[Congressional Record Volume 141, Number 183 (Friday, November 17, 1995)]
[Senate]
[Pages S17336-S17348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. PRESSLER:
  S. 1418. A bill to provide for the more effective implementation of 
the prohibition against the payment to prisoners of supplemental 
security income benefits under title XVI of the Social Security Act or 
monthly benefits under title II of such Act, and to deny such 
supplemental security income benefits for 10 years to a person found to 
have fraudulently obtained such benefits while in prison; to the 
Committee on Finance.


                   the prisoner fraud prevention act

  Mr. PRESSLER. Mr. President, today I am introducing the Prisoner 
Fraud Prevention Act. This legislation would crack down on prisoners 
who continue to commit crime from behind bars by cheating American 
taxpayers and our welfare system. Recently the Senate passed H.R. 4, 
comprehensive welfare reform legislation. This bill would go a long way 
toward reducing fraud and abuse in the Supplemental Security Income 
(SSI) program. The legislation I am introducing today would take our 
anti-fraud efforts one step further.
  Under current law, it is illegal for prisoners to receive SSI 
payments while incarcerated. To carry out this mandate, the Social 
Security Administration enters into agreements with federal and state 
prisons to collect the names of inmates. However, these agreements do 
not completely prevent inmates from fraudulently receiving benefits, 
because about one-third of prisoners in the U.S. are held in county 

[[Page S 17337]]
jails. Unbeknownst to the Social Security Administration, these local 
prisoners often continue to receive SSI payments.
  The legislation I am introducing today would offer local sheriffs an 
incentive to work with the Social Security Administration to stop 
payment of these fraudulent benefits. The bill would reward sheriffs 
who voluntarily turn inmate lists over to the Social Security 
Administration by allowing them to keep one-half of the value of the 
first checks that are intercepted. This would speed up the process of 
removing prisoners from SSI rolls as well as catch those prisoners who 
slipped through the system. This is a money saver for American 
taxpayers. In fact, the Congressional Budget Office (CBO) estimated 
that this proposal would save $127 million over five years.
  Additionally, this legislation would bar anyone who received SSI 
fraudulently while in prison from receiving benefits for the next ten 
years.
  By allowing sheriffs to collect a ``bounty'', we can do a number of 
positive things: we can provide some seed money for local law 
enforcement and help put an end to the abuse for which the SSI program 
unfortunately has become famous. This type of abuse is an insult both 
to hard-working taxpayers who struggle daily without government 
assistance as well as families on assistance who play by the rules. 
Congress must take a no-tolerance stance toward fraud and abuse of 
public assistance. This bill establishes the get-tough approach we 
need.
  I am pleased that the National Sheriffs Association has endorsed this 
legislation. I hope my colleagues will join me in sponsoring it.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
       There being no objection, the bill was ordered to be 
     printed in the Record, as follows:

                                S. 1418

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

     SECTION 1. SHORT TITLE.

       This bill may be cited as the ``Prisoner Fraud Prevention 
     Act''.

     SEC. 2. IMPLEMENTATION OF PROHIBITION AGAINST PAYMENT OF 
                   BENEFITS TO PRISONERS.

       (a) SSI Benefits.--Section 1611(e)(1) of the Social 
     Security Act (42 U.S.C. 1382(e)(1)) is amended by adding at 
     the end the following:
       ``(I) The Commissioner shall enter into a contract with any 
     interested State or local institution referred to in 
     subparagraph (A), under which--
       ``(i) the institution shall provide to the Commissioner, on 
     a monthly basis, the names of, and other identifying 
     information about, the inmates of the institution; and
       ``(ii) the Commissioner shall pay to the institution, with 
     respect to each inmate of the institution who, by reason of 
     this paragraph, is ineligible for a benefit under this title, 
     and who is found by the Commissioner to have been erroneously 
     paid a benefit under this title while such an inmate, an 
     amount equal to 50 percent of the monthly amount most 
     recently erroneously so paid to the inmate.''.
       (b) OASDI Benefits.--Section 202(x)(3) of such Act (42 
     U.S.C. 402(x)(3)) is amended--
       (1) by inserting ``(A)'' after ``(3)''; and
       (2) by adding at the end the following:
       ``(B) The Commissioner shall enter into a contract with any 
     interested State or local institution described in clause (i) 
     or (ii) of paragraph (1)(A) the primary purpose of which is 
     to confine individuals as described in paragraph (1)(A), 
     under which--
       ``(i) the institution shall provide to the Commissioner, on 
     a monthly basis, the names of, and other identifying 
     information about, the individuals so confined in the 
     institution; and
       ``(ii) the Commissioner shall pay to any such institution, 
     with respect to each individual found by the Commissioner to 
     have been erroneously paid a benefit under this title while 
     so confined in the institution, an amount equal to 50 percent 
     of the monthly amount most recently erroneously so paid to 
     the individual.''.

     SEC. 3. DENIAL OF SSI BENEFITS FOR 10 YEARS TO A PERSON FOUND 
                   TO HAVE FRAUDULENTLY OBTAINED SSI BENEFITS 
                   WHILE IN PRISON.

       Section 1611(e)(1) of the Social Security Act (42 U.S.C. 
     1382(e)(1)), as amended by section 1 of this Act, is amended 
     by adding at the end the following:
       ``(J) A person shall not be an eligible individual or 
     eligible spouse for purposes of this title if--
       ``(i) the Commissioner finds that the person has made a 
     fraudulent statement or representation in order to obtain 
     benefits under this title while serving a prison sentence; 
     and
       ``(ii) the 10-year period that begins with the date the 
     person has completed the sentence has not expired.''.
                                 ______

      By Mrs. KASSEBAUM (for herself, Mr. Leahy, Mr. Feingold, Mr. 
        Jeffords, Mr. Simon, Mr. Wellstone, Mr. Pell, Mr. Gregg, and 
        Mr. McCain):
  S. 1419. A bill to impose sanctions against Nigeria; to the Committee 
on Foreign Relations.


                       THE NIGERIA DEMOCRACY ACT

  Mrs. KASSEBAUM. Mr. President, I rise today to introduce legislation 
on behalf of myself, Senators Leahy, Feingold, and others, imposing 
sanctions against the Government of Nigeria.
  Before I explain a bit about this legislation, let me just say I very 
much appreciate being able to introduce it at this point, because I 
know we are anxious to begin the debate on the Balanced Budget Act of 
1995, a very important piece of legislation, but there has been a 
tragic occurrence and an escalation of events in Nigeria which I think 
needs to be addressed.
  Last week, the Nigerian military regime, led by General Sani Abacha, 
executed nine Nigerian political activists, including Ken Saro-Wiwa, 
following a seriously flawed judicial proceeding. This action, in the 
face of international pleas for clemency, is the latest in a series of 
very tragic, tragic, outrageous actions by the Nigerian military 
government.
  Until this last atrocity, the international community had engaged in 
a policy of limited sanctions and diplomatic engagement. In Congress, 
we sent letters expressing our concern. We engaged the Nigerian 
Ambassador. We held hearings. But the situation has reached the point 
where we simply must respond in a forceful and clear manner.
  Nigeria is a country heading for collapse, Mr. President. Its 
economic system has deteriorated dramatically. Political repression 
continues to grow. Ethnic tensions have increased.
  General Abacha and Nigerian military leadership must understand that 
their isolation will only increase unless they move toward respecting 
human rights and a civilian democratic government.
  Nigeria is a country that has enormous potential, enormous resources 
to call upon, and it can only be a real tragedy for the African 
Continent and the rest of the world to see this collapse into such a 
very tragic situation.
  The legislation that we are introducing today imposes a series of 
sanctions against the Nigerian Government. It codifies the number of 
sanctions already imposed by the administration, including a ban on 
foreign aid, military sales and export financing; a termination of air 
flights between Nigeria and the United States; an end to U.S. support 
for Nigeria at the World Bank, IMF and other international financial 
institutions; and a visa ban on any Nigerian who formulates, implements 
or benefits from policies which hinder Nigeria's transition to 
democracy.
  The legislation also imposes several new tough sanctions. It bans all 
new United States investment in Nigeria, including in the energy 
sector. While some may argue that this step may hurt U.S. businesses, 
there can be no doubt that the Nigerian regime profits from American 
investment. Several large projects under consideration personally 
benefit the top Nigerian leadership.

  It also freezes the personal assets of the top officials of the 
Nigerian regime. If these leaders pull the country into a downward 
spiral of repression and economic decline, there will be a personal 
cost to them.
  It expresses a sense of Congress that the international community 
should consider suspending Nigeria from international sports 
competitions. South Africa recently expelled Nigeria from a soccer 
tournament. We should consider following their example in other fora.
  In addition, recognizing the importance of multilateral action, the 
legislation urges the President to build international support for 
other actions, including a U.N. arms embargo, a multilateral oil 
embargo and a U.N. Human Rights Commission condemnation.
  It is critical that the United States work closely with other members 
of the international community, particularly Great Britain and South 
Africa, in this effort to promote democratic change in Nigeria.
  Finally, the legislation makes clear our intent to pursue even 
tougher sanctions if the Nigerian regime continues its brutal and 
lawless ways. 

[[Page S 17338]]

  I am one who believes we must be very cautious in applying sanctions 
against foreign governments, but I believe the situation in Nigeria has 
reached the point where we must send an unambiguous and tough signal to 
General Abacha. We will not stand by idle as he drags his country into 
chaos. If General Abacha would move toward respecting human rights and 
instituting a new civilian regime, the sanctions would be lifted and we 
would welcome Nigeria back as a partner and friend in the international 
community. If he continues to move in the wrong direction, the 
isolation will grow and the economic price will be high.
  Mr. President, I know that Senator Leahy has long been interested and 
concerned about this situation, as has Senator Feingold. I welcome the 
opportunity to have them speak to this issue as well. I yield the 
floor, Mr. President.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I thank the Senator from Kansas. I note 
that this is introduced on behalf of her, myself and cosponsored by the 
Senator from Wisconsin, Mr. Feingold. I ask unanimous consent that when 
it is introduced, also added after us as a cosponsor be the Senator 
from Minnesota, Mr. Wellstone.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, I am proud to join with Senator Kassebaum 
on this. I am sad that it is necessary that we do this. Last week, 
people around the world were horrified to learn that Ken Saro-Wiwa, who 
was a respected Nigerian writer, a human rights activist, known not 
only throughout Nigeria but around the world, was executed, along with 
others, after a flagrantly unfair trial by a military court.
  The legislation we introduce today is a tribute to Mr. Saro-Wiwa and 
to other Nigerians who have given their lives--and there are others--or 
languish in prison because of the pursuit of democracy and a better 
life for the Nigerian people.
  On November 10, Mr. Saro-Wiwa, who was a member of the Ogoni Tribe 
who live in poverty in the rich, oil-producing delta region of southern 
Nigeria, was hanged with eight of his colleagues. They had been accused 
of inciting the murder of four other Ogoni leaders.
  Ken Saro-Wiwa and his colleagues were the latest casualties of one of 
the most brutal military regimes in the world. Gen. Sani Abacha, who 
seized power in a 1993 coup, has mimicked the tyrannical rule of his 
African neighbor, President Mobutu of Zaire, who plundered his country 
and killed or imprisoned anyone who dared to oppose him.
  President Mobutu will go down as one of the great tyrants of this 
century, one of the greatest robbers of this century, and General 
Abacha seems to be trying to catch up.
  Like Mobutu, General Abacha has become a multimillionaire, while 
Nigeria, a country with enormous human and economic potential, the most 
populous country in sub-Saharan Africa, has been brutalized and 
impoverished. Saro-Wiwa's execution is part of a countrywide repression 
of utter brutality, marked by arbitrary arrests, detention without 
trial, kangaroo courts when trials do take place, and prisons so 
appalling that death might be preferable.
  Despite claims that he is leading Nigeria to democracy and civilian 
government, there is absolutely no reason to believe that General 
Abacha will ever willingly give up power. His hands are too bloody to 
risk the restoration of the rule of law in Nigeria.
  Today in Ogoniland, armed troops encircle the cemetery where Saro-
Wiwa is buried to prevent access by the public, and anyone caught with 
a photograph of him is arrested. The Washington Post reports today that 
there may be even more executions in the coming days.
  Mr. President, along with others, I sought clemency for Ken Saro-Wiwa 
for more than 1 year. I wrote to the Nigerian Foreign Minister, the 
Nigerian Ambassador, the Secretary of State, and have even appealed to 
other African leaders on his behalf. All to no avail. While I was not 
privy to the evidence against Mr. Saro-Wiwa, I believed strongly, like 
so many others, that the Nigerian Government should have either 
released him or tried him in a civil court in accordance with due 
process.
  There is no doubt that General Abacha wanted to silence Ken Saro-
Wiwa. He had led a popular campaign against the oil companies that have 
ravaged and poisoned the land of his people. Oil accounts for 90 
percent of Nigeria's export earnings, and whoever controls it controls 
the country's wealth, and controls the Nigerian Army. General Abacha 
apparently decided that he was better off with Saro-Wiwa dead, rather 
than as a continuing champion of Ogoni resistance. He probably figured 
that the rest of the world would forget him.
  The world will not soon forget Ken Saro-Wiwa. He was a champion of 
the rights of his people, and a world leader in the struggle to protect 
the environment. While our efforts to save his life ultimately failed, 
his memory inspires us to support the cause for which he and others 
gave their lives.
  This bill aims to support and strenthen the measures already taken by 
the administration, both before and since Mr. Saro-Wiwa's execution. In 
addition, it prohibits new United States investment in Nigeria, 
including investment in a liquefied natural gas project that the 
International Finance Corporation has refused to finance, and which 
General Abacha reportedly has a personal interest in.
  It also freezes the assets of Nigerians who are responsible for or 
benefit from policies which hinder Nigeria's transition to democracy. 
The Nigerian Government should think long and hard before it retaliates 
against American assets in Nigeria, because there is far more that we 
can do.
  Of particular importance, the legislation calls on the President to 
actively seek multilateral support for these sanctions in the United 
Nations. We are already hearing of similar steps by the European 
community, but frankly the response of the international community has 
been shamefully timid. The United States has even run into resistance 
at the United Nations to a resolution condemning Nigeria for executing 
Saro-Wiwa. And Shell Oil, which derives a seventh of its global 
production of oil from Nigeria, seems to care about nothing but its own 
profits.
  These and other sanctions are modeled on the sanctions we imposed 
against South Africa in the 1980's. They may be waived by the President 
if the Nigerian Government releases political prisoners, and 
demonstrates a commitment to human rights and an unequivocal commitment 
to democratic government.
  We also provide a waiver if the President determines it is important 
to the national interest. This was included, in part, to encourage the 
Nigerian Government to increase its cooperation in counternarcotics. 
Nigeria is a center of drug trafficking and money laundering, and the 
United States has a strong interest in obtaining the Nigerian 
Government's cooperation to curtail it.
  But the real trigger in this legislation is General Abacha himself. 
If he continues to imprison and murder his political opponents, the 
sanctions will get even stronger. We will consider everything including 
an oil embargo. Nigeria will become even further isolated, and General 
Abacha will eventually go the way of other African tyrants--forced from 
power and either shot or imprisoned, or sent into exile overturned in a 
coup. If, on the other hand, he decides to respect the rights of his 
people, the sanctions will end.
  I am not so naive to believe that General Abacha will comply with the 
conditions in this legislation. His decision to execute Ken Saro-Wiwa 
was a sign that he would rather be branded an international pariah, 
than save his country from ruin. But the choice is his.
  Mr. President, I also want to mention the oil companies who were the 
focus of Ken Saro-Wiwa's campaign. Had it not been for the 
environmental damage they have caused in Ogoniland, I suspect Ken Saro-
Wiwa would be alive today.
  We have not included sanctions against the oil companies in this 
legislation, but we expressly reserve the right to do so if the 
situation does not improve in Nigeria. Only 10 percent of our oil comes 
from Nigeria, but that 10 percent comprises 40 percent of Nigeria's 
total oil exports.
  I strongly urge those companies, whether they are American companies 

[[Page S 17339]]
  or foreign companies, to reconsider their activities in Nigeria. They 
are responsible for propping up an extraordinarily brutal and corrupt 
regime, and for destroying the livelihoods of many of the poorest 
people in Nigeria, the people who Ken Saro-Wiwa gave his life for. 
Private business has a responsibility to the betterment of society, not 
only to accruing profits. If there ever were a place to apply that 
principle it is in Nigeria today.
  Mr. President, we cannot bring Ken Saro-Wiwa back to life, but as he 
said before he was executed, his words will live on. This legislation 
aims to carry on the campaign he gave his life for.
  Mr. President, I ask unanimous consent that an article in today's New 
York Times on the recent arrest of nine Nigerian human rights 
activists, be printed in the Record.
  There being no objection, the article was ordered to be printed in 
the Record, as follows:

                [From the New York Times, Nov. 17, 1995]

    Rights Group Says Nigeria Seized 9 to Thwart Protest of Hangings

       Lagos, Nigeria, November 16.--A Nigerian human rights 
     organization said today that nine of its members had been 
     arrested because the military Government feared they were 
     about to protest publicly against the execution of nine 
     Government critics last week.
       Jiti Ogunye, secretary general of the Committee for the 
     Defense of Human Rights, said two student union leaders in 
     the university in Benin were arrested on Wednesday and the 
     other members of the group were arrested here last week. 
     ``All of them are detained in the Lagos police headquarters 
     but we have been denied access to them,'' he said.
       There was no official confirmation of the arrests.
       Nigeria's military rulers provoked international outrage on 
     Friday after the hanging of Ken Saro-Wiwa, a prominent 
     Nigerian author, and eight other campaigners for minority 
     rights. They were sentenced by a tribunal for the murder of 
     four pro-Government chiefs in the oil-rich Ogoniland region. 
     They had been campaigning for compensation for the Ogoni 
     tribe in the southeast for oil produced there for decades by 
     multinational corporations, principally the Anglo-Dutch oil 
     giant Shell.
       Gen. Sani Abacha, Nigeria's ruler, in his first reaction to 
     the international furor over the hanging of the rights 
     activists, accused foreign powers of interference, local 
     newspapers reported.
       Several nations have recalled their ambassadors to protest 
     the executions, Nigeria has recalled its own envoys in 
     retaliation.
       The United States and Britain--Nigeria's former colonial 
     ruler--imposed an arms embargo on Lagos and the European 
     Union froze development aid.
       In Strasbourg today, the European Parliament urged the 
     European Union to impose an oil embargo on Nigeria, but a 
     European Union diplomat in Brussels said an effective embargo 
     could only be carried out through the United Nations Security 
     Council, ``and I don't think the votes are there.''

  Mr. FEINGOLD addressed the Chair.
  The PRESIDING OFFICER. The Senator from Wisconsin is recognized.
  Mr. FEINGOLD. Mr. President, I am proud to join with my colleagues in 
introducing the Nigeria Democracy Act. I appreciate the statements of 
the Senator from Kansas and the Senator from Vermont. This tough 
sanctions measure comes on the heels of the chilling execution of 9 
human rights activists, including renowned playwright Mr. Ken Saro 
Wiwa, in Nigeria on Friday, and at a time when the regime of General 
Sani Abacha has intensified its crackdown against its own people.

  The bill we are introducing today is intended to ratchet up the 
pressure on this brutal military regime, and improve the protection of 
basic human rights in Nigeria and indeed the whole region. Let this 
measure be a warning that if the human rights situation deteriorates--
that is, if any more political prisoners are executed, or more decrees 
violating basic human rights are enacted--the United States will 
respond with yet harsher measures, and will actively seek multilateral 
support from our friends and allies. The reported arrest of 9 more 
human rights activists peacefully protesting last week's executions is 
not a good sign.
  Mr. President, Nigeria has the potential to become a major world 
trading partner, and an influential member of the international 
community. Yet General Abacha is squandering his country with rampant 
corruption; brutal policies of repression and execution; and severe 
economic mismanagement.
  Some observers will say that General Abacha is simply trying to 
maintain the integrity of Nigeria while the country adjusts to a 
drastic political change. I am wholly unconvinced, however, that the 
murder, assault, and suppression that Abacha has engaged in will hold 
the country together; in fact, I believe that as a consequence of the 
repression, Nigeria is more likely to break out in civil war.
  Mr. President, I applaud the steps the administration has taken thus 
far on Nigeria. But I think we should take an even tougher stand with 
General Abacha at this point. Engagement has not worked, as witnessed 
in last Friday's executions. International pleas to commute the death 
sentences and to re-try the defendants were ignored. Faxes and phone 
calls from several of us introducing this bill today to Nigerian 
officials were never returned. I am not persuaded that engagement and 
dialog with Abacha has been terribly effective.
  The Nigeria Democracy Act will codify the sanctions already ordered 
by the President, and would impose further sanctions on Nigeria as 
well. Many of the measures suggested in this bill come from the 
Comprehensive Anti-Apartheid Act, which was quite successful in helping 
to secure democratic transition in South Africa. In fact, it was 
Nigeria, ironically, that led the world in sanctioning South Africa for 
its human rights abuses under apartheid.
  As the Chair has indicated, one of the toughest measures in this bill 
is a prohibition on new investment in Nigeria, including banning United 
States firms from investing in Shell Oil's ill-timed, $3.8 
billion project in Bonny, Nigeria, which was reported yesterday.

  While I believe there are moral and strategic benefits in the United 
States acting unilaterally, of course, it would be better and I would 
prefer to see these sanctions to be applied multilaterally. Thus, our 
bill also directs the President to urge actively other countries to 
join our sanctions effort in order to promote human rights and 
democracy in Nigeria.
  Mr. President, as the Senator from Vermont suggests, perhaps we 
should also take a look at an oil embargo, either unilateral or 
multilateral, at this time.
  Since over 90 percent of Nigeria's foreign exchange income comes from 
its oil industry--and since Abacha personally benefits from most of 
these sales through corruption--it makes sense that an oil embargo 
would hit the regime hard. I am also deeply disappointed in how Shell 
Oil has conducted itself in the midst of this turmoil. However, there 
are other considerations to look at seriously as well, and over the 
next few weeks I will be carefully considering the intricacies and 
complexities of such an oil embargo proposal.
  For the moment, though, let me conclude by saying I believe the bill 
we are introducing takes a responsible approach in urging the President 
to build support for a multilateral oil embargo. Grassroots support for 
such an initiative seems to be growing. South African President Nelson 
Mandela, who before the executions was advocating diplomatic engagement 
with the Nigerians, came out yesterday in support of an oil embargo 
against the Abacha regime. If the situation deteriorates, we must 
prepare for such an action.
  Let me congratulate the Chair of the subcommittee, Senator Kassebaum, 
on her initiative. I look forward to working with my colleagues on this 
bill in the coming months.
  Our bill will not bring back Ken Saro-Wiwa and the other executed 
activists. But perhaps it will help create an environment in which 
oppression and brutality like that already exhibited will no longer be 
tolerated.
  Mr. FEINGOLD. I ask unanimous consent that Senator McCain and Senator 
Pell be added as cosponsors.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  By Mr. STEVENS (for himself, Mr. Breaux, Mr. Chafee, Mr. Johnston, 
and Mr. Murkowski):
  S. 1420. A bill to amend the Marine Mammal Protection Act of 1972 to 
support International Dolphin Conservation Program in the eastern 
tropical Pacific Ocean,and for other purposes; to the Committee on 
Commerce, Science, and Transportation.


           THE INTERNATIONAL DOLPHIN CONSERVATION program ACT

  Mr. STEVENS. Mr. President, today I am introducing legislation to 
allow for the domestic implementation of an international agreement 
relating to 

[[Page S 17340]]
the protection of dolphins and harvest of tuna in the eastern tropical 
Pacific Ocean (ETP).
  Senators Breaux, Chafee, Johnston, and Murkowski join me as original 
cosponsors of this legislation.
  On October 4, 1995, twelve nations agreed in the ``Declaration of 
Panama'' in Panama City, Panama, to seek to create a legally binding 
instrument to reduce dolphin mortality in the ETP.
  The instrument is to be based on the La Jolla Agreement, a 
multilateral nonbinding agreement adopted in 1992, which included 
annual and per-vessel limits on dolphin mortality and observer coverage 
standards for tuna vessels. It will be called the ``International 
Dolphin Conservation Program'' (IDCP).
  In addition to strengthening the La Jolla provisions and continuing 
the La Jolla goal of reducing and eventually eliminating dolphin 
mortality in the ETP, this new binding agreement will: first, improve 
conservation and management measures for tuna stocks and other living 
marine resources in the ETP; second, reduce the bycatch of juvenile 
yellowfin tuna and nontarget species; and third, establish a system of 
incentives to vessel captains to continue to reduce dolphin mortality.
  Under existing U.S. law (16 U.S.C. 307(a)), tuna that is caught using 
a purse seine net intentionally deployed on or to encircle dolphin 
cannot be labeled as ``dolphin safe'' and is prohibited (since June 1, 
1994) from being sold in the United States.
  The successful adoption of the binding agreement envisioned in the 
Declaration of Panama is contingent upon a change in U.S. law to allow 
``dolphin safe'' to mean tuna that is caught by a vessel in a set in 
which no dolphin mortality occurred. This would mean that tuna caught 
in a purse seine net intentionally deployed to encircle dolphins could 
be labeled as ``dolphin safe'' and imported into the United States, as 
long as no dolphin mortality occurred during the set.
  The legislation we are introducing today would make this change to 
the Marine Mammal Protection Act (MMPA). Since the passage of the MMPA 
in 1972, dolphin mortality in the ETP has been reduced from over 
400,000 per year, to below 5,000 in 1994.
  The countries that have continued to fish for tuna by encircling 
dolphins have shown that it can be done without killing dolphins.
  We've learned from our own fishermen that alternative methods, such 
as setting on logs, can result in substantial bycatch of nontarget 
species and juvenile tuna.
  The IDCP would make binding an ETP mortality limit of 5,000 dolphins 
and allow encirclement to continue, but would maintain the goal of 
eliminating dolphin mortality altogether in the ETP. The IDCP would, 
for the first time, provide international species-specific mortality 
limits that will help guarantee the recovery of individual dolphin 
species. The IDCP and legislation we are proposing today will give U.S. 
consumers a guarantee that no dolphin mortality occurred when the tuna 
they bought was caught.
  It will allow U.S. fishermen to encircle dolphins in the course of 
tuna fishing, but require them to comply with the dolphin mortality 
caps and provisions of the IDCP to reduce mortality, and will prohibit 
them from selling tuna in the United States if dolphin were killed when 
the tuna was caught.
  Specifically, the bill we are proposing would implement the IDCP 
through changes to the MMPA that would: prohibit the importation of 
yellowfin tuna caught with purse seine nets in the ETP unless the tuna 
was caught by the vessel of a nation participating in, and in 
compliance with, the IDCP; prohibit tuna caught in the ETP from being 
labeled as ``dolphin safe'' unless both the captain of the vessel and 
an observer approved under the IDCP have certified that no dolphins 
were killed during the set in which the tuna was caught; direct the 
Secretary of Commerce to implement regulations for U.S. tuna vessels 
fishing in the ETP under the IDCP, including regulations to require 
observers on each vessel; give the Secretary of Commerce emergency 
regulatory authority to reduce mortality and injury of dolphins; 
require research on (among other things) the effect of the encirclement 
on dolphins by purse seine nets; implement a new permitting system, 
which includes permit sanctions, to allow U.S. vessels to fish for tuna 
in the ETP; make it unlawful to sell or ship tuna in the United States 
unless it is dolphin safe or has been harvested in compliance with the 
IDCP; and create a general advisory committee and scientific advisory 
committee to assist the U.S. section to the IDCP.
  These changes to the MMPA would take effect once the Secretary of 
State has certified that the legally binding instrument establishing 
the IDCP has been adopted.
  This legislation supports the goals of La Jolla Agreement and the 
Declaration of Panama, and will set a strong example for other nations 
to follow in joining and implementing the IDCP.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1419

       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 
     ``International Dolphin Conservation Program Act''.
       (b) References to Marine Mammal Protection Act.--Except as 
     otherwise expressly provided, 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 Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1361 et seq.).

     SEC. 2. PURPOSE AND FINDINGS.

       (a) Purpose.--The purpose of this Act is to give effect to 
     the Declaration of Panama, signed October 4, 1995, by the 
     Governments of Belize, Colombia, Costa Rica, Ecuador, France, 
     Honduras, Mexico, Panama, Spain, the United States of 
     America, Vanuatu and Venezuela, including the establishment 
     of the International Dolphin Conservation Program, relating 
     to the protection of dolphins and other species, and the 
     conservation and management of tuna in the eastern tropical 
     Pacific Ocean.
       (b) Findings.--The Congress finds that twelve nations, 
     including the United States, agreed in the Declaration of 
     Panama to, among other things--
       (1) require that the total annual dolphin mortality in the 
     purse seine fishery for yellowfish tuna in the eastern 
     tropical Pacific Ocean not exceed 5,000, with the commitment 
     and objective to progressively reduce dolphin mortality to 
     levels approaching zero through the setting of annual limits;
       (2) establish a per-stock per-year mortality limit up to 
     the year 2001 of between 0.2 percent and 0.1 percent of the 
     minimum population estimate;
       (3) starting with the year 2001, require that the per-stock 
     per-year mortality of dolphin not exceed 0.1 percent of the 
     minimum population estimate;
       (4) require that in the event that the mortality limits in 
     paragraphs (1), (2), or (3) are exceeded, all sets on 
     dolphins in the case of paragraph (1), or sets on such stock 
     and any mixed schools containing members of such stock in the 
     case of paragraph (2) or (3), shall cease for that fishing 
     year; in the case of paragraph (2), to conduct a scientific 
     review and assessment in 1998 of progress toward the year 
     2000 objective and consider recommendations as appropriate; 
     and, in the case of paragraph (3), to conduct a scientific 
     review and assessment regarding that stock or those stocks 
     and consider further recommendations;
       (5) establish a per-vessel maximum annual dolphin mortality 
     limit consistent with the established per-year mortality 
     caps; and
       (6) provide a system of incentives to vessel captains to 
     continue to reduce dolphin mortality, with the goal of 
     eliminating dolphin mortality.

     SEC. 3. DEFINITIONS.

       Section 3 (16 U.S.C. 1362) is amended by adding at the end 
     the following new paragraphs:
       ``(28) The term `International Dolphin Conservation 
     Program' means the international program established by the 
     agreement signed in La Jolla, California, in June 1992, as 
     formalized, modified, and enhanced in accordance with the 
     Declaration of Panama.
       ``(29) The term `Declaration of Panama' means the 
     declaration signed in Panama City, Republic of Panama, on 
     October 4, 1995.''.

     SEC. 4. AMENDMENT TO TITLE I.

       (a) Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended--
       (1) by inserting in the first sentence ``, and 
     authorizations may be granted under Title III with respect to 
     the yellowfin tuna fishery of the eastern tropical Pacific 
     Ocean, subject to regulations prescribed under that title by 
     the Secretary without regard to section 103'' before the 
     period; and
       (2) by striking the semicolon in the second sentence and 
     all that follows through ``practicable''.
       (b) Section 101(a)(2)(B) (16 U.S.C. 1371(a)(2)(B)) is 
     amended to read as follows:
       ``(B) in the case of yellowfin tuna harvested with purse 
     seine nets in the eastern 

[[Page S 17341]]
     tropical Pacific Ocean, and products therefrom, to be exported to the 
     United States, shall require that the government of the 
     exporting nation provide documentary evidence that--
       ``(i) the tuna or products therefrom were not banned from 
     importation under section 101(a)(2) before the effective date 
     of this section; or
       ``(ii) the tuna or products therefrom were harvested after 
     the effective date of this section by vessels of a nation 
     which participates in the International Dolphin Conservation 
     Program, and such harvesting nation is either a member of the 
     Inter-American Tropical Tuna Commission or has initiated 
     steps, in accordance with Article V, paragraph 3 of the 
     Convention establishing the Inter-American Tropical Tuna 
     Commission, to become a member of that organization,

     except that the Secretary shall not accept such documentary 
     evidence as satisfactory proof for purposes of this paragraph 
     if--
       ``(I) the government of the harvesting nation does not 
     authorize the Inter-American Tropical Tuna Commission to 
     release sufficient information to the Secretary to allow a 
     determination of compliance with the International Dolphin 
     Conservation Program; or
       ``(II) after taking into consideration this information, 
     findings of the Inter-American Tropical Tuna Commission, and 
     any other relevant information, including but not limited to 
     information that a nation is consistently failing to take 
     enforcement actions on violations which diminish the 
     effectiveness of the International Dolphin Conservation 
     Program, the Secretary, in consultation with the Secretary of 
     State, finds that the harvesting nation is not in compliance 
     with the International Dolphin Conservation Program.''.
       (c) Section 101 (16 U.S.C. 1371) is amended by adding at 
     the end the following new subsection:
       ``(d) The provisions of this Act shall not apply to a 
     citizen of the United States when such citizen incidentally 
     takes any marine mammal during fishing operations outside the 
     U.S. exclusive economic zone when employed on a foreign 
     fishing vessel of a harvesting nation which is in compliance 
     with the International Dolphin Conservation Program.''.
       (d) Section 104(h) is amended to read as follows:
       ``(h)(1) Consistent with the regulations prescribed 
     pursuant to section 103 of this title and to the requirements 
     of section 101 of this title, the Secretary may issue an 
     annual permit to a U.S. vessel for the taking of such marine 
     mammals, together with regulations to cover the use of any 
     such annual permits.
       ``(2) Such annual permits for the incidental taking of 
     marine mammals in the course of commercial purse seine 
     fishing for yellowfin tuna in the eastern tropical Pacific 
     Ocean shall be governed by section 304, subject to the 
     regulations issued pursuant to section 302.''
       (e) Section 110 (16 U.S.C. 1380) is amended--
       (1) by redesignating subsection (a)(1) as subsection (a); 
     and
       (2) by striking subsection (a)(2).
       (f) Subsection (d)(1) of the Dolphin Protection Consumer 
     Information Act (16 U.S.C. 1385(d)(1)) is amended to read 
     as follows:
       ``(1) It is a violation of section 5 of the Federal Trade 
     Commission Act for any producer, importer, exporter, 
     distributor, or seller of any tuna product that is exported 
     from or offered for sale in the United States to include on 
     the label of that product the term ``Dolphin Safe'' or any 
     other term or symbol that falsely claims or suggests that the 
     tuna contained in the product was harvested using a method of 
     fishing that is not harmful to dolphins if the product 
     contains--
       ``(A) tuna harvested on the high seas by a vessel engaged 
     in driftnet fishing;
       ``(B) tuna harvested in the eastern tropical Pacific Ocean 
     by a vessel using purse seine nets which do not meet the 
     requirements of being considered dolphin safe under paragraph 
     (2); or
       ``(C) tuna harvested outside the eastern tropical Pacific 
     Ocean by a vessel using purse seine nets which do not met the 
     requirements for being considered dolphin safe under 
     paragraph (3).''
       (g) Subsection (d)(2) of the Dolphin Protection Consumer 
     Information Act (16 U.S.C. 1385(d)(2)) is amended to read as 
     follows:
       ``(2) For purposes of paragraph (1)(B), a tuna product that 
     contains tuna harvested in the eastern tropical Pacific Ocean 
     by a fishing vessel using purse seine nets is dolphin safe 
     if--
       ``(A) the vessel is of a type and size that the Secretary 
     has determined, consistent with the International Dolphin 
     Conservation Program, is not capable of deploying its purse 
     seine nets on or to encircle dolphins; or
       ``(B)(i) the product is accompanied by a written statement 
     executed by the captain of the vessel which harvested the 
     tuna certifying that no dolphins were killed during the sets 
     in which the tuna were caught; and
       ``(ii) the product is accompanied by a written statement 
     executed by--
       ``(I) the Secretary or the Secretary's designee;
       ``(II) a representative of the Inter-American Tropical Tuna 
     Commission; or
       ``(III) an authorized representative of a participating 
     nation whose national program meets the requirements of the 
     International Dolphin Conservation Program,

     which states that there was an observer approved by the 
     International Dolphin Conservation Program on board the 
     vessel during the entire trip and documents that no dolphins 
     were killed during the sets in which the tuna in the tuna 
     product were caught; and
       ``(iii) the statements referred to in clauses (i) and (ii) 
     are endorsed in writing by each exporter, importer, and 
     processor of the product; and
       ``(C) the written statements and endorsements referred to 
     in subparagraph (B) comply with regulations promulgated by 
     the Secretary which would provide for the verification of 
     tuna products as dolphin safe.''.
       (h) Subsection (d) of the Dolphin Protection Consumer 
     Information Act (16 U.S.C. 1385(d)) is amended further by 
     adding the following new paragraphs:
       ``(3) For purposes of paragraph (1)(C), tuna or a tuna 
     product that contains tuna harvested outside the eastern 
     tropical Pacific Ocean by a fishing vessel using purse seine 
     nets is dolphin safe if--
       ``(A) it is accompanied by a written statement executed by 
     the captain of the vessel certifying that no purse seine net 
     was intentionally deployed on or to encircle dolphins during 
     the particular voyage on which the tuna was harvested; or
       ``(B) in any fishery in which the Secretary has determined 
     that a regular and significant association occurs between 
     marine mammals and tuna, it is accompanied by a written 
     statement executed by the captain of the vessel and an 
     observer, certifying that no purse seine net was 
     intentionally deployed on or to encircle marine mammals 
     during the particular voyage on which the tuna was harvested.
       ``(4) No tuna product may be labeled with any reference to 
     dolphins, porpoises, or marine mammals, except as dolphin 
     safe in accordance with this subsection.''.
       (i) Subsection (f) of the Dolphin Protection Consumer 
     Information Act (16 U.S.C. 1385(f)) is amended to read as 
     follows:
       ``(f) The Secretary, in consultation with the Secretary of 
     the Treasury, shall issue regulations to implement this 
     section not later than three months after the effective date 
     of this section, including, but not limited to, regulations 
     addressing the use of weight calculation and well location, 
     and which require that tuna products are labeled in 
     accordance with subsection (d).''.

     SEC. 5. AMENDMENTS TO TITLE III.

       (a) The heading of Title III is amended to read as follows:

       ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM''.

       (b) Section 301 (16 U.S.C. 1411) is amended--
       (1) in subsection (a), by striking paragraph (4) and 
     inserting in lieu thereof:
       ``(4) Nations harvesting yellowfin tuna in the eastern 
     tropical Pacific Ocean have demonstrated their willingness to 
     participate in appropriate multilateral agreements to reduce, 
     with the goal of eliminating, dolphin mortality in that 
     fishery. Recognition of the International Dolphin 
     Conservation Program will assure that the existing trend 
     of reduced dolphin mortality continues; that individual 
     stocks of dolphins are adequately protected; and that the 
     goal of eliminating all dolphin mortality continues to be 
     a priority.''; and
       (2) in subsection (b), by striking paragraphs (2) and (3) 
     and inserting in lieu thereof:
       ``(2) support the International Dolphin Conservation 
     Program and efforts within the Program to reduce, with the 
     goal of eliminating, the mortality referred to in paragraph 
     (1);
       ``(3) ensure that the market of the United States does not 
     act as an incentive to the harvest of tuna caught with 
     driftnets or caught by purse seine vessels in the eastern 
     tropical Pacific Ocean not operating in compliance with the 
     International Dolphin Conservation Program;''.
       (c) Section 302 (16 U.S.C. 1412) is amended to read as 
     follows:

     ``SEC. 302. AUTHORITY OF THE SECRETARY.

       ``(a) Regulations.--The Secretary shall issue regulations 
     to implement the International Dolphin Conservation Program.
       ``(2)(A) Not later than three months after the effective 
     date of this section, the Secretary shall issue regulations 
     to authorize and govern the incidental taking of marine 
     mammals in the eastern tropical Pacific Ocean, including any 
     species of marine mammal designated as depleted under this 
     Act but not listed as endangered or threatened under the 
     Endangered Species Act (16 U.S.C. 1531 et seq.), by vessels 
     of the United States participating in the International 
     Dolphin Conservation Program.
       (B) Regulations issued under this section shall include 
     provisions--
       (i) requiring observers on each vessel;
       (ii) requiring use of the backdown procedure or other 
     procedures equally or more effective in avoiding mortality of 
     marine mammals in fishing operations;
       (iii) prohibiting international sets on stocks and schools 
     in accordance with the International Dolphin Conservation 
     Program;
       (iv) requiring the use of special equipment, including, but 
     not limited to, dolphin safety panels in nets, operable 
     rafts, speedboats with towing bridles, floodlight in operable 
     condition, and diving masks and snorkels;
       (v) ensuring that the backdown procedure during sets of 
     purse seine net on marine mammals is completed and rolling of 
     the net to sack up has begun no later than thirty (30) 
     minutes after sundown;
       (vi) banning the use of explosive devices in all purse 
     seine operations;

[[Page S 17342]]

       (vii) establishing per vessel maximum annual dolphin 
     mortality limits, total dolphin mortality limits and per-
     stock per-year mortality limits in accordance with the 
     International Dolphin Conservation Program;
       (viii) preventing the making of international sets 
     on dolphins after reaching either the vessel maximum 
     annual dolphin mortality limits, total dolphin mortality 
     limits or per-stock per-year mortality limits;
       (ix) preventing the fishing on dolphins by a vessel without 
     an assigned vessel dolphin mortality limit;
       (x) allowing for the authorization and conduct of 
     experimental fishing operations, under such terms and 
     conditions as the Secretary may prescribe, for the purpose of 
     testing proposed improvements in fishing techniques and 
     equipment that may reduce or eliminate dolphin mortality or 
     do not require the encirclement of dolphins in the course of 
     commercial yellowfin tuna fishing; and
       (xi) containing such other restrictions and requirements as 
     the Secretary determines are necessary to implement the 
     International Dolphin Conservation Program with respect to 
     vessels of the United States; except that the Secretary may 
     make such adjustments as may be appropriate to provisions 
     that pertain to fishing gear and fishing practice 
     requirements in order to carry out the International Dolphin 
     Conservation Program.
       ``(b) Consultation.--In developing any regulation under 
     this section, the Secretary shall consult with the Secretary 
     of State, the Marine Mammal Commission and the United States 
     Commissioners to the Inter-American Tropical Tuna Commission 
     appointed under section 3 of the Tuna Conventions Act of 1950 
     (16 U.S.C. 952).
       ``(c) Emergency Regulations.--(1) If the Secretary 
     determines, on the basis of the best scientific information 
     available (including that obtained under the International 
     Dolphin Conservation Program) that the incidental mortality 
     and serious injury of marine mammals authorized under this 
     title is having, or is likely to have, a significant adverse 
     effect on a marine mammal stock or species, the Secretary 
     shall take actions as follows--
       ``(A) notify the Inter-American Tropical Tuna Commission of 
     his or her findings, along with recommendations to the 
     Commission as to actions necessary to reduce incidental 
     mortality and serious injury and mitigate such adverse 
     impact; and
       ``(B) prescribe emergency regulations to reduce incidental 
     mortality and serious injury and mitigate such adverse 
     impact.
       ``(2) Prior to taking action under paragraph (1) (A) or 
     (B), the Secretary shall consult with the Secretary of State, 
     the Marine Mammal Commission, and the United States 
     Commissioners to the Inter-American Tropical Tuna Commission.
       ``(3) Emergency regulations prescribed under this 
     subsection--
       ``(A) shall be published in the Federal Register, together 
     with an explanation thereof;
       ``(B) shall remain in effect for the duration of the 
     applicable fishing year; and
       ``(C) may be terminated by the Secretary at an earlier date 
     by publication in the Federal Register of a notice of 
     termination, if the Secretary determines that the reasons 
     for the emergency action no longer exist.
       ``(4) If the Secretary finds that the incidental mortality 
     and serious injury of marine mammals in the yellowfin tuna 
     fishery in the eastern tropical Pacific Ocean is continuing 
     to have a significant adverse impact on a stock or species, 
     the Secretary may extend the emergency regulations for such 
     additional periods as may be necessary.''
       ``(d) Research.--The Secretary shall, in cooperation with 
     the nations participating in the International Dolphin 
     Conservation Program and with the Inter-American Tropical 
     Tuna Commission, undertake or support appropriate scientific 
     research to further the goals of the International Dolphin 
     Conservation Program, including, but not limited to--
       (1) devising cost-effective fishing methods and gear so as 
     to reduce, with the goal of eliminating, the incidental 
     mortality and serious injury of marine mammals in connection 
     with commercial purse seine fishing in the eastern tropical 
     Pacific Ocean;
       (2) developing cost-effective methods of fishing for mature 
     yellowfin tuna without setting nets on dolphins or other 
     marine mammals;
       (3) carrying out a scientific research program as described 
     in section 117 for those marine mammal species and stocks 
     taken in the purse seine fishery for yellowfin tuna in the 
     eastern tropical Pacific Ocean, including species or stocks 
     not within waters under the jurisdiction of the United 
     States; and
       (4) studying the effect of chase and encirclement on the 
     health and biology of dolphin and dolphin populations 
     incidentally taken in the course of purse seine fishing for 
     yellowfin tuna in the eastern tropical Pacific Ocean.

     The Secretary shall include a description of the annual 
     results of research carried out under this subsection in the 
     report required under section 303.''.
       (d) Section 303 (16 U.S.C. 1413) is hereby repealed.
       (3) Section 304 (16 U.S.C. 1414) is hereby redesignated as 
     section 303, and amended to read as follows:
       ``Sec. 303. Reports By the Secretary.--Notwithstanding 
     section 103(f), the Secretary shall submit annual reports to 
     the Congress which include--
       ``(1) results of research conducted pursuant to section 
     302;
       ``(2) a description of the status and trends of stocks of 
     tuna;
       ``(3) a description of the efforts to assess, avoid, 
     reduce, and minimize the bycatch of juvenile yellowfin tuna 
     and bycatch of non-target species;
       ``(4) a description of the activities of the International 
     Dolphin Conservation Program and of the efforts of the United 
     States in support of the Program's goals and objectives, 
     including the protection of dolphin populations in the 
     eastern tropical Pacific Ocean, and an assessment of the 
     effectiveness of the Program;
       ``(5) actions taken by the Secretary under section 
     101(a)(2)(B)(iii)(I) and (II);
       ``(6) copies of any relevant resolutions and decisions of 
     the Inter-American Tropical Tuna Commission, and any 
     regulations promulgated by the Secretary under this title; 
     and
       ``(7) any other information deemed relevant by the 
     Secretary.''.
       (f) Section 305 (16 U.S.C. 1415) is hereby repealed.
       (g) Section 306 (16 U.S.C. 1416) is hereby redesignated as 
     section 304, and amended to read as follows:

     ``SEC. 304. PERMITS.

       ``(a) In General.--(1) Consistent with the regulations 
     issued pursuant to section 302, the Secretary shall issue a 
     permit to a vessel of the United States authorizing 
     participation in the International Dolphin Conservation 
     Program and may require a permit for the person actually in 
     charge of and controlling the fishing operation of the 
     vessel. The Secretary shall prescribe such procedures as are 
     necessary to carry out this subsection, including, but not 
     limited to, requiring the submission of--
       ``(A) the name and official number or other identification 
     of each fishing vessel for which a permit is sought, together 
     with the name and address of the owner thereof; and
       ``(B) the tonnage, hold capacity, speed, processing 
     equipment, and type and quantity of gear, including an 
     inventory of special equipment required under section 302, 
     with respect to each vessel.
       ``(2) The Secretary is authorized to charge a fee for 
     granting an authorization and issuing a permit under this 
     section. The level of fees charged under this paragraph may 
     not exceed the administrative cost incurred in granting an 
     authorization and issuing a permit. Fees collected under this 
     paragraph shall be available to the Under Secretary of 
     Commerce for Oceans and Atmosphere for expenses incurred in 
     granting authorizations and issuing permits under this 
     section.
       ``(3) After the effective date of this section, no vessel 
     of the United States shall operate in the yellowfin tuna 
     fishery in the eastern tropical Pacific Ocean without a valid 
     permit issued under this section.
       ``(b) Permit Sanctions.--(1) In any case in which
       ``(A) a vessel for which a permit has been issued under 
     this section has been used in the commission of an act 
     prohibited under section 305;
       ``(B) the owner or operator of any such vessel or any other 
     person who has applied for or been issued a permit under this 
     section has acted in violation of section 305; or
       ``(C) any civil penalty or criminal fine imposed on a 
     vessel, owner or operator of a vessel, or other person who 
     has applied for or been issued a permit under this section 
     has not been paid or is overdue, the Secretary may--
       ``(i) revoke any permit with respect to such vessel, with 
     or without prejudice to the issuance of subsequent permits;
       ``(ii) suspend such permit for a period of time considered 
     by the Secretary to be appropriate;
       ``(iii) deny such permit; or
       ``(iv) impose additional conditions or restrictions on any 
     permit issued to, or applied for by, any such vessel or 
     person under this section.
       ``(2) In imposing a sanction under this subsection, the 
     Secretary shall take into account--
       ``(A) the nature, circumstances, extent, and gravity of the 
     prohibited acts for which the sanction is imposed; and
       ``(B) with respect to the violator, the degree of 
     culpability, any history of prior offenses, and other such 
     matters as justice requires.
       ``(3) Transfer of ownership of a vessel, by sale or 
     otherwise, shall not extinguish any permit sanction that is 
     in effect or is pending at the time of transfer of ownership. 
     Before executing the transfer of ownership of a vessel, by 
     sale or otherwise, the owner shall disclose in writing to the 
     prospective transferee the existence of any permit sanction 
     that will be in effect or pending with respect to the vessel 
     at the time of transfer.
       ``(4) In the case of any permit that is suspended for the 
     failure to pay a civil penalty or criminal fine, the 
     Secretary shall reinstate the permit upon payment of the 
     penalty or fine and interest thereon at the prevailing rate.
       ``(5) No sanctions shall be imposed under this section 
     unless there has been a prior opportunity for a hearing on 
     the facts underlying the violation for which the sanction is 
     imposed, either in conjunction with a civil penalty 
     proceeding under this title or otherwise.''.
       (h) Section 307 (16 U.S.C. 1417) is hereby redesignated as 
     section 305, and amended--
       (1) in subsection (a)--

[[Page S 17343]]

       (A) by amending paragraph (1) to read as follows:
       ``(1) for any person to sell, purchase, offer for sale, 
     transport, or ship, in the United States, any tuna or tuna 
     product unless the tuna or tuna product is either dolphin 
     safe or has been harvested in compliance with the 
     International Dolphin Conservation Program by a country that 
     is a member of the Inter-American Tropical Tuna Commission or 
     has initiated steps, in accordance with Article V, paragraph 
     3 of the Convention establishing the Inter-American Tropical 
     Tuna Commission, to become a member of that organization;'';
       (B) by striking paragraphs (2) and inserting in lieu 
     thereof the following:
       ``(2) except as provided for in subsection 101(d), for any 
     person or vessel subject to the jurisdiction of the United 
     States intentionally to set a purse seine net on or to 
     encircle any marine mammal in the course of tuna fishing 
     operations in the eastern tropical Pacific Ocean except in 
     accordance with this title and regulations issued under 
     pursuant to this title;''; and
       (C) by amending paragraph (3) to read as follows:
       ``(3) for any person to import any yellowfin tuna or 
     yellowfin tuna product or any other fish or fish product in 
     violation of a ban on importation imposed under section 
     101(a)(2);'';
       (2) in subsection (b)(2), by inserting ``(a)(5) and'' 
     before ``(a)(6)''; and
       (3) by deleting subsection (d).
       (i) Section 308 (17 U.S.C. 1418) is redesignated as section 
     306, and amended by striking ``303'' and inserting in lieu 
     thereof ``302(d)''.
       (j) Clerical Amendments.--The table of contents in the 
     first section of the Marine Mammal Protection Act of 1972 is 
     amended by striking the items relating to title III and 
     inserting in lieu thereof the following:

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

       Sec. 301. Findings and policy.
       Sec. 302. Authority of the Secretary.
       Sec. 303. Reports by the Secretary.
       Sec. 304. Permits.
       Sec. 305. Prohibitions.
       Sec. 306. Authorization of appropriations.''.

     SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT.

       (a) Section 3(c) of the Tuna Conventions Act (16 U.S.C. 952 
     (c)) is amended to read as follows:
       ``(c) at least one shall be either the Director, or an 
     appropriate regional director, of the National Marine 
     Fisheries Service; and''.
       (b) Section 4 of the Tuna Conventions Act (16 U.S.C. 953) 
     is amended to read as follows:

     ``SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
                   SUBCOMMITTEE.

       The Secretary, in consultation with the United States 
     Commissioners, shall--
       (1) appoint a General Advisory Committee which shall be 
     composed of not less than five nor more than fifteen persons 
     with balanced representation from the various groups 
     participating in the fisheries included under the 
     conventions, and from nongovernmental conservation 
     organizations. The General Advisory Committee shall be 
     invited to have representatives attend all nonexecutive 
     meetings of the United States sections and shall be given 
     full opportunity to examine and to be heard on all proposed 
     programs of investigations, reports, recommendations, and 
     regulations of the commission. The General Advisory Committee 
     may attend all meetings of the international commissions to 
     which they are invited by such commissions; and
       (2) appoint a Scientific Advisory Subcommittee which shall 
     be composed of not less than five nor more than fifteen 
     qualified scientists with balanced representation from the 
     public and private sectors, including nongovernmental 
     conservation organizations. The Scientific Advisory 
     Subcommittee shall advise the General Advisory Committee and 
     the Commissioners on matters including the conservation of 
     ecosystems; the sustainable uses of living marine 
     resources related to the tuna fishery in the eastern 
     Pacific Ocean; and the long-term conservation and 
     management of stocks of living marine resources in the 
     eastern tropical Pacific Ocean. In addition, the 
     Scientific Advisory Subcommittee shall, as requested by 
     the General Advisory Committee, the U.S. Commissioners or 
     the Secretary, perform functions and provide assistance 
     required by formal agreements entered into by the United 
     States for this fishery, including the International 
     Dolphin Conservation Program. These functions may include: 
     (1) the review of data from the Program, including data 
     received from the Inter-American Tropical Tuna Commission; 
     (2) recommendations on research needs, including 
     ecosystems, fishing practices, and gear technology 
     research, including the development and use of selective, 
     environmentally safe and cost-effective fishing gear, and 
     on the coordination and facilitation of such research; (3) 
     recommendations concerning scientific reviews and 
     assessments required under the Program and engaging, as 
     appropriate, in such reviews and assessments; (4) 
     consulting with other experts as needed; and (5) 
     recommending measures to assure the regular and timely 
     full exchange of data among the parties to the Program and 
     each nation's National Scientific Advisory Committee (or 
     equivalent); and
       (3) establish procedures to provide for appropriate public 
     participation and public meetings and to provide for the 
     confidentiality of confidential business data. The Scientific 
     Advisory Subcommittee shall be invited to have 
     representatives attend all nonexecutive meetings of the 
     United States sections and the General Advisory Subcommittee 
     and shall be given full opportunity to examine and to be 
     heard on all proposed programs of scientific investigation, 
     scientific reports, and scientific recommendations of the 
     commission. Representatives of the Scientific Advisory 
     Subcommittee may attend meetings of the Inter-American 
     Tropical Tuna Commission in accordance with the rules of such 
     Commission; and
       (4) fix the terms of office of the members of the General 
     Advisory Committee and Scientific Advisory Subcommittee, who 
     shall receive no compensation for their services as such 
     members.''.

     SEC. 7. EFFECTIVE DATE.

       Sections 3 through 6 of this Act shall become effective 
     upon certification by the Secretary of State to Congress that 
     a binding resolution of the Inter-American Tropical Tuna 
     Commission or other legally binding instrument establishing 
     the International Dolphin Conservation Program has been 
     adopted and is in effect.

 Mr. BREAUX. Mr. President, today, along with Senator Stevens 
and others, I am introducing legislation that will implement the Panama 
Declaration on the protection of dolphins in the tuna fishery of the 
eastern tropical Pacific Ocean. The United States signed the Panama 
Declaration on October 4, 1995, along with the Governments of Belize, 
Colombia, Costa Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, 
Vanutatu, and Venezuela. By agreeing to the Panama Declaration, these 
countries have demonstrated their commitment to the conservation of 
ecosystems and the sustainable use of living resources related to the 
tuna fishery in the eastern tropical Pacific.
  By implementing the Panama Declaration, we will strengthen the Inter-
American Tropical Tuna Commission [IATTC] which has proven to be an 
extremely effective international resource management organization. In 
conjunction with strengthening the IATTC, we will ensure the reduction 
of dolphin mortalities associated with tuna fishing in the eastern 
tropical Pacific Ocean. In addition, we will enable American tuna 
fishermen to re-enter that tuna fishery on the same footing as foreign 
fishermen.
  Since 1949, the IATTC has served as the regional fishery management 
organization for the tuna fishery of the eastern tropical Pacific 
Ocean, managing that fishery in an exemplary manner. One of the fishery 
issues addressed under IATTC auspices is that of dolphin mortality 
associated with the yellowfin tuna fishery of the eastern tropical 
Pacific Ocean. In that fishery, tuna fishermen use dolphins to locate 
schools of mature yellowfin tuna which, for unknown reasons, associate 
with schools of dolphin. Once the tuna have been located, the fishermen 
use purse seine nets to encircle schools of dolphin with the objective 
of catching the tuna swimming below the dolphins and then safely 
releasing the encircled dolphins.
  In recent years, there has been some concern about these fishing 
practices which, in the past, have resulted in excessive incidental 
mortality to dolphins. In 1992, in an effort to address this problem, 
10 nations with tuna vessels operating in the eastern tropical Pacific 
signed an agreement known as the La Jolla Agreement. The La Jolla 
Agreement established the International Dolphin Conservation Program, 
or IDCP, which is administered by the IATTC.
  The regional objective of the IDCP is to reduce dolphin mortalities 
to insignificant levels approaching zero, with a goal of eliminating 
them entirely. Pursuant to that program, the number of dolphins killed 
accidentally in the tuna fishery has been reduced to less than 4,000 
annually from a previous average of over 300,000 killed annually. The 
current dolphin mortality represents approximately four one-hundredths 
of one percent of the 9.5 million dolphins of the eastern tropical 
Pacific. Thus, the IDCP has been remarkably successful in achieving its 
goal of reducing unintended dolphin mortalities to biologically 
insignificant levels approaching zero.

  This legislation will implement the Panama Declaration, formalizing 
the 1992 La Jolla Agreement and making it a legal agreement binding on 
the member countries of the IATTC as soon as it is formally adopted. 
The Panama Declaration strengthens the IDCP and 

[[Page S 17344]]
furthers its goals by placing a cap of 5,000 per year on dolphin 
mortalities.
  Although U.S. fishermen developed the techniques now used in 
capturing tuna and safely releasing dolphins, they effectively have 
been foreclosed from fishing in the eastern tropical Pacific since the 
1992 amendments to the Marine Mammal Protection Act, which prohibit the 
encirclement of dolphins. The legislation to implement the Panama 
Declaration will eliminate the inequitable treatment of United States 
tuna fishermen and enable them to re-enter this important fishery on an 
equal footing with foreign fishermen.
  The 1992 ban on encirclement of dolphins has required fishermen to 
turn to alternative fishing practices, the use of which causes 
excessive bycatch of endangered sea turtles, sharks, billfish, and 
great numbers of immature tuna and other fish species. This legislation 
will result in a reduction of this bycatch problem, as well, as it will 
permit fishermen to encircle dolphins as long as they comply with the 
stringent regulations imposed by the IATTC.
  The purpose of this bill is to improve and solidify efforts to 
protect dolphins in the eastern tropical Pacific Ocean, as well as to 
eliminate the bycatch problems caused by alternative fishing methods. 
The Panama Declaration establishes a common environmental standard for 
all countries fishing in the region. By formalizing the La Jolla 
Agreement, U.S. and foreign fishermen in the eastern tropical Pacific 
will be subject to the most stringent fishery regulations in the world. 
The Panama Declaration represents a tremendous environmental 
achievement, and it enjoys support from such diverse interests as 
environmental groups, the U.S. tuna fishing fleet, the Clinton 
administration, and other countries whose fishermen operate in the 
eastern tropical Pacific. I encourage my colleagues to join me in 
supporting this legislation in order that we may implement this 
important international agreement.
 Mr. CHAFEE. Mr. President, I am pleased to join as an original 
cosponsor of legislation introduced by Senators Stevens and Breaux to 
implement the Panama Declaration. A dozen countries, several major 
environmental organizations, the administration, and Senators on both 
sides of the aisle have come together in support of this effort.
  If we are going to sustain our renewable resources, and particularly 
our marine resources, we need to take a comprehensive ecosystem 
approach toward resource use. After all, management of a single species 
does not always produce benefits for the entire ecosystem. It is 
important that we seek to reduce bycatch of other marine species, such 
as sharks, sea turtles, and billfish, while we minimize our impact on 
dolphins. That is why this bill is about more than just tuna and 
dolphins. This bill includes changes in current law that will have a 
positive impact on numerous species in the marine environment.
  The Declaration that this bill would implement will commit the United 
States and a number of cosignatory nations to conserving the valuable 
marine life in the eastern Pacific. Moreover, by doing so on a 
multilateral basis, many of the ongoing international disputes over 
tuna may effectively be resolved. Such strong and sound international 
efforts are therefore welcome.
  This legislation represents an important opportunity for all parties 
interested in marine resources to work together toward our common goal: 
effective conservation of dolphin and other marine species in the 
eastern Pacific ecosystem. I urge my colleagues to take the time to 
examine this legislation, and offer comments and suggestions. We have 
the chance to fashion a long-term solution to the question of marine 
mammal conservation, and it is my hope that this bill will serve as the 
vehicle toward that end.
                                 ______

      By Mr. MOYNIHAN (for himself and Mr. D'Amato):
  S. 1422. A bill to authorize the Secretary of the Interior to acquire 
property in the town of East Hampton, Suffolk County, NY, for inclusion 
in the Amagansett National Wildlife Refuge, and for other purposes; to 
the Committee on Environment and Public Works.


                    shadmoor acquisition legislation

 Mr. MOYNIHAN. Mr. President, I offer legislation with my 
esteemed colleague Senator D'Amato that would allow the Secretary of 
the Interior to acquire a parcel of land on Long Island known as 
Shadmoor. The land would be added to the Amagansett National Wildlife 
Refuge. Shadmoor supports one of the largest populations of New York 
State's most endangered plant, the sandplain gerardia. The gerardia 
lives in only 12 places in the world, 6 of which are on Long Island.
  The privately owned land was targeted by the Fish and Wildlife 
Service for acquisition in 1991, but no money has been available. 
Meanwhile, the possibility of development on the parcel has increased 
dramatically. New York has received little of the already scarce 
Federal money for the acquisition of land to protect endangered plants. 
This is clearly an opportunity to begin to rectify that.
  Shadmoor has other significance. It contains six other rare plants. 
It has bunkers built during World War II. The dramatic coastline has 
70-foot cliffs eroded by wind and surf. In all, it would be a 
tremendous addition to the Amagansett Refuge.
  Mr. President, the sandplain gerardia is a part of our natural 
heritage that could easily disappear forever. This is our chance to 
preserve one of its last strongholds. I ask my colleagues to support 
this authorization.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1422

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

     SECTION 1. AUTHORITY TO ACQUIRE PROPERTY FOR INCLUSION IN THE 
                   AMAGANSETT NATIONAL WILDLIFE REFUGE.

       (a) Authority To Acquire Property.--The Secretary of the 
     Interior may acquire, for inclusion in the Amagansett 
     National Wildlife Refuge, the area known as the ``Shadmoor 
     Parcel'', consisting of approximately 98 acres (as determined 
     by the Secretary) located along the Atlantic Ocean adjacent 
     to municipal park land in the town of East Hampton, Suffolk 
     County, New York.
       (b) Management of Acquired Interests.--Land and interests 
     in land acquired by the United States under this section 
     shall be managed by the Secretary of the Interior as part of 
     the Amagansett National Wildlife Refuge.
                                 ______

      By Mr. GREGG (for himself, Mrs. Kassebaum, Mr. Nunn, Mr. 
        Jeffords, and Mr. Gorton):
  S. 1423. A bill to amend the Occupational Safety and Health Act of 
1970 to make modifications to certain provisions, and for other 
purposes; to the Committee on Labor and Human Resources.


     the occupational safety and health reform and reinvention act

 Mr. GREGG. Mr. President, I am pleased to be joined by 
Senators Kassebaum, Nunn, Gorton, and Jeffords in introducing the 
Occupational Safety and Health Reform and Reinvention Act. Let me say 
at the outset that in proposing and considering OSHA reform, worker 
safety was our first concern. I am firmly committed to ensuring a safe 
and healthy workplace and will not support legislation which puts that 
in jeopardy. I believe in this bill that we have accomplished true OSHA 
reform without compromising the safety of our workers in any way.
  Throughout my career in public office, I have worked to make 
Government more efficient and more user and consumer friendly. Federal 
Government agencies have grown so large and become so bureaucratic that 
they are often not providing the kinds of services and proper oversight 
that was originally intended when they were created. Too often 
Government carries a heavy stick, but no carrot, when it interacts with 
individual citizens and businesses throughout our country.
  I believe that it is high time we take a close look at how we can 
improve the way Government works and, at the same time, provide 
incentives for the private sector to act more responsibly. Americans 
will be better served in a climate where people in Government, and in 
business, can work together to solve problems in a spirit of 
cooperation, rather than in an atmosphere strictly of threats, 
intimidation, and punitive measures.

[[Page S 17345]]

  When OSHA was enacted, its intended purpose was to make the workplace 
free from ``recognized hazards that are causing, or likely to cause 
death or serious physical harm to . . . employees.'' As is the case 
with many programs established by Congress over the years, OSHA has 
developed a well-earned reputation for over-regulation. OSHA has moved 
from its original purpose of protecting workers to hindering businesses 
with excessive mandates.
  While I feel that much of the problem within OSHA is of a cultural 
nature, the bill we are introducing today will concentrate on relieving 
OSHA's oppressive and burdensome regulations, thereby removing a 
feeling among American employers and employees that OSHA is the ``bad 
cop.'' Our legislation puts in place partnerships for assuring safety 
and health in the workplace.
  This balanced approach will include a consultation program, voluntary 
compliance and third-party certification, employee involvement, 
warnings in lieu of citations for nonserious violations, and reduced 
penalties for nonserious violations. This legislation will use 
incentives, rather than penalties to enhance workplace safety. It will 
allow companies with ``clean'' safety records to implement their own 
health and safety programs.

  In closing, I would like to thank Senator Kassebaum on her leadership 
as chairman of the Labor and Human Resources Committee. Without her 
dedication and hard work this legislation would not be possible. I 
would also like to thank Senator Nunn, Senator Jeffords, and Senator 
Gorton. They both have been instrumental in the drafting of this 
important legislation. I look forward to working with them and the 
members of the Labor Committee on continuing to bring this legislation 
to fruition.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1423

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

     SECTION 1. SHORT TITLE; REFERENCE.

       (a) Short Title.--This Act may be cited as the 
     ``Occupational Safety and Health Reform and Reinvention 
     Act''.
       (b) Reference.--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 
     Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
     seq.).

     SEC. 2. EMPLOYEE PARTICIPATION.

       Section 4 (29 U.S.C. 653) is amended by adding at the end 
     the following new subsection:
       ``(c) In order to carry out the purpose of this Act to 
     encourage employers and employees in their efforts to reduce 
     the number of occupational safety and health hazards, an 
     employee participation program--
       ``(1) in which employees participate;
       ``(2) which exists for the purpose, in whole or in part, of 
     dealing with employees concerning safe and healthful working 
     conditions; and
       ``(3) which does not have, claim, or seek authority to 
     negotiate or enter into collective bargaining agreements with 
     the employer or to amend existing collective bargaining 
     agreements between the employer and any labor organization,

     shall not constitute a `labor organization' for purposes of 
     section 8(a)(2) of the National Labor Relations Act (29 
     U.S.C. 158(a)(2)) or a representative for purposes of 
     sections 1 and 2 of the Railway Labor Act (45 U.S.C. 151 and 
     151a). Nothing in this section shall be construed to affect 
     employer obligations under section 8(a)(5) of the National 
     Labor Relations Act (29 U.S.C. 158(a)(5)) to deal with a 
     certified or recognized employee representative with respect 
     to health and safety matters to the extent otherwise required 
     by law.''.

     SEC. 3. INSPECTIONS.

       (a) Training and Authority of Secretary.--Section 8 (29 
     U.S.C. 657) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by adding after subsection (f) the following new 
     subsection:
       ``(g)(1) Except as provided in paragraph (2), the Secretary 
     shall not conduct routine inspections of, or enforce any 
     standard, rule, regulation, or order under this Act with 
     respect to--
       ``(A) any person who is engaged in a farming operation that 
     does not maintain a temporary labor camp and that employs 10 
     or fewer employees; or
       ``(B) any employer of not more than 10 employees if such 
     employer is included within a category of employers having an 
     occupational injury or a lost workday case rate (determined 
     under the Standard Industrial Classification Code for which 
     such data are published) that is less than the national 
     average rate as most recently published by the Secretary 
     acting through the Bureau of Labor Statistics under section 
     24.
       ``(2) In the case of persons who are not engaged in farming 
     operations, paragraph (1) shall not be construed to prevent 
     the Secretary from--
       ``(A) providing consultations, technical assistance, and 
     educational and training services and conducting surveys and 
     studies under this Act;
       ``(B) conducting inspections or investigations in response 
     to complaints of employees, issuing citations for violations 
     of this Act found during such inspections, and assessing a 
     penalty for violations that are not corrected within a 
     reasonable abatement period;
       ``(C) taking any action authorized by this Act with respect 
     to imminent dangers;
       ``(D) taking any action authorized by this Act with respect 
     to a report of an employment accident that is fatal to at 
     least one employee or that results in the hospitalization of 
     at least three employees, and taking any action pursuant to 
     an investigation conducted with respect to such report; and
       ``(E) taking any action authorized by this Act with respect 
     to complaints of discrimination against employees for 
     exercising their rights under this Act.''.
       (b) Inspections Based on Employee Complaints.--Section 8(f) 
     (29 U.S.C. 657(f)) is amended to read as follows:
       ``(f)(1)(A) An employee or representative of an employee 
     who believes that a violation of a safety or health standard 
     exists that threatens physical harm, or that an imminent 
     danger exists, may request an inspection by providing notice 
     of the violation or danger to the Secretary or an authorized 
     representative of the Secretary.
       ``(B) Notice under subparagraph (A) shall be reduced to 
     writing, shall set forth with reasonable particularity the 
     grounds for the notice, and shall state whether the alleged 
     violation or danger has been brought to the attention of the 
     employer and if so, whether the employer has refused to take 
     any action to correct the alleged violation or danger.
       ``(C)(i) The notice under subparagraph (A) shall be signed 
     by the employees or representative of employees and a copy 
     shall be provided to the employer or the agent of the 
     employer not later than the time of arrival of an 
     occupational safety and health agency inspector to conduct 
     the inspection.
       ``(ii) Upon the request of the person providing the notice 
     under subparagraph (A), the name of the person and the names 
     of individual employees referred to in the notice shall not 
     appear in the copy of the notice or on any record published, 
     released, or made available pursuant to subsection (i), 
     except that the Secretary may disclose this information 
     during prehearing discovery in a contested case.
       ``(D) The Secretary may only make an inspection under this 
     section if such an inspection is requested by an employee or 
     a representative of employees.
       ``(E)(i) If, upon receipt of the notice under subparagraph 
     (A), the Secretary determines that there are reasonable 
     grounds to believe the violation or danger exists, the 
     Secretary may conduct a special inspection in accordance with 
     this section as soon as practicable. Except as provided in 
     clause (ii), the special inspection shall be conducted for 
     the limited purpose of determining whether the violation or 
     danger exists.
       ``(ii) During a special inspection described in clause (i), 
     the Secretary may take appropriate actions with respect to 
     health and safety violations that are not within the scope of 
     the inspection and that are observed by the Secretary or an 
     authorized representative of the Secretary during the 
     inspection.
       ``(2) If the Secretary determines either before, or as a 
     result of, an inspection that there are not reasonable 
     grounds to believe a violation or danger exists, the 
     Secretary shall notify the complaining employee or employee 
     representative of the determination and, upon request by the 
     employee or employee representative, shall provide a written 
     statement of the reasons for the Secretary's final 
     disposition of the case.
       ``(3) The Secretary or an authorized representative of the 
     Secretary may, as a method of investigating an alleged 
     violation or danger under this section, attempt, if feasible, 
     to contact an employer by telephone, facsimile, or other 
     appropriate methods to determine whether--
       ``(A) the employer has taken corrective actions with 
     respect to the alleged violation or danger; or
       ``(B) there are reasonable grounds to believe that a hazard 
     exists.
       ``(4) The Secretary is not required to conduct a special 
     inspection under this subsection if the Secretary determines 
     that a request for a special inspection was made for reasons 
     other than the safety and health of the employees of an 
     employer or that the employees of an employer are not at 
     risk.''.

     SEC. 4. WORKSITE-BASED INITIATIVES.

       (a) Program.--The Act (29 U.S.C. 651 et seq.) is amended by 
     inserting after section 8 the following new section:

     ``SEC. 8A. HEALTH AND SAFETY REINVENTION INITIATIVES.

       ``(a) In General.--The Secretary shall establish a program 
     to encourage voluntary employer and employee efforts to 
     provide safe and healthful working conditions.
       ``(b) Exemption.--In establishing a program under 
     subsection (a), the Secretary 

[[Page S 17346]]
     shall, in accordance with subsection (c), provide an exemption from all 
     safety and health inspections and investigations for a place 
     of employment maintained by an employer participating in such 
     program, except that this subsection shall not apply to 
     inspections and investigations conducted for the purpose of--
       ``(1) determining the cause of a workplace accident that 
     resulted in the death of one or more employees or the 
     hospitalization of three or more employees; or
       ``(2) responding to a request for an inspection pursuant to 
     section 8(f)(1).
       ``(c) Exemption Requirements.--To qualify for an exemption 
     under subsection (b), an employer shall provide to the 
     Secretary evidence that, with respect to the employer--
       ``(1) during the preceding year, the place of employment or 
     conditions of employment have been reviewed or inspected 
     under--
       ``(A) a consultation program provided by recipients of 
     grants under section 7(c)(1) or 23(g);
       ``(B) a certification or consultation program provided by 
     an insurance carrier or other private business entity 
     pursuant to a State program, law, or regulation if the person 
     conducting the review or inspection meets standards 
     established by, and is certified by, the Secretary; or
       ``(C) a workplace consultation program provided by a 
     qualified person certified by the Secretary for purposes of 
     providing such consultations,

     that includes a means of ensuring that serious hazards 
     identified in the consultation are corrected within an 
     appropriate time and that, where applicable, permits an 
     employee (of the employer) who is a representative of a 
     health and safety employee participation program to accompany 
     a consultant during a workplace inspection; or
       ``(2) the place of employment has an exemplary safety and 
     health record and the employer maintains a safety and health 
     program for the workplace that includes--
       ``(A) procedures for assessing hazards to the employer's 
     employees that are inherent to the employer's operations or 
     business;
       ``(B) procedures for correcting or controlling such hazards 
     in a timely manner based upon the severity of the hazard; and
       ``(C) an employee participation program that, at a 
     minimum--
       ``(i) includes regular consultation between the employer 
     and nonsupervisory employees regarding safety and health 
     issues;
       ``(ii) includes the opportunity for nonsupervisory 
     employees to make recommendations regarding hazards in the 
     workplace and to receive responses or to implement 
     improvements in response to such recommendations; and
       ``(iii) ensures that participating nonsupervisory employees 
     have training or expertise on safety and health issues 
     consistent with the responsibilities of such employees.
       ``(d) Model Program.--The Secretary shall publish and make 
     available to employers a model safety and health program that 
     if completed by the employer shall be considered to meet the 
     requirements for an exemption under this section.
       ``(e) Certification.--The Secretary may require that, to 
     claim the exemption under subsection (b), an employer provide 
     certification to the Secretary and notice to the employer's 
     employees of such eligibility. The Secretary may conduct 
     random audits of the records of employers to ensure against 
     falsification of the records by the employers.
       ``(f) Records.--Records of a safety and health inspection, 
     audit, or review that is conducted by an employer and that is 
     not conducted under a program described in subsection (a) 
     shall not be required to be disclosed to the Secretary 
     unless--
       ``(1) the Secretary is conducting an investigation 
     involving a fatality or a serious injury of an employee of 
     such employer; or
       ``(2) such employer has not taken measures to address 
     serious hazards in the workplace of the employer identified 
     during such inspection, audit, or review.''.
       (b) Definition.--Section 3 (29 U.S.C. 652) is amended by 
     adding at the end the following new paragraph:
       ``(15) The term `exemplary safety and health record' means 
     such record as the Secretary shall annually determine for 
     each industry. Such record shall include employers that have 
     had, in the most recent reporting period, no employee death 
     caused by occupational injury and fewer lost workdays due to 
     occupational injury and illness than the average for the 
     industry of which the employer is a part.''.

     SEC. 5. EMPLOYER DEFENSES.

       Section 9 (29 U.S.C. 658) is amended by adding at the end 
     the following new subsections:
       ``(d) No citation may be issued under subsection (a) to an 
     employer unless the employer knew, or with the exercise of 
     reasonable diligence would have known, of the presence of the 
     alleged violation. No citation shall be issued under 
     subsection (a) to an employer for an alleged violation of 
     section 5, any standard, rule, or order promulgated pursuant 
     to section 6, any other regulation promulgated under this 
     Act, or any other occupational safety and health standard, if 
     such employer demonstrates that--
       ``(1) employees of such employer have been provided with 
     the proper training and equipment to prevent such a 
     violation;
       ``(2) work rules designed to prevent such a violation have 
     been established and adequately communicated to employees by 
     such employer and the employer has taken reasonable measures 
     to discipline employees when violations of such work rules 
     have been discovered;
       ``(3) the failure of employees to observe work rules led to 
     the violation; and
       ``(4) reasonable steps have been taken by such employer to 
     discover any such violation.
       ``(e) A citation issued under subsection (a) to an employer 
     who violates the requirements of section 5, of any standard, 
     rule, or order promulgated pursuant to section 6, or any 
     other regulation promulgated under this Act shall be vacated 
     if such employer demonstrates that employees of such employer 
     were protected by alternative methods equally or more 
     protective of the employee's safety and health than those 
     required by such standard, rule, order, or regulation in the 
     factual circumstances underlying the citation.
       ``(f) Subsections (d) and (e) shall not be construed to 
     eliminate or modify other defenses that may exist to any 
     citation.''.

     SEC. 6. INSPECTION QUOTAS.

       Section 9 (29 U.S.C. 658), as amended by section 5, is 
     further amended by adding at the end thereof the following 
     new subsection:
       ``(g) The Secretary shall not establish any quota for any 
     subordinate within the Occupational Safety and Health 
     Administration (including any regional director, area 
     director, supervisor, or inspector) with respect to the 
     number of inspections conducted, citations issued, or 
     penalties collected.''.

     SEC. 7. WARNINGS IN LIEU OF CITATIONS.

       Subsection (a) of section 9 (29 U.S.C. 658(a)) is amended 
     to read as follows:
       ``(a)(1) Except as provided in paragraph (2), if, upon 
     inspection or investigation, the Secretary or an authorized 
     representative of the Secretary believes that an employer has 
     violated a requirement of section 5, of any regulation, rule, 
     or order promulgated pursuant to section 6, or of any 
     regulations prescribed pursuant to this Act, the Secretary 
     may with reasonable promptness issue a citation to the 
     employer. Each citation shall be in writing and shall 
     describe with particularity the nature of the violation, 
     including a reference to the provision of the Act, 
     regulation, rule, or order alleged to have been violated. The 
     citation shall fix a reasonable time for the abatement of the 
     violation.
       ``(2) The Secretary or the authorized representative of the 
     Secretary--
       ``(A) may issue a warning in lieu of a citation with 
     respect to a violation that has no significant relationship 
     to employee safety or health; and
       ``(B) may issue a warning in lieu of a citation in cases in 
     which an employer in good faith acts promptly to abate a 
     violation if the violation is not a willful or repeat 
     violation.
       ``(3) Nothing in this Act shall be construed as prohibiting 
     the Secretary or the authorized representative of the 
     Secretary from providing technical or compliance assistance 
     to an employer in correcting a violation discovered during an 
     inspection or investigation under this Act without issuing a 
     citation.''.

     SEC. 8. REDUCED PENALTIES FOR NONSERIOUS VIOLATIONS AND 
                   MITIGATING CIRCUMSTANCES.

       Section 17 (29 U.S.C. 666) is amended--
       (1) in subsection (c), by striking ``up to $7,000'' and 
     inserting ``not more than $100'';
       (2) in subsection (i), to read as follows:
       ``(i) Any employer who violates any of the posting or 
     paperwork requirements other than serious or fraudulent 
     reporting requirement deficiencies, prescribed under this Act 
     shall not be assessed a civil penalty for such violation 
     unless it is determined that the employer has violated 
     subsection (a) or (d) with respect to such posting or 
     paperwork requirements.''; and
       (3) in subsection (j), to read as follows:
       ``(j)(1) The Commission shall have authority to assess all 
     civil penalties under this section. In assessing a penalty 
     under this section, the Commission shall give due 
     consideration to the appropriateness of the penalty with 
     respect to--
       ``(A) the size of the employer;
       ``(B) the number of employees exposed to the violation;
       ``(C) the likely severity of any injuries directly 
     resulting from such violation;
       ``(D) the probability that the violation could result in 
     injury or illness;
       ``(E) the employer's good faith in correcting the violation 
     after the violation has been identified;
       ``(F) the extent to which employee misconduct was 
     responsible for the violation;
       ``(G) the effect of the penalty on the employer's ability 
     to stay in business;
       ``(H) the history of previous violations; and
       ``(I) whether the violation is the sole result of the 
     failure to meet a requirement, under this Act or prescribed 
     by regulation, with respect to the posting of notices, the 
     preparation or maintenance of occupational safety and health 
     records, or the preparation, maintenance, or submission of 
     any written information.
       ``(2)(A) A penalty assessed under this section shall be 
     reduced by at least 25 percent in any case in which the 
     employer--
       ``(i) maintains a safety and health program described in 
     section 8A(a) for the worksite at which the violation (for 
     which the penalty was assessed) took place; or
       ``(ii) demonstrates that the worksite at which the 
     violation (for which the penalty was assessed) took place has 
     an exemplary safety record.


[[Page S 17347]]

     If the employer maintains a program described in clause (i) 
     and has the record described in clause (ii), the penalty 
     shall be reduced by at least 50 percent.
       ``(B) A penalty assessed against an employer for a 
     violation other than a violation that--
       ``(i) has been previously cited by the Secretary;
       ``(ii) creates an imminent danger;
       ``(iii) has caused death; or
       ``(iv) has caused a serious incident,

     shall be reduced by at least 75 percent if the worksite at 
     which such violation occurred has been reviewed or inspected 
     under a program described in section 8A(c)(1) during the 1-
     year period before the date of the citation for such 
     violation, and such employer has complied with 
     recommendations to bring such employer into compliance within 
     a reasonable period of time.''.

     SEC. 9. CONSULTATION SERVICES.

       Section 21(c) (29 U.S.C. 671(c)) is amended--
       (1) by striking ``(c) The'' and inserting ``(c)(1) The''; 
     and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) The Secretary shall, through the authority granted 
     under section 7(c) and paragraph (1), enter into cooperative 
     agreements with States for the provision of consultation 
     services by such States to employers concerning the provision 
     of safe and healthful working conditions. A State that has a 
     plan approved under section 18 shall be eligible to enter 
     into a cooperative agreement under this paragraph only if 
     such plan does not include provisions for federally funded 
     consultation to employers.
       ``(B)(i) Except as provided in clause (ii), the Secretary 
     shall reimburse a State that enters into a cooperative 
     agreement under subparagraph (A) in an amount that equals 90 
     percent of the costs incurred by the State under such 
     agreement.
       ``(ii) A State shall be fully reimbursed by the Secretary 
     for--
       ``(I) training approved by the Secretary for State staff 
     operating under a cooperative agreement; and
       ``(II) specified out-of-State travel expenses incurred by 
     such staff.
       ``(iii) A reimbursement paid to a State under this 
     subparagraph shall be limited to costs incurred by such State 
     for the provision of consultation services under this 
     paragraph and the costs described in clause (ii).
       ``(C) Notwithstanding any other provision of law, at least 
     15 percent of the total amount of funds appropriated for the 
     Occupational Safety and Health Administration for a fiscal 
     year shall be used for education, consultation, and outreach 
     efforts.''.

     SEC. 10. VOLUNTARY PROTECTION PROGRAMS.

       (a) Cooperative Agreements.--The Secretary of Labor shall 
     establish cooperative agreements to encourage the 
     establishment of comprehensive safety and health management 
     systems that include--
       (1) requirements for systematic assessment of hazards;
       (2) comprehensive hazard prevention, mitigation, and 
     control programs;
       (3) active and meaningful management and employee 
     participation in the voluntary program described in 
     subsection (b); and
       (4) employee safety and health training.
       (b) Voluntary Protection Program.--The Secretary of Labor 
     shall establish a voluntary protection program to encourage 
     the achievement of excellence in both the technical and 
     managerial protection of employees from occupational hazards 
     as follows:
       (1) Application.--Volunteers for the program shall be 
     required to submit an application to the Secretary of Labor 
     demonstrating that the worksite with respect to which the 
     application is made meets such qualifications as the 
     Secretary of Labor may prescribe for participation in the 
     program.
       (2) Onsite evaluations.--There shall be onsite evaluations 
     by representatives of the Secretary of Labor to ensure a high 
     level of protection of employees. The onsite visits shall not 
     result in enforcement citations under the Occupational Safety 
     and Health Act of 1970, as amended, unless representatives of 
     the Secretary of Labor observe hazards for which no agreement 
     can be made to abate the hazards in a reasonable amount of 
     time.
       (3) Information.--Volunteers who are approved for 
     participation by the Secretary of Labor shall assure the 
     Secretary of Labor that information about their safety and 
     health program shall be made readily available to the 
     Secretary of Labor to share with employers.
       (4) Reevaluations.--Continued participation in the program 
     shall require periodic reevaluations by the Secretary of 
     Labor.
       (5) Exemptions.--A site with respect to which a program has 
     been approved shall during participation in the program be 
     exempt from inspections and certain paperwork requirements to 
     be determined by the Secretary of Labor, except inspections 
     or investigations arising from employee complaints, 
     fatalities, catastrophes, or significant toxic releases.
       (c) Annual Fee.--The Secretary of Labor may charge an 
     annual fee to participants in a voluntary protection program 
     described in subsection (b). The fee shall be in an amount 
     determined by the Secretary of Labor, and amounts collected 
     shall be deposited in the general treasury of the United 
     States.
 Mrs. KASSEBAUM. Mr. President, I join my colleagues, Senators 
Gregg, Nunn, Jeffords, and Gorton, in introducing the Occupational 
Safety and Health Reform and Reinvention Act of 1995. Senator Gregg has 
been instrumental in crafting this legislation, which is an important 
step toward revitalizing a troubled agency.
  As chairman of the Committee on Labor and Human Resources, I 
frequently hear that OSHA focuses too much on paperwork and is too 
quick to issue citations in spite of good faith compliance efforts. 
Despite these criticisms, I remain committed to a strong OSHA program 
and will not compromise workplace safety.
  Mr. President, as committed as I am to this issue, we also must 
recognize that a great deal has changed since Congress first enacted 
the Occupational Safety and Health [OSH] Act in 1970. We have learned 
that although strong enforcement is important, we do not need a one-
size-fits-all OSHA enforcement policy. Most employers agree that safety 
makes good business sense, so we should not treat all employers the 
same way. We also have watched the Labor Department become preoccupied 
with paperwork rather than real safety hazards, and that needs to be 
changed.
  Mr. President, this OSHA reform bill will refocus OSHA on its primary 
mission, which is to improve the health and safety of American workers. 
It also requires OSHA to differentiate among employers based on their 
commitment to workplace safety.
  The legislation we introduce today provides positive incentives for 
employers to comply with the law. As a result, OSHA's limited resources 
will focus on the most dangerous work sites. Rather than offering more 
mandates and punitive sanctions, this bill rewards employers that 
establish effective health and safety programs or that utilize 
certified, private sector safety and health professionals by exempting 
these employers from regular, programmed OSHA inspections.
  In this way, OSHA may concentrate its efforts on the most dangerous 
workplaces. OSHA must use its resources efficiently.
  In addition, the bill reduces penalties for paperwork and other 
nonserious violations. OSHA must concentrate on serious hazards and not 
on posting requirements and paperwork.
  Mr. President, the administration has already endorsed many of the 
reforms in this proposal in their Reinventing Government report. I 
applaud those efforts and will assist the Labor Department as we move 
toward our common goal of improved safety.
  Mr. President, this legislation is long overdue, and I urge my 
colleagues to support it.
 Mr. NUNN. Mr. President, I would like to join my colleagues 
Senators Kassebaum, Gregg, and Gorton in introducing legislation to 
reform the Occupational Safety and Health Administration [OSHA].
  As my colleagues know, OSHA is one of the most frequently criticized 
agencies in the Federal Government. Recent polls show that OSHA ties 
with the Internal Revenue Service as the Federal agency which causes 
the most dissatisfaction among Americans. While everyone agrees that 
Government has a responsibility to help ensure safe and healthy 
workplaces, OSHA's reputation in this area is one of inefficient 
methods of promoting workplace safety that often alienate businesses 
and workers alike.
  I understand that some in Congress favor abolishing the agency 
entirely in order to remove the expensive and bureaucratic compliance 
burdens from business. Others favor maintaining the status quo or would 
have OSHA impose stiffer penalties and more specific requirements on 
businesses in order to coerce greater levels of workplace safety. I do 
not agree with any of these approaches. Instead, I am pleased to join 
my colleagues in crafting a common-sense approach which addresses past 
problems and keeps OSHA as a viable agency that is more responsive to 
the needs of business and more efficient in protecting workers.
  The bill has two main thrusts. The first is to rebalance the focus of 
OSHA away from solely the ``stick'' method of ensuring compliance which 
consists of stiff fines and to-the-letter enforcement of rules. 
Instead, we attempt to codify and extend OSHA's ongoing efforts to 
shift toward the ``carrot'' method, which rewards companies making 
successful, good-faith efforts at maintaining and improving safety in 

[[Page S 17348]]
the workplace. The enforcement authority available to OSHA would still 
remain, however OSHA would be able to utilize other tools to improve 
workplace safety.
  The second thrust of the bill is to make OSHA's operations more 
efficient. Studies have shown that many sites of serious workplace 
accidents have not been inspected by federal OSHA inspectors for 
several years prior to the accident. The studies showed that this 
problem is due in part to a shortage of inspectors and a mandate that 
OSHA follow up all complaints, no matter how minor. This proposed 
legislation would allow OSHA greater flexibility in allocating its 
resources so it can give the most serious workplace problems its 
highest priority.
  Mr. President, this bill, like all other legislative proposals, needs 
careful examination and can be approved. I am confident, however, that 
this proposal represents a good start to addressing the problems that 
affect this agency. I look forward to working with my colleague from 
Kansas, Senator Kassebaum, my colleague from New Hampshire, Senator 
Gregg, and my colleague from Washington, Senator Gorton at perfecting 
the measure, and I encourage our other Senate Colleagues to join with 
us in this process.

                          ____________________