[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.

                          ____________________