[Congressional Record Volume 143, Number 64 (Thursday, May 15, 1997)]
[House]
[Pages H2785-H2794]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                                H.R. 408

                    Offered By: Mr. Young of Alaska

               (Amendment in the Nature of a Substitute)

       Amendment No. 1: Strike all after the enacting clause and 
     insert in lieu thereof the following:

     SECTION 1. SHORT TITLE; REFERENCES.

       (a) Short Title.--This Act may be cited as the 
     ``International Dolphin Conservation Program Act''.
       (b) References to Marine Mammal Protection Act.--Except as 
     otherwise expressly provided, whenever in this Act an 
     amendment or repeal is expressed in terms of an amendment to, 
     or repeal of, a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1361 et seq.).

     SEC. 2. PURPOSE AND FINDINGS.

       (a) Purpose.--The purposes of this Act are--
       (1) to give effect to the Declaration of Panama, signed 
     October 4, 1995, by the Governments of Belize, Colombia, 
     Costa Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, 
     the United States of America, Vanuatu, and Venezuela, 
     including the establishment of the International Dolphin 
     Conservation Program, relating to the protection of dolphins 
     and other species, and the conservation and management of 
     tuna in the eastern tropical Pacific Ocean;
       (2) to recognize that nations fishing for tuna in the 
     eastern tropical Pacific Ocean have achieved significant 
     reductions in dolphin mortality associated with that fishery; 
     and
       (3) to eliminate the ban on imports of tuna from those 
     nations that are in compliance with the International Dolphin 
     Conservation Program.
       (b) Findings.--The Congress finds the following:
       (1) The nations that fish for tuna in the eastern tropical 
     Pacific Ocean have achieved significant reductions in dolphin 
     mortalities associated with the purse seine fishery from 
     hundreds of thousands annually to fewer than 5,000 annually.
       (2) The provisions of the Marine Mammal Protection Act of 
     1972 that impose a ban on imports from nations that fish for 
     tuna in the eastern tropical Pacific Ocean have served as an 
     incentive to reduce dolphin mortalities.
       (3) Tuna canners and processors of the United States have 
     led the canning and processing industry in promoting a 
     dolphin-safe tuna market.
       (4) 12 signatory nations to the Declaration of Panama, 
     including the United States, agreed under that Declaration to 
     require that the total annual dolphin mortality in the purse 
     seine fishery for yellowfin tuna in the eastern tropical 
     Pacific Ocean not exceed 5,000, with a commitment and 
     objective to progressively reduce dolphin mortality to a 
     level approaching zero through the setting of annual limits.

[[Page H2786]]

     SEC. 3. DEFINITIONS.

       Section 3 (16 U.S.C. 1362) is amended by adding at the end 
     the following new paragraphs:
       ``(28) The term `International Dolphin Conservation 
     Program' means the international program established by the 
     agreement signed in La Jolla, California, in June 1992, as 
     formalized, modified, and enhanced in accordance with the 
     Declaration of Panama, that requires--
       ``(A) that the total annual dolphin mortality in the purse 
     seine fishery for yellowfin tuna in the eastern tropical 
     Pacific Ocean not exceed 5,000, with the commitment and 
     objective to progressively reduce dolphin mortality to levels 
     approaching zero through the setting of annual limits;
       ``(B) the establishment of a per-stock per-year mortality 
     limit for dolphins, for each year through the year 2000, of 
     between 0.2 percent and 0.1 percent of the minimum population 
     estimate;
       ``(C) beginning with the year 2001, that the per-stock per-
     year mortality of dolphin not exceed 0.1 percent of the 
     minimum population estimate;
       ``(D) that if the mortality limit set forth in subparagraph 
     (A) is exceeded, all sets on dolphins shall cease for the 
     fishing year concerned;
       ``(E) that if the mortality limit set forth in subparagraph 
     (B) or (C) is exceeded sets on such stock and any mixed 
     schools containing members of such stock shall cease for that 
     fishing year;
       ``(F) in the case of subparagraph (B), to conduct a 
     scientific review and assessment in 1998 of progress toward 
     the year 2000 objective and consider recommendations as 
     appropriate; and
       ``(G) in the case of subparagraph (C), to conduct a 
     scientific review and assessment regarding that stock or 
     those stocks and consider further recommendations;
       ``(H) the establishment of a per-vessel maximum annual 
     dolphin mortality limit consistent with the established per-
     year mortality caps; and
       ``(I) the provision of a system of incentives to vessel 
     captains to continue to reduce dolphin mortality, with the 
     goal of eliminating dolphin mortality.
       ``(29) The term `Declaration of Panama' means the 
     declaration signed in Panama City, Republic of Panama, on 
     October 4, 1995.''.

     SEC. 4. AMENDMENTS TO TITLE I.

       (a) Authorization for Incidental Taking.--Section 101(a)(2) 
     (16 U.S.C. 1371(a)(2)) is amended as follows:
       (1) By inserting after the first sentence ``Such 
     authorizations may also be granted under title III with 
     respect to the yellowfin tuna fishery of the eastern tropical 
     Pacific Ocean, subject to regulations prescribed under that 
     title by the Secretary without regard to section 103.''.
       (2) By striking the semicolon in the second sentence and 
     all that follows through ``practicable''.
       (b) Documentary Evidence.--Section 101(a) (16 U.S.C. 
     1371(a)) is amended by striking so much of paragraph (2) as 
     follows subparagraph (A) and as precedes subparagraph (C) and 
     inserting:
       ``(B) in the case of yellowfin tuna harvested with purse 
     seine nets in the eastern tropical Pacific Ocean, and 
     products therefrom, to be exported to the United States, 
     shall require that the government of the exporting nation 
     provide documentary evidence that--
       ``(i) the tuna or products therefrom were not banned from 
     importation under this paragraph before the effective date 
     of the International Dolphin Conservation Program Act;
       ``(ii) the tuna or products therefrom were harvested after 
     the effective date of the International Dolphin Conservation 
     Program Act by vessels of a nation which participates in the 
     International Dolphin Conservation Program, such harvesting 
     nation is either a member of the Inter-American Tropical Tuna 
     Commission or has initiated (and within 6 months thereafter 
     completed) all steps (in accordance with article V, paragraph 
     3 of the Convention establishing the Inter-American Tropical 
     Tuna Commission) necessary to become a member of that 
     organization;
       ``(iii) such nation is meeting the obligations of the 
     International Dolphin Conservation Program and the 
     obligations of membership in the Inter-American Tropical Tuna 
     Commission, including all financial obligations;
       ``(iv) the total dolphin mortality permitted under the 
     International Dolphin Conservation Program will not exceed 
     5,000 in 1997, or in any year thereafter, consistent with the 
     commitment and objective of progressively reducing dolphin 
     mortality to levels approaching zero through the setting of 
     annual limits and the goal of eliminating dolphin mortality; 
     and
       ``(v) the tuna or products therefrom were harvested after 
     the effective date of the International Dolphin Conservation 
     Program Act by vessels of a nation which participates in the 
     International Dolphin Conservation Program, and such 
     harvesting nation has not vetoed the participation by any 
     other nation in such Program.''.
       (c) Acceptance of Evidence Coverage.--Section 101 (16 
     U.S.C. 1371) is amended by adding at the end the following 
     new subsections:
       ``(d) Acceptance of Documentary Evidence.--The Secretary 
     shall not accept documentary evidence referred to in section 
     101(a)(2)(B) as satisfactory proof for purposes of section 
     101(a)(2) if--
       ``(1) the government of the harvesting nation does not 
     provide directly or authorize the Inter-American Tropical 
     Tuna Commission to release complete and accurate information 
     to the Secretary to allow a determination of compliance with 
     the International Dolphin Conservation Program;
       ``(2) the government of the harvesting nation does not 
     provide directly or authorize the Inter-American Tropical 
     Tuna Commission to release complete and accurate information 
     to the Secretary in a timely manner for the purposes of 
     tracking and verifying compliance with the minimum 
     requirements established by the Secretary in regulations 
     promulgated under subsection (f) of the Dolphin Protection 
     Consumer Information Act (16 U.S.C. 1385(f)); or
       ``(3) after taking into consideration this information, 
     findings of the Inter-American Tropical Tuna Commission, and 
     any other relevant information, including information that a 
     nation is consistently failing to take enforcement actions on 
     violations which diminish the effectiveness of the 
     International Dolphin Conservation Program, the Secretary, in 
     consultation with the Secretary of State, finds that the 
     harvesting nation is not in compliance with the International 
     Dolphin Conservation Program.
       ``(e) Exemption.--The provisions of this Act shall not 
     apply to a citizen of the United States who incidentally 
     takes any marine mammal during fishing operations outside the 
     United States exclusive economic zone (as defined in section 
     3(6) of the Magnuson Fishery Conservation and Management Act 
     (16 U.S.C. 1802(6))) when employed on a foreign fishing 
     vessel of a harvesting nation which is in compliance with the 
     International Dolphin Conservation Program.''.
       (d) Annual Permits.--Section 104(h) is amended to read as 
     follows:
       ``(h) Annual Permits.--(1) Consistent with the regulations 
     prescribed pursuant to section 103 and the requirements of 
     section 101, the Secretary may issue an annual permit to a 
     United States vessel for the taking of such marine mammals, 
     and shall issue regulations to cover the use of any such 
     annual permits.
       ``(2) Annual permits described in paragraph (1) for the 
     incidental taking of marine mammals in the course of 
     commercial purse seine fishing for yellowfin tuna in the 
     eastern tropical Pacific Ocean shall be governed by section 
     304, subject to the regulations issued pursuant to section 
     302.''.
       (e) Revisions and Funding Sources.--Section 108(a)(2) (16 
     U.S.C. 1378(a)(2)) is amended as follows:
       (1) By striking ``and'' at the end of subparagraph (A).
       (2) By adding at the end the following:
       ``(C) discussions to expeditiously negotiate revisions to 
     the Convention for the Establishment of an Inter-American 
     Tropical Tuna Commission (1 UST 230, TIAS 2044) which will 
     incorporate conservation and management provisions agreed to 
     by the nations which have signed the Declaration of Panama;
       ``(D) a revised schedule of annual contributions to the 
     expenses of the Inter-American Tropical Tuna Commission that 
     is equitable to participating nations; and
       ``(E) discussions with those countries participating or 
     likely to participate in the International Dolphin 
     Conservation Program, to identify alternative sources of 
     funds to ensure that needed research and other measures 
     benefiting effective protection of dolphins, other marine 
     species, and the marine ecosystem;''.
       (f) Repeal of NAS Review.--Section 110 (16 U.S.C. 1380) is 
     amended as follows:
       (1) By redesignating subsection (a)(1) as subsection (a).
       (2) By striking subsection (a)(2).
       (g) Labeling of Tuna Products.--Paragraph (1) of section 
     901(d) of the Dolphin Protection Consumer Information Act (16 
     U.S.C. 1385(d)(1)) is amended to read as follows:
       ``(1) It is a violation of section 5 of the Federal Trade 
     Commission Act for any producer, importer, exporter, 
     distributor, or seller of any tuna product that is exported 
     from or offered for sale in the United States to include on 
     the label of that product the term `Dolphin Safe' or any 
     other term or symbol that falsely claims or suggests that the 
     tuna contained in the product was harvested using a method of 
     fishing that is not harmful to dolphins if the product 
     contains any of the following:
       ``(A) Tuna harvested on the high seas by a vessel engaged 
     in driftnet fishing.
       ``(B) Tuna harvested in the eastern tropical Pacific Ocean 
     by a vessel using purse seine nets unless the tuna is 
     considered dolphin safe under paragraph (2).
       ``(C) Tuna harvested outside the eastern tropical Pacific 
     Ocean by a vessel using purse seine nets unless the tuna is 
     considered dolphin safe under paragraph (3).
       ``(D) Tuna harvested by a vessel engaged in any fishery 
     identified by the Secretary pursuant to paragraph (4) as 
     having a regular and significant incidental mortality of 
     marine mammals.''.
       (h) Dolphin Safe Tuna.--(1) Paragraph (2) of section 901(d) 
     of the Dolphin Protection Consumer Information Act (16 U.S.C. 
     1385(d)(2)) is amended to read as follows:
       ``(2)(A) For purposes of paragraph (1)(B), a tuna product 
     that contains tuna harvested in the eastern tropical Pacific 
     Ocean by a vessel using purse seine nets is dolphin safe if 
     the vessel is of a type and size that the Secretary has 
     determined, consistent with the International Dolphin 
     Conservation Program, is not capable of deploying its purse

[[Page H2787]]

     seine nets on or to encircle dolphins, or if the product 
     meets the requirements of subparagraph (B).
       ``(B) For purposes of paragraph (1)(B), a tuna product that 
     contains tuna harvested in the eastern tropical Pacific Ocean 
     by a vessel using purse seine nets is dolphin safe if the 
     product is accompanied by a written statement executed by the 
     captain of the vessel which harvested the tuna certifying 
     that no dolphins were killed during the sets in which the 
     tuna were caught and the product is accompanied by a written 
     statement executed by--
       ``(i) the Secretary or the Secretary's designee;
       ``(ii) a representative of the Inter-American Tropical Tuna 
     Commission; or
       ``(iii) an authorized representative of a participating 
     nation whose national program meets the requirements of the 
     International Dolphin Conservation Program,

     which states that there was an observer approved by the 
     International Dolphin Conservation Program on board the 
     vessel during the entire trip and documents that no dolphins 
     were killed during the sets in which the tuna concerned were 
     caught.
       ``(C) The statements referred to in clauses (i), (ii), and 
     (iii) of subparagraph (B) shall be valid only if they are 
     endorsed in writing by each exporter, importer, and processor 
     of the product, and if such statements and endorsements 
     comply with regulations promulgated by the Secretary which 
     would provide for the verification of tuna products as 
     dolphin safe.''.
       (2) Subsection (d) of section 901 of the Dolphin Protection 
     Consumer Information Act (16 U.S.C. 1385(d)) is amended by 
     adding the following new paragraphs at the end thereof:
       ``(3) For purposes of paragraph (1)(C), tuna or a tuna 
     product that contains tuna harvested outside the eastern 
     tropical Pacific Ocean by a vessel using purse seine nets is 
     dolphin safe if--
       ``(A) it is accompanied by a written statement executed by 
     the captain of the vessel certifying that no purse seine net 
     was intentionally deployed on or to encircle dolphins during 
     the particular voyage on which the tuna was harvested; or
       ``(B) in any fishery in which the Secretary has determined 
     that a regular and significant association occurs between 
     marine mammals and tuna, it is accompanied by a written 
     statement executed by the captain of the vessel and an 
     observer, certifying that no purse seine net was 
     intentionally deployed on or to encircle marine mammals 
     during the particular voyage on which the tuna was harvested.
       ``(4) For purposes of paragraph (1)(D), tuna or a tuna 
     product that contains tuna harvested in a fishery identified 
     by the Secretary as having a regular and significant 
     incidental mortality or serious injury of marine mammals is 
     dolphin safe if it is accompanied by a written statement 
     executed by the captain of the vessel and, where determined 
     to be practicable by the Secretary, an observer participating 
     in a national or international program acceptable to the 
     Secretary certifying that no marine mammals were killed in 
     the course of the fishing operation or operations in which 
     the tuna were caught.
       ``(5) No tuna product may be labeled with any reference to 
     dolphins, porpoises, or marine mammals, unless such product 
     is labeled as dolphin safe in accordance with this 
     subsection.''.
       (i) Tracking and Verification.--Subsection (f) of section 
     901 of the Dolphin Protection Consumer Information Act (16 
     U.S.C. 1385(f)) is amended to read as follows:
       ``(f) Tracking and Verification.--The Secretary, in 
     consultation with the Secretary of the Treasury, shall issue 
     regulations to implement subsection (d) not later than 3 
     months after the date of enactment of the International 
     Dolphin Conservation Program Act. In the development of these 
     regulations, the Secretary shall establish appropriate 
     procedures for ensuring the confidentiality of proprietary 
     information the submission of which is voluntary or 
     mandatory. Such regulations shall, consistent with 
     international efforts and in coordination with the Inter-
     American Tropical Tuna Commission, establish a domestic and 
     international tracking and verification program that provides 
     for the effective tracking of tuna labeled under subsection 
     (d), including but not limited to each of the following:
       ``(1) Specific regulations and provisions addressing the 
     use of weight calculation for purposes of tracking tuna 
     caught, landed, processed, and exported.
       ``(2) Additional measures to enhance observer coverage if 
     necessary.
       ``(3) Well location and procedures for monitoring, 
     certifying, and sealing holds above and below deck or other 
     equally effective methods of tracking and verifying tuna 
     labeled under subsection (d).
       ``(4) Reporting receipt of and database storage of radio 
     and facsimile transmittals from fishing vessels containing 
     information related to the tracking and verification of tuna, 
     and the definition of sets.
       ``(5) Shore-based verification and tracking throughout the 
     transshipment and canning process by means of Inter-American 
     Tropical Tuna Commission trip records or otherwise.
       ``(6) Provisions for annual audits and spot checks for 
     caught, landed, and processed tuna products labeled in 
     accordance with subsection (d).
       ``(7) The provision of timely access to data required under 
     this subsection by the Secretary from harvesting nations to 
     undertake the actions required in paragraph (6) of this 
     subsection.''.

     SEC. 5. AMENDMENTS TO TITLE III.

       (a) Heading.--The heading of title III is amended to read 
     as follows:
       ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM''.
       (b) Findings.--Section 301 (16 U.S.C. 1411) is amended as 
     follows:
       (1) In subsection (a), by amending paragraph (4) to read as 
     follows:
       ``(4) Nations harvesting yellowfin tuna in the eastern 
     tropical Pacific Ocean have demonstrated their willingness to 
     participate in appropriate multilateral agreements to reduce, 
     with the goal of eliminating, dolphin mortality in that 
     fishery. Recognition of the International Dolphin 
     Conservation Program will assure that the existing trend of 
     reduced dolphin mortality continues; that individual stocks 
     of dolphins are adequately protected; and that the goal of 
     eliminating all dolphin mortality continues to be a 
     priority.''.
       (2) In subsection (b), by amending paragraphs (2) and (3) 
     to read as follows:
       ``(2) support the International Dolphin Conservation 
     Program and efforts within the Program to reduce, with the 
     goal of eliminating, the mortality referred to in paragraph 
     (1);
       ``(3) ensure that the market of the United States does not 
     act as an incentive to the harvest of tuna caught with 
     driftnets or caught by purse seine vessels in the eastern 
     tropical Pacific Ocean that are not operating in compliance 
     with the International Dolphin Conservation Program;''.
       (c) International Dolphin Conservation Program.--Section 
     302 (16 U.S.C. 1412) is amended to read as follows:

     ``SEC. 302. AUTHORITY OF THE SECRETARY.

       ``(a) Regulations To Implement Program Regulations.--(1) 
     The Secretary shall issue regulations to implement the 
     International Dolphin Conservation Program.
       ``(2)(A) Not later than 3 months after the date of 
     enactment of this section, the Secretary shall issue 
     regulations to authorize and govern the incidental taking of 
     marine mammals in the eastern tropical Pacific Ocean, 
     including any species of marine mammal designated as depleted 
     under this Act but not listed as endangered or threatened 
     under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), by vessels of the United States participating in the 
     International Dolphin Conservation Program.
       ``(B) Regulations issued under this section shall include 
     provisions--
       ``(i) requiring observers on each vessel;
       ``(ii) requiring use of the backdown procedure or other 
     procedures equally or more effective in avoiding mortality of 
     marine mammals in fishing operations;
       ``(iii) prohibiting intentional deployment of nets on, or 
     encirclement of, dolphins in violation of the International 
     Dolphin Conservation Program;
       ``(iv) requiring the use of special equipment, including 
     dolphin safety panels in nets, monitoring devices as 
     identified by the International Dolphin Conservation Program, 
     as practicable, to detect unsafe fishing conditions before 
     nets are deployed by a tuna vessel, operable rafts, 
     speedboats with towing bridles, floodlights in operable 
     condition, and diving masks and snorkels;
       ``(v) ensuring that the backdown procedure during the 
     deployment of nets on, or encirclement of, dolphins is 
     completed and rolling of the net to sack up has begun no 
     later than 30 minutes after sundown;
       ``(vi) banning the use of explosive devices in all purse 
     seine operations;
       ``(vii) establishing per vessel maximum annual dolphin 
     mortality limits, total dolphin mortality limits and per-
     stock per-year mortality limits, in accordance with the 
     International Dolphin Conservation Program;
       ``(viii) preventing the intentional deployment of nets on, 
     or encirclement of, dolphins after reaching either the vessel 
     maximum annual dolphin mortality limits, total dolphin 
     mortality limits, or per-stock per-year mortality limits;
       ``(ix) preventing the fishing on dolphins by a vessel 
     without an assigned vessel dolphin mortality limit;
       ``(x) allowing for the authorization and conduct of 
     experimental fishing operations, under such terms and 
     conditions as the Secretary may prescribe, for the purpose of 
     testing proposed improvements in fishing techniques and 
     equipment (including new technology for detecting unsafe 
     fishing conditions before nets are deployed by a tuna vessel) 
     that may reduce or eliminate dolphin mortality or do not 
     require the encirclement of dolphins in the course of 
     commercial yellowfin tuna fishing;
       ``(xi) authorizing fishing within the area covered by the 
     International Dolphin Conservation Program by vessels of the 
     United States without the use of special equipment or nets if 
     the vessel takes an observer and does not intentionally 
     deploy nets on, or encircle, dolphins, under such terms and 
     conditions as the Secretary may prescribe; and
       ``(xii) containing such other restrictions and requirements 
     as the Secretary determines are necessary to implement the 
     International Dolphin Conservation Program with respect to 
     vessels of the United States.
       ``(C) The Secretary may make such adjustments as may be 
     appropriate to the requirements of subparagraph (B) that 
     pertain to fishing gear, vessel equipment, and fishing 
     practices to the extent the adjustments are consistent with 
     the International Dolphin Conservation Program.

[[Page H2788]]

       ``(b) Consultation.--In developing regulations under this 
     section, the Secretary shall consult with the Secretary of 
     State, the Marine Mammal Commission and the United States 
     Commissioners to the Inter-American Tropical Tuna Commission 
     appointed under section 3 of the Tuna Conventions Act of 1950 
     (16 U.S.C. 952).
       ``(c) Emergency Regulations.--(1) If the Secretary 
     determines, on the basis of the best scientific information 
     available (including that obtained under the International 
     Dolphin Conservation Program) that the incidental mortality 
     and serious injury of marine mammals authorized under this 
     title is having, or is likely to have, a significant adverse 
     effect on a marine mammal stock or species, the Secretary 
     shall take actions as follows--
       ``(A) notify the Inter-American Tropical Tuna Commission of 
     the Secretary's findings, along with recommendations to the 
     Commission as to actions necessary to reduce incidental 
     mortality and serious injury and mitigate such adverse 
     impact; and
       ``(B) prescribe emergency regulations to reduce incidental 
     mortality and serious injury and mitigate such adverse 
     impact.
       ``(2) Prior to taking action under paragraph (1) (A) or 
     (B), the Secretary shall consult with the Secretary of State, 
     the Marine Mammal Commission, and the United States 
     Commissioners to the Inter-American Tropical Tuna Commission.
       ``(3) Emergency regulations prescribed under this 
     subsection--
       ``(A) shall be published in the Federal Register, together 
     with an explanation thereof; and
       ``(B) shall remain in effect for the duration of the 
     applicable fishing year; and

     The Secretary may terminate such emergency regulations at a 
     date earlier than that required by subparagraph (B) by 
     publication in the Federal Register of a notice of 
     termination, if the Secretary determines that the reasons 
     for the emergency action no longer exist.
       ``(4) If the Secretary finds that the incidental mortality 
     and serious injury of marine mammals in the yellowfin tuna 
     fishery in the eastern tropical Pacific Ocean is continuing 
     to have a significant adverse impact on a stock or species, 
     the Secretary may extend the emergency regulations for such 
     additional periods as may be necessary.
       ``(d) Research.--The Secretary shall, in cooperation with 
     the nations participating in the International Dolphin 
     Conservation Program and with the Inter-American Tropical 
     Tuna Commission, undertake or support appropriate scientific 
     research to further the goals of the International Dolphin 
     Conservation Program. Such research may include but shall not 
     be limited to any of the following:
       ``(1) Devising cost-effective fishing methods and gear so 
     as to reduce, with the goal of eliminating, the incidental 
     mortality and serious injury of marine mammals in connection 
     with commercial purse seine fishing in the eastern tropical 
     Pacific Ocean.
       ``(2) Developing cost-effective methods of fishing for 
     mature yellowfin tuna without deployment of nets on, or 
     encirclement of, dolphins or other marine mammals.
       ``(3) Carrying out stock assessments for those marine 
     mammal species and marine mammal stocks taken in the purse 
     seine fishery for yellowfin tuna in the eastern tropical 
     Pacific Ocean, including species or stocks not within waters 
     under the jurisdiction of the United States.
       ``(4) Studying the effects of chase and encirclement on the 
     health and biology of dolphin and individual dolphin 
     populations incidentally taken in the course of purse seine 
     fishing for yellowfin tuna in the eastern tropical Pacific 
     Ocean. There are authorized to be appropriated to the 
     Department of Commerce $1,000,000 to be used by the 
     Secretary, acting through the National Marine Fisheries 
     Service, to carry out this paragraph. Upon completion of the 
     study, the Secretary shall submit a report containing the 
     results of the study, together with recommendations, to the 
     Congress and to the Inter-American Tropical Tuna Commission.
       ``(5) Determining the extent to which the incidental take 
     of nontarget species, including juvenile tuna, occurs in the 
     course of purse seine fishing for yellowfin tuna in the 
     eastern tropical Pacific Ocean, the geographic location of 
     the incidental take, and the impact of that incidental take 
     on tuna stocks, and nontarget species.

     The Secretary shall include a description of the annual 
     results of research carried out under this subsection in the 
     report required under section 303.''.
       (d) Reports.--Section 303 (16 U.S.C. 1414) is amended to 
     read as follows:

     ``SEC. 303. REPORTS BY THE SECRETARY.

       ``Notwithstanding section 103(f), the Secretary shall 
     submit an annual report to the Congress which includes each 
     of the following:
       ``(1) The results of research conducted pursuant to section 
     302.
       ``(2) A description of the status and trends of stocks of 
     tuna.
       ``(3) A description of the efforts to assess, avoid, 
     reduce, and minimize the bycatch of juvenile yellowfin tuna 
     and other nontarget species.
       ``(4) A description of the activities of the International 
     Dolphin Conservation Program and of the efforts of the United 
     States in support of the Program's goals and objectives, 
     including the protection of dolphin populations in the 
     eastern tropical Pacific Ocean, and an assessment of the 
     effectiveness of the Program.
       ``(5) Actions taken by the Secretary under subsections 
     (a)(2)(B) and (d) of section 101.
       ``(6) Copies of any relevant resolutions and decisions of 
     the Inter-American Tropical Tuna Commission, and any 
     regulations promulgated by the Secretary under this title.
       ``(7) Any other information deemed relevant by the 
     Secretary.''.
       (e) Permits.--Section 304 (16 U.S.C. 1416) is amended to 
     read as follows:

     ``SEC. 304. PERMITS.

       ``(a) In General.--(1) Consistent with section 302, the 
     Secretary is authorized to issue a permit to a vessel of the 
     United States authorizing participation in the International 
     Dolphin Conservation Program and may require a permit for the 
     person actually in charge of and controlling the fishing 
     operation of the vessel. The Secretary shall prescribe such 
     procedures as are necessary to carry out this subsection, 
     including, but not limited to, requiring the submission of--
       ``(A) the name and official number or other identification 
     of each fishing vessel for which a permit is sought, together 
     with the name and address of the owner thereof; and
       ``(B) the tonnage, hold capacity, speed, processing 
     equipment, and type and quantity of gear, including an 
     inventory of special equipment required under section 302, 
     with respect to each vessel.
       ``(2) The Secretary is authorized to charge a fee for 
     issuing a permit under this section. The level of fees 
     charged under this paragraph may not exceed the 
     administrative cost incurred in granting an authorization and 
     issuing a permit. Fees collected under this paragraph shall 
     be available, subject to appropriations, to the Under 
     Secretary of Commerce for Oceans and Atmosphere for expenses 
     incurred in issuing permits under this section.
       ``(3) After the effective date of the International Dolphin 
     Conservation Program Act, no vessel of the United States 
     shall operate in the yellowfin tuna fishery in the eastern 
     tropical Pacific Ocean without a valid permit issued under 
     this section.
       ``(b) Permit Sanctions.--(1) In any case in which--
       ``(A) a vessel for which a permit has been issued under 
     this section has been used in the commission of an act 
     prohibited under section 305;
       ``(B) the owner or operator of any such vessel or any other 
     person who has applied for or been issued a permit under this 
     section has acted in violation of section 305; or
       ``(C) any civil penalty or criminal fine imposed on a 
     vessel, owner or operator of a vessel, or other person who 
     has applied for or been issued a permit under this section 
     has not been paid or is overdue, the Secretary may--
       ``(i) revoke any permit with respect to such vessel, with 
     or without prejudice to the issuance of subsequent permits;
       ``(ii) suspend such permit for a period of time considered 
     by the Secretary to be appropriate;
       ``(iii) deny such permit; or
       ``(iv) impose additional conditions or restrictions on any 
     permit issued to, or applied for by, any such vessel or 
     person under this section.
       ``(2) In imposing a sanction under this subsection, the 
     Secretary shall take into account--
       ``(A) the nature, circumstances, extent, and gravity of the 
     prohibited acts for which the sanction is imposed; and
       ``(B) with respect to the violator, the degree of 
     culpability, any history of prior offenses, and other such 
     matters as justice requires.
       ``(3) Transfer of ownership of a vessel, by sale or 
     otherwise, shall not extinguish any permit sanction that is 
     in effect or is pending at the time of transfer of ownership. 
     Before executing the transfer of ownership of a vessel, by 
     sale or otherwise, the owner shall disclose in writing to the 
     prospective transferee the existence of any permit sanction 
     that will be in effect or pending with respect to the vessel 
     at the time of transfer.
       ``(4) In the case of any permit that is suspended for the 
     failure to pay a civil penalty or criminal fine, the 
     Secretary shall reinstate the permit upon payment of the 
     penalty or fine and interest thereon at the prevailing rate.
       ``(5) No sanctions shall be imposed under this section 
     unless there has been a prior opportunity for a hearing on 
     the facts underlying the violation for which the sanction is 
     imposed, either in conjunction with a civil penalty 
     proceeding under this title or otherwise.''.
       (f) Prohibitions.--Section 305 is repealed and section 307 
     (16 U.S.C. 1417) is redesignated as section 305, and amended 
     as follows:
       (1) In subsection (a):
       (A) By amending paragraph (1) to read as follows:
       ``(1) for any person to sell, purchase, offer for sale, 
     transport, or ship, in the United States, any tuna or tuna 
     product unless the tuna or tuna product is either dolphin 
     safe or has been harvested in compliance with the 
     International Dolphin Conservation Program by a country that 
     is a member of the Inter-American Tropical Tuna Commission or 
     has initiated steps, in accordance with Article V, paragraph 
     3 of the Convention establishing the Inter-American Tropical 
     Tuna Commission, to become a member of that organization;''.
       (B) By amending paragraph (2) to read as follows:
       ``(2) except in accordance with this title and regulations 
     issued pursuant to this title

[[Page H2789]]

     as provided for in subsection 101(e), for any person or 
     vessel subject to the jurisdiction of the United States 
     intentionally to set a purse seine net on or to encircle any 
     marine mammal in the course of tuna fishing operations in the 
     eastern tropical Pacific Ocean; or''.
       (C) By amending paragraph (3) to read as follows:
       ``(3) for any person to import any yellowfin tuna or 
     yellowfin tuna product or any other fish or fish product in 
     violation of a ban on importation imposed under section 
     101(a)(2);''.
       (2) In subsection (b)(2), by inserting ``(a)(5) and'' 
     before ``(a)(6)''.
       (3) By striking subsection (d).
       (g) Repeal.--Section 306 is repealed and section 308 (16 
     U.S.C. 1418) is redesignated as section 306, and amended by 
     striking ``303'' and inserting in lieu thereof ``302(d)''.
       (h) Clerical Amendments.--The table of contents in the 
     first section of the Marine Mammal Protection Act of 1972 is 
     amended by striking the items relating to title III and 
     inserting in lieu thereof the following:

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

``Sec. 301. Findings and policy.
``Sec. 302. Authority of the Secretary.
``Sec. 303. Reports by the Secretary.
``Sec. 304. Permits.
``Sec. 305. Prohibitions.
``Sec. 306. Authorization of appropriations.''.

     SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT OF 1950.

       (a) Membership.--Section 3(c) of the Tuna Conventions Act 
     of 1950 (16 U.S.C. 952(c)) is amended to read as follows:
       ``(c) at least one shall be either the Director, or an 
     appropriate regional director, of the National Marine 
     Fisheries Service; and''.
       (b) General Advisory Committee and Scientific Advisory 
     Subcommittee.--Section 4 of the Tuna Conventions Act of 1950 
     (16 U.S.C. 953) is amended to read as follows:

     ``SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
                   SUBCOMMITTEE.

       ``The Secretary, in consultation with the United States 
     Commissioners, shall:
       ``(1) Appoint a General Advisory Committee which shall be 
     composed of not less than 5 nor more than 15 persons with 
     balanced representation from the various groups participating 
     in the fisheries included under the conventions, and from 
     nongovernmental conservation organizations. The General 
     Advisory Committee shall be invited to have representatives 
     attend all nonexecutive meetings of the United States 
     sections and shall be given full opportunity to examine and 
     to be heard on all proposed programs of investigations, 
     reports, recommendations, and regulations of the commission. 
     The General Advisory Committee may attend all meetings of the 
     international commissions to which they are invited by such 
     commissions.
       ``(2) Appoint a Scientific Advisory Subcommittee which 
     shall be composed of not less than 5 nor more than 15 
     qualified scientists with balanced representation from the 
     public and private sectors, including nongovernmental 
     conservation organizations. The Scientific Advisory 
     Subcommittee shall advise the General Advisory Committee and 
     the Commissioners on matters including the conservation of 
     ecosystems; the sustainable uses of living marine resources 
     related to the tuna fishery in the eastern Pacific Ocean; and 
     the long-term conservation and management of stocks of living 
     marine resources in the eastern tropical Pacific Ocean. In 
     addition, the Scientific Advisory Subcommittee shall, as 
     requested by the General Advisory Committee, the United 
     States Commissioners or the Secretary, perform functions and 
     provide assistance required by formal agreements entered into 
     by the United States for this fishery, including the 
     International Dolphin Conservation Program. These functions 
     may include each of the following:
       ``(A) The review of data from the Program, including data 
     received from the Inter-American Tropical Tuna Commission.
       ``(B) Recommendations on research needs, including 
     ecosystems, fishing practices, and gear technology research, 
     including the development and use of selective, 
     environmentally safe and cost-effective fishing gear, and on 
     the coordination and facilitation of such research.
       ``(C) Recommendations concerning scientific reviews and 
     assessments required under the Program and engaging, as 
     appropriate, in such reviews and assessments.
       ``(D) Consulting with other experts as needed.
       ``(E) Recommending measures to assure the regular and 
     timely full exchange of data among the parties to the Program 
     and each nation's National Scientific Advisory Committee (or 
     equivalent).
       ``(3) Establish procedures to provide for appropriate 
     public participation and public meetings and to provide for 
     the confidentiality of confidential business data. The 
     Scientific Advisory Subcommittee shall be invited to have 
     representatives attend all nonexecutive meetings of the 
     United States sections and the General Advisory Subcommittee 
     and shall be given full opportunity to examine and to be 
     heard on all proposed programs of scientific investigation, 
     scientific reports, and scientific recommendations of the 
     commission. Representatives of the Scientific Advisory 
     Subcommittee may attend meetings of the Inter-American 
     Tropical Tuna Commission in accordance with the rules of such 
     Commission.
       ``(4) Fix the terms of office of the members of the General 
     Advisory Committee and Scientific Advisory Subcommittee, who 
     shall receive no compensation for their services as such 
     members.''.
       (c) Bycatch Reduction.--The Tuna Conventions Act of 1950 
     (16 U.S.C. 951 et seq.) is amended by adding at the end the 
     following new section:


         ``REDUCTION OF BYCATCH IN EASTERN TROPICAL PACIFIC OCEAN

       ``Sec. 15. The Secretary of State, acting through the 
     United States Commissioners, should take the necessary steps 
     to establish standards and measures for a bycatch reduction 
     program for vessels fishing for yellowfin tuna in the eastern 
     tropical Pacific Ocean. The program shall include to the 
     extent practicable--
       ``(1) that sea turtles and other threatened species and 
     endangered species are released alive, to the maximum extent 
     practicable;
       ``(2) measures to reduce, to the maximum extent 
     practicable, the harvest of nontarget species;
       ``(3) measures to reduce, to the maximum extent 
     practicable, the mortality of nontarget species; and
       ``(4) measures to reduce, to the maximum extent 
     practicable, the mortality of juveniles of the target 
     species.''.

     SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS.

       It is the sense of the Congress that each nation 
     participating in the International Dolphin Conservation 
     Program should contribute an equitable amount to the expenses 
     of the Inter-American Tropical Tuna Commission. Such 
     contributions shall take into account the number of vessels 
     from that nation fishing for tuna in the eastern tropical 
     Pacific Ocean, the consumption of tuna and tuna products from 
     the eastern tropical Pacific Ocean and other relevant factors 
     as determined by the Secretary.

     SEC. 8. POLAR BEAR PERMITS.

       Paragraph (5) of section 104(c) of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is amended as 
     follows:
       (1) In subparagraph (A), by striking ``, including polar 
     bears taken but not imported prior to the date of enactment 
     of the Marine Mammal Protection Act Amendments of 1994,''.
       (2) By adding the following new subparagraph at the end 
     thereof:
       ``(D) The Secretary of the Interior shall, expeditiously 
     after the expiration of the applicable 30-day period under 
     subsection (d)(2), issue a permit for the importation of 
     polar bear parts (other than internal organs) from polar 
     bears taken in sport hunts in Canada before the date of 
     enactment of the Marine Mammal Protection Act Amendments of 
     1994, to each applicant who submits, with the permit 
     application, proof that the polar bear was legally harvested 
     in Canada by the applicant. The Secretary shall issue such 
     permits without regard to the provisions of subparagraphs (A) 
     and (C)(ii) of this paragraph, subsection (d)(3) of this 
     section, and sections 101 and 102. This subparagraph shall 
     not apply to polar bear parts that were imported before the 
     effective date of this subparagraph''.

     SEC. 9. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     Act and the amendments made by this Act shall take effect 
     upon certification by the Secretary of State to the Congress 
     that a binding resolution of the Inter-American Tropical Tuna 
     Commission, or another legally binding instrument, 
     establishing the International Dolphin Conservation Program 
     has been adopted and is in effect.
       (b) Provisions Effective Upon Enactment.--Section 8 and 
     this section shall take effect on the date of enactment of 
     this Act.

                               H.R. 1385

                         Offered By: Mr. McKeon

       Amendment No. 1: Page 9, line 18, strike ``15'' and insert 
     ``20''.
       Page 10, line 6, strike ``85'' and insert ``80''.
       Page 23, line 21, after ``1996,'' insert ``the Community 
     Services Block Grant Act, title V of the Older Americans Act 
     of 1965, the National and Community Service Act of 1990,''.
       Page 25, line 12, strike ``(9)'' and insert ``(9)(A)''.
       Page 25, after line 21, insert the following:
       ``(B) An assurance that each local workforce development 
     area will be allowed to determine the proportion of funds 
     allocated to such area under section 204(b)(2) that will be 
     used to provide summer employment opportunities and year-
     round disadvantaged youth activities, respectively.
       Page 27, strike lines 10 through 15 and insert the 
     following:
       ``(A) a description of the assessment that will be made to 
     determine the adult education and family literacy needs of 
     the State;
       ``(B) a description of the adult education and literacy 
     activities that will be carried out with any funds received 
     under such part, including activities carried out under 
     section 314(a) of such Act;
       Page 27, line 16, strike ``such activities'' and insert 
     ``the adult education and literacy activities that will be 
     carried out with any funds received under such part''.
       Page 28, beginning on line 4, strike ``the Adult Education 
     and Family Literacy Act;'' and insert ``such Act;''.
       Page 29, line 3, strike ``determines'' and all that follows 
     through line 5 and insert ``makes a written determination, 
     within 90 days after receiving the plan, that the plan is 
     inconsistent with the specific provisions of this Act.

[[Page H2790]]

       Page 29, line 10, strike ``through (10)'' and insert 
     ``through (9)(A), paragraph (10),''.
       Page 30, line 2, strike ``entities:'' and insert the 
     following: ``entities (who overall, represent diverse regions 
     of the State, including urban, rural, and suburban areas):''.
       Page 30, after line 3, insert the following:
       ``(2) representatives of the State legislature;''.
       Page 30, line 4, strike ``(2)'' and insert ``(3)''.
       Page 30, line 22, strike ``(3)'' and insert ``(4)''.
       Page 31, line 14, strike ``(4)'' and insert ``(5)''.
       Page 31, line 16, after ``designate;'' insert ``and''.
       Page 31, strike line 17.
       Page 33, strike line 22 and 23 and insert the following:
       ``(a) Designation of areas.--
       ``(1) In general.--Except as provided in subsection (b), 
     and consistent with paragraph (2), a State that desires to 
     receive a grant under title II
       Page 34, line 8, strike ``(1)'' and insert ``(A)'' (and 
     move such subparagraph 2 ems to the right).
       Page 34, line 9, strike ``(2)'' and insert ``(B)'' (and 
     move such subparagraph 2 ems to the right).
       Page 34, line 12, strike ``(3)'' and insert ``(C)'' (and 
     move such subparagraph 2 ems to the right).
       Page 34, line 14, strike ``(4)'' and insert ``(D)'' (and 
     move such subparagraph 2 ems to the right).
       Page 34, line 19, strike ``(5)'' and insert ``(E)'' (and 
     move such subparagraph 2 ems to the right).
       Page 34, after line 20, insert the following:
       ``(2) Automatic designation.--The Governor shall approve 
     any request for designation as a workforce development area 
     from any unit of general local government with a population 
     of 500,000 or more.
       Page 35, line 21, strike ``Such'' and insert ``(A) Such''.
       Page 35, line 24, strike ``(A)'' and insert `(i)''.
       Page 36, line 8, strike ``(B)'' and insert `(ii)''.
       Page 36, line 19, add ``and'' at the end.
       Page 36, line 20, strike ``(C)'' and insert `(iii)''.
       Page 37, beginning on line 6, strike ``entities;'' and all 
     that follows through line 9 and insert ``entities.''.
       Page 37, after line 6, insert the following:
       ``(B) In addition, the membership of each local board may 
     consist of representatives of local welfare agencies, 
     economic development agencies, and the local employment 
     service system.
       Page 41, line 8, after ``board'' insert ``, in partnership 
     with the chief local elected official,''.
       Page 41, line 9, after ``Governor'' insert ``, for 
     approval,''
       Page 45, strike line 10 and all that follows through line 9 
     on page 46.
       Page 52, line 19, strike ``center''.
       Page 52, line 19, strike ``and''.
       Page 52, line 21, strike ``activities'' and insert 
     ``activities, and upon request, minutes of formal meetings of 
     the local board''.
       Page 59, line 5, strike ``for'' and all that follows 
     through line 20 and insert the following: ``for programs that 
     are eligible to participate in title IV of the Higher 
     Education Act of 1965.''.
       Page 61, line 23, strike ``and''.
       Page 61, line 25, strike ``program.'' and insert ``program; 
     and''.
       Page 61, after line 25, insert the following:
       ``(D) for literacy providers or providers of integrated 
     education and training services, the success rate of the 
     applicable program in raising the literacy levels of 
     individuals in skill areas that are considered important for 
     successful participation in training and employment.
       Page 66, strike line 9 and all that follows through line 2 
     on page 67 and insert the following:
       ``(A) Termination for nonperformance.--If the designated 
     State agency, or the local workforce development board 
     working through the State agency, determines that an eligible 
     provider under subsection (a) substantially fails to meet 
     performance criteria established by the Governor, the agency, 
     or the local board working through the State agency, may 
     terminate the eligibility of such provider.
       Page 83, line 20, strike ``Negotiation'' and insert 
     ``Agreement''.
       Page 83, beginning on line 25, strike ``is authorized to 
     negotiate with each State'' and insert ``and each State shall 
     reach agreement on''.
       Page 84, beginning on line 8, strike ``negotiations'' and 
     insert ``agreement''.
       Page 84, line 24, strike ``carry out the negotiation'' and 
     insert ``enter into the agreement''.
       Page 85, beginning on line 5, strike ``carry out the 
     negotiation'' and insert ``enter into the agreement''.
       Page 89, strike line 15 and insert the following:
       ``(a) Report.--
       ``(1) In general.--Each State that receives funds
       Page 89, line 25, strike ``In'' and insert the following:
       ``(2) Additional information.-- In''.
       Page 90, line 1, strike ``include'' and insert ``include--
     ''.
       Page 90, line 1, strike ``information'' and insert the 
     following:
       ``(A) information
       Page 90, line 3, strike the period and insert ``; and''.
       Page 90, after line 3, insert the following:
       ``(B) comments assessing the process used for reaching 
     agreement on the State adjusted benchmarks pursuant to 
     section 153(a) and may also include comments from local 
     workforce development areas assessing the process for 
     negotiating local benchmarks pursuant to section 153(b).
       Page 92, line 20, strike ``upon request to the Secretary'' 
     and insert ``or upon request by the Governor, the 
     Secretary''.
       Page 92, line 21, strike ``including'' and insert ``which 
     may include''
       Page 92, line 22, strike ``plan'' and insert ``plan, or the 
     development of a modified local plan''.
       Page 93, strike line 15 and all that follows through line 4 
     on page 94 and insert the following:
       ``(ii) Appeal by workforce development area.--

       ``(I) Appeal to governor.--A workforce development area 
     that is subject to a reorganization plan under clause (i) 
     may, not later than 30 days after receiving notice thereof, 
     appeal to the Governor to rescind or revise such plan. In 
     such case, the Governor shall make a final decision not later 
     then 30 days after the receipt of the appeal.
       ``(II) Subsequent action.--A local workforce development 
     area may, not later than 30 days after receiving a decision 
     from the Governor pursuant to subclause (I), appeal such 
     decision to the Secretary. In such case the Secretary shall 
     make a final decision not later than 30 days after the 
     receipt of the appeal.

       ``(iii) Effective date.-- The actions take by the Governor 
     under subclause (I) shall become effective at the time the 
     Governor issues a decision pursuant to such subclause. Such 
     action shall remain effective unless the Secretary rescinds 
     or revises such plan pursuant to subclause (II).''.
       Page 103, strike line 14, and insert the following:
       (2) by striking subsection (e) and inserting the following:
       ``(e) Waivers.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Labor may waive--
       ``(A) any of the statutory or regulatory requirements of 
     this title and titles II and III of this Act (except for 
     requirements relating to wage and labor standards, worker 
     rights, participation and protection, grievance procedures 
     and judicial review, nondiscrimination, allocation of funds 
     to local areas, eligibility, review and approval of plans, 
     the establishment and functions of workforce development 
     areas and workforce development boards, and the basic 
     purposes of the Act); and
       ``(B) any of the statutory or regulatory requirements of 
     sections 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 49g 
     through 49i) (except for requirements relating to the 
     provision of services to unemployment insurance claimants and 
     veterans and to universal access to basic labor exchange 
     services without cost to job seekers), pursuant to a request 
     submitted by a State which meets the requirements of 
     paragraph (2).
       ``(2) Requests.--A State requesting a waiver under 
     paragraph (1) shall submit a plan to the Secretary to improve 
     the workforce development system which--
       ``(A) identifies the statutory or regulatory requirements 
     that are requested to be waived and the goals which the State 
     or local workforce development areas intend to achieve;
       ``(B) describes the actions that the State or local 
     workforce development areas have undertaken to remove State 
     or local statutory or regulatory barriers;
       ``(C) describes the goals of the waiver and the expected 
     programmatic outcomes if the request is granted;
       ``(D) describes the individuals impacted by the waiver; and
       ``(E) describes the process used to monitor the progress in 
     implementing a waiver, and for which notice and an 
     opportunity to comment on such request has been provided to 
     the organizations identified in section 122 (e)(2) of this 
     Act, if and only to the extent that the Secretary determines 
     that such requirements impede the ability of the State to 
     implement such plan to improve the workforce development 
     system and the State has executed a memorandum of 
     understanding with the Secretary requiring such State to meet 
     agreed-upon outcomes and implement other appropriate measures 
     to ensure accountability.
       Page 104, strike line 6 and insert the following:
       ``(a) Administrative Costs.--
       ``(1) In general.--The Secretary, after consultation
       Page 104, after line 11, insert the following:
       ``(2) Additional requirement.--Notwithstanding any other 
     provision of law, regulations issued by the Secretary under 
     paragraph (1) shall provide procedures under which the 
     Governor may approve a plan for the pooling of administrative 
     funds, which are available in accordance with the limitation 
     in subsection (b)(1), if the Governor determines that such 
     plan would not jeopardize the administration of the 
     activities from which such funds are to be transferred.
       Page 114, line 21, after ``reserve'' insert ``not less 
     than''.
       Page 114, line 25, strike ``services''.
       Page 115, strike line 2 and all that follows through line 5 
     and insert the following:
       ``(ii) agree to provide matching funds from sources other 
     than those received under this

[[Page H2791]]

     subparagraph for such services in an amount equal to the 
     Federal funds received under this subparagraph.
       Page 116, line 18, after ``121,'' insert ``in accordance 
     with paragraphs (2) and (3),''.
       Page 116, strike line 21 and all that follows through line 
     11 on page 118 and insert the following:
       ``(2) Allocation by formula.--
       ``(A) In general.--Each State shall allocate not less than 
     70 percent of the remainder of funds described in paragraph 
     (1) to workforce development areas within the State pursuant 
     to the formula contained in subparagraph (B) for the 
     provision of services for disadvantaged youth in accordance 
     with section 206.
       ``(B) Formula.--Of the amounts described in subparagraph 
     (A)--
       ``(i) 33\1/3\ percent shall be allocated on the basis of 
     the relative number of unemployed individuals residing in 
     areas of substantial unemployment in each workforce 
     development area as compared to the total number of such 
     unemployed individuals in all such areas of substantial 
     unemployment in the State;
       ``(ii) 33\1/3\ percent shall be allocated on the basis of 
     the relative excess number of unemployed individuals who 
     reside in each workforce development area as compared to the 
     total excess number of unemployed individuals in all 
     workforce development areas in the State; and
       ``(iii) 33\1/3\ percent shall be allocated on the basis of 
     the relative number of economically disadvantaged youth in 
     each workforce development area as compared to the total 
     number of disadvantaged youth in all workforce development 
     areas in the State.
       ``(3) Discretionary allocation.--The State, through the 
     collaborative process under section 102, is authorized to 
     allocate not more than 30 percent of the remainder of funds 
     described in paragraph (1) to workforce development areas for 
     the provision of services for disadvantaged youth in 
     accordance with section 206. Such funds shall be allocated to 
     urban, rural, and suburban areas throughout the State and 
     shall be allocated promptly in accordance with section 
     162(e).
       Page 123, line 2, strike ``and'' at the end.
       Page 123, line 3, strike the period and insert ``; and''.
       Page 123, after line 3 insert the following:
       ``(H) provide summer employment opportunities that are 
     directly linked to academic and occupational learning.''.
       Page 124, strike line 4 and all that follows through line 
     10.
       Page 124, strike lines 11 and 12 and insert the following:

       (III) in subparagraph (G) by striking ``in public

       Page 124, line 18, strike ``(V)'' and insert ``(IV)''.
       Page 124, strike line 25 and insert the following: ``area; 
     and';''.
       Page 125, strike lines 1 and 2 and insert the following:

       (V) by amending subparagraph (I) to read as follows:

       ``(I) summer employment opportunities that are directly 
     linked to academic and occupational learning.''; and

       (VI) by striking subparagraphs (J) through (L); and

       Page 139, line 5, strike ``and''.
       Page 139, line 6, after ``projects'' insert ``, and the 
     provision of employment and training services''.
       Page 143, strike line 5 and all that follows through line 
     23 on page 145 and insert the following:
       ``(B) Adult employment and training allocations.--
       ``(i) Adult employment and training formula allocations.--
     Each State shall allocate not less than 70 percent of the 
     remainder of funds described in subsection (a)(1)(A) to 
     workforce development areas within the State pursuant to the 
     formula contained in clause (ii) for the provision of adult 
     employment and training services in accordance with section 
     314.
       ``(ii) Formula.--Of the amounts described in clause (i)--

       ``(I) 33\1/3\ percent shall be allocated on the basis of 
     the relative number of unemployed individuals residing in 
     areas of substantial unemployment in each workforce 
     development area as compared to the total number of such 
     unemployed individuals in all such areas of substantial 
     unemployment in the State;
       ``(II) 33\1/3\ percent shall be allocated on the basis of 
     the relative excess number of unemployed individuals who 
     reside in each workforce development area as compared to the 
     total excess number of unemployed individuals in all 
     workforce development areas in the State; and
       ``(III) 33\1/3\ percent shall be allocated on the basis of 
     the relative number of economically disadvantaged adults in 
     each workforce development area as compared to the total 
     number of disadvantaged adults in all workforce development 
     areas in the State.

       ``(iii) Adult employment and training discretionary 
     allocation.--The State, through the collaborative process, is 
     authorized to allocate not more than 30 percent of the 
     remainder of funds described in subsection (a)(1)(A) to 
     workforce development areas for the provision of adult 
     employment and training services in accordance with section 
     314. Such funds shall be allocated to urban, rural, and 
     suburban areas throughout the State and shall be allocated 
     promptly in accordance with section 162(e).
       ``(C) Dislocated worker employment and training 
     allocations.--
       ``(i) Dislocated worker employment and training formula 
     allocations.--Each State shall allocate not less than 70 
     percent of the remainder of funds described in subsection 
     (a)(2)(A) to workforce development areas within the State 
     pursuant to the formula contained in clause (ii) for the 
     provision of employment and training services to dislocated 
     workers in accordance with section 314.
       ``(ii) Formula.--Of the amounts described in clause (i)--

       ``(I) 33\1/3\ percent shall be allocated on the basis of 
     the relative number of unemployed individuals residing in 
     areas of substantial unemployment in each workforce 
     development area as compared to the total number of such 
     unemployed individuals in all such areas of substantial 
     unemployment in the State;
       ``(II) 33\1/3\ percent shall be allocated on the basis of 
     the relative excess number of unemployed individuals who 
     reside in each workforce development area as compared to the 
     total excess number of unemployed individuals in all 
     workforce development areas in the State; and
       ``(III) 33\1/3\ percent shall be allocated on the basis of 
     the relative number of individuals who have been unemployed 
     for 15 weeks or more within each workforce development area 
     of the State as compared to the total number of such 
     individuals in all workforce development areas in the State.

       ``(iii) Dislocated worker employment and training 
     discretionary allocation.--The State, through the 
     collaborative process, is authorized to allocate not more 
     than 30 percent of the remainder of funds described in 
     subsection (a)(2)(A) to workforce development areas for the 
     provision employment and training services to dislocated 
     workers in accordance with section 314. Such funds shall be 
     allocated to urban, rural, and suburban areas throughout the 
     State and shall be allocated promptly in accordance with 
     section 162(e).
       Page 145, line 24, strike ``(4)'' and insert ``(3)''.
       Page 158, line 17, add at the end closed quotation marks 
     and a second period.
       Page 158, strike line 18 and all that follows through line 
     24.
       Page 170, line 19, strike the closed quotation marks and 
     the second period.
       Page 170, after line 19, insert the following:
       ``(e) Prior to the closure of any Job Corps center, the 
     Secretary shall ensure that--
       ``(1) the proposed decision to close the center is 
     announced in advance to the general public through 
     publication in the Federal Register or other appropriate 
     means;
       ``(2) the establishment of a reasonable comment period, not 
     to exceed 30 days, for interested individuals to submit 
     written comments to the Secretary;
       ``(3) the Members of Congress who represent districts 
     affected by the proposed decision to close the center are 
     notified within a reasonable period of time in advance of any 
     final decision to close the center; and
       ``(4) the geographic location of alternative Job Corps 
     centers is among the factors taken into account in the 
     decision to close the center.
       Page 174, line 15, strike ``skills'' and insert ``skill 
     needs''.
       Page 174, after line 15, insert the following:
       ``(B) projects that provide training to upgrade the skills 
     of employed workers who reside and are employed in enterprise 
     zones or empowerment communities;
       Page 174, line 16, strike ``(B)'' and insert ``(C)''.
       Page 174, line 20, strike ``(C)'' and insert ``(D)''.
       Page 174, line 24, strike ``(D)'' and insert ``(E)''.
       Page 175, line 4, strike ``(E)'' and insert ``(F)''.
       Page 175, line 9, strike ``and''.
       Page 175, after line 9, insert the following:
       ``(G) projects to assist public housing authorities that 
     provide to public housing residents job training programs 
     that demonstrate successful job skills upgrading and 
     employment;
       Page 175, line 10, strike ``(F)'' and insert ``(H)''.
       Page 191, strike lines 15 through 25 and insert the 
     following:
       ``(A) the degree to which the provider will establish 
     measurable goals for client outcomes, including the core 
     indicators of performance pertaining to adult education set 
     forth in section 154 of the Employment, Training, and 
     Literacy Enhancement Act, that are tied to challenging State 
     performance standards for literacy proficiency;
       ``(B) the past effectiveness of a provider in improving the 
     literacy skills of adults and families, and, after the 1-year 
     period beginning with the adoption of a State's core 
     indicators and benchmarks under the Employment, Training, and 
     Literacy Enhancement Act, the success of a provider receiving 
     funding under this Act in meeting or exceeding such 
     benchmarks, especially with respect to those adults with the 
     lowest levels of literacy;
       Page 192, line 19, add ``and'' at the end;
       Page 192, line 25, strike ``activities;'' and insert 
     ``activities.''.
       Page 193, strike lines 1 through 10.
       Page 202, line 5, strike ``agencies;'' and insert 
     ``agencies, such as the special literacy needs of individuals 
     with learning disabilities;''
       Page 226, strike the item relating to section 322.
       Page 274, strike line 10 and all that follows through line 
     14 and insert the following:

[[Page H2792]]

       (ii) in subsection (e)(1)(B)(iii), by striking ``Job 
     Training Partnership Act (29 U.S.C. 1693)'' and inserting 
     ``Employment, Training, and Literacy Enhancement Act''.
       Page 276, line 9, strike ``The Secretary of Education'' and 
     insert ``(a) In General.--The Secretary of Education''.
       Page 276, after line 14, insert the following:
       (b) Extended Transition Period.--
       (1) In general.--If, on or before July 1, 1997, a State has 
     enacted a State statute that provides for the establishment 
     or conduct of three or more of the programs, projects, or 
     activities described in subparagraphs (A) through (E) or 
     paragraph (2), the State shall not be required to comply with 
     provisions of this Act that conflict with such State statute 
     for the period ending three years after the date of enactment 
     of this Act.
       (2) Programs, projects, and activities described.--The 
     programs, projects, and activities described in this 
     paragraph are the following:
       (A) Establishment of human resource investment councils or 
     substate councils.
       (B) Reorganization or consolidation of State agencies with 
     responsibility for State employment and training programs.
       (C) Reorganization or consolidation of State employment and 
     training programs.
       (D) Restructuring of local delivery systems for State 
     employment and training programs.
       (E) Development or restructuring of State accountability or 
     oversight systems to focus on performance.

                    H.R. 1385 Offered by Mr. Graham

       Amendment No. 2. Page 15, line 18, after ``services'' 
     insert ``provided to participants on a voluntary basis''.
       Page 15, line 20, after ``family'' insert ``(such as 
     eliminating or reducing welfare dependency)''.
       Page 16, strike lines 1 through 3 and insert the following:
       ``(B) Equipping parents to partner with their children in 
     learning.
       Page 16, strike lines 6 through 8 and insert the following:
       ``(D) Appropriate instruction for children of parents 
     receiving parent literacy services.
       Page 28, line 11, after ``award'' insert ``not less than 
     1''.
       Page 28, line 11, strike ``grants'' and insert ``grant''.
       Page 52, after line 12, add the following:
       ``(7) Limitation.--Nothing in this Act shall be construed 
     to provide local workforce development boards with the 
     authority to mandate curriculum for schools.
       Page 19=79, line 10, after ``adults,'' insert ``on a 
     voluntary basis,''.
       Page 179, lien 12, after ``parents,'' insert ``on a 
     voluntary basis,''.
       Page 184, after line 5, insert the following:

     ``SEC. 305. HOME SCHOOLS.

       ``Nothing in this title shall be construed to affect home 
     schools, nor to compel a parent engaged in home schooling to 
     participate in an English literacy program, family literacy 
     services, or adult education.
       Page 192, line 6, strike ``, such as'' and all that follows 
     through line 11 and insert a semicolon.
       Page 192, line 19, strike ``gains;'' and insert ``gains and 
     uses instructional practices, such as phonemic awareness and 
     systematic phonics, that research has proven to be effective 
     in teaching individuals to read,''.
       Page 194, line 11, after ``including'' insert ``instruction 
     incorporation phonemic awareness and systematic phonics 
     and''.
       Page 195, line 5, strike ``curricula;'' and insert 
     ``curricula, including curricula incorporating phonemic 
     awareness and systematic phonics;''.
       Page 199, line 10, strike ``available'' and insert 
     ``available, including the work of the National Institute of 
     Child Health and Human Development in the area of phonemic 
     awareness and systematic phonics,''.
       Page 201, beginning on line 4, after ``including'' insert 
     ``instruction'' in phonemic awareness and systematic phonics 
     and''.
       Page 201, line 5, strike ``such'' and insert ``literacy and 
     basic skills''.
       Page 201, line 22, before ``research'' insert ``reliable 
     and replicable''.
       Page 202, line 8, strike ``promise;'' and insert ``promise, 
     including phonemic awareness and systematic phonics based on 
     the work of the National Institute of Child Health and Human 
     Development;''.
       Page 204, line 3, before ``research'' insert ``reliable and 
     replicable''.
       Page 210, line 9, strike ``adults;'' and insert ``adults, 
     including instructional practices using phonemic awareness 
     and systematic phonics based on the work of the National 
     Institute of Child Health and Human Development;''.
       Page 211, line 24, strike ``A'' and insert ``A, and based 
     on scientific evidence, where available.''.

                               H.R. 1385

                         Offered By: Mr. McKeon

       Amendment No. 3: Page 6, after the item relating to section 
     2263, insert the following:

Sec. 2264. Requirement that Federal agencies provide certification of 
              compliance with electronic and information technology 
              accessibility guidelines.

       Page 277, after line 3, insert the following:
       (1) in paragraph (5), by inserting after ``supported 
     employment'' the following: ``and self-employment or business 
     ownership'';
       Page 277, line 4, strike ``(1)'' and insert ``(2)''.
       Page 277, line 5, strike ``(2)'' and insert ``(3)''.
       Page 277, line 7, strike ``(3)'' and insert ``(4)''.
       Page 279, line 6, strike ``(4)'' and insert ``(5)''.
       Page 279, after line 23, insert the following:
       (a) Declaration of Policy.--Section 100(a)(3)(C) of the 
     Rehabilitation Act of 1973 (29 U.S.C. 720(a)(3)(C)) is 
     amended to read as follows:
       ``(C) Applicants and eligible individuals must be active 
     and full partners in the vocational rehabilitation process, 
     making meaningful and informed choices--
       ``(i) during assessments to determine eligibility and 
     vocational rehabilitation needs; and
       ``(ii) in the selection of the employment goal, services 
     needed to achieve the goal, entities providing such services, 
     and the methods used to procure such services.''.
       Page 279, line 24, strike ``Section 100(b)'' and insert 
     ``(b) Authorization of appropriations.--Section 100(b)''.
       Page 280, strike line 19 and all that follows through line 
     4 on page 281 and insert the following:
       (2) in paragraph (7)(A) to read as follows:
       ``(A) include a description, consistent with the purposes 
     of this Act, of a comprehensive system of personnel 
     development, which, at a minimum, shall consist of--
       ``(i) a description of the procedures and activities the 
     State agency will undertake to address the current and 
     projected training needs of all personnel in the designated 
     State unit to ensure that they are adequately trained and 
     prepared;
       ``(ii) a plan to coordinate and facilitate efforts between 
     the designated State unit and institutions of higher 
     education and professional institutions to recruit, prepare, 
     and retain qualified personnel, including personnel from 
     minority backgrounds and personnel who are individuals with 
     disabilities; and
       ``(iii) the development and maintenance of a system for 
     determining on an annual basis the number and type of 
     personnel that are employed by the State agency in the 
     provision of vocational rehabilitation services, including 
     ratios of counselors to clients;'';
       Page 281, after line 5, insert the following:
       (A) by inserting ``the Rural Development Administration of 
     the Department of Agriculture,'' after ``the Department of 
     Veterans Affairs,'';
       Page 281, line 6, strike ``(A)'' and insert ``(B)''.
       Page 281, line 9, strike ``(B)'' and insert ``(C)''.
       Page 282, after line 3, insert the following:
       (11) in paragraph (35), by striking ``and'' at the end;
       Page 282, strike lines 4 through 10 and insert the 
     following:
       (12) in paragraph (36)--
       (A) in subparagraph (b)(i), by moving the margin two ems to 
     the left;
       (B) in clauses (i), (ii), and (iii) of subparagraph (C) 
     (including subclause (II) of each of such clauses (ii) and 
     (iii)), by moving the margin two ems to the left; and
       (C) by striking the period at the end and inserting ``; 
     and'';
       (13) by adding at the end the following:
       ``(37) provide assurances that the State, or any recipient 
     of funds made available to the State under this title, will 
     comply with the guidelines established under section 508(a) 
     of this Act.''; and
       Page 282, line 11, strike ``(12)'' and insert ``(14)''.
       Page 282, line 13, strike ``(36)'' and insert ``(37)''.
       Page 282, line 13, strike ``(32),'' and insert ``(33),''.
       Page 282, after line 14, add line 14, add the following 
     (and conform the table of contents of the bill accordingly):

     SEC. 2203. INDIVIDUALIZED PLAN FOR EMPLOYMENT.

       (a) Section Heading.--Section 102 of the Rehabilitation Act 
     of 1973 (29 U.S.C. 722) is amended in the section heading by 
     striking ``INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM'' 
     and inserting ``INDIVIDUALIZED PLAN FOR EMPLOYMENT''.
       (B) Assessment.--Section 102(b) of such Act (29 U.S.C. 
     722(b)) is amended to read as follows:
       ``(b)(1) As soon as a determination has been made that an 
     individual is eligible for vocational rehabilitation 
     services, the designated State unit shall complete the 
     assessment described in subparagraphs (B) and (C) of section 
     7(2), if such assessment is necessary, and ensure that an 
     individualized plan for employment is--
       ``(A) either--
       ``(i) at the request of the individual, developed by the 
     individual or, as appropriate, the eligible individual's 
     representative and approved by the vocational rehabilitation 
     counselor; or
       ``(ii) developed and approved by the individual or, as 
     appropriate, by a parent, a family member, a guardian, an 
     advocate, or an authorized representative of such individual 
     (hereafter referred to in this subsection as the `eligible 
     individual's representative') and the vocational 
     rehabilitation counselor;
       ``(B) based on the findings of the assessment to determine 
     the individual's eligibility and vocational rehabilitation 
     needs described in section 7(2);
       ``(C) written, and, as appropriate, otherwise documented, 
     and provided to the individual or, as appropriate, to the 
     eligible individual's representative in the native language 
     or mode of communication of the individual or, as 
     appropriate, of the eligible individual's representative;
       ``(D) implemented in a timely manner;

[[Page H2793]]

       ``(E) reviewed at least annually by the vocational 
     rehabilitation counselor and the individual or, as 
     appropriate, the eligible individual's representative; and
       ``(F) amended, as necessary, by the individual or, as 
     appropriate, the eligible individual's representative, in 
     collaboration with the counselor, when there are substantive 
     changes in the employment goal, the services to be provided, 
     or the service providers (such revisions or amendments shall 
     not take effect until agreed to and signed by the individual 
     or, as appropriate, by the eligible individual's 
     representative, and the vocational rehabilitation counselor).
       ``(2) The individual plan for employment shall be developed 
     and implemented in a manner that affords eligible individuals 
     the opportunity to exercise informed choice in selecting the 
     employment goal, the specific vocational rehabilitation 
     services to be provided, the entity or entities that will 
     provide the vocational rehabilitation services, and the 
     methods used to procure the services, consistent with the 
     informed choice provisions in subsection (e).
       ``(3) The individualized plan for employment shall 
     identify--
       ``(A) the specific employment goal that is chosen by the 
     individual, consistent with the unique strengths, resources, 
     priorities, concerns, abilities, capabilities, and informed 
     choice of the individual, and is, to the maximum extent 
     appropriate, in an integrated setting;
       ``(B) the specific vocational rehabilitation services that 
     are--
       ``(i) needed to achieve the employment goal, including, as 
     appropriate, assistive technology devices and services, and 
     personal assistance services, including training in the 
     management of such services; and
       ``(ii) provided in the most integrated setting that is 
     appropriate to the service being provided and is consistent 
     with the informed choice of the individual;
       ``(C) the entity or entities chosen by the individual or, 
     as appropriate, the eligible individual's representative, 
     that will provide the vocational rehabilitation services and 
     the methods used to procure such services;
       ``(D) timelines for the achievement of the employment goal 
     and for the initiation of services;
       ``(E) the terms and conditions of the individualized plan 
     for employment, including--
       ``(i) the responsibilities of the designated State unit and 
     the individual under such plan, including participation in 
     the costs of the plan;
       ``(ii) criteria to evaluate progress toward achievement of 
     the employment goals; and
       ``(iii) the use of comparable services and benefits under 
     such plan, in accordance with section 101(a)(8);
       ``(F) prior to the determination that the individual has 
     achieved an employment outcome, the expected need for post-
     employment services; and
       ``(G) the rights and remedies available to the individual 
     as provided in subsection (d), including notification of the 
     availability of assistance from the client assistance program 
     under section 112 of this Act.
       ``(4) For an individual with the most severe disabilities 
     for whom an employment goal in a supported employment setting 
     has been determined to be appropriate, the individualized 
     plan for employment shall, in addition to the requirements 
     identified in subsection (b)(3), identify--
       ``(A) the extended services needed by the individual;
       ``(B) the source of extended services or, to the extent 
     that the sources to provide the extended services cannot be 
     identified at the time of the development of the 
     individualized plan for employment, a description of the 
     basis for concluding that there is a reasonable expectation 
     that such sources will become available; and
       ``(C) in cases in which multiple extended service providers 
     are available to the individual, the providers of such 
     services chosen by the individual or, as appropriate, the 
     eligible individual's representative.''.
       (c) Informed Choice.--Section 102 of such Act (29 U.S.C. 
     722) is amended by adding at the end the following:
       ``(e) Each State agency, in consultation with its State 
     Rehabilitation Advisory Council, if it has one, shall, 
     consistent with section 100(a)(3)(C), develop and implement 
     written policies and procedures that enable each individual 
     to exercise informed choice throughout the vocational 
     rehabilitation process, including policies and procedures 
     that require the State agency--
       ``(1) to inform each applicant and eligible individual 
     (including students with disabilities who are making the 
     transition from programs under the responsibility of an 
     educational agency to programs under the responsibility of 
     the designated State unit), through appropriate modes of 
     communication, about the availability of, and opportunities 
     to exercise, informed choice, including the availability of 
     support services for individuals with cognitive or other 
     disabilities who require assistance in exercising informed 
     choice;
       ``(2) to assist applicants and eligible individuals to 
     exercise informed choice in decisions related to the 
     provision of assessment services;
       ``(3) to develop and implement flexible procurement 
     policies and methods that facilitate the provision of 
     services and that afford eligible individuals meaningful 
     choices among the methods used to procure services;
       ``(4) to provide or assist eligible individuals in 
     acquiring information that enables those individuals to 
     exercise informed choice in the selection of--
       ``(A) the employment goal;
       ``(B) the specific services needed to achieve the 
     individual's employment goal;
       ``(C) the providers of the selected services;
       ``(D) the employment setting and the settings in which 
     services are provided; and
       ``(E) the methods available for procuring the selected 
     services; and
       ``(5) to ensure that the availability and scope of informed 
     choice under this section is consistent with the State 
     agency's obligations under section 12(e).''.
       (d) Conforming Amendment.--Section 102 of such Act (29 
     U.S.C. 722) is amended by striking ``individualized written 
     rehabilitation program'' each place is appears and inserting 
     ``individualized plan for employment''.
       Page 282, line 15, strike ``2203'' and insert ``2204''.
       Page 282, line 22, strike ``2204'' and insert ``2205''.
       Page 283, line 1, strike ``2205'' and insert ``2206''.
       Page 283, line 14, strike ``2206'' and insert ``2207''.
       Page 285, strike line 16 and all that follows through line 
     20 and insert the following:
       (1) in paragraph (1)--
       (A) by striking ``, except that'' and all that follows 
     through ``continue to serve as Director''; and
       (B) by striking the third and fourth sentences;
       (2) by striking paragraph (2);
       (3) in paragraph (3)--
       (A) by striking ``ncessary'' and inserting ``necessary''; 
     and
       (B) by redesignating such paragraph as paragraph (2); and
       (4) by redesignating paragraph (4) as paragraph (3).
       Page 286, after line 6, insert the following (and conform 
     the table of contents of the bill accordingly):

     SEC. 2231. DECLARATION OF PURPOSE.

       Section 301(1)(A) of the Rehabilitation Act of 1973 (29 
     U.S.C. 770(1)(A)) is amended by inserting after ``independent 
     living services programs'' the following: ``, through 
     community economic or business development programs''.
       Page 286, line 7, strike ``2231'' and insert ``2232''.
       Page 286, after line 9, insert the following:
       (1) in subsection (a)(1)--
       (A) by striking ``and (E)'' and inserting ``(E)'';
       (B) by striking the period at the end and inserting the 
     following: ``, and (F) personnel specifically trained to 
     deliver services to individuals whose vocational goal is 
     self-employment or business ownership.'';
       Page 286, strike lines 10 and 11 and insert the following:
       (2) in subsection (b)(1)(B)--
       (A) in clause (ii)--
       (i) by redesignating subclauses (IV) and (V) as subclauses 
     (V) and (VI), respectively; and
       (ii) by inserting after subclauses (III) the following:
       ``(IV) assistance and support to individuals pursuing self-
     employment or business ownership as their rehabilitation 
     goal;''; and
       (B) in clause (iv), by moving the margin two ems to the 
     left;
       Page 286, line 12, strike ``(2)'' and insert ``(3)''.
       Page 286, line 13, strike ``(3)'' and insert ``(4)''.
       Page 286, line 19, strike ``(4)'' and insert ``(5)''.
       Page 286, line 22, strike ``(5)'' and insert ``(6)''.
       Page 287, line 1, strike ``2232'' and insert ``2233''.
       Page 287, line 8, strike ``2233'' and insert ``2234''.
       Page 288, lines 6 and 7 and insert the following:
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Subject to the provisions of section 306, the'' and 
     inserting ``The'';
       (B) in paragraph (3), by striking ``and'' at the end;
       (C) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(5) establishing programs for supporting the effects of 
     vocational rehabilitation programs to promote self-employment 
     or business ownership goals of people with disabilities.''.
       Page 291, after line 13, insert the following:

     SEC. 2264. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE 
                   CERTIFICATION OF COMPLIANCE WITH ELECTRONIC AND 
                   INFORMATION TECHNOLOGY ACCESSIBILITY 
                   GUIDELINES.

       Section 508(b) of the Rehabilitation Act of 1973 (29 U.S.C. 
     794d(b)) is amended to read as follows:
       ``(b) Compliance.--
       ``(1) In general.--Each Federal agency shall comply with 
     the guidelines established under this section.
       ``(2) Certification.--
       ``(A) Establishment of certification procedures.--The 
     Director of the Office of Management and Budget shall 
     establish uniform procedures under which the head of each 
     Federal agency shall submit to the Director a written 
     certification, containing such information as the Director 
     may reasonably require, that such agency is in compliance 
     with the guidelines established under this section.
       ``(B) Submission of certification.--Not later than 
     September 30 of each year, the

[[Page H2794]]

     head of each Federal agency shall submit to the Director of 
     the Office of Management and Budget a written certification 
     in accordance with the procedures established under 
     subparagraph (A).
       ``(C) Review of certification.--The Director of the Office 
     of Management and Budget--
       ``(i) shall review each certification submitted by each 
     Federal agency under subparagraph (B); and
       ``(ii) shall provide notice to each such Federal agency 
     that such agency is either in compliance or not in compliance 
     with the guidelines established under this section, as the 
     case may be.
       ``(D) Assistance for and monitoring of agencies not in 
     compliance.--In the case of a Federal agency that is not in 
     compliance with the guidelines established under this 
     section, the Director of the Office of Management and 
     Budget--
       ``(i) shall assist such agency in its efforts to comply 
     with such guidelines; and
       ``(ii) shall monitor the progress of such agency to comply 
     with such guidelines.''.

                               H.R. 1385

                         Offered By: Mr. Owens

       Amendment No. 4. Page 8, line 8, strike ``Such sums'' and 
     insert ``(A) Except as provided in subparagraph (B), such 
     sums''.
       Page 8, after line 10, add the following:
       ``(B)(i) Such sums as may be necessary for each of the 
     fiscal years 1999 through 2003 to provide amounts to local 
     workforce development areas under title II to carry out 
     summer youth employment programs under such title in 
     accordance with this subparagraph.
       ``(ii) Such amounts--
       ``(I) shall be used in accordance with the requirements 
     otherwise applicable to programs under title II, except that 
     such amounts shall be allocated to local workforce 
     development areas in accordance with the requirements 
     described in section 262(b) of the Job Training Partnership 
     Act (29 U.S.C. 1642(b)) (as such section was in effect on the 
     day before the date of the enactment of the Employment, 
     Training, and Literacy Enhancement Act of 1997); and
       ``(II) shall be used to provide summer youth employment 
     opportunities suitably linked to academic, occupational, and 
     work-based learning opportunities.
       Page 124, strike line 4 and all that follows through line 
     10.
       Page 124, line 11, strike ``(IV)'' and insert ``(III)''.
       Page 124, line 18, strike ``(V)'' and insert ``(IV)''.
       Page 125, line 1, strike ``(VI)'' and insert ``(V)''.

                               H.R. 1385

                        Offered By: Mr. Goodling

       Amendment No. 5. Page 15, line 3, strike ``not less than 70 
     percent of''.
       Page 16, strike line 12 and all that follows through line 
     21.

                               H.R. 1385

                         Offered By: Mr. Owens

       Amendment No. 6: Page 282, line 10, strike ``and''.
       Page 282, after line 10, insert the following:
       (12) by adding at the end the following:
       ``(37) include a description, consistent with the purposes 
     of this Act, of a comprehensive system of personnel 
     development, which, at a minimum, shall consist of--
       ``(A) a description of the procedures and activities the 
     State agency will undertake to address the current and 
     projected training needs of all personnel in the designated 
     State unit to ensure that they are adequately trained and 
     prepared;
       ``(B) a plan to coordinate and facilitate efforts between 
     the designated State unit and institutions of higher 
     education and professional institutions to recruit, prepare, 
     and retain qualified personnel, including personnel from 
     minority backgrounds and personnel who are individuals with 
     disabilities; and
       ``(C) the development and maintenance of a system for 
     determining on an annual basis the number and type of 
     personnel that are employed by the State agency in the 
     provision of vocational rehabilitation services, including 
     ratios of counselors to clients.''; and
       Page 282, line 11 strike ``(12)'' and insert ``(13)''.
       Page 282, line 13--
       (1) strike ``(36)'' and insert ``(37)''; and
       (2) strike ``(32)'' and insert ``(33)''.

                               H.R. 1385

                         Offered By: Mr. Owens

       Amendment No. 7: Page 282, line 19, strike ``and''.
       Page 282, line 21, strike ``respectively,'' and insert 
     ``respectively; and''.
       Page 282, after line 21, insert the following:
       (8) in paragraph (9) (as so redesignated), by striking 
     ``service;'' and inserting ``service, including adequate 
     training in the use of public transportation vehicles and 
     systems;''.

                               H.R. 1385

                         Offered By: Mr. Souder

       Amendment No. 8: Page 279, line 5, strike ``program'' and 
     all that follows through ``and'' and insert ``program.''.
       Page 279, after line 5, insert the following:
       ``(37) The term `competitive employment' means work 
     available to any job applicant in the labor market that is 
     performed on a full-time or part-time basis in a setting 
     selected by the individual and for which the individual is 
     compensated consistent with the Fair Labor Standards Act.''; 
     and