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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
(Senate - May 03, 1999)
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[Pages S4578-
S4605]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN (for himself, Mr. Chafee, Mr. Kennedy, Mr. Schumer,
Mr. Lautenberg, Mrs. Boxer, and Mr. Reed):
S. 936. A bill to prevent children from having access to firearms; to
the Committee on the Judiciary.
children's firearm access prevention act
Mr. DURBIN. Mr. President, I rise today with my colleagues Senator
Chafee, Senator Kennedy, Senator Schumer, Senator Lautenberg, Senator
Boxer, and Senator Reed to introduce the Child Firearm Access
Prevention Act of 1999.
Following the tragedy in Littleton, Colorado, it is natural to ask
``why'', but we also need to ask ``how?''
How do two teenagers enter their high school armed with a Tec 9,
semi-automatic assault rifle, two sawed off 12 gauge shotguns, a 9
millimeter semi-automatic pistol, 30 explosive devices and kill 13
innocent people?
There are those who say you can't pass laws to stop this behavior
because those inclined to do it will simply ignore the law. I guess the
message of this logic is if you can't solve the entire problem, you
shouldn't even try.
I think that logic is wrong. We have to act and we have to act now.
Everyday in America, 13 children die as a result of gun violence.
In the last two years our schools have been shattered by gun
violence.
October 1, 1997, Pearl, Mississippi: A sixteen year old boy killed
his mother then went to his high school and shot nine students, two
fatally.
December 1, 1997, West Paducah, Kentucky: Three students were killed
and five were wounded in a hallway at Heath High School by a 14 year
old classmate.
March 24, 1998, Jonesboro, Arkansas: Four girls and a teacher were
shot to death and 10 people were wounded during a false fire alarm at a
middle school when two boys 11 and 13 opened fire from the woods.
April 24, 1998, Edinboro, Pennsylvania: A science teacher was shot to
death in front of students at an eighth grade dance by a 14 year old
student.
May 19, 1998, Fayetteville, Tennessee: Three days before his
graduation, an 18 year old honor student allegedly opened fire in a
parking lot at a high school killing a classmate who was dating his ex-
girlfriend.
May 21, 1998, Springfield, Oregon: Two teen-agers were killed and
more than 20 people were hurt when a 15 year old boy allegedly opened
fire at a high school. The boy's parents were killed at their home.
There is something we can do to protect our children. Seventeen
states have already recognized the problem and passed a child firearm
access prevention law, which is known as a CAP law. These laws say to
those who purchase and own guns, it is not enough for you to follow the
law in purchasing them and to use the guns safely; you have another
responsibility. If you are going to own a firearm in your home, you
have to keep it safely and securely so that children do not have access
to it.
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These laws are effective. Florida was the first State to pass a CAP
law in 1989. The following year, unintentional shooting deaths of
children dropped 50%. Moreover, a study published in the Journal of the
American Medical Association (JAMA) in October of 1997 found a 23%
decrease in unintentional firearm related deaths among children younger
than 15 in those States that had implemented CAP laws. According to the
JAMA article, if all 50 states had CAP laws during the period of 1990-
94, 216 children might have lived.
Should we consider these state laws as a national model? I think the
obvious answer is yes. Unfortunately, the Littleton tragedy is no
longer unique.
Mr. President, what I propose today is Federal legislation that will
apply to every State, not just 17, but every State. And this is what it
says. If you want to own a handgun, a rifle or shotgun, and it is legal
to do so, you can; but if you own it, you have a responsibility to make
certain that it is kept securely and safely.
What does the bill do? The bill imposes criminal penalties for gun
owners who know or should know that a juvenile could gain access to the
gun, and a juvenile does gain access & thereby causes death or injury
or exhibits the gun in a public place. The gun owner is subject to a
prison sentence of up to 1 year and/or fined $10,000 (a misdemeanor
penalty). The bill also provides a felony provision for a reckless
violation.
The bill has 5 common sense exceptions. (1) The adult uses a trigger
lock, secure storage box, or other secure storage technique; (2) The
juvenile used the gun in a lawful act of self-defense; (3) The juvenile
takes the gun off the person of a law enforcement official; (4) The
owner has no reasonable expectation that juveniles will be on the
premises; and (5) The juvenile got the gun as a result of a burglary.
States which have passed CAP laws include: Florida, Connecticut,
Iowa, California, Nevada, New Jersey, Virginia, Wisconsin, Hawaii,
Maryland, Minnesota, North Carolina, Delaware, Rhode Island, Texas,
Massachusetts and Illinois. An examination of this list does not reveal
the most liberal states in America. The first State to pass this
legislation in 1989 was Florida and in 1995, Texas, certainly no
bleeding heart state by any political definition, passed a CAP law.
I ask my Senate colleagues to join me in this bipartisan effort to
protect children from the dangers of gun violence. Children and easy
access to guns are a recipe for tragedy.
Mr. President, I ask unanimous consent that a copy of the legislation
be printed in the Record.
There being no objection, the bill was order to be printed in the
Record, as follows:
S. 936
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 ``Children's Firearm Access
Prevention Act''.
SEC. 2. CHILDREN AND FIREARMS SAFETY.
(a) Definition.--Section 921(a)(34)(A) of title 18, United
States Code, is amended by inserting ``or removing'' after
``deactivating''.
(b) Prohibition.--Section 922 of title 18, United States
Code, is amended by inserting after subsection (y) the
following:
``(z) Prohibition Against Giving Juveniles Access to
Certain Firearms.--
``(1) Definition of juvenile.--In this subsection, the term
`juvenile' means an individual who has not attained the age
of 18 years.
``(2) Prohibition.--Except as provided in paragraph (3), it
shall be unlawful for any person to keep a loaded firearm, or
an unloaded firearm and ammunition for the firearm, any of
which has been shipped or transported in interstate or
foreign commerce or otherwise substantially affects
interstate or foreign commerce, within any premise that is
under the custody or control of that person if that person
knows, or reasonably should know, that a juvenile is capable
of gaining access to the firearm without the permission of
the parent or legal guardian of the juvenile.
``(3) Exceptions.--Paragraph (2) does not apply if--
``(A) the person uses a secure gun storage or safety device
for the firearm;
``(B) the person is a peace officer, a member of the Armed
Forces, or a member of the National Guard, and the juvenile
obtains the firearm during, or incidental to, the performance
of the official duties of the person in that capacity;
``(C) the juvenile obtains, or obtains and discharges, the
firearm in a lawful act of self-defense or defense of 1 or
more other persons;
``(D) the person has no reasonable expectation, based on
objective facts and circumstances, that a juvenile is likely
to be present on the premises on which the firearm is kept;
or
``(E) the juvenile obtains the firearm as a result of an
unlawful entry by any person.''.
(c) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(7) Whoever violates section 922(z), if a juvenile (as
defined in section 922(z)) obtains access to the firearm and
thereby causes death or bodily injury to the juvenile or to
any other person, or exhibits the firearm either in a public
place, or in violation of section 922(q)--
``(A) shall be fined not more than $10,000, imprisoned not
more than 1 year, or both; or
``(B) if such violation is reckless, shall be fined in
accordance with this title, imprisoned not more than 5 years,
or both.''.
(d) Role of Licensed Firearms Dealers.--Section 926 of
title 18, United States Code, is amended by adding at the end
the following:
``(d) Contents of Form.--The Secretary shall ensure that a
copy of section 922(z) appears on the form required to be
obtained by a licensed dealer from a prospective transferee
of a firearm.''.
(e) No Effect on State Law.--Nothing in this section or the
amendments made by this section shall be construed to preempt
any provision of the law of any State, the purpose of which
is to prevent juveniles from injuring themselves or others
with firearms.
______
By Mrs. HUTCHISON (for herself, Mr. McCain, Mr. Hollings, and Mr.
Inouye):
S. 937. A bill to authorize appropriations for fiscal years 2000 and
2001 for certain maritime programs of the Department of Transportation,
and for other purposes; to the Committee on Commerce, Science, and
Transportation.
maritime administration authorization act for fiscal years 2000 and
2001
Mrs. HUTCHISON. Mr. President, today I rise to introduce
legislation on behalf of myself, Senator McCain, chairman of the Senate
Commerce Committee, Senator Hollings, the ranking member of the
Commerce Committee and Senator Inouye, Surface Transportation and
Merchant Marine Subcommittee ranking member. This legislation
authorizes appropriations for fiscal year 2000 for the Maritime
Administration.
The introduction of this bill demonstrates our firm commitment to our
nation's maritime industry and our willingness to work with the
Maritime Administration to provide effective leadership on a wide range
of maritime issues. The bill was developed along with Administration
officials and provides a base to build upon in coming weeks.
There are several aspects of this measure that will require
interested members of the Senate to work together to come to a
consensus. Therefore, this bill can be viewed as a starting point for
reauthorizing the agency and making changes to U.S. maritime policy. I
look forward to working with members of the Committee and the
administration to find common ground for a final legislation.
The bill authorizes appropriations for the Maritime Administration
[MarAd] for fiscal year 2000 and covers two appropriated accounts: (1)
operations and training and (2) the shipbuilding loan guarantee program
authorized by Title XI of the Merchant Marine Act, 1936.
MarAd oversees the operations of U.S. Government-supported maritime
promotion programs, such as the Maritime Security Program, the state
maritime academies and the U.S. Merchant Marine Academy. I am a strong
supporter of the state maritime academies, in particular, and want to
ensure that they are adequately funded.
Title XI shipbuilding loan guarantee program is important to ensuring
critical shipbuilding capacity in the United States. This legislation
provides $6 million in loan guarantee funds for Title XI in FY2000.
However, this program has received substantially more in previous
years, and I look forward to working with the Administration to
determine the appropriate level of funding.
This bill codifies the administrative process associated with Title
XI. The measure provides the Secretary the authority to hold all bond
proceeds generated under Title XI during the construction period in
escrow. Currently, the Secretary must administratively establish a
separate construction fund with a private bond agent for a portion of
the bond proceeds not captured in escrow. This will eliminate the cost
associated with the establishment of the
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separate construction fund and better protect the government's
interest.
Futher, the measure provides the Secretary authority under Title XI
to collect and hold cash collateral in the U.S. Treasury, under certain
circumstances associated with a guaranteed transaction. This will
relieve the obligors and the agency from spending the time and money
associated with negotiating depository agreements and legal opinions in
Title XI transactions.
Additionally, the bill amends Title IX to provide a waiver of the
three year period bulk and breakbulk vessels newly registered under the
U.S. flag must wait in order to carry government-impelled cargo. The
waiver would be in effect for one year beginning on the date of
enactment.
Finally, the bill would reauthorize the War Risk Insurance Program
through June 30, 2005, change the requirement for an annual report to
Congress by the Maritime Administration detailing its's activities to a
biennial report, and make clear the ownership status of the vessel
named the Jeremiah O'Brien.
I look forward to working on this important legislation and hope my
colleagues will join me and the other sponsors in expeditiously moving
this authorization through the legislative process.
Mr. McCAIN. Mr. President, I am pleased to join Senator
Hutchison, Chairman of the Surface Transportation and Merchant Marine
Subcommittee in the introducing the Maritime Administration
Authorization Act for Fiscal Year 2000.
The bill was developed along with administration officials and
provides a firm base to build on in coming weeks. While I do not fully
agree with all aspects of this measure. I look forward to an open
debate in formulating final legislation.
The bill authorizes appropriations for the Maritime
Administration[MarAd] for fiscal year 2000 covering operations and
training along with the loan guarantee program authorized by title XI
of the Merchant Marine Act, 1936. MarAd's oversight of the operations
of U.S. Government-suppored maritime promotion programs are as
important toady as ever. With increasing pressure on our nation's
military resources, MarAd's administration of the Martime Security
Program provides an important link in insuring that our troops world
wide receive essential supplies in a timely and efficient manor.
This bill will streamline several administrative processes associated
with the Title XI Loan Guarantee Program. The measure provides the
Secretary of Transportation with additional authority to secure loan
guaranteed by allowing collateral collected to be held in the U.S.
Treasury. This will not only save time and money associated with
negotiating depository agreements but will provide greater security for
tax payers funds appropriated for this program.
Further, the bill amends Title IX of the Merchant Marine At of 1936
to provide a waiver for eliminating the three year period bulk and
breakbulk vessels newly registered under the U.S. flag must wait in
order to carry government-impelled cargo; reauthorize the War Risk
Insurance Program through June 30, 2005; reduces the requirement for an
annual report to Congress by the Maritime Administration detailing
its's activities to be a biennial report; and makes clear the ownership
status of the vessel names the Jeremian O'Brien.
I am pleased that the Subcommittee is taking this action today and
will join Senator Hutchison and the other sponsors in expeditiously
moving this authorization through the legislative proceeds.
______
By Mr. SPECTER (by request):
S. 940. A bill to provide a temporary authority for the use of
voluntary separation incentives by the Department of Veterans Affairs
to reduce employment levels, restructure staff, and for other purposes;
to the Committee on Veterans' Affairs.
department of veterans affairs employment reduction assistance act of
1999
Mr. SPECTER. Mr. President, as chairman of the Committee on Veterans'
Affairs, I have today introduced, at the request of the Department of
Veterans Affairs,
S. 940, the proposed Department of Veterans Affairs
Employment Reduction Assistance Act of 1999. The Department of Veterans
Affairs submitted this legislation to the President of the Senate by an
undated letter received by the President of the Senate on April 13,
1999.
My introduction of this measure is in keeping with the policy which I
have adopted of generally introducing--so that there will be specific
bills to which my colleagues and others may direct their attention and
comments--all Administration-proposed draft legislation referred to the
Committee on Veterans' Affairs. Thus, I reserve the right to support or
oppose the provisions of, as well as any amendment to, this
legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record, together with the transmittal letter and the
enclosed analysis of the draft legislation which accompanied it.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 940
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans
Affairs Employment Reduction Assistance Act of 1999.''
SEC. 2. DEFINITIONS.
For the purpose of this Act--
(a) ``Department'' means the Department of Veterans
Affairs.
(b) ``Employee'' means an employee (as defined by section
2105 of title 5, United States Code) of the Department of
Veterans Affairs, who is serving under an appointment without
time limitation, and has been currently employed by such
Department for a continuous period of at least 3 years, but
does not include--
(1) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the Federal Government;
(2) an employee having a disability on the basis of which
such employee is eligible for disability retirement under
subchapter III of chapter 83 or chapter 84 of title 5, United
States Code, or another retirement system for employees of
the Federal Government;
(3) an employee who is in receipt of a specific notice of
involuntary separation for misconduct or unacceptable
performance;
(4) an employee who previously has received any voluntary
separation incentive payment by the Federal Government under
this Act or any other authority;
(5) an employee covered by statutory reemployment rights
who is on transfer to another organization; or
(6) any employee who, during the twenty-four month period
preceding the date of separation, has received a recruitment
or relocation bonus under section 5753 of title 5, United
States Code, or a recruitment bonus under section 7458 of
title 38, United States Code;
(7) any employee who, during the twelve-month period
preceding the date of separation, received a retention
allowance under section 5754 of title 5, United States Code,
or a retention bonus under section 7458 of title 38, United
States Code.
(c) ``Secretary'' means the Secretary of Veterans Affairs.
SEC. 3. DEPARTMENT PLANS; APPROVAL.
(a) In General.--The Secretary, before obligating any
resources for voluntary separation incentive payments, shall
submit to the Director of the Office of Management and Budget
a strategic plan outlining the use of such incentive payments
and a proposed organizational chart for the Department once
such incentive payments have been completed.
(b) Contents.--The plan shall specify--
(1) the positions and functions to be reduced or
eliminated, identified by organizational unit, geographic
location, occupational category and grade level; the proposed
coverage may be based on--
(A) any component of the Department;
(B) any occupation, level or type of position;
(C) any geographic location;
(D) other non-personal factors; or
(E) any appropriate combination of the factors in
paragraphs (A), (B), (C) and (D);
(2) the manner in which such reductions will improve
operating efficiency or meet actual or anticipated levels of
budget or staffing resources;
(3) the period of time during which incentives may be paid;
and
(4) a description of how the affected component(s) of the
Department will operate without the eliminated functions and
positions.
(c) Approval.--The Director of the Office of Management and
Budget shall approve or disapprove each plan submitted under
subsection (a), and may make appropriate modifications to the
plan with respect to the time period in which voluntary
separation incentives may be paid, with respect to the number
and amounts of incentive payments, or with respect to the
coverage of incentives on the basis of the factors in
subsection (b)(1).
SEC. 4. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) Authority To Provide Voluntary Separation Incentive
Payments.--
(1) In General.--The Secretary may pay a voluntary
separation incentive payment to
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an employee only to the extent necessary to reduce or
eliminate the positions and functions identified by the
strategic plan;
(2) Employees who may receive incentives.--In order to
receive a voluntary separation incentive payment, an employee
must separate from service with the Department voluntarily
(whether by retirement or resignation) under the provisions
of this Act;
(b) Amount and Treatment of Payments.--A voluntary
separation incentive payment--
(1) shall be paid in a lump sum after the employee's
separation;
(2) shall be equal to the lesser of--
(A) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, United
States Code, if the employee were entitled to payment under
such section (without adjustment for any previous payment
made under that section); or
(B) an amount determined by the Secretary, not to exceed
$25,000;
(3) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
(4) shall not be taken into account in determining the
amount of severance pay to which an employee may be entitled
under section 5595 of title 5, United States Code, based on
any other separation; and
(5) shall be paid from the appropriations or funds
available for payment of the basic pay of the employee.
SEC. 5 EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT.
(a) An individual who has received a voluntary separation
incentive payment under this Act and accepts any employment
with the Government of the United States, or who works for
any agency of the United States Government through a personal
services contract, within 5 years after the date of the
separation on which the payment is based shall be required to
repay, prior to the individual's first day of employment, the
entire amount of the incentive payment to the Department.
(b)(1) If the employment under subsection (a) is with an
Executive agency (as defined by section 105 of title 5,
United States Code), the United States Postal Service, or the
Postal Rate Commission, the Director of the Office of
Personnel Management may, at the request of the head of the
agency, waive the repayment if the individual involved
possesses unique abilities and is the only qualified
applicant available for the position.
(2) If the employment under subsection (a) is with an
entity in the legislative branch, the head of the entity or
the appointing official may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(3) If the employment under subsection (a) is with the
judicial branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(c) For the purpose of this section, the term
``employment'' includes--
(1) for the purposes of subsections (a) and (b), employment
of any length or under any type of appointment, but does not
include employment that is without compensation; and
(2) for the purpose of subsection (a), employment with any
agency of the United States Government through a personal
services contract.
SEC. 6. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT
FUND.
(a) In addition to any other payments which it is required
to make under subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, the Department shall remit to
the Office of Personnel Management for deposit in the
Treasury of the United States to the credit of the Civil
Service Retirement and Disability Fund an amount equal to 15
percent of the final basic pay of each employee of the
Department who is covered under subchapter III of chapter 83
or chapter 84 of title 5 to whom a voluntary separation
incentive has been paid under this Act.
(b) For the purpose of this section, the term `final basic
pay', with respect to an employee, means the total amount of
basic pay that would be payable for a year of service by that
employee, computed using the employee's final rate of basic
pay, and, if last serving on other than a full-time basis,
with appropriate adjustment therefor.
SEC. 7. REDUCTION OF AGENCY EMPLOYMENT LEVELS.
(a) In General.--The total full-time equivalent employment
in the Department shall be reduced by one for each separation
of an employee who receives a voluntary separation incentive
payment under this Act. The reduction will be calculated by
comparing the Department's full-time equivalent employment
for the fiscal year in which the voluntary separation
payments are made with the actual full-time equivalent
employment for the prior fiscal year.
(b) Enforcement.--The President, through the Office of
Management and Budget, shall monitor the Department and take
any action necessary to ensure that the requirements of this
section are met.
(c) Subsection (a) of this section may be waived upon a
determination by the President that--
(1) the existence of a state of war or other national
emergency so requires; or
(2) the existence of an extraordinary emergency which
threatens life, health, safety, property, or the environment,
so requires.
SEC. 8. CONTINUED HEALTH INSURANCE COVERAGE.
Section 8905a(d)(4) of title 5, United States Code, is
amended--
(1) in subparagraph (A) by inserting after force ``, or an
involuntary separation from a position in or under the
Department of Veterans Affairs due to a reduction in force or
a title 38 staffing adjustment'';
(2) in subparagraph (B) by inserting at the beginning
thereof ``With respect to the Department of Defense,'';
(3) by redesignating subparagraph (C) as subparagraph (D);
(4) by adding a new subparagraph (C) as follows:
(C) With respect to the Department of Veterans Affairs,
this paragraph shall apply with respect to any individual
whose continued coverage is based on a separation occurring
on or after the date of enactment of this paragraph and
before--
(i) October 1, 2004; or
(ii) February 1, 2005, if specific notice of such
separation was given to such individual before October 1,
2004.
SEC. 9. REGULATIONS.
The Director of the Office of Personnel Management may
prescribe any regulations necessary to administer the
provisions of this Act.
SEC. 10. LIMITATION; SAVINGS CLAUSE.
(a) No voluntary separation incentive under this Act may be
paid based on the separation of an employee after September
30, 2004;
(b) This Act supplements and does not supersede other
authority of the Secretary.
SEC. 11. EFFECTIVE DATE.
(a) This Act shall take effect on the date of enactment.
____
Analysis of Draft Bill
The first section provides a title for the bill,
``Department Of Veterans Affairs Employment Reduction
Assistance Act of 1999.''
Section 2 provides definitions of ``Department'',
employee'', and ``Secretary.'' Among the provisions, an
employee who has received any previous voluntary separation
incentive from the Federal Government is excluded from any
incentives under this Act.
Section 3 requires the VA Secretary to submit to the
Director of the Office of Management and Budget a strategic
plan outlining the use of voluntary separation incentive
payments to Department employees, and a proposed
organizational chart for the Department once such incentive
payments have been completed. The Secretary must submit the
plan before obligating any resources for such incentive
payments.
The plan must include the proposed coverage for offers of
incentives to Department employees, specifying the positions
and functions to be reduced or eliminated, identified by
organizational unit, geographic location, occupational
category and grade level. Coverage may be on the basis of any
component of the Department of Veterans Affairs, any
occupation, levels of an occupation or type of position, any
geographic location, other non-personal factors, or any
appropriate combination of these factors. The plan must also
specify the manner in which the planned employment reductions
will improve efficiency or meet budget or staffing levels.
The plan must also include a proposed time period for payment
of separation incentives, and a description of how the
affected component of the Department will operate without the
eliminated functions and positions.
The Director of the Office of Management and Budget shall
approve or disapprove each plan submitted, and may modify the
plan with respect to the time period of incentives, with
respect to the number and amounts of incentive payments, or
the coverage of incentive offers.
Section 4 authorizes the Secretary to pay a voluntary
separation incentive payment to an employee only to the
extent necessary to reduce or eliminate the positions and
functions identified by the strategic plan. It also requires
that an employee must separate from service with the
Department (whether by retirement or resignation) under the
Act in order to receive a voluntary separation incentive.
The voluntary separation incentive is to be paid in a lump
sum after the employee's separation. The incentive payment
would be for an amount equal to the lesser of the amount of
severance pay that the employee would be entitled to receive
under section 5595 of title 5, United States Code, if so
entitled, (without adjustment for any previous severance
pay), or an amount determined by the Secretary, not to
exceed $25,000. The incentive payment is not to be a basis
for the computation of any other type of Government
benefit, and is not be taken into account in determining
the amount of severance pay to which an employee may be
entitled based on any other separation. Appropriations for
employee basic pay are to be used to pay the incentive
payments.
Section 5 provides that any employee who receives a
voluntary separation incentive under this Act and then
accepts any employment with the Government within 5 years
after separating must, prior to the first day of such
employment, repay the entire amount of the incentive to the
agency that paid the incentive. If the subsequent employment
is with the Executive branch, including the United States
Postal Service, the Director of the Office of Personnel
Management may waive the repayment at the request of
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the agency head if the individual possesses unique ability
and is the only qualified applicant available for the
position. For subsequent employment in the legislative
branch, the head of the entity or the appointing official may
waive repayment on the same criteria. If the subsequent
employment is in the judicial branch, the Director of the
Administrative Office of the United States Courts may waive
repayment on the same criteria. For the purpose of the
repayment provisions, but not the waiver provisions,
employment includes employment under a personal service
contract. For the purpose of the repayment and waiver
provisions, employment does not include without compensation
employment.
Section 6 requires additional agency contributions to the
Civil Service Retirement and Disability Fund in amounts equal
to 15 percent of the final basic pay of each employee of the
Department who is covered by the Civil Service Retirement
System, or the Federal Employees' Retirement System, to whom
a voluntary separation incentive is paid under this Act. It
also defines ``final basic pay''.
Section 7 requires the reduction of full-time equivalent
employment (FTEE) in the Department of Veterans Affairs by
one FTEE for each separation of an employee who receives a
voluntary separation incentive under this Act. Also it
directs the Office of Management and Budget to take any
action necessary to ensure compliance. Reductions will be
calculated on a FTEE basis. For example, if the Department's
FTEE usage in FY 1998 was 1050 FTEEs, and 50 FTEE separate
during FY 1999 using voluntary separation incentive payments
provided under this Act, then the Department's staffing
levels at the end of FY 1999 shall not exceed 1000 FTEEs. The
President may waive the reduction in FTEE in the event of war
or emergency.
Section 8 amends section 8905a(d)(4) of title 5 to provide
that VA employees who are involuntarily separated in a
reduction in force or staffing adjustment, can continue
health benefits coverage for 18 months and be required to pay
only the employee's share of the premium. Section 8 also
extends the section 8905a sunset provisions for VA employees
for FY 1999 through FY2004.
Section 9 provides that the Director of OPM may prescribe
any regulations necessary to administer the provisions of the
Act.
Section 10 provides that no voluntary separation incentive
under the Act may be paid based on the separation of an
employee after September 30, 2004, and that the Act
supplements and does not supersede other authority of the
Secretary.
Section 11 provides that the Act is effective on the date
of enactment.
____
Department of Veterans Affairs,
Washington, DC.
Hon. Albert Gore, Jr.
President of the Senate,
Washington, DC.
Dear Mr. President: On behalf of the Department of Veterans
Affairs (VA), I am submitting a draft bill ``To provide a
temporary authority for the use of voluntary separation
incentives by the Department of Veterans Affairs to reduce
employment levels, restructure staff, and for other
purposes.'' The Department requests that it be referred to
the appropriate committee for prompt consideration and
enactment.
In the next several years, VA will undergo significant
changes. VA believes that separation incentives can be an
appropriate tool for those VA components that are redesigning
their employment mix, when the use of incentives is properly
related to the specific changes that are needed. Separation
incentives can also be an invaluable tool for components that
are restructuring and reengineering, such as the Veterans
Health Administration (VHA) and the Veterans Benefits
Administration (VBA), as they move towards primary care and
new methods of delivering services to veterans. Other VA
components also are engaged in reengineering and
restructuring, and would benefit from this authority. Under
the draft bill, the use of the incentives would be related to
the specific changes that are needed for reshaping VA for the
future. Further, the draft bill would appropriately limit the
time period for the incentive offers over the next five
fiscal years, when VA will accomplish these changes.
This initiative is based on VA's previous experience with
voluntary separation incentives under the Federal Workforce
Restructuring Act of 1994, and the Treasury, Postal Service,
and General Government Appropriations Act of 1997. We believe
that VA used these previous authorities conservatively,
responsibly, and effectively. As an example, VHA required
that elements allowing a buyout must abolish the position of
the employee receiving the buyout. VA has implemented a total
of 9,392 buyouts under both statutes, which is significantly
fewer than the total number authorized. VA's previous use of
buyouts significantly assisted VA in restructuring its
workforce, and enabled it to achieve downsizing and
streamlining goals while minimizing adverse impact on
employees, through such actions as involuntary separations.
* * * * *
The Office of Financial Management would like to offer
approximately 60 buyouts over the next five fiscal years to
support its plans to reduce and adjust the staffing mix in
its Franchise Fund and Supply Fund activities. Over this
period, these activities will undergo changes in program and
product lines, as well as new technologies. These changes
will require fewer employees and employees with different
skill sets the current employees. The Office of Financial
Management will target any incentive payments to specific
organizations, locations, occupations and grade levels.
Under the proposed bill, before obligating any resources
for any incentive payments, the VA Secretary must submit to
the Director of the Office of Management and Budget (OMB) a
strategic plan outlining the use of such incentive payments.
The plan must specify the positions and functions to be
reduced or eliminated, identified by organizational unit,
geographic location, occupational category and grade level.
Coverage may be on the basis of any component of VA, any
occupation, levels of an occupation or type of position, any
geographic location, other non-personal factors, or any
appropriate combination of these factors. The plan must also
specify the manner in which the planned employment reductions
would improve efficiency or meet budget or staffing levels.
The plan must also include a proposed time period for payment
of separation incentives, and a description of how the
affected VA component would operate without the eliminated
functions and positions. The Director of the OMB would
approve or disapprove each plan submitted, and would have
authority to modify the time period for payment of
incentives, the number and amounts of incentive payments, or
coverage of incentive offers. We believe that these
provisions for plan approval would ensure that separation
incentives are appropriately targeted within VA in view of
the specific cuts that are needed, and are offered on a
timely basis. Although VA would reduce full-time equivalent
employment by one for each employee receiving an incentive
payment who separates, we believe that service to veterans
would improve as a result of the reengineering that is
happening simultaneously within the system.
The authority for separation incentives would be in effect
for the period starting with the enactment of this Act and
ending September 30, 2004. The amount of an employee's
incentive would be the lesser of the amount that the
employee's severance pay would be, or an amount determined by
the Secretary, not to exceed $25,000.
Any employee who receives an incentive and then accepts any
employment with the Government within 5 years after
separating must, prior to the first day of employment, repay
the entire amount of the incentive. The repayment requirement
could be waived only under very stringent circumstances of
agency need.
This proposal would provide a very useful tool to assist in
reorganizing VA and reengineering services quickly,
effectively, and humanely, to provide higher quality service
to more veterans. We also believe that it is a tool that
would allow significant cost savings. The buyout would be
funded within the base in the President's FY 1999 Budget. If
VA receives authority before June 30, 1999, it could
implement buyouts in VBA with modest costs of $4.7 million in
FY 1999 and estimated savings of $13.3 million annually in
subsequent years. It also could implement buyouts in the
Office of Financial Management with savings of $320,000 in FY
1999 and estimated savings of approximately $1 million
annually in subsequent years. VHA would implement buyouts at
the beginning of FY 2000, with expected discretionary savings
of $103 million in FY 2000 and estimated savings of $220.1
million annually in subsequent years. VBA's savings for
buyouts authorized for FY 2000 would be $2.7 million, with
estimated savings of $15.5 million annually in subsequent
years. The Office of Financial Management savings for FY 2000
would be $992,000, with estimated savings of approximately $1
million annually in subsequent years. In addition, each
subsequent year's buyouts during the five-year period would
yield additional discretionary savings.
The Office of Management and Budget advises that there is
no objection to the submission of this draft bill from the
standpoint of the Administration's program.
Sincerely yours,
Sheila Clarke McCready,
Principal Deputy Assistant
Secretary for Congressional Affairs.
______
By Mr. INHOFE:
S. 944. A bill to amend Public Law 105-188 to provide for the mineral
leasing of certain Indian lands in Oklahoma; to the Committee on Indian
Affairs.
mineral leasing of certain indian lands in oklahoma
Mr. INHOFE. Mr. President, for too long, economic development in
Indian country has been hindered by antiquated rules and regulations,
many dating back to before the turn of the century. Many American
Indians continue to struggle, denied by bureaucracy the opportunity to
take steps to improve their position. I am proposing legislation today
that would reverse one of these situations.
Under current law, Indian lands owned by more than one person require
the consent of 100 percent of the owners before mineral development can
go
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forward. Oftentimes, this fractionated property is owned by over one
hundred people; it is difficult, if not impossible, to locate all the
owners. Once found, developers must obtain their unanimous consent. As
you can imagine, this creates a significant and often insurmountable
obstacle for leasing or other development. Last year, Congress lowered
this requirement for the Three Affiliated Tribes of the Fort Berthold
Indian Reservation to a majority, which more closely resembles
regulations for non-Indian land. By loosening the consent requirements,
these tribes have found the right balance between economic progress and
protection of landowners' rights.
I am proposing to extend last year's legislation to seven Oklahoma
tribes: the Comanche, Kiowa, Apache, Fort Sill Apache, Delaware, and
the Wichita and Affiliated Tribes. Oil and gas are the cornerstone of
Oklahoma's economy, but these tribes have by and large been left out of
this industry because of the stringent consent statutes. Increased
access to their own land would greatly facilitate mineral development,
bringing increased economic opportunity. These tribes and their members
will now be able to undertake oil and gas exploration which was
previously not possible. This will represent a significant advance
toward greater economic empowerment, breaking out of the constraints
now imposed on these tribes.
Common sense dictates that the first step of self-sufficiency is
being allowed to use the resources you already own. This proposal will
be equitable and beneficial to all parties involved. I look forward to
working with my colleagues on this and other such legislation that
would help American Indians achieve greater economic independence.
______
By Mr. DURBIN (for himself, Mr. Leahy, Mr. Kennedy, Mr. Feingold,
and Mr. Sarbanes):
S. 945. A bill to amend title 11, United States Code, and for other
purposes; to the Committee on the Judiciary.
consumer bankruptcy reform act of 1999
Mr. DURBIN. Mr. President, today, joined by colleagues, Senator
Leahy, Senator Kennedy, Senator Feingold and Senator Sarbanes, I am
introducing the bankruptcy reform bill that passed the Senate last year
by a vote of 97-1.
A constant theme that has guided me throughout the consideration of
bankruptcy legislation is balanced reform. You cannot have meaningful
bankruptcy reform without addressing both sides of the problem--
irresponsible debtors and irresponsible creditors.
Unfortunately, the bill we worked so hard to develop, was decimated
in conference and the result was a one-sided bill designed to reward
the credit industry and penalize American consumers. I could not
support it. I hope this year will be different.
The bankruptcy code is delicate balance. When you push one thing,
almost invariably something else will give. For that reason, it is
crucial for bankruptcy reform to be thoughtful and for the changes to
be targeted and not create more problems than they attempt to solve.
This year, Senator Grassley has introduced
S.625, the bankruptcy
reform bill of 1999. This bill has more similarities to last year's
conference report than the bipartisan measure that passed the Senate
last year by an overwhelming margin.
The Durbin-Leahy bill is fairer.
S.625 uses a means test adopted from
IRS collection allowances. The test would require every debtor,
regardless of income, who files for Chapter 7 bankruptcy to be
scrutinized by the U.S. trustee to determine whether the filling is
abusive. The bill creates a presumption that a case is abusive if a
debtor can pay the lesser of 25% of unsecured nonpriority claims or
$15,000 over 5 years. The IRS means test was designed for use on a case
by case basis, not as an automatic template.
In my home state, the average annual income for bankruptcy filers in
the Central District of Illinois for 1998 was $20,448, yet the average
amount of unsecured debt was $22,900. This figure shows that many
filers were hopelessly insolvent. They owed more money on debt that had
no collateral than their total income for the entire year. These
debtors don't even come close to meeting the standards that would
require them to convert their case to a chapter 13 case, but they will
be forced to go through additional scrutiny at extra costs to everyone
involved.
In contrast, the Durbin-Leahy bill gives courts discretion to dismiss
or convert a Chapter 7 bankruptcy case if the debtor can fund a Chapter
13 repayment plan. One of the factors for the court to consider in
making the decision is whether the debtor is capable of paying 30% of
unsecured claims under a 3 year plan. This reform can address abuses
without the complexity of certifying ability to pay in every case as
required by
S.625.
The Durbin-Leahy bill is cheaper because every case does not go
through means testing. By requiring the trustee to submit reports on
all filers the cost to trustees is dramatically increased with little
reward.
The means test in
S. 625 looks a lot like the means test in the House
bill. We now know that the means test in the House bill would only
apply to far less than 10% of Chapter 7 filings. A study released by
the American Bankruptcy Institute found that by using the test from the
House bill, 97% of sample Chapter 7 debtors had too little income to
repay even 20% of their unsecured debts over five years. As a result,
only 3% of the sample Chapter 7 filers had sufficient repayment
capacity to be barred from Chapter 7 under the rigid means test. This
means 100% of the filers would have to go through a process that would
only apply to 3% of the cases.
Beyond the administrative costs, there is the unneeded stress on poor
families. According to the National Conference on Bankruptcy Judges, a
review of surveys of Chapter 7 cases from 46 judicial districts in 33
states reveals that the median gross annual income for the 3151 cases
in 1998 was $21,540, some $15,000 lower than the 1997 national median
income for all families in the United States. Yet, the median amount of
unsecured nonpriority debt for these same debtors was $23,411. These
people are insolvent, and forcing them to go through unnecessary hoops
for little reward is unfair and ineffective.
The Durbin-Leahy bill is more balanced. The Durbin-Leahy bill
includes credit disclosures designed to help families understand their
debt and prevent them from incurring debt which makes them financially
vulnerable. Many families file for bankruptcy after a health crisis or
some other catastrophic event that prevents them from paying their
debts. For example, the survey conducted by the bankruptcy judges shows
that on average over 25% of bankruptcy cases involve debtors with
medical debts over $1000. By requiring more complete information for
debtors, they can make better credit decisions and avoid bankruptcy
altogether.
The Durbin-Leahy bill addresses abusive creditor practices. The
Durbin-Leahy bill protects the elderly from predatory lending
practices. Much of our discussion concerning reform of the nation's
bankruptcy laws has focused upon perceived abuses of the bankruptcy
system by consumer debtors. Far less discussion has occurred with
regard to abuses by creditors that help usher the nation's consumers
into bankruptcy. I believe that abuses exist on both sides of the
debtor-creditor relationship and that bankruptcy reform is incomplete
if it fails to address documented abuses among creditors.
Last year, I worked to protect elderly Americans by prohibiting a
high-cost mortgage lender who extended credit in violation of the
provisions of the Truth-In-Lending Act from collecting its claim in
bankruptcy. If the lender has failed to comply with the requirements of
the Truth-in-Lending Act for high-cost second mortgages, the lender
will have absolutely no claim against the bankruptcy estate. This
provision is not aimed at all lenders or at all second mortgages.
Indeed, it is aimed only at the worst, most predatory, of these by and
large worthy lenders. It is aimed only at practices that are already
illegal and it does not deal with technical or immaterial violations of
the Truth in Lending Act.
Disallowing the claims of predatory lenders in bankruptcy cases will
not end these predatory practices altogether. Yet it is one step we can
take to curb creditor abuse in a situation where the lender bears
primary responsibility for the deterioration of a consumer's financial
situation.
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I encourage my Senate colleagues to join Senator Leahy and me in this
effort. Bankruptcy reform must be balanced and must not create a nation
of financial outlaws.
Mr. President, 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. 945
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Consumer
Bankruptcy Reform Act of 1999''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--NEEDS-BASED BANKRUPTCY
Sec. 101. Conversion.
Sec. 102. Dismissal or conversion.
TITLE II--ENHANCED PROCEDURAL PROTECTIONS FOR CONSUMERS
Sec. 201. Allowance of claims or interests.
Sec. 202. Exceptions to discharge.
Sec. 203. Effect of discharge.
Sec. 204. Automatic stay.
Sec. 205. Discharge.
Sec. 206. Discouraging predatory lending practices.
Sec. 207. Enhanced disclosure for credit extensions secured by
dwelling.
Sec. 208. Dual-use debit card.
Sec. 209. Enhanced disclosures under an open end credit plan.
Sec. 210. Violations of the automatic stay.
Sec. 211. Discouraging abusive reaffirmation practices.
Sec. 212. Sense of Congress regarding the homestead exemption.
Sec. 213. Encouraging creditworthiness.
Sec. 214. Treasury Department study regarding security interests under
an open end credit plan.
TITLE III--IMPROVED PROCEDURES FOR EFFICIENT ADMINISTRATION OF THE
BANKRUPTCY SYSTEM
Sec. 301. Notice of alternatives.
Sec. 302. Fair treatment of secured creditors under chapter 13.
Sec. 303. Discouragement of bad faith repeat filings.
Sec. 304. Timely filing and confirmation of plans under chapter 13.
Sec. 305. Application of the codebtor stay only when the stay protects
the debtor.
Sec. 306. Improved bankruptcy statistics.
Sec. 307. Audit procedures.
Sec. 308. Creditor representation at first meeting of creditors.
Sec. 309. Fair notice for creditors in chapter 7 and 13 cases.
Sec. 310. Stopping abusive conversions from chapter 13.
Sec. 311. Prompt relief from stay in individual cases.
Sec. 312. Dismissal for failure to timely file schedules or provide
required information.
Sec. 313. Adequate time for preparation for a hearing on confirmation
of the plan.
Sec. 314. Discharge under chapter 13.
Sec. 315. Nondischargeable debts.
Sec. 316. Credit extensions on the eve of bankruptcy presumed
nondischargeable.
Sec. 317. Definition of household goods and antiques.
Sec. 318. Relief from stay when the debtor does not complete intended
surrender of consumer debt collateral.
Sec. 319. Adequate protection of lessors and purchase money secured
creditors.
Sec. 320. Limitation.
Sec. 321. Miscellaneous improvements.
Sec. 322. Bankruptcy judgeships.
Sec. 323. Definition of domestic support obligation.
Sec. 324. Priorities for claims for domestic support obligations.
Sec. 325. Requirements to obtain confirmation and discharge in cases
involving domestic support obligations.
Sec. 326. Exceptions to automatic stay in domestic support obligation
proceedings.
Sec. 327. Nondischargeability of certain debts for alimony,
maintenance, and support.
Sec. 328. Continued liability of property.
Sec. 329. Protection of domestic support claims against preferential
transfer motions.
Sec. 330. Protection of retirement savings in bankruptcy.
Sec. 331. Additional amendments to title 11, United States Code.
Sec. 332. Debt limit increase.
Sec. 333. Elimination of requirement that family farmer and spouse
receive over 50 percent of income from farming operation
in year prior to bankruptcy.
Sec. 334. Prohibition of retroactive assessment of disposable income.
Sec. 335. Amendment to section 1325 of title 11, United States Code.
Sec. 336. Protection of savings earmarked for the postsecondary
education of children.
TITLE IV--FINANCIAL INSTRUMENTS
Sec. 401. Bankruptcy Code amendments.
Sec. 402. Damage measure.
Sec. 403. Asset-backed securitizations.
Sec. 404. Prohibition on certain actions for failure to incur finance
charges.
Sec. 405. Fees arising from certain ownership interests.
Sec. 406. Bankruptcy fees.
Sec. 407. Applicability.
TITLE V--ANCILLARY AND OTHER CROSS-BORDER CASES
Sec. 501. Amendment to add chapter 6 to title 11, United States Code.
Sec. 502. Amendments to other chapters in title 11, United States Code.
TITLE VI--MISCELLANEOUS
Sec. 601. Executory contracts and unexpired leases.
Sec. 602. Expedited appeals of bankruptcy cases to courts of appeals.
Sec. 603. Creditors and equity security holders committees.
Sec. 604. Repeal of sunset provision.
Sec. 605. Cases ancillary to foreign proceedings.
Sec. 606. Limitation.
Sec. 607. Amendment to section 546 of title 11, United States Code.
Sec. 608. Amendment to section 330(a) of title 11, United States Code.
TITLE VII--TECHNICAL CORRECTIONS
Sec. 701. Adjustment of dollar amounts.
Sec. 702. Extension of time.
Sec. 703. Who may be a debtor.
Sec. 704. Penalty for persons who negligently or fraudulently prepare
bankruptcy petitions.
Sec. 705. Limitation on compensation of professional persons.
Sec. 706. Special tax provisions.
Sec. 707. Effect of conversion.
Sec. 708. Automatic stay.
Sec. 709. Allowance of administrative expenses.
Sec. 710. Priorities.
Sec. 711. Exemptions.
Sec. 712. Exceptions to discharge.
Sec. 713. Effect of discharge.
Sec. 714. Protection against discriminatory treatment.
Sec. 715. Property of the estate.
Sec. 716. Preferences.
Sec. 717. Postpetition transactions.
Sec. 718. Technical amendment.
Sec. 719. Disposition of property of the estate.
Sec. 720. General provisions.
Sec. 721. Appointment of elected trustee.
Sec. 722. Abandonment of railroad line.
Sec. 723. Contents of plan.
Sec. 724. Discharge under chapter 12.
Sec. 725. Extensions.
Sec. 726. Bankruptcy cases and proceedings.
Sec. 727. Knowing disregard of bankruptcy law or rule.
Sec. 728. Rolling stock equipment.
Sec. 729. Curbing abusive filings.
Sec. 730. Study of operation of title 11 of the United States Code with
respect to small businesses.
Sec. 731. Transfers made by nonprofit charitable corporations.
Sec. 732. Effective date; application of amendments.
TITLE I--NEEDS-BASED BANKRUPTCY
SEC. 101. CONVERSION.
Section 706(c) of title 11, United States Code, is amended
by inserting ``or consents to'' after ``requests''.
SEC. 102. DISMISSAL OR CONVERSION.
(a) In General.--Section 707 of title 11, United States
Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 707. Dismissal of a case or conversion to a case under
chapter 13'';
and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)'';
(B) in paragraph (1), as redesignated by subparagraph (A)
of this paragraph--
(i) in the first sentence--
(I) by striking ``but not'' and inserting ``or'';
(II) by inserting ``, or, with the debtor's consent,
convert such a case to a case under chapter 13,'' after
``consumer debts''; and
(III) by striking ``substantial abuse'' and inserting
``abuse''; and
(ii) by striking ``There shall be a presumption in favor of
granting the relief requested by the debtor.''; and
(C) by adding at the end the following:
``(2) In considering under paragraph (1) whether the
granting of relief would be an abuse of the provisions of
this chapter, the court shall consider whether--
``(A) under section 1325(b)(1), on the basis of the current
income of the debtor, the debtor could pay an amount greater
than or equal to 30 percent of unsecured claims that are not
considered to be priority claims (as determined under
subchapter I of chapter 5); or
``(B) the debtor filed a petition for the relief in bad
faith.
``(3)(A) If a panel trustee appointed under section
586(a)(1) of title 28 brings a motion for dismissal or
conversion under this subsection and the court grants that
motion and finds that the action of the counsel for the
debtor in filing under this chapter was not substantially
justified, the court shall order the counsel for the debtor
to reimburse the trustee for all reasonable costs in
prosecuting the motion, including reasonable attorneys' fees.
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``(B) If the court finds
Major Actions:
All articles in Senate section
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
(Senate - May 03, 1999)
Text of this article available as:
TXT
PDF
[Pages S4578-
S4605]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN (for himself, Mr. Chafee, Mr. Kennedy, Mr. Schumer,
Mr. Lautenberg, Mrs. Boxer, and Mr. Reed):
S. 936. A bill to prevent children from having access to firearms; to
the Committee on the Judiciary.
children's firearm access prevention act
Mr. DURBIN. Mr. President, I rise today with my colleagues Senator
Chafee, Senator Kennedy, Senator Schumer, Senator Lautenberg, Senator
Boxer, and Senator Reed to introduce the Child Firearm Access
Prevention Act of 1999.
Following the tragedy in Littleton, Colorado, it is natural to ask
``why'', but we also need to ask ``how?''
How do two teenagers enter their high school armed with a Tec 9,
semi-automatic assault rifle, two sawed off 12 gauge shotguns, a 9
millimeter semi-automatic pistol, 30 explosive devices and kill 13
innocent people?
There are those who say you can't pass laws to stop this behavior
because those inclined to do it will simply ignore the law. I guess the
message of this logic is if you can't solve the entire problem, you
shouldn't even try.
I think that logic is wrong. We have to act and we have to act now.
Everyday in America, 13 children die as a result of gun violence.
In the last two years our schools have been shattered by gun
violence.
October 1, 1997, Pearl, Mississippi: A sixteen year old boy killed
his mother then went to his high school and shot nine students, two
fatally.
December 1, 1997, West Paducah, Kentucky: Three students were killed
and five were wounded in a hallway at Heath High School by a 14 year
old classmate.
March 24, 1998, Jonesboro, Arkansas: Four girls and a teacher were
shot to death and 10 people were wounded during a false fire alarm at a
middle school when two boys 11 and 13 opened fire from the woods.
April 24, 1998, Edinboro, Pennsylvania: A science teacher was shot to
death in front of students at an eighth grade dance by a 14 year old
student.
May 19, 1998, Fayetteville, Tennessee: Three days before his
graduation, an 18 year old honor student allegedly opened fire in a
parking lot at a high school killing a classmate who was dating his ex-
girlfriend.
May 21, 1998, Springfield, Oregon: Two teen-agers were killed and
more than 20 people were hurt when a 15 year old boy allegedly opened
fire at a high school. The boy's parents were killed at their home.
There is something we can do to protect our children. Seventeen
states have already recognized the problem and passed a child firearm
access prevention law, which is known as a CAP law. These laws say to
those who purchase and own guns, it is not enough for you to follow the
law in purchasing them and to use the guns safely; you have another
responsibility. If you are going to own a firearm in your home, you
have to keep it safely and securely so that children do not have access
to it.
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These laws are effective. Florida was the first State to pass a CAP
law in 1989. The following year, unintentional shooting deaths of
children dropped 50%. Moreover, a study published in the Journal of the
American Medical Association (JAMA) in October of 1997 found a 23%
decrease in unintentional firearm related deaths among children younger
than 15 in those States that had implemented CAP laws. According to the
JAMA article, if all 50 states had CAP laws during the period of 1990-
94, 216 children might have lived.
Should we consider these state laws as a national model? I think the
obvious answer is yes. Unfortunately, the Littleton tragedy is no
longer unique.
Mr. President, what I propose today is Federal legislation that will
apply to every State, not just 17, but every State. And this is what it
says. If you want to own a handgun, a rifle or shotgun, and it is legal
to do so, you can; but if you own it, you have a responsibility to make
certain that it is kept securely and safely.
What does the bill do? The bill imposes criminal penalties for gun
owners who know or should know that a juvenile could gain access to the
gun, and a juvenile does gain access & thereby causes death or injury
or exhibits the gun in a public place. The gun owner is subject to a
prison sentence of up to 1 year and/or fined $10,000 (a misdemeanor
penalty). The bill also provides a felony provision for a reckless
violation.
The bill has 5 common sense exceptions. (1) The adult uses a trigger
lock, secure storage box, or other secure storage technique; (2) The
juvenile used the gun in a lawful act of self-defense; (3) The juvenile
takes the gun off the person of a law enforcement official; (4) The
owner has no reasonable expectation that juveniles will be on the
premises; and (5) The juvenile got the gun as a result of a burglary.
States which have passed CAP laws include: Florida, Connecticut,
Iowa, California, Nevada, New Jersey, Virginia, Wisconsin, Hawaii,
Maryland, Minnesota, North Carolina, Delaware, Rhode Island, Texas,
Massachusetts and Illinois. An examination of this list does not reveal
the most liberal states in America. The first State to pass this
legislation in 1989 was Florida and in 1995, Texas, certainly no
bleeding heart state by any political definition, passed a CAP law.
I ask my Senate colleagues to join me in this bipartisan effort to
protect children from the dangers of gun violence. Children and easy
access to guns are a recipe for tragedy.
Mr. President, I ask unanimous consent that a copy of the legislation
be printed in the Record.
There being no objection, the bill was order to be printed in the
Record, as follows:
S. 936
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 ``Children's Firearm Access
Prevention Act''.
SEC. 2. CHILDREN AND FIREARMS SAFETY.
(a) Definition.--Section 921(a)(34)(A) of title 18, United
States Code, is amended by inserting ``or removing'' after
``deactivating''.
(b) Prohibition.--Section 922 of title 18, United States
Code, is amended by inserting after subsection (y) the
following:
``(z) Prohibition Against Giving Juveniles Access to
Certain Firearms.--
``(1) Definition of juvenile.--In this subsection, the term
`juvenile' means an individual who has not attained the age
of 18 years.
``(2) Prohibition.--Except as provided in paragraph (3), it
shall be unlawful for any person to keep a loaded firearm, or
an unloaded firearm and ammunition for the firearm, any of
which has been shipped or transported in interstate or
foreign commerce or otherwise substantially affects
interstate or foreign commerce, within any premise that is
under the custody or control of that person if that person
knows, or reasonably should know, that a juvenile is capable
of gaining access to the firearm without the permission of
the parent or legal guardian of the juvenile.
``(3) Exceptions.--Paragraph (2) does not apply if--
``(A) the person uses a secure gun storage or safety device
for the firearm;
``(B) the person is a peace officer, a member of the Armed
Forces, or a member of the National Guard, and the juvenile
obtains the firearm during, or incidental to, the performance
of the official duties of the person in that capacity;
``(C) the juvenile obtains, or obtains and discharges, the
firearm in a lawful act of self-defense or defense of 1 or
more other persons;
``(D) the person has no reasonable expectation, based on
objective facts and circumstances, that a juvenile is likely
to be present on the premises on which the firearm is kept;
or
``(E) the juvenile obtains the firearm as a result of an
unlawful entry by any person.''.
(c) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(7) Whoever violates section 922(z), if a juvenile (as
defined in section 922(z)) obtains access to the firearm and
thereby causes death or bodily injury to the juvenile or to
any other person, or exhibits the firearm either in a public
place, or in violation of section 922(q)--
``(A) shall be fined not more than $10,000, imprisoned not
more than 1 year, or both; or
``(B) if such violation is reckless, shall be fined in
accordance with this title, imprisoned not more than 5 years,
or both.''.
(d) Role of Licensed Firearms Dealers.--Section 926 of
title 18, United States Code, is amended by adding at the end
the following:
``(d) Contents of Form.--The Secretary shall ensure that a
copy of section 922(z) appears on the form required to be
obtained by a licensed dealer from a prospective transferee
of a firearm.''.
(e) No Effect on State Law.--Nothing in this section or the
amendments made by this section shall be construed to preempt
any provision of the law of any State, the purpose of which
is to prevent juveniles from injuring themselves or others
with firearms.
______
By Mrs. HUTCHISON (for herself, Mr. McCain, Mr. Hollings, and Mr.
Inouye):
S. 937. A bill to authorize appropriations for fiscal years 2000 and
2001 for certain maritime programs of the Department of Transportation,
and for other purposes; to the Committee on Commerce, Science, and
Transportation.
maritime administration authorization act for fiscal years 2000 and
2001
Mrs. HUTCHISON. Mr. President, today I rise to introduce
legislation on behalf of myself, Senator McCain, chairman of the Senate
Commerce Committee, Senator Hollings, the ranking member of the
Commerce Committee and Senator Inouye, Surface Transportation and
Merchant Marine Subcommittee ranking member. This legislation
authorizes appropriations for fiscal year 2000 for the Maritime
Administration.
The introduction of this bill demonstrates our firm commitment to our
nation's maritime industry and our willingness to work with the
Maritime Administration to provide effective leadership on a wide range
of maritime issues. The bill was developed along with Administration
officials and provides a base to build upon in coming weeks.
There are several aspects of this measure that will require
interested members of the Senate to work together to come to a
consensus. Therefore, this bill can be viewed as a starting point for
reauthorizing the agency and making changes to U.S. maritime policy. I
look forward to working with members of the Committee and the
administration to find common ground for a final legislation.
The bill authorizes appropriations for the Maritime Administration
[MarAd] for fiscal year 2000 and covers two appropriated accounts: (1)
operations and training and (2) the shipbuilding loan guarantee program
authorized by Title XI of the Merchant Marine Act, 1936.
MarAd oversees the operations of U.S. Government-supported maritime
promotion programs, such as the Maritime Security Program, the state
maritime academies and the U.S. Merchant Marine Academy. I am a strong
supporter of the state maritime academies, in particular, and want to
ensure that they are adequately funded.
Title XI shipbuilding loan guarantee program is important to ensuring
critical shipbuilding capacity in the United States. This legislation
provides $6 million in loan guarantee funds for Title XI in FY2000.
However, this program has received substantially more in previous
years, and I look forward to working with the Administration to
determine the appropriate level of funding.
This bill codifies the administrative process associated with Title
XI. The measure provides the Secretary the authority to hold all bond
proceeds generated under Title XI during the construction period in
escrow. Currently, the Secretary must administratively establish a
separate construction fund with a private bond agent for a portion of
the bond proceeds not captured in escrow. This will eliminate the cost
associated with the establishment of the
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separate construction fund and better protect the government's
interest.
Futher, the measure provides the Secretary authority under Title XI
to collect and hold cash collateral in the U.S. Treasury, under certain
circumstances associated with a guaranteed transaction. This will
relieve the obligors and the agency from spending the time and money
associated with negotiating depository agreements and legal opinions in
Title XI transactions.
Additionally, the bill amends Title IX to provide a waiver of the
three year period bulk and breakbulk vessels newly registered under the
U.S. flag must wait in order to carry government-impelled cargo. The
waiver would be in effect for one year beginning on the date of
enactment.
Finally, the bill would reauthorize the War Risk Insurance Program
through June 30, 2005, change the requirement for an annual report to
Congress by the Maritime Administration detailing its's activities to a
biennial report, and make clear the ownership status of the vessel
named the Jeremiah O'Brien.
I look forward to working on this important legislation and hope my
colleagues will join me and the other sponsors in expeditiously moving
this authorization through the legislative process.
Mr. McCAIN. Mr. President, I am pleased to join Senator
Hutchison, Chairman of the Surface Transportation and Merchant Marine
Subcommittee in the introducing the Maritime Administration
Authorization Act for Fiscal Year 2000.
The bill was developed along with administration officials and
provides a firm base to build on in coming weeks. While I do not fully
agree with all aspects of this measure. I look forward to an open
debate in formulating final legislation.
The bill authorizes appropriations for the Maritime
Administration[MarAd] for fiscal year 2000 covering operations and
training along with the loan guarantee program authorized by title XI
of the Merchant Marine Act, 1936. MarAd's oversight of the operations
of U.S. Government-suppored maritime promotion programs are as
important toady as ever. With increasing pressure on our nation's
military resources, MarAd's administration of the Martime Security
Program provides an important link in insuring that our troops world
wide receive essential supplies in a timely and efficient manor.
This bill will streamline several administrative processes associated
with the Title XI Loan Guarantee Program. The measure provides the
Secretary of Transportation with additional authority to secure loan
guaranteed by allowing collateral collected to be held in the U.S.
Treasury. This will not only save time and money associated with
negotiating depository agreements but will provide greater security for
tax payers funds appropriated for this program.
Further, the bill amends Title IX of the Merchant Marine At of 1936
to provide a waiver for eliminating the three year period bulk and
breakbulk vessels newly registered under the U.S. flag must wait in
order to carry government-impelled cargo; reauthorize the War Risk
Insurance Program through June 30, 2005; reduces the requirement for an
annual report to Congress by the Maritime Administration detailing
its's activities to be a biennial report; and makes clear the ownership
status of the vessel names the Jeremian O'Brien.
I am pleased that the Subcommittee is taking this action today and
will join Senator Hutchison and the other sponsors in expeditiously
moving this authorization through the legislative proceeds.
______
By Mr. SPECTER (by request):
S. 940. A bill to provide a temporary authority for the use of
voluntary separation incentives by the Department of Veterans Affairs
to reduce employment levels, restructure staff, and for other purposes;
to the Committee on Veterans' Affairs.
department of veterans affairs employment reduction assistance act of
1999
Mr. SPECTER. Mr. President, as chairman of the Committee on Veterans'
Affairs, I have today introduced, at the request of the Department of
Veterans Affairs,
S. 940, the proposed Department of Veterans Affairs
Employment Reduction Assistance Act of 1999. The Department of Veterans
Affairs submitted this legislation to the President of the Senate by an
undated letter received by the President of the Senate on April 13,
1999.
My introduction of this measure is in keeping with the policy which I
have adopted of generally introducing--so that there will be specific
bills to which my colleagues and others may direct their attention and
comments--all Administration-proposed draft legislation referred to the
Committee on Veterans' Affairs. Thus, I reserve the right to support or
oppose the provisions of, as well as any amendment to, this
legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record, together with the transmittal letter and the
enclosed analysis of the draft legislation which accompanied it.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 940
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans
Affairs Employment Reduction Assistance Act of 1999.''
SEC. 2. DEFINITIONS.
For the purpose of this Act--
(a) ``Department'' means the Department of Veterans
Affairs.
(b) ``Employee'' means an employee (as defined by section
2105 of title 5, United States Code) of the Department of
Veterans Affairs, who is serving under an appointment without
time limitation, and has been currently employed by such
Department for a continuous period of at least 3 years, but
does not include--
(1) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the Federal Government;
(2) an employee having a disability on the basis of which
such employee is eligible for disability retirement under
subchapter III of chapter 83 or chapter 84 of title 5, United
States Code, or another retirement system for employees of
the Federal Government;
(3) an employee who is in receipt of a specific notice of
involuntary separation for misconduct or unacceptable
performance;
(4) an employee who previously has received any voluntary
separation incentive payment by the Federal Government under
this Act or any other authority;
(5) an employee covered by statutory reemployment rights
who is on transfer to another organization; or
(6) any employee who, during the twenty-four month period
preceding the date of separation, has received a recruitment
or relocation bonus under section 5753 of title 5, United
States Code, or a recruitment bonus under section 7458 of
title 38, United States Code;
(7) any employee who, during the twelve-month period
preceding the date of separation, received a retention
allowance under section 5754 of title 5, United States Code,
or a retention bonus under section 7458 of title 38, United
States Code.
(c) ``Secretary'' means the Secretary of Veterans Affairs.
SEC. 3. DEPARTMENT PLANS; APPROVAL.
(a) In General.--The Secretary, before obligating any
resources for voluntary separation incentive payments, shall
submit to the Director of the Office of Management and Budget
a strategic plan outlining the use of such incentive payments
and a proposed organizational chart for the Department once
such incentive payments have been completed.
(b) Contents.--The plan shall specify--
(1) the positions and functions to be reduced or
eliminated, identified by organizational unit, geographic
location, occupational category and grade level; the proposed
coverage may be based on--
(A) any component of the Department;
(B) any occupation, level or type of position;
(C) any geographic location;
(D) other non-personal factors; or
(E) any appropriate combination of the factors in
paragraphs (A), (B), (C) and (D);
(2) the manner in which such reductions will improve
operating efficiency or meet actual or anticipated levels of
budget or staffing resources;
(3) the period of time during which incentives may be paid;
and
(4) a description of how the affected component(s) of the
Department will operate without the eliminated functions and
positions.
(c) Approval.--The Director of the Office of Management and
Budget shall approve or disapprove each plan submitted under
subsection (a), and may make appropriate modifications to the
plan with respect to the time period in which voluntary
separation incentives may be paid, with respect to the number
and amounts of incentive payments, or with respect to the
coverage of incentives on the basis of the factors in
subsection (b)(1).
SEC. 4. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) Authority To Provide Voluntary Separation Incentive
Payments.--
(1) In General.--The Secretary may pay a voluntary
separation incentive payment to
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an employee only to the extent necessary to reduce or
eliminate the positions and functions identified by the
strategic plan;
(2) Employees who may receive incentives.--In order to
receive a voluntary separation incentive payment, an employee
must separate from service with the Department voluntarily
(whether by retirement or resignation) under the provisions
of this Act;
(b) Amount and Treatment of Payments.--A voluntary
separation incentive payment--
(1) shall be paid in a lump sum after the employee's
separation;
(2) shall be equal to the lesser of--
(A) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, United
States Code, if the employee were entitled to payment under
such section (without adjustment for any previous payment
made under that section); or
(B) an amount determined by the Secretary, not to exceed
$25,000;
(3) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
(4) shall not be taken into account in determining the
amount of severance pay to which an employee may be entitled
under section 5595 of title 5, United States Code, based on
any other separation; and
(5) shall be paid from the appropriations or funds
available for payment of the basic pay of the employee.
SEC. 5 EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT.
(a) An individual who has received a voluntary separation
incentive payment under this Act and accepts any employment
with the Government of the United States, or who works for
any agency of the United States Government through a personal
services contract, within 5 years after the date of the
separation on which the payment is based shall be required to
repay, prior to the individual's first day of employment, the
entire amount of the incentive payment to the Department.
(b)(1) If the employment under subsection (a) is with an
Executive agency (as defined by section 105 of title 5,
United States Code), the United States Postal Service, or the
Postal Rate Commission, the Director of the Office of
Personnel Management may, at the request of the head of the
agency, waive the repayment if the individual involved
possesses unique abilities and is the only qualified
applicant available for the position.
(2) If the employment under subsection (a) is with an
entity in the legislative branch, the head of the entity or
the appointing official may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(3) If the employment under subsection (a) is with the
judicial branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(c) For the purpose of this section, the term
``employment'' includes--
(1) for the purposes of subsections (a) and (b), employment
of any length or under any type of appointment, but does not
include employment that is without compensation; and
(2) for the purpose of subsection (a), employment with any
agency of the United States Government through a personal
services contract.
SEC. 6. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT
FUND.
(a) In addition to any other payments which it is required
to make under subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, the Department shall remit to
the Office of Personnel Management for deposit in the
Treasury of the United States to the credit of the Civil
Service Retirement and Disability Fund an amount equal to 15
percent of the final basic pay of each employee of the
Department who is covered under subchapter III of chapter 83
or chapter 84 of title 5 to whom a voluntary separation
incentive has been paid under this Act.
(b) For the purpose of this section, the term `final basic
pay', with respect to an employee, means the total amount of
basic pay that would be payable for a year of service by that
employee, computed using the employee's final rate of basic
pay, and, if last serving on other than a full-time basis,
with appropriate adjustment therefor.
SEC. 7. REDUCTION OF AGENCY EMPLOYMENT LEVELS.
(a) In General.--The total full-time equivalent employment
in the Department shall be reduced by one for each separation
of an employee who receives a voluntary separation incentive
payment under this Act. The reduction will be calculated by
comparing the Department's full-time equivalent employment
for the fiscal year in which the voluntary separation
payments are made with the actual full-time equivalent
employment for the prior fiscal year.
(b) Enforcement.--The President, through the Office of
Management and Budget, shall monitor the Department and take
any action necessary to ensure that the requirements of this
section are met.
(c) Subsection (a) of this section may be waived upon a
determination by the President that--
(1) the existence of a state of war or other national
emergency so requires; or
(2) the existence of an extraordinary emergency which
threatens life, health, safety, property, or the environment,
so requires.
SEC. 8. CONTINUED HEALTH INSURANCE COVERAGE.
Section 8905a(d)(4) of title 5, United States Code, is
amended--
(1) in subparagraph (A) by inserting after force ``, or an
involuntary separation from a position in or under the
Department of Veterans Affairs due to a reduction in force or
a title 38 staffing adjustment'';
(2) in subparagraph (B) by inserting at the beginning
thereof ``With respect to the Department of Defense,'';
(3) by redesignating subparagraph (C) as subparagraph (D);
(4) by adding a new subparagraph (C) as follows:
(C) With respect to the Department of Veterans Affairs,
this paragraph shall apply with respect to any individual
whose continued coverage is based on a separation occurring
on or after the date of enactment of this paragraph and
before--
(i) October 1, 2004; or
(ii) February 1, 2005, if specific notice of such
separation was given to such individual before October 1,
2004.
SEC. 9. REGULATIONS.
The Director of the Office of Personnel Management may
prescribe any regulations necessary to administer the
provisions of this Act.
SEC. 10. LIMITATION; SAVINGS CLAUSE.
(a) No voluntary separation incentive under this Act may be
paid based on the separation of an employee after September
30, 2004;
(b) This Act supplements and does not supersede other
authority of the Secretary.
SEC. 11. EFFECTIVE DATE.
(a) This Act shall take effect on the date of enactment.
____
Analysis of Draft Bill
The first section provides a title for the bill,
``Department Of Veterans Affairs Employment Reduction
Assistance Act of 1999.''
Section 2 provides definitions of ``Department'',
employee'', and ``Secretary.'' Among the provisions, an
employee who has received any previous voluntary separation
incentive from the Federal Government is excluded from any
incentives under this Act.
Section 3 requires the VA Secretary to submit to the
Director of the Office of Management and Budget a strategic
plan outlining the use of voluntary separation incentive
payments to Department employees, and a proposed
organizational chart for the Department once such incentive
payments have been completed. The Secretary must submit the
plan before obligating any resources for such incentive
payments.
The plan must include the proposed coverage for offers of
incentives to Department employees, specifying the positions
and functions to be reduced or eliminated, identified by
organizational unit, geographic location, occupational
category and grade level. Coverage may be on the basis of any
component of the Department of Veterans Affairs, any
occupation, levels of an occupation or type of position, any
geographic location, other non-personal factors, or any
appropriate combination of these factors. The plan must also
specify the manner in which the planned employment reductions
will improve efficiency or meet budget or staffing levels.
The plan must also include a proposed time period for payment
of separation incentives, and a description of how the
affected component of the Department will operate without the
eliminated functions and positions.
The Director of the Office of Management and Budget shall
approve or disapprove each plan submitted, and may modify the
plan with respect to the time period of incentives, with
respect to the number and amounts of incentive payments, or
the coverage of incentive offers.
Section 4 authorizes the Secretary to pay a voluntary
separation incentive payment to an employee only to the
extent necessary to reduce or eliminate the positions and
functions identified by the strategic plan. It also requires
that an employee must separate from service with the
Department (whether by retirement or resignation) under the
Act in order to receive a voluntary separation incentive.
The voluntary separation incentive is to be paid in a lump
sum after the employee's separation. The incentive payment
would be for an amount equal to the lesser of the amount of
severance pay that the employee would be entitled to receive
under section 5595 of title 5, United States Code, if so
entitled, (without adjustment for any previous severance
pay), or an amount determined by the Secretary, not to
exceed $25,000. The incentive payment is not to be a basis
for the computation of any other type of Government
benefit, and is not be taken into account in determining
the amount of severance pay to which an employee may be
entitled based on any other separation. Appropriations for
employee basic pay are to be used to pay the incentive
payments.
Section 5 provides that any employee who receives a
voluntary separation incentive under this Act and then
accepts any employment with the Government within 5 years
after separating must, prior to the first day of such
employment, repay the entire amount of the incentive to the
agency that paid the incentive. If the subsequent employment
is with the Executive branch, including the United States
Postal Service, the Director of the Office of Personnel
Management may waive the repayment at the request of
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S4582]]
the agency head if the individual possesses unique ability
and is the only qualified applicant available for the
position. For subsequent employment in the legislative
branch, the head of the entity or the appointing official may
waive repayment on the same criteria. If the subsequent
employment is in the judicial branch, the Director of the
Administrative Office of the United States Courts may waive
repayment on the same criteria. For the purpose of the
repayment provisions, but not the waiver provisions,
employment includes employment under a personal service
contract. For the purpose of the repayment and waiver
provisions, employment does not include without compensation
employment.
Section 6 requires additional agency contributions to the
Civil Service Retirement and Disability Fund in amounts equal
to 15 percent of the final basic pay of each employee of the
Department who is covered by the Civil Service Retirement
System, or the Federal Employees' Retirement System, to whom
a voluntary separation incentive is paid under this Act. It
also defines ``final basic pay''.
Section 7 requires the reduction of full-time equivalent
employment (FTEE) in the Department of Veterans Affairs by
one FTEE for each separation of an employee who receives a
voluntary separation incentive under this Act. Also it
directs the Office of Management and Budget to take any
action necessary to ensure compliance. Reductions will be
calculated on a FTEE basis. For example, if the Department's
FTEE usage in FY 1998 was 1050 FTEEs, and 50 FTEE separate
during FY 1999 using voluntary separation incentive payments
provided under this Act, then the Department's staffing
levels at the end of FY 1999 shall not exceed 1000 FTEEs. The
President may waive the reduction in FTEE in the event of war
or emergency.
Section 8 amends section 8905a(d)(4) of title 5 to provide
that VA employees who are involuntarily separated in a
reduction in force or staffing adjustment, can continue
health benefits coverage for 18 months and be required to pay
only the employee's share of the premium. Section 8 also
extends the section 8905a sunset provisions for VA employees
for FY 1999 through FY2004.
Section 9 provides that the Director of OPM may prescribe
any regulations necessary to administer the provisions of the
Act.
Section 10 provides that no voluntary separation incentive
under the Act may be paid based on the separation of an
employee after September 30, 2004, and that the Act
supplements and does not supersede other authority of the
Secretary.
Section 11 provides that the Act is effective on the date
of enactment.
____
Department of Veterans Affairs,
Washington, DC.
Hon. Albert Gore, Jr.
President of the Senate,
Washington, DC.
Dear Mr. President: On behalf of the Department of Veterans
Affairs (VA), I am submitting a draft bill ``To provide a
temporary authority for the use of voluntary separation
incentives by the Department of Veterans Affairs to reduce
employment levels, restructure staff, and for other
purposes.'' The Department requests that it be referred to
the appropriate committee for prompt consideration and
enactment.
In the next several years, VA will undergo significant
changes. VA believes that separation incentives can be an
appropriate tool for those VA components that are redesigning
their employment mix, when the use of incentives is properly
related to the specific changes that are needed. Separation
incentives can also be an invaluable tool for components that
are restructuring and reengineering, such as the Veterans
Health Administration (VHA) and the Veterans Benefits
Administration (VBA), as they move towards primary care and
new methods of delivering services to veterans. Other VA
components also are engaged in reengineering and
restructuring, and would benefit from this authority. Under
the draft bill, the use of the incentives would be related to
the specific changes that are needed for reshaping VA for the
future. Further, the draft bill would appropriately limit the
time period for the incentive offers over the next five
fiscal years, when VA will accomplish these changes.
This initiative is based on VA's previous experience with
voluntary separation incentives under the Federal Workforce
Restructuring Act of 1994, and the Treasury, Postal Service,
and General Government Appropriations Act of 1997. We believe
that VA used these previous authorities conservatively,
responsibly, and effectively. As an example, VHA required
that elements allowing a buyout must abolish the position of
the employee receiving the buyout. VA has implemented a total
of 9,392 buyouts under both statutes, which is significantly
fewer than the total number authorized. VA's previous use of
buyouts significantly assisted VA in restructuring its
workforce, and enabled it to achieve downsizing and
streamlining goals while minimizing adverse impact on
employees, through such actions as involuntary separations.
* * * * *
The Office of Financial Management would like to offer
approximately 60 buyouts over the next five fiscal years to
support its plans to reduce and adjust the staffing mix in
its Franchise Fund and Supply Fund activities. Over this
period, these activities will undergo changes in program and
product lines, as well as new technologies. These changes
will require fewer employees and employees with different
skill sets the current employees. The Office of Financial
Management will target any incentive payments to specific
organizations, locations, occupations and grade levels.
Under the proposed bill, before obligating any resources
for any incentive payments, the VA Secretary must submit to
the Director of the Office of Management and Budget (OMB) a
strategic plan outlining the use of such incentive payments.
The plan must specify the positions and functions to be
reduced or eliminated, identified by organizational unit,
geographic location, occupational category and grade level.
Coverage may be on the basis of any component of VA, any
occupation, levels of an occupation or type of position, any
geographic location, other non-personal factors, or any
appropriate combination of these factors. The plan must also
specify the manner in which the planned employment reductions
would improve efficiency or meet budget or staffing levels.
The plan must also include a proposed time period for payment
of separation incentives, and a description of how the
affected VA component would operate without the eliminated
functions and positions. The Director of the OMB would
approve or disapprove each plan submitted, and would have
authority to modify the time period for payment of
incentives, the number and amounts of incentive payments, or
coverage of incentive offers. We believe that these
provisions for plan approval would ensure that separation
incentives are appropriately targeted within VA in view of
the specific cuts that are needed, and are offered on a
timely basis. Although VA would reduce full-time equivalent
employment by one for each employee receiving an incentive
payment who separates, we believe that service to veterans
would improve as a result of the reengineering that is
happening simultaneously within the system.
The authority for separation incentives would be in effect
for the period starting with the enactment of this Act and
ending September 30, 2004. The amount of an employee's
incentive would be the lesser of the amount that the
employee's severance pay would be, or an amount determined by
the Secretary, not to exceed $25,000.
Any employee who receives an incentive and then accepts any
employment with the Government within 5 years after
separating must, prior to the first day of employment, repay
the entire amount of the incentive. The repayment requirement
could be waived only under very stringent circumstances of
agency need.
This proposal would provide a very useful tool to assist in
reorganizing VA and reengineering services quickly,
effectively, and humanely, to provide higher quality service
to more veterans. We also believe that it is a tool that
would allow significant cost savings. The buyout would be
funded within the base in the President's FY 1999 Budget. If
VA receives authority before June 30, 1999, it could
implement buyouts in VBA with modest costs of $4.7 million in
FY 1999 and estimated savings of $13.3 million annually in
subsequent years. It also could implement buyouts in the
Office of Financial Management with savings of $320,000 in FY
1999 and estimated savings of approximately $1 million
annually in subsequent years. VHA would implement buyouts at
the beginning of FY 2000, with expected discretionary savings
of $103 million in FY 2000 and estimated savings of $220.1
million annually in subsequent years. VBA's savings for
buyouts authorized for FY 2000 would be $2.7 million, with
estimated savings of $15.5 million annually in subsequent
years. The Office of Financial Management savings for FY 2000
would be $992,000, with estimated savings of approximately $1
million annually in subsequent years. In addition, each
subsequent year's buyouts during the five-year period would
yield additional discretionary savings.
The Office of Management and Budget advises that there is
no objection to the submission of this draft bill from the
standpoint of the Administration's program.
Sincerely yours,
Sheila Clarke McCready,
Principal Deputy Assistant
Secretary for Congressional Affairs.
______
By Mr. INHOFE:
S. 944. A bill to amend Public Law 105-188 to provide for the mineral
leasing of certain Indian lands in Oklahoma; to the Committee on Indian
Affairs.
mineral leasing of certain indian lands in oklahoma
Mr. INHOFE. Mr. President, for too long, economic development in
Indian country has been hindered by antiquated rules and regulations,
many dating back to before the turn of the century. Many American
Indians continue to struggle, denied by bureaucracy the opportunity to
take steps to improve their position. I am proposing legislation today
that would reverse one of these situations.
Under current law, Indian lands owned by more than one person require
the consent of 100 percent of the owners before mineral development can
go
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forward. Oftentimes, this fractionated property is owned by over one
hundred people; it is difficult, if not impossible, to locate all the
owners. Once found, developers must obtain their unanimous consent. As
you can imagine, this creates a significant and often insurmountable
obstacle for leasing or other development. Last year, Congress lowered
this requirement for the Three Affiliated Tribes of the Fort Berthold
Indian Reservation to a majority, which more closely resembles
regulations for non-Indian land. By loosening the consent requirements,
these tribes have found the right balance between economic progress and
protection of landowners' rights.
I am proposing to extend last year's legislation to seven Oklahoma
tribes: the Comanche, Kiowa, Apache, Fort Sill Apache, Delaware, and
the Wichita and Affiliated Tribes. Oil and gas are the cornerstone of
Oklahoma's economy, but these tribes have by and large been left out of
this industry because of the stringent consent statutes. Increased
access to their own land would greatly facilitate mineral development,
bringing increased economic opportunity. These tribes and their members
will now be able to undertake oil and gas exploration which was
previously not possible. This will represent a significant advance
toward greater economic empowerment, breaking out of the constraints
now imposed on these tribes.
Common sense dictates that the first step of self-sufficiency is
being allowed to use the resources you already own. This proposal will
be equitable and beneficial to all parties involved. I look forward to
working with my colleagues on this and other such legislation that
would help American Indians achieve greater economic independence.
______
By Mr. DURBIN (for himself, Mr. Leahy, Mr. Kennedy, Mr. Feingold,
and Mr. Sarbanes):
S. 945. A bill to amend title 11, United States Code, and for other
purposes; to the Committee on the Judiciary.
consumer bankruptcy reform act of 1999
Mr. DURBIN. Mr. President, today, joined by colleagues, Senator
Leahy, Senator Kennedy, Senator Feingold and Senator Sarbanes, I am
introducing the bankruptcy reform bill that passed the Senate last year
by a vote of 97-1.
A constant theme that has guided me throughout the consideration of
bankruptcy legislation is balanced reform. You cannot have meaningful
bankruptcy reform without addressing both sides of the problem--
irresponsible debtors and irresponsible creditors.
Unfortunately, the bill we worked so hard to develop, was decimated
in conference and the result was a one-sided bill designed to reward
the credit industry and penalize American consumers. I could not
support it. I hope this year will be different.
The bankruptcy code is delicate balance. When you push one thing,
almost invariably something else will give. For that reason, it is
crucial for bankruptcy reform to be thoughtful and for the changes to
be targeted and not create more problems than they attempt to solve.
This year, Senator Grassley has introduced
S.625, the bankruptcy
reform bill of 1999. This bill has more similarities to last year's
conference report than the bipartisan measure that passed the Senate
last year by an overwhelming margin.
The Durbin-Leahy bill is fairer.
S.625 uses a means test adopted from
IRS collection allowances. The test would require every debtor,
regardless of income, who files for Chapter 7 bankruptcy to be
scrutinized by the U.S. trustee to determine whether the filling is
abusive. The bill creates a presumption that a case is abusive if a
debtor can pay the lesser of 25% of unsecured nonpriority claims or
$15,000 over 5 years. The IRS means test was designed for use on a case
by case basis, not as an automatic template.
In my home state, the average annual income for bankruptcy filers in
the Central District of Illinois for 1998 was $20,448, yet the average
amount of unsecured debt was $22,900. This figure shows that many
filers were hopelessly insolvent. They owed more money on debt that had
no collateral than their total income for the entire year. These
debtors don't even come close to meeting the standards that would
require them to convert their case to a chapter 13 case, but they will
be forced to go through additional scrutiny at extra costs to everyone
involved.
In contrast, the Durbin-Leahy bill gives courts discretion to dismiss
or convert a Chapter 7 bankruptcy case if the debtor can fund a Chapter
13 repayment plan. One of the factors for the court to consider in
making the decision is whether the debtor is capable of paying 30% of
unsecured claims under a 3 year plan. This reform can address abuses
without the complexity of certifying ability to pay in every case as
required by
S.625.
The Durbin-Leahy bill is cheaper because every case does not go
through means testing. By requiring the trustee to submit reports on
all filers the cost to trustees is dramatically increased with little
reward.
The means test in
S. 625 looks a lot like the means test in the House
bill. We now know that the means test in the House bill would only
apply to far less than 10% of Chapter 7 filings. A study released by
the American Bankruptcy Institute found that by using the test from the
House bill, 97% of sample Chapter 7 debtors had too little income to
repay even 20% of their unsecured debts over five years. As a result,
only 3% of the sample Chapter 7 filers had sufficient repayment
capacity to be barred from Chapter 7 under the rigid means test. This
means 100% of the filers would have to go through a process that would
only apply to 3% of the cases.
Beyond the administrative costs, there is the unneeded stress on poor
families. According to the National Conference on Bankruptcy Judges, a
review of surveys of Chapter 7 cases from 46 judicial districts in 33
states reveals that the median gross annual income for the 3151 cases
in 1998 was $21,540, some $15,000 lower than the 1997 national median
income for all families in the United States. Yet, the median amount of
unsecured nonpriority debt for these same debtors was $23,411. These
people are insolvent, and forcing them to go through unnecessary hoops
for little reward is unfair and ineffective.
The Durbin-Leahy bill is more balanced. The Durbin-Leahy bill
includes credit disclosures designed to help families understand their
debt and prevent them from incurring debt which makes them financially
vulnerable. Many families file for bankruptcy after a health crisis or
some other catastrophic event that prevents them from paying their
debts. For example, the survey conducted by the bankruptcy judges shows
that on average over 25% of bankruptcy cases involve debtors with
medical debts over $1000. By requiring more complete information for
debtors, they can make better credit decisions and avoid bankruptcy
altogether.
The Durbin-Leahy bill addresses abusive creditor practices. The
Durbin-Leahy bill protects the elderly from predatory lending
practices. Much of our discussion concerning reform of the nation's
bankruptcy laws has focused upon perceived abuses of the bankruptcy
system by consumer debtors. Far less discussion has occurred with
regard to abuses by creditors that help usher the nation's consumers
into bankruptcy. I believe that abuses exist on both sides of the
debtor-creditor relationship and that bankruptcy reform is incomplete
if it fails to address documented abuses among creditors.
Last year, I worked to protect elderly Americans by prohibiting a
high-cost mortgage lender who extended credit in violation of the
provisions of the Truth-In-Lending Act from collecting its claim in
bankruptcy. If the lender has failed to comply with the requirements of
the Truth-in-Lending Act for high-cost second mortgages, the lender
will have absolutely no claim against the bankruptcy estate. This
provision is not aimed at all lenders or at all second mortgages.
Indeed, it is aimed only at the worst, most predatory, of these by and
large worthy lenders. It is aimed only at practices that are already
illegal and it does not deal with technical or immaterial violations of
the Truth in Lending Act.
Disallowing the claims of predatory lenders in bankruptcy cases will
not end these predatory practices altogether. Yet it is one step we can
take to curb creditor abuse in a situation where the lender bears
primary responsibility for the deterioration of a consumer's financial
situation.
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I encourage my Senate colleagues to join Senator Leahy and me in this
effort. Bankruptcy reform must be balanced and must not create a nation
of financial outlaws.
Mr. President, 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. 945
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Consumer
Bankruptcy Reform Act of 1999''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--NEEDS-BASED BANKRUPTCY
Sec. 101. Conversion.
Sec. 102. Dismissal or conversion.
TITLE II--ENHANCED PROCEDURAL PROTECTIONS FOR CONSUMERS
Sec. 201. Allowance of claims or interests.
Sec. 202. Exceptions to discharge.
Sec. 203. Effect of discharge.
Sec. 204. Automatic stay.
Sec. 205. Discharge.
Sec. 206. Discouraging predatory lending practices.
Sec. 207. Enhanced disclosure for credit extensions secured by
dwelling.
Sec. 208. Dual-use debit card.
Sec. 209. Enhanced disclosures under an open end credit plan.
Sec. 210. Violations of the automatic stay.
Sec. 211. Discouraging abusive reaffirmation practices.
Sec. 212. Sense of Congress regarding the homestead exemption.
Sec. 213. Encouraging creditworthiness.
Sec. 214. Treasury Department study regarding security interests under
an open end credit plan.
TITLE III--IMPROVED PROCEDURES FOR EFFICIENT ADMINISTRATION OF THE
BANKRUPTCY SYSTEM
Sec. 301. Notice of alternatives.
Sec. 302. Fair treatment of secured creditors under chapter 13.
Sec. 303. Discouragement of bad faith repeat filings.
Sec. 304. Timely filing and confirmation of plans under chapter 13.
Sec. 305. Application of the codebtor stay only when the stay protects
the debtor.
Sec. 306. Improved bankruptcy statistics.
Sec. 307. Audit procedures.
Sec. 308. Creditor representation at first meeting of creditors.
Sec. 309. Fair notice for creditors in chapter 7 and 13 cases.
Sec. 310. Stopping abusive conversions from chapter 13.
Sec. 311. Prompt relief from stay in individual cases.
Sec. 312. Dismissal for failure to timely file schedules or provide
required information.
Sec. 313. Adequate time for preparation for a hearing on confirmation
of the plan.
Sec. 314. Discharge under chapter 13.
Sec. 315. Nondischargeable debts.
Sec. 316. Credit extensions on the eve of bankruptcy presumed
nondischargeable.
Sec. 317. Definition of household goods and antiques.
Sec. 318. Relief from stay when the debtor does not complete intended
surrender of consumer debt collateral.
Sec. 319. Adequate protection of lessors and purchase money secured
creditors.
Sec. 320. Limitation.
Sec. 321. Miscellaneous improvements.
Sec. 322. Bankruptcy judgeships.
Sec. 323. Definition of domestic support obligation.
Sec. 324. Priorities for claims for domestic support obligations.
Sec. 325. Requirements to obtain confirmation and discharge in cases
involving domestic support obligations.
Sec. 326. Exceptions to automatic stay in domestic support obligation
proceedings.
Sec. 327. Nondischargeability of certain debts for alimony,
maintenance, and support.
Sec. 328. Continued liability of property.
Sec. 329. Protection of domestic support claims against preferential
transfer motions.
Sec. 330. Protection of retirement savings in bankruptcy.
Sec. 331. Additional amendments to title 11, United States Code.
Sec. 332. Debt limit increase.
Sec. 333. Elimination of requirement that family farmer and spouse
receive over 50 percent of income from farming operation
in year prior to bankruptcy.
Sec. 334. Prohibition of retroactive assessment of disposable income.
Sec. 335. Amendment to section 1325 of title 11, United States Code.
Sec. 336. Protection of savings earmarked for the postsecondary
education of children.
TITLE IV--FINANCIAL INSTRUMENTS
Sec. 401. Bankruptcy Code amendments.
Sec. 402. Damage measure.
Sec. 403. Asset-backed securitizations.
Sec. 404. Prohibition on certain actions for failure to incur finance
charges.
Sec. 405. Fees arising from certain ownership interests.
Sec. 406. Bankruptcy fees.
Sec. 407. Applicability.
TITLE V--ANCILLARY AND OTHER CROSS-BORDER CASES
Sec. 501. Amendment to add chapter 6 to title 11, United States Code.
Sec. 502. Amendments to other chapters in title 11, United States Code.
TITLE VI--MISCELLANEOUS
Sec. 601. Executory contracts and unexpired leases.
Sec. 602. Expedited appeals of bankruptcy cases to courts of appeals.
Sec. 603. Creditors and equity security holders committees.
Sec. 604. Repeal of sunset provision.
Sec. 605. Cases ancillary to foreign proceedings.
Sec. 606. Limitation.
Sec. 607. Amendment to section 546 of title 11, United States Code.
Sec. 608. Amendment to section 330(a) of title 11, United States Code.
TITLE VII--TECHNICAL CORRECTIONS
Sec. 701. Adjustment of dollar amounts.
Sec. 702. Extension of time.
Sec. 703. Who may be a debtor.
Sec. 704. Penalty for persons who negligently or fraudulently prepare
bankruptcy petitions.
Sec. 705. Limitation on compensation of professional persons.
Sec. 706. Special tax provisions.
Sec. 707. Effect of conversion.
Sec. 708. Automatic stay.
Sec. 709. Allowance of administrative expenses.
Sec. 710. Priorities.
Sec. 711. Exemptions.
Sec. 712. Exceptions to discharge.
Sec. 713. Effect of discharge.
Sec. 714. Protection against discriminatory treatment.
Sec. 715. Property of the estate.
Sec. 716. Preferences.
Sec. 717. Postpetition transactions.
Sec. 718. Technical amendment.
Sec. 719. Disposition of property of the estate.
Sec. 720. General provisions.
Sec. 721. Appointment of elected trustee.
Sec. 722. Abandonment of railroad line.
Sec. 723. Contents of plan.
Sec. 724. Discharge under chapter 12.
Sec. 725. Extensions.
Sec. 726. Bankruptcy cases and proceedings.
Sec. 727. Knowing disregard of bankruptcy law or rule.
Sec. 728. Rolling stock equipment.
Sec. 729. Curbing abusive filings.
Sec. 730. Study of operation of title 11 of the United States Code with
respect to small businesses.
Sec. 731. Transfers made by nonprofit charitable corporations.
Sec. 732. Effective date; application of amendments.
TITLE I--NEEDS-BASED BANKRUPTCY
SEC. 101. CONVERSION.
Section 706(c) of title 11, United States Code, is amended
by inserting ``or consents to'' after ``requests''.
SEC. 102. DISMISSAL OR CONVERSION.
(a) In General.--Section 707 of title 11, United States
Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 707. Dismissal of a case or conversion to a case under
chapter 13'';
and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)'';
(B) in paragraph (1), as redesignated by subparagraph (A)
of this paragraph--
(i) in the first sentence--
(I) by striking ``but not'' and inserting ``or'';
(II) by inserting ``, or, with the debtor's consent,
convert such a case to a case under chapter 13,'' after
``consumer debts''; and
(III) by striking ``substantial abuse'' and inserting
``abuse''; and
(ii) by striking ``There shall be a presumption in favor of
granting the relief requested by the debtor.''; and
(C) by adding at the end the following:
``(2) In considering under paragraph (1) whether the
granting of relief would be an abuse of the provisions of
this chapter, the court shall consider whether--
``(A) under section 1325(b)(1), on the basis of the current
income of the debtor, the debtor could pay an amount greater
than or equal to 30 percent of unsecured claims that are not
considered to be priority claims (as determined under
subchapter I of chapter 5); or
``(B) the debtor filed a petition for the relief in bad
faith.
``(3)(A) If a panel trustee appointed under section
586(a)(1) of title 28 brings a motion for dismissal or
conversion under this subsection and the court grants that
motion and finds that the action of the counsel for the
debtor in filing under this chapter was not substantially
justified, the court shall order the counsel for the debtor
to reimburse the trustee for all reasonable costs in
prosecuting the motion, including reasonable attorneys' fees.
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``(B) If the c
