[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]

                          ____________________