[Congressional Record Volume 142, Number 116 (Thursday, August 1, 1996)]
[Senate]
[Pages S9428-S9438]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

  By Mr. BREAUX:
  S. 2009. A bill to amend the Oil Pollution Act of 1990, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.


                The Oil Pollution Act Amendments of 1996

 Mr. BREAUX. Mr. President, I introduce legislation to improve 
marine safety in the transportation of oil and petroleum products and 
to enhance the safety of our waterway navigational systems. It has been 
over 7 years since the Senate approved legislation addressing a 
comprehensive program regulating the transportation of oil and 
petroleum products, and mandating a system of responding to oilspills. 
Since the enactment of the Oil Pollution Act of 1990, there has been a 
marked improvement in the safety of maritime transportation of oil. 
According to a recent study, after 1990, the volume of oil pollution 
from maritime sources in U.S. waters dropped precipitously, and has 
been reduced by over 75 percent. In addition, there has been a 
decreasing number of large volume oilspills. For instance, in the 5-
year period between 1986 and the end of 1990, there were an average of 
25 major and medium oilspills per year, however, since 1990, the 
average number of large and medium spills decreased 33 percent to 
approximately 16 per year. Despite these increases in safety there are 
other steps that can be taken to improve safety, and the bill I am 
introducing today will continue the improvement of the safe 
transportation of oil and other petroleum products.
  During consideration of the Oil Pollution Act, the Senate Commerce 
Committee held four hearings on the six different bills that were 
referred to the Commerce Committee. The end Senate legislative product 
incorporated the Commerce Committee's provisions on: The operations of 
oil tankers, enhanced Coast Guard authority to regulate the conduct of 
oil tankers and merchant marine personnel, requirements on Vessel 
Traffic Services [VTS] systems, marine oil transportation-related 
research, and oilspill contingency response plans as they pertain to 
vessels and offshore facilities. The Senate bill also included the 
Committee on Environment and Public Works provisions creating the Oil 
Spill Liability Trust Fund, increasing liability limits, and oilspill 
contingency response planning as it pertains to onshore facililities.
  I am introducing this legislation today to build on the Commerce 
Committee marine safety improvements that were incorporated into the 
Oil Pollution Act of 1990. Title I of the bill would require the Coast 
Guard to finalize regulations on operational measures required for 
single-hull tankers, add certain new safety requirements for the tug-
barge industry, and mandate a minimum underkeel clearance level for 
tank vessels. The bill also would create incentives to induce vessel 
operators to switch from single hulled vessels to double-hulled vessels 
in advance of their mandated phase out. The bill simplifies the 
procedures for resolution of oilspill claims, and allows vessel 
operators to consolidate all claims in one Federal proceeding.
  Title II of the bill will provide the National Oceanic and 
Atmospheric Administration [NOAA] with the authority to allow emergency 
regulations for fishing grounds closures to respond to health 
emergencies and oilspills. The bill would also require NOAA to provide 
scientific support on oilspill information. Also included in title II 
are provisions which would authorize a grant program to establish a 
nonregulatory program for reducing the risk of oilspills, and authorize 
NOAA to

[[Page S9429]]

use the Oil Spill Liability Trust Fund for nautical charting. We are 
facing a critical juncture in the modernization of nautical charts, the 
United States has a responsibility to provide marine nautical chart 
users with accurate charts, and this provision would help NOAA to 
provide the shipping public with the most up-to-date navigational 
information. This provision also includes the authority to utilize 
private contractors to accomplish nautical charting objectives, and 
transfers the aeronautical charting responsibilities to the Federal 
Aviation Administration.
  Title III of the bill modernizes the regulations governing deepwater 
ports. When the Deepwater Port Act was enacted in 1974, it was 
projected that there would be numerous deepwater port facilities. In 
fact, there is only one deepwater port in existence today. The 
provisions of this title will help modernize the regulations, and 
conform the existing regulations to the realities of deepwater port 
operation.
  Mr. President, I look forward to continuing the effort to upgrade the 
safety of marine operations in the navigable waterways of the United 
States, and 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. 2009

       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 ``Oil Pollution Act Amendments 
     of 1996''.

                 TITLE I--OIL POLLUTION ACT AMENDMENTS

     SEC. 101. COMPLETION OF FINAL REGULATIONS UNDER SECTION 
                   4115(b).

       The Secretary of the department in which the Coast Guard is 
     operating shall issue a final rule under Section 4115(b) of 
     the Oil Pollution Act of 1990 (46 U.S.C. 3703a note) with 
     respect to operations elements not later than September 30, 
     1996.

     SEC. 102. TOWING VESSEL SAFETY.

       (a) Single Hull Barge Requirements.--
       (1) Prevention measures.--Subtitle I of title IV of the Oil 
     Pollution Act of 1990 (46 U.S.C. 3703a note), as amended by 
     adding at the end the following:

     ``SEC. 4119. SINGLE HULL BARGE REQUIREMENTS.

       ``The Secretary shall issue rules to require that a single 
     hull barge over 5,000 gross tons operating in open ocean or 
     coastal waters that is affected by this section have at least 
     1 of the following:
       ``(1) a crew member on board and an operable anchor;
       ``(2) an emergency system on board the vessel towing the 
     barge to retrieve the barge if the tow line ruptures; or
       ``(3) any other measure that provides comparable protection 
     against grounding of the barge as that provided by a measure 
     described in paragraph (1) or (2).

     ``SEC. 4120. MINIMUM UNDER-KEEL CLEARANCES FOR TANK VESSELS.

       ``The captain of the port for each port in which any tank 
     vessel operates shall establish, in consultation with local 
     marine transportation industry officials, a minimum under-
     keel clearance for the vessel when entering the port or place 
     of destination and when departing port, taking into account 
     local navigational considerations.''.
       (2) Clerical amendment.--Section 2 of the Oil Pollution Act 
     of 1990 is amended by adding at the end of the table of 
     sections for subtitle I of title IV the following items:

``Sec. 4119. Single hull barge requirements.
``Sec. 4220. Minimum under-keel clearances for tank vessels.''.

       (b) Requirement for Fire Suppression Devices.--Section 4102 
     of title 46, United States Code, is amended by adding at the 
     end the following:
       ``(f)(1) The Secretary--
       ``(A) in consultation with the Towing Safety Advisory 
     Committee; and
       ``(B) taking into consideration the characteristics, 
     methods of operation, and nature of the service of towering 
     vessels,

     may require, to the extent appropriate, the installation, 
     maintenance, and use of a fire suppression system or other 
     equipment to provide adequate assurance that an onboard fire 
     can be suppressed under reasonably foreseeable 
     circumstances.''.

     SEC. 103. REPORTS.

       (a) Study on Lightering Regulations.--Within 12 months 
     after the date of enactment of this Act, the Secretary of 
     Transportation shall review existing requirements for 
     lightering operations in the United States Exclusive Economic 
     Zone to ensure the safe transfer of oil at sea while imposing 
     no undue economic burdens, as compared to accepted 
     international standards, on tank vessels transporting oil to 
     or from the United States and report to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.
       (b) Study on Tanker Lanes.--The Secretary of Transportation 
     shall coordinate with the Marine Board of the National 
     Research Council on a study of how the designation of waters 
     through which tank vessels transport oil, and the designation 
     of shipping lanes for tank vessels, affect the risk of an oil 
     spill. The Marine Board shall recommend to the Secretary 
     any changes to designations of waters that would reduce 
     the risk of oil spills to a minimum level of risk, and 
     report its recommendations to the Committee on Commerce, 
     Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the 
     House of Representatives.

     SEC. 104. CASUALTY REPORTING REQUIREMENTS.

       (a) Submission of Plan.--Not later than one year after 
     enactment of this Act, the Secretary of Transportation shall, 
     in consultation with appropriate State agencies, submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a plan to increase 
     reporting of vessel accidents to appropriate State law 
     enforcement officials.
       (b) Penalties for Violating Reporting Requirements.--
     Section 6103(a) of title 46, United States Code, is amended 
     by inserting ``or 6102'' after ``6101'' Code, is amended by 
     inserting ``or 6102'' after ``6101'' the second place it 
     appears.

     SEC. 105. DOUBLE HULL INCENTIVES.

       (a) Secured Lenders and Certain Owners.--Paragraph (26) of 
     section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2710) is amended by striking ``the vessel,'' and inserting 
     ``the vessel, but does not include (i) a person having a 
     security interest in, or security title to, any vessel under 
     a contract of conditional sale, equipment trust, chattel or 
     corporate mortgage, or other instrument of similar nature, 
     nor (ii) a lessor or charterer of any vessel under a bona 
     fide lease or demise charter, unless such person, lessor, or 
     charterer has actual possession or control, or participates 
     in the management, of the vessel at the time of a discharge 
     of oil,''.
       (b) Application Limited to Single Hull Tankers and Double 
     Hull Tank Vessels More Than 20 Years Old.--Subsection (c) of 
     section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2704) is amended by adding at the end the following:
       ``(4) Application limited.--Subparagraph (B) of paragraph 
     (1) of this subsection applies only to--
       ``(A) single hull tank vessels; and
       ``(B) double hull tank vessels more than 20 years of 
     age.''.

     SEC 106. CONCURSUS.

       Section 1017(c) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2717(c)) is amended by striking subsection (c) and inserting 
     the following:
       ``(c) Procedure.--
       ``(1) The responsible party or guarantor may, within 6 
     months after a claimant shall have presented a claim under 
     section 1013 for costs or damages under section 1002, file a 
     petition in the appropriate United States District Court for 
     limitation of, or exoneration from, liability pursuant to 
     sections 1003 or 1004 of this Act. After an action is 
     commenced under this paragraph in a court, that court shall 
     retain jurisdiction over the actions without regard to 
     whether the requested relief is granted. The responsible 
     party or its guarantor shall demonstrate to the court 
     evidence of financial responsibility approved by the 
     Secretary, as required by section 1016.
       ``(2) Upon compliance with the requirements of paragraph 
     (1), all claims and proceedings, other than claims presented 
     to the responsible party under section 1013(a), shall cease, 
     and, upon application of the responsible party, the District 
     Court shall enjoin the further prosecution of any action or 
     proceeding in any State or United States court against the 
     vessel, responsible party, guarantor, or their property with 
     respect to any claim arising under this Act. The court shall 
     issue a notice to all persons asserting claims with respect 
     to which the complaint seeks limitation or exoneration, 
     requiring them to present their respective claims upon the 
     responsible party pursuant to section 1013(a). If a claim is 
     not settled by the responsible party or guarantor as provided 
     in section 1013(c), then those persons may file their 
     respective claims with the clerk of the court within such 
     time and in such manner as the court may direct.
       ``(3) Nothing in this section shall preclude a person from 
     filing a concurrent limitation action under section 4203 of 
     the Revised Statutes of the United States (46 U.S.C. App. 
     183), commonly known as the Limited Liability Act.''.

     SEC. 107. IN REM JURISDICTION.

       Section 1002 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2702) is amended by adding at the end the following:
       ``(e) In Rem Jurisdiction.--A vessel that discharges or 
     poses a substantial threat of a discharge of oil, within the 
     meaning of subsection (a) of this section, shall be liable 
     for the removal costs and damages specified in subsection (b) 
     that result from the incident. The costs and damages shall 
     constitute a maritime lien on the vessel and may be recovered 
     in an action in rem in the district court of the United 
     States for any district within which the vessel is 
     found.''.

     SEC. 108. LIMITED DOUBLE HULL EXEMPTIONS.

       (a) In General.--The double hull construction requirements 
     of section 3703a of title 46, United States Code, do not 
     apply to--

[[Page S9430]]

       (1) a vessel documented under chapter 121 of title 46, 
     United States Code, that was equipped with a double hull 
     before August 12, 1992;
       (2) a barge of less than 1,500 gross tons carrying refined 
     petroleum product in bulk as cargo in or adjacent to waters 
     of the Bering Sea, Chukchi Sea, and Arctic Ocean and waters 
     tributary thereto and in the waters of the Aleutian Islands 
     and the Alaskan Peninsula west of 155 degrees west longitude; 
     or
       (3) a vessel in the National Defense Reserve Fleet pursuant 
     to section 11 of the Merchant Ship Sales Act of 1946 (50 
     U.S.C. App. 1744).
       (b) Authority of the Secretary of Transportation.--
       (1) Operation of barges in other waters.--The operation of 
     barges described in subsection (a)(2) outside waters 
     described in that subsection shall be on such conditions as 
     the Secretary of Transportation may require.
       (2) No effect on other authority of the secretary.--Except 
     as provided in subsection (a), nothing in this section 
     affects the authority of the Secretary of Transportation to 
     regulate the construction, operation, or manning of barges 
     and vessels in accordance with applicable laws and 
     regulations.
       (c) Barge Defined.--For purposes of this section, the term 
     ``barge'' has the meaning given that term in section 2101 of 
     title 46, United States Code.

     SEC. 109. OIL SPILL RESPONSE VESSELS.

       (a) Description.--Section 2101 of title 46, United States 
     Code, is amended--
       (1) by redesignating paragraph (20a) as (20b); and
       (2) by inserting after paragraph (20) the following new 
     paragraph:
       ``(20a) `oil spill response vessel' means a vessel that is 
     designated in its certificate of inspection as such a vessel, 
     or that is adapted to respond to a discharge of oil or a 
     hazardous material.''.
       (b) Exemption From Liquid Bulk Carriage Requirements.--
     Section 3702 of title 46, United States Code, is amended by 
     adding at the end thereof the following:
       ``(f) This chapter does not apply to an oil spill response 
     vessel if--
       ``(1) the vessel is used only in response-related 
     activities; or
       ``(2) the vessel is--
       ``(A) not more than 500 gross tons;
       ``(B) designated in its certificate of inspection as an oil 
     spill response vessel; and
       ``(C) engaged in response-related activities.''.
       (c) Manning.--Section 8104(p) of title 46, United States 
     Code, is amended to read as follows:
       ``(p) The Secretary may prescribe the watchstanding and 
     work hours requirements for an oil spill response vessel.''.
       (d) Minimum Number of Licensed Individuals.--Section 
     8301(e) of title 46, United States Code, is amended to read 
     as follows:
       ``(e) The Secretary may prescribe the minimum number of 
     licensed individuals for an oil spill response vessel.''.
       (e) Merchant Mariner Document Requirements.--Section 
     8701(a) of title 46, United States Code, is amended--
       (1) by striking ``and'' after the semicolon at the end of 
     paragraph (7),
       (2) by striking the period at the end of paragraph (8) and 
     inserting a semicolon and ``and''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(9) the Secretary may prescribe the individuals required 
     to hold a merchant mariner's document serving onboard an oil 
     spill response vessel.''.
       (f) Exemption From Towing Vessel Requirement.--Section 8905 
     of title 46, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(c) Section 8904 of this title does not apply to an oil 
     spill response vessel while engaged in oil spill response or 
     training activities.''.
       (g) Inspection Requirement.--Section 3301 of title 46, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(14) oil spill response vessels.''.

   TITLE II--MARINE SCIENCE ENHANCEMENT FOR OIL SPILL PREVENTION AND 
                                RESPONSE

     SEC. 201. OPENING AND CLOSING OF FISHING GROUNDS.

       Section 305(c) of the Magnuson Fishery Conservation and 
     Management Act (16 U.S.C. 1855(c)) is amended by striking 
     paragraph (3) and by inserting the following after paragraph 
     (2):
       ``(3) Any emergency regulation which changes an existing 
     fishery management plan shall be treated as an amendment to 
     such plan for the period in which such regulation is in 
     effect. Any emergency regulation promulgated under this 
     subsection--
       ``(A) shall be published in the Federal Register together 
     with the reasons therefor;
       ``(B) shall, except as provided in subparagraph (C), remain 
     in effect for not more than 180 days after the date of 
     publication, and may be extended by publication in the 
     Federal Register for an additional period of not more than 
     180 days, provided the public has had an opportunity to 
     comment on the emergency regulation, and, in the case of a 
     Council recommendation for emergency regulations, the Council 
     is actively preparing a fishery management plan, amendment, 
     or proposed regulations to address the emergency on a 
     permanent basis;
       ``(C) that responds to a public health emergency or an oil 
     spill may remain in effect until the circumstances that 
     created the emergency no longer exist, provided that the 
     public has an opportunity to comment after the regulation is 
     published and, in the case of a public health emergency, the 
     Secretary of Health and Human Services concurs with the 
     Secretary's action; and
       ``(D) may be terminated by the Secretary at an earlier date 
     by publication in the Federal Register of a notice of 
     termination, except for emergency regulations promulgated 
     under paragraph (2) in which case such early termination may 
     be made only upon the agreement of the Secretary and the 
     Council concerned.''.

     SEC. 202. NOAA SCIENTIFIC SUPPORT.

       Section 4202(b) of the Oil Pollution Act of 1990 (33 U.S.C. 
     1321 note) is amended by adding at the end the following:
       ``(5) Scientific support team.--
       ``(A) Establishment.--Not later than 6 months after the 
     date of enactment of the Oil Pollution Act Amendments of 
     1996, the Under Secretary of Commerce for Oceans and 
     Atmosphere shall establish and maintain a scientific 
     support team to respond, as required, to oil spills 
     covered by this Act.
       ``(B) Purpose.--The purpose of the scientific support team 
     shall be to provide useful or necessary scientific 
     information and support to the Federal On-Scene Coordinator, 
     primarily in coastal and navigable waters, and to recommend 
     any measures that will serve to mitigate adverse ecological 
     impact as a consequence of the spill.
       ``(C) Participation by scientists with expertise.--The 
     scientific support team--
       ``(i) shall be compromised of scientists who are experts in 
     the trajectories of oil spills and hazardous material 
     releases, oil and hazardous material behavior and 
     transportation, environmental impacts, and recovery from 
     spills, releases, and related removal actions, environmental 
     trade-off analyses, environmental aspects of contingency 
     planning, and association management tools; and
       ``(ii) may include local or regional scientists identified 
     in the area contingency plan with expertise which would help 
     ensure a more effective response.''.

     SEC 203. ACCESS TO USEFUL AND NECESSARY INFORMATION.

       (A) Establishment of Information Clearinghouse.--Section 
     7001(a) the Oil Pollution Act of 1990 (33 U.S.C. 2761(a)) is 
     amended--
       (1) by striking ``may designate'' at the end of paragraph 
     (3) and all that follows through ``representative'' and 
     inserting ``may designate. A representative''; and
       (2) by adding at the end the following:
       ``(4) Dissemination of information.--The Interagency 
     Committee shall disseminate and compile information regarding 
     previous spills, including data from universities, research 
     institutions, State governments, and other nations, as 
     appropriate.''.
       (b) Requirement That National Response Units Maintain 
     Information on Environmental Effects of Oil Spills.--Section 
     311(j) of the Federal Water Pollution Control Act (33 U.S.C. 
     1321(j)) is amended by adding at the end the following:
       ``(9) The Under Secretary of Commerce and the Secretary of 
     the Interior, through the United States Fish and Wildlife 
     Service, in coordination with appropriate agencies, shall 
     maintain and update a body of information on the 
     environmental effects of various types of oil spills an how 
     best to mitigate those effects, which shall be kept in a form 
     that is readily transmittable to response teams responding to 
     a spill under this Act;''.

     SEC. 204. NOAA PROGRAM TO REDUCE OIL SPILL RISK AND IMPROVE 
                   NAVIGATION SAFETY.

       (a) Reduction of Oil Spill Risk--
       (1) In general.--The Administrator of the National Oceanic 
     and Atmospheric Administration shall establish a cost-
     effective, non-regulatory program to reduce the risk of oil 
     spills through improving navigation safety, promote prompt 
     and effective response and remediation when oil spills occur, 
     enhance recovery and restoration efforts, and advance other 
     purposes of this Act. Such a program shall--
       (A) focus on particular geographic areas at risk from 
     spills of oil or hazardous materials;
       (B) collaborate closely with local maritime commerce and 
     coastal management interests, including private industry, 
     local, state, and federal agencies, and other appropriate 
     institutions;
       (C) include a matching grant program to provide initial 
     funding for local forums comprised of maritime commerce and 
     coastal management interests to advance navigation safety and 
     other oil or hazardous materials spill prevention activities, 
     to improve response and remediation, and to enhance the 
     restoration of coastal zone resources. Grants made under this 
     section shall be matched with 25 percent nonfederal funds in 
     the first two years of the program, and 50 percent 
     thereafter;
       (D) promote efficiencies by involving, to the extent 
     appropriate and practical, capabilities offered by National 
     Oceanic and Atmospheric Administration and other federal and 
     state programs that could further the purposes of this 
     section; and
       (E) meet multiple navigation or coastal management needs to 
     the extent practicable.
       (2) Local or regional elements.--Local or regional elements 
     for this program shall be developed in consultation with 
     local maritime commerce and coastal management communities. 
     Program elements may include, but are not limited to--
       (A) local forums to promote safe navigation, effective oil 
     spill or hazardous material

[[Page S9431]]

     spill response and remediation, restoration, and related 
     coastal management activities;
       (B) Physical Oceanographic Real Time Systems and other 
     technologies that further safe navigation and oil and 
     hazardous materials spill response and restoration, and other 
     coastal management activities;
       (C) research and development on means to improve the safety 
     of oil transport, the efficacy of oil and hazardous materials 
     spill response, remediation techniques, and restoration 
     practices;
       (D) activities to improve the delivery of navigation, 
     weather, vessel traffic, and other information required for 
     safe navigation;
       (E) providing information collected pursuant to the 
     National Oceanographic and Atmospheric Administration's 
     navigation and positioning responsibilities in formats useful 
     in oil spill response, remediation, and restoration 
     activities; and
       (F) other activities as appropriate consistent with the 
     purposes of this Act, the Coastal Zone Management Act of 1972 
     and the National Ocean Service navigation and positioning and 
     coastal management authorities.
       (3) Implementation.--The Administrator shall phase the 
     implementation of this program by region such that it is 
     operating nationally within 5 years of the date of the 
     enactment of this Act.
       (4) Authorization.--For purposes of this subsection, there 
     is authorized to be appropriated $2,000,000 in the first 
     year, $3,000,000 in the second year, and $5,000,000 for each 
     succeeding fiscal year.

     SEC. 205. NOAA MARINE SERVICES MODERNIZATION.

       (a) In General.--For the purposes of modernizing the 
     Administration's services that support safe and efficient 
     maritime navigation, and accelerating the public availability 
     of improved navigation services and products, the 
     Administrator is authorized to withdraw from the Oil Spill 
     Liability Trust Fund established by the Oil Pollution Act of 
     1990 an amount not to exceed $15,000,000 per year to remain 
     available until expended, for each of 10 fiscal years 
     commencing with the first fiscal year after the enactment of 
     this provision.
       (b) Use of Funds.--Funds available to the Administration 
     pursuant to subsection (a) shall be used exclusively to pay 
     the costs of enabling, modernizing, enhancing, or expanding 
     the capabilities of the Administration to conduct, either 
     directly or by contract, programs and activities related to 
     commercial marine navigation, including--
       (1) the nautical charting program;
       (2) marine tides and circulation programs;
       (3) charting survey ship support, including support 
     provided by private contractors; and
       (4) marine weather services applicable to commercial 
     navigation safety in the waters of the United States.
       (c) Charting Survey Ship Support.--The Administration shall 
     obtain charting survey ship support from private sector 
     contractors to the maximum extent feasible consistent with--
       (1) maintaining quality control over navigation products 
     and services to protect the public interest in navigation 
     safety and prevention of maritime accidents, and to protect 
     the United States from liability for gaining to ensure such 
     quality control; and
       (2) maintaining within the Administration the scientific 
     and technical capabilities necessary to perform, or oversee 
     contractor performance of, all aspects of the development of 
     marine navigation products and services.
       (d) Transfer of Aeronautical Charting.--
       (1) In general.--The following functions are transferred 
     from the National Oceanic and Atmospheric Administration to 
     the Federal Aviation Administration:
       (A) The functions vested in the Secretary of Commerce by 
     sections 1 and 2 of the Act of August 6, 1947 (33 U.S.C. 883a 
     and 883b) relating to aeronautical surveys for the purposes 
     of aeronautical charting and the compilation, printing, and 
     distribution of aeronautical charts.
       (B) The functions vested in the Secretary of Commerce by 
     section 1307 of title 44, United States Code, relating to 
     establishment of prices at which aeronautical charts and 
     related products may be sold.
       (C) So much of the functions of the Secretary of Commerce 
     and the Department of Commerce as is incidental to or 
     necessary for the performance by, or under, the Administrator 
     of the Federal Aviation Administration of the functions 
     transferred by this subsection or that relate primarily to 
     those functions.
       (2) Incidental transfers.--
       (A) So much of the personnel, property, records, and 
     unexpended balances of appropriations, allocations, and other 
     funds employed, used, held, available, or to be made 
     available in connection with the functions transferred to the 
     Administrator of the Federal Aviation Administration by this 
     section as the Director of the Office of Management and 
     Budget shall determine shall be transferred to the Federal 
     Aviation Administration at such time as the Director shall 
     direct.
       (B) Such other measures as the Director of the Office of 
     Management and Budget determines to be necessary in order to 
     effectuate the transfers described in paragraph (1) of this 
     subsection shall be carried out in such manner as the 
     Director shall direct.
       (3) Effective date.--The transfers made by this subsection 
     shall be completed not later than September 30, 1998.

                TITLE III--DEEPWATER PORT MODERNIZATION

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Deepwater Port 
     Modernization Act''.

     SEC. 302. DECLARATIONS OF PURPOSE AND POLICY.

       (a) Purposes.--The purposes of this title are to--
       (1) update and improve the Deepwater Port Act of 1974;
       (2) assure that the regulation of deepwater ports is not 
     more burdensome or stringent than necessary in comparison to 
     the regulation of other modes of importing or transporting 
     oil;
       (3) recognize that deepwater ports are generally subject to 
     effective competition from alternative transportation modes 
     and eliminate, for as long as a port remains subject to 
     effective competition, unnecessary Federal regulatory 
     oversight or involvement in the ports' business and economic 
     decisions; and
       (4) promote innovation, flexibility, and efficiency in the 
     management and operation of deepwater ports by removing or 
     reducing any duplicative, unnecessary, or overly burdensome 
     Federal regulations or license provisions.
       (b) Policy.--Section 2(a) of the Deepwater Port Act of 1974 
     (33 U.S.C. 1501(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting a semicolon; and
       (3) by inserting at the end the following;
       ``(5) promote the construction and operation of deepwater 
     ports as a safe and effective means of importing oil into the 
     United States and transporting oil from the outer continental 
     shelf while minimizing tanker traffic and the risks attendant 
     thereto; and
       ``(6) promote oil production on the outer continental shelf 
     by affording an economic and safe means of transportation of 
     outer continental shelf oil to the United States mainland.''.

     SEC. 303. DEFINITIONS.

       (a) Antitrust Laws.--Section 3 of the Deepwater Port Act of 
     1974 (33 U.S.C. 1502) is amended--
       (1) by striking paragraph (3); and
       (2) by redesignating paragraphs (4) through (19) as 
     paragraphs (3) through (18), respectively.
       (b) Deepwater Port.--The first sentence of section 3(9) of 
     such Act, as redesignated by subsection (a), is amended by 
     striking ``such structures,'' and all that follows through 
     ``section 23.'' and inserting the following; ``structures, 
     located beyond the territorial sea and off the coast of the 
     United States and which are used or intended for use as a 
     port or terminal for the transportation, storage, and further 
     handling of oil for transportation to any State, except as 
     otherwise provided in section 23, and for other uses not 
     inconsistent with the purposes of this Act, including 
     transportation of oil from the United States, outer 
     continental shelf.''.

     SEC. 304. LICENSES.

       (a) Elimination of Utilization Restrictions.--Section 4(a) 
     of the Deepwater Port Act of 1974 (33 U.S.C. 1503(a)) is 
     amended by striking the last sentence.
       (b) Elimination of Precondition to Licensing.--Section 4(c) 
     of such Act (33 U.S.C. 1503(c)) is amended--
       (1) by striking paragraph (7); and
       (2) by redesignating paragraphs (8), (9), and (10) as 
     paragraphs (7), (8), and (9), respectively.
       (c) Conditions Prescribed by Secretary.--Section 4(e)(1) of 
     such Act (33 U.S.C. 1503(e)) is amended by striking the first 
     sentence and inserting the following: ``In issuing a license 
     for the ownership, construction, and operation of a deepwater 
     port, the Secretary shall prescribe those conditions which 
     the Secretary deems necessary to carry out the provisions and 
     requirements of this Act or which are otherwise required by 
     any Federal department or agency pursuant to the terms of 
     this Act. To the extent practicable, conditions required to 
     carry out the provisions and requirements of this Act shall 
     be addressed in license conditions rather than by regulation 
     and, to the extent practicable, the license shall allow a 
     deepwater port's operating procedures to be stated in an 
     operations manual, approved by the Coast Guard, in accordance 
     with section 10(a) of this Act, rather than in detailed and 
     specific license conditions or regulations; except that basic 
     standards and conditions shall be addressed in 
     regulations.''.
       (d) Elimination of Restriction on Transfers.--Section 
     4(e)(2) of such Act (33 U.S.C. 1503(e)(2)) is amended by 
     striking ``application'' and inserting ``license''.
       (e) Findings Required for Transfers.--Section 4(f) of such 
     Act (33 U.S.C. 1503(f)) is amended to read as follows:
       ``(f) Amendments, Transfers, and Reinstatements.--The 
     Secretary may amend, transfer, or reinstate a license issued 
     under this Act if the Secretary finds that the amendment, 
     transfer, or reinstatement is consistent with the 
     requirements of this Act.''.

     SEC. 305. INFORMATIONAL FILINGS.

       Section 5(c) of the Deepwater Port Act of 1974 (33 U.S.C. 
     1504(c)) is amended by adding the following:
       ``(3) Upon written request of any person subject to this 
     subsection, the Secretary may make a determination in writing 
     to exempt such person from any of the informational filing 
     provisions enumerated in this subsection or the regulations 
     implementing this section if the Secretary determines that

[[Page S9432]]

     such information is not necessary to facilitate the 
     Secretary's determinations under section 4 of this Act and 
     that such exemption will not limit public review and 
     evaluation of the deepwater port project.''.

     SEC. 306. ANTITRUST REVIEW.

       Section 7 of the Deepwater Port Act of 1974 (33 U.S.C. 
     1506) is repealed.

     SEC. 7. OPERATION.

       (a) As Common Carrier.--Section 8(a) of the Deepwater Port 
     Act of 1974 (33 U.S.C. 1507(a)) is amended by inserting after 
     ``subtitle IV of title 49, United States Code,'' the 
     following: ``and shall accept, transport, or convey without 
     discrimination all oil delivered to the deepwater port with 
     respect to which its licensed is issued,''.
       (b) Conforming Amendment.--Section 8(b) of such Act is 
     amended by striking the first sentence and the first 3 words 
     of the second sentence and inserting the following: ``A 
     licensee is not discriminating under this section and''.

     SEC. 308. MARINE ENVIRONMENTAL PROTECTION AND NAVIGATIONAL 
                   SAFETY.

       Section 10(a) of the Deepwater Port Act of 1974 (33 U.S.C. 
     1509(a)) is amended--
       (1) by inserting after ``international law'' the following: 
     ``and the provision of adequate opportunities for public 
     involvement''; and
       (2) by striking ``shall prescribe by regulation and enforce 
     procedures with respect to any deepwater port, including, but 
     not limited to,'' and inserting the following: ``shall 
     prescribe and enforce procedures, either by regulation (for 
     basic standards and conditions) or by the licensee's 
     operations manual, with respect to''.
                                 ______
                                 
      By Mr. HATCH (for himself, Mr. Santorum, Mr. Gregg, Mr. Warner, 
        Mr. Simpson, Mr. Thurmond, Mr. D'Amato, and Mr. Faircloth):
  S. 2010. A bill to amend title 18, United States Code, to exempt 
qualified current and former law enforcement officers from State laws 
prohibiting the carrying of concealed firearms, and for other purposes; 
to the Committee on the Judiciary.


              the community protection initiative of 1996

  Mr. HATCH. Mr. President, today I am introducing the community 
protection initiative of 1996. This bill will exempt current and former 
law enforcement officers from State and local laws prohibiting the 
carrying of concealed firearms. In so doing, this bill will adopt a 
clear, uniform rule in place of the various State and local laws that 
are on the books today.
  This bill has the support of many law enforcement organizations and 
individuals, including the Law Enforcement Alliance of America, 
Fraternal Order of Police, National Association of Police 
Organizations, National Sheriffs Association, National Troopers 
Coalition, Southern Police Benevolent Association, National Law 
Enforcement Council, the Salt Lake City police chief, the Salt Lake 
County sheriff, and the Utah Highway Patrol Association.
  This bill will prove to be a useful addition to our laws in several 
ways. This bill will enhance public safety. It will do so by 
potentially placing thousands of additional police officers on the 
streets of America--at no additional cost to the public. Law 
enforcement officers are highly trained professionals. Their classroom 
teaching, as well as their experience in the field, are the most 
valuable weapons that they possess. But all of that skill and 
experience will be of little benefit for a police officer if he cannot 
prevent A crime from occurring because he is unable to carry the 
firearm his community has authorized him to carry as part of his job. 
This bill puts more police on the street, at no cost to the taxpayer.
  That result alone is a valuable one. But there is more. The bill will 
help law enforcement officers protect themselves and their families 
when they travel interstate. By itself, that is a valuable benefit. Any 
one police officer may make scores of arrests throughout his career, 
and an officer may not always remember the face of every suspect that 
he apprehends. Many criminals, however, remember. They remember the 
face of the judge, the face of the prosecutor, and, most importantly, 
the face of the arresting officer. This bill enables police to protect 
themselves and their families in the face of these long memories. 
Currently, police officers can protect themselves when they remain 
within their jurisdictions on-duty. If those jurisdictions permit, 
officers can carry their firearms off-duty. This bill would allow each 
qualified police officer to travel out of State without being at risk 
of criminal assault.

  A firearm is an important tool in a battle with a criminal, 
especially an armed one. A firearm in the hands of a trained police 
officer, when off duty, will make our streets safer. For private 
citizens, a firearm is best compared to a fire extinguisher, because 
each one is a piece of emergency, lifesaving equipment. But for police 
officers, a firearm is a necessary tool of his profession.
  We expect that police officers will intervene to prevent crimes from 
occurring. No, we demand that police officers carry out that 
responsibility. That is why we train them in law enforcement; and that 
is why we give them a badge; that is why we give them a gun. This bill 
will ensure that we do not disarm the police just because they have 
traveled interstate.
  There are more than 600,000 State and local law enforcement officers 
in more than 17,000 police agencies. This bill would allow those 
officers, and many of their retired colleagues, to carry firearms when 
they travel out of State. That puts each of those officers on the 
streets in the service of law enforcement in this Nation.
  To be sure, only some police officers will take advantage of this 
provision. But we know that there will be some officers who prevent 
some crimes and who prevent some people from becoming victims.
  At the same time, this bill achieves those benefits in a careful 
manner. It does not allow unqualified officer to carry firearms 
interstate. Rather, it requires current police officers to be in good 
standing to take advantage of the benefits of this bill. The bill also 
does not allow all retired police officers to carry firearms. Before a 
retired police officer can carry a concealed firearm under this bill, 
the bill requires that the retired officer be authorized by his or her 
State of residence to carry a concealed firearm within that State. 
Finally, this bill does not authorize the carrying of firearms on 
aircraft.
  I look forward to working with my colleagues on a bipartisan basis in 
moving this legislation. In the House, Representative Cunningham of 
California has introduced a similar measure.
  Together, we can bring about passage of a bill that will protect the 
public, our Nation's law enforcement officers, and their families.
                                 ______
                                 
      By Mr. SIMPSON (by request):
  S. 2011. A bill to ensure that appropriated funds are not used for 
operation of golf courses on real property controlled by the Department 
of Veterans Affairs; to the Committee on Veterans' Affairs.


                      veterans affairs legislation

  Mr. SIMPSON. Mr. President, as chairman of the Veterans' Affairs 
Committee, I have today introduced, at the request of the Secretary of 
Veterans Affairs, S. 2011, a bill relating to the use of appropriated 
funds for the operation and maintenance of golf courses on real 
property controlled by the Department of Veterans Affairs. The 
Secretary of Veterans Affairs submitted this legislation to the 
President of the Senate by letter dated June 20, 1996.
  My introduction of this measure is in keeping with the policy which I 
have adopted of generally introducing--so that there will be specific 
bills to which my colleagues and others may direct their attention and 
comments--all administration-proposed draft legislation referred to the 
Veterans' Affairs Committee. Thus, I reserve the right to support or 
oppose the provisions of, as well as any amendment to, this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record, together with the transmittal letter and the 
enclosed analysis of the draft legislation.
  There being no objection, the materials were ordered to be printed in 
the Record, as follows:

                                S. 2011

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That
       Sec. 2. (a) The Secretary of Veterans Affairs shall ensure 
     that no funds appropriated by Congress are used for the 
     maintenance and operation of golf courses on real property 
     within the control of the Department of Veterans Affairs.
       (b) Notwithstanding any other provision of law, the 
     Secretary may provide for the maintenance and operation of 
     golf courses on real property within the control of the 
     Department by--
       (1) entering into leases or other arrangements for a period 
     not to exceed 20 years with (i) Department of Veterans 
     Affairs employee associations; (ii) other nonFederal 
     nonprofit organizations; or (iii) private entities; or

[[Page S9433]]

       (2) entering into enhanced use leases under section 8162 of 
     the title 38, United States Code, without regard to sections 
     8163 and 8168 of title 38, United States Code.
       (c) In making any arrangement under subsection (b), the 
     Secretary shall, to the extent the Secretary considers 
     appropriate, seek to provide for therapeutic work 
     opportunities for VA patients and members participating in 
     programs authorized by section 1718 of title 38, United 
     States Code.
       (d) Notwithstanding any other provision of law, funds 
     generated in connection with the use of real property within 
     the control of the Department of Veterans Affairs that is 
     used for a golf course shall be retained by the Department 
     for such uses as the Secretary deems appropriate.
       (e) The Secretary of Veterans Affairs shall, before leasing 
     a golf course on real property within the control of the 
     Department, consider the option of excessing the golf course 
     to the General Services Administration so that the property 
     can be screened for redeployment by another Executive Agency.
                                                                    ____


                                Analysis

       The draft bill contains the enactment section, which is 
     section one, and a section two which contains five 
     subsections.
       Subsection (a) prohibits the Secretary of Veterans Affairs 
     from using funds appropriated by the Congress for the 
     maintenance and operation of golf courses at VA health care 
     facilities.
       Subsection (b) would authorize the Secretary to provide for 
     the maintenance and operation of golf courses at VA health 
     care facilities by leasing the property to VA employee 
     associations or other non-Federal nonprofit organizations. 
     Examples of other nonprofit organizations are a local 
     government, or a veterans service organization. Subsection 
     (b) would also authorize the Secretary to enter into enhanced 
     use leases of golf course properties without regard to 
     limitations set forth in section 8163 and 8168 of title 38, 
     United States Code. Section 8168 limits the number of 
     enhanced use leases the Secretary may enter into, and could 
     be a barrier to the leasing of the golf courses. Section 8163 
     establishes a process by which properties are designated for 
     enhanced use leasing. It is unnecessary to follow that 
     process for the golf courses as the bill itself designates 
     the properties subject to such leasing.
       Subsection (c) would provide that in exercising the 
     authority in subsection (b) to make arrangements for the 
     operation of golf courses, the Secretary may, if appropriate, 
     seek to provide for therapeutic work opportunities for 
     patients. Thus, for example, the Secretary might include in a 
     lease, a provision calling for the lessor to enter into an 
     arrangement with a VA compensated work therapy program to 
     have patients perform golf course maintenance.
       Subsection (d) would permit VA to retain any funds 
     generated by VA real property used as a golf course.
       Subsection (e) would require the Secretary, before leasing 
     the property, to consider excessing the property for use by 
     another Executive Agency.
                                                                    ____



                            The Secretary of Veterans Affairs,

                                    Washington, DC, June 20, 1996.
     Hon. Al Gore,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: There is transmitted herewith a draft 
     bill, ``To ensure that no appropriated funds are used for the 
     operation and maintenance of golf courses on real property 
     controlled by the Department of Veterans Affairs.'' We 
     request that it be referred to the appropriate committee for 
     prompt consideration and enactment.
       For many years VA has operated golf courses at a number of 
     its medical facilities to provide patient therapy and 
     recreation. Generally, these golf courses were in existence 
     at the hospital facilities at the time the Department 
     acquired the facilities. The courses are often quite small 
     with only 9-holes, and are located at facilities with large 
     psychiatric patient populations. Currently 22 VA golf courses 
     exist.
       VA can no longer justify the expenditure of medical care 
     appropriations for the operation of golf courses. Scarce 
     resources used for maintenance and operation of the courses 
     can be more appropriately used for the direct provision of 
     medical care to veterans. In some instances opportunities may 
     exist to use the property more appropriately. In other 
     instances, continued operation of a golf course may be 
     warranted, but a better mechanism may exist for maintaining 
     and operating the course. Accordingly, the Department has 
     determined that it will no longer directly operate golf 
     courses using appropriated funds.
       In the last several months, the Department has looked at 
     various mechanisms for divesting itself of golf course 
     operations. However, legal impediments exist to pursuing some 
     options. The enclosed draft bill would statutorily authorize 
     the Secretary to provide for the maintenance and operation of 
     golf courses in various ways without using any appropriated 
     funds.
       The draft bill would prohibit the use of appropriated funds 
     to operate golf courses, and would provide specific 
     mechanisms for continuing golf course operations. The bill 
     would permit the Secretary to lease or make other 
     arrangements with VA employee associations or other non-
     federal nonprofit entities to have them operate the 
     courses. Such a nonprofit entity might include the local 
     community where the VA facility is located. The bill would 
     also allow the Secretary to arrange for operation of a 
     course by a private organization. Finally, it would also 
     authorize VA to enter into enhanced use leases of golf 
     course properties.
       Another provision in the bill would provide that in making 
     arrangements for operation of golf courses, the Secretary 
     should, if appropriate, seek to provide for therapeutic work 
     opportunities for VA patients. VA compensated work therapy 
     programs are always searching for ways to provide certain 
     patients with therapeutic work. In the lease of a golf 
     course, it might be possible to require the lessee to make an 
     arrangement with a VA work therapy program to use patient 
     workers. Finally, the bill would require the Secretary to 
     consider divesting golf courses altogether before entering 
     into lease arrangements.
       This bill would affect direct spending and receipts; 
     therefore, it is subject to the pay-as-you-go requirement of 
     the Omnibus Budget Reconciliation Act of 1990. OMB estimates 
     that the pay-as-you-go effect of this proposal is zero.
       The Office of Management and Budget advises that there is 
     no objection to the submission of this draft bill from the 
     standpoint of the Administration's program.
           Sincerely yours,
                                                      Jesse Brown.
                                 ______
                                 

                      By Mr. SIMPSON (by request):

  S. 2012. A bill to redesignate the title of the National Cemetery 
System and the position of the Director of the National Cemetery 
System; to the Committee on Veterans' Affairs.


              national cemetery administration legislation

  Mr. SIMPSON. Mr. President, as chairman of the Veterans' Affairs 
Committee, I have today introduced, at the request of the Secretary of 
Veterans Affairs, S. 2012, a bill to redesignate the National Cemetery 
System as the ``National Cemetery Administration,'' and to redesignate 
the position of Director, National Cemetery System as ``Assistant 
Secretary, Memorial Affairs.'' The Secretary of Veterans Affairs 
submitted this legislation to the President of the Senate by letter 
dated June 24, 1996.
  My introduction of this measure is in keeping with the policy which I 
have adopted of generally introducing--so that there will be specific 
bills to which my colleagues and others may direct their attention and 
comments--all administration-proposed draft legislation referred to the 
Veterans' Affairs Committee. Thus, I reserve the right to support or 
oppose the provisions of, as well as any amendment to, this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record, together with the transmittal letter.
  There being no objection, the materials were ordered to be printed in 
the Record, as follows:

                                S. 2012

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

     SECTION 1. REDESIGNATION OF TITLE OF NATIONAL CEMETERY 
                   SYSTEM.

       The title of the National Cemetery System of the Department 
     of Veterans Affairs is hereby redesignated as the National 
     Cemetery Administration.

     SEC. 2. REDESIGNATION OF POSITION OF DIRECTOR OF THE NATIONAL 
                   CEMETERY SYSTEM.

       The position of Director of the National Cemetery System of 
     the Department of Veterans Affairs is hereby redesignated as 
     Assistant Secretary for Memorial Affairs.

     SEC. 3. ASSISTANT SECRETARIES.

       Section 308(a) of title 38, United States Code, is amended 
     by--
       (a) in subsection (a) thereof, changing the period at the 
     end of the first sentence of that subsection to a comma and 
     adding the following at the end of that sentence: ``in 
     addition to the Assistant Secretary for Memorial Affairs'';
       (b) in subsection (b) thereof, by inserting ``other than 
     the Assistant Secretary for Memorial Affairs'' after 
     ``Assistant Secretaries''; and
       (c) in subsection (c) thereof, by inserting ``pursuant to 
     subsection (b)'' after ``Assistant Secretary''.

     SEC. 4. TITLE 38 CONFORMING AMENDMENTS.

       (a) Title 38, United States Code, is amended by striking 
     out ``director of the National Cemetery System'' each place 
     it appears (including in headings and tables) and inserting 
     in lieu thereof ``Assistant Secretary for Memorial Affairs''.
       (b) Section 301(c) of title 38, United States Code, is 
     amended by striking out ``System'' in subsection (c)(4) and 
     inserting in lieu thereof ``Administration''.
       (c) Section 307 of title 38, United States Code, is 
     amended--
       (1) by striking out ``a'' in the first sentence and 
     inserting in lieu thereof ``an'';

[[Page S9434]]

       (2) by striking out ``Director'' in the second sentence and 
     inserting in lieu thereof ``Assistant Secretary for Memorial 
     Affairs''; and
       (3) by striking out ``System'' in the second sentence and 
     inserting in lieu thereof ``Administration''.
       (d)(1) Section 2306(d) of title 38, United States Code, is 
     amended by striking out ``within the National Cemetery 
     System'' in the first sentence of subsection (d)(1) and 
     inserting in lieu thereof ``under the control of the National 
     Cemetery Administration''.
       (2) Section 2306(d) of title 38, United States Code, is 
     amended by striking out ``within the National Cemetery 
     System'' in subsection (d)(2) and inserting in lieu thereof 
     ``under the control of the National Cemetery 
     Administration''.
       (e)(1) The table of sections at the beginning of chapter 24 
     of title 38, United States Code, is amended by striking out 
     ``Establishment of National Cemetery System; composition of 
     such system; appointment of director.'' and inserting in lieu 
     thereof ``Establishment of National Cemetery Administration; 
     authority of such administration; appointment of Assistant 
     Secretary.''.
       (2) The heading of section 2400 of title 38, United States 
     Code, is amended by striking out ``Establishment of National 
     Cemetery System; composition of such system; appointment of 
     director'' and inserting in lieu thereof ``Establishment of 
     National Cemetery Administration; authority of such 
     administration; appointment of Assistant Secretary''.
       (3) Section 2400(a) of title 38, United States Code, is 
     amended by striking out ``shall be within the Department 
     a National Cemetery System'' in the first sentence and 
     inserting in lieu thereof ``is within the Department a 
     National Cemetery Administration responsible'' in the 
     first sentence and by striking out ``Such system'' in the 
     second sentence and inserting in lieu thereof ``The 
     National Cemetery Administration''.
       (4) Section 2400(b) of title 38, United States Code, is 
     amended by striking out ``The National Cemetery System'' and 
     inserting ``National cemeteries and other facilities under 
     the control of the National Cemetery Administration'' in lieu 
     thereof.
       (5) Section 2402 of title 38, United States Code, is 
     amended by striking out ``in the National Cemetery System'' 
     and inserting ``under the control of the National Cemetery 
     Administration'' in lieu thereof.
       (6) Section 2403(c) of title 38, United States Code, is 
     amended by striking out ``in the National Cemetery System 
     created by this chapter'' and inserting ``under the control 
     of the National Cemetery Administration'' in lieu thereof.
       (7) Section 2405(c) of title 38, United States Code, is 
     amended by striking out ``within the National Cemetery 
     System'' and inserting in lieu thereof ``under the control of 
     the National Cemetery Administration'' and by striking out 
     ``within such System'' and inserting in lieu thereof ``under 
     the control such Administration''.
       (8) Section 2408(c) of title 38, United States Code, is 
     amended by striking out ``in the National Cemetery System'' 
     in subsection (c)(1) and inserting ``under the control of the 
     National Cemetery Administration'' in lieu thereof.

     SEC. 5. EXECUTIVE SCHEDULE CONFORMING AMENDMENT.

       Section 5315 of title 5. United States Code, is amended by 
     striking out ``(6)'' following ``Assistant Secretaries, 
     Department of Veterans Affairs'' and inserting in lieu 
     thereof ``(7)'' and by striking out ``Director of the 
     National Cemetery System.''

     SEC. 6. REFERENCES IN OTHER LAWS.

       (a) Any reference to the National Cemetery System in any 
     Federal law, Executive order, rule, regulation, delegation of 
     authority, or document of or pertaining to the Department of 
     Veterans Affairs, which reference pertains to the 
     organization within that Department which controls the 
     Department's national cemeteries shall be deemed to refer to 
     the National Cemetery Administration.
       (b) Any reference to the Director of the National Cemetery 
     System in any Federal law, Executive order, rule, regulation, 
     delegation of authority, or document of or pertaining to the 
     Department of Veterans Affairs shall be deemed to refer to 
     the Assistant Secretary for Memorial Affairs.
                                                                    ____



                            The Secretary of Veterans Affairs,

                                    Washington, DC, June 24, 1996.
     Hon. Albert Gore,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: Transmittal herewith is a draft bill to 
     redesignate the National Cemetery System (NCS) as the 
     ``National Cemetery Administration'' and the Director of the 
     National Cemetery System as the ``Assistant Secretary for 
     Memorial Affairs.'' The legislation would elevate the NCS to 
     the same organizational status within the Department of 
     Veterans Affairs (VA) as the Veterans Health Administration 
     (VHA) and the Veterans Benefits Administration (VBA). I 
     request that this draft bill be referred to the appropriate 
     committee for prompt consideration and enactment.
       On March 15, 1989, the Veterans' Administration was 
     redesignated as the Department of Veterans Affairs and 
     elevated to cabinet-level status as an executive department. 
     At that time, two of the three VA components that administer 
     veterans' programs were also redesignated. The Department of 
     Medicine and Surgery was redesignated as the Veterans Health 
     Services and Research Administration (now the Veterans Health 
     Administration) and the Department of Veterans' Benefits was 
     redesignated as the Veterans Benefits Administration. The 
     designation of the third program component, the National 
     Cemetery System, was not changed.
       On October 9, 1992, the title of the Chief Medical 
     Director, the head of the Veterans Health Administration, was 
     redesignated as the Under Secretary for Health and the title 
     of the Chief Benefits Director was redesignated as the Under 
     Secretary for Benefits. The title of the Director of the 
     National Cemetery System was not changed.
       The NCS was established on June 18, 1973, in accordance 
     with the National Cemeteries Act of 1973, Pub. L. No. 93-43, 
     Sec. 2(a), 87 Stat. 75. The fourfold mission of the NCS is: 
     (1) to provide for the interment in national cemeteries of 
     the remains of deceased veterans, their spouses, and certain 
     other dependents and to permanently maintain their graves; 
     (2) to mark the graves of eligible persons buried in 
     national, state, and private cemeteries; (3) to administer 
     the State Cemetery Grants Program to aid states in 
     establishing, expanding, or improving state veterans' 
     cemeteries; and, (4) to administer the Presidential Memorial 
     Certificate Program.
       NCS is the only one of the three VA components responsible 
     for delivering benefits to veterans and their dependents that 
     is referred to as a ``System'' rather than an 
     ``Administration.'' The proposed redesignation ``National 
     Cemetery Administration'' would more accurately recognize 
     NCS' status as a benefit-delivery administration.
       Section 307 of title 38, United States Code, establishes 
     the position of Director of the National Cemetery System. The 
     present position title implies that the Director's 
     responsibility is limited to management of the system of 
     national cemeteries and does not adequately reflect the 
     responsibilities associated with the fourfold mission of the 
     NCS. The proposed redesignation ``Assistant Secretary for 
     Memorial Affairs'' would assure that the position receives 
     the status commensurate with its responsibilities. The 
     redesignation would not affect the duties and 
     responsibilities of the position, which would remain the 
     same.
       Section 308(a) of title 38, United States Code, provides 
     that VA shall have no more than six Assistant Secretaries. 
     Under the draft bill, the position of Assistant Secretary for 
     Memorial Affairs, so designated in section 307, would not be 
     counted as one of the six Assistant Secretary positions 
     referred to in section 308(a).
       Currently, the salary level for the NCS Director is set by 
     statute at Executive Level IV. The salary level for the other 
     VA Assistant Secretary positions is also set at Executive 
     Level IV. The proposed redesignation of the NCS Director as 
     the Assistant Secretary for Memorial Affairs would not affect 
     the salary level of the position, which would remain at 
     Executive Level IV.
       Although the proposed redesignation would require changes 
     in some forms and publications, we contemplate making these 
     changes as the documents are reordered or revised. For this 
     reason, and because the Director's salary level would not 
     change, no costs or savings are associated with this 
     proposal.
       The Office of Management and Budget has advised that there 
     is no objection to the submission of this draft bill from the 
     standpoint of the Administration's program.
           Sincerely yours,
                                                      Jesse Brown.
                                 ______
                                 
      By Mr. McCAIN (for himself, Mr. Coats, Mr. Stevens, Mrs. 
        Hutchison, Mr. Abraham, Mr. Ashcroft, and Mr. Lott):
  S. 2013. A bill to amend title 31, United States Code, to provide for 
continuing appropriations in the absence of regular appropriations; to 
the Committee on Appropriations.


                 the government shutdown prevention act

  Mr. McCAIN. Mr. President, today Senators Coats, Stevens, Hutchison, 
Abraham, Ashcroft, and myself are introducing the Government Shutdown 
Prevention Act. This bill would statutorily create what is in essence a 
permanent backup CR. This special CR would govern if any appropriations 
acts do not become law.
  We all saw the effects of gridlock last year. The Government shut 
down and millions of people were affected. We want to ensure that 
another Government shutdown does not occur.
  Mr. President, this permanent backup CR would set spending at the 
lower of spending levels contained in:
  First, the previous year's appropriated levels; second, the House 
passed appropriations bill; third, the Senate passed appropriations 
bill; fourth, the President's Budget request; or fifth, any levels 
established by an independent CR passed by the Congress subsequent to 
the passage of this Act.
  The bill specifically notes that entitlements such as Social 
Security--as obligated by law--will be paid regardless of what 
appropriations bills are passed. I want to emphasize that entitlements 
are protected.
  This legislation does not erode the power of the appropriators and 
gives

[[Page S9435]]

them ample opportunity to do their job. As a matter of fact, we hope 
that Senators will realize that if they load up appropriations bills 
with nonrelated riders--which causes gridlock--that this permanent CR 
will kick in.
  I want to especially note the support of my good friend Senator 
Stevens. The Senator from Alaska is a senior member of the 
Appropriations Committee. His support of this bill is crucial and I 
thank him for it.
  Mr. President, last year's Government shutdown hurt many. Many needed 
social services could not be offered. We must prevent that from 
occurring. Additionally, it cost the Government a considerable amount 
of money. We cannot and should not waste the taxpayers dollars in that 
fashion.
  I want to raise one small example. During the last Government 
shutdown, I heard form people who work close to the Grand Canyon. These 
were not Government employees. They were independent small businessmen 
and women. They told me that the shutdown was costing them thousands of 
dollars because people couldn't go the park.
  The shutdown was not fair to them--it was not fair to anyone. This 
legislation would prevent a similar shutdown in the future. This bill 
will prevent gridlock, save money, and preserve needed Government 
services. I hope the Senate will soon act on this matter.
  I ask unanimous consent that the bill be printed in the Record.

                                S. 2013

       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 ``Government Shutdown 
     Prevention Act''.

     SEC. 2. AMENDMENT TO TITLE 31.

       (a) In General.--Chapter 13 of title 31, United States 
     Code, is amended by inserting after section 1310 the 
     following new section:

     ``Sec. 1311. Continuing appropriations

       ``(a)(1) If any regular appropriation bill for a fiscal 
     year does not become law prior to the beginning of such 
     fiscal year or a joint resolution making continuing 
     appropriations is not in effect, there is appropriated, out 
     of any moneys in the Treasury not otherwise appropriated, and 
     out of applicable corporate or other revenues, receipts, and 
     funds, such sums as may be necessary to continue any project 
     or activity for which funds were provided in the preceding 
     fiscal year--
       ``(A) in the corresponding regular appropriation Act for 
     such preceding fiscal year; or
       ``(B) if the corresponding regular appropriation bill for 
     such preceding fiscal year did not become law, then in a 
     joint resolution making continuing appropriations for such 
     preceding fiscal year.
       ``(2) Appropriations and funds made available, and 
     authority granted, for a project or activity for any fiscal 
     year pursuant to this section shall be at a rate of 
     operations not in excess of the lower of--
       ``(A) the rate of operations provided for in the regular 
     appropriation Act providing for such project or activity for 
     the preceding fiscal year,
       ``(B) in the absence of such an Act, the rate of operations 
     provided for such project or activity pursuant to a joint 
     resolution making continuing appropriations for such 
     preceding fiscal year,
       ``(C) the rate of operations provided for in the House or 
     Senate passed appropriation bill for the fiscal year in 
     question, except that the lower of these two versions shall 
     be ignored for any project or activity for which there is a 
     budget request if no funding is provided for that project or 
     activity in either version,
       ``(D) the rate provided in the budget submission of the 
     President under section 1105(a) of title 31, United States 
     Code, for the fiscal year in question, or
       ``(E) the annualized rate of operations provided for in the 
     most recently enacted joint resolution making continuing 
     appropriations for part of that fiscal year or any funding 
     levels established under the provisions of this Act.
       ``(3) Appropriations and funds made available, and 
     authority granted, for any fiscal year pursuant to this 
     section for a project or activity shall be available for the 
     period beginning with the first day of a lapse in 
     appropriations and ending with the earlier of--
       ``(A) the date on which the applicable regular 
     appropriation bill for such fiscal year becomes law (whether 
     or not such law provides for such project or activity) or a 
     continuing resolution making appropriations becomes law, as 
     the case may be, or
       ``(B) the last day of such fiscal year.
       ``(b) An appropriation or funds made available, or 
     authority granted, for a project or activity for any fiscal 
     year pursuant to this section shall be subject to the terms 
     and conditions imposed with respect to the appropriation made 
     or funds made available for the preceding fiscal year, or 
     authority granted for such project or activity under current 
     law.
       ``(c) Appropriations and funds made available, and 
     authority granted, for any project or activity for any fiscal 
     year pursuant to this section shall cover all obligations or 
     expenditures incurred for such project or activity during the 
     portion of such fiscal year for which this section applies to 
     such project or activity.
       ``(d) Expenditures made for a project or activity for any 
     fiscal year pursuant to this section shall be charged to the 
     applicable appropriation, fund, or authorization whenever a 
     regular appropriation bill or a joint resolution making 
     continuing appropriations until the end of a fiscal year 
     providing for such project or activity for such period 
     becomes law.
       ``(e) This section shall not apply to a project or activity 
     during a fiscal year if any other provision of law (other 
     than an authorization of appropriations)--
       ``(1) makes an appropriation, makes funds available, or 
     grants authority for such project or activity to continue for 
     such period, or
       ``(2) specifically provides that no appropriation shall be 
     made, no funds shall be made available, or no authority shall 
     be granted for such project or activity to continue for such 
     period.
       ``(f) For purposes of this section, the term `regular 
     appropriation bill' means any annual appropriation bill 
     making appropriations, otherwise making funds available, or 
     granting authority, for any of the following categories of 
     projects and activities:
       ``(1) Agriculture, rural development, and related agencies 
     programs.
       ``(2) The Departments of Commerce, Justice, and State, the 
     judiciary, and related agencies.
       ``(3) The Department of Defense.
       ``(4) The government of the District of Columbia and other 
     activities chargeable in whole or in part against the 
     revenues of the District.
       ``(5) The Departments of Labor, Health and Human Services, 
     and Education, and related agencies.
       ``(6) The Department of Housing and Urban Development, and 
     sundry independent agencies, boards, commissions, 
     corporations, and offices.
       ``(7) Energy and water development.
       ``(8) Foreign assistance and related programs.
       ``(9) The Department of the Interior and related agencies.
       ``(10) Military construction.
       ``(11) The Department of Transportation and related 
     agencies.
       ``(12) The Treasury Department, the U.S. Postal Service, 
     the Executive Office of the President, and certain 
     independent agencies.
       ``(13) The legislative branch.''.
       (b) Clerical Amendment.--The analysis of chapter 13 of 
     title 31, United States Code, is amended by inserting after 
     the item relating to section 1310 the following new item:

``1311. Continuing appropriations.''.

       (c) Protection of Other Obligations.--Nothing in the 
     amendments made by this section shall be construed to effect 
     Government obligations mandated by other law, including 
     obligations with respect to Social Security, Medicare, and 
     Medicaid.

     SEC. 3. EFFECTIVE DATE AND SUNSET.

       (a) Effective Date.--The amendments made by this Act shall 
     apply with respect to fiscal years beginning with fiscal year 
     1997.
       (b) Sunset.--The amendments made by this Act shall sunset 
     and have no force or effect 6 years after the date of 
     enactment of this Act.

  Mr. COATS. Mr. President, I rise today with my colleague and friend, 
Senator John McCain, to introduce The Government Shutdown Prevention 
Act. This legislation will create a statutory continuing resolution 
[CR] that will ensure that the Government will not shut down again--
ever.
  The lessons from last year are clear. The public expects us to debate 
our differences vigorously but they don't want our differences to 
overwhelm our basic responsibility to govern. No one wins when the 
Government shuts down. Shutdowns only confirm the American people's 
suspicions that we are more interested in political gain than doing the 
Nation's business. People are tired of gridlock. They want the 
Government to work for them--not against them.
  I believe the legislation we are introducing today will go a long way 
toward ensuring that we do not once again disappoint the American 
people. Last year, the Republican Congress tried to do the right thing. 
We passed fiscally sound appropriations bills and the first balanced 
Federal budget in a generation. Unfortunately, President Clinton was 
more interested in playing politics with the budget. President 
Clinton's irresponsible vetoes of numerous appropriations bills and a 
continuing resolution shut the Federal Government down. It is time to 
show the American people we can do better.
  Now, we all know that the fiscal year ends on September 30 and we 
also know that day is approaching very quickly. Although the 
appropriators are working very diligently, the appropriations process 
is nowhere near complete. Not one of the appropriations bills has even

[[Page S9436]]

been sent to the President. My fear is that we are rapidly approaching 
a politically sensitive deadline in a political year--a virtual 
invitation for more budget gamesmanship on the part of the President.
  Our legislation preempts this gamesmanship by a safety net CR that 
will allow the Government to operate even if the appropriations process 
is not complete and even if negotiations on a larger CR are stalled.
  Neither party can afford another break of faith with the American 
people. Our constituents are tired of constantly being disappointed by 
the actions of Congress and the President. They are tired of us not 
being prepared for what appears to be the inevitable. This is why 
Senator McCain and I have introduced this legislation. We want the 
American people to know that there are some of us in Congress who are 
thinking ahead and who do not want a replay of last year.

  Both Senator McCain and myself have been vigilant in our fight 
against wasting the taxpayers dollars. The legislation will save 
taxpayer dollars because the Government programs will be funded at the 
lowest of the following spending levels:
  The previous year's appropriation bill or CR;
  The House-passed level;
  The Senate-passed level;
  The President's budget request; or
  The level outlined in the most recent CR.
  This legislation will restore the bias in appropriations negotiations 
toward saving the taxpayers money not spending it. It is worth noting 
that last year every time Congress went to the negotiating table the 
President demanded more money. Although Congress saved the taxpayer 
nearly $19 billion last year, without President Clinton's demands we 
could have saved $27 billion. Passage of this legislation will 
guarantee that we are not faced with a choice between a Government shut 
down and spending taxpayer dollars irresponsibly.
  Finally, the hammer of very low funding levels will keep pressure on 
both ends of Pennsylvania Avenue and both parties to get the 
appropriations work done.
  Again, this is a preventative measure to ensure that politics or 
stalled negotiations will not stop Government operations. The time has 
come to show the American people that we will not allow a Government 
shut down, or the threat of a Government shutdown, to be used for 
political gain.
  Time is running out. September 30 will be here in just 2 short 
months. We must be prepared in case election year politics get in the 
way of funding the Government. Senator McCain and I will be offering 
this legislation as an amendment to the first appropriations bill the 
Senate turns to following the recess. Let's not continue to disappoint 
an already disenchanted electorate. The time has come to take control 
and pass this legislation.
                                 ______
                                 
      By Mr. JOHNSTON (for himself and Mr. Breaux):
  S. 2014. A bill to authorize the Secretary of the Interior to acquire 
property adjacent to the city of New Orleans, Orleans Parish, LA, for 
inclusion in the Bayou Sauvage National Wildlife Refuge, and for other 
purposes; to the Committee on Environment and Public Works.


         the bayou sauvage national wildlife refuge act of 1996

 Mr. JOHNSTON. Mr. President, I introduce a measure that would 
be the culmination of many years of negotiation and effort on the part 
of a number of interested individuals in my State of Louisiana.
   Mr. President, the State of Louisiana is rich in wildlife and 
wildlife habitat, the flora and fauna of legend. The State is also home 
to numerous wildlife refuges, including the Bayou Sauvage National 
Wildlife Refuge, which is the subject of my statement today.
  Bayou Sauvage is located in east Orleans Parish, LA, almost entirely 
within the corporate limits of the city of New Orleans and 
approximately 18 miles east of the central business district. It has 
the distinction of being the largest expanse of coastal wetlands in the 
United States that is easily accessible to city dwellers.
  The refuge was created in 1986 by legislation sponsored by then 
Congressman John Breaux and Representative Lindy Boggs. The measure 
authorized the refuge at 19,000 acres. In 1993, fee title had been 
acquired on 18,397 acres. An additional 4,373 acres was under 
management lease from the Conservation Fund and the city of New 
Orleans.
  After discussions with the city, the Conservation Fund and private 
individuals with interests in the additional acreage, I am pleased to 
report that a critical stage of acquisition is now ready to go forward. 
The acreage which is the subject of this legislation is key to the 
ability of the managers of Bayou Sauvage to achieve specific goals, 
including enhancing the population of migratory, shore, and wading 
birds; encouraging natural diversity of fish and wildlife species; 
protecting endangered and threatened species; and providing 
opportunities for scientific research and environmental education on 
ecological and wetland values to the public.
   Mr. President, this is an important milestone for Bayou Sauvage 
National Wildlife Refuge, and I urge this body to support the 
completion of this long effort to protect a wonderful treasure for the 
people of Louisiana, and the Nation.
   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. 2014

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

     SECTION 1. REFUGE EXPANSION.

       Section 502 of the Emergency Wetlands Resources Act of 1986 
     (P.L. 99-645; 100 Stat. 3590), is amended by inserting 
     following the first sentence in subsection (b)(1) the 
     following sentence:
       ``In addition, the Secretary is authorized to acquire, 
     within such period as may be necessary, an area of 
     approximately 4,228 acres, consisting of approximately 3,928 
     acres located north of Interstate 10 between Little Woods and 
     Pointe-aux-Herbes and approximately 300 acres south of 
     Interstate 10 between the Maxent Canal and Michoud Boulevard 
     that contains the Big Oak Island archeological site, as 
     depicted upon a map entitled ``Bayou Sauvage National 
     Wildlife Refuge Expansion'', dated August, 1996 and on file 
     with the United States Fish and Wildlife Service.''

     SEC. 2. NAME CHANGE.

       Section 502 of the Emergency Wetlands Resources Act of 1986 
     (P.L. 99-645; 100 Stat. 3590), is further amended by deleting 
     the word ``Urban'' wherever it appears in the 
     section.
                                 ______
                                 
      By Mr. DOMENICI:
  S. 2015. A bill to convey certain real property located within the 
Carlsbad project in New Mexico to the Carlsbad Irrigation District; to 
the Committee on Energy and Natural Resources.


                      carlsbad project legislation

  Mr. DOMENICI. Mr. President, today I am introducing legislation that 
will convey tracts of land, referred to as ``acquired lands,'' to the 
Carlsbad Irrigation District in New Mexico.
  This bill is a culmination of over a year's worth of work, addressing 
concerns that were raised over legislation that Senator Craig and I 
introduced early last year.
  That legislation used a generic approach to direct the Secretary of 
the Interior to convey these acquired lands to the beneficiary 
districts, when those districts had completed their contractual 
obligations to the United States for project construction.
  The administration is on record in support of the idea of transfer of 
facilities to the beneficiaries, ``where it makes sense,'' but it 
opposed that legislation, in part because of the generic nature in 
which it was drafted.
  I hope that the legislation I am introducing today will address the 
administration's concerns with the earlier bill.
  It is specific to the Carlsbad project in New Mexico, and directs the 
Carlsbad Irrigation District to continue to manage the lands as they 
have been in the past, for the purposes for which the project was 
constructed.
  This bill also protects the interests that the State of New Mexico 
has in some of those lands, and a companion bill introduced in the 
House by Congressman Joe Skeen has the full support of the Governor and 
the various Cabinet Secretaries who oversee those interests.
  Finally, this legislation will return project lands, which were at 
one time held by the beneficiaries of the Carlsbad project and its 
predecessor, to the Carlsbad Irrigation District.
  Mr. President, I encourage my colleagues to support this legislation, 
and

[[Page S9437]]

ask unanimous consent 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. 2015

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

     SECTION 1. CONVEYANCE.

       (a) Operation of Law.--
       (1) In general.--Except as provided in paragraph (2), and 
     subject to the conditions set forth in subsection (c) and 
     section 2(b), all right, title, and interest of the United 
     States in and to the lands described in subsection (b) (in 
     this Act referred to as the ``acquired lands'') in addition 
     to all interests the United States holds in the irrigation 
     and drainage system of the Carlsbad Project and all related 
     lands including ditch rider houses, maintenance shop and 
     buildings, and Pecos River Flume are hereby conveyed by 
     operation of law to the Carlsbad Irrigation District (a 
     quasi-municipal corporation formed under the laws of the 
     State of New Mexico and referred to in this Act as the 
     ``District'').
       (2) Limitations.--
       (A) In case of a tract of acquired land on which is located 
     any dam, or reservoir diversion structure, conveyance to the 
     District is limited to the right, title, and interest of the 
     United States in and to the mineral estate.
       (B) The United States shall retain storage and flow 
     easements for any tracts located under the maximum spillway 
     elevations of Avalon and Brantly Reservoirs.
       (b) Acquired Lands Described.--The lands referred to in 
     subsection (a) are those lands (including the surface and 
     mineral estate) in Eddy County, New Mexico, described as the 
     acquired lands in section (7) of the ``Status of Lands and 
     Title Report: Carlsbad Project'' as reported by the Bureau of 
     Reclamation in 1978.
       (c) Terms and Conditions of Conveyance.--Any conveyance of 
     the acquired lands under this Act shall be subject to the 
     following terms and conditions:
       (1) The acquired lands shall continue to be managed and 
     used by the District for the purposes for which the Carlsbad 
     Project was authorized, consistent with existing management 
     of such lands.
       (2) Except as provided in paragraph (3), the District shall 
     assume all rights and obligations of the United States 
     under--
       (A) the agreement dated July 28, 1994, between the United 
     States and the Director, New Mexico Department of Game and 
     Fish (Document No. 2-LM-40-00640), relating to management of 
     certain lands near Brantley Reservoir for fish and wildlife 
     purposes,
       (B) the agreement dated March 9, 1977, between the United 
     States and the New Mexico Department of Energy, Minerals, and 
     Natural Resources (Contract No. 7-07-57-X0888) for the 
     management and operation of Brantley Lake State Park.
       (3) Exceptions.--
       (A) The District shall not be obligated for any financial 
     support associated with either agreement under paragraph (2).
       (B) The District shall not be entitled to any revenues 
     generated by the operation of Brantley Lake State Park.

     SEC. 2. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE 
                   ACQUIRED LANDS.

       (a) Identification and Notification of Leaseholders.--
     Within 45 days after the date of enactment of this Act, the 
     Secretary of the Interior shall provide to the District a 
     written identification of all mineral and grazing leases in 
     effect on the acquired lands on the date of enactment of this 
     Act, and the Secretary of the Interior shall notify all 
     leaseholders of the conveyance made by this Act.
       (b) Management of Mineral and Grazing Leases.--Upon 
     conveyance, the District shall assume all rights and 
     obligations of the United States for all mineral and grazing 
     leases on the acquired lands, and shall be entitled to any 
     revenues from such leases accruing after such date. The 
     District shall continue to adhere to the current Bureau of 
     Reclamation mineral leasing stipulations for the Carlsbad 
     Project.
       (c) Availability of Amounts Paid into Reclamation Fund.--
     Receipts paid into the reclamation fund which now exist as 
     credits to the Carlsbad Project under the Mineral Lands 
     Leasing Act of 1920 (30 U.S.C. 181 et seq.), shall be made 
     available to the District under the distribution scheme set 
     forth in section (4)(I) of the Act of December 5, 1924 (43 
     U.S.C. 501; commonly referred to as the ``Fact Finders Act of 
     1924'').
                                 ______
                                 
      By Mr. DORGAN (for himself, Mr. Byrd, Mr. Heflin, Mr. Campbell, 
        Mr. Wellstone, Mr. Hollings, Mr. Inouye and Mr. D'Amato):

  S. 2016. A bill to assess the impact of the NAFTA, to require further 
negotiation of certain provisions of the NAFTA, and to provide for the 
withdrawal from the NAFTA unless certain conditions are met; to the 
Committee on Finance.


                      The NAFTA Accountability Act

  Mr. DORGAN. Mr. President, the North American Free Trade Agreement 
has been a colossal failure. It epitomizes what is wrong with our 
nation's trade policies.
  This Nation has focused practically all of its efforts on achieving 
some theoretical system of free trade, without giving any real 
attention to whether what is advanced also provides fair trade and fair 
competition. We open our borders and provide access to our markets, 
without ensuring that at the same time there will be reciprocal trading 
opportunities with our trading partners.
  NAFTA has not produced the results that were projected. It has not 
lived up to its promises. Since NAFTA took effect our trade deficit 
with Canada and Mexico has ballooned by 368 percent.
  Today, Canada and Mexico are the third and fourth largest trade 
deficits for the United States. Rather than stopping the flight of 
American jobs, it has accelerated the loss of jobs to our closest 
trading partners.
  Today, I am reintroducing the NAFTA Accountability Act. This bill 
establishes benchmarks for measuring whether or not NAFTA has lived up 
to its promises. If it doesn't then the bill outlines the procedure for 
withdrawing from NAFTA.
  In reintroducing this bill we are updating some of the information in 
the findings and we are adding a section on highway safety. In 
addition, we are adding a number of co-sponsors. Senators D'Amato, 
Inouye, Hollings, and Wellstone are joining the list of original co-
sponsors, including Senators Byrd, Heflin, and Campbell.
  The companion bill on the House side, sponsored by Representative 
Marcy Kaptur now has 107 co-sponsors.


                    Trade Deficits Continue to Grow

  One of the untold stories of NAFTA is the growing trade deficit with 
Canada. Prior to NAFTA, the merchandise trade deficit was over $10 
billion in 1993. In 1994 it grew to $14 billion, and last year it hit a 
record of almost $19 billion. In the first 5 months of this year, our 
trade deficit with Canada is already at almost $9 billion. At this pace 
the trade deficit this year can be expected to be over $21 billion.
  The change in our trade position with Mexico is even more dramatic. 
Prior to NAFTA our trade surplus with Mexico peaked in 1992 at $5.4 
billion. It then dropped to $1.6 billion in 1993. In the first year of 
NAFTA, the positive trade balance with Mexico dropped to $1.4 billion. 
In the second year of NAFTA, we ended up with a $15.4 billion trade 
deficit.
  Much has been said about the role of the devaluation of the peso as 
the cause of this dramatic turn-around in trade flows with Mexico. The 
reality is that the problems of the overvalued Mexican peso were well 
known at the time of the passage of NAFTA.
  Yet, there was nothing in NAFTA that provided any means to address 
the question of rapid changes in currency values. Our bill would 
require the opportunity for renegotiation in such circumstances.
  This year the trade deficit with Mexico has already reached almost $7 
billion during the first 5 months. At this pace, it will be very close 
to last year's record level of $15 billion.
  Since NAFTA took effect, the United States has recorded a $42 billion 
trade deficit with Canada in the 2 years and 5 months for which we have 
statistics. During that time we have recorded a $20 billion deficit 
with Mexico.
  We have accumulated a total trade deficit of $62 billion with these 
trading partners since NAFTA started regulating these trade 
relationships. In other words our trade deficit with our NAFTA partners 
is draining over $2 billion a month from our national economy. These 
trade deficits have serious consequences for our country.


                      U.S. Job Losses Due To NAFTA

  Today a study by Rob Scott on the relationship between NAFTA and jobs 
was released by the Economic Policy Institute. This study reveals that 
the trade deficits we have had during the first 2 years of NAFTA has 
meant a loss of almost a half-million jobs and job opportunities for 
American workers.
  The study shows that as a result of our trade imbalance with Canada, 
we have lost 200,026 jobs during the past 2 years. In the same period 
the trade deficit with Mexico has meant a loss of 283,607 jobs. The 
total loss of jobs and job opportunities is 483,633.
  When NAFTA was being debated, the predictions were that the United

[[Page S9438]]

States would gain something between 120,000 and 220,000 jobs. Now 2 
years later, the reality is that our trade relationships under NAFTA 
have cost this country 484,000 jobs.


                         Jobs Moving to Mexico

  One week ago I co-chaired the Families First Forum here in the 
Nation's Capitol. At that forum, a union worker in North Carolina told 
us about the upcoming closing of his plant. That plant closing was to 
be completed today and the jobs moved to Mexico.
  This is a plant that produces electrical transformers. These are the 
transformers that hang from electrical poles, sit on pads on the 
ground, and even some units that are made for use underground.
  They have been producing transformers at that plant for 40 years, and 
have been a profitable operation for most of those years. There are 343 
hourly workers and 250 salaried workers who today no longer have a job.
  These workers will no longer be able to be employed using the skills 
they have learned and developed in building electrical transformers. 
Their jobs our moving to Monterrey, Mexico, to a facility that pays 
workers less than a $1 per hour.
  There is another small industry in this country. It's scattered 
around in rural communities in the heart of the corn belt. This 
industry is dominated by small family business operations which make 
the brooms that we use to sweep out our houses. The future of this 
industry is in doubt.
  Stan Koschnick, manager of the France Broom Co., told a news 
reporter, ``I don't want to worry my employees too much when they open 
their newspapers, but I would guess if it was left unchecked, within 10 
years there wouldn't be any brooms made in the United States.''
  Kenneth Quinn, the retired president of the Quinn Broom Works, 
states, ``It's hard to say you can compete with somebody when they're 
paying 30 or 40 cents per hour. We can do everything better except for 
wages. We can't compete on wages.''
  Since NAFTA became reality, more than 200 jobs have been lost in this 
industry. These companies are paying in the neighborhood of $8 per hour 
to their workers. They are competing with Mexican workers who will be 
lucky to be paid $8 per day.
  The question is whether such wage competition is good for our 
country. There are those who would say we are raising our standard of 
living by being able to buy a couple of cheaper brooms every year. 
However, what are we gaining if at the same time our wages are being 
lowered and our jobs are being lost?

  This industry may get a second chance, because last Friday the 
International Trade Commission recommended restoring a tariff on 
Mexican brooms. Earlier this month, the ITC determined that unfair 
competition from Mexican factories posed a serious threat to the 
domestic broom industry.
  The reason they are getting a second chance is that hidden away in 
the fine print of the NAFTA agreement was a provision that allowed 
tariffs to be restored if the U.S. broom industry got hurt. Other 
industries are not so lucky, and don't have such provisions. They are 
being swept under.


                   Industries Experiencing Job Losses

  Let's take a closer look at the industries in which we are losing 
jobs and job opportunities under NAFTA. The study released today by the 
Economic Policy Institute provides some estimates of where we are 
losing jobs.
  Our exports to Mexico have been mostly capital goods and intermediate 
inputs which are used to build and supply factories that assemble final 
products for export back to the United States.
  With Mexico, we have lost over 85,000 jobs and job opportunities in 
auto, auto parts, and vehicles. Another 60,000 jobs were lost in 
electrical equipment, such as televisions and other electronic 
equipment. Over 26,000 jobs in nonelectrical machinery and 20,000 jobs 
in scientific and professional equipment were lost to Mexico.
  In our trade with Canada, we have lost over 53,000 jobs and job 
opportunities in the paper and allied products industry. We have also 
lost jobs in autos, auto parts, and vehicles to Canada. This accounts 
for some 38,000 jobs. Another industry where we have lost jobs and job 
opportunities to Canada has been in the production of primary metal 
products. That is a loss of 26,000 jobs.
  Now, these are not what is normally considered unskilled jobs. These 
are jobs that traditionally have paid good salaries and provided an 
industrial base for our country.
  The fact is that manufacturing jobs have been the hardest hit within 
the trade framework established by NAFTA. According to the Economic 
Policy Institute, 73 percent of the jobs lost to our NAFTA trading 
partners have been lost in the manufacturing sector.
  That should be of great concern to this country. Our manufacturing 
base has been what has provided good paying jobs for the bulk of 
American families. As we shift to buying more and more of our 
manufactured goods from beyond our own borders, we are also 
experiencing both a shift in jobs and an overall loss in jobs.
  According to the EPI study, the United States has had a net loss of 
483,633 jobs to our NAFTA trading partners since NAFTA took effect. 
That reflects an total job loss of 883,717 jobs, while our trade with 
Canada and Mexico created 400,085 jobs. Since almost three-quarters of 
the net job losses were in the manufacturing sector, this further 
underscores that we are losing our better paying jobs.


                            NAFTA Benchmarks

  As a nation we need to begin systematically measuring how our trade 
agreements are doing. Are they living up to their promises?
  Are they providing mutually beneficial reciprocal opportunities that 
strengthen the economies of the participating countries? Are they 
helping to improve the standard of living in each of the countries or 
are they pitting one nation against another down to the lowest common 
denominator?
  Those are the type of questions we are asking within the NAFTA 
Accountability Act. We are asking these questions in nine specific 
areas. In three areas we are requiring some renegotiation of NAFTA so 
it can deal with issues of significant trade deficits, currency 
exchange rates, and agricultural trade distortions.
  The other six areas are matters of ensuring that the results are 
measured and certified. These include certifications in maintaining our 
manufacturing base; highway safety; health and environmental standards; 
jobs, wages, and living standards; rights and freedoms; and, 
controlling drug trafficking.
  We need to make NAFTA accountable. If it doesn't measure up then we 
need to withdraw from it. We need trade agreements that work. America 
can no longer afford trade agreements that work against our long-term 
economic interests.
  That is why I am pleased to be reintroducing this bill. I am also 
pleased that my colleagues, Senators Byrd, Heflin, Campbell, Wellstone, 
Hollings, Inouye, and D'Amato are joining in this effort to make NAFTA 
accountable.

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