[Congressional Record Volume 148, Number 48 (Thursday, April 25, 2002)]
[Senate]
[Pages S3436-S3448]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CORZINE:
  S. 2250. A bill to amend title 10, United States Code, to reduce the 
age for receipt of military retired pay for nonregular service from 60 
to 55; to the Committee on Armed Services.
 Mr. CORZINE. Mr. President, I rise today to introduce a bill 
that would reduce the retirement age for members of the National Guard 
and Reserve from 60 to 55. This change would allow 93,000 reservists 
currently aged 55 to 59 to retire with full benefits and would restore 
parity between the retirement systems for Federal civilian employees 
and reservists.
  In the interests of fairness, the United States must act quickly to 
restore parity between the retirement age for civilian Federal 
employees and their reserve counterparts. When the reserve retirement 
system was created

[[Page S3437]]

in 1947, the retirement age for reservists was identical to the age for 
civilian employees. At age 60, reservists and Government employees 
could hang up their uniforms and retire with full benefits. However, 
since 1947, the retirement age for civilian retirees has been lowered 
by 5 years, while the reserve retirement age has not changed.
  The disparate treatment of Federal employees and reservists would 
have been serious enough had the nature of the work performed by the 
reserves not changed substantially over the past five decades. But 
America has never placed greater demands on its ready reserve than it 
does now. Today, some 80,000 reservists are serving their country in 
the war on terrorism, both at home and abroad. America's dependence on 
our ready reserve has never been more obvious, as reservists are now 
providing security at our nation's airports and air patrols over our 
major cities.
  With call-ups that last several months and take reservists far from 
home, serving the Nation as a reservist has taken on more of the 
trappings of active duty service than ever before. Before the war on 
terrorism began, reservists were performing about 13 million man-days 
each year, more than a 10-fold increase over the 1 million man-days per 
year the reserves averaged just 10 years ago. These statistics, the 
latest numbers available, do not even reflect the thousands of 
reservists who have been deployed since September 11. There is little 
doubt there will be a dramatic increase in the number of man-days for 
2001 and 2002. In my view, with additional responsibility should come 
additional benefits.
  The Department of Defense typically has not supported initiatives 
like this. The Department has expressed concern over the proposal's 
cost, which is estimated to be approximately $20 billion over 10 years, 
although CBO figures are not yet available. However, I am concerned 
that the Department's position may be shortsighted.
  At a time when there is a patriotic fervor and a renewed enthusiasm 
for national service, it is easy to forget that not long ago, the U.S. 
military was struggling to meet its recruitment and retention goals. In 
the aftermath of September 11, defense-wide recruitment and retention 
rates have improved. However, there is no guarantee that this trend 
will continue. Unless the overall package of incentives is enhanced, 
there is little reason to believe that we will be able to attract and 
retain highly-trained personnel.
  Active duty military personnel have often looked to the reserves as a 
way of continuing to serve their country while being closer to family. 
With thousands of dollars invested in training active duty officers and 
enlisted soldiers, the United States benefits tremendously when 
personnel decide to continue with the reserves. But with reserve 
deployments increasing in frequency and duration, pulling reservists 
away from their families and civilian life for longer periods, the 
benefit of joining the reserves instead of active duty has been 
severely reduced. The more we depend on the reserves, the greater 
chance we have of losing highly trained former active duty servicemen 
and women. The added incentive of full retirement at 55 might provide 
an important inducement for some of them to stay on despite the surge 
in deployments.
  Enacting this legislation will send the clear message that the United 
States values the increased sacrifice of our reservists during these 
trying times. The legislation has been endorsed by key members of the 
Military Coalition, including the Veterans of Foreign Wars, the Air 
Force Sergeants Association, the Air Force Association, the Retired 
Enlisted Association, the Fleet Reserve Association, the Naval Reserve 
Association, and the National Guard Association. The bill would restore 
parity between the reserve retirement system and the civilian 
retirement system, acknowledge the increased workload of reserve 
service, and provide essential personnel with an inducement to join and 
stay in the reserves until retirement.
                                 ______
                                 
      By Mr. SMITH of New Hampshire (for himself, Mr. Inhofe, and Mr. 
        Ensign):
  S. 2271. A bill to provide for research on, and services for, 
individuals with post-abortion depression and psychosis; to the 
Committee on Health, Education, Labor and Pensions.
 Mr. SMITH of New Hampshire. Mr. President, I rise today, along 
with Senators Inhofe and Ensign, to introduce the Post-Abortion Support 
and Services Act.
  On November 1, 2001, the Senate unanimously passed an amendment I 
introduced to the Labor-HHS Appropriations bill recognizing the 
existence of post-abortion syndrome. The amendment encouraged the 
National Institute of Mental Health (NIMH) to ``expand and intensify 
research and related activities'' regarding this issue, and it is the 
first time that the United States Senate is on record acknowledging 
that post-abortion syndrome is a serious problem for American women.
  This bill is an extension of what has already passed the Senate, and 
provides the National Institutes of Health with Federal resources to 
research the emotional impact of abortion on women. The bill also 
creates a $1.5 million grant program to fund the development of 
treatment programs for women who suffer from post-abortion syndrome.
  What is post-abortion syndrome? Many people have never heard of it. 
Many others deny its existence.
  Post-abortion syndrome is characterized by one or more of the 
following symptoms: severe depression, guilt, eating disorders, anxiety 
and panic attacks, addictions, anniversary grief, nightmares, lower 
self-esteem, intense anger, suicidal urges, sexual problems or 
promiscuity, difficulty with relationships, and unexplained sadness.
  A new study from the prestigious British Medical Journal reports that 
women who abort a first pregnancy are at greater risk of subsequent 
long-term clinical depression compared to women who carry an unintended 
first pregnancy to term.
  Among the key findings: the association between abortion and 
subsequent depression persists over at least 8 years. Many other 
studies show similar findings, and more.
  Post-abortion syndrome is a treatable disorder if promptly diagnosed 
by a trained provider and attended to with a personalized regimen of 
care including social support, counseling, therapy, medication, and if 
necessary, hospitalization.
  A number of women who have undergone abortions also experience 
debilitating physical health problems such as infection, cervical 
tearing, infertility, excess bleeding, and death. Thus, the bill also 
seeks to study the physical repercussions of abortion as well.
  After 29 years of legalized abortion, it is time that we recognize 
the suffering that so many women have undergone by carefully examining 
the women's emotional and physical health following her abortion 
decision. We have a responsibility to understand what they are going 
through and how we can appropriately diagnose and treat them.
  It is my sincere hope that we can pass this bill and give our support 
to potentially millions of women across the country who suffer alone 
with their private and profound guilt and depression. Many women who 
choose abortion have previously aborted. If we are ever going to end 
abortion in America, we must reach out with love and compassion to 
women who deeply regret their decision to abort their children, not 
only to encourage them through their present struggles, but also to 
help them so they will not choose abortion for themselves again in the 
future.
  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. 2271

       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 ``Post-Abortion Support and 
     Services Act''.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) About 3,000,000 women per year in the United States 
     have an unplanned or unwanted pregnancy, and approximately 
     1,186,000 of these pregnancies end in elective abortion.
       (2) Abortion can have severe and long-term effects on the 
     mental and emotional well-being of women. Women often 
     experience sadness and guilt following abortions with

[[Page S3438]]

     no one to console them. They may have difficulty in bonding 
     with new babies, become overprotective parents, or develop 
     problems in their relationships with their spouses. Problems 
     such as eating disorders, depression, and suicide attempts 
     have also been traced to past abortions.
       (3) Negative emotional reactions associated with abortion 
     include, depression, bouts of crying, guilt, intense grief or 
     sadness, emotional numbness, eating disorders, drug and 
     alcohol abuse, suicidal urges, anxiety and panic attacks, 
     anger, rage, sexual problems or promiscuity, lowered self 
     esteem, nightmares and sleep disturbances, flashbacks, and 
     difficulty with relationships.
       (4) Women who aborted a first pregnancy are four times more 
     likely to report substance abuse compared to those who 
     suffered a natural loss of their first pregnancy, and are 
     five times more likely to report subsequent substance abuse 
     than women who carried to term.
       (5) Research shows that the more women attempt to cope with 
     abortion using means of avoidance, mental disengagement, or 
     denial, the more likely the women are to report post-abortion 
     distress, intrusive thoughts, and dissatisfaction.
       (6) Women who experience a lack of social support and 
     strong feelings of ambivalence are statistically more likely 
     to suffer severe negative emotional reactions to an abortion.
       (7) Depression and other maladjustments to abortion can be 
     prolonged by the failure of the medical community, loved 
     ones, and society to recognize the complexity of post-
     abortion reactions.
       (8) Many women submit to an abortion in violation of their 
     own moral beliefs or maternal desires in order to satisfy the 
     demands of others.
       (9) Women who submit to an abortion because of social 
     pressure are more likely to suffer from psychological 
     distress in subsequent years.
       (10) Post-abortion depression is a treatable disorder if 
     promptly diagnosed by a trained provider and attended to with 
     a personalized regimen of care including social support, 
     therapy, medication, and when necessary, hospitalization.
       (11) While there have been many studies regarding the 
     emotional aftermath of abortion, very little research has 
     been sponsored by the National Institutes of Health.

      TITLE I--RESEARCH ON POST-ABORTION DEPRESSION AND PSYCHOSIS

     SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF THE 
                   NATIONAL INSTITUTE OF MENTAL HEALTH.

       (a) In General.--
       (1) Post-abortion conditions.--The Secretary of Health and 
     Human Services, acting through the Director of NIH and the 
     Director of the National Institute of Mental Health (in this 
     section referred to as the ``Institute''), shall expand and 
     intensify research and related activities of the Institute 
     with respect to post-abortion depression and post-abortion 
     psychosis (in this section referred to as ``post-abortion 
     conditions'').
       (2) Additional conditions.--In addition to the post-
     abortion conditions under paragraph (1), the Secretary of 
     Health and Human Services, acting through the Director of the 
     National Institutes of Health, shall expand and intensify 
     research and related activities of the National Institutes of 
     Health with respect to the physical side effects of having an 
     abortion, including infertility, excessive bleeding, cervical 
     tearing, infection, and death.
       (b) Coordination With Other Institutes.--The Director of 
     the Institute shall coordinate the activities of the 
     Directors under subsection (a) with similar activities 
     conducted by the other national research institutes and 
     agencies of the National Institutes of Health to the extent 
     that such Institutes and agencies have responsibilities that 
     are related to post-abortion conditions.
       (c) Programs for Post-Abortion Conditions.--In carrying out 
     subsection (a), the Director of the Institute shall conduct 
     or support research to expand the understanding of the causes 
     of, and to find a cure for, post-abortion conditions. 
     Activities under such subsection shall include conducting and 
     supporting the following:
       (1) Basic research concerning the etiology of the 
     conditions.
       (2) Epidemiological studies to address the frequency and 
     natural history of the conditions and the differences among 
     racial and ethnic groups with respect to the conditions.
       (3) The development of improved diagnostic techniques.
       (4) Clinical research for the development and evaluation of 
     new treatments, including new biological agents.
       (5) Information and education programs for health care 
     professionals and the public.
       (d) Longitudinal Study.--
       (1) In general.--The Director of the Institute shall 
     conduct a national longitudinal study to determine the 
     incidence and prevalence of cases of post-abortion 
     conditions, and the symptoms, severity, and duration of such 
     cases, toward the goal of more fully identifying the 
     characteristics of such cases and developing diagnostic 
     techniques.
       (2) Report.--Beginning not later than 3 years after the 
     date of the enactment of this Act, and periodically 
     thereafter for the duration of the study under paragraph (1), 
     the Director of the Institute shall prepare and submit to the 
     Congress reports on the findings of the study.
       (e) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there is authorized to be 
     appropriated $3,000,000 for each of the fiscal years 2002 
     through 2006.

 TITLE II--DELIVERY OF SERVICES REGARDING POST-ABORTION DEPRESSION AND 
                               PSYCHOSIS

     SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS.

       (a) In General.--The Secretary of Health and Human Services 
     (in this title referred to as the ``Secretary'') shall, in 
     accordance with this title, make grants to provide for 
     projects for the establishment, operation, and coordination 
     of effective and cost-efficient systems for the delivery of 
     essential services to individuals with post-abortion 
     depression or post-abortion psychosis (referred to in this 
     section as a ``post-abortion condition'') and their families.
       (b) Recipients of Grants.--A grant under subsection (a) may 
     be made to an entity only if the entity--
       (1) is a public or nonprofit private entity that may 
     include a State or local government, a public or nonprofit 
     private hospital, a community-based organization, a hospice, 
     an ambulatory care facility, a community health center, a 
     migrant health center, a homeless health center, or another 
     appropriate public or nonprofit private entity; and
       (2) had experience in providing the services described in 
     subsection (a) before the date of the enactment of this Act.
       (c) Certain Activities.--To the extent practicable and 
     appropriate, the Secretary shall ensure that projects under 
     subsection (a) provide services for the diagnosis and 
     management of post-abortion conditions. Activities that the 
     Secretary may authorize for such projects may also include 
     the following:
       (1) Delivering or enhancing outpatient and home-based 
     health and support services, including case management, 
     screening and comprehensive treatment services for 
     individuals with or at risk for post-abortion conditions, and 
     delivering or enhancing support services for their families.
       (2) Improving the quality, availability, and organization 
     of health care and support services (including transportation 
     services, attendant care, day or respite care, and providing 
     counseling on financial assistance and insurance) for 
     individuals with post-abortion conditions and support 
     services for their families.
       (d) Integration With Other Programs.--To the extent 
     practicable and appropriate, the Secretary shall integrate 
     the program under this title with other grant programs 
     carried out by the Secretary, including the program under 
     section 330 of the Public Health Service Act.
       (e) Limitation on Amount of Grants.--A grant under 
     subsection (a) for any fiscal year may not be made in an 
     amount exceeding $100,000.

     SEC. 202. CERTAIN REQUIREMENTS.

       A grant may be made under section 201 only if the applicant 
     involved makes the following agreements:
       (1) Not more than 5 percent of the grant will be used for 
     administration, accounting, reporting, and program oversight 
     functions.
       (2) The grant will be used to supplement and not supplant 
     funds from other sources related to the treatment of post-
     abortion conditions.
       (3) The applicant will abide by any limitations deemed 
     appropriate by the Secretary on any charges to individuals 
     receiving services pursuant to the grant. As deemed 
     appropriate by the Secretary, such limitations on charges may 
     vary based on the financial circumstances of the individual 
     receiving services.
       (4) The grant will not be expended to make payment for 
     services authorized under section 201(a) to the extent that 
     payment has been made, or can reasonably be expected to be 
     made, with respect to such services--
       (A) under any State compensation program, under an 
     insurance policy, or under any Federal or State health 
     benefits program; or
       (B) by an entity that provides health services on a prepaid 
     basis.
       (5) The applicant will, at each site at which the applicant 
     provides services under section 201(a), post a conspicuous 
     notice informing individuals who receive the services of any 
     Federal policies that apply to the applicant with respect to 
     the imposition of charges on such individuals.

     SEC. 203. TECHNICAL ASSISTANCE.

       The Secretary may provide technical assistance to assist 
     entities in complying with the requirements of this title in 
     order to make such entities eligible to receive grants under 
     section 201.

     SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

       For the purpose of carrying out this title, there is 
     authorized to be appropriated $300,000 for each of fiscal 
     years 2002 through 2006.
                                 ______
                                 
      By Mr. CORZINE:
  S. 2313. A bill to suspend temporarily the duty on europium oxide; to 
the Committee on Finance.
                                 ______
                                 
      By Mr. CORZINE:
  S. 2314. A bill to suspend temporarily the duty on yttrium oxide; to 
the Committee on Finance.
                                 ______
                                 
      By Mr. CORZINE:
  S. 2315. A bill to suspend temporarily the duty on 3-sulfinobenzoic 
acid; to the Committee on Finance.

[[Page S3439]]

 Mr. CORZINE. Mr. President, I rise today to introduce three 
bills to temporarily suspend duties on the importation of certain 
chemicals used by manufacturers in my State.
  According to informational provided to my office, none of these 
chemicals are produced in the United States. Therefore, the suspension 
of the duties will not hurt any domestic chemical companies. In 
addition, suspension of these duties will not cost the US government 
more than $500,000 in revenue annually. It is my understanding that the 
Commerce Department and the International Trade Commission will verify 
that each of the chemicals for which I am requesting duty suspension 
meets these standards.
  Mr. President, it makes little sense to impose duties on chemicals 
that are needed by American producers and that are not available from 
domestic sources. Such duties only hurt American businesses and 
consumers. In the case of these chemicals, companies in my State of New 
Jersey rely on these chemicals, and employ many New Jerseyans. The 
suspension of duties should strengthen these New Jersey businesses and 
the State's economy, and reduce costs to consumers.
  I hope my colleagues will support the legislation.
                                 ______
                                 
      By Ms. LANDRIEU:
  S. 2316. A bill to make technical and conforming changes to provide 
for the enactment of the Independence of the Chief Financial Officer 
Establishment Act of 2001, to establish a reporting event notification 
system to assist Congress and the District of Columbia in maintaining 
the financial stability of the District government and avoiding the 
initiation of a control period, to provide the District of Columbia 
with autonomy over its budgets, and for other purposes; to the 
Committee on Governmental Affairs.
 Ms. LANDRIEU. Mr. President, today I am introducing 
legislation to help continue the District of Columbia's fiscal 
resurgence. The District of Columbia Fiscal Integrity Act will give the 
District's Chief Financial Officer, CFO, authority to manage personnel, 
procurement practices, and to maintain independent control over the 
budget of the Office of the Chief Financial Officer. This bill was 
introduced in the House by Congresswoman Eleanor Holmes Norton and 
Congresswoman Connie Morella. I appreciate their leadership on this 
issue and I am pleased to join with them in introducing this 
legislation here in the Senate.
  As my colleagues know, from 1995 to 2000, a Control Board oversaw 
management of the District of Columbia in an attempt to reform the 
city's finances and administration. One of the key features of that 
reform was the establishment of a strong Chief Financial Officer for 
the District with wide-ranging authority over the fiscal management of 
the city. That model worked. The city balanced its budget, restored its 
investment bond rating, and improved many city services. As a result, 
the District met the requirements set forth by the Control Board Act 
and today the elected representatives of the District of Columbia are 
in charge and doing a great job. They do not want the Control Board to 
come back on their watch and neither do I.
  It is critical that the Senate work its will by marking up and 
passing this legislation as quickly as possible. When the Control Board 
went out of business, some of the Chief Financial Officer's authorities 
lapsed, but his responsibility for the District's financial management 
was not put on hold. The Congress provided temporary authority for the 
CFO in the FY 2002 District of Columbia Appropriations Act to continue 
the smooth operation of the City, but this temporary authority will 
expire at the end of June this year. Congress must fulfill its 
responsibility to the District of Columbia by ensuring that local 
leaders have the authority and resources to maintain and promote the 
city's growth. I encourage the Government Affairs Committee to begin 
their work right away.
  In addition to restoring some of the authorities the CFO previously 
exercised during the Control Board era, this bill establishes an early 
warning system, implemented by the CFO, to examine the city's financial 
management and the surrounding economic environment and determine 
whether the city's fiscal integrity is at risk. Should the CFO 
determine that trouble is on the horizon, the Mayor must develop an 
action plan to respond to the problem. This unique fiscal management 
tool will ensure accountability in how the District manages its 
finances.
  Mr. President, in the past the congressional schedule has often 
interfered with the smooth operations of the District. Like the Federal 
Government, the District Government's fiscal year begins on October 1. 
We, the Congress, have the authority to approve the District's budget--
a budget derived from locally-generated tax dollars. We rarely do that 
before the start of the fiscal year, in fact one or two months often go 
by before we pass the District's budget. This delay creates a great 
deal of uncertainty for District officials in their programming and 
financial planning.
  To remedy this situation, this legislation establishes budget 
autonomy for the District of Columbia beginning with fiscal year 2004. 
The local budget would become effective once it has been approved by 
the City Council and signed by the Mayor. The Congress will retain the 
authority to approve the Federal funding now contained in the D.C. 
Appropriations bill and will continue its general oversight of the 
District. We can still pass general provisions governing city 
operations and we can still hold hearings, but this bill will ensure 
that Congress' schedule will not hamstring the smooth operation of the 
District.
  Mr. President, the Mayor and the City Council have worked very hard 
to restore fiscal integrity to the District Government, as well as the 
people's faith in that government. The District is enjoying a 
renaissance. Once a fiscal and management nightmare, the city has 
turned its economic ship around. When once the city was ruled by the 
Control Board, today the accountable authority is vested in officials 
elected by the District's citizens. A rampant crime rate chased 
citizens from District neighborhoods into the suburbs, now people are 
coming back. Property values are rising, new businesses are opening, 
and the city is working to beautify the Anacostia waterfront. This 
legislation will continue this transformation by maintaining the strong 
independence of the Chief Financial Officer and will demonstrate 
Congress's confidence in he District's elected leadership and its 
citizens by giving them greater control over their local budget. I urge 
my colleagues to support this legislation. The Congress has a 
Constitutional responsibility to the District of Columbia, now is the 
time to support the city and ensure that locally-elected leaders have 
the necessary tools for success.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Brownback, Mr. Kennedy, and Mr. 
        Kerry):
  S. 2317. A bill to provide for fire safety standards for cigarettes, 
and for other purposes; to the Committee on Commerce, Science, and 
Transportation.
 Mr. DURBIN. Mr. President, I am honored to rise today to 
introduce the Joseph Moakley Memorial Fire Safe Cigarette Act of 2002. 
Joe Moakley started his effort to require less fire-prone cigarettes in 
1979 and championed this issue until his death this past May. It is 
time to finish what he started. My colleagues Senators Brownback, 
Kennedy, and Kerry join me in introducing this legislation to solve a 
serious fire safety problem, namely, fires that are caused by 
cigarettes.
  The statistics regarding cigarette-related fires are startling. 
Cigarette-ignited fires accounted for an estimated 140,800 fires in the 
United States. Such fires cause more than 900 deaths and 2,400 injuries 
each year. More than $400 million in property damage reported is due to 
a fire caused by a cigarette. According to the National Fire Protection 
Association, one out of every four fire deaths in the United States are 
attributed to tobacco products--by far the leading cause of civilian 
deaths in fires. Overall, the Consumer Product Safety Commission 
estimates that the cost of the loss of human life and personal property 
from not having a fire-safe cigarette standard is approximately $4.6 
billion per year.
  In my State of Illinois, cigarette-related fires have also caused too 
many senseless tragedies. In 1998 alone, the most recent year for which 
we have

[[Page S3440]]

data, there were more than 1,700 cigarette-related fires, of which more 
than 900 were in people's homes. These fires led to 109 injuries and 8 
deaths. Property losses resulting from those fires were estimated at 
$10.4 million.
  Tobacco companies spend billions on marketing and learning how to 
make cigarettes appealing to kids. It is not unreasonable to ask those 
same companies to invest in safer cigarette paper to make their 
products less likely to burn down a house.
  A Technical Study Group, TSG, was created by the Federal Cigarette 
Safety Act in 1984 to investigate the technological and commercial 
feasibility of creating a self-extinguishing cigarette. This group was 
made up of representatives of government agencies, the cigarette 
industry, the furniture industry, public health organizations and fire 
safety organizations. The TSG produced two reports that concluded that 
it is technically feasible to reduce the ignition propensity of 
cigarettes.
  The technology is in place now to begin developing a performance 
standard for less fire prone cigarettes. The manufacture of less fire-
prone cigarettes may require some advances in cigarette design and 
manufacturing technology, but the cigarette companies have demonstrated 
their capability to make cigarettes of reduced ignition propensity with 
no increase in tar, nicotine or carbon monoxide in the smoke. For 
example, six current commercial cigarettes have been tested which 
already have reduced ignition propensity. Furthermore, the overall 
impact on other aspects of the United States Society and economy will 
be minimal. Thus, it may be possible to solve this problem at costs 
that are much less than the potential benefits, which are saving lives 
and avoiding injuries and property damage.
  The Joseph Moakley Memorial Fire Safe Cigarette Act requires Consumer 
Product Safety Commission to promulgate a fire safety standard, 
specified in the legislation, for cigarettes. Eighteen months after the 
legislation is enacted, the Consumer Product Safety Commission, CPSC, 
would issue a rule creating a safety standard for cigarettes. Thirty 
months after the legislation is enacted, the standards would become 
effective for the manufacture and importation of cigarettes. The CPSC 
would also have the authority to regulate the ignition propensity of 
cigarette paper for roll-your-own tobacco products.
  The standard may be modified if new testing methodology enhances the 
fire-safety standard. It may also be modified for cigarettes with 
unique characteristics that cannot be tested using the specified 
methodology if the Commission determines that the proposed testing 
methodology and acceptance criterion predict an ignition strength for 
such cigarettes.
  The Act gives the Consumer Product Safety Commission authority over 
cigarettes only for purposes of implementing and enforcing compliance 
with this Act and with the standard promulgated under the Act. It also 
allows states to pass more stringent fire-safety standards for 
cigarettes.
  The Joseph Moakley Memorial Fire Safe Cigarette Act is supported by 
more than 25 public health groups including the American Cancer 
Society, the Campaign for Tobacco Free Kids and the American Academy of 
Pediatrics. It has been endorsed by the Congressional Fire Services 
Institute and its 42 member organizations. Tobacco giant Phillip Morris 
is also supporting the bill.
  While the number of people killed each year by fires is dropping 
because of safety improvements and other factors, too many Americans 
are dying because of a product that could be less likely to catch fire 
if simple changes were made. Cigarettes may be less likely to cause 
fire if they were thinner, more porous or the tobacco were less dense. 
These common-sense changes could help prevent an all-too-common cause 
of fires.
  When Joe Moakley set out more than two decades ago to ensure that the 
tragic cigarette-caused fire that killed five children and their 
parents in Westwood, Massachusetts was not repeated, he made a 
difference. He introduced three bills and passed two of them. One 
commissioned a study that concluded it was technically feasible to 
produce a cigarette with a reduced propensity to start fires. The 
second required that the National institute of Standards and Technology 
develop a test method for cigarette fire safety, and the last and final 
bill, the Fire-Safe Cigarette Act of 1999, mandates that the Consumer 
Product Safety Commission use this knowledge to regulate cigarettes 
with regard to fire safety.
  Today we are here to reintroduce Moakley's bill and to accomplish 
what he set out to do. I hope that the Commerce Committee will consider 
this legislation expeditiously and that my colleagues will join me in 
supporting this effort. Joe waited long enough. He didn't have more 
time. Let's get this done for him.
                                 ______
                                 
      By Mr. HARKIN (for himself, Mr. Kennedy, Ms. Mikulski, and Mr. 
        Dodd):
  S. 2328. A bill to amend the Public Health Service Act and the 
Federal Food, Drug, and Cosmetic Act to ensure a safe pregnancy for all 
women in the United States, to reduce the rate of maternal morbidity 
and mortality, to eliminate racial and ethnic disparities in maternal 
health outcomes, to reduce pre-term, labor, to examine the impact of 
pregnancy on the short and long term health of women, to expand 
knowledge about the safety and dosing of drugs to treat pregnant women 
with chronic conditions and women who become sick during pregnancy, to 
expand public health prevention, education and outreach, and to develop 
improved and more accurate data collection, related to maternal 
morbidity and mortality; to the Committee on Health, Education, Labor, 
and Pensions.
 Mr. HARKIN. Mr. President, over the last decade there has been 
a significant recognition of the importance and increase in funding of 
women's health research, including the establishment of Offices of 
Women's Health throughout various government agencies. Women's health 
issues and women, as participants, are now routinely included in 
research studies.
  Despite this progress, many gaps still exist. In particular, there is 
a troubling lack of research on pregnancy-related health issues. Too 
often we take pregnancy for granted; we do not view pregnancy as a 
woman's health issue with short and long term health consequences.
  Safe motherhood is a woman's ability to have a safe and healthy 
pregnancy and delivery. Of the 4 million women who give birth in the 
U.S. each year, over one-third--or one out of every 3--have a 
pregnancy-related complication before, during, or after delivery. These 
complications may cause long-term health problems or even death. 
Unfortunately, the causes and treatments of pregnancy-related 
complications are largely unknown and understudied.
  If fact, the United States ranks only 20th in maternal mortality 
rates out of 49 developed countries--that is barely better than the 
50th percentile, behind Cyprus, Singapore and Malta. Every day, two to 
there women die from pregnancy related complications. And despite the 
fact that maternal mortality was targeted in 1987 as part of Healthy 
People 2000, the maternal mortality rate in this country has not 
decreased in twenty years.
  The scariest part of this problem is we can't answer the most basic 
questions--what causes the complications, what can we do to prevent 
them, and how can we treat them?
  One example of this problem is preeclampsia, or high blood pressure. 
Yes, we know some indicators that place some women at greater risk than 
others for this complication. And yes, we know some steps that can be 
taken to reduce a women's risk. But we know shamefully little, with the 
exception of inducing labor, of how to really prevent or treat this 
problem. Yet 5 percent of all pregnancies are affected by this 
complication, which can cause blindness or even death and there has 
been a 40% increase in the incidence of preeclampsia over the last 10 
years.
  Likewise, we know almost nothing about which prescription drugs are 
safe for the fetus and effective for the mother. Most prescription 
drugs women take during pregnancy are necessary to maintain health. But 
only 1% of FDA approved drugs have been shown in controlled studies to 
show no risk to pregnant women and their babies. And 80% of FDA 
approved drugs lack adequate scientific evidence about use in 
pregnancy. That means that pregnant women are essentially forced

[[Page S3441]]

to take these medications with little or no knowledge about their 
impact on the fetus.
  Of course, we don't want pregnant women placed at risk by putting 
them in early stage clinical trials. But the fact is that pregnant 
women with chronic diseases, such as diabetes, asthma, or epilepsy, 
need to take medication to maintain their health and support the growth 
of the fetus. And even pregnant women who don't have chronic health 
conditions need across to safe and effective prescription drugs.
  And while people in Washington tend to throw around statistics to 
make a point, it is important to remember that behind each of these 
statistics is a real person and family. And yesterday, I had the 
opportunity to talk to a group of moms from my State of Iowa.
  Without exception, these moms talked about their frustration with a 
health care system that continues to fail to meet some of the most 
basic needs of pregnant women. They all rely on a group call Sidelines, 
that provides support and guidance to pregnant women on bed rest. While 
it is great that a group like Sidelines is there for our mom's, 
sisters, and daughters, it is shameful that there isn't more accurate 
and more widely available information to women and their providers.
  That is why earlier today, I, along with some of my colleagues, 
introduced the Safe Motherhood Act for Research and Treatment, or, 
SMART Mom Act. The SMART Mom Act will address these concerns by: 
Increasing research and data collection to learn how to prevent, treat, 
and cure pregnancy related complications; providing comprehensive 
information to pregnant women, practitioners, and the public; and, 
improving information about medication and medical device for pregnant 
women.
  Pregnancy is a natural and wonderful occurrence in a woman's life. 
The SMART Mom Act takes a critical step towards ensuring pregnancies 
and healthy outcomes for America's women.
                                 ______
                                 
      By Mr. BREAUX (for himself, Mr. Smith of Oregon, Mr. Hollings, 
        and Mr. McCain):
  S. 2329. A bill to improve seaport security; to the Committee on 
Commerce, Science, and Transportation.
 Mr. BREAUX. Mr. President, I am pleased to rise today to 
introduce the Ship, Seafarer and Container Security Act, along with my 
ranking subcommittee member, Senator Gordon, Senators Hollings and 
McCain. This legislation will be crucial in providing the type of 
information and analysis that we need to protect the United States from 
potential acts of terrorism against our Nation through international 
trade at our seaports. This legislation is the product of field 
hearings that my Surface Transportation and Merchant Marine 
Subcommittee held at various seaports around the Nation. This 
legislation augments the Senate-passed seaport security bill, S. 1214, 
the Port and Maritime Security Act, and I intend to push for the 
inclusion of the provisions of this bill in the context of a House-
Senate conference on seaport security legislation
  The United States has more than 1,000 harbor channels and 25,000 
miles of inland, intercoastal, and coastal waterways. These waterways 
serve 361 ports, and have more than 3,700 terminals handling passengers 
and cargo. The U.S. marine transportation system each year moves more 
than 2 billion tons of domestic and international freight, imports 3 
billion tons of oil, transports 134 million passengers by ferry, and 
hosts more than 7 million cruise ship passengers. Of the more than 2 
billion tons of freight, the majority of cargo is shipped in huge 
containers from ships directly onto trucks and railcars that 
immediately head onto our highways and rail systems. Oceangoing sea 
containers are a vital artery of the U.S. economy. Indeed, 46 percent 
of all goods imported into the United States, by value, arrive at our 
Nation's seaports, mostly in containers, and currently, we are able to 
physically inspect less than 2 percent of those containers.
  Since September 11, we have faced up to the task of securing our 
seaport and affiliated transportation systems. We are now faced with 
the need to adapt the most efficient transportation system, with the 
most secure and efficient system of transportation. To do so, given the 
complexities of the task, we need to rely on all parties in the 
transportation chain, not just Federal agencies such as the Coast 
Guard, Customs and INS, but State law enforcement and the private 
sector. The enormity of the task we face, and the potential catastrophe 
we face if we do not strengthen our systems of security, mandates we 
work on this issue together.
  In the aftermath of the terrorist attacks on the World Trade Center 
and the Pentagon, all U.S. airports were closed. Fortunately, we have a 
good degree of control of our aviation system and were able to re-exert 
a degree of normalcy 4 days after the September 11 attacks. If similar 
attacks had occurred at a U.S. port, I am not sure whether we would be 
comfortable opening our borders in 4 months.
  We obviously have a huge stake in ensuring the protection of our 
maritime transportation system and respective arteries of business. To 
this end, I was disappointed the President's budget request did not 
include any funds to help our State port authorities and private ports 
secure the type of infrastructure and security equipment necessary to 
protect this Nation. Not providing funding to our seaports is clearly 
an unfunded mandate for States that have seaports, such as my home 
State of Louisiana, and it is our duty as a nation to secure all of our 
borders, including our maritime borders. This issue simply has to be 
addressed, and a Federal commitment is required to help secure our 
maritime boundaries, and secure our international trade.
  As I mentioned seaport security is simply too important to disregard. 
While visiting the Port Everglades in Florida, the Ports of New 
Orleans, Houston and Charleston, SC, during my subcommittee hearings, I 
became aware of the incredible role that information plays in security 
strategy at our seaports. Given the scope of trade and security, it is 
necessary that we know more about ships, the seafarers on those ships 
that enter the United States, the systems that we use to secure cargo 
so it is not tampered with or used for illegal purposes, and also the 
system we uses to analyze the risks of shipping and to secure our 
marine environment.
  The Ship, Seafarer, and Container Security Act requires certain 
vessels to carry transponders to allow their positions to be 
transmitted and tracked and ensure the Coast Guard can track United 
States and foreign vessels. When an aircraft leaves a U.S. airport we 
track it wherever it goes, however, when huge oil tankers and hazardous 
material ships carrying tons and tons of explosive cargoes enter U.S. 
waters, we do not. This is not right, and not prudent.
  My bill will also require the Department of Transportation, DOT, to 
negotiate an international agreement in 2 years, or if the agreement 
has not been negotiated within 2 years to submit legislation to 
Congress, to: One, identify foreign seafarers; two, to provide greater 
transparency of the ownership of ship registration, so that we can 
track vessel ownership; and, three, mandate stronger standards for 
marine containers, and for anti-tampering and locking systems for 
marine containers. Importantly, the bill would also require DOT to 
better assess the risks posed by certain vessels, and areas they 
designate as secure zones, and require recommendations to better secure 
them.
  Last year, the U.S. Coast Guard, identifed over 1,000 Panamanian 
seamen operating with licenses they fraudulently obtained for a couple 
of hundred dollars. At the time, it did not create that much of a 
ruckus, although perhaps it should have, because the primary focus was 
on the safe operation of the vessel. In the aftermath of September 11, 
it gives rise to the potential use of the system of maritime licensing 
to disguise entry into the United States. The system of registration 
and identification of vessels is equally obtuse. In the aftermath of 
the bombings of the U.S. Embassies in Mombassa and Dar-El-Salem, we 
attempted to track the shipping assets of Asama Bin Laden that were 
used to convey explosives. NATO experts reportedly indicated that 
tracking banking assets was far easier than identifying the shipping 
assets owned by the terrorists. I would also mention that, a recent 
report in Lloyd's List, a business publication

[[Page S3442]]

specializing in ocean shipping and international trade, indicated that 
the Coast Guard interdicted at sea a container ship, with an improperly 
sealed container filled with nuclear warheads. According to the 
article, the cargo manifest, indicated that it was carrying explosives, 
and the master of the vessel was a citizen of Yemen, while the 
materials turned out to be without fissile materials, it still raises 
considerable concern about our shipping practices.
  This legislation is another critical step in addressing some of the 
many crucial requirements to ensure our nation has a secure system of 
international trade, allow us to protect and foster our transportation 
chain, and provide public safety.
  The issues facing our Nation in seaport security are very serious 
issues. The consequences of relying on our current systems of openness, 
and with our focus on efficiency could be disastrous. However, at the 
other end of the spectrum, is being so excessively obsessed with 
security that we cause the suffocation of trade and business. The 
system we had in place prior to 9-11 was insufficient. I believe that 
S. 1214 coupled with the legislation I am introducing will help remedy 
the flaws of pre- 9-11 security and enhance seaport security.
  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. 2329

       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 ``Ship, Seafarer, and 
     Container Security Act''.

     SEC. 2. AUTOMATIC IDENTIFICATION SYSTEM.

       (a) In general.--When operating in navigable waters of the 
     United States (as defined in section 2101(17a) of title 46, 
     United States Code), the following vessels shall be equipped 
     with an automatic identification system:
       (1) Any vessel subject to the Vessel Bridge-to-Bridge 
     Radiotelephone Act (33 U.S.C. 1201 et seq.).
       (2) Any small passenger vessel carrying more than a number 
     of passengers determined by the Secretary of Transportation.
       (3) Any commercial towing vessel while towing astern or 
     pushing ahead or alongside, except commercial assistance 
     towing vessels rendering assistance to disabled small 
     vessels.
       (4) Any other vessel for which the Secretary of 
     Transportation determines that an automatic identification 
     system is necessary for the safe navigation of the vessel.
       (b) Regulations; Effective Date.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall initiate a 
     rulemaking to implement subsection (a).
       (2) Content.--Regulations promulgated pursuant to that 
     rulemaking--
       (A) may, subject to subparagraph (B), include effective 
     dates for the application of subsection (a) to different 
     vessels at different times;
       (B) shall require all vessels to which subsection (a) 
     applies to comply with the requirements of subsection (a) no 
     later than December 31, 2004; and
       (C) shall be issued in final form before December 31, 2004.
       (3) Effective date not dependent upon final rule.--If 
     regulations have not been promulgated in final form under 
     this subsection before December 31, 2004, then subsection (a) 
     shall apply to--
       (A) any vessel described in paragraph (1) or (3) of that 
     subsection on and after that date; and
       (B) other vessels described in subsection (a) as may be 
     provided in regulations promulgated thereafter.

     SEC. 3. UNIQUE SEAFARER IDENTIFICATION.

       (a) Treaty Initiative.--The Secretary of Transportation 
     should undertake the negotiation of an international 
     agreement, or amendments to an international agreement that 
     provides for a uniform, comprehensive, international system 
     of identification for seafarers that will enable the United 
     States and other countries to establish authoritatively the 
     identity of any seafarer aboard a vessel within the 
     jurisdiction, including the territorial waters, of the United 
     States or such other country.
       (b) Legislative Alternative.--If the Secretary fails to 
     complete the international agreement negotiation or amendment 
     process undertaken under subsection (a) within 24 months 
     after the date of enactment of this Act, the Secretary shall 
     transmit to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure a draft of legislation 
     that, if enacted, would establish a uniform, comprehensive 
     system of identification for seafarers.

     SEC. 4. GREATER TRANSPARENCY OF SHIP REGISTRATION.

       (a) Treaty Initiative.--The Secretary of Transportation 
     should undertake the negotiation of an international 
     agreement, or the amendment of an international agreement, to 
     provide greater transparency with respect to the registration 
     and ownership of vessels entering or operating in the 
     territorial waters of the United States.
       (b) Legislative Alternative.--If the Secretary fails to 
     complete the international agreement or amendment process 
     undertaken under subsection (a) within 24 months after the 
     date of enactment of this Act, the Secretary shall transmit 
     to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure a draft of legislation 
     that, if enacted, would provide for greater transparency with 
     respect to the registration and ownership of vessels 
     operating in international waters.

     SEC. 5. INTERNATIONAL AGREEMENT ON CONTAINER INTEGRITY.

       (a) Treaty Initiative.--The Secretary of Transportation 
     should undertake the negotiation of an international 
     agreement, or amendments to an international agreement, to 
     establish marine container integrity and anti-tampering 
     standards for marine containers.
       (b) Legislative Alternative.--If the Secretary fails to 
     complete the international agreement negotiation or amendment 
     process undertaken under subsection (a) within 24 months 
     after the date of enactment of this Act, the Secretary shall 
     transmit to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure a draft of legislation 
     that, if enacted, would establish marine container integrity 
     and anti-tampering standards.

     SEC. 6. COAST GUARD TO DEVELOP RISK-BASED ANALYSIS AND 
                   SECURITY ZONE SYSTEM FOR VESSELS.

       (a) In General.--The Commandant of the Coast Guard shall 
     establish--
       (1) a risk-based system for use in evaluating the potential 
     threat to the national security of the United States of 
     vessels entering the territorial waters of the United States; 
     and
       (2) a system of security zones for ports, territorial 
     waters, and waterways of the United States.
       (b) Mechanisms and Systems Considerations.--In carrying out 
     subsection (a), the Commandant shall consider--
       (1) the use of public/private partnerships to implement and 
     enforce security within the security zones, shoreside 
     protection alternatives, and the environmental, public 
     safety, and relative effectiveness of such alternatives 
     within the security zones; and
       (2) technological means of enhancing the security within 
     the security zones of ports, territorial waters, and 
     waterways of the United States.
       (c) Grants.--The Commandant of the Coast Guard may make 
     grants to applicants for research and development of 
     alternative means of providing the protection and security 
     required by this section.
       (d) Reports.--
       (1) Initial report.--Within 12 months after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall transmit, in a form that does not compromise security, 
     to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representative Committee on 
     Transportation and Infrastructure a report that includes--
       (A) a description of the methodology employed in evaluating 
     risks to security;
       (B) a list of security zones; and
       (C) recommendations as to how protection of such vessels 
     and security zones might be further improved.
       (2) Report on alternatives.--Within 12 months after the 
     Commandant has awarded grants under subsection (c), the 
     Commandant shall transmit to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representative Committee on Transportation and Infrastructure 
     a report on the results of testing and research carried out 
     with those grants.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of the Department in 
     which the Coast Guard is operating for the use of the Coast 
     Guard, $1,000,000 for fiscal year 2003 to make grants under 
     subsection (c).
                                 ______
                                 
      By Mr. REID:
  S. 2333. A bill to convey land to the University of Nevada at Las 
Vegas Research Foundation for a research park and technology center; to 
the Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, I rise today to introduce this bill, which 
will convey land to the University of Nevada at Las Vegas Research 
Foundation for a research park and technology center adjacent to 
McCarran International Airport.
  This bill transfers a 115-acre parcel from the Clark County 
Department of Aviation to the University of Nevada at Las Vegas 
Research Foundation. The Foundation, in turn, will build a research and 
technology park on the parcel, which has been identified as the best 
location in the area for this kind of facility.

[[Page S3443]]

  Nevada will benefit significantly from this bill. As you may know, 
Las Vegas is the fastest-growing city in the United States. The 
University of Nevada at Las Vegas needs space to grow. Building this 
type of research park will also further develop the high-tech industry 
in the State of Nevada. This is just the kind of thoughtful land 
planning and development that the Las Vegas Valley needs to ensure that 
Nevadans are able to maintain the high quality of life that they 
deserve.
  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. 2333

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

     SECTION 1. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the University of Nevada, Las Vegas, needs land in the 
     greater Las Vegas area to provide for the future growth of 
     the university;
       (2) the proposal by the University of Nevada, Las Vegas, 
     for construction of a research park and technology center in 
     the greater Las Vegas area would enhance the high tech 
     industry and entrepreneurship in the State of Nevada; and
       (3) the land transferred to the Clark County Department of 
     Aviation under section 4(g) of the Southern Nevada Public 
     Land Management Act of 1998 (Public Law 105-263; 112 Stat. 
     2346) is the best location for the research park and 
     technology center.
       (b) Purposes.--The purposes of this Act are--
       (1) to provide a suitable location for the construction of 
     a research park and technology center in the greater Las 
     Vegas area;
       (2) to provide the public with opportunities for education 
     and research in the field of high technology; and
       (3) to provide the State of Nevada with opportunities for 
     competition and economic development in the field of high 
     technology.

     SEC. 2. CONVEYANCE TO THE UNIVERSITY OF NEVADA AT LAS VEGAS 
                   RESEARCH FOUNDATION.

       (a) Conveyance.--Notwithstanding section 4(g)(4) of the 
     Southern Nevada Public Land Management Act of 1998 (Public 
     Law 105-263; 112 Stat. 2347), the Clark County Department of 
     Aviation may convey, without consideration, all right, title, 
     and interest in and to the parcel of land described in 
     subsection (b) to the University of Nevada at Las Vegas 
     Research Foundation for the development of a technology 
     research center.
       (b) Description of Land.--The parcel of land referred to in 
     subsection (a) is the parcel of Clark County Department of 
     Aviation land--
       (1) consisting of approximately 115 acres;
       (2) located in the SW \1/4\ of section 33, T. 21 S., R. 60 
     E., Mount Diablo Base and Meridian; and
       (3) identified in the agreement entitled ``Interim 
     Cooperative Management Agreement Between the United States 
     Department of the Interior-Bureau of Land Management and 
     Clark County'', dated November 4, 1992.
                                 ______
                                 
      By Mr. BURNS:
  S. 2334. A bill to authorize the Secretary of Agriculture to accept 
the donation of certain land in the Mineral Hill-Crevice Mountain 
Mining District in the State of Montana, and for other purposes; to the 
Committee on Agriculture, Nutrition, and Forestry.
 Mr. BURNS. I am pleased to announce the introduction of the 
Mineral Hill Historic Mining District Preservation Act of 2002. The 
purpose of this Act is for the Forest Service to accept a donation from 
TVX Mineral Hill, Inc., an inholding of approximately 570 acres of 
private land in the Gallatin National Forest. This inholding overlooks 
the Northern entrance of Yellowstone National Park and is within well 
known elk habitat. The donation also includes 194 acres of mineral 
right underlying federal lands.
  This bill provides a win-win situation with benefits for the 
community, for wildlife, for the company, and for the environment. 
After a rich and storied history, the Mineral Hill mine is played out 
and the opportunity to extract minerals has passed.
  The property is in very good condition and is being reclaimed in 
accordance with a reclamation plan approved by the Montana Department 
of Environmental Quality. The Forest Service has been closely involved 
during the reclamation planning and implementation processes to make 
certain that the property will remain in the excellent environmental 
state it is in today.
  As an added guarantee, the United States will also be the beneficiary 
of a $10 million insurance policy provided by TVX to clean up the site 
in the unlikely event that hazardous materials are discovered in the 
future.
  The Mineral Hill Mine is located in the historic Jardine Mining 
District which was established during the 1860s. Many of the buildings 
at the site go back to that time period. Some of the buildings will be 
preserved for interpretation purposes and will be available to the 
public. In addition, the site will be used in cooperation with Montana 
Tech of the University of Montana for mining and geologic education.
  The Mineral Hill property is being donated by TVX to the government 
without the necessity of a payment. There will be ongoing permits 
issued by the State of Montana and by EPA for monitoring of water 
discharge. This bill allows for those permits to be upheld and for the 
water processes to be maintained. In a letter to my office dated June 
25, 2001, the Greater Yellowstone Coalition observed that ``we believe 
that there would be no adverse impact to the agency and indeed would be 
a benefit to the public that this donated land is conveyed with the 
obligation to maintain the NPDES permit already in force.'' This is 
exactly what the bill provides in Section 11.
  I am pleased to say that this is a bill with the support of all key 
parties. The Forest Service has agreed to the transfer and management 
of the land and has been actively involved in this process. The 
Gardiner Chamber of Commerce supports the project, as do the 
Commissioners of Park County. The Greater Yellowstone Coalition also 
supports the donation.
  Simply put, this legislation is in the public interest. On behalf of 
the people of Montana, I look forward to its passage.
                                 ______
                                 
      By Mr. JOHNSON (for himself, Mr. Kerry, Ms. Cantwell, Mr. 
        Wellstone, Mr. Daschle, Mr. Baucus, Mr. Inouye, Mr. Bingaman, 
        Ms. Stabenow, and Mrs. Clinton):
  S. 2335. A bill to establish the Office of Native American Affairs 
within the Small Business Administration, to create the Native American 
Small Business Development Program, and for other purposes; to the 
Committee on Small Business and Entrepreneurship.
 Mr. JOHNSON. Mr. President, today, I proudly join with Senator 
Kerry to introduce the Native American Small Business Development Act 
of 2002. This important legislation is designed to help American 
Indians, Alaska Natives, and Native Hawaiians to overcome barriers 
which inhibit business development and job creation. We greatly 
appreciate the support of the distinguished Senators who join us in 
sponsoring the legislation including Senators Cantwell, Wellstone, 
Daschle, Baucus, Inouye, Bingaman, Stabenow, and Clinton. I encourage 
my colleagues to support this critical legislation.
  The communities served by this initiative represent some of the most 
traditionally isolated, disadvantaged, and underserved populations in 
our country. Despite the unique and persistent challenges to business 
development in these areas, many of the supportive services the Federal 
Government provides to entrepreneurs are not available in these 
distressed regions. The Native American Small Business Development Act 
endeavors to develop and disseminate culturally tailored business 
assistance to assure Native American businesses may secure and sustain 
long-term success.
  Among the achievements included in the bill is the establishment of a 
statutory office within the U.S. Small Business Administration to focus 
on concerns specific to Native American populations. The Office of 
Native American Affairs will serve as an advocate in the SBA for the 
interests of Native Americans. In addition to administering the Native 
American Development Program, the Assistant Administrator will consult 
with Tribal Colleges, Tribal Governments, Alaska Native Corporations 
and Native Hawaiian Organizations to enhance the development and 
implementation of culturally specific approaches to support the growth 
and prosperity of Native American small businesses.
  Furthermore, the Act creates the Native American Development Program 
to provide necessary business development assistance. These services 
are vital to establish and support small businesses. The Federal 
Government currently invests to provide these services in communities 
throughout the

[[Page S3444]]

country. It is past time for these services to be integrated into our 
efforts to promote self-sufficiency and economic development in Indian 
Country.
  In addition, we recognize that in order to remain competitive, 
businesses and entrepreneurs must be innovative and flexible to change. 
This legislation reflects the needs of businesses, tribes, and regional 
interests to pursue unique approaches that will complement local needs 
and improve the overall quality of services. Two pilot programs are 
integrated in this approach to promote new and creative solutions to 
assist American Indians to awaken economic opportunities in their 
communities.
  We must strive to eliminate the impediments that stifle Native 
American entrepreneurs. By providing business planning services and 
technical assistance to potential and existing small businesses, we can 
unlock the capacity for individuals and families to pursue their dreams 
of business ownership. Not only will these efforts combat poverty and 
unemployment, but they will bring new services and opportunities to 
communities that enhance the quality of life for local families.
  We must also work to improve access to investment capital to support 
economic and community development for Native Americans. As the 
chairman of the Senate Banking Financial Institutions Subcommittee, I 
am conducting hearings to identify opportunities and techniques which 
may foster greater access to capital markets for Tribal and Native 
American entities.
  Together, these initiatives will help to turn an important corner as 
we endeavor to enhance the livelihood of the first Americans.
  I would like to thank Congressman Udall for his leadership in the 
U.S. House of Representatives in bringing these issues to the forefront 
and for his cooperation on this historic legislation. I would like to 
thank Senator John Kerry, chairman of the Senate Small Business and 
Entrepreneurship Committee, for his hard work on this legislation and 
his serious commitment to these critical issues. In addition, I would 
like to express my sincere appreciation for the strong support of the 
many cosponsors who join us in introducing the bill today.
  I encourage the Senate to fully consider this historic legislation 
and to work expeditiously to enact it into law. The Native American 
Small Business Development Act will forge a more hopeful and prosperous 
future for Native American families and communities. By investing in 
adequate infrastructure and by making the appropriate tools available, 
we can empower individuals to pursue, achieve, and sustain economic 
opportunities that enrich their lives and their communities. The 
American dream will never be fully realized until it becomes a reality 
for all Americans. This legislation is critical to ensuring that 
economic growth and economic opportunity permeate the lives of Native 
American families.
  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. 2335

       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 ``Native American Small 
     Business Development Act''.

     SEC. 2. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) by redesignating section 36 as section 37; and
       (2) by inserting after section 35 the following:

     ``SEC. 36. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT 
                   PROGRAM.

       ``(a) Definitions.--In this section--
       ``(1) the term `Alaska Native' has the same meaning as the 
     term `Native' in section 3(b) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1602(b));
       ``(2) the term `Alaska Native corporation' has the same 
     meaning as the term `Native Corporation' in section 3(m) of 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m));
       ``(3) the term `Assistant Administrator' means the 
     Assistant Administrator of the Office of Native American 
     Affairs established under subsection (b);
       ``(4) the terms `center' and `Native American business 
     center' mean a center established under subsection (c);
       ``(5) the term `Native American business development 
     center' means an entity providing business development 
     assistance to federally recognized tribes and Native 
     Americans under a grant from the Minority Business 
     Development Agency of the Department of Commerce;
       ``(6) the term `Native American small business concern' 
     means a small business concern that is owned and controlled 
     by--
       ``(A) a member of an Indian tribe or tribal government;
       ``(B) an Alaska Native or Alaska Native corporation; or
       ``(C) a Native Hawaiian or Native Hawaiian organization;
       ``(7) the term `Native Hawaiian' has the same meaning as in 
     section 625 of the Older Americans Act of 1965 (42 U.S.C. 
     3057k);
       ``(8) the term `Native Hawaiian organization' has the same 
     meaning as in section 8(a)(15) of this Act;
       ``(9) the term `tribal college' has the same meaning as the 
     term `tribally controlled college or university' has in 
     section 2(a)(4) of the Tribally Controlled Community College 
     Assistance Act of 1978 (25 U.S.C. 1801(a)(4));
       ``(10) the term `tribal government' has the same meaning as 
     the term `Indian tribe' has in section 7501(a)(9) of title 
     31, United States Code; and
       ``(11) the term `tribal lands' means--
       ``(A) all lands within the exterior boundaries of any 
     Indian reservation; and
       ``(B) all dependent Indian communities.
       ``(b) Office of Native American Affairs.--
       ``(1) Establishment.--There is established within the 
     Administration the Office of Native American Affairs, which, 
     under the direction of the Assistant Administrator, shall 
     implement the Administration's programs for the development 
     of business enterprises by Native Americans.
       ``(2) Purpose.--The purpose of the Office of Native 
     American Affairs is to assist Native American entrepreneurs 
     to--
       ``(A) start, operate, and grow small business concerns;
       ``(B) develop management and technical skills;
       ``(C) seek Federal procurement opportunities;
       ``(D) increase employment opportunities for Native 
     Americans through the start and expansion of small business 
     concerns; and
       ``(E) increase the access of Native Americans to capital 
     markets.
       ``(3) Assistant administrator.--
       ``(A) Appointment.--The Administrator shall appoint a 
     qualified individual to serve as Assistant Administrator of 
     the Office of Native American Affairs in accordance with this 
     paragraph.
       ``(B) Qualifications.--The Assistant Administrator 
     appointed under subparagraph (A) shall have--
       ``(i) knowledge of the Native American culture; and
       ``(ii) experience providing culturally tailored small 
     business development assistance to Native Americans.
       ``(C) Employment status.--The Assistant Administrator shall 
     be a Senior Executive Service position under section 
     3132(a)(2) of title 5, United States Code, and shall serve as 
     a noncareer appointee, as defined in section 3132(a)(7) of 
     title 5, United States Code.
       ``(D) Responsibilities and duties.--The Assistant 
     Administrator shall--
       ``(i) administer and manage the Native American Small 
     Business Development program established under this section;
       ``(ii) recommend the annual administrative and program 
     budgets for the Office of Native American Affairs;
       ``(iii) establish appropriate funding levels;
       ``(iv) review the annual budgets submitted by each 
     applicant for the Native American Small Business Development 
     program;
       ``(v) select applicants to participate in the program under 
     this section;
       ``(vi) implement this section; and
       ``(vii) maintain a clearinghouse to provide for the 
     dissemination and exchange of information between Native 
     American business centers.
       ``(E) Consultation requirements.--In carrying out the 
     responsibilities and duties described in this paragraph, the 
     Assistant Administrator shall confer with and seek the advice 
     of--
       ``(i) Administration officials working in areas served by 
     Native American business centers and Native American business 
     development centers;
       ``(ii) the Bureau of Indian Affairs of the Department of 
     the Interior;
       ``(iii) tribal governments;
       ``(iv) tribal colleges;
       ``(v) Alaska Native corporations; and
       ``(vi) Native Hawaiian organizations.
       ``(c) Native American Small Business Development Program.--
       ``(1) Authorization.--
       ``(A) In general.--The Administration, through the Office 
     of Native American Affairs, shall provide financial 
     assistance to tribal governments, tribal colleges, Native 
     Hawaiian organizations, and Alaska Native corporations to 
     create Native American business centers in accordance with 
     this section.
       ``(B) Resource assistance.--The Administration may also 
     provide in-kind resource assistance to Native American 
     business centers located on tribal lands. Such assistance may 
     include--
       ``(i) personal computers;
       ``(ii) graphic workstations;
       ``(iii) CD-ROM technology and interactive videos;

[[Page S3445]]

       ``(iv) distance learning business-related training courses;
       ``(v) computer software; and
       ``(vi) reference materials.
       ``(C) Use of funds.--The financial and resource assistance 
     provided under this subsection shall be used to overcome 
     obstacles impeding the creation, development, and expansion 
     of small business concerns, in accordance with this section, 
     by--
       ``(i) reservation-based American Indians;
       ``(ii) Alaska Natives; and
       ``(iii) Native Hawaiians.
       ``(2) 5-year projects.--
       ``(A) In general.--Each Native American business center 
     that receives assistance under paragraph (1)(A) shall conduct 
     5-year projects that offer culturally tailored business 
     development assistance in the form of--
       ``(i) financial education, including training and 
     counseling in--

       ``(I) applying for and securing business credit and 
     investment capital;
       ``(II) preparing and presenting financial statements; and
       ``(III) managing cash flow and other financial operations 
     of a business concern;

       ``(ii) management education, including training and 
     counseling in planning, organizing, staffing, directing, and 
     controlling each major activity and function of a small 
     business concern; and
       ``(iii) marketing education, including training and 
     counseling in--

       ``(I) identifying and segmenting domestic and international 
     market opportunities;
       ``(II) preparing and executing marketing plans;
       ``(III) developing pricing strategies;
       ``(IV) locating contract opportunities;
       ``(V) negotiating contracts; and
       ``(VI) utilizing varying public relations and advertising 
     techniques.

       ``(B) Business development assistance recipients.--The 
     business development assistance under subparagraph (A) shall 
     be offered to prospective and current owners of small 
     business concerns that are owned by--
       ``(i) American Indians or tribal governments, and located 
     on or near tribal lands;
       ``(ii) Alaska Natives or Alaska Native corporations; or
       ``(iii) Native Hawaiians or Native Hawaiian organizations.
       ``(3) Form of federal financial assistance.--
       ``(A) Documentation.--
       ``(i) In general.--The financial assistance to Native 
     American business centers authorized under this subsection 
     may be made by grant, contract, or cooperative agreement.
       ``(ii) Exception.--Financial assistance under this 
     subsection to Alaska Native corporations or Native Hawaiian 
     organizations may only be made by grant.
       ``(B) Payments.--
       ``(i) Timing.--Payments made under this subsection may be 
     disbursed--

       ``(I) in a single lump sum or in periodic installments; and
       ``(II) in advance or after costs are incurred.

       ``(ii) Advance.--The Administration may disburse not more 
     than 25 percent of the annual amount of Federal financial 
     assistance awarded to a Native American small business center 
     after notice of the award has been issued.
       ``(iii) No matching requirement.--The Administration shall 
     not require a grant recipient to match grant funding received 
     under this subsection with non-Federal resources as a 
     condition of receiving the grant.
       ``(4) Contract and cooperative agreement authority.--A 
     Native American business center may enter into a contract or 
     cooperative agreement with a Federal department or agency to 
     provide specific assistance to Native American and other 
     under-served small business concerns located on or near 
     tribal lands, to the extent that such contract or cooperative 
     agreement is consistent with the terms of any assistance 
     received by the Native American business center from the 
     Administration.
       ``(5) Application process.--
       ``(A) Submission of a 5-year plan.--Each applicant for 
     assistance under paragraph (1) shall submit a 5-year plan to 
     the Administration on proposed assistance and training 
     activities.
       ``(B) Criteria.--
       ``(i) In general.--The Administration shall evaluate and 
     rank applicants in accordance with predetermined selection 
     criteria that shall be stated in terms of relative 
     importance.
       ``(ii) Public notice.--The criteria required by this 
     paragraph and their relative importance shall be made 
     publicly available, within a reasonable time, and stated in 
     each solicitation for applications made by the 
     Administration.
       ``(iii) Considerations.--The criteria required by this 
     paragraph shall include--

       ``(I) the experience of the applicant in conducting 
     programs or ongoing efforts designed to impart or upgrade the 
     business skills of current or potential owners of Native 
     American small business concerns;
       ``(II) the ability of the applicant to commence a project 
     within a minimum amount of time;
       ``(III) the ability of the applicant to provide training 
     and services to a representative number of Native Americans;
       ``(IV) previous assistance from the Small Business 
     Administration to provide services in Native American 
     communities; and
       ``(V) the proposed location for the Native American 
     business center site, with priority given based on the 
     proximity of the center to the population being served and to 
     achieve a broad geographic dispersion of the centers.

       ``(6) Program examination.--
       ``(A) In general.--Each Native American business center 
     established pursuant to this subsection shall annually 
     provide the Administration with an itemized cost breakdown of 
     actual expenditures incurred during the preceding year.
       ``(B) Administration action.--Based on information received 
     under subparagraph (A), the Administration shall--
       ``(i) develop and implement an annual programmatic and 
     financial examination of each Native American business center 
     assisted pursuant to this subsection; and
       ``(ii) analyze the results of each examination conducted 
     under clause (i) to determine the programmatic and financial 
     viability of each Native American business center.
       ``(C) Conditions for continued funding.--In determining 
     whether to renew a grant, contract, or cooperative agreement 
     with a Native American business center, the Administration--
       ``(i) shall consider the results of the most recent 
     examination of the center under subparagraph (B), and, to a 
     lesser extent, previous examinations; and
       ``(ii) may withhold such renewal, if the Administration 
     determines that--

       ``(I) the center has failed to provide any information 
     required to be provided under subparagraph (A), or the 
     information provided by the center is inadequate;
       ``(II) the center has failed to provide any information 
     required to be provided by the center for purposes of the 
     report of the Administration under subparagraph (E); or
       ``(III) the information required to be provided by the 
     center is incomplete.

       ``(D) Continuing contract and cooperative agreement 
     authority.--
       ``(i) In general.--The authority of the Administrator to 
     enter into contracts or cooperative agreements in accordance 
     with this subsection shall be in effect for each fiscal year 
     only to the extent and in the amounts as are provided in 
     advance in appropriations Acts.
       ``(ii) Renewal.--After the Administrator has entered into a 
     contract or cooperative agreement with any Native American 
     business center under this subsection, it shall not suspend, 
     terminate, or fail to renew or extend any such contract or 
     cooperative agreement unless the Administrator provides the 
     center with written notification setting forth the reasons 
     therefore and affords the center an opportunity for a 
     hearing, appeal, or other administrative proceeding under 
     chapter 5 of title 5, United States Code.
       ``(E) Management report.--
       ``(i) In general.--The Administration shall prepare and 
     submit to the Committee on Small Business of the House of 
     Representatives and the Committee on Small Business and 
     Entrepreneurship of the Senate an annual report on the 
     effectiveness of all projects conducted by Native American 
     business centers under this subsection and any pilot programs 
     administered by the Office of Native American Affairs.
       ``(ii) Contents.--Each report submitted under clause (i) 
     shall include, with respect to each Native American business 
     center receiving financial assistance under this subsection--

       ``(I) the number of individuals receiving assistance from 
     the Native American business center;
       ``(II) the number of startup business concerns formed;
       ``(III) the gross receipts of assisted concerns;
       ``(IV) the employment increases or decreases of Native 
     American small business concerns assisted by the center since 
     receiving funding under this Act;
       ``(V) to the maximum extent practicable, increases or 
     decreases in profits of Native American small business 
     concerns assisted by the center since receiving funding under 
     this Act; and
       ``(VI) the most recent examination, as required under 
     subparagraph (B), and the subsequent determination made by 
     the Administration under that subparagraph.

       ``(7) Annual report.--Each entity receiving financial 
     assistance under this subsection shall annually report to the 
     Administration on the services provided with such financial 
     assistance, including--
       ``(A) the number of individuals assisted, categorized by 
     ethnicity;
       ``(B) the number of hours spent providing counseling and 
     training for those individuals;
       ``(C) the number of startup small business concerns formed, 
     maintained, and lost;
       ``(D) the gross receipts of assisted small business 
     concerns;
       ``(E) the number of jobs created, maintained, or lost at 
     assisted small business concerns; and
       ``(F) the number of Native American jobs created, 
     maintained, or lost at assisted small business concerns.
       ``(8) Record retention.--
       ``(A) Applications.--The Administration shall maintain a 
     copy of each application submitted under this subsection for 
     not less than 10 years.
       ``(B) Annual reports.--The Administration shall maintain 
     copies of the information collected under paragraph (6)(A) 
     indefinitely.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated $5,000,000 for each of the 
     fiscal years 2003 through 2007, to carry out the Native 
     American Small Business Development Program, authorized under 
     subsection (c).''.

[[Page S3446]]

     SEC. 3. PILOT PROGRAMS.

       (a) Definitions.--In this section:
       (1) Incorporation by reference.--The terms defined in 
     section 36(a) of the Small Business Act (as added by this 
     Act) have the same meanings as in that section 36(a) when 
     used in this section.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (3) Joint project.--The term `joint project' means the 
     combined resources and expertise of 2 or more distinct 
     entities at a physical location dedicated to assisting the 
     Native American community;
       (b) Native American Development Grant Pilot Program.--
       (1) Authorization.--
       (A) In general.--There is established a 4-year pilot 
     program under which the Administration is authorized to award 
     Native American development grants to provide culturally-
     tailored business development training and related services 
     to Native Americans and Native American small business 
     concerns.
       (B) Eligible organizations.--The grants authorized under 
     subparagraph (A) may be awarded to--
       (i) any small business development center; or
       (ii) any private, nonprofit organization that--

       (I) has tribal government members, or their designees, 
     comprising a majority of its board of directors;
       (II) is a Native Hawaiian organization; or
       (III) is an Alaska Native corporation.

       (C) Amounts.--The Administration shall not award a grant 
     under this subsection in an amount which exceeds $100,000 for 
     each year of the project.
       (D) Grant duration.--Each grant under this subsection shall 
     be awarded for not less than a 2-year period and not more 
     than a 4-year period.
       (2) Conditions for participation.--Each entity desiring a 
     grant under this subsection shall submit an application to 
     the Administration that contains--
       (A) a certification that the applicant--
       (i) is a small business development center or a private, 
     nonprofit organization under paragraph (1)(B)(i);
       (ii) employs a full-time executive director or program 
     manager to manage the facility; and
       (iii) agrees--

       (I) to a site visit as part of the final selection process;
       (II) to an annual programmatic and financial examination; 
     and
       (III) to the maximum extent practicable, to remedy any 
     problems identified pursuant to that site visit or 
     examination;

       (B) information demonstrating that the applicant has the 
     ability and resources to meet the needs, including cultural 
     needs, of the Native Americans to be served by the grant;
       (C) information relating to proposed assistance that the 
     grant will provide, including--
       (i) the number of individuals to be assisted; and
       (ii) the number of hours of counseling, training, and 
     workshops to be provided;
       (D) information demonstrating the effective experience of 
     the applicant in--
       (i) conducting financial, management, and marketing 
     assistance programs designed to impart or upgrade the 
     business skills of current or prospective Native American 
     business owners;
       (ii) providing training and services to a representative 
     number of Native Americans;
       (iii) using resource partners of the Administration and 
     other entities, including universities, tribal governments, 
     or tribal colleges; and
       (iv) the prudent management of finances and staffing;
       (E) the location where the applicant will provide training 
     and services to Native Americans; and
       (F) a multiyear plan, corresponding to the length of the 
     grant, that describes--
       (i) the number of Native Americans and Native American 
     small business concerns to be served by the grant;
       (ii) in the continental United States, the number of Native 
     Americans to be served by the grant; and
       (iii) the training and services to be provided to a 
     representative number of Native Americans.
       (3) Review of applications.--The Administration shall--
       (A) evaluate and rank applicants under paragraph (2) in 
     accordance with predetermined selection criteria that is 
     stated in terms of relative importance;
       (B) include such criteria in each solicitation under this 
     subsection and make such information available to the public; 
     and
       (C) approve or disapprove each completed application 
     submitted under this subsection not more than 60 days after 
     submission.
       (4) Annual report.--Each recipient of a Native American 
     development grant under this subsection shall annually report 
     to the Administration on the impact of the grant funding, 
     including--
       (A) the number of individuals assisted, categorized by 
     ethnicity;
       (B) the number of hours spent providing counseling and 
     training for those individuals;
       (C) the number of startup small business concerns formed, 
     maintained, and lost;
       (D) the gross receipts of assisted small business concerns;
       (E) the number of jobs created, maintained, or lost at 
     assisted small business concerns; and
       (F) the number of Native American jobs created, maintained, 
     or lost at assisted small business concerns.
       (5) Record retention.--
       (A) Applications.--The Administration shall maintain a copy 
     of each application submitted under this subsection for not 
     less than 10 years.
       (B) Annual reports.--The Administration shall maintain 
     copies of the information collected under paragraph (4) 
     indefinitely.
       (c) American Indian Tribal Assistance Center Grant Pilot 
     Program.--
       (1) Authorization.--
       (A) In general.--There is established a 4-year pilot 
     program, under which the Administration shall award not less 
     than 3 American Indian Tribal Assistance Center grants to 
     establish joint projects to provide culturally tailored 
     business development assistance to prospective and current 
     owners of small business concerns located on or near tribal 
     lands.
       (B) Eligible organizations.--
       (i) Class 1.--Not fewer than 1 grant shall be awarded to a 
     joint project performed by a Native American business center, 
     a Native American business development center, and a small 
     business development center.
       (ii) Class 2.--Not fewer than 2 grants shall be awarded to 
     joint projects performed by a Native American business center 
     and a Native American business development center.
       (C) Amounts.--The Administration shall not award a grant 
     under this subsection in an amount which exceeds $200,000 for 
     each year of the project.
       (D) Grant duration.--Each grant under this subsection shall 
     be awarded for a 3-year period.
       (2) Conditions for participation.--Each entity desiring a 
     grant under this subsection shall submit to the 
     Administration a joint application that contains--
       (A) a certification that each participant of the joint 
     application--
       (i) is either a Native American Business Center, a Native 
     American Business Development Center, or a Small Business 
     Development Center;
       (ii) employs a full-time executive director or program 
     manager to manage the center; and
       (iii) as a condition of receiving the American Indian 
     Tribal Assistance Center grant, agrees--

       (I) to an annual programmatic and financial examination; 
     and
       (II) to the maximum extent practicable, to remedy any 
     problems identified pursuant to that examination;

       (B) information demonstrating a historic commitment to 
     providing assistance to Native Americans--
       (i) residing on or near tribal lands; or
       (ii) operating a small business concern on or near tribal 
     lands;
       (C) information demonstrating that each participant of the 
     joint application has the ability and resources to meet the 
     needs, including the cultural needs of the Native Americans 
     to be served by the grant;
       (D) information relating to proposed assistance that the 
     grant will provide, including--
       (i) the number of individuals to be assisted; and
       (ii) the number of hours of counseling, training, and 
     workshops to be provided;
       (E) information demonstrating the effective experience of 
     each participant of the joint application in--
       (i) conducting financial, management, and marketing 
     assistance programs, as described above, designed to impart 
     or upgrade the business skills of current or prospective 
     Native American business owners; and
       (ii) the prudent management of finances and staffing; and
       (F) a plan for the length of the grant, that describes--
       (i) the number of Native Americans and Native American 
     small business concerns to be served by the grant; and
       (ii) the training and services to be provided.
       (3) Review of applications.--The Administration shall--
       (A) evaluate and rank applicants under paragraph (2) in 
     accordance with predetermined selection criteria that is 
     stated in terms of relative importance;
       (B) include such criteria in each solicitation under this 
     subsection and make such information available to the public; 
     and
       (C) approve or disapprove each application submitted under 
     this subsection not more than 60 days after submission.
       (4) Annual report.--Each recipient of an American Indian 
     tribal assistance center grant under this subsection shall 
     annually report to the Administration on the impact of the 
     grant funding received during the reporting year, and the 
     cumulative impact of the grant funding received since the 
     initiation of the grant, including--
       (A) the number of individuals assisted, categorized by 
     ethnicity;
       (B) the number of hours of counseling and training provided 
     and workshops conducted;
       (C) the number of startup business concerns formed, 
     maintained, and lost;
       (D) the gross receipts of assisted small business concerns;
       (E) the number of jobs created, maintained, or lost at 
     assisted small business concerns; and
       (F) the number of Native American jobs created, maintained, 
     or lost at assisted small business concerns.

[[Page S3447]]

       (5) Record retention.--
       (A) Applications.--The Administration shall maintain a copy 
     of each application submitted under this subsection for not 
     less than 10 years.
       (B) Annual reports.--The Administration shall maintain 
     copies of the information collected under paragraph (4) 
     indefinitely.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $1,000,000 for each of the fiscal years 2003 through 
     2006, to carry out the Native American Development Grant 
     Pilot Program, authorized under subsection (b); and
       (2) $1,000,000 for each of the fiscal years 2003 through 
     2006, to carry out the American Indian Tribal Assistance 
     Center Grant Pilot Program, authorized under subsection 
     (c).

 Mr. KERRY. Mr. President, I am pleased today to join with my 
colleague, Senator Johnson, as well as the cosponsors of our 
legislation, Senators, Cantwell, Wellstone, Daschle, Baucus, Inouye, 
Bingaman, Stabenow, and Clinton in introducing the Native American 
Small Business Development Act.
  This legislation bears the same name as legislation that passed the 
House last year, H.R. 2538, which was introduced by Congressman Tom 
Udall, a recognized leader in promoting the interests of American 
Indians. I would like to thank Congressman Udall for his work in 
stewarding H.R. 2538 through the House and for his assistance in 
working with Senator Johnson and me in drafting the Senate version of 
our legislation.
  I would also like to thank the National Indian Business Association, 
the National Center for American Indian Enterprise Development, the 
Association of Small Business Development Centers, ONABEN, Native 
American Management Services, Inc., and all of the tribes that met with 
us or provided information to help in the crafting of this legislation.
  The Senate version of the Native American Small Business Development 
Act, while incorporating the heart of the Udall legislation, is more 
comprehensive and provides greater assistance to Native American 
communities. Senator Johnson, who serves on the Indian Affairs 
Committee, and I, as Chairman of the Senate Committee on Small Business 
and Entrepreneurship, were able to combine our resources in crafting 
this legislation.
  Our desire to fashion a comprehensive assistance package for Native 
American small businesses stems in no small part from an apparent lack 
of commitment the Small Business Administration (SBA) has shown to our 
Native American communities under the Bush Administration.
  While I applaud the Bush Administration for responding to 
congressional requests and including $1 million in the Administration's 
fiscal year 2003 budget request for Native American outreach, I was 
disappointed that it did not seek the full level of $2.5 million 
requested in a letter I sent with my colleagues Senators Daschle, 
Wellstone, Johnson, Bingaman and Baucus. Our request specifically 
sought funding for the SBA's Tribal Business Information Center (TBIC) 
program, started under the Clinton Administration and designed to 
address the unique conditions faced by American Indians when they seek 
to start or expand small businesses.
  I do not believe that anyone in this Congress would dispute that 
economic development in Indian Country has often been difficult to 
achieve and that one important way to help American Indians who live on 
reservations is to provide them with assistance to open and run their 
own small businesses. Helping Native Americans open and run small 
businesses not only instills a sense of pride in the owner and his or 
her community, it also provides much-needed job opportunities, as well 
as other economic benefits.
  Although underfunded, the TBIC program has provided assistance to a 
number of small businesses on Indian reservations. TBICs have the 
support of the American Indian communities they serve because they 
provide desperately needed, culturally tailored business development 
assistance in those communities. The administration should be seeking 
to strengthen its commitment to programs that assist Native American 
communities. Unfortunately, the SBA cut off TBIC funding on March 31, 
2002, and has not met a request by a bipartisan group of Senators to 
begin the reprogramming process in order to keep the TBICs open for the 
remainder of the fiscal year.

  The Native American Small Business Development Act will ensure that 
the SBA's programs to assist Native American Affairs (ONAA) a permanent 
office, create a statutory grant program, known as the Native American 
Development grant program, to assist Native Americans, establish two 
pilot programs to try new means of assisting Native American 
communities and require Native American communities to be consulted 
regarding the future of SBA programs designed to assist them. In short, 
our legislation will ensure that our Native American communities will 
receive the assistance they need to help start and grow small 
businesses.
  The ONAA, to be headed by an Assistant Administrator, will be 
responsible for assisting Native Americans and Native American 
communities to start, operate, and grow small business concerns; 
develop management and technical skills; seek Federal procurement 
opportunities; increase employment opportunities through the start and 
expansion of small business concerns; and increase their access to 
capital markets.
  To be selected to serve as the Assistant Administrator for ONAA, a 
candidate must have knowledge of Native American cultures and 
experience providing culturally tailored small business development 
assistance to Native Americans. Under our legislation, the Assistant 
Administrator would be statutorily required to consult with Tribal 
Colleges and Tribal Governments, Alaska Native Corporations (ANC) and 
Native Hawaiian Organizations (NHO) when carrying out responsibilities 
under this legislation. The Assistant Administrator for ONAA would be 
responsible for administering the Native American Development program 
and the pilot programs created by the Native American Small Business 
Development Act.
  The Native American Development program is designed to be the SBA's 
primary program for providing business development assistance to Native 
American communities. To offer this support, the SBA will provide 
financial and resource assistance to establish and keep Native American 
Business Centers (NABC) in operation. Financial assistance under the 
Native American Development program would be available to Tribal 
Governments and Tribal Colleges. Unlike the SBA's TBIC program, 
however, ANCs and NHOs would also be eligible for the grants.
  NABCs would address the unique conditions faced by reservation-based 
American Indians, as well as Native Hawaiians and Native Alaskans, in 
their efforts to create, develop and expand small business concerns. 
Grant funding would be used by the NABCs to provide culturally tailored 
financial education assistance, management education assistance, and 
marketing education assistance.
  The first pilot program under the legislation establishes a Native 
American development grant. This grant is modeled after the Udall 
legislation and designed to bring the expertise of SBA's Small Business 
Development Centers (SBDC) to Native American communities. 
Additionally, any private nonprofit organization, whose board of 
directors consists of a majority of Tribal Government members or their 
designees, is an NHO or an ANC, may also apply for the grant. 
Nonprofits were included in the Senate version thanks to the thoughtful 
input of Senator Cantwell. Many American Indian communities in 
Washington State are served by an organization called ONABEN, which 
provides SBDC-like services to Native American communities in 
Washington, Oregon, Idaho, and California. Organizations like ONABEN 
should be encouraged to provide resources to Native American 
communities, and including them in the grant program available to SBDCs 
was an important addition to the legislation.
  Finally, our legislation establishes a second pilot program to try a 
unique experiment in Indian County. Grant funding would be made 
available to establish American Indian Tribal Assistance Centers. These 
centers will consist of joint entities, such as a partnership between 
an NABC, a Native American development center (which receive grants 
from the Department of Commerce) and possibly an SBDC. The purpose of 
this grant is to bring together experts from various entities to 
provide culturally tailored business development assistance to 
prospective and

[[Page S3448]]

current owners of small business concerns on or near Tribal Lands.
  I would again like to thank Senator Johnson and all of the cosponsors 
of this important legislation to assist our Native American 
communities. I would also, again, like to thank Congressman Udall for 
taking the lead in the House on providing critical assistance for small 
businesses in Native American communities. I would urge all of my 
colleagues to cosponsor this legislation to help us fulfill our 
commitment to Native American communities.

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