[Congressional Record Volume 141, Number 64 (Thursday, April 6, 1995)]
[Senate]
[Pages S5419-S5452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



     Sec. 801. Child support enforcement and assurance 
         demonstrations
       Section 801 requires the Secretary to fund grants to 3 
     States for demonstrations, beginning in FY 1998 and lasting 
     from 7 to 10 years, providing assured levels of child support 
     for children for whom paternity and support have been 
     established. The projects would be administered by the State 
     IV-D agency or the State department of taxation and revenue. 
     Annual benefit levels set by States could range from $1,500 
     to $3,000 for a family with one child, and from $3,000 to 
     $4,500 for a family with four or more children. States could 
     require absent parents with insufficient income to pay 
     support to work off support by participating in work 
     programs.
       Ninety percent Federal matching would be available from 
     appropriations for payments to States under title IV-D, but 
     total Federal funds available for these demonstrations would 
     be capped at $27,000,000 for FY 1998; $55,000,000 for FY 
     1999; $70,000,000 for each of FYs 2000 through 2003; and 
     $55,000,000 for FY 2004. This section authorizes 
     appropriation of $10 million for FY 1998, to remain available 
     until expended, for the Secretary's costs for evaluating 
     demonstrations under this section.
     Sec. 802. Social Security Act demonstrations
       Section 802 amends section 1115(c) of the Act (which 
     currently requires that IV-D demonstrations not result in 
     increased costs to the Federal Government under AFDC) to 
     require instead that such demonstrations not result in an 
     increase in total costs to the Federal Government.


                 Title IX--Access and Visitation Grants

     Sec. 901. Grants to States for access and visitation programs
       Section 901 adds a new section 469A of the Act providing a 
     new capped entitlement program of grants to States for 
     programs to support and facilitate noncustodial parents' 
     access to and visitation of their children. The program would 
     be funded at $5 million for each of FYs 1997 and 1998, and 
     $10 million per year thereafter; Federal funding would be 
     available to match 90 percent of a State's expenditures up to 
     the amount of its allotment under a formula based on the 
     numbers of children living with only one biological parent. 
     State programs could be administered by the CSE agency either 
     directly or through courts, local public agencies, or non-
     profit private entities, and could be Statewide or 
     geographically limited.


                      Title X--Effect of Enactment

     Sec. 1001. Effective dates
       Section 1001 provides that, except as otherwise specified--
       Provisions of this title requiring enactment of State laws 
     or revision of State IV-D plans shall become effective 
     October 1, 1996; and
       All other provisions of this title become effective upon 
     enactment,

     subject to provisos--
       Affording a State until after the end of the next State 
     legislative session beginning after enactment, in the case of 
     any provision of this title requiring enactment or amendment 
     of State laws; and
       Affording a State up to 5 years to comply if a State 
     constitutional amendment is required to permit compliance.
     Sec. 1002. Severability
       Section 1002 provides that the provisions of this title are 
     severable, and that any provision found invalid will not 
     affect the validity of any other provision which can be given 
     effect without regard to the invalid provision.
                                                                    ____

         Office of Child Support Enforcement, Department of 
           Finance and Administration,
                                  Little Rock, AR, March 30, 1995.
     Hon. David Pryor,
     U.S. Senator, Russell Building,
     Washington, DC.
       Dear Senator Pryor: We share your concern regarding the 
     future of the children and families of Arkansas and the 
     nation. Congress is considering sweeping changes to reform 
     the welfare system that will affect families struggling to 
     support their children. An effective child support 
     enforcement program is a essential part of that reform. 
     Regular child support payments must be ensured if single 
     parent families are to have financial security necessary for 
     children to thrive and to be successful citizens and relieve 
     the burden of taxpayers.
       As child support enforcement professionals, we support the 
     efforts of congress to improve the present program. We 
     realize the importance of our role in empowering individuals 
     to become self-sufficient and we embrace the challenges 
     ahead. Our mission is to provide assistance to children and 
     families in obtaining financial and medical support through 
     locating parents, establishing paternity and support 
     obligations, and enforcing those obligations. Our vision for 
     the future is to put children first by helping parents assume 
     responsibility for the social and economic well-being and 
     health of their children.
       To accomplish these goals we must have improved and uniform 
     enforcement remedies that reach across state lines. We must 
     also have improved operational support from both the state 
     and federal government and increased funding. While other 
     programs may lend themselves to block grants, nonpayment of 
     child support transcends state lines and requires some 
     uniformity in enforcement. Competing state interests affect 
     state legislation more readily than at the federal level. 
     Many state child support programs welcome federal mandates of 
     proven enforcement and operational remedies to assist them in 
     acquiring effective collection tools. Not all mandates are 
     bad. Much of the progress in child support has come about 
     through federal mandates and the resulting uniformity from 
     state to state has been most beneficial.
       Child support advocates and professionals agree on much of 
     what is needed to improve the program nationwide. They 
     include the following:
       1. Central Registry of Child Support Orders--States should 
     be required to develop and implement a central registry of 
     all child support orders. State central registries should be 
     formatted similarly to form a national central registry of 
     child support orders.
       2. Central Collection Systems--It is difficult to enforce 
     child support orders because of the variety of collection 
     points. To enforce an order, payments made or not made must 
     be accounted for to determine past due support. With child 
     support payments being paid directly to custodial parents, 
     court clerks or local agencies it becomes a time consuming 
     process to collect payment records from different sources in 
     order to determine past due arrears. Central payment 
     processing has proven to be effective and efficient where 
     implemented. Central processing enables IV-D agencies to 
     monitor delinquencies in child support cases and allows 
     [[Page S5420]] for expedited enforcement remedies to be 
     implemented immediately upon delinquency. Many of the IV-D 
     agency's cases have been delinquent for months or years when 
     they enter the caseload. Central monitoring is essential if 
     we as a nation are to have an effective child support 
     program. Collections should not become delinquent. If they do 
     become delinquent, immediate enforcement actions must be 
     taken.
       3. New Hire Reporting--New hire reporting has proven 
     effective in fifteen states. It is an effective tool to 
     locate job hoppers. Employers report new hires to the state 
     IV-D agency or in cooperation with state employment security 
     agencies when a new employee is hired. At present, there is 
     no good way to locate a job hopper for at least one quarter 
     of the year when withholding is first reported. Custodial 
     parents cannot wait that long to feed and clothe their 
     children. There are those who feel that this is too heavy a 
     burden upon employers. It need not be. It cold be as simple 
     as forwarding a copy of a W-4 form. We have found employers 
     to be responsive and concerned about child support issues. 
     When new hire reporting was erroneously reported as having 
     passed our legislature, employers called wanting to know how 
     to report new hires. There was no opposition in the employer 
     community but certain business interests presented strong 
     opposition to the measure. It is difficult to win approval 
     for such a measure on the local level and to do so requires 
     federal leadership.
       4. License Revocation--License suspension or revocation is 
     a proven and effective administrative procedure to compel
      payment of past due arrears. It is somewhat controversial 
     because of vested interest and licensing agencies 
     reluctance to participate, but it has proven to be 
     effective in Maine, California and Arkansas. Nineteen 
     states have adopted some form of license suspension or 
     revocation. To be an effective remedy all states need to 
     have access to licensing revocation and suspension. For 
     interstate enforcement a request to suspend a license in 
     another state would be most beneficial and would be a 
     deterrent to nonpayers to flee from one state to another 
     to avoid paying child support.
       In addition to new enforcement techniques, support from the 
     federal government not just in dollars and cents but in 
     cooperation is paramount if we are to solve the national 
     nonsupport problem. Federal government agencies have 
     information we need to locate nonpaying noncustodial parents 
     and their assets. Yet, it is difficult to obtain that 
     information, it is outdated or; if provided, cannot be used 
     without additional verification.
       1. Social Security Administration--We recommend that 
     Congress pass laws that would require the Social Security 
     Administration (SSA) to provide information to the child 
     support agencies for the purpose of determining the location 
     and the ability of the noncustodial parent to pay support. 
     Currently, information from SSA is available through the 
     Federal Parent Locator Service. However, the information that 
     we receive is minimal and outdated. We need to know if a 
     noncustodial parent has filed a claim for benefits, the 
     amount of benefits paid to the noncustodial parent and the 
     children, the amount of any lump sum payment to the 
     noncustodial parent or the custodial parent. This information 
     is vital in determining support obligations and arrearage.
       2. IRS Locate and Asset Information--The IRS provides a 
     valuable service in the form of the Federal Tax Offset 
     program. Information on income is available from 1099 files. 
     However, The Internal Revenue Service (IRS) has some concerns 
     with regard to safeguarding the information it shares with 
     state child support agencies and does not want the 
     information shared with anyone who is not a state employee. 
     Many states have contracted with local jurisdictions or 
     private entities, since 1975 in some states, to provide child 
     support services in their areas. After 20 years, the IRS has 
     suddenly raised issues of safeguarding confidentiality. These 
     contractors are agents or designees of the state and are 
     entitled to the same level of information as state employees 
     performing the same functions. Confidentiality is a high 
     priority
      for all child support professionals and the information we 
     gather is used solely to establish or enforce child 
     support obligations. The Department of Defense has 
     contractors that have access to secure information that 
     could affect national security, certainly child support 
     contractors should have access to all information needed 
     to pursue a case. Something is very wrong when an agency 
     of the federal government can throw up road blocks to 
     obtaining information on delinquent noncustodial parents 
     affecting the ability of a child to receive the support he 
     deserves.
       3. IRS Full Collection--The IRS full collection process 
     could be a valuable enforcement tool. However, our experience 
     has been that child support cases receive a low priority when 
     referred to the IRS field office. We suggest that Congress 
     provide funding for staff and resources to enhance the full 
     collection process and require that child support cases 
     receive priority over all other collection cases.
       4. Automated Systems--The new child support data systems 
     being developed nationwide are sorely needed to manage the 
     growing number of delinquent child support cases. These 
     systems will assist child support workers who have caseloads 
     of 500 to 1000 cases to be more productive and enhance their 
     ability to make child support collections. However, the 
     resources of both the private vendors and states have been 
     exhausted in their attempt to make fifty statewide systems 
     operational by the deadline date. Few states will be up and 
     running by October 1, 1995 and the rush to get ``something 
     up'' by October 1 will produce inferior systems. There are 
     numerous reasons why these projects are in trouble. One of 
     the chief reasons for delay in implementation was that the 
     final federal regulations were not issued until October 1992 
     and the certification requirements were not issued until June 
     1993. Both the state and the federal government have enormous 
     sums of money invested. We should get our moneys worth. By 
     extending the deadline for one more year to October 1, 1996 
     without approving any additional funds for furthering the 
     project, state administrators will be allowed the opportunity 
     to make these projects successful. If there is no extension, 
     there is going to be mass confusion on or about October 1, 
     when all states try to bring up these new systems nationwide. 
     It does not make good sense to allow this to occur. We, 
     therefore, recommend an extension to October 1, 1996 at
      the 90% FFP rate with no additional funding allowed other 
     than those funds previously approved in the state's 
     Advance Planning Documents.
       The 1993 Amendments to the Omnibus Budget Reconciliation 
     Act (OBRA) required states to establish programs that provide 
     a simple civil process for unmarried parents to voluntarily 
     acknowledge paternity for their children. In Arkansas, all 56 
     birthing centers are assisting parents by providing 
     information on establishing paternity and completing the 
     necessary forms. Since the program implementation date of 
     January 25, 1994, over 4,500 acknowledgements have been 
     signed. The acknowledgements are matched to the existing IV-D 
     caseload on a continual basis. To date, twenty-five percent 
     (25%) of the signed acknowledgements have been identified as 
     IV-D cases. To be truly successful, the program should be 
     extended to encompass postnatal follow-up to provide yet 
     another opportunity for parents to acknowledge the paternity 
     of their children. The IV-D agencies will follow-up with 
     families that receive child support services. However, the 
     Public Health agencies have an opportunity through public 
     education, nutrition, immunization and home health services 
     to reach the parents that are not served by the IV-D program. 
     We suggest that Congress provide a funding mechanism for the 
     public health agencies, Headstart and any other agencies 
     concerned with the welfare of children and families, to 
     provide paternity acknowledgement services to their clients.
       Federal regulations require states to periodically review 
     and adjust child support orders utilizing state guidelines. 
     We agree that periodic review is essential to ensure that the 
     children receive the support they deserve and that parents 
     are ordered to pay a fair and reasonable amount. The process 
     by which review and adjustment is accomplished is restrictive 
     and incompatible with states' Rules of Civil Procedure. 
     States should have more flexibility to determine the process 
     by which review and adjustment is accomplished. One 
     alternative might be the award of Cost of Living Allowances 
     (COLA). This method could be automated and more evenly 
     applied.
       Arkansas has implemented an administrative process to 
     revoke or suspend Commercial Driver's License of noncustodial 
     parents who are six (6) months behind in their child support 
     obligations. In less than six months of operation, we have 
     collected over $106,000. A total of 107 commercial driver's 
     licenses have been suspended, 12 licenses have been 
     reinstated and 70 noncustodial parents have signed agreements 
     to pay the delinquent accounts and avoid suspension of their 
     licenses. One of the most difficult case for us to collect is 
     the independent truck driver. With this program, drivers are 
     detained in weigh stations throughout the nation or at their 
     terminals until the child support issues are resolved. 
     Arkansas has recently extended the license suspension for
      nonpayment of child support to all business and professional 
     licenses, hunting and fishing licenses and permanent 
     license plates. We recommend that all states be required 
     to suspend licenses to include all professional/business 
     licenses, regular drivers' licenses and personal vehicles, 
     trucks, boats and airplanes registered in the state. 
     States have found that the most successful programs are 
     administrative and automated. Congress should consider 
     requiring state IV-D agencies to implement such 
     administrative programs and provide funding for licensing 
     boards to become automated with electronic links to the 
     IV-D agencies.
       No one wants to discuss funding in today's environment. 
     However, there is a direct relationship between the amount of 
     child support collected and the ratio of child support 
     workers per case. The more workers, the more child support is 
     collected. At some point there would be diminishing returns, 
     but this is not likely in the foreseeable future. Originally, 
     states received 75% FFP plus incentives on collections. Only 
     AFDC cases were mandated. Over the years since the program 
     began, FFP has decreased to 66% plus 6-10% incentives on AFDC 
     cases and 6-10% on non-AFDC cases. Incentives on non-AFDC 
     collections are capped at 115% of AFDC collections, creating 
     somewhat of a disincentive to work non-AFDC cases. During the 
     same time period that federal financial participation was 
     decreasing, Congress mandated services to non-AFDC clients 
     and Medicaid recipients, increasing caseloads 
     [[Page S5421]] dramatically. Caseloads, nationally, have 
     increased by 128% with collections increasing by 345% during 
     the same period, FFP has decreased by 5.7%. States are 
     continually asked to do more with less funding, which has 
     contributed to the growing problem of uncollected child 
     support.
       While the intent of the current proposal being considered 
     is to provide some relief and to redistribute federal dollars 
     among states, it is important to understand the effect of the 
     proposed funding scheme. Under the proposed distribution 
     rules, states will lose dollars in the form of retained AFDC 
     collections which provide match dollars for half of the 
     states. Currently, states can earn more than 100% funding. 
     Some make a profit. Under the new scheme, the best a state 
     can do is 90% FFP. Since many states pass incentives on to 
     the contractors providing services in some local 
     jurisdictions, many local offices will be asked to enter into 
     contracts knowing that they will experience at least a 10% 
     loss each year or state cost will increase. Once again, as 
     Congress attempts to improve the nation's child support 
     problem, a funding cut is proposed. We know that more dollars 
     must be invested in caseworkers and automation if we are to 
     work more cases and collect more child support. Why then 
     reduce funding to state programs by at least 10% when you 
     want them to do more? If we are to remove custodial parents 
     from welfare and make parents financially responsible for 
     their children, a strong child support program is essential. 
     A return to the 75% FFP plus incentives would be helpful and 
     we recommend that incentives by sufficient to allow for a 
     100% reimbursement. Any funds over 100% should be returned to 
     the federal government.
       We greatly appreciate your interest in child support 
     enforcement. Thank you for the opportunity to express our 
     views on these very important issues. We join in your 
     commitment to assist the children and families of Arkansas 
     and the nation to realize their full potential.
           Sincerely,
                                                Judy Jones Jordan,
                                                    Administrator.
                                 ______

      By Mr. MURKOWSKI (for himself and Mr. Grassley):
  S. 688. A bill to provide for the minting and circulation of $1 
silver coins; to the Committee on Banking, Housing, and Urban Affairs.


                The U.S. Silver Dollar Coin Act of 1995

 Mr. MURKOWSKI. Mr. President, today I am introducing 
legislation that would permit the minting of a $1 silver-plated coin 
with a likeness of President Dwight D. Eisenhower on the front and a 
rendering of the Iwo Jima monument on the reverse side of the coin. I 
am pleased that Senator Grassley is joining in this effort that will 
provide a boost to our domestic silver mining industry and could serve 
to reduce the Federal deficit.
  Our currency system has not been significantly altered over the past 
century even though the economy has fundamentally changed. Not long 
ago, an individual could use one coin--a nickel, dime, or quarter--to 
purchase a coke from a vending machine or ride a bus. Today, that's 
just not possible. Vending machines require two, three, or four coins, 
or, even worse, a dollar bill. And you know how frustrating those 
dollar bill readers can be on vending machines and Metro fare machines. 
To make matters worse, a dollar bill reader on a vending machine costs 
$400 to $500--an utterly unnecessary cost if a dollar coin were 
available.
  According to the Coin Coalition, processing dollar coins instead of 
dollar bills would save the mass transit industry alone more than $124 
million a year. The Los Angeles County Metropolitan Transportation 
Authority would save $3.5 million a year if it did not have to expend 
the time and labor in processing--unwrinkling dollar bills. Those 
savings could be used too buy 24 new buses to move people instead of 
paper. The Chicago Transit Authority does its own bill-unfolding, at a 
cost of $22 per thousand. Processing coins costs just $1.64 per 
thousand.
  In addition, many economists project that a dollar coin could save 
the Federal Government several million dollars. Although coins cost 
more to mint than dollar bills to print, coins last far longer. A bill 
wears out in an average of about 17 months while coins can last 30 
years.
  Since this is the 50th anniversary of the allied victory in World War 
II, I believe it is appropriate that the new coin present a likeness of 
President Eisenhower who also served as the Supreme Commander in 
Europe. The rendition of the raising of the flag on Mount Surabachi on 
Iwo Jima has become a symbol of the dedication and valor of our Armed 
Forces in restoring freedom in the Pacific.
  I hope my colleagues will join me in getting this coin modernization 
enacted into law this year.
  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. 688

       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 ``United States Silver Dollar 
     Coin Act of 1995''.

     SEC. 2. ONE-DOLLAR COINS.
       (a) Color and Content.--Section 5112(b) of title 31, United 
     States Code, is amended--
       (1) in the first sentence, by striking ``The dollar,'' and 
     inserting ``The''; and
       (2) by inserting after the fourth sentence the following: 
     ``The dollar coin authorized under subsection (a)(1) shall be 
     silver in color, shall have a distinctive edge and have 
     tactile and visual features that make the denomination of the 
     coin readily discernible, shall be minted and fabricated in 
     the United States, and shall have metallic and anti-counter-
     feiting properties similar to those of United States clad 
     coinage, except that the dollar coin shall be a clad coin 
     with 3 layers of metal, including 2 outer layers of silver. 
     The dollar coin authorized under subsection (a)(1) shall 
     contain not less than 1 gram of newly mined fine silver.''.
       (b) Adjustments to Silver Content.--Section 5112(c) of 
     title 31, United States Code, is amended by adding at the end 
     the following: ``Notwithstanding subsection (b), the 
     Secretary may prescribe the weight of silver in the dollar 
     coin if the Secretary determines that such action is 
     necessary to ensure an adequate supply of dollar coins to 
     meet the needs of the United States.''.
       (c) Design.--Section 5112(d)(1) of title 31, United States 
     Code, is amended--
       (1) in the fourth sentence, by striking ``the dollar, half 
     dollar,'' and inserting ``the half dollar''; and
       (2) by striking the fifth and sixth sentences and inserting 
     the following: ``The obverse side of the dollar coin shall 
     bear a likeness of President Dwight D. Eisenhower and the 
     reverse side shall bear a rendering of the Iwo Jima 
     Memorial.''.
       (d) Effective Date.--Not later than 30 months after the 
     date of enactment of this Act, the Secretary of the Treasury 
     shall place into circulation the one-dollar coins authorized 
     by section 5112(a)(1) of title 31, United States Code, in 
     accordance with the amendments made by subsections (a), (b), 
     and (c).
                                 ______

      By Mrs. MURRAY:
  S. 689. A bill to amend the Solid Waste Disposal Act regarding the 
use of organic sorbents in landfills, and for other purposes; to the 
Committee on Environment and Public Works.


            THE LANDFILL TECHNICAL IMPROVEMENTS ACT OF 1995

 Mrs. MURRAY. Mr. President, I am introducing today the 
Landfill Technical Improvement Act of 1995. This legislation will allow 
us to maximize technical advances of the last decade in carrying out 
our Nation's environmental protection strategy. It will also promote 
small business and entrepreneurship and help our Nation complete in the 
global market for new, environment driven technologies.
  By passing the 1984 Hazardous and Solid Waste amendments, Congress 
required the Environmental Protection Agency [EPA] to issue regulations 
restricting the disposal of organic absorbents in hazardous waste 
landfills. In the past decade, however, developments in natural 
absorbent technologies show more efficiency than traditional sorbents 
produced for fossil fuels.
  For example, a company in Bellingham, WA, manufactures organic 
sorbents from a local paper mill's sludge. Sludge recycled into 
productive use is kept out of landfills. This small company employs 20 
to 30 Washingtonians and, with other similar companies across the 
country, seeks to expand in the marketplace with this new, recycled 
product.
  Normal landfill conditions are anaerobic, and studies have shown that 
no biodegradtion takes place in the anaerobic environment of landfills. 
Thus, in this anaerobic environment of RCRA landfills, these sorbents 
will not degrade. These organic absorbents, made totally from reclaimed 
materials, may actually outperform current chemical absorbents. 
However, because of the 1984 amendments and subsequent EPA regulations, 
these absorbents have been effectively shut out from disposition in 
landfills.
  This disposition issue threatens to undermine the existence of these 
new technologies, since that which cannot be disposed economically will 
not be [[Page S5422]] used. Moreover, innovative and environmentally 
conscious technologies, such as those developed by this small company 
in my State, are discriminated against.
  The administration has clearly stated its preference for such 
recycled/reclaimed materials, but this flawed regulation has prejudiced 
the widespread availability and use of these products. This is to the 
detriment of our national environmental goals.
  This bill remedies this situation, allowing the fullest use of 
environmentally sound landfill technologies.
                                 ______

      By Mr. AKAKA (for himself, Mr. Campbell, and Mr. Dorgan):
  S. 690. A bill to amend the Federal Noxious Week Act of 1974 and the 
Terminal Inspection Act to improve the exclusion, eradication, and 
control of noxious weeds and plants, plant products, plant pests, 
animals, and other organisms within and into the United States, and for 
other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.


        THE FEDERAL NOXIOUS WEED CONTROL IMPROVEMENT ACT OF 1995

 Mr. AKAKA.
 Mr. President, today I am introducing the Federal Noxious Weed Control 
Improvement Act of 1995. Senators Campbell and Dorgan have joined me as 
cosponsors of this bill. The objective of this legislation is to curb 
the wave of noxious weeds that is sweeping over productive rangeland, 
agricultural land, and native ecosystems across America.

  I hope my colleagues saw the article on invasive alien species that 
appeared in the New York Times magazine last November. It vividly 
described the threats to the tropical ecosystems of Hawaii posed by 
nonindigenous species. In Hawaii, gorse, ivy gourd, and the banana poka 
vine are ravaging native forest and rangeland. But Hawaii is not alone 
in facing this threat. Nearly 200 species of troublesome imported weeds 
infest the continental United States.
  We see evidence of this problem within a few miles of the Capitol. 
Drive to the edge of the Potomac or through Rock Creek Park and you 
will see impenetrable mats of hydrilla and honeysuckle. Another weed, 
kudzu, topples grown trees and smothers shrubs and plants. In New 
England, Oriental bittersweet and porcelain berry vine cause similar 
damage. Purple loosestrife has decimated wetlands across the country 
from Maine to Washington.
  Leafy spurge, spotted knapweed, cheatgrass, thistle, salt cedar, and 
Medusa-head cover millions of acres of grasslands in Montana, Idaho, 
Oregon, and Washington. All of these weeds are foreign to the United 
States. Some are toxic to livestock. Others are heavy consumers of 
water, or fuel forest and rangeland fires. These weeds ruin the 
grasslands for birds, elk, and grizzly bears. In Montana alone, 
cattlemen suffer millions of dollars of forage losses due to spotted 
knapweed. At its current rate of spread, Montana's projected losses due 
to spotted knapweed could exceed $100 million by the year 2000. Another 
weed, leafy spurge, occupies over 2.5 million acres in 30 States. 
Nationwide, $100 million in direct and indirect losses to livestock are 
attributable to leafy spurge.
  The cost of weed control and losses due to weed infestation are 
estimated at over $20 billion per year, more than the combined losses 
for all other pests.
  Nearly 16 million acres of Federal land are infested with noxious 
weeds. On Bureau of Land Management lands, weed infestation expands at 
a rate of 2,000 acres per day. If current trends continue, a quarter of 
BLM lands in the continental United States could be overrun with weeds 
by the turn of the century.
  At least one hundred of our national parks face serious harm to their 
natural resources as a result of invasive foreign plants. Everglades 
National Park and Big Cypress National Preserve are overrun by the 
Australian melaleuca tree. More than 400,000 acres of the everglades 
are infested by this tree, and 50 additional acres are consumed each 
day. Wildlife habitat and water supplies are also threatened by 
maleleuca in the Loxahatchee National Wildlife Refuge. Another tree, 
the Brazilian pepper, is crowding out the mangroves along Florida's 
southwestern coast. Both of these alien trees make habitat unsuitable 
for native water birds.
  Competition from 25 exotic plants threatens the habitat of rare 
plants in Great Smoky Mountains National Park. Among the damaging 
species are stink tree, multi-flora rose, and an imported grass with a 
scientific name I won't even attempt to pronounce.
  River margins and rare desert springs in the beautiful slickrock 
parks of Utah, including Canyonlands and Zion National Parks, as well 
as in Death Valley National Park, have become overgrown with tamarisk, 
a tree which literally sucks the water out of the ground, depriving 
wildlife and native plants of precious water supplies.
  Efforts to safeguard private and public land from these threats are 
grossly inadequate. In 1993, the Congressional Office of Technology 
Assessment called U.S. efforts to counter the effects of invasive 
exotic species ``a largely uncoordinated patchwork of laws, 
regulations, policies, and programs.''
  The Secretary of Agriculture is responsible for preventing noxious 
weeds from entering the country either accidentally or as intentional 
imports, as well as for spearheading
 control efforts for those noxious weeds that have already become 
established. However, the Federal Noxious Weed Act of 1974 has not been 
an effective tool to address this problem.

  Under current law, the Secretary of Agriculture must wait until a 
weed is an established, documented nuisance before action can be taken. 
That's like waiting until the cows have run away before you close the 
barn door.
  For example, tropical soda apple, a plant in the nightshade family, 
was introduced from Brazil into pastures in Florida. It was first 
observed in 1987 and now occupies more than 400,000 acres in Florida. 
Although cattle cannot eat the plant because of its sharp spines, seeds 
from this invasive weed easily contaminate hay and other forages. 
Tropical soda apple presents a particularly difficult control problem 
because seeds are passed through cattle manure. In Mississippi, 
Alabama, and Georgia, more than 20 outbreaks have been linked to cattle 
purchased in Florida. Tropical soda apple can also be transported in 
commercially packaged manure used for gardening. Despite the danger and 
the relative ease of dealing with the original infestation, it took the 
U.S. Department of Agriculture 8 years to declare it a noxious weed. 
During that time, the problem has become so widespread that containment 
may be beyond hope.
  To correct weaknesses in the Federal Noxious Weed Act of 1974, my 
bill would grant emergency authority to prohibit the entry of foreign 
weeds that have not been formally added to the Federal noxious weed 
list. Weeds could also be added to the list through a petition process. 
Also, the bill would prohibit the international movement of Federal 
noxious weeds across State lines except under permit. Finally, this 
legislation would establish a Noxious Weed Technical Advisory Group to 
evaluate weed species, develop appropriate classification criteria for 
noxious weeds, and make recommendations to implement the act.
  As the hearings that I chaired during the 103d Congress clearly 
demonstrated, the lack of coordination between Federal agencies that 
are responsible for the control of alien weeds is a serious problem. 
Twenty-four Federal agencies located in 8 different Cabinet departments 
have responsibility for pest control. They enforce more than an dozen 
major laws, and a host of minor ones.
  With so many statutes and so many agencies, Federal policy resembles 
a piece of swiss cheese, and noxious, foreign pests are streaming 
through the holes in policy and enforcement. Hawaii and other States 
suffer the consequences of piecemeal Federal enforcement.
  I ask my colleagues to support the prompt passage of this bill. I 
hope that we can consider this legislation as part of the 1995 farm 
bill. All of our constituents will benefit from a stronger and more 
secure foundation for agriculture and conservation of our natural 
resources.
  I ask unanimous consent that the text of the Federal Noxious Weed 
Control Improvement Act of 1995 be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S5423]]

                                 S. 690

       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 ``Federal Noxious Weed Control 
     Improvement Act of 1995''.
                         TITLE I--NOXIOUS WEEDS

     SEC. 101. IMPROVEMENT IN THE EXCLUSION, ERADICATION, AND 
                   CONTROL OF NOXIOUS WEEDS IN THE UNITED STATES.

       The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et 
     seq.) is amended to read as follows:
     ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       ``(a) Short Title.--This Act may be cited as the `Foreign 
     and Federal Noxious Weed Act'.
       ``(b) Table of Contents.--The table of contents of this Act 
     is as follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Findings.
``Sec. 3. Definitions.

``TITLE I--MOVEMENT OF FEDERAL NOXIOUS WEED INTO OR THROUGH THE UNITED 
                                 STATES

``Sec. 101. Movement of Federal noxious weed into or through the United 
              States.
``Sec. 102. Identification of Federal noxious weeds.
``Sec. 103. Quarantines.
``Sec. 104. Measures to prevent dissemination of foreign and Federal 
              noxious weeds.
``Sec. 105. Search of persons, premises, and goods.
``Sec. 106. Penalties.
``Sec. 107. Cooperation with other Federal, State, and local agencies.
``Sec. 108. Authorization of appropriations.

    ``TITLE II--MANAGEMENT OF UNDESIR- ABLE PLANTS ON FEDERAL LANDS

``Sec. 201. Definitions.
``Sec. 202. Federal agency involvement.
``Sec. 203. Authorization of appropriations.

                    ``TITLE III--GENERAL PROVISIONS

``Sec. 301. Effect on inconsistent State and local laws.
``Sec. 302. Regulations.
     ``SEC. 2. FINDINGS.

       ``Congress finds that--
       ``(1) the importation or introduction in interstate 
     commerce of foreign noxious weeds, except under controlled 
     conditions, is detrimental to the environment, agriculture, 
     and commerce of the United States and to the public health in 
     that the growth and spread of weeds in the United States--
       ``(A) interfere with the growth of useful plants;
       ``(B) clog waterways and interfere with navigation;
       ``(C) cause disease or have other adverse effects on the 
     environment; and
       ``(D) directly or indirectly interfere with natural 
     resources, agriculture, forestry, native ecosystems, and the 
     management of ecosystems;
       ``(2) uncontrolled distribution within the United States of 
     foreign noxious weeds, after importation or introduction of 
     the weeds, has similar detrimental effects;
       ``(3) the distribution of noxious weeds poses long-term 
     problems for natural resources, agriculture, and native or 
     natural ecosystems and ecosystem management, including--
       ``(A) economic injury to natural resources, agriculture, 
     and the economy of the United States;
       ``(B) impedance of interstate and foreign commerce; and
       ``(C) diminishment of biodiversity in native ecosystems of 
     the United States; and
       ``(4) in light of the adverse consequences of uncontrolled 
     importation or distribution of foreign noxious weeds, the 
     regulation of foreign noxious weeds as provided in this Act 
     is necessary to protect interstate and foreign commerce and 
     the public welfare.

     ``SEC. 3. DEFINITIONS.

       ``As used in this Act:
       ``(1) Advisory panel.--The term `Advisory Panel' means the 
     Noxious Weed Technical Advisory Panel established under 
     section 102(e).
       ``(2) Authorized inspector.--The term `authorized 
     inspector' means an employee of the Department, or an 
     employee of any other agency of the Federal Government or of 
     any State or other governmental agency that is cooperating 
     with the Department in the administration of this Act, who is 
     authorized by the Secretary to perform assigned duties under 
     this Act.
       ``(3) Department.--The term ``Department'' means the United 
     States Department of Agriculture.
       ``(4) Emergency.--The term `emergency' means an unforeseen 
     combination of circumstances or the resulting state that 
     calls for immediate action, as determined by the Secretary.
       ``(5) Federal noxious weed.--The term `Federal noxious 
     weed' means a foreign noxious weed that is identified as 
     appropriate for control under this Act and included in the 
     Federal noxious weed list established pursuant to a 
     regulation issued under section 102(b).
       ``(6) Federal noxious weed list.--The term `Federal noxious 
     weed list' means the list prepared by the Secretary that 
     contains the names of all Federal noxious weeds.
       ``(7) Foreign noxious weed.--The term `foreign noxious 
     weed' means a plant species, including all reproductive parts 
     of the species, that the Secretary determines--
       ``(A) is of foreign origin;
       ``(B) can directly or indirectly interfere with an 
     agroecosystem, native ecosystem, or the management of an 
     ecosystem, or cause injury to public health; and
       ``(C)(i) has not been introduced into the United States;
       ``(ii) is determined by the Secretary to be likely to be 
     introduced into the United States;
       ``(iii) is new to the United States; or
       ``(iv) has not expanded beyond susceptibility to 
     containment within a geographic region or ecological range of 
     the United States.
       ``(8) Interfere.--The term `interfere' means to injure, 
     harm, or impair an agroecosystem or native or natural 
     ecosystem in the environment or commerce.
       ``(9) Interstate movement.--The term `interstate movement' 
     means movement from any State into or through any other 
     State.
       ``(10) Move.--The term `move' means deposit for 
     transmission in the mails, ship, offer for shipment, offer 
     for entry, import, receive for transportation, carry, or 
     otherwise transport.
       ``(11) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture or a designee of the Secretary.
       ``(12) State.--The term `State' means a State, the District 
     of Columbia, the Commonwealth of Puerto Rico, and a territory 
     or possession of the United States.
       ``(13) United states.--The term `United States', when used 
     in a geographic sense, means all of the States and 
     territories and possessions.
``TITLE I--MOVEMENT OF FEDERAL NOXIOUS WEED INTO OR THROUGH THE UNITED 
                                 STATES

     ``SEC. 101. MOVEMENT OF FEDERAL NOXIOUS WEED INTO OR THROUGH 
                   THE UNITED STATES.

       ``(a) Permit Required.--No person shall knowingly move any 
     Federal noxious weed, into or through the United States or 
     interstate, unless the movement is--
       ``(1) authorized under a general or specific permit from 
     the Secretary; and
       ``(2) made in accordance with such conditions as the 
     Secretary may prescribe in the permit and in such regulations 
     as the Secretary may issue under section 302 to prevent the 
     dissemination into or within the United States, or 
     interstate, of the Federal noxious weed.
       ``(b) Refusal To Issue Permit.--
       ``(1) In general.--The Secretary may refuse to issue a 
     permit under subsection (a) for the movement of a Federal 
     noxious weed if the Secretary determines that the movement 
     would involve a danger of dissemination of the Federal 
     noxious weed into or within the United States or interstate.
       ``(2) Reason for refusal.--If the Secretary refuses to 
     issue a permit under paragraph (1), the Secretary shall 
     publish the reasons for the refusal in the Federal Register.
       ``(c) Prohibitions.--No person shall knowingly sell, 
     purchase, barter, exchange, give, deliver, or receive any 
     Federal noxious weed that has been moved in violation of 
     subsection (a).

     ``SEC. 102. IDENTIFICATION OF FEDERAL NOXIOUS WEEDS.

       ``(a) Federal Noxious Weeds List.--The Secretary shall 
     maintain a Federal noxious weed list containing the names of 
     all Federal noxious weeds identified by the Secretary under 
     subsection (b).
       ``(b) Inclusion by Regulation.--
       ``(1) Regulation process.--
       ``(A) In general.--Except as provided in paragraph (2), a 
     plant species may be identified as a Federal noxious weed and 
     included in the Federal noxious weed list only pursuant to a 
     regulation issued by the Secretary.
       ``(B) Notice and hearing.--The regulation shall be issued 
     only after publication of a notice of the proposed regulation 
     and, when requested by any interested person, a public 
     hearing on the proposed regulation.
       ``(C) Basis.--The regulation shall--
       ``(i) be based on the information received at any such 
     hearing, comments, and other information available to the 
     Secretary; and
       ``(ii) require a determination by the Secretary that--

       ``(I) the plant is a foreign noxious weed (within the 
     meaning of section 3(7)); and
       ``(II) the dissemination of the weed in the United States 
     may reasonably be expected to interfere with natural 
     resources, agriculture, forestry, or a native ecosystem or 
     the management of an ecosystem, or cause injury to public 
     health.

       ``(2) Emergency designation.--
       ``(A) In general.--In an emergency, the Secretary may 
     temporarily designate a plant species as a Federal noxious 
     weed if the Secretary determines that the plant species meets 
     the definition of a foreign noxious weed.
       ``(B) Duration.--The temporary designation shall remain in 
     effect until the Secretary initiates and completes the 
     regulation process in accordance with paragraph (1).
       ``(C) Notice.--The Secretary shall provide notice of the 
     temporary designation to interested parties, including 
     importers, State agencies, and the general public, at the 
     time the emergency is declared.
       ``(c) Additions to and Removals From Noxious Weed List.-- 
     [[Page S5424]] 
       ``(1) Petition process.--
       ``(A) In general.--Any interested person may petition the 
     Secretary to add a plant species to, or remove a plant 
     species from, the Federal noxious weed list.
       ``(B) Determination.--To the maximum extent practicable, 
     not later than 90 days after receiving a petition, the 
     Secretary shall determine whether the petition presents an 
     assessment of potential damage based on scientific 
     information indicating that the plant species involved should 
     be added to or removed from the Federal noxious weed list.
       ``(C) Publication.--The Secretary shall publish each 
     determination made under this paragraph in the Federal 
     Register.
       ``(2) Review by advisory panel.--If the Secretary 
     determines that a petition presents scientific information 
     described in paragraph (1)(B), the Secretary shall forward 
     the petition to the Advisory Panel for the review and advice 
     of the panel.
       ``(3) Findings.--Not later than 1 year after receiving a 
     petition under paragraph (1) determined to present scientific 
     information described in paragraph (1)(B), and after 
     considering the advice of the Advisory Panel, the Secretary 
     shall make 1 of the following findings:
       ``(A) The petitioned action is not warranted.
       ``(B) The petitioned action is warranted, in which case 
     (except as provided in subparagraph (C)) the Secretary shall 
     commence the procedure described in subsection (b)(1) to add 
     the plant species involved to, or remove the plant species 
     from, the Federal noxious weed list.
       ``(C) The petitioned action is warranted, except that--
       ``(i) immediate promulgation of a regulation implementing 
     the petitioned action is precluded by pending proposals to 
     identify Federal noxious weeds; and
       ``(ii) expeditious progress is being made to add the plant 
     species to the Federal noxious weed list.
       ``(4) Publication.--The Secretary shall publish a finding 
     made under paragraph (3) in the Federal Register, with a 
     description and evaluation of the reasons and data on which 
     the finding is based.
       ``(d) Classification System and Integrated Management 
     Plan.--
       ``(1) Classification system.--The Secretary shall develop a 
     classification system to describe the status and action 
     levels for foreign noxious weeds and Federal noxious weeds. 
     The classification system shall include, for each foreign 
     noxious weed or Federal noxious weed, the current geographic 
     distribution, relative threat, and actions initiated to 
     prevent introduction or distribution.
       ``(2) Integrated management plan.--The Secretary shall 
     develop an integrated management plan for each foreign 
     noxious weed or Federal noxious weed introduced into the 
     United States for the geographic region or ecological range 
     where the weed is found in the United States. The plan may 
     include the use of a permanent or temporary quarantine 
     established under section 103.
       ``(3) Consultation.--The Secretary shall develop the 
     classification system and integrated management plans in 
     consultation with the Advisory Panel.
       ``(e) Noxious Weed Technical Advisory Panel.--
       ``(1) Establishment.--The Secretary shall appoint a Noxious 
     Weed Technical Advisory Panel consisting of 6 individuals 
     to--
       ``(A) assist the Secretary in--
       ``(i) the identification of foreign noxious weeds for 
     inclusion on the Federal noxious weed list;
       ``(ii) the development of integrated management plans; and
       ``(iii) other matters relating to the administration of 
     this Act; and
       ``(B) recommend to the Secretary any foreign noxious weed 
     that should be added to or deleted from the Federal noxious 
     weed list.
       ``(2) Members.--The members of the Advisory Panel shall be 
     appointed by the Secretary from among persons who have 
     professional or working knowledge of agroecosystems or native 
     or natural ecosystems management. In appointing the members, 
     the Secretary shall ensure that there is 1 representative 
     from each of the North Central, Northeastern, Southern, 
     Southwestern, Northwestern, and Western regions of the United 
     States, and that each of following entities is represented:
       ``(A) An environmental organization.
       ``(B) A State agency with weed management responsibility.
       ``(C) A land grant college or university.
       ``(D) A weed science society.
       ``(E) A trade association.
       ``(F) An ecologist.
       ``(3) Ex officio members.--The Advisory Panel shall also 
     include a representative of each of the following agencies, 
     who shall serve as exofficio members of the Advisory Panel:
       ``(A) The Animal and Plant Health Inspection Service of the 
     Department.
       ``(B) The Agricultural Research Service of the Department.
       ``(C) A Representative of the Federal Interagency Committee 
     for the Management of Noxious and Exotic Weeds.
       ``(D) A Federal agency with land management 
     responsibilities.
       ``(4) Compensation.--A member of the Advisory Panel who is 
     not a Federal employee shall receive compensation while on 
     official business in the form of reimbursement for travel and 
     per diem expenses, to be paid by the Secretary in accordance 
     with subchapter I of chapter 57 of title 5, United State 
     Code.
       ``(5) Annual report.--The Advisory Panel shall submit to 
     the Secretary, the Committee on Agriculture of the House of 
     Representatives, and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate an annual report describing the 
     activities of the Advisory Panel during the preceding year.

     ``SEC. 103. QUARANTINES.

       ``(a) In General.--The Secretary may establish by 
     regulation such quarantines as are necessary to prevent the 
     importation or introduction, or control the distribution, of 
     a Federal noxious weed.
       ``(b) Temporary Quarantine.--
       ``(1) Authorized.--If the Secretary has reason to believe 
     that an infestation of a foreign noxious weed exists in any 
     State, the Secretary may by order--
       ``(A) temporarily quarantine the State or a portion of the 
     State; and
       ``(B) restrict or prohibit the interstate movement from the 
     quarantined area of any products and articles of any 
     character, and means of conveyance, capable of carrying the 
     foreign noxious weed.
       ``(2) Time period of quarantine.--A temporary quarantine 
     ordered under paragraph (1) may not extend for more than 1 
     year after the date on which the order is issued, unless the 
     order is renewed by the Secretary.
       ``(3) Expedited consideration for listing.--Not later than 
     the end of the 1-year period referred to in paragraph (2), 
     the Secretary shall determine whether or not the foreign 
     noxious weed involved should be added to the Federal noxious 
     weed list established pursuant to section 102(b). The 
     Secretary shall make the determination in consultation with 
     the Advisory Panel.
       ``(c) Prohibition.--It shall be unlawful for any person to 
     move interstate or intrastate from a quarantined area any 
     product, article, or means of conveyance specified in the 
     regulation or order establishing the quarantine, except in 
     accordance with the regulation or order.
       ``(d) Relationship of Quarantines to Other Activities.--The 
     establishment of a quarantine shall not be required in order 
     for the Secretary to regulate the interstate movement, sale, 
     or distribution of a foreign noxious weed.

     ``SEC. 104. MEASURES TO PREVENT DISSEMINATION OF FOREIGN AND 
                   FEDERAL NOXIOUS WEEDS.

       ``(a) Emergency Disposal.--
       ``(1) Disposal authority.--Subject to subsection (c), if 
     the Secretary determines that action under this paragraph is 
     necessary as an emergency measure to prevent the 
     dissemination of any foreign noxious weed or Federal noxious 
     weed, the Secretary may seize, quarantine, treat, destroy, or 
     otherwise dispose of any product or article of any character, 
     or means of conveyance, that--
       ``(A) is moving into or through the United States or 
     interstate, with bond or otherwise; and
       ``(B) the Secretary has reason to believe is infested by 
     the foreign noxious weed or Federal noxious weed, in 
     violation of this Act or any regulation issued under this 
     Act.
       ``(2) Method of disposal.--Subject to subsection (c), the 
     Secretary may dispose of a product, article, or means of 
     conveyance seized under this subsection in such manner as the 
     Secretary considers appropriate.
       ``(b) Orders Requiring Disposal.--
       ``(1) Disposal orders.--
       ``(A) In general.--Subject to subsection (c), the Secretary 
     may order the owner (or agent of the owner) of any product, 
     article, or means of conveyance contaminated with a foreign 
     noxious weed or Federal noxious weed subject to disposal 
     under subsection (a) to treat, destroy, or otherwise dispose 
     of the product, article, or means of conveyance of a foreign 
     noxious weed or Federal noxious weed, without cost to the 
     Federal Government and in such manner as the Secretary 
     considers appropriate.
       ``(B) Enforcement.--The Secretary may apply to the United 
     States District Court or the judicial district in which the 
     owner or agent resides or transacts business or in which the 
     product, article, means of conveyance of a foreign noxious 
     weed or Federal noxious weed is found, for enforcement of the 
     order by injunction.
       ``(C) Process.--Process in the case may be served in any 
     judicial district in which the defendant resides or transacts 
     business or may be found. A subpoena for a witness who is 
     required to attend a court in any judicial district in such a 
     case may be served in any other judicial district.
       ``(c) Destruction, Export, or Return as the Least Drastic 
     Action.--No product, article, or means of conveyance shall be 
     destroyed, exported, or returned to the shipping point of 
     origin, or ordered to be destroyed, exported, or returned to 
     the shipping point of origin under this section, unless in 
     the opinion of the Secretary there is no less drastic action 
     that would be adequate to prevent the dissemination of a 
     foreign noxious weed or Federal noxious weed within the 
     United States or interstate.
       ``(d) Civil Action Against United States by Owner.--
       ``(1) In general.--The owner of any product, article, or 
     means of conveyance destroyed or otherwise disposed of by the 
     Secretary under this section may bring an action against the 
     United States in a Federal district court, not later than l 
     year after the [[Page S5425]] destruction or disposal, to 
     recover just compensation for the destruction or disposal 
     (other than compensation for loss due to delays incident to 
     determining the eligibility of the product, article, or 
     conveyance for movement under this Act), if the owner 
     establishes that the destruction or disposal was not 
     authorized under this Act.
       ``(2) Payment of judgment.--Any judgment rendered in favor 
     of the owner shall be paid out of sums in the Treasury of the 
     United States appropriated for the administration of this 
     Act.

     ``SEC. 105. SEARCH OF PERSONS, PREMISES, AND GOODS.

       ``(a) Warrantless Searches.--An authorized inspector, if 
     properly identified, shall have the authority, without a 
     warrant, to stop any person or means of conveyance moving 
     into or through the United States, and to inspect any product 
     or article of any character moving into or through the United 
     States, if the authorized inspector has probable cause to 
     believe that the person or means of conveyance is moving a 
     foreign noxious weed or Federal noxious weed regulated under 
     this Act, or a product or article containing a foreign 
     noxious weed or Federal noxious weed regulated under this 
     Act.
       ``(b) Warrant Searches.--
       ``(1) In general.--An authorized inspector shall have 
     authority, with a warrant, to enter any premises in the 
     United States for purposes of an inspection or other action 
     necessary to carry out this Act.
       ``(2) Issuance of warrants.--A judge of the United States 
     or of a court of record of any State, or a United States 
     magistrate judge, may within the jurisdiction of the judge or 
     magistrate judge, on proper oath or affirmation showing 
     probable cause to believe that there are on certain premises 
     any product, article, or means of conveyance contaminated 
     with a foreign noxious weed or Federal noxious weed plant 
     regulated under this Act, issue a warrant for the entry of 
     the premises for purposes of any inspection or other action 
     necessary to carry out this Act, except as otherwise provided 
     in section 107.
       ``(3) Execution of warrants.--The warrant may be executed 
     by any authorized inspector or any United States marshal.

     ``SEC. 106. PENALTIES.

       ``(a) In General.--Any person who knowingly violates 
     section 101 or 103, or any regulation issued to carry out 
     section 101 or 103, shall be fined not more than $100,000 or 
     imprisoned not more than 1 year, or both.
       ``(b) Pecuniary Gain or Loss.--If any person derives 
     pecuniary gain from an offense described in subsection (a), 
     or if the offense results in pecuniary loss to a person other 
     than the defendant, the defendant may be fined not more than 
     an amount that is the greater of twice the gross gain or 
     twice the gross loss, unless imposition of a fine under this 
     subsection would unduly complicate or prolong the imposition 
     of a fine or sentence under subsection (a).

     ``SEC. 107. COOPERATION WITH OTHER FEDERAL, STATE, AND LOCAL 
                   AGENCIES.

       ``(a) Cooperation Authorized.--
       ``(1) In general.--The Secretary shall cooperate with other 
     Federal agencies, agencies of States and political 
     subdivisions of States, agriculture producer associations and 
     similar organizations, and individuals in carrying out 
     operations or measures in the United States to prevent, 
     retard, eradicate, suppress, control, or manage the spread of 
     a foreign noxious weed or Federal noxious weed.
       ``(2) Cooperators.--The Secretary may appoint employees of 
     other Federal agencies, and employees of agencies of any 
     State or political subdivision of the State, to assist in the 
     administration of this Act, pursuant to cooperative 
     agreements with the agencies, if the Secretary determines 
     that the appointments would facilitate administration of this 
     Act.
       ``(b) Conditions on Cooperation.--In performing an 
     operations or measure authorized by subsection (a), the 
     cooperating State or other governmental agency shall be 
     responsible for the authority necessary to carry out the 
     operation or measure on all lands and properties, subject to 
     coordination with landowners and land managers within the 
     State or other jurisdiction involved.

     ``SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     such sums as are necessary to carry out this title.
       ``(b) Limitation.--Unless specifically authorized in other 
     laws or provided for in appropriations, no part of sums made 
     available under subsection (a) shall be used to pay the cost 
     or value of property disposed of under section 104.
    ``TITLE II--MANAGEMENT OF UNDESIR- ABLE PLANTS ON FEDERAL LANDS

     ``SEC. 201. DEFINITIONS.

       ``As used in this title:
       ``(1) Cooperative agreement.--The term `cooperative 
     agreement' means a written agreement between a Federal agency 
     and a State agency entered into pursuant to this title.
       ``(2) Federal agency.--The term `Federal agency' means a 
     department or agency of the Federal Government responsible 
     for administering or managing Federal lands under the 
     jurisdiction of the department, agency, or bureau.
       ``(3) Federal land.--The term `Federal land' means land 
     managed by or under the jurisdiction of the Federal 
     Government.
       ``(4) Integrated management system.--The term `integrated 
     management system' means a system for the planning and 
     implementation of a program, using an interdisciplinary 
     approach, to comprehensively manage an undesirable plant 
     species or group of species using all available methods, 
     including--
       ``(A) education;
       ``(B) preventive measures;
       ``(C) physical or mechanical methods;
       ``(D) biological agents;
       ``(E) herbicide methods;
       ``(F) cultural methods; and
       ``(G) general land management practices, such as 
     manipulation of livestock or wildlife grazing strategies or 
     improving wildlife or livestock habitat.
       ``(5) Interdisciplinary approach.--The term 
     `interdisciplinary approach' means an approach to making 
     decisions regarding the containment or control of an 
     undesirable plant species or group of species, that--
       ``(A) includes participation by personnel of Federal or 
     State agencies with experience in areas including weed 
     science, range science, wildlife biology, land management, 
     and forestry; and
       ``(B) includes consideration of--
       ``(i) the most efficient and effective method of containing 
     or controlling the undesirable plant species over the long 
     term;
       ``(ii) scientific studies and current technologies;
       ``(iii) the physiology and habitat of a plant species and 
     the associated environment of the plant species; and
       ``(iv) the economic, social, ecological, and human health 
     consequences of carrying out the approach.
       ``(6) State agency.--The term `State agency' means a State 
     department of agriculture, or other State agency or political 
     subdivision of a State, responsible for the administration or 
     implementation of laws of the State regulating undesirable 
     plants.
       ``(7) Undesirable plant.--The term `undesirable plant' 
     means a plant species that is classified as undesirable, 
     noxious, harmful, exotic, injurious, or poisonous, pursuant 
     to State or Federal law. A species listed as an endangered or 
     threatened species under the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.) shall not be designated as an 
     undesirable plant under this paragraph and the term shall not 
     include a plant indigenous to an area where control measures 
     are to be taken under this title.

     ``SEC. 202. FEDERAL AGENCY INVOLVEMENT.

       ``(a) Duties of Agencies.--The head of each Federal agency 
     shall--
       ``(1) designate an office and person adequately trained in 
     the management of undesirable plants to develop and 
     coordinate an undesirable plant management program for the 
     control of undesirable plants on Federal land under the 
     jurisdiction of the agency;
       ``(2) establish and adequately fund an undesirable plant 
     management program through the budgetary process of the 
     agency;
       ``(3) complete and carry out cooperative agreements with 
     State agencies regarding the management of undesirable plants 
     on Federal land under the jurisdiction of the agency; and
       ``(4) establish integrated management systems to control or 
     contain undesirable plants targeted under cooperative 
     agreements.
       ``(b) Environmental Impact Statements.--If an environmental 
     assessment or environmental impact statement is required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) to carry out an integrated management 
     system to manage undesirable plants under this section, a 
     Federal agency shall complete the assessment or statement not 
     later than 1 year after the requirement for the assessment or 
     statement is determined.
       ``(c) Cooperative Agreements With State Agencies.--
       ``(1) In general.--A Federal agency shall enter into a 
     cooperative agreement with a State agency to coordinate the 
     management of undesirable plants on Federal land under the 
     jurisdiction of the Federal agency.
       ``(2) Contents of plan.--A cooperative agreement entered 
     into pursuant to paragraph (1) shall--
       ``(A) prioritize and target undesirable plants or groups of 
     undesirable plants to be controlled or contained within a 
     specific geographic area;
       ``(B) describe the integrated management system to be used 
     to control or contain the targeted undesirable plants or 
     group of undesirable plants; and
       ``(C) detail the means of carrying out the integrated 
     management system, define the duties of the Federal agency 
     and the State agency in carrying out the system, and 
     establish a timeframe for the initiation and completion of 
     the tasks specified in the system.
       ``(d) Exception.--A Federal agency shall not be required to 
     carry out programs on Federal land under this section unless 
     similar programs are being carried out generally on State or 
     private land in the same area.
       ``(e) Coordination.--
       ``(1) In general.--The Secretary of Agriculture, Secretary 
     of Defense, Secretary of Energy, Secretary of the Interior, 
     and Secretary of Transportation, acting through the Federal 
     Interagency Committee for the Management of Noxious and 
     Exotic Weeds, shall take such actions as are necessary to 
     coordinate Federal agency programs for control, research, and 
     educational efforts associated with Federal, State, and 
     locally designated noxious weeds.
       ``(2) Duties.--The Federal Interagency Committee for the 
     Management of Noxious [[Page S5426]] and Exotic Weeds, in 
     consultation with the appropriate Assistant Secretaries, 
     shall--
       ``(A) identify regional priorities for noxious weed control 
     in cooperation with the appropriate States;
       ``(B) incorporate into technical guides regionally 
     appropriate technical information; and
       ``(C) disseminate the technical information to interested 
     State, local, and private entities.
       ``(3) Cost share assistance.--The Secretary may provide 
     cost share assistance to State and local agencies to manage 
     noxious weeds in an area if a majority of landowners in the 
     area agree to participate in a noxious weed management 
     program.

     ``SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title such sums as are necessary for fiscal years 1995 
     through 1999.
                    ``TITLE III--GENERAL PROVISIONS

     ``SEC. 301. EFFECT ON INCONSISTENT STATE AND LOCAL LAWS.

       ``This Act shall not invalidate the law of any State or 
     political subdivision of a State relating to foreign noxious 
     weeds or Federal noxious weeds, except that a State or 
     political subdivision of a State may not permit any action 
     that is prohibited under this Act.

     ``SEC. 302. REGULATIONS.

       ``The Secretary may issue such regulations as are necessary 
     to carry out this Act.''.
     SEC. 102. EFFECT OF AMENDMENT ON PREVIOUS LISTING OF NOXIOUS 
                   WEEDS.

       (a) Definition of Noxious Weed.--In this section, the term 
     ``noxious weed'' has the meaning given the term in section 
     3(c) of the Federal Noxious Weed Act of 1974 (7 U.S.C. 
     2802(c)), as in effect on the day before the date of 
     enactment of this Act.
       (b) Inclusion on New Federal List of Noxious Weeds.--Each 
     noxious weed identified by the Secretary of Agriculture in a 
     regulation issued before the date of enactment of this Act 
     shall be considered to be a Federal noxious weed and included 
     on the Federal noxious weed list for purposes of the Foreign 
     and Federal Noxious Weed Act (as amended by section 101).
                  TITLE II--STATE TERMINAL INSPECTION

     SEC. 201. INSPECTION OF ANIMALS AND OTHER ORGANISMS.

       The matter under the heading ``Enforcement of the plant-
     quarantine Act:'' under the heading ``MISCELLANEOUS'' of the 
     Act of March 4, 1915 (commonly known as the ``Terminal 
     Inspection Act'') (38 Stat. 1113, chapter 144; 7 U.S.C. 166) 
     is amended--
       (1) in the second paragraph--
       (A) by striking ``plants and plant products'' each place it 
     appears and inserting ``plants, plant products, animals, and 
     other organisms'';
       (B) by striking ``plants or plant products'' each place it 
     appears and inserting ``plants, plant products, animals, or 
     other organisms'';
       (C) by striking ``plant-quarantine law or plant-quarantine 
     regulation'' each place it appears and inserting ``plant-
     quarantine or other law or regulation''; and
       (D) in the last sentence, by striking ``be forward'' and 
     inserting ``be forwarded''; and
       (2) in the third paragraph, by striking ``plant or plant 
     product'' and inserting ``plant, plant product, animal, or 
     other organism''.

     SEC. 202. INSPECTION OF ITEMS ON STATE LISTS.

       The second sentence of the second paragraph of the matter 
     under the heading ``Enforcement of the plant-quarantine 
     Act:'' under the heading ``MISCELLANEOUS'' of the Act of 
     March 4, 1915 (commonly known as the ``Terminal Inspection 
     Act'') (38 Stat. 1113, chapter 144; 7 U.S.C. 166) is 
     amended--
       (1) by striking ``Upon his approval of said list, in whole 
     or in part, the Secretary of Agriculture'' and inserting ``On 
     the receipt of the list by the Secretary of Agriculture, the 
     Secretary''; and
       (2) by striking ``said approved lists'' and inserting ``the 
     list''.

     SEC. 203. WARRANTS.

       The second paragraph of the matter under the heading 
     ``Enforcement of the plant-quarantine Act:'' under the 
     heading ``MISCELLANEOUS'' of the Act of March 4, 1915 
     (commonly known as the ``Terminal Inspection Act'') (38 Stat. 
     1113, chapter 144; 7 U.S.C. 166) is amended by inserting 
     after the second sentence the following: ``On the request of 
     a representative of a State, a Federal agency shall act on 
     behalf of the State to obtain a warrant to inspect mail to 
     carry out this paragraph.''.
                                 ______

      By Mr. SHELBY (for himself, Mr. Stevens, Mr. Inouye, Mr. 
        Thurmond, Mr. Mack, and Mr. Heflin):
  S. 691. A bill to amend title XVIII of the Social Security Act to 
provide for coverage of early detection of prostate cancer and certain 
drug treatment services under part B of the medicare program, to amend 
chapter 17 of title 38, United States Code, to provide for coverage of 
such early detection and treatment services under the programs of the 
Department of Veterans' Affairs, and to expand research and education 
programs of the National Institutes of Health and the Public Health 
Service relating to prostate cancer; to the Committee on Finance.


        the prostate cancer diagnosis and treatment act of 1995

  Mr. SHELBY. Mr. President, today I am introducing the Prostate Cancer 
Diagnosis and Treatment Act of 1995. Prostate cancer is the leading 
cancer and the second leading cause of cancer death among American men. 
Over 215,000 Americans will be diagnosed with the disease this year and 
over 40,000 men will die from it.
  Despite recent advances in the early detection and treatment of 
prostate cancer, the number of cases and the number of deaths continue 
to rise. Prostate cancer is as common today in men as breast cancer is 
in women, and the death rates for the two diseases are similar as well. 
Over this decade, prostate cancer cases and deaths are expected to 
continue their rapid rise--with cases increasing by 37 percent and 
deaths by 90 percent between 1985 and 2000.
  Early detection has been greatly improved with the development of the 
prostate specific antigen [PSA] test--a simple and inexpensive blood 
test for the presence of prostate cancer. As a result, the American 
Urological Association and the American Cancer Society now recommend 
that men ago 50 and over get an annual screening with the PSA test. 
Treatment has been improved through new surgical techniques that remove 
the cancer without disastrous side effects, and through new drug 
therapy that can extend life expectancy and improve patient comfort for 
patients with advanced stage cancer.
  These improvements have meant the difference between life and death 
for many men. The ability to detect prostate cancer in the first stage 
of the disease has made it possible to surgically remove the cancer 
when it is still confined to the prostate. Over 70 percent of patients 
treated in this way never have a recurrence of the disease. Waiting 
until the second stage or later, which was necessary under previous 
techniques, greatly increases the risk that the cancer has spread, with 
small hope for a cure.
  I know how important it is to get screening and early treatment for 
prostate cancer--I am a prostate cancer survivor. I had a PSA test--I 
had a positive score--I had my prostate removed--and I am here to tell 
about it as a result. A number of my colleagues in this Chamber--
Senator Dole, Senator Stevens, among them--are here with us today 
because their prostate cancer was spotted early and treated 
effectively. General Schwarzkopf, the hero of the gulf war, is another 
man nearly felled by prostate cancer, but saved through screening and 
surgery. General Schwarzkopf has become a national spokesman for 
prostate cancer detection. General Schwarzkopf and all of us in 
Congress are lucky to have the kind of insurance coverage we do through 
the Military and Federal Employees Health Benefit plans and the access 
we have to the finest medical facilities and doctors at Walter Reed 
Hospital among other places.
  We can all be sure we get our annual PSA test and any treatment we 
may need.
  The tragedy is that 13 million American men who are at the highest 
risk for this disease do not have health insurance coverage for the 
best early detection methods and drug therapies. They do not have it 
because we, the Congress, have not seen fit to provide it for them 
through the Medicare and Veterans Health programs. Medicare covers the 
old diagnostic test but does not provide for an annual PSA test. The 
Veterans Health services could provide annual tests for their resident 
and in-patient populations, but rarely do the tests or the follow-on 
surgery. Both of these programs cover part of the hormonal drug therapy 
for treatment of advanced prostate cancer, but leave out the oral drug 
which is particularly effective when given in combination therapy. 
These omissions are particularly troubling because these programs cover 
the overwhelming majority of men who have the disease.
  Finally, it is remarkable that we have had these breakthroughs in 
detection and treatment given that we have so completely neglected 
funding for prostate cancer research. Prostate cancer is a disease that 
has a similar incidence and death rate to breast cancer 
[[Page S5427]] yet receives one-fourth as much research money. This is 
a serious oversight that we should correct to increase the pace of 
research and develop conclusive evidence on what really works and does 
not work in treating prostate cancer.
  The Prostate Cancer Diagnosis and Treatment Act of 1995 would take 
three important steps to halt the progression of this disease. First, 
it would nearly double spending on research to develop more effective 
treatments of the disease. Second, it would make PSA tests available 
under the Medicare and Veterans Health programs. Third, it would extend 
Medicare and Veterans Health coverage for prostate cancer drugs to 
cover the advanced combination therapy including oral drugs that can 
significantly extend and improve the lives of prostate cancer victims.
  Mr. President, it is important that we increase our efforts to combat 
this deadly form of cancer and address these deficiencies in our 
Federal health coverage and research programs. I urge my colleagues to 
join me in sponsoring the legislation that could make a difference for 
thousands of men who might otherwise have suffered greatly or died an 
untimely death from prostate cancer.
                                 ______

      By Mr. KYL:
  S. 694. A bill to prevent and punish crimes of sexual and domestic 
violence, to strengthen the rights of crime victims, and for other 
purposes; to the Committee on the Judiciary.


         the sexual violence prevention and victims rights act

 Mr. KYL. Mr. President, I ask unanimous consent that the 
summary of the Sexual Violence Prevention and Victims Rights Act be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

Provisions of the Sexual Violence Prevention and Victim's Rights Act of 
                                  1995


                 title i--equal protection for victims

       Sec. 101. Right of the victim to restitution.
       Makes issuance of a full order of restitution for the 
     victim mandatory in all cases under the federal criminal 
     code, and adopts other reforms to strengthen restitution for 
     victims.
       Sec. 102. Right of the victim to an impartial jury.
       Protects the right of victims to an impartial jury by 
     equalizing the number of peremptory challenges afforded to 
     the defense and the prosecution in jury selection. (Current 
     law affords defendants 10 peremptory challenges, but affords 
     the prosecution only 6, in felony cases.)
       Sec. 103. Right of the victim to fair treatment in legal 
     proceedings.
       Establishes higher standards of professional conduct for 
     lawyers in federal cases to protect victims and other 
     witnesses from abuse, and to promote the effective search for 
     truth. Specific measures include prohibition of: harassing or 
     dilatory tactics, knowingly presenting false evidence or 
     discrediting truthful evidence, willful ignorance of matters 
     that could be learned from the client, and concealment of 
     information necessary to prevent violent or sexual abuse 
     crimes.
       Sec. 104. Rebuttal of attacks on the victim's character.
       Provides that if a defendant presents negative character 
     evidence concerning the victim, the government's rebuttal can 
     include negative character evidence concerning the defendant.
       Sec. 105. Use of notice concerning release of offender.
       Repeals provision that notices to state and local law 
     enforcement concerning the release of federal violent and 
     drug trafficking offenders can only be used for law 
     enforcement purposes. This removes an impediment to other 
     legitimate uses of such information, such as advising victims 
     or potential victims that the offender has returned to the 
     area.
       Sec. 106. Balance in the composition of rules committees.
       Provides for equal representation of prosecutors with 
     defense lawyers on committees in the judiciary that make 
     recommendations concerning rules affecting criminal cases.
       Sec. 107. Victim's right of allocution in sentencing.
       Extends the right of victims to address the court 
     concerning the sentence to all criminal cases. Current law 
     provides such a right for victims only in violent crime and 
     sexual abuse cases, though the offender has the right to make 
     an allocutive statement in all cases.


title ii--sexual violence, domestic violence, and offenses against the 
                                 family

       Sec. 201. Implementation of evidence rules for sexual 
     assault and child molestation cases.
       Provides that F.R.E. 413-15, which establish general rules 
     of admissibility for similar crimes evidence in sexual 
     assault and child molestation cases, will take effect 
     immediately.
       Sec. 202. HIV testing of defendants in sexual assault 
     cases.
       Provides effective procedures for HIV testing of defendants 
     in sexual assault cases, with disclosure of test results of 
     the victim.
       Sec. 203. Clarifying amendment to extraterritorial child 
     pornography offense.
       Clarifies that the extraterritorial child pornography 
     offense, like the domestic child pornography offenses, covers 
     cases involving the transmission of child pornography by 
     computer.
       Sec. 204. Evidence of defendant's disposition towards 
     victim in domestic violence cases and other cases.
       Clarifies that evidence of a defendant's disposition 
     towards a particular individual--such as the violent 
     disposition of a domestic violence defendant towards the 
     victim--is not subject to exclusion as impermissible evidence 
     of ``character.''
       Sec. 205. Battered women's syndrome evidence.
       Clarifies that ``battered women's syndrome'' evidence is 
     admissible under the federal expert testimony rule, to help 
     courts and juries understand the behavior of victims in 
     domestic violence cases and other cases.
       Sec. 206. Death penalty for fatal domestic violence 
     offenses.
       Authorizes capital punishment under the federal interstate 
     domestic violence offenses, for cases in which the offender 
     murders the victim.
                                 ______

      By Mrs. KASSEBAUM (for herself and Mr. Dole):
  S. 695. A bill to provide for the establishment of the Tallgrass 
Prairie National Preserve in Kansas, and for other purposes; to the 
Committee on Energy and Natural Resources.


              the tallgrass prairie national preserve act

  Mrs. KASSEBAUM. Mr. President, I rise today with my colleague from 
Kansas, Senator Dole, to introduce legislation to create a tallgrass 
prairie preserve in the Flint Hills of Kansas.
  At a time when some in Congress are asking hard questions about the 
cost and role of some units in the national park system, one may wonder 
why I am proposing the addition of another preserve to an already 
overburdened system. I am aware and sympathetic to those who complain 
that some members of Congress have taken a parochial interest in the 
park system, passing bills to create parks and historical sites more 
for their economic benefits to neighboring communities than because the 
area is nationally significant, either naturally or historically.
  James Ridenour, former director of the National Park Service under 
President Bush, calls this the ``thinning of the blood'' of park system 
and points out that we are spreading limited personnel and scarce funds 
too thin. As a consequence, we have been spending an increasing 
percentage of Federal dollars on sites with questionable significance 
and devoting less to protecting our Nation's naturally significant 
resources. However, Mr. Ridenour strongly supports the bill being 
introduced today as a unique solution to the creation of an important 
addition to the park system.
  This legislation was crafted in response to these concerns. It 
creates for the first time a private-public partnership, where capital 
from a private conservation organization is combined with limited funds 
from the Federal Government to create a national preserve open to the 
American public. We will be doing this at a fraction of the cost that 
the Federal Government would otherwise spend if it were to purchase the 
property for preservation. By taking this approach, we will be 
preserving for the first time an ecosystem that is found nowhere in the 
park service system. The approach taken in this bill is the kind of new 
thinking we in Congress must explore if we are to wisely spend scarce 
Federal dollars to protect important natural and historic areas in the 
future.
  For those who have never been to the Flint Hills of Kansas, let me 
explain why this area is so unique and special. From Nebraska to 
Oklahoma there remains a narrow swath of tallgrass prairie--the 
remnants of a once vast tallgrass prairie ecosystem that covered 
400,000 square miles from Ohio to the Rocky Mountains, from Canada to 
Texas. Today, less than 1 percent of this ecosystem remains, much of it 
in the Flint Hills, which are too steep and too rocky to farm.
  There is no better example of this tallgrass prairie ecosystem in the 
Flint Hills than the 10,894-acre Spring Hill Ranch in Chase County. 
Hundreds of species of native plants and grasses grow on the ranch. 
Nearly 200 kinds of [[Page S5428]] birds, 29 species of reptiles and 
amphibians, and 31 species of mammals can be found on the property. The 
National Park Service, after an extensive survey of the property in 
1991, concluded the property was
 nationally significant became of its natural resources and said it 
deserved conservation as a unit of the national park system.
  Beyond the natural splendor of the ranch, the property includes a 
house, barn, and several outbuildings listed on the National Register 
of Historic Places because of their unique second empire architectural 
style. Each of these buildings was built in the 1880s from hand-cut 
cottonwood limestone quarried in the area. They illustrate the elegance 
and style of the ranch's first owner, a local cattle baron. A mile way 
from the house, over a rise in the land, also sets a one-room prairie 
school built in 1882.
  For the past 4 years, I have been involved in efforts to preserve 
this ranch and open it to the public. Last year, the National Park 
Trust, a private conservation organization, purchased the ranch and has 
been working with members of the Kansas congressional delegation and 
officials with the Department of the Interior to develop legislation to 
preserve the ranch through a private-public partnership. The results, 
which have come only after painstaking negotiations with the Trust, 
Interior officials, and representatives of Kansas' agricultural and 
conservation groups, is reflected in the legislation I am introducing 
today.
  The Tallgrass Prairie National Preserve Act will allow the National 
Park Service to purchase or accept donations of up to 180 acres, or 
less than 2 percent of the ranch. In meetings I have had with Secretary 
of the Interior Bruce Babbitt, he has stated that he would like to see 
the National Park Service own, maintain, and operate this historic core 
area, which includes the house, barn, and outbuildings.
  The rest of the ranch will continue in private ownership, but the 
Secretary of the Interior is given the authority in this bill to enter 
into a cooperative agreement with the National Park Trust to provide 
interpretative and resource management assistance for the rest of the 
ranch, as well as police and emergency services.
  What is different about this proposal and why it makes such sense 
from the standpoint of the Federal Government is that the American 
people will have access to and use of the 10,894-acre ranch for the 
cost of operating a 180-acre site. The National Park Trust, in a letter 
that I will ask be printed in the Record following my statement, has 
committed to donating to the Federal Government at no cost up to the 
180 acres of the ranch's historic core. This donation, estimated by the 
trust to exceed $2 million in value, was one of the elements we 
negotiated to make this bill a true private-public partnership.
  Mr. President, as Congress looks for innovative ways to make 
Government work better, I believe the approach taken in this bill 
signals departure from the way the Federal Government has protected 
important natural and historic areas in the past. I am pleased
 officials with the Department of the Interior have been so willing to 
work with me to explore this partnership. They have gone to great 
lengths to ensure the quality of this Park Service unit will not be 
compromised, while remaining open to suggestions to new ways of 
approaching issues. As former Director Ridenour says in a letter 
endorsing the legislation, this bill ``represents the kind of creative 
thinking that will have to take place to guarantee that we take care of 
our great parks in the future.''

  In addition to the care that was taken to draft this private-public 
partnership, equal care was given to address the legitimate concerns of 
area ranchers. In this bill, National Park Service ownership is limited 
to 180 acres, and no further expansion is permitted. Language was 
incorporated into the bill to address concerns regarding fence 
maintenance and to require compliance with State noxious weed, 
pesticide, animal health, and water laws. The bill establishes an 
advisory committee consisting of conservationists, landowners, local 
community officials, and range management specialists to help determine 
how the ranch should be managed. The bill also incorporates language 
that requires the Federal Government to be a good partner with 
neighboring communities and work cooperatively to deliver emergency and 
other services.
  Mr. President, we have a wonderful opportunity to protect for future 
generations a portion of the tallgrass prairie--the only ecosystem not 
currently represented in the National Park System. Passage of this bill 
will give the American public an opportunity to enjoy and explore this 
beautiful area and grow to appreciate its history and importance.
  I ask unanimous consent that a letter from the National Park Trust 
and a letter from James Ridenour be included in the Record.
  Mr. President, I ask unanimous consent that the text of the bill and 
other material be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                 S. 695

       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 ``Tallgrass Prairie National 
     Preserve Act of 1995''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) Of the 400,000 square miles of tallgrass prairie that 
     once covered the North American Continent, less than 1 
     percent remains, primarily in the Flint Hills of Kansas.
       (2) In 1991, the National Park Service conducted a special 
     resource study of the Spring Hill Ranch, located in the Flint 
     Hills of Kansas.
       (3) Such study concludes that the Spring Hill Ranch--
       (A) is a nationally significant example of the once vast 
     tallgrass ecosystem, and includes buildings listed on the 
     National Register of Historic Places pursuant to section 101 
     of the National Historic Preservation Act (16 U.S.C. 470a) 
     which represent outstanding examples of Second Empire and 
     other 19th Century architectural styles; and
       (B) is suitable and feasible as a potential addition to the 
     National Park System.
       (4) The National Park Trust, which owns the Spring Hill 
     Ranch, has agreed to permit the National Park Service--
       (A) to purchase a portion of the ranch, as specified in 
     this Act; and
       (B) to manage the ranch in order to--
       (i) conserve the scenery, natural and historic objects, and 
     wildlife of the ranch; and
       (ii) provide for the enjoyment of the ranch in such manner, 
     and by such means, as will leave such scenery, natural and 
     historic objects, and wildlife unimpaired for the enjoyment 
     of future generations.
       (b) Purposes.--The purposes of this Act are as follows:
       (1) To preserve, protect, and interpret for the public an 
     example of a tallgrass prairie ecosystem on the Spring Hill 
     Ranch, located in the Flint Hills of Kansas.
       (2) To preserve and interpret for the public the historic 
     and cultural values represented on the Spring Hill Ranch.

     SEC. 3. DEFINITIONS.

       As used in this Act:
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the Advisory Committee established under section 7.
       (2) Preserve.--The term ``Preserve'' means the Tallgrass 
     Prairie National Preserve established under section 4.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Trust.--The term ``Trust'' means the National Park 
     Trust, Inc. (which is a District of Columbia nonprofit 
     corporation), or any successor-in-interest, subsidiary, 
     affiliate, trustee, or legal representative of the National 
     Park Trust, Inc. that possesses legal or equitable ownership 
     or management rights with respect to land and improvements on 
     land that constitutes any portion of the Preserve.

     SEC. 4. ESTABLISHMENT OF TALLGRASS PRAIRIE NATIONAL PRESERVE.

       (a) In General.--In order to provide for the preservation, 
     restoration, and interpretation of the Spring Hill Ranch area 
     of the Flint Hills of Kansas, for the benefit and enjoyment 
     of present and future generations, there is hereby 
     established the Tallgrass Prairie National Preserve.
       (b) Description.--The Preserve shall consist of the lands, 
     waters, and interests therein, including approximately 10,894 
     acres, generally depicted on the map entitled ``Boundary Map, 
     Flint Hills Prairie National Monument'' numbered NM-TGP 
     80,000 and dated June 1994, more particularly described in 
     the deed filed at 8:22 a.m. of June 3, 1994, with the Office 
     of the Register of Deeds in Chase County, Kansas, and 
     recorded in Book L-106 at pages 328 through 339, inclusive. 
     In the case of any difference between such map and legal 
     description, such legal description shall govern, except that 
     if, as a result of a survey, the Secretary determines that 
     there is a discrepancy with respect to the boundary of the 
     Preserve that may be corrected by making minor changes to the 
     map or legal description, the Secretary is directed to make 
     such minor changes. The map shall be on file 
     [[Page S5429]] and available for public inspection in the 
     appropriate offices of the National Park Service of the 
     Department of the Interior.

     SEC. 5. ADMINISTRATION OF NATIONAL PRESERVE.

       (a) In General.--The Secretary shall administer the 
     Preserve in accordance with this Act, the cooperative 
     agreements described in subsection (f)(1), and the provisions 
     of law generally applicable to units of the National Park 
     System, including the Act entitled ``An Act to establish a 
     National Park Service, and for other purposes'', approved 
     August 25, 1916 (16 U.S.C. 1, 2 through 4) and the Act of 
     August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).
       (b) Application of Regulations.--The regulations issued by 
     the Secretary concerning the National Park Service that 
     provide for the proper use, management, and protection of 
     persons, property, and natural and cultural resources shall 
     apply within the boundaries of the Preserve.
       (c) Facilities.--For purposes of carrying out the duties of 
     the Secretary under this Act relating to the Preserve, the 
     Secretary may, with the consent of the landowner--
       (1) directly or by contract, construct, reconstruct, 
     rehabilitate, or develop essential buildings, structures, and 
     related facilities including roads, trails, and other 
     interpretive facilities on real property that is not owned by 
     the Federal Government and is located within the Preserve; 
     and
       (2) maintain and operate programs in connection with the 
     Preserve.
       (d) Liability.--
       (1) Landowners.--Notwithstanding any other provision of 
     law, no person who owns any land or interest in land within 
     the Preserve shall be liable for injury to, or damages 
     suffered by, any other person who is injured or damaged while 
     upon the land within the Preserve if--
       (A) such injury or damages result from any act or omission 
     of the Secretary or any officer, employee, or agent of the 
     Secretary; or
       (B) such liability would arise solely by reason of the 
     ownership by the defendant of such land or interest in land 
     and such injury or damages are not proximately caused by the 
     wanton or willful misconduct of the defendant.
       (2) Liability of united states and officers and employees 
     of the united states.--(A) Nothing in this subsection or in 
     any other provision of this Act may be construed to exempt 
     the Federal Government, or any officer or employee of the 
     Federal Government, from any liability for any act or 
     omission for which the Federal Government, or such officer or 
     employee, as the case may be, would otherwise be liable under 
     any applicable provision of law.
       (B) Nothing in this subsection or in any other provision of 
     this Act may be construed to impose on the Federal 
     Government, or any officer or employee of the Federal 
     Government, any liability for any act or omission of any 
     other person or entity for any act or omission of such other 
     person or entity for which the Federal Government, or such 
     officer or employee, as the case may be, would otherwise not 
     be liable under any applicable provision of law.
       (e) Fees.--Notwithstanding any other provision of law, the 
     Preserve shall be considered a designated unit of the 
     National Park System, including for the purposes of charging 
     entrance and admission fees under section 4 of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a).
       (f) Agreements and Donations.--
       (1) Agreements.--The Secretary is authorized to expend 
     Federal funds for the cooperative management of private 
     property within the Preserve for research, resource 
     management (including pest control and noxious weed control, 
     fire protection, and the restoration of buildings), and 
     visitor protection and use. The Secretary may enter into one 
     or more cooperative agreements with public or private 
     agencies, organizations, and institutions to further the 
     purposes of this Act (as specified in section 2(b)), 
     including entering into a memorandum of understanding with 
     the appropriate official of the county in which the Preserve 
     is located to provide for such services as law enforcement 
     and emergency services.
       (2) Donations.--Notwithstanding any other provision of law, 
     the Secretary may solicit, accept, retain, and expend 
     donations of funds, property (other than real property), or 
     services from individuals, foundations, corporations, or 
     public entities for the purposes of providing programs, 
     services, facilities, or technical assistance that further 
     the purposes of this Act.
       (g) General Management Plan.--
       (1) In general.--Not later than the termination date of the 
     third full fiscal year beginning after the date of 
     establishment of the Preserve, the Secretary shall prepare 
     and submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Resources of the House of 
     Representatives a general management plan for the Preserve.
       (2) Consultation.--In preparing the general management 
     plan, the Secretary, acting through the Director of the 
     National Park Service, shall consult with--
       (A)(i) appropriate officials of the Trust; and
       (ii) the Advisory Committee established under section 7; 
     and
       (B) adjacent landowners, appropriate officials of nearby 
     communities, the Kansas Department of Wildlife and Parks, and 
     the Kansas Historical Society, and other interested parties.
       (3) Content of plan.--The general management plan shall 
     provide for the following:
       (A) Maintaining and enhancing the tallgrass prairie 
     ecosystem within the boundaries of the Preserve.
       (B) Public access and enjoyment of the property that is 
     consistent with the conservation and proper management of the 
     historical, cultural, and natural resources of the ranch, 
     lands of adjoining landowners, and surrounding communities.
       (C) Interpretive and educational programs covering the 
     natural history of the prairie, the cultural history of 
     Native Americans, and the legacy of ranching in the Flint 
     Hills region.
       (D) Provisions requiring the application of applicable 
     State law concerning the maintenance of adequate fences 
     within the boundaries of the Preserve. In any case in which 
     an activity of the National Park Service requires fences that 
     exceed the legal fence standard otherwise applicable to the 
     Preserve, the National Park Service shall pay the additional 
     cost of constructing and maintaining the fences to meet the 
     applicable requirements for that activity.
       (E) Provisions requiring the Secretary to comply with 
     applicable State noxious weed, pesticide, and animal health 
     laws.
       (F) Provisions requiring compliance with applicable Federal 
     and State water laws and waste disposal laws (including 
     regulations) and any other applicable law.
       (G) Provisions requiring the Secretary to honor each valid 
     existing oil and gas lease for lands within the boundaries of 
     the Preserve (as described in section 4(b)) that is in effect 
     on the date of enactment of this Act.
       (H) Provisions requiring the Secretary to offer to enter 
     into an agreement with each individual who, as of the date of 
     enactment of this Act, holds rights for cattle grazing within 
     the boundaries of the Preserve (as described in section 
     4(b)).
     SEC. 6. LIMITED AUTHORITY TO ACQUIRE.

       (a) In General.--The Secretary is authorized and directed 
     to acquire, by donation or purchase with donated or 
     appropriated funds, at fair market value--
       (1) not more than 180 acres of real property within the 
     boundaries of the Preserve (as described in section 4(b)) and 
     the improvements thereon; and
       (2) rights-of-way on roads that are not owned by the State 
     of Kansas within the boundaries of the Preserve.
       (b) Payments in Lieu of Taxes.--For the purposes of 
     payments made pursuant to chapter 69 of title 31, United 
     States Code, the real property described in subsection (a)(1) 
     shall be deemed to have been acquired for the purposes 
     specified in section 6904(a) of such title 31.
       (c) Prohibitions.--No property may be acquired under this 
     section without the consent of the owner of the property. The 
     United States may not acquire fee ownership of any lands 
     within the Preserve other than lands described in this 
     section.

     SEC. 7. ADVISORY COMMITTEE.

       (a) Establishment.--There is established an advisory 
     committee to be known as the ``Tallgrass Prairie National 
     Preserve Advisory Committee''.
       (b) Duties.--The Advisory Committee shall advise the 
     Secretary and the Director of the National Park Service 
     concerning the development, management, and interpretation of 
     the Preserve. In carrying out such duties, the Advisory 
     Committee shall provide timely advice to the Secretary and 
     the Director during the preparation of the general management 
     plan required by section 5(g).
       (c) Membership.--The Advisory Committee shall consist of 
     the following 13 members, who shall be appointed by the 
     Secretary as follows:
       (1) Three members shall be representatives of the Trust.
       (2) Three members shall be representatives of local 
     landowners, cattle ranchers, or other agricultural interests.
       (3) Three members shall be representatives of conservation 
     or historic preservation interests.
       (4) Three members, who shall be appointed as follows:
       (A) One member shall be selected from a list of nominations 
     submitted to the Secretary by the Chase County Commission in 
     the State of Kansas.
       (B) One member shall be selected from a list of nominations 
     jointly submitted to the Secretary by appropriate officials 
     of Strong City, Kansas, and Cottonwood Falls, Kansas.
       (C) One member shall be selected from a list of nominations 
     submitted to the Secretary by the Governor of the State of 
     Kansas.
       (5) One member shall be a range management specialist 
     representing institutions of higher education (as defined in 
     section 1201(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1141(a))) in the State of Kansas.
       (d) Terms.--
       (1) In general.--Each member of the Advisory Committee 
     shall be appointed to serve for a term of 3 years, except 
     that the initial members shall be appointed as follows:
       (A) Four members shall be appointed, one each from 
     paragraphs (1), (2), (3), and (4) of subsection (c), to serve 
     for a term of 3 years.
       (B) Four members shall be appointed, one each from 
     paragraphs (1), (2), (3), and (4) of subsection (c), to serve 
     for a term of 4 years.
       (C) Five members shall be appointed, one each from 
     paragraphs (1) through (5) of subsection (c), to serve for a 
     term of 5 years.
       (2) Reappointment.--Each member may be reappointed to serve 
     for a subsequent term. [[Page S5430]] 
       (3) Expiration.--Each member shall continue to serve after 
     the expiration of the term of the member until a successor is 
     appointed.
       (4) Vacancies.--A vacancy on the Advisory Committee shall 
     be filled in the same manner as an original appointment is 
     made. The member appointed to fill the vacancy shall serve 
     until the expiration of the term in which the vacancy 
     occurred.
       (e) Chairperson.--The Secretary shall appoint one of the 
     members who is a representative from the Trust appointed 
     under subsection (c)(1) to serve as Chairperson.
       (f) Meetings.--Meetings of the Advisory Committee shall be 
     held at the call of the Chairperson or the majority of the 
     Advisory Committee. Meetings shall be held at such locations 
     and in such manner as to ensure adequate opportunity for 
     public involvement. In compliance with the requirements of 
     the Federal Advisory Committee Act (5 U.S.C. App.), the 
     Advisory Committee shall choose an appropriate means of 
     providing interested members of the public advance notice of 
     scheduled meetings.
       (g) Quorum.--A majority of the members of the Advisory 
     Committee shall constitute a quorum.
       (h) Compensation.--Each member of the Advisory Committee 
     shall serve without compensation, except that while engaged 
     in official business of the Advisory Committee, the member 
     shall be entitled to travel expenses, including per diem in 
     lieu of subsistence in the same manner as persons employed 
     intermittently in Government service under section 5703 of 
     title 5, United States Code.
       (i) Charter.--The rechartering provisions of section 14(b) 
     of the Federal Advisory Committee Act (5 U.S.C. App.) are 
     hereby waived with respect to the Advisory Committee.

     SEC. 8. RESTRICTION ON AUTHORITY.

       Nothing in this Act shall give the Secretary authority to 
     regulate lands outside the boundaries of the Preserve.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Department 
     of the Interior such sums as may be necessary to carry out 
     this Act.
                                                                    ____

                                          National Park Trust,

                                    Washington, DC, April 6, 1995.
     Hon. Senator Kassebaum,
     U.S. Senate,
     Washington, DC.
       Dear Senator Kassebaum: It is a privilege for the National 
     Park Trust to endorse the legislation you are introducing to 
     establish a Tallgrass Prairie National Preserve in Kansas. We 
     commend you for your leadership in recognizing the importance 
     of America's tallgrass prairie, which once covered more than 
     140 million acres across our nation's heartland, but today 
     only survives in remnant swatches.
       The Spring Hill/Z Bar Ranch encompasses a magnificent 
     unspoiled swath of the Flint Hills. Its rolling, nearly 
     treeless landscape with grasses, sometimes reaching ten feet 
     in height, sustains the biological riches of a vanishing 
     American landscape. Nearly 200 kinds of birds, 29 species of 
     reptiles and amphibians, and 31 species of mammals can be 
     found on the property. Its distinctive century-old limestone 
     buildings, looming large amid ocean-like waves of prairie, 
     give enduring voice to local traditions and can serve as an 
     appropriate setting to tell the story of Native Americans and 
     pioneers and our nation's westward expansion. Because of its 
     outstanding natural and cultural resources, the National Park 
     Service's 1991 special resource study concluded that the 
     property met the standards as a unit of the National Park 
     System.
       The National Park Trust acquired the Spring Hill/Z Bar 
     Ranch last June as a first important step toward ensuring 
     that this country's tallgrass heritage is preserved and 
     interpreted for all Americans. The Trust is a 501(c)(3) non-
     profit educational and charitable corporation which is 
     celebrating more than ten years as the land conservancy of 
     the national parks. Its mission is to assist the National 
     Park Service in the acquisition of inholdings from willing 
     sellers, and to acquire and protect properties, such as the 
     Spring Hill/Z Bar Ranch, that merit protection as units of 
     the National Park System.
       Now more than ever, the acquisition of properties for 
     inclusion in the National Park System is limited by shrinking 
     federal funds. In view of the condition of the federal budget 
     and because inclusion of a tallgrass prairie unit is believed 
     by many to be the highest priority for the National Park 
     System, the Trust will consider as its May meeting a proposal 
     to donate up to 180 acres of the historic core area of the 
     ranch, with a value of more than $2 million, to the national 
     Park Service. The property would be donated once the federal 
     designation has occurred and the National Park Service has 
     completed its study to determine the amount of acreage that 
     is needed. It is our hope that this potential donation 
     indicates the strength of our conviction that the Spring 
     Hill/Z Bar Ranch is of great national significance and 
     deserves to be part of the National Park System.
       We also continue our pledge to manage the remainder of the 
     property not under the direct control of the National Park 
     Service in a manner that is compatible with the preserve's 
     general management plan--a plan that will be developed by the 
     National Park Service in cooperation with a citizen advisory 
     committee.
       We welcome this opportunity to support this legislation and 
     look forward to its completion so that this deserving 
     resource can be part of the National Park System.
           Sincerely,
                                               J. Paul Duffendack,
        Chairman, Tallgrass Prairie Interim Management Committee, 
     Member, National Park Trust Board of Trustees.
                                                                    ____

                                           Indiana University,

                                   Bloomington, IN, April 3, 1995.
       Dear Senator Kassebaum: This is a letter in support of your 
     efforts to set aside a tall grass prairie in Kansas. You may 
     recall that I was Director of the National Park Service in 
     the Bush Administration.
       In lectures I have been giving around the country, I have 
     been saying that the last great natural park to be purchased 
     is a tall grass prairie park. We may have some trades between 
     various federal agencies from time to time, but the tall 
     grass park is one in which private ownership will be 
     involved.
       You have reached a unique solution to creating the park. 
     Private ownership has been recognized and respected while the 
     core area of 180 acres would become the management 
     responsibility of the NPS. This represents the kind of 
     creative thinking that will have to take place to guarantee 
     that we take care of our great parks in the future.
       A tall grass prairie is a missing link in our system. This 
     statement comes from a former director who in leery of 
     creating additional parks. In my book, National Parks 
     Compromised, I talk of the concern I have with ``thinning the 
     blood'' of our system with parks with little or no national 
     significance. A tall grass addition to the system would not 
     be a ``Thinning of the blood'', especially in the creative 
     manner you are bringing it into the system.
       Good luck and thank you for your efforts.
           Sincerely,

                                            James M. Ridenour,

                                        Director, Eppley Institute
                                       for Parks and Public Lands.

  Mr. DOLE. Mr. President, for several years there have been attempts 
to create a national tall grass prairie preserve on nearly 11,000 acres 
in Kansas, known as the Z-Bar Ranch. Proposals for this preserve have 
faced valid opposition from concerned citizens and landowners in the 
area. Today, Senator Kassebaum is introducing legislation which I 
expect will establish a successful public/private partnership.
  I commend Senator Kassebaum's leadership efforts to establish a 
prairie park in Kansas. In January 1992, she organized the Spring Hill/
Z-Bar Ranch Foundation to raise money for the purchase of the ranch. 
This private foundation also addressed many of the concerns of local 
residents and landowners.
  Last summer, the Z-Bar Ranch was sold to a private trust. But 
establishing Z-Bar as a national preserve requires legislation. Senator 
Kassebaum has worked diligently to strike a balance which is acceptable 
to all parties. This bill authorizes the Federal Government to purchase 
or to accept a donation of up to 180 acres of the Z-Bar Ranch.
  I have always supported Senator Kassebaum's efforts to encourage 
private participation in the establishment of a national prairie 
preserve. With a private/public partnership, we can officially 
recognize the tall grass prairie while limiting the involvement of the 
Federal Government.
  This year, the National Park Trust, who currently owns the ranch, 
offered to donate the core area of land to the Federal Government. This 
will minimize the cost of establishing the preserve. In my view, a 
compromise which includes minimal Federal ownership and continued local 
input sets this proposal apart from other efforts.
  The tall grass prairie is a vital part of the natural environment and 
heritage of the high plains. We must protect and preserve it. Anyone 
who has driven through the Flint Hills of Kansas appreciates the beauty 
of this prairie. I am pleased to join Senator Kassebaum today in 
cosponsoring this legislation. Her success in creating a partnership 
between public and private efforts will help preserve the history of 
the Midwest.
                                 ______

      By Mr. KENNEDY:
  S. 696. A bill to assist States and secondary and postsecondary 
schools to develop, implement, and improve school-to-work opportunities 
systems so that all students have an opportunity to acquire the 
knowledge and skills needed to meet challenging State academic 
standards and industry-based skill standards and to prepare for 
postsecondary education, further learning, and a wide range of 
opportunities in high-skill, high-wage careers, and for 
[[Page S5431]] other purposes; to the Committee on Labor and Human 
Resources.


              THE CAREER PREPARATION EDUCATION REFORM ACT

  Mr. KENNEDY. Mr. President, it is a privilege, on behalf of the 
Clinton administration, to introduce the Career Preparation Education 
Reform Act. This measure will reform vocational education and 
contribute to the development of school-to-work opportunities. This 
legislation represents major change. It consolidates more than 20 
current Perkins Act programs and gives states an increased role and 
increased flexibility.
  The legislation ensures that funds for in-school youth are 
administered at the local level by local schools, and that federal 
funds are allocated by a more effective needs-based formula.
  This legislation adopts a new approach. It stresses high performance 
for all students. It places greater emphasis on outcomes and the 
reporting of results. It links outcomes with corrective actions, 
including sanctions and rewards. It requires each State's plan to 
describe how the state will serve at-risk students. And it uses a local 
allocation formula which targets funds to the neediest communities.
  The report of the National Assessment of Vocational Education found 
that at-risk and special education students are too often concentrated 
in programs that do not adequately prepare them for careers or higher 
education. By raising performance for all students and ensuring that 
planning, reporting and evaluation reflect this priority, these 
students will be better served.
  At-risk students should have a greater opportunity to receive the 
quality services and assistance they need to be successful. We intend 
to pay close attention to this issue as this legislation moves through 
Congress.
  This bill encourages States to use their vocational education, 
elementary and secondary education, and second-chance programs to 
develop comprehensive, integrated, and effective school-to-work 
systems.
  It proposes two funding streams--a State grant and a national program 
authority. It increase the amount of the state grant distributed to 
schools and colleges under the formula.
  It calls on vocational education to support development of the in-
school part of school-to-work systems.
  It takes a new approach to meeting the needs of special populations 
by emphasizing quality for all students.
  It no longer requires separate State Boards for Vocational Education 
or separate State Advisory Councils.
  It gives States the waivers necessary to develop comprehensive 
education systems.
  It proposes a performance partnership with the states in cooperation 
with the Secretary of Labor, in order to develop a system to measure 
performance, that ensures accountability and provides information on 
program success.
  This legislation closely parallels other education reform initiatives 
on education reform and career preparation. I look forward to working 
closely with other Senators to achieve the bipartisan support we need 
in order to do a better job of preparing students for the world.
  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. 696

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That this 
     Act may be cited as the ``Career Preparation Education Reform 
     Act of 1995''.

                        Organization of the Act

       Sec. 2. This Act is organized into the following titles:

   TITLE I--AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND APPLIED 
                        TECHNOLOGY EDUCATION ACT

                 TITLE II--EFFECTIVE DATES; TRANSITION

                  TITLE III--AMENDMENTS TO OTHER ACTS

   TITLE I--AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND APPLIED 
                        TECHNOLOGY EDUCATION ACT


                          amendment to the act

       Sec. 101. The Carl D. Perkins Vocational and Applied 
     Technology Education Act (20 U.S.C. 2301 et seq.; hereinafter 
     referred to as ``the Act'') is amended in its entirety to 
     read as follows:


                    ``short title; table of contents

       ``Section 1. (a) Short Title.--This Act may be cited as the 
     `Carl D. Perkins Career Preparation Education Act'.
       ``(b) Table of Contents.--The table of contents for this 
     Act is as follows:
                          ``TABLE OF CONTENTS

``Sec. 1. Short title; table of contents.
``Sec. 2. Declaration of policy, findings, and purpose.
``Sec. 3. Authorization of appropriations.

               ``Title I--Preparing Students for Careers


              ``part a--improving state and local programs

``Sec. 101. Priorities.
``Sec. 102. State leadership activities.
``Sec. 103. Local activities.
``Sec. 104. Combination of funds.
``Sec. 105. State plans.
``Sec. 106. State administration.
``Sec. 107. Local applications.
``Sec. 108. Performance goals and indicators.
``Sec. 109. Evaluation, improvement, and accountability.


             ``part B--allocating state and local resources

``Sec. 111. Allotments.
``Sec. 112. Within-State allocation.
``Sec. 113. Distribution of funds.

        ``Title II--National Support for State and Local Reforms

``Sec. 201. Awards for excellence.
``Sec. 202. National activities.
``Sec. 203. National assessment.
``Sec. 204. National research center.
``Sec. 205. Data systems.
``Sec. 206. Career preparation for Indians and Native Hawaiians.

                    ``Title III--General Provisions

``Sec. 301. Waivers.
``Sec. 302. Effect of Federal payments.
``Sec. 303. Identification of State-imposed requirements.
``Sec. 304. Out-of-State relocations.
``Sec. 305. Definitions.
             ``declaration of policy, findings, and purpose

       ``Sec. 2. (a) Declaration of Policy.--The Congress declares 
     it to be the policy of the United States that, in order to 
     meet new economic challenges brought about by changing 
     technologies
      and increasing international economic competition, the 
     Nation must put in place a system that enables all 
     students to obtain the education needed to pursue 
     productive and adaptable careers.
       ``(b) Declaration of Findings.--The Congress finds that--
       ``(1) although employment and earnings increasingly depend 
     on educational attainment and the ability to acquire and 
     transfer skills among jobs in broad clusters of occupations 
     or industry sectors, a majority of high school graduates in 
     the United States lack sufficient curriculum focus to prepare 
     them for completing a two-year of four-year college degree or 
     for entering careers with high-skill, high-wage potential;
       ``(2) enactment of the Goals 2000: Educate America Act has 
     helped to establish a new framework for education reform, 
     based on challenging State academic standards and industry-
     based skill standards for all students;
       ``(3) enactment of the School-to-Work Opportunities Act of 
     1994 has helped to catalyze the development, in all States, 
     of statewide system offering opportunities for all students 
     to participate in school-based, work-based, and connecting 
     activities leading to postsecondary education, further 
     learning, and first jobs in high-skill, high-wage careers;
       ``(4) the GI Bill for America's Workers, of which this Act 
     is a key component, will further strengthen the capacity of 
     States, schools, and businesses, working together, to upgrade 
     the skills of youth and to prepare them for high-wage 
     careers;
       ``(5) local, State, and national programs supported under 
     the Carl D. Perkins Vocational and Applied Technology 
     Education Act have assisted many students in obtaining 
     occupational and academic skills, as well as employment, but 
     not these programs must become part of the larger reforms 
     taking place under the School-to-Work Opportunities Act of 
     1994;
       ``(6) when properly aligned with related Federal statutes 
     and the broader reforms that States and localities carry out 
     under the Goals 2000: Educate America Act, this Act can 
     enhance the capacity of States to establish school-to-work 
     opportunities systems that serve all students, enable a 
     greater number of students to achieve to challenging State 
     academic standards and industry-based skill standards, and 
     contribute to enabling all Americans to prosper in a highly 
     competitive, technological economy;
       ``(7) certain individuals (including students with 
     disabilities, educationally or economically disadvantaged 
     students, students of limited English proficiency, 
     incarcerated youth, migrant children, foster children, school 
     dropouts, and women) often face great challenges in acquiring 
     the academic knowledge and occupational skills needed for 
     successful employment and thus may need special assistance 
     and services to allow them to participate fully in career 
     preparation activities;
       ``(8) Federal resources currently support a maze of 
     employment-related education and training programs that are 
     often focused on specific content areas or populations, have
      conflicting or overlapping requirements, and 
     [[Page S5432]] are not administered in an integrated 
     manner, thus inhibiting the capacity of State and local 
     administrators to implement programs that meet the needs 
     of individual States and localities;
       ``(9) the Federal Government can--through a performance 
     partnership with States and localities based on clear 
     programmatic goals, increased State and local flexibility, 
     improved accountability, and performance goals, indicators, 
     and incentives--provide to States and localities financial 
     assistance for the expansion of school-to-work opportunities 
     systems in all States, as well as for services and activities 
     that ensure that all students, including students with 
     special needs, have full access to the programs offered 
     through those systems; and
       ``(10) the Federal Government can also assist States and 
     localities by carrying out nationally significant research, 
     development, demonstration, dissemination, evaluation, 
     capacity-building, data collection, training, and technical 
     assistance activities that support State and local efforts to 
     implement successfully services and activities that are 
     funded under this Act, as well as to implement State and 
     local career preparation activities that are supported with 
     their own resources.
       ``(c) Declaration of Purpose.--The purpose of this Act is 
     to assist all students, through a performance partnership 
     with States and localities, to acquire the knowledge and 
     skills they need to meet challenging State academic standards 
     and industry-based skill standards and to prepare for 
     postsecondary education, further learning, and a wide range 
     of opportunities in high-skill, high-wage careers. This 
     purpose shall be pursued through support for State and local 
     efforts that--
       ``(1) build on the efforts of States and localities under 
     the School-to-Work Opportunities Act, as well as the Goals 
     2000: Educate America Act and other legislation;
       ``(2) integrate reforms of vocational education with 
     overall State reforms of academic preparation in schools;
       ``(3) promote, in particular, the development of activities 
     and services that integrate academic and occupational 
     instruction, link secondary and postsecondary education, link 
     school-based and work-based learning, coordinate efforts for 
     in-school and out-of-school youth, and enable students to 
     complete career majors in broad occupational clusters;
       ``(4) increase State and local flexibility in providing 
     services and activities designed to develop, implement, and 
     improve school-to-work opportunities systems, as well as 
     integrating these services and activities with services and 
     activities supported with other Federal, State, and local 
     funds, such as those under the Job Training Partnership Act, 
     in exchange for clear accountability for results;
       ``(5) provide all students, including students who are 
     members of special populations, with the opportunity to 
     participate in the full range of career preparation services 
     and activities; and
       ``(6) benefit from national research, development, 
     demonstration, dissemination, evaluation, capacity-building, 
     data collection, training, and technical assistance 
     activities supporting the development, implementation, and 
     improvement of school-to-work opportunities systems.


                   ``authorization of appropriations

       ``Sec. 3. (a) State and Local Activities.--There are 
     authorized to be appropriated to carry out title I, section 
     201, section 206(a), and section 206(d) of this Act 
     $1,141,088,000 for the fiscal year 1996 and such sums as may 
     be necessary for each of the fiscal years 1997 through 2005.
       ``(b) National Activities.--There are authorized to be 
     appropriated to carry out title II, except sections 201, 
     206(a), and 206(d) of this Act, $37,000,000 for the fiscal 
     year 1996 and such sums as may be necessary for each of the 
     fiscal years 1997 through 2005.

               ``TITLE I--PREPARING STUDENTS FOR CAREERS

              ``Part A--Improving State and Local Programs


                              ``priorities

       ``Sec. 101. In order to prepare students for a wide range 
     of opportunities in high-skill, high-wage careers, funds 
     under this title shall be used to support the development, 
     implementation, and improvement of school-to-work 
     opportunities systems in secondary and postsecondary schools, 
     as set forth in title I of the School-to-Work Opportunities 
     Act of 1994. State and local recipients shall give priority 
     to services and activities designed to--
       ``(1) ensure that all students, including students who are 
     members of special populations, have the opportunity to 
     achieve to challenging State academic standards and industry-
     based skill standards;
       ``(2) promote the integration of academic and vocational 
     education;
       ``(3) support career majors in broad occupational clusters 
     or industry sectors;
       ``(4) effectively link secondary and postsecondary 
     education;
       ``(5) provide students, to the extent possible, with strong 
     experience in, and understanding of, all aspects of the 
     industry they are preparing to enter;
       ``(6) combine school-based and work-based instruction, 
     including instruction in general workplace competencies;
       ``(7) provide school-site and workplace mentoring; and;
       ``(8) provide career guidance and counseling for students 
     at the earliest possible age, including the provision of 
     career awareness, exploration, and guidance information to 
     students and their parents that is, to the extent possible, 
     in a language and form that the students and their parents 
     understand.
                     ``state leadership activities

       ``Sec. 102. Each State that receives a grant under this 
     title shall, from amounts reserved for State leadership 
     activities under section 112(c), conduct services and 
     activities that further the development, implementation, and 
     improvement of its statewide school-to-work opportunities 
     system and that are integrated, to the maximum extent 
     possible, with broader educational reforms underway in the 
     State as well as activities the State carries out under the 
     Goals 2000: Educate America Act, the School-to-Work 
     Opportunities Act of 1994, title II of the Job Training 
     Partnership Act, and the Elementary and Secondary Education 
     Act of 1965, including such activities as--
       ``(1) providing comprehensive professional development for 
     vocational teachers, academic teachers, and career guidance 
     personnel that--
       ``(A) will help such teachers and personnel to meet the 
     goals established by the State under section 108; and
       ``(B) reflects the State's assessment of its needs for 
     professional development, as determined under section 
     2205(b)(2)(C) the Elementary and Secondary Education Act of 
     1965, and is integrated with the professional development 
     activities that the State carries out under title II of that 
     Act;
       ``(2) developing and disseminating curricula that are 
     aligned, as appropriate, with challenging State academic 
     standards and industry-based skill standards;
       ``(3) monitoring and evaluating the quality of, and 
     improvement in, services and activities conducted with 
     assistance under this Act;
       ``(4) promoting equity in secondary and postsecondary 
     education and, to the maximum extent possible, ensuring 
     opportunities for all students, including students who are 
     members of special populations, as well as single parents and 
     single, pregnant women, to participate in education 
     activities that are free from sexual and other harassment and 
     that lead to high-skill, high-wage careers;
       ``(5) improving career guidance and counseling for 
     students, including use of one-stop career centers;
       ``(6) expanding and improving the use of educational 
     technology;
       ``(7) supporting partnerships of local educational 
     agencies, institutions of higher education, and, as 
     appropriate, other entities, such as employers, labor 
     organizations, and community-based organizations, to provide 
     models, such as youth development partnerships as described 
     in section 202(a)(3) and tech-prep education, for enabling 
     all students, including students who are members of special 
     populations, to achieve to challenging State academic 
     standards and industry-based skill standards;
       ``(8) promoting the dissemination and use of occupational 
     information, including use of one-stop career centers;
       ``(9) providing financial incentives or awards to one or 
     more local recipients in recognition of exemplary quality or 
     innovation in education services and activities, or exemplary 
     services and activities for students who are members of 
     special populations, as determined by the State through a 
     peer review process, using performance goals and indicators 
     described in section 108 or other appropriate criteria;
       ``(10) supporting vocational student organizations, 
     especially with respect to efforts to increase the 
     participation of students who are members of special 
     populations in such organizations;
       ``(11) serving special populations and individuals in State 
     institutions, such as State correctional institutions and 
     institutions that serve individuals with disabilities.


                           ``local activities

       ``Sec. 103. (a) General Requirements.--Each local recipient 
     that receives a subgrant under this title shall use funds 
     to--
       ``(1) conduct services and activities that further the 
     development, implementation, and improvement of the school-
     to-work opportunities system in the State;
       ``(2) provide services and activities that are of 
     sufficient size, scope, and quality to be effective; and
       ``(3) focus assistance under this title on schools or 
     campuses that serve the highest numbers or percentages of 
     students who are members of special populations.
       ``(b) Authorized Activities.--Each local recipient that 
     receives a subgrant under this title may use funds to--
       ``(1) provide services and activities that promote the 
     priorities described in section 101, such as--
       ``(A) developing curricula, including establishing and 
     expanding career majors;
       ``(B) acquiring and adapting equipment, including 
     instructional aids;
       ``(C) providing professional development activities;
       ``(D) providing services, directly or through community-
     based organizations, such as curriculum modification, 
     equipment modification, classroom modification, supportive 
     personnel, instructional aids and devices, guidance, career 
     information, English language instruction, and child care, to 
     meet the education needs of students who are members of 
     special populations; [[Page S5433]] 
       ``(E) providing tech-prep education services and 
     activities;
       ``(F) carrying out activities that ensure active and 
     continued involvement of business and labor in the 
     development, implementation, and improvement of a school-to-
     work opportunities system in the State;
       ``(G) matching students with the work-based learning 
     opportunities of employers; and
       ``(H) providing assistance to students who have 
     participated in services and activities under this Act in 
     finding an appropriate job and continuing their education and 
     training; and
       ``(2) carry out other services and activities that meet the 
     purpose of this Act.
       ``(c) Evaluation Activities.--In order to improve 
     educational practices and performance of all students, 
     including students who are members of special populations, 
     each local recipient that receives a subgrant under this 
     title may use such funds to carry out the evaluation under 
     section 109(a)(1) or 109(a)(2).
       ``(d) Equipment.--Equipment acquired or adapted with funds 
     under this title may be used for other instructional purposes 
     when not being used to carry out this title if such 
     acquisition or adaptation was reasonable and necessary for 
     providing services or activities under this title and such 
     other use is incidental to, does not interfere with, and does 
     not add to the cost of, the use of such equipment under this 
     title.


                         ``combination of funds

       ``Sec. 104. (a) In General.--In order to develop, 
     implement, and improve school-to-work opportunities systems, 
     States and local recipients that are assisted under this Act 
     may combine funds from programs listed in subsection (e) in 
     accordance with subsections (b) through (d).
       ``(b) State Leadership Activities.--A State may combine 
     funds authorized under section 112(c) with funds available 
     for State leadership activities under one or more of the 
     programs listed in subsection (e) in order to carry out State 
     leadership activities that are authorized under this title as 
     well as under such other program or programs.
       ``(c) Local Activities.--A local recipient may combine 
     funds authorized under section 112(a) with funds available 
     for services and activities related to the development, 
     implementation, or improvement of school-to-work 
     opportunities systems in one or more of the programs listed 
     in subsection (e) in order to provide services and activities 
     that are authorized under this title as well as under such 
     other program or programs.
       ``(d) Administration.--Nothing in this section shall be 
     construed to--
       ``(1) require a State or local recipient under this Act to 
     maintain separate records tracing any services or activities 
     conducted with funds combined under this section to the 
     individual program or programs listed in subsection (e) under 
     which funds were authorized; or
       ``(2) waive or amend any requirement of the programs listed 
     in subsection (e), except as authorized in section 301.
       ``(e) Included Programs.--Funds may be combined for 
     programs, services, or activities authorized under--
       ``(1) this Act;
       ``(2) the School-to-Work Opportunities Act of 1994;
       ``(3) the Goals 2000: Educate America Act;
       ``(4) the Elementary and Secondary Education Act of 1965; 
     and
       ``(5) the Job Training Partnership Act.


                             ``state plans

       ``Sec. 105. (a) State Plan.--Any State desiring to receive 
     a grant under section 111(f) for any fiscal year shall submit 
     to, or have on file with, the Secretary a five-year State 
     plan in accordance with this section. The State may submit 
     its State plan as part of a comprehensive plan that may 
     include State plan provisions under the Goals 2000: Educate 
     America Act, the School-to-Work Opportunities Act of 1994, 
     section 14302 of the Elementary and Secondary Education Act 
     of 1965, the Job Training Partnership Act, and any other 
     Federal education and training program. If the State has an 
     approved State plan under section 213(d) of the School-to-
     Work Opportunities Act of 1994, it shall base its plan under 
     this section on that plan. If the State does not have an 
     approved plan under section 213(d) of the School-to-Work 
     Opportunities Act of 1994, it shall base its plan under this 
     section on an objective assessment of its progress in 
     developing, implementing, and improving its school-to-work 
     opportunities system and in meeting the priorities described 
     in section 101.
       ``(b) Approvals.--(1) Notwithstanding the designation of 
     the responsible agency or agencies under section 112, the 
     agencies that shall approve the State plan under subsection 
     (a) are--
       ``(A) the State educational agency; and
       ``(B) each of the State agencies responsible for higher 
     education (including community colleges) that the State 
     chooses.
       ``(2) The Secretary shall approve a State plan under 
     subsection (a) if the plan meets the requirements of this 
     section and is of sufficient quality to meet the purpose of 
     this Act. The Secretary shall establish a peer review process 
     to make recommendations regarding approval of the State plan 
     and revisions to the plan. The Secretary shall not finally 
     disapprove a State plan before giving the State reasonable 
     notice and an opportunity for a hearing.
       ``(c) Consultation.--(1) In developing and implementing its 
     plan under subsection (a), and any revisions under subsection 
     (f), the State shall consult widely with individuals, 
     employers, and organizations in the State that have an 
     interest in education and training, such as those described 
     in section 213(d)(5) of the School-to-Work Opportunities Act 
     of 1994, and individuals, employers, and organizations that 
     have an interest in education and training for students who 
     are members of special populations.
       ``(2) The State educational agency shall submit the State 
     plan under this section, and any revisions to the State plan 
     under subsection (f), to the Governor for review and comment 
     and shall ensure that any comments the Governor may have are 
     included with the State plan or revision when the State plan 
     or revision is submitted to the Secretary.
       ``(d) Contents.--(1) Each State plan under subsection (a) 
     shall describe how the State will use funds under this title 
     to--
       ``(A) develop, implement, or improve the statewide school-
     to-work opportunities system and address the priorities 
     described in section 101;
       ``(B) ensure that all students, including students who are 
     members of special populations, have the opportunity to 
     achieve to challenging State academic standards and industry-
     based skill standards and will be prepared for postsecondary 
     education, further learning, and entrance into high-skill, 
     high-wage careers;
       ``(C) establish performance goals and indicators described 
     in section 108;
       ``(D) further the State's approved State plan under section 
     213(d) of the School-to-Work Opportunities Act of 1994 or 
     address the needs identified in the State's objective 
     assessment of its progress in developing, implementing, and 
     improving its school-to-work opportunities system; and
       ``(E) carry out State leadership activities under section 
     102.
       ``(2) Each State plan under subsection (a) shall also 
     describe how the State will integrate its services and 
     activities under this title with broad educational reforms in 
     the State, including those under the Goals 2000: Educate 
     America Act and the School-to-Work Opportunities Act of 1994, 
     as well as related services and activities under the 
     Elementary and Secondary
      Education Act of 1965, the Job Training Partnership Act, and 
     relevant employment, training, and welfare programs 
     carried out in the State.
       ``(e) Assurances.--Each State plan under subsection (a) 
     shall contain assurances that the State will--
       ``(1) comply with the requirements of this Act and the 
     provisions of the State plan; and
       ``(2) provide for the fiscal control and fund accounting 
     procedures that may be necessary to ensure the proper 
     disbursement of, and accounting for, funds paid to the State 
     under this Act.
       ``(f) Revisions.--When changes in conditions or other 
     factors require substantial revision to an approved State 
     plan under subsection (a), the State shall submit revisions 
     to the State plan to the Secretary. State plan revisions 
     shall be approved by the State educational agency and each of 
     the State agencies responsible for higher education 
     (including community colleges) that approved the State plan.


                         ``State Administration

       ``Sec. 106. (a) Responsible Agency or Agencies.--Any State 
     desiring to receive a grant under section 111(f) shall, 
     consistent with State law, designate an education agency or 
     agencies that shall be responsible for the administration of 
     services and activities under this Act, including--
       ``(1) the development, submission, and implementation of 
     the State plan;
       ``(2) the efficient and effective performance of the 
     State's duties under this Act; and
       ``(3) consultation with other appropriate agencies, groups, 
     and individuals that are involved in the development and 
     implementation of services and activities assisted under this 
     Act, such as business, industry, parents, students, teachers, 
     labor organizations, community-based organizations, State and 
     local elected officials, and local program administrators.
       ``(b) Special Activities.--Any State that receives a grant 
     under section 111(f) shall--
       ``(1) gather and disseminate data on the effectiveness of 
     services and activities related to the State's school-to-work 
     opportunities system in meeting the educational and 
     employment needs of women and students who are members of 
     special populations;
       ``(2) review proposed actions on applications, grants, 
     contracts, and policies of the State to help to ensure that 
     the needs of women and students who are members of special 
     populations are addressed in the administration of this 
     title;
       ``(3) recommend outreach and other activities that inform 
     women and students who are members of special populations 
     about their education and employment opportunities;
       ``(4) advise local educational agencies, postsecondary 
     educational institutions, and other interested parties in the 
     State on expanding career preparation opportunities for women 
     and students who are members of special populations and 
     helping to ensure that the needs of men and women in training 
     for nontraditional jobs are met; and
       ``(5) work to eliminate bias and stereotyping in education 
     at the secondary and postsecondary levels.
     [[Page S5434]]
     
                          ``Local Applications

       ``Sec. 107. (a) Eligibility.--Schools and other 
     institutions or agencies eligible to apply, individually or 
     as consortia, to a State for a subgrant under this title 
     are--
       ``(1) local educational agencies;
       ``(2) area vocational education schools that provide 
     education at the postsecondary level;
       ``(3) institutions of higher education; and
       ``(4) postsecondary educational institutions controlled by 
     the Bureau of Indian Affairs or operated by or on behalf of 
     any Indian tribe that is eligible to contract with the 
     Secretary of the Interior for the administration of programs 
     under the Indian Self-Determination Act or the Act of April 
     16, 1934.
       ``(b) Application Requirements.--Any applicant that is 
     eligible under subsection (a) and that desires to receive a 
     subgrant under this title shall, according to requirements 
     established by the State, submit an application to the agency 
     or agencies designated under section 106. In addition to 
     including such information as the State may require and 
     identifying the results the applicant seeks to achieve, each 
     application shall also describe how the applicant will use 
     funds under this title to--
       ``(1) develop, improve, or implement a school-to-work 
     opportunities system in secondary and postsecondary schools 
     and address the priorities described in section 101, in 
     accordance with section 103;
       ``(2) evaluate progress toward the results it seeks to 
     achieve, consistent with the performance goals and indicators 
     established under section 108;
       ``(3) coordinate its services and activities with related 
     services and activities offered by community-based 
     organizations, employers, and labor organizations, and, to 
     the extent possible, integrate its services and activities 
     under this title with broad educational reforms in the State, 
     including those under the Goals 2000: Educate America Act and 
     the School-to-Work Opportunities Act of 1994, as well as 
     related services and activities under the Elementary and 
     Secondary Education Act of 1965, the Job Training Partnership 
     Act, and relevant employment, training, and welfare programs 
     carried out in the State; and
       ``(4) consult with students, their parents, and other 
     interested individuals or groups, in developing their 
     services and activities.


                   ``performance goals and indicators

       ``Sec. 108. (a) In General.--(1) Any State desiring to 
     receive a grant under section 111(f) shall--
       ``(A) establish performance goals to define the level of 
     performance to be achieved by students served under this 
     title and to evaluate the quality and effectiveness of 
     services and activities under this title;
       ``(B) express such goals in an objective, quantifiable, and 
     measurable form;
       ``(C) establish performance indicators that the State and 
     local recipients will use in measuring or assessing progress 
     towards achieving such goals; and
       ``(D) provide biennial reports to the public and to the 
     Secretary, in accordance with section 109(c), on the State's 
     progress in achieving its goals, including information on the 
     progress of students who are members of special populations.
       ``(2) Any State may also use amounts it receives for State 
     leadership activities under section 112(c) to evaluate its 
     entire school-to-work opportunities system in secondary and 
     postsecondary schools and to carry out activities under 
     paragraph (1)(D).
       ``(b) Performance Indicators.--The Secretary shall, in 
     collaboration with the Secretary of Labor, work with States 
     to ensure that their performance goals under this section are 
     consistent with challenging State academic standards and 
     industry-based skill standards and their State goals 
     established under the School-to-Work Opportunities Act of 
     1994 and title II of the Job Training Partnership Act. 
     Performance goals established under paragraph (1)(A) of 
     subsection (a) shall be in accord with the National Education 
     Goals and with the purpose of this Act. Performance 
     indicators established under paragraph (1)(C) of subsection 
     (a) shall include at least--
       ``(1) achievement to challenging State academic standards, 
     such as those established under Goals 2000: Educate America 
     Act, and industry-based skill standards;
       ``(2) receipt of a high school diploma, skills certificate, 
     and postsecondary certificate or degree; and
       ``(3) job placement, retention, and earnings, particularly 
     in the career major of the student.
       ``(c) Transition.--Before it establishes performance goals 
     and indicators under subsection (a), each State receiving 
     funds under this title shall use the system of standards and 
     measures developed under section 115 of the Carl D. Perkins 
     Vocational and Applied Technology Education Act as in effect 
     prior to the enactment of this Act. A State shall use its 
     performance goals and indicators established under subsection 
     (a) not later than July 1, 1997.
       ``(d) Technical Assistance.--The Secretary shall provide 
     technical assistance to the States regarding the development 
     of the State's performance goals and indicators under 
     subsection (a). Notwithstanding any other provision of law, 
     the Secretary may use funds appropriated for title II to 
     provide technical assistance under this section.


             ``evaluation, improvement, and accountability

       ``Sec. 109. (a) Local Evaluation.--(1) Each local recipient 
     of a subgrant under this title shall biennially evaluate, 
     using
      performance goals and indicators described in section 108, 
     and report to the State regarding, its use of funds under 
     this title to develop, implement, or improve a school-to-
     work opportunities system at the local level and the 
     effectiveness of its services and activities supported 
     under this title in achieving the priorities described in 
     section 101, including the progress of students who are 
     members of special populations.
       ``(2) Such local recipient may evaluate portions of its 
     school-to-work opportunities system that are not supported 
     with funds under this title, including its entire system. If 
     such recipient does so, it need not evaluate separately that 
     portion of its school-to-work opportunities system supported 
     with funds under this title.
       ``(b) Improvement Activities.--If a State determines, based 
     on the local evaluation under subsection (a) and applicable 
     performance goals and indicators established under section 
     108, that a local recipient is not making substantial 
     progress in achieving the purpose of this Act in accordance 
     with the priorities described in section 101, the State shall 
     work jointly with the local recipient to develop a plan, in 
     consultation with teachers, parents, and students, for 
     improvement for succeeding school years. If, after three 
     years of implementation of the improvement plan, the State 
     determines that the local recipient is not making sufficient 
     progress, the State shall take whatever corrective action it 
     deems necessary, consistent with State law. The State shall 
     take corrective action only after it has provided technical 
     assistance to the recipient and shall ensure that any 
     corrective action it takes allows for continued career 
     preparation education services and activities for the 
     recipient's students.
       ``(c) State Report.--The State shall, once every two years 
     on a schedule determined by the Secretary, report to the 
     Secretary on the quality and effectiveness of its services 
     and activities provided through its grant under title I, 
     based on the performance goals and indicators established 
     under section 108.
       ``(d) Technical Assistance.--If the Secretary determines 
     that the State is not properly implementing its 
     responsibilities under subsection (b), or is not making 
     substantial progress in meeting the purpose of this Act or 
     carrying out services and activities that are in accord with 
     the priorities described in section 101, based on the 
     performance goals and indicators established under section 
     108, the Secretary shall work with the State to implement 
     improvement activities.
       ``(e) Withholding of Federal Funds.--If, after a reasonable 
     time, but not earlier than one year after the implementation 
     of the improvement activities described in subsection (d), 
     the Secretary determines that the State is not making 
     sufficient progress, based on the performance goals and 
     indicators established under section 108, the Secretary 
     shall, after notice and opportunity for a hearing, withhold 
     from the State all, or a portion, of the State's allotment 
     under this title. The Secretary may use funds withheld under 
     the preceding sentence to provide, through alternative 
     arrangements, services activities within the State that meet 
     the purpose of this Act and are in accord with the priorities 
     described in section 101.

             ``PART B--ALLOCATING STATE AND LOCAL RESOURCES


                              ``allotments

       ``Sec. 111. (a) Awards for Excellence.--In each fiscal year 
     after the fiscal year 1998, from the amount made available 
     under section 3(a) for title I, the Secretary may reserve not 
     more than 10 percent for carrying out section 201.
       ``(b) Allotment for Indians and Native Hawaiians.--In each 
     fiscal year, from the amount made available under section 
     3(a) for title I, the Secretary shall reserve 1.50 percent of 
     which--
       ``(1) 1.25 percent shall be for carrying out section 
     206(a); and
       ``(2) 0.25 percent shall be for carrying out section 
     206(d).
       ``(c) Allotment to States.--(1) Subject to paragraph (2), 
     from the remainder of the sum available for title I, the 
     Secretary shall allot to each State for each fiscal year--
       ``(A) an amount that bears the same ratio to 50 percent of 
     the sum being allotted as the product of the population aged 
     15 to 19, inclusive, in the State in the fiscal year 
     preceding the fiscal year for which the determination is made 
     and the State's allotment ratio bears to the sum of the 
     corresponding products for all the States; and
       ``(B) an amount that bears the same ratio to 50 percent of 
     the sum being allotted as the product of the population aged 
     20 to 24, inclusive, in the State in the fiscal year 
     preceding the fiscal year for which the determination is made 
     and the State's allotment ratio bears to the sum of the 
     corresponding products for all the States.
       ``(2)(A) Notwithstanding any other provision of law and 
     subject to subparagraph (B), for any fiscal year through the 
     fiscal year 1998 no State shall receive for services and 
     activities authorized by title I of this Act less than 90 
     percent of the sum of the payments made to the State for the 
     fiscal year 1995 for programs authorized by title II and 
     parts A, B, and E of title III of the Carl D. Perkins 
     Vocational and Applied Technology Education Act.
       ``(B) If for any fiscal year the amount appropriated for 
     services and activities authorized by title I and available 
     for allotment [[Page S5435]] under this section is 
     insufficient to satisfy the provisions of subparagraph (A), 
     the Secretary shall ratably reduce the payments to all States 
     for such services and activities as necessary.
       ``(C) Notwithstanding any other provision of law, the 
     allotment for this title for each of American Samoa, Guam, 
     the Northern Mariana Islands, and the Virgin Islands shall 
     not be less than $200,000.
       ``(d) Allotment Ratio.--The allotment ratio of any State 
     shall be 1.00 less the product of--
       ``(1) 0.50; and
       ``(2) the quotient obtained by dividing the per capita 
     income for the State by the per capita income for all the 
     States (exclusive of American Samoa, Guam, Puerto Rico, the 
     Northern Mariana Islands, and the Virgin Islands), except 
     that--
       ``(A) the allotment ratio shall in no case be more than 
     0.60 or less than 0.40; and
       ``(B) the allotment ratio for American Samoa, Guam, Puerto 
     Rico, the Northern Mariana Islands, and the Virgin Islands 
     shall be 0.60.
       ``(e) Reallotment.--If the Secretary determines that any 
     amount of any State's allotment under subsection (c) for any 
     fiscal year will not be required for carrying out the 
     services and activities for which such amount has been 
     allotted, the Secretary shall make such amount available for 
     reallotment to one or more other States. Any amount 
     reallotted to a State under this subsection shall be deemed 
     to be part of its allotment for the fiscal year in which it 
     is obligated.
       ``(f) State Grants.--From the State's allotment under 
     subsection (c), the Secretary shall make a grant for each 
     fiscal year to each State that has an approved State plan 
     under section 105.
       ``(g) Definitions and Determinations.--For purposes of this 
     section--
       ``(1) allotment ratios shall be computed on the basis of 
     the average of the appropriate per capita incomes for the 
     three most recent consecutive fiscal years for which 
     satisfactory data are available;
       ``(2) the term `per capita income' means, with respect to a 
     fiscal year, the total personal income in the calendar year 
     ending in such year, divided by the population of the area 
     concerned in such year; and
       ``(3) population shall be determined by the Secretary on 
     the basis of the latest estimates available to the Department 
     that are satisfactory to the Secretary.


                       ``within-state allocation

       ``Sec. 112. (a) In General.--(1) For each of the fiscal 
     years 1996 and 1997, the State shall award as subgrants to 
     local recipients at least 80 percent of its grant under 
     section 111(f) for that fiscal year.
       ``(2) For each of the fiscal years 1998 through 2005, the 
     State shall award as subgrants to local recipients at least 
     85 percent of its grant under section 111(f) for that fiscal 
     year.
       ``(b) State Administration.--(1) The State may use an 
     amount not to exceed five percent of its grant under section 
     111(f) for each fiscal year for administering its State plan, 
     including developing the plan, reviewing local applications, 
     supporting activities to ensure the active participation of 
     interested individuals and organizations, and ensuring 
     compliance with all applicable Federal laws.
       ``(2) Each State shall match, from non-Federal sources and 
     on a dollar-for-dollar basis, the funds used for State 
     administration under paragraph (1).
       ``(c) State Leadership.--The State shall use the remainder 
     of its grant under section 111(f) for each fiscal year for 
     State leadership activities described in section 102.


                        ``DISTRIBUTION OF FUNDS

       ``Sec. 113. (a) Distribution of Funds at the Secondary 
     Level.--(1) Except as provided in subsections (c), (d), and 
     (e), each State shall, each fiscal year, distribute to local 
     educational agencies, or consortia of such agencies, within 
     the State funds under this title available for secondary 
     school education services and activities that are conducted 
     in accordance with the priorities described in section 101. 
     Each local educational agency or consortium shall be 
     allocated an amount that bears the same relationship to the 
     amount available as the local educational agency or 
     consortium was allocated under subpart 2 of part A of title I 
     of the Elementary and Secondary Education Act of 1965 in the 
     preceding fiscal year bears to the total amount received 
     under such subpart by all the local educational agencies in 
     the State in such fiscal year.
       ``(2) In applying the provisions of paragraph (1), the 
     State shall--
       ``(A) distribute those funds that, based on the 
     distribution formula under paragraph (1), would have gone to 
     a local educational agency serving only elementary schools, 
     to the local educational agency that provides secondary 
     school services to secondary school students in the same 
     attendance area;
       ``(B) distribute to a local educational agency that has 
     jurisdiction over secondary schools, but not elementary 
     schools, funds based on the number of students that entered 
     such secondary schools in the previous year from the 
     elementary schools involved; and
       ``(C) distribute funds to an area vocational education 
     school in any case in which--
       ``(i) the area vocational education school and the local 
     educational agency or agencies concerned have an agreement to 
     use such funds to provide services and activities in 
     accordance with the priorities described in section 101; and
       ``(ii) the area vocational education school serves an equal 
     or greater proportion of students with disabilities or 
     economically disadvantaged students than the proportion of 
     these students under the jurisdiction of the local 
     educational agencies sending students to the area vocational 
     education school.
       ``(b) Distribution of Funds at the Postsecondary Level.--
     (1) Except as provided in subsections (c), (d), and (e), each 
     State shall, each fiscal year, distribute to eligible 
     institutions, or consortia of such institutions, within the 
     State funds under this title available for postsecondary 
     school education services and activities that are conducted 
     in accordance with the priorities described in section 101. 
     Each
      such eligible institution or consortium shall be allocated 
     an amount that bears the same relationship to the amount 
     of funds available as the number of Pell Grant recipients 
     and recipients of assistance from the Bureau of Indian 
     Affairs enrolled by such institution or consortium in the 
     preceding fiscal year bears to the number of such 
     recipients enrolled in such programs within the State in 
     such fiscal year.
       ``(2) For the purpose of this section--
       ``(A) the term `eligible institution' means--
       ``(i) an institution of higher education;
       ``(ii) a local educational agency providing education at 
     the postsecondary level;
       ``(iii) an area vocational education school providing 
     education at the postsecondary level; and
       ``(iv) a postsecondary educational institution controlled 
     by the Bureau of Indian Affairs or operated by or on behalf 
     of any Indian tribe that is eligible to contract with the 
     Secretary of the Interior for the administration of programs 
     under the Indian Self-Determination Act or the Act of April 
     16, 1934; and
       ``(B) the term `Pell Grant recipient' means a recipient of 
     financial aid under subpart 1 of part A of title IV of the 
     Higher Education Act of 1965.
       ``(c) Alternative Distribution Formula.--The State may 
     distribute funds under subsection (a) or (b) using an 
     alternative formula if the State demonstrates to the 
     Secretary's satisfaction that such alternative formula better 
     meets the purpose of this Act, is in accord with the 
     priorities described in section 101, and that--
       ``(1) in the case of funds distributed to secondary 
     schools--
       ``(A) the formula described in subsection (a) does not 
     result in a distribution of funds to the local educational 
     agencies or consortia that serve secondary school students 
     with the greatest need for services and activities under this 
     title, including students who are members of special 
     populations; and
       ``(B) the alternative formula would better serve the needs 
     of these students; and
       ``(2) in the case of funds distributed to postsecondary 
     schools--
       ``(A) the formula described in subsection (b) does not 
     result in a distribution of funds to the eligible 
     institutions or consortia that have the highest numbers or 
     percentages of economically disadvantaged students, as 
     described in subsection (g); and
       ``(B) the alternative formula would result in such a 
     distribution.
       ``(d) Minimum Subgrant Amounts.--(1)(A) Except as provided 
     in subparagraph (B), no local educational agency shall be 
     eligible for a subgrant under this title unless the amount 
     allocated to that agency under subsection (a) or (c) equals 
     or exceeds $15,000.
       ``(B) The State may waive the requirement in subparagraph 
     (A)) in any case in which the local educational agency--
       ``(i) enters into a consortium with one or more other local 
     educational agencies to provide services and activities 
     conducted in accordance with the priorities described in 
     section 101 and the aggregate amount allocated and awarded to 
     the consortium equals or exceeds $15,000; or
       ``(ii) is located in a rural, sparsely-populated area and 
     demonstrates that the agency is unable to enter into a 
     consortium for the purpose of providing services and 
     activities conducted in accordance with the priorities 
     described in section 101.
       ``(2)(A) Except as provided in subparagraph (B), no 
     eligible institution shall be eligible for a subgrant under 
     this title unless the amount allocated to that institution 
     under subsection (b) or (c) equals or exceeds $50,000.
       ``(B) The State may waive the requirement in subparagraph 
     (A)) in any case in which the eligible institution--
       ``(i) enters into a consortium with one or more other 
     eligible institutions to provide services and activities 
     conducted in accordance with the priorities described in 
     section 101 and the aggregate amount allocated and awarded to 
     the consortium equals or exceeds $50,000; or
       ``(ii) is a tribally controlled community college.
       ``(e) Secondary-Postsecondary Consortia.--The State may 
     distribute funds available in any fiscal year for secondary 
     and postsecondary schools, as applicable, to one or more 
     local educational agencies and one or more eligible 
     institutions that enter into a consortium in any case in 
     which--
       ``(1) the consortium has been formed to provide services 
     and activities conducted in accordance with the priorities 
     described in section 101; and
       ``(2) the aggregate amount allocated and awarded to the 
     consortium under subsections (a), (b), and (c) equals or 
     exceeds $50,000.
       ``(f) Reallocations.--The State shall reallocate to one or 
     more local educational [[Page S5436]] agencies, eligible 
     institutions, and consortia any amounts that are allocated in 
     accordance with subsections (a) through (e), but that would 
     not be used by a local educational agency or eligible 
     institution, in a manner the State determines will best serve 
     the purpose of this Act and be in accord with the priorities 
     described in section 101.
       ``(g) Economically Disadvantaged Students.--For the 
     purposes of this section, the State may determine the number 
     of economically disadvantaged students on the basis of--
       ``(1) eligibility for free or reduced-price meals under the 
     National School Lunch Act, the program for aid to dependent 
     children under part A of title IV of the Social Security Act, 
     or benefits under the Food Stamp Act of 1977;
       ``(2) the number of children counted for allocation 
     purposes under title I of the Elementary and Secondary 
     Education Act of 1965; or
       ``(3) any other index or disadvantaged economic status if 
     the State demonstrates to the satisfaction of the Secretary 
     that the index is more representative of the number of low-
     income students than the indices described in paragraphs (1) 
     and (2).

        ``TITLE II--NATIONAL SUPPORT FOR STATE AND LOCAL REFORMS


                        ``awards for excellence

       ``Sec. 201. The Secretary may, from the amount reserved 
     under section 111(a) for any fiscal year after the fiscal 
     year 1998, and through a peer review process, make 
     performance awards to one or more States that have--
       ``(1) exceeded in an outstanding manner the performance 
     goals set in section 108;
       ``(2) implemented exemplary school-to-work opportunities 
     systems in secondary and postsecondary schools in accordance 
     with the priorities described in section 101; or
       ``(3) provided exemplary education services and activities 
     for students who are members of special populations.


                         ``national activities

       ``Sec. 202. (a) General Authority.--(1) In order to carry 
     out the purpose of this Act, the Secretary may, directly or 
     through grants, contracts, or cooperative agreements, carry 
     out research, development, dissemination, evaluation, 
     capacity-building, and technical assistance activities with 
     regard to the services and activities carried out under this 
     Act. The Secretary shall coordinate activities carried out 
     under this section with related activities under the School-
     to-Work Opportunities Act of 1994, the Goals 2000: Educate 
     America Act, the Job Training Partnership Act, and the 
     Elementary and Secondary Education Act of 1965.
       ``(2) Research and development activities carried out under 
     this section may include support for States in their 
     development of performance goals and indicators established 
     under section 108. The Secretary shall broadly disseminate 
     information resulting from research and development 
     activities carried out under this Act, and shall ensure broad 
     access at the State and local levels to the information 
     disseminated.
       ``(3) Activities carried out under this section may include 
     support for youth development partnerships that are promoted 
     by the Secretary and the Secretary of Labor, working with 
     other agencies and entities such as the Corporation for 
     National and Community Service, and that facilitate 
     innovative arrangements at the State and local level among 
     business, community-based organizations, labor organizations, 
     and educational institutions.
       ``(4) Activities carried out under this section may include 
     support for occupational and career information systems.
       ``(5) The Secretary shall coordinate technical assistance 
     activities carried out under this section with related 
     technical assistance activities carried out under the Job 
     Training Partnership Act and title XIII of the Elementary and 
     Secondary Education Act of 1965.
       ``(b) Professional Development.--(1) The Secretary may, 
     directly, or through grants, contracts, or cooperative 
     agreements, support professional development activities for 
     educators (including teachers, administrators, and 
     counselors) to help to ensure that all students receive an 
     education that enables them to enter high-skill, high-wage 
     careers. Entities eligible to receive funds under this 
     subsection are institutions of higher education, other public 
     or private nonprofit organizations or agencies, and consortia 
     of such institutions, organizations, or agencies.
       ``(2)(A) Professional development activities supported 
     under this subsection shall--
       ``(i) be tied to challenging State academic standards and 
     industry-based skill standards;
       ``(ii) take into account recent research on teaching and 
     learning;
       ``(iii) be of sufficient intensity and duration to have a 
     positive and lasting impact on the educator's performance;
       ``(iv) include strong substantive and pedagogical 
     components; and
       ``(v) be designed to improve educators' skills in such 
     areas as integrating academic and vocational instruction, 
     articulating secondary and postsecondary education, combining 
     school-based and work-based instruction, and using 
     occupational and career information.
       ``(B) Funds under this subsection may be used for such 
     activities as pre-service and inservice training and support 
     for development of local, regional, and national educator 
     networks that facilitate the exchange of information relevant 
     to the development of school-to-work opportunities systems.
       ``(3) In supporting activities under this subsection, the 
     Secretary shall give priority to designing and implementing 
     new models of professional development for educators, and 
     preparing educators to use innovative forms of instruction, 
     such as worksite learning and the integration of academic and 
     occupational instruction. The Secretary shall coordinate the 
     professional development activities carried out under this 
     subsection with related activities carried out under the Job 
     Training Partnership Act and title II of the Elementary and 
     Secondary Education Act of 1965, as well as with other 
     related professional development activities supported by the 
     Department.


                         ``National Assessment

       ``Sec. 203. (a) General Authority.--(1) The Secretary shall 
     conduct a national assessment of services and activities 
     assisted under this Act, through independent studies and 
     analyses, including, when appropriate, studies based on data 
     from
      longitudinal surveys, that are conducted through one or more 
     competitive awards.
       ``(2) The Secretary shall appoint an independent advisory 
     panel, consisting of administrators, educators, researchers, 
     and representatives of business, industry, labor, and other 
     relevant groups, as well as representatives of Governors and 
     other State and local officials, to advise the Secretary on 
     the implementation of such assessment, including the issues 
     to be addressed, the methodology of the studies, and the 
     findings and recommendations. The panel, at its discretion, 
     may submit to the Congress an independent analysis of the 
     findings and recommendations of the assessment.
       ``(b) Contents.--The assessment required under subsection 
     (a) shall examine the extent to which services and activities 
     assisted under this Act have achieved their intended purposes 
     and results, including the extent to which--
       ``(1) State and local services and activities have 
     developed, implemented, or improved systems established under 
     the School-to-Work Opportunities Act of 1994;
       ``(2) services and activities assisted under this Act 
     succeed in preparing students, including students who are 
     members of special populations, for postsecondary education, 
     further learning, or entry into high-skill, high-wage 
     careers;
       ``(3) students who participate in services and activities 
     supported under this Act succeed in meeting challenging State 
     academic standards and industry-based skill standards; and
       ``(4) the systems improvement, participation, local and 
     State assessment, and accountability provisions of this Act, 
     including the performance goals and indicators established 
     under section 108, are effective.
       ``(c) Report.--The Secretary shall submit to the Congress 
     an interim report on or before July 1, 2000, and a final 
     report on or before July 1, 2004.


                       ``national research center

       ``Sec. 204. (a) General Authority.--(1) The Secretary may, 
     through a grant or contract, establish one or more national 
     centers in the areas of applied research, development, and 
     dissemination. The Secretary shall consult with the Secretary 
     of Labor and with States prior to establishing one or more 
     such centers.
       ``(2) Entities eligible to receive funds under this section 
     are institutions of higher education, other public or private 
     nonprofit organizations or agencies, and consortia of such 
     institutions, organizations, or agencies.
       ``(3) The national center in existence on the date of the 
     enactment of the Career Preparation Education Reform Act of 
     1995 shall continue to receive assistance under this section 
     in accordance with terms of its current award.
       ``(b) Activities.--(1) The applied research, development, 
     and dissemination activities carried out by the national 
     center or centers shall include--
       ``(A) activities that assist recipients of funds under this 
     Act to meet the requirements of section 103; and
       ``(B) such other activities as the Secretary determines to 
     be appropriate to achieve the purpose of this Act.
       ``(2) The center or centers conducting the activities 
     described in paragraph (1) shall annually prepare a summary 
     of key research findings of such center or centers and shall 
     submit copies of the summary to the Secretaries of Education, 
     Labor, and Health and Human Services. The Secretary shall 
     submit that summary to the Committee on Labor and Human 
     Resources of the Senate, and the Committee on Economic and 
     Educational Opportunities of the House of Representatives.


                             ``data systems

       ``Sec. 205. (a) In General.--The Secretary shall maintain a 
     data system to collect information about, and report on, the 
     condition of school-to-work opportunities systems and on the 
     effectiveness of State and local services and activities 
     carried out under this Act in order to provide the Secretary 
     and the Congress, as well as Federal, State, local, and 
     tribal agencies, with information relevant to improvement in 
     the quality and effectiveness of career preparation education 
     activities and services. The Secretary shall periodically 
     report to the Congress on the Secretary's analysis of 
     performance data collected each year pursuant to this Act.
       ``(b) Contents.--The data system shall-- [[Page S5437]] 
       ``(1) provide information to evaluate, to the extent 
     feasible, the participation and performance of students, 
     including students who are members of special populations;
       ``(2) include data that are at least nationally 
     representative;
       ``(3) report on career preparation in the context of 
     education reform; and
       ``(4) be based, to the extent feasible, on data from 
     general purpose data systems of the Department or other 
     Federal agencies, augmented as necessary with data from 
     additional surveys focusing on career preparation education.
       ``(c) Coordination.--(1) The Secretary shall consult with a 
     wide variety of experts in academic and occupational 
     education, including individuals with expertise in the 
     development and implementation of school-to-work 
     opportunities systems, in the development of data collections 
     and reports under this section.
       ``(2) In maintaining the data system, the Secretary shall--
       ``(A) ensure that the system, to the extent practicable, 
     uses comparable information elements and uniform definitions 
     common to State plans, performance indicators, and State and 
     local assessments; and
       ``(B) cooperate with the Secretaries of Commerce and Labor 
     to ensure that the data system is compatible with other 
     Federal information systems regarding occupational data, and 
     to the extent feasible, allow for international comparisons.
       ``(3) The Secretary and the Secretary of Labor shall 
     jointly define common terms and definitions that all State 
     grantees and local applicants shall use in program 
     administration, data collection and reporting, and evaluation 
     at all levels for programs supported under this Act and the 
     Job Training Partnership Act.
       ``(d) Assessments.--(1) As a regular part of its 
     assessments, the National Center for Education Statistics 
     shall collect and report information on career preparation at 
     the secondary school level for a nationally representative 
     sample of students, including students who are members of 
     special populations, which shall allow for fair and accurate 
     assessment and comparison of the educational achievement of 
     students in the areas assessed. Such assessment may include 
     international comparisons.
       ``(2) The Commissioner of Education Statistics may 
     authorize a State educational agency, or consortium of such 
     agencies, to use items and data from the National Assessment 
     of Educational Progress for the purpose of evaluating a 
     course of study related to services and activities under 
     title I, if the Commissioner has determined in writing that 
     such use will not--
       ``(A) result in the identification of characteristics or 
     performance of individual schools or students;
       ``(B) result in the ranking or comparing of schools or 
     local educational agencies;
       ``(C) be used to evaluate the performance of teachers, 
     principals, or other local educators for reward or 
     punishment; or
       ``(D) corrupt the use or value of data collected for the 
     National Assessment.


         ``career preparation for indians and native hawaiians

       ``Sec. 206. (a) Assistance to Tribes or Bureau-Funded 
     Schools.--(1)(A) From funds reserved under section 111(b)(1) 
     for each fiscal year, the Secretary shall make grants to, or 
     enter into cooperative agreements with, tribal organizations 
     of eligible Indian tribes or Bureau-funded schools to develop 
     and provide services and activities that are consistent with 
     the purpose of this Act and conducted in accordance with the 
     priorities described in section 101.
       ``(B) Any tribal organization or Bureau-funded school that 
     receives assistance under this subsection shall--
       ``(i) establish performance goals and indicators to define 
     the level of performance to be achieved by students served 
     under this subsection;
       ``(ii) evaluate the quality and effectiveness of services 
     and activities provided under this subsection; and
       ``(iii) help to ensure that students served under this 
     subsection achieve to challenging academic and skill 
     standards, receive high school diplomas, skill certificates, 
     and postsecondary certificates or degrees, and enter 
     employment related to their career major.
       ``(2)(A) The Secretary shall make such a grant or 
     cooperative agreement--
       ``(i) upon the request of any Indian tribe that is eligible 
     to contract with the Secretary of the Interior for programs 
     under the Indian Self-Determination Act or the Act of April 
     16, 1934; or
       ``(ii) upon the application (filed under such conditions as 
     the Secretary may require) of any Bureau-funded school that 
     offers secondary programs.
       ``(B)(i) A grant or cooperative agreement under this 
     subsection with any tribal organization shall be subject to 
     the terms and conditions of section 102 of the Indian Self-
     Determination Act, and shall be conducted in accordance with 
     the provisions of sections 4, 5, and 6 of the Act of April 
     16, 1934 that are relevant to the services and activities 
     administered under this subsection.
       ``(ii) A grant or cooperative agreement under this 
     subsection with any Bureau-funded school shall not be subject 
     to the requirements of the Indian Self-Determination Act or 
     the Act of April 16, 1934.
       ``(C) Any tribal organization or Bureau-funded school 
     eligible to receive assistance under this subsection may 
     apply individually or as part of a consortium with another 
     tribal organization or school.
       ``(D) The Secretary may not place upon such grants or 
     cooperative agreements any restrictions relating to programs 
     or results other than those that apply to grants or 
     cooperative agreements to States under this Act.
       ``(3) Any tribal organization or Bureau-funded school 
     receiving assistance under this subsection may provide 
     stipends to students who are undertaking career preparation 
     education and who have acute economic needs that cannot be 
     met through work-study programs.
       ``(4) In making grants or cooperative agreements under this 
     subsection, the Secretary shall give special consideration to 
     awards that involve, are coordinated with, or encourage, 
     tribal economic development plans.
       ``(b) Assistance to Tribally Controlled Postsecondary 
     Vocational Institutions.--(1) The Secretary may make five-
     year grants to tribally controlled postsecondary vocational 
     institutions to provide basic support for educating Indian 
     students, including support for the operation, maintenance, 
     and capital expenses of such institutions.
       ``(2) To be eligible for assistance under this subsection, 
     a tribally controlled postsecondary vocational institution 
     shall--
       ``(A) be governed by a board of directors or trustees, a 
     majority of whom are Indians;
       ``(B) demonstrate adherence to stated goals, a philosophy, 
     or a plan of operation that fosters individual Indian 
     economic self-sufficiency;
       ``(C) have been in operation for at least three years;
       ``(D) hold accreditation with, or be a candidate for 
     accreditation by, a nationally recognized accrediting 
     authority for postsecondary vocational education;
       ``(E) offer technical degrees or certificate-granting 
     programs; and
       ``(F) enroll the full-time equivalent of not less than 100 
     students, or whom a majority are Indians.
       ``(3) The Secretary shall, based on the availability of 
     appropriations, distribute to each tribally controlled 
     vocational institution having an approved application an 
     amount based on full-time equivalent Indian students at each 
     such institution.
       ``(c) Accountability.--The Secretary shall require from 
     each institution assisted under this section such information 
     regarding fiscal control and program quality and 
     effectiveness as is reasonable.
       ``(d) Assistance to Native Hawaiians.--From the funds 
     reserved under section 111(b)(2) for each fiscal year, the 
     Secretary shall make one or more grants to, or enter into one 
     or more cooperative agreements with, organizations, 
     institutions, or agencies with experience providing 
     educational and related services to Native Hawaiians to 
     develop and provide, for the benefit of Native Hawaiians, 
     services and activities that are consistent with the purpose 
     of this Act and conducted in accordance with the priorities 
     described in section 101.
       ``(e) Definitions.--For the purposes of this section:
       ``(1) The term `Bureau-funded school' has the same meaning 
     given `Bureau funded school' in section 1146(3) of the 
     Education Amendments of 1978 (25 U.S.C. 2026(3)).
       ``(2) The term `full-time equivalent Indian students' means 
     the sum of the number of Indian students enrolled full time 
     at an institution, plus the full-time equivalent of the 
     number of Indian students enrolled part time (determined on 
     the basis of the quotient of the sum of the credit hours of 
     all part-time students divided by 12) at each institution.
       ``(3) The terms `Indian' and `Indian tribe' have the 
     meaning given such terms in section 2 of the Tribally 
     Controlled Community College Assistance Act of 1978.

                    ``Title III--GENERAL PROVISIONS


                               ``waivers

       ``Sec. 301. (a) Request for Waiver.--Any State may request, 
     on its own behalf or on behalf of a local recipient, a waiver 
     by the Secretary or the Secretary of Labor, as appropriate, 
     of one or more statutory or regulatory provisions described 
     in this
      section in order to carry out more effectively State efforts 
     to reform education and develop school-to-work 
     opportunities systems in the State.
       ``(b) General Authority.--(1) Except as provided in 
     subsection (d), the Secretary may waive any requirement of 
     any statute listed in subsection (c), or of the regulations 
     issued under that statute, and the Secretary of Labor may 
     waive any statutory or regulatory requirement under the Job 
     Training Partnership Act, for a State that requests such a 
     waiver--
       ``(A) if, and only to the extent that, the Secretary or the 
     Secretary of Labor determines that such requirement impedes 
     the ability of the State to carry out State efforts to reform 
     education and develop school-to-work opportunities systems in 
     the State;
       ``(B) if the State waives, or agrees to waive, any similar 
     requirements of State law;
       ``(C) if, in the case of a statewide waiver, the State--
       ``(i) has provided all local recipients of assistance under 
     this Act in the State with notice of, and an opportunity to 
     comment on, the State's proposal to request a waiver; and
       ``(ii) has submitted the comments of such recipients to the 
     appropriate Secretary; and
       ``(D) if the State provides such information as the 
     Secretary or the Secretary of Labor [[Page S5438]] reasonably 
     requires in order to make such determinations.
       ``(2) The Secretary or the Secretary of Labor, as 
     appropriate, shall act promptly on any request submitted 
     under paragraph (1).
       ``(3) Each waiver approved under this subsection shall be 
     for a period not to exceed five years, except that the 
     Secretary or the Secretary of Labor may extend such period if 
     the Secretary or the Secretary of Labor determines that the 
     waiver has been effective in enabling the State to carry out 
     the purpose of this Act.
       ``(c) Programs.--(1) The statutes subject to the waiver 
     authority of the Secretary under this section are--
       ``(A) this Act;
       ``(B) part A of title I of the Elementary and Secondary 
     Education Act 1965 (authorizing programs and activities to 
     help disadvantaged children meet high standards);
       ``(C) part B of title II of the Elementary and Secondary 
     Education Act of 1965 (Dwight D. Eisenhower Professional 
     Development Program);
       ``(D) title IV of the Elementary and Secondary Education 
     Act of 1965 (Safe and Drug-Free Schools and Communities Act 
     of 1994);
       ``(E) title VI of the Elementary and Secondary Education 
     Act of 1965 (Innovative Education Program Strategies);
       ``(F) part C of title VII of the Elementary and Secondary 
     Education Act of 1965 (Emergency Immigrant Education 
     Program); and
       ``(G) the School-to-Work Opportunities Act of 1994.
       ``(2) The Secretary may not waive any requirement under 
     paragraph (1)(G) without the concurrence of the Secretary of 
     Labor.
       ``(d) Waivers Not Authorized.--The Secretary or the 
     Secretary of Labor may not waive any statutory or regulatory 
     requirement of the programs listed in subsection (c) relating 
     to--
       ``(1) the basic purposes or goals of the affected programs;
       ``(2) maintenance of efforts;
       ``(3) comparability of services;
       ``(4) the equitable participation of students attending 
     private schools;
       ``(5) parental participation and involvement;
       ``(6) the distribution of funds to States or to local 
     recipients;
       ``(7) the eligibility of an individual for participation in 
     the affected programs;
       ``(8) public health or safety, labor standards, civil 
     rights, occupational safety and health, or environmental 
     protection; or
       ``(9) prohibitions or restrictions relating to the 
     construction of buildings or facilities.
       ``(e) Termination of Waivers.--The Secretary or the 
     Secretary of Labor, as appropriate, shall periodically review 
     the performance of any State for which that Secretary has 
     granted a waiver under this section and shall terminate such 
     waiver if the Secretary determines that the performance of 
     the State affected by the waiver has been inadequate to 
     justify a continuation of the waiver, or the State fails to 
     waive similar requirements of State law in accordance with 
     subsection (b)(1)(B).


                      ``effect of federal payments

       ``Sec. 302. (a) Student Financial Assistance.--(1) The 
     portion of any student financial assistance received under 
     this Act that is made available for attendance costs 
     described in paragraph (2) shall not be considered as income 
     or resources in determining eligibility for assistance under 
     any program of welfare benefits, including aid to families 
     with dependent children under a State plan approved under 
     part A of title IV of the Social Security Act and aid to 
     dependent children, that is funded in whole or in part with 
     Federal funds.
       ``(2) For purposes of this subsection, attendance costs 
     are--
       ``(A) tuition and fees normally assessed a student carrying 
     the same academic workload, as determined by the institution, 
     including costs for rental or purchase of any equipment, 
     materials, or supplies required of all students in the same 
     course of study; and
       ``(B) an allowance for books, supplies, transportation, 
     dependent care, and miscellaneous personal expenses for 
     student attending the institution on at least a half-time 
     basis, as determined by the institution.
       ``(b) Institutional Aid.--No State shall take into 
     consideration payments under this Act in determining, for any 
     educational agency or institution in that State, the 
     eligibility for State aid, or the amount of State aid, with 
     respect to public education within the State.


             ``identification of state-imposed requirements

       ``Sec. 303. Any State rule or policy imposed on the 
     provision of services or activities funded by this Act, 
     including any rule or policy based on State interpretation of 
     any Federal law, regulation, or guideline, shall be 
     identified as a State-imposed requirement.


                       ``out-of-state relocations

       ``Sec. 304. No funds provided under this Act shall be used 
     for the purpose of directly providing incentives or 
     inducements to an employer to relocate a business enterprise 
     from one State to another if such relocation would result in 
     a reduction in the number of jobs available in the State 
     where the business enterprise is located before such 
     incentives or inducements are offered.
                             ``DEFINITIONS

       ``Sec. 305. As used in this Act:
       ``(1) The term `all aspects of an industry' has the same 
     meaning as given that term under section 4(1) of the School-
     to-Work Opportunities Act of 1994.
       ``(2) The term `all students' has the same meaning as given 
     that term under section 4(2) of the School-to-Work 
     Opportunities Act of 1994.
       ``(3) The term `area vocational education school' means--
       ``(A) a specialized public high school that provides 
     vocational education to students who are preparing to earn a 
     high school diploma or its equivalency and to enter the labor 
     market; or
       ``(B) a public technical institute or vocational school 
     that provides vocational education to individuals who have 
     completed or left high school and who are preparing to enter 
     the labor market.
       ``(4) The term `career guidance and counseling' has the 
     same meaning as given that term under section 4(4) of the 
     School-to-Work Opportunities Act of 1994.
       ``(5) The term `career major' has the same meaning as given 
     that term under section 4(5) of the School-to-Work 
     Opportunities Act of 1994.
       ``(6) The term `community-based organization' means any 
     such organization of demonstrated effectiveness described in 
     section 4(5) of the Job Training Partnership Act.
       ``(7) The term `institution of higher education' has the 
     same meaning as given that term under section 1201(a) of the 
     Higher Education Act of 1965.
       ``(8) The term `limited English proficiency' has the 
     meaning given such term in section 7501(8) of the Elementary 
     and Secondary Education Act of 1965.
       ``(9) The term `local educational agency' has the same 
     meaning as given that term under section 4(10) of the School-
     to-Work Opportunities Act of 1994.
       ``(10) The `school dropout' has the same meaning as given 
     that term under section 4(17) of the School-to-Work 
     Opportunities Act of 1994.
       ``(11) The term `Secretary' means the Secretary of 
     Education.
       ``(12) The term `skill certificate' has the same meaning as 
     given that term under section 4(22) of the School-to-Work 
     Opportunities Act of 1994.
       ``(13) The term `special populations' includes students 
     with disabilities, educationally or economically 
     disadvantaged students, students of limited English 
     proficiency, foster children, migrant children, school 
     dropouts, students who are identified as being at-risk of 
     dropping out of secondary school, students who are seeking to 
     prepare for occupations that are not traditional for their 
     gender, and, to the extent feasible, individuals younger than 
     age 25 in correctional institutions.
       ``(14) Except as otherwise provided, the term `State' 
     includes, in addition to each of the several States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     Virgin Islands, Guam, American Samoa, and the Northern 
     Mariana Islands.
       ``(15) The term `State educational agency' has the same 
     meaning as given that term section 4(24) of the School-to-
     Work Opportunities Act of 1994.
       ``(16) The term `students with disabilities' means students 
     who have a disability or disabilities, as such term is 
     defined in section 3(2) of the Americans With Disabilities 
     Act of 1990.
       ``(17) The term `tribally controlled community college' 
     means an institution that receives assistance under the 
     Tribally Controlled Community College Assistance Act of 1976 
     or the Navajo Community College Act.''.
                 TITLE II--EFFECTIVE DATES; TRANSITION


                             effective date

       Sec. 201. This Act shall take effect on July 1, 1996.


                               transition

       Sec. 202. Notwithstanding any other provisions of law--
       (1) Upon enactment of the Career Preparation Education 
     Reform Act of 1995, a State or local recipient of funds under 
     the Carl D. Perkins Vocational and Applied Technology 
     Education Act may use any such unexpended funds to carry out 
     services and activities that are authorized by either such 
     Act or the Carl D. Perkins Career Preparation Education Act; 
     and
       (2) a State or local recipient of funds under the Carl D. 
     Perkins Career Preparation Education Act for the fiscal year 
     1996 may use such funds to carry out services and activities 
     that are authorized by either such Act or were authorized by 
     the Carl D. Perkins Vocational and Applied Technology 
     Education Act prior to its amendment.

                  TITLE III--AMENDMENTS TO OTHER ACTS


             amendments to the job training partnership act

       Sec. 301. The Job Training Partnership Act (29 U.S.C. 1501 
     et seq.) is amended--
       (1) in section (4)--
       (A) in paragraph (14), by striking ``in section 521(22) of 
     the Carl D. Perkins Vocational Education Act'' and inserting 
     in lieu thereof ``section 4(10) of the School-to-Work 
     Opportunities Act of 1994''; and
       (B) in paragraph (28), by striking ``Vocational Education 
     Act'' and inserting in lieu thereof ``Vocational and Applied 
     Technology Education Act as in effect on the day prior to the 
     date of enactment of the Career Preparation Education Reform 
     Act of 1995'';
       (2) in section 121(a)(2), by adding at the end thereof the 
     following sentence: ``The State may submit such plan as part 
     of a State [[Page S5439]] plan, or amendment to a State plan, 
     under the Carl D. Perkins Career Preparation Education Act or 
     the School-to-Work Opportunities Act of 1994.'';
       (3) in section 122(b)--
       (A) by amending paragraph (8) to read as follows:
       ``(8) consult with the appropriate State agency under 
     section 106 of the Carl D. Perkins Career Preparation 
     Education Act to obtain a summary of activities and an 
     analysis of results in training women in nontraditional 
     employment under such Act, and annually disseminate such 
     summary to service delivery areas, service providers 
     throughout the State, and the Secretary;''; and
       (B) in paragraph (11)(B), by striking ``section 113(b)(14) 
     of the Carl D. Perkins Vocational Education Act'' and 
     inserting in lieu thereof ``section 105(e)(2) of the Carl D. 
     Perkins Career Preparation Education Act'';
       (4) in section 123(c)--
       (A) in paragraph (1)(E)(iii), by striking ``Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2301 et seq.)'' and inserting in lieu thereof ``Carl D. 
     Perkins Career Preparation Education Act''; and
       (B) in paragraph (2)(D)(iii), by striking ``Vocational and 
     Applied Technology'' and inserting in lieu thereof ``Career 
     Preparation'';
       (5) in section 125--
       (A) in subsection (a), by inserting after ``coordinating 
     committee'' a comma and ``as described in section 422(b) of 
     the Carl D. Perkins Vocational and Applied Technology 
     Education Act as in effect on the day prior to the date of 
     enactment of the Career Preparation Education Reform Act of 
     1995,'';
       (B) in subsection (b)(1), by striking out ``Vocational'' 
     and inserting in lieu thereof ``Career Preparation''; and
       (C) in subsection (c), by inserting after ``Coordinating 
     Committee'' a comma and ``as established in section 422(a) of 
     the Carl D. Perkins Vocational and Applied Technology 
     Education Act as in effect on the day prior to the date of 
     enactment of the Career Preparation Education Reform Act of 
     1995,'';
       (6) in section 205(a)(2), by striking ``Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2301 et seq.)'' and inserting in lieu thereof ``Carl D. 
     Perkins Career Preparation Education Act'';
       (7) in section 265(b)(3), by striking ``Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2301 et seq.)'' and inserting in lieu thereof ``Carl D. 
     Perkins Career Preparation Education Act'';
       (8) in section 314(g)(2), by striking out ``Vocational and 
     Applied Technology'' and inserting in lieu thereof ``Career 
     Preparation'';
       (9) in section 427(a)(1), by striking ``local agencies, 
     including a State board or agency designated pursuant to 
     section 111(a)(1) of the Carl D. Perkins Vocational Act which 
     operates or wishes to develop area vocational education 
     school facilities or residential vocational schools (or both) 
     as authorized by such Act, or private organizations'' and 
     inserting in lieu thereof ``local agencies, or private 
     organizations'';
       (10) in section 455(b), by striking ``Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2301 et seq.)'' and inserting in lieu thereof ``Carl D. 
     Perkins Career Preparation Education Act'';
       (11) in section 461(c), by stiking out ``Vocational'' and 
     inserting in lieu thereof ``Career Preparation'';
       (12) in section 464--
       (A) in subsection (a), by striking out ``Carl D. Perkins 
     Vocational Education Act)'' and inserting in lieu thereof 
     ``Carl D. Perkins Vocational and Applied Technology Education 
     Act as in effect on the day prior to the date of enactment of 
     the Career Preparation Education Reform Act of 1995)'';
       (B) in subsection (b), by striking out ``In addition to its 
     responsibilities under the Carl D. Perkins Vocational 
     Education Act, the'' and inserting in lieu thereof ``The''; 
     and
       (C) in subsection (c), by striking out ``this Act, under 
     section 422 of the Carl D. Perkins Vocational Education Act, 
     and'' and inserting in lieu thereof ``this Act and'';
       (13) in section 605(c), by striking out ``Vocational 
     Education Act)'' and inserting in lieu thereof ``Vocational 
     and Applied Technology Education Act as in effect on the day 
     prior to the date of enactment of the Career Preparation 
     Education Reform Act of 1996)'';
       (14) in section 701(b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In General.--For purposes of this title, the term 
     `applicable Federal human resource program' includes any 
     program authorized under the provisions of law described 
     under paragraph (2)(A) that the Governor and the head of the 
     State agency or agencies responsible for the administration 
     of such program jointly agree to include within the 
     jurisdiction of the State Council.''; and
       (B) in paragraph (2)(A)(ii), by striking ``Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2301 et seq.)'' and inserting in lieu thereof ``Carl D. 
     Perkins Career Preparation Education Act''; and
       (15) in section 703(a)(2), by striking the comma after 
     ``section 123(a)(2)(D)'' and ``except that, with respect to 
     the Carl D. Perkins Vocational and Applied Technology 
     Education Act (20 U.S.C. 2301 et seq.), such State may use 
     funds only to the extent provided under section 112(g) of 
     such Act.''


                   AMENDMENTS TO THE SMITH-HUGHES ACT

       Sec. 302. The Act of February 23, 1917 (20 U.S.C. 11 et 
     seq.) is amended--
       (1) in section 1 (20 U.S.C. 11), by inserting ``through the 
     fiscal year 1995'' after ``annually appropriated'';
       (2) in section 2 (20 U.S.C. 12)--
       (A) by inserting ``through the fiscal year 1995'' after 
     ``there is annually appropriated''; and
       (B) by inserting ``through the fiscal year 1995'' after 
     ``There is appropriated for each fiscal year'';
       (3) in section 3 (20 U.S.C. 13)--
       (A) by inserting ``through the fiscal year 1995'' after 
     ``there is annually appropriated''; and
       (B) by inserting ``through the fiscal year 1995 after 
     ``There is appropriated'';
       (4) in section 4 (20 U.S.C. 14)--
       (A) by inserting ``through the fiscal year 1995'' after 
     ``there is annually appropriated''; and
       (B) by inserting ``through the fiscal year 1995'' after 
     ``And there is appropriated''; and
       (5) in section 7 (20 U.S.C. 15), by inserting ``through the 
     fiscal year 1995'' after ``There is authorized to be 
     appropriated''.


                 AMENDMENTS TO THE ADULT EDUCATION ACT

       Sec. 303. The Adult Education Act (20 U.S.C. 1201 et seq.) 
     is amended--
       (1) in section 322(a)(4), by striking ``Vocational and 
     Applied Technology'' and inserting in lieu thereof ``Career 
     Preparation'';
       (2) in section 342--
       (A) in subsection (c)(11), by striking ``Carl D. Perkins 
     Vocational Education Act of 1963'' and inserting in lieu 
     thereof ``Carl D. Perkins Career Preparation Education Act''; 
     and
       (B) in subsection (d), by striking ``Vocational'' and 
     inserting in lieu thereof ``Career Preparation''; and
       (3) by amending section 384(d)(1)(D)(ii) to read as 
     follows:
       ``(ii) be coordinated with activities conducted by other 
     educational and training entities that provide relevant 
     technical assistance;''.


       amendments to the school-to-work opportunities act of 1994

       Sec. 304. The School-to-Work Opportunities Act (20 U.S.C. 
     1601 et seq.) is amended--
       (1) in section 202(a)(3), by striking ``Vocational and 
     Applied Technology'' and inserting in lieu thereof ``Career 
     Preparation'';
       (2) in section 203 (b)(2), by striking clause (I) and 
     redesignating clauses (J) and (K) as clauses (I) and (J), 
     respectively;
       (3) in section 213--
       (A) in subsection (d)(6)(B), by striking ``Vocational and 
     Applied Technology'' and inserting in lieu thereof ``Career 
     Preparation''; and
       (B) in subsection (b)(4), by striking clause (I) and 
     redesignating clauses (J) and (K) as clauses (I) and (J), 
     respectively;
       (4) in section 403(a), by striking ``the individuals 
     assigned under section 111(b)(1) of the Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2321(b)(1)),'';
       (5) in section 404--
       (A) by inserting ``and'' after ``(29 U.S.C. 1733(b)),''; 
     and
       (B) by striking ``and the National Network for Curriculum 
     Coordination in Vocational Education under section 402(c) of 
     the Carl D. Perkins Vocational and Applied Technology 
     Education Act (20 U.S.C. 2402(c)),'';
       (6) in section 502(b)(6), by striking ``Vocational and 
     Applied Technology'' and inserting in lieu thereof ``Career 
     Preparation''; and
       (7) in section 505--
       (A) in subsection (a)(2)(B)(i), by striking ``section 
     102(a)(3) of the Carl D. Perkins Vocational and Applied 
     Technology Education Act (20 U.S.C. 2312(a)(3)'' and 
     inserting in lieu thereof ``section 112(c) of the Carl D. 
     Perkins Career Preparation Education Act''; and
       (B) in subsection (e), by striking ``section 201(b) of the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Act (20 U.S.C. 2312(a)(3)'' and inserting in lieu thereof 
     ``section 102 of the Carl D. Perkins Career Preparation 
     Education Act''.


    amendments to the elementary and secondary education act of 1965

       Sec. 305. The Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.) is amended--
       (1) in section 1114(b)(2)(C)(v), by striking ``Vocational 
     and Applied Technology'' and inserting in lieu thereof 
     ``Career Preparation'';
       (2) in section 9115(b)(5), by striking ``Vocational and 
     Applied Technology'' and inserting in lieu thereof ``Career 
     Preparation'';
       (3) by amending section 14302(a)(2)(C) to read as follows: 
     ``(C) services and activities under section 102 of the Carl 
     D. Perkins Career Preparation Education Act;'' and
       (4) in section 14307(a)(1), by striking ``Vocational and 
     Applied Technology'' and inserting in lieu thereof ``Career 
     Preparation''.


           amendments to the goals 2000: educate america act

       Sec. 306. The Goals 2000: Educate America Act (20 U.S.C. 
     5801 et seq.) is amended--
       (1) in section 306--
       (A) in subsection (c)(1)(A), by inserting before the 
     semicolon at the end thereof a comma and ``as in effect on 
     the day prior to the date of enactment of the Career 
     Preparation Education Reform Act of 1995, until not later 
     than July 1, 1998, and the performance goals and indicators 
     developed pursuant to section 108 of the Carl D. Perkins 
     Career Preparation Education Act thereafter''; 
     and [[Page S5440]] 
       (B) in subsection (1), by striking out ``Vocational and 
     Applied Technology'' and inserting in lieu thereof ``Career 
     Preparation''; and
       (2) in section 311(b)(6), by striking out ``Vocational and 
     Applied Technology'' and inserting in lieu thereof ``Career 
     Preparation''.
               OTHER TECHNICAL AND CONFORMING AMENDMENTS

       Sec. 307. (a) Higher Education Act of 1965.--The Higher 
     Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended--
       (1) by amending section 127(2) to read as follows:
       ``(2) have, as one of the partners participating in an 
     articulation agreement, an entity that uses funds under title 
     I of the Carl D. Perkins Career Preparation Education Act to 
     support tech-prep education services and activities;'';
       (2) in section 481(a)(3)(A), by striking ``section 
     521(4)(C) of the Carl D. Perkins Vocational and Applied 
     Technology Education Act'' and inserting in lieu thereof 
     ``section 305(3)(B) of the Carl D. Perkins Career Preparation 
     Education Act'';
       (3) in section 484(1)(l), by striking ``section 521(4)(C) 
     of the Carl D. Perkins Vocational and Applied Technology 
     Education Act'' and inserting in lieu thereof ``section 
     305(3)(B) of the Carl D. Perkins Career Preparation Education 
     Act''; and
       (4) in section 503(b)(2)(B)(vi), by striking ``in a Tech-
     Prep program under section 344 of the Carl D. Perkins 
     Vocational and Applied Technology Education Act'' and 
     inserting in lieu thereof ``in a tech-prep program supported 
     through services and activities under the Carl D. Perkins 
     Career Preparation Education Act''.
       (b) Individuals With Disabilities Education Act.--Section 
     626(g) of the individuals with Disabilities Education Act (20 
     U.S.C. 1400 et seq.) is amended by striking out ``Vocational 
     and Applied Technology'' and inserting in lieu thereof 
     ``Career Preparation''.
       (c) Rehabilitation Act of 1973.--Section 101(a)(11)(A) of 
     the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is 
     amended by striking out ``Vocational and Applied Technology 
     Education Act (20 U.S.C. 2301 et seq.)'' and inserting in 
     lieu thereof ``Career Preparation Education Act''.
       (d) Displaced Homemakers Self-Sufficiency Assistance Act.--
     Section 9(a)(2) of the Displaced Homemakers Self-Sufficiency 
     Assistance Act (29 U.S.C. 2301 et seq.) is amended by 
     inserting ``as in effect on the day prior to the date of 
     enactment of the Career Preparation Education Reform Act of 
     1995 or the State agency or agencies designated under section 
     106(a) of the Carl D. Perkins Career Preparation Education 
     Act,''.
       (e) Wagner-Peyser Act.--Section 7(c)(2)(A) of the Act of 
     June 6, 1933 (29 U.S.C. 49 et seq.) is amended by striking 
     out ``Vocational and Applied Technology'' and inserting in 
     lieu thereof ``Career Preparation''.
       (f) Equity in Educational Land-Grant Status Act of 1994.--
     Section 533(c)(4)(A) of the Equity in Education Land-Grant 
     Status Act of 1994 (7 U.S.C. 301 note; part C of title V of 
     the Improving America's Schools Act) is amended by inserting 
     after ``(20 U.S.C. 2397h(3))'' a comma and ``as in effect on 
     the day prior to the date of enactment of the Career 
     Preparation Education Reform Act of 1995,''.
       (g) Title 31, Chapter 67, of the United States Code.--
     Section 6703(a)(12) of title 31, United States Code (as added 
     by section 31001 of the Violent Crime Control and Law 
     Enforcement Act of 1994) is amended by striking out 
     ``Vocational and Applied Technology'' and inserting in lieu 
     thereof ``Career Preparation''.
       (h) Nontraditional Employment for Women Act.--Section 
     2(b)(3) of the Nontraditional Employment for Women Act (29 
     U.S.C. 1501 note) is amended by striking out ``Vocational and 
     Applied Technology'' and inserting in lieu thereof ``Career 
     Preparation''.
       (i) Training Technology Transfer Act of 1988.--Section 
     6107(6) of the Training Technology Transfer Act of 1988 (20 
     U.S.C. 5091 et seq.) is amended by inserting before the 
     semicolon at the end thereof a comma and ``as in effect on 
     the day prior to the date of enactment of the Career 
     Preparation Education Reform Act of 1995''.
       (j) General Redesignation.--Any other references to the 
     Carl D. Perkins Vocational and Applied Technology Educational 
     Act shall be deemed to refer to the Carl D. Perkins Career 
     Preparation Education Act.
                                 ______

      By Mrs. BOXER (for herself, Ms. Mikulski, Mrs. Murray, Mr. 
        Bradley, and Ms. Moseley-Braun):
  S. 697. A bill to amend the Public Health Service Act to provide for 
the training of health professions students with respect to the 
identification and referral of victims of domestic violence, and for 
other purposes; to the Committee on Labor and Human Resources.


         THE DOMESTIC VIOLENCE IDENTIFICATION AND REFERRAL ACT

 Mrs. BOXER. Mr. President, I introduce the Domestic Violence 
Identification and Referral Act with my colleagues Senator Mikulski, 
Senator Murray, Senator Moseley-Braun, and Senator Bradley. 
Representative Wyden and Representative Morella are introducing 
identical legislation in the House.
  Spouse abuse, child abuse, and elder abuse injures millions of 
Americans each year, and is growing at an alarming rate. An estimated 2 
to 4 million women are beaten by their spouses or former spouses each 
year. In 1992, 2.9 million children were reported abused or neglected, 
about triple the number reported in 1980. Studies also show that spouse 
abuse and child abuse often go hand-in-hand.
  Doctors, nurses, and other health care professionals are on the front 
lines of this abuse, but they cannot stop what they have not been 
trained to see or talk about. The Domestic Violence Identification and 
Referral Act addresses this need by encouraging medical schools to 
incorporate training on domestic violence into their curriculums.
  There is a need for this legislation. While many medical specialties, 
hospitals and other organizations have made education about domestic 
violence a priority, this instruction typically occurs on the job or as 
part of a continuing medical education program. A 1994 survey by the 
Association of American Medical Colleges [AAMC] found that 60 percent 
of medical school graduates rated the time devoted to instruction in 
domestic violence as inadequate.
  The bill I am introducing today would give preference in Federal 
funding to those medical and other health professional schools which 
provide significant training in domestic violence. It defines 
significant training to include identifying victims of domestic 
violence and maintaining complete medical records, providing medical 
advice regarding the dynamics and nature of domestic violence, and 
referring victims to appropriate public and nonprofit entities for 
assistance.
  The bill also defines domestic violence in the broadest terms, to 
include battering, child abuse, and elder abuse.
  I hope my colleagues agree that this legislation is a critical next 
step in the fight to bring the brutality of domestic violence out in 
the open. It mobilizes our Nation's health care providers to recognize 
and treat its victims--and will ultimately save lives by helping to 
break the cycle of violence.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
                                 S. 697

       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 ``Domestic Violence 
     Identification and Referral Act of 1995''.

     SEC. 2. ESTABLISHMENT, FOR CERTAIN HEALTH PROFESSIONS 
                   PROGRAMS, OF PROVISIONS REGARDING DOMESTIC 
                   VIOLENCE.

       (a) Title VII Programs; Preferences in Financial Awards.--
     Section 791 of the Public Health Service Act (42 U.S.C. 295j) 
     is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by adding at the end the following subsection:
       ``(c) Preferences Regarding Training in Identification and 
     Referral of Victims of Domestic Violence.--
       ``(1) In general.--In the case of a health professions 
     entity specified in paragraph (2), the Secretary shall, in 
     making awards of grants or contracts under this title, give 
     preference to any such entity (if otherwise a qualified 
     applicant for the award involved) that has in effect the 
     requirement that, as a condition of receiving a degree or 
     certificate (as applicable) from the entity, each student 
     have had significant training in carrying out the following 
     functions as a provider of health care:
       ``(A) Identifying victims of domestic violence, and 
     maintaining complete medical records that include 
     documentation of the examination, treatment given, and 
     referrals made, and recording the location and nature of the 
     victim's injuries.
       ``(B) Examining and treating such victims, within the scope 
     of the health professional's discipline, training, and 
     practice, including, at a minimum, providing medical advice 
     regarding the dynamics and nature of domestic violence.
       ``(C) Referring the victims to public and nonprofit private 
     entities that provide services for such victims.
       ``(2) Relevant health professions entities.--For purposes 
     of paragraph (1), a health professions entity specified in 
     this paragraph is any entity that is a school of medicine, a 
     school of osteopathic medicine, a graduate program in mental 
     health practice, a school of nursing (as defined in section 
     853), a program for the training of physician assistants, or 
     a program for the training of allied health 
     professionals. [[Page S5441]] 
       ``(3) Report to Congress.--Not later than 2 years after the 
     date of the enactment of the Domestic Violence Identification 
     and Referral Act of 1995, the Secretary shall submit to the 
     Committee on Commerce of the House of Representatives, and 
     the Committee on Labor and Human Resources of the Senate, a 
     report specifying--
       ``(A) the health professions entities that are receiving 
     preference under paragraph (1);
       ``(B) the number of hours of training required by the 
     entities for purposes of such paragraph;
       ``(C) the extent of clinical experience so required; and
       ``(D) the types of courses through which the training is 
     being provided.
       ``(4) Definitions.--For purposes of this subsection, the 
     term `domestic violence' includes behavior commonly referred 
     to as domestic violence, sexual assault, spousal abuse, woman 
     battering, partner abuse, child abuse, elder abuse, and 
     acquaintance rape.''.
       (b) Title VIII Programs; Preferences in Financial Awards.--
     Section 860 of the Public Health Service Act (42 U.S.C. 298b-
     7) is amended by adding at the end the following subsection:
       ``(f) Preferences Regarding Training in Identification and 
     Referral of Victims of Domestic Violence.--
       ``(1) In general.--In the case of a health professions 
     entity specified in paragraph (2), the Secretary shall, in 
     making awards of grants or contracts under this title, give 
     preference to any such entity (if otherwise a qualified 
     applicant for the award involved) that has in effect the 
     requirement that, as a condition of receiving a degree or 
     certificate (as applicable) from the entity, each student 
     have had significant training in carrying out the following 
     functions as a provider of health care:
       ``(A) Identifying victims of domestic violence, and 
     maintaining complete medical records that include 
     documentation of the examination, treatment given, and 
     referrals made, and recording the location and nature of the 
     victim's injuries.
       ``(B) Examining and treating such victims, within the scope 
     of the health professional's discipline, training, and 
     practice, including, at a minimum, providing medical advice 
     regarding the dynamics and nature of domestic violence.
       ``(C) Referring the victims to public and nonprofit private 
     entities that provide services for such victims.
       ``(2) Relevant health professions entities.--For purposes 
     of paragraph (1), a health professions entity specified in 
     this paragraph is any entity that is a school of nursing or 
     other public or nonprofit private entity that is eligible to 
     receive an award described in such paragraph.
       ``(3) Report to Congress.--Not later than 2 years after the 
     date of the enactment of the Domestic Violence Identification 
     and Referral Act of 1995, the Secretary shall submit to the 
     Committee on Commerce of the House of Representatives, and 
     the Committee on Labor and Human Resources of the Senate, a 
     report specifying--
       ``(A) the health professions entities that are receiving 
     preference under paragraph (1);
       ``(B) the number of hours of training required by the 
     entities for purposes of such paragraph;
       ``(C) the extent of clinical experience so required; and
       ``(D) the types of courses through which the training is 
     being provided.
       ``(4) Definitions.--For purposes of this subsection, the 
     term `domestic violence' includes behavior commonly referred 
     to as domestic violence, sexual assault, spousal abuse, woman 
     battering, partner abuse, child abuse, elder abuse, and 
     acquaintance rape.''.
                                 ______

      By Mr. COHEN (for himself and Ms. Snowe):
  S. 698. A bill to designate the Federal building at 33 College Avenue 
in Waterville, Maine as the ``George J. Mitchell Federal Building'', 
and for other purposes; to the Committee on Environment and Public 
Works.


          THE GEORGE J. MITCHELL FEDERAL BUILDING ACT OF 1995

 Mr. COHEN. Mr. President, at the request of the City of 
Waterville, Maine, I am introducing S. 698, legislation to name a 
federal building in Waterville the ``George J. Mitchell Federal 
Building.''
  As most of you know, George Mitchell and I shared more than the 
position of Senator from Maine. We both grew up in similar 
circumstances with very similar backgrounds. George Mitchell is half 
Irish and half Lebanese. I am half Irish and half Jewish. Both of us 
graduated from Bowdoin College and both became lawyers before entering 
public service. We worked together over the years on many issues of 
concern to Maine people and wrote a book together on the Iran-Contra 
Affair.
  From a quiet young lawyer in Waterville, Maine, came a great leader 
who has done his country and his State proud. George Mitchell was born 
in Waterville in 1933. Waterville is located 18 miles north of the 
State capitol on the west bank of the Kennebec River. It was settled in 
1764 and became Maine's 137th town in 1802. Waterville is home to Colby 
College, Hathaway Shirt Company, and the Redington Museum which 
exhibits a number of 18th and 19th century artifacts from the region 
including the revolver used by Lieutenant Charles Shorey, of 
Waterville, at the Battle of Gettysburg.
  George attended St. Joseph's grammar school and graduated from 
Waterville High School in 1950. He graduated from Bowdoin in 1954; 
served in the U.S. Army Counterintelligence Corps in Berlin, Germany, 
from 1954-56; and then went on to Georgetown University to get his law 
degree.
  George Mitchell's litany of accomplishments are many: lawyer, trial 
attorney in the Antitrust Division in the U.S. Department of Justice in 
Washington, D.C.; executive assistant to U.S. Senator Ed Muskie; U.S. 
Attorney for Maine; and U.S. District Judge for Maine.
  In 1980, he was appointed by Governor Brennan to fill the unexpired 
term of Senator Muskie who was appointed by President Carter to be 
Secretary of State. There is a Chinese proverb that says ``when 
drinking the water, it is important to remember those who dug the 
well.'' To really understand George's success, one need look no further 
than to the fact that Ed Muskie was his mentor. Ed, like George, began 
his political career in Waterville as a young lawyer and state 
legislator. Ed provided George with the basic principles of public 
service which have guided him over the years. It was no surprise that 
George Mitchell demonstrated many of the qualities which typify Senator 
Muskie and Maine: intelligence, integrity, and independence. Senator 
Mitchell was elected Senate Majority Leader in 1988 and served his 
colleagues and the institution with distinction.
  George Mitchell was a gifted public servant. His voice reminds us 
that public service is a noble calling. It was both a pleasure and an 
honor to have served with him. I hope my colleagues will work with me 
in passing this legislation as a means of paying tribute to the many 
years of outstanding service Senator Mitchell has given to the State of 
Maine and the country.
 Ms. SNOWE. Mr. President, it is my pleasure today to offer my 
strong support for legislation to honor our colleague and my 
predecessor, former Senate Majority Leader George J. Mitchell. This 
legislation, which I am proud to cosponsor with my colleague, the 
senior senator from Maine, would designate the Federal building at 33 
College Avenue in Waterville, Maine, as the ``George J. Mitchell 
Federal Building.''
  There is perhaps no more fitting tribute to George Mitchell than 
naming the federal building in his home town--Waterville, Maine--in his 
honor. George Mitchell is a man who dedicated himself to government. 
Following his graduation from Georgetown Law School in Washington, 
George Mitchell devoted himself to public service: at the U.S. Justice 
Department; as the leader of his party in the State of Maine; as one of 
Maine's gubernatorial candidates; as a federal, U.S. District judge; 
and, for the past fourteen years, as Maine's junior senator. George 
Mitchell devoted himself to government because he believed in 
government, and it is appropriate today that we name the seat of our 
federal government in his hometown in his honor.
  George Mitchell's story is well known in Waterville, Maine. His 
mother was a first-generation Lebanese immigrant; his father, an 
orphan, was a janitor at Colby College. They instilled strong values in 
their son. George Mitchell dedicated himself to learning, to knowledge 
and justice, and throughout his youth he surpassed the arbitrary 
ceilings our society so often builds. He graduated from Bowdoin 
College, served in the Army, and then went on to law school. He 
typified the Maine work ethic, and that ethic served him well as an 
attorney, a judge, and as a United States Senator.
  George Mitchell came to the U.S. Senate when another distinguished 
Mainer, Senator Edmund Muskie, resigned his seat to become Secretary of 
State. Immediately, Senator Mitchell put a lifetime of experience to 
work. He became one of the earliest advocates--and chief sponsors--of 
the landmark Clean Air legislation that passed a decade later, in 1990. 
He recognized the importance of standing up for [[Page S5442]] Maine--
and also made his mark on our nation's political system. Because of his 
dedication to his party's ideals, he was chosen as this body's Majority 
Leader in 1988, and served in that important and prestigious position 
until his retirement from the Senate.
  Always, during his tenure, George Mitchell remembered the people who 
sent him to Washington. As Maine's Second District Representative, I 
was honored to serve alongside George Mitchell throughout his tenure in 
the United States Senate. We worked together on a bipartisan basis to 
ensure that the men and women of Maine were treated fairly, and had 
opportunities extended to other Americans.
  With this legislation, we make an appropriate acknowledgement of 
George Mitchell's years of leadership in the public arena. This is but 
a small token of our appreciation: a fitting gesture which the City of 
Waterville has requested.
  So in closing, I urge all of my colleagues to join me in support of 
this legislation and to extend to George Mitchell the hometown honor he 
so deeply deserves.
                                 ______

      By Mr. COHEN (for himself and Mr. Levin):
  S. 699. A bill to amend the Ethics in Government Act of 1978, to 
extend the authorization of appropriations for the Office of Government 
Ethics for 7 years, and for other purposes; to the Committee on 
Governmental Affairs.


      the office of government ethics reauthorization act of 1995

 Mr. COHEN.
 Mr. President, today I am introducing S. 699, legislation on behalf of 
myself and Senator Levin to reauthorize the Office of Government Ethics 
(OGE).

  To quote American statesman John C. Calhoun: ``The very essence of a 
free government consists in considering offices as public trusts, 
bestowed for the good of the country, and not for the benefit of an 
individual or party.''
  This sums up the way we expect our government officials to conduct 
themselves. Government service is a privilege that carries with it 
tremendous responsibilities. Public servants in all three branches of 
government have an important obligation to the citizens who have put 
their faith and trust in them. Government officials should abide by a 
certain code of conduct and adhere to high ethical standards so that 
our citizens may have confidence in the integrity of their government.
  Unfortunately, however, many Americans are disenchanted with their 
public officials. As a result, the need for strict ethical standards, 
and vigilant oversight of compliance with our ethics laws, is as great 
as ever. Almost daily headlines purport allegations of ``unethical'' or 
``inappropriate'' conduct by government officials in one form or 
another. These stories only further erode the public's confidence in 
the integrity of their government officials which is already at one of 
the lowest points in our recent history.
  Senator Levin and I have long been proponents of strong ethics laws. 
We serve as the Chairman and the Ranking Minority Member on the 
Subcommittee on Oversight of Government Management which has 
jurisdiction over ethics matters within the Executive Branch. Senator 
Levin and I have made many changes to strengthen the ethics laws since 
the Ethics in Government Act of 1978, which created OGE, was passed. We 
authored the Independent Counsel provisions of the Ethics in Government 
Act which provides for the appointment of an independent counsel to 
investigate allegations of criminal wrongdoing by top level Executive 
Branch officials, and we worked together to strengthen the revolving 
door laws. Moreover, Senator Levin and I have consistently sought to 
aid OGE in its mission of providing overall direction to the Executive 
Branch in developing policies to prevent conflicts of interest and 
ensure ethical conduct by Executive Branch officers and employees.
  The reauthorization bill Senator Levin and I are introducing today is 
nearly identical to the legislation we introduced last Congress which 
was passed by the Senate in October. Unfortunately, however, no action 
was taken by the House of Representatives prior to Congress' 
adjournment.
  OGE's authorization expired on September 30 of last year. It is very 
important, therefore, that the Congress move as quickly as possible to 
reauthorize the agency. The bill will reauthorize OGE for seven years. 
This is a slightly longer reauthorization than we have sought in 
previous years. As in the past, we want to avoid the need to 
reauthorize OGE during the firs year of a Presidential term when a 
large portion of OGE's resources are devoted to the nominee clearance 
process.
  The bill would also, for the first time, grant OGE gift acceptance 
authority to address the problem that arises when federal government 
facilities are not adequate either in terms of size or equipment 
resources to accommodate OGE's ethics education and training programs 
which are held around the country. This authority is intended to enable 
OGE to accept the use of certain non-federal facilities, such as an 
auditorium that might be offered by a State or local government or a 
university, which may be better suited for OGE's needs.
  As I have often noted in the past, the Office of Government Ethics is 
a small office with large responsibilities. Over the years, we have 
imposed more responsibilities on OGE and we haven't always provided the 
necessary staff or resources to carry out those responsibilities. 
Specifically, I would note the additional functions OGE had to perform 
when it became an independent agency in 1989 and in complying with the 
Ethics Reform Act of 1989. Congress moved to make OGE a separate agency 
because it was believed that OGE was not independent enough. In 
addition, Congress wanted to enhance the agency's prestige and 
authority within the Executive Branch given its important and sensitive 
responsibilities.
  While OGE's budget has increased rather significantly since we last 
reauthorized the agency in 1988, OGE still has a lean budget with which 
to operate when you consider the critically important responsibilities 
of the agency. That said, in light of looming budget deficits, OGE, 
like all agencies will be called upon to meet its responsibilities in 
the most cost-effective manner possible. The bill also contains a 
number of technical changes to the ethics laws.
  OGE's mission is critically important in ensuring strict ethical 
standards in government. I hope my colleagues will move expeditiously 
to pass this legislation and reauthorize this important agency.
 Mr. LEVIN. Mr. President, today, Senator Cohen and I, in our 
capacities as the Chairman and the Ranking Minority Member of the 
Subcommittee on Oversight of Government Management, are introducing a 
bill to Reauthorize the Office of Government Ethics (OGE). 
Reauthorization of the OGE is essential so that the agency can continue 
to perform its mission to provide overall direction of executive branch 
policies related to preventing conflicts of interest on the part of 
officers and employees of any executive agency. The OGE's previous 
authorization expired on September 30, 1994.
  Senator Cohen and I first introduced this bill bank in August of 
1993. The Oversight Subcommittee held a hearing on the reauthorization 
in April of 1994, with the Director of the OGE, Stepehn Potts, as a 
witness. The reauthorization bill was reported out of the Oversight 
Subcommittee and the Governmental Affairs Committee with strong 
bipartisan support and was approved by the Senate. The bill 
subsequently died when the House of Representatives failed to act upon 
the reauthorization in the last Congress. Therefore, Senator Cohen and 
I seek to reauthorize the OGE, so that the agency can carry on its very 
important responsibilities.
  OGE was created in 1978 as part of the Office of Personnel 
Management. Over the years, Congress has given more authority and 
autonomy to the OGE, making it a separate agency as of October 1, 1989. 
This was an important step in recognizing the significance of OGE's 
role and its need for independence. In addition, through Executive 
Order, President Bush and President Clinton have given the OGE new 
responsibilities for guiding and implementing an effective ethics 
program throughout the Executive Branch. The responsibilities of the 
OGE range from teaching to enforcement; from issuing regulations to 
providing guidance and [[Page S5443]] interpretation; from reviewing 
financial disclosure forms to auditing agency ethics programs.
  In the process of developing this bill, the Oversight Subcommittee 
reviewed OGE's budget, its personnel, and its accomplishments. Based on 
that effort, I am satisfied that the OGE has improved in areas where 
weaknesses were identified in the past and that the agency is currently 
on track in performing its duties in an effective, professional matter.
  In addition to reauthorizing OGE, this bill would give OGE authority 
to accept donations or gifts that would facilitate the agency's work. A 
federal agency can't accept gifts unless it has specific statutory 
authority to do so. Many agencies have such authority but, up until 
now, the OGE has not been one of those agencies. The reason OGE seeks 
this authority is in connection with it's training mission. OGE 
conducts multiagency ethics training sessions around the country, and 
sometimes there is no nearby Federal facility that is appropriate in 
terms of size and services. This gift acceptance authority would allow 
the OGE to accept the use of non-Federal facilities--for example, an 
auditorium and related services such as might be offered by a State or 
local government or a university.
  I hope that the Senate will act quickly in reauthorizing this 
important agency.
                                 ______

      By Mr. MOYNIHAN (for himself, Mr. Bradley, Mr. Conrad, and Mr. 
        Graham):
  S. 700. A bill to amend the Internal Revenue Code of 1986 to revise 
the tax rules on expiration, to modify the basis rules for nonresident 
aliens becoming citizens or residents, and for other purposes; to the 
Committee on Finance.


                            Tax Legislation

  Mr. MOYNIHAN. Mr. President, I rise today to introduce legislation 
designed to address a problem that has come to light recently 
concerning the ability of U.S. citizens to avoid taxes by abandoning 
their citizenship. We should not countenance the evasion of taxes by 
those who renounce their citizenship. The Senate should act to address 
this problem expeditiously, and the bill that I introduce today will, I 
hope, represent significant progress towards that end. It is a revision 
of provision passed by the Senate Finance Committee recently, and 
responds to some of the criticisms that have been raised concerning the 
original proposal.
  A genuine abuse exists in this area. Although the current tax code 
contains provisions, dating back to 1966, designed to address tax-
motivated relinquishment of citizenship, these provisions have proven 
difficult to enforce and are easily evaded. One international tax 
expert described avoiding them as child's play. Individuals with 
substantial wealth can, by renouncing U.S. citizenship, avoid paying 
taxes on gains that accrued during the period that they acquired their 
wealth and were afforded the myriad advantages of U.S. citizenship. 
Moreover, even after renunciation, these individuals can maintain 
substantial connections with the United States, such as keeping a 
residence and residing in the United States for up to 120 days a year 
without incurring U.S. tax obligations. Indeed, reports indicate that 
certain wealthy individuals have renounced their U.S. citizenship and 
avoided their tax obligations while still maintaining their families 
and homes in the United States, being careful merely to avoid being 
present in this country for more than 120 days each year.
  Meanwhile, the rest of Americans who remain citizens pay taxes on 
their gains when assets are sold or when an estate tax becomes due at 
death.
  It was this Senator who made the first proposal in the Senate to deal 
with the expatriation tax abuse. On February 6, the President announced 
a proposal to address the problem in his fiscal year 1996 budget 
submission. Three weeks ago, on March 15, during Finance Committee 
consideration of the bill to restore the health insurance deduction for 
the self-employed, I offered a modified version of the administration's 
expatriation tax provisions as an amendment to the bill. My amendment 
would have substituted the expatriation proposal for the repeal of 
minority broadcast tax preferences as a funding source for the bill. 
The amendment failed when every Republican member of the Committee 
voted against it. Subsequently, Senator Bradley offered the 
expatriation provision as a free-standing amendment, with the
 $3.6 billion in revenue that it raised to be dedicated to deficit 
reduction. Senator Bradley's amendment passed by voice vote. That is 
how the expatriation tax provision was added to the bill that came 
before the Senate.

  After the Finance Committee reported the bill, but before full Senate 
action and conference with the House, the Finance Committee held a 
hearing to further review the issues raised by the expatiation 
provision. Tax legislation routinely gets polished in its technical 
aspects as it moves through floor action and conference. At the Finance 
hearing, we heard criticisms of some technical aspects in the operation 
of the provision, as well as testimony raising the issue of whether the 
provision comported with article 12 of the International Covenant on 
Civil and Political Rights, which the United States ratified in 1992. 
Section 2 of article 12 states: ``Everyone shall be free to leave any 
country, including his own.'' Robert F. Turner, a professor of 
international law at the U.S. Naval War College, argued that the 
expatriation provision was problematic under the Covenant. The State 
Department's legal experts disagreed, as did two other outside experts 
whose letters were before the Committee. I refer to Professor Paul B. 
Stephan III, a specialist in both international law and tax law at the 
University of Virginia School of Law; and Mr. Stephen E. Shay, who 
served as International Tax Counsel at Treasury under the Reagan 
administration.
  Mr. President, earlier in the day when I addressed this matter I 
asked that the materials to which I am presently referring be inserted 
in the record following my remarks. These materials, and others 
mentioned in this statement, can be found there.
  Although there was considerable support for the legality of the 
provision, I thought it best to proceed with caution in these 
circumstances. These are matters of human rights under international 
law, on which we have rightly lectured others, and involve out solemn 
obligations under treaties. I sought the views of other experts. 
Letters concluding that the expatriation provision did not raise any 
problems under international law were received from Prof. Detlev Vagts 
of Harvard Law School and Prof. Andreas F. Lowenfeld of New York 
University School of Law. The State Department issued a lengthier 
analysis upholding the legality of the provision, and the American Law 
Division of the Congressional Research Service reached a like 
conclusion. However, there were dissenting views, most notably Prof. 
Hurst Hannum of the Fletcher School of Law and Diplomacy at Tufts 
University, who first wrote to me on March 24.
  This is where things stood when the House-Senate conference met on 
March 28. The weight of authority appeared to be on the side of 
legality under international law, but there was some question, and the 
bill had to move at great speed. As my colleagues well know, the 
legislation restoring the self-employeds' health insurance deduction 
for calendar year 1994 needed to be passed and signed into law well in 
advance of this year's April 17 tax filing deadline, so that the self-
employed would have time to prepare and file their 1994 tax returns. 
The decision regarding the expatriation provision had to be made 
without further opportunity of deliberation. I opted not to risk making 
the wrong decision with respect to international law and human rights.
  The decision to drop the expatriation tax provision from the final 
conference version of the bill has been the subject of much debate over 
the last week. I certainly don't presume to speak for the other 
conferees. But for myself I repeat as I have said on two occasions on 
this floor over the past week: we should proceed with care when we are 
dealing with human rights issues, particularly when the group involved 
is a despised group--that is, millionaires who renounce their 
citizenship for money.
  As the Senator who first proposed the expatriation tax provision, I 
will see this matter through to a conclusion. We are getting more 
clarity on the human rights issue, and it appears that a consensus is 
developing to the [[Page S5444]] effect that the provision does not 
conflict with our obligations under international law. In particular. 
it is worth noting that Professor Hannum, who first wrote me on March 
24 expressing his concern that that expatriation provision was a 
problem under international law, has, after receiving additional and 
more
 specific information about the expatriation tax, now written a second 
letter of March 31 stating that he is convinced that neither its 
intention nor its effect would violate present U.S. obligations under 
international law. This is the growing consensus, although it is not 
unanimous.

  As for criticisms of the technical difficulties of the original 
proposal, I believe they can be satisfied. Indeed, I would venture that 
if some of those criticizing the provision's technical aspects had put 
even half as much effort into devising solutions as in highlighting 
shortcomings, we would already be much further along toward a 
satisfactory statute.
  One final point of utmost importance. As we take the time to write 
this law carefully, billionaires are not slipping through some loophole 
and escaping tax by renouncing their citizenship. The President 
announced the original proposal on February 6, and made it effective 
for taxpayers who initiate a renunciation of citizenship on or after 
that date. This was an entirely appropriate way to put an end to an 
abusive practice under current law. Both the proposal that I initiated, 
and the one that was ultimately adopted by the Finance Committee, also 
used February 6, 1995, as the effective date of the new provision 
preventing tax evasion through expatriation. The House conferees had 
proposed slipping the effective date to March 15, 1995--the date of 
Senate Finance Committee action on the provision. The two chairmen of 
the tax-writing committees ultimately--and wisely--resisted that 
overture, and have issued a joint statement giving notice that February 
6 may be the effective date of any legislation affecting the tax 
treatment of those who relinquish citizenship. Given the potential for 
abuse under current law, I believe that February 6 must be the 
effective date for a new rule. In any event, given the President's 
announcement in the budget, the Finance Committee action, and the joint 
statement of the two chairmen of the tax-writing committees, 
individuals who are contemplating renunciation of their U.S. 
citizenship are on fair notice of the February 6, 1995, effective date.
  To repeat, as the Senator who first offered the proposal to end the 
expatriation tax abuse, I will do everything I can to see that this 
matter gets resolved. We will do it this session. Fundamental justice 
to all taxpaying Americans requires no less.
  In an effort to advance that goal, I am today introducing legislation 
embodying a revised expatriation tax proposal. I do so in the interest 
of ensuring that the issues that have been raised are addressed 
satisfactorily, and in a timely manner. This bill represents a serious 
effort to address the criticisms that have been raised, and I believe 
it represents a major step forward. It will provide an opportunity for 
comment and further review. In addition, I anticipate that the Joint 
Committee on Taxation will include an analysis of this bill in its 
comprehensive study of the subject of expatriation that the Committee 
staff has been directed to present to the chairmen of the tax-writing 
committees.
  Mr. President, we will end this abuse, and promptly, but in a careful 
and orderly way, as we should do in matters of this importance.
  Mr. President, I ask unanimous consent that the text of the bill and 
additional material be printed in the Record.
  There being no objection, the material was order to be printed in the 
Record, as follows:
                                 S. 700

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

     SECTION 1. REVISION OF TAX RULES ON EXPATRIATION.

       (a) In General.--Subpart A of part II of subchapter N of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 877 the following new section:

     ``SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIATION.

       ``(a) General Rules.--For purposes of this subtitle--
       ``(1) Mark to market.--Except as provided in subsection 
     (f)(2), all property held by an expatriate immediately before 
     the expatriation date shall be treated as sold at such time 
     for its fair market value.
       ``(2) Recognition of gain or loss.--In the case of any sale 
     under paragraph (1)--
       ``(A) notwithstanding any other provision of this title, 
     any gain arising from such sale shall be taken into account 
     for the taxable year of the sale unless such gain is excluded 
     from gross income under part III of subchapter B, and
       ``(B) any loss arising from such sale shall be taken into 
     account for the taxable year of the sale to the extent 
     otherwise provided by this title, except that section 1091 
     shall not apply (and section 1092 shall apply) to any such 
     loss.
       ``(3) Election to continue to be taxed as united states 
     citizen.--
       ``(A) In general.--If an expatriate elects the application 
     of this paragraph with respect to any property--
       ``(i) this section (other than this paragraph) shall not 
     apply to such property, but
       ``(ii) such property shall be subject to tax under this 
     title in the same manner as if the individual were a United 
     States citizen.
       ``(B) Limitation on amount of estate, gift, and generation-
     skipping transfer taxes.--The aggregate amount of taxes 
     imposed under subtitle B with respect to any transfer of 
     property by reason of an election under subparagraph (A) 
     shall not exceed the amount of income tax which would be due 
     if the property were sold for its fair market value 
     immediately before the time of the transfer or death (taking 
     into account the rules of subsection (a)(2)).
       ``(C) Requirements.--Subparagraph (A) shall not apply to an 
     individual unless the individual--
       ``(i) provides security for payment of tax in such form and 
     manner, and in such amount, as the Secretary may require,
       ``(ii) consents to the waiver of any right of the 
     individual under any treaty of the United States which would 
     preclude assessment or collection of any tax which may be 
     imposed by reason of this paragraph, and
       ``(iii) complies with such other requirements as the 
     Secretary may prescribe.
       ``(D) Election.--An election under subparagraph (A) shall 
     apply only to the property described in the election and, 
     once made, shall be irrevocable.
       ``(b) Exclusion for Certain Gain.--The amount which would 
     (but for this subsection) be includible in the gross income 
     of any individual by reason of subsection (a) shall be 
     reduced (but not below zero) by $600,000.
       ``(c) Property Treated as Held.--For purposes of this 
     section, except as otherwise provided by the Secretary, an 
     individual shall be treated as holding--
       ``(1) all property which would be includible in his gross 
     estate under chapter 11 if such individual were a citizen or 
     resident of the United States (within the meaning of chapter 
     11) who died at the time the property is treated as sold,
       ``(2) any other interest in a trust which the individual is 
     treated as holding under the rules of subsection (f)(1), and
       ``(3) any other interest in property specified by the 
     Secretary as necessary or appropriate to carry out the 
     purposes of this section.
       ``(d) Exceptions.--The following property shall not be 
     treated as sold for purposes of this section:
       ``(1) United states real property interests.--Any United 
     States real property interest (as defined in section 
     897(c)(1)), other than stock of a United States real property 
     holding corporation which does not, on the expatriation date, 
     meet the requirements of section 897(c)(2).
       ``(2) Interest in certain retirement plans.--
       ``(A) In general.--Any interest in a qualified retirement 
     plan (as defined in section 4974(c)), other than any interest 
     attributable to contributions which are in excess of any 
     limitation or which violate any condition for tax-favored 
     treatment.
       ``(B) Foreign pension plans.--
       ``(i) In general.--Under regulations prescribed by the 
     Secretary, interests in foreign pension plans or similar 
     retirement arrangements or programs.
       ``(ii) Limitation.--The value of property which is treated 
     as not sold by reason of this subparagraph shall not exceed 
     $500,000.
       ``(e) Definitions.--For purposes of this section--
       ``(1) Expatriate.--The term `expatriate' means--
       ``(A) any United States citizen who relinquishes his 
     citizenship, or
       ``(B) any long-term resident of the United States who--
       ``(i) ceases to be a lawful permanent resident of the 
     United States (within the meaning of section 7701(b)(6)), or
       ``(ii) commences to be treated as a resident of a foreign 
     country under the provisions of a tax treaty between the 
     United States and the foreign country and who does not waive 
     the benefits of such treaty applicable to residents of the 
     foreign country.
     An individual shall not be treated as an expatriate for 
     purposes of this section by reason of the individual 
     relinquishing United States citizenship before attaining the 
     age of 18\1/2\ if the individual has been a resident of the 
     United States (as defined in section 7701(b)(1)(A)(ii)) for 
     less than 5 taxable years before the date of 
     relinquishment. [[Page S5445]] 
       ``(2) Expatriation date.--The term `expatriation date' 
     means--
       ``(A) the date an individual relinquishes United States 
     citizenship, or
       ``(B) in the case of a long-term resident of the United 
     States, the date of the event described in clause (i) or (ii) 
     of paragraph (1)(B).
       ``(3) Relinquishment of citizenship.--A citizen shall be 
     treated as relinquishing his United States citizenship on the 
     earliest of--
       ``(A) the date the individual renounces his United States 
     nationality before a diplomatic or consular officer of the 
     United States pursuant to paragraph (5) of section 349(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1481(a)(5)),
       ``(B) the date the individual furnishes to the United 
     States Department of State a signed statement of voluntary 
     relinquishment of United States nationality confirming the 
     performance of an act of expatriation specified in paragraph 
     (1), (2), (3), or (4) of section 349(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1481(a)(1)-(4)),
       ``(C) the date the United States Department of State issues 
     to the individual a certificate of loss of nationality, or
       ``(D) the date a court of the United States cancels a 
     naturalized citizen's certificate of naturalization.
     Subparagraph (A) or (B) shall not apply to any individual 
     unless the renunciation or voluntary relinquishment is 
     subsequently approved by the issuance to the individual of a 
     certificate of loss of nationality by the United States 
     Department of State.
       ``(4) Long-term resident.--
       ``(A) In general.--The term `long-term resident' means any 
     individual (other than a citizen of the United States) who is 
     a lawful permanent resident of the United States in at least 
     8 taxable years during the period of 15 taxable years ending 
     with the taxable year during which the sale under subsection 
     (a)(1) is treated as occurring. For purposes of the preceding 
     sentence, an individual shall not be treated as a lawful 
     permanent resident for any taxable year if such individual is 
     treated as a resident of a foreign country for the taxable 
     year under the provisions of a tax treaty between the United 
     States and the foreign country and does not waive the 
     benefits of such treaty applicable to residents of the 
     foreign country.
       ``(B) Special rule.--For purposes of subparagraph (A), 
     there shall not be taken into account--
       ``(i) any taxable year during which any prior sale is 
     treated under subsection (a)(1) as occurring, or
       ``(ii) any taxable year prior to the taxable year referred 
     to in clause (i).
       ``(f) Special Rules Applicable to Beneficiaries' Interests 
     in Trust.--
       ``(1) Determination of beneficiaries' interest in trust.--
     For purposes of this section--
       ``(A) General rule.--A beneficiary's interest in a trust 
     shall be based upon all relevant facts and circumstances, 
     including the terms of the trust instrument and any letter of 
     wishes or similar document, historical patterns of trust 
     distributions, and the existence of and functions performed 
     by a trust protector or any similar advisor.
       ``(B) Special rule.--The remaining interests in the trust 
     not determined under subparagraph (A) to be held by any 
     beneficiary shall be allocated first to the grantor, if a 
     beneficiary, and then to other beneficiaries under rules 
     prescribed by the Secretary similar to the rules of intestate 
     succession.
       ``(C) Constructive ownership.--If a beneficiary of a trust 
     is a corporation, partnership, trust, or estate, the 
     shareholders, partners, or beneficiaries shall be deemed to 
     be the trust beneficiaries for purposes of this section.
       ``(D) Taxpayer return position.--A taxpayer shall clearly 
     indicate on its income tax return--
       ``(i) the methodology used to determine that taxpayer's 
     trust interest under this section, and
       ``(ii) if the taxpayer knows (or has reason to know) that 
     any other beneficiary of such trust is using a different 
     methodology to determine such beneficiary's trust interest 
     under this section.
       ``(2) Deemed sale in case of trust interest.--If an 
     individual who is an expatriate is treated under paragraph 
     (1) as holding an interest in a trust for purposes of this 
     section--
       ``(A) the individual shall not be treated as having sold 
     such interest,
       ``(B) such interest shall be treated as a separate share in 
     the trust, and
       ``(C)(i) such separate share shall be treated as a separate 
     trust consisting of the assets allocable to such share,
       ``(ii) the separate trust shall be treated as having sold 
     its assets immediately before the expatriation date for their 
     fair market value and as having distributed all of its assets 
     to the individual as of such time, and
       ``(iii) the individual shall be treated as having 
     recontributed the assets to the separate trust.
     Subsection (a)(2) shall apply to any income, gain, or loss of 
     the individual arising from a distribution described in 
     subparagraph (C)(ii).
       ``(g) Termination of Deferrals, Etc.--On the date any 
     property held by an individual is treated as sold under 
     subsection (a), notwithstanding any other provision of this 
     title--
       ``(1) any period during which recognition of income or gain 
     is deferred shall terminate, and
       ``(2) any extension of time for payment of tax shall cease 
     to apply and the unpaid portion of such tax shall be due and 
     payable at the time and in the manner prescribed by the 
     Secretary.
       ``(h) Rules Relating To Payment of Tax.--
       ``(1) Imposition of tentative tax.--
       ``(A) In general.--If an individual is required to include 
     any amount in gross income under subsection (a) for any 
     taxable year, there is hereby imposed, immediately before the 
     expatriation date, a tax in an amount equal to the amount of 
     tax which would be imposed if the taxable year were a short 
     taxable year ending on the expatriation date.
       ``(B) Due date.--The due date for any tax imposed by 
     subparagraph (A) shall be the 90th day after the expatriation 
     date.
       ``(C) Treatment of tax.--Any tax paid under subparagraph 
     (A) shall be treated as a payment of the tax imposed by this 
     chapter for the taxable year to which subsection (a) applies.
       ``(2) Deferral of tax.--The payment of any tax attributable 
     to amounts included in gross income under subsection (a) may 
     be deferred to the same extent, and in the same manner, as 
     any tax imposed by chapter 11, except that the Secretary may 
     extend the period for extension of time for paying tax under 
     section 6161 to such number of years as the Secretary 
     determines appropriate.
       ``(3) Rules relating to security interests.--
       ``(A) Adequacy of security interests.--In determining the 
     adequacy of any security to be provided under this section, 
     the Secretary may take into account the principles of section 
     2056A.
       ``(B) Special rule for trust.--If a taxpayer is required by 
     this section to provide security in connection with any tax 
     imposed by reason of this section with respect to the holding 
     of an interest in a trust and any trustee of such trust is an 
     individual citizen of the United States or a domestic 
     corporation, such trustee shall be required to provide such 
     security upon notification by the taxpayer of such 
     requirement.
       ``(i) Coordination with Estate and Gift Taxes.--If 
     subsection (a) applies to property held by an individual for 
     any taxable year and--
       ``(1) such property is includible in the gross estate of 
     such individual solely by reason of section 2107, or
       ``(2) section 2501 applies to a transfer of such property 
     by such individual solely by reason of section 2501(a)(3),
     then there shall be allowed as a credit against the 
     additional tax imposed by section 2101 or 2501, whichever is 
     applicable, solely by reason of section 2107 or 2501(a)(3) an 
     amount equal to the increase in the tax imposed by this 
     chapter for such taxable year by reason of this section.
       ``(j) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section, including regulations to 
     prevent double taxation by ensuring that--
       ``(1) appropriate adjustments are made to basis to reflect 
     gain recognized by reason of subsection (a) and the exclusion 
     provided by subsection (b),
       ``(2) no interest in property is treated as held for 
     purposes of this section by more than one taxpayer, and
       ``(3) any gain by reason of a deemed sale under subsection 
     (a) of an interest in a corporation, partnership, trust, or 
     estate is reduced to reflect that portion of such gain which 
     is attributable to an interest in a trust which a 
     shareholder, partner, or beneficiary is treated as holding 
     directly under subsection (f)(1)(C).
       ``(k) Cross Reference.--

  ``For income tax treatment of individuals who terminate United States 
citizenship, see section 7701(a)(47).''
       (b) Definition of Termination of United States 
     Citizenship.--Section 7701(a) of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     paragraph:
       ``(47) Termination of united states citizenship.--An 
     individual shall not cease to be treated as a United States 
     citizen before the date on which the individual's citizenship 
     is treated as relinquished under section 877A(e)(3).''
       (c) Conforming Amendments.--
       (1) Section 877 of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new subsection:
       ``(f) Application.--This section shall not apply to any 
     individual who relinquishes (within the meaning of section 
     877A(e)(3)) United States citizenship on or after February 6, 
     1995.''
       (2) Section 2107(c) of such Code is amended by adding at 
     the end the following new paragraph:
       ``(3) Cross reference.--For credit against the tax imposed 
     by subsection (a) for expatriation tax, see section 
     877A(i).''
       (3) Section 2501(a)(3) of such Code is amended by adding at 
     the end the following new flush sentence:
     ``For credit against the tax imposed under this section by 
     reason of this paragraph, see section 877A(i).''
       (4) Section 6851 of such Code is amended by striking 
     subsection (d) and by redesignating subsection (e) as 
     subsection (d).
       (5) Paragraph (10) of section 7701(b) of such Code is 
     amended by adding at the end the [[Page S5446]] following new 
     sentence: ``This paragraph shall not apply to any long-term 
     resident of the United States who is an expatriate (as 
     defined in section 877A(e)(1)).''
       (d) Clerical Amendment.--The table of sections for subpart 
     A of part II of subchapter N of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by inserting after the item 
     relating to section 877 the following new item:

``Sec. 877A. Tax responsibilities of expatriation.''
       (e) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to expatriates (within the meaning of section 877A(e) 
     of the Internal Revenue Code of 1986, as added by this 
     section) whose expatriation date (as so defined) occurs on or 
     after February 6, 1995.
       (2) Due date for tentative tax.--The due date under section 
     877A(h)(1)(B) of such Code shall in no event occur before the 
     90th day after the date of the enactment of this Act.

     SEC. 2. BASIS OF ASSETS OF NONRESIDENT ALIEN INDIVIDUALS 
                   BECOMING CITIZENS OR RESIDENTS.

       (a) In General.--Part IV of subchapter O of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to special rules 
     for gain or loss on disposition of property) is amended by 
     redesignating section 1061 as section 1062 and by inserting 
     after section 1060 the following new section:

     ``SEC. 1061. BASIS OF ASSETS OF NONRESIDENT ALIEN INDIVIDUALS 
                   BECOMING CITIZENS OR RESIDENTS.

       ``(a) General Rule.--If a nonresident alien individual 
     becomes a citizen or resident of the United States, gain or 
     loss on the disposition of any property held on the date the 
     individual becomes such a citizen or resident shall be 
     determined by substituting, as of the applicable date, the 
     fair market value of such property (on the applicable date) 
     for its cost basis.
       ``(b) Exception for Depreciation.--Any deduction under this 
     chapter for depreciation, depletion, or amortization shall be 
     determined without regard to the application of this section.
       ``(c) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Applicable date.--The term `applicable date' means, 
     with respect to any property to which subsection (a) applies, 
     the earlier of--
       ``(A) the date the individual becomes a citizen or resident 
     of the United States, or
       ``(B) the date the property first becomes subject to tax 
     under this subtitle by reason of being used in a United 
     States trade or business or by reason of becoming a United 
     States real property interest (within the meaning of section 
     897(c)(1)).
       ``(2) Resident.--The term `resident' does not include an 
     individual who is treated as a resident of a foreign country 
     under the provisions of a tax treaty between the United 
     States and a foreign country and who does not waive the 
     benefits of such treaty applicable to residents of the 
     foreign country.
       ``(3) Trusts.--A trust shall not be treated as an 
     individual.
       ``(4) Election not to have section apply.--An individual 
     may elect not to have this section apply solely for purposes 
     of determining gain with respect to any property. Such 
     election shall apply only to property specified in the 
     election and, once made, shall be irrevocable.
       ``(5) Section only to apply once.--This section shall apply 
     only with respect to the first time the individual becomes 
     either a citizen or resident of the United States.
       ``(d) Regulations.--The Secretary shall prescribe 
     regulations for purposes of this section, including 
     regulations--
       ``(1) for application of this section in the case of 
     property which consists of a direct or indirect interest in a 
     trust, and
       ``(2) providing look-thru rules in the case of any indirect 
     interest in any United States real property interest (within 
     the meaning of section 897(c)(1)) or property used in a 
     United States trade or business.''
       (b) Conforming Amendment.--The table of sections for part 
     IV of subchapter O of chapter 1 of the Internal Revenue Code 
     of 1986 is amended by striking the item relating to section 
     1061 and inserting the following new items:

``Sec. 1061. Basis of assets of nonresident alien individuals becoming 
              citizens or residents.
``Sec. 1062. Cross references.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to dispositions after the date of the enactment 
     of this Act, and to any disposition occurring on or before 
     such date to which section 877A of the Internal Revenue Code 
     of 1986 (as added by section 1) applies.
                                                                    ____

      Explanation of Revisions to H.R. 831 As Passed by the Senate


                 1. application to long-term residents.

       The tax on expatriation would apply to ``long-term 
     residents.'' A long-term resident would be an individual who 
     has been a lawful permanent resident of the United States 
     (i.e., a green card holder) in at least 8 of the prior 15 
     taxable years. For purposes of satisfying the 8-year 
     threshold, taxable years for which such individual was a 
     resident of another country under a treaty tie-breaker rule 
     would be disregarded. The tax on expatriation would apply to 
     a long-term resident when (a) the individual is no longer 
     treated as a lawful permanent resident of the United States 
     as that term is defined in section 7701(b)(6), or (b) the 
     individual is treated as a resident of another country under 
     the tie-breaking provisions of a U.S. income tax treaty (and 
     the individual does not elect to waive treaty benefits). 
     Long-term residents would be considered domiciled in the 
     United States for purposes of calculating the tax on 
     expatriation.


                 2. fair market value basis adjustment.

       An individual who has been a nonresident alien would be 
     considered to have a fair market value basis in property 
     owned by the individual as of the earlier of: (1) the date 
     the individual first became a U.S. citizen or resident, or 
     (2) the date the property first became subject to U.S. tax 
     because it was used in a U.S. trade or business or it was a 
     U.S. real property interest. The fair market value basis 
     would apply for all purposes of computing gain or loss on 
     actual or deemed dispositions (not just the tax on 
     expatriation), but would not apply for purposes of computing 
     depreciation.
       Under this provision, the taxpayer would have the burden of 
     proving fair market value. However, in determining whether 
     the individual has satisfied his burden of proof, the 
     Secretary will take into account the difficulty of 
     establishing fair market value (especially for years prior to 
     the enactment of this rule). If adequate evidence regarding 
     the fair market value of a piece of property is not 
     available, a taxpayer may elect to use historical cost to 
     determine any gain on the disposition of the property; the 
     historical cost election would not be available to claim a 
     loss on the disposition of the property. No fair market value 
     basis would be given to the assets of a foreign trust that 
     becomes a domestic trust. This provision would be effective 
     to calculate the tax under section 877A for expatriations 
     occurring on or after February 6, 1995, or for any other 
     dispositions after the enactment date.


              3. election to be treated as a u.s. citizen

       Each taxpayer would be allowed to irrevocably elect, on an 
     asset-by-asset basis, to continue to be taxed as a U.S. 
     citizen with respect to assets designated by the taxpayer. 
     The taxpayer would therefore continue to pay U.S. income 
     taxes following expatriation on any income generated by a 
     designated asset and on any gain from the disposition of the 
     asset, as well as any excise tax imposed with respect to the 
     asset (see e.g., section 1491). In addition, the asset would 
     continue to be subject to gift, estate, and generation-
     skipping transfer taxes.
       However, the amount of any transfer tax so imposed would be 
     limited to the amount of income tax that would be due if the 
     property were sold for its fair market value immediately 
     before the transfer or death, taking into account any 
     remaining portion of the expatriate's $600,000 exclusion. To 
     make this election, the taxpayer would be required to waive 
     treaty benefits with respect to designated assets. An 
     expatriating individual would be required to provide security 
     to ensure payment of the tax under this election in such 
     form, manner, and amount as the Secretary may require.


                4. Administration of Tax on Expatriation

       The current ``sailing permit'' requirement of section 
     6851(d) would be replaced with a new requirement to file a 
     tax return and pay a tentative tax for the portion of the tax 
     year through the date of expatriation. Section 6851(d) and 
     the regulations thereunder currently require any alien who 
     physically leaves the country--regardless of the duration of 
     the trip--to obtain a certificate from the IRS District 
     Director that he has complied with all U.S. income tax 
     obligations. This provision would be modified to require any 
     citizen or resident alien of the United States who becomes a 
     nonresident to file a tax return within 90 days of the date 
     that he ceases to be a U.S. citizen or resident, and pay the 
     relevant tentative tax. No tax return would be required of a 
     departing alien who intends to maintain U.S. residence.


                        5. Technical Corrections

     A. Allow deferral of tax on expatriation where estate taxes 
         would be deferred
       Payment of the tax on expatriation should be extended in 
     circumstances that are similar to situations in which payment 
     of estate taxes may be extended under current law. Therefore, 
     the time for the payment of the tax on expatriation could be 
     extended for any period at the request of the taxpayer, as 
     provided by section 6161 (without regard to the ten-year 
     limitation of that section). In addition, the tax on 
     expatriation could be deferred on interests in closely-held 
     businesses as provided in section 6166. The tax on 
     expatriation could also be extended for reversionary or 
     remainder interests in property as provided in section 6163. 
     Payment of tax liabilities could also be extended under 
     section 6159 to facilitate the collection of tax liabilities.
     B. Method of providing security
       If a taxpayer is required to provide security under this 
     section, it is anticipated that in many cases adequate 
     security could be provided by contributing assets to a trust 
     with a responsible U.S. trustee (see section 2056A). Other 
     mechanisms determined to be effective by the Secretary could 
     be used, such as providing a bond or letter of credit. If an 
     expatriating individual is a beneficiary of a trust, and the 
     beneficiary elects to defer payment of the tax on 
     expatriation with respect to the trust interest, a U.S. 
     trustee of that trust will be required to provide security if 
     the beneficiary provides actual notice of such requirement to 
     the domestic trustee.
     [[Page S5447]]
     
     C. Exceptions for relinquishment of citizenship by certain 
         minors
       The tax on expatriation would not apply to an individual 
     who resided in the United States under the substantial 
     presence test of section 7701(b)(1)(A)(ii) for less than five 
     years and relinquishes U.S. citizenship by the age of 18 
     years and 6 months.
     D. Ownership of interests in trusts
       The ownership of any interest in a trust which is not 
     determined under the general facts and circumstances rule of 
     section 877A(f)(1)(A) will be allocated to the grantor if the 
     grantor is a beneficiary of the trust. Otherwise, the 
     ownership of the trust interest will be based on the rules of 
     intestate succession. Unless otherwise prescribed by the 
     Secretary, the applicable rules of intestate succession will 
     be the rules under the Uniform Probate Code as promulgated by 
     the American College of Trust and Estate Counsel.
     E. Coordination with estate and gift tax rules
       The tax on expatriation would be allowed as a credit 
     against U.S. estate or gift taxes to the extent that the 
     property subject to the tax on expatriation is subsequently 
     subject to additional U.S. estate or gift taxes solely by 
     reason of the estate or gift tax expatriation rules (sections 
     2107 and 2501(a)(3)).

  Mr. BRADLEY. Mr. President, I rise this afternoon to introduce, along 
with Senator Moynihan, a bill that a would close a tax loophole that 
allows wealthy citizens who renounce their American citizenships to 
avoid paying their fair share of U.S. taxes. As a member of the Finance 
Committee, I offered a similar amendment to H.R. 831 that would have 
closed this loophole. My amendment would have dedicated all of the 
savings from closing this loophole to deficit reduction. According to 
estimates of the Joint Committee on Taxation, my amendment would have 
reduced the deficit by approximately $3.6 billion over the next 10 
years.
  Unfortunately, although the Finance Committee adopted this amendment 
on an undivided voice vote and the Senate approved it as part of H.R. 
831, the joint House-Senate conference committee re-opened this 
loophole. The bill that we are introducing today would close this 
loophole once and for all.
  Mr. President, this bill is fundamentally about fairness. Not only is 
it fair to those who enjoyed the benefits of U.S. citizenship to make 
billions and are now attempting to avoid paying tax on such gain, it is 
also fair to those Americans who stay behind to shoulder the burdens of 
citizenship. All this bill would do is treat those who renounce their 
citizenship on par with Americans who stay and pay their share of the 
tax burden.
  While U.S. citizenship confers tremendous benefit, it also requires 
responsibility. Although we may not always be happy about the amount, 
most of us willingly pay our fair share of the tax burden. However, for 
many Americans it becomes just too much when they have to pay not only 
their share of taxes, but also an additional share for those few, 
wealthy individuals who made their money in this country, but are now 
trying to skip town without paying their portion of the tab.
  Significantly, this bill would exclude pension income, real estate 
assets, and the first $600,000 in gain. As a result, of the roughly 850 
U.S. citizens who renounced their citizenships in 1994, only a handful 
would be effected by the elimination of this loophole. In fact, 
representatives from the Treasury Department testified that provisions 
similar to those contained in this bill would affect only 24 Americans 
each year.
  Mr. President, significant deficit reduction will be necessary to put 
our country back on the right track. However, until we close these 
special-interest tax loopholes for the few, we cannot ask for the 
shared sacrifice from the many that will be necessary to reduce the 
deficit.
                                 ______

      By Mr. SIMON:
  S. 701. A bill to amend the Internal Revenue Code of 1986 to limit 
the interest deduction allowed corporations and to allow a deduction 
for dividends paid by corporations; to the Committee on Finance.


                    the equity incentive act of 1995

 Mr. SIMON. Mr. President, today I am introducing a bill to 
amend the Internal Revenue Code to limit the interest deduction allowed 
corporations and to allow a deduction for dividends paid by 
corporations.
  Our current system of taxation encourages American businesses to use 
debt, rather than equity, to provide needed financing. My bill would 
encourage firms to shift from greater debt financing to more equity 
financing by limiting the interest deduction allowed corporations and 
allowing a deduction for dividends paid by corporations.
  My proposal would be revenue neutral, although in the long run it 
should add to revenue because it would help the economy.
  I propose that, while 80 percent of interest payments remain 
deductible, 20 percent of the interest payments of all but the smallest 
corporations (including farm corporations) should be disallowed. And 50 
percent of dividends should be deductible.
  If a corporation borrows money to acquire another company or to buy 
equipment or for any other purpose, the interest on that debt is 
deductible, even though the debt can--and often does--put the 
corporation in a precarious position. But if the same corporation 
issues stock, and then pays dividends, there is no deduction. The tax 
laws favor debt.
  That same corporation, if it cannot meet the payments of principal 
and interest, will have to sell itself or go bankrupt, neither of which 
are desirable goals. But if that corporation issues stock, and there is 
a downsizing in the economy, the only penalty the corporation must pay 
is that it cannot issue dividends. It can continue to thrive, employ 
people, and be a productive part of our society.
  Our tax laws have encouraged corporations and banks and law firms to 
make ``the fast buck'', rather than take the slow, constructive steps 
that are necessary to build their businesses and the economy of this 
Nation. I favor tax laws that give corporations deductions for 
research, for creating jobs, for adding to the productivity of the 
Nation.
  My proposal would provide the incentive corporations need. It would 
encourage investment and help the growth of productivity. It would also 
help eliminate the excessive debt our country has accumulated, and it 
would go a long way toward strengthening the economy.
  I urge my colleagues to support this legislation, Mr. President. It 
may need to be refined, but the idea is sound. I hope we can make it a 
part of the Tax Code.
                                 ______

      By Mr. SIMON:
  S. 704. A bill to establish the Gambling Impact Study Commission; to 
the Committee on Governmental Affairs.


               THE NATIONAL GAMBLING STUDY COMMISSION ACT

 Mr. SIMON. Mr. President, today I am introducing legislation 
that would establish an 18 month commission to review the impact 
gambling has had on State and local governments, and native American 
tribes. As these entities find themselves strapped for financial 
resources, many public officials and residents believe gambling can be 
an economic panacea.
  Gambling is now one of the largest growth industries in the country. 
Legal wagering now totals almost $400 billion compared to $17.3 billion 
in 1974, according to the last--and only--national gambling study 
released in 1976 by the Commission on the Review of the National Policy 
Toward Gambling.
  Federal policy on gaming should not be a moral one, rather it should 
be a practical one. Gambling is a matter of personal choice, and I have 
no problem with individuals who enjoy and are able to play the lottery 
or the slots. But I am concerned with the substantial costs to 
individuals, families, and society. Legalized gambling can lead to 
problem and pathological gambling, deterioration of family 
relationships, lost work productivity, unpaid taxes, bankruptcies, 
higher crime rates, and increased costs to the criminal justice system.
  On the other hand, legalized gambling offers the promise of economic 
development, tourism, increased jobs and tax revenues, which is 
extremely appealing to State, local and tribal governments that compete 
with one another for financial resources.
  While State governments have primary responsibility for regulating 
gambling, the scope of gaming has broadened to a national level in 
recent years. I am introducing the Gambling [[Page S5448]] Impact Study 
Commission Act to address these issues of national concern, so State, 
local and tribal governments can make fully informed decisions about 
future economic development investments.
                                 ______


             By Mrs. KASSEBAUM (for herself and Mr. Brown):

  S. 707. A bill to shift financial responsibility for providing 
welfare assistance and medical care to welfare-related medicaid 
individuals to the States in exchange for the Federal Government 
assuming financial responsibility for providing certain elderly low-
income individuals and nonelderly low-income disabled individuals with 
benefits under the medicare program under title XVIII of the Social 
Security Act and long-term care benefits under a new Federal program 
established under title XIX of such act, and for other purposes; to the 
Committee on Finance.


      the welfare and medicaid responsibility exchange act of 1995

  Mrs. KASSEBAUM. Mr. President, I rise today to introduce a revision 
of the ``Welfare and Medicaid Responsibility Exchange Act of 1995'' 
with my colleague Senator Brown. This legislation incorporates the 
changes which I indicated would be forthcoming when we introduced the 
``swap'' legislation earlier this year.
  The basic principle embodied in both this and the earlier proposal is 
that true reform will occur only when there is a clear delineation of 
responsibilities between the federal and state governments.
  The legislation we are introducing today shifts to the states 
responsibility for the nation's largest welfare programs--Aid to 
Families with Dependent Children (AFDC), Supplemental Food Program for 
Women, Infants and Children (WIC), Food Stamps, and the AFDC portion of 
Medicaid. In exchange, the Federal Government will assume 
responsibility for that portion of the Medicaid program designed to 
provide acute care and long-term care to elderly and disabled 
Americans.
  Currently, the overlapping regulation and dual administration of the 
AFDC and Medicaid programs, in particular, has resulted in a 
significant lack of accountability. In contrast, this legislation makes 
a clear-cut decision about who will run the welfare programs, who will 
finance them, who will make key decisions, and who will be responsible 
for the outcomes.
  This legislation will allow both the States and the Federal 
Government to build a more cohesive safety net for the populations each 
sector is serving. At the end of a five-year transition period during 
which the States will be freed from the vast majority of restrictive 
Federal regulations, the States will have complete autonomy for 
designing welfare and medical programs for low-income individuals--
without Federal mandates, but with their own money at stake.
  The Federal Government will be able to improve the efficiency and 
effectiveness of the Supplemental Security Income (SSI) Medicaid 
program--a program which now consumes 70 percent of Medicaid costs yet 
serves only 30 percent of the Medicaid population--by better 
coordinating choronic care services for elderly and disabled Medicaid 
recipients, by promoting competition, and by allowing these individuals 
to have a broader choice of private health plans. To reduce the 
reliance on Medicaid, the revised legislation also includes tax 
incentives for the purchase of private long-term-care insurance and 
long-term care services, and standards for long-term care insurance. 
These provisions are similar to those contained in legislation which 
was introduced earlier this year by Senator Cohen.
  I would like to highlight some of the other key components of this 
revised swap legislation:
  State responsibilities: As in the earlier swap legislation (S. 140), 
the states will assume full costs for the AFDC, WIC, and Food Stamp 
programs. In addition, however, the states also will assume 
responsibility for providing health care for ``AFDC-related'' Medicaid 
recipients (non-elderly and non-disabled individuals). This population 
represents about 30 percent of current Medicaid expenditures.
  Federal responsibilities: Instead of assuming the full costs of the 
Medicaid program, under the revised legislation the federal government 
will assume financial responsibility for the ``SSI-related Medicaid'' 
program (elderly and disabled individuals). This group represents the 
remaining 70 percent of Medicaid costs.
  Five-year transition period: The revised legislation still contains a 
five-year transition period during which states will have freedom to 
design low-income assistance programs and time to build the 
infrastructure to support these programs. During this period, an 
independent Commission will work with Congress to develop the specific 
provisions of the federal Medicaid program for elderly and disabled 
individuals. Also, the federal government will continue to provide 
funding to states during this period so that no state will suffer 
significant losses of funding.
  State maintenance-of-effort: During the transition period, the states 
must spend the funds made available by the swap and any money 
previously used as a state match for AFDC, food stamps, WIC, and AFDC-
related Medicaid, to provide cash and non-cash assistance to low-income 
individuals and families. Unlike S. 140, however, the states may direct 
up to 15 percent of these funds annually to savings or other uses.
  Medicaid during the transition: Under the revised legislation, 
federal Medicaid benefit and coverage requirements for children will be 
frozen at 1995 levels during the transition. Beyond that, however, the 
states will be given significant freedom to redesign the AFDC-related 
Medicaid program without applying for federal waivers.
  At the end of the transition period: Under the revised legislation, 
Congress must determine at the end of five years whether to continue 
this arrangement or, instead, to grant the states complete autonomy to 
design welfare and low-income medical care programs. If this complete 
swap goes into effect, states that experience a significant loss of 
federal funds and have the greatest need for public services will be 
eligible for a targeted grant program.
  Mr. President, if we are serious about returning substantial 
authority, autonomy, and responsibility to state and local governments; 
if we are serious about rejecting the ``one-size-fits-all'' approach to 
income support programs which has frustrated those who have sought 
innovative solutions; and if we are serious about breaking the cycle of 
dependence that has frayed the current social welfare system; then I 
believe we must make systemic changes that will have a profound and 
long-lasting impact on the way services are delivered to needy 
Americans. We must cross the threshold from a Washington that simply 
shares power with the states to a Washington that actually surrenders 
power.
  This legislation goes a long way toward achieving that goal. I hope 
my colleagues will join me in working toward its passage.
                                 ______

      By Mr. NICKLES:
  S. 708. A bill to repeal section 210 of the Public Utility Regulatory 
Policies Act of 1978; to the Committee on Energy and Natural Resources.


                   the electric utility ratepayer act

 Mr. NICKLES. Mr. President, I introduce legislation to repeal 
section 210 of the Public Utility Regulatory Policies Act of 1978 
(``PURPA'').
  Section 210 of PURPA is no longer in the public interest. It is 
costing consumers billions of dollars in higher electric bills. It is 
interfering with the increasingly competitive wholesale market for 
electricity. It has been overtaken by changes in energy policy, 
particularly the transmission access and PUHCA reform provisions of the 
Energy Policy Act of 1992. It is no longer needed to promote a once-
fledgling independent power industry. In short, it is time to repeal 
section 210 of PURPA.
  Enacted in 1978, PURPA was one of several laws created by President 
Carter to address the energy crisis. All involved heavy government 
interference in the marketplace; all but PURPA have since been 
repealed.
  PURPA was created to stimulate the construction of non-conventional 
electric powerplants, referred to by PURPA as a qualifying facility 
[QF]. A QF can be a cogeneration powerplant of unlimited size, or a 
small power production facility of less than 80 megawatts. A 
cogeneration powerplant is a facility which produces heat along 
[[Page S5449]] with electric power. A small power production facility 
is as a renewable driven electric power generator, such as a windmill, 
a biomass or waste-fueled powerplant, a geothermal generator, a solar 
power facility, or a hydroelectric dam.
  Section 210 of PURPA encourages QFs in two ways. First it requires 
electric utilities to purchase the power they produce--whether or not 
it is needed. Second, it requires electric utilities to pay an avoided 
cost price for the electricity purchased from the QF--which may or may 
not bear any relationship to actual market price.
  When PURPA was enacted, everyone thought that it would benefit 
primarily unconventional power generating facilities, such as solar, 
geothermal, wind, and waste. These were unproven technologies at the 
time, and even with the host of benefits provided by PURPA plus tax 
incentives, it was not clear that they could ever be profitable. 
Instead, PURPA has primarily benefitted the more traditional turbine-
powered cogenerators. According to data provided by the Edison Electric 
Institute, more than three-fourths of installed QF generation capacity 
are cogenerators. Small power producers--solar, geothermal, wind and 
waste--account for less than one-forth of installed QF generation 
capacity.
  PURPA was also enacted on the assumption that it would not increase 
the price of electricity to consumers. Congress thought that it had 
guarded against this by limiting the price of QF electricity to the 
avoided cost--the price that the electric utility would have incurred 
had it generated the electricity itself or had it purchased it from 
someone else. But it did not work out that way. The Edison Electric 
Institute estimates that nationwide PURPA will add $38 billion to the 
future price of electricity, calculated in net
 present value. This continues to occur for several reasons.

  First, in many instances PURPA's avoided cost rate is being based on 
fuel price projections which often prove to be wildly wrong. Second, 
several States are setting the avoided cost rate above true avoided 
cost in order to encourage QFs. QFs are viewed as being socially 
desirable, even if not the cheapest source of power. The FERC has 
recently acknowledged that over the years it has given State public 
utility commissions wide latitude in implementing PURPA in order to 
maximize the development of QFs. Third, environmental adders continue 
to be included in the avoided cost rate to promote certain types of QF 
facilities. This further increases the price of QF power above true 
avoided cost. Fourth, because PURPA requires QF power to be purchased 
whether or not it is needed, utility-owned generation will continue to 
be idled, which someone has to pay for. Thus, unless we repeal PURPA 
section 210, this will continue for new QF contracts.
  Mr. President, some will argue that section 210 ought to be retained 
because it fosters competition in the wholesale power marketplace, but 
that is not true. The essence of competition is allowing choice, not 
mandating what must be purchased. Moreover, there are other key reasons 
why the wholesale electric power market has become competitive. They 
include the following: First, state public utility commissions have 
required their utilities to become more competitive. Second, Congress 
opened the wholesale market to all electric generators through 
transmission access and PUHCA reform. Third, and most importantly, the 
market itself denies everyone the luxury of avoiding competition. Thus, 
the repeal of PURPA section 210 will not adversely affect competition.
  Mr. President, while everyone agrees that renewable energy can and 
should play a role in the future energy mix, that should not be 
accomplished through PURPA's mandated purchase requirement. In this 
connection, I might note that there are other programs on the books to 
promote renewables. For example, section 1212 of the Energy Policy Act 
of 1992 provides a renewable energy production incentive of 1.5 cents 
per kilowatt hour, subject to appropriations, for solar, wind, biomass, 
and geothermal powerplants. Section 1914 provides a tax credit of 1.5 
cents per kilowatt hour for wind and closed-loop biomass. This is not 
subject to appropriations. Section 1916 provides a permanent extension 
of the energy investment credit for solar and geothermal properties.
  Mr. President, I am a strong believer in contract sanctity. The bill 
I am introducing does not abrogate existing contracts; they will 
continue to operate by their own terms. Section 4 of the bill 
specifically states that ``Nothing in this Act abrogates any existing 
contract.''
  Mr. President, it is clear the time has come to repeal section 210 of 
PURPA. It is distorting competition and it is hurting consumers. It is 
time to substitute the discipline of the marketplace for the judgment 
of regulators. In short, it is time for PURPA section 210 to go. I urge 
may colleagues to join me in my efforts to update our energy policy to 
benefit consumers and our economy.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 708

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as ``The Electric Utility Ratepayer 
     Act.''

     SEC. 2. FINDINGS.

       The Congress findings that--
       (1) implementation of section 210 of the Public Utility 
     Regulatory Policies Act of 1978 results in many consumers 
     paying excessive rates for electricity;
       (2) the Energy Policy Act of 1992 gives producers of 
     electricity additional access to the wholesale electric 
     market through transmission access and exemption from the 
     Public Utility Holding Company Act; and
       (3) in light of the increasingly competitive wholesale 
     electric marketplace being brought about by the Energy Policy 
     Act of 1992, there no longer is any justification for section 
     210 of the Public Utility Regulatory Policies Act of 1978.

     SEC. 3. REPEAL.

       Section 210 of the Public Utility Regulatory Policies Act 
     of 1978 (16 U.S.C. 824a-3) is hereby repealed.

     SEC. 4. TRANSITION.

       Nothing in this Act abrogates any existing contract.

     SEC. 5. EFFECTIVE DATE.

       The provisions of this act are effective April 7, 
     1995.
                                 ______

      By Mr. BOND (for himself and Mr. Bryan):
  S. 709. A bill to amend the Fair Credit Reporting Act, and for other 
purposes; to the Committee on Banking, Housing, and Urban Affairs.


                     consumer reporting reform act

  Mr. BOND. Mr. President, I join my colleague, Senator Bryan, in 
introducing the Consumer Reporting Reform Act of 1995. We have spent 
several sessions of Congress in perfecting this legislation, and I 
expect this bill to enjoy wide bipartisan support. In particular, this 
legislation balances the needs of the consumer to have accurate credit 
information, while ensuring that the credit industry provides such 
information without the imposition of unreasonable regulatory burdens.
  The Fair Credit Reporting Act is overdue for revision and reform. I 
know that we have all heard too many horror stories about inaccurate 
credit information and the inability of consumers to get the 
information corrected. The Fair Credit Reporting Act was written long 
before computer technology was as sophisticated as it is today. These 
technological advances have meant a drastic increase in the amount of 
information that can be kept and is kept on individuals. Current law 
simply does not adequately protect consumers.
  For example, currently the law only requires that credit bureaus 
reinvestigate within a reasonable period of time. It was not uncommon 
for it to take months, even years, to get a credit report corrected and 
cleaned up. And even in cases where a consumer does succeed in getting 
the incorrect information removed or corrected, there is nothing to 
prevent the incorrect information from being put back on the credit 
report.
  I believe that the single most important consumer protection 
provision in this legislation is the 30-day limit on the 
reinvestigation procedure. If the disputed information cannot be 
verified or is found to be inaccurate within 30 days, then it is 
corrected or removed from the credit report and cannot be reinserted 
without a notice to the consumer. [[Page S5450]] 
  This is the cornerstone of the legislation--the most significant 
improvement over current law.
  In addition, I realize that the credit bureaus have voluntarily 
instituted a 30-day standard in recent years, but there is no force of 
law behind it to hold them to it. I congratulate the credit bureaus for 
taking steps to make the system more accurate, but I feel that 
legislation is still needed. It was the threat of this legislation that 
has cleaned up the system, and I think we have an obligation to finish 
the job. This legislation, in particular, will address concerns about 
accuracy in the system and the need for consumer privacy.
  I emphasize that I have met with many of my constituents to listen to 
their horror stories of trying to fix mistakes on their credit reports. 
They have met with many of the same obstacles that millions of other 
consumers have faced--months of waiting for their credit reports to be 
fixed, credit grantors who are unresponsive, and no one to talk to who 
will listen to their complaints. As you know, these problems are not 
new. I have been hearing about these problems for years and trying to 
find a way to address them. This legislation is designed to address 
these problems.
  Because it traditionally takes a long time for the credit bureaus to 
respond and fix credit reports, the bill requires the process to be 
completed in 30 days. As I have said, if the information in the report 
cannot be verified by the creditor who submitted it within 30 days, it 
will be removed from the report. In addition, it cannot be reinserted 
later unless the consumer is notified.
  When a consumer goes through the reinvestigation process with the 
credit bureau and the problem is still not fixed, our bill gives the 
consumer the right to sue the creditor who will not fix the information 
it submitted to the credit bureau.
  This bill also contains limited Federal preemption to ensure that 
there are uniform Federal standards to govern a number of procedural 
issues which are part of credit reporting and which will reduce the 
burdens on the credit industry from having to comply with a variety of 
different State requirements. For example, the bill preempts 
requirements regarding prescreening, information shared among 
affiliates, reinvestigation timetables, obsolescence time periods and 
certain disclosure forms.
  In addition, the civil liability section makes it absolutely clear 
that there are only private causes of action against a furnisher after 
that furnisher has had an opportunity to reinvestigate and fix any 
mistakes.
  I believe that this legislation is a well-balanced bill. All 
interested parties benefit from this bill. The free flow of accurate 
information will help all sides by promoting good economic decisions in 
our free market economy. Consumers get increased disclosure and a 30-
day reinvestigation time period and the credit industry gets a limited 
Federal preemption, the ability to share information among affiliates, 
and broader prescreening abilities.
  Mr. BRYAN. Mr. President, I join Senator Bond today in introducing 
amendments to the Fair Credit Reporting Act. I want to again express my 
appreciation for the efforts of Senator Bond. I have enjoyed teaming up 
with him on a number of issues and look forward to continuing this 
friendship and productive working relationship.
  As those who follow this issue know, Senator Bond and I came 
extremely close to getting similar legislation enacted into law last 
Congress. Versions of this bill passed the Senate 87 to 10 and passed 
the House of Representatives on several occasions. Unfortunately 
because this came up at the of the session, one Senator was able to 
block this bill's enactment into law. I am confidant we can get this 
legislation to the President's desk this year.
  This legislation is similar to the version that passed the Senate and 
House of Representatives last year. Senator Bond and I have made some 
refinements but the guts of the bill are intact.
  The heart of this legislation is the investigation process which is 
undertaken when a consumer discovers a mistake on his or her credit 
report. We all know that mistakes will occur when you are entering 
billions of pieces of data in computer banks every month. That is 
inevitable.
  What is not inevitable is the frustration consumers experience 
getting these mistakes removed from their files. This bill requires 
credit bureaus and the businesses which supply information to verify it 
within 30 days or remove it from a consumer's file. Thereby, the burden 
of proof is transferred from consumers to businesses to verify the 
accuracy of the information in a file.
  I was struck by the testimony of Nevadans who were forced to jump 
through a serious of hoops to prove that the information in their file 
was faulty. They spent countless hours on the telephone trying to track 
down information and to explain to credit bureau representatives what 
mistakes have been made. Through no fault of their own, these people 
were put through the ringer. This legislation should rectify this 
situation.

  The bill also brings businesses who furnish information into the 
regulatory process. Without such a provision, bad actors can wreak 
havoc on the credit reporting system and on consumers. I would have 
preferred a higher standard of liability for these businesses but 
believe this is a good first step.

  On this point, I must express my total disgust at the behavior of the 
J.C. Penney Co. In my entire career of public service, I have never 
seen a more disingenuous lobbying effort by any organization, and I 
will not soon forget it.
  This legislation tries to craft a delicate balance on the issue of 
State preemption. Senator Bond and I are both former Governors so we 
take States' rights very seriously. We have tried to only preempt those 
areas of this law which affect the operational efficiencies of 
businesses but do not harm consumers. Setting a national uniform 
standard for disclosure forms or timetables, does not set the consumer 
movement back, yet should help the business community operate more 
efficiently.
  I would like to put everyone on notice that I feel very strongly that 
we should not preempt States' rights in the area of liability--
particularly if we set a low-liability standard as we do in this bill. 
Certain members of the business community have and will continue to 
push to preempt this area of State law, but I will fight such efforts 
and will have to reconsider the merits of this bill, should I lose on 
this issue.
  I believe the issues in this bill have been compromised and refined 
over several years of consideration and do not need much more 
massaging. They represent an equitable balance with benefits to both 
the consumers and businesses. I hope we can move this along swiftly. I 
urge my colleagues support.
                                 ______

      By Mr. KERREY:
  S. 710. A bill to promote interoperability in the evolving 
information infrastructure maximum competition, innovation, and 
consumer choice, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.


                Telecommunications Interoperability Act

  Mr. KERREY. Mr. President, earlier this week I came to the floor of 
the Senate to discuss my concerns relating to the pending 
Telecommunications Competition and Deregulation Act of 1995, S.652. I 
have been concerned that this bill does not do enough to promote 
competition and consumer choice. As we on Capitol Hill work to revamp 
the regulatory regimes governing the telephone and cable television 
companies of today, a much larger dynamic is taking hold in our 
country.
  The digital age is upon us, and we must try to take this larger 
picture into view if we are to be truly effective in our efforts to 
pass telecommunications reform that will serve our country, not only 
today, but tomorrow, and for the years to come. We need to take this 
opportunity, not only to address the regulatory issues currently being 
discussed, but to think about what kind of world we want this digital 
age to create.
  Today, I am introducing legislation, the Communications 
Interoperability Act of 1995, that I hope will stimulate a vigorous 
public debate on how we can best achieve a truly ubiquitous National 
Information Superhighway. I am [[Page S5451]] introducing this bill as 
a discussion vehicle, and welcome reactions or comments on this 
legislation from interested parties.
  The National Information Superhighway, or National Information 
Infrastructure (NII) as it is called, is evolving as we speak. This new 
digital age brings with a convergence of technology and vast new 
opportunities for Americans to gather and disseminate information. This 
NII pays no mind to the lines between industry sectors that have 
existed in the past. The NII is a conglomeration of pieces, including, 
various high-speed, interactive, narrow and broadband networks that 
exist today and will emerge tomorrow. It is the satellite, terrestrial, 
and wireless technologies that deliver content to homes, businesses, 
and other public and private institutions. The NII is a term that 
encompasses all the pieces and conveys a vision for a nationwide, 
invisible, seamless, dynamic web of transmission mechanisms, 
information appliances, content and people. This
 ubiquitous network of networks has the potential to improve the 
quality of life for all Americans--regardless of location, age, 
economic status, or physical handicap. However, this potential will 
only be realized if we have interoperability in our information 
infrastructure.

  Interoperability is the ability of two or more systems to interact 
with one another. Interoperability allows diverse systems made by 
different vendors to communicate with each other so users do not have 
to make major adjustments to account for differences in products and 
services. Open interfaces at critical points of connection will allow 
interoperability to occur.
  Interoperability will allow components of the NII to work together 
easily and transparently. A high school student in Nebraska will be 
able to use research resources located anywhere in the country, and 
discuss that research with students at distant schools. It will allow 
teachers in Nebraska to share information about experiences with other 
teachers around the country. If, while on vacation, a person becomes 
ill, a doctor in another State will be able to easily reach the family 
physician in Nebraska to consult and access complete medical records 
online.
  Interoperability will make the NII accessible to the broadest number 
of people--both users and vendors. Users will not be limited to a 
particular vendor's products. Vendors will be able to make their 
services available to anyone who wants to use them. A small business or 
entrepreneur in Nebraska will be able to fully realize their potential 
because from their home office they will have the ability to easily 
reach customers across the Nation and around the world.
  Interoperability allows all Americans to be both information 
consumers and information providers. This means that a citizen in 
Lincoln, NE, will not only be able to access the vast amount of 
information using an information appliance of her choice, at the same 
time, she will also be able to publish her newsletter on fishing in 
Nebraska to interested readers wherever they reside.
  Interoperability promotes competition among technologies, providers, 
and media, leading to the greatest number of choices, the lowest 
prices,
 and maximum innovation. Interoperability based on open interfaces, 
will help promote a level playing field for the future of 
communications. Rather than attempting to create or adapt regulations 
to ever changing technologies, open interfaces, and interoperability 
will help ensure access and competition by allowing new entrants into 
the marketplace.

  Interoperability must be led by industry, but Congress can help by 
promoting the vision of an interoperable information infrastructure. I 
am not suggesting that Government get involved setting standards or 
dictating what technologies the private sector should use. What I am 
suggesting is that we all have an interest in monitoring the private 
sector process and facilitating the development of a system that will 
best serve American business, and American citizens.
  Without interoperability, we will simply have pockets of information 
and services that will not be nearly as valuable because they will not 
be easily linked to other parts of the infrastructure. Interoperability 
will allow information to be transmitted between different 
technologies, allowing for the most efficient distribution of services. 
In some areas, wire lines or fiber optic cable may be dominant, while 
in other more rural areas we may need to rely on satellite and wireless 
technologies. Unless all these divergent parts of the system are 
interoperable, the digital age will divide us into information haves 
and have nots. I am concerned about the potential for rural States like 
mine to be left behind as the digital age charges forward.
  The distinguished Senator from Maine introduced legislation earlier 
this week to promote competition and consumer choice in consumer 
electronics used in conjunction with the current cable system. 
Certainly an important piece of the overall infrastructure, but as the 
distinguished Senator pointed out in his introductory statement, this 
bill is only focused on one particular area of telecommunications. The 
legislation I am introducing today focuses on the bigger picture, 
providing a broader, over-arching vision for our digital information 
age.
  By looking ahead, and providing some policy objectives we can use 
this opportunity to address not only past and current regulatory 
issues, but
 to project some expectations for the future of communications. 
Expectations which include an information infrastructure that 
strengthens our educational system, expands commerce, improves the 
delivery of health care, and enhances participatory democracy.

  I hope we will embrace this opportunity to herald the future.
  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. 710

       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 ``Communications 
     Interoperability Act of 1995''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) the rapid convergence of communications, computing and 
     video technologies holds the promise of bringing 
     revolutionary improvements in the delivery
      of a variety of information and other communications 
     services to the American public;
       (2) interoperability will promote competition among 
     technologies, providers, and media, leading to the greatest 
     choices, lowest prices, highest value, and maximum 
     innovation;
       (3) interoperability at key interfaces of the developing 
     information infrastructure of the United States will ensure 
     that existing and new components work together easily, 
     quickly, and transparently as the components of today's 
     telephone system;
       (4) interoperability will help ensure that the information 
     and communications infrastructure of the future will be 
     accessible to the broadest number of people, both users and 
     vendors of products and services;
       (5) open interfaces at critical connection points are 
     essential to achieving interoperability and the smooth 
     transfer of information throughout the system; and
       (6) the development of an interoperable information 
     infrastructure based on open interfaces is in the interest of 
     all Americans, and the Federal Government should act as a 
     facilitator to achieve this goal.
     SEC. 3. DEFINITIONS.

       As used in this Act:
       ``(1) Interoperability.--The term ``interoperability'' 
     means--
       ``(A) the ability of two or more systems (such as devices, 
     databases, networks, or technologies) to interact in concert 
     with one another, in accordance with a prescribed method, to 
     achieve a predictable result;
       ``(B) the ability of diverse systems made by different 
     vendors to communicate with each other so that users do not 
     have to make major adjustments to account for differences in 
     products or services; and
       ``(C) compatibility among systems at specified levels of 
     interaction, including physical compatibility.
       The compatibility described in subparagraph (C) should be 
     achieved through open interface specifications.
       ``(2) Interface specifications.--The term ``interface 
     specifications'' means the technical parameters for the 
     manner in which systems, products, and services communicate 
     with each other and may be limited to the information 
     necessary to achieve interoperability, leaving the 
     implementation and remaining product design to the creative 
     abilities of competitive suppliers.

     SEC. 4. PROMOTING INTEROPERABILITY.

       The Federal Communications Commission, and other 
     appropriate Federal Government agencies (such as the National 
     Institute of Standards and Technology), shall monitor the 
     voluntary industry standards processes, [[Page S5452]] and 
     assist private sector standards bodies in the identification 
     and promotion of open and interoperable interface 
     specifications as needed.
                                 ______

      By Mr. HATCH (for himself, Mr. Biden, Mr. Thurmond, Mr. Abraham, 
        and Mr. Grassley):
  S.J. Res. 32. Joint resolution expressing the concern of the Congress 
regarding certain recent remarks that unfairly and inaccurately 
maligned the integrity of the Nation's law enforcement officers; to the 
Committee on the Judiciary.


                LAW ENFORCEMENT OFFICERS JOINT RESOLUTION

  Mr. HATCH. Mr. President, I rise today to introduce a joint 
resolution expressing the Nation's gratitude to its law enforcement 
officers, and ask that it be passed by unanimous consent.
  Every day, the brave men and women of our Nation's police forces put 
their lives on the line as they patrol our streets to keep the rest of 
use safe. These fine public servants are far too often all that stands 
between the rule of law and the tyranny of crime and chaos.
  The job of a law enforcement officer is increasingly dangerous. 
Across America, 70 law enforcement officers were murdered in the line 
of duty in 1993. Assaults on officers are commonplace. Yet these men 
and women go out every day and perform their jobs with courage and 
integrity.
  Attacks from criminals, however, are not the only assaults out law 
enforcement officers are suffering from today. They are also being 
victimized by malicious, mean-spirited, and misleading verbal attacks 
from those who should know better.
  Officers daily put their lives in jeopardy to prevent crime, and to 
investigate crimes that have been committed, in order to bring the 
guilty to justice. They are expected to act perfectly, with often 
imperfect information, and must ensure both the safety of the community 
and the integrity of the criminal justice process.
  The Nation's police officers perform these tasks admirably. And On 
those rare and regrettable occasions when they falter, it is the police 
who are most aggrieved, seeking to redress the failure to uphold the 
public's trust. They recognize that without that trust, they cannot 
enforce the laws.
  So we must never forget the faith with which the police attempt to 
discharge their duty. Whenever the public is led to believe without 
cause that their law enforcement officers are less than true to their 
oaths ``to serve and protect,'' the rule of law is endangered. For any 
society in which the law is in disrepute, or its fair enforcement in 
doubt, is only a shore step away from a society without law.
  America owes a debt of gratitude to its police officers that it 
really cannot repay. However, Congress can and should take this 
opportunity to acknowledge that debt, and express the American People's 
thanks for the continuing service of its law enforcement heroes.
  Mr. President, I urge my colleagues to join me in support of this 
joint resolution.
  Mr. BIDEN. Mr. President, today, I and Senator Hatch are introducing 
a joint resolution to express the concern of the Congress regarding 
some recent remarks that inaccurately malign the integrity of the 
Nation's law enforcement officers.
  It has been my privilege to work closely with our Nation's State and 
local police officers throughout my career. And, whether I have been 
dealing with officers who protect citizens in one of Delaware's 
smallest towns or those who patrol our Nation's largest cities, I have 
been impressed by the level of honor, commitment and integrity they 
have consistently upheld. Indeed, the evidence is that vast majority of 
our Nation's law enforcement officers are conscientious public servants 
who have a job where they must literally be willing to lay their life 
on the line everyday they go to work.
  Let me be clear, I do not being to claim that there are no ``bad 
apples'' among the Nation's 540,000 police officers--as in every 
profession, there are ``bad apples'' who violate the law. But, this 
does not justify any sweeping indictment of the ethics of the entire 
police profession, any more than a case of malpractice by a doctor 
justifies sweeping criticism of the entire medical profession.
  Because I believe it is simply unfair to make allegations about a 
whole profession based on the actions of a tiny minority and because I 
have enjoyed such a close and, I hope, mutually respectful relationship 
with our Nation's police officers, I am introducing this legislation so 
that the Congress is on record as recognizing the integrity of our 
Nation's police profession. I am happy to be joined by Senator Hatch on 
this measure, and I look forward to other Senators joining us in this 
effort.
  The morale of our Nation's police officers is dependent upon the 
respect they feel from all of us, such is the case for any profession. 
This resolution is but one of many chances the Senate will have this 
year to indicate our confidence in our Nation's police. Later this 
year, I expect that the Senate will be faced with legislation that will 
nullify the provisions of the Violent Crime Control Act of 1994 that 
will add 100,000 more police to our streets. Those who believe that our 
Nation's police do not live up to the highest ethical standards may 
oppose this effort to add 100,000 officers to their ranks. But, those 
of us who know that the overwhelming majority of our police meet these 
high standards, must protect this effort to add 100,000 state and local 
police to America's neighborhoods.
  I admit that the resolution I introduce today offers but some small 
measure of rhetorical support. The real support for our Nation's police 
will be shown by continuing our commitment to add 100,000 more officers 
to the ranks of those who protect us all. I urge my colleagues to 
support this resolution.


                          ____________________