[Congressional Record Volume 149, Number 16 (Wednesday, January 29, 2003)]
[Senate]
[Pages S1737-S1752]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CORZINE (for himself and Mr. Lautenberg):
S. 230. A bill to establish the Crossroads of the American Revolution
National Heritage Area in the State of New Jersey, and for other
purposes; to the Committee on Energy and Natural Resources.
Mr. CORZINE. Mr. President, today, along with Senator Lautenberg, I
am introducing legislation, the Crossroads of the American Revolution
National Heritage Area Act, to establish the Crossroads of the American
Revolution National Heritage Area in the State of New Jersey. I am
proud to be joining my New Jersey colleagues, Representatives Rodney
Frelinghuysen and Rush Holt, who are introducing this legislation in
the House of Representatives, with the support of the entire New Jersey
delegation.
This legislation recognizes the critical role that New Jersey played
during the American Revolution. In fact, New Jersey was the site of
nearly 300 military engagements that helped determine the course of our
history as a Nation. Many of these locations, like the site where
George Washington made his historic crossing of the Delaware River, are
well known and preserved. Others, such as the Monmouth Battlefield
State Park in Manalapan and Freehold, and New Bridge Landing in River
Edge, are less well known and are threatened by development or in
critical need of funding for rehabilitation.
To help preserve New Jersey's Revolutionary War sites, this
legislation would establish a Crossroads of the American Revolution
National Heritage Area, linking about 250 sites in 15 counties. This
designation would authorize $10 million to assist preservation,
recreational and educational efforts by the State, county and local
governments as well as private cultural and tourism groups. The program
would be managed by the non-profit Crossroads of the American
Revolution Association.
Simply put, we are the Nation that we are today because of the
critical events that occurred in New Jersey during the American
Revolution and the many who died fighting there. By enacting the
Crossroads of the American Revolution National Heritage Area Act of
2002, we will pay tribute to the patriots who fought and died in New
Jersey so that we might become a Nation free from tyranny.
In the 107th Congress, I was proud to see the Senate approve this
legislation as part of a bipartisan package of heritage area bills.
Unfortunately, the bill was not approved in the House of
Representatives. I will work even harder in the 108th Congress to see
that this important legislation passes both houses and goes to the
President's desk for his signature. I hope my colleagues will support
this legislation, and 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. 230
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 ``Crossroads of the American
Revolution National Heritage Area Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the State of New Jersey was critically important during
the American Revolution because of the strategic location of
the State between the British armies headquartered in New
York City, New York, and the Continental Congress in the city
of Philadelphia, Pennsylvania;
(2) General George Washington spent almost half of the
period of the American Revolution personally commanding
troops of the Continental Army in the State of New Jersey,
including 2 severe winters spent in encampments in the area
that is now Morristown National Historical Park, a unit of
the National Park System;
(3) it was during the 10 crucial days of the American
Revolution between December 25, 1776, and January 3, 1777,
that General Washington, after retreating across the State of
New Jersey from the State of New York to the State of
Pennsylvania in the face of total defeat, recrossed the
Delaware River on the night of December 25, 1776, and went on
to win crucial battles at Trenton and Princeton in the State
of New Jersey;
(4) Thomas Paine, who accompanied the troops during the
retreat, described the events during those days as ``the
times that try men's souls'';
(5) the sites of 296 military engagements are located in
the State of New Jersey, including--
(A) several important battles of the American Revolution
that were significant to--
(i) the outcome of the American Revolution; and
(ii) the history of the United States; and
(B) several national historic landmarks, including
Washington's Crossing, the Old Trenton Barracks, and
Princeton, Monmouth, and Red Bank Battlefields;
(6) additional national historic landmarks in the State of
New Jersey include the homes of--
(A) Richard Stockton, Joseph Hewes, John Witherspoon, and
Francis Hopkinson, signers of the Declaration of
Independence;
(B) Elias Boudinout, President of the Continental Congress;
and
(C) William Livingston, patriot and Governor of the State
of New Jersey from 1776 to 1790;
(7) portions of the landscapes important to the strategies
of the British and Continental
[[Page S1738]]
armies, including waterways, mountains, farms, wetlands,
villages, and roadways--
(A) retain the integrity of the period of the American
Revolution; and
(B) offer outstanding opportunities for conservation,
education, and recreation;
(8) the National Register of Historic Places lists 251
buildings and sites in the National Park Service study area
for the Crossroads of the American Revolution that are
associated with the period of the American Revolution;
(9) civilian populations residing in the State of New
Jersey during the American Revolution suffered extreme
hardships because of--
(A) the continuous conflict in the State;
(B) foraging armies; and
(C) marauding contingents of loyalist Tories and rebel
sympathizers;
(10) because of the important role that the State of New
Jersey played in the successful outcome of the American
Revolution, there is a Federal interest in developing a
regional framework to assist the State of New Jersey, local
governments and organizations, and private citizens in--
(A) preserving and protecting cultural, historic, and
natural resources of the period; and
(B) bringing recognition to those resources for the
educational and recreational benefit of the present and
future generations of citizens of the United States; and
(11) the National Park Service has conducted a national
heritage area feasibility study in the State of New Jersey
that demonstrates that there is a sufficient assemblage of
nationally distinctive cultural, historic, and natural
resources necessary to establish the Crossroads of the
American Revolution National Heritage Area.
(b) Purposes.--The purposes of this Act are--
(1) to assist communities, organizations, and citizens in
the State of New Jersey in preserving--
(A) the special historic identity of the State; and
(B) the importance of the State to the United States;
(2) to foster a close working relationship among all levels
of government, the private sector, and local communities in
the State;
(3) to provide for the management, preservation,
protection, and interpretation of the cultural, historic, and
natural resources of the State for the educational and
inspirational benefit of future generations;
(4) to strengthen the value of Morristown National
Historical Park as an asset to the State by--
(A) establishing a network of related historic resources,
protected landscapes, educational opportunities, and events
depicting the landscape of the State of New Jersey during the
American Revolution; and
(B) establishing partnerships between Morristown National
Historical Park and other public and privately owned
resources in the Heritage Area that represent the strategic
fulcrum of the American Revolution; and
(5) to authorize Federal financial and technical assistance
for the purposes described in paragraphs (1) through (4).
SEC. 3. DEFINITIONS.
In this Act:
(1) Association.--The term ``Association'' means the
Crossroads of the American Revolution Association, Inc., a
nonprofit corporation in the State.
(2) Heritage area.--The term ``Heritage Area'' means the
Crossroads of the American Revolution National Heritage Area
established by section 4(a).
(3) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated
by section 4(d).
(4) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 5.
(5) Map.--The term ``map'' means the map entitled
``Crossroads of the American Revolution National Heritage
Area'', numbered CRRE\80,000, and dated April 2002.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of New
Jersey.
SEC. 4. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL
HERITAGE AREA.
(a) Establishment.--There is established in the State the
Crossroads of the American Revolution National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of the
land and water within the boundaries of the Heritage Area, as
depicted on the map.
(c) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(d) Management Entity.--The Association shall be the
management entity for the Heritage Area.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on
which funds are first made available to carry out this Act,
the management entity shall submit to the Secretary for
approval a management plan for the Heritage Area.
(b) Requirements.--The management plan shall--
(1) include comprehensive policies, strategies, and
recommendations for conservation, funding, management, and
development of the Heritage Area;
(2) take into consideration existing State, county, and
local plans;
(3) describe actions that units of local government,
private organizations, and individuals have agreed to take to
protect the cultural, historic, and natural resources of the
Heritage Area;
(4) identify existing and potential sources of funding for
the protection, management, and development of the Heritage
Area during the first 5 years of implementation of the
management plan; and
(5) include--
(A) an inventory of the cultural, educational, historic,
natural, recreational, and scenic resources of the Heritage
Area relating to the themes of the Heritage Area that should
be restored, managed, or developed;
(B) recommendations of policies and strategies for resource
management that result in--
(i) application of appropriate land and water management
techniques; and
(ii) development of intergovernmental and interagency
cooperative agreements to protect the cultural, educational,
historic, natural, recreational, and scenic resources of the
Heritage Area;
(C) a program of implementation of the management plan that
includes for the first 5 years of implementation--
(i) plans for resource protection, restoration,
construction; and
(ii) specific commitments for implementation that have been
made by the management entity or any government,
organization, or individual;
(D) an analysis of and recommendations for ways in which
Federal, State, and local programs, including programs of the
National Park Service, may be best coordinated to promote the
purposes of this Act; and
(E) an interpretive plan for the Heritage Area.
(c) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after the date of
receipt of the management plan under subsection (a), the
Secretary shall approve or disapprove the management plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether--
(A) the Board of Directors of the management entity is
representative of the diverse interests of the Heritage Area,
including--
(i) governments;
(ii) natural and historic resource protection
organizations;
(iii) educational institutions;
(iv) businesses; and
(v) recreational organizations;
(B) the management entity provided adequate opportunity for
public and governmental involvement in the preparation of the
management plan, including public hearings;
(C) the resource protection and interpretation strategies
in the management plan would adequately protect the cultural,
historic, and natural resources of the Heritage Area; and
(D) the Secretary has received adequate assurances from the
appropriate State and local officials whose support is needed
to ensure the effective implementation of the State and local
aspects of the management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan under paragraph (1), the
Secretary shall--
(A) advise the management entity in writing of the reasons
for the disapproval;
(B) make recommendations for revisions to the management
plan; and
(C) not later than 60 days after the receipt of any
proposed revision of the management plan from the management
entity, approve or disapprove the proposed revision.
(d) Amendments.--
(1) In general.--The Secretary shall approve or disapprove
each amendment to the management plan that the Secretary
determines may make a substantial change to the management
plan.
(2) Use of funds.--Funds made available under this Act
shall not be expended by the management entity to implement
an amendment described in paragraph (1) until the Secretary
approves the amendment.
(e) Implementation.--On completion of the 3-year period
described in subsection (a), any funding made available under
this Act shall be made available to the management entity
only for implementation of the approved management plan.
SEC. 6. AUTHORITIES, DUTIES, AND PROHIBITIONS APPLICABLE TO
THE MANAGEMENT ENTITY.
(a) Authorities.--For purposes of preparing and
implementing the management plan, the management entity may
use funds made available under this Act to--
(1) make grants to, provide technical assistance to, and
enter into cooperative agreements with, the State (including
a political subdivision), a nonprofit organization, or any
other person;
(2) hire and compensate staff, including individuals with
expertise in--
(A) cultural, historic, or natural resource protection; or
(B) heritage programming;
(3) obtain funds or services from any source (including a
Federal law or program);
(4) contract for goods or services; and
(5) support any other activity--
(A) that furthers the purposes of the Heritage Area; and
(B) that is consistent with the management plan.
[[Page S1739]]
(b) Duties.--In addition to developing the management plan,
the management entity shall--
(1) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(A) carrying out programs and projects that recognize,
protect, and enhance important resource values in the
Heritage Area;
(B) establishing and maintaining interpretive exhibits and
programs in the Heritage Area;
(C) developing recreational and educational opportunities
in the Heritage Area;
(D) increasing public awareness of and appreciation for
cultural, historic, and natural resources of the Heritage
Area;
(E) protecting and restoring historic sites and buildings
that are--
(i) located in the Heritage Area; and
(ii) related to the themes of the Heritage Area;
(F) ensuring that clear, consistent, and appropriate signs
identifying points of public access and sites of interest are
installed throughout the Heritage Area; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
purposes of the Heritage Area;
(2) in preparing and implementing the management plan,
consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area;
(3) conduct public meetings at least semiannually regarding
the development and implementation of the management plan;
(4) for any fiscal year for which Federal funds are
received under this Act--
(A) submit to the Secretary a report that describes for the
year--
(i) the accomplishments of the management entity;
(ii) the expenses and income of the management entity; and
(iii) each entity to which a grant was made;
(B) make available for audit all information relating to
the expenditure of the funds and any matching funds; and
(C) require, for all agreements authorizing expenditures of
Federal funds by any entity, that the receiving entity make
available for audit all records and other information
relating to the expenditure of the funds;
(5) encourage, by appropriate means, economic viability
that is consistent with the purposes of the Heritage Area;
and
(6) maintain headquarters for the management entity at
Morristown National Historical Park and in Mercer County.
(c) Prohibition on the Acquisition of Real Property.--
(1) Federal funds.--The management entity shall not use
Federal funds made available under this Act to acquire real
property or any interest in real property.
(2) Other funds.--Notwithstanding paragraph (1), the
management entity may acquire real property or an interest in
real property using any other source of funding, including
other Federal funding.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL
AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--On the request of the management entity,
the Secretary may provide technical and financial assistance
to the Heritage Area for the development and implementation
of the management plan.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall give priority to actions
that assist in--
(A) conserving the significant cultural, historic, natural,
and scenic resources of the Heritage Area; and
(B) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(3) Operational assistance.--Subject to the availability of
appropriations, the Superintendent of Morristown National
Historical Park may, on request, provide to public and
private organizations in the Heritage Area, including the
management entity, any operational assistance that is
appropriate for the purpose of supporting the implementation
of the management plan.
(4) Preservation of historic properties.--To carry out the
purposes of this Act, the Secretary may provide assistance to
a State or local government or nonprofit organization to
provide for the appropriate treatment of--
(A) historic objects; or
(B) structures that are listed or eligible for listing on
the National Register of Historic Places.
(5) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the management entity and other
public or private entities to carry out this subsection.
(b) Other Federal Agencies.--Any Federal agency conducting
or supporting an activity that directly affects the Heritage
Area shall--
(1) consult with the Secretary and the management entity
regarding the activity;
(2)(A) cooperate with the Secretary and the management
entity in carrying out the of the Federal agency under this
Act; and
(B) to the maximum extent practicable, coordinate the
activity with the carrying out of those duties; and
(3) to the maximum extent practicable, conduct the activity
to avoid adverse effects on the Heritage Area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this Act $10,000,000, of which not more than
$1,000,000 may be authorized to be appropriated for any
fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the
cost of any activity assisted under this Act shall be not
more than 50 percent.
SEC. 9. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under
this Act terminates on the date that is 15 years after the
date of enactment of this Act.
______
By Ms. LANDRIEU:
S. 234. A bill to provide that members of the Armed Forces performing
services on the Island of Diego Garcia shall be entitled to tax
benefits in the same manner as if such services were performed in a
combat zone; and for other purposes; to the Committee on Finance.
______
By Ms. LANDRIEU:
S. 235. A bill to amend the Internal Revenue Code of 1986 to clarify
the treatment of dependent care assistance programs sponsored by the
Department of Defense for members of the Armed Forces of the United
States; to the Committee on Finance.
Ms. LANDRIEU. Mr. President, I rise today to reintroduce two bills
that I originally sponsored in the 107th Congress. As our Nation
prepares to go to war with Iraq and continues the war against
terrorism, my bills will give additional tax relief to military
families. One will give tax relief to a small group of men and women in
our armed services stationed on the island of Diego Garcia in the
Indian Ocean, supporting the war on terrorism in Afghanistan. The
second bill will exclude from gross income child care benefits paid to
members of our armed forces. These are small measures, but both will be
of great benefit to the men and women serving our country.
Diego Garcia is a British Territory lying seven degrees South
Latitude off the coast of India, in the middle of the Indian Ocean. The
island is 40 miles around and encompasses an area of 6,720 acres, most
of it dominated by a large lagoon. The land mass is actually very
small. It is home to a joint British--United States Naval Support
Facility, and while there are only a small handful of British Royal
Navy personnel on the island, there is a larger, tight-knit team of
American Air Force, Navy, Marine Corps and Army personnel there. These
men and women serving on Diego Garcia have been supporting B-52 bombing
missions and other operations over Afghanistan. They will be called
into service in the event of war with Iraq, they served this purpose in
the previous Gulf War.
As a Nation, we provide members of our armed forces with a variety of
benefits, all of them deserved. They receive hardship duty pay of $150
per month for serving in austere regions of the World. They get
imminent danger pay of $150 per month as compensation for being in
physical danger. One of the most generous benefits for those serving in
the war on terrorism is the combat zone tax exclusion. Enlisted members
of the armed services do not pay Federal taxes on their compensation
for any month of service inside a combat zone. Officers pay tax on any
amount of income over the highest salary for enlisted personnel. Both
officers and enlisted personnel have to serve one day in the combat
zone to get this benefit for the entire month. The exclusion only
applies to personnel who receive imminent danger pay.
On Diego Garcia, the pilots and flight crews who fly the missions
over Afghanistan are eligible for the combat zone income tax exclusion
because they receive imminent danger pay. Many of them are from the 2nd
Bomb Wing and the 917th Wing. Both units call Barksdale Air Force Base
in Louisiana their home. But the men and women who load the bombers,
fuel them, and maintain them are not eligible because they do not enter
the combat zone. Barksdale is also their home base. My office was
contacted by some of the Barksdale officers who fly the bombing
missions about this discrepancy. They asked me to help out their
support crews, a gesture of selflessness that I seek to honor today.
I recognize that the support crews may not receive imminent danger
pay, but their situation is not too different from Naval personnel
performing the
[[Page S1740]]
same tasks on ships in the Arabian Sea. Naval support crews receive
imminent danger pay and are eligible for the tax exclusion, but they do
not enter Afghanistan.
Diego Garcia is a beautiful place, but is a long way from home. The
least we could do is treat everyone who has served on the island the
same. That is what my bill will do.
My second bill will correct an omission in the Tax Reform Act of
1986. That Act contained a provision consolidating the laws regarding
the tax treatment of certain military benefits. The Conference Report
to that Act contains a long list of benefits to be excluded from gross
income of military personnel. According to the report, this list was to
be exhaustive. The problem is that child care benefits are not on that
list.
I do not know if this omission was intentional. Perhaps at that time,
child care benefits were relatively unknown in the military. The
Conference Report gives the Treasury Secretary the authority to expand
the list of eligible benefits, but so far no Secretary has chosen to
provide any guidance to the Department of Defense as to how these
benefits should be treated for tax purposes. While military families
are not currently being taxed for child care benefits, the Department
of Defense has indicated that it would like Congress to clarify that
child care benefits are not subject to tax. My bill will give our
military families and the Department of Defense a greater degree of
certainty.
I am pleased that my dependent care provision has been included in S.
19, the Veterans and Military Personnel Fairness Act of 2003. The same
provision had been included in a similar package in the last Congress.
I urge the Finance Committee to consider this package very soon and to
include my Diego Garcia bill in the final package.
Throughout our history, in time of war we have worked to make sure
that our armed forces have everything they need and we have spared no
expense in meeting that need. But the men and women on the ground often
have families back at home. We should make sure that we support them as
well. I urge my colleagues to support this legislation.
______
By Mr. NELSON of Florida (for himself, Mr. Corzine, Mr. Thomas,
Mrs. Feinstein, and Mr. Enzi):
S. 236. A bill to require background checks of alien flight school
applicants without regard to the maximum certificated weight of the
aircraft for which they seek training, and to require a report on the
effectiveness of the requirement; to the Committee on Commerce,
Science, and Transportation.
Mr. NELSON of Florida. Mr. President, I rise to re-introduce
legislation that would close a serious loophole in the current law
regulating background checks of alien flight school applicants. This
legislation was passed by the Senate last session but was not taken up
by the House.
It is crucial that we close this loophole in the Aviation and
Transportation Security Act that allows foreign flight school
applicants to train on small planes without being subjected to a
background check.
As we all know, in the wake of the September 11 terrorist attacks, it
was discovered that many of the hijackers received flight training in
the United States. In addition, Zacarias Moussaoui, the alleged ``20th
hijacker,'' was apprehended by investigators in Minnesota after
accounts that he was only interested in learning to fly, not land, an
airplane.
Section 113 of the Aviation and Transportation Security Act, which
was enacted in the 107th Congress, requires background checks of all
foreign flight school applicants seeking training to operate aircraft
weighing 12,500 pounds or more. While this provision should help ensure
that events like the September 11 attacks are not performed by U.S.-
trained pilots using hijacked jets in the future, it does nothing to
prevent different types of potential attacks against our domestic
security.
Last year, the FBI issued a terrorism warning indicating that small
planes might be used to carry out suicide attacks. Small aircraft can
be used by terrorists to attack nuclear facilities, carry explosives,
or deliver biological or chemical agents. For example, if a crop duster
filled with a combination of fertilizers and explosives were crashed
into a filled sporting event stadium thousands of people could be
seriously injured or killed. We cannot allow this to happen. We need to
ensure that we are not training terrorists to perform these activities.
We cannot allow critical warnings to go unheeded.
My legislation would close the loophole and answer the critical
warnings issued by the FBI. At the same time, this amendment would
provide an exception to the background check requirement for foreign
pilots who already hold a pilot's license or foreign equivalent
allowing them to fly large aircraft in and out of the United States.
Foreign pilots who have already been approved to land large jets at
U.S. airports need not be required to undergo additional background
checks.
I am once again joined in this effort to close this dangerous
loophole in the Aviation and Transportation Security Act by Senators
Corzine, Enzi, Feinstein, and Thomas, and I look forward to the
Senate's prompt consideration of this legislation.
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. 236
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. MODIFICATION OF REQUIREMENTS REGARDING TRAINING TO
OPERATE AIRCRAFT.
(a) Aliens Covered by Waiting Period.--Subsection (a) of
section 44939(a) of title 49, United States Code, is
amended--
(1) by striking ``A person subject'' and inserting:
``(1) In general.--A person subject'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by striking ``any aircraft having a maximum
certificated takeoff weight of 12,500 pounds or more'' and
inserting ``an aircraft'' in paragraph (1) as redesignated;
(4) by striking ``paragraph (1)'' in paragraph (1)(B), as
redesignated, and inserting ``subparagraph (A)''; and
(5) by adding at the end the following:
``(2) Exception.--The requirements of paragraph (1) shall
not apply to an alien who--
``(A) has earned a Federal Aviation Administration type
rating in an aircraft; or
``(B) holds a current pilot's license or foreign equivalent
commercial pilot's license that permits the person to fly an
aircraft with a maximum certificated takeoff weight of more
than 12,500 pounds as defined by the International Civil
Aviation Organization in Annex 1 to the Convention on
International Civil Aviation.''.
(b) Procedures.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Attorney General shall promulgate
regulations to implement section 44939 of title 49, United
States Code.
(2) Use of overseas facilities.--In order to implement the
amendments made to section 44939 of title 49, United States
Code, by this section, United States Embassies and Consulates
that have fingerprinting capability shall provide
fingerprinting services to aliens covered by that section if
the Attorney General requires their fingerprinting in the
administration of that section, and transmit the fingerprints
to the Department of Justice and any other appropriate
agency. The Attorney General shall cooperate with the
Secretary of State to carry out this paragraph.
(c) Effective Date.--Not later than 120 days after the date
of enactment of this Act, the Attorney General shall
promulgate regulations to implement the amendments made by
this section. The Attorney General may not interrupt or
prevent the training of any person described in section
44939(a)(1) of title 49, United States Code, who commenced
training on aircraft with a maximum certificated takeoff
weight of 12,500 pounds or less before, or within 120 days
after, the date of enactment of this Act unless the Attorney
General determines that the person represents a risk to
aviation or national security.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation and
the Attorney General shall jointly submit to the Committee on
Commerce, Science, and Transportation of the Senate and to
the Committee on Transportation and Infrastructure of the
House of Representatives, a report on the effectiveness of
the activities carried out under section 44939 of title 49,
United States Code, in reducing risks to aviation and
national security.
______
By Mr. REED (for himself, Mr. Kennedy, Mr. Cochran, Mr. Jeffords,
Mr. Daschle, Ms. Collins, Mr. Dodd, Mrs. Clinton, Mr. Sarbanes,
Mr. Levin,
[[Page S1741]]
Mr. Leahy, Mr. Harkin, Mr. Smith, Ms. Snowe, Mr. Corzine, Ms.
Landrieu, and Mr. Baucus):
S. 238. A bill to reauthorize the Museum and Library Services Act,
and for other purposes; to the Committee on Health, Education, Labor,
and Pensions.
Mr. REED. Mr. President, today I rise to introduce that Museum and
Library Services Act of 2003. I am pleased to be joined by Senators
Kennedy, Cochran, Collins, Snowe, Smith, Daschle, Jeffords, Dodd,
Harkin, Clinton, Sarbanes, Levin, Leahy, Corzine, Landrieu, and Baucus
in introducing this legislature to strengthen museum and library
services.
The Federal Government has a long history of supporting our Nation's
libraries and museums, providing direct aid to public libraries since
the adoption of the Library Services and Construction Act, LSCA, in
1956 and funding to museums since the enactment of the Museum Services
Act in 1976. As a result of this support, our lives and culture have
been enriched.
My predecessor, Senator Claiborne Pell, was instrumental in the
creation of the Museum Services Act, as well as the development and
enactment of the Museum and Library Services Act in 1996. This law
reauthorized Federal library and museum programs under a newly created
independent Federal agency called the Institute for Museum and Library
Services, IMLS.
I am proud to continue Senator Pell's tradition of supporting
libraries and museums by introducing this legislation to day to extend
the authorization of museum and library services through fiscal year
2009 and to make several important modifications to current law.
The bill ensures that library activities are coordinated with the
school library program I authored, which is now part of the No Child
Left Behind Act of 2001. It establishes a Museum and Library Services
Board to advise the Director of IMLS, and it authorizes IMLS to issue a
National Award for Library Service as well as a National Award for
Museum Service. The bill also ensures that a portion of administrative
funds is used to analyze annually the impact of museum and library
services to identify needs and trends of services provided under museum
and library programs. Our bill also establishes a reservation of 1.75
percent of funds for museum services for Native Americans, a similar
reservation is currently provided for library services under the
Library Services and Technology subtitle. Lastly, the bill updates the
uses of funds for library and museum programs and increases the
authorization under the Library Services and Technology Act, LSTA, from
$150 million to $350 million and the Museum Services Act from $28.7
million to $65 million.
I want to specifically highlight one other provision in the
legislation. The Museum and Library Services Act of 2003 doubles the
minimum State allotment under the LSTA to $680,000.
The minimum State allotment has remained flat at $340,000 since 1971,
hampering the literacy and cultural efforts of our Nation's smaller
States. An analysis prepared by the staff of the Joint Economic
Committee shows that it would take approximately $1.5 million for our
small States to keep pace with inflation. The library community has
instead suggested a modest, but essential doubling of the minimum state
allotment to $680,000. This will enable every State to benefit and
implement the valuable services and programs that larger states have
been able to put in place. We heard about the importance of this change
from David Macksam, Director of the Cranston Public Library, during a
Health, Education, Labor, and Pensions Committee hearing that I chaired
last April.
Last year, efforts to move this legislation were stymied over
concerns about certain IMLS grants and how much funding should be
authorized for library and museum programs. The President's forthcoming
fiscal year 2004 budget will contain a modest, although record,
increase in funding for these programs, which I hope will alleviate
these concerns. As such, I hope we can move forward early in this
session of Congress on a bipartisan basis on a swift reauthorization of
the Museum and Library Services act.
I urge my colleagues to cosponsor this important legislation and work
for its passage.
I ask unanimous consent that the text of this legislation be printed
in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 238
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 ``Museum and Library Services
Act of 2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--GENERAL PROVISIONS
Sec. 101. General definitions.
Sec. 102. Institute of Museum and Library Services.
Sec. 103. Director of the Institute.
Sec. 104. National Museum and Library Services Board.
Sec. 105. Awards; analysis of impact of services.
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Authorization of appropriations.
Sec. 204. Reservations and allotments.
Sec. 205. State plans.
Sec. 206. Grants to States.
Sec. 207. National leadership grants, contracts, or cooperative
agreements.
TITLE III--MUSEUM SERVICES
Sec. 300. Short title.
Sec. 301. Purpose.
Sec. 302. Definitions.
Sec. 303. Museum services activities.
Sec. 304. Repeals.
Sec. 305. Authorization of appropriations.
TITLE IV--NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE ACT
Sec. 401. Amendment to contributions.
Sec. 402. Amendment to membership.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Amendments to Arts and Artifacts Indemnity Act.
Sec. 502. National Children's Museum.
Sec. 503. Technical corrections.
Sec. 504. Conforming amendment.
Sec. 505. Repeals.
Sec. 506. Effective date.
TITLE I--GENERAL PROVISIONS
SEC. 101. GENERAL DEFINITIONS.
Section 202 of the Museum and Library Services Act (20
U.S.C. 9101) is amended--
(1) by striking paragraphs (1) and (4);
(2) by redesignating paragraph (2) as paragraph (1);
(3) by inserting after paragraph (1), as redesignated by
paragraph (2) of this section, the following:
``(2) Indian tribe.--The term `Indian tribe' means any
tribe, band, nation, or other organized group or community,
including any Alaska native village, regional corporation, or
village corporation, as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized by the Secretary of the Interior
as eligible for the special programs and services provided by
the United States to Indians because of their status as
Indians.''; and
(4) by adding at the end the following:
``(4) Museum and library services board.--The term `Museum
and Library Services Board' means the National Museum and
Library Services Board established under section 207.''.
SEC. 102. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.
Section 203 of the Museum and Library Services Act (20
U.S.C. 9102) is amended--
(1) in subsection (b), by striking the last sentence; and
(2) by adding at the end the following:
``(c) Museum and Library Services Board.--There shall be a
National Museum and Library Services Board within the
Institute, as provided under section 207.''.
SEC. 103. DIRECTOR OF THE INSTITUTE.
Section 204 of the Museum and Library Services Act (20
U.S.C. 9103) is amended--
(1) in subsection (e), by adding at the end the following:
``Where appropriate, the Director shall ensure that
activities under subtitle B are coordinated with activities
under section 1251 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6383).''; and
(2) by adding at the end the following:
``(f) Regulatory Authority.--The Director may promulgate
such rules and regulations as are necessary and appropriate
to implement the provisions of this title.''.
SEC. 104. NATIONAL MUSEUM AND LIBRARY SERVICES BOARD.
The Museum and Library Services Act (20 U.S.C. 9101 et
seq.) is amended--
(1) by redesignating section 207 as section 208; and
(2) by inserting after section 206 the following:
``SEC. 207. NATIONAL MUSEUM AND LIBRARY SERVICES BOARD.
``(a) Establishment.--There is established in the Institute
a board to be known as the `National Museum and Library
Services Board'.
[[Page S1742]]
``(b) Membership.--
``(1) Number and appointment.--The Museum and Library
Services Board shall be composed of the following:
``(A) The Director.
``(B) The Deputy Director for the Office of Library
Services.
``(C) The Deputy Director for the Office of Museum
Services.
``(D) The Chairman of the National Commission on Libraries
and Information Science.
``(E) 10 members appointed by the President, by and with
the advice and consent of the Senate, from among individuals
who are citizens of the United States and who are specially
qualified in the area of library services by virtue of their
education, training, or experience.
``(F) 11 members appointed by the President, by and with
the advice and consent of the Senate, from among individuals
who are citizens of the United States and who are specially
qualified in the area of museum services by virtue of their
education, training, or experience.
``(2) Special qualifications.--
``(A) Library members.--Of the members of the Museum and
Library Services Board appointed under paragraph (1)(E)--
``(i) 5 shall be professional librarians or information
specialists, of whom--
``(I) not less than 1 shall be knowledgeable about
electronic information and technical aspects of library and
information services and sciences; and
``(II) not less than 1 shall be knowledgeable about the
library and information service needs of underserved
communities; and
``(ii) the remainder shall have special competence in, or
knowledge of, the needs for library and information services
in the United States.
``(B) Museum members.--Of the members of the Museum and
Library Services Board appointed under paragraph (1)(F)--
``(i) 5 shall be museum professionals who are or have been
affiliated with--
``(I) resources that, collectively, are broadly
representative of the curatorial, conservation, educational,
and cultural resources of the United States; or
``(II) museums that, collectively, are broadly
representative of various types of museums, including museums
relating to science, history, technology, art, zoos,
botanical gardens, and museums designed for children; and
``(ii) the remainder shall be individuals recognized for
their broad knowledge, expertise, or experience in museums or
commitment to museums.
``(3) Geographic and other representation.--Members of the
Museum and Library Services Board shall be appointed to
reflect individuals from various geographic regions of the
United States. The Museum and Library Services Board may not
include, at any time, more than 3 appointive members from a
single State. In making such appointments, the President
shall give due regard to equitable representation of women,
minorities, and persons with disabilities who are involved
with museums and libraries.
``(4) Voting.--The Director, the Deputy Director of the
Office of Library Services, and the Deputy Director of the
Office of Museum Services shall be nonvoting members of the
Museum and Library Services Board.
``(c) Terms.--
``(1) In general.--Except as otherwise provided in this
subsection, each member of the Museum and Library Services
Board appointed under subparagraph (E) or (F) of subsection
(b)(1) shall serve for a term of 5 years.
``(2) Initial board appointments.--
``(A) Treatment of members serving on effective date.--
Notwithstanding subsection (b), each individual who is a
member of the National Museum Services Board on the day
before the date of enactment of the Museum and Library
Services Act of 2003, may, at the individual's election,
complete the balance of the individual's term as a member of
the Museum and Library Services Board.
``(B) First appointments.--Notwithstanding subsection (b),
any appointive vacancy in the initial membership of the
Museum and Library Services Board existing after the
application of subparagraph (A), and any vacancy in such
membership subsequently created by reason of the expiration
of the term of an individual described in subparagraph (A),
shall be filled by the appointment of a member described in
subsection (b)(1)(E). When the Museum and Library Services
Board consists of an equal number of individuals who are
specially qualified in the area of library services and
individuals who are specially qualified in the area of museum
services, this subparagraph shall cease to be effective and
the members of the Museum and Library Services Board shall be
appointed in accordance with subsection (b).
``(C) Authority to adjust terms.--The terms of the first
members appointed to the Museum and Library Services Board
shall be adjusted by the President as necessary to ensure
that the terms of not more than 4 members expire in the same
year. Such adjustments shall be carried out through
designation of the adjusted term at the time of appointment.
``(3) Vacancies.--Any member appointed to fill a vacancy
shall serve for the remainder of the term for which the
predecessor of the member was appointed.
``(4) Reappointment.--No appointive member of the Museum
and Library Services Board who has been a member for more
than 7 consecutive years shall be eligible for reappointment.
``(5) Service until successor takes office.--
Notwithstanding any other provision of this subsection, an
appointive member of the Museum and Library Services Board
shall serve after the expiration of the term of the member
until the successor to the member takes office.
``(d) Duties and Powers.--
``(1) In general.--The Museum and Library Services Board
shall advise the Director on general policies with respect to
the duties, powers, and authority of the Institute relating
to museum and library services, including financial
assistance awarded under this title.
``(2) National awards.--The Museum and Library Services
Board shall assist the Director in making awards under
section 209.
``(e) Chairperson.--The Director shall serve as Chairperson
of the Museum and Library Services Board.
``(f) Meetings.--
``(1) In general.--The Museum and Library Services Board
shall meet not less than 2 times each year and at the call of
the Director.
``(2) Vote.--All decisions by the Museum and Library
Services Board with respect to the exercise of its duties and
powers shall be made by a majority vote of the members of the
Board who are present and authorized to vote.
``(g) Quorum.--A majority of the voting members of the
Museum and Library Services Board shall constitute a quorum
for the conduct of business at official meetings, but a
lesser number of members may hold hearings.
``(h) Compensation and Travel Expenses.--
``(1) Compensation.--Each member of the Museum and Library
Services Board who is not an officer or employee of the
Federal Government may be compensated at a rate to be fixed
by the President, but not to exceed the daily equivalent of
the maximum annual rate of pay authorized for a position
above grade GS-15 of the General Schedule under section 5108
of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the
performance of the duties of the Museum and Library Services
Board. Members of the Museum and Libraries Services Board who
are full-time officers or employees of the Federal
Government may not receive additional pay, allowances, or
benefits by reason of their service on the Board.
``(2) Travel expenses.--Each member of the Museum and
Library Services Board shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of
title 5, United States Code.
``(i) Coordination.--The Director, with the advice of the
Museum and Library Services Board, shall take steps to ensure
that the policies and activities of the Institute are
coordinated with other activities of the Federal
Government.''.
SEC. 105. AWARDS; ANALYSIS OF IMPACT OF SERVICES.
The Museum and Library Services Act (20 U.S.C. 9101 et
seq.) is amended by inserting after section 208 (as
redesignated by section 104 of this Act) the following:
``SEC. 209. AWARDS.
``The Director, with the advice of the Museum and Library
Services Board, may annually award National Awards for
Library Service and National Awards for Museum Service to
outstanding libraries and outstanding museums, respectively,
that have made significant contributions in service to their
communities.
``SEC. 210. ANALYSIS OF IMPACT OF MUSEUM AND LIBRARY
SERVICES.
``From amounts appropriated under sections 214(c) and
274(b), the Director shall carry out and publish analyses of
the impact of museum and library services. Such analyses--
``(1) shall be conducted in ongoing consultation with--
``(A) State library administrative agencies;
``(B) State, regional, and national library and museum
organizations; and
``(C) other relevant agencies and organizations;
``(2) shall identify national needs for, and trends of,
museum and library services provided with funds made
available under subtitles B and C;
``(3) shall report on the impact and effectiveness of
programs conducted with funds made available by the Institute
in addressing such needs; and
``(4) shall identify, and disseminate information on, the
best practices of such programs to the agencies and entities
described in paragraph (1).''.
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
SEC. 201. PURPOSE.
Section 212 of the Library Services and Technology Act (20
U.S.C. 9121) is amended by striking paragraphs (2) through
(5) and inserting the following:
``(2) to promote improvement in library services in all
types of libraries in order to better serve the people of the
United States;
``(3) to facilitate access to resources in all types of
libraries for the purpose of cultivating an educated and
informed citizenry; and
``(4) to encourage resource sharing among all types of
libraries for the purpose of
[[Page S1743]]
achieving economical and efficient delivery of library
services to the public.''.
SEC. 202. DEFINITIONS.
Section 213 of the Library Services and Technology Act (20
U.S.C. 9122) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2), (3), (4), (5), and (6)
as paragraphs (1), (2), (3), (4), and (5), respectively.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
Section 214 of the Library Services and Technology Act (20
U.S.C. 9123) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--There are authorized to be appropriated
to carry out this subtitle $350,000,000 for fiscal year 2004
and such sums as may be necessary for fiscal years 2005
through 2009.''; and
(2) in subsection (c), by striking ``3 percent'' and
inserting ``3.5 percent''.
SEC. 204. RESERVATIONS AND ALLOTMENTS.
Section 221(b)(3) of the Library Services and Technology
Act (20 U.S.C. 9131(b)(3)) is amended to read as follows:
``(3) Minimum allotments.--
``(A) In general.--For purposes of this subsection, the
minimum allotment for each State shall be $340,000, except
that the minimum allotment shall be $40,000 in the case of
the United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.
``(B) Ratable reductions.--Notwithstanding subparagraph
(A), if the sum appropriated under the authority of section
214 and not reserved under subsection (a) for any fiscal year
is insufficient to fully satisfy the requirement of
subparagraph (A), each of the minimum allotments under such
subparagraph shall be reduced ratably.
``(C) Exception.--
``(i) In general.--Notwithstanding subparagraph (A), if the
sum appropriated under the authority of section 214 and not
reserved under subsection (a) for any fiscal year exceeds the
aggregate of the allotments for all States under this
subsection for fiscal year 2003--
``(I) the minimum allotment for each State otherwise
receiving a minimum allotment of $340,000 under subparagraph
(A) shall be increased to $680,000; and
``(II) the minimum allotment for each State otherwise
receiving a minimum allotment of $40,000 under subparagraph
(A) shall be increased to $60,000.
``(ii) Insufficient funds to award alternative minimum.--If
the sum appropriated under the authority of section 214 and
not reserved under subsection (a) for any fiscal year exceeds
the aggregate of the allotments for all States under this
subsection for fiscal year 2003 yet is insufficient to fully
satisfy the requirement of clause (i), such excess amount
shall first be allotted among the States described in clause
(i)(I) so as to increase equally the minimum allotment for
each such State above $340,000. After the requirement of
clause (i)(I) is fully satisfied for any fiscal year, any
remainder of such excess amount shall be allotted among the
States described in clause (i)(II) so as to increase equally
the minimum allotment for each such State above $40,000.
``(D) Special rule.--
``(i) In general.--Notwithstanding any other provision of
this subsection and using funds allotted for the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau under this subsection, the Director
shall award grants to the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, or the Republic of Palau to carry out
activities described in this subtitle in accordance with the
provisions of this subtitle that the Director determines are
not inconsistent with this subparagraph.
``(ii) Award basis.--The Director shall award grants
pursuant to clause (i) on a competitive basis and pursuant to
recommendations from the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
``(iii) Administrative costs.--The Director may provide not
more than 5 percent of the funds made available for grants
under this subparagraph to pay the administrative costs of
the Pacific Region Educational Laboratory regarding
activities assisted under this subparagraph.''.
SEC. 205. STATE PLANS.
Section 224 of the Library Services and Technology Act (20
U.S.C. 9134) is amended--
(1) in subsection (a)(1), by striking ``not later than
April 1, 1997.'' and inserting ``once every 5 years, as
determined by the Director.''; and
(2) in subsection (f)--
(A) by striking ``this Act'' each place such term appears
and inserting ``this subtitle'';
(B) in paragraph (1)--
(i) by striking ``1934,'' and all that follows through
``Act, may'' and inserting ``1934 (47 U.S.C. 254(h)(6))
may''; and
(ii) by striking ``section 213(2)(A) or (B)'' and inserting
``section 213(1)(A) or (B)''; and
(C) in paragraph (7)--
(i) in the matter preceding subparagraph (A), by striking
``section:'' and inserting ``subsection:''; and
(ii) in subparagraph (D), by striking ``given'' and
inserting ``applicable to''.
SEC. 206. GRANTS TO STATES.
Section 231 of the Library Services and Technology Act (20
U.S.C. 9141) is amended--
(1) in subsection (a), by striking paragraphs (1) and (2)
and inserting the following:
``(1) expanding services for learning and access to
information and educational resources in a variety of
formats, in all types of libraries, for individuals of all
ages;
``(2) developing library services that provide all users
access to information through local, State, regional,
national, and international electronic networks;
``(3) providing electronic and other linkages among and
between all types of libraries;
``(4) developing public and private partnerships with other
agencies and community-based organizations;
``(5) targeting library services to individuals of diverse
geographic, cultural, and socioeconomic backgrounds, to
individuals with disabilities, and to individuals with
limited functional literacy or information skills; and
``(6) targeting library and information services to persons
having difficulty using a library and to underserved urban
and rural communities, including children (from birth through
age 17) from families with incomes below the poverty line (as
defined by the Office of Management and Budget and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.''; and
(2) in subsection (b), by striking ``between the two
purposes described in paragraphs (1) and (2) of such
subsection,'' and inserting ``among such purposes,''.
SEC. 207. NATIONAL LEADERSHIP GRANTS, CONTRACTS, OR
COOPERATIVE AGREEMENTS.
Section 262(a)(1) of the Library Services and Technology
Act (20 U.S.C. 9162(a)(1)) is amended by striking ``education
and training'' and inserting ``education, recruitment, and
training''.
TITLE III--MUSEUM SERVICES
SEC. 300. SHORT TITLE.
Subtitle C of the Museum and Library Services Act (20
U.S.C. 9171 et seq.) is amended by inserting before section
271 the following:
``SEC. 270. SHORT TITLE.
``This subtitle may be cited as the `Museum Services
Act'.''.
SEC. 301. PURPOSE.
Section 271 of the Museum and Library Services Act (20
U.S.C. 9171) is amended to read as follows:
``SEC. 271. PURPOSE.
``It is the purpose of this subtitle--
``(1) to encourage and support museums in carrying out
their public service role of connecting the whole of society
to the cultural, artistic, historical, natural, and
scientific understandings that constitute our heritage;
``(2) to encourage and support museums in carrying out
their educational role, as core providers of learning and in
conjunction with schools, families, and communities;
``(3) to encourage leadership, innovation, and applications
of the most current technologies and practices to enhance
museum services;
``(4) to assist, encourage, and support museums in carrying
out their stewardship responsibilities to achieve the highest
standards in conservation and care of the cultural, historic,
natural, and scientific heritage of the United States to
benefit future generations;
``(5) to assist, encourage, and support museums in
achieving the highest standards of management and service to
the public, and to ease the financial burden borne by museums
as a result of their increasing use by the public; and
``(6) to support resource sharing and partnerships among
museums, libraries, schools, and other community
organizations.''.
SEC. 302. DEFINITIONS.
Section 272(1) of the Museum and Library Services Act (20
U.S.C. 9172(1)) is amended by adding at the end the
following: ``Such term includes aquariums, arboretums,
botanical gardens, art museums, children's museums, general
museums, historic houses and sites, history museums, nature
centers, natural history and anthropology museums,
planetariums, science and technology centers, specialized
museums, and zoological parks.''.
SEC. 303. MUSEUM SERVICES ACTIVITIES.
Section 273 of the Museum and Library Services Act (20
U.S.C. 9173) is amended to read as follows:
``SEC. 273. MUSEUM SERVICES ACTIVITIES.
``(a) In General.--The Director, subject to the policy
advice of the Museum and Library Services Board, may enter
into arrangements, including grants, contracts, cooperative
agreements, and other forms of assistance to museums and
other entities as the Director considers appropriate, to pay
for the Federal share of the cost--
``(1) to support museums in providing learning and access
to collections, information, and educational resources in a
variety of formats (including exhibitions, programs,
publications, and websites) for individuals of all ages;
``(2) to support museums in building learning partnerships
with the Nation's schools and developing museum resources and
programs in support of State and local school curricula;
``(3) to support museums in assessing, conserving,
researching, maintaining, and exhibiting their collections,
and in providing educational programs to the public through
the use of their collections;
``(4) to stimulate greater collaboration among museums,
libraries, schools, and
[[Page S1744]]
other community organizations in order to share resources and
strengthen communities;
``(5) to encourage the use of new technologies and
broadcast media to enhance access to museum collections,
programs, and services;
``(6) to support museums in providing services to people of
diverse geographic, cultural, and socioeconomic backgrounds
and to individuals with disabilities;
``(7) to support museums in developing and carrying out
specialized programs for specific segments of the public,
such as programs for urban neighborhoods, rural areas, Indian
reservations, and State institutions;
``(8) to support professional development and technical
assistance programs to enhance museum operations at all
levels, in order to ensure the highest standards in all
aspects of museum operations;
``(9) to support museums in research, program evaluation,
and the collection and dissemination of information to museum
professionals and the public; and
``(10) to encourage, support, and disseminate model
programs of museum and library collaboration.
``(b) Federal Share.--
``(1) 50 percent.--Except as provided in paragraph (2), the
Federal share described in subsection (a) shall be not more
than 50 percent.
``(2) Greater than 50 percent.--The Director may use not
more than 20 percent of the funds made available under this
subtitle for a fiscal year to enter into arrangements under
subsection (a) for which the Federal share may be greater
than 50 percent.
``(3) Operational expenses.--No funds for operational
expenses may be provided under this section to any entity
that is not a museum.
``(c) Review and Evaluation.--The Director shall establish
procedures for reviewing and evaluating arrangements
described in subsection (a) entered into under this subtitle.
Procedures for reviewing such arrangements shall not be
subject to any review outside of the Institute.
``(d) Services for Native Americans.--From amounts
appropriated under section 274, the Director shall reserve
1.75 percent to award grants to, or enter into contracts or
cooperative agreements with, Indian tribes and to
organizations that primarily serve and represent Native
Hawaiians (as defined in section 7207 of the Native Hawaiian
Education Act (20 U.S.C. 7517)) to enable such tribes and
organizations to carry out the activities described in
subsection (a).''.
SEC. 304. REPEALS.
Sections 274 and 275 of the Museum and Library Services Act
(20 U.S.C. 9174 and 9175) are repealed.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
Section 276 of the Museum and Library Services Act (20
U.S.C. 9176)--
(1) is redesignated as section 274 of such Act; and
(2) is amended, in subsection (a), by striking
``$28,700,000 for the fiscal year 1997, and such sums as may
be necessary for each of the fiscal years 1998 through
2002.'' and inserting ``$65,000,000 for fiscal year 2004 and
such sums as may be necessary for fiscal years 2005 through
2009.''.
TITLE IV--NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE ACT
SEC. 401. AMENDMENT TO CONTRIBUTIONS.
Section 4 of the National Commission on Libraries and
Information Science Act (20 U.S.C. 1503) is amended by
striking ``accept, hold, administer, and utilize gifts,
bequests, and devises of property,'' and inserting ``solicit,
accept, hold, administer, invest in the name of the United
States, and utilize gifts, bequests, and devises of services
or property,''.
SEC. 402. AMENDMENT TO MEMBERSHIP.
Section 6(a) of the National Commission on Libraries and
Information Science Act (20 U.S.C. 1505(a)) is amended--
(1) in the second sentence, by striking ``and at least one
other of whom shall be knowledgeable with respect to the
library and information service and science needs of the
elderly'';
(2) by amending the fourth sentence to read as follows: ``A
majority of members of the Commission who have taken office
and are serving on the Commission shall constitute a quorum
for conduct of business at official meetings of the
Commission''; and
(3) in the fifth sentence, by striking ``five years, except
that'' and all that follows through the period and inserting
``five years, except that--
``(1) a member of the Commission appointed to fill a
vacancy occurring prior to the expiration of the term for
which the member's predecessor was appointed, shall be
appointed only for the remainder of such term; and
``(2) any member of the Commission may continue to serve
after an expiration of the member's term of office until such
member's successor is appointed, has taken office, and is
serving on the Commission.''.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. AMENDMENTS TO ARTS AND ARTIFACTS INDEMNITY ACT.
Section 5 of the Arts and Artifacts Indemnity Act (20
U.S.C. 974) is amended--
(1) in subsection (b), by striking ``$5,000,000,000'' and
inserting ``$8,000,000,000'';
(2) in subsection (c), by striking ``$500,000,000'' and
inserting ``$750,000,000''; and
(3) in subsection (d)--
(A) in paragraph (6), by striking ``or'' after the
semicolon;
(B) by striking paragraph (7) and inserting the following:
``(7) not less than $400,000,000 but less than
$500,000,000, then coverage under this chapter shall extend
only to loss or damage in excess of the first $400,000 of
loss or damage to items covered; or
``(8) $500,000,000 or more, then coverage under this
chapter shall extend only to loss or damage in excess of the
first $500,000 of loss or damage to items covered.''.
SEC. 502. NATIONAL CHILDREN'S MUSEUM.
(a) Designation.--The Capital Children's Museum located at
800 Third Street, NE, Washington, D.C. (or any successor
location), organized under the laws of the District of
Columbia, is designated as the ``National Children's
Museum''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Capital Children's Museum referred to in subsection (a) shall
be deemed to be a reference to the National Children's
Museum.
SEC. 503. TECHNICAL CORRECTIONS.
(a) Title Heading.--The title heading for the Museum and
Library Services Act (20 U.S.C. 9101 et seq.) is amended to
read as follows:
``TITLE II--MUSEUM AND LIBRARY SERVICES''.
(b) Subtitle A Heading.--The subtitle heading for subtitle
A of the Museum and Library Services Act (20 U.S.C. 9101 et
seq.) is amended to read as follows:
``Subtitle A--General Provisions''.
(c) Subtitle B Heading.--The subtitle heading for subtitle
B of the Museum and Library Services Act (20 U.S.C. 9121 et
seq.) is amended to read as follows:
``Subtitle B--Library Services and Technology''.
(d) Subtitle C Heading.--The subtitle heading for subtitle
C of the Museum and Library Services Act (20 U.S.C. 9171 et
seq.) is amended to read as follows:
``Subtitle C--Museum Services''.
(e) Contributions.--Section 208 of the Museum and Library
Services Act (20 U.S.C. 9106) (as redesignated by section 104
of this Act) is amended by striking ``property of services''
and inserting ``property or services''.
(f) State Plan Contents.--Section 224(b)(5) of the Library
Services and Technology Act (20 U.S.C. 9134(b)(5)) is amended
by striking ``and'' at the end.
(g) National Leadership Grants, Contracts, or Cooperative
Agreements.--Section 262(b)(1) of the Library Services and
Technology Act (20 U.S.C. 9162(b)(1)) is amended by striking
``cooperative agreements, with,'' and inserting ``cooperative
agreements with,''.
SEC. 504. CONFORMING AMENDMENT.
Section 170(e)(6)(B)(i)(III) of the Internal Revenue Code
of 1986 (relating to the special rule for contributions of
computer technology and equipment for educational purposes)
is amended by striking ``section 213(2)(A) of the Library
Services and Technology Act (20 U.S.C. 9122(2)(A)'' and
inserting ``section 213(1)(A) of the Library Services and
Technology Act (20 U.S.C. 9122(1)(A))''.
SEC. 505. REPEALS.
(a) National Commission on Libraries and Information
Science Act.--Section 5 of the National Commission on
Libraries and Information Science Act (20 U.S.C. 1504) is
amended by striking subsections (b) and (c) and redesignating
subsections (d), (e), and (f) as subsections (b), (c), and
(d), respectively.
(b) Museum and Library Services Act of 1996.--Sections 704
through 707 of the Museum and Library Services Act of 1996
(20 U.S.C. 9102 note, 9103 note, and 9105 note) are repealed.
SEC. 506. EFFECTIVE DATE.
The amendments made by this Act shall take effect on
October 1, 2003.
______
By Mr. FRIST (for himself, Mr. Kennedy, Mr. Enzi, Mrs. Murray,
Mr. Roberts, and Mr. Graham of South Carolina):
S. 239. A bill to amend the Public Health Services Act to add
requirements regarding trauma care, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.
Mr. FRIST. Mr. President, each year, nearly one of every four
Americans are injured and require medical attention.
Among Americans younger than age 44, trauma is the leading killer.
While injury prevention programs have greatly reduced death and
disability, severe injuries will continue. Given the events of
September 11, 2001 and our Nation's renewed focus on enhancing disaster
preparedness, it is critical that the Federal Government increase its
commitment to strengthening programs governing trauma care system
planning and development.
The direct and indirect cost of injury is estimated to be about $260
billion a year. The death rate from unintentional injury is more than
50 percent higher in rural areas than in urban areas. It is essential
that all Americans
[[Page S1745]]
have access to a trauma system that provides definitive care as quickly
as possible.
In recent years, Congress has sought to address this issue through
the Trauma Care Systems Planning and Development Act, which provides
grants for the purpose of planning, implementing, and developing
statewide trauma care systems. However, this important program expired
last year before Congress could reauthorize it. Therefore, I am
introducing bipartisan legislation today, along with Senators Kennedy,
Enzi, Murray, Roberts and Graham of South Carolina to reauthorize this
important program.
Despite our past investments, one-half of the states in the country
are still without a statewide trauma care system. Clearly we can do
better. We must respond to the goals put forth by the Institute of
Medicine in 1999 that Congress ``support a greater national commitment
to, and support of, trauma care systems at the federal, state, and
local levels.''
Today's bill, the ``Trauma Care Systems Planning and Development Act
of 2003'', reauthorizes this program with several improvements: First,
it improves the collection and analysis of trauma patient data with the
goal of improving the overall system of care for these patients;
second, at this time of increasing pressure on state budgets, the bill
reduces the amount of matching funds that states will have to provide
to participate in the program so that we can extend quality trauma care
systems across the nation; third, the legislation provides a self-
evaluation mechanism to assist states in assessing and improving their
trauma care systems; fourth, it authorizes an Institute of Medicine
study on the state of trauma care and trauma research; and; finally, it
doubles the funding available for this program to allow additional
states to participate.
I appreciate the assistance of Senators Kennedy, Enzi, Murray,
Roberts and Graham of South Carolina on this important legislation, and
look forward to working with them, and with Senator Gregg, the Chairman
of the Senate Health, Education, Labor and Pensions Committee, to see
this bill passed this year.
Mr. KENNEDY. Mr. President, it is an honor to join Senator Frist in
introducing the Trauma Care Systems Planning and Development Act. Our
goal in this bipartisan legislation is to enable all States to develop
more effective trauma care systems.
Trauma is the No. 1 killer of Americans under age 44. Traumatic
injuries robs, devastate families and cost the Nation an estimated $60
billion every year. In 1995 alone, injuries were responsible for
148,000 deaths, 2.6 million hospitalizations, and over 36 million
emergency room visits.
Despite this toll, we have done little in recent years to prevent
trauma or improve the chance of recovery from traumatic injury. Part of
the problem is the widespread view that trauma is an accident, an
unfortunate and often unavoidable injury. But this is often not the
case.
Proven preventive measures could save up to 25,000 lives every year.
Better treatment systems can give victims a better chance of recovery,
by delivering quality care as quickly as possible.
A trauma system is a coordinated effort to provide the full range of
care to all injured patients. Treatment begins at the site of injury,
and continues from prehospital to hospital to rehabilitative services.
Resources, supporting equipment, and personnel are ready and trained to
go into action.
The skills and knowledge of health care experts are not enough.
Optimal care is the result of advance planning, preparation, and
coordination to produce smooth transitions and the proper sequence of
interventions. Effective trauma systems accomplish all this, saves
lives, and reduces costs.
Much of the progress in developing trauma systems has occurred as a
result of Federal funding and involvement. In 1973, Congress passed the
Emergency Medical Services Act, providing $300 million to States and
communities over an 8-year period. Without that funding, patients in
hundreds of regions in the Nation might not have had prompt access to
emergency care. Even today, there are parts of the Nation without 911
access and immediate emergency transportation.
In 1990, Congress passed the Trauma Care Systems Planning and
Development Act, authorizing Federal grants to States to develop
statewide trauma care systems. Funding for this program has been
inadequate. From 1995 to 2000, States received no funding at all. Last
year, only $3.5 million was appropriated for the entire country. As a
result, only half of all States today have fully functional statewide
trauma systems. Clearly, we must do better in providing needed trauma
care.
Our legislation reauthorizes and strengthens the trauma care program
to establish effective trauma systems in all States. It asks the
Institutes of Medicine to investigate the quality of trauma care and
identify areas for improvement. Surprisingly, given the burden of
trauma on society, less than 1 percent of resources at the NIH are
devoted to trauma research.
Our legislation is supported by the Coalition for American Trauma
Care, the American College of Surgeons, and the American Trauma
Society. Its enactment is important to public safety, and I urge the
Senate to approve it.
______
By Mr. FITZGERALD (for himself, Mr. Johnson, Mr. Hagel, and Mr.
Harkin):
S. 240. A bill to amend the Internal Revenue Code of 1986 to allow
allocation of small ethanol producer credit to patrons of cooperative,
and for other purposes; to the Committee on Finance.
Mr. FITZGERALD. Mr. President, I rise today to introduce legislation
that would extend the 10-cents-per-gallon small ethanol producers' tax
credit to small farmer-owned cooperatives. The measure, if approved by
Congress, could help boost ethanol production at a time when domestic
energy prices are on the rise and the United States is seeking to
reduce its dependence on foreign oil.
Under current law, small ethanol producers, those who make less than
30 million gallons of ethanol per year, are eligible for an additional
10-cents-per-gallon-tax credit for up to 15 million gallons of ethanol
each year. While the tax credit is intended to help maximize U.S.
ethanol production by aiding small producers that otherwise may not be
able to compete with larger companies, an unintended glitch in the law
bars small farm cooperatives from passing this credit on to their
farmers. Unfortunately, this glitch stifles production and penalizes
farmers who join cooperatives.
Farm cooperatives can be an efficient way for farmers to trim costs
and maximize income. We must ensure that our tax code does not penalize
farmers for pooling their resources in cooperatives. With rising energy
prices and a potentiality vast new market for ethanol in the Nation's
clean air program, we should encourage, not discourage, greater
production by ethanol cooperatives.
This legislation would revise existing tax law to permit farmer-owned
cooperatives to pass the small producers' ethanol tax credit on to
their members through dividends and allow these producers to treat this
income as if they had generated it directly.
The bill would also expand the number of producers eligible for the
tax credit by doubling the production limit from 30 million gallons of
ethanol a year 60 million gallons. Like most businesses, ethanol
production facilities must achieve economies of scale to be viable in a
competitive marketplace. Doubling the limit to 60 million gallons
simply modernizes the tax credit to reflect current economic realities.
I believe we must approach the new millennium with a renewed
commitment to keep our environment clean and safe, and I also believes
this objective is consistent with building and maintaining a strong
economy. Renewable energy is central to our long-term goal of energy
self-sufficiency. By expanding eligibility for the small producers'
ethanol tax credit, this bill could stimulate ethanol production and
ultimately help lessen our dependence on foreign sources of oil.
Realizing this important benefit, the Senate included this
legislation in the comprehensive energy legislation, H.R. 4, which
unfortunately, failed to emerge from conference committee prior to the
end of the 107th Congress. Additionally, this small ethanol producer
tax credit legislation was incorporated into Senator Grassley's ``Tax
[[Page S1746]]
Empowerment and Relief for Farmers and Fishermen, TERFF, Act,'' which
we also did not approve prior to adjournment of the last Congress. I
look forward to working with our new Finance Committee Chairman and my
co-sponsor, Senators Johnson, Hagel, and Harkin, to get this
legislation signed into law.
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. 240
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SMALL ETHANOL PRODUCER CREDIT.
(a) Allocation of Alcohol Fuels Credit to Patrons of a
Cooperative.--Subsection (g) of section 40 of the Internal
Revenue Code of 1986 (relating to alcohol used as fuel) is
amended by adding at the end the following new paragraph:
``(6) Allocation of small ethanol producer credit to
patrons of cooperative.--
``(A) Election to allocate.--
``(i) In general.--In the case of a cooperative
organization described in section 1381(a), any portion of the
credit determined under subsection (a)(3) for the taxable
year may, at the election of the organization, be apportioned
pro rata among patrons of the organization on the basis of
the quantity or value of business done with or for such
patrons for the taxable year.
``(ii) Form and effect of election.--An election under
clause (i) for any taxable year shall be made on a timely
filed return for such year. Such election, once made, shall
be irrevocable for such taxable year.
``(B) Treatment of organizations and patrons.--The amount
of the credit apportioned to patrons under subparagraph (A)--
``(i) shall not be included in the amount determined under
subsection (a) with respect to the organization for the
taxable year,
``(ii) shall be included in the amount determined under
subsection (a) for the taxable year of each patron for which
the patronage dividends for the taxable year described in
subparagraph (A) are included in gross income, and
``(iii) shall be included in gross income of such patrons
for the taxable year in the manner and to the extent provided
in section 87.
``(C) Special rules for decrease in credits for taxable
year.--If the amount of the credit of a cooperative
organization determined under subsection (a)(3) for a taxable
year is less than the amount of such credit shown on the
return of the cooperative organization for such year, an
amount equal to the excess of--
``(i) such reduction, over
``(ii) the amount not apportioned to such patrons under
subparagraph (A) for the taxable year,
shall be treated as an increase in tax imposed by this
chapter on the organization. Such increase shall not be
treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this chapter or
for purposes of section 55.''.
(b) Improvements to Small Ethanol Producer Credit.--
(1) Definition of small ethanol producer.--Section 40(g) of
such Code (relating to definitions and special rules for
eligible small ethanol producer credit) is amended by
striking ``30,000,000'' each place it appears and inserting
``60,000,000''.
(2) Small ethanol producer credit not a passive activity
credit.--Clause (i) of section 469(d)(2)(A) of such Code is
amended by striking ``subpart D'' and inserting ``subpart D,
other than section 40(a)(3),''.
(3) Allowing credit against entire regular tax and minimum
tax.--
(A) In general.--Subsection (c) of section 38 of such Code
(relating to limitation based on amount of tax) is amended by
redesignating paragraph (4) as paragraph (5) and by inserting
after paragraph (3) the following new paragraph:
``(4) Special rules for small ethanol producer credit.--
``(A) In general.--In the case of the small ethanol
producer credit--
``(i) this section and section 39 shall be applied
separately with respect to the credit, and
``(ii) in applying paragraph (1) to the credit--
``(I) the amounts in subparagraphs (A) and (B) thereof
shall be treated as being zero, and
``(II) the limitation under paragraph (1) (as modified by
subclause (I)) shall be reduced by the credit allowed under
subsection (a) for the taxable year (other than the small
ethanol producer credit).
``(B) Small ethanol producer credit.--For purposes of this
subsection, the term `small ethanol producer credit' means
the credit allowable under subsection (a) by reason of
section 40(a)(3).''.
(B) Conforming amendments.--Subclause (II) of section
38(c)(2)(A)(ii) and subclause (II) of section 38(c)(3)(A)(ii)
are each amended by inserting ``or the small ethanol producer
credit'' after ``employee credit''.
(4) Small ethanol producer credit not added back to income
under section 87.--Section 87 of such Code (relating to
income inclusion of alcohol fuel credit) is amended to read
as follows:
``SEC. 87. ALCOHOL FUEL CREDIT.
``Gross income includes an amount equal to the sum of--
``(1) the amount of the alcohol mixture credit determined
with respect to the taxpayer for the taxable year under
section 40(a)(1), and
``(2) the alcohol credit determined with respect to the
taxpayer for the taxable year under section 40(a)(2).''.
(c) Conforming Amendment.--Section 1388 of such Code
(relating to definitions and special rules for cooperative
organizations) is amended by adding at the end the following
new subsection:
``(k) Cross Reference.--For provisions relating to the
apportionment of the alcohol fuels credit between cooperative
organizations and their patrons, see section 40(g)(6).''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______
By Ms. SNOWE (for herself, Mr. Kerry, Mr. McCain, and Mr.
Hollings):
S. 241. A bill to amend the Coastal Zone Management Act; read the
first time.
Ms. SNOWE. Mr. President, I rise today to support the Coastal Zone
Enhancement Reauthorization Act of 2003. I am pleased to have
bipartisan support for this bill and to be joined by the chair and
ranking Democrats of the Commerce Committee and the Subcommittee on
Oceans and Fisheries. Senators McCain, Hollings, and Kerry have been
instrumental in developing the wide range of support for this bill, and
I appreciate their interest in improving the way we manage our Nation's
valuable coastal and marine resources.
In 1972, Congress responded to concerns over the increasing demands
being placed on our nation's coastal regions and resources by enacting
of the Coastal Zone Management Act. These pressures have greatly
increased since the act was originally authorized.
Although the coastal zone only comprises 10 percent of the contiguous
U.S. land area, nearly 53 percent of all Americans live in these
coastal regions, and more than 3,600 people are relocating there
annually. This small portion of our country supports approximately 361
sea-ports, contains most of our largest cities, and serves as critical
habitat for a variety of plants and animals.
This bill reauthorizes and makes a number of important improvements
to the Coastal Zone Management Act. Under the authorities in this act,
coastal States can choose to participate in the voluntary Federal
Coastal Zone Management Program. States then design individual coastal
zone management programs, taking their specific needs and problems into
account, and then receive federal matching funds to help carry out
their program plans. State coastal zone programs manage issues ranging
from public access to beaches, to protecting habitat, to coordinating
permits for coastal development.
As voluntary program, the framework of the CZMA provides guidelines
for State plans to address multiple environmental, societal, cultural,
and economic objectives.
The health of our coastal zone is vitally important not only to the
multitude of plants and animals that inhabit this area, but also to the
people and communities that are dependent on it for their livelihood.
For example, coastal areas provide habitat for more than 75 percent of
the U.S. commercial fisheries and 85 percent of the U.S. recreational
fisheries. In turn, the commercial fishing industry, along with value-
added services included, contributes $40 billion to the U.S. economy
each year. Recreational fishing adds another $25 billion to the
economy.
The Coastal Zone Management Program can be used to help balance the
conservation of fish stocks with the demands that we place on coastal
areas. In my State of Maine, a $150,000 study of the State's cargo
needs led to a $27 million bond issue for cargo port improvements. As a
result, Bath Iron Works built a new $45 million facility, creating
1,000 new jobs. Similar work needs to be done with our fishing ports so
that when fisheries stock rebound, the fishermen will be able to
realize the returns.
Unfortunately our precious coastal resources are being threatened by
environmental problems, including non-point source pollution. Although
the States are currently taking action to
[[Page S1747]]
address this problem under existing authority, the Coastal Zone
Enhancement Reauthorization Act of 2003 encourages, but does not
require, them to take additional steps to combat these problems through
the Coastal Community Program.
This initiative provides States with the funding and flexibility
needed to deal with their specific nonpoint source pollution problems.
The States will have the ability to implement local solutions to a
broad array of local problems. Many States are actively engaged in
nonpoint source pollution programs and all can benefit from this new
tool I am proud to say that Maine has risen to the challenge and
already spends close to 30 percent of its funding on such activities.
This has led to the reopening of hundreds of acres of shellfish beds
and the restoration of fish nursery areas. Even with these successes,
Maine is looking forward to this new opportunity to do more.
The Coastal Community Program in this bill also aides States in
developing and implementing creative initiatives to deal with problems
other than nonpoint source pollution. It increases Federal and State
support of Local community-based programs that address coastal
environmental issues, such as the impact of development and sprawl on
coastal uses and resources. This type of bottom-up management approach
is critical.
The Coastal Zone Enhancement Reauthorization Act of 2003
significantly increases the authorization levels for the Coastal Zone
Management Program, allowing States to better address their coastal
management plan goals. The bill authorizes $135.5 million for fiscal
year 2004, $141 million for fiscal year 2005 and increases the
authorization levels by $5.5 million each year through fiscal year
2008. This increase in funding is necessary to allow the coastal
programs to reach their full potential.
Additionally, the Coastal Zone Enhancement Reauthorization Act of
2003 increases authorization for the National Estaurine Research
Reserve System, NERRS, to $13 million in fiscal year 2004 with an
additional $1 million increase each year through fiscal year 2008.
NERRS is a network of reserves across the country that are operated as
a cooperative Federal-State partnership.
Currently, there are 25 reserves in 22 States. They provide an
important opportunity for long-term research and education in these
ecosystems. Additional funds will help strengthen this nationwide
program which has not received increased funding commensurate with the
addition of new reserves.
I wish to address a very serious problem facing the Coastal Zone
Management Program that we have tried to rectify in this bill. The
Administrative Grant Program, section 306, serves as the base funding
mechanism for the States' coastal zone management programs. The amount
of funding each State receives is determined by a formula that takes
into account both the length of the coastline and the population of
each State.
However, sine 1992, the Appropriations Committee has imposed a $2
million dollar cap per State on administrative grants. This was an
attempt to ensure equitable allocation to all the participating States.
Over the past 8 years, appropriations for administrative grants have
increased by $19 million, yet the $2 million cap has remained. The
result has been an inequitable distribution of these new funds. By
fiscal year 2000, 13 States had reached this arbitrary $2 million cap.
These 13 States account for 83 percent of our Nation's coastline and 76
percent of our coastal population.
It is not equitable to have the 13 States with the largest coastlines
and populations stuck at a $2 million dollar cap, despite major overall
funding increases. While smaller States have enjoyed additional
programmatic success due to an influx of funding, some of the larger
States have stagnated.
In an attempt to reassure members of the Appropriations Committee
that a fair distribution of funds can occur without this hard cap in
place, I have worked with Senator Hollings to develop language that has
been included in this bill that directs the Secretary of Commerce to
ensure equitable increases or decreases between funding years for each
State. It further requires that States should not experience a decrease
in base program funds in any year when the overall appropriations
increase.
I thank Senator Hollings for his assistance in resolving this matter
and his commitment over the years to ensuring that the states are
treated fairly.
The Coastal Zone Management Program enjoys wide support among all of
the coastal States due to its history of success. This support has been
clearly demonstrated by the many members of the Commerce Committee who
have worked with me to strengthen this program over the past several
years.
I thank Senator Kerry, the ranking Democrat of the Oceans and
Fisheries Subcommittee, for his hard work and support of this bill. I
would also like to express my appreciation to Senator McCain, the
chairman of the Commerce Committee, and Senator Hollings, the ranking
Democrat of the Committee, for their support of this measure and for
their willingness to discharge this bill out of the committee so that
we may begin working with our colleagues in the House of
Representatives to enact this critical piece of legislation.
This is a solid, reasonable, and a realistic bill that enjoys
bipartisan support on the Commerce Committee. It is time that we now
turn to legislation reauthorizing a program with a long track record of
preserving our coastal environment while allowing sensible development.
I am pleased to support this legislation that will provide the States
with the necessary funding and framework to meet the challenges facing
our coastal communities in the 21st Century. I urge my colleagues to
support.
______
By Mr. DOMENICI (for himself and Mr. Bennett):
S. 242. A bill to amend the Internal Revenue Code of 1986 to provide
the same capital gains treatment for art and collectibles as for other
investment property and to provide that a deduction equal to fair
market value shall be allowed for charitable contributions of literary,
musical, artistic, or scholarly compositions created by the donor; to
the Committee on Finance.
Mr. DOMENICI. Mr. President, I rise today to introduce again
legislation to eliminate one of the great inconsistencies in the
Internal Revenue Code.
The bill I am introducing today with Senator Bennett is designed to
restore some internal consistency to the tax code as it applies to art
and artists. No one has ever said that the tax code is fair even though
it has always been a theoretical objective of the code to treat similar
taxpayers similarly.
The bill I am introducing today would address two areas where
similarly situated taxpayers are not treated the same.
Internal inconsistency #1 deals with the long-term capital gains tax
treatment of investments in art and collectibles. If a person invests
in stocks or bonds, holds the asset for the requisite period of time,
and sells at a gain, the tax treatment is long term capital gains. The
top capital gains tax rate is 20 percent, 18 percent, if the asset is
held for five or more years. However, if the same person invests in art
or collectibles the top rate is hiked up to 28 percent. Art for art's
sake should not incur an additional 40 percent tax bill simply for
revenue's sake. That is a big impact on the pocketbook of the beholder.
Art and collectibles are alternatives to financial instruments as an
investment choice. To create a tax disadvantage with respect to one
investment compared to another creates an artificial market and may
lead to poor investment allocations. It also adversely impacts those
who make their livelihood in the cultural sectors of the economy.
Santa Fe, NM, is the third largest art market in the country. We have
a diverse colony of artists, collectors and gallery owners. We have
fabulous Native American rug weavers, potters, and carvers. Creative
giants like Georgia O'Keeffe, Maria Martinez, E.L. Blumenshein, Allan
Houser, R.C. Gorman, and Glenna Goodacre have all chosen New Mexico as
their home and as their artistic subject. John Nieto, Wilson Hurley,
Clark Hulings, Veryl Goodnight, Bill Acheff, Susan Rothenberg, Bruce
Nauman, Agnes Martin, Doug Hyde, Margaret Nez, Dan
[[Page S1748]]
Ostermiller are additional examples of living artists creating art in
New Mexico.
Art, antiques, and collectibles are a $12 to $20 billion annual
industry nationwide. In New Mexico, it has been estimated that art and
collectible sales range between $500 million and $1 billion a year.
Economists have always been interested in the economics of the arts.
Adam Smith is a well-known economist. He was also a serious, but
little-known essayist on painting, dancing, and poetry. Keynes was a
passionate devotee of painting.
Even the artistically inclined economists found it difficult to
define art within the context of economic theory. When asked to define
jazz, Louis Armstrong replied: ``If you gotta ask, you ain't never
going to know.''
A similar conundrum has challenged Galbraith and other economists who
have grappled with the definitional issues associated with bringing art
within the economic calculus. Original art objects are, as a commodity
group, characterized by a set of attributes: every unit of output is
differentiated from every other unit of output; art works can be copied
but not reproduced; the cultural capital of the Nation has significant
elements of public good.
Because art works can be resold, and their prices may rise over time,
they have the characteristics of financial assets, and as such may be
sought as a hedge against inflation, as a store of wealth, or as a
source of speculative capital gain. A study by Keishiro Matsumoto,
Samuel Andoh and James P. Hoban, Jr. assessed the risk-adjusted rates
of return on art sold at Sotheby's during the 14-year period ending
September 30, 1989. They concluded that art was a good investment in
terms of average real rates of return. Several studies found that rates
of return from the price appreciation on paintings, comic books,
collectibles and modern prints usually made them very attractive long-
term investments.
William Goetzmann when he was at the Columbia Business School
constructed an art index and concluded that painting price movements
and stock market fluctuations are correlated.
I conclude that with art, as well as stocks, past performance is no
guarantee of future returns but the gains should be taxed the same.
In 1990, the editor of Art and Auction asked the question: ``Is there
an `efficient' art market?'' A well-known art dealer answered
``Definitely not. That's one of the things that makes the market so
interesting.'' For everyone who has been watching world financial
markets lately, the art market may be a welcome distraction.
Why do people invest in art and collectibles? Art and collectibles
are something you can appreciate even if the investment doesn't
appreciate. Art is less volatile. If buoyant and not so buoyant bond
prices drive you berserk and spiraling stock prices scare you, art may
be the appropriate investment. Because art and collectibles are
investments, the long-term capital gains tax treatment should be the
same as for stocks and bonds. This bill would accomplish that.
Artists will benefit. Gallery owners will benefit. Collectors will
benefit. And museums benefit from collectors. About 90 percent of what
winds up in museums like the New York's Metropolitan Museum of Art
comes from collectors.
Collecting isn't just for the hoyty toity. It seems that everyone
collects something. Some collections are better investments than
others. Some collections are just bizarre. The internet makes
collecting big business.
The flea market fanatics are also avid collectors. In fact, people
collect the darndest things. Books, duck decoys, chia pets, snowglobes,
thimbles, handcuffs, spectacles, baseball cards, and guns.
For most of these collections, capital gains isn't really an issue,
but you never know. You may find that your collecting passion has
created a tax predicament, to phrase it politely. Art and collectibles
are tangible assets. When you sell them, capital gains tax is due on
any appreciation over your purchase price.
The bill provides capital gains tax parity because it lowers the top
capital gains rate from 28 percent to 20 percent, 18 percent if the
asset has been held for five or more years.
Internal inconsistency #2 deals with the charitable deduction for
artists donating their work to a museum or other charitable cause. When
someone is asked to make a charitable contribution to a museum or to a
fund raising auction it shouldn't matter whether you are an artist or
not. Under current law, however, it makes a big difference. As the law
stands now, an artist/creator can only take a deduction equal to the
cost of the art supplies. The bill I am introducing will allow a fair
market deduction for the artist.
It's important to note that this bill includes certain safeguards to
keep the artist from ``painting himself a tax deduction.'' This bill
applies to literary, musical, artistic, and scholarly compositions if
the work was created at least 18 months before the donation was made,
has been appraised, and is related to the purpose or function of the
charitable organization receiving the donation. As with other
charitable contributions, it is limited to 50 percent of adjusted gross
income, AGI. If it is also a capital gain, there is a 30 percent of AGI
limit. I believe these safeguards bring fairness back into the code and
protect the Treasury against my potential abuse.
When I introduced this legislation in the last Congress, the
Committee on Joint Tax estimated that revenue for the capital gains
provision was $2.3 billion over ten years and for the charitable
deduction was approximately $48 million over ten years.
I hope my colleagues will help me put the internally consistent into
the Internal Revenue Code for art's sake.
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. 242
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 ``Art and Collectibles Capital
Gains Tax Treatment Parity Act''.
SEC. 2. CAPITAL GAINS TREATMENT FOR ART AND COLLECTIBLES.
(a) In General.--Section 1(h) of the Internal Revenue Code
of 1986 (relating to maximum capital gains rate) is amended
by striking paragraphs (5) and (6) and inserting the
following new paragraph:
``(5) 28-percent rate gain.--For purposes of this
subsection, the term `28-percent rate gain' means the excess
(if any) of--
``(A) section 1202 gain, over
``(B) the sum of--
``(i) the net short-term capital loss, and
``(ii) the amount of long-term capital loss carried under
section 1212(b)(1)(B) to the taxable year.''.
(b) Conforming Amendments.--
(1) Section 1(h)(9) of the Internal Revenue Code of 1986 is
amended by striking ``collectibles gain, gain described in
paragraph (7)(A)(i),'' and inserting ``gain described in
paragraph (7)(A)(i)''.
(2) Section 1(h) of such Code is amended by redesignating
paragraph (12) as paragraph (6).
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2002.
SEC. 3. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY
THE TAXPAYER.
(a) In General.--Subsection (e) of section 170 of the
Internal Revenue Code of 1986 (relating to certain
contributions of ordinary income and capital gain property)
is amended by adding at the end the following new paragraph:
``(7) Special rule for certain contributions of literary,
musical, artistic, or scholarly compositions.--
``(A) In general.--In the case of a qualified artistic
charitable contribution--
``(i) the amount of such contribution taken into account
under this section shall be the fair market value of the
property contributed (determined at the time of such
contribution), and
``(ii) no reduction in the amount of such contribution
shall be made under paragraph (1).
``(B) Qualified artistic charitable contribution.--For
purposes of this paragraph, the term `qualified artistic
charitable contribution' means a charitable contribution of
any literary, musical, artistic, or scholarly composition, or
similar property, or the copyright thereon (or both), but
only if--
``(i) such property was created by the personal efforts of
the taxpayer making such contribution no less than 18 months
prior to such contribution,
``(ii) the taxpayer--
``(I) has received a qualified appraisal of the fair market
value of such property in accordance with the regulations
under this section, and
[[Page S1749]]
``(II) attaches to the taxpayer's income tax return for the
taxable year in which such contribution was made a copy of
such appraisal,
``(iii) the donee is an organization described in
subsection (b)(1)(A),
``(iv) the use of such property by the donee is related to
the purpose or function constituting the basis for the
donee's exemption under section 501 (or, in the case of a
governmental unit, to any purpose or function described under
section 501(c)),
``(v) the taxpayer receives from the donee a written
statement representing that the donee's use of the property
will be in accordance with the provisions of clause (iv), and
``(vi) the written appraisal referred to in clause (ii)
includes evidence of the extent (if any) to which property
created by the personal efforts of the taxpayer and of the
same type as the donated property is or has been--
``(I) owned, maintained, and displayed by organizations
described in subsection (b)(1)(A), and
``(II) sold to or exchanged by persons other than the
taxpayer, donee, or any related person (as defined in section
465(b)(3)(C)).
``(C) Maximum dollar limitation; no carryover of increased
deduction.--The increase in the deduction under this section
by reason of this paragraph for any taxable year--
``(i) shall not exceed the artistic adjusted gross income
of the taxpayer for such taxable year, and
``(ii) shall not be taken into account in determining the
amount which may be carried from such taxable year under
subsection (d).
``(D) Artistic adjusted gross income.--For purposes of this
paragraph, the term `artistic adjusted gross income' means
that portion of the adjusted gross income of the taxpayer for
the taxable year attributable to--
``(i) income from the sale or use of property created by
the personal efforts of the taxpayer which is of the same
type as the donated property, and
``(ii) income from teaching, lecturing, performing, or
similar activity with respect to property described in clause
(i).
``(E) Paragraph not to apply to certain contributions.--
Subparagraph (A) shall not apply to any charitable
contribution of any letter, memorandum, or similar property
which was written, prepared, or produced by or for an
individual while the individual is an officer or employee of
any person (including any government agency or
instrumentality) unless such letter, memorandum, or similar
property is entirely personal.
``(F) Copyright treated as separate property for partial
interest rule.--In the case of a qualified artistic
charitable contribution, the tangible literary, musical,
artistic, or scholarly composition, or similar property and
the copyright on such work shall be treated as separate
properties for purposes of this paragraph and subsection
(f)(3).''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made after the date of the
enactment of this Act in taxable years ending after such
date.
______
By Mr. DOMENICI (for himself and Mr. Bingaman):
S. 246. A bill to provide that certain Bureau of Land Management land
shall be held in trust for the Pueblo of Santa Clara and the Pueblo of
San Ildefonso in the State of New Mexico; to the Committee on Energy
and Natural Resources.
Mr. DOMENICI. Mr. President, I am pleased to be joined by Senator
Bingaman in introducing legislation that declares the United States
holds certain public domain lands in trust for the Pueblos of San
Ildefonso and Santa Clara in New Mexico. This body, in the 107th
Congress, passed this legislation by unanimous consent. The House did
not act on it's companion and so we are here today to reintroduce the
legislation.
In 1988 the Bureau of Land Management, BLM, pursuant to the Federal
Lands Policy and Management Act, declared approximately 4,484 acres
located in the eastern foothills of the Jemez Mountains in north
central New Mexico, including portions of Garcia and Chupadero Canyons,
to be ``disposal property.'' The Garcia Canyon surplus lands qualify
for disposal partially because the track is an isolated tract of land
almost inaccessible to the general public. It is bordered on three
sides by the reservations of Santa Clara Pueblo and the Pueblo of San
Ildefonso, and by U.S. Forest Service land on the remaining side. The
only road access consists of unimproved roads through the two Pueblo's
reservations. These factors have resulted in minimal or no public usage
of the Garcia Canyon surplus lands in recent decades.
I understand that currently there are no resource permits, leases,
patents or claims affecting these lands; nor is it likely that any
significant minerals exist with the Garcia Canyon transfer lands. The
Garcia Canyon transfer lands contain a limited amount of lesser quality
forage for livestock and have not been actively grazed for over a
decade. However, the Garcia Canyon surplus lands constitute an
important part of the ancestral homelands of the Pueblos of Santa Clara
and San Ildefonso.
Santa Clara and San Ildefonso are two of the Tewa-speaking federally-
recognized Indian Pueblos of New Mexico. Both Pueblos have occupied and
controlled the areas where they are presently located many centuries
before the arrival of the first Europeans in the area in the late 16th
century. Their homelands are defined by geographical landmarks,
cultural sites, and other distinct places whose traditional Tewa names
and locations have been known and passed down in each Pueblo through
the generations. Based upon these boundaries, about 2,000 acres of the
Garcia Canyon surplus lands is within the aboriginal domain of the
Pueblo of San Ildefonso. The remaining approximately 2,484 acres are in
Santa Clara's aboriginal lands.
The Bureau of Land Management currently seeks to dispose of the
Garcia Canyon surplus lands and the Pueblos of Santa Clara and San
Ildefonso seek to obtain these lands. In addition, the BLM and Interior
Department for years have supported the transfer of the land to the two
Pueblos, provided the Pueblos agree upon a division of the Garcia
Canyon surplus lands. In response, the two Pueblos signed a formal
agreement affirming the boundary between the respective parcels on
December 20, 2000.
The Pueblos of Santa Clara and San Ildefonso have worked diligently
in arriving at this agreement. They have also worked collaboratively in
seeking community support and garnering supporting resolutions from Los
Alamos, Rio Arriba and Santa Fe Counties, the National Congress of
American Indians and supporting letters from the National Audubon
Society's New Mexico State Office, the Quivira Coalition and the Santa
Fe Group of the Sierra Club.
This unique situation presents a win-win opportunity to support more
efficient management of public resources while restoring to tribal
control isolated tracts of federal disposal property. Upon transfer,
the Pueblos of Santa Clara and San Ildefonso intend to maintain these
lands in their natural state and use them for sustainable traditional
purposes including cultural resource gathering, hunting and possible
livestock grazing. Where appropriate, both tribes are interested in
performing work to restore and improve ecosystem health, particularly
to support habitat for culturally significant animal and plant species.
Both Pueblos have experience Natural Resource Management and
Environmental Protection programs and are capable of managing these
lands for both ecologic health and community benefits.
We want to secure Congressional authorization to transfer control of
these lands to the two Pueblos, with legal title being held in trust by
the Secretary of the Interior for each of the Pueblos for their
respective portions of the property. I urge my colleagues to support
this legislation as they did last term. I ask unanimous consent that
the text of the bill be printed in the Record.
S. 246
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement
entitled ``Agreement to Affirm Boundary Between Pueblo of
Santa Clara and Pueblo of San Ildefonso Aboriginal Lands
Within Garcia Canyon Tract'', entered into by the Governors
on December 20, 2000.
(2) Boundary line.--The term ``boundary line'' means the
boundary line established under section 4(a).
(3) Governors.--The term ``Governors'' means--
(A) the Governor of the Pueblo of Santa Clara, New Mexico;
and
(B) the Governor of the Pueblo of San Ildefonso, New
Mexico.
(4) Indian tribe.--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).
(5) Pueblos.--The term ``Pueblos'' means--
(A) the Pueblo of Santa Clara, New Mexico; and
(B) the Pueblo of San Ildefonso, New Mexico.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
[[Page S1750]]
(7) Trust land.--The term ``trust land'' means the land
held by the United States in trust under section 2(a) or
3(a).
SEC. 2. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO.
(a) In General.--All right, title, and interest of the
United States in and to the land described in subsection (b),
including improvements on, appurtenances to, and mineral
rights (including rights to oil and gas) to the land, shall
be held by the United States in trust for the Pueblo of Santa
Clara, New Mexico.
(b) Description of Land.--The land referred to in
subsection (a) consists of approximately 2,484 acres of
Bureau of Land Management land located in Rio Arriba County,
New Mexico, and more particularly described as--
(1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico
Principal Meridian, that is located north of the boundary
line;
(2) the southern half of T. 20 N., R. 7 E., Sec. 23, New
Mexico Principal Meridian;
(3) the southern half of T. 20 N., R. 7 E., Sec. 24, New
Mexico Principal Meridian;
(4) T. 20 N., R. 7 E., Sec. 25, excluding the 5-acre tract
in the southeast quarter owned by the Pueblo of San
Ildefonso;
(5) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico
Principal Meridian, that is located north and east of the
boundary line;
(6) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico
Principal Meridian, that is located north of the boundary
line;
(7) the portion of T. 20 N., R. 8 E., Sec. 19, New Mexico
Principal Meridian, that is not included in the Santa Clara
Pueblo Grant or the Santa Clara Indian Reservation; and
(8) the portion of T. 20 N., R. 8 E., Sec. 30, that is not
included in the Santa Clara Pueblo Grant or the San Ildefonso
Grant.
SEC. 3. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO.
(a) In General.--All right, title, and interest of the
United States in and to the land described in subsection (b),
including improvements on, appurtenances to, and mineral
rights (including rights to oil and gas) to the land, shall
be held by the United States in trust for the Pueblo of San
Ildefonso, New Mexico.
(b) Description of Land.--The land referred to in
subsection (a) consists of approximately 2,000 acres of
Bureau of Land Management land located in Rio Arriba County
and Santa Fe County in the State of New Mexico, and more
particularly described as--
(1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico
Principal Meridian, that is located south of the boundary
line;
(2) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico
Principal Meridian, that is located south and west of the
boundary line;
(3) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico
Principal Meridian, that is located south of the boundary
line;
(4) T. 20 N., R. 7 E., Sec. 34, New Mexico Principal
Meridian; and
(5) the portion of T. 20 N., R. 7 E., Sec. 35, New Mexico
Principal Meridian, that is not included in the San Ildefonso
Pueblo Grant.
SEC. 4. SURVEY AND LEGAL DESCRIPTIONS.
(a) Survey.--Not later than 180 days after the date of
enactment of this Act, the Office of Cadastral Survey of the
Bureau of Land Management shall, in accordance with the
Agreement, complete a survey of the boundary line established
under the Agreement for the purpose of establishing, in
accordance with sections 2(b) and 3(b), the boundaries of the
trust land.
(b) Legal Descriptions.--
(1) Publication.--On approval by the Governors of the
survey completed under subsection (a), the Secretary shall
publish in the Federal Register--
(A) a legal description of the boundary line; and
(B) legal descriptions of the trust land.
(2) Technical corrections.--Before the date on which the
legal descriptions are published under paragraph (1)(B), the
Secretary may correct any technical errors in the
descriptions of the trust land provided in sections 2(b) and
3(b) to ensure that the descriptions are consistent with the
terms of the Agreement.
(3) Effect.--Beginning on the date on which the legal
descriptions are published under paragraph (1)(B), the legal
descriptions shall be the official legal descriptions of the
trust land.
SEC. 5. ADMINISTRATION OF TRUST LAND.
(a) In General.--Beginning on the date of enactment of this
Act--
(1) the land held in trust under section 2(a) shall be
declared to be a part of the Santa Clara Indian Reservation;
and
(2) the land held in trust under section 3(a) shall be
declared to be a part of the San Ildefonso Indian
Reservation.
(b) Applicable Law.--
(1) In general.--The trust land shall be administered in
accordance with any law (including regulations) or court
order generally applicable to property held in trust by the
United States for Indian tribes.
(2) Pueblo lands act.--The following shall be subject to
section 17 of the Act of June 7, 1924 (commonly known as the
``Pueblo Lands Act'') (25 U.S.C. 331 note):
(A) The trust land.
(B) Any land owned as of the date of enactment of this Act
or acquired after the date of enactment of this Act by the
Pueblo of Santa Clara in the Santa Clara Pueblo Grant.
(C) Any land owned as of the date of enactment of this Act
or acquired after the date of enactment of this Act by the
Pueblo of San Ildefonso in the San Ildefonso Pueblo Grant.
(c) Use of Trust Land.--
(1) In general.--Subject to the criteria developed under
paragraph (2), the trust land may be used only for--
(A) traditional and customary uses; or
(B) stewardship conservation for the benefit of the Pueblo
for which the trust land is held in trust.
(2) Criteria.--The Secretary shall work with the Pueblos to
develop appropriate criteria for using the trust land in a
manner that preserves the trust land for traditional and
customary uses or stewardship conservation.
(3) Limitation.--Beginning on the date of enactment of this
Act, the trust land shall not be used for any new commercial
developments.
SEC. 6. EFFECT.
Nothing in this Act--
(1) affects any valid right-of-way, lease, permit, mining
claim, grazing permit, water right, or other right or
interest of a person or entity (other than the United States)
that is--
(A) in or to the trust land; and
(B) in existence before the date of enactment of this Act;
(2) enlarges, impairs, or otherwise affects a right or
claim of the Pueblos to any land or interest in land that
is--
(A) based on Aboriginal or Indian title; and
(B) in existence before the date of enactment of this Act;
(3) constitutes an express or implied reservation of water
or water right with respect to the trust land; or
(4) affects any water right of the Pueblos in existence
before the date of enactment of this Act.
______
By Ms. SNOWE (for herself and Mr. Breaux):
S. 247. A bill to reauthorize the Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998, and for other purposes; to the
Committee on Commerce, Science, and Transportation.
Ms. SNOWE. Mr. President, I rise today to introduce the Harmful Algal
Bloom and Hypoxia Amendments Act of 2003. This bill continues and
builds upon the research efforts established in 1998 by the Harmful
Algal Bloom and Hypoxia Research and Control Act.
I am very pleased to continue working with my friend and co-sponsor
Senator Breaux on this important issue. He and I represent coastal
States that are directly affected by harmful algal bloom outbreaks and
hypoxia, and we see the ecological and economic damage, as well as the
risks to human health, that are caused by these events.
In Maine, for example, harmful algal blooms lead to paralytic
shellfish poisoning, a potentially fatal neurological disorder. When
humans eat shellfish that have fed on algae in the genus Alexandrium,
they are exposed to the toxins that have accumulated in the fish as a
result of the algae. Along with human, fish and marine mammals suffer
and die from this exposure. This phenomenon, which occurs along
thousands of miles of U.S. coastline, has increased dramatically in the
Gulf of Maine in the last 20 years.
Although we have learned a great deal about harmful algal blooms and
hypoxia in recent years, we still have a long way to go in
understanding, predicting, and mitigating these events. Massive fish
kills still occur along our coastlines on almost a regular basis,
leading to extensive impacts on fish and shellfish populations and
fishing industries. Beach-goers and anglers are still being warned of
``no swimming'' and ``no fishing'' alerts when conditions pose a threat
to human health. The Woods Hole Oceanographic Institution, in a 2000
study, estimated the annual economic impact from harmful algae to be
$49 million, in lost tourism, fishing, and health costs. According to
the National Oceanic and Atmospheric Administration, in the U.S.
approximately $1 billion could be lost in the next decade due to
harmful algae.
Harmful algal blooms and hypoxia present enormous challenges to
marine resource managers. For example, consider what happens in the
Gulf of Mexico. Thirty-one States drain into the Mississippi River, and
the runoff from this massive watershed is carried into the gulf. When
the waters heat up in the summer, the heavy loads of nutrients in this
runoff likely contribute to massive algal blooms. When these algae die
and decompose they are consumed by bacteria, which depletes oxygen from
the water. If the algal blooms are extensive enough, they will
essentially remove all oxygen from the water. No sea life can live
under these conditions, which creates a massive area in the water
column known as the
[[Page S1751]]
``dead zone.'' At that point, all we can really do is wait it out.
Clearly, we need to equip our coastal and ocean managers with better
tools for predicting, minimizing, and mitigating these outbreaks.
Harmful algal blooms and hypoxia are just as much of a problem now as
they were in 1998, when we passed the original bill. It is clear that
these problems have not gone away. Algal blooms are still prevalent
around the country, the dead zone still occurs each summer in the Gulf
of Mexico, and the management and mitigation measures we set the
framework for in our 1998 bill still need to be realized.
Our 1998 bill authorized a cross-section of research and monitoring
activities on harmful algal blooms and hypoxia. These activities were
to encompass basic and applied sciences, looking at the distribution
and frequency of outbreaks, as well as how they may be better mitigated
and managed. This research, however, was never fully funded at the
authorized amounts for research and monitoring, so many of these
research activities still need to occur, and many on-going projects
need to continue. These amendments would authorize the funding that
will reignite these scientific activities.
Our 1998 bill also codified an Interagency Task Force, chaired by the
Department of Commerce. Through this group, experts from the
Environmental Protection Agency, the Department of Agriculture, the
Department of the Interior, the Department of Health and Human
Services, and numerous other appropriate Federal agencies were able to
start the long process of collectively understanding and seeking
solutions to many aspects of harmful algal blooms and hypoxia. This
Task Force spearheaded a technical assessment of the causes and
consequences of the northern Gulf of Mexico dead zone, an action plan
to eliminate this dead zone, a national assessment of harmful algal
blooms, and a national assessment of hypoxia. I would like to express
my appreciation for the hard work and accomplishments of this group,
yet I realize--as do they--that much more needs to be done.
The 1998 bill allowed the President to disestablish the Task Force
after submission of their reports. Considering the great challenges
that lay before us and this Task Force, we need to keep this group
intact so that they can follow through on their previous
recommendations and continue much of their ongoing collaborative
efforts. This bill would repeal the Task Force disestablishment clause
in the 1998 bill.
This reauthorization continues to seek the valuable contributions of
Task Force members on a response and prediction action plan to protect
environmental and public health from impacts of harmful algal blooms.
This plan would review prediction techniques, develop innovative
response measures, and include incentive-based partnership approaches.
The Task Force would contribute to this plan, as would coastal zone
management experts from State and local governments, Indian tribes,
industries, universities, and non-governmental organizations. In
developing this process, we mirrored the process used for the dead zone
action plan, one of the products of the Task Force from the 1998 bill,
to ensure widespread public participation and involvement of the
coastal governors.
The dead zone action plan recommended a national framework for
reducing nutrients entering the Mississippi River as well as regional
plans to implement any needed measures. While a national framework is
essential for facilitating the widespread changes that are needed, it
is at the local and regional level that solutions must be developed and
implemented. The regional plans will help avoid a one-size-fits-all
approach, since local and regional variations in the types of land use,
landscape geology, and community input should be taken into account
when carrying out nutrient reduction and outbreak mitigation measures
of this magnitude. By tailoring mitigation and management measures to
each location, the overall approach can be more effective.
Local and regional assessments are a key component of this
reauthorization as well. Coastal states, Indian tribes, and local
governments would be able to request these local and regional
assessments of hypoxia and harmful algal blooms, so they can better
understand the causes, impacts, and mitigation alternatives for these
outbreaks. By having the Commerce Department and the Task Force provide
and assist in these assessments, local and regional communities can be
more empowered to take action on reducing the magnitude and impacts of
these outbreaks.
This bill would authorize $26 million in FY04, and $26.5 million in
FY05, and $27 million in FY06. These funding levels reflect modest
increases in some of the research and monitoring programs authorized in
the 1998 bill and provide funding for the new assessments and
implementation of their recommendations.
This reauthorization enables collaborative, science-based research
efforts that can help us to better understand how to predict and
mitigate harmful algal blooms and hypoxia events. It facilitates action
at the local and regional levels, which is a key element for
effectively addressing and minimizing the adverse ecological, economic,
and health impacts of these outbreaks. I wish to thank Senator Breaux
for his continued vigilance and important contributions on this matter,
and I encourage my colleagues to support this bill.
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. 247
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 ``Harmful Algal Bloom and
Hypoxia Amendments Act of 2003''.
SEC. 2. RETENTION OF TASK FORCE.
Section 603 of the Harmful Algal Bloom and Hypoxia Research
and Control Act of 1998 (16 U.S.C. 1451 nt) is amended by
striking subsection (e).
SEC. 3. PREDICTION AND RESPONSE PLAN.
Section 603 of such Act, as amended by section 2, is
further amended by adding at the end the following:
``(e) Prediction and Response Plan.--
``(1) Development of plan.--Not later then 12 months after
the date of enactment of the Harmful Algal Bloom and Hypoxia
Amendments Act of 2003, the President, in conjunction with
the chief executive officers of the States, shall develop and
submit to the Congress a plan to protect environmental and
public health from impacts of harmful algal blooms. In
developing the plan, the President shall consult with the
Task Force, the coastal States, Indian tribes, local
governments, industry, academic institutions, and non-
governmental organizations with expertise in coastal zone
management.
``(2) Plan requirements.--The plan shall--
``(A) review techniques for prediction of the onset,
course, and impacts of harmful algal blooms including
evaluation of their accuracy and utility in protecting
environmental and public health and provisions for
implementation;
``(B) identify innovative response measures for the
prevention, control, and mitigation of harmful algal blooms
and provisions for their development and implementation; and
``(C) include incentive-based partnership approaches where
practicable.
``(3) Publication and opportunity for comment.--At least 90
days before submitting the plan to the Congress, the
President shall cause a summary of the proposed plan to be
published in the Federal Register for a public comment period
of not less than 60 days.
``(4) Federal assistance.--The Secretary of Commerce, in
coordination with the Task Force and to the extent of funds
available, shall provide for Federal cooperation with and
assistance to the coastal States, Indian tribes, and local
governments in implementing measures in paragraph (2), as
requested.''.
SEC. 4. LOCAL AND REGIONAL ASSESSMENTS.
Section 603 of such Act, as amended by section 3, is
further amended by adding at the end the following:
``(f) Local and Regional Assessments.--
``(1) In general.--The Secretary of Commerce, in
coordination with the Task Force and to the extent of funds
available, shall provide for local and regional assessments
of hypoxia and harmful algal blooms, as requested by coastal
States, Indian tribes, and local governments.
``(2) Purpose.--Local and regional assessments may
examine--
``(A) the causes of hypoxia or harmful algal blooms in that
area;
``(B) the ecological and economic impacts of hypoxia or
harmful algal blooms;
``(C) alternatives to reduce, mitigate, and control hypoxia
and harmful algal blooms; and
``(D) the social and economic benefits of such
alternatives.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 605 of such Act is amended--
[[Page S1752]]
(1) by striking ``and'' after ``2000,'' in the first
sentence and in the paragraphs (1), (2), (3), and (5);
(2) by inserting ``$26,000,000 for fiscal year 2004,
$26,500,000 for fiscal year 2005, and $27,000,000 for fiscal
year 2007'' after ``2001,'' in the first sentence;
(3) by inserting ``and $2,500,000 for each of fiscal years
2004, 2005, and 2006'' after ``2001'' in paragraph (1);
(4) by inserting ``and $5,500,000 for each of fiscal years
2004, 2005, and 2006'' after ``2001'' in paragraph (2);
(5) by striking ``2001'' in paragraph (3) and inserting
``2001, $2,000,000 for fiscal year 2004, $3,000,000 for
fiscal year 2005, and $3,000,000 for fiscal year 2006'';
(6) by striking ``blooms;'' in paragraph (3) and inserting
``blooms and to implement section 603(e);''
(7) by striking ``2001'' in paragraph (4) and inserting
``2001, and $6,000,000 for each of fiscal years 2004, 2005,
and 2006,'';
(8) by striking ``and'' after the semicolon in paragraph
(4);
(9) by striking ``2001'' in paragraph (5) and inserting
``2001, $5,000,000 for fiscal year 2004, $5,500,000 for
fiscal year 2005, and $6,600,000 for fiscal year 2006'';
(10) by striking ``Administration.'' in paragraph (5) and
inserting ``Administration; and''; and
(11) by adding at the end the following:
``(6) $3,000,000 for each of fiscal years 2004, 2005, and
2006 to carry out section 603(f).''.
Mr. BREAUX. Mr. President, I am pleased to rise today to join Senator
Snowe as an original cosponsor of the Harmful Algal Bloom and Hypoxia
Amendments Act of 2003.
The Gulf of Mexico has a serious hypoxia condition. The water flowing
out of the Mississippi River Delta is loaded with nutrients, nutrients
that help things grow. In the gulf, the nutrients fuel accelerated
growth of algae and other plankton-like organisms. As the organisms die
and descent through the water, they decompose and rob the water of
dissolved oxygen. This lack of oxygen, below a level which can sustain
marine life, is hypoxia and creates what we call ``the Dead Zone.'' In
1998, the ``Dead Zone'' exceeded 7,000 square miles, equivalent to the
combined areas of the States of Rhode Island and Connecticut.
As a Senator from the State that is on the receiving end of this
unprecedented problem and as a member of the Senate Commerce Committee,
Subcommittee on Oceans and Fisheries, I was very pleased to have worked
with Senator Snowe on legislation that first drew national attention to
hypoxia and harmful algal blooms, the Harmful Algal Bloom and Hypoxia
Control Act of 1998.
Among important issues, the enacted legislation required an
interagency task force to develop an assessment of hypoxia in the
northern Gulf of Mexico. It also required the task force to submit to
Congress a plan based on the assessment for reducing, mitigating, and
controlling hypoxia in the northern Gulf of Mexico.
The Mississippi River/Gulf of Mexico Watershed Nutrient Task Force
was given a large job, to come up with a national strategy to reduce
the size and growth of the ``Dead Zone'' in the Gulf of Mexico off of
the coast of Louisiana. They were charged by the Harmful Algal Bloom
and Hypoxia Research and Control Act of 1998 to put this strategy in
the form of an action plan that could be undertaken by the States and
partner agencies at the Federal and State level that make up the task
force. They succeeded on both fronts, not only delivering an action
plan, but doing so by reaching consensus after a process of strenuous
debate and discussion involving many stakeholders and interests. That
plan was delivered to Congress in January of 2001 but has yet to be
fully funded. Even so, it has been providing some significant benefits
to the Mississippi River Basin and the country.
As the action plan states ``the work of the Task Force has provided a
basin-wide context for the continued pursuit of both incentive-based,
voluntary efforts for non-point sources and existing regulatory
controls for point sources.''
The task force made it clear in the action plan that efforts to
reduce hypoxia in the Gulf involve cleaning up waters upstream and
throughout the Mississippi River Basin, and that the benefits,
economic, as well as environmental, can be achieved across the entire
basin as well. Their work is providing us with a way to unify the
Mississippi River Basin in terms of our common interests and resources,
primary of which is the Mississippi River, probably the most important
piece of infrastructure in the country.
In Louisiana, we value all of the resources of that vast system, not
only our productive coastal fisheries which are endangered by hypoxia,
but the corn, grain, and other food sources that are shipped out
through our port system.
Solving the problem of the ``Dead Zone'' will require an
unprecedented degree of cooperation among many States, agencies, and
stakeholders. The task force is continuing to provide us with a forum
and a means for expanding that cooperation.
One of the prime research facilities on the hypoxia problem is taking
place at the Louisiana University Marine Consortium, LUMON, in
Cocodrie, LA. LUMCON has been studying the hypoxia problem in the Gulf
of Mexico since 1985 under grants from the National Oceanic and
Atmospheric Administration's Coastal Ocean Program.
The combined efforts of the task force has become even more apparent
over the past year, as the ``Dead Zone'' reached a new record size in
the summer of 2002, exceeding 8,000 square miles and extending from the
mouth of the Mississippi River well into the coastal waters of Texas.
I believe that the Harmful Algal Bloom and Hypoxia Amendments Act of
2003 that Senator Snowe and I are introducing today will provide much
needed funding and direction to continue the effort to mitigate and
eventually eliminate the hypoxic problem in the Gulf of Mexico and
harmful algal blooms in our Nation's waters.
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