouraged Americans to put more savings
away. One of the primary benefits of this new withdrawal
feature is that parents and grandparents would be allowed to
draw down their IRA without penalty to pay their children's
college education, or contribute toward their children's
first home. Increased savings is essential in order to allow
Americans to take greater control of their own economic
future.
This is what ``personal responsibility'' is all about. The
individual should provide for his or her family, and should
not rely on the limited hand of government for their support.
This government can not continue the course it is on by
creating more and more programs to pay for every need, but it
can afford to encourage individuals to provide for
themselves.
As 76 million baby boomers move toward middle-age, it is
essential that they purchase their own homes, be prepared to
pay for their children's college costs, as well provide for
their own retirement. A recent study has shown that baby
boomers are savings only one-third the amount that they need
for retirement. Another study has shown that American
families headed by individuals age 45 to 54 have median
financial assets of only $2,600. This is a course for
declining living standards, as well as economic insecurity.
The time to act is now!
increasing u.s. competitiveness
I mentioned earlier that this new IRA offers a renewed
opportunity to increase America's competitiveness in the
emerging global economy. It's an opportunity born by the fact
that savings equal investment, investment equals jobs, and
jobs equal a strong, vibrant economy. It has been estimated
that after the first year this legislation is enacted, IRA
deposits will increase by as much as $40 billion. This
represents long-awaited capital that the U.S. needs for
investment, manufacturing, education, infrastructure and
other important goals. With a Japanese savings rate of about
three times the U.S. rate, and a cost of capital of about
one-fourth that of the U.S., it is no wonder that we are
lagging behind in the international race to compete in the
world.
Added savings of $40 billion and more from increasing
annual IRA deposits is likely to be the best solution. And
don't forget the benefit to the already weakened financial
infrastructure in this country. The estimated additional
deposits in U.S. banks in the first year alone from this
legislation would be about $16 billion--money needed to
provide productive loans and investment in this country for
years to come. I believe the IRA will go a long way toward
helping our financial institutions provide the loans to
business that they must.
Perhaps with the added savings from IRAs we can further our
own investment in the U.S. rather than U.S. investments by
others. In fact, in recent years, over half of net domestic
investment has been financed by capital from abroad. While
this foreign saving has contributed to U.S. economic growth
over the years, we are beginning to see why continued
reliance on these inflows is not a viable policy. Over long
periods, for advanced countries, the rate of domestic
investment tracks closely the supply of domestic saving.
Ultimately, the U.S. must move from a position of current
account deficit to surplus and capital outflow, as foreigners
receive the returns on their investment in the U.S. If that
is to happen without a relative reduction in U.S. living
standards, U.S. productive capacity must be increased and so
must U.S. savings.
The Most Important Reason to Save
It's clear to see why this is a bill whose time has come,
however ... the most important reason to pass it is to meet
the needs of the most basic unit of our society. It's time we
get back to the family. Only by allowing American families
the opportunity--and even the right--to strengthen themselves
can we expect society to be strengthened as a whole. We've
tried to work around this elementary truth for years now--
some thinking that government programs can replace the basic
family unit. Well, we've come full circle--back to the
understanding that it was family and community values that
built a strong America. The aging of our citizens brings an
ever-increasing urgency to the need to encourage national
savings. As the baby-boom bulge grows older and reaches
retirement, the family cost of long-term care and other
health costs as well as leisure activities during retirement
will grow dramatically. At the same time the size of the
working population will be declining. Our children cannot
continue to pay the cost of our retirement--the answer is to
begin planning now. Recent statistics show that the average
American family is ill-prepared for retirement. A new
analysis on the financial wealth of American families finds
that half of American families currently have below $1,000 in
net financial assets. In fact, the study found that families
headed by individuals under the age of 45 have median net
financial assets of just $700. Even those on the verge of
retirement, aged 55 to 64, have median financial assets of
only $6,880. Overall, the median level of net financial
assets for all U.S. families amounts to only about $1,000.
A detailed study by two Princeton Economists, and released
by Merrill Lynch, shows that members of the Baby Boom
generation are saving at just one-third the rate needed to
provide them with a secure retirement at age 65. The Baby
Boom Index was determined to be 35.9 percent. This index
measures the rate at which the oldest Baby Boomers, those
born between 1946 and 1956, are accumulating the savings they
will need to retire at age 65, and maintain a standard of
living consistent with pre-retirement years. This study makes
it absolutely clear that unless the 76 million Baby Boomers
begin to save and invest at a far higher rate in the next few
years, they will face an insecure retirement, that could last
as long as the time they spent in the work force. This
generation of Baby boomers will begin to retire in just 18
short years! President Clinton, a Baby Boomer himself, should
be acutely aware of this problem, and I am pleased that he
has adopted our legislation as part of his budget proposal
this year.
The fact is, this study understates the severity of the
Baby Boom savings shortfall! First, it assumes that all of a
household's financial assets will be available to help pay
for retirement, but in reality, these funds will be used for
other things, like a child's education or a parent's health
care. Secondly, Baby Boomers are expected to live longer in
retirement than earlier generations and, therefore, will need
more savings at the outset.
Summary
So there are really two primary reasons to increase our
country's national savings rate. First, it will allow the
American Family to provide for themselves through their own
resources, and second, it will allow our children and our
children's children to become more productive because of
badly needed new capital. The national crisis we face because
of a decade of low savings rates will only grow worse if we
fail to act--particularly as foreign investors begin to
withdraw their funds for their own country's needs and as our
ever-increasing aging population continues. We must agree
that increasing our saving rate will lower interest rates,
cut the cost of capital, reduce our reliance on foreign
investment and improve our standard of living. Most
importantly, now is the time to act, before it is too late.
Description of Provisions
make deductible iras available to all americans
Under the bill, all Americans would be eligible for fully
deductible IRAs. Current law only allows those taxpayers who
are not covered by any other pension arrangement, and those
income does not exceed $40,000 ($25,000 singles) to be
eligible for a fully deductible IRA. These income limits
would be gradually lifted over time.
The $2,000 contribution limit will be indexed for inflation
in $500 increments in the year in which the indexed amount
exceeds the next $500 increase.
No longer will a spouse be ``deemed'' to have a pension
plan because their husband or wife has one. If the individual
does not have a pension plan at work, regardless of their
income level, they will qualify for an IRA to the extent of
their ``earned income.''
The bill would allow all spouses who work at home--husbands
or wives--to have an equal stake by having their own IRA on
an equivalent basis. Thus, work at home
[[Page S170]] spouses would be allowed to contribute up to
$2,000 to their own IRA, thus increasing the current $250
limit to the same level as other workers.
new kind of ira option
Taxpayers will be offered a new choice of IRA. Under this
new ``IRA Plus'' Account, contributions will not be
deductible, but if the assets remain in the account for at
least 5 years, all income will be tax free when it is
withdrawn. A 10 percent penalty will apply to early
withdrawals, unless they meet one of the four exceptions
below.
Taxpayers can contribute up to $2,000 to either a
traditional IRA, or the new IRA. They can also allocate any
portion of the $2,000 limit to the different accounts (e.g.
$1,000 to a traditional IRA and $1,000 to the new IRA).
penalty-free ira withdrawals for important purposes
The 10 percent penalty on early withdrawals (those before
age 59\1/2\ or 5 years for the new IRA) will be waived if the
funds are used to buy a first home, to pay educational
expenses, to cover catastrophic health care costs or during
periods of unemployment after collecting 12 weeks or more of
unemployment compensation. Taxpayers will still be liable for
the income tax due on the withdrawal, but no penalty will
apply.
Parents and grandparents can make penalty-free withdrawals
for college or home expenses of a child or grandchild.
Children and grandchildren can make penalty-free withdrawals
for health costs in excess of 7\1/2\ percent of the income of
their parents and grandparents. An individual wanting to go
back to school after being in the workforce could use the IRA
to save for anticipated education or retraining expenses. The
withdrawal rules apply across generations and between
spouses.
penalty-free 401(k) and 403(b) withdrawals
Similar penalty-free withdrawal rules will apply to 401(k)
and 403(b) employer sponsored plans for purposes of buying a
first home, education or unemployment costs. Penalty-free
withdrawals are already allowed for medical expenses for
these plans.
Section 401(k) and 403(b) plans are employer-provided
retirement plans allowing employees to make pre-tax
contributions out of their paychecks. Currently, once an
employee makes a contribution to a 401(k) or 403(b) plan,
withdrawals are generally subject to a 10 percent penalty tax
like that applied to early withdrawals from IRAs.
conversion of iras into ira plus accounts
Taxpayers will be allowed to ``convert'' their old IRA
savings into IRA Plus Accounts without penalty. They must,
however, pay the ordinary income tax due on previously
deducted contributions, as well as any earnings transferred.
If the conversion is made before 1997, the taxpayer can
spread the tax payments out over a 4-year period.
______
By Ms. MOSELEY-BRAUN:
S. 13. A bill to require a Congressional Budget Office analysis of
each bill or joint resolution reported in the Senate or House of
Represenatives to determine the impact of any Federal mandates in the
bill or joint resolution; to the Committee on the Budget and the
committee on Governmental Affairs, jointly, pursuant to the order of
August 4, 1977, that if one committee reports, the other committee has
30 days to report or be discharged.
mandates cost disclosure legislation
Ms. MOSELEY-BRAUN. Mr. President, 2 years ago, when I came to
the Senate, I started asking Federal agencies for information about the
cost of Federal mandates on State and local governments. The costs of
Federal mandates was a significant issue when I served in State and
local government in Illinois. State and local officials believe their
budgets are unduly pressured because the Federal Government has pushed
additional requirements on State and local governments, without the
funding necessary to cover the additional costs.
To my surprise, most of the Federal establishment appeared to be
totally unaware of the impact that Federal mandates have on State and
local governments. There was almost a total absence of information on
the mandates issues, and much of the government did not even known what
a mandate was.
The first bill I introduced in the Senate in 1993 was designed to
help ensure that this important issue was addressed. I am reintroducing
this legislation today.
My bill was the first piece of legislation introduced in the 103d
Congress to address the issue of unfunded mandates. It tried to ensure
that Federal officials would be informed of the cost impact, in
addition to the benefit, of any mandates they vote to enact. I am also
cosponsoring S. 1 because it incorporates this component of my bill,
and I will work for its passage.
Mr. President, this legislation does not prohibit the Federal
Government for issuing new mandates, nor does it repeal any existing
Federal mandates. Instead, it simply requires that the Senate have
information on any mandates in proposed legislation before it when the
legislation is considered by the full Senate.
The legislation adds a section to committee reports on proposed
bills. This new section, which would be prepared by the Congressional
Budget Office, would include information on: No. 1, the cost to State
and local governments of complying with any Federal mandates in the
reported bill, and No. 2, the extent to which Federal funds, either
contained in the bill or otherwise, cover the costs of complying with
the mandates.
In addition, the legislation requires the Congressional Budget Office
to issue an annual report on the cumulative costs of complying with
Federal mandates in all enacted bills, together with an analysis of the
extent to which Federal funds cover the costs of complying with the
mandates.
For purposes of the CBO analysis, a Federal mandate is a provision in
a reported or enacted bill that: requires the creation or expansion of
a State and/or local service or activity; requires standards different
from existing State and/or local law or practice in delivering a
service or in conducting an activity; creates additional personnel or
other administrative costs for State and/or local governments; or
requires contracting procedures different from or in addition to those
required under existing State and/or local law or practice.
Senate reports already require a CBO analysis of the proposed
reported bill's impact on the Federal budget. In addition, committee
reports are required to contain information on the regulatory impact of
proposed reported bills on businesses and individuals. This legislation
fills in the remaining major gap--the impact of the legislation on
State and local governments.
I am well aware, Mr. President, of the budget pressures that have
encouraged the Federal Government to add mandates on State and local
governments, and I am not suggesting that every mandate is
inappropriate. I do believe, however, that the Senate should know what
it is doing, that it should know the impact a proposed bill has on
State and local governments, so that Senators can cast informed votes.
I think my colleagues will agree that the Senate should have
information on the impact Federal mandates have on State and local
governments, and that the time to have that information is before the
Senate votes on bills on the floor. I urge the Senate to promptly enact
this simple but necessary piece of legislation.
Mr. President, I ask unanimous consent that a copy of the bill be
included in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AMENDMENT TO THE CONGRESSIONAL BUDGET ACT OF 1974.
Section 202 of the Congressional Budget Act of 1974 is
amended by adding at the end thereof the following:
``(i) Federal Mandates.--
``(1) The Director shall analyze each bill or joint
resolution reported in the Senate or the House of
Representatives to determine--
``(A) the cost to State and local governments of complying
with any Federal mandates in the reported bill or joint
resolution; and
``(B) the extent to which Federal funds, either in the bill
or joint resolution, or otherwise, cover the costs of
complying with the mandates.
``(2) The Director shall annually determine the cumulative
costs of complying with Federal mandates in all bills or
joint resolutions enacted in the preceding year and the
extent to which Federal funds cover the costs of complying
with such mandates.
``(3) For purposes of this subsection, the term `Federal
mandate' means a provision that--
``(A) requires creation or expansion of a State or local
service or activity;
``(B) requires standards different from State or local law
or practice in delivering a service or in conducting an
activity;
``(C) creates additional personnel or other administrative
costs for State and local governments; or
``(D) requires contracting procedures different from or in
addition to those required under State or local law or
practice.''.
SEC. 2. REPORT REQUIRED FOR SENATE CONSIDERATION.
Paragraph 11 of rule XXVI of the Standing Rules of the
Senate is amended--
[[Page S171]] (1) in subparagraph (c) by striking ``(a) and
(b)'' and inserting ``(a), (b), and (c)'';
(2) by redesignating subparagraph (c) as subparagraph (d);
and
(3) by inserting after subparagraph (b) the following:
``(c) Each such report shall also contain an evaluation by
the Congressional Budget Office of any Federal mandates in
the bill or joint resolution as required by section 202(i) of
the Congressional Budget Act of 1974.''.
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N O T I C E
Incomplete record of Senate proceedings.
Today's Senate proceedings will be continued in the next issue of the Record.
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