[Congressional Record Volume 141, Number 2 (Thursday, January 5, 1995)]
[Senate]
[Pages S481-S511]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. McCAIN:
  S. 150. A bill to authorize an entrance fee surcharge at the Grand 
Canyon National Park, and for other purposes; to the Committee on 
Energy and Natural Resources.


            the grand canyon public/private partnership act

 Mr. McCAIN. Mr. President, today I'm introducing legislation 
to help finance desperately needed improvements at our Nation's premier 
national park--our great pride and joy--the Grand Canyon.
  The measure would authorize the Secretary of the Interior to 
establish a special public-private partnership account, under which 
entrance fee revenues would be matched with private donations to help 
fund vital projects called for in the park's general management plan.
  This legislation will provide additional resources for the Grand 
Canyon at a time when park needs far outstrip the ability of the 
Treasury to fund them. The measure enjoys the support of two important 
organizations dedicated to protecting the interests of the Grand 
Canyon: The Grand Canyon Trust; and, the Grand Canyon Natural History 
Association.
  We in Arizona are proud to be home to the crown jewel of our National 
Park System. We take immense pride in the park and appreciate the 
awesome responsibility with which our country has been vested as 
stewards of this world class resource. We also understand that we have 
much work to do in order to meet those responsibilities.
  Resources are desperately needed to repair the park's aging 
infrastructure. Compare that need to the canyon's park budget this year 
which is only $13 million--a gap as wide and formidable as the Grand 
Canyon itself.
  The need is enormous and it is growing. Last year, 5 million people 
visited the Grand Canyon--a number that will continue to grow at a 
rapid pace. The ever increasing demand will place even more stress on 
the park's aging and needy infrastructure.
  To address future needs, the National Park Service has been working 
diligently on the park's general management plan. The plan will guide 
management prerogatives into the next century. The draft plan which was 
released last year, identifies projects and programs which will help us 
to cope with the increased visitation, enhance visitor experience and 
protect the canyon's valuable resources for this and future 
generations.
  While the plan has not been completed, preliminary reports estimate 
that it will cost nearly a quarter of a billion dollars to fully fund. 
Providing the necessary resources is a staggering challenge. The 
proposal I am presenting here today is one way to help us meet this 
enormous need.
  As I said, the bill would authorize the Secretary to use fee revenues 
to leverage private contributions to help finance park projects.
  In order to fund the Federal share of such partnerships, the 
Secretary would be authorized to add a surcharge of up to $2 on the 
current $10 per vehicle park entrance fee.
  Mr. President, no one, least of all this Senator, likes the idea of 
higher park entrance fees. But, visitors understand that park services 
and infrastructure cost money and they are willing to support the park 
with their fees as long as they know the revenue will be used for that 
purpose.
  Under current procedures, entrance fees are collected at the park, 
returned to the General Treasury and appropriated by Congress in many 
instances for purposes other than the needs at the Grand Canyon.
  The revenues raised under the measure I'm proposing would remain in a 
special account at the park to be used only in concert with private 
donations for vital park needs. Such public-private partnerships have 
ample and successful precedent in other areas of public administration, 
and are an excellent means of stretching our resources. I believe they 
could be a useful tool at the Grand Canyon and perhaps other national 
parks as well.
  Again, no one likes the idea of any increase in park fees. But, 
ironically, we need only to look to Disney Land for a reality check. 
Today, visitors to Disney Land pay $35 a piece to see Mickey Mouse. By 
comparison, Grand Canyon visitors pay a relatively modest $10 per 
carload to view what John Wesley Powell aptly described as the most 
sublime spectacle on Earth. We all understand and accept the fact that 
keeping that spectacle sublime and providing for its enjoyment by the 
millions who visit costs money. An added surcharge to leverage private 
dollars would seem to be a justified and efficient means of making ends 
meet, and it deserves our thoughtful consideration.
  We estimate that the surcharge would generate an additional $2 
million a year. Once leveraged with money from the private sector the 
fund would make a significant contribution to park improvements and 
maintenance of infrastructure such as upgrading the park's 
transportation system to relieve overcrowding; maintaining trails; and 
improving the water system and housing, just to name a very few.
  Mr. President, the creation of a special partnership account raises 
many questions. I, like others, want to make absolutely certain that 
private contributions to the park are not used in any way that would 
compromise park interests or values. This measure seeks to address that 
issue because management of the fund must be dictated solely by the 
needs of the park and the ethic of stewardship.
  The measure calls on the Secretary of the Interior to establish 
regulations, with full public comment and participation, to guide how 
the fund will be managed, how private donations will be solicited, for 
what purposes they will be used and how the partnerships will be 
structured and managed.
  In addition, the bill specifically requires that any project funded 
under the partnership must be consistent with the statutes, 
regulations, and rules governing the park, and that it is specifically 
approved and prioritized within the general management plan. These 
plans are developed with public participation and are subject to all 
the applicable environmental laws. Ensuring that partnership funds are 
used only for purposes authorized by the relevant management plan will 
ensure that only necessary and appropriate projects are undertaken.
  [[Page S482]] Many businesses and individuals want to contribute to 
the protection of Grand Canyon National Park because they realize that 
it is a national treasure and that it needs and deserves our 
assistance. Nevertheless, we must take steps to ensure that these 
donations are not offered with strings attached that would place 
commercial interests ahead of park needs and values.
  Mr. President, Grand Canyon is at a critical point. Demand for park 
resources is increasing, as is the cost of maintenance. Given the 
current budget constraints the administration and Congress are not 
likely to provide the further increases necessary to adequately meet 
the need.
  We must look for innovative ways to fully fund the preservation and 
enhancement of our Nation's park system. I believe the method I'm 
proposing is a viable option that should be fully examined and 
considered. Secretary Babbitt has indicated that facilitating a public/
private partnership at Grand Canyon is one of the Interior Department's 
highest priorities.
  Mr. President, last year we celebrated the 75th anniversary of Grand 
Canyon National Park. It is most appropriate that we recommit ourselves 
to the charge of Theodore Roosevelt ``to keep the canyon for our 
children and our children's children, and for all who come after us, as 
one of the great sights which every American if he can travel at all 
should see.'' Let's work to meet the needs at the Grand Canyon with 
that purpose firmly in mind.
  I ask unanimous consent that letters of support from the Grand Canyon 
Trust and the Grand Canyon Natural History Association along with 
editorials and news articles regarding this measure be entered into the 
Record. I also ask unanimous consent that the text of the bill appear 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                 S. 150

       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 ``Grand Canyon Public/Private 
     Partnership Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) as of the date of enactment of this Act, the existing 
     infrastructure of Grand Canyon National Park is not adequate 
     to serve the purposes for which the Park was established;
       (2) improving the infrastructure of the Park would enhance 
     the natural and cultural resources of the Park and the 
     quality of the experiences of visitors to the Park;
       (3) through the development of a general management plan, 
     the Director of the National Park Service has identified 
     reasonable measures that are necessary to improve the 
     infrastructure and related services of the Park, including 
     making improvements to transportation facilities and visitor 
     services, and reusing historic structures appropriately; and
       (4) in order for the Director to implement the general 
     management plan referred to in paragraph (3) at the Park, it 
     is necessary for the Director to be authorized to--
       (A) enter into agreements with non-Federal entities to 
     share the costs of the improvements; and
       (B) assess and collect a special surcharge in addition to 
     the entrance fees otherwise collected by the National Park 
     Service.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Eligible project.--The term ``eligible project'' means 
     any project that is eligible for funding in accordance with 
     this Act.
       (2) Facility.--The term ``facility'' includes any 
     structure, road, trail, utility, or other facility that is 
     used or to be used for or in support of--
       (A) the protection or restoration of a natural or cultural 
     resource;
       (B) an interpretive service; or
       (C) any other service or activity that the Secretary 
     determines to be related to the operation of the Park.
       (3) Federal share.--The term ``Federal share'', with 
     respect to the cost of an eligible project, means the 
     percentage of the cost of the project that is paid with 
     Federal funds, including funds disbursed from the special 
     account.
       (4) National park foundation.--The term ``National Park 
     Foundation'' means the foundation established under the Act 
     entitled ``An Act to establish the National Park 
     Foundation'', approved December 18, 1967 (16 U.S.C. 19e et 
     seq.).
       (5) Non-federal share.--The term ``non-Federal share'', 
     with respect to the cost of an eligible project, means the 
     percentage of the cost of the project that is paid with funds 
     other than funds referred to in paragraph (3).
       (6) Park.--The term ``Park'' means the Grand Canyon 
     National Park.
       (7) Special account.--The terms ``special account for Grand 
     Canyon National Park infrastructure improvement'' and 
     ``special account'' mean the account established pursuant to 
     section 5.

     SEC. 4. GRAND CANYON ENTRANCE FEE SURCHARGE.

       Notwithstanding any other provision of law, the Secretary 
     of the Interior shall--
       (1) authorize the Superintendent of the Grand Canyon 
     National Park to charge and collect, in addition to the 
     entrance fee collected pursuant to section 4 of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a), a 
     surcharge in an amount not to exceed $2 for each individual 
     charged the entrance fee; and
       (2) remit to the special account for Grand Canyon National 
     Park infrastructure improvement amounts collected as a 
     surcharge under paragraph (1).

     SEC. 5. SPECIAL ACCOUNT FOR GRAND CANYON NATIONAL PARK 
                   INFRASTRUCTURE IMPROVEMENT.

       (a) Establishment.--The Secretary of the Treasury, in 
     consultation with the National Park Foundation, shall 
     establish in the Treasury of the United States a special 
     account for Grand Canyon National Park infrastructure 
     improvement.
       (b) Administration of Account.--The Secretary of the 
     Treasury shall--
       (1) credit to the special account amounts remitted pursuant 
     to section 4(2); and
       (2) make funds in the special account available for use 
     only as provided in subsection (c).
       (c) Use of Funds.--
       (1) In general.--The National Park Foundation may provide 
     funds from the special account to the Secretary of the 
     Interior, acting through the Director of the National Park 
     Service, to be used to pay the Federal share of the cost of 
     eligible projects.
       (2) Daily operations.--No funds in the special account may 
     be used for daily operation of the Park.

     SEC. 6. ELIGIBLE PROJECTS.

       (a) In General.--Subject to subsection (b), any project for 
     the design, construction, operation, maintenance, repair, or 
     replacement of a facility within the Park shall be eligible 
     for funding in accordance with this Act.
       (b) Limitation.--A project referred to in subsection (a) 
     shall be consistent with--
       (1) the laws governing the National Park Service;
       (2) the Act entitled ``An Act to establish the Grand Canyon 
     National Park in the State of Arizona'', approved February 
     26, 1919 (16 U.S.C. 221 et seq.), the Grand Canyon National 
     Park Enlargement Act (16 U.S.C. 228a et seq.), and any 
     related law; and
       (3) the general management plan for the Park.

     SEC. 7. COST-SHARING AGREEMENTS WITH NON-FEDERAL ENTITIES.

       (a) In General.--The Director of the National Park Service, 
     in consultation with the Superintendent of the Grand Canyon 
     National Park, shall enter into a cost-sharing agreement with 
     a non-Federal Government entity for each eligible project for 
     which funds are provided under section 5(c)(1).
       (b) Content.--Each cost-sharing agreement shall specify the 
     Federal share and the non-Federal share of the cost of the 
     project and shall provide for payment of the non-Federal 
     share by the non-Federal entity.
       (c) Authority To Cover Several Projects.--A cost-sharing 
     agreement may cover more than 1 eligible project.

     SEC. 8. REGULATIONS.

       (a) In General.--In consultation with the National Park 
     Foundation, the Secretary of the Interior shall issue 
     regulations to carry out this Act.
       (b) Content.--The regulations shall include--
       (1) procedures for the management of the special account;
       (2) the manner in which funds for payment of the non-
     Federal share of the cost of an eligible project may be 
     solicited and acknowledged;
       (3) provisions for ensuring the protection of the natural, 
     cultural, and other resources that the Park was established 
     to protect;
       (4) provisions to encourage funding from the private sector 
     only for projects that contribute to the restoration and 
     protection of the resources referred to in paragraph (3);
       (5) protections against the commercialization of the Park;
       (6) procedures to prevent the creation of a conflict of 
     interest with respect to an employee of the Federal 
     Government; and
       (7) provisions for continuous participation of the general 
     public in the oversight of the implementation of this Act.
       (c) Notice and Public Comment.--The Secretary shall carry 
     out subsection (a) in accordance with section 553 of title 5, 
     United States Code, without regard to any applicable 
     exception provided in the section.

     SEC. 9. REPORT.

       (a) In General.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     submit to Congress a report on the Park infrastructure 
     improvement authority provided in this Act.
       (b) Content of Report.--The report shall include--
       (1) an assessment of the effectiveness of the exercise of 
     authority under this Act to improve the infrastructure of the 
     Park; and
       (2) any recommended legislation with respect to--
       (A) the surcharge authorized under section 4;
       (B) the special account;
       (C) the use of the special account for funding eligible 
     projects; or
     [[Page S483]]   (D) any other matter that the Secretary 
     determines to be related to the authority provided under this 
     Act.
                                                                    ____

                                                      Grand Canyon


                                  Natural History Association,

                                    Grand Canyon, AZ, May 6, 1994.
     Hon. John McCain,
     U.S. Senator, Russell Senate Office Building, Washington, DC.
       Dear Senator McCain: I am very happy to be able to write 
     this letter of complete and enthusiastic support for your 
     bill designed to authorize an entrance fee surcharge at the 
     Grand Canyon National Park, for the purpose of assuring a 
     Federal matching pool of funds for necessary capital projects 
     at the Park. We have previously discussed the value of such a 
     tool to be used to foster public/private partnerships to 
     accomplish the overdue rebuilding of infrastructure to 
     support the crush of visitors. We further believe that the 
     choice of Grand Canyon as the test case for such an effort 
     will enable us to create a model that can be used by other 
     National Parks and Monuments across the country. Please let 
     us know how else we can support this important legislation.
           Sincerely,
                                                  Robert W. Koons,
     General Manager, CEO.
                                                                    ____



                                           Grand Canyon Trust,

                                                  January 5, 1995.
     Hon. John McCain,
     U.S. Senate, Washington, DC.
       Dear Senator McCain: Thank you for providing the Grand 
     Canyon Trust with the opportunity to review and comment on 
     both draft and final versions of your proposed legislation 
     regarding entrance fees and public/private cost-sharing at 
     Grand Canyon National Park.
       We believe that your proposed legislation will greatly 
     assist the efforts of the National Park Service and other 
     entities who are struggling to find appropriate means to 
     generate the additional funding so urgently needed by Grand 
     Canyon National Park. In this regard, we strongly support the 
     core concepts in your bill: new fees to generate incremental 
     revenue for park projects and cost-sharing arrangements 
     between the park service and non-governmental entities.
       We share your concern that Grand Canyon's pressing 
     infrastructure and resource management needs will not be met 
     unless Congress acts to provide the new authorities described 
     in your legislation. And, if those needs are not met, the 
     park environment and visitor experience will continue to 
     deteriorate--an utterly unacceptable and unnecessary fate for 
     the crown jewel of America's parks.
       Senator McCain, we applaud your consistent leadership on 
     behalf of Grand Canyon. This bill, the National Parks 
     Overflights Act, Grand Canyon Protection Act, and so many 
     other measures reflect your unwavering dedication to the 
     needs of the park. Please be assured that we are prepared to 
     assist you in your efforts to move the bill through the 
     legislative process to final enactment.
       Again, thank you for all you have done for the Grand 
     Canyon.
           Sincerely,
                                                 Thomas C. Jensen,
                                               Executive Director.
                                 ______

      By Mr. BUMPERS (for himself, Mr. Bradley, Mr. Feingold, Mr. 
        Harkin, Mr. Kerry, Mr. Kohl, Mr. Pryor, Mr. Simon, and Mr. 
        Wellstone):
  S. 151. A bill to reduce Federal spending by restructuring the Air 
Force's F-22 program to achieve initial operating capability in 2010 
and a total inventory of no more than 42 aircraft in 2015; to the 
Committee on Armed Services.
                                 ______

      By Mr. BUMPERS (for himself, Mr. Bradley, Mr. Feingold, Mr. 
        Harkin, Mr. Kohl, Mr. Leahy, Mr. Simon, Mr. Pryor, and Mr. 
        Wellstone):
  S. 152. A bill to reduce Federal spending and rapidly enhance 
strategic airlift by terminating the C-17 aircraft program after fiscal 
year 1996 and by providing for a program to meet the remaining 
strategic airlift requirements of the Department of Defense with 
nondevelopmental aircraft; to the Committee on Armed Services.
                                 ______

      By Mr. BUMPERS (for himself, Mr. Bradley, Mr. Conrad, Mr. 
        Feingold, Mr. Harkin, Mr. Kohl, Mr. Leahy, Mr. Pryor, Mr. 
        Simon, and Mr. Wellstone):
  S. 153. A bill to reduce Federal spending and enhance military 
satellite communications by reducing funds for the MILSTAR II satellite 
program and accelerating plans for deployment of the Advanced EHF 
Statellite/MILSTAR III; to the Committee on Armed Services.
                                 ______

      By Mr. BUMPERS (for himself, Mr. Bradley, Mr. Feingold, Mr. 
        Harkin, Mr. Kohl, Mr. Simon, and Mr. Wellstone):
  S. 154. A bill to prohibit the expenditure of appropriated funds on 
the Advanced Neutron Source; to the Committee on Appropriations.
                                 ______

      By Mr. BUMPERS (for himself, Mr. Bradley, Mr. Conrad, Mr. 
        Feingold, Mr. Harkin, Mr. Kohl, Mr. Leahy, and Mr. Wellstone):
  S. 155. A bill to reduce Federal spending by prohibiting the backfit 
of Trident I ballistic missile submarines to carry D-5 Trident II 
submarine-launched ballistic missile; to the Committee on 
Appropriations.
                                 ______

      By Mr. BUMPERS (for himself, Mr. Bradley, Mr. Feingold, Mr. 
        Harkin, Mr. Kohl, Mr. Pryor, Mr. Simon, and Mr. Wellstone):
  S. 156. A bill to reduce Federal spending by limiting the amount of 
appropriations which may be available to the intelligence community for 
fiscal year 1996; to the Committee on Appropriations.
                                 ______

      By Mr. BUMPERS (for himself, Mr. Warner, Mr. Bradley, Mr. Conrad, 
        Mr. Feingold, Mr. Kerry, Mr. Kohl, Mr. Leahy, Mr. Pryor, Mr. 
        Simon, and Mr. Wellstone):
  S. 157. A bill to reduce Federal spending by prohibiting the 
expenditure of appropriated funds on the United States International 
Space Station Program; to the Committee on Appropriations.


                       spending cuts legislation

  Mr. BUMPERS.
   Mr. President, I send seven separate bills to the desk that I am 
offering on behalf of myself, Senators Bradley, Kohl, Feingold, Pryor, 
Wellstone, Lautenberg, and other Senators.

  Just briefly, Mr. President, those bills contain seven specific 
spending cuts which, over the first 5 years would save $33 billion, and 
over a 15-year-period would save $114 billion; four of those seven 
would terminate or cut spending on four specific weapons programs. One 
would cut the intelligence budget. One would kill NASA's space station 
program, and the last would kill the Department of Energy's Advanced 
Neutron Source. Yesterday CBS News and USA Today-CNN released new 
public opinion polls. Both asked over 1,000 people: What should be the 
highest priority of this new Congress? Interestingly, according to the 
CNN/USA Today/Gallup Poll, out of about 15 items listed, 45 percent of 
the people said defense spending should have a very low priority and 11 
percent said it should have no priority. Mr. President, 56 percent of 
the people in that poll said--bear this in mind--defense spending 
should have no priority or a low priority.
  Yesterday was admittedly a euphoric day for Republicans in Congress. 
I have been in those euphoric positions so I watched with a great deal 
of interest, and I know how much they enjoyed the day. But how many 
times did you hear yesterday that we are going to give Government back 
to the people, we are going to start responding to what the people 
believe? Here is a golden opportunity for this Congress to prove that 
they can cut spending--they can cut spending the way the American 
people want. Bear in mind that the Contract With America provides for 
tax cuts which are estimated to cost between $150 and $200 billion. 
Under the 1990 Budget Act, that means the people who favor those tax 
cuts are going to have to cut mandatory spending; the great bulk of 
mandatory spending is entitlements--Medicare, Medicaid, Social 
Security. That means that people who favor those tax cuts are going to 
have to find offsetting spending cuts in entitlements.
  The Kerry Commission was just disbanded, after long, arduous work in 
trying to figure out proposed recommendations of entitlement spending 
cuts. After spending over $1 million on that Commission, a basket of 
about 100 proposals were submitted to the Commission, many of whose 
members were Members of Congress. Not one single proposal was adopted 
for cutting entitlement spending. And here we have a tax cut proposal 
that is going to require $150 to $200 billion in spending cuts over the 
next 5 years. Yet those same polls yesterday showed that 77 percent on 
one poll, and 82 percent on 
[[Page S484]] the other, said deficit reduction should be the highest 
priority.
  So, Mr. President, I am introducing these spending cuts. Bear this in 
mind. In 1996 the deficit is going to start back up unless we do 
something. So here is our task, find $150 billion in Social Security 
and Medicare and Medicaid in order to provide for a middle-class tax 
cut, and you are going to have to find God knows how much else of 
spending to cut to keep the deficit from starting back up in 1996, and 
I promise you the American people will turn on this place like a saber-
toothed tiger if that happens, and rightly so.
  So here is $33 billion in seven spending cuts. I have some charts. I 
will show those later and I will speak more extensively on those 
specific cuts, why I think they should be there.
  This will give people a chance to put up or shut up.
 Mr. LEAHY. Mr. President, in the 1980's, we were told that it 
was possible to increase defense spending, cut taxes and still balance 
the Federal budget. The national debt quadrupled in those years. 
President Clinton was elected on a pledge to reduce the budget deficits 
that had crippled the economy through the Reagan-Bush years. For the 
first time in two decades, we have actually cut the deficits and the 
economy is improving. Now, we are again hearing the siren song of tax 
cutting and increased defense spending from the same people who were 
the source of our national discontent. We have to build upon the solid 
accomplishments of the last 2 years--not upon the wreckage of the 
previous 12 years.
  Senator Bumpers is offering this thoughtful list of future spending 
cuts that will save taxpayers tens of billions of dollars. They are in 
contrast to the many words being tossed about to justify a return to 
the failed policies of the past.
  I support most of the spending cuts proposed here today. But we need 
support from the new Republican majority to relieve the American 
taxpayer of the burden they impose on all of us.
  Some of these cuts will actually enhance existing programs. For 
example, if we cap production of the C-17 cargo plane at 40 planes and 
instead buy existing aircraft like Boeing 747's or Lockheed C5's, we 
can save $5 billion over the next 5 years and increase our air cargo 
capabilities.
  If we cancel the fifth and sixth military communication satellites 
known as Milstar, we can save $2 billion over the next 5 years. These 
satellites were designed to survive a nuclear war with the Soviet 
Union, a nation that doesn't even exist any more. Instead, we should 
accelerate development of the smaller, cheaper Milstar III, which will 
deliver more communications capability for the regional conflicts that 
we are most likely to encounter in the future.
  The international space station will consume $52 billion of taxpayer 
money over the next 15 years. I am not against space exploration, but 
NASA has never justified the immense cost of this program in terms of 
scientific returns.
  We need to intensify our efforts to develop cheap, reusable launch 
vehicles that make space more accessible. then we can consider space 
stations, space factories and other futuristic projects.
  The Navy wants to spend $3 billion over the next 5 years to refit our 
Trident ballistic missile submarines with the super-accurate D-5 
nuclear missile. These missiles were designed as bunker-busters for 
Soviet ICBM's, which are being disarmed as we speak. And we have D4 
missiles that can deliver an acceptable nuclear punch in the unlikely 
event of total nuclear war.
  I don't agree with everything Senator Bumpers proposes. We differ on 
his recommendation to cut $5 billion from the intelligence budget. I 
prefer to await the recommendations of the Presidential commission set 
up last year by Congress to review the roles and missions of our 
intelligence agencies.
  I reserve my opinion on the Advanced Neutron Source reactor because I 
have not had an opportunity to analyze the details of this program. I 
may very well join Senator Bumpers in opposition in the future--but I 
just don't know enough to make an educated judgement at the present 
time.
  In sum, there are tens of billions of dollars to be saved in these 
spending cuts, without any threat to national security, and the very 
real possibility that our defense will be strengthened as a result.
  Along with Senator Bumpers, I urge incoming Senators and 
Representatives to make a genuine, bipartisan effort to review these 
options to make our government less costly and more efficient. We have 
some old white elephants straining the costs of government. We don't 
need great new ideas--just a little courage--to end these 
programs.
                                 ______

      By Mr. JOHNSTON:
  S. 158. A bill to provide for the energy security of the Nation 
through encouraging the production of domestic oil and gas resources in 
deep water on the Outer Continental Shelf in the Gulf of Mexico, and 
for other purposes; to the Committee on Energy and Natural Resources.


       the outer continental shelf deep water royalty relief act

 Mr. JOHNSTON. Mr. President, I introduce the Outer Continental 
Shelf Deep Water Royalty Relief Act. This legislation is intended to 
address the serious decline in oil and gas exploration and development 
activity in the Western and Central Gulf of Mexico on the Outer 
Continental Shelf [OCS]. This is not the same proposal introduced in 
the Senate and reported by the Committee on Energy and Natural 
Resources in the last Congress. This specific legislation is the result 
of a compromise worked out with the Administration last session in the 
context of the mining law reform conference. This legislation has the 
support of the Secretaries of the Departments of Energy and the 
Interior.
  The Outer Continental Shelf is an important domestic source of oil 
and clean-burning natural gas. Approximately 10 percent of domestic oil 
and 25 percent of domestic natural gas is produced from the OCS. The 
OCS is estimated to hold one-fourth of all domestic oil and gas 
reserves. The Central and Western Gulf account for 90 percent of the 
oil and 99 percent of the gas produced from the OCS.
  Domestic exploration and development have fallen off dramatically in 
recent years as capital has moved to support drilling in other parts of 
the world. In 1992, for the first time, the major oil companies spent 
more on exploration and development activity abroad than on U.S. 
activities. Between 1987 and 1992, $30 billion flowed from the U.S. oil 
patch to foreign operations. This translates to a loss of 450,000 jobs 
by the domestic industry over the last 10 years.
  Mr. President, the deep waters of the OCS hold promise of substantial 
oil and gas resources crucial to our domestic energy security. However, 
the costs of producing these resources are substantial and increase 
significantly with water depth. One industry estimate places capital 
investment costs for a conventional fixed leg platform in 800 feet of 
water at $360 million, compared to costs of nearly $1 billion for a 
conventional tension leg platform in 3000 feet of water. According to 
Department of Interior estimates there are some 11 billion barrels of 
oil equivalent in the Gulf of Mexico in waters of a depth of 200 meters 
or more. This legislation is expected to bring into production at least 
two additional fields with possible reserves of 150 million barrels of 
oil equivalent.
  By allowing lessees to recover a significant portion of the capital 
cost prior to imposition of a royalty payment this legislation will 
encourage development of these important oil and gas resources. Royalty 
holidays of this type are commonly used in other parts of the world as 
a mechanism for risk sharing between the government and the industry of 
the huge up-front capital costs associated with developing this type of 
resource. The North Sea is a prime example. British and Norwegian tax 
and
 royalty changes, put in place in the 80's have yielded dramatic 
results in the past couple of years. In fact, increases in this non-
Opec production has contributed significantly to holding down 
international oil prices.

  First, the legislation clarifies the authority of the Secretary of 
the Interior to grant royalty relief on existing leases in the OCS to 
encourage development. Currently the Secretary may grant relief once a 
lease has been developed and is producing, it is not clear whether the 
authority exists before 
[[Page S485]] production is initiated. The Department of Interior has 
sought this clarification. The legislation further provides for a 
specified royalty holiday for existing leases in deep waters that are 
not currently economic. Upon application, undeveloped leases in water 
depths of 200 meters or more in the Central and Western Gulf that are 
found to be uneconomic under current conditions, will have the royalty 
payment suspended until a minimum number of volumes have been produced. 
The specific volumes covered by the royalty holiday are based on water 
depth. The provision applies to production from leases coming on-line 
after the date of enactment of the legislation and to production 
resulting from lease development activities undertaken pursuant to a 
Development Operations Coordination Document approved after the date of 
enactment. In addition, for new leasing in the Gulf, the lease terms 
will provide for an initial royalty holiday on a given number of 
barrels of oil or gas equivalent, as determined by the Secretary. This 
new leasing arrangement will be in effect for 5 years from the date of 
enactment. The royalty relief would not apply to the production of oil 
or natural gas, respectively, in any month when the average closing 
price for the earliest delivery month for oil exceeds $28 per barrel or 
when prices for natural gas exceed $3.50 per million Btu's.
  This is a win-win policy for the Federal Government. By stimulating 
development of indigenous oil and gas resources we reduce our 
dependence on imported supplies, create jobs and generate significant 
revenues, initially in Federal and State income taxes then royalties.
  Mr. President, this bill represents one step in addressing this 
problem. It is a significant step, but we must look at other 
initiatives, such as changes in the tax laws that can be taken to 
address this serious decline in domestic oil and gas exploration and 
development activity. I look forward to considering other initiatives 
that could complement the royalty relief proposal that I am introducing 
today.
  I am also submitting a separate amendment to this legislation to 
correct an unacceptably onerous effect of the Oil Pollution Act of 1990 
[OPA 90]. The amendment gives the Secretary of the Interior the 
flexibility to set the financial responsibility requirement based on 
the risk associated with different sorts of facilities. OPA 90 was 
passed and signed into law following the Exxon Valdez tanker spill in 
Alaska. The intent of OPA 90 was to lessen the risk of oil spills and 
to improve the level of preparedness and responsiveness when spills do 
occur. OPA 90 created a comprehensive prevention, response, liability 
and compensation regime for dealing with vessel and facility caused oil 
pollution from spills in navigable waters. However, in the post-
disaster zeal to legislate, the solution went far beyond the problem. 
Currently, the Outer Continental Shelf Lands Act [OCSLA] requires 
owners of OCS facilities to demonstrate evidence of financial 
responsibility equal to $35 million. OPA 90 increased the financial 
responsibility of responsible parties to $150 million. This was done 
without regard to the actual risk and experience of nontanker 
facilities operating in the OCS.
  This same amendment was reported by the Committee on Energy and 
Natural Resources in the last Congress and was the subject of a 
colloquy between myself and Senator Baucus on the Senate floor. The 
Solicitor of the Department of the Interior has since completed his 
review of the financial responsibility provisions and determined that 
``OPA does not authorize MMS to set different responsibility levels for 
offshore facilities based on risk.'' The Administration agrees that a 
legislative remedy is required.
  I urge my colleagues to join me in supporting this important 
legislation to provide deepwater royalty relief in the Western and 
Central Gulf of Mexico. 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. 158

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That this 
     Act may be referred to as the ``Outer Continental Shelf Deep 
     Water Royalty Relief Act''.

     SEC. 2. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT.

       Section 8(a) of the Outer Continental Shelf Lands Act, (43 
     U.S.C. 1337 (a) (3)), is amended by striking paragraph (3) in 
     its entirety and inserting the following:
       ``(3) (A) The Secretary may, in order to--
       ``(i) promote development or increased production on 
     producing or non-producing leases; or
       ``(ii) encourage production of marginal resources on 
     producing or non-producing leases; through primary, 
     secondary, or tertiary recovery means, reduce or eliminate 
     any royalty or net profit share set forth in the lease(s). 
     With the lessee's consent, the Secretary may make other 
     modifications to the royalty or net profit share terms of the 
     lease in order to achieve these purposes.
       ``(B) (i) Notwithstanding the provisions of this Act other 
     than this subparagraph, with respect to any lease or unit in 
     existence on the date of enactment of the Outer Continental 
     Shelf Deep Water Royalty Relief Act meeting the requirements 
     of this subparagraph, no royalty payments shall be due on new 
     production, as defined in clause (iv) of this subparagraph, 
     from any lease or unit located in water depths of 200 meters 
     or greater in the Western and Central Planning Areas of the 
     Gulf of Mexico, including that portion of the Eastern 
     Planning Area of the Gulf of Mexico encompassing whole lease 
     blocks lying west of 87 degrees, 30 minutes West longitude, 
     until such volume of production as determined pursuant to 
     clause (ii) has been produced by the lessee.
       (ii) Upon submission of a complete application by the 
     lessee, the Secretary shall determine within 180 days of such 
     application whether new production from such lease or unit 
     would be economic in the absence of the relief from the 
     requirement to pay royalties provided for by clause (i) of 
     this subparagraph. In making such determination, the 
     Secretary shall consider the increased technological and 
     financial risk of deep water development and all costs 
     associated with exploring, developing, and producing from the 
     lease. The lessee shall provide information required
      for a complete application to the Secretary prior to such 
     determination. The Secretary shall clearly define the 
     information required for a complete application under this 
     section. Such application may be made on the basis of an 
     individual lease or unit. If the Secretary determines that 
     such new production would be economic in the absence of 
     the relief from the requirement to pay royalties provided 
     for by clause (i) of this subparagraph, the provisions of 
     clause (i) shall not apply to such production. If the 
     Secretary determines that such new production would not be 
     economic in the absence of the relief from the requirement 
     to pay royalties provided for by clause (i), the Secretary 
     must determine the volume of production from the lease or 
     unit on which no royalties would be due in order to make 
     such new production economically viable; except that for 
     new production as defined in clause (iv) (aa), in no case 
     will that volume be less than 17.5 million barrels of oil 
     equivalent in water depths of 200 to 400 meters, 52.5 
     million barrels of oil equivalent in 400-800 meters of 
     water, and 87.5 million barrels of oil equivalent in water 
     depths greater than 800 meters. Redetermination of the 
     applicability of clause (i) shall be undertaken by the 
     Secretary when requested by the lessee prior to the 
     commencement of the new production and upon significant 
     change in the factors upon which the original 
     determination was made. The Secretary shall make such 
     redetermination within 120 days of submission of a 
     complete application. The Secretary may extend the time 
     period for making any determination or redetermination 
     under this clause for 30 days, or longer it agreed to by 
     the applicant, if circumstances so warrant. The lessee 
     shall be notified in writing of any determination or 
     redetermination and the reasons for and assumptions used 
     for such determination. Any determination or 
     redetermination under this clause shall be a final agency 
     action. The Secretary's determination or redetermination 
     shall be judicially reviewable under section 10(a) of the 
     Administrative Procedures Act, 5 U.S.C. Sec. 702, only for 
     actions filed within 30 days of the Secretary's 
     determination or redetermination.
       ``(iii) In the event that the Secretary fails to make the 
     determination or redetermination called for in clause (ii) 
     upon application by the lessee within the time period, 
     together with any extension thereof, provided for by clause 
     (ii), no royalty payments shall be due on new production as 
     follows:
       ``(aa) For new production, as defined in clause (iv) (aa) 
     of this subparagraph, no royalty shall be due on such 
     production according to the schedule of minimum volumes 
     specified in clause (ii) of this subparagraph.
       ``(bb) For new production, as defined in clause (iv) (bb) 
     of this subparagraph, no royalty shall be due on such 
     production for one year following the start of such 
     production.
       ``(iv) For purposes of this subparagraph, the term `new 
     production' is--
       (aa) any production from a lease from which no royalties 
     are due on production, other than test production, prior to 
     the date of enactment of the Outer Continental Shelf Deep 
     Water Royalty Relief Act; or
       (bb) any production resulting from lease development 
     activities pursuant to a Development Operations Coordination 
     Document, or supplement thereto that would expand 
     [[Page S486]] production significantly beyond the level 
     anticipated in the Development Operations Coordination 
     Document, approved by the Secretary after the date of 
     enactment of the Outer Continental Shelf Deep Water Royalty 
     Relief Act.
       ``(v) During the production of volumes determined pursuant 
     to clauses (ii) or (iii) of this subparagraph, in any year 
     during which the arithmetic average of the closing prices on 
     the New York Mercantile Exchange for Light Sweet crude oil 
     exceeds $28.00 per barrel, any production of oil will be 
     subject to royalties at the lease stipulated royalty rate. 
     Any production subject to this clause shall be counted toward 
     the production volume determined pursuant to clause (ii) or 
     (iii). Estimated royalty payments will be made if such 
     average of the closing prices for the previous year exceeds 
     $28.00. After the end of the calendar year, when the new 
     average price can be calculated, lessees will
      pay any royalties due, with interest but without penalty, or 
     can apply for a refund, with interest, of any overpayment.
       ``(vi) During the production of volumes determined pursuant 
     to clause (ii) or (iii) of this subparagraph, in any year 
     during which the arithmetic average of the closing prices on 
     the New York Mercantile Exchange for natural gas exceeds 
     $3.50 per million British thermal units, any production of 
     natural gas will be subject to royalties at the lease 
     stipulated royalty rate. Any production subject to this 
     clause shall be counted toward the production volume 
     determined pursuant to clauses (ii) or (iii). Estimated 
     royalty payments will be made if such average of the closing 
     prices for the previous year exceeds $3.50. After the end of 
     the calendar year, when the new average price can be 
     calculated, lessees will pay any royalties due, with interest 
     but without penalty, or can apply for a refund, with 
     interest, of any overpayment.
       ``(vii) The prices referred to in clauses (v) and (vi) of 
     this subparagraph shall be changed during any calendar year 
     after 1994 by the percentage, if any, by which the implicit 
     price deflator for the gross domestic product change during 
     the preceding calendar year.''

     SEC. 3. NEW LEASES.

       (a) Section 8(a)(1) of the Outer Continental Shelf Lands 
     Act, as amended, (43 U.S.C. 1337(a)(1)) is amended as 
     follows:
       (1) Redesignate section 8(a)(1)(H) as section 8(a)(1)(I);
       (2) Add a new section 8(a)(1)(H) as follows:
       ``(H) cash bonus bid with royalty at no less than 12 and 
     \1/2\ per centum fixed by the Secretary in amount or value of 
     production saved, removed, or sold, and with suspension of 
     royalties for a period, volume, or value of production 
     determined by the Secretary. Such suspensions may vary based 
     on the price of production from the lease.''
       (b) For all tracts located in water depths of 200 meters or 
     greater in the Western and Central Planning Areas of the Gulf 
     of Mexico, including that portion of the Eastern Planning 
     Area of the Gulf of Mexico encompassing whole lease blocks 
     lying west of 87 degrees, 30 minutes West longitude, any 
     lease sale within five years of the date of enactment of this 
     Act, shall use the bidding system authorized in Section 
     8(a)(1)(H) of the Outer Continental Shelf Lands Act, as 
     amended by this Act, except that the suspension of royalties 
     shall be set at a volume of not less than the following:
       (1) 17.5 million barrels of oil equivalent for leases in 
     water depths of 200 to 400 meters;
       (2) 52.5 million barrels of oil equivalent for leases in 
     400 to 800 meters of water; and
       (3) 87.5 million barrels of oil equivalent for leases in 
     water depths greater than 800 meters.

     SEC. 4. REGULATIONS.

       The Secretary shall promulgate such rules and regulations 
     as are necessary to implement the provisions of this Act 
     within 180 days after the enactment of this Act.
                                 ______

      By Mr. SHELBY (for himself, Mr. Craig, Mr. Faircloth, and Mr. 
        Heflin):
  S. 160. A bill to impose a moratorium on immigration by aliens other 
than refugees, certain priority and skilled workers, and immediate 
relatives of United States citizens and permanent resident aliens; to 
the Committee on the Judiciary.


                 the immigration moratorium act of 1995

  Mr. SHELBY. Mr. President, today I am introducing a bill to address 
the seemingly perpetual problem of immigration. We are often told the 
United States of America was established by immigrants. Indeed, 
immigration has been the cornerstone of America. I could not agree more 
about the positive impact immigrants have played in America, nor will I 
dispute the positive role immigrants will play in the future.
  We are taught to believe that immigration to America has been, and 
should be, a perpetual and unlimited right.
  However, our capacity, as a country, to process and assimilate the 
heavy flow of immigrants is not sustainable. Excessive demands on 
social, medical and welfare services accentuate the necessity to 
address the problem immediately.
  A quick survey of the condition of State budgets, particularly those 
of California, Florida, Illinois, New York, and Texas will illustrate 
the overwhelming demands on education, health care, welfare, prisons, 
and other social infrastructure. California, Florida, and Texas are 
actually suing the Federal Government for billions of dollars they have 
had to spend for such immigrant related costs.
  The dilemma before us is not limited to illegal immigrants as the 
media often implies. While approximately 300,000 illegal immigrants 
come here each year, we actually admit almost 1 million legal 
immigrants a year. Legal immigration creates a demand more than three 
times greater than illegal immigration. Simply put, States do not have 
the resources to provide services to an additional 1.3 million persons 
a year.
  Some will say that these immigrants do not come over here for a hand 
out, but that they come over to work and live the American dream. 
However, if we assume this to be true--that they come to America to 
work--then this means they increase the supply of the labor force. Of 
the 974,000 immigrants that were granted legal permanent residence in 
1992, 672,303 were between the ages of 20 and 64.
  If these immigrants enter the job market, their entry effectively 
reduces wages by increasing the labor supplied. At a time when real 
income is stagnant if not declining, immigration policy should not 
contribute such a strong downward pressure on real income. Such a 
policy does not make fiscal or social sense.
  The scenario just mentioned is the optimist view. If one chooses to 
assume the opposite, that immigrants choose not to work, the inevitable 
result is an increase in the demand of social services. As mentioned 
earlier, the demand is already too high for many states.
  Neither of the two scenarios paint a pretty picture. Indeed, both of 
these scenarios are costly to the American taxpayer.
  As a result, I am introducing legislation to provide relief to the 
American taxpayer. This bill would lower the amount of legal immigrants 
from about 1 million to 325,000. This figure would include around 
175,000 spouses and children of U.S. citizens which has traditionally 
been the case.
  The bill also includes a 50,000 level for refugees/asylees, 50,000 
for highly skilled workers and 50,000 for other relatives of U.S. 
citizens.
  In addition, my legislation would reduce the admissions backlog by 
freezing it at the current level. New applications would not be 
accepted until the end of the moratorium unless the applicant came from 
one of the allowable categories under this legislation.
  This legislation would ease the demands on State governments while 
also minimizing the negative economic consequences immigrants have on 
the labor force. Although this is only a temporary 5-year remedy, it 
will allow us the time needed to pass a complete, long-term solution to 
the problem.
  I support comprehensive reform efforts, but believe immediate relief 
is needed.
  It is important that we strive for a rational and equitable 
immigration policy that takes into account the economic and social 
needs. We must do this without compromising the social and economic 
stability of this country and the quality of life for every American.
  In order for immigrants to live the American dream, there has to be a 
healthy, prosperous economy and a diverse, harmonious society.
  To offer anything less, would be to cheat them of the American dream. 
Mr. President, I urge my colleagues to support this legislation.
                                 ______

      By Mrs. MURRAY:
  S. 161. A bill to amend the Internal Revenue Code of 1986 to reduce 
the rate of estate tax imposed on family-owned business interests; to 
the Committee on Finance.


             the american family business preservation act

  Mrs. MURRAY. Mr. President, today I am introducing the American 
Family Business Preservation Act of 1995.
  My father ran a small business in Bothell, WA. He taught me as long 
as I worked hard and played by the rules, I could build a better life 
for myself and my family. But, for years, it seemed that as hard as my 
husband and I were 
[[Page S487]] working, we were still a pink slip away from real 
financial disaster.
  Small businesses are the heart of the American economic system. They 
are the essence of the American dream. And, sadly, for many small 
business owners that dream has been fading. Our great American middle 
class is nervous. My bill aims to alleviate that anxiety and restore 
the dream.
  Mr. President, this bill will specifically reduce the particularly 
onerous estate and gift tax imposed on our small businesses during the 
1980s. This bill allows small manufacturers, service industries, 
farmers, and woodlot owners to leave their children the benefits of 
their hard work. It will end the ridiculous penalties the Federal 
Government has imposed on American families when a loved one dies. It 
will keep American families engaged in small business financially 
solvent.
  This reform is especially important to my home State of Washington. 
It will encourage the stability and diversity of our economy. It will 
help assure that farms and woodlots stay in family hands and thereby 
ensure stability in forest management. It is an environment-friendly 
tax cut.
  Specifically, the American Family Business Preservation Act will 
reduce the 55-percent estate tax rate to 15 percent as long as the 
heirs continue to operate the business. If, for any reason, the heirs 
are unable to operate--but continue to own--the business, the maximum 
rate will be 20 percent.
  It indexes the unified estate and gift tax credit for inflation. This 
credit--which effectively exempts from tax estates valued at less than 
$600,000--was last increased 14 years ago, in 1981.
  And, the bill allows hard-working Americans to keep more of their 
money in their family. I believe if you work hard and you play by the 
rules, you should be able to enjoy the rewards. When this bill passes, 
we will be able to give up to 15 percent of our earned income each year 
to family members without being subject to gift tax.
  Mr. President, this provision is important because many of this 
Nation's hard-working people have yet to feel the impact of the current 
economic expansion. During the past 2 years, we have created more than 
5 million jobs. Interest rates and inflation are subdued. We have 
reduced the size of Government. And, we have trimmed the one-third of 
our Federal budget deficit.
  I am proud of this record.
  But, we need to make sure working people really benefit from this 
economic progress.
  Mr. President, we are at an economic crossroads. We can continue 
along the traditional route of corporate buy-outs, declining wages, and 
a skittish middle class. Or, we can move boldly into a new century in 
which jobs and lives are valued, and all American families have a stake 
in our economic well-being.
  That is why this bill is so important.
  Mr. President, it gives our kids hope in the future. It brings common 
sense and the voice of average Americans to our tax policy. Hard-
working Americans need to be respected, and they deserve to reap the 
benefits of their hard work. Our only hope of restoring the American 
dream is to empower the middle class.
  When my colleagues, Congressman Bill Brewster and Congressman Jim 
McCrery, introduced the companion bill in the other body in the last 
Congress, it deservedly gained quick and solid bipartisan support. I 
expect the same record in this body.
  Mr. President, I ask unanimous consent that the full text of my bill 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
                                 S. 161

       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 ``American Family Business 
     Preservation Act''.

     SEC. 2. REDUCED ESTATE TAX RATE ON FAMILY-OWNED BUSINESS 
                   INTERESTS.

       (a) In General.--Part I of subchapter A of chapter 11 of 
     the Internal Revenue Code of 1986 (relating to tax imposed) 
     is amended by adding at the end the following new section:

     ``SEC. 2003. REDUCED RATE ON FAMILY-OWNED BUSINESS INTERESTS.

       ``(a) In General.--In the case of an estate of a decedent 
     to which this section applies, the tax imposed by section 
     2001 shall not exceed the sum of--
       ``(1) a tax computed at the rates and in the manner as if 
     this section had not been enacted on the greater of--
       ``(A) the sum described in section 2001(c)(1) reduced by 
     the qualified family-owned business interests, or
       ``(B) the sum (if any) described in section 2001(c)(1) 
     taxed at a rate below the applicable rate, plus
       ``(2) a tax equal to the applicable rate of the portion of 
     the taxable estate in excess of the amount determined under 
     paragraph (1).
       ``(b) Estates To Which Section Applies.--This section shall 
     apply to an estate if--
       ``(1) the decedent was (at the date of his or her death) a 
     citizen of the United States,
       ``(2) the sum of--
       ``(A) the value of the qualified family-owned business 
     interests which are included in determining the gross estate 
     and which are acquired from or passed from the decedent to a 
     qualified heir of the decedent, and
       ``(B) the amount (taken into account under subsection 
     2001(b)(1)(B)) of the adjusted taxable gifts of such 
     interests to members of the decedent's family,

     exceeds 50 percent of the adjusted gross estate, and
       ``(3) during the 8-year period ending on the date of the 
     decedent's death there have been periods aggregating 5 years 
     or more during which--
       ``(A) such interests were owned by the decedent or a member 
     of the decedent's family, and
       ``(B) there was material participation by the decedent or a 
     member of the decedent's family in the operation of the 
     business to which such interests relate.
       ``(c) Applicable Rate.--For purposes of this section, the 
     applicable rate is--
       ``(1) 15 percent if the requirement of subsection (b)(3)(B) 
     is met by a member of the decedent's family, and
       ``(2) 20 percent in any other case.
       ``(d) Qualified Family-Owned Business Interest.--
       ``(1) In general.--For purposes of this section, the term 
     `qualified family-owned business interest' means--
       ``(A) an interest as a proprietor in a trade or business 
     carried on as a proprietorship;
       ``(B) an interest as a partner in a partnership carrying on 
     a trade or business, if such partnership had 15 or fewer 
     partners; or
       ``(C) stock in a corporation carrying on a trade or 
     business if such corporation had not more than the number of 
     shareholders specified in section 1361(b)(1)(A).

     Such term shall not include any interest which is readily 
     tradable on an established securities market or otherwise.
       ``(2) Rules for applying paragraph (1).--For purposes of 
     paragraph (1), rules similar to the rules of paragraphs (2), 
     (3), (4), and (6) of section 6166(b) shall apply.
       ``(e) Recapture of Tax Benefit If Interests Not Held for 10 
     Years.--
       ``(1) In general.--If--
       ``(A) during the 10-year period beginning on the date of 
     death of the decedent--
       ``(i)(I) any portion of a qualified family-owned business 
     interest is distributed, sold, exchanged, or otherwise 
     disposed of, or
       ``(II) money and other property attributable to such an 
     interest is withdrawn from such trade or business, and
       ``(B) the aggregate of such distributions, sales, 
     exchanges, or other dispositions and withdrawals equals or 
     exceeds 20 percent of the value of such interest, or

     there is hereby imposed an additional estate tax.
       ``(2) Additional estate tax.--
       ``(A) In general.--The amount of the additional estate tax 
     imposed by paragraph (1) shall be the applicable percentage 
     of the excess of what would have been the estate tax 
     liability but for subsection (a) over the adjusted estate tax 
     liability.
       ``(B) Applicable percentage.--For purposes of subparagraph 
     (A), the term `applicable percentage' means 100 percent 
     reduced (but not below zero) by the product of--
       ``(i) 10 percentage points, and
       ``(ii) the number of years (if any) after the date of the 
     decedent's death which the year during which the additional 
     estate tax is imposed by paragraph (1) is after the 1st year 
     after the date of the decedent's death.
       ``(C) Adjusted estate tax liability.--For purposes of 
     subparagraph (A), the term `adjusted estate tax liability' 
     means the estate tax liability increased by the amount (if 
     any) of any prior additional estate tax imposed by subsection 
     (f).
       ``(D) Estate tax liability.--For purposes of this 
     paragraph, the term `estate tax liability' means the tax 
     imposed by section 2001 reduced by the credits allowable 
     against such tax.
       ``(3) Certain rules to apply.--For purposes of this 
     subsection, rules similar to the rules of subparagraphs (B), 
     (C), and (D) of section 6166(g)(1) shall apply.
       ``(f) Recapture of Portion of Tax Benefit If Heirs Cease to 
     Materially Participate During 10 Years After Death.--
       ``(1) In general.--If--
       ``(A) the applicable rate which applied under subsection 
     (a) to the estate of the decedent was 15 percent,
       ``(B) at any time during the 10-year period beginning on 
     the date of death of the decedent, no qualified heir 
     materially participates in the operation of the business to 
     which the qualified family-owned business interests relate, 
     and
     [[Page S488]]   ``(C) there is no recapture under subsection 
     (e) on or before the earliest date during such 10-year period 
     that no qualified heir so materially participated,

     there is hereby imposed an additional estate tax.
       ``(2) Additional estate tax.--The amount of the additional 
     estate tax imposed by paragraph (1) shall be the applicable 
     percentage of the excess of what would have been the estate 
     tax liability but for subsection (c)(1) over the estate tax 
     liability.
       ``(3) Definitions.--For purposes of paragraph (2), the 
     terms `applicable percentage' and `estate tax liability' have 
     the meanings given to such terms by subsection (e).
       ``(g) Other Definitions.--For purposes of this section, the 
     terms `qualified heir' and `member of the family' have the 
     meanings given to such terms by section 2032A(e).''
       (b) Clerical Amendment.--The table of sections for part I 
     of subchapter A of chapter 11 of such Code is amended by 
     adding at the end the following new item:

``Sec. 2003. Reduced rate on family-owned business interests.''

       (c) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying after the date of 
     the enactment of this section.

     SEC. 3. LIMITATION ON 4 PERCENT RATE OF INTEREST ON ESTATE 
                   TAX EXTENDED UNDER SECTION 6166 NOT TO APPLY TO 
                   ESTATE TAX ATTRIBUTABLE TO QUALIFIED FAMILY-
                   OWNED BUSINESS INTERESTS.

       (a) In General.--Paragraph (2) of section 6601(j) of the 
     Internal Revenue Code of 1986 (relating to 4-percent portion) 
     is amended by adding at the end the following new flush 
     sentence:

     ``Subparagraph (B) shall not take into account the amount of 
     the tax imposed by chapter 11 which is attributable to 
     qualified family-owned business interests (as defined in 
     section 2003(b)) unless an election is in effect under 
     section 2032A with respect to the estate.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to estates of decedents dying after the date of 
     the enactment of this section.

     SEC. 4. EXTENSION OF ALTERNATE VALUATION DATE TO 40 MONTHS 
                   WITH RESPECT TO ESTATE CONSISTING LARGELY OF 
                   QUALIFIED FAMILY-OWNED BUSINESS INTERESTS.

       (a) In General.--Section 2032 of the Internal Revenue Code 
     of 1986 (relating to alternate valuation) is amended by 
     redesignating subsections (c) and (d) as subsections (d) and 
     (e), respectively, and by inserting after subsection (b) the 
     following new subsection:
       ``(c) Estates Largely Consisting of Qualified Family-Owned 
     Business Interests.--In the case of an estate to which 
     section 2003 applies--
       ``(1) subsection (a) shall be applied by substituting `40 
     months' for `6 months' each place it appears, and
       ``(2) section 6075(a) (relating to time for filing estate 
     tax return) shall be applied by substituting `43 months' for 
     `9 months'.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to estates of decedents dying after the date of 
     the enactment of this section.

     SEC. 5. INCREASE IN GIFT TAX EXCLUSION.

       (a) In General.--Subsection (b) of section 2503 of the 
     Internal Revenue Code of 1986 (relating to taxable gifts) is 
     amended by adding at the end the following new sentence: ``In 
     the case of gifts made during a calendar year by a donor to 
     ancestors or lineal descendents of the donor, the aggregate 
     amount of such gifts which are not included in the total 
     amount of gifts by reason of this subsection shall not be 
     less than 15 percent of the donor's earned income (as defined 
     in section 32(c)(2)) for the taxable year ending with or 
     within such calendar year.''
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to gifts made in calendar years beginning after 
     the date of the enactment of this section.

     SEC. 6. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS.

       (a) Estate Tax Credit.--
       (1) Subsection (a) of section 2010 of the Internal Revenue 
     Code of 1986 (relating to unified credit against estate tax) 
     is amended by striking ``$192,800'' and inserting ``the 
     applicable credit amount''.
       (2) Section 2010 of such Code is amended by redesignating 
     subsection (c) as subsection (d) and by inserting after 
     subsection (b) the following new subsection:
       ``(c) Applicable Credit Amount.--For purposes of this 
     section--
       ``(1) In general.--The applicable credit amount is the 
     amount of the tentative tax which would be determined under 
     the rate schedule set forth in section 2001(c) if the amount 
     with respect to which such tentative tax is to be computed 
     were $600,000.
       ``(2) Cost-of-living adjustments.--In the case of any 
     decedent dying in a calendar year after December 31, 1995, 
     the $600,000 amount set forth in paragraph (1) shall be 
     increased by an amount equal to--
       ``(A) $600,000, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year by substituting 
     `calendar year 1996' for `calendar year 1992' in subparagraph 
     (B) thereof.

     Any increase determined under the preceding sentence shall be 
     rounded to the nearest multiple of $1,000.''
       (3) Paragraph (1) of section 6018(a) of such Code is 
     amended by striking ``$600,000'' and inserting ``$600,000 
     (adjusted as provided in section 2010(c)(2)''.
       (b) Unified Gift Tax Credit.--Paragraph (1) of section 
     2505(a) of such Code is amended by striking ``$192,800'' and 
     inserting ``the applicable credit amount in effect under 
     section 2010(c) for such calendar year''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to the estates of decedents dying, and gifts 
     made, after December 31, 1995.
                                 ______

      By Mr. LAUTENBERG (for himself and Mr. Bradley):
  S. 162. A bill to amend the Natural Gas Pipeline Safety Act of 1968 
and the Hazardous Liquid Pipeline Safety Act of 1979 to improve natural 
gas and hazardous liquid pipeline safety, in response to the natural 
gas pipeline accident in Edison, New Jersey, and for other purposes; to 
the Committee on Commerce, Science, and Transportation.


                   the safety improvement act of 1995

 Mr. LAUTENBERG. Mr. President, today I am introducing the 
National Gas Pipeline Safety Improvement Act of 1995. This bill 
dramatically decreases the chances of pipeline accidents and reduces 
the risk to those who live, work, or go to school near a pipeline.
  This bill is designed to prevent disasters like the one that occurred 
last March 23, in Edison, NJ. The whole Nation witnessed the ball of 
fire over Edison in the wake of the explosion. Every American who saw 
that image on television shuddered.
  All too often, when a disaster happens, people focus on it for a few 
days and then shift their attention to other events. That has not 
happened in the wake of the Edison explosion and will not happen. I 
won't let that happen. Senator Bradley won't let it happen. And the 
people of Edison won't let it happen.
  I was the destruction in Edison after the explosion. The explosion 
was devastating to the families involved and traumatic to all residents 
of my State, which is home to a number of pipelines. I have talked to 
families who lost everything but the clothes on their backs. I have 
seen the emotional fallout--the children and adults who replay the 
events of that evening each night before they drift into a fitful 
sleep. And I know that even now, almost a year later, those people 
still have very real problems.
  Edison was not an isolated event. Since that terrible night on March 
23, there have been other pipeline problems. And there were problems 
that preceded it. My major concern is what happened in Edison; but, Mr. 
President, we must make sure it doesn't happen in any community, to any 
American.
  I believe that if this bill had been law before that fateful night 
last March things could have been very different.
  Let me briefly describe the five major elements of my legislation:
  First, my legislation would beef up compliance with existing laws by 
making sure that the Department of Transportation has the resources 
necessary to conduct regular oversight inspections of corporations with 
pipeline operations in New Jersey and around the country.
  The bill achieves this goal by providing the U.S. DOT with the 
authority to recoup the cost of accident investigations from pipeline 
companies. In this way, DOT inspections are not interrupted when Office 
of Pipeline Safety personnel and resources are diverted to investigate 
a major pipeline failure.
  Second, the bill would prevent accidents before they happen. Our 
legislation will increase funding to States to advertise one-call 
notification systems and expand the DOT role in pipeline safety to 
include pipeline safety awareness programs.
  One-call notification systems require contractors to learn the 
location of underground facilities before they dig.
  Third, the bill directs the Secretary to establish an electronic data 
system on existing pipelines. This will provide an adequate data base 
so DOT can cope with the potential problems we face.
  This system will provide information on the nature, extent, and 
geologic location of pipeline facilities to facilitate risk assessment 
and safety planning with respect to such facilities.
  Fourth, we need to target attention to areas where the greatest 
potential threat exists. The legislation will increase inspection and 
siting requirements for pipelines in high density population areas. I 
would also encourage 
[[Page S489]] people who live near a pipeline to report suspicious 
dumping or digging on a pipeline right-of-way.
  Finally, we need to have stronger punishment to deter negligent or 
willful violations of law. Our bill would make it a Federal crime to 
illegally dump on pipeline right-of-way and mandate the installation 
and use of remotely controlled shutoff valves.
  Mr. President, last June DOT's Office of Pipeline Safety sponsored a 
pipeline safety summit. The summit was designed to develop a public/
private agenda that establishes priorities for pipeline safety 
initiatives and identifies the next steps needed to make them a 
reality. The report developed from the suggestions at the summit will 
form a blueprint for action. I expect that report to be completed soon. 
When it is, I will develop additional legislative proposals based upon 
it.
  Meanwhile, I would like to remind my colleagues that no State in the 
Union is exempt from the type of disaster that happened in Edison, NJ.
  Mr. President, I would encourage all of my colleagues to examine and 
cosponsor the National Gas Pipeline Safety Improvement Act of 1995.
  I ask unanimous consent that the text of the National Gas Pipeline 
Safety Improvement Act of 1994 be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
                                 S. 162

       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 ``Pipeline Safety Improvement 
     Act of 1994''.

     SEC. 2. RECOVERY BY SECRETARY OF TRANSPORTATION OF COSTS OF 
                   INVESTIGATION OF CERTAIN PIPELINE ACCIDENTS.

       (a) Natural Gas Pipeline Accidents.--Section 14 of the 
     Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1681) 
     is amended by adding at the end the following:
       ``(g)(1)(A) Subject to paragraphs (2) and (3), the 
     Secretary may recover from any person who engages in the 
     transportation of gas, or who owns or operates pipeline 
     facilities, the costs incurred by the Secretary--
       ``(i) in investigating an accident with respect to such 
     transportation or facilities; and
       ``(ii) in overseeing the response of the person to the 
     accident.
       ``(B) For the purposes of this paragraph, the costs 
     incurred by the Secretary in an investigation of an accident 
     may include the cost of hiring additional personnel 
     (including personnel to support monitoring activities by the 
     Office of Pipeline Safety), the cost of tests or studies, and 
     travel and administrative costs associated with the 
     investigation.
       ``(2) The Secretary may not recover costs under this 
     subsection with respect to an accident unless the accident--
       ``(A) results in death or personal injury; or
       ``(B) results in property damage (including the cost of any 
     lost natural gas) and environmental damage (including the 
     cost of any environmental remediation) in an amount in excess 
     of $250,000.
       ``(3) The amount that the Secretary may recover under this 
     subsection with respect to an accident may not exceed 
     $500,000.
       ``(4)(A) Amounts recovered by the Secretary under this 
     subsection shall be available to the Secretary for purposes 
     of the payment of the costs of investigating and overseeing 
     responses to accidents under this subsection. Such funds 
     shall be available to the Secretary for such purposes without 
     fiscal year limitation.
       ``(B) Such amounts shall be used to supplement and not to 
     supplant other funds made available to the Secretary for such 
     purposes.''.
       (b) Hazardous Liquid Pipeline Accidents.--Section 211 of 
     the Hazardous Liquid Pipeline Safety Act of 1979 (title II of 
     Public Law 96-129; 49 U.S.C. App. 2010) is amended by adding 
     at the end the following:
       ``(g)(1)(A) Subject to paragraphs (2) and (3), the 
     Secretary may recover from any person who engages in the 
     transportation of hazardous liquids, or who owns or operates 
     pipeline facilities, the costs incurred by the Secretary--
       ``(i) in investigating an accident with respect to such 
     transportation or facilities; and
       ``(ii) in overseeing the response of the person to the 
     accident.
       ``(B) For the purposes of this paragraph, the costs 
     incurred by the Secretary in an investigation of an accident 
     may include the cost of hiring additional personnel 
     (including personnel to support monitoring activities by the 
     Office of Pipeline Safety), the cost of tests or studies, and 
     travel and administrative costs associated with the 
     investigation.
       ``(2) The Secretary may not recover costs under this 
     subsection with respect to an accident unless the accident--
       ``(A) results in death or personal injury; or
       ``(B) results in property damage (including the cost of any 
     lost hazardous liquid) and environmental damage (including 
     the cost of any environmental remediation) in an amount in 
     excess of $250,000.
       ``(3) The amount that the Secretary may recover under this 
     subsection with respect to an accident may not exceed 
     $500,000.
       ``(4)(A) Amounts recovered by the Secretary under this 
     subsection shall be available to the Secretary for purposes 
     of the payment of the costs of investigating and overseeing 
     responses to accidents under this subsection. Such funds 
     shall be available to the Secretary for such purposes without 
     fiscal year limitation.
       ``(B) Such amounts shall be used to supplement and not to 
     supplant other funds made available to the Secretary for such 
     purposes.''.

     SEC. 3. GRANTS TO STATES AND ONE-CALL NOTIFICATION SYSTEMS TO 
                   PROMOTE USE OF SUCH SYSTEMS.

       (a) Grants to States.--Subsection (c) of section 20 of the 
     Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1687) 
     is amended by adding at the end the following: ``The 
     Secretary may make a grant to a State for development and 
     establishment of a one-call notification system only if the 
     State ensures that the cost of establishing and operating the 
     system are shared equitably by persons owning or operating 
     underground facilities.''.
       (b) Grants to Systems.--Such subsection is further 
     amended--
       (1) by striking ``Grants to States.--'' and inserting 
     ``Grants to States and Systems.--(1)''; and
       (2) by adding at the end the following:
       ``(2)(A) The Secretary may also make grants to one-call 
     notification systems for activities relating to the promotion 
     of the utilization of such systems.
       ``(B) The Secretary shall ensure that the Federal share of 
     the cost of the activities referred to in subparagraph (A) 
     under any grant made under this paragraph does not exceed 50 
     percent of the cost of such activities.''.
       (c) Sanctions.--Subsection (b)(9) of such section is 
     amended by inserting ``, or that would provide for effective 
     civil or criminal penalty sanctions or equitable relief 
     appropriate to the nature of the offense'' after ``12 of this 
     Act''.
       (d) Conforming Amendment.--Subsection (f) of such section 
     is amended by striking out ``subsection (c)'' and inserting 
     in lieu thereof ``subsection (c)(1)''.

     SEC. 4. PREVENTION OF DAMAGE TO PIPELINE FACILITIES.

       (a) Natural Gas Pipeline Facilities.--Section 14(a) of the 
     Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 
     1681(a)) is amended by inserting after ``and training 
     activities'' the following: ``and promotional activities 
     relating to prevention of damage to pipeline facilities''.
       (b) Hazardous Liquid Pipeline Facilities.--Section 211(a) 
     of the Hazardous Liquid Pipeline Safety Act of 1979 (title II 
     of Public Law 96-129; 49 U.S.C. App. 2010(a)) is amended by 
     inserting after ``and training activities'' the following: 
     ``and promotional activities relating to prevention of damage 
     to pipeline facilities''.

     SEC. 5. ELECTRONIC DATA ON PIPELINE FACILITIES FOR RISK 
                   ASSESSMENT AND SAFETY PLANNING.

       (a) Authority To Develop.--The Secretary of Transportation 
     may develop an electronic data base containing uniform 
     information on the nature, extent, and geographic location of 
     pipeline facilities. The purpose of the data base shall be to 
     provide information on such facilities to the Secretary, 
     owners of pipeline facilities, as persons engaged in 
     transporting gas or hazardous liquids through pipeline 
     facilities, and for secured use by State agencies concerned 
     with land use planning, environmental regulation, and 
     pipeline regulatory oversight, in order to facilitate risk 
     assessment and safety planning with respect to such 
     facilities.
       (b) Contract and Grant Authority.--(1) Subject to paragraph 
     (2), the Secretary may develop the data base described under 
     subsection (a) by entering into contracts or cooperative 
     agreements with any entity that the Secretary determines 
     appropriate for that purpose and by making grants to States 
     or institutions of higher education for that purpose.
       (2) The Secretary shall ensure that the Federal share of 
     the cost of any activities carried out under a grant or 
     cooperative agreement made under this subsection does not 
     exceed 50 percent of the cost of such activities.
       (c) Use of Geographic Information System Technology.--In 
     developing the data base described in subsection (a), the 
     Secretary shall, to the maximum extent practicable, develop a 
     data base that--
       (1) utilizes Geographic Information System technology or 
     any similar technology providing data of an equivalent 
     quality and usefulness; and
       (2) permits ready incorporation of data and information 
     from a variety of sources.
       (d) Definition.--For purposes of this section, the term 
     ``pipeline facility'' has the meaning given such term in 
     section 20(e) of the Natural Gas Pipeline Safety Act of 1968 
     (49 U.S.C. App. 1687(e)).

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       (a) Natural Gas Pipeline Safety Act of 1968.--(1) Section 
     17(a) of the Natural Gas Pipeline Safety Act of 1968 (49 
     U.S.C. App. 1684(a)) is amended--
       (A) in paragraph (12), by striking ``and'';
       (B) by striking paragraph (13); and
       (C) by adding after paragraph (12) the following new 
     paragraphs:
       [[Page S490]] ``(13) $20,000,000 for the fiscal year ending 
     September 30, 1995;
       ``(14) $30,000,000 for the fiscal year ending September 30, 
     1996; and
       ``(15) $35,000,000 for the fiscal year ending September 30, 
     1997.''.
       (2) Section 17(c) of the Natural Gas Pipeline Safety Act of 
     1968 (49 U.S.C. App. 1684(c)) is amended by striking ``and 
     $10,000,000 for the fiscal year ending September 30, 1995'' 
     and inserting in lieu thereof ``$16,500,000 for the fiscal 
     year ending September 30, 1995, $19,000,000 for the fiscal 
     year ending September 30, 1996, and $21,500,000 for the 
     fiscal year ending September 30, 1997''.
       (b) Hazardous Liquid Pipeline Safety Act of 1979.--Section 
     214(a) of the Hazardous Liquid Pipeline Safety Act of 1979 
     (49 U.S.C. App. 2013(a)) is amended--
       (1) in paragraph (12), by striking ``and'';
       (2) by striking paragraph (13); and
       (3) by adding after paragraph (12) the following new 
     paragraphs:
       ``(13) $7,000,000 for the fiscal year ending September 30, 
     1995;
       ``(14) $10,000,000 for the fiscal year ending September 30, 
     1996; and
       ``(15) $11,000,000 for the fiscal year ending September 30, 
     1997.''.

     SEC. 7. SITING OF INTERSTATE TRANSMISSION FACILITIES.

       (a) Siting Guidelines.--Within 2 years after the date of 
     enactment of this Act, the Federal Energy Regulatory 
     Commission shall review its practices and guidelines for 
     siting natural gas interstate transmission facilities in 
     urban areas to determine whether changes are needed in the 
     areas of--
       (1) selecting routes for pipelines; and
       (2) determining the appropriate width of rights-of-way.
       (b) Educational Information for Local Jurisdictions.--
     (1)(A) Within 2 years after the date of enactment of this 
     Act, the Secretary, in consultation with the Federal Energy 
     Regulatory Commission, shall make educational information 
     available, regarding natural gas interstate transmission 
     facilities permits and rights-of-way and issues with respect 
     to development in the vicinity of such interstate 
     transmission facilities, for distribution to appropriate 
     agencies of local governments with jurisdiction over the 
     lands through which natural gas interstate transmission 
     facilities pass.
       (B) For purposes of this section, the term ``interstate 
     transmission facilities'' has the meaning given such term in 
     section 2(8) of the Natural Gas Pipeline Safety Act of 1968 
     (49 U.S.C. App. 1671(8)).
       (2)(A) Within 2 years after the date of enactment of this 
     Act, the Secretary shall make educational information 
     available, regarding hazardous liquid interstate pipeline 
     facilities rights-of-way and issues with respect to 
     development in the vicinity of such interstate pipeline 
     facilities, for distribution to appropriate agencies of local 
     governments with jurisdiction over the lands through which 
     hazardous liquid interstate pipeline facilities pass.
       (B) For purposes of this paragraph, the term ``interstate 
     pipeline facilities'' has the meaning given such term in 
     section 202(5) of the Hazardous Liquid Pipeline Safety Act of 
     1979 (49 U.S.C. App. 2001(5)).
       (3) There are authorized to be appropriated to the 
     Secretary of Energy for carrying out this subsection, 
     $2,000,000, to remain available until expended.

     SEC. 8. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

       (a) Natural Gas Pipeline Safety Act of 1968.--
       (1) Amendment.--The Natural Gas Pipeline Safety Act of 1968 
     (49 U.S.C. App. 1671 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 22. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

       ``(a) Prohibition.--No person shall excavate within the 
     right-of-way of a natural gas interstate transmission 
     facility, or any other limited area in the vicinity of such 
     interstate transmission facility established by the 
     Secretary, and dispose solid waste therein.
       ``(b) Definition.--For purposes of this section, the term 
     `solid waste' has the meaning given such term in section 
     1004(27) of the Solid Waste Disposal Act (42 U.S.C. 
     6903(27)).''.
       (2) Conforming amendment.--Section 11(a)(1) of the Natural 
     Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1679a(a)(1)) 
     is amended by striking ``or section 20(h)'' and inserting in 
     lieu thereof ``, section 20(h), or section 22(a)''.
       (b) Hazardous Liquid Pipeline Safety Act of 1979.--
       (1) Amendment.--The Hazardous Liquid Pipeline Safety Act of 
     1979 (49 U.S.C. App. 2001 et seq.) is amended by adding at 
     the end the following new section:

     ``SEC. 221. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

       ``(a) Prohibition.--No person shall excavate within the 
     right-of-way of a hazardous liquid interstate pipeline 
     facility, or any other limited area in the vicinity of such 
     interstate pipeline facility established by the Secretary, 
     and dispose solid waste therein.
       ``(b) Definition.--For purposes of this section, the term 
     `solid waste' has the meaning given such term in section 
     1004(27) of the Solid Waste Disposal Act (42 U.S.C. 
     6903(27)).''.
       (2) Conforming amendment.--Section 208(a)(1) of the 
     Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 
     2007(a)(1)) is amended by inserting ``or section 221(a)'' 
     after ``section 207(a)''.

     SEC. 9. PERIODIC INSPECTION BY INSTRUMENTED INTERNAL 
                   INSPECTION DEVICES.

       (a) Natural Gas Pipeline Safety Act of 1968.--Section 
     3(g)(2) of the Natural Gas Pipeline Safety Act of 1968 (49 
     U.S.C. App. 1672(g)(2)) is amended--
       (1) by striking ``Not later than 3 years after the date of 
     the enactment of this paragraph'' and inserting in lieu 
     thereof ``Not later than 1 year after the date of the 
     enactment of the Natural Gas Pipeline Safety Improvement Act 
     of 1994''; and
       (2) in the first sentence, by inserting ``and shall 
     prescribe a schedule or schedules for such inspections'' 
     after ``operator of the pipeline''.
       (b) Hazardous Liquid Pipeline Safety Act of 1979.--Section 
     203(k)(2) of the Hazardous Liquid Pipeline Safety Act of 1979 
     (49 U.S.C. App. 2002(k)(2)) is amended--
       (1) by striking ``Not later than 3 years after the date of 
     the enactment of this paragraph'' and inserting in lieu 
     thereof ``Not later than 1 year after the date of the 
     enactment of the Natural Gas Pipeline Safety Improvement Act 
     of 1994''; and
       (2) in the first sentence, by inserting ``and shall 
     prescribe a schedule or schedules for such inspections'' 
     after ``operator of the pipeline''.

     SEC. 10. PROMOTING PUBLIC AWARENESS FOR NEIGHBORS OF 
                   PIPELINES.

       (a) Natural Gas Pipeline Safety Act of 1968.--Section 18 of 
     the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 
     1685) is amended by adding at the end the following new 
     subsections:
       ``(c) Promoting Public Awareness for Neighbors of 
     Pipelines.--Not later than 1 year after the date of enactment 
     of this subsection, and annually thereafter, the owner or 
     operator of each interstate transmission facility shall 
     notify all residents within 1000 yards, or such other 
     distance as the Secretary determines appropriate, of such 
     interstate transmission facility of--
       ``(1) the general location of the interstate transmission 
     facility;
       ``(2) a request for reporting of any instances of 
     excavation or dumping on or near the interstate transmission 
     facility;
       ``(3) a phone number to use to make such reports; and
       ``(4) appropriate procedures for such residents to follow 
     in response to accidents concerning interstate transmission 
     facilities.
       ``(d) Public Education.--The Secretary shall develop, in 
     conjunction with appropriate representatives of the natural 
     gas pipeline industry, public service announcements to be 
     broadcast or published to educate the public about pipeline 
     safety.''.
       (b) Hazardous Liquid Pipeline Safety Act of 1979.--Section 
     212 of the Hazardous Liquid Pipeline Safety Act of 1979 (49 
     U.S.C. App. 2011) is amended by adding at the end the 
     following new subsections:
       ``(e) Promoting Public Awareness for Neighbors of 
     Pipelines.--Not later than 1 year after the date of enactment 
     of this subsection, and annually thereafter, the owner or 
     operator of each interstate pipeline facility shall notify 
     all residents within 1000 yards, or such other distance as 
     the Secretary determines appropriate, of such interstate 
     pipeline facility of--
       ``(1) the general location of the interstate pipeline 
     facility;
       ``(2) a request for reporting of any instances of 
     excavation or dumping on or near the interstate pipeline 
     facility;
       ``(3) a phone number to use to make such reports; and
       ``(4) appropriate procedures for such residents to follow 
     in response to accidents concerning interstate pipeline 
     facilities.
       ``(f) Public Education.--The Secretary shall develop, in 
     conjunction with appropriate representatives of the hazardous 
     liquid pipeline industry, public service announcements to be 
     broadcast or published to educate the public about pipeline 
     safety.''.

     SEC. 11. REMOTELY OR AUTOMATICALLY CONTROLLED VALVES.

       Section 3 of the Natural Gas Pipeline Safety Act of 1968 
     (49 U.S.C. App. 1672) is amended by adding at the end the 
     following new subsection:
       ``(l) Remotely or Automatically Controlled Valves.--Not 
     later than 18 months after the date of enactment of this 
     subsection, the Secretary shall issue regulations requiring 
     the installation and use, wherever technically and 
     economically feasible, of remotely or automatically 
     controlled valves that are reliable and capable of shutting 
     off the flow of gas in the event of an accident, including 
     accidents in which there is a loss of the primary power 
     source. In developing proposed regulations, the Secretary 
     shall consult with, and give special consideration to 
     recommendations of, appropriate groups from the gas pipeline 
     industry, such as the Gas Research Institute.''.

     SEC. 12. BASELINE INFORMATION.

       (a) Natural Gas Pipeline Safety Act of 1968.--Section 3(g) 
     of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 
     App. 1672(g)) is amended by adding at the end the following 
     new paragraph:
       ``(3) Baseline information.--Before transporting natural 
     gas through a pipeline which, because of its design, 
     construction, or replacement, is required by regulations 
     issued under paragraph (1) to accommodate the passage of 
     instrumented internal inspection devices, the owner or 
     operator of such pipeline shall, using such a device, obtain 
     baseline information with respect to the safety of the 
     pipeline.''.
       [[Page S491]] (b) Hazardous Liquid Pipeline Safety Act of 
     1979.--Section 203(k) of the Hazardous Liquid Pipeline Safety 
     Act of 1979 (49 U.S.C. App. 2002(k)) is amended by adding at 
     the end the following new paragraph:
       ``(3) Baseline information.--Before transporting hazardous 
     liquids through a pipeline which, because of its design, 
     construction, or replacement, is required by regulations 
     issued under paragraph (1) to accommodate the passage of 
     instrumented internal inspection devices, the owner or 
     operator of such pipeline shall, using such a device, obtain 
     baseline information with respect to the safety of the 
     pipeline.''.
                                 ______

      By Mr. BRADLEY:
  S. 163. A bill to amend the Congressional Budget Act of 1974 to 
require that allocations of budget authority and budget outlays made by 
the Committee on Appropriations of each House be agreed to by joint 
resolution and to permit amendments that reduce appropriations to also 
reduce the relevant allocation and the discretionary spending limits; 
to the Committee on the Budget and the Committee on Governmental 
Affairs, jointly, pursuant to the order of August 4, 1977, with 
instructions that if one Committee reports, the other Committee have 
thirty days to report or be discharged.


         THE SPENDING REDUCTION AND BUDGET CONTROL ACT OF 1995

 Mr. BRADLEY. Mr. President, I introduce the Spending Reduction 
and Budget Control Act of 1995. This legislation fundamentally and 
powerfully reforms an appropriations and budget process that is too 
stacked in favor of continued public spending and a status quo of 
wasteful or outdated government programs.
  I have been trying, along with a number of Senators, to reduce 
taxpayer funding wasted on unnecessary programs and to reduce the 
deficit. During the 103d Congress, over 20 separate, specific cut 
proposals were voted on in the Senate. Only three were adopted. Three. 
Clearly, any attempt to cut programs on the Senate floor is a long 
shot.
  The prospects are discouraging and, unfortunately, the Senate's own 
rules work against any attempt to cut spending. My legislation targets 
these rules and the substantial procedural obstacles faced by any 
legislator who dares to cut appropriations, and to cut Federal 
spending.
  Every time one of us offers a amendment to cut a program, we face the 
charge that these amendments do not lead necessarily to any deficit 
reduction. This happened again and again during the last Congress as a 
way to discourage Senators from supporting an amendment. Instead of 
criticizing a proposed budget cut on substance, opponents simply remind 
Senators that these budget cutters are just tilting at windmills.
  The problem is that this argument is valid. The rules governing the 
budget and appropriations process in fact make it nearly impossible to 
cut a program and reduce spending. In reality, any attempt to do so 
would almost certainly require a three-fifths supermajority to succeed. 
And the cuts, even if agreed to by the Senate, can be easily reversed 
in Conference.
  My bill creates three key spending reforms, which I will describe in 
detail. This legislation--first--creates real opportunities to 
establish or redirect spending priorities, second--guarantees members 
an ability to cut spending with a majority vote, and--third--constrains 
the appropriations conferences to retain spending cuts agreed to in 
both Houses of Congress.
  Consider how we allocate spending around here: after Congress 
approves the budget, the Appropriations Committees are allowed to 
determine discretionary spending within the budget resolution targets. 
While we debate functional categories during consideration of the 
budget, the fact is that these categories (with the possible exception 
of the defense category) are almost entirely irrelevant to the 
appropriations process.
  Constrained only by an overall discretionary spending cap, the 
Appropriations Committee distributes spending authority to its 13 
subcommittees. Based on virtually no guidelines, tens of billions of 
dollars are allocated to the subcommittees. The rest of Congress never 
knows how this was done or how their constituents' money can be spent 
until they've been handed the results.
  We need to return this power to the voters by allowing all of their 
representatives to determine how to distribute the money within the 
budget targets and subcommittee jurisdictions. That means nothing more 
than requiring a vote by each House on how much money each subcommittee 
should get. This is the first element of may bill.
  Unfortunately, this step alone doesn't solve the problem. When the 
appropriations bills come to the floor, there are different complex 
rules but the same problem: the ability to cut spending is greatly 
limited.
  Here's how it works on the House and Senate floors: if you offer an 
amendment to cut a specific spending item, such as the purchase of 
Lawrence Welk's childhood home, and it passes, the category that money 
came from remains intact, and the money you saved can be spent 
somewhere else in that category.
  If you want to avoid the trap I just described, you also have to get 
approval to cut the overall allocation, and lock in that cut. These 
allocations and caps are very important in Congress--we have rules that 
say you need 60, not 50, votes to reduce these privileged entities. You 
can raise taxes with 50 votes but to cut spending you need 60 votes. 
The second part of my bill would straighten this out--if you have the 
support of a majority, you can cut spending.
  But there's one last problem. Even if the House and Senate agree on 
similar program and allocation cuts, the Conference Committee that 
creates the final bill is virtually free to reinsert whatever funding 
might have been cut. This couldn't happen under the terms of the third 
part of my proposal.
  These problems are real. I know firsthand. This really happens. It 
happened last Congress to a spending cut amendment I offered. After the 
Senate agreed to cut $22 million from the High Temperature Gas Reactor, 
the Conference Committee scaled the reduction down to $10 million. Half 
a loaf, but still $10 million in deficit reduction, right? Wrong. The 
Energy and Water Appropriations Bill--which cut funding for the HTGR by
 $10 million--actually increased in size during the conference, gaining 
an extra $20 million out of thin air.

  Let me make an analogy between cutting spending under the present 
system and basketball. Imagine you make a free throw--cut a specific 
program--but it doesn't count unless you go back to the three-point 
line and make the shot again--cut the allocation or cap. But it doesn't 
count again unless you go back to the half-court line and sink a shot 
from there--keep the cuts in a conference report. All of that in order 
to get credit for a single free throw--or a single deficit reduction 
amendment.
  We've created this maze. We can straighten it out. We have to turn 
the process around so that it's as easy to cut spending in the future 
as it is to protect spending now. We need a new system, which would be 
created by the adoption of my reforms.
  Again, there are three key elements to my proposal:
  First, we need to give to Congress the right to debate and set 
priorities for discretionary spending. These are the most fundamental 
decisions, and they are out of the reach of most of the Congress.
  I propose we put these decisions before Congress, for approval or 
modification by majority vote. My bill would require a separate 
resolution to allocate spending among the appropriations subcommittees. 
Both houses would have to agree beforehand on how much could be spent 
by each house's subcommittees.
  Second, we need to change the rules that prevent cuts in 
appropriations spending from being actual budget cuts. These 
obstacles--which were put in place to hinder an increase in spending--
represent bad policy when the goal is deficit reduction.
  My legislation would allow cuts in programs and cuts in spending. 
There would be several options: one, follow the status quo, and let 
money saved from an appropriations cut amendment be spent elsewhere; 
two, cut a program and cut the current year's allocation (thereby 
reducing the deficit); or three, cut a program, cut the current budget, 
and force a reduction in future budgets. All of these approaches would 
require only a majority vote--not the current supermajority of 60 
votes--to be adopted.
  [[Page S492]] Third, real accountability is needed in conference 
committees, where expensive deals are often cut. Even when the House 
and Senate each cut programs, the compromise may turn out to be that no 
program is cut.
  My bill would change Senate rules to prohibit an Appropriations 
Conference Committee from reporting a bill that cuts spending less than 
either the House or Senate language. Even if the House and Senate cuts 
are in different programs, the conference will have to reduce spending 
by at a minimum the smaller of the two amounts. In other words, if the 
House agrees to $100 million in cuts on a particular appropriations 
bill, and the Senate agrees to $200 million on same bill, the Conferees 
would be constrained to produce a Conference Report with at least $100 
million in cuts included.
  Are these budget reforms the answer to the deficit crisis? No. 
Entitlement and tax expenditure outlays are both growing rapidly, and 
neither can be addressed by changing congressional procedures. Even as 
we tighten controls on discretionary spending, we must move forward to 
confront the huge growth in the other two-thirds of the budget.
  Americans are right when they think that we are truly inspired when 
it comes to spending; we need to bring the same zeal to cutting 
spending. We need basic reforms that assure that spending cuts are 
spending cuts, not just reasons for another press release.
  Mr. President, I urge my colleagues to consider this legislation 
seriously. This bill would go a long way towards creating a rational, 
balanced approach to the budget and spending. In my view, these changes 
are needed and overdue.
  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. 163

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Spending Reduction and 
     Budget Control Act of 1995''.

     SEC. 2. JOINT RESOLUTION ALLOCATING APPROPRIATED SPENDING.

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

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

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

     SEC. 3. AMENDMENTS TO APPROPRIATIONS BILL.

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

     SEC. 4. SECTION 602(b) ALLOCATIONS.

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

 Spending Reduction and Budget Control act of 1995--Legislative Summary

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


                   step 1: fix the allocation process

                                Problem

       A central decision in the Appropriations process is the 
     distribution of available spending authority (BA and outlays) 
     among the thirteen subcommittees. While the Budget Resolution 
     may fix the total spending ceiling, the ``functional 
     categories'' provide little guidance for these ``302/602 
     (B)'' allocations. As a result, the Appropriations Committee 
     made fundamental decisions about spending priorities that are 
     not subject to the approval by the entire Senate. 
     Additionally, the House and Senate figures often differ.

                                Solution

       The Congress would required to consider and approve 
     spending targets for each appropriation subcommittee. This 
     would be done by a Joint Resolution which would:
       Originate and be managed within the Appropriations 
     Committees;
       Have privileged status and supersede other pending 
     business;
       Limit debate (Reconciliation-type rules--20 hour debate, 
     tight germaneness rules for amendments)
       Specify allocations by Subcommittee
       Meet appropriate overall Budget cap
       Be passed by both Houses in final form prior to the 
     approval of any Appropriations Bills by either House.
       Subcommittees allocations can be modified in subsequent 
     Appropriations Bills:--downward by a majority vote--upward by 
     a three-fifths vote, as is the case today.
[[Page S493]] step 2: amendments to appropriations bills should be able 
             to produce budget savings with a majority vote

                                Problem

       A valid criticism to any amendment to cut Appropriations is 
     that such amendments are unlikely to result in deficit 
     savings. If a legislator succeeds in cutting an account, the 
     funds saved remain available under the Subcommittee's 302(b)/
     602(b) allocation to be spent on other items. If the 
     appropriations cuts amendment contains reductions in the 
     302(b)/602(b) allocation, then it is subject to a 
     ``supermajority'' (i.e., three-fifths vote) point of order. 
     Finally, even if both Houses pass similar cuts or if both 
     Houses come in below the 302(b)/602(b) allocation figures, 
     there is no explicit constraint on Conference to maintain 
     deficit reduction.

                                Solution

       Senators and Representatives would be allowed to offer 
     appropriations cut amendments in one of three forms:
       (i) Cut the program account, but retain current law 
     subcommittee allocation and discretionary cap figures;
       (ii) Cut the program account and drop subcommittee 
     allocation and discretionary cap figures accordingly for 
     current year;
       (iii) Cut the program account and drop subcommittee 
     allocation figure for current year and discretionary cap 
     figure for current year and for an additional four years.
       Any amendment offered in one of the above forms would not 
     be subject to a three-fifths vote point of order.


      step 3: focus the conference committees on deficit reduction

                                Problem

       Even if each House adopted reduced spending proposals, 
     there's no guarantee that the conference committee will 
     reduce spending. In fact, our experience is that the 
     conference committee can drop cut proposals and even report a 
     bill which increases spending higher than that reported by 
     either House.

                                Solution

       Conference would not be able to adopt a final 302(b)/602(b) 
     allocation figure higher than the highest of the House or 
     Senate figures; if two Houses agree on different budget cuts 
     on the same appropriations bill, Conference would be required 
     to pass savings equal to the lesser of the two packages of 
     budget cuts.
                                 ______

      By Mr. BRADLEY (for himself, Mr. Specter, Mr. Lautenberg and Mr. 
        Exon):
  S. 164. A bill to require States to consider adopting mandatory, 
comprehensive, Statewide one-call notification systems to protect 
natural gas and hazardous liquid pipelines and all other underground 
facilities from being damaged by excavations, and for other purposes; 
to the Committee on Commerce, Science, and Transportation.


          the comprehensive one-call notification act of 1995

 Mr. BRADLEY. Mr. President, I introduce the Comprehensive One-
call Notification Act. I am very pleased to have as cosponsors of this 
bill Senator Specter, Senator Lautenburg, and the ranking member of the 
Commerce Committee's Transportation Subcommittee, Senator Exon.
  The bill we are introducing today will create new assurance that 
accidents involving pipelines and underground utilities won't occur. 
Every year, multiple fatalities and tens of millions of dollars worth 
of damage occur simply because people dig where they shouldn't. These 
third-party incidents are the single leading cause of accidents 
involving pipelines. According to the Department of Transportation, 
these accidents result in over half of the fatalities and half of the 
property damage caused by all pipeline failures. The Comprehensive One-
Call Notification Act will create a mechanism to prevent the 
inadvertent injury and the potential tragedy.
  Last March 23, just before midnight, an explosion ripped through the 
community of Durham Woods in Edison, NJ. Within minutes, eight 
apartment buildings were ablaze. Soon they were gone, wiped out by a 
fireball that lit up the sky over hundreds of square miles. One life 
was lost. Hundreds lost their homes. Many more were evacuated.
  The injuries were miraculously low. But who knows how many others 
still lie awake at night, wondering whether it could happen again and 
fearing the future.
  Reflecting on the accident today, it seems hard to fault anyone for 
their response to the tragedy. The community pulled together to help 
out those in need. Food, emergency shelter, general support and 
financial assistance were offered amply and unconditionally in the 
hours and days following the accident.
  However, great as this response was, this is not what is most 
striking about this accident. What is most striking about the accident 
is how lucky we were. Who would ever think that, given the timing and 
the magnitude of the explosion, so many people--many fleeing with just 
the clothes they had on--would escape without serious injury? Few who 
have walked around that crater, seen the charged cars and the empty 
building foundations would disagree with the conclusion that many there 
were saved only by a miracle.
  Unfortunately, miracles are a poor basis for public policy. You can't 
count on them. I am not about to count on them. The
 fact is that there is no margin for error in today's pipeline 
industry. The natural gas industry does have an excellent safety 
record, especially when you consider that 25 percent of the energy we 
consume moves by these pipelines. For example, there are seven major 
pipelines that cross my home State, and hundreds of smaller ones. But 
the Edison accident never should have happened.

  We need to acknowledge Edison for what it is: a breakdown in the 
regulatory and safety program. When the National Transportation Safety 
Board testified before the Energy Committee in April, their analysis 
pointed nearly conclusively to multiple gouges on the pipeline as the 
probable cause of the disaster. These marks appeared to be due to some 
powerful machinery, such as a backhoe, that struck the pipeline 
repeatedly.
  At this point, we don't know whether the damage was unintentional or 
on purpose. We don't know who struck the pipeline or whether they might 
have been aware of the possibility. We do know, however, that there was 
no requirement of utility notification prior to the excavation. And we 
know that there is no penalty for digging in the vicinity of the 
pipeline without notifying the utility operator.
  This is simply wrong, and represents a failure of public policy. At 
the hearing before the Senate Energy Committee, every witness agreed 
that we need a new national program of utility notification. If someone 
is excavating or grading a site, there has to be proper notification 
and it has to be mandatory--not voluntary--with penalties for 
negligence or noncompliance. This national program will be created by 
the comprehensive legislation we are considering today.
  Right now, the gas industry is making plans for a rapid expansion 
into new markets, particularly in the areas of natural gas vehicles and 
electric power production. The Department of Energy has predicted that 
the gas market will expand by a third over the next 15 years. If 
accidents occur--regardless of who is at fault or how the industry 
follows up--this growth will not. It is that simple.
  The telecommunications industry is likewise spending billions to 
expand its infrastructure and capabilities. If this investment, 
however, is held hostage by every backhoe operator in every State, 
without serious controls and oversight, we won't see a lot of traffic 
on this information superhighway.
  In one sense, this bill is unnecessary. Sooner or later, I predict, 
every State will adopt one-call provisions like those identified in 
this legislation. The reason is simple: sooner or later, every State 
will experience a major accident involving third-party damage to 
underground utilities. Then, just as has happened in New Jersey, one-
call provisions will be introduced or strengthened. This is not an 
issue of cost. Most States have these programs already. The problem is 
that, absent sufficient political motivation, these programs are just 
not as effective as they need to be.
  We shouldn't have to wait for another disaster to understand the 
importance of this modest bill. This comprehensive one-call legislation 
represents a necessary step if we are to do everything reasonable and 
appropriate to protect the public from the kind of tragedy that struck 
Edison.
  This bill, obviously, won't guarantee that another Edison will never 
occur. But mandatory, truly comprehensive one-call programs, based on a 
national model, are a good place to start.
  Passage of this legislation will send a message to the public that 
our concern is serious and the risks are real. A national program will 
create a new level of awareness and this awareness would 
[[Page S494]] be a powerful ally in our fight for increased safety.
  Mr. President, last Congress, this legislation was passed twice by 
the House of Representatives and was passed unanimously by the Senate 
Commerce Committee. This bill was on the verge of final approval when 
the Senate adjourned last October.
  It is clearly time to pass this legislation. I believe that there is 
no substantive reason why we cannot and should not act. It is endorsed 
very broadly by industry. It is needed by the general public. I urge 
all my colleagues to consider this bill carefully and approve it 
without delay.
  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. 164

       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 One-Call 
     Notification Act of 1995''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Damage.--The term ``damage'' means--
       (A) impact or contact with an underground facility, its 
     appurtenances, or its protective coating; or
       (B) weakening of the support for the facility or protective 
     housing that requires repair.
       (2) Excavation.--The term ``excavation''--
       (A) means an operation in which earth, rock, or other 
     material in the ground is moved, removed, or otherwise 
     displaced by means of a mechanized tool or equipment or by 
     means of an explosive; but
       (B) does not include--
       (i) a generally accepted normal agricultural practice or 
     activity taken in support of such a practice, as determined 
     by each State, including tilling of the soil for agricultural 
     purposes to a depth of 18 inches or less;
       (ii) a generally accepted normal lawn and garden activity, 
     as determined by each State;
       (iii) the excavation of a gravesite in a cemetery; or
       (iv) such routine railroad maintenance as such maintenance 
     would disturb the ground to a depth of no more than 18 
     inches, as measured from the surface of the ground, in 
     accordance with rules adhered to by a railroad requiring 
     underground facilities other than its own to be buried 3 feet 
     or lower on its property or along its right-of-way.
       (3) Excavator.--The term ``excavator'' means a person that 
     conducts excavation.
       (4) Facility operator.--The term ``facility operator'' 
     means a person that operates an underground facility.
       (5) Hazardous liquid.--The term ``hazardous liquid'' has 
     the meaning stated in section 60101(a)(4) of title 49, United 
     States Code.
       (6) Natural gas.--The term ``natural gas'' has the meaning 
     given the term ``gas'' in section 60101(a)(2) of title 49, 
     United States Code.
       (7) Person.--The term ``person'' includes an agency of 
     Federal, State, or local government.
       (8) Routine railroad maintenance.--The term ``routine 
     railroad maintenance'' includes such activities as ballast 
     cleaning, general ballast work, track lining and surfacing, 
     signal maintenance, and replacement of crossties.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (10) State.--The term ``State'' has the meaning stated in 
     section 60101(a)(20) of title 49, United States Code.
       (11) State program.--The term ``State program'' means the 
     program of a State to establish or maintain a one-call 
     notification system.
       (12) Underground facility.--The term ``underground 
     facility''--
       (A) means an underground line, system, or structure used 
     for gathering, storing, transmitting, or distributing oil, 
     petroleum products, other hazardous liquids, natural gas, 
     communication, electricity, water, steam, sewerage, or any 
     other commodity that the Secretary determines should be 
     included under the requirements of this Act; but
       (B) does not include a portion of a line, system, or 
     structure if the person that owns or leases, or holds an oil 
     or gas mineral leasehold interest in, the real property in 
     which that portion is located also operates, or has 
     authorized the operation of, the line, system, or structure 
     only for the purpose of furnishing services or materials to 
     that person, except to the extent that that portion--
       (i) contains predominantly natural gas or hazardous 
     liquids; and
       (ii)(I) is located within an easement for a public road (as 
     defined under section 101(a) of title 23, United States 
     Code), or a toll highway, bridge, or tunnel (as described in 
     section 129(a)(2) of that title); or
       (II) is located on a mineral lease and is within the 
     boundaries of a city, town, or village.

     SEC. 3. NATIONWIDE TOLL-FREE NUMBER SYSTEM.

       Within 1 year after the date of enactment of this Act, the 
     Secretary shall, in consultation with the Federal 
     Communications Commission, facility operators, excavators, 
     and one-call notification system operators, provide for the 
     establishment of a nationwide toll-free telephone number 
     system to be used by State one-call notification systems.
     SEC. 4. STATE PROGRAMS.

       (a) Consideration.--
       (1) In general.--Each State shall consider whether to adopt 
     a comprehensive statewide one-call notification program with 
     each element described in section 5, to protect all 
     underground facilities from damage due to any excavation.
       (2) New or existing program.--A State program may be 
     provided for through the establishment of a new program or 
     through modification or improvement of an existing program, 
     and may be implemented by a nongovernmental organization.
       (b) Procedures.--
       (1) Notice and hearing.--State consideration under 
     subsection (a) shall be undertaken after public notice and 
     hearing and shall be completed within 3 years after the date 
     of enactment of this Act.
       (2) Part of general proceeding.--Such consideration may be 
     undertaken as part of any proceeding of a State with respect 
     to the safety of pipelines or other underground facilities.
       (c) Compliance.--If a State fails to comply with the 
     requirements of subsection (a), the Secretary or any person 
     aggrieved by such failure may in a civil action obtain 
     appropriate relief against any appropriate officer or entity 
     of the State, including the State itself, to compel such 
     compliance.
       (d) Appropriateness.--Nothing in this Act prohibits a State 
     from making a determination that it is not appropriate to 
     adopt a State program described in section 5, pursuant to its 
     authority under otherwise applicable State law.

     SEC. 5. ELEMENTS OF STATE PROGRAM.

       (a) In General.--Each State's consideration under section 
     4(a) shall include consideration of program elements that--
       (1) provide for a one-call notification system or systems 
     that shall--
       (A) apply to all excavators and to all facility operators;
       (B) operate in all areas of the State and not duplicate the 
     geographical coverage of other one-call notification systems;
       (C) receive and record appropriate information from 
     excavators about intended excavations;
       (D) inform facility operators of any intended excavations 
     that may be in the vicinity of their underground facilities; 
     and
       (E) inform excavators of the identity of facility operators 
     who will be notified of the intended excavation;
       (2) provide for 24-hour coverage for emergency excavation, 
     with the manner and scope of coverage determined by the 
     State;
       (3) employ mechanisms to ensure that the general public, 
     and in particular all excavators, are aware of the one-call 
     telephone number and the requirements, penalties, and 
     benefits of the State program relating to excavations;
       (4) inform excavators of any procedures that the State has 
     determined must be followed when excavating;
       (5) require that any excavator contact the one-call 
     notification system in accordance with State specifications, 
     which may vary depending on whether the excavation is short 
     term, long term, routine, continuous, or emergency;
       (6) require facility operators to provide for locating and 
     marking or otherwise identifying their facilities at an 
     excavation site, in accordance with State specifications, 
     which may vary depending on whether the excavation is short 
     term, long term, routine, continuous, or emergency;
       (7) provide effective mechanisms for penalties and 
     enforcement as described in section 6;
       (8) provide for a fair and appropriate schedule of fees to 
     cover the costs of providing for, maintaining, and operating 
     the State program;
       (9) provide an opportunity for citizen suits to enforce the 
     State program;
       (10) require railroads to report any accidents that occur 
     during or as a result of routine railroad maintenance to the 
     Secretary and the appropriate local officials; and
       (11) provide that when a facility operator believes that 
     its underground facility is not buried 3 feet or lower on 
     railroad property or right-of-way, the facility operator may 
     request permission to enter the railroad property or right-
     of-way for the purpose of assessing the depth of such 
     underground facility and report its finding to the railroad.
       (b) Exception.--When excavation is undertaken by or for a 
     person on real property that is owned or leased by, or in 
     which an oil or gas mineral leasehold interest is held by, 
     that person, and that person operates all underground 
     facilities located at the site of the excavation, a State 
     program may elect not to require that such person contact the 
     one-call notification system before conducting excavation.

     SEC. 6. PENALTIES AND ENFORCEMENT.

       (a) General Penalties.--Each State's consideration under 
     section 4(a) shall include consideration of a requirement 
     that any excavator or facility operator that violates the 
     requirements of the State program shall be liable for an 
     appropriate administrative or civil penalty.
       (b) Increased Penalties.--If a violation results in damage 
     to an underground facility resulting in death, serious bodily 
     harm, or 
     [[Page S495]] actual damage to property exceeding $50,000, or 
     damage to a hazardous liquid underground facility resulting 
     in the release of more than 50 barrels of product, the 
     penalties shall be increased, and an additional penalty of 
     imprisonment may be assessed for a knowing and willful 
     violation.
       (c) Decreased Penalties.--Each State's consideration under 
     section 4(a) shall include consideration of reduced penalties 
     for a violation, that results in or could result in damage, 
     that is promptly reported by the violator.
       (d) Equitable Relief and Mandamus Actions.--Each State's 
     consideration under section 4(a) shall include consideration 
     of provisions for appropriate equitable relief and mandamus 
     actions.
       (e) Immediate Citation of Violations.--Each State's 
     consideration under section 4(a) shall include consideration 
     of procedures for issuing a citation of violation at the site 
     and time of the violation.

     SEC. 7. GRANTS TO STATES.

       (a) Authority.--
       (1) Funding.--Using $4,000,000 of the amounts previously 
     collected under section 7005 of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 (previously codified as 49 
     U.S.C. App. 1682a) or section 60301 of title 49, United 
     States Code, for each of the fiscal years 1996, 1997, and 
     1998, to the extent provided in advance in appropriations 
     Acts, the Secretary shall make grants to States, or to 
     operators of one-call notification systems in such States, 
     that have elected to adopt a State program described in 
     section 5 or to establish and maintain a State program 
     pursuant to subsection (b) of this section.
       (2) General purposes.--Grants under subsection (a) may be 
     used in--
       (A) establishing one-call notification systems;
       (B) modifying existing systems to conform to standards 
     established under this Act; and
       (C) improving systems to exceed those standards.
       (3) Particular uses.--Grants under subsection (a) may be 
     used to--
       (A) improve communications systems linking one-call 
     notification systems;
       (B) improve location capabilities, including training 
     personnel and developing and using location technology;
       (C) improve record retention and recording capabilities;
       (D) enhance public information and education campaigns;
       (E) increase and improve enforcement mechanisms, including 
     administrative processing of violations; and
       (F) otherwise further the purposes of this Act.
       (b) Alternate Form of State Program.--The Secretary may 
     make a grant under subsection (a) to a State that establishes 
     or maintains a State program that differs from a State 
     program described in section 5 if the State program is at 
     least as protective of the public health and safety and the 
     environment as a State program described in section 5.

     SEC. 8. DEPARTMENT OF TRANSPORTATION.

       (a) Coordination With Other Responsibilities.--
       (1) Coordination.--The Secretary shall coordinate the 
     implementation of this Act with the implementation of chapter 
     601 of title 49, United States Code.
       (2) Review of programs.--Within 18 months after the date of 
     enactment of this Act, the Secretary shall review, and report 
     to Congress on, the extent to which any policies, programs, 
     and procedures of the Department of Transportation could be 
     used to achieve the purposes of this Act.
       (b) Model Program.--
       (1) Development.--
       (A) Initial model program.--Within 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     facility operators, excavators, one-call notification system 
     operators, and State and local governments, shall develop and 
     make available to States a model State program, including a 
     model enforcement program.
       (B) Amendments.--The model program may be amended by the 
     Secretary on the Secretary's initiative or in response to 
     reports submitted by the States pursuant to section 9 or as a 
     result of workshops conducted under paragraph (3).
       (2) Mandatory elements.--The model program developed under 
     paragraph (1) shall include all elements of a State program 
     described in section 5.
       (3) Other elements.--The Secretary shall consider 
     incorporating the following elements into the model program:
       (A) Recordation of information.--The one-call notification 
     system or systems shall--
       (i) receive and record appropriate information from 
     excavators about intended excavations, including--

       (I) the name of the person contacting the one-call 
     notification system;
       (II) the name, address, and telephone number of the 
     excavator;
       (III) the specific location of the intended excavation, 
     along with the starting date thereof and a description of the 
     intended excavation activity; and
       (IV) the name, address, and telephone number of the person 
     for whom the work is being performed; and

       (ii) maintain records on each notice of intent to excavate 
     for the period of time necessary to ensure that such records 
     remain available for use in the adjudication of any claims 
     relating to the excavation.
       (B) Provision of information.--The provision of information 
     on excavation requirements at the time of issuance of 
     excavation or building permits, or other specific mechanisms 
     for ensuring excavator awareness.
       (C) Advance contact.--A requirement that any excavator must 
     contact the one-call notification system at least 2 business 
     days, and not more than 10 business days, before excavation 
     begins.
       (D) Alternative notification procedures.--Alternative 
     notification procedures for excavation activities conducted 
     as a normal part of continuing operations within specific 
     geographic locations over an extended period of time.
       (E) Marking of facilities; monitoring of excavation.--A 
     requirement that facility operators--
       (i) provide for locating and marking, in accordance with 
     the American Public Works Association Uniform Color Code for 
     Utilities, or otherwise identifying, in accordance with 
     standards established by the State or the American National 
     Standards Institute, their underground facilities at the site 
     of an intended excavation within no more than 2 business days 
     after notification of such intended excavation; and
       (ii) monitor such excavation as appropriate.
       (F) Notification of no underground facilities.--Provision 
     for notification of excavators if no underground facilities 
     are located at the excavation site.
       (G) Longer time limitations.--Provision for the approval of 
     a State program under this Act with time limitations longer 
     than those required under subparagraphs (C) and (E) of this 
     paragraph where special circumstances, such as severe weather 
     conditions or remoteness of location, pertain.
       (H) Unknown locations.--Procedures for excavators and 
     facility operators to follow when the location of underground 
     facilities is unknown.
       (I) Improvement of capabilities.--Procedures to improve 
     underground facility location capabilities, including 
     compiling and notifying excavators, facility operators, and 
     one-call centers of any information about previously unknown 
     underground facility locations when such information is 
     discovered.
       (J) Alternative rules for timely compliance.--Alternative 
     rules for timely compliance with State program requirements 
     in emergency circumstances.
       (K) Revocation of licenses and permits.--If a State has 
     procedures for licensing or permitting entities to do 
     business, procedures for the revocation of the license or 
     permit to do business of any excavator determined to be a 
     habitual violator of the requirements of the State program.
       (4) Workshops.--Within 6 months after the date of enactment 
     of this Act, and annually thereafter, the Secretary shall 
     conduct workshops with facility operators, excavators, one-
     call notification system operators, and State and local 
     governments in order to develop, amend, and promote the model 
     program, and to provide an opportunity to share information 
     among such parties and to recognize State programs that 
     exemplify the goals of this Act.
       (c) Public Education.--The Secretary shall develop, in 
     conjunction with facility operators, excavators, one-call 
     notification system operators, and State and local 
     governments, public service announcements and other 
     educational materials and programs to be broadcast or 
     published to educate the public about one-call notification 
     systems, including the national phone number.

     SEC. 9. STATE REPORTS.

       (a) Requirement.--
       (1) Initial report.--Within 3 years after the date of 
     enactment of this Act, each State shall submit to the 
     Secretary a report on progress made in implementing this Act.
       (2) Status reports.--Within 4\1/2\ years after the date of 
     enactment of this Act, and annually thereafter, each State 
     shall report to the Secretary on the status of its State 
     program, if any, and its requirements, and any other 
     information the Secretary requires.
       (b) Simplified Reporting Form.--Within 3 years after the 
     date of enactment of this Act, the Secretary shall develop 
     and distribute to the States a simplified form for complying 
     with the reporting requirements of subsection (a)(2).

     SEC. 10. FEDERAL REPORT.

       The Secretary shall report annually to Congress on the 
     number and circumstances surrounding accidents caused by 
     routine railroad maintenance.

     SEC. 11. MORE PROTECTIVE SYSTEMS.

       Nothing in this Act prohibits a State from implementing a 
     one-call notification system that provides greater protection 
     for underground facilities from damage due to excavation than 
     a system established pursuant to this Act.
     SEC. 12. USE OF TECHNOLOGIES FOR REMOTE AND ABOVE-GROUND 
                   PIPELINE LOCATION.

       The Secretary shall consult with other agencies as to the 
     availability and affordability of technologies which will 
     help relocate pipelines from above-ground and remote 
     locations.
                                 ______

      By Mr. DOMENICI (for himself, Mr. Bingaman, and Mr. Dole):
  S. 166. A bill to transfer a parcel of land to the Taos Pueblo 
Indians of New Mexico; to the Committee on Energy and Natural 
Resources.
            [[Page S496]] taos pueblo bottleneck legislation

 Mr. DOMENICI. Mr. President, the bill I am introducing with my 
colleagues, Mr. Bingaman and Mr. Dole, will transfer 764 acres now 
located in the Wheeler Peak Wilderness of the Carson National Forest to 
the Taos Pueblo, both in northern New Mexico.
  The history of this area is fascinating and involves the only living 
culture in the United States to be recognized by the United Nations as 
a World Heritage Site. Americans can be very proud of the Taos Pueblo 
Indians who live in the Rocky Mountains of New Mexico. I know New 
Mexicans are proud of the Taos Pueblo for this most unique 
international honor in our land of enchantment.
  Designation as a World Heritage Site is an honor we share with the 
Grand Canyon, Yosemite, the Statue of Liberty, and Independence Hall, 
to name several such sites in the United States. The Taos Pueblo, 
however, is the only living culture to be so honored in the Western 
Hemisphere.
  A well known cultural and religious attribute of this World Heritage 
Site at Taos Pueblo is the Blue Lake and its special spiritual 
significance to the Taos Pueblo and other New Mexico Indians. Blue Lake 
is nestled high in the Sangre de Cristo Mountains east of the Pueblo. 
The sacred ceremonies of the Taos Pueblo people at this site pre-date 
the signing of the Magna Carta.
  The Bottleneck area is an integral part of Blue Lake and continues to 
be used by Taos Pueblo for religious pilgrimages. The sacred Path of 
Life Trail, connecting the Pueblo with Blue Lake, runs through the 
bottleneck. The Blue Lake Wilderness includes Blue Lake, Star Lake, and 
Bear Lake. Headwaters to Rio Pueblo de Taos and the Rio Lucero are also 
in this sacred area. There is no doubt that the Blue Lake Wilderness, 
designated a wilderness area in the 1970 law, has been a vital source 
of livelihood and spiritual strength for the Taos Pueblo for over 1,000 
years.
  The bill pending before the Senate today is intended to complete the 
full transfer of the Blue Lake territory to the Taos Pueblo. The Path 
of Life Trail in the Bottleneck Tract will be returned to its rightful 
owners.
  Most of the Blue Lake area transfer took place in 1970, when Public 
Law 91-550 was signed by President Richard M. Nixon. At that time, 
48,000 of the 50,000 acres of Blue Lake Wilderness were returned to the 
Taos Pueblo. The entire 50,000 acre area known as the Blue Lake was 
acknowledged by the Indian Claims Commission in 1965 to be Taos Pueblo 
land. The creation of the Blue Lake Wilderness in 1970 by the Congress 
transferred 48,000 acres of the 50,000 acres back to Taos Pueblo to be 
held in trust by the United States for the Pueblo.
  In 1979, the Federal District Court in Washington, DC added 1,235 
acres to the trust lands of Taos Pueblo in the Tract C transfer, 
leaving only the so-called Bottleneck Tract from the original 50,000 
acre claim. Our legislation completes the Blue Lake transfer.
  Drafted as an amendment to the Blue Lake Wilderness Act, our bill 
requires that the Bottleneck also be maintained as wilderness. The Taos 
Pueblo has an excellent record of maintaining the Blue Lake Wilderness. 
We have every confidence that adding the Bottleneck to the Blue Lake 
Wilderness will increase the enthusiasm of the Pueblo for continuing 
its excellent stewardship of the Blue Lake Wilderness.
  The Wilderness Society, Audubon Society, Sierra Club, and the 
National Wildlife Federation support the return of the Bottleneck to 
Taos Pueblo.
  Under the terms of this legislation, Taos Pueblo will hold the 
responsibility and right to manage and control the entire Blue Lake 
Territory. The Bottleneck Tract is currently a part of the Wheeler Peak 
Wilderness Area in the Carson National Forest, New Mexico, and is 
managed by the Forest Service. Taos Pueblo lands surround the 
Bottleneck on three sides (east, south, and west). Unfortunately, 
public access to this Bottleneck tract leads to unwelcome intrusions. 
During Indian ceremonials, hikers often find their way into the Blue 
Lake Wilderness Area. Our bill will resolve this and related problems 
in favor of the Taos Pueblo. There will no longer be questions of 
ownership or rights of way, and the Pueblo will be responsible for 
management of the entire Blue Lake area including the Bottleneck Tract 
added by this legislation.
  The Bottleneck Tract, is currently managed by the Forest Service as a 
scenic overlook. Taos Pueblo leaders are issued permits and the Forest 
Service closes the area for their pilgrimages. There are no public 
camping, fishing, or other recreational uses permitted. Hiking is 
allowed.
  It is the intention of Taos Pueblo, under the terms of this bill, to 
continue to use these lands for traditional purposes only. These uses 
include religious and ceremonial pilgrimages, hunting and fishing, a 
source of water, forage for their domestic livestock, timber, and other 
natural resources for their personal use. These uses are all subject to 
such regulations for conservation purposes as the Secretary of the 
Interior may prescribe as managed by the Taos Pueblo under the terms of 
the Blue Lake wilderness legislation.
  There is no intention in our legislation to change any water rights 
associated with the Blue Lake area or the Taos Pueblo. I have 
personally discussed this issue with the Taos tribal leaders who have 
assured me that the return of the Bottleneck will not alter their 
claims to water in the Taos Valley. There will be no adverse impact on 
downstream water users in the Taos Valley as a result of passage of 
this legislation. In fact, I remain optimistic about the on-going water 
negotiations in the Taos Valley and look forward to working with all 
parties to ratify a negotiated settlement in the Congress.
  It is our intention that the lands shall remain forever wild and 
maintained as a wilderness. Identical legislation is being introduced 
in the House by Representative Richardson of New Mexico. We urge our 
colleagues to support our legislation to transfer the last parcel of 
the Blue Lake Wilderness to the Taos Pueblo Indians of New Mexico.
                                 ______

      By Mr. JOHNSTON:
  S. 167. A bill to amend the Nuclear Waste Policy Act of 1982 and for 
other purposes; to the Committee on Energy and Natural Resources.


                  THE NUCLEAR WASTE POLICY ACT OF 1995

 Mr. JOHNSTON. Mr. President, I am today introducing 
legislation to amend the Nuclear Waste Policy Act of 1982.
  The existing law was meant to provide for the permanent disposal of 
spent nuclear fuel from the Nation's civilian nuclear powerplants and 
high-level radioactive waste from our nuclear weapons program. It 
called for the construction of a deep geologic repository in which 
nuclear waste could safely be buried beginning in January 1998.
  The existing law has fallen far short of its goals. The repository 
will not be ready in 1998. The earliest completion date is now 2010, 
but it may not be ready even then without significant program changes 
and budget increases. In the meantime, available storage capacity at 
civilian powerplants is running out, threatening the ability of some 
plants to keep operating.
  The existing program was designated to be self-funding. The law 
imposed a special fee on utilities, which is ultimately borne by their 
ratepayers. The American people have paid over $8 billion into the 
Nuclear Waste Fund. Over $4 billion has been spent, but our budget laws 
put the balance of the fund off-limits, where it can be used to balance 
the deficit but not used for the purpose for which it was collected.
  Mr. President, the program cannot succeed as it is presently 
constituted. The time has come to restructure the program so it can 
succeed. This bill I am introducing today would do so.
  The Nuclear Waste Policy Act of 1995 provides a complete substitute 
to the 1982 law. It provides for the construction of an interim storage 
facility, which would provide adequate spent fuel storage capacity 
until the repository can be built and licensed. It places the existing 
repository program on sounder foundations by providing rational, 
health-based standards for licensing the repository. It provides 
authority for the Department of Energy to begin construction of the 
rail spur needed to transport nuclear waste to the interim storage 
facility and repository. And it provides special budget treatment for 
the Nuclear Waste Fund to ensure that the program will be able to use 
the funds that are now being collected for that purpose.
  [[Page S497]] Mr. President, I urge my colleagues to join me in 
supporting this important legislation, and I ask unanimous consent that 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
                                 S. 167

       Be it enacted by the Senate and the House of 
     Representatives of the United States of America in Congress 
     assembled, That the Nuclear Waste Policy Act of 1982 is 
     amended to read as follows:

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Nuclear 
     Waste Policy Act of 1995''.
       (b) Table of Contents.--

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.

                     TITLE I--STORAGE AND DISPOSAL

Sec. 101. Interim storage.
Sec. 102. Permanent disposal.
Sec. 103. Land withdrawal.

              TITLE II--TRANSPORTATION AND STATE RELATIONS

Sec. 201. Multi-purpose canisters.
Sec. 202. Railroad.
Sec. 203. Transportation requirements.
Sec. 204. State consultation and assistance.
Sec. 205. Preemption.

                  TITLE III--FUNDING AND ORGANIZATION

Sec. 301. Budget priorities.
Sec. 302. Nuclear Waste Fund.
Sec. 303. Budget treatment.
Sec. 304. Office of Civilian Radioactive Waste Management.
Sec. 305. Defense contribution.

             TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS

Sec. 401. NRC regulations.
Sec. 402. Judicial review of agency actions.
Sec. 403. Title to material.
Sec. 404. Licensing of facility expansions and transshipments.
Sec. 405. Siting a second repository.
Sec. 406. Financial arrangements for low-level radioactive waste site 
              closure.
Sec. 407. Nuclear Regulatory Commission training authorization.

             TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD

Sec. 501. Definitions.
Sec. 502. Nuclear Waste Technical Review Board.
Sec. 503. Functions.
Sec. 504. Investigatory powers.
Sec. 505. Compensation of members.
Sec. 506. Staff.
Sec. 507. Support services.
Sec. 508. Report.
Sec. 509. Authorization of appropriations.
Sec. 510. Termination of the Board.
     SEC. 2. DEFINITIONS.

       For purposes of this Act:
       (1) The term ``affected unit of local government'' means 
     the unit of local government with jurisdiction over the site 
     of the repository or interim storage facility. Such term may, 
     at the discretion of the Secretary, include other units of 
     local government that are contiguous with such unit.
       (2) The term ``atomic energy defense activity'' means any 
     activity of the Secretary performed in whole or in part in 
     carrying out any of the following functions:
       (A) naval reactors development;
       (B) weapons activities including defense inertial 
     confinement fusion;
       (C) verification and control technology;
       (D) defense nuclear materials production;
       (E) defense nuclear waste and materials byproducts 
     management;
       (F) defense nuclear materials security and safeguards and 
     security investigations; and
       (G) defense research and development.
       (3) The term ``civilian nuclear power reactor'' means a 
     civilian nuclear powerplant required to be licensed under 
     section 103 or 104b of the Atomic Energy Act of 1954 (42 
     U.S.C. 2133, 2134(b)).
       (4) The term ``Commission'' means the Nuclear Regulatory 
     Commission.
       (5) The term ``Department'' means the Department of Energy.
       (6) The term ``disposal'' means the emplacement in a 
     repository of high-level radioactive waste, spent nuclear 
     fuel, or other highly radioactive material with no 
     foreseeable intent of recovery, whether or not such 
     emplacement permits recovery of such waste.
       (7) The term ``engineered barriers'' means manmade 
     components of a disposal system designed to prevent the 
     release of radionuclides into the geologic medium involved. 
     Such term includes the high-level radioactive waste form, 
     high-level radioactive waste canisters, and other materials 
     placed over and around such canisters.
       (8) The term ``high-level radioactive waste'' means--
       (A) the highly radioactive material resulting from the 
     reprocessing of spent nuclear fuel, including liquid waste 
     produced directly in reprocessing and any solid material 
     derived from such liquid waste that contains fission products 
     in sufficient concentrations; and
       (B) other highly radioactive material that the Commission, 
     consistent with existing law, determines by rule requires 
     permanent isolation.
       (9) The term ``federal agency'' means any Executive agency, 
     as defined in section 105 of title 5, United States Code.
       (10) The term ``Indian tribe'' means any Indian tribe, 
     band, nation, or other organized group or community of 
     Indians recognized as eligible for the services provided to 
     Indians by the Secretary of the Interior because of their 
     status as Indians,
      including any Alaska Native village, as defined in section 
     3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1602(c)).
       (11) The term ``interim storage facility'' means a complex 
     designed and constructed under section 101 for the receipt, 
     handling, possession, safeguarding, and storage of spent 
     nuclear fuel prior to transfer to a repository for the 
     permanent disposal of such spent nuclear fuel.
       (12) The term ``low-level radioactive waste'' means 
     radioactive material that--
       (A) is not high-level radioactive waste, spent nuclear 
     fuel, transuranic waste, or byproduct material as defined in 
     section 11 e.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 
     2014(e)(2)); and
       (B) the Commission, consistent with existing law, 
     classifies a low-level radioactive waste.
       (13) The term ``Office'' means the office of Civilian 
     Radioactive Waste Management established in section 304.
       (14) The term ``package'' means the primary container that 
     holds, and is in contact with, solidified high-level 
     radioactive waste, spent nuclear fuel, or other radioactive 
     materials, and any overpacks, that are used for the 
     transportation, storage, or disposal of such waste, spent 
     fuel, or other materials.
       (15) The term ``Program Approach'' means the Secretary's 
     plan for site characterization activities described in the 
     Yucca Mountain Technical Implementation Plan for Fiscal Year 
     1995.
       (16) The term ``repository'' means a complex designed and 
     constructed under section 102 for the permanent geologic 
     disposal of high-level radioactive waste and spent nuclear 
     fuel, including both surface and subsurface areas at which 
     high-level radioactive waste and spent nuclear fuel handling 
     activities are conducted.
       (17) The term ``Secretary'' means the Secretary of Energy.
       (18) The term ``site characterization'' means activities, 
     whether in a laboratory or in the field, undertaken to 
     establish the geologic condition and the ranges of the 
     parameters of a candidate site relevant to the location of a 
     repository, including borings, surface excavations, 
     excavations of exploratory shafts, limited subsurface lateral 
     excavations and borings, and in site testing needed to 
     evaluate the suitability of a candidate site for the location 
     of the repository, but not including preliminary borings and 
     geophysical testing needed to assess whether site 
     characterization should be undertaken.
       (19) The term ``spent nuclear fuel'' means fuel that has 
     been withdrawn from a nuclear reactor following irradiation, 
     the constituent elements of which have not been separated by 
     reprocessing.
       (20) The term ``storage'' means retention of high-level 
     radioactive waste, spent nuclear fuel, or transuranic waste 
     with the intent to recover such waste or fuel for subsequent 
     use, processing, or disposal.
       (21) The term ``Waste Fund'' means the Nuclear Waste Fund 
     established in section 302(c).
       (22) The term ``Yucca Mountain site'' means the area in the 
     State of Nevada described in section 103(b).

                     TITLE I--STORAGE AND DISPOSAL

     SEC. 101. INTERIM STORAGE.

       (a) Authorization.--The Secretary shall construct and 
     operate a facility for the interim storage of high-level 
     radioactive waste and spent nuclear fuel at the Yucca 
     Mountain site.
       (b) NRC Licensing.--The Secretary shall apply to the 
     Commission for a license to store high-level radioactive 
     waste and spent nuclear fuel in the interim storage facility. 
     The Commission shall amend its regulations for licensing 
     independent spent fuel storage installations as appropriate 
     to carry out the purposes of this section. The Commission 
     shall act expeditiously on the Secretary's application and 
     shall license the facility in accordance with the provisions 
     of this Act and the Commission's regulations for licensing 
     independent spent fuel storage installations as amended.
       (c) Duration of the License.--The Commission shall license 
     storage of high-level radioactive waste and spent nuclear 
     fuel at the facility for an initial term of 100 years from 
     the date of issuance of the license and may, upon application 
     by the Secretary, renew the license for additional terms.
       (d) Capacity.--The interim storage facility shall provide 
     sufficient capacity to store spent nuclear fuel from civilian 
     nuclear power reactors until the Secretary is able to 
     transfer the spent fuel to the repository, and shall be 
     expandable if operation of the repository is delayed.
       (e) Environmental Impact Statement.--(1) Construction and 
     operation of the interim storage facility shall be considered 
     a major federal action significantly affecting the quality of 
     the human environment for purposes of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
     The Secretary shall submit an environmental impact statement 
     on the interim storage facility to the Commission with the 
     license application.
       (2) For purposes of complying with the requirements of the 
     National Environmental 
     [[Page S498]] Policy Act of 1969 and this section, the 
     Secretary need not consider the need for the interim storage 
     facility or alternative sites or designs in the environmental 
     impact statement.
       (3) The Secretary's environmental impact statement and any 
     supplements thereto shall, to the extent practicable, be 
     adopted by the Commission in connection with the issuance by 
     the Commission of a license for storage of spent nuclear fuel 
     at the interim storage facility. To the extent such statement 
     is adopted by the Commission, such adoption shall be deemed 
     to also satisfy the responsibilities of the Commission under 
     the National Environmental Policy Act of 1969.
       (f) Expedited Actions.--The Secretary shall begin storing 
     spent nuclear fuel at the interim storage facility at the 
     earliest practicable date. All actions by the Secretary, the
      Commission, the Secretary of the Interior, or any federal 
     agency or officer with respect to consideration of 
     applications or requests for the issuance or grant of any 
     authorization related to the interim storage facility 
     shall be expedited, and any such application or request 
     shall take precedence over any similar applications or 
     requests not related to the interim storage facility.
       (g) Waste Confidence.--Licensing and operation of the 
     interim storage facility in accordance with this section 
     shall constitute reasonable assurance that high-level 
     radioactive waste and spent nuclear fuel can and will be 
     disposed of safely for purposes of the Commission's decision 
     to grant or amend any license to operate any civilian nuclear 
     power reactor under the Atomic Energy Act of 1954 (42 U.S.C. 
     2011 et seq.)

     SEC. 102. PERMANENT DISPOSAL.

       (a) Site Characterization.--The Secretary shall carry out 
     appropriate site characterization activities at the Yucca 
     Mountain site in accordance with the Secretary's Program 
     Approach to site characterization. The Commission shall 
     review its existing regulations for the disposal of high-
     level radioactive waste in geologic repositories and shall 
     amend them as may be necessary to reflect the Program 
     Approach and this Act.
       (b) Environmental Impact Statement.--(1) Construction and 
     operation of the repository shall be considered a major 
     federal action significantly affecting the quality of the 
     human environment for purposes of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Secretary 
     shall submit an environmental impact statement on the 
     construction and operation of the repository to the 
     Commission with the license application.
       (2) For purposes of complying with the requirements of the 
     National Environmental Policy Act of 1969 and this section, 
     the Secretary need not consider the need for the repository 
     or alternative sites or designs in the environmental impact 
     statement.
       (3) The Secretary's environmental impact statement and any 
     supplements thereto shall, to the extent practicable, be 
     adopted by the Commission in connection with the issuance by 
     the Commission of a construction authorization under 
     subsection (d), a license under subsection (e), or a license 
     amendment under subsection (f). To the extent such statement 
     or supplement is adopted by the Commission, such adoption 
     shall be deemed to also satisfy the responsibilities of the 
     Commission under the National Environmental Policy Act of 
     1969.
       (c) Site Suitability Determination.--(1) The Secretary 
     shall determine, based upon the results of the site 
     characterization activities, whether the Yucca Mountain site 
     is suitable for development of a geologic repository and 
     report her determination to the Congress.
       (2) If the Secretary determines that the Yucca Mountain 
     site is unsuitable for development of a repository, the 
     Secretary shall terminate site characterization activities at 
     the site, notify Congress and the State of Nevada of her 
     decision and the
      reasons therefor, and recommend to Congress not later than 6 
     months after such determination further actions, including 
     the enactment of legislation, that may be needed to manage 
     the nation's high-level radioactive waste and spent 
     nuclear fuel.
       (3) If the Secretary determines that the Yucca Mountain 
     site is suitable for development of a repository, the 
     Secretary shall apply to the Commission for authorization to 
     construct the repository.
       (d) Construction Authorization.--The Commission shall 
     initially grant the Secretary a construction authorization 
     for the repository upon determining that there is reasonable 
     assurance that high-level radioactive waste and spent nuclear 
     fuel can be disposed of in the repository--
       (1) in conformity with the Secretary's application, the 
     provisions of this Act, and the regulations of the 
     Commission;
       (2) without unreasonable risk to the health and safety of 
     the public; and
       (3) consistent with the common defense and security.
       (e) License.--Following substantial completion of 
     construction and the filing of any additional information 
     needed to complete the license application, the Commission 
     shall issue a license to dispose of high-level radioactive 
     waste and spent nuclear fuel in the repository if the 
     Commission determines that the repository has been 
     constructed and will operate--
       (1) in conformity with the Secretary's application, the 
     provisions of this Act, and the regulations of the 
     Commission;
       (2) without unreasonable risk to the health and safety of 
     the public; and
       (3) consistent with the common defense and security.
       (f) Closure.--After placing high-level radioactive waste 
     and spent nuclear fuel in the repository, and after providing 
     for the retrievability of such high-level radioactive waste 
     and spent nuclear fuel during any period the Secretary 
     determines to be appropriate, the Secretary shall apply to 
     the Commission to amend the license to permit permanent 
     closure of the repository. The Commission shall grant such 
     license amendment upon finding that there is reasonable 
     assurance that the repository can be permanently closed--
       (1) in conformity with the provisions of this Act and the 
     regulations of the Commission;
       (2) without unreasonable risk to the health and safety of 
     the public; and
       (3) consistent with the common defense and security.
       (g) Post-Closure Oversight.--Following repository closure, 
     the Secretary shall continue to oversee the Yucca Mountain 
     site to prevent any activity at the site that poses an 
     unreasonable risk of--
       (1) breaching the repository's engineered or geologic 
     barriers; or
       (2) increasing the exposure of individual members of the 
     public to radiation beyond allowable limits.
       (h) Licensing standards.--For purposes of making any 
     licensing determination under this section--
       (1) Release standards.--The Commission shall find that the 
     repository will not constitute an unreasonable risk to the 
     health and safety of the public if there is reasonable 
     assurance that the amount of radioactive materials and 
     radioactivity released from the site (excluding background 
     radiation and other radiation arising from the natural 
     geological characteristics of the site) over a 10,000-year 
     period shall not result in an annual dose to an average 
     member of the general population in the vicinity of the site 
     in excess of one-third of the annual dose received from 
     natural background sources by an average member of the 
     general population in the United States.
       (2) Overall system performance.--The Commission shall not 
     deny the issuance of a license on the basis of the 
     Secretary's failure to demonstrate satisfaction of any 
     individual subsystem performance standard so long as the 
     Commission finds reasonable assurance of satisfaction of the 
     overall system performance standard.
       (3) Groundwater protection.--Notwithstanding the provisions 
     of the Safe Drinking Water Act (42 U.S.C. 300f et seq.), a 
     Commission finding of reasonable assurance of satisfaction of 
     the system performance standard and the design objective 
     shall constitute a finding of adequate protection of 
     groundwater. No maximum contaminant level limits or other 
     groundwater protection measures shall apply.
       (4) Human intrusion.--The Commission shall assume that, 
     following repository closure, the inclusion of engineered 
     barriers and the Secretary's post-closure oversight of the 
     Yucca Mountain site, in accordance with subsection (g), shall 
     be sufficient to--
       (A) prevent any activity at the site that poses an 
     unreasonable risk of breaching the repository's engineered or 
     geologic barriers; and
       (B) prevent any increase in the exposure of individual 
     members of the public to radiation beyond allowable limits.

     SEC. 103. LAND WITHDRAWAL.

       (a) Withdrawal and Reservation.--(1) The Yucca Mountain 
     site, as described in subsection (b), is withdrawn from all 
     forms of entry, appropriation, and disposal under the public 
     land laws, including without limitation the mineral leasing 
     laws, the geothermal leasing laws, the material sale laws, 
     and the mining laws.
       (2) Jurisdiction of any land within the Yucca Mountain site 
     managed by the Secretary of the Interior, the Secretary of 
     Defense, or any other federal officer is transferred to the 
     Secretary of Energy.
       (3) The Yucca Mountain site is reserved for the use of the 
     Secretary for the construction and operation of the interim 
     storage facility and the repository and activities associated 
     with the purposes of this title.
       (b) Land Description.--(1) The boundaries depicted on the 
     map entitled ``Yucca Mountain Site Withdrawal Map,'' dated 
     ________, and on file with the Secretary, are established as 
     the boundaries of the Yucca Mountain site.
       (2) Within 30 days after the date of the enactment of this 
     Act, the Secretary shall--
       (A) publish in the Federal Register a notice containing a 
     legal description of the Yucca Mountain site; and
       (B) file copies of the map described in paragraph (1) and 
     the legal description of the Yucca Mountain site with the 
     Congress, the Secretary of the Interior, the Governor of 
     Nevada, and the Archivist of the United States.
       (3) The map and legal description referred to in paragraph 
     (2) shall have the same force and effect as if they were 
     included in this Act. The Secretary may correct clerical and 
     typographical errors in the map and legal description.

              TITLE II--TRANSPORTATION AND STATE RELATIONS

     SEC. 201. MULTI-PURPOSE CANISTERS.

       The Secretary shall design one or more multi-purpose 
     canister systems capable of holding spent nuclear fuel during 
     interim 
     [[Page S499]] storage, transportation, and disposal. The 
     Secretary shall apply to the Commission to certify such 
     systems for the storage and transportation of spent nuclear 
     fuel. The Secretary
      is authorized to procure such systems in quantities 
     necessary for the transportation, storage, and disposal of 
     spent nuclear fuel as part of the integrated nuclear waste 
     management system established under this Act. The 
     Secretary is authorized to deploy such systems to holders 
     of spent fuel disposal contracts under section 302.

     SEC. 202. RAILROAD.

       (a) Authorization.--The Secretary shall acquire rights of 
     way within the corridor designated in subsection (b) and 
     shall construct and operate, or cause to be constructed and 
     operated, a railroad and such facilities as are required to 
     transport spent nuclear fuel and high-level radioactive waste 
     from existing rail systems to the interim storage facility 
     and the repository.
       (b) Route Designation.--(1) The Secretary shall acquire 
     such rights of way and develop such facilities within the 
     corridor depicted on the map      .
       (2) Within 30 days after the date of the enactment of this 
     Act, the Secretary shall--
       (A) publish in the Federal Register a notice containing a 
     legal description of the corridor; and
       (B) file copies of the map described in paragraph (1) and 
     the legal description of the corridor with the Congress, the 
     Secretary of the Interior, the Governor of Nevada, and the 
     Archivist of the United States.
       (3) The map and legal description referred to in paragraph 
     (2) shall have the same force and effect as if they were 
     included in this Act. The Secretary may correct clerical and 
     typographical errors in the map and legal description.
       (c) Withdrawal and Reservation.--(1) The public lands 
     depicted on such map are withdrawn from all forms of entry, 
     appropriation, and disposal under the public land laws, 
     including without limitation and mineral leasing laws, the 
     geothermal laws, the material sale laws, and the mining laws.
       (2) Jurisdiction of such land is transferred from the 
     Secretary of the Interior to the Secretary of Energy.
       (3) Such lands are reserved for the use of the Secretary 
     for the construction and operation of such transportation 
     facilities and activities associated under this title.
       (4) The lands depicted in the map that are within the Quail 
     Springs Wilderness Study and the Nellis A, B, and C 
     Wilderness Study Areas are released from further review and 
     management under section 603 of the Federal Land Policy and 
     Management Act (43 U.S.C. 1782). Such lands shall be managed 
     in accordance with this Act, notwithstanding any contrary 
     provisions of Federal, State, or local statutes, laws, 
     regulations, ordinances, or orders.
       (d) Environmental Impact Statement.--(1) Construction and 
     operation of transportation facilities within the corridor 
     shall constitute a major federal action significantly 
     affecting the quality of the human environment for purposes 
     of the National Environmental Policy Act of 1969 (42 U.S.C. 
     431 et seq.) The Secretary shall prepare an environmental 
     impact statement on the construction and operation of such 
     facilities prior to commencement of construction. In 
     preparing such statement, the Secretary shall adopt, to the 
     extent practicable. relevant environmental reports that have 
     been developed by other Federal and State agencies.
       (2) For purposes of complying with the requirements of the 
     National Environmental Policy Act of 1969 and this section, 
     the Secretary need not consider the need for the development 
     or improvement of transportation facilities, alternative 
     routes, or alternative means of transportation.
       (3) Acquisition of rights of way within the corridor shall 
     not constitute a major federal action significantly affecting 
     the quality of the human environment for purposes of the 
     National Environmental Policy Act of 1969 and shall not be 
     delayed pending completion of the environmental impact 
     statement required under paragraph (1).
       (e) Exemption.--Neither the Secretary nor any person 
     constructing railroad facilities under contract with the 
     Secretary under this section shall be considered a rail 
     carrier within the meaning of the Interstate Commerce Act (49 
     U.S.C. 10102 (19)) and shall not be subject to the 
     jurisdiction of the Interstate Commerce Commission under 49 
     U.S.C. 10901.

     SEC. 203. TRANSPORTATION REQUIREMENTS.

       (a) Package Certification.--No spent nuclear fuel or high-
     level radioactive waste may be transported by or for the
      Secretary under this Act except in packages that have been 
     certified for such purposes by the Commission.
       (b) State Notification.--The Secretary shall abide by 
     regulations of the Commission regarding advance notification 
     of State and local governments prior to transportation of 
     spent nuclear fuel or high-level radioactive waste under this 
     Act.
       (c) Technical Assistance.--The Secretary shall provide 
     technical assistance and funds to States for training for 
     public safety officials of appropriate units of local 
     government and Indian tribes through whose jurisdiction the 
     Secretary plans to transport substantial amounts of spent 
     nuclear fuel or high-level radioactive waste under this Act. 
     Training shall cover procedures required for safe routine 
     transportation of these materials, as well as procedures for 
     dealing with emergency response situations. The Secretary's 
     duty to provide technical and financial assistance under this 
     subsection shall be limited to amounts specified in annual 
     appropriations from the Waste Fund for such purpose.
       (d) Use of Private Carriers.--The Secretary, in providing 
     for the transportation of spent nuclear fuel under this Act, 
     shall utilize by contract private industry to the fullest 
     extent possible in each aspect of such transportation. The 
     Secretary shall use direct federal services for such 
     transportation only upon a determination of the Secretary of 
     Transportation, in consultation with the Secretary, that 
     private industry is unable or unwilling to provide such 
     transportation services at a reasonable cost.

     SEC. 204. STATE CONSULTATION AND ASSISTANCE.

       (a) Provision of Information.--(1) The Secretary, the 
     Commission, and other agencies involved in the construction, 
     operation, or regulation of any aspect of the interim storage 
     facility or repository shall provide to the Governor and 
     legislature of Nevada timely and complete information 
     regarding determinations or plans made with respect to the 
     site characterization, siting, development, design, 
     licensing, construction, operation, regulation, or 
     decommissioning of the interim storage facility and 
     repository.
       (2) Upon written request for information by the Governor or 
     legislature, the Secretary shall provide a written response 
     to such request within 30 days of the receipt of such 
     request. Such response shall provide the information 
     requested or, in the alternative, the reasons why the 
     information cannot be so provided.
       (b) Consultation and Cooperation.--In performing any study 
     of the Yucca Mountain site for the purpose of determining the 
     suitability of the site for a repository, in developing and 
     operating the interim storage facility, and in developing and 
     loading the repository, the Secretary shall consult and 
     cooperate with the Governor and legislature of Nevada in an 
     effort to resolve the concerns of the State regarding the 
     public health and safety, environmental, and economic impacts 
     of the interim storage facility or repository. In carrying 
     out her duties under this title, the Secretary shall take 
     such concerns into account to the maximum extent feasible.
       (c) Financial Assistance.--(1)(A) The Secretary shall make 
     grants to the State of Nevada and any affected unit of local 
     government for purpose of participating in activities 
     required by this section. Any salary or travel expense that 
     would ordinarily be incurred by such State or affected unit 
     of local government, may not be considered eligible for 
     funding under this paragraph.
       (B) The Secretary shall make grants to the State of Nevada 
     and any affected unit of local government for purposes of 
     enabling the State or affected unit of local government--
       (i) to review activities taken under this title with 
     respect to the Yucca Mountain site for purposes of 
     determining any potential economic, social, public health and 
     safety, and environmental impacts of the interim storage 
     facility or repository on the State or affected unit of local 
     government and its residents;
       (ii) to develop a request for impact assistance under 
     paragraph (2);
       (iii) to engage in any monitoring, testing, or evaluation 
     activities with respect to site characterization programs 
     with regard to such site;
       (iv) to provide information to Nevada residents regarding 
     any activities of such state, the Secretary, or the 
     Commission with respect to such site; and
       (v) to request information from, and make comments and 
     recommendations to, the Secretary regarding such activities 
     taken under this subtitle with respect to such site.
       (C) Any salary or travel expense that would ordinarily be 
     incurred by the State of Nevada or any affected unit of local 
     government may not be considered eligible for funding under 
     this paragraph.
       (2)(A)(i) The Secretary shall provide financial and 
     technical assistance to the State of Nevada and any affected 
     unit of local government requesting such assistance.
       (ii) Such assistance shall be designed to mitigate the 
     impact on the State or affected unit of local government of 
     the development of the interim storage facility or repository 
     and the characterization of such site.
       (iii) Such assistance to the State or affected unit of 
     local government shall commence upon the initiation of site 
     characterization activities.
       (B) The State of Nevada and any affected unit of local 
     government may request assistance under this subsection by 
     preparing and submitting to the Secretary a report on the 
     economic, social, public health and safety, and environmental 
     impacts that are likely to result from site characterization 
     activities at the Yucca Mountain site.
       (C) As soon as practicable, the Secretary shall seek to 
     enter into a binding agreement with the State of Nevada 
     setting forth--
       (i) the amount of assistance to be provided under this 
     subsection to such state or affected unit of local 
     government; and
       (ii) the procedures to be followed in providing such 
     assistance.
       (3)(A) In addition to financial assistance provided under 
     paragraph (1) and (2), the Secretary shall grant to the State 
     of Nevada and any affected unit of local government an amount 
     each fiscal year equal to the amount 
     [[Page S500]] the State or affected unit of local government, 
     respectively, would receive if authorized to tax site 
     characterization activities at such site, the development and 
     operation of the interim storage facility, and the 
     development and operation of the repository, as the State or 
     affected unit of local government taxes the non-federal real 
     property and industrial activities occurring within the State 
     or affected unit of local government.
       (B) Such grants shall continue until such time as the 
     respective activities, development, and operation are 
     terminated at such site.
       (4)(A) The State of Nevada or any affected unit of local 
     government may not receive--
       (i) any grant with respect to the interim storage facility 
     under paragraph (1) after the expiration of the one-year 
     period following the date on which the Commission disapproves 
     an application for a license to store high-level radioactive 
     waste and spent nuclear fuel at the site; or
       (ii) any grant with respect to the site characterization 
     activities or construction of the repository under paragraph 
     (1) after the expiration of the one-year period following the 
     earlier of--
       (I) the date on which the Secretary notifies the Governor 
     and legislature of the State of Nevada of the termination of 
     site characterization activities at the Yucca Mountain site; 
     or
       (II) the date on which the Commission disapproves an 
     application for a construction authorization for a repository 
     at such site.
       (B) The State of Nevada or any affected unit of local 
     government may not receive any further assistance under 
     paragraph (2)--
       (i) with respect to the interim storage facility if 
     construction or operation of the interim storage facility are 
     terminated by the Secretary or if such activities are 
     permanently enjoined by any court; or
       (ii) with respect to the repository if repository 
     construction activities or site characterization activities 
     are terminated by the Secretary or if such activities are 
     permanently enjoined by any court.
       (C) At the end of the 2-year period beginning on the 
     effective date of any license under section 102(c), no 
     federal funds, shall be made available to the State of Nevada 
     or affected unit of local government under paragraph (1) or 
     (2), except for
      such funds as may be necessary to support State activities 
     pursuant to agreements or contracts for impact assistance 
     entered into under paragraph (2) by the State with the 
     Secretary during such 2-year period.
       (5) Financial assistance authorized in this subsection 
     shall be made out of amounts held in the Waste Fund.

     SEC. 205. PREEMPTION.

       (a) In General.--The Secretary shall be subject to and 
     comply with all Federal, State, and local environmental or 
     land use laws, requirements, or orders of general 
     applicability, including those requiring permits or 
     reporting, or those setting standards, criteria, or 
     limitation.
       (b) Exemption.--(1) Notwithstanding subsection (a), the 
     President shall exempt the Secretary from any Federal, State, 
     or local requirement (including any law, regulation, or order 
     requiring any license, permit, certification, authorization, 
     or approval, or setting any standard, criterion, or 
     limitation) if the President determines, in his discretion, 
     that--
       (A) issuance of the required licensed, permit, 
     certification, authorization, or approval is being 
     unreasonably delayed or denied;
       (B) the requirement is not based on credible scientific 
     data, is not generally applicable, or was adopted by formal 
     means; or
       (C) the cost of complying with the law, requirement, or 
     order unreasonably exceeds the benefit to the public health 
     and safety or the environment.
       (2) In the event the President makes a determination under 
     paragraph (1) with respect to any State requirement 
     (including any requirement of any agency or subdivision of 
     the State) and further determines, in his discretion, that 
     such requirement was imposed for the purpose of delaying or 
     obstructing construction or operation of the interim storage 
     facility, repository, or associated facilities under this 
     Act, the President may exempt the Secretary from all State 
     requirements under this subsection or such portion thereof as 
     the President determines necessary.

                  TITLE III--FUNDING AND ORGANIZATION

     SEC. 301. BUDGET PRIORITIES.

       For purposes of preparing annual requests for 
     appropriations from the Waste Fund and allocating 
     appropriated funds among competing requirements, the 
     Secretary shall accord--
       (1) the licensing, construction, and operation of the 
     interim storage facility under section 101 the highest 
     priority;
       (2) the acquisition of rights of way and the construction 
     and operation of the railroad under section 202 the next 
     highest priority; and
       (3) the licensing, construction, and operation of the 
     repository under section 102 the lowest priority.

     SEC. 302. NUCLEAR WASTE FUND.

       (a) Contracts.--(1) In the performance of his functions 
     under this Act, the Secretary is authorized to enter into 
     contracts with any person who generates or holds title to 
     high-level radioactive waste, or spent nuclear fuel, of 
     domestic origin for the acceptance of title, subsequent 
     transportation, and disposal of such waste or spent fuel. 
     Such contracts shall provide for payment to the Secretary of 
     fees pursuant to paragraphs (2) and (3) sufficient to offset 
     expenditures described in subsection (d).
       (2) For electricity generated by a civilian nuclear power 
     reactor and sold on or after the date 90 days after January 
     7, 1983, the fee under paragraph (1) shall be equal to 1.0 
     mill per kilowatt-hour.
       (3) For spent nuclear fuel, or solidified high-level 
     radioactive waste derived from spent nuclear fuel, which fuel 
     was used to generate electricity in a civilian nuclear power 
     reactor prior to the application of the fee under paragraph 
     (2) to such reactor, the Secretary shall, not later than 90 
     days after January 7, 1983, establish a 1 time fee per 
     kilogram of heavy metal in spent nuclear fuel, or in 
     solidified high-level radioactive waste. Such fee shall be in 
     an amount equivalent to an average charge of 1.0 mill per 
     kilowatt-hour for electricity generated by such spend nuclear 
     fuel, or such solidified high-level radioactive waste derived 
     therefrom, to be collected from any person delivering such 
     spent nuclear fuel or high-level
      waste, pursuant to section 402, to the Federal Government. 
     Such fee shall be paid to the Treasury of the United 
     States and shall be deposited in the separate fund 
     established by subsection (c). In paying such a fee, the 
     person delivering spend fuel, or solidified high-level 
     radioactive wastes derived therefrom, to the Federal 
     Government shall have no further financial obligation to 
     the Federal Government for the long-term storage and 
     permanent disposal of such spent fuel, or the solidified 
     high-level radioactive waste derived therefrom.
       (4) Not later than 180 days after January 7, 1983, the 
     Secretary shall establish procedures for the collection and 
     payment of the fees establish by paragraph (2) and paragraph 
     (3). The Secretary shall annually review the amount of the 
     fees established by paragraphs (2) and (3) above to evaluate 
     whether collection of the fee will provide sufficient 
     revenues to offset the costs as defined in subsection (d) 
     herein. In the event the Secretary determines that either 
     insufficient or excess revenues are being collected, in order 
     to recover the costs incurred by the Federal Government that 
     are specified in subsection (d), the Secretary shall propose 
     an adjustment to the fee to ensure full cost recovery. The 
     Secretary shall immediately transit this proposal for such an 
     adjustment to Congress. The adjusted fee proposed by the 
     Secretary shall be effective after a period of 90 days of 
     continuous session have elapsed following the receipt of such 
     transmittal unless during such 90-day period either House of 
     Congress adopts a resolution disapproving their Secretary's 
     proposed adjustment in accordance with the procedures set 
     forth for congressional review of an energy action under 
     section 551 of the Energy Policy and Conservation Act.
       (5) Contracts entered into under this section shall provide 
     that--
       (A) following commencements of operation of a repository, 
     the Secretary shall take title to the high-level radioactive 
     waste or spent nuclear fuel involved as expeditiously as 
     practicable upon the request of the generator or owner of 
     such waste or spent fuel; and
       (B) in return for the payment of fees established by this 
     section, the Secretary, beginning not later than January 31, 
     1998, will dispose of the high-level radioactive waste or 
     spent nuclear fuel involved as provided in title I.
       (6) The Secretary shall establish in writing criteria 
     setting forth the terms and conditions under which such 
     disposal services shall be made available.
       (b) Advance Contracting Requirement.--(1)(A) The Commission 
     shall not issue or renew a license to any person to use a 
     utilization or production facility under the authority of 
     section 103 or 104 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2133, 2134) unless--
       (1) such person has entered into a contract with the 
     Secretary under this section; or
       (ii) the Secretary affirms in writing that such person is 
     actively and in good faith negotiating with the Secretary for 
     a contract under this section.
       (B) The Commission, as it deems necessary or appropriate, 
     may require as a precondition to the issuance or renewal of a 
     license under section 103 or 104 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2133, 2134) that the applicant for such 
     license shall have entered into an agreement with the 
     Secretary for the disposal of high-level radioactive waste 
     and spent nuclear fuel that may result from the use of such 
     license.
       (2) Except as provided in paragraph (1), no spent nuclear 
     fuel or high-level radioactive waste generated or owned by 
     any person (other than a department of the United States 
     referred to in section 101 or 102 of title 5, United States 
     Code) may be disposed of by the Secretary in any repository 
     constructed under this Act unless the generator or owner of 
     such spent fuel or waste has entered into a contract with the 
     Secretary under this section by not later than--
       (A) June 30, 1983; or
       (B) the date on which such generator or owner commences 
     generation of, or takes title to, such spent fuel or waste; 
     whichever occurs later.
       (3) The rights and duties of a party to a contract entered 
     into under this section may be assignable with transfer of 
     title to the spent nuclear fuel or high-level radioactive 
     waste involved.
       (4) No high-level radioactive waste or spent nuclear fuel 
     generated or owned by any department of the United States 
     referred to in 
     [[Page S501]] section 101 or 102 of title 5, United States 
     Code, may be disposed of by the Secretary in any repository 
     constructed under this Act unless such department transfers 
     to the Secretary, for deposit in the Nuclear Waste Fund, 
     amounts equivalent to the fees that would be paid to the 
     Secretary under the contracts referred to in this section if 
     such waste or spent fuel were generated by any other person.
       (c) Establishment of Nuclear Waste Fund.--There hereby is 
     established in the Treasury of the United States a separate 
     fund, to be known as the Nuclear Waste Fund. The Waste Fund 
     shall consist of--
       (1) all receipts, proceeds, and recoveries realized by the 
     Secretary under subsections (a),(b), and (e), which shall be 
     deposited in the Waste Fund immediately upon their 
     realization;
       (2) any appropriations made by the Congress to the Waste 
     Fund; and
  (3) any unexpended balances available on the date of the enactment of 
this Act for functions or activities necessary or incident to the 
disposal of civilian high-level radioactive waste or civilian spent 
nuclear fuel, which shall automatically be transferred to the Waste 
Fund on such date.
       (d) Use of Waste Fund.--The Secretary may make expenditures 
     from the Waste Fund, subject to subsection (e), only for 
     purposes of radioactive waste disposal activities under 
     titles I and II, including--
       (1) the identification, development, licensing, 
     construction, operation, decommissioning, and post-
     decommissioning maintenance and monitoring of the interim 
     storage facility or repository constructed under this Act;
       (2) the conducting of nongeneric research, development, and 
     demonstration activities under this Act;
       (3) the administrative cost of the radioactive waste 
     disposal program;
       (4) any costs that may be incurred by the Secretary in 
     connection with the transportation, treating, or packaging of 
     spent nuclear fuel or high-level radioactive waste to be 
     disposed of in the repository or to be stored in the interim 
     storage facility, including the cost of designing and 
     procuring multi-purpose canisters under section 201 and the 
     cost of constructing and operating rail systems under section 
     202;
       (5) the costs associated with acquisition, design, 
     modification, replacement, operation, and construction of 
     facilities at the repository of interim storage facility; and 
     necessary or incident to such repository or interim storage 
     facility; and
       (6) the provision of assistance to the State of Nevada, and 
     affected units of local government under section 204.
       (e) Administration of Waste Fund.--(1) The Secretary of the 
     Treasury shall hold the Waste Fund and, after consultation 
     with the Secretary, annually report to the Congress on the 
     financial condition and operations of the Waste Fund during 
     the preceding fiscal year.
       (2) The Secretary shall submit the budget of the Waste Fund 
     to the Office of Management and Budget triennially along with 
     the budget of the Department of Energy submitted at such time 
     in accordance with chapter 11 of title 31, United States 
     Code. The budget of the Waste Fund shall consist of the 
     estimates made by the Secretary of expenditures from the 
     Waste Fund and other relevant financial matters for the 
     succeeding 3 fiscal years, and shall be included in the 
     Budget of the United States Government. The Secretary may 
     make expenditures from the Waste Fund, subject to 
     appropriations which shall remain available until expended. 
     Appropriations shall be subject to triennial authorization.
       (3) If the Secretary determines that the Waste Fund 
     contains at any time amounts in excess of current needs, the 
     Secretary may request the Secretary of the Treasury to invest 
     such amounts, or any portion of such amounts as the Secretary 
     determines to be appropriate, in obligations of the United 
     States--
       (A) having maturities determined by the Secretary of the 
     Treasury to be appropriate to the needs of the Waste Fund; 
     and
       (B) bearing interest at rates determined to be appropriate 
     by the Secretary of the Treasury, taking into consideration 
     the current average market yield on outstanding marketable 
     obligations of the United States with remaining periods to 
     maturity comparable to the maturities of such investments, 
     except that the interest rate on such investments shall not 
     exceed the average interest rate applicable to existing 
     borrowings.
       (4) Receipts, proceeds, and recoveries realized by the 
     Secretary under this section, and expenditures of amounts 
     from the Waste Fund, shall be exempt from annual 
     apportionment under the provisions of subchapter II of 
     chapter 15 of title 31, United States Code.
       (5) If at any time the moneys available in the Waste Fund 
     are insufficient to enable the Secretary to discharge his 
     responsibilities under this subtitle, the Secretary shall 
     issue to the Secretary of the Treasury obligations in such 
     forms and denominations, bearing such maturities, and subject 
     to such terms and conditions as may be agreed to by the 
     Secretary and the Secretary of the Treasury. The total of 
     such obligations shall not exceed amounts provided in 
     appropriation Acts. Redemption of such obligations shall be 
     made by the Secretary from moneys available in the Waste 
     Fund. Such obligations shall bear interest at a rate 
     determined by the Secretary of the Treasury, which shall be 
     not less than a rate determined by taking into consideration 
     the average market yield on outstanding marketable 
     obligations of the United States of comparable maturities 
     during the month preceding the issuance of the obligations 
     under this paragraph. The Secretary of the Treasury shall 
     purchase any issued obligations, and for such purpose the 
     Secretary of the Treasury is authorized to use as a public 
     debt transaction the proceeds from the sale of any securities 
     issued under chapter 31 of title 31, United States Code, and 
     the purposes for which securities may be issued under such 
     Act are extended to include any purchase of such obligations. 
     The Secretary of the Treasury may at any time sell any of the 
     obligations acquired by him under this paragraph. All 
     redemptions, purchases, and sales by the Secretary of the 
     Treasury of obligations under this paragraph shall be treated 
     as public debt transactions of the United States.
       (6) Any appropriations made available to the Waste Fund for 
     any purpose described in subsection (d) shall be repaid into 
     the general fund of the Treasury, together with interest from 
     the date of availability of the appropriations until the date 
     of repayment. Such interest shall be paid on the cumulative 
     amount of appropriations available to the Waste Fund, less 
     the average undisbursed cash balance in the Waste Fund 
     account during the fiscal year involved. The rate of such 
     interest shall be determined by the Secretary of the Treasury 
     taking into
      consideration the average market yield during the month 
     preceding each fiscal year on outstanding marketable 
     obligations of the United States of comparable maturity. 
     Interest payments may be deferred with the approval of the 
     Secretary of the Treasury, but any interest payments so 
     deferred shall themselves bear interest.

     SEC. 303. BUDGET TREATMENT.

       (a) Scorekeeping.--Notwithstanding any other provision of 
     law, the receipts and disbursements of the Waste Fund for 
     each fiscal year beginning after the date of the enactment of 
     this Act shall be deemed to be equal to the amount of 
     receipts and disbursements in fiscal year 1995 for purposes 
     of--
       (1) the budget of the United States Government as submitted 
     by the President;
       (2) the congressional budget for the United States 
     Government; and
       (3) the Balanced Budget and Emergency Deficit Control Act 
     of 1985.
       (b) Sequestration.--Any disbursement from the Waste Fund 
     shall be exempt from reduction under any order issued under 
     part C of the Balanced Budget and Emergency Deficit Control 
     Act of 1985.
       (c) Appropriations.--Any disbursement from the Waste Fund 
     shall be subject to appropriations but shall be included in 
     the discretionary spending limits as set forth in section 601 
     of the Congressional Budget and Impoundment Control Act of 
     1974 in any fiscal year beginning after the date of the 
     enactment of this Act only to the extent that funds were 
     appropriated from the Waste Fund in fiscal year 1995.

     SEC. 304. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

       (a) Establishment.--There hereby is established within the 
     Department of Energy an Office of Civilian Radioactive Waste 
     Management. 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, and who shall be compensated at 
     the rate payable for level III of the Executive Schedule 
     under section 5315 of title 5, United States Code.
       (b) Functions of Director.--The Director of the Office 
     shall be responsible for carrying out the functions of the 
     Secretary under this Act, subject to the general supervision 
     of the Secretary. The Director of the Office shall be 
     directly responsible to the Secretary.
       (c) Annual Report to Congress.--The Director of the Office 
     shall annually prepare and submit to the Congress a 
     comprehensive report on the activities and expenditures of 
     the Office.

     SEC. 305. DEFENSE CONTRIBUTION.

       (a) Allocation.--The Secretary shall determine the 
     appropriate portion of the cost of managing high-level 
     radioactive waste and spent nuclear fuel under this Act 
     allocable to the permanent disposal of high-level radioactive 
     waste from atomic energy defense activities. In addition to 
     any request for an appropriation from the Waste Fund under 
     section 302, the Secretary shall request annual 
     appropriations from general revenues in amounts sufficient to 
     pay the full cost of the permanent disposal of high-level 
     radioactive waste from atomic energy defense activities in 
     the repository.
       (b) Authorization.--There is authorized to be appropriated 
     to the Secretary, from general revenues, for carrying out the 
     purposes of this Act, such sums as may be necessary to pay 
     the full cost of the permanent disposal of high-level 
     radioactive waste from atomic energy defense activities.

             TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS

     SEC. 401. NRC REGULATIONS.

       Nothing in this Act shall be read to repeal or require the 
     amendment or repromulgation of Commission regulations of the 
     Commission in effect on the date of enactment of this Act 
     except to the extent such regulations are inconsistent with 
     the provisions of this Act.
      [[Page S502]] SEC. 402. JUDICIAL REVIEW OF AGENCY ACTIONS.

       (a) Jurisdiction of United States Courts of Appeals.--(1) 
     Except for review in the Supreme Court of the United States, 
     the United States courts of appeals shall have original and 
     exclusive jurisdiction over any civil action--
       (A) for review of any final decision or action of the 
     Secretary, the President, or the Commission under this Act;
       (B) alleging the failure of the Secretary, the President, 
     or the Commission to make any decision, or take any action, 
     required under this Act;
       (C) challenging the constitutionality of any decision made, 
     or action taken, under any provision of this Act; or
       (D) for review of any environmental impact statement 
     prepared or environmental assessment pursuant to the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     with respect to any action under this Act or alleging a 
     failure to prepare such statement with respect to any such 
     action.
       (2) The venue of any proceeding under this section shall be 
     in the judicial circuit in which the petitioner involved 
     resides or has its principal office, or in the United States 
     Court of Appeals for the District of Columbia.
       (b) Deadline for Commencing Action.--A civil action for 
     judicial review described under subsection (a)(1) may be 
     brought not later than the 180th day after the date of the 
     decision or action or failure to act involved, as the case 
     may be, except that if a party shows that he did not know of 
     the decision or action complained of (or of the failure to 
     act), and that a reasonable person acting under the 
     circumstances would not have known, such party may bring a 
     civil action not later than the 180th day after the ate such 
     party acquired actual or constructive knowledge or such 
     decision, action, or failure to act.

     SEC. 403. TITLE TO MATERIAL.

       Delivery, and acceptance by the Secretary, or any high-
     level radioactive waste or spent nuclear fuel for the interim 
     storage facility or repository shall constitute a transfer to 
     the Secretary of title to such waste or spent fuel.

     SEC. 404. LICENSING OF FACILITY EXPANSIONS AND 
                   TRANSSHIPMENTS.

       (a) Oral Argument.--In any Commission hearing under section 
     189 of the Atomic Energy Act of 1954 (42 U.S.C. 2239) on an 
     application for a license, or for an amendment to an existing 
     license, filed after January 7, 1983, to expand the spent 
     nuclear fuel storage capacity at the site of a civilian 
     nuclear power reactor, through the use of high-density fuel 
     storage racks, fuel rod compaction, the transshipment of 
     spent nuclear fuel to another civilian nuclear power reactor 
     within the same utility system, the construction of 
     additional spent nuclear fuel pool capacity or dry storage 
     capacity, or by other means, the Commission shall, at the 
     request of any party, provide an opportunity for oral 
     argument with respect to any matter which the Commission 
     determines to be in controversy among the parties. The oral 
     argument shall be preceded by such discovery procedures as 
     the rules of the Commission shall provide. The Commission 
     shall require each party, including the Commission staff, to 
     submit in written form, at the time of the oral argument, a 
     summary of the facts, data, and arguments upon which such 
     party proposes to rely that are known at such time to such 
     party. Only facts and data in the form of sworn testimony or 
     written submission may be relied upon by the parties during 
     oral argument. Of the materials that may be submitted by the 
     parties during oral argument, the Commission shall only 
     consider those facts and data that are submitted in the form 
     of sworn testimony or written submission.
       (b) Adjudicatory Hearing.--(1) At the conclusion of any 
     oral argument under subsection (a), the Commission shall 
     designate any disputed question of fact, together with any 
     remaining questions of law, for resolution in an adjudicatory 
     hearing only if it determines that--
       (A) there is a genuine and substantial dispute of fact 
     which can only be resolved with sufficient accuracy by the 
     introduction of evidence in an adjudicatory hearing; and
       (B) the decision of the Commission is likely to depend in 
     whole or in part on the resolution of such dispute.
       (2) In making a determination under this subsection, the 
     Commission--
       (A) shall designate in writing the specific facts that are 
     in genuine and substantial dispute, the reason why the 
     decision of the agency is likely to depend on the resolution 
     of such facts, and the reason why an adjudicatory hearing is 
     likely to resolve the dispute; and
       (B) shall not consider--
       (i) any issue relating to the design, construction, or 
     operation of any civilian nuclear power reactor already 
     licensed operate a such site, or any civilian nuclear power 
     reactor to which a construction permit has been granted at 
     such site, unless the Commission determines that any such 
     issue
      substantially affects the design, construction, or operation 
     of the facility or activity for which such license 
     application, authorization, or amendment is being 
     considered; or
       (ii) any siting or design issue fully considered and 
     decided by the Commission in connection with the issuance of 
     a construction permit or operating license for a civilian 
     nuclear power reactor at such site, unless (I) such issue 
     results from any revision of siting or design criteria by the 
     Commission following such decision; and (II) the Commission 
     determines that such issue substantially affects the design, 
     construction, or operation of the facility or activity for 
     which such license application, authorization, or amendment 
     is being considered.
       (3) The Provisions of paragraph (2)(B) shall apply only 
     with respect to licenses, authorizations, or amendments to 
     licenses or authorizations, applied for under the Atomic 
     Energy Act of 1954 (42 U.S.C. 2011 et seq.) before December 
     31, 2005.
       (4) The provisions of this section shall not apply to the 
     first application for a license or license amendment received 
     by the Commission to expand onsite spend fuel storage 
     capacity by the use of a new technology not previously 
     approved for use at any nuclear powerplant by the Commission.
       (c) Judicial Review.--No court shall hold unlawful or set 
     aside a decision of the Commission in any proceeding 
     described in subsection (a) because of a failure by the 
     Commission to use a particular procedure pursuant to this 
     section unless--
       (1) an objection to the procedure used was presented to the 
     Commission in a timely fashion or there are extraordinary 
     circumstances that excuse the failure to present a timely 
     objection; and
       (2) the court finds that such failure has precluded a fair 
     consideration and informed resolution of a significant issue 
     of the proceeding taken as a whole.

     SEC. 405. SITING A SECOND REPOSITORY.

       (a) Congressional Action Required.--The Secretary may not 
     conduct site-specific activities with respect to a second 
     repository unless Congress has specifically authorized and 
     appropriated funds for such activities.
       (b) Report.--The Secretary shall report to the President 
     and to Congress on or after January 1, 2007, but not later 
     than January 1, 2010, on the need for a second repository.

     SEC. 406. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE 
                   WASTE SITE CLOSURE.

       (a) Financial Arrangements.--(1) The Commission shall 
     establish by rule, regulation, or order, after public notice, 
     and in accordance with section 181 of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2231), such standards and instructions as 
     the Commission may deem necessary or desirable to ensure in 
     the case of each license for the disposal of low-level 
     radioactive waste that an adequate bond, surety, or other 
     financial arrangement (as determined by the Commission) will 
     be provided by a licensee to permit completion of all 
     requirements established by the Commission for the 
     decontamination, decommissioning, site closure, and 
     reclamation of sites, structures, and equipment used in 
     conjunction with such low-level radioactive waste. Such 
     financial arrangements shall be provided and approved by the 
     Commission, or, in the case of sites within the boundaries of 
     any agreement State under section 274 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2021), by the appropriate State or 
     State entity, prior to issuance of licenses for low-level 
     radioactive waste disposal or, in the case of licenses in 
     effect on January 7, 1983, prior to termination of such 
     licenses.
       (2) If the Commission determines that any long-term 
     maintenance or monitoring, or both, will be necessary at a 
     site described in paragraph (1), the Commission shall ensure 
     before termination of the license involved that the licensee 
     has made available such bonding, surety, or other financial 
     arrangements as may be necessary to ensure that any necessary 
     long-term maintenance or monitoring needed for such site will 
     be carried out by the person having title and custody for 
     such site following license termination.
       (b) Title and Custody.--(1) The Secretary shall have 
     authority to assume title and custody of low-level 
     radioactive waste and the land on which such waste is 
     disposed of, upon request of the owner of such waste and land 
     and following
      termination of the license issue by the Commission for such 
     disposal, if the Commission determines that--
       (A) the requirements of the Commission for site closure, 
     decommissioning, and decontamination have been met by the 
     licensee involved and that such licensee is in compliance 
     with the provisions of subsection (a);
       (B) such title and custody will be transferred to the 
     Secretary without cost to the Federal Government; and
       (C) Federal ownership and management of such site is 
     necessary or desirable in order to protect the public health 
     and safety, and the environment.
       (2) If the Secretary assumes title and custody of any such 
     waste and land under this subsection, the Secretary shall 
     maintain such waste and land in a manner that will protect 
     the public health and safety, and the environment.
       (c) Special Sites.--If the low-level radioactive waste 
     involved is the result of a licensed activity to recover 
     zirconium, hafnium, and rare earths from source material, the 
     Secretary, upon request of the owner of the site involved, 
     shall assume title and custody of such waste and the land on 
     which it is disposed when such site has been decontaminated 
     and stabilized in accordance with the requirements 
     established by the Commission and when such owner has made 
     adequate financial arrangements approved by the Commission 
     for the long-term maintenance and monitoring of such site.
      [[Page S503]] SEC. 407. NUCLEAR REGULATORY COMMISSION 
                   TRAINING AUTHORIZATION.

       The Commission is authorized and directed to promulgate 
     regulations, or other appropriate regulatory guidance, for 
     the training and qualifications of civilian nuclear 
     powerplant operators, supervisors, technicians, and other 
     appropriate operating personnel. Such regulations or guidance 
     shall establish simulator training requirements for 
     applicants for civilian nuclear powerplant operator licenses 
     and for operator requalification programs; requirements 
     governing Commission administration of requalification 
     examinations; requirements for operating tests at civilian 
     nuclear powerplant simulators, and instructional requirements 
     for civilian nuclear powerplant licensee personnel training 
     programs.

             TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD

     SEC. 501. DEFINITIONS.

       (1)The term ``Chairman'' means the Chairman of the Nuclear 
     Waste Technical Review Board.
       (2) The term ``Board'' means the Nuclear Waste Technical 
     Review Board established under section 502.

     SEC. 502. NUCLEAR WASTE TECHNICAL REVIEW BOARD.

       (a) Establishment.--There is established a Nuclear Waste 
     Technical Review Board that shall be an independent 
     establishment within the executive branch.
       (b) Members.--The Board shall consist of 11 members who 
     shall be appointed by the President not later than 90 days 
     after December 22, 1987, from among persons nominated by the 
     National Academy of Sciences in accordance with paragraph 
     (3).
       (2) The President shall designate a member of the Board to 
     serve as chairman.
       (3)(A) The National Academy of Sciences shall, not later 
     than 90 days after December 22, 1987, nominate not less than 
     22 persons for appointment to the Board from among persons 
     who meet the qualifications described in subparagraph (C).
       (B) The National Academy of Sciences shall nominate not 
     less than 2 persons to fill any vacancy on the Board from 
     among persons who meet the qualifications described in 
     subparagraph (C).
       (C)(i) Each person nominated for appointment to the Board 
     shall be--
       (I) eminent in a field of science or engineering, including 
     environmental sciences; and
       (II) selected solely on the basis of established records of 
     distinguished service.
       (ii) The membership of the Board shall be representatives 
     of the broad range of scientific and engineering disciplines 
     related to activities under this title.
       (iii) No person shall be nominated for appointment to the 
     Board who is an employee of--
       (I) the Department of Energy;
       (II) a national laboratory under contract with the 
     Department of Energy; or
       (III) an entity performing high-level radioactive waste or 
     spent nuclear fuel activities under contract with the 
     Department of Energy.
       (4) Any vacancy on the Board shall be filled by the 
     nomination and appointment process described in paragraph (1) 
     and (3).
       (5) Members of the Board shall be appointed for terms of 4 
     years, each such term to commence 120 days after December 22, 
     1987, except that of the 11 members first appointed to the 
     Board, 5 shall serve for 2 years and 6 shall serve for 4 
     years, to be designated by the President at the time of 
     appointment.

     SEC. 503. FUNCTIONS.

       The Board shall evaluate the technical and scientific 
     validity of activities undertaken by the Secretary after 
     December 22, 1987, including--
       (1) site characterization activities; and
       (2) activities relating to the packaging or transportation 
     of high-level radioactive waste or spent nuclear fuel.

     SEC. 504. INVESTIGATORY POWERS.

       (A) Hearings.--Upon request of the Chairman or a majority 
     of the member of the Board, the Board may hold such hearings, 
     sit and act at such times and places, take such testimony, 
     and receive such evidence, as the Board considers 
     appropriate. Any member of the Board may administer oaths or 
     affirmations to witnesses appearing before the Board.
       (b) Production of Documents.--(1) Upon the request of the 
     Chairman or a majority of the members of the Board, and 
     subject to existing law, the Secretary (or any contractor of 
     the Secretary) shall provide the Board with such records, 
     files, papers, data, or information as may be necessary to 
     respond to any inquiry of the Board under this title.
       (2) Subject to existing law, information obtainable under 
     paragraph (1) shall not be limited to final work products of 
     the Secretary, but shall include drafts of such products and 
     documentation of work in progress.

     SEC. 505. COMPENSATION OF MEMBERS.

       (A) In General.--Each member of the Board shall be paid at 
     the rate of pay payable for level III of the Executive 
     Schedule for each day (including travel time) such member is 
     engaged in the work of the Board.
       (b) Travel Expenses--Each member of the Board may receive 
     travel expenses, including per diem in lieu of subsidence, in 
     the same manner as is permitted under sections 5702 and 5703 
     of title 5, United States Code.

     SEC. 506. STAFF.

       (a) Clerical Staff.--Subject to paragraph (2), the Chairman 
     may appoint and fix the compensation of such clerical staff 
     as may be necessary to discharge the responsibilities of the 
     Board.
       (2) Clerical staff shall be appointed subject to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service, and shall be paid in 
     accordance with the provisions of chapter 51 and subchapter 
     III of chapter 3 of such title relating to classification and 
     General Schedule pay rates.
       (b) Professional Staff.--(1) Subject to paragraphs (2) and 
     (3), the Chairman may appoint and fix the compensation of 
     such professional staff as may be necessary to discharge the 
     responsibilities of the Board.
       (2) Not more than 10 professional staff members may be 
     appointed under this subsection.
       (3) Professional staff members 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 such title relating to 
     classification and General Schedule pay rates, except that no 
     individual so appointed may receive pay in excess of the 
     annual rate of basic pay payable for GS-18 of the General 
     Schedule.

     SEC. 507. SUPPORT SERVICES.

       (a) General Services.--To the extent permitted by law and 
     requested by the Chairman, the Administrator of General 
     Services shall provide the Board with necessary 
     administrative services, facilities, and support on a 
     reimbursable basis.
       (b) Accounting, Research, and Technology Assessment 
     Services--The Comptroller General, the Librarian of Congress, 
     and the Director of the Office of Technology Assessment 
     shall, to the extent permitted by law and subject to the 
     availability of
      funds, provide the Board with such facilities, support, 
     funds and services, including staff, as may be necessary 
     for the effective performance of the functions of the 
     Board.
       (c) Additional Support.--Upon the request of the Chairman, 
     the Board may secure directly from the head of any department 
     or agency of the United States information necessary to 
     enable it to carry out this title.
       (d) Mails.--The Board 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) Experts and Consultants.--Subject to such rules as may 
     be prescribed by the Board, the Chairman may procure 
     temporary and intermittent services under section 3109(b) of 
     title 5 of the United States Code, but at rates for 
     individuals not to exceed the daily equivalent of the maximum 
     annual rate of basic pay payable for GS-18 of the General 
     Schedule.

     SEC. 508. REPORT.

       The Board shall report not less than 2 times per year to 
     Congress and the Secretary its findings, conclusions, and 
     recommendations. The first such report shall be submitted not 
     later than 12 months after December 22, 1987.

     SEC. 509. AUTHORIZATION OF APPROPRIATIONS.

       Notwithstanding subsection (d) of section 302, and subject 
     to subsection (e) of such section, there are authorized to be 
     appropriated for expenditures from amounts in the Waste Fund 
     established in subsection (c) of such section such sums as 
     may be necessary to carry out the provisions of this title.

     SEC. 510. TERMINATION OF THE BOARD.

       The Board shall cease to exist not later than 1 year after 
     the date on which the Secretary begins disposal of high-level 
     radioactive waste or spent nuclear fuel in the 
     respository.
                                 ______

      By Mr. KENNEDY:
  S. 168. A bill to ensure individual and family security through 
health insurance coverage for all Americans; to the Committee on Labor 
and Human Resources.


            the affordable health care for all Americans act

  Mr. KENNEDY. Mr. President, the crisis in health care has not gone 
away, but hopefully the partisan gridlock that blocked action last year 
has. Our failure to enact comprehensive reform in 1994 guarantees that 
this crisis will worsen every year, until Congress finally has the 
courage to pass a genuine solution.
  Last year, despite the economic recovery, the number of Americans 
without health insurance increased by 1 million. This year, the number 
of uninsured is certain to increase again. The rise in national health 
spending was close to $100 billion last year, and total spending will 
top $1 trillion this year. The main reason the Federal deficit is 
soaring is that out-of-control health costs continue to drive up 
Medicare and Medicaid spending faster than anything else in the budget. 
No American family can be confident that the insurance protecting them 
today will be there for them tomorrow if serious illness strikes.
  Last year, we had the most extensive debate in the Nation's history 
on comprehensive reform. Committees in both the House and Senate 
reported out measures that met the two key tests of 
[[Page S504]] real reform--guaranteed health insurance for all 
Americans and control of health costs. For the first time, 
comprehensive reform legislation was debated on the floor of the U.S. 
Senate. In the end we were not successful in passing health reform, but 
the American people expect us to keep trying until we succeed.
  Today I am introducing new legislation to achieve the central goals 
of reform--the Affordable Health Care for All Americans Act. This 
legislation builds on what we accomplished in the last Congress, while 
responding to the criticisms of the various bills proposed.
  This legislation will guarantee every American comprehensive, 
affordable coverage, and it will control health care costs. All 
employers will be expected to contribute to the cost of coverage for 
their employees, except for mom and pop small businesses. Subsidies 
will be provided to help low-income workers and the unemployed. Costs 
will be controlled by market forces and by improved competition among 
insurers and providers, with tough backup premium limits in cases where 
competition fails.
  At the same time, the legislation responds to criticisms made in the 
last Congress that the bills reported by the committees tried to do too 
much and were excessively regulatory and bureaucratic. The legislation 
I am introducing today is one-third the length of the bill reported by 
the Labor and Human Resources Committee in the last Congress. It does 
not include proposals that are desirable but that can be considered 
more carefully on a separate legislative track. It eliminates most new 
boards and commissions, and it adopts, in large measure, the market 
reform and oversight structure included in last year's bipartisan 
mainstream proposal.
  This legislation will guarantee affordable, comprehensive health care 
for every citizen through a system of shared responsibility among 
individuals, businesses, and the Government. Employers are required to 
contribute to the cost of insurance for their employees and their 
families, and individuals are expected to contribute to the cost of 
their own coverage and the coverage of their dependents. Subsidies are 
provided for low-income workers and the unemployed.
  This measure also provides assistance to businesses for the cost of 
covering low-wage workers, with greater assistance for smaller, low-
wage businesses that have the most difficulty in affording a full 
contribution to the cost. In addition, small businesses with 10 workers
 or less and below average wages are exempt from the requirements, and 
special help is provided to assure affordability for the employees of 
these businesses. One hundred percent tax deductibility is provided for 
health insurance premiums paid by the self-employed. People who now 
rely on Medicaid for coverage of acute care services will participate 
in the same private health insurance system as all other Americans. 
Insurance reforms eliminate preexisting condition exclusion and provide 
guaranteed issue and renewability at affordable prices.

  Elderly Americans and disabled Americans will benefit from 
substantial provisions on long-term home care and community care. The 
bill closes the greatest current gap in Medicare by providing 
prescription drug coverage. It also establishes a new, voluntary 
program of insurance against the high cost of nursing home care. Such 
insurance will be available at a reasonable price to anyone 35 or 
older.
  The bill controls health care costs by improving the health care 
market. Reforms here will require insurers to complete by providing 
care more efficiently and effectively, rather than by trying to insure 
only those least likely to get sick. The bill relies primarily on 
competition to hold down spending, but it also recognizes that 
excessive inflation is deeply embedded in the health care system and 
that competition will work more quickly in some health care markets 
than others. A backup system of premium limits is included in case 
competition forces are ineffective in restraining inflation. A reform 
of medical malpractice is also included.
  Finally, the bill recognizes that an insurance card alone is not 
enough to assure access or protect quality. Increased funding is 
provided to assure the viability of the Nation's teaching hospitals, to 
expand access to care through community health centers and school 
health clinics, and to support biomedical research.
  The bill is financed without broad-based new taxes. The basic 
financing comes from premiums paid by individuals and businesses, as is 
the case today. The subsidies for low-income individuals and small 
businesses are financed by lower rates of increase and other savings in 
existing government health programs and by an increase in the cigarette 
tax.
  To respond to criticisms that the bills in the last Congress tried to 
do too much, the legislation focuses only on those aspects of last 
year's bills that are truly central to reform. Proposals that are 
desirable but less essential have been eliminated from the bill, such 
as those dealing with administrative simplification, privacy, health 
care fraud and abuse, new regulation of private long-term care 
insurance, and new remedies for disputes between insurance companies 
and individuals.
  Most important, this legislation eliminates much of what was 
criticized as excessive bureaucracy and regulation. A great deal of 
this criticism each disingenuous, but we have made a new effort to 
eliminate unnecessary burdens on individuals, businesses, and State 
governments. The insurance reform and oversight is based on the 
proposal developed by the bipartisan mainstream group. Most of the new 
board and commissions created in the earlier bills have been dropped, 
and essential functions given to existing agencies. The standard 
benefit package has been eliminated and replaced by a test of actuarial 
equivalency to the insurance program that protects most Members of 
Congress, with assurances of attention to high priority needs. 
Mandatory health alliances have been eliminated in favor of voluntary 
health insurance purchasing cooperatives, and the size of businesses 
required to participate in the community rating pool has been reduced 
to 100 employees or fewer.
  Obviously, this legislation will be modified as it moves through 
Congress. But I believe it builds effectively on the progress we made 
in the last 2 years, without sacrificing fundamental goals.
  All industrialized countries in the world except South Africa and the 
United States guarantee health care as a basic right for all citizens. 
The American people deserve the same health security, and it is time 
for Congress to provide it.
                                 ______

      By Mr. DASCHLE (for himself, Mr. Bingaman, Mr. Campbell, Mr. 
        Kerry, Mr. Reid, and Mr. Inouye):
  S. 170. A bill to amend the Public Health Service Act to provide a 
comprehensive program for the prevention of Fetal Alcohol Syndrome, and 
for other purposes; to the Committee on Labor and Human Resources.
                                 ______

      By Mr. DASCHLE (for himself, Mr. Simon, Mr. Kennedy, Mr. Kerry, 
        Mr. Reid, and Mr. Akaka):
  S. 171. A bill to amend title XIX of the Social Security Act to 
provide for coverage of alcoholism and drug dependency residential 
treatment services for pregnant women and certain family members under 
the Medicaid Program, and for other purposes; to the Committee on 
Finance.


      FETAL ALCOHOL SYNDROME AND FETAL ALCOHOL EFFECT LEGISLATION

  Mr. DASCHLE. Mr. President, today I am reintroducing the 
Comprehensive Fetal Alcohol Syndrome Prevention Act and the Medicaid 
Substance Abuse Treatment Act, legislation that will enhance our 
national effort to eliminate the tragic problem of Fetal Alcohol 
Syndrome [FAS] and the related condition known as Fetal Alcohol Effect 
[FAE].
  FAS-FAE constitute the leading cause of mental retardation in the 
United States today. Although both conditions are completely 
preventable simply by abstaining from the consumption of alcohol during 
pregnancy, many people unfortunately do not realize the dangers of 
drinking while pregnant. The Office for Substance Abuse Prevention 
estimates that as many as 66 percent of all women drink while they are 
pregnant, endangering their infants' health and putting them at risk of 
being born with FAS or FAE.
  [[Page S505]] Misconceptions about the impact of alcohol intake 
during pregnancy are not limited to the general public, however. Even 
some health care providers are unaware of the danger of drinking during 
pregnancy, and for many years it was widely held that moderate alcohol 
consumption during pregnancy was beneficial.
  There are approximately 5,000 children born each year in the United 
States with FAS. It is estimated that the incidence of FAS is as high 
as 1 per 100 in some Native American communities. The Centers for 
Disease Control and Prevention estimates that the lifetime cost of 
treating an individual with FAS is almost $1.4 million. The total cost 
in terms of health care and social services to treat all Americans with 
FAS is close to $1.6 billion each year. This is an extraordinary and 
unnecessary expense, given the fact that FAS is 100 percent 
preventable.
  The first step toward eliminating this devastating disease is raising 
the public's consciousness about FAS-FAE. Although great strides have 
been made in this regard, much more work remains to be done. The 
Comprehensive Fetal Alcohol Syndrome Prevention Act attempts to fill in 
the gaps in our current FAS-FAE prevention system. It contains four 
major components, representing the provisions of the original 
legislation that have not yet been enacted. These provisions include 
the initiaion of a coordinated education and public awareness campaign; 
increased support for basic and applied epidemiologic research into the 
causes, treatment and prevention of FAS-FAE; widespread dissemination 
of FAS-FAE diagnostic criteria; and the establishment of an interagency 
task force to coordinate the wide range of Federal efforts in combating 
FAS--FAE. I ask that a summary of the bill be inserted into the Record 
following the completion of my remarks.
  A prevention strategy cannot succeed in the absence of increased 
access to comprehensive treatment programs for pregnant addicted women 
so that women and their children can access care. Many pregnant 
substance abusers are denied treatment because facilities refuse to 
accept them, or the women cannot accept treatment because they lack 
adequate child care for their children while
 they receive treatment. In fact, many treatment programs specifically 
exclude pregnant women or women with children. To make matters worse, 
while Medicaid covers some services associated with substance abuse, 
like outpatient treatment and detoxification, it fails to cover 
residential treatment, which is considered by most health care 
professionals to be the most effective method of overcoming addiction.

  The Medicaid Substance Abuse Treatment Act would permit coverage of 
residential alcohol and drug treatment for pregnant women and certain 
family members under the Medicaid Program, thereby assuring a stable 
source of funding for States that wish to establish these programs. The 
bill has three primary objectives. First, it would facilitate the 
participation of pregnant women who are substance abusers in alcohol 
and drug treatment programs. Second, by increasing the availability of 
comprehensive and effective treatment programs for pregnant women and, 
thus, improving a woman's chances of bearing healthy children, it would 
help combat the serious and evergrowing problem of drug-impaired 
infants and children, many of whom are born with FAS and FAE. And, 
third, it would address the unique situation of pregnant addicted 
native American and Alaska Native women in Indian Health Service areas.
  Mr. President, the cost of prevention is substantially less than the 
downstream costs in money and human capital of caring for children and 
adults who have been impaired due to prenatal exposure to alcohol and 
drugs. These prevention and treatment services are an investment that 
yields substantial long-term dividends--both on a societal level, as 
welfare dependence by substance abusers and their children is reduced, 
and on an individual level, as mothers plagued by alcohol and drug 
addiction are given the means to heal, for themselves and their unborn 
children.
  FAS and FAE represent a national tragedy that reaches across economic 
and social boundaries. The demand for a comprehensive and determined 
response to this devastating problem is clear. I urge my colleagues to 
support these measures, and am hopeful that, with widespread support, 
we can enact this important legislation without delay. I ask unanimous 
consent that the full text of both bills and a summary be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                 S. 170

       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 Fetal Alcohol 
     Syndrome Prevention Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) Fetal Alcohol Syndrome is the leading known cause of 
     mental retardation, and it is 100 percent preventable;
       (2) each year, more than 5,000 infants are born in the 
     United States with Fetal Alcohol Syndrome, suffering 
     irreversible physical and mental damage;
       (3) thousands more infants are born each year with Fetal 
     Alcohol Effects, which are lesser, though still serious, 
     alcohol-related birth defects;
       (4) Fetal Alcohol Syndrome and Fetal Alcohol Effects are 
     national problems which can impact any child, family, or 
     community, but their threat to American Indians and Alaska 
     Natives is especially alarming;
       (5) in some American Indian communities, where alcohol 
     dependency rates reach 50 percent and above, the chances of a 
     newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol 
     Effects are 30 times greater than national averages;
       (6) in addition to the immeasurable toll on children and 
     their families, Fetal Alcohol Syndrome and Fetal Alcohol 
     Effects pose extraordinary financial costs to the Nation, 
     including the costs of health care, education, foster care, 
     job training, and general support services for affected 
     individuals;
       (7) as a reliable comparison, delivery and care costs are 
     four times greater for infants who were exposed to illicit 
     substances than for infants with no indication of substance 
     exposure, and over a lifetime, health care costs for one 
     Fetal Alcohol Syndrome child are estimated to be at least 
     $1,400,000;
       (8) researchers have determined that the possibility of 
     giving birth to a baby with Fetal Alcohol Syndrome or Fetal 
     Alcohol Effects increases in proportion to the amount and 
     frequency of alcohol consumed by a pregnant woman, and that 
     stopping alcohol consumption at any point in the pregnancy 
     reduces the risks and the emotional, physical, and mental 
     consequences of alcohol exposure to the baby; and
       (9) we know of no safe dose of alcohol during pregnancy, or 
     of any safe time to drink during pregnancy, thus, it is in 
     the best interest of the Nation for the Federal Government to 
     take an active role in encouraging all women to abstain from 
     alcohol consumption during pregnancy.

     SEC. 3. PURPOSE.

       It is the purpose of this Act to establish, within the 
     Department of Health and Human Services, a comprehensive 
     program to help prevent Fetal Alcohol Syndrome and Fetal 
     Alcohol Effects nationwide. Such program shall--
       (1) coordinate, support, and conduct basic and applied 
     epidemiologic research concerning Fetal Alcohol Syndrome and 
     Fetal Alcohol Effects;
       (2) coordinate, support, and conduct national, State, and 
     community-based public awareness, prevention, and education 
     programs on Fetal Alcohol Syndrome and Fetal Alcohol Effects; 
     and
       (3) foster coordination among all Federal agencies that 
     conduct or support Fetal Alcohol Syndrome and Fetal Alcohol 
     Effects research, programs, and surveillance and otherwise 
     meet the general needs of populations actually or potentially 
     impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects.

     SEC. 4. ESTABLISHMENT OF PROGRAM.

       Title III of the Public Health Service Act (42 U.S.C. 241 
     et seq.) is amended by adding at the end thereof the 
     following new part:

          ``PART O--FETAL ALCOHOL SYNDROME PREVENTION PROGRAM

     ``SEC. 399G. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME 
                   PREVENTION PROGRAM.

       ``(a) Fetal Alcohol Syndrome Prevention Program.--The 
     Secretary shall establish a comprehensive Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects prevention program that 
     shall include--
       ``(1) an education and public awareness program to--
       ``(A) support, conduct, and evaluate the effectiveness of--
       ``(i) training programs concerning the prevention, 
     diagnosis, and treatment of Fetal Alcohol Syndrome and Fetal 
     Alcohol Effects;
       ``(ii) prevention and education programs, including school 
     health education and school-based clinic programs for school-
     age children, concerning Fetal Alcohol Syndrome and Fetal 
     Alcohol Effects; and
       ``(iii) public and community awareness programs concerning 
     Fetal Alcohol Syndrome and Fetal Alcohol Effects;
     [[Page S506]]   ``(B) provide technical and consultative 
     assistance to States, Indian tribal governments, local 
     governments, scientific and academic institutions, and 
     nonprofit organizations concerning the programs referred to 
     in subparagraph (A); and
       ``(C) award grants to, and enter into cooperative 
     agreements and contracts with, States, Indian tribal 
     governments, local governments, scientific and academic 
     institutions, and nonprofit organizations for the purpose 
     of--
       ``(i) evaluating the effectiveness, with particular 
     emphasis on the cultural competency and age-appropriateness, 
     of programs referred to in subparagraph (A);
       ``(ii) providing training in the prevention, diagnosis, and 
     treatment of Fetal Alcohol Syndrome and Fetal Alcohol 
     Effects;
       ``(iii) educating school-age children, including pregnant 
     and high-risk youth, concerning Fetal Alcohol Syndrome and 
     Fetal Alcohol Effects, with priority given to programs that 
     are part of a sequential, comprehensive school health 
     education program; and
       ``(iv) increasing public and community awareness concerning 
     Fetal Alcohol Syndrome and Fetal Alcohol Effects through 
     culturally competent projects, programs, and campaigns, and 
     improving the understanding of the general public and 
     targeted groups concerning the most effective intervention 
     methods to prevent fetal exposure to alcohol;
       ``(2) an applied epidemiologic research and prevention 
     program to--
       ``(A) support and conduct research on the causes, 
     mechanisms, diagnostic methods, treatment, and prevention of 
     Fetal Alcohol Syndrome and Fetal Alcohol Effects;
       ``(B) provide technical and consultative assistance and 
     training to States, Tribal governments, local governments, 
     scientific and academic institutions, and nonprofit 
     organizations engaged in the conduct of--
       ``(i) Fetal Alcohol Syndrome prevention and early 
     intervention programs; and
       ``(ii) research relating to the causes, mechanisms, 
     diagnosis methods, treatment, and prevention of Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects; and
       ``(C) award grants to, and enter into cooperative 
     agreements and contracts with, States, Indian tribal 
     governments, local governments, scientific and academic 
     institutions, and nonprofit organizations for the purpose 
     of--
       ``(i) conducting innovative demonstration and evaluation 
     projects designed to determine effective strategies, 
     including community-based prevention programs and 
     multicultural education campaigns, for preventing and 
     intervening in fetal exposure to alcohol;
       ``(ii) improving and coordinating the surveillance and 
     ongoing assessment methods implemented by such entities and 
     the Federal Government with respect to Fetal Alcohol Syndrome 
     and Fetal Alcohol Effects;
       ``(iii) developing and evaluating effective age-appropriate 
     and culturally competent prevention programs for children, 
     adolescents, and adults identified as being at-risk of 
     becoming chemically dependent on alcohol and associated with 
     or developing Fetal Alcohol Syndrome and Fetal Alcohol 
     Effects; and
       ``(iv) facilitating coordination and collaboration among 
     Federal, State, local government, Indian tribal, and 
     community-based Fetal Alcohol Syndrome prevention programs;
       ``(3) a basic research program to support and conduct basic 
     research on services and effective prevention treatments and 
     interventions for pregnant alcohol-dependent women and 
     individuals with Fetal Alcohol Syndrome and Fetal Alcohol 
     Effects;
       ``(4) a procedure for disseminating the Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects diagnostic criteria 
     developed pursuant to section 705 of the ADAMHA 
     Reorganization Act (42 U.S.C. 485n note) to health care 
     providers, educators, social workers, child welfare workers, 
     and other individuals; and
       ``(5) the establishment, in accordance with subsection (b), 
     of an interagency task force on Fetal Alcohol Syndrome and 
     Fetal Alcohol Effects to foster coordination among all 
     Federal agencies that conduct or support Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects research, programs, and 
     surveillance, and otherwise meet the general needs of 
     populations actually or potentially impacted by Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects.
       ``(b) Interagency Task Force.--
       ``(1) Membership.--The Task Force established pursuant to 
     paragraph (5) of subsection (a) shall--
       ``(A) be chaired by the Secretary or a designee of the 
     Secretary, and staffed by the Administration; and
       ``(B) include representatives from all relevant agencies 
     and offices within the Department of Health and Human 
     Services, the Department of Agriculture, the Department of 
     Education, the Department of Defense, the Department of the 
     Interior, the Department of Justice, the Department of 
     Veterans Affairs, the Bureau of Alcohol, Tobacco and 
     Firearms, the Federal Trade Commission, and any other 
     relevant Federal agency.
       ``(2) Functions.--The Task Force shall--
       ``(A) coordinate all Federal programs and research 
     concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects, 
     including programs that--
       ``(i) target individuals, families, and populations 
     identified as being at risk of acquiring Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects; and
       ``(ii) provide health, education, treatment, and social 
     services to infants, children, and adults with Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects;
       ``(B) coordinate its efforts with existing Department of 
     Health and Human Services task forces on substance abuse 
     prevention and maternal and child health; and
       ``(C) report on a biennial basis to the Secretary and 
     relevant committees of Congress on the current and planned 
     activities of the participating agencies.

     ``SEC. 399H. ELIGIBILITY.

       ``To be eligible to receive a grant, or enter into a 
     cooperative agreement or contract under this part, an entity 
     shall--
       ``(1) be a State, Indian tribal government, local 
     government, scientific or academic institution, or nonprofit 
     organization; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may prescribe, including a description of the 
     activities that the entity intends to carry out using amounts 
     received under this part.

     ``SEC. 399I. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part, such sums as are necessary for each of the fiscal years 
     1995 through 1998.''.
                                                                    ____

                                 S. 171

       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 ``Medicaid Substance Abuse 
     Treatment Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) a woman's ability to bear healthy children is 
     threatened by the consequences of alcoholism and drug 
     addiction;
       (2) an estimated 375,000 infants each year are born drug-
     exposed, at least 5,000 infants are born each year with fetal 
     alcohol syndrome, and another 35,000 are born each year with 
     fetal alcohol effect, a less severe version of fetal alcohol 
     syndrome;
       (3) drug use during pregnancy can result in low 
     birthweight, physical deformities, mental retardation, 
     learning disabilities, and heightened nervousness and 
     irritability in newborns;
       (4) fetal alcohol syndrome is the leading identifiable 
     cause of mental retardation in the United States and the only 
     cause that is 100 percent preventable;
       (5) drug-impaired individuals pose extraordinary societal 
     costs in terms of medical, educational, foster care, 
     residential, and support services over the lifetimes of such 
     individuals;
       (6) women, in general, are underrepresented in drug and 
     alcohol treatment programs;
       (7) due to fears among service providers concerning the 
     risks pregnancies pose, pregnant women face more obstacles to 
     substance abuse treatment than do other addicts and many 
     substance abuse treatment programs, in fact, exclude pregnant 
     women or women with children;
       (8) alcohol and drug treatment is an important prevention 
     strategy to prevent low birthweight, transmission of AIDS, 
     and chronic physical, mental, and emotional disabilities 
     associated with prenatal exposure to alcohol and other drugs;
       (9) effective substance abuse treatment must address the 
     special needs of pregnant women who are alcohol or drug 
     dependent, including substance-abusing women who may often 
     face such problems as domestic violence, incest and other 
     sexual abuse, poor housing, poverty, unemployment, lack of 
     education and job skills, lack of access to health care, 
     emotional problems, chemical dependency in their family 
     backgrounds, single parenthood, and the need to ensure child 
     care for existing children while undergoing substance abuse 
     treatment;
       (10) nonhospital residential treatment is an important 
     component of comprehensive and effective substance abuse 
     treatment for pregnant addicted women, many of whom need 
     long-term, intensive habilitation outside of their 
     communities to recover from their addiction and take care of 
     themselves and their families; and
       (11) a gap exists under the medicaid program for the 
     financing of comprehensive residential care in the existing 
     continuum of medicaid-covered alcoholism and drug abuse 
     treatment services for low-income pregnant addicted women.
       (b) Purposes.--The purposes of this Act are--
       (1) to increase the ability of pregnant women who are 
     substance abusers to participate in alcohol and drug 
     treatment;
       (2) to ensure the availability of comprehensive and 
     effective treatment programs for pregnant women, thus 
     promoting a woman's ability to bear healthy children;
       (3) to ensure that nonhospital residential treatment is 
     available to those low-income pregnant addicted women who 
     need long-term, intensive habilitation to recover from their 
     addiction;
       (4) to create a new optional medicaid residential treatment 
     service for alcoholism and drug dependency treatment; and
       (5) to define the core services that must be provided by 
     treatment providers to ensure 
     [[Page S507]] that needed services will be available and 
     appropriate.

     SEC. 3. MEDICAID COVERAGE OF ALCOHOLISM AND DRUG DEPENDENCY 
                   RESIDENTIAL TREATMENT SERVICES FOR PREGNANT 
                   WOMEN, CARETAKER PARENTS, AND THEIR CHILDREN.

       (a) Coverage of Alcoholism and Drug Dependency Residential 
     Treatment Services.--
       (1) Optional coverage.--Section 1905 of the Social Security 
     Act (42 U.S.C. 1396d) is amended--
       (A) in subsection (a)--
       (i) by striking ``and'' at the end of paragraph (21);
       (ii) in paragraph (24), by striking the period at the end 
     and inserting a semicolon;
       (iii) by redesignating paragraphs (22), (23), and (24) as 
     paragraphs (25), (22), and (23), respectively, and by 
     transferring and inserting paragraph (25) after paragraph 
     (23), as so redesignated; and
       (iv) by inserting after paragraph (23) the following new 
     paragraph:
       ``(24) alcoholism and drug dependency residential treatment 
     services (to the extent allowed and as defined in section 
     1931); and''; and
       (B) in the sentence following paragraph (25), as so 
     redesignated--
       (i) in subdivision (A), by striking ``or'' at the end;
       (ii) in subdivision (B), by inserting ``, who is not 
     receiving alcoholism and drug dependency residential 
     treatment services,'' after ``65 years of age''; and
       (iii) by inserting after subdivision (B) the following:
       ``(C) any such payments with respect to alcoholism and drug 
     dependency residential treatment services under paragraph 
     (24) for individuals not described in section 1931(d).''.
       (2) Alcoholism and drug dependency residential treatment 
     services defined.--Title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) is amended by adding at the end the 
     following new section:


    ``ALCOHOLISM AND DRUG DEPENDENCY RESIDENTIAL TREATMENT SERVICES

       ``Sec. 1931. (a) Alcoholism and Drug Dependency Residential 
     Treatment Services.--The term `alcoholism and drug dependency 
     residential treatment services' means all the required 
     services described in subsection (b) which are provided--
       ``(1) in a coordinated manner by a residential treatment 
     facility that meets the requirements of subsection (c) either 
     directly or through arrangements with--
       ``(A) public and nonprofit private entities;
       ``(B) licensed practitioners or federally qualified health 
     centers with respect to medical services; or
       ``(C) the Indian Health Service or a tribal or Indian 
     organization that has entered into a contract with the 
     Secretary under section 102 of the Indian Self-Determination 
     Act (25 U.S.C. 450f) or section 502 of the Indian Health Care 
     Improvement Act (25 U.S.C. 1652) with respect to such 
     services provided to women eligible to receive services in 
     Indian Health Facilities; and
       ``(2) pursuant to a written individualized treatment plan 
     prepared for each individual, which plan--
       ``(A) states specific objectives necessary to meet the 
     individual's needs;
       ``(B) describes the services to be provided to the 
     individual to achieve those objectives;
       ``(C) is established in consultation with the individual;
       ``(D) is periodically reviewed and (as appropriate) revised 
     by the staff of the facility in consultation with the 
     individual;
       ``(E) reflects the preferences of the individual; and
       ``(F) is established in a manner which promotes the active 
     involvement of the individual in the development of the plan 
     and its objectives.
       ``(b) Required Services Defined.--
       ``(1) In general.--The required services described in this 
     subsection are as follows:
       ``(A) Counseling, addiction education, and treatment 
     provided on an individual, group, and family basis and 
     provided pursuant to individualized treatment plans, 
     including the opportunity for involvement in Alcoholics 
     Anonymous and Narcotics Anonymous.
       ``(B) Parenting skills training.
       ``(C) Education concerning prevention of HIV infection.
       ``(D) Assessment of each individual's need for domestic 
     violence counseling and sexual abuse counseling and provision 
     of such counseling where needed.
       ``(E) Room and board in a structured environment with on-
     site supervision 24 hours-a-day.
       ``(F) Therapeutic child care or counseling for children of 
     individuals in treatment.
       ``(G) Assisting parents in obtaining access to--
       ``(i) developmental services (to the extent available) for 
     their preschool children;
       ``(ii) public education for their school-age children, 
     including assistance in enrolling them in school; and
       ``(iii) public education for parents who have not completed 
     high school.
       ``(H) Facilitating access to prenatal and postpartum health 
     care for women, to pediatric health care for infants and 
     children, and to other health and social services where 
     appropriate and to the extent available, including services 
     under title V, services and nutritional supplements provided 
     under the special supplemental food program for women, 
     infants, and children (WIC) under section 17 of the Child 
     Nutrition Act of 1966, services provided by federally 
     qualified health centers, outpatient pediatric services, 
     well-baby care, and early and periodic screening, diagnostic, 
     and treatment services (as defined in section 1905(r)).
       ``(I) Ensuring supervision of children during times their 
     mother is in therapy or engaged in other necessary health or 
     rehabilitative activities, including facilitating access to 
     child care services under title IV and title XX.
       ``(J) Planning for and counseling to assist reentry into 
     society, including appropriate outpatient treatment and 
     counseling after discharge (which may be provided by the same 
     program, if available and appropriate) to assist in 
     preventing relapses, assistance in obtaining suitable 
     affordable housing and employment upon discharge, and 
     referrals to appropriate educational, vocational, and other 
     employment-related programs (to the extent available).
       ``(K) Continuing specialized training for staff in the 
     special needs of residents and their children, designed to 
     enable such staff to stay abreast of the latest and most 
     effective treatment techniques.
       ``(2) Requirement for certain services.--Services under 
     subparagraphs (A), (B), (C), and (D), of paragraph (1) shall 
     be provided in a cultural context that is appropriate to the 
     individuals and in a manner that ensures that the individuals 
     can communicate effectively, either directly or through 
     interpreters, with persons providing services.
       ``(3) Limitations on coverage.--
       ``(A) In general.--Subject to subparagraph (B), services 
     described in paragraph (1) shall be covered in the amount, 
     duration, and scope therapeutically required for each 
     eligible individual in need of such services.
       ``(B) Restrictions on limiting coverage.--A State plan 
     shall not limit coverage of alcoholism and drug dependency 
     residential treatment services for any period of less than 12 
     months per individual, except in those instances where a 
     finding is made that such services are no longer 
     therapeutically necessary for an individual.
       ``(c) Facility Requirements.--The requirements of this 
     subsection with respect to a facility are as follows:
       ``(1) The agency designated by the chief executive officer 
     of the State to administer the State's alcohol and drug abuse 
     prevention and treatment activities and programs has 
     certified to the single State agency under section 1902(a)(5) 
     that the facility--
       ``(A) is able to provide all the services described in 
     subsection (b) either directly or through arrangements with--
       ``(i) public and nonprofit private entities;
       ``(ii) licensed practitioners or federally qualified health 
     centers with respect to medical services; or
       ``(iii) the Indian Health Service or with a tribal or 
     Indian organization that has entered into a contract with the 
     Secretary under section 102 of the Indian Self-Determination 
     Act (25 U.S.C. 450f) or section 502 of the Indian Health Care 
     Improvement Act (25 U.S.C. 1652) with respect to such 
     services provided to women eligible to receive services in 
     Indian Health Facilities; and
       ``(B) except for Indian Health Facilities, meets all 
     applicable State licensure or certification requirements for 
     a facility of that type.
       ``(2)(A) The facility or a distinct part of the facility 
     provides room and board, except that--
       ``(i) subject to subparagraph (B), the facility shall have 
     no more than 40 beds; and
       ``(ii) subject to subparagraph (C), the facility shall not 
     be licensed as a hospital.
       ``(B) The single State agency may waive the bed limit under 
     subparagraph (A)(i) for one or more facilities subject to 
     review by the Secretary. Waivers, where granted, must be made 
     pursuant to standards and procedures set out in the State 
     plan and must require the facility seeking a waiver to 
     demonstrate that--
       ``(i) the facility will be able to maintain a therapeutic, 
     family-like environment;
       ``(ii) the facility can provide quality care in the 
     delivery of each of the services identified in subsection 
     (b);
       ``(iii) the size of the facility will be appropriate to the 
     surrounding community; and
       ``(iv) the development of smaller facilities is not 
     feasible in that geographic area.
       ``(C) The Secretary may waive the requirement under 
     subparagraph (A)(ii) that a facility not be a hospital, if 
     the Secretary finds that such facility is located in an 
     Indian Health Service area and that such facility is the only 
     or one of the only facilities available in such area to 
     provide services under this section.
       ``(3) With respect to a facility providing the services 
     described in subsection (b) to an individual eligible to 
     receive services in Indian Health Facilities, such a facility 
     demonstrates (as required by the Secretary) an ability to 
     meet the special needs of Indian and Native Alaskan women.
       ``(d) Eligible Individuals.--
       ``(1) In general.--A State plan shall limit coverage of 
     alcoholism and drug dependency residential treatment services 
     under section 1905(a)(24) to the following individuals 
     otherwise eligible for medical assistance under this title:
       ``(A) Women during pregnancy, and until the end of the 12th 
     month following the termination of the pregnancy.
       ``(B) Children of a woman described in subparagraph (A).
       ``(C) At the option of a State, a caretaker parent or 
     parents and children of such a parent.
     [[Page S508]]   ``(2) Initial assessment of eligible 
     individuals.--An initial assessment of eligible individuals 
     specified in paragraph (1) seeking alcoholism and drug 
     dependency residential treatment services shall be performed 
     by the agency designated by the chief executive officer of 
     the State to administer the State's alcohol and drug abuse 
     treatment activities (or its designee). Such assessment shall 
     determine whether such individuals are in need of alcoholism 
     or drug dependency treatment services and, if so, the 
     treatment setting (such as inpatient hospital, nonhospital 
     residential, or outpatient) that is most appropriate in 
     meeting such individual's health and therapeutic needs and 
     the needs of such individual's dependent children, if any.
       ``(e) Overall Cap on Medical Assistance and Allocation of 
     Beds.--
       ``(1) Total amount of services as medical assistance.--
       ``(A) In general.--The total amount of services provided 
     under this section as medical assistance for which payment 
     may be made available under section 1903 shall be limited to 
     the total number of beds allowed to be allocated for such 
     services in any given year as specified under subparagraph 
     (B).
       ``(B) Total number of beds.--The total number of beds 
     allowed to be allocated under this subparagraph (subject to 
     paragraph (2)(C)) for the furnishing of services under this 
     section and for which Federal medical assistance may be made 
     available under section 1903 is for calendar year--
       ``(i) 1995, 1,080 beds;
       ``(ii) 1996, 2,000 beds;
       ``(iii) 1997, 3,500 beds;
       ``(iv) 1998, 5,000 beds;
       ``(v) 1999, 6,000 beds; and
       ``(vi) 2000 and for calendar years thereafter, a number of 
     beds determined appropriate by the Secretary.
       ``(2) Allocation of beds.--
       ``(A) Initial allocation formula.--For each calendar year, 
     a State exercising the option to provide the services 
     described in this section shall be allocated from the total 
     number of beds available under paragraph (1)(B)--
       ``(i) in calendar years 1995 and 1996, 20 beds;
       ``(ii) in calendar years 1997, 1998, and 1999, 40 beds; and
       ``(iii) in calendar year 2000 and for each calendar year 
     thereafter, a number of beds determined based on a formula 
     (as provided by the Secretary) distributing beds to States on 
     the basis of the relative percentage of women of childbearing 
     age in a State.
       ``(B) Reallocation of beds.--The Secretary shall provide 
     that in allocating the number of beds made available to a 
     State for the furnishing of services under this section that, 
     to the extent not all States are exercising the option of 
     providing services under this section and there are beds 
     available that have not been allocated in a year as provided 
     in paragraph (1)(B), that such beds shall be reallocated 
     among States which are furnishing services under this section 
     based on a formula (as provided by the Secretary) 
     distributing beds to States on the basis of the relative 
     percentage of women of childbearing age in a State.
       ``(C) Indian health service areas.--In addition to the beds 
     allowed to be allocated under paragraph (1)(B) there shall be 
     an additional 20 beds allocated in any calendar year to 
     States for each Indian Health Service area within the State 
     to be utilized by Indian Health Facilities within such an 
     area and, to the extent such beds are not utilized by a 
     State, the beds shall be reapportioned to Indian Health 
     Service areas in other States.''.
       (3) Maintenance of state financial effort and 100 percent 
     federal matching for services for indian and native alaskan 
     women in indian health services areas.--Section 1903 of the 
     Social Security Act (42 U.S.C. 1396b) is amended by adding at 
     the end the following new subsections:
       ``(x) No payment shall be made to a State under this 
     section in a State fiscal year for alcoholism and drug 
     dependency residential treatment services (described in 
     section 1931) unless the State provides assurances 
     satisfactory to the Secretary that the State is maintaining 
     State expenditures for such services at a level that is not 
     less than the average annual level maintained by the State 
     for such services for the 2-year period preceding such fiscal 
     year.
       ``(y) Notwithstanding the preceding provisions of this 
     section, the Federal medical assistance percentage for 
     purposes of payment under this section for services described 
     in section 1931 provided to individuals residing on or 
     receiving services in an Indian Health Service area shall be 
     100 percent.''.
       (b) Payment on a Cost-Related Basis.--Section 1902(a)(13) 
     of the Social Security Act (42 U.S.C. 1396a(a)(13)) is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (E);
       (2) by adding ``and'' at the end of subparagraph (F); and
       (3) by adding at the end the following new subparagraph:
       ``(G) for payment for alcoholism and drug dependency 
     residential treatment services which the State finds, and 
     makes assurances satisfactory to the Secretary, are 
     reasonable and adequate to meet the costs which must be 
     incurred by efficiently and economically operated facilities 
     in order to provide all the services listed in section 
     1931(b) in conformity with applicable Federal and State laws, 
     regulations, and quality and safety standards and to assure 
     that individuals eligible for such services have reasonable 
     access to such services;''.
       (c) Conforming Amendments.--
       (1) Clarification of optional coverage for specified 
     individuals.--Section 1902(a)(10) of the Social Security Act 
     (42 U.S.C. 1396a(a)(10)) is amended, in the matter following 
     subparagraph (F)--
       (A) by striking ``; and (XI)'' and inserting ``, (XI)'';
       (B) by striking ``, and (XI)'' and inserting ``, and 
     (XII)''; and
       (C) by inserting before the semicolon at the end the 
     following: ``, and (XIII) the making available of alcoholism 
     and drug dependency residential treatment services to 
     individuals described in section 1931(d) shall not, by reason 
     of this paragraph, require the making of such services 
     available to other individuals''.
       (2) Continuation of eligibility for alcoholism and drug 
     dependency treatment for pregnant women for 12 months 
     following end of pregnancy.--Section 1902 of the Social 
     Security Act (42 U.S.C. 1396a) is amended in subsection 
     (e)(5) by striking ``under the plan,'' and all through the 
     period at the end and inserting ``under the plan--
       ``(A) as though she were pregnant, for all pregnancy-
     related and postpartum medical assistance under the plan, 
     through the end of the month in which the 60-day period 
     (beginning on the last day of her pregnancy) ends; and
       ``(B) for alcoholism and drug dependency residential 
     treatment services under section 1931 through the end of the 
     1-year period beginning on the last day of her pregnancy.''.
       (3) Redesignations.--Section 1902 of the Social Security 
     Act (42 U.S.C. 1396a) is further amended--
       (A) in subsection (a)(10)(C)(iv), by striking ``(21)'' and 
     inserting ``(24)''; and
       (B) in subsection (j), by striking ``(22)'' and inserting 
     ``(25)''.
       (d) Annual Education and Training in Indian Health Service 
     Areas.--The Secretary of Health and Human Services in 
     cooperation with the Indian Health Service shall conduct on 
     at least an annual basis training and education in each of 
     the 12 Indian Health Service areas for tribes, Indian 
     organizations, residential treatment providers, and State 
     health care workers regarding the availability and nature of 
     residential treatment services available in such areas under 
     the provisions of this Act.
       (e) Effective Date; Transition.--(1) The amendments made by 
     this section apply to alcoholism and drug dependency 
     residential treatment services furnished on or after July 1, 
     1995, without regard to whether or not final regulations to 
     carry out such amendments have been promulgated by such date.
       (2) The Secretary of Health and Human Services shall not 
     take any compliance, disallowance, penalty, or other 
     regulatory action against a State under title XIX of the 
     Social Security Act with regard to alcoholism and drug 
     dependency residential treatment services (as defined in 
     section 1931(a) of such Act) made available under such title 
     on or after July 1, 1995, before the date the Secretary 
     issues final regulations to carry out the amendments made by 
     this section, if the services are provided under its plan in 
     good faith compliance with such amendments.
                                                                    ____

          Comprehensive Fetal Alcohol Syndrome Prevention Act


                                summary

       This bill would establish a comprehensive program to FAS/
     FAE across the nation by filling in the gaps in our current 
     FAS/FAE prevention system. The program would:
       Coordinate and support national and targeted public 
     awareness, prevention and education programs on FAS/FAE.
       Coordinate and support applied epidemiologic research 
     concerning FAS/FAE.
       Disseminate FAS/FAE diagnostic criteria to health care and 
     social services providers.
       Foster coordination among all Federal agencies that conduct 
     or support FAS/FAE research.


                           four-part program

       The bill would create a program within the Department of 
     Health and Human Services (HHS) with four primary components:
     1. Education and public awareness
       Various agencies under HHS would be required to coordinate, 
     support and conduct national, State and community-based 
     public awareness and prevention programs on FAS/FAE. The bill 
     would authorize grants for State, local and other FAS/FAE 
     prevention programs.
     2. Applied epidemiologic research and prevention
       The bill would require various agencies under HHS to 
     conduct and support research (basic and applied 
     epidemiologic) on the cause, prevention and treatment of FAS/
     FAE. It would provide technical assistance to State, tribal 
     and local governments, as well as scientific and academic 
     institutions and other public entities, that are conducting 
     research on FAS/FAE or are engaged in prevention and early 
     intervention programs. Grants would be awarded to such 
     entities to assist in determining the most effective 
     strategies for prevention and intervention of fetal exposure 
     to alcohol.
     3. Diagnostic Criteria for FAS/FAE
       Various agencies under HHS would be required to widely 
     disseminate to health care and social services providers the 
     FAS/FAE diagnostic criteria developed pursuant to the ADAMHA 
     Reorganization Act.
     4. Inter-agency task force
       A large number of government agencies are concerned 
     directly or indirectly with FAS/ 
     [[Page S509]] FAE, but there is little coordination of these 
     programs. This bill would create an Inter-Agency Task Force 
     to coordinate federal efforts and report on an annual basis 
     to the Secretary of HHS and to relevant congressional 
     committees. The panel will include representatives from the 
     Departments of HHS, Agriculture, Education, Defense, 
     Interior, Justice, and Veterans Affairs; from the Bureau of 
     Alcohol, Tobacco and Firearms; from the Federal Trade 
     Commission; and from any other relevant Federal agency.

  Mr. BINGAMAN. Mr. President, I am pleased today to join the 
distinguished minority leader, Senator Daschle, in reintroducing the 
Comprehensive Fetal Alcohol Syndrome Prevention Act. Through this 
legislation, we are proposing a comprehensive, coordinated, national 
effort to prevent one of the leading causes of birth defects in this 
country: Fetal Alcohol Syndrome.
  The need for this legislation is well documented. Fetal Alcohol 
Syndrome [FAS] is the Nation's primary known cause of mental 
retardation; yet it is completely preventable. According to a 1993 
report issued by the Centers for Disease Control and Prevention, the 
number of reported FAS cases has tripled over the past decade. The CDC 
reports that in 1992, nearly 4 infants out of every 10,000 births were 
born with FAS, suffering irreversible physical and mental harm. In 
1979, the first year CDC collected information on the incidence of 
Fetal Alcohol Syndrome, it estimated the number of reported FAS cases 
at only 1 per 10,000 births. Adding to the extent of the problem are 
estimates which indicate that each year 10,000 to 12,000 infants are 
born with lesser, though still serious, alcohol-related birth defects 
known as Fetal Alcohol Effects [FAE].
  In my home State of New Mexico, the number of infants born with FAS 
has exceeded the national average for a number of years. Each year, 
more than 36 babies are born in New Mexico with FAS, and more than 80 
are born with FAE. Some experts believe our FAS rate has been 
consistently higher than the national average because our doctors, who 
have benefitted from a significant amount of State-based FAS research, 
are more familiar with its signs and symptoms.
  If this is true, then nationally the number of FAS and FAE births 
could be higher than today's estimates. In fact, the CDC believes this 
to be the case. According to Dr. David Erickson, the chief of the CDC's 
Birth Defects and Genetic Diseases branch, the new CDC count--which we 
need to remember is a threefold increase over the 1979 estimate--
probably is a substantial undercount. It is an undercount for a number 
of reasons, but chief among them is undoubtedly lack of awareness.
  Although the exact number of infants and families impacted by FAS and 
FAE is not entirely certain, there is no question that Fetal Alcohol 
Syndrome is a national problem. It can impact any child, any family, 
and any community. But I am especially troubled about the threat FAS 
poses to the Navajo, Apache, and Pueblo children and families in New 
Mexico and to American Indians throughout the Nation.
  New Mexico health officials estimate that the combined FAS rate for 
our State's 22 Indian Tribes is two to five times that of the national 
average. According to the Indian Health Service, the prevalence of FAS 
is significantly higher among American Indians and Alaska Natives than 
nationally. I have been told that in some American Indian and Alaska 
Native communities, as many as one in four newborns may be affected by 
FAS or FAE.
  Mr. President, the real tragedy of Fetal Alcohol Syndrome and Fetal 
Alcohol Effects is that both are completely preventable. Not one more 
infant would be born with FAS or FAE if every pregnancy was an alcohol-
free pregnancy. If we could get the message out that alcohol and 
pregnancy do not mix, if we could explain the compelling need for every 
mother to stay away from alcoholic beverages while she is pregnant, 
then we could eliminate this disease. The key is prevention through 
education.
  Prevention through education is the cornerstone of the Comprehensive 
Fetal Alcohol Syndrome Prevention Act. As I mentioned earlier, this 
bill will create a comprehensive, coordinated program within the 
Department of Health and Human Services to help prevent FAS and FAE. 
Specifically, this bill:
  Directs the Secretary of Health and Human Services to: coordinate and 
support national and targeted public awareness, prevention, and 
education programs on FAS-FAE; coordinate and support basic and applied 
epidemiologic research on FAS-FAE; assist states in establishing FAS-
FAE surveillance programs; focus efforts on the needs of at-risk 
populations, and American Indians and Alaska Natives in particular.
  Establishes an Inter-Agency Task Force on FAS-FAE: to coordinate all 
Federal agencies that conduct or support FAS-FAE research, programs, 
and surveillance or otherwise meet the general needs of populations 
actually or potentially impacted by FAS-FAE.
  I believe one of the most important provisions of this bill is the 
section that would help states and local communities develop targeted 
campaigns to increase public awareness of the symptoms and impact for 
preventing FAS and FAE. The central focus of every campaign will be 
clear, effective, and culturally-sensitive methods and messages for FAS 
and FAE prevention. Initially, Federal efforts will focus on the needs 
of at-risk populations, and in particular, American Indians and Alaska 
Natives.
  I urge my colleagues to study this legislation and lend it their 
support. As I mentioned earlier, FAS knows no boundaries. It can, and 
does, impact children and families in every State in this country. It 
is a problem so pervasive, yet so readily preventable, that it requires 
a broad-based, concerted, and coordinated effort for elimination.
  Existing FAS-FAE prevention programs need increased funding, and we 
need to work to make this happen. But money alone is not the answer. We 
need a firm commitment from the Federal Government, the States, local 
governments, Indian tribes, schools, community-based organizations, and 
families to assume responsibility and work together, in a coordinated 
manner, for the benefit of our children. If we have this commitment, we 
can improve the quality of life for children already afflicted with 
FAS, and we can put an end to this terrible, and 100-percent 
preventable, disease.
                                 ______

      By Mr. HEFLIN:
  S.J.Res. 13. A joint resolution proposing an amendment to the 
Constitution to provide for a balanced budget for the United States 
Government; to the Committee on the Judiciary.


            BALANCED FEDERAL BUDGET CONSTITUTIONAL AMENDMENT
  Mr. HEFLIN. Mr. President, as in morning business, I would like to 
introduce legislation to amend the U.S. Constitution to require the 
Federal Government to achieve and maintain a balanced budget. I have 
introduced in each Congress, at the beginning, a similar joint 
resolution during the time that I have served in the U.S. Senate. I 
might say that the first bill, or resolution--the first legislative act 
that I introduced when I came to the Senate was to introduce a bill for 
a constitutional amendment requiring a balanced Federal budget.
  I believe the opportunity to adopt this legislatively and to submit 
it to the States for ratification is now at hand. In 1982, the Senate 
debated it at great length and a vote was taken and there were 69 
votes. As Members of the Senate know, a constitutional amendment 
requiring a balanced budget requires a two-thirds vote. So there were 
two additional votes over the required number back in 1982. Since that 
time, we have had three votes in the Senate relative to the 
constitutional amendment requiring a balanced budget. One year there 
was one vote shy, which was 66 votes. And then on another occasion we 
got 63 votes.
  In each of the occasions in which the Senate has acted pertaining to 
the constitutional amendment requiring a balanced budget, the House has 
failed to pass it by the required two-thirds vote. But this time I 
believe the House will pass it. Regarding the last time when we got 63 
votes, I believe if the House had not acted before the Senate, the 
Senate would have voted the required two-thirds vote at that time. This 
measure has been around for a long time. It has narrowly missed its 
mark in the past, but I believe it will meet the mark of a two-thirds 
vote in the Senate and in the House this year.
  It is also particularly important that we go ahead and act now. 
Interest rates are going up. A major portion of the 
[[Page S510]] budget each year deals with debt service. If interest 
rates were to double, then you can see that the amount of money that 
will be required to pay debt service will be doubled also. And so it is 
important that we go ahead and act soon to provide the necessary fiscal 
discipline.
  It has been 33 years since the Government of the United States has 
operated on a balanced budget. Most of the States have provisions that 
require a balanced budget, and it provides the discipline which is 
needed relative to Government operations and fiscal restraint.
  So it is my pleasure again today to offer a bill or resolution which 
is quite similar to the resolutions which I am cosponsoring with other 
Senators, including Senator Hatch. I want to congratulate Senator Hatch 
on his leadership in moving forward. He has a hearing set today 
relative to resolutions requiring a balanced budget which has a group 
of very distinguished Americans, a lot of former Attorneys General, and 
others, who will be testifying at that particular time.
  So I think it is important that we move forward and we move forward 
as fast as we can. So I send to the desk at this time a resolution 
requiring it.
  Mr. President, the time has finally come to pass this legislation and 
send it to the States for ratification. This amendment is not a 
gimmick, nor is it chicanery; it is good common sense.
  Since I first came to the Senate in 1979, every Congress I have 
introduced legislation proposing a constitutional amendment to balance 
the Federal budget, and I have dedicated myself to many years of work 
with my colleagues to adopt a resolution which would authorize the 
submission to the States for ratification of a constitutional amendment 
to require a balanced budget.
  For much of our Nation's history, a balanced Federal budget was the 
status quo and part of our unwritten constitution. For our first 100 
years, this country carried a surplus budget, but in recent years this 
Nation's spending has gone out of control. Indeed, the fiscal 
irresponsibility demonstrated over the years has convinced me that 
constitutional discipline is the only way we can achieve the goal of 
reducing deficits.
  As you know, in 1982, the Senate did pass, by more than the required 
two-thirds vote, a constitutional amendment calling for a balanced 
budget. There were 69 votes in favor of it at that time. It was sent to 
the House of Representatives, where, in the House Judiciary Committee 
it was bottled up. The chairman would not allow it to come up for a 
committee vote, in order that it might be reported to the floor of the 
House of Representatives.
  In order to bring the measure up for a vote in the House of 
Representatives, it was necessary to file a discharge petition. This is 
a petition that has to be signed by more than a majority of the whole 
number of the House of Representatives, and then it is brought up and 
voted on without amendment. The Senate-passed amendment failed to 
obtain the necessary two-thirds vote that was required in the House of 
Representatives at that time.
  In the 99th Congress, after extensive debate, passage of a balanced 
budget amendment by the Senate failed by one vote--but got 66 votes. 
During the 101st Congress, I supported a measure which passed the 
Judiciary Committee, but it was never considered by the full Senate. In 
the 102d Congress, the Judiciary Committee favorably reported a bill, 
but since an amendment failed to pass the House by the necessary two-
thirds vote, this killed the possibility of favorable action by the 
Senate.
  In the 103d Congress, the Senate again narrowly defeated an 
amendment, which I cosponsored, by a vote of 63-37--only four votes 
short of the 67 votes needed for passage. If the recent elections tell 
us anything, it is that the American people want a leaner, more 
efficient Federal Government and a government that lives within its 
means.
  Mr. President, I hope the time has come to finally adopt this long-
overdue amendment and begin to move toward our goal of a balanced 
Federal budget.
  Section 1 of the amendment requires a three-fifths vote of each House 
of Congress before the Federal Government can engage in deficit 
spending. A 60-percent vote in the Senate is a very difficult one to 
obtain. This requirement should establish the norm that spending will 
not exceed receipts in any fiscal year. If the government is going to 
spend money, it should have the money on hand to pay its bills.
  Section 2 of the amendment requires a three-fifths vote by both 
Houses of Congress to raise the national debt. In addition to the 
three-fifths vote, Congress must provide ``by law'' for an increase in 
public debt. As I understand it, this means presentment to the 
President, where the President has the right to veto or sign. If the 
President chose to veto the bill, it would be returned to Congress for 
action to possibly override the veto. It is also important to note that 
section one, regarding the specific excess of outlays over receipts, 
contains this same requirement that Congress act ``by law.''
  Section 2 is important because it functions as an ``enforcement 
mechanism'' for the balanced budget amendment. While section 1 states 
outright that ``total outlays * * * shall not exceed total receipts'' 
without the three-fifths authorization by Congress, the judicial branch 
would lack the ability to order the legislative and executive branches 
to meet this obligation. Therefore, section 2 will require a three-
fifths vote to increase the national debt. This provision will increase 
the pressure to comply with the directive of this proposed 
constitutional amendment.
  Other than just being directory, the amendment, by way of section 2, 
has some teeth and that is what is so important if we are going to do 
away with deficit spending and operate so that we do not spend any more 
money than the amount coming into the government. That is what we are 
trying to achieve here.
  Section 3 provides for the submission by the President of a balanced 
budget to Congress. This section reflects the belief that sound fiscal 
planning should be a shared governmental responsibility by the 
President as well as the Congress.
  Section 4 of the amendment requires a majority vote of the whole 
number of each House of Congress any time Congress votes to increase 
revenues. This holds public officials responsible, and puts elected 
officials on record for any tax increase which may be necessary to 
support Federal spending.
  Section 5 of the amendment permits a waiver of the provisions for any 
fiscal year in which a declaration of war is in effect. This section 
also contains a provision long-supported by myself--that of allowing a 
waiver in cases of less than an outright declaration of war--where the 
United States is engaged in military conflict which causes an imminent 
and serious threat to national security, and is so declared by a joint 
resolution, which becomes law. Under this scenario, a majority of the 
whole number of each House of Congress may waive the requirements of a 
balanced budget amendment.
  I firmly believe that Congress should have the option to waive the 
requirement for a balanced budget in cases of less than an outright 
declaration of war. Looking back over the history of our Nation, we 
find that we have had only five declared wars: The War of 1812, the 
Mexican War, the Spanish-American War, the First World War, and the 
Second World War.
  The most recent encounters of the United States in armed conflict 
with enemies have been, of course, undeclared wars. We fought the Gulf 
war without a declaration of war. In addition, we fought both the 
Vietnam and Korean actions without declarations of war.
  This country can be faced with military emergencies which threaten 
our national security, without a formal declaration of war being in 
effect. Circumstances may arise in which Congress may need to spend 
significant amounts on national defense without a declaration of war. 
Congress and the President must be given the necessary flexibility to 
respond rapidly when a military emergency arises.
  The United States has engaged in only five declared wars, yet the 
United States has engaged in hostilities abroad which required no less 
commitment of human lives or American resources than declared wars. In 
fact, our Nation has been involved in approximately 200 instances in 
which the United States has used military forces abroad in situations 
of conflict. Not all of these would move Congress to seek a 
[[Page S511]] waiver of the requirement of a balanced budget, but 
Congress should have the constitutional flexibility to provide for our 
Nation's security.
  Section 6 of the amendment permits Congress to rely on estimates of 
outlays and receipts in the implementation and enforcement of the 
amendment by appropriate legislation.
  Section 7 of the amendment provides that total receipts shall include 
all receipts of the United States except those derived from borrowing. 
In addition, total outlays shall include all outlays of the United 
States except those for repayment of debt principal. This section is 
intended to better define the relevant amounts that must be balanced.
  Section 8 directs the amendment to take effect beginning with fiscal 
year 2002 or with the second fiscal year beginning after ratification, 
whichever is later. This section will thus allow Congress an adequate 
period of time to consider and adopt the necessary procedures to 
implement the amendment and to begin the job of actually balancing the 
Federal budget.
  Mr. President, the future of our Nation's economy is not a partisan 
issue. Furthermore, the problem of deficit spending cannot be blamed on 
one branch of government or one political party. Similarly, just as 
everyone must share part of the blame for our economic ills, everyone 
must be united in acting to attack the growing problem of deficit 
spending. I recognize that a balanced budget amendment will not cure 
our economic problems overnight, but it will act to change the course 
of our future and lead to responsible fiscal management by our national 
government.


                          ____________________