[Congressional Record Volume 148, Number 119 (Thursday, September 19, 2002)]
[Senate]
[Pages S8920-S8933]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DODD (for himself and Mr. Allen):
S. 2966. A bill to enable the United States to maintain its
leadership in aeronautics and aviation by instituting an initiative to
develop technologies that will significantly lower noise, emissions,
and fuel consumption, to reinvigorate basic and applied research in
aeronautics and aviation, and for other purposes; to the Committee on
Commerce, Science, and Transportation.
Mr. DODD. Madam President, I am pleased to rise today with Senator
Allen to introduce the Aeronautics Research & Development
Revitalization Act of 2002. This legislation is aimed at protecting the
economic stability and national security of the United States by
establishing a broad-based agenda to reinvigorate America's aeronautics
and aviation R&D enterprise and maintain America's competitive
leadership in aviation. Congressman Larson and other members of
Congress introduced companion legislation in the House several months
ago.
The United States has dominated the aircraft industry for years. In
1985, we dominated the aerospace market controlling more than 73
percent of the commercial aircraft industry. Unfortunately, since 1985,
the U.S. has fallen behind considerably. Today, we control less than 50
percent of the global market. Over the last decade, funding for the
National Aeronautics and Space Administration's aeronautics research
and development program has fallen by approximately 50 percent.
Last year, the European Commission and aerospace industry executives
unveiled a report entitled ``European Aeronautics: A Vision for 2020''
which outlines ambitious goals of attaining global leadership in
aeronautics and creating a world class air transport system for Europe.
The U.S. aeronautics industry is being left behind at the gates, and is
now in a position where it must catch up in an effort not to lose its
economic and technological dominance over the international aeronautics
market. Europe has committed to spending more than $93 billion within
the next 20 years in order to implement ``A Vision for 2020''.
The Aeronautics Research and Development Revitalization Act of 2002
will provide a funding basis for NASA to plan and implement their
``Aeronautics Blueprint-Toward a Bold New Era of Aviation''. The
``Aeronautics Blueprint'' confronts the challenges that are faced by
the aviation industry and puts forth a vision of what can be achieved
by investments in aeronautics research and technology, and stresses the
importance of combining the efforts of NASA, DOD, DoT, the FAA,
academia, and industry. It does not, however, provide a program plan to
actually achieve the vision, nor does it address the huge disparity
between current NASA aeronautics funding and what is required to
achieve the vision. The bill that Senator Allen and I are introducing
today provides the necessary program plan needed to achieve the
nation's aeronautics vision as found in the ``Aeronautics Blueprint,''
and stresses the importance of having agencies like NASA and FAA work
closely together in achieving these goals.
The Aeronautics Research and Development Revitalization Act of 2002
would reverse the trend of declining Federal investments in aeronautics
and aviation R&D by doubling the authorization of funding over five
years. Funding for NASA would increase to $900 million in 2005, which
is approximately the level it was in 1998, and would increase to $1.15
billion in 2007. The legislation would also double funding for the FAA
to more than $550 million in 2007.
This bill will have a direct impact on technologies that can be
easily incorporated into the commercial airline industry. The bill
focuses on improving fuel-efficiency for commercial standard airliners,
as well as noise reduction, improved emissions, wake turbulence, more
stringent safety and security standards, a more efficient air-traffic
control system, and supersonic transport. Universities will also be
given resources to develop training methods for people who will make
use of these technologies. Individual engineering graduate students
studying aeronautics will be eligible for scholarships and summer
employment opportunities which will be made possible through specific
funding in this legislation.
These new technologies will help our Nation militarily, as well.
Planes will be able to fly farther than before, communications networks
will be improved, making it easier to coordinate military operations,
and quieter engines will make planes less detectable to ground forces
that do not have the benefit of radar. Even transport missions will be
much more efficient.
The events of September 11 not only highlighted the importance of
aviation to our entire economy, but they also demonstrated the need to
enhance our aviation security system. This bill should, we believe, be
part of our government's commitment to investment in the economic
growth, security and safety of America's aviation and aeronautics
sector.
______
By Mr. BOND (for himself and Ms. Collins):
S. 2967. A bill to promote the production of affordable low-income
housing; to the Committee on Banking, Housing, and Urban Affairs.
Mr. BOND. Madam President, I rise today to introduce the Affordable
Housing Expansion Act of 2002. I include a summary of the provisions of
the legislation with my statement, and I urge all members to review the
bill and the summary. Obviously this is a major piece of legislation
that will undoubtedly be considered in the next session of Congress as
well, but I want to be out in public for discussion this year so we can
work on it early next year. This is an important bill that is designed
to start to meet the long-term housing needs of very low- and extremely
low-income families. This bill is targeted especially to provide
affordable housing for extremely low-income families, those at or below
30 percent of medium income.
In particular, the Affordable Housing Expansion Act would establish a
new block grant program to be administered by the Department of Housing
and Urban Development--HUD. HUD would allocate funds to state housing
finance agencies for the development of mixed income housing with the
Federal funding targeted to the development of the very low-income and
extremely low-income housing component of the mixed income housing.
Each state housing finance agency would have to submit an affordable
housing expansion
[[Page S8921]]
plan to HUD that ensures the funds are allocated to meet the low-income
housing needs in both the rural and urban areas of each state. States
also would have to contribute a 25 percent match. Moreover, each state
housing finance agency could use up to 20 percent of these block grant
funds to preserve existing low-income multifamily housing and for the
rehabilitation needs of low-income multifamily housing.
The Affordable Housing Expansion Act also provides new authority for
low-income housing production under the Section 8 program and the
Public Housing program. Under the Section 8 program, the bill provides
new authority for a ``Thrifty Voucher'' program that would allow the
use of section 8 project-based assistance for new construction,
substantial rehabilitation and preservation of affordable housing for
extremely low-income families. Because the cost of these vouchers is
capped at 75 percent of the payment standard, these vouchers will need
to be used in conjunction with other housing assistance programs, such
as the HOME program, the Community Development Block Grant program or
Low Income Housing Tax Credit program, to be successful.
The bill also would authorize a new loan guarantee program that will
allow public housing agencies to rehabilitate existing public housing
or develop off-site public housing in mixed income developments. The
long-term debt of these loans would be tied to the pro-rata share of
funds under the Public Housing Capital and Operating Funds that would
be allocated to the units that are rehabilitated or constructed over a
maximum of 30 years. This tool will allow Public Housing Agencies to
address more aggressively the over $20 billion backlog of public
housing capital needs.
The Affordable Housing Expansion Act of 2002 is an important first
step towards addressing a growing shortage of affordable housing for
very low-income and extremely low-income families. While homeownership
rates have grown and the cost of housing has skyrocketed, many very
low-income and extremely low-income families are being left behind
without the availability of affordable rental housing. This is
unfortunate. It is a tragedy. The social and economic costs to the
Nation are dramatic. And while we have several Federal housing
production programs, such as the HOME program and the Low Income
Housing Tax Credit, not enough is being done.
In particular, HUD's most recent report on worst case housing needs,
A Report on Worst Case Needs in 1999: New Opportunity Amid Continuing
challenges, concluded that the shortage of affordable housing has
worsened. In particular, the number of units affordable to extremely
low-income renters dropped between 1997 and 1999 at an accelerated
rate, and shortages of affordable housing available to those renters
worsened. As we have seen in this economy, as rents continue to rise
faster than inflation, the pressure for above-average rent increases at
the bottom end of the rental stock is eroding further the supply of
rental units that are affordable without Government subsidies.
In addition, this report found a record high of 5.4 million
families--some 600,000 more families with worst case housing needs than
in 1991--that have incomes below 50 percent of median income and pay at
least 50 percent of their income in rent. In addition, worst case
housing needs have become increasingly concentrated among those
families with extremely low-incomes. In particular, over three-quarters
of the families with worst case housing needs in 1997 had incomes below
30 percent of median income. I have seen no evidence that these
families have fared better since 1997, and as rents have increased, I
think it obvious that the problem has worsened. Further, since that
time, we have lost some 200,000 units of section 8 project-based units
to rent increases as well as to decisions by owners of the housing not
to renew their section 8 contracts. Also, as families age and people
live longer lives, we are beginning to face a new crisis of a lack of
affordable housing for our seniors.
The Affordable Housing Expansion Act is designed to provide
additional, needed tools that will allow States and communities to
develop new affordable low-income and mixed-income housing, including
units targeted to extremely low-income families. This would help fill a
gap in the housing needs of the Nation that would allow these lowest
income families to begin to climb the housing ladder to homeownership.
Decisions would be driven by local choice and need and start to meet
the burgeoning need for new low-income housing in tight markets where
there is little or no housing for families and seniors at the low end
of the economic scale. These families need to be served and the cost is
small compared to potential cascading social and economic costs to both
communities and families--it is a simple equation--homes equal stable
environments in which children are educated and people can obtain jobs.
Jobs and homes represent the tax base of any community and educated
children are the future of our Nation.
This is important legislation. The private sector is not making the
needed investment to meet the low-income housing needs of the present
and future. The Federal government must show the leadership and make
the needed investment to partner with state and localities as well as
public and private entities in the low-income housing infrastructure of
the Nation. This bill is designed to start to meet this need and focus
the debate on the importance of low-income housing production to the
current and future housing needs of this Nation.
Too often in this body we say we are going to help low-income people
get more housing because we are going to expand the number of section 8
certificates. The sad fact is that in many communities, particularly in
the St. Louis area, no matter how many more vouchers you put out, no
more housing is available. Too many of the vouchers, the certificates,
are not used because there simply is not the affordable housing. This
deals with the problem that we see, not just in St. Louis but across
the Nation.
I believe my colleagues should take a hard look at this. We invite
their comments and consideration. We must do something, and it will
probably be next year, but we must get to work right now thinking about
how we are going to meet the need for affordable housing for the very
low and extremely low income people who live in our country.
I ask unanimous consent that a summary of the legislation be printed
with my statement.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. BOND. Madam President, I send the bill to the desk and ask for
its appropriate referral.
The ACTING PRESIDENT pro tempore. The bill will be received and
appropriately referred.
Affordable Housing Expansion Act of 2002 (Introduced by Senators Bond
and Collins)
TITLE I--PRODUCTION OF NEW HOUSING FOR EXTREMELY LOW-INCOME AND VERY
LOW-INCOME FAMILIES
Establishes a $1 billion block grant program beginning in
2003 that would allocate funds to state housing finance
agencies on a per capita basis according to the population of
the state. No state would receive less than $6 million.
Allows funds to be used for acquisition, new construction,
reconstruction, or moderate or substantial rehabilitation of
affordable housing; permits funds to be used for
rehabilitation needs and preservation of existing assisted
low-income housing (although no more than 20 percent of the
funds can be used for rehabilitation and preservation);
allows conversion of existing housing to housing for the
elderly or for persons with disabilities.
Requires states to meet a 25 percent matching requirement
to ensure accountability and to leverage additional funds.
Requires housing developed to be low- and mixed-income
housing with at least 30 percent of the assisted unites
targeted to extremely low-income families (families at or
below 30 percent of medium income); remaining assisted units
would be targeted to very low-income families.
Rents for assisted units are modeled after the low-income
tax credit program only with deeper targeting--extremely low-
income families would pay no more than 25 percent of 30
percent of medium income and very low-income families would
pay no more than 25 percent of 50 percent of medium income.
Authorizes a new multifamily risk-sharing mortgage
insurance program to help underwrite housing assisted under
this title.
TITLE II--SECTION 8 HOUSING PRODUCTION
Thrifty vouchers
Establishes a ``Thrify'' Voucher Housing Production program
that targets section 8
[[Page S8922]]
project-based assistance for new construction, substantial
rehabilitation and preservation with eligible families
defined as ``extremely low-income families'' (those at or
below 30 percent of adjusted income).
Limits assistance to 25 percent of units in a building
while limiting the cost for a unit at 75 percent of the
payment standard or fair market rent (really is operating
costs, utility costs and reasonable return on operating
costs.). Initial rent term would be 15 years with renewals
through at least year 40. The premise is to use anticipated
section 8 project-based funds to capitalize the cost of new
construction, substantial rehabilitation and preservation
while subsidizing these costs over some 40 years plus.
Thrifty vouchers could be used in conjunction with low-income
housing tax credits, HOME, CDBG or the (Title I) ``Bond''
Housing Production Block Grant program.
New Thrifty Vouchers would be distributed under the formula
used for the HOME program.
Reallocation of vouchers
New section 8 provision would provide for the reallocation
of section 8 funds where a PHA fails to utilize at least 90
percent of allocated section 8 tenant-based assistance, and
then 95 percent after 16 months from notice on failure to
meet the 90 percent utilization requirements. Allows PHAs to
challenge for a new survey of market rents in an area for an
increased rent payment standard or fair market rent. Provides
for a reallocation to another PHA, State or local agency, or
nonprofit/for-profit capable of administering section 8
assistance upon a finding that a PHA has failed to meet these
performance requirements. Upon a finding that there is a lack
of eligible families for section 8 assistance in an are, HUD
may reallocate section 8 assistance to other needy areas.
Preservation of sections 8 assistance on hud--held and owned
properties
New provision that requires HUD to maintain existing
section 8 project-based assistance for any HUD-owned or HUD-
held multifamily projects upon disposition, except where HUD
determines the project is not viable. (Mirrors Bond provision
carried in annual VA/HUD Appropriations Acts for the
disposition of HUD-owned or HUD-held multifamily projects
that serve elderly or disabled families.)
TITLE III--PUBLIC HOUSING LOAN GUARANTEE PROGRAM
Establishes a new HUD loan guarantee program for public
housing agencies for the rehabilitation of a portion of
public housing or the development of off-site public housing
in mixed income developments. Long term debt is tied to the
pro-rata share of funds under the Captial and Operating Funds
that would be allocated to the units rehabilitated or
constructed over a maximum of 30 years.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2967
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 ``Affordable Housing Expansion
Act of 2002''.
SEC. 2. PURPOSE.
The purposes of this Act are to expand the production of
affordable low-income housing for extremely low-, very low-
and low-income families:
(1) through the creation of a housing production block
grant program that will be administered through state housing
finance agencies;
(2) through new section 8 ``thrifty'' voucher authority;
and
(3) through new loan guarantee authority for public housing
agencies.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall
apply:
(1) The term ``extremely low-income families'' shall mean
persons and families (as that term is defined in section
3(b)(3) of the United States Housing Act of 1937) whose
incomes do not exceed--
(A) 30 percent of the area medium as determined by the
Secretary with adjustments for smaller and larger families
and for unusually high or low family incomes; or
(B) 30 percent of the national nonmetropolitan medium
income, if it is higher than the area medium income.
(2) The term ``insular areas'' shall mean the Commonwealth
of the Northern Mariana Islands, Guam, the Virgin Islands,
America Samoa, and any other territory of possession of the
United States
(3) The term ``low-income families'' shall have the same
meaning as provided under section 3(b)(2) of the United
States Housing Act of 1937.
(4) The term ``project-based assistance'' shall have the
meaning given such term in section 16(c)(6) of the United
States Housing Act of 1937, except that such term includes
assistance under any successor programs to the programs
referred to in such section.
(5) The term ``public housing agency'' shall have the
meaning given such term in section 3(b) of the United States
Housing Act of 1937.
(6) The term ``Secretary'' shall mean the Secretary of
Housing and Urban Development.
(7) The term ``section 8 assistance'' or ``voucher'' shall
have the meaning given such term in section 8(f) of the
United States Housing Act of 1937.
(8) The term ``State'' shall mean any State of the United
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(9) The term ``State housing finance agency'' shall mean
any State or local housing finance agency that has been
designated by a State or insular area to administer this
program.
(10) The term ``very low-income families'' shall have the
same meaning as provided under section 3(b) of the United
States Housing Act of 1937.
TITLE I--PRODUCTION OF AFFORDABLE HOUSING FOR EXTREMELY LOW-INCOME AND
VERY LOW-INCOME FAMILIES
SEC. 101. AUTHORITY.
The Secretary of Housing and Urban Development shall make
funds available to State housing finance agencies as provided
under section 102 for the rehabilitation of existing low-
income housing, for the development of new affordable low-
income housing units, and for the preservation of existing
low-income housing units that are at risk of becoming
unavailable for low-income families.
SEC. 102. ALLOCATION OF RESOURCES.
(a) In General.--The Secretary shall allocate funds
approved in appropriations Acts to State housing finance
agencies to carry out this Title. Subject to the requirements
of subsection (b) and as otherwise provided in this
subsection, each State housing finance agency shall be
eligible to receive an amount of funds equal to the
proportion of the per capita population of the State in
relation to the population of the United States which shall
be determined on the basis of the most recent decennial
census for which data are available. For each fiscal year,
the Secretary shall reserve for grants to Indian tribes 1
percent of the amount appropriated under the applicable
appropriations Act. The Secretary shall provide for
distribution of amounts under this subsection to Indian
tribes on the basis of a competition conducted pursuant to
specific criteria developed after notice and public comment.
(b) Minimum State Allocation.--If the allocation under
subsection (a), when applied to the funds approved under this
section in appropriations Acts for a fiscal year, would
result in funding of less than $6,000,000 for any State, the
allocation for such State shall be $6,000,000 and the
increase shall be deducted pro rata from the allocation of
all the other States.
(c) Criteria for Reallocation.--The Secretary shall
reallocate any funds previously allocated to a State housing
finance agency for any fiscal year in which the State housing
finance agency fails to provide its match requirements or
fails to submit an affordable housing expansion plan that is
approved by the Secretary. All such funds shall be
reallocated pursuant to the formula provided under subsection
(a).
SEC. 103. AFFORDABLE HOUSING EXPANSION PLAN.
(a) Submission of Affordable Housing Expansion Plan.--The
Secretary shall allocate funds under section 102 to a State
housing finance agency only if the State housing finance
agency has submitted an affordable housing expansion plan,
with annual updates, approved by the Secretary and
designed to meet the overall very low- and low-income
housing needs of both the rural and urban areas of the
State in which the State housing finance agency is
located. This plan shall be developed in conjunction with
the housing strategies developed for the applicable States
and localities under section 105 of Cranston-Gonzalez
National Affordable Housing Act.
(b) Citizen Participation.--Before submitting an affordable
housing expansion plan to the Secretary, a State housing
finance agency shall--
(1) make available to citizens of the State, public
agencies and other interested parties information regarding
the amount of assistance expected to be made available under
this Title and the range of investment or other uses of such
assistance that the State housing finance agency may
undertake;
(2) publish the proposed plan in a manner that, in the
determination of the Secretary, affords affected citizens,
public agencies, and other interested parties a reasonable
opportunity to review its contents and to submit comments on
the proposed plan;
(3) hold one or more public hearings to obtain the views of
citizens, public agencies, and other interested parties on
the housing needs of the State; and
(4) provide citizens, public agencies, and other interested
parties with reasonable access to records regarding the uses
of any assistance that the State housing finance agency may
have received under this Title during the preceding 5 years.
SEC. 104. ELIGIBLE USE OF FUNDS.
Funds made available under this title shall be used for--
(1) the acquisition, new construction, reconstruction, or
moderate or substantial rehabilitation of affordable housing
for mixed income rental housing where the assistance provided
under section 102 shall be used to assist units targeted to
very low-income and extremely low-income families, including
large families, the elderly, and persons with disabilities.
(2) the moderate and substantial rehabilitation of rental
housing units that are currently assisted under State or
Federal low-income housing programs;
(3) the preservation of Federal and State low-income
housing units that are at risk of
[[Page S8923]]
being no longer affordable to low-income families;
(4) the purchase and creation of land trusts to allow low-
income families an opportunity to rent homes in areas of low-
vacancy;
(5) conversion of public housing to assisted living
facilities for the very low- and extremely-low income
elderly;
(6) conversion of section 202 elderly housing to assisted
living facilities for the very low- and extremely-low income
elderly;
(7) conversion of HUD-owned or HUD-held multifamily
properties upon disposition to housing for the very low- and
extremely low-income elderly, housing for very low-income and
extremely low-income persons with disabilities and to
assisted living facilities for the very low- and extremely
low-income elderly; and
(8) creation of sinking funds to maintain reserves held by
State housing finance agencies to preserve the low-income
character of the housing.
SEC. 105. MATCHING REQUIREMENTS.
(a) In General.--Each State housing finance agency shall
make contributions for activities under this title that
total, throughout a fiscal year, not less than 25 percent of
the funds made available under this title.
(b) Allowable Amounts.--
(1) Application to housing.--A contribution shall be
recognized for purposes of a match under subsection (a) only
if--
(A) made with respect to housing that qualifies as
affordable housing under section 107; or
(B) made with respect to any portion of a project for which
not less than 50 percent of the units qualify as affordable
housing under section 107.
(2) Form.--A contribution may be in the form of--
(A) cash contributions from non-Federal sources, which may
not include funds from a grant under section 106(b) or
section 106(d) of the Housing and Community Development Act
of 1974 or from the value of low income tax credits allocated
pursuant to the Internal Revenue Code;
(B) the value of taxes, fees or other charges that are
normally and customarily imposed but are waived, forgone, or
deferred in a manner that achieves affordability of housing
assisted under this title;
(C) the value of land or other real property as appraised
according to procedures acceptable to the Secretary;
(D) the value of investment in on-site and off-site
infrastructure directly required for affordable housing
assisted under this title;
(E) the reasonable value of any site-preparation and
construction materials and any donated or voluntary labor in
connection with the site-preparation for, construction or
rehabilitation of affordable housing; and
(F) such other contributions to affordable housing as the
Secretary considers appropriate.
(3) Administrative expenses.--Contributions for
administrative expenses may not be recognized for purposes of
this section.
SEC. 106. DISTRIBUTION OF ASSISTANCE.
Each State housing finance agency shall ensure that the
development of new housing under this section is designed to
meet both urban and rural needs, and prioritize funding, to
the extent practicable, in conjunction with the economic
redevelopment of an area.
SEC. 107. ELIGIBLE AFFORDABLE HOUSING.
(a) Production of Affordable Housing.--In the case of new
construction, housing shall qualify for assistance under this
title only if the housing--
(1) is required to have not less than 30 percent of the
assisted units occupied by extremely low-income families who
pay as a contribution towards rent (not including any Federal
or State rental subsidy provided on behalf of the family) not
more than 25 percent of the adjusted income of a family whose
income equals 30 percent of the median income for the area,
as determined by the Secretary, with adjustments for the
number of bedrooms in the unit, except that the Secretary may
establish income ceilings higher or lower than 30 percent of
the median income for the area on the basis of the
Secretary's findings that variations are necessary because of
the prevailing levels of construction costs or fair market
rents, or unusually high or low family incomes;
(2) except as provided under paragraph (1), is required to
have all assisted units be occupied by very low-income
families who pay as a contribution towards rent (not
including any Federal or State rental subsidy provided on
behalf of the family) not more than 25 percent of 50 percent
of the median income for an area; and
(3) will remain affordable under the requirements provided
in paragraphs (1) and (2), according to legally binding
commitments satisfactory to the Secretary, for not less than
40 years, without regard to the term of the mortgage or to
the transfer of ownership, or for such period that the
Secretary determines is the longest feasible period of time
consistent with sound economics and the purposes of this Act,
including foreclosure where the responsibility for
maintaining the low-income character of the property will be
the responsibility of the State housing finance agency.
(b) Priority for Extremely Low-Income Families.--State
housing finance agencies shall give priority for funding to
those projects that maximize the availability and
affordability of housing for extremely low-income families.
SEC. 108. TENANT SELECTION.
An owner of any housing assisted under this Title shall
establish tenant selection procedures consistent with the
affordable housing expansion plan of the State housing
finance agency.
SEC. 109. PROHIBITION ON USE OF FUNDS FOR SERVICE
COORDINATORS OR SUPPORTIVE SERVICES.
No funds under this Act may be used for service
coordinators or supportive services.
SEC. 110. PENALTIES FOR MISUSE OF FUNDS.
The Secretary shall recapture any assistance awarded under
this Title to the extent the assistance has been used for
impermissible purposes. To the extent the Secretary
identifies a pattern and practice regarding the misuse of
funds awarded under this Title, the Secretary shall deny
assistance to that State for up to 5 years, subject to notice
and an opportunity for judicial review.
SEC. 111. SUBSIDY LAYERING REQUIREMENTS.
The requirements of section 102(d) of the Department of
Housing and Urban Development Reform Act of 1989 may be
satisfied in connection with assistance, including a
commitment to insure a mortgage, provided under this Title by
a certification of a State housing finance agency to the
Secretary that the combination of assistance within the
jurisdiction of the Secretary and other government assistance
provided in connection with a property assisted under this
Title shall not be any greater than is necessary to provide
affordable housing.
SEC. 112. MULTIFAMILY RISK-SHARING MORTGAGE INSURANCE
PROGRAM.
The Secretary shall carry out a mortgage insurance program
through the Federal Housing Administration in conjunction
with State housing finance agencies to insure multifamily
mortgages for housing that qualifies under this Title. This
program shall be consistent with the requirements established
under section 542 of the Housing and Community Development
Act of 1992, except that housing that meet the
requirements of this Title shall be eligible for mortgage
insurance.
SEC. 113. EFFECTIVE DATE AND REGULATIONS.
(a) Effective Date.--This Title shall take effect upon the
date of enactment of this Act.
(b) Rules.--The Secretary shall issue notice and comment
rulemaking with final regulations issued no later than 6
months after the date of enactment of this Act.
SEC. 114. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,000,000,000 for
fiscal year 2003, of which no more than 20 percent of such
funds may be used for rehabilitation needs and to preserve
existing housing for low- income families.
TITLE II--SECTION 8 HOUSING PRODUCTION
SEC. 201. PROJECT-BASED VOUCHERS AND THRIFTY VOUCHERS.
(a) In General.--Section 8(o)(13) of the United States
Housing Act of 1937 is amended--
(1) in subparagraph (C)(ii), by inserting before the period
at the end the following: ``, revitalizing a low-income
community, or preventing the displacement of extremely low-
income families'';
(2) in subparagraph (D)(ii), by striking ``apply in the
case of'' and all that follows through the period and
inserting the following: ``apply--
(I) in the case of assistance under a contract for housing
consisting of single family properties (buildings with 1 to 4
units);
(II) for dwelling units that are specifically made
available for households comprised of elderly families or
disabled families; or
(III) outside of a qualified census tract, for buildings
with 5 to 25 units or with dwelling units that are
specifically made available for families receiving supportive
services.
For purposes of this clause, the term `qualified census
tract' has the same meaning given that term in section 42(d)
of the Internal Revenue Code of 1986. The Secretary may waive
the limitations of this clause, consistent with the
obligation to affirmatively further fair housing
practices.'';
(3) in subparagraph (F), by striking ``10 years'' and
inserting ``15 years'';
(4) by adding the following to the end:
``(L) Use of assistance in conjunction with public housing
capital funds.--
``(i) Capital fund.--Notwithstanding any provision to the
contrary in this Act, a public housing agency may attach
assistance under this paragraph to a structure or unit that
receives assistance allocated to the public housing agency
under the Capital Fund, established by section 9(d).
``(ii) Operating fund.--A unit that receives assistance
under this paragraph shall not be eligible for assistance
under the Operating Fund established by section 9(e).
``(M) Thrifty vouchers.--
``(i) In general.--For the purpose of encouraging the
production or preservation of housing affordable to extremely
low-income families, a public housing agency may use amounts
provided under an annual contributions contract under this
subsection to enter into a housing assistance payment
contract for Thrifty Voucher assistance that is attached to
the structure. Except as otherwise specified in this
paragraph, such housing assistance contract shall be subject
to the limitations and requirements of subparagraphs (A),
(B), (C), (D), (E), (F), (G), (J), (K) and (L).
``(ii) Use for new production, substantial rehabilitation,
and preservation.--Assistance under this paragraph may only
be attached to a structure that is newly constructed,
acquired for preservation as affordable housing, or
substantially rehabilitated.
[[Page S8924]]
``(iii) Eligible families.--A prospective tenant of a unit
that is assisted under this subparagraph must qualify as an
extremely low-income family at the commencement of the
proposed occupancy by the tenant.
``(iv) Limitation.--Assistance under this subparagraph may
not be attached to more than 25 percent of the units in a
building. For purposes of this clause, a project consisting
of single family structures shall be treated as 1 building if
the single family structures are owned, and constructed,
substantially rehabilitated, or acquired for preservation
under a common plan.
``(v) Rent calculation.--
``(I) In general.--A housing assistance payment contract
entered into under this subparagraph shall establish the
gross rent for each unit assisted in an amount equal to the
per unit operating cost of the property plus the applicable
utility allowance of the public housing agency for tenant-
paid utilities. An owner may accept a gross rent that is less
than the per unit operating cost of the property plus the
applicable utility allowance, if the gross rent exceeds the
limitation under subclause (IV).
``(II) Unit operating cost.--As used in this subparagraph,
the unit operating cost is the allocable share of the
ordinary and customary expenses of the unit incurred to
operate the property, including applicable owner- paid
utilities, contribution to the replacement reserve, asset
management fees, and a cash flow allowance equal to 15
percent of all other allocable operating costs. A public
housing agency shall require an owner to demonstrate that the
unit operating cost for units assisted under this
subparagraph does not exceed the operating cost of other
units in the property that are not assisted under this
subparagraph, with appropriate adjustments for unit size,
and shall establish policies to ensure that expenses
included in the unit operating cost that are paid to the
owner or a related entity are reasonable and consistent
with prevailing costs in the community in which the
property is located. Required verification shall be
determined by the public housing agency.
``(III) Adjustment.--A public housing agency shall, upon
request, make an appropriate annual adjustment in the rent
established under this clause based on documented changes in
unit operating costs and any increase in the applicable fair
market rent or payment standard.
``(IV) Limitation.--Gross rent established under this
paragraph shall not exceed the greater of--
``(aa) 75 percent of the payment standard used by the
public housing agency for a dwelling unit of the same size;
or
``(bb) 75 percent of the applicable fair market rental.
``(V) Exception.--The Secretary is authorized to approve an
exception to the 75 percent limitation in subclause (IV) for
not more than 2 percent of the total number of vouchers
funded under this subsection, not to exceed 90 percent of the
payment standard or applicable fair market rental, if the
permitted maximum rent could not otherwise support the
reasonable operating cost of rental housing, and the public
housing agency can demonstrate a need for production or
preservation of affordable housing.
``(vi) Renewal of assistance.--
``(I) In general.--The Secretary shall increase the
adjusted allocation baseline for renewal of funding under
subsection (dd) for public housing agencies that attach
assistance under this paragraph to a structure.
``(II) Increase equivalent.--An increase under subclause
(I) shall equal the number of additional families that a
public housing agency can assist as a result of the reduced
payments permitted under this paragraph.
``(III) Exception to limitation on project-based
assistance.--The additional units assisted as a result of the
reduced payments permitted under this paragraph shall not be
considered in determining the compliance of a public housing
agency with the percentage limitation in subparagraph (B).
``(IV) Applicability.--This subparagraph shall not apply to
incremental assistance initially issued under this paragraph.
``(vii) Allocation of incremental assistance for use under
this paragraph.--
``(I) In general.--Incremental assistance appropriated for
use under this paragraph--
``(aa) shall be allocated for public housing agencies
within each State, after reserving appropriate amounts for
insular areas, in accordance with the formula established by
the Secretary under section 217(b) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12747(b)); and
``(bb) the Secretary shall obligate amounts that are
available for public housing agencies within each State, as
determined under item (aa), to qualified public housing
agencies within the State pursuant to specific criteria for
the selection of recipients for assistance in a notice
published in the Federal Register.
``(II) Recipients.--Subject to the allocation referred to
in subclause (I) and any additional criteria that the
Secretary may establish, the Secretary shall award such
incremental assistance for use under this paragraph to a
public housing agency that administers a program of tenant-
based assistance under this subsection and--
``(aa) administers funds for the construction,
preservation, or substantial rehabilitation of rental housing
other than public housing; or
``(bb) has an agreement with an agency or entity that
administers funds for the construction, preservation, or
substantial rehabilitation of rental housing that will enable
a prospective developer of such housing to submit a single
application for both types of funds.
``(III) Limitation.--Incremental assistance for use under
this paragraph shall not be considered in determining
compliance by a public housing agency with the limitation in
subparagraph (B).
``(IV) National competition.--If the Secretary determines
that sufficient funds for incremental assistance for use
under this paragraph have not been appropriated for public
housing agencies within each State in accordance with the
formula established under section 217(b) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
12747(b)), the Secretary may award such funds to qualified
public housing agencies through a national competition.
``(viii) Definitions.--In this subparagraph--
``(I) the term `substantial rehabilitation' means
rehabilitation expenditures paid or incurred with respect to
a unit, including its prorated share of work on common areas
or systems, of at least $25,000, which amount shall be
increased annually by the Secretary to reflect inflation, and
such increased amount shall be published in the Federal
Register; and
``(II) the term `extremely low-income families' means
persons and families (as that term is defined in section
3(b)(3)) whose incomes do not exceed--
``(aa) 30 percent of the area median income, as determined
by the Secretary with adjustments for smaller and larger
families and for unusually high or low family incomes; or
``(bb) 30 percent of the national nonmetropolitan median
income, if it is higher than the area median income.''.
(b) Effective Date.--
(1) In general.--This section and the amendments made by
this section shall take effect upon the date of enactment of
this Act.
(2) Rules.--The Secretary shall promulgate rules, as may be
necessary, to carry out section 8(o)(13) of the United States
Housing Act of 1937, as amended by this Act, and shall
publish--
(A) either proposed rules or interim rules not later than 6
months after the date of enactment of this Act; and
(B) final rules not later than 1 year after the date of
enactment of this Act.
SEC. 202. REALLOCATION OF VOUCHERS.
(a) In General.--Section 8(dd) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(dd)) is amended--
(1) by striking ``Subject to'' and inserting the following:
``(1) In general.--Subject to''; and
(2) by adding at the end the following: ``(2) Reallocation
of chronically unutilized vouchers.--
``(A) In general.--The Secretary may reduce the allocation
baseline, only to the extent that the reduction reflects the
lesser of the unutilized portion of tenant-based subsidies or
of budget authority provided under this section, of a public
housing agency that--
``(i) fails, in a fiscal year, beginning in the fiscal year
in which this Act is enacted, to utilize at least 90 percent
of its allocated number of tenant-based subsidies or at least
90 percent of the budget authority provided under this
section that has been under annual contributions contract for
12 months on the first day of the fiscal year, not taking
into account, in the numerator, funds used for services and
other activities under section 4; and
``(ii) fails, within 16 months after written notice by the
Secretary of a failure described in clause (i), to utilize at
least 95 percent of allocated vouchers for rental assistance
provided under this section or contracted budget authority
provided under this section with respect to vouchers that
have been under annual contributions contract for 12 months
on the first day of the fiscal year, not taking into account,
in the numerator, funds used for services and other
activities under section 4.
``(B) Notice to tenants and community.--When the Secretary
provides written warning to a public housing agency of a
failure described in subparagraph (A)(i), the Secretary shall
also publish notice of such failure in the Federal Register
and shall provide written notice of such failure to the
chairman of the subject public housing agency's resident
advisory board established pursuant to section 5A(e). Not
later than 14 days after the date of receipt by the public
housing agency of notice of a failure described in
subparagraph (A)(i), that public housing agency shall provide
a copy of such notice to all members of its resident advisory
board or boards.
``(C) Utilization rate determination.--
``(i) In general.--At the request of a public housing
agency, the Secretary shall determine the voucher utilization
rate of the public housing agency for use under subparagraph
(A), based on data regarding the utilization of vouchers from
the period beginning 6 months prior to the request of the
public housing agency.
``(ii) Eligibility of a PHA to request a new survey of fair
market rents.--If a public housing agency requests, within 60
days of receipt of the written notice by the Secretary of a
failure described in subparagraph (A)(i), that the Secretary
conduct a further survey of market rents in the area to
determine the accuracy of the applicable fair market rent or
the need for an exception payment standard, and the Secretary
determines as a result of such survey to increase the fair
market rent or payment standard,
[[Page S8925]]
the written notice shall be considered null and void. Whether
a public housing agency complies with the standard under
subparagraph (A)(i) shall be determined based on the first
complete fiscal year in which the agency has the opportunity
to use the increased fair market rent or approved exception
payment standard. To be eligible to request a rent survey
under this clause, a public housing agency must use the
maximum allowable payment standard for that area for a period
of not less than 6 months prior to such request.
``(D) Determination of ineffective performance.--A
reallocation of chronically unutilized vouchers under this
subsection shall be deemed to be a determination that the
agency is not performing effectively under section
3(b)(6)(B)(iii).
``(3) Reallocation.--
``(A) In general.--The Secretary shall allocate the
contracts for the vouchers made available by the reduction in
baseline authority authorized under paragraph (2) in a manner
that ensures that applicants on the waiting list of the
public housing agency from which vouchers are reallocated may
continue to be served, consistent with this paragraph.
``(B) Metropolitan area.--
``(i) Designation of metropolitan administrator.--If
vouchers are reallocated from a public housing agency located
in a metropolitan area, the Secretary shall, based on a
public competitive process, designate a metropolitan
administrator for all or a portion of the metropolitan
statistical area in which that public housing agency is
located, in a manner consistent with clause (iv).
``(ii) Distribution of vouchers.--A metropolitan
administrator designated under clause (i) shall receive all
vouchers in that administrator's region made available
pursuant to paragraph (2).
``(iii) Eligible administrators.--The Secretary may select
as a metropolitan administrator an agency--
``(I) that--
``(aa) currently administers a voucher program serving
residents of the geographic area served by the agency whose
voucher allocation has been reduced;
``(bb) has the legal ability to serve such area; or
``(cc) has an agreement with the Secretary to serve such
area pursuant to section 3(b)(6)(B)(iii); and
``(II) that is--
``(aa) a public housing agency that administers a voucher
program;
``(bb) a State or local agency that has experience in
administering tenant-based assistance programs; or
``(cc) a nonprofit or for-profit agency that has experience
in administering tenant-based assistance programs.
``(iv) Selection process.--
``(I) Preference for certain public housing agencies.--The
Secretary may give preference in a competitive selection to a
public housing agency described in clause (iii)(II)(aa) over
other eligible administrators described in items (bb) and
(cc) of that clause (iii)(II), if the public housing agency--
``(aa) is a well-managed agency, based on objective
indicators, including a high rate of utilization of allocated
vouchers or contracted budget authority provided under this
section, and a high rate of compliance with eligibility and
rent determination requirements; and
``(bb) has demonstrated an ability to increase the number
of voucher holders residing in low poverty areas.
``(II) Selection criteria.--In selecting a metropolitan
administrator, the Secretary shall take into account--
``(aa) whether the entity has operated tenant-based
assistance programs in a manner that has not led to an
overconcentration of tenant-based subsidy holders in certain
areas;
``(bb) whether the entity has the administrative capacity
to administer the number of additional vouchers it is likely
to receive if it is selected as a metropolitan administrator
and to serve the geographic area served by agencies from
which vouchers are reallocated;
``(cc) the relative need for assistance under subsection
(o) of the eligible population not receiving housing
assistance in the area currently served by the entity; and
``(dd) any other criteria for choosing a metropolitan
administrator that the Secretary determines to be
appropriate.
``(C) Nonmetropolitan area.--
``(i) In general.--If vouchers are reallocated pursuant to
this subsection from a public housing agency that is located
in a nonmetropolitan area, the Secretary shall reallocate
such authority to a public housing agency or other eligible
administrator as specified in subparagraph (B)(iii). The
Secretary may designate an entity to receive vouchers
reallocated from all or a portion of the nonmetropolitan area
in a State.
``(ii) Selection.--In selecting an entity to receive
vouchers reallocated from a nonmetropolitan area, the
Secretary shall utilize the preferences and criteria in
subparagraph (B)(iv), and shall consider the relative
administrative costs likely to be incurred to serve families
that reside in the geographic area of the agency from which
the vouchers were reallocated.
``(D) Designation of a new administrator.--If, at any time,
the Secretary determines that the criteria established under
this paragraph for a metropolitan or nonmetropolitan
administrator are not met, the Secretary shall designate
another administrator.
``(E) Additional vouchers.--The Secretary shall ensure that
certain criteria or benchmarks regarding voucher success
rates and concentration of voucher holders are met each year
before providing an administrator with additional vouchers.
``(F) Lack of eligible families.--If the Secretary
determines that the primary cause of voucher underutilization
by a public housing agency under paragraph (2)(A) is a lack
of eligible families in the area of operation of the public
housing agency, the Secretary may establish criteria and
procedures to reallocate vouchers from that agency to another
public housing agency or another metropolitan or
nonmetropolitan administrator outside of the area of
operation of the public housing agency. First priority for
vouchers reallocated under this subparagraph shall be given
to an entity that has previously voluntarily relinquished to
the Secretary a portion of its allocated voucher budget
authority and has subsequently demonstrated a need for, and
an ability to use, such budget authority under criteria
established by the Secretary. Second priority shall be given
to an entity that serves a jurisdiction in the same State as
the agency from which vouchers are being reallocated.
``(4) Special populations.--Vouchers that have been
designated by the Secretary to be used by special populations
shall--
``(A) retain such designation on reallocation; and
``(B) be reallocated, if there is an eligible applicant
within the State or area that has experience administering a
voucher program for a special population, in accordance with
paragraphs (2) and (3).
``(5) Prompt reallocation.--Within 60 days of reducing a
public housing agency's allocation of vouchers pursuant to
paragraph (2) in an area for which the Secretary has
designated an administrator to receive vouchers reallocated
pursuant to this subsection, the Secretary shall enter into a
contract with the designated administrator for the
reallocated vouchers.''.
(b) Rules of the Secretary.--The Secretary shall promulgate
rules to carry out this section not later than 6 months after
the date of enactment of this Act.
SEC. 203. DISPOSITION OF HUD-HELD AND HUD-OWNED MULTIFAMILY
PROJECTS.
Notwithstanding any other provision of law, the Secretary
of Housing and Urban Development shall maintain any rental
assistance payments attached to any dwelling units under
section 8 of the United States Housing Act of 1937 for all
multifamily properties owned by the Secretary and multifamily
properties held by the Secretary for purposes of management
and disposition of such properties. To the extent, the
Secretary determines that a multifamily property owned by the
Secretary or held by the Secretary is not feasible for
continued rental assistance payments under section 8, the
Secretary may, in consultation with the tenants of that
property, contract for project-based rental assistance
payments with an owner or owners of other existing housing
properties.
TITLE III--PUBLIC HOUSING LOAN GUARANTEE PROGRAM
SEC. 301. PUBLIC HOUSING LOAN GUARANTEE PROGRAM.
(a) Section 9 of the United States Housing Act of 1937 is
amended by inserting at the end the following new subsection:
``(o) Loan Guarantee Development Funding.--(1) In order to
facilitate the financing of the rehabilitation and
development needs of public housing, the Secretary is
authorized, upon such terms and conditions as the Secretary
may prescribe, to guarantee and make commitments to
guarantee, only to the extent or in such amounts as the
provided in appropriations Acts, loans or other financial
obligations entered between financial institutions and public
housing agencies, for the purpose of financing the
rehabilitation of a portion of public housing or the
development off-site of public housing in mixed income
developments (including demolition costs of the public
housing units to be replaced), provided that the number of
public housing units developed off-site replaces no less than
an equal number of on-site public housing units in a project.
Loans or other obligations guaranteed pursuant to this
subsection shall be in such form and denominations, have such
maturities, and be subject to such conditions as may be
prescribed by regulations issued by the Secretary.
``(2) Subject to the availability of appropriated funds,
the Secretary may not object to making a loan guarantee under
this subsection unless the rehabilitation or replacement
housing proposed by a public housing agency is inconsistent
with its Public Housing Agency Plan, as submitted under
section 5A, or the proposed terms of the guaranteed loan
constitutes an unacceptable financial risk to the public
housing agency or for repayment of the loan under this
subsection.
``(3) Notwithstanding any other provision of this title,
funding allocated to a public housing agency under
subsections (d)(2) and (e)(2) of this section for the capital
and operating funds are authorized for use in the payment of
the principal and interest due (including such servicing,
underwriting or other costs as may be specified in the
regulations of the secretary) on the loans or other
obligations guaranteed pursuant to this subsection.
``(4) The amount of any loan or other obligation guaranteed
under this subsection shall not exceed in total the pro-rata
amount of funds that would be allocated over a period not to
exceed 30 years under subsections
[[Page S8926]]
(d)(2) and (e)(2) of this section on a per unit basis as a
percentage of the number of units that are designated to be
rehabilitated or replaced under this subsection by a public
housing agency as compared to the total number of units in
the public housing development, as determined on the basis of
funds made available under such subsections (d)(2) and (e)(2)
in the previous year. Any reduction in the total amount of
funds provided to a public housing agency under this section
in subsequent years shall not reduce the amount of funds to
be paid under a loan guaranteed under this subsection but
instead shall reduce the capital and operating funds which
are available for the other housing units in the public
housing development in that fiscal year. Any additional
income, including the receipt of rental income from tenants,
generated by the rehabilitated or replaced units may be used
to establish a loan loss reserve for the public housing
agency to assist in the repayment of the guaranteed loans or
other obligations under this subsection or to address any
shortfall in the operating or capital needs of the public
housing agency in any fiscal year. The Secretary may require
the payment of guaranteed loan premiums by a public housing
agency to support the creation of a loan loss reserve account
within the Department of Housing and Urban Development to
minimize the risk of loss associated with the repayment of
these guaranteed loans.
``(5) Subject to appropriations, the Secretary may use
funds from the Public Housing Capital Fund to (A) establish a
loan loss reserve account within the Department of Housing
and Urban Development to minimize the risk of loss associated
with the repayment of guaranteed loans made under this
subsection, or (B) make grants to a public housing agency for
capital investment needs or for the creation of a loan loss
reserve account to be used in conjunction with a loan
guarantee made under this subsection for the rehabilitation
of a portion of public housing or the development off-site of
public housing in mixed income developments (including
demolition costs of the public housing units to be replaced).
``(6) To assure the repayment of loans or other obligations
and charges incurred under this subsection and as a condition
for receiving such guarantees, the Secretary shall require
the public housing agency to enter into a contract, in a form
acceptable to the Secretary, for the repayment of notes or
other obligations guaranteed under this subsection and
furnish, at the discretion of the Secretary, such security as
may be deemed appropriate by the Secretary in making such
guarantees.
``(7) The full faith and credit of the United States is
pledged to the payment of all guarantees under this
subsection. Any such guarantee made by the Secretary shall be
conclusive evidence of the eligibility of the obligations for
such guarantee with respect to principal and interest, and
the validity of such guarantee so made shall be incontestable
in the hand of the holder of the guaranteed obligations.
``(8) The Secretary may, to the extent approved in
appropriations Acts, assist in the payment of all or a
portion of the principal and interest amount due under the
note or other obligation guaranteed under this subsection, if
the Secretary determines that the public housing agency is
unable to pay the amount it owes because of circumstances of
extreme hardship beyond the control of the public housing
agency.''.
(b) Effective Date.--
(1) In general.--This section and the amendments made by
this section shall take effect upon the date of enactment of
this Act.
(2) Rules.--The Secretary shall promulgate rules, as may be
necessary, to carry out section 8(o)(13) of the United States
Housing Act of 1937, as amended by this Act, and shall
publish--
(A) either proposed rules or interim rules not later than 6
months after the date of enactment of this Act; and
(B) final rules not later than 1 year after the date of
enactment of this Act.
______
By Mr. SARBANES (for himself, Mr. Jeffords, and Mr. Sessions):
S. 2968. A bill to amend the American Battlefield Protection act of
1996 to authorize the Secretary of the Interior to establish a
battlefield acquisition grant program; to the Committee on Energy and
Natural Resources.
Mr. SARBANES. Madam President, today I am introducing legislation,
together with my colleagues Senator Jeffords and Senator Sessions,
which will help preserve significant sites associated with the Civil
War. A similar companion bill has been introduced and has bipartisan
support in the House of Representatives.
According to the Report on the Nation's Civil War Battlefields,
prepared by the Civil War Sites Advisory Commission, CWSAC, in July,
1993, of the 384 principal Civil War battlefields, less than 20 percent
have been protected for posterity and 60 percent have been lost or are
in imminent danger of being fragmented by development and lost as
coherent historic sites. To adequately address this problem, CWSAC
recommended a federal investment of $10 million a year for seven years
with a one-to-one Federal/non-Federal match.
While Congress has yet to fund Civil War battlefield preservation at
the levels recommended in the 1993 report, in recent years it has taken
important steps to preserve our Civil War heritage. In Fiscal Years
1999 and 2002, the Congress appropriated a total of $19 million in
matching grants for battlefield protection. Thus far, these grants have
preserved over 7,000 acres of key Civil War battlefields in 11 States.
The legislation I am introducing today seeks to build upon these
successes by directing the Secretary of the Interior to establish the
Civil War Battlefield Acquisition Grant Program. The bill authorizes
Civil War battlefield acquisition matching grants of $10 million per
year for Fiscal Years 2004 through 2008. The legislation requires a
non-Federal share of at least 50 percent, thus leveraging $20 million
annually. State and local governments and non-profit organizations will
be eligible to receive grants under the program. All lands acquired by
these grants must be identified in the 1993 report and may only be
purchased from landowners who voluntarily sell their interests.
The legislation also directs the Secretary to update the Report on
the Nation's Civil War Battlefields to reflect the activities carried
out on the battlefields during the period between original publication
of the report and the time of the update, including any changes or
relevant developments relating to the battlefields during that period.
In my view, this legislation represents an important opportunity to
maintain and preserve tangible links to our past so that future
generations may experience firsthand this most critical period in our
nation's history.
I ask unanimous consent that the text of the bill be printed in the
Record. I urge my colleagues to join with me in supporting this
important legislation.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2968
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 ``Civil War Battlefield
Preservation Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Civil War battlefields provide a means for the people
of the United States to understand a tragic period in the
history of the United States; and
(2) according to the Report on the Nation's Civil War
Battlefields, prepared by the Civil War Sites Advisory
Commission, and dated July 1993, of the 384 principal Civil
War battlefields--
(A) almost 20 percent are lost or fragmented;
(B) 17 percent are in poor condition; and
(C) 60 percent--
(i) have been lost; or
(ii) are in imminent danger of being--
(I) fragmented by development; and
(II) lost as coherent historic sites.
(b) Purposes.--The purposes of this Act are--
(1) to act quickly and proactively to preserve and protect
nationally significant Civil War battlefields through
conservation easements and fee-simple purchases of those
battlefields from willing sellers; and
(2) to create partnerships among State and local
governments, regional entities, and the private sector to
preserve, conserve, and enhance nationally significant Civil
War battlefields.
SEC. 3. BATTLEFIELD ACQUISITION GRANT PROGRAM.
The American Battlefield Protection Act of 1996 (16 U.S.C.
469k) is amended--
(1) by redesignating subsection (d) as paragraph (3) of
subsection (c), and indenting appropriately;
(2) in paragraph (3) of subsection (c) (as redesignated by
paragraph (1))--
(A) by striking ``Appropriations'' and inserting
``appropriations''; and
(B) by striking ``section'' and inserting ``subsection'';
(3) by inserting after subsection (c) the following:
``(d) Battlefield Acquisition Grant Program.--
``(1) Definitions.--In this subsection:
``(A) Battlefield report.--The term `Battlefield Report'
means the document entitled `Report on the Nation's Civil War
Battlefields', prepared by the Civil War Sites Advisory
Commission, and dated July 1993.
``(B) Eligible entity.--The term `eligible entity' means a
State or local government.
``(C) Eligible site.--The term `eligible site' means a
site--
``(i) that is not within the exterior boundaries of a unit
of the National Park System; and
[[Page S8927]]
``(ii) that is identified in the Battlefield Report.
``(D) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the American Battlefield
Protection Program.
``(2) Establishment.--The Secretary shall establish a
battlefield acquisition grant program under which the
Secretary may provide grants to eligible entities to pay the
Federal share of the cost of acquiring interests in eligible
sites for the preservation and protection of those eligible
sites.
``(3) Nonprofit partners.--An eligible entity may acquire
an interest in an eligible site using a grant under this
subsection in partnership with a nonprofit organization.
``(4) Non-federal share.--The non-Federal share of the
total cost of acquiring an interest in an eligible site under
this subsection shall be not less than 50 percent.
``(5) Limitation on land use.--An interest in an eligible
site acquired under this subsection shall be subject to
section 6(f)(3) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-8(f)(3)).
``(6) Reports.--
``(A) In general.--Not later than 5 years after the date of
enactment of this subparagraph, the Secretary shall submit to
Congress a report on the activities carried out under this
subsection.
``(B) Update of battlefield report.--Not later than 2 years
after the date of enactment of this subsection, the Secretary
shall submit to Congress a report that updates the
Battlefield Report to reflect--
``(i) preservation activities carried out at the 384
battlefields during the period between publication of the
Battlefield Report and the update;
``(ii) changes in the condition of the battlefields during
that period; and
``(iii) any other relevant developments relating to the
battlefields during that period.
``(7) Authorization of appropriations.--
``(A) In general.--There is authorized to be appropriated
to the Secretary from the Land and Water Conservation Fund to
provide grants under this subsection $10,000,000 for each of
fiscal years 2004 through 2008.
``(B) Update of battlefield report.--There is authorized to
be appropriated to the Secretary to carry out paragraph
(6)(B) $500,000.''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``as of'' and all that
follows through the period and inserting ``on September 30,
2008.''; and
(B) in paragraph (2), by inserting ``and provide
battlefields acquisition grants'' after ``studies''.
______
By Mr. FEINGOLD:
S. 2970. A bill to amend the XVIII of the Social Security act to
assure fair and adequate payment for high-risk medicare beneficiaries
and to establish payment incentives and to evaluate clinical methods
for assuring quality services to people with serious and disabling
chronic conditions; to the Committee on Finance.
Mr. FEINGOLD. Madam President, I rise today to introduce the
Promoting Care for the Frail Elderly Act of 2002, which is of critical
importance to the most vulnerable Medicare beneficiaries, disabled
seniors and those with complex medical conditions.
A number of States have successfully chosen to serve seniors and the
disabled by combining Medicare and Medicaid services through a waiver
approved by the Department of Health and Human Services that integrates
services under Medicare and Medicaid capitated financing arrangements.
These programs provide beneficiaries with a comprehensive benefit
package that combines the services traditionally provided by Medicare,
Medicaid, and home and community based wavier programs.
In my home State of Wisconsin, the Wisconsin Partnership Program,
WPP, is one such success, a community-based program that has improved
the quality, access, and cost-effectiveness of the care delivered to
its beneficiaries. Perhaps most important to the beneficiaries, these
programs help the disabled and the frail elderly remain in their own
community, and avoid institutionalized care. Wisconsin is lucky to have
four such programs across our State: Elder Care and Community Living
Alliance of Dane County, Community Care for the Elderly of Milwaukee
County, and Community Health Partnership of Eau Claire, Dunn, and
Chippewa Counties.
In order to qualify for these programs, a person must be Medicaid-
eligible, have physical disabilities or frailties of aging, and require
a level of care provided by nursing homes. Through programs such as the
Wisconsin Partnership Program, these frail elderly and disabled
beneficiaries are able to receive quality preventive care up front,
which allows more beneficiaries to stay in their communities and
reduces the rate of hospitalization.
In Wisconsin, about 26 percent of all Medicaid recipients age 65 or
older are in nursing homes. This rate drops dramatically for those
enrolled in the Wisconsin Partnership Program, where only 5.9 percent
of recipients age 65 or older are in nursing homes.
While the Wisconsin Partnership Program is a success, we must ensure
that the Federal Government continues to support these State-based
solutions to our long-term care needs and other specialty managed care
programs that focus on frail, chronically-ill seniors. The current
formula used to cover those enrolled in Medicare managed care programs
overpays for healthy beneficiaries and underpays for the frail elderly
and disabled. This payment method creates a backwards incentive for
plans to avoid serving the most vulnerable segment of the Medicare
population, the very seniors who could benefit most from program such
as the Wisconsin Partnership Program.
While a number of steps have been taken to improve these payment
methods over the past four years, we must ensure that they meet the
needs of Medicare beneficiaries with complex care needs.
This legislation will help develop an appropriate incentive for
specialty managed care programs serving a disproportionate number of
frail, medically complex beneficiaries. My legislation will take
several steps toward meeting this goal. First it will require the
Center for Medicare and Medicaid Services to evaluate alternative risk
adjustment methods that account for the higher costs borne by plans
with a disproportionate number of high cost beneficiaries.
During this study, it will also implement the recommendations of the
Medicare Payment Advisory Commission by permitting these plans that
currently operate under demonstration authority to maintain existing
payment formulas until the Secretary devises a risk adjustment method
that pays adequately for high risk enrollees. At the same time, it
would also direct MedPAC to evaluate appropriate methods to adjust
payment rates based on the makeup of the beneficiaries.
Finally, my legislation would also authorize the Secretary to conduct
a demonstration to enhance care and improve outcomes for frail,
vulnerable Medicare beneficiaries.
I would also like to make clear that this legislation uses existing
funds to pay for these initiatives, and is thus budget neutral. It
authorizes the demonstration program within existing dollars and would
also provide additional funding for the frailty adjustment with
existing Medicare+Choice dollars.
Fundamental long-term care reform is vital to any health care reform
that Congress may consider. As part of these reforms, we must support
state and local efforts to encourage care for the most vulnerable
populations. We must provide our seniors and disabled with real
choices. They are entitled to the opportunity to continue to live in
the homes and communities that they helped build and sustain. I urge my
colleagues to support this measure that will help provide a measure of
support for the most frail elderly and disabled to allow them to stay
in their own homes.
______
By Mr. BINGAMAN:
S. 2971. A bill to amend the Transportation Equity Act for the 21st
Century to provide the Highway Trust Fund additional funding for Indian
reservation roads, and for other purposes; to the Committee on Indian
Affairs.
Mr. BINGAMAN. Mr. President, I am very pleased today to introduce the
Tribal Transportation Program Improvement Act of 2002. The goal of this
legislation is to help provide safe and efficient transportation
throughout Indian country. At the same time, this bill will help
promote economic development, self-determination, and employment of
Indians and Alaska Natives. I believe the Federal Government has an
obligation to provide safe and efficient transportation for all tribes.
Indians pay the same Federal gasoline, tire, and other taxes, as all
other Americans and are entitled to the same quality of transportation.
This bill is a 6-year reauthorization and improvement of the Indian
Reservation Roads program, which funds transportation programs for all
tribes. Next year, Congress must reauthorize
[[Page S8928]]
the IRR program, along with all other transportation programs in TEA-
21. I am introducing the bill today as a first step in that process.
Congress has long recognized the importance of improving
transportation and access to tribal lands. The Indian Reservation Roads
Program was established in 1928, and in 1946 the BIA and the FHWA
executed the first memorandum of agreement for joint administration of
the program. Since 1982, funding for tribal transportation programs as
been provided from the Federal Highway Trust Fund. Major changes to the
program were again made in 1998 as part of TEA-21.
Today, the Indian Reservation Roads program serves more than 560
federally recognized Indian tribes and Alaskan native villages in 33
States. The IRR system comprises 25,700 miles of BIA and tribally owned
roads and another 25,600 miles of State, county, and local government
public roads. There are also 4,115 bridges on the IRR system, and one
ferryboat operation, the Inchelium-Gifford Ferry in Washington State.
Of the 25,700 miles of BIA and tribal roads on the IRR system, only
about one quarter are paved. Only about 40 percent of the 25,600 miles
of state, county, or local government IRR roads are paved. Together,
over two-thirds of all IRR roads are unpaved. Many of these unpaved
roads are not passable in bad weather. In addition, about 140 of the
753 bridges owned by the BIA are currently rated as deficient.
Some of the roads on tribal lands resemble roads in third-world
countries. In some cases, the roads are little more than wheel tracks.
Even though the IRR system perhaps the most rudimentary of any
transportation network in the country, over 2 billion vehicle miles are
annually traveled on the system.
According to the Federal Highway Administration's most recent
assessment of the Nation's highways, bridges, and transit, only 34
percent of paved IRR roads are rated in good condition, 37 percent are
rated only fair, and 29 percent are rated poor. Of course, these
ratings apply only to the paved roads on the IRR system, not the 33,000
miles of dirt and gravel roads.
The poor road quality also has a serious impact on highway safety.
According to FHWA, the highway fatality rate on Indian Reservation
Roads is four times above the national average. Automobile accidents
are the number one cause of death among young American Indians.
Reflecting the current poor state of roads throughout the Indian
country, FHWA now estimates the backlog of improvement needs for IRR
roads at a whopping $6.8 billion dollars.
This year, the authorized funding level for IRR is $275 million from
the highway trust fund. As required in TEA-21, the BIA distributes
highway funding to federally recognized tribes each year using a
relative need formula. This formula reflects the cost to improve
eligible roads, road usage, and population of each tribe. Some
modifications to the formula are currently being made as part of a
negotiated rule making.
I hope all Senators recognize the broad scope of the IRR program and
its impact on 33 of the 50 States. I'd like to read a list of the
fiscal year 2002 distribution of IRR funding in the States that have
tribal roads and ask unanimous consent that the table be printed in the
Record.
There being no objection, the table was ordered to be printed in the
Record, as follows:
EXHIBIT 1.--APPROXIMATE DISTRIBUTION OF FISCAL YEAR 2002 INDIAN
RESERVATION ROAD FUNDING
------------------------------------------------------------------------
Funding to
State tribes
------------------------------------------------------------------------
Arizona................................................. $56,100,000
Oklahoma................................................ 34,000,000
New Mexico.............................................. 31,900,000
Alaska.................................................. 18,500,000
Montana................................................. 13,600,000
South Dakota............................................ 11,700,000
Washington.............................................. 10,100,000
Wisconsin............................................... 6,600,000
North Dakota............................................ 6,500,000
Minnesota............................................... 5,780,000
California.............................................. 5,100,000
Oregon.................................................. 3,900,000
Utah.................................................... 2,970,000
Idaho................................................... 2,850,000
Wyoming................................................. 2,070,000
Michigan................................................ 1,560,000
Nevada.................................................. 1,290,000
North Carolina.......................................... 1,190,000
Colorado................................................ 1,100,000
New York................................................ 949,000
Maine................................................... 890,000
Kansas.................................................. 851,000
Mississippi............................................. 706,000
Nebraska................................................ 626,000
Florida................................................. 550,000
Texas................................................... 220,000
Louisiana............................................... 197,000
Rhode Island............................................ 162,000
Iowa.................................................... 126,000
Alabama................................................. 100,000
South Carolina.......................................... 89,000
Connecticut............................................. 83,000
Massachusetts........................................... 47,000
------------------------------------------------------------------------
Source: BIA. Data are approximate because some reservations and roads
extend into more than one state.
I know every senator is keenly aware of the importance of
transportation to the basic quality of life and economic development of
a region. Safe roads are essential for children to get to school, for
sick and elderly to receive basic health and medical treatment, and for
food and other necessities to move to shops and to consumers. Moreover,
transportation is critical to any community's efforts to sustain robust
economies and to attract new jobs and businesses.
Unfortunately, most tribes today lack the basic road systems that
most of us take for granted. Indian communities continue to lag behind
the rest of the Nation in quality of life and economic vitality.
Unemployment rates in Indian country frequently top 50 percent and
poverty rates often exceed 40 percent.
The limited availability of housing and jobs on the reservation
forces people to commute long distances everyday for work, school,
health care, basic government services, shopping, or even to obtain
drinking water.
I'd now like to take a moment to discuss the impact of the Indian
Reservation Roads Program on just one tribe, the Navajo Nation. I think
most senators know that Navajo is the largest federally recognized
Indian tribe. The current membership is about 280,000. By itself,
Navajo represents about one quarter of the entire Indian Reservation
Roads program.
The Navajo Reservation covers 17.1 million acres in the States of
Arizona, New Mexico, and Utah. It is roughly the size of the State of
West Virginia. The reservation includes the three satellite communities
of Alamo, Ramah, and To'hajiilee in New Mexico.
According to BIA, the Navajo IRR system includes 9,800 miles of
public roads, or about 20 percent of all IRR roads. However, 78 percent
of the roads within Navajo are unpaved. Because of the nature of the
soil and terrain, many of the unpaved roads are impassable after snow
or rain. Navajo estimates a current backlog of road construction
projects totaling $2 billion.
The safety of bridges is also a continuing concern on the Navajo
reservation. Of the 173 bridges on Navajo, 51 are rated deficient. Of
the deficient bridges, 27 must be completely replaced and the rest need
major rehabilitation.
The Navajo Nation also operates a transit system with 14 buses and
three vans. The system carries 75,000 passengers each year. The system
serves both Navajo people as well as the nearby communities of Gallup,
Farmington, Flagstaff, and Winslow.
Finally, the few roads that are being built on the Navajo Reservation
are not being properly maintained. Funding for road maintenance is not
part of the IRR program. Instead road maintenance is funded each year
as part of the BIA's annual appropriation bill. Unfortunately, BIA's
budget lags woefully behind the need for road maintenance. Each year
the Navajo Region of BIA requests about $32 million to maintain about
6000 miles of roads, but receives only about $6 million, or about 20
percent of the funds needed just to maintain the existing roads.
The bill I am introducing today will begin to address this crushing
need for road construction and transit programs throughout Indian
Country. The bill will benefit all tribes, both large and small. I'd
like to briefly summarize the major provisions of the bill.
First, the bill increases funding for the Indian Reservation Roads
program to $2.775 billion for the six years from 2004 to 2009. Under
TEA-21, the IRR program is currently authorized for $275 million per
year. This level represents less than 1 percent of annual Federal
funding for road construction and rehabilitation. However, the 50,000
miles of the IRR system represent about 5 percent of the nation's
957,000 miles of Federal-aid-highways. I do believe the substantial
increase in IRR funding in my bill is fully justified based on the very
poor condition of so many IRR roads as well as the importance of
transportation to economic development in Indian country.
[[Page S8929]]
Second, the bill removes the obligation limitation from the Indian
Reservation Roads program. This funding limitation was first applied to
the IRR program in 1998 in TEA-21, and over the six years of TEA-21 the
limitation will have cut about $31 million per year in much-needed
funding out of IRR. The IRR was not subject to any obligation
limitation from 1983 to 1997, and my bill restores the program to the
status it had before 1998.
Third, the bill restores the Indian Reservation Bridge Program with
separate funding of $90 million over six years. TEA-21 had eliminated
separate funding for the Indian reservation bridge program in 1998. In
addition, the bill streamlines the bridge program by expanding the
allowable uses of bridge funding to include planning, design,
engineering, construction, and inspection of Indian reservation road
bridges.
Fourth, the bill increases the current limit for tribal
transportation planning from 2 percent to 4 percent. These funds will
be used by tribes to compile important transportation data and to
forecast their future transportation needs and long-range plans. Many
of the tribes have indicated they currently don't have funding for
capacity building, and the additional planning funds in my bill would
address this need.
Fifth, TEA-21 established a negotiated rule making for distribution
of funds based on the relative needs of each tribe for transportation.
To ensure the distribution is tied to actual needs, my bill requires
the Secretary of Transportation to verify the existence of all roads
that are part of the Indian reservation road system.
Sixth, I propose a new tribal transit program to provide direct
funding to tribes from the Federal Transit Administration. The new
program would parallel the existing Indian Reservation Roads program
funded through FHWA. In general, while States may allocate to tribal
areas some of their transit funding under the existing formula grant
programs for transit for elderly and disabled, section 5210, and for
non-urbanized areas, section 5311, they rarely do so. Because the
tribes are at a disadvantage in having to compete for funding within
the states, I believe we need a direct funding program to allow tribes
to provide better transit services to young people, elderly, and others
who lack access to private vehicles. The bill sets aside a very modest
level of funding of $120 million over six years for the new tribal
transit program.
Seventh, the bill states the sense of Congress that the BIA should
have sufficient funding to maintain all roads on the Indian Reservation
Roads System. Federal funding for road maintenance is provided through
the BIA's annual appropriation bill. Road maintenance has typically
been funded at about $25 million per year, about one-fifth of the level
needed to protect the Federal investment in IRR roads.
Finally, the bill increases funding for the successful school bus
route maintenance program for counties in Arizona, New Mexico, and Utah
that maintain roads used by school buses on the Navajo Reservation. The
funding over six years is $24 million. Without this funding many of the
children on the reservation would often not be able to get to school. I
ask unanimous consent that a letter from Gallup McKinley County Public
Schools describing this program be printed in the Record.
There being no objection, the letter was ordered to be printed in the
Record, as follows:
Gallup McKinley County
Public Schools,
Gallup, NM.
Hon. Jeff Bingaman,
U.S. Senate,
Washington, DC.
Dear Senator Bingaman: The Gallup McKinley County Schools
serve over 14 thousand students, of which 10,040 are bussed
daily. Our District's school buses travel 9,235 miles daily.
Several miles of these roads are primitive dirt roads with
poor or no drainage, no guard rails, and some not maintained.
The inability to safely negotiate school buses over these
roads during wet, muddy and snowy conditions, greatly
restricts our ability to provide adequate services for
families living along these particular roadways. Continuing,
and expanding, funding for school bus route maintenance is
vital to providing safe and efficient transportation for
thousands of students throughout our County.
The School bus route maintenance programs have helped
tremendously. Our County Roads Division (McKinley County) has
been tremendous in maintaining hundreds of miles of bus route
roads. The bus route improvements made in the Bread Springs
area have benefited families immensely. Along with graveling,
they constructed a bus turnaround. Improvements have also
been made and maintained in other areas in our County such as
Rock Springs. This bus route was graveled along with a
graveled bus turnaround. In Rock Springs, Mexican Springs,
Coyote Canyon, and County Road 1 areas, similar improvements
were made, allowing us to provide safe and efficient services
for hundreds of families.
The School bus route program is a very important program,
one that should continue and expand. The McKinley County
Roads Division has worked diligently to provide safe access
and passage for our School District's 160 school buses.
Without the school bus route program, it will be impossible
to maintain safe conditions on these roads. To insure the
safety of our school children and families, the program must
continue.
Your help in sponsoring bills in the past which address the
unique situations with respect to school bus route roads have
been greatly appreciated. Your continuing support of the
school bus route program will enable our County Roads
Division to improve and maintain hundreds of miles of school
bus routes.
It is through these cooperative efforts that we are able to
provide safe and efficient transportation for thousands of
school children daily. Thank you for your continued efforts.
Sincerely,
Ben Chavez,
GMCS Support Services.
Mr. BINGAMAN. The IRR system doesn't just serve Indian communities,
but also visitors, including tourists, recreational, commercial and
industrial users of roads and transit throughout Indian country. For
the tribes, transportation is an important contributor to economic
development, self-determination, and employment for all Indian
communities. This bill represents a very modest, but important step
toward providing basic transportation services throughout Indian
country.
The proposals in my bill are similar to many of the recommendations
presented by Chairwoman Robyn Burdette of the Summit Lake Paiute Tribe
of Nevada at the August 8 hearing of the Subcommittee on
Transportation, Infrastructure, and Nuclear Safety of the Environment
and Public Works Committee. In her testimony, Chairwoman Burdette
specifically cited the need to remove the obligation limitation,
increase funding for the IRR program, create new programs for transit
and bridges, and increase funding for road maintenance in the Interior
appropriations bill. All of these items are addressed in my bill.
In addition, my bill parallels most of the recommendations in the
recent White Paper prepared by the National Congress of American
Indians' TEA-21 Reauthorization Task Force.
I well appreciate that tribes in different regions of the country may
have different views and proposals on how best to improve Indian
transportation programs. I see my bill as just the first step in a
yearlong process leading up to the reauthorization of the TEA-21. I do
believe it is important that we start the process as soon as possible,
and that is my goal in introducing this bill today. I hope that
Chairman Inouye and Senator Campbell of the Committee on Indian Affairs
will soon hold hearings on the reauthorization of the Indian
Reservation Roads Program. I look forward to working with them an the
other members of the committee on developing a consensus proposal that
is fair to all tribes.
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. 2971
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 ``Tribal Transportation
Program Improvement Act of 2002''.
SEC. 2. INDIAN RESERVATION ROADS.
(a) Authorization of Appropriations.--Section 1101(a)(8)(A)
of the Transportation Equity Act for the 21st Century (112
Stat. 112) is amended by striking ``of such title'' and all
that follows and inserting ``of that title--
``(i) $225,000,000 for fiscal year 1998;
``(ii) $275,000,000 for each of fiscal years 1999 through
2003;
``(iii) $350,000,000 for fiscal year 2004;
``(iv) $425,000,000 for fiscal year 2005; and
``(v) $500,000,000 for each of fiscal years 2006 through
2009.''.
[[Page S8930]]
(b) Obligation Ceiling.--Section 1102(c)(1) of the
Transportation Equity Act for the 21st Century (23 U.S.C. 104
note; 112 Stat. 116) is amended--
(1) by striking ``distribute obligation'' and inserting the
following: ``distribute--
``(A) obligation'';
(2) by inserting ``and'' after the semicolon at the end;
and
(3) by adding at the end the following:
``(B) for any fiscal year after fiscal year 2003, any
amount of obligation authority made available for Indian
reservation road bridges under section 202(d)(4), and for
Indian reservation roads under section 204, of title 23,
United States Code;''.
(c) Additional Authorization of Contract Authority for
States With Indian Reservations.--Section 1214(d)(5)(A) of
the Transportation Equity Act for the 21st Century (23 U.S.C.
202 note; 112 Stat. 206) is amended by inserting before the
period at the end the following: ``, $3,000,000 for each of
fiscal years 2004 and 2005, $4,000,000 for each of fiscal
years 2006 and 2007, and $5,000,000 for each of fiscal years
2008 and 2009''.
(d) Indian Reservation Road Bridges.--Section 202(d)(4) of
title 23, United States Code, is amended--
(1) in subparagraph (B)--
(A) by striking ``(B) Reservation.--Of the amounts'' and
all that follows through ``to replace,'' and inserting the
following:
``(B) Funding.--
``(i) Reservation of funds.--Notwithstanding any other
provision of law, there is authorized to be appropriated from
the Highway Trust Fund $15,000,000 for each of fiscal years
2004 through 2009 to carry out planning, design, engineering,
construction, and inspection of projects to replace,''; and
(B) by adding at the end the following:
``(ii) Availability.--Funds made available to carry out
this subparagraph shall be available for obligation in the
same manner as if the funds were apportioned under chapter
1.''; and
(2) in subparagraph (D)--
(A) by striking ``(D) Approval requirement.--'' and
inserting the following:
``(D) Approval and need requirements.--''; and
(B) by striking ``only on approval of the plans,
specifications, and estimates by the Secretary.'' and
inserting ``only--
``(i) on approval by the Secretary of plans,
specifications, and estimates relating to the projects; and
``(ii) in amounts directly proportional to the actual need
of each Indian reservation, as determined by the Secretary
based on the number of deficient bridges on each reservation
and the projected cost of rehabilitation of those bridges.''.
(e) Fair and Equitable Distribution.--Section 202(d) of
title 23, United States Code, is amended by adding at the end
the following:
``(5) Fair and equitable distribution.--To ensure that the
distribution of funds to an Indian tribe under this
subsection is fair, equitable, and based on valid
transportation needs of the Indian tribe, the Secretary
shall--
``(A) verify the existence, as of the date of the
distribution, of all roads that are part of the Indian
reservation road system; and
``(B) distribute funds based only on those roads.''.
(f) Indian Reservation Roads Planning.--Section 204(j) of
title 23, United States Code, is amended in the first
sentence by striking ``2 percent'' and inserting ``4
percent''.
SEC. 3. INDIAN RESERVATION RURAL TRANSIT PROGRAM.
Section 5311 of title 49, United States Code, is amended by
adding at the end the following:
``(k) Indian Reservation Rural Transit Program.--
``(1) Definition of indian tribe.--In this subsection, the
term `Indian tribe' has the meaning given the term in section
4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).
``(2) Program.--
``(A) In general.--The Secretary of Transportation shall
establish and carry out a program to provide competitive
grants to Indian tribes to establish rural transit programs
on reservations or other land under the jurisdiction of the
Indian tribes.
``(B) Amount of grants.--The amount of a grant provided to
an Indian tribe under subparagraph (A) shall be based on the
need of the Indian tribe, as determined by the Secretary of
Transportation.
``(3) Funding.--Notwithstanding any other provision of law,
for each fiscal year, of the amount made available to carry
out this section under section 5338 for the fiscal year, the
Secretary of Transportation shall use $20,000,000 to carry
out this subsection.''.
SEC. 4. SENSE OF CONGRESS REGARDING INDIAN RESERVATION ROADS.
(a) Findings.--Congress finds that--
(1) the maintenance of roads on Indian reservations is a
responsibility of the Bureau of Indian Affairs;
(2) amounts made available by the Federal Government as of
the date of enactment of this Act for maintenance of roads on
Indian reservations under section 204(c) of title 23, United
States Code, comprise only 30 percent of the annual amount of
funding needed for maintenance of roads on Indian
reservations in the United States; and
(3) any amounts made available for construction of roads on
Indian reservations will be wasted if those roads are not
properly maintained.
(b) Sense of Congress.--It is the sense of Congress that
Congress should annually provide to the Bureau of Indian
Affairs such funding as is necessary to carry out all
maintenance of roads on Indian reservations in the United
States.
______
By Mrs. SNOWE (for herself and Ms. Collins):
S. 2972. A bill to amend the Magnuson-Stevens Fishery Conservation
and Management Act to provide for a cooperative research and management
program, and for other purposes; to the Committee on Commerce, Science,
and Transportation.
Ms. SNOWE. Madam President, I rise today to introduce a bill which
would help restore credibility in the National Oceanic and Atmospheric
Administration, NOAA, and the National Marine Fisheries Service's,
NMFS, data collection programs and improve their cooperative research
and management programs.
I am introducing this bill today because of recent events in New
England in which a commercial fisherman noticed that the trawl warps on
the NOAA research vessel, Albatross IV, were improperly marked. As a
result of this mis-calibration, the groundfish stock assessment data
gathered since February 2000 may be inaccurate and its usability for
management purposes is questionable. This fish-counting error could not
have come at a worse time for NMFS, which is under a federal judge's
order to impose some of New England's strictest fishing restrictions by
next August.
This revelation and the possibility of other discrepancies is
severely eroding the credibility of NMFS's stock assessments. These
stock assessments form the foundation for all of our fisheries
regulations and determine how many fish our fishermen can harvest. When
these stock assessments are flawed and lack credibility, the entire
process is adversely affected. We must act now to restore this
credibility in the process and ensure that our stock assessments are as
accurate as possible.
My bill would require the National Research Council to conduct an
independent review of NMFS' data collection techniques; its protocols
through which stock assessment equipment is calibrated, operated,
inspected, and maintained; the frequency and financial cost of these
quality control checks; how the accuracy and validity of data collected
with sampling equipment is verified; and how measurement error is
accounted for in stock assessment modeling and analysis based on these
data. The National Research Council completed a report on the Northeast
Fishery stock assessment process in 1998, so this new study would build
upon the previous one. This assessment will provide us with an
independent baseline to determine the extent of NMFS' data collection
discrepancies.
Additionally, my bill will require NMFS to implement a national
cooperative research program to facilitate industry involvement in data
collection and stock assessments. I have also included a section that
authorizes $3 million to enable cooperative comparative trawl research
between the NMFS and fishing industry participants in the Northeast
multi-species groundfish fishery. The fishing industry has been calling
for a commercial vessel to trawl alongside the NOAA's vessels and this
provision would require it. Nothing will help restore NMFS's
credibility more than having commercial fishermen verifying its data.
The third section of this bill would address a flexibility concern
for fisheries management. Earlier this year NMFS came out with new
biological targets for groundfish. In other words, NMFS increased how
many fish there have to be in order for the fishery to be considered
recovered. The law is not clear on whether or not a change in the
biological targets means the time-line for recovery changes as well.
NMFS has interpreted the law to mean that despite a change in the
biological targets, the fish must be recovered in the same amount of
time. Accordingly, I have drafted language which allows, but does not
require, the Secretary to adjust the time allowed for recovery if the
biological targets have changed in the middle of the rebuilding plan.
This provision would clarify existing law and make Congress' intent
clearer.
As Ranking Member of the Subcommittee on Oceans, Atmosphere, and
Fisheries, I am dedicated to ensuring that our stock assessments are as
accurate as possible and the process we use
[[Page S8931]]
is transparent to all the stakeholders. This bill will allow us to take
a critical step forward in ensuring that we can restore credibility and
faith in this important process. I urge my colleagues to join me and
support this bill.
I ask unanimous consent that the text of the bill be printed in the
Record.
S. 2972
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 ``Fisheries Research
Improvement Act''.
SEC. 2. INDEPENDENT PEER REVIEW OF DATA COLLECTION
PROCEDURES.
The Magnuson-Stevens Fishery Conservation and Management
Act is amended by adding at the end of Title IV the
following:
``SEC. 408. PEER REVIEW.
``The National Academy of Sciences shall review and
recommend measures for improving National Marine Fisheries
Service's procedures for ensuring data quality in the data
collection phase of the stock assessment program. In this
review, they shall address the quality control protocols
through which stock assessment equipment is calibrated,
operated, inspected, and maintained; the frequency and
financial cost of these quality control checks; how the
accuracy and validity of data collected with sampling
equipment is verified; and how measurement error is accounted
for in stock assessment modeling and analysis based on these
data. This review shall apply to all activities that affect
stock assessment data quality, whether conducted by the
National Marine Fisheries Service or by National Marine
Fisheries Service contractors.''.
SEC. 3. COOPERATIVE RESEARCH AND MANAGEMENT.
The Magnuson-Stevens Fishery Conservation and Management
Act is amended by adding at the end the following:
``TITLE V--COOPERATIVE RESEARCH AND MANAGEMENT
``SEC. 501. ESTABLISHMENT OF PROGRAM.
``(a) In General.--The Secretary shall establish a national
cooperative research and management program to be
administered by the National Marine Fisheries Service, based
on recommendations by the Councils. The program shall consist
of cooperative research and management activities between
fishing industry participants, the affected States, and the
Service.
``(b) Research Awards.--Each research project under this
program shall be awarded on a standard competitive basis
established by the Service, in consultation with the
Councils. Each Council shall establish a research steering
committee to carry out this subsection.
``(c) Guidelines.--The Secretary, in consultation with the
appropriate Council and the fishing industry, shall create
guidelines so that participants in this program are not
penalized for loss of catch history or unexpended days-at-sea
as part of a limited entry system.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to the National Marine
Fisheries Service, in addition to amounts otherwise
authorized by this Act, the following amounts, to remain
available until expended, for the conduct of this program:
``(1) $25,000,000 for fiscal year 2003.
``(2) $30,000,000 for fiscal year 2004.
``(3) $35,000,000 for fiscal year 2005.
``(4) $40,000,000 for fiscal year 2006.
``(5) $45,000,000 for fiscal year 2007.
``(e) New England Trawl Survey.--Of the funds authorized in
subsection (d) $3,000,000 shall be authorized for the purpose
of cooperative comparative trawl research between the
National Marine Fisheries Service and fishing industry
participants for the Northeast multispecies groundfish
fishery, which the Secretary shall design and administer with
input from fishing industry participants and other interested
stakeholders.''.
SEC. 4. REGULATORY FLEXIBILITY.
Section 304(e)(4)(A)(ii) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1854(e)(4)(A)(ii))
is amended to read as follows:
``(ii) not exceed 10 years, except in the case where a
rebuilding target is changed during the rebuilding period,
the Council or the Secretary may extend the time period for
the rebuilding to accommodate the new target;''.
______
By Mr. DOMENICI (for himself and Mr. Bingaman):
S. 2973. A bill to designate the Federal building located at Fifth
and Richardson Avenues in Roswell, New Mexico, as the ``Joe Skeen
Federal Building''; to the Committee on Environment and Public Works.
Mr. DOMENICI. Madam President, I rise today to introduce a bill to
rename the Federal courthouse in Roswell, New Mexico for my longtime
friend and ally, Representative Joe Skeen.
I have had the highest honor of serving the State of New Mexico with
this amazing man for more than 20 years. Joe was first elected to the
House of Representatives in 1980 as a write-in candidate. He is only
the third man in the history of this country to achieve this feat.
As great an accomplishment as this was, history will show that it was
among the least of his great achievements. As I'm sure you can imagine,
the litany of successes that Joe has had in his work for New Mexico is
much too long to go into here today. Suffice it to say that New Mexico
is infinitely better for having had Joe Skeen representing us in
Congress; this country is better for having had Joe participate in
making decisions that affect the entire nation.
Joe will be the first to tell you that he has not done it on his own,
however. He has had a partner in his great adventure who has walked
beside him every step of the way. Mary, his wife of 57 years, has been
a calming influence in the storm that is the life of a Congressman. She
has made it possible for Joe to continue to be a ranching
Representative, running the family ranch while Joe has served in
Washington.
Joe has decided that it is time to return to that ranch to spend time
with the family and the land that he loves so much. I know that
Washington will go on without the Skeens but there is no way that it
will be as a good a place.
It is only a small token of the appreciation New Mexico and this
country have for his many years of service, but I believe that renaming
the Federal Courthouse in Roswell, New Mexico is a fitting tribute to
this exceptional public servant.
I ask unanimous consent that the text of the bill be printed in the
Record.
S. 2973
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DESIGNATION.
The Federal building located at Fifth and Richardson
Avenues in Roswell, New Mexico, shall be known and designated
as the ``Joe Skeen Federal Building''.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper,
or other record of the United States to the Federal building
referred to in section 1 shall be deemed to be a reference to
the Joe Skeen Federal Building.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect on January 1, 2003.
______
By Mr. BOND (for himself, Mr. Dodd, Mr. Frist, and Mr. Kennedy):
S. 2980. A bill to revise and extend the Birth Defects Prevention Act
of 1998; to the Committee on Health, Education, Labor, and Pensions.
Mr. BOND. Madam President, I rise today to introduce the Birth
Defects and Developmental Disabilities Prevention Act of 2002. It is a
pleasure to work, once again, on this important issue with Senators
Dodd, Kennedy and Frist.
My interest in birth defects prevention began while I was Governor.
As Governor I had secured dollars to fund the neonate care units at our
hospitals in Missouri. These remarkable institutions and the dedicated
men and women who serve there do a tremendous job of saving low birth
weight babies and babies with severe birth defects.
As I visited those hospitals and held those tiny babies, the doctors
and nurses who staffed these units asked me, ``Why don't we do
something to reduce the incidents of birth defects and the problems
that bring the tiniest of infants to these very high-tech, specialized
care units.''
Since I became a Senator I have been working with colleagues on both
sides of the aisle and with the March of Dimes to deal with this
serious and compelling health problem facing America. Many people are
not aware that birth defects affect over 3 percent of all births in
America, and they are the leading cause of infant death.
This year alone, an estimated 150,000 babies will be born with a
birth defect. Among the babies who survive, birth defects often result
in lifelong disability. Medical care, special education, and many other
services are often required into adulthood, costing families thousands
of dollars each year.
In 1992, due to a terrible tradegy in Texas when at least 30 infants
were born without or with little brain tissue over a short period of
time, I introduced the Birth Defects Prevention Act.
Because at the time Texas did not have a birth defects surveillance
system, and because our country did not have a comprehensive birth
defects prevention and surveillance strategy, the severity of the
problem was not
[[Page S8932]]
recognized until the incidence of birth defects was so high that it was
difficult to miss.
In 1998, we passed the Birth Defects Prevention Act, which created a
federal birth defects prevention and surveillance strategy. That was
followed by the Children's Health Act of 2000, which established the
National Center on Birth Defects and Developmental Disabilities at CDC.
With these two important pieces of legislation Congress for the first
time recognized that birth defect and developmental disabilities are
major threats to children's health.
As a result, CDC, through eight regional Centers for Birth Defects
Research and Prevention are collaborating on the largest study on the
causes of birth defects ever undertaken, the National Birth Defects
Prevention Study. CDC is also assisting 28 States by providing 3-year
grants to improve their surveillance systems. We have come a long way
in the past 5 years toward preventing certain birth defects, but we
face many challenges ahead.
There is still much work to be done to improve the health of all
Americans by preventing birth defects and developmental disabilities in
children, promoting optimal child development and ensuring health and
wellness among child and adults living with disabilities.
Today, with the introduction of this bill we have the opportunity to
renew our commitment to birth defects prevention and to improve the
quality of life of those living with disabilities. I look forward to
working with my colleagues to ensure and enhance the well-being of our
Nation's children.
Mr. FRIST. Madam President, I am pleased to join Senators Bond and
Dodd in re-introducing the ``Birth Defects and Developmental
Disabilities Prevention Act of 2002''. This bill reauthorizes the
National Center on Birth Defects and Developmental Disabilities (NCBDD)
at the Centers for Disease Control and Prevention to promote optimal
fetal, infant, and child development and prevent birth defects and
childhood developmental disabilities.
Birth defects are the leading cause of infant mortality in the United
States, accounting for more than 20% of all infant deaths. Of the
150,000 babies born with a birth defect in the United States each year,
8000 will die during their first year of life. In addition, birth
defects are the fifth-leading cause of years of potential life lost and
contribute substantially to childhood morbidity and long-term
disability.
Congress passed the ``Birth Defects Prevention Act in 1998''--a bill
to assist States in developing, implementing, or expanding community-
based birth defects tracking systems, programs to prevent birth
defects, and activities to improve access to health services for
children with birth defects. The authorization for this important
legislation for this important legislation expires at the end of this
year, and the legislation we are introducing today will strengthen
those important programs.
In order to educate health professionals and the general public, this
legislation requires NCBDD to provide information on the incidence and
prevalence of individuals living with birth defects and disabilities,
any health disparities, experienced by such individuals, and
recommendations for improving the health and wellness and quality of
life of such individuals. The Clearinghouse will also contain a summary
of recommendations from all birth defects research conferences
sponsored by the agency including conferences related to spina bifida.
This legislation also clarifies advisory committees, already in
existence, that have expertise in birth defects, developmental
disabilities, and disabilities and health will be transferred to the
National Center for Birth Defects.
This piece of legislation also supports a National Spina Bifida
Program to prevent and reduce suffering from the nation's most common
permanently disabiling birth defect.
I ask that this piece of important legislation be reauthorized. I
want to thank my colleagues, Senators Bond, Dodd, and others, for the
introduction of this initial piece of legislation in 1998 and for their
continued initiatives on birth defects and developmental disabilities.
______
By Mr. VOINOVICH:
S. 2981. A bill to exclude certain wire rods from the scope of any
anti-dumping or countervailing duty order issued as a result of certain
investigations relating to carbon and certain alloy steel rods; to the
Committee on Finance.
Mr. VOINOVICH. 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. 2981
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXCLUSION OF CERTAIN WIRE RODS FROM ANTIDUMPING
AND COUNTERVAILING DUTY ORDERS.
(a) In General.--Notwithstanding any other provision of
law, any antidumping or countervailing duty order that is
issued as a result of antidumping investigations A-351-832,
A-122-840, A-428-832, A-560-815, A-201-830, A-841-805, A-274-
804, and A-823-812, or countervailing duty investigations C-
351-833, C-122-841, C-428-833, C-274-805, and C-489-809,
relating to carbon and certain alloy steel rods, shall not
include wire rods that meet the American Welding Society
ER70S-6 classification and are used to produce Mig Wire.
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
______
By Mr. CORZINE (for himself, Mr. Fitztgerald, Mr. Sarbanes, and
Mr. Akaka):
S. 2982. A bill to establish a grant program to enhance the financial
and retirement literacy of mid-life and older Americans and to reduce
financial abuse and fraud among such Americans, and for other purposes;
to the Committee on Health, Education, Labor, and Pensions.
Mr. CORZINE. Mr. President, I rise today with my colleagues, Senators
Fitzgerald, Sarbanes, and Akaka to introduce the Education for
Retirement Security Act of 2002. This bill will provide access to badly
needed financial and retirement education for millions of mid-life and
older Americans whose retirement security is at stake.
Improving financial literacy has been a top priority for me in
Congress. I believe it is a critical and complex task for Americans of
all ages, but it is especially crucial for Americans as they approach
retirement. In fact, low levels of savings and high levels of personal
and real estate debt are serious problems for many households nearing
retirement. Although today's older Americans are generally thought to
be doing well, nearly one-out-of five, 18 percent, were living below
125 percent of the poverty line in 1995, which was a year of tremendous
economic prosperity in our nation. And, only 53 percent of working
Americans have any form of pension coverage. In addition, financial
exploitation is the largest single category of abuse against older
individuals, and this population comprises more than one-half of all
telemarketing victims in the United States.
While education alone cannot solve our Nation's retirement woes,
financial education is vital to enabling individuals to avoid scams and
bad investment, mortgage, and pension decisions, and to ensuring that
they have access to the tools they need to make sound financial
decisions and prepare appropriately for a secure future. Indeed, the
more limited time frame that mid-life and older Americans have in which
to assess the realities of their individual circumstances, recover from
bad economic choices, and to benefit from more informed financial
practices make this education all the more critical. Financial literacy
is also particularly important for older women, who are more likely to
live in poverty and be dependent upon Social Security.
The Education for Retirement Security Act would create a competitive
grant program that would provide resources to State and area agencies
on aging and nonprofit community based organizations to provide
financial education programs to mid-life and older Americans. The goal
of these programs is to enhance these individuals' financial and
retirement knowledge and reduce their vulnerability to financial abuse
and fraud, including telemarketing, mortgage, and pension fraud.
My legislation also authorizes the creation of a national technical
assistance program that would designate at least one national nonprofit
organization that has substantial experience in
[[Page S8933]]
the field of financial education to provide training and make available
instructional materials and information that promotes financial
education.
Over the next thirty years, the percentage of Americans aged 65 and
older is expected to double, from 35 million to nearly 75 million.
Ensuring that these individuals are better prepared for retirement and
are more informed about the economic decisions they face during
retirement will have an important impact on the long term economic and
social well-being of our nation.
I hope that as the Senate moves to address pension reform, my
colleagues will work to address the issues outlined in this
legislation. The recent rash of corporate and accounting scandals and
the declining stock market have jeopardized the retirement savings of
millions of Americans, making the need for financial literacy even more
clear.
In closing, I would like to acknowledge the expertise and assistance
that AARP, the Older Women's League, OWL, and the Women's Institute for
a Secure Economic Retirement, WISER, offered to me in drafting this
legislation.
I also ask unanimous consent that the text of my legislation be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2982
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 ``Education for Retirement
Security Act of 2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Improving financial literacy is a critical and complex
task for Americans of all ages.
(2) Low levels of savings and high levels of personal and
real estate debt are serious problems for many households
nearing retirement.
(3) Only 53 percent of working Americans have any form of
pension coverage. Three out of four women aged 65 or over
receive no income from employer-provided pensions.
(4) The more limited timeframe that mid-life and older
individuals and families have to assess the realities of
their individual circumstances, to recover from counter-
productive choices and decisionmaking processes, and to
benefit from more informed financial practices, has immediate
impact and near term consequences for Americans nearing or of
retirement age.
(5) Research indicates that there are now 4 basic sources
of retirement income security. Those sources are social
security benefits, pensions and savings, healthcare insurance
coverage, and, for an increasing number of older individuals,
necessary earnings from working during one's ``retirement''
years.
(6) The $5,000,000,000,000 loss in stock market equity
values since 2000 has had a significantly negative effect on
mid-life and older individuals and on their pension plans and
retirement accounts, affecting both individuals with plans to
retire and those who are already in retirement.
(7) Although today's older individuals are generally
thought to be doing well, nearly \1/5\ (18 percent) of such
individuals were living below 125 percent of the poverty line
during a year of national prosperity, 1995.
(8) Over the next 30 years, the number of older individuals
in the United States is expected to double, from 35,000,000
to nearly 75,000,000, and long-term care costs are expected
to skyrocket.
(9) Financial exploitation is the largest single category
of abuse against older individuals and this population
comprises more than \1/2\ of all telemarketing victims in the
United States.
(10) The Federal Trade Commission (FTC) Identity Theft Data
Clearinghouse has reported that incidents of identity theft
targeting individuals over the age of 60 increased from 1,821
victims in 2000 to 5,802 victims in 2001, a threefold
increase.
SEC. 3. GRANT PROGRAM TO ENHANCE FINANCIAL AND RETIREMENT
LITERACY AND REDUCE FINANCIAL ABUSE AND FRAUD
AMONG MID-LIFE AND OLDER AMERICANS.
(a) Authority.--The Secretary is authorized to award grants
to eligible entities to provide financial education programs
to mid-life and older individuals who reside in local
communities in order to--
(1) enhance financial and retirement knowledge among such
individuals; and
(2) reduce financial abuse and fraud, including
telemarketing, mortgage, and pension fraud, among such
individuals.
(b) Eligible Entities.--An entity is eligible to receive a
grant under this section if such entity is--
(1) a State agency or area agency on aging; or
(2) a nonprofit organization with a proven record of
providing--
(A) services to mid-life and older individuals;
(B) consumer awareness programs; or
(C) supportive services to low-income families.
(c) Application.--An eligible entity desiring a grant under
this section shall submit an application to the Secretary in
such form and containing such information as the Secretary
may require, including a plan for continuing the programs
provided with grant funds under this section after the grant
expires.
(d) Limitation on Administrative Costs.--A recipient of a
grant under this section may not use more than 4 percent of
the total amount of the grant in each fiscal year for the
administrative costs of carrying out the programs provided
with grant funds under this section.
(e) Evaluation and Report.--
(1) Establishment of performance measures.--The Secretary
shall develop measures to evaluate the programs provided with
grant funds under this section.
(2) Evaluation according to performance measures.--Applying
the performance measures developed under paragraph (1), the
Secretary shall evaluate the programs provided with grant
funds under this section in order to--
(A) judge the performance and effectiveness of such
programs;
(B) identify which programs represent the best practices of
entities developing such programs for mid-life and older
individuals; and
(C) identify which programs may be replicated.
(3) Annual reports.--For each fiscal year in which a grant
is awarded under this section, the Secretary shall submit a
report to Congress containing a description of the status of
the grant program under this section, a description of the
programs provided with grant funds under this section, and
the results of the evaluation of such programs under
paragraph (2).
SEC. 4. NATIONAL TRAINING AND TECHNICAL ASSISTANCE PROGRAM.
(a) Authority.--The Secretary is authorized to award a
grant to 1 or more eligible entities to--
(1) create and make available instructional materials and
information that promote financial education; and
(2) provide training and other related assistance regarding
the establishment of financial education programs to eligible
entities awarded a grant under section 3.
(b) Eligible Entities.--An entity is eligible to receive a
grant under this section if such entity is a national
nonprofit organization with substantial experience in the
field of financial education.
(c) Application.--An eligible entity desiring a grant under
this section shall submit an application to the Secretary in
such form and containing such information as the Secretary
may require.
(d) Basis and Term.--The Secretary shall award a grant
under this section on a competitive, merit basis for a term
of 5 years.
SEC. 5. DEFINITIONS.
In this Act:
(1) Financial education.--The term ``financial education''
means education that promotes an understanding of consumer,
economic, and personal finance concepts, including saving for
retirement, long-term care, and estate planning and education
on predatory lending and financial abuse schemes.
(2) Mid-life individual.--The term ``mid-life individual''
means an individual aged 45 to 64 years.
(3) Older individual.--The term ``older individual'' means
an individual aged 65 or older.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated
to carry out this Act, $100,000,000 for each of the fiscal
years 2003 through 2007.
(b) Limitation on Funds for Evaluation and Report.--The
Secretary may not use more than $200,000 of the amounts
appropriated under subsection (a) for each fiscal year to
carry out section 3(e).
(c) Limitation on Funds for Training and Technical
Assistance.--The Secretary may not use less than 5 percent or
more than 10 percent of amounts appropriated under subsection
(a) for each fiscal year to carry out section 4.
____________________