Congressional Record, Volume 142 Issue 63 (Wednesday, May 8, 1996)

[Congressional Record Volume 142, Number 63 (Wednesday, May 8, 1996)]
[Senate]
[Pages S4851-S4871]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. LUGAR (for himself and Mr. Pell) (by request):
S. 1732. A bill to implement the obligations of the United States
under the Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction, known
as ``the Chemical Weapons Convention'' and opened for signature and
signed by the United States on January 13, 1993; to the Committee on
Foreign Relations.

the chemical weapons convention implementation act

Mr. LUGAR. Mr. President, on behalf of Senator Pell and myself, I
rise to introduce, by request, the Chemical Weapons Convention
Implementation Act.
The Chemical Weapons Convention was signed by the United States on
January 13, 1993, and was submitted by President Clinton to the U.S.
Senate on November 23, 1993, for its advice and consent to
ratification.
The Chemical Weapons Convention has been the subject of numerous
hearings by various committees and was reported out of the Committee on
Foreign Relations last month. It is now awaiting action by the full
Senate.
The Chemical Weapons Convention contains a number of provisions that
require implementing legislation to give them effect within the United
States. These include: international inspections of U.S. facilities;
declarations by U.S. chemical and related industry; and establishment
of a national

[[Page S4852]]

authority to serve as the liaison between the United States and the
international organization established by the Chemical Weapons
Convention and the States parties to the convention.
Mr. President, I ask unanimous consent that this Implementation Act
that we are introducing at the request of the administration be printed
in the Record, together with the transmittal letter to the President of
the Senate from the Director of the U.S. Arms Control and Disarmament
Agency, John D. Holum.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 1732

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 ``Chemical Weapons Convention
Implementation Act of 1995.''

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows--
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional findings.
Sec. 4. Congressional declarations.
Sec. 5. Definitions.
Sec. 6. Severability.

TITLE I--NATIONAL AUTHORITY

Sec. 101. Establishment.

TITLE II--APPLICATION OF CONVENTION PROHIBITIONS TO NATURAL AND LEGAL
PERSONS

Sec. 201. Criminal provisions.
Sec. 202. Effective date.
Sec. 203. Restrictions on scheduled chemicals.

TITLE III--REPORTING

Sec. 301. Reporting of information.
Sec. 302. Confidentiality of information.
Sec. 303. Prohibited acts.

TITLE IV--INSPECTIONS

Sec. 401. Inspections pursuant to Article VI of the Chemical Weapons
Convention.
Sec. 402. Other inspections pursuant to the Chemical Weapons Convention
and lead agency.
Sec. 403. Prohibited acts.
Sec. 404. Penalties.
Sec. 405. Specific enforcement.
Sec. 406. Legal proceedings.
Sec. 407. Authority.
Sec. 408. Saving provision.

SEC. 3. CONGRESSIONAL FINDINGS.

The Congress makes the following findings--
(1) Chemical weapons pose a significant threat to the
national security of the United States and are a scourge to
humankind.
(2) The Chemical Weapons Convention is the best means of
ensuring the nonproliferation of chemical weapons and their
eventual destruction and forswearing by all nations.
(3) The verification procedures contained in the Chemical
Weapons Convention and the faithful adherence of nations to
them, including the United States, are crucial to the success
of the Convention.
(4) The declarations and inspections required by the
Chemical Weapons Convention are essential for the
effectiveness of the verification regime.

SEC. 4. CONGRESSIONAL DECLARATIONS.

The Congress makes the following declarations--
(1) It shall be the policy of the United States to
cooperate with other States Parties to the Chemical Weapons
Convention and to afford the appropriate form of legal
assistance to facilitate the implementation of the
prohibitions contained in title II of this Act.
(2) It shall be the policy of the United States, during the
implementation of its obligations under the Chemical Weapons
Convention, to assign the highest priority to ensuring the
safety of people and to protecting the environment, and to
cooperate as appropriate with other States Parties to the
Convention in this regard.
(3) It shall be the policy of the United States to
minimize, to the greatest extend practicable, the
administrative burden and intrusiveness of measures to
implement the Chemical Weapons Convention placed on
commercial and other private entities, and to take into
account the possible competitive impact of regulatory
measures on industry, consistent with the obligations of the
United States under the Convention.

SEC. 5. DEFINITIONS.

(a) In General.--Except as otherwise provided in this Act,
the definitions of the terms used in this Act shall be those
contained in the Chemical Weapons Convention. Nothing in
paragraphs 2 or 3 of Article II of the Chemical Weapons
Convention shall be construed to limit verification
activities pursuant to Parts X or XI of the Annex on
Implementation and Verification of the Convention.
(b) Other Definitions.--
(1) The term ``Chemical Weapons Convention'' means the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction, opened for signature on January 13, 1993.
(2) The term ``national of the United States'' has the same
meaning given such term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(3) The term ``United States,'' when used in a geographical
sense, includes all places under the jurisdiction or control
of the United States, including (A) any of the places within
the provisions of section 101(41) of the Federal Aviation Act
of 1958, as amended (49 U.S.C. App. Sec. 1301(41)), (B) any
public aircraft or civil aircraft of the United States, as
such terms as defined in sections 101(36) and (18) of the
Federal Aviation Act of 1958, as amended (49 U.S.C. App.
Secs. 1301(36) and 1301(18)), and (C) any vessel of the
United States, as such term is defined in section 3(b) of the
Maritime Drug Enforcement Act, as amended (46 U.S.C. App.
Sec. 1903(b)).
(4) The term ``person,'' except as used in section 201 of
this Act and as set forth below, means (A) any individual,
corporation, partnership, firm, association, trust, estate,
public or private institution, any State or any political
subdivision thereof, or any political entity within a State,
any foreign government or nation or any agency,
instrumentality or political subdivision of any such
government or nation, or other entity located in the United
States; and (B) any legal successor, representative, agent or
agency of the foregoing located in the United States. The
phrase ``located in the United States'' in the term
``person'' shall not apply to the term ``person'' as used in
the phrases ``person located outside the territory'' in
sections 203(b) and 302(d) of this Act and ``person located
in the territory'' in section 203(b) of this Act.
(5) The term ``Technical Secretariat'' means the Technical
Secretariat of the Organization for the Prohibition of
Chemical Weapons established by the Chemical Weapons
Convention.

SEC. 6. SEVERABILITY.

If any provision of this Act, or the application of such
provision to any person or circumstance, is held invalid, the
remainder of this Act, or the application of such provision
to persons or circumstances other than those as to which it
is held invalid, shall not be affected thereby.

TITLE I--NATIONAL AUTHORITY

SEC. 101. ESTABLISHMENT.

Pursuant to paragraph 4 of Article VII of the Chemical
Weapons Convention, the President or the designee of the
President shall establish the ``United States National
Authority'' to, inter alia, serve as the national focal point
for effective liaison with the Organization for the
Prohibition of Chemical Weapons and other States Parties to
the Convention.

TITLE II--APPLICATION OF CONVENTION PROHIBITIONS TO NATURAL AND LEGAL
PERSONS

SEC. 201. CRIMINAL PROVISIONS.

(a) In General.--Part I of title 18, United States Code, is
amended by--
(1) redesignating chapter 11A relating to child support as
chapter 11B; and
(2) inserting after chapter 11 relating to bribery, graft
and conflicts of interest the following new chapter:

``CHAPTER 11A--CHEMICAL WEAPONS

``Sec.
``227. Penalties and prohibitions with respect to chemical weapons.
``227A. Seizure, forfeiture, and destruction.
``227B. Injunctions.
``227C. Other prohibitions.
``227D. Definitions.

``SEC. 227. PENALTIES AND PROHIBITIONS WITH RESPECT TO
CHEMICAL WEAPONS.

``(a) In General.--Except as provided in subsection (b),
whoever knowingly develops, produces, otherwise acquires,
stockpiles, retains, directly or indirectly transfers, uses,
owns or possesses any chemical weapon, or knowingly assists,
encourages or induces, in any way, any person to do so, or
attempts or conspires to do so, shall be fined under this
title or imprisoned for life or any term of years, or both.
``(b) Exclusion.--Subsection (a) shall not apply to the
retention, ownership or possession of a chemical weapon, that
is permitted by the Chemical Weapons Convention pending the
weapon's destruction, by any agency or department of the
United States. This exclusion shall apply to any person,
including members of the Armed Forces of the United States,
who is authorized by any agency or department of the United
States to retain, own or possess a chemical weapon, unless
that person knows or should have known that such retention,
ownership or possession is not permitted by the Chemical
Weapons Convention.
``(c) Jurisdiction.--There is jurisdiction by the United
States over the prohibited activity in subsection (a) if (1)
the prohibited activity takes place in the United States or
(2) the prohibited activity takes place outside of the United
States and is committed by a national of the United States.
``(d) Additional Penalty.--The court shall order that any
person convicted of any offense under this section pay to the
United States any expenses incurred incident to the seizure,
storage, handling, transportation and destruction or other
disposition of property seized for the violation of this
section.

``SEC. 227A. SEIZURE, FORFEITURE, AND DESTRUCTION.

``(a) Seizure.--
``(1) Except as provided in paragraph (2), the Attorney
General may request the issuance, in the same manner as
provided for a search warrant, of a warrant authorizing the

[[Page S4853]]

seizure of any chemical weapon defined in section 227D(2)(A)
of this title that is of a type or quantity that under the
circumstances is inconsistent with the purposes not
prohibited under the Chemical Weapons Convention.
``(2) In exigent circumstances, seizure and destruction of
any such chemical weapon described in paragraph (1) may be
made by the Attorney General upon probable cause without the
necessity for a warrant.
``(b) Procedure for Forfeiture and Destruction.--Except as
provided in paragraph (2) of subsection (a), property seized
pursuant to subsection (a) shall be forfeited to the United
States after notice to potential claimants and an opportunity
for a hearing. At such a hearing, the government shall bear
the burden of persuasion by a preponderance of the evidence.
Except as inconsistent herewith, the provisions of chapter 46
of this title relating to civil forfeitures shall extend to a
seizure or forfeiture under this section. The Attorney
General shall provide for the destruction or other
appropriate disposition of any chemical weapon seized and
forfeited pursuant to this section.
``(c) Affirmative Defense.--It is an affirmative defense
against a forfeiture under subsection (b) that--
``(1) such alleged chemical weapon is for a purpose not
prohibited under the Chemical Weapons Convention; and
``(2) such alleged chemical weapon is of a type and
quantity that under the circumstances is consistent with that
purpose.
(d) Other Seizure, Forfeiture, and Destruction.--
``(1) Except as provided in paragraph (2), the Attorney
General may request the issuance, in the same manner as
provided for a search warrant, of a warrant authorizing the
seizure of any chemical weapon defined in section 227D(2) (B)
or (C) of this title that exists by reason of conduct
prohibited under section 227 of this title.
``(2) In exigent circumstances, seizure and destruction of
any such chemical weapon described in paragraph (1) may be
made by the Attorney General upon probable cause without the
necessity for a warrant.
``(3) Property seized pursuant to this subsection shall be
summarily forfeited to the United States and destroyed.
``(e) Assistance.--The Attorney General may request
assistance from any agency or department in the handling,
storage, transportation or destruction of property seized
under this section.
``(f) Owner Liability.--The owner or possessor of any
property seized under this section shall be liable to the
United States for any expenses incurred incident to the
seizure, including any expenses relating to the handling,
storage, transportation and destruction or other disposition
of the seized property.

``SEC. 227B. INJUNCTIONS.

``(a) In General.--The United States may obtain in a civil
action an injunction against--
``(1) the conduct prohibited under section 227 of this
title;
``(2) the preparation or solicitation to engage in conduct
prohibited under section 227 of this title; or
``(3) the development, production, other acquisition,
stockpiling, retention, direct or indirect transfer, use,
ownership or possession, or the attempted development,
production, other acquisition, stockpiling, retention, direct
or indirect transfer, use, ownership or possession, of any
alleged chemical weapon defined in section 227D(2)(A) of this
title that is of a type or quantity that under the
circumstances is inconsistent with the purposes not
prohibited under the Chemical Weapons Convention, or the
assistance to any person to do so.
``(b) Affirmative Defense.--It is an affirmative defense
against an injunction under subsection (a)(3) that--
``(1) the conduct sought to be enjoined is for a purpose
not prohibited under the Chemical Weapons Convention; and
``(2) such alleged chemical weapon is of a type and
quantity that under the circumstances is consistent with that
purpose.

``SEC. 227C. OTHER PROHIBITIONS.

``(a) In General.--Except as provided in subsection (b),
whoever knowingly uses riot control agents as a method of
warfare, or knowingly assists any person to do so, shall be
fined under this title or imprisoned for a term of not more
than ten years, or both.
``(b) Exclusion.--Subsection (a) shall not apply to members
of the Armed Forces of the United States. Members of the
Armed Forces of the United States who use riot control agents
as a method of warfare shall be subject to appropriate
military penalties.
``(c) Jurisdiction.--There is jurisdiction by the United
States over the prohibited activity in subsection (a) if (1)
the prohibited activity takes place in the United States or
(2) the prohibited activity takes place outside of the United
States and is committed by a national of the United States.

``SEC. 227D. DEFINITIONS.

``As used in this chapter, the term--
``(1) `Chemical Weapons Convention' means the Convention on
the Prohibition of the Development, Production, Stockpiling
and Use of Chemical Weapons and on Their Destruction, opened
for signature on January 13, 1993;
``(2) `chemical weapon' means the following, together or
separately:
``(A) a toxic chemical and its precursors, except where
intended for a purpose not prohibited under the Chemical
Weapons Convention, as long as the type and quantity is
consistent with such a purpose;
``(B) a munition or device, specifically designed to cause
death or other harm through the toxic properties of those
toxic chemicals specified in subparagraph (A), which would be
released as a result of the employment of such munition or
device; or
``(C) any equipment specifically designed for use directly
in connection with the employment of munitions or devices
specified in subparagraph (B);
``(3) `toxic chemical' means any chemical which through its
chemical action on life processes can cause death, temporary
incapacitation or permanent harm to humans or animals. This
includes all such chemicals, regardless of their origin or of
their method of production, and regardless of whether they
are produced in facilities, in munitions or elsewhere. (For
the purpose of implementing the Chemical Weapons Convention,
toxic chemicals which have been identified for the
application of verification measures are listed in Schedules
contained in the Annex on Chemicals of the Chemical Weapons
Convention.);
``(4) `precursor' means any chemical reactant which takes
part at any stage in the production by whatever method of a
toxic chemical. This includes any key component of a binary
or multicomponent chemical system. (For the purpose of
implementing the Chemical Weapons Convention, precursors
which have been identified for the application of
verification measures are listed in Schedules contained in
the Annex on Chemicals of the Chemical Weapons Convention.);
``(5) `key component of a binary or multicomponent chemical
system' means the precursor which plays the most important
role in determining the toxic properties of the final product
and reacts rapidly with other chemicals in the binary or
multicomponent system;
``(6) `purpose not prohibited under the Chemical Weapons
Convention' means--
``(A) industrial, agricultural, research, medical,
pharmaceutical or other peaceful purposes;
``(B) protective purposes; namely, those purposes directly
related to protection against toxic chemicals and to
protection against chemical weapons;
``(C) military purposes not connected with the use of
chemical weapons and not dependent on the use of the toxic
properties of chemicals as a method of warfare; or
``(D) law enforcement purposes, including domestic riot
control purposes;
``(7) `national of the United States' has the same meaning
given such term in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22));
``(8) `United States,' when used in a geographical sense,
includes all places under the jurisdiction or control of the
United States, including (A) any of the places within the
provisions of section 101(41) of the Federal Aviation Act of
1958, as amended (49 U.S.C. App. Sec. 1301(41)), (B) any
public aircraft or civil aircraft of the United States, as
such terms are defined in sections 101(36) and (18) of the
Federal Aviation Act of 1958, as amended (49 U.S.C. App.
Secs. 1301(36) and 1301(18)), and (C) any vessel of the
United States, as such term is defined in section 3(b) of the
Maritime Drug Enforcement Act, as amended (46 U.S.C. App.
Sec. 1903(b));
``(9) `person' means (A) any individual, corporation,
partnership, firm, association, trust, estate, public or
private institution, any State or any political subdivision
thereof, or any political entity within a State, any foreign
government or nation or any agency, instrumentality or
political subdivision of any such government or nation, or
other entity; and (B) any legal successor, representative,
agent or agency of the foregoing; and
``(10) `riot control agent' means any chemical not listed
in a Schedule in the Annex on Chemicals of the Chemical
Weapons Convention, which can produce rapidly in humans
sensory irritation or disabling physical effects which
disappear within a short time following termination of
exposure.
``Nothing in paragraphs (3) or (4) of this section shall be
construed to limit verification activities pursuant to Part X
or Part XI of the Annex on Implementation and Verification of
the Chemical Weapons Conventions.''
(b) Clerical Amendments.--The table of chapters for part I
of title 18, United States Code, is amended by--
(1) in the item for chapter 11A relating to child support,
redesignating ``11A'' as ``11B''; and
(2) inserting after the item for chapter 11 of the
following new item:

``11A. Chemical weapons......................................227.''....

SEC. 202. EFFECTIVE DATE.

This title shall take effect on the date the Chemical
Weapons Convention enters into force for the United States.

SEC. 203. RESTRICTIONS ON SCHEDULED CHEMICALS.

(a) Schedule 1 Activities.--It shall be unlawful for any
person, or any national of the United States located outside
the United States, to produce, acquire, retain, transfer or
use a chemical listed on Schedule 1 of the Annex on Chemicals
of the Chemical Weapons Convention, unless--
(1) the chemicals are applied to research, medical,
pharmaceutical or protective purposes;
(2) the types and quantities of chemicals are strictly
limited to those that can be justified for such purposes; and

[[Page S4854]]

(3) the amount of such chemicals per person at any given
time for such purposes does not exceed a limit to be
determined by the United States National Authority, but in
any case, does not exceed one metric ton.
(b) Extraterritorial Acts.--
(1) It shall be unlawful for any person, or any national of
the United States located outside the United States, to
produce, acquire, retain, or use a chemical listed on
Schedule 1 of the Annex on Chemicals of the Chemical Weapons
Convention outside the territories of the States Parties to
the Convention or to transfer such chemicals to any person
located outside the territory of the United States, except as
provided for in the Convention for transfer to a person
located in the territory of another State Party to the
Convention.
(2) Beginning three years after the entry into force of the
Chemical Weapons Convention, it shall be unlawful for any
person, or any national of the United States located outside
the United States, to transfer a chemical listed on Schedule
2 of the Annex on Chemicals of the Convention to any person
located outside the territory of a State Party to the
Convention or to receive such a chemical from any person
located outside the territory of a State Party to the
Convention.
(c) Jurisdiction.--There is jurisdiction by the United
States over the prohibited activity in subsections (a) and
(b) if (1) the prohibited activity takes place in the United
States or (2) the prohibited activity takes place outside of
the United States and is committed by a national of the
United States.

TITLE III--REPORTING

SEC. 301. REPORTING OF INFORMATION.

(a) Reports.--The Department of Commerce shall promulgate
regulations under which each person who produces, processes,
consumes, exports or imports, or proposes to produce,
process, consume, export or import, a chemical substance
subject to the Chemical Weapons Convention shall maintain and
permit access to such records and shall submit to the
Department of Commerce such reports as the United States
National Authority may reasonably require pursuant to the
Chemical Weapons Convention. The Department of Commerce shall
promulgate regulations pursuant to this title expeditiously,
taking into account the written decisions issued by the
Organization for the Prohibition of Chemical Weapons, and may
amend or change such regulations as necessary.
(b) Coordination.--To the extent feasible, the United
States National Authority shall not require any reporting
that is unnecessary, or duplicative of reporting required
under any other Act. Agencies and departments shall
coordinate their actions with other agencies and departments
to avoid duplication of reporting by the affected persons
under this Act or any other Act.

SEC. 302. CONFIDENTIALITY OF INFORMATION.

(a) Freedom of Information Act Exemption for Certain
Chemical Weapons Convention Information.--Any information
reported to, or otherwise obtained by, the United States
National Authority, the Department of Commerce, or any other
agency or department under this Act or under the Chemical
Weapons Convention shall not be required to be publicly
disclosed pursuant to section 552 of Title 5, United States
Code.
(b) Prohibited Disclosure and Exceptions.--Information
exempt from disclosure under subsection (a) shall not be
published or disclosed, except that such information--
(1) shall be disclosed or otherwise provided to the
Technical Secretariat or other States Parties to the Chemical
Weapons Convention in accordance with the Convention, in
particular, the provisions of the Annex on the Protection of
Confidential Information;
(2) shall be made available to any committee or
subcommittee of Congress of appropriate jurisdiction upon the
written request of the chairman or ranking minority member of
such committee or subcommittee, except that no such committee
or subcommittee, or member thereof, shall disclose such
information or material;
(3) shall be disclosed to other agencies or departments for
law enforcement purposes with regard to this Act or any other
Act, and may be disclosed or otherwise provided when relevant
in any proceeding under this Act or any other Act, except
that disclosure or provision in such a proceeding shall be
made in such manner as to preserve confidentiality to the
extent practicable without impairing the proceeding; and
(4) may be disclosed, including in the form of categories
of information, if the United States National Authority
determines that such disclosure is in the national interest.
(c) Notice of Disclosure.--If the United States National
Authority, pursuant to subsection (b)(4), proposes to publish
or disclose or otherwise provide information exempted from
disclosure in subsection (a), the United States National
Authority shall, where appropriate, notify the person who
submitted such information of the intent to release such
information. Where notice has been provided, the United
States National Authority may not release such information
until the expiration of 30 days after notice has been
provided.
(d) Criminal Penalty for Wrongful Disclosure.--Any officer
or employee of the United States or former officer or
employee of the United States, who by virtue of such
employment or official position has obtained possession of,
or has access to, information the disclosure or other
provision of which is prohibited by subsection (a), and who
knowing that disclosure or provision of such information is
prohibited by such subsection, willfully discloses or
otherwise provides the information in any manner to any
person, including persons located outside the territory of
the United States, not entitled to receive it, shall be fined
under title 18, United States Code, or imprisoned for not
more than five years, or both.
(e) International Inspectors.--The provisions of this
section on disclosure or provision of information shall also
apply to employees of the Technical Secretariat.

SEC. 303. PROHIBITED ACTS.

It shall be unlawful for any person to fail or refuse to
(a) establish or maintain records, (b) submit reports,
notices, or other information to the Department of Commerce
or the United States National Authority, or (c) permit access
to or copying of records, as required by this Act or a
regulation thereunder.

TITLE IV--INSPECTIONS

SEC. 401. INSPECTIONS PURSUANT TO ARTICLE VI OF THE CHEMICAL
WEAPONS CONVENTION.

(a) Authority.--For purposes of administering this Act--
(1) any duly designated member of an inspection team of the
Technical Secretariat may inspect any plant, plant site, or
other facility or location in the United States subject to
inspection pursuant to the Chemical Weapons Convention; and
(2) the National Authority shall designate representatives
who may accompany members of an inspection team of the
Technical Secretariat during the inspection specified in
paragraph (1). The number of duly designated representatives
shall be kept to the minimum necessary.
(b) Notice.--An inspection pursuant to subsection (a) may
be made only upon issuance of a written notice to the owner
and to the operator, occupant or agent in charge of the
premises to be inspected, except that failure to receive a
notice shall not be a bar to the conduct of an inspection.
The notice shall be submitted to the owner and to the
operator, occupant or agent in charge as soon as possible
after the United States National Authority receives it from
the Technical Secretariat. The notice shall include all
appropriate information supplied by the Technical Secretariat
to the United States National Authority regarding the basis
for the selection of the plant site, plant, or other facility
or location for the type of inspection sought, including, for
challenge inspections pursaunt to Article IX of the Chemical
Weapons Convention, appropriate evidence or reasons provided
by the requesting State Party to the Convention with regard
to its concerns about compliance with the Chemical Weapons
Convention at the facility or location. A separate notice
shall be given for each such inspection, but a notice shall
not be required for each entry made during the period covered
by the inspection.
(c) Credentials.--If the owner, operator, occupant or agent
in charge of the premises to be inspected is present, a
member of the inspection team of the Technical Secretariat,
as well as, if present, the representatives of agencies or
departments, shall present appropriate credentials before the
inspection is commenced.
(d) Timeframe for Inspections.--Consistent with the
provisions of the Chemical Weapons Convention, each
inspection shall be commenced and completed with reasonable
promptness and shall be conducted at reasonable times, within
reasonable limits, and in a reasonable manner. The Department
of Commerce shall endeavor to ensure that, to the extent
possible, each inspection is commenced, conducted and
concluded during ordinary working hours, but no inspection
shall be prohibited or otherwise disrupted for commencing,
continuing or concluding during other hours. However, nothing
in this subsection shall be interpreted as modifying the time
frame established in the Chemical Weapons Convention.
(e) Scope.--
(1) Except as provided in paragraph (2) of this subsection
and subsection (f), an inspection conducted under this title
may extend to all things within the premises inspected
(including records, files, papers, processes, controls,
structures and vehicles) related to whether the requirements
of the Chemical Weapons Convention applicable to such
premises have been complied with.
(2) To the extent possible consistent with the obligations
of the United States pursuant to the Chemical Weapons
Convention, no inspection under this title shall extend to--
(A) financial data;
(B) sales and marketing data (other than shipment data);
(C) pricing data;
(D) personnel data;
(E) research data;
(F) patent data;
(G) data maintained for compliance with environmental or
occupational health and safety regulations; or
(H) personnel and vehicles entering and personnel and
personal passenger vehicles exiting the facility.
(f) Facility Agreements.--
(1) Inspections of plants, plant sites, or other facilities
or locations for which the United States has a facility
agreement with the Organization for the Prohibition of
Chemical Weapons shall be conducted in accordance with the
facility agreement.
(2) Facility agreements shall be concluded for plants,
plant sites, or other facilities or locations that are
subject to inspection pursuant to paragraph 4 of Article VI
of the

[[Page S4855]]

Chemical Weapons Convention unless the owner and the
operator, occupant or agent in charge of the facility and the
Technical Secretariat agree that such an agreement is not
necessary. Facility agreements should be concluded for
plants, plant sites, or other facilities or locations that
are subject to inspection pursuant to paragraphs 5 or 6 of
Article VI of the Chemical Weapons Convention if so requested
by the owner and the operator, occupant or agent in charge of
the facility.
(3) The owner and the operator, occupant or agent in charge
of a facility shall be notified prior to the development of
the agreement relating to that facility and, if they so
request, may participate in the preparations for the
negotiation of such an agreement. To the extent practicable
consistent with the Chemical Weapons Convention, the owner
and the operator, occupant or agent in charge of a facility
may observe negotiations of the agreement between the United
States and the Organization for the Prohibition of Chemical
Weapons concerning that facility.
(g) Sampling and Safety.--
(1) The Department of Commerce is authorized to require the
provision of samples to a member of the inspection team of
the Technical Secretariat in accordance with the provisions
of the Chemical Weapons Convention. The owner or the
operator, occupant or agent in charge of the premises to be
inspected shall determine whether the sample shall be taken
by representatives of the premises on the inspection team or
other individuals present.
(2) In carrying out their activities, members of the
inspection team of the Technical Secretariat and
representatives of agencies or departments accompanying the
inspection team shall observe safety regulations established
at the premises to be inspected, including those for
protection of controlled environments within a facility and
for personal safety.
(h) Coordination.--To the extent possible consistent with
the obligations of the United States pursuant to the Chemical
Weapons Convention, the representatives of the United States
National Authority, the Department of Commerce and any other
agency or department, if present, shall assist the owner and
the operator, occupant or agent in charge of the premises to
be inspected in interacting with the members of the
inspection team of the Technical Secretariat.

SEC. 402. OTHER INSPECTIONS PURSUANT TO THE CHEMICAL WEAPONS
CONVENTION AND LEAD AGENCY.

(a) Other Inspections.--The provisions of this title shall
apply, as appropriate, to all other inspections authorized by
the Chemical Weapons Convention. For all inspections other
than those conducted pursuant to paragraphs 4, 5 or 6 of
Article VI of the Convention, the term ``Department of
Commerce'' shall be replaced by the term ``Lead Agency'' in
section 401.
(b) Lead Agency.--For the purposes of this title, the term
``Lead Agency'' means the agency or department designated by
the President or the designee of the President to exercise
the functions and powers set forth in the specific provision,
based, inter alia, on the particular responsibilities of the
agency or department within the United States Government and
the relationship of the agency or department to the premises
to be inspected.

SEC. 403. PROHIBITED ACTS.

It shall be unlawful for any person to fail or refuse to
permit entry or inspection, or to disrupt, delay or otherwise
impede an inspection as required by this Act or the Chemical
Weapons Convention.

SEC. 404. PENALTIES.

(a) Civil.--
(1)(A) Any person who violates a provision of section 203
of this Act shall be liable to the United States for a civil
penalty in an amount not to exceed $50,000 for each such
violation.
(B) Any person who violates a provision of section 303 of
this Act shall be liable to the United States for a civil
penalty in an amount not to exceed $5,000 for each such
violation.
(C) Any person who violates a provision of section 403 of
this Act shall be liable to the United States for a civil
penalty in an amount not to exceed $25,000 for each such
violation. For purposes of this subsection, each day such a
violation of section 403 continues shall constitute a
separate violation of section 403.
(2)(A) A civil penalty for a violation of section 203, 303
or 403 of this Act shall be assessed by the Lead Agency by an
order made on the record after opportunity (provided in
accordance with this subparagraph) for a hearing in
accordance with section 554 of title 5, United States Code.
Before issuing such an order, the Lead Agency shall give
written notice to the person to be assessed a civil penalty
under such order of the Lead Agency's proposal to issue such
order and provide such person an opportunity to request,
within 15 days of the date the notice is received by such
person, such a hearing on the order.
(B) In determining the amount of a civil penalty, the Lead
Agency shall take into account the nature, circumstances,
extent and gravity of the violation or violations and, with
respect to the violator, ability to pay, effect on ability to
continue to do business, any history of prior such
violations, the degree of culpability, the existence of an
internal compliance program, and such other matters as
justice may require.
(C) The Lead Agency may compromise, modify or remit, with
or without conditions, and civil penalty which may be imposed
under this subsection. The amount of such penalty, when
finally determined, or the amount agreed upon in compromise,
may be deducted from any sums owing by the United States to
the person charged.
(3) Any person who requested in accordance with paragraph
(2)(A) a hearing respecting the assessment of a civil penalty
and who is aggrieved by an order assessing a civil penalty
may file a petition for judicial review of such order with
the United States Court of Appeals for the District of
Columbia Circuit or for any other circuit in which such
person resides or transacts business. Such a petition may be
filed only within the 30-day period beginning on the date the
order making such assessment was issued.
(4) If any person fails to pay an assessment of a civil
penalty--
(A) after the order making the assessment has become a
final order and if such person does not file a petition for
judicial review of the order in accordance with paragraph
(3); or
(B) after a court in an action brought under paragraph (3)
has entered a final judgment in favor of the Lead Agency;

the Attorney General shall recover the amount assessed (plus
interest at currently prevailing rates from the date of the
expiration of the 30-day period referred to in paragraph (3)
or the date of such final judgment, as the case may be) in an
action brought in any appropriate district court of the
United States. In such an action, the validity, amount and
appropriateness of such penalty shall not be subject to
review.
(b) Criminal.--Any person who knowingly violates any
provision of section 203, 303 or 403 of this Act, shall, in
addition to or in lieu of any civil penalty which may be
imposed under subsection (a) for such violation, be fined
under title 18, United States Code, imprisoned for not more
than two years, or both.

SEC. 405. SPECIFIC ENFORCEMENT.

(a) Jurisdiction.--The district courts of the United States
shall have jurisdiction over civil actions to--
(1) restrain any violation of section 203, 303 or 403 of
this Act; and
(2) compel the taking of any action required by or under
this Act or the Chemical Weapons Convention.
(b) Civil Actions.--A civil action described in subsection
(a) may be brought--
(1) in the case of a civil action described in subsection
(a)(1), in the United States district court for the judicial
district wherein any act, omission, or transaction
constituting a violation of section 203, 303 or 403 of this
Act occurred or wherein the defendant is found or transacts
business; or
(2) in the case of a civil action described in subsection
(a)(2), in the United States district court for the judicial
district wherein the defendant is found or transacts
business.

In any such civil action process may be served on a defendant
wherever the defendant may reside or may be found, whether
the defendant resides or may be found within the United
States or elsewhere.

SEC. 406. LEGAL PROCEEDINGS.

(a) Warrants.--
(1) The Lead Agency shall seek the consent of the owner or
the operator, occupant or agent in charge of the premises to
be inspected prior to the initiation of any inspection.
Before or after seeking such consent, the Lead Agency may
seek a search warrant from any official authorized to issue
search warrants. Proceedings regarding the issuance of a
search warrant shall be conducted ex parte, unless otherwise
requested by the Lead Agency. The Lead Agency shall provide
to the official authorized to issue search warrants all
appropriate information supplied by the Technical Secretariat
to the United States National Authority regarding the basis
for the selection of the plant site, plant, or other facility
or location for the type of inspection sought, including, for
challenge inspections pursuant to Article IX of the Chemical
Weapons Convention, appropriate evidence or reasons provided
by the requesting State Party to the Convention with regard
to its concerns about compliance with the Chemical Weapons
Convention at the facility or location. The Lead Agency shall
also provide any other appropriate information available to
it relating to the reasonableness of the selection of the
plant, plant site, or other facility or location for the
inspection.
(2) The official authorized to issue search warrants shall
promptly issue a warrant authorizing the requested inspection
upon an affidavit submitted by the Lead Agency showing that--
(A) the Chemical Weapons Convention is in force for the
United States;
(B) the plant site, plant, or other facility or location
sought to be inspected is subject to the specific type of
inspection requested under the Chemical Weapons Convention;
(C) the procedures established under the Chemical Weapons
Convention and this Act for initiating an inspection have
been complied with; and
(D) the Lead Agency will ensure that the inspection is
conducted in a reasonable manner and will not exceed the
scope or duration set forth in or authorized by the Chemical
Weapons Convention or this Act.
(3) The warrant shall specify the type of inspection
authorized; the purpose of the inspection; the type of plant
site, plant, or other facility or location to be inspected;
to

[[Page S4856]]

the extent possible, the items, documents and areas that may
be inspected; the earliest commencement and latest concluding
dates and times of the inspection; and the identities of the
representatives of the Technical Secretariat, if known, and,
if applicable, the representatives of agencies or
departments.
(b) Subpoenas.--In carrying out this Act, the Lead Agency
may by subpoena require the attendance and testimony of
witnesses and the production of reports, papers, documents,
answers to questions and other information that the Lead
Agency deems necessary. Witnesses shall be paid the same fees
and mileage that are paid witnesses in the courts of the
United States. In the event of contumacy, failure or refusal
of any person to obey any such subpoena, any district court
of the United States in which venue is proper shall have
jurisdiction to order any such person to comply with such
subpoena. Any failure to obey such an order of the court is
punishable by the court as a contempt thereof.
(c) Injunctions and Other Orders.--No court shall issue an
injunction or other order that would limit the ability of the
Technical Secretariat to conduct, or the United States
National Authority or the Lead Agency to facilitate,
inspections as required or authorized by the Chemical Weapons
Convention.

SEC. 407. AUTHORITY.

(a) Regulations.--The Lead Agency may issue such
regulations as are necessary to implement and enforce this
title and the provisions of the Chemical Weapons Convention,
and amend or revise them as necessary.
(b) Enforcement.--The Lead Agency may designate officers or
employees of the agency or department to conduct
investigations pursuant to this Act. In conducting such
investigations, those officers or employees may, to the
extent necessary or appropriate for the enforcement of this
Act, or for the imposition of any penalty or liability
arising under this Act, exercise such authorities as are
conferred upon them by other laws of the United States.

SEC. 408. SAVING PROVISION.

The purpose of this Act is to enable the United States to
comply with its obligations under the Chemical Weapons
Convention. Accordingly, in addition to the authorities set
forth in this Act, the President is authorized to issue such
executive orders, directives or regulations as are necessary
to fulfill the obligations of the United States under the
Chemical Weapons Convention, provided such executive orders,
directives or regulations do not exceed the requirements
specified in the Chemical Weapons Convention.
____

U.S. Arms Control and

Disarmament Agency,

Washington, DC, May 25, 1993.
Hon. Albert Gore, Jr.,
President, U.S. Senate.
Dear Mr. President: On behalf of the Administration, I
hereby submit for consideration the ``Chemical Weapons
Convention Implementation Act of 1995.'' The Chemical Weapons
Convention (CWC) was signed by the United States in Paris on
January 13, 1993, and was submitted by President Clinton to
the United States Senate on November 23, 1993, for its advice
and consent to ratification. The CWC prohibits, inter alia,
the use, development, production, acquisition, stockpiling,
retention, and direct or indirect transfer of chemical
weapons.
The President has urged the Senate to provide its advice
and consent to ratification as early as possible so that the
United States can continue to exercise its leadership role in
seeking the earliest possible entry into force of the
Convention. The recent chemical attacks in Japan underscore
the importance of early ratification of the CWC and approval
of this legislation.
The CWC contains a number of provisions that require
implementing legislation to give them effect within the
United States. These include:
International inspections of U.S. facilities;
Declarations by U.S. chemical and related industry; and
Establishment of a ``National Authority'' to serve as the
liaison between the United States and the international
organization established by the CWC and States Parties to the
Convention.
In addition, the CWC requires the United States to prohibit
all individuals and legal entities, such as corporations,
within the United States, as well as all individuals outside
the United States possessing U.S. citizenship, from engaging
in activities that are prohibited under the Convention. As
part of this obligation, the CWC requires the United States
to enact ``penal'' legislation implementing this
prohibition (i.e., legislation that penalizes conduct,
either by criminal, administrative, military or other
sanctions.)
The proposed ``Chemical Weapons Convention Act of 1995''
reflects views expressed from representatives of industry as
well as from staff of various committees.
Expeditious enactment of implementing legislation is very
important to the ability of the United States to fulfill its
treaty obligations under the Convention. Enactment will
enable the United States to collect the required information
from industry and to allow the inspections called for in the
Convention. It will also enable the United States to outlaw
all activities related to chemical weapons, except CWC
permitted activities, such as chemical defense programs. This
will help fight chemical terrorism by penalizing not just the
use, but also the development, production and transfer of
chemical weapons. Thus, the enactment of legislation by the
United States and other CWC States Parties will make it much
easier for law enforcement officials to investigate and
punish chemical terrorists early, before chemical weapons are
used.
The Omnibus Budget and Reconciliation Act (OBRA) requires
that all revenue and direct spending legislation meet a pay-
as-you-go requirement. That is, no such bill should result in
an increase to the deficit; and if it does, it could trigger
a sequester if not fully offset. This proposal would increase
receipts by less than $500,000 a year.
As the President indicated in his transmittal letter of the
Convention: ``The CWC is in the best interests of the United
States. Its provisions will significantly strengthen United
States, allied and international security, and enhance global
and regional stability.'' Therefore, I urge the Congress to
enact the necessary implementing legislation as soon as
possible after the Senate has given its advice and consent to
ratification.
The Office of Management and Budget advises that there is
no objection to the submission of this proposal and its
enactment is in accord with the President's program.
Sincerely,
John D. Holum.
______

By Mr. HELMS (for himself, Mr. Thurmond, Mr. Brown, Mr. Grassley,
Mr. Lott, Mr. DeWine, and Mr. Faircloth):
S. 1733. A bill to amend the Violent Crime Control and Law
Enforcement Act of 1994 to provide enhanced penalties for crimes
against elderly and child victims, and for other purposes; to the
Committee on the Judiciary.

the crimes against children and elderly persons increased punishment
act

Mr. HELMS. Mr. President, it's difficult to imagine an act more
cowardly or reprehensible than a violent criminal act against a child,
or an elderly person, or someone who is mentally or physically
handicapped. But this dastardly criminality is becoming more and more
common is society as a part of the general moral decay which is so
painfully apparent in our cities and towns. Therefore, I am introducing
a bill to strengthen the penalty for criminals who commit violent
Federal crimes against children, the elderly, and those vulnerable due
to mental or physical conditions.
Crimes against the vulnerable are soaring. For instance, according to
the Bureau of Justice Statistics, personal crimes against the elderly
increased by 90 percent between 1985 and 1991--from 627,318 in 1985 to
1,146,929 in 1991. Likewise, the homicide rate for children skyrocketed
47 percent between 1985 and 1993.
These are real victims, Mr. President, not just statistics. Just last
month in Durham, NC, two mentally handicapped women were robbed at
knife point. Earlier this year in Durham, a disabled Vietnam veteran--
partially blind and with limited use of his legs--was robbed after
exiting a Greyhound bus. And in my hometown of Raleigh, I recall the
reports of a blind, 77-year-old lady who in 1993 was raped in her
backyard.
These types of crimes are sick, outrageous, and revolting. Something
must be done to make clear that this kind of depravity will be severely
punished in the Federal system.
The Federal law must reflect our extreme repulsion against those who
would victimize people who cannot defend themselves. This bill stiffens
the punishment, by an average of 50 percent, for criminals who prey on
the vulnerable in our society by committing violent crimes--including
carjacking, assault, rape, and robbery. More specifically, this bill
directs the U.S. Sentencing Commission to increase sentences by five
levels above the offense level otherwise provided if a Federal violent
crime is committed against a child, an elderly person or other
vulnerable victim. By vulnerable I mean one whose physical or mental
condition makes him susceptible to victimization by the thugs who
commit these sorts of crimes.
This bill increases most of these sentences by about 50 percent. For
example, a conviction of robbery against a senior or a child currently
carries with it a base-offense level of 20, which translates into 2\1/
2\ to 3\1/2\ years in prison. This bill raises the base-offense level
to 25, jacking up the prison sentence for robbery to 4\1/2\ to 6 years.
Incidentally, Mr. President, a substantially similar bill, introduced
by Representative Dick Chrysler of Michigan, was passed 414 to 4 last
night in the House of Representatives. The

[[Page S4857]]

American people are demanding that these loathsome cries against the
vulnerable in our society receive the punishment they deserve. This
bill moves us in the right direction, and I urge my colleagues in the
Senate to move with dispatch to enact this bill.
______

By Mr. SPECTER (for himself, Mr. Levin, Mr. Stevens, Mr. Nunn,
Mr. Cohen, Mr. Inouye, Mr. Jeffords, Mr. Leahy, and Mr. Kohl):
S. 1734. A bill to prohibit false statements to Congress, to clarify
congressional authority to obtain truthful testimony, and for other
purposes; to the Committee on the Judiciary.

the false statements penalty restoration act

Mr. SPECTER. Mr. President, last year the Supreme Court overturned 40
years of statutory interpretation and held that the statute that
prohibits making false statements to agencies of the Federal Government
only prohibits false statements made to agencies of the executive
branch.
There is no reason why Congress should receive less protection than
the executive. The cardinal principle at stake is that in dealing with
the Government, any agency of the Government, people must, in the words
of Justice Holmes, ``cut square corners,'' just as the Government must
cut square corners in dealing with its citizens. One who lies to an
entity of Government, be it an agency of the executive or a
subcommittee of Congress, is under a justifiable expectation that if he
or she lies, he or she will be punished.
This is not a difficult issue. For 40 years, Congress received the
same protection as the executive. Anyone who lied knowingly and
wilfully in a material way to either an executive agency or a component
of Congress was subject to prosecution. In its Hubbard decision of last
year, the Supreme Court took that protection away from Congress.
Let me offer some examples of the types of lies that can now
knowingly be made without fear of criminal sanction. Recently Congress
enacted lobbying disclosure. Lobbyists must make more thorough
disclosures in filings with Congress. Knowing and material
misstatements in these disclosure forms are no longer a basis for
criminal prosecution. Many of us asks the General Accounting Office to
investigate the operations of executive branch agencies. An employee of
an agency being investigated by the GAO can now knowingly lie to a GAO
investigator, or indeed a Senator, without having to fear criminal
prosecution. Of course, if instead of the GAO the review was being
conducted by an agency inspector general, then section 1001 would
apply. This distinction cannot be justified.
Congress relies on accurate information to legislate, to oversee, to
direct public policy. Unless the information coming to us is accurate,
we are unable to fulfill our constitutional functions. This issue is a
simple one. When someone provides information to Congress, its members,
committees, or offices, that person should not knowingly provide
untruthful information. So simple is this principle that I first
offered legislation to overturn the Hubbard decision a week after it
was decided. Since introduction of my bill, S. 830, I have been working
with Senator Levin on the language of amended section 1001 and on some
other ancillary matters.
The bill Senator Levin and I are introducing today will amend section
1001 to restore coverage for misstatements made to both Congress and
the Federal judiciary, although it will codify the judiciary created
exception to the pre-Hubbard section 1001 to exempt from its coverage
statements made to a court performing an adjudicative function. The
rational for this exception is that our adversary system relies on
unfettered argument and the chilling effect from applying section 1001
to statements to a court adjudicating a case could be significant. In
addition, cross-examination and argument from the other side is
adequate to reveal misstatements in the judicial context.
No similar legislative-function exemption is proposed for statements
made to Congress, and none is needed. Congress does not rely on cross-
examination to get at the truth. Instead, we must rely on the
truthfulness of statements made to us in the course of the performance
of our official duties.
In addition to restoring section 1001 liability for misstatements
made to Congress and the courts, this bill would restore force to the
prohibition against obstructing congressional proceedings by narrowing
the meaning of the provision. This amendment is needed to respond to a
decision of the U.S. Court of Appeals for the District of Columbia
Circuit which found the current statute too vague to be enforceable.
The bill also clarifies when officials of executive branch agencies
can assert a privilege and decline to respond to inquiries from
Congress. The bill requires that an employee of an executive agency
would have to demonstrate that the head of the agency directed that the
privilege be asserted. This will ensure that the assertion of the
privilege is reviewed at the highest levels of the agency by someone
accountable to the President and ultimately the people. It will also
ensure that any privileges that are asserted are governmental
privileges and not personal ones.
Finally, the bill would make a minor technical amendment to the
statute allowing Congress to seek to take immunized testimony from
witnesses by clarifying that the testimony can be taken either at
proceedings before a committee or subcommittee or any proceeding
ancillary to such proceedings, such as depositions.
Mr. President, I believe this is an important bill that will restore
to the law of the land the principle that one cannot knowingly and
wilfully lie about a material matter to Congress. I hope my colleagues
will support this principle by supporting the bill, which I hope we can
enact this year.
I ask unanimous consent that a copy 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. 1734

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 ``False Statements Penalty
Restoration Act''.

SEC. 2. RESTORING FALSE STATEMENTS PROHIBITION.

Secion 1001 of title 18, United States Code, is amended to
read as follows:

``Sec. 1001. Statements or entries generally

``(a) Prohibited Conduct.--
``(1) In general.--A person shall be punished under
subsection (b) if, in any matter within the jurisdiction of
the executive, legislative, or judicial branch of the United
States Government, or any department, agency, committee,
subcommittee, or office thereof, that person knowingly and
willfully--
``(A) falsifies, conceals, or covers up, by any trick,
scheme, or device, a material fact;
``(B) makes any materially false, fictitious, or fraudulent
statement or representation; or
``(C) makes or uses any false writing or document, knowing
that the document contains any materially false, fictitious,
or fraudulent statement or entry.
``(2) Applicability.--This section shall not apply to
statements, representations, writings, or documents submitted
to a court in connection with the performance of an
adjudicative function.
``(b) Penalties.--A person who violates this section shall
be fined under this title, imprisoned for not more than 5
years, or both.''

SEC. 3. CLARIFYING PROHIBITION ON OBSTRUCTING CONGRESS.

Section 1515 of title 18, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) As used in section 1505, the term `corruptly' means
acting with an improper purpose, personally or by influencing
another, including, but not limited to, making a false or
misleading statement, or withholding, concealing, altering,
or destroying a document or other information.''.

SEC. 4. ENFORCING SENATE SUBPOENA.

Section 1365(a) of title 28, United States Code, is amended
in the second sentence, by striking ``Federal Government
acting within his official capacity'' and inserting
``Executive Branch of the Federal Government acting within
his or her official capacity, if the head of the department
or agency employing the officer or employee has directed the
officer or employee not to comply with the subpena or order
and identified the Executive Branch privilege or objection
underlying such direction''.

SEC. 5. COMPELLING TRUTHFUL TESTIMONY FROM IMMUNIZED WITNESS.

Section 6005 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``or ancillary to''
after ``any proceeding before''; and

[[Page S4858]]

(2) in subsection (b)--
(A) in paragraph (1) and (2), by inserting ``or ancillary
to'' after ``a proceeding before'' each place it appears; and
(B) in paragraph (3), by inserting a period at the end.

Mr. LEVIN. Mr. President, I am pleased to join with Senator
Specter in sponsoring the False Statements Penalty Restoration Act.
Right now, it is a crime to make a false statement to the executive
branch, if the false statement is made knowingly and willfully and is
material in nature. This prohibition is contained in the Federal
criminal code at 18 U.S.C. 1001.
Forty years ago, in 1955, the Supreme Court interpreted section 1001
to prohibit willful, material false statements not only to the
executive branch, but also to the judicial and legislative branches.
For 40 years, that was the law of the land, and it served this country
well. But a recent Supreme Court decision has now drastically
diminished the scope of this prohibition.
Last year, in a case called United States versus Hubbard, the Supreme
Court reversed itself and 40 years of precedent and determined that 18
U.S.C. 1001 prohibits willful material false statements only to the
executive branch, not to the judicial or legislative branch. It based
its decision on the wording of the statute which doesn't explicitly
reference either the courts or Congress.
The result has been the dismissal of indictments charging individuals
with making willful, material false statements on expense reports or
financial disclosure forms to Congress and the courts. Another
consequence has been the exemption of all financial disclosure
statements filed by judges and Members of Congress from criminal
enforcement. Parity among the three branches has been reduced, and
common sense has been violated, since, logically, the criminal status
of a willful, material false statement shouldn't depend upon which
branch of the Federal Government received it.
The bill we are introducing today would restore parity by amending
section 1001 to make it clear that its prohibition against willful,
material false statements applies to all three branches. The bill would
essentially restore the status quo prior to Hubbard, including
maintaining the longstanding exception for statements made to courts
adjudicating disputes to ensure vigorous advocacy in the courtroom.
The false statements prohibition in section 1001 has proven itself a
useful weapon against fraud, financial deception and other abuses that
affect all three branches of Government. The Supreme Court gave no
reason for reducing its usefulness, other than the Court's commitment
to relying on the express words of the statute itself. Our bill would
change those words to clarify Congress' intent to apply the same
prohibition against willful, material false statements to all three
branches.
Our bill would also correct a second court decision that has weakened
longstanding criminal prohibitions against making false statements to
Congress. The 50-year-old statute at issue here is 18 U.S.C. 1505 which
prohibits persons from corruptly obstructing a congressional inquiry.
In 1991, in a dramatic departure from other circuits, the D.C.
Circuit Court of Appeals held in United States versus Poindexter that
the statute's use of the term ``corruptly'' was unconstitutionally
vague and failed to provide clear notice that it prohibited an
individual's lying to Congress. The Court held that, at most, the
statute only prohibited a person from inducing another person to lie or
otherwise obstruct a congressional inquiry; it did not prohibit a
person from personally lying or obstructing Congress.
No other Federal circuit has taken this approach. In fact, other
circuits have interpreted ``corruptly'' to prohibit false or misleading
statements not only in section 1505, but in other Federal obstruction
statutes as well, including section 1503 which prohibits obstructing a
Federal grand jury. These circuits have interpreted the Federal
obstruction statutes to prohibit not only false statements, but also
withholding, concealing, altering or destroying documents.
The bill we are introducing today would affirm the interpretations of
these other circuits by defining ``corruptly'' to mean ``acting with an
improper purpose, personally or by influencing another to act,
including, but not limited to, making a false or misleading statement,
or withholding, concealing, altering, or destroying a document or other
information.''
This definition would make it clear that section 1505 is intended to
prohibit the obstruction of a congressional inquiry by a person acting
alone as well as when inducing another to act. It would make it clear
that this prohibition bars a person from making false or misleading
statements to Congress and from withholding, concealing, altering or
destroying documents requested by Congress.
Our bill would make clear the conduct that section 1505 was always
meant to prohibit. It would also ensure that the prohibition against
obstructing Congress is given an interpretation that is consistent with
the obstruction statutes that apply to the other two branches of
government.
Because congressional obstruction prosecutions are more likely within
the District of Columbia than other jurisdictions, the 1991 D.C.
Circuit Court ruling has had a disproportionate impact on the
usefulness of 18 U.S.C. 1505 to Federal prosecutors. As with Hubbard,
this court ruling has led to the dismissal of charges and the
limitation of prosecutorial options. It is time to restore the strength
and usefulness of the congressional obstruction statute as well as its
parity with other obstruction statutes protecting the integrity of
Federal investigations.
The final two sections of the bill clarify the ability of Congress to
compel truthful testimony. Both provisions are taken from a 1988 bill,
S. 2350, sponsored by then-Senator Rudman and cosponsored by Senator
Inouye. This bill passed the Senate, but not the House. The problems it
addressed, however, continue to exist.
The first problem involves enforcing Senate subpoenas to compel
testimony or documents. The Senate currently has explicit statutory
authority, under 28 U.S.C. 1365, to obtain court enforcement of
subpoenas issued to private individuals and State officials. This
enforcement authority does not apply, however, to a Senate subpoena
issued to a federal official acting in an official capacity, presumably
to keep political disputes between the legislative and executive
branches out of the courtroom. The problem here has been to determine
when a subpoenaed official is acting in an official capacity when
resisting compliance with a Senate subpoena.
The Specter-Levin bill would cure this problem by exempting from
enforcement only those situations where Federal officials have been
directed by their agency heads to exert a government privilege and
resist compliance with the subpoena. Any official resisting a subpoena
without direction from his or her agency head would be deemed acting
outside his or her official capacity and would be subject to court
enforcement.
The second problem involves compelling testimony from individuals who
have been given immunity from criminal prosecution by Congress. In the
past, some individuals granted immunity have refused to provide
testimony in any setting other than a congressional hearing, because
the relevant statute, 18 U.S.C. 6005, is limited to appearances
``before'' a committee, while the comparable judicial immunity statute,
18 U.S.C. 6003, applies to appearances ``before or ancillary to'' court
and grand jury proceedings.
The bill would reword the congressional immunity statute to parallel
the judicial immunity statute, and make it clear that Congress can
grant immunity and compel testimony not only in committee hearings, but
also in depositions conducted by committee members or committee staff.
This provision, like the proceeding one, would improve the Senate's
ability to compel truthful testimony and obtain requested documents. It
would also bring greater consistency across the government in how
immunized witnesses may be questioned. Again, both provisions were
passed the Senate by unanimous consent once before.
Provisions to bar false statements and compel truthful testimony have
been on the Federal statute books for 40 years or more. Recent court
decisions and events have eroded the usefulness of some of these
provisions as they apply to the courts and Congress. The bill before
you is a bipartisan effort to redress some of the imbalances

[[Page S4859]]

that have arisen among the branches in these areas. I urge you to join
Senator Specter, myself, and our cosponsors in supporting swift passage
of this important legislation.
______

By Mr. PRESSLER (for himself, Mr. Bryan, Mr. Warner, Mr. Burns,
Mr. Stevens, Mr. Hollings, Mr. Inouye, Mr. Ford, Mr. Kerry, Mr.
Breaux, Mr. Dorgan, Mr. Akaka, Mr. Coverdell, and Mr.
Johnston):
S. 1735. A bill to establish the U.S. Tourism Organization as a
nongovernmental entity for the purpose of promoting tourism in the
United States; to the Committee on Commerce, Science, and
Transportation.

The U.S. Tourism Organization Act

Mr. PRESSLER. Mr. President, the travel and tourism industry is the
second most productive in the world. In the United States, the tourism
industry employs more than 6.3 million people--making it the second
largest employer in the country.
Unfortunately, the United States is no longer the No. 1 tourist
destination. As other nations have recognized the economic potential of
tourism, the United States has allowed itself to fall behind. We must
reverse this trend.
This week we celebrate National Tourism Week. To commemorate the
important contributions of this great industry, I am introducing a bill
to stimulate U.S. tourism. I plan to make it a major priority, as
chairman of the Committee on Commerce, Science, and Transportation--and
as cochair of the Senate Tourism Caucus--and as the Senator from one of
the finest tourist destinations on Earth. My bill gives Federal charter
to a new U.S. Tourism Organization--a nonprofit, nongovernmental group
to promote U.S. tourism, both in this country and abroad.
Mr. President, this organization would be put together entirely
through private-sector initiatives. It is designed as a public-private
partnership--not an expensive new Government program. My bill would
allow the U.S. Tourism Organization to raise funds through the
development and sale of a tourism logo or emblem--much as is done today
by the U.S. Olympic Committee. In addition, for an annual fee, American
businesses could become members of the U.S. Tourism Organization.
Membership would allow use of the logo for advertising and promotional
efforts. Not only would this boost individual businesses, it also would
advance the tourism industry as a whole.
My bill also would implement a national tourism strategy so that the
United States can once again be the No. 1 tourist destination in the
world. This is of critical importance to places like my home State of
South Dakota.
In South Dakota, we depend upon our average tourism revenues of $1.24
billion. In fact, tourism is second only to agriculture as the most
lucrative industry in South Dakota.
Ask anyone in Washington and they will tell you I am South Dakota's
No. 1 travel agent.
Whether it is Sturgis Motorcycle Rally, where I enjoy riding my
Harley Davidson Softtail, a trip to Laura Ingalls Wilder's home in
DeSmet, or the Prairie Dog Hunt in Winner--I am always looking for ways
to promote South Dakota as a tourist destination.
Incidentally, I was able to ride my Harley in the beautiful Black
Hills of South Dakota this weekend. I am leading a group of 600
motorcyclists there in 2 weeks. The Sturgis bike rally is one of the
major events in the Nation--South Dakota really is a major tourist
destination.
Visitors to my Washington office frequently ask about the beautiful
panorama of Mount Rushmore which hangs in my reception area. Set in the
heart of the Black Hills National Forest, the memorial is a shrine of
American Presidential heroes: George Washington, Father of the Nation;
Thomas Jefferson, author of the Declaration of Independence; Theodore
Roosevelt, conservationist and trustbuster; and Abraham Lincoln, the
great emancipator and preserver of the Union. More than 65 years after
its conception, Mount Rushmore is still one of the most powerful
symbols of America's democracy.
In my office, I also have a sign letting guests know that the
infamous Wall Drug in Wall, SD is only 1,523 miles away. The store
survived the Great Depression by serving free ice water to travelers.
Today, Wall Drug boasts a restaurant, art gallery, gift shops, and of
course, the drug store that started it all. I might add, the ice water
is still free.

As part of my more official efforts, I recently wrote to every
foreign ambassador in Washington encouraging them to promote South
Dakota as a tourist destination. Not long after receiving my letter,
the Ambassador from Austria visited South Dakota. I understand he
enjoyed his visit very much. Foreign visitors are becoming our fastest
growing tourist population. We welcome them.
The bill I am introducing today is designed to make it easier for
foreign visitors to plan a trip to South Dakota. Among the many duties
of the U.S. Tourist Organization is the development of a national
travel and tourism strategy aimed at increasing foreign tourism in the
United States.
I want the organization to aim at high technology. Earlier this year
we passed the Telecommunications Act of 1996. This new law will unleash
whole generations of communications technology. When I introduced the
bill that became that law, I said the technology it would spur would
benefit a wide variety of industries. This is a prime example. With
technologies such as the World Wide Web, information on U.S. tourism
can be made available to all corners of the globe.
Austrians could learn about the world-class Shrine to Music Museum in
Vermillion. Kenyan safari hunters would be able find out when hunting
season is in Redfield--the Pheasant Capital of the world. Dogsledders
in the Yukon may want to try out the snowmobile trails of the Black
Hills National Forest.
The use of the latest developments in communications technology could
promote destinations like the city of Deadwood--one of the fastest
growing tourist destinations in South Dakota. Deadwood's Main Street is
lined with old-fashioned saloons and gaming halls--inspiring memories
of the 1890's gold rush. You can still visit Saloon No. 10 where Wild
Bill Hickock was shot--making famous his poker hand of aces and eights,
the Deadman's hand.
Other legendary sites in South Dakota also would benefit. Near
Garretson, SD lies Devil's Gulch--a deep rocky chasm, made famous by
Jesse James. As you stand and look across Devil's Gulch, you can almost
imagine Jesse's cry when, being chased by the law, he spurred his horse
to leap across the 20-foot wide, 50-foot deep chasm and rode to
freedom.
Of course, once the destination is decided, visitors would want to
book accommodations, and arrange transportation and tour guides.
However, in South Dakota, we have many small businesses which might not
have the advertising budgets of the larger tours and resorts.
My bill is designed to promote all U.S. tourism interests--including
both large and small business operations. To ensure this, the U.S.
Tourism Organization would have a National Tourism Board, with 45
members, each representing a different aspect of the travel and tourism
industry--from transportation, to accommodations, from dining and
entertainment, to tour guides.
This provision would be particularly helpful to small business owners
in South Dakota like Al Johnson who runs the Palmer Gulch Resort near
Hill City. Or for Alfred Mueller, owner of Al's Oasis in Chamberlain--
the famous home of the buffaloburger.
The U.S. Tourism Organization would partner the Federal Government
with the men and women who are the tourism industry. This type of
public-private partnership was discussed by South Dakotans like Vince
Coyle, of Deadwood, and Julie Jensen, of Rapid City, when they attended
the White House conference on tourism. Working together, we can make
tourism the new key to this country's economic success.
This is our opportunity to forge ahead. There is no reason the U.S.
travel and tourism should be relegated to the backseat any longer. I
urge my colleagues to join me in the effort to once again make the
United States the top tourist destination in the world.
With that, Mr. President, I send to the desk a bill to establish the
U.S. Tourism Organization as a nongovernmental entity for the purpose
of promoting tourism in the United States.

[[Page S4860]]

Mr. President, I see my colleague, Senator Warner of Virginia, on the
floor.
He is a champion of tourism. He has been a leader in the tourism
industry since we came to the Senate together in 1978. I am proud he is
joining in this effort to lead the charge to work for this bill's
passage. We know that in the Department of Commerce and especially in
the Undersecretary for Tourism's office there have been cutbacks. But
this provides us with a vehicle to accomplish our goal to promote
tourism, a vehicle of using public-private partnership. This is the
spirit and the genius of free enterprise in our country. Senator Warner
has been at the forefront of that legislation, and I salute him, and I
welcome him to help lead this charge.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record, and I yield the floor to my friend from
Virginia.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1735

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 ``United States Tourism
Organization Act''.

SEC. 2. FINDINGS.

The Congress finds that--
(1) the travel and tourism industry is the second largest
retail or service industry in the United States, and travel
and tourism services ranked as the largest United States
export in 1995, generating an $18.6 billion trade surplus for
the United States;
(2) domestic and international travel and tourism
expenditures totaled $433 billion in 1995, $415 billion spent
directly within the United States and an additional $18
billion spent by international travelers on United States
flag carriers traveling to the United States;
(3) direct travel and tourism receipts make up 6 percent of
the United States gross domestic product;
(4) in 1994 the travel and tourism industry was the
nation's second largest employer, directly responsible for
6.3 million jobs and indirectly responsible for another 8
million jobs;
(5) employment in major sectors of the travel industry is
expected to increase 35 percent by the year 2005;
(6) 99.7 percent of travel businesses are defined by the
federal government as small businesses; and
(7) the White House Conference on Travel and Tourism in
1995 brought together 1,700 travel and tourism industry
executives from across the nation and called for the
establishment, by federal charter, of a new national tourism
organization to promote international tourism to all parts of
the United States.

SEC. 3. UNITED STATES TOURISM ORGANIZATION.

(a) Establishment.--There is established with a Federal
charter, the United States Tourism Organization (hereafter in
this Act referred to as the ``Organization''). The
Organization shall be a nonprofit organization. The
Organization shall maintain its principal offices and
national headquarters in the city of Washington, District of
Columbia, and may hold its annual and special meetings in
such places as the Organization shall determine.
(b) Organization not a Federal Agency.--Notwithstanding any
other provision of the law, the Organization shall not be
considered a Federal agency for the purposes of civil service
laws or any other provision of Federal law governing the
operation of Federal agencies, including personnel or
budgetary matters relating to Federal agencies. The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Organization or any entities within the Organization.
(c) Duties.--The Organization shall--
(1) facilitate the development and use of public-private
partnerships for travel and tourism policymaking;
(2) seek to, and work for, an increase in the share of the
United States in the global tourism market;
(3) implement the national travel and tourism strategy
developed by the National Tourism Board under section 4;
(4) operate travel and tourism promotion programs outside
the United States in partnership with the travel and tourism
industry in the United States;
(5) establish a travel-tourism data bank and, through that
data bank collect and disseminate international market data:
(6) conduct market research necessary for the effective
promotion of the travel and tourism market; and
(7) promote United States travel and tourism.
(d) Powers.--The Organization--
(1) shall have perpetual succession;
(2) shall represent the United States in its relations with
international tourism agencies;
(3) may sue and be sued;
(4) may make contracts;
(5) may acquire, hold, and dispose of real and personal
property as may be necessary for its corporate purposes;
(6) may accept gifts, legacies, and devices in furtherance
of its corporate purposes;
(7) may provide financial assistance to any organization or
association, other than a corporation organized for profit,
in furtherance of the purpose of the corporation;
(8) may adopt and alter a corporate seal;
(9) may establish and maintain offices for the conduct of
the affairs of the Organization;
(10) may publish a newspaper, magazine, or other
publication consistent with its corporate purposes;
(11) may do any and all acts and things necessary and
proper to carry out the purposes of the Organization; and
(12) may adopt and amend a constitution and bylaws not
inconsistent with the laws of the United States or of any
State, except that the Organization may amend its
constitution only if it--
(A) publishes in its principal publication a general notice
of the proposed alteration of the constitution, including the
substantive terms of the alteration, the time and place of
the Organization's regular meeting at which the alteration is
to be decided, and a provision informing interested persons
that they may submit materials as authorized in subparagraph
(B); and
(B) gives to all interested persons, prior to the adoption
of any amendment, an opportunity to submit written data,
views, or arguments concerning the proposed amendment for a
period of at least 60 days after the date of publication of
the notice.
(e) Nonpolitical Nature of the Organization.--The
Organization shall be nonpolitical and shall not promote the
candidacy of any person seeking public office.
(f) Prohibition Against Issuance of Stock or Business
Activities.--The Organization shall have no power to issue
capital stock or to engage in business for pecuniary profit
or gain.

SEC. 4. NATIONAL TOURISM BOARD.

(a) Establishment.--The Organization shall be governed by a
Board of Directors known as the National Tourism Board
(hereinafter in this Act referred to as the ``Board'').
(b) Membership.--
(1) Composition.--The Board shall be composed of 45
members, and shall be self-perpetuating. Initial members
shall be appointed as provided in paragraph (2). The Board
shall elect a chair from among its members.
(2) Founding members.--The founding members of the Board
shall be appointed, or elected, as follows:
(A) The Under Secretary of Commerce for International Trade
Administration shall serve as a member ex officio.
(B) 5 State Travel Directors elected by the National
Council of State Travel Directors.
(C) 5 members elected by the International Association of
Convention and Visitor Bureaus.
(D) 3 members elected by the Air Transport Assocation.
(E) 1 member elected by the National Assocation of
Recreational Vehicle Parks and Campgrounds; 1 member elected
by the Recreation Vehicle Industry Association.
(F) 2 members elected by the International Association of
Amusement Parks and Attractions.
(G) 3 members appointed by major companies in the travel
payments industry.
(H) 5 members elected by the American Hotel and Motel
Association.
(I) 2 members elected by the American Car Rental
Association; 1 member elected by the American Automobile
Association; 1 member elected by the American Bus
Association; 1 member elected by Amtrak.
(J) 1 member elected by the National Tour Association; 1
member elected by the United States Tour Operators
Association.
(K) 1 member elected by the Cruise Lines International
Association; 1 member elected by the National Restaurant
Association; 1 member elected by the National Park
Hospitality Association; 1 member elected by the Airports
Council International; 1 member elected by the Meeting
Planners International; 1 member elected by the American
Sightseeing International; 4 members elected by the Travel
Industry Association of America.
(3) Terms.--Terms of Board members and of the Chair shall
be determined by the Board and made part of the Organization
bylaws.
(c) Duties of the Board.--The Board shall--
(1) develop a national travel and tourism strategy for
increasing tourism to and within the United States; and
(2) advise the President, the Congress, and members of the
travel and tourism industry concerning the implementation of
the national strategy referred to in paragraph (1) and other
matters that affect travel and tourism.
(d) Authority.--The Board is hereby authorized to meet to
complete the organization of the Organization by the adoption
of a constitution and bylaws, and by doing all things
necessary to carry into effect the provisions of this Act.
(e) Initial Meetings.--Not later than 30 days after the
date on which all members of the Board have been appointed,
the Board shall have its first meeting.
(f) Meetings.--The Board shall meet at the call of the
Chair, but not less frequently than semiannually.
(g) Compensation and Expenses.--The chairman and members of
the Board shall

[[Page S4861]]

serve without compensation but may be compensated for
expenses incurred in carrying out the duties of the Board.
(h) Testimony, Reports, and Support.--The Board may present
testimony to the President, to the Congress, and to the
legislatures of the State and issue reports on its findings
and recommendations.

SEC. 5. SYMBOLS, EMBLEMS, TRADEMARKS, AND NAMES.

(a) In General.--The Organization shall provide for the
design of such symbols, emblems, trademarks, and names as may
be appropriate and shall take all action necessary to protect
and regulate the use of such symbols, emblems, trademark, and
names under law.
(b) Unauthorized Use; Civil Action.--Any person who,
without the consent of the Organization, uses--
(1) the symbol of the Organization;
(2) the emblem of the Organization;
(3) any trademark, trade name, sign, symbol, or insignia
falsely representing association with, or authorization by,
the Organization; or
(4) the words ``United States Tourism Organization'', or
any combination or simulation thereof tending to cause
confusion, to cause mistake, to deceive, or to falsely
suggest a connection with the Organization or any
Organization activity;

for the purpose of trade, to induce the sale of any goods or
services, or to promote any exhibition shall be subject to
suit in a civil action brought in the appropriate court by
the Organization for the remedies provided in the Act of July
5, 1946 (60 Stat. 427; 15 U.S.C. 1501 et seq.), popularly
known as the Trademark Act of 1946. Paragraph (4) of this
subsection shall not be construed to prohibit any person who,
before the date of enactment of this Act, actually used the
words ``United States Tourism Organization'' for any lawful
purpose from continuing such lawful use for the same purpose
and for the same goods and services.
(c) Contributors and Suppliers.--The Organization may
authorize contributors and suppliers of goods and services to
use the trade name of the Organization as well as any
trademark, symbol, insignia, or emblem of the Organization in
advertising that the contributions, goods, or services were
donated, supplied, or furnished to or for the use of,
approved, selected, or used by the Organization.
(d) Exclusive Right of the Organization.--The Organization
shall have exclusive right to use the name ``United States
Tourism Organization'', the symbol described in subsection
(b)(1), the emblem described in subsection (b)(2), and the
words ``United States Tourism Organization'', or any
combination thereof, subject to the use reserved by the
second sentence of subsection (b).

SEC. 6. UNITED STATES GOVERNMENT COOPERATION.

(a) Secretary of State.--The Secretary of State shall--
(1) place a high priority on implementing recommendations
by the Organization; and
(2) cooperate with the Organization in carrying out its
duties.
(b) Director of the United States Information Agency.--The
Director of the United States Information Agency shall--
(1) place a high priority on implementing recommendations
by the Organization; and
(2) cooperate with the Organization in carrying out its
duties.
(c) Trade Promotion Coordinating Committee.--Section 2312
of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is
amended--
(1) by striking out ``and'' at the end of subsection
(c)(4);
(2) by striking the period at the end of subsection (c)(5)
and inserting a semicolon and the word ``and'';
(3) by adding at the end thereof the following:
``(6) reflect recommendations by the National Tourism Board
established under the United States Tourism Organization
Act.'' and
(2) in paragraph (d)(1) by striking ``and'' in subparagraph
(L), by redesignating subparagraph (M) as subparagraph (N),
and by inserting the following:
``(M) the Chairman of the Board of the United States
Tourism Organization, as established under the United States
Tourism Organization Act; and''.

SEC. 7. SUNSET.

If, by the date that is 2 years after the date of
incorporation of the Organization, a plan for the long-term
financing of the Organization has not been implemented, the
Organization and the Board shall terminate.

Mr. WARNER addressed the Chair.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WARNER. Mr. President, I thank my distinguished colleague from
South Dakota for his kind remarks. Indeed, I had earlier this year, in
March, introduced S. 1623, a bill which in many respects has been
incorporated, with my concurrence, in the bill that has just been sent
to the desk, on which I am a principal cosponsor, as the Senator from
South Dakota stated.
The Senator from South Dakota is the chairman of the Commerce
Committee, which is the committee of primary jurisdiction for this
issue. I think it is most proper that he take the lead, and I am happy
to join him. I at this time urge that the 19 cosponsors--I was
privileged to get 19 cosponsors on my bill--now direct their attention
to this bill which will be the principal focal point for the
deliberations in the committee as well as in this Chamber regarding
this important subject.
It is very interesting that it is just 20 years ago that I began to
take my, should we say, initial course in the importance of tourism. At
that time, I was privileged to serve the President of the United States
and, indeed, the Congress as the director of the Nation's bicentennial
Federal effort. It quickly came to my attention, as it did to all
involved in the bicentennial of the United States, that it would be a
focal point that would draw visitors from all over the world. Indeed,
it did. Millions and millions of people came from all over the world.
In the years thereafter, those who could not come during, let us say,
the years 1975-76, which was sort of the peak of the centennial--July
4, 1976, was the focal point--came years after because of the goodwill,
the interest that was created by that celebration here in the United
States.
It was my role to see that each of the States had equal opportunity,
each of the villages and towns all across America had an equal
opportunity to participate. If I may say, I was proud to, in many
respects, keep the Federal effort down so it was not competitive with
the creativity that took place all across our great land and also saved
the taxpayers' dollars.
I might add that there was a small Federal administration created of
which I was the head. We did our job, closed our doors and turned back
to the Federal Treasury a considerable portion of the revenue that we
had generated primarily through the sale of coins and other items with
the national logo affixed thereto.
In the years I have been privileged to serve in the Senate, time and
time again--indeed, initiated under Republican Presidents--was the
effort to cut back the participation of the United States in
facilitating tourism here in the United States with visitors from
abroad. I resisted those efforts successfully for a number of years,
but now, in this important era of our change of philosophy, namely, to
let us move towards less Government and less Government spending, we
accept the fact that the Federal Government is going to take a lesser
role, and the purpose of this act is to try to pick up some of those
responsibilities by the private sector at no cost to the taxpayers.
Therefore, I think it is important that all begin to give greater
focus to travel and tourism in our Nation. Tourism means jobs, and that
is the single most important thing in America today, in my judgment. As
I travel about my State, there is the anxiety over jobs. It is job
security that concerns not just the wage earner, or, in many instances,
two wage earners in the family, but the whole family right on down to
the children.
This is a means to create superb quality jobs at all levels, and it
needs our support. Whether it be at the hotels, airlines, restaurants,
campgrounds, amusement parks, or things that interest me and always
have, the historical sites all across our great land, tourism works,
and it works well.
Today marks National Tourist Appreciation Day during National Tourism
Week. It is a small tribute to this job-impacted industry, which is the
second leading provider of jobs in this Nation--just stop to think, the
second leading provider of jobs in this country--and the third largest
retail industry, giving the United States a $21 billion trade surplus.

Last year, visitors from abroad brought approximately $80 billion--
let me repeat that--last year visitors coming to our United States from
all over the world brought $80 billion to the U.S. economy, which is
one-fifth of the total $400 billion provided to the economy by the
travel and tourism industry.
Mr. PRESSLER. Will my friend yield for a question?
Mr. WARNER. Yes.
Mr. PRESSLER. I again commend my friend from Virginia for his great
leadership. I think he found, in getting cosponsors for his original
bill, there is bipartisan support for this. And I see our friend,
Senator Dick Bryan, who has done such an outstanding job on tourism and
travel matters on his side of the aisle. He also has led the charge on
tourism and supports this bill. Is it not true that my friend found
great bipartisan support?

[[Page S4862]]

Mr. WARNER. Mr. President, very definitely. It is absolutely
bipartisan support on this measure, and that is why I am very much
encouraged that this bill will be very promptly addressed by the Senate
and passed.
I hasten to add that while we got $80 billion last year, it is
slipping. The number of persons coming to our shores is going down,
going down, in my judgment, because we do not have the adequate funds
to project the message beyond our shores--come, come share with us in
this magnificent land of ours. And that is the purpose of this bill.
For the past several years, the United States' share of the
international travel market has declined. Last year, 2 million fewer
foreign visitors came to our shores and to visit our land. That was a
19-percent decline. This translated into 177,000 fewer travel-related
jobs in our Nation.
Let us join in this legislation to reverse this decline. We need to
attract more international tourists and enhance the travel experience
of both domestic and international travelers. The United States must
remain the destination of choice for world travelers.
I am pleased to join with my colleague from South Dakota in
introducing the United States Tourism Organization Act. The bill builds
on the foundation of support in Congress and in the industry
established by S. 1623, the measure that I introduced in March, the
Travel and Tourism Partnership Act. With the elimination of the U.S.
Travel and Tourism Administration--that is the Federal role, which
understandably, as Government shrinks, can no longer serve in this
purpose--the United States, our Nation, will become the only major
developed nation without a Federal tourism office.
We need a national strategy to maintain and increase our share of the
global travel market. Other nations pour money, their tax dollars, into
marketing, attempting to lure tourists to their shores, and they are
doing so in a way that is taking them away from our United States. Our
legislation will provide the tools with which the United States can
better compete with these nations. We can counter these foreign
promotion dollars with a combination of technical assistance from the
Federal Government and financial assistance from the private sector.
This legislation will create a true public-private partnership
between the travel and tourism industry and the public sector to
effectively promote international travel to the United States. It
supplants the big Government, top-down bureaucracy which was eliminated
with the U.S. Travel and Tourism Administration. This bill establishes
a Federal charter for a privately funded, nonprofit organization tasked
with facilitating the development of increasing the United States share
of the global tourism market. The travel tourism data bank will collect
international market data for dissemination to the travel and tourism
industry. It is my hope that the final bill will incorporate the
technical assistance provisions that we included in S. 1623. The U.S.
Tourism Organization will represent the United States in its relations
with world tourism, and with other international agencies, and will be
governed by the national tourism board.

This bill does not cost the taxpayer a nickel. No Federal funding is
associated with the legislation. The bill includes a sunset provision
which directs the U.S. Tourism Organization to develop a long-term
financing plan within 2 years, encouraging ongoing industry support for
its promotion efforts.
Travel industry leaders from around the Nation enthusiastically
endorse the plan embodied in this bill. Let me just pause on that. This
bill is a direct result of tremendous support all across the tourism
industry. So it is a joint effort at the very inception with those of
us in the legislative branch and those in the private sector.
The White House Conference on Travel and Tourism supported this
amendment. Together, through the collective talent of both the
organization and the board of directors, it is my hope that America
will once again launch itself into the international tourism market and
be a strong competitor, as it has been in years previously, again
creating jobs here in our United States.
I encourage all 19 of my colleagues who supported S. 1623, the Travel
and Tourism Partnership Act, which I introduced in March, to join in
this initiative.
The Senator from South Dakota extolled, quite properly, the virtues
of his State. I will not take time here today to extol the virtues of
Virginia. But we are proud to be known as the Mother of Presidents. So
much of the early history of our Nation, particularly the formation of
the Government, devolved upon Virginians, to bring forth the ideas that
we cherish today. Indeed, the very manual that rests on the President's
desk is derivative of Mr. Jefferson's teachings years ago.
So Virginia will take second place to none. But I think in fairness
we are here today to concentrate on this legislation. Indeed, our
Governor, with the help of his lovely wife, is spending a great deal of
time on the subject of tourism today, recognizing how important it is
to the economy of our State. But it is also important that our State be
understood all across America, particularly in the educational process,
as to how it had a major role in the development of our Government
today.
Mr. President, I yield the floor. I commend the distinguished Senator
about to speak for his participation in this bill, Senator Bryan.
The PRESIDING OFFICER. The Chair recognizes the Senator from Nevada.
Mr. BRYAN. Mr. President, I thank my friend, the distinguished senior
Senator from Virginia, Mr. Warner, and the committee chairman, Senator
Pressler, Senator Hollings, Senator Inouye, Senator Ford, Senator
Kerry, Senator Breaux, Senator Dorgan, Senator Akaka, and Senator
Johnston for their leadership in introducing this bill which is the
United States Tourism Organization Act.
Let me say, parenthetically, I hail from a State where tourism is far
and above our largest single economic industry. It is the mainstream,
the main spring for an economy which has grown more rapidly than any
economy in America, added more new jobs, enjoys more economic growth
and vitality. The southern part of the State, Las Vegas, will soon have
100,000 hotel rooms. That is larger than any city, not only in America,
but in the world. And several new properties are on the drawing boards.
So tourism is something we understand in Nevada. From my former
capacity as the chief executive of Nevada, I know that we work at the
State level to establish the public-private partnership that my
colleagues have alluded to earlier this afternoon in their remarks on
the floor. So I am delighted to work with them in fashioning this piece
of legislation.
Travel and tourism has been one of our country's great success
stories. Tourism is the second largest employer in our Nation after
health care. It employs, either directly or indirectly, 13 million
Americans and has created jobs at more than twice the national average.
Travel and tourism generated $417 billion spending in 1994.
International visitor spending accounted for $77 billion in foreign
exchange, making it America's largest export.
Tourism generated a $22 billion net surplus in our trade balance. The
opportunity that we have is ever so promising because international
tourism is the most rapidly growing sector in the tourism market. By
the year 2000, 4 years from now, more than 661 million people will be
traveling throughout the world. That is twice as many people as
traveled just a little more than a decade ago, in 1985.
Unfortunately, even as we look forward to anticipate the good news of
expanded international travel, we reflect upon the fact that America's
share of the world's tourism market is declining. In 1983, the United
States enjoyed almost 19 percent of the world's tourism receipts. That
has declined to 15.6 percent this year and is expected to shrink to
13.8 percent by the end of this decade.

The loss in the U.S. share of the world tourism market can be
translated into a significant impact on our trade deficit and
employment--jobs, as the distinguished Senator from Virginia pointed
out. If we were able to keep our world tourism share from shrinking, we
would improve our trade balance by $28 billion and increase employment
in America by 370,000 persons by the year 2000.

[[Page S4863]]

Those are significant numbers by any measure. Very few industries can
shape our economy to this extent. Until a few months ago, the Federal
Government funded a tourism program effort that ranked 23d in the world
in terms of dollars spent, putting the United States behind such
countries as Tunisia and Malaysia. While this effort fell far short of
what should have been, it was a worthwhile effort that produced
tangible effects.
Under the skillful leadership of the Under Secretary of Travel and
Tourism, Greg Farmer, USTTA was an effective organization and helped to
create a favorable impression of our country to foreign tourists.
Although this bill enjoyed strong bipartisan support in the
continuation of the agency for a transitional year, it was supported in
the Senate; we had strong bipartisan support of Senator Burns and
Senator McConnell. Unfortunately, in the House the action of the
chairman of the House Appropriations Committee killed this minimal
effort and left our country without any international tourism
promotion, while at the same time our international competitors have
impressive international tourism efforts, trying to entice America and
other countries' citizens to visit their countries. The United States,
as a result of this action, was unilaterally disarmed in the
competition for international travel markets.
This was a bad decision, when we consider the great opportunities
that we have to encourage visitors to this country this summer. As the
distinguished occupant of the chair knows, we have, in an adjacent
State to his own, the summer Olympic Games in Atlanta; an opportunity
for people from around the world to stay and not only visit the Olympic
Games but to see other parts of our country as well.
While the effort to continue the USTTA for the transitional year, as
I have indicated, was unsuccessful--and I opposed what I considered a
myopic approach--nevertheless, we do have an opportunity to recover.
Last October the White House hosted the first ever White House
Conference on Travel and Tourism. That conference came up with a series
of recommendations from all segments of the tourism industry on how to
improve our promotional efforts as a country.
Most significant was the recommendation to establish a public-private
partnership for tourism promotion, and it is this legislation that
traces its origins to the White House conference, generated by a broad
sector of the tourism industry, that we embody in the legislation that
we introduce today.
This legislation establishes, by a Federal charter, the U.S. Tourism
Organization. The organization shall be nonprofit and shall implement
the national travel and tourism strategy, operate travel and tourism
promotion outside the United States, establish a travel and tourism
data bank to collect and disseminate international market data and to
conduct market research for the effective promotion of U.S. tourism.
The organization shall be governed by a board of directors which
shall have 45 members and be known as the national tourism board,
representing a broad and diverse cross-section of various public and
private-sector tourism entities.
The tourism industry strongly supports this legislation. We are
counting on them to turn this into a successful organization.
This legislation, incorporating a public-private sector partnership,
is a model for how Government, industry, and labor should cooperate in
promoting our national efforts. I hope we can swiftly pass this
legislation and send it to the President so we can get on with our
efforts to encourage more travel and tourism from abroad to the United
States.
Mr. STEVENS. Mr. President, I have come to the floor today to speak
briefly in support of S. 1735, a bill that will establish an
independent U.S. Tourism Organization.
I am supportive, particularly, of the structure of the bill that
Senator Pressler has put together. I want to commend him and the staff
of the Commerce Committee for their hard work. They have fashioned a
bill that has gotten strong bipartisan support here in the Senate.
We used the 1950 act that incorporates the U.S. Olympic Committee
[USOC] as a model for this bill. That act was greatly expanded upon by
the Amateur Sports Act of 1978 [ASA], and the concepts in S. 1735 draw
much from the ASA.
The primary goal of the ASA was to create a strong, central authority
to serve amateur athletics.
We are now creating a strong, central authority for the tourism
industry, which will be called the U.S. Tourism Organization [USTO].
The USTO would have many of the same duties and powers as provided in
the Amateur Sports Act for the U.S. Olympic Committee, including the
authority to represent the United States internationally with respect
to tourism and to adopt a constitution and bylaws. Like the U.S.
Olympic Committee, the U.S. Tourism Organization would be required to
be nonpolitical.
S. 1735 would specify the founding members of a board of directors
for the U.S. Tourism Organization.
As with the ASA, S. 1735 would grant the USTO the authority to design
appropriate symbols, emblems, trademarks, and names, and would make it
a violation of the Trademark Act of 1946 for any person to use these
without the consent of the USTO.
The Olympic Committee's ability to raise funds for its operations is
almost entirely related to its exclusive rights under the ASA to
Olympic symbols, and we hope the exclusive use of these will work as
for the new USTO.
Significantly, as with the U.S. Olympic Committee, no Federal funding
is associated with this legislation. This is an industry-funded and
industry-directed initiative.
Supporting over 14 million jobs directly and indirectly, the travel
and tourism industry is America's second largest employer. It is the
third largest retail industry, generating an estimated $430 billion in
expenditures. And it is good for State, local, and Federal Government,
generating almost $60 billion a year in Federal, State, and local
taxes.
Tourism is extremely important to my State of Alaska. Over 1 million
people will visit Alaska this year; that's more visitors than there are
State residents.
Tourists, both domestic and international, support 22,000 jobs in
Alaska and $523 million in payroll. This year, tourists will spend $1.2
billion in my State.
I support this legislation, which would create the foundations of a
strong, independent entity to promote travel and tourism in the United
States. I urge my colleagues to support this bill.
______

By Mr. STEVENS:
S. 1736. A bill for the relief of Staff Sergeant Charles Raymond
Stewart and Cynthia M. Stewart of Anchorage, Alaska, and their minor
son, Jeff Christopher Stewart; to the Committee on the Judiciary.

private relief legislation

Mr. STEVENS. Mr. President, today I am introducing a private bill for
a young Alaskan, Jeff Stewart. Jeff's father, Charles Stewart was a
staff sergeant stationed in Germany in 1992. Jeff and his brother were
playing when Jeff fell and fractured his hip. Jeff was taken to the
Langstuhl Army Hospital's emergency room where an Army physician failed
to diagnose his fractured hip. Jeff was sent home for bed rest. Two
days later Jeff's mother took Jeff to the Air Force clinic at Ramstein
Air Base because Jeff was still in intense pain. At Ramstein, Jeff was
seen by an Air Force physician who also failed to diagnose his
fractured hip and sent Jeff home for bed rest. Six days later Jeff's
parents took him back to Ramstein where an Air Force nurse diagnosed
his fractured hip.
Unfortunately, this diagnosis was too late to prevent permanent
injury to Jeff. Jeff must now face a painful hip replacement operation
every 7 to 10 years for the rest of his life.
My bill will not automatically compensate Jeff and his family;
rather, it will allow them to bring suit in a U.S. court as they would
have had a right to do if the treatment had occurred in the United
States. Nor is this bill meant to infer negligence on the part of the
United States or the military doctors that treated Jeff Stewart; rather
it will give Jeff and his family the opportunity to explain their case
to a judge

[[Page S4864]]

who can make the final decision as to whether or not Jeff should be
compensated.
______

By Mr. BUMPERS:
S. 1737. A bill to protect Yellowstone National Park, the Clarks Fork
of the Yellowstone National Wild and Scenic River, and the Absaroka-
Beartooth Wilderness Area, and for other purposes; to the Committee on
Energy and Natural Resources.

the yellowstone protection act of 1996

Mr. BUMPERS. Mr. President, I rise to introduce a bill dealing with a
proposed gold, silver, and copper mine to be operated by the Crown
Butte Mining Co., a wholly-owned subsidiary of two Canadian companies,
2\1/2\ miles north of Yellowstone National Park.
They also propose to construct a 72-acre impoundment area with a dam
that would be somewhere between 75 and 100 feet high, which would have
a plastic lining on the bottom and some sort of a cap on top to keep
oxygen away from the 5.5 million tons of tailings from the mining
operation that would go into this impoundment area. The purpose of
keeping the oxygen away from it is to keep the waste from turning into
sulfuric acid.
The President of the United States flew over this area last summer
and promptly thereafter, by Executive order, withdrew 19,100 acres of
land in the Gallatin and Custer National Forests in Montana.
The President has the authority to segregate public lands, subject to
valid existing rights, and keep that land from being used for mining
purposes for a period of 2 years. Then the Secretary of the Interior
has the right, pursuant to the Federal Lands Policy Management Act, to
withdraw that land for 20 years.
My bill would prevent approximately 24,000 acres of Federal land in
the area from being used for mining, subject to valid existing rights.
My bill admittedly cannot legally stop Crown Butte from proceeding with
the mine, assuming the proposed mine meets all of the environmental
requirements. My bill and the President's action before my bill are
designed to discourage them and dissuade them from doing it. I hope
that Crown Butte, as good corporate citizens, will not force the issue
and leave us to wonder whether or not this 5.5 million tons of tailings
that they propose to impound there could possibly break loose and
pollute Clarks Fork and Soda Butte Creek, which flows right into
Yellowstone National Park.
The American Rivers Association has listed, for the last 3 years, the
Clarks Fork of the Yellowstone River as the most threatened river in
America. The World Heritage Convention, which consists of more than 135
nations that collaborate on what they consider to be sites of
international significance, has declared Yellowstone National Park as
endangered because of the proposed mine.
All of that does not have to tell us anything. I went to Yellowstone
when I was 12 years old--breathtaking. I never forgot any part of it,
the geysers, the magnificent waterfalls--all of it. Here is the first
national park in America, Yellowstone, a crown jewel. To allow a mining
company, in the interest of extracting $500 million to $700 million
worth of gold, silver and copper, to threaten to destroy the first
national park in America, one of the real crown jewels of the world,
not just America, is absolutely unacceptable.
From a purely philosophical standpoint, I am an unrepentant
environmentalist. I have not always been, because I never fully
understood it until I came to the Senate. But I have come to the
conclusion that if something is going to cause a lot of economic
dislocation, cost a lot of jobs, and the environmental damage is
temporary and can be fully, 100 percent mitigated, there are instances
when that might be acceptable. But any time you cannot conclusively
show that the environmental damage you are about to do cannot be
mitigated, cannot be reversed, that is a no brainer to this Senator.
While Crown Butte says that their impoundment area is a state-of-the-
art method of impounding these horrible, environmentally devastating
tailings from that gold operation, that is a no brainer for us not to
do everything we can to stop it.
The American people share many heartfelt values. None is greater than
the protection of our environment. Last year, when these savage
assaults on the environment were proposed, the American people were
vocally opposed and 74 percent of the people said they did not want to
turn the clock back on the environment.
So I hope I will attract both Democratic and Republican cosponsors to
this bill, because I know the Republicans in the U.S. Senate, for the
most part, are environmentalists. I know they share my concerns about
the possible ecological disaster that awaits us if we do not do
something to stop this mining operation from ever opening its doors so
near to Yellowstone.
Mr. President, I ask unanimous consent the bill which I now send to
the desk be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1737

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 ``Yellowstone Protection Act
of 1996''.

SEC. 2. FINDINGS.

(a) The Congress finds that--
(1) the superlative nature and scenic resources of the
Yellowstone area led Congress in 1872 to establish
Yellowstone National Park as the world's first national park;
(2) a 20.5 mile segment of the Clarks Fork of the
Yellowstone River was designated in 1990 as a component of
the National Wild and Scenic Rivers system, the only such
designation within the State of Wyoming, in order to preserve
and enhance the natural, scenic, and recreational resources
of such segment;
(3) the Absaroka-Beartooth National Wilderness Area was
designated in 1978 to protect the wilderness and ecological
values of certain lands north and east of Yellowstone
National Park;
(4) in recognition of its natural resource values and
international significance, Yellowstone National Park was
designated a World Heritage Site in 1978;
(5) past and ongoing mining practices have degraded the
resource values of Henderson Mountain and adjacent lands
upstream of Yellowstone National Park, the Absaroka-Beartooth
National Wilderness Area and the Clarks Fork of the
Yellowstone National Wild and Scenic River, and acid mine
pollution and heavy metal contamination caused by such
practices have polluted the headwater sources of Soda Butte
Creek and the Lamar River, the Clarks Fork of the Yellowstone
River and the Stillwater River;
(6) on September 1, 1995 approximately 19,100 acres of
federal land upstream of Yellowstone National Park, the
Clarks Fork of the Yellowstone National Wild and Scenic River
and the Absaroka-Beartooth National Wilderness Area were
segregated from entry under the general mining laws for a
two-year period, in order to protect the watersheds within
the drainages of the Clarks Fork of the Yellowstone River,
Soda Butte Creek and the Stillwater River and to protect the
water quality and fresh water fishery resources within
Yellowstone National Park;
(7) because of proposed mineral development upstream of
Yellowstone National Park, and other reasons, the World
Heritage Committee added Yellowstone National Park to the
``List of World Heritage in Danger'' in December, 1995; and
(8) proposed mining activities in the area present a clear
and present danger to the resource values of the area as well
as those of Yellowstone National Park, the Clarks Fork of the
Yellowstone National Wild and Scenic River and the Absaroka-
Beartooth National Wilderness Area, and it is, therefore, in
the public interest to protect these lands and rivers from
such mining activities.

SEC. 3. PURPOSE.

The purpose of this Act is to make permanent the present
temporary segregation of lands upstream of Yellowstone
National Park, Absaroka-Beartooth National Wilderness Area
and the Clarks Fork of the Yellowstone National Wild and
Scenic River from entry under the general mining laws,
restrict the use of certain federal lands, and to provide
assurance that the exercise of valid existing mineral rights
does not threaten the water quality, fisheries and other
resource values of this area.

SEC. 4. AREA INCLUDED.

The area affected by this Act shall be comprised of
approximately 24,000 acres of lands and interests in lands
within the Gallatin and Custer National Forests as generally
depicted on the map entitle ``Yellowstone Protection Act of
1996''. The map shall be on file and available for public
inspection in the offices of the Chief of the Forest Service,
Department of Agriculture, Washington, D.C.

SEC. 5. MINERALS AND MINING.

(a) Withdrawal.--After enactment of this Act, and subject
to valid existing rights, the lands segregated from entry
under the general mining laws pursuant to the order contained
on page 45732 of the Federal Register (September 1, 1995)
shall not be:
(1) open to location of mining claims under the general
mining laws of the United States;
(2) available for leasing under the mineral leasing and
geothermal leasing laws of the United States; and

[[Page S4865]]

(3) available for disposal of mineral materials under the
Act of July 31, 1947, commonly known as the Material Act of
1947 (30 U.S.C. 601 et seq.).
(b) Limitation on Patent Issuance.--Subject to valid
existing rights, no patents under the general mining laws
shall be issued for any claim located in the area described
in section 4.
(c) Prohibition.--(1) Subject to valid existing rights, no
federal lands within the area described in section 4 may be
used in connection with any mining related activity, except
for reclamation.
(2) Subject to valid existing rights, no federal department
or agency shall assist by loan, grant, license or otherwise
in the development or construction of cyanide heap- or vat-
leach facilities, dams or other impoundment structures for
the storage of mine tailing, work camps, power plants,
electrical transmission lines, gravel or rock borrow pits or
mills within the area described in section 4. However,
nothing in this section shall limit reclamation.
(d) Reclamation.--Any mining or mining related activities
occurring in the area described in section 4 shall be subject
to operation and reclamation requirements established by the
Secretary of Agriculture, including requirements for
reasonable reclamation of disturbed lands to a visual and
hydrological condition as close as practical to their
premining condition.
(e) Mining Claim Validity Reviews.--The Secretary of
Interior, in consultation with the Secretary of Agriculture,
shall complete within three years of the date of enactment of
this Act, a review of the validity of all claims under the
general mining laws within the area described in section 4.
If a claim is determined to be invalid, the claim shall be
immediately declared null and void.
(f) Plans of Operation.--(1) The Secretary of Agriculture
shall not approve a plan of operation for mining activities
within the area described in section 4 that threatens to
pollute groundwater or surface water flowing into Yellowstone
National Park, the Clarks Fork of the Yellowstone National
Wild and Scenic River or the Absaroka--Beartooth National
Wilderness Area.
(2) Prior to granting an order approving a plan of
operations for mining activities within the area described in
section 4, the Secretary of Agriculture shall transmit the
proposed plan of operation to the Secretary of Interior and
the Administrator of the Environmental Protection Agency, and
the Governors of Montana and Wyoming.
(3) Within 90 days of the date on which the proposed plan
of operations is submitted for their review, the Secretary of
Interior and the Administrator of the Environmental
Protection Agency shall either (1) certify that the proposed
plan of operation does not threaten to pollute groundwater or
surface water flowing into Yellowstone National park, the
Clarks Fork of the Yellowstone National Wild and Scenic River
or the Absoraka-Beartooth National Wilderness Area or (2)
make recommendations for any actions or conditions that would
be necessary to obtain their certification that the proposed
plan of operation will not threaten such pollution.
(4) The Secretary of Agriculture shall not approve a plan
of operation unless (1) the Secretary of Interior and the
Administrator of the Environmental Protection Agency provide
the certification under subsection (f)(3) of this section or
(2) the plan of operation is modified to adopt the
recommendations made by them and (3) any comments submitted
by the Governors of Montana and Wyoming are taken into
account.
(5) The Secretary of Agriculture shall not approve a plan
of operation for any mining activities within the area
described in section 4 that requires the perpetual treatment
of acid mine pollution of surface or groundwater resources.
(6) Prior to executing a final approval of the plan of
operation, the Secretary of Agriculture shall transmit the
proposed final plan to the President and Congress. The
President and Congress shall have 6 months from the date of
submittal to consider and review the final plan of operation,
before the Secretary of Agriculture may execute any final
approval of such plan.
______

By Mr. GRAMS:
S. 1738. A bill to provide for improved access to and use of the
Boundary Waters Canoe Area Wilderness, and for other purposes; to the
Committee on Energy and Natural Resources.

the boundary waters canoe area wilderness accessibility and partnership
act of 1996

Mr. GRAMS. Mr. President, I rise today to introduce legislation
designed to resolve one of the longest and most heartfelt controversies
in my home State of Minnesota: the future of the Boundary Waters Canoe
Area Wilderness.
In 1978, 1 million acres in northern Minnesota were designated by
Congress as our Nation's only lakeland-based Federal wilderness area.
This area was named the Boundary Waters Canoe Area Wilderness, or
BWCAW.
Through this Federal designation, Congress rightfully acknowledged
the need to protect the tremendous ecological and recreational
resources existing within the BWCAW.
At the same time, however, Congress recognized that it was to be a
multiple-use wilderness area, as first envisioned by Senator Hubert
Humphrey back in 1964.
When Senator Humphrey included the region now known as the boundary
waters in the National Wilderness System, he made that commitment to
the people of Minnesota when he said ``The Wilderness bill will not ban
motorboats.''
Respected preservationist Sigurd F. Olson reiterated Senator
Humphrey's pledge, saying ``Nothing in this act shall preclude the
continuance within the area of already established use of motorboats.''
In fact, it is safe to say that without those commitments to the
people of Minnesota, it is doubtful whether this region would be a
wilderness area today.
The 1978 legislation creating the boundary waters also included
commitments allowing motorized uses of select lakes and portages.
Minnesotans were to be given reasonable access to recreation in the
boundary waters. The region would be preserved as a national treasure
that could be enjoyed by everyone.
But as time passed, those commitments were forgotten in Washington.
Since 1978, the people of northern Minnesota have been subjected to
ever-increasing U.S. Forest Service regulations in the boundary waters.
Many in the area have seen their customs, cultures and traditions
uprooted by federal regulations which have shut them out of the land
they call home.
Definition changes and unreasonable permit restrictions are just a
few of the administrative changes that have twisted the original intent
of the boundary waters legislation, making the area less accessible for
the people who live there.
This 18-year history of broken promises and creeping encroachment by
the Federal Government has led to a region of our State being overtaken
by Washington bureaucrats, their rules and regulations, and
restrictions on public access and input.
It has turned the original boundary waters law on its head and
prevented many of us from enjoying the same natural resources our
mothers and fathers cared for over the years.
Enough is enough.
It is time to return to the original intent of the boundary waters
legislation, to give the public access to the natural resources which
surround them, and to give Minnesotans a say in how their land is
managed. My legislation will do just that.
The Boundary Waters Canoe Area Wilderness Accessibility and
Partnership Act is designed to achieve these goals with several modest,
common-sense reforms.
First, it will allow the reinstatement of three motorized portages to
assist in transporting boats between five lakes in the boundary waters
region.
Prior to their closing in 1993, these portages were essential in
transporting many of the elderly and disabled between motorized lakes
in the BWCAW.
Because of the successful efforts of environmental extremists to
close down the portages, these Minnesotans have found themselves
unfairly shut out from the boundary waters because of their age or
disability. Under my legislation, such discrimination will no longer be
tolerated.
By reopening the portages, my bill will ensure that the boundary
waters will be there for the enjoyment of all who visit, not just the
young and strong.
Second, it will create a new Planning and Management Council charged
with developing and monitoring a comprehensive management plan. This
management council will consist of 11 members appointed by the
Secretary of Agriculture and will include representatives from Federal,
State, local, and tribal governments.

The management council will be authorized to create advisory councils
made up of individuals representing civic, business, conservation,
sportsperson, and citizen organizations.
All council meetings will be open to the public, who will be given
opportunities to provide comment on agenda items. Minutes will be
recorded at all meetings and made available for public inspection.

[[Page S4866]]

Under my legislation, public input will no longer be ignored--in
fact, it will be encouraged as part of the management process.
Finally, my legislation will prohibit the Forest Service from issuing
any additional regulations regarding the BWCAW between enactment of the
bill and final approval of the management plan, except in cases of
routine administration, law enforcement need, and emergencies.
All in all, the bill I introduce today is a modest and reasonable
attempt to give back to the people one of their most basic rights: the
freedom to enjoy our natural resources responsibly.
It comes as the result of two public field hearings in Minnesota, 9
hours of public testimony from 32 witnesses from Minnesota, and pages
of documents, data, and public feedback.
It will increase public input and participation in the management of
the boundary waters, creating a partnership between the Government and
the people of Minnesota. And it will ensure the protection of this
national treasure for generations to come.
This legislation has been a long time coming. For nearly 20 years,
the people of Minnesota have waited patiently for the Federal
Government to act on their behalf. They should not have to wait any
longer. We must move expeditiously to ensure that their rights--as
prescribed within this measure--are no longer held hostage by
overzealous regulators and administrators from Washington.
The people of northern Minnesota deserve to finally have their voices
heard in the Halls of Congress. Today, we take that first step.
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. 1738

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 ``Boundary Waters Canoe Area
Wilderness Accessibility and Partnership Act of 1996''.

SEC. 2. FINDINGS.

Congress finds that--
(1) the Boundary Waters Canoe Area Wilderness, located
amidst the scenic splendor of the Minnesota-Ontario border,
is and always will be a unique lakeland-based Federal
wilderness unit that serves as 1 of the Nation's great
natural ecosystems;
(2) the Boundary Waters Canoe Area Wilderness is a special
wilderness area dedicated to appropriate public access and
use through recognized motorized and nonmotorized
recreational activities under protections and commitments in
the Wilderness Act (16 U.S.C. 1131 et seq.) and Public Law
95-495 (92 Stat. 1649);
(3) intergovernmental cooperation that respects and
emphasizes the role of State, local, and tribal governments
in land management decisionmaking processes is essential to
optimize the preservation and development of social,
historical, cultural, and recreational resources; and
(4) the national interest is served by--
(A) improving the management and protection of the Boundary
Waters Canoe Area Wilderness;
(B) allowing Federal, State, local, and tribal governments
to engage in an innovative management partnership in Federal
land management decisionmaking processes; and
(C) ensuring adequate public access, enjoyment, and use of
the Boundary Waters Canoe Area Wilderness through
nonmotorized and limited motorized means.

SEC. 3. MANAGEMENT CHANGES.

(a) Use of Motorboats.--
(1) Lac la croix.--Section 4(c)(1) of Public Law 95-495 (92
Stat. 1650; 16 U.S.C. 1132 note) is amended by inserting
``Lac La Croix, Saint Louis County;'' after ``Saint Louis
County;''.
(2) Basswood, birch, and saganaga lakes.--Section 4(c) of
Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) is
amended--
(A) in paragraph (1)--
(i) by striking ``except that portion generally'' and all
that follows through ``Washington Island'' and inserting
``Lake County; Birch, Lake County''; and
(ii) by striking ``, except for that portion west of
American Point''; and
(B) by striking paragraph (4).
(3) Sea gull lake.--Section 4(c) of Public Law 95-495 (92
Stat. 1650; 16 U.S.C. 1132 note) is amended--
(A) in paragraph (2), by striking ``that portion generally
east of Threemile Island,''; and
(B) in paragraph (3), by striking ``Sea Gull, Cook County,
that portion generally west of Threemile Island, until
January 1, 1999;''.
(b) Definition of Guest.--The second proviso of section
4(f) of Public Law 95-495 (92 Stat. 1651; 16 U.S.C. 1132
note) is amended--
(1) by inserting ``day and overnight'' after ``lake
homeowners and their'';
(2) by inserting ``who buy or rent goods and services''
after ``resort owners and their guests''; and
(3) by inserting ``or chain of lakes'' after ``shall have
access to that particular lake''.
(c) Motorized Portages.--Section 4 of Public Law 95-495 (92
Stat. 1651; 16 U.S.C. 1132 note) is amended by striking
subsection (g) and inserting the following:
``(g) Motorized Portages.--Nothing in this Act shall
prevent the operation of motorized vehicles and associated
equipment to assist in the transport of a boat across the
portages from the Moose Lake chain to Basswood Lake, from
Fall Lake to Basswood Lake, and from Lake Vermilion to Trout
Lake.''.

SEC. 4. PLANNING AND MANAGEMENT COUNCIL.

Section 4 of Public Law 95-495 (92 Stat. 1650; 16 U.S.C.
1132 note) is amended by adding at the end the following:
``(j) Planning and Management Council.--
``(1) Establishment.--There is established the Boundary
Waters Canoe Area Wilderness Intergovernmental Council
(referred to in this Act as the `Council').
``(2) Duties of the council.--The Council shall develop and
monitor a comprehensive management plan for the wilderness in
accordance with section 20.
``(3) Membership.--The Council shall be composed of 11
members, appointed by the Secretary, of whom--
``(A) 1 member shall be the Under Secretary for Natural
Resources and Environment of the Department of Agriculture,
or a designee;
``(B) 3 members shall be appointed, from recommendations by
the Governor of Minnesota, to represent the Department of
Natural Resources, the Office of Tourism, and the
Environmental Quality Board, of the State of Minnesota;
``(C) 1 member shall be a commissioner from each of the
counties of Lake, Cook, and Saint Louis from recommendations
by each of the county board of commissioners;
``(D) 1 member shall be an elected official from the
Northern Counties Land-Use Coordinating Board from
recommendations by the Board;
``(E) 1 member shall be the State senator who represents
the legislative district that contains a portion of the
wilderness;
``(F) 1 member shall be the State representative who
represents the legislative district that contains a portion
of the wilderness; and
``(G) 1 member shall be an elected official of the Native
American community to represent the 1854 Treaty Authority,
from recommendations of the Authority.
``(4) Advisory councils.--
``(A) In general.--The Council may establish 1 or more
advisory councils for consultation, including councils
consisting of members of conservation, sportsperson,
business, professional, civic, and citizen organizations.
``(B) Funding.--An advisory council established under
subparagraph (A) may not receive any amounts made available
to carry out this Act.
``(5) Quorum.--A majority of the members of the Council
shall constitute a quorum.
``(6) Chairperson.--
``(A) Election.--The members of the Council shall elect a
chairperson of the Council from among the members of the
Council.
``(B) Terms.--The chairperson shall serve not more than 2
terms of 2 years each.
``(7) Meetings.--The Council shall meet at the call of the
chairperson or a majority of the members of the Council.
``(8) Staff and services.--
``(A) Staff of the council.--The Council may appoint and
fix the compensation of such staff as the Council considers
necessary to carry out this Act.
``(B) Procurement of temporary services.--The Council may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
``(C) Administrative support services.--The Administrator
of General Services shall provide to the Council, on a
reimbursable basis, such administrative support services as
the Council requests.
``(D) Provision by the secretary.--On a request by the
Council, the Secretary shall provide personnel, information,
and services to the Council to carry out this Act.
``(E) Provision by other federal departments and
agencies.--A Federal agency shall provide to the Council, on
a reimbursable basis, such information and services as the
Council requests.
``(F) Provision by the governor.--The Governor of Minnesota
may provide to the Council, on a reimbursable basis, such
personnel and information as the Council may request.
``(G) Subpoenas.--The Council may not issue a subpoena nor
exercise any subpoena authority.
``(9) Procedural matters.--
``(A) Guidelines for conduct of business.--The following
guidelines apply with respect to the conduct of business at
meetings of the Council:
``(i) Open meetings.--Each meeting shall be open to the
public.
``(ii) Public notice.--Timely public notice of each
meeting, including the time, place, and agenda of the
meeting, shall be published in local newspapers and such
notice may be given by such other means as will result in
wide publicity.
``(iii) Public participation.--Interested persons shall be
permitted to give oral or written statements regarding the
matters on the agenda at meetings.

[[Page S4867]]

``(iv) Minutes.--Minutes of each meeting shall be kept and
shall contain a record of the persons present, an accurate
description of all proceedings and matters discussed and
conclusions reached, and copies of all statements filed.
``(v) Public inspection of record.--The administrative
record, including minutes required under clause (iv), of each
meeting, and records or other documents that were made
available to or prepared for or by the Council incident to
the meeting, shall be available for public inspection and
copying at a single location.
``(B) New information.--At any time when the Council
determines it appropriate to consider new information from a
Federal or State agency or from a Council advisory body, the
Council shall give full consideration to new information
offered at that time by interested members of the public.
Interested parties shall have a reasonable opportunity to
respond to new data or information before the Council takes
final action on management measures.
``(10) Compensation.--
``(A) In general.--A member of the Council who is not an
officer or employee of the Federal government shall serve
without pay.
``(B) Travel expenses.--While away from the home or regular
place of business of the member in the performance of
services for the Council, a member of the Council shall be
allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in Federal Government service are allowed
expenses under section 5703 of title 5, United States Code.
``(11) Funding.--Of amounts appropriated to the Forest
Service for a fiscal year, the Secretary shall make available
such amounts as the Council shall request, not to exceed
$150,000 for the fiscal year.
``(12) Termination of council.--The Council shall terminate
on the date that is 10 years after the date of enactment of
this subsection.''.

SEC. 5. MANAGEMENT PLAN.

Section 20 of Public Law 95-495 (92 Stat. 1659; 16 U.S.C.
1132 note) is amended to read as follows:

``SEC. 20. MANAGEMENT PLAN.

``(a) Schedule.--
``(1) In general.--Not later than 3 years after the date of
enactment of this subsection, the Council shall submit to the
Secretary and the Governor of Minnesota a comprehensive
management plan (referred to in this section as the `plan')
for the Boundary Waters Canoe Area Wilderness, to be
developed and implemented by the responsible Federal
agencies, the State of Minnesota, and local political
subdivisions.
``(2) Preliminary report.--Not later than 1 year after the
date of the first meeting of the Council, the Council shall
submit a preliminary report to the Secretary describing the
process to be used to develop the plan.
``(b) Development of Plan.--
``(1) In general.--In developing the plan, the Council
shall examine all relevant issues, including--
``(A) year-round visitation consistent with the use levels
established under this Act, including--
``(i) reform and simplification of the current day use and
overnight use permit system;
``(ii) resolving discrepancies between actual permit use
and absences; and
``(iii) defining the need for special permit policies for
commercial uses;
``(B) the appropriate distribution of visitors in the
wilderness; and
``(C) a comprehensive visitor education program.
``(2) Conditions.--In carrying out subparagraphs (A)
through (C) of paragraph (1), the Council shall--
``(A) be subject to relevant environmental law;
``(B) consult on a regular basis with appropriate officials
of each Federal or State agency or local government that has
jurisdiction over land or water in the wilderness;
``(C) consult with interested conservation, sportsperson,
business, professional, civic, and citizen organizations; and
``(D) conduct public meetings at appropriate places to
provide interested persons the opportunity to comment on
matters to be addressed by the plan.
``(3) Prohibited considerations.--The Council may not
consider--
``(A) removing wilderness designation;
``(B) allowing mining, logging, or commercial or
residential development; or
``(C) allowing new types of motorized uses in the
wilderness, except as provided in this Act.
``(c) Approval of Plan.--
``(1) Submission to secretary and governor.--The Council
shall submit the plan to the Secretary and the Governor of
Minnesota for review.
``(2) Approval or disapproval by the secretary.--
``(A) Review by the governor.--The Governor may comment on
the plan not later than 60 days after receipt of the plan
from the Council.
``(B) Secretary.--
``(i) In general.--The Secretary shall approve or
disapprove the plan not later than 90 days after receipt of
the plan from the Council.
``(ii) Criteria for review.--In reviewing the plan, the
Secretary shall consider--

``(I) the adequacy of public participation;
``(II) assurances of plan implementation from State and
local officials in Minnesota;
``(III) the adequacy of regulatory and financial tools that
are in place to implement the plan;
``(IV) provisions of the plan for continuing oversight by
the Council of implementation of the plan; and
``(V) the consistency of the plan with Federal law.

``(iii) Notification of disapproval.--If the Secretary
disapproves the plan, the Secretary shall, not later than 30
days after the date of disapproval, notify the Council in
writing of the reasons for the disapproval and provide
recommendations for revision of the plan.
``(C) Revision and resubmission.--Not later than 60 days
after receipt of a notice of disapproval under subparagraph
(B) or (D), the Council shall revise and resubmit the plan to
the Secretary for review.
``(D) Approval or disapproval of revision.--The Secretary
shall approve or disapprove a plan submitted under
subparagraph (C) not later than 30 days after receipt of the
plan from the Council.
``(d) Review and Modification of Implementation of Plan.--
The Council--
``(1) shall review and monitor the implementation of the
plan; and
``(2) may, after providing for public comment and after
approval by the Secretary, modify the plan, if the Council
and the Secretary determine that the modification is
necessary to carry out this Act.
``(e) Interim Program.--Before the approval of the plan,
the Council shall advise and cooperate with appropriate
Federal, State, local, and tribal governmental entities to
minimize adverse impacts on the values described in section
2.
``(f) Forest Service Regulations.--During the period
beginning on the date of enactment of this subsection and
ending on the date a management plan is approved by the
Secretary under subsection (c)(2), the Secretary may not
issue any regulation that relates to the Boundary Waters
Canoe Area Wilderness, except for--
``(1) regulations required for routine business, such as
issuing permits, visitor education, maintenance, and law
enforcement; and
``(2) emergency regulations.
``(g) State and Local Jurisdiction.--Nothing in this Act
diminishes, enlarges, or modifies any right of the State of
Minnesota or any political subdivision of the State to--
``(1) exercise civil and criminal jurisdiction;
``(2) carry out State fish and wildlife laws in the
wilderness; or
``(3) tax persons, corporations, franchises, or private
property on land and water included in the wilderness.''.
______

By Mr. DOLE (for himself, Mr. Roth, Mr. Gramm, Mr. Grassley, Mr.
Simpson, Mr. Pressler, Mr. Nickles, Mr. Bennett, Mr. Bond, Mr.
Faircloth, Mr. Grams, Mr. Gregg, Mr. Kempthorne, Mr. Kyl, Mr.
Lott, Mr. Mack, Mr. McCain, Mr. McConnell, Mr. Smith, Ms.
Snowe, Mr. Specter, Mr. Stevens, Mr. Thomas, Mr. Thurmond, and
Mr. Warner):
S. 1739. A bill to amend the Internal Revenue Code of 1986 to repeal
the 4.3-cent increase in the transportation motor fuels excise tax
rates enacted by the Omnibus Budget Reconciliation Act of 1993 and
dedicated to the general fund of the Treasury; to the Committee on
Finance.

GAS TAX REPEAL LEGISLATION

Mr. DOLE. Mr. President, I rise today to introduce a bill that
repeals the 4.3-cent gas tax increase imposed by President Clinton in
his 1993 tax bill--a $265 billion increase--the largest in history.
I am confident that this legislation would pass immediately, and by a
wide margin, if my Democratic colleagues would remove their objection
to a vote.
As we all know, gas prices are at their highest level since the gulf
war. This bill will provide much-needed tax relief to American
travelers. I am happy to be joined by more than 20 of my colleagues who
are cosponsoring this legislation to repeal the gas tax hike.
The 1993 tax increase raised fuel taxes on all modes of
transportation by 4.3 cents per gallon. This tax increase was not
dedicated to the highway trust fund to maintain and to improve our
Nation's highways, roads, and bridges. Rather it was used to fund a
larger and more pervasive Federal Government.
President Clinton and his Democratic colleagues would rather tax more
and spend more than cut wasteful government spending. In 1993, they
raised income, estate, and Social Security taxes. This $265 billion tax
increase passed without a single Republican vote in either the House or
the Senate.
And their taxes particularly hurt working Americans, making it harder
for them to make ends meet. As we repeal the gas tax hike, 60 percent
of the

[[Page S4868]]

tax relief would go to Americans making less than $50,000 a year--
almost half of the total relief would be for families making less than
$40,000 a year.
These drivers probably didn't feel rich when the President increased
their taxes in 1993, but they will certainly be better off when we
repeal the tax hike.
I also would note that if the President had his way, gas prices would
be rising yet again--by another 2.5 cents per gallon tax that would
have begun on July 1, 1996--the last installment of a 7.5-cent-per-
gallon tax that was part of his overall energy tax increase proposal.
Republicans fought against that increase and this bill will remove the
last vestige of the 1993 gas tax increase.
This legislation does not increase the budget deficit. It is paid for
by reductions in the Department of Energy administrative overhead
account, which includes the Secretary's travel budget. These Energy
Department cost savings were proposed by the President in his latest
budget. The bill also calls for a limited auction of Federal
communications spectrum. Together, these offsets raise the $2.9 billion
necessary to fund the repeal through 1996. I will work for a long-term
repeal in the context of our efforts to eliminate the Federal budget
deficit.
Repealing the 1993 gas tax is the fastest and surest way to lower gas
prices. It will provide immediate relief--especially to American
families who drive to their summer vacations.
The bill provides for an immediate tax credit for service station
owners and others that purchase gas for resale to customers. This way
they can pass the savings on to their customers as they have told us
they will.
I urge my colleagues to support this effort.
Mr. President, I ask unanimous consent that the bill and additional
material be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 1739

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

SECTION 1. PURPOSE.

The purpose of this Act is to repeal the 4.3-cent increase
in the transportation motor fuels excise tax rates enacted by
the Omnibus Budget Reconciliation Act of 1993 and dedicated
to the general fund of the Treasury.

SEC. 2. REPEAL OF 4.3-CENT INCREASE IN FUEL TAX RATES ENACTED
BY THE OMNIBUS BUDGET RECONCILIATION ACT OF
1993 AND DEDICATED TO GENERAL FUND OF THE
TREASURY.

(a) In General.--Section 4081 of the Internal Revenue Code
of 1986 (relating to imposition of tax on gasoline and diesel
fuel) is amended by adding at the end the following new
subsection:
``(f) Repeal of 4.3-Cent Increase in Fuel Tax Rates Enacted
by the Omnibus Budget Reconciliation Act of 1993 and
Dedicated to General Fund of the Treasury.--
``(1) In general.--During the applicable period, each rate
of tax referred to in paragraph (2) shall be reduced by 4.3
cents per gallon.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) subsection (a)(2)(A) (relating to gasoline and diesel
fuel),
``(B) sections 4091(b)(3)(A) and 4092(b)(2) (relating to
aviation fuel),
``(C) section 4042(b)(2)(C) (relating to fuel used on
inland waterways),
``(D) paragraph (1) or (2) of section 4041(a) (relating to
diesel fuel and special fuels),
``(E) section 4041(c)(2) (relating to gasoline used in
noncommercial aviation), and
``(F) section 4041(m)(1)(A)(i) (relating to certain
methanol or ethanol fuels).
``(3) Comparable treatment for compressed natural gas.--No
tax shall be imposed by section 4041(a)(3) on any sale or use
during the applicable period.
``(4) Comparable treatment under certain refund rules.--In
the case of fuel on which tax is imposed during the
applicable period, each of the rates specified in sections
6421(f)(2)(B), 6421(f)(3)(B)(ii), 6427(b)(2)(A),
6427(l)(3)(B)(ii), and 6427(l)(4)(B) shall be reduced by 4.3
cents per gallon.
``(5) Coordination with highway trust fund deposits.--In
the case of fuel on which tax is imposed during the
applicable period, each of the rates specified in
subparagraphs (A)(i) and (C)(i) of section 9503(f)(3) shall
be reduced by 4.3 cents per gallon.
``(6) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period after the 6th
day after the date of the enactment of this subsection and
before January 1, 1997.''
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.

SEC. 3. FLOOR STOCK REFUNDS.

(a) In General.--If--
(1) before the tax repeal date, tax has been imposed under
section 4081 or 4091 of the Internal Revenue Code of 1986 on
any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,

there shall be credited or refunded (without interest) to the
person who paid such tax (hereafter in this section referred
to as the ``taxpayer'') an amount equal to the excess of the
tax paid by the taxpayer over the amount of such tax which
would be imposed on such liquid had the taxable event
occurred on such date.
(b) Time For Filing Claims.--No credit or refund shall be
allowed or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the tax
repeal date, and
(2) in any case where liquid is held by a dealer (other
than the taxpayer) on the tax repeal date--
(A) the dealer submits a request for refund or credit to
the taxpayer before the date which is 3 months after the tax
repeal date, and
(B) the taxpayer has repaid or agreed to repay the amount
so claimed to such dealer or has obtained the written consent
of such dealer to the allowance of the credit or the making
of the refund.
(c) Exception for Fuel Held in Retail Stocks.--No credit or
refund shall be allowed under this section with respect to
any liquid in retail stocks held at the place where intended
to be sold at retail.
(d) Definitions.--For purposes of this section--
(1) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of
such Code; except that the term ``dealer'' includes a
producer, and
(2) the term ``tax repeal date'' means the 7th day after
the date of the enactment of this Act.
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall
apply for purposes of this section.

SEC. 4. FLOOR STOCKS TAX.

(a) Imposition of Tax.--In the case of any liquid on which
tax was imposed under section 4081 or 4091 of the Internal
Revenue Code of 1986 before January 1, 1997, and which is
held on such date by any person, there is hereby imposed a
floor stocks tax of 4.3 cents per gallon.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on
January 1, 1997, to which the tax imposed by subsection (a)
applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall
prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before June 30, 1997.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such
person (whether or not delivery to the person has been made).
(2) Gasoline and diesel fuel.--The terms ``gasoline'' and
``diesel fuel'' have the respective meanings given such terms
by section 4083 of such Code.
(3) Aviation fuel.--The term ``aviation fuel'' has the
meaning given such term by section 4093 of such Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or his delegate.
(d) Exception for Exempt Uses.--The tax imposed by
subsection (a) shall not apply to gasoline, diesel fuel, or
aviation fuel held by any person exclusively for any use to
the extent a credit or refund of the tax imposed by section
4081 or 4091 of such Code is allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall
be imposed by subsection (a) on gasoline or diesel fuel held
in the tank of a motor vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline held on January 1, 1997, by any person if
the aggregate amount of gasoline held by such person on such
date does not exceed 4,000 gallons, and
(B) on diesel fuel or aviation fuel held on such date by
any person if the aggregate amount of diesel fuel or aviation
fuel held by such person on such date does not exceed 2,000
gallons.

The preceding sentence shall apply only if such person
submits to the Secretary (at the time and in the manner
required by the Secretary) such information as the Secretary
shall require for purposes of this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a controlled group
shall be treated as 1 person.
(ii) Controlled group.--The term ``controlled group'' has
the meaning given to such term by subsection (a) of section
1563 of such Code; except that for such purposes the

[[Page S4869]]

phrase ``more than 50 percent'' shall be substituted for the
phrase ``at least 80 percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--Under
regulations prescribed by the Secretary, principles similar
to the principles of subparagraph (A) shall apply to a group
of persons under common control where 1 or more of such
persons is not a corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by
section 4081 of such Code in the case of gasoline and diesel
fuel and section 4091 of such Code in the case of aviation
fuel shall, insofar as applicable and not inconsistent with
the provisions of this subsection, apply with respect to the
floor stock taxes imposed by subsection (a) to the same
extent as if such taxes were imposed by such section 4081 or
4091.

SEC. 5. BENEFITS OF TAX REPEAL SHOULD BE PASSED ON TO
CONSUMERS.

(a) Passthrough to Consumers.--
(1) Sense of Congress.--It is the sense of Congress that--
(A) consumers immediately receive the benefit of the repeal
of the 4.3-cent increase in the transportation motor fuels
excise tax rates enacted by the Omnibus Budget Reconciliation
Act of 1993, and
(B) transportation motor fuels producers and other dealers
take such actions as necessary to reduce transportation motor
fuels prices to reflect the repeal of such tax increase,
including immediate credits to customer accounts representing
tax refunds allowed as credits against excise tax deposit
payments under the floor stocks refund provisions of this
Act.
(2) Study.--
(A) In general.--The Comptroller General of the United
States shall conduct a study of the repeal of the 4.3-cent
increase in the fuel tax imposed by the Omnibus Budget
Reconciliation of 1993 to determine whether there has been a
passthrough of such repeal.
(B) Report.--Not later than January 31, 1997, the
Comptroller General of the United States shall report to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives the results of the
study conducted under subparagraph (A).

SEC. . AUTHORIZATION OF APPROPRIATIONS FOR EXPENSES OF
ADMINISTRATION OF THE DEPARTMENT OF ENERGY.

Section 660 of the Department of energy Organization Act
(42 U.S.C. 7270) is amended--
(1) by inserting ``(a) In General.--'' before
``Appropriations''; and
(2) by adding at the end the following:
``(b) Fiscal Years 1997 Through 2002.--There are authorized
to be appropriated for salaries and expenses of the
Department of Energy for departmental administration and
other activities in carrying out the purposes of this Act--
``(1) $104,000,000 for fiscal year 1997;
``(2) $104,000,000 for fiscal year 1998;
``(3) $100,000,000 for fiscal year 1999;
``(4) $90,000,000 for fiscal year 2000;
``(5) $90,000,000 for fiscal year 2001; and
``(6) $90,000,000,000 for fiscal year 2002.''.

SPECTRUM AUCTION

SEC. . SPECTRUM AUCTIONS.

(a) Commission Obligation To Make Additional Spectrum
Available by Auction.--
(1) In general.--the Federal communications Commission
shall complete all actions necessary to permit the
assignment, by March 31, 1998, by competitive bidding
pursuant to section 309(j)) of licenses for the use of bands
of frequencies that--
(A) individually span not less than 12.5 megahertz, unless
a combination of smaller bands can, notwithstanding the
provisions of paragraph (7) of such section, reasonably be
expected to produce greater receipts;
(B) in the aggregate span not less than 25 megahertz;
(C) are located below 3 gigahertz; and
(D) have not, as of the date of enactment of this Act--
(i) been assigned or designated by Commission regulation
for assignment pursuant to such section;
(ii) been identified by the Secretary of Commerce pursuant
to section 113 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923);
or
(iii) reserved for Federal Government use pursuant to
section 305 of the Communications Act of 1934 (47 U.S.C.
305).
(2) Criteria for reassignment.--In making available bands
of frequencies for competitive bidding pursuant to paragraph
(1), the Commission shall--
(A) seek to promote the most efficient use of the spectrum;
(B) take into account the cost to incumbent licensees of
relocating existing uses to other bands of frequencies or
other means of communication;
(C) take into account the needs of public safety radio
services;
(D) comply with the requirements of international
agreements concerning spectrum allocations; and
(E) take into account the costs to satellite service
providers that could result from multiple auctions of like
spectrum internationally for global satellite systems.
(b) Federal Communications Commission May Not Treat This
Section as Congressional Action for Certain Purposes.--The
Federal Communication Commission may not treat the enactment
of this Act or the inclusion of this section in this Act as
an expression of the intent of Congress with respect to the
award of initial licenses of construction permits for
Advanced Television Services, as described by the Commission
in its letter of February 1, 1996, to the Chairman of the
Senate Committee on Commerce, Science, and Transportation.
____

Technical Explanation of S. 1739

1. Repeal of Transportation Motor Fuels Excise Tax

present law

The Omnibus Budget Reconciliation Act of 1993 imposed a
permanent 4.3-cents-per-gallon excise tax on transportation
motor fuels. Revenues from this tax are retained in the
General Fund of the Treasury. This excise tax applies to
fuels used in all transportation sectors: highway, aviation,
rail, inland waterway shipping, and recreational boating. All
fuels used in those transportation sectors (gasoline, diesel
fuel, special motor fuels, compressed natural gas, jet fuel,
and barge fuel) are subject to tax.
Statutorily, the 4.3-cents-per-gallon transportation motor
fuels excise tax is imposed as an additional component of the
rates of other motor fuels excise taxes.\1\ Those other
excise taxes typically are imposed as a financing source for
Federal environmental and public works programs administered
through Federal trust funds. The other excise taxes have
scheduled expiration dates, which generally coincide with
expiration of authorizing legislation for those Federal
programs.
---------------------------------------------------------------------------
\1\ Because compressed natural gas (``CNG'') is a gaseous
fuel rather than a liquid, the rate of tax is stated as 48.54
cents per MCF, which was the statutory equivalent for CNG of
the 4.3-cents-per-gallon tax rate enacted in 1993. The 48.54-
cents-per-gallon rate is the only excise tax imposed on CNG.
---------------------------------------------------------------------------

explanation of provision

The bill would repeal the 4.3-cents-per-gallon General Fund
transportation motor fuels excise tax on fuel used in all
transportation sectors currently subject to the tax during
the period beginning seven days after enactment and ending
after December 31, 1996. Statutorily this is accomplished by
reducing the aggregate tax rate that otherwise would be
imposed by 4.3 cents per gallon, or removing the denial of an
exemption. The bill does not affect any of the motor fuels
excise taxes that are dedicated funding sources for Federal
environmental or public works trust fund programs.
Because the 4.3-cents-per-gallon transportation motor fuels
excise tax (along with other applicable excise taxes on the
same motor fuels) is imposed on certain motor fuels before
the fuels reach the consumer level, the bill includes rules
comparable to present-law ``floor stocks refund'' provisions
that allow refunds to producers and dealers for fuel held for
sale on the effective date of the tax reduction when the
excise tax already has been paid. These refunds must be
claimed by persons liable for payment of the tax, based on
amounts of tax-paid fuel they own on the tax-reduction date
and on documented claims from dealers that purchased tax-paid
fuel from them and hold the fuel for sale on the tax-
reduction date. These refunds are intended to be allowable
either as refund claims filed with the Internal Revenue
Service or as credits against required deposits and payments
of other excise taxes owed by the claimants.
The bill further would impose floor stocks taxes, identical
to those imposed in 1993, on taxable fuels held on January 1,
1997, when the tax-reduction period expires.

effective date

These provisions of the bill would be effective on the date
of enactment for taxable fuels removed, entered, sold or used
more than six days after that date and before January 1,
1997.
2. Sense of the Congress on Benefit to Ultimate Consumers
The bill includes a statement that it is the Sense of the
Congress that the full benefit of repeal of the 4.3-cents-
per-gallon transportation motor fuels excise tax be flowed
through to consumers, and that persons receiving floor stocks
refunds from the Internal Revenue Service immediately credit
their customers' accounts to reflect those refunds.
3. Study
The bill directs the General Accounting Office to study the
impact of repeal of the 4.3-cents-per-gallon transportation
motor fuels excise tax and to report its findings to the
Congress no later than January 31, 1997.
______

By Mr. NICKLES (for himself and Mr. Dole):
S. 1740. A bill to define and protect the institution of marriage; to
the Committee on the Judiciary.

THE DEFENSE OF MARRIAGE ACT

Mr. NICKLES. Mr. President, today I am introducing a bill
called the Defense of Marriage Act. It is a simple measure, limited in
scope and based on common sense. It does just two things.
The Defense of Marriage Act defines the words ``marriage'' and
``spouse'' for purposes of Federal law and allows each State to decide
for itself with respect to same-sex marriages.
Most Americans will have a hard time understanding how our country
has come to the point where such simple and traditional terms as
``marriage'' and ``spouse'' need to be defined

[[Page S4870]]

in Federal law. But under challenge from courts, lawsuits and an
erosion of values, we find ourselves at the point today that this
legislation is needed.
This bill says that marriage is the legal union between one man and
one woman as husband and wife, and spouse is a husband or wife of the
opposite sex. There is nothing earth-shattering there. No breaking of
new ground. No setting of new precedents. No revocation of rights.
Indeed, these provisions simply reaffirm what is already known, what
is already in place, and what is already in practice from a policy
perspective. This legislation seems quite unexciting yet it may still
draw criticism. I do hope everyone will read and understand the scope
of the legislation before drawing any conclusions.
The definitions are based on common understandings rooted in our
Nation's history, our statutes and our case law. They merely reaffirm
what Americans have meant for 200 years when using the words
``marriage'' and ``spouse.'' The current United States Code does not
contain a definition of marriage, presumably because most Americans
know what it means and never imagined challenges such as those we are
facing today.
This bill does not change State law, but allows each State to decide
for itself with respect to same-sex marriage. It does this by
exercising Congress's powers under the Constitution to legislate with
respect to the full faith and credit clause. It provides that no State
shall be required to give effect to any public act of any other State
respecting a relationship between persons of the same sex that is
treated as a marriage under the laws of such other State.
The Defense of Marriage Act is necessary for several reasons.
In May 1993, the Hawaii Supreme Court rendered a preliminary ruling
in favor of three same-sex couples applying for marriage licenses. The
court said the marriage law was discriminatory and violated their
rights under the equal-rights clause of the State constitution.
Many States are concerned that another State's recognition of same-
sex marriages will compromise their own law prohibiting such marriages.
According to a March 11, 1996, Washington Times article, ``legislators
in 24 States have introduced bills to deny recognition of same-sex
marriage. Two States--Utah and South Dakota--have already approved such
laws, and 17 other states are now grappling with the issue--including
Hawaii, where legislative leaders are fighting to block their own
supreme court from sanctioning such marriages.'' Several other States
have passed such laws since this article was written. This bill would
address this issue head on and allow States to make the final
determination concerning same-sex marriages without other States' law
interfering.
Another reason this bill is needed now, concerns Federal benefits.
The Federal Government extends benefits, rights, and privileges to
persons who are married, and generally accepts a State's definition of
marriage. This bill will help the Federal Government defend its own
traditional and common-sense definitions of ``marriage'' and
``spouse.'' If, for example, Hawaii gives new meaning to the words
``marriage'' and ``spouse,'' the reverberations may be felt throughout
the Federal Code unless this bill is enacted.
Another example of why we need a Federal definition of the terms
``marriage'' and ``spouse'' stems from experience during debate on the
Family and Medical Leave Act of 1993. Shortly before passage of this
act, I attached an amendment that defined ``spouse'' as ``a husband or
wife, as the case may be.'' When the Secretary of Labor published his
proposed regulations, a considerable number of comments were received
urging that the definition of ``spouse'' be ``broadened to include
domestic partners in committed relationships, including same-sex
relationships.'' When the Secretary issued the final rules he stated
that the definition of ``spouse'' and the legislative history precluded
such a broadening of the definition. This amendment, which was
unanimously adopted, spared a great deal of costly and unnecessary
litigation over the definition of spouse.
These are just a few reasons for why we need to enact the Defense of
Marriage Act. Enactment of this bill will allow States to give full and
fair consideration of how they wish to address the issue of same-sex
marriages instead of rushing to legislate because of fear that another
State's laws may be imposed upon them. It also will eliminate legal
uncertainty concerning Federal benefits, and make it clear what is
meant when the words ``marriage'' and ``spouse'' are used in the
Federal Code.
This effort hardly seems to be news as it reaffirms current practice
and policy, but surely somehow, somewhere given today's climate, it
will be. I believe the fact that it will be news--that some may even
consider this legislation controversial--should make the average
American stop and take stock of where we are as a country and where we
want to go. Apathy and indifference among the American people is one of
the great threats to our Nation's future.
This legislation is important. It is about the defense of marriage as
an institution and as the backbone of the American family. I urge my
colleagues and fellow Americans to join me in support of the Defense of
Marriage Act.
I ask unanimous consent that the following two factsheets be included
in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

The Defense of Marriage Act

The Defense of Marriage Act (DOMA) is short, and it does
just two things:
It provides that no State shall be required to give effect
to a law of any other State with respect to a same-sex
``marriage''.
It defines the words ``marriage'' and ``spouse'' for
purposes of Federal law.
Section 1 of the bill gives its title, the ``Defense of
Marriage Act''.
Section 2 allows each State (or other political
jurisdiction) to decide for itself with respect to same-sex
``marriage''. Section 2 of the bill will add a new section to
Title 28, United States Code, as follows:
``Sec. 1738C. Certain acts, records, and proceedings and
the effect thereof
``No State, territory, or possession of the United States,
or Indian tribe, shall be required to give effect to any
public act, record, or judicial proceeding of any other
State, territory, possession, or tribe respecting a
relationship between persons of the same sex that is treated
as a marriage under the laws of such other State, territory,
possession, or tribe, or a right or claim arising from such
relationship.''
This section of the bill is an exercise of Congress' powers
under the ``Effect'' clause of Article IV, section 1 of the
Constitution, which reads, ``Full Faith and Credit shall be
given in each State to the public Acts, Records, and judicial
Proceedings of every other State. And the Congress may be
general Laws prescribe the Manner in which such Acts, Records
and Proceedings shall be proved, and the Effect thereof.''
[Emphasis added.]
Precedents. Congress has legislated before with respect to
full faith and credit. The general provisions, 28 U.S.C.
Sec. Sec. 1738 & 1739, go back to the earliest days of the
Republic. Act of May 26, 1790, 1 Statutes at Large, chap. XI.
More recently, Congress has reinvigorated its powers under
Article IV of the Constitution by enacting--
The Parental Kidnaping Prevention Act of 1980, Public Law
96-611, 94 Stat. 3569, codified at 28 U.S.C. Sec. 1738A (each
State required to enforce child custody determinations made
by home State if made consistently with the provisions of the
Act);
The Full Faith and Credit for Child Support Orders Act [of
1994], Pub. L. 103-383, 108 Stat. 4064, codified at 28 U.S.C.
Sec. 1738B (each State required to enforce child support
orders made by the child's State if made consistently with
the provisions of the Act); and
The Safe Homes for Women Act of 1994, Pub. L. 103-322,
title IV, Sec. 40221(a), 108 Stat. 1930, codified at 18
U.S.C. Sec. 2265 (full faith and credit to be given to
protective orders issued against a spouse or intimate partner
with respect to domestic violence).
Section 3 contains definitions. It will amend Chapter 1 of
Title 1 of the United States Code by adding the following new
section:
``Sec. 7. Definition of `marriage' and `spouse'
``In determining the meaning of any Act of Congress, or of
any ruling, regulation, or interpretation of the various
administrative bureaus and agencies of the United States, the
word `marriage' means only a legal union between one man and
one woman as husband and wife, and the word `spouse' refers
only to a person of the opposite sex who is a husband or a
wife.''
Section 3 merely restates the current understanding. The
text reaffirms what Congress and the executive agencies have
meant for 200 years when using the words ``marriage'' and
``spouse''--a marriage is the legal union of a man and a
woman as husband and wife, and a spouse is a husband or wife
of the opposite sex.
Most of section 3 borrows directly from the current United
States Code. The introductory phrases are taken from sections
1 and 6 of Title 1, and the definition of spouse is taken
from paragraph 31 of section 101, Title 31. The current Code
does not contain a definition of marriage, presumably because
Americans have known what it means.

[[Page S4871]]

Therefore, the definition of marriage in DOMA is derived most
immediately from a Washington State case, Singer v. Hara, 522
P.2d 1187, 1191-92 (Wash. App. 1974), and this definition has
now found its way into Black's Law Dictionary (6th ed. 1990).
There are many similar definitions, both in the dictionaries
and in the cases. For example, more than a century ago the
U.S. Supreme Court spoke of the ``union for life of one man
and one woman in the holy estate of matrimony.'' Murphy v.
Ramsey, 114 U.S. 15, 45 (1885).
Note that ``marriage'' is defined, but the word ``spouse''
is not defined but refers to. This distinction is used
because the word ``spouse'' is defined at several places in
the Code to include substantive meaning (e.g., Title II of
the Social Security Act, 42 U.S.C. Sec. Sec. 416 (a), (b), &
(f), contains a definition of ``spouse'' that runs to dozens
of lines), and DOMA is not meant to affect such substantive
definitions. DOMA is meant to ensure that whatever
substantive definition of ``spouse'' may be used in Federal
law, the word refers only to a person of the opposite sex.
[Prepared by the Office of Senator Don Nickles]
____

The Defense of Marriage Act Is Necessary Now

The Defense of Marriage Act (DOMA) is a modest proposal. In
large measure, it merely restates current law. Some may ask,
therefore, if it is necessary. The correct answer is . . .
it's essential, and it's essential now. A couple of examples
will illustrate why:
Same-Sex ``Marriages'' in Hawaii. Prompted by a decision of
its State Supreme Court, Baehr v. Lewin, 852 P.2d 44,
reconsideration granted in part, 875 P.2d 225 (Haw. 1993),
the people of Hawaii are in the process of deciding if their
State is going to sanction the legal union of persons of the
same sex. After Hawaii's high court acted, the legislature
amended Hawaii's law to make it unmistakably clear that
marriage is available only between a man and a woman, Act of
June 22, 1994 (Act 217, Sec. 3), amending Hawaii Revised
Statutes Sec. 572-1, but the issue still thrives in the
courts, and a lower court may hand down a decision later this
year.
If Hawaii sanctions same-sex ``marriage'', the implications
will be felt far beyond Hawaii. Because Article IV of the
U.S. Constitution requires every State to give ``full faith
and credit'' to the ``public Acts, Records, and judicial
Proceedings'' of each State, the other 49 States will be
faced with recognizing Hawaii's same-sex ``marriages'' even
though no State now sanctions such relationships. The Federal
Government will have similar concerns because it extends
benefits and privileges to persons who are married, and
generally it uses a State's definition of marriage.
DOMA. The Defense of Marriage Act does not affect the
Hawaii situation. It does not tell Hawaii what it must do,
and it does not tell the other 49 States what they must do.
If Hawaii or another State decides to sanction same-sex
``marriage'', DOMA will not stand in the way.
The Defense of Marriage Act does two things: First, it
allows each State to decide for itself what legal effect it
will give to another State's same-sex ``marriages''. This
initiative is based on Congress' power under Article IV,
section 1 of the Constitution to say what ``effect'' one
State's acts, records, and judicial proceedings shall have in
another State. Second, DOMA defines the words ``marriage''
and ``spouse'' for purposes of Federal law. Since the word
``marriage'' appears in more than 800 sections of Federal
statutes and regulations, and since the word ``spouse''
appears more than 3,100 times, a redefinition of ``marriage''
or ``spouse'' could have enormous implication for Federal
law.
The following examples illustrating DOMA's importance are
from Federal law, but similar situations can be found in
every State.
Veterans' Benefits. In the 1970s, Richard Baker, a male,
demanded increased veterans' educational benefits because he
claimed James McConnell, another male, as his dependent
spouse. When the Veterans Administration turned him down, he
sued, and the outcome turned on a Federal statute (38 U.S.C.
Sec. 103(c)) that made eligibility for the
benefits contingent on his State's definition of
``spouse'' and ``marriage''. The Federal courts rejected
the claim for added benefits, McConnell v. Nooner, 547
F.2d 54 (8th Cir. 1976), because the Minnesota supreme
court had already determined that marriage (which it
defined as ``the state of union between persons of the
opposite sex'') was not available to persons of the same
sex. Baker v. Nelson, 191 N.W.2d 185 (Minn. 1971),
dismissed for want of a substantial federal question, 409
U.S. 810 (1972).
If Hawaii changes its law, a Baker v. Nelson-type case
based on Hawaiian law will create genuine risks to the
Federal Government's consistent policy. The Defense of
Marriage Act anticipates future demands such as that made in
the veterans' benefits case, and it reasserts that the words
``marriage'' and ``spouse'' will continue to mean what they
have traditionally meant.
Family and Medical Leave Act. The Family and Medical Leave
Act of 1993 (FMLA), Pub. L. 103-3, 107 Stat. 6, requires that
employees be given unpaid leave to care for a ``spouse'' who
is ill.
Shortly before passage of the Act in the Senate, Senator
Nickles attached an amendment defining ``spouse'' as ``a
husband or wife, as the case may be.'' That amendment proved
essential when the regulations were written.
When the Secretary of Labor published his proposed
regulations, he noted that a ``considerable number of
comments'' were received urging that the definition of
``spouse'' ``be broadened to include domestic partners in
committed relationships, including same-sex relationships.''
However, the Nickles amendment precluded him from adopting an
expansive definition of ``spouse''. The Secretary then quoted
the Senator's remarks on the floor:
``. . . This is the same definition [of `spouse'] that
appears in Title 10 of the United States Code (10 U.S.C.
101). Under this amendment, an employer would be required to
give an eligible female employee unpaid leave to care for her
husband and an eligible male employee unpaid leave to care
for his wife. No employer would be required to grant an
eligible employee unpaid leave to care for an unmarried
domestic partner. This simple definition will spare us a
great deal of costly and unnecessary litigation. Without this
amendment, the bill would invite lawsuits by workers who
unsuccessfully seek leave on the basis of the illness of
their unmarried adult companions.''
``Accordingly,'' continued the Secretary, ``given this
legislative history, the recommendations that the definition
of `spouse' be broadened cannot be adopted.'' 60 Federal
Register 2180, 2191-92 (Jan. 6, 1995) (emphasis added).
The Family and Medical Leave Act is an excellent example of
how a little anticipation in the Legislative Branch can
prevent a far-reaching, even revolutionary, change in
American law.
[Prepared by the Office of Senator Don Nickles]

____________________