[Congressional Record (Bound Edition), Volume 145 (1999), Part 6]
[Senate]
[Pages 8464-8480]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HOLLINGS (for himself, Mr. Stevens, Mr. Kerry, Mr. Inouye, 
        Mr. Breaux, Mr. Kennedy, Mrs. Boxer, Mr. Biden, Mr. Lautenberg, 
        Mr. Akaka, Mr. Murkowski, Mr. Thurmond, Mrs. Murray, Mr. 
        Cleland, and Mr. Wyden):
  S. 959. A bill to establish a National Ocean Council, a Commission on 
Ocean Policy, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.


                         the oceans act of 1999

  Mr. HOLLINGS. Mr. President, I rise today to introduce the Oceans Act 
of 1999, legislation that the Senate unanimously passed in November 
1997. I am pleased to be joined in this endeavor by Senators Stevens, 
Kerry, Breaux, Inouye, Kennedy, Boxer, Biden, Lautenberg, Akaka, 
Murkowski, Thurmond, Murray, Cleland, and Wyden. Mr. President, plainly 
and simply, this bill calls for a plan of action for the twenty-first 
century to explore, protect, and use our oceans and coasts through the 
coming millennium.
  This is not the first time we have faced the need for a national 
ocean policy. Three decades ago, our Nation roared into space, 
investing tens of billions of dollars to investigate the moon and the 
Sea of Tranquility. During that golden era of science, some of us also 
recognized the importance of exploring the seas on our own planet. In 
1966, Congress enacted the Marine Resources and Engineering Development 
Act in order to define national objectives and programs with respect to 
the oceans. That legislation laid the foundation for U.S. ocean and 
coastal policy and programs and has guided their development for three 
decades. I was elected to the Senate just three months after the 1966 
Act was enacted into law, but I am pleased that both Senators Inouye 
and Kennedy, the two cosponsors of the 1966 Act still serving in the 
Senate, have agreed to join me today in introducing the Oceans Act.
  One of the central elements of the 1966 Act was establishment of a 
presidential commission to develop a plan for national action in the 
oceans and atmosphere. Dr. Julius A. Stratton, a former president of 
the Massachusetts Institute of Technology and then-chairman of the Ford 
Foundation, led the Commission on an unprecedented, and since 
unrepeated, investigation of this nation's relationship with the oceans 
and the atmosphere. The Stratton Commission and its congressional 
advisors (including Senators Warren G. Magnuson and Norris Cotton) 
worked together in a bipartisan fashion. In fact, the Commission was 
established and carried out its mandate in the Democratic 
Administration of Lyndon Johnson and saw its findings implemented by 
the Republicans under President Richard Nixon. With a staff of 35 
people, the commissioners hear and consulted over 1,000 people, visited 
every coastal area of this country, and submitted some 126 
recommendations in a 1969 report to Congress entitled Our Nation and 
the Sea. Those recommendations led directly to the creation of the 
National Oceanic and Atmospheric Administration in 1970, laid the 
groundwork for enactment of the Coastal Zone Management Act (CZMA) in 
1972, and established priorities for federal ocean activities that have 
guided this Nation for almost thirty years.
  While the Stratton Commission performed its job with vision and 
integrity, the world has changed since 1966. Today, half of the U.S. 
population lives within 50 miles of our shores and more than 30 percent 
of the Gross Domestic Product is generated in the coastal zone. Ocean 
and coastal resources once considered inexhaustible are severely 
depleted, and wetlands and other marine habitats are threatened by 
pollution and human activities. In addition, the U.S. regulatory and 
legal framework has developed over the years with the passage of a 
number of statutes in addition to CZMA. These include the Endangered 
Species Act, the Marine Mammal Protection Act, the Marine Protection, 
Research, and Sanctuaries Act, the Magnuson-Stevens Fishery 
Conservation and Management Act, the Coastal Barrier Resources Act, and 
the Oil Pollution Act. It is time to conduct a review that looks at 
coordination and duplication of programs and policies developed under 
these laws.
  Today people who work and live on the water face a patchwork of 
confusing and sometimes contradictory federal and state regulations. 
This bill would allow us to reduce conflicts while maintaining 
environmental and health safeguards. One illustration of the type of 
situation that must be corrected is the southeast shrimp trawl fishery. 
Shrimpers are required under the Endangered Species Act to use panels 
or grates (known as turtle excluder devices or TEDs) in their nets to 
protect endangered sea turtles. The panels

[[Page 8465]]

also reduce catches of small fish (bycatch), a new requirement of the 
Magnuson-Stevens Act. Unfortunately, however, the government has 
approved one TED for turtle protection and another for bycatch 
reduction--forcing the fishermen to use two separate devices, cut two 
holes in their nets, and double their shrimp loss. Anyone who wonders 
about public interest in regulatory reform has only to talk to a 
McClellanville, SC shrimper.
  The Oceans Act is vital to the continued health of the oceans and 
prosperity of our coasts. It is patterned after and would replace the 
1966 Act. Like that Act, it is comprised of three major elements:
  First, the bill calls for development and implementation of a 
coherent national ocean and coastal policy to conserve and sustainably 
use fisheries and other ocean and coastal resources, protect the marine 
environment and human safety, explore ocean frontiers, create marine 
technologies and economic opportunities, and preserve U.S. leadership 
on ocean and coastal issues.
  Second, the bill would establish a 16-member Commission, similar to 
the Stratton Commission, to examine ocean and coastal activities and 
report within 18 months on recommendations for a national policy. 
Commission members would be drawn from State and local governments, 
industry, academic and technical institutions, and public interest 
organizations involved in ocean and coastal activities. In developing 
its recommendations, the Commission would assess federal programs and 
funding priorities, ocean-related infrastructure requirements, 
conflicts among marine users, and technological opportunities. The bill 
authorizes appropriations of $6 million over two years to support 
Commission activities; last year's Omnibus Appropriations bill included 
$3.5 million to fund such a Commission.
  Third, the bill would create a high-level federal interagency Council 
that would include the heads of the Departments of Commerce, Navy, 
State, Transportation, and the Interior, the Environmental Protection 
Agency, the National Science Foundation, the Office of Science and 
Technology Policy, the Office of Management and Budget, the Council on 
Environmental Quality, and the National Economic Council. This Council 
would advise the President and serve as a forum for developing and 
implementing an ocean and coastal policy, provide for coordination of 
federal budgets and programs, and work with non-federal and 
international organizations.
  By establishing an action plan for ocean and coastal activities, the 
Oceans Act should also contribute substantially to national goals and 
objectives in the areas of education and research, economic 
development, and public safety. With respect to education and research, 
our view of the oceans thirty years ago was based on a remarkably small 
amount of information. When Jack Kennedy was in the White House, we 
were just beginning to develop the capability for exploring the oceans, 
and the driving factor was the military need to hide our submarines 
from the Soviets during the Cold War. What we knew of the oceans at 
that time was based as much on what fishermen brought up in their nets 
as it was on reliable scientific investigation.
  Nowhere is the need for U.S. leadership more evident than in the area 
of ocean exploration. Today, we still have explored only a tiny 
fraction of the sea, but with the use of new technologies what we have 
found is truly incredible. For example, hydrothermal vents, hot water 
geysers on the deep ocean floor, were discovered just 20 years ago by 
oceanographers trying to understand the formation of the earth's crust. 
Now this discovery had led to the identification of nearly 300 new 
types of marine animals with untold pharmaceutical and biomedical 
potential. In recent years, scientists from 19 nations have joined in 
an international partnership, headed by Admiral Watkins, to explore the 
history and structure of the Earth beneath the oceans basins. Their 
ship, the Resolution, is the world's largest scientific research vessel 
and can drill in water depths of up 8,200 meters. Over the past 12 
years, it has recovered more than 115 miles of core samples through the 
world oceans. Recently ship scientists worked off the coast of South 
Carolina collecting new evidence of a large meteor that struck the 
Earth 65 million years ago, and is thought to have triggered climate 
change that may be linked to the disappearance of the dinosaurs.
  Many of our marine research efforts could have profound impacts on 
our economic well-being. For example, research on coastal ocean 
currents and other processes that affect shoreline erosion is critical 
to effective management of the shoreline. Oceanographers are working 
with federal, state, and local managers to use this new understanding 
in protecting beachfront property and the lives of those who reside and 
work in coastal communities. Development of underwater cameras and 
sonar, begun in the 1940s for the U.S. Navy, has led to major strides 
not only for military uses, but for marine archaeologists and 
scientists exploring unknown stretches of sea floor. Consumers have 
benefited from the technology now used in video cameras. Sonar has 
broad applications in both the military and commercial sector.
  Finally, marine biotechnology research is thought to be one of the 
greatest remaining technological and industrial frontiers. Among the 
opportunities which it may offer are to: restore and protect marine 
ecosystems; monitor human health and treat disease; increase food 
supplies through aquaculture; enhance seafood safety and quality; 
provide new types and sources of industrial materials and processes; 
and understand biological and geochemical processes in the world ocean.
  In addition to the economic opportunities offered by our marine 
research investment, traditional marine activities play an important 
role in our national economic outlook. Ninety-five percent of our 
international trade is shipped on the ocean. In 1996, commercial 
fishermen in the United States landed almost 10 billion pounds of fish 
with a value of $3.5 billion. Their fishing-related activities 
contributed over $42 billion to the U.S. economy. During the same 
period, marine anglers contributed another $20 billion. Travel and 
tourism also contribute over $700 billion to our economy, much of which 
is generated in coastal areas. With a sound national ocean and coastal 
policy and effective marine resource management, these numbers have 
nowhere to go but up.
  With respect to public safety, it is particularly important to 
develop ocean and coastal priorities that reflect the changes we have 
seen in recent years. Before World War II, most of the U.S. shoreline 
was sparsely populated. There were long, wild stretches of coast, 
dotted with an occasional port city, fishing village, or sleepy resort. 
Most barrier islands had few residents or were uninhabited. After the 
war, people began pouring in, and coastal development began a period of 
explosive growth. In my state of South Carolina, our beaches attract 
millions of visitors every year, and more and more people are choosing 
to move to the coast--making the coastal counties the fastest growing 
ones in the state. Seventeen of the twenty fastest growing states in 
the nation are coastal states--which compounds the situation that the 
most densely populated regions already border the ocean. With 
population growth comes the demand for highways, shopping centers, 
schools, and sewers that permanently alter the landscape. If people are 
to continue to live and work on the coast, we must do a better job of 
planning how we impact the very regions in which we all want to live.
  There is no better example of how our ocean and coastal policies 
affect public safety, than to look at the effects of hurricanes. 
Throughout the 1920s, hurricanes killed 2,122 Americans while causing 
about $1.8 billion in property damages. By contrast, in the first five 
years of the 1990s, hurricanes killed 111 Americans, and resulted in 
damages of about $35 billion. While we have made notable advances in 
early warning and evacuation systems to protect human lives, the risk 
of property loss continues to escalate and coastal inhabitants are more 
vulnerable to major storms than they ever

[[Page 8466]]

have been. In 1989, Hurricane Hugo came ashore in South Carolina, 
leaving more than $6 billion in damages. Of that total from Hugo, the 
federal government paid out more than $2.8 billion in disaster 
assistance and more than $400 million from the National Flood Insurance 
Program. The payments from private insurance companies were equally 
staggering. In 1992, Hurricane Andrew struck southern Florida and 
slammed into low lying areas of Louisiana, forever changing the lives 
of more than a quarter of a million people and causing an estimated $25 
to $30 billion dollars in damage. Hurricanes demonstrate that the human 
desire to live near the ocean and along the coast comes with both a 
responsibility and a cost.
  The oceans are part of our culture, part of our heritage, part of our 
economy, and part of our future. Those who doubt the need for this 
legislation need only pick up a newspaper and they will be face to face 
with pressing ocean and coastal issues. And while our coastal waters 
are governed by the United States or all of us, beyond our waters 
progress relies primarily on international cooperation. There are no 
boundaries at sea, no national borders with fences and checkpoints. 
Deciding how to manage all these problems and use the seas is one of 
the most complicated tasks we can tackle.
  Therefore, we need to be smart about ocean policy--we need the best 
minds to come together and take a look at what the real challenges are. 
It is not enough to sit back and assume the role of caretakers. We must 
be proactive and develop a plan for the future.
  The United Nations declared 1998 to the be the Year of the Ocean in 
part to encourage governments and the pubic to pay adequate attention 
to the need to protect the marine environment and to ensure a healthy 
ocean. This is an unprecedented opportunity to follow up the Year of 
the Ocean activities by celebrating and enhancing what has been 
accomplished in understanding and managing our oceans.
  The Stratton Commission stated in 1969: ``How fully and wisely the 
United States uses the sea in the decades ahead will affect profoundly 
its security, its economy, its ability to meet increasing demands for 
food and raw materials, its position and influence in the world 
community, and the quality of the environment in which its people 
live.'' Those words are as true today as they were 30 years ago.
  Mr. President, it is time to look towards the next 30 years. This 
bill offers us the vision and understanding needed to establish sound 
ocean and coastal policies for the 21st century, and I thank the 
cosponsors of the legislation for joining with me in recognizing it 
significance. We look forward to working together in the bipartisan 
spirit of the Stratton Commission to enact legislation that ensures the 
development of an integrated national ocean and coastal policy well 
into the next millennium. 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. 959

       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 ``Oceans Act of 1999''.

     SEC. 2. CONGRESSIONAL FINDINGS; PURPOSE AND OBJECTIVES.

       (a) Findings.--The Congress makes the following findings:
       (1) Covering more than two-thirds of the Earth's surface, 
     the oceans and Great Lakes play a critical role in the global 
     water cycle and in regulating climate, sustain a large part 
     of Earth's biodiversity, provide an important source of food 
     and a wealth of other natural products, act as a frontier to 
     scientific exploration, are critical to national security, 
     and provide a vital means of transportation. The coasts, 
     transition between land and open ocean, are regions of 
     remarkable high biological productivity, contribute more than 
     30 percent of the Gross Domestic Product, and are of 
     considerable importance for recreation, waste disposal, and 
     mineral exploration.
       (2) Ocean and coastal resources are susceptible to change 
     as a direct and indirect result of human activities, and such 
     changes can significantly impact the ability of the oceans 
     and Great Lakes to provide the benefits upon which the Nation 
     depends. Changes in ocean and coastal processes could affect 
     global patterns, marine productivity and bio-diversity, 
     environmental quality, national security, economic 
     competitiveness, availability of energy, vulnerability to 
     natural hazards, and transportation safety and efficiency.
       (3) Ocean and coastal resources are not infinite, and human 
     pressure on them is increasing. One half of the Nation's 
     population lives within 50 miles of the coast, ocean and 
     coastal resources once considered inexhaustible are not 
     threatened with depletion, and if population trends continue 
     as expected, pressure on and conflicting demands for ocean 
     and coastal resources will increase further as will 
     vulnerability to coastal hazards.
       (4) Marine transportation is key to United States 
     participation in the global economy and to the wide range of 
     activities carried out in ocean and coastal regions. Inland 
     waterway and ports are the link between marine activities in 
     ocean and coastal regions and the supporting transportation 
     infrastructure ashore. International trade is expected to 
     triple by 2020. The increase has the potential to outgrow--
       (A) the capabilities of the marine transportation system to 
     ensure safety; and
       (B) the existing capacity of ports and waterways.
       (5) Marine technologies hold tremendous promise for 
     expanding the range and increasing the utility of products 
     from the oceans and Great Lakes, improving the stewardship of 
     ocean and coastal resources, and contributing to business and 
     manufacturing innovations and the creation of new jobs.
       (6) Research has uncovered the link between oceanic and 
     atmospheric processes and improved understanding of world 
     climate patterns and forecasts. Important new advances, 
     including availability of military technology have made 
     feasible the exploration of large areas of the ocean which 
     were inaccessible several years ago. In designating 1998 as 
     ``The Year of the Ocean'', the United Nations high-lighted 
     the value of increasing our knowledge of the oceans.
       (7) It has been more than 30 years since the Commission on 
     Marine Science, Engineering, and Resources (known as the 
     Stratton Commission) conducted a comprehensive examination of 
     ocean and coastal activities that led to enactment of major 
     legislation and the establishment of key oceanic and 
     atmospheric institutions.
       (8) A review of existing activities is essential to respond 
     to the changes that have occurred over the past three decades 
     and to develop an effective new policy for the twenty-first 
     century to conserve and use, in a sustainable manner, ocean 
     and coastal resources, protect the marine environment, 
     explore ocean frontiers, protect human safety, and create 
     marine technologies and economic opportunities.
       (9) Changes in United States laws and policies since the 
     Stratton Commission, such as the enactment of the Coastal 
     Zone Management Act, have increased the role of the States in 
     the management of ocean and coastal resources.
       (10) While significant Federal and State ocean and coastal 
     programs are underway, those Federal programs would benefit 
     from a coherent national ocean and coastal policy that 
     reflects the need for cost-effective allocation of fiscal 
     resources, improved interagency coordination, and 
     strengthened partnerships with State, private, and 
     international entities engaged in ocean and coastal 
     activities.
       (b) Purpose and Objectives.--The purpose of this Act is to 
     develop and maintain, consistent with the obligations of the 
     United States under international law, a coordinated, 
     comprehensive, and long-range national policy with respect to 
     ocean and coastal activities that will assist the Nation in 
     meeting the following objectives:
       (1) The protection of life and property against natural and 
     manmade hazards.
       (2) Responsible stewardship, including use, of fishery 
     resources and other ocean and coastal resources.
       (3) The protection of the marine environment and prevention 
     of marine pollution.
       (4) The enhancement of marine-related commerce and 
     transportation, the resolution of conflicts among users of 
     the marine environment, and the engagement of the private 
     sector in innovative approaches for sustainable use of living 
     marine resources.
       (5) The expansion of human knowledge of the marine 
     environment including the role of the oceans in climate and 
     global environmental change and the advance of education and 
     training in fields related to ocean and coastal activities.
       (6) The continued investment in and development and 
     improvement of the capabilities, performance, use, and 
     efficiency of technologies for use in ocean and coastal 
     activities.
       (7) Close cooperation among all government agencies and 
     departments to ensure--
       (A) coherent regulation of ocean and coastal activities;
       (B) availability and appropriate allocation of Federal 
     funding, personnel, facilities, and equipment for such 
     activities; and
       (C) cost-effective and efficient operation of Federal 
     departments, agencies, and programs involved in ocean and 
     coastal activities.

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       (8) The enhancement of partnerships with State and local 
     governments with respect to oceans and coastal activities, 
     including the management of ocean and coastal resources and 
     identification of appropriate opportunities for policy-making 
     and decision-making at the State and local level.
       (9) The preservation of the role of the United States as a 
     leader in ocean and coastal activities, and, when it is in 
     the national interest, the cooperation by the United States 
     with other nations and international organizations in ocean 
     and coastal activities.

     SEC. 3. DEFINITIONS.

       As used in this Act--
       (1) The term ``Commission'' means the Commission on Ocean 
     Policy.
       (2) The term ``Council'' means the National Ocean Council.
       (3) The term ``marine environment'' includes--
       (A) the oceans, including coastal and off-shore waters and 
     the adjacent shore lands;
       (B) the continental shelf;
       (C) the Great Lakes; and
       (D) the ocean and coastal resources thereof.
       (4) The term ``ocean and coastal activities'' includes 
     activities related to oceanography, fisheries and other ocean 
     and coastal resource stewardship and use, marine aquaculture, 
     energy and mineral resource extraction, marine 
     transportation, recreation and tourism, waste management, 
     pollution mitigation and prevention, and natural hazard 
     reduction.
       (5) The term ``ocean and coastal resource'' means, with 
     respect to the oceans, coasts, and Great Lakes, any living or 
     non-living natural resource (including all forms of animal 
     and plant life found in the marine environment, habitat, 
     biodiversity, water quality, minerals, oil, and gas) and any 
     significant historic, cultural or aesthetic resource.
       (6) The term ``oceanography'' means scientific exploration, 
     including marine scientific research, engineering, mapping, 
     surveying, monitoring, assessment, and information 
     management, of the oceans, coasts, and Great Lakes--
       (A) to describe and advance understanding of--
       (i) the role of the oceans, coasts and Great Lakes in 
     weather and climate, natural hazards, and the processes that 
     regulate the marine environment; and
       (ii) the manner in which such role, processes, and 
     environment are affected by human actions;
       (B) for the conservation, management and stewardship of 
     living and nonliving resources; and
       (C) to develop and implement new technologies related to 
     the environmentally sensitive use of the marine environment.

     SEC. 4. NATIONAL OCEAN AND COASTAL POLICY.

       (a) Executive Responsibilities.--The President, with the 
     assistance of the Council and the advice of the Commission, 
     shall--
       (1) develop and maintain a coordinated, comprehensive, and 
     long-range national policy with respect to ocean and coastal 
     activities consistent with obligations of the United States 
     under international law; and
       (2) with regard to Federal agencies and departments--
       (A) review significant ocean and coastal activities, 
     including plans, priorities, accomplishments, and 
     infrastructure requirements;
       (B) plan and implement an integrated and cost-effective 
     program of ocean and coastal activities including, but not 
     limited to, oceanography, stewardship of ocean and coastal 
     resources, protection of the marine environment, maritime 
     transportation safety and efficiency, marine recreation and 
     tourism, and marine aspects of weather, climate, and natural 
     hazards;
       (C) designate responsibility for funding and conducting 
     ocean and coastal activities; and
       (D) ensure cooperation and resolve differences arising from 
     laws and regulations applicable to ocean and coastal 
     activities which result in conflicts among participants in 
     such activities.
       (b) Cooperation and Consultation.--In carrying out 
     responsibilities under this Act, the President may use such 
     staff, interagency, and advisory arrangements as the 
     President finds necessary and appropriate and shall consult 
     with non-Federal organizations and individuals involved in 
     ocean and coastal activities.

     SEC. 5. NATIONAL OCEAN COUNCIL.

       (a) Establishment.--The President shall establish a 
     National Ocean Council and appoint a Chairman from among it 
     members. The Council shall consist of--
       (1) the Secretary of Commerce;
       (2) the Secretary of Defense;
       (3) the Secretary of State;
       (4) the Secretary of Transportation;
       (5) the Secretary of the Interior;
       (6) the Attorney General;
       (7) the Administrator of the Environmental Protection 
     Agency;
       (8) the Director of the National Science Foundation;
       (9) the Director of the Office of Science and Technology 
     Policy;
       (10) the Chairman of the Council on Environmental Quality;
       (11) the Chairman of the National Economic Council;
       (12) the Director of the Office of Management and Budget; 
     and
       (13) such other Federal officers and officials as the 
     President considers appropriate.
       (b) Administration.--
       (1) The President or the Chairman of the Council may from 
     time to time designate one of the members of the Council to 
     preside over meetings of the Council during the absence or 
     unavailability of such Chairman.
       (2) Each member of the Council may designate an officer of 
     his or her agency or department appointed with the advice and 
     consent of the Senate to serve on the Council as an alternate 
     in the event of the unavoidable absence of such member.
       (3) An executive secretary shall be appointed by the 
     Chairman of the Council, with the approval of the Council. 
     The executive secretary shall be a permanent employee of one 
     of the agencies or departments represented on the Council and 
     shall remain in the employ of such agency or department.
       (4) For the purpose of carrying out the functions of the 
     Council, each Federal agency or department represented on the 
     Council shall furnish necessary assistance to the Council. 
     Such assistance may include--
       (A) detailing employees to the Council to perform such 
     functions, consistent with the purposes of this section, as 
     the Chairman of the Council may assign to them; and
       (B) undertaking, upon request of the Chairman of the 
     Council, such special studies for the Council as are 
     necessary to carry out its functions.
       (5) The Chairman of the Council shall have the authority to 
     make personnel decisions regarding any employees detailed to 
     the Council.
       (c) Functions.--The Council shall--
       (1) assist the Commission in completing its report under 
     section 6;
       (2) serve as the forum for developing an implementation 
     plan for a national ocean and coastal policy and program, 
     taking into consideration the Commission report;
       (3) improve coordination and cooperation, and eliminate 
     duplication, among Federal agencies and departments with 
     respect to ocean and coastal activities; and
       (4) assist the Presdient in the preparation of the first 
     report required by section 7(a).
       (d) Sunset.--The Council shall cease to exist one year 
     after the Commission has submitted its final report under 
     section 6(h).
       (e) Savings Provision.--
       (1) Council activities are not intended to supersede or 
     interfere with other Executive Branch mechanisms and 
     responsibilities.
       (2) Nothing in this Act has any effect on the authority or 
     responsbility of any Federal officer or agency under any 
     other Federal law.

     SEC. 6. COMMISSION ON OCEAN POLICY.

       (A) Establishment.--
       (1) In general.--The President shall, within 90 days after 
     the enactment of this Act, establish a Commission on Ocean 
     Policy. The Commission shall be composed of 16 members 
     including individuals drawn from State and local governments, 
     industry, academic and technical institutions, and public 
     interest organizations involved with ocean and coastal 
     activities. Members shall be appointed for the life of the 
     Commission as follows:
       (A) 4 shall be appointed by the President of the United 
     States.
        (B) 4 shall be appointed by the President chosen from a 
     list of 8 proposed members submitted by the Majority Leader 
     of the Senate in consultation with the Chairman of the Senate 
     Committee on Commerce, Science, and Transportation.
       (C) 4 shall be appointed by the President chosen from a 
     list of 8 proposed members submitted by the Speaker of the 
     House of Representatives in consultation with the Chairman of 
     the House Committee on Resources.
       (D) 2 shall be appointed by the President chosen from a 
     list of 4 proposed members submitted by the Minority Leader 
     of the Senate in consultation with the Ranking Member of the 
     Senate Committee on Commerce, Science, and Transportation.
       (E) 2 shall be appointed by the President chosen from a 
     list of 4 proposed members submitted by the Minority Leader 
     of the House in consultation with the Ranking Member of the 
     House Committee on Resources.
       (2) First meeting.--The Commission shall hold its first 
     meeting within 30 days after it is established.
       (3) Chairman.--The President shall select a Chairman from 
     among such 16 members. Before selecting the Chairman, the 
     President is requested to consult with the Majority and 
     Minority Leaders of the Senate, the Speaker of the House of 
     Representatives, and the Minority Leader of the House of 
     Representatives.
       (4) Advisory Members.--In addition, the Commission shall 
     have 4 Members of Congress, who shall serve as advisory 
     members. One of the advisory members shall be appointed by 
     the Speaker of the House of Representatives. One of the 
     advisory members shall be appointed by the minority leader of 
     the House of Representatives. One of the advisory members 
     shall be appointed by the majority leader of the Senate. One 
     of the advisory members shall be appointed by the minority 
     leader of the Senate. The advisory members shall not 
     participate, except in an advisory capacity, in the 
     formulation of the findings and recommendations of the 
     Commission.

[[Page 8468]]

       (b) Findings and Recommendations.--The Commission shall 
     report to the President and the Congress on a comprehensive 
     national ocean and coastal policy to carry out the purpose 
     and objectives of this Act. In developing the findings and 
     recommendations of the report, the Commission shall--
       (1) review and suggest any necessary modifications to 
     United States laws, regulations, and practices necessary to 
     define and implement such policy, consistent with the 
     obligations of the United States under international law;
       (2) assess the condition and adequacy of investment in 
     existing and planned facilities and equipment associated with 
     ocean and coastal activities including human resources, 
     vessels, computers, satellites, and other appropriate 
     technologies and platforms;
       (3) review existing and planned ocean and coastal 
     activities of Federal agencies and departments, assess the 
     contribution of such activities to development of an 
     integrated long-range program for oceanography, ocean and 
     coastal resource management, and protection of the marine 
     environment, and identify any such activities in need of 
     reform to improve efficiency and effectiveness;
       (4) examine and suggest mechanisms to address the 
     interrelationships among ocean and coastal activities, the 
     legal and regulatory framework in which they occur, and their 
     inter-connected and cumulative effects on the marine 
     environment, ocean and coastal resources, and marine 
     productivity and biodiversity;
       (5) review the known and anticipated demands for ocean and 
     coastal resources, including an examination of opportunities 
     and limitations with respect to the use of ocean and coastal 
     resources within the exclusive economic zone, projected 
     impacts in coastal areas, and the adequacy of existing 
     efforts to manage such use and minimize user conflicts;
       (6) evaluate relationships among Federal, State, and local 
     governments and the private sector for planning and carrying 
     out ocean and coastal activities and address the most 
     appropriate division of responsibility for such activities;
       (7) identify opportunities for the development of or 
     investment in new products, technologies, or markets that 
     could contribute to the objectives of this Act;
       (8) consider the relationship of the ocean and coastal 
     policy of the United States to the United Nations Convention 
     on the Law of the Sea and other international agreements, and 
     actions available to the United States to effect 
     collaborations between the United States and other nations, 
     including the development of cooperative international 
     programs for oceanography, protection of the marine 
     environment, and ocean and coastal resource management; and
       (9) engage in any other preparatory work deemed necessary 
     to carry out the duties of the Commission pursuant to this 
     Act.
       (c) Duties of Chairman.--In carrying out the provisions of 
     this subsection, the Chairman of the Commission shall be 
     responsible for--
       (1) the assignment of duties and responsibilities among 
     staff personnel and their continuing supervision; and
       (2) the use and expenditures of funds available to the 
     Commission.
       (d) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government, 
     or whose compensation is not precluded by a State, local, or 
     Native American tribal government position, shall be 
     compensated at a rate equal to the daily equivalent of the 
     annual rate payable for Level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code, for each 
     day (including travel time) during which such member is 
     engaged in the performance of the duties of the Commission. 
     All members of the Commission 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.
       (e) Staff.--
       (1) The Chairman of the Commission may, without regard to 
     the civil service laws and regulations, appoint and terminate 
     an executive director who is knowledgeable in administrative 
     management and ocean and coastal policy and such other 
     additional personnel as may be necessary to enable the 
     Commission 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 Commission.
       (2) 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 Chairman 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 GS-15, step 7, of the General Schedule 
     under section 5332 of such title.
       (3) Upon request of the Chairman of the Commission, after 
     consulting with the head of the Federal agency concerned, the 
     head of any Federal Agency shall detail appropriate personnel 
     of the agency to the Commission to assist the Commission in 
     carrying out its functions under this Act. Federal Government 
     employees detailed to the Commission shall serve without 
     reimbursement from the Commission, and such detailee shall 
     retain the rights, status, and privileges of his or her 
     regular employment without interruption.
       (4) The Commission may accept and use the services of 
     volunteers serving without compensation, and to reimburse 
     volunteers for travel expenses, including per diem in lieu of 
     subsistence, as authorized by section 5703 of title 5, United 
     States Code. Except for the purposes of chapter 81 of title 
     5, United States Code, relating to compensation for work 
     injuries, and chapter 171 of title 28, United States Code, 
     relating to tort claims, a volunteer under this section may 
     not be considered to be an employee of the United States for 
     any purpose.
       (5) To the extent that funds are available, and subject to 
     such rules as may be prescribed by the Commission, the 
     executive director of the Commission may procure the 
     temporary and intermittent services of experts and 
     consultants in accordance with section 3109 of title 5, 
     United States Code, but at rates not to exceed the daily rate 
     payable for GS-15, step 7, of the General Schedule under 
     section 5332 of title 5, United States Code.
       (f) Administration.--
       (1) All meetings of the Commission shall be open to the 
     public, except that a meeting or any portion of it may be 
     closed to the public if it concerns matters or information 
     described in section 552b(c) of title 5, United States Code. 
     Interested persons shall be permitted to appear at open 
     meetings and present oral or written statement on the subject 
     matter of the meeting. The Commission may administer oaths or 
     affirmations to any person appearing before it.
       (2) All open meetings of the Commission shall be preceded 
     by timely public notice in the Federal Register of the time, 
     place, and subject of the meeting.
       (3) Minutes of each meeting shall be kept and shall contain 
     a record of the people present, a description of the 
     discussion that occurred, and copies of all statements filed. 
     Subject to section 552 of title 5, United States Code, the 
     minutes and records of all meetings and other documents that 
     were made available to or prepared for the Commission shall 
     be available for public inspection and copying at a single 
     location in the offices of the Commission.
       (4) The Federal Advisory Committee Act (5 U.S.C. App.) does 
     not apply to the Commission.
       (g) Cooperation With Other Federal Entities.--
       (1) The Commission is authorized to secure directly from 
     any Federal agency or department any information it deems 
     necessary to carry out its functions under this Act. Each 
     such agency or department is authorized to cooperate with the 
     Commission and, to the extent permitted by law, to furnish 
     such information to the Commission, upon the request of the 
     Chairman of the Commission.
       (2) The Commission may use the United States mails in the 
     same manner and under the same conditions as other 
     departments and agencies of the United States.
       (3) The General Services Administration shall provide to 
     the Commission on a reimbursable basis the administrative 
     support services that the Commission may request.
       (4) The Commission may enter into contracts with Federal 
     and State agencies, private firms, institutions, and 
     individuals to assist the Commission in carrying out its 
     duties. The Commission may purchase and contract without 
     regard to sections 303 of the Federal Property and 
     Administration Services Act of 1949 (41 U.S.C. 253), section 
     18 of the Office of Federal Procurement Policy Act (41 U.S.C. 
     416), and section 8 of the Small Business Act (15 U.S.C. 
     637), pertaining to competition and publication requirements, 
     and may arrange for printing without regard to the provisions 
     of title 44, United States Code. The contracting authority of 
     the Commission under this Act is effective only to the extent 
     that appropriations are available for contracting purposes.
       (h) Report.--The Commission shall submit to the President, 
     via the Council, and to the Congress not later than 18 months 
     after the establishment of the Commission, a final report of 
     its findings and recommendations. The Commission shall cease 
     to exist 30 days after it has submitted its final report.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to support the activities of the 
     Commission a total of up to $6,000,000 for fiscal years 2001 
     and 2002. Any sums appropriated shall remain available 
     without fiscal year limitation until the Commission ceases to 
     exist.

     SEC. 7. REPORT AND BUDGET COORDINATION.

       (a) Biennial Report.--Beginning in January, 2000, the 
     President shall transmit to the Congress biennially a report, 
     which shall include--
       (1) a comprehensive description of the ocean and coastal 
     activities (and budgets) and related accomplishments of all 
     agencies and departments of the United States during the 
     preceding 2 fiscal years; and
       (2) an evaluation of such activities (and budgets) and 
     accomplishments in terms of

[[Page 8469]]

     the purpose and objectives of this Act. Reports made under 
     this section shall contain such recommendations for 
     legislation as the President may consider necessary or 
     desirable.
       (b) Budget Coordination.--
       (1) Each year the President shall provide general guidance 
     to each Federal agency or department involved in ocean or 
     coastal activities with respect to the preparation of 
     requests for appropriations.
       (2) Each agency or department involved in such activities 
     shall include with its annual request for appropriations a 
     report which--
       (A) identifies significant elements of the proposed agency 
     or department budget relating to ocean and coastal 
     activities; and
       (B) specifies how each such element contributes to the 
     implementation of a national ocean and coastal policy.

     SEC. 8. REPEAL OF 1966 STATUTE.

       The Marine Resources and Engineering Development Act of 
     1966 (33 U.S.C. 1101 et seq.) is repealed.
                                 ______
                                 
      By Mr. GRASSLEY (for himself and Mr. Breaux):
  S. 960. A bill to amend the Older Americans Act of 1965 to establish 
pension counseling programs, and for other purposes; to the Committee 
on Health, Education, Labor, and Pensions.


             pension assistance and counseling act of 1999

 Mr. GRASSLEY. Mr. President, today I rise to introduce 
legislation to achieve one of my primary objectives as chairman of the 
Special Committee on Aging: to help workers and retirees achieve a 
secure retirement.
  As with any discussion about retirement planning, it is the norm to 
point to the ``three-legged stool'' of retirement--Social Security, 
personal savings, and a pension. Unfortunately, the legs of the stool 
may be getting warped.
  This legislation is the result of a hearing held by the Aging 
Committee in the 105th Congress. The Aging Committee confronted an 
issue that is affecting hundreds of thousands of workers and retirees--
miscalculation of their hard-earned pensions. This hearing was intended 
to raise consumer awareness about the need to be pro-active about 
policing your pension. As one of our witnesses said, ``never assume 
your pension is error-free.''
  While it is impossible to know how many pension payments and lump sum 
distributions may be miscalculated, we know the number is on the rise. 
An audit conducted last Congress by the Pension Benefit Guaranty 
Corporation--focused on plans that were voluntarily terminated--showed 
that the number of people underpaid has increased from 2.8 to 8.2 
percent. Anecdotal evidence suggests that the number of people 
receiving lump sum distributions who end up getting shortchanged could 
be 15 to 20 percent. Those numbers are very disturbing. The practical 
impact is that retirees, and young and old workers alike, are losing 
dollars that they have earned.
  Workers and retirees need to be aware that they are at risk. They can 
help themselves by knowing how their benefits are calculated, that they 
should keep all the documents their employer gives them, and to start 
asking questions at a young age--don't wait until the eve of 
retirement.
  Unfortunately, policing your pension is not easy. Employers are 
trying to do a good job but they are confronted with one of the most 
complex regulatory schemes in the Federal Government. Pensions operate 
in a complex universe of laws, rules, and regulations. Over the last 20 
years, 16 laws have been enacted that require employers to amend their 
pension plans and then notify their workers of changes. It is not a 
simple task. If employers have problems trying to comply with Federal 
requirements, it is understandable that workers and retirees are having 
trouble getting a grasp on how their pension works.
  Trying to educate yourself about pensions implies that someone is out 
there providing information to those who need it. That is where the 
legislation that I am introducing today comes in. People who are 
concerned about their pensions--whether it's an unintentional mistake 
or outright fraud--often don't have anywhere to go for expert advice.
  Fortunately, there is an answer. Already authorized by the Older 
Americans Act, seven pension counseling projects have assisted 
thousands of people around this country with their pension problems. 
These projects provide information and counseling to retirees, and 
young and old workers in a very cost-effective manner.
  Each project received $75,000 of Federal assistance over a 17-month 
period. As is normal for other programs under the Older Americans Act, 
these dollars were supplemented by money raised from private sources. 
During their operation, the projects recovered nearly $2 million in 
pension benefits and payments. That is a return of $4 for every $1 
spent.
  My legislation contains three key provisions: first, it updates the 
Older Americans Act to encourage the creation of more pension 
counseling projects. While 10 projects in 15 states currently exist, 
they are not enough to reach the 80 million people who are covered by 
pensions in this country. Hopefully, more counseling projects can be 
established to provide more regionally comprehensive assistance.
  Second, the legislation would create an 800 number that people could 
call for one-stop advice on where to get assistance. Jurisdiction over 
pension issues is spread across three government agencies--none of 
which are focused on helping individuals with individual problems--
especially if the problem does not seem to be a clear fiduciary breach 
or indicate that there may be criminal wrongdoing. An 800 number 
linking people to assistance will help close that gap.
  Finally, the legislation would transfer authority for the 
demonstration projects to Title VII of the Older Americans Act in order 
to make them permanent in nature. They provide a much needed service to 
workers and retirees. These demonstration projects have existed since 
1992 and have proven to be very successful. However, they have outgrown 
their pilot-project beginnings and should become a permanent fixture.
  I want to thank Senator Breaux for his support of this legislation. 
Furthermore, I encourage all of my colleagues to support these projects 
and show their support by co-sponsoring this legislation.
                                 ______
                                 
      By Mr. BURNS (for himself, Mr. Craig, Mr. Baucus, Mr. Daschle, 
        Mr. Kerrey, and Mr. Johnson):
  S. 961. A bill to amend the Consolidated Farm and Rural Development 
Act to improve shared appreciation arrangements; to the Committee on 
Agriculture, Nutrition, and Forestry.


         consolidated farm and rural development act amendments

  Mr. BURNS. Mr. President, shared appreciation agreements have the 
potential to cause hundreds of farm foreclosures across the nation, and 
especially in my home state of Montana. Ten years ago, a large number 
of farmers signed these agreements. At that time they were under the 
impression that they would be required to pay these back at the end of 
ten years, at a reasonable rate of redemption.
  However, that has not proved to be the case. The appraisals being 
conducted by the Farm Service Agency are showing increased values of 
ridiculous proportions. By all standards, one would expect the value to 
have decreased. Farm prices are the lowest they have been in years, and 
there does not seem to be a quick recovery forthcoming. Farmers cannot 
possibly be expected to pay back a value twice the amount they 
originally wrote down. Especially in light of the current market 
situation, I believe something must be done about the way these 
appraisals are conducted.
  I am aware of one case in which the amount of the shared appreciation 
agreement was estimated at $167,500. The increased value was estimated 
at $335,000! When agricultural prices are at nearly an all-time low, 
farmers can barely keep up with their current payment schedules. They 
certainly cannot pay twice what they already owe.
  USDA is attempting to fix the problem with proposed rules and 
regulations but farmers need help with these agreements now. I cannot 
stand idly by and wait for bureaucratic regulations to go through the 
``process'' while

[[Page 8470]]

farmers and ranchers are forced out of business.
  The USDA has issued an emergency rule which will allow people who are 
unable to pay their shared appreciation agreement on time, to extend 
their current loan for up to three years. The interest rate on this 
extension will be at the government's cost of borrowing. Also, the USDA 
is allowing farmers to take out an additional loan at an interest rate 
of 9.25% to pay off the amount owed on the shared appreciation 
agreement.
  There is also consideration being given to decreasing the number of 
years on shared appreciation agreements from ten to five. I appreciate 
the efforts by the USDA to alleviate the financial burden these shared 
appreciation agreements impose upon farmers, and hope that farmers are 
able to take advantage of them.
  However, as I have stated, time is of the essence. Another proposed 
regulation, which will require a public comment period of 60 days, will 
exclude capital investments from the increase in appreciation. However, 
this proposal has not yet been published and is not expected to be for 
at least another month. After that, the comment period will further 
drag out the process and in the meantime more farmers will be forced 
into foreclosure.
  To ensure this regulation on excluding capital investments from the 
increase in value is carried out, I intend to make it mandatory by 
legislation. Farmers should not be penalized for attempting to better 
their operations. Nor can they be expected to delay capital 
improvements so that they will not be penalized.
  Additionally, my legislation will require the appraisal to be 
conducted by a certified appraiser from the state where the land is 
located. This will prevent out-of-state appraisal businesses from 
conducting appraisals in land areas they know nothing about. How can an 
appraisal company in Arizona be expected to do an accurate appraisal on 
land in Montana? It is not fair to the producers on that land to have 
their appraisal conducted by outside interests.
  I look forward to working with members in other states to alleviate 
the financial burdens imposed by shared appreciation agreements. I hope 
that we may move this through the legislative process quickly to 
provide help as soon as possible to our farmers.
  I ask unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 961

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

     SECTION 1. SHARED APPRECIATION ARRANGEMENTS.

       (a) In General.--Section 353(e) of the Consolidated Farm 
     and Rural Development Act (7 U.S.C. 2001(e)) is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) Terms.--A shared appreciation agreement entered into 
     by a borrower under this subsection shall--
       ``(A) have a term not to exceed 10 years;
       ``(B) provide for recapture based on the difference 
     between--
       ``(i) the appraised value of the real security property at 
     the time of restructuring; and
       ``(ii) that value at the time of recapture, except that 
     that value shall not include the value of any capital 
     improvements made to the real security property by the 
     borrower; and
       ``(C) be based on appraisals that are conducted by persons 
     with a principal place of business that is located in the 
     State containing the real property.''.
       (b) Application.--The amendment made by subsection (a) 
     shall apply to a shared appreciation arrangement entered into 
     under section 353(e) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 2001(e)) that is in effect on or 
     after the date of enactment of this Act.
                                 ______
                                 
      By Mr. LEAHY (for himself and Mr. Dodd):
  S. 962. A bill to allow a deduction from gross income for year 2000 
computer conversion costs of small businesses; to the Committee on 
Finance.


             THE SMALL BUSINESS Y2K COMPLIANCE ACT OF 1999

  Mr. LEAHY. Mr. President, I rise today to introduce the Small 
Business Y2K Compliance Act of 1999. I am pleased to be joined by 
Senator Dodd, the ranking member of the Senate Special Committee on the 
Year 2000 Technology Problem, as an original cosponsor of this measure.
  Our legislation would offer small businesses a tax deduction of up to 
$40,000 towards the expenses of purchasing and installing Year 2000 
compliant computer hardware and software in 1999. In addition, our bill 
would reward those small businesses that have acted responsibly by 
allowing an accelerated depreciation of up to $40,000 for the purchase 
and installation of Year 2000 compliant computer hardware and software 
made in 1997 and 1998. These tax incentives have been endorsed by 
thousands of small business owners at last year's White House 
Conference on Small Business, the American Small Business Alliance and 
the Small Business Administration.
  Unfortunately, not all small businesses are doing enough to address 
the year 2000 issue because of a lack of resources in many cases. They 
face Y2K problems both directly and indirectly through their suppliers, 
customers and financial institutions. As recently as last October a 
representative of the National Federation of Independent Businesses 
testified: ``A fifth of them do not understand that there is a Y2K 
problem. . . . They are not aware of it. A fifth of them are currently 
taking action. A fifth have not taken action but plan to take action, 
and two-fifths are aware of the problem but do not plan to take any 
action prior to the year 2000.''
  Indeed, the Small Business Administration recently warned that 
330,000 small businesses are at risk of closing down as a result of Y2K 
problems, and another 370,000 could be temporarily or permanently 
hobbled.
  Federal and State government agencies have entire departments working 
on this problem. Utilities, financial institutions, telecommunications 
companies, and other large companies have information technology 
divisions working to make corrections to keep their systems running. 
They have armies of workers--but small businesses do not.
  Small businesses are the backbone of our economy, from the city 
corner market to the family farm to the small-town doctor. In my home 
State of Vermont, 98 percent of the businesses are small businesses 
with limited resources. That is why it is so important to provide small 
businesses with the resources to correct their Y2K problems now.
  A few months ago, I hosted a Y2K conference in Vermont to help small 
businesses prepare for 2000. Hundreds of small business owners from 
across Vermont attended the conference to learn how to minimize or 
eliminate their Y2K computer problems. Vermonters are working hard to 
identify their Y2K vulnerabilities and prepare action plans to resolve 
them. They should be encouraged and assisted in these important 
efforts.
  This is the right approach. We have to fix as many of these problems 
ahead of time as we can. Ultimately, the best business policy and the 
best defense against any Y2K-based lawsuits is to be Y2K compliant.
  That is why it is so important to provide small businesses with the 
resources to correct their Y2K problems now. Our legislation would 
provide targeted tax incentives to encourage small businesses round the 
country in their Y2K remediation efforts. Our bill encourages Y2K 
compliance now to avoid computer problems next year.
  Moreover, the tax incentives in our legislation would have a 
negligible revenue cost. Indeed, the Joint Committee on Taxation has 
estimated that companion legislation introduced in the House of 
Representatives by Representative Karen Thurman, H.R. 179, would reduce 
revenue by $171 million from 1990-2003, but would increase revenues by 
the same $171 million from 2004-2008. Thus, this bill is fiscally 
prudent as well.
  I urge my colleagues to cosponsor and support the ``Small Business 
Y2K Compliance Act of 1999.''
  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:

[[Page 8471]]



                                 S. 962

       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 ``Small Business Y2K 
     Compliance Act of 1999''.

     SEC. 2. DEDUCTION FOR COSTS OF MAKING COMPUTERS AND COMPUTER 
                   SOFTWARE YEAR 2000 COMPLIANT.

       (a) In General.--
       (1) Property placed in service in 1999.--A taxpayer may 
     elect to treat the cost of a business Y2K asset placed in 
     service during the taxpayer's first taxable year beginning in 
     1999 as an expense which is not chargeable to capital 
     account. The cost so treated shall be allowed as a deduction 
     from gross income for purposes of the Internal Revenue Code 
     of 1986.
       (2) Property placed in service in 1997 or 1998.--A taxpayer 
     may elect to deduct from gross income an amount equal to the 
     unrecovered basis of a business Y2K asset placed in service 
     during the 2 taxable years preceding the first taxable year 
     beginning in 1999 and which is otherwise subject to 
     depreciation under such Code.
       (b) Limitations.--
       (1) In general.--The aggregate amount allowed as a 
     deduction under subsection (a) shall not exceed $40,000.
       (2) Application of business limitations of section 179.--
     Rules similar to the rules of paragraphs (2), (3), and (4) of 
     section 179(b) of such Code shall apply for purposes of this 
     section. For purposes of the preceding sentence, the cost of 
     property to which the limitation in paragraph (2) of such 
     section 179(b) applies shall be the sum of--
       (A) the amounts elected under subsection (a)(1) with 
     respect to property placed in service during the taxpayer's 
     first taxable year beginning in 1999, and
       (B) the amounts elected under subsection (a)(2) with 
     respect to the unrecovered basis of business Y2K assets 
     placed in service during the 2 taxable years preceding the 
     first taxable year beginning in 1999.
       (c) Definitions.--For purposes of this section--
       (1) Business y2k asset.--The term ``business Y2K asset'' 
     means an asset acquired by purchase for use in the active 
     conduct of a trade or business which is--
       (A) any computer acquired to replace a computer where such 
     replacement is necessary because of the year 2000 computer 
     conversion problem, and
       (B) any of the following items which are of a character 
     subject to the allowance for depreciation under such Code:
       (i) the modification of computer software to address the 
     year 2000 computer conversion problem, and
       (ii) computer software which is year 2000 compliant 
     acquired to replace computer software which is not so 
     compliant.
       (2) Computer.--The term ``computer'' means a computer or 
     peripheral equipment (as defined by section 168(i)(2)(B)) of 
     such Code.
       (3) Computer software.--The term ``computer software'' has 
     the meaning given to such term by section 167(f) of such 
     Code.
       (4) Unrecovered basis.--The term ``unrecovered basis'' 
     means the adjusted basis of the business Y2K asset determined 
     as of the close of the last taxable year beginning before 
     January 1, 1999.
       (d) Special Rules.--
       (1) In general.--Rules similar to the rules of subsections 
     (c) and (d) (other than paragraph (1) thereof) of section 179 
     of such Code shall apply for purposes of this section.
       (2) Treatment as deduction under section 179.--For purposes 
     of the Internal Revenue Code of 1986, the deduction allowed 
     under this section shall be treated in the same manner as a 
     deduction allowed under section 179 of such Code.
       (3) Ordering rule.--For purposes of section 179 of such 
     Code, subsection (b)(3)(C) of such section shall be applied 
     without regard to the deduction allowed under this section.
                                 ______
                                 
      By Mr. GREGG:
  S. 963, A bill to amend the Internal Revenue Code of 1986 to preserve 
family-held forest lands, and for other purposes; to the Committee on 
Finance.


            family forest land preservation tax act of 1999

  Mr. GREGG. Mr. President, I rise today to introduce the Family 
Forestland Preservation Tax Act of 1999. This bill amends several key 
tax provisions to help landowners keep their lands in long-term private 
forest ownership and management. Without these changes, many landowners 
will continue to be forced to sell or change the use of their land.
  This bill derives from four years of work by the Northern Forest 
Lands Council (NFLC). The NFLC was created in 1990 to seek ways for 
Maine, New Hampshire, Vermont, and New York to maintain the 
``traditional patterns of land ownership and use'' in the forest that 
covers this nation's Northeast. The Northern Forest is a 26-million-
acre stretch of land, home to one million residents and within a two-
hour drive of 70 million people. Nearly 85% of the Forest is privately 
owned. Times have changed, however, and social and economic forces have 
begun to affect the traditional patterns of land use with more and more 
land being marketed for development.
  This bill will help maintain traditional patterns and, thus, preserve 
the forest by adjusting several estate tax provisions. This bill would 
allow heirs to make postmortem donations of conservation easements on 
undeveloped estate land and allow the valuation of undeveloped land at 
current use value for estate tax purposes if the owner or heir agrees 
to maintain the land in its current use for a period of twenty-five 
years. This bill also would establish a partial inflation adjustment 
for timber sales by allowing a tax credit not to exceed 50%. This will 
encourage landowners to maintain their timberland for long-term 
stewardship, which is both economically and environmentally desirable. 
Also, the bill would eliminate the requirement that landowners 
generally must work 100-hours-per-year in forest management on their 
forest properties to be allowed to deduct normal management expenses 
from timber activities against nonpassive income. Currently, landowners 
are required to capitalize these losses until timber is harvested. This 
legislation, though prompted by the NFLC's work, will benefit not only 
the four states that make up the Northern Forest, but also all states 
with forestland and all who enjoy the multiple uses of forestland. I 
urge my colleagues to support this bill, which will not only protect 
the historic current use patterns, but also allow the rustic beauty of 
our forests to be enjoyed by all.
  I ask unanimous consent that a copy 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. 963

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

     SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.

       (a) Short Title.--This Act may be cited as the ``Family 
     Forest Land Preservation Tax Act of 1999''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.

                     TITLE I--ESTATE TAX PROVISIONS

     SEC. 101. EXCLUSION FOR LAND SUBJECT TO A QUALIFIED 
                   CONSERVATION EASEMENT.

       (a) In General.--Section 2031(c) (relating to estate tax 
     with respect to land subject to a qualified conservation 
     easement) is amended to read as follows:
       ``(c) Estate Tax With Respect to Land Subject to a 
     Qualified Conservation Easement.--
       ``(1) In general.--If the executor makes the election 
     described in paragraph (4), then, except as otherwise 
     provided in this subsection, there shall be excluded from the 
     gross estate the value of land subject to a qualified 
     conservation easement, reduced by the amount of any deduction 
     under section 2055(f) with respect to such land.
       ``(2) Treatment of certain indebtedness.--
       ``(A) In general.--The exclusion provided under paragraph 
     (1) shall not apply to the extent that the land is debt-
     financed property.
       ``(B) Definitions.--For purposes of this paragraph--
       ``(i) Debt-financed property.--The term `debt-financed 
     property' means any property with respect to which there is 
     acquisition indebtedness (as defined in clause (ii)) on the 
     date of the decedent's death.
       ``(ii) Acquisition indebtedness.--The term `acquisition 
     indebtedness' means, with respect to any property, the unpaid 
     amount of--

       ``(I) any indebtedness incurred by the donor in acquiring 
     such property,
       ``(II) any indebtedness incurred before the acquisition of 
     such property if such indebtedness would not have been 
     incurred but for such acquisition,
       ``(III) any indebtedness incurred after the acquisition of 
     such property if such indebtedness would not have been 
     incurred but for such acquisition and the incurrence of such 
     indebtedness was reasonably foreseeable at the time of such 
     acquisition, and
       ``(IV) any indebtedness which constitutes an extension, 
     renewal, or refinancing of other indebtedness described in 
     this clause.

       ``(3) Treatment of retained development right.--

[[Page 8472]]

       ``(A) In general.--Paragraph (1) shall not apply to the 
     value of any development right retained by the donor in the 
     conveyance of a qualified conservation easement.
       ``(B) Termination of retained development right.--If every 
     person in being who has an interest (whether or not in 
     possession) in the land executes an agreement to extinguish 
     permanently some or all of any development rights retained by 
     the donor on or before the date for filing the return of the 
     tax imposed by section 2001, then any tax imposed by section 
     2001 shall be reduced accordingly. Such agreement shall be 
     filed with the return of the tax imposed by section 2001. The 
     agreement shall be in such form as the Secretary shall 
     prescribe.
       ``(C) Additional tax.--Any failure to implement the 
     agreement described in subparagraph (B) not later than the 
     earlier of--
       ``(i) the date which is 2 years after the date of the 
     decedent's death, or
       ``(ii) the date of the sale of such land subject to the 
     qualified conservation easement,

     shall result in the imposition of an additional tax in the 
     amount of the tax which would have been due on the retained 
     development rights subject to such agreement. Such additional 
     tax shall be due and payable on the last day of the 6th month 
     following such earlier date.
       ``(D) Development right defined.--For purposes of this 
     paragraph, the term `development right' means any right to 
     use the land subject to the qualified conservation easement 
     in which such right is retained for any commercial purpose 
     which is not subordinate to and directly supportive of the 
     use of such land as a farm for farming purposes (within the 
     meaning of section 2032A(e)(5)).
       ``(4) Election.--The election under this subsection shall 
     be made on or before the due date (including extensions) for 
     filing the return of tax imposed by section 2001 and shall be 
     made on such return.
       ``(5) Calculation of estate tax due.--An executor making 
     the election described in paragraph (4) shall, for purposes 
     of calculating the amount of tax imposed by section 2001, 
     include the value of any development right (as defined in 
     paragraph (3)) retained by the donor in the conveyance of 
     such qualified conservation easement. The computation of tax 
     on any retained development right prescribed in this 
     paragraph shall be done in such manner and on such forms as 
     the Secretary shall prescribe.
       ``(6) Definitions.--For purposes of this subsection--
       ``(A) Land subject to a qualified conservation easement.--
     The term `land subject to a qualified conservation easement' 
     means land--
       ``(i) which was owned by the decedent or a member of the 
     decedent's family at all times during the 3-year period 
     ending on the date of the decedent's death, and
       ``(ii) with respect to which a qualified conservation 
     easement has been made by an individual described in 
     subparagraph (C) as of the date of the election described in 
     paragraph (4).
       ``(B) Qualified conservation easement.--The term `qualified 
     conservation easement' means a qualified conservation 
     contribution (as defined in section 170(h)(1)) of a qualified 
     real property interest (as defined in section 170(h)(2)(C)), 
     except that clause (iv) of section 170(h)(4)(A) shall not 
     apply.
       ``(C) Individual described.--An individual is described in 
     this subparagraph if such individual is--
       ``(i) the decedent,
       ``(ii) a member of the decedent's family,
       ``(iii) the executor of the decedent's estate, or
       ``(iv) the trustee of a trust the corpus of which includes 
     the land to be subject to the qualified conservation 
     easement.
       ``(D) Member of the decedent's family.--The term `member of 
     the decedent's family' means any member of the family (as 
     defined in section 2032A(e)(2)) of the decedent.
       ``(7) Treatment of easements granted after death.--In any 
     case in which the qualified conservation easement is granted 
     after the date of the decedent's death and on or before the 
     due date (including extensions) for filing the return of tax 
     imposed by section 2001, the deduction under section 2055(f) 
     with respect to such easement shall be allowed to the estate 
     but only if no charitable deduction is allowed under chapter 
     1 to any person with respect to the grant of such easement.
       ``(8) Application of this section to interests in 
     partnerships, corporations, and trusts.--This subsection 
     shall apply to an interest in a partnership, corporation, or 
     trust if at least 30 percent of the entity is owned (directly 
     or indirectly) by the decedent, as determined under the rules 
     described in section 2057(e)(3).''
       (b) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying after December 31, 
     1999.

     SEC. 102. INCREASE IN SPECIAL ESTATE TAX VALUATION; SPECIAL 
                   RULES FOR FOREST LANDS.

       (a) Increase In Limit.--
       (1) In general.--Paragraphs (2) and (3) of section 2032A(a) 
     (relating to value based on use under which property 
     qualifies) are each amended by striking ``$750,000'' each 
     place it appears and inserting ``$1,000,000''.
       (2) Inflation adjustment.--Section 2032A(a)(3) is amended--
       (A) by striking ``1998'' and inserting ``2000'', and
       (B) by striking ``calendar year 1997'' and inserting 
     ``calendar year 1999''.
       (b) Forest Land Treated as Qualified Real Property.--
     Section 2032A(b) (defining qualified real property) is 
     amended by adding at the end the following new paragraph:
       ``(6) Special rule for qualified woodlands.--In the case of 
     qualified woodland, paragraph (1) shall be applied without 
     regard to subparagraph (A) or (C)(ii) thereof.''
       (c) Definitions and Failures To Use for Qualified Use.--
     Section 2032A(c) (relating to tax treatment of definitions 
     and failures to use for qualified use) is amended by adding 
     at the end the following new paragraph:
       ``(9) Special rules for qualified woodland.--In the case of 
     qualified woodland--
       ``(A) this subsection shall be applied by substituting `25 
     years' for `10 years' in paragraph (1) and by substituting 
     `25-year period' for `10-year period' in paragraph (7)(A)(ii) 
     and subsection (h)(2)(A),
       ``(B) the qualified heir shall not be treated as disposing 
     of the property or ceasing to use the property for a 
     qualified use if--
       ``(i) the qualified heir transfers the property to another 
     person, and
       ``(ii) such other person (or their qualified heir) agrees 
     to continue to use the property for a qualified use and files 
     an agreement described in subsection (d)(2) with respect to 
     the property,
       ``(C) the qualified heir shall be treated as ceasing to use 
     the property for a qualified use if any depreciable 
     improvements are made to the property (other than 
     improvements required for the qualified use), and
       ``(D) a qualified heir or transferee described in 
     subparagraph (B) shall not be treated as disposing of timber 
     if the disposal is done in accordance with any program 
     described in subsection (e)(13)(E).''
       (d) Qualified Woodland.--Section 2032A(e)(13) is amended by 
     adding at the end the following new subparagraph:
       ``(E) Other requirements.--Real property shall not be 
     treated as qualified woodland unless such property--
       ``(i) qualifies for a differential use value assessment 
     program for forest land in the State in which the property is 
     located, or
       ``(ii) if a State has no differential use value assessment 
     program--

       ``(I) is forest land,

       ``(II) is a minimum of 10 acres, exclusive of a dwelling 
     unit or other non-forest related structure and its curtilage, 
     and
       ``(III) is subject to a forest management plan.''

       (e) Valuation.--
       (1) In general.--Section 2032A(e) is amended by adding at 
     the end the following new paragraph:
       ``(15) Special rules for valuing forest land.--The value of 
     forest land shall be determined according to whichever of the 
     following methods results in the least value:
       ``(A) Assessed land values in a State which provides a 
     differential or use value assessment for forest land.
       ``(B) Comparable sales of other forest land which is in the 
     same geographical area and which is far enough removed from a 
     metropolitan or resort area so that nonforest use is not a 
     significant factor in the sales price.
       ``(C) The capitalization of income which the property can 
     be expected to yield for timber operations over a reasonable 
     period of time under prudent management, determined by using 
     traditional forest management for the area, and taking into 
     account soil capacity, terrain configuration, and similar 
     factors.
       ``(D) Any other factor which fairly values the timber value 
     of the property.''
       (2) Conforming amendment.--Section 2032A(e)(8) is amended 
     by striking ``paragraph (7)(A)'' and inserting ``paragraph 
     (7)(A) or (15)''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying after December 31, 
     1999.

                     TITLE II--INCOME TAX TREATMENT

     SEC. 201. PARTIAL INFLATION ADJUSTMENT FOR TIMBER.

       (a) In General.--Part I of subchapter P of chapter 1 
     (relating to treatment of capital gains) is amended by adding 
     at the end the following new section:

     ``SEC. 1203. PARTIAL INFLATION ADJUSTMENT FOR TIMBER.

       ``(a) In General.--At the election of any taxpayer who has 
     qualified timber gain for any taxable year, there shall be 
     allowed as a deduction from gross income an amount equal to 
     the applicable percentage of such gain.
       ``(b) Qualified Timber Gain.--For purposes of this section, 
     the term `qualified timber gain' means the lesser of--
       ``(1) the net capital gain for the taxable year, or
       ``(2) the net capital gain for the taxable year determined 
     by taking into account only gains and losses from the sale or 
     exchange of--
       ``(A) any standing timber (or the right to sever any 
     standing timber), or
       ``(B) any qualified woodland (as defined in section 
     2032A(e)(13)(B)) or any interest therein.

     Such term shall not include any gain excludable from gross 
     income under section 139.

[[Page 8473]]

       ``(c) Applicable Percentage.--For purposes of this section, 
     the term `applicable percentage' means the percentage (not 
     exceeding 50 percent) determined by multiplying--
       ``(1) 3 percent, by
       ``(2) the number of years in the holding period of the 
     taxpayer with respect to the timber.
       ``(d) Estates and Trusts.--In the case of an estate or 
     trust, the deduction under subsection (a) shall be computed 
     by excluding the portion (if any) of the gains for the 
     taxable year from sales or exchanges of capital assets which, 
     under sections 652 and 662 (relating to inclusions of amounts 
     in gross income of beneficiaries of trusts), is includible by 
     the income beneficiaries as gain derived from the sale or 
     exchange of capital assets.''
       (b) Coordination With Existing Limitations.--
       (1) Subsection (h) of section 1 (relating to maximum 
     capital gains rate) is amended by adding at the end the 
     following new paragraph:
       ``(14) Qualified timber gain.--For purposes of this 
     subsection, net capital gain shall be determined without 
     regard to qualified timber gain with respect to which an 
     election is made under section 1203.''
       (2) Subsection (a) of section 1201 (relating to alternative 
     tax for corporations) is amended by adding at the end the 
     following flush sentence:
     ``For purposes of this section, net capital gain shall be 
     determined without regard to qualified timber gain with 
     respect to which an election is made under section 1203.''
       (c) Allowance of Deduction in Computing Adjusted Gross 
     Income.--Subsection (a) of section 62 (relating to definition 
     of adjusted gross income) is amended by inserting after 
     paragraph (17) the following new paragraph:
       ``(18) Partial inflation adjustment for timber.--The 
     deduction allowed by section 1203.''
       (d) Clerical Amendment.--The table of sections for part I 
     of subchapter P of chapter 1 is amended by adding at the end 
     the following new item:

``Sec. 1203. Partial inflation adjustment for timber.''

       (e) Effective Date.--The amendments made by this section 
     shall apply to sales or exchanges after December 31, 1999.

     SEC. 202. EXCLUSION OF GAIN FROM SALES OF INTERESTS IN FOREST 
                   LAND FOR CONSERVATION PURPOSES.

       (a) In General.--Part III of subchapter B of chapter 1 
     (relating to items specifically excluded from gross income) 
     is amended by redesignating section 139 as section 140 and by 
     inserting after section 138 the following new section:

     ``SEC. 139. SALES OF INTERESTS IN CERTAIN FOREST LAND FOR 
                   CONSERVATION PURPOSES.

       ``(a) Exclusion.--
       ``(1) In general.--Gross income shall not include the 
     applicable percentage of any gain from a qualified timber 
     sale.
       ``(2) Applicable percentage.--For purposes of paragraph 
     (1), the term `applicable percentage' means--
       ``(A) 35 percent, or
       ``(B) in the case of a qualified timber sale of a qualified 
     real property interest described in section 170(h)(2)(C), 100 
     percent.
       ``(b) Limitation.--
       ``(1) In general.--The total amount of gain which may be 
     excluded from gross income under subsection (a) for any 
     taxable year shall not exceed the sum of--
       ``(A) the amount of gain from a qualified timber sale 
     described in subsection (a)(2)(B), plus
       ``(B) $800,000 ($400,000 in the case of a married 
     individual filing a separate return).
       ``(2) Aggregation rule.--For purposes of paragraph (1)(B), 
     all persons treated as a single employer under subsection (a) 
     or (b) of section 52 shall be treated as one taxpayer.
       ``(c) Qualified Timber Sale.--For purposes of this 
     section--
       ``(1) In general.--The term `qualified timber sale' means 
     the sale or exchange of a qualified real property interest in 
     real property which is used in timber operations to a 
     governmental unit described in section 170(c)(1) for 
     conservation purposes.
       ``(2) Special rule for sales to nongovernmental entities.--
       ``(A) In general.--The term `qualified timber sale' shall 
     include a sale or exchange to a qualified organization 
     described in section 170(h)(3) if such interest is 
     transferred to a governmental unit described in section 
     170(c)(1) during the 2-year period beginning on the date of 
     the sale or exchange.
       ``(B) Time for exclusion.--If the transfer to which 
     paragraph (1) applies occurs in a taxable year after the 
     taxable year in which the sale or exchange occurred--
       ``(i) no exclusion shall be allowed under subsection (a) 
     for the taxable year of the sale or exchange, but
       ``(ii) the taxpayer's tax for the taxable year of the 
     transfer shall be reduced by the amount of the reduction in 
     the taxpayer's tax for the taxable year of the sale or 
     exchange which would have occurred if subparagraph (A) had 
     not applied.
       ``(d) Other Definitions.--For purposes of this section--
       ``(1) Qualified real property interest.--The term 
     `qualified real property interest' has the meaning given such 
     term by section 170(h)(2).
       ``(2) Timber operations.--The term `timber operations' has 
     the meaning given such term by section 2032A(e)(13)(C).
       ``(3) Conservation purposes.--The term `conservation 
     purposes' has the meaning given such term by section 
     170(h)(4)(A) (without regard to clause (iv) thereof).''
       (b) Clerical Amendment.--The table of sections for part III 
     of subchapter B of chapter 1 is amended by striking the item 
     relating to section 139 and inserting the following new 
     items:

``Sec. 139. Sales of interests in certain forest land for conservation 
              purposes.
``Sec. 140. Cross references to other Acts.''

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1999.

     SEC. 203. APPLICATION OF PASSIVE LOSS LIMITATIONS TO TIMBER 
                   ACTIVITIES.

       (a) In General.--Treasury regulations sections 1.469-
     5T(b)(2) (ii) and (iii) shall not apply to any closely held 
     timber activity if the nature of such activity is such that 
     the aggregate hours devoted to management of the activity for 
     any year is generally less than 100 hours.
       (b) Definitions.--For purposes of subsection (a)--
       (1) Closely held activity.--An activity shall be treated as 
     closely held if at least 80 percent of the ownership 
     interests in the activity is held--
       (A) by 5 or fewer individuals, or
       (B) by individuals who are members of the same family 
     (within the meaning of section 2032A(e)(2) of the Internal 
     Revenue Code of 1986).

     An interest in a limited partnership shall in no event be 
     treated as a closely held activity for purposes of this 
     section.
       (2) Timber activity.--The term ``timber activity'' means 
     the planting, cultivating, caring, cutting, or preparation 
     (other than milling) for market, of trees.
       (c) Effective Date.--This section shall apply to taxable 
     years beginning after December 31, 1999.
                                 ______
                                 
      By Mr. DASCHLE:
  S. 964. A bill to provide for equitable compensation for the Cheyenne 
River Sioux Tribe, and for other purposes; to the Committee on Indian 
Affairs.


  CHEYENNE RIVER SIOUX TRIBE INFRASTRUCTURE DEVELOPMENT TRUST FUND ACT

  Mr. DASCHLE. Mr. President, today I am introducing legislation to 
compensate the Cheyenne River Sioux Tribe for losses the tribe suffered 
when the Oahe dam was constructed in central South Dakota and over 
100,000 acres of tribal land was flooded. Its passage will help the 
tribe rebuild their infrastructure and their economy, which was 
seriously crippled by the Oahe project during the 1950s. It is 
extraordinary that it has taken four decades to reach this point. The 
importance of passing this long-overdue legislation as soon as possible 
cannot be stated too strongly.
  This legislation was developed with the assistance of Chairman Gregg 
Bourland and Council Member Louis Dubray of the Cheyenne River Sioux 
Tribe. Both men have worked tirelessly to bring us to this point and I 
am grateful for their assistance. This legislation represents one 
element of their progressive vision for providing the members of the 
Cheyenne River Sioux Tribe with greater opportunities for economic 
development and to fulfill the debts owned to the tribe by the federal 
government.
  The Cheyenne River Sioux Tribe Equitable Compensation Act is the 
companion bill to the Lower Brule Sioux Tribe Infrastructure 
Development Trust Fund Act, which passed by unanimous consent in 
November of 1997, and the Crow Creek Sioux Tribe Infrastructure 
Development Trust Fund Act of 1996, which passed the Congress 
unanimously in 1996.
  The bill is based on an extensive analysis of the imp[act of the 
Pick-Sloan Dam Projects on the Cheyenne River Sioux Tribe which was 
performed by the Robert McLaughlin Company. The McLaughlin report was 
reviewed by the General Accounting Office, which found that the losses 
suffered by the tribe justify the establishment of a $290 million trust 
fund, which is the amount called for in this legislation.
  It represents an important step in our continuing effort to fairly 
compensate the tribes of South Dakota for the sacrifices they made 
decades ago for the construction of the dams along the Missouri River 
and will further the goal of improving the lives of Native

[[Page 8474]]

Americans living on those reservations.
  To fully appreciate the need for this legislation, it is important 
for the committee to understand the historic events that are prologue 
to its development. The Oahe dam was constructed in South Dakota 
pursuant to the Flood Control Act (58 Stat. 887) of 1944. That 
legislation authorized implementation of the Missouri River Basin Pick-
Sloan Plan for water development and flood control for downstream 
states.
  The Oahe dam flooded 104,000 acres of tribal land, forcing the 
relocation of roughly 30 percent of the tribe's population, including 
four entire communities. Equally as important, the tribe lost 80 
percent of its fertile river bottom lands--lands that represented the 
basis for the tribal economy. Prior to the flooding, the tribe relied 
on these lands for firewood and building material, game wild fruits and 
berries, as well as cover from the severe storms that characterize 
winters in South Dakota and shelter from the heat of the prairie 
summer. Indian ranchers no longer had places to shelter their cattle in 
the wintertime, causing a significant loss in the value of their 
operations.
  The loss of these important river bottom lands can be felt today. 
During the extreme winter of 1996-1997, the tribe lost roughly 30,000 
head of livestock, including 25,000 head of cattle. Without adequate 
natural shelter, the remaining Indian ranchers along this stretch of 
river can expect to continue to have difficulty scratching out a living 
in future years when the winter turns particularly hard.
  Mr. President, the damage caused by the Pick-Sloan projects touched 
every aspect of life on the Cheyenne River reservation. Ninety percent 
of the timber on the reservation was wiped out, causing shortages of 
building material and firewood. Wildlife, once abundant in the river 
bottom, became more scarce. The entire lifestyle of the tribe changed 
as it was forced to relocate much of its people from the lush river 
bottom lands to the windswept prairie.
  Most Americans, if not all, are familiar with the many broken 
promises of the United States Government to Native Americans during the 
1800's. For Indian tribes located along the Missouri River in the state 
of South Dakota, the United States Government still has not met its 
responsibilities for compensation for losses suffered as a result of 
the construction of the Pick-Sloan dams. This proposed legislation is 
intended to correct that situation as it applies to the Cheyenne River 
Sioux Tribe.
  We cannot, of course, remake the lost lands and return the tribe to 
its former existence. We can, however, help provide the resources 
necessary to the tribe to improve the infrastructure on the Cheyenne 
River reservation. This, in turn, will enhance opportunities for 
economic development which will benefit all members of the tribe. 
Perhaps most importantly, it will fulfill part of our commitment to 
improve the lives of Native Americans--in this case the Cheyenne River 
Sioux.
  I strongly urge my colleagues to approve this legislation this year. 
Providing compensation to the Cheyenne River Sioux Tribe for past harm 
inflicted by the federal government is long-overdue and any further 
delay only compounds that harm. I ask unanimous consent that the bill 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 964

       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 ``Cheyenne River Sioux Tribe 
     Equitable Compensation Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) by enacting the Act of December 22, 1944, (58 Stat. 
     887, chapter 665; 33 U.S.C. 701-1 et seq.), commonly known as 
     the ``Flood Control Act of 1944'', Congress approved the 
     Pick-Sloan Missouri River Basin program (referred to in this 
     section as the ``Pick-Sloan program'')--
       (A) to promote the general economic development of the 
     United States;
       (B) to provide for irrigation above Sioux City, Iowa;
       (C) to protect urban and rural areas from devastating 
     floods of the Missouri River; and
       (D) for other purposes;
       (2) the Oahe Dam and Reservoir project--
       (A) is a major component of the Pick-Sloan program, and 
     contributes to the economy of the United States by generating 
     a substantial amount of hydropower and impounding a 
     substantial quantity of water;
       (B) overlies the eastern boundary of the Cheyenne River 
     Sioux Indian Reservation; and
       (C) has not only contributed little to the economy of the 
     Tribe, but has severely damaged the economy of the Tribe and 
     members of the Tribe by inundating the fertile, wooded bottom 
     lands of the Tribe along the Missouri River that constituted 
     the most productive agricultural and pastoral lands of the 
     Tribe and the homeland of the members of the Tribe;
       (3) the Secretary of the Interior appointed a Joint Tribal 
     Advisory Committee that examined the Oahe Dam and Reservoir 
     project and correctly concluded that--
       (A) the Federal Government did not justify, or fairly 
     compensate the Tribe for, the Oahe Dam and Reservoir project 
     when the Federal Government acquired 104,492 acres of land of 
     the Tribe for that project; and
       (B) the Tribe should be adequately compensated for the land 
     acquisition described in subparagraph (A);
       (4) after applying the same method of analysis as is used 
     for the compensation of similarly situated Indian tribes, the 
     Comptroller General of the United States (referred to in this 
     Act as the ``Comptroller General'') determined that the 
     appropriate amount of compensation to pay the Tribe for the 
     land acquisition described in paragraph (3)(A) would be 
     $290,722,958;
       (5) the Tribe is entitled to receive additional financial 
     compensation for the land acquisition described in paragraph 
     (3)(A) in a manner consistent with the determination of the 
     Comptroller General described in paragraph (4); and
       (6) the establishment of a trust fund to make amounts 
     available to the Tribe under this Act is consistent with the 
     principles of self-governance and self-determination.
       (b) Purposes.--The purposes of this Act are as follows:
       (1) To provide for additional financial compensation to the 
     Tribe for the acquisition by the Federal Government of 
     104,492 acres of land of the Tribe for the Oahe Dam and 
     Reservoir project in a manner consistent with the 
     determinations of the Comptroller General described in 
     subsection (a)(4).
       (2) To provide for the establishment of the Cheyenne River 
     Sioux Tribal Recovery Fund, to be managed by the Secretary of 
     the Treasury in order to make payments to the Tribe to carry 
     out projects under a plan prepared by the Tribe.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Tribe.--The term ``Tribe'' means the Cheyenne River 
     Sioux Tribe, which is comprised of the Itazipco, Siha Sapa, 
     Minniconjou, and Oohenumpa bands of the Great Sioux Nation 
     that reside on the Cheyenne Reservation, located in central 
     South Dakota.
       (2) Tribal council.--The term ``Tribal Council'' means the 
     governing body of the Tribe.

     SEC. 4. CHEYENNE RIVER SIOUX TRIBAL RECOVERY TRUST FUND.

       (a) Cheyenne River Sioux Tribal Recovery Trust Fund.--There 
     is established in the Treasury of the United States a fund to 
     be known as the ``Cheyenne River Sioux Tribal Recovery Trust 
     Fund'' (referred to in this Act as the ``Fund''). The Fund 
     shall consist of any amounts deposited into the Fund under 
     this Act.
       (b) Funding.--Out of any money in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     deposit $290,722,958 into the Fund not later than 60 days 
     after the date of enactment of this Act.
       (c) Investment of Trust Fund.--It shall be the duty of the 
     Secretary of the Treasury to invest such portion of the Fund 
     as is not, in the Secretary of Treasury's judgment, required 
     to meet current withdrawals. Such investments may be made 
     only in interest-bearing obligations of the United States or 
     in obligations guaranteed as to both principal and interest 
     by the United States. The Secretary of the Treasury shall 
     deposit interest resulting from such investments into the 
     Fund.
       (d) Payment of Interest to Tribe.--
       (1) In general.--
       (A) Withdrawal of interest.--Beginning at the end of the 
     first fiscal year in which interest is deposited into the 
     Fund, the Secretary of the Treasury shall withdraw the 
     applicable percentage amount of the aggregate amount of 
     interest deposited into the Fund for that fiscal year (as 
     determined under subparagraph (B)) and transfer that amount 
     to the Secretary of the Interior for use in accordance with 
     paragraph (2). Each amount so transferred shall be available 
     without fiscal year limitation.
       (B) Applicable percentage amounts.--The applicable 
     percentage amount referred to in subparagraph (A) shall be as 
     follows:
       (i) 10 percent for the first fiscal year for which interest 
     is deposited into the Fund.
       (ii) 20 percent for the 2d such fiscal year.

[[Page 8475]]

       (iii) 30 percent for the 3rd such fiscal year.
       (iv) 40 percent for the 4th such fiscal year.
       (v) 50 percent for the 5th such fiscal year.
       (vi) 60 percent for the 6th such fiscal year.
       (vii) 70 percent for the 7th such fiscal year.
       (viii) 80 percent for the 8th such fiscal year.
       (ix) 90 percent for the 9th such fiscal year.
       (x) 100 percent for the 10th such fiscal year, and for each 
     such fiscal year thereafter.
       (2) Payments to tribe.--
       (A) In general.--The Secretary of the Interior shall use 
     the amounts transferred under paragraph (1) only for the 
     purpose of making payments to the Tribe, as such payments are 
     requested by the Tribe pursuant to tribal resolution.
       (B) Limitation.--Payments may be made by the Secretary of 
     the Interior under subparagraph (A) only after the Tribe has 
     adopted a plan under subsection (f).
       (C) Use of payments by tribe.--The Tribe shall use the 
     payments made under subparagraph (B) only for carrying out 
     projects and programs under the plan prepared under 
     subsection (f).
       (D) Pledge of future payments.--
       (i) In general.--Subject to clause (ii), the Tribe may 
     enter into an agreement under which the Tribe pledges future 
     payments under this paragraph as security for a loan or other 
     financial transaction.
       (ii) Limitations.--The Tribe--

       (I) may enter into an agreement under clause (i) only in 
     connection with the purchase of land or other capital assets; 
     and
       (II) may not pledge, for any year under an agreement 
     referred to in clause (i), an amount greater than 40 percent 
     of any payment under this paragraph for that year.

       (e) Transfers and Withdrawals.--Except as provided in 
     subsections (c) and (d)(1), the Secretary of the Treasury may 
     not transfer or withdraw any amount deposited under 
     subsection (b).
       (f) Plan.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the governing body of the Tribe shall 
     prepare a plan for the use of the payments to the Tribe under 
     subsection (d) (referred to in this subsection as the 
     ``plan'').
       (2) Contents of plan.--The plan shall provide for the 
     manner in which the Tribe shall expend payments to the Tribe 
     under subsection (d) to promote--
       (A) economic development;
       (B) infrastructure development;
       (C) the educational, health, recreational, and social 
     welfare objectives of the Tribe and its members; or
       (D) any combination of the activities described in 
     subparagraphs (A) through (C).
       (3) Plan review and revision.--
       (A) In general.--The Tribal Council shall make available 
     for review and comment by the members of the Tribe a copy of 
     the plan before the plan becomes final, in accordance with 
     procedures established by the Tribal Council.
       (B) Updating of plan.--The Tribal Council may, on an annual 
     basis, revise the plan to update the plan. In revising the 
     plan under this subparagraph, the Tribal Council shall 
     provide the members of the Tribe opportunity to review and 
     comment on any proposed revision to the plan.
       (C) Consultation.--In preparing the plan and any revisions 
     to update the plan, the Tribal Council shall consult with the 
     Secretary of the Interior and the Secretary of Health and 
     Human Services.
       (4) Audit.--
       (A) In general.--The activities of the Tribe in carrying 
     out the plan shall be audited as part of the annual single-
     agency audit that the Tribe is required to prepare pursuant 
     to the Office of Management and Budget circular numbered A-
     133.
       (B) Determination by auditors.--The auditors that conduct 
     the audit described in subparagraph (A) shall--
       (i) determine whether funds received by the Tribe under 
     this section for the period covered by the audit were 
     expended to carry out the plan in a manner consistent with 
     this section; and
       (ii) include in the written findings of the audit the 
     determination made under clause (i).
       (C) Inclusion of findings with publication of proceedings 
     of tribal council.--A copy of the written findings of the 
     audit described in subparagraph (A) shall be inserted in the 
     published minutes of the Tribal Council proceedings for the 
     session at which the audit is presented to the Tribal 
     Council.
       (g) Prohibition on Per Capita Payments.--No portion of any 
     payment made under this Act may be distributed to any member 
     of the Tribe on a per capita basis.

     SEC. 5. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND 
                   SERVICES.

       No payment made to the Tribe under this Act shall result in 
     the reduction or denial of any service or program with 
     respect to which, under Federal law--
       (1) the Tribe is otherwise entitled because of the status 
     of the Tribe as a federally recognized Indian tribe; or
       (2) any individual who is a member of the Tribe is entitled 
     because of the status of the individual as a member of the 
     Tribe.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such funds as may 
     be necessary to carry out this Act, including such funds as 
     may be necessary to cover the administrative expenses of the 
     Fund.
                                 ______
                                 
      By Mr. JEFFORDS (for himself, Ms. Snowe, Mr. Leahy, Mrs. Murray, 
        and Mr. Durbin):
  S. 965. A bill to restore a United States voluntary contribution to 
the United Nations Population Fund; to the Committee on Foreign 
Relations.


       united nations population fund (unfpa) funding act of 1999

  Mr. JEFFORDS. Mr. President, today I am introducing the ``United 
Nations Population Fund Funding Act of 1999.'' Senators Chafee, Snowe, 
Leahy, Murray, and Durbin join me as original cosponsors.
  I will celebrate the memory of my mother this Sunday on Mother's Day. 
Very sadly, I know that there are millions of children in the 
developing world who have very few, or even no memories of their 
mothers. Nearly all maternal deaths are in developing countries. More 
than 585,000 women, many of them already mothers, die each year from 
causes related to pregnancy, including obstructed labor, hemorrhage and 
postpartum infection, and ectopic pregnancies caused by a sexually 
transmitted disease. Mothers also die from HIV, malnutrition and 
anemina, or complications of an unsafe abortion.
  These are only a few examples of how poverty, lack of knowledge, and 
lack of basic maternal health care claim the lives of millions of 
mothers all over the world every year. But the importance of maternal 
health care to the well-being of women and their families is clear. We 
can support mothers in poorer countries around the world by removing 
the ban on U.S. funding for UNFPA. UNFPA is currently the leading 
maternal health care provider around the world.
  During the heated debate surrounding international family planning 
and U.S. funding for UNFPA, ``the baby often gets thrown out with the 
bath water.'' The ``baby'' in this debate is the vast array of work 
UNFPA does around the world to improve pre- and post-natal mother's 
health, access to voluntary family planning programs, STD and HIV 
education and prevention, and programs to end the practice of female 
genital mutilation. UNFPA provides couples all over the world access to 
contraception. It seeks to reduce abortions and related deaths by 
improving access to family planning and to treatment for complications 
of unsafe abortion. UNFPA's priorities include preventing teen 
pregnancy. Too frequently, the bulk of UNFPA's work is overlooked in 
the international family planning controversy.
  Many people do not even realize that UNFPA also assists women in 
crisis situations. UNFPA recently announced it is sending emergency 
reproductive health hits, including equipment for safe delivery of 
babies and emergency contraceptives for rape victims, to Albania for 
thousands of Kosovar Albanian refugee women.
  The lives of pregnant women and newborns are at particular risk among 
refugees fleeing Kosovo. These kits include supplies for women who give 
birth in areas without medical facilities, including materials like 
soap, plastic sheeting, pictorial instructions for delivering a baby, 
and razor blades for cutting the umbilical cord of a newborn. These are 
the most basic of items. But they can mean the difference between life 
and death for mothers and their newborn babies. The U.S. should 
contribute to this humanitarian work.
  The whole world has been horrified by reports released by human 
rights organizations stating that the Serbs are using rape as a weapon 
of war. UNFPA has responded and is leading international efforts to 
help Kosovar Albanian women who have been raped by Serb forces. UNFPA 
provides trauma treatment and counseling for other mental health 
consequences of this form of human rights abuse.
  As the legislative year progresses, the controversy over 
international family planning programs will intensify. My legislation 
calling for renewal of the U.S. contribution to UNFPA will get caught 
up in the controversy as well. But I will not let one of the most 
important issues get lost--the health

[[Page 8476]]

of mothers in poor countries. In the coming months I will work with the 
cosponsors to this bill and many health care organizations to keep the 
issue of maternal health visible in the international family planning 
debate.
                                 ______
                                 
      By Mr. REID:
  S. 966. A bill to require Medicare providers to disclose publicly 
staffing and performance in order to promote improved consumer 
information and choice, to protect employees of Medicare providers who 
report concerns about the safety and quality of services provided by 
the Medicare providers or who report violations of Federal or State law 
by those providers, and to require review of the impact on public 
health and safety of proposed mergers and acquisitions of Medicare 
providers; to the Committee on Finance.


                       patient safety at of 1999

  Mr. REID. Mr. President, I rise today to introduce the Patient Safety 
Act of 1999. This legislation focuses on the major safety, quality, and 
workforce issues for nurses employed by health care institutions and 
the patients who receive care in these facilities.
  Health care consumers need access to information about health care 
institutions in order to make informed decisions about where they or 
their loved ones will receive care. My bill would require health care 
facilties to make information publicly available about staffing levels, 
patient care outcomes, and specific kinds of errors and avoidable 
patient care problems--such as bedsores. The Patient Safety Act would 
not require action to correct these problems. This is not a bill to 
regulate health care, but one that would provide individuals with the 
information they want and need when it comes time to make important 
health care choices.
  As our front-line health care workers, nurses are usually the first 
to recognize dangerous patient care conditions. The Patient Safety Act 
would provide nurses and other hospital employees with 
``whistleblower'' protections it they report problems that threaten 
patient safety to their employers, government agencies, or others.
  Finally, the Patient Safety Act would dirct the Department of Health 
and Human Services to review mergers and acqusitions of hospitals to 
determine their long-term effects on the well-being of patients, the 
community and employees. While these types of transactions are 
regularly evaluated from a financial standpoint, little information is 
made available to the public about hwo such a change would affect the 
health care services available to them.
  The Patient Safety Act is a valuable information resource for 
consumers. I urge you to join my efforts to provide consumers with the 
data necessary to make informed decisions about their health care 
providers.
                                 ______
                                 
      By Mr. LAUTENBERG:
  S. 967. A bill to provide a uniform national standard to ensure that 
consealed firearms are available only to authorized persons for lawful 
purposes; to the Committee on the Judiciary.


                   concealed firearms prohibition act

  Mr. LAUTENBERG. Mr. President, today I am introducing legislation, 
the Concealed Firearms Prohibition Act, that would help make our 
communities safer.
  Across the country, citizens are looking for ways to stop gun 
violence. They see their families torn apart, their friends lost 
forever, and their communities shattered. And they wonder what has gone 
wrong in a nation where more than 30,000 people are killed by gunfire 
each year.
  One area of growing concern is concealed weapons. Recently, the NRA 
tried to push a measure that would have allowed more concealed weapons 
in Missouri. They spent about $4 million trying to pass their 
referendum. But the voters responded with a resounding ``no.'' They do 
not want more people secretly carrying weapons in their schoolyards, 
malls, stadiums and other public places.
  Regrettably, there are still too many politicians who will not listen 
to the people. They insist on marching in lockstep with the NRA. They 
actually want to escalate the arms race on our streets. They try to 
suggest that if more people are carrying guns, our neighborhoods will 
be safer. That position simply defies common sense. The answer to gun 
violence is not a new version of the Wild West, with everyone carrying 
a gun on his or her hip, taking the law into their own hands.
  Every day people get into arguments over everything from traffic 
accidents to domestic disputes. Maybe these arguments lead to yelling, 
or even fisticuffs. But if people are carrying guns, those conflicts 
are much more likely to end in a shooting, and death. And since some 
States allow individuals to carry concealed weapons with little or no 
training in the operation of firearms, there is a greater chance that 
incompetent or careless handgun users will accidentally injure or kill 
innocent bystanders.
  More concealed weapons on our streets will also make the jobs of law 
enforcement officers more dangerous and difficult. But you do not need 
to take my word for this, Mr. President. Just ask the men and women in 
law enforcement. In fact, the Police Executive Research Forum did just 
that. In their 1996 survey, they found that 92 percent of their 
membership opposed legislation allowing private citizens to carry 
concealed weapons.
  Mr. President, although the regulation of concealed weapons has been 
left to States, it is time for Congress to step in to protect the 
public. All Americans have a right to be free from the dangers posed by 
the carrying of concealed handguns, regardless of their State of 
residence. And Americans should be able to travel across State lines 
for business, to visit their families, or for any other purpose, 
without having to worry about concealed weapons.
  Besides the strong Federal interest in ensuring the safety of our 
citizens, there are other reasons why this area requires Congressional 
intervention. Beyond the lives lost and ruined, crimes committed with 
handguns impose a substantial burden on interstate commerce and lead to 
a reduction in productivity and profitability for businesses around the 
Nation. Moreover, to ensure its coverage under the Constitution's 
commerce clause, my bill applies only to handguns that have been 
transported in interstate or foreign commerce, or that have parts or 
components that have been transported in interstate or foreign 
commerce. This clearly distinguishes the legislation from the gun-free 
school zone statute that was struck down in the Supreme Court's Lopez 
case.
  Mr. President, the bottom line is that more guns equal more death. 
This legislation will help in our struggle to reduce the number of guns 
on our streets, and help prevent our society from becoming even more 
violent and dangerous.
  I hope my colleagues will support the bill, and 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. 967

       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 ``Concealed Firearms 
     Prohibition Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) crimes committed with firearms threaten the peace and 
     domestic tranquility of the United States and reduce the 
     security and general welfare of the people of the United 
     States;
       (2) crimes committed with firearms impose a substantial 
     burden on interstate commerce and lead to a reduction in 
     productivity and profitability for businesses around the 
     country whose workers, suppliers, and customers are adversely 
     affected by gun violence;
       (3) the public carrying of firearms increases the level of 
     gun violence by enabling the rapid escalation of otherwise 
     minor conflicts into deadly shootings;
       (4) the public carrying of firearms increases the 
     likelihood that incompetent or careless firearm users will 
     accidently injure or kill innocent bystanders;
       (5) the public carrying of firearms poses a danger to 
     citizens of the United States who travel across State lines 
     for business or other purposes; and

[[Page 8477]]

       (6) all Americans have a right to be protected from the 
     dangers posed by the carrying of concealed firearms, 
     regardless of their State of residence.

     SEC. 3. UNLAWFUL ACT.

       Section 922 of title 18, United States Code, is amended by 
     inserting after subsection (y) the following:
       ``(z) Firearms.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     shall be unlawful for a person to carry a firearm, any part 
     of which has been transported in interstate or foreign 
     commerce, on his or her person in public.
       ``(2) Exceptions.--Paragraph (1) does not apply to--
       ``(A) a person authorized to carry a firearm under State 
     law who is--
       ``(i) a law enforcement official;
       ``(ii) a retired law enforcement official;
       ``(iii) a duly authorized private security officer;
       ``(iv) a person whose employment involves the transport of 
     substantial amounts of cash or other valuable items; or
       ``(v) any other person that the Attorney General determines 
     should be allowed to carry a firearm because of compelling 
     circumstances, under regulations that the Attorney General 
     may promulgate;
       ``(B) a person authorized to carry a firearm under a State 
     law that permits a person to carry a firearm based on an 
     individualized determination, based on a review of credible 
     evidence, that the person should be allowed to carry a 
     firearm because of compelling circumstances (not including a 
     claim of concern about generalized or unspecified risks); or
       ``(C) a person authorized to carry a firearm on his or her 
     person under Federal law.
       ``(3) Effect on other laws.--
       ``(A) Federal laws.--Nothing in this subsection supersedes 
     or limits any other Federal law (including a regulation) that 
     prohibits or restricts the possession or transportation of a 
     firearm.
       ``(B) State and local laws.--Nothing in this subsection 
     supersedes or limits any law (including a regulation) of a 
     State or political subdivision of a State that--
       ``(i) grants a right to carry a concealed firearm that is 
     more restrictive than a right granted under this subsection;
       ``(ii) permits a private person or entity to prohibit or 
     restrict the possession of a concealed firearm on property 
     belonging to the person;
       ``(iii) prohibits or restricts the possession of a firearm 
     on any property, installation, building, facility, or park 
     belonging to a State or political subdivision of a State; or
       ``(iv) permits a person to--

       ``(I) transport a lawfully-owned and lawfully-secured 
     firearm in a vehicle for hunting or sporting purposes; or
       ``(II) use a lawfully-owned firearm for hunting or sporting 
     purposes.''.

                                 ______
                                 
      By Mr. GRAHAM (for himself, Mr. Mack, Mr. Cleland, Mrs. Lincoln, 
        and Mr. Robb):
  S. 968. A bill to authorize the Administrator of the Environmental 
Protection Agency to make grants to State agencies with responsibility 
for water source development, for the purposes of maximizing the 
available water supply and protecting the environment through the 
development of alternative water sources, and for other purposes; to 
the Committee on Environment and Public Works.


                 alternative water sources act of 1999

 Mr. GRAHAM. Mr. President, I rise today with my colleagues, 
Senators Mack, Cleland, Lincoln, and Robb, to discuss an issue of great 
importance to the people of Florida and the nation: the availability of 
adequate water supplies. During the last decade, many states have 
experienced unprecedented population growth. For example, Florida's 
population increased by 15 percent, or almost 2 million people, over 
the last 8 years. We have directed resources towards improvements in 
our highway infrastructure to accommodate increased use. However, an 
area that has not received adequate attention but has the potential to 
negatively impact human health and the environment as well as limit 
economic growth is the conservation and development of adequate water 
supplies.
  A number of eastern states, including Florida, are now experiencing 
water supply problems similar to those in the arid West. We must act 
now to prevent salt water intrusion into our aquifers, additional loss 
of wetlands, and curbs on economic development due to inadequate water 
supplies. As we prepare for the 21st century, demand for water for 
domestic, industrial, and agricultural uses will continue to increase.
  In just one of Florida's regional water management districts, the 
Governing Board has committed $10 million per year since 1994 to 
providing financial assistance for local alternative water source 
projects such as conservation, wastewater reclamation, stormwater 
reuse, and desalination. When fully implemented, the 23 currently 
active or completed projects will provide more than 150 million gallons 
of water per day to supply existing and future needs. These projects 
will also reduce groundwater withdrawals, rehydrate stressed lakes and 
wetlands, increase ground water recharge, enhanced wildlife habitat, 
and improve flood control.
  We are today introducing legislation to address this critical public 
health, environmental, and economic issue. The ``Alternative Water 
Sources Act of 1999'' establishes a federal grant program for eastern 
states that is similar to a program already operated by the Bureau of 
Reclamation for western states. The program will provide federal 
matching funds for the design and construction of water reclamation, 
reuse, and conservation projects. The bill authorizes the Environmental 
Protection Agency (EPA) to make grants to agencies with responsibility 
for water resource development, for the purpose of maximizing available 
water supplies while protecting the environment. Under this program, 
water supply agencies will submit grant proposals to EPA. The proposed 
projects must be part of a long range water resource management plan. 
If approved, the federal government would provide half the cost of the 
project. This legislation authorizes $75 million per year over the next 
five years to fund alternative water source projects.
                                 ______
                                 
      By Mr. ASHCROFT:
  S. 969. A bill to amend the Individuals with Disabilities Education 
Act and the Gun-Free Schools Act of 1994 to authorize schools to apply 
appropriate discipline measures in cases where students have weapons or 
threaten to harm others, and for other purposes; to the Committee on 
Health, Education, Labor, and Pensions.


                       school safety act of 1999

  Mr. ASHCROFT. Mr. President, in the past two weeks since the tragedy 
occurred at Columbine High School in Littleton, Colorado, we have all 
had time to reflect on a number of issues. Our thoughts and prayers go 
to the families, friends, and other loved ones affected by this 
incident. We have asked ourselves why this happened. How it happened.
  The Littleton tragedy requires reflection, thought and corrective 
action within our spheres of influence and responsibility. Children 
must learn respect and responsibility. Parents must be responsible for 
their children, including what they watch and what they do. Schools 
must have firm, fair and consistent discipline policies. Schools must 
be free to expel violence-prone students. State legislators must review 
state laws. Congress must review federal laws.
  As a member of the United States Senate, I have been prompted to stop 
and examine our current federal education laws involving school safety, 
and see if our policies are promoting and encouraging school safety--or 
are in some way hindering our teachers, parents, principals, 
superintendents, and school boards from maintaining a safe place for 
our children to learn and our teachers to teach.
  For much of the past year and before the Littleton tragedy, I 
traveled through Missouri talking to teachers, principals, school 
superintendents and school officials about the issue of school safety 
and school discipline. What I heard and learned was disturbing. After 
listening to school officials, I have concluded that there is, in fact, 
at least one federal law that actually jeopardizes our schools' efforts 
to provide a safe learning environment. Today I am introducing 
legislation, the School Safety Act, to amend this law and give schools 
the ability to remove from the classroom students who possess weapons 
or threaten to use weapons in the classroom, so that we can keep our 
children and teachers safe.
  Once enacted, this legislation will help foster a safer environment 
in schools. If this legislation had been enacted years ago, would it 
have prevented the Littleton tragedy? It would be wrong to claim for 
certain that it

[[Page 8478]]

would. The truth of the Littleton tragedy is that those involved in the 
massacre violated at least 13 federal laws. The existence of those 13 
laws did not stop the Littleton massacre. Still, we must examine our 
current federal education laws involving school safety and make 
necessary changes.
  Across America, parents, teachers, and communities have made it clear 
that we want our schools to offer our students a world-class education 
that boosts student achievement and elevates them to excellence. If 
children are to attain high levels of academic performance, our schools 
must be able to provide safe and secure learning environments free of 
undue disruption or violence.
  When we think of school safety, we obviously turn to one element that 
poses a threat to a secure environment: weapons in schools.
  Our general federal policy is commendable: to have zero tolerance for 
weapons at schools. The federal Gun-Free Schools Act requires states 
receiving federal education funds to have a law requiring a one year 
expulsion of a student who has a weapon at school. I know that my state 
of Missouri has such a law on the books.
  We would think that the Gun-Free Schools Act settles the issue of 
weapons in schools. But it doesn't. This law contains an exception for 
nearly one in seven students in my state, and one in eight nationally. 
This exception is for students covered by the federal Individuals with 
Disabilities Education Act.
  Hidden among the provisions of the Gun-Free Schools Act is section 
(c), entitled ``Special Rule,'' which says: ``The provisions of this 
section shall be construed in a manner consistent with the Individuals 
with Disabilities Education Act.'' When you turn to the IDEA law, you 
see a complex and elaborate set of roadblocks and barriers that 
hamstring schools in applying discipline to any IDEA student for 
situations involving weapons possessions.
  When we talk about students who are subject to the IDEA law, we are 
not talking about any small number of children: In Missouri, over 
129,000--or nearly 14% of our 893,000 students--are classified as 
``disabled.'' That's one in seven students. Nationally, there are about 
12-13% of all students who are under the IDEA law. We have to keep this 
in mind as we talk about this issue of school discipline and safety.
  We must also consider which individuals qualify as ``disabled'' under 
IDEA. We are not just talking about blindness, deafness, orthopedic 
impairments, or MS. The federal IDEA definition of disability also 
includes individuals with serious emotional disturbances or specific 
learning disabilities.
  Unlike the Gun-Free Schools Act, the Individuals with Disabilities 
Education Act does not have a zero tolerance for students with weapons. 
In fact, the IDEA law makes it very difficult for schools to act 
effectively when a student subject to this law has a weapon at school.
  While the Gun-Free Schools Act would require that any other student 
be expelled for a year, the ``special rule'' for an IDEA student who 
brings a gun or knife to school provides that he could be back in the 
regular classroom within 45 days.
  Here is a federal law that creates dangerous situations by not 
allowing school officials to keep those students who have possessed 
weapons in school out of the classroom.
  IDEA also hinders schools from taking effective action to protect 
their students and teachers from students who make threats to use 
weapons. School districts have developed policies to address student 
weapons threats. For example, a superintendent in my state told my 
office that under his school district's policy, he could suspend a 
student for up to 180 days for threatening to bring a weapon to school 
and shoot another student.
  However, if that superintendent is dealing with a student under IDEA, 
the law makes it very difficult for him to remove the student even if 
he considers the student a serious threat to the safety of others. In 
fact, the school may be unable to remove this child from the classroom 
if he has already been suspended for a certain number of days during 
the school year.
  Here is a federal law that creates dangerous situations by not 
allowing school officials to act on early warning signs to remove 
potentially violent students from school.
  The costs involved with trying to keep a dangerous child out of the 
classroom are astronomical under IDEA. Schools have told me that the 
``due process'' proceedings a parent can invoke in response to any 
disciplinary action taken toward a child is so expensive and time-
consuming that schools do all they can to avoid these proceedings. The 
easiest, simplest due process hearing costs a school about $7500 in 
Missouri!
  Not only must schools pay their own legal fees for a due process 
hearing under IDEA, but they also face the prospect of being 
responsible for the parents' attorneys fees in some cases.
  Here is a federal law that discourages safe classrooms because 
schools cannot afford to take steps they deem essential to maintaining 
safety without risking serious financial jeopardy.
  The problems created by IDEA are not simply theoretical. Just three 
weeks ago--before the Littleton incident--I traveled around Missouri to 
talk to parents, teachers, principals, and administrators about ways to 
offer each child a world class education. Again and again, I was told 
that schools are handcuffed by federal law in dealing with violent and 
dangerous behavior--often connected with weapons. Let me give you a few 
examples:
  In one rural Missouri school, a 15-year-old IDEA student had been 
making numerous threats against both students and staff. He said such 
things as, ``I'm going to shoot you. I'm going to get a gun and blow 
you away.'' School officials were aware of the threats, but the federal 
law hindered them from taking steps they thought most appropriate to 
deal with the student. Unfortunately this student ended up shooting 
another student off school grounds. Fortunately, because he remained in 
the custody of law enforcement authorities, the student was not 
returned to the classroom. School officials in this district told me 
that had this student not been subject to the IDEA laws, they could 
have--and would have--removed him from the classroom when he made the 
threats of killing other students and personnel.
  In an eastern Missouri school district, an IDEA student who was under 
school suspension was asked to leave a Friday night school dance that 
he tried to attend in violation of school policy. The student tried 
continually to regain entry into the school and said to the principal, 
a teacher, and a parent who was helping supervise the dance: ``I'm 
going to go home, get my shotgun, come back, and blow your [expletives 
deleted] heads off.'' The superintendent says that the federal IDEA law 
constrained him to return this potentially dangerous student to the 
classroom early the next week. If the student had not had been under 
IDEA, the superintendent could have imposed a far longer suspension for 
threatening school personnel.
  I learned of a Missouri grade schooler, subject to IDEA law, who 
announced at school, ``I'm going to bring a knife and cut the bus 
driver's throat.'' Was this an idle threat? This child had transferred 
from another school where he had been found with a knife and was 
suspended for 10 days. The federal IDEA law prevents this new school 
from imposing any more suspensions upon this child for the rest of the 
school year unless he actually shows up with a weapon again!
  Let me emphasize that the vast majority of disabled students under 
the IDEA law--just like the vast majority of nondisabled students--are 
good kids who don't pose discipline problems in school. However, when 
it comes to something as serious as a student bringing a weapon to 
school or threatening to kill or harm someone with a weapon, school 
officials must have the ability to respond in the way they believe most 
appropriate to maintain a safe and stable school for all children.
  When I hear these incidents from Missouri schools, I cannot help but 
think that there is something drastically wrong with our federal 
education laws. We have a mass tragedy

[[Page 8479]]

waiting to happen if federal law keeps teachers from getting teenagers 
with weapons out of schools. We cannot afford to keep laws on the books 
that preclude schools from dealing with early warning signs of danger 
and handcuff them from taking swift action to prevent violence. We must 
give schools the power to keep our children safe by allowing them to 
remove all students who have weapons or threaten to use them.
  Schools all over my state have told me that they need the authority 
to discipline all students in a fair and consistent manner--for the 
safety of their schools and for the benefit of disabled children. Here 
are some examples of what schools have told me:
  Maynard Wallace, Superintendent of the Ava R-I School District, has 
written: ``The discipline code must be the same for all if public 
education is to survive.'' He says that treating children with 
handicaps differently than other children in the area of discipline 
``not only undermines the entire discipline of the school but is a 
definite disservice to the handicapped child as well.''
  Betty Chong, Assistant Superintendent for Special Services in the 
Cape Girardeau school district, writes: ``The educators are themselves 
advocates for children with disabilities. . . . Special educators 
directors and many principals were first teachers who were dedicated 
(and still are) to the education of students with disabilities.'' She 
goes on to say: ``Students with disabilities are held to the same 
standards as students without disabilities when they are adults. When 
do they learn how to be law abiding citizens?''
  Lyle Laughman, the superintendent of the Lincoln County R-IV school 
district has written: ``It is in the total best interest of the child 
and society for that [discipline] determination to be made on the 
local, individual case level rather than the Federal law which greatly 
restricts what a school can do in an individual set of circumstances.''
  Dale Walkup, Board of Education President of the Blue Springs School 
District gave me a copy of a letter he sent to President Clinton which 
says, ``The reauthorization of IDEA has not supported impartial and 
appropriate consequences for those students who choose drugs and are 
violent or dangerous to others. We hope the IDEA regulations become 
more reasonable, appropriate, and considerate of the needs of our total 
student population.''
  In response to both the incidents and recommendations that I have 
heard from schools, I am introducing the School Safety Act, which will 
allow schools to remove from the classroom any student who has a weapon 
or threatens to use a weapon at school. This legislation, which has 
been endorsed by the Missouri School Boards Association, will repeal 
the federal law that handcuffs schools from taking measures they 
believe appropriate to maintain a safe and secure learning environment 
for students and teachers.
  A safe and secure setting is vital to success in the classroom. Any 
student who has a weapon at school, or who threatens to kill or harm 
someone with a weapon, should be removed from the classroom 
immediately. Whether a student is ``disabled'' under federal law should 
not prevent school administrators from dealing appropriately with 
weapons in school. We can no longer afford to keep a federal law that 
threatens the safety of the classroom. We can no longer afford to 
tolerate federal policy that invites a mass tragedy. Under the School 
Safety Act, schools will be empowered with the flexibility and 
authority they need to remove any dangerous and violent student from 
the classroom when weapons are involved.
  This is not the first time I have introduced school safety 
legislation since I have been in the Senate. I have already worked to 
make improvements in the federal law to create a safer learning 
environment for students and teachers.
  I began working on this issue in 1995, after a young woman was found 
dead in the restroom of a North St. Louis County high school. The male 
special education student convicted of murdering the woman had a 
history of dangerous behavior, but his discipline record hadn't been 
disclosed to his new school. In response to this situation, I sought 
for ways to give schools the crucial information they need to maintain 
a secure school environment. I authored legislation signed into law in 
June 1997 providing for the transfer of discipline records when 
students with dangerous behavior change schools.
  In the recent ``ed-flex'' bill signed into law on April 29, 1999, I 
secured a provision that closes a loophole in federal law concerning 
weapons possession in school. Missouri school board officials had 
alerted me to a federal provision that allows a school to discipline a 
student only for carrying a weapon onto school grounds, but not for 
possessing a weapon at school. In response to this concern, I had the 
law amended to ensure that school officials can remove a student from 
the classroom whether he possesses--or carries--a weapon at school.
  The legislation I am offering today builds upon this previous safe 
schools legislation by giving schools authority to remove any student 
from the classroom if he or she brings a weapon to school or threatens 
to kill or harm someone with a weapon.
  Mr. President, a little over a year ago, the Senator from Washington, 
Senator Gorton, read from an editorial in the Seattle Post 
Intelligencer that recounted the story of a disabled student who 
attacked other students with a knife on a school bus. The editorial 
pointed out the disparities caused by the federal IDEA laws. It said: 
``If the school district really is required by law to allow students 
back into class who carry weapons or otherwise have demonstrated intent 
to harm others, that law is in error and must be changed.''
  I could not agree more with this editorial. It is time to change this 
erroneous law, which jeopardizes students and teachers by forcing 
school officials to ignore early warning signs of disaster. Maintaining 
a safe learning environment requires that local school officials have 
the authority and flexibility to discipline all students in an 
equitable and effective manner, especially when it comes to weapons. 
Let's unshackle our teachers, principals, superintendents, and school 
boards from a law that prevents them from keeping our children safe and 
secure. Let's give them the power to stop a tragedy before it happens.
  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. 969

       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 ``School Safety Act of 1999''.

     SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES 
                   EDUCATION ACT.

       (a) Placement in Alternative Educational Setting.--Section 
     615(k) of the Individual with Disabilities Education Act (20 
     U.S.C. 1415(k)) is amended--
       (1) in paragraph (1)(A)(ii), by striking ``45 days if--'' 
     and all that follows through ``(II) the child'' and inserting 
     ``45 days if the child'';
       (2) in paragraph (2), by striking ``A hearing'' and 
     inserting ``Except as provided in paragraph (10), a 
     hearing'';
       (3) by redesignating paragraph (10) as paragraph (11);
       (4) by inserting after paragraph (9) the following new 
     section:
       ``(10) Expulsion or suspension with respect to weapons.--
       ``(A) Authority of school personnel with respect to 
     weapons.--Notwithstanding any other provision of this Act, 
     school personnel may suspend or expel a child with a 
     disability who--
       ``(i) carries or possesses a weapon to or at a school, on 
     school premises, or to or at a school function under the 
     jurisdiction of a State or a local educational agency; or
       ``(ii) threatens to carry, possess, or use a weapon to or 
     at a school, on school premises, or to or at a school 
     function under the jurisdiction of a State or a local 
     educational agency;

     in the same manner in which such personnel would suspend or 
     expel a child without a disability.
       ``(B) Definitions.--For the purposes of this paragraph:
       ``(i) Weapon.--The term `weapon' has the meaning given the 
     term under applicable State law.

[[Page 8480]]

       ``(ii) Threatens to carry, possess, or use a weapon.--The 
     term `threatens to carry, possess, or use a weapon' includes 
     behavior in which a child verbally threatens to kill another 
     person.
       ``(C) Free appropriate public education.--
       ``(i) Ceasing to provide education.--A child expelled or 
     suspended under subparagraph (A) shall not be entitled to 
     continued educational services, including, but not limited to 
     a free appropriate public education, under this Act, during 
     the term of such expulsion or suspension, if the State in 
     which the local educational agency responsible for providing 
     educational services to such child does not require a child 
     without a disability to receive educational services after 
     being suspended or expelled.
       ``(ii) Providing education.--Notwithstanding clause (i), 
     the local educational agency responsible for providing 
     educational services to a child with a disability who is 
     expelled or suspended under subparagraph (A) may choose to 
     continue to provide educational services to such child. If 
     the local educational agency so chooses, then--
       (I) nothing in this Act shall require the local educational 
     agency to provide such child with a free appropriate public 
     education, or any particular level of service; and
       (II) the site where the local educational agency provides 
     the services shall be left to the discretion of the local 
     educational agency.
       (5) in paragraph (11) (as redesignated in paragraph (3)), 
     by striking subparagraph (D).
       (b) Conforming Amendments.--
       (1) Section 612(a)(1)(A) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1412(a)(1)(A)) is 
     amended by inserting before the period ``(except as provided 
     in section 615(k)(10))''.
       (2) Section 615(f)(1) of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1415(f)(1)) is amended by inserting 
     at the beginning of the first sentence ``Except as provided 
     in section 615(k)(10),''.

     SEC. 3. AMENDMENT TO THE GUN-FREE SCHOOLS ACT OF 1994.

       Subsection (c) of section 14601 of the Gun-Free Schools Act 
     of 1994 (20 U.S.C. 8921) is amended to read as follows:
       ``(c) Special Rule.--Notwithstanding any other provision of 
     this section, this section shall be subject to section 
     615(k)(10) of the Individual with Disabilities Education Act 
     (20 U.S.C. 1415(k)(10)).''.

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