[Congressional Record Volume 141, Number 75 (Monday, May 8, 1995)]
[Senate]
[Pages S6277-S6278]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. INOUYE:
  S. 763. A bill to authorize the Secretary of Transportation to issue 
a certificate of documentation and coastwise trade endorsement for the 
vessel Evening Star, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.


             documentation for the vessel ``evening star''

  Mr. INOUYE. Mr. President, this private relief bill that I am 
introducing would authorize a certificate of documentation and 
coastwise trade endorsement for the vessel Evening Star, a small boat 
to be used for interisland charters. I ask unanimous consent that the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 763

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

     SECTION 1. CERTIFICATE OF DOCUMENTATION.

       Notwithstanding sections 12106 through 12108 of title 46, 
     United States Code, and section 27 of the Merchant Marine 
     Act, 1920 (46 U.S.C. App. 883), the Secretary of 
     Transportation may issue a certificate of documentation and 
     coastwise trade endorsement for the vessel EVENING STAR, hull 
     identification number HA2833700774, and State of Hawaii 
     registration number HA8337D.
                                 ______

      By Mr. GLENN:
  S. 764. A bill to amend the Indian Child Welfare Act of 1978 to 
require that determinations concerning the status of a child as an 
Indian child be prospective the child's date of birth, and that 
determinations of membership status in an Indian tribe be based on the 
minority status of a member or written consent of an initial member 
over the age of 18, and for other purposes; to the Committee on Indian 
Affairs.


                  indian child welfare improvement act

  Mr. GLENN. Mr. President, I rise today to introduce the Indian Child 
Welfare Improvement Act of 1995. Representative Deborah Pryce has 
introduced companion legislation in the House. The purpose of this bill 
is to clarify the definition of ``Indian child'' in the Indian Child 
Welfare Act of 1978.
  Mr. President, I rise today to introduce the Indian Child Welfare 
Improvement Act of 1995. Representative Deborah Pryce has introduced 
companion legislation in the House. The purpose of this bill is to 
clarify the definition of ``Indian child'' in the Indian Child Welfare 
Act of 1978.
  Mr. President, this legislation is a direct response to a situation 
involving a family in Ohio. The Rost family of Columbus, OH received 
custody of twin baby girls in the State of California in November 1993, 
following the voluntary relinquishment of parental rights by both birth 
parents. The biological father did not disclose his native American 
heritage in response to a specific question on the relinquishment 
document. In February 1994, the birth father informed his mother of the 
pending adoption. Two months later in April 1994, the birth father's 
mother enrolled herself, the birth father and the twin girls with the 
Pomo Indian Tribe in California. The adoption agency was then notified 
that the twins may be eligible for tribal membership, and that the 
adoption could not be finalized without a determination of the 
applicability of the Indian Child Welfare Act.
  The bill I am introducing today clarifies existing law. The 
definition of Indian child in my bill would limit the applicability of 
the Indian Child Welfare Act to those living on a reservation and their 
children, and those who are members of an Indian tribe. In addition, 
the bill would stipulate that for the purpose of a child custody 
proceeding involving an Indian child, membership in an Indian tribe is 
effective from the actual date of admission in the Indian tribe and 
cannot be applied retroactively.
  To do otherwise, Mr. President, is not acting in the best interests 
of the adopted children, and that is my principal concern--the 
interests of the children.
  Mr. President, I believe that this bill does not in any way weaken or 
compromise current law or protections extended to Native American 
children and families. The Indian Child Welfare Act was enacted to 
provide safeguards or standards with respect to State court proceedings 
involving Indian child custody matters, in an effort to curb 
involuntary separation of Indian children from their Indian families, 
heritage, and culture. These objectives and protections are not 
threatened by the bill I am introducing.
  Mr. President, the Rost family is now facing a very difficult 
situation. This bill and the one introduced by Representative Pryce 
will clarify the Indian Child Welfare Act, and I urge its passage by 
the Senate.
                                 ______

      By Mr. McCAIN:
  S. 765. A bill to amend the Public Buildings Act of 1959 to require 
the Administrator of General Services to prioritize construction and 
alteration projects in accordance with merit-based needs criteria, and 
for other purposes; to the Committee on Governmental Affairs.


 federal buildings construction and alteration funding improvement act

  Mr. McCAIN. Mr. President, today I'm introducing legislation to help 
ensure that funding for the construction and repair of Federal 
buildings is allocated according to need and priority.
  First, the bill would require the President to submit the 
administration's building construction budget request in the form of a 
prioritized list of projects. Second, and most importantly, the bill 
would require the General Services Administration to prepare and 
maintain a ranked priority list of all ongoing and proposed 
construction projects. The list would be updated and reprioritized with 
each new project added either through administrative or congressional 
action.
  Last year, the U.S. Government spent nearly $400 million on Federal 
building construction and repair. That is an enormous sum of money. 
Clearly, the Federal building construction program can and must share 
in the sacrifice as we seek to gain control over the deficit.
  As we rein in spending, it's more critical now than ever to ensure 
that scarce financial resources are allocated to our highest 
priorities.
  In order to trim the fat in an informed and efficient manner 
Congress, the administration and the taxpaying public must know what 
our construction priorities are.
  Earlier this year, during debate on the rescission bill, the Senate 
considered proposals to cut Federal construction funding. The list of 
projects proposed for defunding was rather arbitrary and capricious. 
The tenets of good government dictate that when we reduce spending, our 
lowest priorities should be put on the chopping block first. Yet, 
Congress can not readily determine what those priorities are. By 
requiring the General Services Administration, which administers the 
Federal building fund, to maintain a ranked list of project priorities, 
we can be sure that funding decisions will be made on the basis of 
merit rather than politics or congressional caprice.
  Mr. President, foremost, this amendment will help us address the pork 
barrel politics which has played far too great a role in the process of 
Federal building construction. Currently, when a member decides a new 
building is needed in his or her State or district, the General 
Services Administration conducts what's known as an 11b survey to 
determine the need. In most cases, the GSA determines that a need 
[[Page S6278]] exists. The study is then used to justify project 
authorization and appropriation, even though a finding of need is not a 
finding that such a project is a priority.
  As projects that are not in the President's budget request are added 
by Congress we do not always have a clear idea of where they are ranked 
among competing priorities. Passage of this legislation will ensure 
that this vital information is readily available.
  I hope that the relevant committees will expeditiously examine this 
proposal in the hope that we can approve rapidly this relatively minor 
but I believe important and helpful change in procedure.


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