[Congressional Record Volume 141, Number 14 (Tuesday, January 24, 1995)]
[Senate]
[Pages S1442-S1456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. GRASSLEY (for himself, Mr. Roth, Mr. Dole, and Mr. Pryor):
S. 262. A bill to amend the Internal Revenue Code of 1986 to increase
and make permanent the deduction for health insurance costs of self-
employed individuals; to the Committee on Finance.
the self-employed healthcare deduction act of 1995
Mr. GRASSLEY. Mr. President, today, along with Senators Roth, Dole,
and Pryor, I am introducing a bill to restore and increase the health
care deduction for the self-employed.
Most of the major health care bills introduced in the last Congress
called for an increased extension of the 25-percent health insurance
deduction for the self-employed. There's a broad consensus that an
increased health insurance deduction would contribute to tax fairness
and would also lead to a significant reduction in the number of
uninsured Americans.
Unfortunately, as we all know, the self-employed health insurance
deduction expired on December 31, 1993, with the understanding that an
extension, and possible expansion, would be part of health care reform
in 1994. However, we all know what happened to President Clinton's
disastrous health care reform effort. And, unfortunately, the self-
employed deduction went down with it.
Mr. President, if the 25-percent deduction is not retroactively
reinstated, the self-employed will be hit with a sizeable tax increase.
Moreover, it would be a tax increase on predominantly middle-income
persons, since about 73 percent of those persons who pay self-
employment tax earn under $50,000 in adjusted gross income.
Mr. President, our bill will reinstate the 25-percent deduction for
the 1994 tax year, and then increase the deduction to 50 percent this
year, 75 percent next year, and 100 percent the year after.
Organizations as diverse as the Farm Bureau, the National Federation
of
[[Page S1443]] Independent Businesses, the Association for the Self-
Employed, and the National Restaurant Association support this
legislation.
I understand the House Ways and Means Committee will be holding a
hearing this Friday on restoring this deduction, at least for 1994. I
look forward to the Congress dealing with this problem in the near
future for 1994, and then expanding the deduction up to 100 percent for
future years.
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. 262
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PERMANENT EXTENSION AND INCREASE OF DEDUCTION FOR
HEALTH INSURANCE COSTS OF SELF-EMPLOYED
INDIVIDUALS.
(a) Deduction Made Permanent.--Section 162(l) of the
Internal Revenue Code of 1986 (relating to special rules for
health insurance costs of self-employed individuals) is
amended by striking paragraph (6).
(b) Increase in Deduction.--Section 162(l) of such Code, as
amended by subsection (a), is amended--
(1) by striking ``25 percent'' in paragraph (1) and
inserting ``the applicable percentage'', and
(2) by adding at the end of the following new paragraph:
``(6) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage shall be determined as
follows:
The applicable percentage is:n:
2594...................................................................
5095...................................................................
7596...................................................................
100.''nd thereafter....................................................
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1993.
______
By Mr. CAMPBELL:
S. 263. A bill to amend the Mineral Leasing Act to provide for
leasing of certain lands for oil and gas purposes; to the Committee on
Armed Services.
the mineral leasing act amendment act of 1995
Mr. CAMPBELL. Mr. President, trapped beneath the naval oil shale
reserves, two of which are located in Garfield County, CO, are billions
of cubic feet of natural gas. I am sending legislation to the desk that
will:
Allow the Department of the Interior and the Department of Energy to
work cooperatively to establish a program to competitively lease or
sell this resource;
Allow the Secretary of the Interior, acting through the Bureau of
Land Management, to manage the surface of these lands pursuant to the
Federal Land Policy and Management Act of 1976; and to require that a
royalty be paid to the Federal treasury.
Two Executive orders, in 1916 and 1924, withdrew public lands for the
purpose of establishing three naval oil shale reserves. The purpose of
the reserves was to ensure the military sufficient oil from the oil
shale in the event of a cutoff of oil supplies during a war.
Naval Oil Shale Reserve Nos. 1, 40,760 acres, and 3, 14,130 acres,
are located in northwest Colorado near Rifle, and Naval Oil Shale
Reserve No. 2, 90,400 acres, is in eastern Utah. Profitable development
of shale oil currently is considered to be decades away.
The reserves are owned by the Federal Government and are operated by
the Department of Energy [DOE]. Management of the reserves was
transferred from the Department of the Navy to the Department of Energy
by the Department of Energy Organization Act in 1977. The Department of
Energy has a cooperative agreement with the Bureau of Land Management
to manage the surface resources of the reserves.
Under the Naval Petroleum Reserves Production Act of 1976, the
Secretary of Energy has discretionary authority to undertake certain
activities, such as oil and gas development in the reserves, but only
as necessary to protect, conserve, maintain, or test the reserves.
Production for other purposes may take place only with the approval of
the President and Congress.
The reserves located in Colorado are situated on portions of three
large natural gas producing fields, the Parachute, Rulison, and Grand
Valley, and are estimated to contain substantial natural gas
hydrocarbons. There has been significant private natural gas drilling
and extraction activity on the southern border of the third reserve
since 1978. Since 1980, 277 private wells have been drilled contiguous
to the boundaries of reserve Nos. 1 and 2; and through fiscal year
1992, 89 commercial producing gas wells were drilled by private
industry within 1 mile of the boundary of the reserves.
The Department of Energy determined in 1983 that the potential
existed for drainage of natural gas from the reserves due to the
private development outside of the reserves. To prevent drainage of
public resources, the Department of Energy began a protection program,
drilling 35 offset and communitization wells. According to the
Department of Energy's Annual Report of Operations for Fiscal Year
1992, natural gas production between fiscal years 1977 and 1992 totaled
5.4 billion cubic feet. Revenues from the reserves totaled $5 million
between fiscal years 1977 and 1992; expenditures for the same period
totaled $24.8 million.
This legislation does not specify what royalty should be collected.
The royalty could be anywhere between 12.5 and 25 percent. The
Secretary will have the discretion to decide what that royalty should
be. There is no evidence, however, supporting a royalty rate at higher
than 20 percent. Leases outside the reserve that mandate a royalty
above this rate have not been executed. The royalty rate that is
eventually chosen should reflect fair market value. It should not be
set too high, discouraging development, nor too low, depriving the
Government of needed revenues.
It has clearly been Congress' intent to make oil and gas leasing a
profitable enterprise. It is time for the DOE to get out of the gas
producing business. The Vice President's Performance Review is seeking
to avoid duplication and save money. Requiring the DOE and the
Department of the Interior to cooperatively lease the resources of the
naval oil shale reserves will generate revenue, save money, help
private industry, enrich local governments, and protect the
environment.
______
By Mr. AKAKA:
S. 264. A bill to amend the Internal Revenue Code of 1986 to adjust
for inflation the dollar limitations on the dependent care credit; to
the Committee on Finance.
THE WORKING FAMILIES TAX RELIEF ACT OF 1995
Mr. AKAKA. Mr. President, today I am introducing legislation
to provide a measure of tax relief to working families throughout
America. My bill would restore value to the child and dependent care
credit by allowing an annual adjustment of the credit for inflation.
Mr. President, economic security is the paramount concern for
millions of American families. For the first time in our Nation's
history, living standards are not keeping pace with economic growth and
new job creation. Median family income, after almost two decades of
stagnation, is now declining. Many Americans are working harder and
longer to make ends meet for their families.
The availability and affordability of adequate child care is an
increasingly important consideration for many middle-income working
parents. Many families are forced to patch together a network of child
care providers to secure care for their children. My legislation
responds to the critical need for affordable, quality child-care
services without creating costly new Government programs or agencies.
It is a simple, flexible solution that will reestablish the full
benefit of the child and dependent care credit for millions of working
families.
The evidence in support of improving the child and dependent care
credit is clear. The number of single mothers working outside the home
has dramatically increased in recent years. More than 56 percent of all
mothers with children under 6 years work outside the home, and over 70
percent of women with children over age 6 are in the labor market.
The percentage of Hawaii households in which both parents work
outside the home is even higher than the national average. According to
projections developed by the Bank of Hawaii based on the 1990 census,
61.8 percent of all Hawaii families have both parents employed, and
71.3 percent of all households have at least two individuals in the
work force.
[[Page S1444]] The increased participation of single mothers in the
labor market and the large number of two-parent families in which both
parents work outside the home have made the dependent care credit one
of the most popular and productive tax incentives ever enacted by
Congress. Unfortunately, the value of the credit has declined
significantly over the years as inflation has slowly eroded the value
of this benefit. Measured in constant dollars, the maximum credit of
$2,400 has decreased in value by more than 45 percent since it was
enacted in 1981.
The maximum amount of employment-related child care expenses allowed
under current law--$2,400 for a single child, and $4,800 for two or
more children--has simply failed to keep pace with escalating care
costs. Unlike the earned income tax credit [EITC], the standard
deduction, the low-income housing credit, and a number of other
sections of our Tax Code, the dependent care credit is not adjusted for
inflation.
The purpose of this credit is to partially offset the expense of
dependent and child care services incurred by parents working outside
the home. While the cost of quality child care has increased as demand
exceeds supply, the dependent care credit has failed to keep up with
the spiraling costs. The bill I introduce today corrects this problem
by automatically adjusting the dependent and child care credit for
inflation. Under this legislation, both the dollar limit on the amount
creditable and the limitation on earned income would be adjusted
annually.
Mr. President, in the past 12 years, the average middle-class family
with children has seen its income fall 5 percent, almost $1,600 after
inflation. A family of four earning $35,000 a year has seen its tax
burden increase since 1981. In part, this is due to the diminished
value of the child and dependent care credit. In 1981, the flat credit
for dependent care was replaced with a scale to give the greatest
benefit of the credit to lower income working families. Since that
time, neither the adjusted gross income figures employed in the scale,
nor the limit on the amount of employment-related expenses used to
calculate the credit, has been adjusted for inflation. Our bill
provides a measure of much needed relief to working American families.
It would index the child and dependent care credit and restore the full
benefit of the credit.
The average cost for out of home child care exceeds $3,500 per child,
per year. Child care or dependent care expenses can seriously strain a
family's budget. This burden can become unbearable for single parents,
almost invariably single mothers, who must balance the need to work
with their parental responsibilities.
Numerous economic studies have shown that the economic policies of
the 1980's had a disastrous impact upon the incomes of middle-income
families. Inflation adjusted wages for the median worker fell 7.3
percent from 1979 to 1991. Working Americans have been losing ground in
their struggle to preserve their standard of living. To compensate,
American families have been forced to work longer hours, deplete their
life savings, and go deeper into debt. There is an urgent need to enact
changes in our Tax Code that are pro-family and pro-children. The
Working Families Tax Relief Act meets both of these goals.
Mr. President, I ask unanimous consent that the text of the bill be
included in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 264
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 ``Working Families Tax Relief
Act''.
SEC. 2. INFLATION ADJUSTMENT OF DEPENDENT CARE CREDIT.
(a) In General.--Subsection (e) of section 21 of the
Internal Revenue Code of 1986 (relating to expenses for
household and dependent care services necessary for gainful
employment) is amended by adding at the end the following new
paragraph:
``(10) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 1995, each dollar
amount contained in subsections (c) and (d)(2) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, by substituting `calendar year 1994' for
`calendar year 1992' in subparagraph (B) thereof.''
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31,
1995.
______
By Mr. DOMENICI (for himself and Mr. Bingaman):
S. 265. A bill to amend the San Juan Basin Wilderness Protection Act
of 1984 to designate additional lands as wilderness and to establish
the Fossil Research Natural Area, and for other purposes; to the
Committee on Energy and Natural Resources.
the bisti and de-na-zin wilderness expansion and fossil forest
protection act
Mr. DOMENICI. Mr. President, I introduce legislation that will
amend the San Juan Wilderness Protection Act of 1984. This legislation
will combine two existing wilderness areas in New Mexico, designate
additional lands as wilderness, and establish the Fossil Forest
Research Natural Area.
In December 1991, approximately 10,750 acres between the Bisti and
the De-Na-Zin Wilderness Areas were transferred by exchange to the
Bureau of Land Management, with the Bureau of Indian Affairs acting in
trust for the Navajo Nation. These newly acquired lands are immediately
adjacent to the existing boundaries of the Bisti and De-Na-Zin
Wilderness areas and are of high wilderness quality. The area appears
to have been affected primarily by the forces of nature with the
imprint of human activity substantially unnoticeable.
The acquired lands are included in the approximately 16,674 acres
that will be designated by this legislation as wilderness, and join the
Bisti and De-Na-Zin into one wilderness area. This bill includes
additional lands that will require further exchanges with the State of
New Mexico and the Navajo Tribe. Both parties indicate that they are
willing to enter into agreements to consummate the exchange of lands.
The joining of the Bisti and De-Na-Zin Wilderness Areas will enhance
the wilderness experience for visitors and help ensure continued
protection of this resource for future generations of Americans. The
two wilderness areas previously designated and the expansion area will
be combined into one wilderness area with more manageable boundaries.
The joint wilderness area will include a large, striking, and open
natural landscape.
The scenic badlands that dominate this area provide an outstanding
opportunity for solitude as well as activities such as hiking,
backpacking, photography and geological sightseeing in an unconfined
and primitive environment. The badlands topography of the expanded area
naturally bridge the two wilderness areas into one picturesque expanse
with a variety of rich colors and landform.
The establishment of the Fossil Forest Research Natural Area, named
for the abundant petrified tree stumps and logs which lie exposed on
its surface, provide a wealth of data and fossil material that are
found within the Fossil Forest. Many of these stumps are preserved in
place with root systems still intact. Four major dinosaur bone quarries
and several microvertebrate and invertebrate localities have been
excavated over the past decade, including a critically important
Cretaceous Age--75 million years ago--mammal quarry. The occurrence of
this diverse assemblage of fossil fauna and flora provides a unique
opportunity to peek through a small window of time, 70 to 80 million
years ago, to examine an important episode of geological and biological
change.
Mr. President, I urge the Senate to move rapidly on this important
legislation in an effort to enhance the National Wilderness
Preservation System and to conserve a unique paleontological area that
represents an important period of time and space in our country's
natural history.
______
By Mr. AKAKA:
S. 266. A bill to amend the Employee Retirement Income Security Act
of 1974 with respect to the preemption of the Hawaii Prepaid Health
Care Act, and for other purposes; to the Committee on Labor and Human
Resources.
THE HAWAII PREPAID HEALTH CARE EXEMPTION ACT
Mr. AKAKA. Mr. President, I reintroduce legislation to exclude
the Hawaii
[[Page S1445]] Prepaid Health Care Act from the Employee Retirement
Income Security Act of 1974, known as ERISA.
As we have witnessed during the opening weeks of the session,
reinventing Government will be a major legislative theme for the 104th
Congress. In the months ahead, Congress will examine unnecessary
restrictions that the Federal Government imposes on States.
Hawaii's experience with ERISA is an excellent example of a Federal
restriction that should be curtailed so the State can improve access to
affordable health care. ERISA is the major constraint on Hawaii's
ability to improve health care coverage. My bill would give the State
the flexibility it needs to find creative and cost-effective ways of
delivering high-quality health care.
Ensuring that all Americans will have access to affordable health
care is the most profound challenge facing our country. As the cost of
providing care is growing at an alarming rate, the number of uninsured
or underinsured individuals continues to rise.
State governments have a major stake in financing and providing
health care. A growing portion of State budgets are devoted to health
care. But budgetary problems are not the only constraints facing the
States. Federal laws and regulations often conspire to make health care
more expensive or less universal. A case in point is the State of
Hawaii's experience with the Hawaii Prepaid Health Care Act and ERISA.
In 1974, Hawaii became the first State to require employers and
employees to share responsibility for the cost of health insurance when
it enacted the Prepaid Health Care Act [PPHCA]. By dramatically
reducing the number of uninsured, this measure allowed Hawaii to
implement a system of near-universal health care coverage.
In a 1980 decision, the Ninth Circuit Court of Appeals held that
ERISA preempts the State from enacting minimum health care requirements
for employers governed by ERISA. The court determined that in the
absence of an expressed exemption for the Hawaii statute, Federal law
governs. The U.S. Supreme Court affirmed the lower court ruling, and
concluded that relief could come only from Congress.
Soon thereafter, I sponsored legislation to grant an exemption for
the Hawaii statute. After considerable congressional debate, a limited
ERISA exemption was signed into law on January 14, 1983. However, the
exemption was not prospective, and only permitted Hawaii to require the
specific benefits set forth in the State's 1974 statute.
An unfortunate consequence of these events is that the Hawaii Prepaid
Health Care Act has been frozen in time, and the State is prevented
from making changes other than those that would enhance effective
administration.
In recognition of Hawaii's determined effort to provide universal
health care, my bill would exempt the State's prepaid health care act
from restrictions contained in ERISA. Such an exemption would give
Hawaii greater flexibility to improve both the quality and scope of
health coverage for working men and women and their families. Among
other things, the State could reevaluate the employer-employee cost
sharing levels, examine the feasibility of requiring dependent
coverage, and explore measures to assist businesses in providing health
benefits.
Since 1974, Hawaii has had a mandated employer health benefits
program, the first and only one of its kind in the United States.
Nearly all of Hawaii's employers are required to provide employee
health insurance, with the employee paying up to half the premium cost,
but no more than 1.5 percent of monthly wages, and the employer
providing the balance. Eligible employees must work at least 20 hours a
week. Employers may offer one or two basic plans--a fee-for-service
plan or a designated health maintenance organization plan.
The results of Hawaii's innovative approach are impressive. Hawaii
has led the Nation in ensuring that basic health care is available to
all its people. This system delivers high-quality care at relatively
low cost, despite a cost of living that is 30 to 40 percent higher than
the rest of the country.
Of all the States, Hawaii is the closest to achieving universal
health care coverage. The Hawaii State Department of Health estimates
that between 2 and 4 percent of Hawaii's residents lack health
insurance. This compares with national estimates that between 14 and 17
percent of U.S. residents are not covered.
Today, Hawaii has one of the lowest infant mortality rates and one of
the highest life expectancy rates in the Nation. Although the incidence
of chronic diseases, such as cancer and heart disease, is similar to
that of other States, the death rates from these diseases are lower.
The substantial investment Hawaii has made in the prepaid health care
law has clearly paid off.
Yet, there is an urgent need to bring the State statute up to date.
We need to allow a State that has been at the forefront of innovative
approaches to health care to make changes which better reflect the
needs of today's population and their employers. Hawaii should not have
to resort to back-door approaches in order to ensure basic health care
to its citizens. My legislation will permit the State to address these
issues and upgrade its successful health care programs for the 1990's
and beyond.
Although we must continue the quest for national health care reform,
we should not allow a dynamic State like Hawaii to remain hobbled by
Federal limitations on a truly innovative program with a proven record
of success.
I urge my colleagues to support this bill, and I ask unanimous
consent that it be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 266
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PREEMPTION OF HAWAII PREPAID HEALTH CARE ACT.
Section 514(b)(5) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1144(b)(5)) is amended to
read as follows:
``(5)(A) Except as provided in subparagraphs (B) and (C),
subsection (a) shall not apply to the Hawaii Prepaid Health
Care Act (Haw. Rev. Stat. Chapter 393, as amended) or any
insurance law of the State.
``(B) Nothing in subparagraph (A) shall be construed to
exempt from subsection (a) any State tax law relating to
employee benefits plans.
``(C) If the Secretary of Labor notifies the Governor of
the State of Hawaii that as the result of an amendment to the
Hawaii Prepaid Health Care Act enacted after the date of the
enactment of this paragraph--
``(i) the proportion of the population with health care
coverage under such Act is less than such proportion on such
date, or
``(ii) the level of benefit coverage provided under such
Act is less than the actuarial equivalent of such level of
coverage, on such date,
subparagraph (A) shall not apply with respect to the
application of such amendment to such Act after the date of
such notification.''.
______
By Mr. STEVENS (for himself, Mr. Kerry, Mr. Gorton, Mrs. Murray,
and Mr. Murkowski):
S. 267. A bill to establish a system of licensing, reporting, and
regulation for vessels of the United States fishing on the high seas,
and for other purposes; to the Committee on Commerce, Science, and
Transportation.
THE FISHERIES ACT OF 1995
Mr. STEVENS. Mr. President, I am pleased to introduce a bill
which contains a number of provisions important to the conservation of
fishery resources on the high seas.
Senators Kerry, Gorton, Murray, and Murkowski join me in introducing
this package today, which is titled, the ``Fisheries Act of 1995.''
The High Seas Fisheries Licensing Act of 1995, title I of the bill,
would provide for the domestic implementation of the agreement to
promote compliance with international conservation and management
measures by fishing vessels on the high seas.
This agreement was adopted by the U.N. Food and Agriculture
Organization in 1993.
The implementing legislation would establish a system of licensing,
reporting, and regulation for all U.S. vessels fishing on the high
seas.
It will set an example for other nations to the agreement to follow,
and will begin to allow the United States to obtain information from
other countries about their fishing vessels on the high seas.
[[Page S1446]] The Northwest Atlantic Fisheries Convention Act,
title II of the bill, would implement the Convention on Future
Multilateral Cooperation in the Northwest Atlantic Fisheries.
This convention calls for establishment of the Northwest Atlantic
Fisheries Organization [NAFO] to assess and conserve high seas fishery
resources off the coasts of Canada and New England.
Among other provisions, this title of the bill would provide for:
First, U.S. representation in NAFO; second, coordination between NAFO
and appropriate regional fishery management councils; and third,
authorization for the Secretaries of Commerce and State to carry out
U.S. responsibilities under the convention.
Title III of the bill would extend the authorization of
appropriations for the Atlantic Tunas Convention Act through fiscal
year 1998.
It would also: First, provide for the development of a research and
monitoring program for bluefin tuna and other wideranging Atlantic fish
stocks; second, establish operating procedures for the International
Commission for the Conservation of Atlantic Tunas [ICCAT] Advisory
Committee; and third, clarify procedures for dealing with nations that
fail to comply with ICCAT recommendations.
Title IV of the bill would reauthorize and amend the Fishermen's
Protective Act of 1967 to allow the Secretary of State to reimburse
U.S. fishermen forced to pay transit passage fees required by a foreign
country that are regarded by the United States as inconsistent with
international law.
Similar legislation was passed in both the Senate and House last year
in response to the $1,500, in Canadian dollars, transit fee charged to
United States fishermen last year for passage off British Columbia.
Title V of the bill would prohibit United States fishermen from
fishing in the Central Sea of Okhotsk, known as the ``Peanut Hole'',
except where such fishing is conducted in accordance with a fishery
agreement to which both the United States and Russia are parties.
This provision is intended to provide assistance to Russia in
conserving the fish stocks in the Sea of Okhotsk, which is bordered by
Russian waters.
Title VI would prohibit the United States from entering into any
international agreement with respect to the conservation and management
of living marine resources or the use of the high seas by fishing
vessels that would prevent full implementation of the U.N. global
moratorium on large-scale driftnet fishing.
The intent is to ensure that the United States takes every
opportunity to assist in the full implementation--and to strengthen
where possible--the U.N. moratorium on driftnet fishing.
The final section of the bill, title VII, authorizes the entry into
force of a Governing International Fishery Agreement [GIFA] between the
United States and the Republic of Estonia.
I would like to thank Senator Kerry for his help in putting this
package together.
This is a noncontroversial bill with bipartisan support, and I hope
my colleagues on the Commerce Committee and in the full Senate will
support its speedy passage.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
S. 267
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 ``Fisheries Act of 1995''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Title I--High Seas Fisheries Licensing
Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. Definitions.
Sec. 104. Licensing.
Sec. 105. Responsibilities of the Secretary.
Sec. 106. Unlawful activities.
Sec. 107. Enforcement provisions.
Sec. 108. Civil penalties and license sanctions.
Sec. 109. Criminal offenses.
Sec. 110. Forfeitures.
Sec. 111. Effective date.
Title II--Implementation of Convention on Future Multilateral
Cooperation in the Northwest Atlantic Fisheries
Sec. 201. Short title.
Sec. 202. Representation of United States under convention.
Sec. 203. Requests for scientific advice.
Sec. 204. Authorities of Secretary of State with respect to convention.
Sec. 205. Interagency cooperation.
Sec. 206. Rulemaking.
Sec. 207. Prohitibed acts and penalties.
Sec. 208. Consultative committee.
Sec. 209. Administrative matters.
Sec. 210. Definitions.
Sec. 211. Authorization of appropriations.
Title III--Atlantic Tunas Convention Act
Sec. 301. Short title.
Sec. 302. Research and monitoring activities.
Sec. 303. Advisory committee procedures.
Sec. 304. Regulations.
Sec. 305. Fines and permit sanctions.
Sec. 306. Authorization of appropriations.
Sec. 307. Report and certification.
Sec. 308. Management of Yellowfin Tuna.
Title IV--Fishermen's Protective Act
Sec. 401. Findings.
Sec. 402. Amendment to the Fishermen's Protective Act of 1967.
Sec. 403. Reauthorization.
Sec. 404. Technical corrections.
Title V--Fisheries Enforcement in Central Sea of Okhotsk
Sec. 501. Short title.
Sec. 502. Fishing prohibition.
Title VI--Driftnet Moratorium
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Prohibition.
Sec. 604. Negotiations.
Sec. 605. Certification.
Sec. 606. Enforcement.
Title VII--Governing International Fishery Agreement
Sec. 701. Agreement with Estonia.
TITLE I--HIGH SEAS FISHERIES LICENSING
SEC. 101. SHORT TITLE.
This title may be cited as the ``High Seas Fisheries
Licensing Act of 1995''.
SEC. 102. PURPOSE.
It is the purpose of this Act--
(1) to implement the Agreement to Promote Compliance with
International Conservation and Management Measures by Fishing
Vessels on the High Seas, adopted by the Conference of the
Food and Agriculture Organization of the United Nations on
November 24, 1993; and
(2) to establish a system of licensing, reporting, and
regulation for vessels of the United States fishing on the
high seas.
SEC. 103. DEFINITIONS.
As used in this Act--
(1) The term ``Agreement'' means the Agreement to Promote
Compliance with International Conservation and Management
Measures by Fishing Vessels on the High Seas, adopted by the
Conference of the Food and Agriculture Organization of the
United Nations on November 24, 1993.
(2) The term ``FAO'' means the Food and Agriculture
Organization of the United Nations.
(3) The term ``high seas'' means the waters beyond the
territorial sea or exclusive economic zone (or the
equivalent) of any nation, to the extent that such
territorial sea or exclusive economic zone (or the
equivalent) is recognized by the United States.
(4) The term ``high seas fishing vessel'' means any vessel
of the United States used or intended for use--
(A) on the high seas;
(B) for the purpose of the commercial exploitation of
living marine resources; and
(C) as a harvesting vessel, as a mother ship, or as any
other support vessel directly engaged in a fishing operation.
(5) The term ``international conservation and management
measures'' means measures to conserve or manage one or more
species of living marine resources that are adopted and
applied in accordance with the relevant rules of
international law, as reflected in the 1982 United Nations
Convention on the Law of the Sea, and that are recognized by
the United States. Such measures may be adopted by global,
regional, or sub-regional fisheries organizations, subject to
the rights and obligations of their members, or by treaties
or other international agreements.
(6) The term ``length'' means--
(A) for any high seas fishing vessel built after July 18,
1982, 96 percent of the total length on a waterline at 85
percent of the least molded depth measured from the top of
the keel, or the length from the foreside of the stem to the
axis of the rudder stock on that waterline, if that is
greater. In ships designed with a rake of keel the waterline
on which this length is measured shall be parallel to the
designed waterline; and
(B) for any high seas fishing vessel built before July 18,
1982, registered length as entered on the vessel's
documentation.
(7) The term ``person'' means any individual (whether or
not a citizen or national of the United States), any
corporation, partnership, association, or other entity
(whether or not organized or existing under the laws of any
State), and any Federal, State, local, or foreign government
or any entity of any such government.
(8) The term ``Secretary'' means the Secretary of Commerce.
(9) The term ``vessel of the United States'' means--
(A) a vessel documented under chapter 121 of title 46,
United States Code, or numbered in accordance with chapter
123 of title 46, United States Code;
[[Page S1447]] (B) a vessel owned in whole or part by--
(i) the United States or a territory, commonwealth, or
possession of the United States;
(ii) a State or political subdivision thereof;
(iii) a citizen or national of the United States; or
(vi) a corporation created under the laws of the United
States or any State, the District of Columbia, or any
territory, commonwealth, or possession of the United States;
unless the vessel has been granted the nationality of a
foreign nation in accordance with article 92 of the 1982
United Nations Convention on the Law of the Sea and a claim
of nationality or registry for the vessel is made by the
master or individial in charge at the time of the enforcement
action by an officer or employee of the United States
authorized to enforce applicable provisions of the United
States law; and
(C) a vessel that was once documented under the laws of the
United States and, in violation of the laws of the United
States, was either sold to a person not a citizen of the
United States or placed under foreign registry or a foreign
flag, whether or not the vessel has been granted the
nationality of a foreign nation.
(10) The terms ``vessel subject to the jurisdiction of the
United States'' and ``vessel without nationality'' have the
same meaning as in section 1903(c) of title 46, United States
Code Appendix.
SEC. 104. LICENSING.
(a) In General.--No high seas fishing vessel shall engage
in harvesting operations on the high seas unless the vessel
has on board a valid license issued under this section.
(b) Eligibility.--
(1) Any vessel of the United States is eligible to receive
a license under this section, unless the vessel was
previously authorized to be used for fishing on the high seas
by a foreign nation, and
(A) the foreign nation suspended such authorization because
the vessel undermined the effectiveness of international
conservation and management measures, and the suspension has
not expired; or
(B) the foreign nation, within the last three years
preceding application for a license under this section,
withdrew such authorization because the vessel undermined the
effectiveness of international conservation and management
measures.
(2) The restriction in paragraph (1) does not apply if
ownership of the vessel has changed since the vessel
undermined the effectiveness of international conservation
and management measures, and the new owner has provided
sufficient evidence to the Secretary demonstarting that the
previous owner or operator has no further legal, beneficial
or financial interest in, or control of, the vessel.
(3) The restriction in paragraph (1) does not apply if the
Secretary makes a determination that issuing a license would
not subvert the purposes of the Agreement.
(4) The Secretary may not issue a license to a vessel
unless the Secretary is satisified that the United States
will be able to exercise effectively its responsibilities
under the Agreement with respect to that vessel.
(c) Application.--
(1) The owner or operator of a high seas fishing vessel may
apply for a license under this section by completing an
application form prescribed by the Secretary.
(2) The application form shall contain--
(A) the vessel's name, previous names (if known), official
numbers, and port of record;
(B) the vessel's previous flags (if any);
(C) the vessel's International Radio Call Sign (if any);
(D) the names and addresses of the vessel's owners and
operators;
(E) where and when the vessel was built;
(F) the type of vessel;
(G) the vessel's length; and
(H) any other information the Secretary requires for the
purposes of implementing the Agreement.
(d) Conditions.--The Secretary shall establish such
conditions and restrictions on each license issued under this
section as are necessary and appropriate to carry out the
obligations of the United States Under the Agreement,
including but not limited to the following:
(1) The vessel shall be marked in accordance with the FAO
Standard Specifications for the Marking and Identification of
Fishing Vessels, or with regulations issued under section 305
of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1855); and
(2) The license holder shall report such information as the
Secretary by regulation requires, including area of fishing
operations and catch statistics. The Secretary shall
promulgate regulations concerning conditions under which
information submitted under this paragraph may be released.
(e) Fees.--
(1) The Secretary shall by regulation establish the level
of fees to be charged for licenses issued under this section.
The amount of any fee charged for a license issued under this
section shall not exceed the administrative costs incurred in
issuing such licenses. The licensing fee may be in addition
to any fee required under any regional licensing regime
applicable to high seas fishing vessels.
(2) The fees authorized by paragraph (1) shall be collected
and credited to the Operations, Research and Facilities
account of the National Oceanic and Atmospheric
Administration. Fees collected under this subsection shall be
available for the necessary expenses of the National Oceanic
and Atmospheric Administration in implementing this Act, and
shall remain available until expended.
(f) Duration.--A license issued under this section is valid
for 5 years. A license issued under this section is void in
the event the vessel is no longer eligible for United States
documentation, such documentation is revoked or denied, or
the vessel is deleted from such documentation.
SEC. 105. RESPONSIBILITIES OF THE SECRETARY.
(a) Record.--The Secretary shall maintain an automated file
or record of high seas fishing vessels issued licenses under
section 104, including all information submitted under
section 104(c)(2).
(b) Information To FAO.--The Secretary, in cooperation with
the Secretary of State and the Secretary of the department in
which the Coast Guard is operating, shall--
(1) make available to FAO information contained in the
record maintained under subsection (a);
(2) promptly notify FAO of changes in such information;
(3) promptly notify FAO of additions to or deletions from
the record, and the reason for any deletion;
(4) convey to FAO information relating to any license
granted under section 104(b)(3), including the vessel's
identity, owner or operator, and factors relevant to the
Secretary's determination to issue the license;
(5) report promptly to FAO all relevant information
regarding any activities of high seas fishing vessels that
undermine the effectiveness of international conservation and
management measures, including the identity of the vessels
and any sanctions imposed; and
(6) provide the FAO a summary of evidence regarding any
activities of foreign vessels that undermine the
effectiveness of international conservation and management
measures.
(c) Information to Flag Nations.--If the Secretary, in
cooperation with the Secretary of State and the Secretary of
the department in which the Coast Guard is operating, has
reasonable grounds to believe that a foreign vessel has
engaged in activities undermining the effectiveness of
international conservation and management measures, the
Secretary shall--
(1) provide to the flag nation information, including
appropriate evidentiary material, relating to those
activities; and
(2) when such foreign vessel is voluntarily in a United
States port, promptly notify the flag nation and, if
requested by the flag nation, make arrangements to undertake
such lawful investigatory measures as may be considered
necessary to establish whether the vessel has been used
contrary to the provisions of the Agreement.
(d) Regulations.--The Secretary, after consultation with
the Secretary of State and the Secretary of the department in
which the Coast Guard is operating, may promulgate such
regulations, in accordance with section 553 of title 5,
United States Code, as may be necessary to carry out the
purposes of the Agreement and this title. The Secretary shall
coordinate such regulations with any other entities
regulating high seas fishing vessels, in order to minimize
duplication of license application and reporting
requirements. To the extent practicable, such regulations
shall also be consistent with regulations implementing
fishery management plans under the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
(e) Notice of International Conservation and Management
Measures.--The Secretary, in consultation with the Secretary
of State, shall publish in the Federal Register, from time to
time, a notice listing international conservation and
management measures recognized by the United States.
SEC. 106. UNLAWFUL ACTIVITIES.
It is unlawful for any person subject to the jurisdiction
of the United States--
(1) to use a high seas fishing vessel on the high seas in
contravention of international conservation and management
measures described in section 105(e);
(2) to use a high seas fishing vessel on the high seas,
unless the vessel has on board a valid license issued under
section 104;
(3) to use a high seas fishing vessel in violation of the
conditions or restrictions of a license issued under section
104;
(4) to falsify any information required to be reported,
communicated, or recorded pursuant to this title or any
regulation issued under this title, or to fail to submit in a
timely fashion any required information, or to fail to report
to the Secretary immediately any change in circumstances that
has the effect of rendering any such information false,
incomplete, or misleading;
(5) to refuse to permit an authorized officer to board a
high seas fishing vessel subject to such person's control for
purposes of conducting any search or inspection in connection
with the enforcement of this title or any regulation issued
under this title;
(6) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with an authorized officer in the
conduct of any search or inspection described in paragraph
(5);
(7) to resist a lawful arrest or detention for any act
prohibited by this section;
(8) to interfere with, delay, or prevent, by any means, the
apprehension, arrest, or detection of another person, knowing
that such person has committed any act prohibited by this
section;
(9) to ship, transport, offer for sale, sell, purchase,
import, export, or have custody,
[[Page S1448]] control, or possession of, any living marine
resource taken or
retained in violation of this title or any regulation or
license issued under this title; or
(10) to violate any provision of this title or any
regulation or license issued under this title.
SEC. 107. ENFORCEMENT PROVISIONS.
(a) Duties of Secretaries.--This title shall be enforced by
the Secretary of Commerce and the Secretary of the department
in which the Coast Guard is operating. Such Secretaries may
by agreement utilize, on a reimbursable basis or otherwise,
the personnel, services, equipment (including aircraft and
vessels), and facilities of any other Federal agency, or of
any State agency, in the performance of such duties. Such
Secretaries shall, and the head of any Federal or State
agency that has entered into an agreement with either such
Secretary under this section may (if the agreement so
provides), authorize officers to enforce the provisions of
this title or any regulation or license issued under this
title.
(b) District Court Jurisdiction.--The district courts of
the United States shall have exclusive jurisdiction over any
case or controversy arising under the provisions of this
title. In the case of Guam, and any Commonwealth, territory,
or possession of the United States in the Pacific Ocean, the
appropriate court is the United States District Court for the
District of Guam, except that in the case of American Samoa,
the appropriate court is the United States District Court for
the District of Hawaii.
(c) Powers of Enforcement Officers.--
(1) Any officer who is authorized under subsection (a) to
enforce the provisions of this title may--
(A) with or without a warrant or other process--
(i) arrest any person, if the officer has reasonable cause
to believe that such person has committed an act prohibited
by paragraph (6), (7), (8), or (9) of section 106;
(ii) board, and search or inspect, any high seas fishing
vessel;
(iii) seize any high seas fishing vessel (together with its
fishing gear, furniture, appurtenances, stores, and cargo)
used or employed in, or with respect to which it reasonably
appears that such vessel was used or employed in, the
violation of any provision of this title or any regulation or
license issued under this title;
(iv) seize any living marine resource (wherever found)
taken or retained, in any manner, in connection with or as a
result of the commission of any act prohibited by section
106;
(v) seize any other evidence related to any violation of
any provision of this title or any regulation or license
issued under this title;
(B) execute any warrant or other process issued by any
court of competent jurisdiction; and
(C) exercise any other lawful authority.
(2) Subject to the direction of the Secretary, a person
charged with law enforcement responsibilities by the
Secretary who is performing a duty related to enforcement of
a law regarding fisheries or other marine resources may make
an arrest without a warrant for an offense against the United
States committed in his presence, or for a felony cognizable
under the laws of the United States, if he has reasonable
grounds to believe that the person to be arrested has
committed or is committing a felony.
(d) Issuance of Citations.--If any authorized officer finds
that a high seas fishing vessel is operating or has been
operated in violation of any provision of this title, such
officer may issue a citation to the owner or operator of such
vessel in lieu of proceeding under subsection (c). If a
permit has been issued pursuant to this title for such
vessel, such officer shall note the issuance of any citation
under this subsection, including the date thereof and the
reason therefor, on the permit. The Secretary shall maintain
a record of all citations issued pursuant to this subsection.
(e) Liability for Costs.--Any person assessed a civil
penalty for, or convicted of, any violation of this Act shall
be liable for the cost incurred in storage, care, and
maintenance of any living marine resource or other property
seized in connection with the violation.
SEC. 108. CIVIL PENALTIES AND LICENSE SANCTIONS.
(a) Civil Penalties.--
(1) Any person who is found by the Secretary, after notice
and opportunity for a hearing in accordance with section 554
of title 5, United States Code, to have committed an act
prohibited by section 106 shall be liable to the United
States for a civil penalty. The amount of the civil penalty
shall not exceed $100,000 for each violation. Each day of a
continuing violation shall constitute a separate offense. The
amount of such civil penalty shall be assessed by the
Secretary by written notice. In determining the amount of
such penalty, the Secretary shall take into account the
nature, circumstances, extent, and gravity of the prohibited
acts committed and, with respect to the violation, the degree
of culpability, any history of prior offenses, and such other
matters as justice may require.
(2) The Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty that is subject to
imposition or that has been imposed under this section.
(b) License Sanctions.--
(1) In any case in which--
(A) a vessel of the United States has been used in the
commission of an act prohibited under section 106;
(B) the owner or operator of a vessel or any other person
who has been issued or has applied for a license under
section 104 has acted in violation of section 106; or
(C) any amount in settlement of a civil forfeiture imposed
on a high seas fishing vessel or other property, or any civil
penalty or criminal fine imposed on a high seas fishing
vessel or on an owner or operator of such a vessel or on any
other person who has been issued or has applied for a license
under any fishery resource statute enforced by the Secretary,
has not been paid and is overdue, the Secretary may--
(i) revoke any license issued to or applied for by such
vessel or person under this title, with or without prejudice
to the issuance of subsequent licenses;
(ii) suspend such license for a period of time considered
by the Secretary to be appropriate;
(iii) deny such license; or
(iv) impose additional conditions and restrictions on such
license.
(2) In imposing a sanction under this subsection, the
Secretary shall take into account--
(A) the nature, circumstances, extent, and gravity of the
prohibited acts for which the sanction is imposed; and
(B) with respect to the violator, the degree of
culpability, any history of prior offenses, and such other
matters as justice may require.
(3) Transfer of ownership of a high seas fishing vessel, by
sale or otherwise, shall not extinguish any license sanction
that is in effect or is pending at the time of transfer of
ownership. Before executing the transfer of ownership of a
vessel, by sale or otherwise, the owner shall disclose in
writing to the prospective transferee the existence of any
license sanction that will be in effect or pending with
respect to the vessel at the time of the transfer. The
Secretary may waive or compromise a sanction in the case of a
transfer pursuant to court order.
(4) In the case of any license that is suspended under this
subsection for nonpayment of a civil penalty or criminal
fine, the Secretary shall reinstate the license upon payment
of the penalty or fine and interest thereon at the prevailing
rate.
(5) No sanctions shall be imposed under this subsection
unless there has been prior opportunity for a hearing on the
facts underlying the violation for which the sanction is
imposed, either in conjunction with a civil penalty
proceeding under this section or otherwise.
(c) Hearing.--For the purposes of conducting any hearing
under this section, the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of
relevant papers, books, and documents, and may administer
oaths. Witnesses summoned shall be paid the same fees and
mileage that are paid to witnesses in the courts of the
United States. In case of contempt or refusal to obey a
subpoena served upon any person pursuant to this subsection,
the district court of the United States for any district in
which such person is found, resides, or transacts business,
upon application by the United States and after notice to
such person, shall have jurisdiction to issue an order
requiring such person to appear and give testimony before the
Secretary or to appear and produce documents before the
Secretary, or both, and any failure to obey such order of the
court may be punished by such court as a contempt thereof.
(d) Judicial Review.--Any person against whom a civil
penalty is assessed under subsection (a) or against whose
vessel a license sanction is imposed under subsection (b)
(other than a license suspension for nonpayment of penalty or
fine) may obtain review thereof in the United States district
court for the appropriate district by filing a complaint
against the Secretary in such court within 30 days from the
date of such penalty or sanction. The Secretary shall
promptly file in such court a certified copy of the record
upon which such penalty or sanction was imposed, as provided
in section 2112 of title 28, United States Code. The findings
and order of the Secretary shall be set aside by such court
if they are not found to be supported by substantial
evidence, as provided in section 706(2) of title 5, United
States Code.
(e) Collection.--
(1) If any person fails to pay an assessment of a civil
penalty after it has become a final and unappealable order,
or after the appropriate court has entered final judgment in
favor of the Secretary, the matter shall be referred to the
Attorney General, who shall recover the amount assessed in
any appropriate district court of the United States. In such
action the validity and appropriateness of the final order
imposing the civil penalty shall not be subject to review.
(2) A high seas fishing vessel (including its fishing gear,
furniture, appurtenances, stores, and cargo) used in the
commission of an act prohibited by section 106 shall be
liable in rem for any civil penalty assessed for such
violation under subsection (a) and may be proceeded against
in any district court of the United States having
jurisdiction thereof. Such penalty shall constitute a
maritime lien on such vessel that may be recovered in an
action in rem in the district court of the United States
having jurisdiction over the vessel.
[[Page S1449]] SEC. 109. CRIMINAL OFFENSES.
(a) Offenses.--A person is guilty of an offense if the
person commits any act prohibited by paragraph (6), (7), (8),
or (9) of section 106.
(b) Punishment.--Any offense described in subsection (a) is
a class A misdemeanor punishable by a fine under title 18,
United States Code, or imprisonment for not more than one
year, or both; except that if in the commission of any
offense the person uses a dangerous weapon, engages in
conduct that causes bodily injury to any authorized officer,
or places any such officer in fear of imminent bodily injury,
the offense is a felony punishable by a fine under title 18,
United States Code, or imprisonment for not more than 10
years, or both.
SEC. 110. FORFEITURES.
(a) In General.--Any high seas fishing vessel (including
its fishing gear, furniture, appurtenances, stores, and
cargo) used, and any living marine resources (or the fair
market value thereof) taken or retained, in any manner, in
connection with or as a result of the commission of any act
prohibited by section 106 (other than an act for which the
issuance of a citation under section 107 is a sufficient
sanction) shall be subject to forfeiture to the United
States. All or part of such vessel may, and all such living
marine resources (or the fair market value thereof) shall, be
forfeited to the United States pursuant to a civil proceeding
under this section.
(b) Jurisdiction of District Courts.--Any district court of
the United States shall have jurisdiction, upon application
of the Attorney General on behalf of the United States, to
order any forfeiture authorized under subsection (a) and any
action provided for under subsection (d).
(c) Judgment.--If a judgment is entered for the United
States in a civil forfeiture proceeding under this section,
the Attorney General may seize any property or other interest
declared forfeited to the United States, which has not
previously been seized pursuant to this title or for which
security has not previously been obtained. The provisions of
the customs laws relating to--
(1) the seizure, forfeiture, and condemnation of property
for violation of the customs law;
(2) the disposition of such property or the proceeds from
the sale thereof; and
(3) the remission or mitigation of any such forfeiture;
shall apply to seizures and forfeitures incurred, or alleged
to have been incurred, under the provisions of this title,
unless such provisions are inconsistent with the purposes,
policy, and provisions of this title.
(d) Procedure.--
(1) Any officer authorized to serve any process in rem that
is issued by a court under section 107(b) shall--
(A) stay the execution of such process; or
(B) discharge any living marine resources seized pursuant
to such process;
upon receipt of a satisfactory bond or other security from
any person claiming such property. Such bond or other
security shall be conditioned upon such person delivering
such property to the appropriate court upon order thereof,
without any impairment of its value, or paying the monetary
value of such property pursuant to an order of such court.
Judgment shall be recoverable on such bond or other security
against both the principal and any sureties in the event that
any condition thereof is breached, as determined by such
court.
(2) Any living marine resources seized pursuant to this
title may be sold, subject to the approval of the appropriate
court, for not less than the fair market value thereof. The
proceeds of any such sale shall be deposited with such court
pending the disposition of the matter involved.
(e) Rebuttable Presumption.--For purposes of this section,
all living marine resources found on board a high seas
fishing vessel and which are seized in connection with an act
prohibited by section 106 are presumed to have been taken or
retained in violation of this title, but the presumption can
be rebutted by an appropriate showing of evidence to the
contrary.
SEC. 111. EFFECTIVE DATE.
This title shall take effect 120 days after the date of
enactment of this Act.
TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL
COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES
SEC. 201. SHORT TITLE.
This title may be cited as the ``Northwest Atlantic
Fisheries Convention Act of 1995''.
SEC. 202. REPRESENTATION OF UNITED STATES UNDER CONVENTION.
(a) Commissioners.--
(1) Appointments, generally.--The Secretary shall appoint
not more than 3 individuals to serve as the representatives
of the United States on the General Council and the Fisheries
Commission, who shall each--
(A) be known as a ``United States Commissioner to the
Northwest Atlantic Fisheries Organization''; and
(B) serve at the pleasure of the Secretary.
(2) Requirements for appointments.--
(A) The Secretary shall ensure that of the individuals
serving as Commissioners--
(i) at least 1 is appointed from among representatives of
the commercial fishing industry;
(ii) 1 (but no more than 1) is an official of the
Government; and
(iii) 1, other than the individual appointed under clause
(ii), is a voting member of the New England Fishery
Management Council.
(B) The Secretary may not appoint as a Commissioner an
individual unless the individual is knowledgeable and
experience concerning the fishery resources to which the
Convention applies.
(3) Terms.--
(A) The term of an individual appointed as a Commissioner--
(i) shall be specified by the Secretary at the time of
appointment; and
(ii) may not exceed 4 years.
(B) An individual who is not a Government official may not
serve more than 2 consecutive terms as a Commissioner.
(b) Alternate Commissioners.--
(1) Appointment.--The Secretary may, for any anticipated
absence of a duly appointed Commissioner at a meeting of the
General Council or the Fisheries Commission, designate an
individual to serve as an Alternate Commissioner.
(2) Functions.--An Alternate Commissioner may exercise all
powers and perform all duties of the Commissioner for whom
the Alternate Commissioner is designated, at any meeting of
the General Council or the Fisheries Commission for which the
Alternate Commissioner is designated.
(c) Representatives.--
(1) Appointment.--The Secretary shall appoint not more than
3 individuals to serve as the representatives of the United
States on the Scientific Council, who shall each be known as
a ``United State Representative to the Northwest Atlantic
Fisheries Organization Scientific Council''.
(2) Eligibility for appointment.--
(A) The Secretary may not appoint an individual as a
Representative unless the individual is knowledgeable and
experienced concerning the scientific issues dealt with by
the Scientific Council.
(B) The Secretary shall appoint as a Representative at
least 1 individual who is an official of the Government.
(3) Term.--An individual appointed as a Representative--
(A) shall serve for a term of not to exceed 4 years, as
specific by the Secretary at the time of appointment;
(B) may be reappointed; and
(C) shall serve at the pleasure of the Secretary.
(d) Alternate Representatives.--
(1) Appointment.--The Secretary may, for any anticipated
absence of a duly appointed Representative at a meeting of
the Scientific Council, designate an individual to serve as
an Alternate Representative.
(2) Functions.--An Alternate Representative may exercise
all powers and perform all duties of the Representative for
whom the Alternate Representative is designated, at any
meeting of the Scientific Council for which the Alternate
Representative is designated.
(e) Experts and Advisers.--The Commissioners, Alternate
Commissioners, Representatives, and Alternate Representatives
may be accompanied at meeting of the Organization by experts
and advisers.
(f) Coordination and Consultation.--
(1) In general.--In carrying out their functions under the
Convention, Commissioners, Alternate Commissioners,
Representatives, and Alternate Representatives shall--
(A) coordinate with the appropriate Regional Fishery
Management Councils established by section 302 of the
Magnuson Act (16 U.S.C. 1852); and
(B) consult with the committee established under section
208.
(2) Relationship to other law.--The Federal Advisory
Committee Act (5 U.S.C. App. Sec. 1 et seq.) shall not apply
to coordination and consultations under this subsection.
SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE.
(a) Restriction.--The Representatives may not make a
request or specification described in subsection (b)(1) or
(2), respectively, unless the Representatives have first--
(1) consulted with the appropriate Regional Fishery
Management Councils; and
(2) received the consent of the Commissioners for that
action.
(b) Requests and Terms of Reference Described.--The
requests and specifications referred to in subsection (a)
are, respectively--
(1) any request, under Article VII(1) of the Convention,
that the Scientific Council consider and report on a question
pertaining to the scientific basis for the management and
conservation of fishery resources in waters under the
jurisdiction of the United States within the Convention Area;
and
(2) any specification, under Article VIII(2) of the
Convention, of the terms of reference for the consideration
of a question referred to the Scientific Council pursuant to
Article VII(1) of the Convention.
SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO
CONVENTION.
The Secretary of State may, on behalf of the Government of
the United States--
(1) receive and transmit reports, requests,
recommendations, proposals, and other communications of and
to the Organization and its subsidiary organs;
(2) object, or withdraw an objection, to the proposal of
the Fisheries Commission;
(3) give or withdraw notice of intent not to be bound by a
measure of the Fisheries Commission;
(4) object or withdraw an objection to an amendment to the
Convention; and
(5) act upon, or refer to any other appropriate authority,
any other communication referred to in paragraph (1).
[[Page S1450]] SEC. 205. INTERAGENCY COOPERATION.
(a) Authorities of Secretary.--In carrying out the
provisions of the Convention and this title, the Secretary
may arrange for cooperation with other agencies of the United
States, the States, the New England and the Mid-Atlantic
Fishery Management Councils, and private institutions and
organizations.
(b) Other Agencies.--The head of any Federal agency may--
(1) cooperate in the conduct of scientific and other
programs, and furnish facilities and personnel, for the
purposes of assisting the Organization in carrying out its
duties under the Convention; and
(2) accept reimbursement from the Organization for
providing such services, facilities, and personnel.
SEC. 206. RULEMAKING.
The Secretary shall promulgate regulations as may be
necessary to carry out the purposes and objectives of the
Convention and this title. Any such regulation may be made
applicable, as necessary, to all persons and all vessels
subject to the jurisdiction of the United States, wherever
located.
SEC. 207. PROHIBITED ACTS AND PENALTIES.
(a) Prohibition.--It is unlawful for any person or vessel
that is subject to the jurisdiction of the United States--
(1) to violate any regulation issued under this title or
any measure that is legally binding on the United States
under the Convention;
(2) to refuse to permit any authorized enforcement officer
to board a fishing vessel that is subject to the person's
control for purposes of conducting any search or inspection
in connection with the enforcement of this title, any
regulation issued under this title, or any measure that is
legally binding on the United States under the Convention;
(3) forcibly to assault, resist, oppose, impede,
intimidate, or interfere with any authorized enforcement
officer in the conduct of any search or inspection described
in paragraph (2);
(4) to resist a lawful arrest for any act prohibited by
this section;
(5) to ship, transport, offer for sale, sell, purchase,
import, export, or have custody, control, or possession of,
any fish taken or retained in violation of this section; or
(6) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that the
other person has committed an act prohibited by this section.
(b) Civil Penalty.--Any person who commits any act that is
unlawful under subsection (a) shall be liable to the United
States for a civil penalty, or may be subject to a permit
sanction, under section 308 of the Magnuson Act (16 U.S.C.
1858).
(c) Criminal Penalty.--Any person who commits an act that
is unlawful under paragraph (2), (3), (4), or (6) of
subsection (a) shall be guilty of an offense punishable under
section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)).
(d) Civil Forfeiture.--
(1) In general.--Any vessel (including its gear, furniture,
appurtenances, stores, and cargo) used in the commission of
an act that is unlawful under subsection (a), and any fish
(or the fair market value thereof) taken or retained, in any
manner, in connection with or as a result of the commission
of any act that is unlawful under subsection (a), shall be
subject to seizure and forfeiture as provided in section 310
of the Magnuson Act (16 U.S.C. 1860).
(2) Disposal of fish.--Any fish seized pursuant to this
title may be disposed of pursuant to the order of a court of
competent jurisdiction or, if perishable, in a manner
prescribed by regulations issued by the Secretary.
(e) Enforcement.--The Secretary and the Secretary of the
department in which the Coast Guard is operating shall
enforce the provisions of this title and shall have the
authority specified in sections 311(a), (b)(1), and (c) of
the Magnuson Act (16 U.S.C. 1861(a), (b)(1), and (c)) for
that purpose.
(f) Jurisdiction of Courts.--The district courts of the
United States shall have exclusive jurisdiction over any case
or controversy arising under this section and may, at any
time--
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other
security; and
(4) take such other actions as are in the interests of
justice.
SEC. 208. CONSULTATIVE COMMITTEE.
(a) Establishment.--The Secretary of State and the
Secretary, shall jointly establish a consultative committee
to advise the Secretaries on issues related to the
Convention.
(b) Membership.--
(1) The membership of the Committee shall include
representatives from the New England and Mid-Atlantic Fishery
Management Councils, the States represented on those
Councils, the Atlantic States Marine Fisheries Commission,
the fishing industry, the seafood processing industry, and
others knowledgeable and experienced in the conservation and
management of fisheries in the Northwest Atlantic Ocean.
(2) Terms and Reappointment.--Each member of the
consultative committee shall serve for a term of two years
and shall be eligible for reappointment.
(c) Duties of the Committee.--Members of the consultative
committee may attend--
(1) all public meetings of the General Council or the
Fisheries Commission;
(2) any other meetings to which they are invited by the
General Council or the Fisheries Commission; and
(3) all nonexecutive meetings of the United States
Commissioners.
(d) Relationship to Other Law.--The Federal Advisory
Committee Act (5 U.S.C. App. Sec. 1 et seq.) shall not apply
to the consultative committee established under this section.
SEC. 209. ADMINISTRATIVE MATTERS.
(a) Prohibition on Compensation.--A person shall not
receive any compensation from the Government by reason of any
service of the person as--
(1) a Commissioner, Alternate Commissioner, Representative,
or Alternative Representative;
(2) an expert or adviser authorized under section 202(e);
or
(3) a member of the consultative committee established by
section 208.
(b) Travel and Expenses.--The Secretary of State shall,
subject to the availability of appropriations, pay all
necessary travel and other expenses of persons described in
subsection (a)(1) and of not more than six experts and
advisers authorized under section 202(e) with respect to
their actual performance of their official duties pursuant to
this title, in accordance with the Federal Travel Regulations
and sections 5701, 5702, 5704 through 5708, and 5731 of title
5, United States Code.
(c) Status as Federal Employees.--A person shall not be
considered to be a Federal employee by reason of any service
of the person in a capacity described in subsection (a),
except for purposes of injury compensation and tort claims
liability under chapter 81 of title 5, United States Code,
and chapter 17 of title 28, United States Code, respectively.
SEC. 210. DEFINITIONS.
In this title the following definitions apply:
(1) Authorized enforcement officer.--The term ``authorized
enforcement officer'' means a person authorized to enforce
this title, any regulation issued under this title, or any
measure that is legally binding on the United States under
the Convention.
(2) Commissioner.--The term ``Commissioner'' means a United
States Commissioner to the Northwest Atlantic Fisheries
Organization appointed under section 202(a).
(3) Convention.--The term ``Convention'' means the
Convention on Future Multilateral Cooperation in the
Northwest Atlantic Fisheries, done at Ottawa on October 24,
1978.
(4) Fisheries commission.--The term ``Fisheries
Commission'' means the Fisheries Commission provided for by
Articles II, XI, XII, XIII, and XIV of the Convention.
(5) General council.--The term ``General Council'' means
the General Council provided for by Article II, III, IV, and
V of the Convention.
(6) Magnuson Act.--The term ``Magnuson Act'' means the
Magnuson Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(7) Organization.--The term ``Organization'' means the
Northwest Atlantic Fisheries Organization provided for by
Article II of the Convention.
(8) Person.--The term ``person'' means any individual
(whether or not a citizen or national of the United States),
and any corporation, partnership, association, or other
entity (whether or not organized or existing under the laws
of any State).
(9) Representative.--The term ``Representative'' means a
United States Representative to the
Northwest Atlantic Fisheries Scientific Council appointed
under section 202(c).
(10) Scientific council.--The term ``Scientific Council''
means the Scientific Council provided for by Articles II, VI,
VII, VIII, IX, and X of the Convention.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title, including use for payment as the United States
contribution to the Organization as provided in Article XVI
of the Convention, $500,000 for each of the fiscal years
1995, 1996, 1997 and 1998.
TITLE III--ATLANTIC TUNAS CONVENTION ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Atlantic Tunas Convention
Authorization Act of 1995''.
SEC. 302. RESEARCH AND MONITORING ACTIVITIES.
(a) Report to Congress.--The Secretary of Commerce shall,
within 90 days after the date of enactment of this Act,
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources
of the House of Representatives--
(1) identifying current governmental and nongovernmental
research and monitoring activities on Atlantic bluefin tuna
and other highly migratory species;
(2) describing the personnel and budgetary resources
allocated to such activities; and
(3) explaining how each activity contributes to the
conservation and management of Atlantic bluefin tuna and
other highly migratory species.
(b) Research and Monitoring Program.--Section 3 of the Act
of September 4, 1980 (16 U.S.C. 971i) is amended--
(1) by amending the section heading to read as follows:
[[Page S1451]] ``SEC. 3. RESEARCH ON ATLANTIC HIGHLY
MIGRATORY SPECIES.'';
(2) by striking the last sentence;
(3) by inserting ``(a) Biennial Report on Bluefin Tuna.--''
before ``The Secretary of Commerce shall''; and
(4) by adding at the end the following:
``(b) Highly Migratory Species Research and Monitoring.--
``(1) Within 6 months after the date of enactment of the
Atlantic Tunas Convention Authorization Act of 1995, the
Secretary of Commerce, in cooperation with the advisory
committee established under section 4 of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971b) and in consultation
with the United States Commissioners on the International
Commission for the Conservation of Atlantic Tunas (referred
to elsewhere in this section as the `Commission') and the
Secretary of State, shall develop and implement a
comprehensive research and monitoring program to support the
conservation and management of Atlantic bluefin tuna and
other highly migratory species that shall--
``(A) identify and define the range of stocks of highly
migratory species in the Atlantic Ocean, including Atlantic
bluefin tuna; and
``(B) provide for appropriate participation by nations
which are members of the Commission.
``(2) The program shall provide for, but not be limited
to--
``(A) statistically designed cooperative tagging studies;
``(B) genetic and biochemical stock analyses;
``(C) population censuses carried out through aerial
surveys of fishing grounds and known migration areas;
``(D) adequate observer coverage and port sampling of
commercial and recreational fishing activity;
``(E) collection of comparable real-time data on commercial
and recreational catches and landings through the use of
permits, logbooks, landing reports for charter operations and
fishing tournaments, and programs to provide reliable
reporting of the catch by private anglers;
``(F) studies of the life history parameters of Atlantic
bluefin tuna and other highly migratory species;
``(G) integration of data from all sources and the
preparation of data bases to support management decisions;
and
``(H) other research as necessary.
``(3) In developing a program under this section, the
Secretary shall provide for comparable monitoring of all
United States fishermen to which the Atlantic Tunas
Convention Act applies with respect to effort and species
composition of catch and discards. The Secretary through the
Secretary of State shall encourage other member nations to
adopt a similar program.''.
SEC. 303. ADVISORY COMMITTEE PROCEDURES.
Section 4 of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971b) is amended--
(1) by inserting ``(a)'' before ``There''; and
(2) by adding at the end the following:
``(b)(1) A majority of the members of the advisory
committee shall constitute a quorum, but one or more such
members designated by the advisory committee may hold
meetings to provide for public participation and to discuss
measures relating to the United States implementation of
Commission recommendations.
``(2) The advisory committee shall elect a Chairman for a
2-year term from among its members.
``(3) The advisory committee shall meet at appropriate
times and places at least twice a year, at the call of the
Chairman or upon the request of the majority of its voting
members, the United States Commissioners, the Secretary, or
the Secretary of State. Meetings of the advisory committee
shall be open to the public, and prior notice of meetings
shall be made public in a timely fashion.
``(4)(A) The Secretary shall provide to the advisory
committee in a timely manner such administrative and
technical support services as are necessary for the effective
functioning of the committee.
``(B) The Secretary and the Secretary of State shall
furnish the advisory committee with relevant information
concerning fisheries and international fishery agreements.
``(5) The advisory committee shall determine its
organization, and prescribe its practices and procedures for
carrying out its functions under this Act, the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.), and the Convention. The advisory committee shall
publish and make available to the public a statement of its
organization, practices, and procedures.
``(6) The advisory committee shall, to the maximum extent
practicable, consist of an equitable balance among the
various groups concerned with the fisheries covered by the
Convention and shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App. Sec. 1 et seq.).''.
SEC. 304. REGULATIONS.
Section 6(c)(3) of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971d(c)(3)) is amended by adding ``or fishery
mortality level'' after ``quota of fish'' in the last
sentence.
SEC. 305. FINES AND PERMIT SANCTIONS.
Section 7(e) of the Atlantic Tunas Convention Act of 1975
(16 U.S.C. 971(e)) is amended to read as follows:
``(e) The civil penalty and permit sanctions of section 308
of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1858) are hereby made applicable to violations of this
section as if they were violations of section 307 of that
Act.''.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971h) is amended to read as follows:
``AUTHORIZATION OF APPROPRIATIONS
``Sec. 10. There are authorized to be appropriated to carry
out this Act, including use for payment of the United States
share of the joint expenses of the Commission as provided in
article X of the Convention, the following sums:
``(1) For fiscal year 1995, $2,750,000, of which $50,000
are authorized in the aggregate for the advisory committee
established under section 4 and the species working groups
established under section 4A, and $1,500,000 are authorized
for research activities under this Act.
``(2) For fiscal year 1996, $4,000,000, of which $62,000
are authorized in the aggregate for such advisory committee
and such working groups, and $2,500,000 are authorized for
such research activities.
``(3) For fiscal year 1997, $4,000,000 of which $75,000 are
authorized in the aggregate for such advisory committee and
such working groups, and $2,500,000 are authorized for such
research activities.
``(4) For fiscal year 1998, $4,000,000 of which $75,000 are
authorized in the aggregate for such advisory committee and
such working groups, and $2,500,000 are authorized for such
research activities.''.
SEC. 307. REPORT AND CERTIFICATION.
The Atlantic Tuna Convention Act of 1975 (16 U.S.C. 971 et
seq.) is amended by adding at the end thereof the following:
``ANNUAL REPORT
``Sec. 11. Not later than April 1, 1996, and annually
thereafter, the Secretary shall prepare and transmit to the
Committee on Resources of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate a report, that--
``(1) details for the previous 10-year period the catches
and exports to the United States of highly migratory species
(including tunas, swordfish, marlin and sharks) from nations
fishing on Atlantic stocks of such species that are subject
to management by the Commission;
``(2) identifies those fishing nations whose harvests are
inconsistent with conservation and management recommendations
of the Commission;
``(3) describes reporting requirements established by the
Secretary to ensure that imported fish products are in
compliance with all international management measures,
including minimum size requirements, established by the
Commission and other international fishery organizations to
which the United States is a party; and
``(4) describes actions taken by the Secretary under
section 12.
``CERTIFICATION
``Sec. 12. (a) If the Secretary determines that vessels of
any nation are harvesting fish which are subject to
regulation pursuant to a recommendation of the Commission and
which were taken from the convention area in a manner or
under circumstances which would tend to diminish the
effectiveness of the conservation recommendations of the
Commission, the Secretary shall certify such fact to the
President.
``(b) Such certification shall be deemed to be a
certification for the purposes of section 8 of the
Fishermen's Protective Act (22 U.S.C. 1978).
``(c) Upon certification under subsection (a), the
Secretary shall promulgate regulations under section 6(c)(4)
with respect to a nation so certified.''.
SEC. 308. MANAGEMENT OF YELLOWFIN TUNA.
(a) Not later than 90 days after the date of the enactment
of this act, the Secretary of Commerce in accordance with
this section shall publish a preliminary determination of the
level of the United States recreational and commercial catch
of yellowfin tuna on an annual basis since 1980. The
Secretary shall publish a preliminary determination in the
Federal Register for comment for a period not to exceed 60
days. The Secretary shall publish a final determination not
later than 140 days from the date of the enactment of this
section.
(b) Not later than June 1, 1996, the Secretary of Commerce
shall implement the recommendations of International
Commission for the Conservation of Atlantic Tunas regarding
yellowfin tuna.
TITLE IV--FISHERMEN'S PROTECTIVE ACT
SEC. 401. FINDINGS.
The Congress finds that--
(1) customary international law and the United Nations
Convention on the Law of the Sea guarantee the right of
passage, including innocent passage, to vessels through the
waters commonly referred to as the ``Inside Passage'' off the
Pacific Coast of Canada;
(2) Canada recently required all commercial fishing vessels
of the United States to pay 1,500 Canadian dollars to obtain
a ``license which authorizes transit'' through the Inside
Passage;
(3) this action was inconsistent with international law,
including the United Nations Convention on the Law of the
Sea, and, in particular, Article 26 of that Convention, which
specifically prohibits such fees, and threatened the safety
of United States commercial fishermen who sought to avoid the
fee by traveling in less protected waters;
(4) the Fishermen's Protective Act of 1967 provides for the
reimbursement of vessel
[[Page S1452]] owners who are forced to pay a license fee to
secure the release of a vessel which has been seized, but
does not permit reimbursement of a fee paid by the owner in
advance in order to prevent a seizure;
(5) Canada required that the license fee be paid in person
in 2 ports on the Pacific Coast of Canada, or in advance by
mail;
(6) significant expense and delay was incurred by
commercial fishing vessels of the United States that had to
travel from the point of seizure back to one of those ports
in order to pay the license fee required by Canada, and the
costs of that travel and delay cannot be reimbursed under the
Fishermen's Protective Act;
(7) the Fishermen's Protective Act of 1967 should be
amended to permit vessel owners to be reimbursed for fees
required by a foreign government to be paid in advance in
order to navigate in the waters of that foreign country if
the United States considers that fee to be inconsistent with
international law;
(8) the Secretary of State should seek to recover from
Canada any amounts paid by the United States to reimburse
vessel owners who paid the transit license fee;
(9) the United States should review its current policy with
respect to anchorage by commercial fishing vessels of Canada
in waters of the United States off Alaska, including waters
in and near the Dixon
Entrance, and should accord such vessels the same treatment
that commercial fishing vessels of the United States are
accorded for anchorage in the waters of Canada off British
Columbia;
(10) the President should ensure that, consistent with
international law, the United States Coast Guard has
available adequate resources in the Pacific Northwest and
Alaska to provide for the safety of United States citizens,
the enforcement of United States law, and to protect the
rights of the United States and keep the peace among vessels
operating in disputed waters;
(11) the President should continue to review all agreements
between the United States and Canada to identify other
actions that may be taken to convince Canada that any
reinstatement of the transit license fee would be against
Canada's long-term interests, and should immediately
implement any actions which the President deems appropriate
if Canada reinstates the fee;
(12) the President should continue to immediately convey to
Canada in the strongest terms that the United States will not
now, nor at any time in the future, tolerate any action by
Canada which would impede or otherwise restrict the right of
passage of vessels of the United States in a manner
inconsistent with international law; and
(13) the United States should redouble its efforts to seek
expeditious agreement with Canada on appropriate fishery
conservation and management measures that can be implemented
through the Pacific Salmon Treaty to address issues of mutual
concern.
SEC. 402. AMENDMENT TO THE FISHERMEN'S PROTECTIVE ACT OF
1967.
(a) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971
et seq.) is amended by adding at the end the following new
section:
``Sec. 11. (a) In any case on or after June 15, 1994, in
which a vessel of the United States exercising its right of
passage is charged a fee by the government of a foreign
country to engage in transit passage between points in the
United States (including a point in the exclusive economic
zone or in an area over which jurisdiction is in dispute),
and such fee is regarded by the United States as being
inconsistent with international law, the Secretary of State
shall reimburse the vessel owner for the amount of any such
fee paid under protest.
``(b) In seeking such reimbursement, the vessel owner shall
provide, together with such other information as the
Secretary of State may require--
``(1) a copy of the receipt for payment;
``(2) an affidavit attesting that the owner or the owner's
agent paid the fee under protest; and
``(3) a copy of the vessel's certificate of documentation.
``(c) Requests for reimbursement shall be made to the
Secretary of State within 120 days after the date of payment
of the fee, or within 90 days after the date of enactment of
this section, whichever is later.
``(d) such funds as may be necessary to meet the
requirements of this section may be made available from the
unobligated balances of previously appropriated funds
remaining in the Fishermen's Guaranty Fund established under
section 7 and the Fishermen's Protective Fund established
under section 9. To the extent that requests for
reimbursement under this section exceed such funds, there are
authorized to be appropriated such sums as may be needed for
reimbursements authorized under subsection (a).
``(e) The Secretary of State shall take such action as the
Secretary deems appropriate to make and collect
claims against the foreign country imposing such fee for any
amounts reimbursed under this section.
``(f) For purposes of this section, the term `owner'
includes any charterer of a vessel of the United States.
``(g) This section shall remain in effect until October 1,
1996.''.
(b) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971
et seq.) is further amended by adding at the end the
following:
``Sec. 12. (a) If the Secretary of State finds that the
government of any nation imposes conditions on the operation
or transit of United States fishing vessels which the United
States regards as being inconsistent with international law
or an international agreement, the Secretary of State shall
certify that fact to the President.
``(b) Upon receipt of a certification under subsection (a),
the President shall direct the heads of Federal agencies to
impose similar conditions on the operation or transit of
fishing vessels registered under the laws of the nation which
has imposed conditions on United States fishing vessels.
``(c) For the purposes of this section, the term `fishing
vessel' has the meaning given that term in section 2101(11a)
of title 46, United States Code.
``(d) It is the sense of the Congress that any action taken
by any Federal agency under subsection (b) should be
commensurate with any conditions certified by the Secretary
of State under subsection (a).''.
SEC. 403. REAUTHORIZATION.
(a) Section 7(c) of the Fishermen's Protective Act of 1967
(22 U.S.C. 1977(c)) is amended by striking the third
sentence.
(b) Section 7(e) of the Fishermen's Protective Act of 1967
(22 U.S.C. 1977(e)) is amended by striking ``October 1,
1993'' and inserting ``October 1, 2000''.
SEC. 404. TECHNICAL CORRECTIONS.
(a)(1) Section 15(a) of Public Law 103-238 is amended by
striking ``April 1, 1994,'' and inserting ``May 1, 1994,''.
(2) The amendment made by paragraph (1) shall be effective
on and after April 30, 1994.
(b) Section 803(13)(C) of Public Law 102-567 (16 U.S.C.
5002(13)(C)) is amended to read as follows:
``(C) any vessel supporting a vessel described in
subparagraph (A) or (B).''.
TITLE V--FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK
SEC. 501. SHORT TITLE.
This title may be cited as the ``Sea of Okhotsk Fisheries
Enforcement Act of 1995''.
SEC. 502. FISHING PROHIBITION.
(a) Addition of Central Sea of Okhotsk.--Section 302 of the
Central Bering Sea Fisheries Enforcement Act of 1992 (16
U.S.C. 1823 note) is amended by inserting ``and the Central
Sea of Okhotsk'' after ``Central Bering Sea''.
(b) Definition.--Section 306 of such Act is amended--
(1) by redesignating paragraphs (2), (3), (4), (5), and (6)
as paragraphs (3), (4), (5), (6), and (7), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Central sea of okhotsk.--The term `Central Sea of
Okhotsk' means the central Sea of Okhotsk area which is more
than two hundred nautical miles seaward of the baseline from
which the breadth of the territorial sea of the Russian
Federation is measured.''.
TITLE VI--DRIFTNET MORATORIUM
SEC 601. SHORT TITLE.
This title may be cited as the ``High Seas Driftnet Fishing
Moratorium Protection Act''.
SEC. 602. FINDINGS.
The Congress finds that--
(1) Congress has enacted and the President has signed into
law numerous Acts to control or prohibit large-scale driftnet
fishing both within the jurisdiction of the United States and
beyond the exclusive economic zone of any nation, including
the Driftnet Impact Monitoring, Assessment, and Control Act
of 1987 (Title IV, P.L. 100-220), the Driftnet Act Amendments
of 1990 (P.L. 101-627), and the High Seas Driftnet Fisheries
Enforcement Act (Title I, P.L. 102-582);
(2) the United States is a party to the Convention for the
Prohibition of Fishing with Long Driftnets in the South
Pacific, also known as the Wellington Convention;
(3) the General Assembly of the United Nations has adopted
three resolutions and three decisions which established and
reaffirm a global moratorium on large-scale driftnet fishing
on the high seas, beginning with Resolution 44/225 in 1989
and most recently in Decision 48/445 in 1993;
(4) the General Assembly of the United Nations adopted
these resolutions and decisions at the request of the United
States and other concerned nations;
(5) the best scientific information demonstrates the
wastefulness and potentially destructive impacts of large-
scale driftnet fishing on living marine resources and
seabirds; and
(6) Resolution 46/215 of the United Nations General
Assembly calls on all nations, both individually and
collectively, to prevent large-scale driftnet fishing on the
high seas.
SEC. 603. PROHIBITION.
The United States, or any agency or official acting on
behalf of the United States, may not enter into any
international agreement with respect to the conservation and
management of living marine resources or the use of the high
seas by fishing vessels that would prevent full
implementation of the global moratorium on large-scale
driftnet fishing on the high seas, as such moratorium is
expressed in Resolution 46/215 of the United Nations General
Assembly.
SEC. 604. NEGOTIATIONS.
The Secretary of State, on behalf of the United States,
shall seek to enhance the implementation and effectiveness of
the United Nations General Assembly resolutions and decisions
regarding the moratorium on large-scale driftnet fishing on
the high seas
[[Page S1453]] through appropriate international agreements
and organizations.
SEC. 605. CERTIFICATION.
The Secretary of State shall determine in writing prior to
the signing or provisional application by the United States
of any international agreement with respect to the
conservation and management of living marine resources or the
use of the high seas by fishing vessels that the prohibition
contained in section 603 will not be violated if such
agreement is signed or provisionally applied.
SEC. 606. ENFORCEMENT.
The President shall utilize appropriate assets of the
Department of Defense, the United States Coast Guard, and
other Federal agencies to detect, monitor, and prevent
violations of the United Nations moratorium on large-scale
driftnet fishing on the high seas for all fisheries under the
jurisdiction of the United States and, in the case of
fisheries not under the jurisdiction of the United States, to
the fullest extent permitted under international law.
TITLE VII--GOVERNING INTERNATIONAL FISHERY AGREEMENT
SEC. 701. AGREEMENT WITH ESTONIA.
Notwithstanding section 203 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1823), the
governing international fishery agreement between the
Government of the United States of America and the government
of the Republic of Estonia as contained in the message to
Congress from the President of the United States dated
January 19, 1995, is approved as a governing international
fishery agreement for the purposes of such Act and shall
enter into force and effect with respect to the United States
on the date of enactment of this Act.
Mr. KERRY. Mr. President, today I am pleased to join my
friend, the senior Senator from Alaska, in introducing the Fisheries
Act of 1995. This legislation addresses an issue of great importance to
the people of Massachusetts, the Nation and, indeed, the world--the
promotion of sustainable fisheries on a worldwide basis.
One of the world's primary sources of dietary protein, marine fish
stocks were once thought to be an inexhaustible resource. However,
after peaking in 1989 at a record 100 million metric tons, world fish
landings now have begun to decline. The current state of the world's
fisheries has both environmental and political implications. Last year,
the U.N. Food and Agriculture Organization [FAO] estimated that 13 of
17 major ocean fisheries may be in trouble. Competition among nations
for dwindling resources has become all too familiar in many locations
around the world.
The bill before us today will strengthen international fisheries
management. Among the provisions reinforcing U.S. commitments to
conserve and manage global fisheries, are the following: First,
implementation of the FAO Agreement To Promote Compliance With
International Convention and Management Measures by Fishing Vessels on
the High Seas; second, implementation of the Convention on Future
Multilateral Cooperation in the Northwest Atlantic Fisheries; third,
improved research and international cooperation with respect to
Atlantic bluefin tuna and other valuable highly migratory species;
fourth, reimbursement of United States fishermen for illegal transit
fees charged by the Canadian Government; fifth, a ban on U.S. fishing
activities in the central Sea of Okotsk; sixth, a prohibition on U.S.
participation in international agreements which undermine the U.N.
moratorium on large-scale driftnet fishing, and seventh, approval of
the governing international fishing agreement between the United States
and the Republic of Estonia.
The measures of this bill will make a substantial contribution to
U.S. leadership in the conservation and management of international
fisheries. I encourage my colleagues to join with me to support its
passage.
______
By Mr. BUMPERS:
S. 268. A bill to authorize the collection of fees for expenses for
triploid grass carp certification inspections, and for other purposes;
to the Committee on Environment and Public Works.
the triploid grass carp certification act of 1995
Mr. BUMPERS. Mr. President, these days we hear a lot about the
need to reinvent Government and make it more responsive and less
costly. Today, I am introducing legislation along with Senator Pryor
that will help the Fish and Wildlife Service achieve both these goals.
For many years, the Fish and Wildlife Service has conducted a
triploid grass carp certification program. The triploid grass carp is a
sterile fish that is used by 29 States to help control aquatic
vegetation in lakes, ponds, and reservoirs. This fish has proven to be
both effective and economical and many States prefer using it over
chemicals and pesticides.
As more and more States have legalized the use of the triploid grass
carp, they have adopted regulations requiring that the Fish and
Wildlife Service verify through certification that these fish are
sterile. If a reproducing triploid grass carp was to accidentally enter
a pond or river ecosystem it could seriously damage the habitat of
existing fish species. Certification by the Fish and Wildlife Service
ensures that the fish are ecologically sound and clears the way for
them to be shipped to various States by private producers.
Last year, the Fish and Wildlife Service conducted 550 triploid grass
carp certifications, free of charge. The cost for providing this
service was $70,000. Unfortunately, because of severe fiscal
constraints, the agency can no longer afford to absorb the costs
associated with the certification process and is moving to discontinue
the program in the next 60 days. The producers of the triploid grass
carp have informed the Fish and Wildlife Service they are willing to
pay the agency for this service, provided that the money comes back to
the agency and is used only for the triploid grass carp certification
program. The agency supports this ``fee for service'' concept but needs
congressional authorization before it can be instituted.
Mr. President, the bill I am introducing today, will give the Fish
and Wildlife Service the authority it needs to charge a user fee and
apply it to the triploid grass carp certification program. Without this
legislation, a valuable program that benefits the public will be
terminated.
I urge my colleagues to join me in support of this legislation and
look forward to its speedy passage.
Mr. President, I ask unanimous consent that the full 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. 268
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. COLLECTION OF FEES FOR TRIPLOID GRASS CARP
CERTIFICATION INSPECTIONS.
(a) In General.--The Secretary of the Interior, acting
through the Director of the Fish and Wildlife Service
(referred to in this section as the ``Director''), may charge
reasonable fees for expenses to the Federal Government for
triploid grass carp certification inspections requested by a
person who owns or operates an aquaculture facility.
(b) Availability.--All fees collected under subsection (a)
shall be available to the Director until expended, without
further appropriations.
(c) Use.--The Director shall use all fees collected under
subsection (a) to carry out the activities referred to in
subsection (a).
______
By Mr. DOLE (for Mr. Simpson):
S. 269. A bill to amend the Immigration and Nationality Act to
increase control over immigration to the United States by increasing
border patrol and investigator personnel; improving the verification
system for employer sanctions; increasing penalties for alien smuggling
and for document fraud; reforming asylum, exclusion, and deportation
law and procedures; instituting a land border user fee; and to reduce
use of welfare by aliens; to the Committee on the Judiciary.
the immigrant control and financial responsibility act
Mr. SIMPSON. Mr. President, I introduce legislation which will
provide the Immigration Service with some badly needed tools to further
the goal of achieving control over immigration. The bill will also
reduce the abuse of the public welfare system by immigrants.
For years, as chairman or ranking member of the Immigration
Subcommittee, I have advocated strong measures to control illegal
immigration so that we can maintain a legal immigration program that
will have the support of the American people. This legislation will
continue that effort by authorizing additional Border Patrol officers
and an increase in the personnel who investigate alien smuggling and
the hiring of unlawful aliens. Most important, the bill will provide
[[Page S1454]] for the establishment of a new verification system to
enable the Immigration Service, and employers, to verify the work
authority of new hires. The system will also verify the eligibility of
applicants for public assistance.
Alien smuggling has become a serious and growing problem. This
measure will provide new authority to the Justice Department to assist
them in combating what the U.N. High Commissioner for Refugees has
referred to as a ``modern day slave trade.''
The manufacture and use of fraudulent documents has reached such
proportions that one can obtain high quality Social Security cards,
driver's licenses, voter registration cards, or whatever, simply by
placing a morning order on a Los Angeles street corner and picking up
the documents later that day for less than $100. My legislation will
increase the penalty for such document fraud. It will also provide new
penalties for false statements in documents required by the Immigration
Service.
To combat the abuse of our immigration laws by persons who arrive at
our ports-of-entry with no documents, or with fraudulent documents, the
bill will provide for the expedited exclusion of such aliens. To more
effectively remove persons found to be unlawfully in the United States,
the bill will streamline our deportation proceedings.
In recent months we have seen the Attorney General's parole authority
being used to admit groups of persons for permanent residence in the
United States. This is an abuse of the spirit, if not the letter, of
the law allowing the Attorney General to parole aliens into the United
States in certain circumstances.
This bill will limit the use of parole authority to individual cases
for humanitarian reasons or significant public benefit, and will
require that the number of parolees who remain more than a year must be
offset by a reduction in regular immigration.
In recent years many unlawful aliens have discovered the key to
extending their stay in the United States. By claiming fear of
political persecution at home, they are able to delay their departure
for years as they remain here and work while awaiting their hearing.
There are over 400,000 persons in the backlog of such asylum claimants.
This legislation will make clear that asylum claimants are not
necessarily entitled to work authority, and it will provide increased
resources for addressing the asylum application backlogs.
The Refugee Act, passed nearly 15 years ago, set the ``normal flow''
of refugees to be resettled in the United States at 50,000 per year.
But the number of refugees resettled here in those 15 years has
exceeded that number by hundreds of thousands. Every single year since
the Refugee Act passed in 1980 refugee admissions have far exceeded the
``normal flow.'' This legislation will require congressional approval
for the admission of more than 50,000 refugees in a fiscal year--except
in a refugee emergency.
Thirty years ago, in order to provide a legal status for the hundreds
of thousands of Cubans who had fled Cuba after Castro's Communist
intentions became clear, Congress passed the Cuban Adjustment Act. This
allowed those Cubans who had fled the island in the 1960's to adjust to
permanent resident status after 1 year in the United States. The
persons for whom this extraordinary legislation was enacted have long
since regularized their status in the United States. Yet, the Cuban
Adjustment Act remains on the books as an anachronism that is both
unfair and unnecessary. While nearly 4 million persons await their
immigration visas in our vast immigration backlogs, some for as long as
20 years, any Cuban who gets to the United States, legally or
illegally, can get a green card after 1 year. This special treatment is
no longer justifiable and is not right. This bill will repeal the Cuban
Adjustment Act.
It has been the tradition of the United States for more than 100
years that newcomers to this country should be self-sufficient. Our
laws have long provided that those persons who are ``likely at any time
to become a public charge'' are inadmissible, and that those immigrants
who later do become ``public charges'' are deportable. These provisions
have proven to be unenforced, or unenforceable. This legislation will
make clear that an American resident or citizen who sponsors his or her
relatives will be financially responsible for them until they become
citizens. The bill also makes clear that those immigrants who do become
``public charges'' become deportable. My bill will not deny legal
immigrants access to our public welfare system--the safety net will be
there--but those immigrants who become dependent upon public assistance
will run the risk of deportation. Under this legislation any immigrant
who receives public assistance for more than 12 months will be
deportable. Illegal immigrants will be denied all public assistance
except certain emergency and child health and nutrition benefits.
Finally, this bill will impose a border crossing users fee to help
offset the cost of maintaining our border controls. This fee will raise
moneys that can be used to improve our border crossing facilities and
deter the entry of unlawful aliens.
There will be other comprehensive legislation introduced in the
Senate. And I understand the Clinton administration is working on their
own legislative package on immigration reform. I intend the legislation
I introduced today to be the basis for hearings at which we will
consider all other responsible proposals.
The Commission on Immigration Reform has provided as with serious and
thoughtful recommendations. Those that were not already in legislation
I introduced in the last Congress, I have included in this legislation,
such as a new system to verify eligibility to work in the United
States. This bill also follows the Commission's recommendation for an
enforceable contract of support, signed by the person in this country
who sponsors any immigrant relative for immigration to the United
States. This will require such a sponsor to reimburse governments which
provide the immigrant with welfare or other assistance.
The bill I introduce today focuses on illegal immigration control
issues. Our legal immigration program is also in need of thoughtful
reform and revision. I am presently drafting the legislation to
accomplish these needed reforms. I understand the Commission on
Immigration Reform will present us with their recommendations on legal
immigration reform in the early spring. I look forward to those.
To be sustainable, immigration must always serve the national
interest. We must be able to assure the American people that whatever
other goals our immigration policy may further, its overriding goal is
to serve the long-term interest of the majority of our citizens.
We have much to do on immigration reform. The election last November
demonstrated clearly that the American people wish us to ``get on with
the job.'' This bill I introduce today is the first step and other
serious steps will soon follow.
______
By Mr. SMITH (for himself, Mr. Simpson, Mr. D'Amato, Mr. Cochran,
Mr. Reid, and Mr. Gregg):
S. 270. A bill to provide special procedures for the removal of alien
terrorists; to the Committee on the Judiciary.
the alien terrorist removal act of 1995
Mr. SMITH. Mr. President, we have a major opportunity early in this
Congress to enact vitally important legislation to protect our Nation
against the scourge of international terrorism. On behalf of myself,
the distinguished chairman of the Immigration Subcommittee, Senator
Simpson, and Senators D'Amato, Cochran, Gregg, and Reid, I introduce
the Alien Terrorist Removal Act of 1995.
Mr. President, one of this Senator's greatest disappointments about
last year's crime bill was that certain members of the conference
committee from the House side insisted on stripping from it the Smith-
Simpson alien terrorist removal amendment. Apparently at the
instigation of a number of aliens' rights organizations, they killed a
sorely needed antiterrorism measure that had been proposed by the
Reagan Justice Department and actively promoted by the Bush Justice
Department. In her letter to the conferees regarding the crime bill, in
fact, Clinton administration Attorney General Janet Reno said that our
amendment is both constitutional and addresses a problem that needs to
be solved.
[[Page S1455]] FBI Director Louis Freeh has now made clear that he
shares our disappointment. A December 2, 1994, article in the Los
Angeles Times quotes Director Freeh as saying that the Justice
Department should make resurrecting the Smith-Simpson amendment one of
its highest antiterrorism legislative priorities in the 104th Congress.
Let us explain briefly what our proposal is all about. The Alien
Terrorist Removal Act of 1995 would establish a special procedure under
which classified information could be used to establish the
deportability of alien terrorists. It is designed to safeguard national
security interests, while at the same time according appropriate
protection to the constitutional due process rights of aliens.
the problem addressed by the bill
Under current law, classified information can be used to establish
the excludability of aliens, but not their deportability. Thus, when
there is insufficient unclassified information available to establish
the deportability of a terrorist alien, the Government faces two
equally unacceptable choices.
First, the Justice Department could declassify enough of its evidence
against the alien to establish his deportability. Too often, however,
that simply cannot be done because the information in question is so
sensitive that its disclosure would endanger the lives of human sources
or compromise highly sensitive methods of intelligence gathering.
The Government's second, and equally untenable, choice would be
simply to let the terrorist alien involved remain here. Unfortunately,
that is not just a hypothetical situation. It happens in real cases.
Recently, in fact, we understand, it happened in the case of an alien
terrorist who is a high-ranking member of a notorious Middle Eastern
terrorist organization. Due to the unavailability of the procedure that
would be established by our bill, that terrorist had to be allowed to
remain at large in the United States.
how the bill would solve the problem
Utilizing the existing definitions of terrorism in the Immigration
Act of 1990 and of classified information in the Classified Information
Procedures Act, our bill would establish a special alien terrorist
removal court made up of sitting U.S. district judges that is modeled
on the special court created by the Foreign Intelligence Surveillance
Act. The special court
procedure established by our bill could only be invoked when the
Justice Department certifies under seal that: First, the Attorney
General or the Deputy Attorney General has personally approved invoking
the special procedure; second, an alien terrorist is physically present
in the United States; and third, the removal of the alien in normal
public immigration proceedings would pose a risk to the national
security because it would disclose classified information.
Under our bill, once the Justice Department made those
certifications, a U.S. district judge would determine whether the
invocation of the special procedure is justified. In order for the
procedure to be invoked, the district judge would have to determine
that: First, the alien involved has been correctly identified; second,
a public deportation hearing would pose a risk to the lives of human
sources or the national security because it would disclose classified
information; and third the threat posed by the alien's physical
presence is immediate and involves the risk of death or serious bodily
harm to American citizens.
Our bill provides that if the U.S. district judge makes those
determinations, a special removal hearing would be held. The alien
would be provided the right to be present at the hearing and to be
represented by counsel, at public expense if necessary. The alien also
would be given the right to introduce evidence on his or her own behalf
and to ask the judge to issue subpoenas for witnesses. For its part,
the Justice Department would provide the U.S. district judge with the
classified information, in camera and ex parte, to establish the need
for the alien terrorist's removal.
Under our legislation, the U.S. district judge then would review the
classified information in chambers. Where possible, without
compromising the classified evidence, the Federal judge would give the
alien an unclassified summary of the evidence and/or the facts
established by that evidence. Ultimately, the Federal judge would
determine whether, considering the record as a whole, the Justice
Department has proven, by clear and convincing evidence, that the alien
is a terrorist and should be removed. Finally, under our bill, the
alien involved would be given the right to appeal to the U.S. Court of
Appeals for the Federal Circuit and to petition for a writ of
certiorari from the Supreme Court.
why the bill is constitutional
When the Bush Justice Department was in the process of deciding
whether to adopt the Reagan administration proposal that our bill
embodies, the Justice Department's Office of Legal Counsel reviewed its
constitutionality. As a result of that review, the OLC determined that
the proposal is constitutional and the Bush administration subsequently
endorsed it. When the Senate considered the Smith-Simpson amendment
late in 1993, our colleague, then-Senate Judiciary Committee Chairman
Joseph Biden, agreed. Calling the case for the constitutionality of
this proposal irrefutable, Senator Biden commented that nothing in the
proposal rises to the level of being unconstitutional. Finally, as we
have noted, when the Senate adopted our amendment and sought the
Clinton Justice Department's comments, the Department wrote to members
of the conference committee that it continues to regard our proposal as
constitutional.
The constitutionality of our bill would be determined under the test
set forth by the Supreme Court in Mathews v. Eldridge, 424 U.S. at 335.
The Court set forth these three factors to inform a court's decision,
in a given case, whether due process has been satisfied:
First, the private interest that will be affected by the
official action; second, the risk of an erroneous deprivation
of such interest through the procedures used, and the
probable value, if any, of additional or substitute
procedural safeguards; and finally, the Government's
interest, including the function involved and the fiscal and
administrative burdens that the additional or substitute
procedural requirement would entail.
Given the compelling nature of the national security interests at
stake in the rare cases in which the need for this special procedure
would arise and the protections that are afforded to the alien by our
bill, we have no doubt that our proposal is fully constitutional.
Mr. President, I urge the Judiciary Committee to hold prompt hearings
on this important measure. I would hope that it can be passed and sent
to the President in the early months of this historic 104th Congress.
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. 270
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 ``Alien Terrorist Removal Act
of 1995.''.
SEC. 2. REMOVAL OF ALIEN TERRORISTS.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
is amended by inserting the following new section:
``removal of alien terrorists
``Sec. 242C. (a) Definitions.--As used in this section--
``(1) the term `alien terrorist' means any alien described
in section 241(a)(4)(B);
``(2) the term `classified information' has the same
meaning as defined in section 1(a) of the Classified
Information Procedures Act (18 U.S.C. App. IV);
``(3) the term `national security' has the same meaning as
defined in section 1(b) of the Classified Information
Procedures Act (18 U.S.C. App. IV);
``(4) the term `special court' means the court described in
subsection (c) of this section; and
``(5) the term `special removal hearing' means the hearing
described in subsection (e) of this section.
``(b) Application for Use of Procedures.--The provisions of
this section shall apply whenever the Attorney General
certifies under seal to the special court that--
``(1) the Attorney General or Deputy Attorney General has
approved of the proceeding under this section;
``(2) an alien terrorist is physically present in the
United States; and
``(3) removal of such alien terrorist by deportation
proceedings described in sections 242, 242A, or 242B would
pose a risk to the national security of the United States
because such proceedings would disclose classified
information.
``(c) Special Court.--
[[Page S1456]] ``(1) The Chief Justice of the United States
shall publicly designate up to seven judges from up to seven
United States judicial districts to hear and decide cases
arising under this section, in a manner consistent with the
designation of judges described in section 103(a) of the
Foreign Intelligence Surveillance Act (50 U.S.C. 1803(a)).
``(2) The Chief Justice may, in the Chief Justice's
discretion, designate the same judges under this section as
are designated pursuant to 50 U.S.C. 1803(a).
``(d) Invocation of Special Court Procedure.--
``(1) When the Attorney General makes the application
described in subsection (b), a single judge of the special
court shall consider the application in camera and ex parte.
``(2) The judge shall invoke the procedures of subsection
(e), if the judge determines that there is probable cause to
believe that--
``(A) the alien who is the subject of the application has
been correctly identified;
``(B) a deportation proceeding described in sections 242,
242A, or 242B would pose a risk to the national security of
the United States because such proceedings would disclose
classified information; and
``(C) the threat posed by the alien's physical presence is
immediate and involves the risk of death or serious bodily
harm.
``(e) Special Removal Hearing.--
``(1) Except as provided in paragraph (4), the special
removal hearing authorized by a showing of probable cause
described in subsection (d)(2) shall be open to the public.
``(2) The alien shall have a right to be present at such
hearing and to be represented by counsel. Any alien
financially unable to obtain counsel shall be entitled to
have counsel assigned to represent such alien. Counsel may be
appointed as described in section 3006A of title 18, United
States Code.
``(3) The alien shall have a right to introduce evidence on
his own behalf, and except as provided in paragraph (4),
shall have a right to cross-examine any witness or request
that the judge issue a subpoena for the presence of a named
witness.
``(4) The judge shall authorize the introduction in camera
and ex parte of any item of evidence for which the judge
determines that public disclosure would pose a risk to the
national security of the United States because it would
disclose classified information.
``(5) With respect to any evidence described in paragraph
(4), the judge shall cause to be delivered to the alien
either--
``(A)(i) the substitution for such evidence of a statement
admitting relevant facts that the specific evidence would
tend to prove, or (ii) the substitution for such evidence of
a summary of the specific evidence; or
``(B) if disclosure of even the substituted evidence
described in subparagraph (A) would create a substantial risk
of death or serious bodily harm to any person, a statement
informing the alien that no such summary is possible.
``(6) If the judge determines--
``(A) that the substituted evidence described in paragraph
(5)(A) will provide the alien with substantially the same
ability to make his defense as would disclosure of the
specific evidence, or
``(B) that disclosure of even the substituted evidence
described in paragraph (5)(A) would create a substantial risk
of death or serious bodily harm to any person, then the
determination of deportation (described in subsection (f))
may be made pursuant to this section.
``(f) Determination of Deportation.--
(1) If the determination in subsection (e)(6)(A) has been
made, the judge shall, considering the evidence on the record
as a whole, require that the alien be deported if the
Attorney General proves, by clear and convincing evidence,
that the alien is subject to deportation because he is an
alien as described in section 241(a)(4)(B).
``(2) If the determination in subsection (e)(6)(B) has been
made, the judge shall, considering the evidence received (in
camera and otherwise), require that the alien be deported if
the Attorney General proves, by clear, convincing, and
unequivocal evidence, that the alien is subject to
deportation because he is an alien as described in section
241(a)(4)(B).
``(g) Appeals.--
``(1) The alien may appeal a determination under subsection
(f) to the court of appeals for the Federal Circuit, by
filing a notice of appeal with such court within 20 days of
the determination under such subsection.
``(2) The Attorney General may appeal a determination under
subsection (d), (e), or (f) to the court of appeals for the
Federal Circuit, by filing a notice of appeal with such court
within 20 days of the determination under any one of such
subsections.
``(3) When requested by the Attorney General, the entire
record of the proceeding under this section shall be
transmitted to the court of appeals under seal. The court of
appeals shall consider such appeal in camera and ex parte.''.
______
By Mr. McCONNELL:
S.J. Res. 23. A joint resolution proposing an amendment to the
Constitution of the United States to repeal the 22d amendment relating
to Presidential term limitations; to the Committee on the Judiciary.
joint resolution to repeal the 22d amendment
Mr. McCONNELL. Mr. President, it is not without a sense of
irony that I am introducing legislation today contrary to the spirit of
one of the more notable provisions in the renowned Republican Contract
With America. This resolution I put forth would repeal the Presidential
term limit--the 22d amendment to the Constitution which Republicans
hastily, and regrettably, passed nearly 50 years ago.
This is, in my view, the only term limits bill which should pass
Congress.
As we all know, the Contract with America, signed by Republican
candidates for the House of Representatives last year, included a call
for congressional term limits. Term limits are wildly popular in some
areas of the country. But term limits also are misguided, undemocratic
and a particularly bad idea for some sparsely populated States where
the clamor for them is greatest.
Fortunately, the contract promised a House vote on term limits, not
passage. That vote is a promise the House should keep. And for the
Nation's sake, it is my hope that the vote result will be a resounding
``no.''
The popular sentiment for term limits is the ultimate and, perhaps,
inevitable manifestation of public disdain for government. It is what
Congress gets for being irresponsible on the fundamentals--principally
money matters. People justifiably do not feel they are getting a return
on their investment in government. As their elected tax money managers,
so to speak, we are in the crosshairs. And they are coming after us
with term limits--a very blunt instrument of electoral revenge.
Term limits are the legislative translation of voters leaning out
their windows screaming: We're mad as hell and not going to take it
anymore.
Fifty years ago, there was such a sentiment, confined primarily to
the Republican caucus, contained in the 1940 and 1944 Republican Party
platforms, and directed at the architect of the New Deal--President
Franklin Delano Roosevelt. In 1947, a Republican congressional
majority, fresh from a virtual political exile, passed the 22d
amendment to the Constitution to limit Presidents to two terms in
office. They were determined that history not repeat itself--there
would be no more four-term Roosevelts. They would see to it.
Mr. President, not a single Republican in the House or Senate voted
against that term limit amendment in 1947. It was a brash, ill-
conceived, hastily executed and strictly partisan response to the
unprecedented tenure of President Roosevelt. As constitutional scholars
have observed, this was the first constitutional modification that
constricted voter suffrage. And Republicans should take heed, for it is
we who have been hoisted by their petard. It is poetic justice, in a
sense, that Presidents Eisenhower and Reagan are the only ones, thus
far, who have been constrained by the 22d amendment.
The Presidential term limit does not, as some have contended, argue
for congressional term limits. The 22d amendment was a mistake, Mr.
President, and that is why I am introducing today a Senate Joint
Resolution to repeal it. It would be fitting, and in the national
interest, for the Republican majority of 1995 to rectify a mistake made
by the Republican majority of 1947. Democrats hesitant to change that
which has been the status quo for half a century may want to review
President Harry S. Truman's words in favor of repeal:
What have you done? You have taken a man and put him in the
hardest job in the world, and sent him out to fight our
battles in a life and death struggle. And you have sent him
out to fight with one hand tied behind his back, because
everyone knows he cannot run for reelection.
He is still the President of the whole country, and all of
us are dependent upon him to do his job. If he is not a good
president, and you do not want to keep him, you do not have
to reelect him.
Mr. President, it is that simple. The vote gives voters the power to
limit terms. Term limits, Presidential and congressional, are
unnecessary and unwise.
____________________