[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.


                          ____________________