[Congressional Record Volume 141, Number 176 (Wednesday, November 8, 1995)]
[Senate]
[Pages S16821-S16829]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BENNETT (for himself, Mr. Thomas, Mr. Simpson, Mr. Warner, 
        and Mr. Hatch):
  S. 1401. A bill to amend the Surface Mining Control and Reclamation 
Act of 1977 to minimize duplication in regulatory programs and to give 
States exclusive responsibility under approved States program for 
permitting and enforcement of the provisions of that act with respect 
to surface coal mining and reclamation operations, and for other 
purposes; to the Committee on Energy and Natural Resources.


 the surface mining control and reclamation act of 1977 amendments act 
                                of 1995

  Mr. BENNETT. Mr. President, today I am introducing legislation in 
behalf of myself, Senators Thomas, Simpson, Warner, and Hatch to amend 
the Surface Mining Control and Reclamation Act of 1977. I encourage my 
colleagues to support this legislation.
  The Surface Mining Control and Reclamation Act [SMCRA] was signed 
into law by President Carter in the aftermath of the energy crisis, 
when coal regulation was considered crucial to the success of his 
national energy program. In 1977, when this legislation was passed, 
there were more than 6,000 operating coal mines. Today, the number of 
operating mines has been reduced approximately to half of the 1977 
level. The questions which were first raised back then regarding the 
States' abilities to effectively operate regulatory programs have been 
satisfactorily answered and now is the time that we should reexamine 
the role of OSM and the effectiveness of the current law.
  When Congress passed SMCRA, it was agreed that the time had arrived 
for tougher environmental standards for surface mining operations. 
SMCRA established specific environmental guidelines for surface mines, 
including requirements for water and soil treatment and remediation as 
well as reclamation requirements for old and abandoned mines. It also 
established the Abandoned Mine Reclamation Fund and the Office of 
Surface Mining. Most 

[[Page S 16822]]
importantly, it established a framework under which States and the 
Federal Government could work in unison to administer this new law.
  SMCRA was hailed as a model of cooperative State and Federal efforts. 
Congress passed it with the understanding that after an initial phase-
in period, the States would assume responsibility for administering the 
law. It was understood that once States established environmental 
standards which were equally as tough as Federal standards, States 
would assume primacy and could administer their own administrative and 
environmental programs subject to approval of those programs by the 
Office of Surface Mining.
  Today 23 of the 26 coal producing States have assumed the role as the 
SMCRA regulating authority in these States. These primacy States have 
their mining programs periodically reviewed by OSM, which has 
occasionally exercised its Federal regulatory authority as necessary 
and expected under the SMCRA agreements.
  Unfortunately, OSM has not relinquished full administrative oversight 
of SMCRA and still retains a great deal of regulatory authority that 
rightly belongs to the primacy States. The result has been the creation 
of a problematic, dual regulatory scheme in which OSM regularly issues 
notice of violations [NOV's] directly to coal mine operators in primacy 
States whenever OSM is dissatisfied with the way these States are 
administering their own programs. This daily intervention in State 
program matters impacts the coal operators most who are often caught in 
between Federal-State disputes.
  For example, the State of Utah obtained primacy for the 
administration of SMCRA in 1983. We mine 24 million tons of coal 
annually from 13 active mines. These mines operate in compliance with 
the environmental requirements of the Utah regulatory program and the 
mined lands are being returned to productive nonmining uses. In short, 
the regulatory program is working and the intent and purpose of SMCRA 
is being fulfilled.
  Since January 1993, OSM has taken five direct Federal enforcement 
actions against Utah. All five were based on disagreements between OSM 
and the State of Utah over interpretation of the program's language. 
Not one of the five violations concerned any environmental safety or 
environmental hazard. Three of the five enforcement actions were 
dismissed by the Department of Interior's own administrative law 
judges. The other two concerned a dispute between OSM and Utah 
concerning the jurisdictional reach of the regulatory program. Both 
these disputes concerned coal handling and processing equipment located 
at power plants. One has since been upheld and the other is pending an 
appeal. In each instance, OSM cited the operator for a practice or 
condition which had already specifically been approved by the Utah 
program. Again, none of the violations concerned adverse off-site 
environmental impacts.
  Direct Federal enforcement has not helped protect the citizens of 
Utah or the environment. Instead it has diverted scarce resources away 
from other, more productive work conducted by OSM, Utah, and Utah coal 
operators. Longstanding disagreements between OSM and the primacy 
States have retarded the development of State regulatory programs, and 
continue to inhibit effective implementation. While significant 
improvements have been made by OSM in recent months, several structural 
problems continue to interfere with effective and efficient 
implementation of the coal regulatory program. Again, the most 
troublesome of these problems is the dual enforcement authority. Direct 
Federal enforcement in Utah has not only been ineffective and 
expensive, it has been counterproductive environmentally.
  Clearly there is a need to amend SMCRA to return the balance of 
authority to the primacy States as originally intended by the law. This 
legislation would make several technical amendments designed to 
acknowledge the role of those States as the primary regulatory agency 
where there is an approved State program. These proposed revisions 
would eliminate the redundancy and confusion that occurs when 
duplicative State and Federal program provisions are applied directly 
to mining operations.
  This legislation would also clarify that the authority to issue 
notices of violations [NOV's] in primacy States rests exclusively with 
the State regulatory authority, unless OSM first determines that the 
State regulatory authority has failed to properly administer the 
program, in which case direct Federal authority can be implemented. We 
have also deleted the redundant reference to the Federal program 
provisions to avoid any implication of Federal oversight authority to 
suspend permits in a State with an approved regulatory program. I 
believe this clarifies the intent of SMCRA as originally passed.
  The legislation would clarify that an operator's responsibility is to 
conform his operations to the terms and conditions of the approved 
permit for the mine. It also clarifies the regulatory agency's 
authority to require revisions to a permit as necessary to ensure 
compliance with the program requirements. Since many decisions of the 
administrative law judges remain pending on appeal before the Interior 
Board of Land Appeals for several years before a decision is issued 
under the existing format, the legislation would eliminate the 
unnecessary requirement that, as established in OSM's rules, appeals of 
certain agency decisions proceed through two layers of administrative 
review prior to seeking judicial review. Finally, this legislation 
would place a 3-year time limitation upon commencement of actions for 
alleged violations. This would encourage the more prompt initiation of 
any administrative or other actions.
  In conclusion, Mr. President, the coal regulatory program created by 
SMCRA has provided great benefit to the environment, the citizens of 
Utah, and the coal-mining community. The issues raised by this 
legislation are not the fault of coal regulation itself, but are the 
products of an unclear delineation of responsibilities and authorities 
between the Federal OSM and the primacy States. These amendments will 
reestablish the intent of SMCRA by reinforcing the role of the States 
in administering their own regulations. This legislation makes good 
sense and I encourage my colleagues to join me in cosponsoring this 
legislation.
                                 ______

      By Mr. CRAIG (for himself, Mr. Johnston, and Mr. Kempthorne):
  S. 1402. A bill to amend the Waste Isolation Pilot Plant Land 
Withdrawal Act and for other purposes; to the Committee on Energy and 
Natural Resources.


          The Waste Isolation Pilot Plant Land Withdrawal Act

  Mr. CRAIG.
  Madam President, today Senators Johnston, Kempthorne, and I are 
introducing legislation to expedite the opening of the waste isolation 
pilot plant. This legislation removes unnecessary and delaying 
bureaucratic requirements, achieves a major environmental objective, 
saves the taxpayers money and, most significantly for the Nation and 
Idaho, begins the process of successfully cleaning up and 
decommissioning the nuclear weapons complexes and temporary storage 
facilities.
  The waste isolation pilot plant is located in southeast New Mexico. 
It is truly a unique project. Its specific purpose is to provide for 
the safe disposal of transuranic radioactive and mixed waste resulting 
from defense activities and programs of the U.S. Government. The 
importance of WIPP, however, extends beyond its stated mission.
  Idaho currently stores the largest amount of transuranic waste of any 
State in the Union, but Idaho is not alone as a waste storage State. 
Washington, Colorado, South Carolina, and New Mexico also have large 
amounts of transuranic waste in temporary storage. Until the WIPP 
opens, little can be done to clean up and close these temporary storage 
sites.
  The agreement recently negotiated between the State of Idaho, the 
DOE, and the U.S. Navy, states that transuranic waste currently located 
in Idaho will begin to be shipped to WIPP by April 30, 1999. This 
legislation will assure this commitment is fulfilled.
  We cannot solve the environmental problems at sites such as Idaho's 
National Engineering Laboratory, or Rocky Flats Weapons Facility, or 
Savannah River, or others, without this facility in New Mexico. The 
reason is 

[[Page S 16823]]
obvious, Madam President. Without a place to dispose of the waste, 
cleanup is impossible. Without cleanup, further decommissioning cannot 
occur.
  The goal of this bill is simple: To deliver on Congress' longstanding 
commitment and open the WIPP facility by 1998.
  This bill amends the Waste Isolation Pilot Plant Withdrawal Act of 
1992 in several very important and significant ways.
  It deletes obsolete language of the 1992 act. Of particular 
importance is the reference and requirements for test-phase activities. 
Since the enactment of the 1992 act, the Department of Energy has 
abandoned the test phase that called for underground testing in favor 
of aboveground laboratory test programs. Thus, the test phase no longer 
exists, as defined in the 1992 law, and needs to be removed so it does 
not complicate the ongoing WIPP process.
  Most important, this bill will streamline the process, remove 
duplicative regulations, save taxpayers dollars--repeat, save taxpayers 
dollars, hundreds of millions of dollars--and have the following 
effects:
  The existing law contains a 180-day waiting period between the time 
the Secretary of Energy makes a decision to operate the WIPP and the 
actual commencement of disposal operations. My bill eliminates this 
waiting period. The 180 days constitutes an unnecessary delay. 
Eliminating 180 days saves $140 million or more in operational expenses 
during the waiting period and will start the removal of this type of 
waste from the aboveground storage in Idaho and other affected States 6 
months earlier than now scheduled.
  The bill requires the Secretary of Energy to determine if engineered 
or natural barriers in the facility are necessary. This change is 
consistent with the concept of allowing actions at the WIPP to be based 
on the technical needs of the WIPP.
  Section 7, ``Compliance With Environmental Laws and Regulations,'' 
will streamline DOE's compliance with applicable environmental laws.
  In other words, Madam President, we are not stepping aside from the 
current environmental commitment. We are assuring that all of it is 
met, but that it is met on time and under standard.
  Section 8 repeals the retrievability requirement which was an 
outgrowth of below-ground testing. With the replacement of the test 
phase by laboratory testing, retrievability no longer is needed. All 
tests are now performed in the laboratory and no transuranic waste is 
used in testing at the WIPP.
  The bill deletes the need for a decommissioning plan which is a 
duplicative and costly legislative mandate. This plan is covered by the 
disposal standards of the Land Withdrawal Act of 1992 and thus is not 
needed.
  It deletes the requirement for a no-mitigation determination. In a 
letter to Senator Kempthorne and me dated September 8, 1995, the 
Environmental Protection Agency started that a no-mitigation variance 
is duplicative because the WIPP is held by the other statutes to a 
higher standard. EPA states, ``A demonstration of nonmitigation of 
hazardous constituents will not be necessary to adequately protect 
human health and the environment.'' Despite this view, EPA further 
states that unless the current law is amended, the WIPP will be forced 
to comply with the no-mitigation standards. This unnecessary 
duplication would be time consuming and costly.
  It allows the Secretary of Energy to dispose of a small amount of 
nondefense transuranic waste in the WIPP. In my opinion, this is a cost 
effective and safe way to dispose of a relatively minor amount of 
waste.
  But just as important, I would like to make clear what my bill does 
not do.
  This bill does not remove EPA as the DOE regulator of the WIPP. DOE 
has stated numerous times that it does not want to self-regulate. The 
Department believes that having EPA as the regular will instill 
additional public confidence in the certification process and the 
facility itself, once it opens.
  I am skeptical regarding EPA. EPA has a poor record of meeting 
deadlines. The WIPP, as a facility, is ready to operate now and is 
basically waiting on EPA's final approval. The schedule DOE has 
established to meet the opening dates is an aggressive but not entirely 
workable timetable. It is aggressive only if EPA can accomplish its 
tasks on time. Because of EPA's demonstrated inability to meet 
schedules and to avoid imposing unnecessary large financial burdens on 
the taxpayer, there is a strong sentiment in the Congress to remove EPA 
from the WIPP regulatory role. Based on assurances made to me by the 
EPA, my bill does not follow this course. However, if EPA again 
falters, I will have to reconsider this position in future legislation.
  Idaho and the Nation need to have the WIPP opened sooner rather than 
later. Each day of delay is costly, and the potential dangers to the 
environment and human health resulting from the temporary storage of 
this waste continue.
  It is time to act. We must, if we are to clean up sites such as 
Idaho's. We must act to dispose of this task permanently and safety for 
future generations. This bill clears the way for action.
  I encourage my colleagues to become cosponsors of this legislation. 
We hope to move it expeditiously through the necessary committee and 
hearing process so that it can become law.
                                 ______

      By Mr. INOUYE:
  S. 1403. a bill to amend the Organic Act of Guam to provide 
restitution to the people of Guam who suffered atrocities such as 
personal injury, forced labor, forced marches, internment, and death 
during the occupation of Guam in World War II, and for other purposes; 
to the Committee on the Judiciary.


                      the guam war restitution act

 Mr. INOUYE. Mr. President, on August 14, 1945, Japan signed a 
declaration of surrender, facilitating the end of World War II. This 
year we celebrated Victory Over Japan Day, to commemorate those who 
valiantly fought for humanity and those who were the victims of 
unspeakable acts of racism, hate, and violence during World War II. We 
must also remember those who were forced to endure Japanese occupation 
during World War II. For nearly 3 years, the people of Guam endured 
war-time atrocities and suffering. As part of Japan's assault against 
the Pacific, Guam was bombed and invaded by Japanese forces within 3 
days of the infamous attack on Pearl Harbor. At that time, Guam was 
administered by the U.S. Navy under the authority of a Presidential 
Executive order. It was also populated by then-American nationals. For 
the first time since the War of 1812, a foreign power invaded U.S. 
soil.
  In 1952, when the United States signed a peace treaty with Japan, 
formally ending World War II, it waived the rights of American 
nationals, including those of Guamanians, to present claims against 
Japan. As a result of this action, American nationals were forced to 
seek relief from the Congress of the United States.
  Today, I rise to introduce the Guam War Restitution Act, which would 
amend the Organic Act of Guam and provide restitution to those who 
suffered atrocities during the occupation of Guam in World War II.
  The Guam War Restitution Act would establish a Guam Restitution 
Claims Fund, which would provide specific damage awards to those who 
are survivors of the war, and to the heirs of those who died during the 
war. The specific damage awards would be as follows: First, $20,000 for 
the category of death; second, $7,000 for the category of personal 
injury; and third, $5,000 for the categories of forced labor, forced 
march, or internment.
  This act would also establish a Guam Restitution Trust Fund to 
provide restitution to the heirs of those individuals who sustained 
injuries during the war but died after the war. Eligible heirs would 
receive restitution in the form of postsecondary scholarships, first-
time home ownership loans, and grants for other suitable purposes. In 
addition, the trust fund could provide research and public educational 
activities to honor and memorialize the wartime events of Guam.
  The U.S. Congress previously recognized its moral obligation to the 
people of Guam and provided reparations relief by enacting the Guam 
Meritorious claims act on November 15, 1945 (Public Law 79-224). 
Unfortunately, the claims act was seriously flawed and did not 
adequately compensate Guam after World War II.

[[Page S 16824]]

  The Claims Act primarily covered compensation for property damage and 
limited compensation for death or personal injury. Claims for forced 
labor, forced march, and internment were never compensated because the 
Claims Act excluded these from awardable injuries. The enactment of the 
Claims Act was intended to make Guam whole. The Claims Act, however, 
failed to specify postwar values as a basis for computing awards, and 
settled on prewar values, which did not reflect the true postwar 
replacement costs. Also, all property damage claims in excess of 
$5,000, as well as all death and injury claims, required congressional 
review and approval. This action caused many eligible claimants to 
settle for less in order to receive timely compensation. The Claims Act 
also imposed a 1-year time limit to file claims, which was insufficient 
as massive disruptions still existed following Guam's liberation. In 
addition, English was then a second language to a great many 
Guamanians. While a large number spoke English, few could read it. This 
is particularly important since the Land and War Claims Commission 
required written statements and often communicated with claimants in 
writing.
  The reparations program was also inadequate because it become 
secondary to overall reconstruction and the building of permanent 
military bases. In this regard, the Congress enacted the Guam Land 
Transfer Act and the Guam Rehabilitation Act (Public Laws 79-225 and 
79-583) as a means of rehabilitating Guam. The Guam Land Transfer Act 
provided the means of exchanging excess Federal land for resettlement 
purposes, and the Guam Rehabilitation Act appropriated $6 million to 
construct permanent facilities for the civic populace of the island for 
their economic rehabilitation.
  Approximately $8.1 million was paid to 4,356 recipients under the 
Guam Meritorious Claims Act. Of this amount, $4.3 million was paid to 
1,243 individuals for death, injury, and property damage in excess of 
$5,000, and $3.8 million to 3,113 recipients for property damage below 
$5,000.
  On June 3, 1947, former Secretary of the Interior Harold Ickes 
testified before the House Committee on Public Lands relative to the 
Organic Act, and strongly criticized the Department of the Navy for 
their ``inefficient and even brutal handling of the rehabilitation and 
compensation and war damage tasks.'' Secretary Ickes termed the 
procedures as ``shameful results.''
  In addition, a committee known as the Hopkins Committee was 
established by former Secretary of the Navy James Forrestal in 1947 to 
assess the Navy's administration of Guam and American Samoa. An 
analysis of the Navy's administration of the reparation and 
rehabilitation program was provided to Secretary Forrestal in a March 
25, 1947 letter from the Hopkins Committee. The letter indicated that 
the Department's confusing policy decisions greatly contributed to the 
programs' deficiencies and called upon the Congress to pass legislation 
to correct its mistakes and provide reparations to the people of Guam.
  In 1948, the U.S. Congress enacted the War Claims Act of 1948 (Public 
Law 80-896), which provided reparation relief to American prisoners of 
war, internees, religious organizations, and employees of defense 
contractors. The residents of Guam were deemed ineligible to receive 
reparations under this act because they were American nationals and not 
American citizens. In 1950, the U.S. Congress enacted the Guam Organic 
Act (81-630), granting Guamanians American citizenship and a measure of 
self-government.
  The Congress, in 1962, amended the War Claims Act to provide for 
claimants who were nationals at the time of the war and who became 
citizens. Again, the residents of Guam were specifically excluded. The 
Congress believed that the residents of Guam were provided for under 
the Guam Meritorious Claims Act. At that time, there was no one to 
defend Guam, as they had no representation in Congress. The Congress 
also enacted the Micronesian Claims Act for the Trust Territory of the 
Pacific Islands, but again excluded Guam in the settlement.
  In 1988, the Guam War Reparations Commission documented 3,365 
unresolved claims. There are potentially 5,000 additional unresolved 
claims. In 1946, the United States provided over $390 million in 
reparations to the Philippines, and over $10 million to the Micronesian 
Islands in 1971 for atrocities inflicted by Japan. In addition, the 
United States provided over $2 billion in postwar aid to Japan from 
1946-51. Further, the United States Government liquidated over $84 
million in Japanese assets in the United States during the war for the 
express purpose of compensating claims of its citizens and nationals. 
The United States did not invoke its authority to seize more assets 
from Japan under article 14 of the Treaty of Peace, as other Allied 
Powers had done. The United States, however, did close the door on the 
claims of the people of Guam.
  A companion measure to my bill, H.R. 2041, was introduced in the 
House of Representatives by Representative Robert Underwood. H.R. 2041, 
however, includes a provision assessing a 0.5 percent fee on the sale 
of United States military equipment to Japan. My bill does not include 
the fee provision because, in my view, it would cause U.S. 
manufacturers to be less competitive with other foreign manufacturers. 
Imposing such a fee could lead to the loss of American jobs, which is 
of concern in light of the decline in defense spending.
  The issue of reparations for Guam is not a new one for the people of 
Guam and for the U.S. Congress. It has been consistently raised by the 
Guamanian Government through local enactments of legislative bills and 
resolutions, and discussed with congressional leaders over the years.
  The Guam War Restitution Act cannot fully compensate or erase the 
atrocities inflicted upon Guam and its people during the occupation by 
the Japanese military. However, passage of this act would recognize our 
Government's moral obligation to Guam, and bring justice to the people 
of Guam for the atrocities and suffering they endured during World War 
II. I urge my colleagues to support this measure.
   Mr. President, I ask unanimous consent that the text of the bill be 
inserted in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1403

       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 ``Guam War Restitution Act''.

     SEC. 2. AMENDMENT TO ORGANIC ACT OF GUAM TO PROVIDE 
                   RESTITUTION.

       The Organic Act of Guam (48 U.S.C. 1421 et seq.) is amended 
     by adding at the end the following new section:

     ``SEC. 36. RECOGNITION OF DEMONSTRATED LOYALTY OF GUAM TO 
                   UNITED STATES, AND SUFFERING AND DEPRIVATION 
                   ARISING THEREFROM, DURING WORLD WAR II.

       ``(a) Definitions.--For purposes of this section:
       ``(1) Award.--The term `award' means the amount of 
     compensation payable under subsection (d)(2).
       ``(2) Benefit.--The term `benefit' means the amount of 
     compensation payable under subsection (d)(3).
       ``(3) Commission.--The term `Commission' means the Guam 
     Trust Fund Commission established by subsection (f).
       ``(4) Compensable injury.--The term `compensable injury' 
     means one of the following three categories of injury 
     incurred during and as a result of World War II:
       ``(A) Death.
       ``(B) Personal injury (as defined by the Commission).
       ``(C) Forced labor, forced march, or internment.
       ``(5) Guamanian.--The term `Guamanian' means any person 
     who--
       ``(A) resided in the territory of Guam during any portion 
     of the period beginning on December 8, 1941, and ending on 
     August 10, 1944; and
       ``(B) was a United States citizen or national during such 
     portion.
       ``(6) Proof.--The term `proof', relative to compensable 
     injury, means any one of the following, if determined by the 
     Commission to be valid:
       ``(A) An affidavit by a witness to such compensable injury.
       ``(B) A statement, attesting to compensable injury, which 
     is--
       ``(i) offered as oral history collected for academic, 
     historic preservation, or journalistic purposes;
       ``(ii) made before a committee of the Guam legislature;
       ``(iii) made in support of a claim filed with the Guam War 
     Reparations Commission;
       ``(iv) filed with a private Guam war claims advocate; or
       ``(v) made in a claim pursuant to the first section of the 
     Act of November 15, 1945 (Chapter 483; 59 Stat. 582).

[[Page S 16825]]

       ``(7) Trust Fund.--The term `Trust Fund' means the Guam 
     Trust Fund established by subsection (e).
       ``(b) Requirements for Claims and General Duties of 
     Commission--
       ``(1) Required information for claims.--Each claim for an 
     award or benefit under this section shall be made under oath 
     and shall include--
       ``(A) the name and age of the claimant;
       ``(B) the village in which the individual who suffered the 
     compensable injury which is the basis for the claim resided 
     at the time the compensable injury occurred;
       ``(C) the approximate date or dates on which the 
     compensable injury occurred;
       ``(D) a brief description of the compensable injury which 
     is the basis for the claim;
       ``(E) the circumstances leading up to the compensable 
     injury; and
       ``(F) in the case of a claim for a benefit, proof of the 
     relationship of the claimant to the relevant decedent.
       ``(2) General duties of commission to process claims.--With 
     respect to each claim filed under this section, the 
     Commission shall determine whether the claimant is eligible 
     for an award or benefit under this section and, if so, shall 
     certify the claim for payment in accordance with subsection 
     (d).
       ``(3) Time limitation.--With respect to each claim 
     submitted under this section, the Commission shall act 
     expeditiously, but in no event later than 1 year after the 
     receipt of the claim by the Commission, to fulfill the 
     requirements of paragraph (2) regarding the claim.
       ``(4) Direct receipt of proof from public claims files 
     permitted.--The Commission may receive proof of a compensable 
     injury directly from the Governor of Guam, or the Federal 
     custodian of an original claim filed with respect to the 
     injury pursuant to the first section of the Act of November 
     15, 1945 (Chapter 483; 59 Stat. 582), if such proof is 
     contained in the respective public records of the Governor or 
     the custodian.
       ``(c) Eligibility.--
       ``(1) Eligibility for awards.--A claimant shall be eligible 
     for an award under this section if the claimant meets each of 
     the following criteria:
       ``(A) The claimant is--
       ``(i) a living Guamanian who personally received the 
     compensable injury that is the basis for the claim, or
       ``(ii) the heir or next of kin of a decedent Guamanian, in 
     the case of a claim with respect to which the compensable 
     injury is death.
       ``(B) The claimant meets the requirements of paragraph (3).
       ``(2) Eligibility for benefits.--A claimant shall be 
     eligible for a benefit under this section if the claimant 
     meets each of the following criteria:
       ``(A) The claimant is the heir or next of kin of a decedent 
     Guamanian who personally received the compensable injury that 
     is the basis for the claim, and the claim is made with 
     respect to a compensable injury other than death.
       ``(B) The claimant meets the requirements of paragraph (3).
       ``(3) General requirements for eligibility.--A claimant 
     meets the requirements of this paragraph if the claimant 
     meets each of the following criteria:
       ``(A) The claimant files a claim with the Commission 
     regarding a compensable injury and containing all of the 
     information required by subsection (b)(1).
       ``(B) The claimant furnishes proof of the compensable 
     injury.
       ``(C) By such procedures as the Commission may prescribe, 
     the claimant files a claim under this section not later than 
     1 year after the date of the appointment of the ninth member 
     of the Commission.
       ``(4) Limitation on eligibility for awards and benefits--
       ``(A) Awards.--
       ``(i) No claimant may receive more than 1 award under this 
     section and not more than 1 award may be paid under this 
     section with respect to each decedent described in paragraph 
     (1)(A)(ii).
       ``(ii) Each award shall consist of only 1 of the amounts 
     referred to in subsection (d)(2).
       ``(B) Benefits.--
       ``(i) Not more than 1 benefit may be paid under this Act 
     with respect to each decedent described in paragraph (2)(A).
       ``(ii) Each benefit shall consist of only 1 of the amounts 
     referred to in subsection (d)(3).
       ``(d) Payments.--
       ``(1) Certification.--The Commission shall certify for 
     payment all awards and benefits that the Commission 
     determines are payable under this section.
       ``(2) Awards.--The Commission shall pay from the Trust Fund 
     1 of the following amounts as an award for each claim with 
     respect to which a claimant is determined to be eligible 
     under subsection (c)(1):
       ``(A) $20,000 if the claim is based on death.
       ``(B) $7,000 if the claim is based on personal injury.
       ``(C) $5,000 if the claim is based on forced labor, forced 
     march, or internment and is not based on personal injury.
       ``(3) Benefits.--The Commission shall pay from the Trust 
     Fund 1 of the following amounts as a benefit with respect to 
     each claim for which a claimant is determined eligible under 
     subsection (c)(2):
       ``(A) $7,000 if the claim is based on personal injury.
       ``(B) $5,000 if the claim is based on forced labor, forced 
     march, or internment and is not based on personal injury.
       ``(4) Reduction of amount to coordinate with previous 
     claims.--The amount required to be paid under paragraph (2) 
     or (3) for a claim with respect to any Guamanian shall be 
     reduced by any amount paid under the first section of the Act 
     of November 15, 1945 (Chapter 483; 59 Stat. 582) with respect 
     to such Guamanian.
       ``(5) Form of payment.--
       ``(A) Awards.--In the case of a claim for an award, payment 
     under this subsection shall be made in cash to the claimant, 
     except as provided in paragraph (6).
       ``(B) Benefits.--In the case of a claim for a benefit--
       ``(i) In general.--Payment under this subsection shall 
     consist of--

       ``(I) provision of a scholarship;
       ``(II) payment of medical expenses; or
       ``(III) a grant for first-time home ownership.

       ``(ii) Method of payment.--Payment of cash under this 
     subsection may not be made directly to a claimant, but may be 
     made to a service provider, seller of goods or services, or 
     other person in order to provide to a claimant (or other 
     person, as provided in paragraph (6)) a benefit referred to 
     in clause (i).
       ``(C) Development of procedures.--The Commission shall 
     develop and implement procedures to carry out this paragraph.
       ``(6) Payments on claims with respect to same decedent.--
       ``(A) Awards.--In the case of a claim based on the 
     compensable injury of death, payment of an award under this 
     section shall be divided, as provided in the probate laws of 
     Guam, among the heirs or next of kin of the decedent who file 
     claims for such division by such procedures as the Commission 
     may prescribe.
       ``(B) Individuals proving consanguinity with claimants for 
     benefits.--Each individual who proves consanguinity with a 
     claimant who has met each of the criteria specified in 
     subsection (c)(2) shall be entitled to receive an equal share 
     of the benefit accruing under this section with respect to 
     the claim of such claimant if the individual files a claim 
     with the Commission by such procedures as the Commission may 
     prescribe.
       ``(7) Order of payments.--The Commission shall endeavor to 
     make payments under this section with respect to awards 
     before making such payments with respect to benefits and, 
     when making payments with respect to awards or benefits, 
     respectively, to make payments to eligible individuals in the 
     order of date of birth (the oldest individual on the date of 
     the enactment of this Act, or if applicable, the survivors of 
     that individual, receiving payment first) until all eligible 
     individuals have received payment in full.
       ``(8) Refusal to accept payment.--If a claimant refuses to 
     accept a payment made or offered under paragraph (2) or (3) 
     with respect to a claim filed under this section--
       ``(A) the amount of the refused payment, if withdrawn from 
     the Trust Fund for purposes of making the payment, shall be 
     returned to the Trust Fund; and
       ``(B) no payment may be made under this section to such 
     claimant at any future date with respect to the claim.
       ``(9) Treatment of payments under other laws.--Awards and 
     benefits paid to eligible claimants--
       ``(A) shall be treated for purposes of the internal revenue 
     laws of the United States as damages received on account of 
     personal injuries or sickness; and
       ``(B) shall not be included as income or resources for 
     purposes of determining eligibility to receive benefits 
     described in section 3803(c)(2)(C) of title 31, United States 
     Code, or the amount of such benefits.
       ``(e) Guam Trust Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     of the United States the Guam Trust Fund, which shall be 
     administered by the Secretary of the Treasury.
       ``(2) Investments.--Amounts in the Trust Fund shall be 
     invested in accordance with section 9702 of title 31, United 
     States Code.
       ``(3) Uses.--Amounts in the Trust Fund shall be available 
     only for disbursement by the Commission in accordance with 
     subsection (f).
       ``(4) Disposition of funds upon termination.--If all of the 
     amounts in the Trust Fund have not been obligated or expended 
     by the date of the termination of the Commission, investments 
     of amounts in the Trust Fund shall be liquidated, the 
     receipts of such liquidation shall be deposited in the Trust 
     Fund, and any unobligated funds remaining in the Trust Fund 
     shall be given to the University of Guam, with the conditions 
     that--
       ``(A) the funds are invested as described in paragraph (2);
       ``(B) the funds are used for scholarships to be known as 
     Guam World War II Loyalty Scholarships, for claimants 
     described in paragraph (1) or (2) of subsection (c) or in 
     subsection (d)(6), or for such scholarships for the 
     descendants of such claimants; and
       ``(C) as the University determines appropriate, the 
     University shall endeavor to award the scholarships referred 
     to in subparagraph (B) in a manner that permits the award of 
     the largest possible number of scholarships over the longest 
     possible period of time.
       ``(f) Guam Trust Fund Commission.--
       ``(1) Establishment.--There is established the Guam Trust 
     Fund Commission, which shall be responsible for making 
     disbursements from the Guam Trust Fund in the manner provided 
     in this section.

[[Page S 16826]]

       ``(2) Use of trust fund.--The Commission may make 
     disbursements from the Trust Fund only for the following 
     uses:
       ``(A) To make payments, under subsection (d), of awards and 
     benefits.
       ``(B) To sponsor research and public educational activities 
     so that the events surrounding the wartime experiences and 
     losses of the Guamanian people will be remembered, and so 
     that the causes and circumstances of this event and similar 
     events may be illuminated and understood.
       ``(C) To pay reasonable administrative expenses of the 
     Commission, including expenses incurred under paragraphs 
     (3)(C), (4), and (5).
       ``(3) Membership.--
       ``(A) Number and appointment.--The Commission shall be 
     composed of 9 members who are not officers or employees of 
     the United States Government and who are appointed by the 
     President from recommendations made by the Governor of Guam.
       ``(B) Terms.--
       ``(i) Initial members of the Commission shall be appointed 
     for initial terms of 3 years, and subsequent terms shall be 
     of a length determined pursuant to subparagraph (F).
       ``(ii) Any member of the Commission who is appointed to 
     fill a vacancy occurring before the expiration of the term 
     for which such member's predecessor was appointed shall be 
     appointed only for the remainder of such term.
       ``(C) Prohibition of compensation other than expenses.--
     Members of the Commission shall serve without pay, except 
     that members of the Commission shall be entitled to 
     reimbursement for travel, subsistence, and other necessary 
     expenses incurred by them in carrying out the functions of 
     the Commission in the same manner that persons employed 
     intermittently in the United States Government are allowed 
     expenses under section 5703 of title 5, United States Code.
       ``(D) Quorum.--5 members of the Commission shall constitute 
     a quorum but a lesser number may hold hearings.
       ``(E) Chairperson.--The Chairperson of the Commission shall 
     be elected by the members of the Commission.
       ``(F) Subsequent appointments.--
       ``(i) Upon the expiration of the term of each member of the 
     Commission, the President shall reappoint the member (or 
     appoint another individual to replace the member) if the 
     President determines, after consideration of the reports 
     submitted to the President by the Commission under this 
     section, that there are sufficient funds in the Trust Fund 
     for the present and future administrative costs of the 
     Commission and for the payment of further awards and benefits 
     for which claims have been or may be filed under this title.
       ``(ii) Members appointed under clause (i) shall be 
     appointed for a term of a length that the President 
     determines to be appropriate, but the length of such term 
     shall not exceed 3 years.
       ``(4) Staff and services.--
       ``(A) Director.--The Commission shall have a Director who 
     shall be appointed by the Commission.
       ``(B) Additional staff.--The Commission may appoint and fix 
     the pay of such additional staff as it may require.
       ``(C) Inapplicability of certain provisions of title 5, 
     united states code.--The Director and the additional staff of 
     the Commission may be appointed without regard to section 
     5311 of title 5, United States Code, and without regard to 
     the provisions of such title governing appointments in the 
     competitive service, and may be paid without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     such title, relating to classification and General Schedule 
     pay rates, except that the compensation of any employee of 
     the Commission may not exceed a rate equivalent to the 
     minimum rate of basic pay payable for GS-15 of the General 
     Schedule under section 5332(a) of such title.
       ``(D) Administrative support services.--The Administrator 
     of General Services shall provide to the Commission, on a 
     reimbursable basis, such administrative support services as 
     the Commission may request.
       ``(5) Gifts and donations.--The Commission may accept, use, 
     and dispose of gifts or donations of funds, services, or 
     property for uses referred to in paragraph (2). The 
     Commission may deposit such gifts or donations, or the 
     proceeds from such gifts or donations, into the Trust Fund.
       ``(6) Termination.--The Commission shall terminate on the 
     earlier of--
       ``(A) the end of the 6-year period beginning on the date of 
     the appointment of the first member of the Commission; or
       ``(B) the date on which the Commission submits to the 
     Congress a certification that all claims certified for 
     payment under this section are paid in full and no further 
     claims are expected to be so certified.
       ``(g) Notice.--Not later than 90 days after the appointment 
     of the ninth member of the Commission, the Commission shall 
     give public notice in the territory of Guam and such other 
     places as the Commission deems appropriate of the time 
     limitation within which claims may be filed under this 
     section. The Commission shall ensure that the provisions of 
     this section are widely published in the territory of Guam 
     and such other places as the Commission deems appropriate, 
     and the Commission shall make every effort both to advise 
     promptly all individuals who may be entitled to file claims 
     under the provisions of this title and to assist such 
     individuals in the preparation and filing of their claims.
       ``(h) Reports.--
       ``(1) Compensation and claims.--Not later than 12 months 
     after the formation of the Commission, and each year 
     thereafter for which the Commission is in existence, the 
     Commission shall submit to the Congress, the President, and 
     the Governor of Guam a report containing a determination of 
     the specific amount of compensation necessary to fully carry 
     out this section, the expected amount of receipts to the 
     Trust Fund, and all payments made by the Commission under 
     this section. The report shall also include, with respect to 
     the year which the report concerns--
       ``(A) a list of all claims, categorized by compensable 
     injury, which were determined to be eligible for an award or 
     benefit under this section, and a list of all claims, 
     categorized by compensable injury, which were certified for 
     payment under this section; and
       ``(B) a list of all claims, categorized by compensable 
     injury, which were determined not to be eligible for an award 
     or benefit under this section, and a brief explanation of the 
     reason therefor.
       ``(2) Annual operations and status of trust fund.--
     Beginning with the first full fiscal year ending after 
     submission of the first report required by paragraph (1), and 
     annually thereafter with respect to each fiscal year in which 
     the Commission is in existence, the Commission shall submit a 
     report to Congress, the President, and the Governor of Guam 
     concerning the operations of the Commission under this 
     section and the status of the Trust Fund. Each such report 
     shall be submitted not later than January 15th of the first 
     calendar year beginning after the end of the fiscal year 
     which the report concerns.
       ``(3) Final award report.--After all awards have been paid 
     to eligible claimants, the Commission shall submit a report 
     to the Congress, the President, and the Governor of Guam 
     certifying--
       ``(A) the total amount of compensation paid as awards under 
     this section, broken down by category of compensable injury; 
     and
       ``(B) the status of the Trust Fund and the amount of any 
     existing balance thereof.
       ``(4) Final benefits report.--After all benefits have been 
     paid to eligible claimants, the Commission shall submit a 
     report to the Congress, the President, and the Governor of 
     Guam certifying--
       ``(A) the total amount of compensation paid as benefits 
     under this section, broken down by category of compensable 
     injury; and
       ``(B) the final status of the Trust Fund and the amount of 
     any existing balance thereof.
       ``(i) Limitation of Agent and Attorney Fees.--It shall be 
     unlawful for an amount exceeding 5 percent of any payment 
     required by this section with respect to an award or benefit 
     to be paid to or received by any agent or attorney for any 
     service rendered in connection with the payment. Any person 
     who violates this section shall be fined under title 18, 
     United States Code, or imprisoned for not more than 1 year, 
     or both.
       ``(j) Disclaimer.--No provision of this section shall 
     constitute an obligation for the United States to pay any 
     claim arising out of war. The compensation provided in this 
     section is ex gratia in nature and intended solely as a means 
     of recognizing the demonstrated loyalty of the people of Guam 
     to the United States, and the suffering and deprivation 
     arising therefrom, during World War II.
       ``(k) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section, including the administrative 
     responsibilities of the Commission for the 36-month period 
     beginning on the date of the appointment of the ninth member 
     of the Commission. Amounts appropriated pursuant to this 
     section are authorized to remain available until 
     expended.''.
                                 ______

      By Mr. GRASSLEY (for himself and Mr. Kyl):
  S. 1404. A bill to enhance restitution to victims of crime, and for 
other purposes; to the Committee on the Judiciary.


             The victim Restitution Enhancement Act of 1995

 Mr. GRASSLEY. Mr. President, I introduce the Victim 
Restitution Enhancement Act of 1995, an important piece of 
legislation--called for in the Contract With America--which will help 
victims of crime. I have long thought that swift and decisive 
congressional action is needed in order to change some of the basic 
injustice associated with our criminal justice system. I believe that 
the way to do this is to change the focus of our energy and time to 
assisting and protecting victims of crime. And some of the bills that 
have been introduced by Senator Nickels and Senator Hatch do an 
admirable job of changing the focus.
  Mr. President, this morning the Judiciary Committee, under the able 
leadership of Senator Hatch, conducted a very thorough hearing on 
mandatory victim restitution. At that hearing, we heard testimony from 
a number of excellent witnesses, and one theme was particularly 
evident: We in Congress 

[[Page S 16827]]
need to make sure that victims can actually receive the restitution 
they are due.
  First and foremost, I am a practical man--somebody who looks at the 
way good ideas and good legislation actually functions in reality. My 
concern with victim restitution is making sure that crime victims 
actually receive the restitution they are entitled to.
  That is why I am introducing the Victim Restitution Enhancement Act 
to make sure that crime victims receive full restitution from 
criminals.
  In drafting this bill, I consulted with former U.S. attorneys and 
others who have actually participated in the current system for victim 
restitution. And I have incorporated practical, real world suggestions 
from these seasoned professionals.
  Let me briefly summarize the key provisions of my bill:
  First, my bill forces criminals to submit sworn affidavits listing 
their assets after being convicted. If criminals try to hide their 
assets, or lie about them, they can be prosecuted for perjury, since 
their asset listing is under oath.
  Second, my bill requires that criminals pay off their restitution 
debts immediately, or at least within 5 years; currently, some 
criminals have been able to stretch payments over an extended period of 
time, making victims wait longer for their due.
  Third, my bill provides that bankruptcy proceedings will not 
discharge a criminal's duty to pay restitution.
  Fourth, my bill establishes an automatic lien on all of a criminal's 
assets immediately upon conviction for an offense which gives rise to 
restitution liability.
  Fifth, importantly, my bill provides that prisoners who file prisoner 
lawsuits must notify their victims in writing of the lawsuit and turn 
any monetary award over to the victims if the prisoner has not fully 
satisfied his duty to pay restitution. I think this will help deter 
many prisoner lawsuits, because criminals will realize that even if 
they hit the jackpot they can't keep the money.
  That is what the bill does. It makes sure that good pieces of 
legislation, like the draft bill circulated by Senator Hatch, will 
really work in the real world.
  Mr. President, ask unanimous consent that the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1404

       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 ``Victim Restitution 
     Enhancement Act of 1995''.

     SEC. 2. RESTITUTION.

       Section 3663 of title 18, United States Code, is amended--
       (1) in subsection (f)--
       (A) by striking paragraphs (1) through (3);
       (B) by inserting the following new paragraph:
       ``(1)(A) The order of restitution shall require the 
     defendant to--
       ``(i) submit a sworn statement listing all assets owned or 
     controlled by the defendant; and
       ``(ii) make payment immediately, unless, in the interest of 
     justice, the court provides for payment on a date certain or 
     in installments.
       ``(B) If the court provides for payment in installments, 
     the installments shall be in equal monthly payments over a 
     payment period prescribed by the court unless the court 
     establishes another schedule.
       ``(C) If the order of restitution permits other than 
     immediate payment, the payment period shall not exceed 5 
     years, excluding any term of imprisonment served by the 
     defendant for the offense.'';
       (C) by redesignating paragraph (4) as paragraph (2); and
       (D) by amending paragraph (2), as so redesignated, by 
     striking ``under this section,'' and all that follows through 
     the end of the paragraph and inserting ``under this 
     section.'';
       (2) in subsection (h)--
       (A) by striking ``(h) An order'' and inserting ``(h)(1) 
     Subject to paragraph (2), an order'';
       (B) by redesignating paragraphs (1)(A), (1)(B), and (2) as 
     subparagraphs (A)(i), (A)(ii), and (B), respectively; and
       (C) by adding at the end the following new paragraph:
       ``(2) Notwithstanding any other law that applies a shorter 
     time limitation, a victim may bring an action to enforce an 
     order of restitution on or until the date that is 20 years 
     after the date of the order.''; and
       (3) by adding at the end the following new subsections:
       ``(j) No discharge of debt pursuant to a bankruptcy 
     proceeding shall render an order of restitution under this 
     section unenforceable or discharge liability to pay 
     restitution.
       ``(k)(1) An order of restitution imposed pursuant to this 
     section or by any State court is a lien in favor of the 
     designated agent for a victim of crime entitled to 
     restitution by reason of any Federal or State law, or if such 
     victim cannot be identified, in favor the United States or 
     any State agency charged with providing restitution to 
     victims of crime, upon all property belonging to the person 
     against whom restitution is ordered. The lien arises at the 
     time of the entry of the order and continues until the 
     liability is satisfied, remitted, or set aside. The court 
     ordering restitution shall notify all potential claimants 
     entitled to restitution. On application of the person against 
     whom restitution is ordered, the Attorney General or any 
     other person or entity holding a lien pursuant to this 
     section, shall--
       ``(A) issue a certificate of release, as described in 
     section 6325 of the Internal Revenue Code, of any lien 
     imposed pursuant to this section, upon his acceptance of a 
     bond described in section 6325(a)(2) of the Internal Revenue 
     Code; or
       ``(B) issue a certificate of discharge, as described in 
     section 6325 of the Internal Revenue Code, of any part of the 
     person's property subject to a lien imposed pursuant to this 
     subsection, upon his determination that the fair market value 
     of that part of such property remaining subject to and 
     available to satisfy the lien is at least three times the 
     amount of the restitution ordered.
       ``(2) The provisions of sections 6323, 6331, 6332, 6334 
     through 6336, 6337(a), 6338 through 6343, 6901, 7402, 7403, 
     7424 through 7426, 7505(a), 7506, 7701, and 7805 of the 
     Internal Revenue Code of 1986 and of section 513 of the Act 
     of October 17, 1940 (54 Stat. 1190), apply to an order of 
     restitution and to the lien imposed by paragraph (1) as if 
     the liability of the person against whom restitution is 
     ordered were for an internal revenue tax assessment where the 
     Attorney General is the lienholder, except to the extent that 
     the application of such statutes is modified by regulations 
     issued by the Attorney General to accord with differences in 
     the nature of the liabilities. For the purposes of this 
     paragraph references in the preceding sections of the 
     Internal Revenue Code of 1986 to `the Secretary' shall be 
     construed to mean `the Attorney General' and references in 
     those sections to `tax' shall be construed to mean `order of 
     restitution'.
       ``(3) A notice of the lien imposed by paragraph (1) shall 
     be considered a notice of lien for taxes payable to the 
     United States for the purposes of any State or local law 
     providing for the filing of a notice of a tax lien. The 
     registration, recording, docketing, or indexing, in 
     accordance with section 1962 of title 28, United States Code, 
     of the judgment under which an order of restitution is 
     imposed shall be considered for all purposes as the filing 
     prescribed by section 6323(f)(1)(A) of the Internal Revenue 
     Code of 1986.
       ``(4) Notwithstanding any other provision of this 
     subsection, an order of restitution may be enforced by 
     execution against the property of the person against whom it 
     is ordered in like manner as judgments in civil cases.
       ``(5) No discharge of debts pursuant to a bankruptcy 
     proceeding shall render a lien under this section 
     unenforceable.
       ``(6)(A) If a person against whom restitution is ordered 
     and whose assets are subject to a lien under this subsection 
     files any civil action seeking money damages, including an 
     action filed during a period of incarceration, such person 
     shall serve notice, at the expense of that person, of the 
     filing of the action upon each person entitled to receive 
     restitution, or the designated agent of such person, and the 
     Attorney General.
       ``(B) Failure to timely provide actual notice shall be 
     grounds for dismissal of the underlying civil action.
       ``(C) A person entitled to receive restitution under this 
     section, the Office of Victims of Crime of the Department of 
     Justice, or any agency or instrumentality of any State 
     charged with providing restitution to victims of crime, may 
     intervene in the civil action described in subparagraph (A) 
     if the court determines that such intervention would be in 
     the interests of justice.''.

     SEC. 3. COSTS RECOVERABLE.

       Section 1918(b) of title 28, United States Code, is amended 
     by inserting before the period the following: ``, including 
     any amount advanced to purchase contraband in a sting 
     operation during the investigation resulting in the 
     conviction''.
                                 ______

      By Mr. FRIST:
  S. 1405. A bill to eliminate certain benefits for Members of 
Congress; to the Committee on Governmental Affairs.


                    THE CITIZEN CONGRESS ACT OF 1995

 Mr. FRIST. Mr. President, I rise today to introduce the 
Citizen Congress Act of 1995, a bill that ends many of the perks and 
privileges that separate Members of Congress from the American people.
  The Founding Fathers envisioned a Congress of citizen legislators who 
would leave their families and communities for a short time to write 
legislation and then return home to live under the laws they helped to 
pass. Unfortunately, we have strayed far from 

[[Page S 16828]]
that vision. Enacting term limits would be the best way to recreate a 
citizen legislature, and I remain committed to passing a term-limits 
amendment to the Constitution. In the meantime, reforming congressional 
pensions, pay, and perks offers an immediately achievable step toward 
making Congress more directly responsible and accountable to the 
American people.
  A strong perception exists among the American people that elected 
officials in Washington have placed themselves above the laws and have 
separated themselves from the public with perks and privileges. With 
enactment of the Congressional Accountability Act and lobbying and gift 
reform earlier this year, we have begun to address this problem in a 
bipartisan way. However, we still have a long way to go. To restore 
confidence in Congress and our democratic form of Government, we must 
restore confidence in the lawmakers who serve there.
  The Citizen Congress Act begins reform of our Government with the 
Members of Congress themselves. That is why, today, on the 1-year 
anniversary of last year's elections, I am introducing this important 
legislation.
  I thank the Chair and ask unanimous consent that the full text of the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1405

       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 ``Citizen Congress Act''.

     SEC. 2. LIMITATION ON RETIREMENT COVERAGE FOR MEMBERS OF 
                   CONGRESS.

       (a) In General.--Notwithstanding any other provision of 
     law, effective at the beginning of the Congress next 
     beginning after the date of the enactment of this Act, a 
     Member of Congress shall be ineligible to participate in the 
     Civil Service Retirement System or the Federal Employees' 
     Retirement System, except as otherwise provided under this 
     section.
       (b) Participation in the Thrift Savings Plan.--
     Notwithstanding subsection (a), a Member may participate in 
     the Thrift Savings Plan subject to section 8351 of title 5, 
     United States Code, at anytime during the 12-year period 
     beginning on the date the Member begins his or her first 
     term.
       (c) Refunds of Contributions.--(1) Nothing in subsection 
     (a) shall prevent refunds from being made, in accordance with 
     otherwise applicable provisions of law (including those 
     relating to the Thrift Savings Plan), on account of an 
     individual's becoming ineligible to participate in the Civil 
     Service Retirement System or the Federal Employees' 
     Retirement System (as the case may be) as a result of the 
     enactment of this section.
       (2) For purposes of any refund referred to in paragraph 
     (1), a Member who so becomes ineligible to participate in 
     either of the retirement systems referred to in paragraph (1) 
     shall be treated in the same way as if separated from 
     service.
       (d) Annuities Not Affected to the Extent Based on Prior 
     Service.--Subsection (a) shall not be considered to affect--
       (1) any annuity (or other benefit) entitlement to which is 
     based on a separation from service occurring before the date 
     of the enactment of this Act (including any survivor annuity 
     based on the death of the individual who so separated); or
       (2) any other annuity (or benefit), to the extent provided 
     under subsection (e).
       (e) Preservations of Rights Based on Prior Service.--(1) 
     For purposes of determining eligibility for, or the amount 
     of, any annuity (or other benefit) referred to in subsection 
     (d)(2) based on service as a Member of Congress--
       (A) all service as a Member of Congress shall be 
     disregarded except for any such service performed before the 
     date of the enactment of this Act; and
       (B) all pay for service performed as a Member of Congress 
     shall be disregarded other than pay for service which may be 
     taken into account under subparagraph (A).
       (2) To the extent practicable, eligibility for, and the 
     amount of, any annuity (or other benefit) to which an 
     individual is entitled based on a separation of a Member of 
     Congress occurring after such Member becomes ineligible to 
     participate in the Civil Service Retirement System or the 
     Federal Employees' Retirement System (as the case may be) by 
     reason of subsection (a) shall be determined in a manner that 
     preserves any rights to which the Member would have been 
     entitled, as of the date of the enactment of this Act, had 
     separation occurred on such date.
       (f) Regulations.--Any regulations necessary to carry out 
     this section may be prescribed by the Office of Personnel 
     Management and the Executive Director (referred to in section 
     8401(13) of title 5, United States Code) with respect to 
     matters within their respective areas of responsibility.
       (g) Definition.--As used in this section, the terms 
     ``Member of Congress'' and ``Member'' mean any individual 
     under section 8331(2) or 8401(20) of title 5, United States 
     Code.
       (h) Rule of Construction.--Nothing in this section shall be 
     considered to apply with respect to any savings plan or other 
     matter outside of subchapter III of chapter 83 or chapter 84 
     of title 5, United States Code.

     SEC. 3. DISCLOSURE OF ESTIMATES OF FEDERAL RETIREMENT 
                   BENEFITS OF MEMBERS OF CONGRESS.

       (a) In General.--Section 105(a) of the Legislative Branch 
     Appropriations Act, 1965 (2 U.S.C. 104a; Public Law 88-454; 
     78 Stat. 550) is amended by adding at the end thereof the 
     following new paragraph:
       ``(4) The Secretary of the Senate and the Clerk of the 
     House of Representatives shall include in each report 
     submitted under paragraph (1), with respect to Members of 
     Congress, as applicable--
       ``(A) the total amount of individual contributions made by 
     each Member to the Civil Service Retirement and Disability 
     Fund and the Thrift Savings Fund under chapters 83 and 84 of 
     title 5, United States Code, for all Federal service 
     performed by the Member as a Member of Congress and as a 
     Federal employee;
       ``(B) an estimate of the annuity each Member would be 
     entitled to receive under chapters 83 and 84 of such title 
     based on the earliest possible date to receive annuity 
     payments by reason of retirement (other than disability 
     retirement) which begins after the date of expiration of the 
     term of office such Member is serving; and
       ``(C) any other information necessary to enable the public 
     to accurately compute the Federal retirement benefits of each 
     Member based on various assumptions of years of service and 
     age of separation from service by reason of retirement.''.
       (b) Effective Date.--This section shall take effect 1 year 
     after the date of the enactment of this Act.

     SEC. 4. ELIMINATION OF AUTOMATIC ANNUITY ADJUSTMENTS FOR 
                   MEMBERS OF CONGRESS.

       The portion of the annuity of a Member of Congress which is 
     based solely on service as a Member of Congress shall not be 
     subject to a COLA adjustment under section 8340 or 8462 of 
     title 5, United States Code.

     SEC. 5. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS 
                   OF CONGRESS.

       (a) Pay Adjustments.--Paragraph (2) of section 601(a) of 
     the Legislative Reorganization Act of 1946 (2 U.S.C. 31) is 
     repealed.
       (b) Conforming Amendment.--Section 601(a)(1) of such Act is 
     amended--
       (1) by striking ``(a)(1)'' and inserting ``(a)'';
       (2) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively; and
       (3) by striking ``, as adjusted by paragraph (2) of this 
     subsection''.

     SEC. 6. ROLLCALL VOTE FOR ANY CONGRESSIONAL PAY RAISE.

       It shall not be in order in the Senate or the House of 
     Representatives to dispose of any amendment, bill, 
     resolution, motion, or other matter relating to the pay of 
     Members of Congress unless the matter is decided by a 
     rollcall vote.

     SEC. 7. TRAVEL AWARDS FROM OFFICIAL TRAVEL OF A MEMBER, 
                   OFFICER, OR EMPLOYEE OF THE HOUSE OF 
                   REPRESENTATIVES TO BE USED ONLY WITH RESPECT TO 
                   OFFICIAL TRAVEL.

       (a) In General.--Notwithstanding any other provision of 
     law, or any rule, regulation, or other authority, any travel 
     award that accrues by reason of official travel of a Member, 
     officer, or employee of the House of Representatives may be 
     used only with respect to official travel.
       (b) Regulations.--The Committee on House Oversight of the 
     House of Representatives shall have authority to prescribe 
     regulations to carry out this section.
       (c) Definitions.--As used in this section--
       (1) the term ``travel award'' means any frequent flier 
     mileage, free travel, discounted travel, or other travel 
     benefit, whether awarded by coupon, membership, or otherwise; 
     and
       (2) the term ``official travel'' means, with respect to the 
     House of Representatives, travel performed for the conduct of 
     official business of the House of Representatives.

     SEC. 8. BAN ON MASS MAILINGS.

       (a) In General.--(1) Paragraph (6)(A) of section 3210(a) of 
     title 39, United States Code, is amended to read as follows:
       ``(6)(A) It is the intent of Congress that a Member of, or 
     Member-elect to, Congress may not mail any mass mailing as 
     franked mail.''.
       (2) The second sentence of section 3210(c) of title 39, 
     United States Code, is amended by striking ``subsection (a) 
     (4) and (5)'' and inserting ``subsection (a) (4), (5), and 
     (6)''.
       (b) Technical and Conforming Amendments.--(1) Section 3210 
     of title 39, United States Code, is amended--
       (A) in subsection (a)(3)--
       (i) in subparagraph (G) by striking ``, including general 
     mass mailings,''; and
       (ii) in subparagraphs (I) and (J) by striking ``or other 
     general mass mailing'';
       (B) in subsection (a)(6) by repealing subparagraphs (B), 
     (C), and (F), and the second sentence of subparagraph (D);
       (C) by repealing paragraph (7) of subsection (a); and
       (D) by repealing subsection (f).
       (2) Section 316(a) of the Legislative Branch Appropriations 
     Act, 1990 (39 U.S.C. 3210 note) is repealed.
       (3) Subsection (f) of section 311 of the Legislative Branch 
     Appropriations Act, 1991 (2 U.S.C. 59e(f)) is repealed.

[[Page S 16829]]

       (c) Effective Date.--The amendments made by this section 
     shall take effect at the beginning of the Congress next 
     beginning after the date of the enactment of this Act.

     SEC. 9. RESTRICTIONS ON USE OF MILITARY AIR COMMAND BY 
                   MEMBERS OF CONGRESS.

       (a) Restrictions.--(1) Chapter 157 of title 10, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 2643. Restrictions on provision of air transportation 
       to Members of Congress

       ``(a) Restrictions.--A Member of Congress may not receive 
     transportation in an aircraft of the Military Air Command 
     unless--
       ``(1) the transportation is provided on a space-available 
     basis as part of the scheduled operations of the military 
     aircraft unrelated to the provision of transportation to 
     Members of Congress;
       ``(2) the use of the military aircraft is necessary because 
     the destination of the Member of Congress, or an airfield 
     located within reasonable distance of the destination, is not 
     accessible by regularly scheduled flights of commercial 
     aircraft; or
       ``(3) the use of the military aircraft is the least 
     expensive method for the Member of Congress to reach the 
     destination by aircraft, as demonstrated by information 
     released before the trip by the member or committee of 
     Congress sponsoring the trip.
       ``(b) Destination.--In connection with transportation 
     provided under subsection (a)(1), the destination of the 
     military aircraft may not be selected to accommodate the 
     travel plans of the Member of Congress requesting such 
     transportation.
       ``(c) Aircraft Defined.--For purposes of this section, the 
     term `aircraft' includes both fixed-wing airplanes and 
     helicopters.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``2643. Restrictions on provision of air transportation to Members of 
              Congress.''.

       (b) Effect on Members Currently Receiving Transportation.--
     Section 2643 of title 10, United States Code, as added by 
     subsection (a), shall not apply with respect to a Member of 
     Congress who, as of the date of the enactment of this Act, is 
     receiving air transportation or is scheduled to receive 
     transportation in an aircraft of the Military Air Command 
     until the Member completes the travel plans for which the 
     transportation is being provided or scheduled.

     SEC. 10. PROHIBITION ON USE OF MILITARY MEDICAL TREATMENT 
                   FACILITIES BY MEMBERS OF CONGRESS.

       (a) Prohibition.--(1) Chapter 55 of title 10, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1107. Prohibition on provision of medical and dental 
       care to Members of Congress

       ``A Member of Congress may not receive medical or dental 
     care in any facility of any uniformed service unless--
       ``(1) the Member of Congress is eligible or entitled to 
     such care as a member or former member of a uniformed service 
     or as a covered beneficiary; or
       ``(2) such care is provided on an emergency basis unrelated 
     to the person's status as a Member of Congress.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``1107. Prohibition on provision of medical and dental care to Members 
              of Congress.''.

       (b) Effect on Members Currently Receiving Care.--Section 
     1107 of title 10, United States Code, as added by subsection 
     (a), shall not apply with respect to a Member of Congress who 
     is receiving medical or dental care in a facility of the 
     uniformed services on the date of the enactment of this Act 
     until the Member is discharged from that facility.

     SEC. 11. ELIMINATION OF CERTAIN RESERVED PARKING AREAS AT 
                   WASHINGTON NATIONAL AIRPORT AND WASHINGTON 
                   DULLES INTERNATIONAL AIRPORT.

       (a) In General.--Effective 30 days after the date of the 
     enactment of this section, the Airports Authority--
       (1) shall not provide any reserved parking areas free of 
     charge to Members of Congress, other Government officials, or 
     diplomats at Washington National Airport or Washington Dulles 
     International Airport; and
       (2) shall establish a parking policy for such airports that 
     provides equal access to the public, and does not provide 
     preferential parking privileges to Members of Congress, other 
     Government officials, or diplomats.
       (b) Definitions.--As used in this section, the terms 
     ``Airports Authority'', ``Washington National Airport'', and 
     ``Washington Dulles International Airport'' have the same 
     meanings as in section 6004 of the Metropolitan Washington 
     Airports Act of 1986 (49 U.S.C. App. 2453).

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