[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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