[Congressional Record Volume 147, Number 107 (Friday, July 27, 2001)]
[Senate]
[Pages S8355-S8366]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
YMCA TEEN ACTION AGENDA
Mr. DORGAN. Mr. President, today I am introducing the YMCA Teen
Action Agenda Enhancement Act of 2001, along with my colleague Mr.
DeWine. This bipartisan legislation will enable the YMCA to reach more
teenagers across the United States who are in need of safe, structured
after-school activities.
Unfortunately, the evidence is all around us that our young people
today need some extra care and support. Kids today face challenges and
obstacles that I never dreamed about when I was growing up in Regent.
Children are killing other children because they covet their tennis
shoes or their jackets. Kids are having kids. One-quarter of
adolescents report that they have used illegal drugs.
Part of the problem is the temptation that kids face when they have
too much idle time on their own. Every day, millions of American teens
are left unsupervised after school. Studies have shown that teens who
are unsupervised during these hours are more likely to smoke
cigarettes, drink alcohol, engage in sexual activity, and become
involved in delinquent behavior than those teens who participate in
structured, supervised after-school activities. Also, nearly 80 percent
of teens who are involved in after-school activities are A or B
students, while only half of those who are not involved earn these
grades. Two out of every 3 teens said that they would participate in
after-school programs to help them improve academically, if such
programs were offered.
The YMCA is an exemplary organization that is dedicated to serving
our nation's youth, and it wants to help them even more. Nearly 2.4
million teenagers, 1 out of every 10, are involved in a program offered
by their local YMCA. The Y is a safe place for kids during after school
hours. Teens participate in hundreds of programs that feature tutoring
and academics, sports, mentoring, community service and life skills. To
serve more teens who are in need of structured after-school programs,
the YMCA has set a goal of doubling the number of teens served to 1 out
of every 5 teens by 2005. This ambitious campaign is called the Teen
Action Agenda.
The bill that I offer today provides funding to help the YMCA reach
teens who want and need more after-school activities. This piece of
legislation authorizes Federal appropriations of $20 million per year
for fiscal years 2002 through 2006 for the YMCA to implement its Teen
Action Agenda. This funding would in turn be distributed to local YMCAs
that are located in all 50 States and the District of Columbia. Similar
legislation was passed in the 105th Congress for the Boys and Girls
Club and in the 106th Congress for the Police Athletic League to aid in
their efforts to reach out to youth. The YMCA is an established and
proven organization that is in the position to reach and influence
thousands of teenagers who are in danger of falling through the cracks.
This bill will encourage public-private partnerships and leverage
additional funding for teen programs. This legislation contains a
matching component that will be met by the YMCA through local and
private support. The matching component, along with the support the
YMCA programs receive from national corporate sponsors, will turn $20
million in Federal funds into $50 million that will be invested in
proven programs that serve the teens who are most in need.
In my State, there are six YMCAs that serve North Dakota teens.
Through programs focusing on education, life skills, safety,
leadership, and service learning, these YMCAs helped 12,500 teens in my
State develop character and build confidence within the last year.
One example of how the YMCA reaches teens is the Teen Board recently
established in Fargo. This board is comprised of teenage
representatives who advise the YMCA and other community residents on
issues and concerns affecting local teens. Similar teen programs have
been created at the other YMCAs in my State. The legislation I
introduce today will provide funding for these YMCAs to expand these
important programs.
Nationwide, YMCAs partner with 400 juvenile courts, 300 housing
authorities and over 2,500 public schools. While the YMCA is national
in scope, they are local in control and every program is designed and
evaluated to meet the communities' unique needs. I am confident that
this bill will help the YMCA to continue to provide successful
solutions for our Nation's teens and their families.
Edmund Burke once said, ``All that is necessary for evil to triumph
is for good people to do nothing.'' This legislation will provide good
volunteers in YMCAs across the country with the additional resources
they need to reach more teens. This bill represents a small step we can
take to reach out to at-risk teens in communities across the Nation.
For the sake of our children's future, I urge my Senate colleagues to
join me in cosponsoring this piece of legislation.
______
By Mr. BROWNBACK (for himself, Mr. Graham, and Mr. Helms):
S. 1259. A bill to amend the Immigration and Nationality Act with
respect to the admission of nonimmigrant nurses; to the Committee on
the Judiciary.
Mr. BROWNBACK. Madam President, I rise today to introduce the Rural
and Urban Health Care Act of 2001. I want to thank my cosponsors
Senator Graham and Senator Helms for their support and leadership on
this vital issue.
Nothing can traumatize a family more than a medical emergency,
particularly one that may have been prevented by timely access to a
needed medical professional. In Kansas, I know many communities that
would be without a doctor if it was not for an immigrant physician. I
know that many communities both in Kansas and around the country would
benefit from a greater number of not only doctors, but nurses, nurse
aides, radiologists, medical technicians, and other health-care
professionals.
In the area of nurses, it's become apparent that the problem has
developed into one of national significance.
According to the American Organization of Nurse Executives, ``A
nursing shortage is emerging nationwide that is fueled by age-related
career retirements, small to moderate increases in job creation, and
reduced nursing school enrollments. Job replacement-related demands due
to registered nurse age-related retirements are expected to increase
rapidly over the next 5 to 15 years.''
[[Page S8356]]
According to data from the Department of Health and Numan Services,
today 18.3 percent of registered nurses are under the age of 35,
compared to over 40 percent in 1980. Today, only nine percent of
registered nurses are under the age of 30, compared to 25 percent in
1980.
Projections by economists Peter Buerhaus, Douglas Staiger, and David
Auerbach show that by the year 2020, the number of registered nurses
working in America will be ``20 percent below the projected need.''
I believe this legislation contains many crucial elements that would
benefit many health care providers and the patients they serve.
First, the legislation amends the H-1C category established in the
``Nursing Relief for Disadvantaged Areas of 1999. The problem with that
category is that it allows only a handful of health care facilities
throughout the country to hire nurses on temporary visas. That makes
little sense. We should open the category up to facilities in all
States, rather than select a handful of hospitals that alone would be
allowed to hire foreign nurses on temporary visas. In addition, the
bill streamlines some of the current processes to remove redundancy and
situations that impede the arrival of nurses to work and help patients
in the United States.
Second, the legislation retains stringent labor protections
established previously for the H-1C category on wages, layoffs and
strikes.
Third, the bill authorizes appropriations for the Secretary of Health
and Human Services to work with states to develop programs aimed at
increasing the domestic supply of nurses in the United States.
Finally, the legislation expands an already successful program by
increasing from 20 to 40 waivers for foreign physicians that may be
exercised by a particular State, as well allowing a carryover of any
unused waivers to the next fiscal year. It also eliminates the sunset
date of the program.
This bill does not attempt to solve all problems related to this
issue. Other, more expensive solutions, primarily very long-term, may
emerge from the HELP or Finance committees. However, it is not possible
in one bill to address all outstanding financial or labor issues
present in today's hospitals and nursing homes. Indeed, many of these
issues will have to be addressed at the State level. But simply because
we cannot solve all of today's health-care problems, does not mean that
we abdicate our responsibility to find practical solutions to help real
people.
I think this bill provides real and immediate help for problems that
are only going to grew worse the longer we wait to address them.
I ask that the text of the bill and a section by section summary of
the bill be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 1259
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 ``Rural and Urban Health Care
Act of 2001''.
SEC. 2. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES.
(a) Requirements.--Section 212(m) of the Immigration and
Nationality Act (8 U.S.C. 1182(m)) is amended to read as
follows:
``(m)(1) The qualifications referred to in the section
101(a)(15)(i)(c), with respect to an alien who is coming to
the United States to perform nursing services for a facility,
are that the alien--
``(A) has obtained a full and unrestricted license to
practice professional nursing in the country where the alien
obtained nursing education, or has received nursing education
in the United States or Canada;
``(B) has passed the examination given by the Commission on
Graduates of Foreign Nursing Schools (or has passed another
appropriate examination recognized in regulations promulgated
in consultation with the Secretary of Health and Human
Services), or has a full and unrestricted license under State
law to practice professional nursing in the State of intended
employment; and
``(C) is fully qualified and eligible under the laws
(including such temporary or interim licensing requirements
which authorize the nurse to be employed) governing the place
of intended employment to take the State licensure
examination after entry into the United States, and the lack
of a social security number shall not indicate a lack of
eligibility to take the State licensure examination.
``(2)(A) The attestation referred to in section
101(a)(15)(H)(i)(c), with respect to a facility for which an
alien will perform services, is an attestation as to the
following:
``(i) The employment of the alien will not adversely affect
the wages and working conditions of registered nurses
similarly employed at the facility.
``(ii) The alien employed by the facility will be paid the
wage rate for registered nurses similarly employed by the
facility.
``(iii) There is not a strike or lockout in the course of a
labor dispute, the facility did not lay off and will not lay
off a registered staff nurse who provides patient care and
who is employed by the facility within the period beginning
90 days before and ending 90 days after the date of filing of
any visa petition for clarification of such an alien under
section 101(a)(15)(H)(i)(c), and the employment of such an
alien is not intended or designed to influence an election
for a bargaining representative for registered nurses of the
facility.
``(iv) At the time of the filing of the petition for
registered nurses under section 101(a)(15)(H)(i)(c), notice
of the filing has been provided by the facility to the
bargaining representative of the registered nurses at the
facility or, where there is no such bargaining
representative, notice of the filing has been provided to the
registered nurses employed by the employer at the facility
through posting in conspicuous locations.
``(v) The facility will not, with respect to any alien
issued a visa or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(i)(c)--
``(I) authorize the alien to perform nursing services at
any worksite other than a worksite controlled by the
facility; or
``(II) transfer the place of employment of the alien from
one worksite to another.
``(B) A copy of the attestation shall be provided, within
30 days of the date of filing, to registered nurses employed
at the facility on the date of filing.
``(C) The Secretary of Labor shall review an attestation
only for completeness and obvious inaccuracies. Unless the
Secretary finds that the attestation is incomplete or
obviously inaccurate, the Secretary shall certify the
attestation within 7 calendar days of the date of the filing
of the attestation. If the attestation is not returned to the
facility within 7 calendar days, the attestation shall be
deemed certified.
``(D) Subject to subparagraph (F), an attestation under
subparagraph (A)--
``(i) shall expire on the date that is the later of--
``(I) the end of the three-year period beginning on the
date of its filing with the Secretary; or
``(II) the end of the period of admission under section
101(a)(15)(H)(i)(c) of the last alien with respect to whose
admission it was applied (in accordance with clause (ii));
and
``(ii) shall apply to petitions filed during the three-year
period beginning on the date of its filing with the Secretary
if the facility states in each such petition that it
continues to comply with the conditions in the attestation.
``(E) A facility may meet the requirements under this
paragraph with respect to more than one registered nurse in a
single petition.
``(F)(i) The Secretary shall compile and make available for
public examination in a timely manner in Washington, D.C., a
list identifying facilities which have filed petitions for
classification of nonimmigrants under section
101(a)(15)(H)(i)(c) and, for each such facility, a copy of
the facility's attestation under subparagraph (A) and each
such petition filed by the facility.
``(ii) The Secretary shall establish a process, including
reasonable time limits, for the receipt, investigation, and
disposition of complaints respecting a facility's failure to
meet conditions attested to or a facility's misrepresentation
of a material fact in an attestation. Complaints may be filed
by any aggrieved person or organization (including bargaining
representatives, associations deemed appropriate by the
Secretary, and other aggrieved parties as determined under
regulations of the Secretary, but excluding any governmental
agency or entity). The Secretary shall conduct an
investigation under this clause if there is probable cause to
believe that a facility willfully failed to meet conditions
attested to. Subject to the time limits established under
this clause, this subparagraph shall apply regardless of
whether or not an attestation is expired or unexpired at the
time a complaint is filed.
``(iii) Under such process, the Secretary shall provide,
within 180 days after the date such a complaint is filed, for
a determination as to whether or not a basis exists to make a
finding described in clause (iv). If the Secretary determines
that such a basis exists, the Secretary shall provide for
notice of such determination to the interested parties and an
opportunity for a hearing on the complaint within 60 days of
the date of the determination.
``(iv) If the Secretary finds, after notice and opportunity
for a hearing, that a facility (for which an attestation is
made) has willfully failed to meet a condition attested to or
that there was a willful misrepresentation of material fact
in the attestation, the Secretary shall notify the Attorney
General of such finding and may, in addition, impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $1,000 per nurse per
violation, with the total penalty not to exceed $10,000 per
violation) as the Secretary determines to be appropriate.
Upon receipt of such notice,
[[Page S8357]]
the Attorney General shall not approve petitions filed with
respect to a facility during a period of at least one year
for nurses to be employed by the facility.
``(v) In addition to the sanctions provided for under
clause (iv), if the Secretary finds, after notice and an
opportunity for a hearing, that a facility has violated the
condition attested to under subparagraph (A)(ii) (relating to
payment of registered nurses at the facility wage rate), the
Secretary shall order the facility to provide for payment of
such amounts of back pay as may be required to comply with
such condition.
``(G)(i) The Secretary shall impose on a facility filing an
attestation under subparagraph (A) a filing fee in an amount
prescribed by the Secretary based on the costs of carrying
out the Secretary's duties under this subsection, but not
exceeding $250.
``(ii) Fees collected under this subparagraph shall be
deposited in a fund established for this purpose in the
Treasury of the United States.
``(iii) The collected fees in the fund shall be available
to the Secretary, to the extent and in such amounts as may be
provided in appropriations Acts, to cover the costs described
in clause (i), in addition to any other funds that are
available to the Secretary to cover such costs.
``(3) The period of admission of an alien under section
101(a)(15)(H)(i)(c) shall be for an initial period not to
exceed three years, subject to an extension for a period or
periods not to exceed a total period of admission of six
years.
``(4) A facility that has filed a petition under section
101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform
nursing services for the facility--
``(A) shall provide the nonimmigrant a wage rate and
working conditions commensurate with those of nurses
similarly employed by the facility; and
``(B) shall not interfere with the right of the
nonimmigrant to join or organize a union.
``(5)(A) For purposes of paragraph (2)(A)(iii), the term
`lay off', with respect to a worker--
``(i) means to cause the worker's loss of employment, other
than through a discharge for inadequate performance,
violation of workplace rules, cause, voluntary departure,
voluntary retirement, or the expiration of a grant or
contract; but
``(ii) does not include any situation in which the worker
is offered, as an alternative to such loss of employment, a
similar employment opportunity with the same employer at
equivalent or higher compensation and benefits than the
position from which the employee was discharged, regardless
of whether or not the employee accepts the offer.
``(B) Nothing in this paragraph is intended to limit an
employee's or an employer's rights under a collective
bargaining agreement or other employment contract.
``(6) For purposes of this subsection and section
101(a)(15)(H)(i)(c), the term `facility' includes a hospital,
nursing home, skilled nursing facility, registry, clinic,
assisted-living center, and an employer who employs any
registered nurse in a home setting.
``(7) Except as otherwise provided, in this subsection, the
term `Secretary' means the Secretary of Labor.''.
(b) Implementation.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Labor (in
consultation, to the extent required, with the Secretary of
Health and Human Services) and the Attorney General shall
promulgate final or interim final regulations to carry out
section 212(m) of the Immigration and Nationality Act (as
amended by subsection (a)) The amendments made by this
section shall take effect not later than 90 days after the
date of the enactment of this Act, without regard to whether
or not regulations to carry out such amendments have been
promulgated by such date.
SEC. 3. REPEAL.
Section 3 of the Nursing Relief for Disadvantaged Areas Act
of 1999 (Public Law 106-95; 8 U.S.C. 1182 note; relating to
recommendations for alternative remedy for nursing shortage)
is repealed.
SEC. 4. QUALIFICATION FOR CERTAIN ALIEN NURSES.
(a) Elimination of Certain Grounds of Inadmissability.--
Section 212 of the Immigration and Nationality Act (8 U.S.C.
1182) is amended by striking subsections (a)(5)(C) and (r).
(b) Procedure for Granting Immigrant Status.--Section
204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(F)) is amended by adding at the end the following
new sentence: ``Any such petition filed on behalf of an alien
who will be employed as a professional nurse shall include
evidence that the alien--
``(i) has passed--
``(I) the examination given by the Commission on Graduates
of Foreign Nursing Schools (CGFNS); or
``(II) another appropriate examination recognized in
regulations promulgated in consultation with the Secretary of
Health and Human Services; or
``(ii) holds a full and unrestricted license to practice
professional nursing in the State of intended employment.''.
SEC. 5. WAIVERS OF TWO-YEAR FOREIGN RESIDENCE REQUIREMENT.
(a) In General.--Section 214(l) of the Immigration and
Nationality Act (8 U.S.C. 1184(l)) is amended--
(1) in paragraph (1)(B), by striking ``20'' and inserting
``40, plus the number of waivers specified in paragraph
(4)''; and
(2) by adding at the end the following new paragraph:
``(4) The number of waivers specified in this paragraph is
the total number of unused waivers allotted to all States for
a fiscal year divided by the number of States having no
unused waivers remaining in the allotment to those States for
that fiscal year.''.
(b) Elimination of Termination Date.--Section 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994
(Public Law 103-416, as amended; 8 U.S.C.1182 note) is
amended by striking ``and before June 1, 2002''.
SEC. 6. OTHER MEASURES TO MEET RURAL AND URBAN HEALTH CARE
NEEDS.
(a) Grant Authority.--The Secretary of Health and Human
Services shall award grants to States, local governments, and
institutions of higher education (as defined in section
101(a) of the Higher Education Act of 1965) to fund training,
recruitment, and other activities to increase the supply of
domestic registered nurses and other needed health care
providers.
(b) Application.--
(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the
Secretary of Health and Human Services at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance under this
section is sought; and
(B) provide such additional assurances as the Secretary of
Health and Human Services determines to be essential to
ensure compliance with the requirements of this section.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Health and Human
Services such sums as may be necessary to carry out this
section.
____
The Rural and Urban Health Care Act of 2001--Section-by-Section
section 1.
The Act may be cited as the ``Rural and Urban Health Care
Act of 2001.''
section 2. requirements for admission of non-immigrant nurses
Section 212(m) of the Immigration and Nationality Act is
amended as follows:
To qualify, the alien must:
1. Obtain a full and unrestricted license to practice
professional nursing in the country where obtained nursing
education, or received nursing education in the U.S. or
Canada;
2. Pass the examination given by the Commission on
Graduates of Foreign Nursing Schools (or other appropriate
examination recognized in regulations of Secretary of Health
and Human Services), or have a full and unrestricted license
under State law to practice in state of intended employment;
3. Is fully qualified and eligible to take the State
licensure examination after entry into the U.S., and lacking
a social security number shall not indicate a lack of
eligibility to take the State licensure exam.
The attestation with respect to a facility where an alien
will perform services (referred to in section
101(a)(15)(H)(i)(c)), requires the following:
1. The employment of the alien will not adversely affect
the wages and working conditions of registered nurses
similarly employed at the facility;
2. The alien will be paid the wage rate for nurses
similarly employed by the facility;
3. There is not a labor dispute involving a strike or
lockout at the facility, and the facility did not lay off and
will not lay off a registered staff nurse for a period
beginning 90 days before and after the date of filing of any
visa petition, and the employment of such an alien is not
intended or designed to influence an election for a
bargaining representative for registered nurses of the
facility.
4. At the time of filing of petition for registered nurses,
notice of the filing has been given to the bargaining
representative of the nurses at the facility, and in the
absence of such representative, notice of the filing has been
provided to the nurses employed by the employer at the
facility through posting in conspicuous locations.
5. The facility will not:
a. Authorize the alien to perform nursing services at any
work site other than a work site controlled by the facility;
b. Transfer the place of employment from one work site to
another.
6. A copy of the attestation shall be provided to the
nurses at the facility within 30 days of the date of filing.
7. The Secretary of Labor shall review an attestation only
for completeness and obvious inaccuracies, and shall certify
the attestation within 7 days of date of filing. If not
returned within 7 days, the attestation shall be deemed
certified.
8. An Attestation shall:
a. Expire on the date that is the later of:
1. The end of the three-year period beginning on the date
of its filing with the Secretary, or
2. The end of the period of admission of the last alien
section 101(a)(15)(H)(i)(c) was applied; and
b. Apply to petitions filed during the three-year period if
the facility states in each petition that it continues to
comply with the conditions in the attestation.
[[Page S8358]]
9. A facility may meet the requirements listed above with
respect to more than one registered nurse in a single
petition.
10. The Secretary shall:
a. Compile and make available to the public a list
identifying facilities which have filed petitions for
classification of nonimmigrants under section
101(a)(15)(H)(i)(c), and provide a copy of the attestation
filed for each facility.
b. Establish a process for the receipt, investigation, and
disposition of complaints respecting a facility's failure to
meet conditions attested to or a facility's misrepresentation
of a material fact in an attestation. Complaints may be filed
by any aggrieved person or organization (but excluding any
governmental agency or entity). The Secretary shall conduct
an investigation if there is probable cause to believe that a
facility willfully failed to meet conditions attested to.
This will apply regardless of whether or not an attestation
is expired or unexpired at the time a complaint is filed.
c. If a complaint is filed, the Secretary shall provide
within 180 days of filing, a determination as to if a basis
exists to make a finding described below (iv). If such a
basis exists, the Secretary shall provide notice of such
determination to the interested parties, and an
opportunity for a hearing on the complaint within 60 days
of the date of determination. The Secretary shall
promulgate regulations providing for penalties, including
civil monetary fines, upon parties who submit complaints
that are found to be frivolous.
d. After notice and opportunity for hearing, if the
Secretary finds that a facility has willfully failed to meet
a condition attested to, or that there was willful
misrepresentation of material fact, the Secretary shall
notify the Attorney General of such finding and may also
impose administrative remedies (including civil monetary
penalties not to exceed $1000 per nurse per violation, with
the total penalty not to exceed $10,000 per violation) as the
Secretary deems appropriate. Upon receipt of such notice, the
Attorney General shall not approve petitions filed with
respect to a facility during a period of at least one year
for nurses to be employed by the facility.
e. In addition to the sanctions listed above (iv), if the
Secretary finds (after notice and opportunity for hearing)
that a facility has violated conditions regarding the payment
of registered nurses at the facility wage rate (subparagraph
(A)(ii)), the Secretary shall order the facility to provide
for payment of back pay to comply with such condition.
11. The Secretary shall:
a. Impose a facility filing fee, but not to exceed $250.
b. Such fees collected shall be deposited in a fund
established for this purpose with the Treasury of the United
States.
c. The collected fees shall be available to the Secretary,
to the extent provided in appropriation Acts, to cover the
costs described above.
The period of admission of an alien under
101(a)(15)(H)(i)(c) shall be for an initial period not to
exceed three years, and subject to an extension not to exceed
a total period of admission of six years.
A facility that has filed a petition under
101(a)(15)(H)(i)(c) shall:
1. Provide a wage rate and working conditions the same as
those of nurses similarly employed by the facility.
2. Not interfere with the right of the immigrant to join or
organize a union.
The term ``lay off'' with respect to a worker (for purposes
of paragraph (2)(A)(iii)),
1. Means to cause the worker's loss of employment, other
than a discharge for inadequate performance, violation of
workplace rules, cause, voluntary departure, voluntary
retirement, or the expiration of a grant or contract; but
2. Does not include any situation in which the workers
offered, as an alternative to such loss, a similar employment
opportunity with the same employer at equivalent or higher
compensation and benefits than the position from which the
employee was discharged, regardless of whether or not the
employee accepts the offer.
3. Nothing in this paragraph is intended to limit an
employee's or an employer's rights under a collective
bargaining agreement or other employment contract.
The term `facility' includes a hospital, nursing home,
skilled nursing facility, registry, clinic, assisted-living
center, and an employer who employs any registered nurse in a
home setting.
The term `Secretary' means the Secretary of Labor
1. Implementation:
a. No later than 90 days after date of the enactment of
this Act, regulations to carry out this amendment shall be
made by the Secretary in consultation with the Secretary of
Health and Human Services, and the Attorney General. The
amendments made shall take effect not later than 90 days
after the date of the enactment of this Act, without regard
to regulations have been made by that date.
Section 3. Repeal
Section 3 of the Nursing Relief for Disadvantaged Areas As
of 1999 is repealed.
Section 4. Certification for Certain Alien Nurses
Any such petitions filed on behalf of an alien who will be
employed as a professional nurse shall include evidence that
the alien has passed: (I) the examination given by the
Commission on Graduates of Foreign Nursing Schools; or (II)
another appropriate examination recognized in regulations
promulgated in consultation with the Secretary of Health and
Human Services; or holds a full and unrestricted license to
practice professional nursing in the State of intended
employment.
Section 5. Waivers of Two-Year Foreign Residence Requirement for
Foreign Physicians
Section 214(1) of the Immigration and Nationality Act is
amended
1. In paragraph (1)(B), by striking ``20'' and inserting
``40, plus the number of waivers specified in paragraph
(4)''; and
2. By adding at the end of the following new paragraph:
``(4) The number of waivers specified in this paragraph is
the total number of unused waivers allotted to all State for
fiscal year divided by the number of States having no unused
waivers remaining in the allotment to those States for that
fiscal year.''
Section 6. Other Measures to Meet Rural and Urban health Care Needs
The Secretary of Health and Human Services shall award
grants to States, local governments, and institutions of
higher education to fund training, recruitment, and other
activities to increase the supply of domestic registered
nurses and other needed health care providers. There are
authorized such sums as may be necessary to carry out this
section.
______
By Mr. ROCKEFELLER:
S. 1260. A bill to provide funds for the planning of a special census
of Americans residing abroad; to the Committee on Governmental Affairs.
Mr. ROCKEFELLER. Madam President, millions of Americans live and work
overseas. While living abroad, they continue to pay taxes and they can
vote in our Federal elections. They are American citizens and they want
to be counted in the next decennial Census in 2010. To achieve this
goal, it is essential to plan and prepare.
For several years, I have been working closely with Congresswoman
Carolyn Maloney. She has been a true leader on the important issues of
the U.S. Census and I am proud to work with her. The bill I am
introducing today is the companion bill to H.R. 680. This legislation
authorizes funding to being the work at the Census Bureau to count
Americans living overseas. The House Appropriations Committee has
included some funding for this important initiative which is
encouraging news.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1260
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds that--
(1) an estimated 3,000,000 to 6,000,000 Americans live and
work overseas while continuing to vote and pay taxes in the
United States;
(2) Americans residing abroad help increase exports of
American goods because they traditionally buy American, sell
American, and create business opportunities for American
companies and workers, thereby strengthening the United
States economy, creating jobs in the United States, and
extending United States influence around the globe;
(3) Americans residing abroad play a key role in advancing
this Nation's interests by serving as economic, political,
and cultural ``ambassadors'' of the United States; and
(4) the major business, civic, and community organizations
representing Americans and companies of the United States
abroad support the counting of all Americans residing abroad
by the Bureau of the Census, and are prepared to assist the
Bureau of the Census in this task.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Bureau of the Census should carry out a special
census of all Americans residing abroad in 2004;
(2) the Bureau should, after completing that special
census, review the means by which Americans residing abroad
may be included in the 2010 decennial census;
(3) the Bureau should take appropriate measures to provide
for the inclusion of Americans residing abroad in the 2010
decennial census and decennial censuses thereafter; and
(4) in order to ensure that the measures specified in the
preceding provisions of this subsection can be completed in
timely fashion, the Bureau should begin planning as soon as
possible for the special census described in paragraph (1).
SEC. 2. FUNDING TO BEGIN PLANNING FOR A SPECIAL CENSUS OF
AMERICANS RESIDING ABROAD.
For necessary expenses in connection with the planning of a
special census of Americans residing abroad (as described in
section 1(b)(1)), there is appropriated, out of any
[[Page S8359]]
money in the Treasury not otherwise appropriated, $5,000,000
for fiscal year 2002, to remain available until expended.
______
By Mr. ROCKEFELLER:
S. 1261. A bill to amend the Uniformed and Overseas Citizens Absentee
Voting Act to increase the ability of absent uniformed services voters
and overseas voters to participate in elections for Federal office, and
for other purposes; to the Committee on Rules and Administration.
Mr. ROCKEFELLER. Madam President, millions of Americans live abroad,
serving in our military or working in foreign countries. These
Americans pay taxes and have the right to vote. They deserve to know
that their votes will be counted.
Today, I am introducing legislation designed to streamline and
improve the process for absentee ballots to help ensure that Americans
living overseas can participate in American elections. The bill is
called the Uniformed and Overseas Citizen Absentee Voting Reform Act.
It is based on the bipartisan legislation introduced in the House of
Representatives by Congresswoman Carolyn Maloney and Congressman Thomas
Reynolds. This bill is developed through recommendations of overseas
Americans.
Our goal is to help both military and civilian citizens overseas to
participate in elections. The right to vote is important in our
country, and we need to encourage all of our citizens, including those
millions living abroad, to participate in elections.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1261
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 ``Uniformed and Overseas
Citizen Absentee Voting Reform Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Approximately 3,000,000 to 6,000,000 American citizens,
including 576,000 Federal employees and their overseas
dependents in the armed services and in other Federal
agencies, live permanently or temporarily reside outside the
50 States and the District of Columbia.
(2) The members of the armed services, their dependents,
other employees of the Federal Government and their
dependents, and the approximately 3,000,000 to 5,500,000
other American citizens abroad make an inestimable
contribution to the security, economic well-being, and
cultural vitality of the United States.
(3) Although great progress has been made in recent decades
in assuring that these citizens have the chance to
participate fully in our democratic process, the national
elections of November 2000 revealed grave shortcomings in our
system, with nearly 40 percent of overseas ballots rejected
in one State alone.
(4) Moreover, during these elections it became apparent
that timely information about the numbers of American
citizens seeking to vote and voting from abroad, information
which is essential to measure the effectiveness of our
overseas voting system, is not currently provided by the
States.
SEC. 3. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE
BALLOT APPLICATION PROCEDURES FOR ABSENT
UNIFORMED SERVICES AND OVERSEAS VOTERS.
(a) Requiring States To Accept Official Form for
Simultaneous Voter Registration and Absentee Ballot
Application; Deadline for Providing Absentee Ballot.--
(1) In general.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is
amended--
(A) by amending paragraph (2) to read as follows:
``(2) accept and process, with respect to any election for
Federal office, any otherwise valid voter registration
application and absentee ballot application from an absent
uniformed services voter or overseas voter, if the
application is received by the appropriate State election
official not less than 30 days before the election;'';
(B) by striking the period at the end of paragraph (3) and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(4) use the official post card form (prescribed under
section 101) for simultaneous voter registration application
and absentee ballot application; and
``(5) transmit the absentee ballot for an election to each
absent uniformed services voter and overseas voter who is
registered with respect to the election as soon as
practicable after the voter is registered, but in no case
later than the 45th day preceding the election (if the voter
is registered as of such day).''.
(2) Conforming amendments.--Section 101(b)(2) of such Act
(42 U.S.C. 1973ff(b)(2) is amended by striking ``as
recommended in section 104'' and inserting ``as required
under section 102(4)''.
(b) Use of Single Application for All Subsequent
Elections.--Section 104 of such Act (42 U.S.C. 1973ff-3) is
amended to read as follows:
``SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT
ELECTIONS.
``(a) In General.--If a State accepts and processes an
official post card form (prescribed under section 101)
submitted by an absent uniformed services voter or overseas
voter for simultaneous voter registration and absentee ballot
application (in accordance with section 102(4))--
``(1) the voter shall be deemed to have submitted an
absentee ballot application for each subsequent election for
Federal office held in the State; and
``(2) the State shall provide an absentee ballot to the
voter for each subsequent election for Federal office held in
the State (in accordance with the deadline required under
section 102(a)(5)).
``(b) Exception for Voters Changing Registration.--
Subsection (a) shall not apply with respect to a voter
registered to vote in a State for any election held after the
voter notifies the State that the voter no longer wishes to
be registered to vote in the State or after the State
determines that the voter has registered to vote in another
State.
``(c) No Effect on Voter Removal Programs.--Nothing in this
section may be construed to prevent a State from removing any
voter from the rolls of registered voters in the State under
any program or method permitted under section 8 of the
National Voter Registration Act of 1993.''.
SEC. 4. REMOVING BARRIERS TO ACCEPTANCE OF COMPLETED BALLOTS.
Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-1) is amended--
(1) by inserting ``(a) In General.--'' before ``Each
State''; and
(2) by adding at the end the following new subsection:
``(b) Special Requirements Regarding Acceptance of
Completed Ballots.--
``(1) Mandatory minimum period for acceptance of absentee
ballot after date of election.--Notwithstanding any other
provision of law, a State shall not refuse to count an
absentee ballot submitted in an election for Federal office
by an absent uniformed services voter or overseas voter on
the grounds that the ballot was not submitted in a timely
manner if--
``(A) the ballot is received by the State not later than 14
days after the date of the election;
``(B) the ballot is signed and dated by the voter; and
``(C) the date provided by the voter on the ballot is not
later than the day before the date of the election.
``(2) Prohibiting refusal of ballot for lack of postmark.--
A State shall not refuse to count an absentee ballot
submitted in an election for Federal office by an absent
uniformed services voter or overseas voter on the grounds
that the ballot or the envelope in which the ballot is
submitted lacks a postmark if the ballot is signed and dated
by the voter and a witness within the deadline applicable
under State law for the submission of the ballot (taking into
account the requirements of paragraph (1)).''.
SEC. 5. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF
OVERSEAS AND ABSENT UNIFORMED SERVICES VOTERS.
Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-1), as amended by section 4, is
amended by adding at the end the following new subsection:
``(c) Other Requirements and Prohibitions.--
``(1) Response to submitted materials.--
``(A) Applications for voter registration and absentee
ballot request.--With respect to each absent uniformed
services voter and each overseas voter who submits a voter
registration application or an absentee ballot request, the
State--
``(i) shall immediately notify the voter as to whether or
not the State has approved the application or request; and
``(ii) if the State rejects the application or request,
shall provide the voter with the reasons for the rejection.
``(B) Absentee ballots.--With respect to each absent
uniformed services voter and each overseas voter who submits
a completed absentee ballot, the State--
``(i) shall immediately notify the voter as to whether or
not the State has received the ballot; and
``(ii) if the State refuses to accept the ballot, shall
provide the voter with the reasons for refusal.
``(2) Use of facsimile machines and internet.--Each State
shall make voter registration applications, absentee ballot
requests, and absentee ballots available to absent uniformed
services voters and overseas voters through the use of
facsimile machines and the Internet, and shall permit such
voters to transmit completed applications and requests to the
State through the use of such machines and the Internet.
Nothing in this paragraph may be construed to prohibit a
State from accepting completed absentee ballots from absent
uniformed services voters and overseas voters through the use
of facsimile machines.
[[Page S8360]]
``(3) Prohibiting notarization requirements.--A State may
not refuse to accept any voter registration application,
absentee ballot request, or absentee ballot submitted by an
absent uniformed services voter or overseas voter on the
grounds that the document involved is not notarized.
``(4) Compilation of statistics.--
``(A) In general.--For each election for Federal office
held in the State, each State shall compile and publish the
following information with respect to absent uniformed
services voters and overseas voters:
``(i) The number of voter registration applications
received from each such group of voters, together with the
number of such applications which were rejected by the State
and the reasons for rejection.
``(ii) The number of absentee ballots sent to each such
group of voters.
``(iii) The number of completed absentee ballots submitted
by each such group of voters, together with the number of
such ballots which were rejected by the State and the reasons
for rejection.
``(B) Breakdown by local jurisdiction and overseas
location.--In compiling and publishing the information
described in subparagraph (A), the State shall break down
each category of such information by county (or other
appropriate local election district) and by the locations to
which and from which the materials described in such
subparagraph were transmitted and received.
``(C) Transmission to presidential designee.--With respect
to information regarding a Presidential election year, the
State shall transmit the information compiled under this
paragraph to the Presidential designee at such time and in
such manner as the Presidential designee may require to
prepare the report described in section 101(b)(6).''.
SEC. 6. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE.
(a) Educating Election Officials on Responsibilities Under
Act.--Section 101(b)(1) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(1)) is
amended by striking the semicolon at the end and inserting
the following: ``, and ensure that such officials are aware
of the requirements of this Act;''.
(b) Development of Standard Oath for Use With Materials.--
(1) In general.--Section 101(b) of such Act (42 U.S.C.
1973ff(b)) is amended--
(A) by striking ``and'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(7) prescribe a standard oath for use with any document
under this title affirming that a material misstatement of
fact in the completion of such a document may constitute
grounds for a conviction for perjury.''.
(2) Requiring states to use standard oath.--Section 102(a)
of such Act (42 U.S.C. 1973ff-1(a)), as amended by sections
3(a) and 4, is further amended--
(A) by striking ``and'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(6) if the State requires an oath or affirmation to
accompany any document under this title, use the standard
oath prescribed by the Presidential designee under section
101(b)(7).''.
(c) Transmission of Federal Write-In Absentee Ballot
Through Facsimile Machines and Internet.--Section 103 of such
Act (42 U.S.C. 1973ff-2) is amended--
(1) by redesignating subsections (b) through (f) as
subsections (c) through (g); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Transmission of Ballot Through Facsimile Machines and
Internet.--The Presidential designee shall make the Federal
write-in absentee ballot and the application for such a
ballot available to overseas voters through the use of
facsimile machines and the Internet, and shall permit such
voters to transmit completed applications for such a ballot
to the Presidential designee through the use of such machines
and the Internet.''.
(d) Providing Breakdown Between Overseas Voters and Absent
Uniformed Services Voters in Statistical Analysis of Voter
Participation.--Section 101(b)(6) of such Act (42 U.S.C.
1973ff(b)(6)) is amended by inserting after ``participation''
the following: ``(listed separately for overseas voters and
absent uniformed services voters)''.
SEC. 7. GRANTING PROTECTIONS GIVEN TO ABSENT UNIFORMED
SERVICES VOTERS TO RECENTLY SEPARATED UNIFORMED
SERVICES VOTERS.
The Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff et seq.) is amended by inserting after section
104 the following new section:
``SEC. 104A. COVERAGE OF RECENTLY SEPARATED UNIFORMED
SERVICES VOTERS.
``(a) In General.--For purposes of this Act, an individual
who is a separated uniformed services voter (or the spouse or
dependent of such an individual) shall be treated in the same
manner as an absent uniformed services voter with respect to
any election occurring during the 60-day period which begins
on the date the individual becomes a separated uniformed
services voter.
``(b) Separated Uniformed Services Voter Defined.--
``(1) In general.--In this section, the term `separated
uniformed services voter' means an individual who--
``(A) is separated from the uniformed services;
``(B) was a uniformed services voter immediately prior to
separation;
``(C) presents to an appropriate election official
Department of Defense Form 214 showing that the individual
meets the requirements of subparagraphs (A) and (B) (or any
other official proof of meeting such requirements); and
``(D) is otherwise qualified to vote with respect to the
election involved.
``(2) Uniformed services voter.--In paragraph (1), the term
`uniformed services voter' means--
``(A) a member of a uniformed service on active duty; or
``(B) a member of the merchant marine.''.
SEC. 8. FINANCIAL ASSISTANCE TO STATES FOR COSTS OF
COMPLIANCE.
(a) In General.--The Presidential designee under the
Uniformed and Overseas Citizens Absentee Voting Act shall
make a payment to each eligible State for carrying out
activities to comply with the requirements of such Act,
including the amendments made to such Act by this Act.
(b) Eligibility.--A State is eligible to receive a payment
under this section if it submits to the Presidential designee
(at such time and in such form as the Presidential designee
may require) an application containing such information and
assurances as the Presidential designee may require.
(c) Authorization of Appropriations.--There are authorized
to be appropriated for the first fiscal year which begins
after the date of the enactment of this Act such sums as may
be necessary to carry out this section, to remain available
until expended.
SEC. 9. EFFECTIVE DATE.
The amendments made by sections 3, 4, 5, 6, and 7 shall
apply with respect to elections occurring after the date of
the enactment of this Act.
______
By Mr. ROCKEFELLER (for himself Mr. Roberts, and Mr. Kennedy):
S. 1262. A bill to make improvements in mathematics and science
education, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
Mr. ROCKEFELLER. Madam President, one of our major national problems
is the dismal educational achievement of our children in the areas of
mathematics and science. In 1989 President George H. Bush proposed and
the Governors adopted as a national goal that by the year 2000, the
United States would be first in the world in mathematics and science.
Not only has our country neglected this education goal, the evidence
shows that our country has not made significant improvements. Several
studies have shown that in the intervening years, our performance
relative to other industrialized countries is about average and there
is no indication of any change. Furthermore, the evidence clearly shows
that between the 4th and 8th grades our achievement level actually
declines relative to other countries.
Not only is this a concern for our future competitiveness in the
modern world but it could present a serious national security problem.
The U.S. Commission on National Security/21st Century concluded in a
February 2001 report that the ``Second only to a weapon of mass
destruction detonating in an American city, we can think of nothing
more dangerous than a failure to manage properly science, technology,
and education for the common good over the next quarter century.''
One major factor in this situation is the lack of sufficient
qualified mathematics and science teachers. A large number of
mathematics and science teachers are not certified in their subject
area. The greatest number of uncertified teachers are located in areas
with large minority populations and high concentrations of poverty.
This situation is of great concern since many studies have shown that
full certification or a major in the field is a strong predictor of
student achievement. Mr. Michael Porter of the Harvard Business School
has documented that over 90 percent of urban schools report teacher
shortages in mathematics and science. Furthermore, recently, the
National Council for Accreditation of Teacher Preparation showed that
50,000 new teachers enter the profession each year lacking appropriate
preparation. More than 30 percent of secondary mathematics teachers
hold neither a major or minor in mathematics.
I am proud to have Senators Roberts and Kennedy as original
cosponsors of this legislation since each is a recognized leader on
education. We are introducing a bipartisan bill entitled the
[[Page S8361]]
National Mathematics and Science Partnerships Act. Our bill is very
similar to legislation reported out of the House Committee on Science,
and I have worked with Chairman Boehlert on this important initiative.
The purpose of this bill is to make a major impact on the teaching of
technical subjects in grades K through 12. This bill accomplishes its
goal by bringing the wider community including industry into the
educational process through partnerships, by increasing the number of
qualified teachers and providing support programs to improve their
qualifications, and by providing access to master teachers, curriculum
related materials, and research opportunities. The bill also sets up
Centers of Research on Learning to determine which methodologies are
most effective for educating our students in mathematics and science.
One of the main provisions authorizes the National Science Foundation
to establish a program of mathematics and science education
partnerships involving universities and local educational agencies.
These partnerships will focus on a wide array of reform efforts ranging
from professional development to curriculum reform for grades K through
12. The partnerships may include the State educational agency and 50
percent of them must include businesses. These partnerships are
intended to conceive, develop, and evaluate innovative approaches to
education in mathematics, science, engineering, and other technical
subjects. A special feature is an emphasis on encouraging the ongoing
interest of girls in science, mathematics, engineering, or technology
preparing them to pursue careers in these fields.
A second provision authorizes the expansion of the National Science,
Mathematics, Engineering, and Technology Education Digital Library to
include peer reviewed elementary and secondary education materials. The
library will serve as an Internet accessible resource for state-of-the-
art curriculum materials in support of teaching technical subjects.
A third provision, that is of particular importance to me, provides
for the establishment of a new scholarship program designed to
encourage mathematics, science, and engineering majors to pursue
careers in teaching. The program provides grants to universities who
will, in turn, award scholarships to mathematics, science and
engineering majors who agree to teach following graduation and
certification. The institutions must also provide education and support
programs for the scholarship recipients. A second element is that
stipends will be offered to mid-career professionals in mathematics,
science, or engineering who need course work to transition to a career
in teaching. Recipients are required to teach in a K through 12 school
receiving assistance under Title I of the Elementary and Secondary
Education Act of 1965 as payback for the scholarship.
The bill also provides for a study of Broadband Network access for
schools and libraries. This requires the National Science Foundation to
determine how Broadband access can be used and can be effective in the
educational process. This section is important to the future of the
highly successful E-Rate program that is helping close the digital
divide between rich and poor schools and urban, rural, and suburban
schools.
Another important provision sets up a grant program to train master
teachers to work in K through 9 classrooms to improve the teaching of
mathematics or science. This program will develop an invaluable in-
house resource for teachers of technical subjects.
There are a number of other provisions, all of which, address
shortcomings in our current approach to education in technical
subjects.
I often visit West Virginia schools, and during the school year I use
the Internet to host on-line chats with students across the State. I
believe that students, parents, and teachers recognize the important of
math, science and engineering on the workplace, but we need a better
support system for these key subjects in my State, and nationwide.
The National Mathematics and Science Partnerships Act is not by
itself a solution to solving the crisis in technical education.
However, in conjunction with the reauthorization of the Elementary and
Secondary Education Act will begin the process of addressing a major
national problem. I urge my colleagues to join us in making our
children the best in the world.
Mr. President, I ask unanimous consent that a summary of the bill be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
National Mathematics and Science Partnerships Act
The overall purpose of this bill is to make a major impact
on the teaching of technical subjects in Grades K-12. Many
studies have indicated that the US is seriously lacking in
our ability to effectively convey scientific knowledge to K-
12 students that will enable them to go on to college and
major in technical fields. This situation has led to concern
that we are losing our competitive edge in the modern world.
A key element is the serious shortage of qualified math and
science teachers. This bill helps by bringing the wider
community including industry into the educational process, by
increasing the number of qualified teachers, and by providing
for access to support in the form of materials, research
opportunities, and Centers of Research on Learning.
Most of the provisions of this bill originated in the House
Science Committee and some of them reflect the
Administration's desires. We, in Senator Rockefeller's
office, have been working with the Science Committee for
several months. Our major input is the inclusion of a Title
that establishes scholarships for students who commit to
teach mathematics or science in Grades K-12 in return. We
have evaluated the other provisions and agree with them as
will be reflected in the bill we are planning to introduce.
The provisions of the proposed Senate bill are summarized
below.
Provisions of the ``National Mathematics and Science Partnerships Act''
1. Mathematics and Science Education Partnerships: This
provides for universities or consortia to receive grants to
establish partnership programs to improve the instruction of
math and science. The partnerships may include local
educational agencies and there is a mandate that 50% will
include businesses. There is a strong section on programs
aimed at girls. The appropriation is $200M/year for 2002-2006
2. Teacher Research Stipend: This provides grants for K-12
math and science teachers to do research in math, science and
engineering to improve their performance in the classroom.
The appropriation is $15M/year for 2002-2006.
3. National Science, Mathematics, Engineering, and
Technology Education Library: This Title expands the existing
Digital Library to archive and provide for the timely
dissemination through the Internet and other digital
technologies of educational materials to support the teaching
of technical subjects. The appropriation is $20M/year for
2002-2006.
4. Education Research Centers: This Section will establish
4 multi disciplinary Centers for Research on Learning and
Education Improvement. This provision is to do research in
cognitive science, education, and related fields to develop
ways to improve the teaching of math and science. It also
provides for an annual conference to disseminate the results
of the Center's activities. The appropriation is $12M/year
for 2002-2006.
5. Education Research Teacher Fellowships: This Section
provides grants for institutions of higher education to
enable teachers to have research opportunities related to the
science of learning. The appropriation is $5M/year for 2002-
2004.
6. Robert Noyce Scholarship Program: This Title is an
updated version of a scholarship program that Senator
Rockefeller and Rep. Boehlert sponsored and passed in 1989.
It calls for grants to universities or consortia to award
scholarships or stipends to students who agree to become K-12
math or science teachers. Scholarships are for $7,500 and are
limited to 2 years. In addition, there are provisions for a
stipend to enable mid-career math, science and engineering
professionals to receive their certificate to teach. The
stipend is $7,500 for 1 year. Recipients under this subtitle
are obligated to teach math or science. The requirement is 2
years for each year of support within 6 years of graduation.
The university or consortium receiving the grant is
responsible for monitoring compliance and collecting refunds
from those who do not comply. The appropriation is $20M/year
for 2002-2005 plus an unspecified amount for the NSF to
administer the program for 2006-2011.
Political History: While the Noyce scholarship was
authorized in 1989, we never secured appropriations to fund
the program, in part because NSF had concerns about the
scholarships and never lobbied OMB for the appropriations.
This time, we worked with NSF staff to get their consent so
that we really can promote these scholarships.
7. Requirements for Research Centers: Grant recipients
establishing research centers must offer programs for K-12
math and science teachers and the quality of their programs
is a criteria for awarding grants. There is no appropriation
for the Title.
The bill to be voted on by the House also contains a number
of other provisions added during the Science Committee Mark-
up. These are contained in a title called ``Miscellaneous
Provisions''.
[[Page S8362]]
1. Mathematics and Science Proficiency Partnerships: This
section sets up a demonstration project for local educational
agencies to develop a program to build technology curricula,
purchase equipment, and provide professional development for
teachers. It is specifically aimed at economically
disadvantaged students and requires private sector
participation. The private sector will donate equipment,
provide funds for internships and scholarships, and other
activities helping the objectives of this section. The
appropriation is $5M/year for 2002-2004.
2. Articulation Partnerships between Community Colleges and
Secondary Schools: Amends the ``Scientific and Advanced
Technology Act of 1992'' (P.L. 102-476) to direct the NSF to
give priority to proposals that involve students that are
under represented in technical fields. (The act applies to
two year Associate Degree granting colleges.) The
appropriation is $5M/year for 2002-2004.
3. Assessment of In-Service Teacher Professional
Development Programs: This section provides for the Director
of the NSF to review all programs sponsored by the NSF that
support in-service teacher professional development for
science teachers. The purpose is to determine whether
information technology is being used effectively and how
resources are allocated between summer activities and
reinforcement training. A report is due 1 year after
enactment of this Act. There is no appropriation.
4. Instructional Materials: The NSF may award grants for
the development of educational materials on energy
production, energy conservation, and renewable energy. There
is no appropriation.
5. Study of Broadband Network Access for Schools and
Libraries: The NSF is to provide an initial report to
Congress and provide an update every year for the next 6
years. The reports are to how Broadband access can used and
can be effective in the educational process. There is no
appropriation. This section relates to the ERATE law to which
Senator Rockefeller is very committed.
6. Educational Technology Assistance; Learning Community
Consortium: This section amends the ``Scientific and Advanced
Technology Act of 1992 to enable two year colleges to
establish centers to assist K-12 schools in the use of
information technology for technical subject instruction. The
appropriation is $5M/year for 2002-2004. There is an
additional appropriation of $10M to award a grant to a
consortium of associate-degree granting colleges to encourage
women, minorities, and disabled individuals to enter and
complete programs in technical fields.
The Senate bill will also include a title that incorporates
the provisions of HR 100. This bill was passed out of the
House Science Committee at the same time as HR 1858. This
bill was also included as Title II of S 478 previously
introduced by Senator Roberts, co-sponsored by Senators
Kennedy and Bingaman. This approach is agreed to by the House
Science Committee. The provisions are:
1. Master Teacher Grant Program: This provision establishes
a grant program to train master teachers to work in K-9
classrooms to improve the teaching of mathematics or science.
The appropriation is $50M/year for 2002-2004.
2. Dissemination of Information on Required Course of Study
for Careers in Science, Mathematics, Engineering, and
Technology Education: The NSF shall compile and disseminate
information on prerequisites for entrance into college to
pursue a course of study leading to teaching in a K-12
environment and on the licensing requirements for such
teachers. The appropriation is $5M/year for 2002-2004.
3. Requirement to Conduct Study Evaluation: The NSF shall
enter into an agreement with the National Academies of
Sciences and Engineering to review existing studies on the
effectiveness of technology in the classroom and to report
not later than one year after enactment of this Act. The
appropriation is $600K.
4. Science, Mathematics, Engineering, and Technology
Business Education Conference: The NSF shall convene an
annual 3-5 day conference for K-12 technology education
stakeholders to 1. identify and gather information on
existing programs, 2. determine the coordination between
providers, and 3. identify the common goals and divergences
among the participants. There will be a yearly report to the
Senate Commerce Committee and the House Science Committee.
Mr. ROBERTS. Mr. President, I rise today, along with my colleagues,
Senator Rockefeller and Senator Kennedy, to introduce a piece of
legislation that continues to build on our efforts to improve math and
science education.
The National Mathematics and Science Partnerships Act creates a
program through the National Science Foundation NSF, that provides a
variety of recruitment incentives for college students and individuals
who are engineering, science and math professionals in other fields, to
pursue teaching math and science. Additionally, math and science
teachers are provided a variety of professional development
opportunities. I am pleased to include in this legislation a portion of
a bill I introduced earlier this year, S. 478, the Engineering,
Science, Technology and Mathematics Education Enhancement Act.
The Math and Science Partnerships Act will provide grants for K-12
math and science teachers to do research in engineering, science and
math to do research in these areas to improve their performance in the
classroom, a demonstration project for LEAs to develop a program to
build technology curricula, purchase equipment and provide professional
development for teachers specifically aimed at economically
disadvantaged students. It also provides in-service support and a
master teacher grant program to hire master teachers who are
responsible for in-classroom help and oversight. Additionally, the
legislation assists high school students in pursuit of their careers as
math and science teachers by informing them of courses they should
complete in preparation for college.
Bipartisan efforts to increase and enhance math and science education
has been encouraging and I am glad to see that math and science
education is finally beginning to receive the recognition that is
needed and deserved.
The need to recruit and retain teachers in the math and science
fields as well as the need to improve the professional development
opportunities for teachers currently teaching math and science is
crucial. An article that appeared on May 6th in The Hutchinson News,
discusses the teacher recruiting woes that the State of Kansas is
experiencing. The article highlights Fort Hays State University in
Hays, KS and tells of a young graduate, Lora Clark, who has a teaching
degree in mathematics. With her degree Lora could have found a job
anywhere in the State of Kansas or with several other States who were
recruiting Fort Hays State teaching graduates. Thankfully, she chose to
stay in her home state and fill a mathematics teaching position in
Hanston, Kansas.
However, what stands out most from the article is the number of math
and science positions available at the career fair at Fort Hays State
and the number of students that have graduated with teaching degrees in
math and science. There were 125 math and science teaching positions
available and only 8 students graduating with math and science teaching
degrees. We desperately need to fill these positions with teachers who
have been properly trained and have professional development
opportunities in order to encourage students to pursue fields in
engineering, science, technology and math.
The U.S. will need to produce four times as many scientists and
engineers than we currently produce in order to meet future demand. The
U.S. has been a leader in technology for decades and the need for
skilled workers that will require technical expertise continues to
climb. Congress has had to increase the number of H-1B visas to fill
current labor shortages within these fields, we need to focus on long-
term solutions through the education of our children.
Improving our students knowledge of math and science is not only a
concern of American companies but also a concern of U.S. National
Security. According to the latest reports and studies regarding
National Security, the lack of math and science education beginning at
the K-12 level imposes a serious security threat. The report issued by
the U.S. Commission on National Security for the 21st Century reports
that ``The base of American national security is the strength of the
American economy. Therefore, health of the U.S. economy depends not
only on an elite that can produce and direct innovation, but also on a
populace that can effective assimilate new tools and technologies. This
is critical not just for the U.S. economy in general but specifically
for the defense industry, which must simultaneously develop and defend
against these same technologies.''
We are all aware of the need for good teacher recruitment and
retention programs because of the shortage of teachers many of our
states are experiencing or will experience. Math and science education
is no exception and I am glad to join my colleagues in introducing a
piece of legislation that will aid in improving and enhancing math and
science education and I encourage my colleagues to join in our fight.
______
By Ms. COLLINS (for herself and Ms. Snowe):
S. 1264. A bill to require the conveyance of a petroleum terminal
serving former Loring Air Force Base and Bangor Air National Guard
Base, Maine; to the Committee on Armed Services.
[[Page S8363]]
Ms. COLLINS. Madam President, I rise today to introduce the MackPoint
Petroleum Terminal Conveyance Act. This legislation will authorize the
conveyance of a petroleum tank farm at MackPoint in Searsport, ME, from
the United States Air Force, USAF, to the Maine Port Authority to
promote economic development in the state of Maine. The bill would
ultimately allow the transfer of a petroleum tank farm to the Maine
Port Authority in the State Department of Transportation, which will
provide critical support for the redevelopment strategy in the region.
The Port Authority in Maine has developed a three-port strategic goal
for economic development in Northern/Central Maine. This economic
development remains high on my list of priorities, and this bill would
bring us one step closer toward this goal.
I am introducing this bill as a companion to legislation, The Loring
Pipeline Reunification Act, which I introduced on the floor earlier
this year. This companion legislation would convey a section of a
pipeline connected to the tank farm, from the USAF to the Loring
Development Authority, LDA, also to contribute to the re-development of
the former Loring Air Force Base. Created by the Maine State
Legislature, Loring Development Authority is responsible for promoting
and marketing the development of the former base so as to attract more
economic development to Northern/Central Maine.
The tank farm and pipeline originally were built to supply the former
Loring Air Base with fuel products critical to its mission as a support
base for B-52 bombers and KC-135 tankers. Prior to the base's closure
in 1994, Defense Fuels would deliver fuel products by tanker to the
Searsport tank farm, where the line originates, and then pump them
through the line to the base. For a period following the base closure,
the Maine Air National Guard continued to use the Searsport Tank Farm
and the pipeline segment from Searsport to Bangor to supply their
activities in Bangor. After a study conducted by the Defense Energy
Support Center, a division of the Defense Logistics Agency however, the
Air National Guard changed their means of transporting fuel from
pipeline to truck.
The Air National Guard supports the vision of re-unifying the
pipeline and tank farm, as does the Maine State Department of
Transportation, and Sprague Industries, the current owner of the land
on which part of the tank farm sits. In consideration of the large
geographical expanse of my State, with often treacherous winter
conditions, and the fuel shortages that have vexed the Northeast over
the past two winters, I believe that the conveyance of this tank farm
and the adjoining pipeline would serve the public well. It would
provide a safer means of transporting fuel and, by presenting a more
efficient means of accessing fuel, manufacturing and processing plants
currently considering new operations in the economically-challenged
area would be better connected to the resources of the Eastern
seaboard.
______
By Mr. DURBIN. (for himself, Mr. Kennedy, Mr. Reid, Mr. Dodd, Mr.
Wellstone, Mr. Corzine, and Mr. Feingold):
S. 1265. A bill to amend the Immigration and Nationality Act to
require the Attorney General to cancel the removal and adjust the
status of certain aliens who were brought to the United States as
children; to the Committee on the Judiciary.
Mr. DURBIN. Madam President, this past Spring thousands of students
across our Nation donned their caps and gowns and received their high
school diplomas as their proud parents and family members looked on.
This is an important milestone in the lives of both the graduates and
their parents.
However, while many of these graduates will be looking forward to
college, tens of thousands of these students will never get to attend
college and realize their dreams. Why? Because these children are
undocumented. Most of these children were brought to the United States
at a very young age by their parents and did not have the ability to
make an independent decision about where they would live. They had no
choice in matter. Thus, they grew up here. They went to school here.
And like other children, they too had thoughts of realizing the
American dream. These dreams are quickly dashed when these students
realize that, unlike their classmates, college is not on their horizon
because of their immigration status.
Although Congress and the United States Supreme Court rightfully
require State and local education agencies to permit undocumented
children to attend elementary and secondary school, there are very few
mechanisms under current law for these children to legalize their
immigration status or go on to college once they have completed their
high school education. They are effectively denied the opportunity to
go to college and are constantly under the threat of deportation. Their
lives are filled with uncertainty and lost opportunity.
That is why I, along with Senators Kennedy, Reid, Dodd, Wellstone,
Corzine, and Feingold, am introducing the Children's Adjustment,
Relief, and Education Act, CARE Act. Representatives Cannon, Berman,
and Roybal-Allard introduced a companion bill in the House on May 21,
2001.
The CARE Act would provide immigration relief to undocumented
children who are in the United States, have lived a significant portion
of their lives in this country, are of good moral character, and are
interested in remaining in the country and continuing their education.
The CARE Act would help lift these vulnerable children from the shadows
of society and free them to go to college, regularize their status, and
fully contribute to our country, now their country.
The CARE Act includes three major provisions.
As to restoration of the State option to determine residency for
purposes of higher education benefits, first, the Act would repeal
Section 505 of the 1996 immigration law, under which any State that
provides in-state tuition or other higher education benefits to
undocumented immigrants must provide the same tuition break or benefit
to out-of-state residents. In other words, under Section 505, a State
must charge the same tuition to out-of-state U.S. citizens as
it charges to resident undocumented aliens. Repeal of Section 505 would
restore to the States the authority to determine their own residency
rules.
As to immigration relief for long-term resident students, second, the
Act would permit students in America's junior high schools and high
schools who have good moral character, reside in the United States, and
have lived in the United States for at least five years to obtain
special immigration relief, known as cancellation of removal, so that
they can go to college and eventually become United States citizens.
The act also applies to high school graduates who are under 21 years of
age and are either enrolled in or are seriously pursuing admission to
college.
As to higher education benefits for Student Adjustment Act
applicants, finally, the Act would ensure that students who are
applying for immigration relief under the Act may obtain federal
student assistance on the same basis as other students while their
application is being processed.
This legislation would help children like Luis Miguel in my home
State of Illinois. Luis was born to a single mother in Guadalajara,
Mexico. His mother was having a very difficult time living in Mexico so
she decided to take her children and migrate to the United States. Luis
was eight years old. He didn't have a say in the matter.
Luis was enrolled in a grammar school and after school he worked in a
supermarket carrying groceries for people. Because Luis' mother was
unable to make ends meet, she sent Luis to live in Chicago with his
aunt and uncle when he was nine. He has lived there ever since.
Luis is currently 17 years old and just finished up his junior year
at Kelly High School in Chicago. He is an above average student, and
hopes to attend the University of Illinois at Chicago someday and
become a computer engineer. He says he loves being involved in all
types of activities because it makes him feel good about himself, and
motivates him to do better. He is very active in and out of school. He
is part of his school band, where he plays percussion, and he plays
soccer in the Davis Square Park League. In the past he has participated
in his church's choir, marimba band and folkloric ballet dance
[[Page S8364]]
group. Luis also volunteers as a teacher for catechism classes at Holy
Cross Church.
Luis has so much promise. But without this legislation, he is barred
from fulfilling his potential.
The same is true for a young musical prodigy who recently completed
her senior year of high school in the City of Chicago. Because of her
exceptional musical talent, she was offered a scholarship to Juilliard.
It is only in filling out the application that she learned of her
undocumented status. Her only recourse: go to Korea, where she has
never been, and live her life there. I believe our Nation can do better
than this.
These stories are not unique to Illinois. Tens of thousands of high
school students across our Nation, some of them valedictorians, are
similarly situated and face uncertain futures. They cannot continue
their lives or education once they graduate from high school. Instead,
they face deportation.
Not only do these children suffer but our Nation suffers because we
are deprived of future contributors and leaders, increased tax
revenues, economic growth and social richness. We suffer because
children who might have been scientists, nurses, teachers or engineers
are forced, instead, to settle for the limited employment options
available to those without a college degree.
Moreover, the damage to our communities starts long before high
school graduation. Guidance counselors report that many promising
students drop out of school at an early age once they realize that they
will, as a practical matter, be barred from going to college.
I urge my colleagues to join me, Senators Kennedy, Reid, Dodd,
Wellstone, Corzine, and Feingold in supporting this legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1265
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 Adjustment,
Relief, and Education Act'' or the ``CARE Act''.
SEC. 2. DEFINITION.
In this Act, the term ``secondary school student'' means a
student enrolled in any of the grades 7 through 12.
SEC. 3. STATE FLEXIBILITY IN PROVIDING IN-STATE TUITION FOR
COLLEGE-AGE ALIEN CHILDREN.
(a) In General.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Public Law
104-208; division C; 110 Stat. 3009-672) (8 U.S.C. 1623) is
hereby repealed.
(b) Effective Date.--The repeal made by this section to the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 shall take effect as if included in the enactment of
such Act.
SEC. 4. -CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR
CERTAIN ALIEN CHILDREN.
(a) In General.--Section 240A of the Immigration and
Nationality Act (8 U.S.C. 1229b) is amended--
(1) in subsection (b), by inserting at the end the
following new paragraph:
``(5) Special rule for residents brought to the united
states as children.--
``(A) Authority.--Subject to the restrictions in
subparagraph (B), the Attorney General shall cancel removal
of, and adjust to the status of an alien lawfully admitted
for permanent residence, an alien who is inadmissible or
deportable from the United States, if the alien applies for
relief under this paragraph and demonstrates that on the date
of application for such relief--
``(i) the alien had not attained the age of 21;
``(ii) the alien had been physically present in the United
States for a continuous period of not less than five years
immediately preceding the date of such application;
``(iii) the alien had been a person of good moral character
during the five-year period preceding the application; and
``(iv) the alien--
``(I) was a secondary school student in the United States;
``(II) was attending an institution of higher education in
the United States as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001); or
``(III) with respect to whom the registrar of such an
institution of higher education in the United States had
certified that the alien had applied for admission, met the
minimum standards for admission, and was being considered for
admission.
``(B) Restrictions on authority.--Subparagraph (A) does not
apply to--
``(i) an alien who is inadmissible under section
212(a)(2)(A)(i)(I), or is deportable under section
237(a)(2)(A)(i), unless the Attorney General determines that
the alien's removal would result in extreme hardship to the
alien, the alien's child, or (in the case of an alien who is
a child) to the alien's parent; or
``(ii) an alien who is inadmissible under section
212(a)(3), or is deportable under section 237(a)(2)(D)(i) or
237(a)(2)(D)(ii).''; and
(2) in subsection (d)(1)(A), by inserting ``or (5)'' after
``subsection (b)(2)''.
(b) Exemption From Numerical Limitations.--Section 240A of
the Immigration and Nationality Act (8 U.S.C. 1229b), as
amended by this Act, is further amended in subsection (e)(3)
by adding at the end the following new subparagraph:
``(C) Aliens described in subsection (b)(5).''.
(c) Application of Provisions.--For the purpose of applying
section 240A(b)(5)(A) of the Immigration and Nationality Act
(as added by subsection (a))--
(1) an individual shall be deemed to have met the
qualifications of clause (i) of such section 240A(b)(5)(A) if
the individual--
(A) had not attained the age of 21 prior to the date of
enactment of this Act; and
(B) applies for relief under this section within 120 days
of the effective date of regulations implementing this
section; and
(2) an individual shall be deemed to have met the
requirements of clauses (i), (ii), and (iv) of such section
240A(b)(5)(A) if--
(A) the individual would have met such requirements at any
time during the four-year period immediately preceding the
date of enactment of this Act; and
(B) the individual has graduated from, or is on the date of
application for relief under such section 240A(b)(5) enrolled
in, an institution of higher education in the United States
(as defined in clause (iv) of such section 240A(b)(5)(A)).
(d) Confidentiality of Information.--
(1) Prohibition.--Neither the Attorney General, nor any
other official or employee of the Department of Justice may--
(A) use the information furnished by the applicant pursuant
to an application filed under section 240A(b)(5) of the
Immigration and Nationality Act (as added by this Act) for
any purpose other than to make a determination on the
application;
(B) make any publication whereby the information furnished
by any particular individual can be identified; or
(C) permit anyone other than the sworn officers and
employees of the Department or, with respect to applications
filed under such section 240A(b)(5) with a designated entity,
that designated entity, to examine individual applications.
(2) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this subsection
shall be fined not more than $10,000.
(e) Regulations.--
(1) Proposed regulation.--Not later than 60 days after the
date of enactment of this Act, the Attorney General shall
publish proposed regulations implementing this section.
(2) Interim, final regulations.--Not later than 120 days
after the date of enactment of this Act, the Attorney General
shall publish final regulations implementing this section.
Such regulations shall be effective immediately on an interim
basis, but shall be subject to change and revision after
public notice and opportunity for a period of public comment.
(3) Elements of regulations.--In promulgating regulations
described in paragraphs (1) and (2), the Attorney General
shall do the following:
(A) Application for relief.--Establish a procedure allowing
eligible individuals to apply affirmatively for the relief
available under section 240A(b)(5) of the Immigration and
Nationality Act (as added by this Act) without being placed
in removal proceedings.
(B) Continuous presence.--Ensure that an alien shall not be
considered to have failed to maintain continuous physical
presence in the United States for purposes of section
240A(b)(5)(ii) of the Immigration and Nationality Act (as
added by this Act) by virtue of brief, casual, and innocent
absences from the United States.
(f) Conforming Amendment.--Section 240A(b) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)), as
amended by this Act, is further amended in paragraph (4) by
striking ``paragraph (1) or (2)'' each place it occurs and
inserting ``paragraph (1), (2), or (5)''.
SEC. 5. ELIGIBILITY OF CANCELLATION APPLICANTS FOR
EDUCATIONAL ASSISTANCE.
(a) Qualified Aliens.--Section 431 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1641(b)) is amended by adding at the end the
following new paragraph:
``(8) for purposes of determining eligibility for
postsecondary educational assistance, including grants,
scholarships, and loans, an alien with respect to whom an
application has been filed for relief under section
240A(b)(5) of the Immigration and Nationality Act, but whose
application has not been finally adjudicated.''.
(b) Effective Date.--The amendment made by this section
shall apply as if enacted on August 22, 1996.
Mr. KENNEDY. Mr. President, I strongly support the Children's
Adjustment, Relief, and Education Act. This needed legislation will
give thousands
[[Page S8365]]
of immigrant children who are presently unable to obtain a higher
education a fair opportunity to realize the American dream.
For too many of these children, the highest level of education they
can hope to attain is a high school diploma. It is not their lack of
ability or their lack of desire which holds these children back. It is
the fact that they were born abroad to parents who unlawfully entered
this country. Under current law, they are often denied State and
Federal aid for higher education. In an economy in which higher
education is a prerequisite for higher wages and benefits, the result
of current law is to relegate these children to an uncertain future.
It is wrong to punish these children for their parents' actions. That
is why I strongly support the CARE Act. It will help undocumented
children who are in the United States, who have lived a significant
portion of their lives in this country, who are of good moral
character, and who want to remain in this country and continue their
education. It will give them special immigration relief so that they
can go to college and eventually become U.S. citizens. I urge my
colleagues to support this important legislation.
______
By Mr. CRAPO (for himself Mr. Lugar Mr. Roberts, and Mr.
Hutchinson):
S. 1267. A bill to extend and improve conservation programs
administered by the Secretary of Agriculture; to the Committee on
Agriculture, Nutrition, and Forestry.
Mr. CRAPO. Mr. President, I rise today to introduce the Conservation
Extension and Enhancement, CEE, Act. I am pleased to be joined in
introducing this bill by Senator Richard Lugar, the Ranking Member of
the Senate Agriculture Committee, Senator Pat Roberts, and Senator Tim
Hutchinson.
America's agricultural producers have long been the best stewards of
the land. This legislation helps farmers and ranchers continue to meet
the public's increasing demands for cleaner air and water, greater soil
conservation, increased wildlife habitat, and more open space. These
demands have resulted in more stringent applications of Federal and
State environmental regulations, including the Clean Water Act, the
Clean Air Act, and the Endangered Species Act. It is appropriate we
direct our funding to help producers in their efforts to provide these
public benefits.
Conservation is an important component of Federal farm policy. This
proposal dedicates the resources necessary to ensure farmers and
ranchers are receiving the assistance they need to provide the
environmental benefits the public deserves. It will keep working farms
working effectively from an economic and environmental perspective. To
do this, CEE re-authorizes necessary conservation programs, makes
enhancements to these voluntary programs, and provides increased
funding to meet increasing needs.
The last farm bill built on the past successes of the Conservation
Reserve Program, CRP, and Wetlands Reserve Program, WRP, and enhanced
the flexibility of the compliance programs, while creating a number of
new conservation programs. There are many success stories associated
with these programs, both new and old. However, there have also been
suggestions made to improve these programs. This initiative implements
those suggestions to make the programs more effective and increases
their funding.
CRP has been one of the most successful conservation programs in USDA
history. The program provides a rental payment to producers for
voluntarily converting highly-erodible or environmentally-sensitive
cropland to a cover crop or grasses or trees. The program has led to a
tremendous reduction in soil erosion, and has been responsible for
creation of habitat for a wide variety of species. Unfortunately, CRP
is currently nearing its acreage cap.
I share the concerns of many producers and rural Americans about the
impact of idled land on production and main street economies. CEE
increases the acreage cap by 3.6 million acres to a total of 40 million
acres, but it sets aside those 3.6 million acres for continuous
enrollment CRP and the Conservation Reserve Enhancement Program, CREP.
These two programs, continuous CRP and CREP, focus on conservation
buffers, allowing producers to maintain working lands, while getting
assistance in protecting their most environmentally-sensitive lands.
WRP has played an important role in protecting and restoring
wetlands. WRP provides payments to producers for enrolling wetlands in
permanent, thirty-year, or ten-year easements. It also provides
technical and financial assistance to land owners seeking help in
restoring wetlands. The environmental benefits of wetlands cannot be
underestimated. Unfortunately, WRP is nearing its acreage cap of 1.075
million acres. CEE allows for an additional 250,000 acres to be
enrolled in the program annually.
The Farmland Protection Program is targeted at easing development
pressure on agriculture lands. It provides a payment to producers who
agree to enroll land in easements and has been an important program in
meeting the public demand for open space. Again, producer demand far
outpaces available funding. CEE provides $100 million annually to this
important program.
Another successful program in need of continued authorization and
funding is the Wildlife Habitat Incentives Program. This program
provides technical and financial assistance to producers who want to
establish improved fish and wildlife habitat. My bill provides $100
million annually to this program, while creating a pilot project that
assists landowners in focusing their efforts on addressing species
concerns before the species is in threat of listing under the
endangered species act.
One of the most important programs available to assist producers is
the Environmental Quality Incentives Program. EQIP provides technical
and financial assistance to producers to adopt conservation practices.
Demand for the program greatly exceeds existing funding. CEE provides
for a tripling of the funding, while increasing flexibility in the
program. EQIP has been the primary vehicle for assisting producers to
comply with the Clean Water Act. It has been estimated producers will
have to spend billions to comply with new regulations, such as total
maximum daily loads and confined animal feeding operations. Increasing
the funding and flexibility of the EQIP programs is vital to helping
producers meet the challenges of the Clean Water Act and other
environmental regulations.
Also included in this comprehensive bill is the creation of the
Grasslands Reserve Program. Like the other conservation programs
created through past farm bills, it is a bipartisanly-supported,
voluntary program. The Grasslands Reserve Program would be a voluntary
grassland easement program to provide protections for native
grasslands. This will ease development pressure on ranchlands,
providing a long-term commitment to wildlife and the environment. I am
also pleased to be a co-sponsor of a free-standing Grassland's
legislation introduced by my colleague, Senator Larry Craig.
CEE also provides funding for the Conservation of Private Grazing
Lands program. This program offers technical assistance to ranchers
seeking to implement best management practices and other range
improvements.
The bill codifies existing practices for the Resource Conservation
and Development, RC&D, program, while increasing flexibility in the use
of funds. RC&Ds effectively leverage federal funds to assist in
stabilizing and growing communities while protecting and developing
natural resources.
CEE also provides for several studies. It authorizes a National
Academy of Sciences study to develop a protocol for measuring
accomplishments. This protocol is necessary to ensure we are getting
maximum environmental benefits for the taxpayer.
The bill also directs the Secretary of Agriculture to review existing
disaster programs and report on how to improve the timeliness and
effectiveness of the overall disaster program. Natural disasters are a
constant threat to farmers and ranchers. Flooding, drought, fire, and
other natural events impact even the most efficient operations, causing
losses beyond producer control. An effective disaster program is vital
to the survival of many farms and ranches.
Conservation programs are vital to continued progress in creating
efficient, environmentally and farmer-friendly agricultural policies.
This bill sets a baseline as we endeavor to create
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a farm policy that recognizes the importance of conservation efforts,
builds upon past efforts, is equitable, and has measurable
achievements. I ask my colleagues to join me in co-sponsoring this
bill.
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