[Congressional Record Volume 141, Number 24 (Tuesday, February 7, 1995)]
[Senate]
[Pages S2268-S2273]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SMITH (for himself, Mr. Grassley, Mr. Inhofe, and Mr. 
        Kempthorne):
  S. 360. A bill to amend title 23, United States Code, to eliminate 
the penalties imposed on States for noncompliance with motorcycle 
helmet and automobile safety belt requirements, and for other purposes; 
to the Committee on Environment and Public Works.


         motorcycle helmet and safety belt penalty elimination

 Mr. SMITH. Mr. President, section 153 of the Intermodal 
Surface Transportation Efficiency Act [ISTEA] of 1991 (Public Law 102-
240) penalizes States that do not institute mandatory motorcycle helmet 
and seatbelt laws. Today, I will introduce a measure to repeal this 
patently unfair provision that forces States to transfer scarce 
construction funds to other programs.
  The November elections have shown that the American people want more 
decisionmaking authority with their State and local governments as 
opposed to heavy handed Federal mandates. Furthermore, outlining how a 
State spends its own money, which is collected through the consumer gas 
tax, infringes on States' ability to control their own budgets. 
Dangling essential highway construction money in front of States to 
coerce them into adopting helmet and seatbelt laws is fiscal blackmail. 
State governments are aware of the need for safety programs and I do 
not support Washington's micromanagement of issues that should clearly 
be left up to the States.
  Mr. President, I am a strong supporter of highway safety. However, 
mandatory motorcycle and seatbelt laws do not guarantee safety. In 
fact, of the 10 safest States in which to ride 
[[Page S2269]] a motorcycle, 7 do not require mandatory helmet use for 
adults. Furthermore, New Hampshire, which does not have mandatory 
helmet and seatbelt laws, has been ranked as one of the five States 
with the best highway safety record in the Nation, as far as fatalities 
per million miles traveled.
  Mr. President, highway safety education programs are the key to 
highway safety and I believe that States have the expertise and know-
how to develop their own programs without Federal intimidation. I 
invite my colleagues to join me in supporting their States' highway 
departments and highway users by repealing helmet and seatbelt 
mandates.
                                 ______

      By Mr. D'AMATO (for himself and Mr. Moynihan):
  S. 361. A bill to amend title 38, United States Code, to provide that 
the monthly amounts paid by a State to blind disabled veterans shall be 
excluded from the determination of annual income for purposes of 
payment of pension by the Secretary of Veterans Affairs; to the 
Committee on Veterans' Affairs.


                  legislation to assist blind veterans

 Mr. D'AMATO. Mr. President, since the mid-1930's, New York 
State has paid blind disabled veterans a monthly annuity. Qualified 
veterans--of which there are less than 2,000--receive monthly payments 
of $41.66, the same amount as has been paid since the program's 
inception.
  The blind annuity has not been adjusted upward, because should a 
State decide to increase its blind annuity, the U.S. Department of 
Veterans Affairs would respond by reducing Federal pensions paid to 
these individuals by the same amount. Thus, there would be no net 
benefit for veterans receiving the annuity.
  The legislation that I and my distinguished colleague from New York, 
Senator Moynihan, are reintroducing today will prevent the VA from 
penalizing blind veterans, should any State undertake or increase a 
blind annuity. Charity begins at home. My legislation will allow States 
to compensate those who have paid a very high price in defense of our 
country, at no cost to the Federal Government.
  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. 361

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

     SECTION 1. EXCLUSION OF CERTAIN AMOUNTS FROM INCOME 
                   DETERMINATION FOR PENSION PURPOSES.

       Section 1503 of title 38, United States Code, is amended--
       (1) by striking out ``and'' at the end of paragraph (9);
       (2) by striking out the period at the end of paragraph (10) 
     and inserting in lieu thereof ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(11) amounts equal to amounts paid to a veteran by a 
     State under a program of such State to make monthly payments 
     to qualifying veterans who are blind and totally 
     disabled.''.
                                 ______

      By Ms. MIKULSKI:
  S. 362. A bill to amend the Metropolitan Washington Airports Act of 
1986 to provide for the reorganization of the Metropolitan Washington 
Airports Authority and for local review of proposed actions of the 
Airports Authority affecting aircraft noise; to the Committee on 
Commerce, Science, and Transportation.


                   washington airport act amendments

  Ms. MIKULSKI. Mr. President, today I introduce S. 362, the 
Metropolitan Washington Airports Act Amendment of 1995.
  In light of the Supreme Court's decision last month which compels 
congressional action, I am sponsoring this legislation which finally 
eliminates congressional oversight over the Airports Authority Board of 
Directors, and makes this Board more accountable to the communities it 
serves. Similar legislation was introduced in the House of 
Representatives by my colleague, Mrs. Morella of Maryland.
  This legislation will amend the Metropolitan Washington Airport Act 
of 1986 by reorganizing the Metropolitan Washington Airports Authority 
and providing for greater local involvement in the management of Dulles 
and Washington National Airports.
  I believe in strong local involvement in the management of our 
airports. The Airports Authority Board structure which was struck down 
recently by the Supreme Court did not adequately incorporate 
representation of local communities. The legislation will restore the 
involvement of communities in this region into the management of the 
Washington area airports by reorganizing the Airports Authority Board 
of Directors into 11 members who reside in the Washington, DC, region. 
These board members will be appointed by the chief executives of 
Virginia, Maryland, and the District of Columbia, the Virginia State 
legislature, or by the local council of governments.
  The legislation also ensures local involvement in any decision by the 
Washington Metropolitan Airports Authority Board of Directors which 
could result in a change in aircraft noise in the vicinity our local 
airports. The legislation mandates that a local group of citizens, the 
committee on noise abatement, be notified by the Board of any decision 
affecting noise abatement so that they have the opportunity to review 
the proposed action. In the interest of the citizens most affected by 
aircraft noise, I feel that local oversight is important in any airport 
authority decision involving the serious issue of noise abatement.
  I hope my colleagues will agree with me that airports should be 
accountable to the communities they serve, and I hope we will see 
enactment of this legislation during the 104th Congress. 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. 362

       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 ``Metropolitan Washington 
     Airports Act Amendments of 1995''.

     SEC. 2. FINDINGS.

       Section 6002(7) of the Metropolitan Washington Airports Act 
     of 1986 (49 U.S.C. App. 2451(7)) is amended--
       (1) by inserting ``declining'' after ``perceived''; and
       (2) by striking ``the growing local interest,'' and 
     inserting ``the increasing need for local planning and 
     management on a metropolitan statistical area basis,''.

     SEC. 3. AIRPORTS AUTHORITY.

       (a) Board of Directors.--Section 6007 of the Metropolitan 
     Washington Airports Act of 1986 (49 U.S.C. App. 2456) is 
     amended by striking subsections (e), (f), (g), and (h) and 
     inserting the following:
       ``(e) Board of Directors.--
       ``(1) Appointment.--The Airports Authority shall be 
     governed by a board of directors of 11 members as follows:
       ``(A) 1 member shall be appointed by the Governor of 
     Virginia.
       ``(B) 1 member shall be appointed by the Mayor of the 
     District of Columbia.
       ``(C) 1 member shall be appointed by the Governor of 
     Maryland.
       ``(D) 2 members shall be appointed by the Virginia State 
     legislature.
       ``(E) 2 members shall be appointed by those representatives 
     from Virginia local governments who are on the Board of 
     Directors of the Metropolitan Washington Council of 
     Governments.
       ``(F) 2 members shall be appointed by those representatives 
     from the District of Columbia government who are on the Board 
     of Directors of the Metropolitan Washington Council of 
     Governments.
       ``(G) 2 members shall be appointed by those representatives 
     from Maryland local governments who are on the Board of 
     Directors of the Metropolitan Washington Council of 
     Governments.

     The Chairman shall be appointed from among the members by a 
     majority vote of the members and shall serve until replaced 
     by a majority vote of the members.
       ``(2) Restrictions.--Members (A) shall serve without 
     compensation other than reasonable expenses incident to board 
     functions, and (B) must reside within the Washington Standard 
     Metropolitan Statistical Area.
       ``(3) Terms.--Member shall be appointed for terms of 4 
     years.
       ``(4) Required number of votes.--7 votes shall be required 
     to approve bond issues and the annual budget.
       ``(f) Airport Noise.--
       ``(1) Balanced environmental protection.--In order to 
     protect the public from the impact of aircraft noise and at 
     the same time provide for suitable air transportation service 
     to the Washington Standard Metropolitan Statistical Area, a 
     proposed action of the board of directors which could result 
     in a change in the impact of aircraft noise in the vicinity 
     of a Metropolitan Washington Airport may not take unless, at 
     least 60 days before the action is to take effect, the board 
     of directors--
       [[Page S2270]] ``(A) notifies, in writing, the Committee on 
     Noise Abatement at National and Dulles Airports of the 
     Washington Council of Governments of the action for the 
     purpose of allowing such committee the opportunity to review, 
     and submit comments on, the action; and
       ``(B) submits, in writing, to such committee a response to 
     any comment of such committee with respect to the action 
     within 30 days after the date of receipt of such comment.''.

     SEC. 4. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsections (b) and 
     (c), the amendments made by sections 2 and 3 shall take 
     effect on the date of the enactment of this Act.
       (b) Limitation on Applicability.--Persons appointed as 
     members of the board of directors of the Metropolitan 
     Washington Airports Authority on the date of the enactment of 
     this Act shall continue to serve on such board until their 
     respective terms expire under former section 6007(e).
       (c) Initial Appointments.--
       (1) Virginia appointments.--The Governor of Virginia shall 
     appoint under new section 6007(e)(1)(A) a person to fill the 
     vacancy of the first member appointed by the Governor of 
     Virginia under former pectin 6007(e)(1)(A) whose term expires 
     after the date of the enactment of this Act. The Virginia 
     State legislature shall appoint under new section 
     6007(e)(1)(D) persons to fill the vacancies of the second and 
     third members appointed by the Governor under former section 
     6007(e)(1)(A) whose terms expire after such date of 
     enactment. Representatives from Virginia local governments 
     shall appoint under new section 6007(e)(1)(E) persons to fill 
     the vacancies of the fourth and fifth members appointed by 
     the Governor under former section 6007(e)(1)(A) whose terms 
     expire after such date of enactment.
       (2) District of columbia appointments.-- The Mayor of the 
     District of Columbia shall appoint under new section 
     6007(e)(1)(B) a person to fill the vacancy of the first 
     member appointed by the Mayor of District of Columbia under 
     former section 6007(e)(1)(B) whose term expires after the 
     date of the enactment of this Act. Representatives from the 
     District of Columbia government shall appoint under new 
     section 6007(e)(1)(F) persons to fill the vacancies of the 
     second and third such members appointed by the Mayor under 
     former section 6007(e)(1)(B) whose terms expire after such 
     date of enactment.
       ``(3) Maryland appointments.--The Governor of Maryland 
     shall appoint under new section 6007(e)(1)(C) a person to 
     fill the vacancy of the first member appointed by the 
     Governor of Maryland under former section 6007(e)(1)(C) whose 
     term expires after the date of the enactment of this Act. 
     Representatives from Maryland local governments shall appoint 
     under new section 6007(e)(1)(G)--
       (A) a person to fill the vacancy of the second member 
     appointed by the Governor under former section 6007(e)(1)(C) 
     whose term expires after such date of enactment; and
       (B) a person to fill the vacancy of the member appointed by 
     the President under former section 6007(e)(1)(D) when the 
     term of such member expires after such date of enactment.
       (d) Definitions.--In this section, the following 
     definitions apply:
       (1) Former section 6007(e).--The term ``former section 
     6007(e)'' means section 6007(e) of the Metropolitan 
     Washington Airports Act of 1986 as in effect on the day 
     before the date of the enactment of this Act.
       (2) New section 6007(e).--The term ``new section 6007(e)'' 
     means section 6007(e) of the Metropolitan Washington Airport 
     Act of 1986, as amended by section 3 of this Act.
                                 ______

      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 363. A bill to improve water quality within the Rio Puerco 
Watershed, New Mexico, and to help restore the ecological health of the 
Rio Grande through the cooperative identification and implementation of 
best management practices that are consistent with the ecological, 
geological, cultural, sociological, and economic conditions in the 
region, and for other purposes; to the Committee on Energy and Natural 
Resources.


                        rio puerco watershed act

 Mr. BINGAMAN. Mr. President, today I am introducing 
legislation that will authorize a coordinated approach for restoration 
of the Rio Puerco Watershed, which at 7,000 square miles is the largest 
tributary to the Rio Grande in terms of area and sediment. The Rio 
Puerco was once known as New Mexico's breadbasket, with water supply 
and soil tilth to support that reputation.
  Over time, extensive ecological changes have occurred in the Rio 
Puerco Watershed, some of which have resulted in damage to the 
watershed that has seriously affected the economic and cultural well-
being of its inhabitants. This has resulted in the loss of existing 
communities that were based on the land and were self-sustaining. Mr. 
President, a healthy and sustainable ecosystem is essential to the 
long-term economic and cultural viability of the region.
  According to the Bureau of Land Management, the Rio Puerco 
contributes only 6 percent of the total water but over 50 percent of 
the sediments which enter the Rio Grande. Accelerated, progressive soil 
erosion within the basin threatens not only the sustained productivity 
of the rangeland watershed, but also the middle Rio Grande aquatic 
system, irrigators dependent on those waters, and the economic 
foundation of the Mesilla Valley dependent on Elephant Butte Reservoir.
  A substantial proportion of the rural population is concerned about 
its ability to maintain a traditional lifestyle with an economy which 
is natural resource based and dependent upon the productivity of land 
with multiple ownership. The vast Rio Puerco drainage system is a 
mosaic of land ownership and agency management. No single agency has 
watershed-wide expertise and management responsibility. It is 
imperative that the numerous agencies and individuals with resource 
management responsibility--Indian pueblos, Federal and State agencies, 
and private citizens--work
 together to develop a plan for and implement an effective Rio Puerco 
Watershed management program.

  This legislation directs the Secretary of the Interior to lead and 
coordinate a management program in the Rio Puerco Watershed with the 
advice and input of a Rio Puerco Management Committee composed of the 
various landowners, affected Indian pueblos, local, regional, State, 
and Federal governments, and other interested citizens.
  The committee will prepare a management plan to identify reasonable 
and appropriate goals and objectives for land owners and managers in 
the Rio Puerco Watershed; to describe potential alternative actions to 
meet the goals and objectives; to recommend voluntary implementation of 
appropriate best management practices on both public and private lands; 
to provide for cooperative development of management guidelines for 
maintaining and improving the ecological, cultural, and economic 
conditions on both public and private lands; and other activities that 
will promote cooperation and information sharing among those that own 
and manage land in the Rio Puerco Watershed.
  Mr. President, I am pleased that Senator Domenici is a cosponsor of 
this legislation. It is our hope that this legislation will advance the 
restoration of and maintenance of a healthy Rio Puerco Watershed that 
will serve New Mexico and its citizens in the future as well as it has 
served us in the past. We have a lot of work ahead of us. A clear path 
must be outlined and a base of authorization, from which this program 
can be funded, established. Most importantly, this legislation 
authorizes an approach that brings all of the stakeholders together. 
The Federal Government cannot, and should not, undertake this effort 
alone. The support and contributions of local citizens, tribes, 
governmental entities, and others is crucial. I urge my colleagues to 
support this legislation, and I ask unanimous consent that the full 
text of my remarks and this legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
                                 S. 363
       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 ``Rio Puerco Watershed Act of 
     1995''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) over time, extensive ecological changes have occurred 
     in the Rio Puerco watershed, including--
       (A) erosion of agricultural and range lands;
       (B) impairment of waters due to heavy sedimentation;
       (C) reduced productivity of renewable resources;
       (D) loss of biological diversity;
       (E) loss of functioning riparian areas; and
       (F) loss of available surface water;
       (2) damage to the watershed has seriously affected the 
     economic and cultural well-being of its inhabitants, 
     including--
     [[Page S2271]]   (A) loss of communities that were based on 
     the land and were self-sustaining; and
       (B) adverse effects on the traditions, customs, and 
     cultures of the affected communities;
       (3) a healthy and sustainable ecosystem is essential to the 
     long-term economic and cultural viability of the region;
       (4) the impairment of the Rio Puerco watershed has caused 
     damage to the ecological and economic well-being of the area 
     below the junction of the Rio Puerco with the Rio Grande, 
     including--
       (A) disruption of ecological processes;
       (B) water quality impairment;
       (C) significant reduction in the water storage capacity and 
     life expectancy of the Elephant Butte Dam and Reservoir 
     system due to sedimentation;
       (D) chronic problems of irrigation system channel 
     maintenance; and
       (E) increased risk of flooding caused by sediment 
     accumulation;
       (5) the Rio Puerco is a major tributary of the Rio Grande, 
     and the coordinated implementation of ecosystem-based best 
     management practices for the Rio Puerco system could benefit 
     the larger Rio Grande system;
       (6) the Rio Puerco watershed has been stressed from the 
     loss of native vegetation, introduction of exotic species, 
     and alteration of riparian habitat which have disrupted the 
     original dynamics of the river and disrupted natural 
     ecological processes;
       (7) the Rio Puerco watershed is a mosaic of private, 
     Federal, tribal trust, and State land ownership with diverse, 
     sometimes differing management objectives;
       (8) development, implementation, and monitoring of an 
     effective watershed management program for the Rio Puerco 
     watershed is best achieved through cooperation among affected 
     Federal, State, local, and tribal entities;
       (9) the Secretary of the Interior, acting through the 
     Director of the Bureau of Land Management, in consultation 
     with Federal, State, local, and tribal entities and in 
     cooperation with the Rio Puerco Watershed Committee, is best 
     suited to coordinate management efforts in the Rio Puerco 
     watershed; and
       (10) accelerating the pace of improvement in the Rio Puerco 
     watershed on a coordinated, cooperative basis will benefit 
     persons living in the watershed as well as downstream users 
     on the Rio Grande.

     SEC. 3. MANAGEMENT PROGRAM.

       (a) In General.--The Secretary of the Interior, acting 
     through the Director of the Bureau of Land Management shall--
       (1) in consultation with the Rio Puerco Management 
     Committee established by section 4--
       (A) establish a clearinghouse for research and information 
     on management within the area identified as the Rio Puerco 
     Drainage Basin, as depicted on the map entitled ``The Rio 
     Puerco Watershed'' dated June 1994, including--
       (i) current and historical natural resource conditions; and
       (ii) data concerning the extent and causes of watershed 
     impairment; and
       (B) establish an inventory of best management practices and 
     related monitoring activities that have been or may be 
     implemented within the area identified as the Rio Puerco 
     Watershed Project, as depicted on the map entitled ``The Rio 
     Puerco Watershed'' dated June 1994; and
       (2) provide support to the Rio Puerco Management Committee 
     to identify objectives, monitor results of ongoing projects, 
     and develop alternative watershed management plans for the 
     Rio Puerco Drainage Basin, based on best management 
     practices.
       (b) Rio Puerco Management Report.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of the Interior, in 
     consultation with the Rio Puerco Management Committee, shall 
     prepare a report for the improvement of watershed conditions 
     in the Rio Puerco Drainage Basin described in subsection 
     (a)(1).
       (2) Contents.--The report under paragraph (1) shall--
       (A) identify reasonable and appropriate goals and 
     objectives for landowners and managers in the Rio Puerco 
     watershed;
       (B) describe potential alternative actions to meet the 
     goals and objectives, including proven best management 
     practices and costs associated with implementing the actions;
       (C) recommend voluntary implementation of appropriate best 
     management practices on public and private lands;
       (D) provide for cooperative development of management 
     guidelines for maintaining and improving the ecological, 
     cultural, and economic conditions on public and private 
     lands;
       (E) provide for the development of public participation and 
     community outreach programs that would include proposals 
     for--
       (i) cooperative efforts with private landowners to 
     encourage implementation of best management practices within 
     the watershed; and
       (ii) involvement of private citizens in restoring the 
     watershed;
       (F) provide for the development of proposals for voluntary 
     cooperative programs among the members of the Rio Puerco 
     Management Committee to implement best management practices 
     in a coordinated, consistent, and cost-effective manner;
       (G) provide for the encouragement of, and support 
     implementation of, best management practices on private 
     lands; and
       (H) provide for the development of proposals for a 
     monitoring system that--
       (i) builds on existing data available from private, 
     Federal, and State sources;
       (ii) provides for the coordinated collection, evaluation, 
     and interpretation of additional data as needed or collected; 
     and
       (iii) will provide information to--

       (I) assess existing resource and socioeconomic conditions;
       (II) identify priority implementation actions; and
       (III) assess the effectiveness of actions taken.

     SEC. 4. RIO PUERCO MANAGEMENT COMMITTEE.

       (a) Establishment.--There is established the Rio Puerco 
     Management Committee (referred to in this section as the 
     ``Committee'').
       (b) Membership.--The Committee shall be convened by a 
     representative of the Bureau of Land Management and shall 
     include representatives from--
       (1) the Rio Puerco Watershed Committee;
       (2) affected tribes and pueblos;
       (3) the National Forest Service of the Department of 
     Agriculture;
       (4) the Bureau of Reclamation;
       (5) the United States Geological Survey;
       (6) the Bureau of Indian Affairs;
       (7) the United States Fish and Wildlife Service;
       (8) the Army Corps of Engineers;
       (9) the Natural Resources Conservation Service of the 
     Department of Agriculture;
       (10) the State of New Mexico, including the New Mexico 
     Environment Department and the State Engineer;
       (11) affected local soil and water conservation districts;
       (12) the Elephant Butte Irrigation District;
       (13) private landowners; and
       (14) other interested citizens.
       (c) Duties.--The Rio Puerco Management Committee shall--
       (1) advise the Secretary of the Interior, acting through 
     the Director of the Bureau of Land Management, on the 
     development and implementation of the Rio Puerco Management 
     Program described in section 3; and
       (2) serve as a forum for information about activities that 
     may affect or further the development and implementation of 
     the best management practices described in section 3.
       (d) Termination.--The Committee shall terminate on the date 
     that is 10 years after the date of enactment of this Act.

     SEC. 5. REPORT.

       Not later than the date that is 2 years after the date of 
     enactment of this Act, and biennially thereafter, the 
     Secretary of the Interior, in consultation with the Rio 
     Puerco Management Committee, shall transmit to the Committee 
     on Energy and Natural Resources of the Senate and to the 
     Committee on Resources of the House of Representatives a 
     report containing--
       (1) a summary of activities of the management program under 
     section 3; and
       (2) proposals for joint implementation efforts, including 
     funding recommendations.

     SEC. 6. LOWER RIO GRANDE HABITAT STUDY.

       (a) In General.--The Secretary of the Interior, in 
     cooperation with appropriate State agencies, shall conduct a 
     study of the Rio Grande that--
       (1) shall cover the distance from Caballo Lake to Sunland 
     Park, New Mexico; and
       (2) may cover a greater distance.
       (b) Contents.--The study under subsection (a) shall 
     include--
       (1) a survey of the current habitat conditions of the river 
     and its riparian environment;
       (2) identification of the changes in vegetation and habitat 
     over the past 400 years and the affect of the changes on the 
     river and riparian area; and
       (3) an assessment of the feasibility, benefits, and 
     problems associated with activities to prevent further 
     habitat loss and to restore habitat through reintroduction or 
     establishment of appropriate native plant species.
       (c) Transmittal.--Not later than 3 years after the date on 
     which funds are made available to carry out this Act, the 
     Secretary of the Interior shall transmit the study under 
     subsection (a) to the Committee on Energy and Natural 
     Resources of the Senate and to the Committee on Resources of 
     the House of Representatives.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out 
     sections 1, 2, 3, 4, and 5 a total of $7,500,000 for the 10 
     fiscal years beginning after the date of enactment of this 
     Act.
                                 ______

      By Mr. FEINGOLD:
  S. 366. A bill to amend certain Federal civil rights statutes to 
prevent the involuntary application of arbitration to claims that arise 
from unlawful employment discrimination based on race, color, religion, 
sex, national origin, age, or disability, and for other purposes; to 
the Committee on Labor and Human Resources.


                 civil rights procedures protection act

 Mr. FEINGOLD. Mr. President, today I am introducing a bill 
that I also introduced in the 103d Congress. This bill mirrors a House 
bill introduced last year by Representatives Patricia Schroeder, Edward 
Markey, and Marjorie Margolies-Mezvinsky as companion legislation to my 
original bill, S. 2012, the Protection From Coercive Employment 
Agreements Act of 1994.
   [[Page S2272]] This bill addresses a rapidly growing practice in 
employment relations--the practice of requiring employees to submit 
claims of discrimination or harassment to arbitration as a term or 
condition of employment or advancement, and prohibiting the employee 
from resolving their claim in a court of law.
  This bill amends seven specific civil rights statutes to make clear 
that the powers and procedures provided under those laws are the 
exclusive ones that apply when a claim arises. The legislation would 
invalidate existing agreements between employers and employees that 
require the employment discrimination claims to be submitted to 
mandatory arbitration.
  The statutes this will would amend are title VII of the Civil Rights 
Act of 1964, section 505 of the Rehabilitation Act of 1973, the 
Americans With Disabilities Act, section 1977 of the Revised Statutes, 
the Equal Pay Act, the Family and Medical Leave Act, and the Federal 
Arbitration Act [FAA]. The amendment to the FAA extends the protections 
of the bill to claims of unlawful discrimination that arise under State 
or local law, and other Federal laws that prohibit job discrimination.
  Mr. President, I want to reiterate that this legislation, as in the 
case of S. 2012, is in no way intended to bar the use of voluntary 
arbitration, conciliation, mediation or other informal quasi-judicial 
methods of dispute resolution. In fact, I strongly support the use of 
voluntary alternative dispute resolution methods as a way of reducing 
the caseloads of civil and criminal courts where appropriate.
  This bill closes a widening loophole in the enforcement of civil 
rights laws in our Nation. An entire industry--Wall Street--and a 
growing number of companies and firms in many other industries have 
been able to circumvent formal legal challenges to their unlawful 
employment practices in court--a right intended to be protected by the 
statutes this bill amends. Employers can tell current and prospective 
employees, ``if you want to work for us, you'll have to check your 
rights as an American citizen at the door.''
  Mr. President, this practice should be stopped now. It is simply 
unfair to require an employee to waive, in advance, his or her 
statutory right to seek remedy in a court of law, in exchange for 
employment or a promotion. This bill will restore integrity in the 
relations between employees and employers.
  I ask unanimous consent that the text of the legislation be printed 
in the Record at the conclusion of my remarks.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
                                 S. 366
       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 ``Civil Rights Procedures 
     Protection Act of 1995''.

     SEC. 2. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 
                   1964.

       Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e 
     et seq.) is amended by adding at the end the following new 
     section:


                 ``exclusivity of powers and procedures

       ``Sec. 719. Notwithstanding any Federal statute of general 
     applicability that would modify any of the powers and 
     procedures expressly applicable to a claim arising under this 
     title, such powers and procedures shall be the exclusive 
     powers and procedures applicable to such claim unless after 
     such claim arises the claimant voluntarily enters into an 
     agreement to resolve such claim through arbitration or 
     another procedure.''.

     SEC. 3. AMENDMENT TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT 
                   OF 1967.

       The Age Discrimination in Employment Act of 1967 (29 U.S.C. 
     621 et seq.) is amended--
       (1) by redesignating sections 16 and 17 as sections 17 and 
     18, respectively; and
       (2) by inserting after section 15 the following new section 
     16:


                 ``exclusivity of powers and procedures

       ``Sec. 16. Notwithstanding any Federal statute of general 
     applicability that would modify any of the powers and 
     procedures expressly applicable to a right or claim arising 
     under this Act, such powers and procedures shall be the 
     exclusive powers and procedures applicable to such right or 
     such claim unless after such right or such claim arises the 
     claimant voluntarily enters into an agreement to resolve such 
     right or such claim through arbitration or another 
     procedure.''.

     SEC. 4. AMENDMENT TO THE REHABILITATION ACT OF 1973.

       Section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 
     795) is amended by adding at the end the following new 
     subsection:
       ``(c) Notwithstanding any Federal statute of general 
     applicability that would modify any of the procedures 
     expressly applicable to a claim based on right under section 
     501, such procedures shall be the exclusive procedures 
     applicable to such claim unless after such claim arises the 
     claimant voluntarily enters into an agreement to resolve such 
     claim through arbitration or another procedure.''.

     SEC. 5. AMENDMENT TO THE AMERICANS WITH DISABILITIES ACT OF 
                   1990.

       Section 107 of the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12117) is amended by adding at the end the 
     following new subsection:
       ``(c) Notwithstanding any Federal statute of general 
     applicability that would modify any of the powers and 
     procedures expressly applicable to a claim based on a 
     violation described in subsection (a), such powers and 
     procedures shall be the exclusive powers and procedures 
     applicable to such claim unless after such claim arises the 
     claimant voluntarily enters into an agreement to resolve such 
     claim through arbitration or another procedure.''.

     SEC. 6. AMENDMENT TO SECTION 1977 OF THE REVISED STATUTES OF 
                   THE UNITED STATES.

       Section 1977 of the Revised Statutes (42 U.S.C. 1981) is 
     amended by adding at the end the following new subsection:
       ``(d) Notwithstanding any Federal statute of general 
     applicability that would modify any of the procedures 
     expressly applicable to a right to make and enforce a 
     contract of employment under this section, such procedures 
     shall be the exclusive procedures applicable to a claim based 
     on such right unless after such claim arises the claimant 
     voluntarily enters into an agreement to resolve such claim 
     through arbitration or another procedure.''.

     SEC. 7. AMENDMENT TO THE EQUAL PAY REQUIREMENT UNDER THE FAIR 
                   LABOR STANDARDS ACT OF 1938.

       Section 6(d) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206(d)) is amended by adding at the end the following 
     new paragraph:
       ``(5) Notwithstanding any Federal statute of general 
     applicability that would modify any of the powers or 
     procedures expressly applicable to a claim based on violation 
     of this subsection, such powers and procedures shall be the 
     exclusive procedures applicable to such claim unless after 
     such claim arises the claimant voluntarily enters into an 
     agreement to resolve such claim through arbitration or 
     another procedure.''.

     SEC. 8. AMENDMENT TO THE FAMILY AND MEDICAL LEAVE ACT OF 
                   1993.

       Title IV of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2601 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 406. EXCLUSIVITY OF REMEDIES.

       ``Notwithstanding any Federal statute of general 
     applicability that would modify any of the procedures 
     expressly applicable to a claim based on a right provided 
     under this Act or under an amendment made by this Act, such 
     procedures shall be the exclusive procedures applicable to 
     such claim unless after such claim arises the claimant 
     voluntarily enters into an agreement to resolve such claim 
     through arbitration or another procedure.''.

     SEC. 9. AMENDMENT TO TITLE 9 OF THE UNITED STATES CODE.

       Section 14 of title 9, United States Code, is amended--
       (1) by inserting ``(a)'' before ``This''; and
       (2) by adding at the end the following new subsection:
       ``(b) This chapter shall not apply with respect to a claim 
     of unlawful discrimination in employment if such claim arises 
     from discrimination based on race, color, religion, sex, 
     national origin, age, or disability.''.

     SEC. 10. APPLICATION OF AMENDMENTS.

       The amendments made by this Act shall apply with respect to 
     claims arising on and after the date of the enactment of this 
     Act.
                                 ______

      By Mr. DORGAN:
  S. 367. 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.


            health insurance deduction for the self-employed

  Mr. DORGAN. Mr. President, today I rise to urge my colleagues in 
Congress to work quickly to pass legislation to correct a serious 
problem affecting our Nation's farmers, ranchers, and small businesses.
  As you know, the 25-percent tax deduction for the health insurance 
costs of self-employed individuals expired on December 31, 1993. This 
provision is absolutely critical to the health care concerns of small 
business owners and farmers who conduct their businesses as sole 
proprietors. While the 25-percent health costs tax deduction enjoys 
broad bipartisan support, it was not restored last year when the 
prospects for broader health care reform collapsed.
  We should expect the outcry from small businesses to be deafening 
this 
[[Page S2273]] April unless we move quickly to extend this provision 
beyond its December 31, 1993 expiration date. Further, it is 
indefensible that our tax laws tell some businesses that they can 
deduct 100 percent of their health costs, while others, mostly smaller 
businesses, are told they can deduct none of their health care costs.
  The health of a farm family or small business owner is no less 
important than the health of the president of a large corporation, and 
the Internal Revenue Code should reflect this simple fact.
  That's way I am reintroducing legislation to restore tax fairness for 
sole proprietors who acquire health insurance coverage for themselves 
and their families. My bill would renew the 25-percent health insurance 
tax deduction as if it had not expired in December 1993. It also 
expands the current 25-percent deduction to 100 percent over the next 
several years. As a result, sole proprietors would receive the exact 
same tax treatment that large corporations now enjoy.
  Almost no one disagrees that the tax code unfairly discriminates 
against self-employed business owners with respect to health care 
costs. Yet, Congress has always scrambled to simply retain the current 
25-percent health tax deduction.
  We can no longer afford to allow this provision to be held hostage to 
sunset provisions or politics. So long as we turn a blind eye to this 
problem, millions of Americans are prevented from purchasing adequate 
and affordable health care for themselves and their families.
  We ought to move to correct this matter without further delay. This 
matter needs immediate attention.
                                 ______

      By Mr. DORGAN:
  S. 368. A bill to amend the Internal Revenue Code of 1986 to provide 
that installment sales of certain farmers not be treated as a 
preference item for purposes of the alternative minimum tax; to the 
Committee on Finance.


             tax treatment of installment sales legislation

  Mr. DORGAN. Mr. President, today I rise to introduce legislation to 
rectify a serious tax problem confronting our family farmers.
  The Internal Revenue Service [IRS] has, in my opinion, mistakenly 
taken a position that may preclude our farmers from using deferred 
payment grain contracts, which have been routinely used in their 
businesses for decades. In my judgment, the IRS' position imposes an 
unintended and unacceptable financial hardship on the farming industry.
  Let me briefly explain. For years, family farmers have used deferred 
payment grain contracts to sell their commodities to grain elevators to 
help manage the business income. A typical grain contract between a 
farmer and grain elevator calls upon a farmer to sell and deliver grain 
to a grain elevator--often because the farmer does not have adequate 
storage--for a fixed amount. In many cases, one or more payments paid 
by the elevator to the farmer under the contract occur after the close 
of the farmer's taxable year.
  For regular tax purposes, farmers are allowed to defer income from 
the deferred payments under the grain contracts in computing their 
regular tax liability. But because the IRS apparently views all 
deferred payment grain contracts as installment sales, it now requires 
them to add back this income in computing the Alternative Minimum Tax 
[AMT] in the tax year preceding the year of payment. As a result, 
thousands of family farmers are facing hefty tax bills because they are 
being whip-sawed by an AMT provision which effectively repeals their 
ability to use such contracts.
  To make matters worse, many farmers were advised by tax experts that 
some kinds of traditional deferred payment grain contracts do not 
amount to an installment sale that would required and AMT calculation. 
For this reason, they did not make an AMT adjustment on their income 
tax returns. Now they are being told by the IRS that they owe large tax 
bills on income that they will not receive until later.
  That is why I am introducing legislation to ensure that our family 
farmers are allowed to engage in deferred payment transactions and get 
the same kind of tax treatment they have always received.
  I do not believe that Congress intended this kind of tax treatment 
for farmers using deferred payment grain contracts for legitimate 
business purposes. It seems to me that the IRS position is based upon 
an incorrect interpretation which ignores the fact that our family 
farmers are, by law, permitted to manage their business operations on a 
cash basis.
  My bill would simply make clear the original intent of Congress in 
the Tax Acts of 1986 and 1987, which was to allow farmers to continue 
to receive the tax benefit provided from the use of cash method 
accounting and from installment sales for their deferred payment grain 
transactions.
  I urge my colleagues to include this much-needed legislation in any 
revenue measure considered by the Senate this year.


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