[Congressional Record Volume 145, Number 32 (Tuesday, March 2, 1999)]
[Senate]
[Pages S2130-S2136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Peace Corps Act Amendments
Mr. DODD. Mr. President, I rise today to speak about the Peace Corps
and to join with my colleague Senator Paul Coverdell to introduce
legislation to make technical modifications to the Peace Corps Act.
The changes made by this legislation are purely technical and largely
designed to remove certain outmoded restrictions on Peace Corps
activities. I would ask unanimous consent to have printed in the Record
a section-by-section analysis of this bill at the conclusion of my
remarks.
Now let me turn to the general subject of the Peace Corps as today is
the thirty eighth anniversary of its establishment. Thirty eight years
ago, a young President recognized the power that American ingenuity,
idealism and, most of all, volunteerism could have on the lives of
people around the world. In order to harness that energy, President
Kennedy formed a small army, not of soldiers to make war, but of
volunteers to build peace through mutual understanding.
Since its inception in 1961, more than 151,000 Peace Corps volunteers
have battled against the scourges of malnutrition, illiteracy and
economic underdevelopment in 132 countries around the world. I can
speak with some personal experience about the Peace Corps as I have had
the privilege to serve as a volunteer. In fact, slightly more than
thirty years ago, I arrived back in the United States after spending
two years as a Peace Corps Volunteer in a rural village in the
Dominican Republic. Like many who heeded President Kennedy's call to do
something larger than ourselves, to be a part of something greater than
our own existence, my service in the Peace Corps remains one of the
most important periods in my life.
When I served in the Peace Corps, nearly all of us volunteers had
similar experiences. We worked in small isolated villages with little
in the way of modern conveniences. The world since that time has
changed and the Peace Corps has been evolving to meet new demands.
Today's volunteers specialize in education, the environment, small
business, agriculture and other fields. In 1996, the Peace Corps
developed a ``Crisis Corps'' to provide short term emergency and
humanitarian assistance in situations ranging from natural disasters to
refugee crises. While many volunteers continue to live in remote
villages, this is no longer an iron clad rule. Some now labor in urban
areas, passing on the skills needed to start and run businesses.
The more than 6,500 volunteers who today serve in 87 nations are a
more diverse group than the one I joined three decades ago. When I
served, the Corps was mostly male and mostly young. Today, however,
nearly sixty percent of all volunteers are women, a quarter are over
29, and six percent are over fifty. While the face and methods of the
Peace Corps have changed over the years, its goal has remained
constant: to help people of other countries meet their needs for
trained personnel; to help promote understanding of the American people
by those we serve; and to help promote better understanding among the
American people about the world beyond our borders.
By building bridges between the United States and other countries,
the Peace Corps advances our foreign policy by communicating America's
values and ideas to other peoples around the globe.
It is an indication of the success of the Peace Corps that, while the
current class of volunteers is providing new services and working in
countries never served before, the demand continues to outpace supply.
We need only look at a newspaper, Mr. President, to see where Peace
Corps volunteers are needed. In the Caribbean countries ravaged by
Hurricane Georges and Mitch, in formerly war-torn areas of Africa and
in countries where the skills needed to start a business have been
nearly erased by decades of communist rule. In order to meet these
needs, Congress and President Clinton have set the admirable goal of
reaching 10,000 Peace Corps volunteers by 2000.
The Peace Corps, Mr. President, stands as an example of what is great
about the United States. Our volunteerism, humanity and sense of
justice are proudly displayed in the face of each volunteer we send
overseas. And
[[Page S2131]]
every time I meet volunteers about to embark on their two years of
service, I share their sense of excitement. If each of us, in our daily
lives, work in the same spirit as those volunteers--helping those
around us and sharing the values of our nation--the United States will
indeed have a proud and bright future.
Mr. President, I ask unanimous consent that a summary and the text of
the bill be printed in the Record.
There being no objection, the material was orderd printed in the
Record, as follows:
S. 509
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS
2000 THROUGH 2003 TO CARRY OUT THE PEACE CORPS
ACT.
Section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) is
amended to read as follows:
``(b)(1) There are authorized to be appropriated to carry
out the purposes of this Act $270,000,000 for fiscal year
2000, $298,000,000 for fiscal year 2001, $327,000,000 for
fiscal year 2002, and $365,000,000 for fiscal year 2003.
``(2) Amounts authorized to be appropriated under paragraph
(1) for a fiscal year are authorized to remain available for
that fiscal year and the subsequent fiscal year.''.
SEC. 2. MISCELLANEOUS AMENDMENTS TO THE PEACE CORPS ACT.
(a) International Travel.--Section 15(d) of such Act (22
U.S.C. 2514(d)) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(13) the transportation of Peace Corps employees, Peace
Corps volunteers, dependents of such employees and
volunteers, and accompanying baggage, by a foreign air
carrier when the transportation is between two places outside
the United States without regard to section 40118 of title
49, United States Code.''.
(b) Technical Amendments.--(1) Section 5(f)(1)(B) of such
Act (22 U.S.C. 2504(f)(1)(B)) is amended by striking ``Civil
Service Commission'' and inserting ``Office of Personnel
Management''.
(2) Section 5(h) of such Act (22 U.S.C. 2504(h)) is amended
by striking ``the Federal Voting Assistance Act of 1955 (5
U.S.C. 2171 et seq.)'' and all that follows through ``(31
U.S.C. 492a),'' and inserting ``section 3342 of title 31,
United States Code, section 5732 and''.
(3) Section 5(j) of such Act (22 U.S.C. 2504(j)) is amended
by striking ``section 1757 of the Revised Statutes of the
United States'' and all that follows and inserting ``section
3331 of title 5, United States Code.''.
(4) Section 10(a)(4) of such Act (22 U.S.C. 2509(a)(4)) is
amended by striking ``31 U.S.C. 665(b)'' and inserting
``section 1342 of title 31, United States Code''.
(5) Section 15(c) of such Act (22 U.S.C. 2514(c)) is
amended by striking ``Public Law 84-918 (7 U.S.C. 1881 et
seq.)'' and inserting ``subchapter VI of chapter 33 of title
5, United States Code''.
(6) Section 15(d)(2) of such Act (22 U.S.C. 2514(d)(2)) is
amended by striking ``section 9 of Public Law 60-328 (31
U.S.C. 673)'' and inserting ``section 1346 of title 31,
United States Code''.
(7) Section 15(d)(6) of such Act (22 U.S.C. 2514(d)(6)) is
amended by striking ``without regard to section 3561 of the
Revised Statutes (31 U.S.C. 543)''.
(8) Section 15(d)(11) of such Act (22 U.S.C. 2514(d)(11)),
as amended by this section, is further amended by striking
``Foreign Service Act of 1946, as amended (22 U.S.C. 801 et
seq.)'' and inserting ``Foreign Service Act of 1980 (22
U.S.C. 3901 et seq.)''.
____
Section-by-Section Analysis
sec. 1. authorization of appropriations for fiscal years 2000 through
2003 to carry out the peace corps act
This section amends the Peace Corps Act to provide the
following authorizations of appropriations: Fiscal Year
2000--$270 million, Fiscal Year 2001--$298 million, Fiscal
Year 2002--$327 million, Fiscal Year 2003--$365 million. The
Committee understands that these amounts are consistent with
Office of Management & Budget and Peace Corps estimates of
amounts required to meet the 10,000 volunteer target by the
end of Fiscal Year 2003. The Committee also understands that
these amounts are already part of the Administration's
outyear projections for Fiscal Years 2001-2003.
sec. 2. miscellaneous amendments to the peace corps act
Section 2(a) adds a new paragraph (13) to subsection
15(d).1
[Footnote] The new paragraph would exempt the Peace Corps
from 49 U.S.C. 40118 with respect to flights between two
points abroad to the same extent other foreign service
agencies are exempt from that section.
[Footnote] 122 U.S.C. subsection 2214(d).
Under 49 U.S.C. subsection 40118(d), the Department of
State and the Agency for International Development (AID) are
exempt from the requirements of 49 U.S.C. 40118 for travel
between two places outside the United States by employees and
their dependents. Determining which carriers overseas are
U.S. certified or have agreements with the U.S. that qualify
them under section 40118 is a complex undertaking. Posts and
individuals must make decisions in this area at the risk of
having their travel costs disallowed. The Committee believes
that administrative provisions affecting foreign service
agencies should be as consistent as possible. For instance, a
Peace Corps employee who is flying with an AID employee to
attend a meeting should be able to fly on the same plane
without fear of being penalized under section 40118. This
provision would extend to Peace Corps employees and
Volunteers the same treatment now available to other foreign
service agency employees.
Section 2(b) makes technical changes to sections 5, 10 and
15 of the Peace Corps Act (hereinafter the Act) to reflect
changes in statutory citations that have occurred since
enactment of the Act.
Section 2(b)(1) strikes out `Civil Service Commission' in
section 5(f)(1)(B) and inserts in lieu thereof `Office of
Personnel Management.' The Civil Service Commission was
replaced by the Office of Personnel Management in 1966.
Section 2(b)(2) amends section 5(h) of the Act (22 U.S.C.
2504(h)) in several respects. It strikes out references to
the Federal Voting Assistance Act of 1955 (5 U.S.C. 2171 et
seq.), the Act of June 4, 1954, chapter 264, section 4 (5
U.S.C. 73b-5, the Act of December 23, 1944, chapter 716,
section 1, as amended (31 U.S.C. 492a) and inserts references
to 5 U.S.C. 5732 and 31 U.S.C. 3342. The Federal Voting
Assistance Act has been repealed and replaced by a provision
(42 U.S.C. 1973cc et seq.) which is available to all American
citizens overseas. It is unnecessary, therefore, to consider
Volunteers federal employees to provide them with the
benefits of the Act; therefore, the reference to voter
assistance in this provision can be deleted. The replacement
of references to sections of titles 5 and 31 with references
to 5 U.S.C. 5732 and 31 U.S.C. 3342 reflect recodification of
provisions relating to reimbursement for the cost of
transportation of baggage and effects, and check cashing
privileges in those titles. No substantive change is
involved.
Section 2(b)(3) replaces the reference to `section 1757 of
the Revised Statutes of the United States, as amended (5
U.S.C. 16)' with `section 3331 of title 5, United States
Code,' reflecting the codification of the statutory oath for
employees in 1966.
Section 2(b)(4) replaces the reference to 31 U.S.C. 665(b)
with `31 U.S.C. 1342,' reflecting the 1982 revision of title
31.
Section 2(b)(5) amends section 15(c)2
[Footnote] by striking out `Public Law 84-918 (7 U.S.C.
1881 et seq.)' and inserting in lieu thereof subchapter VI of
chapter 33, title 5, United States Code (5 U.S.C. 3371 et
seq.).' Section 15(c) of the Peace Corps Act authorizes
training for employees at private and public agencies. The
statutory provisions relating to employee training were
transferred from title 7 to title 5 in 1970.
[Footnote] 222 U.S.C. subsection 2514(c).
Section 2(b)(6) amends paragraph 15(d)(2)3
[Footnote] by striking out `section 9 of Public Law 60-328
(31 U.S.C. 673)' and inserts in lieu thereof 31 U.S.C. 1346.'
This section of the Peace Corps Act authorizes the payment of
expenses to attend meetings related to the Peace Corps Act.
No substantive change is intended. It is another change
required by the 1982 revision of title 31.
[Footnote] 322 U.S.C. subsection 2514(d)(2).
Section 2(b)(7) strikes out `without regard to section 3561
of the Revised Statutes (31 U.S.C. 543)'. This statute, which
contained a restriction on currency exchanges, has been
repealed and apparently was not replaced.
Section 2(b)(8) strikes out `Foreign Service Act of 1946,
as amended (22 U.S.C. 801 et seq.)' and inserts in lieu
thereof: `Foreign Service Act of 1980, as amended (22 U.S.C.
3901 et seq.)'. The Foreign Service Act was rewritten and
renamed in 1980.
Mr. COVERDELL. Mr. President, I am pleased to join my colleague from
Connecticut, Senator Dodd, and my colleagues in the House, in
introducing a reauthorization of the Peace Corps Act. This legislation
authorizes a 12 percent increase for the fiscal year Peace Corps budget
and is part of a multi-year plan to enable the Peace Corps to reach its
goal of 10,000 volunteers. Reaching this level has been a long standing
goal--set into law in 1985--and I am pleased that this legislation
would accomplish this as the Peace Corps readies to enter the 21st
century.
As former Director of the Peace Corps, I have learned first-hand of
the tremendous impact that the relatively small amount we spend on the
Peace Corps has throughout the world. Not only does the Peace Corps
continue to be a cost effective tool for providing assistance and
developing stronger ties with the international community, it has also
trained over 150,000 Americans in the cultures and languages of
countries around the world. Returned volunteers often use these skills
and experiences to contribute to myriad sectors of our society--
government, business, education, health, and social services, just to
name a few. What a rich resource the Peace Corps is for the United
States as the world grows closer.
[[Page S2132]]
Peace Corps volunteers continue to provide unique leadership around
the world by representing the finest characteristics of the American
people: a strong work ethic, generosity of spirit, and a commitment to
service. The interpersonal nature of the Peace Corps has allowed
volunteers to establish a collective record of public service that is
well respected and recognized in all corners of the world.
Several Members of Congress, including Senator Dodd, have contributed
to this legacy of service and volunteerism. I believe they have
experienced the value of the Peace Corps and its commitment to serving
others, and I am certain that my colleague from Connecticut would
consider this Peace Corps experience invaluable to his work today. As I
have said before and I think it deserves repeating, virtually every
ambassador and official representative I have met from countries with
volunteers is an enthusiastic supporter of the Peace Corps. They all
have viewed the Peace Corps as the most successful program of its kind.
Mr. President, I believe that the time is right to expand the number
of Peace Corps volunteers. As the needs of people in developing
countries continue to grow, so too does the number of enthusiastic
Americans desiring to serve. Over the last 4 years, the number of
Americans requesting information about joining the Peace Corps
increased by almost 40 percent. Yet, during the same period, the Peace
Corps has only been able to support a 2 percent-increase in volunteers.
In addition, the Peace Corps has taken steps to streamline agency
operations to channel more resources in support of additional
volunteers. Headquarter staffing has been reduced 13 percent since
1993. Five of 16 domestic recruiting offices and 13 country programs
have been closed since fiscal year 1996. Financial savings in basic
business operations have been achieved by realigning the headquarters
organization and improving overseas financial operations. The sum of
all the financial savings have contributed to a 14 percent-reduction in
the average cost per volunteer (in constant dollars) since 1993.
Today, nearly 6,700 volunteers serve in 80 countries around the
world, working with local communities to build a better future. This
increase in Volunteers will help the Peace Corps expand in areas such
as the Caucasus, Central Asia, and Africa as well as in Jordan, China,
Bangladesh, and Mozambique. Increased funding will also help expand the
work of the ``Crisis Corps,'' a group of experienced Peace Corps
volunteers who have the necessary background to make valuable
contributions in emergency situations. Crisis Corp volunteers, by the
way, are serving today in Central America, assisting the region in its
recovery from the terrible devastation of Hurricane Mitch.
Finally, this proposed authorization will serve to strengthen the
Peace Corps as it prepares to enter the 21st century, putting it on the
firm footing it needs and deserves. I firmly believe that a rejuvenated
Peace Corps will help ensure that America continues to be an engaged
world leader, and that we continue to share with other countries our
own legacy of freedom, independence, and prosperity. This is an
investment in our country and our world that we need to make.
______
By Mr. CAMPBELL (for himself, Mr. Craig, Mr. Kyl, Mr. Crapo, Mr.
Gorton, and Mr. Grams):
S. 510. A bill to preserve the sovereignty of the United States over
public lands and acquired lands owned by the United States, and to
preserve State sovereignty and private property rights in non-Federal
lands surrounding those public lands and acquired lands; to the
Committee on Energy and Natural Resources.
the american land sovereignty protection act
Mr. CAMPBELL. Mr. President, today I introduce the American Land
Sovereignty Protection Act of 1999. I am pleased to be joined by my
colleagues, Senators Craig, Kyl, Crapo, Gorton, and Grams who are
original cosponsors of the bill.
This bill enforces our position as strong supporters of American
public lands and private property rights, and is based upon legislation
which I introduced in the 105th Congress, S. 2098. Since then I have
received input from Coloradans and revised the bill accordingly, as I
am concerned about the setting aside of public lands by the federal
government for international agreements and oversight.
The absence of congressional oversight in such programs as the United
Nations Biosphere Reserve is of special concern to me. The United
Nations has designated 47 Biosphere Reserves in the United States which
contain a total area greater than the size of my home state of
Colorado.
The United Nations remains the only multi-national body to share
perspectives on a global scale. The United States, as the leading
economic and military world power, should maintain an influential role.
However, the intrusive implications of the U.N. Biosphere Reserve
program have created a problem that must be addressed by the Congress.
A Biosphere Reserve is a federally-zoned and coordinated region that
could prohibit certain uses of private lands outside of the designated
international area. The executive branch is agreeing to manage the
designated area in accordance with an underlying agreement which may
have implications on non-federal land outside the affected area. For
example, when residents of Arkansas discovered a plan by the United
Nations and the administration to advance a proposed Ozark Highland Man
and Biosphere Reserve without public input, the plan was withdrawn in
the face of public pressure. This type of stealth tactic to accommodate
international interests does not serve the needs and desires of the
American people. Rather, it is an encroachment by the Executive branch
on congressional authority.
We are facing a threat to our sovereignty by the creation of these
land reserves in our public lands. I also believe the rights of private
landowners must be protected if these international land designations
are made. Even more disturbing is the fact the executive branch elected
to be a party to this ``Biosphere Reserve'' program without the
approval of Congress or the American people. The absence of
congressional oversight in this area is a serious concern.
In fact most of these international land reserves have been created
with minimal, if any, congressional input or oversight or public
consultation. The current system for implementing international land
reserves diminishes the power and sovereignty of the Congress to
exercise its constitutional power to make laws that govern lands
belonging to the United States. Congress must protect individual
property owners, local communities, and state sovereignty which may be
adversely impacted economically by any such international agreements.
As policymaking authority is further centralized by the executive
branch at the federal level, the role of ordinary citizens in the
making of this policy through their elected representatives is
diminished. The administration has allowed some of America's most
symbolic monuments of freedom, such as the Statue of Liberty and
Independence Hall to be listed as World Heritage Sites. Furthermore the
United Nations has listed national parks including Yellowstone National
Park--our nation's first national park--as a World Heritage Site.
Federal legislation is needed to require the specific approval of
Congress before any area within the borders of the United States is
made part of an international land reserve. My bill reasserts Congress'
Constitutional role in the creation of rules and regulations governing
lands belonging to the United States and its people.
I ask unanimous consent that the bill be printed in the Record and
urge my colleagues to support its passage.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 510
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 ``American Land Sovereignty
Protection Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The power to dispose of and make all needful rules and
regulations governing lands belonging to the United States is
vested in the Congress under article IV, section 3, of the
Constitution.
[[Page S2133]]
(2) Some Federal land designations made pursuant to
international agreements concern land use policies and
regulations for lands belonging to the United States which
under article IV, section 3, of the Constitution can only be
implemented through laws enacted by the Congress.
(3) Some international land designations, such as those
under the United States Biosphere Reserve Program and the Man
and Biosphere Program of the United Nations Scientific,
Educational, and Cultural Organization, operate under
independent national committees, such as the United States
National Man and Biosphere Committee, which have no
legislative directives or authorization from the Congress.
(4) Actions by the United States in making such
designations may affect the use and value of nearby or
intermixed non-Federal lands.
(5) The sovereignty of the States is a critical component
of our Federal system of government and a bulwark against the
unwise concentration of power.
(6) Private property rights are essential for the
protection of freedom.
(7) Actions by the United States to designate lands
belonging to the United States pursuant to international
agreements in some cases conflict with congressional
constitutional responsibilities and State sovereign
capabilities.
(8) Actions by the President in applying certain
international agreements to lands owned by the United States
diminishes the authority of the Congress to make rules and
regulations respecting these lands.
(b) Purpose.--The purposes of this Act are the following:
(1) To reaffirm the power of the Congress under article IV,
section 3, of the Constitution over international agreements
which concern disposal, management, and use of lands
belonging to the United States.
(2) To protect State powers not reserved to the Federal
Government under the Constitution from Federal actions
designating lands pursuant to international agreements.
(3) To ensure that no United States citizen suffers any
diminishment or loss of individual rights as a result of
Federal actions designating lands pursuant to international
agreements for purposes of imposing restrictions on use of
those lands.
(4) To protect private interests in real property from
diminishment as a result of Federal actions designating lands
pursuant to international agreements.
(5) To provide a process under which the United States may,
when desirable, designate lands pursuant to international
agreements.
SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE
SITE LISTING.
Section 401 of the National Historic Preservation Act
Amendments of 1980 (Public Law 96-515; 94 Stat. 2987) is
amended--
(1) in subsection (a) in the first sentence, by--
(A) striking ``The Secretary'' and inserting ``Subject to
subsections (b), (c), (d), and (e), the Secretary''; and
(B) inserting ``(in this section referred to as the
`Convention')'' after ``1973''; and
(2) by adding at the end the following new subsections:
``(d)(1) The Secretary of the Interior may not nominate any
lands owned by the United States for inclusion on the World
Heritage List pursuant to the Convention, unless--
``(A) the Secretary finds with reasonable basis that
commercially viable uses of the nominated lands, and
commercially viable uses of other lands located within 10
miles of the nominated lands, in existence on the date of the
nomination will not be adversely affected by inclusion of the
lands on the World Heritage List, and publishes that finding;
``(B) the Secretary has submitted to the Congress a report
describing--
``(i) natural resources associated with the lands referred
to in subparagraph (A); and
``(ii) the impacts that inclusion of the nominated lands on
the World Heritage List would have on existing and future
uses of the nominated lands or other lands located within 10
miles of the nominated lands; and
``(C) the nomination is specifically authorized by a law
enacted after the date of enactment of the American Land
Sovereignty Protection Act and after the date of publication
of a finding under subparagraph (A) for the nomination.
``(2) The President may submit to the Speaker of the House
of Representatives and the President of the Senate a proposal
for legislation authorizing such a nomination after
publication of a finding under paragraph (1)(A) for the
nomination.
``(e) The Secretary of the Interior shall object to the
inclusion of any property in the United States on the list of
World Heritage in Danger established under Article 11.4 of
the Convention, unless--
``(1) the Secretary has submitted to the Speaker of the
House of Representatives and the President of the Senate a
report describing--
``(A) the necessity for including that property on the
list;
``(B) the natural resources associated with the property;
and
``(C) the impacts that inclusion of the property on the
list would have on existing and future uses of the property
and other property located within 10 miles of the property
proposed for inclusion; and
``(2) the Secretary is specifically authorized to assent to
the inclusion of the property on the list, by a joint
resolution of the Congress after the date of submittal of the
report required by paragraph (1).
``(f) The Secretary of the Interior shall submit an annual
report on each World Heritage Site within the United States
to the Chairman and Ranking Minority member of the Committee
on Resources of the House of Representatives and of the
Committee on Energy and Natural Resources of the Senate, that
contains for the year covered by the report the following
information for the site:
``(1) An accounting of all money expended to manage the
site.
``(2) A summary of Federal full time equivalent hours
related to management of the site.
``(3) A list and explanation of all nongovernmental
organizations that contributed to the management of the site.
``(4) A summary and account of the disposition of
complaints received by the Secretary related to management of
the site.''.
SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED
NATIONS BIOSPHERE RESERVES.
Title IV of the National Historic Preservation Act
Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by
adding at the end the following new section:
``Sec. 403. (a) No Federal official may nominate any lands
in the United States for designation as a Biosphere Reserve
under the Man and Biosphere Program of the United Nations
Educational, Scientific, and Cultural Organization.
``(b) Any designation on or before the date of enactment of
the American Land Sovereignty Protection Act of an area in
the United States as a Biosphere Reserve under the Man and
Biosphere Program of the United Nations Educational,
Scientific, and Cultural Organization shall not have, and
shall not be given, any force or effect, unless the Biosphere
Reserve--
``(1) is specifically authorized by a law enacted after
that date of enactment and before December 31, 2000;
``(2) consists solely of lands that on that date of
enactment are owned by the United States; and
``(3) is subject to a management plan that specifically
ensures that the use of intermixed or adjacent non-Federal
property is not limited or restricted as a result of that
designation.
``(c) The Secretary of State shall submit an annual report
on each Biosphere Reserve within the United States to the
Chairman and Ranking Minority member of the Committee on
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate, that contains
for the year covered by the report the following information
for the reserve:
``(1) An accounting of all money expended to manage the
reserve.
``(2) A summary of Federal full time equivalent hours
related to management of the reserve.
``(3) A list and explanation of all nongovernmental
organizations that contributed to the management of the
reserve.
``(4) A summary and account of the disposition of the
complaints received by the Secretary related to management of
the reserve.''.
SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL.
Title IV of the National Historic Preservation Act
Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is further
amended by adding at the end the following new section:
``Sec. 404. (a) No Federal official may nominate, classify,
or designate any lands owned by the United States and located
within the United States for a special or restricted use
under any international agreement unless such nomination,
classification, or designation is specifically authorized by
law. The President may from time to time submit to the
Speaker of the House of Representatives and the President of
the Senate proposals for legislation authorizing such a
nomination, classification, or designation.
``(b) A nomination, classification, or designation, under
any international agreement, of lands owned by a State or
local government shall have no force or effect unless the
nomination, classification, or designation is specifically
authorized by a law enacted by the State or local government,
respectively.
``(c) A nomination, classification, or designation, under
any international agreement, of privately owned lands shall
have no force or effect without the written consent of the
owner of the lands.
``(d) This section shall not apply to--
``(1) agreements established under section 16(a) of the
North American Wetlands Conservation Act (16 U.S.C. 4413);
and
``(2) conventions referred to in section 3(h)(3) of the
Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)).
``(e) In this section, the term `international agreement'
means any treaty, compact, executive agreement, convention,
bilateral agreement, or multilateral agreement between the
United States or any agency of the United States and any
foreign entity or agency of any foreign entity, having a
primary purpose of conserving, preserving, or protecting the
terrestrial or marine environment, flora, or fauna.''.
SEC. 6. CLERICAL AMENDMENT.
Section 401(b) of the National Historic Preservation Act
Amendments of 1980 (16 U.S.C. 470a-1(b)) is amended by
striking ``Committee on Natural Resources'' and inserting
``Committee on Resources''.
______
By Mr. McCAIN:
[[Page S2134]]
S. 511. A bill to amend the Voting Accessibility for the Elderly and
Handicapped Act to ensure the equal right of individuals with
disabilities to vote, and for other purposes; to the Committee on Rules
and Administration.
Voting Accessibility for the Elderly and Handicapped Act Amendments
Mr. McCAIN. Mr. President, today I am introducing legislation with my
dear friend Senator John Kerry which would protect every American's
fundamental right to vote. Our bill, ``Improving Accessibility to
Voting for Disabled and Elderly Americans'' will ensure that every
citizen who wants to vote will be able to vote despite physical
disabilities.
The McCain-Kerry bill would strengthen and redefined the existing
law, ``Voting Accessibility for the Elderly and Handicapped.'' As many
of my colleagues know, Congress implemented this law in 1984 in an
attempt to ensure that all Americans has access to voter registration
and polling places. At the time this was quite a progressive initiative
since it was 15 years prior to the landmark Americans with Disabilities
Act which as since helped opened the door for millions of disabled
Americans in many aspects of their lives.
As a Member of the House of Representatives, I proudly supported the
original 1984 law and was confident that it would eliminate the
barriers facing millions of disabled and elderly citizens when they
exercise their basic right to vote. Unfortunately, it did not. While it
was a step in the right direction it has not completely eradicated
inaccessible polling facilities. According to the most recent Federal
Election Commission report, which relies on self-reporting by local
election officials during the 1992 election, there were at least 19,500
inaccessible polling places. This is not including 9,500 polling places
which did not file reports. And since this information is based on
self-reporting I am afraid that the actual number of inaccessible
polling places may be much higher.
It is deplorable that millions of disabled and elderly voters are not
voting because they are faced with too many obstacles, including
inaccessible polling places and ballots which are not accessible to
blind or visually impaired voters. I find it particularly disconcerning
that many of our nation's disabled veterans, the very men and women who
have sacrificed so much for our country, are unable to cast their vote
because of polling facilities which are not accessible. This is simply
wrong. The right to vote is the heat and soul of our democracy, and we
must work together to eliminate barriers preventing millions from
participating in our democracy.
As America works together for our journey into the new millennium we
must ensure that our Democracy continues to include everyone and
address the unique needs of each citizen. I am concerned about voter
turnout in the last election cycle, 1998 was the lowest since 1942--
only 36 percent of eligible voters participated. It is difficult to
have representation of the people by the people if the majority of
people are not participating.
I find this lack of participation quite disturbing, particularly as
our Nation prepares to enter the next century facing a multitude of
important issues. What is even more disturbing is the number of
citizens who wanted to participate in our election process but were
unable to because of inaccessible polling facilities. This is why I am
committed to working with Senator Kerry to get this bill passed so that
every citizen, particularly the men and women who pledged their lives,
fortunes and sacred honor to preserve and protect our Nation, can
participate in the voting process.
I hope that my colleagues in the Senate will work with us to enact
this important piece of legislation this year so that all Americans can
exercise their right to vote with dignity and respect.
This legislation is supported by the Paralyzed Veterans of America,
American Foundation for the Blind, New Hampshire Disabilities Rights
Center, New Hampshire Developmental Disabilities Council, Granite State
Independent Living Foundation, and National Association of Protection
and Advocacy Systems. I would like to thank each of them for their
commitment to protecting the rights of disabled and elderly Americans.
Mr. President, I request unanimous consent that a copy of the
legislation be printed in the Record.
There being no objection the test of the bill was to be printed in
the Record, as follows:
S. 511
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AMENDMENT OF VOTING ACCESSIBILITY FOR THE ELDERLY
AND HANDICAPPED ACT.
(a) Purpose.--Section 2 of the Voting Accessibility for the
Elderly and Handicapped Act (42 U.S.C. 1973ee) is amended
by--
(1) striking ``It'' and inserting ``(a) It''; and
(2) adding at the end the following:
``(b) It is the intention of Congress in enacting this Act
to ensure that--
``(1) no individual may be denied the right to vote in a
Federal election on the basis of being disabled; and
``(2) every voter has the right to vote independently in a
Federal election.''.
(b) Accessibility of Polling Places.--Section 3 of the
Voting Accessibility for the Elderly and Handicapped Act (42
U.S.C. 1973ee-1) is amended--
(1) in subsection (a), by striking ``each political
subdivision'' and all that follows through ``conducting
elections'' and inserting ``the chief election officer of the
State'';
(2) by striking subsection (b) and inserting the following:
``(b) Subsection (a) shall not apply to a polling place in
the case of any unforeseeable natural disaster such as a
fire, storm, earthquake, or flood.''; and
(3) by striking subsection (c) and inserting the following:
``(c) The chief election officer of a State shall ensure
that all polling methods selected and used for Federal
elections are accessible to disabled and elderly voters,
including--
``(1) the provision of ballots in a variety of accessible
media;
``(2) the provision of instructions that are printed in
large type, conspicuously displayed at each polling place;
``(3) the provision of printed information that is
generally available to other voters using a variety of
accessible media; and
``(4) ensuring that all polling methods used enable
disabled and elderly voters to cast votes at polling places
during times and under conditions of privacy available to
other voters.''.
(c) Accessibility of Registration Facilities and
Services.--Section 5(a) of the Voting Accessibility for the
Elderly and Handicapped Act (42 U.S.C. 1973ee-3(a)) is
amended--
(1) in paragraph (1), by striking ``and'' at the end; and
(2) by striking paragraph (2) and inserting the following:
``(2) registration information by telecommunications
devices for the deaf and in a variety of accessible media;
and
``(3) accessible registration procedures to allow each
eligible voter to register at the residence of the voter, by
mail, or by other means.''.
(d) Enforcement.--Section 6 of the Voting Accessibility for
the Elderly and Handicapped Act (42 U.S.C. 1973ee-4) is
amended--
(1) in subsection (b), by striking ``45'' and inserting
``21''; and
(2) by striking subsection (c) and inserting the following:
``(c) In an action brought under subsection (a), the State
or political subdivision shall be fined an amount--
``(1) not to exceed $5,000 for the first violation of such
section; and
``(2) not to exceed $10,000 for each subsequent
violation.''.
(e) Relationship With Other Laws.--Section 7 of the Voting
Accessibility for the Elderly and Handicapped Act (42 U.S.C.
1973ee-5) is amended--
(1) in the heading, by striking ``voting rights act of
1965'' and inserting ``other laws;
(2) by striking ``This'' and inserting ``(a) This''; and
(3) by adding at the end the following:
``(b) Nothing in this Act shall be construed to invalidate
or limit the laws of any State or political subdivision that
provide greater or equal access to registration or polling
for disabled and elderly voters.''.
(f) Definitions.--Section 8 of the Voting Accessibility for
the Elderly and Handicapped Act (42 U.S.C. 1973ee-6) is
amended--
(1) in paragraph (1), by striking ``chief election''
through ``involved'' and inserting ``Access Board'';
(2) in paragraph (4), by striking ``permanent physical
disability; and'' and inserting ``permanent disability;'';
(3) in paragraph (5), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(6) `Access Board' means the Architectural and
Transportation Barriers Compliance Board established under
section 502 of the Rehabilitation Act of 1973 (29 U.S.C.
792);
``(7) `chief election officer' means the State officer or
entity, designated by State law or established by practice,
responsible for elections within the State;
``(8) `independently' means without the assistance of
another individual; and
``(9) `media' includes formats using large type, braille,
sound recording, or digital text.''.
(g) References.--
(1) In general.--The Voting Accessibility for the Elderly
and Handicapped Act (42
[[Page S2135]]
U.S.C. 1973ee et seq.) is amended by striking ``handicapped''
each place it appears and inserting ``disabled''.
(2) References in other laws.--Except where inappropriate,
any reference to ``handicapped'' in relation to the Voting
Accessibility for the Elderly and Handicapped Act (42 U.S.C.
1973ee et seq.) in any law, Executive Order, rule, or other
document shall include a reference to ``disabled''.
(h) Conforming Amendment.--Section 502(b)(3) of the
Rehabilitation Act of 1973 (29 U.S.C. 792(b)(3)) is amended
by inserting before the semicolon ``and section 3 of the
Voting Accessibility for the Elderly and Handicapped Act (42
U.S.C. 1973ee-1)''.
SEC. 2. REGULATIONS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall promulgate
regulations implementing this Act. Such regulations shall be
consistent with the minimum guidelines established by the
Access Board.
(b) Access Board Guidelines.--Not later than 9 months after
the date of enactment of this Act, the Access Board shall
issue minimum guidelines relating to the requirements in the
amendments made by section 1(b) of this Act.
(c) Definition.--In this section, the term ``Access Board''
means the Architectural and Transportation Barriers
Compliance Board.
SEC. 3. TRANSITION PLAN.
(a) In General.--Not later than 3 months after the date on
which regulations are promulgated under section 2(a), the
chief election officer of each State shall develop a
transition plan to ensure that polling places in the State
are in compliance with the requirements of the Voting
Accessibility for the Elderly and Handicapped Act (42 U.S.C.
1973ee et seq.), as amended by this Act.
(b) Coordination With Local Election Officials.--The plan
under subsection (a) shall be developed in coordination
with--
(1) local election officials; and
(2) individuals with disabilities or organizations
representing individuals with disabilities.
(c) Contents and Availability of Plan.--The plan under
subsection (a) shall--
(1) include specific recommendations necessary to comply
with the requirements of the Voting Accessibility for the
Elderly and Handicapped Act; and
(2) be available for public inspection in such manner as
the chief election officer determines appropriate.
SEC. 4. EFFECTIVE DATE.
The amendments made by section 1 of this Act shall apply
beginning on the earliest of--
(1) the date that is 6 months after the date on which
regulations are promulgated under section 2(a); or
(2) the date of the first Federal election taking place in
the State after December 31, 2000.
Mr. KERRY. Mr. President, I am pleased to join my good friend John
McCain to introduce the Voting Accessibility for the Elderly and
Handicapped Act, to ensure that our disabled and elderly citizens have
the same opportunity to vote as the rest of us--in private and at a
polling place. Despite the intention of a voter accessibility law
passed in 1984, many individuals with physical challenges are literally
left outside the polling place, unable to exercise their fundamental
right to vote without embarrassing themselves or relying on others to
cast their ballot for them.
As abysmally low as voter turnout is for the population as a whole,
it is estimated that the rate of voter participation by persons with
disabilities is even lower--as much as 15-20 percent according to some
surveys. Among the reasons for this gap is that polling places are not
accessible to people with physical disabilities. This is the case,
despite the Voting Accessibility for the Elderly and Handicapped Act
(VAEHA) of 1984, which requires polling places to be physically
accessible to both older voters and voters with disabilities.
Unfortunately, the VAEHA does not define an ``accessible'' voting
place, nor does it place responsibility for making a voting place
accessible with any particular agency or official.
Since the 1984 act was passed, many polling places have improved
their accessibility. Nevertheless, according to the Federal Election
Commission, which tracks accessibility under the 1984 act, there were
some 19,500 inaccessible polling places in 1992--the last time for
which statistics are available. And, since the FEC report relied on
self-reporting by voting precincts, the actual number of inaccessible
polling places in likely to be even higher.
The result is that there are still too many instances where disabled
voters must resort to what is known as ``curbside voting.'' According
to a survey by the National Voter Independence Project, 47 percent of
polling places are inaccessible because they don't have a wide enough
path from the street, there are no signs directing disabled people
where to go, or stairs or narrow doorways block wheelchair access.
Disabled voters who go to inaccessible polling places are told to honk
their car horn, or ask a passerby to get the attention of the polling
official, who must then bring a ballot out to the disabled voter or
carry him or her into the voting place. Rather than face this
indignity, many disabled voters choose not to vote.
Why shouldn't they just vote by absentee ballot? Because voting is a
community event in which those without disabilities can choose to
participate. Disabled voters deserve the same voting rights as everyone
else. If they vote by absentee ballot, they should do so because they
choose to, not because they have to.
Visually impaired voters--many of whom are older Americans--also
often face certain indignities when they attempt to exercise their
fundamental right of a secret vote. If they cannot see the ballot, they
are told to bring someone into the voting booth with them, to read the
ballot for them and cast their vote. An extraordinary 81 percent of
visually impaired individuals had to rely on others to mark their
ballots for them, according to the National Voter Independence Project.
The secret ballot is so basic to our democratic system that it is
shocking that it is denied to so many.
The right to vote at a polling place and in private can be provided
to the elderly and disabled for a very low price. State election
agencies may incur some costs in bringing their polling places into
compliance, however, these are expenses already required of the states
by the 1984 law. More importantly in most cases, the costs are not
likely to be high. The FEC noted that improvements seen in 1992 ``were
in many cases achieved merely by relocating polling places to
accessible buildings at no cost to the taxpayers.'' Where polling
places are not accessible to individuals with physical disabilities,
they can be moved to already accessible buildings, such as malls,
public libraries and schools. In many instances, access would be
improved by putting up signs directing persons with disabilities to
accessible entrances. These and other simple solutions have been
implemented by some precincts at only minimal cost.
Improving access for the visually impaired can also be a low-cost
endeavor for states. Many visually impaired individuals would be able
to vote independently if the ballots were simply in larger type.
Providing a tape recording of the ballot for the visually impaired to
listen to is another solution that has been implemented by a few
precincts for very low cost. It is a small price to pay to guarantee
our fundamental rights to all of our citizens.
Those who would benefit from this bill include the men and women who
were injured serving our country in the armed forces. Other
beneficiaries would be elderly citizens who may have voted regularly
throughout their lives, and only their failing vision keeps them from
voting now. Still others on whose behalf we offer this bill are victims
of accidents, illnesses, or genetic disorders. Is there any one among
those individuals who should be denied the right to participate in the
voting process? Of course not. It is for them, Mr. President, that we
offer this very important piece of legislation.
______
By Mr. GORTON (for himself, Mrs. Feinstein, Mr. Lautenberg, Mr.
Torricelli, Mr. Lieberman, and Mr. Edwards):
S. 512. A bill to amend the Public Health Service Act to provide for
the expansion, intensification, and coordination of the activities of
the Department of Health and Human Services with respect to research on
autism; to the Committee on Health, Education, Labor, and Pensions.
advancement in pediatric autism research act
Mr. GORTON. Mr. President, today, I will introduce legislation that
will build on current scientific advances in understanding autism and
will promote additional research in this promising field. I introduced
a very similar bill last year and am greatly encouraged by the progress
in this field. In the last 12 months, we've seen an increase in the
number of researchers interested in this field, additional funding for
autism research and greater public awareness about this disability. It
is
[[Page S2136]]
my hope that we can continue this momentum and pass meaningful
legislation this year.
Many think autism is rare. In fact, it is the third most prevalent
childhood disability, affecting an estimated four hundred thousand
Americans and their families. It is also a condition that doctors and
scientists believe can be cured. It is not something that we simply
must accept.
When people think of autism they might remember the character played
by Dustin Hoffman in the movie ``Rainman.'' Yet autism has many faces;
it affects people from every background, social and ethnic category.
Children with autism may be profoundly retarded and may never learn to
speak, while other may be extremely hyperactive and bright. Some may
have extraordinary talents, such as an exceptional memory or skill in
mathematics. However, all share the common traits of difficulty with
communication and social interaction. And for reasons we do not yet
understand, eighty percent of those with autism are males.
But autism is not about statistics or medical definitions--it is
about children and families. The Kruegers, from Washington state, have
an all too typical story. Their little girl Chanel developed like any
other child--she happily played with her parents, took her first steps,
learned some of her first words and then she started to regress. In
four short months, by the time she was two, Chanel had become almost
completely enveloped in her own private world. Chanel's mother told me
``it was like somebody came in the middle of the night and took my
child.''
Like many children with autism, the Krueger's daughter no longer
responded when her parents called her name; words she once spoke
clearly became garbled; and socializing became more and more difficult.
Fortunately, due to her parents' dedication and intervention Chanel
Krueger at age 5, is doing remarkably well.
But, many autistic children completely lose the ability to interact
with the outside world. The hours these kids should be spending in
little league or playing with their friends are often spent staring out
the window, transfixed by the dust floating in the sunlight or the
pattern of leaves on the ground.
Even today, with advances in therapy and early intervention, few of
these children will go to college, hold a regular job, live
independently or marry. More than half never learn how to speak.
The facts about autism can be sobering--but there is hope. Early
intervention and treatment has helped many children. Science has also
made great strides in understanding this disorder. We now know that
autism is a biological condition, it is not an emotional problem and it
is not caused by faulty parenting. Scientists believe that autism is
one of the most heritable developmental disorders and is the most
likely to benefit from the latest advances in genetics and neurology.
Once the genetic link is discovered, the opportunities for
understanding, treating, and eventually curing autism are endless.
The promise of research is exactly why I am introducing this
legislation. This bill will increase the federal commitment to autism
research. Its cornerstone is authorization for five Centers of
Excellence where basic researchers, clinicians and scientists can come
together to increase our understanding of this devastating disorder.
Because so little is known about the prevalence of autism, I have
added a provision that establishes at the Centers for Disease Control
at least three centers of expertise on autism in an effort to identify
the causes of autism. The epidemiology research will help us confirm or
dismiss whether a genetic disposition to autism may be triggered by
environmental factors. If so, identifying those factors may help us in
taking steps to prevent autism from developing.
A library of genetic information will be a valuable tool for
researchers trying to identify the genetic basis for autism. The bill
includes a provision to fund a gene and brain tissue bank developed
from families affected with autism to be available for research
purposes.
While we are hoping to advance our understanding and treatment of
autism through research, it is also important that pediatricians and
other health professionals have the most current information so that
children and their families can receive help as early as possible. The
bill includes authorization for an Autism Wareness Program to educate
doctors and other health professionals about autism.
Finally, it is vital that we encourage collaboration among the
scientists conducting this important work throughout the Department of
Health and Human Services. The bill establishes an Inter-Agency Autism
Coordinating Committee to bring together the scientists at the various
Institutes at the NIH, at the Centers for Disease Control and other
agencies conducting autism research.
While the focus of this bill is on autism, advances in this area are
also likely to shed light on related problems such as attention deficit
disorder, obsessive compulsive disorders, and various seizure disorders
and learning disabilities.
Research is the key to unlocking the door and freeing those with
autism from the isolation and loneliness of their private world. This
bill is intended to give the NIH and the CDC the resources to take
advantage of the tremendous opportunity before us to find more
effective treatments and ultimately a cure for autism. The promise is
real. Fulfillment of that promise only requires our commitment. I urge
my Senate colleagues to support this important investment in the future
of our children and our Nation.
____________________