[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[Senate]
[Pages S12291-S12312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. TORRICELLI:
  S. 1493. A bill to amend section 485(f)(1)(F) of the Higher Education 
Act of 1965 to provide for the disclosure of all criminal incidents 
that manifest evidence of prejudice based on race, gender, religion, 
sexual orientation, ethnicity, or disability; to the Committee on Labor 
and Human Resources.


                THE CAMPUS HATE CRIMES RIGHT TO KNOW ACT

  Mr. TORRICELLI. Mr. President, every year, over 14 million students 
and their parents agonize over where to attend college. They spend 
months researching schools and visiting campuses in an effort to find 
the perfect fit. At the top of the list of characteristics students and 
their parents look for in a school is a safe learning environment. 
Information is the key to choosing such an environment. Under current 
law, students and their parents do not have access to all the 
information necessary to make an informed choice.
  Current law requires colleges and universities to report statistics 
on crimes that occur on their campuses. However, colleges are only 
required to report those hate crimes that result in murder, rape, or 
aggravated assault. These three categories of crimes only represent 16 
percent of the total number of hate crimes that occur on college 
campuses every year. Vandalism, harassment, and simple assault comprise 
the vast majority of hate crimes. Under current law, however, colleges 
are not required to report these crimes.
  Current law also does not require colleges and universities to report 
hate crimes against women and the disabled. Thus, parents of daughters 
or disabled students have no idea whether the college to which they 
will send their children is safe.
  Students and parents have the right to information about all hate 
crimes committed on their prospective college campuses. My bill, the 
Campus Hate Crimes Right to Know Act of 1997, will ensure that they 
have access to that information.
  The Campus Hate Crimes Right to Know Act does two very important 
things: it expands college reporting requirements to include all hate 
crimes, not just those that result in murder, rape and aggravated 
assault; and, it includes gender and disability in the class protected 
by the reporting requirement. Under current law, colleges need only 
report hate crimes motivated by race, religion, sexual orientation, and 
ethnicity. My bill will cover these four categories plus gender and 
disability.
  Our Nation's college campuses should be a refuge from crime, 
particularly heinous attacks motivated by hatred and bigotry. The 
disturbing truth, however, is that college campuses are often fertile 
ground for bigotry. A recent study done by the Maryland Prejudice 
Institute reported that 25 percent of minority college students 
attending predominantly white colleges have been victimized by hate. In 
1996, 90 incidents of anti-Semitic activity on college campuses were 
reported to the Anti-Defamation League.
  In September 1996, 60 Asian-American college students at a California 
university received threats from another student via e-mail messages 
threatening that all Asian-Americans would be hunted and killed. Under 
current law, this offense would not appear on a campus crime report.
  The Campus Hate Crimes Right to Know Act will provide students and 
their parents with vital information so that they may better protect 
themselves against such crimes. It will also encourage college 
officials to raise awareness about these crimes and develop programs 
and strategies to combat them.
  The damage done by hate crimes goes beyond physical injury. Hate 
crimes, whether they take the form of painting a swastika on someone's 
dorm room door or gang beating a student believed to be gay, leave the 
victim feeling fearful, vulnerable, and isolated.
  Our children are our future. Their college years are among the most 
exciting and formative of their lives. By introducing the Campus Hate 
Crimes Right to Know Act of 1997, I hope to empower students and 
parents with all of the information necessary to ensure that those 
years are as safe as possible.
  Mr. President, I ask unanimous consent at this time that the text of 
the Campus Hate Crimes Right to Know Act of 1997, in its entirety, be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1493

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

     SECTION 1. DISCLOSURE.

       (a) Short Title.--This section may be cited as the ``Campus 
     Hate Crimes Right to Know Act of 1997''.
       (b) Findings.--Congress finds that--
       (1) the incidence of violence on college campuses based on 
     race, gender, religion, sexual orientation, ethnicity, or 
     disability poses a serious national problem;
       (2) such violence disrupts the tranquility and safety of 
     campuses and is deeply divisive;
       (3) hate crimes include crimes in which the perpetrator 
     intentionally selects a victim because of the actual or 
     perceived race, gender, religion, sexual orientation, 
     ethnicity, or disability of the victim;
       (4) existing Federal reporting requirements only require 
     colleges and universities to report hate crimes that result 
     in murder, rape, or aggravated assault;
       (5) existing reporting requirements are inadequate to deal 
     with the problem of hate

[[Page S12292]]

     crimes since the vast majority of hate crimes that occur on 
     college campuses do not result in murder, rape, or aggravated 
     assault;
       (6) existing reporting requirements are inadequate because 
     the requirements do not require colleges and universities to 
     report hate crimes that target victims because of the 
     victims' gender or disability;
       (7) omitting certain hate crimes from official campus crime 
     reports may result in a false sense of security among 
     students and apathy from campus officials;
       (8) omitting certain hate crimes from official campus crime 
     reports deprives students and parents of the students of 
     vital information necessary to protect the students against 
     such crimes and to make informed decisions in choosing a 
     college or university;
       (9) requiring postsecondary institutions to report all hate 
     crimes that occur on their campuses will provide students and 
     parents of the students with vital information so that the 
     students may better protect themselves against such crimes; 
     and
       (10) requiring postsecondary institutions to report all 
     hate crimes that occur on their campuses will encourage 
     college officials to raise awareness about such crimes and 
     develop programs and strategies to combat such crimes.
       (c) Amendment.--Section 485(f)(1)(F) of the Higher 
     Education Act of 1965 (20 U.S.C. 1092(f)(1)(F) is amended--
       (1) by redesignation clauses (i) through (vi) as subclauses 
     (I) through (VI), respectively;
       (2) by striking ``Statistics'' and inserting ``(i) 
     Statistics''; and
       (3) by adding at the end the following:
       ``(ii) Statistics concerning the occurrence on campus, 
     during the most recent calendar year, and during the 2 
     preceding calendar years for which data are available, of all 
     criminal incidents that manifest evidence of prejudice based 
     on actual or perceived race, gender, religion, sexual 
     orientation, ethnicity, or disability that are reported to 
     campus security authorities or local police agencies. The 
     statistics shall be collected and reported according to 
     category of prejudice.''.
                                 ______
                                 

                       By Mr. LEVIN (by request):

  S. 1495. A bill to amend section 7703 of title 5, United States Code, 
to strengthen the ability of the Office of Personnel Management to 
obtain judicial review to protect the merit system, and for other 
purposes; to the Committee on Governmental Affairs.


                THE MERIT SYSTEM PROTECTION ACT OF 1997

  Mr. LEVIN. Mr. President, as the ranking member of the International 
Security, Proliferation, and Federal Services Subcommittee of the 
Governmental Affairs Committee, the subcommittee having jurisdiction 
over civil service issues, I am introducing today, at the request of 
the administration, legislation that would make two changes to the 
Civil Service Reform Act of 1978. I introduce this legislation as a 
courtesy to the administration without taking a position on its merits 
so that it can be given proper consideration and so that concerned 
parties can have the opportunity to comment on its potential effects.
  The two changes to the Civil Service Reform Act relate to the 
authority of the Office of Personnel Management [OPM] to seek judicial 
review of Federal personnel management decisions issued by the Merit 
Systems Protection Board [MSPB] and by arbitrators. The first change 
would allow OPM 60 days, rather than the 30 days under current law, to 
file a petition for review of an MSPB final decision with the U.S. 
Court of Appeals for the Federal Circuit. The time available for 
employees to appeal would not be affected by this change.
  The second change would eliminate the discretion of the Federal 
circuit to decide whether to hear OPM petitions for review. Currently, 
OPM must file a petition with the Federal circuit and ask the court to 
hear its appeal. If enacted, this change would require the Federal 
circuit to hear every appeal from a final MSPB decision brought by OPM.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1495

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

     SECTION 1. MERIT SYSTEM JUDICIAL REVIEW.

       Section 7703 of title 5, United States Code, is amended--
       (1) in subsection (b)(1) by striking ``provision of law,'' 
     and inserting ``provision of law except subsection (d),''; 
     and
       (2) in subsection (d)--
       (A) in the first sentence, by inserting after ``filing'' 
     the following: ``, within 60 days after the date the Director 
     received notice of the final order or decision of the 
     board,''; and
       (B) by striking the last sentence.

     SEC. 2. EFFECTIVE DATE.

       The amendments made by section 1 shall take effect on the 
     date of enactment of this Act, and apply to any suit, action, 
     or other administrative or judicial proceeding pending on 
     such date or commenced on or after such date.
                                                                    ____


                      Section-by-Section Analysis

       Section 1 would eliminate the discretion of the Federal 
     Circuit to decide whether to hear OPM petitions for review. 
     Currently, OPM must file a petition with the Federal Circuit 
     and ask the Court to hear its appeal. This section requires 
     the Federal Circuit to hear every appeal from a final MSPB 
     decision brought by OPM.
       Section 2 would allow OPM 60 days, rather than the 30 days 
     under current law, to file a petition for review of an MSPB 
     final decision with the United States Court of Appeals for 
     the Federal Circuit. The time available for employees to 
     appeal would not be affected by this change.
                                 ______
                                 
      By Mr. DASCHLE:
  S. 1496. A bill to remove inequities between Congressional and 
contract employees regarding access to health insurance; to the 
Committee on Governmental Affairs.


        THE CONGRESSIONAL CONTRACTOR HEALTH INSURANCE EQUITY ACT

  Mr. DASCHLE. Mr. President, today I am reintroducing legislation to 
provide employees of congressional contractors the same access to 
health coverage as other congressional workers. This bill should have 
passed last year, when I was thwarted in an effort to pass this measure 
as an amendment to the Treasury-Postal Appropriations bill.
  Instead, another 12 months have gone by in which workers in this very 
building lack health insurance while you and I and our staffs have 
access to a wide variety of subsidized health plans.
  In fact, about 1,900 employees of companies that contract with the 
Federal Government do not have employer-sponsored health insurance. 
Efforts to privatize even more services previously performed by Federal 
Government workers will exacerbate this situation.
  Who are these contractors? They include House restaurant and mailroom 
staff, electronics technicians, day care providers, accountants, data 
processors, and construction and maintenance workers.
  They are like you and me and others with whom we work side-by-side in 
the Halls of the Congress, except they don't have the kind of health 
security we take for granted.
  As we devise new ways to extend health coverage to uninsured children 
and workers between jobs, how can we in Congress allow individuals who 
prepare our meals, repair our equipment, maintain our buildings, and 
care for our children go without the same coverage that we provide our 
staff?
  In good conscience, we can't.
  That's why I am introducing a bill that would require firms that 
contract with Congress to offer insurance to their employees. This 
requirement would apply to firms that employ 15 or more workers, and 
that have Federal contracts worth over $75,000.
  These contractors could buy a private health plan, or they could 
select a plan from FEHBP. In either case, they would be required to 
contribute to employees' premiums, just as the Federal Government 
contributes to its workers' coverage.
  This would ensure that everyone working full-time for Congress has 
access to high quality, comprehensive coverage.
  This kind of action is not without precedent.
  Several years ago, concern about high turnover among Senate daycare 
employees led the Senate to give these contract workers FEHBP coverage.
  And Congress has a long history of taking action to guarantee fair 
working conditions for contract workers. For 65 years, the Davis-Bacon 
Act and other similar measures have guaranteed competitive wages to 
Federal contract workers.
  This bill complements those efforts.
  But passing of this measure is not just a humane gesture. It is a 
practical one.
  Health costs for uninsured workers who become ill are simply shifted 
onto others. They are shifted onto public programs like Medicaid; to 
doctors and hospitals in the form of charity care; and into the 
premiums paid by those with access to private coverage.

[[Page S12293]]

  Clearly, we're all paying, one way or another, for those who have no 
insurance. And we're paying more than necessary. The uninsured often 
forgo preventive care and early intervention only to end up in an 
emergency room or hospital bed instead.
  Congress should not tolerate this kind of inefficient cost shifting. 
We should be setting an example for the rest of the Government and the 
private sector.
  Some may say this measure will reduce the cost savings from 
privatization. I believe Congress should contract out services 
performed more efficiently by the private sector. But reducing benefits 
like health coverage to save money is penny wise and pound foolish. And 
even if outsourcing is the wave of the future, Congress should set an 
example by protecting rights and benefits of those caught in the 
transition.
  Cutting costs by cutting benefits may be easy, but it's not 
efficient, and it's not responsible. Congress should not save money by 
denying workers a basic benefit.
  For many years now, Members of Congress have spoken on the floor 
about the need to extend coverage to the uninsured. We all recognize 
there can be no financial security without health security.
  Let's show the country that what is good for Members of Congress and 
their employees is also good for the contractors who serve us.
  I hope my colleagues will join me in support of this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1496

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Congressional Contractor 
     Health Insurance Equity Act''.

     SEC. 2. DEFINITIONS.

       For purposes of this Act:
       (1) Contract.--The term ``contract'' means any contract for 
     items or services or any lease of Government property 
     (including any subcontract of such contract or any sublease 
     of such lease)--
       (A) the consideration with respect to which is greater than 
     $75,000 per year,
       ``(B) with respect to a contract for services, requires at 
     least 1000 hours of services, and
       (B) entered into between any entity or instrumentality of 
     the legislative branch of the Federal Government and any 
     individual or entity employing at least 15 full-time 
     employees.
       (2) Employee.--The term ``employee'' has the meaning given 
     such term under section 3(6) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1002(6)).
       (3) Entity of the legislative branch.--The term ``entity of 
     the legislative branch'' includes the following:
       (A) The House of Representatives.
       (B) The Senate.
       (C) The Capitol Guide Service.
       (D) The Capitol Police.
       (E) The Congressional Budget Office.
       (F) The Office of the Architect of the Capitol.
       (G) The Office of the Attending Physician.
       (H) The Office of Compliance.
       (4) Group health plan.--The term ``group health plan'' 
     means any plan or arrangement which provides, or pays the 
     cost of, health benefits that are actuarially equivalent to 
     the benefits provided under the standard option service 
     benefit plan offered under chapter 89 of title 5, United 
     States Code.
       (5) Instrumentality of the legislative branch.--The term 
     ``instrumentality of the legislative branch'' means the 
     following:
       (A) The General Accounting Office.
       (B) The Government Printing Office.
       (C) The Library of Congress.

     SEC. 3. GENERAL REQUIREMENTS CONCERNING CONTRACTS COVERED 
                   UNDER THIS ACT.

       (a) In General.--Any contract made or entered into by any 
     entity or instrumentality of the legislative branch of the 
     Federal Government shall contain provisions that require 
     that--
       (1) all persons employed by the contractor in the 
     performance of the contract or at the location of the 
     leasehold be offered health insurance coverage under a group 
     health plan; and
       (2) with respect to the premiums for such plan with respect 
     to each employee--
       (A) the contractor pay a percentage equal to the average 
     Government contribution required under section 8906 of title 
     5, United States Code, for health insurance coverage provided 
     under chapter 89 of such title; and
       (B) the employee pay the remainder of such premiums.
       (b) Option To Purchase.--
       (1) In general.--Notwithstanding section 8914 of title 5, 
     United States Code, a contractor to which subsection (a) 
     applies that does not offer health insurance coverage under a 
     group health plan to its employees on the date on which the 
     contract is to take effect, may obtain any health benefits 
     plan offered under chapter 89 of title 5, United States Code, 
     for all persons employed by the contractor in the performance 
     of the contract or at the location of the leasehold. Any 
     contractor that exercises the option to purchase such 
     coverage shall make any Government contributions required for 
     such coverage under section 8906 of title 5, United States 
     Code, with the employee paying the contribution required for 
     such coverage for Federal employees.
       (2) Calculation of amount of premiums.--Subject to 
     paragraph (3)(B), the Director of the Office of Personnel 
     Management shall calculate the amount of premiums for health 
     benefits plans made available to contractor employees under 
     paragraph (1) separately from Federal employees and 
     annuitants enrolled in such plans.
       (3) Review by office of personnel management.--
       (A) Annual review.--The Director of the Office of Personnel 
     Management shall review at the end of each calendar year 
     whether the nonapplication of paragraph (2) would result in 
     higher adverse selection, risk segmentation in, or a 
     substantial increase in premiums for such health benefits 
     plans. Such review shall include a study by the Director of 
     the health care utilization and risks of contractor 
     employees. The Director shall submit a report to the 
     President, the Speaker of the House of Representatives, and 
     the President pro tempore of the Senate which shall contain 
     the results of such review.
       (B) Nonapplication of paragraph (2).--Beginning in the 
     calendar year following a certification by the Director of 
     the Office of Personnel Management under subparagraph (A) 
     that the nonapplication of paragraph (2) will not result in 
     higher adverse selection, risk segmentation in, or a 
     substantial increase in premiums for such health benefits 
     plans, paragraph (2) shall not apply.
       (4) Requirement of opm.--The Director of the Office of 
     Personnel Management shall take such actions as are 
     appropriate to enable a contractor described in paragraph (1) 
     to obtain the health insurance described in such paragraph.
       (c) Administrative Functions.--
       (1) In general.--The office within the entity or 
     instrumentality of the legislative branch of the Federal 
     Government which administers the health benefits plans for 
     Federal employees of such entity or instrumentality shall 
     perform such tasks with respect to plan coverage purchased 
     under subsection (b) by contractors with contracts with such 
     entity or instrumentality.
       (2) Waiver authority.--Waiver of the requirements of this 
     Act may be made by such office upon application.

     SEC. 4. EFFECTIVE DATE.

       (a) In General.--This Act shall apply with respect to 
     contracts executed, modified, or renewed on or after January 
     1, 1998.
       (b) Termination.--
       (1) In general.--This Act shall not apply on and after 
     October 1, 2002.
       (2) Transition rule.--In the case of any contract under 
     which, pursuant to this Act, health insurance coverage is 
     provided for calendar year 2002, the contractor and the 
     employees shall, notwithstanding section 3(a)(2), pay 1\1/3\ 
     of the otherwise required monthly premium for such coverage 
     in monthly installments during the period beginning on 
     January 1, 2002, and ending before October 1, 2002.
                                 ______
                                 
      By Mr. LAUTENBERG:
  S. 1497. A bill to release contributors of ordinary trash and minor 
amounts of hazardous substances from litigation under Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, and 
for other purposes; to the Committee on Environment and Public Works.


       THE EQUITY AND PUBLIC INVOLVEMENT IN SUPERFUND ACT OF 1997

  Mr. LAUTENBERG. Mr. President, today I am introducing the Equity and 
Public Involvement in Superfund Act of 1997 [TEPI].
  Hazardous sites, the legacy of our industrial growth, litter the 
landscape across America. Many of those sites are toxic and pose real 
threats to the groundwater, the air and our water, and accordingly, our 
health and the health of the environment. The worst of those sites are 
so foul and so polluted that they are beyond the capacity of most 
States to handle. These sites, placed on the national priorities list 
for clean up under the Comprehensive Environmental Response 
Compensation, and Liability Act commonly known as Superfund can take 
years to clean up and cost tens of millions of dollars to clean up. 
They are ticking time bombs that threaten the health and survival of 
entire communities.
  Over the years the hazardous waste clean up program has been heavily 
criticized as being too slow, involving too much litigation and too 
expensive. Congress addressed many of those problems in 1986, and 
Administrator Carol

[[Page S12294]]

Browner of the Environmental Protection Agency [EPA] has instituted 
many reforms to speed up the cleanup program. The results are dramatic. 
EPA has completed cleanup construction at 498 sites and more than 500 
additional sites are in construction. Taxpayers have saved $12 billion 
because polluters responsible for these sites are performing or funding 
approximately 70 percent of Superfund long-term cleanups. But, problems 
remain, partly because big corporate polluters are using the present 
law to drag tiny merchants and other parties who are minor polluters, 
or innocents who merely sent solid waste to a municipal landfill, into 
expensive lawsuits.
  A recent story televised by ``60 Minutes'' on the Keystone landfill 
in Pennsylvania showed the scope of the problem. The story centered on 
Barbara Williams, the owner of the Sunny Ray Restaurant in Gettysburg, 
PA, who was being sued by the sites' toxic polluters for $75,000 
because of the mashed potatoes she sent to the dump. Tiny gift stores, 
and other small businesses were dragged into a Superfund suit because 
they had sent regular trash to the Keystone Landfill.
  EPA Administrator Carol Browner is aware of this problem and has been 
trying to do something about it. She has offered expedited settlements, 
known as de minimis settlements, to more than 20,000 parties nationwide 
whose contribution to Superfund sites is comparatively small. She has 
also offered settlements for as little as $1.00, known as de micromis 
settlements, to parties whose contributions of hazardous waste to a 
site are minuscule, but whose payments to lawyers have been immense.
  While EPA has done an admirable job at ameliorating the aspect of the 
law that allows contribution litigation to happen, and indeed has 
deterred instances of egregious litigation, EPA can only do so much 
within the confines of the law and within the context of litigation. 
The law needs to be changed to put an end to these harassment suits. 
Since 1993, the Senate Environment and Public Works Committee 
repeatedly has tried to bridge the differences that exist on Superfund 
and send a reform bill to the President.

  Mr. President, as the ranking Democratic member of the Superfund 
Subcommittee, I have spent many hours over the past several months with 
the Chairman of the Environment and Public Works Committee, Senator 
Chafee, and the Superfund Subcommittee Chairman Senator Smith, 
Administrator Browner and Senator Baucus, the ranking Democratic member 
of the full committee. We've been negotiating a broad-based reform of 
the Nation's hazardous waste cleanup program. We have narrowed the 
differences between our views of how to fix Superfund. On October 22, 
1997, Senators Chafee and Smith made a global proffer on each title of 
their chairman's mark. The next week, Senator Baucus and I made a 
counter to their proffer that made significant concessions on each 
title of the bill.
  We thought progress was being made. However, instead of responding to 
our last offer, the Republicans decided to end negotiations, at least 
for now.
  Mr. President, Superfund reform has taken too long and, as a result 
municipalities, small businesses and communities in and around 
Superfund and brownfields sites are paying a high price for our 
inability to address their needs. It has long been my position that we 
should move ahead in areas where we can agree, and not hold our 
citizens and communities hostage to remaining disagreements. Earlier 
this year, as I have before, I introduced S. 18, the Brownfields and 
Environmental Cleanup Act. I have also introduced S. 1317, the 
Environmental Health Protection Act, to move ahead to protect the 
health of citizens living near Superfund sites. These are non-
controversial bills that could pass without objection. It is 
unacceptable and unconscionable that we would continue to leave 
citizens subject to illness--and perhaps even death, by cancer--when we 
can take steps now to reduce those risks. As a companion to those 
measures, today I am introducing the Equity and Public Involvement Act 
to address liability issues that enjoy virtual universal support. This 
bill addresses those Superfund failings of which most constituents 
complain, and contains solutions that have been agreed on by both 
Republicans and Democrats for years.
  Mr. President, the bill I am introducing today will bring relief to 
the thousands of small businesses and municipalities who have been 
swept into the Superfund litigation net by high-paid lawyers for big 
corporate polluters, even though those small businesses, churches and 
charities sent only municipal solid waste, common garbage, to the site. 
The provisions exempt individual homeowners, small business, and small 
nonprofits who have disposed only ordinary household trash. The 
provisions also limit the liability of big business and municipalities 
who have disposed household trash, consistent with an EPA draft policy, 
by allowing parties to cash-out on the basis of an easy-to-calculate 
formula that depends largely upon the volume of the trash these 
entities disposed, and the type of cleanup taking place at the site. 
Site did not have toxic pollutants driving up the cost of clean up. 
Plain and simple, these provisions prevent polluters from shifting 
cleanup costs to local taxpayers.
  The bill also provides protection for other businesses who sent small 
amounts of toxic waste to sites. Businesses which sent very small 
amounts--less than two barrels--will be exempt from lawsuits. Those who 
sent small amounts, but more than two barrels, will be subject to an 
expedited settlement process. For those small contributors and larger 
contributors of toxic waste, the amount they will have to pay will be 
cushioned by their ability to pay.

  The bill also protects landowners who live next door to hazardous 
waste sites by clarifying that they are not liable parties under the 
Superfund statute.
  In addition, the bill expands the public's ability to participate in 
the critical decisions concerning the cleanup in their neighborhoods. 
Throughout the negotiations, we have met extensively with community 
representatives and stakeholders on Superfund to learn what works and 
what doesn't.
  Stakeholders meetings with companies involved in multiple Superfund 
sites and cleanups at Department of Energy and Defense facilities 
showed that when communities near sites are involved early in the 
process, remedies are selected more quickly and there is more trust in 
the level of cleanup.
  Community representatives argued passionately for the right to be 
fully informed and involved in these critical decisions. To respond to 
this concern, this bill includes provisions that significantly increase 
community input at all Superfund sites and in all aspects of the 
process of remedying the ill effects of toxic sites. Included in this 
bill are provisions for technical assistance grants, known as TAG's, to 
communities to hire technical experts to help them interpret the often 
highly technical data. These provisions enjoy broad support.
  Mr. President, the liability reform provisions I have outlined and 
the community participation programs I have described are not 
controversial. Many were included in S. 8, a bill that Senators Chafee 
and Smith introduced with significant Republican support on the first 
day of the Senate session. However, that bill has not moved and 
negotiations on a broader bill have broken down, at least for the 
moment. Therefore, I think it is appropriate for the Congress to move 
ahead to reform the law where we can agree, and continue to discuss and 
negotiate the issues on which there remains disagreement.
  The bill I am introducing today is simple: It frees the hostages of 
stalled Superfund negotiations--the small businesses, churches, 
municipalities and their taxpayers, as well as neighboring landowners 
caught up in Superfund liability who have been waiting for years for a 
Superfund reform bill. They should not be held hostage to forces intent 
on repealing the principle of polluter pays and weakening cleanup of 
our natural resources who have not let a bill go forward because they 
can't get their way on those issues.
  Mr. President, this bill does not address all of the issues on which 
we could move forward today with virtual unanimous support. But, in 
conjunction with other legislation I have introduced, it could solve 
many of the worst of Superfund's problems.
  This fall I introduced S. 1317, the Environmental Health Protection 
Act, to

[[Page S12295]]

expand the public health aspects of hazardous waste cleanup. That bill 
allows the Agency for Toxic Substances and Disease Registry [ATSDR] to 
study any location where there is concern that hazardous wastes 
threaten public health and requires that ATSDR work closely with State 
and local health officials in making its assessment.
  ATSDR is frequently criticized because its health assessments are 
completed too late in the process to be of any real value to local 
officials struggling to manage the health impact of a hazardous waste 
site on a community. S. 1317 changes the way EPA and the health 
authorities do their job. It requires EPA to notify local and State 
health officials early in the process that an investigation is 
commencing and to better coordinate their activities with local 
authorities so that EPA's proposed remedy better reflects local 
conditions and needs.
  Also, S. 1317 requires EPA to directly involve State and local health 
officials in deciding where and how to take samples at hazardous waste 
sites. State and local health officials are often the frontline 
experts. They have important first-hand information on how a toxic 
waste dump affects their community. Working with EPA, they can better 
determine and analyze possible health problems in a community and 
whether that pattern arises from a toxic waste dump. With this 
information, EPA can zero-in on those areas for additional sampling and 
further studies as well as design a site appropriate remedy that meets 
the special circumstances of the affected community.
  There is absolutely no reason why the Congress should not move ahead 
to approve S. 1317 now and every reason why we should. It would reduce 
health risks to our citizens and I know of no one who objects to it.
  On the first day of this Congress, last January, I introduced S. 18, 
the Brownfields and Environmental Cleanup Act of 1997. This bill would 
make Federal grants for revolving loan funds used for remediation of 
brownfields available throughout the country. It would also protect 
innocent landowners and prospective purchasers of brownfield sites. Mr. 
President, if we could free this hostage, I know the Congress could 
move quickly to agree on brownfields legislation.
  Mr. President, we appear to be at a standoff in Superfund 
negotiations for the moment. If that remains the case next January when 
we reconvene, I hope the Congress will move ahead to enact this 
legislation, along with my brownfields, community participation and 
environmental health protection bills. I also think we should extend 
the Superfund excise and corporate income tax. The tax, which expired 
in 1995, brings in sufficient revenue to cover the entire fiscal year 
1998 Superfund appropriation. Without the tax, industry is saving $26 
million a week--an amount sufficient enough to encourage some of those 
businesses to oppose any reform if the cost of reform is reinstituting 
the tax. Mr. President, that tax must be reinstated.
  Mr. President, on the first days of the session this year, Senator 
Baucus and I joined EPA Administrator Carol Browner to urge the Senate 
to pass a brownfields bill immediately and not hold it hostage to a 
broader Superfund bill. I said at that time:

       We have a long way to go before we get a bill that enjoys 
     bipartisan support, and that can be signed into law. We can't 
     wait. We need to do something now, not only to help the 
     environment, but to assist those urban areas which are 
     struggling with economic recovery. . . .
       But that bill, because of the number of issues in 
     controversy, will not pass quickly. And while many people 
     believe that Superfund can only be passed as a comprehensive 
     package, last year we did pass some Superfund provisions 
     separately for lenders, fiduciaries and the Department of 
     Defense. . . .
       In my view, we ought to sit down and quickly pass a 
     brownfields bill.
       The sooner we do, the sooner we may be able to convert 
     thousands of abandoned industrial sites into engines of 
     economic development.

  Mr. President, those words are even more true today than they were in 
January. We've let an entire year go by, without results. Let's pass 
this bill, the brownfields legislation, and community participation and 
environmental health programs. Let's make Superfund a shield to protect 
our communities, not a sword used to hold them hostage.
  Mr. President, I look forward to continuing negotiations with 
Senators Chafee, Smith, and Baucus next year to address the broader 
issues. But with a full year behind us, I believe we should serve up to 
our constituents what we can now deliver.
  Mr. President, I ask unanimous consent that a copy of the bill be 
inserted into the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1497

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Equity and 
     Public Involvement in Superfund Act of 1997''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

               TITLE I--ENHANCED COMMUNITY PARTICIPATION

Sec. 101. Definitions.
Sec. 102. Public participation generally.
Sec. 103. Improvement of public participation in the superfund 
              decisionmaking process; local community advisory groups; 
              technical assistance grants.
Sec. 104. Waste Site Information Offices.
Sec. 105. Technical outreach services for communities.
Sec. 106. Recruitment and training program.
Sec. 107. Priority site evaluation.
Sec. 108. Understandable presentation of materials.
Sec. 109. No impediment to response actions.

                          TITLE II--LIABILITY

Sec. 201. Liability exemptions and limitations.
Sec. 202. Expedited final settlement.
               TITLE I--ENHANCED COMMUNITY PARTICIPATION

     SEC. 101. DEFINITIONS.

       (a) In General.--Section 117 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9617) is amended--
       (1) by redesignating subsections (a) through (e) as 
     subsections (b) through (f), respectively; and
       (2) by inserting after the section heading the following:
       ``(a) Definitions.--In this section:
       ``(1) Affected community.--The term `affected community' 
     means a group of 2 or more individuals who may be affected by 
     the release or threatened release of a hazardous substance, 
     pollutant, or contaminant from a covered facility.
       ``(2) Covered facility.--The term `covered facility' means 
     a facility--
       ``(A) that has been listed or proposed for listing on the 
     National Priorities List;
       ``(B) at which the President is undertaking a removal 
     action that is expected to exceed--
       ``(i) in duration, 1 year; or
       ``(ii) in cost, the funding limit established under section 
     104(c)(1); or
       ``(C) with respect to which the Administrator of ATSDR has 
     accepted a petition requesting a health assessment under 
     section 104(i)(6)(B), and that is under investigation by the 
     Administrator of the Environmental Protection Agency under 
     subsection (a) or (b) of section 104.
       ``(3) Waste site information office.--The term `waste site 
     information office' means a waste site information office 
     established under subsection (j).''.
       (b) Conforming Amendments.--
       (A) Title I of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 is amended--
       (i) in section 111(a)(5) (42 U.S.C. 9611), by striking 
     ``117(e)'' and inserting ``117(f)'';
       (ii) in section 113(k)(2)(B) (42 U.S.C. 9613)--

       (I) in clause (iii), by striking ``117(a)(2)'' and 
     inserting ``117(b)(2)''; and
       (II) in the third sentence, by striking ``117(d)'' and 
     inserting ``117(e)''.

       (B) Section 2705(e) of title 10, United States Code, is 
     amended--
       (i) by striking ``117(e)'' and inserting ``117(f)''; and
       (ii) by striking ``(42 U.S.C. 9617(e))'' and inserting 
     ``(42 U.S.C. 9617(f))''.

     SEC. 102. PUBLIC PARTICIPATION GENERALLY.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as 
     amended by section 101(b)) is amended--
       (1) in subsection (b)(2), by inserting ``, adequate 
     notice,'' after ``oral comments'';
       (2) in the first sentence of subsection (e), by striking 
     ``major''; and
       (3) by striking subsection (f) and inserting the following:
       ``(f) Availability of Records.--
       ``(1) In general.--Except as provided in paragraph (2), 
     throughout all phases of a response action at a facility and 
     without the need to file a request under section 552 of title 
     5, United States Code, the President shall make available to 
     the affected community (including the recipient of a 
     technical assistance grant (if a grant has been awarded under 
     subsection (i)) or a community advisory group (if a community 
     advisory group has been established)), for inspection and, 
     subject to reasonable fees, for copying, all records in the 
     administrative record established by the President under 
     section 113(k).
       ``(2) Exempt records.--Paragraph (1) shall not apply to--

[[Page S12296]]

       ``(A) a record that is exempt from disclosure under section 
     552 of title 5, United States Code;
       ``(B) a record that would be subject to the prohibition on 
     disclosure under section 104(e)(7) if the record were 
     obtained under section 104; or
       ``(C) a record that is exchanged between parties to a 
     dispute under this Act for the purpose of settling the 
     dispute.''.

     SEC. 103. IMPROVEMENT OF PUBLIC PARTICIPATION IN THE 
                   SUPERFUND DECISIONMAKING PROCESS; LOCAL 
                   COMMUNITY ADVISORY GROUPS; TECHNICAL ASSISTANCE 
                   GRANTS.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as 
     amended by section 101(b)(1)) is amended by adding at the end 
     the following:
       ``(g) Improvement of Public Participation in Decisionmaking 
     Process.--
       ``(1) Views and preferences.--
       ``(A) Solicitation.--To the extent practicable, in addition 
     to the solicitation of public comments on a proposed remedial 
     action plan under subsection (b)(2), the President, during 
     the response action process (including a response under 
     subsection (h)(4)(A)), shall--
       ``(i) disseminate information to the local community, in 
     particular, information concerning the effects of the 
     facility on human health, including the effects on children 
     and other highly susceptible or highly exposed populations;
       ``(ii) solicit information from the local community;
       ``(iii) consider the views of the local community; and
       ``(iv) include, in any administrative record established 
     under section 113(k), the views of the local community and 
     the response of the Administrator to any significant 
     comments, criticisms, or new data submitted in a written or 
     oral presentation.
       ``(B) Procedure.--To solicit the views and concerns of the 
     community, the Administrator may conduct, as appropriate--
       ``(i) face-to-face community surveys for purposes including 
     the identification of the location of private drinking water 
     wells, historic and current or potential use of water, and 
     other environmental resources in the community;
       ``(ii) public meetings; and
       ``(iii) other appropriate participatory activities.
       ``(C) Public meetings.--The Administrator shall give 
     particular consideration to providing the opportunity for 
     public meetings in advance of significant decision points in 
     the response action process.
       ``(D) Consultation.--In determining which of the procedures 
     set forth in subparagraph (B) may be appropriate, the 
     Administrator shall consult with a community advisory group, 
     if 1 has been established under subsection (h), and members 
     of the affected community.
       ``(E) Notification.--The President shall notify the local 
     community and local government concerning--
       ``(i) the schedule for commencement of construction 
     activities at a covered facility and the location and 
     availability of construction plans;
       ``(ii) the results of the any review under section 121(c) 
     and any modifications to the selected response made as a 
     result of the review; and
       ``(iii) the execution of and any revision to institutional 
     controls being used as part of a remedial action.
       ``(2) Meetings between lead agency and potentially 
     responsible parties.--The President, on a regular basis, 
     shall inform local government officials, Indian tribes, a 
     local community advisory group (if any) and, to the extent 
     practicable, interested members of the affected community of 
     the progress and substance of technical meetings between the 
     lead agency and potentially responsible parties regarding a 
     covered facility.
       ``(3) Remedial action alternatives.--A member of the local 
     community may propose a remedial action alternative in the 
     same manner as any other interested party may propose a 
     remedial action alternative.
       ``(h) Community Advisory Groups.--
       ``(1) Notice.--The President shall, to the extent 
     practicable, provide notice of an opportunity to form a 
     community advisory group to members of the affected 
     community, particularly persons that are immediately 
     proximate to or that may be or may have been affected by a 
     release or threatened release.
       ``(2) Establishment.--The President shall assist in the 
     establishment of a community advisory group for a covered 
     facility to achieve direct, regular, and meaningful 
     communication among members of the local community throughout 
     the response action process--
       ``(A) at the request of at least 20 individuals residing 
     in, or at least 10 percent of the population of, the area in 
     which the facility is located;
       ``(B) if there is no request under subparagraph (A), at the 
     request of any local government with jurisdiction over the 
     facility; or
       ``(C) if the President determines that a community advisory 
     group would be helpful to achieve the purposes of this Act.
       ``(3) Responsibilities of a community advisory group.--A 
     community advisory group shall--
       ``(A) solicit the views of the local community on various 
     issues affecting the development and implementation of 
     response actions at the facility;
       ``(B) serve as a conduit for information between the local 
     community and other entities represented on the community 
     advisory group;
       ``(C) present the views of the local community throughout 
     the response process; and
       ``(D) provide the local community reasonable notice of and 
     opportunities to participate in the meetings and other 
     activities of the community advisory group.
       ``(4) Responsibilities of the President.--
       ``(A) Consultation.--The President shall--
       ``(i) consult with the community advisory group in 
     developing and implementing the response action for a covered 
     facility, including consultation with respect to--

       ``(I) sampling, analysis, and monitoring plans and results;
       ``(II) assumptions regarding reasonably anticipated future 
     land uses;
       ``(III) potential remedial alternatives;
       ``(IV) selection and implementation of removal and remedial 
     actions (including operation and maintenance activities) and 
     reviews performed under section 121(c); and
       ``(V) use of institutional controls;

       ``(ii) encourage the Administrator of ATSDR, in cooperation 
     with State, Indian tribe, and local public health officials, 
     to consult with the community advisory group regarding health 
     assessments;
       ``(iii) keep the community advisory group informed of 
     progress in the development and implementation of the 
     response action; and
       ``(iv) on request, provide to any person the hazard ranking 
     score of any facility that has been scored under the 
     hazardous ranking system, and the preliminary assessment and 
     site inspection for the facility.
       ``(B) Consideration of comments.--The President shall 
     consider comments, information, and recommendations that the 
     community advisory group provides in a timely manner.
       ``(C) Consensus.--The community advisory group shall 
     attempt to achieve consensus among its members before 
     providing comments and recommendations to the President. If 
     consensus cannot be reached, the community advisory group 
     shall report or allow presentation of divergent views.
       ``(5) Composition of community advisory groups.--
       ``(A) Members.--
       ``(i) Members.--The President shall, to the extent 
     practicable, ensure that the membership of a community 
     advisory group reflects the composition of the affected 
     community and a diversity of interests.
       ``(ii) Represented groups.--A community advisory group for 
     a covered facility shall include at least 1 representative of 
     the recipients of a technical assistance grant, if any has 
     been awarded with respect to the facility, and shall include, 
     to the extent practicable, a person from each of the 
     following groups:

       ``(I) Persons who reside or own residential property near 
     the facility.
       ``(II) Persons who, although they may not reside or own 
     property near the facility, may be affected by the facility 
     contamination.
       ``(III) Local public health practitioners or medical 
     practitioners (particularly those who are practicing in the 
     affected community).
       ``(IV) Local Indian communities that may be affected by the 
     facility contamination.
       ``(V) Local citizen, civic, environmental, or public 
     interest groups.
       ``(VI) Members of the local business community.
       ``(VII) Employees at the facility during facility 
     operation.

       ``(B) Local residents.--Local residents shall, to the 
     extent practicable, comprise a majority of the voting 
     membership of a community advisory group.
       ``(C) Number of voting members.--The President shall, to 
     the extent practicable, ensure that the voting membership of 
     the community advisory group does not exceed 20 individuals.
       ``(D) Compensation.--A member of a community advisory group 
     shall serve without compensation.
       ``(E) Nonvoting members.--The President shall provide 
     opportunities for representatives of the following entities 
     to participate (as nonvoting members), as appropriate, in 
     community advisory group meetings for purposes including 
     providing information and technical expertise:
       ``(i) The Administrator.
       ``(ii) Other Federal agencies.
       ``(iii) Affected States.
       ``(iv) Affected Indian tribes.
       ``(v) Representatives of affected local governments (such 
     as city or county governments or local emergency planning 
     committees, and any other governmental unit that regulates 
     land use or land use planning in the vicinity of the 
     facility).
       ``(vii) Facility owners.
       ``(viii) Potentially responsible parties.
       ``(6) Technical assistance grants.--The President may award 
     a technical assistance grant under subsection (i) to a 
     community advisory group.
       ``(7) Administrative support.--The President, to the extent 
     practicable, may provide administrative services and support 
     services to the community advisory group.
       ``(8) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to a community 
     advisory group, to a citizen advisory group (designated by 
     the President to serve the functions of a community advisory 
     group, or

[[Page S12297]]

     to a Department of Defense restoration advisory board, 
     Department of Energy Site Specific advisory board, or an 
     ATSDR citizen advisory panel.
       ``(9) Other public involvement.--The existence of a 
     community advisory group shall not diminish any other 
     obligation of the President to consider the views of any 
     person in selecting response actions under this Act. Nothing 
     in this section affects the status of any community advisory 
     group formed before the date of enactment of this subsection. 
     Nothing in this section affects the status, decisions, or 
     future formation of any Department of Defense Restoration 
     Advisory Board, or Department of Energy Site Specific 
     Advisory Board, and no community advisory group need be 
     established for a facility if any such Board has been 
     established for the facility.
       ``(i) Technical Assistance Grants.--
       ``(1) Authority.--
       ``(A) In general.--The President may make technical 
     assistance grants available to members of an affected 
     community for a covered facility in accordance with this 
     subsection.
       ``(B) Accessibility of application process.--To ensure that 
     the application process for a technical assistance grant is 
     accessible to all affected citizen groups, the President 
     shall periodically review the process and the application 
     and, based on the review, implement appropriate changes to 
     improve access.
       ``(C) Notice of availability of grants.--The President 
     shall solicit the assistance of a waste site information 
     office in notifying the affected community (including an 
     Indian tribe) of the availability of a technical assistance 
     grant for a covered facility as soon as practicable after the 
     President has begun a response action at the covered 
     facility.
       ``(2) Special rules.--
       ``(A) No matching contribution.--No matching contribution 
     shall be required for a technical assistance grant.
       ``(B) Advance payments.--The President may disburse the 
     grant to a recipient in advance of the recipient's making 
     expenditures to be covered by the grant. In the event that 
     the President advances funds, funds shall be advanced in 
     amounts that do not exceed the greater of $5,000 or 10 
     percent of the grant amount.
       ``(3) Limit per facility.--
       ``(A) In general.--The Administrator may award not more 
     than 1 technical assistance grant at 1 time with respect to a 
     single covered facility.
       ``(B) Extension.--The Administrator may extend a project 
     period established in a grant to facilitate public 
     participation at all stages of a response action.
       ``(4) Funding amount.--
       ``(A) Limit.--Except as provided in subparagraph (B), the 
     amount of a technical assistance grant may not exceed $50,000 
     for a single grant recipient.
       ``(B) Waiver of limit.--The President may waive the limit 
     on the amount of a technical assistance grant under 
     subparagraph (A) if a waiver is necessary--
       ``(i) to carry out the purposes of this Act; or
       ``(ii) to reflect--

       ``(I) the complexity of the response action;
       ``(II) the nature and extent of contamination at the 
     facility;
       ``(III) the level of facility activity;
       ``(IV) projected total needs as requested by the grant 
     recipient;
       ``(V) the sizes and distances between the affected 
     communities; or
       ``(VI) the ability of the grant recipient to identify and 
     raise funds from other non-Federal sources.

       ``(5) Considerations.--In determining how to structure 
     payment of the amount of a technical assistance grant, 
     whether to extend a grant project period under subparagraph 
     (3)(B), or whether to grant a waiver under paragraph (4)(B), 
     the Administrator may consider factors such as the 
     geographical size of the facility and the distances between 
     affected communities.
       ``(6) Use of technical assistance grants.--
       ``(A) In general.--A technical assistance grant recipient 
     may use a grant--
       ``(i) to hire experts to assist the recipient in 
     interpreting information and presenting the recipient's views 
     with regard to a response action at the facility (including 
     any aspect of a response action identified in subsection 
     (h)(4)(A));
       ``(ii) to publish newsletters or otherwise disseminate 
     information to other members of the local community; or
       ``(iii) to provide funding for training for interested 
     affected citizens to enable the citizens to more effectively 
     participate in the response process.
       ``(B) Limitation on use for training.--A technical 
     assistance grant recipient may use not more than 10 percent 
     of the amount of a technical assistance grant, or $5,000, 
     whichever is less, for training under subparagraph (A)(iii).
       ``(7) Grant guidelines.--Not later than 180 days after the 
     date of enactment of this paragraph, the President shall 
     ensure that any guidelines concerning the management of 
     technical assistance grants by grant recipients conform with 
     this section.''.

     SEC. 104. WASTE SITE INFORMATION OFFICES.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as 
     amended by section 103) is amended by adding at the end the 
     following:
       ``(j) Waste Site Information Offices.--
       ``(1) Establishment.--
       ``(A) In general.--Subject to subparagraph (B), not later 
     than 18 months after the date of enactment of this 
     subsection, a State or Indian tribe with a facility on the 
     National Priorities List within the State or Indian tribe's 
     borders or reservation boundaries, respectively, may 
     establish a waste site information office to perform the 
     functions set forth in paragraph (3).
       ``(B) Existing offices.--A State or Indian tribe may 
     designate an office in existence before the date of enactment 
     of this subsection to perform the functions of a waste site 
     information office.
       ``(C) EPA role.--If the State or Indian tribe notifies the 
     Administrator that the State or Indian tribe does not intend 
     to establish a waste site information office, or if the 
     Administrator determines that the State or Indian tribe has 
     not established, within 18 months after the date of enactment 
     of this subsection, an office to perform the functions of a 
     waste site information office, the Administrator shall 
     establish an office within the Environmental Protection 
     Agency to perform the functions.
       ``(2) Funding.--
       ``(A) In general.--Funding for the operation of waste site 
     information offices, or State, Indian tribe, or Environmental 
     Protection Agency offices that perform similar functions, 
     collectively, shall not exceed $12,500,000 for a fiscal year.
       ``(B) State or tribal grants.--Each State or Indian tribe 
     that has a waste site information office, or each State, 
     Indian tribe, or Environmental Protection Agency office 
     performing the functions of a waste site information office, 
     shall receive not less than $100,000 for a fiscal year for 
     the performance of those functions.
       ``(C) Formula.--
       ``(i) In general.--The Administrator shall publish 
     guidelines establishing a formula for determining the amount 
     of funding for each waste site information office.
       ``(ii) Factors.--The formula shall include factors such as 
     the number of facilities listed on the National Priorities 
     List and the number of other covered facilities within the 
     State's borders or Indian tribe's reservation boundaries.
       ``(3) Functions.--
       ``(A) In general.--A waste site information office shall, 
     to the extent practicable--
       ``(i) assist the Administrator in--

       ``(I) informing the public regarding the existence of the 
     waste site information office and its services and making 
     available the information described in clause (ii); and
       ``(II) notifying the public of public meetings and other 
     opportunities to participate under this Act and the rights of 
     the public under this Act; and

       ``(ii) serve as a clearinghouse, and maintain records, as 
     appropriate, for waste site information, including--

       ``(I) information relating to the operation of Federal, 
     State, and tribal hazardous substance and waste laws with 
     respect to the State or Indian tribe;
       ``(II) information relating to each covered facility in the 
     State or tribal reservation, to the extent information 
     becomes available, including--

       ``(aa) the location, characteristics, and name of owner and 
     operator of the covered facility;
       ``(bb) the hazardous substances, pollutants, and 
     contaminants at the facility;
       ``(cc) the response actions being taken, including records 
     of any institutional controls that are included in the 
     response actions;
       ``(dd) use of institutional controls;
       ``(ee) any health studies generated in connection with the 
     covered facility;
       ``(ff) the status of the response actions at the covered 
     facility;
       ``(gg) the results of a review under section 121(c); and
       ``(hh) the locations of the administrative record created 
     for the facility, if any, under section 113(k);

       ``(III) a description of the Administrator's process for 
     identifying covered facilities and possible response actions 
     under this Act;
       ``(IV) on request, the hazard ranking score of any facility 
     for which a hazardous ranking score has been prepared and 
     that is within the waste site information office's area of 
     responsibility and the preliminary assessment or site 
     inspection for the facility; and
       ``(V) identification of resources, including--

       ``(aa) technical assistance grants under subsection (h);
       ``(bb) opportunities for forming a community advisory group 
     under subsection (g);
       ``(cc) opportunities to petition the Administrator of ATSDR 
     to perform a health assessment or other related health 
     activity under section 104(i)(6)(B); and
       ``(dd) additional technical resources, including 
     information about how to access national databases containing 
     toxicological, health, or other pertinent information.
       ``(B) Report.--
       ``(i) In general.--Each waste site information office shall 
     annually submit to the Administrator a report documenting how 
     the funds under paragraph (2) were used to carry out the 
     functions established by this subsection.
       ``(ii) Verification by inspector general.--The Inspector 
     General of the Environmental Protection Agency shall 
     periodically review the programs carried out under this 
     subsection.
       ``(iii) Termination of grant.--The Administrator shall 
     terminate the grant if--

       ``(I) the Administrator is unable to verify a 
     certification; or

[[Page S12298]]

       ``(II) the Administrator determines that the grant is not 
     being used in a manner that is consistent with the functions 
     under paragraph (3).''.

     SEC. 105. TECHNICAL OUTREACH SERVICES FOR COMMUNITIES.

       Section 311(d)(2) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9660(d)(2)) is amended--
        (1) by striking ``shall include, but not be limited to, 
     the conduct of research'' and inserting the following: 
     ``shall include--
       ``(A) the conduct of research'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) adding at the end the following:
       ``(B) the conduct of a program to provide to affected 
     communities educational and technical assistance to and 
     information regarding the effects or potential effects of the 
     contamination on human health and the environment.''.

     SEC. 106. RECRUITMENT AND TRAINING PROGRAM.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as 
     amended by section 104) is amended by adding at the end the 
     following:
       ``(k) Recruitment and Training Program.--
       ``(1) In general.--The Administrator, in consultation with 
     the National Institute of Environmental Health Science, shall 
     conduct a program to assist in the recruitment and training 
     of individuals in an affected community for employment in 
     response actions conducted at the facility concerned.
       ``(2) Recruitment, training, and employment.--The 
     Administrator shall encourage a person conducting a response 
     action under this Act to have contractors of the person train 
     in remediation skills and employ persons from the affected 
     community.''.

     SEC. 107. PRIORITY SITE EVALUATION.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as 
     amended by section 106) is amended by adding at the end the 
     following:
       ``(l) Priority Site Evaluation.--
       ``(1) Evaluation.--The Administrator shall solicit the 
     assistance of the waste site information office in 
     identifying 3 facilities in the area covered by each regional 
     office of the Administrator in major urban areas, or other 
     areas with minority populations and low-income populations 
     (such as within Indian country, Indian reservations, and poor 
     rural communities) that are likely to warrant inclusion on 
     the National Priorities List.
       ``(2) Priority.--Not later than 2 years after the date of 
     enactment of this subsection, a facility identified under 
     paragraph (1) shall be accorded a priority in evaluation for 
     listing on the National Priorities List and scoring and shall 
     be evaluated for listing on the National Priorities List.''.

     SEC. 108. UNDERSTANDABLE PRESENTATION OF MATERIALS.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as 
     amended by section 107) is amended by adding at the end the 
     following:
       ``(m) Presentation of Materials.--The President shall 
     ensure that information prepared for or distributed to the 
     public under this section shall be provided or summarized in 
     a manner that may be easily understood by the community, 
     considering any unique cultural needs of the community.''.

     SEC. 109. NO IMPEDIMENT TO RESPONSE ACTIONS.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as 
     amended by section 109) is amended by adding at the end the 
     following:
       ``(n) No Impediment to Response Actions.--Nothing in this 
     section shall impede or delay the ability of the 
     Environmental Protection Agency to conduct a response action 
     necessary to protect human health and the environment.''.
                          TITLE II--LIABILITY

      SEC. 201. LIABILITY EXEMPTIONS AND LIMITATIONS.

       (a) Liability Exemptions.--Section 107 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9607) is amended by adding at the end the 
     following:
       ``(o) Liability Exemptions.--
       ``(1) Contiguous properties.--
       ``(A) Not considered to be an owner or operator.--A person 
     that owns or operates real property that is contiguous to or 
     otherwise similarly situated with respect to a facility at 
     which there has been a release or threatened release of a 
     hazardous substance, that is or may be contaminated by the 
     release, shall not be considered to be an owner or operator 
     under paragraph (1) or (2) of subsection (a) solely by reason 
     of the contamination if--
       ``(i) the person did not cause, contribute, or consent to 
     the release or threatened release;
       ``(ii) the person is not associated with any other person 
     that is potentially liable for any response costs at the 
     facility at which there has been a release or threatened 
     release of a hazardous substance, through any familial 
     relationship, or any contractual, corporate, or financial 
     relationship;
       ``(iii) the person exercised appropriate care with respect 
     to hazardous substances from the facility, in light of all 
     relevant facts and circumstances;
       ``(iv) the person is in compliance with any land use or 
     activity restrictions on the property established or relied 
     on in connection with a response action at the facility, 
     including informing other persons that the person allows to 
     occupy or use the property of the restrictions and taking 
     prompt action to correct any noncompliance by such persons; 
     and
       ``(v) the person provides full cooperation, assistance, and 
     access to the persons that are authorized to conduct response 
     actions at the facility, including the cooperation and access 
     necessary for the installation, preservation of integrity, 
     operation, and maintenance of any complete or partial 
     response action at the facility.
       ``(B) Assurances.--The President may issue an assurance 
     that no enforcement action under this Act will be initiated 
     against a person described in paragraph (1).
       ``(2) De micromis exemption.--
       ``(A) Notwithstanding paragraphs (1) through (4) of 
     subsection (a), a person shall not be liable to the United 
     States or any other person (including liability for 
     contribution) under this Act for any response costs incurred 
     with respect to a facility if--
       ``(i) liability is based solely on paragraph (3) or (4) of 
     subsection (a);
       ``(ii) the total of materials containing a hazardous 
     substance that the person arranged for disposal or treatment 
     of, arranged with a transporter for transport for disposal or 
     treatment, of, or accepted for transport for disposal or 
     treatment, at the facility, was less than 110 gallons of 
     liquid materials or less than 200 pounds of solid materials 
     (or such other amount as the Administrator may determine on a 
     site-specific basis); and
       ``(iii) the acts upon which liability is based took place 
     wholly before July 1, 1997.
       ``(B) Exception.--Subparagraph (A) shall not apply in a 
     case in which the President determines that the material 
     containing hazardous substances referred to in subparagraph 
     (A) contributed significantly or could contribute 
     significantly, either individually or in the aggregate, to 
     the cost of the response action with respect to the facility.
       ``(3) Municipal solid waste exemption.--Notwithstanding 
     paragraphs (1) through (4) of subsection (a), a person shall 
     not be liable to the United States or any other person 
     (including liability for contribution) under this Act for any 
     response costs incurred with respect to a facility, to the 
     extent that--
       ``(A) liability is based on paragraph (3) or (4) of 
     subsection (a); and
       ``(B) the person is--
       ``(i) an owner, operator, or lessee of residential property 
     from which all of the person's municipal solid waste was 
     generated;
       ``(ii) a business entity that, during the taxable year 
     preceding the date of transmittal of written notification 
     that the business is a potentially responsible party, employs 
     not more than 100 individuals; or
       ``(iii) a small nonprofit organization from which all of 
     the person's municipal solid waste was generated.
       (b) Liability Limitations.--Section 107 of the 
     Comprehensive Environmental Response, Liability, and 
     Compensation Act of 1980 (42 U.S.C. 9607) (as amended by 
     subsection (a)) is amended by adding at the end the 
     following:
       ``(p) Liability Limitations.--
       ``(1) In general.--A municipality that is liable for 
     response costs under paragraph (1) or (2) of subsection (a) 
     on the basis of ownership or operation of a municipal 
     landfill that is listed on the National Priority List on or 
     before January 1, 1997, shall be eligible for a settlement of 
     that liability.
       ``(2) Settlement amount.--
       ``(A) In general.--The President shall offer a settlement 
     to a party with respect to liability described in paragraph 
     (1) on the basis of a payment or other obligation equivalent 
     in value to not more than 20 percent of the total response 
     costs in connection with the facility.
       ``(B) Increased amount.--The President may increase the 
     percentage under subparagraph (A) to not more than 35 percent 
     if the President determines that--
       ``(i) the municipality committed specific acts that 
     exacerbated environmental contamination or exposure with 
     respect to the facility; or
       ``(ii) the municipality, during the period of ownership or 
     operation of the facility, received operating revenues 
     substantially in excess of the sum of the waste system 
     operating costs plus 20 percent of total estimated response 
     costs in connection with the facility.
       ``(3) Performance of response actions.--As a condition of a 
     settlement with a municipality under this subsection, the 
     President may require that the municipality perform or 
     participate in the performance of the response actions at the 
     facility.
       ``(4) Ownership or operation by 2 or more municipalities.--
     A combination of 2 or more municipalities that jointly own or 
     operate a facility shall be considered to be a single owner 
     or operator for the purpose of calculating a settlement offer 
     under this subsection.
       ``(5) Conditions.--The limitation on settlement amount 
     under paragraph (2) shall not apply on or after the date that 
     is 2 years after the date of enactment of this subsection 
     unless the municipality institutes or participates in a 
     qualified household hazardous waste collection program before 
     the date that is 2 years after the date of enactment of this 
     subsection.

[[Page S12299]]

       ``(6) Exceptions.--The President may decline to offer a 
     settlement under this subsection with respect to a facility 
     if the President determines that--
       ``(A) there is no waste except municipal solid waste or 
     municipal sewage sludge at the facility; or
       ``(B) all known potentially responsible parties are 
     insolvent, defunct, or eligible for a settlement under this 
     subsection or section 122(g).''.
       (c) Costs and Fees.--Section 107 of the Comprehensive 
     Environmental Response, Liability, and Compensation Act of 
     1980 (42 U.S.C. 9607) (as amended by subsection (b)) is 
     amended by adding at the end the following:
       ``(q) Costs and Fees.--A person that commences an action 
     for recovery of response costs or for contribution against a 
     person that is not liable, or that has entered into an 
     expedited settlement under section 107(p) or 122(g), shall be 
     liable to the defendant for all reasonable costs of defending 
     the action, including all reasonable attorney's fees and 
     expert witness fees.''.

     SEC. 202. EXPEDITED FINAL SETTLEMENT.

       (a) Parties Eligible.--Section 122(g) of the Comprehensive 
     Environment Response, Liability, and Compensation Act of 1980 
     (42 U.S.C. 9622(g)) is amended--
       (1) by striking the subsection heading and inserting the 
     following:
       ``(g) Expedited Final Settlement.--'';
       (2) in paragraph (1)--
       (A) by redesignating subparagraph (B) as subparagraph (C);
       (B) by striking ``(1)'' and all that follows through 
     subparagraph (A) and inserting the following:
       ``(1) Parties eligible.--
       ``(A) In general.--The President shall, as expeditiously as 
     practicable, notify of eligibility for a settlement, and 
     offer to reach a final administrative or judicial settlement 
     with, each potentially responsible party that, in the 
     judgment of the President, meets 1 or more of the conditions 
     stated in subparagraphs (B), (C), (D), and (E).
       ``(B) De minimis contribution.--The condition stated in 
     this subparagraph is that the potentially responsible party's 
     liability is for response costs based on paragraph (3) or (4) 
     of subsection (a) and the party's contribution of hazardous 
     substances at a facility is de minimis. For the purposes of 
     this subparagraph, a potentially responsible party's 
     contribution shall be considered to be de minimis only if the 
     President determines that both of the following criteria are 
     met:
       ``(i) The amount of material containing a hazardous 
     substance contributed by the potentially responsible party to 
     the facility is minimal relative to the total amount of 
     material containing hazardous substances at the facility. The 
     amount of a potentially responsible party's contribution 
     shall be presumed to be minimal if the amount is 1 percent or 
     less of the total amount of materials containing hazardous 
     substances at the facility, unless the Administrator 
     identifies a different threshold based on site-specific 
     factors.
       ``(ii) The material containing a hazardous substance 
     contributed by the potentially responsible party does not 
     present toxic or other hazardous effects that are 
     significantly greater than the toxic or other hazardous 
     effects of other material containing hazardous substances at 
     the facility.'';
       (C) in subparagraph (C) (as redesignated by subparagraph 
     (A))--
       (i) by redesignating clauses (i) through (iii) as 
     subclauses (I) through (III), respectively, and adjusting the 
     margins appropriately;
       (ii) by striking ``(C) The potentially responsible party'' 
     and inserting the following:
       ``(C) Owners of real property.--
       ``(i) In general.--The condition stated in this 
     subparagraph is that the potentially responsible party''; and
       (iii) by striking ``This subparagraph (B)'' and inserting 
     the following:
       ``(ii) Applicability.--Clause (i)''; and
       (D) by adding at the end the following:
       ``(D) Contribution of municipal solid waste and municipal 
     sewage sludge.--
       ``(i) In general.--The condition stated in this 
     subparagraph is that the liability of the potentially 
     responsible party is for response costs based on paragraph 
     (3) or (4) of section 107(a) and on the potentially 
     responsible party's having arranged for disposal or treatment 
     of, arranged with a transporter for transport for disposal or 
     treatment of, or accepted for transport for disposal or 
     treatment of, municipal solid waste or municipal sewage 
     sludge at a facility listed on the National Priorities List.
       ``(ii) Settlement amount.--

       ``(I) In general.--The President shall offer a settlement 
     to a party referred to in clause (i) with respect to 
     liability under paragraph (3) or (4) of section 107(a) on the 
     basis of a payment of $3.05 per ton of municipal solid waste 
     or municipal sewage sludge that the President estimates is 
     attributable to the party.
       ``(II) Facility-specific adjustment.--The President may 
     adjust the $3.05 amount in subclause (I), on a facility-
     specific basis, to not more than $3.25 per ton, if the 
     President determines that any of the following factors is 
     present at a facility:

       ``(aa) A shallow aquifer underlies the facility.
       ``(bb) The facility is located in an area of high rainfall 
     or cold ambient air temperature.
       ``(cc) The ground water affected by the facility is 
     classified as drinking water.
       ``(dd) Low-permeability cover material (such as clay) is 
     unavailable at the facility.

       ``(III) Revision.--

       ``(aa) In general.--The President may revise the $3.05 and 
     $3.25 settlement amounts under subclauses (I) and (II) by 
     regulation.
       ``(bb) Basis.--A revised settlement amount under item (aa) 
     shall reflect the estimated per-ton cost of closure and post-
     closure activities at a representative facility containing 
     only municipal solid waste.
       ``(iii) Conditions.--The provisions for settlement 
     described in this subparagraph shall not apply with respect 
     to a facility where there is no waste except municipal solid 
     waste or municipal sewage sludge.
       ``(iv) Municipal sewage sludge containing certain 
     residue.--The President may decline to offer a settlement 
     under this subsection to a person that arranged for disposal 
     or treatment of, arranged with a transporter for transport 
     for disposal or treatment of, or accepted for transport for 
     disposal or treatment, municipal sewage sludge, if the 
     President determines that the municipal sewage sludge 
     contributed or could contribute significantly to the cost of 
     the response action at the facility.
       ``(v) Adjustment for inflation.--The Administrator may by 
     guidance periodically adjust the settlement amounts under 
     clause (ii) to reflect changes in the Consumer Price Index 
     (or other appropriate index, as determined by the 
     Administrator).
       ``(vi) Municipal owners and operators.--A municipality that 
     arranged for disposal or treatment of, arranged with a 
     transporter for transport for disposal or treatment of, or 
     accepted for transport for disposal or treatment, municipal 
     solid waste or municipal sewage sludge at a facility and is a 
     municipality that is also potentially liable under paragraph 
     (1) or (2) of section 107(a) at the facility shall be 
     eligible for settlement under this subparagraph and section 
     107(p). The settlement amount shall be equal to the 
     settlement amount under clause (ii) with respect to its 
     contribution of municipal solid waste or municipal sewage 
     sludge, plus the amount provided in section 107(p) as to the 
     liability of the municipality under paragraph (1) or (2) of 
     section 107(a).
       ``(E) Reduction in settlement amount based on limited 
     ability to pay.--
       ``(i) In general.--The condition stated in this 
     subparagraph is that the potentially responsible party--

       ``(I) is--

       ``(aa) a natural person;
       ``(bb) a small business; or
       ``(cc) a municipality; and

       ``(II) demonstrates to the President an inability or a 
     limited ability to pay response costs.

       ``(ii) Costs borne by the united states.--Where the United 
     States enters into a settlement under section 122 with a 
     party that agrees to perform work at the same facility that 
     is the subject of a settlement under clause (i), the United 
     States shall contribute the difference between--

       ``(I) the aggregate share that the Administrator 
     determines, on the basis of information presented, to be 
     specifically attributable to parties with a limited ability 
     to pay response costs; and
       ``(II) the share actually assumed by those parties in any 
     settlements with the United States under clause (i).

       ``(iii) Small businesses.--

       ``(I) Definition of small business.--In this subparagraph, 
     the term `small business' means a business entity that--

       ``(aa) together with its parents, subsidiaries, and other 
     affiliates, had an average of not more than 50 full-time 
     equivalent employees and an average of not more than 
     $3,000,000 in annual gross revenues, as reported to the 
     Internal Revenue Service, during the 3 years preceding the 
     date on which the business entity first received notice from 
     the President of its potential liability under this Act; and
       ``(bb) is not associated with any other person potentially 
     responsible for response costs at the facility through any 
     familial relationship, or any contractual, corporate, or 
     financial relationship other than that arising from an 
     arrangement for disposal or treatment, or for transport for 
     disposal or treatment of hazardous substances.
       ``(iv) Definition of affiliate.--In this subparagraph, the 
     term `affiliate' has the meaning given the term `small 
     business concern' in regulations promulgated by the Small 
     Business Administration in accordance with the Small Business 
     Act (15 U.S.C. 631 et seq.).
       ``(v) Other potentially responsible parties.--This 
     subparagraph does not affect the President's authority to 
     evaluate the ability to pay of a potentially responsible 
     party other than a natural person, small business, or 
     municipality, or to enter into a settlement with such other 
     party based on that party's ability to pay.
       ``(F) Basis of determination.--If the President determines 
     that a potentially responsible party is not eligible for 
     settlement under this subsection, the President shall state 
     the reasons for the determination in writing to any 
     potentially responsible party that requests a settlement 
     under this paragraph. A determination by the President under 
     this paragraph shall not be subject to judicial review.''.
       (b) Settlement Offers.--Section 122 of the Comprehensive 
     Environment Response, Liability, and Compensation Act of 1980 
     (42 U.S.C. 9622) is amended--
       (1) in subsection (g)--
       (A) by redesignating paragraph (6) as paragraph (10); and

[[Page S12300]]

       (B) by inserting after paragraph (5) the following:
       ``(6) Settlement offers.--
       ``(A) In general.--As soon as practicable after receipt of 
     sufficient information, the Administrator shall submit a 
     written settlement offer to each person that the 
     Administrator determines, based on information available to 
     the Administrator at the time at which the determination is 
     made, to be eligible for a settlement under paragraph (1).
       ``(B) Information.--At the time at which the Administrator 
     submits an offer under paragraph (1), the Administrator 
     shall, at the request of the recipient of the offer, make 
     available to the recipient any information available under 
     section 552 of title 5, United States Code, on which the 
     Administrator bases the settlement offer, and if the 
     settlement offer is based in whole or in part on information 
     not available under that section, so inform the recipient.
       ``(7) Litigation moratorium.--
       ``(A) In general.--No person eligible for an expedited 
     settlement under paragraph (1) shall be named as a defendant 
     in any action under this Act for recovery of response costs 
     (including an action for contribution) during the period 
     beginning on the date on which the person receives from the 
     President written notice of its potential liability and 
     notice that it is a party that may qualify for an expedited 
     settlement, and ending on the earlier of--
       ``(i) the date that is 90 days after the date on which the 
     President tenders a written settlement offer to the person; 
     or
       ``(ii) the date that is 1 year after the date specified in 
     subparagraph (A).
       ``(B) Tolling of period of limitation.--The period of 
     limitation under section 113(g) applicable to a claim against 
     a person described in subparagraph (A) for response costs or 
     contribution shall be tolled during the period described in 
     subparagraph (A).
       ``(C) Stay of litigation.--If, before the date of enactment 
     of this paragraph, a person described in subparagraph (A) has 
     been named as a defendant in an action for recovery of 
     response costs or contribution, the court shall, unless a 
     stay would result in manifest injustice, stay the action as 
     to that claim until the end of the period described in 
     subparagraph (A).
       ``(8) Notice of settlement.--After a settlement under this 
     subsection becomes final with any person with respect to a 
     facility, the President shall promptly notify potentially 
     responsible parties at the facility that have not resolved 
     their liability to the United States of the settlement.''; 
     and
       (2) by adding at the end the following:
       ``(n) Exceptions.--Subsection (g) and subsections (o) and 
     (p) of section 107 shall not apply in a case in which the 
     President determines that the person has failed to comply 
     with any request for information or administrative subpoena 
     issued by the President under this Act, or has impeded or is 
     impeding the performance of a response action with respect to 
     the facility.
       ``(o) Waiver of Claims.--The President may require, as a 
     condition of settlement under this subsection or section 
     107(p), that a potentially responsible party waive some or 
     all of the claims (including a claim for contribution under 
     section 113) that the party may have against other 
     potentially responsible parties for all response costs 
     incurred at the facility.
       ``(p) Relationship to Liability Under Other Law.--Nothing 
     in this section affects the obligation of any person to 
     comply with any other Federal, State, or local law (including 
     requirements under the Solid Waste Disposal Act (42 U.S.C. 
     6901 et seq.).''.
       (c) Regulations.--The Administrator of the Environmental 
     Protection Agency has the authority, under section 115 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9615), to promulgate 
     additional regulations concerning the amendments made by this 
     section.
                                 ______
                                 
      By Mr. DORGAN (for himself, Mr. Lautenberg, Mr. Bumpers, Mr. 
        Conrad, and Mr. Wellstone):
  S. 1498. A bill to require States to adopt laws prohibiting open 
alcoholic containers in automobiles; to the Committee on Environment 
and Public Works.


               the national drunk driving protection act

  Mr. DORGAN. Mr. President, today I am introducing legislation to 
combat our Nation's continual problem with drunk driving. This problem, 
that attacks young and old alike, is multifaceted and must be combating 
on several fronts. My bill addresses the need to take alcohol out of 
automobiles by establishing a national policy prohibiting open alcohol 
containers in automobiles.
  To put this problem in perspective, an average of one person every 
half hour dies as a result of drunk driving, and that worked out to be 
17,272 alcohol-related fatalities in 1996 according to the Department 
of Transportation. This figure is over 40 percent of the total number 
of traffic fatalities in the United States. The sad irony in these 
statistics is that drunk driving is a preventable problem.
  Even more heart wrenching is that drunk driving is killing a 
disproportionate amount of our youth and young adults. In 1995, while 
30 percent of our driving population was between the ages of 21-34, 50 
percent of the fatalities and 50 percent of the drunk driving injuries 
were in this age group. That amounted to 6,760 dead and 95,800 injured 
young adults.
  One way we must combat drunk driving is to ban the consumption of 
alcohol in automobiles. According to the National Highway Traffic 
Safety Administration, in 22 States it is still legal for passengers in 
a vehicle to be drinking while the vehicle is in operation. And in 10 
States, it is perfectly legal for a driver of a car to have one hand on 
the steering wheel and drinking a bottle of whisky in the other. It 
seems inexcusable to me that we have a circumstance in this country 
where citizens cannot be assured that in every State and in every local 
jurisdiction in the Nation that there are not laws against people 
drinking and driving at the same time. This legislation will provide 
that assurance and prohibit open containers in every State.
  I hope that the Senate will have a good debate on drunk driving 
issues early next year when we return to debate the reauthorization of 
the Intermodal Surface Transportation Efficiency Act [ISTEA]. I intend 
to offer this legislation as amendment to the ISTEA reauthorization and 
I urge my colleagues to support this effort.
  I ask unanimous consent that the text of the bill be printed in the 
Record:
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1498

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Drunk Driving 
     Protection Act''.

     SECTION 2. OPEN CONTAINER LAWS.

       (a) Establishment.--Chapter I of title 23, United States 
     Code, is amended by inserting after section 153 the 
     following:

     ``Sec. 154. Open container requirements

       ``(a) Definitions.--In this section:
       ``(1) Alcoholic beverage.--The term `alcoholic beverage' 
     has the meaning given the term in section 158(c).
       ``(2) Motor vehicle.--The term `motor vehicle' means a 
     vehicle driven or drawn by mechanical power and manufactured 
     primarily for use on public highways, but does not include a 
     vehicle operated exclusively on a rail or rails.
       ``(3) Open alcoholic beverage container.--The term `open 
     alcoholic beverage container' has the meaning given the term 
     in section 410(i).
       ``(4) Passenger area.--The term `passenger area' shall have 
     the meaning given the term by the Secretary by regulation.
       ``(b) Penalty.--
       ``(1) General rule.--
       ``(A) Fiscal year 2000.--If, at any time in fiscal year 
     2000, a State does not have in effect a law described in 
     subsection (c), the Secretary shall transfer 1.5 percent of 
     the funds apportioned to the State for fiscal year 2001 under 
     each of paragraphs (1)(A), (1)(C), and (3) of section 104(b) 
     to the apportionment of the State under section 402.
       ``(B) Fiscal years thereafter.--If, at any time in a fiscal 
     year beginning after September 30, 2000, a State does not 
     have in effect a law described in subsection (c), the 
     Secretary shall transfer 3 percent of the funds apportioned 
     to the State for the following fiscal year under each of 
     paragraphs (1)(A), (1)(C), and (3) of section 104(b) to the 
     apportionment of the State under section 402.
       ``(c) Open Container Laws.--
       ``(1) In general.--For the purposes of this section, each 
     State shall have in effect a law that prohibits the 
     possession of any open alcoholic beverage container, or the 
     consumption of any alcoholic beverage, in the passenger area 
     of any motor vehicle (including possession or consumption by 
     the driver of the vehicle) located on a public highway, or 
     the right-of-way of a public highway, in the State.
       ``(2) Motor vehicles designed to transport many 
     passengers.--For the purposes of this section, if a State has 
     in effect a law that makes unlawful the possession of any 
     open alcoholic beverage container in the passenger area by 
     the driver (but not by a passenger) of a motor vehicle 
     designed to transport more than 10 passengers (including the 
     driver) while being used to provide charter transportation of 
     passengers, the State shall be deemed to have in effect a law 
     described in this subsection with respect to such a motor 
     vehicle for each fiscal year during which the law is in 
     effect.
       ``(d) Federal Share.--The Federal share of the cost of a 
     project carried out under section 402 with funds transferred 
     under subsection (b) to the apportionment of a State under 
     section 402 shall be 100 percent.
       ``(e) Transfer of Obligation Authority.--
       ``(1) In general.--If the Secretary transfers under 
     subsection (b) any funds to the apportionment of a State 
     under section 402 for a fiscal year, the Secretary shall 
     allocate to

[[Page S12301]]

     the State an amount, determined under paragraph (2), of 
     obligation authority distributed for the fiscal year for 
     Federal-aid highways and highway safety construction programs 
     for carrying out projects under section 402.
       ``(2) Amount.--The amount of obligation authority referred 
     to in paragraph (1) shall be determined by multiplying--
       ``(A) the amount of funds transferred under subsection (b) 
     to the apportionment of the State under section 402 for the 
     fiscal year; by
       ``(B) the ratio that--
       ``(i) the amount of obligation authority distributed for 
     the fiscal year to the State for Federal-aid highways and 
     highway safety construction programs; bears to
       ``(ii) the total of the sums apportioned to the State for 
     Federal-aid highways and highway safety construction programs 
     (excluding sums not subject to any obligation limitation) for 
     the fiscal year.
       ``(f) Limitation on Applicability of Highway Safety 
     Obligations.--Notwithstanding any other provision of law, no 
     limitation on the total of obligations for highway safety 
     programs under section 402 shall apply to funds transferred 
     under subsection (b) to the apportionment of a State under 
     section 402.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 153 the following:

``154. Open container requirements.''

                                 ______
                                 
      By Mrs. BOXER:
  S. 1499. A bill to amend the title XXVII of the Public Health Service 
Act and other laws to assure the rights of enrollees under managed care 
plans; to the Committee on Labor and Human Resources.


       the health insurance consumer's bill of rights act of 1997

  Mrs. BOXER. Mr. President, today I am introducing the Health 
Insurance Consumer's bill of rights. I have been working closely on 
this bill with Congressman Chuck Schumer, who has introduced companion 
legislation in the House.
  Our will address an increasing crisis of confidence in our Nation's 
health care system. This crisis of confidence is especially evident for 
the increasing number of Americans enrolled in managed care health 
plans.
  A recent survey conducted by the Henry Kaiser Family Foundation and 
Harvard University found that only 44 percent of enrollees in managed 
care health care plans believe it is very likely that necessary 
treatments would be covered if they became seriously ill. Fully 69 
percent of enrollees in traditional fee-for-service plans believed they 
would be adequately covered.
  The survey found that the American people hold managed care plans 
generally in low esteem and they support efforts to improve the health 
insurance system. That, Mr. President, is exactly what the Boxer-
Schumer bill aims to do.
  The Health Insurance Consumer's bill of rights requires all health 
insurance plans to meet basic requirements for conduct, coverage, and 
consumer disclosure.
  Specifically, the bill requires that all managed care plans have an 
adequate number of primary care physicians and specialists to meet the 
health care needs of their enrollees. It requires health plans to cover 
emergency care, terminate so-called gag rules that limit communication 
between a doctor and a patient. It requires the annual disclosure of a 
wealth of important consumer information to enrollees and potential 
enrollees, and finally, this bill contains a number of important 
provisions to ensure that women are treated fairly in managed care 
plans.
  I want to make clear that the Schumer-Boxer bill is not antimanaged 
care. On the contrary, the bill accepts that managed care plans are the 
chosen kind of coverage for millions of Americans. It is precisely for 
that reason that Congress must act to ensure that managed care plans 
act responsibly and provide quality coverage.
  I hope the Senate will consider this bill carefully and act upon it 
early next year.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1499

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Health 
     Insurance Consumer's Bill of Rights Act of 1997''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                TITLE I--HEALTH INSURANCE BILL OF RIGHTS

Sec. 101. Health insurance bill of rights.

               ``Part C--Health Insurance Bill of Rights

``Sec. 2770. Notice; additional definitions.

  ``Subpart 1--Access to Primary Care Physicians, Specialists, Out of 
     Network Providers, Emergency Room Services, Prescription Drugs

``Sec. 2771. Access to personnel and facilities; assuring adequate 
              choice of health care professionals.
``Sec. 2772. Access to specialty care.
``Sec. 2773. Access to emergency care.
``Sec. 2774. Coverage for individuals participating in approved 
              clinical trials.
``Sec. 2775. Continuity of care.
``Sec. 2776. Prohibition of interference with certain medical 
              communications.
``Sec. 2777. Access to needed prescription drugs.

   ``Subpart 2--Utilization Review, Grievance, Appeals, and Quality 
                              Improvement

``Sec. 2779. Standards for utilization review activities, complaints, 
              and appeals.
``Sec. 2780. Quality improvement program.

                     ``Subpart 3--Nondiscrimination

``Sec. 2784. Nondiscrimination.

                      ``Subpart 4--Confidentiality

``Sec. 2785. Medical records and confidentiality.

                        ``Subpart 5--Disclosures

``Sec. 2786. Health prospectus; disclosure of information.

``Subpart 6--Promoting Good Medical Practice and Protecting the Doctor-
                          Patient Relationship

``Sec. 2787. Promoting good medical practice.

       TITLE II--APPLICATION OF BILL OF RIGHTS UNDER VARIOUS LAWS

Sec. 201. Amendments to the Public Health Service Act.
Sec. 202. Managed care requirements under the Employee Retirement 
              Income Security Act of 1974.
Sec. 203. Managed care requirements under the Internal Revenue Code of 
              1986.
Sec. 204. Managed care requirements under medicare, medicaid, and the 
              Federal employees health benefits program (FEHBP).
Sec. 205. Effective dates.
                TITLE I--HEALTH INSURANCE BILL OF RIGHTS

     SEC. 101. HEALTH INSURANCE BILL OF RIGHTS.

       Title XXVII of the Public Health Service Act is amended--
       (1) by redesignating part C as part D, and
       (2) by inserting after part B the following new part:

               ``Part C--Health Insurance Bill of Rights

     ``SEC. 2770. NOTICE; ADDITIONAL DEFINITIONS.

       ``(a) Notice.--A health insurance issuer under this part 
     shall comply with the notice requirement under section 711(d) 
     of the Employee Retirement Income Security Act of 1974 with 
     respect to the requirements of this part as if such section 
     applied to such issuer and such issuer were a group health 
     plan.
       ``(b) Additional Definitions.--For purposes of this part:
       ``(1) Enrollee.--The term `enrollee' means an individual 
     who is entitled to benefits under a group health plan or 
     under health insurance coverage.
       ``(2) Health care professional.--The term `health care 
     professional' means a physician or other health care 
     practitioner providing health care services.
       ``(3) Health care provider.--The term `health care 
     provider' means a clinic, hospital physician organization, 
     preferred provider organization, independent practice 
     association, community service provider, family planning 
     clinic, or other appropriately licensed provider of health 
     care services or supplies.
       ``(4) Managed care.--The term `managed care' means, with 
     respect to a group health plan or health insurance coverage, 
     such a plan or coverage that provides financial incentives 
     for enrollees to obtain benefits through participating health 
     care providers or professionals.
       ``(5) Nonparticipating.--The term `nonparticipating' means, 
     with respect to a health care provider or professional and a 
     group health plan or health insurance coverage, such a 
     provider or professional that is not a participating provider 
     or professional with respect to such services.
       ``(6) Participating.--The term `participating' means, with 
     respect to a health care provider or professional and a group 
     health plan or health insurance coverage offered by a health 
     insurance issuer, such a provider or professional that has 
     entered into an agreement or arrangement with the plan or 
     issuer with respect to the provision of health care services 
     to enrollees under the plan or coverage.
       ``(7) Primary care practitioner.--The term `primary care 
     practitioner' means, with respect to a group health plan or 
     health insurance coverage offered by a health insurance 
     issuer, a health care professional (who may be trained in 
     family practice, general practice, internal medicine, 
     obstetrics and

[[Page S12302]]

     gynecology, or pediatrics and who is practicing within the 
     scope of practice authorized by State law) designated by the 
     plan or issuer to coordinate, supervise, or provide ongoing 
     care to enrollees.

  ``Subpart 1--Access to Primary Care Physicians, Specialists, Out of 
     Network Providers, Emergency Room Services, Prescription Drugs

     ``SEC. 2771. ACCESS TO PERSONNEL AND FACILITIES; ASSURING 
                   ADEQUATE CHOICE OF HEALTH CARE PROFESSIONALS.

       ``A managed care group health plan (and a health insurance 
     issuer offering managed care group health insurance coverage) 
     shall comply with regulations promulgated by the Secretary 
     that ensure that such plans and issuers--
       ``(1) have a sufficient number and type of primary care 
     practitioners and specialists, throughout the service area to 
     meet the needs of enrollees and to provide meaningful choice;
       ``(2) maintain a mix of primary care practitioners that is 
     adequate to meet the needs of the enrollees' varied 
     characteristics, including age, gender, race, and health 
     status; and
       ``(3) include, to the extent possible, a variety of primary 
     care providers (including community health centers, rural 
     health clinics, and family planning clinics).

     ``SEC. 2772. ACCESS TO SPECIALTY CARE.

       ``A managed care group health plan (and a health insurance 
     issuer offering managed care group health insurance coverage) 
     shall comply with regulations promulgated by the Secretary 
     that ensure that such plans and issuers provide enrollees 
     with--
       ``(1) access to specialty care;
       ``(2) standing referrals to specialists;
       ``(3) access to nonparticipating providers;
       ``(4) direct access (without the need for a referral) to 
     health care professionals trained in obstetrics and 
     gynecology; and
       ``(5) a process that permits a health care provider trained 
     in obstetrics and gynecology to be designated and treated as 
     a primary care practitioner.

     ``SEC. 2773. ACCESS TO EMERGENCY CARE.

       ``(a) In General.--If a group health plan or health 
     insurance coverage provides any benefits with respect to 
     emergency services (as defined in subsection (b)(1)), the 
     plan or the health insurance issuer offering such coverage 
     shall--
       ``(1) provide for emergency services without regard to 
     prior authorization or the emergency care provider's 
     contractual relationship with the organization; and
       ``(2) comply with such guidelines as the Secretary of 
     Health and Human Services may prescribe relating to promoting 
     efficient and timely coordination of appropriate maintenance 
     and post-stabilization care of an enrollee after the enrollee 
     has been determined to be stable under section 1867 of the 
     Social Security Act.
       ``(b) Definition of Emergency Services.--In this 
     subsection--
       ``(1) In general.--The term `emergency services' means, 
     with respect to an enrollee under a plan or coverage, 
     inpatient and outpatient services covered under the plan or 
     coverage that--
       ``(A) are furnished by a provider that is qualified to 
     furnish such services under the plan or coverage, and
       ``(B) are needed to evaluate or stabilize an emergency 
     medical condition (as defined in subparagraph (B)).
       ``(2) Emergency medical condition based on prudent 
     layperson.--The term `emergency medical condition' means a 
     medical condition manifesting itself by acute symptoms of 
     sufficient severity (including severe pain) such that a 
     prudent layperson, who possesses an average knowledge of 
     health and medicine, could reasonably expect the absence of 
     immediate medical attention to result in--
       ``(A) placing the health of the individual (or, with 
     respect to a pregnant woman, the health of the woman or her 
     unborn child) in serious jeopardy,
       ``(B) serious impairment to bodily functions, or
       ``(C) serious dysfunction of any bodily organ or part.

     ``SEC. 2774. COVERAGE FOR INDIVIDUALS PARTICIPATING IN 
                   APPROVED CLINICAL TRIALS.

       ``(a) In General.--If a group health plan provides 
     benefits, or a health insurance issuer offers health 
     insurance coverage to, a qualified enrollee (as defined in 
     subsection (b)), the plan or issuer--
       ``(1) may not deny the enrollee participation in the 
     clinical trial referred to in subsection (b)(2);
       ``(2) subject to subsection (c), may not deny (or limit or 
     impose additional conditions on) the coverage of routine 
     patient costs for items and services furnished in connection 
     with participation in the trial; and
       ``(3) may not discriminate against the enrollee on the 
     basis of the enrollee's participation in such trial.
       ``(b) Qualified Enrollee Defined.--For purposes of 
     subsection (a), the term `qualified enrollee' means an 
     enrollee who meets the following conditions:
       ``(1) The enrollee has a life-threatening or serious 
     illness for which no standard treatment is effective.
       ``(2) The enrollee is eligible to participate in an 
     approved clinical trial with respect to treatment of such 
     illness.
       ``(3) The enrollee and the referring physician conclude 
     that the enrollee's participation in such trial would be 
     appropriate.
       ``(4) The enrollee's participation in the trial offers 
     potential for significant clinical benefit for the enrollee.
       ``(c) Payment.--
       ``(1) In general.--Under this section a plan or issuer 
     shall provide for payment for routine patient costs described 
     in subsection (a)(2) but is not required to pay for costs of 
     items and services that are reasonably expected (as 
     determined by the Secretary) to be paid for by the sponsors 
     of an approved clinical trial.
       ``(2) Payment rate.--In the case of covered items and 
     services provided by--
       ``(A) a participating provider, the payment rate shall be 
     at the agreed upon rate, or
       ``(B) a nonparticipating provider, the payment rate shall 
     be at the rate the plan or issuer would normally pay for 
     comparable services under subparagraph (A).
       ``(d) Approved Clinical Trial Defined.--In this section, 
     the term `approved clinical trial' means a clinical research 
     study or clinical investigation approved by the Food and Drug 
     Administration or approved and funded by one or more of the 
     following:
       ``(1) The National Institutes of Health.
       ``(2) A cooperative group or center of the National 
     Institutes of Health.
       ``(3) The Department of Veterans Affairs.
       ``(4) The Department of Defense.

     ``SEC. 2775. CONTINUITY OF CARE.

       ``A managed care group health plan (and a health insurance 
     issuer offering managed care group health insurance coverage) 
     shall comply with regulations promulgated by the Secretary 
     that ensure that such plans and issuers provide continuity of 
     coverage in the case of the terminated coverage where an 
     enrollee is undergoing a course of treatment with the 
     provider at the time of such termination.

     ``SEC. 2776. PROHIBITION OF INTERFERENCE WITH CERTAIN MEDICAL 
                   COMMUNICATIONS.

       ``(a) In General.--The provisions of any contract or 
     agreement, or the operation of any contract or agreement, 
     between a group health plan or health insurance issuer 
     (offering health insurance coverage in connection with a 
     group health plan) and a health professional shall not 
     prohibit or restrict the health professional from engaging in 
     medical communications with his or her patient.
       ``(b) Nullification.--Any contract provision or agreement 
     described in subsection (a) shall be null and void.
       ``(c) Medical Communication Defined.--For purposes of this 
     section, the term `medical communication' has the meaning 
     given such term by the Secretary.

     ``SEC. 2777. ACCESS TO NEEDED PRESCRIPTION DRUGS.

       ``If a group health plan, or health insurance issuer offers 
     health insurance coverage that, provides benefits with 
     respect to prescription drugs but the coverage limits such 
     benefits to drugs included in a formulary, the plan or issuer 
     shall ensure in accordance with regulations of the Secretary 
     that--
       ``(1) the nature of the formulary restrictions is fully 
     disclosed to enrollees; and
       ``(2) exceptions from the formulary restriction are 
     provided when medically necessary or appropriate.

   ``Subpart 2--Utilization Review, Grievance, Appeals, and Quality 
                              Improvement

     ``SEC. 2779. STANDARDS FOR UTILIZATION REVIEW ACTIVITIES, 
                   COMPLAINTS, AND APPEALS.

       ``A group health plan and a health insurance issuer 
     offering health insurance coverage in connection with a group 
     health plan shall comply with standards established by the 
     Secretary relating to its conduct of utilization review 
     activities. Such standards shall include the following:
       ``(1) A requirement that a plan or issuer develop written 
     policies and criteria concerning utilization review 
     activities.
       ``(2) A requirement that a plan or issuer provide notice of 
     such policies and criteria and the written notice of adverse 
     determinations.
       ``(3) A restriction on the use of contingent compensation 
     arrangements with providers.
       ``(4) A requirement establishing deadlines to ensure timely 
     utilization review determinations.
       ``(5) The establishment of an adequate process for filing 
     complaints, and appealing decisions, concerning utilization 
     review determinations, including the mandatory use of an 
     outside review panel to make decisions on such appeals.
       ``(6) A requirement that a plan or issuer that utilizes 
     clinical practice guidelines uniformly apply review criteria 
     that are based on sound scientific principles and the most 
     recent medical evidence.

     ``SEC. 2780. QUALITY IMPROVEMENT PROGRAM.

       ``(a) In General.--A group health plan and health insurance 
     issuer offering health insurance coverage shall make 
     arrangements for an ongoing quality improvement program for 
     health care services it provides to enrollees. Such a program 
     shall meet standards established by the Secretary, including 
     standards relating to--
       ``(1) the measurement of health outcomes relevant to all 
     populations, including women;
       ``(2) evaluation of high risk services;
       ``(3) monitoring utilization of services;
       ``(4) ensuring appropriate action to improve quality of 
     care; and
       ``(5) providing for an independent external review of the 
     program.

[[Page S12303]]

                     ``Subpart 3--Nondiscrimination

     ``SEC. 2784. NONDISCRIMINATION.

       ``(a) Enrollees.--A group health plan or health insurance 
     issuer offering health insurance coverage (whether or not a 
     managed care plan or coverage) may not discriminate or engage 
     (directly or through contractual arrangements) in any 
     activity, including the selection of service area, that has 
     the effect of discriminating against an individual on the 
     basis of race, culture, national origin, gender, sexual 
     orientation, language, socioeconomic status, age, disability, 
     genetic makeup, health status, payer source, or anticipated 
     need for healthcare services.
       ``(b) Providers.--Such a plan or issuer may not 
     discriminate in the selection of members of the health 
     provider or provider network (and in establishing the terms 
     and conditions for membership in the network) of the plan or 
     coverage based on any of the factors described in subsection 
     (a).
       ``(c) Services.--Such a plan or issuer may not exclude 
     coverage (including procedures and drugs) if the effect is to 
     discriminate in violation of subsection (a) or (b).

                      ``Subpart 4--Confidentiality

     ``SEC. 2785. MEDICAL RECORDS AND CONFIDENTIALITY.

       ``A managed care group health plan (and a health insurance 
     issuer offering managed care group health insurance) shall--
       ``(1) establish written policies and procedures for the 
     handling of medical records and enrollee communications to 
     ensure enrollee confidentiality;
       ``(2) ensure the confidentiality of specified enrollee 
     information, including, prior medical history, medical record 
     information and claims information, except where disclosure 
     of this information is required by law; and
       ``(3) not release any individual patient record 
     information, unless such a release is authorized in writing 
     by the enrollee or otherwise required be law.

                        ``Subpart 5--Disclosures

     ``SEC. 2786. HEALTH PROSPECTUS; DISCLOSURE OF INFORMATION.

       ``(a) Disclosure.--Each group health plan, and each health 
     insurance issuer providing health insurance coverage, shall 
     provide to each enrollee at the time of enrollment and on an 
     annual basis, and shall make available to each prospective 
     enrollee upon request--
       ``(1) a prospectus that relates to the plan or coverage 
     offered and that meets the requirements of subsection (b); 
     and
       ``(2) additional information described in subsection (c).
       ``(b) Prospectus.--
       ``(1) In general.--Each prospectus under this subsection 
     for a plan or coverage--
       ``(A) shall contain the information described in paragraphs 
     (2) through (4) concerning the plan or coverage,
       ``(B) shall contain such additional information as the 
     Secretary deems appropriate, and
       ``(C) shall be no longer than 3 pages in length and in a 
     format specified by the Secretary, for purposes of comparison 
     by prospective enrollees.
       ``(2) Qualitative information.--The information described 
     in this paragraph is a summary of the quality assessment data 
     on the plan or coverage. The data shall--
       ``(A) be the similar to the types of data as are collected 
     for managed care plans under title XVIII of the Social 
     Security Act, as determined by the Secretary and taking into 
     account differences between the populations covered under 
     such title and the populations covered under this title;
       ``(B) be collected by independent, auditing agencies;
       ``(C) include--
       ``(i) a description of the types of methodologies 
     (including capitation, financial incentive or bonuses, fee-
     for-service, salary, and withholds) used by the plan or 
     issuer to reimburse physicians, including the proportions of 
     physicians who have each of these types of arrangements; and
       ``(ii) cost-sharing requirements for enrollees.
     The information under subparagraph (C) shall include, upon 
     request, information on the reimbursement methodology used by 
     the plan or issuer or medical groups for individual 
     physicians, but do not require the disclosure of specific 
     reimbursement rates.
       ``(3) Quantitative information.--The information described 
     in this paragraph is measures of performance of the plan or 
     issuer (in relation to coverage offered) with respect to each 
     of the following and such other salient data as the Secretary 
     may specify:
       ``(A) The ratio of physicians to enrollees, including the 
     ratio of physicians who are obstetrician/gynecologists to 
     adult, female enrollees.
       ``(B) The ratio of specialists to enrollees.
       ``(C) The incentive structure used for payment of primary 
     care physicians and specialists.
       ``(D) Patient outcomes for procedures, including procedures 
     specific to female enrollees.
       ``(E) The number of grievances filed under the plan or 
     coverage.
       ``(F) The number of requests for procedures for which 
     utilization review board review or approval is required and 
     the number (and percentage) of such requests that are denied.
       ``(G) The number of appeals filed from denial of such 
     requests and the number (and percentage) of such appeals that 
     are approved, such numbers and percentages broken down by 
     gender of the enrollee involved.
       ``(H) Disenrollment data.
       ``(4) Description of benefits.--The information described 
     in this paragraph is a description of the benefits provided 
     under the plan or coverage, as well as explicit exclusions, 
     including a description of the following:
       ``(A) Coverage policy with respect to coverage for female-
     specific benefits, including screening mammography, hormone 
     replacement therapy, bone density testing, osteoporosis 
     screening, maternity care, and reconstructive surgery 
     following a mastectomy.
       ``(B) The costs of copayments for treatments, including any 
     exceptions.
       ``(c) Additional Information.--The additional information 
     described in this subsection is information about each of the 
     following:
       ``(1) The plan's or issuer's structure and provider 
     network, including the names and credentials of physicians in 
     the network.
       ``(2) Coverage provided and excluded, including out-of-area 
     coverage.
       ``(3) Procedures for utilization management.
       ``(4) Procedures for determining coverage for 
     investigational or experimental treatments as well as 
     definitions for coverage terms.
       ``(5) Any restrictive formularies or prior approval 
     requirements for obtaining prescription drugs, including, 
     upon request, information on whether or not specific drugs 
     are covered.
       ``(6) Use of voluntary or mandatory arbitration.
       ``(7) Procedures for receiving emergency care and out-of-
     network services when those services are not available in the 
     network and information on the coverage of emergency 
     services, including--
       ``(A) the appropriate use of emergency services, including 
     use of the 911 telephone system or its local equivalent in 
     emergency situations and an explanation of what constitutes 
     an emergency situation;
       ``(B) the process and procedures for obtaining emergency 
     services; and
       ``(C) the locations of (i) emergency departments, and (ii) 
     other settings, in which physicians and hospitals provide 
     emergency services and post-stabilization care.
       ``(8) How to contact agencies that regulate the plan or 
     issuer.
       ``(9) How to contact consumer assistance agencies, such as 
     ombudsmen programs.
       ``(10) How to obtain covered services.
       ``(11) How to receive preventive health services and health 
     education.
       ``(12) How to select providers and obtain referrals.
       ``(13) How to appeal health plan decisions and file 
     grievances.
       ``(d) State Authority to Require Additional Information.--
       ``(1) In general.--Subject to paragraph (2), this section 
     shall not be construed as preventing a State from requiring 
     health insurance issuers, in relation to their offering of 
     health insurance coverage, to disclose separately information 
     (including comparative ratings of health insurance coverage) 
     in addition to the information required to be disclosed under 
     this section.
       ``(2) Continued preemption with respect to group health 
     plans.--Nothing in this part shall be construed to affect or 
     modify the provisions of section 514 with respect to group 
     health plans.

``Subpart 6--Promoting Good Medical Practice and Protecting the Doctor-
                          Patient Relationship

     ``SEC. 2787. PROMOTING GOOD MEDICAL PRACTICE.

       ``(a) Prohibiting Arbitrary Limitations or Conditions for 
     the Provision of Services.--A group health plan and a health 
     insurance issuer, in connection with the provision of health 
     insurance coverage, may not impose limits on the manner in 
     which particular services are delivered if the services are 
     medically necessary or appropriate to the extent that such 
     procedure or treatment is otherwise a covered benefit.
       ``(b) Construction.--Subsection (a) shall not be construed 
     as requiring coverage of particular services the coverage of 
     which is otherwise not covered under the terms of the 
     coverage.''.
       TITLE II--APPLICATION OF BILL OF RIGHTS UNDER VARIOUS LAWS

     SEC. 201. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

       (a) Application to Group Health Insurance Coverage.--
     Subpart 2 of part A of title XXVII of the Public Health 
     Service Act is amended by adding at the end the following new 
     section:

     ``SEC. 2706. MANAGED CARE REQUIREMENTS.

       ``Each health insurance issuer shall comply with the 
     applicable requirements under part C with respect to group 
     health insurance coverage it offers.''.
       (b) Application to Individual Health Insurance Coverage.--
     Part B of title XXVII of the Public Health Service Act is 
     amended by inserting after section 2751 the following new 
     section:

     ``SEC. 2752. MANAGED CARE REQUIREMENTS.

       ``Each health insurance issuer shall comply with the 
     applicable requirements under part C with respect to 
     individual health insurance coverage it offers, in the same 
     manner as such requirements apply to group health insurance 
     coverage.''.
       (c) Modification of Preemption Standards.--
       (1) Group health insurance coverage.--Section 2723 of such 
     Act (42 U.S.C. 300gg-23) is amended--

[[Page S12304]]

       (A) in subsection (a)(1), by striking ``subsection (b)'' 
     and inserting ``subsections (b) and (c)'';
       (B) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (C) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Special Rules in Case of Managed Care Requirements.--
     Subject to subsection (a)(2), the provisions of section 2706 
     and part C, and part D insofar as it applies to section 2706 
     or part C, shall not prevent a State from establishing 
     requirements relating to the subject matter of such 
     provisions so long as such requirements are at least as 
     stringent on health insurance issuers as the requirements 
     imposed under such provisions.''.
       (2) Individual health insurance coverage.--Section 2762 of 
     such Act (42 U.S.C. 300gg-62), as added by section 
     605(b)(3)(B) of Public Law 104-204, is amended--
       (A) in subsection (a), by striking ``subsection (b), 
     nothing in this part'' and inserting ``subsections (b) and 
     (c)'', and
       (B) by adding at the end the following new subsection:
       ``(c) Special Rules in Case of Managed Care Requirements.--
     Subject to subsection (b), the provisions of section 2752 and 
     part C, and part D insofar as it applies to section 2752 or 
     part C, shall not prevent a State from establishing 
     requirements relating to the subject matter of such 
     provisions so long as such requirements are at least as 
     stringent on health insurance issuers as the requirements 
     imposed under such section.''.
       (d) Additional Conforming Amendments.--
       (1) Section 2723(a)(1) of such Act (42 U.S.C. 300gg-
     23(a)(1)) is amended by striking ``part C'' and inserting 
     ``parts C and D''.
       (2) Section 2762(b)(1) of such Act (42 U.S.C. 300gg-
     62(b)(1)) is amended by striking ``part C'' and inserting 
     ``part D''.
       (e) Assuring Coordination.--Section 104(1) of the Health 
     Insurance Portability and Accountability Act of 1996 (Public 
     Law 104-191) is amended by striking ``under this subtitle 
     (and the amendments made by this subtitle and section 401)'' 
     and inserting ``title XXVII of the Public Health Service Act, 
     under part 7 of subtitle B of title I of the Employee 
     Retirement Income Security Act of 1974, and chapter 100 of 
     the Internal Revenue Code of 1986''.

     SEC. 202. MANAGED CARE REQUIREMENTS UNDER THE EMPLOYEE 
                   RETIREMENT INCOME SECURITY ACT OF 1974.

       (a) In General.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 is 
     amended by adding at the end the following new section:

     ``SEC. 713. MANAGED CARE REQUIREMENTS.

       ``(a) In General.--Subject to subsection (b), a group 
     health plan (and a health insurance issuer offering group 
     health insurance coverage in connection with such a plan) 
     shall comply with the applicable requirements of part C of 
     title XXVII of the Public Health Service Act.
       ``(b) References in Application.--In applying subsection 
     (a) under this part, any reference in such part C--
       ``(1) to a health insurance issuer and health insurance 
     coverage offered by such an issuer is deemed to include a 
     reference to a group health plan and coverage under such 
     plan, respectively;
       ``(2) to the Secretary is deemed a reference to the 
     Secretary of Labor;
       ``(3) to an applicable State authority is deemed a 
     reference to the Secretary of Labor; and
       ``(4) to an enrollee with respect to health insurance 
     coverage is deemed to include a reference to a participant or 
     beneficiary with respect to a group health plan.''.
       (b) Modification of Preemption Standards.--Section 731 of 
     such Act (42 U.S.C. 1191) is amended--
       (1) in subsection (a)(1), by striking ``subsection (b)'' 
     and inserting ``subsections (b) and (c)'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (3) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Special Rules in Case of Managed Care Requirements.--
     Subject to subsection (a)(2), the provisions of section 713 
     and part C of title XXVII of the Public Health Service Act, 
     and subpart C insofar as it applies to section 713 or such 
     part, shall not be construed to preempt any State law, or the 
     enactment or implementation of such a State law, that 
     provides protections for individuals that are equivalent to 
     or stricter than the protections provided under such 
     provisions.''.
       (c) Conforming Amendments.--(1) Section 732(a) of such Act 
     (29 U.S.C. 1185(a)) is amended by striking ``section 711'' 
     and inserting ``sections 711 and 713''.
       (2) The table of contents in section 1 of such Act is 
     amended by inserting after the item relating to section 712 
     the following new item:

``Sec. 713. Managed care requirements.''.

     SEC. 203. MANAGED CARE REQUIREMENTS UNDER THE INTERNAL 
                   REVENUE CODE OF 1986.

       (a) In General.--Subchapter B of part B of part 7 of 
     subtitle B of title I of the Employee Retirement Income 
     Security Act of 1974 is amended by adding at the end the 
     following new section:

     ``SEC. 9813. MANAGED CARE REQUIREMENTS.

       ``(a) In General.--Subject to subsection (b), a group 
     health plan shall comply with the applicable requirements of 
     part C of title XXVII of the Public Health Service Act.
       ``(b) References in Application.--In applying subsection 
     (a) under this subchapter, any reference in such part C--
       ``(1) to the Secretary is deemed a reference to the 
     Secretary of the Treasury; and
       ``(2) to an applicable State authority is deemed a 
     reference to the Secretary.''.
       (b) Clerical Amendment.--The table of sections in 
     subchapter B of chapter 100 of such Code is amended by 
     inserting after the item relating to section 9812 the 
     following new item:

``Sec. 9813. Managed care requirements.''.

     SEC. 204. MANAGED CARE REQUIREMENTS UNDER MEDICARE, MEDICAID, 
                   AND THE FEDERAL EMPLOYEES HEALTH BENEFITS 
                   PROGRAM (FEHBP).

       (a) Medicare.--Section 1852 of the Social Security Act (42 
     U.S.C. 1395w-22), as inserted by section 4001 of the Balanced 
     Budget Act of 1997 (Public Law 101-33), is amended by adding 
     at the end the following new subsection:
       ``(l) Managed Care Requirements.--Each Medicare+Choice 
     organization that offers a Medicare+Choice plan described in 
     section 1851(a)(1)(A) shall comply with the applicable 
     requirements of part C of title XXVII of the Public Health 
     Service Act in the same manner as such requirements apply 
     with respect to health insurance coverage offered by a health 
     insurance issuer, except to the extent such requirements are 
     less protective of enrollees than the requirements 
     established under this part.''.
       (b) Medicaid.--Section 1932(b)(8) of the Social Security 
     Act, as added by section 4704(a) of the Balanced Budget Act 
     of 1997, is amended--
       (1) by striking ``and mental health'' and inserting ``, 
     mental health, and managed care'',
       (2) by inserting ``and of part C'' after ``of part A'', and
       (3) by inserting before the period at the end the 
     following: ``, except to the extent such requirements are 
     less protective of enrollees than the requirements 
     established under this title''.
       (c) Federal Employees' Health Benefits Program (FEHBP).--
     Chapter 89 of title 5, United States Code, is amended--
       (1) by inserting after the item relating to section 8905a 
     the following new section:

     ``Sec. 8905b. Application of managed care requirements

       ``Each health benefit plan offered under this chapter shall 
     comply with the applicable requirements of part C of title 
     XXVII of the Public Health Service Act in the same manner as 
     such requirements apply with respect to health insurance 
     coverage offered by a health insurance issuer, except to the 
     extent such requirements are less protective of enrollees 
     than the requirements established under this chapter.''; and
       (2) in the table of sections, by inserting the following 
     item after the item relating to section 8905a:

``8905b.   Application of managed care requirements.''.

     SEC. 205. EFFECTIVE DATES.

       (a) General Effective Date for Group Health Plans.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by section 101, subsections (a), (c)(1), and (d) of 
     section 201, and sections 203 and 204 shall apply with 
     respect to group health insurance coverage for group health 
     plan years beginning on or after July 1, 1998 (in this 
     section referred to as the ``general effective date'') and 
     also shall apply to portions of plan years occurring on and 
     after January 1, 1999.
       (2) Treatment of group health plans maintained pursuant to 
     certain collective bargaining agreements.--In the case of a 
     group health plan, or group health insurance coverage 
     provided pursuant to a group health plan, maintained pursuant 
     to 1 or more collective bargaining agreements between 
     employee representatives and 1 or more employers ratified 
     before the date of enactment of this Act, the amendments 
     described in paragraph (1) shall not apply to plan years 
     beginning before the later of--
       (A) the date on which the last collective bargaining 
     agreements relating to the plan terminates (determined 
     without regard to any extension thereof agreed to after the 
     date of enactment of this Act), or
       (B) the general effective date.

     For purposes of subparagraph (A), any plan amendment made 
     pursuant to a collective bargaining agreement relating to the 
     plan which amends the plan solely to conform to any 
     requirement added by such amendments shall not be treated as 
     a termination of such collective bargaining agreement.
       (b) General Effective Date for Health Insurance Coverage.--
     The amendments made by section 101 and subsections (b), 
     (c)(2), and (d) of section 201 shall apply with respect to 
     individual health insurance coverage offered, sold, issued, 
     renewed, in effect, or operated in the individual market on 
     or after the general effective date.
       (c) Effective Date for Coordination.--The amendment made by 
     section 201(e) shall take effect on the date of the enactment 
     of this Act.
       (d) Federal Programs.--The amendments made by section 204 
     shall take effect on January 1, 1999.
                                 ______
                                 
      By Mr. AKAKA:
  S. 1500. A bill to amend the Hawaii Tropical Forest Recovery Act to 
establish voluntary standards for certifying forest products 
cultivated, harvested,

[[Page S12305]]

and processed in tropical environments in Hawaii and to grant a 
certification for Hawaii tropical forest products that meet the 
voluntary standards, and for other purposes; to the Committee on 
Agriculture, Nutrition, and Forestry.


         the hawaii tropical forest products certification act

  Mr. AKAKA. Madam President, today I am introducing legislation to 
establish voluntary standards for certifying tropical forest products 
grown in Hawaii. Senator Inouye has joined me in cosponsoring this 
measure.
  Agriculture has long been the backbone of the economy of rural 
Hawaii. Recently, however, the decline of sugarcane has caused an 
upheaval for many of our rural communities. In the past 10 years, 21 
sugarcane plantations have gone out of business and the State has lost 
115,000 acres of sugarcane production.
  For more than 160 years, sugar provided jobs and a special way of 
life for communities throughout the State. Cane is still king on Maui 
and parts of Kauai, but elsewhere it has disappeared from the 
agricultural map. Our great challenge is to develop new opportunities 
that keep Hawaii green and economically productive for at least as 
long--and hopefully longer--than our relationship with sugar.
  For many landowners, the future of rural Hawaii is in forestry. But 
what will forestry in Hawaii look like 10, 20, or 50 years from now? 
Many people have strong feelings about how to answer this question.
  Sustainability is the emerging idea in forest development. This means 
practicing stewardship that integrates the growth, nurturing, and 
harvesting of trees with the conservation of soil, air, water, and 
wildlife. Sustainable forests are managed to serve the needs of the 
present generation without compromising the needs of future 
generations.
  In Hawaii, the stewardship ethic is very strong, especially within 
the forestry community. Hawaii's tropical forests are home to some of 
the richest biological diversity on the planet, and our forest managers 
understand the importance of preserving our living heritage. But in 
many countries, stewardship and responsible forest development is weak 
or nonexistent.
  Around the globe, forests are disappearing at an unprecedented rate, 
and nowhere is this problem more severe than in the tropics. More than 
half of the world's tropical rain forests have been consumed, degraded, 
or destroyed in this century.
  Because of the attention being given to forest degradation, consumers 
are asking questions about the source of the wood demand, and foresters 
to supply, wood products from well-managed forests.

  As the demand for sustainable forest products has increased, criteria 
for sustainable forestry have been formalized. The result is a world-
wide movement to verify that sustainable forestry claims are genuine. 
This process is known as certification.
  In recent years, the Hawaii forestry industry has closely monitored 
the certification movement. The bill I am introducing today will prompt 
an important dialogue on certification. I am inviting all stakeholders 
in this issue--Hawaii's forest industry, landowners, conservation 
experts, and affected communities--to engage in a free and open 
exchange about forest certification.
  What are the benefits of certification? For consumers, certification 
is a way of ensuring that forest products they purchase do not 
contribute to forest degradation. Independent verification of forestry 
practices is the Good Housekeeping Seal of Approval telling them that 
sustainable standards are being met.
  To landowners, certification is a way of ensuring that their careful 
management is rewarded in the marketplace. A certification label may 
result in a premium for your products, better market access, and in 
some cases, more secure supply agreements. The best way for the Hawaii 
forest industry to increase the value of their resource may be to sell 
certified tropical wood products into a world market that recognizes 
the abuse that tropical forests have suffered--and is willing to pay 
more for a tropical product that has received proper certification.
  Just how widespread is certification today? Forest certification is 
big business. Certification is practiced in 25 countries. European and 
North American buyers groups are committed to wood products 
certification. Eleven nations, including Germany and France, are 
represented in the European buyers group.
  Certification is voluntary, not mandatory, and my bill reflects this 
fact. Over time, however, landowners who do not employ sustainable 
practices and do not seek certification may find it more difficult to 
market their timber.
  My bill will establish standards certifying that Hawaii forest 
products are cultivated, harvested, and processed in a sustainable 
manner. Although forestry certification standards are high, 
certification will not require perfection. Like agriculture, forestry 
is subject to the forces of nature, and nature is often unpredictable.
  For certification to become successful in Hawaii, I believe that a 
bottom up rather than top down approach to consensus-building makes the 
most sense. With this in mind, in January, 1998, I will convene a 
meeting in Hawaii to further the dialog about forest certification and 
the bill I introduced today.
  Certification can take root in Hawaii without action by Congress. 
However, my bill can jump start the dialog and provide a format for 
discussion. I will be the first one to cheer if certification becomes a 
reality with, or without, legislation by Congress.
                                 ______
                                 
      By Mr. JEFFORDS:
  S. 1501. A bill to amend the Employee Retirement Income Security Act 
of 1974 to improve protection for workers in multiemployer pension 
plans; to the Committee on Labor and Human Resources.


              THE WORKERS' PENSION PROTECTION ACT OF 1997

  Mr. JEFFORDS. Mr. President, I am today introducing the Workers' 
Pension Protection Act. This legislation will level the playing field 
for millions of American workers who currently participate in defined 
benefit multiemployer pension plans.
  As I am certain many of my colleagues are aware, there is a 
difference between multiemployer and single-employer pension plans. 
Multiemployer plans are maintained by a specific union, and supported 
by the various employers that union has organized, whereas single-
employer plans are established by one company for its own employees. 
Thus, the Central States Teamsters pension fund covers individuals who 
work for employers the Teamsters have organized in the Midwestern 
United States. By contrast, General Electric has its a single-employer 
plan, or plans, that it established for its own employees.
  This bill is only concerned with multiemployer pension plans. It 
protects workers' benefits by making sure that multiemployer plans are 
funded so that benefits promised today will be available when workers 
retire in the future. Many of this country's multiemployer pension 
plans are underfunded by billions of dollars. It is true that a plan 
can be underfunded by billions of dollars but the relationship of 
assets to liabilities can still be relatively high. However, we are 
looking at plans that are not only underfunded by large amounts, but 
also where liabilities seriously outstrip assets.
  This legislation both increases funding and reporting requirements on 
multiemployer plans, so that we know when plans are becoming riskier, 
and improves protections and benefits. American workers rely upon their 
pensions to support them through their twilight years. Unfortunately 
pension plans are not infallible and too often, the American workers 
discover that their plan is bankrupt and that all pension payments are 
now in the hands of the Pension Benefit Guaranty Corporation [PBGC], 
the Federal agency charged with insuring defined benefit pension plans. 
What these workers may not realize is that under a single-employer 
plan, up to $33,132 per year is protected by the PBGC's pension 
insurance, but under the multiemployer pension insurance system, they 
can only receive $5,850. My legislation will not completely eliminate 
this unfairness, but it will slightly more than double the amount 
payable by the PBGC, by increasing benefits from $5,850 to $12,780. 
This change in the guaranty benefit amount would be the first increase 
to those benefits since the multiemployer program was enacted in 1980.

[[Page S12306]]

  Next, this bill will require plans to fund their current pension 
promises before making new ones. Pension plan trustees would be unable 
to grant benefit increases if a plan is less than 95 percent funded. 
This provision is needed to keep underfunded plans from going deeper in 
the red if collective bargaining ignores the underfunding problem.

  Third, this legislation will require multiemployer pension plans to 
use single, identified interest rate and mortality table assumptions in 
all calculations. As in the single-employer pension plan reform 
legislation of 1994, the interest rates and mortality tables must be 
standardized and must conform to the most recent data available. With 
this change, plans may not use one set of numbers when reporting the 
level of funding in their plan to the PBGC, and another set of numbers 
when determining liability associated with a withdrawal from the plan. 
That amounts to manipulating interest rates to game the system. We 
require single-employer pension plans to use a specific interest rate 
and a mortality table. I believe it should apply to multiemployer 
plans, as well.
  Fourth, the bill will require that plan trustees notify participants, 
annually and in plain English, of how well or poorly funded their plans 
are. Once and for all, multiemployer pension plan participants and 
beneficiaries will have a chance to learn how secure--or insecure--
their retirement benefits are. It is one thing to tell a plan 
participant what his or her expected benefit will be upon retirement. 
It is quite another to let a participant know that their pension plan 
could have 45 percent more in liabilities than it has in assets, or 
that it may have accumulated $5 billion in underfunding.
  The PBGC has told us that notification to participants of plan 
funding has worked well for single-employer plans. Since it has been a 
success for the single-employer insurance system, we should extend the 
same protections to participants in multiemployer plans. With a better 
understanding of the worth of their benefits, workers can make informed 
decisions about their retirement needs. I think such notification is a 
vitally important participant protection for multiemployer pension plan 
participants.
  Finally, the bill will increase premiums imposed by the PBGC upon 
sponsors of multiemployer pension plans. Currently, premiums are $2.60 
per participant but they have not been increased since the 
multiemployer guaranty program was enacted in 1980. By contrast, the 
single employer premium has been increased by Congress eight times 
since ERISA was passed in 1974. The minimum premium for fully funded 
single-employer plans is now $19 per participant, but some underfunded 
plans are charged hundreds of dollars per participant for PBGC 
premiums. If we are going to raise multiemployer benefits, it is also 
time to raise multiemployer premiums. Over a 3-year period, my bill 
will double premiums, increasing them to $5.20 per participant.
  Mr. President, I realize that it is the end of the session. I am 
introducing this measure now in order to permit review and comment by 
interested parties in advance of hearings I will be holding on this 
issue next year. This bill takes modest, but overdue steps to protect 
participants of multiemployer pension plans. I hope that those 
concerned with the safety and security of, and equity in, multiemployer 
pension plans will not hesitate to step forward to be heard. There are 
slightly more than 1,800 multiemployer pension plans in this Nation 
providing benefits to approximately 8.7 million individuals. This bill 
protects those workers and retirees--and they need and deserve our 
oversight. I encourage my colleagues in the Senate to join me in 
sponsoring this important piece of legislation.
                                 ______
                                 
      By Mr. WELLSTONE:
  S. 1503. A bill to protect the voting rights of homeless citizens; to 
the Committee on Rules and Administration.


           the voting rights of homeless citizens act of 1997

  Mr. WELLSTONE. Mr. President, I rise today to introduce the Voting 
Rights of Homeless Citizens Act of 1997. I am proud to stand alongside 
the distinguished House sponsor of this bill, Representative John 
Lewis.
  Mr. President, over the course of the last century, Congress has 
systematically removed the major obstacles that once prevented many of 
our citizens from voting. Not too long ago, only land-owning white men 
had the privilege of participating in our democracy. Women and 
minorities were prohibited from casting the ballot. More recently, 
people had to pay a poll tax or take a test in order to qualify to 
vote.
  Before the civil rights movement, there were areas in the southern 
part of this country where the vast majority of the population was 
black, but there wasn't a single registered black voter. In 1964, three 
young men gave their lives while working to register people to vote in 
rural Mississippi. Many people over the course of our history have 
sacrificed their lives in order to expand voting rights for all 
Americans.
  In 1964 President Lyndon Johnson proposed that we ``eliminate every 
remaining obstacle to the right and opportunity to vote.'' Eight months 
later, this Congress passed the Voting Rights Act of 1965, making it 
possible for millions of Americans to participate in the political 
process for the first time.
  Our Nation has made even more progress since then. The motor voter 
law made voter registration more accessible to working people. But our 
historic strides have not taken us far enough. The time is long overdue 
to ensure that every American has the opportunity to exercise this 
fundamental right. It is reprehensible that there are still American 
adults who are unable to partake of the most important right of 
citizenry.
  The purpose of this legislation is to give the power to vote to 
homeless citizens of this country. The bill would remove the legal and 
administrative barriers that inhibit them from exercising this right. 
No one should be excluded from registering to vote simply because they 
do not have an address. But in many States, the homeless are left out 
and left behind. This is wrong. This is against the grain of this great 
nation.
  I ask my colleagues to join me in opening the political process to 
every American--even those without a home. I urge my colleagues to join 
me by cosponsoring and supporting passage of the Voting Rights of 
Homeless Citizens Act of 1997.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S.1503

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the `Voting Rights of Homeless 
     Citizens Act of 1997'.

     SEC. 2. VOTING RIGHTS OF HOMELESS CITIZENS.

       No voting qualification or prerequisite to voting, or 
     standard, practice, or procedure shall be imposed or applied 
     by any State or political subdivision to deny or abridge the 
     right of any citizen of the United States to vote because 
     that citizen resides at or in a nontraditional abode.

     SEC. 3. ENFORCEMENT.

       The Attorney General may commence in the name of the United 
     States a civil action (including an action against a State or 
     political subdivision) or an aggrieved citizen may institute 
     a proceeding under this Act, for injunctive relief against a 
     violation of section 2.

     SEC. 4. RELATIONSHIP TO VOTING RIGHTS ACT OF 1965.

       This Act shall not be construed to impair any right 
     guaranteed by the Voting Rights Act of 1965 (42 U.S.C. 1973 
     et seq.).

     SEC. 5. DEFINITIONS.

       As used in this Act, the term `nontraditional abode' 
     includes--
       (1) a supervised publicly or privately operated shelter 
     designed to provide temporary living accommodations 
     (including welfare hotels, congregate shelters, and 
     transitional housing for the mentally ill); and
       (2) a public or private place not designated for, or 
     ordinarily used as, regular sleeping accommodation for human 
     beings.

     SEC. 6. EFFECTIVE DATE.

       This Act applies with respect to elections taking place 
     after December 31, 1997.
                                 ______
                                 
      By Mr. GRAHAM (for himself, Mr. Mack, Mr. Kennedy, Mr. Abraham, 
        and Ms. Moseley-Braun):
  S. 1504. A bill to adjust the immigration status of certain Haitian 
nationals who where provided refuge in the United States; to the 
Committee on the Judiciary.


          the haitian refugee immigration fairness act of 1997

  Mr. GRAHAM. Mr. President, I commend my colleagues on reaching an

[[Page S12307]]

agreement on what has been a very long and difficult negotiation 
relative to Central American and other immigrants. I note that we have 
in the Chamber at this time two of the Members of the House of 
Representatives who have been most active in achieving this result that 
is close to being reality, Congresswoman Ileana Ros-Lehtinen and 
Congressman Lincoln Diaz-Balart. I extend my special thanks to them and 
congratulations on the success of their hard work.
  Many months ago, these two fine Members of the House of 
Representatives, and others, including Senator Mack, Senator Spencer 
Abraham, and Senator Kennedy, became interested in legislation that 
would provide justice and fairness for individuals who, due to duress, 
extreme hardship and political strife in their native countries, had 
been welcomed into our Nation by President Reagan and President Bush. I 
was proud to be part of this effort.
  The agreement reached with our distinguished colleagues covers not 
only Central Americans, but also other groups who have struggled 
against oppression. While I strongly believe that this agreement is 
positive and is in the American tradition of fair play, it is an 
incomplete resolution. It is incomplete because there is another 
relatively small group of persons who have the same characteristics as 
those who are being recognized for whom legislation is being passed 
today as part of the District of Columbia appropriations bill. That 
group is Haitians.
  There are 11,000 Haitians who, because of their credible asylum 
claims, were flown to the United States by our Government during the 
early 1990's. These were men, women and children, Mr. President, who 
had left Haiti because of the oppressive circumstances there.
  Mr. President, this group of approximately 11,000 Haitians, who 
because of credible asylum claims were allowed to enter the United 
States in the early 1990s, were part of a much larger group of over 
40,000 Haitians who had been detained at sea and temporarily were in a 
refuge status at our Guantanamo naval station.
  These were the 11,000 of that larger group who were found, based on 
screenings administered by the Immigration Naturalization Service, to 
have a credible claim of persecution should they be returned to Haiti. 
The balance of those who could not meet that standard were in fact 
repatriated to Haiti.
  There is a second group of similar size and significant overlap in 
terms of the individuals who are part of the asylum backlog. These are 
those who have had pending asylum cases since 1995.
  Mr. President, I am pleased to be joined in introducing this 
legislation today which is entitled the Haitian Refugee Immigration 
Fairness Act of 1997, with my colleague Senator Mack, Senator Kennedy, 
Senator Abraham, and Senator Carol Moseley-Braun.
  Mr. President, fairness demands that we include this group in our 
legislation. First, this is a relatively small group. The two groups 
together, the Guantanamo asylees and those who have a pending asylum 
case combined, represent approximately 15,000 to 16,000 individuals. 
This, in relationship to those who we are providing essentially the 
same status to today, is a relatively small number.
  Second, this group has been extensively screened. As I indicated, the 
Guantanamo asylees represent approximately one out of four of those 
persons who were, at one time, at the Guantanamo Naval Base and who 
were found to have a credible legitimate fear of persecution in Haiti.
  I might say, Mr. President, as one who visited Haiti several times 
during this very tense period in the late 1980s and early 1990s, the 
level of human rights abuses, the savagery, the violence were extreme. 
And these persons who established if they had been returned to Haiti at 
that time, that they would have been significantly at risk, they were 
at risk in a very legitimately violent and hostile environment.
  Deportations of this group, Mr. President, have already begun. Asylum 
officers have begun to send back members of the Haitian community to 
Haiti. And so there is a sense of urgency of dealing with this 
legislation before any additional injustices are committed.
  And finally, the Guantanamo Haitians have established families in the 
United States. Many have had children born here who are United States 
citizens. They have opened businesses. They have built homes. They have 
strengthened our community here in the United States. They contribute 
to the diversity, the racial and social harmony, the positive traits of 
our increasingly multicultural Nation.
  Mr. President, I would hope someday to have the opportunity to invite 
you to join me at Miami Dade Community College, which happens to be the 
largest community college in the Nation based on enrollment. It is 
inspiring to go to that campus, one of their several campuses, and see 
the number of young Haitian men and women who are living the American 
dream of hard work and education and advancing themselves so that they 
can better serve the interests of their families and our Nation.
  This is a quality group of people who have made and will make 
significant contributions to our Nation.
  They are making a contribution in many ways today. As an example, we 
have in Haiti a large number of Americans of Haitian heritage who are 
currently serving as mentors to the newly established police force in 
Haiti. They are helping to make an organization which did not exist a 
few years ago because there was no police force, all police activities 
were done through the military and often done in a very aggressive 
manner.
  We are attempting to build a new institution to provide for security 
in Haiti. A key element of that are the large numbers of Americans of 
Haitian background who are assisting in that important effort within 
their former country.
  That is just one dramatic example of the contributions which this 
community is making to their new home in America.
  Mr. President, I ask my colleagues today to continue the fight for 
justice and fairness. We have taken a significant step in that effort 
tonight with the passage of the District of Columbia appropriations 
bill, which seems to be an odd place for such an important immigration 
bill to be lodged, but it is placed there.
  This legislation will continue that effort by applying a similar 
standard of fair treatment to this important population of Haitians 
within our Nation.
  I send to the desk the legislation and ask for its referral.
  The PRESIDING OFFICER. It will be received and appropriately 
referred.
  Mr. GRAHAM. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1504

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Haitian Refugee Immigration 
     Fairness Act of 1997''.

     SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS.

       (a) Adjustment of Status.--
       (1) In general.--Notwithstanding section 245(c) of the 
     Immigration and Nationality Act, the status of any alien 
     described in subsection (b) shall be adjusted by the Attorney 
     General to that of an alien lawfully admitted for permanent 
     residence, if the alien--
       (A) applies for such adjustment before April 1, 2000; and
       (B) is otherwise eligible to receive an immigrant visa and 
     is otherwise admissible to the United States for permanent 
     residence, except in determining such admissibility the 
     grounds for inadmissibility specified in paragraphs (4), (5), 
     (6)(A), and (7)(A) of section 212(a) of the Immigration and 
     Nationality Act shall not apply.
       (2) Relationship of application to certain orders.--An 
     alien present in the United States who has been ordered 
     excluded, deported, removed, or ordered to depart voluntarily 
     from the United States under any provision of the Immigration 
     and Nationality Act may, notwithstanding such order, apply 
     for adjustment of status under paragraph (1). Such an alien 
     may not be required, as a condition on submitting or granting 
     such application, to file a motion to reopen, reconsider, or 
     vacate such order. If the Attorney General grants the 
     application, the Attorney General shall cancel the order. If 
     the Attorney General renders a final administrative decision 
     to deny the application, the order shall be effective and 
     enforceable to the same extent as if the application had not 
     been made.
       (b) Aliens Eligible for Adjustment of Status.--The benefits 
     provided by subsection (a) shall apply to any alien who is a 
     national of Haiti--
       (1) who filed for asylum before December 31, 1995, or was 
     paroled into the United

[[Page S12308]]

     States prior to December 31, 1995, after having been 
     identified as having a credible fear of persecution or 
     paroled for emergent reasons or reasons deemed strictly in 
     the public interest, and
       (2) has been physically present in the United States for at 
     least 1 year and is physically present in the United States 
     on the date the application for such adjustment is filed, 
     except an alien shall not be considered to have failed to 
     maintain continuous physical presence by reason of an 
     absence, or absences, from the United States for any periods 
     in the aggregate not exceeding 180 days.
       (c) Stay of Removal.--
       (1) In general.--The Attorney General shall provide by 
     regulation for an alien subject to a final order of 
     deportation or removal or exclusion to seek a stay of such 
     order based on the filing of an application under subsection 
     (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision of the Immigration and Nationality Act, the 
     Attorney General shall not order any alien to be removed from 
     the United States, if the alien is in exclusion, deportation, 
     or removal proceedings under any provision of such Act and 
     raises as a defense to such an order the eligibility of the 
     alien to apply for adjustment of status under subsection (a), 
     except where the Attorney General has rendered a final 
     administrative determination to deny the application.
       (3) Work authorization.--The Attorney General may authorize 
     an alien who has applied for adjustment of status under 
     subsection (a) to engage in employment in the United States 
     during the pendency of such application and may provide the 
     alien with an ``employment authorized'' endorsement or other 
     appropriate document signifying authorization of employment, 
     except that if such application is pending for a period 
     exceeding 180 days, and has not been denied, the Attorney 
     General shall authorize such employment.
       (d) Adjustment of Status for Spouses and Children.--
       (1) In general.--Notwithstanding section 245(c) of the 
     Immigration and Nationality Act, the status of an alien shall 
     be adjusted by the Attorney General to that of an alien 
     lawfully admitted for permanent residence, if--
       (A) the alien is a national of Haiti;
       (B) the alien is the spouse, child, or unmarried son or 
     daughter, of an alien whose status is adjusted to that of an 
     alien lawfully admitted for permanent residence under 
     subsection (a), except that in the case of such an unmarried 
     son or daughter, the son or daughter shall be required to 
     establish that they have been physically present in the 
     United States for at least 1 year and is physically present 
     in the United States on the date the application for such 
     adjustment is filed.
       (C) the alien applies for such adjustment and is physically 
     present in the United States on the date the application is 
     filed; and
       (D) the alien is otherwise eligible to receive an 
     immigration visa and is otherwise admissible to the United 
     States for permanent residence, except in determining such 
     admissibility the grounds for exclusion specified in 
     paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of 
     the Immigration and Nationality Act shall not apply.
       (2) Proof of continuous presence.--For purposes of 
     establishing the period of continuous physical presence 
     referred to in paragraph (1)(B), an alien shall not be 
     considered to have failed to maintain continuous physical 
     presence by reason of an absence, or absences, from the 
     United States for any periods in aggregate not exceeding 180 
     days.
       (e) Availability of Administrative Review.--The Attorney 
     General shall provide to applicants for adjustment of status 
     under subsection (a) the same right to, and procedures for, 
     administrative review as are provided to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act; or
       (2) aliens subject to removal proceedings under section 240 
     of such Act.
       (f) Limitation on Judicial Review.--A determination by the 
     Attorney General as to whether the status of any alien should 
     be adjusted under this section is final and shall not be 
     subject to review by any court.
       (g) No Offset in Number of Visas Available.--When an alien 
     is granted the status of having been lawfully admitted for 
     permanent resident pursuant to this section, the Secretary of 
     State shall not be required to reduce the number of immigrant 
     visas authorized to be issued under any provision of the 
     Immigration and Nationality Act.
       (h) Application of Immigration and Nationality Act 
     Provisions.--Except as otherwise specifically provided in 
     this Act, the definitions contained in the Immigration and 
     Nationality Act shall apply in the administration of this 
     section. Nothing contained in this Act shall be held to 
     repeal, amend, alter, modify, effect, or restrict the powers, 
     duties, functions, or authority of the Attorney General in 
     the administration and enforcement of such Act or any other 
     law relating to immigration, nationality, or naturalization. 
     The fact that an alien may be eligible to be granted the 
     status of having been lawfully admitted for permanent 
     residence under this section shall not preclude the alien 
     from seeking such status under any other provision of law for 
     which the alien may be eligible.

  Mr. KENNEDY. Mr. President, it is a privilege to join Senator Graham, 
Senator Mack, Senator Abraham, and Senator Moseley-Braun in introducing 
legislation providing permanent residence to Haitian refugees.
  The Senate has now adopted legislation to enable Nicaraguan and Cuban 
refugees to remain permanently in the United States as immigrants, and 
to enable Salvadorans and Guatemalans to seek similar relief on a case-
by-case basis.
  Haitian refugees deserve no less.
  These families fled violence, torture, murder and other atrocities in 
Haiti. The Bush administration and the Clinton administration found 
that the vast majority of these refugees fled from Haiti because of a 
legitimate fear of persecution.
  These deserving Haitian refugees have resettled in many different 
States. They brought with them an unparalleled love of freedom, and a 
strong commitment to our democracy. They honor the opportunity that 
America offers.
  They were welcomed by churches and neighborhood groups, who have 
helped them rebuild their lives in communities across America. Today, 
they are contributing and valued members of our society.
  Immigration relief for Haitian refugees should have been included in 
the legislation to assist the refugees from Central America.
  President Clinton wrote to Speaker Gingrich to emphasize the 
importance of comparable relief for Haitian refugee families at a time 
when Congress was acting on relief for other refugees. Haitian refugees 
deserve the same immigration opportunities that the Republican 
leadership is proposing for refugees from Central America.
  But the Republican leadership in Congress said no. They even rejected 
our efforts at least to provide immediate relief from deportation for 
Haitian families.
  While the Republicans said no to these refugees, I understand that 
the Clinton administration will be taking steps to assure these Haitian 
families that they will be protected from deportation while Congress 
considers legislation in the coming months to allow the families to 
seek permanent residence here.
  And I commend Senator Moseley-Braun for her extraordinary leadership 
in working with the administration to achieve this important result, as 
well as Representative Carrie Meek for her tireless efforts for Haitian 
refugees.
  The legislation we are introducing will provide the fair relief that 
is greatly needed. It is a matter of simple justice.
  It should be adopted as soon as possible and I regret it was not part 
of the measure enacted today.
  Ms. MOSELEY-BRAUN. Mr. President, I am pleased to join Senators Mack, 
Kennedy, Abraham, and Graham in introducing the Haitian Refugee 
Immigration Fairness Act of 1997. I believe that this legislation will 
help mend a current shortcoming in the law.
  During the early 1990's, our country flew in some 11,000 Haitians who 
fled the oppressive and dangerous conditions in their homeland during 
the overthrow of Haiti's democratically elected government. As you may 
know, this coup was marked by atrocious human rights abuses, including 
systematic use of rape and murder as weapons of terror. The 
International Civilian Mission, which has monitored human rights 
conditions throughout Haiti, documented this tragedy, including horrors 
so awful as to be almost imaginable.
  To allow such human rights violations to occur so close to home, 
while doing nothing would have been inconsistent with the stated goals 
of our foreign policy. So in 1991, the United States took in persons 
fleeing Haiti at Guantanamo Bay, Cuba. After intense screening, many of 
these individuals were paroled into the United States to apply 
affirmatively for asylum. Between October, 1991 and May, 1992, over 
30,000 Haitians were interviewed. Less than one-third of these 
individuals were paroled into the United States to seek asylum.
  For the past 6 years, these individuals have had pending asylum cases 
with the Immigration and Naturalization Service. Now, despite the fact 
that these individuals have become a viable part of our Nation's 
communities, deportation of these Haitians has begun.

[[Page S12309]]

 The individuals that I am talking about today are the children, wives, 
brothers, and sisters of soldiers and activists who stood up for 
democracy in Haiti and suffered a great deal because of the strength of 
their convictions. They fled to this country for refuge. They played by 
our rules. In the time that they've been here, they've built homes, 
paid taxes, and raised families in our country.
  Two Presidential administrations have promised this class of people 
relief, and I believe that we have an obligation to make good on those 
promises. There is no excuse not to give them the relief similar to the 
relief that we have just recently granted to some 250,000 similarly 
situated Central American nationals.
  I believe that in order to be equitable and fair, we must grant 
similar relief to this small group of individuals. This bill grants 
that relief. I urge my colleagues to join me in supporting this 
legislation, and look forward to working with everyone to see that this 
issue is equitably resolved.
                                 ______
                                 
      By Mr. LOTT (for himself, Mr. Daschle, and Mr. Warner):
  S. 1508. A bill to authorize the Architect of the Capitol to 
construct a Capitol Visitor Center under the direction of the United 
States Preservation Commission, and for other purposes; to the 
Committee on Rules and Administration.


 legislation authorizing the construction of a capitol visitors center

  Mr. WARNER. Mr. President, I rise as an original cosponsor of this 
legislation that will authorize the Architect of the Capitol to 
construct a Capitol Visitor Center under the direction of the U.S. 
Capitol Preservation Commission.
  The construction of a Capitol Visitor Center is a matter that has 
been discussed and contemplated for many years. In fact, both the 
current and the preceding Architect of the Capitol have reviewed and 
supported the project. Over the years, I have personally been involved 
in numerous Rules Committee hearings and briefings on the subject.
  In my view, the time has come for Congress to move ahead with this 
project. This legislation is an important step in that direction in 
that it directs the Capitol Preservation Commission to develop a 
detailed financial plan for constructing the project, largely with 
funds donated by the American people.
  The Capitol is the second most visited building in the entire 
Washington, DC area, having nearly 35,000 visitors pass through its 
doors every day. For many visitors there are long lines and waits in 
hot sticky weather, or cold wet weather, as there is no place for 
visitors to gather in preparation for their tour through the Capitol.
  The Capitol Visitor Center will have a tremendous, positive impact on 
the informational and educational experience afforded visitors to the 
Capitol. It will provide information regarding the history and role of 
Congress, along with additional information about the visitor's 
Representative and Senators
  But for me, the most compelling need for the Capitol Visitor Center 
is to add a major element of enhanced security for the entire Capitol 
building and environs. During the recent Capitol security hearings held 
in the Senate Rules Committee, the security benefits that a Capitol 
Visitor Center will provide were outlined clearly by the Capitol Police 
Board. I strongly believe that the security benefits provided by a 
Capitol Visitor are not to be taken lightly.
  I hope all Members will support this important legislation that will 
greatly enhance the experience visitors receive when visiting our 
Nations Capitol.
                                 ______
                                 
      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 1509. A bill to authorize the Bureau of Land Management to use 
vegetation sales contracts in managing land at Fort Stanton and certain 
nearby acquired land along the Rio Bonita in Lincoln County, New 
Mexico, to the Committee on Energy and Natural Resources.


   the fort stanton and rio bonito corridor vegetation management act

  Mr. DOMENICI. Mr. President, I rise to introduce a bill to authorize 
the Bureau of Land Management to generate funds for the management of 
Fort Stanton and the Rio Bonito Corridor in Lincoln County, NM. These 
funds will be raised by authorizing the use of vegetation sales 
contracts, which will allow the use of forage for livestock grazing.
  The Fort Stanton and Rio Bonito Corridor Vegetation Management Act 
will provide livestock producers with opportunities for additional 
grazing in the Fort Stanton area, while providing the Bureau of Land 
Management [BLM] the flexibility to manage the lands in this area 
according to the recently approved Roswell Area Resource Management 
Plan.
  Mr. President, as background, land in the Fort Stanton area has been 
acquired by the BLM through purchase, exchange, and transfer from the 
State of New Mexico. Fort Stanton itself came under the jurisdiction of 
the BLM by transfer from the U.S. General Services Administration in 
1956. Certain tracts along the Rio Bonito in the Fort Stanton area came 
to the BLM by exchange in 1995. These lands are highly valued for their 
unique cultural, historic, and natural resources.
  General, livestock grazing is managed by the BLM according to a 
number of laws, including the Taylor Grazing Act, and the regulations 
that implement those laws. Currently, the Fort Stanton area lands are 
not within an established grazing district, and are not administered 
under the Taylor Grazing Act. To continue maintaining and improving the 
resources of these lands, and to fulfill the management objectives 
established through the Federal Land Policy and Management Act [FLPMA] 
planning process, the BLM needs additional management flexibility. The 
management of vegetation under this additional flexibility will allow 
for improvement of watershed conditions and wildlife habitat, and will 
allow for the development of additional recreational opportunities on 
these public lands, all of which provide benefits for the people and 
economy of Lincoln County, NM.
  The use of livestock grazing in this area has been employed 
successfully by the BLM in the past. Rangeland improvements and 
vegetation treatments will emphasize the needs of wildlife and improve 
watershed management as intended under the current management plan. The 
use of vegetation sales contracts authorized by this legislation will 
allow the BLM to use livestock grazing without establishing grazing 
preferences on these lands.
  Finally, Mr. President, the proceeds from vegetation sales contracts 
will provide additional money for the BLM to use in the management of 
Fort Stanton and the Rio Bonito Corridor. When offered by the BLM, 
these contracts will be sold to the highest bidder, who will then be 
permitted to graze livestock in this area under specific terms and 
conditions. Some will wonder how the Senator from New Mexico, who has 
consistently opposed the policy of competitive bidding for grazing 
permits on public lands, could offer such a proposal. Quite simply, Mr. 
President, the BLM's management plan for this area provides the rancher 
bidding on these contracts with facilities and a number of services at 
Fort Stanton, that it simply cannot provide on the vast majority of the 
270 million acres it is charged with managing. This area will be 
similar to the furnished apartment--where facilities and services are 
provided by the BLM as a part of the contract--which my colleagues have 
heard used as a comparison on the Senate floor in the past. Grazing 
permits offered on other public domain lands remain the unfurnished 
apartment--where the BLM provides no facilities or services to grazing 
permittees.
  At Fort Stanton, the BLM will be responsible for maintaining and 
operating the watering facilities, and will not require the lessee to 
construct improvements and pay for them out of his own pocket. 
Additionally, the BLM already owns all of the livestock handling 
facilities at Fort Stanton, and the lessee will be allowed to use them 
as a part of the contract. Under this legislation, part of the proceeds 
from the sale of these contracts will be available for BLM to provide 
improvements to existing facilities, and a greater level of onsight 
management than is available on other public lands. An additional 
difference is that this public land has not been an integral part of an 
established ranch for the past 60 years, at least not in the same

[[Page S12310]]

manager as public land ranches governed by the Taylor Grazing Act. This 
means that providing opportunities for competitive bidding in this area 
will not remove the heart of an existing family ranch that has been in 
operation for several generations.
  Mr. President, I am hopeful that the Senate will be able to move this 
legislation through Congress rapidly next year, and I ask unanimous 
consent that the full text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1509

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fort Stanton and Rio Bonito 
     Corridor Vegetation Management Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the lands under the jurisdiction of the Secretary 
     surrounding Fort Stanton, New Mexico, contain historic and 
     natural resources that warrant special management 
     considerations by the Bureau of Land Management;
       (2) the adjudication process for establishing grazing 
     preferences under the Act of June 28, 1934 (commonly known as 
     the ``Taylor Grazing Act'') (43 U.S.C. 315 et seq.) and other 
     applicable laws has not been conducted on lands acquired by 
     the Secretary at and near Fort Stanton, New Mexico, including 
     lands along the Rio Bonito in Lincoln County, New Mexico;
       (3) in the management of renewable forage resources on 
     lands surrounding Fort Stanton, New Mexico, vegetation sales 
     contracts would be a beneficial tool for the Bureau of Land 
     Management to use to maintain and enhance the condition of 
     the forage and other natural resources of the area;
       (4) the management of grazing animals under vegetation 
     sales contracts requires fiscal resources and personnel that 
     exceed that of the grazing preference system in place on 
     other public domain lands; and
       (5) disputes over the legal description of lands acquired 
     by the Secretary along the Rio Bonito in Lincoln County, New 
     Mexico, make it necessary for the Bureau of Land Management 
     to pursue reasonable legal remedies under existing 
     authorities to resolve such disputes with adjacent 
     landowners.

     SEC. 3. DEFINITIONS.

       (1) Fort Stanton.--The term ``Fort Stanton'' means land 
     under the administrative jurisdiction of the Secretary at 
     Fort Stanton, New Mexico, as depicted on the map entitled 
     ``Fort Stanton and Rio Bonito Corridor, NM'', dated May 13, 
     1997.
       (2) Rio bonito corridor.--The term ``Rio Bonito Corridor'' 
     means land under the administrative jurisdiction of the 
     Secretary near Fort Stanton, New Mexico, within the area 
     identified as the ``Rio Bonito Corridor'', as depicted on the 
     map entitled ``Fort Stanton and Rio Bonito Corridor, NM'', 
     dated May 13, 1997, which--
       (A) was acquired by the Secretary before May 13, 1997; or
       (B) is acquired by the Secretary (by purchase or exchange) 
     from willing landowners after May 13, 1997.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the Bureau of 
     Land Management.

     SEC. 4. MAPS.

       The maps referred to in section 3 shall be made available 
     for public inspection by the Bureau of Land Management at the 
     Roswell District Office in Roswell, New Mexico, and at the 
     New Mexico State Office in Santa Fe, New Mexico.

     SEC. 5. MANAGEMENT OF FORT STANTON AND RIO BONITO LAND.

       (a) In General.--Notwithstanding any provision of the Act 
     of June 28, 1934 (43 U.S.C. 315 et seq.), or any other law 
     relating to the establishment, leasing, or permitting of 
     grazing under a grazing preference, the Secretary, in 
     managing land within Fort Stanton and the Rio Benito Corridor 
     that is under the jurisdiction of the Secretary, may solicit 
     competitive bids for and enter into vegetation sales 
     contracts for the purpose of using livestock grazing as a 
     vegetation management tool. Any such contracts entered into 
     with respect to the land before the date of enactment of this 
     Act are ratified.
       (b) Consistency With Land and Resource Management Plans.--
     Management of Fort Stanton and the Rio Benito Corridor shall 
     be consistent with any applicable land and resource 
     management plan under the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1701 et seq.).
       (c) Distribution and Use of Proceeds.--Of the proceeds of 
     vegetation sales contracts entered into under subsection 
     (a)--
       (1) 12\1/2\ percent shall be paid to the State of New 
     Mexico for distribution to Lincoln County, New Mexico, to be 
     used for purposes authorized by section 10 of the Act of June 
     28, 1934 (43 U.S.C. 315i);
       (2) 12\1/2\ percent shall be deposited in the general fund 
     of the Treasury of the United States; and
       (3) 75 percent shall be deposited in a special account in 
     the Treasury of the United States and shall be available to 
     the Secretary, without further Act of appropriation, for use 
     in managing Fort Stanton and the Rio Benito Corridor and to 
     achieve the management goals and prescriptions identified in 
     applicable resource management plans for the Rio Benito 
     acquired lands and the Fort Stanton area of critical 
     environmental concern, but none of the proceeds provided to 
     the Secretary under this paragraph shall be available for 
     land acquisition.
                                 ______
                                 

            By Mr. DOMENICI (for himself and Mr. Bingaman):

  S. 1510. A bill to direct the Secretary of the Interior and the 
Secretary of Agriculture to convey certain lands to the county of Rio 
Arriba, New Mexico; to the Committee on Energy and Natural Resources.


         the rio arriba, new mexico land conveyance act of 1997

  Mr. DOMENICI. Mr. President, today, I am introducing legislation that 
I believe will provide long-term benefits for the people of Rio Arriba 
County, New Mexico. This legislation will direct the Secretaries of the 
Interior and Agriculture to convey real property and improvements at an 
abandoned and surplus administrative site for the Carson National 
Forest to Rio Arriba County. The site is known as the old Coyote Ranger 
District Station, near the small town of Coyote, New Mexico.
  This legislation is patterned after a similar transfer that the 103rd 
Congress directed the Secretary of Agriculture to complete on the old 
Taos Ranger District Station in 1993. As with the Taos station, the 
Coyote Station will continue to be used for public purposes, including 
a community center, and a fire substation. Some of the buildings will 
also be available for the County to use for storage and repair of road 
maintenance equipment, and other County vehicles.
  Mr. President, the Forest Service has determined that this site is of 
no further use to them, since they have recently completed construction 
of a new administrative facility for the Coyote Ranger District. In an 
October 22 letter from the Regional Forester of the Southwest Region, I 
was informed that on August 7, the Forest Service reported to the 
General Services Administration that the improvements on the site were 
considered surplus, and would be available for disposal under their 
administrative procedures. At this particular site, however, the land 
on which the facilities have been built is withdrawn public domain 
land, under the jurisdiction of the Bureau of Land Management.
  Because of the complicating factor of the land and the facilities 
being under the jurisdiction of two separate Departments of the Federal 
government, I believe that this directed conveyance to Rio Arriba 
County will provide for a more efficient and expedited transfer. Under 
administrative processes, not only will the Departments of the Interior 
and Agriculture have to go through their respective procedures, but 
there will likely be some involvement of the General Services 
Administration. This legislation simply directs the Secretaries of the 
Interior and Agriculture to negotiate the terms and conditions of the 
conveyance directly with officials from Rio Arriba County.
  Mr. President, since neither the Bureau of Land Management nor the 
Forest Service have any interest in maintaining Federal ownership of 
this land and the surplus facilities, I believe that this should be a 
relatively straight-forward issue for Congress to address. I hope that 
we will be able to act on this legislation quickly next spring.
  In closing, Mr. President, I want to thank the Senate for its 
consideration, and ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1510

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

     SECTION 1. OLD COYOTE ADMINISTRATIVE SITE.

       (a) Conveyance of Property.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary of the 
     Interior and the Secretary of Agriculture shall convey by 
     quit-claim deed to the county of Rio Arriba, New Mexico, 
     subject to the terms and conditions stated in subsection (b), 
     all right, title, and interest of the United States in and to 
     the land (including all improvements on the land) known as 
     the ``Old Coyote Administrative Site'' located approximately 
     \1/2\ mile east

[[Page S12311]]

     of the Village of Coyote, New Mexico on State Road 96, 
     comprising 1 tract of 130.27 acres and 1 tract of 276.76 
     acres.
       (b) Terms and Conditions.--
       (1) Consideration.--The conveyance described in subsection 
     (a) shall be in consideration of an amount that is agreeable 
     to the Secretary of the Interior, the Secretary of 
     Agriculture, and the county of Rio Arriba, New Mexico, 
     payable in full within the 6-month period referred to in 
     subsection (a), or, at the option of the county, in 20 annual 
     payments due on January 1 of the first year beginning after 
     the date of enactment of this Act and annually thereafter 
     until the total amount due has been paid. The county shall 
     not be charged interest on amounts owed the United States for 
     the conveyance.
       (2) Release.--On conveyance of the property under 
     subsection (a), the county shall release the United States 
     from any liability for claims relating to the property.
       (3) Reversion.--The conveyance under subsection (a) shall 
     be a conveyance fee simple title to the property, subject to 
     reversion to the United States if the property is used for 
     other than public purposes or if the consideration 
     requirements under paragraph (1) are not met.
                                 ______
                                 
      By Mr. LAUTENBERG (for himself, Mr. D'Amato, Mr. Moynihan, and 
        Mr. Torricelli):
  S. 1512. A bill to amend section 659 of title 18, United States Code; 
to the Committee on the Judiciary.
  Mr. LAUTENBERG. Mr. President, I rise to introduce legislation with 
Senators D'Amato, Moynihan, and Torricelli that addresses the growing 
problem of cargo theft. This crime, which covers the interstate theft 
of cargo from ports, airports, rails, and roads, causes losses as high 
as $10 billion a year in the United States. The ``Cargo Theft 
Deterrence Act of 1997'' increases the incentive for prosecutors to 
pursue this crime and for defendants to cooperate with law enforcement. 
Furthermore, this legislation clarifies what is covered by existing 
law.
  Cargo theft continues unabated as criminals discover that the risks 
of getting caught and prosecuted are far lower than for comparably 
lucrative crimes. This tends to be an under-reported crime that has 
received a relatively small amount of attention by Congress. I believe 
this must change. Mr. President, let me cite a few statistics that 
should demonstrate to my colleagues the seriousness of this crime and 
why we should act. In 1994, the dollar value in goods stolen from a 
single tractor-trailer rig in New Jersey was higher than all of the 
bank robberies combined in my state for that year.
  While certain regions of the United States, such as New Jersey/New 
York, Southern California, and South Florida, sustain higher cargo 
theft losses than others, consumers nationwide are affected. For 
example, one industry group estimated that computers cost an average of 
$150 more because of cargo theft, and that approximately $3.5 billion 
of computers, chips, and software are stolen annually. The risk 
management director for one computer company said that ``it's a rare 
company that hasn't ever lost a truck.'' Most people do not realize 
that the value of computer chips per pound is higher than gold. And, 
unfortunately, the resale value of stolen items is much higher than 
what one might believe. Many of these goods end up overseas while 
others are sold in the same city.
  Mr. President, virtually no product is safe from this crime. While 
theft of computers and computer products, fragrances, and designer 
clothes are not uncommon, items ranging from frozen seafood, pineapple 
pulp, cough drops, refried beans, and insulation have been reported 
stolen.
  The industry maxim of ``cargo at rest is cargo at risk'' is no longer 
a truism--all cargo is a risk--and contrary to the belief that this is 
a victimless crime, an alarming number of tractor trailers have been 
hijacked. This occurred just several weeks ago in New Jersey, when a 
truck was hijacked right after leaving a port. Fortunately the driver 
was unharmed though one million dollars' worth of clothes were stolen. 
Tighter measures taken by port authorities and manufacturers at their 
plants have caused such hijackings to increase.
  Mr. President, the need for this legislation is not a criticism of 
our law enforcement. The Port Authority of New York & New Jersey, for 
example, has made significant strides at curbing this crime in the New 
Jersey/New York region. Unfortunately, existing law does not provide an 
adequate deterrent because the penalties are not sufficiently severe 
nor is there an incentive for defendants to cooperate with prosecutors.
  Let me explain, Mr. President, what my legislation will do. It will 
bring efforts to fight this crime into the next century. Enacted in its 
earliest form in 1913, the statute that my bill modifies covers such 
older modes of transportation and distribution of cargo as wagons, 
depots, and steamboats. My bill recognizes the advances we have made in 
intermodal connections and transportation by adding such terms as 
``trailer,'' ``air cargo container,'' and ``freight consolidation 
facility.'' The days of cargo theft from wagons are gone. Furthermore, 
the Cargo Theft Deterrence Act broadens the statute's coverage to 
clarify that cargo is moving as an interstate or foreign shipment at 
all points between the point of origin and the final destination. 
Merely because a container is temporarily at rest awaiting transport to 
its final destination should not prevent law enforcement from 
prosecuting a defendant under this statute. Existing law currently 
covers cargo moving as a part of interstate or foreign commerce.
  My legislation increases the penalties for convictions under this 
statute. Current law provides that those convicted of this provision 
shall be fined or imprisoned not more than one year, or both. My bill 
increases this maximum prison term to three. This statute, as currently 
written, requires the government to prove that not only did a defendant 
embezzle, steal, or unlawfully take the cargo, it must show that he did 
so with the intent to convert to his own use. This seems duplicative at 
best and is an unnecessary hurdle for the prosecutor to demonstrate. 
The Cargo Theft Deterrence Act eliminates the term, ``with intent to 
convert to his own use'' from this statute. Since we have removed this 
intent language, we have created the affirmative defense that the 
defendant bought, received, or possessed the cargo with the sole intent 
of reporting the matter to either law enforcement or the owner of the 
cargo.
  The Sentencing Commission is directed to provide a sentencing 
enhancement of two levels for this crime similar to enhancements made 
for offenses involving organized schemes to steal vehicles or if the 
offense involved more than minimal planning. This Act also requires the 
Attorney General to report annually to Congress on the progress made by 
law enforcement investigating and prosecuting this crime. Additionally, 
upon motion by the Attorney General, a court may reduce the penalties 
if a defendant cooperates with law enforcement. Use of informants is 
essential in reducing this crime and this provision creates an 
appropriate incentive.

  Finally, Mr. President, my legislation creates a Cargo Theft Advisory 
Committee that will study and make recommendations about the 
establishment of a national data base of information about this crime. 
A constant complaint by industry and law enforcement is that there is a 
lack of good data about cargo theft. Industry tends to under-report it 
and law enforcement frequently classifies it in such categories as 
theft, robbery, hijacking, and burglary. This Committee, which shall 
exist for one year and report its findings and recommendations to 
Congress and the President, will also review the desirability of 
creating a centralized office within the federal government to oversee 
efforts designed to curb cargo theft and to increase coordination with 
the private sector, and state and local law enforcement.
  Mr. President, I thought an advisory committee was the most prudent 
course because legitimate questions have been raised about whether this 
data base should be maintained by the public or private sector, who 
should be able to access it, and what information should be collected, 
yet remain confidential. Moreover, there are several logical agencies 
that could house an office on cargo security so I thought it is 
appropriate to have cargo security experts in both the public and 
private sector make this recommendation.
  Mr. President, I look forward to the Judiciary Committee's 
consideration of this legislation and urge my colleagues to support 
this first step in addressing this crime that affects all Americans. I 
ask unanimous consent that the text of the bill be printed in the 
Record.

[[Page S12312]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1512

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Cargo Theft Deterrence Act 
     of 1997''.

     SEC. 2. INTERSTATE OR FOREIGN SHIPMENTS BY CARRIER.

       (a) In General.--Section 659 of title 18, United States 
     Code, is amended--
       (1) by striking ``with intent to convert to his own use'' 
     each place that term appears;
       (2) in the first undesignated paragraph--
       (A) by inserting ``trailer,'' after ``motortruck,'';
       (B) by inserting ``air cargo container,'' after 
     ``aircraft,''; and
       (C) by inserting ``, or from any intermodal container, 
     trailer, container freight station, warehouse, or freight 
     consolidation facility,'' after ``air navigation facility'';
       (3) in the fifth undesignated paragraph--
       (A) by striking ``one year'' and inserting ``3 years''; and
       (B) by adding at the end the following: ``Notwithstanding 
     the preceding sentence, the court may, upon motion of the 
     Attorney General, reduce any penalty imposed under this 
     paragraph with respect to any defendant who provides 
     information leading to the arrest and conviction of any 
     dealer or wholesaler of stolen goods or chattels moving as or 
     which are a part of or which constitute an interstate or 
     foreign shipment.'';
       (4) in the penultimate undesignated paragraph, by inserting 
     after the first sentence the following: ``For purposes of 
     this section, goods and chattel shall be construed to be 
     moving as an interstate or foreign shipment at all points 
     between the point of origin and the final destination (as 
     evidence by the waybill or other shipping document of the 
     shipment), regardless of any temporary stop while awaiting 
     transshipment or otherwise.''; and
       (5) by adding at the end the following:
       ``It shall be an affirmative defense (on which the 
     defendant bears the burden of persuasion by a preponderance 
     of the evidence) to an offense under this section that the 
     defendant bought, received, or possessed the goods, chattels, 
     money, or baggage at issue with the sole intent to report the 
     matter to an appropriate law enforcement officer or to the 
     owner of the goods, chattels, money, or baggage.''.
       (b) Federal Sentencing Guidelines.--Pursuant to section 994 
     of title 28, United States Code, the United States Sentencing 
     Commission shall amend the Federal sentencing guidelines to 
     provide a sentencing enhancement of not less than 2 levels 
     for any offense under section 659 of title 18, United States 
     Code, as amended by this section.
       (c) Report to Congress.--The Attorney General shall 
     annually submit to Congress a report, which shall include an 
     evaluation of law enforcement activities relating to the 
     investigation and prosecution of offenses under section 659 
     of title 18, United States Code, as amended by this section.

     SEC. 3. ADVISORY COMMITTEE ON CARGO THEFT.

       (a) Establishment.--
       (1) In general.--There is established a Committee to be 
     known as the Advisory Committee on Cargo Theft (in this 
     section referred to as the ``Committee'').
       (2) Membership.--
       (A) Composition.--The Committee shall be composed of 6 
     members, who shall be appointed by the President, of whom--
       (i) 1 shall be an officer or employee of the Department of 
     Justice;
       (ii) 1 shall be an officer or employee of the Department of 
     Transportation;
       (iii) 1 shall be an officer or employee of the Department 
     of the Treasury; and
       (iv) 3 shall be individuals from the private sector who are 
     experts in cargo security.
       (B) Date.--The appointments of the initial members of the 
     Committee shall be made not later than 3 days after the date 
     of enactment of this Act.
       (3) Period of appointment; vacancies.--Each member of the 
     Committee shall be appointed for the life of the Committee. 
     Any vacancy in the Committee shall not affect its powers, but 
     shall be filled in the same manner as the original 
     appointment.
       (4) Initial meeting.--Not later than 15 days after the date 
     on which all initial members of the Committee have been 
     appointed, the Committee shall hold its first meeting.
       (5) Meetings.--The Committee shall meet, not less 
     frequently than quarterly, at the call of the Chairperson.
       (6) Quorum.--A majority of the members of the Committee 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (7) Chairperson.--The President shall select 1 member of 
     the Committee to serve as the Chairperson of the Committee.
       (b) Duties.--
       (1) Study.--The Committee shall conduct a thorough study 
     of, and develop recommendations with respect to, all matters 
     relating to--
       (A) the establishment of a national computer database for 
     the collection and dissemination of information relating to 
     violations of section 659 of title 18, United States Code 
     (as added by this Act); and
       (B) the establishment of an office within the Federal 
     Government to promote cargo security and to increase 
     coordination between the Federal Government and the private 
     sector with respect to cargo security.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Committee shall submit to the 
     President and to Congress a report, which shall contain a 
     detailed statement of results of the study and the 
     recommendations of the Committee under paragraph (1).
       (c) Powers.--
       (1) Hearings.--The Committee may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Committee considers advisable to 
     carry out the purposes of this section.
       (2) Information from federal agencies.--The Committee may 
     secure directly from any Federal department or agency such 
     information as the Committee considers necessary to carry out 
     the provisions of this section. Upon request of the 
     Chairperson of the Committee, the head of such department or 
     agency shall furnish such information to the Committee.
       (3) Postal services.--The Committee may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (4) Gifts.--The Committee may accept, use, and dispose of 
     gifts or donations of services or property.
       (d) Personnel Matters.--
       (1) Compensation of members.--
       (A) Non-federal members.--Each member of the Committee who 
     is not an officer or employee of the Federal Government shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Committee.
       (B) Federal members.--Each member of the Committee who is 
     an officer or employee of the United States shall serve 
     without compensation in addition to that received for their 
     service as an officer or employee of the United States.
       (2) Travel expenses.--The members of the Committee shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Committee.
       (3) Staff.--
       (A) In general.--The Chairperson of the Committee may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional personnel as may be necessary to enable the 
     Committee to perform its duties. The employment of an 
     executive director shall be subject to confirmation by the 
     Committee.
       (B) Compensation.--The Chairperson of the Committee may fix 
     the compensation of the executive director and other 
     personnel without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates, except that the rate of pay for the executive 
     director and other personnel may not exceed the rate payable 
     for level V of the Executive Schedule under section 5316 of 
     such title.
       (4) Detail of government employees.--Any Federal Government 
     employee may be detailed to the Committee without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (5) Procurement of temporary and intermittent services.--
     The Chairperson of the Committee may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (e) Termination.--The Committee shall terminate 90 days 
     after the date on which the Committee submits the report 
     under subsection (b)(2).
       (f) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     such sums as may be necessary to the Committee to carry out 
     the purposes of this section.
       (2) Availability.--Any sums appropriated under the 
     authorization contained in this section shall remain 
     available, without fiscal year limitation, until expended.

                          ____________________