[Congressional Record Volume 146, Number 20 (Tuesday, February 29, 2000)]
[Senate]
[Pages S930-S951]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. WYDEN:
  S. 2114. A bill to exempt certain entries of titanium disks from 
antidumping duties retroactively applied by the United States Customs 
Service; to the Committee on Finance.


            legislation relating to a tariff classification

  Mr. WYDEN. Mr. President, I am introducing legislation to correct a 
technical error made by the U.S. Customs Service, and exempt Waldron 
Pacific from antidumping duties which were retroactively applied by 
Customs to three import shipments of titanium. This bill is a companion 
to legislation introduced by Representative David Wu in the House of 
Representatives.

  Waldron Pacific, a small business located in Lake Oswego, Oregon, is 
a distributor of non-ferrous alloys, such as aluminum, zinc and brass, 
used in the die casting and foundry industries. With just two 
employees, Waldron Pacific has been a very successful business 
operation.
  When a customer of Waldron Pacific needed a certain type of titanium 
not available in this country, the entrepreneurial Waldron Pacific 
found a supplier outside the U.S., in Russia. Having no import 
experience, but hearing of potential antidumping duties on certain 
titanium products, Waldron Pacific sought a binding Classification 
Ruling from Customs before importing the product. Customs' 
Classification Ruling indicated that the proper import duty was 15%, 
and Waldron Pacific began importing the product to fulfill the needs of 
its customer. After three shipments had been imported, Customs revoked 
its previous Classification Ruling and applied retroactively an 
additional 85% antidumping duty on these shipments. The three shipments 
had already been imported, delivered and paid for by Waldron Pacific's 
customer, leaving Waldron Pacific liable to pay $42,000 in unexpected 
duties.
  Whether or not the product should be subject to the antidumping order 
is not at issue nor is that the matter addressed by this legislation. 
The key point is that Waldron Pacific exercised due diligence in 
obtaining a Classification Ruling prior to importing the product, and 
relied upon that Classification Ruling as a basis for importing and 
selling the product. Even the domestic producers who are protected by 
the antidumping order agree that Waldron Pacific should not have to pay 
antidumping duties on these three shipments. Ironically, the 
antidumping order has since been repealed entirely. Providing Waldron 
Pacific relief from Customs' mistake and subsequent attempt to 
retroactively apply a higher tariff is a question of basic fairness.
  The legislation I am introducing today would correct this technical 
error and exempt these import shipments from the unfair, retroactive 
application of antidumping duties.
  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. 2114

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

     SECTION 1. TREATMENT OF CERTAIN ENTRIES OF TITANIUM DISKS.

         (a) In General.--Notwithstanding section 514 of the 
     Tariff Act of 1930 (19 U.S.C. 15144) or any other provision 
     of law, the United States Customs Service shall--
       (1) not later than 90 days after the date of the enactment 
     of this Act, liquidate or reliquidate the entries listed in 
     subsection (b) as exempt from antidumping duties under 
     antidumping case number A-462-103; and
       (2) not later than 90 days after such liquidation or 
     reliquidation under paragraph (1), refund any antidumping 
     duties paid with respect to such entries, including interest 
     from the date of entry, if the importer of the entries files 
     a request therefor with the Customs Service within such 90-
     day period.
       (b) Entries.--The entries referred to in subsection (a) are 
     as follows:

        Entry Number                                      Date of Entry
EE1-0001115-8..........................................January 26, 1995
EE1-0001313-9.............................................June 23, 1995
EE1-0001449-1........................................September 25, 1995
                                 ______
                                 
      By Mr. BAUCUS (for himself, Mr. Murkowski, Mr. Bingaman, Mr. 
        Akaka, Mr. Wyden, and Mr. Dorgan):
  S. 2115. A bill to ensure adequate monitoring of the commitments made 
by the People's Republic of China in its accession to the World Trade 
Organization and to create new procedures to ensure compliance with 
those commitments; to the Committee on Finance.


             china-world trade organization compliance act

  Mr. BAUCUS. Mr. President, today, I am introducing the China WTO 
Compliance Act, along with Senators Murkowski, Bingaman, Akaka, Wyden, 
and Dorgan.

  This bill is designed to ensure continuous and rigorous monitoring of 
China's WTO commitments. It also provides new mechanisms in the 
Congress and in the Executive Branch to make sure that China complies 
with those commitments.
  Twenty years of negotiations with our Asian partners have 
demonstrated that trade agreements are often not self-executing. This 
is just as true with China today as it has been with Japan over these 
last two decades. The Congress and the Administration must both be 
resolutely committed to monitoring and enforcement. Only then do our 
trade agreements succeed and bring the desired results. Inattention by 
the United States leads to inaction

[[Page S931]]

by our trading partners. It leads to failure to achieve market opening 
objectives.
  This bill will make sure that future Congresses and future 
Administrations, whether they are Democratic or Republican, will keep 
trade agreement compliance permanently at the top of the agenda with 
China. We must ensure that inattention never sets in. We must also 
ensure that other elements in the bilateral relationship not be allowed 
to prevent the United States from gaining the maximum trade and 
economic benefit from China's WTO promises.
  Let me be clear that this bill is not designed to set conditions for 
the Congressional vote on granting China Permanent Normal Trade 
Relations status, PNTR. Rather, this bill addresses one of the major 
concerns that many in the Congress have. That is, China historical 
record in complying with bilateral trade agreements has been spotty. 
So, how can we be confident that compliance with this agreement will be 
any better? I hope that enactment of this bill will provide some 
reassurance to Senators and House members in this regard. I urge my 
Senate colleagues to join me in approving this legislation.
  Let me outline the main provisions of the China WTO Compliance Act.
  First, monitoring. The President must submit a detailed plan to 
Congress for monitoring Chinese compliance three months after China 
accedes to the WTO. The plan must be updated yearly and include 
detailed tasking responsibilities for each agency.
  The General Accounting Office will be required annually to survey the 
top 50 American firms in each of five different categories. Companies 
that export non-agricultural goods to China. That export agricultural 
goods to China. That provide services in China. That invest in China. 
And that import goods from China. The purpose of the survey is to 
determine if China is abiding by its WTO commitments. The survey will 
also provide information about any problems confronted by those firms.
  The International Trade Commission will report annually on United 
States-China bilateral export and import statistics. They will also, as 
best they can, seek to reconcile the different United States-source and 
China-source statistics.
  The second element in the bill deals with compliance. USTR must 
submit an annual report to Congress on China's compliance with its WTO 
commitments. After analyzing this report, a majority vote of either the 
Finance Committee or the Ways and Means Committee would require USTR to 
initiate a Section 301 investigation of Chinese practices that do not 
abide by China's WTO commitments. If USTR then determines that China is 
violating any of those commitments, USTR shall initiate dispute 
settlement action at the WTO, unless there exists another more 
effective action. USTR shall consult with the Congress and provide an 
explanation of its action.
  Going further, a majority vote of both the Finance Committee and the 
Ways and Means Committee will require USTR to initiate immediately a 
case under the dispute settlement mechanism of the WTO.
  The bill also amends Section 301. It authorizes USTR to draw a 
negative inference if a country being investigated does not cooperate 
in providing information. This has become a serious problem with some 
of our trading partners. A 301 investigation can bog down when a 
country with a non-transparent trading regime refuses to provide 
detailed information. This provision provides an incentive for 
cooperation.
  Third, the bill calls for a special WTO review of China. It is the 
Sense of the Congress that there should be a special multilateral 
process at the WTO for a thorough and comprehensive annual review of 
Chinese compliance. The bill directs USTR to propose that the Trade 
Policy Review Mechanism, the TPRM, at the WTO execute such a review of 
China's trade policies every year. It also directs USTR to take 
measures to improve the TPRM process.
  Finally, institution-building in China. Coming out of half a century 
of communism, China does not have the institutions necessary to carry 
out fully its WTO obligations. This bill requires the President to 
submit a plan to provide assistance to China to build those 
institutions necessary to fulfill the obligations China has made as 
part of its accession to the WTO. The bill expresses the sense of the 
Congress that the United States should provide such assistance through 
bilateral mechanisms, in particular, through appropriate non-
governmental organizations. It also provides for the possibility of 
some multilateral assistance under the auspices of the WTO.
  Finally, because a primary beneficiary of the results of successful 
institution-building in China would be American business, efforts shall 
be made to develop cost-sharing with the private sector.
  There has been a lot of talk about the need to ensure full Chinese 
compliance with its WTO commitments. This bill is an attempt to 
establish a system that will do just that. We need this legislation. 
And we need to pass PNTR as soon as possible.
  Let me conclude with a few remarks about Chinese compliance with the 
Agricultural Cooperation Agreement, which went into effect in December. 
Three weeks ago, I initiated a letter signed by 53 Senators to Chinese 
President Jiang Zemin. In the letter, we insisted that China proceed 
with full and immediate implementation of that agreement. I was pleased 
to announce on Monday the first purchase by China under this agreement. 
50,000 metric tons of Pacific Northwest wheat. This is an important 
step that should be followed by other agricultural purchases.
  Mr. AKAKA. Mr. President, I rise in support of the legislation 
introduced today by the distinguished Senators from Montana (Mr. 
Baucus) and Alaska (Mr. Murkowski) entitled the ``China-World Trade 
Organization Compliance Act.''
  Last November, the United States and China announced that a bilateral 
agreement had been reached on China's accession to the World Trade 
Organization (WTO). The agreement covers all agricultural products, 
industrial goods, and service areas. It promises to open up the Chinese 
market to American exports and American investment.
  Nevertheless, many Americans are hesitant at embracing this accord. 
Part of their concern is over the requirement that in order for the 
United States to benefit fully from this agreement. Congress will have 
to pass legislation granting permanent Normal Trade Relations (NTR) 
status to China. Previously known as Most-Favored-Nation (MFN) trading 
status, NTR has been subject to an annual renewal vote each year in the 
Congress. This yearly vote has allowed for a full airing of American 
concerns over relations with China--relations which remain contentious 
to this day because of the Chinese government's human rights behavior, 
proliferation activities, trade policy, and relations with its 
neighbors, most especially Taiwan.
  I cannot predict the result of the vote later this year on granting 
China permanent NTR.
  I do know that a Congressional vote against China will not 
necessarily prevent China from joining the WTO if it concludes 
successfully its accession agreements with other WTO members. China 
still has to resolve issues with the European Union and then have its 
accession approved by the WTO General Council/Ministerial Conference. 
But I think it is reasonable to assume that later this year China will 
join the WTO whether or not the United States grants permanent NTR.
  In light of this possibility, the legislation proposed today by my 
colleagues, and which I am pleased to cosponsor, is a reasonable and 
prudent step to take in order to ensure that the agreements which China 
commits to in joining the WTO are ones which China will fulfill.
  The history of Chinese compliance with international agreements has 
not been as good as it should be. In particular, China has not 
successfully implemented the commitments it made in March 1995 to 
protect American intellectual property rights. Intellectual piracy 
remains a major threat to the American music, cinema, and computer 
software industries. The Chinese government has demonstrated an 
impressive ability to arrest and intimidate massive numbers of Falun 
Gong followers but seems unable to locate factories mass producing 
thousands of counterfeit CDs, videos, and computer software. Clearly, 
where there is a will, there is a way for the Chinese government.

[[Page S932]]

  In addition, the Chinese government has proven itself very adept at 
protecting its domestic market from foreign goods and investment, 
devising formal and informal barriers to trade. The concept of 
transparency in Chinese trade law leaves much to be desired. An October 
1992 market access agreement between the United States and China has 
yet to be fully implemented with China eliminating some barriers while 
imposing new ones.
  The pattern of past Chinese behavior to international trading 
agreements suggest that we must be vigilant in ensuring compliance with 
the WTO accession agreement.
  The legislation we offer today is a significant step towards ensuring 
that China's promises are fulfilled. The bill establishes a process 
within the United States government for monitoring Chinese compliance 
with its WTO commitments. The monitoring would occur regardless of 
whether or not the United States grants permanent NTR to China, 
although surely it would have more effect if we do grant this to China.
  We have lacked a process, and an agency, within the United States 
government with the mandate, the expertise, institutional memory, and 
the resources to ensure that the promise of bilateral and multilateral 
trade agreements are fulfilled. This legislation is a major step in 
starting the debate on how to ensure that promises made are promises 
kept.
  As ranking member of the International Security, Proliferation And 
Federal Services Subcommittee of the Governmental Affairs Committee, I 
am keenly interested in the implications of the legislation for the 
organization of our government's trade agencies. There are several 
areas where I would like to work with the legislation's authors to 
refine their proposal. I believe that it might be appropriate to 
designate the United States Trade Representative's Office as the lead 
agency working with other agencies to monitor compliance. I intend to 
study further the best means for ensuring the effectiveness of this 
legislation.
  I believe it also important that public participation in commenting 
on China's compliance should not be limited to business groups but 
include environmental, labor, and human rights organizations. The 
climate affecting the world economy is not solely determined by the 
financial bottom line.
  This legislation is an important step towards a trade environment 
which benefits the many, not the few, and I am pleased to cosponsor it.
                                 ______
                                 
      By Mr. WELLSTONE (for himself, Mr. Kennedy, and Mr. Schumer):
  S. 2116. A bill to amend title II of the Elementary and Secondary 
Education Act of 1965 to support teacher corps programs, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.


                             teacher corps

 Mr. WELLSTONE. Mr. President, if there is one thing we all can 
agree on in education, it is that teacher quality is absolutely 
critical to how well children learn. Yet, the nation confronts one of 
the worst teacher shortages in history. With expanding enrollment, 
decreasing class size and one third of the nation's teachers nearing 
retirement age, public schools will need to hire as many as 2.2 million 
teachers over the next decade.
  The need is greatest in specific subject areas such as mathematics, 
science, special education and bilingual education, all important 
subjects if the nation is to have an educated work force to keep it 
competitive in the world marketplace.
  Need is also greatest in specific geographical areas such as the 
inner city and rural areas. Ironically, it is the most educationally 
and socio-economically disadvantaged students that are under served. If 
there is one action we can take guaranteed to help struggling schools 
and children, it is to provide states and school districts the means to 
ensure that there is a highly qualified teacher in every classroom.
  My legislation, Teacher Corps, which I am proud to introduce today 
with my colleagues, Senators Kennedy and Schumer, who for so long have 
fought to bring the best possible educational opportunities to all of 
America's children, is designed to do just that. Its components are 
based on a definite need and sound research concerning effective 
mechanisms for meeting that need.
  Teacher Corps would fund collaboratives between state education 
agencies, local education agencies and institutions of higher 
education.
  The collaboratives would recruit top ranked college students and 
qualified mid career individuals, who have not yet been trained as 
teachers, to teach in the nation's poorest schools in the areas of 
greatest need--both geographically and academically. Districts and 
universities would work together to only recruit candidates who have an 
academic major or extensive and substantive professional experience in 
the subject in which they will teach.
  The collaboratives would provide recruits a tuition free alternative 
route to certification which includes intensive study and a teaching 
internship. The internship would include mentoring, co-teaching and 
advanced course work in pedagogy, state standards, technology and other 
areas.
  After the internship period, the collaboratives would offer 
individualized follow up training and mentoring in the first two years 
of full time teaching.
  Corps members that become certified will be given priority in hiring 
within that district in exchange for a commitment to teach in low 
income schools for 3 years.
  A good teacher can mean the world to any child whether it is through 
caring or through providing children with the skills they need to open 
their own doors to the future. Every time I enter schools in Minnesota, 
I am in awe of teachers' work.
  That is why it is so tragic to think that there are so many children 
that do not have access to qualified teachers, at the same time that 
many people interested in teaching are either not entering the 
profession or are not staying there once they have qualified.
  Teacher Corps will help meet the growing need for teachers in low 
income urban and rural schools, and in high need subject areas such as 
math, science, bilingual and special education.
  It will do so because Teacher Corps is rooted in three fundamental 
parts. Recruitment, retention and innovative, flexible, high quality 
training programs for college graduates and mid-career professionals 
who want to teach in high need areas.
  The first principle is recruitment. As I mentioned before, we may 
need to hire as many as 2.2 million new teachers in the next decade to 
ensure that there are enough teachers in our schools. But, overall 
quantity is not the only issue. Quality and shortages in specific 
geographic and curriculum areas are equally critical. While there are 
teacher surpluses in some areas, certain states and cities are facing 
acute teacher shortages. In California, 1 out of every 10 teachers 
lacks proper credentials. 58 percent of new hires in Los Angeles are 
not certified.
  There are also crucial shortages in some subject areas such as math, 
science, bilingual and special education. In my home state of 
Minnesota, 90 percent of principals report a serious shortage of strong 
candidates in at least one curriculum area. 54 percent of the 
mathematics teachers in the state of Idaho and 48 percent of the 
science teachers in Florida and Tennessee did not major in the subject 
of their primary assignment.
  Teacher Corps would meet this need because it would recruit and train 
thousands of high quality teachers into the field to meet the specific 
teaching needs of local school districts.
  It would recruit and train top college students and mid-career 
professionals from around the country, who increasingly want to enter 
the teaching profession.
  More college students want to enter teaching today than have wanted 
to join the profession in the past 30 years. According to a recent UCLA 
survey, over 10 percent of all freshman say they want to teach in 
elementary and secondary schools.
  Second, the design of the program ensures that the needs of local 
school districts will be considered so that only those candidates who 
meet the specific needs of that district will be recruited and trained. 
If, for example, there is a shortage of special education, bilingual, 
math and science teachers in a particular district, Teacher Corps

[[Page S933]]

would only train people with those skills. In setting up collaboratives 
in this way, teacher corps helps avoid the overproduction of candidates 
in areas where they are not needed.
  Finally, Teacher Corps gives priority to high need rural, inner 
suburban and urban districts to ensure that new teachers will enter 
where they are needed most.
  However, it does not help to recruit teachers into high need schools 
and train them if we cannot retain them in the profession. Teaching is 
one of the hardest, most important jobs there is. We ask teachers to 
prepare our children for adulthood. We ask them to educate our children 
so that they may be productive members of society. We entrust them with 
our children's minds and with their future. It is a disgrace how little 
support we give them in return. It is no surprise that one of the major 
causes of our teacher shortage is that teachers decide to change 
professions before retirement. 73 percent of Minnesota teachers who 
leave the profession, leave for reasons other than retirement. In urban 
schools, 50 percent of teachers leave the field within five years of 
when they start teaching.
  To retain high quality teachers in the profession, we must 
give teachers the support they deserve. Teachers, like doctors need 
monitoring and support during the first years of their professional 
life. Teacher Corps offers new teachers the training, monitoring and 
support they need to meet the profession's many challenges. It includes 
methods of support that have proven effective in ensuring that teachers 
stay in schools. The key elements for effective teacher retention were 
laid out by the National Commission on Teaching and America's Future in 
1996. Effective programs organize professional development around 
standards for teachers and students; provide a year long, pre-service 
internship; include mentoring and strong evaluation of teacher skills; 
offer stable, high quality professional development.

  Each of these criteria are included in the Teacher Corps program.
  Further, Teacher Corps supports people who choose teaching by paying 
for their training. Through this financial and professional support, 
Teacher Corps will go a long way toward keeping recruits in teaching.
  But, it is still not enough to recruit and retain teachers. Quality 
must be of primary importance. Research shows that the most important 
predictor of student success is not income, but the quality of the 
teacher. Despite this need, studies show that as the level of students 
of color and students from low-income families increases in schools, 
the test scores of teachers declines.
  This is wrong. We are denying children from low-income areas, from 
racial minorities, with limited English proficiency, access to what we 
know works. Several studies have shown that if poor and minority 
students are taught by high quality teachers at the same rate as other 
students, a large part of the gap between poor and minority students 
and their more affluent white counterparts would disappear. For 
example, one Alabama study shows that an increase of one standard 
deviation in teacher test scores leads to a two-thirds reduction in the 
gap between black/white tests scores.
  We can not turn our back on this knowledge. We must act on it. We 
must give low income, minority and limited English proficiency children 
the same opportunities that all children have and we must do it now.
  The very essence of Teacher Corps is to funnel high quality teachers 
where they are needed most. Teacher Corps would help ensure quality by 
using a selective, competitive recruitment process. It would provide 
high quality training, professional development, monitoring and 
evaluations of corps member performance, all of which have been proven 
to increase the quality of the teaching force and the achievement of 
the students they teach.
  Further, by creating strong connections between universities and 
districts and by implementing effective professional development 
projects within districts, we are setting up powerful structures to 
benefit all teachers and students.
  Mr. President, we have an opportunity to do what we know works to 
help children who need our help most. Good teachers have an 
extraordinary impact on children's lives and learning. We need to be 
sure that all children have access to such teachers and all children 
have the opportunity to learn so that all children may take advantage 
of the many opportunities this country provides.
                                 ______
                                 
      By Mr. FEINGOLD (for himself and Mr. Leahy):
  S. 2117. A bill to amend title 9, United States Code, with respect to 
consumer credit transaction; to the Committee on the Judiciary.
 Mr. FEINGOLD. Mr. President, today I introduce the Consumer 
Credit Fair Dispute Resolution Act of 2000, a bill that will protect 
and preserve American consumers' right to take their disputes with 
creditors to court. This bill is identical to an amendment that I 
offered recently to the bankruptcy reform bill.
  In recent years, credit card companies and consumer credit lenders 
are increasingly requiring their customers to use binding arbitration 
when a dispute arises. Consumers are barred by contract from taking a 
dispute to court, even small claims court. While arbitration can be an 
efficient tool to settle claims, it is credible and effective only when 
consumers enter into it knowingly, intelligently and voluntarily. 
Unfortunately, that's not happening in the credit card and consumer 
credit lending arenas.
  One of the most fundamental principles of our justice system is the 
constitutional right to take a dispute to court. Indeed, all Americans 
have the right in civil and criminal cases to a trial by jury. The 
right to a jury trial in criminal cases is contained in the Sixth 
Amendment to the Constitution. The right to a jury trial in civil cases 
is contained in the Seventh Amendment, which provides ``In Suits at 
common law, where the value in controversy shall exceed twenty dollars, 
the right of trial by jury shall be preserved. . . .''
  Some argue that Americans are over-using the courts. Court dockets 
across the country are congested with civil cases. In part as a 
response to these concerns, various ways to resolve disputes have been 
developed, short of going to court. Alternatives to court litigation 
are collectively known as alternative dispute resolution, or ADR. ADR 
includes mediation and arbitration. Mediation and arbitration are often 
efficient ways to resolve disputes because the parties can have their 
case heard well before they would have received a trial date in court.
  Mediation is conducted by a neutral third party--the mediator--who 
meets with the opposing parties to help them find a mutually 
satisfactory solution. Unlike a judge in a courtroom, the mediator has 
no power to impose a solution. No formal rules of evidence or procedure 
control mediation; the mediator and the parties mutually agree on the 
best way to proceed.
  Arbitration also involves a third party--an arbitrator or arbitration 
panel. Unlike mediation but similar to a court proceeding, the 
arbitrator issues a decision after reviewing the arguments by all 
parties. Arbitration uses rules of evidence and procedure, although it 
may use rules that are simpler or more flexible than the evidentiary 
and procedural rules that the parties would follow in a court 
proceeding.
  Arbitration can be either binding or non-binding. Non-binding 
arbitration means that the decision issued by the arbitrator or 
arbitration panel takes effect only if the parties agree to it after 
they know what the decision is. In binding arbitration, parties agree 
in advance to accept and abide by the decision, whatever it is.
  Some contracts contain clauses that require arbitration to be used to 
resolve disputes that arise after the contract is signed. This is 
called ``mandatory arbitration.'' This means that if there is a 
dispute, the complaining party cannot file suit in court and instead is 
required to pursue arbitration. ``Mandatory, binding arbitration'' 
therefore means that under the contract, the parties must use 
arbitration to resolve a future disagreement and the decision of the 
arbitrator or arbitration panel is final. The parties have no ability 
to seek relief in court or through mediation. In fact, if they are not 
satisfied with the arbitration outcome, they are probably stuck with 
the decision.

[[Page S934]]

  Under mandatory, binding arbitration, even if a party believes that 
the arbitrator did not consider all the facts or follow the law, the 
party cannot file a suit in court. The only basis for challenging a 
binding arbitration decision is if there is reason to believe that the 
arbitrator committed actual fraud. In contrast, if a dispute is 
resolved by a court, the parties can potentially pursue an appeal of 
the lower court's decision.
  Mr. President, because mandatory, binding arbitration is so 
conclusive, it can be a credible means of dispute resolution only when 
all parties understand the full ramifications of agreeing to it.
  But that's not what's happening in a variety of contexts--from motor 
vehicle franchise agreements, to employment agreements, to credit card 
agreements. I'm proud to have sponsored legislation addressing 
employment agreements and motor vehicle franchise agreements. In fact, 
I am the original cosponsor with my distinguished colleague from Iowa, 
Senator Grassley, of S. 1020, which would prohibit the unilateral 
imposition of mandatory, binding arbitration in motor vehicle 
dealership agreements with manufacturers. Many of our colleagues have 
joined us as cosponsors.
  Similar to the problem in the motor vehicle dealership franchise 
context, there is a growing, menacing trend of credit card companies 
and consumer credit lenders inserting mandatory, binding arbitration 
clauses in agreements with consumers. Companies like First USA Bank, 
American Express and Green Tree Discount Company unilaterally insert 
mandatory, binding arbitration clauses in their agreements with 
consumers, often without the consumer's knowledge or consent.

  The most common way credit card companies have done this is through 
the use of a ``bill stuffer.'' Bill stuffers are the advertisements and 
other materials that credit card companies insert into envelopes with 
their customers' monthly statements. Some credit card issuers like 
American Express have placed fine print mandatory arbitration clauses 
in bill stuffers. The arbitration provision is usually buried in fine 
print in a mailing that includes a bill and various advertising 
materials. It is often described in a lengthy legal document that most 
consumers probably don't even skim, much less read carefully.
  American Express issued its mandatory arbitration provision last 
year. It took effect on June 1st. So, if you're an American Express 
cardholder and you have a dispute with American Express, as of June 
1999, you can't take your claim to court, even small claims court. You 
are bound to use arbitration, and you are bound to the final 
arbitration decision. In this case, you are also bound to use an 
arbitration organization selected by American Express, the National 
Arbitration Forum.
  American Express isn't the only credit card company imposing 
mandatory arbitration on its customers. First USA Bank, the largest 
issuer of Visa cards, with 58 million customers, has been doing the 
same thing since 1997. First USA also alerted its cardholders with a 
bill stuffer, containing a condensed set of terms and conditions in 
fine print. The cardholder, by virtue of continuing to use the First 
USA card, gave up the right to go to court, even small claims court, to 
resolve a dispute.
  Mr. President, this growing practice extends beyond credit cards into 
the consumer loan industry. Consumer credit lenders like Green Tree 
Consumer Discount Company are inserting mandatory, binding arbitration 
clauses in their loan agreements. The problem is that these loan 
agreements are usually adhesion contracts, which means that consumers 
must either sign the agreement as is, or forego a loan. In other words, 
consumers lack the bargaining power to have the clause removed. More 
importantly, when signing on the dotted line of the loan agreement, 
consumers may not even understand what mandatory arbitration means. In 
all likelihood, they do not understand that they have just signed away 
a right to go to court to resolve a dispute with the lender.
  It might be argued that if consumers are not pleased with being 
subjected to a mandatory arbitration clause, they can cancel their 
credit card, or not execute on their loan agreement, and take their 
business elsewhere. Unfortunately, that's easier said than done. As I 
mentioned, First USA Bank, the nation's largest Visa card issuer, is 
part of this questionable practice. In fact, the practice is becoming 
so pervasive that consumers may soon no longer have an alternative, 
unless they forego use of a credit card or a consumer loan entirely. 
Consumers should not be forced to make that choice.
  Companies like First USA, American Express and Green Tree argue that 
they rely on mandatory arbitration to resolve disputes faster and 
cheaper than court litigation. The claim may be resolved faster but is 
it really cheaper? Is it as fair as a court of law? I don't think so. 
Arbitration organizations often charge exorbitant fees to the consumer 
who brings a dispute--often an initial filing fee plus hourly fees to 
the arbitrator or arbitrators involved in the case. These costs can be 
much higher than bringing the matter to small claims court and paying a 
court filing fee.
  For example, the National Arbitration Forum, the arbitration entity 
of choice for American Express and First USA charges fees that are 
likely greater than if the consumer brought a dispute in small claims 
court. For a claim of less than $1,000, the National Arbitration Forum 
charges the consumer a $49 filing fee. In contrast, a consumer can 
bring the same claim to small claims court here in the District of 
Columbia for a filing fee of no more than $10. In other words, the 
consumer pays a fee to the National Arbitration Forum that is nearly 
five times more than the fee for filing a case in small claims court.
  That's bad enough, but some other arbitration firms are even more 
expensive. The American Arbitration Association charges a $500 filing 
fee for claims of less than $10,000, or more if the claim exceeds 
$10,000, and a minimum filing fee of $2,000 if the case involves three 
or more arbitrators. In addition to the filing fee, it also charges a 
hearing fee for holding hearings other than the initial hearing--$150 
to be paid by each party for each day of hearings before a single 
arbitrator, or $250 if the hearing is held before an arbitration panel. 
The International Chamber of Commerce requires a $2,500 administrative 
fee plus an arbitrator's fee of at least $2,500, if the claim is less 
than $50,000. These fees are greater if the claim exceeds $50,000. The 
fees could very well be greater than the consumer's claim. So, as you 
can see, a consumer's claim is not necessarily resolved more 
efficiently with arbitration. It is resolved either at greater cost to 
the consumer or not at all, if the consumer cannot afford the costs, or 
the costs outweigh the amount in dispute.
  Another significant problem with mandatory, binding arbitration is 
that the lender gets to decide in advance who the arbitrator will be. 
In the case of American Express and First USA, they have chosen the 
National Arbitration Forum. All credit card disputes with consumers 
involving American Express or First USA are handled by that entity. 
There would seem to be a significant danger that this would result in 
an advantage for the lenders who are ``repeat players.'' After all, if 
the National Arbitration Forum develops a pattern of reaching decisions 
that favor cardholders, American Express or First USA may very well 
decide to take their arbitration business elsewhere. A system where the 
arbitrator has a financial interest in reaching an outcome that favors 
the credit card company is not a fair alternative dispute resolution 
system.
  There has been one important court decision on the enforceability of 
mandatory arbitration provisions in credit card agreements. The case 
arose out of a mandatory arbitration provision announced in mailings to 
Bank of America credit card and deposit account holders. In 1998, the 
California Court of Appeals ruled that the mandatory arbitration 
clauses unilaterally imposed on the Bank's customers were invalid and 
unenforceable. The California Supreme Court refused to review the 
decision of the lower court. As a result, credit card companies in 
California cannot invoke mandatory arbitration in their disputes with 
customers. In fact, the American Express bill stuffer notes that the 
mandatory, binding arbitration provision will not apply to California 
residents until further notice from the company. The California 
appellate court decision was wise and

[[Page S935]]

well-reasoned, but consumers in other states cannot be sure that all 
courts will reach the same conclusion.
  My bill extends the wisdom of the California appellate decision to 
every credit cardholder and consumer loan borrower. It amends the 
Federal Arbitration Act to invalidate mandatory, binding arbitration 
provisions in consumer credit agreements. Now, let me be clear. I 
believe that arbitration can be a fair and efficient way to settle 
disputes. I agree we ought to encourage alternative dispute resolution. 
But I also believe that arbitration is a fair way to settle disputes 
between consumers and lenders only when it is entered into knowingly 
and voluntarily by both parties to the dispute after the dispute has 
arisen. Pre-dispute agreements to take disputes to arbitration cannot 
be voluntary and knowing in the consumer lending context because the 
bargaining power of the parties is so unequal. My bill does not 
prohibit arbitration of consumer credit transactions. It merely 
prohibits mandatory, binding arbitration provisions in consumer credit 
agreements.
  Credit card companies and consumer credit lenders are increasingly 
slamming the courthouse doors shut on consumers, often unbeknownst to 
them. This is grossly unjust. We need to restore fairness to the 
resolution of consumer credit disputes. I urge my colleagues to support 
the Consumer Credit Fair Dispute Resolution Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  The bill follows:

                                S. 2117

       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 ``Consumer Credit Fair Dispute 
     Resolution Act of 2000''.

     SEC. 2. CONSUMER CREDIT TRANSACTIONS.

       (a) Definition.--Section 1 of title 9, United States Code, 
     is amended--
       (1) in the section heading, by striking ``and `commerce' 
     defined'' and inserting ``, `commerce', `consumer credit 
     transaction', and `consumer credit contract' defined''; and
       (2) by inserting before the period at the end the 
     following: ``; `consumer credit transaction', as herein 
     defined, means the right granted to a natural person to incur 
     debt and defer its payment, where the credit is intended 
     primarily for personal, family, or household purposes; and 
     `consumer credit contract', as herein defined, means any 
     contract between the parties to a consumer credit 
     transaction.''.
       (b) Agreements To Arbitrate.--Section 2 of title 9, United 
     States Code, is amended by adding at the end the following: 
     ``Notwithstanding the preceding sentence, a written provision 
     in any consumer credit contract evidencing a transaction 
     involving commerce to settle by arbitration a controversy 
     thereafter arising out of the contract, or the refusal to 
     perform the whole or any part thereof, shall not be valid or 
     enforceable. Nothing in this section shall prohibit the 
     enforcement of any written agreement to settle by arbitration 
     a controversy arising out of a consumer credit contract, if 
     such written agreement has been entered into by the parties 
     to the consumer credit contract after the controversy has 
     arisen.''.
                                 ______
                                 
      By Mr. CRAPO (for himself and Mr. McCONNELL):
  S. 2118. A bill to amend Title VIII of the Elementary and Secondary 
Education Act of 1964 to modify the computation of certain weighted 
student units; to the Committee on Health, Education, Labor, and 
Pensions.
                                 ______
                                 
      By Mr. CRAPO:
  S. 2119. A bill to amend the Elementary and Secondary Education Act 
of 1965 to improve training for teachers in the use of technology; to 
the Committee on Health, Education, Labor, and Pensions.
  S. 2120. A bill to amend the Elementary and Secondary Education Act 
of 1965 to establish teacher recruitment and professional development 
programs for rural areas, and for other purposes; to the Committee on 
Health, Education, Labor, and Pensions.
  S. 2121. A bill to provide for rural education assistance, and for 
other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  S. 2122. A bill to amend the Elementary and Secondary Education Act 
of 1965 to improve provisions relating to initial teaching experiences 
and alternative routes to certification; to the Committee on Health, 
Education, Labor, and Pensions.


                         impact aid legislation

  Mr. CRAPO.  Mr. President, I rise today in support of the 
reauthorization of the Elementary and Secondary Education Act (ESEA) 
and am pleased to be introducing five bills that will benefit teachers 
and students all across this Nation. Collectively, these measures 
create a package of fundamental reform to the ESEA bill. These pieces 
of legislation complement existing programs that have proven to work 
successfully in schools and they provide assistance and support in 
areas where educators have expressed the greatest need. And these 
measures represent my commitment to improving the quality of education 
so that all of our children can achieve their greatest potential.

  First, I am introducing a measure to strengthen the Federal Impact 
Aid program. Specifically, my bill, which is supported by the National 
Association of Federally Impacted Schools, recommends increasing the 
weighted Federal student units for off-base military children and for 
civilian dependent children. Knowing that Impact Aid funds help 1.6 
million federally-connected children, as well as 1,600 school districts 
serving over 17 million students, I am confident that my colleagues in 
the Senate support increases in funding for the Impact Aid program. But 
some of them may not be familiar with the formulas by which these funds 
are distributed to schools. Changing the computation of repayment will 
assure that funds will be distributed in a more equitable manner, 
reflecting the composition of local education agencies.
  The simple changes, which I am proposing, will benefit children in 
schools where the loss of local property taxes due to a large Federal 
presence has placed an extra burden on local taxpayers. We must make up 
the difference for all the children in the Impact Aid program, not just 
a select few.
  The second bill that I am proposing would build on the strong 
educational technology infrastructure already in place in school 
districts in nearly every state. As you know, education technology can 
significantly improve student achievement. Congress has recognized this 
fact by continually voting to dramatically increase funding for 
education technology. In fact, in just the programs under ESEA, federal 
support has grown from $52.6 million in Fiscal Year 1995, to $698 
million just four years later.
  But we need to do more than simply place computers in classrooms. We 
need to provide our educators with the skills they need to incorporate 
evolving educational technology in the classroom. My bill does exactly 
that. It will encourage states to develop and implement professional 
development programs that train teachers in the use of technology in 
the classroom. Effective teaching strategies must incorporate 
educational technology if we are to ensure that all children have the 
skills they need to compete in a high-tech workplace. An investment in 
professional development for our teachers is an investment in our 
children and our future.

  Third, continuing on the lines of professional development, I am 
introducing a bill that outlines the essential components of mentoring 
programs that would improve the experience of new teachers and reduce 
the high turn-over currently seen among beginning teachers. My 
legislation will ensure program quality and accountability by providing 
that teachers mentor their peers who teach the same subject. The 
mentoring programs that are created in this legislation must comply 
with state standards. Additionally, the bill will provide incentives, 
and grant states the flexibility to create alternative teacher 
certification and licensure programs, to recruit well-educated and 
talented people into the teacher profession.
  The recruitment and retention of good teachers is paramount to 
improving our national education system. Mentor programs provide 
teachers with the support of a senior colleague. And under the 
supervision and guidance of a colleague, teachers are able to develop 
skills and achieve a higher level of proficiency. The confidence and 
experience gained during this time will improve the quality of 
instruction, which in turn will improve overall student achievement.
  Fourth, attracting and retaining quality teachers is a difficult 
task, especially in rural impoverished areas. As a result, teacher 
shortages and high turnover are commonplace in rural

[[Page S936]]

communities in almost every state in the nation. The fourth education 
bill I am introducing today would allow the Secretary of Education to 
direct a portion of the general funds in ESEA to rural impoverished 
areas. Under this proposal, a needy rural school district could prevent 
the exodus of qualified teachers by first creating incentive programs 
to retain teachers; second, improve the quality of the teacher through 
enhanced professional development; and, third, hire new teachers. This 
bill recognizes the unique challenges facing rural school districts and 
allows them the option of addressing these challenges.
  The final bill, is the only one being introduced today with an 
authorization for appropriation. It makes Federal grant programs more 
flexible in order to help school districts in rural communities. Under 
this provision, districts would be able to combine the funds from 
specified programs and use the money to support local or statewide 
education reform efforts intended to improve the achievement of 
elementary school and secondary school students and the quality of 
instruction provided. This measure asks for an authorization of $125 
million for small rural and poor rural schools--a small price that 
could produce large results.
  The goal of these bills, which I have briefly outlined, are 
threehold: 1) to provide teachers with the tools to grow as 
professionals; 2) to assist rural school districts so that they may 
compete competitively with other school districts that oftentimes have 
more money and resources; and, (3) to provide every child with 
unsurpassed education opportunities. Together, these are the keys to 
our children's success.

  In reauthorizing ESEA, Congress has an extraordinary opportunity to 
change the course of education. We must embrace this opportunity by 
supporting creative and innovative reform proposals, like the ones that 
I have introduced here today. I am committed to working in the best 
interest of our children to develop an education system that is the 
best in the world. These bills move us in the right direction and I 
hope my colleagues will join me in supporting these measures. I urge 
the Senate Health, Education, Labor, and Pensions Committee to 
incorporate these provisions into the upcoming ESEA bill.
                                 ______
                                 
      By Ms. LANDRIEU (for herself, Mr. Murkowski, Mr. Lott, Mr. 
        Breaux, and Mrs. Feinstein):
  S. 2123. A bill to provide Outer Continental Shelf Impact assistance 
to State and local governments, to amend the Land and Water 
Conservation Fund Act of 1965, the Urban Park and Recreation Recovery 
Act of 1978, and the Federal Aid in Wildlife Restoration Act (commonly 
referred to as the Pittman-Robertson Act) to establish a fund to meet 
the outdoor conservation and recreation needs of the American people, 
and for other purposes; to the Committee on Energy and Natural 
Resources.


               conservation and reinvestment act of 1999

  Ms. LANDRIEU. Mr. President, on Thursday February 17th, the House 
Resources Committee filed their report on a historic piece of 
legislation, the Conservation and Reinvestment Act, H.R. 701 which 
would reinvest a portion of offshore oil and gas revenues in coastal 
conservation and impact assistance programs,the Land and Water 
Conservation Fund, wildlife conservation, historic treasures and 
outdoor recreation. This remarkable compromise was developed by 
Congressmen Don Young, George Miller, Billy Tauzin, John Dingell, Chris 
John, Bruce Vento, and Tom Udall and was passed by the House Resources 
Committee by a vote of 37-12 on November 10, 1999. To date, the bill 
has accumulated over 300 co-sponsors. Hopefully, this legislation will 
be considered by the full House sometime this Spring.
  The H.R. 701 compromise is a companion to the Senate version of the 
Conservation and Reinvestment Act, S. 25. Today I would like to 
acknowledge the remarkable work done by Mr. Young, Mr. Miller, Mr. 
Tauzin, Mr. Dingell, Mr. John, Mr. Vento, and Mr. Udall as I, along 
with Senators Murkowski, Lott, Breaux and Feinstein introduce the H.R. 
701 compromise in the Senate. While I would like to take a moment to 
note that there are some provisions of S. 25 that I along with several 
other co-sponsors strongly believe need to be incorporated into H.R. 
701, today I am introducing the exact version that the House Resources 
Committee reported out on February 17th.
  This compelling and balanced bi-partisan proposal: will provide a 
fair share of funding to all coastal states, including producing 
states; is free of harmful environmental impacts to coastal and ocean 
resources; does not unduly hinder land acquisition yet acknowledges 
Congress' role in making these decisions; reflects a true partnership 
among federal, state and local governments and reinvests in the 
renewable resource of wildlife conservation through the currently 
authorized Pittman-Robertson program by nearly doubling the Federal 
funds available for wildlife conservation and education programs.
  This legislation provides $2.8 billion for seven district 
reinvestment programs. Title I authorizes $1 billion for Impact 
Assistance and Coastal Conservation by creating a revenue sharing and 
coastal conservation fund for coastal states and eligible local 
governments to mitigate the various impacts of OCS activities while 
providing funds for the conservation of our coastal ecosystems. In 
addition, the funds of Title I will support sustainable development of 
nonrenewable resources without providing incentives for new oil and gas 
development. All coastal states and territories will benefit from 
coastal impact assistance under this legislation, not just those states 
that host federal OCS oil and gas development. Title II guarantees 
stable and annual funding for the state and federal sides of the Land 
and Water Conservation Fund (LWCF) at its authorized $900 million level 
while protecting the rights of private property rights owners. The bill 
will restore Congressional intent with respect to the LWCF, the goal of 
which is to share a significant portion of revenues from offshore 
development with the states to provide for protection and public use of 
the natural environment. Title III establishes a Wildlife Conservation 
and Restoration Fund at $350 million through the successful program of 
Pittman-Robertson by reinvesting the development of nonrenewable 
resources into a renewable resource of wildlife conservation and 
education. This new source of funding will nearly double the Federal 
funds available for wildlife conservation. This program enjoys a great 
deal of support and would be enhanced without imposing new taxes. Title 
IV provides $125 million for the Urban Parks and Recreation Recovery 
program through matching grants to local governments to rehabilitate 
and develop recreation programs, sites and facilities. The Urban Parks 
and Recreation program would enable cities and towns to focus on the 
needs of its populations within our more densely inhabited areas with 
fewer greenspaces, playgrounds and soccer fields for our youth. Stable 
funding will provide greater revenue certainty to state and local 
planning authorities. Title V provides $100 million for a Historic 
Preservation Fund through the programs of the Historic Preservation 
Act, including grants to the States, maintaining the National Register 
of Historic Places and administering numerous historic preservation 
programs. Title VI provides $200 million for Federal and Indian Lands 
Restoration through a coordinated program on Federal and Indian lands 
to restore degraded lands, protect resources that are threatened with 
degradation and protect public health and safety. Title VII provides 
$150 million for Conservation Easements and Species Recovery through 
annual and dedicated funding for conservation easements and funding for 
landowner incentives to aid in the recovery of endangered and 
threatened species. Finally, there is up to $200 million available for 
the Payment In-Lieu of Taxes (PILT) program through the annual interest 
generated from the CARA fund.

  The time has come to take the proceeds from a non-renewable resource 
for the purpose of reinvesting a portion of these revenues in the 
conservation and enhancement of our renewable resources. To continue to 
do otherwise, as we have over the last fifty years, is fiscally 
irresponsible. I want to thank the chairman of the Senate Energy 
Committee, Senator Murkowski, the majority leader, Senator Lott, my 
colleague from Louisiana, Senator Breaux as well as the other co-
sponsors of S. 25 for all their continued

[[Page S937]]

support and efforts in attempting to enact what may well be the most 
significant conservation effort of the century. I look forward to 
continue working with the other members of the Energy Committee on this 
legislation this year so that we may reach a compromise and give the 
country a true legacy for generations to come.
  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. 2123

       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 ``Conservation and 
     Reinvestment Act of 1999''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Annual reports.
Sec. 5. Conservation and Reinvestment Act Fund.
Sec. 6. Limitation on use of available amounts for administration.
Sec. 7. Budgetary treatment of receipts and disbursements.
Sec. 8. Recordkeeping requirements.
Sec. 9. Maintenance of effort and matching funding.
Sec. 10. Sunset.
Sec. 11. Protection of private property rights.
Sec. 12. Signs.

          TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION

Sec. 101. Impact assistance formula and payments.
Sec. 102. Coastal State conservation and impact assistance plans.

       TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

Sec. 201. Amendment of Land and Water Conservation Fund Act of 1965.
Sec. 202. Extension of fund; treatment of amounts transferred from 
              Conservation and Reinvestment Act Fund.
Sec. 203. Availability of amounts.
Sec. 204. Allocation of Fund.
Sec. 205. Use of Federal portion.
Sec. 206. Allocation of amounts available for State purposes.
Sec. 207. State planning.
Sec. 208. Assistance to States for other projects.
Sec. 209. Conversion of property to other use.
Sec. 210. Water rights.

            TITLE III--WILDLIFE CONSERVATION AND RESTORATION

Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Treatment of amounts transferred from Conservation and 
              Reinvestment Act Fund.
Sec. 304. Apportionment of amounts transferred from Conservation and 
              Reinvestment Act Fund.
Sec. 305. Education.
Sec. 306. Prohibition against diversion.

    TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

Sec. 401. Amendment of Urban Park and Recreation Recovery Act of 1978.
Sec. 402. Purpose.
Sec. 403. Treatment of amounts transferred from Conservation and 
              Reinvestment Act Fund.
Sec. 404. Authority to develop new areas and facilities.
Sec. 405. Definitions.
Sec. 406. Eligibility.
Sec. 407. Grants.
Sec. 408. Recovery action programs.
Sec. 409. State action incentives.
Sec. 410. Conversion of recreation property.
Sec. 411. Repeal.

                  TITLE V--HISTORIC PRESERVATION FUND

Sec. 501. Treatment of amounts transferred from Conservation and 
              Reinvestment Act Fund.
Sec. 502. State use of historic preservation assistance for national 
              heritage areas and corridors.

             TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

Sec. 601. Purpose.
Sec. 602. Treatment of amounts transferred from Conservation and 
              Reinvestment Act Fund; allocation.
Sec. 603. Authorized uses of transferred amounts.
Sec. 604. Indian tribe defined.

TITLE VII--CONSERVATION EASEMENTS AND ENDANGERED AND THREATENED SPECIES 
                                RECOVERY

                   Subtitle A--Conservation Easements

Sec. 701. Purpose.
Sec. 702. Treatment of amounts transferred from Conservation and 
              Reinvestment Act Fund.
Sec. 703. Authorized uses of transferred amounts.
Sec. 704. Conservation Easement Program.

         Subtitle B--Endangered and Threatened Species Recovery

Sec. 711. Purposes.
Sec. 712. Treatment of amounts transferred from Conservation and 
              Reinvestment Act Fund.
Sec. 713. Endangered and threatened species recovery assistance.
Sec. 714. Endangered and Threatened Species Recovery Agreements.
Sec. 715. Definitions.

     SEC. 3. DEFINITIONS.

       For purposes of this Act:
       (1) The term ``coastal population'' means the population of 
     all political subdivisions, as determined by the most recent 
     official data of the Census Bureau, contained in whole or in 
     part within the designated coastal boundary of a State as 
     defined in a State's coastal zone management program under 
     the Coastal Zone Management Act (16 U.S.C. 1451 and 
     following).
       (2) The term ``coastal political subdivision'' means a 
     political subdivision of a coastal State all or part of which 
     political subdivision is within the coastal zone (as defined 
     in section 304 of the Coastal Zone Management Act (16 U.S.C. 
     1453)).
       (3) The term ``coastal State'' has the same meaning as 
     provided by section 304 of the Coastal Zone Management Act 
     (16 U.S.C. 1453)).
       (4) The term ``coastline'' has the same meaning that it has 
     in the Submerged Lands Act (43 U.S.C. 1301 and following).
       (5) The term ``distance'' means minimum great circle 
     distance, measured in statute miles.
       (6) The term ``fiscal year'' means the Federal Government's 
     accounting period which begins on October 1st and ends on 
     September 30th, and is designated by the calendar year in 
     which it ends.
       (7) The term ``Governor'' means the highest elected 
     official of a State or of any other political entity that is 
     defined as, or treated as, a State under the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and 
     following), the Act of September 2, 1937 (16 U.S.C. 669 and 
     following), commonly referred to as the Federal Aid in 
     Wildlife Restoration Act or the Pittman-Robertson Act, the 
     Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 
     2501 and following), the National Historic Preservation Act 
     (16 U.S.C. 470h and following), or the Federal Agriculture 
     Improvement and Reform Act of 1996 (Public Law 104-127; 16 
     U.S.C. 3830 note).
       (8) The term ``leased tract'' means a tract, leased under 
     section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1337) for the purpose of drilling for, developing, and 
     producing oil and natural gas resources, which is a unit 
     consisting of either a block, a portion of a block, a 
     combination of blocks or portions of blocks, or a combination 
     of portions of blocks, as specified in the lease, and as 
     depicted on an Outer Continental Shelf Official Protraction 
     Diagram.
       (9) The term ``Outer Continental Shelf'' means all 
     submerged lands lying seaward and outside of the area of 
     ``lands beneath navigable waters'' as defined in section 2(a) 
     of the Submerged Lands Act (43 U.S.C. 1301(a)), and of which 
     the subsoil and seabed appertain to the United States and are 
     subject to its jurisdiction and control.
       (10) The term ``political subdivision'' means the local 
     political jurisdiction immediately below the level of State 
     government, including counties, parishes, and boroughs. If 
     State law recognizes an entity of general government that 
     functions in lieu of, and is not within, a county, parish, or 
     borough, the Secretary may recognize an area under the 
     jurisdiction of such other entities of general government as 
     a political subdivision for purposes of this title.
       (11) The term ``producing State'' means a State with a 
     coastal seaward boundary within 200 miles from the geographic 
     center of a leased tract other than a leased tract or portion 
     of a leased tract that is located in a geographic area 
     subject to a leasing moratorium on January 1, 1999 (unless 
     the lease was issued prior to the establishment of the 
     moratorium and was in production on January 1, 1999).
       (12) The term ``qualified Outer Continental Shelf 
     revenues'' means (except as otherwise provided in this 
     paragraph) all moneys received by the United States from each 
     leased tract or portion of a leased tract lying seaward of 
     the zone defined and governed by section 8(g) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1337(g)), or lying 
     within such zone but to which section 8(g) does not apply, 
     the geographic center of which lies within a distance of 200 
     miles from any part of the coastline of any coastal State, 
     including bonus bids, rents, royalties (including payments 
     for royalty taken in kind and sold), net profit share 
     payments, and related late-payment interest from natural gas 
     and oil leases issued pursuant to the Outer Continental Shelf 
     Lands Act. Such term does not include any revenues from a 
     leased tract or portion of a leased tract that is located in 
     a geographic area subject to a leasing moratorium on January 
     1, 1999, unless the lease was issued prior to the 
     establishment of the moratorium and was in production on 
     January 1, 1999.
       (13) The term ``Secretary'' means the Secretary of the 
     Interior or the Secretary's designee, except as otherwise 
     specifically provided.
       (14) The term ``Fund'' means the Conservation and 
     Reinvestment Act Fund established under section 5.

     SEC. 4. ANNUAL REPORTS.

       (a) State Reports.--On June 15 of each year, each Governor 
     receiving moneys from

[[Page S938]]

     the Fund shall account for all moneys so received for the 
     previous fiscal year in a written report to the Secretary of 
     the Interior or the Secretary of Agriculture, as appropriate. 
     The report shall include, in accordance with regulations 
     prescribed by the Secretaries, a description of all projects 
     and activities receiving funds under this Act. In order to 
     avoid duplication, such report may incorporate by reference 
     any other reports required to be submitted under other 
     provisions of law to the Secretary concerned by the Governor 
     regarding any portion of such moneys.
       (b) Report to Congress.--On January 1 of each year the 
     Secretary of the Interior, in consultation with the Secretary 
     of Agriculture, shall submit an annual report to the Congress 
     documenting all moneys expended by the Secretary of the 
     Interior and the Secretary of Agriculture from the Fund 
     during the previous fiscal year and summarizing the contents 
     of the Governors' reports submitted to the Secretaries under 
     subsection (a).

     SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.

       (a) Establishment of Fund.--There is established in the 
     Treasury of the United States a fund which shall be known as 
     the ``Conservation and Reinvestment Act Fund''. In each 
     fiscal year after the fiscal year 2000, the Secretary of the 
     Treasury shall deposit into the Fund the following amounts:
       (1) OCS revenues.--An amount in each such fiscal year from 
     qualified Outer Continental Shelf revenues equal to the 
     difference between $2,825,000,000 and the amounts deposited 
     in the Fund under paragraph (2), notwithstanding section 9 of 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1338).
       (2) Amounts not disbursed.--All allocated but undisbursed 
     amounts returned to the Fund under section 101(a)(2).
       (3) Interest.--All interest earned under subsection (d) 
     that is not made available under paragraph (2) or (4) of that 
     subsection.
       (b) Transfer for Expenditure.--In each fiscal year after 
     the fiscal year 2001, the Secretary of the Treasury shall 
     transfer amounts deposited into the Fund as follows:
       (1) $1,000,000,000 to the Secretary of the Interior for 
     purposes of making payments to coastal States under title I 
     of this Act.
       (2) To the Land and Water Conservation Fund for expenditure 
     as provided in section 3(a) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6(a)) such 
     amounts as are necessary to make the income of the fund 
     $900,000,000 in each such fiscal year.
       (3) $350,000,000 to the Federal aid to wildlife restoration 
     fund established under section 3 of the Federal Aid in 
     Wildlife Restoration Act (16 U.S.C. 669b).
       (4) $125,000,000 to the Secretary of the Interior to carry 
     out the Urban Park and Recreation Recovery Act of 1978 (16 
     U.S.C. 2501 and following).
       (5) $100,000,000 to the Secretary of the Interior to carry 
     out the National Historic Preservation Act (16 U.S.C. 470 and 
     following).
       (6) $200,000,000 to the Secretary of the Interior and the 
     Secretary of Agriculture to carry out title VI of this Act.
       (7) $150,000,000 to the Secretary of the Interior to carry 
     out title VII of this Act with (A) $100,000,000 of such 
     amount transferred to the Secretary of the Interior for 
     purposes of subtitle A of title VII and (B) $50,000,000 of 
     such amount transferred to the Secretary of the Interior for 
     purposes of subtitle B of title VII.
       (c) Shortfall.--If amounts deposited into the Fund in any 
     fiscal year after the fiscal year 2000 are less than 
     $2,825,000,000, the amounts transferred under paragraphs (1) 
     through (7) of subsection (b) for that fiscal year shall each 
     be reduced proportionately.
       (d) Interest.--
       (1) In general.--The Secretary of the Treasury shall invest 
     moneys in the Fund in public debt securities with maturities 
     suitable to the needs of the Fund, as determined by the 
     Secretary of the Treasury, and bearing interest at rates 
     determined by the Secretary of the Treasury, taking into 
     consideration current market yields on outstanding marketable 
     obligations of the United States of comparable maturity.
       (2) Use of interest.--Except as provided in paragraphs (3) 
     and (4), interest earned on such moneys shall be available, 
     without further appropriation, for obligation or expenditure 
     under--
       (A) chapter 69 of title 31 of the United States Code 
     (relating to PILT), and
       (B) section 401 of the Act of June 15, 1935 (49 Stat. 383; 
     16 U.S.C. 715s) (relating to refuge revenue sharing).

     In each fiscal year such interest shall be allocated between 
     the programs referred to in subparagraph (A) and (B) in 
     proportion to the amounts authorized and appropriated for 
     that fiscal year under other provisions of law for purposes 
     of such programs.
       (3) Ceiling on expenditures of interest.--Amounts made 
     available under paragraph (2) in each fiscal year shall not 
     exceed the lesser of the following:
       (A) $200,000,000.
       (B) The total amount authorized and appropriated for that 
     fiscal year under other provisions of law for purposes of the 
     programs referred to in subparagraphs (A) and (B) of 
     paragraph (2).
       (4) Title iii interest.--All interest attributable to 
     amounts transferred by the Secretary of the Treasury to the 
     Secretary of the Interior for purposes of title III of this 
     Act (and the amendments made by such title III) shall be 
     available, without further appropriation, for obligation or 
     expenditure for purposes of the North American Wetlands 
     Conservation Act of 1989 (16 U.S.C. 4401 and following)
       (e) Refunds.--In those instances where through judicial 
     decision, administrative review, arbitration, or other means 
     there are royalty refunds owed to entities generating 
     revenues under this title, such refunds shall be paid by the 
     Secretary of the Treasury from amounts available in the Fund.

     SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR 
                   ADMINISTRATION.

       Notwithstanding any other provision of law, of amounts made 
     available by this Act (including the amendments made by this 
     Act) for a particular activity, not more than 2 percent may 
     be used for administrative expenses of that activity. Nothing 
     in this section shall affect the prohibition contained in 
     section 4(c)(3) of the Federal Aid in Wildlife Restoration 
     Act (as amended by this Act).

     SEC. 7. BUDGETARY TREATMENT OF RECEIPTS AND DISBURSEMENTS.

       Notwithstanding any other provision of law, the receipts 
     and disbursements of funds under this Act and the amendments 
     made by this Act--
       (1) shall not be counted as new budget authority, outlays, 
     receipts, or deficit or surplus for purposes of--
       (A) the budget of the United States Government as submitted 
     by the President;
       (B) the congressional budget (including allocations of 
     budget authority and outlays provided therein); or
       (C) the Balanced Budget and Emergency Deficit Control Act 
     of 1985; and
       (2) shall be exempt from any general budget limitation 
     imposed by statute on expenditures and net lending (budget 
     outlays) of the United States Government.

     SEC. 8. RECORDKEEPING REQUIREMENTS.

       The Secretary of the Interior in consultation with the 
     Secretary of Agriculture shall establish such rules regarding 
     recordkeeping by State and local governments and the auditing 
     of expenditures made by State and local governments from 
     funds made available under this Act as may be necessary. Such 
     rules shall be in addition to other requirements established 
     regarding recordkeeping and the auditing of such expenditures 
     under other authority of law.

     SEC. 9. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

       (a) In General.--Except as provided in subsection (b), no 
     State or local government shall receive any funds under this 
     Act during any fiscal year when its expenditures of non-
     Federal funds for recurrent expenditures for programs for 
     which funding is provided under this Act will be less than 
     its expenditures were for such programs during the preceding 
     fiscal year. No State or local government shall receive any 
     funding under this Act with respect to a program unless the 
     Secretary is satisfied that such a grant will be so used to 
     supplement and, to the extent practicable, increase the level 
     of State, local, or other non-Federal funds available for 
     such program. In order for the Secretary to provide funding 
     under this Act in a timely manner each fiscal year, the 
     Secretary shall compare a State or local government's 
     prospective expenditure level to that of its second preceding 
     fiscal year.
       (b) Exception.--The Secretary may provide funding under 
     this Act to a State or local government not meeting the 
     requirements of subsection (a) if the Secretary determines 
     that a reduction in expenditures is attributable to a non-
     selective reduction in the expenditures in the programs of 
     all Executive branch agencies of the State or local 
     government.
       (c) Use of Fund To Meet Matching Requirements.--All funds 
     received by a State or local government under this Act shall 
     be treated as Federal funds for purposes of compliance with 
     any provision in effect under any other law requiring that 
     non-Federal funds be used to provide a portion of the funding 
     for any program or project.

     SEC. 10. SUNSET.

       This Act, including the amendments made by this Act, shall 
     have no force or effect after September 30, 2015.

     SEC. 11. PROTECTION OF PRIVATE PROPERTY RIGHTS.

       (a) Savings Clause.--Nothing in the Act shall authorize 
     that private property be taken for public use, without just 
     compensation as provided by the Fifth and Fourteenth 
     amendments to the United States Constitution.
       (b) Regulation.--Federal agencies, using funds appropriated 
     by this Act, may not apply any regulation on any lands until 
     the lands or water, or an interest therein, is acquired, 
     unless authorized to do so by another Act of Congress.

     SEC. 12. SIGNS.

       (a) In General.--The Secretary shall require, as a 
     condition of any financial assistance provided with amounts 
     made available by this Act, that the person that owns or 
     administers any site that benefits from such assistance 
     shall include on any sign otherwise installed at that site 
     at or near an entrance or public use focal point, a 
     statement that the existence or development of the site 
     (or both), as appropriate, is a product of such 
     assistance.
       (b) Standards.--The Secretary shall provide for the design 
     of standardized signs for purposes of subsection (a), and 
     shall prescribe standards and guidelines for such signs.

[[Page S939]]

          TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION

     SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

       (a) Impact Assistance Payments to States.--
       (1) Grant program.--Amounts transferred to the Secretary of 
     the Interior from the Conservation and Reinvestment Act Fund 
     under section 5(b)(1) of this Act for purposes of making 
     payments to coastal States under this title in any fiscal 
     year shall be allocated by the Secretary of the Interior 
     among coastal States as provided in this section in each such 
     fiscal year. In each such fiscal year, the Secretary of the 
     Interior shall, without further appropriation, disburse such 
     allocated funds to those coastal States for which the 
     Secretary has approved a Coastal State Conservation and 
     Impact Assistance Plan as required by this title. Payments 
     for all projects shall be made by the Secretary to the 
     Governor of the State or to the State official or agency 
     designated by the Governor or by State law as having 
     authority and responsibility to accept and to administer 
     funds paid hereunder. No payment shall be made to any State 
     until the State has agreed to provide such reports to the 
     Secretary, in such form and containing such information, as 
     may be reasonably necessary to enable the Secretary to 
     perform his duties under this title, and provide such fiscal 
     control and fund accounting procedures as may be necessary to 
     assure proper disbursement and accounting for Federal 
     revenues paid to the State under this title.
       (2) Failure to have plan approved.--At the end of each 
     fiscal year, the Secretary shall return to the Conservation 
     and Reinvestment Act Fund any amount that the Secretary 
     allocated, but did not disburse, in that fiscal year to a 
     coastal State that does not have an approved plan under this 
     title before the end of the fiscal year in which such grant 
     is allocated, except that the Secretary shall hold in escrow 
     until the final resolution of the appeal any amount 
     allocated, but not disbursed, to a coastal State that has 
     appealed the disapproval of a plan submitted under this 
     title.
       (b) Allocation Among Coastal States.--
       (1) Allocable share for each state.--For each coastal 
     State, the Secretary shall determine the State's allocable 
     share of the total amount of the revenues transferred from 
     the Fund under section 5(b)(1) for each fiscal year using the 
     following weighted formula:
       (A) 50 percent of such revenues shall be allocated among 
     the coastal States as provided in paragraph (2).
       (B) 25 percent of such revenues shall be allocated to each 
     coastal State based on the ratio of each State's shoreline 
     miles to the shoreline miles of all coastal States.
       (C) 25 percent of such revenues shall be allocated to each 
     coastal State based on the ratio of each State's coastal 
     population to the coastal population of all coastal States.
       (2) Offshore outer continental shelf share.--If any portion 
     of a producing State lies within a distance of 200 miles from 
     the geographic center of any leased tract, the Secretary of 
     the Interior shall determine such State's allocable share 
     under paragraph (1)(A) based on the formula set forth in this 
     paragraph. Such State share shall be calculated as of the 
     date of the enactment of this Act for the first 5-fiscal year 
     period during which funds are disbursed under this title and 
     recalculated on the anniversary of such date each fifth year 
     thereafter for each succeeding 5-fiscal year period. Each 
     such State's allocable share of the revenues disbursed under 
     paragraph (1)(A) shall be inversely proportional to the 
     distance between the nearest point on the coastline of such 
     State and the geographic center of each leased tract or 
     portion of the leased tract (to the nearest whole mile) that 
     is within 200 miles of that coastline, as determined by the 
     Secretary for the 5-year period concerned. In applying this 
     paragraph a leased tract or portion of a leased tract shall 
     be excluded if the tract or portion is located in a 
     geographic area subject to a leasing moratorium on January 1, 
     1999, unless the lease was issued prior to the establishment 
     of the moratorium and was in production on January 1, 1999.
       (3) Minimum state share.--
       (A) In general.--The allocable share of revenues determined 
     by the Secretary under this subsection for each coastal State 
     with an approved coastal management program (as defined by 
     the Coastal Zone Management Act (16 U.S.C. 1451)), or which 
     is making satisfactory progress toward one, shall not be less 
     in any fiscal year than 0.50 percent of the total amount of 
     the revenues transferred by the Secretary of the Treasury to 
     the Secretary of the Interior for purposes of this title for 
     that fiscal year under subsection (a). For any other coastal 
     State the allocable share of such revenues shall not be less 
     than 0.25 percent of such revenues.
       (B) Recomputation.--Where one or more coastal States' 
     allocable shares, as computed under paragraphs (1) and (2), 
     are increased by any amount under this paragraph, the 
     allocable share for all other coastal States shall be 
     recomputed and reduced by the same amount so that not more 
     than 100 percent of the amount transferred by the Secretary 
     of the Treasury to the Secretary of the Interior for purposes 
     of this title for that fiscal year under section 5(b)(1) is 
     allocated to all coastal States. The reduction shall be 
     divided pro rata among such other coastal States.
       (c) Payments to Political Subdivisions.--In the case of a 
     producing State, the Governor of the State shall pay 50 
     percent of the State's allocable share, as determined under 
     subsection (b), to the coastal political subdivisions in such 
     State. Such payments shall be allocated among such coastal 
     political subdivisions of the State according to an 
     allocation formula analogous to the allocation formula 
     used in subsection (b) to allocate revenues among the 
     coastal States, except that a coastal political 
     subdivision in the State of California that has a coastal 
     shoreline, that is not within 200 miles of the geographic 
     center of a leased tract or portion of a leased tract, and 
     in which there is located one or more oil refineries shall 
     be eligible for that portion of the allocation described 
     in subsection (b)(1)(A) and (b)(2) in the same manner as 
     if that political subdivision were located within a 
     distance of 50 miles from the geographic center of any 
     leased tract.
       (d) Time of Payment.--Payments to coastal States and 
     coastal political subdivisions under this section shall be 
     made not later than December 31 of each year from revenues 
     received during the immediately preceding fiscal year.

     SEC. 102. COASTAL STATE CONSERVATION AND IMPACT ASSISTANCE 
                   PLANS.

       (a) Development and Submission of State Plans.--Each 
     coastal State seeking to receive grants under this title 
     shall prepare, and submit to the Secretary, a Statewide 
     Coastal State Conservation and Impact Assistance Plan. In the 
     case of a producing State, the Governor shall incorporate the 
     plans of the coastal political subdivisions into the 
     Statewide plan for transmittal to the Secretary. The Governor 
     shall solicit local input and shall provide for public 
     participation in the development of the Statewide plan. The 
     plan shall be submitted to the Secretary by April 1 of the 
     calendar year after the calendar year in which this Act is 
     enacted.
       (b) Approval or Disapproval.--
       (1) In general.--Approval of a Statewide plan under 
     subsection (a) is required prior to disbursement of funds 
     under this title by the Secretary. The Secretary shall 
     approve the Statewide plan if the Secretary determines, in 
     consultation with the Secretary of Commerce, that the plan is 
     consistent with the uses set forth in subsection (c) and if 
     the plan contains each of the following:
       (A) The name of the State agency that will have the 
     authority to represent and act for the State in dealing with 
     the Secretary for purposes of this title.
       (B) A program for the implementation of the plan which, for 
     producing States, includes a description of how funds will be 
     used to address the impacts of oil and gas production from 
     the Outer Continental Shelf.
       (C) Certification by the Governor that ample opportunity 
     has been accorded for public participation in the development 
     and revision of the plan.
       (D) Measures for taking into account other relevant Federal 
     resources and programs. The plan shall be correlated so far 
     as practicable with other State, regional, and local plans.
       (2) Procedure and timing; revisions.--The Secretary shall 
     approve or disapprove each plan submitted in accordance with 
     this section. If a State first submits a plan by not later 
     than 90 days before the beginning of the first fiscal year to 
     which the plan applies, the Secretary shall approve or 
     disapprove the plan by not later than 30 days before the 
     beginning of that fiscal year.
       (3) Amendment or revision.--Any amendment to or revision of 
     the plan shall be prepared in accordance with the 
     requirements of this subsection and shall be submitted to the 
     Secretary for approval or disapproval. Any such amendment or 
     revision shall take effect only for fiscal years after the 
     fiscal year in which the amendment or revision is approved by 
     the Secretary.
       (c) Authorized Uses of State Grant Funding.--The funds 
     provided under this title to a coastal State and for coastal 
     political subdivisions are authorized to be used only for one 
     or more of the following purposes:
       (1) Data collection, including but not limited to fishery 
     or marine mammal stock surveys in State waters or both, 
     cooperative State, interstate, and Federal fishery or marine 
     mammal stock surveys or both, cooperative initiatives with 
     university and private entities for fishery and marine mammal 
     surveys, activities related to marine mammal and fishery 
     interactions, and other coastal living marine resources 
     surveys.
       (2) The conservation, restoration, enhancement, or creation 
     of coastal habitats.
       (3) Cooperative Federal or State enforcement of marine 
     resources management statutes.
       (4) Fishery observer coverage programs in State or Federal 
     waters.
       (5) Invasive, exotic, and nonindigenous species 
     identification and control.
       (6) Coordination and preparation of cooperative fishery 
     conservation and management plans between States including 
     the development and implementation of population surveys, 
     assessments and monitoring plans, and the preparation and 
     implementation of State fishery management plans developed by 
     interstate marine fishery commissions.
       (7) Preparation and implementation of State fishery or 
     marine mammal management plans that comply with bilateral or 
     multilateral international fishery or marine mammal 
     conservation and management agreements or both.

[[Page S940]]

       (8) Coastal and ocean observations necessary to develop and 
     implement real time tide and current measurement systems.
       (9) Implementation of federally approved marine, coastal, 
     or comprehensive conservation and management plans.
       (10) Mitigating marine and coastal impacts of Outer 
     Continental Shelf activities including impacts on onshore 
     infrastructure.
       (11) Projects that promote research, education, training, 
     and advisory services in fields related to ocean, coastal, 
     and Great Lakes resources.
       (d) Compliance With Authorized Uses.--Based on the annual 
     reports submitted under section 4 of this Act and on audits 
     conducted by the Secretary under section 8, the Secretary 
     shall review the expenditures made by each State and coastal 
     political subdivision from funds made available under this 
     title. If the Secretary determines that any expenditure made 
     by a State or coastal political subdivision of a State from 
     such funds is not consistent with the authorized uses set 
     forth in subsection (c), the Secretary shall not make any 
     further grants under this title to that State until the funds 
     used for such expenditure have been repaid to the 
     Conservation and Reinvestment Act Fund.
       TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

     SEC. 201. AMENDMENT OF LAND AND WATER CONSERVATION FUND ACT 
                   OF 1965.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Land and Water Conservation Fund Act 
     of 1965 (16 U.S.C. 460l-4 and following).

     SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS TRANSFERRED 
                   FROM CONSERVATION AND REINVESTMENT ACT FUND.

       Section 2(c) is amended to read as follows:
       ``(c) Amounts Transferred From Conservation and 
     Reinvestment Act Fund.--In addition to the sum of the 
     revenues and collections estimated by the Secretary of the 
     Interior to be covered into the fund pursuant to subsections 
     (a) and (b) of this section, there shall be covered into the 
     fund all amounts transferred to the fund under section 
     5(b)(2) of the Conservation and Reinvestment Act of 1999.''.

     SEC. 203. AVAILABILITY OF AMOUNTS.

       Section 3 (16 U.S.C. 460l-6) is amended to read as follows:


                            ``appropriations

       ``Sec. 3. (a) In General.--There are authorized to be 
     appropriated to the Secretary from the fund to carry out this 
     Act not more than $900,000,000 in any fiscal year after the 
     fiscal year 2001. Amounts transferred to the fund from the 
     Conservation and Reinvestment Act Fund and amounts covered 
     into the fund under subsections (a) and (b) of section 2 
     shall be available to the Secretary in fiscal years after the 
     fiscal year 2001 without further appropriation to carry out 
     this Act.
       ``(b) Obligation and Expenditure of Available Amounts.--
     Amounts available for obligation or expenditure from the fund 
     or from the special account established under section 4(i)(1) 
     may be obligated or expended only as provided in this Act.''.

     SEC. 204. ALLOCATION OF FUND.

       Section 5 (16 U.S.C. 460l-7) is amended to read as follows:


                         ``allocation of funds

       ``Sec. 5. Of the amounts made available for each fiscal 
     year to carry out this Act--
       ``(1) 50 percent shall be available for Federal purposes 
     (in this Act referred to as the `Federal portion'); and
       ``(2) 50 percent shall be available for grants to 
     States.''.

     SEC. 205. USE OF FEDERAL PORTION.

       Section 7 (16 U.S.C. 460l-9) is amended by adding at the 
     end the following:
       ``(d) Use of Federal Portion.--
       ``(1) Approval by congress required.--The Federal portion 
     (as that term is defined in section 5(1)) may not be 
     obligated or expended by the Secretary of the Interior or the 
     Secretary of Agriculture for any acquisition except those 
     specifically referred to, and approved by the Congress, in an 
     Act making appropriations for the Department of the Interior 
     or the Department of Agriculture, respectively.
       ``(2) Willing seller requirement.--The Federal portion may 
     not be used to acquire any property unless--
       ``(A) the owner of the property concurs in the acquisition; 
     or
       ``(B) acquisition of that property is specifically approved 
     by an Act of Congress.
       ``(e) List of Proposed Federal Acquisitions.--
       ``(1) Restriction on use.--The Federal portion for a fiscal 
     year may not be obligated or expended to acquire any interest 
     in lands or water unless the lands or water were included in 
     a list of acquisitions that is approved by the Congress. This 
     list shall include an inventory of surplus lands under the 
     administrative jurisdiction of the Secretary of the Interior 
     and the Secretary of Agriculture for which there is no 
     demonstrated compelling program need.
       ``(2) Transmission of list.--(A) The Secretary of the 
     Interior and the Secretary of Agriculture shall jointly 
     transmit to the appropriate authorizing and appropriations 
     committees of the House of Representatives and the Senate for 
     each fiscal year, by no later than the submission of the 
     budget for the fiscal year under section 1105 of title 31, 
     United States Code, a list of the acquisitions of interests 
     in lands and water proposed to be made with the Federal 
     portion for the fiscal year.
       ``(B) In preparing each list, the Secretary shall--
       ``(i) seek to consolidate Federal landholdings in States 
     with checkerboard Federal land ownership patterns;
       ``(ii) consider the use of equal value land exchanges, 
     where feasible and suitable, as an alternative means of land 
     acquisition;
       ``(iii) consider the use of permanent conservation 
     easements, where feasible and suitable, as an alternative 
     means of acquisition;
       ``(iv) identify those properties that are proposed to be 
     acquired from willing sellers and specify any for which 
     adverse condemnation is requested; and
       ``(v) establish priorities based on such factors as 
     important or special resource attributes, threats to resource 
     integrity, timely availability, owner hardship, cost 
     escalation, public recreation use values, and similar 
     considerations.
       ``(3) Information regarding proposed acquisitions.--Each 
     list shall include, for each proposed acquisition included in 
     the list--
       ``(A) citation of the statutory authority for the 
     acquisition, if such authority exists; and
       ``(B) an explanation of why the particular interest 
     proposed to be acquired was selected.
       ``(f) Notification to Affected Areas Required.--The Federal 
     portion for a fiscal year may not be used to acquire any 
     interest in land unless the Secretary administering the 
     acquisition, by not later than 30 days after the date the 
     Secretaries submit the list under subsection (e) for the 
     fiscal year, provides notice of the proposed acquisition--
       ``(1) in writing to each Member of and each Delegate and 
     Resident Commissioner to the Congress elected to represent 
     any area in which is located--
       ``(A) the land; or
       ``(B) any part of any federally designated unit that 
     includes the land;
       ``(2) in writing to the Governor of the State in which the 
     land is located;
       ``(3) in writing to each State political subdivision having 
     jurisdiction over the land; and
       ``(4) by publication of a notice in a newspaper that is 
     widely distributed in the area under the jurisdiction of each 
     such State political subdivision, that includes a clear 
     statement that the Federal Government intends to acquire an 
     interest in land.
       ``(g) Compliance With Requirements Under Federal Laws.--
       ``(1) In general.--The Federal portion for a fiscal year 
     may not be used to acquire any interest in land or water 
     unless the following have occurred:
       ``(A) All actions required under Federal law with respect 
     to the acquisition have been complied with.
       ``(B) A copy of each final environmental impact statement 
     or environmental assessment required by law, and a summary of 
     all public comments regarding the acquisition that have been 
     received by the agency making the acquisition, are submitted 
     to the Committee on Resources of the House of 
     Representatives, the Committee on Energy and Natural 
     Resources of the Senate, and the Committees on Appropriations 
     of the House of Representatives and of the Senate.
       ``(C) A notice of the availability of such statement or 
     assessment and of such summary is provided to--
       ``(i) each Member of and each Delegate and Resident 
     Commissioner to the Congress elected to represent the area in 
     which the land is located;
       ``(ii) the Governor of the State in which the land is 
     located; and
       ``(iii) each State political subdivision having 
     jurisdiction over the land.
       ``(2) Limitation on application.--Paragraph (1) shall not 
     apply to any acquisition that is specifically authorized by a 
     Federal law.''.

     SEC. 206. ALLOCATION OF AMOUNTS AVAILABLE FOR STATE PURPOSES.

       (a) In General.--Section 6(b) (16 U.S.C. 460l-8(b)) is 
     amended to read as follows:
       ``(b) Distribution Among the States.--(1) Sums in the fund 
     available each fiscal year for State purposes shall be 
     apportioned among the several States by the Secretary, in 
     accordance with this subsection. The determination of the 
     apportionment by the Secretary shall be final.
       ``(2) Subject to paragraph (3), of sums in the fund 
     available each fiscal year for State purposes--
       ``(A) 30 percent shall be apportioned equally among the 
     several States; and
       ``(B) 70 percent shall be apportioned so that the ratio 
     that the amount apportioned to each State under this 
     subparagraph bears to the total amount apportioned under this 
     subparagraph for the fiscal year is equal to the ratio that 
     the population of the State bears to the total population of 
     all States.
       ``(3) The total allocation to an individual State for a 
     fiscal year under paragraph (2) shall not exceed 10 percent 
     of the total amount allocated to the several States under 
     paragraph (2) for that fiscal year.
       ``(4) The Secretary shall notify each State of its 
     apportionment, and the amounts thereof shall be available 
     thereafter to the State for planning, acquisition, or 
     development projects as hereafter described. Any amount of 
     any apportionment under this subsection that has not been 
     paid or obligated by the Secretary during the fiscal year in 
     which such notification is given and the two fiscal

[[Page S941]]

     years thereafter shall be reapportioned by the Secretary in 
     accordance with paragraph (2), but without regard to the 10 
     percent limitation to an individual State specified in 
     paragraph (3).
       ``(5)(A) For the purposes of paragraph (2)(A)--
       ``(i) the District of Columbia shall be treated as a State; 
     and
       ``(ii) Puerto Rico, the Virgin Islands, Guam, and American 
     Samoa--
       ``(I) shall be treated collectively as one State; and
       ``(II) shall each be allocated an equal share of any amount 
     distributed to them pursuant to clause (i).
       ``(B) Each of the areas referred to in subparagraph (A) 
     shall be treated as a State for all other purposes of this 
     Act.''.
       (b) Tribes and Alaska Native Corporations.--Section 6(b)(5) 
     (16 U.S.C. 460l-8(b)(5)) is further amended by adding at the 
     end the following new subparagraph:
       ``(C) For the purposes of paragraph (1), all federally 
     recognized Indian tribes and Native Corporations (as defined 
     in section 3 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1602)), shall be eligible to receive shares of the 
     apportionment under paragraph (1) in accordance with a 
     competitive grant program established by the Secretary by 
     rule. The total apportionment available to such tribes and 
     Native Corporations shall be equivalent to the amount 
     available to a single State. No single tribe or Native 
     Corporation shall receive a grant that constitutes more than 
     10 percent of the total amount made available to all tribes 
     and Native Corporations pursuant to the apportionment under 
     paragraph (1). Funds received by a tribe or Native 
     Corporation under this subparagraph may be expended only for 
     the purposes specified in paragraphs (1) and (3) of 
     subsection (a).''.
       (c) Local Allocation.--Section 6(b) (16 U.S.C. 460l-8(b)) 
     is amended by adding at the end the following:
       ``(6) Absent some compelling and annually documented reason 
     to the contrary acceptable to the Secretary of the Interior, 
     each State (other than an area treated as a State under 
     paragraph (5)) shall make available as grants to local 
     governments, at least 50 percent of the annual State 
     apportionment, or an equivalent amount made available from 
     other sources.''.

     SEC. 207. STATE PLANNING.

       (a) State Action Agenda Required.--
       (1) In general.--Section 6(d) (16 U.S.C. 460l-8(d)) is 
     amended to read as follows:
       ``(d) State Action Agenda Required.--(1) Each State may 
     define its own priorities and criteria for selection of 
     outdoor conservation and recreation acquisition and 
     development projects eligible for grants under this Act so 
     long as it provides for public involvement in this process 
     and publishes an accurate and current State Action Agenda for 
     Community Conservation and Recreation (in this Act referred 
     to as the `State Action Agenda') indicating the needs it has 
     identified and the priorities and criteria it has 
     established. In order to assess its needs and establish its 
     overall priorities, each State, in partnership with its local 
     governments and Federal agencies, and in consultation with 
     its citizens, shall develop, within 5 years after the 
     enactment of the Conservation and Reinvestment Act of 1999, a 
     State Action Agenda that meets the following requirements:
       ``(A) The agenda must be strategic, originating in broad-
     based and long-term needs, but focused on actions that can be 
     funded over the next 4 years.
       ``(B) The agenda must be updated at least once every 4 
     years and certified by the Governor that the State Action 
     Agenda conclusions and proposed actions have been considered 
     in an active public involvement process.
       ``(2) State Action Agendas shall take into account all 
     providers of conservation and recreation lands within each 
     State, including Federal, regional, and local government 
     resources, and shall be correlated whenever possible with 
     other State, regional, and local plans for parks, recreation, 
     open space, and wetlands conservation. Recovery action 
     programs developed by urban localities under section 1007 of 
     the Urban Park and Recreation Recovery Act of 1978 shall be 
     used by a State as a guide to the conclusions, priorities, 
     and action schedules contained in State Action Agenda. Each 
     State shall assure that any requirements for local outdoor 
     conservation and recreation planning, promulgated as 
     conditions for grants, minimize redundancy of local efforts 
     by allowing, wherever possible, use of the findings, 
     priorities, and implementation schedules of recovery action 
     programs to meet such requirements.''.
       (2) Existing state plans.--Comprehensive State Plans 
     developed by any State under section 6(d) of the Land and 
     Water Conservation Fund Act of 1965 before the date that is 5 
     years after the enactment of this Act shall remain in effect 
     in that State until a State Action Agenda has been adopted 
     pursuant to the amendment made by this subsection, but no 
     later than 5 years after the enactment of this Act.
       (b) Miscellaneous.--Section 6(e) (16 U.S.C. 460l-8(e)) is 
     amended as follows:
       (1) In the matter preceding paragraph (1) by striking 
     ``State comprehensive plan'' and inserting ``State Action 
     Agenda''.
       (2) In paragraph (1) by striking ``comprehensive plan'' and 
     inserting ``State Action Agenda''.

     SEC. 208. ASSISTANCE TO STATES FOR OTHER PROJECTS.

       Section 6(e) (16 U.S.C. 460l-8(e)) is amended--
       (1) in subsection (e)(1) by striking ``, but not including 
     incidental costs relating to acquisition''; and
       (2) in subsection (e)(2) by inserting before the period at 
     the end the following: ``or to enhance public safety within a 
     designated park or recreation area''.

     SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.

       Section 6(f)(3) (16 U.S.C. 460l-8(f)(3)) is amended--
       (1) by inserting ``(A)'' before ``No property''; and
       (2) by striking the second sentence and inserting the 
     following:
       ``(B) The Secretary shall approve such conversion only if 
     the State demonstrates no prudent or feasible alternative 
     exists with the exception of those properties that no longer 
     meet the criteria within the State Plan or Agenda as an 
     outdoor conservation and recreation facility due to changes 
     in demographics or that must be abandoned because of 
     environmental contamination which endangers public health and 
     safety. Any conversion must satisfy such conditions as the 
     Secretary deems necessary to assure the substitution of other 
     conservation and recreation properties of at least equal fair 
     market value and reasonably equivalent usefulness and 
     location and which are consistent with the existing State 
     Plan or Agenda; except that wetland areas and interests 
     therein as identified in the wetlands provisions of the 
     action agenda and proposed to be acquired as suitable 
     replacement property within that same State that is otherwise 
     acceptable to the Secretary shall be considered to be of 
     reasonably equivalent usefulness with the property proposed 
     for conversion.''.

     SEC. 210. WATER RIGHTS.

       Title I is amended by adding at the end the following:


                             ``water rights

       ``Sec. 14. Nothing in this title--
       ``(1) invalidates or preempts State or Federal water law or 
     an interstate compact governing water;
       ``(2) alters the rights of any State to any appropriated 
     share of the waters of any body of surface or ground water, 
     whether determined by past or future interstate compacts or 
     by past or future legislative or final judicial allocations;
       ``(3) preempts or modifies any Federal or State law, or 
     interstate compact, dealing with water quality or disposal; 
     or
       ``(4) confers on any non-Federal entity the ability to 
     exercise any Federal right to the waters of any stream or to 
     any ground water resource.''.
            TITLE III--WILDLIFE CONSERVATION AND RESTORATION

     SEC. 301. PURPOSES.

       The purposes of this title are--
       (1) to extend financial and technical assistance to the 
     States under the Federal Aid to Wildlife Restoration Act for 
     the benefit of a diverse array of wildlife and associated 
     habitats, including species that are not hunted or fished, to 
     fulfill unmet needs of wildlife within the States in 
     recognition of the primary role of the States to conserve 
     all wildlife;
       (2) to assure sound conservation policies through the 
     development, revision, and implementation of a comprehensive 
     wildlife conservation and restoration plan;
       (3) to encourage State fish and wildlife agencies to 
     participate with the Federal Government, other State 
     agencies, wildlife conservation organizations, and outdoor 
     recreation and conservation interests through cooperative 
     planning and implementation of this title; and
       (4) to encourage State fish and wildlife agencies to 
     provide for public involvement in the process of development 
     and implementation of a wildlife conservation and restoration 
     program.

     SEC. 302. DEFINITIONS.

       (a) Reference to Law.--In this title, the term ``Federal 
     Aid in Wildlife Restoration Act'' means the Act of September 
     2, 1937 (16 U.S.C. 669 and following), commonly referred to 
     as the Federal Aid in Wildlife Restoration Act or the 
     Pittman-Robertson Act.
       (b) Wildlife Conservation and Restoration Program.--Section 
     2 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 
     669a) is amended by inserting after ``shall be construed'' 
     the first place it appears the following: ``to include the 
     wildlife conservation and restoration program and''.
       (c) State Agencies.--Section 2 of the Federal Aid in 
     Wildlife Restoration Act (16 U.S.C. 669a) is amended by 
     inserting ``or State fish and wildlife department'' after 
     ``State fish and game department''.
       (d) Definitions.--Section 2 of the Federal Aid in Wildlife 
     Restoration Act (16 U.S.C. 669a) is amended by striking the 
     period at the end thereof, substituting a semicolon, and 
     adding the following: ``the term `conservation' shall be 
     construed to mean the use of methods and procedures necessary 
     or desirable to sustain healthy populations of wildlife 
     including all activities associated with scientific resources 
     management such as research, census, monitoring of 
     populations, acquisition, improvement and management of 
     habitat, live trapping and transplantation, wildlife damage 
     management, and periodic or total protection of a species or 
     population as well as the taking of individuals within 
     wildlife stock or population if permitted by applicable State 
     and Federal law; the term `wildlife conservation and 
     restoration program' means a program developed by a State 
     fish and wildlife department

[[Page S942]]

     and approved by the Secretary under section 4(d), the 
     projects that constitute such a program, which may be 
     implemented in whole or part through grants and contracts by 
     a State to other State, Federal, or local agencies (including 
     those that gather, evaluate, and disseminate information on 
     wildlife and their habitats), wildlife conservation 
     organizations, and outdoor recreation and conservation 
     education entities from funds apportioned under this title, 
     and maintenance of such projects; the term `wildlife' shall 
     be construed to mean any species of wild, free-ranging fauna 
     including fish, and also fauna in captive breeding programs 
     the object of which is to reintroduce individuals of a 
     depleted indigenous species into previously occupied range; 
     the term `wildlife-associated recreation' shall be construed 
     to mean projects intended to meet the demand for outdoor 
     activities associated with wildlife including, but not 
     limited to, hunting and fishing, wildlife observation and 
     photography, such projects as construction or restoration of 
     wildlife viewing areas, observation towers, blinds, 
     platforms, land and water trails, water access, trail heads, 
     and access for such projects; and the term `wildlife 
     conservation education' shall be construed to mean projects, 
     including public outreach, intended to foster responsible 
     natural resource stewardship.''.

     SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION 
                   AND REINVESTMENT ACT FUND.

       Section 3 of the Federal Aid in Wildlife Restoration Act 
     (16 U.S.C. 669b) is amended--
       (1) in subsection (a) by inserting ``(1)'' after ``(a)'', 
     and by adding at the end the following:
       ``(2) There is established in the Federal aid to wildlife 
     restoration fund a subaccount to be known as the `wildlife 
     conservation and restoration account'. Amounts transferred to 
     the fund for a fiscal year under section 5(b)(3) of the 
     Conservation and Reinvestment Act of 1999 shall be deposited 
     in the subaccount and shall be available without further 
     appropriation, in each fiscal year, for apportionment in 
     accordance with this Act to carry out State wildlife 
     conservation and restoration programs.''; and
       (2) by adding at the end the following:
       ``(c) Amounts transferred to the fund from the Conservation 
     and Reinvestment Act Fund and apportioned under subsection 
     (a)(2) shall supplement, but not replace, existing funds 
     available to the States from the sport fish restoration 
     account and wildlife restoration account and shall be used 
     for the development, revision, and implementation of wildlife 
     conservation and restoration programs and should be used to 
     address the unmet needs for a diverse array of wildlife and 
     associated habitats, including species that are not hunted or 
     fished, for wildlife conservation, wildlife conservation 
     education, and wildlife-associated recreation projects. Such 
     funds may be used for new programs and projects as well as to 
     enhance existing programs and projects.
       ``(d)(1) Notwithstanding subsections (a) and (b) of this 
     section, with respect to amounts transferred to the fund from 
     the Conservation and Reinvestment Act Fund so much of such 
     amounts as is apportioned to any State for any fiscal year 
     and as remains unexpended at the close thereof shall remain 
     available for expenditure in that State until the close of--
       ``(A) the fourth succeeding fiscal year, in the case of 
     amounts transferred in any of the first 10 fiscal years 
     beginning after the date of enactment of the Conservation and 
     Reinvestment Act of 1999; or
       ``(B) the second succeeding fiscal year, in the case of 
     amounts transferred in a fiscal year beginning after the 10-
     fiscal-year period referred to in subparagraph (A).
       ``(2) Any amount apportioned to a State under this 
     subsection that is unexpended or unobligated at the end of 
     the period during which it is available under paragraph (1) 
     shall be reapportioned to all States during the succeeding 
     fiscal year.''.

     SEC. 304. APPORTIONMENT OF AMOUNTS TRANSFERRED FROM 
                   CONSERVATION AND REINVESTMENT ACT FUND.

       (a) In General.--Section 4 of the Federal Aid in Wildlife 
     Restoration Act (16 U.S.C. 669c) is amended by adding at the 
     end the following new subsection:
       ``(c) Amounts Transferred From Conservation and 
     Reinvestment Act Fund.--(1) The Secretary of the Interior 
     shall make the following apportionment from the amount 
     transferred to the fund from the Conservation and 
     Reinvestment Act Fund for each fiscal year:
       ``(A) To the District of Columbia and to the Commonwealth 
     of Puerto Rico, each a sum equal to not more than \1/2\ of 1 
     percent thereof.
       ``(B) To Guam, American Samoa, the Virgin Islands, and the 
     Commonwealth of the Northern Mariana Islands, each a sum 
     equal to not more than \1/6\ of 1 percent thereof.
       ``(2)(A) The Secretary of the Interior, after making the 
     apportionment under paragraph (1), shall apportion the 
     remainder of the amount transferred to the fund from the 
     Conservation and Reinvestment Act Fund for each fiscal year 
     among the States in the following manner:
       ``(i) \1/3\ of which is based on the ratio to which the 
     land area of such State bears to the total land area of all 
     such States.
       ``(ii) \2/3\ of which is based on the ratio to which the 
     population of such State bears to the total population of all 
     such States.
       ``(B) The amounts apportioned under this paragraph shall be 
     adjusted equitably so that no such State shall be apportioned 
     a sum which is less than \1/2\ of 1 percent of the amount 
     available for apportionment under this paragraph for any 
     fiscal year or more than 5 percent of such amount.
       ``(3) Amounts transferred to the fund from the Conservation 
     and Reinvestment Act Fund shall not be available for any 
     expenses incurred in the administration and execution of 
     programs carried out with such amounts.
       ``(d) Wildlife Conservation and Restoration Programs.--(1) 
     Any State, through its fish and wildlife department, may 
     apply to the Secretary of the Interior for approval of a 
     wildlife conservation and restoration program, or for funds 
     to develop a program. To apply, a State shall submit a 
     comprehensive plan that includes--
       ``(A) provisions vesting in the fish and wildlife 
     department of the State overall responsibility and 
     accountability for the program;
       ``(B) provisions for the development and implementation 
     of--
       ``(i) wildlife conservation projects that expand and 
     support existing wildlife programs, giving appropriate 
     consideration to all wildlife;
       ``(ii) wildlife-associated recreation projects; and
       ``(iii) wildlife conservation education projects pursuant 
     to programs under section 8(a); and
       ``(C) provisions to ensure public participation in the 
     development, revision, and implementation of projects and 
     programs required under this paragraph.
       ``(2) A State shall provide an opportunity for public 
     participation in the development of the comprehensive plan 
     required under paragraph (1).
       ``(3) If the Secretary finds that the comprehensive plan 
     submitted by a State complies with paragraph (1), the 
     Secretary shall approve the wildlife conservation and 
     restoration program of the State and set aside from the 
     apportionment to the State made pursuant to subsection (c) an 
     amount that shall not exceed 75 percent of the estimated cost 
     of developing and implementing the program.
       ``(4)(A) Except as provided in subparagraph (B), after the 
     Secretary approves a State's wildlife conservation and 
     restoration program, the Secretary may make payments on a 
     project that is a segment of the State's wildlife 
     conservation and restoration program as the project 
     progresses. Such payments, including previous payments on the 
     project, if any, shall not be more than the United States pro 
     rata share of such project. The Secretary, under such 
     regulations as he may prescribe, may advance funds 
     representing the United States pro rata share of a project 
     that is a segment of a wildlife conservation and restoration 
     program, including funds to develop such program.
       ``(B) Not more than 10 percent of the amounts apportioned 
     to each State under this section for a State's wildlife 
     conservation and restoration program may be used for 
     wildlife-associated recreation.
       ``(5) For purposes of this subsection, the term `State' 
     shall include the District of Columbia, the Commonwealth of 
     Puerto Rico, the Virgin Islands, Guam, American Samoa, and 
     the Commonwealth of the Northern Mariana Islands.''.
       (b) FACA.--Coordination with State fish and wildlife agency 
     personnel or with personnel of other State agencies pursuant 
     to the Federal Aid in Wildlife Restoration Act or the Federal 
     Aid in Sport Fish Restoration Act shall not be subject to the 
     Federal Advisory Committee Act (5 U.S.C. App.). Except for 
     the preceding sentence, the provisions of this title relate 
     solely to wildlife conservation and restoration programs and 
     shall not be construed to affect the provisions of the 
     Federal Aid in Wildlife Restoration Act relating to wildlife 
     restoration projects or the provisions of the Federal Aid in 
     Sport Fish Restoration Act relating to fish restoration and 
     management projects.

     SEC. 305. EDUCATION.

       Section 8(a) of the Federal Aid in Wildlife Restoration Act 
     (16 U.S.C. 669g(a)) is amended by adding the following at the 
     end thereof: ``Funds available from the amount transferred to 
     the fund from the Conservation and Reinvestment Act Fund may 
     be used for a wildlife conservation education program, except 
     that no such funds may be used for education efforts, 
     projects, or programs that promote or encourage opposition to 
     the regulated taking of wildlife.''.

     SEC. 306. PROHIBITION AGAINST DIVERSION.

       No designated State agency shall be eligible to receive 
     matching funds under this title if sources of revenue 
     available to it after January 1, 1999, for conservation of 
     wildlife are diverted for any purpose other than the 
     administration of the designated State agency, it being the 
     intention of Congress that funds available to States under 
     this title be added to revenues from existing State sources 
     and not serve as a substitute for revenues from such sources. 
     Such revenues shall include interest, dividends, or other 
     income earned on the forgoing.
    TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

     SEC. 401. AMENDMENT OF URBAN PARK AND RECREATION RECOVERY ACT 
                   OF 1978.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2501 and following).

[[Page S943]]

     SEC. 402. PURPOSE.

       The purpose of this title is to provide a dedicated source 
     of funding to assist local governments in improving their 
     park and recreation systems.

     SEC. 403. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION 
                   AND REINVESTMENT ACT FUND.

       Section 1013 (16 U.S.C. 2512) is amended to read as 
     follows:


 ``treatment of amounts transferred from conservation and reinvestment 
                                act fund

       ``Sec. 1013. (a) In General.--Amounts transferred to the 
     Secretary of the Interior under section 5(b)(4) of the 
     Conservation and Reinvestment Act of 1999 in a fiscal year 
     shall be available to the Secretary without further 
     appropriation to carry out this title. Any amount that has 
     not been paid or obligated by the Secretary before the end of 
     the second fiscal year beginning after the first fiscal year 
     in which the amount is available shall be reapportioned by 
     the Secretary among grantees under this title.
       ``(b) Limitations on Annual Grants.--Of the amounts 
     available in a fiscal year under subsection (a)--
       ``(1) not more that 3 percent may be used for grants for 
     the development of local park and recreation recovery action 
     programs pursuant to sections 1007(a) and 1007(c);
       ``(2) not more than 10 percent may be used for innovation 
     grants pursuant to section 1006; and
       ``(3) not more than 15 percent may be provided as grants 
     (in the aggregate) for projects in any one State.
       ``(c) Limitation on Use for Grant Administration.--The 
     Secretary shall establish a limit on the portion of any grant 
     under this title that may be used for grant and program 
     administration.''.

     SEC. 404. AUTHORITY TO DEVELOP NEW AREAS AND FACILITIES.

       Section 1003 (16 U.S.C. 2502) is amended by inserting 
     ``development of new recreation areas and facilities, 
     including the acquisition of lands for such development,'' 
     after ``rehabilitation of critically needed recreation areas, 
     facilities,''.

     SEC. 405. DEFINITIONS.

       Section 1004 (16 U.S.C. 2503) is amended as follows:
       (1) In paragraph (j) by striking ``and'' after the 
     semicolon.
       (2) In paragraph (k) by striking the period at the end and 
     inserting a semicolon.
       (3) By adding at the end the following:
       ``(l) `development grants'--
       ``(1) subject to subparagraph (2) means matching capital 
     grants to units of local government to cover costs of 
     development, land acquisition, and construction on existing 
     or new neighborhood recreation sites, including indoor and 
     outdoor recreational areas and facilities, support 
     facilities, and landscaping; and
       ``(2) does not include routine maintenance, and upkeep 
     activities; and
       ``(m) `Secretary' means the Secretary of the Interior.''.

     SEC. 406. ELIGIBILITY.

       Section 1005(a) (16 U.S.C. 2504(a)) is amended to read as 
     follows:
       ``(a) Eligibility of general purpose local governments to 
     compete for assistance under this title shall be based upon 
     need as determined by the Secretary. Generally, eligible 
     general purpose local governments shall include the 
     following:
       ``(1) All political subdivisions of Metropolitan, Primary, 
     or Consolidated Statistical Areas, as determined by the most 
     recent Census.
       ``(2) Any other city, town, or group of cities or towns (or 
     both) within such a Metropolitan Statistical Area, that has a 
     total population of 50,000 or more as determined by the most 
     recent Census.
       ``(3) Any other county, parish, or township with a total 
     population of 250,000 or more as determined by the most 
     recent Census.''.

     SEC. 407. GRANTS.

       Section 1006 (16 U.S.C. 2505) is amended--
       (1) in subsection (a) by redesignating paragraph (3) as 
     paragraph (4); and
       (2) by striking so much as precedes subsection (a)(4) (as 
     so redesignated) and inserting the following:


                                ``grants

       ``Sec. 1006. (a)(1) The Secretary may provide 70 percent 
     matching grants for rehabilitation, development, and 
     innovation purposes to any eligible general purpose local 
     government upon approval by the Secretary of an application 
     submitted by the chief executive of such government.
       ``(2) At the discretion of such an applicant, a grant under 
     this section may be transferred in whole or part to 
     independent special purpose local governments, private 
     nonprofit agencies, or county or regional park authorities, 
     if--
       ``(A) such transfer is consistent with the approved 
     application for the grant; and
       ``(B) the applicant provides assurance to the Secretary 
     that the applicant will maintain public recreation 
     opportunities at assisted areas and facilities owned or 
     managed by the applicant in accordance with section 1010.
       ``(3) Payments may be made only for those rehabilitation, 
     development, or innovation projects that have been approved 
     by the Secretary. Such payments may be made from time to time 
     in keeping with the rate of progress toward completion of a 
     project, on a reimbursable basis.''.

     SEC. 408. RECOVERY ACTION PROGRAMS.

       Section 1007(a) (16 U.S.C. 2506(a)) is amended--
       (1) in subsection (a) in the first sentence by inserting 
     ``development,'' after ``commitments to ongoing planning,''; 
     and
       (2) in subsection (a)(2) by inserting ``development and'' 
     after ``adequate planning for''.

     SEC. 409. STATE ACTION INCENTIVES.

       Section 1008 (16 U.S.C. 2507) is amended--
       (1) by inserting ``(a) In General.--'' before the first 
     sentence; and
       (2) by striking the last sentence of subsection (a) (as 
     designated by paragraph (1) of this section) and inserting 
     the following:
       ``(b) Coordination With Land and Water Conservation Fund 
     Activities.--(1) The Secretary and general purpose local 
     governments are encouraged to coordinate preparation of 
     recovery action programs required by this title with State 
     Plans or Agendas required under section 6 of the Land and 
     Water Conservation Fund Act of 1965, including by allowing 
     flexibility in preparation of recovery action programs so 
     they may be used to meet State and local qualifications for 
     local receipt of Land and Water Conservation Fund grants or 
     State grants for similar purposes or for other conservation 
     or recreation purposes.
       ``(2) The Secretary shall encourage States to consider the 
     findings, priorities, strategies, and schedules included in 
     the recovery action programs of their urban localities in 
     preparation and updating of State plans in accordance with 
     the public coordination and citizen consultation requirements 
     of subsection 6(d) of the Land and Water Conservation Fund 
     Act of 1965.''.

     SEC. 410. CONVERSION OF RECREATION PROPERTY.

       Section 1010 (16 U.S.C. 2509) is amended to read as 
     follows:


                  ``conversion of recreation property

       ``Sec. 1010. (a)(1) No property developed, acquired, or 
     rehabilitated under this title shall, without the approval of 
     the Secretary, be converted to any purpose other than public 
     recreation purposes.
       ``(2) Paragraph (1) shall apply to--
       ``(A) property developed with amounts provided under this 
     title; and
       ``(B) the park, recreation, or conservation area of which 
     the property is a part.
       ``(b)(1) The Secretary shall approve such conversion only 
     if the grantee demonstrates no prudent or feasible 
     alternative exists.
       ``(2) Paragraph (1) shall apply to property that is no 
     longer a viable recreation facility due to changes in 
     demographics or that must be abandoned because of 
     environmental contamination which endangers public health or 
     safety.
       ``(c) Any conversion must satisfy any conditions the 
     Secretary considers necessary to assure substitution of other 
     recreation property that is--
       ``(1) of at least equal fair market value, or reasonably 
     equivalent usefulness and location; and
       ``(2) in accord with the current recreation recovery action 
     plan of the grantee.''.

     SEC. 411. REPEAL.

       Section 1015 (16 U.S.C. 2514) is repealed.
                  TITLE V--HISTORIC PRESERVATION FUND

     SEC. 501. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION 
                   AND REINVESTMENT ACT FUND.

       Section 108 of the National Historic Preservation Act (16 
     U.S.C. 470h) is amended--
       (1) by inserting ``(a)'' before the first sentence;
       (2) in subsection (a) (as designated by paragraph (1) of 
     this section) by striking all after the first sentence; and
       (3) by adding at the end the following:
       ``(b) Amounts transferred to the Secretary under section 
     5(b)(5) of the Conservation and Reinvestment Act of 1999 in a 
     fiscal year shall be deposited into the Fund and shall be 
     available without further appropriation, in that fiscal year, 
     to carry out this Act.
       ``(c) At least \1/2\ of the funds obligated or expended 
     each fiscal year under this Act shall be used in accordance 
     with this Act for preservation projects on historic 
     properties. In making such funds available, the Secretary 
     shall give priority to the preservation of endangered 
     historic properties.''.

     SEC. 502. STATE USE OF HISTORIC PRESERVATION ASSISTANCE FOR 
                   NATIONAL HERITAGE AREAS AND CORRIDORS.

       Title I of the National Historic Preservation Act (16 
     U.S.C. 470a and following) is amended by adding at the end 
     the following:

     ``SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HERITAGE 
                   AREAS AND CORRIDORS.

       ``In addition to other uses authorized by this Act, amounts 
     provided to a State under this title may be used by the State 
     to provide financial assistance to the management entity for 
     any national heritage area or national heritage corridor 
     established under the laws of the United States, to support 
     cooperative historic preservation planning and 
     development.''.
             TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

     SEC. 601. PURPOSE.

       The purpose of this title is to provide a dedicated source 
     of funding for a coordinated program on Federal and Indian 
     lands to restore degraded lands, protect resources that are 
     threatened with degradation, and protect public health and 
     safety.

     SEC. 602. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION 
                   AND REINVESTMENT ACT FUND; ALLOCATION.

       (a) In General.--Amounts transferred to the Secretary of 
     the Interior and the Secretary of Agriculture under section 
     5(b)(6) of

[[Page S944]]

     this Act in a fiscal year shall be available without further 
     appropriation, in that fiscal year, to carry out this title.
       (b) Allocation.--Amounts referred to in subsection (a) year 
     shall be allocated and available as follows:
       (1) Department of the interior.--60 percent shall be 
     allocated and available to the Secretary of the Interior to 
     carry out the purpose of this title on lands within the 
     National Park System, lands within the National Wildlife 
     Refuge System, and public lands administered by the Bureau of 
     Land Management.
       (2) Department of agriculture.--30 percent shall be 
     allocated and available to the Secretary of Agriculture to 
     carry out the purpose of this title on lands within the 
     National Forest System.
       (3) Indian tribes.--10 percent shall be allocated and 
     available to the Secretary of the Interior for competitive 
     grants to qualified Indian tribes under section 603(b).

     SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

       (a) In General.--Funds made available to carry out this 
     title shall be used solely for restoration of degraded lands, 
     resource protection, maintenance activities related to 
     resource protection, or protection of public health or 
     safety.
       (b) Competitive Grants to Indian Tribes.--
       (1) Grant authority.--The Secretary of the Interior shall 
     administer a competitive grant program for Indian tribes, 
     giving priority to projects based upon the protection of 
     significant resources, the severity of damages or threats to 
     resources, and the protection of public health or safety.
       (2) Limitation.--The amount received for a fiscal year by a 
     single Indian tribe in the form of grants under this 
     subsection may not exceed 10 percent of the total amount 
     available for that fiscal year for grants under this 
     subsection.
       (c) Priority List.--The Secretary of the Interior and the 
     Secretary of Agriculture shall each establish priority lists 
     for the use of funds available under this title. Each list 
     shall give priority to projects based upon the protection of 
     significant resources, the severity of damages or threats to 
     resources, and the protection of public health or safety.
       (d) Compliance With Applicable Plans.--Any project carried 
     out on Federal lands with amounts provided under this title 
     shall be carried out in accordance with all management plans 
     that apply under Federal law to the lands.
       (e) Tracking Results.--Not later than the end of the first 
     full fiscal year for which funds are available under this 
     title, the Secretary of the Interior and the Secretary of 
     Agriculture shall jointly establish a coordinated program 
     for--
       (1) tracking the progress of activities carried out with 
     amounts made available by this title; and
       (2) determining the extent to which demonstrable results 
     are being achieved by those activities.

     SEC. 604. INDIAN TRIBE DEFINED.

       In this title, the term ``Indian tribe'' means an Indian or 
     Alaska Native tribe, band, nation, pueblo, village, or 
     community that the Secretary of the Interior recognizes as an 
     Indian tribe under section 104 of the Federally Recognized 
     Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).
TITLE VII--CONSERVATION EASEMENTS AND ENDANGERED AND THREATENED SPECIES 
                                RECOVERY
                   Subtitle A--Conservation Easements

     SEC. 701. PURPOSE.

       The purpose of this subtitle is to provide a dedicated 
     source of funding to the Secretary of the Interior for 
     programs to provide matching grants to certain eligible 
     entities to facilitate the purchase of permanent conservation 
     easements in order to--
       (1) protect the ability of these lands to maintain their 
     traditional uses; and
       (2) prevent the loss of their value to the public because 
     of development that is inconsistent with their traditional 
     uses.

     SEC. 702. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION 
                   AND REINVESTMENT ACT FUND.

       Amounts transferred to the Secretary of the Interior under 
     section 5(b)(7)(A) in a fiscal year shall be available to the 
     Secretary of the Interior without further appropriation, in 
     that fiscal year, to carry out this subtitle.

     SEC. 703. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

       The Secretary of the Interior may use the amounts available 
     under section 702 for the Conservation Easement Program 
     established by section 704.

     SEC. 704. CONSERVATION EASEMENT PROGRAM.

       (a) Grants Authorized; Purpose.--The Secretary the Interior 
     shall establish and carry out a program, to be known as the 
     ``Conservation Easement Program'', under which the Secretary 
     shall provide grants to eligible entities described in 
     subsection (c) to provide the Federal share of the cost of 
     purchasing permanent conservation easements in land with 
     prime, unique, or other productive uses.
       (b) Federal Share.--The Federal share of the cost of 
     purchasing a conservation easement described in subsection 
     (a) may not exceed 50 percent of the total cost of purchasing 
     the easement.
       (c) Eligible Entity Defined.--In this section, the term 
     ``eligible entity'' means any of the following:
       (1) An agency of a State or local government.
       (2) A federally recognized Indian tribe.
       (3) Any organization that is organized for, and at all 
     times since its formation has been operated principally for, 
     one or more of the conservation purposes specified in clause 
     (i), (ii), or (iii) of section 170(h)(4)(A) of the Internal 
     Revenue Code of 1986 and--
       (A) is described in section 501(c)(3) of the Code;
       (B) is exempt from taxation under section 501(a) of the 
     Code; and
       (C) is described in paragraph (2) of section 509(a) of the 
     Code, or paragraph (3) of such section, but is controlled by 
     an organization described in paragraph (2) of such section.
       (d) Title; Enforcement.--Any eligible entity may hold title 
     to a conservation easement described in subsection (a) and 
     enforce the conservation requirements of the easement.
       (e) State Certification.--As a condition of the receipt by 
     an eligible entity of a grant under subsection (a), the 
     attorney general of the State in which the conservation 
     easement is to be purchased using the grant funds shall 
     certify that the conservation easement to be purchased is in 
     a form that is sufficient, under the laws of the State, to 
     achieve the conservation purpose of the Conservation Easement 
     Program and the terms and conditions of the grant.
       (f) Conservation Plan.--Any land for which a conservation 
     easement is purchased under this section shall be subject to 
     the requirements of a conservation plan to the extent that 
     the plan does not negate or adversely affect the restrictions 
     contained in the easement.
       (g) Technical Assistance.--The Secretary of the Interior 
     may not use more than 10 percent of the amount that is made 
     available for any fiscal year under this program to provide 
     technical assistance to carry out this section.
         Subtitle B--Endangered and Threatened Species Recovery

     SEC. 711. PURPOSES.

       The purposes of this subtitle are the following:
       (1) To provide a dedicated source of funding to the United 
     States Fish and Wildlife Service and the National Marine 
     Fisheries Service for the purpose of implementing an 
     incentives program to promote the recovery of endangered 
     species and threatened species and the habitat upon which 
     they depend.
       (2) To promote greater involvement by non-Federal entities 
     in the recovery of the Nation's endangered species and 
     threatened species and the habitat upon which they depend.

     SEC. 712. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION 
                   AND REINVESTMENT ACT FUND.

       Amounts transferred to the Secretary of the Interior under 
     section 5(b)(7)(B) of this Act in a fiscal year shall be 
     available to the Secretary of the Interior without further 
     appropriation, in that fiscal year, to carry out this 
     subtitle.

     SEC. 713. ENDANGERED AND THREATENED SPECIES RECOVERY 
                   ASSISTANCE.

       (a) Financial Assistance.--The Secretary may use amounts 
     made available under section 712 to provide financial 
     assistance to any person for development and implementation 
     of Endangered and Threatened Species Recovery Agreements 
     entered into by the Secretary under section 714.
       (b) Priority.--In providing assistance under this section, 
     the Secretary shall give priority to the development and 
     implementation of species recovery agreements that--
       (1) implement actions identified under recovery plans 
     approved by the Secretary under section 4(f) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1533(f));
       (2) have the greatest potential for contributing to the 
     recovery of an endangered or threatened species; and
       (3) to the extent practicable, require use of the 
     assistance--
       (A) on land owned by a small landowner; or
       (B) on a family farm by the owner or operator of the family 
     farm.
       (c) Prohibition on Assistance for Required Activities.--The 
     Secretary may not provide financial assistance under this 
     section for any action that is required by a permit issued 
     under section 10(a)(1)(B) of the Endangered Species Act of 
     1973 (16 U.S.C. 1539(a)(1)(B)) or an incidental take 
     statement issued under section 7 of that Act (16 U.S.C. 
     1536), or that is otherwise required under that Act or any 
     other Federal law.
       (d) Payments Under Other Programs.--
       (1) Other payments not affected.--Financial assistance 
     provided to a person under this section shall be in addition 
     to, and shall not affect, the total amount of payments that 
     the person is otherwise eligible to receive under the 
     conservation reserve program established under subchapter B 
     of chapter 1 of subtitle D of title XII of the Food Security 
     Act of 1985 (16 U.S.C. 3831 and following), the wetlands 
     reserve program established under subchapter C of that 
     chapter (16 U.S.C. 3837 and following), or the Wildlife 
     Habitat Incentives Program established under section 387 of 
     the Federal Agriculture Improvement and Reform Act of 1996 
     (16 U.S.C. 3836a).
       (2) Limitation.--A person may not receive financial 
     assistance under this section to carry out activities under a 
     species recovery agreement in addition to payments under the 
     programs referred to in paragraph (1) made for the same 
     activities, if the terms of the species recovery agreement do 
     not require financial or management obligations

[[Page S945]]

     by the person in addition to any such obligations of the 
     person under such programs.

     SEC. 714. ENDANGERED AND THREATENED SPECIES RECOVERY 
                   AGREEMENTS.

       (a) In General.--The Secretary may enter into Endangered 
     and Threatened Species Recovery Agreements for purposes of 
     this subtitle in accordance with this section.
       (b) Required Terms.--The Secretary shall include in each 
     species recovery agreement provisions that--
       (1) require the person--
       (A) to carry out on real property owned or leased by the 
     person activities not otherwise required by law that 
     contribute to the recovery of an endangered or threatened 
     species;
       (B) to refrain from carrying out on real property owned or 
     leased by the person otherwise lawful activities that would 
     inhibit the recovery of an endangered or threatened species; 
     or
       (C) to do any combination of subparagraphs (A) and (B);
       (2) describe the real property referred to in paragraph 
     (1)(A) and (B) (as applicable);
       (3) specify species recovery goals for the agreement, and 
     measures for attaining such goals;
       (4) require the person to make measurable progress each 
     year in achieving those goals, including a schedule for 
     implementation of the agreement;
       (5) specify actions to be taken by the Secretary or the 
     person (or both) to monitor the effectiveness of the 
     agreement in attaining those recovery goals;
       (6) require the person to notify the Secretary if--
       (A) any right or obligation of the person under the 
     agreement is assigned to any other person; or
       (B) any term of the agreement is breached by the person or 
     any other person to whom is assigned a right or obligation of 
     the person under the agreement;
       (7) specify the date on which the agreement takes effect 
     and the period of time during which the agreement shall 
     remain in effect;
       (8) provide that the agreement shall not be in effect on 
     and after any date on which the Secretary publishes a 
     certification by the Secretary that the person has not 
     complied with the agreement; and
       (9) allocate financial assistance provided under this 
     subtitle for implementation of the agreement, on an annual or 
     other basis during the period the agreement is in effect 
     based on the schedule for implementation required under 
     paragraph (4).
       (c) Review and Approval of Proposed Agreements.--Upon 
     submission by any person of a proposed species recovery 
     agreement under this section, the Secretary--
       (1) shall review the proposed agreement and determine 
     whether it complies with the requirements of this section and 
     will contribute to the recovery of endangered or threatened 
     species that are the subject of the proposed agreement;
       (2) propose to the person any additional provisions 
     necessary for the agreement to comply with this section; and
       (3) if the Secretary determines that the agreement complies 
     with the requirements of this section, shall approve and 
     enter with the person into the agreement.
       (d) Monitoring Implementation of Agreements.--The Secretary 
     shall--
       (1) periodically monitor the implementation of each species 
     recovery agreement entered into by the Secretary under this 
     section; and
       (2) based on the information obtained from that monitoring, 
     annually or otherwise disburse financial assistance under 
     this subtitle to implement the agreement as the Secretary 
     determines is appropriate under the terms of the agreement.

     SEC. 715. DEFINITIONS.

       In this subtitle:
       (1) Endangered or threatened species.--The term 
     ``endangered or threatened species'' means any species that 
     is listed as an endangered species or threatened species 
     under section 4 of the Endangered Species Act of 1973 (16 
     U.S.C. 1533).
       (2) Family farm.--The term ``family farm'' means a farm 
     that--
       (A) produces agricultural commodities for sale in such 
     quantities so as to be recognized in the community as a farm 
     and not as a rural residence;
       (B) produces enough income, including off-farm employment, 
     to pay family and farm operating expenses, pay debts, and 
     maintain the property;
       (C) is managed by the operator;
       (D) has a substantial amount of labor provided by the 
     operator and the operator's family; and
       (E) uses seasonal labor only during peak periods, and uses 
     no more than a reasonable amount of full-time hired labor.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior or the Secretary of Commerce, in accordance 
     with section 3 of the Endangered Species Act of 1973 (16 
     U.S.C. 1532).
       (4) Small landowner.--The term ``small landowner'' means an 
     individual who owns 50 acres or fewer of land.
       (5) Species recovery agreement.--The term ``species 
     recovery agreement'' means an Endangered and Threatened 
     Species Recovery Agreement entered into by the Secretary 
     under section 714.

   Mr. MURKOWSKI. Mr. President. I rise today with my 
colleagues from Louisiana, Mississippi and California to introduce the 
Conservation and Reinvestment Act of 2000. This legislation remedies a 
tremendous inequity in the distribution of revenues generated by 
offshore oil and gas production from the Federal Outer Continental 
Shelf (OCS). It directs that a portion of those moneys be allocated to 
coastal States and communities who shoulder the responsibility for 
energy development off their coastlines. It also provides secure 
funding for a number of conservation programs.
  This bill is similar to S. 25 which I cosponsored a little more than 
a year ago with Senators Landrieu and Lott, along with a number of 
other Senators from both sides of the aisle. S. 25 and other proposals 
to spend OCS revenues are pending before the Senate Energy and Natural 
Resources Committee and a series of legislative hearings were held on 
these bills in the first session. The Committee continues to strive to 
reach an agreement on legislation which can be reported favorably to 
the floor.
  Today, I am cosponsoring this bill in an effort to continue to move 
the process forward in the Senate. This bill is identical to the 
bipartisan bill reported by the House Resources Committee and which 
presently has 302 sponsors. At the same time, the Administration has 
proposed its Lands Legacy Initiative which would provide $1.4 billion 
annually in dedicated funding for a number of the programs funded in 
this bill. Given the Administration's action and anticipated passage by 
the House of Representatives of OCS legislation, I believe it is 
crucial that the Senate pass its own OCS bill.
  This bill is not perfect and I have serious reservations about some 
of the provisions in Title 1. Title 1 provides $1 billion a year to 
coastal States and communities to mitigate the impacts of OCS 
activities off their shores. Offshore oil and gas production generates 
$3 to $4 billion in revenues annually for the U.S. Treasury. Yet, 
unlike mineral receipts from onshore Federal lands, very little of OCS 
oil and gas revenues are shared with coastal States. This bill remedies 
that disparity.
  As Americans confront increasing oil and gas prices caused by this 
nation's reliance on foreign petroleum products, we should all 
recognize the importance of the OCS to this nation's energy 
independence. According to the Energy Information Administration, the 
OCS accounts for 27 to 28 percent of total U.S. oil and gas production. 
This production is authorized to occur off the coast of six States: 
parts of Alaska, parts of California; Texas, Mississippi, Alabama; and 
Louisiana. All Americans benefit from OCS production yet the States 
which produce this oil and gas off their coasts bear the burden.
  It is in the long-term best interest of this country to support 
responsible and sustainable development of nonrenewable resources. We 
now import more than 55 percent of our domestic petroleum requirements 
and it is predicted that America will be at least 65 percent dependent 
on foreign energy sources by 2020. OCS development will play an 
important role in offsetting even greater dependence on foreign energy.
  I do, however, have concerns about some of the provisions in Title 1. 
Title 1 places unreasonable restrictions on the use of coastal impact 
assistance funds by States and local governments. Like onshore mineral 
revenue sharing payments, the decision as to how to spend this money 
should be made by State and local government officials after a public 
process. There is no need for the Federal government to mandate that 
these funds be used for only certain, specific programs. Coastal impact 
assistance funds are just that--funds coastal States can use to offset 
the unavoidable impacts of OCS development. These impacts can range 
from shoreline erosion to the need for new schools to educate the 
children of oil and gas workers. And, these impacts can vary from year-
to-year. It is important that the Federal government give States the 
flexibility they need to determine their needs and for Washington not 
to mandate a one-size fits all solution.
  I also am concerned that Title 1 allows coastal States--without any 
OCS production--to receive more coastal impact assistance funds than 
States with OCS production. We cannot forget where this money comes 
from: it is generated by OCS oil and gas development. Nor can we forget 
the purpose of sharing these revenues with coastal

[[Page S946]]

States: to offset the unavoidable impacts of this OCS development. It 
is unfair to allow States which do not bear the burdens of 
this development to benefit at the expense of States off whose shores 
development occurs. This provision must be added to this bill.

  I do want to note a few other provisions in this bill which I believe 
are critical. Title 2 provides $900 million a year for the Land and 
Water Conservation Fund (LWCF). These LWCF monies are split between 
Federal land acquisition and the state-side LWCF matching grant 
program. As to the Federal land acquisition funds, a number of sensible 
limitations are placed on the expenditure of this money to ensure that 
Federal funds are spent to address Americans' concerns about the loss 
of private property in many States.
  Each year the Administration must submit a list to Congress of each 
tract of land it proposes to acquire with LWCF monies and Congress must 
specifically approve each project through the appropriations process. 
Within 30 days of the submission of this list, Congressional 
representatives, the Governors and local government officials must be 
notified of relevant purchase requests. At the same time, the local 
public must be notified in a newspaper that is widely distributed in 
the area in which the proposed acquisition is to take place.
  The Administration must seek to consolidate Federal land holdings in 
States with checkerboard Federal land ownership patterns. It also must 
seek to use exchanges and conservation easements as an alternative to 
fee title acquisition. If the Administration identifies tracts from 
non-willing sellers, it must notify Congress and, unless specifically 
authorized by Congress, the bill prohibits adverse condemnation. The 
Administration must identify to Congress its authority to carry out 
Federal acquisitions. No purchases can occur until all actions under 
Federal law are completed and a copy of the final NEPA document must be 
sent to Congress and the Governor and local government officials must 
be notified that the NEPA document is available.
  The bill has a number of other provisions of interest to Westerners 
where the vast majority of Federal land is located. The bill requires 
just compensation for the taking of private property and protects State 
water rights. It provides $200 million annually for the maintenance of 
Federal lands managed by the Department of the Interior or the Forest 
Service. It also provides up to $200 million in additional funding for 
the Payment in-lieu-of Taxes and Refugee Revenue Sharing programs. The 
bill provides the necessary funds to reduce the $10 billion backlog of 
willing sellers located within the boundaries of Federal land 
management units. Finally, the bill restricts the Federal government's 
regulatory ability over private lands.
  This bill is not perfect but it does reflect a bipartisan consensus. 
It provides a starting point for Senate discussions of conflicting OCS 
revenue-sharing proposals. With the anticipated action of the House and 
the Administration's Lands Legacy Initiative, it is imperative that the 
Senate put forth its own proposal to distribute OCS revenues. I remain 
committed to working with all Senators on such a proposal.
                                 ______
                                 
      By Mr. LAUTENBERG (for himself, Mr. Lugar, Mr. Durbin, and Mr. L. 
        Chafee):
  S. 2125. A bill to provide for the disclosure of certain information 
relating to tobacco products and to prescribe labels for packages and 
advertising of tobacco products; to the Committee on Commerce, Science, 
and Transportation.


        SMOKER'S RIGHT TO KNOW AND TRUTH IN TOBACCO LABELING ACT

 Mr. LAUTENBERG. Mr. President, today I introduce the Smoker's 
Right to Know and Truth in Tobacco Labeling Act. I am joined by my 
colleagues, Senator Lugar, Senator Durbin, and Senator Chafee.
  Mr. President, the Smoker's Right to Know and Truth in Tobacco 
Labeling Act has two common-sense objectives.
  First, the bill will require tobacco manufacturers to disclose the 
ingredients of their products to the public--including toxic and 
cancer-causing ingredients.
  Second, our bill will replace the small health warnings on the side 
of a cigarette pack with larger warnings on the front and back that are 
simple and direct: ``Cigarettes Cause Cancer.'' ``Cigarettes are 
Addictive.'' ``Smoking Can Kill You.''
  Of the hundreds of products for sale in America that go into the 
human body, tobacco products are the only ones--the only ones--for 
which manufacturers do not have to disclose ingredients. Even Coca-
Cola, with a proud tradition of keeping its formula secret, has to list 
Coke's ingredients on every can.
  Mr. President, manufacturers of every food product and every over-
the- counter drug disclose their contents. Cigarette manufacturers do 
not. Yet, of any consumable product for sale in the United States, 
cigarettes are by far the most deadly.
  One in three smokers will die from a smoking-related disease. That is 
more than 400,000 Americans every year. We should disclose information 
on cigarette ingredients to the public and provide realistic warnings 
about the health risks cigarettes cause.
  Mr. President, how much do smokers really know about the chemicals 
they are inhaling with every puff of cigarette smoke? When a smoker 
lights a cigarette, the burning ingredients create other chemicals. 
Some of these are carcinogenic.
  A Surgeon General's report in 1989 reported that cigarettes contain 
43 carcinogens. Forty-three. The public has a right to know.
  Do most smokers realize that one of these chemicals is arsenic? Yes, 
arsenic. I do not think most smokers know that.
  Our bill will disclose that, as well as the other chemical 
carcinogens in cigarette smoke.
  Mr. President, with all these known dangers about smoking, we should 
not hide the health warning labels in small type on the side of a 
cigarette pack. Other countries, such as Canada, Australia and 
Thailand, put large labels on the front of each pack. The United States 
should provide equal protection to consumers. The warnings should be 
stark, clear, and easily seen.
  When cigarettes get in the hands of children, and with 3,000 children 
becoming regular smokers every day, we have a duty to give them the 
facts: ``Cigarettes Cause Cancer.'' ``Smoking is Addictive.'' ``Smoking 
Can Kill You.''
  That is a lot more graphic and descriptive than the small print that 
appears today. Large and forthright warnings are more likely to be 
seen, read, understood, and recalled. More children--and adults--will 
get the message, and put down the pack rather than lighting up.
  In a recent study of Canadian cigarette pack messages--similar to 
those required by this legislation--half of all smokers who were 
smoking less, or trying to quit, cited cigarette pack messages as 
contributing to their decisions. Larger, bolder warnings can make a 
difference.
  Mr. President, the 106th Congress should enact this legislation. This 
is a bipartisan bill, and I want to thank my cosponsors, Senators 
Lugar, Durbin and Chafee for joining me in this effort. In the coming 
weeks, I expect that this bill will attract more cosponsors from both 
sides of the aisle.
  Mr. President, I ask that the text of this bill be printed in the 
Record.
  The bill follows:

                                S. 2125

       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 ``Smoker's Right to Know and 
     Truth in Tobacco Labeling Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Advertisement.--The term ``advertisement'' means all 
     newspapers and magazine advertisements and advertising 
     inserts, billboards, posters, signs, decals, banners, 
     matchbook advertising, point-of-purchase display material and 
     all other written or other material used for promoting the 
     sale or consumption of tobacco products to consumers, and 
     advertising at an Internet site.
       (2) Brand.--The term ``brand'' means a variety of tobacco 
     products distinguished by the tobacco used, tar and nicotine 
     content, flavoring used, size of the tobacco product, 
     filtration, or packaging.
       (3) Brand style.--The term ``brand style'' means a variety 
     of cigarettes distinguished by the tobacco used, tar and 
     nicotine content, flavoring used, size of the cigarette, 
     filtration on the cigarette, or packaging.
       (4) Carcinogen.--The term ``carcinogen'' means any agent 
     that is determined to be tumorigenic according to the 
     National Toxicology Program or the International Agency

[[Page S947]]

     for Research on Cancer, or that is otherwise known by the 
     manufacturer to be tumorigenic.
       (5) Cigar.--The term ``cigar'' means any roll of tobacco 
     wrapped in leaf tobacco or in any substance containing 
     tobacco, that weighs 3 pounds or more per thousand, and is 
     not a cigarette or little cigar.
       (6) Cigarette.--The term ``cigarette'' means--
       (A) any roll of tobacco wrapped in paper or tobacco leaf or 
     in any substance not containing tobacco which is to be 
     burned,
       (B) any roll of tobacco wrapped in any substance containing 
     tobacco which, because of its appearance, the type of tobacco 
     used in the filler, or its packaging or labeling is likely to 
     be offered to, or purchased by consumers as a cigarette 
     described in subparagraph (A),
       (C) little cigars which are any roll of tobacco wrapped in 
     leaf tobacco or any substance containing tobacco (other than 
     any roll of tobacco which is a cigarette within the meaning 
     of subparagraph (A)) and as to which 1,000 units weigh not 
     more than 3 pounds, and
       (D) loose rolling tobacco that, because of its appearance, 
     type, packaging, or labeling, is likely to be offered to, or 
     purchased by, consumers as tobacco for making cigarettes.
       (7) Commerce.--The term ``commerce'' means--
       (A) commerce between any State, the District of Columbia, 
     the Commonwealth of Puerto Rico, Guam, the Virgin Islands, 
     American Samoa, Wake Island, Midway Islands, Kingman Reef, or 
     Johnston Island and any place outside thereof;
       (B) commerce between points in any State, the District of 
     Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
     Islands, American Samoa, Wake Island, Midway Islands, Kingman 
     Reef, or Johnston Island, but through any place outside 
     thereof; or
       (C) commerce wholly within the District of Columbia, Guam, 
     the Virgin Islands, American Samoa, Wake Island, Midway 
     Islands, Kingman Reef, or Johnston Island.
       (8) Constituent.--The term ``constituent'' means any 
     element of tobacco or cigarette mainstream or sidestream 
     smoke, including tar, the components of the tar, nicotine, 
     and carbon monoxide or any other component designated by the 
     Secretary.
       (9) Distributor.--The term ``distributor'' does not include 
     a retailer and the term ``distribute'' does not include 
     retail distribution.
       (10) Ingredient.--The term ``ingredient'' means any 
     substance the use of which results, or may reasonably be 
     expected to result, directly or indirectly, in its becoming a 
     component of any tobacco product, including any component of 
     the paper or filter of such product.
       (11) Package.--The term ``package'' means a pack, box, 
     carton, or other container of any kind in which cigarettes or 
     other tobacco products are offered for sale, sold, or 
     otherwise distributed to customers.
       (12) Person.--The term ``person'' means an individual, 
     partnership, corporation, or any other business or legal 
     entity.
       (13) Pipe tobacco.--The term ``pipe tobacco'' means any 
     loose tobacco that, because of its appearance, type, 
     packaging, or labeling, is likely to be offered to, or 
     purchased by, consumers as a tobacco product to be smoked in 
     a pipe.
       (14) Sale or distribution.--The term ``sale or 
     distribution'' includes sampling or any other distribution 
     not for sale.
       (15) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (16) Smokeless tobacco.--The term ``smokeless tobacco'' 
     means any product that includes cut, ground, powdered, or 
     leaf tobacco that is intended to be placed in the oral or 
     nasal cavity.
       (17) State.--The term ``State'' includes, in addition to 
     the 50 States, the District of Columbia, Guam, the 
     Commonwealth of Puerto Rico, the Northern Mariana Islands, 
     the Virgin Islands, American Samoa, and the Trust Territory 
     of the Pacific Islands.
       (18) Tar.--The term ``tar'' means the particulate matter 
     from tobacco smoke minus water and nicotine.
       (19) Tobacco product.--The term ``tobacco product'' means 
     any product made of or derived from tobacco leaf for human 
     consumption, including cigarettes, cigars, little cigars, 
     loose tobacco, smokeless tobacco, and pipe tobacco.
       (20) Trademark.--The term ``trademark'' means any word, 
     name, symbol, logo, or device or any combination thereof used 
     by a person to identify or distinguish such person's goods 
     from those manufactured or sold by another person and to 
     indicate the source of the goods.
       (21) United States.--The term ``United States'' includes 
     the States and installations of the Armed Forces of the 
     United States located outside a State.

     SEC. 3. CIGARETTE PRODUCT PACKAGE LABELING; ADVERTISING 
                   WARNINGS.

       (a) Warning Labels.--
       (1) In general.--It shall be unlawful for any person to 
     manufacture, package, or import for sale or distribution 
     within the United States any cigarettes the package of which 
     fails to bear, in accordance with the requirements of this 
     section, one of the following label statements:
       WARNING: Cigarettes are addictive
       WARNING: Tobacco smoke can harm your children
       WARNING: Cigarettes cause fatal lung disease
       WARNING: Cigarettes cause cancer
       WARNING: Cigarettes cause strokes and heart disease
       WARNING: Smoking during pregnancy can harm your baby
       WARNING: Smoking can kill you
       WARNING: Tobacco smoke causes fatal lung disease in non-
     smokers
       WARNING: Quitting smoking now greatly reduces serious risks 
     to your health
       WARNING: Smoking causes sexual dysfunction.
       (2) List of carcinogens.--
       (A) In general.--It shall be unlawful for any person to 
     manufacture, package, or import for sale or distribution in 
     the United States any cigarettes the package of which fails 
     to bear, in accordance with the requirements of this section, 
     a statement that lists in the manner and order as required by 
     subparagraph (B) certain carcinogens present in that 
     cigarette brand's ingredients or constituents.
       (B) Statement required.--The statement required under 
     subparagraph (A) shall--
       (i) be listed as follows:
       ``CANCER-CAUSING AGENTS: The following cancer-causing 
     agents are inhaled in this product's smoke: [list of 
     carcinogens]'';
       (ii) in the bracketed area in the statement described in 
     clause (i), list carcinogens in the following categories that 
     are present in that cigarette brand's ingredients or 
     constituents in the following descending order--

       (I) inorganic compounds;
       (II) miscellaneous organic compounds;
       (III) aldehydes;
       (IV) carcinogenic tobacco-specific nitrosamines (TSNAs).
       (V) volatile nitrosamines; and
       (VI) if any other carcinogens are present, state the 
     following: ``and other carcinogens''; and

       (iii) display, in bold print, the percentage of any 
     carcinogen listed in clause (ii) relative to the average of 
     such concentration of such carcinogen in the sales weighted 
     average of all cigarettes marketed in the United States.
       (3) Placement; typography.--
       (A) Warning labels.--Each label statement required by 
     paragraph (1) shall be located in the upper portion of the 
     front and rear panels of the package, directly on the package 
     underneath the cellophane or other clear wrapping. Each label 
     statement shall comprise at least the top 33 percent of the 
     front and rear panels of the package. The word ``WARNING'' 
     shall appear in capital letters and all text shall be in 
     conspicuous and legible 17-point bold, uncondensed, sans 
     serif type. Notwithstanding the preceding sentence, the point 
     size may be reduced when the longest line of text exceeds 16 
     typographic characters (letters and space), except that such 
     reduced point size may never be smaller than 15-point and at 
     least 60 percent of the area involved shall be occupied by 
     the required text. The text shall be black on a white 
     background, or white on a black background, in a manner that 
     contrasts, by typography, layout, or color, with all other 
     printed material on the package, in an alternating fashion 
     under the plan submitted under subsection (c)(4).
       (B) List of carcinogens.--Each statement required by 
     paragraph (2) shall be located in the same place that label 
     statements were placed on cigarette packages as of October 
     12, 1984. The text of the statement shall be in conspicuous 
     and legible 9-point uncondensed, sans serif type and shall 
     appear in a conspicuous and prominent format on 1 side of the 
     package. The Secretary may revise type sizes for the text in 
     such an area and in such a manner as the Secretary determines 
     to be appropriate. The term ``CANCER-CAUSING AGENTS'' shall 
     appear in bold capital letters, and the text shall be black 
     on a white background, or white on a black background, in a 
     manner that contrasts, by typography, layout, or color, with 
     all other printed material on the package, except the label 
     statement required under paragraph (1).
       (4) Does not apply to foreign distribution.--The provisions 
     of this subsection do not apply to a manufacturer or 
     distributor of cigarettes which does not manufacture, 
     package, or import cigarettes for sale or distribution within 
     the United States.
       (b) Package Insert.--
       (1) In general.--It shall be unlawful for any person to 
     manufacture, import, package, or distribute for sale within 
     the United States any cigarettes unless the cigarette package 
     includes a package insert, prepared in accordance with 
     guidelines established by the Secretary by regulation, on 
     carcinogens, toxins, and other substances posing a risk to 
     human health that are contained in the ingredients and 
     constituents of the cigarettes in such package. The Secretary 
     shall include in such guidelines information on the health 
     impact of smoking and smoking cessation as determined to be 
     necessary by the Secretary to advance public health.
       (2) Regulations.--The Secretary shall issue regulations 
     requiring the package insert required by paragraph (1) to 
     provide the information required by such paragraph (including 
     carcinogens and other dangerous substances) in a prominent, 
     clear fashion and a detailed list of the ingredients and 
     constituents.
       (c) Advertising Requirements.--
       (1) In general.--It shall be unlawful for any manufacturer, 
     importer, distributor, or retailer of cigarettes to advertise 
     or cause to be advertised within the United States any 
     cigarette, or any similar tobacco product, unless its 
     advertising bears, in accordance with the requirements of 
     this section--

[[Page S948]]

       (A) one of the label statements specified in paragraph (1) 
     of subsection (a); and
       (B) a list of carcinogens specified in paragraph (2) of 
     subsection (a).
       (2) Typography.--
       (A) Warnings.--
       (i) In general.--Each cigarette advertisement shall include 
     a label statement required by subsection (a)(1) as set forth 
     in this subparagraph.
       (ii) Advertisements.--For press (including magazine and 
     newspaper), poster and billboard advertisements, each such 
     label statement shall comprise at least 30 percent of the 
     area of the advertisement and shall appear in a conspicuous 
     and prominent format and location at the top of each 
     advertisement within the printing safety area. The Secretary 
     may revise the required type sizes in such area in such 
     manner as the Secretary determines appropriate to advance 
     public health.
       (iii) Text.--The word ``WARNING'' shall appear in capital 
     letters, and each label statement shall appear in 
     conspicuous, uncondensed, bold, sans serif type. The text of 
     the label statement shall be black if the background is white 
     and white if the background is black, under the plan 
     submitted under paragraph (4). The label statements shall be 
     enclosed by a rectangular border that is the same color as 
     the letters of the statements and that is twice the width of 
     the vertical stroke of the letter ``I'' in the word 
     ``WARNING'' in the label statements.
       (iv) Point type.--The text of such label statements shall 
     be in a bold typeface pro rata to the following requirements:

       (I) 45-point type for a whole-page broadsheet newspaper 
     advertisement.
       (II) 39-point type for a half-page broadsheet newspaper 
     advertisement.
       (III) 39-point type for a whole-page tabloid newspaper 
     advertisement.
       (IV) 27-point type for a half-page tabloid newspaper 
     advertisement.
       (V) 31.5-point type for a double page spread magazine or 
     whole-page magazine advertisement.
       (VI) 22.5-point type for a 28 centimeter by 3 column 
     advertisement.
       (VII) 15-point type for a 20 centimeter by 2 column 
     advertisement.

       (v) Billboards.--For billboard advertisements, the typeface 
     shall be adjusted so that the text occupies 60-70 percent of 
     the label area. The warning label on billboards that use 
     artificial lighting shall not be less visible than other 
     printed matter on the billboard when the lighting is in use.
       (vi) All label statements.--The label statements shall be 
     in English, except that in the case of--

       (I) an advertisement that appears in a newspaper, magazine, 
     periodical, or other publication that is not in English, the 
     statements shall appear in the predominant language of the 
     publication; and
       (II) in the case of any other advertisement that is not in 
     English, the label statements shall appear in the same 
     language as that principally used in the advertisement.

       (B) List of carcinogens.--Each statement required by 
     subsection (a)(2) in cigarette advertising shall comply with 
     the standards set forth in this subparagraph. For press, 
     poster and billboard advertisements, each such statement 
     shall appear in a conspicuous and prominent format and be 
     located at the bottom of each advertisement within the 
     printing safety area. Each such statement shall comprise not 
     less than 15 percent of the area of the advertisement, with 
     the text of the statement comprising not less than 60 percent 
     and not more than 70 percent of such an area. The Secretary 
     may designate required type sizes in such an area in such a 
     manner as the Secretary determines appropriate to advance 
     public health. The text of such a statement shall be black if 
     the background is white, and white if the background is 
     black, and shall be in type that is otherwise in contrast in 
     typography, layout, or color with all other printed material 
     in the advertisement.
       (3) Adjustment by secretary.--The Secretary may, through a 
     rulemaking under section 553 of title 5, United States Code, 
     adjust the format and type sizes and content for the label 
     statements required by this section or the text, format, and 
     type sizes of any required tar, nicotine yield, or other 
     constituent disclosures, or to establish the text, format, 
     and type sizes for any other disclosures required under the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et. 
     seq.). The text of any such label statements or disclosures 
     shall be required to appear only within the 30 percent area 
     of cigarette advertisements provided by paragraph (2). The 
     Secretary shall promulgate regulations which provide for 
     adjustments in the format and type sizes of any text required 
     to appear in such area to ensure that the total text required 
     to appear by law will fit within such area.
       (4) Marketing requirements.--
       (A) In general.--The label statements specified in 
     subsection (a)(1) shall be randomly displayed in each 12-
     month period, in as equal a number of times as is possible on 
     each brand and brand style of the product and be randomly 
     distributed in all areas of the United States in which the 
     product is marketed in accordance with a plan submitted by 
     the cigarette manufacturer, importer, distributor, or 
     retailer, and approved by the Secretary.
       (B) Rotation.--The label statements specified in subsection 
     (a)(1) shall be rotated quarterly in alternating sequence in 
     advertisements for each brand and brand style of cigarettes 
     in accordance with a plan submitted by the cigarette 
     manufacturer, importer, distributor, or retailer to, and 
     approved by, the Secretary.
       (C) Review of plan.--The Secretary shall review each plan 
     submitted under subparagraph (B) and approve it if the plan--
       (i) will provide for the equal distribution and display on 
     packaging and the rotation required in advertising under this 
     subsection; and
       (ii) assures that all of the label statements required 
     under this section will be displayed by the cigarette 
     manufacturer, importer, distributor, or retailer at the same 
     time.
       (d) Television and Radio Advertising.--It is unlawful to 
     advertise cigarettes on any medium of electronic 
     communications subject to the jurisdiction of the Federal 
     Communications Commission.

     SEC. 4. LABELS AND ADVERTISING WARNINGS FOR SMOKELESS 
                   TOBACCO, CIGARS, AND PIPE TOBACCO.

       (a) Warning Labels.--
       (1) In general.--It shall be unlawful for any person to 
     manufacture, package, or import for sale or distribution 
     within the United States any smokeless tobacco product, cigar 
     product, or pipe tobacco product, or any similar tobacco 
     product, unless the product package bears, in accordance with 
     the requirements of this Act, one of the following label 
     statements:
       (A) Any smokeless tobacco product shall bear one of the 
     following label statements:
       WARNING: Smokeless tobacco causes mouth cancer
       WARNING: Smokeless tobacco causes gum disease and tooth 
     loss
       WARNING: Smokeless tobacco is not a safe alternative to 
     cigarettes
       WARNING: Smokeless tobacco is addictive
       (B) Any cigar product shall bear one of the following label 
     statements:
       WARNING: Cigar smoke causes mouth cancer
       WARNING: Cigar smoke causes throat cancer
       WARNING: Cigar smoke causes lung cancer
       WARNING: Cigars are not a safe alternative to cigarettes
       WARNING: Cigar smoke can harm your children
       (C) Any pipe tobacco product shall bear one of the 
     following label statements:
     WARNING: Pipe smoking causes mouth cancer
     WARNING: Pipe smoking causes throat cancer
     WARNING: Pipe smoking is not a safe alternative to cigarettes
     WARNING: Pipe smoking can harm your children
       (2) Requirements.--
       (A) Location of label statement.--Each label statement 
     required by paragraph (1) shall--
       (i) for any smokeless tobacco or pipe tobacco product, be 
     located on the 2 principal display panels of the product 
     package, and comprise at least 25 percent of each such 
     display panel; and
       (ii) for any cigar product, be located on a band around 
     each cigar that is packaged for individual sale, and for each 
     package of cigars, be located in the upper portion of the 
     front and rear panels of the package and comprise at least 
     the top 33 percent of the front and rear panels of the 
     package.
       (B) Size and text of label statement.--Each label statement 
     required by paragraph (1) shall be in 17-point bold, 
     uncondensed, sans serif type and in black text on a white 
     background, or white text on a black background, in a manner 
     that contrasts by typography, layout, or color, with all 
     other printed material on the package or band, in an 
     alternating fashion under the plan submitted under subsection 
     (b)(3), except that if the text of a label statement would 
     occupy more than 70 percent of the area specified by 
     subparagraph (A), such text may appear in a smaller type 
     size, so long as at least 60 percent of such warning area is 
     occupied by the label statement.
       (3) Introduction.--The label statements required by 
     paragraph (1) shall be introduced by each manufacturer, 
     packager, importer, distributor, or retailer of smokeless 
     tobacco products, cigar products, and pipe tobacco products 
     concurrently into the distribution chain of such products.
       (4) Does not apply to foreign distribution.--The provisions 
     of this subsection do not apply to a manufacturer or 
     distributor of any smokeless tobacco product, cigar product, 
     or pipe tobacco product that does not manufacture, package, 
     or import such products for sale or distribution within the 
     United States.
       (b) Advertisements.--
       (1) In general.--It shall be unlawful for any manufacturer, 
     packager, importer, distributor, or retailer of smokeless 
     tobacco products, cigar products, or pipe tobacco products to 
     advertise or cause to be advertised within the United States 
     any such product unless its advertising bears, in accordance 
     with the requirements of this section, one of the label 
     statements specified in subsection (a) that is applicable to 
     such product.
       (2) Requirements.--Each label statement required by 
     paragraph (1) shall comply with the standards set forth in 
     this paragraph. For press and poster advertisements, each 
     such statement and (where applicable) any required statement 
     relating to tar, nicotine, or other constituent yield shall--
       (A) comprise at least 20 percent of the area of the 
     advertisement, and the warning area shall be delineated by a 
     dividing line of contrasting color from the advertisement; 
     and

[[Page S949]]

       (B) the word ``WARNING'' shall appear in capital letters 
     and each label statement shall appear in conspicuous and 
     legible type.

     The text of the label statement shall be black on a white 
     background, or white on a black background, in an alternating 
     fashion under the plan submitted under paragraph (3).
       (3) Display.--
       (A) Random display.--The label statements specified in 
     subsection (a)(1) shall be randomly displayed in each 12-
     month period, in as equal a number of times as is possible on 
     each brand of the product and be randomly distributed in all 
     areas of the United States in which the product is marketed 
     in accordance with a plan submitted by the manufacturer, 
     importer, distributor, or retailer of smokeless tobacco 
     products, cigar products, or pipe tobacco products and 
     approved by the Secretary.
       (B) Rotation.--The label statements specified in subsection 
     (a)(1) shall be rotated quarterly in alternating sequence in 
     advertisements for each brand of smokeless tobacco product, 
     cigar product, and pipe tobacco product, in accordance with a 
     plan submitted by the tobacco product manufacturer, importer, 
     distributor, or retailer to, and approved by, the Secretary.
       (C) Review of plan.--The Secretary shall review each plan 
     submitted under subparagraph (B) and approve it if the plan--
       (i) will provide for the equal distribution and display on 
     packaging and the rotation required in advertising under this 
     subsection; and
       (ii) assures that all of the label statements required 
     under this section will be displayed by the manufacturer, 
     importer, distributor, or retailer of smokeless tobacco 
     products, cigar products, or pipe tobacco products, at the 
     same time.
       (c) Package Insert.--
       (1) In general.--It shall be unlawful for any person to 
     manufacture, import, package, or distribute for sale within 
     the United States any smokeless tobacco product, cigar 
     product, or pipe tobacco product unless such product, not 
     including a cigar that is sold individually, includes a 
     package insert, prepared in accordance with guidelines 
     established by the Secretary by regulation, on carcinogens, 
     toxins, and other substances posing a risk to human health 
     that are contained in the ingredients and constituents of 
     such product. The Secretary shall include in such guidelines 
     information on the health impact of smoking and smoking 
     cessation as the Secretary determines to be necessary to 
     advance public health.
       (2) Regulations.--The Secretary shall issue regulations 
     requiring the package insert required by paragraph (1) to 
     provide the information required by such paragraph (including 
     carcinogens and other dangerous substances) in a prominent, 
     clear fashion and a detailed list of the ingredients and 
     constituents.
       (d) Television and Radio Advertising.--It is unlawful to 
     advertise smokeless tobacco product, cigar product, or pipe 
     tobacco product on any medium of electronic communications 
     subject to the jurisdiction of the Federal Communications 
     Commission.

     SEC. 5. AUTHORITY TO REVISE WARNING LABEL STATEMENTS.

       The Secretary may, by a rulemaking conducted under section 
     553 of title 5, United States Code, adjust the format, type 
     size, content, and text of any of the warning label 
     statements required by this Act, or establish the format, 
     type size, and text of any other disclosures required under 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
     seq.), or alter the list of carcinogens disclosed on label 
     statements, if the Secretary finds that such a change would 
     promote greater public understanding of the risks associated 
     with the use of tobacco.

     SEC. 6. TOBACCO PRODUCT INGREDIENTS AND CONSTITUENTS.

       (a) General Rule.--Each person that manufactures, packages, 
     or imports into the United States any tobacco product shall 
     annually report, in a form and at a time specified by the 
     Secretary by regulation--
       (1) the identity of any added ingredient or constituent of 
     the product other than tobacco, water, or reconstituted 
     tobacco sheet made wholly from tobacco; and
       (2) the nicotine, tar, and carbon monoxide yield ratings 
     which shall accurately predict the nicotine, tar, and carbon 
     monoxide intake from such product for average consumers based 
     on standards established by the Secretary by regulation;

     if such information is not information which the Secretary 
     determines to be trade secret or confidential information 
     subject to section 552(b)(4) of title 5, United States Code, 
     and section 1905 of title 18, United States Code. The 
     ingredients and constituents identified under paragraph (1) 
     shall be listed in descending order according to weight, 
     measure, or numerical count. If any of such constituents are 
     carcinogens, or otherwise poses a risk to human health as 
     determined by the Secretary, such information shall be 
     included in the report.
       (b) Public Dissemination.--The Secretary shall review the 
     information contained in each report submitted under 
     subsection (a) and if the Secretary determines that such 
     information directly affects the public health, the Secretary 
     shall require that such information be included in a label 
     under sections 3 and 4.
       (c) Other Sources of Information.--The Secretary shall 
     establish a toll-free telephone number and a site on the 
     Internet which shall make available additional information on 
     the ingredients of such tobacco products, except information 
     which the Secretary determines to be trade secret or 
     confidential information subject to section 552(b)(4) of 
     title 5, United States Code, and section 1905 of title 18, 
     United States Code.

     SEC. 7. ENFORCEMENT.

       (a) In General.--
       (1) Regulations.--The Secretary shall issue such 
     regulations as may be appropriate for the implementation of 
     this Act. The Secretary shall issue proposed regulations for 
     such implementation within 180 days of the date of the 
     enactment of this Act. Not later than 180 days after the date 
     of the publication of such proposed regulations, the 
     Secretary shall issue final regulations for such 
     implementation. If the Secretary does not issue such final 
     regulations before the expiration of such 180 days, the 
     proposed regulations shall become final and the Secretary 
     shall publish a notice in the Federal Register about the new 
     status of the proposed regulations.
       (2) Consultation.--In carrying out the Secretary's duties 
     under this Act, the Secretary shall, as appropriate, consult 
     with such experts as may have appropriate training and 
     experience in the matters subject to such duties.
       (3) Monitoring of compliance.--The Secretary shall monitor 
     compliance with the requirements of this Act.
       (4) Recommendation for enforcement.--The Secretary shall 
     recommend to the Attorney General such enforcement actions as 
     may be appropriate under this Act.
       (b) Injunction.--
       (1) In general.--The district courts of the United States 
     shall have jurisdiction over civil actions brought to 
     restrain violations of this Act. Such a civil action may be 
     brought in the United States district court for the judicial 
     district in which any substantial portion of the violation 
     occurred or in which the defendant is found or transacts 
     business. In such a civil action, process may be served on a 
     defendant in any judicial district in which the defendant 
     resides or may be found and subpoenas requiring attendance of 
     witnesses in any such action may be served in any judicial 
     district.
       (2) Actions by interested parties.--Any interested 
     organization may bring a civil action described in paragraph 
     (1). If such an organization substantially prevails in such 
     an action, the court may award it reasonable attorney's fees 
     and expenses. For purposes of this paragraph, the term 
     `interested organization' means any nonprofit organization 
     one of whose purposes, and a substantial part of its 
     activities, include the promotion of public health through 
     reduction in the use of tobacco products.
       (c) Civil Penalty.--Any person who manufactures, packages, 
     distributes, or advertises a tobacco product in violation of 
     this Act shall be subject to a civil penalty of not more than 
     $100,000 for each violation per day.

     SEC. 8. REPORT TO CONGRESS BY THE SECRETARY.

       Not later than 36 months after the date of enactment of 
     this Act and biannually thereafter, the Secretary shall 
     transmit to the Congress a report describing actions taken 
     pursuant to this Act, current practices and methods of 
     tobacco advertising and promotion, and recommendations if any 
     for legislation.

     SEC. 9. EFFECTIVE DATES AND CONFORMING AMENDMENTS.

       (a) Effective Date.--This Act shall take effect on the date 
     of the enactment of this Act, except that section 3, 4, 5 and 
     6 shall take effect 1 year after the date of the enactment of 
     this Act.
       (b) Conforming Amendments.--Effective on the date that is 1 
     year from the date of the enactment of this Act, the Federal 
     Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et 
     seq.) and the Comprehensive Smokeless Tobacco Health 
     Education Act of 1986 (15 U.S.C. 4401) are repealed.

 Mr. LUGAR. Mr. President, I wish to say a few words, and 
perhaps echo some of those of my colleague. I am proud to sponsor this 
important piece of legislation with Senator Lautenberg. I was a co-
sponsor of a similar bill in the last Congress, and am glad to join him 
again in this effort. I also thank my colleagues Senator Durbin and 
Senator Chafee for their co-sponsorship of this good policy initiative.
  Let me start by saying that this bill is about health education and 
responsible individual decision-making. As Mayor of Indianapolis and in 
the U.S. Senate, I have advocated good health and fitness. I have 
integrated running into my daily routine and encourage my staff to do 
the same. In 1977, I founded the annual Dick Lugar Fitness festival in 
Indiana, which is an event I look forward to every year.
  A good health and fitness regimen requires an assumption of personal 
responsibility and an active role on the part of the individual, but it 
also requires a knowledge of two essential components of good health--
proper diet and exercise. I speak on a regular basis on the exercise 
component, but would like to make a couple of basic points about proper 
diet that are well within

[[Page S950]]

the scope of the federal government's responsibilities.
  We have taken great strides in the area of food packaging and 
labeling, pointing out to consumers vitamin and fat content; caloric 
and cholesterol facts. We require data on tests done on artificial 
sweeteners. But, in a product that threatens the life of one out of 
three regular users, we ignore those basic principles.
  Mr. President, we all know that in a food product, the discovery of 
even a single carcinogen can trigger media attack, consumer outrage and 
FDA regulation. However, under current law, a cigarette package is not 
even required to list its ingredients despite the presence of dozens of 
carcinogens. Applying a simple content labeling standard to tobacco in 
the interest of consistency and public health is overdue considering 
the massive health problems inflicted by tobacco.
  As Chairman of the Senate Committee on Agriculture, Nutrition, and 
Forestry, which has jurisdiction over some aspects of tobacco, I 
believe that our government must speak consistently and clearly about 
tobacco's risks. That has not always been the case. In the past, our 
government has sent mixed messages, for example, subsidizing the 
cultivation of tobacco and including cigarettes in military rations, 
even as it warned against tobacco's dangers. If public health warnings 
are to be trusted, they should not be ambiguous. The small, side-panel 
warnings currently in use on tobacco packages are not adequate in 
reflecting the risks of tobacco use as we now know them. We can and we 
should speak the truth with a clearer voice.
  Prominent labels on cigarette packages in plain English would be a 
steady reminder of the risks smokers face when they light up. True, 
almost every smoker understands that cigarettes are bad for health, but 
fewer know the degree of risk.
  Many smokers have tried to quit, some more than once. These labels 
will encourage them in this endeavor and remind them why they should 
try again.
  Most importantly, Mr. President, as Senator Lautenberg stated, the 
warnings will be prominent and readily understood by young Americans, 
thousands of whom light up for the first time every day.
  This bill does not interfere with an adult's freedom to choose to 
smoke, it does not raise tobacco prices, and it does not expand 
government regulatory authority beyond the labeling requirement. It is 
a modest and conservative step, but a decisive and important step in 
good public policy.
 Mr. L. CHAFEE. Mr. President, I am pleased to join Senators 
Lugar, Lautenberg, and Durbin today in introducing the Smoker's Right 
to Know and Truth in Labeling Act, which would require comprehensive 
and prominent labeling of cigarettes. This legislation is a commonsense 
and bipartisan approach to give every American a chance to make an 
informed decision about tobacco use.
  According to the Centers for Disease Control, nearly one in five 
deaths annually are attributed to tobacco use, making it the single 
most preventable cause of premature death, disease and disability 
facing our nation. In fact, more Americans die each year from tobacco 
use than from AIDS, alcohol, drug abuse, car accidents, murders, 
suicides, and fires combined.
  America's children are most at risk. Despite all we know about the 
effects of tobacco, each day, 3,000 kids become regular smokers. Of 
these, 1,000 will eventually die from tobacco-related illnesses. Almost 
90 percent of current adult smokers began at or before age 18.
  Rhode Island--which already has one of the highest rates of teen 
smoking in the nation--has recently seen another increase in teen 
smoking. Today, over 37 percent of Rhode Island's high school kids 
smoke cigarettes. Over 23,000 Rhode Island kids under age 18 will die 
prematurely from tobacco-related illnesses.
  Tobacco manufacturers say that tobacco use is a matter of choice. 
They argue that adults, with the full knowledge of the consequences, 
have the right to choose to smoke. I agree. But I also believe that 
individuals who choose to smoke should be making informed decisions.
  The Smoker's Right to Know and Truth in Tobacco Labelling Act would 
ensure that tobacco users understand the consequences of the choice 
they are making. With comprehensive labelling of cigarette packs, 
adults and especially minors, will know the dangers that cigarettes 
pose to their health and the health of their loved ones.
  This legislation follows on the recent example set by Canada, which 
passed tough labelling guidelines that have worked as a strong 
disincentive to beginning this deadly habit. Under the legislation we 
are introducing today, there will be no mistake about the life-
threatening health effects of tobacco products.
  As the father of three young children, I have a personal stake in 
helping to pass legislation to ensure that our kids do not develop this 
deadly habit. I hope our colleagues in the Senate will join us in 
passing this important, common-sense legislation.
                                 ______
                                 
      By Mr. HARKIN (for himself, Mr. Robb, Mr. Bingaman, Mrs. 
        Feinstein, Mr. Kennedy, Mr. Wellstone, and Mr. Dodd):
  S. 2124. A bill to authorize Federal financial assistance for the 
urgent repair and renovation of public elementary and secondary schools 
in high-need areas; to the Committee on Health, Education, Labor, and 
Pensions.


              the public school repair and renovation act

  Mr. HARKIN. Mr. President, today we will be introducing the Public 
School Repair and Renovation Act. This legislation will authorize $1.3 
billion in grants and no interest loans to enable school districts to 
make urgent repairs at our nation's public schools. I am pleased to be 
joined by Senators Robb, Bingaman, Feinstein, Kennedy, Wellstone, and 
Dodd in cosponsoring this legislation in the Senate.
  The facts about the condition of our nation's schools are well known. 
The average age of the schools in this country is 42 years. 14 million 
children attend classes in buildings that are unsafe or inadequate. The 
General Accounting Office reports we need $112 billion to just bring 
our schools up to overall good condition. How can kids prepare for the 
21st century in schools that didn't even make the grade in the 20th 
century?
  It is a national disgrace that the nicest thing our kids see are 
shopping malls, sports arenas, and movie theaters, and the most rundown 
place they see is their school. What signal are we sending them about 
the value we place on them, their education and future?
  I was disturbed by the comments of Tunisia, a Washington, D.C. 5th 
grader in Jonathan Kozol's book, ``Savage Inequalities.'' This is what 
she said.

       It's like this. The school is dirty. There isn't any 
     playground. There's a hole in the wall behind the principal's 
     desk. What we need to do is first rebuild the school. Build a 
     playground. Plant a lot of flowers. Paint the classrooms. Fix 
     the hole in the principal's office. Buy doors for the toilet 
     stalls in the girl's bathroom. Make it a beautiful clean 
     building. Make it pretty. Way it is, I feel ashamed.

  The legislation we are introducing would make it possible to fix the 
holes in the walls of Tunisia's school, put doors on the bathroom 
stalls and paint the classrooms. These repairs would make Tunisia feel 
a little less ashamed of herself and of her school.
  This legislation is part of a comprehensive two-prong strategy to 
modernize our nation's schools. This bill complements our continuing 
effort to provide tax credits for new construction and modernization 
projects. We have advocated school modernization tax credits that would 
finance $25 billion in new construction or major renovations. The 
Public School Repair and Renovation Act will complement that effort and 
I urge my colleagues to support it.
                                 ______
                                 
      By Mr. COCHRAN (for himself, Mr. Moynihan, and Mr. Frist):
  S.J. Res. 40. A joint resolution providing for the appointment of 
Alan G. Spoon as a citizen regent of the Board of Regents of the 
Smithsonian Institution; to the Committee on Rules and Administration.
  S.J. Res. 41. A joint resolution providing for the appointment of 
Sheila E. Widnall as a citizen regent of the Board of Regents of the 
Smithsonian Institution; to the Committee on Rules and Administration.
  S.J. Res. 42. A joint resolution providing for the reappointment of 
Manuel

[[Page S951]]

L. Ibanez as a citizen regent of the Board of Regents of the 
Smithsonian Institution; to the Committee on Rules and Administration.


              the smithsonian institution board of regents

  Mr. COCHRAN. Mr. President, today I am introducing three Senate joint 
resolutions reappointing citizen regents of the Board of Regents of the 
Smithsonian Institution. I am pleased that my fellow Smithsonian 
Institution Regents, the Senator from New York (Mr. Moynihan) and the 
Senator from Tennessee (Mr. Frist), are cosponsors.
  At its meeting on January 24, 2000, the Smithsonian Institution Board 
of Regents recommended the following distinguished individuals for 
appointment to the Smithsonian Institution Board of Regents: Mr. Manuel 
L. Ibanez of Texas; Mr. Alan G. Spoon of Maryland; and Ms. Sheila E. 
Widnall of Massachusetts.
  I ask unanimous consent that the biographies of the nominees and the 
text of the joint resolutions be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                              S.J. Res. 40

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That, in 
     accordance with section 5581 of the Revised Statutes of the 
     United States (20 U.S.C. 43), the vacancy on the Board of 
     Regents of the Smithsonian Institution, in the class other 
     than Members of Congress, occurring by reason of resignation 
     of Louis Gerstner of New York, is filled by the appointment 
     of Alan G. Spoon of Maryland. The appointment is for a term 
     of 6 years and shall take effect on the date of enactment of 
     this joint resolution.
                                  ____


                              S.J. Res. 41

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That, in 
     accordance with section 5581 of the Revised Statutes of the 
     United States (20 U.S.C. 43), the vacancy on the Board of 
     Regents of the Smithsonian Institution, in the class other 
     than Members of Congress, occurring by reason of resignation 
     of Louis Gerstner of New York, is filled by the appointment 
     of Alan G. Spoon of Maryland. The appointment is for a term 
     of 6 years and shall take effect on the date of enactment of 
     this joint resolution.
                                  ____


                              S.J. Res. 42

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That, in 
     accordance with section 5581 of the Revised Statutes of the 
     United States (20 U.S.C. 43), the vacancy on the Board of 
     Regents of the Smithsonian Institution, in the class other 
     than Members of Congress, occurring by reason of the 
     expiration of the term of Manuel L. Ibanez of Texas on May 4, 
     2000, is filled by the reappointment of the incumbent for a 
     term of 6 years. The reappointment shall take effect on May 
     5, 2000.
                                  ____


                           Manuel Luis Ibanez

   (President of Texas A&I University and Professor of Microbiology)

       B.S.--1957: Wilmington College, Wilmington, Ohio (cum 
     laude).
       M.S.--1959: Pennsylvania State University, University Park, 
     Pennsylvania.
       Ph.D.--1961: Pennsylvania State University, University 
     Park, Pennsylvania.
       National Science Foundation Cooperative Fellowship, 1959-
     1961 (2 year Full Fellowship).
       Postdoctoral training, 1962--University of California at 
     Los Angeles, Nuclear Medicine.
       Field of Specialization: Bacterial Physiology.


                        professional experience

       1961-1962: Bucknell University, Assistant Professor of 
     Bacteriology.
       5/62-11/62: UCLA, Postdoctoral trainee.
       1962-1965: Interamerican Institute of Agricultural Science 
     of the O.A.S. (Costa Rica), Senior Biochemist.
       1965-1970: LSU in New Orleans, Associate Professor and 
     Chairman, Biology.
       1970-1075: LSU in New Orleans, Associate Professor of 
     Biology.
       1973: Sabbatical Leave, University of California, San Diego 
     and Scripps Institute of Oceanography.
       1975-1978: University of New Orleans, Associate Professor 
     and Coordinator Allied Health Sciences.
       1977: University of New Orleans, Professor, Biological 
     Sciences.
       1978-1982: University of New Orleans, Professor, Biological 
     Sciences and Associate Dean of the Graduate School.
       1/1/82-6/30/83: University of New Orleans, Professor, 
     Biological Sciences and Associate Vice Chancellor for 
     Academic Affairs.
       7/1/83-3/31/85: University of New Orleans, Professor, 
     Biological Sciences and Acting Vice Chancellor for Academic 
     Affairs.
       4/1/85-7/31/89: University of New Orleans, Professor, 
     Biological Sciences and Vice Chancellor for Academic Affairs 
     and Provost.
       8/89: University of New Orleans, Professor Emeritus.
       8/1/89-Present: Texas A&I University, Professor of 
     Microbiology and President.
       8/1/90-Present: Texas A&M University, Visiting Professor of 
     Biochemistry.
       Professional Society Memberships Past and Present: American 
     Society for Microbiology; American Association for the 
     Advancement of Science; Fitotecnia Latinoamericana; Society 
     of Sigma Xi (Science); American Association of University 
     Administrators; American Association of State Colleges and 
     Universities; Hispanic Association of Colleges and 
     Universities.
                                  ____


                            Alan Gary Spoon

       Communications and publishing executive; b. Detroit, June 
     4, 1951; s. Harry and Mildred (Rudman) S.; m. Terri Alper, 
     June 3, 1975; children: Ryan, Leigh, Randi, B.S., MIT, 1973, 
     M.S. 1973; J.D., Harvard U., 1976. Cons. The Boston Cons. 
     Group, 1976-79, mgr., 1979-81, v.p., 1981; v.p., The 
     Washington Post Co., 1984-85; v.p., contr. Washington Post, 
     1985-86, v.p. mktg., 1986-87; v.p. fin., CFO The Washington 
     Post Co., 1987-89; pres. Newsweek mag., 1989-91; COO, The 
     Washington Post Co., 1991--, pres., 1993--; dir. Info, 
     Industry Assn., Washington, 1982-83, 88-89; bd. dirs., 
     trustee WETA-Pub. Broadcasting. 1986-92; bd. dirs. The Riggs 
     Nat. Bank of Washington, 1991-93, dir. Genome Scis., Inc. 
     (HGSI), (Rockville, MD), 1998. Dir. Norwood Sch., 1989-93, 
     chmn., 1993-95; dir Internat. Herald Tribune, 1991--, 
     Smithsonian Nat. Mus. Natural History, Wash. D.C. 1994--, Am. 
     Mgmt. Sys., Inc., Fairfax. VA, 1996--, Human Genome Scis. 
     Inc., Rockville, MD. 1998--. Recipient award for scholarship 
     and athletics Eastern Coll. Athletic Conf., and MIT, 1973. 
     Home: 7300 Loch Edin Ct, Potomac MD 20854-4835; Office: The 
     Washington Post Co, 1150 15th St. NW, Washington, DC 20071-
     0002.
                                  ____


                          Sheila Evans Widnall

       Aeronautical educator, former secretary of the airforce, 
     aeronautical educator, former university official; b. Tacoma, 
     July 13, 1938; d. Rolland John and Genievieve Alice (Krause) 
     Evans; m. William Soule Widnall, June 11, 1960; children: 
     William, Ann. BS in Aero. and Astronautics, MIT, 1960, MS in 
     Aero. and Astronautics, 1961, DSc, 1964; PhD (hon.), New Eng. 
     Coll., 1975, Lawrence U., 1987, Cedar Crest Coll., 1988, 
     Smith Coll., 1990, Mt. Holyoke, Coll., 1991, Ill. Inst. 
     Tech., 1991, Columbia U., 1994, Simmons Coll., 1994, Suffolk 
     U., 1994, Princeton U., 1994. Asst. prof. aeros. and 
     astronautics MIT, Cambridge, 1964-70, assoc. prof., 1970-74, 
     prof., 1974-93, head divsn. fluid mechanics, 1975-79; dir. 
     Fluid Dynamics Rsch. Lab., MIT, Cambridge, 1979-90; chmn. 
     faculty MIT, Cambridge, 1979-80, chairperson com. on acad. 
     responsibility, 1991-92, assoc. provost, 1992-93; sec. USAF, 
     1993-97; prof. MIT, Cambridge, 1997--; trustee Sloan Found., 
     1998--; bd. dirs. Chemfab Inc., Bennington, VT., Aerospace 
     Corp., L.A., Draper Labs., Cambridge; past trustee Carnegie 
     Corp., 1984-92, Charles Stark Draper Lab. Inc.; mem. Carnegie 
     Commn. Sci., Tech. and Govt. Contbr. articles to profl. 
     jours.; patentee in field; assoc. editor AIAA Jour. Aircraft, 
     1972-75, Physics of Fluids, 1981-88, Jour. Applied Mechanics, 
     1983-87; emm. editorial bd. Sci., 1984-86. Bd. visitors USAF 
     Acad., Colorado Springs, Colo., 1978-84, bed. chairperson, 
     1980-82; trustee Boston Mus. Scie., 1989--. Recipient 
     Washburn award Boston Mus. Sci., 1987. Fellow AAAS (bd. dirs. 
     1982-89, pres. 1987-88, chmn. 1988-89), AIAA (bd. dirs. 1975-
     77, Lawrence Sperry award 1972, Durand Lectureship for Pub. 
     Svc. award 1996, pres.-elect 1999--), Am. Phys. Soc. (exec. 
     com. 1979-82); mem. ASME (Applied Mechs. award 1995, Pres. 
     award 1999), NAE (coun. 1992-93, v.p. 1998--), NAS (panel on 
     sci. responsibility), Am. Acad. Arts and Scis., Soc. Women 
     Engrs. (Outstanding Achievement award 1975), Internat. Acad. 
     Astronautics, Seattle Mountaineers. Office: MIT Bldg 33-411 
     77 Massachusetts Ave Cambridge MA 02139.

                          ____________________