[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.
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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.
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