[Congressional Record Volume 149, Number 35 (Wednesday, March 5, 2003)]
[Senate]
[Pages S3165-S3196]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. BUNNING:
S. 514. A bill to amend the Internal Revenue Code of 1986 to repeal
the 1993 income tax increase on Social Security benefits; to the
Committee on Finance.
Mr. BUNNING. Mr. President, today I am introducing the Social
Security Benefits Tax Relief Act of 2003. This is a simple bill that
would repeal the income tax increase on Social Security benefits that
went into effect in 1993.
When the Social Security system was created, beneficiaries did not
pay Federal income tax on their benefits. However, in 1983, Congress
passed legislation that changed all this. The 1983 law requires that 50
percent of Social Security benefits be taxed for senior whose incomes
reached a certain level. The revenue this tax generated was then
credited to the Social Security trust funds. Although I wasn't in
Congress back in 1983, some argued that these changes were necessary
because it kept Social Security taxes more in line with taxes on
private pensions and because it shored up the Social Security system.
In 1993, President Clinton proposed that 85 percent of Social
Security benefits be taxable for seniors meeting certain income
thresholds, and that this additional money be allocated for the
Medicare Program. Unfortunately, Congress passes this provision as part
of a larger bill, which President Clinton then signed into law.
I was a Member of the House of Representatives at this time. I voted
against this bill and didn't support this provision. This tax is unfair
to our senior citizens who worked year, after year, after year, paying
into Social Security, only to be faced with higher taxed once they
retired.
The bill I am introducing would repeal the 85 percent tax, and would
replace the funding that has been going to the Medicare Program with
general funds. This tax was unfair when it was implemented in 1993, and
it is unfair today. I hope my Senate colleagues can support this
legislation to remove this burdensome tax on our seniors.
______
By Mr. BUNNING (for himself, Mrs. Boxer, Mr. Inhofe, Mr. Craig,
Mr. Allen, Mr. Nickles, Mr. Burns, Mr. Brownback, Mr. Thomas,
Ms. Snowe, Mr. Miller, Mr. Campbell, and Mr. Sessions):
S. 516. A bill to amend title 49, United States Code, to allow the
arming of pilots of cargo aircraft, and for other purposes; to the
Committee on Commerce, Science, and Transportation.
Mr. BUNNING. Mr. President, I rise today with several of my senate
colleagues to introduce the Arming Cargo Pilots Against Terrorism Act.
This bill closes a loophole to better protect the homeland against
terrorists.
As a result of the airplane hijackings on September 11, 2001,
Congress took the appropriate action to prevent from ever happening
again the use of an airliner as a missile and weapon of mass
destruction and murder. Last year, large majorities of the Senate and
House of Representatives voted to arm both cargo and passenger pilots
who volunteered for a stringent training proram as part of the homeland
security bill.
Arming these pilots served to protect the pilots and aircrew,
passengers and those on the ground from ever being victims of another
airline hijacking. It was the right thing to do. However, during
conference of the homeland security bill the cargo pilots were yanked
from the bill. This bill we introduce today will arm cargo pilots and
close the loophole created when they were left out last year.
It is true that cargo airlines rarely have passengers, but that is no
reason to disregard and ignore the safety of those cargo pilots and the
aircrafts they control. Indeed, on occasions they do carry passengers,
and sometimes they transport couriers and guards of some of the cargo
being transported. Too many times these couriers and guards are armed
while the pilots are unarmed. After September 11, that simply does not
make sense.
As well, physical security around too many of our air cargo
facilities and terminals is not up to the standard it should be. This
lax in security has allowed stowaways a free pass in climbing aboard
cargo airplanes for a free ride. Just a few months ago a woman in
Fargo, ND, rushed onto a United Parcel Service plane trying to get to
California. Fortunately she was caught. I guarantee that many have
successfully sneaked onto cargo airplanes. And many more will continue
to try. This is further evidence as to why we need to act to allow
these cargo pilots to defend themselves and the cockpit.
Cargo pilots are not armed and they will never have Federal air
marshals. Cargo planes do not have trained flight attendants or alert
passengers to fend off hijackers. Cargo planes do not have reinforced
cockpit doors, and some do not have any doors at all. Cargo areas of
airports are not as secure as a passenger areas, and thousands of
personnel have access to the aircraft. Finally, stowaways sometimes
find their way aboard cargo aircraft. And in the future one might be a
terrorist.
There are no logical reasons to exclude cargo pilots. Simply saying
that since they carry no passengers unlike a passenger airliner is not
a good enough reason. Cargo planes are just as big as--if not bigger
than--passenger planes. They can carry larger loads of fuel and
frequently carry hazardous materials, including chemicals and
biological products. A cargo airplane causes just as much damage when
used as a weapon as did the passenger planes hijacked on September 11.
We cannot allow what happened on September 11 to ever happen again.
This loophole of excluding cargo pilots from being able to protect
themselves and their aircraft and the public must be removed. This is
the right thing to do, and I ask my Senate colleagues for their
support.
I ask unanimous consent that this bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 516
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 ``Arming Cargo Pilots Against
Terrorism Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) During the 107th Congress, both the Senate and the
House of Representatives overwhelmingly passed measures that
would have armed pilots of cargo aircraft.
(2) Cargo aircraft do not have Federal air marshals,
trained cabin crew, or determined passengers to subdue
terrorists.
(3) Cockpit doors on cargo aircraft, if present at all,
largely do not meet the security standards required for
commercial passenger aircraft.
(4) Cargo aircraft vary in size and many are larger and
carry larger amounts of fuel than the aircraft hijacked on
September 11, 2001.
(5) Aircraft cargo frequently contains hazardous material
and can contain deadly biological and chemical agents and
quantities of agents that cause communicable diseases.
(6) Approximately 12,000 of the nation's 90,000 commercial
pilots serve as pilots and flight engineers on cargo
aircraft.
(7) There are approximately 2,000 cargo flights per day in
the United States, many of which are loaded with fuel for
outbound international travel or are inbound from foreign
airports not secured by the Transportation Security
Administration.
(8) Aircraft transporting cargo pose a serious risk as
potential terrorist targets that could be used as weapons of
mass destruction.
(9) Pilots of cargo aircraft deserve the same ability to
protect themselves and the
[[Page S3166]]
aircraft they pilot as other commercial airline pilots.
(10) Permitting pilots of cargo aircraft to carry firearms
creates an important last line of defense against a terrorist
effort to commandeer a cargo aircraft.
(b) Sense of Congress.--It is the sense of Congress that a
member of a flight deck crew of a cargo aircraft should be
armed with a firearm to defend the cargo aircraft against an
attack by terrorists that could result in the use of the
aircraft as a weapon of mass destruction or for other
terrorist purposes.
SEC. 3. ARMING CARGO PILOTS AGAINST TERRORISM.
Section 44921 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``passenger'' each place
that it appears; and
(2) in subsection (k)--
(A) in paragraph (2)--
(i) by striking ``or,'' and all that follows; and
(ii) by inserting ``or any other flight deck crew
member.''; and
(B) by adding at the end the following new paragraph:
``(3) All-cargo air transportation.--For the purposes of
this section, the term air transportation includes all-cargo
air transportation.''.
SEC. 4. IMPLEMENTATION.
(a) Time for Implementation.--The training of pilots as
Federal flight deck officers required in the amendments made
by section 3 shall begin as soon as practicable and no later
than 90 days after the date of enactment of this Act.
(b) Effect on Other Laws.--The requirements of subsection
(a) shall have no effect on the deadlines for implementation
contained in section 44921 of title 49, United States Code,
as in effect on the day before the date of enactment of this
Act.
______
By Ms. COLLINS (for herself, Mrs. Murray, Mr. Breaux, and Mr.
Miller):
S. 518. A bill to increase the supply of pancreatic islet cells for
research, to provide better coordinate of Federal efforts and
information on islet cell transplantation, and to collect the data
necessary to move islet cell transplantation from an experimental
procedure to a standard therapy; to the Committee on Health, Education,
Labor, and Pensions.
Ms. COLLINS. I am pleased to join my colleague from Washington,
Senator Patty Murray, as well as my colleague and co-chair of the
Senate Diabetes Caucus, Senator John Breaux, in introducing the
Pancreatic Islet Cell Transplantation Act of 2003, which will help to
advance tremendously important research that holds the promise of a
cure for the more than 1 million Americans with type 1 or juvenile
diabetes.
As the founder and co-chair of the senate Diabetes Caucus, I have
learned a great deal about this serious disease and the difficulties
and heartbreak that it causes for so many Americans and their families
as they await a cure. Diabetes is a devastating, life-long condition
that affects people of every age, race, and nationality. It is the
leading cause of kidney failure, blindness in adults, and amputations
not related to injury. Moreover, a new study released by the American
Diabetes Association last week estimates that diabetes cost the Nation
$132 billion last year, and that health care spending for people with
diabetes is almost double what it would be if they did not have
diabetes.
The burden of diabetes is particularly heavy for children and young
adults with type 1, or juvenile diabetes. Juvenile diabetes is the
second most common chronic disease affecting children. Moreover, it is
one that they never outgrow.
In individuals with juvenile diabetes, the body's immune system
attacks the pancreas and destroys the islet cells that produce insulin.
While the discovery of insulin was a landmark breakthrough in the
treatment of people with diabetes, it is not a cure, and people with
juvenile diabetes face the constant threat of developing devastating,
life-threatening complications as well as a drastic reduction in their
quality of life.
Thankfully, there is good news for people with diabetes. We have seen
some tremendous breakthroughs in diabetes research in recent years, and
I am convinced that diabetes is a disease that can be cured, and will
be cured in the near future.
We were all encouraged by the development of the Edmonton Protocol,
an experimental treatment developed at the University of Alberta
involving the transplantation of insulin-producing pancreatic islet
cells, which has been hailed as the most important advance in diabetes
research since the discovery of insulin in 1921. Of the approximately
200 patients who have been treated using variations of the Edmonton
Protocol, all have seen a reversal of their life-disabling
hypoglycemia, and nearly 80 percent have maintained normal glucose
levels without insulin shots for more than 1 year.
Moreover, the side effects associated with this treatment-- which
uses more islet cells and a less toxic combination of immunosuppressive
drugs than previous, less successful protocols--have been mild and the
therapy has been generally well tolerated by most patients.
Unfortunately, long-term use of toxic immunosuppressive drugs, has
side effects that make the current treatment inappropriate for use in
children. Researcher, however, are working hard to find a way to reduce
the transplant recipient's dependence on these drugs so that the
procedure will be appropriate for children in the future, and the
protocol has been hailed around the world as a remarkable breakthrough
and proof that islet transplantation can work. It appears to offer the
most immediate chance to achieve a cure for type 1 diabetes, and the
research is moving forward rapidly.
New sources of islet cells must be found, however, because, as the
science advances and continues to demonstrate promise, the number of
islet cell transplants that can be performed will be limited by a
serious shortage of pancreases available for islet cell
transplantation. There currently are only 2,000 pancreases donated
annually, and, of these, only about 500 are available each year for
islet cell transplants. Moreover, most patients require islet cells
from two pancreases for the procedure to work effectively.
The legislation we are introducing today will increase the supply of
pancreases available for these trials and research. Our legislation
will direct the Centers for Medicare and Medicaid Services to grant
credit to organ procurement organizations OPOs--for the purposes of
their certification--for pancreases harvested and used for islet cell
transplantation and research.
Currently, CMS collects performance data from each OPO based upon the
number of organs procured for transplant relative to the population of
the OPO's service area. While CMS considers a pancreas to have been
procured for transplantation if it is used for a whole organ
transplant, the OPO receives no credit towards its certification if the
pancreas is procured and used for islet cell transplantation or
research. Our legislation will therefore give the OPOs an incentive to
step up their efforts to increase the supply of pancreases donated for
this purpose.
In addition, the legislation establishes an inter-agency committee on
islet cell transplantation comprised of representatives of all of the
Federal agencies with an active role in supporting this research. The
many advisory committees on organ transplantation that currently exist
are so broad in scope that the issue of islet cell transplantation--
while of great importance to the juvenile diabetes community--does not
rise to the level of consideration when included with broader issues
associated with organ donation, such as organ allocation policy and
financial barriers to transplantation. We believe that a more focused
effort in the area of islet cell transplantation is clearly warrented
since the research is moving forward at such a rapid pace and with such
remarkable results.
To help us collect the data necessary to move islet cell
transplantation from an experimental procedure to a standard therapy
covered by insurance, our legislation directs the Institute of Medicine
to conduct a study on the impact of islet cell transplantation on the
health-related quality of life outcomes for individuals with juvenile
diabetes, as well as the cost-effectiveness of the treatment.
Diabetes is the most common cause of kidney failure, accounting for
40 percent of new cases, and a significant percentage of individuals
with type 1 diabetes will experience kidney failure and become
Medicare-eligible before they are age 65. Medicare currently covers
both kidney transplants and simultaneous pancreas-kidney transplants
for these individuals. To help Medicare decide whether it should cover
pancreatic islet cell transplants, our legislation authorizes a
demonstration project to test the efficacy of simultaneous islet-kidney
transplants
[[Page S3167]]
and islet transplants following a kidney transplant for individuals
with type 1 diabetes who are eligible for Medicare because they have
end stage renal disease ESRD.
Islet cell transplantation offers real hope for people with diabetes.
Our legislation, which is strongly supported by the Juvenile Diabetes
Research Foundation JDRF, addresses some of the specific obstacles to
moving this research forward as rapidly as possible, and I urge all of
my colleagues to join us as cosponsors.
______
By Mr. CAMPBELL:
S. 519. A bill to establish a Native American-owned financial entity
to provide financial services to Indian tribes, Native American
organizations, and Native Americans, and for other purposes; to the
Committee on Indian Affairs.
Mr. CAMPBELL. Mr. President, today I am introducing the Native
American Capital Formation and Economic Development Act of 2003.
Before the Europeans landed on these shores, Indian nations were
vigorous and vital: tribal governments functioned well; tribal cultures
and religions flourished; and tribal economies were strong.
Over time tribal institutions failed when the independence they had
known were stifled by the Federal Government.
Since 1970, Indian self-determination has assisted the tribes in
rebuilding their governments and resurrecting their economies.
The bill I am introducing today will foster real self-determination
and create a Native-capitalized development assistance corporation.
If enacted, the tribes themselves will be the financiers and
shareholders of the Native American Capital Development Corporation
which will focus on mortgage lending and Indian home ownership; provide
assistance to Native financial institutions; and work to create a
secondary market in Indian mortgages.
The corporation will include the Native American Economies Diagnostic
Studies Fund to partner with tribes to conduct diagnostic studies of
their economies and identify the inhibitors to greater levels of
private sector investment and job creation. Ultimately the corporation
and the tribes will work to remove those inhibitors.
The corporation's Native American Economic Incubation Center Fund
will work with participating tribes to channel development assistance
to those tribes with a demonstrated commitment to sound economic and
political policies; good governance; and practices that create
increased levels of economic growth and job creation.
It is my expectation that there will be much debate generated by this
legislation which I consider a good thing. I expect to hold hearings on
this important legislation in the weeks ahead.
I urge my colleagues to join me in support of this important bill.
I ask unanimous consent that a copy 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. 519
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native
American Capital Formation and Economic Development Act of
2003''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
TITLE I--NATIVE AMERICAN CAPITAL DEVELOPMENT CORPORATION
Sec. 101. Establishment of the Corporation.
Sec. 102. Authorized assistance and service functions.
Sec. 103. Native American lending services grant.
Sec. 104. Audits.
Sec. 105. Annual housing and economic development reports.
Sec. 106. Advisory Council.
TITLE II--CAPITALIZATION OF CORPORATION
Sec. 201. Capitalization of the Corporation.
TITLE III--REGULATION, EXAMINATION, AND REPORTS
Sec. 301. Regulation, examination, and reports.
Sec. 302. Authority of the Secretary of Housing and Urban Development.
TITLE IV--FORMATION OF NEW CORPORATION
Sec. 401. Formation of new corporation.
Sec. 402. Adoption and approval of merger plan.
Sec. 403. Consummation of merger.
Sec. 404. Transition.
Sec. 405. Effect of merger.
TITLE V--OTHER NATIVE AMERICAN FUNDS
Sec. 501. Native American Economies Diagnostic Studies Fund.
Sec. 502. Native American Economic Incubation Center Fund.
TITLE VI--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 601. Native American financial institutions.
Sec. 602. Corporation.
Sec. 603. Other Native American funds.
SEC. 2. FINDINGS.
Congress finds that--
(1) there is a special legal and political relationship
between the United States and the Indian tribes, as grounded
in treaties, the Constitution, Federal statutes and court
decisions, executive orders, and course of dealing;
(2) despite the availability of abundant natural resources
on Indian land and a rich cultural legacy that accords great
value to self-determination, self-reliance, and independence,
Native Americans suffer rates of unemployment, poverty, poor
health, substandard housing, and associated social ills to a
greater degree than any other group in the United States;
(3) the economic success and material well-being of Native
Americans depends on the combined efforts and resources of
the United States, Indian tribal governments, the private
sector, and individuals;
(4) the poor performance of moribund Indian economies is
due in part to the near-complete absence of private capital
and private capital institutions; and
(5) the goals of economic self-sufficiency and political
self-determination for Native Americans can best be achieved
by making available the resources and discipline of the
private market, adequate capital, and technical expertise.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to establish an entity dedicated to capital development
and economic growth policies in Native American communities;
(2) to provide the necessary resources of the United
States, Native Americans, and the private sector on endemic
problems such as fractionated and unproductive Indian land;
(3) to provide a center for economic development policy and
analysis with particular emphasis on diagnosing the systemic
weaknesses with, and inhibitors to greater levels of
investment in, Native American economies;
(4) to establish a Native-owned financial entity to provide
financial services to Indian tribes, Native American
organizations, and Native Americans; and
(5) to improve the material standard of living of Native
Americans.
SEC. 4. DEFINITIONS.
In this Act:
(1) Alaska native.--The term ``Alaska Native'' has the
meaning given the term ``Native'' in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
(2) Board.--The term ``Board'' means the Board of Directors
of the Corporation.
(3) Capital distribution.--The term ``capital
distribution'' has the meaning given the term in section 1303
of the Federal Housing Enterprise Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4502).
(4) Chairperson.--The term ``Chairperson'' means the
chairperson of the Board.
(5) Corporation.--The term ``Corporation'' means the Native
American Capital Development Corporation established by
section 101(a)(1)(A).
(6) Council.--The term ``Council'' means the Advisory
Council established under section 106(a).
(7) Designated merger date.--The term ``designated merger
date'' means the specific calendar date and time of day
designated by the Board under this Act.
(8) Department of hawaiian home lands.--The term
``Department of Hawaiian Home Lands'' means the agency that
is responsible for the administration of the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108 et seq.).
(9) Fund.--The term ``Fund'' means the Community
Development Financial Institutions Fund established under
section 104 of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4703).
(10) 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).
(11) Merger plan.--The term ``merger plan'' means the plan
of merger adopted by the Board under this Act.
(12) Native american.--The term ``Native American'' means--
(A) a member of an Indian tribe; or
(B) a Native Hawaiian.
(13) Native american financial institution.--The term
``Native American financial institution'' means a person
(other than an individual) that--
(A) qualifies as a community development financial
institution under section 103 of the
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Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4702);
(B) satisfies--
(i) requirements established by subtitle A of title I of
the Riegle Community Development and Regulatory Improvement
Act of 1994 (12 U.S.C. 4701 et seq.); and
(ii) requirements applicable to persons seeking assistance
from the Fund;
(C) demonstrates a special interest and expertise in
serving the primary economic development and mortgage lending
needs of the Native American community; and
(D) demonstrates that the person has the endorsement of the
Native American community that the person intends to serve.
(14) Native american lender.--The term ``Native American
lender'' means a Native American governing body, Native
American housing authority, or other Native American
financial institution that acts as a primary mortgage or
economic development lender in a Native American community.
(15) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given the term in section 201 of the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108).
(16) New corporation.--The term ``new corporation'' means
the corporation formed in accordance with title IV.
(17) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(18) Total capital.--The term ``total capital'' has the
meaning given the term in section 1303 of the Federal Housing
Enterprise Financial Safety and Soundness Act of 1992 (12
U.S.C. 4502).
(19) Transition period.--The term ``transition period''
means the period beginning on the date on which the merger
plan is approved by the Secretary and ending on the
designated merger date.
TITLE I--NATIVE AMERICAN CAPITAL DEVELOPMENT CORPORATION
SEC. 101. ESTABLISHMENT OF THE CORPORATION.
(a) Establishment; Board of Directors; Policies; Principal
Office; Membership; Vacancies.--
(1) Establishment.--
(A) In general.--There is established and chartered a
corporation, to be known as the ``Native American Capital
Development Corporation''.
(B) Period of time.--The Corporation shall be a
congressionally chartered body corporate until the earlier
of--
(i) the designated merger date; or
(ii) the date on which the charter is surrendered by the
Corporation.
(C) Changes to charter.--The right to revise, amend, or
modify the Corporation charter is specifically and
exclusively reserved to Congress.
(2) Board of directors; principal office.--
(A) Board.--The powers of the Corporation shall be vested
in a Board of Directors, which Board shall determine the
policies that govern the operations and management of the
Corporation.
(B) Principal office; residency.--
(i) Principal office.--The principal office of the
Corporation shall be in the District of Columbia.
(ii) Venue.--For purposes of venue, the Corporation shall
be considered to be a resident of the District of Columbia.
(3) Membership.--
(A) In general.--
(i) Nine members.--Except as provided in clause (ii), the
Board shall consist of 9 members, of which--
(I) 3 members shall be appointed by the President; and
(II) 6 members shall be elected by the class A
stockholders, in accordance with the bylaws of the
Corporation.
(ii) Thirteen members.--If class B stock is issued under
section 201(b), the Board shall consist of 13 members, of
which--
(I) 9 members shall be appointed and elected in accordance
with clause (i); and
(II) 4 members shall be elected by the class B
stockholders, in accordance with the bylaws of the
Corporation.
(B) Terms.--Each member of the Board shall be elected or
appointed for a 4-year term, except that the members of the
initial Board shall be elected or appointed for the following
terms:
(i) Of the 3 members appointed by the President--
(I) 1 member shall be appointed for a 2-year term;
(II) 1 member shall be appointed for a 3-year term; and
(III) 1 member shall be appointed for a 4-year term;
as designated by the President at the time of the
appointments.
(ii) Of the 6 members elected by the class A stockholders--
(I) 2 members shall each be elected for a 2-year term;
(II) 2 members shall each be elected for a 3-year term; and
(III) 2 members shall each be elected for a 4-year term.
(iii) If class B stock is issued and 4 additional members
are elected by the class B stockholders--
(I) 1 member shall be elected for a 2-year term;
(II) 1 member shall be elected for a 3-year term; and
(III) 2 members shall each be elected for a 4-year term.
(C) Qualifications.--Each member appointed by the President
shall have expertise in 1 or more of the following areas:
(i) Native American housing and economic development
matters.
(ii) Financing in Native American communities.
(iii) Native American governing bodies, legal
infrastructure, and judicial systems.
(iv) Restricted and trust land issues, economic
development, and small consumer loans.
(D) Members of indian tribes.--Not less than 2 of the
members appointed by the President shall be members of
different, federally-recognized Indian tribes enrolled in
accordance with the applicable requirements of the Indian
tribes.
(E) Chairperson.--The Board shall select a Chairperson from
among the members of the Board, except that the initial
Chairperson shall be selected from among the members of the
initial Board who have been appointed or elected to serve for
a 4-year term.
(F) Vacancies.--
(i) Appointed members.--Any vacancy in the appointed
membership of the Board shall be filled by appointment by the
President, but only for the unexpired portion of the term.
(ii) Elected members.--Any vacancy in the elected
membership of the Board shall be filled by appointment by the
Board, but only for the unexpired portion of the term.
(G) Transitions.--Any member of the Board may continue to
serve after the expiration of the term for which the member
was appointed or elected until a qualified successor has been
appointed or elected.
(b) Powers of the Corporation.--The Corporation--
(1) shall adopt bylaws, consistent with this Act,
regulating, among other things, the manner in which--
(A) the business of the Corporation shall be conducted;
(B) the elected members of the Board shall be elected;
(C) the stock of the Corporation shall be issued, held, and
disposed of;
(D) the property of the Corporation shall be disposed of;
and
(E) the powers and privileges granted to the Corporation by
this Act and other law shall be exercised;
(2) may make and execute contracts, agreements, and
commitments, including entering into a cooperative agreement
with the Secretary;
(3) may prescribe and impose fees and charges for services
provided by the Corporation;
(4) may, if a settlement, adjustment, compromise, release,
or waiver of a claim, demand, or right of, by, or against the
Corporation, is not adverse to the interests of the United
States--
(A) settle, adjust, and compromise on the claim, demand, or
right; and
(B) with or without consideration or benefit to the
Corporation, release or waive, in whole or in part, in
advance or otherwise, the claim, demand, or right;
(5) may sue and be sued, complain and defend, in any
Federal, State, tribal, or other court;
(6) may acquire, take, hold, and own, manage, and dispose
of any property;
(7) may--
(A) determine the necessary expenditures of the Corporation
and the manner in which those expenditures shall be incurred,
allowed, and paid; and
(B) appoint, employ, and fix and provide for the
compensation and benefits of such officers, employees,
attorneys, and agents as the Board determines reasonable and
not inconsistent with this section;
(8) may incorporate a new corporation under State, District
of Columbia, or tribal law, as provided in this Act;
(9) may adopt a plan of merger, as provided in this Act;
(10) may consummate the merger of the Corporation into the
new corporation, as provided in this Act; and
(11) may have succession until the designated merger date
or any earlier date on which the Corporation surrenders the
Federal charter of the Corporation.
(c) Investment of Funds; Designation as Depositary,
Custodian, or Agent.--
(1) Investment of funds.--Funds of the Corporation that are
not required to meet current operating expenses shall be
invested in--
(A) obligations of, or obligations guaranteed by, the
United States (or any agency of the United States); or
(B) in obligations, participations, or other instruments
that are lawful investments for fiduciary, trust, or public
funds.
(2) Designation as depositary, custodian, or agent.--Any
Federal Reserve bank or Federal home loan bank, or any bank
as to which at the time of its designation by the Corporation
there is outstanding a designation by the Secretary of the
Treasury as a general or other depositary of public money,
may--
(A) be designated by the Corporation as a depositary or
custodian or as a fiscal or other agent of the Corporation;
and
(B) act as such a depositary, custodian, or agent.
(d) Actions By and Against the Corporation.--
Notwithstanding section 1349 of title 28, United States Code,
or any other provision of law--
(1) the Corporation shall be deemed to be an agency covered
under sections 1345 and 1442 of title 28, United States Code;
[[Page S3169]]
(2) any civil action to which the Corporation is a party
shall be deemed to arise under the laws of the United States,
and the appropriate district court of the United States shall
have original jurisdiction over any such action, without
regard to amount or value; and
(3) in any case in which all remedies have been exhausted
in accordance with the applicable ordinances of an Indian
tribe, in any civil or other action, case, or controversy in
a tribal court, State court, or in any court other than a
district court of the United States, to which the Corporation
is a party, may at any time before the commencement of the
civil action be removed by the Corporation, without the
giving of any bond or security and by following any procedure
for removal of causes in effect at the time of the removal--
(A) to the district court of the United States for the
district and division in which the action is pending; or
(B) if there is no such district court, to the United
States District Court for the District of Columbia.
SEC. 102. AUTHORIZED ASSISTANCE AND SERVICE FUNCTIONS.
The Corporation may--
(1) assist in the planning, establishment, and organization
of Native American financial institutions;
(2) develop and provide financial expertise and technical
assistance to Native American financial institutions,
including methods of underwriting, securing, servicing,
packaging, and selling mortgage and small commercial and
consumer loans;
(3) develop and provide specialized technical assistance on
overcoming barriers to primary mortgage lending on Native
American land, including issues relating to--
(A) trust land;
(B) discrimination;
(C) high operating costs; and
(D) inapplicability of standard underwriting criteria;
(4) provide mortgage underwriting assistance (but not in
originating loans) under contract to Native American
financial institutions;
(5) work with the Federal National Mortgage Association,
the Federal Home Loan Mortgage Corporation, and other
participants in the secondary market for home mortgage
instruments in identifying and eliminating barriers to the
purchase of Native American mortgage loans originated by
Native American financial institutions and other lenders in
Native American communities;
(6) obtain capital investments in the Corporation from
Indian tribes, Native American organizations, and other
entities;
(7) act as an information clearinghouse by providing
information on financial practices to Native American
financial institutions;
(8) monitor and report to Congress on the performance of
Native American financial institutions in meeting the
economic development and housing credit needs of Native
Americans; and
(9) provide any of the services described in this section--
(A) directly; or
(B) under a contract authorizing another national or
regional Native American financial services provider to
assist the Corporation in carrying out the purposes of this
Act.
SEC. 103. NATIVE AMERICAN LENDING SERVICES GRANT.
(a) Initial Grant Payment.--If the Secretary and the
Corporation enter into a cooperative agreement for the
Corporation to provide technical assistance and other
services to Native American financial institutions, the
agreement shall, to the extent that funds are available as
provided in this Act, provide that the initial grant payment,
anticipated to be $5,000,000, shall be made at the time at
which all members of the initial Board have been appointed
under this Act.
(b) Payment of Grant Balance.--The payment of the remainder
of the grant shall be made to the Corporation not later than
1 year after the date on which the initial grant payment is
made under subsection (a).
SEC. 104. AUDITS.
(a) Independent Audits.--
(1) In general.--The Corporation shall have an annual
independent audit made of the financial statements of the
Corporation by an independent public accountant in accordance
with generally accepted auditing standards.
(2) Determinations.--In conducting an audit under this
subsection, the independent public accountant shall determine
and submit to the Secretary a report on whether the financial
statements of the Corporation--
(A) are presented fairly in accordance with generally
accepted accounting principles; and
(B) to the extent determined necessary by the Secretary,
comply with any disclosure requirements imposed under section
301.
(b) GAO Audits.--
(1) In general.--Beginning on the date that is 2 years
after the date of commencement of operation of the
Corporation, unless an earlier date is required by any other
law, grant, or agreement, the programs, activities, receipts,
expenditures, and financial transactions of the Corporation
shall be subject to audit by the Comptroller General of the
United States under such rules and regulations as may be
prescribed by the Comptroller General.
(2) Access.--To carry out this subsection, the
representatives of the General Accounting Office shall--
(A) have access to all books, accounts, financial records,
reports, files, and all other papers, things, or property
belonging to or in use by the Corporation that are necessary
to facilitate the audit;
(B) be afforded full facilities for verifying transactions
with the balances or securities held by depositaries, fiscal
agents, and custodians; and
(C) have access, on request to the Corporation or any
auditor for an audit of the Corporation under subsection (a),
to any books, accounts, financial records, reports, files, or
other papers, or property belonging to or in use by the
Corporation and used in any such audit and to any papers,
records, files, and reports of the auditor used in such an
audit.
(3) Reports.--The Comptroller General of the United States
shall submit to Congress a report on each audit conducted
under this subsection.
(4) Reimbursement.--The Corporation shall reimburse the
General Accounting Office for the full cost of any audit
conducted under this subsection.
SEC. 105. ANNUAL HOUSING AND ECONOMIC DEVELOPMENT REPORTS.
Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Corporation shall collect,
maintain, and provide to the Secretary, in a form determined
by the Secretary, such data as the Secretary determines to be
appropriate with respect to the activities of the Corporation
relating to economic development.
SEC. 106. ADVISORY COUNCIL.
(a) Establishment.--The Board shall establish an Advisory
Council in accordance with this section.
(b) Membership.--
(1) In general.--The Council shall consist of 13 members,
who shall be appointed by the Board, including--
(A) 1 representative from each of the 12 districts
established by the Bureau of Indian Affairs; and
(B) 1 representative from the State of Hawaii.
(2) Qualifications.--Of the members of the Council--
(A) not less than 6 members shall have expertise in
financial matters; and
(B) not less than 9 members shall be Native Americans.
(3) Terms.--Each member of the Council shall be appointed
for a 4-year term, except that the initial Council shall be
appointed, as designated by the Board at the time of
appointment, as follows:
(A) Each of 4 members shall be appointed for a 2-year term.
(B) Each of 4 members shall be appointed for a 3-year term.
(C) Each of 5 members shall be appointed for a 4-year term.
(c) Duties.--The Council shall--
(1) advise the Board on all policy matters of the
Corporation; and
(2) through the regional representation of members of the
Council, provide information to the Board from all sectors of
the Native American community.
TITLE II--CAPITALIZATION OF CORPORATION
SEC. 201. CAPITALIZATION OF THE CORPORATION.
(a) Class A Stock.--The class A stock of the Corporation
shall--
(1) be issued only to Indian tribes and the Department of
Hawaiian Home Lands;
(2) be allocated--
(A) with respect to Indian tribes, on the basis of Indian
tribe population, as determined by the Secretary in
consultation with the Secretary of the Interior, in such
manner as to issue 1 share for each member of an Indian
tribe; and
(B) with respect to the Department of Hawaiian Home Lands,
on the basis of the number of current leases at the time of
allocation;
(3) have such par value and other characteristics as the
Corporation shall provide;
(4) be issued in such a manner as to ensure that voting
rights may be vested only on purchase of those rights from
the Corporation by an Indian tribe or the Department of
Hawaiian Home Lands, with each share being entitled to 1
vote; and
(5) be nontransferable.
(b) Class B Stock.--
(1) In general.--The Corporation may issue class B stock
evidencing capital contributions in the manner and amount,
and subject to any limitations on concentration of ownership,
as may be established by the Corporation.
(2) Characteristics.--Any class B stock issued under
paragraph (1) shall--
(A) be available for purchase by investors;
(B) be entitled to such dividends as may be declared by the
Board in accordance with subsection (c);
(C) have such par value and other characteristics as the
Corporation shall provide;
(D) be vested with voting rights, with each share being
entitled to 1 vote; and
(E) be transferable only on the books of the Corporation.
(c) Charges and Fees; Earnings.--
(1) Charges and fees.--The Corporation may impose charges
or fees, which may be regarded as elements of pricing, with
the objectives that--
(A) all costs and expenses of the operations of the
Corporation should be within the income of the Corporation
derived from such operations; and
(B) those operations would be fully self-supporting.
[[Page S3170]]
(2) Earnings.--
(A) In general.--All earnings from the operations of the
Corporation shall be annually transferred to the general
surplus account of the Corporation.
(B) Transfer of general surplus funds.--At any time, funds
in the general surplus account may, in the discretion of the
Board, be transferred to the reserves of the Corporation.
(d) Capital Distributions.--
(1) Distributions.--
(A) In general.--Except as provided in paragraph (2), the
Corporation may make such capital distributions as may be
declared by the Board.
(B) Charging of distributions.--All capital distributions
under subparagraph (A) shall be charged against the general
surplus account of the Corporation.
(2) Restriction.--The Corporation may not make any capital
distribution that would decrease the total capital of the
Corporation to an amount less than the capital level for the
Corporation established under section 301, without prior
written approval of the distribution by the Secretary.
TITLE III--REGULATION, EXAMINATION, AND REPORTS
SEC. 301. REGULATION, EXAMINATION, AND REPORTS.
(a) In General.--The Corporation shall be subject to the
regulatory authority of the Department of Housing and Urban
Development with respect to all matters relating to the
financial safety and soundness of the Corporation.
(b) Duty of Secretary.--The Secretary shall ensure that the
Corporation is adequately capitalized and operating safely as
a congressionally chartered body corporate.
(c) Reports to Secretary.--
(1) Annual reports.--On such date as the Secretary shall
require, but not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Corporation shall submit to the Secretary a report in such
form and containing such information with respect to the
financial condition and operations of the Corporation as the
Secretary shall require.
(2) Contents of reports.--Each report submitted under this
subsection shall contain a declaration by the president, vice
president, treasurer, or any other officer of the Corporation
designated by the Board to make the declaration, that the
report is true and correct to the best of the knowledge and
belief of that officer.
SEC. 302. AUTHORITY OF THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT.
The Secretary shall--
(1) have general regulatory power over the Corporation; and
(2) promulgate such rules and regulations applicable to the
Corporation as the Secretary determines to be appropriate to
ensure that the purposes specified in section 3 are
accomplished.
TITLE IV--FORMATION OF NEW CORPORATION
SEC. 401. FORMATION OF NEW CORPORATION.
(a) In General.--In order to continue the accomplishment of
the purposes specified in section 3 beyond the terms of the
charter of the Corporation, the Board shall, not later than
10 years after the date of enactment of this Act, cause the
formation of a new corporation under the laws of any tribe,
any State, or the District of Columbia.
(b) Powers of New Corporation Not Prescribed.--Except as
provided in this section, the new corporation may have such
corporate powers and attributes permitted under the laws of
the jurisdiction of in which the new corporation is
incorporated as the Board determines to be appropriate.
(c) Use of Name Prohibited.--The new corporation may not
use in any manner the names ``Native American Capital
Development Corporation'' or ``NACDCO'', or any variation of
those names.
SEC. 402. ADOPTION AND APPROVAL OF MERGER PLAN.
(a) In General.--Not later than 10 years after the date of
enactment of this Act, after consultation with the Indian
tribes that are stockholders of class A stock referred to in
section 201(a), the Board shall prepare, adopt, and submit to
the Secretary for approval, a plan for merging the
Corporation into the new corporation.
(b) Designated Merger Date.--
(1) In general.--The Board shall establish the designated
merger date in the merger plan as a specific calendar date on
which, and time of day at which, the merger of the
Corporation into the new corporation shall take effect.
(2) Changes.--The Board may change the designated merger
date in the merger plan by adopting an amended plan of
merger.
(3) Restriction.--Except as provided in paragraph (4), the
designated merger date in the merger plan or any amended
merger plan shall not be later than 11 years after the date
of enactment of this Act.
(4) Exception.--Subject to the restriction contained in
paragraph (5), the Board may adopt an amended plan of merger
that designates a date under paragraph (3) that is later than
11 years after the date of enactment of this Act if the Board
submits to the Secretary a report--
(A) stating that an orderly merger of the Corporation into
the new corporation is not feasible before the latest date
designated by the Board;
(B) explaining why an orderly merger of the Corporation
into the new corporation is not feasible before the latest
date designated by the Board;
(C) describing the steps that have been taken to consummate
an orderly merger of the Corporation into the new corporation
not later than 11 years after the date of enactment of this
Act; and
(D) describing the steps that will be taken to consummate
an orderly and timely merger of the Corporation into the new
corporation.
(5) Limitation.--The date designated by the Board in an
amended merger plan shall not be later than 12 years after
the date of enactment of this Act.
(6) Consummation of merger.--The consummation of an orderly
and timely merger of the Corporation into the new corporation
shall not occur later than 13 years after the date of
enactment of this Act.
(c) Governmental Approvals of Merger Plan Required.--The
merger plan or any amended merger plan shall take effect on
the date on which the plan is approved by the Secretary.
(d) Revision of Disapproved Merger Plan Required.--If the
Secretary disapproves the merger plan or any amended merger
plan--
(1) the Secretary shall--
(A) notify the Corporation of the disapproval; and
(B) indicate the reasons for the disapproval; and
(2) not later than 30 days after the date of notification
of disapproval under paragraph (1), the Corporation shall
submit to the Secretary for approval, an amended merger plan
that responds to the reasons for the disapproval indicated in
that notification.
(e) No Stockholder Approval of Merger Plan Required.--The
approval or consent of the stockholders of the Corporation
shall not be required to accomplish the merger of the
Corporation into the new corporation.
SEC. 403. CONSUMMATION OF MERGER.
The Board shall ensure that the merger of the Corporation
into the new corporation is accomplished in accordance with--
(1) a merger plan approved by the Secretary under section
402; and
(2) all applicable laws of the jurisdiction in which the
new corporation is incorporated.
SEC. 404. TRANSITION.
Except as provided in this section, the Corporation shall,
during the transition period, continue to have all of the
rights, privileges, duties, and obligations, and shall be
subject to all of the limitations and restrictions, set forth
in this Act.
SEC. 405. EFFECT OF MERGER.
(a) Transfer of Assets and Liabilities.--On the designated
merger date--
(1) all real, personal, and mixed property, all debts due
on any account, and any other interest, of or belonging to or
due to the Corporation, shall be transferred to and vested in
the new corporation without further act or deed; and
(2) no title to any real, personal, or mixed property shall
be impaired in any way by reason of the merger.
(b) Termination of the Corporation and Federal Charter.--On
the designated merger date--
(1) the surviving corporation of the merger shall be the
new corporation;
(2) the Federal charter of the Corporation shall terminate;
and
(3) the separate existence of the Corporation shall
terminate.
(c) References to the Corporation in Law.--After the
designated merger date, any reference to the Corporation in
any law or regulation shall be deemed to refer to the new
corporation.
(d) Savings Clause.--
(1) Proceedings.--The merger of the Corporation into the
new corporation shall not abate any proceeding commenced by
or against the Corporation before the designated merger date,
except that the new corporation shall be substituted for the
Corporation as a party to any such proceeding as of the
designated merger date.
(2) Contracts and Agreements.--All contracts and agreements
to which the Corporation is a party and which are in effect
on the day before the designated merger date shall continue
in effect according to their terms, except that the new
corporation shall be substituted for the Corporation as a
party to those contracts and agreements as of the designated
merger date.
TITLE V--OTHER NATIVE AMERICAN FUNDS
SEC. 501. NATIVE AMERICAN ECONOMIES DIAGNOSTIC STUDIES FUND.
(a) Establishment.--There is established within the
Corporation a fund to be known as the ``Native American
Economies Diagnostic Studies Fund'' (referred to in this
section as the ``Diagnostic Fund''), to be used to strengthen
Indian tribal economies by supporting investment policy
reforms and technical assistance to eligible Indian tribes,
consisting of--
(1) any interest earned on investment of amounts in the
Fund under subsection (d); and
(2) such amounts as are appropriated to the Diagnostic Fund
under subsection (f).
(b) Use of Amounts From Diagnostic Fund.--
(1) In general.--The Corporation shall use amounts in the
Diagnostic Fund to establish an interdisciplinary mechanism
by which the Corporation and interested Indian tribes may
jointly--
(A) conduct diagnostic studies of Native economic
conditions; and
[[Page S3171]]
(B) provide recommendations for reforms in the policy,
legal, regulatory, and investment areas and general economic
environment of the interested Indian tribes.
(2) Conditions for studies.--A diagnostic study conducted
jointly by the Corporation and an Indian tribe under
paragraph (1)--
(A) shall be conducted in accordance with an agreement
between the Corporation and the Indian tribe; and
(B) at a minimum, shall identify inhibitors to greater
levels of private sector investment and job creation with
respect to the Indian tribe.
(c) Expenditures From Diagnostic Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Corporation, the Secretary of the Treasury shall transfer
from the Diagnostic Fund to the Corporation such amounts as
the Corporation determines are necessary to carry out this
section.
(2) Administrative expenses.--An amount not exceeding 12
percent of the amounts in the Diagnostic Fund shall be
available in each fiscal year to pay the administrative
expenses necessary to carry out this section.
(d) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Diagnostic Fund as is not, in the
judgment of the Secretary of the Treasury, required to meet
current withdrawals. Investments may be made only in
interest-bearing obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be
acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the market
price.
(3) Sale of obligations.--Any obligation acquired by the
Diagnostic Fund may be sold by the Secretary of the Treasury
at the market price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Diagnostic Fund shall be credited to and form a part of the
Diagnostic Fund.
(e) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Diagnostic Fund under this section shall be transferred
at least monthly from the general fund of the Treasury to the
Diagnostic Fund on the basis of estimates made by the
Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts required
to be transferred.
(f) Transfers to Diagnostic Fund.--There are appropriated
to the Diagnostic Fund, out of funds made available under
section 603, such sums as are necessary to carry out this
section.
SEC. 502. NATIVE AMERICAN ECONOMIC INCUBATION CENTER FUND.
(a) Establishment.--There is established within the
Corporation a fund to be known as the ``Native American
Economic Incubation Center Fund'' (referred to in this
section as the ``Economic Fund''), consisting of--
(1) any interest earned on investment of amounts in the
Economic Fund under subsection (d); and
(2) such amounts as are appropriated to the Economic Fund
under subsection (f).
(b) Use of Amounts From Economic Fund.--
(1) In general.--The Corporation shall use amounts in the
Economic Fund to ensure that Federal development assistance
and other resources dedicated to Native American economic
development are provided only to Native American communities
with demonstrated commitments to--
(A) sound economic and political policies;
(B) good governance; and
(C) practices that promote increased levels of economic
growth and job creation.
(c) Expenditures From Economic Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Corporation, the Secretary of the Treasury shall transfer
from the Economic Fund to the Corporation such amounts as the
Corporation determines are necessary to carry out this
section.
(2) Administrative expenses.--An amount not exceeding 12
percent of the amounts in the Economic Fund shall be
available in each fiscal year to pay the administrative
expenses necessary to carry out this section.
(d) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Economic Fund as is not, in the judgment
of the Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be
acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the market
price.
(3) Sale of obligations.--Any obligation acquired by the
Economic Fund may be sold by the Secretary of the Treasury at
the market price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Economic Fund shall be credited to and form a part of the
Economic Fund.
(e) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Economic Fund under this section shall be transferred at
least monthly from the general fund of the Treasury to the
Economic Fund on the basis of estimates made by the Secretary
of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts required
to be transferred.
(f) Transfers to Economic Fund.--There are appropriated to
the Economic Fund, out of funds made available under section
603, such sums as are necessary to carry out this section.
TITLE VI--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 601. NATIVE AMERICAN FINANCIAL INSTITUTIONS.
(a) In General.--There are authorized to be appropriated to
the Fund, without fiscal year limitation, such sums as are
necessary to provide financial assistance to Native American
financial institutions.
(b) No Consideration as Matching Funds.--To the extent that
a Native American financial institution receives funds under
subsection (a), the funds shall not be considered to be
matching funds required under section 108(e) of the Riegle
Community Development and Regulatory Improvement Act of 1994
(12 U.S.C. 4707(e)).
SEC. 602. CORPORATION.
There are authorized to be appropriated to the Secretary,
for transfer to the Corporation, such sums as are necessary
to carry out activities of the Corporation.
SEC. 603. OTHER NATIVE AMERICAN FUNDS.
There are authorized to be appropriated such sums as are
necessary to carry out sections 501 and 502.
______
By Mr. CAMPBELL:
S. 521. A bill to amend the Act of August 9, 1955, to extend the
terms of leases of certain restricted Indian land, and for other
purposes; to the Committee on Indian Affairs.
Mr. CAMPBELL. Mr. President, today I am pleased to introduce the
Indian Land Leasing Act of 2003 to make routine changes to title 25 of
the United States Code and to assist economic activity on Indian lands
by liberalizing the Indian land leasing process.
Federal law requires tribal landowners to seek the approval of the
Secretary of the Interior to lease their lands and further restricts
the lease term to a period of 25 years.
This legal framework is an obstacle in the path of the tribes and
their members, and year after year Indian tribes are forced to seek the
Committee on Indian Affairs' assistance in extending the lease term to
99 years.
Over the years not fewer than 38 tribes have come to Congress and
secured 99-year lease authority.
At the tribes' request, this bill will extend 99-year lease authority
to the Confederated Tribes of the Umatilla Reservation, the Yavapai-
Prescott Tribe, the Yurok Tribe, and the Hopland Band of Pomo Indians
to the long list of tribes that have already secured similar
extensions.
The bill also provides 99-year lease authority for tribes that wish
to do so without the prior approval of the Secretary.
I urge my colleagues to join me in supporting this modest but
important legislation.
I ask unanimous consent that a copy 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. 521
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 ``Indian Land Leasing Act of
2003''.
SEC. 2. AUTHORIZATION OF 99-YEAR LEASES.
(a) In General.--Subsection (a) of the first section of the
Act of August 9, 1955 (25 U.S.C. 415(a)) is amended in the
second sentence--
(1) by inserting ``the reservation of the Confederated
Tribes of the Umatilla Indian Reservation,'' before ``the
Burns Paiute Reservation,'';
(2) by inserting ``the'' before ``Yavapai-Prescott'';
(3) by striking ``Washington,,'' and inserting
``Washington,''; and
(4) by inserting ``land held in trust for the Yurok Tribe,
land held in trust for the Hopland Band of Pomo Indians of
the Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to any lease entered into or renewed after the
date of enactment of this Act.
SEC. 3. LEASE OF TRIBALLY-OWNED LAND BY ASSINIBOINE AND SIOUX
TRIBES OF THE FORT PECK RESERVATION.
The first section of the Act of August 9, 1955 (25 U.S.C.
415) is amended by adding at the end the following:
[[Page S3172]]
``(g) Lease of Tribally-Owned Land by Assiniboine and Sioux
Tribes of the Fort Peck Reservation.--
``(1) In general.--Notwithstanding subsection (a) and any
regulations under part 162 of title 25, Code of Federal
Regulations (or any successor regulation), subject to
paragraph (2), the Assiniboine and Sioux Tribes of the Fort
Peck Reservation may lease to the Northern Border Pipeline
Company tribally-owned land on the Fort Peck Indian
Reservation for 1 or more interstate gas pipelines.
``(2) Conditions.--A lease entered into under paragraph
(1)--
``(A) shall commence during fiscal year 2011 for an initial
term of 25 years;
``(B) may be renewed for an additional term of 25 years;
and
``(C) shall specify in the terms of the lease an annual
rental rate--
``(i) which rate shall be increased by 3 percent per year
on a cumulative basis for each 5-year period; and
``(ii) the adjustment of which in accordance with clause
(i) shall be considered to satisfy any review requirement
under part 162 of title 25, Code of Federal Regulations (or a
successor regulation).''.
SEC. 4. CERTIFICATION OF RENTAL PROCEEDS.
Notwithstanding any other provision of law, any actual
rental proceeds from the lease of land acquired under section
1 of Public Law 91-229 (25 U.S.C. 488) certified by the
Secretary of the Interior shall be deemed--
(1) to constitute the rental value of that land; and
(2) to satisfy the requirement for appraisal of that land.
SEC. 5. MONTANA INDIAN TRIBES; AGREEMENT WITH DRY PRAIRIE
RURAL WATER ASSOCIATION, INCORPORATED.
(a) In General.--The Assiniboine and Sioux Tribes of the
Fort Peck Indian Reservation (referred to in this section as
the ``Tribes'') may, with the approval of the Secretary of
the Interior, enter into a lease or other temporary
conveyance of water rights recognized under the Fort Peck-
Montana Compact (Montana Code Annotated 85-20-201) for the
purpose of meeting the water needs of the Dry Prairie Rural
Water Association, Incorporated (or any successor entity), in
accordance with section 5 of the Fort Peck Reservation Rural
Water System Act of 2000 (114 Stat. 1454).
(b) Conditions of Lease.--With respect to a lease or other
temporary conveyance described in subsection (a)--
(1) the term of the lease or conveyance shall not exceed
100 years; and
(2)(A) the lease or conveyance may be approved by the
Secretary of the Interior without monetary compensation to
the Tribes; and
(B) the Secretary of the Interior shall not be subject to
liability for any claim or cause of action relating to the
compensation or consideration received by the Tribes under
the lease or conveyance.
(c) No Permanent Alienation of Water.--Nothing in this
section authorizes any permanent alienation of any water by
the Tribes.
SEC. 6. LEASES OF RESTRICTED INDIAN LAND; NON-INDIAN BUSINESS
PARTNERS ON INDIAN LAND.
Subsection (a) of the first section of the Act of August 9,
1955 (25 U.S.C. 415(a)) is amended by adding at the end the
following: ``Notwithstanding any other provision of law, no
Indian tribe shall be required to obtain the approval of the
Secretary to enter into a lease of restricted Indian land
(not including any lease for exploration, development, or
extraction of any mineral resource) under this subsection for
a term that does not exceed 99 years if the Indian tribe
provides written notice in original leasing documents that
the Indian tribe has the unilateral right to terminate the
lease in any case in which the Indian tribe does not waive
sovereign immunity from any civil action brought by a party
to the lease for just compensation as a result of such a
termination. Any person that is a party to a lease described
in the preceding sentence may bring a civil action to enforce
the lease.''.
______
By Mr. CAMPBELL (for himself and Mr. Domenici):
S. 522. A bill to amend the Energy Policy Act of 1992 to assist
Indian tribes in developing energy resources, and for other purposes;
to the Committee on Indian Affairs.
Mr. CAMPBELL. Mr. President, today I am pleased to introduce the
Native American Energy Development and Self-Determination Act of 2003.
Our Nation is about to be embroiled in war in the Middle East and the
markets are anxious about the military action. As a result, world oil
prices are soaring and now are nearly $40 per barrel.
The economic repercussions to everyday Americans of high oil prices
cannot be overlooked. Industries reliant on cheap energy will contract
and people will lose their jobs.
The single working mom who commutes and delivers her child to daycare
will be paying much higher prices at the pump. Shoes for her kids and
payments into the college fund will have to wait.
The family-owned construction firm will be forced to let people go.
Families will be disrupted.
One obvious answer to our energy future is in more vigorous domestic
production.
For far too long Indian-owned energy resources have been overlooked
and untapped.
There are nearly 90 tribes that own significant energy resources--
both renewable and nonrenewable--and with rare exception these tribes
want to develop them.
The Interior Department estimates that 25 percent of oil and less
than 20 percent of natural gas reserves on Indian land have been
developed.
The bill I am introducing will provide financial assistance,
technical expertise, and regulatory relief to the tribes in their
efforts to manage and market their resources.
I urge my colleagues to join me in supporting this bill.
I ask unanimous consent that a copy 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. 522
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Energy
Development and Self-Determination Act of 2003''.
SEC. 2. INDIAN ENERGY.
(a) In General.--Title XXVI of the Energy Policy Act of
1992 (25 U.S.C. 3501 et seq.) is amended to read as follows:
``TITLE XXVI--INDIAN ENERGY
``SEC. 2601. FINDINGS; PURPOSES.
``(a) Findings.--Congress finds that--
``(1) the energy resources of Indians and Indian tribes are
among the most valuable natural resources of Indians and
Indian tribes;
``(2) there exists a special legal and political
relationship between the United States and Indian tribes as
expressed in treaties, the Constitution, Federal statutes,
court decisions, executive orders, and course of dealing;
``(3) Indian land comprises approximately 5 percent of the
land area of the United States, but contains an estimated 10
percent of all energy reserves in the United States,
including--
``(A) 30 percent of known coal deposits located in the
western portion of the United States;
``(B) 5 percent of known onshore oil deposits of the United
States; and
``(C) 10 percent of known onshore natural gas deposits of
the United States;
``(4) coal, oil, natural gas, and other energy minerals
produced from Indian land represent more than 10 percent of
total nationwide onshore production of energy minerals;
``(5) in 2000, 9,300,000 barrels of oil, 299,000,000,000
cubic feet of natural gas, and 21,400,000 tons of coal were
produced from Indian land, representing $700,000,000 in
Indian energy revenue;
``(6) the Department of the Interior estimates that only 25
percent of the oil and less than 20 percent of all natural
gas reserves on Indian land have been developed;
``(7) the Department of Energy estimates that the wind
resources of the Great Plains could meet 75 percent of the
electricity demand in the contiguous 48 States;
``(8) the development of Indian energy resources would
assist--
``(A) Indian communities in carrying out community
development efforts; and
``(B) the United States in securing a greater degree of
independence from foreign sources of energy; and
``(9) the United States, in accordance with Federal Indian
self-determination laws and policies, should assist Indian
tribes and individual Indians in developing Indian energy
resources.
``(b) Purposes.--The purposes of this title are--
``(1) to assist Indian tribes and individual Indians in the
development of Indian energy resources; and
``(2) to further the goal of Indian self-determination,
particularly through the development of stronger tribal
governments and greater degrees of tribal economic self-
sufficiency.
``SEC. 2602. DEFINITIONS.
``In this title:
``(1) Commission.--The term `Commission' means the Indian
Energy Resource Commission established by section 2606(a).
``(2) Director--The term `Director' means the Director of
the Office of Indian Energy Policy and Programs.
``(3) Indian.--The term `Indian' means an individual member
of an Indian tribe who owns land or an interest in land, the
title to which land--
``(A) is held in trust by the United States; or
``(B) is subject to a restriction against alienation
imposed by the United States.
``(4) Indian land.--The term `Indian land' means--
``(A) any land located within the boundaries of an Indian
reservation, pueblo, or rancheria;
``(B) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to which
is held--
[[Page S3173]]
``(i) in trust by the United States for the benefit of an
Indian tribe;
``(ii) by an Indian tribe, subject to restriction by the
United States against alienation; or
``(iii) by a dependent Indian community; and
``(C) land conveyed to a Native Corporation under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
``(5) Indian reservation.--The term `Indian reservation'
includes--
``(A) an Indian reservation in existence as of the date of
enactment of this paragraph;
``(B) a public domain Indian allotment;
``(C) a former reservation in the State of Oklahoma;
``(D) a parcel of land owned by a Native Corporation under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.); and
``(E) a dependent Indian community located within the
borders of the United States, regardless of whether the
community is located--
``(i) on original or acquired territory of the community;
or
``(ii) within or outside the boundaries of any particular
State.
``(6) 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).
``(7) Native corporation.--The term `Native Corporation'
has the meaning given the term in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
``(8) Program.--The term `Program' means the Indian energy
resource development program established under section
2603(a).
``(9) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(10) Tribal consortium.--The term `tribal consortium'
means an organization that consists of at least 3 entities, 1
of which is an Indian tribe.
``(11) Vertical integration of energy resources.--The term
`vertical integration of energy resources' means--
``(A) the discovery and development of renewable and
nonrenewable energy resources;
``(B) electricity transmission; and
``(C) any other activity that is carried out to achieve the
purposes of this title, as determined by the Secretary.
``SEC. 2603. INDIAN ENERGY RESOURCE DEVELOPMENT PROGRAM.
``(a) In General.--The Secretary shall establish and
implement an Indian energy resource development program to
assist Indian tribes and tribal consortia in achieving the
purposes of this title.
``(b) Grants and Loans.--In carrying out the Program, the
Secretary shall, at a minimum--
``(1) provide development grants to Indian tribes and
tribal consortia for use in developing or obtaining the
managerial and technical capacity needed to develop energy
resources on Indian land;
``(2) provide grants to Indian tribes and tribal consortia
for use in carrying out projects to promote the vertical
integration of energy resources, and to process, use, or
develop those energy resources, on Indian land; and
``(3) provide low-interest loans to Indian tribes and
tribal consortia for use in the promotion of energy resource
development and vertical integration or energy resources on
Indian land.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as are necessary for each of fiscal years 2004 through
2014.
``SEC. 2604. INDIAN TRIBAL RESOURCE REGULATION.
``(a) In General.--The Secretary may provide to Indian
tribes and tribal consortia, on an annual basis, grants for
use in developing, administering, implementing, and enforcing
tribal laws (including regulations) governing the development
and management of energy resources on Indian land.
``(b) Use of Funds.--Funds from a grant provided under this
section may be used by an Indian tribe or tribal consortium
for--
``(1) the development of a tribal energy resource inventory
or tribal energy resource;
``(2) the development of a feasibility study or other
report necessary to the development of energy resources;
``(3) the development of tribal laws and technical
infrastructure to protect the environment under applicable
law; or
``(4) the training of employees that--
``(A) are engaged in the development of energy resources;
or
``(B) are responsible for protecting the environment.
``(c) Other Assistance.--To the maximum extent practicable,
the Secretary and the Secretary of the Interior shall make
available to Indian tribes and tribal consortia scientific
and technical data for use in the development and management
of energy resources on Indian land.
``SEC. 2605. LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY
INVOLVING ENERGY DEVELOPMENT OR TRANSMISSION.
``(a) In General.--Notwithstanding any other provision of
law--
``(1) an Indian or Indian tribe may enter into a lease or
business agreement for the purpose of energy development,
including a lease or business agreement for--
``(A) exploration for, extraction of, processing of, or
other development of energy resources; and
``(B) construction or operation of--
``(i) an electric generation, transmission, or distribution
facility located on tribal land; or
``(ii) a facility to process or refine energy resources
developed on tribal land; and
``(2) a lease or business agreement described in paragraph
(1) shall not require the approval of the Secretary if--
``(A) the lease or business agreement is executed under
tribal regulations approved by the Secretary under subsection
(e); and
``(B) the term of the lease or business agreement does not
exceed 30 years.
``(b) Rights-of-Way for Pipelines or Electric Transmission
or Distribution Lines.--An Indian tribe may grant a right-of-
way over the tribal land of the Indian tribe for a pipeline
or an electric transmission or distribution line without
specific approval by the Secretary if--
``(1) the right-of-way is executed under and complies with
tribal regulations approved by the Secretary under subsection
(e);
``(2) the term of the right-of-way does not exceed 30
years; and
``(3) the pipeline or electric transmission or distribution
line serves--
``(A) an electric generation, transmission, or distribution
facility located on tribal land; or
``(B) a facility located on tribal land that processes or
refines renewable or nonrenewable energy resources developed
on tribal land.
``(c) Renewals.--A lease or business agreement entered into
or a right-of-way granted by an Indian tribe under this
section may be renewed at the discretion of the Indian tribe
in accordance with this section.
``(d) Validity.--No lease, business agreement, or right-of-
way under this section shall be valid unless the lease,
business agreement, or right-of-way is authorized in
accordance with tribal regulations approved by the Secretary
under subsection (e).
``(e) Tribal Regulatory Requirements.--
``(1) In general.--An Indian tribe may submit to the
Secretary for approval tribal regulations governing leases,
business agreements, and rights-of-way under this section.
``(2) Approval or disapproval.--
``(A) In general.--Not later than 120 days after the date
on which the Secretary receives tribal regulations submitted
by an Indian tribe under paragraph (1) (or such later date as
may be agreed to by the Secretary and the Indian tribe), the
Secretary shall approve or disapprove the regulations.
``(B) Conditions for approval.--The Secretary shall approve
tribal regulations submitted under paragraph (1) only if the
regulations include provisions that, with respect to a lease,
business agreement, or right-of-way under this section--
``(i) ensure the acquisition of necessary information from
the applicant for the lease, business agreement, or right-of-
way;
``(ii) address the term of the lease or business agreement
or the term of conveyance of the right-of-way;
``(iii) address amendments and renewals;
``(iv) address consideration for the lease, business
agreement, or right-of-way;
``(v) address technical or other relevant requirements;
``(vi) establish requirements for environmental review in
accordance with subparagraph (C);
``(vii) ensure compliance with all applicable environmental
laws;
``(viii) identify final approval authority;
``(ix) provide for public notification of final approvals;
and
``(x) establish a process for consultation with any
affected States concerning potential off-reservation impacts
associated with the lease, business agreement, or right-of-
way.
``(C) Environmental review process.--Tribal regulations
submitted under paragraph (1) shall establish, and include
provisions to ensure compliance with, an environmental review
process that, with respect to a lease, business agreement, or
right-of-way under this section, provides for--
``(i) the identification and evaluation of all significant
environmental impacts (as compared with a no-action
alternative);
``(ii) the identification of proposed mitigation;
``(iii) a process for ensuring that the public is informed
of and has an opportunity to comment on any proposed lease,
business agreement, or right-of-way before tribal approval of
the lease, business agreement, or right-of-way (or any
amendment to or renewal of a lease, business agreement, or
right-of-way); and
``(iv) sufficient administrative support and technical
capability to carry out the environmental review process.
``(3) Public participation.--The Secretary may provide
notice and opportunity for public comment on tribal
regulations submitted under paragraph (1).
``(4) Disapproval.--If the Secretary disapproves tribal
regulations submitted by an Indian tribe under paragraph (1),
the Secretary shall--
``(A) notify the Indian tribe in writing of the basis for
the disapproval;
``(B) identify what changes or other actions are required
to address the concerns of the Secretary; and
``(C) provide the Indian tribe with an opportunity to
revise and resubmit the regulations.
``(5) Execution of lease or business agreement or granting
of right-of-way.--
[[Page S3174]]
If an Indian tribe executes a lease or business agreement or
grants a right-of-way in accordance with tribal regulations
approved under this subsection, the Indian tribe shall
provide to the Secretary--
``(A) a copy of the lease, business agreement, or right-of-
way document (including all amendments to and renewals of the
document); and
``(B) in the case of tribal regulations or a lease,
business agreement, or right-of-way that permits payment to
be made directly to the Indian tribe, documentation of those
payments sufficient to enable the Secretary to discharge the
trust responsibility of the United States as appropriate
under applicable law.
``(6) Liability.--The United States shall not be liable for
any loss or injury sustained by any party (including an
Indian tribe or any member of an Indian tribe) to a lease,
business agreement, or right-of-way executed in accordance
with tribal regulations approved under this subsection.
``(7) Compliance review.--
``(A) In general.--After exhaustion of tribal remedies, any
person may submit to the Secretary, in a timely manner, a
petition to review compliance of an Indian tribe with tribal
regulations of the Indian tribe approved under this
subsection.
``(B) Action by secretary.--The Secretary shall--
``(i) not later than 60 days after the date on which the
Secretary receives a petition under subparagraph (A), review
compliance of an Indian tribe described in subparagraph (A);
and
``(ii) on completion of the review, if the Secretary
determines that an Indian tribe is not in compliance with
tribal regulations approved under this subsection, take such
action as is necessary to compel compliance, including--
``(I)(aa) rescinding a lease, business agreement, or right-
of-way under this section; or
``(bb) suspending a lease, business agreement, or right-of-
way under this section until an Indian tribe is in compliance
with tribal regulations; and
``(II) rescinding approval of the tribal regulations and
reassuming the responsibility for approval of leases,
business agreements, or rights-of-way associated with an
energy pipeline or distribution line described in subsection
(b).
``(C) Compliance.--If the Secretary seeks to compel
compliance of an Indian tribe with tribal regulations under
subparagraph (B)(ii), the Secretary shall--
``(i) make a written determination that describes the
manner in which the tribal regulations have been violated;
``(ii) provide the Indian tribe with a written notice of
the violation together with the written determination; and
``(iii) before taking any action described in subparagraph
(B)(ii) or seeking any other remedy, provide the Indian tribe
with a hearing and a reasonable opportunity to attain
compliance with the tribal regulations.
``(D) Appeal.--An Indian tribe described in subparagraph
(C) shall retain all rights to appeal as provided in
regulations promulgated by the Secretary.
``(f) Agreements.--
``(1) In general.--Any agreement by an Indian tribe that
relates to the development of an electric generation,
transmission, or distribution facility, or a facility to
process or refine renewable or nonrenewable energy resources
developed on tribal land, shall not require the specific
approval of the Secretary under section 2103 of the Revised
Statutes (25 U.S.C. 81) if the activity that is the subject
of the agreement is carried out in accordance with this
section.
``(2) Liability.--The United States shall not be liable for
any loss or injury sustained by any person (including an
Indian tribe or any member of an Indian tribe) resulting from
an action taken in performance of an agreement entered into
under this subsection.
``(g) No Effect on Other Law.--Nothing in this section
affects the application of any provision of--
``(1) the Act of May 11, 1938 (commonly known as the
`Indian Mineral Leasing Act of 1938') (25 U.S.C. 396a et
seq.);
``(2) the Indian Mineral Development Act of 1982 (25 U.S.C.
2101 et seq.);
``(3) the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 et seq.); or
``(4) any Federal environmental law.
``SEC. 2606. INDIAN ENERGY RESOURCE COMMISSION.
``(a) Establishment.--There is established a commission to
be known as the `Indian Energy Resource Commission'.
``(b) Members.--The Commission shall consist of--
``(1) 8 members appointed by the Secretary of Interior,
based on recommendations submitted by Indian tribes with
developable energy resources, at least 4 of whom shall be
elected tribal leaders;
``(2) 3 members appointed by the Secretary of Interior,
based on recommendations submitted by the Governors of States
in which are located--
``(A) 1 or more Indian reservations; or
``(B) Indian land with developable energy resources;
``(3) 2 members appointed by the Secretary of Interior from
among individuals in the private sector with expertise in
tribal and State taxation of energy resources;
``(4) 2 members appointed by the Secretary of Interior from
among individuals with expertise in oil and gas royalty
management administration, including auditing and accounting;
``(5) 2 members appointed by the Secretary of Interior from
among individuals in the private sector with expertise in
energy development;
``(6) 1 member appointed by the Secretary of Interior,
based on recommendations submitted by national environmental
organizations;
``(7) the Secretary of the Interior; and
``(8) the Secretary.
``(c) Appointments.--Members of the Commission shall be
appointed not later than 120 days after the date of enactment
of the Native American Energy Development and Self-
Determination Act of 2003.
``(d) Vacancies.--A vacancy in the Commission--
``(1) shall be filled in the same manner as the original
appointment was made; and
``(2) shall not affect the powers of the Commission.
``(e) Chairperson.--The members of the Commission shall
elect a Chairperson from among the members of the Commission.
``(f) Quorum.--Eleven members of the Commission shall
constitute a quorum, but a lesser number may hold hearings
and convene meetings.
``(g) Organizational Meeting.--Not later than 30 days after
the date on which at least 11 members have been appointed to
the Commission, the Commission shall hold an organizational
meeting to establish the rules and procedures of the
Commission.
``(h) Compensation of Members.--
``(1) Non-federal employees.--A member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Commission.
``(2) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of
the Federal Government.
``(i) Travel Expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Commission.
``(j) Staff.--
``(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as are necessary to enable
the Commission to perform the duties of the Commission.
``(2) Confirmation of executive director.--The employment
of an executive director shall be subject to confirmation by
the Commission.
``(3) Compensation.--
``(A) In general.--Except as provided in subparagraph (B),
the Chairperson of the Commission may fix the compensation of
the executive director and other personnel without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates.
``(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed the
rate payable for level IV of the Executive Schedule under
section 5316 of title 5, United States Code.
``(4) Experts and consultants.--With the approval of the
Commission, the executive director may retain and fix the
compensation of experts and consultants as the executive
director considered necessary to carry out the duties of the
Commission.
``(5) Detail of federal government employees.--
``(A) In general.--An employee of the Federal Government
may be detailed to the Commission without reimbursement.
``(B) Civil service status.--The detail of the employee
shall be without interruption or loss of civil service status
or privilege.
``(k) Duties of Commission.--The Commission shall--
``(1) develop proposals to address dual taxation by Indian
tribes and States of the extraction of energy minerals on
Indian land;
``(2) make recommendations to improve the management,
administration, accounting, and auditing of royalties
associated with the production of energy minerals on Indian
land;
``(3) develop alternatives for the collection and
distribution of royalties associated with the production of
energy minerals on Indian land;
``(4) develop proposals for incentives to foster the
development of energy resources on Indian land;
``(5) identify barriers or obstacles to the development of
energy resources on Indian land, and make recommendations
designed to foster the development of energy resources on
Indian land, in order to promote economic development;
``(6) develop proposals for the promotion of vertical
integration of energy resources on Indian land; and
[[Page S3175]]
``(7) develop proposals on taxation incentives to foster
the development of energy resources on Indian land, including
investment tax credits and enterprise zone credits.
``(l) Powers of Commission.--The Commission or, at the
direction of the Commission, any subcommittee or member of
the Commission, may, for the purpose of carrying out this
title--
``(1) hold such hearings, meet and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths;
``(2) secure directly from any Federal agency such
information; and
``(3) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials;
as the Commission, subcommittee, or member considers
advisable.
``(m) Commission Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Native American Energy Development and Self-
Determination Act of 2003, the Commission shall submit to the
President, the Committee on Resources of the House of
Representatives, and the Committee on Indian Affairs and the
Committee on Energy and Natural Resources of the Senate, a
report that describes the proposals, recommendations, and
alternatives described in subsection (k).
``(2) Review and comment.--Before submission of the report
required under this subsection, the Chairperson of the
Commission shall provide to each interested Indian tribe and
each State in which is located 1 or more Indian reservations
or Indian land with developable energy resources, a draft of
the report for review and comment.
``(n) Authorization of Appropriations.--There are
authorized to be appropriated to the Commission such sums as
are necessary to carry out this section, to remain available
until expended.
``(o) Termination.--The Commission shall terminate 30 days
after the date of submission of the report under subsection
(m)(1).
``SEC. 2607. ENERGY EFFICIENCY AND STRUCTURES ON INDIAN LAND.
``(a) Technical Assistance to Nonprofit and Community
Organizations.--The Secretary of Housing and Urban
Development, in cooperation with Indian tribes or tribally-
designated housing entities of Indian tribes, shall provide,
to eligible (as determined by the Secretary of Housing and
Urban Development) nonprofit and community organizations,
technical assistance to initiate and expand the use of
energy-saving technologies in--
``(1) new home construction;
``(2) housing rehabilitation; and
``(3) housing in existence as of the date of enactment of
the Native American Energy Development and Self-Determination
Act of 2003.
``(b) Review.--The Secretary of Housing and Urban
Development and the Secretary of the Interior, in
consultation with Indian tribes or tribally-designated
housing entities of Indian tribes, shall--
``(1) complete a review of regulations promulgated by the
Secretary of Housing and Urban Development and the Secretary
of the Interior to identify any feasible measures that may be
taken to promote greater use of energy efficient technologies
in housing for which Federal assistance is provided under the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.);
``(2) develop energy efficiency and conservation measures
for use in connection with housing that is--
``(A) located on Indian land; and
``(B) constructed, repaired, or rehabilitated using
assistance provided under any law or program administered by
the Secretary of Housing and Urban Development or the
Secretary of the Interior, including--
``(i) the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
``(ii) the Indian Home Improvement Program of the Bureau of
Indian Affairs; and
``(3) promote the use of the measures described in
paragraph (2) in programs administered by the Secretary of
Housing and Urban Development and the Secretary of the
Interior, as appropriate.
``SEC. 2608. INDIAN MINERAL DEVELOPMENT REVIEW BY SECRETARY
OF THE INTERIOR.
``(a) In General.--As soon as practicable after the date of
enactment of the Native American Energy Development and Self-
Determination Act of 2003, the Secretary of the Interior
shall conduct and provide to the Secretary a review of all
activities being conducted under the Indian Mineral
Development Act of 1982 (25 U.S.C. 2101 et seq.) as of that
date.
``(b) Report.--Not later than 1 year after the date of
enactment of the Native American Energy Development and Self-
Determination Act of 2003, the Secretary shall submit to the
Committee on Resources and the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Indian Affairs and the Committee on Energy and Natural
Resources of the Senate a report that includes--
``(1) the results of the review;
``(2) recommendations to ensure that Indian tribes have the
opportunity to develop Indian energy resources; and
``(3)(A) an analysis of the barriers to the development of
energy resources on Indian land (including legal, fiscal,
market, and other barriers); and
``(B) recommendations for the removal of those barriers.
``SEC. 2609. INDIAN ENERGY STUDY BY SECRETARY OF ENERGY.
``(a) In General.--Not later than 2 years after the date of
enactment of the Native American Energy Development and Self-
Determination Act of 2003, and every 2 years thereafter, the
Secretary shall submit to the Committees on Energy and
Commerce and Resources of the House of Representatives and
the Committee on Energy and Natural Resources and the
Committee on Indian Affairs of the Senate a report on energy
development potential on Indian land.
``(b) Requirements.--The report shall--
``(1) identify barriers to the development of renewable
energy by Indian tribes (including legal, regulatory, fiscal,
and market barriers); and
``(2) include recommendations for the removal of those
barriers.
``SEC. 2610. CONSULTATION WITH INDIAN TRIBES.
``In carrying out this title, the Secretary and the
Secretary of Interior shall, as appropriate and to the
maximum extent practicable, involve and consult with Indian
tribes in a manner that is consistent with the Federal trust
and the government-to-government relationships between Indian
tribes and the Federal Government.''.
(b) Energy Efficiency in Federally-Assisted Housing.--
(1) Finding.--Congress finds that the Secretary of Housing
and Urban Development should promote energy conservation in
housing that is located on Indian land and assisted with
Federal resources through--
(A) the use of energy-efficient technologies and
innovations (including the procurement of energy-efficient
refrigerators and other appliances);
(B) the promotion of shared savings contracts; and
(C) the use and implementation of such other similar
technologies and innovations as the Secretary of Housing and
Urban Development considers to be appropriate.
(2) Amendment.--Section 202(2) of the Native American
Housing and Self-Determination Act of 1996 (25 U.S.C.
4132(2)) is amended by inserting ``improvement to achieve
greater energy efficiency,'' after ``planning,''.
______
By Mr. CAMPBELL:
S. 523. A bill to make technical corrections to law relating to
Native Americans, and for other purposes; to the Committee on Indian
Affairs.
Mr. CAMPBELL. Mr. President, today I am introducing the Indian
Technical Corrections Act of 2003 to provide routine and
noncontroversial amendments to Federal statutes affecting Indian tribes
and Indian people.
The vast majority of these amendments were included in legislation in
the last session of Congress that failed to be enacted.
Though modest, this bill provides real relief to the many tribes that
seek Congress' assistance.
I ask unanimous consent that a copy 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. 523
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native
American Technical Corrections Act of 2003''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE
AMERICANS
Subtitle A--Technical Amendments
Sec. 101. Ute Mountain Ute Tribe; oil shale reserve.
Sec. 102. Bosque Redondo Memorial Act.
Sec. 103. Navajo-Hopi Land Settlement Act.
Sec. 104. Cow Creek Band of Umpqua Indians.
Sec. 105. Pueblo de Cochiti; modification of settlement.
Sec. 106. Chippewa Cree Tribe; modification of settlement.
Sec. 107. Mississippi Band of Choctaw Indians.
Subtitle B--Other Provisions Relating to Native Americans
Sec. 111. Barona Band of Mission Indians; facilitation of construction
of pipeline to provide water for emergency fire
suppression and other purposes.
Sec. 112. Conveyance of Native Alaskan objects.
Sec. 113. Oglala Sioux Tribe; waiver of repayment of expert assistance
loans.
Sec. 114. Pueblo of Acoma; land and mineral consolidation.
Sec. 115. Pueblo of Santo Domingo; waiver of repayment of expert
assistance loans.
Sec. 116. Quinault Indian Nation; water feasibility study.
[[Page S3176]]
Sec. 117. Santee Sioux Tribe; study and report.
Sec. 118. Seminole Tribe of Oklahoma; waiver of repayment of expert
assistance loans.
Sec. 119. Shakopee Mdewakanton Sioux Community.
TITLE II--PUEBLO OF SANTA CLARA AND PUEBLO OF SAN ILDEFONSO
Sec. 201. Definitions.
Sec. 202. Trust for the Pueblo of Santa Clara, New Mexico.
Sec. 203. Trust for the Pueblo of San Ildefonso, New Mexico.
Sec. 204. Survey and legal descriptions.
Sec. 205. Administration of trust land.
Sec. 206. Effect.
Sec. 207. Gaming.
TITLE III--DISTRIBUTION OF QUINAULT PERMANENT FISHERIES FUNDS
Sec. 301. Distribution of judgment funds.
Sec. 302. Conditions for distribution.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, except as otherwise provided in this Act, the
term ``Secretary'' means the Secretary of the Interior.
TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE
AMERICANS
Subtitle A--Technical Amendments
SEC. 101. UTE MOUNTAIN UTE TRIBE; OIL SHALE RESERVE.
Section 3405(c) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note;
Public Law 105-261) is amended by striking paragraph (3) and
inserting the following:
``(3) With respect to the land conveyed to the Tribe under
subsection (b)--
``(A) the land shall not be subject to any Federal
restriction on alienation; and
``(B) no grant, lease, exploration or development
agreement, or other conveyance of the land (or any interest
in the land) that is authorized by the governing body of the
Tribe shall be subject to approval by the Secretary of the
Interior or any other Federal official.''.
SEC. 102. BOSQUE REDONDO MEMORIAL ACT.
Section 206 of the Bosque Redondo Memorial Act (16 U.S.C.
431 note; Public Law 106-511) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``2000'' and inserting
``2004''; and
(B) in paragraph (2), by striking ``2001 and 2002'' and
inserting ``2005 and 2006''; and
(2) in subsection (b), by striking ``2002'' and inserting
``2007,''.
SEC. 103. NAVAJO-HOPI LAND SETTLEMENT ACT.
Section 25(a)(8) of Public Law 93-531 (commonly known as
the ``Navajo-Hopi Land Settlement Act of 1974'') (25
U.S.C.40d-24(a) (8)) is amended by striking ``annually for
fiscal years 1995, 1996, 1997, 1998, 1999, and 2000'' and
inserting ``for each of fiscal years 2003 through 2008''.
SEC. 104. COW CREEK BAND OF UMPQUA INDIANS.
Section 7 of the Cow Creek Band of Umpqua Tribe of Indians
Recognition Act (25 U.S.C. 712e) is amended in the third
sentence by inserting before the period at the end the
following: ``, and shall be treated as on-reservation land
for the purpose of processing acquisitions of real property
into trust''.
SEC. 105. PUEBLO DE COCHITI; MODIFICATION OF SETTLEMENT.
Section 1 of Public Law 102-358 (106 Stat. 960) is
amended--
(1) by striking ``implement the settlement'' and inserting
the following: ``implement--
``(1) the settlement;'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) the modifications regarding the use of the settlement
funds as described in the agreement known as the `First
Amendment to Operation and Maintenance Agreement for
Implementation of Cochiti Wetlands Solution', executed--
``(A) on October 22, 2001, by the Army Corps of Engineers;
``(B) on October 25, 2001, by the Pueblo de Cochiti of New
Mexico; and
``(C) on November 8, 2001, by the Secretary of the
Interior.''.
SEC. 106. CHIPPEWA CREE TRIBE; MODIFICATION OF SETTLEMENT.
(a) In General.--Section 101(b)(3) of the Chippewa Cree
Tribe of The Rocky Boy's Reservation Indian Reserved Water
Rights Settlement and Water Supply Enhancement Act of 1999
(Public Law 106-163; 113 Stat. 1782) is amended by striking
``3 years'' and inserting ``6 years''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to any decree described in section 101(b)(1) of
the Chippewa Cree Tribe of The Rocky Boy's Reservation Indian
Reserved Water Rights Settlement and Water Supply Enhancement
Act of 1999 (Public Law 106-163; 113 Stat. 1782) entered into
on or after December 9, 1999.
SEC. 107. MISSISSIPPI BAND OF CHOCTAW INDIANS.
Section 1(a)(2) of Public Law 106-228 (114 Stat. 462) is
amended by striking ``report entitled'' and all that follows
through ``is hereby declared'' and inserting the following:
``report entitled `Report of May 17, 2002, Clarifying and
Correcting Legal Descriptions or Recording Information for
Certain Lands placed into Trust and Reservation Status for
the Mississippi Band of Choctaw Indians by Section 1(a)(2) of
Pub. L. 106-228, as amended by Title VIII, Section 811 of
Pub. L. 106-568', on file in the Office of the
Superintendent, Choctaw Agency, Bureau of Indian Affairs,
Department of the Interior, is declared''.
Subtitle B--Other Provisions Relating to Native Americans
SEC. 111. BARONA BAND OF MISSION INDIANS; FACILITATION OF
CONSTRUCTION OF PIPELINE TO PROVIDE WATER FOR
EMERGENCY FIRE SUPPRESSION AND OTHER PURPOSES.
(a) In General.--Notwithstanding any other provision of
law, subject to valid existing rights under Federal and State
law, and to any easements or similar restrictions which may
be granted to the city of San Diego, California, for the
construction, operation and maintenance of a pipeline and
related appurtenances and facilities for conveying water from
the San Vicente Reservoir to the Barona Indian Reservation,
or for conservation, wildlife or habitat protection, or
related purposes, the land described in subsection (b), fee
title to which is held by the Barona Band of Mission Indians
of California (referred to in this section as the ``Band'')--
(1) is declared to be held in trust by the United States
for the benefit of the Band; and
(2) shall be considered to be a portion of the reservation
of the Band.
(b) Land.--The land referred to in subsection (a) is land
comprising approximately 85 acres in San Diego County,
California, and described more particularly as follows: San
Bernardino Base and Meridian; T. 14 S., R. 1 E.; sec. 21:
W\1/2\ SE\1/4\, 68 acres; NW\1/4\ NW\1/4\, 17 acres.
(c) Gaming.--The land taken into trust by subsection (a)
shall neither be considered to have been taken into trust for
gaming, nor be used for gaming (as that term is used in the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
SEC. 112. CONVEYANCE OF NATIVE ALASKAN OBJECTS.
Notwithstanding any provision of law affecting the disposal
of Federal property, on the request of the Chugach Alaska
Corporation or Sealaska Corporation, the Secretary of
Agriculture shall convey to whichever of those corporations
that has received title to a cemetery site or historical
place on National Forest System land conveyed under section
14(h)(1) of the Alaska Native Claims Settlement Act (43
U.S.C. 1613(h)(1)) all artifacts, physical remains, and
copies of any available field records that--
(1)(A) are in the possession of the Secretary of
Agriculture; and
(B) have been collected from the cemetery site or
historical place; but
(2) are not required to be conveyed in accordance with the
Native American Graves Protection and Repatriation Act (25
U.S.C. 3001 et seq.) or any other applicable law.
SEC. 113. OGLALA SIOUX TRIBE; WAIVER OF REPAYMENT OF EXPERT
ASSISTANCE LOANS.
Notwithstanding any other provision of law--
(1) the balances of all outstanding expert assistance loans
made to the Oglala Sioux Tribe under Public Law 88-168 (77
Stat. 301), and relating to Oglala Sioux Tribe v. United
States (Docket No. 117 of the United States Court of Federal
Claims), including all principal and interest, are canceled;
and
(2) the Secretary shall take such action as is necessary
to--
(A) document the cancellation under paragraph (1); and
(B) release the Oglala Sioux Tribe from any liability
associated with any loan described in paragraph (1).
SEC. 114. PUEBLO OF ACOMA; LAND AND MINERAL CONSOLIDATION.
(a) Definition of Bidding or Royalty Credit.--The term
``bidding or royalty credit'' means a legal instrument or
other written documentation, or an entry in an account
managed by the Secretary, that may be used in lieu of any
other monetary payment for--
(1) a bonus bid for a lease sale on the outer Continental
Shelf; or
(2) a royalty due on oil or gas production;
for any lease located on the outer Continental Shelf outside
the zone defined and governed by section 8(g)(2) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(g)(2)).
(b) Authority.--Notwithstanding any other provision of law,
the Secretary may acquire any nontribal interest in or to
land (including an interest in mineral or other surface or
subsurface rights) within the boundaries of the Acoma Indian
Reservation for the purpose of carrying out Public Law 107-
138 (116 Stat. 6) by issuing bidding or royalty credits under
this section in an amount equal to the value of the interest
acquired by the Secretary, as determined under section 1(a)
of Public Law 107-138 (116 Stat. 6).
(c) Use of Bidding and Royalty Credits.--On issuance by the
Secretary of a bidding or royalty credit under subsection
(b), the bidding or royalty credit--
(1) may be freely transferred to any other person (except
that, before any such transfer, the transferor shall notify
the Secretary of the transfer by such method as the Secretary
may specify); and
(2) shall remain available for use by any other person
during the 5-year period beginning on the date of issuance by
the Secretary of the bidding or royalty credit.
SEC. 115. PUEBLO OF SANTO DOMINGO; WAIVER OF REPAYMENT OF
EXPERT ASSISTANCE LOANS.
Notwithstanding any other provision of law--
[[Page S3177]]
(1) the balances of all expert assistance loans made to the
Pueblo of Santo Domingo under Public Law 88-168 (77 Stat.
301), and relating to Pueblo of Santo Domingo v. United
States (Docket No.355 of the United States Court of Federal
Claims), including all principal and interest, are canceled;
and
(2) the Secretary shall take such action as is necessary
to--
(A) document the cancellation under paragraph (1); and
(B) release the Pueblo of Santo Domingo from any liability
associated with any loan described in paragraph (1).
SEC. 116. QUINAULT INDIAN NATION; WATER FEASIBILITY STUDY.
(a) In General.--The Secretary may carry out a water
source, quantity, and quality feasibility study for the
Quinault Indian Nation, to identify ways to meet the current
and future domestic and commercial water supply and
distribution needs of the Quinault Indian Nation on the
Olympic Peninsula, Washington.
(b) Public Availability of Results.--As soon as practicable
after completion of a feasibility study under subsection (a),
the Secretary shall--
(1) publish in the Federal Register a notice of the
availability of the results of the feasibility study; and
(2) make available to the public, on request, the results
of the feasibility study.
SEC. 117. SANTEE SIOUX TRIBE; STUDY AND REPORT.
(a) Study.--Pursuant to reclamation laws, the Secretary,
acting through the Bureau of Reclamation and in consultation
with the Santee Sioux Tribe of Nebraska (referred to in this
subtitle as the ``Tribe''), shall conduct a feasibility study
to determine the most feasible method of developing a safe
and adequate municipal, rural, and industrial water treatment
and distribution system for the Santee Sioux Tribe of
Nebraska that could serve the tribal community and adjacent
communities and incorporate population growth and economic
development activities for a period of 40 years.
(b) Cooperative Agreement.--At the request of the Tribe,
the Secretary shall enter into a cooperative agreement with
the Tribe for activities necessary to conduct the study
required by subsection (a) regarding which the Tribe has
unique expertise or knowledge.
(c) Report.--Not later than 1 year after funds are made
available to carry out this subtitle, the Secretary shall
submit to Congress a report containing the results of the
study required by subsection (a).
(d) Authorization of Appropriations.--There is authorized
to be appropropriated to the Secretary to carry out this
section $500,000, to remain available until expended.
SEC. 118. SEMINOLE TRIBE OF OKLAHOMA; WAIVER OF REPAYMENT OF
EXPERT ASSISTANCE LOANS.
Notwithstanding any other provision of law--
(1) the balances of all outstanding expert assistance loans
made to the Seminole Tribe of Oklahoma under Public Law 88-
168 (77 Stat. 301), and relating to Seminole Tribe of
Oklahoma v. United States (Docket No.247 of the United States
Court of Federal Claims), including all principal and
interest, are canceled; and
(2) the Secretary shall take such action as is necessary
to--
(A) document the cancellation under paragraph (1); and
(B) release the Seminole Tribe of Oklahoma from any
liability associated with any loan described in paragraph
(1).
SEC. 119. SHAKOPEE MDEWAKANTON SIOUX COMMUNITY.
(a) In General.--Notwithstanding any other provision of
law, without further authorization by the United States, the
Shakopee Mdewakanton Sioux Community in the State of
Minnesota (referred to in this section as the ``Community'')
may lease, sell, convey, warrant, or otherwise transfer all
or any part of the interest of the Community in or to any
real property that is not held in trust by the United States
for the benefit of the Community.
(b) No Effect on Trust Land.--Nothing in this section--
(1) authorizes the Community to lease, sell, convey,
warrant, or otherwise transfer all or part of an interest in
any real property that is held in trust by the United States
for the benefit of the Community; or
(2) affects the operation of any law governing leasing,
selling, conveying, warranting, or otherwise transferring any
interest in that trust land.
TITLE II--PUEBLO OF SANTA CLARA AND PUEBLO OF SAN ILDEFONSO
SEC. 201. DEFINITIONS.
In this title:
(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 204(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) Trust land.--The term ``trust land'' means the land
held by the United States in trust under section 202(a) or
203(a).
SEC. 202. 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. 203. 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. 204. 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 3102(b) and 3103(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 3102(b)
and 3103(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. 205. ADMINISTRATION OF TRUST LAND.
(a) In General.--Effective beginning on the date of
enactment of this Act--
(1) the land held in trust under section 202(a) shall be
declared to be a part of the Santa Clara Indian Reservation;
and
(2) the land held in trust under section 203(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
[[Page S3178]]
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. 206. EFFECT.
Nothing in this title--
(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.
SEC. 207. GAMING.
Land taken into trust under this title shall neither be
considered to have been taken into trust, nor be used for,
gaming (as that term is used in the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.)).
TITLE III--DISTRIBUTION OF QUINAULT PERMANENT FISHERIES FUNDS
SEC. 301. DISTRIBUTION OF JUDGMENT FUNDS.
(a) Funds To Be Deposited Into Separate Accounts.--
(1) In general.--Subject to section 302, not later than 30
days after the date of enactment of this Act, the funds
appropriated on September 19, 1989, in satisfaction of an
award granted to the Quinault Indian Nation under Dockets
772-71, 773-71, 774-71, and 775-71 before the United States
Claims Court, less attorney fees and litigation expenses, and
including all interest accrued to the date of disbursement,
shall be distributed by the Secretary and deposited into 3
separate accounts to be established and maintained by the
Quinault Indian Nation (referred to in this title as the
``Tribe'') in accordance with this subsection.
(2) Account for principal amount.--
(A) In general.--The Tribe shall--
(i) establish an account for the principal amount of the
judgment funds; and
(ii) use those funds to establish a Permanent Fisheries
Fund.
(B) Use and investment.--The principal amount described in
subparagraph (A)(i)--
(i) except as provided in subparagraph (A)(ii), shall not
be expended by the Tribe; and
(ii) shall be invested by the Tribe in accordance with the
investment policy of the Tribe.
(3) Account for investment income.--
(A) In general.--The Tribe shall establish an account for,
and deposit in the account, all investment income earned on
amounts in the Permanent Fisheries Fund established under
paragraph (2)(A)(ii) after the date of distribution of the
funds to the Tribe under paragraph (1).
(B) Use of funds.--Funds deposited in the account
established under subparagraph (A) shall be available to the
Tribe--
(i) subject to subparagraph (C), to carry out fisheries
enhancement projects; and
(ii) pay expenses incurred in administering the Permanent
Fisheries Fund established under paragraph (2)(A)(ii).
(C) Specification of projects.--Each fisheries enhancement
project carried out under subparagraph (B)(i) shall be
specified in the approved annual budget of the Tribe.
(4) Account for income on judgment funds.--
(A) In general.--The Tribe shall establish an account for,
and deposit in the account, all investment income earned on
the judgment funds described in subsection (a) during the
period beginning on September 19, 1989, and ending on the
date of distribution of the funds to the Tribe under
paragraph (1).
(B) Use of funds.--
(i) In general.--Subject to clause (ii), funds deposited in
the account established under subparagraph (A) shall be
available to the Tribe for use in carrying out tribal
government activities.
(ii) Specification of activities.--Each tribal government
activity carried out under clause (i) shall be specified in
the approved annual budget of the Tribe.
(b) Determination of Amount of Funds Available.--Subject to
compliance by the Tribe with paragraphs (3)(C) and (4)(B)(ii)
of subsection (a), the Quinault Business Committee, as the
governing body of the Tribe, may determine the amount of
funds available for expenditure under paragraphs (3) and (4)
of subsection (a).
(c) Annual Audit.--The records and investment activities of
the 3 accounts established under subsection (a) shall--
(1) be maintained separately by the Tribe; and
(2) be subject to an annual audit.
(d) Reporting of Investment Activities and Expenditures.--
Not later than 120 days after the date on which each fiscal
year of the Tribe ends, the Tribe shall make available to
members of the Tribe a full accounting of the investment
activities and expenditures of the Tribe with respect to each
fund established under this section (which may be in the form
of the annual audit described in subsection (c)) for the
fiscal year.
SEC. 302. CONDITIONS FOR DISTRIBUTION.
(a) United States Liability.--On disbursement to the Tribe
of the funds under section 301(a), the United States shall
bear no trust responsibility or liability for the investment,
supervision, administration, or expenditure of the funds.
(b) Application of Other Law.--All funds distributed under
this title shall be subject to section 7 of the Indian Tribal
Judgment Funds Use or Distribution Act (25 U.S.C. 1407).
______
By Mr. LEVIN (for himself, Ms. Collins, Mr. DeWine, Ms. Stabenow,
Mr. Reed, Mr. Inouye, Mr. Voinovich, Mr. Kennedy, Mr. Leahy,
Ms. Cantwell, Mr. Jeffords, Mr. Warner, Mr. Akaka, Mr.
Fitzgerald, Mr. Durbin, and Mr. Bayh):
S. 525. A bill to amend the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 to reauthorize and improve that Act; to the
Committee on Environment and Public Works.
Mr. LEVIN. Mr. President, today, my colleague from Maine, Senator
Collins and I are very pleased to introduce the National Aquatic
Invasive Species Act of 2003. This bill, which reauthorizes the
Nonindigenous Aquatic Nuisance Prevention and Control Act, takes a
comprehensive approach towards addressing aquatic nuisance species to
protect the Nation's waters. This bill deals with the prevention of new
introductions, the screening of new aquatic organisms coming into the
country, the rapid response to new invasions, and the research to
implement the provisions of this bill.
The problem of invasive species is a very real one. Over the past 450
years, during colonization and development of this country, more than
6,500 nonindigenous invasive species have been introduced into the
United States and have become established, self-sustaining populations.
These species--from microorganisms to mollusks, from pathogens to
plants, from insects to fish to animals--typically encounter few, if
any, natural enemies in their new environments and wreak havoc on
native species. Aquatic nuisance species threaten biodiversity
nationwide, especially in the Great Lakes.
Some of my colleagues may remember that back in the late eighties,
the problem of aquatic nuisance species was first raised after the
zebra mussel was released into the Great Lakes. The Great Lakes still
have zebra mussels, and now, 20 States are fighting to control them.
Zebra mussels were carried over from the Mediterranean to the Great
Lakes in the ballast tanks of ships. The leading pathway for aquatic
invasive species is maritime commerce. Most invasive species are
contained in the water that ships use for ballast. Aquatic invaders
such as the zebra mussel and round goby were introduced into the Great
Lakes when ships, often from halfway around the world, pulled into port
and discharged their ballast water. Aquatic invaders can also attach
themselves to ships' hulls and anchor chains.
Because of the impact that the zebra mussel had in the Great Lakes,
Congress passed legislation in 1990 and 1996 that have reduced, but not
eliminated, the threat of new invasions by requiring ballast water
management for ships entering the Great Lakes. Today, there is a
mandatory ballast water management program in the Great Lakes. The
current law requires that ships entering the Great Lakes must exchange
their ballast water, seal their ballast tanks or use alternative
treatment that is ``as effective as ballast water exchange.''
Unfortunately, the effectiveness of ballast water exchange has been
left undefined. Consequently, alternative treatments have not been
fully developed and widely tested on ships because the developers of
ballast technology do not know what standard
[[Page S3179]]
they are trying to achieve. This obstacle is serious because
ultimately, only onboard ballast water treatment will adequately reduce
the threat of new aquatic nuisance species being introduced through
ballast water.
Our bill rectifies this problem. First, this bill establishes
deadlines for national interim and final standards for ballast water
management. This way, technology vendors and the maritime industry know
when to expect clear requirements. Second, our bill establishes what
the phrase ``as effective as ballast water exchange'' means for the
purposes of the interim period. Research has shown that ballast water
exchange has highly variable effectiveness rates. This bill takes the
maximum effectiveness that ballast water exchange could have using the
safest approach--a 95-percent reduction of near coastal plankton and
establishes it as the floor for treatment effectiveness which is a 95
percent kill or removal of live organisms. Within 18 months of the
bill's passage, the Coast Guard is required to issue regulations
implementing an interim ballast water standard that would require ships
that enter any U.S. port after operating outside the Exclusive Economic
Zone of 200 miles to either use ballast water treatment technology that
meets the standard, retain the ship's ballast water, or exchange the
ship's ballast water in the high seas. Ships operating in coastal
waters would not be required to manage ballast water during the interim
standard.
A 95-percent reduction of organisms will be the interim standard used
for treatment technology until the EPA, with the concurrence of the
Coast Guard, promulgates the final standard. This interim standard is
not intended to be implemented for the long run, and it is not perfect.
However, a final standard is difficult to set today or in the near
future because of the limited research that has been conducted on how
clean or sterile ballast water discharge should be, what is the best
expression of a standard, and what is technologically achievable.
Rather than wait many more years before taking action to stop new
introductions, I believe that an imperfect but clear and achievable
interim standard for treatment technology is the right approach. This
interim standard will lead to the use of ballast treatments that are
more protective of our waters than the default method of ballast water
exchange provides, and it can be implemented in the very near future.
Further, the bill provides the Coast Guard with the flexibility to
promulgate the interim standard using a size-based standard or by
whatever parameters the Coast Guard determines appropriate.
I understand that ballast water technologies are being researched and
are ready to be tested onboard ships. These technologies include
ultraviolet lights, filters, chemicals, deoxygenation, and several
others. Each of these technologies has a different pricetag attached to
it. It is not my intention to overburden the maritime industry with an
expensive requirement to install technology. In fact, the legislation
states that the final ballast water technology standard must be based
on ``best available technology economically achievable.'' That means
that the EPA must consider what technology is available, and if there
is not economically achievable technology available to a class of
vessels, then the standard will not require ballast technology for that
class of vessels, subject to review every 3 years. I do not believe
this will be the case, however, because the approach creates a clear
incentive for treatment vendors to develop affordable equipment for the
market. Since ballast technology will be always evolving, it is
important that the EPA review and revise the standard so that it
reflects what is the best technology currently available and whether it
is economically achievable. Shipowners cannot be expected to upgrade
their equipment upon every few years as technology develops, however,
so the law provides an approval period of at least 10 years.
There are other important provisions of the bill as well. The bill
requires the Army Corps of Engineers to construct and operate the
Chicago Ship and Sanitary Canal project which includes the construction
of a second dispersal barrier to keep species like the Asian carp from
migrating up the Mississippi through the canal into the Great Lakes.
Equally important, this barrier will prevent the migration of invasive
species in the Great Lakes from proceeding into the Mississippi system.
The bill establishes an experimental ballast treatment approval process
to take effect immediately so that the treatment technology industry
can begin full-scale experimental installations of treatments on ships.
The bill authorizes additional funding for better coordinated research
to find effective means of combating invasive species. It would help
Federal, State, and regional authorities guard against future invasions
by developing early detection monitoring and rapid response plans. And
it provides funding for outreach and education programs to inform the
public and marina owners about the dangers of inadvertently carrying
aquatic invaders on the hulls of recreational boats or dumping bait
buckets into the Lakes.
Invasive species threaten the region's biological diversity and are
an economic drain. Estimates of the annual economic damage caused
nationwide by invasive species go as high as $137 billion. Because of
the system of canals connecting the Great Lakes to the Mississippi
River and the Atlantic Ocean, there are no physical barriers to block
the spread of invasive species, making the Great Lakes highly
vulnerable. Because of the frequency of ships entering into the Great
Lakes, though, our region is often ``ground zero,'' and once an exotic
species establishes itself, it is almost impossible to eradicate and
sometimes difficult to prevent from moving throughout the nation.
Therefore, prevention is the key to controlling new introductions.
All in all, the bill would cost between $160 million and $170 million
each year. This is a lot of money, but it is a critical investment. As
those of us from the Great Lakes know, the economic damage that
invasive species can cause is much greater. However, compared to the
$137 billion annual cost of invasive species, the cost of this bill is
minimal. Therefore, I urge my colleagues to cosponsor this legislation
and work to move the bill swiftly through the Senate.
Ms. COLLINS. Mr. President, from Pickerel Pond to Lake Auburn, from
Sebago Lake to Bryant Pond, lakes and ponds in Maine are under attack.
Aquatic invasive species threaten Maine's drinking water system,
recreation, wildlife habitat, lakefront real estate, and fisheries.
Plants, such as variable leaf milfoil, are crowding out native species.
Invasive Asian shore crabs are taking over southern New England's tidal
pools, and just last year began their advance into Maine--to the
potential detriment of Maine's lobster and clam industries.
Maine and many other States are attempting to fight back against
these invasions. Unfortunately, their efforts have frequently been of
limited success. As with national security, protecting the integrity of
our lakes, streams, and coastlines from invading species cannot be
accomplished by individual States alone. We need a uniform, nationwide
approach to deal effectively with invasive species.
Today I am pleased to join Senator Levin in introducing the National
Aquatic Invasive Species Act of 2003. This bill would create the most
comprehensive nationwide approach to date for combating alien species
that invade our shores.
The stakes are high when invasive species are unintentionally
introduced into our Nation's waters. They endanger ecosystems, reduce
biodiversity, and threaten native species. They disrupt people's lives
and livelihoods by lowering property values, impairing commercial
fishing and aquaculture, degrading recreational experiences, and
damaging public water supplies.
In the 1950s, European green crabs swarmed the Maine coast and
literally ate the bottom out of Maine's soft-shell clam industry by the
1980s. Many clam diggers were forced to go after other fisheries or
find new vocations. In just one decade, this invader reduced the number
of clam diggers in Maine from nearly 5,000 in the 1940s to fewer than
1500 in the 1950s. European green crabs currently cost an estimated $44
million a year in damage and control efforts in the United States.
Past invasions forewarn of the long-term consequences to our
environment and communities unless we take steps to prevent new
invasions. It is too late
[[Page S3180]]
to stop European green crabs from taking hold on the east coast, but we
still have the opportunity to prevent many other species from taking
hold in Maine and the United States.
Three months ago, in the town of Limerick, ME, one of North America's
most aggressive invasive species--hydrilla--was found in Pickeral Pond.
Hydrilla can quickly dominate its new ecosystem--already hydrilla
covers 60 percent of the bottom of Pickerel Pond from the shoreline out
to 6 feet deep. Never before detected in Maine, this stubborn and fast-
growing aquatic plant threatens Pickerel Pond's recreational use for
swimmers and boaters, and could spread to nearby lakes and ponds.
Unfortunately, eradication of hydrilla is nearly impossible, so we must
now work to prevent further infestation in the State.
The National Aquatic Invasive Species Act of 2003 is the most
comprehensive effort ever to address the threat of invasive species. By
authorizing $836 million over 6 years, this legislation would open
numerous new fronts in our war against invasive species. The bill
directs the Coast Guard to develop regulations that will end the easy
cruise of invasive species into U.S. waters through the ballast water
of international ships, and would provide the Coast Guard with $6
million per year to develop and implement these regulations.
The bill also would provide $30 million per year for a grant program
to assist State efforts to prevent the spread of invasive species. It
would provide $12 million per year for the Army Corps of Engineers and
Fish and Wildlife Service to contain and control invasive species.
Finally, the Levin-Collins bill would authorize $30 million annually
for research, education, and outreach.
The most effective means of stopping invading species is to attack
them before they attack us. We need an early alert, rapid response
system to combat invading species before they have a chance to take
hold. For the first time, this bill would establish a national
monitoring network to detect newly introduced species, while providing
$25 million to the Secretary of the Interior to create a rapid response
fund to help States and regions respond quickly once invasive species
have been detected. This bill is our best effort at preventing the next
wave of invasive species from taking hold and decimating industries and
destroying waterways in Maine and throughout the country.
One of the leading pathways for the introduction of aquatic organisms
to U.S. waters from abroad is through transoceanic vessels. Commercial
vessels fill and release ballast tanks with seawater as a means of
stabilization. The ballast water contains live organisms from plankton
to adult fish that are transported and released through this pathway.
The bill we are introducing today would establish a framework to
prevent the introduction of aquatic invasive species by ships.
Currently, the U.S. is in negotiations with the international
community on the development and implementation of an international
program for preventing the unintentional introduction and spread of
non-indigenous species through ballast water. I commend American
negotiators for working with the international community to address
this global problem. This legislation offers a strong framework that
the U.S. should use as a model in negotiating this important
international convention. The U.S. Government must ensure that the
international convention will be at least as protective as the
legislation we are introducing today. The United States must take the
most protective action possible to protect our waters, ecosystems, and
industries from destructive invasive species before it is too late.
Ms. STABENOW. Mr. President, I would like to express my strong
support for the National Aquatic Invasive Species Act of 2003, NAISA.
During the 107th Congress, I introduced S. 1034, the Great Lakes
Ecology Protection Act which sought to curb the influx of invasive
species into the Great Lakes. This is an immense task, as more then 87
nonindigenous aquatic species have been accidentally introduced into
the Great Lakes in the past century. I am proud to say that this bill
had strong bipartisan support with 12 Great Lakes Senators as original
cosponsors.
Today, I am proud to join Senator Levin as an original cosponsor of
NIASA which will provide a national strategy for preventing invasive
species from being introduced in the Great Lakes and our Nation's
waters. I am pleased that NIASA incorporates many of the ideas from the
Great Lakes Ecology Protection Act in formulating a national standard.
Invasive species have had a devastating economic and ecological
impact on the United States. They have already damaged the Great Lakes
in a number of ways. They have destroyed thousands of fish and
threatened our clean drinking water.
For example, Lake Michigan once housed the largest self-producing
lake trout fishery in the entire world. The invasive sea lamprey, which
was introduced from ballast water almost 80 years ago, has contributed
greatly to the decline of trout and whitefish in the Great Lakes by
feeding on and killing native trout species.
Today, lake trout must be stocked because they cannot naturally
reproduce in the lake. Many Great Lakes States have had to place severe
restrictions on catching yellow perch because invasive species such as
the zebra mussel disrupt the Great Lakes' ecosystem and compete with
yellow perch for food. The zebra mussel's filtration also increases
water clarity, which may be making is easier for predators to prey upon
the yellow perch. Moreover, tiny organisms like zooplankton that help
form the base of the Great Lakes food chain, have declined due to
consumption by exploding populations of zebra mussels.
We have made progress on preventing the spread of invasive species,
but we have not yet solved this problem. NIASA will create a mandatory
national ballast water management program to prevent the introduction
of invasive species into our waters, as well as, encourage the
development of new ballast treatment technology to eliminate invasive
species. NIASA also will greatly increase research funding for these
treatment and prevention technologies, and provide necessary funding
and resources for invasive species rapid response plans. In addition,
the bill will increase outreach and education to recreational boaters
and the general public on how to prevent the spread of invasive
species.
As Members of the U.S. Congress, we have a responsibility to share in
the stewardship of our Nation's natural resources. As a Great Lakes
Senator, I feel a particularly strong responsibility to protect a
resource that is not only a source of clean drinking water for more
than 30 million people in the Great Lakes, but is vital to Michigan's
economy and environment. I am proud to support a bill that will provide
innovative solutions and necessary resources to this longstanding
environmental problem, and will also protect our precious water
resources for the enjoyment and benefit of future generation of
Americans.
Mr. JEFFORDS. Mr. President, I rise today to join my colleagues,
Senator Levin and Senator Snowe in introducing the ``National Aquatic
Invasive Species Act of 2003.''
The waters of the United States continue to face threats from aquatic
invasive species. Invasive species take both an economic and an
environmental toll. The United States and Canada are spending $14
million a year just to try to control sea lamprey, a species that has
invaded Lake Champlain and the Great Lakes. The environmental costs are
also staggering. Invasive species usually have high reproductive rates,
disperse easily, and can tolerate a wide range of environmental
conditions, making them very difficult to eradicate. They often lack
predators in their new environment and out-compete native species for
prey or breeding sites.
The legislation we are introducing today will build on programs
established over the last decade and focus much of our attention and
resources on preventing invasive species from entering our aquatic
ecosystems. This legislation establishes a mandatory ballast water
management program for the entire country; makes federal funds and
resources available for rapid response to the introduction of invasive
species and for prevention, control and research.
Increased funding and resources for dispersal barrier projects and
research to prevent the interbasin transfer of
[[Page S3181]]
organisms is of particular importance in my State of Vermont. We, along
with New York, are home to one of this country's most beautiful lakes--
Lake Champlain. However, zebra mussels, Eurasian water milfoil, water
chestnuts, and sea lamprey have invaded Lake Champlain and are having a
devastating impact. Like most who visit Lake Champlain, these species
want to call it home, but we cannot compromise the health of the lake.
Examining the feasibility and effectiveness of a dispersal barrier in
the Lake Champlain Canal to control the dispersal of invasive species
in the lake is another avenue toward preventing further destructive
dispersal of these species.
I look forward to working with my colleagues on the Environment and
Public Works Committee and in the Senate to move this important
legislation forward.
______
By Mr. HATCH (for himself, Mr. Graham of Florida, Mr. Kennedy,
Mr. Coleman, Ms. Mikulski, Mr. Allard, and Mr. Dayton):
S. 526. A bill to amend title XVIII of the Social Security Act to
improve access to Medicare+Choice plans for special needs medicare
beneficiaries by allowing plans to target enrollment to special needs
beneficiaries; to the Committee on Finance.
Mr. HATCH. Mr. President, I rise today to introduce a bill designed
to provide assistance to vulnerable Medicare beneficiaries: the
Medicare Improvements for Special Needs Beneficiaries Act of 2003. This
legislation will improve access to health care for frail and elderly
Medicare beneficiaries who reside in nursing homes or their local
communities.
Approximately 6 million Medicare beneficiaries are eligible for both
Medicare and Medicaid coverage. Known as ``dual eligibles,'' these
beneficiaries are the most vulnerable group of Medicare recipients.
They are elderly or disabled and poor. Many have serious health
concerns and complex medical, social, and long-term care needs. As a
result, dual eligibles represent a disproportionate share of Medicare
spending.
To address the concerns of dual eligibles, a small number of health
plans specialize in providing quality coordinated care to frail,
elderly Medicare beneficiaries through demonstrations and the
Medicare+Choice Program. These specialized plans include innovative
clinical models of care that improve care and health outcomes while
reducing medical costs. Today, approximately 25,000 Medicare
beneficiaries, most of whom reside in nursing homes, receive their
health care through these specialized plans.
Through these plans, physicians and nurse practitioners work together
to provide as much primary, preventive, and acute care as possible on
site--in a nursing home facility or in the patient's home. For those
beneficiaries residing in nursing homes, this means fewer trips to the
emergency room; for those still living at home, it delays nursing home
placement. If enrollees can be treated successfully without a trip to
the hospital or placement in a nursing home, they remain healthier and
costs to the Medicare Program are reduced.
Currently, these specialized plans are facing regulatory barriers
that prevent them from becoming permanent Medicare+Choice Program
options. The Medicare Improvements for Special Needs Beneficiaries Act
provides improved beneficiary access to Medicare+Choice plans by
removing these barriers and allowing plans to specialize in serving
dual eligible, institutionalized, and other frail beneficiaries.
Specifically, the bill would allow a special Medicare+Choice program
designation so these plans may continue to target enrollment to the
frail elderly and provide appropriate health care to this vulnerable
population.
Both the President and Members of Congress have stated their
commitments to improving services provided to Medicare beneficiaries.
In fact, when President Bush visited Minneapolis last July, he
expressed his strong support for the Evercare program by saying that
``government should act to strengthen these private health insurance
options, not replace them. By relying on competition and patient's
choice and innovative programs like Evercare, we will protect our
seniors now, and offer many new lifesaving services to seniors in the
future and preserve our private health care system.''
These specialized programs are fulfilling the original promise of the
Medicare+Choice Program to not only protect our Medicare beneficiaries
but, in addition, these program improve health care quality and lower
health care costs. This legislation is a no-cost way to continue this
effort. Evercare plans serve a unique and valuable purpose for a
vulnerable segment of our society. I hope my colleagues will join me in
supporting this important bill.
______
By Mr. BINGAMAN (for himself and Mr. Bennett):
S. 528. A bill to reauthorize funding for maintenance of public roads
used by school buses serving certain Indian reservations; to the
Committee on Environment and Public Works.
Mr. BINGAMAN. Mr. President, I rise today to introduce the Indian
School Bus Route Safety Reauthorization Act of 2003. This bill
continues an important Federal program begun in TEA-21 that addresses a
unique problem with the roads in and around the Nation's single largest
Indian reservation and the neighboring counties. Through this program,
Navajo children who had been prevented from getting to school by
frequently impassable roads are now traveling safely to and from their
schools. Because of the unusual nature of this situation, I believe it
must continue to be addressed at the Federal level.
I would like to begin with some statistics on this unique problem and
why I believe a Federal solution continues to be necessary. The Navajo
Nation is by far the Nation's largest Indian reservation, covering
25,000 square miles. Portions of the Navajo Nation are in three States:
Arizona, New Mexico, and Utah. No other reservation comes anywhere
close to the size of Navajo. To give you an idea of its size, the State
of West Virginia is about 24,000 square miles. In fact, 10 States are
smaller in size than the Navajo reservation.
According to the Bureau of Indian Affairs, about 9,800 miles of
public roads serve the Navajo Nation. Only about one-fifth of these
roads are paved. The remaining 7,600 miles, 78 percent, are dirt roads.
Every day schoolbuses use nearly all of these roads to transport Navajo
children to and from school.
About 6,400 miles of the roads on the Navajo reservation are BIA
roads, and about 2,500 miles are State and county roads. All public
roads within, adjacent to, or leading to the reservation, including
BIA, State, and county roads are considered part of the Federal Indian
reservation road system. However, only BIA roads are eligible for
Federal maintenance funding from BIA. Moreover, construction funding
and improvement funding from the Federal Lands Highways Program in TEA-
21 is generally applied only to BIA or tribal roads. Thus, the States
and counties are responsible for maintenance and improvement of their
2,500 miles of roads that serve the reservation.
The counties in the three States that include the Navajo reservation
are simply not in a position to maintain all of the roads on the
reservation that carry children to and from school. Nearly all of the
land area in these counties is under Federal or tribal jurisdiction.
For example, in my State of New Mexico, three-quarters of McKinley
County is either tribal or Federal land, including BLM, Forest Service,
and military land. The Indian land area alone comprises 61 percent of
McKinley County. Consequently, the county can draw upon only a very
limited tax base as a source of revenue for maintenance purposes. Of
the nearly 600 miles of county-maintained roads in McKinley County, 512
miles serve Indian land.
In San Juan County, UT, the Navajo Nation comprises 40 percent of the
land area. The county maintains 611 miles of roads on the Navajo
Nation. Of these, 357 miles are dirt, 164 miles are gravel, and only 90
miles are paved. On the reservation, the county has three high schools,
two elementary schools, two BIA boarding schools and four preschools.
The situation is similar in neighboring San Juan County, NM, as well,
Apache, Navajo, and Coconino Counties, AZ. In light of the counties'
limited resources, I do believe the Federal
[[Page S3182]]
Government is asking the States and counties to bear too large a burden
for road maintenance in this unique situation.
Families living in and around the reservation are no different from
families anywhere else; their children are entitled to the same
opportunity to get to school safely and to get a good education.
However, the many miles of unpaved and deficient roads on the
reservation are frequently impassable, especially when they are wet,
muddy, or snowy. If the schoolbuses don't get through, the kids simply
cannot get to school.
These children are literally being left behind.
Because of the vast size of the Navajo reservation, the cost of
maintaining the county roads used by the school buses is more than the
counties can bear without Federal assistance. I believe it is essential
that the Federal Government help these counties deal with this one-of-
a-kind situation.
In response to this unique situation, in 1998 Congress began
providing direct annual funding to the counties that contain the Navajo
reservation to help ensure that children on the reservation can get to
and from their public schools. The funding was included at my request
in section 1214(d) of TEA-21. Under this provision, $1.5 million is
made available each year to be shared equally among the three States.
The funding is provided directly to the counties in Arizona, New
Mexico, and Utah that contain the Navajo reservation. I want to be very
clear: these Federal funds can be used only on roads that are located
within or that lead to a reservation, that are on the State or county
maintenance system, and that serve as schoolbus routes.
This program has been very successful. For the last 6 years, the
counties have used the annual funding to help maintain the routes used
by school-buses to carry children to school and to Head Start programs.
I had an opportunity in 1998 to see first hand the importance of this
funding when I rode in a schoolbus over some of the roads that are
maintained using funds from this program.
The bill I am introducing today provides a simple 6-year
reauthorization of that program, with a modest increase in the annual
funding to allow for inflation and for additional roads to be
maintained in each of the three States.
I believe that continuing this program for 6 more years is fully
justified because of the vast area of the Navajo reservation--by far
the Nation's largest--and the unique nature of this need that only the
Federal Government can deal with effectively.
I don't believe any child wanting to get to and from school safely
should have to risk or tolerate unsafe roads. Kids today, particularly
in rural and remote areas, face enough barriers to getting a good
education. I ask all Senators to join me in assuring that Navajo
schoolchildren at least have a chance to get to school safely and get
an education.
My bill has the support of the Southeastern Utah Association of Local
Governments and the Tri-State County Association of New Mexico,
Arizona, and Utah. I ask unanimous consent that letters and resolutions
from New Mexico, Arizona, and Utah be printed in the Record at the
conclusion of my remarks.
I am pleased that Congressmen Tom Udall of New Mexcio, Rick Renzi of
Arizona, and James David Matheson of Utah are introducing a companion
bill today in the House. I look forward to working with them this year
and with the chairman of the Environment and Public Works Committee,
Senator Inhofe, and Senator Jeffords, the ranking member, to
incorporate this legislation once again into the comprehensive 6-year
reauthorization of the surface transportation bill.
Mr. President, I ask unanimous consent that text of the bill be
printed in the Record.
There being no objection, the bill and material were ordered to be
printed in the Record, as follows:
S. 528
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 ``Indian School Bus Route
Safety Reauthorization Act of 2003''.
SEC. 2. REAUTHORIZATION OF ADDITIONAL CONTRACT AUTHORITY FOR
STATES WITH INDIAN RESERVATIONS.
(a) Availability to States.--Not later than October 1 of
each fiscal year, funds made available under subsection (e)
for the fiscal year shall be made available by the Secretary
of Transportation, in equal amounts, to each State that has
within the boundaries of the State all or part of an Indian
reservation having a land area of 10,000,000 acres or more.
(b) Availability to Eligible Counties.--
(1) In general.--Each fiscal year, each county that is
located in a State to which funds are made available under
subsection (a), and that has in the county a public road
described in paragraph (2), shall be eligible to apply to the
State for all or a portion of the funds made available to the
State under this section to be used by the county to maintain
such public roads.
(2) Roads.--A public road referred to in paragraph (1) is a
public road that--
(A) is within, is adjacent to, or provides access to an
Indian reservation described in subsection (a);
(B) is used by a school bus to transport children to or
from a school or Headstart program carried out under the Head
Start Act (42 U.S.C. 9831 et seq.); and
(C) is maintained by the county in which the public road is
located.
(3) Allocation among eligible counties.--
(A) In general.--Except as provided in subparagraph (B),
each State that receives funds under subsection (a) shall
provide directly to each county that applies for funds the
amount that the county requests in the application.
(B) Allocation among eligible counties.--If the total
amount of funds applied for under this section by eligible
counties in a State exceeds the amount of funds available to
the State, the State shall equitably allocate the funds among
the eligible counties that apply for funds.
(c) Supplementary Funding.--For each fiscal year, the
Secretary of Transportation shall ensure that funding made
available under this section supplements (and does not
supplant)--
(1) any obligation of funds by the Bureau of Indian Affairs
for road maintenance programs on Indian reservations; and
(2) any funding provided by a State to a county for road
maintenance programs in the county.
(d) Use of Unallocated Funds.--Any portion of the funds
made available to a State under this section that is not made
available to counties within 1 year after the funds are made
available to the State shall be apportioned among the States
in accordance with section 104(b) of title 23, United States
Code.
(e) Funding.--
(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section--
(A) $3,000,000 for each of fiscal years 2004 and 2005;
(B) $4,000,000 for each of fiscal years 2006 and 2007; and
(C) $5,000,000 for each of fiscal years 2008 and 2009.
(2) Contract authority.--Funds made available to carry out
this section shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
____
Gallup McKinley County
Public Schools,
Gallup, NM., December 11, 2002.
Hon. Jeff Bingaman
U.S. Senate,
Washington, DC.
Dear Hon. Jeff Bingaman: The Gallup McKinley County Schools
serve over 15 thousand students, of which over 10 thousand
are bussed daily. Our District's school buses travel 9,250
miles daily, one way. Several miles of these roads are
primitive dirt roads with poor or no drainage. Several do not
have guard rails and some are not maintained by any entity.
The inability to safely negotiate school buses over these
roads during wet, muddy and snowy conditions greatly
restricts our ability to provide adequate services for
families living along these particular roadways. Funding for
school bus route road maintenance is vital to providing safe
and efficient transportation for thousands of students
throughout our County.
The School bus route maintenance programs have helped
tremendously. Our County Roads Division (McKinley County) has
been extremely helpful in maintaining hundreds of miles of
bus route roads. The route improvements completed recently in
the North Coyote Canyon, Mexican Springs, Johnson loop,
Tohlakal, CR-1, Crestview, lyanbito and Bluewell have
provided us with the ability to safely negotiate these areas
and transport hundreds of students to various schools.
The School bus route program is a very important program.
Our County Roads division worked diligently to provide safe
access and passage for our school districts 160 school buses.
Without the school bus route program, it would be impossible
to maintain safe conditions on these roads. To insure the
safety of our school children and families, it is imperative
that the reauthorization of the TEA-21 Bill be realized.
Your help in sponsoring Bills, which address the unique
situations with respect to school bus route roads, have been
greatly appreciated. Your continuing support of the school
bus route program (TEA-21 Bill) will enable us to continue to
safely and efficiently transport our students. It is through
[[Page S3183]]
these cooperative efforts that we are able to serve the
hundreds of families living in our County. Thank you for your
continued efforts.
Sincerely,
Ben Chavez,
Support Services Director.
____
County of McKinley,
Gallup, N.M., December 20, 2002.
Hon. Jeff Bingaman,
U.S. Senate,
Washington, DC.
Re: Indian School Bus Route Safety Reauthorization Act of
2003.
Dear Senator Bingaman: The Board of Commissioners supports
your proposed Bill entitled, Indian School Bus Route Safety
Reauthorization Act of 2003.
Currently, TEA-21 has provided a pilot program for the
Counties in New Mexico, Arizona and Utah with funds to help
maintain school routes accessing the Navajo Nation. This
support has allowed McKinley County to improve an average of
six miles per year.
The Gallup McKinley County Schools operates 143 school
buses on a weekday basis traveling 16,070 miles daily. The
Navajo Nation also operates a bus network for their Headstart
Programs.
Our residents who live in the rural areas of our County
depend on these same roads to shop, access medical services
and jobs. Improved roads are critical to our region.
I appreciate your sponsorship of the Indian School Bus
Route Safety Reauthorization Act of 2003.
Sincerely yours,
Earnest C. Becenti, Sr.,
Chairperson.
____
County of McKinley,
Gallup, N.M., December 20, 2002.
Hon. Jeff Bingaman
U.S. Senate,
Washington, DC. 20510
Dear Senator Bingaman: We want to take this opportunity to
let you know how grateful McKinley County residents are for
your past efforts in obtaining the federal funding received
under the TEA-21 Bill. These funds have improved
approximately 30 miles of school bus routes that could not
have been a reality without them. These roads were improved
to all weather standards at an average cost per mile of
approximately $60,000. We have enclosed a recap identifying
the type of improvements made and expenditures. We have also
enclosed a letter from the Gallup-McKinley County Schools
identifying the enhancement of these improvements that
contribute to the safe transportation of students throughout
the County.
McKinley County has a total of 511.746 miles of maintained
roads that lead to or are within Indian Lands that qualify
under the TEA-21 funding. This total reflects that
approximately 90 percent of McKinley County roads on the
maintenance system serve the vast Indian population in rural
McKinley County. The TEA-21 funding received thus far has
improved approximately 5 percent of these miles; leaving
approximately 95 percent of the remaining miles to be
improved. As you can see, the miles improved thus far are
small in comparison to the vast needs of McKinley County.
The unimproved roads continue to contribute to the number
of school days missed during inclement weather at all grade
levels, which ultimately contribute to the illiteracy of our
young people, and to the high level of unemployment in this
area. It is difficult to change these statistics with the
insurmountable miles of unimproved roads and the lack of
sufficient funding sources. It is also very difficult to
attract economic growth to McKinley County and improve the
job market and quality of life for families throughout rural
McKinley County.
We strongly solicit support for the continuation of the
TEA-21 allocation for the improvement of school bus routes in
our area. Thank you once again for your past and continued
support in meeting the needs of McKinley County.
Sincerely,
David J. Acosta,
Road Superintendent.
____
Gallup-McKinley County
Public Schools,
December 19, 2002.
Hon. Senator Jeff Bingaman,
U.S. Senate,
Washington, DC.
Dear Senator Bingaman: Regarding the reauthorization of
TEA-21 legislation, I would like to be up front in support of
this bill. Our Gallup-McKinley County School District cannot
function without a decent roads maintenance program. Our
school district has established a good partnership with the
McKinley County Commissioners Office. Mr. Irvin Harrison,
McKinley County Manager, is very instrumental in addressing
the many roads maintenance issues. Of course, the money to do
the actual maintenance work comes from the Indian School Bus
Route Safety Reauthorization Act.
Let me explain why the Gallup-McKinley County Schools
consider TEA-21 is practically indispensable. Our district
daily transports 9,089 students and covers 16,070 miles. The
9,089 students are almost all Native Americans residing on
Indian Reservation land or Checker Board Areas. The majority
of the roads are dirt or unimproved. Our bus fleet totals 146
and 27 buses are equipped with lifts. Senator, you can
imagine how delicate it is to make sure the roads are safe
and all-weather condition. On an annual basis, our miles
driven exceed 3,047,269. Without the county's roads
maintenance program, our buses would deteriorate as quickly
as we buy them and absenteeism would climb astronomically.
What is so unique about our district is, it's 5000 square
miles size and reported unpaved road transportation nears
400,000 miles. What the McKinley County Roads Department
maintains include grading, placing gravel with some degree of
compaction, repair work on drainage appurtenances and
providing drainage solutions to rain damaged areas. Gallup-
McKinley County School District is still expanding. A new
high school is under design in Pueblo Pintado. A safe bridge
is absolutely essential right next to the new school site.
Senator, I recall 3 years ago that you took a ride in one
of our buses west of Gallup. I understand you enjoyed the
rough ride. I thank you for taking the time from your busy
schedule to visit our school district.
I am confident that the reauthorization of TEA-21 will be
an historic event because this piece of legislation indeed
relates to the No Child Left Behind initiative. All weather
and safe roads provide the means to get the children to
school on time. Absentees and tardiness are discouraged with
a reliable transportation to school. I urge your colleagues
to jump on the bandwagon and support the Indian School Bus
Route Safety Reauthorization Act of 2003. Please call me if
you have any questions.
Sincerely,
Karen S. White,
Acting Superintendent.
____
The Navajo Nation,
Rock Springs Chapter,
Yah-Ta-Hey, NM.
Resolution of Rock Springs Chapter Eastern Navajo Agency--District 16
Requesting and Recommending to the United States Senators,
Honorable Jeff Bingaman and Honorable Pete Dominci to
Reauthorize the TEA-21 Bill for Continued Funding to the
County of McKinley, State of New Mexico for Improvement of
School Bus Routes Leading to and within the Navajo Indian
Reservation which is Supported by Rock Springs Chapter
Community.
Whereas:
1. The Rock Springs Chapter is a certified chapter and
recognized by the Navajo Nation Council, pursuant to CAP-34-
98, the Navajo Nation Council adopted the Navajo Nation Local
governance act (LGA) which directs local chapters to promote
all matters that affect the local community members and to
make appropriate decisions, recommendation and advocate on
their behalf, and;
2. The Rock Springs Chapter is requesting and recommending
to the United States Senators, Honorable Jeff Bingaman and
Honorable Pete Dominci to Re-authorize the TEA-21 bill for
Continued funding to the County of McKinley, State of New
Mexico for improvement of school bus routes leading to and
within the Navajo Indian Reservation which is supported by
Rock Springs Chapter Community, and;
3. The Rock Springs Chapter is established to plan,
promote, and coordinate the community, economic, and social
development for the community, including an oversight of
coordinator and support for federal, state, tribal, and other
programs and entities; and
4. The Rock Springs Chapter Community are highly concerned
of their students attendance due to poor road conditions,
lack of improving and maintaining bus routes and how it
effects the daily transports of students as well as daily
travel for community members, and:
5. There are vest miles of (dirt roads) school bus routes
that still require improvement. Poor roads contribute to poor
education, health issues, economic growth, unemployment, and
fatalities in our rural (community) county.
Now, therefore be it
Resolved:
1. The Rock Springs Chapter strongly supports the foregoing
resolution to the United States Senators, Honorable Jeff
Bingaman and Honorable Pete Dominici to Re-authorize the TEA-
21 Bill for Continued funding to the County of McKinley,
State of New Mexico for improvement of school bus routes
leading to and within the Navajo Indian Reservation.
2. The Rock springs Chapter Community hereby supports the
continuation of improving and upgrading the vast miles of
dirt roads school bus routes.
certification
We, hereby certify that the foregoing resolution was duly
presented and considered by the Rock Springs Chapter at duly
called chapter meeting at Rock Springs Chapter, New Mexico
(Navajo Nation) at which a quorum was present and the same
was passed with a vote of 33 in favor, 00 opposed and 00
abstained on this 18th of February, 2003.
Raymond Emerson,
Chapter President.
Harriett K. Becenti,
Council Delegate.
Lucinda Roanhorse,
Acting Community Services Coordinator.
[[Page S3184]]
____
San Juan County Commission,
Monticello, UT, January 6, 2003.
Hon. Jeff Bingaman
U.S. Senator, Washington, DC.
Re: Indian School Bus Route Safety Reauthorization Act of
2003.
Dear Senator Bingaman: San Juan County, Utah wants to
express our appreciation to you for your efforts to secure
funding to improve the Indian School Bus Routes. San Juan
County has approximately 25% of the total land area on the
Utah portion of the Navajo Nation.
The County is currently maintaining 611 miles of roads on
the Navajo Nation. 357 miles are natural surface, 164 miles
are of a gravel surface and 90 miles are paved. Most of these
roads are used by school bus in the transportation of
students to and from the different schools.
The County has three high schools that are operated by the
San Juan School District on the Utah portion of the Navajo
Nation (Whitehorse High School in Montezuma Creek, Monument
Valley High School in Monument Valley and Navajo Mountain
High School in Navajo Mountain). In addition, the school
district has two elementary schools located in Halchita, near
Mexican Hat and in Montezuma Creek. The Bureau of Indian
Affairs has two boarding schools that also operate within the
County boundaries at Aneth and Navajo Mountain. In addition
there are pre-schools that are located in Monument Valley,
Halchita, Toda, and montezuma Creek.
One major example of these funds that have been previously
used was to pave the nearly six mile section of road in the
Navajo Mountain area. Navajo Mountain is an isolated
community located in the southwestern corner of San Juan
County. There is a single highway in and out of the
community, with the nearest community located over seventeen
miles to the south in Arizona. The road still is dirt for ten
miles south of the Utah boundary, but the County was able to
pave the road on the Utah side this past year making the road
passable year round and greatly improving the safety for the
students and residents.
We would strongly encourage the
re-authorization of these funds for this important need.
Very truly,
Ty Lewis,
Commissioner.
Manuel Morgan,
Commissioner.
Lynn H. Stevens,
Commissioner.
____
San Juan County,
Aztec, NM, January 9, 2003.
Senator Jeff Bingaman,
U.S. Senate,
Washington, DC.
Hon. Senator Bingaman:
We are aware that Congress will be considering bills to
reauthorize the TEA-21 funding for local roads that provide
access to the Navajo Reservation. These funds are of special
significance to San Juan County.
The Public Works Department of San Juan County regularly
maintains over 400 miles of roads that are adjacent to or
provide access to the Navajo Reservation. These roads are
critical to the population in the service areas. School buses
depend on our County workers to keep the roads maintained and
to provide other essential services.
Over the past five years, we have received $953,688 from
the TEA-21 program for the maintenance of roads and bridges
in these areas. The assistance received under this program
will be crucial if we wish to continue to provide these much
needed services to the residents on the Navajo Reservation
and their visitors.
I would like to thank you for your hard work on behalf of
the citizens on San Juan County and urge you to support
legislation that would extend the TEA-21 Program.
Sincerely,
Tony Atkinson,
County Manager.
____
Navajo County Board of Supervisors,
Holbrook, AZ, December 18, 2002.
Senator Jeff Bingaman,
U.S. Senate,
Washington, DC.
Re: TEA-21 Funding for Maintenance of School Bus Routes.
Dear Senator Bingaman: Navajo County has used the TEA-21
funding since its inception to maintain school bus routes
located on reservation lands within the county. In order to
best use these funds, we have entered into agreements with
the Bureau of Indian Affairs and various established school
districts. These agreements allow us to expand the budgets
for roads in the school districts and receive maximum benefit
for funds spent.
The funding to date has been spent as follows: Funding of
road worker salaries--$63,226; Purchase of road working
equipment--$215,651; Purchase of road building materials--
$173,313.
The material, labor and equipment helps to maintain over
1,300 miles of school bus routes. Even though these funds are
extremely helpful, the current amount of funding is
inadequate to meet the needs that are encountered in these
remote lands.
Navajo County fully supports your efforts to not only
continue the present funding, but also the efforts to
increase the annual amount. If this funding was not
available, the school children on the reservation would be
the ones who suffer.
Please continue your efforts to enhance the TEA-21 funds.
If you need further information, please call me at (928) 524-
4053.
Sincerely,
Jesse Thompson,
Supervisor.
____
Resolution of the Tri-State County Association (New Mexico, Arizona and
Utah)
Whereas, the Tri-State County Association met on September
20, 2002, in St. Michael's Arizona, to discuss the proposed
Bill by Senator Jeff Bingaman cited as the ``Tribal
Transportation Program Improvement Act of 2002''; and,
Whereas, Counties in New Mexico, Arizona and Utah, are
faced with maintaining miles of unpaved roads serving
Federally owned land or Indian Reservations; and
Whereas, Section 1214 of Transportation Equity Act for the
21st Century priovided $1.5 Million per year beginning
October 1, 1998, for six years; to eligible Counties to
maintain public raods which provide access to an Indian
Reservation or is used by school buses to transport children
to Headstart Programs; and,
Whereas, Congress has designated the Secretary of
Transportation to divide each fiscal year the $1.5 Million
equally between the States of New Mexico, Arizona and Utah,
through the State Highway Department of State Department of
Transportation to eligible Counties (San Juan and McKinley,
NM; Navajo, Apache, Coconino, AZ; and San Juan, UT.); and,
Whereas, Each County receiving the special appropriation
were able to complete additional schools bus route
improvements on roads that would not have been improved
otherwise; and
Whereas, the need for school bus route improvements greatly
exceed the annual allocation provided for each County and the
allocation should be increased under the reauthorization of
the Transportation Bill.
Now, therefore be it
Resolved, by the Tri-State County Association, to support
the ``Tribal Transportation Program Improvement Act of
2002,'' as proposed by Senator Jeff Bingaman, which includes
additional funding for maintenance of school bus routes on
Indian Reservations.
____
State of New Mexico County of McKinley
Whereas, the Board of Commissioners did meet in regular
session on February 27, 2001; and
Whereas, Section 1214(d) of the Transportation Equity Act
for the 21st Century (TEA-21) provides additional funding for
States that have within their boundaries all or part of an
Indian Reservation having a land area of 10,000,000 acres or
more; and,
Whereas, the only Indian Reservation meeting this criteria
is the Navajo Indian Reservation in Arizona, New Mexico and
Utah; and ,
Whereas, the three States equally divide the $1,500,000
among the various Counties to maintain public roads which are
within, adjacent to, or accessing the Navajo Indian
Reservation which are used to transport children to or from a
school or Headstart Program and are maintained by the County;
and
Whereas, McKinley County has demonstrated the fiscal
capacity to implement and administer funds allocated through
the New Mexico State Highway and Transportation Department to
complete 19.3 miles through FY-00.
Now therefore be it
Resolved, by the Board of Commissioners or McKinley County,
to request Congressional support to increase the allocation
under Section 1214(d) of the Transportation Equity Act for
the 21st Century (TEA-210 to improve school bus routes
within, adjacent to, or accessing, the Navajo Reservation
after FY-03.
______
By Ms. CANTWELL (for herself, Mr. Thomas, Mr. Leahy, Mr. Smith,
Mr. Wyden, Ms. Snowe, Mr. Durbin, Mr. Hagel, Mr. Roberts, and
Mr. Chambliss):
S. 529. A bill to amend the Internal Revenue Code of 1986 to exclude
from gross income loan payments received under the National Health
Service Corps Loan Repayment Program established in the Public Health
Service Act; to the Committee on Finance.
Ms. CANTWELL. Mr. President, I rise today with Senator Craig Thomas
to introduce legislation that would exclude loan repayments made
through the National Health Service Corps from taxable income. I am
pleased that Senators Leahy, Smith, Wyden, Snowe, Durbin, Hagel,
Roberts, and Chambliss are also cosponsoring this important
legislation.
There have been many developments in the area of health care in the
last few years from managed care reform, to increases in biomedical
research, the mapping of the human genome, and the use of exciting new
technologies in both rural and urban areas such as telemedicine. In
fact, it seems that almost every day we hear of astounding new
scientific breakthroughs. But unfortunately, while we are making great
[[Page S3185]]
strides in the quality of health care, we are losing ground on the
access to health care for so many.
The sad truth is that there are currently 38.7 million Americans
without health insurance coverage--9.2 million of whom are children. In
Washington, before the recession, 13.3 percent of the population, and
155,000 children, lacked health insurance. That is undoubtedly higher
today.
Access to health insurance for the uninsured is of the utmost
importance--we know that at the very least, health insurance means the
difference between timely and delayed treatment and at worst between
life and death. In fact, the uninsured are four times as likely as the
insured to delay or forego needed care--and uninsured children are six
times as likely as insured children to go without needed medical care.
But even insurance isn't enough if there are no available providers.
Hospitals and other health care providers across the country are facing
an increasingly uncertain future. The sad truth is that it is
increasingly more difficult to recruit health care providers to work
with underserved communities--especially in rural areas. In addition to
economic pressures, rural areas must overcome the environmental issues
involved with recruiting a doctor who may have been raised, educated,
and trained in an urban setting.
The National Health Service Corps was created in 1970 by Senator
Warren Magnuson, one of the most distinguished Senators to come from
Washington State. He saw the need to put primary care clinicians in
rural communities and inner-city neighborhoods, and developed this
program to fill that need.
Since then, the Corps has placed over 22,000 health professionals in
rural or urban health professions shortage areas. There is no doubt
that National Health Service Corps has been extremely successful. In
fact, the most recent available data show that more than 70 percent of
providers continued to provide services to underserved communities
after their Corps obligation was fulfilled--80 percent of these health
care providers stayed in the community in which they had originally
been placed.
During the last August recess, I had the opportunity to travel
throughout Washington State and held 15 community discussions on health
care. I met patients who would not have access to health services but
for the providers there through the Corps and I met many doctors who
have been living in our rural communities for years because of their
Corps' placements. And because it has been so successful--right now in
Washington State there are 75 physicians or other health professionals
working in underserved areas that would not otherwise be here--we must
do everything possible to support this program.
Under current law, the National Health Service Corps provides
scholarships, loan repayments, and stipends for clinicians who agree to
serve in urban and rural communities with severe shortages of health
care providers. In 1986 the IRS ruled that all payments made under the
program are considered taxable income. Understanding the immediate
detriment to scholarship recipients, who were forced to pay the tax out
of their own pockets, Congress eliminated the scholarship tax in 2001.
And while the scholarship program is now not considered taxable income
to the IRS, the loan repayments and stipends are.
By statute, the current loan program awards also include a tax
assistance payment equal to 39 percent of the loan repayment amount,
which is to be used by the recipient offset his or tax liability
resulting from the loan repayment ``income.'' This means that nearly 40
percent of the Federal loan repayment budget goes to pay taxes on the
loan repayment ``income'' alone. If these Federal payments were not
taxed, and the funding was freed up, more health professions students
could take advantage of the loan repayment program, and could be placed
in shortage areas, thereby increasing access to health care in both
urban and rural areas.
This is not a new problem. The tax burden that accompanies the
National Health Service Corps loan payments is a significant deterrent
to increasing the number of clinicians enrolling in the Corps. I do not
want to see a situation where, as happened several years ago, over 300
applicants actually left underserved areas because the Corps could not
fully fund the loan repayment program.
The legislation we are introducing today, the National Health Service
Corps Loan Repayment Act, would address this disincentive, making the
Corps available to more medical and health professionals, and thereby
bringing more providers into underserved areas. If loan repayments are
excluded from taxation, the National Health Service Corps will have
greater resources to provide aid to health professionals seeking loan
repayment, and will be able to increase the number of providers in
underserved areas.
There is no doubt that strengthening the National Health Service
Corps is a win-win situation. Corps scholarships help finance education
for future primary care providers interested in serving the
underserved. In return, graduates serve those communities where the
need for primary health care is greatest.
The bill is supported by over 20 national organizations including the
National Rural Health Association, the National Association of
Community Health Centers, the Association of American Medical Colleges,
and the American Medical Student Association. I am especially pleased
that the Washington State Medical Association is supporting this bill.
I ask unanimous consent that the complete list be included in the
Record after my statement.
I understand that there are no easy solutions to the health care
problems we are facing right now. But we need to do something--even if
it is taking small steps forward, and come in at this problem from many
different angles.
I urge my colleagues to look at this bill and to join us in expanding
this vitally important and immediately successful program.
Mr. THOMAS. I am pleased to rise today to introduce the National
Health Service Corps Loan Repayment Act with my colleague from
Washington, Ms. Cantwell. Specifically, this legislation will exclude
loan repayments made through National Health Service Corps, NHSC,
program from taxable income. Enactment of the National Health Service
Corps Loan Repayment Act would increase the amount of Federal dollars
available so more students could participate in the NHSC program.
Under current law, the NHSC provides scholarships, loan repayments,
and stipends for clinicians who agree to serve in national designated
underserved urban and rural communities. The tax law changes in 1986
resulted in the IRS ruling that all NHSC payments were taxable.
Congress eliminated the tax on the scholarship in 2001, but the loan
repayments and stipends continue to be taxed.
To assist loan repayment recipients with their tax burden, the NHSC
loan program includes an additional payment equal to 39 percent of the
loan repayment amount so the loan repayment recipient can pay his or
her taxes. Close to 40 percent of the NHSC Federal loan repayment
budget goes to pay taxes on the loan repayment ``income.'' The current
situation should not be allowed to continue. Given the fiscal
restraints we are facing, we must ensure that Federal dollars are spent
efficiently and effectively. It is obvious that today's NHSC loan
repayment structure does not meet that goal. Our legislation resolves
this issue.
For over 30 years, the National Health Service Corps, NHSC, program
has literally been a lifeline for many underserved communities across
the country that otherwise would not have a heath care provider. I know
this program is critically important to my State of Wyoming and to many
other rural States that have difficulties recruiting and retaining
primary health care clinicians.
There are 2,800 health professional shortage areas, 740 mental health
shortage areas and 1,200 dental health shortage areas now designated
across the country. However, the NHSC program is meeting less than 13
percent of the current need for primary care providers and less than 6
percent of need for mental health and dental services. The National
Health Service Corps Loan Repayment Act would increase
[[Page S3186]]
the number of students in the program and allow more providers to be
placed in these shortage areas.
The National Health Service Corps Loan Repayment Act is crucial to
the future well-being of many of our rural communities. I strongly urge
all my colleagues to support this important legislation.
______
By Mr. KERRY:
S. 530. A bill to amend title 5, United States Code, to create a
presumption that a disability or death of a Federal employee in fire
protection activities caused by any of certain diseases is the result
of the performance of such employee's duty; to the Committee on
Governmental Affairs.
Mr. KERRY. Mr. President, today I am introducing legislation on
behalf of thousands of Federal firefighters and emergency response
personnel worldwide who, at great risk to their own personal health and
safety, protect America's defense, our veterans, Federal wildlands, and
national treasures. Although the majority of these important Federal
employees work for the Department of Defense, Federal firefighters are
also employed by the Department of Veterans Affairs, and the U.S. Park
Service. From first response emergency care services on military
installations around the world to front-line defense against raging
forest fires here at home, we call on these brave men and women to
protect our national interests.
Yet under Federal law, compensation and retirement benefits are not
provided to Federal employees who suffer from occupational illnesses
unless they can specify the conditions of employment which caused their
disease. This onerous requirement makes it nearly impossible for
Federal firefighters, who suffer from occupational diseases, to receive
fair and just compensation or retirement benefits. The bureaucratic
nightmare they must endure is burdensome, unnecessary, and in many
cases, overwhelming. It is ironic and unjust that the very people we
call on to protect our Federal interests are not afforded the very best
health care and retirement benefits our Federal Government has to
offer.
Today, I introduced legislation, the Federal Fire Fighters Fairness
Act of 2003, which amends the Federal Employees Compensation Act to
create a presumptive disability for firefighters who become disabled by
heart and lung disease, cancers such as leukemia and lymphoma, and
infectious diseases like tuberculosis and hepatitis. Disabilities
related to the cancers, heart, lung, and infectious diseases enumerated
in this important legislation would be considered job related for
purposes of workers compensation and disability retirement--entitling
those affected to the health care coverage and retirement benefits that
they deserve.
Too frequently, the poisonous gases, toxic byproducts, asbestos, and
other hazardous substances with which Federal firefighters and
emergency response personnel come in contact, rob them of their health
livelihood, and professional careers. The Federal Government should not
rob them of necessary benefits. Thirty-eight States have already
enacted a similar disability presumption law for Federal firefighters'
counterparts working in similar capacities on the State and local
levels.
The effort behind the Federal Firefighters Fairness Act of 2003 marks
a significant advancement for firefighter health and safety. Since
September 11, there has been an enhanced appreciation for the risks
that firefighters and emergency response personnel face every day.
Federal firefighters deserve our highest commendation and it is time to
do the right thing for these important Federal employees.
The job of firefighting continues to be complex and dangerous. The
nationwide increase in the use of hazardous materials, the recent rise
in both natural and manmade disasters, and the threat of terrorism pose
new threats to firefighter health and safety. The Federal Fire Fighters
Fairness Act of 2003 will help protect the lives of our firefighters
and it will provide them with a vehicle to secure their health and
safety.
I urge my colleagues to embrace this bipartisan effort and support
the Federal Fire Fighters Fairness Act of 2003 on behalf of our
Nation's Federal firefighters and emergency response personnel.
______
By Mr. DORGAN (for himself and Mr. Johnson):
S. 531. A bill to direct the Secretary of the Interior to establish
the Missouri River Monitoring and Research Program, to authorize the
establishment of the Missouri River Basin Stakeholder Committee, and
for other purposes; to the Committee on Environment and Public Works.
Mr. DORGAN. Mr. President, I am pleased my colleague from South
Dakota, Senator Tim Johnson, is joining me today in introducing this
Missouri River Enhancement and Monitoring Act of 2003, and I thank him
for his efforts in working with me on this legislation. This bill will
establish a program to conduct research on, and monitor the health of,
the Missouri River to help recover threatened and endangered species,
such as the pallid sturgeon and piping plover.
This bill will enable those who are active in the Missouri River
Basin to collect and analyze baseline data, so that we can monitor
changes in the health of the river and in species recovery in future
years, as river operations change.
The program would also provide an analysis of the social and economic
impacts along the river. And it would establish a stakeholder group to
make recommendations on the recovery of the Missouri River ecosystem.
The bill establishes a cooperative working arrangement between State,
regional, Federal, tribal entities that are active in the Missouri
River Basin. I look forward to working with all of the stakeholders in
the basin to implement this important legislation.
I am especially pleased that this legislation is supported by a broad
range of stakeholders, including the North Dakota State Water
Commission; the North Dakota Game and Fish Department; the Missouri
River Natural Resources Committee; the Missouri River Basin
Association; the South Dakota Department of Game, Fish and Parks;
American Rivers; and Environmental Defense.
I am confident this legislation will enjoy bipartisan support because
of its significance in helping to monitor and restore the health of
this historic river. Lewis and Clark traveled on this river. This river
also contributes to $80 million in recreation, fishing, and tourism
benefits in the basin. I look forward to participating in hearings on
this bill and hope we will be able to pass it into law in the near
future.
I ask unanimous consent that this bill be inserted in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 531
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 ``Missouri River Enhancement
and Monitoring Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Center.--The term ``Center'' means the River Studies
Center of the Biological Resources Division of the United
States Geological Survey, located in Columbia, Missouri.
(2) Committee.--The term ``Committee'' means the Missouri
River Basin Stakeholder Committee established under section
4(a).
(3) 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).
(4) Program.--The term ``program'' means the Missouri River
monitoring and research program established under section
3(a).
(5) River.--The term ``River'' means the Missouri River.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Biological Resources
Division of the United States Geological Survey.
(7) State.--The term ``State'' means--
(A) the State of Iowa;
(B) the State of Kansas;
(C) the State of Missouri;
(D) the State of Montana;
(E) the State of Nebraska;
(F) the State of North Dakota;
(G) the State of South Dakota; and
(H) the State of Wyoming.
(8) State agency.--The term ``State agency'' means an
agency of a State that has jurisdiction over fish and
wildlife of the River.
SEC. 3. MISSOURI RIVER MONITORING AND RESEARCH PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish the
Missouri River monitoring and research Program--
(1)(A) to coordinate the collection of information on the
biological and water quality characteristics of the River;
and
[[Page S3187]]
(B) to evaluate how those characteristics are affected by
hydrology;
(2) to coordinate the monitoring and assessment of biota
(including threatened or endangered species) and habitat of
the River; and
(3) to make recommendations on means to assist in restoring
the ecosystem of the River.
(b) Consultation.--In establishing the program under
subsection (a), the Secretary shall consult with--
(1) the Biological Resources Division of the United States
Geological Survey;
(2) the Director of the United States Fish and Wildlife
Service;
(3) the Chief of Engineers;
(4) the Western Area Power Administration;
(5) the Administrator of the Environmental Protection
Agency;
(6) the Governors of the States, acting through--
(A) the Missouri River Natural Resources Committee; and
(B) the Missouri River Basin Association; and
(7) the Indian tribes of the Missouri River Basin.
(c) Administration.--The Center shall administer the
program.
(d) Activities.--In administering the program, the Center
shall--
(1) establish a baseline of conditions for the River
against which future activities may be measured;
(2) monitor biota (including threatened or endangered
species), habitats, and the water quality of the River;
(3) if initial monitoring carried out under paragraph (2)
indicates that there is a need for additional research, carry
out any additional research appropriate to--
(A) advance the understanding of the ecosystem of the
River; and
(B) assist in guiding the operation and management of the
River;
(4) use any scientific information obtained from the
monitoring and research to assist in the recovery of the
threatened species and endangered species of the River; and
(5) establish a scientific database that shall be--
(A) coordinated among the States and Indian tribes of the
Missouri River Basin; and
(B) readily available to members of the public.
(e) Contracts With Indian Tribes.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall enter into contracts in accordance
with section 102 of the Indian Self-Determination Act (25
U.S.C. 450f) with Indian tribes that have--
(A) reservations located along the River; and
(B) an interest in monitoring and assessing the condition
of the River.
(2) Requirements.--A contract entered into under paragraph
(1) shall be for activities that--
(A) carry out the purposes of this Act; and
(B) complement any activities relating to the River that
are carried out by--
(i) the Center; or
(ii) the States.
(f) Monitoring and Recovery of Threatened Species and
Endangered Species.--The Center shall provide financial
assistance to the United States Fish and Wildlife Service and
State agencies to monitor and recover threatened species and
endangered species, including monitoring the response of
pallid sturgeon to reservoir operations on the mainstem of
the River.
(g) Grant Program.--
(1) In general.--The Center shall carry out a competitive
grant program under which the Center shall provide grants to
States, Indian tribes, research institutions, and other
eligible entities and individuals to conduct research on the
impacts of the operation and maintenance of the mainstem
reservoirs on the River on the health of fish and wildlife of
the River, including an analysis of any adverse social and
economic impacts that result from reoperation measures on the
River.
(2) Requirements.--On an annual basis, the Center, the
Director of the United States Fish and Wildlife Service, the
Director of the United States Geological Survey, and the
Missouri River Natural Resources Committee, shall--
(A) prioritize research needs for the River;
(B) issue a request for grant proposals; and
(C) award grants to the entities and individuals eligible
for assistance under paragraph (1).
(h) Allocation of Funds.--
(1) Center.--Of amounts made available to carry out this
section, the Secretary shall make the following percentages
of funds available to the Center:
(A) 35 percent for fiscal year 2004.
(B) 40 percent for fiscal year 2005.
(C) 50 percent for each of fiscal years 2006 through 2018.
(2) States and indian tribes.--Of amounts made available to
carry out this section, the Secretary shall use the following
percentages of funds to provide assistance to States or
Indian tribes of the Missouri River Basin to carry out
activities under subsection (d):
(A) 65 percent for fiscal year 2004.
(B) 60 percent for fiscal year 2005.
(C) 50 percent for each of fiscal years 2006 through 2018.
(3) Use of allocations.--
(A) In general.--Of the amount made available to the Center
for a fiscal year under paragraph (1)(C), not less than--
(i) 20 percent of the amount shall be made available to
provide financial assistance under subsection (f); and
(ii) 33 percent of the amount shall be made available to
provide grants under subsection (g).
(B) Administrative and other expenses.--Any amount
remaining after application of subparagraph (A) shall be used
to pay the costs of--
(i) administering the program;
(ii) collecting additional information relating to the
River, as appropriate;
(iii) analyzing and presenting the information collected
under clause (ii); and
(iv) preparing any appropriate reports, including the
report required by subsection (i).
(i) Report.--Not later than 3 years after the date on which
the program is established under subsection (a), and not less
often than every 3 years thereafter, the Secretary, in
cooperation with the individuals and agencies referred to in
subsection (b), shall--
(1) review the program;
(2) establish and revise the purposes of the program, as
the Secretary determines to be appropriate; and
(3) submit to the appropriate committees of Congress a
report on the environmental health of the River, including--
(A) recommendations on means to assist in the comprehensive
restoration of the River; and
(B) an analysis of any adverse social and economic impacts
on the River, in accordance with subsection (g)(1).
SEC. 4. MISSOURI RIVER BASIN STAKEHOLDER COMMITTEE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Governors of the States and the
governing bodies of the Indian tribes of the Missouri River
Basin shall establish a committee to be known as the
``Missouri River Basin Stakeholder Committee'' to make
recommendations to the Federal agencies with jurisdiction
over the River on means of restoring the ecosystem of the
River.
(b) Membership.--The Governors of the States and governing
bodies of the Indian tribes of the Missouri River Basin shall
appoint to the Committee--
(1) representatives of--
(A) the States; and
(B) Indian tribes of the Missouri River Basin;
(2) individuals in the States with an interest in or
expertise relating to the River; and
(3) such other individuals as the Governors of the States
and governing bodies of the Indian tribes of the Missouri
River Basin determine to be appropriate.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary--
(1) to carry out section 3--
(A) $6,500,000 for fiscal year 2004;
(B) $8,500,000 for fiscal year 2005; and
(C) $15,100,000 for each of fiscal years 2006 through 2018;
and
(2) to carry out section 4, $150,000 for fiscal year 2004.
______
By Mrs. HUTCHISON (for herself, Mr. Domenici, Mr. Bingaman, and
Mr. McCain):
S. 532. A bill to enhance the capacity of organizations working in
the United States-Mexico border region to develop affordable housing
and infrastructure and to foster economic opportunity in the colonias;
to the Committee on Banking, Housing, and Urban Affairs.
Mrs. HUTCHISON. Mr. President, today I rise to introduce legislation
to improve the deplorable housing situation in the valley region of the
Texas border with Mexico. Our colonias are among the most distressed
areas of the country.
In 1993 when I ran for the Senate, I visited with a woman named Elida
Bocanegra who led me through the streets of the colonia where she
lived. Elida showed me her community and, quite frankly, I couldn't
believe I was in America. Since my election to the Senate, I have
worked to improve living conditions and the quality of life for people
such as Elida, helping to secure more than $615 million for the
colonias of my State. In fact, my first amendment as a Senator
authorized $50 million for a colonias clean-up project.
Despite third world living conditions, colonias, or underdeveloped
subdivisions, have grown in population. Along the 1,248 mile stretch
from Cameron County to El Paso County in Texas, there are more than
1,400 colonias that suffer from such conditions as open sewage, a lack
of indoor plumbing, and poor housing construction.
The Colonias Gateway Initiative Act establishes annual competitive
grants for nonprofit organizations which work to develop affordable
housing, improve infrastructure, and foster economic opportunities. My
bill would authorize the Secretary of Housing and Urban Development to
award $16 million in the fiscal year 2004 and appoint a nine-member
advisory board consisting of colonias residents and service providers
to facilitate communication. This bill will bring quality-of-life
improvements to those who need it most, providing
[[Page S3188]]
the most basic services like indoor plumbing. It will also provide
funds to build affordable housing. This piece of legislation I
introduce today will fulfill the most basic needs of these communities.
As you can see, the Colonias Gateway Initiative Act will assist our
neediest people, foster economic opportunity, and vastly improve the
quality of life. Mr. President, I ask unanimous consent that a copy of
the bill be placed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 532
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 ``Colonias Gateway Initiative
Act''.
SEC. 2. COLONIAS GATEWAY INITIATIVE.
(a) Definitions.--In this section:
(1) Colonia.--The term ``colonia'' means any identifiable
community that--
(A) is located in the State of Arizona, California, New
Mexico, or Texas;
(B) is located in the United States-Mexico border region;
(C) is determined to be a colonia on the basis of objective
criteria, including lack of potable water supply, lack of
adequate sewage systems, and lack of decent, safe, and
sanitary housing; and
(D) was in existence and generally recognized as a colonia
before the date of enactment of this Act.
(2) Regional organization.--The term ``regional
organization'' means a nonprofit organization or a consortium
of nonprofit organizations with the capacity to serve
colonias.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(4) United states-mexico border region.--The term ``United
States-Mexico border region'' means the area of the United
States within 150 miles of the border between the United
States and Mexico, except that such term does not include any
standard metropolitan statistical area that has a population
exceeding 1,000,000.
(b) Grant Program.--To the extent amounts are made
available to carry out this section, the Secretary may make
grants under this section to 1 or more regional organizations
to enhance the availability of affordable housing, economic
opportunity, and infrastructure in the colonias.
(c) Grants.--
(1) In general.--Grants under this section may be made only
to regional organizations selected pursuant to subsection
(d).
(2) Selection.--After a regional organization has been
selected pursuant to subsection (d) to receive a grant under
this section, the Secretary may provide a grant to such
organization in subsequent fiscal years, subject to
subsection (f)(2).
(d) Selection of Regional Organizations.--
(1) In general.--The Secretary shall select 1 or more
regional organizations that submit applications for grants
under this section to receive such grants.
(2) Competition.--The selection under paragraph (1) shall
be made pursuant to a competition, which shall--
(A) consider the proposed work plan of the applicant under
subsection (f); and
(B) be based upon the criteria described in paragraph (3).
(3) Criteria.--Criteria for the selection of a grant
recipient shall include a demonstration of the extent to
which the applicant organization has the capacity to--
(A) enhance the availability of affordable housing,
economic opportunity, and infrastructure in the colonias by
carrying out the eligible activities set forth in subsection
(g);
(B) provide assistance in each State in which colonias are
located;
(C) form partnerships with the public and private sectors
and local and regional housing and economic development
intermediaries to leverage and coordinate additional
resources to achieve the purposes of this section;
(D) ensure accountability to the residents of the colonias
through active and ongoing outreach to, and consultation
with, residents and local governments; and
(E) meet such other criteria as the Secretary may specify.
(4) Distribution of funding.--In making the selection under
paragraph (1), the Secretary shall ensure that--
(A) each State in the United States-Mexico border region
receives a grant under this Act; and
(B) each State receives not less than 15 percent of the
amounts appropriated to carry out this Act.
(e) Advisory Board.--
(1) Membership.--The Secretary shall appoint an Advisory
Board that shall consist of 9 members, who shall include--
(A) 1 individual from each State in which colonias are
located;
(B) 3 individuals who are members of non-profit or private
sector organizations having substantial investments in the
colonias, at least 1 of whom is a member of such a private
sector organization; and
(C) 2 individuals who are residents of a colonia.
(2) Chairperson.--
(A) In general.--The Secretary shall designate a member of
the Advisory Board to serve as Chairperson for a 1-year term.
(B) Alternating chairperson.--At the end of the 1-year term
referred to in subparagraph (A), the Secretary shall
designate a different member to serve as Chairperson,
ensuring that the Chairperson position rotates to a member
from every State in which colonias are located.
(3) Term.--Advisory Board members shall be appointed for 2-
year terms that shall be renewable at the discretion of the
Secretary.
(4) Compensation.--Advisory Board members shall serve
without compensation, but the Secretary may provide members
with travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
(5) Functions.--The Advisory Board shall--
(A) assist any regional organization that receives a grant
under this section in the development and implementation of
its final work plan under subsection (f);
(B) review and approve all final work plans;
(C) assist the Secretary in monitoring and evaluating the
performance of any regional organization in implementing its
final work plan; and
(D) provide such other assistance as the Secretary may
request.
(f) Work Plans.--
(1) Application.--Each regional organization applying for a
grant under this section shall include in its application a
proposed work plan.
(2) Annual submission.--To be eligible to continue
receiving annual grants under this section after selection
pursuant to subsection (d), a regional organization shall, on
an annual basis after such selection and subject to the
determination of the Secretary to continue to provide grant
amounts to such regional organization, submit a proposed work
plan to the Advisory Board and the Secretary for review and
approval.
(3) Final work plan.--In any fiscal year, including the
fiscal year in which any regional organization is selected
pursuant to subsection (d), prior to final determination and
allocation of specific grant amounts, each selected regional
organization shall, with the assistance of the Advisory
Board, develop a final work plan that thoroughly describes
how the regional organization will use specific grant amounts
to carry out its functions under this section, which shall
include--
(A) a description of outcome measures and other baseline
information to be used to monitor success in promoting
affordable housing, economic opportunity, and infrastructure
in the colonias;
(B) an account of how the regional organization will
strengthen the coordination of existing resources used to
assist residents of the colonias, and how the regional
organization will leverage additional public and private
resources to complement such existing resources;
(C) an explanation, in part, of the effects that
implementation of the work plan will have on areas in and
around colonias; and
(D) such assurances as the Secretary may require that grant
amounts will be used in a manner that results in assistance
and investments for colonias in each State containing
colonias, in accordance with requirements that the Advisory
Board and the Secretary may establish that provide for a
minimum level of such investment and assistance as a
condition of the approval of the work plans.
(4) Approval.--
(A) In general.--No grant amounts under this section for a
fiscal year may be provided to a regional organization until
the Secretary approves the final work plan of the
organization, including a specific grant amount for the
organization.
(B) Considerations.--In determining whether to approve a
final work plan, the Secretary shall consider whether the
Advisory Board approved the plan.
(C) Nonapproval of plan.--To the extent that the Advisory
Board or the Secretary does not approve a work plan, the
Advisory Board or the Secretary shall, to the maximum extent
practicable, assist the selected regional organization that
submitted the plan to develop an approvable plan.
(g) Eligible Activities.--Grant amounts under this section
may be used only to carry out eligible activities to benefit
the colonias, including--
(1) coordination of public, private, and community-based
resources and the use of grant amounts to leverage such
resources;
(2) technical assistance and capacity building, including
training, business planning and investment advice, and the
development of marketing and strategic investment plans;
(3) initial and early-stage investments in activities to
provide--
(A) housing, infrastructure, and economic development;
(B) housing counseling and financial education, including
counseling and education about avoiding predatory lending;
and
(C) access to financial services for residents of colonias;
(4) development of comprehensive, regional, socioeconomic,
and other data, and the establishment of a centralized
information resource, to facilitate strategic planning and
investments;
(5) administrative and planning costs of any regional
organization in carrying out this section, except that the
Secretary may limit the amount of grant funds used for such
costs; and
[[Page S3189]]
(6) such other activities as the Secretary considers
appropriate to carry out this section.
(h) Grant Agreements.--A grant under this section shall be
made only pursuant to a grant agreement between the Secretary
and a regional organization selected under this section.
(i) Termination and Recapture.--If the Secretary determines
that a regional organization that was awarded a grant under
this section has not substantially fulfilled its obligations
under its final work plan or grant agreement, the Secretary
shall terminate the participation of that regional
organization under this section, and shall recapture any
unexpended grant amounts.
(j) Details From Other Agencies.--Upon request of any
selected regional organization that has an approved work
plan, the head of any Federal agency may detail, on a
reimbursable basis, any of the personnel of such agency to
that regional organization to assist it in carrying out its
duties under this section.
(k) Environmental Review.--For purposes of environmental
review, projects assisted by grant amounts under this section
shall--
(1) be treated as special projects that are subject to
section 305(c) of the Multifamily Housing Property
Disposition Reform Act of 1994 (42 U.S.C. 3547); and
(2) be subject to regulations issued by the Secretary to
implement such section 305(c).
(l) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $16,000,000 for fiscal year 2004; and
(2) such sums as may be necessary for each of fiscal years
2005 through 2009.
(m) Sunset.--No new grants may be provided under this
section after September 30, 2009.
______
By Mr. CAMPBELL:
S. 535. A bill to provide Capitol-flown flags to the families of law
enforcement officers and firefighters killed in the line of duty; to
the Committee on Rules and Administration.
Mr. CAMPBELL. Mr. President, today I am introducing the Fallen Law
Enforcement Officers and Firefighters Flag Memorial Act of 2003.
This bill would help honor the sacrifice of the men and women who
lost their lives in the line of duty by providing Capitol-flown flags
to the families of deceased law enforcement officers and firefighters.
Under this legislation, the family of a deceased law enforcement
officer can request from the Attorney General that a flag be flown over
the U.S. Capitol in honor of the slain officer. The Department of
Justice shall pay the cost of the flags, including shipping, out of
discretionary grant funds, and provide them to the victim's family.
As a former deputy sheriff, I know firsthand the risks which law
enforcement officers face every day on the frontlines protecting our
communities. I also have great appreciation, as the cochair of the
Congressional Fire Caucus, for the service that our Nation's
firefighters provide, day in and day out, and that all too often, they
end up sacrificing their lives while saving others.
I believe providing a Capitol-flown flag is a fitting way to show our
appreciation for fallen officers and firefighters who make the ultimate
sacrifice. It also lets their families know that Congress and the
Nation are grateful for their loved one's service.
I ask unanimous consent that the Fallen Law Enforcement Officers and
Firefighters Flag Memorial Act of 2003 be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 535
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 ``Fallen Law Enforcement
Officers and Firefighters Flag Memorial Act of 2003''.
SEC. 2. CAPITOL-FLOWN FLAGS FOR FAMILIES OF DECEASED LAW
ENFORCEMENT OFFICERS.
(a) Authority.--
(1) In general.--The family of a deceased law enforcement
officer may request, and the Attorney General shall provide
to such family, a Capitol-flown flag, which shall be supplied
to the Attorney General by the Architect of the Capitol. The
Department of Justice shall pay the cost of such flag,
including shipping, out of discretionary grant funds.
(2) Effective date.--Paragraph (1) shall take effect on the
date on which the Attorney General establishes the procedure
required by subsection (b).
(b) Procedure.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall establish a
procedure (including any appropriate forms) by which the
family of a deceased law enforcement officer may request, and
provide sufficient information to determine such officer's
eligibility for, a Capitol-flown flag.
(c) Applicability.--This Act shall only apply to a deceased
law enforcement officer who died on or after the date of
enactment of this Act.
(d) Definitions.--In this Act--
(1) the term ``Capitol-flown flag'' means a United States
flag flown over the United States Capitol in honor of the
deceased law enforcement officer for whom such flag is
requested; and
(2) the term ``deceased law enforcement officer'' means a
person who was charged with protecting public safety, who was
authorized to make arrests by a Federal, State, Tribal,
county, or local law enforcement agency, and who died while
acting in the line of duty.
SEC. 3. CAPITOL-FLOWN FLAGS FOR FAMILIES OF DECEASED
FIREFIGHTERS.
(a) Authority.--The family of a paid or volunteer
firefighter who dies in the line of duty may request, and the
Director of the Federal Emergency Management Agency shall
provide to such family, a capitol-flown flag, which shall be
supplied to the Director by the Architect of the Capitol. The
Federal Emergency Management Agency shall pay the cost of
such flag, including shipping, out of discretionary grant
funds.
(b) Effective Date.--This section shall take effect on the
date on which the Attorney General establishes the procedure
required by section 2(b).
______
By Mr. DeWINE (for himself, Mr. Levin, Ms. Collins, Mr. Reed, Mr.
Voinovich, and Ms. Stabenow):
S. 536. A bill to establish the National Invasive Species Council,
and for other purposes; to the Committee on Environment and Public
Works.
Mr. DeWINE. Mr. President, today I am pleased to join with Senators
Levin, Collins, Reed, Voinovich, and Stabenow, to introduce the
National Invasive Species Council Act--a bill to permanently establish
the National Invasive Species Council. The National Invasive Species
Council was established by an Executive order so that the Federal
Government can better coordinate to combat the economic, ecologic, and
health threat of invasive species.
Invasive species are a national threat. Estimates of the annual
economic damages caused by invasive species in this Nation are as high
as $137 billion. To combat the serious threats posed by invasive
species, we need Federal coordination and planning. Our bill would
provide just that--on a permanent basis. Under this legislation, the
Secretaries of State, Commerce, Transportation, Agriculture, Health &
Human Services, Interior, Defense, and Treasury, along with the
Administrators of EPA and USAID, would continue to work together
through the Council to develop a National Invasive Species Management
Plan.
Though the Council can continue to operate and develop invasive
species management plans as they currently do, the GAO reported last
year that implementing the national invasive species management plan is
difficult because the Council does not have a congressional mandate to
act. GAO also reported that most of the agencies that have
responsibilities under the National Invasive Species Management Plan
have been slow to complete activities by the due date established under
the plan and the agencies do not always act in a coordinated manner. As
my colleagues who are cosponsoring this bill know, invasive species are
too great of a problem to be left unmanaged.
The duties of the Council are generally to coordinate Federal
activities in an effective, complementary, cost-efficient manner;
update the National Invasive Species Management Plan; ensure that
Federal agencies implement the management plan; and develop
recommendations for international cooperation. Agencies that do not
implement the recommendations of the National Invasive Species
Management Plan must report to Congress as to why the recommendations
were not implemented. The Council is directed to develop guidance for
Federal agencies on prevention, control, and eradication of invasive
species so that Federal programs and actions do not increase the risk
of invasion or spread nonindigenous species. And finally, the bill also
establishes an Invasive Species Advisory Committee to the Council.
Ultimately, with a congressional mandate, the Council can enhance its
effectiveness and better protect our environment from invasive species.
I urge my colleagues to cosponsor this measure so that the Federal
Government can improve its response to invasive species threat.
[[Page S3190]]
Mr. VOINOVICH. Mr. President, I rise today in support of the National
Aquatic Invasive Species Act and the National Invasive Species Council
Act. As a Senator representing a Great Lake State, I am proud to be an
original cosponsor of both of these bills that are critical to the
future of the Great Lakes ecosystem.
In my 36 years of public service, one of my greatest sources of
comfort and accomplishment has been my work to help clean up and
protect the environment, particularly Lake Erie.
Lake Erie's ecology has come a long way since I was elected to the
state legislature in 1966. During that time, Lake Erie formed the
northern border of my district and it was known worldwide as a dying
lake, suffering from eutrophication. Lake Erie's decline was covered
extensively by the media and became an international symbol of
pollution and environmental degradation. I remember the British
Broadcasting Company even sending a film crew to make a documentary
about it. One reason for all the attention is that Lake Erie is a
source of drinking water for 11 million people.
Seeing firsthand the effects of pollution on Lake Erie and the
surrounding region, I knew we had to do more to protect the environment
for our children and grandchildren. As a State legislator, I made a
commitment to stop the deterioration of the lake and to wage the
``Second Battle of Lake Erie'' to reclaim and restore Ohio's Great
Lake. I have continued this fight throughout my career as County
Commissioner, state legislator, Mayor of Cleveland, Governor of Ohio,
and United States Senator.
It is comforting to me that 36 years since I started my career in
public service, I am still involved, as a member of the United States
Senate and our Committee on Environment and Public Works, in the battle
to save Lake Erie.
Today in Ohio, we celebrate Lake Erie's improved water quality. It is
a habitat to countless species of wildlife, a vital resource to the
area's tourism, transportation, and recreation industries, and the main
source of drinking water for many Ohioans. Unfortunately, however,
there is still a great deal that needs to be done to improve and
protect Ohio's greatest natural asset.
Our current enemy is the aquatic invasive species that threaten the
health and viability of the Great Lakes fishery and ecosystem. I am
worried about these aquatic terrorists in the ballast water that enter
the Great Lakes system through boats from all over the world. These
species are already wreaking havoc in the lakes and will continue to do
so until they are stopped.
Since the 1800s, over 145 invasive species have colonized in the
Great Lakes. Since 1990, when legislation to address aquatic nuisance
species was first enacted, we have averaged about one new invader each
year. Clearly, we have not closed the door to invasive species. I am
deeply troubled by the surge in new invasive species in Lake Erie,
because once a species establishes itself, there is virtually no way to
eliminate it.
As Mayor of Cleveland in the 1980s, I was alarmed about the
introduction of zebra mussels into the Great Lakes and conducted the
first national meeting to investigate the problem. It is a complicated
situation and we are still learning how invasive species like the zebra
mussel affect the ecosystem.
In early August, for example, I conducted a field hearing of the
Environment and Public Works Committee to examine the increasingly
extensive oxygen depletion or anoxia in the central basin of Lake Erie.
This phenomenon has been referred to as a ``dead zone.'' Anoxia over
the long term could result in massive fish kills, toxic algae blooms,
and bad-tasting or bad-smelling water.
Anoxia is usually the result of decaying algae blooms which consume
oxygen at the bottom of the lake. In the past, excessive phosphorus
loading from point sources such as municipal sewage treatment plants
were greatly responsible for algae blooms. Since 1965, the level of
phosphorus entering the Lake has been reduced by about 50 percent.
These reductions have resulted in smaller quantities of algae and more
oxygen into the system.
In recent years, overall phosphorus levels in the Lake have been
increasing, but the amount of phosphorus entering it has not.
Scientists are unable to account for the increased levels of phosphorus
in the Lake. One hypothesis is the influence of two aquatic nuisance
species the zebra and quagga mussels. Although their influence is not
well understood, they may be altering the way phosphorus cycles through
the system.
Another way zebra mussels could be responsible for oxygen depletion
in Lake Erie is due to their ability to filter and clear vast
quantities of lake water. Clearer water allows light to penetrate
deeper into the Lake, encouraging additional organic growth on the
bottom. When this organic material decays, it consumes oxygen.
The possible link between Lake Erie's ``dead zone'' problem and
aquatic nuisance species like the zebra mussel should underscore the
importance of our legislation, the National Aquatic Nuisance Species
Act. Over the last 30 years, we have made remarkable progress in
improving water quality and restoring the natural resources of our
Nation's aquatic areas, and we need to prevent any backsliding on this
progress.
While aquatic invasive species are a particular problem because they
readily spread through interconnected waterways and are difficult to
treat safely, they represent only one piece of the problem. Both
terrestrial and aquatic invasive species cause significant economic and
ecological damage throughout North America. Recent estimates state that
invasive species cost the U.S. at least $138 billion per year and that
42 percent of the species on the Threatened and Endangered Lists are at
risk primarily due to invasive species.
In 1999, President Clinton issued an Executive Order creating the
National Invasive Species Council to develop a national management plan
for invasive species and bring together the federal agencies
responsible for managing them. This was a promising action that has
never been fully implemented. The National Invasive Species Management
Plan was issued in 2001, but agencies with responsibilities under the
plan have been slow to complete activities by the established due dates
and the agencies do not always act in a coordinated manner.
The General Accounting Office released a report in October 2002 that
claimed that implementing the Management Plan was being hampered by the
lack of a congressional mandate for the Council. It is disturbing to me
that this Council exists but is not making substantial progress. Make
no mistake about it; these species are not waiting for the Federal
Government to get all of its ducks in a row. They are continuing to
take over the waters and lands of the U.S.
The National Invasive Species Council Act will fix this problem by
legislatively establishing the Council. Because timing is so important,
I urge my colleagues to act quickly on both of these bills to ensure
that the National Invasive Species Management Plan is updated and fully
implemented.
We must act quickly to strengthen the oversight of efforts preventing
invasive species from wreaking havoc on the Great Lakes' aquatic
habitat and throughout the U.S.
I look forward to working with my colleagues in the House and Senate
to move these bills forward. I understand that both bills will be
referred to the Environment and Public Works Committee today, and I
look forward to working with Chairman Inhofe to move them expeditiously
through committee.
______
By Mrs. CLINTON (for herself, Mr. Warner, Ms. Mikulski, Ms.
Snowe, Mr. Breaux, Mr. Jeffords, Mrs. Murray, Ms. Collins, Mr.
Kennedy, and Mr. Smith):
S. 538. A bill to amend the Public Health Service Act to establish a
program to assist family caregivers in accessing affordable and high-
quality respite care, and for other purposes; to the Committee on
Health, Education, Labor, and Pensions.
Mrs. CLINTON. Mr. President, I am proud to introduce the Lifespan
Respite Care Act of 2003 today, a bill to establish the availability of
respite services for our family caregivers, and to increase
coordination of these programs so that caregivers will be better able
to access them.
[[Page S3191]]
As a nation, we rely on family caregivers. Twenty-six million
Americans care for an adult family member who is ill or disabled,
Eighteen million children have a condition that place significant
demands on their parental caregivers. Four million Americans with
mental retardation or a developmental disability rely on family members
for care and supervision. If services provided by family caregivers
were replaced by paid services, it would cost nearly $200 billion
annually.
But these are just numbers. Every member has a human face. Let me
tell you about Heather Thoms-Chelsey. I met Heather last year at a
press conference announcing the Lifespan Respite Care Act of 2002. At
that press conference I also met Heather's then 4-year-old daughter,
Victoria, who as Rett syndrome. Victoria is totally dependent on family
caregivers for all basic living skills: dressing, feeding, bathing and
toileting. She also engages in self-injurious behaviors, hand-biting,
head banging, body slamming, hair pulling. She has to be monitored all
the time for her protection. Heather says, ``I feel tired and exhausted
after only less than 5 years, what will I be like in 15? Or even 20?''
Heather is very resourceful. She has managed to find some respite
care--164 hours per year--through her State's department of hygiene and
mental health. She used 4 hours of her allotted time to bring a respite
care worker with her to the press conference so she could tell us her
story. The State allows Heather a maximum payment of $7.50 per hour for
respite services. It is difficult to find someone who can care for a
child with such complicated needs for that. Most of the time, Heather
uses the respite care dollars to hire someone to help her care for
Victoria in the home or on an outing. Very rarely does Heather actually
get to leave the house and take a real break. Some would say Heather is
one of the lucky ones. She actually has some respite care. Many people
have none.
Heather's story is repeated all across this country. Some people are
caring for children or grandchildren with special needs and elderly
parents at the same time. Some have called these people the
``sandwich'' generation, sandwiched between the caregiving demands of
children or grandchildren and the caregiving demands of elderly
parents.
Just because family caregiving is unpaid does not mean it is
costless. Caregiving is certainly personally rewarding but it can also
result in substantial emotional and physical strain and financial
hardship. Many caregivers are exhausted and become sick themselves.
Many give up jobs to care for loved ones, putting their own financial
security in jeopardy.
I believe that our country is suffering not just from a budget
deficit, but what Mona Harrington has called, ``a care deficit.''
Everywhere we look--nursing, childcare, teaching, long-term care--we
see shortages and looming crises that threaten the provision of care on
which our children, our parents, and our families all depend.
Caregiving is undervalued, underfinanced, and too often uncompensated.
Family caregiving seems almost ``invisible'' in our society, perhaps
because it is work that women perform in the home.
It is time we recognize the heroic effort of our family caregivers
and provide them the kind of support they need before their own health
deteriorates. One way to do that is through respite care. Respite care
provides a much needed break from the daily demands of caregiving for a
few hours or a few days. These welcome breaks help protect the physical
and mental health of the family caregiver, making it possible for the
individual in need of care to remain in the home.
Unfortunately, respite care is hard to find. Many caregivers do not
know how to find information about services available. Even when
community respite care services exist, there are often long waiting
lists. For example, the United Cerebral Palsy Association of Nassau
County on Long Island, provides respite service to 70 people but they
have had a 200-person waiting list since 1995. In the same community,
the Association for the Help of Retarded Children serves 140
youngsters; 200 children are on their waiting list. Variety
Preschoolers serves 150 toddlers with special needs; 120 children are
on their waiting list. The list goes on and on.
But, this is not a problem isolated to Long Island, NY. It is
happening all across the America. There are more caregivers in need of
respite care than there are respite care resources available. Part of
the problem is funding and part of the problem is staffing.
Children and adults with special needs require trained caregivers.
Parents and spouses and other family caregivers are understandably
hesitant to leave their loved ones with untrained staff. But training
staff costs money and trained staff are going to be reluctant to work
for as little as $7-8 an hour. Until we recognize the value of
caregiving and pay for it as a valued service, we are going to continue
to face shortages: shortages in respite care but also shortage in
caregiving in a larger sense.
We don't have enough teachers. We don't have enough nurses. We don't
have enough childcare workers. We don't have enough trained workers to
care for our elderly. And we don't have enough trained staff to provide
respite care.
It is time that we, as a nation, face this care deficit and do
something about it.
Today, I, along with my colleagues, Senators Warner, Mikulski, Snowe,
Breaux, Jeffords, Murray, Collins, Kennedy, and Smith, are introducing
the Lifespan Respite Care Act of 2003. This bill would provide over $90
million in grants annually to develop a coordinated system of respite
care services for family caregivers of individuals with special needs
regardless of age. Funds could also be used to increase respite care
services or to train respite care workers or volunteers.
Some of my colleagues have questioned the pricetag of this
legislation. I ask them to do the math. With 26 million caregivers of
adults and 18 million caregivers of children with special needs, $90
million dollars amounts to $2.05 per caregiver. If anything, we should
be investing more in respite care, not less. Estimates place the cost
of current family caregiving at $200 billion annually. We simply cannot
afford to continue to ignore this issue.
I remain committed to the concerns of family caregivers and to their
need for respite care in particular. Together, I believe we can pass
respite care legislation.
But, our work cannot stop there. The need of family caregivers for
respite care is just one important piece of a larger complex picture. I
am asking you to join me in a longer term effort to put the care
deficit--in childcare, in teaching, in nursing, in long-term care, as
well as in family caregiving--on the national agenda.
______
By Mr. DOMENICI (for himself, Mr. Dorgan, Mr. Kyl, Mrs.
Feinstein, Ms. Murkowski, Mr. Burns, Mrs. Murray, Mr. McCain,
Mrs. Hutchison, Mr. Coleman, and Mr. Bingaman):
S. 539. A bill to authorize appropriations for border and
transportation security personnel and technology, and for other
purposes; to the Committee on Commerce, Science, and Transportation.
Mr. DOMENICI. Mr. President, I rise today to introduce a bill of
critical importance to our Nation's economic well-being and the
security of our borders: the Border Infrastructure and Technology
Modernization Act.
No American border has under gone a comprehensive infrastructure
overhaul since 1986, when Senator Dennis DeConcini of Arizona and I put
forth a $357 million effort to modernize the southwest border. That
bill pertained only to the southwest border, and a great deal was
change since 1986.
More importantly, much has changed since September 11, 2001. It is
now critical that we look at the big picture and give our northern and
southwestern borders the resources they need to address security
vulnerabilities and facilitate the flow of trade.
Two years ago, the General Services Administration completed a
comprehensive assessment of infrastructure needs on the southwestern
and northern borders of the United States. This assessment found that
overhauling both borders would require $784 million.
Since the publication of that assessment in February 2001, many of
the needs identified remain outstanding. Many have grown, and new needs
have
[[Page S3192]]
arisen as the task of making border trade flow faster has become more
complicated in the face of unprecedented security concerns.
In response to our Nation's heightened security concerns, we created
the Department of Homeland Security, an agency affecting virtually
every Federal entity involved in border operations. Congress must give
this new Department adequate resources and tools to achieve the
necessary balance between security and trade considerations. The Border
Infrastructure and Technology Modernization Act proposes a number of
measures meant to increase the speed at which trade crosses the border
as well as beefing up security at vulnerable points on our land
borders.
In the recently passed omnibus appropriations bill, I secured
legislative language asking the General Services Administration, in
cooperation with the other border agencies involved, to complete an
updated assessment of needs on our borders. The information contained
in this assessment will provide a blueprint for comprehensive, targeted
improvements to border infrastructure and technology. The bill I am
introducing today provides $100 million per year for 5 years to
implement these improvements.
Congress has already passed legislation to improve security at
airports and seaports, but we have not yet addressed the needs of our
busiest ports, located on the United States' northern and southwestern
land borders. Traditionally, tighter security requirements have come at
the expense of efficient commerce across our borders. With the
improvements we are proposing today, we mean to move toward a day when
we can say that higher security does not penalize trade.
America's two biggest trading partners are not across an ocean--they
lie to the north and south of our country. In the past decade, U.S.-
Canada trade has doubled, and in the same time period, trade between
the United States and Mexico tripled. At the same time, our
infrastructure is weakest on our land borders, and we must act quickly
and decisively to prevent terrorists from exploiting this weakness.
To address this threat, the Border Infrastructure and Technology
Modernization Act provides for a coordinated Land Border Security Plan,
including cooperation between Federal State and local entities involved
at our borders, as well as the private sector.
When it comes to security, everybody has a role to play, not just the
government. We must enlist the help of the private sector to address
security concerns on our borders. Trade and industry have made this
country the economic powerhouse it is today, and we must fully involve
them in protecting our country through government trade and industry
partnership programs.
The U.S. Customs Service has already started this process. I commend
them for their quick action after the September 11 terrorist attacks in
enlisting the support of private industry by quickly developing the
Customs-Trade Partnership Against Terrorism, C-TPAT. We need to expand
these programs, especially along the northern and southwestern borders.
This bill authorizes an additional $30 million and additional staff to
accomplish this task.
Finally, equipment and technology alone will not solve the trade and
security problems on our borders. The border agencies of the Department
of Homeland Security need sufficient personnel levels, and training to
ensure the implementation and use of modern technology. I am pleased
that the administration has taken the first step to meet this objective
by announcing that they will add 1,700 new inspectors to the Bureau of
Customs and Border Security of the Department of Homeland Security.
The Border Infrastructure and Technology Modernization Act increases
the number of inspectors and support staff in this bureau by an
additional 200 each year for 5 years. This bill also adds 100 more
special agents and support staff each year for 5 years to the Bureau of
Immigration and Customs Enforcement, the investigative arm of the
Department of Homeland Security.
I am pleased to introduced this bill today to devote greater
resources to maximizing the economic possibilities of the trade flowing
across our borders, while addressing the security vulnerabilities on
our land borders. I am convinced that these goals are not mutually
exclusive, but instead must be realized in concert.
Mr. President, I ask unanimous consent that the bill be printed in
the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 539
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 ``Border Infrastructure and
Technology Modernization Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Customs and Border Protection
of the Department of Homeland Security.
(2) Maquiladora.--The term ``maquiladora'' means an entity
located in Mexico that assembles and produces goods from
imported parts for export to the United States.
(3) Northern border.--The term ``northern border'' means
the international border between the United States and
Canada.
(4) Southern border.--The term ``southern border'' means
the international border between the United States and
Mexico.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Border and Transportation Security of
the Department of Homeland Security.
SEC. 3. HIRING AND TRAINING OF BORDER AND TRANSPORTATION
SECURITY PERSONNEL.
(a) Inspectors and Agents.--
(1) Increase in inspectors and agents.--During each of
fiscal years 2004 through 2008, the Under Secretary shall--
(A) increase the number of full-time agents and associated
support staff in the Bureau of Immigration and Customs
Enforcement of the Department of Homeland Security by the
equivalent of at least 100 more than the number of such
employees in the Bureau as of the end of the preceding fiscal
year; and
(B) increase the number of full-time inspectors and
associated support staff in the Bureau of Customs and Border
Protection by the equivalent of at least 200 more than the
number of such employees in the Bureau as of the end of the
preceding fiscal year.
(2) Waiver of fte limitation.--The Under Secretary is
authorized to waive any limitation on the number of full-time
equivalent personnel assigned to the Department of Homeland
Security to fulfill the requirements of paragraph (1).
(b) Training.--The Under Secretary shall provide
appropriate training for agents, inspectors, and associated
support staff on an ongoing basis to utilize new technologies
and to ensure that the proficiency levels of such personnel
are acceptable to protect the borders of the United States.
SEC. 4. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.
(a) Requirement To Update.--Not later than January 31 of
each year, the Administrator of General Services shall update
the Port of Entry Infrastructure Assessment Study prepared by
the United States Customs Service, the Immigration and
Naturalization Service, and the General Services
Administration in accordance with the matter relating to the
ports of entry infrastructure assessment that is set out in
the joint explanatory statement in the conference report
accompanying H.R. 2490 of the 106th Congress, 1st session
(House of Representatives Rep. No. 106-319, on page 67) and
submit such updated study to Congress.
(b) Consultation.--In preparing the updated studies
required in subsection (a), the Administrator of General
Services shall consult with the Director of the Office of
Management and Budget, the Under Secretary, and the
Commissioner.
(c) Content.--Each updated study required in subsection (a)
shall--
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land
Border Security Plan required by section 5; and
(3) prioritize the projects described in paragraphs (1) and
(2) based on the ability of a project to--
(A) fulfill immediate security requirements; and
(B) facilitate trade across the borders of the United
States.
(d) Project Implementation.--The Commissioner shall
implement the infrastructure and technology improvement
projects described in subsection (c) in the order of priority
assigned to each project under paragraph (3) of such
subsection.
(e) Divergence From Priorities.--The Commissioner may
diverge from the priority order if the Commissioner
determines that significantly changed circumstances, such as
immediate security needs or changes in infrastructure in
Mexico or Canada, compellingly alter the need for a project
in the United States.
SEC. 5. NATIONAL LAND BORDER SECURITY PLAN.
(a) Requirement for Plan.--Not later than January 31 of
each year, the Under Secretary shall prepare a National Land
Border
[[Page S3193]]
Security Plan and submit such plan to Congress.
(b) Consultation.--In preparing the plan required in
subsection (a), the Under Secretary shall consult with the
Under Secretary for Information Analysis and Infrastructure
Protection and the Federal, State, and local law enforcement
agencies and private entities that are involved in
international trade across the northern border or the
southern border.
(c) Vulnerability Assessment.--
(1) In general.--The plan required in subsection (a) shall
include a vulnerability assessment of each port of entry
located on the northern border or the southern border.
(2) Port security coordinators.--The Under Secretary may
establish 1 or more port security coordinators at each port
of entry located on the northern border or the southern
border--
(A) to assist in conducting a vulnerability assessment at
such port; and
(B) to provide other assistance with the preparation of the
plan required in subsection (a).
SEC. 6. EXPANSION OF COMMERCE SECURITY PROGRAMS.
(a) Customs-Trade Partnership Against Terrorism.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commissioner, in consultation with
the Under Secretary, shall develop a plan to expand the size
and scope (including personnel needs) of the Customs-Trade
Partnership Against Terrorism programs along the northern
border and southern border, including--
(A) the Business Anti-Smuggling Coalition;
(B) the Carrier Initiative Program;
(C) the Americas Counter Smuggling Initiative;
(D) the Container Security Initiative;
(E) the Free and Secure Trade Initiative; and
(F) other Industry Partnership Programs administered by the
Commissioner.
(2) Southern border demonstration program.--Not later than
180 days after the date of enactment of this Act, the
Commissioner shall establish a demonstration program along
the southern border for the purpose of implementing at least
one Customs-Trade Partnership Against Terrorism program along
that border. The Customs-Trade Partnership Against Terrorism
program selected for the demonstration program shall have
been successfully implemented along the northern border as of
the date of enactment of this Act.
(b) Maquiladora Demonstration Program.--Not later than 180
days after the date of enactment of this Act, the
Commissioner shall establish a demonstration program to
develop a cooperative trade security system to improve supply
chain security.
SEC. 7. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.
(a) Establishment.--The Under Secretary shall carry out a
technology demonstration program to test and evaluate new
port of entry technologies, refine port of entry technologies
and operational concepts, and train personnel under realistic
conditions.
(b) Technology and Facilities.--
(1) Technology tested.--Under the demonstration program,
the Under Secretary shall test technologies that enhance port
of entry operations, including those related to inspections,
communications, port tracking, identification of persons and
cargo, sensory devices, personal detection, decision support,
and the detection and identification of weapons of mass
destruction.
(2) Facilities developed.--At a demonstration site selected
pursuant to subsection (c)(2), the Under Secretary shall
develop facilities to provide appropriate training to law
enforcement personnel who have responsibility for border
security, including cross-training among agencies, advanced
law enforcement training, and equipment orientation.
(c) Demonstration Sites.--
(1) Number.--The Under Secretary shall carry out the
demonstration program at not less than 3 sites and not more
than 5 sites.
(2) Selection criteria.--To ensure that at least 1 of the
facilities selected as a port of entry demonstration site for
the demonstration program has the most up-to-date design,
contains sufficient space to conduct the demonstration
program, has a traffic volume low enough to easily
incorporate new technologies without interrupting normal
processing activity, and can efficiently carry out
demonstration and port of entry operations, at least 1 port
of entry selected as a demonstration site shall--
(A) have been established not more than 15 years before the
date of enactment of this Act;
(B) consist of not less than 65 acres, with the possibility
of expansion onto not less than 25 adjacent acres; and
(C) have serviced an average of not more than 50,000
vehicles per month in the 12 full months preceding the date
of enactment of this Act.
(d) Relationship With Other Agencies.--The Under Secretary
shall permit personnel from an appropriate Federal or State
agency to utilize a demonstration site described in
subsection (c) to test technologies that enhance port of
entry operations, including those related to inspections,
communications, port tracking, identification of persons and
cargo, sensory devices, personal detection, decision support,
and the detection and identification of weapons of mass
destruction.
(e) Report.--
(1) Requirement.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Under
Secretary shall submit to Congress a report on the activities
carried out at each demonstration site under the technology
demonstration program established under this section.
(2) Content.--The report shall include an assessment by the
Under Secretary of the feasibility of incorporating any
demonstrated technology for use throughout the Bureau of
Customs and Border Protection.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to any funds otherwise
available, there are authorized to be appropriated--
(1) to carry out the provisions of section 3, such sums as
may be necessary for the fiscal years 2004 through 2008;
(2) to carry out the provisions of section 4--
(A) to carry out subsection (a) of such section, such sums
as may be necessary for the fiscal years 2004 through 2008;
and
(B) to carry out subsection (d) of such section--
(i) $100,000,000 for each of the fiscal years 2004 through
2008; and
(ii) such sums as may be necessary in any succeeding fiscal
year;
(3) to carry out the provisions of section 6--
(A) to carry out subsection (a) of such section--
(i) $30,000,000 for fiscal year 2004, of which $5,000,000
shall be made available to fund the demonstration project
established in paragraph (2) of such subsection; and
(ii) such sums as may be necessary for the fiscal years
2005 through 2008; and
(B) to carry out subsection (b) of such section--
(i) $5,000,000 for fiscal year 2004; and
(ii) such sums as may be necessary for the fiscal years
2005 through 2008; and
(4) to carry out the provisions of section 7, provided that
not more than $10,000,000 may be expended for technology
demonstration program activities at any 1 port of entry
demonstration site in any fiscal year--
(A) $50,000,000 for fiscal year 2004; and
(B) such sums as may be necessary for each of the fiscal
years 2005 through 2008.
(b) International Agreements.--Funds authorized in this Act
may be used for the implementation of projects described in
the Declaration on Embracing Technology and Cooperation to
Promote the Secure and Efficient Flow of People and Commerce
across our Shared Border between the United States and
Mexico, agreed to March 22, 2002, Monterrey, Mexico (commonly
known as the Border Partnership Action Plan) or the Smart
Border Declaration between the United States and Canada,
agreed to December 12, 2001, Ottawa, Canada that are
consistent with the provisions of this Act.
Mr. McCAIN. Mr. President, I am pleased to join Senators Domenici,
Dorgan, Kyl, Feinstein, Murkowski, Burns, and Murray to introduce the
Border Infrastructure and Technology Modernization Act. For most of us,
this is not a new issue. I have worked closely with many of my
colleagues to address concerns regarding the protection of our Nation's
borders, particularly the problems associated with illegal immigration.
The bill we are introducing today addresses border infrastructure, to
ensure that our Nation's borders, both southern and northern, are as
secure and up to date as possible. This bill will authorize. the Bureau
of Immigration and Customs Enforcement to address staffing shortages
and hire additional agents, inspectors, and support staff. It will also
authorize several studies and demonstration programs to improve
infrastructure, security, facilitate trade, and expand the use of
technology along the borders.
Cross-border commerce suffers greatly due to backups at our ports of
entry. Two and three hour delays hinder the transport of goods from
Mexico into the United States. Improving infrastructure at our ports of
entry will increase our capability to screen trucks and individuals
coming into the country in a more efficient manner, reducing the
backups along the border and improving the free flow of commerce.
As undocumented aliens take increasingly desperate measures to cross
our border with Mexico, the burden borne by States along the
southwestern border continues to grow. The Federal Government's attempt
to stem illegal immigration in Texas and California has made it
increasingly difficult to cross the border in these States and has
created a funnel effect, giving Arizona the dubious distinction of
being the location of choice for illegal border crossings.
Reports suggest that at least one in three of the illegal border
crossers arrested traversing the U.S.-Mexico border are stopped in
Arizona. Last year approximately 320 people died in the
[[Page S3194]]
desert trying to cross the border. Additionally, the number of attacks
on National Park Service officers has increased in recent years.
Property crimes are rampant along the border, leaving Arizona with the
highest per capita auto theft rate in the Nation. Times have become so
desperate that vigilante groups have begun to form with the goal of
doing the job the Federal Government is failing to do.
We must do all we can to improve the ports of entry along our borders
with both our northern and our southern neighbors. Technology is the
key to that goal, and this bill takes a big step toward ensuring that
technological needs are assessed and that technology is improved.
There are between 7-9 million people in this country illegally. Many
of these people entered our country legally but have overstayed their
visas. By upgrading the technology for our ports of entry and further
developing the entry-exit system we will have a way to better monitor
these individuals. During this year's appropriations bill, I sponsored
an amendment along with Senators Kyl and Feinstein to restore $165
million to entry-exit system and help the INS establish four pilot
projects on the borders to effectively track and monitor immigration.
This bill and the amendment we passed recently are both important ways
to increase the resources available to the border.
Beyond the improvement of infrastructure, technology and security
along the border, we must also address illegal immigration through a
guest worker program. As long as there are jobs to be had on this side
of the border, people will continue to attempt to cross illegally, and
our national security will remain at risk.
I urge my colleagues to move expeditiously on this important piece of
legislation, in order to ensure that in a time of new global threats,
our Nation's borders are as safe as possible and American citizens are
protected.
______
By Mr. LIEBERMAN (for himself, Mr. Chafee, Mr. Biden, Mrs. Boxer,
Ms. Cantwell, Mrs. Clinton, Mr. Corzine, Mr. Dayton, Mr. Dodd,
Mr. Durbin, Mr. Edwards, Mr. Feingold, Mr. Graham of Florida,
Mr. Harkin, Mr. Kennedy, Mr. Kerry, Mr. Kohl, Mr. Lautenberg,
Mr. Leahy, Mrs. Murray, Mr. Reed, Mr. Sarbanes, Mr. Schumer,
Ms. Stabenow, and Mr. Wyden):
S. 543. A bill to designate a portion of the Arctic National Wildlife
Refuge as wilderness; to the Committee on Environmental and Public
Works.
Mr. LIEBERMAN. Mr. President, I rise today to introduce legislation
to designate the coastal plain of the Arctic Refuge as wilderness.
America's dependence on foreign oil is an urgent and stubborn
problem. But the answer isn't in the ground. It's in our heads. We have
to apply the genius of America to engineer a solution to energy
independence, not hope that we will magically find one in the deposits
under Alaska.
The facts on this are clear. Alaska has at a most 6 month supply of
oil--not a drop of which will be available for a decade. The United
States Energy Information Administration--part of the Bush
administration--itself concluded that full development of the Refuge
would reduce our projected dependence on foreign oil from 62 to 60
percent at the very most, and not until 2020.
For that, is it worth forever losing a national treasure, one of our
last great wild places? I say no. Instead, I say yes to a smart,
forward-looking strategy to wean our economy off its addiction to
foreign oil without sacrificing our natural treasures.
Despite my colleagues arguments to the contrary, I believe it is
finally established that there is no way--no way--to drill in the
Arctic without disrupting and essentially destroying that precious
place. For too long, drilling advocates have attempted to raise
questions about the impacts of drilling. It is time for the facts to
carry the day.
In fact, just today, the National Academies of Science released a
report detailing the cumulative impacts of oil development on Alaska's
North Slope. The NAS not only found that Arctic oil development has
adversely impacted populations of caribou, birds and bowhead whales--
more importantly, they said that future drilling would pose grave
threats to the Arctic's environmental health. As the report stated in a
section entitled ``The Essential Trade-Off,'' the question for Congress
is whether the available oil is worth the ``inevitable accumulated
undesirable effects.'' With so little impact on our oil dependence
predicted, the answer is clearly no.
In every poll, we see that the majority of Americans oppose ruining
the Arctic for oil. And, as we established last year, the majority of
the U.S. Senate agrees with them. Once and for all, let's respect that
desire, and let's protect this precious place. Let's pass this bill.
Mr. President, I ask unanimous consent that the bill be printed in
the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 543
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DESIGNATION OF PORTION OF ARCTIC NATIONAL WILDLIFE
REFUGE AS WILDERNESS.
Section 4 of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd) is amended by
adding at the end the following:
``(p) Designation of Certain Land as Wilderness.--
Notwithstanding any other provision of this Act, a portion of
the Arctic National Wildlife Refuge in Alaska comprising
approximately 1,559,538 acres, as generally depicted on a map
entitled `Arctic National Wildlife Refuge--1002 Area.
Alternative E--Wilderness Designation, October 28, 1991' and
available for inspection in the offices of the Secretary, is
designated as a component of the National Wilderness
Preservation System under the Wilderness Act (16 U.S.C. 1131
et seq.).''.
______
By Mr. DODD (for himself, Mr. Warner, Mr. Hollings, Mr. Reed, Mr.
Daschle, Mr. Lieberman, Mrs. Clinton, Mr. Sarbanes, and Ms.
Landrieu):
S. 544. A bill to establish a SAFER Firefighter Grant Program; to the
Committee on Commerce, Science, and Transportation.
Mr. DODD. Mr. President, I rise today with my colleagues Senator
Warner, Senator Hollings, Senator Reed, Senator Daschle, Senator
Lieberman, Senator Clinton, Senator Sarbanes, and Senator Landrieu to
introduce the Staffing for Adequate Fire and Emergency Response, SAFER,
Act. This legislation will help to remedy a critical shortage in the
fire service and help ensure that America's firefighters have the
staffing they need to safely do their jobs.
Every day approximately one million firefighters put their lives on
the line to protect the people of our great Nation. I firmly believe
that in recognition of that fact, our Nation has an obligation to
ensure that the brave men and women of the fire service have the tools,
the training, and the staffing they need to do their jobs safely.
In recent years, the Federal Government has recognized that it can
and should be a better partner with local firefighters. In 2000,
Senator DeWine, Senator Levin, Senator Warner, and I worked
successfully to help create the FIRE Act. This law stood as the first
Federal grant program explicitly designed to help fire departments
throughout America obtain better equipment, improved training, and
needed personnel. Since September 11, 2001, Congress and the
administration have provided billions of dollars to help local
firefighters purchase equipment and training to respond to acts of
terrorism, accidental fires, chemical spills, and natural disasters.
Over the last 2 years, the Federal FIRE Act grant initiative has
provided nearly half a billion dollars in direct assistance to local
fire departments across the country and the FIRE Act will provide
another $750 million this year. We are beginning to significantly
improve the quality of the equipment available to firefighters in every
State and in communities large and small. Unfortunately, the FIRE Act
has not improved staffing conditions for America's fire service. Severe
staffing shortages still plague departments across the country.
Currently two-thirds of all fire departments operate with inadequate
staffing. And the consequences are often tragic. According to testimony
by Harold Schaitberger, General President of the International
Association of Firefighters, presented before the
[[Page S3195]]
Senate Science, Technology and Space Subcommittee on October 11, 2001,
understaffing has caused or contributed to firefighter deaths in
Memphis, Tennessee; Worcester, Massachusetts; Keokuk, Iowa; Pittsburgh,
Pennsylvania; Chesapeake, Virginia; Stockton, California; Lexington,
Kentucky; Buffalo, New York; Philadelphia, Pennsylvania; and
Washington, D.C. In each case, firefighters went into dangerous
situations without the support they needed and they paid the ultimate
price.
The unfortunate reality is that our local communities have not been
able to maintain the level of staffing necessary to ensure the safety
of our firefighters or the public. Since 1970, the number of
firefighters as a percentage of the U.S. workforce has steadily
declined and the budget crises that our state and local governments are
enduring has made matters worse. Across the country today, firefighter
staffing is being cut and fire stations are even being closed because
of state and local budget shortfalls. All of this at a time when the
threats of terrorism are placing unprecedented demands on our fire
service.
According to a ``Needs Assessment Study'' recently released by the
U.S. Fire Administration, USFA, and the National Fire Protection
Association, NFPA, understaffing contributes to enormous problems. For
example, USFA and NFPA have found that only 11% of our Nation's fire
departments have the personnel and equipment they need to respond to a
building collapse involving 50 or more occupants. The USFA and NFPA
also found that there are routine problems that threaten the health and
safety of our first responders. In small and medium-sized cities,
firefighters are too often compelled to respond to emergencies without
sufficient manpower to protect those on the ground. More often than
not, firefighters in too many of our communities respond to fires with
fewer than the four firefighters per truck that is considered to be the
minimum to ensure firefighter safety.
The USFA/NFPA study also suggests that shortages of personnel prevent
many firefighters from taking time off to receive training and too few
departments can afford to hire dedicated training staff. As a result,
nearly three-quarters of all fire departments cannot comply with EPA
and OSHA regulations that require formal hazardous materials response
training for front-line firefighters.
The SAFER Act is a national commitment to hire the firefighters
necessary to protect the American people from the consequences of
terrorist attacks and from more ordinary, but often equally
devastating, events. This legislation will put 75,000 new firefighters
on America's streets over the next 7 years and will help provide
Americans with the level of protection they need and deserve.
As I have said before, just as we have called up the National Guard
to meet the increased need for more manpower in the military, we need
to make a national commitment to hire firefighters to protect the
American people here at home. In these difficult times, it is both
necessary and proper for us to send for reinforcements for our domestic
defenders. The SAFER Act will make that commitment.
In closing let me say that this legislation honors America's
firefighters. It acknowledges the men and women who charge up the
stairs while everybody else is running down them. But it does more than
that. This legislation is an investment in America's security, an
investment to ensure the safety of our firefighter as well as American
families and their homes and businesses.
Both the International Association of Firefighters and the
International Association of Fire Chiefs have expressed their strong
support for this legislation. I urge my colleagues to join those of us
who have introduced this measure today.
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. 544
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 ``Staffing for Adequate Fire
and Emergency Response Firefighters Act of 2003''.
SEC. 2. OFFICE OF GRANT MANAGEMENT.
The Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.) is amended by redesignating the second
section 33 and section 34 as sections 35 and 36,
respectively, and by inserting after the first section 33 the
following new section:
``SEC. 34. OFFICE OF GRANT MANAGEMENT.
``(a) Establishment.--A new office within the United States
Fire Administration shall be established to administer the
SAFER Firefighter grant program under this section.
``(b) Authority To Make Grants.--(1) The Administrator may
make grants directly to career, voluntary, and combination
fire departments of a State, in consultation with the chief
executive of the State, for the purpose of substantially
increasing the number of firefighters so that communities can
meet industry minimum standards to provide adequate
protection from acts of terrorism and hazards.
``(2)(A) Grants made under paragraph (1) shall be for 4
years and be used for programs to hire new, additional career
firefighters.
``(B) Grantees are required to commit to retaining for at
least 1 year beyond the termination of their grants those
career firefighters hired under paragraph (1).
``(3) In awarding grants under this section, the
Administrator may give preferential consideration, where
feasible, to applications for hiring and rehiring additional
career firefighters that involve a non-Federal contribution
exceeding the minimums under paragraph (5).
``(4) The Administrator may provide technical assistance to
States, units of local government, Indian tribal governments,
and to other public entities, in furtherance of the purposes
of this section.
``(5) The portion of the costs of a program, project, or
activity provided by a grant under paragraph (1) may not
exceed--
``(A) 90 percent in the first year of the grant;
``(B) 80 percent in the second year of the grant;
``(C) 50 percent in the third year of the grant; and
``(D) 30 percent in the fourth year of the grant,
unless the Administrator waives, wholly or in part, the
requirement under this paragraph of a non-Federal
contribution to the costs of a program, project, or activity.
``(6) The authority under paragraph (1) of this section to
make grants for the hiring of additional career firefighters
shall lapse at the conclusion of 10 years from the date of
enactment of this section. Prior to the expiration of this
grant authority, the Administrator shall submit a report to
Congress concerning the experience with and effects of such
grants. The report may include any recommendations the
Administrator may have for amendments to this section and
related provisions of law.
``(c) Applications.--(1) No grant may be made under this
section unless an application has been submitted to, and
approved by, the Administrator.
``(2) An application for a grant under this section shall
be submitted in such form, and contain such information, as
the Administrator may prescribe by regulation or guidelines.
``(3) In accordance with the regulations or guidelines
established by the Administrator, each application for a
grant under this section shall--
``(A) include a long-term strategy and detailed
implementation plan that reflects consultation with community
groups and appropriate private and public agencies and
reflects consideration of the statewide strategy;
``(B) explain the applicant's inability to address the need
without Federal assistance;
``(C) outline the initial and ongoing level of community
support for implementing the proposal including financial and
in-kind contributions or other tangible commitments;
``(D) specify plans for obtaining necessary support and
continuing the proposed program, project, or activity
following the conclusion of Federal support; and
``(E) provide assurances that the applicant will, to the
extent practicable, seek, recruit, and hire members of racial
and ethnic minority groups and women in order to increase
their ranks within firefighting.
``(4) Notwithstanding any other provision of this section,
in relation to applications under this section of units of
local government or fire districts having jurisdiction over
areas with populations of less than 50,000, the Administrator
may waive 1 or more of the requirements of paragraph (3) and
may otherwise make special provisions to facilitate the
expedited submission, processing, and approval of such
applications.
``(d) Limitation on Use of Funds.--(1) Funds made available
under this section to States or units of local government for
salaries and benefits to hire new, additional career
firefighters shall not be used to supplant State or local
funds, or, in the case of Indian tribal governments, funds
supplied by the Bureau of Indian Affairs, but shall be used
to increase the amount of funds that would, in the absence of
Federal funds received under this section, be made available
from State or local sources, or in the case of Indian tribal
governments, from funds supplied by the Bureau of Indian
Affairs.
``(2) Funds appropriated by the Congress for the activities
of any agency of an Indian tribal government or the Bureau of
Indian
[[Page S3196]]
Affairs performing firefighting functions on any Indian lands
may be used to provide the non-Federal share of the cost of
programs or projects funded under this section.
``(3)(A) Total funding provided under this section over 4
years for hiring a career firefighter may not exceed
$100,000, unless the Administrator grants a waiver from this
limitation.
``(B) The $100,000 cap shall be adjusted annually for
inflation beginning in fiscal year 2005.
``(e) Performance Evaluation.--(1) Each program, project,
or activity funded under this section shall contain a
monitoring component, developed pursuant to guidelines
established by the Administrator. The monitoring required by
this subsection shall include systematic identification and
collection of data about activities, accomplishments, and
programs throughout the life of the program, project, or
activity and presentation of such data in a usable form.
``(2) Selected grant recipients shall be evaluated on the
local level or as part of a national evaluation, pursuant to
guidelines established by the Administrator. Such evaluations
may include assessments of individual program
implementations. In selected jurisdictions that are able to
support outcome evaluations, the effectiveness of funded
programs, projects, and activities may be required.
``(3) The Administrator may require a grant recipient to
submit to the Administrator the results of the monitoring and
evaluations required under paragraphs (1) and (2) and such
other data and information as the Administrator considers
reasonably necessary.
``(f) Revocation or Suspension of Funding.--If the
Administrator determines, as a result of the activities under
subsection (e), or otherwise, that a grant recipient under
this section is not in substantial compliance with the terms
and requirements of an approved grant application submitted
under subsection (c), the Administrator may revoke or suspend
funding of that grant, in whole or in part.
``(g) Access to Documents.--(1) The Administrator shall
have access for the purpose of audit and examination to any
pertinent books, documents, papers, or records of a grant
recipient under this section and to the pertinent books,
documents, papers, or records of State and local governments,
persons, businesses, and other entities that are involved in
programs, projects, or activities for which assistance is
provided under this section.
``(2) Paragraph (1) shall apply with respect to audits and
examinations conducted by the Comptroller General of the
United States or by an authorized representative of the
Comptroller General.
``(h) Definitions.--In this section, the term--
``(1) `firefighter' has the meaning given the term
`employee in fire protection activities' under section 3(a)
of the Fair Labor Standards Act (29 U.S.C. 203(y)); and
``(2) `Indian tribe' means a tribe, band, pueblo, nation,
or other organized group or community of Indians, including
an Alaska Native village (as defined in or established under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)), that is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians.
``(i) Authorization of Appropriations.--
``There are authorized to be appropriated for the purposes
of carrying out this section--
``(1) $1,000,000,000 for fiscal year 2004;
``(2) $1,030,000,000 for fiscal year 2005;
``(3) $1,061,000,000 for fiscal year 2006;
``(4) $1,093,000,000 for fiscal year 2007;
``(5) $1,126,000,000 for fiscal year 2008;
``(6) $1,159,000,000 for fiscal year 2009; and
``(7) $1,194,000,000 for fiscal year 2010.''.
Mr. WARNER. Mr. President, I am pleased to be joining my colleague
Senator Dodd in the introduction of the Staffing for Adequate Fire and
Emergency Response Act. The SAFER Act establishes a new grant program
that will provide direct funding to fire and rescue departments though
the new Department of Homeland Security. This funding will help to
cover some of the costs associated with hiring and training new
firefighters.
Our Nation's fire departments must be able to hire the necessary
personnel in order to meet the ever increasing demands on local first
responders. Many Americans are not aware of the staffing shortages we
may face in our fire and rescue departments. The role of firefighter in
our communities is far greater than most realize. They are first to
respond to hazardous materials calls, chemicals emergencies, biohazard
incidents, and water rescues. These are dangers which our fire rescue
personnel deal with on a daily basis.
The National Fire Protection Association, a nonprofit organization
which develops and promotes scientifically based consensus codes and
guidelines, issued minimum staffing standards of at least four
firefighters per apparatus. Furthermore, local departments are expected
to comply with Federal Occupational Safety and Health Administration,
OSHA, standards, which require a minimum of two qualified firefighters
inside and two qualified firefighters outside of a structure fire or
similar incident. Except in cases of a known need for rescue, a fire
company with less than four personnel cannot enter that structure to
fight a fire or respond to an incident until additional firefighters
arrive on the scene, ready to go.
I am honored to be an original cosponsor of this important
legislation. I encourage my colleagues to support this measure not only
because of the firefighters role in our homeland security endeavors,
but also in recognition of the critical day-to-day services they
provide in our Nation's communities.
____________________