[Congressional Record Volume 142, Number 54 (Wednesday, April 24, 1996)]
[Senate]
[Pages S4063-S4065]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mr. Daschle and Mr. Dorgan):
  S. 1697. A bill to amend the independent counsel statute to require 
that an individual appointed to be an independent counsel must agree to 
suspend any outside legal work or affiliation with a law firm until the 
individual's service as independent counsel is complete; to the 
Committee on Governmental Affairs.


             the independent counsel amendment act of 1996

  Mr. BINGAMAN. Mr. President, I rise to introduce legislation on 
behalf of the distinguished Minority leader and myself that amends the 
independent counsel statute.
  In my opinion recent events have made clear that Congress should 
review the statute providing for the appointment of an independent 
counsel. The specific problem that concerns me, and which my bill will 
address, is the perception that an independent counsel who continues to 
practice law and represent clients while serving as independent counsel 
opens himself or herself to charges of conflict of interest resulting 
from continued representation of private clients.
  The bill I am introducing today amends the independent counsel 
statute to eliminate the possibility that such a conflict of interest 
will arise by requiring that, upon assuming the duties of independent 
counsel, an attorney refrain from representing clients until her duties 
as independent counsel have been completed. Additionally, my bill 
requires that the independent counsel not receive any compensation for 
affiliating with or being employed by an entity that provides 
professional legal services during the time of their service as 
independent counsel.
  This bill would not apply to the current independent counsel 
investigating the Whitewater matter. It would only apply to independent 
counsels appointed after the effective date of this legislation.
  Mr. President, as my friend and colleague from Arkansas, Senator 
Pryor pointed out yesterday, the Washington Post reported that the 
current independent counsel, Mr. Starr, has retained the services of 
Sam Dash, former chief counsel to the Senate Watergate Committee and a 
noted scholar on issues relating to legal ethics to advise Mr. Starr on 
matters stemming from his continued affiliation with his law firm and 
continued representation of clients.
  Setting aside for a moment the fact that Mr. Starr has seen fit to 
retain Mr. Dash on a part-time basis at a cost to the taxpayers of over 
$166,000, it strikes many as a little odd, Mr. President, that 
an independent counsel has for the first time hired someone to advise 
him on what is ethical and what is not. It is my understanding from 
published reports in the Washington Post, the New Yorker, and other 
sources,

[[Page S4064]]

that the primary ``ethical'' concern that Mr. Dash is advising the 
Whitewater independent counsel on, is related to issues that have 
arisen as a result of Mr. Starr's continued private practice of law and 
his continued representation of clients who, at the very least, have 
agendas that are diametrically opposed to one of the primary targets of 
the Whitewater investigation--the Clinton administration. Commenting on 
the issues that have been raised by Mr. Starr's involvement with the 
Bradley Foundation, a conservative foundation that gives money to many 
virulent critics of the Clinton administration, Ellen Miller, executive 
director of the Center for Responsive Politics said, ``But you don't 
have to scratch far beneath the surface to find not just one but many, 
many, many conflicts of interest.''

  Mr. President, I am not here to judge the numerous allegations of 
conflicts of interests that have been brought against the current 
Whitewater independent counsel. Those issues need to be addressed by 
the special panel of judges from the U.S. Court of Appeals for the 
District of Columbia which appointed Mr. Starr. However, I do think 
that the Congress has an opportunity and indeed the obligation to 
ensure that the current troubles plaguing Mr. Starr do not plague 
future independent counsels.
  Mr. President, I think that too often we search for complicated 
solutions to simple problems. We devise complex mechanisms to deal with 
rather straightforward issues. I believe that we can and should avoid 
doing that in this case. My legislation addresses a serious concern 
with a simple and straightforward response. Potential conflicts of 
interest resulting from continued, outside employment by a law firm and 
from representation of outside clients can be avoided by simply 
requiring that the independent counsel devote her fulltime attention to 
the duties of the independent counsel's office.
  No one will argue, Mr. President, that the office of independent 
counsel has not served an important function since the days of 
Watergate. The integrity and impartiality of the office is far too 
important to its proper functioning to risk under circumstances like 
those swirling around the current Whitewater independent counsel. That 
is why I offer this legislation. I am trying by this pro-active 
legislation to eliminate the need for other independent counsel to hire 
Mr. Dash or anyone else to advise them on potential conflicts of 
interest they might have.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1697

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

     SECTION 1. STANDARDS OF CONDUCT FOR INDEPENDENT COUNSELS.

       Paragraph (1) of section 594(j) of title 28, United States 
     Code, is amended to read as follows:
       ``(1) Restrictions on employment while independent counsel 
     and appointees are serving.--(A) During the period in which 
     an independent counsel is serving under this chapter, the 
     independent counsel shall not--
       ``(i) engage in any legal work other than as required for 
     service under this chapter; or
       ``(ii) receive any compensation for affiliating with or 
     being employed by an entity that provides professional legal 
     services.
       ``(B) During the period in which an independent counsel is 
     serving under this chapter, any person associated with a firm 
     with which such independent counsel is associated, may not 
     represent in any matter any person involved in any 
     investigation or prosecution under this chapter. During the 
     period in which any person appointed by an independent 
     counsel under subsection (c) is serving in the office of 
     independent counsel, such person may not represent in any 
     matter any person involved in any investigation or 
     prosecution under this chapter.''.

      By Mr. BINGAMAN:
  S. 1699. A bill to establish the National Cave and Karst Research 
Institute in the State of New Mexico, and for other purposes; to the 
Committee on Energy and Natural Resources.


       The National Cave and Karst Research Institute Act of 1996

  Mr. BINGAMAN. Mr. President, in December 1994, Congress received the 
National Cave and Karst Research Institute Study from the National Park 
Service. The report studied the feasibility of creating a National Cave 
and Karst Research Institute in the vicinity of Carlsbad Caverns 
National Park, NM, as directed by Public Law 101-578. Today, I am here 
to introduce a bill which follows the guidelines of that report and 
which will establish the National Cave and Karst Research Institute in 
Carlsbad, NM.
  While other nations have recognized the importance of cave resource 
management information and have sponsored cave and karst research, the 
United States has failed, until recently, to appreciate or work to 
understand cave and karst systems and their importance. As we approach 
the 21st century, the protection and management of our water resources 
has been identified as one of the major issues facing the world. In 
America, the majority of the Nation's freshwater is ground water--of 
which 25 percent is located in cave and karst regions.
  Recent studies have also indicated that caves contain valuable 
information related to global climate change, waste disposal, ground 
water supply and contamination, petroleum recovery, and biomedical 
investigations. Caves provide a unique understanding of the historic 
events of humankind. Further they are considered sacred and have 
religious significance for American Indians and other native Americans.
  According to the Federal Cave Resources Protection Act, karst is 
defined as a landform characterized by sinkholes, caves, dry valleys, 
fluted rocks, enclosed depressions, underground streamways and spring 
resurgences. As a whole, 20 percent of the United States is karst. In 
fact, east of central Oklahoma, 40 percent of the country is karst. Our 
National Park System manages 58 units with caves and karst features, 
yet academic programs on these systems are virtually nonexistent. Most 
research is conducted with little or no funding and the resulting data 
is scattered and often hard to locate. The few cave and karst 
organizations and programs which do exist, have substantially different 
missions, locations, and funding sources and there is no centralized 
program to analyze data or determine future research needs.
  In 1988, Congress directed the Secretaries of the Interior and 
Agriculture to provide an inventory of caves on Federal lands and to 
provide for the management and dissemination of information about the 
caves. That directive has served only to make Federal land management 
agencies more aware of the need for a cave research program and a 
repository for cave and karst resources. In 1990, Congress further 
directed the Secretary of the Interior, through the Director of the 
National Park Service, to establish and administer a cave research 
program and prepare a proposal for Congress on the feasibility of a 
centralized National Cave and Karst Research Institute.
  The National Cave and Karst Research Institute study report to 
Congress was released in December 1994 and not only supports 
establishing the institute, but lists several serious threats to 
continued uninformed management practices. Threats such as: alterations 
in the surface waterflow patterns in karst regions, alterations in or 
pollution of water infiltration routes, inappropriately placed toxic 
waste repositories, and poorly managed or designed sewage systems and 
landfills. The findings of the report conclude that it is only through 
a better understanding of cave resources that we can prevent 
detrimental impacts to America's natural resources and cave ecosystems.
  The goals of the National Cave and Karst Research Institute, as 
outlined in the report, would be to further the science of speleology, 
to centralize speleological information, to further interdisciplinary 
cooperation in cave and karst research programs, and to promote 
environmentally sound, sustainable resource management practices. These 
goals would work hand in hand with the proposed objectives of the 
institute to establish a comprehensive cave and karst library and 
information data base, to sponsor national and international cave and 
karst symposiums, to develop longterm research studies, to produce 
cave-related educational publications and to develop cooperative 
agreements with all Federal agencies having cave management 
responsibilities.

[[Page S4065]]

  The vicinity of Carlsbad Caverns National Park is ideal due to the 
community support which already exists for the establishment of the 
institute and the diverse cave and karst resources which are found 
throughout the region.
  Carlsbad, NM has grown from a small railroad stop on what is now the 
Santa Fe Railroad to a growing city with a population of over 170,000 
in the tricounty area. It continues to attract new businesses, small 
manufacturers, retirees, and research facilities, including the U.S. 
Department of Energy's Carlsbad area office. In addition, Carlsbad 
Caverns National Park attracts over 700,000 visitors per year.
  The National Cave and Karst Research Institute would be jointly 
administered by the National Park Service and another public or private 
agency, organization or institution as determined by the Secretary. The 
Carlsbad Department of Development [CDOD], after reviewing the National 
Cave and Karst Research Institute study report, has developed proposals 
to obtain financial support from available and supportive 
organizational resources--including personnel, facilities, equipment, 
and volunteers. They further believe that they can obtain serious 
financial support from the private sector and would seek a matching 
grant from the State of New Mexico equal to the available Federal 
funds.
  Carlsbad already has in place many of the needed cooperative 
institutions, facilities, and volunteers that will work toward the 
success of the National Cave and Karst Institute. I strongly urge my 
colleagues to support this legislation to increase our understanding of 
cave and karst systems.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1699

       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 ``National Cave and Karst 
     Research Institute Act of 1996''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to further the science of speleology;
       (2) to centralize and standardize speleological 
     information;
       (3) to foster interdisciplinary cooperation in cave and 
     karst research programs;
       (4) to promote public education;
       (5) to promote national and international cooperation in 
     protecting the environment for the benefit of cave and karst 
     landforms; and
       (6) to promote and develop environmentally sound and 
     sustainable resource management practices.

     SEC. 3. ESTABLISHMENT OF THE INSTITUTE.

       (a) In General.--The Secretary of the Interior (referred to 
     in this Act as the ``Secretary''), acting through the 
     Director of the National Park Service, shall establish the 
     National Cave and Karst Research Institute (referred to in 
     this Act as the ``Institute'').
       (b) Purposes.--The Institute shall, to the extent 
     practicable, further the purposes of this Act.
       (c) Location.--The Institute shall be located in the 
     vicinity of Carlsbad Caverns National Park, in the State of 
     New Mexico. The Institute shall not be located inside the 
     boundaries of Carlsbad Caverns National Park.

     SEC. 4. ADMINISTRATION OF THE INSTITUTE.

       (a) Management.--The Institute shall be jointly 
     administered by the National Park Service and a public 
     or private agency, organization, or institution, as 
     determined by the Secretary.
       (b) Guidelines.--The Institute shall be operated and 
     managed in accordance with the study prepared by the National 
     Park Service pursuant to section 203 of the Act entitled ``An 
     Act to conduct certain studies in the State of New Mexico'', 
     approved November 15, 1990 (Public Law 101-578; 16 U.S.C. 
     4310 note).
       (c) Contracts and Cooperative Agreements.--The Secretary 
     may enter into a contract or cooperative agreement with a 
     public or private agency, organization, or institution to 
     carry out this Act.
       (d) Facility.--
       (1) Leasing or acquiring a facility.--The Secretary may 
     lease or acquire a facility for the Institute.
       (2) Construction of a facility.--If the Secretary 
     determines that a suitable facility is not available for a 
     lease or acquisition under paragraph (1), the Secretary may 
     construct a facility for the Institute.
       (e) Acceptance of Grants and Transfers.--To carry out this 
     Act, the Secretary may accept--
       (1) a grant or donation from a private person;
       (2) a transfer of funds from another Federal agency.

     SEC. 5. FUNDING.

       (a) Matching Funds.--The Secretary may spend only such 
     amount of Federal funds to carry out this Act as is matched 
     by an equal amount of funds from non-Federal sources.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this Act.
                                 ______