[Congressional Record Volume 142, Number 43 (Tuesday, March 26, 1996)]
[Senate]
[Pages S2860-S2867]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DORGAN:
S. 1642. A bill to amend the Social Security Act to deny cash
benefits to drug addicts and alcoholics, and for other purposes; to the
Committee on Finance.
the social security act amendment act of 1996
Mr. DORGAN. Madam President, today, I introduce legislation
for which there is broad bipartisan support. Many of my colleagues
share my concern about monthly cash payments provided through the
Supplemental Security Income [SSI] and Social Security Disability
Insurance [SSDI] programs to people who are considered disabled solely
because they are drug addicts and alcoholics. My bill would terminate
cash benefits for these recipients of SSI and SSDI, and would instead
provide treatment for their addictions.
SSI was established in 1972 to provide cash benefits to needy
disabled persons with limited resources. Most Americans would be
surprised to learn that drug addiction and alcoholism can qualify a
person to receive monthly cash benefits under this program.
In fact, 135,000 people receive monthly SSI payments because they are
alcoholics or drug addicts--148 of them in my own State of North
Dakota. And this number is growing at a shocking pace.
The number of addicts receiving monthly SSI benefits quadrupled in
the last 4 years. Over 10 years, the percentage of SSI recipients who
receive payments because of an addiction to drugs or alcohol increased
from 0.3 percent of the caseload to more than 2 percent of the total
caseload today--for an annual cost to taxpayers of about $630 million.
To most Americans, this policy is wrong-headed. Substance abusers
need treatment, not cash handouts from the Federal Government. The bill
I am introducing today would address this problem by ending SSI and
SSDI cash benefits for those for whom substance abuse is a material
factor in their disability. Instead, drug addicts and alcoholics would
be provided with access to quality treatment for their diseases.
There is broad consensus that we must end cash benefits for substance
abusers. The House and Senate voted to terminate SSI and SSDI for drug
addicts and alcoholics when welfare reform legislation was considered.
These provisions have now been attached to legislation to raise the
Social Security earnings limit, which will soon be considered by the
Senate.
My bill is different from these proposals, however, because my bill
would retain Medicaid eligibility and provide access to treatment for
drug addicts and alcoholics.
Under the current system, recipients are required to participate in
treatment programs if they are available. However, quality programs
often are not available or are not easily accessible to SSI and SSDI
recipients. To make matters worse, the inspector general at the
Department of Health and Human Services recently reported that the
Social Security Administration does not know the treatment status of
most SSI recipients and does not provide monitoring of the program.
Access to quality treatment for drug addiction is not only an
effective way to truly help chemically dependent Americans--it is also
cost-effective. Experts testifying before the House Ways and Means
Subcommittee on Human Resources recently pointed out that every dollar
invested in treatment produced between $3 and $76 in health- and
criminal justice related savings.
These provisions of my bill ensure that people whose primary
disability is alcoholism or drug addiction will receive treatment
instead of cash benefits to address their disability. In addition, my
bill helps to ensure that people who have other disabilities but who
also have a chemical addiction will use cash benefits in a way that is
beneficial for their well-being.
Under current law, SSI and SSDI cash payments to recipients whose
principal disability is a chemical addiction are distributed through a
representative payee, rather than directly to the recipient. This is
intended to ensure that payments are used for the benefit of the
recipient, rather than to further his or her disability. My bill
extends that safeguard to any SSI or SSDI recipient who is chemically
dependent if the recipient is incapable of managing his or her own
benefits.
I hope my colleagues will join me in cosponsoring this legislation so
that we can underscore the importance of this issue. Cash assistance
will not help alcoholics and drug addicts overcome their diseases, but
quality treatment and medical care will.
I ask unanimous consent that the entire 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. 1642
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DENIAL OF CASH BENEFITS TO DRUG ADDICTS AND
ALCOHOLICS.
(a) Amendments Relating to Title II Disability Benefits.--
(1) In general.--Section 225(c) of the Social Security Act
(42 U.S.C. 425(c)) is amended--
(A) by striking ``(c)(1)(A)'' and inserting ``(2)(A)'';
(B) by striking paragraph (7) and by redesignating
paragraphs (2) through (6) as paragraphs (3) through (7),
respectively; and
(C) by inserting before paragraph (2) as redesignated by
subparagraph (A) the following new paragraph:
``(c)(1) No cash benefits shall be payable under this title
to any individual who is otherwise entitled to benefits under
this title based on disability, if such individual's
alcoholism or drug addiction is a contributing factor
material to the Commissioner's determination that such
individual is disabled.''.
(2) Treatment requirements.--
(A) Section 225(c)(2)(A) of such Act (42 U.S.C.
425(c)(2)(A)), as redesignated by paragraph (1), is amended
to read as follows:
``(2)(A)(i) Any individual who would be entitled to cash
benefits under this title but for the application of
paragraph (1) may elect to comply with the provisions of this
subsection.
``(ii) Any individual who is entitled to cash benefits
under this title by reason of disability (or whose
entitlement to such benefits is suspended), and who was
entitled to such benefits by reason of disability, for which
such individual's alcoholism or drug addiction was a
contributing factor material to the Commissioner's
determination that such individual was disabled, for the
month preceding the month in which this paragraph takes
effect, shall be required to comply with the provisions of
this subsection.''
(B) Section 225(c)(2)(B) of such Act (42 U.S.C.
425(c)(2)(B)), as so redesignated, is amended--
(i) by striking ``who is required under subparagraph (A)''
and inserting ``described in clause (ii) of subparagraph (A)
who is required''; and
(ii) by striking ``paragraph (3)'' and inserting
``paragraph (4)''.
(C) Section 225(c)(3)(A) of such Act (42 U.S.C.
425(c)(3)(A)), as so redesignated, is amended--
(i) by striking ``paragraph (1)'' and inserting ``paragraph
(2)(A)''; and
(ii) by striking ``paragraph (5)'' and inserting
``paragraph (6)''.
(D) Section 225(c)(3)(B) of such Act (42 U.S.C.
425(c)(3)(B)), as so redesignated, is amended by striking
``paragraph (1)'' and inserting ``paragraph (2)(A)''.
(E) Section 225(c)(5) of such Act (42 U.S.C. 425(c)(5)), as
so redesignated, is amended by striking ``paragraph (2)'' and
inserting ``paragraph (3)''.
(F) Section 225(c)(6)(A) of such Act (42 U.S.C.
425(c)(6)(A), as so redesignated, is amended--
(i) by striking ``who are receiving benefits under this
title and who as a condition of payment of such benefits''
and inserting ``described in paragraph (2)(A)(i) who elect to
undergo treatment; and the monitoring and testing of all
individuals described in paragraph (2)(A)(ii) who'';
(ii) by striking ``under paragraph (1)''; and
(iii) by striking ``paragraph (2)(A)'' and inserting
``paragraph (3)(A)''.
(G) Section 225(c)(6)(C)(ii)(I) of such Act (42 U.S.C.
425(c)(6)(C)(ii)(I)), as so redesignated, is amended--
(i) by striking ``residing in the State'' and all that
follows through ``they are disabled'' and inserting
``described in paragraph (2)(A) residing in the State''; and
(ii) by striking ``paragraph (2)(A)'' and inserting
``paragraph (3)(A)''.
[[Page S2861]]
(H) Section 225(c)(6)(C)(ii)(III) of such Act (42 U.S.C.
425(c)(6)(C)(ii)(III)), as so redesignated, is amended by
striking ``paragraph (2)(A)'' and inserting ``paragraph
(3)(A)''.
(I) Section 225(c)(6)(C) of such Act (42 U.S.C.
425(c)(6)(C)), as so redesignated, is amended by adding at
the end the following:
``(iii) The monitoring requirements of clause (ii) shall
not apply in the case of any individual described in
paragraph (2)(A)(i) who fails to comply with the requirements
of paragraph (2).''.
(J) Section 225(c)(7) of such Act (42 U.S.C. 425(c)(7)), as
so redesignated, is amended--
(i) in subparagraph (A), by striking ``who is entitled''
and all that follows through ``is under a disability'' and
inserting ``described in paragraph (2)(A)''; and
(ii) in subparagraph (D), by striking ``(4) or (7)'' and
inserting ``(5)''.
(K) Section 225(c)(8) of such Act (42 U.S.C. 425(c)(8)) is
amended by striking ``(1), (4) or (7)'' and inserting ``(2)
or (5)''.
(L) Section 225(c) of such Act (42 U.S.C. 425(c)) is
amended by adding at the end the following new paragraphs:
``(10) The Commissioner shall provide appropriate
notification to each individual subject to the limitation on
cash benefits contained in paragraph (1) and the treatment
provisions contained in paragraph (2).
``(11) The requirements of paragraph (2) shall cease to
apply to any individual if the Commissioner determines that
such individual no longer needs treatment.''.
(3) Representative payee requirements.--
(A) Section 205(j)(1)(B) of such Act (42 U.S.C.
405(j)(1)(B)) is amended to read as follows:
``(B) In the case of an individual entitled to benefits
based on disability, the payment of such benefits shall be
made to a representative payee if the Commissioner of Social
Security determines that such payment would serve the
interest of the individual because the individual also has an
alcoholism or drug addiction condition (as determined by the
Commissioner) and the individual is incapable of managing
such benefits.''.
(B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C.
405(j)(2)(C)(v)) is amended by striking ``entitled to
benefits'' and all that follows through ``under a
disability'' and inserting ``described in paragraph (1)(B)''.
(C) Section 205(j)(2)(D)(ii)(II) of such Act (42 U.S.C.
405(j)(2)(D)(ii)(II)) is amended by striking all that follows
``15 years, or'' and inserting ``described in paragraph
(1)(B).''.
(D) Section 205(j)(4)(A)(i)(II) of such Act (42 U.S.C.
405(j)(4)(A)(ii)(II)) is amended by striking ``entitled to
benefits'' and all that follows through ``under a
disability'' and inserting ``described in paragraph (1)(B)''.
(b) Amendments Relating to SSI Benefits.--
(1) In general.--Section 1611(e)(3) of the Social Security
Act (42 U.S.C. 1382(e)(3)) is amended--
(A) by striking ``(B)'' and inserting ``(C)'';
(B) by striking ``(3)(A) and inserting ``(B)''; and
(C) by inserting before subparagraph (B) as redesignated by
paragraph (2) the following new subparagraph:
``(3)(A) No cash benefits shall be payable under this title
to any individual who is otherwise eligible for benefits
under this title by reason of disability, if such
individual's alcoholism or drug addiction is a contributing
factor material to the Commissioner's determination that such
individual is disabled.''.
(2) Treatment requirements.--
(A) Section 1611(e)(3)(B)(i)(I) of such Act (42 U.S.C.
1382(e)(3)(B)(i)(I)), as redesignated by paragraph (1), is
amended to read as follows:
``(B)(i)(I)(aa) Any individual who would be eligible for
cash benefits under this title but for the application of
subparagraph (A) may elect to comply with the provisions of
this subparagraph.
``(bb) Any individual who is eligible for cash benefits
under this title by reason of disability (or whose
eligibility for such benefits is suspended) or is eligible
for benefits pursuant to section 1619(b), and who was
eligible for such benefits by reason of disability, for which
such individual's alcoholism or drug addiction was a
contributing factor material to the Commissioner's
determination that such individual was disabled, for the
month preceding the month in which this subparagraph takes
effect, shall be required to comply with the provisions of
this subparagraph.''.
(B) Section 1611(e)(3)(B)(i)(II) of such Act (42 U.S.C.
1382(e)(3)(B)(i)(II)), as so redesignated, is amended by
striking ``who is required under subclause (I)'' and
inserting ``described in division (bb) of subclause (I) who
is required''.
(C) Subclauses (I) and (II) of section 1611(e)(3)(B)(ii) of
such Act (42 U.S.C. 1382(e)(3)(B)(ii)), as so redesignated,
are each amended by striking ``clause (i)'' and inserting
``clause (i)(I)''.
(D) Section 1611(e)(3)(B) of such Act (42 U.S.C.
1382(e)(3)(B)), as so redesignated, is amended by striking
clause (v) and by redesignating clause (vi) as clause (v).
(E) Section 1611(e)(3)(B)(v) of such Act (42 U.S.C.
1382(e)(3)(B)(v)), as redesignated by subparagraph (D), is
amended--
(i) in subclause (I), by striking ``who is eligible'' and
all that follows through ``is disabled'' and inserting
``described in clause (i)(I)''; and
(ii) in subclause (V), by striking ``or (v)''.
(F) Section 1611(e)(3)(C)(i) of such Act (42 U.S.C.
1382(e)(3)(C)(i)), as redesignated by paragraph (1), is
amended by striking ``who are receiving benefits under this
title and who as a condition of such benefits'' and inserting
``described in subparagraph (B)(i)(I)(aa) who elect to
undergo treatment; and the monitoring and testing of all
individuals described in subparagraph (B)(i)(I)(bb) who''.
(G) Section 1611(e)(3)(C)(iii)(II)(aa) of such Act (42
U.S.C. 1382(e)(3)(C)(iii)(II)(aa)), as so redesignated, is
amended by striking ``residing in the State'' and all that
follows through ``they are disabled'' and inserting
``described in subparagraph (B)(i)(I) residing in the
State''.
(H) Section 1611(e)(3)(C)(iii) of such Act (42 U.S.C.
1382(e)(3)(C)(iii)), as so redesignated, is amended by adding
at the end the following:
``(III) The monitoring requirements of subclause (II) shall
not apply in the case of any individual described in
subparagraph (B)(i)(I)(aa) who fails to comply with the
requirements of subparagraph (B).''.
(I) Section 1611(e)(3) of such Act (42 U.S.C. 1382(e)(3)),
as amended by paragraph (1), is amended by adding at the end
the following new subparagraphs:
``(D) The Commissioner shall provide appropriate
notification to each individual subject to the limitation on
cash benefits contained in subparagraph (A) and the treatment
provisions contained in subparagraph (B).
``(E) The requirements of subparagraph (B) shall cease to
apply to any individual if the Commissioner determines that
such individual no longer needs treatment.''.
(3) Representative payee requirements.--
(A) Section 1631(a)(2)(A)(ii)(II) of such Act (42 U.S.C.
1383(a)(2)(A)(ii)(II)) is amended to read as follows:
``(II) In the case of an individual eligible for benefits
under this title by reason of disability, the payment of such
benefits shall be made to a representative payee if the
Commissioner of Social Security determines that such payment
would serve the interest of the individual because the
individual also has an alcoholism or drug addiction condition
(as determined by the Commissioner) and the individual is
incapable of managing such benefits.''.
(B) Section 1631(a)(2)(B)(vii) of such Act (42 U.S.C.
1383(a)(2)(B)(vii)) is amended by striking ``eligible for
benefits'' and all that follows through ``is disabled'' and
inserting ``described in subparagraph (A)(ii)(II)''.
(C) Section 1631(a)(2)(B)(ix)(II) of such Act (42 U.S.C.
1383(a)(2)(B)(ix)(II)) is amended by striking all that
follows ``15 years, or'' and inserting ``described in
subparagraph (A)(ii)(II).''.
(D) Section 1631(a)(2)(D)(i)(II) of such Act (42 U.S.C.
1383(a)(2)(D)(i)(II)) is amended by striking ``eligible for
benefits'' and all that follows through ``is disabled'' and
inserting ``described in subparagraph (A)(ii)(II)''.
(4) Preservation of medicaid eligibility.--Section 1634(e)
of such Act (42 U.S.C. 1382(e)) is amended--
(A) by striking ``clause (i) or (v) of section
1611(e)(3)(A)'' and inserting ``subparagraph (A) or
subparagraph (B)(i)(II) of section 1611(e)(3)''; and
(B) by adding at the end the following: ``This subsection
shall cease to apply to any such person if the Commissioner
determines that such person no longer needs treatment.''.
(5) Conforming amendment.--Section 201(c) of the Social
Security Independence and Program Improvements Act of 1994
(42 U.S.C. 425 note) is repealed.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to applicants for
benefits under title II or title XVI of the Social Security
Act for months beginning on or after the date of the
enactment of this Act, without regard to whether regulations
have been issued to implement such amendments.
(2) Application to current recipients.--Notwithstanding any
other provision of law, in the case of an individual who is
receiving benefits under title II of the Social Security Act
or supplemental security income benefits under title XVI of
such Act as of the date of the enactment of this Act and
whose entitlement or eligibility for such benefits would
terminate by reason of the amendments made by this section,
such amendments shall apply with respect to the benefits of
such individual for months beginning on or after January 1,
1997, and the Commissioner of Social Security shall so notify
the individual not later than 90 days after the date of the
enactment of this Act.
(3) Benefits under title xvi.--For purposes of this
subsection, the term ``benefits under title XVI of the Social
Security Act'' includes supplementary payments pursuant to an
agreement for Federal administration under section 1616(a) of
the Social Security Act, and payments pursuant to an
agreement entered into under section 212(b) of Public Law 93-
66.
______
By Mr. GREGG (for himself and Mrs. Kassebaum):
S. 1643. A bill to amend the Older Americans Act of 1965 to authorize
appropriations for fiscal years 1997 through 2001, and for other
purposes; to the Committee on Labor and Human Resources.
[[Page S2862]]
the older americans act amendments of 1996
Mr. GREGG. Mr. President, I rise today to introduce the Older
Americans Act Amendments of 1996. This important law recently saw its
30th anniversary, and I believe it is the type of legislation that we
should have more of in this country; it is a bill that is designed to
help our senior citizens help themselves. This is a bill that focuses
on meeting the needs of senior citizens in ways that will promote their
well-being and independence. Through a variety of supportive programs--
from providing meals that are both home-delivered and served in
congregate settings, to subsidizing seniors' income through an
employment and training program, to facilitating information, case
management, and referral services so that all available services to
seniors can be coordinated and maximized--this bill works to ensure the
system works for our older Americans.
This bill essentially takes what has become an overly complicated,
prescriptive law and streamlines it, turns significant amounts of
authority over to the States, encourages a bottoms-up planning process,
and allows programs and services to be tailored to meet actual--rather
than perceived--social and economic needs. This legislation will
provide maximum authority and flexibility to States and localities in
the design and operation of their services for seniors, while
protecting the integrity of a number of priority programs--including
outreach and counseling programs, the long-term care ombudsman,
preventive health efforts, elder abuse prevention, and legal assistance
services.
The bill drives more money into the delivery of those services most
needed in States and local communities through sound economic
principles. Throughout this bill, a ``bottoms-up'' planning process is
facilitated; this means actual needs will be met on the local level,
rather than what we perceive the needs to be from our distant vantage
point here in Washington. It is clear from a myriad of other programs
that we fund and that have failed that Washington does not always know
best. We must ensure that we don't drag this program down under a
father-knows-best mentality.
This is not a welfare bill. It is not legislation that is designed to
only meet the needs of specific populations or address specific
problems. Instead, the Older Americans Act is a continuum of programs
which have been structured to respond to everything from economic
needs, to physical and transportation problems, to answering
individuals' social requirements. All of our seniors should have the
opportunity for a nutritious meal, or to get other assistance when they
need it; this bill facilitates their access to these kinds of services.
This has never been considered a partisan piece of legislation, and
Senator Kassebaum and I have worked hard, along with Senator Mikulski
who is the ranking member on the Aging Subcommittee, to ensure that it
remains bipartisan. That is not to say that concerns on both sides of
the aisle were not fully explored. The goal has been to achieve the
strongest policy possible, and in doing so, meet the concerns of all of
our colleagues.
A concerted effort has been made to maintain an atmosphere of
collegiality and consensus. For the Republican members of the Labor
Committee, this has meant a willingness to recognize the value of a
particular policy in cases where we would have made other decisions
based on our general philosophy. In addition, we have taken a great
deal of time and effort to listen to and consult with interested groups
who are part of the aging network. We have extended an open-door policy
to anyone who expressed an interest in sharing their views and
exchanging ideas in a constructive environment. We responded to what we
heard; for example, we have retained the Eldercare Locator Service, a
program which allows family members to find services for their loved
ones, even if they are in a different part of the country. We retained
a separate line-item of funding for the long-term-care ombudsman
program, after hearing repeatedly of its significance in States across
the Nation.
The bill I am introducing here today, along with my colleague from
Kansas and the Chairman of our Committee, Senator Kassebaum, is a
result of that process over the last year. It contains policy that was
structured in response to excellent witnesses who testified both before
our subcommittee and the House. These individuals brought their unique,
grassroots perspective from the trenches to us here in Washington.
Their comments had a tremendous value in this process, as their issues
are real, not perceived. One provision we adopted on their advice was,
for example, to permit States to institute cost-sharing provisions;
however, we have ensured that these provisions will not prevent any
senior from receiving services due to an inability to pay.
This bill responds to concerns and questions that were posed after we
circulated a legislative proposal last December. It also incorporates a
number of items raised by the administration and the Democratic members
of the Labor Committee, both technical and substantive. These include:
Retaining authority for the Assistant Secretary to make grants for
preventive health activities, with priority given to medically
underserved areas and locations with the greatest economic need;
definition of low income at 150 percent of the Federal poverty line;
and mandated State planning requirements for legal assistance and
insurance-public benefit counseling.
The overall structure of this bill has also been changed. Like a
house that had numerous additions over the years, the Older Americans
Act had become disjointed. We have corrected that, restructuring the
act so that it is logically based on service and oversight
responsibilities, as opposed to program by program, fractionalized by
seven titles. The four titles of this bill include one for Federal
functions, one for State responsibilities, one for Area Agency on Aging
authorities, and one title for native American programs.
This bill maximizes flexibility for service delivery at the State and
local level, while still retaining protections over priority services,
such as outreach and counseling, long-term care ombudsmen, and case
management. The bill also rationalizes the funding formulas for both
nutrition and supportive services as well as SCSEP, the Senior
Community Service Employment Program. This is important because we must
direct our limited Federal resources to where a real need exists. We
must also be planning now for the future, and ensure that legislation
that we pass today will be structured to respond to the needs of
tomorrow and the 21st century.
In addition, we have directed funds to the administration, States,
and localities as required for the purpose of administering these
programs. While important functions are carried out with administrative
dollars, when faced with a choice between administration and service,
we have opted to meet the needs of our seniors wherever we can. To
further promote quality service delivery, we have eliminated the
artificial funding wall between home-delivered and congregate meals
programs. We have also increased the transfer authority between
nutrition programs and supportive services, which funds items such as
transportation, in-home assistance, health screening and education,
health insurance benefit options, crime prevention, and work on
multipurpose senior center facilities.
This bill retains the authority and authorizes funding of research
and demonstration grants in order to encourage innovative approaches to
the delivery of the critical services provided for under this act.
While, again, there is a limit on the number of dollars that can be
provided for such activities, we also have seen some excellent programs
emerge from these projects, and have attempted to find a way to
continue them.
We maintained a number of provisions to protect the quality of the
long-term-care ombudsman offices in each State by clarifying the
minimal criteria for eligibility and providing conflict-of-interest
safeguards. This bill ensures that particular attention continues to be
paid to the needs of the minority elderly population. In addition, the
legislation permits States to institute cost-sharing requirements as
they see necessary under a self-declaration-of-income standard.
Confidentiality standards are provided, and there is language which
ensures that no one will be denied services due to an inability to pay.
It is time to reexamine the status quo for all Federal programs and
make
[[Page S2863]]
improvements where necessary. And I think we have made an excellent
start with this bill, the Older Americans Act. Again, I would like to
thank Senators Kassebaum and Mikulski for their efforts on this bill. I
believe the bill will allow seniors across the country to remain
healthy, living in their own homes in their community, and supported in
their endeavors to stay independent. And this bill does all of this by
striving to maximize public-private partnership to supplement the
limited Federal funds available--encouraging the Federal dollars to be
used to leverage private funding, and by allowing priorities to be set
at the grassroots level whenever possible.
Mrs. KASSEBAUM. Mr. President, I rise today as an original cosponsor
of legislation to reauthorize the Older Americans Act of 1965. I am
pleased that Senator Gregg has taken the lead in drafting a bill that
grants States and local communities the authority and flexibility to
tailor programs to best fit the needs of their aging citizens.
The original Older Americans Act was passed in 1965 with the
intention of using joint Federal and State funds to provide a range of
services for elder Americans. Since that time, the act has evolved into
a comprehensive list of programs and services--ranging from legal and
counseling services to transportation and employment services to,
perhaps most importantly, nutrition services.
Every day thousands of seniors gather at congregate meal sites to
obtain nutrition services, as well as enjoy the companionship these
sites offer. Often, a nutrition site will serve as the point of entry
for seniors to gain knowledge of other services available to them
through their local communities or their area agency on aging. The
congregate meal sites serve as a valuable socialization too, as well as
often providing the only nutritious meal of the day for many seniors.
Through changes in the Older Americans Act, this legislation will
provide maximum authority and flexibility to States and localities in
the design and operation of their services for seniors, while
protecting the integrity of certain priority programs including:
outreach and counseling programs, case management, the long-term-care
ombudsman, preventive health efforts, and elder abuse prevention
programs. Mr. President, each State has very different needs. This bill
allows each State to craft programs to fit their individual
communities.
In addition, this proposal strives to maximize public-private
partnership, recognizing that the Federal Government is not able to
meet all the needs that exist among this growing population, but that
Federal funds can form a basis of support for leveraging private
dollars. Also important, I believe, is the retention of the authority
and funding for research and demonstration projects which encourage the
development of innovative approaches to the delivery of critical
services for seniors.
As the population continues to age and as needs change, more pressure
will be placed on providers to make sure that essential needs of the
elderly are met. I am hopeful that our efforts will lead to a system of
senior services that are not only more consumer driven but are also
better designed to offer support to seniors in their endeavors to
remain healthy and independent.
______
By Mr. BROWN (for himself, Mr. Simon, Mr. Grassley, and Mr.
Baucus):
S. 1644. A bill to authorize the extension of nondiscriminatory
treatment (most-favored-nation) to the products of Romania; to the
Committee on Finance.
romania most-favored-nation status legislation
Mr. BROWN. Mr. President, I rise today with several of my
distinguished colleagues, including Senator Paul Simon, Senator Chuck
Grassley, and Senator Max Baucus, to introduce a historic measure, a
bill to permanently restore nondiscriminatory treatment to the products
of Romania. We are joined by Representatives Phil Crane, Sam Gibbons,
and Barbara Kennelly in the House who are also introducing this same
bill in that body today.
On December 22, 1989, Romania emerged from years of brutal Communist
dictatorship and began its careful journey toward democracy and free
markets. By 1991, Romania had approved a new Constitution and elected a
Parliament, laying a foundation for a modern parliamentary democracy.
This year will mark the second nationwide Romanian Presidential
election under the new Constitution.
Romania's economic legacy of extreme centralization, an oppressive
Communist government and a stifling bureaucracy gave it one of the
longest paths to reach a functioning market economy of any of the
emerging democracies of Central Europe. Nonetheless, according to the
U.S. Department of Commerce, after many years of difficult work, much
of the necessary legislative framework for a market economy is in
place. Romania's economic reforms include the establishment of a two-
tier banking system, the introduction of a modern tax system, the
freeing of most prices and elimination of most subsidies, the adoption
of a tariff-based trade regime, and the privatization of nearly all
Romanian agriculture and rapidly developing enterprises.
As I witnessed on my recent visit to Romania, the economic changes
are remarkable. Romania's private sector currently accounts for 45
percent of gross domestic product, including more than 80 percent of
agricultural property with 5 million. new landowners, more than half a
million private firms, and 46,000 joint ventures with foreign capital.
American investment in Romania doubled from 1993 to 1994 and doubled
again in 1995, with total foreign investment of $1.6 billion as of
December 31, 1995. Romanian exports to the United States are growing
rapidly, increasing by 27 percent through the third quarter of 1995
over the same period in 1994.
All in all, Romania's progress in instituting democratic reforms and
a free market economy has earned it a permanent extension of most-
favored-nation treatment. In addition, Romania has been found by
President Clinton to be in full compliance with the freedom of
emigration requirements under title IV of the Trade Act of 1974. As I
found during my recent visit, Romania is clearly making significant
progress in rejoining the West. I urge the support of my colleagues for
the earliest consideration of this important measure.
______
By Mr. KERRY (for himself and Mr. Hollings):
S. 1645. A bill to regulate United States scientific and tourist in
Antarctica, to conserve Antarctic resources, and for other purposes; to
the Committee on Commerce.
the antarctic science, tourism, and conservation act of 1996
Mr. KERRY. Mr. President, today I am introducing the Antarctic
Science, Tourism, and Conservation Act of 1996. The purpose of this
legislation is to enable the United States to implement the Protocol on
Environmental Protection to the Antarctic Treaty. The Protocol was
negotiated by the parties of the Antarctic Treaty System and signed in
October, 1991. The Senate gave its advice and consent to the Protocol
on October 7, 1992. In August, 1993, I introduced the precursor to this
bill and the Senate Commerce Committee reported it to the full Senate
in early 1994. Unfortunately, continuing disagreements among
scientists, conservation groups, and the administration about the
legislative changes needed for the United States to carry out its
responsibilities under the Protocol prevented further action on that
bill.
Today, I am pleased to announce that the legislative impasse has come
to an end. The bill Senator Hollings and I are introducing is supported
by all the parties engaged in this somewhat lengthy but ultimately
successful consensus-building process.
Why are we concerned about implementing this particular international
agreement? The protocol recognizes that Antarctica is a unique and
fragile ecosystem that must be monitored and protected and it reaffirms
the designation of Antarctica as a special conservation area. At the
same time, the protocol encourages and supports the unparalleled
research opportunities Antarctica offers for scientific study of both
global and regional environmental processes. Finally, the protocol
acknowledges and addresses the impact of the growing number of tourists
who travel to the Antarctic to witness its wild beauty and bountiful
marine life, but whose presence is responsible for increasing
environmental stress.
[[Page S2864]]
The bill before us builds on the existing U.S. regulatory framework
provided in the Antarctic Conservation Act to implement the protocol
and to balance two important goals. The first goal is to conserve and
protect the Antarctic environment and resources. the second is to
minimize interference with scientific research. The bill amends the
Antarctic Conservation Act to make existing provisions governing U.S.
research activities consistent with the requirements of the Protocol.
As under current law, the Director of the National Science Foundation
[NSF] would remain the lead agency in managing the Antarctic science
program and in issuing regulations and research permits. In addition,
the bill calls for comprehensive assessment and monitoring of the
effects of both governmental and nongovernmental activities on the
fragile Antarctic ecosystem. It also would continue indefinitely a ban
on Antarctic mineral resource activities. Finally, the bill amends the
act to prevent pollution from ships to implement provisions of the
protocol relating to protection of marine resources.
Before closing, I would like to thank Senator Hollings, ranking
Democrat on the Commerce Committee; the Department of State, especially
Under Secretary for Global Affairs Tim Wirth and Tucker Scully of the
Bureau of Oceans and International Environmental and Scientific
Affairs; Dr. Neil Sullivan, Director of Polar Programs, and Larry
Rudolph of the National Science Foundation; and other interested
parties including Greenpeace, World Wildlife Fund, and especially the
Antarctica Project and its director Beth Marks for their hard work and
assistance in developing this bill.
As one of the founders of the Antarctic Treaty System, the United
States has an obligation to enact strong implementing legislation, and
our action to complete ratification of the protocol is long overdue. I
urge my colleagues' support, and prompt action to enact the Antarctic
Science, Tourism, and Conservation Act of 1996.
I ask unanimous consent that the text of the bill be printed in the
Record immediately following my statement.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1645
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antarctic Science, Tourism,
and Conservation Act of 1996''.
TITLE I--AMENDMENTS TO THE ANTARCTIC CONSERVATION ACT OF 1978
SEC. 101. FINDINGS AND PURPOSE.
(a) Findings.--Section 2(a) of the Antarctic Conservation
Act of 1978 (16 U.S.C. 2401(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(4) and (5) respectively, and inserting before paragraph (4),
as redesignated, the following:
``(1) for well over a quarter of a century, scientific
investigation has been the principal activity of the Federal
Government and United States nationals in Antarctica;
``(2) more recently, interest of American tourists in
Antarctica has increased;
``(3) as the lead civilian agency in Antarctica, the
National Science Foundation has long had responsibility for
ensuring that United States scientific activities and
tourism, and their supporting logistics operations, are
conducted with an eye to preserving the unique values of the
Antarctic region;'';
(2) by striking ``the Agreed Measures for the Conservation
of antarctic Fauna and Flora, adopted at the Third Antarctic
Treaty Consultative Meeting, have established a firm
foundation'' in paragraph (4), as redesignated, and inserting
``the Protocol establish a firm foundation for the
conservation of Antarctic resources,'';
(3) by striking paragraph (5), as redesignated, and
inserting the following:
``(5) the Antarctic Treaty and the Protocol establish
international mechanisms and create legal obligations
necessary for the maintenance of Antarctica as a natural
reserve devoted to peace and science.''.
(b) Purpose.--Section 2(b) of such Act (16 U.S.C. 2401(b))
is amended by striking ``Treaty, the Agreed Measures for the
Conservation of Antarctic Fauna and Flora, and Recommendation
VII-3 of the Eighth Antarctic treaty Consultative Meeting''
and inserting ``Treaty and the Protocol''.
SEC. 102. DEFINITIONS.
Section 3 of the Antarctic Conservation Act of 1978 (16
U.S.C. 2492) is amended to read as follows:
``SEC. 3. DEFINITIONS.
``For purposes of this Act--
``(1) the term `Administrator' means the Administrator of
the environmental Protection Agency;
``(2) the term `Antarctica' means the area south of 60
degrees south latitude;
``(3) the term `Antarctic Specially Protected Area' means
an area identified as such pursuant to Annex V to the
Protocol;
``(4) the term `Director' means the Director of the
National Science Foundation;
``(5) the term `harmful interference' means--
``(A) flying or landing helicopters or other aircraft in a
manner that disturbs concentrations of birds or seals;
``(B) using vehicles or vessels, including hovercraft and
small boats, in a manner that disturbs concentrations of
birds or seals;
``(C) using explosives or firearms in a manner that
disturbs concentrations of birds or seals;
``(D) willfully disturbing breeding or molting birds or
concentrations of birds or seals by persons on foot;
``(E) significantly damaging concentrations of native
terrestrial plants by landing aircraft, driving vehicles, or
walking on them, or by other means; and
``(F) any activity that results in the significant adverse
modification of habitats of any species or population of
native mammal, native bird, native plant, or native
invertebrate;
``(6) the term `historic site or monument' means any site
or monument listed as an historic site or monument pursuant
to Annex V to the Protocol;
``(7) the term `impact' means impact on the Antarctic
environment and dependent and associated ecosystems;
``(8) the term `import' means to land on, bring into, or
introduce into, or attempt to land on, bring into or
introduce into, any place subject to the jurisdiction of the
United States, including the 12-mile territorial sea of the
United States, whether or not such act constitutes an
important within the meaning of the customs laws of the
United States;
``(9) the term `native bird' means any member, at any stage
of its life cycle (including eggs), of any species of the
class Aves which is indigenous to Antarctica or occurs there
seasonally through natural migrations, and includes any part
of such member;
``(10) the term `native invertebrate' means any terrestial
or freshwater invertebrate, at any stage of its life cycle,
which is indigenous to Antarctica, and includes any part of
such invertebrate;
``(11) the term `native mammal' means any member, at any
stage of its life cycle, of any species of the class
Mammalia, which is indigenous to Antarctica or occurs there
seasonally through natural migrations, and includes any part
of such member;
``(12) the term `native plant' means any terrestrial or
freshwater vegetation, including bryophytes, lichens, fungi,
and algae, at any stage of its life cycle (including seeds
and other propagules), which is indigenous to Antarctica, and
includes any part of such vegetation;
``(13) the term `non-native species' means any species of
animal or plant which is not indigenous to Antarctica and
does not occur there seasonally through natural migrations;
``(14) the term `person' has the meaning given that term in
section 1 of title 1, United States Code, and includes any
person subject to the jurisdiction of the United States and
any department, agency, or other instrumentality of the
Federal Government or of any State or local government;
``(15) the term `prohibited product' means any substance
banned from introduction onto land or ice shelves or into
water in Antarctica pursuant to Annex III to the Protocol;
``(16) the term `prohibited waste' means any substance
which must be removed from Antarctica pursuant to Annex III
to the Protocol, but does not include materials used for
balloon envelopes required for scientific research and
weather forecasting;
``(17) the term `Protocol' means the Protocol on
Environmental Protection to the Antarctic Treaty, signed
October 4, 1991, in Madrid, and all annexes thereto,
including any future amendments thereto to which the United
States is a party;
``(18) the term `Secretary' means the Secretary of
Commerce;
``(19) the term `Specially Protected Species' means any
native species designated as a Specially Protected Species
pursuant to Annex II to the Protocol;
``(20) the term `take' means to kill, injure, capture,
handle, or molest a native mammal or bird, or to remove or
damage such quantities of native plants that their local
distribution or abundance would be significantly affected;
``(21) the term `Treaty' means the Antarctic Treaty signed
in Washington, DC, on December 1, 1959;
``(22) the term `United States' means the several States of
the Union, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States;
and
``(23) the term `vessel subject to the jurisdiction of the
United States' includes any `vessel of the United States' and
any `vessel subject to the jurisdiction of the United States'
as those terms are defined in section 303 of the Antarctic
Marine Living Resources Convention Act of 1984 (16 U.S.C.
2432).''.
SEC. 103. PROHIBITED ACTS.
Section 4 of the Antarctic Conservation Act of 1978 (16
U.S.C. 2403) is amended to read as follows:
[[Page S2865]]
``SEC. 4. PROHIBITED ACTS.
``(a) In General.--It is unlawful for any person--
``(1) to introduce any prohibited product onto land or ice
shelves or into water in Antarctica;
``(2) to dispose of any waste onto ice-free land areas or
into fresh water systems in Antarctica;
``(3) to dispose of any prohibited waste in Antarctica;
``(4) to engage in open burning of waste;
``(5) to transport passengers to, from, or within
Antarctica by any seagoing vessel not required to comply with
the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.), unless the person has an agreement with the vessel
owner or operator under which the owner or operator is
required to comply with Annex IV to the Protocol;
``(6) who organizes, sponsors, operates, or promotes a
nongovernmental expedition to Antarctica, and who does
business in the United States, to fail to notify all members
of the expedition of the environmental protection obligations
of this Act, and of actions which members must take, or not
take, in order to comply with those obligations;
``(7) to damage, remove, or destroy a historic site or
monument;
``(8) to refuse permission to any authorized officer or
employee of the United States to board a vessel, vehicle, or
aircraft of the United States, or subject to the jurisdiction
of the United States, for the purpose of conducting any
search or inspection in connection with the enforcement of
this Act or any regulation promulgated or permit issued under
this Act;
``(9) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any authorized officer or
employee of the United States in the conduct of any search or
inspection described in paragraph (8);
``(10) to resist a lawful arrest or detention for any act
prohibited by this section;
``(11) to interfere with, delay, or prevent, by any means,
the apprehension, arrest, or detention of another person,
knowing that such other person has committed any act
prohibited by this section;
``(12) to violate any regulation issued under this Act, or
any term or condition of any permit issued to that person
under this Act; or
``(13) to attempt to commit or cause to be committed any
act prohibited by this section.
``(b) Acts Prohibited Unless Authorized by Permit.--It is
unlawful for any person, unless authorized by a permit issued
under this Act--
``(1) to dispose of any waste in Antarctica (except as
otherwise authorized by the Act to Prevent Pollution from
Ships) including--
``(A) disposing of any waste from land into the sea in
Antarctica; and
``(B) incinerating any waste on land or ice shelves in
Antarctica, or on board vessels at points of embarcation or
debarcation, other than through the use at remote field sites
of incinerator toilets for human waste;
``(2) to introduce into Antarctica any member of a
nonnative species;
``(3) to enter or engage in activities within any Antarctic
Specially Protected Area;
``(4) to engage in any taking or harmful interference in
Antarctica; or
``(5) to receive, acquire, transport, offer for sale, sell,
purchase, import, export, or have custody, control, or
possession of, any native bird, native mammal, or native
plant which the person knows, or in the exercise of due care
should have known, was taken in violation of this Act.
``(c) Exception for Emergencies.--No act described in
subsection (a) (1), (2), (3), (4), (5), (7), (12), or (13) or
in subsection (b) shall be unlawful if the person committing
the act reasonably believed that the act was committed under
emergency circumstances involving the safety of human life or
of ships, aircraft, or equipment or facilities of high value,
or the protection of the environment.''.
SEC. 104. ENVIRONMENTAL IMPACT ASSESSMENT.
The Antarctic Conservation Act of 1978 is amended by
inserting after section 4 the following new section:
``SEC. 4A. ENVIRONMENTAL IMPACT ASSESSMENT.
``(a) Federal Activities.--(1)(A) the obligations of the
United States under Article 8 of and Annex I to the Protocol
shall be implemented by applying the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to proposals for
Federal agency activities in Antarctica, as specified in this
section.
``(B) The obligations contained in section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) shall apply to all proposals for Federal agency
activities occurring in Antarctica and affecting the quality
of the human environment in Antarctica or dependent or
associated ecosystems, only as specified in this section. For
purposes of the application of such section 102(2)(C) under
this subsection, the term ``significantly affecting the
quality of the human environment'' shall have the same
meaning as the term ``more than a minor or transitory
impact''.
``(2)(A) Unless an agency which proposes to conduct a
Federal activity in Antarctica determines that the activity
will have less than a minor or transitory impact, or unless a
comprehensive environmental evaluation is being prepared in
accordance with subparagraph (C), the agency shall prepare an
initial environmental evaluation in accordance with
Article 2 of Annex I to the Protocol.
``(B) If the agency determines, through the preparation of
the initial environmental evaluation, that the proposed
Federal activity is likely to have no more than a minor or
transitory impact, the activity may proceed if appropriate
procedures are put in place to assess and verify the impact
of the activity.
``(C) If the agency determines, through the preparation of
the initial environmental evaluation or otherwise, that a
proposed Federal activity is likely to have more than a minor
or transitory impact, the agency shall prepare and circulate
a comprehensive environmental evaluation in accordance with
Article 3 of Annex I to the Protocol, and shall make such
comprehensive environmental evaluation publicly available for
comment.
``(3) Any agency decision under this section on whether a
proposed Federal activity, to which paragraph (2)(C) applies,
should proceed, and, if so, whether in its original or in a
modified form, shall be based on the comprehensive
environmental evaluation as well as other considerations
which the agency, in the exercise of its discretion,
considers relevant.
``(4) For the purposes of this section, the term `Federal
activity' includes all activities conducted under a Federal
agency research program in Antarctica, whether or not
conducted by a Federal agency.
``(b) Federal Activities Carried Out Jointly With Foreign
Governments.--(1) For the purposes of this subsection, the
term `Antarctic joint activity' means any Federal activity in
Antarctica which is proposed to be conducted, or which is
conducted, jointly or in cooperation with one or more foreign
governments. Such term shall be defined in regulations
promulgated by such agencies as the President may designate.
``(2) Where the Secretary of State, in cooperation with the
lead United States agency planning an Antarctic joint
activity, determines that--
``(A) the major part of the joint activity is being
contributed by a government or governments other than the
United States;
(B) one such government is coordinating the implementation
of environmental impact assessment procedures for that
activity; and
(C) such government has signed, ratified, or acceded to the
Protocol,
the requirements of subsection (a) of this section shall not
apply with respect to that activity.
``(3) In all cases of Antarctic joint activity other than
those described in paragraph (2), the requirements of
subsection (a) of this section shall apply with respect to
that activity, except as provided in paragraph (4).
``(4) Determinations described in paragraph (2), and agency
actions and decisions in connection with assessments of
impacts of Antarctic joint activities, shall not be subject
to judicial review.
``(c) Nongovernmental Activities.--(1)The Administrator
shall, within 2 years after the date of the enactment of the
Antarctic Science, Tourism, and Conservation Act of 1996,
promulgate regulations to provide for--
``(A) the environmental impact assessment of
nongovernmental activities, including tourism, for which the
United States is required to give advance notice under
paragraph 5 of Article VII of the Treaty; and
``(B) coordination of the review of information regarding
environmental impact assessment received from other Parties
under the Protocol.
``(2) Such regulations shall be consistent with Annex I to
the Protocol.
``(d) Decision To Proceed.--(1) No decision shall be taken
to proceed with an activity for which a comprehensive
environmental evaluation is prepared under this section
unless there has been an opportunity for consideration of the
draft comprehensive environmental evaluation at an Antarctic
Treaty Consultative Meeting, except that no decision to
proceed with a proposed activity shall be delayed through the
operation of this paragraph for more than 15 months from the
date of circulation of the draft comprehensive environmental
evaluation pursuant to Article 3(3) of Annex I to the
Protocol.
``(2) The Secretary of State shall circulate the final
comprehensive environmental evaluation, in accordance with
Article 3(6) of Annex I to the Protocol, at least 60 days
before the commencement of the activity in Antarctica.
``(e) Cases of Emergency.--The requirements of this
section, and of regulations promulgated under this section,
shall not apply in cases of emergency relating to the safety
of human life or of ships, aircraft, or equipment and
facilities of high value, or the protection of the
environment, which require an activity to be undertaken
without fulfilling those requirements.
``(f) Exclusive Mechanism.--Notwithstanding any other
provision of law, the requirements of this section shall
constitute the sole and exclusive statutory obligations of
the Federal agencies with regard to assessing the
environmental impacts of proposed Federal activities
occurring in Antarctica.
``(g) Decisions on Permit Applications.--The provisions of
this section requiring environmental impact assessments
(including initial environmental evaluations and
comprehensive environmental evaluations) shall not apply to
Federal actions with respect to issuing permits under section
5.
``(h) Publication of Notices.--Whenever the Secretary of
State makes a determination under paragraph (2) of subsection
(b) of
[[Page S2866]]
this section, or receives a draft comprehensive
environmental evaluation in accordance with Annex I, Article
3(3) to the Protocol, the Secretary of State shall cause
timely notice thereof to be published in the Federal
Register.''.
SEC. 105. PERMITS.
Section 5 of the Antarctic Conservation Act of 1978 (16
U.S.C. 2404) is amended--
(1) in subsection (a) by striking ``section 4(a)'' and
inserting in lieu thereof ``section 4(b)'';
(2) in subsection (c)(1)(B) by striking ``Special'' and
inserting in lieu thereof ``Species''; and
(3) in subsection (e)--
(A) by striking ``or native plants to which the permit
applies,'' in paragraph (1)(A)(i) and inserting in lieu
thereof ``native plants, or native invertebrates to which the
permit applies, and'';
(B) by striking paragraph (1)(A) (ii) and (iii) and
inserting in lieu thereof the following new clause:
``(ii) the manner in which the taking or harmful
interference shall be conducted (which manner shall be
determined by the Director to be humane) and the area in
which it will be conducted;'';
(C) by striking ``within Antarctica (other than within any
specially protected area)'' in paragraph (2)(A) and inserting
in lieu thereof ``or harmful interference within
Antarctica'';
(D) by striking ``specially protected species'' in
paragraph (2) (A) and (B) and inserting in lieu thereof
``Specially Protected Species'';
(E) by striking ``; and'' at the end of paragraph
(2)(A)(i)(II) and inserting in lieu thereof ``, or'';
(F) by adding after paragraph (2)(A)(i)(II) the following
new subclause:
``(III) for unavoidable consequences of scientific
activities or the construction and operation of scientific
support facilities; and'';
(G) by striking ``with Antarctica and'' in paragraph
(2)(A)(ii)(II) and inserting in lieu thereof ``within
Antarctica are''; and
(H) by striking subparagraphs (C) and (D) of paragraph (2)
and inserting in lieu thereof the following new subparagraph:
``(C) A permit authorizing the entry into an Antarctic
Specially Protected Area shall be issued only--
``(i) if the entry is consistent with an approved
management plan, or
``(ii) if a management plan relating to the area has not
been approved but--
``(I) there is a compelling purpose for such entry which
cannot be served elsewhere, and
``(II) the actions allowed under the permit will not
jeopardize the natural ecological system existing in such
area.''.
SEC. 106. REGULATIONS.
Section 6 of the Antarctic Conservation Act of 1978 (16
U.S.C. 2405) is amended to read as follows:
``SEC. 6. REGULATIONS.
``(a) Regulations To Be Issued by the Director.--(1) The
Director shall issue such regulations as are necessary and
appropriate to implement Annex II and Annex V to the Protocol
and the provisions of this Act which implement those annexes,
including 4(b)(2), (3), (4), and (5) of this Act. The
Director shall designate as native species--
``(A) each species of the class Aves;
``(B) each species of the class Mammalia; and
``(C) each species of plant,
which is indigenous to Antarctica or which occurs there
seasonally through natural migrations.
``(2) The Director, with the concurrence of the
Administrator, shall issue such regulations as are necessary
and appropriate to implement Annex III to the Protocol and
the provisions of this Act which implement that Annex,
including section 4(a) (1), (2), (3), and (4), and section
4(b)(1) of this Act.
``(3) The Director shall issue such regulations as are
necessary and appropriate to implement Article 15 of the
Protocol with respect to land areas and ice shelves in
Antarctica.
``(4) The Director shall issue such additional regulations
as are necessary and appropriate to implement the Protocol
and this Act, except as provided in subsection (b).
``(b) Regulations To Be Issued by the Secretary of the
Department in Which the Coast Guard is Operating.--The
Secretary of the Department in which the Coast Guard is
operating shall issue such regulations as are necessary and
appropriate, in addition to regulations issued under the Act
to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), to
implement Annex IV to the Protocol and the provisions of this
Act which implement that Annex, and, with the concurrence of
the Director, such regulations as are necessary and
appropriate to implement Article 15 of the Protocol with
respect to vessels.
``(c) Time Period for Regulations.--The regulations to be
issued under subsection (a)(1) and (2) of this section shall
be issued within 2 years after the date of the enactment of
the Antarctic Science, Tourism, and Conservation Act of 1996.
The regulations to be issued under subsection (a)(3) of this
section shall be issued within 3 years after the date of the
enactment of the Antarctic Science, Tourism, and Conservation
Act of 1996.''.
SEC. 107. SAVING PROVISIONS.
Section 14 of the Antarctic Conservation Act of 1978 is
amended to read as follows:
``SEC. 14. SAVING PROVISIONS.
``(a) Regulations.--All regulations promulgated under this
Act prior to the date of the enactment of the Antarctic
Science, Tourism, and Conservation Act of 1996 shall remain
in effect until superseding regulations are promulgated under
section 6.
``(b) Permits.--All permits issued under this Act shall
remain in effect until they expire in accordance with the
terms of those permits.''.
TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS
SEC. 201. AMENDMENTS TO ACT TO PREVENT POLLUTION FROM SHIPS.
(a) Definitions.--Section 2 of the Act to Prevent Pollution
from Ships (33 U.S.C. 1901) is amended--
(1) by redesignating paragraphs (1) through (9) of
subsection (a) as paragraphs (3) through (11), respectively;
(2) by inserting before paragraph (3), as so redesignated
by paragraph (1) of this subsection, the following new
paragraphs:
``(1) `Antarctica' means the area south of 60 degrees south
latitude;
``(2) `Antarctic Protocol' means the Protocol on
Environmental Protection to the Antarctic Treaty, signed
October 4, 1991, in Madrid, and all annexes thereto, and
includes any future amendments thereto which have entered
into force;''; and
(3) by adding at the end the following new subsection:
``(c) For the purposes of this Act, the requirements of
Annex IV to the Antarctic Protocol shall apply in Antarctica
to all vessels over which the United States has
jurisdiction.''.
(b) Application of Act.--Section 3(b)(1)(B) of the Act to
Prevent Pollution from Ships (33 U.S.C. 1902(b)(1)(B)) is
amended by inserting ``or the Antarctic Protocol'' after
``MARPOL Protocol''.
(c) Administration.--Section 4 of the Act to Prevent
Pollution from Ships (33 U.S.C. 1903) is amended--
(1) by inserting ``, Annex IV to the Antarctic Protocol,''
after ``the MARPOL Protocol'' in the first sentence of
subsection (a);
(2) in subsection (b)(1) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``the MARPOL Protocol'';
(3) in subsection (b)(2)(A) by striking ``within 1 year
after the effective date of this paragraph,''; and
(4) in subsection (b)(2)(A)(i) by inserting ``and of Annex
IV to the Antarctic Protocol'' after ``the Convention''.
(d) Pollution Reception Facilities.--Section 6 of the Act
to Prevent Pollution from Ships (33 U.S.C. 1905) is amended--
(1) in subsection (b) by inserting ``or the Antarctic
Protocol'' after ``the MARPOL Protocol'';
(2) in subsection (e)(1) by inserting ``or the Antarctic
Protocol'' after ``the Convention'';
(3) in subsection (e)(1)(A) by inserting ``or Article 9 of
Annex IV to the Antarctic Protocol'' after ``the
Convention''; and
(4) in subsection (f) by inserting ``or the Antarctic
Protocol'' after ``the MARPOL Protocol''.
(e) Violations.--Section 8 of the Act to Prevent Pollution
from Ships (33 U.S.C. 1907) is amended--
(1) in the first sentence of subsection (a) by inserting
``Annex IV to the Antarctic Protocol,'' after ``MARPOL
Protocol,'';
(2) in the second sentence of subsection (a)--
(A) by inserting ``or to the Antarctic Protocol'' after
``to the MARPOL Protocol''; and
(B) by inserting ``and Annex IV to the Antarctic Protocol''
after ``of the MARPOL Protocol'';
(3) in subsection (b) by inserting ``or the Antarctic
Protocol'' after ``MARPOL Protocol'' both places it appears;
(4) in subsection (c)(1) by inserting ``, of Article 3 or
Article 4 of Annex IV to the Antarctic Protocol.'' after ``to
the Convention'';
(5) in subsection (c)(2) by inserting ``or the Antarctic
Protocol'' after ``which the MARPOL Protocol'';
(6) in subsection (c)(2)(A) by inserting ``, Annex IV to
the Antarctic Protocol,'' after ``MARPOL Protocol'';
(7) in subsection (c)(2)(B)--
(A) by inserting ``or the Antarctic Protocol'' after ``to
the MARPOL Protocol''; and
(B) by inserting ``or Annex IV to the Antarctic Protocol''
after ``of the MARPOL Protocol'';
(8) in subsection (d)(1) by inserting ``, Article 5 of
Annex IV to the Antarctic Protocol,'' after ``Convention'';
(9) in subsection (e)(1)--
(A) by inserting ``or the Antarctic Protocol'' after
``MARPOL Protocol''; and
(B) by striking ``that Protocol'' and inserting in lieu
thereof ``those Protocols''; and
(10) in subsection (e)(2) by inserting ``, of Annex IV to
the Antarctic Protocol,'' after ``MARPOL Protocol''.
(f)Penalties.--Section 9 of the Act to Prevent Pollution
from Ships (33 U.S.C. 1908) is amended--
(1) in subsection (a) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(2) in subsection (b)(1) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(3) in subsection (b)(2) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(4) in subsection (d) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(5) in subsection (e) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol''; and
(6) in subsection (f) by inserting ``or the Antarctic
Protocol'' after ``MARPOL Protocol'' both places it appears.
[[Page S2867]]
SEC. 202. PROHIBITION OF CERTAIN ANTARCTIC RESOURCE
ACTIVITIES.
(a) Agreement or Legislation Required.--Section 4 of the
Antarctic Protection Act of 1990 (16 U.S.C. 2463) is amended
by striking ``Pending a new agreement among the Antarctic
Treaty Consultative Parties in force for the United States,
to which the Senate has given advice and consent or which is
authorized by further legislation by the Congress, which
provides an indefinite ban on Antarctic mineral resource
activities, it'' and inserting in lieu thereof ``It''.
(b) Repeals.--Sections 5 and 7 of such Act (16 U.S.C. 2464
and 2466) are repealed.
(c) Redesignation.--Section 6 of such Act (16 U.S.C. 2465)
is redesignated as section 5.
Mr. HOLLINGS. Mr. President, today I join with Senator Kerry
in introducing the Antarctic Science, Tourism, and Conservation Act of
1996, which will implement the Protocol on Environmental Protection to
the Antarctic Treaty. The protocol was signed by the United States 5
years ago and approved by the Senate in the 102d Congress; yet
implementing legislation remains to be completed. In the 103d Congress,
the Senate Commerce Committee reported implementing legislation, but
differences among key agencies and interests prevented further action.
Now that those differences have been reconciled, it is timely to
complete the implementation effort.
I had the opportunity to visit Antarctica in 1988, and can attest
both to its pristine beauty and to the unique scientific activities
being conducted there. As many of my colleagues know, the activities of
U.S. citizens and interests in Antarctica are almost exclusively those
of federally sponsored scientific expeditions, together with their
Federal logistics support. These activities are concentrated at the
edge of the ice shelf and are based at the three U.S. research
stations: McMurdo, South Pole, and Palmer. The peak of activity occurs
at the height of the Antarctic summer, when there are about 1,200
personnel at McMurdo, 140 at South Pole, and 40 at Palmer. Occasional
U.S. tourists visit as well, under the overall responsibility of the
National Science Foundation [NSF]. NSF and the National Oceanic and
Atmospheric Administration [NOAA] are the main scientific agencies, and
the logistics and icebreaking support is provided by the Navy and Coast
Guard.
The Antarctic provides scientists with a truly unique laboratory to
conduct research that cannot be carried out anywhere else. During my
visit I was impressed by a number of dedicated scientists operating
under difficult circumstances to help us to understand better our
global environment. I witnessed NOAA's ozone hole research at the South
Pole, the sampling of ice cores at the Newell Glacier along the coast,
and marine biology investigations at McMurdo. Much of this research has
implications for the long term survival of human beings.
We must recognize, however, that such scientific endeavors need to be
carried out with great care in an environment as fragile as
Antarctica's. This is essential if Antarctica is to remain a natural
reserve that is of great scientific value for generations to come.
While much has been done in recent years to improve the environmental
soundness of U.S. operations there, the Antarctic Science, Tourism, and
Conservation Act of 1996 will help to ensure that present and future
U.S. activities comply with the highest environmental standards.
Implementation of the protocol is long overdue, and I am hopeful that
we can enact this bill very soon.
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