[Congressional Record Volume 143, Number 56 (Monday, May 5, 1997)]
[Senate]
[Pages S3960-S3967]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. MURKOWSKI:
  S. 691. A bill entitled the ``Public Land Management Participation 
Act of 1997''; to the Committee on Energy and Natural Resources.


          THE PUBLIC LAND MANAGEMENT PARTICIPATION ACT OF 1997

  Mr. MURKOWSKI. Mr. President, I will take this opportunity to rise 
this afternoon to introduce a very important piece of legislation that 
I know the occupant of the chair will find interesting. It is called 
the Public Land Management Participation Act of 1997.
  This legislation is intended to put the word ``public'' and the 
populace back into public land management and the word ``environment,'' 
back into environmental protection.
  Passage of this act will ensure that all the gains that we made over 
the past quarter of a century in creating an open, participatory 
Government which affords strong environmental protection for our public 
lands are really protected.
  For those who thought that those battles were fought and won with the 
passage of the National Environmental Protection Act in 1969 and the 
Federal Land Policy Management Act in 1976, I have some bad news. There 
is one last battle to be fought.
  Standing in this very Chamber on January 20, 1975, Mr. President, 
Senator Henry ``Scoop'' Jackson of Washington State spoke to the 
passion Americans feel for their public lands. He said:

       The public lands of the United States have always provided 
     the arena in which we Americans have struggled to fulfill our 
     dreams. Even today dreams of wealth, adventure, and escape 
     are still being acted out on those far-flung public lands. 
     These lands and the dreams--fulfilled and unfulfilled--which 
     they foster are part of our national destiny. They belong to 
     all Americans.

  I quote and emphasize, Mr. President, ``They belong to all 
Americans.''
  Amazingly--there exist today legal authorities by which the 
President, without the public process or congressional approval, can 
create vast land management units called national monuments, world 
heritage sites, and biospheric reserves.
  Special management units which affect how millions of acres of our 
public lands are managed. What people can do on those lands is also 
affected, what the future will be for surrounding communities.
  That is a powerful trust to bestow on anyone, even a President.
  On September 12, 1996, the good people of Utah woke up to find 
themselves the most recent recipient of a philosophy that says, ``Trust 
us. We are from the Government, and we know what is best for you.'' On 
that day, standing not in Utah but in the State of Arizona, our 
President invoked the 1906 Antiquities Act to create 1.7 million acres 
of national monument in southern Utah.
  Notice, Mr. President, he did not do this in Utah. He did it in 
Arizona. One can only assume he might have had some protests if he had 
done it in Utah. The withdrawal, however, took place in Utah. It 
created a 1.7 million acre national monument in the southern part of 
the State. By utilizing this antiquated law, the President was able to 
avoid--that's right, avoid--Nation's environmental laws and ignore 
public participation laws as well. With one swipe of the pen, every 
shred of public input and environmental law promulgated in this country 
over the past quarter of a century was shoved into the trash heap of 
political expediency.
  What happened in Utah last fall is but the latest example of a small 
cadre of administration officials deciding for all Americans how our 
public lands should be used. It is by no means the only one, Mr. 
President. As the Senator from Alaska, I have had a great deal of 
personal experience in this area.
  In 1978, President Jimmy Carter created 17 national monuments in 
Alaska covering more than 55 million acres of lands. That is an area 
about the size of South Carolina. He withdrew these lands, with the 
stroke of his pen--no public process, no hearing, no participation from 
the State. This was then followed in short order by Secretary of the 
Interior Cecil Andrus, who withdrew an additional 50 million. A total 
of 105 million acres, Mr. President. All this land was withdrawn for 
multiple use without any input from the people of my State, the public, 
or the Congress of the United States. With over 100 million acres of 
withdrawn land held over Alaska's head, like the sword of Damocles; we 
were forced to cut the best deal we could. Twenty years later, the 
people of my State are still struggling to cope with the weight of 
these decisions.

  I would not be here this afternoon if the public, the people of Utah 
and Congress, had not been denied a voice in the creation of the Grand 
Staircase-Escalante National Monument. I would not be here if 
environmental protection procedures had not been ignored.
  But the people were denied the opportunity to speak. Mr. President, 
Congress was denied its opportunity to participate, and environmental 
procedure was simply ignored. The only voice we have heard was the 
President's. Without bothering to ask us what we thought about it, he 
told the citizens of Utah and the rest of the country that he knew 
better than we did what was good for us.
  Now, this is an administration that prides itself in a public 
process. There was no public process here, Mr. President. We had been 
debating for some time the issue of Utah wilderness. It was ongoing, 
but the President, for political expediency, took it upon himself to 
invoke the Antiquities Act. It has been a long time since anyone has 
had the right to make those kind of unilateral public land decisions 
for the American public. Since the passages of the Federal Land Policy 
and Management Act in 1976, we have had a system of law underpinning 
public land use decisions. Embodied with this law is public 
participation. Agencies propose an action, they present the action to 
the public, the public debates the issue. The public can then appeal 
bad decisions, the courts resolve the disputes, and the management unit 
is then created.
  Where was this public process, Mr. President, in the special use 
designation of 1.7 million acres of Federal land in southern Utah? The 
answer is clear: There wasn't any. Since the passage of the National 
Environmental Policy Act

[[Page S3961]]

of 1969, activities which affect the environment are subject to strict 
environmental laws. Does anyone believe there was no environmental 
threat posed by the creation of a national monument?
  Imagine how the sensitive natural features of the high desert 
environment would respond to the rhythmic pounding of unlimited hiking 
boots worn by legions of adoring visitors as they tromp through the 
area. Where is the NEPA compliance documentation associated with this 
action? There is not any.
  The creation of specialized public use designations such as national 
parks and wilderness areas are debated within the Halls of Congress, 
right here. These debates provide for the financial and legal 
responsibilities which come with the creation of special management 
units.
  Where are the proceedings from those debates? There aren't any, Mr. 
President. They simply don't exist because, in the heat of an election 
year, the administration determined that the public process, 
environmental analyses and congressional deliberations were simply a 
waste of time.
  Mr. President, either you believe in a public process or you do not; 
you can't have it both ways. If we can no longer trust the 
administration to involve the public in major land use decisions, then 
where does it fall? It falls right here to the Congress.
  Mr. President, the legislation which I offer today will require any 
future designations of national monuments, world heritage sites, or 
biospheric reserves to follow the public participation principles laid 
down under existing law over the past 25 years. No poetic images, no 
flowery words, no smoke and mirrors, just good old-fashioned public 
land management process.
  Before these special land management units can be created, my 
legislation will require that the agencies gather and analyze resource 
data affected by the land use decisions; full public participation in 
the creation of these units with all appeal rights protected; 
compliance with the National Environmental Policy Act; congressional 
review and ratification, and Presidential signature.
  No longer will an administration be able to sidestep public 
participation and environmental reviews to further political agendas. 
Nobody--not even the President of the United States --should be above 
the law.
  The Public Land Management Participation Act will make all future 
land use decisions a joint responsibility of the public, the Congress, 
and the President--no more loopholes.
  I don't question the need for national monuments, world heritage 
sites, or biospheric reserves. Sometimes they are needed to protect 
historic treasures, natural resources, et cetera. But if they are to 
serve the common good, they must be created under the same system of 
land management law that has governed the use of the public domain for 
the past 25 years.
  There has always been a sacred bond between the American people and 
the lands they hold in common ownership. No one, regardless of high 
station or political influence, has the right to impose his will over 
the means by which the destiny of those lands is decided. This 
legislation reestablishes that bond.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 691

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Public Land Management 
     Participation Act of 1997.''

     SEC. 2. PURPOSE.

       The purpose of this Act is to ensure that the public and 
     the Congress have both the right and a reasonable opportunity 
     to participate in decisions that affect the use and 
     management of all public lands owned or controlled by the 
     Government of the United States.

     SEC. 3. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLE IN 
                   DECLARATION OF NATIONAL MONUMENTS.

       The Antiquities Act (16 U.S.C. 431a) is amended by adding 
     the following new section:
       ``431b. Public and Congressional Roles in National Monument 
     Declarations.--(a) The Secretaries of the Interior and 
     Agriculture shall provide an opportunity for public 
     involvement and by regulation shall establish procedures, 
     including public hearings where appropriate, to give Federal, 
     State, and local governments and the public, adequate notice 
     and opportunity to comment upon and participate in the 
     formulation of plans relating to the declaration of national 
     monuments upon the lands owned or controlled by the 
     Government of the United States pursuant to the authority of 
     the Antiquities Act (16 U.S.C. 431).
       ``(b) In addition, the Secretary of the Interior and 
     Agriculture shall, prior to any recommendations for 
     declaration of an area,
       ``(i) ensure compliance with all applicable federal land 
     management and environmental statutes, including the National 
     Environmental Policy Act (40 U.S.C. 4321-4370d);
       ``(ii) cause mineral surveys to be conducted by the 
     Geological Survey to determine the mineral values, if any, 
     that may be present in such areas;
       ``(iii) identify all existing rights held on federal lands 
     contained within such areas by type and acreage; and
       ``(iv) identify all State lands contained within such 
     areas.
       ``(c) After such reviews and mineral surveys, the Secretary 
     of the Interior or Agriculture shall report to the President 
     his recommendations as to what lands owned or controlled by 
     the Government of the United States warrant declaration as a 
     national monument.
       ``(d) The President shall advise the President of the 
     Senate and the Speaker of the House of Representatives of his 
     recommendations with respect to declaration as national 
     monuments of each such area, together with a map thereof and 
     a definition of its boundaries. Such advice by the President 
     shall be given within two years of the receipt of each report 
     from the Secretary. After the effective date of Public Land 
     Management Participation Act, a recommendation of the 
     President for declaration of a national monument shall become 
     effective only if so provided by an Act of Congress.''

     SEC. 4. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN 
                   WORLD HERITAGE SITE LISTING.

       Section 401 of the National Historic Preservation Act 
     Amendments of 1980 (16 U.S.C. 470a-1) is amended
       (1) in subsection (a) in the first sentence, by
       (A) inserting ``(in this section referred to as the 
     Convention)'' after ``1973''; and
       (B) inserting ``and subject to subsections (b), (c), (d), 
     (e), and (f)'' before the period at the end;
       (2) in subsection (b) in the first sentence, by inserting 
     ``, subject to subsection (d),'' after ``shall''; and
       (3) adding at the end the following new subsections:
       ``(d) If the area proposed for designation is not wholly 
     contained within an existing unit of the National Park 
     System, the Secretary of the Interior and Agriculture;
       ``(1) shall provide an opportunity for public involvement 
     and by regulation shall establish procedures, including 
     public hearings where appropriate, to give Federal, State, 
     and local governments and the public, adequate notice and 
     opportunity to comment upon and participate in the 
     formulation of plans relating to the designation of any lands 
     owned by the United States for inclusion on the World 
     Heritage List pursuant to the Convention.''
       ``(2) After such review, the Secretary of the Interior or 
     Agriculture shall report to the President his recommendations 
     as to what lands owned by the United States warrant inclusion 
     on the World Heritage List pursuant to the Convention.''
       ``(3) The President shall advise the President of the 
     Senate and the Speaker of the House of Representatives of his 
     recommendations with respect to the designation of any lands 
     owned by the United States for inclusion on the World 
     Heritage List pursuant to the Convention. Such advice by the 
     President shall be given within two years of the receipt of 
     each report from the Secretary. After the effective date of 
     Public Land Participation Management Act, a recommendation of 
     the President for designation of any lands owned by the 
     United States for inclusion on the World Heritage List shall 
     become effective only if so provided by an Act of Congress.''
       ``(e) The Secretary of the Interior or Agriculture shall 
     object to the inclusion of any property in the United States 
     on the list of World Heritage in Danger established under 
     Article 11.4 of the Convention unless
       ``(1) The Secretary has submitted to the Speaker of the 
     House and the President of the Senate a report describing the 
     necessity for including that property on the list; and
       ``(2) The Secretary is specifically authorized to assent to 
     the inclusion of the property on the list, by a joint 
     resolution of the Congress enacted after the date that report 
     is submitted.
       ``(f) The Secretary of the Interior and Agriculture shall 
     submit an annual report on each World Heritage Site within 
     the United States to the Chairman and Ranking Minority member 
     of the Committee on Resources of the House of Representatives 
     and the Committee on Energy and Natural Resources of the 
     Senate, that contains the following information for each 
     site:
       ``(1) An accounting of all money expended to manage the 
     site.
       ``(2) A summary of Federal full time equivalent hours 
     related to management of the site.
       ``(3) A list and explanation of all nongovernmental 
     organizations contributing to the management of the site.
       ``(4) A summary and account of the disposition of 
     complaints received by the Secretary related to management of 
     the site.''.

[[Page S3962]]

     SEC. 5. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN 
                   THE DESIGNATION OF UNITED NATIONS BIOSPHERE 
                   RESERVES.

       Title IV of the National Historic Preservation Act 
     Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by 
     adding at the end the following new section:
       ``Sec. 403. (a) No Federal official may nominate any lands 
     in the United States for designation as a Biosphere Reserve 
     under the Man and Biosphere Program of the United Nations 
     Educational, Scientific, and Cultural Organization.
       ``(b) Any designation of an area in the United States as a 
     Biosphere Reserve under the Man and Biosphere Program of the 
     United Nations Educational, Scientific, and Cultural 
     Organization shall not have, and shall not be given, any 
     force or effect, unless the Biosphere Reserve is specifically 
     authorized by an Act of Congress.
       ``(c) The Secretary of the Interior and Agriculture shall 
     provide an opportunity for public involvement and by 
     regulation shall establish procedures, including public 
     hearings where appropriate, to give Federal, State, and local 
     governments and the public, adequate notice and opportunity 
     to comment upon and participate in the formulation of plans 
     relating to the designation of any lands owned by the United 
     States as a Biosphere Reserve under the Man and Biosphere 
     Program of the United Nations Educational, Scientific, and 
     Cultural Organization.
       ``(d) After such review, the Secretary of the Interior or 
     Agriculture shall report to the President his recommendations 
     as to what lands owned by the United States warrant inclusion 
     as a Biosphere Reserve.
       ``(e) The President shall advise the President of the 
     Senate and the Speaker of the House of Representatives of his 
     recommendations with respect to the designation of any lands 
     owned by the United States for inclusion as a Biosphere 
     Reserve. Such advice by the President shall be given within 
     two years of the receipt of each report from the Secretary. 
     After the effective date of Public Land Participation 
     Management Act, a recommendation of the President for 
     declaration of a Biosphere Reserve shall become effective 
     only if so provided by an Act of Congress.
       ``(f) The Secretary of State shall submit an annual report 
     on each Biosphere Reserve within the United States to the 
     Chairman and Ranking Minority member of the Committee on 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate, that contains 
     the following information for each reserve:
       ``(1) An accounting of all money expended to manage the 
     reserve.
       ``(2) A summary of Federal full time equivalent hours 
     related to management of the reserve.
       ``(3) A list and explanation of all nongovernmental 
     organizations contributing to the management of the reserve.
       ``(4) A summary and account of the disposition of the 
     complaints received by the Secretary related to management of 
     the reserve.''
                                                                    ____


                 Section-by-Section Analysis of S. 691


                         section 1. short title

       Public Land Management Participation Act of 1977.


                           section 2. purpose

       To ensure that the public and the Congress have both the 
     right and a reasonable opportunity to participate in 
     decisions that effect the use and management of all public 
     lands owned or controlled by the Government of the United 
     States.


     section 3. clarification of public and congressional role in 
                   declaration of national monuments

       This section amends the Antiquities Act by adding language 
     that requires future National Monument Declarations be 
     proceeded by full public participation and Congressional 
     Ratification.
       3(a) Directs the Secretaries of Interior and Agriculture to 
     develop regulations that allow Federal, State, and local 
     governments and the public to comment on and participate in 
     the National Monument declaration process.
       3(b) Directs the Secretaries to conduct mineral surveys and 
     identify all existing rights on lands contained within 
     proposed National Monument boundaries.
       3(c) Authorizes the Secretaries of Interior and Agriculture 
     to make recommendations to the President lands which warrant 
     inclusion in a National Monument.
       3(d) Authorizes the President to make recommendations to 
     the Congress lands which warrant inclusion in a national 
     monument. Further states that no declaration of a monument 
     shall become effective until so provided by an Act of 
     Congress.


  section 4. clarification of public and congressional roles in world 
                         heritage site listing

       This section amends the National Historic Preservation Act 
     by adding language that requires future World heritage Site 
     designations be proceeded by full public participation and 
     Congressional ratification.
       d(1) Directs the Secretaries of Interior and Agriculture to 
     develop regulations that allow Federal, State, and local 
     governments and the public to comment on and participate in 
     the World Heritage Site Listing process.
       d(2) Authorizes the Secretaries of Interior and Agriculture 
     to make recommendations to the President lands which warrant 
     inclusion in a World heritage Site.
       d(3) Authorizes the President to make recommendations to 
     the Congress lands which warrant inclusion in a World 
     heritage Site. Further states that no declaration of a World 
     heritage Site shall become effective until so provided for by 
     an Act of Congress.
       (e) Directs the secretaries of Interior and Agriculture to 
     object to the inclusion of property in the United states on a 
     list of World heritage in Danger without explicit approval to 
     do so by a joint resolution of Congress.
       (f) Requires the Secretaries of Interior and Agriculture to 
     submit an annual report to Congress detailing the cost of 
     operating each World heritage Site, who contributed to the 
     management of the site, and how any complaints about the site 
     were handled.


   Section 5. Clarification of Public and Congressional Roles in the 
            Designation of United Nations Biosphere Reserves

       This section amends the National Historic Preservation Act 
     by adding language that requires future Biosphere Reserve 
     designations be proceeded by full public participation and 
     Congressional ratification.
       (c) Directs the Secretaries of Interior and Agriculture to 
     develop regulations that allow Federal, State, and local 
     governments and the public to comment on and participate in 
     the Biosphere Reserve declaration process.
       (d) Authorizes the Secretaries of Interior and Agriculture 
     to make recommendations to the President lands which warrant 
     inclusion in a Biosphere Reserve.
       (e) Authorizes the President to make recommendations to the 
     Congress lands which warrant inclusion in a national 
     monument. Further states that no declaration of a Biosphere 
     Reserve shall become effective until so provided for by an 
     Act of Congress.
       (e) Directs the secretaries of Interior and Agriculture to 
     object to the inclusion of property of the United states 
     without explicit approval to do so by a joint resolution of 
     Congress.
       (f) Requires the Secretaries of Interior and Agriculture to 
     submit an annual report to Congress detailing the cost of 
     operating the site, who contributed to the management of the 
     site, and how any complaints about the site were handled.
                                 ______
                                 
      By Mr. REID:
  S. 692. A bill to require that applications for passports for minors 
have parental signatures; to the Committee on Foreign Relations.


                          PASSPORT LEGISLATION

  Mr. REID. Mr. President, today I rise to introduce legislation which 
will help resolve a serious problem that plagues this Nation. Last 
year, and unless we do something this year, 1,000 young boys and girls 
will be abducted from their home and taken to foreign countries. Most 
of them will never come back to this country. These are young people 
who have every right to be in this country, but one of their parents 
gets a passport and takes them someplace.
  This legislation I am introducing involves a young boy by the name of 
Mikey Kale. His father was Croatian. His father got a passport signed--
not notifying the mother--and went to Croatia. This is one of the happy 
endings of these stories. This young boy was allowed to come home with 
his mother--not allowed to come home. She went through a lot of time 
and effort and spent a lot of money to get him so she could bring him 
home.
  Most of the time the children never return. For example, Mr. 
President, this last week on ABC's ``Prime Time,'' they featured a case 
very similar to the Mikey Kale case, a case that involved a mother who 
took a daughter to Costa Rica. She did not have custody of the child. 
Sole custody was awarded to the father. A warrant was issued for her 
arrest. For more than 3 years this father has searched, and suffered, 
trying to get back his daughter. He has been unable to do so. It 
appears, even pursuant to that television program, that they know where 
the child is, but because of the complexity of the law in Costa Rica, 
the child has not been allowed to return.
  Extradition law, generally, does not include child abduction. So most 
parents are stymied. I repeat, 1,000 young boys and girls each year are 
abducted in this manner. Usually, these abductions take place during or 
after a contentious divorce, sometimes even by an abusive parent, many 
times by an abusive parent. At a time when these children are most 
vulnerable and most uncertain about their future, they are snatched and 
taken to a foreign country.
  The tragedy of this wrong is best illustrated by an ordeal forced 
upon people from the State of Nevada. No family should have to go 
through what

[[Page S3963]]

Fred and Barbara Spierer went through in 1993. Barbara's ex-husband 
obtained a passport for 6-year-old Mikey without Barbara's knowledge, 
consent or approval. On Valentine's Day, 1993, he abducted Mikey, 
boarded an airplane, and left for his country of Croatia, his native 
country. At that time, that country was, for lack of a better 
description, in a state of war. After tremendous emotional and 
financial efforts, the Spierers were able to get Mikey to come home.
  I stress, this problem is more common than we would like to think. It 
has been suggested that we do something about it. This legislation will 
do that. What, in effect, this legislation would do is say if you are 
going to take a child outside the United States, you must have the 
signatures of both parents. If one parent has custody, then only that 
signature is required. If there is joint custody, it would take both 
signatures. It is not difficult to get the signatures of both parents 
to take a child outside the country. Thousands of parents throughout 
the United States are currently undergoing the same emotional and 
financial stress that the Spierers experienced. This simple change in 
the law would prevent future agony and distress.
  As I indicated, Mr. President, few parents are as fortunate as the 
Spierers. Few will ever see their children again. Recovery rates for 
children, once they are in a foreign country, are extremely low. It is 
a sad fact that once a child leaves the United States, it is nearly 
impossible to get the child returned as most nations do not recognize 
custody orders from the U.S. courts.
  As I said, most extradition treaties do not cover international 
parental abductions. Experience shows that foreign governments are 
generally reluctant to extradite parental abductors. Often when facing 
extradition, the abducting parents will hide the child with a friend or 
relative in a foreign country or even go to another foreign country, 
complicating things even more. This action prevents the child from ever 
being returned.
  At any rate, getting a child returned in the United States is 
extremely expensive, far beyond the resources of most families. Many 
families have to spend in excess of $50,000 just in lawyers trying to 
retrieve their children, often, to no avail. Prevention is the only 
feasible way of dealing with international parental abductions. The 
best way to prevent international parental abductions is to make it 
more difficult for parental abductors to obtain passports for the minor 
children.
  The aim of the Mikey Kale Passport Notification Act is prevention. It 
prevents parental abductors from obtaining U.S. passports for their 
minor children. This, Mr. President, seems the least we could do.
                                 ______
                                 
      By Mr. D'AMATO:
  S. 693. A bill to amend the Internal Revenue Code of 1986 to provide 
that the value of qualified historic property shall not be included in 
determining the taxable estate of a decedent; to the Committee on 
Finance.


                THE ESTATE TAX HISTORY PRESERVATION ACT

 Mr. D'AMATO. Mr. President, I introduce legislation that will 
provide a new tax incentive for qualifying owners of national historic 
landmark houses that will encourage the preservation and public 
accessibility to these houses. It is designed to prevent private owners 
of historical properties from being forced to sell because of concern 
over the financial burden of Federal estate taxes.
  Under current law, the value of historical property is included in 
determining the taxable estate of a decedent. This raises serious 
concerns to families that are maintaining and opening to the public 
these architectural historical homes. They are sharing these treasures 
with our Nation. To force the operation of these privately funded 
museum properties to end, due to fear over future estate tax burdens 
that will be thrust on their descendants is depriving our citizens the 
opportunity to enjoy the architectural wonders of these homes. Tourists 
in many States will be denied the opportunity to visit these homes and 
experience the heritage of these historical sites.
  Mr. President, I propose that an estate tax exemption be provided for 
qualified historical properties. The number of historical homes that 
will qualify is modest since this legislation requires private, taxable 
ownership and national historical landmark status, as well as a 
willingness on the part of the owner to operate the premises as a 
museum subject to strict requirements. While the legislation has 
minimal effects on Federal revenues it plays a major role in preserving 
extraordinarily important properties.
  This bill is an opportunity for the Government to encourage 
preservation of history. Historical homes help preserve the themes of 
our common heritage and highlight the unique pattern of each community. 
They contribute to the perpetuation of the historical fabric of our 
national life. They are a source of a community's pride in 
accomplishment and beauty.
  Section 1(b)(7) of the National Historic Preservation Act of 1966 
states that:

       Although the major burdens of historic preservation have 
     been borne and major efforts initiated by private agencies 
     and individuals, and both should continue to play a vital 
     role, it is nevertheless necessary and appropriate for the 
     Federal Government to accelerate its historic preservation 
     programs and activities to get maximum encouragement to 
     agencies and individuals undertaking preservation by private 
     means, and to assist State and local governments and the 
     National Trust Historic Preservation in the United States to 
     expand and accelerate their historical preservation programs 
     and activities.

  That is what this legislation does. It encourages private citizens to 
preserve historical properties rather than sell or develop them despite 
their desire to do so. Winston Churchill recognized the importance of 
preserving historical properties when in 1943 he said ``We shape our 
buildings, and afterwards our buildings shape us''.
  Mr President, I urge my colleagues on both sides of the aisle to join 
me in cosponsoring this important legislation.
  Mr. President, I ask unanimous consent that the complete text of the 
bill be placed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 693

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

     SECTION 1. EXCLUSION FROM ESTATE TAX FOR HISTORIC PROPERTY 
                   SUBJECT TO PRESERVATION EASEMENT.

       (a) In General.--Part IV of subchapter A of chapter 11 of 
     the Internal Revenue of 1986 (relating to taxable estate) is 
     amended by adding at the end the following new section:

     ``SEC. 2057. QUALIFIED HISTORIC PROPERTY.

       ``(a) General Rule.--For purposes of the tax imposed by 
     section 2001, the value of the taxable estate shall be 
     determined by deducting from the value of the gross estate an 
     amount equal to the value of any qualified historic property 
     included in the gross estate.
       ``(b) Definitions.--For purposes of this section--
       ``(1) Qualified historic property.--
       ``(A) In general.--The term `qualified historic property' 
     means any historic property if--
       ``(i) on or before the date on which the return of the tax 
     imposed by section 2001 is filed, a qualified real property 
     interest described in section 170(h)(2)(C) in such property 
     is held by a qualified organization for the purpose described 
     in section 170(h)(4)(A)(iv), and
       ``(ii) such property is covered by an agreement meeting the 
     requirements of subsection (c) which is entered into on or 
     before such date.
       ``(B) Treatment of personal property.--Such term includes 
     personal property included within, or associated with, 
     qualified historic property (as defined in paragraph (1)) if 
     such personal property--
       ``(i) is held by the decedent holding such qualified 
     historic property,
       ``(ii) has been so included within, or associated with, 
     such qualified historic property throughout the 10-year 
     period ending on the date of the decedent's death, and
       ``(iii) is covered by the agreement referred to in 
     subparagraph (A)(ii) which covers such qualified historic 
     property.
       ``(2) Historic property.--The term `historic property' 
     means--
       ``(A) any building (and its structural components)--
       ``(i) which is designated as a National Historic Landmark 
     under section 101 of the National Historic Preservation Act 
     throughout the 10-year period ending on the date of the 
     decedent's death,
       ``(ii) which was owned by the decedent or a member of the 
     decedent's family (as defined in section 2032A(e)(2)) 
     throughout such 10-year period, and
       ``(iii) which was originally used for residential purposes, 
     and
       ``(B) any other real property to the extent reasonably 
     necessary for public view and visitation of the property 
     described in subparagraph (A).

[[Page S3964]]

       ``(3) Qualified organization.--The term `qualified 
     organization' has the meaning given to such term by section 
     170(h)(3).
       ``(4) Treatment of qualified historic property held by a 
     corporation.--In the case of a corporation all of the stock 
     in which was held on the date of the decedent's death by the 
     decedent or members of the decedent's family (as defined in 
     section 2032A(e)(2))--
       ``(A) stock in such corporation shall be treated for 
     purposes of this section as qualified historic property to 
     the extent that the value of such stock is attributable to 
     qualified historic property held by such corporation, but
       ``(B) the requirements of subsection (c) shall be met only 
     if each member of the decedent's family holding such stock on 
     such date sign the agreement referred to in subsection (c).
       ``(c) Requirements for Agreement.--
       ``(1) In general.--For purposes of subsection 
     (b)(1)(A)(ii), an agreement meets the requirements of this 
     subsection if--
       ``(A) such agreement is a written agreement signed by each 
     person in being who has an interest (whether or not in 
     possession) in the historic property (other than the 
     qualified organization),
       ``(B) such agreement is entered into with a State historic 
     preservation agency (or similar State agency) and filed with 
     the Secretary with the return of the tax imposed by section 
     2001,
       ``(C) such agreement provides that the only activities 
     carried on at the historic property are activities which are 
     substantially related (aside from the need for income or 
     funds or the use made of the profits derived) to--
       ``(i) the public view and visitation of such property and 
     the property described in the last sentence of subsection 
     (b)(1) with respect to such property), and
       ``(ii) the maintenance and preservation of such property 
     and surrounding areas for such public view and visitation,
       ``(D) such agreement provides that the historic property 
     will be open to the public for a period of at least 20 years 
     beginning on the date on which the return of the tax imposed 
     by section 2001 is filed, and
       ``(E) such agreement provides that any admission fees (if 
     any) shall bear a reasonable relationship to admission fees 
     for other comparable tourist sites and shall be approved by 
     such State historic preservation agency (or similar State 
     agency).
       ``(2) Treatment of food, lodging, and meeting facilities 
     provided to general public.--The regular carrying on--
       ``(A) a trade or business of providing lodging shall be 
     treated as not substantially related for purposes of 
     paragraph (1)(C),
       ``(B) a trade or business of providing food shall be 
     treated as not substantially related for purposes of 
     paragraph (1)(C) unless--
       ``(i) such food is only provided to individuals who pay the 
     generally applicable admission fees (if any) for admission to 
     the property by individuals to whom no food is provided, and
       ``(ii) only an insubstantial portion of the structures on 
     the historic property is devoted to the provision of such 
     food, and
       ``(C) a trade or business of providing facilities for 
     meetings or events shall be treated as not substantially 
     related for purposes of paragraph (1)(C) unless all of the 
     net proceeds from such trade or business are used for 
     maintenance or preservation of the historic property.
       ``(3) Open to the public.--For the purposes of paragraph 
     (1)(D), the 20-year period referred to in such paragraph 
     shall be suspended during reasonable periods of renovation.
       ``(d) Tax Treatment of Dispositions and Failure to Comply 
     With Agreement.--
       ``(1) Imposition of additional estate tax.--If, during the 
     20-year period referred to in subsection (c)(1)(D)--
       ``(A) any person signing the written agreement referred to 
     in subsection (c) disposes of any interest in the qualified 
     historic property, or
       ``(B) there is a violation of any provision of such 
     agreement (as determined under regulations prescribed by the 
     Secretary), then there is hereby imposed an additional estate 
     tax.
       ``(2) Exception for certain transferees who agree to be 
     bound by agreement.--No tax shall be imposed under paragraph 
     (1) by reason of any disposition if the person acquiring the 
     property--
       ``(A) is a qualified organization or is a member of the 
     family (as defined in section 2032A(e)(2)) of the person 
     disposing of such property, and
       ``(B) agrees to be bound by the agreement referred to in 
     subsection (b)(4) and to be liable for any tax under this 
     subsection in the same manner as the person disposing of such 
     property.
       ``(3) Amount of additional tax.--
       ``(A) In general.--The amount of the additional tax imposed 
     by paragraph (1) with respect to any property shall be an 
     amount equal to the applicable percentage of the excess of--
       ``(i) what would (but for subsection (a)) have been the tax 
     imposed by section 2001 (reduced by the credits allowable), 
     over
       ``(ii) the tax imposed by section 2001 (as so reduced).
       ``(B) Applicable percentage.--For purposes of subparagraph 
     (A), the applicable percentage is the percentage determined 
     in accordance with the following table for the year (of 20-
     year period referred to in subsection (c)(1)(D)) in which the 
     event described in paragraph (1) occurs:

    ``If the event                                       The applicable
    occurs during:                                       percentage is:
    The 1st 12 years of such 20-year period..............100 percent   
    The 13th or 14th year of such period..................80 percent   
    The 15th or 16th year of such period..................60 percent   
    The 17th or 18th year of such period..................40 percent   
    The 19th or 20th year of such period..................20 percent.  

       ``(4) Due date.--The additional tax imposed by this 
     subsection shall be due and payable on the day which is 6 
     months after the date of the disposition or violation 
     referred to in paragraph (1).
       ``(5) Liability for tax.--Any person signing the agreement 
     referred to in subsection (c) (other than the executor) shall 
     be personally liable for the additional tax imposed by this 
     subsection. If more than 1 person is liable under this 
     subsection, all such persons shall be jointly and severally 
     liable.
       ``(6) Certain other rules to apply.--Rules similar to the 
     rules of sections 1016(c), 2013(f), and 2032A(f) shall apply 
     for purposes of this subsection.
       ``(e) Other Special Rules.--
       ``(1) Coordination with deduction for transfer of 
     easement.--Section 2055(f) shall not apply to any interest 
     referred to therein with respect to property for which a 
     deduction is allowed under subsection (a).
       ``(2) Denial of deduction of indebtedness on excluded 
     property.--No deduction shall be allowed under section 2053 
     for indebtedness in respect of property the value of which is 
     deducted under subsection (a).
       ``(3) Submission of annual inventories of personal 
     property.--The Secretary shall require the submission to the 
     Secretary of such inventories of personal property which is 
     qualified historic property as the Secretary determines are 
     necessary for purposes of this section.''
       (b) Technical Amendments.--
       (1) Subsection (a) of section 1014 of such Code is amended 
     by striking the period at the end of paragraph (3) and 
     inserting ``, or'' and by adding after paragraph (3) the 
     following new paragraph:
       ``(4) in the case of property the value of which was 
     deducted under section 2057(a), the adjusted basis of such 
     property in the hands of the decedent immediately before the 
     death of the decedent.''
       (2) Subparagraph (A) of section 2056A(b)(10) of such Code 
     is amended by inserting ``2057,'' after ``2056,''.
       (3) The table of sections for part IV of subchapter A of 
     chapter 11 of such Code is amended by adding at the end the 
     following new item:

``Sec. 2057. Qualified historic property.''

       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to the estates of decedents dying 
     after the date of the enactment of this Act.
                                 ______
                                 
      By Ms. SNOWE:
  S. 694. A bill to establish reform criteria to permit payment of U.S. 
arrearages in assessed contributions to the United Nations; to the 
Committee on Foreign Relations.
  S. 695. A bill to restrict intelligence sharing with the United 
Nations: to the Committee on Foreign Relations.
  S. 696. A bill to establish limitations on the use of funds for U.N. 
peacekeeping activities; to the Committee on Foreign Relations.


                   UNITED NATIONS REFORM LEGISLATION

  Ms. SNOWE. Mr. President, today I am introducing a package of three 
bills which address the most critical issues affecting our relations 
with the United Nations. These are the U.S. arrearage in financial 
contributions to the United Nations, the sharing of U.S. intelligence 
with the United Nations, and U.S. contributions to U.N. peacekeeping 
activities.

  The United Nations Reform Act of 1997 is a bill that I have been 
working on for over a year in my former capacity as chair of the 
Foreign Relations Subcommittee on International Operations. With the 
United Nations now entering its second half-century, the question being 
raised is not whether the United Nations can continue its growth for 
another 50 years, but whether it can survive as an important 
international institution for the next 5.
  With a new Secretary of State who formerly served as U.N. Ambassador, 
with a new U.N. Ambassador who formerly served as a respected Member of 
Congress, and with a new U.N. Secretary General, I believe that we have 
a unique opportunity over the next 2 years to genuinely restore a 
bipartisan consensus on the United Nations within Congress and among 
the American people. That is the intent of this legislation, which sets 
reasonable and achievable reform criteria for the United Nations, 
linked to a 5-year repayment plan for the nearly $1 billion in

[[Page S3965]]

arrearages that have built up in the U.N. system over the past few 
years.
  The plan would set up a five-step annual process under which the 
President would each year have to certify that specific reform 
guideposts have been met at the United Nations, permitting the payment 
each year of one-fifth of outstanding U.S. arrearages.
  In the first year, the President would have to certify that a hard 
freeze zero nominal growth budget at the United Nations had been 
maintained and that budgetary transparency at the world body had been 
enhanced through opening up the United Nations to member State auditing 
and fully funding the new U.N. inspector general office.
  In the second year, the President would have to certify that U.S. 
representation had been restored to a key U.N. budgetary oversight 
body, the Advisory Committee on Administrative and Budgetary Questions 
[ACABQ].
  In the third year, the President would have to certify that a long-
standing U.N. peacekeeping reform goal had been achieved. This reform 
would ensure that the United States receives full credit or 
reimbursement for the very substantial logistical and in-kind support 
our military provides to assessed U.N. peacekeeping missions.
  In the fourth year, the President would have to certify that a 
significant reform in the United Nations' budget process had been 
achieved. This reform would be to divide the U.N. regular budget into 
an assessed core budget and a voluntary program budget. The source of 
much of the United Nations' problems stems from the fact that the 
United Nations' assessed budget is increasingly used for development 
programs and other activities that should not be included in our 
mandatory dues for membership. This reform can be achieved without a 
revision in the U.N. Charter.
  Finally, in the fifth year the President would have to certify that a 
major U.N. consolidation plan has been approved and implemented. This 
plan must entail a significant reduction in staff and an elimination of 
the rampant duplication, overlap, and lack of coordination that exists 
throughout the U.N. system.
  Clearly, there is an urgent need to turn around the United Nations' 
dangerous slide into constant crisis, which could ultimately threaten 
the organization's usefulness as an important tool for addressing world 
problems. I am convinced that this can only be achieved through the 
kind of bold reform agenda that is set forth in this legislation.
  Mr. President, I believe it is useful for us to look back on the 
original purpose of the United Nations, as it was envisioned 51 years 
ago. The United Nations was created from the ashes of World War II, 
with the hope of avoiding future world-wide conflagrations through 
international cooperation. The main focus for this mission was the 
Security Council, the only entity empowered under the U.N. Charter to 
act on the great questions of world peace. The General Assembly was 
intended to be a forum for debate on any issue that any nation wanted 
to bring before the assembled nations of the world. The U.N. 
Secretariat was to be a small professional staff needed to support the 
activities of the Security Council and General Assembly.
  The U.N. system was also to conduct specific activities in technical 
cooperation, such as those undertaken by the International Civil 
Aviation Organization and the International Telecommunications Union. 
Finally, the United Nations was to have an important role in responding 
to international humanitarian crises. Most critical is the work of the 
U.N. High Commissioner for Refugees, who today protects over 40 million 
of the world's most vulnerable men, women, and children--particularly 
women and children, who comprise 80 percent of the world's refugees.
  Regrettably, the United Nations system that exists today falls short 
of the intentions of its founders. There are two interrelated, 
fundamental problems with U.N. system. One is that there are those who 
attempted to use the world organization to advance agendas that frankly 
do not reflect world realities. The more the United Nations is used to 
transcend what some see as the harsh realities of the world and its 
Nation-State system, the less relevant the United Nations becomes to 
the real world in which we all live.
  Closely related has been the massive and uncoordinated growth of the 
United Nations and its specialized agencies. The U.N. General Assembly 
and its related bodies in the specialized agencies have used the tool 
of the budget to grow the U.N. bureaucracy far beyond what is needed to 
respond to real world problems. The small professional staff of the 
U.N. Secretariat now approaches 18,000--counting the proliferation of 
consultants and contract employees--and the staff of the U.N. system 
worldwide now exceeds 53,000.
  Too many nations simply do not find a compelling need for efficiency 
and budgetary restraint in the U.N. system. Of the U.N.'s 185 member 
nations, a near-majority 91 countries are assessed at the minimum .01 
percent rate, paying essentially nothing toward U.N. budget. The top 
ten assessed countries--United States, Japan, Germany, France, Russia, 
Britain, Italy, Canada, Spain and Brazil--are billed for 78 percent of 
the U.N. budget, with the United States, at 25 percent, paying nearly 
twice that of any other country. In just 10 years of supposed zero-
growth budgets, the U.N.'s budget has doubled. In the last 18 years the 
U.N.'s budget has tripled.

  There are those who argue that all of the U.N.'s problems come from 
the United States. But the United Nation's difficulties with the United 
States arise from these deeply rooted problems within the U.N. 
structure itself. Even many supporters of the United Nations have 
characterized today's U.N. system as bloated, inefficient, duplicative, 
and disorganized. For instance, Canadian businessman and six-time U.N. 
Under-Secretary-General Maurice Strong has stated that the United 
Nations ``could work better than it does today with less than half as 
many people.'' I believe it is significant, and encouraging, that the 
new Secretary General, Mr. Kofi Annan, has appointed Mr. Strong to be 
his top adviser on reform issues.
  The surprising thing is that among serious analysts of the United 
Nations there is remarkable agreement on what needs to be done. The 
U.N. system needs to be significantly reduced in size and needs true 
consolidation among its far-flung, duplicative elements. The budget 
process needs similarly dramatic reform. The United Nations needs to 
concentrate on a few key achievable missions--security, humanitarian 
relief, purely technical cooperation--and refrain from its 
proliferating exercises in internal nation-building and grandiose 
missions of global norm-setting. All of these basic reform needs have 
been addressed in the U.N. reform legislation I am introducing today.
  As complements to my U.N. reform bill, I am also introducing two 
U.N.-related bills which I sponsored in the last Congress. The first 
would protect U.S. intelligence information which is shared with the 
United Nations or any of its affiliated organizations by requiring that 
procedures for protecting intelligence sources and methods are in place 
at the United Nations that are at least as stringent as those 
maintained by countries with which the United States regularly shares 
similar types of information. This requirement may be waived by the 
President for national security purposes but only on a case by case 
basis and only when all possible measures for protecting the 
information have been taken.
  This legislation grew out of my concern about reports of breaches of 
U.S. classified material by the United Nations in 1993, 1994, and in 
1995 when the United Nations pulled out of Somalia. I am pleased to 
note that more attention is being paid by this body to the problems 
that can result when U.S. intelligence information is shared with 
international bodies. Condition 5 of the recently approved resolution 
of ratification for the Chemical Weapons Convention, which protects 
U.S. intelligence shared with the Organization for the Protection of 
Chemical Weapons, was based on my intelligence-sharing legislation.
  To complete the package of three bills, I am introducing today the 
International Peacekeeping Reform Act of 1997 which I also sponsored in 
the 104th Congress. Before any funds can be made available for U.N. 
peacekeeping activities, this legislation requires the President to 
certify to Congress that hostilities have ceased and all parties agree 
to a U.N. peacekeeping role, that

[[Page S3966]]

the percentage of the U.S. assessed share of the total cost of the 
operation does not exceed the percentage of the U.S. assessed share for 
the regular U.N. budget, and that adequate measures have been taken to 
protect U.S. intelligence information provided in support of the 
operation.
  Furthermore, my bill would require that, if the operation is to 
include units of the U.S. Armed Forces to carry out combat missions, 
the President must certify that the operation advances U.S. security 
interests, that U.S. participation is critical to the operation's 
success, that the units will be under the operational command and 
control of the U.S. armed forces, and that the U.S. military personnel 
will be fully protected by the Geneva Convention of 1949 governing the 
treatment of prisoners of war. This legislation requires the President 
to notify Congress of the intent to support an international 
peacekeeping operation at least 15 days before any vote of the United 
Nations Security Council to establish, expand or modify such an 
operation. If the President determines that an emergency exists which 
prevents him from meeting the 15-day advance notice requirement, the 
notice is to be provided in a timely manner, but no later than 48 hours 
after the Security Council vote.

  The three measures I am introducing today will, I believe, go a long 
way toward setting a new course in our relations with the United 
Nations. If we in Congress fail to rise to the challenge; if the U.N. 
attempts to defend an unsustainable status quo; if the Administration's 
new foreign policy team does not reach out to Congress to achieve a 
genuine bipartisan consensus on the need for U.N. reform; if the U.N.'s 
dangerous slide to expensive irrelevance continues, then we will have 
lost a unique opportunity for reform. If this should happen, it is not 
at all clear to me whether such an opportunity will soon return.
  Mr. President, I urge my colleagues to consider the legislation I am 
introducing today as the best course for restoring the bipartisan 
consensus in this country on the United Nations.
  Mr. Prsident, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 694

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``United Nations Reform Act of 
     1997''.

     SEC. 2. PAYMENT OF UNITED STATES ARREARAGES IN ASSESSED 
                   CONTRIBUTIONS TO THE UNITED NATIONS.

       (a) Limitation.--Notwithstanding any other provision of 
     law, for each of the fiscal years 1998 through 2002, no funds 
     shall be available for obligation or expenditure to the 
     United Nations for the payment except under procedures of 
     United States assessed contributions to the United Nations 
     more than one year in arrears at the time of passage of this 
     Act under United States Government accounting except under 
     procedures under subsection (b);
       (b) Procedures for the Release of United States Arrearages 
     to the United Nations.--In accordance with procedures 
     applicable to reprogramming notifications under section 34 of 
     the State Department Basic Authorities Act of 1956, for each 
     fiscal year 1998 through 2002, the President may make 
     available for obligation or expenditure to the United Nations 
     an amount not to exceed 20% of United States assessed 
     contributions to the United Nations more than one year in 
     arrears at the time of passage of this Act under United 
     States Government accounting if on January 31 of each fiscal 
     year 1998 through 2002 the President determines and certifies 
     to the relevant committees of the Congress that the 
     applicable reform criteria for each fiscal year has been met.
       (c) Definitions.--As used in this section:
       (1) Relevant committees of the congress .--The term 
     ``relevant committees of the Congress'' means the Committee 
     on Foreign Relations and the Committee on Appropriations of 
     the Senate and the Committee on International Relations and 
     the Committee on Appropriations of the House of 
     Representatives.
       (2) Applicable reform criteria.--The term ``applicable 
     reform criteria'' means--
       (A) for fiscal year 1998 that the United Nations has 
     maintained a zero nominal growth budget in United States 
     dollar terms and has made all of its programs, offices and 
     activities open to auditing by the national auditing and 
     inspecting agencies of its member states to include, but not 
     be limited to the United States General Accounting Office and 
     the State Department Office of Inspector General, that the 
     United Nations Office of Internal Oversight Services has been 
     fully funded at its request level, and that all products of 
     the Office of Internal Oversight Services relevant to United 
     Nations budgetary and administrative matters are available to 
     all United Nations member states;
       (B) for fiscal year 1999 that all criteria for fiscal year 
     1998 continue to be met and that United States representation 
     on the United Nations Advisory Committee on Administrative 
     and Budgetary Questions has been restored;
       (C) for fiscal year 2000 that all criteria for fiscal years 
     1998 and 1999 continue to be met and that procedures for 
     assessing contributions for United Nations peacekeeping 
     activities have been reformed to ensure that for all 
     logistical, in-kind, and non-cash aid provided by the United 
     States to support United Nations assessed peacekeeping 
     activities that the United States either receives from the 
     United Nations cash reimbursement for the full value of such 
     aid or credit toward the payment of assessed contributions 
     for peacekeeping operations;
       (D) for fiscal year 2001 that all criteria for fiscal years 
     1998 through 2000 continue to be met and that the United 
     Nations has divided its regular budget into a small ``core'' 
     assessed budget representing only those activities determined 
     by the General Accounting Office to be necessary for the 
     United Nations to maintain its existence under the terms of 
     the United Nations Charter and a voluntary ``program'' budget 
     that would include all United Nations programs, developmental 
     activities, regional activities, economic and social 
     activities, and related staff; and
       (E) for fiscal year 2002 that all criteria for fiscal years 
     1998 through 2001 continue to be met and that the United 
     Nations has approved and implemented systemwide structural 
     reform, entailing a significant reduction in staff, that 
     would eliminate all outdated activities and program 
     duplication and would encompass all relevant United Nations 
     specialized agencies.
                                                                    ____


                                 S. 695

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

     SECTION 1. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE 
                   UNITED NATIONS.

       The United Nations Participation Act of 1945 (22 U.S.C. 287 
     et seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 13. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE 
                   UNITED NATIONS.

       ``(a) Provisions of Intelligence Information to the United 
     Nations.--(1) No United States intelligence information may 
     be provided to the United Nations or any organization 
     affiliated with the United Nations, or to any official or 
     employee thereof, unless the President certifies to the 
     Committee on Foreign Relations and the Select Committee on 
     Intelligence of the Senate and the Committee on International 
     Relations and the Permanent Select Committee on Intelligence 
     of the House of Representatives that the Director of Central 
     Intelligence (in this section referred to as the `DCI'), in 
     consultation with the Secretary of State and the Secretary of 
     Defense, has required, and such organization has established 
     and implemented, procedures for protecting intelligence 
     sources and methods (including protection from release to 
     nations and foreign nationals that are otherwise not eligible 
     to receive such information) no less stringent than 
     procedures maintained by nations with which the United States 
     regularly shares similar types of intelligence information. 
     Such certification shall include a description of the 
     procedures in effect at such organization.
       ``(2) Paragraph (1) may be waived upon written 
     certification by the President to the appropriate committees 
     of Congress that providing such information to the United 
     Nations or an organization affiliated with the United 
     Nations, or to any official or employee thereof, is in the 
     direct national security interest of the United States and 
     that all possible measures protecting such information have 
     been taken, except that such waiver must be made for each 
     instance such information is provided, or for each such 
     document provided.
       (b) Periodic and Special Reports.--(1) The President shall 
     periodically report, but not less frequently than quarterly, 
     to the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     International Relations and the Permanent Select Committee on 
     Intelligence of the House of Representatives on the types and 
     volume of intelligence provided to the United Nations and the 
     purposes for which it was provided during the period covered 
     by the report. Such periodic reports shall be submitted to 
     the Select Committee on Intelligence of the Senate and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives with an annex containing a 
     counterintelligence and security assessment of all risks, 
     including an evaluation of any potential adverse impact on 
     national collection systems, of providing intelligence to the 
     United Nations, together with information on how such risks 
     have been addressed.
       (2) The President shall submit a special report to the 
     Committee on Foreign Relations and the Select Committee on 
     Intelligence of the Senate and the Committee on International 
     Relations and the Permanent Select Committee on Intelligence 
     of the House of Representatives within 15 days after the

[[Page S3967]]

     United States Government becomes aware of any unauthorized 
     disclosure of intelligence provided to the United Nations by 
     the United States.
       ``(c) Limitation.--The restriction of subsection (a) and 
     the requirement for periodic reports under paragraph (1) of 
     subsection (a) shall not apply to the provision of 
     intelligence that is provided only to, and for the use of, 
     appropriately cleared United States Government personnel 
     serving with the United Nations.
       ``(d) Delegation of Duties.--The President may not delegate 
     or assign the duties of the President under Secretary (a).
       ``(e) Relationship to Existing Law.--Nothing in this 
     section shall be construed to--
       ``(1) impair or otherwise affect the authority of the 
     Director of Central Intelligence to protect intelligence 
     sources and methods from unauthorized disclosure pursuant to 
     section 103(c)(5) of the National Security Act of 1947 (50 
     U.S.C. 403-3(c)(5)); or
       ``(2) supersede or otherwise affect the provisions of title 
     V of the National Security Act of 1947 (50 U.S.C. 413 et 
     seq.).''.
                                                                    ____


                                 S. 696

       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 ``International Peacekeeping 
     Reform Act of 1997''.

     SEC. 2. LIMITATION ON THE USE OF FUNDS FOR UNITED NATIONS 
                   PEACEKEEPING ACTIVITIES.

       (a) Limitation.--Notwithstanding any other provision of 
     law, none of the funds made available to the Department of 
     State under the account ``Contribution for International 
     Peacekeeping Activities'' or any other funds made available 
     to the Department of State under any law to pay for assessed 
     or voluntary contributions to United Nations peacekeeping 
     activities shall be available for obligation or expenditure 
     to the United Nations to establish, expand in size, or modify 
     in mission a United Nations peacekeeping operations unless, 
     with respect to such peacekeeping operation--
       (1) the President submits a certification to the 
     appropriate congressional committees under subsection (c); 
     and
       (2) except as provided in paragraph (b), the President has 
     notified the appropriate congressional committees of the 
     intent to support the establishment of the peacekeeping 
     operation at least 15 days before any vote in the Security 
     Council to establish, expand, or modify such operation. The 
     notification shall include the following:
       (A) A cost assessment of such action (including the total 
     estimated cost and the United States share of such cost).
       (B) Identification of the source of funding for the United 
     States share of the costs of the action (whether in an annual 
     budget request, reprogramming notification, a rescission of 
     funds, a budget amendment, or a supplemental budget request.
       (b) Presidential Determination of Existence of Emergency.--
     If the President determines that an emergency exists which 
     prevented submission of the 15-day advance notification 
     specified in paragraph (a) and that the proposed action is in 
     the direct national security interests of the United States, 
     the notification described in paragraph (a) shall be provided 
     in a timely manner but no later than 48 hours after the vote 
     by the Security Council.
       (C) Certification to Congress.--The President shall 
     determine and certify to the Congress that the United Nations 
     Peacekeeping operation described under paragraph (a) meets 
     the following requirements:
       (1) The operation involves an international conflict in 
     which hostilities have ceased and all significant parties to 
     the conflict agree to the imposition of United Nations 
     peacekeeping forces for the purpose of seeking an enduring 
     solution to the conflict.
       (2) With respect to any assessed contribution to such 
     United Nations peacekeeping activity, the percentage of the 
     United States assessed share for the total cost of the 
     operation is no greater than the percentage of the United 
     States assessed share for the regular United Nations budget.
       (3) In the event that the provision of United States 
     intelligence information involving sources and methods on 
     intelligence gathering is planned to be provided to the 
     United Nations to support the operation, adequate measures 
     have been taken by the United Nations to protect such 
     information.
       (4) With respect to the participation in the operation of 
     units of the United States Armed Forces trained to carry out 
     direct combat missions--
       (A) the operation directly advances United States national 
     security interests,
       (B) the participation of such units is critical to the 
     success of the operation,
       (C) such units will be under the operational command and 
     control of the United States Armed Forces, and
       (D) any member of the United States Armed Forces 
     participating in the operation would have access to the full 
     protection of the Geneva Convention Relative to the Treatment 
     of Prisoners of War (signed at Geneva, August 12, 1949) if 
     captured and held by combatants to other parties to the 
     conflict.
       (d) Definitions.--As used in this section:
       (1) the term ``appropriate congressional committees'' means 
     the Foreign Relations and Appropriations Committees of the 
     Senate and the International Relations and Appropriations 
     Committees of the House of Representatives;
       (2) the term ``adequate measures'' refers to the 
     implementation of procedures for protecting intelligence 
     sources and methods (including protection from release to 
     nations and foreign nationals that are otherwise not eligible 
     to receive such information) no less stringent than 
     procedures maintained by nations with which the United States 
     regularly shares similar types of intelligence information, 
     as determined by the Director of Central Intelligence upon 
     consultation with the Secretary of State and Secretary of 
     Defense; and
       (3) the term ``direct combat'' means engaging an enemy or 
     hostile force with individual or crew-served weapons while 
     being exposed to direct enemy fire, a high probability of 
     direct physical contact with the enemy or hostile force, and 
     a substantial risk of capture.

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