[Congressional Record Volume 141, Number 99 (Friday, June 16, 1995)]
[Senate]
[Pages S8550-S8564]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SARBANES (for himself, Ms. Mikulski, and Mr. Robb):
  S. 934. A bill to authorize the establishment of a pilot program to 
provide environmental assistance to non-Federal interests in the 
Chesapeake Bay watershed, and for other purposes; to the Committee on 
Environment and Public Works.
  S. 935. A bill to amend the Food Security Act of 1985 to require the 
Secretary to establish a program to promote the development of riparian 
forest buffers in conservation priority areas, and for other purposes; 
to the Committee on Agriculture, Nutrition, and Forestry.
      By Mr. SARBANES (for himself, Mr. Warner, Ms. Mikulski, and Mr. 
        Robb):
  S. 936. A bill to amend the Federal Water Pollution Control Act to 
assist in the restoration of the Chesapeake Bay, and for other 
purposes; to the Committee on Environment and Public Works.
      By Mr. SARBANES (for himself, Ms. Mikulski, and Mr. Robb):
  S. 937. A bill to reauthorize the National Oceanic and Atmospheric 
Administration Chesapeake Bay Estuarine Resources Office, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
      By Mr. SARBANES (for himself, Mr. Warner, Ms. Mikulski, and Mr. 
        Robb):
  S. 938. A bill to provide for ballast water management to prevent 
aquatic nonindigenous species from being introduced and spread into the 
waters of the United States, and for other purposes; to the Committee 
on Commerce, Science, and Transportation.


                       chesapeake bay legislation

  Mr. SARBANES.
  Mr. President, today, I am introducing, along with a number of my 
colleagues, a package of five bills directed to continuing and 
enhancing the efforts to clean up the Chesapeake Bay. 

[[Page S8551]]
Joining me in sponsoring elements of this package are my distinguished 
colleague from Maryland, Senator Mikulski, and my two distinguished 
Virginia colleagues, Senators Warner and Robb.
  Mr. President, the Chesapeake Bay is the largest estuary in the 
United States and the key to the ecological and economic health of the 
mid-Atlantic region. The bay, in fact, is one of the world's great 
natural resources. We tend to take it for granted, since it is right 
here at hand, so to speak, and I know many Members of this body have 
enjoyed the Chesapeake Bay. The bay provides thousands of jobs for the 
people in this region. It is a world-class fishery that produces a 
significant portion of the country's fin fish and shellfish catch. It 
is a major commercial waterway and shipping center for the region and 
for much of the eastern United States. And it is an unparalleled 
recreational center for almost 10 million people.
  The Chesapeake Bay also provides vital habitat for living resources. 
Over 2,700 plant and animal species live in the bay. It provides a 
major resting area for migratory birds and waterfowl along the Atlantic 
flyway, including many endangered and threatened species.
  I could go on and on about this dimension of the bay, but most people 
are aware of it. Certainly, our Nation's scientists are aware of it and 
have consistently regarded the protection and the enhancement of the 
quality of the Chesapeake Bay as an extremely important national 
objective.
  It is a treasured asset for those of us in Maryland--in fact, for all 
those who live around the bay in the other States, our neighboring 
State of Virginia, and the States to the north of us. Much of the water 
that comes into the bay comes from the Susquehanna River which 
originates in New York State.
  The Chesapeake Bay is a defining element in Maryland history and a 
key to the quality of Maryland life throughout our history.
  When the bay began to experience serious unprecedented declines in 
water quality and living resources in recent decades, the people in my 
State suffered as well. We lost thousands of jobs in the fishing 
industry. We lost much of the wilderness that defined the watershed.
  We began to appreciate for the first time the profound impact that 
human activity could have on the Chesapeake Bay ecosystem.
  Untreated sewage, deforestation, toxic chemicals, farm runoff, and 
increased development resulted in a degradation of water quality and a 
destruction of wildlife and its habitat.
  Now, fortunately, over the last two decades we have also come to 
understand that humans can have a positive influence on the 
environment, and that we can, if we choose, assist nature to repair 
much of the damage which has been done.
  We now treat sewage before it enters our waters. We ban toxic 
chemicals that were killing the wildlife, we have initiated programs to 
reduce nonpoint source pollution, and we have taken aggressive steps to 
restore depleted fisheries.
  The States of Maryland, Virginia, and Pennsylvania deserve much of 
the credit for undertaking many of the actions that have put the bay 
and its watershed on the road to recovery.
  All three States have had major cleanup programs. They have made 
significant commitments in terms of resources. It is an important 
priority item on the agendas of the bay States. Successive 
administrations--Governors have been strongly committed, State 
legislatures, the public. There are a number of private organizations--
the Chesapeake Bay Foundation, for example--which do extraordinarily 
good work in this area.
  But there has been an involvement of the Federal Government as well 
in helping to bring about the recent successes. It has been an 
essential and critical involvement.
  Without the Federal Clean Water Act, the Federal ban on DDT, and 
EPA's watershed-wide coordination of Chesapeake Bay restoration and 
cleanup activities, we would not have been able to bring about the 
concerted effort, the real partnership, that is succeeding in improving 
the water quality of the bay and is succeeding in bringing back many of 
the fish and wildlife species that were on their way to simply being a 
memory.
  So there has been an important role that has been played by the 
National Government in serving as a catalyst to bring together the 
State and local effort and the private sector effort. An extraordinary 
partnership has been built that is much greater than the sum of its 
parts.
  There is a dynamic element that has resulted, as a consequence, that 
has enabled us to gain a significant momentum in raising the quality of 
the Chesapeake Bay to the benefit of everyone.
  The Chesapeake Bay is getting cleaner, but we cannot afford to be 
complacent. There are tremendous stresses imposed upon the bay. This is 
a fast-growing area of the country, with increased population. The 
commercial stresses intensify.
  So we need to address the continuing needs of the bay restoration 
effort. The hard work, investment, and commitment, at all levels, which 
has brought gains over the last two decades, must not be allowed to 
relax.
  The measures I am introducing today are designed to build upon our 
National Government's past role in the Chesapeake Bay program, the 
highly successful Federal-State-local partnership to which I made 
reference, that so ably coordinates and directs efforts to restore the 
bay.
  The proposed legislation reauthorizes the bay program and expands the 
responsibilities of the Federal agencies with a stake in the future of 
the bay so as to address continuing trouble spots in the watershed.
  Difficulties identified by the Chesapeake Bay community include loss 
of wetlands and forests, soil erosion, toxics, nuisance species, and 
shellfish disease.
  Let me just outline briefly how these various measures seek to 
accomplish this. First among this package of five bills is legislation 
that carries forward and enhances the role of the Environmental 
Protection Agency as the lead Federal agency committed to cleaning up 
the bay. It establishes a mechanism for interagency coordination and 
cooperation in the Chesapeake Bay restoration efforts.
  The proposal also calls on EPA to initiate new programs to conduct 
watershed-wide research, programs to restore essential habitat, and 
programs to reduce toxics in the watershed.
  Another bill in this package directs the Coast Guard to develop 
guidelines for ships entering U.S. waters, to limit the opportunity for 
the introduction of potentially harmful nonindigenous species through 
ballast water releases.
  In other words, the bay is a ship artery. It is a commercial 
waterway. The Port of Baltimore is one of our Nation's leading ports. 
Ships coming into the Chesapeake Bay often release ballast water. The 
concern is that in the course of doing so they will release into the 
bay species that are nonindigenous to the bay. In other words, species 
that had been taken on elsewhere in the world and then would be 
released into the bay to its detriment.
  In fact, this legislation builds on the program undertaken in the 
Great Lakes where nonindigenous species, such as the zebra mussel, are 
already causing millions of dollars in damage. We want to avoid such a 
situation developing in the Chesapeake Bay, and this provision giving 
the Coast Guard a role to play with respect to the release of ballast 
water is important in that regard.
  Third, the package of legislation continues NOAA's role as the 
Federal agency responsible for providing key marine research in the 
Chesapeake Bay. It directs NOAA to continue to undertake research on 
and to develop solutions for the diseases that have ravaged oyster 
fisheries throughout the United States and, in particular, in the 
Chesapeake Bay. We have been very hard hit by these diseases that have 
virtually decimated the oyster industry. NOAA is the agency to carry 
forward this key marine research.
  Fourth, the package of legislation calls on the Army Corps of 
Engineers to provide assistance to State and local governments in the 
design and construction of water-related infrastructure, and to assist 
in developing resource protection projects. 

[[Page S8552]]

  Let me just give an example of the projects I am talking about. The 
beneficial use of dredge material which offers a win-win situation. We 
have to dredge the bay channels for shipping purposes. There is a 
problem with the disposal of the spoil from that dredging. We now 
realize that if we move it to eroding islands, we can rebuild the 
islands. In other words, you have a disposal site so that you dispose 
of it in a way that is beneficial to the environment by renewing 
habitat.
  We also are interested in the corps addressing sediment and erosion 
control questions, the protection of eroding shoreline, and the 
protection of essential public works such as waste water treatment and 
water supply facilities.
  The final piece of legislation in this package directs the U.S. 
Department of Agriculture, acting through the Natural Resources 
Conservation Service and through the Forest Service, to encourage the 
planting of streamside forests in the Chesapeake Bay watershed and in 
other conservation priority areas. In other words, we encourage the 
planting of forest buffers, which then help to limit the pollution of 
water resources by reducing the entry of nonpoint pollutants into 
streams, and by stabilizing stream banks.
  It is a very important and worthwhile program. By planting these 
buffer zones of trees we are able to stabilize the stream bank, and 
also filter out pollutants which otherwise would go into the bodies of 
water.
  Mr. President, it is the hope of the cosponsors that most of these 
measures will ultimately be incorporated into larger pieces of 
legislation that are due to be reauthorized or considered this year. 
However, if such legislation is not considered or should become stalled 
in the legislative process--the larger legislation covers a whole range 
of issues--it is our intention to try to move forward with this 
legislation separately.
  The Chesapeake Bay cleanup effort has been a major bipartisan 
undertaking in this body. It has consistently, over the years, been 
strongly supported by virtually all Members of the Senate. I strongly 
urge my colleagues to join with us in supporting this legislation and 
contributing to the improvement and the enhancement of one of our 
Nation's most valuable and treasured natural resources.
  Mr. President, I ask unanimous consent that the text of these bills 
and a section-by-section analysis of the bills be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 934

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

     SECTION 1. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND 
                   PROTECTION PROGRAM.

       (a) Establishment.--
       (1) In general.--The Secretary of the Army (referred to in 
     this section as the ``Secretary'') shall establish a pilot 
     program to provide environmental assistance to non-Federal 
     interests in the Chesapeake Bay watershed.
       (2) Form.--The assistance shall be in the form of design 
     and construction assistance for water-related environmental 
     infrastructure and resource protection and development 
     projects affecting the Chesapeake Bay estuary, including 
     projects for sediment and erosion control, protection of 
     eroding shorelines, protection of essential public works, 
     wastewater treatment and related facilities, water supply and 
     related facilities, and beneficial uses of dredged material, 
     and other related projects that may enhance the living 
     resources of the estuary.
       (b) Public Ownership Requirement.--The Secretary may 
     provide assistance for a project under this section only if 
     the project is publicly owned, and will be publicly operated 
     and maintained.
       (c) Local Cooperation Agreement.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a local cooperation 
     agreement with a non-Federal interest to provide for design 
     and construction of the project to be carried out with the 
     assistance.
       (2) Requirements.--Each local cooperation agreement entered 
     into under this subsection shall provide for--
       (A) the development by the Secretary, in consultation with 
     appropriate Federal, State, and local officials, of a 
     facilities or resource protection and development plan, 
     including appropriate engineering plans and specifications 
     and an estimate of expected resource benefits; and
       (B) the establishment of such legal and institutional 
     structures as are necessary to ensure the effective long-term 
     operation and maintenance of the project by the non-Federal 
     interest.
       (d) Cost Sharing.--
       (1) Federal share.--Except as provided in paragraph (2)(B), 
     the Federal share of the total project costs of each local 
     cooperation agreement entered into under this section shall 
     be 75 percent.
       (2) Non-federal share.--
       (A) Value of lands, easements, rights-of-way, and 
     relocations.--In determining the non-Federal contribution 
     toward carrying out a local cooperation agreement entered 
     into under this section, the Secretary shall provide credit 
     to a non-Federal interest for the value of lands, easements, 
     rights-of-way, and relocations provided by the non-Federal 
     interest, except that the amount of credit provided for a 
     project under this paragraph may not exceed 25 percent of 
     total project costs.
       (B) Operation and maintenance costs.--The non-Federal share 
     of the costs of operation and maintenance of a project 
     carried out under an agreement under this section shall be 
     100 percent.
       (e) Applicability of Other Federal and State Laws and 
     Agreements.--
       (1) In general.--Nothing in this section waives, limits, or 
     otherwise affects the applicability of any provision of 
     Federal or State law that would otherwise apply to a project 
     carried out with assistance provided under this section.
       (2) Cooperation.--In carrying out this section, the 
     Secretary shall cooperate fully with the heads of appropriate 
     Federal agencies, including--
       (A) the Administrator of the Environmental Protection 
     Agency;
       (B) the Secretary of Commerce, acting through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration;
       (C) the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service; and
       (D) the heads of such other Federal agencies and 
     departments and agencies of a State or political subdivision 
     of a State as the Secretary determines to be appropriate.
       (f) Demonstration Project.--The Secretary shall establish 
     at least 1 project under this section in each of the States 
     of Maryland, Virginia, and Pennsylvania. A project 
     established under this section shall be carried out using 
     such measures as are necessary to protect environmental, 
     historic, and cultural resources.
       (g) Report.--Not later than December 31, 1998, the 
     Secretary shall transmit to Congress a report on the results 
     of the program carried out under this section, together with 
     a recommendation concerning whether or not the program should 
     be implemented on a national basis.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $30,000,000 for 
     the period consisting of fiscal years 1996 through 1998, to 
     remain available until expended.
                                                                    ____


                                 S. 935

       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 ``Riparian Forest Pilot 
     Program Establishment Act''.

     SEC. 2. RIPARIAN FOREST PILOT PROGRAM.

       Section 1231 of the Food Security Act of 1985 (16 U.S.C. 
     3831) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Riparian Forest Pilot Program.--
       ``(1) In general.--The Secretary shall establish a program 
     to promote the development of riparian forest buffers in 
     conservation priority areas designated under subsection (f) 
     by entering into contracts to assist owners and operators of 
     lands described in paragraph (2) to improve water quality and 
     living resources in the conservation priority areas.
       ``(2) Eligible lands.--Notwithstanding subsection (b), the 
     Secretary may include in the program established under this 
     subsection any cropland or pasture land that, when converted 
     to a riparian forest buffer consisting of trees, shrubs, or 
     other vegetation, will--
       ``(A)(i) intercept surface runoff, wastewater, and 
     subsurface flows from upland sources for the purpose of 
     removing or buffering the effects of associated nutrients, 
     sediment, organic matter, pesticides, or other pollutants, 
     prior to entry into surface waters or ground water recharge 
     areas; or
       ``(ii) accomplish specific objectives for terrestrial or 
     aquatic habitat identified by the Secretary; and
       ``(B) meet specifications for size, vegetation, and tree 
     species established by the Natural Resources Conservation 
     Service and the Forest Service, in cooperation with 
     appropriate State agencies.
       ``(3) Duration, modification, and extension of contracts.--
     Notwithstanding subsection (e), during calendar years 1996 
     through 2000, the Secretary may, in carrying out the program 
     established under this subsection--
       ``(A) enter into contracts of not more than 20 years;
       ``(B) with the consent of the owner or operator, modify a 
     contract entered into under this subchapter prior to the date 
     of enactment of this paragraph to include land that meets the 
     eligibility criteria of paragraph (2); and
     
[[Page S8553]]

       ``(C) extend a contract entered into or modified under this 
     subchapter with respect to land that meets the eligibility 
     criteria of paragraph (2) for a period of not more than 20 
     years.
       ``(4) Priority for enrollment of eligible lands.--In 
     enrolling lands under the program established under this 
     subchapter, the Secretary shall--
       ``(A) give priority to land that meets the eligibility 
     criteria of paragraph (2); and
       ``(B) to the extent practicable, ensure that at least 20 
     percent of enrolled lands in conservation priority areas 
     designated under subsection (f) meets the eligibility 
     criteria of paragraph (2).
       ``(5) Technical assistance.--Through the Natural Resources 
     Conservation Service and the Forest Service, in cooperation 
     with States that contain conservation priority areas 
     designated under subsection (f), the Secretary shall provide 
     technical assistance for the design, establishment, and 
     maintenance of riparian forest buffers.
       ``(6) Cost-share assistance.--Notwithstanding any other 
     provision of this title, the Secretary may pay not more than 
     100 percent of the cost of the design, establishment, and 
     short-term maintenance of riparian forest buffers consisting 
     of trees, shrubs, or other vegetation under the program 
     established under this subchapter.
       ``(7) Selective harvest.--Notwithstanding any other 
     provision of this title, an owner or operator participating 
     in the program established under this subsection, with the 
     prior approval of the Secretary, may selectively harvest 
     mature timber if the harvest would not prevent accomplishment 
     of the objectives of this subchapter.''.
                                                                    ____


                                 S. 936

       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 ``Chesapeake Bay Restoration 
     Act of 1995''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Chesapeake Bay is a national treasure and a 
     resource of worldwide significance;
       (2) in recent years, the productivity and water quality of 
     the Chesapeake Bay and the tributaries of the Bay have been 
     diminished by pollution, excessive sedimentation, shoreline 
     erosion, the impacts of growth and development of population 
     in the Chesapeake Bay watershed, and other factors;
       (3) the Federal Government, State governments, the District 
     of Columbia and the governments of political subdivisions of 
     the States with jurisdiction over the Chesapeake Bay 
     watershed have committed to a comprehensive and cooperative 
     program to achieve improved water quality and improvements in 
     the productivity of living resources of the Bay;
       (4) the cooperative program described in paragraph (3) 
     serves as a national model for the management of estuaries; 
     and
       (5) there is a need to expand Federal support for research, 
     monitoring, management, and restoration activities in the 
     Chesapeake Bay and the tributaries of the Bay in order to 
     meet and further the goals and commitments of the Chesapeake 
     Bay Program.
       (b) Purposes.--The purposes of this Act are to--
       (1) expand and strengthen the cooperative efforts to 
     restore and protect the Chesapeake Bay; and
       (2) achieve the goals embodied in the Chesapeake Bay 
     Agreement.

     SEC. 3. CHESAPEAKE BAY.

       Section 117 of the Federal Water Pollution Control Act (33 
     U.S.C. 1267) is amended to read as follows:


                            ``CHESAPEAKE BAY

       ``Sec. 117. (a) Definitions.--In this section:
       ``(1) Chesapeake bay agreement.--The term `Chesapeake Bay 
     Agreement' means the formal, voluntary agreements executed to 
     achieve the goal of restoring and protecting the Chesapeake 
     Bay ecosystem and the living resources of the ecosystem and 
     signed by the Governor of the State of Maryland, the Governor 
     of the Commonwealth of Pennsylvania, the Governor of the 
     Commonwealth of Virginia, the Mayor of the District of 
     Columbia, the chairman of the tri-State Chesapeake Bay 
     Commission, and the Administrator, on behalf of the executive 
     branch of the Federal Government.
       ``(2) Chesapeake bay program.--The term `Chesapeake Bay 
     Program' means the program directed by the Chesapeake 
     Executive Council in accordance with the Chesapeake Bay 
     Agreement.
       ``(3) Chesapeake bay watershed.--The term `Chesapeake Bay 
     watershed' shall have the meaning determined by the 
     Administrator.
       ``(4) Chesapeake executive council.--The term `Chesapeake 
     Executive Council' means the signatories to the Chesapeake 
     Bay Agreement.
       ``(5) Signatory jurisdiction.--The term `signatory 
     jurisdiction' means a jurisdiction of a signatory to the 
     Chesapeake Bay Agreement.
       ``(b) Continuation of Chesapeake Bay Program.--
       ``(1) In general.--In cooperation with the Chesapeake 
     Executive Council (and as a member of the Council), the 
     Administrator shall continue the Chesapeake Bay Program.
       ``(2) Program office.--The Administrator shall maintain in 
     the Environmental Protection Agency a Chesapeake Bay Program 
     Office. The Chesapeake Bay Program Office shall provide 
     support to the Chesapeake Executive Council by--
       ``(A) implementing and coordinating science, research, 
     modeling, support services, monitoring, and data collection 
     activities that support the Chesapeake Bay Program;
       ``(B) making available, through publications, technical 
     assistance, and other appropriate means, information 
     pertaining to the environmental quality and living resources 
     of the Chesapeake Bay Program;
       ``(C) in cooperation with appropriate Federal, State, and 
     local authorities, assisting the signatories to the 
     Chesapeake Bay Agreement that participate in the Chesapeake 
     Bay Program in developing and implementing specific action 
     plans to carry out the responsibilities of the authorities 
     under the Chesapeake Bay Agreement;
       ``(D) assisting the Administrator in coordinating the 
     actions of the Environmental Protection Agency with the 
     actions of the appropriate officials of other Federal 
     agencies and State and local authorities in developing 
     strategies to--
       ``(i) improve the water quality and living resources of the 
     Chesapeake Bay; and
       ``(ii) obtain the support of the appropriate officials of 
     the agencies and authorities in achieving the objectives of 
     the Chesapeake Bay Agreement; and
       ``(E) implementing outreach programs for public 
     information, education, and participation to foster 
     stewardship of the resources of the Chesapeake Bay.
       ``(3) Interagency cooperation and coordination.--
       ``(A) In general.--There is established a Chesapeake Bay 
     Federal Agencies Committee (referred to in this paragraph as 
     the `Committee'). The purposes of the Committee shall be to--
       ``(i) facilitate collaboration, cooperation, and 
     coordination among Federal agencies and programs of Federal 
     agencies in support of the restoration of the Chesapeake Bay;
       ``(ii) ensure the integration of Federal activities 
     relating to the restoration of the Chesapeake Bay with State 
     and local restoration activities, and the restoration 
     activities of nongovernmental entities; and
       ``(iii) provide a framework for activities that effectively 
     focus the expertise and resources of Federal agencies on 
     problems identified by the Committee in such manner as to 
     produce demonstrable environmental results and demonstrable 
     improvements in programs of Federal agencies.
       ``(B) Duties of the committee.--The Committee shall share 
     information, set priorities, and develop and implement plans, 
     programs, and projects for collaborative activities to carry 
     out the following duties:
       ``(i) Reviewing all Federal research, monitoring, 
     regulatory, planning, educational, financial, and technical 
     assistance, and other programs that the Committee determines 
     to be appropriate, that relate to the maintenance, 
     restoration, preservation, or enhancement of the 
     environmental quality and natural resources of the Chesapeake 
     Bay.
       ``(ii) Reviewing each Federal program administered by the 
     head of each participating Federal agency that may influence 
     or contribute to point and nonpoint source pollution and 
     establishing a means for the mitigation of any potential 
     impacts of the pollution.
       ``(iii) Developing and implementing an annual and long-
     range work program that specifies the responsibilities of 
     each Federal agency in meeting commitments and goals of the 
     Chesapeake Bay Agreement.
       ``(iv) Assessing priority needs and making recommendations 
     to the Chesapeake Executive Council for improved 
     environmental and living resources management of the 
     Chesapeake Bay ecosystem.
       ``(C) Appointment of members.--The members of the Committee 
     shall be appointed as follows:
       ``(i) At least 1 member who is an employee of the 
     Environmental Protection Agency shall be appointed by the 
     Administrator.
       ``(ii) At least 1 member who is an employee of the National 
     Oceanic and Atmospheric Administration of the Department of 
     Commerce shall be appointed by the Secretary of Commerce.
       ``(iii) At least 3 members shall be appointed by the 
     Secretary of the Interior, of whom--

       ``(I) 1 member shall be an employee of the United States 
     Fish and Wildlife Service;
       ``(II) 1 member shall be an employee of the National Park 
     Service; and
       ``(III) 1 member shall be an employee of the United States 
     Geological Survey.

       ``(iv) At least 4 members shall be appointed by the 
     Secretary of Agriculture, of whom--

       ``(I) 1 member shall be an employee of the Natural 
     Resources Conservation Service;
       ``(II) 1 member shall be an employee of the Forest Service;
       ``(III) 1 member shall be an employee of the Consolidated 
     Farm Service Agency; and
       ``(IV) 1 member shall be an employee of the Cooperative 
     State Research, Education, and Extension Service.

       ``(v) At least 3 members shall be appointed by the 
     Secretary of Defense, of whom--

       ``(I) at least 2 members shall be employees of the 
     Department of the Army, of whom 1 member shall be an employee 
     of the Army Corps of Engineers; and
       ``(II) 1 member shall be an employee of the Department of 
     the Navy.

       ``(vi) At least 1 member who is an employee of the Federal 
     Highway Administration shall be appointed by the Secretary of 
     Transportation. 
     
[[Page S8554]]

       ``(vii) At least 1 member who is an employee of the Coast 
     Guard shall be appointed by the head of the department in 
     which the Coast Guard is operating.
       ``(viii) At least 1 member shall be appointed by the 
     Secretary of Housing and Urban Development.
       ``(ix) At least 1 member shall be appointed by Board of 
     Regents of the Smithsonian Institution.
       ``(D) Chairperson.--The Committee shall, at the initial 
     meeting of the Committee, and biennially thereafter, select a 
     Chairperson from among the members of the Committee.
       ``(E) Procedures.--The Committee may establish such rules 
     and procedures (including rules and procedures relating to 
     the internal structure and function of the Committee) as the 
     Committee determines to be necessary to best fulfill the 
     responsibilities of the Committee.
       ``(F) Meetings.--The initial meeting of the Committee shall 
     be not later than 60 days after the date of enactment of this 
     subparagraph. Subsequent meetings shall be held on a regular 
     basis at the call of the Chairperson.
       ``(c) Reports.--The Committee shall prepare and submit to 
     the President a report to be submitted to Congress that 
     identifies--
       ``(1) the activities that have been carried out or are 
     being undertaken to carry out the responsibilities of the 
     Federal agency under this section or that are otherwise 
     required under the Chesapeake Bay Program;
       ``(2) planned activities to carry out the responsibilities 
     referred to in paragraph (1); and
       ``(3) the resources provided by the Federal agency to meet 
     the responsibilities of the agency under this section and 
     under the Chesapeake Bay Program.
       ``(d) Interstate Development Plan Grants.--
       ``(1) Authority.--The Administrator shall, at the request 
     of the Governor of a State affected by the interstate 
     management plan developed pursuant to the Chesapeake Bay 
     Program (referred to in this subsection as the `plan'), make 
     a grant for the purpose of implementing the management 
     mechanisms contained in the plan if the State has, within 1 
     year after the date of enactment of the Chesapeake Bay 
     Restoration Act of 1995, approved and committed to implement 
     all or substantially all aspects of the plan. The grants 
     shall be made subject to such terms and conditions as the 
     Administrator considers appropriate.
       ``(2) Submission of proposal.--A State or combination of 
     States may apply for the benefits provided under this 
     subsection by submitting to the Administrator a comprehensive 
     proposal to implement management mechanisms contained in the 
     plan, which shall include--
       ``(A) a description of proposed abatement actions that the 
     State or combination of States commits to take within a 
     specified time period to reduce pollution in the Chesapeake 
     Bay and to meet applicable water quality standards; and
       ``(B) the estimated cost of the abatement actions proposed 
     to be taken during the next fiscal year.

     If the Administrator finds that the proposal is consistent 
     with the plan and the national policies set forth in section 
     101(a), the Administrator shall approve the proposal.
       ``(3) Federal share.--For any fiscal year, the amount of 
     grants made under this subsection shall not exceed 50 percent 
     of the costs of implementing the management mechanisms 
     contained in the plan during the fiscal year and shall be 
     made on the condition that non-Federal sources provide the 
     remainder of the cost of implementing the management 
     mechanisms contained in the plan during the fiscal year.
       ``(4) Administrative costs.--Administrative costs in the 
     form of salaries, overhead, or indirect costs for services 
     provided and charged against programs or projects supported 
     by funds made available under this subsection shall not 
     exceed in any 1 fiscal year an amount equal to 10 percent of 
     the annual Federal grant made to a State under this 
     subsection.
       ``(e) Compliance by Federal Facilities.--
       ``(1) Assessment.--Not later than 1 year after the date of 
     enactment of this subsection, and annually thereafter, the 
     head of each Federal agency that owns or operates a facility 
     (as defined by the Administrator) within the Chesapeake Bay 
     watershed shall perform an assessment of the facility for the 
     purpose of ensuring consistency and compliance with the 
     commitments, goals, and objectives of the Chesapeake Bay 
     Program and the enforceable requirements of this Act.
       ``(2) Contents of assessments.--The assessment referred to 
     in paragraph (1) shall identify any then existing or 
     potential impact on the water quality or living resources of 
     the Chesapeake Bay (or both) by the facility, including any 
     potential land-use impacts of activities related to new 
     development, man-made obstructions to fish passage, shoreline 
     erosion, and ground water and storm water runoff.
       ``(3) State plans and programs.--To the maximum extent 
     practicable, the head of each Federal agency that owns or 
     occupies real property in the Chesapeake Bay watershed shall 
     ensure conformance with any applicable State plan or program 
     to protect environmentally sensitive areas in the Chesapeake 
     Bay watershed.
       ``(4) Report requirements.--As part of each report required 
     under subsection (c)(3), the head of each Federal agency 
     shall include a detailed plan, funding mechanism, and 
     schedule for ensuring compliance with this Act and addressing 
     or mitigating the impacts referred to in paragraph (2).
       ``(f) Habitat Restoration and Enhancement Demonstration 
     Program.--
       ``(1) Establishment of program.--The Administrator, in 
     cooperation with the heads of other appropriate Federal 
     agencies, agencies of States, and political subdivisions of 
     States, shall establish a habitat restoration program in the 
     Chesapeake Bay watershed. The purpose of the program shall be 
     to develop and demonstrate cost-effective techniques for 
     restoring or enhancing wetlands, forest riparian zones, and 
     other types of habitat associated with the Chesapeake Bay and 
     the tributaries of the Chesapeake Bay.
       ``(2) Criteria for identification of areas for habitat 
     restoration.--Not later than 1 year after the date of 
     enactment of this subsection, the Administrator, in 
     consultation with the Chesapeake Executive Council, shall 
     develop criteria to identify areas for habitat restoration, 
     including--
       ``(A) unique, significant, or representative habitat types;
       ``(B) areas that are subject to, or threatened by, habitat 
     loss or habitat degradation (or both) attributable to human 
     or natural causes; and
       ``(C) areas inhabited by endangered, threatened, or rare 
     species, neotropical migratory birds, or species that have a 
     unique function within the Chesapeake Bay ecosystem.
       ``(3) Plan.--Not later than 2 years after the date of 
     enactment of this subsection, the Administrator, in 
     consultation with the Chesapeake Executive Council, shall 
     develop a plan for the restoration of wetlands, contiguous 
     riparian forests, and other habitats within the Chesapeake 
     Bay watershed.
       ``(4) Duties of the administrator.--In carrying out the 
     demonstration program under this subsection, the 
     Administrator, in consultation with the Chesapeake Executive 
     Council, shall--
       ``(A) identify opportunities for the restoration of major 
     habitat resources in the Chesapeake Bay watershed;
       ``(B) characterize the importance of the habitat resources 
     identified pursuant to subparagraph (A) to the health and 
     functioning of the Chesapeake Bay ecosystem;
       ``(C) conduct a prerestoration characterization assessment 
     of each habitat resource identified pursuant to subparagraph 
     (A) to evaluate with respect to the habitat resource--
       ``(i) the potential effectiveness of a restoration effort;
       ``(ii) enhancement options; and
       ``(iii) the cost-effectiveness of each effort or option 
     referred to in clauses (i) and (ii);
       ``(D) consider the degree to which restored and enhanced 
     habitats may--
       ``(i) mitigate the effects of nutrient loading caused by 
     nonpoint source pollution from developed areas and 
     agricultural activities;
       ``(ii) reduce erosion and mitigate flood damage; and
       ``(iii) assist in the protection or recovery of living 
     resources;
       ``(E) ensure coordination with all then existing 
     management, regulatory, and incentive programs;
       ``(F) implement habitat restoration projects on a 
     demonstration basis, including submerged aquatic vegetation 
     plantings, breakwaters, forest buffer strips, and artificial 
     wetlands;
       ``(G) monitor and evaluate the effectiveness of the 
     demonstration projects;
       ``(H) establish and maintain a central clearinghouse to 
     facilitate access to information related to habitat of the 
     Chesapeake Bay watershed, including information relating to 
     habitat location, type, acreage, function, condition and 
     status, and restoration and design techniques and trends 
     related to the information; and
       ``(I) develop and carry out educational programs (including 
     training programs), research programs, and programs for 
     technical assistance to assist in the efforts of State and 
     local governments and private citizens related to habitat 
     restoration and enhancement.
       ``(5) Assistance.--
       ``(A) In general.--In carrying out the demonstration 
     program under this subsection, the Administrator is 
     authorized to provide, in cooperation with the Chesapeake 
     Executive Council, technical assistance and financial 
     assistance in the form of a grant to any State government, 
     interstate entity, local government, or any other public or 
     nonprofit private agency that submits an approved 
     application.
       ``(B) Federal share of grants.--The Federal share of the 
     amount of any grant awarded under this subsection shall be--
       ``(i) with respect to a project conducted by the grant 
     recipient on land owned or leased by the Federal Government, 
     100 percent of the cost of the activities that are the 
     subject of the grant; and
       ``(ii) with respect to a project conducted by the grant 
     recipient on land that is not owned or leased by the Federal 
     Government, 75 percent of the cost of the activities that are 
     the subject of the grant.
       ``(C) Federal share of projects.--The Federal share of any 
     project conducted by the Administrator under this subsection 
     shall be--
       ``(i) with respect to a project conducted on land owned or 
     leased by the Federal Government, 100 percent of the cost of 
     the activities that are the subject of the project; and
       ``(ii) with respect to a project conducted on land that is 
     not owned or leased by the Federal Government, 75 percent of 
     the cost of 

[[Page S8555]]
     the activities that are the subject of the project.
       ``(6) Habitat protection and restoration progress 
     assessment.--Not later than 3 years after the date of 
     enactment of this subsection, and biennially thereafter, the 
     Administrator shall submit a report to Congress concerning 
     the results of the demonstration projects conducted under the 
     habitat restoration demonstration program described in 
     paragraph (1). The report shall also include a summary of 
     scientific information concerning habitat restoration and 
     protection in existence at the time of preparation of the 
     report, and a description of methods, procedures, and 
     processes to assist State and local governments and other 
     interested entities in carrying out projects for the 
     protection and restoration of habitat that the Administrator 
     determines to be appropriate.
       ``(g) Basinwide Toxics Reduction.--
       ``(1) In general.--The Administrator, in cooperation with 
     the Chesapeake Executive Council, shall develop a 
     comprehensive basinwide toxics reduction strategy (referred 
     to in this subsection as the `Strategy'). The Strategy shall, 
     with respect to inputs of toxic pollutants to the Chesapeake 
     Bay and the tributaries of the Bay, establish basinwide 
     reduction objectives and describe actions that are necessary 
     to achieve a multijurisdictional approach to the reduction of 
     the inputs.
       ``(2) Research and monitoring.--The Administrator shall 
     undertake such research and monitoring activities as the 
     Administrator determines to be necessary for the improvement 
     of the understanding of intermedia transfers of toxic 
     pollutants and the ultimate fate of the pollutants within the 
     Chesapeake Bay ecosystem.
       ``(3) Elements of strategy.--The Strategy shall include a 
     process to assist signatory jurisdictions with--
       ``(A) improving the identification of the sources and 
     transport mechanisms of toxic pollutant loadings to the 
     Chesapeake Bay and the tributaries of the Bay from point and 
     nonpoint sources; and
       ``(B) the periodic integration, in a consistent format and 
     manner, of the information obtained pursuant to subparagraph 
     (A) into a toxics loading inventory for the Chesapeake Bay.
       ``(4) Deadline for completion of strategy.--The Strategy 
     shall be completed not later than 2 years after the date of 
     enactment of this subsection.
       ``(5) Federal assistance.--The Administrator, in 
     cooperation with the Chesapeake Executive Council, shall 
     provide such financial and technical assistance as the 
     Administrator determines to be necessary to--
       ``(A) by not later than 1 year after the date of enactment 
     of this subsection, develop a process to assist signatory 
     jurisdictions--
       ``(i) with improving the identification of the sources and 
     transport mechanisms of toxic pollutant loadings to the 
     Chesapeake Bay and the tributaries of the Bay from point and 
     nonpoint sources; and
       ``(ii) with the periodic integration, in a consistent 
     format and manner, of the information obtained pursuant to 
     clause (i) into a toxics loading inventory for the Chesapeake 
     Bay maintained pursuant to the Chesapeake Bay Program 
     (referred to in this subsection as the `Chesapeake Bay 
     Program Toxics Loading Inventory'); and
       ``(B) by not later than 2 years after the date of enactment 
     of this subsection, commence the implementation of toxics 
     reduction, pollution prevention, and management actions 
     designed to achieve the toxics reduction goals of the 
     Chesapeake Bay Agreement.
       ``(6) Actions.--The toxics reduction, pollution prevention, 
     and management actions referred to in paragraph (5)(B) 
     shall--
       ``(A) be based upon the findings and recommendations of a 
     reevaluation of the Strategy; and
       ``(B) include targeted demonstration projects designed to 
     reduce the level of toxic pollutant loadings from major 
     sources identified in the Chesapeake Bay Program Toxics 
     Loading Inventory.
       ``(h) Chesapeake Bay Watershed, Tributary, and River Basin 
     Program.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Administrator, in 
     cooperation with the Chesapeake Executive Council, the 
     Secretary of Commerce (acting through the Administrator of 
     the National Oceanic and Atmospheric Administration), the 
     Secretary of the Interior (acting through the Director of the 
     United States Fish and Wildlife Service), and the heads of 
     such other Federal agencies as the Administrator determines 
     to be appropriate, shall implement a coordinated research, 
     monitoring, and data collection program to--
       ``(A) assess the status of, and trends in, the 
     environmental quality and living resources of the major 
     tributaries, rivers, and streams within the Chesapeake Bay 
     watershed; and
       ``(B) assist in the development of management plans for the 
     waters referred to in subparagraph (A).
       ``(2) Contents of program.--The program referred to in 
     paragraph (1) shall include--
       ``(A) a comprehensive inventory of water quality and living 
     resource data for waters within the Chesapeake Bay watershed;
       ``(B) an assessment of major issues and problems concerning 
     water quality in the Chesapeake Bay watershed, including the 
     extent to which the waters provide for the protection and 
     propagation of a balanced indigenous population of fish, 
     shellfish, and wildlife;
       ``(C) a program to identify sources of water pollution 
     within the Chesapeake Bay watershed, including a system of 
     accounting for sources of nutrients, and the movement of 
     nutrients, pollutants, and sediments through the Chesapeake 
     Bay watershed; and
       ``(D) the development of a coordinated Chesapeake Bay 
     watershed land-use database that incorporates resource 
     inventories and analyses for the evaluation of the effects of 
     different land-use patterns on hydrological cycles, water 
     quality, living resources, and other environmental features 
     as an aid to making sound land-use management decisions.
       ``(3) Management strategies.--In a manner consistent with 
     each applicable deadline established by the Chesapeake 
     Executive Council, the Administrator, in consultation with 
     the Chesapeake Executive Council, shall assist each signatory 
     jurisdiction of the Chesapeake Bay Council in the development 
     and implementation of a management strategy for each of the 
     major tributaries of the Chesapeake Bay, designed for the 
     achievement of--
       ``(A) a reduction, in a manner consistent with the terms of 
     the Chesapeake Bay Agreement, in the quantity of nitrogen and 
     phosphorous entering the main stem Chesapeake Bay; and
       ``(B) the water quality requirements necessary to restore 
     living resources in both the tributaries and the main stem of 
     the Chesapeake Bay.
       ``(4) Assistance.--
       ``(A) In general.--The Administrator, in consultation with 
     the Chesapeake Executive Council, is authorized to provide 
     technical and financial assistance to any State government, 
     interstate entity, local government, or any other public or 
     nonprofit private agency, institution, or organization in the 
     Chesapeake Bay watershed to--
       ``(i) support the research, monitoring, and data collection 
     program under this subsection;
       ``(ii) develop and implement cooperative tributary basin 
     strategies that address the water quality and living resource 
     needs; and
       ``(iii) encourage and coordinate locally based public and 
     private watershed protection and restoration efforts that aid 
     in the development and implementation of programs that 
     complement the tributary basin strategies developed by the 
     Chesapeake Executive Council.
       ``(B) Grants.--
       ``(i) In general.--In providing financial assistance 
     pursuant to subparagraph (A), the Administrator may carry out 
     a grant program. Under the grant program, the Administrator 
     may award a grant to any person (including the government of 
     a State) who submits an application that is approved by the 
     Administrator.
       ``(ii) Federal share.--A grant awarded under this 
     subsection for a fiscal year shall not exceed an amount equal 
     to 75 percent of the total annual cost of carrying out the 
     activities that are the subject of the grant, and be awarded 
     on the condition that the non-Federal share of the costs of 
     the activities referred to in clause (i) is paid from non-
     Federal sources.
       ``(iii) Watershed protection and restoration.--As part of 
     the grant program authorized under this paragraph, the 
     Administrator may award a grant to a signatory jurisdiction 
     to implement a program referred to in subparagraph (A)(iii).
       ``(C) Prioritization.--In carrying out the technical and 
     financial assistance program under this subsection, the 
     Administrator shall give priority to proposals that 
     facilitate the participation of local governments and 
     entities of the private sector in efforts to improve water 
     quality and the productivity of living resources of rivers 
     and streams in the Chesapeake Bay watershed.
       ``(D) Coordination with other federal programs.--The 
     Administrator shall ensure that assistance made available 
     under this subsection--
       ``(i) is consistent with the requirements of other Federal 
     financial assistance programs;
       ``(ii) is provided in coordination with the programs 
     referred to in subparagraph (A); and
       ``(iii) furthers the objectives of the Chesapeake Bay 
     Program.
       ``(i) Study of Chesapeake Bay Program.--Not later than 
     January 1, 1997, the Administrator, in cooperation with the 
     Chesapeake Bay Executive Council, shall complete a study and 
     submit a comprehensive report to Congress on the results of 
     the study. The study and report shall, at a minimum--
       ``(1) evaluate the implementation of the Chesapeake Bay 
     Agreement, including activities of the Federal Government and 
     State and local governments;
       ``(2) determine whether Federal environmental programs and 
     other activities adequately address the priority needs 
     identified in the Chesapeake Bay Agreement;
       ``(3) assess the priority needs required by the Chesapeake 
     Bay Program management strategies and how the priorities are 
     being met; and
       ``(4) make recommendations for the improved management of 
     the Chesapeake Bay Program.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Environmental Protection 
     Agency to carry out this section $30,000,000 for each of 
     fiscal years 1996 through 2001.''.
                                                                    ____

                                  
[[Page S8556]]


                                 S. 937

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

     SECTION 1. AUTHORIZATIONS OF APPROPRIATIONS.

       Section 2 of the National Oceanic and Atmospheric 
     Administration Marine Fisheries Program Authorization Act 
     (Public Law 98-210; 97 Stat. 1409) is amended--
       (1) by striking subsection (e) and inserting the following 
     new subsection:
       ``(e) Chesapeake Bay Estuarine Resources Office.--
       ``(1) Operation of chesapeake bay estuarine resources 
     office.--Of the sums authorized under subsection (a), to 
     operate the Chesapeake Bay Estuarine Resources Office 
     established under section 307 of the National Oceanic and 
     Atmospheric Administration Authorization Act of 1992 (15 
     U.S.C. 1511d), there are authorized to be appropriated--
       ``(A) $2,500,000 for each of fiscal years 1996 and 1997; 
     and
       ``(B) $3,000,000 for each of fiscal years 1998 through 
     2000.
       ``(2) Funding for oyster disease investigations.--Of the 
     sums authorized under subsection (a), to fund a program of 
     investigations of oyster disease described in subsection (f), 
     there are authorized to be appropriated $3,000,000 for each 
     of fiscal years 1996 through 2000.
       ``(3) Administrative expenses.--Not more than 20 percent of 
     the amounts authorized to be appropriated under this 
     subsection may be used for administrative expenses of the 
     Chesapeake Bay Estuarine Resources Office.''; and
       (2) by adding at the end the following new subsection:
       ``(f) Oyster Disease Investigations.--The Chesapeake Bay 
     Estuarine Resources Office established under section 307 of 
     the National Oceanic and Atmospheric Administration 
     Authorization Act of 1992 (15 U.S.C. 1511d) shall conduct a 
     program of investigations to--
       ``(1) improve the understanding of the etiology of the 
     diseases of the eastern oyster (Crassostrea virginica); and
       ``(2) provide new scientific and management tools to 
     counteract the consequences of diseases of oysters in the 
     coastal waters of the United States, with particular emphasis 
     on diseases of oysters in the Chesapeake Bay.''.

     SEC. 2. AUTHORITIES OF THE DIRECTOR OF THE CHESAPEAKE BAY 
                   ESTUARINE RESOURCES OFFICE.

       Section 307(a) of the National Oceanic and Atmospheric 
     Administration Act of 1992 (15 U.S.C. 1511d(a)) is amended--
       (1) in paragraph (1), by inserting ``and operate'' after 
     ``establish''; and
       (2) by striking paragraph (3) and inserting the following 
     new paragraph:
       ``(3) To carry out this section, the Director may--
       ``(A) appoint such additional personnel as may be 
     necessary; and
       ``(B) transfer funds to another Federal department or 
     agency or provide financial assistance to a department or 
     agency of a State or political subdivision thereof or a 
     nonprofit organization for conducting research, assessment, 
     monitoring, data management, or outreach activities.''.
                                                                    ____


                                 S. 938

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

     SECTION 1. SHORT TITLE; REFERENCES.

       (a) Short title.--This Act may be cited as the ``Chesapeake 
     Bay Ballast Water Management Act of 1995''.
       (b) References.--Whenever in this Act an amendment or 
     repeal is expressed in terms of an amendment to or repeal of 
     a section or other provision, the reference shall be 
     considered to be made to a section or other provision of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4701 et seq.).

     SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC NUISANCE 
                   PREVENTION AND CONTROL ACT OF 1990.

       (a) Aquatic Nuisance Species Control Program.--Section 1101 
     (16 U.S.C. 4711) is amended--
       (1) by striking the heading and inserting the following new 
     heading:

     ``SEC. 1101. AQUATIC NUISANCE SPECIES CONTROL PROGRAM.'';

       (2) by striking subsection (a) and inserting the following 
     new subsection:
       ``(a) Guidelines.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the Ballast Water Management Act of 1995, the 
     Secretary shall issue voluntary guidelines to prevent the 
     introduction and spread of aquatic nuisance species into the 
     waters of the United States that result from the release of 
     ballast water.
       ``(2) Contents of guidelines.--The guidelines issued under 
     this subsection shall--
       ``(A) ensure that, to the maximum extent practicable, 
     ballast water containing aquatic nuisance species is not 
     discharged into the waters of the United States;
       ``(B) take into consideration--
       ``(i) variations in the ecological conditions of coastal 
     waters of the United States; and
       ``(ii) different vessel operating conditions;
       ``(C) not jeopardize the safety of--
       ``(i) any vessel; or
       ``(ii) the crew and passengers of any vessel;
       ``(D) provide for reporting by vessels concerning ballast 
     water practices; and
       ``(E) be based on the best scientific information 
     available.'';
       (3) in subsection (b)--
       (A) by striking the paragraph (3) added by section 
     302(b)(1) of the Water Resources Development Act of 1992 (106 
     Stat. 4839); and
       (B) in the paragraph (3) added by section 4002 of the 
     Oceans Act of 1992 (106 Stat. 5068)--
       (i) by striking ``issue'' and inserting ``promulgate''; and
       (ii) by adding at the end the following: ``Subject to the 
     requirements of this subsection, the Secretary shall, on a 
     periodic basis, promulgate such revised regulations as are 
     necessary to ensure the prevention of the introduction and 
     spread of aquatic nuisance species into the Hudson River.'';
       (4) in subsection (c)--
       (A) by striking ``subsection (b)'' and inserting ``this 
     subsection''; and
       (B) by striking ``(c) Civil Penalties.--'' and inserting 
     the following:
       ``(4) Civil penalties.--'';
       (5) in subsection (d)--
       (A) by striking ``subsection (b)'' and inserting ``this 
     subsection''; and
       (B) by striking ``(d) Criminal Penalties.--'' and inserting 
     the following:
       ``(5) Criminal penalties.--'';
       (6) in subsection (e), by striking ``(e) Consultation With 
     Canada.--'' and inserting the following:
       ``(6) Consultation with canada.--'';
       (7) in subsection (b), by striking ``(b) Authority of 
     Secretary.--(1)'' and inserting the following:
       ``(d) Great Lakes.--
       ``(1) In general.--'';
       (8) in subsection (d) (as redesignated by paragraph (7) of 
     this subsection)--
       (A) in paragraph (1)--
       (i) by striking ``issue'' and inserting ``promulgate''; and
       (ii) by adding at the end the following: ``Subject to the 
     requirements of this subsection, the Secretary shall, on a 
     periodic basis, promulgate such revised regulations as are 
     necessary to ensure the prevention of the introduction and 
     spread of aquatic nuisance species into the Great Lakes.'';
       (B) in paragraph (2)--
       (i) by striking ``(2) The regulations issued under this 
     subsection shall--'' and inserting the following:
       ``(2) Requirements for regulations.--The regulations 
     promulgated under this subsection shall--'';
       (ii) by indenting subparagraphs (A) through (I) 
     appropriately; and
       (iii) in subparagraph (A), by striking ``require'' and 
     inserting ``cover''; and
       (C) in paragraph (6) (as redesignated by paragraph (6) of 
     this subsection), by striking ``the guidelines and 
     regulations'' and inserting ``the regulations promulgated 
     under this subsection''; and
       (9) by inserting after subsection (a) the following new 
     subsections:
       ``(b) Education and Technical Assistance.--At the same time 
     as the Secretary issues voluntary guidelines under subsection 
     (a), the Secretary shall implement multilingual (as defined 
     and determined by the Secretary) education and technical 
     assistance programs and other measures to encourage 
     compliance with the guidelines issued under this subsection. 
     To the extent practicable, in carrying out the programs 
     implemented under this subsection, the Secretary shall 
     arrange to use the expertise, facilities, members, or 
     personnel of established agencies and organizations that have 
     routine contact with vessels, including the Animal and Plant 
     Health Inspection Service of the Department of Agriculture, 
     port administrations, and ship pilots associations.
       ``(c) Report to Congress.--Not later than 3 years after the 
     issuance of guidelines under subsection (a), the Secretary 
     shall submit to the Congress a report concerning--
       ``(1) the effectiveness of the voluntary guidelines; and
       ``(2) the need for a mandatory program to prevent the 
     spread of aquatic nuisance species through the exchange of 
     ballast water.''.
       (b) Ballast Water Control Studies.--
       (1) Heading.--The heading of section 1102 (16 U.S.C. 4712) 
     is amended to read as follows:

     ``SEC. 1102. BALLAST WATER CONTROL STUDIES.''.

       (2) Additional studies.--Section 1102(a) (16 U.S.C. 
     4712(a)) is amended by adding at the end the following new 
     paragraphs:
       ``(4) Ballast release practices.--
       ``(A) Initial study.--Not later than the date of issuance 
     of the guidelines required under section 1101(a), the 
     Secretary shall conduct a study to determine trends in 
     ballast water releases in the Chesapeake Bay and other waters 
     of the United States that the Secretary determines to--
       ``(i) be highly susceptible to invasion from aquatic 
     nuisance species; and
       ``(ii) require further study.
       ``(B) Followup study.--Not later than 2 years after the 
     date of issuance of the guidelines required under section 
     1101(a), the Secretary shall conduct a followup study of the 
     ballast water releases described in subparagraph (A) to 
     determine the extent of compliance with the guidelines and 
     the effectiveness of the guidelines in reducing the 
     introduction and spread of aquatic nuisance species.
       ``(5) Aquatic nuisance invasions.--
       ``(A) Initial study.--Not later than the date of issuance 
     of the guidelines required under section 1101(a), the Task 
     Force shall conduct a study to examine the attributes and 
     patterns of invasions of aquatic nuisance species that occur 
     as a result of ballast 

[[Page S8557]]
     water releases in the Chesapeake Bay and other waters of the United 
     States that the Task Force determines to--
       ``(i) be highly susceptible to invasion from aquatic 
     nuisance species; and
       ``(ii) require further study.
       ``(B) Followup study.--Not later than 2 years after the 
     date of issuance of the guidelines required under section 
     1101(a), the Task Force shall conduct a followup study of the 
     attributes and patterns described in subparagraph (A) to 
     determine the effectiveness of the guidelines in reducing the 
     introduction and spread of aquatic nuisance species.''.
       (c) Naval Ballast Water Program.--Subtitle B (16 U.S.C. 
     4701 et seq.) is amended by adding at the end the following 
     new section:

     ``SEC. 1103. NAVAL BALLAST WATER PROGRAM.

       ``Subject to operational conditions, the Chief of Naval 
     Operations of the Department of the Navy, in consultation 
     with the Secretary, the Task Force, and the International 
     Maritime Organization, shall implement a ballast water 
     management program for the seagoing fleet of the Navy to 
     limit the risk of invasion by nonindigenous species resulting 
     from releases of ballast water.''.
       (d) Authorization of Appropriations.--Section 1301(a) (16 
     U.S.C. 4741(a)) is amended to read as follows:
       ``(a) Prevention of Unintentional Introductions.--There are 
     authorized to be appropriated to develop and implement the 
     provisions of subtitle B--
       ``(1) $500,000 to the department in which the Coast Guard 
     is operating, for the period beginning with fiscal year 1996 
     and ending with fiscal year 2000, to be used by the Secretary 
     to carry out the study under section 1102(a)(4);
       ``(2) $2,000,000 to the Task Force, for the period 
     beginning with fiscal year 1996 and ending with fiscal year 
     2000, to be used by the Director and the Under Secretary (as 
     co-chairpersons of the Task Force) to carry out the study 
     under section 1102(a)(5); and
       ``(3) $1,250,000 to the department in which the Coast Guard 
     is operating, for each of fiscal years 1996 through 2000, to 
     be used by the Secretary for the development and 
     implementation of the guidelines issued under section 1101(a) 
     and the implementation and enforcement of the regulations 
     promulgated under section 1101(d).''.
                                                                    ____


  Chesapeake Bay Restoration Act of 1995--Section-by-Section Analysis


                         section 1. short title

       Establishes the title of the bill as the ``Chesapeake Bay 
     Restoration Act of 1995.''


                    section 2. findings and purpose

       States that the purpose of the Act is to expand and 
     strengthen the cooperative efforts to restore and protect the 
     Chesapeake Bay and to achieve the goals embodied in the 
     Chesapeake Bay Agreement.


                       section 3. chesapeake bay

                              Definitions

       Defines the terms, ``Chesapeake Bay Agreement,'' 
     ``Chesapeake Bay Program,'' ``Chesapeake Bay Watershed,'' 
     ``Chesapeake Executive Council,'' and ``Signatory 
     Jurisdiction.

                 Continuation of Chesapeake Bay Program

       Provides authority for EPA to lead and coordinate federal 
     agency participation in the Chesapeake Bay Program, in 
     cooperation with the Chesapeake Executive Council, and to 
     maintain a Chesapeake Bay Program Office.
       Directs the Chesapeake Bay Program Office to provide 
     support and coordinate federal, state and local efforts in 
     developing strategies and action plans and conducting system-
     wide monitoring and assessment to improve the water quality 
     and living resources of the Bay.
       Establishes a ``Chesapeake Bay Federal Agencies Committee'' 
     to facilitate collaboration, cooperation and coordination 
     among the agencies and programs of the federal government in 
     support of the restoration of Chesapeake Bay.
       Directs the committee to provide to the Congress a report 
     on the activities being undertaken and planned and the 
     resources being provided to assist in the Bay restoration 
     effort.

                   Interstate development plan grants

       Directs the Administrator to continue to make grants to 
     states affected by the interstate management plan developed 
     under the Chesapeake Bay Program if the state has approved 
     and committed to implement the plan.

                     Federal facilities compliance

       Requires each department, agency or instrumentality of the 
     United States which owns or operates facilities within the 
     Bay watershed to perform an annual assessment of their 
     facilities to ensure consistency and compliance with the 
     commitments, goals and objectives of the Bay program. Also 
     requires the agencies to develop a detailed plan, funding 
     mechanism and schedule for addressing or mitigating any 
     potential impacts.

       Habitat Restoration and Enhancement Demonstration Program

       Establishes a habitat restoration and enhancement 
     demonstration program to develop, demonstrate and showcase 
     various low-cost techniques for restoring or enhancing 
     wetlands, forest riparian zones and other types of habitat 
     associated with the Chesapeake Bay and its tributaries.
       Directs the Administrator, in cooperation with the 
     Chesapeake Executive Council, to develop a plan for the 
     protection and conservation of wetlands, contiguous riparian 
     forests and other habitats within the Bay watershed, within 
     two years from the date of enactment of the act.
       Establishes a central clearinghouse to facilitate access to 
     information about Bay watershed habitat locations, types, 
     acreages, status and trends and restoration and design 
     techniques.
       Directs the Administrator to publish and disseminate on a 
     periodic basis a habitat protection and restoration report 
     describing methods, procedures and processes to guide State 
     and local efforts in the protection and restoration of 
     various types of habitat.

                       Basinwide toxics reduction

       Authorizes EPA to assist the States in the implementation 
     of specific actions to reduce toxics use and risks throughout 
     the Bay watershed. Directs the Administrator to assist the 
     States in improving data collection on the sources of toxic 
     pollutants entering the Bay and integrating this information 
     into the Chesapeake Bay Program Toxics Loading Inventory. 
     Also directs the Administrator to begin implementing toxics 
     reduction, pollution prevention and management actions, 
     including targeted demonstration projects, to achieve the 
     toxics reduction goals of the Bay Agreement.

      Chesapeake Bay Watershed, Tributary and River Basin Program

       Authorizes a comprehensive research, monitoring and data 
     collection program to assess the status and trends in the 
     environmental quality and living resources of the major 
     tributaries, rivers and streams within the Chesapeake Bay 
     watershed and to assist in the development of management 
     plans for such waters. Directs the establishment of a system 
     for accounting for sources of nutrients, and the movements of 
     nutrients, pollutants and sediments through the watershed.
       Provides for development of a coordinated Chesapeake Bay 
     watershed land-use database, incorporating resource 
     inventories and analyses, to provide information necessary to 
     plan for and manage growth and development and associated 
     impacts on the Bay system.
       Encourages local and private sector participation in 
     efforts to protect and restore the rivers and streams in the 
     Bay watershed by establishing a technical assistance and 
     small grants program.

               Study of Chesapeake Bay Protection Program

       Directs EPA to undertake an assessment of the Chesapeake 
     Bay Program and evaluate implementation of the Bay Agreement. 
     Also directs EPA to assess priority needs for the Bay and 
     make recommendations for improved management of the program.

                             Authorizations

       Authorizes $30 million for each of fiscal years 1996 
     through 2001 to be appropriated to the EPA to carry out the 
     act.
                                                                    ____


Chesapeake Bay Ballast Water Management Act of 1995--Section-by-Section 
                                Analysis


                         SECTION 1. SHORT TITLE

       Establishes the title of the bill as the ``Ballast 
     Management Act of 1995.''


 SECTION 2. AMENDMENT TO NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND 
                              CONTROL ACT

       Amends the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 by adding the following provisions:

                        Ballast water guidelines

       Directs the Secretary of Transportation, acting through the 
     Coast Guard, to develop and publicize voluntary ballast water 
     management guidelines for vessels entering U.S. waters, and 
     to create a reporting mechanism to assess participation.
       Not later than three years after the issuance of the 
     voluntary guidelines, the Secretary must submit a report to 
     Congress on the effectiveness of the guidelines and the need 
     for a mandatory program to prevent the spread of aquatic 
     nuisance species through ballast water.

                          Great Lakes Program

       Continues in effect the existing regulatory program 
     established by the Aquatic Nuisance Species Prevention and 
     Control Act, as amended, for the Great Lakes and Hudson 
     River.

                                Research

       Directs the Secretary and the Aquatic Nuisance Species Task 
     Force to undertake research to establish recent trends in 
     ballast water releases and to examine the attributes and 
     patterns of ballast-mediated invasions in the Chesapeake Bay 
     and other U.S. waters.
       These studies are to be conducted both prior to and two 
     years following the issuance of voluntary guidelines so that 
     the extent of compliance with the guidelines and the 
     effectiveness of the guidelines in reducing the introduction 
     and spread of aquatic nuisance species may be determined.

                             Naval Program

       Directs the Chief of Naval Operations to implement a 
     ballast water management program for the seagoing fleet of 
     the Navy.

                             Authorizations

       Authorizes a total of $2.5 million to the Coast Guard and 
     the Aquatic Nuisance Species Task Force for the conduct of 
     research required by the act.
       Authorizes $1.25 million to the Coast Guard for each of 
     fiscal years 1996 through 2000 for 

[[Page S8558]]
     the development and implementation of voluntary guidelines and the 
     implementation and enforcement of regulations in the Great 
     Lakes and Hudson River.
                                                                    ____


  Chesapeake Bay Estuarine Resources Act of 1995--Section-by-Section 
                                Analysis


               SECTION 1. AUTHORIZATION OF APPROPRIATIONS

       Reauthorizes the National Oceanic and Atmospheric 
     Administration's Chesapeake Bay Estuarine Resources Office 
     through the year 2000.
       Authorizes $3,000,000 for each fiscal year through 2000 for 
     investigations to improve understanding of oyster diseases 
     and provide new scientific and management tools to counteract 
     the consequences of oyster disease.


                 section 2. authorities of the director

       Clarifies the authority of the Office Director to establish 
     that the Office may provide financial assistance to federal, 
     state, and local governments as well as non-profit 
     organizations for the conduct of activities necessary to 
     carry out the act, including research, monitoring and data 
     management.
                                                                    ____


Chesapeake Bay Environmental Restoration and Protection Pilot Program--
                      Section-by-Section Analysis


                           section 1. program

       Instructs the Secretary of the Army to provide assistance 
     to non-federal interests in the form of design and 
     construction assistance for water-related infrastructure and 
     resource protection and development projects affecting the 
     Chesapeake Bay estuary. Such projects include sediment and 
     erosion control, protection of essential public works such as 
     wastewater treatment facilities, use of dredge material for 
     beneficial purposes such as habitat restoration, and other 
     projects that enhance the living resources of the estuary.
       Only publicly owned and operated projects qualify for 
     assistance. The Federal share of the cost of each such 
     projects shall be 75%.
       Directs the Secretary to establish at least one project in 
     each of the states of Maryland, Virginia and Pennsylvania.
       Authorizes $30,000,000 to carry out this section for fiscal 
     years 1996 through 1998, which amount shall remain available, 
     without regard to fiscal year, until expended.
                                                                    ____


  Riparian Forest Buffer Pilot Program Establishment Act--Section-by-
                            Section Analysis


                         section 1. short title

       Establishes the title of the Act as the ``Riparian Forest 
     Pilot Program Establishment Act.''


                section 2. riparian forest pilot program

                               In general

       Amends the Food Security Act Conservation Reserve Program 
     by directing the Secretary of Agriculture to establish a 
     program to promote the development of riparian forest buffers 
     in designated conservation priority areas for the purpose of 
     improving water quality and living resources in such areas.

                             Eligible lands

       Authorizes the Secretary to include in the program crop or 
     pasture land that, when converted to a forest buffer, will 
     intercept the flow of pollutants into surface or ground water 
     or accomplish specific objectives for terrestrial and aquatic 
     habitat identified by the Secretary.

           Duration, modification and extension of contracts

       Authorizes the Secretary to (1) enter into new contracts 
     with land owners or operators for the lease of eligible lands 
     for a period of up to 20 years, (2) modify existing contracts 
     to meet the program eligibility criteria, and (3) extend the 
     duration of existing or modified contracts meeting 
     eligibility criteria for a period of 20 years.

                           Duty of Secretary

       Directs the Secretary, in enrolling lands under the 
     Conservation Reserve Program, to give priority to those lands 
     that meet the criteria for the riparian buffer program, and 
     to ensure, to the extent practicable, that at least 20% of 
     enrolled lands in designated conservation priority areas meet 
     the eligibility criteria.

                          Technical assistance

       Directs the Secretary, acting through the Natural Resources 
     Conservation Service and the Forest Service, to provide 
     technical assistance for the design, establishment and 
     maintenance of forest buffers.

                         Cost share assistance

       Authorizes the Secretary to pay 100 percent of the cost for 
     the design, establishment and short-term maintenance of 
     riparian buffers.

                           Selective harvest

       Permits program participants to selectively harvest mature 
     timber with the approval of the Secretary, provided such 
     harvest does not defeat the purposes of the riparian forest 
     program.
                                 ______

      By Mr. LEAHY (for himself, Mr. Bradley, Mr. Graham, Mr. Daschle, 
        Mr. Simon, Mr. Inouye, Mr. Jeffords, Mr. Reid, Mr. Hatfield, 
        Mr. Ford, Mr. Harkin, Mr. Sarbanes, Mr. Feingold, Mr. Kohl, Mr. 
        Lautenberg, Mr. Dodd, Mr. Kerry, Mrs. Kassebaum, Ms. Moseley-
        Braun, Mr. Bumpers, Mr. Kennedy, Mrs. Boxer, Mr. Pell, Mr. 
        Chafee, Mr. Dorgan, Ms. Mikulski, Mr. Wellstone, Mr. Simpson, 
        Mrs. Murray, Mr. Rockefeller, Mr. Bryan, Mr. Moynihan, Mr. 
        Kerrey, Mrs. Feinstein, Mr. Akaka, Mr. Conrad, Mr. Johnston, 
        Mr. Pryor, Mr. Breaux, Mr. Exon, and Mr. Campbell):
  S. 940. A bill to support proposals to implement the U.S. goal of 
eventually eliminating antipersonnel landmines; to impose a moratorium 
on use of antipersonnel landmines except in limited circumstances; to 
provide for sanctions against foreign governments that export 
antipersonnel landmines, and for other purposes; to the Committee on 
Foreign Relations.


                  the 1995 Landmine Use Moratorium Act

  Mr. LEAHY. Mr. President, earlier today, I spoke of a worldwide 
scourge of landmines and the use of antipersonnel landmines. I noted 
that there have been few times in history when the nations of the world 
joined together to outlaw the use of a weapon of war.
  It was done with chemical and biological weapons, because it was 
understood that once they were unleashed, they could not be controlled. 
They maim or kill whoever comes in contact with them, and they do that 
whether it is civilians or combatants. In fact, if they are in the 
hands of terrorists, they could wreak havoc on whole societies. We had 
a terrifying glimpse of that in Japan a few months ago.
  Now, while chemical weapons are relatively easy to produce, the 
political cost of using them is enormous. There is worldwide revulsion 
if they are used, and any perpetrator is branded a war criminal, a 
pariah, and ostracized by the entire world community. And so we ban 
them.
  We did the same with dum dum bullets, which expand on contact with 
the human body and cause horrific injuries. They have been outlawed for 
a century.
  I mention this because every weapon may have some military utility, 
as do chemical weapons and dum dum bullets. Some have been repudiated 
as inhumane and a violation of the laws of war.
  That is what Civil War General Sherman that about landmines over a 
century ago. Sherman was no humanitarian, but he condemned landmines as 
``a violation of civilized warfare.'' It was in the Civil War that 
landmines--actually live artillery shells, were first concealed beneath 
the surface of roads, in houses, even concealed in flour barrels, where 
they maimed and killed soldiers and civilians alike. But even though 
Sherman and others condemned them, they have been used ever since in 
steadily increasing numbers.
  Today, vast areas of many countries have become deathtraps from 
millions of unexploded landmines. The State Department estimates that 
there are 80 to 110 million of these tiny explosives in 62 countries, 
each one waiting to explode from the pressure of a footstep.
  To give you an idea, Mr. President, this is a landmine in my hand. I 
am sure my colleagues know it is a deactivated landmine, but this is a 
landmine. It is tiny and costs $3 or $4 to produce. It is all rubber or 
plastic except for one tiny piece of metal about the size of a 
thumbtack. So it is nearly undetectable. If this had been real, in just 
touching it like this, my arm would be gone and most of my face would 
be gone. If you step on it, your leg is gone. If you are a child, you 
are probably killed. Children are killed daily on these. In fact, every 
day, it is estimated that 70 people are maimed or killed by landmines. 
That is one person every 22 minutes. That is 26,000 people every year. 
Most of them are not combatants. They are civilians going about their 
daily lives--bringing their animals to a field, collecting wood, or 
they are getting water, or going to market, or they are going to 
business. They are like Ken Rutherford, a humanitarian worker from 
Colorado, working with others in Africa.
  He hit a landmine. As he described it in his very painful and very 
graphic testimony before the Senate, he sat there holding his foot in 
his hand, trying to figure out how he could put it back on. Of course, 
he never did. And there was surgery after surgery. We watched him walk 
painfully to the 

[[Page S8559]]
table where he testified before the Senate.
  These pictures, Mr. President, behind me, tell a gruesome story. But, 
in a way, these are the lucky ones--lucky because they survived, but 
unlucky that they are in a country where they will face a lifetime of 
hardship.

  There are tens of thousands of people like them. Many others die, 
just from a lack of blood or from shock, before they can reach a 
hospital. In many of these countries the hospitals are overwhelmed.
  I do not have the slightest doubt, Mr. President, that any Member of 
the Senate, Republican or Democrat, could not see what I have seen 
without feeling as passionately as I do. Young children with their legs 
blown off at the knees, mothers with an arm or leg missing, hospital 
rows filled with rows of amputees. I have visited these hospitals.
  My wife, a registered nurse, has visited these hospitals. We know 
what they are like. Tim Rieser, from my staff, has traveled to all 
parts of the world to see what landmines have done.
  Senators Johnston and Specter, Senators Simpson and Nickles saw 
firsthand what mines can do when they visited a center for amputees in 
Vietnam. Most people have not been to Vietnam, Afghanistan, Cambodia, 
Bosnia, Angola, or Mozambique where mines have been a fact of daily 
life and, in most places, still are. There you see, over and over, the 
terrible human tragedy these insidious weapons cause.
  Civilians are not the only victims of landmines. They have become the 
scourge of the U.N. peacekeepers. An article in this week's issue of 
Defense Week is titled, ``If U.S. Troops Get the Call in Bosnia, Mines 
Will Pose Serious Threat.'' It says American troops sent to former 
Yugoslavia would have to combat an estimated 1.7 million mines in 
Bosnia alone. It says that mines have been used by all sides in that 
war to intimidate U.N. peacekeepers.
  We are called in there as the most powerful nation history has ever 
known. But we will be facing $3 and $4 and $5 and $8 landmines and be 
brought to the level of just about any other country, powerful or 
otherwise.
  Landmines have become a cheap, popular weapon in Third World 
countries, the same countries where American troops are likely to be 
sent in the future. The $2 or $3 antipersonnel mine hidden under a 
layer of sand or dust can blow the leg off the best-trained, best-
equipped American soldier, even though he or she represents the most 
powerful nation on earth.
  Two years ago, almost no one was paying attention to this global 
crisis. Then the U.S. Senate passed my amendment for a moratorium on 
the export of antipersonnel landmines. Republicans and Democrats 
together joined to pass that.
  The amendment had one goal: To challenge other countries to join with 
us to stop the spread of these hidden killers. As I spoke to the 
leaders of the other countries, I could tell them this was something--
and probably the only thing during that same Congress--that united 
Senators as nothing else had, no matter what their party or political 
philosophy.
  With the public pressure that grew out of that and the efforts of 
people around this world, 26 countries have now halted all or most of 
their exports of antipersonnel landmines in just 2 years, starting with 
what we were able to do here. Mr. President, 26 countries have halted 
all or most of their exports of antipersonnel landmines.
  If, in my 21 years, I had to point to what I was most proud of, I 
could not think of anything I could be more proud of or have more pride 
in than knowing men and women both in this body and in parliamentary 
bodies around the world who have joined with the Senate.
  Last September, in a historic speech to the U.N. General Assembly, 
President Clinton announced the goal of eventually eliminating 
antipersonnel landmines. On December 15, the 184 members of the U.N. 
General Assembly passed a resolution calling for further steps toward 
the eventual elimination of antipersonnel landmines.
  This is the first time since the banning of chemical weapons that the 
nations of the world have singled out a type of weapon for total 
elimination. It reflects a growing worldwide consensus that these 
weapons are unacceptable because they are indiscriminate.
  They are so cheap, so easy to mass produce, so easy to conceal and 
transport and scatter by the thousands. They cannot be controlled. They 
are used routinely to terrorize civilian populations.
  In March of this year, Belgium passed a law prohibiting production, 
export, and use of antipersonnel mines. Belgium had been a major 
producer. Now they have outlawed them. Norway did the same just last 
week. Half a dozen other countries have declared support for a global 
ban on these weapons.
  U.N. Secretary-General Boutros-Ghali, Pope John Paul II, former 
President Jimmy Carter, American Red Cross President Elizabeth Dole, 
these are but a few of the world leaders who have called for an end to 
the use of antipersonnel mines.
  But despite this progress, the use of landmines continues unabated. 
Millions of new mines are being produced each year, and today the 
Russians are dropping them by the thousands, out of airplanes, over 
Chechnya.
  Mr. President, today I introduce legislation that builds on the steps 
we have taken. It would impose a 1-year moratorium on the use of 
antipersonnel mines, to take effect 3 years from the date of enactment.
  It would permit the use of these mines along international borders, 
for example between North and South Korea, in minefields that are 
monitored to keep out civilians. It also permits the use of Claymore 
mines, which are used to guard a perimeter, and antitank mines.
  The purpose of the legislation is simple: Like the landmine export 
moratorium and the nuclear testing moratorium, it aims, by setting an 
example, to challenge other countries to join to bring an end to the 
mass destruction in slow motion caused by landmines.
  As a step toward that goal, it would temporarily halt the scattering 
of antipersonnel mines that cause such a massive number of civilian 
casualties. One person who has worked on this in Cambodia said, sitting 
in my office in Burlington, VT, ``Yes, we clear landmines in Cambodia. 
We clear them an arm and a leg at a time.''
  In addition, my legislation would provide for sanctions against 
countries that continue to export antipersonnel mines.
  Mr. President, this is a global crisis. Even with all of our power, 
the United States cannot solve it alone. But neither will it be solved 
without strong U.S. leadership.
  That is what the legislation does. It sets an example. It says, ``For 
1 year, we will take time out.'' We will challenge other countries to 
live up to what they said at the United Nations last December when they 
agreed to work to rid the world of these weapons.
  Every ambassador from other countries I have talked to, every leader, 
every foreign minister, has told me in words the same thing: If the 
United States, the most powerful nation history has ever known, if the 
United States cannot set the moral leadership, this will not be done. 
But if the United States sets the example, then it can be done.
  Our people will be safer. The people in 180 other countries 
ultimately will be safer, certainly the people of the 60 or more 
countries that are littered with mines can now begin to get rid of 
them. With 500 new landmine casualties each week, resolutions are not 
enough. We have to jolt the world out of complacency. Only the United 
States can do that.
  I have two minds about this legislation. I believe it could be the 
spark that leads to international cooperation to stop this senseless 
slaughter, because what we do is being watched around the globe, and 
there is great support.
  It will take a determined effort over the next few years, but if our 
leadership gets other governments to join, and I believe it will, 
Americans who are sent into harm's way in the future will have far more 
to gain from what we do here. Whether we send our men and women in 
uniform, whether we send our people on humanitarian missions, whatever 
else, to the other parts of the world, they will be safer because of 
what we can do here.
  At the same time, it is only a 1-year moratorium and does not take 
effect for 3 years. Between now and then, 

[[Page S8560]]
82,000 people will die or be horribly maimed by landmines.
  Frankly, Mr. President, this legislation is the least we can do as 
the world's only superpower with by far the most powerful military. It 
is the least we can do to stigmatize these weapons, because they are 
indiscriminate and inhumane, whether they are the simple $2 or $3 type 
or the more complex self-destructive type.
  What is our alternative? To accept that large areas of the world will 
be forever littered with hidden deadly explosives? I cannot accept 
that. Or that every 22 minutes of every day of every year someone, 
often a child, usually a civilian, will lose a leg or an arm, or life, 
as the result of a landmine? I and the 40 other Senators of both 
parties sponsoring this legislation cannot accept that. It is a global 
catastrophe. Landmines are causing more unnecessary suffering than any 
other weapon of war, and people everywhere are calling for the end of 
this.

  Today, if armies leave the field they take their weapons with them. 
They take away their guns, their tanks, and their cannons. But they 
leave behind landmines that continue to kill long after anybody even 
remembers what the armies were fighting about. Long after their 
leaders, their generals, their politicians are dead and gone, the 
landmines stay there. It is the weapon that keeps on killing.
  There are some weapons that are so inhumane they do not belong on 
this Earth. Antipersonnel landmines are in that category. This is not a 
weapon we need for our national security. It is a terrorist weapon used 
most often against the defenseless, like these children here who are no 
threat to anybody. They are the victims. It is, above all, a moral 
issue.
  I want to close with a quote from Archbishop Desmond Tutu, because he 
has spoken eloquently about the 20 million landmines in Africa that 
have already destroyed so many innocent lives. Archbishop Tutu said:

       Anti-personnel landmines are not just a crime perpetrated 
     against people, they are a sin. Why has the world been so 
     silent about these obscenities? It is because most of the 
     victims of landmines are neither heard nor seen.

  Mr. President, the legislation I am introducing today shows that we 
do hear, that we do see, and we are going to stop this.
                                 ______

      By Mr. DODD (for himself and Mr. Kennedy):
  S. 941. A bill to provide for the termination of the status of the 
College Construction Loan Insurance Association (``the Corporation'') 
as a Government-sponsored enterprise, to require the Secretary of 
Education to divest himself of the Corporation's stock, and for other 
purposes; to the Committee on Labor and Human Resources.


 THE COLLEGE CONSTRUCTION LOAN INSURANCE ASSOCIATION PRIVATIZATION ACT 
                                OF 1995

 Mr. DODD. Mr. President, I am pleased to introduce legislation 
offered by the Clinton administration to privatize the College 
Construction Loan Insurance Association, better known as Connie Lee. I 
am pleased to be joined in the effort by the ranking member of the 
committee, Senator Kennedy.
  Connie Lee was created in the Higher Education Act Amendments of 
1986, and I was pleased to have shepherded this part of that larger 
effort through the Congress. So it is particularly rewarding for me to 
be here today to begin this exciting transition for Connie Lee.
  Connie Lee was created with a vital and focused mission--to assist 
colleges in the repair, modernization, and construction of their 
facilities. Like many institutions, colleges, and universities need 
multiyear financing to keep up with their construction and renovation 
needs. For institutions with strong financial backing and large 
endowments, issuing bonds and securing capital has not been a major 
problem. Institutions that are less secure and have a lower bond 
rating, however, face major obstacles in obtaining the necessary 
financing.
  It was clear to us in 1986 that we, as a nation, have a major stake 
in assuring that our higher education institutions both literally and 
figuratively sit on a strong foundation. Connie Lee was created to 
address this need and, since its incorporation in 1987, it has provided 
increased access to the bond markets for nearly 100 needy institutions 
through bond insurance. Connie Lee has insured bond issues totaling 
just over $2.5 billion and has assisted institutions such as the 
University of Denver, the University of Massachusetts Medical School, 
several community colleges, and numerous other institutions in nearly 
every State.
  With its significant record, Connie Lee has clearly proven its 
maturity and strength. Since its founding, Connie Lee has maintained 
its triple-A financial rating, and a recent Standard and Poor's report 
confirmed its strong financial position. Connie Lee is clearly ready 
for privatization. Even though the original Federal investment of $19 
million was small, every dollar is clearly needed in our effort to 
eliminate the budget deficit.
  The administration's bill is quite straightforward. It would repeal 
the section of the Higher Education Act that authorized the creation of 
Connie Lee and governs its activities. In addition, it would provide 
for the Secretary of the Treasury to sell the 15-percent share the 
Government holds in Connie Lee.
  The Subcommittee on Education, Arts and Humanities of the Labor and 
Human Resources Committee will hold hearings on this matter, as well as 
the proposal to privatize Sallie Mae early next week. While I think the 
administration's proposal is clearly a good start, there are some 
important issues for us to examine in the committee.
  These issues are modest, however, and I hope that the committee can 
move quickly on this important and ground-breaking legislation.
                                 ______

      By Mr. BOND (for himself, Mr. Domenici, Mr. Warner, Mrs. 
        Hutchison, Mr. Burns, Mr. Frist, and Mr. Coverdell):
  S. 942. A bill to promote increased understanding of Federal 
regulations and increased voluntary compliance with such regulations by 
small entities, to provide for the designation of regional ombudsmen 
and oversight boards to monitor the enforcement practices of certain 
Federal agencies with respect to small business concerns, to provide 
relief from excessive and arbitary regulatory enforcement actions 
against small entities, and for other purposes; to the Committee on 
Small Business.


           The small business regulatory fairness act of 1995

 Mr. BOND. Mr. President, today I am announcing the opening of 
a new front in our fight against oppressive, onerous, and overly 
meddlesome Government regulations. I believe this new front will, for 
the time, take the fight outside the beltway and attack regulations and 
agencies where they impact people in their day-to-day lives.
  Since the election, there has been tremendous activity in reforming 
the way Federal agencies develop and issue regulations, and I have been 
deeply involved in this effort as cochair, along with Senator Kay 
Bailey Hutchison, of the Senate Republican Regulatory Relief Task 
Force. As we speak, we are working with Senator Dole and others on his 
Comprehensive Regulatory Reform Act, S. 343. These efforts are vitally 
important if we are to slow run-away regulation and better control 
Federal agencies. Equally important for small business is to add some 
meaningful judicial enforcement provisions to the Regulatory 
Flexibility Act, and I have introduced legislation to accomplish this.

  All of these efforts focus on changing the way agencies enact 
regulations. Today, I announce an effort to reform the way Government 
officials enforce Federal regulations. After all, most people, most 
small business people, do not have the time to concern themselves with 
the process of reviewing and commenting on proposed and final rules in 
the Federal Register. Small businesses have to deal with regulations 
when the regulator shows up on the doorstep to inspect their facility 
or to enforce a new Federal mandate. As chairman of the Senate 
Committee on Small Business, I have heard numerous horror stories about 
burdensome regulations. But as I have listened and learned from 
businessmen and women with real life problems, I have become 
increasingly convinced that the enforcement of regulations is a problem 
as troublesome as the regulations themselves.
  Today I am introducing legislation to make fundamental changes in the 
way regulatory agencies think about small 

[[Page S8561]]
business. It should be every regulatory agency's mission to encourage 
compliance by making rules easier to understand and by not enforcing 
their regulations in a way that unnecessarily frustrates law abiding 
small businesses. To this end, my bill includes a three part attack on 
unfair enforcement of Government regulations.
  First, small businesses should be able to understand what is expected 
of them. I want small businesses to know that if they are playing by 
the rules of the game as expressed in plain English compliance guides 
the agencies will be required to print, then they have nothing to fear 
from inspectors. Sound like common sense? It should be, but for too 
long agencies like EPA and OSHA have refused to tell businesses how 
they can avoid the threat of regulatory action. Like the merchant who 
responds to questions about his product with the phrase caveat emptor, 
some regulators have taken the attitude that it is not their 
responsibility to make complying with the law easy, preferring instead 
to punish small business owners who deviate in the smallest way from 
the most complicated regulation.
  The second part of my bill is designed to give small businesses a 
place to voice complaints about excessive, unfair or incompetent 
enforcement of regulations, with the knowledge that their voices will 
be heard. My bill sets up regional Small Business and Agriculture 
Ombudsmen through the Small Business Administration's offices around 
the country to give small businesses assurance that their confidential 
complaints and comments will be recorded and heard. These Ombudsmen 
also will coordinate the activities of volunteer Small Business 
Regulatory Fairness Boards, made up of small business people from each 
region. These boards will be able to investigate and make 
recommendations about troublesome patterns of enforcement activities. 
Any small business that is subject to an inspection or enforcement 
action will have the chance to rate and critique the inspectors or 
lawyers they deal with. In dealing with small businesses today, 
agencies sometimes seem to assume that every one is a violator of their 
rules, trying to get away with something. Some agencies do a good job 
of fulfilling their legal mandate while assisting small business, but 
many agencies seem stuck in an enforcement mentality where everyone is 
presumed guilty until proven innocent. I think we should let small 
businesses compare their dealings with one agency to dealings with 
another so that the abusive agencies or agents can be weeded out and 
exposed. Agencies should be vying to see which can fulfill their 
statutory mandate in a way that helps and empowers small business. We 
need direct feedback from small businessmen and women around the 
country on how well the regulators are doing their jobs.

  The third part of the legislation will create some financial 
accountability at Federal agencies and level the playing field for 
small businesses when they disagree with a fine or penalty imposed on 
them this bill will make the Government inspectors and lawyers 
responsible for their actions in assessing fines, penalties, and 
citations because it will allow small businesses to recover their legal 
costs from the Government when the enforcers and the lawyers have been 
unreasonable. If Federal agencies make excessive demands that they can 
not sustain in court, then the Federal agency will have to pay the 
legal fees of the small business. Small businessmen and women in 
American are more than willing to comply with regulations and pay 
appropriate penalties when they are in the wrong. But it is time we put 
a stop to powerful Federal agencies swooping down on small businesses 
and insisting on unreasonable fines just because they agency enjoys an 
enormous financial and resource advantage and can afford an expensive 
and time consuming court challenge. If the small business can reduce or 
eliminate the penalty, this bill will require the legal costs to be 
paid directly out of the agency's budget.
  On Monday of this week, the President told the White House conference 
that he wants Government regulators to stop treating small business men 
and women as criminals and start treating them as partners or 
customers. I believe this legislation will make that goal a reality and 
bring much needed relief to small businesses across the country. I hope 
the President will follow through on his speech to small business and 
join with the National Federation of Independent Businesses in 
supporting this bill. I urge all of my colleagues to join with me in 
supporting small business by supporting this legislation.
  Mr. President, I ask unanimous consent that the bill and additional 
material be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 942

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Small 
     Business Regulatory Fairness Act of 1995''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.

      TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE

Sec. 101. Definitions.
Sec. 102. Compliance guides.
Sec. 103. No action letter.
Sec. 104. Voluntary self-audits.
Sec. 105. Defense to enforcement actions.

      TITLE II--SMALL BUSINESS RESPONSIVENESS OF COVERED AGENCIES

Sec. 201. Small business and agriculture ombudsman.
Sec. 202. Small business regulatory fairness boards.
Sec. 203. Services provided by small business development centers.

  TITLE III--FINANCIAL ACCOUNTABILITY OF COVERED AGENCIES RELATING TO 
                           FEES AND EXPENSES

Sec. 301. Administrative proceedings.
Sec. 302. Judicial proceedings.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to change the relationship between regulators and small 
     entities;
       (2) to ameliorate the concern of small entities regarding 
     the effects of arbitrary Federal regulatory enforcement 
     actions on small entities;
       (3) to increase the comprehensibility of Federal 
     regulations affecting small entities;
       (4) to make Federal regulators accountable for their 
     actions; and
       (5) to provide small entities with a meaningful opportunity 
     for the redress of arbitrary enforcement actions by Federal 
     regulators.
      TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE

     SEC. 101. DEFINITIONS.

       For purposes of this title, the following definitions shall 
     apply:
       (1) Compliance guide.--The term ``compliance guide'' means 
     a publication made by a covered agency under section 102(a).
       (2) Covered agency.--The term ``covered agency'' has the 
     same meaning as in section 30(a) of the Small Business Act 
     (as added by section 201 of this Act).
       (3) No action letter.--The term ``no action letter'' means 
     a written determination from a covered agency stating that, 
     based on a no action request submitted to the agency by a 
     small entity, the agency will not take enforcement action 
     against the small entity under the rules of the covered 
     agency.
       (4) No action request.--The term ``no action request'' 
     means a written correspondence submitted by a small entity to 
     a covered agency--
       (A) stating a set of facts; and
       (B) requesting a determination by the agency of whether the 
     agency would take an enforcement action against the small 
     entity based on such facts and the application of any rule of 
     the agency.
       (5) Rule.--The term ``rule'' has the same meaning as in 
     section 601(2) of title 5, United States Code.
       (6) Small entity.--The term ``small entity'' has the same 
     meaning as in section 601(6) of title 5, United States Code.
       (7) Small business concern.--The term ``small business 
     concern'' has the same meaning as in section 3 of the Small 
     Business Act.
       (8) Voluntary self-audit.--The term ``voluntary self-
     audit'' means an audit, assessment, or review of any 
     operation, practice, or condition of a small entity that--
       (A) is initiated by an officer, employee, or agent of the 
     small entity; and
       (B) is not required by law.

     SEC. 102. COMPLIANCE GUIDES.

       (a) Compliance Guide.--
       (1) Publication.--If a covered agency is required to 
     prepare a regulatory flexibility analysis for a rule or group 
     of related rules under section 603 of title 5, United States 
     Code, the agency shall publish a compliance guide for such 
     rule or group of related rules.
       (2) Requirements.--Each compliance guide published under 
     paragraph (1) shall--
       (A) contain a summary description of the rule or group of 
     related rules;
       (B) contain a citation to the location of the complete rule 
     or group of related rules in the Federal Register;
     
[[Page S8562]]

       (C) provide notice to small entities of the requirements 
     under the rule or group of related rules and explain the 
     actions that a small entity is required to take to comply 
     with the rule or group of related rules;
       (D) be written in a manner to be understood by the average 
     owner or manager of a small entity; and
       (E) be updated as required to reflect changes in the rule.
       (b) Dissemination.--
       (1) In general.--Each covered agency shall establish a 
     system to ensure that compliance guides required under this 
     section are published, disseminated, and made easily 
     available to small entities.
       (2) Small business development centers.--In carrying out 
     this subsection, each covered agency shall provide sufficient 
     numbers of compliance guides to small business development 
     centers for distribution to small businesses concerns under 
     section 21(c)(3)(R) of the Small Business Act (as added by 
     section 202 of this Act).
       (c) Limitation on Enforcement.--
       (1) In general.--No covered agency may bring an enforcement 
     action in any Federal court or in any Federal administrative 
     proceeding against a small entity to enforce a rule for which 
     a compliance guide is not published and disseminated by the 
     covered agency as required under this section.
       (2) Effective dates.--This subsection shall take effect--
       (A) 1 year after the date of the enactment of this Act with 
     regard to a final regulation in effect on the date of the 
     enactment of this Act; and
       (B) on the date of the enactment of this Act with regard to 
     a regulation that takes effect as a final regulation after 
     such date of enactment.

     SEC. 103. NO ACTION LETTER.

       (a) Application.--This section applies to all covered 
     agencies, except--
       (1) the Federal Trade Commission;
       (2) the Equal Employment Opportunity Commission; and
       (3) the Consumer Product Safety Commission.
       (b) Issuance of No Action Letter.--Not later than 90 days 
     after the date on which a covered agency receives a no action 
     request, the agency shall--
       (1) make a determination regarding whether to grant the no 
     action request, deny the no action request, or seek further 
     information regarding the no action request; and
       (2) if the agency makes a determination under paragraph (1) 
     to grant the no action request, issue a no action letter and 
     transmit the letter to the requesting small entity.
       (c) Reliance on No Action Letter or Compliance Guide.--In 
     any enforcement action brought by a covered agency in any 
     Federal court, or Federal administrative proceeding against a 
     small entity, the small entity shall have a complete defense 
     to any allegation of noncompliance or violation of a rule if 
     the small entity affirmatively pleads and proves by a 
     preponderance of the evidence that the act or omission 
     constituting the alleged noncompliance or violation was taken 
     in good faith with and in reliance on--
       (1) a no action letter from that agency; or
       (2) a compliance guide of the applicable rule published by 
     the agency under section 102(a).

     SEC. 104. VOLUNTARY SELF-AUDITS.

       (a) Inadmissibility of Evidence and Limitation on 
     Discovery.--The evidence described in subsection (b)--
       (1) shall not be admissible, unless agreed to by the small 
     entity, in any enforcement action brought against a small 
     entity by a Federal agency in any Federal--
       (A) court; or
       (B) administrative proceeding; and
       (2) may not be the subject of discovery in any enforcement 
     action brought against a small entity by a Federal agency in 
     any Federal--
       (A) court; or
       (B) administrative proceeding.
       (b) Application.--For purposes of subsection (a), the 
     evidence described in this subsection is--
       (1) a voluntary self-audit made in good faith; and
       (2) any report, finding, opinion, or any other oral or 
     written communication made in good faith relating to such 
     voluntary self-audit.
       (c) Exceptions.--Subsection (a) shall not apply if--
       (1) the act or omission that forms the basis of the 
     enforcement action is a violation of criminal law; or
       (2) the voluntary self-audit or the report, finding, 
     opinion, or other oral or written communication was prepared 
     for the purpose of avoiding disclosure of information 
     required for an investigative, administrative, or judicial 
     proceeding that, at the time of preparation, was imminent or 
     in progress.

     SEC. 105. DEFENSE TO ENFORCEMENT ACTIONS.

       (a) In General.--No covered agency may impose a fine or 
     penalty on a small entity if the small entity proves by a 
     preponderance of the evidence that--
       (1) the covered agency rule is vague or ambiguous; and
       (2) the interpretation by the small entity of the rule is 
     reasonable considering the rule and any applicable compliance 
     guide.
       (b) Interpretation of Rule.--In determining whether the 
     interpretation of a rule by a small entity is reasonable, no 
     deference shall be given to any interpretation of the rule by 
     the agency that is not included in a compliance guide.
      TITLE II--SMALL BUSINESS RESPONSIVENESS OF COVERED AGENCIES

     SEC. 201. SMALL BUSINESS AND AGRICULTURE OMBUDSMAN.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) by redesignating section 30 as section 31; and
       (2) by inserting after section 29 the following new 
     section:

     ``SEC. 30. OVERSIGHT OF REGULATORY ENFORCEMENT.

       ``(a) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       ``(1) Board.--The term `Board' means a Small Business 
     Regulatory Fairness Board established under subsection (c).
       ``(2) Covered agency.--The term `covered agency' means any 
     agency that, as of the date of enactment of the Small 
     Business Regulatory Fairness Act of 1995, has promulgated any 
     rule for which a regulatory flexibility analysis was required 
     under section 605 of title 5, United States Code, and any 
     other agency that promulgates any such rule, as of the date 
     of such promulgation.
       ``(3) Ombudsman.--The term `ombudsman' means a Regional 
     Small Business and Agriculture Ombudsman designated under 
     subsection (b).
       ``(4) Region.--The term `region' means any area for which 
     the Administrator has established a regional office of the 
     Administration pursuant to section 4(a).
       ``(5) Rule.--The term `rule' has the same meaning as in 
     section 601(2) of title 5, United States Code.
       ``(b) Ombudsman.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Small Business Regulatory Fairness Act of 
     1995, the Administrator shall designate in each region a 
     senior employee of the Administration to serve as the 
     Regional Small Business and Agriculture Ombudsman in 
     accordance with this subsection.
       ``(2) Duties.--Each ombudsman designated under paragraph 
     (1) shall--
       ``(A) on a confidential basis, solicit and receive comments 
     from small business concerns regarding the enforcement 
     activities of covered agencies;
       ``(B) based on comments received under subparagraph (A), 
     annually assign and publish a small business responsiveness 
     rating to each covered agency;
       ``(C) publish periodic reports compiling the comments 
     received under subparagraph (A);
       ``(D) coordinate the activities of the Small Business 
     Regulatory Fairness Board established under subsection (c); 
     and
       ``(E) establish a toll-free telephone number to receive 
     comments from small business concerns under subparagraph 
     (A).''.

     SEC. 202. SMALL BUSINESS REGULATORY FAIRNESS BOARDS.

       Section 30 of the Small Business Act (as added by section 
     201 of this Act) is amended by adding at the end the 
     following new subsection:
       ``(c) Small Business Regulatory Fairness Boards.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Small Business Regulatory Fairness Act of 
     1995, the Administrator shall establish in each region a 
     Small Business Regulatory Fairness Board in accordance with 
     this subsection.
       ``(2) Duties.--Each Board established under paragraph (1) 
     shall--
       ``(A) advise the ombudsman on matters of concern to small 
     business concerns relating to the enforcement activities of 
     covered agencies;
       ``(B) conduct investigations into enforcement activities by 
     covered agencies with respect to small business concerns;
       ``(C) issue advisory findings and recommendations regarding 
     the enforcement activities of covered agencies with respect 
     to small business concerns;
       ``(D) review and approve, prior to publication--
       ``(i) each small business responsiveness rating assigned 
     under subsection (b)(2)(B); and
       ``(ii) each periodic report prepared under subsection 
     (b)(2)(C); and
       ``(E) prepare written opinions regarding the reasonableness 
     and understandability of rules issued by covered agencies.
       ``(3) Membership.--Each Board shall consist of--
       ``(A) 1 member appointed by the President;
       ``(B) 1 member appointed by the Speaker of the House of 
     Representatives;
       ``(C) 1 member appointed by the Minority Leader of the 
     House of Representatives;
       ``(D) 1 member appointed by the Majority Leader of the 
     Senate; and
       ``(E) 1 member appointed by the Minority Leader of the 
     Senate.
       ``(4) Period of appointment; vacancies.--
       ``(A) Period of appointment.--
       ``(i) Presidential appointees.--Each member of the Board 
     appointed under subparagraph (A) of paragraph (2) shall be 
     appointed for a term of 3 years, except that the initial 
     member appointed under such subparagraph shall be appointed 
     for a term of 1 year.
       ``(ii) House of representatives appointees.--Each member of 
     the Board appointed under subparagraph (B) or (C) of 
     paragraph (2) shall be appointed for a term of 3 years, 
     except that the initial members appointed under such 
     subparagraphs shall each be appointed for a term of 2 years.
       ``(iii) Senate appointees.--Each member of the Board 
     appointed under subparagraph (D) or (E) of paragraph (2) 
     shall be appointed for a term of 3 years. 
     
[[Page S8563]]

       ``(B) Vacancies.--Any vacancy on the Board--
       ``(i) shall not affect the powers of the Board; and
       ``(ii) shall be filled in the same manner and under the 
     same terms and conditions as the original appointment.
       ``(5) Chairperson.--The Board shall select a Chairperson 
     from among the members of the Board.
       ``(6) Meetings.--
       ``(A) In general.--The Board shall meet at the call of the 
     Chairperson.
       ``(B) Initial meeting.--Not later than 90 days after the 
     date on which all members of the Board have been appointed, 
     the Board shall hold its first meeting.
       ``(7) Quorum.--A majority of the members of the Board shall 
     constitute a quorum for the conduct of business, but a lesser 
     number may hold hearings.
       ``(8) Powers of the board.--
       ``(A) Hearings.--The Board or, at its direction, any 
     subcommittee or member of the Board, may, for the purpose of 
     carrying out the provisions of this section--
       ``(i) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       ``(ii) require, by subpoena or otherwise, the attendance 
     and testimony of such witnesses and the production of such 
     books, records, correspondence, memoranda, papers, documents, 
     tapes, and materials as the Board or such subcommittee or 
     member considers advisable.
       ``(B) Issuance and enforcement of subpoenas.--
       ``(i) Issuance.--Each subpoena issued pursuant to 
     subparagraph (A) shall bear the signature of the Chairperson 
     and shall be served by any person or class of persons 
     designated by the Chairperson for that purpose.
       ``(ii) Enforcement.--

       ``(I) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under subparagraph (A), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found may 
     issue an order requiring such person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence.
       ``(II) Contempt of court.--Any failure to obey the order of 
     the court issued under subclause (I) may be punished by the 
     court as a contempt of that court.

       ``(C) Witness allowances and fees.--Section 1821 of title 
     28, United States Code, shall apply to witnesses requested or 
     subpoenaed to appear at any hearing of the Board. The per 
     diem and mileage allowances for any witness shall be paid 
     from funds available to pay the expenses of the Board.
       ``(D) Information from federal agencies.--Upon the request 
     of the Chairperson, the Board may secure directly from the 
     head any Federal department or agency such information as the 
     Board considers necessary to carry out the provisions of this 
     section.
       ``(E)  Postal services.--The Board may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       ``(F) Donations.--The Board may accept, use, and dispose of 
     donations of services or property.
       ``(9) Board personnel matters.--
       ``(A) Compensation.--Members of the Board shall serve 
     without compensation.
       ``(B) Travel expenses.--Members of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Board.''.

     SEC. 203. SERVICES PROVIDED BY SMALL BUSINESS DEVELOPMENT 
                   CENTERS.

       Section 21(c)(3) of the Small Business Act (15 U.S.C. 
     648(c)(3)) is amended--
       (1) in subparagraph (O), by striking ``and'' at the end;
       (2) in subparagraph (P), by striking the period at the end 
     and inserting a semicolon; and
       (3) by inserting immediately after subparagraph (P) the 
     following new subparagraphs:
       ``(Q) providing assistance to small business concerns 
     regarding regulatory requirements, including providing 
     training with respect to cost-effective regulatory 
     compliance;
       ``(R) developing informational publications, establishing 
     resource centers of reference materials, and distributing 
     compliance guides published under section 102(a) of the Small 
     Business Regulatory Fairness Act of 1995 to small business 
     concerns; and
       ``(S) developing a program to provide confidential onsite 
     assessments and recommendations regarding regulatory 
     compliance to small business concerns and assisting small 
     business concerns in analyzing the business development 
     issues associated with regulatory implementation and 
     compliance measures.''.
  TITLE III--FINANCIAL ACCOUNTABILITY OF COVERED AGENCIES RELATING TO 
                           FEES AND EXPENSES

     SEC. 301. ADMINISTRATIVE PROCEEDINGS.

       Section 504 of title 5, United States Code, is amended--
       (1) in subsection (b)(1)(B)--
       (A) by striking ``, or (ii)'' and inserting ``, (ii)''; and
       (B) by striking the semicolon at the end of the 
     subparagraph and inserting the following: ``, or (iii) a 
     small entity as such term is defined in subsection 
     (g)(1)(D);'' and
       (2) by adding at the end the following new subsection:
       ``(g)(1) For purposes of this subsection, the term--
       ``(A) `covered agency' has the same meaning as in section 
     30(a) of the Small Business Act;
       ``(B) `fees and other expenses' has the same meaning as in 
     subsection (b)(1)(A), except that--
       ``(i) clause (ii) of such subparagraph (A) shall not apply; 
     and
       ``(ii) attorney's fees shall not be awarded at a rate of 
     pay in excess of $150 per hour unless the adjudicative party 
     determines that regional costs or other special factors 
     justify a higher fee;
       ``(C) `prevailing small entity'--
       ``(i) means a small entity that raised a successful defense 
     to an agency enforcement action by a covered agency in an 
     adversary adjudication; and
       ``(ii) includes a small entity that is a party in an 
     adversary adjudication in which the adjudicative officer 
     orders a corrective action or penalty against the small 
     entity that is less burdensome than the corrective action or 
     penalty initially sought or demanded by the covered agency; 
     and
       ``(D) `small entity' has the same meaning as in section 
     601(6).
       ``(2) For the purpose of making a finding of whether an 
     award under subsection (a)(1) is unjust, in any case in which 
     fees and other expenses would be awarded to a prevailing 
     small entity as a prevailing party--
       ``(A) the adjudicative officer of the agency shall not 
     consider whether the position of the agency was substantially 
     justified; and
       ``(B) special circumstances shall be limited to 
     circumstances in which--
       ``(i) the matters in the adversary adjudication are matters 
     for which there is little or no legal precedent; or
       ``(ii) findings of fact or conclusions of law are based on 
     inconsistent interpretations of applicable law by different 
     courts.
       ``(3) If a prevailing small entity is awarded fees and 
     other expenses as a prevailing party under subsection (a)(1), 
     such fees and other expenses shall include all fees and 
     expenses incurred by the small entity in appearing in any 
     proceeding the purpose of which is to determine the amount of 
     fees and other expenses.
       ``(4) Fees and other expenses awarded to a prevailing small 
     entity as a prevailing party under this section shall be paid 
     by the covered agency from funds made available to the agency 
     by appropriation or from fees or other amounts charged to the 
     public if authorized by law. A covered agency may not 
     increase any such fee or amount charged for the purpose of 
     paying fees and other expenses awarded to a prevailing small 
     entity as a prevailing party under this section.''.

     SEC. 302. JUDICIAL PROCEEDINGS.

       Section 2412 of title 28, United States Code, is amended--
       (1) in subsection (d)(2)(B)--
       (A) by striking ``, or (ii)'' and inserting ``, (ii)''; and
       (B) by striking the semicolon at the end of the 
     subparagraph and inserting the following: ``, or (iii) a 
     small entity as defined under subsection (g)(1)(D);'' and
       (2) by adding at the end the following new subsection:
       ``(g)(1) For purposes of this subsection, the term--
       ``(A) `covered agency' has the same meaning as in section 
     30(a) of the Small Business Act;
       ``(B) `fees and other expenses' has the same meaning as in 
     subsection (d)(2)(A), except that--
       ``(i) clause (ii) of such subparagraph (A) shall not apply; 
     and
       ``(ii) attorney's fees shall not be awarded at a rate of 
     pay in excess of $150 per hour unless the court determines 
     that regional costs or other special factors justify a higher 
     fee;
       ``(C) `prevailing small entity'--
       ``(i) means a small entity that raised a successful defense 
     to an agency enforcement action by a covered agency in a 
     civil action; and
       ``(ii) includes a small entity that is a party in a civil 
     action in which the court orders a corrective action or 
     penalty against the small entity that is less burdensome than 
     the corrective action or penalty initially sought or demanded 
     by the covered agency; and
       ``(D) `small entity' has the same meaning as the term 
     `small entity' in section 601(6) of title 5.
       ``(2) For the purpose of making a finding of whether an 
     award under subsection (d)(1)(A) is unjust, in any case in 
     which fees and other expenses would be awarded to a 
     prevailing small entity as a prevailing party--
       ``(A) the court shall not consider whether the position of 
     the United States was substantially justified; and
       ``(B) special circumstances shall be limited to 
     circumstances in which--
       ``(i) the matters in the civil action are matters for which 
     there is little or no legal precedent; or
       ``(ii) findings of fact or conclusions of law are based on 
     inconsistent interpretations of applicable law by different 
     courts.
       ``(3) If a prevailing small entity is awarded fees and 
     other expenses as a prevailing party under subsection 
     (d)(1)(A), such fees and expenses shall include all fees and 
     expenses incurred by the small entity in appearing in any 
     proceeding the purpose of which is to determine the amount of 
     fees and other expenses.
     
[[Page S8564]]

       ``(4) Fees and other expenses awarded to a prevailing small 
     entity as a prevailing party under this section shall be paid 
     by the covered agency from funds made available to the agency 
     by appropriation or from fees or other amounts charged to the 
     public if authorized by law. A covered agency may not 
     increase any such fee or amount charged for the purpose of 
     paying fees and other expenses awarded to a prevailing small 
     entity as a prevailing party under this section.''.
                                                                    ____


The Small Business Regulatory Fairness Act--Section-by-Section Analysis

       Sec. 1. Short Title. ``The Small Business Regulatory 
     Fairness Act of 1995.''
       Sec. 2. Purposes. The purposes of the act are to change the 
     relationship between agencies and small business, to increase 
     the understandability of regulations, to increase the 
     accountability of regulatory agencies, and to provide 
     meaningful opportunities for redress of arbitrary enforcement 
     actions.
       Sec. 101. Definitions. Defines covered agency (those that 
     have regs requiring a Regulatory Flexibility Act analysis), 
     compliance guide, no-action letter, small business concern 
     (as defined in sec. 3 of the Small Business Act) and 
     voluntary self-audit.
       Sec. 102. Compliance Guides. Directs regulatory agencies to 
     publish small business compliance guides for regulations with 
     significant economic impact on small entities, to disseminate 
     the guides through Small Business Development Centers and 
     prohibits enforcement actions of these regs against small 
     entities until such time as the compliance guide is 
     published.
       Sec. 103. No Action Letter. Directs regulatory agencies to 
     establish a system for issuing ``no-action letters'' similar 
     to those used by the IRS and SEC, and allows small entities 
     to rely on those no-action letters.
       Sec. 104. Voluntary self-audits. Provides that information 
     developed during a voluntary self-audit by a small entity is 
     not admissible or discoverable by a Federal Agency.
       Sec. 105. Defense to Enforcement Actions. Provides small 
     entities with an affirmative defense where the agency rule is 
     vague or ambiguous and the interpretation of the small entity 
     is reasonable, and limits the court from giving deference to 
     agencies' interpretations of their own rules.
       Sec. 201. Small Business and Agriculture Ombudsman. 
     Establishes Small Business and Agriculture Ombudsmen in each 
     of the Small Business Administration's regional offices who 
     will receive complaints about the enforcement activities of 
     other federal agencies, develop a small business 
     responsiveness rating to each regulatory agency, publish 
     reports on those activities, and establish a toll-free 
     telephone number to receive comments from small business.
       Sec. 202. Small Business Regulatory Fairness Boards. 
     Establishes volunteer Small Business Regulatory Fairness 
     Boards in Small Business Administration offices around the 
     country, appointed by the President and the Congressional 
     leadership to advise the Ombudsmen, conduct investigations 
     into agency enforcement activities, prepare independent 
     reports and review the reports of the Ombudsmen.
       Sec. 203. Services Provided by Small Business Development 
     Centers. Expands the role of Small Business Development 
     Centers to include providing regulatory compliance 
     assistance, serving as a resource for compliance information 
     including the distribution of compliance guides, and 
     developing a program to provide regulatory compliance audits.
       Sec. 301. Administrative Proceedings. Amends the 
     Administrative Procedures Act to allow small entities to 
     recover their attorneys fees in litigation against the 
     government where the government has made unreasonable demands 
     of settlement that are not sustained by a court, and without 
     having to prove that the government position was not 
     ``substantially justified.''
       Sec. 302. Judicial Proceedings. Makes conforming changes to 
     Title 28 U.S.C. Section 2412.

                          ____________________