[Congressional Record Volume 146, Number 62 (Thursday, May 18, 2000)]
[Senate]
[Pages S4191-S4207]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN (for herself, Mr. Abraham, Mr. Leahy, Mr. 
        Jeffords, Mr. Reid, Mr. Moynihan, Ms. Mikulski, Mr. Graham, Mr. 
        Durbin, and Mr. DeWine):
  S. 2586. A bill to reduce the backlog in the processing of 
immigration benefit applications and to make improvements to 
infrastructure necessary for the effective provision of immigration 
services, and for other purposes; to the Committee on the Judiciary.


    immigration services and infrastructure improvements act of 2000

  Mrs. FEINSTEIN. Mr. President, today I am introducing bipartisan 
legislation that, if enacted, will enable the Immigration and 
Naturalization Service (INS) to cut through and eventually eliminate 
the unacceptably long backlogs in its processing of applications for 
naturalization, adjustment of status, and other immigration benefits.

  I am pleased that Senators Abraham, Jeffords, DeWine, Leahy, Reid, 
Moynihan, Mikulski, Graham, and Durbin have joined me as original 
cosponsors of this important bill.
  All of us have heard the horror stories of the long delays in 
processing naturalization and immigration applications. What was once a 
6-month process has now become a 3- to 4-year ordeal.
  The ``Immigration Services and Infrastructure Improvement Act of 
2000,'' which I am introducing today, would provide the Immigration and 
Naturalization Service with the direction and resources it needs to 
reduce the current immigration backlogs and hold it accountable to get 
the job done.
  It is unacceptable that millions of people who have followed our 
nation's laws, made outstanding contributions to our nation, and paid 
the requisite fees have had to wait months--and in too many cases, 
years--to obtain the immigration services they need. The enormous 
delays in processing have had a negative impact on the reunification of 
spouses and minor children, and on businesses seeking to employ 
essential workers to help keep them globally competitive.
  The fact is, there are many victims of an agency that is in dire need 
of a change in the way it does business. Today, it has become all too 
clear that the INS needs to re-engineer its adjudication process, which 
will require both additional resources and strong congressional 
direction and oversight.
  The ``Immigration Services and Infrastructure Improvement Act'' would 
enable millions of law-abiding residents, immigrants, and businesses, 
who have played by the rules and paid fees to the INS, to have their 
applications processed in a timely manner.
  This bill evolved from discussions with immigration advocates, the 
business community, State and local leaders, and the Administration. 
Specifically, this legislation would do three things.
  First, it would create a separate ``Immigration Services and 
Infrastructure Improvement Account'' (``Account'') and authorize such 
sums as may be necessary to fund it.
  This account would permit the INS to fund across several fiscal years 
infrastructure improvements, including additional staff, computer 
records management, fingerprinting, and nationwide computer 
integration. Moreover, it would pay for these infrastructure 
improvements through direct appropriations rather than through 
increased application fees.
  Second, the ``Immigration Services and Infrastructure Improvement Act 
of 2000'' would require the INS to put together a plan on how it will 
eliminate existing backlogs and report on this plan before it could 
access any of the funds.
  In its report, the INS would be required to describe its current 
processing capabilities and detail its plans to eliminate existing 
backlogs in immigration benefit applications and petitions.
  And third, it would require the Department of Justice to submit an 
annual, detailed report to Congress, including data on the number of 
naturalization applications and immigration petitions processed and 
adjudicated in each of the fiscal years following enactment of the act.
  The act would also require the INS to report on the number of cases 
still pending in the naturalization, immigrant and nonimmigrant visa 
categories. In some cases this would involve a state-by-state or 
regional analysis of INS's progress in processing applications in a 
timely fashion.
  In the past 7 years, 6.4 million people applied for U.S. 
citizenship--more than the previous 37 years combined. Today, INS faces 
a backlog of 1.3 million naturalization applications. Although the INS 
has put more resources into processing naturalization applications, 
this has come at the expense of processing other immigration-related 
applications, such as those for lawful permanent residence. At the 
beginning of this year, the INS had a pending caseload of 951,350 
adjustment of status applications--an eightfold increase since 1994.
  As a result, major cities continue to face tremendous delays in the 
processing of INS naturalization and immigrant applications. Five 
cities--Los Angeles, New York, San Francisco, Miami, and Chicago--
handle 65 percent of the nation's naturalization workload.
  By now, most of us are familiar with the numbers. Indeed, it would be 
easy for one to look at and decry the statistics reflecting the 
enormous number of backlogged applications. Instead, I come to floor of 
the Senate today to talk about the human cost of these backlogs and 
what I intend to do through legislation to help the INS put itself on 
its proper course.
  As one who represents California, a State that is number one among 
immigrant-receiving States, I have seen firsthand how families and 
businesses can be disproportionately affected by the smallest 
fluctuations in INS resources and services.
  One out of every four Californians--about 8.5 million people--is 
foreign born. The average number of new immigrants to the State is more 
than 300,000 annually. Population growth of this magnitude is like 
adding a city the size of Anaheim, California each year.
  The constant processing delays at the INS have had a tremendous 
impact on the ability of immigrants to naturalize, and seek services 
related to their application for green cards, work authorization, and 
family reunification.
  On almost a daily basis, my office fields calls from people who have 
been waiting three or four years to naturalize or to adjust their 
status to that of lawful permanent resident. And this is after having 
paid a fee of $225 per naturalization application, and $220 for an 
adjustment of status application--per person. Imagine how much of an 
investment a family makes in order to play by the rules.
  Applicants for these services are never really sure if their 
application is still in the process or lost, especially when the 
expected time for a fingerprint or interview notice comes and goes.
  I have received numerous letters from constituents that vividly 
portray the human toil these backlogs have taken.
  For example, one person wrote that he and his family have been in the 
country legally for more than 10 years. They filed their request for 
permanent residency at the right time. Their file, however, has moved 
so slowly within the INS that one of their sons is now about to ``age 
out'' of qualifying for permanent residence because he will turn 21 
soon.
  Just recently, I received a letter from a young student at Berkeley 
who filed a citizenship application in October 1996. She is still 
waiting to receive word from the INS on the correct status of her file.
  She was told by the INS in January this year that it had closed her 
case in June 1999 without her knowledge or ability to address any 
concerns they might have had with her case. In fact, she was never told 
there were problems with her case.
  Up until January, she had been told by the INS that she would be 
receiving her interview notice within six weeks. Unfortunately, six 
weeks became three years. Now, almost four years later, she has come to 
my office for assistance, wondering what she might have done to create 
this situation.
  The fact is, like millions of others throughout the country, she is a 
victim of an agency that is in dire need of a change in the way it does 
business.

[[Page S4192]]

  Millions of people are being prevented from participating in American 
civic life because of the inability of INS to process their 
naturalization applications in a timely fashion (e.g., they cannot 
vote, run for public office, assume certain government positions). U.S. 
citizens are unable to be reunited with their spouses and minor 
children because of the delays in INS processing.
  And thousands of American businesses, such as high tech companies 
like Sun Microsystems and others, have been prevented from getting 
qualified workers because of the INS's inability to provide access to a 
critical portion of their workforce. Lengthy delays and inconsistencies 
in INS processing have taken a toll on company projects, planning and 
goals.
  How does this legislation help Congress hold the INS accountable for 
the prompt delivery of services? If INS does not met the goals of set 
out in this legislation, it would have to explain to Congress why the 
backlogs persist and what the agency is doing to fix them. This 
legislation would also require the INS to describe the additional 
mechanisms and resources needed to meet Congress's mandate that 
backlogs be eliminated and that the processing of applications take 
place in an acceptable time frame.

  While funds devoted to enforcing our immigration laws have rightfully 
been increased in recent years, until very recently, Congress had not 
provided increases in funding to the INS specifically to deal with the 
increased missions that Congress has imposed on it. Nor has Congress 
provided adequate funding to deal with the increased number of 
naturalization and other immigration benefits applications that have 
been submitted in recent years and continue to be submitted.
  The business community, immigration community, and the Administration 
have indicated their support for mechanisms such as those included in 
my legislation. I wish to thank the following organizations whose 
valuable input and ideas helped shaped this important legislation:
  American Business for Legal Immigration; American Council on 
International Personnel; American Immigration Lawyers Association; 
Hebrew Immigration Aid Society; Mexican American Legal Defense and 
Education Fund; National Association of Latino Elected Officials; 
National Asian Pacific American Legal Consortium; National Council of 
La Raza; United Jewish Communities; and United States Catholic 
Conference.
  Mr. President, the ``Immigration Services and Infrastructure 
Improvement Act of 2000'' would provide direction and accountability on 
how the INS uses appropriated funds. Passage of this legislation would 
send a strong congressional directive to the INS that timely and 
efficient service is not merely goal, but a mandate.
  I urge the Senate to act swiftly and pass this urgently needed 
legislation.
                                 ______
                                 
      By Mr. NICKLES (for himself and Mr. Voinovich):
  S. 2587. A bill to amend the Internal Revenue Code of 1986 to 
simplify the excise tax on heavy truck tires; to the Committee on 
Finance.


           simplification of excise tax on heavy truck tires

 Mr. NICKLES. 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. 2587

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

     SECTION 1. SIMPLIFICATION OF EXCISE TAX ON HEAVY TRUCK TIRES.

       (a) Tax Based on Tire Load Capacity Not Weight.--Subsection 
     (a) of section 4071 of the Internal Revenue Code of 1986 
     (relating to imposition of tax on tires) is amended to read 
     as follows:
       ``(a) Imposition and Rate of Tax.--There is hereby imposed 
     on tires of the type used on highway vehicles, if wholly or 
     in part made of rubber, sold by the manufacturer, producer, 
     or importer a tax equal to 8 cents for each 10 pounds of the 
     tire load capacity in excess of 3500 pounds.''.
       (b) Tire Load Capacity.--Subsection (c) of section 4071 of 
     such Code is amended to read as follows:
       ``(c) Tire Load Capacity.--For purposes of this section, 
     tire load capacity is the maximum load rating labeled on the 
     tire pursuant to section 571.109 or 571.119 of title 49, Code 
     of Federal Regulations. In the case of any tire that is 
     marked for both single and dual loads, the higher of the 2 
     shall be used for purposes of this section.''.
       (c) Tires to Which Tax Applies.--Subsection (b) of section 
     4072 of such Code (defining tires of the type used on highway 
     vehicles) is amended by striking ``tires of the type'' the 
     second place it appears and all that follows and inserting 
     ``tires--
       ``(1) of the type used on--
       ``(A) motor vehicles which are highway vehicles, or
       ``(B) vehicles of the type used in connection with motor 
     vehicles which are highway vehicles, and
       ``(2) marked for highway use pursuant to section 571.109 or 
     571.119 of title 49, Code of Federal Regulations.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on January 1 of the first calendar year 
     which begins more than 30 days after the date of the 
     enactment of this Act.
                                 ______
                                 
      By Mr. BENNETT:
  S. 2588. A bill to assist the economic development of the Ute Indian 
Tribe by authorizing the transfer to the Tribe of Oil Shale Reserve 
Numbered 2, to protect the Colorado River by providing for the removal 
of the tailings from the Atlas uranium milling site near Moab, Utah, 
and for other purposes; to the Committee on Armed Services.


                     ute-moab land restoration act

 Mr. BENNETT. Mr. President, I take the floor today to 
introduce the Ute-Moab Land Restoration Act, a proposal that enjoys 
great support from the State of Utah and many of my constituents. This 
legislation contains two major components that will enable the 
restoration of Ute Indian Tribal lands and the remediation of a uranium 
mill tailings site near Moab, Utah.
  The first component is the transfer of the Naval Oil Shale Reserve 
Numbered 2 (NOSR 2) lands east of the Green River to the Ute Indian 
Tribe. The lands that contain the NOSR 2 were taken from the Ute tribe 
in 1916 by the government to provide the Navy with a source of 
petroleum for oil-burning ships. This transfer will return these 
traditional homelands to the Ute tribe. Additionally, the return of 
these lands will spur economic development on the Uintah and Ouray 
Indian Reservation, home of the Ute Tribe. The increased economic 
development will include oil and gas production. It should be noted 
that the Ute Tribe has a history of environmentally responsible 
petroleum development on one of Utah's largest oil and gas fields. The 
bill also incorporates a provision whereby a nine percent royalty will 
be returned to the Secretary of Energy for the purposes of offsetting 
the cost of removing the Atlas tailings pile as I shall describe in a 
moment. I expect the tribe will give all future petroleum developments 
the same amount of care they have demonstrated in the past.
  The economy of the Uintah Basin will not be the sole beneficiary of 
the land transfer. There are numerous conservation provisions 
incorporated into the transfer. These provisions include the 
establishment of a quarter mile corridor along 75 miles of the Green 
River to conserve its scenic qualities and protections for wild horses 
and threatened and endangered plants life.
  The second component will facilitate the removal of the tailings from 
the Atlas uranium milling site across the Colorado River from Moab, 
Utah. It should be noted that the determination to locate the Atlas 
milling facility at MOAB was driven by encouragement from the former 
Atomic Energy Commission. Further, the Department of Energy (DOE) bears 
responsibility for approximately 56 percent of the 10.5 million tons of 
mildly radioactive debris left as a residue from the Cold War and our 
nation's effort to maintain its nuclear weapons stockpile. These 
tailings, produced from 156 to 1988, are currently leaching ammonia 
into the waters of the Colorado River. Additionally, the pile is a 
significant source of airborne radon. Both of these pollutants need to 
be addressed.
  In January of this year, Secretary of Energy Bill Richardson 
announced the intention of DOE to move the Atlas tailings pile to a 
remote location where this waste could be contained in a sealed cell. 
This proposal follows work done previously by DOE on 22 former uranium 
mill tailings sites. The legislation I am introducing today amends the 
Uranium Mill Tailings Radiation Control Act (UMTRCA) by adding the 
Atlas tailings site as the 23rd site for DOE remediation.

  I note that the U.S. Nuclear Regulatory Commission conducted a 
lengthy five-year environmental impact statement on the Atlas site. Its

[[Page S4193]]

conclusion held that the site could be remediated in place by 
dewatering the pile, treating the ground water, and capping the 
tailings. Indeed, the NRC has appointed a trustee that is moving 
forward with this remediation process today. However, given the 
interests of the State of Utah and the people of Grand County, I am 
introducing this legislation so the tailings can be removed and treated 
in a more secure manner.
  I am concerned that securing the funding for this clean-up may be 
difficult. Therefore, I have a included a provision which will enable 
the NRC trustee to continue on-site remediation up to the point that 
DOE obtains the necessary appropriations to step up and take over the 
process. I believe this is the responsible approach to ensure that 
public health and the environment are protected regardless of the 
outcome of future appropriations.
  I look forward to working with my colleagues in moving this 
legislation forward and restoring these Utah lands.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2588

       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 ``Ute-Moab Land Restoration 
     Act''.

     SEC. 2. TRANSFER OF OIL SHALE RESERVE.

       Section 3405 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note; 
     Public Law 105-261) is amended to read as follows:

     ``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED 2.

       ``(a) Definitions.--In this section:
       ``(1) Map.--The term ``map'' means the map entitled 
     `Boundary Map, .............', numbered ____ and dated 
     ________, to be kept on file and available for public 
     inspection in the offices of the Department of the Interior.
       ``(2) Moab site.--The term `Moab site' means the Moab 
     uranium milling site located approximately 3 miles northwest 
     of Moab, Utah, and identified in the Final Environmental 
     Impact Statement issued by the Nuclear Regulatory Commission 
     in March 1996, in conjunction with Source Material License 
     No. SUA 917.
       ``(3) NOSR-2.--The term `NOSR-2' means Oil Shale Reserve 
     Numbered 2, as identified on a map on file in the Office of 
     the Secretary of the Interior.
       ``(4) Tribe.--The term `Tribe' means the Ute Indian Tribe 
     of the Uintah and Ouray Indian Reservation.
       ``(b) Conveyance.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     United States conveys to the Tribe, subject to valid existing 
     rights in effect on the day before the date of enactment of 
     this section, all Federal land within the exterior boundaries 
     of NOSR-2 in fee simple (including surface and mineral 
     rights).
       ``(2) Reservations.--The conveyance under paragraph (1) 
     shall not include the following reservations of the United 
     States:
       ``(A) A 9 percent royalty interest in the value of any oil, 
     gas, other hydrocarbons, and all other minerals from the 
     conveyed land that are produced, saved, and sold, the 
     payments for which shall be made by the Tribe or its designee 
     to the Secretary of Energy during the period that the oil, 
     gas, hydrocarbons, or minerals are being produced, saved, 
     sold, or extracted.
       ``(B) The portion of the bed of Green River contained 
     entirely within NOSR-2, as depicted on the map.
       ``(C) The land (including surface and mineral rights) to 
     the west of the Green River within NOSR-2, as depicted on the 
     map.
       ``(D) A \1/4\ mile scenic easement on the east side of the 
     Green River within NOSR-2.
       ``(3) Conditions.--
       ``(A) Management authority.--On completion of the 
     conveyance under paragraph (1), the United States 
     relinquishes all management authority over the conveyed land 
     (including tribal activities conducted on the land).
       ``(B) No reversion.--The land conveyed to the Tribe under 
     this subsection shall not revert to the United States for 
     management in trust status.
       ``(C) Use of easement.--The reservation of the easement 
     under paragraph (2)(D) shall not affect the right of the 
     Tribe to obtain, use, and maintain access to, the Green River 
     through the use of the road within the easement, as depicted 
     on the map.
       ``(c) Withdrawals.--All withdrawals in effect on NOSR-2 on 
     the date of enactment of this section are revoked.
       ``(d) Administration of Reserved land, Interests in land.--
       ``(1) In general.--The Secretary shall administer the land 
     and interests in land reserved from conveyance under 
     subparagraphs (B) and (C) of subsection (b)(2) in accordance 
     with the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.).
       ``(2) Management plan.--Not later than 3 years after the 
     date of enactment of this section, the Secretary shall submit 
     to Congress a land use plan for the management of the land 
     and interests in land referred to in paragraph (1).
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary such sums as 
     are necessary to carry out this subsection.
       ``(e) Royalty.--
       ``(1) Payment of royalty.--
       ``(A) In general.--The royalty interest reserved from 
     conveyance in subsection (b)(2)(A) that is required to be 
     paid by the Tribe shall not include any development, 
     production, marketing, and operating expenses.
       ``(B) Federal tax responsibility.--The United States shall 
     bear responsibility for and pay--
       ``(i) gross production taxes;
       ``(ii) pipeline taxes; and
       ``(iii) allocation taxes assessed against the gross 
     production.
       ``(2) Report.--The Tribe shall submit to the Secretary of 
     Energy and to Congress an annual report on resource 
     development and other activities of the Tribe concerning the 
     conveyance under subsection (b).
       ``(3) Financial audit.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of this section, and every 5 years thereafter, the 
     Tribe shall obtain an audit of all resource development 
     activities of the Tribe concerning the conveyance under 
     subsection (b), as provided under chapter 75 of title 31, 
     United States Code.
       ``(B) Inclusion of results.--The results of each audit 
     under this paragraph shall be included in the next annual 
     report submitted after the date of completion of the audit.
       ``(f) River Management.--
       ``(1) In general.--The Tribe shall manage, under Tribal 
     jurisdiction and in accordance with ordinances adopted by the 
     Tribe, land of the Tribe that is adjacent to, and within \1/
     4\ mile of, the Green River in a manner that--
       ``(A) maintains the protected status of the land; and
       ``(B) is consistent with the government-to-government 
     agreement and in the memorandum of understanding dated 
     February 11, 2000, as agreed to by the Tribe and the 
     Secretary.
       ``(2) No management restrictions.--An ordinance referred to 
     in paragraph (1) shall not impair, limit, or otherwise 
     restrict the management and use of any land that is not 
     owned, controlled, or subject to the jurisdiction of the 
     Tribe.
       ``(3) Repeal or amendment.--An ordinance adopted by the 
     Tribe and referenced in the government-to-government 
     agreement may not be repealed or amended without the written 
     approval of--
       ``(A) the Tribe; and
       ``(B) the Secretary.
       ``(g) Plant Species.--
       ``(1) In general.--In accordance with a government-to-
     government agreement between the Tribe and the Secretary, in 
     a manner consistent with levels of legal protection in effect 
     on the date of enactment of this section, the Tribe shall 
     protect, under ordinances adopted by the Tribe, any plant 
     species that is--
       ``(A) listed as an endangered species or threatened species 
     under section 4 of the Endangered Species Act of 1973 (16 
     U.S.C. 1533); and
       ``(B) located or found on the NOSR-2 land conveyed to the 
     Tribe.
       ``(2) Tribal jurisdiction.--The protection described in 
     paragraph (1) shall be performed solely under tribal 
     jurisdiction
       ``(h) Horses.--
       ``(1) In general.--The Tribe shall manage, protect, and 
     assert control over any horse not owned by the Tribe or 
     tribal members that is located or found on the NOSR-2 land 
     conveyed to the Tribe in a manner that is consistent with 
     Federal law governing the management, protection, and control 
     of horses in effect on the date of enactment of this section.
       ``(2) Tribal jurisdiction.--The management, control, and 
     protection of horses described in paragraph (1) shall be 
     performed solely--
       ``(A) under tribal jurisdiction; and
       ``(B) in accordance with a government-to-government 
     agreement between the Tribe and the Secretary.
       ``(i) Remedial Action at Moab Site.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary of Energy shall 
     prepare a plan for the commencement, not later than 1 year 
     after the date of completion of the plan, of remedial action 
     (including groundwater restoration) at the Moab site in 
     accordance with section 102(a) of the Uranium Mill Tailings 
     Radiation Control Act of 1978 (42 U.S.C. 7912(a)).
       ``(2) Limit on expenditures.--The Secretary shall limit the 
     amounts expended in carrying out the remedial action under 
     paragraph (1) to--
       ``(A) amounts specifically appropriated for the remedial 
     action in an Act of appropriation; and
       ``(B) other amounts made available for the remedial action 
     under this subsection.
       ``(3) Retention of royalties.--
       ``(A) In general.--The Secretary of Energy shall retain the 
     amounts received as royalties under subsection (e)(1).

[[Page S4194]]

       ``(B) Availability.--Amounts referred to in subparagraph 
     (A) shall be available, without further Act of appropriation, 
     to carry out the remedial action under paragraph (1).
       ``(C) Excess amounts.--On completion of the remedial action 
     under paragraph (1), all remaining royalty amounts shall be 
     deposited in the General Fund of the Treasury.
       ``(D) Authorization of appropriations.--
       ``(i) In general.--There are authorized to be appropriated 
     to the Secretary of Energy to carry out the remedial action 
     under paragraph (1) such sums as are necessary.
       ``(ii) Continuation of nrc trustee remediation 
     activities.--After the date of enactment of this section and 
     until such date as funds are made available under clause (i), 
     the Secretary, using funds available to the Secretary that 
     are not otherwise appropriated, shall carry out--

       ``(I) this subsection; and
       ``(II) any remediation activity being carried out at the 
     Moab site by the trustee appointed by the Nuclear Regulatory 
     Commission for the Moab site on the date of enactment of this 
     section.

       ``(4) Sale of moab site.--
       ``(A) In general.--If the Moab site is sold after the date 
     on which the Secretary of Energy completes the remedial 
     action under paragraph (1), the seller shall pay to the 
     Secretary of Energy, for deposit in the miscellaneous 
     receipts account of the Treasury, the portion of the sale 
     price that the Secretary determines resulted from the 
     enhancement of the value of the Moab site that is 
     attributable to the completion of the remedial action, as 
     determined in accordance with subparagraph (B).
       ``(B) Determination of enhanced value.--The enhanced value 
     of the Moab site referred to in subparagraph (A) shall be 
     equal to the difference between--
       ``(i) the fair market value of the Moab site on the date of 
     enactment of this section, based on information available on 
     that date; and
       ``(ii) the fair market value of the Moab site, as appraised 
     on completion of the remedial action.''.

     SEC. 3. URANIUM MILL TAILINGS.

       Section 102(a) of the Uranium Mill Tailings Radiation 
     Control Act of 1978 (42 U.S.C. 7912(a)) is amended by 
     inserting after paragraph (3) the following:
       ``(4) Designation as processing site.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Moab uranium milling site (referred to in this 
     paragraph as the `Moab Site') located approximately 3 miles 
     northwest of Moab, Utah, and identified in the Final 
     Environmental Impact Statement issued by the Nuclear 
     Regulatory Commission in March 1996, in conjunction with 
     Source Material License No. SUA 917, is designated as a 
     processing site.
       ``(B) Applicability.--This title applies to the Moab Site 
     in the same manner and to the same extent as to other 
     processing sites designated under this subsection, except 
     that--
       ``(i) sections 103, 107(a), 112(a), and 115(a) of this 
     title shall not apply;
       ``(ii) a reference in this title to the date of the 
     enactment of this Act shall be treated as a reference to the 
     date of enactment of this paragraph; and
       ``(iii) the Secretary, subject to the availability of 
     appropriations and without regard to section 104(b), shall 
     conduct remediation at the Moab site in a safe and 
     environmentally sound manner, including--

       ``(I) groundwater restoration; and
       ``(II) the removal, to at a site in the State of Utah, for 
     permanent disposition and any necessary stabilization, of 
     residual radioactive material and other contaminated material 
     from the Moab Site and the floodplain of the Colorado 
     River.''.

     SEC. 4. CONFORMING AMENDMENT.

       Section 3406 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note) 
     is amended by inserting after subsection (e) the following:
       ``(f) Oil Shale Reserve Numbered 2.--This section does not 
     apply to the transfer of Oil Shale Reserve Numbered 2 under 
     section 3405.''.
                                 ______
                                 
      By Mr. VOINOVICH:
  S. 2590. A bill to reauthoize and amend the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980; to the 
Committee on Environmental and Public Works.


                 BROWNFIELDS REVITALIZATION ACT OF 2000

 Mr. VOINOVICH. Mr. President, I rise today to introduce 
legislation that will provide incentives to clean up abandoned 
industrial sites--or brownfields--across the country and put them back 
into productive use and preserve our greenspaces.
  It is time to create more certainty in the brownfields cleanup 
process. Parties that clean up non-Superfund sites under state cleanup 
laws need certainty about the rules that apply to them, particularly 
that their actions terminate the risk of future liability under the 
federal Superfund program.
  The bill that I introduce today, the Brownfield Revitalization Act of 
2000, creates that certainty by allowing states to release parties that 
have cleaned up sites under state laws and programs from federal 
liability. This bill has strong bipartisan support from our nation's 
Governors who have written to me expressing their support for this 
legislation.
  I strongly believe that there should be no requirement that the U.S. 
Environmental Protection Agency (EPA) pre-approve state laws and 
programs. State brownfields programs address sites that are not on the 
National Priorities List (NPL) and where the federal government has 
played little or no role.
  States are leading the way in cleaning up sites more efficiently and 
cost-effectively. According to state solid waste management officials, 
states average more than 1,400 cleanups per year. And they are 
addressing approximately 4,700 sites at any given time.
  This is helping to recycle our urban wastelands, prevent urban sprawl 
and preserve our farmland and greenspaces. These programs are cleaning 
up eyesores in our inner cities, making them more desirable places to 
live. Because they are putting abandoned sites back into productive 
use, they are the key to providing economic rebirth to our urban areas, 
and good-paying jobs to local residents. This bill makes sense for our 
environment and it makes sense for our economy.
  The bill I am introducing today is similar to the brownfields 
provisions in S. 1090, the Superfund Program Completion Act of 1999, by 
Senator Bob Smith and the late-Senator John Chafee. The purpose of my 
bill is to build upon the success of state programs by providing even 
more incentives to clean up brownfield sites in order to provide better 
protection for the health and safety of our citizens and the 
environment. What we don't need are delays caused by the U.S. EPA's 
second-guessing of state decisions.
  A good example of second-guessing occurred in my own state of Ohio. 
One company, TRW completed a cleanup at its site in Minerva under 
Ohio's enforcement program in 1986. Despite these cleanup efforts, the 
U.S. EPA placed the site on the NPL in 1989. However, after listing the 
site, the U.S. EPA took no aggressive steps for additional cleanup. The 
site has been untouched for years. In fact, it is now likely that the 
site will be delisted.
  To enhance and encourage further cleanup efforts, Ohio has 
implemented a private sector-based program to clean up brownfields 
sites. When I was Governor, Ohio EPA, Republicans and Democrats in the 
Ohio Legislature and I worked hard to implement a program that we 
believe works for Ohio. Our program is already successful in improving 
Ohio's environment and economy.
  In almost 20 years under the federal Superfund program, the U.S. EPA 
has only cleaned up 18 sites in Ohio. In contrast, 103 sites have been 
cleaned up under Ohio's voluntary cleanup program in 5 years. And many 
more cleanups are underway.
  States clearly have been the innovators in developing voluntary 
cleanup programs, and Ohio's program has been very successful in 
getting cleanups done more quickly and cost effectively. For example, 
the first cleanup conducted under our program--the Kessler Products 
facility, near Canton--was estimated to cost $2 million and take 3 to 5 
years to complete if it had been cleaned under Superfund. However, 
under Ohio's voluntary program, the cost was $600,000 and took 6 months 
to complete. These cleanups are good for the environment and good for 
the economy.
  Mr. President, Ohio and other states have very successful programs 
that clean up sites more efficiently and cost effectively. This bill 
would help build on their success by providing assurances to parties 
that when they clean up a site correctly, they will not be held liable 
under Superfund down the road. The bill precludes the federal 
government from taking action at a site where cleanup is being 
conducted under a state program except under certain circumstances, 
such as when a state requests federal action, when the U.S. EPA 
determines that a state is unwilling or unable to take appropriate 
action, or when contamination has migrated across state lines. The bill 
does not take away the U.S. EPA's authority to conduct emergency 
removals or their authority to conduct tests at a site to determine if 
a site should be listed on the NPL.
  This legislation also ensures that Federal facilities are subject to 
the

[[Page S4195]]

same environmental cleanup requirements as private sites. In 1992, 
Congress enacted the Federal Facilities Compliance Act (FFCA), which 
holds Federal facilities accountable to meet State and Federal 
environmental laws regulating hazardous waste. However, subsequent 
Federal court decisions have undermined the intent of FFCA and similar 
language in other statutes. We should be reminded that contamination 
problems at Federal facilities are largely the result of years of self-
regulation by Federal agencies. It is essential that States have the 
authority to oversee cleanup and enforce their own laws and standards. 
My bill merely ensures that Federal agencies are held accountable to 
the same state and federal regulations that govern private entities.
  This bill is just plain commonsense. It provides more protection for 
the environment by providing incentives to clean up hazardous waste 
sites. It helps preserve our greenspaces. And it helps our economy by 
putting abandoned sites back into productive use, providing jobs and 
better places to live in our urban areas.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2590

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Brownfields Revitalization Act of 2000''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                  TITLE I--BROWNFIELDS REVITALIZATION

Sec. 101. Brownfields.

                   TITLE II--STATE RESPONSE PROGRAMS

Sec. 201. State response programs.
Sec. 202. State cost share.

                   TITLE III--PROPERTY CONSIDERATIONS

Sec. 301. Contiguous properties.
Sec. 302. Prospective purchasers and windfall liens.
Sec. 303. Safe harbor innocent landholders.

               TITLE IV--FEDERAL ENTITIES AND FACILITIES

Sec. 401. Applicability of law; immunity.

                  TITLE I--BROWNFIELDS REVITALIZATION

     SEC. 101. BROWNFIELDS.

       Title I of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 127. BROWNFIELDS.

       ``(a) Definitions.--In this section:
       ``(1) Brownfield facility.--
       ``(A) In general.--The term `brownfield facility' means 
     real property, the expansion or redevelopment of which is 
     complicated by the presence or potential presence of a 
     hazardous substance.
       ``(B) Exclusions.--The term `brownfield facility' does not 
     include--
       ``(i) any portion of real property that, as of the date of 
     submission of an application for assistance under this 
     section, is the subject of an ongoing removal under this 
     title;
       ``(ii) any portion of real property that has been listed on 
     the National Priorities List or is proposed for listing as of 
     the date of the submission of an application for assistance 
     under this section;
       ``(iii) any portion of real property with respect to which 
     cleanup work is proceeding in substantial compliance with the 
     requirements of an administrative order on consent, or 
     judicial consent decree that has been entered into, or a 
     permit issued by, the United States or a duly authorized 
     State under this Act, the Solid Waste Disposal Act (42 U.S.C. 
     6901 et seq.), section 311 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1321), the Toxic Substances Control 
     Act (15 U.S.C. 2601 et seq.), or the Safe Drinking Water Act 
     (42 U.S.C. 300f et seq.);
       ``(iv) a land disposal unit with respect to which--

       ``(I) a closure notification under subtitle C of the Solid 
     Waste Disposal Act (42 U.S.C. 6921 et seq.) has been 
     submitted; and
       ``(II) closure requirements have been specified in a 
     closure plan or permit; or

       ``(v) a portion of a facility, for which portion assistance 
     for response activity has been obtained under subtitle I of 
     the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from 
     the Leaking Underground Storage Tank Trust Fund established 
     under section 9508 of the Internal Revenue Code of 1986.
       ``(C) Facilities other than brownfield facilities.--That a 
     facility may not be a brownfield facility within the meaning 
     of subparagraph (A) has no effect on the eligibility of the 
     facility for assistance under any provision of Federal law 
     other than this section.
       ``(2) Eligible entity.--
       ``(A) In general.--The term `eligible entity' means--
       ``(i) a general purpose unit of local government;
       ``(ii) a land clearance authority or other quasi-
     governmental entity that operates under the supervision and 
     control of or as an agent of a general purpose unit of local 
     government;
       ``(iii) a government entity created by a State legislature;
       ``(iv) a regional council or group of general purpose units 
     of local government;
       ``(v) a redevelopment agency that is chartered or otherwise 
     sanctioned by a State;
       ``(vi) a State; and
       ``(vii) an Indian Tribe.
       ``(B) Exclusion.--The term `eligible entity' does not 
     include any entity that is not in substantial compliance with 
     the requirements of an administrative order on consent, 
     judicial consent decree that has been entered into, or a 
     permit issued by, the United States or a duly authorized 
     State under this Act, the Solid Waste Disposal Act (42 U.S.C. 
     6901 et seq.), the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.), the Toxic Substances Control Act (15 
     U.S.C. 2601 et seq.), or the Safe Drinking Water Act (42 
     U.S.C. 300f et seq.) with respect to any portion of real 
     property that is the subject of the administrative order on 
     consent, judicial consent decree, or permit.
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Housing and Urban Development.
       ``(b) Brownfield Site Characterization and Assessment Grant 
     Program.--
       ``(1) Establishment of program.--The Administrator shall 
     establish a program to provide grants for the site 
     characterization and assessment of brownfield facilities.
       ``(2) Assistance for site characterization and assessment 
     and response actions.--
       ``(A) In general.--On approval of an application made by an 
     eligible entity, the Administrator may make grants to the 
     eligible entity to be used for the site characterization and 
     assessment of 1 or more brownfield facilities.
       ``(B) Site characterization and assessment.--A site 
     characterization and assessment carried out with the use of a 
     grant under subparagraph (A)--
       ``(i) shall be performed in accordance with section 
     101(35)(B); and
       ``(ii) may include a process to identify or inventory 
     potential brownfield facilities.
       ``(c) Brownfield Remediation Grant Program.--
       ``(1) Establishment of program.--In consultation with the 
     Secretary, the Administrator shall establish a program to 
     provide grants to be used for response actions (excluding 
     site characterization and assessment) at 1 or more brownfield 
     facilities.
       ``(2) Assistance for response actions.--On approval of an 
     application made by an eligible entity, the Administrator, in 
     consultation with the Secretary, may make grants to the 
     eligible entity to be used for response actions (excluding 
     site characterization and assessment) at 1 or more brownfield 
     facilities.
       ``(d) General Provisions.--
       ``(1) Maximum grant amount.--
       ``(A) In general.--The total of all grants under 
     subsections (b) and (c) shall not exceed, with respect to any 
     individual brownfield facility covered by the grants, 
     $350,000.
       ``(B) Waiver.--The Administrator may waive the $350,000 
     limitation under subparagraph (A) based on the anticipated 
     level of contamination, size, or status of ownership of the 
     facility.
       ``(2) Prohibition.--
       ``(A) In general.--No part of a grant under this section 
     may be used for payment of penalties, fines, or 
     administrative costs.
       ``(B) Exclusions.--For the purposes of subparagraph (A), 
     the term `administrative cost' does not include the cost of--
       ``(i) investigation and identification of the extent of 
     contamination;
       ``(ii) design and performance of a response action; or
       ``(iii) monitoring of natural resources.
       ``(3) Audits.--The Inspector General of the Environmental 
     Protection Agency shall conduct such reviews or audits of 
     grants under this section as the Inspector General considers 
     necessary to carry out the objectives of this section. Audits 
     shall be conducted in accordance with the auditing procedures 
     of the General Accounting Office, including chapter 75 of 
     title 31, United States Code.
       ``(4) Leveraging.--An eligible entity that receives a grant 
     under this section may use the funds for part of a project at 
     a brownfield facility for which funding is received from 
     other sources, but the grant shall be used only for the 
     purposes described in subsection (b) or (c).
       ``(5) Agreements.--Each grant made under this section shall 
     be subject to an agreement that--
       ``(A) requires the eligible entity to comply with all 
     applicable State laws (including regulations);
       ``(B) requires that the eligible entity shall use the grant 
     exclusively for purposes specified in subsection (b) or (c);
       ``(C) in the case of an application by an eligible entity 
     under subsection (c), requires payment by the eligible entity 
     of a matching share (which may be in the form of a 
     contribution of labor, material, or services) of at least 20 
     percent of the costs of the response action for which the 
     grant is made, is from non-Federal sources of funding.
       ``(D) contains such other terms and conditions as the 
     Administrator determines to be necessary to carry out this 
     section.
       ``(e) Grant Applications.--
       ``(1) Submission.--

[[Page S4196]]

       ``(A) In general.--Any eligible entity may submit an 
     application to the Administrator, through a regional office 
     of the Environmental Protection Agency and in such form as 
     the Administrator may require, for a grant under this section 
     for 1 or more brownfield facilities.
       ``(B) Coordination.--In developing application 
     requirements, the Administrator shall coordinate with the 
     Secretary and other Federal agencies and departments, such 
     that eligible entities under this section are made aware of 
     other available Federal resources.
       ``(C) Guidance.--The Administrator shall publish guidance 
     to assist eligible entities in obtaining grants under this 
     section.
       ``(2) Approval.--The Administrator, in consultation with 
     the Secretary, shall make an annual evaluation of each 
     application received during the prior fiscal year and make 
     grants under this section to eligible entities that submit 
     applications during the prior year and that the 
     Administrator, in consultation with the Secretary, determines 
     have the highest rankings under the ranking criteria 
     established under paragraph (3).
       ``(3) Ranking criteria.--The Administrator, in consultation 
     with the Secretary, shall establish a system for ranking 
     grant applications that includes the following criteria:
       ``(A) The extent to which a grant will stimulate the 
     availability of other funds for environmental remediation and 
     subsequent redevelopment of the area in which the brownfield 
     facilities are located.
       ``(B) The potential of the development plan for the area in 
     which the brownfield facilities are located to stimulate 
     economic development of the area on completion of the 
     cleanup, such as the following:
       ``(i) The relative increase in the estimated fair market 
     value of the area as a result of any necessary response 
     action.
       ``(ii) The demonstration by applicants of the intent and 
     ability to create new or expand existing business, 
     employment, recreation, or conservation opportunities on 
     completion of any necessary response action.
       ``(iii) If commercial redevelopment is planned, the 
     estimated additional full-time employment opportunities and 
     tax revenues expected to be generated by economic 
     redevelopment in the area in which a brownfield facility is 
     located.
       ``(iv) The estimated extent to which a grant would 
     facilitate the identification of or facilitate a reduction of 
     health and environmental risks.
       ``(v) The financial involvement of the State and local 
     government in any response action planned for a brownfield 
     facility and the extent to which the response action and the 
     proposed redevelopment is consistent with any applicable 
     State or local community economic development plan.
       ``(vi) The extent to which the site characterization and 
     assessment or response action and subsequent development of a 
     brownfield facility involves the active participation and 
     support of the local community.
       ``(vii) The extent to which the applicant coordinated with 
     the State agency.
       ``(viii) Such other factors as the Administrator considers 
     appropriate to carry out the purposes of this section.
       ``(C) The extent to which a grant will enable the creation 
     of or addition to parks, greenways, or other recreational 
     property.
       ``(D) The extent to which a grant will meet the needs of a 
     community that has an inability to draw on other sources of 
     funding for environmental remediation and subsequent 
     redevelopment of the area in which a brownfield facility is 
     located because of the small population or low income of the 
     community.''.

                   TITLE II--STATE RESPONSE PROGRAMS

     SEC. 201. STATE RESPONSE PROGRAMS.

       (a) Definitions.--Section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601) is amended by adding at the end the 
     following:
       ``(39) Bona fide prospective purchaser.--The term `bona 
     fide prospective purchaser' means a person that acquires 
     ownership of a facility after the date of enactment of this 
     paragraph, or a tenant of such a person, that establishes 
     each of the following by a preponderance of the evidence:
       ``(A) Disposal prior to acquisition.--All deposition of 
     hazardous substances at the facility occurred before the 
     person acquired the facility.
       ``(B) Inquiries.--
       ``(i) In general.--The person made all appropriate 
     inquiries into the previous ownership and uses of the 
     facility and the facility's real property in accordance with 
     generally accepted good commercial and customary standards 
     and practices.
       ``(ii) Standards and practices.--The standards and 
     practices referred to in paragraph (35)(B)(ii) or those 
     issued or adopted by the Administrator under that paragraph 
     shall be considered to satisfy the requirements of this 
     subparagraph.
       ``(iii) Residential use.--In the case of property for 
     residential or other similar use purchased by a 
     nongovernmental or noncommercial entity, a facility 
     inspection and title search that reveal no basis for further 
     investigation shall be considered to satisfy the requirements 
     of this subparagraph.
       ``(C) Notices.--The person provided all legally required 
     notices with respect to the discovery or release of any 
     hazardous substances at the facility.
       ``(D) Care.--The person exercised appropriate care with 
     respect to each hazardous substance found at the facility by 
     taking reasonable steps to stop any continuing release, 
     prevent any threatened future release and prevent or limit 
     human or natural resource exposure to any previously released 
     hazardous substance.
       ``(E) Cooperation, assistance, and access.--The person has 
     not failed to substantially comply with the requirement 
     stated in section 122(p)(2)(H) with respect to the facility.
       ``(F) No affiliation.--The person is not affiliated through 
     any familial or corporate relationship with any person that 
     is or was a party potentially responsible for response costs 
     at the facility.
       ``(40) Facility subject to state cleanup.--The term 
     `facility subject to State cleanup' means a facility other 
     than a facility--
       ``(A) that is listed on the National Priorities List;
       ``(B) that is proposed for listing on the National 
     Priorities List, based on a determination by the 
     Administrator published in the Federal Register that the 
     facility qualifies for listing under section 105; or
       ``(C) for which an administrative order on consent or 
     judicial consent decree requiring response action has been 
     entered into by the United States with respect to the 
     facility under--
       ``(i) this Act;
       ``(ii) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.);
       ``(iii) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.);
       ``(iv) the Toxic Substances Control Act (15 U.S.C. 2601 et 
     seq.); or
       ``(v) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).
       ``(41) Qualifying state response program.--The term 
     `qualifying State response program' means a State program 
     that includes the elements described in section 128(b).''.
       (b) Qualifying State Response Programs.--Title I of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) (as amended by 
     section 101(a)) is amended by adding at the end the 
     following:

     ``SEC. 128. QUALIFYING STATE RESPONSE PROGRAMS.

       ``(a) Assistance to States.--The Administrator shall 
     provide grants to States to establish and expand qualifying 
     State response programs that include the elements listed in 
     subsection (b).
       ``(b) Elements.--The elements of a qualifying State 
     response program are the following:
       ``(1) Oversight and enforcement authorities or other 
     mechanisms that are adequate to ensure that--
       ``(A) response actions will protect human health and the 
     environment and be conducted in accordance with applicable 
     Federal and State law; and
       ``(B) in the case of a voluntary response action, if the 
     person conducting the voluntary response action fails to 
     complete the necessary response activities, including 
     operation and maintenance or long-term monitoring activities, 
     the response activities will be completed as necessary to 
     protect human health and the environment.
       ``(2) Adequate opportunities for public participation, 
     including prior notice and opportunity for comment in 
     appropriate circumstances, in selecting response actions.
       ``(3) Mechanisms for approval of a response action plan, or 
     a requirement for certification or similar documentation from 
     the State to the person conducting a response action 
     indicating that the response is complete.
       ``(c) Enforcement in Cases of a Release Subject to a State 
     Plan.--
       ``(1) Enforcement.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     in the case of a release or threatened release of a hazardous 
     substance at a facility subject to State cleanup, neither the 
     President nor any other person, except the State, may use any 
     authority under this Act to take an administrative or 
     enforcement action against any person regarding any matter 
     that is within the scope of a response action--
       ``(i) that is being conducted or has been completed under 
     State law; or
       ``(ii) at a site, the cleanup of which shall be subject to 
     State oversight.
       ``(B) Exceptions.--The President may bring an enforcement 
     action under this Act with respect to a facility described in 
     subparagraph (A) if--
       ``(i) the enforcement action is authorized under section 
     104;
       ``(ii) the State requests that the President provide 
     assistance in the performance of a response action and that 
     the enforcement bar in subparagraph (A) be lifted;
       ``(iii) at a facility at which response activities are 
     ongoing the Administrator--

       ``(I) makes a written determination that the State is 
     unwilling or unable to take appropriate action, after the 
     Administrator has provided the Governor notice and an 
     opportunity to cure; and
       ``(II) the Administrator determines that the release or 
     threat of release constitutes a public health or 
     environmental emergency under section 104(a)(4);

       ``(iv) the Administrator determines that contamination has 
     migrated across a State line, resulting in the need for 
     further response action to protect human health or the 
     environment; or

[[Page S4197]]

       ``(v) in the case of a facility at which all response 
     actions have been completed, the Administrator--

       ``(I) makes a written determination that the State is 
     unwilling or unable to take appropriate action, after the 
     Administrator has provided the Governor notice and an 
     opportunity to cure; and
       ``(II) makes a written determination that the facility 
     presents a substantial risk that requires further remediation 
     to protect human health or the environment, as evidenced by--

       ``(aa) newly discovered information regarding contamination 
     at the facility;
       ``(bb) the discovery that fraud was committed in 
     demonstrating attainment of standards at the facility;
       ``(cc) the failure of the remedy to prepare a site for the 
     intended use of the site;
       ``(dd) a structural failure of the remedy; or
       ``(ee) a change in land use giving rise to a clear threat 
     of exposure to which a State is unwilling to respond.
       ``(C) EPA notification.--
       ``(i) In general.--In the case of a facility at which there 
     is a release or threatened release of a hazardous substance, 
     pollutant, or contaminant and for which the Administrator 
     intends to undertake an administrative or enforcement action, 
     the Administrator, prior to taking the administrative or 
     enforcement action, shall notify the State of the action the 
     Administrator intends to take and wait a for a period of 30 
     days for an acknowledgment from the State under clause (ii).
       ``(ii) State response.--Not later than 30 days after 
     receiving a notice from the Administrator under clause (i), 
     the State shall notify the Administrator if the facility 
     contains a site, the cleanup of which--

       ``(I) is being conducted or has been completed under State 
     law; or
       ``(II) shall be subject to State oversight.

       ``(iii) Public health or environmental emergency.--If the 
     Administrator finds that a release or threatened release 
     constitutes a public health or environmental emergency under 
     section 104(a)(4), the Administrator may take appropriate 
     action immediately after giving notification under clause (i) 
     without waiting for State acknowledgment.
       ``(2) Cost or damage recovery actions.--Paragraph (1) shall 
     not apply to an action brought by a State, Indian Tribe, or 
     general purpose unit of local government for the recovery of 
     costs or damages under this Act.
       ``(3) Savings provision.--
       ``(A) Existing agreements.--A memorandum of agreement, 
     memorandum of understanding, or similar agreement between the 
     President and a State or Indian tribe defining Federal and 
     State or tribal response action responsibilities that was in 
     effect as of the date of enactment of this section with 
     respect to a facility to which paragraph (1)(C) does not 
     apply shall remain effective until the agreement expires in 
     accordance with the terms of the agreement.
       ``(B) New agreements.--Nothing in this subsection precludes 
     the President from entering into an agreement with a State or 
     Indian tribe regarding responsibility at a facility to which 
     paragraph (1)(C) does not apply.''.

     SEC. 202. STATE COST SHARE.

       Section 104(c) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)) 
     is amended--
       (1) by striking ``(c)(1) Unless'' and inserting the 
     following:
       ``(c) Miscellaneous Limitations and Requirements.--
       ``(1) Continuance of obligations from fund.--Unless'';
       (2) in paragraph (1), by striking ``taken obligations'' and 
     inserting ``taken, obligations'';
       (3) by striking ``(2) The President'' and inserting the 
     following:
       ``(2) Consultation.--The President''; and
       (4) by striking paragraph (3) and inserting the following:
       ``(3) State cost share.--
       ``(A) In general.--The Administrator shall not provide any 
     funding for remedial action under this section unless the 
     State in which the release occurs first enters into a 
     contract or cooperative agreement with the Administrator that 
     provides assurances that the State will pay, in cash or 
     through in-kind contributions, 10 percent of--
       ``(i) the remedial action costs; and
       ``(ii) operation and maintenance costs.
       ``(B) Activities with respect to which state cost share is 
     required.--No State cost share shall be required except for 
     remedial actions under this section.
       ``(C) Indian tribes.--The requirements of this paragraph 
     shall not apply in the case of remedial action to be taken on 
     land or water--
       ``(i) held by an Indian Tribe;
       ``(ii) held by the United States in trust for an Indian 
     Tribe;
       ``(iii) held by a member of an Indian Tribe (if the land or 
     water is subject to a trust restriction on alienation); or
       ``(iv) within the borders of an Indian reservation.

                   TITLE III--PROPERTY CONSIDERATIONS

     SEC. 301. CONTIGUOUS PROPERTIES.

       (a) In General.--Section 107 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9607) is amended by adding at the end the 
     following:
       ``(o) Contiguous Properties.--
       ``(1) Not considered to be an owner or operator.--
       ``(A) In general.--A person that owns or operates real 
     property that is contiguous to or otherwise similarly 
     situated with respect to real property on which there has 
     been a release or threatened release of a hazardous substance 
     and that is or may be contaminated by the release shall not 
     be considered to be an owner or operator of a vessel or 
     facility under paragraph (1) or (2) of subsection (a) solely 
     by reason of the contamination if--
       ``(i) the person did not cause, contribute, or consent to 
     the release or threatened release;
       ``(ii) the person is not affiliated through any familial or 
     corporate relationship with any person that is or was a party 
     potentially responsible for response costs at the facility; 
     and
       ``(iii) the person exercised appropriate care with respect 
     to each hazardous substance found at the facility by taking 
     reasonable steps to stop any continuing release, prevent any 
     threatened future release and prevent or limit human or 
     natural resource exposure to any previously released 
     hazardous substance.
       ``(B) Ground water.--With respect to hazardous substances 
     in ground water beneath a person's property solely as a 
     result of subsurface migration in an aquifer from a source or 
     sources outside the property, appropriate care shall not 
     require the person to conduct ground water investigations or 
     to install ground water remediation systems.
       ``(2) Cooperation, assistance, and access.--A party 
     described in paragraph (1) may be considered an owner or 
     operator of a vessel or facility under paragraph (1) or (2) 
     of subsection (a) if the party has failed to substantially 
     comply with the requirement stated in section 122(p)(2)(H) 
     with respect to the facility.
       ``(3) Assurances.--The Administrator may--
       ``(A) issue an assurance that no enforcement action under 
     this Act will be initiated against a person described in 
     paragraph (1); and
       ``(B) grant a person described in paragraph (1) protection 
     against a cost recovery or contribution action under section 
     113(f).''.
       (b) National Priorities List.--
       (1) In general.--Section 105 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9605) is amended--
       (A) in subsection (a)(8)--
       (i) in subparagraph (B), by inserting ``and'' after the 
     semicolon at the end; and
       (ii) by adding at the end the following:
       ``(C) provision that in listing a facility on the National 
     Priorities List, the Administrator shall not--
       ``(i) list the facility unless the Administrator first 
     obtains concurrence for the listing from the Governor of the 
     State in which the facility is located; and
       ``(ii) include in a listing any parcel of real property at 
     which no release has actually occurred, but to which a 
     released hazardous substance, pollutant, or contaminant has 
     migrated in ground water that has moved through subsurface 
     strata from another parcel of real estate at which the 
     release actually occurred, unless--
       ``(I) the ground water is in use as a public drinking water 
     supply or was in such use at the time of the release; and
       ``(II) the owner or operator of the facility is liable, or 
     is affiliated with any other person that is liable, for any 
     response costs at the facility, through any direct or 
     indirect familial relationship, or any contractual, 
     corporate, or financial relationship other than that created 
     by the instruments by which title to the facility is conveyed 
     or financed.''; and
       (B) by adding at the end the following:
       ``(h) Listing of Particular Parcels.--
       ``(1) Definition.--In subsection (a)(8)(C) and paragraph 
     (2) of this subsection, the term `parcel of real property' 
     means a parcel, lot, or tract of land that has a separate 
     legal description from that of any other parcel, lot, or 
     tract of land the legal description and ownership of which 
     has been recorded in accordance with the law of the State in 
     which it is located.
       ``(2) Statutory construction.--Nothing in subsection 
     (a)(8)(C) limits the Administrator's authority under section 
     104 to obtain access to and undertake response actions at any 
     parcel of real property to which a released hazardous 
     substance, pollutant, or contaminant has migrated in the 
     ground water.''.
       (2) Revision of National Priorities List.--Not later than 
     180 days after the date of enactment of this Act, the 
     President shall revise the National Priorities List to 
     conform with the amendments made by paragraph (1).
       (c) Conforming Amendment.--Section 107(a) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9607) is amended by striking 
     ``of this section'' and inserting ``and the exemptions and 
     limitations stated in this section''.

     SEC. 302. PROSPECTIVE PURCHASERS AND WINDFALL LIENS.

       Section 107 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9607) (as 
     amended by section 301(a)) is amended by adding at the end 
     the following:
       ``(p) Prospective Purchaser and Windfall Lien.--
       ``(1) Limitation on liability.--Notwithstanding subsection 
     (a), a bona fide prospective purchaser whose potential 
     liability for a release or threatened release is based solely

[[Page S4198]]

     on the purchaser's being considered to be an owner or 
     operator of a facility shall not be liable as long as the 
     bona fide prospective purchaser does not impede the 
     performance of a response action or natural resource 
     restoration.
       ``(2) Lien.--If there are unrecovered response costs at a 
     facility for which an owner of the facility is not liable by 
     reason of subsection (n)(1) and each of the conditions 
     described in paragraph (3) is met, the United States shall 
     have a lien on the facility, or may obtain from appropriate 
     responsible party a lien on any other property or other 
     assurances of payment satisfactory to the Administrator, for 
     such unrecovered costs.
       ``(3) Conditions.--The conditions referred to in paragraph 
     (1) are the following:
       ``(A) Response action.--A response action for which there 
     are unrecovered costs is carried out at the facility.
       ``(B) Fair market value.--The response action increases the 
     fair market value of the facility above the fair market value 
     of the facility that existed 180 days before the response 
     action was initiated.
       ``(C) Sale.--A sale or other disposition of all or a 
     portion of the facility has occurred.
       ``(4) Amount.--A lien under paragraph (2)--
       ``(A) shall not exceed the increase in fair market value of 
     the property attributable to the response action at the time 
     of a subsequent sale or other disposition of the property;
       ``(B) shall arise at the time at which costs are first 
     incurred by the United States with respect to a response 
     action at the facility;
       ``(C) shall be subject to the requirements of subsection 
     (l)(3); and
       ``(D) shall continue until the earlier of satisfaction of 
     the lien or recovery of all response costs incurred at the 
     facility.''.

     SEC. 303. SAFE HARBOR INNOCENT LANDHOLDERS.

       (a) Amendment.--Section 101(35) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601(35)) is amended--
       (1) in subparagraph (A)--
       (A) in the matter that precedes clause (i), by striking 
     ``deeds or'' and inserting ``deeds, easements, leases, or''; 
     and
       (B) in the matter that follows clause (iii)--
       (i) by striking ``he'' and inserting ``the defendant''; and
       (ii) by striking the period at the end and inserting ``, 
     has provided full cooperation, assistance, and facility 
     access to the persons that are responsible for response 
     actions at the facility, including the cooperation and access 
     necessary for the installation, integrity, operation, and 
     maintenance of any complete or partial response action at the 
     facility, and has taken no action that impeded the 
     effectiveness or integrity of any institutional control 
     employed under section 121 at the facility.''; and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Reason to know.--
       ``(i) All appropriate inquiries.--To establish that the 
     defendant had no reason to know of the matter described in 
     subparagraph (A)(i), the defendant must show that--

       ``(I) at or prior to the date on which the defendant 
     acquired the facility, the defendant undertook all 
     appropriate inquiries into the previous ownership and uses of 
     the facility in accordance with generally accepted good 
     commercial and customary standards and practices; and
       ``(II) the defendant exercised appropriate care with 
     respect to each hazardous substance found at the facility by 
     taking reasonable steps to stop any continuing release, 
     prevent any threatened future release and prevent or limit 
     human or natural resource exposure to any previously released 
     hazardous substance.

       ``(ii) Standards and practices.--The Administrator shall by 
     regulation establish as standards and practices for the 
     purpose of clause (i)--

       ``(I) the American Society for Testing and Materials (ASTM) 
     Standard E1527-94, entitled `Standard Practice for 
     Environmental Site Assessments: Phase I Environmental Site 
     Assessment Process'; or
       ``(II) alternative standards and practices under clause 
     (iii).

       ``(iii) Alternative standards and practices.--

       ``(I) In general.--The Administrator may by regulation 
     issue alternative standards and practices or designate 
     standards developed by other organizations than the American 
     Society for Testing and Materials after conducting a study of 
     commercial and industrial practices concerning the transfer 
     of real property in the United States.
       ``(II) Considerations.--In issuing or designating 
     alternative standards and practices under subclause (I), the 
     Administrator shall consider including each of the following:

       ``(aa) The results of an inquiry by an environmental 
     professional.
       ``(bb) Interviews with past and present owners, operators, 
     and occupants of the facility and the facility's real 
     property for the purpose of gathering information regarding 
     the potential for contamination at the facility and the 
     facility's real property.
       ``(cc) Reviews of historical sources, such as chain of 
     title documents, aerial photographs, building department 
     records, and land use records to determine previous uses and 
     occupancies of the real property since the property was first 
     developed.
       ``(dd) Searches for recorded environmental cleanup liens, 
     filed under Federal, State, or local law, against the 
     facility or the facility's real property.
       ``(ee) Reviews of Federal, State, and local government 
     records (such as waste disposal records), underground storage 
     tank records, and hazardous waste handling, generation, 
     treatment, disposal, and spill records, concerning 
     contamination at or near the facility or the facility's real 
     property.
       ``(ff) Visual inspections of the facility and facility's 
     real property and of adjoining properties.
       ``(gg) Specialized knowledge or experience on the part of 
     the defendant.
       ``(hh) The relationship of the purchase price to the value 
     of the property if the property was uncontaminated.
       ``(ii) Commonly known or reasonably ascertainable 
     information about the property.
       ``(jj) The degree of obviousness of the presence or likely 
     presence of contamination at the property, and the ability to 
     detect such contamination by appropriate investigation.
       ``(iv) Site inspection and title search.--In the case of 
     property for residential use or other similar use purchased 
     by a nongovernmental or noncommercial entity, a facility 
     inspection and title search that reveal no basis for further 
     investigation shall be considered to satisfy the requirements 
     of this subparagraph.''.
       (b) Standards and Practices.--
       (1) Establishment by regulation.--The Administrator of the 
     Environmental Protection Agency shall issue the regulation 
     required by section 101(35)(B)(ii) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (as added by subsection (a)) not later than 1 year after 
     the date of enactment of this Act.
       (2) Interim standards and practices.--Until the 
     Administrator issues the regulation described in paragraph 
     (1), in making a determination under section 101(35)(B)(i) of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (as added by subsection (a)), there 
     shall be taken into account--
       (A) any specialized knowledge or experience on the part of 
     the defendant;
       (B) the relationship of the purchase price to the value of 
     the property if the property was uncontaminated;
       (C) commonly known or reasonably ascertainable information 
     about the property;
       (D) the degree of obviousness of the presence or likely 
     presence of contamination at the property; and
       (E) the ability to detect the contamination by appropriate 
     investigation.

               TITLE IV--FEDERAL ENTITIES AND FACILITIES

     SEC. 401. APPLICABILITY OF LAW; IMMUNITY.

       Section 120 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is 
     amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 120. FEDERAL ENTITIES AND FACILITIES.'';

       (2) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--
       ``(A) Definition of service charges.--In this paragraph, 
     the term `service charge' includes--
       ``(i) a fee or charge assessed in connection with--

       ``(I) the processing or issuance of a permit, renewal of a 
     permit, or amendment of a permit;
       ``(II) review of a plan, study, or other document; or
       ``(III) inspection or monitoring of a facility; and

       ``(ii) any other charge that is assessed in connection with 
     a State, interstate, or local response program.
       ``(B) Application of federal, state, interstate, and local 
     law.--
       ``(i) In general.--Each department, agency, and 
     instrumentality of the executive, legislative, or judicial 
     branch of the United States shall be subject to and shall 
     comply with this Act and all other Federal, State, 
     interstate, and local substantive and procedural requirements 
     and other provisions of law relating to a response action or 
     restoration action or the management of a hazardous waste, 
     pollutant, or contaminant in the same manner, and to the same 
     extent, as any nongovernmental entity is subject to those 
     provisions of law.
       ``(ii) Provisions included.--The provisions of law referred 
     to in clause (i) include--

       ``(I) a permit requirement;
       ``(II) a reporting requirement;
       ``(III) a provision authorizing injunctive relief 
     (including such sanctions as a court may impose to enforce 
     injunctive relief);
       ``(IV) sections 106 and 107 and similar provisions of 
     Federal, State, or local law relating to enforcement and 
     liability for cleanup, reimbursement of response costs, 
     contribution, and payment of damages;
       ``(V) a requirement to pay reasonable service charges; and
       ``(VI) all administrative orders and all civil and 
     administrative penalties and fines, regardless of whether the 
     penalties or fines are punitive or coercive in nature or are 
     imposed for an isolated, intermittent, or continuing 
     violation.

       ``(C) Waiver of immunity.--
       ``(i) In general.--The United States waives any immunity 
     applicable to the United States with respect to any provision 
     of law described in subparagraph (B).
       ``(ii) Limitation.--The waiver of sovereign immunity under 
     clause (i) does not apply to the extent that a State law 
     would apply any

[[Page S4199]]

     standard or requirement to the Federal department, agency, or 
     instrumentality in a manner that is more stringent than the 
     manner in which the standard or requirement would apply to 
     any other person.
       ``(D) Civil and criminal liability.--
       ``(i) Injunctive relief.--Neither the United States nor any 
     agent, employee, or officer of the United States shall be 
     immune or exempt from any process or sanction of any Federal 
     or State court with respect to the enforcement of injunctive 
     relief referred to in subparagraph (B)(ii)(III).
       ``(ii) No personal liability for civil penalty.--No agent, 
     employee, or officer of the United States shall be personally 
     liable for any civil penalty under any Federal or State law 
     relating to a response action or to management of a hazardous 
     substance, pollutant, or contaminant with respect to any act 
     or omission within the scope of the official duties of the 
     agent, employee, or officer.
       ``(iii) Criminal liability.--An agent, employee, or officer 
     of the United States shall be subject to any criminal 
     sanction (including a fine or imprisonment) under any Federal 
     or State law relating to a response action or to management 
     of a hazardous substance, pollutant, or contaminant, but no 
     department, agency, or instrumentality of the executive, 
     legislative, or judicial branch of the United States shall be 
     subject to any such sanction.
       ``(E) Enforcement.--
       ``(i) Abatement actions.--The Administrator may issue an 
     order under section 106 to any department, agency, or 
     instrumentality of the executive, legislative, or judicial 
     branch of the United States. The Administrator shall initiate 
     an administrative enforcement action against such a 
     department, agency, or instrumentality in the same manner and 
     under the same circumstances as an action would be initiated 
     against any other person.
       ``(ii) Consultation.--No administrative order issued to a 
     department, agency, or instrumentality of the United States 
     shall become final until the department, agency, or 
     instrumentality has had the opportunity to confer with the 
     Administrator.
       ``(iii) Use of penalties and fines.--Unless a State law in 
     effect on the date of enactment of this clause requires the 
     funds to be used in a different manner, all funds collected 
     by a State from the Federal Government as penalties or fines 
     imposed for violation of a provision of law referred to in 
     subparagraph (B) shall be used by the State only for projects 
     designed to improve or protect the environment or to defray 
     the costs of environmental protection or enforcement.
       ``(F) Contribution.--A department, agency, or 
     instrumentality of the United States shall have the right to 
     contribution under section 113 if the department, agency, or 
     instrumentality resolves its liability under this Act.'';
       (B) in the second sentence of paragraph (3), by inserting 
     ``(other than the indemnification requirements of section 
     119)'' after ``responsibility''; and
       (C) by striking paragraph (4); and
       (2) in subsection (e), by adding at the end the following:
       ``(7) State requirements.--Notwithstanding any other 
     provision of this Act, an interagency agreement under this 
     section shall not impair or diminish the authority of a 
     State, political subdivision of a State, or any other person 
     or the jurisdiction of any court to enforce compliance with 
     requirements of State or Federal law, unless those 
     requirements have been specifically addressed in the 
     agreement or waived without objection after notice to the 
     State before or on the date on which the response action is 
     selected.''.
                                  ____



                               National Governors Association,

                                     Washington, DC, May 16, 2000.
     Hon. George V. Voinovich,
     U.S. Senate, Washington, DC.
       Dear Senator Voinovich: On behalf of the National 
     Governors' Association (NGA), we are pleased with the 
     introduction of the Brownfields Revitalization Act of 2000. 
     NGA has reviewed the bill and believe that it addresses key 
     issues raised by the nation's Governors to facilitate the 
     speedy cleanup of brownfields sites and make some important 
     corrections to the Superfund statute. We hope that all 
     Senators will work with you to ensure passage of legislation 
     that the President can sign this year.
       We would like to briefly comment on four provisions in the 
     bill. We applaud the inclusion of a provision dealing with 
     certainty at state brownfields sites. The bill's finality 
     provision would improve the effectiveness and pace of 
     hazardous waste cleanups by allowing state voluntary cleanup 
     programs to provide assurance to landowners who wish to 
     develop their property without fear of being engulfed in the 
     federal liability scheme. There is no question that voluntary 
     cleanup programs and brownfields redevelopment are currently 
     hindered by the pervasive fear of federal liability under the 
     Superfund law. Your bill addresses this problem by precluding 
     enforcement by the federal government at sites where cleanup 
     has occurred or is being conducted under a state program. In 
     instances when a state is unwilling or unable to take 
     appropriate action, or if contamination has migrated across 
     state lines, your bill contains reasonable exceptions to this 
     preclusion of enforcement.
       In addition, the Governors greatly appreciate the inclusion 
     of a provision requiring gubernatorial concurrence before a 
     site is listed on the National Priorities List. Such a 
     requirement will help avoid duplication of effort when a 
     state can take the lead in restoring a site to productive 
     use. As you know, states are currently overseeing most 
     cleanups; listing a site on the NPL when a state is prepared 
     to apply its own authority is not only wasteful of federal 
     resources, it is often counterproductive, resulting in 
     increased delays and greater costs.
       We also support the provision in the bill that clarifies 
     that the state cost-share at Superfund sites is limited to 
     ten percent for both remedial activities and operations and 
     maintenance (O & M). This provision has been interpreted to 
     require states to be responsible for 100 percent of the O & M 
     expenses at a site. Your provision will correct this 
     inequitable situation, and at the same time, help ensure that 
     there is no financial bias toward remedies that involve more 
     intensive O & M than necessary.
       The funding provisions in the bill that provide grants to 
     states and local governments for both response actions as 
     well as site assessments are very positive steps in assuring 
     that financial assistance is available so that sites can 
     actually move toward final cleanups.
       Lastly, we applaud you for adding a provision that makes 
     all federal facilities subject to CERCLA and state hazardous 
     waste laws to the same extent as other nongovernmental 
     entities. There is no legitimate rationale for exempting the 
     federal government from the same environmental protection 
     laws that apply to businesses, individuals and state and 
     local government.
       We look forward to continuing our strong working 
     relationship with you on these issues. The nation's Governors 
     believe that brownfields revitalization and some reasonable 
     Superfund ``fixes'' can be accomplished if done in a 
     bipartisan manner and we believe that your bill will go a 
     long way toward accomplishing that goal. We will work with 
     you to ensure that this bill has bipartisan support as it 
     begins to move. If we can be of any assistance, please 
     contact us directly or have your staff contact Diane S. Shea 
     at 202/624-5389.
           Sincerely,
     Governor Kenny C. Guinn,
                                                            Chair,
                                   Committee on Natural Resources.
     Gov. Thomas J. Vilsack,
                                                       Vice Chair,

                           Committee on Natural Resources.

                                 ______
                                 
      By Mr. JEFFORDS (for himself, Mr. Hatch, Mr. Rockefeller, Mr. 
        Robb, Mr. L. Chafee, Mr. Bryan, and Mr. Kerry):
  S. 2591. A bill to amend the Internal Revenue Code of 1986 to allow 
tax credits for alternative fuel vehicles and retail sale of 
alternative fuels, and for other purposes; to the Committee on Finance.


                  alternative fuels tax incentives act

 Mr. JEFFORDS. Mr. President, today, Senator Hatch and I, 
together with Senators Rockefeller, Chafee, Bryan, and Kerry are 
introducing a bill which we believe will serve two important national 
interests: air quality and energy security. We call it the 
``Alternative Fuels Tax Incentives Act,'' and it consists of a series 
of temporary tax provisions to encourage purchases of cars and trucks 
operating on alternative fuels, and to promote the retail sale of these 
fuels.
  The sharp gasoline price spikes earlier this year were a reminder of 
what can happen when the United States is not in control of the source 
of the energy it consumes. Some of us remember the long lines in the 
mid-1970s, when the Middle East pipeline was shut down, when service 
stations rationed the amount of gas you could buy, and when fistfights 
broke out over gasoline purchases. Science is now taking us to a point 
where we can develop other sources of energy and free ourselves from 
this over-reliance on foreign oil.
  Imports of foreign oil now exceed 50 percent of our oil consumption. 
Most of the oil that we use--more than two-thirds--is used for 
transportation. But there's some good news: cars and trucks that 
operate with alternative fuels are rapidly becoming a fact of life. 
Each of the major automobile manufacturers offers alternative fuel 
vehicles, but low production volume and high initial costs have impeded 
their widespread use and adoption. Consumers and businesses are 
receptive to alternative fuel vehicles and electric vehicles, but are 
often reluctant to pay the additional costs manufacturers charge for 
them.
  This bill's tax incentives will make those vehicles more cost 
competitive. With their environmentally-friendly fuels, these vehicles 
will mean significant benefits to the air we breathe. The levels of 
pollutants emitted by these alternative fuels vehicles are a tiny 
fraction of those released from a conventional gasoline or diesel 
engine. Some of these cars don't even have tail-pipes. To assure that 
owners of alternative fuel vehicles can find fuels

[[Page S4200]]

for their cars, the bill also provides for two incentives to encourage 
the retail sales of alternative fuels: a tax credit for retailers for 
each gasoline gallon-equivalent of alternative fuel sold, and a 
provision allowing retailers to immediately expense up to $100,000 of 
the costs of alternative fuel refueling infrastructure.
  Passing this bill would mean cleaner air, energy independence, and 
more jobs in a developing sector of the auto industry. We have the 
technology and the resources to accomplish these goals. And we have 
manufacturers ready to deliver. It shouldn't take another oil crisis 
for us to get moving on this.
  Mr. HATCH. Mr. President, I rise today with my friend and colleague, 
Senator Jeffords, to introduce the Alternative Fuels Tax Incentives 
Act. I am pleased that we are being joined by Senators Rockefeller, 
Robb, Chafee, and Bryan as original cosponsors.
  This bill is an outgrowth of S. 1003, the Alternative Fuels Promotion 
Act of 1999, which was sponsored by many of the same sponsors of this 
year's bill. And, like S. 1003, the bill we are introducing today is 
designed to achieve two vital goals--reduce our dependency on foreign 
oil and reduce air pollution from motor vehicles.
  While the goals of both of these bills are the same, Mr. President, 
the Alternative Fuels Incentive Act takes a similar, but more 
comprehensive approach to achieving them.
  There is a little dispute that our growing dependency on imported oil 
is dangerous, not only to our continued economic growth, but also to 
our national security. We are witnessing again this year just how 
volatile the price of gasoline and other motor fuels are and how 
decisions made by oil producers far from our shores affect the everyday 
lives of all Americans. As we increase our dependence of energy from 
others nations, we are literally placing our future in the hands of 
foreign entities. Yet, we are stymied at every turn in trying to 
significantly increase the discovery and development of new domestic 
sources of oil.
  At the same time, we continue to face serious air quality challenges 
from our almost exclusive use of conventional fuels for motor vehicles. 
Just in my home state of Utah, transportation vehicles account for 87 
percent of carbon monoxide emissions, 52 percent of nitrogen oxide 
emissions, 34 percent of hydrocarbon emissions, and 22 percent of 
coarse particulate matter in the air. All of these emissions can be 
harmful to individuals suffering from chronic respiratory illnesses, 
heart disease, asthma, and other ailments.
  More than just harming our health, however, these emissions detract 
from the natural beauty of our country. Furthermore, as the United 
States grows in population and dependency on automobile transportation, 
these problems will only become worse unless something is done to turn 
the tide.
  Fortunately, Mr. President, answers to both problems exist. Vehicle 
technology using domestically plentiful and clean-burning alternative 
fuels have advanced to the point that, if widely adapted by Americans, 
we could reverse the course on both foreign dependence and clean air. 
The challenge is in getting over the hurdle of initial acceptance of 
the new technologies by the American public.
  In essence, there are currently three market barriers to this initial 
acceptance of alternative fuels vehicles by Americans--the incremental 
cost of the vehicles over conventionally-fueled vehicles, the cost of 
the fuel, and the lack of convenient fueling stations. Providing 
incentives--not mandates--to overcome all three of these barriers is 
what this bill is all about.
  Mr. President, the bill addresses the first barrier--the extra cost 
of the alternative fuels vehicles--by providing a tax credit for a 
portion of the difference in cost. This is key component of the bill 
that was lacking in S. 1003. By bringing the cost of these vehicles 
within the range where savings on the cost of the alternative fuel will 
make owning these vehicles economically viable over the life of the 
vehicle, public acceptance of the technology should rapidly increase. 
Once this occurs, production economies of scale will bring the price of 
the vehicles down further.
  The bill addresses the second and third market barriers, that of fuel 
cost and availability, by providing tax credits for the alternative 
fuels and tax benefits for suppliers who decide to sell it to the 
public. This is important because the ready availability of the fuel in 
all geographic locations where the public needs to go or to send goods 
is key to their acceptance of alternative fuels vehicles. These tax 
benefits, when combined with the market effect caused by the demand for 
more fueling stations created by the purchase of more vehicles, will 
help ensure that such stations will appear where people need them.
  Mr. President, the incentive approach taken by this bill is meant to 
provide a temporary bridge over these barriers. If this approach works, 
the tax incentives will not be needed in the long run. This is why we 
have placed a seven-year sunset on these provisions. At the end of this 
period, Congress should take a close look at how well these incentives 
worked and how the market has developed.
  There is little doubt that sooner or later this Nation will have to 
turn to alternative fuels to help solve the two problems I mentioned 
earlier. I believe it should be sooner and the move should be 
incentive-based and market-driven. The bill we are introducing today 
can create the momentum to get us to a cleaner and more secure America 
much sooner. I urge my colleagues to support this legislation.
  Mr. ROCKEFELLER. Mr. President, today I gladly lend my support to the 
Alternative Fuels Tax Incentives Act being introduced by Senator 
Jeffords, along with Senators Hatch, Robb, Kerry, Bryan, and Chafee. I 
join with my colleagues because of my longstanding dedication to 
increasing the use of alternative fuels for transportation, and my 
understanding that to do so we must stimulate interest in the still 
fledgling alternative fuel vehicle industry. The success of this 
industry, and the acceptance of these vehicles in the market place, is 
critical to lowering our dependence on imported oil, improving the 
quality of the air we breathe, and reducing the greenhouse gases our 
nation emits.
  Let me take a few moments to relate some of the reasons why it is so 
important that we reduce our consumption of petroleum and use 
alternative sources of energy. The first and most tangible reason is 
the need to reduce our nation's dependence on foreign oil. Currently, 
we import more than half of the oil consumed in this nation. That 
translates to $180,000 per minute that is being spent to purchase 
foreign oil. That's bad for our balance of trade, but more important, 
none of us want to continue to have our energy costs fluctuate and 
spike at the whim of OPEC or any other foreign organization. The recent 
price increase shows just how important this is, and how vulnerable we 
are.
  A second reason is that it is critical that we reduce the 
transportation sector's negative impact on air quality. While the 
automobile industry has made great strides in reducing the emissions of 
cars and trucks, the improvement has been largely offset by the 
dramatically increasing number of miles these vehicles are driven each 
year, and by our increasing desire for larger, more powerful vehicles. 
In 1980, light trucks, a category that includes minivans and SUVs, 
accounted for only 19.9 percent of the U.S. automobile market. 
Traditionally, these vehicles have been exempted from corporate average 
fuel economy (CAFE) standards. In the past couple of years, some in 
Congress have been successful in blocking any adjustment to CAFE 
standards, including the inclusion of SUVs and minivans. Now the reason 
for including them is even more obvious. By 1998, these larger vehicles 
accounted for 47.5 percent of the automobile market, with SUVs alone 
accounting for 18.1 percent. Clearly, doing something to cut air 
pollution and to reduce greenhouse gas emissions will require an 
enormous change in our transportation sector.
  Because I believe it is the right thing to do for the people of West 
Virginia, and for the nation as a whole, I have been a long-time 
supporter of research into, incentives for, and commercial 
implementation of alternative fuel technologies. During my first term 
in the United States Senate, I introduced the Alternative Motor Vehicle 
Act of 1988. That legislation has been credited with a dramatic 
increase in the production of alternatively fueled vehicles,

[[Page S4201]]

notably the so-called flexibly-fueled vehicles, which run on either 
alternative fuels or gasoline. In fact, 500,000 of the 17 million cars 
sold in the United States in 1999 were flexible-fuel vehicles. In 1992, 
when Congress passed the Energy Policy Act (EPAct), I authored and 
supported a number of provisions in that law to promote the use of 
alternatively-fueled and electric vehicles through tax credits for 
vehicle purchase and installation of supporting infrastructure.

  Finally, just over a year ago, along with my colleagues Senators 
Hatch, Crapo, and Bryan, I introduced the Alternative Fuels Promotion 
Act, S. 1003. Both the Alternative Fuels Tax Incentives Act introduced 
today, and the Alternative Fuels Promotion Act introduced last year, 
would provide the alternative fuel vehicle industry some of the help it 
needs to begin to get a sustainable foothold in the market place. While 
these bills differ in the size and type of tax incentives, I strongly 
believe that both bills are appropriate steps toward a cleaner 
environment and a more energy independent nation.
  As I have stated on the Floor of the Senate before, the options for 
bringing about change in the transportation sector are somewhat 
limited. Congress could impose new taxes, mandates, or regulations. 
However, these approaches are sometimes unpopular with both the 
American people and our colleagues in Congress. I believe the best way 
to bring about the change we need is to provide incentives for 
manufacturers to develop and sell clean technology and for consumers to 
buy and use this technology. I believe that the Alternative Fuels Tax 
Incentives Act being introduced today offers manufacturers and 
consumers these necessary incentives.
  Our domestic automobile manufacturers have developed a number of 
clean-running and efficient vehicles. These vehicles are virtually 
indistinguishable from their gasoline-powered counterparts in terms of 
performance, safety, and comfort. However, there are still two major 
barriers to widespread acceptance. The first is cost. Though 
manufacturers have made great strides in reducing the cost of these 
vehicles, most, including those powered by natural gas, propane, 
methanol, and electricity, are still significantly more expensive than 
their gasoline-powered counterparts.
  A second critical roadblock impeding acceptance of alternatively 
fueled vehicles is the lack of an adequate refueling infrastructure. I 
received a call a few months ago from a woman who had just purchased a 
compressed natural gas-powered car made by a domestic manufacturer. Her 
entire car pool loved the car, especially the absence of any ``exhaust 
smell'' when you stood behind the car. She was calling to find out if 
we could help her locate more places to fuel it. She lives in Boston, 
and knew of only three fueling stations within a reasonable driving 
area. If this is the case in a major metropolitan area--which has a 
significant number of compressed natural gas-powered fleets in 
operation--it is clear that we have a long way to go. The Alternative 
Fuels Promotion Act offers strong incentives aimed at minimizing these 
roadblocks.
  We know that when national policy supports the creative energies and 
potential of the private sector, progress is made at a faster rate. The 
private sector is leading the way in developing alternative fuel 
vehicle technology. We need to provide consumers with a strong 
financial incentive to use this technology. Certainly, our continued 
dependence on foreign oil and the contribution of conventionally-
powered vehicles to air pollution--including greenhouse gases--compels 
us to try. I encourage my colleagues to take a hard look at our 
environment and our national energy security, and to pass the 
Alternative Fuels Tax Incentives Act during this Congress.
  I ask unanimous consent that this statement be inserted in the Record 
immediately after Senator Jeffords' statement introducing the 
Alternative Fuels Tax Incentives Act.
  Mr. ROBB. Mr. President, I am pleased to be an original co-sponsor of 
the Alternative Fuels Tax Incentive Act. This legislation will help 
accomplish two things. First, it will promote the production and use of 
cars that use clean fuels, and will consequently improve air quality. 
Secondly, the tax credit will improve our energy independence. I 
honestly believe that one of the best things we can do for this country 
is to find a way to fuel transportation that is cleaner, and more 
reliable. Our automobile emissions get cleaner every year. But there 
are more of us on the road every year, and we drive more miles every 
year. So we have to keep increasing our efforts in the direction of 
more efficient vehicles and cleaner fuels.
  Earlier this year, we experienced a sharp spike in fuel prices, 
courtesy of OPEC. It wasn't the first time and it won't be the last. It 
is imperative for our country to keep moving in the direction of energy 
independence, and I am convinced that it can be done without 
sacrificing convenience, mobility, or the environment. But we need to 
find a substitute for gasoline, and we need to combine the most 
efficient technologies in a way that provides convenient 
transportation.
  New automotive technologies are being developed by automobile 
companies, in concert with some of our fine engineering schools. All 
these technologies show promise, but after the pilot stage and before 
achieving mass appeal, there is a critical phase at which we can help a 
new idea grow, or we can ignore it and perhaps let it fail. This tax 
credit is a tool that can be used to bridge the gap between an 
experimental vehicle and a commercially available vehicle. It 
encompasses the kind of creative thinking that we need to employ if we 
are going to reach a new standard of efficiency in automotive 
technology.
  I look forward to a full discussion of the benefits of this bill, and 
hope my colleagues will join me in supporting this bill, and move for 
quick passage.
                                 ______
                                 
      By Mr. SARBANES (for himself, Mr. Daschle, Mr. Dodd, Mr. Kerry, 
        Mr. Bryan, Mr. Johnson, Mr. Reed, Mr. Schumer, Mr. Bayh, and 
        Mr. Edwards):
  S. 2592. A bill to establish a program to promote access to financial 
services, in particular for low- and moderate-income persons who lack 
access to such services, and for other purposes; to the Committee on 
Banking, Housing, and Urban Affairs.


                       First Accounts Act of 2000

 Mr. SARBANES. Mr. President, I rise today to address a very 
serious problem facing our nation: millions of low- and moderate-income 
Americans lack adequate access to basic financial services. I am 
pleased to introduce the First Accounts Act of 2000 (``FAA''). This 
bill, which has been proposed by the Administration, establishes a 
pilot program within the Department of the Treasury designed to promote 
access to financial services for the millions of low- and moderate 
income persons currently facing barriers to affordable and convenient 
banking services. Joining as original co-sponsors in the introduction 
of this legislation are the Senate Democratic leader, Senator Daschle, 
and my fellow Democratic members of the Banking Committee--Senators 
Dodd, Kerry, Bryan, Johnson, Reed, Schumer, Edwards, and Bayh.
  Access to basic banking services is essential for Americans seeking 
to participate fully in our increasingly complex financial and economic 
system. Unfortunately, recent studies show that millions of families 
lack access to affordable banking accounts and safe and secure ATMs, 
and do not have adequate knowledge of beneficial financial services and 
products. The lack of information and access to such financial services 
limits economic opportunities for low- and moderate-income persons, 
steers them toward high cost services offered by fringe operators in 
the financial services industry, reduces their ability to manage their 
finances and plan for the future, and may even place these individuals 
at a risk to their personal safety. Under the bill, the Treasury 
Department is authorized to partner with financial institutions, 
community organizations, and financial services electronic networks to 
improve access to mainstream financial services in four ways: 
affordable banking accounts, safe and secure ATMs, extensive financial 
literacy, and research and development efforts.


                      Affordable Banking Accounts

  First, the bill would promote access to financial services by helping 
write-down the cost to depository institutions of establishing low-cost 
accounts

[[Page S4202]]

for low- and moderate-income consumers. According to the Federal 
Reserve, approximately 8.4 million low- and moderate-income families 
did not have a bank account in 1998. This represents 22% of such 
households. The high cost of banking services--particularly high 
minimum opening balances and monthly fee--remains a major obstacle to 
many families establishing a relationship with a federally-insured 
depository institution. According to the Federal Reserve Board, the 
average minimum opening balance requirement was $115 in 1997. Moreover, 
a 1999 U.S. Public Interest Research Group study revealed that 
consumers who could not meet account minimum balances at banks paid an 
average of $217 annually.
  Althoguh seven states currently require banks to offer some form of 
low-cost banking accounts, there is a growing recognition that banks 
would voluntarily expand access to affordable accounts with appropriate 
encouragement. For instance, Treasury currently provides incentives 
under the Electronic Funds Transfer (``EFT'') program to banks that 
provide low-cost accounts for recipients of government checks. More 
than 538 federally-insured institutions signed up to offer the low-cost 
account during the first nine months of the EFT program.
  I am pleased to have worked closely with Treasury in developing the 
EFT program to extend its benefits to the ``unbanked'' who receive 
government checks. This legislation would build on that experience to 
extend the benefits of direct deposit accounts to those who receive 
private sector checks.
  The lack of access to basic banking services creates numerous 
difficulties for the ``unbanked.'' First, it increases the cost of 
financial transactions for law- and moderate-income persons. These 
individuals pay high service fees to check cashing outlets and other 
nonbanks when cashing checks and purchasing money orders. A 1998 study 
by the Organization for a New Equality showed that over a lifetime, a 
low-income family could pay over $15,000 in fees for cashing checks and 
paying bills outside the financial services mainstream.
  Moreover, the lack of a banking account often makes it difficult for 
low- and moderate-income individuals to establish traditional credit 
and limits their ability to access other financial products. First-time 
homeowner programs, rental property managers, utility companies, and 
credit card companies are increasingly requiring applicants to have 
bank accounts. In the absence of a relationship with banks, low- and 
moderate-income individuals often end up as customers of fringe bankers 
who charge them exorbitant fees to access credit.


                          safe and secure atms

  Second, Treasury would provide assistance to banks and financial 
services automated networks that expand the availability of ATMs in 
safe, secure, and convenient locations in low-income neighborhoods. The 
availability of convenient and safe ATMs and point-of-sale terminals is 
taken for granted by most Americans. However, a substantial number of 
Americans live in communities where there are either no ATMs or the 
ATMs are located in unsafe and insecure environments. A recent Treasury 
analysis of census tracts in Los Angeles and New York showed that there 
were nearly twice as many ATMs in middle-income census tracts than 
there were in low-income areas. The absence of safe and secure ATMs in 
many neighborhoods places residents in situations that risk their 
personal safety. Every day many low- and moderate-income Americans 
decide between the risk of carrying large sums of money on their 
persons and going to an ATM at night. The FAA would increase the number 
of safe and secure access points into the financial mainstream by 
working with financial institutions and financial services networks to 
install ATMs in secure locations such as U.S. post offices. A pilot 
program between Treasury and a major financial institution has already 
placed ATMs in post offices in underserved communities in Baltimore and 
Tallahassee, and there are plans to expand the program to post offices 
across the country.


                           financial literacy

  Third, FAA would support financial education for low- and moderate-
income Americans. Proponents of affordable banking services and 
products have come to recognize that the creation and design of these 
services only represents an initial step to improving access for this 
segment of the population. States such as New York have discovered that 
despite the existence of affordable banking accounts targeted towards 
underserved communities, many people do not take advantage of such 
services because they either do not know that such services are 
available or do not believe that they would benefit. This lack of 
information remains one of the greatest obstacles to bringing 
``unbanked'' Americans into the economic mainstream. Through 
partnerships with community organizations and a public awareness 
campaign, Treasury will educate low- and moderate-income Americans 
about the availability of affordable financial services and the 
usefulness of having a bank account, managing household finances and 
building assets.


                        research and development

  Finally, the FAA authorizes the Treasury to conduct research and 
development in order to expand access to financial services for low- 
and moderate-income communities.
  The Administration has strongly supported expanding access to 
financial services for all Americans. The FAA would build upon and 
expand current initiatives by the Administration. The Administration's 
FY 2001 budget seeks an appropriation of $30 million in fiscal year 
2001 for this program.
  The First Accounts Act will help millions of low- and moderate-income 
Americans who lack access to affordable and convenient financial 
services to become part of the economic mainstream. This will be to 
their benefit, the benefit of the financial institutions with which 
they do business, and the benefit of our society as a whole. This 
modest legislation can make an enormous contribution to giving all 
Americans the opportunity to participate fully in our current economic 
prosperity. I urge its support by all of my colleagues.
                                 ______
                                 
      By Mr. GORTON (for himself, Mr. DeWine, Mr. Voinovich, Mrs. 
        Murray, Mr. Crapo, and Mr. Craig):
  S. 2597. A bill to clarify that environmental protection, safety, and 
health provisions continue to apply to the functions of the National 
Nuclear Security Administration to the same extent as those provisions 
applied to those functions before transfer to the Administration; to 
the Committee on Armed Services.


             legislation assuring cleanup of defense sites

 Mr. GORTON. Mr. President, in 1989, the Department of Energy 
signed an historic agreement with the State of Washington and the 
Environmental Protection Agency, committing to clean up the Hanford 
Nuclear Reservation in the South-Central part of the State of 
Washington. This pact, known as ``The Tri-Party Agreement'' has, for 
the most part, worked well to assure that the federal government keeps 
its commitment to the citizens of the state of Washington to keep the 
byproducts of nuclear materials production from harming the people who 
live and work in that area.
  Last year, responding to different pressures, Congress created the 
National Nuclear Security Administration (NNSA). Some officials, 
including my own state Attorney General, are concerned that the 
creation of the NNSA may create some uncertainty as to the Department 
of Energy's continued legal obligation to clean up the site. The NNSA 
was never intended to disrupt the enforceability of legal agreements 
that assure sites such as Hanford are to be cleaned up under specific 
timelines.
  The purpose of this legislation is to clarify that environmental, 
safety and health provisions continue to apply to the functions of the 
recently created NNSA to the same extent as they applied to those 
functions before transfer to the NNSA.
  While the legislative history of the legislation creating the 
National Nuclear Security Administration demonstrated clear 
Congressional intent that the NNSA remain subject to state, federal and 
local environment, safety and health requirements, some have raised 
concern that the legislation could be construed as narrowing the 
existing waivers of federal sovereign immunity with respect to these 
requirements.

[[Page S4203]]

  The Department of Energy hosts some of the most challenging 
environmental contamination sites in the country. Although the Hanford 
site is perhaps the biggest challenge, there are sites in several other 
states as well.
  It is critical to the preservation of the environment and the 
protection of human health that states maintain their existing 
authority to enforce environmental, safety, and health requirements 
with respect to Department of Energy facilities under the NNSA's 
control.
  A wide range of support exists for this legislation clarifying that 
the earlier legislation creating the NNSA was not intended to impair 
state regulatory authority over facilities under the NNSA's 
jurisdiction. Organizations supporting this legislation include the 
National Governors Association, the National Conference of State 
Legislatures, and the National Association of Attorneys General.
  Just as this bill will clarify that the NNSA does not impair state 
regulatory authority over facilities under the NNSA's jurisdiction, the 
bill is carefully worded so as not to expand the states' authority in 
this regard. This bill simply reaffirms the ability of states to use 
the enforcement measures that are contained in cleanup agreements made 
with the federal government, such as the Tri-Party Agreement.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Murkowski, Mr. Hatch, Mr. 
        Daschle, Mr. Abraham, Mr. Sarbanes, Mr. Moynihan, Mrs. Boxer, 
        Mr. Schumer, Mr. Lautenberg, Mr. Smith of Oregon, Mr. Kohl, Mr. 
        Levin, Mr. Wyden, Mr. Feingold, Mr. Robb, Mr. Wellstone, Mr. 
        Lieberman, and Mr. Inouye):
  S. 2598. A bill to authorize appropriations for the United States 
Holocaust Memorial Museum, and for other purposes; to the Committee on 
Energy and Natural Resources.


        united states holocaust memorial museum reauthorization

 Mr. BINGAMAN. Mr. President, today I am introducing 
legislation which reauthorizes appropriations for the United States 
Holocaust Memorial Museum. In addition to extending the authorization 
for the museum and the United States Holocaust Memorial Council, the 
bill makes several clarifying and conforming changes to the 1980 
enabling legislation to incorporate the recommendations of a recently 
completed review of the museum and the council by the National Academy 
of Public Administration.
  As described in the museum's mission statement, the United States 
Holocaust Memorial Museum is America's national institution for the 
documentation, study, and interpretation of Holocaust history, and 
serves as this country's memorial to the millions of people murdered 
during the Holocaust. The Museum's primary mission is to advance and 
disseminate knowledge about this unprecedented tragedy; to preserve the 
memory of those who suffered; and to encourage its visitors to reflect 
upon the moral and spiritual questions raised by the events of the 
Holocaust as well as their own responsibilities as citizens of a 
democracy.
  Since the museum was opened to the public in 1993, it has been one of 
the most heavily visited sites in our nation's capital, with more than 
2 million visitors last year. Previous bills authorizing appropriations 
for the museum have enjoyed broad bipartisan support, and I am pleased 
that this bill is no exception, with over 17 original cosponsors on 
both sides of the aisle.
  Mr. President, identical legislation has already been introduced in 
the other body. Given the broad support for the museum and the memorial 
council, it is my hope that the Senate will approve this legislation 
expeditiously. 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. 2598

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

     SECTION 1. AMENDMENT.

       Chapter 23 of title 36, United States Code, is amended to 
     read as follows:

         ``CHAPTER 23--UNITED STATES HOLOCAUST MEMORIAL MUSEUM

``Sec. 2301. Establishment of the United States Holocaust Memorial 
              Museum; functions.
``Sec. 2302. Functions of the Council; membership.
``Sec. 2303. Compensation; travel expenses; full-time officers or 
              employees of United States or Members of Congress.
``Sec. 2304. Administrative provisions.
``Sec. 2305. Staff.
``Sec. 2306. Memorial museum.
``Sec. 2307. Gifts, bequests, and devises of property; tax treatment.
``Sec. 2308. Annual report.
``Sec. 2309. Audit of financial transactions.
``Sec. 2310. Authorization of appropriations.

     ``SEC. 2301. ESTABLISHMENT OF THE UNITED STATES HOLOCAUST 
                   MEMORIAL MUSEUM; FUNCTIONS.

       ``The United States Holocaust Memorial Museum (hereinafter 
     in this chapter referred to as the `Museum') is an 
     independent establishment of the United States Government. 
     The Museum shall--
       ``(1) provide for appropriate ways for the Nation to 
     commemorate the Days of Remembrance, as an annual, national, 
     civic commemoration of the Holocaust, and encourage and 
     sponsor appropriate observances of such Days of Remembrance 
     throughout the United States;
       ``(2) operate and maintain a permanent living memorial 
     museum to the victims of the Holocaust, in cooperation with 
     the Secretary of the Interior and other Federal agencies as 
     provided in section 2306 of this title; and
       ``(3) carry out the recommendations of the President's 
     Commission on the Holocaust in its report to the President of 
     September 27, 1979, to the extent such recommendations are 
     not otherwise provided for in this chapter.

     ``SEC. 2302. FUNCTIONS OF THE COUNCIL; MEMBERSHIP.

       ``(a) In General.--The United States Holocaust Memorial 
     Council (hereinafter in this chapter referred to as the 
     `Council') shall be the board of trustees of the Museum and 
     shall have overall governance responsibility for the Museum, 
     including policy guidance and strategic direction, general 
     oversight of Museum operations, and fiduciary responsibility. 
     The Council shall establish an Executive Committee which 
     shall exercise ongoing governance responsibility when the 
     Council is not in session.
       ``(b) Composition of Council; Appointment; Vacancies.--The 
     Council shall consist of 65 voting members appointed (except 
     as otherwise provided in this section) by the President and 
     the following ex officio nonvoting members:
       ``(1) 1 appointed by the Secretary of the Interior.
       ``(2) 1 appointed by the Secretary of State.
       ``(3) 1 appointed by the Secretary of Education. Of the 65 
     voting members, 5 shall be appointed by the Speaker of the 
     United States House of Representatives from among Members of 
     the United States House of Representatives and 5 shall be 
     appointed by the President pro tempore of the United States 
     Senate upon the recommendation of the majority and minority 
     leaders from among Members of the United States Senate. Any 
     vacancy in the Council shall be filled in the same manner as 
     the original appointment was made.
       ``(c) Term of Office.--
       ``(1) Except as otherwise provided in this subsection, 
     Council members shall serve for 5-year terms.
       ``(2) The terms of the 5 Members of the United States House 
     of Representatives and the 5 Members of the United States 
     Senate appointed during any term of Congress shall expire at 
     the end of such term of Congress.
       ``(3) Any member appointed to fill a vacancy occurring 
     before the expiration of the term for which his predecessor 
     was appointed shall be appointed only for the remainder of 
     such term. A member, other than a Member of Congress 
     appointed by the Speaker of the United States House of 
     Representatives or the President pro tempore of the United 
     States Senate, may serve after the expiration of his term 
     until his successor has taken office.
       ``(d) Chairperson and Vice Chairperson; Term of Office.--
     The Chairperson and Vice Chairperson of the Council shall be 
     appointed by the President from among the members of the 
     Council and such Chairperson and Vice Chairperson shall each 
     serve for terms of 5 years.
       ``(e) Reappointment.--Members whose terms expire may be 
     reappointed, and the Chairperson and Vice Chairperson may be 
     appointed to those offices.
       ``(f) Bylaws.--The Council shall adopt bylaws to carry out 
     its functions under this chapter. The Chairperson may waive a 
     bylaw when the Chairperson decides that waiver is in the best 
     interest of the Council. Immediately after waiving a bylaw, 
     the Chairperson shall send written notice of the waiver to 
     every voting member of the Council. The waiver becomes final 
     30 days after the notice is sent unless a majority of Council 
     members disagree in writing before the end of the 30-day 
     period.
       ``(g) Quorum.--One-third of the members of the Council 
     shall constitute a quorum, and any vacancy in the Council 
     shall not affect its powers to function.
       ``(h) Associated Committees.--Subject to appointment by the 
     Chairperson, an individual who is not a member of the Council 
     may be designated as a member of a committee associated with 
     the Council. Such an

[[Page S4204]]

     individual shall serve without cost to the Federal 
     Government.

     ``SEC. 2303. COMPENSATION; TRAVEL EXPENSES; FULL-TIME 
                   OFFICERS OR EMPLOYEES OF UNITED STATES OR 
                   MEMBERS OF CONGRESS.

       ``(a) In General.--Except as provided in subsection (b) of 
     this section, members of the Council are each authorized to 
     be paid the daily equivalent of the annual rate of basic pay 
     in effect for positions at level IV of the Executive Schedule 
     under section 5315 of title 5, for each day (including travel 
     time) during which they are engaged in the actual performance 
     of duties of the Council. While away from their homes or 
     regular places of business in the performance of services for 
     the Council, members of the Council shall be allowed travel 
     expenses, including per diem in lieu of subsistence, in the 
     same manner as persons employed intermittently in Government 
     service are allowed expenses under suction 5703 of title 5.
       ``(b) Exception.--Members of the Council who are full-time 
     officers or employees of the United States or Members of 
     Congress shall receive no additional pay by reason of their 
     service on the Council.

     ``SEC. 2304. ADMINISTRATIVE PROVISIONS.

       ``(a) Experts and Consultants.--The Museum may obtain the 
     services of experts and consultants in accordance with the 
     provisions of section 3109 of title 5, at rates not to exceed 
     the daily equivalent of the annual rate of basic pay in 
     effect for positions at level IV of the Executive Schedule 
     under section 5315 of title 5.
       ``(b) Authority To Contract.--The Museum may, in accordance 
     with applicable law, enter into contracts and other 
     arrangements with public agencies and with private 
     organizations and persons and may make such payments as may 
     be necessary to carry out its functions under this chapter.
       ``(c) Assistance From Other Federal Departments and 
     Agencies.--The Secretary of the Smithsonian Institution, the 
     Library of Congress, and the heads of all executive branch 
     departments, agencies, and establishments of the United 
     States may assist the Museum in the performance of its 
     functions under this chapter.
       ``(d) Administrative Services and Support.--The Secretary 
     of the Interior may provide administrative services and 
     support to the Museum on a reimbursable basis.

     ``SEC. 2305. STAFF.

       ``(a) Establishment of the Museum Director as Chief 
     Executive Officer.--There shall be a director of the Museum 
     (hereinafter in this chapter referred to as the `Director') 
     who shall serve as chief executive officer of the Museum and 
     exercise day-to-day authority for the Museum. The Director 
     shall be appointed by the Chairperson of the Council, subject 
     to confirmation of the Council. The Director may be paid with 
     nonappropriated funds, and, if paid with appropriated funds 
     shall be paid the rate of basic pay for positions at level IV 
     of the Executive Schedule under section 5315 of title 5. The 
     Director shall report to the Council and its Executive 
     Committee through the Chairperson. The Director shall serve 
     at the pleasure of the Council.
       ``(b) Appointment of Employees.--The Director shall have 
     authority to--
       ``(1) appoint employees in the competitive service subject 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of title 5, relating to classification and general 
     schedule pay rates;
       ``(2) appoint and fix the compensation (at a rate not to 
     exceed the rate of basic pay in effect for positions at level 
     IV of the Executive Schedule under section 5315 of title 5) 
     of us to 3 employees not-withstanding any other provision of 
     law; and
       ``(3) implement the decisions and strategic plan for the 
     Museum, as approved by the Council, and perform such other 
     functions as may be assigned from time to time by the 
     Council, the Executive Committee of the Council, or the 
     Chairperson of the Council, consistent with this legislation.

     ``SEC. 2306. MEMORIAL MUSEUM.

       ``(a) Architectural Design Approval.--The architectural 
     design for the memorial museum shall be subject to the 
     approval of the Secretary of the Interior, in consultation 
     with the Commission of Fine Arts and the National Capital 
     Planning Commission.
       ``(b) Insurance.--The Museum shall maintain insurance on 
     the memorial museum to cover such risks, in such amount, and 
     containing such terms and conditions as the Museum deems 
     necessary.

     ``SEC. 2307. GIFTS, BEQUESTS, AND DEVISES OF PROPERTY: TAX 
                   TREATMENT.

       ``The Museum may solicit, and the Museum may accept, hold, 
     administer, invest, and use gifts, bequests, and devises of 
     property, both real and personal, and all revenues received 
     or generated by the Museum to aid or facilitate the operation 
     and maintenance of the memorial museum. Property may be 
     accepted pursuant to this section, and the property and the 
     proceeds thereof used as nearly as possible in accordance 
     with the terms of the gift, bequest, or devise donating such 
     property. Funds donated to and accepted by the Museum 
     pursuant to this section or otherwise received or 
     generated by the Museum are not to be regarded as 
     appropriated funds and are not subject to any requirements 
     or restrictions applicable to appropriated funds. For the 
     purposes of Federal income, estate, and gift taxes, 
     property accepted under this section shall be considered 
     as a gift, bequest, or devise to the United States.

     ``SEC. 2308. ANNUAL REPORT.

       ``The Director shall transmit to Congress an annual report 
     on the Director's stewardship of the authority to operate and 
     maintain the memorial museum. Such report shall include the 
     following:
       ``(1) An accounting of all financial transactions involving 
     donated funds.
       ``(2) A description of the extent to which the objectives 
     of this chapter are being met.
       ``(3) An examination of future major endeavors, 
     initiatives, programs, or activities that the Museum proposes 
     to undertake to better fulfill the objectives of this 
     chapter.
       ``(4) An examination of the Federal role in the funding of 
     the Museum and its activities, and any changes that may be 
     warranted.

     ``SEC. 2309. AUDIT OF FINANCIAL TRANSACTIONS.

       ``Financial transactions of the Museum, including those 
     involving donated funds, shall be audited by the Comptroller 
     General as requested by Congress, in accordance with 
     generally accepted auditing standards. In conducting any 
     audit pursuant to this section, appropriate representatives 
     of the Comptroller General shall have access to all books, 
     accounts, financial records, reports, files and other papers, 
     items or property in use by the Museum, as necessary to 
     facilitate such audit, and such representatives shall be 
     afforded full facilities for verifying transactions with the 
     balances.

     ``SEC. 2310. AUTHORIZATION OF APPROPRIATIONS.

       ``To carry out the purposes of this chapter, there are 
     authorized to be appropriated such sums as may be necessary. 
     Notwithstanding any other provision of law, none of the funds 
     authorized to carry out this chapter may be made available 
     for construction. Authority to enter into contracts and to 
     make payments under this chapter, using funds authorized to 
     be appropriated under this chapter, shall be effective only 
     to the extent, and in such amounts, as provided in advance in 
     appropriations Acts.''.

 Mr. MURKOWSKI. Mr. President, I rise today to introduce a bill 
with my good friend, Senator Bingaman that will reauthorize the United 
States Holocaust Memorial Museum.
  The United States Holocaust Memorial Museum is America's national 
institution for the documentation, study, and interpretation of the 
history of the Holocaust and serves as this country's memorial to the 
millions of people murdered during the Holocaust.
  The Museum's primary mission is to advance and disseminate knowledge 
about the unprecedented tragedy; to preserve the memory of those who 
suffered; and to encourage its visitors to reflect upon the moral 
questions raised by the events of the Holocaust as well as their own 
responsibilities as citizens of a democracy.
  The work of the Museum is not limited to the building which overlooks 
the tidal basin here in Washington, D.C. I and my constituents in 
Alaska have benefitted from the work of the Museum. Through a system of 
very well designed traveling exhibits the Museum has been able to bring 
the story of the Holocaust, and its related history to millions of 
Americans nationwide. I know my constituents in Anchorage and Fairbanks 
will never forget their opportunity to view the traveling programs.
  The legislation makes some changes in the management authorities for 
the Museum and streamlines the procedures to appoint the Museum's 
Director. The legislation also provides the United States Holocaust 
Memorial Museum with the same permanent authorization as we have 
previously provided for the Smithsonian Institution.
  Mr. President, I urge my colleagues to support this bipartisan 
legislation.
                                 ______
                                 
      By Mr. ABRAHAM (for himself, Mr. Leahy, Mr. Grams, Mr. Kennedy, 
        Ms. Snowe, Mr. Craig, Ms. Collins, Mr. Gorton, Mr.  Jeffords, 
        Mr. Schumer, Mr. Graham, Mr. Levin, Mr. DeWine, and Mrs. 
        Murray):
  S. 2599. A bill to amend section 110 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996, and for other 
purposes; to the Committee on the Judiciary.


immigration and naturalization service data management improvement act 
                                of 2000

  Mr. ABRAHAM. Mr. President, I rise today to introduce the Immigration 
and Naturalization Service Data Management Improvement Act of 2000. 
This bill is designed to save jobs in Michigan and other states and 
prevent potentially enormous, hours-long traffic delays on the U.S.-
Canadian border. That is achieved by amending Section 110 of the 1996 
immigration law.
  Mr. President, Section 110 of the 1996 Immigration Act mandated that 
an automated system be established to record the entry and exit of all 
aliens as a means to provide more information on individuals who ``over 
stay''

[[Page S4205]]

their visas. In the opinion of many it became clear that this well-
intentioned measured, if implemented, could have an unforeseen impact. 
Today, when INS or Customs officials inspect people at land borders, 
they examine papers as necessary and make quick determinations, using 
their discretion on when to solicit more information. According to Dan 
Stamper, President of the Detroit International Bridge Company, if 
every single passenger of every single vehicle were required to provide 
detailed information in a form that could be entered into a computer--
even assuming an incredibly quick 30 seconds per individual--the 
traffic delays could exceed 20 hours in numerous jurisdictions at the 
Northern border. This would obviously create significant economic and 
even environmental harm. Moreover, it would divert scarce law 
enforcement resources away from more effective measures.
  Out of concern for its harmful impact on Michigan and law 
enforcement, I passed legislation in 1998 to delay implementation of 
Section 110 from its original start date of Sept. 30, 1998, until March 
30, 2001. But it remained clear that a delay could not sufficiently 
satisfy concerns that the INS might develop a system that would prove 
harmful to the people of Michigan and other states.
  Mr. President, Fred Upton showed great leadership in the House on 
this issue and served his constituents extraordinarily well in helping 
to forge this compromise. Lamar Smith deserves great credit for working 
closely with us and his other House colleagues in making an agreement 
that meets the economic and security interests of all sides on this 
issue.
  This is a great victory for the people of Michigan. This agreement 
strikes the right balance in enhancing our security and immigration 
enforcement needs while ensuring that we preserve the jobs and the 
other economic benefits Michigan receives from our close relationship 
with Canada.
  This bill, the product of the agreement with the House, replaces the 
current requirement that by March 30, 2001, a record of arrival and 
departure be collected for every alien at all ports of entry with a 
more achievable requirement that the Immigration and Naturalization 
Service develop an ``integrated entry and exit data system'' that 
focuses on data INS already regularly collects at ports of entry.
  The goal of Section 110 has been to track individuals who overstay 
their allowable stay in the United States. That goal is redirected into 
a more achievable direction. INS will be directed to put in electronic 
and retrievable form the information already collected at ports of 
entry and pursue other measures steps to improve enforcement of U.S. 
immigration laws. In addition, a task force chaired by the Attorney 
General that will include representatives of other government agencies 
and the private sector is established to examine the need for and costs 
of any additional measures, including additional security measures, at 
our borders. The bill also calls for increased international 
cooperation in securing the land borders.

  In essence, the agreement substitutes this approach in place of a 
mandate that a system be developed that would have required that all 
foreign travelers or U.S. permanent residents be individually recorded 
into a system at ports of entry and exit, thereby likely bringing 
traffic to a halt on the northern border for miles, trapping U.S. 
travelers in the process and costing potentially tens of thousands of 
jobs in manufacturing, tourism and other industries. The agreement also 
maintains the status quo in preventing new documentary requirements on 
Canadian travelers.
  Mr. President, the bottom line is that we will have a system that 
enhances law enforcement capabilities and will not impose new or 
onerous requirements on travelers that would damage Americans or the 
American economy.
  I would like to thank the cosponsors of this legislation who have 
been so important in achieving success in this long three-year effort: 
Senators Leahy, Grams, Kennedy, Snowe, Collins, Craig, Gorton, 
Jeffords, Schumer, Graham, Levin, DeWine, and Murray.
  Mr. President, I ask unanimous consent that the text of the 
legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2599

       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 ``Immigration and 
     Naturalization Service Data Management Improvement Act of 
     2000''.

     SEC. 2. AMENDMENT TO SECTION 110 OF IIRIRA.

       (a) In General.--Section 110 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1221 note) is amended to read as follows:

     ``SEC. 110. INTEGRATED ENTRY AND EXIT DATA SYSTEM.

       ``(a) Requirement.--The Attorney General shall implement an 
     integrated entry and exit data system.
       ``(b) Integrated entry and exit data system defined.--For 
     purposes of this section, the term `integrated entry and exit 
     data system' means an electronic system that--
       ``(1) provides access to, and integrates, alien arrival and 
     departure data that are--
       ``(A) authorized or required to be created or collected 
     under law;
       ``(B) in an electronic format; and
       ``(C) in a data base of the Department of Justice or the 
     Department of State, including those created or used at ports 
     of entry and at consular offices;
       ``(2) uses available data described in paragraph (1) to 
     produce a report of arriving and departing aliens by country 
     of nationality, classification as an immigrant or 
     nonimmigrant, and date of arrival in, and departure from, the 
     United States;
       ``(3) matches an alien's available arrival data with the 
     alien's available departure data;
       ``(4) assists the Attorney General (and the Secretary of 
     State, to the extent necessary to carry out such Secretary's 
     obligations under immigration law) to identify, through on-
     line searching procedures, lawfully admitted nonimmigrants 
     who may have remained in the United States beyond the period 
     authorized by the Attorney General; and
       ``(5) otherwise uses available alien arrival and departure 
     data described in paragraph (1) to permit the Attorney 
     General to make the reports required under subsection (e).
       ``(c) Construction.--
       ``(1) No additional authority to impose documentary or data 
     collection requirements.--Nothing in this section shall be 
     construed to permit the Attorney General or the Secretary of 
     State to impose any new documentary or data collection 
     requirements on any person in order to satisfy the 
     requirements of this section, including--
       ``(A) requirements on any alien for whom the documentary 
     requirements in section 212(a)(7)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(7)(B)) have been waived by 
     the Attorney General and the Secretary of State under section 
     212(d)(4)(B) of such Act (8 U.S.C. 1182(d)(4)(B)); or
       ``(B) requirements that are inconsistent with the North 
     American Free Trade Agreement.
       ``(2) No reduction of authority.--Nothing in this section 
     shall be construed to reduce or curtail any authority of the 
     Attorney General or the Secretary of State under any other 
     provision of law.
       ``(d) Deadlines.--
       ``(1) Airports and seaports.--Not later than December 31, 
     2003, the Attorney General shall implement the integrated 
     entry and exit data system using available alien arrival and 
     departure data described in subsection (b)(1) pertaining to 
     aliens arriving in, or departing from, the United States at 
     an airport or seaport. Such implementation shall include 
     ensuring that such data, when collected or created by an 
     immigration officer at an airport or seaport, are entered 
     into the system and can be accessed by immigration officers 
     at other airports and seaports.
       ``(2) High-traffic land border ports of entry.--Not later 
     than December 31, 2004, the Attorney General shall implement 
     the integrated entry and exit data system using the data 
     described in paragraph (1) and available alien arrival and 
     departure data described in subsection (b)(1) pertaining to 
     aliens arriving in, or departing from, the United States at 
     the 50 land border ports of entry determined by the Attorney 
     General to serve the highest numbers of arriving and 
     departing aliens. Such implementation shall include ensuring 
     that such data, when collected or created by an immigration 
     officer at such a port of entry, are entered into the system 
     and can be accessed by immigration officers at airports, 
     seaports, and other such land border ports of entry.
       ``(3) Remaining data.--Not later than December 31, 2005, 
     the Attorney General shall fully implement the integrated 
     entry and exit data system using all data described in 
     subsection (b)(1). Such implementation shall include ensuring 
     that all such data are available to immigration officers at 
     all ports of entry into the United States.
       ``(e) Reports.--
       ``(1) In general.--Not later than December 31 of each year 
     following the commencement of implementation of the 
     integrated entry and exit data system, the Attorney General 
     shall use the system to prepare an annual report to the 
     Committees on the Judiciary of the House of Representatives 
     and of the Senate.
       ``(2) Information.--Each report shall include the following 
     information with respect

[[Page S4206]]

     to the preceding fiscal year, and an analysis of that 
     information:
       ``(A) The number of aliens for whom departure data was 
     collected during the reporting period, with an accounting by 
     country of nationality of the departing alien.
       ``(B) The number of departing aliens whose departure data 
     was successfully matched to the alien's arrival data, with an 
     accounting by the alien's country of nationality and by the 
     alien's classification as an immigrant or nonimmigrant.
       ``(C) The number of aliens who arrived pursuant to a 
     nonimmigrant visa, or as a visitor under the visa waiver 
     program under section 217 of the Immigration and Nationality 
     Act (8 U.S.C. 1187), for whom no matching departure data have 
     been obtained through the system or through other means as of 
     the end of the alien's authorized period of stay, with an 
     accounting by the alien's country of nationality and date of 
     arrival in the United States.
       ``(D) The number of lawfully admitted nonimmigrants 
     identified as having remained in the United States beyond the 
     period authorized by the Attorney General, with an accounting 
     by the alien's country of nationality.
       ``(f) Authority to Provide Access to System.--
       ``(1) In general.--Subject to subsection (d), the Attorney 
     General, in consultation with the Secretary of State, shall 
     determine which officers and employees of the Departments of 
     Justice and State may enter data into, and have access to the 
     data contained in, the integrated entry and exit data system.
       ``(2) Other law enforcement officials.--The Attorney 
     General, in the discretion of the Attorney General, may 
     permit other Federal, State, and local law enforcement 
     officials to have access to the data contained in the 
     integrated entry and exit data system for law enforcement 
     purposes.
       ``(g) Use of Task Force Recommendations.--The Attorney 
     General shall continuously update and improve the integrated 
     entry and exit data system as technology improves and using 
     the recommendations of the task force established under 
     section 3 of the Immigration and Naturalization Service Data 
     Management Improvement Act of 2000.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for fiscal years 2001 through 
     2008.''.
       (b) Clerical Amendment.--The table of contents of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 is amended by amending the item relating to section 
     110 to read as follows:

``Sec. 110. Integrated entry and exit data system.''.

     SEC. 3. TASK FORCE.

       (a) Establishment.--Not later than 6 months after the date 
     of the enactment of this Act, the Attorney General, in 
     consultation with the Secretary of State, the Secretary of 
     Commerce, and the Secretary of the Treasury, shall establish 
     a task force to carry out the duties described in subsection 
     (c) (in this section referred to as the ``Task Force'').
       (b) Membership.--
       (1) Chairperson; appointment of members.--The Task Force 
     shall be composed of the Attorney General and 16 other 
     members appointed in accordance with paragraph (2). The 
     Attorney General shall be the chairperson and shall appoint 
     the other members.
       (2) Appointment requirements.--In appointing the other 
     members of the Task Force, the Attorney General shall 
     include--
       (A) representatives of Federal, State, and local agencies 
     with an interest in the duties of the Task Force, including 
     representatives of agencies with an interest in--
       (i) immigration and naturalization;
       (ii) travel and tourism;
       (iii) transportation;
       (iv) trade;
       (v) law enforcement;
       (vi) national security; or
       (vii) the environment; and
       (B) private sector representatives of affected industries 
     and groups.
       (3) Terms.--Each member shall be appointed for the life of 
     the Task Force. Any vacancy shall be filled by the Attorney 
     General.
       (4) Compensation.--
       (A) In general.--Each member of the Task Force shall serve 
     without compensation, and members who are officers or 
     employees of the United States shall serve without 
     compensation in addition to that received for their services 
     as officers or employees of the United States.
       (B) Travel expenses.--The members of the Task Force shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of service for the Task Force.
       (c) Duties.--The Task Force shall evaluate the following:
       (1) How the Attorney General can efficiently and 
     effectively carry out section 110 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1221 note), as amended by section 2 of this Act.
       (2) How the United States can improve the flow of traffic 
     at airports, seaports, and land border ports of entry 
     through--
       (A) enhancing systems for data collection and data sharing, 
     including the integrated entry and exit data system described 
     in section 110 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note), as 
     amended by section 2 of this Act, by better use of 
     technology, resources, and personnel;
       (B) increasing cooperation between the public and private 
     sectors;
       (C) increasing cooperation among Federal agencies and among 
     Federal and State agencies; and
       (D) modifying information technology systems while taking 
     into account the different data systems, infrastructure, and 
     processing procedures of airports, seaports, and land border 
     ports of entry.
       (3) The cost of implementing each of its recommendations.
       (d) Staff and Support Services.--
       (1) In general.--The Attorney General may, without regard 
     to the civil service laws and regulations, appoint and 
     terminate an executive director and such other additional 
     personnel as may be necessary to enable the Task Force to 
     perform its duties. The employment and termination of an 
     executive director shall be subject to confirmation by a 
     majority of the members of the Task Force.
       (2) Compensation.--The executive director shall be 
     compensated at a rate not to exceed the rate payable for 
     level V of the Executive Schedule under section 5316 of title 
     5, United States Code. The Attorney General may fix the 
     compensation of other personnel without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for such personnel may not exceed the rate 
     payable for level V of the Executive Schedule under section 
     5316 of such title.
       (3) Detail of government employees.--Any Federal Government 
     employee, with the approval of the head of the appropriate 
     Federal agency, may be detailed to the Task Force without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status, benefits, or privilege.
       (4) Procurement of temporary and intermittent services.--
     The Attorney General may procure temporary and intermittent 
     services for the Task Force under section 3109(b) of title 5, 
     United States Code, at rates for individuals not to exceed 
     the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (5) Administrative support services.--Upon the request of 
     the Attorney General, the Administrator of General Services 
     shall provide to the Task Force, on a reimbursable basis, the 
     administrative support services necessary for the Task Force 
     to carry out its responsibilities under this section.
       (e) Hearings and Sessions.--The Task Force may, for the 
     purpose of carrying out this section, hold hearings, sit and 
     act at times and places, take testimony, and receive evidence 
     as the Task Force considers appropriate.
       (f) Obtaining Official Data.--The Task Force may secure 
     directly from any department or agency of the United States 
     information necessary to enable it to carry out this section. 
     Upon request of the Attorney General, the head of that 
     department or agency shall furnish that information to the 
     Task Force.
       (g) Reports.--
       (1) Deadline.--Not later than December 31, 2002, and not 
     later than December 31 of each year thereafter in which the 
     Task Force is in existence, the Attorney General shall submit 
     a report to the Committees on the Judiciary of the House of 
     Representatives and of the Senate containing the findings, 
     conclusions, and recommendations of the Task Force. Each 
     report shall also measure and evaluate how much progress the 
     Task Force has made, how much work remains, how long the 
     remaining work will take to complete, and the cost of 
     completing the remaining work.
       (2) Delegation.--The Attorney General may delegate to the 
     Commissioner, Immigration and Naturalization Service, the 
     responsibility for preparing and transmitting any such 
     report.
       (h) Legislative Recommendations.--
       (1) In general.--The Attorney General shall make such 
     legislative recommendations as the Attorney General deems 
     appropriate--
       (A) to implement the recommendations of the Task Force; and
       (B) to obtain authorization for the appropriation of funds, 
     the expenditure of receipts, or the reprogramming of existing 
     funds to implement such recommendations.
       (2) Delegation.--The Attorney General may delegate to the 
     Commissioner, Immigration and Naturalization Service, the 
     responsibility for preparing and transmitting any such 
     legislative recommendations.
       (i) Termination.--The Task Force shall terminate on a date 
     designated by the Attorney General as the date on which the 
     work of the Task Force has been completed.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for fiscal years 2001 through 2003.

     SEC. 4. SENSE OF CONGRESS REGARDING INTERNATIONAL BORDER 
                   MANAGEMENT COOPERATION.

       It is the sense of the Congress that the Attorney General, 
     in consultation with the Secretary of State, the Secretary of 
     Commerce, and the Secretary of the Treasury,

[[Page S4207]]

     should consult with affected foreign governments to improve 
     border management cooperation.

  Mr. LEAHY. Mr. President, I am pleased to cosponsor this bill, which 
will help protect both America's economy and our relationship with 
Canada. In particular, citizens of states all across our Northern 
Border should breathe a sigh of relief that we appear to be close to 
finding a legislative solution to a potentially serious problem brewing 
along our border with Canada.
  This bill will replace section 110 of the Illegal Immigration Reform 
and Responsibility Act (IIRIRA). Section 110 would mandate that the 
Immigration and Naturalization Service (INS) establish an automated 
system to record the entry and exit of all aliens in order to track 
their movements within the United States and to determine those who 
``overstay'' their visas. the system has not yet been implemented.
  By requiring an automated system for monitoring the entry and exit of 
``all aliens,'' this provision requires that INS and Customs agents 
stop each vehicle or individual entering or exiting the United States 
at all ports of entry. Canadians, U.S. permanent residents and many 
others who are not currently required to show documentation of their 
status would likely either have to carry some form of identification or 
fill out paperwork at the points of entry.
  This sort of tracking system would be costly to implement along the 
Northern Border, especially since there is no current system or 
infrastructure to track the departure of citizens and others leaving 
the United States.
  Section 110 would also lead to excessive and costly traffic delays 
for those living and working near the border. These delays would surely 
have a negative impact on the $2.4 billion in goods and services 
shipped annually from Vermont to Canada and would likely reduce the 
$120 million per year which Canadians spend in Vermont.
  The Immigration and Naturalization Service Data Management 
Improvement Act will replace the existing Section 110 with a new 
provision that requires the Attorney General to implement an 
``integrated entry and exit data system.'' This system would simply 
integrate the arrival and departure data which already is authorized or 
required to be collected under current law, and which is in electronic 
format within databases held by the Justice and State Departments. The 
INS would not be required to take new steps to collect information from 
those entering and leaving the country, meaning that Canadians will 
have the same ability to enter the United States as they do today.
  This bill will ensure that tourists and trade continue to freely 
cross the border, without additional documentation requirements. This 
bill will also guarantee that more than $1 billion daily cross-border 
trade is not hindered in any way. Just as importantly, Vermonters and 
others who cross our nation's land borders on a daily basis to work or 
visit with family or friends should be able to continue to do so 
without additional border delays.
  This is an issue that I have worked on ever since section 110 was 
originally adopted in 1996. In 1997, along with Senator Abraham and 
others, I introduced the ``Border Improvement and Immigration Act of 
1997.'' Among other things, that legislation would have (1) 
specifically exempted Canadians from any new documentation or paperwork 
requirements when crossing the border into the United States; (2) 
required the Attorney General to discuss the development of 
``reciprocal agreements'' with the Secretary of State and the 
governments of contiguous countries to collect the data on visa 
overstayers; and (3) required the Attorney General to increase the 
number of INS inspectors by 300 per year and the number of Customs 
inspectors by 150 per year for the next three years, with at least half 
of those inspectors being assigned to the Northern Border.
  I also worked with Senator Abraham, Senator Kennedy, and other 
Senators to obtain postponements in the implementation date for the 
automated system mandated by section 110. We were successful in those 
attempts, delaying implementation until March 30, 2001. But delays are 
by nature only a temporary solution; in the legislation we introduce 
today, I believe we have found a permanent solution that allows us to 
keep track of the flow of foreign nationals entering and leaving the 
United States without crippling commerce or our important relationship 
with Canada. That is why I am proud to support this legislation, and 
why I urge prompt action.

                          ____________________