[Congressional Record Volume 149, Number 50 (Thursday, March 27, 2003)]
[Senate]
[Pages S4514-S4532]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. BINGAMAN (for himself, Mrs. Feinstein, Mr. Dayton, and Mr.
Leahy):
S. 725. A bill to amend the Transportation Equity Act for the 21st
Century to provide from the Highway Trust Fund additional funding for
Indian reservation roads, and for other purposes; to the Committee on
Indian Affairs.
Mr. BINGAMAN. Mr. President, I am very pleased today to introduce the
Tribal Transportation Program Improvement Act of 2003. The bill is
cosponsored by Senators Feinstein, Dayton, and Leahy.
The goal of this legislation is to help provide safe and efficient
transportation throughout Indian country. At the same time, this bill
will help promote economic development, self-determination, and
employment of Indians and Alaska Natives.
Roads that serve Indian Country are part of one single national
transportation network and Congress has long recognized the importance
of improving transportation in Indian Country. I believe the Federal
Government has an obligation to provide safe and efficient
transportation for all tribes. Indians pay the same Federal gasoline,
tire, and other taxes, as all other Americans and are entitled to the
same quality of transportation.
This bill is a 6-year reauthorization and improvement of the Indian
Reservation Roads program, which funds transportation programs for all
tribes. This year, Congress must reauthorize the IRR program, along
with all other transportation programs in TEA-21. I am introducing the
bill today as the first step in the reauthorization process.
The Indian Reservation Roads Program was established in 1928, and in
1946 the BIA and the FHWA executed the first memorandum of agreement
for joint administration of the program. Since 1982, funding for tribal
transportation programs has been provided from the federal Highway
Trust Fund. Major changes to the program were again made in 1998 as
part of TEA-21.
Today, the Indian Reservation Roads program serves more than 560
federally recognized Indian tribes and Alaskan native villages in 33
States. The IRR system comprises 25,700 miles of BIA and tribally owned
roads and another 25,600 miles of State, county, and local government
public roads. There are also 4,115 bridges on the IRR system, and one
ferryboat operation, the Inchelium-Gifford Ferry in Washington State.
Of the 25,700 miles of BIA and tribal roads on the IRR system, only
about one quarter are paved. Of the 25,600 miles of State, county, or
local government IRR roads, about 40 percent are paved. In total, over
two-thirds of all IRR roads remain unpaved. Many of these unpaved roads
are not passable in bad weather. In addition, about 140 of the 753
bridges owned by the BIA are currently rated as deficient.
Some of the roads on tribal lands resemble roads in third-world
countries. Some are little more than wheel tracks. Even though the IRR
system has perhaps the most rudimentary infrastructure of any
transportation network in the country, over 2 billion vehicle miles are
annually traveled on the system.
According to the Federal Highway Administration's most recent
assessment of the nation's highways, bridges, and transit, only 34
percent of paved IRR roads are rated in good condition, 37 percent are
rated only fair, and 29 percent are rated poor. Of course, these
ratings apply only to the paved roads on the IRR system, not the 33,000
miles of dirt and gravel roads.
The poor road quality also has a serious impact on highway safety.
According to FHWA, the highway fatality
[[Page S4515]]
rate on Indian Reservation Roads is four times above the national
average. Automobile accidents are the number one cause of death among
young American Indians.
Reflecting the current poor state of roads throughout Indian country,
FHWA now estimates the backlog of improvement needs for IRR roads at a
whopping $6.8 billion.
The current authorized funding level for IRR is $275 million from the
highway trust fund. As required in TEA-21, the BIA distributes highway
funding to federally recognized tribes each year using a relative need
formula. This formula reflects the cost to improve eligible roads, road
usage, and population of each tribe. Some modifications to the formula
are currently being made as part of a negotiated rule making.
I hope all Senators recognize the broad scope of the IRR program and
its impact on 33 of the 50 States. I'd like to read a list of the
fiscal year 2002 distribution of IRR funding in the States that have
tribal roads and ask unanimous consent that the table be printed in the
Record.
There being no objection, the table was ordered to be printed in the
Record, as follows:
Exhibit 1.--Approximate distribution of FY02 Indian Reservation Road
Funding
FY2002 IRR
State Funding to Tribes
Arizona......................................................56,100,000
Oklahoma.....................................................34,000,000
New Mexico...................................................31,900,000
Alaska.......................................................18,500,000
Montana......................................................13,600,000
South Dakota.................................................11,700,000
Washington...................................................10,100,000
Wisconsin.....................................................6,600,000
North Dakota..................................................6,500,000
Minnesota.....................................................5,780,000
California....................................................5,100,000
Oregon........................................................3,900,000
Utah..........................................................2,970,000
Idaho.........................................................2,850,000
Wyoming.......................................................2,070,000
Michigan......................................................1,560,000
Nevada........................................................1,290,000
North Carolina................................................1,190,000
Colorado......................................................1,100,000
New York........................................................949,000
Maine...........................................................890,000
Kansas..........................................................851,000
Mississippi.....................................................706,000
Nebraska........................................................626,000
Florida.........................................................550,000
Texas...........................................................220,000
Louisiana.......................................................197,000
Rhode Island....................................................162,000
Iowa............................................................126,000
Alabama.........................................................100,000
South Carolina...................................................89,000
Connecticut......................................................83,000
Massachusetts....................................................47,000
Source: BIA. Data are approximate because some reservations and roads
extend into more than one state.
I know every Senator is keenly aware of the importance of
transportation to the basic quality of life and economic development of
a region. Safe roads are essential for children to get to school, for
sick and elderly to receive basic health and medical treatment, and for
food and other necessities to move to shops and to consumers. Moreover,
transportation is critical to any community's efforts to sustain robust
economies and to attract new jobs and businesses.
Unfortunately, most tribes today lack the basic road systems that
most of us take for granted. Indian communities continue to lag behind
the rest of the Nation in quality of life and economic vitality.
Unemployment rates in Indian country frequently top 50 percent and
poverty rates often exceed 40 percent.
The limited availability of housing and jobs on the reservation
forces people to commute long distances everyday for work, school,
health care, basic government services, shopping, or even to obtain
drinking water.
I'd now like to take a moment to discuss the impact of the Indian
Reservation Roads Program on just one tribe, the Navajo Nation. I think
most Senators know that Navajo is the largest federally recognized
Indian tribe. The current membership is about 280,000 people. By
itself, Navajo lands hold about one quarter of the entire Indian
Reservation Roads program.
The Navajo Reservation covers 17.1 million acres in the States of
Arizona, New Mexico, and Utah. It is roughly the size of the State of
West Virginia. The reservation includes the three satellite communities
of Alamo, Ramah, and To'hajiilee in New Mexico.
According to BIA, the Navajo IRR system includes 9,800 miles of
public roads, or about 20 percent of all IRR roads. However, 78 percent
of the roads within Navajo are unpaved. Because of the nature of the
soil and terrain, many of the unpaved roads are impassable after snow
or rain. Navajo estimates a current backlog of road construction
projects totaling $2 billion.
The safety of bridges is also a continuing concern on the Navajo
reservation. Of the 173 bridges on Navajo, 51 are rated deficient. Of
the deficient bridges, 27 must be completely replaced and the rest need
major rehabilitation.
The Navajo Nation also operates a transit system with 14 buses and
three vans. The system carries 75,000 passengers each year. The system
serves both Navajo people as well as the nearby communities of Gallup,
Farmington, Flagstaff, and Winslow.
Finally, the few roads that are being built on the Navajo Reservation
are not being properly maintained. Funding for road maintenance is not
part of the IRR program. Instead road maintenance is funded each year
as part of the BIA's annual appropriation bill. Unfortunately, BIA's
budget lags woefully behind the need for road maintenance. Each year
the Navajo Region of BIA requests about $32 million to maintain about
6000 miles of roads, but receives only about $6 million, or about 20
percent of the funds needed just to maintain the existing roads.
The bill I am introducing today will begin to address this crushing
need for road construction and transit programs throughout Indian
Country. The bill will benefit all tribes, both large and small. I'd
like to briefly summarize the major provisions of the bill.
First, the bill increases funding for the Indian Reservation Roads
program to $2.775 billion for the six years from 2004 to 2009. Under
TEA-21, the IRR program is currently authorized for $275 million per
year. This level represents less than 1 percent of annual federal
funding for road construction and rehabilitation. However, the 50,000
miles of the IRR system represent about 5 percent of the Nation's
957,000 miles of Federal-aid highways. I do believe the substantial
increase in IRR funding in my bill is fully justified based on the very
poor condition of so many IRR roads as well as the importance of
transportation to economic development in Indian country.
Second, the bill removes the obligation limitation from the Indian
Reservation Roads program. This funding limitation was first applied to
the IRR program in 1998 in TEA-21, and over the six years of TEA-21 the
limitation will have cut about $31 million per year in much-needed
funding out of IRR. The reduction for 2003 is about $36 million. The
IRR was not subject to any obligation limitation from 1983 to 1997, and
my bill restores the program to the status it had before 1998.
Third, the bill restores the Indian Reservation Bridge Program with
separate funding of $90 million over six years. TEA-21 had eliminated
separate funding for the Indian reservation bridge program in 1998. In
addition, the bill streamlines the bridge program by expanding the
allowable uses of bridge funding to include planning, design,
engineering, construction, and inspection of Indian reservation road
bridges.
Fourth, the bill increases the current limit for tribal
transportation planning from 2 percent to 4 percent. These funds will
be used by tribes to compile important transportation data and to
forecast their future transportation needs and long-range plans. Many
of the tribes have indicated they currently don't have funding for
administrative capacity building, and the additional planning funds in
my bill would address this need.
Fifth, TEA-21 established a negotiated rule making for distribution
of funds based on the relative needs of each tribe for transportation.
To ensure the distribution is tied to actual needs, my bill requires
the Secretary of Transportation to verify the existence of all roads
that are part of the Indian reservation road system.
Sixth, the bill establishes a pilot program, in accordance with the
Indian Self-Determination and Education Act, P.L. 93-638, authorizing
12 tribes to contract directly with FHWA for IRR funding to improve
efficiency and streamline the administration of the program. The 12
tribes will be selected to ensure representation from each region of
the country.
Seventh, the bill establishes a new six-year, $120 million tribal
transportation safety program. Tribes may
[[Page S4516]]
apply directly to the Department of Transportation for grants to
improve transportation safety. The program parallels existing safety
programs for the states.
Eighth, I propose a new tribal transit program to provide direct
funding to tribes from the Federal Transit Administration. The new
program would parallel the existing Indian Reservation Roads program
funded through FHWA. In general, while States may allocate to tribal
areas some of their transit funding under the existing formula grant
programs for transit for elderly and disabled, section 5210, and for
non-urbanized areas, section 5311, they rarely do so. Because the
tribes are at a disadvantage in having to compete for funding within
the States, I believe we need a direct funding program to allow tribes
to provide better transit services to young people, elderly, and others
who lack access to private vehicles. The bill sets aside a very modest
level of funding of $120 million over six years for the new tribal
transit program.
Ninth, the bill states the sense of Congress that the BIA should have
sufficient funding to maintain all roads on the Indian Reservation
Roads system. Maintenance of IRR roads is a Federal responsibility and
adequate funding is needed to protect the Federal investment in
transportation infrastructure. Federal funding for road maintenance is
provided through the BIA's annual appropriations bill. Unfortunately,
year after year, the Appropriations Committees have failed to provide
adequate funding for maintenance. Funding for BIA's road maintenance
program has typically been around $25 million per year about one-fifth
of the level needed to protect the federal investment in IRR roads.
The IRR system doesn't just serve Indian communities, but also
visitors, including tourists, recreational, commercial and industrial
users of roads and transit throughout Indian country. For the tribes,
transportation is an important contributor to economic development,
self-determination, and employment for all Indian communities. This
bill represents a very modest, but important step toward providing
basic transportation services throughout Indian country.
The proposals in my bill are similar to many of the recommendations
of the National Congress of American Indians' TEA-21 Reauthorization
Task Force.
I well appreciate that tribes in different regions of the country may
have different views and proposals on how best to improve Indian
transportation programs. I see my bill as just the first step in a
yearlong process leading up to the reauthorization of TEA-21.
It is essential that we begin this process as soon as possible
because I believe the tribes are being shortchanged in annual federal
funding. I was disappointed this year when the appropriations committee
cut the funding for the IRR program in fiscal year 2003 to $238
million, about $40 million below the 2002 level. At the same time,
FY2003 highway funding for the states was increased slightly above the
2002 level. I believe this year's reduction in IRR funding may reflect
a lack of understanding on the part of many senators of the current
poor state of transportation in Indian Country.
To try to raise awareness, last year I circulated a ``dear
colleague'' letter to the Chair and Ranking Members of the
Transportation Appropriations Subcommittee to urge them to fund the IRR
program at the full $275 million authorized level. The bipartisan
letter, signed by eleven of my colleagues, laid out the case for full
funding of the tribal transportation program in 2003.
My goal in introducing the bill today is to start the process of
improving IRR as soon as possible. The tribes cannot bear another cut
in funding like occurred in 2003.
I hope that Chairman Campbell and Vice Chairman Inouye of the
Committee on Indian Affairs will soon hold hearings on the
reauthorization of the Indian Reservation Roads Program. I look forward
to working with them and the other members of the committee on
developing a consensus proposal that is fair to all tribes.
I ask unanimous consent that the text of the bill and the bipartisan
letter be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 725
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Transportation
Program Improvement Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
(A) Findings.--Congress finds that--
(1) because many Indian tribes are located in remote areas,
transportation is particularly important to the basic quality
of life and economic development of Indian tribes;
(2) safe roads are essential for--
(A) Indian children to travel to and from school;
(B) sick and elderly individuals to receive basic health
care and medical treatment; and
(C) food and other necessities to be delivered to shops and
consumers;
(3) transportation is critical to the efforts of Indian
tribes to--
(A) sustain robust economies; and
(B) attract new jobs and businesses;
(4) most Indian tribes lack the basic transportation
systems that other people in the United States take for
granted;
(5) Indian communities continue to lag behind the rest of
the United States in quality of life and economic vitality;
(6) unemployment rates in Indian country frequently exceed
50 percent, and poverty rates often exceed 40 percent;
(7) the limited availability of housing and jobs on Indian
reservations forces people to commute long distances each day
to travel to work or school, obtain health care, take
advantage of basic government services, go shopping, or even
obtain drinking water;
(8) the Indian reservation roads system established under
title 23, United States Code, comprises more than 50,000
miles of roads under the jurisdiction of the Bureau of Indian
Affairs and tribal, State, county, and local governments;
(9) more than \2/3\ of those roads are not paved, and many
resemble roads in third-world countries;
(10) as of the date of enactment of this Act, approximately
140 of the 753 bridges under the jurisdiction of the Bureau
of Indian Affairs are rated as being deficient;
(11) The Indian reservation roads system serves both
Indians and the general public and is part of a unified
national road network;
(12) even though the Indian reservation roads system is
perhaps the most rudimentary of any transportation network in
the United States, more than 2,000,000,000 vehicle miles are
traveled annually on the system;
(13) the poor quality of so many Indian reservation roads
has a serious impact on high safety;
(14) according to the Federal Highway Administration, the
highway fatality rate on Indian reservation roads is 4 times
the national average highway fatality rate on all roads;
(15) automobile accidents are the primary cause of death
for young Indian individuals; and
(16) the Federal Highway Administration estimates the
backlog of improvement needs for Indian reservation roads at
approximately $6,800,000,000.
(b) Purpose.--The purpose of this Act is to reauthorize,
expand, and streamline the Indian reservation roads program
to improve transportation safety and better meet the needs of
Indian individuals and other members of the traveling public.
SEC. 3. INDIAN RESERVATION ROADS.
(a) Authorization of Appropriations.--Section 1101(a)(8)(A)
of the Transportation Equity Act for the 21st Century (112
Stat. 112) is amended by striking ``of such title'' and all
that follows and inserting ``of that title--
``(i) $225,000,000 for fiscal year 1998;
``(ii) $275,000,000 for each of fiscal years 1999 through
2003;
``(iii) $350,000,000 for fiscal year 2004;
``(iv) $425,000,000 for fiscal year 2005; and
``(v) $500,000,000 for each of fiscal years 2006 through
2009.''.
(b) Obligation Ceiling.--Section 1102(c)(1) of the
Transportation Equity Act for the 21st Century (23 U.S.C. 104
note; 112 Stat. 116) is amended--
(1) by striking ``distribute obligation'' and inserting the
following: ``distribute--
``(A) obligation'';
(2) by inserting ``and'' after the semicolon at the end;
and
(3) by adding at the end the following:
``(B) for any fiscal year after fiscal year 2003, any
amount of obligation authority made available for Indian
reservation road bridges under section 202(d)(4), and for
Indian reservation roads under section 204, of title 23,
United States Code;''.
(c) Indian Reservation Road Bridges.--Section 202(d)(4) of
title 23, United States Code, is amended--
(1) in subparagraph (B)--
(A) by striking ``(B) Reservation.--Of the amounts'' and
all that follows through ``to replace,'' and inserting the
following:
``(B) Funding.--
``(i) Reservation of Funds.--Notwithstanding any other
provision of law, there is authorized to be appropriated from
the Highway Trust Fund $15,000,000 for each of fiscal years
2004 through 2009 to carry out planning, design, engineering,
construction, and inspection of projects to replace,''; and
[[Page S4517]]
(B) by adding at the end the following:
``(ii) Availability.--Funds made available to carry out
this subparagraph shall be available for obligation in the
same manner as if the funds were apportioned under chapter
1.''; and
(2) in subparagraph (D)--
(A) by striking ``(D) Approval requirement.--'' and
inserting the following:
``(D) Approval and need require-
ments.--''; and
(B) by striking ``only on approval of the plans,
specifications, and estimates by the Secretary.'' and
inserting ``only--
``(i) on approval by the Secretary of plans,
specifications, and estimates relating to the projects; and
``(ii) in amounts directly proportional to the actual need
of each Indian reservation, as determined by the Secretary
based on the number of deficient bridges on each reservation
and the projected cost of rehabilitation of those bridges.''.
(d) Fair and Equitable Distribution.--Section 202(d) of
title 23, United States Code, is amended by adding at the end
the following:
``(5) Fair and equitable distribution.--To ensure that the
distribution of funds to an Indian tribe under this
subsection is fair, equitable, and based on valid
transportation needs of the Indian tribe, the Secretary
shall--
``(A) verify the existence, as of the date of the
distribution, of all roads that are part of the Indian
reservation road system; and
``(B) distribute funds based only on those roads.''.
(e) Indian Reservation Road Planning.--Section 204(j) of
title 23, United States Code, is amended in the first
sentence by striking ``2 percent'' and inserting ``4
percent''.
SEC. 4. FEDERAL LANDS HIGHWAY PROGRAM DEMONSTRATION PROJECT.
Section 202(d)(3) of title 23, United States Code, is
amended by adding at the end the following:
``(C) Federal lands highway program demonstration
project.--
``(i) In general.--The Secretary shall establish a
demonstration project under which all funds made available
under this title for Indian reservation roads and for highway
bridges located on Indian reservation roads as provided for
in subparagraph (A) shall be made available, on the request
of an affected Indian tribal government, to the Indian tribal
government for use in carrying out, in accordance with the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.), contracts and agreements for the
planning, research, engineering, and construction described
in that subparagraph.
``(ii) Exclusion of agency participation.--In accordance
with subparagraph (B), all funds for Indian reservation roads
and for highway bridges located on Indian reservation roads
to which clause (i) applies shall be paid without regard to
the organizational level at which the Federal lands highway
program has previously carried out the programs, functions,
services, or activities involved.
``(iii) Selection of participating tribes.--
``(I) Participants.--
``(aa) In general.--For each fiscal year, the Secretary
shall select 12 geographically diverse Indian tribes from the
applicant pool described in subclause (II) to participate in
the demonstration project carried out under clause (i).
``(bb) Consortia.--Two or more Indian tribes that are
otherwise eligible to participate in a program or activity to
which this title applies may form a consortium to be
considered as a single tribe for the purpose of becoming part
of the applicant pool under subclause (II).
``(cc) Funding.--An Indian tribe participating in the pilot
program under this subparagraph shall receive funding in an
amount equal to the sum of the funding that the Indian tribe
would otherwise receive in accordance with the funding
formula established under the other provisions of this
subsection, and an additional percentage of that amount equal
to the percentage of funds withheld during the applicable
fiscal year for the road program management costs of the
Bureau of Indian Affairs under subsection (f)(1).
``(II) Applicant pool.--The applicant pool described in
this sub-clause shall consist of each Indian tribe (or
consortium) that--
``(aa) has successfully completed the planning phase
described in subclause (III);
``(bb) has requested participation in the demonstration
project under this subparagraph through the adoption of a
resolution or other official action by the tribal governing
body; and
``(cc) has demonstrated financial stability and financial
management capability in accordance with subclause (III)
during the 3-fiscal year period immediately preceding the
fiscal year for which participation under this subparagraph
is being requested.
``(III) Criteria for determining financial stability and
financial management capacity.--For the purpose of subclause
(II), evidence that, during the 3-year period referred to in
subclause (II)(cc), an Indian tribe had no uncorrected
significant and material audit exceptions in the required
annual audit of the Indian tribe's self-determination
contracts or self-governance funding agreements with any
Federal agency shall be conclusive evidence of the required
stability and capability.
``(IV) Planning phase.--
``(aa) In general.--An Indian tribe (or consortium)
requesting participation in the demonstration project under
this subparagraph shall include legal and budgetary research
and internal tribal government and organization preparation.
``(bb) Eligibility.--A tribe (or consortium) described in
item (aa) shall be eligible to receive a grant under this
subclause to plan and negotiate participation in a project
described in that item.''.
SEC. 5. TRIBAL TRANSPORTATION SAFETY PROGRAM.
(a) In General.--Chapter 4 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 412. TRIBAL TRANSPORTATION SAFETY PROGRAM
``(a) Definition of Indian Tribe.--In this section, 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).
``(b) Program.--
``(1) In general.--The Secretary shall carry out a program
to provide to eligible Indian tribes (as determined by the
Secretary) competitive grants for use in establishing tribal
transportation safety programs on--
``(A) Indian reservations; and
``(B) other land under the jurisdiction of an Indian tribe.
``(2) Use of funds.--Funds from a grant provided under
paragraph (1) may be used to carry out a project or
activity--
``(A) to prevent the operation of motor vehicles by
intoxicated individuals;
``(B) to promote increased seat belt use rates;
``(C) to eliminate hazardous locations on, or hazardous
sections or elements of--
``(i) a public road;
``(ii) a public surface transportation facility;
``(iii) a publicly-owned bicycle or pedestrian pathway or
trail; or
``(iv) a traffic calming measure;
``(D) to eliminate hazards relating to railway-highway
crossings; or
``(E) to increase transportation safety by any other means,
as determined by the Secretary.
``(c) Federal Share.--The federal share of the cost of
carrying out the program under this section shall be 100
percent.
``(d) Funding.--Notwithstanding any other provision of law,
there are authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
this section--
``(1) $10,000,000 for each of fiscal years 2004 and 2005;
``(2) $20,000,000 for each of fiscal years 2006 and 2007;
and
``(3) $30,000,000 for each of fiscal years 2008 and
2009.''.
(b) Conforming Amendment.--The analysis for chapter 4 of
title 23, United States Code, is amended by inserting after
the item relating to section 411 the following:
``412. Tribal Transportation Safety Program.''.
SEC. 6. INDIAN RESERVATION RURAL TRANSIT PROGRAM.
Section 5311 of title 49, United States Code, is amended by
adding at the end the following:
``(k) Indian Reservation Rural Transit Program.--
``(1) Definition of indian tribe.--In this subsection, the
term `Indian tribe' has the meaning given the term in section
4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).
``(2) Program.--
``(A) In general.--The Secretary of Transportation shall
establish and carry out a program to provide competitive
grants to Indian tribes to establish rural transit programs
on reservations or other land under the jurisdiction of the
Indian tribes.
``(B) Amount of grants.--The amount of a grant provided to
an Indian tribe under subparagraph (A) shall be based on the
need of the Indian tribe, as determined by the Secretary
of Transportation.
``(3) Funding.--Notwithstanding any other provision of law,
for each fiscal year, of the amount made available to carry
out this section under section 5338 for the fiscal year, the
Secretary of Transportation shall use $20,000,000 to carry
out this subsection.''.
SEC. 7. SENSE OF CONGRESS REGARDING INDIAN RESERVATION ROADS.
(a) Findings.--Congress finds that--
(1) the maintenance of roads on Indian reservations is a
responsibility of the Bureau of Indian Affairs;
(2) amounts made available by the Federal Government as of
the date of enactment of this Act for maintenance of roads on
Indian reservations under section 204(c) of title 23, United
States Code, comprise only 30 percent of the annual amount of
funding needed for maintenance of roads on Indian
reservations in the United States; and
(3) any amounts made available for construction of roads on
Indian reservations will be wasted if those roads are not
properly maintained.
(b) Sense of Congress.--It is the sense of Congress that
Congress should annually provide to the Bureau of Indian
Affairs such funding as is necessary to carry out all
maintenance of roads on Indian reservations in the United
States.
U.S. Senate,
Washington, DC, April 26, 2002.
Hon. Patty Murray,
Chairman, Senate Appropriations Subcommittee on
Transportation, Dirksen Senate Office Building,
Washington, DC.
Hon. Richard C. Shelby,
Ranking Member, Senate Appropriations Subcommittee on
Transportation, Hart Senate Office Building, Washington,
DC.
Dear Chairman Murray and Senator Shelby: We are writing to
ask you to provide
[[Page S4518]]
at least $275 million in funding in the Fiscal Year 2003
Transportation Appropriations bill for the Indian Reservation
Roads Program. This program plays a critical role in economic
development, self-determination, and employment of Native
Americans in 33 states, including Alaska Native Villages.
The IRR system comprises 52,738 miles of road. Half are BIA
and tribally owned roads and half are state, county and local
government roads. The system includes 4,152 bridges and also
one ferryboat. More than 2 billion vehicle miles are traveled
on the IRR system each year. Unfortunately, many of the roads
are among the worst in the nation. Over two-thirds of the
system is unimproved earth and gravel roads and about one-
quarter of the bridges are rated deficient.
The Federal Highway Administration described the state of
roads on reservations in its 1999 study of the nation's
highways and bridges: ``Some of the isolation (of Native
American communities) is perpetuated by a lack of
transportation facilities . . . Except for a few tribes with
oil and mineral resources, or recreational operations, nearly
all reservations are among the most economically depressed
areas of the country . . . Some tribal governments have been
successful in initiating economic development activities,
including small industries . . . These require a viable
Indian Reservation Roads (IRR) system.''
In 1998, Congress reauthorized the Indian Reservation Road
Program as part of Transportation Efficiency Act for the 21st
Century (TEA-21). Recognizing the huge backlog in basic
highway and transportation needs in Indian Country, the
authorized funding level was increased from $191 million per
year to $275 million. Last year the Transportation
Appropriations Act provided $279 million. We very much
appreciate your subcommittee's efforts in FY2002 to fund this
program at the higher level.
------ ------.
______
By Ms. STABENOW:
S. 726. A bill to treat the Tuesday next after the first Monday in
November as a legal public holiday for purposes of Federal employment,
and for other purposes; to the Committee on the Judiciary.
Ms. STABENOW. Mr. President, I rise today to introduce legislation
that would make Election Day a national holiday.
After the problems of the 2000 elections, a bipartisan Commission
headed by former Presidents Jimmy Carter and Gerald Ford was created to
recommend election reforms.
Among the reforms the commission recommended was making Election Day
a national holiday.
If you read the report, the advantage of making Election Day a
national holiday becomes obvious.
In a survey done by the U.S. Census shortly after the 2000 elections,
the number-one reason cited for not voting was because it conflicted
with work or classroom schedules. Declaring Election Day a national
holiday would make it easier for millions of busy Americans to get to
the polls.
But declaring Election Day a national holiday has other advantages as
well, according to the Commission's report. More public buildings,
especially schools, would be available as polling places. And more and
better trained poll workers would be available to staff polling places.
Businesses complain that a new Federal holiday will cost them money.
But this problem can be easily solved. Presently we celebrate Veterans
Day on Nov. 11. On even numbered years, we could simply celebrate
Veterans Day on the second Tuesday after the first Monday of November,
which Congress has designated as Election Day for Federal elections.
The Commission's report noted that both Presidents Ford and Carter
are veterans themselves and would not recommend any change that would
dilute the significance of Veterans Day.
Rather, our two former Presidents found it fitting to hold the
``supreme national exercise of our freedom on the day we honor those
who preserved it.''
This idea is also supported by civil rights, labor and other groups
trying to increase participation in our electoral process.
I think it is an idea whose time has come.
I ask unanimous consent that the text of this legislation be printed
in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 726
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 ``Democracy Day Act of 2003''.
SEC. 2. TREATMENT OF ELECTION DAY IN SAME MANNER AS OTHER
FEDERAL HOLIDAYS.
The Tuesday next after the first Monday in November in 2004
and in each even-numbered year thereafter shall be treated as
a legal public holiday for purposes of statutes relating to
pay and leave of Federal employees.
SEC. 3. STUDY BY COMPTROLLER GENERAL OF IMPACT ON VOTER
PARTICIPATION.
(a) In General.--The Comptroller General shall conduct a
study of the impact of section 2 on voter participation.
(b) Report.--Not later than May 1, 2009, the Comptroller
General shall submit a report to Congress and the President
on the results of the study conducted under subsection (a).
SEC. 4. SENSE OF CONGRESS REGARDING TREATMENT OF DAY BY
PRIVATE EMPLOYERS.
It is the sense of Congress that private employers in the
United States should provide their employees with flexibility
on the Tuesday next after the first Monday in November in
2004 and in each even-numbered year thereafter to enable the
employees to cast votes in the elections held on that day.
______
By Mr. BYRD (for himself, Mr. Rockefeller, Mr. Thomas, Mr. Burns,
Mr. Dorgan, Mr. Allard, Mr. Durbin, Mr. Voinovich, Mr. Bayh,
Mr. Enzi, Mr. Campbell, and Mr. Conrad):
S. 727. A bill to reauthorize a Department of Energy program to
develop and implement accelerated research, development, and
demonstration projects for advanced clean coal technologies for use in
coal-based electricity generating facilities, to amend the Internal
Revenue Code of 1986 to provide incentives for the use of those
technologies, and for other purposes; to the Committee on Finance.
Mr. BYRD. Mr. President, time after time, coal has been there for
this country. Coal has been and will continue to be an important part
of America--its history, its economy, and its people.
During World War I, when coal supplied the Nation's heat and powered
our battleships and industries, President Woodrow Wilson proclaimed
that the Nation's war effort ``rested on the shoulders of [the American
coal] miner.''
During World War II, when enemy conquests in Asia and Africa
threatened to stop the worldwide flow of oil, the American government
responded by initiating a federally sponsored synthetic fuels program
based on coal. Secretary of the Interior Harold Ickes acknowledged,
``We should not have waited until war was upon us to begin the
development of synthetic fuels.''
After the war, that program was dismantled. Far-sighted men warned of
the dangers of this decision. John L. Lewis, President of the United
Mine Workers, predicted a growing reliance upon foreign oil in the
post-war era would one day result in outrageous prices at the gas pump
and cars lined up for blocks to purchase gasoline.
Those of us old enough to remember the oil embargoes and energy
crises of the 1970s know how accurate that prediction was. Those oil
embargoes and energy crises prompted the Carter Administration to
establish a national synthetic fuels program largely based on coal as
the United States was labeled ``the Saudi Arabia of coal.''
However, the Reagan Administration all but eliminated the Department
of Energy's fossil fuels and renewable energy programs, and withdrew
support for the development of alternative energy technologies.
How short-sighted that was. I correct myself. It wasn't just short-
sighted, it was blind, and I said so at the time. In a speech on this
Senate floor, I warned that the Reagan administration's cutbacks in our
energy programs were ``leaving us dangerously vulnerable to foreign
transgressions.'' Historians like to point out that those who do not
remember the past are condemned to relive it. Why must we continue to
relive yesterday's mistakes? Can we not learn from the past?
Once again, concerns about our Nation's current and future energy
needs are on the minds of citizens across the country. Worrisome gas
prices, erratic fuel costs, electricity supply needs, energy efficiency
improvements, and U.S. dependence on foreign oil are major challenges
that we must tackle. To develop a bipartisan, national energy plan,
Congress must establish balanced energy policies that recognize the
need for both economic growth, energy security, and environmental
protection.
[[Page S4519]]
Coal will play a key role in that strategy.
It is paramount that we develop a comprehensive plan built on a
balanced portfolio of resources, technologies, and ideas. Such a plan
must look broadly across all sectors of the economy and set objectives
to meet these needs both today and down the road. And, as we look at
the needs of our economy and our future, we need to better understand
where to put critical and precious research and development resources
and how to best stimulate these technologies in the marketplace.
Undoubtedly, fossil fuels will continue to be a primary source for
meeting our energy needs into the coming decades. Coal, used in cleaner
and more efficient ways, will be a key component of that energy
strategy. Coal is this country's most abundant natural resource,
providing over half of the Nation's electricity and accounting for one
third of our Nation's total energy production.
Today, a bipartisan group of Members join me in introducing the
National Coal Research, Development, and Demonstration Act of 2003. I
very much appreciate the support of Senators Rockefeller, Thomas,
Burns, Dorgan, Allard, Durbin, Voinovich, Bayh, Enzi, Campbell, and
Conrad. We believe that this legislation will help to maintain our
Nation's fuel diversity by ensuring a key role for coal in our Nation's
energy future.
This initiative provides a roadmap to the future by authorizing $2
billion over that next ten years for a clean coal technology
demonstration program to help speed these technologies from the
laboratory to the marketplace. Our legislation aims to improve air
quality as well as the efficiency of the current fleet of coal-fired
power plants by providing targeted tax incentives for the installation
of these technologies at existing coal-fired facilities.
Additionally, this legislation will help meet the need for new
infrastructure by providing incentives to deploy a targeted number of
advanced clean coal technologies to prove their viability in the
marketplace now and in the future. Finally, it ensures that all
generators of coal can compete for these targeted tax incentives on an
equal basis. This initiative is an important component of a strategy to
achieve energy diversity and independence.
I have been around Congress for a very long time--more than 50 years.
Recently, I became the third longest serving Member of Congress. My
association with coal started early in my life and has continued
throughout my many years of service in Congress. Coal has always been
with me, it has been there fore us. Coal is abundant. Coal is
affordable. Coal is ours!
Clean coal research and development funding and tax incentive
legislation gained significant bipartisan and bicameral support during
the energy bill debates in the 107th Congress. This success was built
on the framework outlined, developed, and refined with my support in
past Congress.
There is a little verse that goes:
God and soldier all men adore,
in time of trouble and no more,
for when war is over, and all things righted,
God is neglected and the old soldier slighted.
In times of national struggle and adversity, in times of war, coal
has been there. But in times of calm, when the urgency subsides, so
does our national determination to establish and implement a
comprehensive energy strategy. To fail to incorporate a comprehensive
energy plan into our vision for the Nation's future would ultimately be
to America's detriment.
The development of clean coal technologies is essential to the
betterment of our Nation's economic, energy, environmental, and
security future. I urge my colleagues to support this legislation.
Mr. ROCKEFELLER. Mr. President, I am proud today to join with my
colleague from West Virginia, Senator Byrd, and Senators Thomas, Burns,
Durbin, Allard, Dorgan, Bayh, Voinovich, Enzi, Campbell, and Conrad, to
introduce the National Coal Research, Development and Demonstration Act
of 2003. This is a bill I will work very hard to see enacted, because I
believe both that the Nation's economy will grind to a halt without
coal, and because sustaining the indispensable role of the Nation's
most abundant energy source can only be accomplished by finding
environmentally sensitive ways of using it.
This legislation is the byproduct of more than 5 years of effort to
foster new scientific research and commercial application of clean coal
technologies. This has been a collaborative effort between members of
Congress from both sides of the aisle and both sides of the Hill
working together with the coal and utility industries, the Department
of Energy, the United Mine Workers, and academic and industrial
scientists. The legislation we introduce today is substantially similar
to legislation introduced in the 107th Congress, which formed the basis
of the coal tax and coal R&D provisions of the comprehensive energy
bill the Senate passed last year.
I have a particular interest in the clean coal tax provisions. I
aggressively argued for them in the Finance Committee, and I was
gratified by the willingness of then-Chairman Baucus and Ranking Member
Grassley to work with me to include meaningful coal tax incentives in
the bill this body passed by an overwhelming majority and sent to
conference with the House. As a tax conferee, I again pushed hard for
inclusion of the Senate-passed provisions, over the more expensive and
less-inclusive House provisions. Unfortunately, the energy conference
and the comprehensive energy legislation it was so close to producing
were allowed to die by some who thought this Congress would be a better
setting for consideration of a national energy policy.
The R&D provisions, and in fact the entire package we introduce here
today, have had no more fervent champion than my colleague, the senior
Senator from West Virginia, Senator Byrd. Indeed, Senator Byrd has been
a stalwart friend of coal far longer than the more than 5-year duration
of this effort on clean coal technologies. I would be remiss if I did
not commend Senator Byrd for his dedication and diligence in advocating
for clean coal. I cannot overstate the importance of coal to our state
of West Virginia. I am proud to join Senator Byrd in this effort to
improve the environmental performance of coal, and to affirm its
critical role in the economy of our State, and of the entire Nation.
When enacted, this legislation will foster crucial, collaborative,
and cutting edge scientific research by the Department of Energy and
its industry partners into technologies allowing increasingly cleaner
and more efficient use of our Nation's most abundant fossil fuel, coal,
as a fuel to produce electricity. At the same time, this bill will
create tax incentives to help coal-fired utilities defray the high cost
of installation of clean coal technologies on coal-fired power plants.
We have included incentives for clean coal technologies on both
existing power plants and those yet to be built. Clean coal
technologies used to repower existing plants will allow them to meet
our most stringent Clean Air Act standards for stationary source
emissions. Installations of these technologies on existing facilities
is important not only to protect the environment. Perhaps as
significant for our economy, sustaining energy production from these
reliable sources of electricity helps insulate consumers from the kind
of extraordinary price shocks we have seen recently in the natural gas
and petroleum markets.
New facilities designed and built with next generation, advanced
clean coal technologies will be cleaner and more reliable still. Energy
experts estimate that to meet our Nation's burgeoning demand for
electricity, we may see more than a thousand new electricity generating
plants built in the next 20 years. Modest incentives for installation
of advanced clean coal technologies will give utilities the ability to
choose cheap and abundant coal as a fuel source, and still produce air
emissions as clean or cleaner than those produced by natural gas
plants.
The two sections of this bill concentrate on different aspects of the
coal picture, and will be considered by different committees in the
Senate. Yet the programs and commercial development this bill will
engender will work hand in hand. The advanced clean coal research and
development funded by this bill, augmented by the data industry,
academic, and government scientists hope to gain from the performance
of the reconfigured existing
[[Page S4520]]
plants, will hasten the deployment of a fleet of near-zero emission
coal-fired plans in the coming decade or two.
I represent a State that produces a lot of coal, and uses a lot of
coal. Between 98 and 99 percent of the electricity in West Virginia is
generated with coal. This is higher than any other State in the Nation,
but West Virginia electricity consumers are by no means alone in their
dependence on coal. The United States is dependent on coal to a degree
that I am sure comes as a surprise to most people. Coal produces more
than half of the electricity used in this country. It is the primary
source of electricity in 32 States, accounting for at least 55 percent
of the electricity in 25 of these. Of the remaining 18 States, coal is
the second most prevalent source of electricity in six of them, and a
close third in two more. So, I thank my fellow cosponsors for their
work on this bill, but I say to my colleagues, this is not just
important to those of us whose States produce coal. Coal will continue
to be a vital economic resource for the entire country. Because of
this, and because the future health of our environment depends on good
decisions made today, I recommend this legislation to all of my
colleagues, and ask for their support in passing it.
______
By Mr. COLEMAN (for himself, Mr. Stevens, and Mr. Dayton):
S. 728. A bill to reimburse the airline industry for homeland
security costs, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
Mr. COLEMAN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 728
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AVIATION INSURANCE.
(a) Authority.--Section 44302(a)(1) of title 49, United
States Code, is amended by striking ``may'' and inserting
``shall''.
(b) Extension of Policies.--Section 44302(f)(1) of title
49, United States Code, is amended by striking ``August 31,
2003, and may extend through December 31, 2003,'' and
inserting ``December 31, 2007,''.
(c) Coverage.--Section 44303 of title 49, United States
Code, is amended--
(1) in subsection (a) by striking ``In general.--'' and
inserting ``In General.--''; and
(2) in subsection (b)--
(A) by striking ``during the period beginning on'' and
inserting ``on or after''; and
(B) by striking ``and ending on December 31, 2003,''.
(d) Termination Date.--Section 44310 of title 49, United
States Code, and the item relating to such section in the
analysis for chapter 443 are repealed.
SEC. 2. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING
AND RELATED ACTIVITIES.
The Secretary of Homeland Security shall reimburse air
carriers and airports for the following:
(1) All screening and related activities that the air
carriers or airports perform or are responsible for
performing, including--
(A) the screening of catering supplies;
(B) checking documents at security checkpoints;
(C) screening of passengers; and
(D) screening of persons with access to aircraft.
(2) The provision of space and facilities used to perform
screening functions and other space used by the
Transportation Security Administration.
SEC. 3. REIMBURSEMENT OF AIR CARRIERS FOR FORTIFYING COCKPIT
DOOR.
The Secretary of Homeland Security shall reimburse air
carriers for the cost of fortifying cockpit doors in
accordance with section 48301(b) of title 49, United States
Code.
SEC. 4. REIMBURSEMENT OF STATE AND LOCAL LAW ENFORCEMENT.
The Secretary of Homeland Security shall reimburse State
and local law enforcement and airport police for complying
with any directives to provide security for air carriers or
at airports.
SEC. 5. REIMBURSEMENT FOR AIR MARSHAL TRANSPORTATION.
Section 44917(a) of title 49, United States Code, is
amended by striking paragraphs (4) and (5), and inserting the
following:
``(4) shall require air carriers providing flights
described in paragraph (1) to provide seating for a Federal
air marshal on any such flight without regard to the
availability of seats on the flight at the lowest possible
airfare available for such flight at the time of booking;
``(5) may require air carriers to provide, on a space-
available basis, to an off-duty Federal air marshal a seat on
a flight to the airport nearest the marshal's home at the
lowest possible airfare available for such flight if the
marshal is traveling to that airport after completing his or
her security duties;''.
SEC. 6. MORATORIUM ON SECURITY SERVICE FEE.
Notwithstanding any other provision of law, the security
fees imposed under section 44940 of title 49, United States
Code, shall not apply for the 1-year period beginning on the
date of enactment of this Act and the costs of providing
civil aviation security services shall be reimbursed by the
Secretary of Homeland Security.
______
By Mr. COLEMAN (for himself and Mr. Chambliss):
S. 729. A bill to amend the Internal Revenue Code of 1986 to
establish a pilot program to encourage the use of medical savings
accounts by public employees of the State of Minnesota and political
jurisdictions thereof; to the Committee on Finance.
Mr. COLEMAN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 729
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 ``Minnesota MSA Empowerment
Act of 2003''.
SEC. 2. DEDUCTION FOR MINNESOTA PUBLIC EMPLOYEE MSA PILOT
PROGRAM.
(a) In General.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional
itemized deductions) is amended by redesignating section 223
as section 224 and by inserting after section 222 the
following new section:
``SEC. 223. MINNESOTA PUBLIC EMPLOYEE MSAS.
``(a) In General.--In the case of an eligible individual,
there shall be allowed as a deduction an amount equal to the
amount contributed during the taxable year by such individual
to the Minnesota public employee MSA of such individual.
``(b) Eligible Individual.--For purposes of this section,
the term `eligible individual' means an individual who--
``(1) is in receipt of retirement benefits for the taxable
year from a retirement plan associated with the State of
Minnesota or a political subdivision thereof, or
``(2) is an employee of the State of Minnesota or a
political subdivision thereof.
``(c) Minnesota Public Employee MSA.--
``(1) In general.--The term `Minnesota public employee MSA'
means an Archer MSA which is created or organized exclusively
for the purpose of playing the qualified medical expenses of
the eligible individual and--
``(A) which is designated as a Minnesota public employee
MSA, and
``(B) with respect to which no contribution may be made
other than a contribution made by the eligible individual or
the employer of the eligible individual.
``(2) Archer msa; qualified medical expenses.--For purposes
of this section, the terms `Archer MSA' and `qualified
medical expenses' shall have the respective meanings given to
such terms by section 220(d).
``(d) Special Rules.--In applying section 220 to a
Minnesota public employee MSA--
``(1) subsection (d)(1)(A)(ii) shall not apply, and
``(2) subsection (f)(3) shall be treated as including a
reference to this section.
``(e) Reports.--In the case of a Minnesota public employee
MSA, the report under section 220(h)--
``(1) shall include the fair market value of the assets in
such Minnesota public employee MSA as of the close of each
calendar year, and
``(2) shall be furnished to the account holder--
``(A) not later than January 31 of the calendar year
following the calendar year to which such reports relate, and
``(B) in such manner as the Secretary prescribes.
``(f) Coordination With Limitation on Number of Taxpayers
Having Archer MSAs.--Subsection (i) of section 220 shall not
apply to an individual with respect to a Minnesota public
employee MSA, and Minnesota public employee MSAs shall not be
taken into account in determining whether the numerical
limitations under section 220(j) are exceeded.''.
``(b) Deduction Allowed Whether or Not Taxpayer Itemizes.--
Subsection (a) of section 62 is amended by inserting after
paragraph (18) the following new item:
``(19) Minnesota public employee msas.--The deduction
allowed by section 223.''.
``(c) Tax on Excess Contributions.--Section 4973(d)(1) of
such Code (relating to excess contributions to Archer MSAs)
is amended by inserting ``or 223'' after ``220''.
``(d) Clerical Amendment.--The table of sections for part
VII of subchapter B of chapter 1 of such Code is amended by
striking the last item and inserting the following new items:
``Sec. 223. Minnesota public employee MSAs.
``Sec. 224. Cross reference.''.
``(e) Effective Date.--The amendments by this section shall
apply to taxable years beginning after December 31, 2003.
______
By Mr. BIDEN (for himself and Mr. Hatch):
S. 731. A bill to prohibit fraud and related activity in connection
with authentication features, and for other purposes; to the Committee
on the Judiciary.
[[Page S4521]]
Mr. BIDEN. Mr. President, I rise today, along with Senator Hatch, to
introduce the Secure Authentication Feature and Enhanced Identification
Defense Act of 2003, also known as the ``SAFE ID'' Act. My good friend,
the Senior Senator from Utah, is joining me on this important piece of
legislation.
Two of the terrorists who perpetrated the acts of 9/11 held false
identification documents, which they purchased from a broker of false
IDs. That broker was convicted, but sentenced merely to probation. The
judge and the prosecutor publicly lamented that the law did not subject
such a person to harsher penalties. These events focused new attention
on an existing, growing problem--the ease with which individuals and
organizations can forge and steal IDs and use them to harm our society.
These circumstances weaken our efforts in the fight against terrorism;
identity theft; underage drinking and drunk driving; driver's license,
passport and birth certificate fraud, among others. In the post-9/11
era, we must do more to prevent the creation of false, misleading or
inaccurate government IDs. This has become an issue of national
importance and therefore merits a national response.
In recent years, the ability of criminals to produce authentic-
looking fake IDs has grown immensely. Today, unfortunately, it is
becoming increasingly common for criminals to either steal or forge,
and traffic in, the very items that issuing authorities use to verify
the authenticity of their IDs. These ``authentication features'' are
the holograms, watermarks, and other symbols, letters and codes used in
identification documents to prove that they are authentic.
Unfortunately, today IDs carrying authentication features can be
purchased on the Internet or through mail order outfits. In addition,
breeder documents, such as birth certificates, are desk-top published,
with an illegitimate embossed or foil seal. Put another way, not only
do crooks forge identification documents, they also now illegally fake
or steal the very features issuing authorities use to fight that crime.
Under current law, it is not illegal to possess, traffic in, or use
false or misleading authentication features whose purpose is to create
fraudulent IDs. That is why I am today introducing the SAFE ID Act.
The SAFE ID Act would prohibit the fraudulent use of authentication
features in identity documents. Specifically, the SAFE ID Act adds
authentication features to the list of items covered by 10 U.S.C.
1028(a), an existing law prohibiting fraud and related activity in
connection with identification documents. In addition, the Act requires
forfeiture of any violative items, such as false authentication
features and relevant equipment.
It is rare that we have before us legislation that would effectively
address problems as disparate as homeland defense, identity theft and
underage drinking. The SAFE ID Act would do just that, by cutting the
legs out from under those who would misuse technology to mislead
government authorities.
I look forward to working with Senator Hatch, Chairman of the
Judiciary Committee, and my other colleagues, to secure consideration
and passage of this bill.
I ask unanimous consent that the text of this bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 731
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 ``Secure Authentication
Feature and Enhanced Identification Defense Act of 2003'' or
``SAFE ID Act''.
SEC. 2. FRAUD AND FALSE STATEMENTS.
(a) Offenses.--Section 1028(a) of title 18, United States
Code, is amended--
(1) in paragraph (1), by inserting ``, authentication
feature,'' after ``an identification document'';
(2) in paragraph (2)--
(A) by inserting ``, authentication feature,'' after ``an
identification document''; and
(B) by inserting ``or feature'' after ``such document'';
(3) in paragraph (3), by inserting ``, authentication
features,'' after ``possessor)'';
(4) in paragraph (4)--
(A) by inserting ``, authentication feature,'' after
``possessor)''; and
(B) by inserting ``or feature'' after ``such document'';
(5) in paragraph (5), by inserting ``or authentication
feature'' after ``implement'' each place that term appears;
(6) in paragraph (6)--
(A) by inserting ``or authentication feature'' before
``that is or appears'';
(B) by inserting ``or authentication feature'' before ``of
the United States'';
(C) by inserting ``or feature'' after ``such document'';
and
(D) by striking ``or'' at the end;
(7) in paragraph (7), by inserting ``or'' after the
semicolon; and
(8) by inserting after paragraph (7) the following:
``(8) knowingly traffics in false authentication features
for use in false identification documents, document-making
implements, or means of identification;''.
(b) Penalties.--Section 1028(b) of title 18, United States
Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by inserting ``, authentication feature,'' before ``or
false''; and
(ii) in clause (i), by inserting ``or authentication
feature'' after ``document''; and
(B) in subparagraph (B), by inserting ``, authentication
features,'' before ``or false''; and
(2) in paragraph (2)(A), by inserting ``, authentication
feature,'' before ``or a false''.
(c) Circumstances.--Section 1028(c)(1) of title 18, United
States Code, is amended by inserting ``, authentication
feature,'' before ``or false'' each place that term appears.
(d) Definitions.--Section 1028(d) of title 18, United
States Code, is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), and (8) as paragraphs (2), (3), (4), (7), (8), (9),
(10), and (11), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) the term `authentication feature' means any hologram,
watermark, certification, symbol, code, image, sequence of
numbers of letters, or other feature that either individually
or in combination with another feature is used by the issuing
authority on an identification document, document-making
implement, or means of identification to determine if the
document is counterfeit, altered, or otherwise falsified;'';
(3) in paragraph (4)(A), as redesignated, by inserting ``or
was issued under the authority of a governmental entity but
was subsequently altered for purposes of deceit'' after
``entity'';
(4) by inserting after paragraph (4), as redesignated, the
following:
``(5) the term `false authentication feature' means an
authentication feature that--
``(A) is genuine in origin, but, without the authorization
of the issuing authority, has been tampered with or altered
for purposes of deceit;
``(B) is genuine, but has been distributed, or is intended
for distribution, without the authorization of the issuing
authority and not in connection with a lawfully made
identification document, document-making implement, or means
of identification to which such authentication feature is
intended to be affixed or embedded by the respective issuing
authority; or
``(C) appears to be genuine, but is not;
``(6) the term `issuing authority'--
``(A) means any governmental entity or agency that is
authorized to issue identification documents, means of
identification, or authentication features; and
``(B) includes the United States Government, a State, a
political subdivision of a State, a foreign government, a
political subdivision of a foreign government, or an
international government or quasi-governmental
organization;'';
(5) in paragraph (10), as redesignated, by striking ``and''
at the end;
(6) in paragraph (11), as redesignated, by striking the
period at the end and inserting; and''; and
(7) by adding at the end the following:
``(12) the term `traffic' means--
``(A) to transport, transfer, or otherwise dispose of, to
another, as consideration for anything of value; or
``(B) to make or obtain control of with intent to so
transport, transfer, or otherwise dispose of.''.
(e) Additional Penalties.--Section 1028 of title 18, United
States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Forfeiture; Disposition.--In the circumstance in
which any person is convicted of a violation of subsection
(a), the court shall order, in addition to the penalty
prescribed, the forfeiture and destruction or other
disposition of all illicit authentication features,
identification documents, document-making implements, or
means of identification.''.
(f) Technical and Conforming Amendment.--Section 1028 of
title 18, United States Code, is amended in the heading by
inserting ``, AUTHENTICATION FEATURES,'' after ``DOCUMENTS''.
______
By Mr. BAUCUS (for himself, Mr. Hatch, Mr. Rockefeller, and Mr.
Jeffords):
S. 732. A bill to amend title XI of the Social Security Act to create
an independent and nonpartisan commission
[[Page S4522]]
to assess the health care needs of the uninsured and to monitor the
financial stability of the Nation's health care safety net; to the
Committee on Finance.
Mr. BAUCUS. Mr. President, it has been said that, ``Good health and
good sense are two of life's greatest blessings.'' Senators Hatch,
Rockefeller, Jeffords and I hope to further the cause of good health
and good sense today, through introduction of the Health Care Safety
Net Oversight Act of 2003.
Currently no entity oversees America's health care safety net. This
means that safety net providers--including public and teaching
hospitals, emergency departments, community health centers and rural
health clinics--are laboring on their own. They are like master
musicians performing without a conductor. Each is trying their hardest
and performing their part--but no one is coordinating their efforts.
This Act changes that, by creating the Safety Net Organizations and
Patient Advisory Commission--SNOPAC--an independent and nonpartisan
commission to monitor the health care safety net.
Safety net providers are often the last resort for patients unable to
afford the health care they need. For example, in my State of Montana,
we have eight community health centers, serving about 44,000 Montanans
per year. Without these health centers, many of these uninsured and
underinsured Montanans would have no place to turn.
According to a recent report, nearly 75 million Americans lacked
health insurance at some time in the past two years--amounting to
almost one-third of all Americans younger than 65. Of these 74.7
million individuals, about 30 percent had no coverage at some time in
2001 and 2002 while 65 percent had no coverage for at least six months.
And who are these people? In Montana, about 80 percent of uninsured
individuals are in working families. And self-employed workers--
including owners of small businesses--and their dependents account for
about one-fifth of the uninsured in our State. Montana has one of the
lowest rates of employer-sponsored insurance in the Nation, with about
46 percent of Montanans receiving health insurance through their
employers.
So what do we do about this problem? How do we ensure that all
Americans, irrespective of color, creed, gender, or geography, have
access to qualify health care?
About 10 years ago Congress and the Administration worked on the
problem of the uninsured. A tremendous amount of time and effort went
into the Health Security Act, on both sides of the issue. As we know,
passage of that bill failed. Since then, Congress has taken a more
incremental approach to the uninsured. Congress passed legislation in
1996 to ensure portability of health insurance. A year later, the CHIP
program was signed into law, bipartisan legislation to cover children
of working families. And last year, we worked together to provide
health coverage for workers who lost their jobs because of increased
international trade.
While these incremental steps have helped, we need to do more. Last
year I introduced bipartisan legislation to provide employers with tax
credits so they can offer their employees health insurance. And I am
hopeful that the Baucus-Smith, OR bill can be enacted into law.
But the fact remains, for most uninsured and underinsured Americans,
the safety net is still the only place to turn.
Yet, the safety net has been seriously damaged in recent years.
According to report a few years ago by the Institute of Medicine, the
health care safety net is ``intact but endangered.''
And according to a report I requested of the General Accounting
Office, issued today, emergency departments across the nation are
facing severe overcrowding problems, forced to send patients to other
hospitals. The GAO found that about two-thirds of hospitals reported
asking ambulances to be diverted to other hospitals at some point in
fiscal year 2001. And about 10 percent of hospitals reported being on
diversion status for more than 20 percent of the year.
September 11 taught us that we need to be ready. Our emergency
response systems must be prepared to manage an unexpected terrorist
attack. But based on the GAO's findings, it seems that we are far from
prepared. If emergency departments cannot care for all the patients
they are sent under current conditions, how can we expect them to
manage a terrorist attack of potentially catastrophic proportions?
We need an entity responsible for recommending changes to our safety
net, including our emergency departments. And though SNOPAC will not
solve the problems of America's uninsured, it will work to ensure that
safety net is not further frayed. An independent, non-partisan
commission, modeled on the Medicare Payment Advisory Commission
(MedPAC), SNOPAC will include professionals from across the policy and
practical spectrum of health care. And like MedPAC, SNOPAC will report
to the relevant committees of Congress on the status of its mission:
tracking the well-being of the health care safety net.
SNOPAC is not a panacea. But it is a positive step toward a
coordinated approach in caring for the uninsured. Absent large-scale
improvements in the number of insured Americans, we should at least
work to monitor and care for what we already have--an intact, but
endangered, health care safety net.
I urge all my colleagues to join me in this effort towards good
health and good sense.
______
By Ms. SNOWE:
S. 733. A bill to authorize appropriations for fiscal year 2004 for
the United States Coast Guard, and for other purposes; to the Committee
on Commerce, Science, and Transportation.
Ms. SNOWE. Mr. President, today I am pleased to introduce the Coast
Guard Authorization Act of 2003.
The Coast Guard serves as the guardian of our maritime homeland
security and provides many critical services for our Nation. Last year
alone, the Coast Guard responded to over 39,000 calls for assistance,
assisted $1.5 billion in property, and saved 3,653 lives. These brave
men and women risk their lives to defend our borders from drugs,
illegal immigrants, act of terror, and other national security threats.
In 2002, the Coast Guard seized 117,780 pounds of cocaine and 40,316
pounds of marijuana preventing them from reaching our streets and
playgrounds. They also stopped over 5,100 illegal migrants from
reaching our shores. They conducted patrols to protect our vital
fisheries stocks and they responded to over 12,000 pollution incidents.
In the wake of September 11, the men and women of the Coast Guard
have been working harder than ever in the service's largest peace-time
port security operation since World War II. This rapid escalation of
the Coast Guard's homeland security mission continues today. Last year
alone, the Coast Guard aggressively defended our homeland by conducting
more than 36,000 port security patrols, boarded over 10,000 vessels,
escorted over 6,000 vessels, and maintained more than 115 security
zones. While our new reality requires the Coast Guard to maintain a
robust homeland security posture, these new priorities must not
diminish the Coast Guard's focus on its traditional missions such as
marine safety, search and rescue, aids to navigation, fisheries law
enforcement, and marine environmental protection.
And recently we have asked even more of the Coast Guard. Last
November we passed the Homeland Security Act of 2002 which recently
transferred the Coast Guard from the Department of Transportation to
the new Department of Homeland Security. This historic law positions
the Coast Guard as a cornerstone of the new Department, but also
recognizes that the Coast Guard is responsible for many other missions
on which Americans depend.
First and foremost, it ensures that the Coast Guard will remain a
distinct entity and continue in its role as one of the five Armed
Services. The Coast Guard plays a unique role in our government, by
serving both an armed service as well as a law enforcement agency and
this must not be changed or altered. It also contains language which
maintains the primacy of the Coast Guard's diverse missions, prevents
the Secretary of this new department from making substantial or
significant changes to the Coast Guard's non-homeland security
missions, and prohibits the new department from
[[Page S4523]]
transferring any Coast Guard personnel or assets to another agency
except for personnel details and assignment that do not reduce the
Service's capability to perform its non-homeland security missions.
By introducing the Coast Guard Authorization bill today, I intend to
continue giving the Coast Guard my full support, and I hope my
colleagues will work with me to provide the Coast Guard with the
resources that it needs to carry out its many critically important
missions. Unfortunately Coast Guard's rapid operational escalation has
come on the backs of its 38,000 men and women who faithfully serve our
country. I believe we need to shift this burden off our people and
instead adequately provide the Coast Guard with the resources it needs.
The bill I introduce today authorizes funding and personnel levels
for the Coast Guard in Fiscal Year 2004. The bill authorizes funding
for FY 2004 at $6.7 billion. This represents a 9.4 percent increase
over the levels contained in last year's authorization bill and a 13
percent increase over the funds requested for Fiscal Year 2003. This
authorization will help restore the Coast Guard's non-homeland security
missions such as search and rescue, fisheries enforcement, and marine
environmental protection to near their pre-September 11, 2001 levels.
This bill also includes numerous measures which will improve the
Coast Guard's ability to recruit, reward, and retain high-quality
personnel. It addresses various Coast Guard personnel management and
quality of life issues such by providing eligible enlisted personnel
with a critical skills training bonus, amending the number and
distribution of commissioned officers to retain needed skill sets and
experiences, expanding the Coast Guard's housing authorities to ease
housing shortages, and including several measures that grant the Coast
Guard parity with the other Armed Services.
Another critical provision in the bill will enable us to better
oversee the historic and beautiful lighthouses that we have entrusted
to non-profit groups across the country. Over the years we have
transferred numerous lighthouses and we need to ensure that these
groups continue to be responsible stewards of these national treasures.
Unfortunately, we have recently learned of lighthouses which have been
allowed to deteriorate and one that was even offered for sale through a
real estate broker. This provision will ensure these national treasures
are protected and will allow the Secretary of Interior to monitor
future lighthouse conveyances and ensure that they meet all of the
conditions of the original transfers.
Finally, we must recognize that the United States Coast Guard is a
force conducting 21st century operations with 20th century technology.
To accomplish its many vital missions, the Coast Guard desperately
needs to recapitalize its offshore fleet of cutters and aircraft. The
Coast Guard operates the third oldest of the world's 39 similar naval
fleets with several cutters dating back to World War II. These
platforms are technologically obsolete, require excessive maintenance,
lack essential speed, and have poor interoperability which in turn
limit their overall mission effectiveness and efficiency. Unfortunately
they are reaching the end of their serviceable life just as the Coast
Guard needs them the most.
The Coast Guard is in the early stages of a major recapitalization
program for the ships and aircraft designed to operate more than 50
miles offshore. The Integrated Deepwater System acquisition program is
critical to the future viability of the Coast Guard. I wholeheartedly
support this initiative and the system-of-systems procurement strategy
the Coast Guard is utilizing. This bill authorizes full funding for
this critical long-term recapitalization program.
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. 733
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 ``Coast Guard Authorization
Act of 2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Title I--Authorization
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized Levels of military strength and training.
Title II--Coast Guard Personnel, Financial, and Property Management
Sec. 201. Enlisted member critical skill training bonus.
Sec. 202. Amend limits to the number and distribution of officers.
Sec. 203. Expansion of Coast Guard housing authorities.
Sec. 204. Property owned by auxiliary units and dedicated solely for
auxiliary use.
Sec. 205. Coast Guard auxiliary units as instrumentalities of the
United States for taxation purposes.
Title III--Law Enforcement, Marine Safety, and Environmental Protection
Sec. 301. Marking of underwater wrecks.
Sec. 302. Ports and waterways partnerships/cooperative ventures.
Sec. 303. Reports from charterers.
Sec. 304. Revision of temporary suspension criteria in suspension and
revocation cases.
Sec. 305. Revision of bases for suspension and revocation cases.
Sec. 306. Removal of mandatory revocation for proved drug convictions
in suspension and revocation cases.
Sec. 307. Records of merchant mariner's documents.
Sec. 308. Exemption of unmanned barges from certain citizenship
requirements.
Sec. 309. Increase in civil penalties for violations of certain bridge
statutes.
Sec. 310. Civil penalties for failure to comply with recreational
vessel and associated equipment safety standards.
Sec. 311. Oil spill liability trust fund; emergency fund.
Sec. 312. Law enforcement powers.
Sec. 313. Correction to definition of Federal law enforcement agencies
in the Enhanced Border Security and Visa Entry Reform Act
of 2002.
Title IV--Miscellaneous
Sec. 401. Conveyance of lighthouses.
Sec. 402. LORAN-C.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2004.
There are authorized to be appropriated for necessary
expenses of the Coast Guard for fiscal year 2004 the
following amounts:
(1) For the operation and maintenance of the Coast Guard,
$4,729,000,000, of which $25,000,000 shall be derived from
the Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment
related thereto, $775,000,000 to remain available until
expended, of which $20,000,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating
to improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $22,000,000, to remain available until
expended, of which $3,500,000 shall be derived from the Oil
Spill Liability Trust Fund.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,020,000,000,
to remain available until expended.
(5) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $17,000,000, to remain
available until expended.
(6) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program--
(A) $16,000,000, to remain available until expended; and
(B) $2,000,000, to remain available until expended, which
may be utilized for construction of a new Chelsea Street
Bridge over the Chelsea River in Boston, Massachusetts.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.
(a) End-of-year Strength for Fiscal Year 2004.--The Coast
Guard is authorized an end-of-year strength of active duty
personnel of 45,500 as of September 30, 2004.
(b) Training Student Loads for Fiscal Year 2004.--For
fiscal year 2004, the Coast Guard is authorized average
military training student loads as follows:
(1) For recruit and special training, 2,250 student years.
(2) For flight training, 125 student years.
[[Page S4524]]
(3) For professional training in military and civilian
institutions, 300 student years.
(4) For officer acquisition, 1,150 student years.
TITLE II--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT
SEC. 201. ENLISTED MEMBER CRITICAL SKILL TRAINING BONUS.
(a) In General.--Chapter 11 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 374. Critical skill training bonus
``(a) The Secretary may provide a bonus, not to exceed
$20,000, to enlisted members who complete training in a skill
designated as critical, provided at least four years of
obligated active service remain on the member's enlistment at
the time the training is completed. A bonus under this
section may be paid in a single lump sum or in periodic
installments.
``(b) If an enlisted member voluntarily or because of
misconduct does not complete his or her term of obligated
active service, the Secretary may require the member to repay
the United States, on a pro rata basis, all sums paid under
this section. The Secretary shall charge interest on the
reimbursed amount at a rate, to be determined quarterly,
equal to 150 percent of the average of the yields on the 91-
day Treasury bills auctioned during the preceding calendar
quarter.''.
(b) Conforming Amendment.--The chapter analysis for chapter
11 of title 14, United States Code, is amended by inserting
after the item relating to section 373 the following:
``374. Critical skill training bonus.''.
SEC. 202. AMEND LIMITS TO THE NUMBER OF COMMANDERS AND
LIEUTENANT COMMANDERS.
Section 42 of title 14, United States Code, is amended --
(1) by striking ``The'' in subsection (a) and inserting
``Except in time of war or national emergency declared by
Congress or the President, the'';
(2) by striking ``6,200.'' in subsection (a) and inserting
``7,100. In time of war or national emergency, the Secretary
shall establish the total number of commissioned officers,
excluding commissioned warrant officers, on active duty in
the Coast Guard.''; and
(3) by striking ``commander 12.0; lieutenant commander
18.0.'' in subsection (b) and inserting ``commander 15.0;
lieutenant commander 22.0.''.
SEC. 203. EXPANSION OF COAST GUARD HOUSING AUTHORITIES.
(a) Definitions.--Section 680 of title 14, United States
Code, is amended by adding at the end the following:
``(5) The term `eligible entity' means any private person,
corporation, firm, partnership, company, State or local
government, or housing authority of a State or local
government.''.
(b) Direct Loans and Loan Guarantees.--Section 682 of title
14, United States Code, is amended --
(1) by striking the section heading and inserting the
following:
``Sec. Direct loans and loan guarantees'' ;
(2) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively;
(3) by inserting before subsection (b), as redesignated,
the following:
``(a) Direct Loans.--
``(1) Subject to subsection (c), the Secretary may make
direct loans to an eligible entity in order to provide funds
to the eligible entity for the acquisition or construction of
housing units that the Secretary determines are suitable for
use as military family housing or as military unaccompanied
housing.
``(2) The Secretary shall establish such terms and
conditions with respect to loans made under this subsection
as the Secretary considers appropriate to protect the
interests of the United States, including the period and
frequency for repayment of such loans and the obligations of
the obligors on such loans upon default.'';
(4) by striking ``subsection (b),'' in subsection (b), as
redesignated, and inserting ``subsection (c),''; and
(5) by striking the subsection heading for subsection (c),
as redesignated, and inserting ``(c) Direct Loans and Loan
Guarantees.--''.
(c) Conforming Amendment.--The chapter analysis for chapter
17 of title 14, United States Code, is amended by striking
the item related to section 682 and inserting the following:
``682. Direct loans and loan guarantees.''.
SEC. 204. PROPERTY OWNED BY AUXILIARY UNITS AND DEDICATED
SOLELY FOR AUXILIARY USE.
Section 821 of title 14, United States Code, is amended by
adding at the end the following:
``(d) Subject to the approval of the Commandant:
``(1) The Coast Guard Auxiliary and each organizational
element and unit (whether or not incorporated), shall have
the power to acquire, own, hold, lease, encumber, mortgage,
transfer, and dispose of personal property for the purposes
set forth in section 822. Personal property owned by the
Auxiliary or an Auxiliary unit, or any element thereof,
whether or not incorporated, shall at all times be deemed to
be property of the United States for the purposes of the
statutes described in paragraphs (1) through (6) of
subsection (b) while such property is being used by or made
exclusively available to the Auxiliary as provided in section
822.
``(2) Personal property owned by the Auxiliary or an
Auxiliary unit or any element or unit thereof, shall not be
considered property of the United States for any other
purpose or under any other provision of law except as
provided in sections 821 through 832 and section 641 of this
title. The necessary expenses of operation, maintenance and
repair or replacement of such property may be reimbursed
using appropriated funds.
``(3) For purposes of this subsection, personal property
includes, but is not limited to, motor boats, yachts,
aircraft, radio stations, motorized vehicles, trailers, or
other equipment.''.
SEC. 205. COAST GUARD AUXILIARY UNITS AS INSTRUMENTALITIES OF
THE UNITED STATES FOR TAXATION PURPOSES.
Section 821(a) of title 14, United States Code, is amended
by inserting ``The Auxiliary and each organizational element
and unit shall be deemed to be instrumentalities and
political subdivisions of the United States for taxation
purposes and for those exemptions as provided under section
107 of title 4, United States Code.'' after the second
sentence.
TITLE III--LAW ENFORCEMENT, MARINE SAFETY, AND ENVIRONMENTAL PROTECTION
SEC. 301. MARKING OF UNDERWATER WRECKS.
Section 15 of the Act of March 3, 1899 (30 Stat. 1152; 33
U.S.C. 409) is amended --
(1) by striking ``day and a lighted lantern'' in the second
sentence inserting ``day and, unless otherwise granted a
waiver by the Commandant of the Coast Guard, a light''; and
(2) by adding at the end ``The Commandant of the Coast
Guard may waive the requirement to mark a wrecked vessel,
raft, or other craft with a light at night if the Commandant
determines that placing a light would be impractical and
granting such a waiver would not create an undue hazard to
navigation.''.
SEC. 302. PORTS AND WATERWAYS PARTNERSHIPS; COOPERATIVE
VENTURES.
Section 4 of the Ports and Waterways Safety Act (33 U.S.C.
1223), is amended--
(1) by striking ``and'' after the semicolon in subsection
(a)(4)(D);
(2) by striking ``environment.'' in subsection (a)(5) and
inserting ``environment;'';
(3) by adding at the end of subsection (a) the following:
``(6) may carry out the functions under paragraph (1) of
this subsection, at the Secretary's discretion and on such
terms and conditions as the Secretary deems appropriate,
either solely, or in cooperation with a public or private
agency, authority, association, institution, corporation,
organization or persons, except that a non-governmental
entity may not carry out an inherently governmental function;
and
``(7) may, for the purpose of carrying out the Secretary's
functions under paragraph (1) of this subsection, convey or
lease real property under the administrative control of the
Coast Guard to public or private agencies, authorities,
associations, institutions, corporations, organizations, or
persons for such consideration and upon such terms and
conditions as the Secretary considers appropriate, except
that the term of any such lease shall not exceed 20 years.'';
and
(4) by adding at the end the following:
``(e) Special Provisions Relating to Subsection (a)(6) and
(7).--
``(1) Definition of inherently governmental function.--For
purposes of subsection (a)(6), the term `inherently
governmental function' means any activity that is so
intimately related to the public interest as to mandate
performance by an officer or employee of the Federal
Government, including an activity that requires either the
exercise of discretion in applying the authority of the
Government or the use of judgment in making a decision for
the Government).
``(2) Disposition of proceeds from conveyances and
leases.--Amounts collected under subsection (a)(7) shall be
credited to a special fund in the Treasury and ascribed to
the Coast Guard. The amounts collected shall be available to
the Coast Guard's `Operating Expenses' account without
further appropriation and without fiscal year limitation, and
the amounts appropriated from the general fund for that
account shall be reduced by the amounts so collected.
``(3) Nonapplication of certain acts.--A conveyance or
lease of real property under subsection (a)(7) is not subject
to the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.), section 321 of the Act of June
30, 1932 (47 Stat. 412; 40 U.S.C. 303b), or the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11301 et
seq.).''.
SEC. 303. REPORTS FROM CHARTERERS.
Section 12120 of title 46, United States Code, is amended
by striking ``owners and masters'' and inserting ``owners,
masters, and charterers''.
SEC. 304. REVISION OF TEMPORARY SUSPENSION CRITERIA IN
SUSPENSION AND REVOCATION CASES.
Section 7702(d)(1) of title 46, United States Code, is
amended--
(1) by striking ``if, when acting under the authority of
that license, certificate, or document--'' and inserting
``if--'';
(2) by striking ``has'' in subparagraph (B)(i) and
inserting ``has, while acting under the authority of that
license, certificate, or document,'';
[[Page S4525]]
(3) by striking ``or'' at the end of subparagraph (B)(ii);
(4) by striking ``1982.'' in subparagraph (B)(iii) and
inserting ``1982; or''; and
(5) by adding at the end of subparagraph (B) the following:
``(iv) is a threat to the safety or security of a vessel or
a public or commercial structure located within or adjacent
to the marine environment.''.
SEC. 305. REVISION OF BASES FOR SUSPENSION & REVOCATION
CASES.
Section 7703 of title 46, United States Code, is amended--
(1) by striking ``incompetence'' in paragraph (1)(B);
(2) by striking ``or'' after the semicolon in paragraph
(2);
(3) by striking ``1982.'' in paragraph (3) and inserting
``1982;''; and
(4) by adding at the end the following:
``(4) has committed an act of incompetence; or
``(5) is a threat to the safety or security of a vessel or
a public or commercial structure located within or adjacent
to the marine environment.''.
SEC. 306. REMOVAL OF MANDATORY REVOCATION FOR PROVED DRUG
CONVICTIONS IN SUSPENSION & REVOCATION CASES.
Section 7704(b) of title 46, United States Code, is amended
by inserting ``suspended or'' after ``shall be''.
SEC. 307. RECORDS OF MERCHANT MARINERS' DOCUMENTS.
Section 7319 of title 46, United States Code, is amended by
striking the second sentence.
SEC. 308. EXEMPTION OF UNMANNED BARGES FROM CERTAIN
CITIZENSHIP REQUIREMENTS.
(a) Section 12110(d) of title 46, United States Code, is
amended by inserting ``or an unmanned barge operating outside
of the territorial waters of the United States,'' after
``recreational endorsement,''.
(b) Section 12122(b)(6) of title 46, United States Code, is
amended by inserting ``or an unmanned barge operating outside
of the territorial waters of the United States,'' after
``recreational endorsement,''.
SEC. 309. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF
CERTAIN BRIDGE STATUTES.
(a) Section 5(b) of the Bridge Act of 1906 (33 U.S.C. 495)
is amended by striking ``$1,000.'' and inserting
``$25,000.''.
(b) Section 5(c) of the Act entitled ``An Act making
appropriations for the construction, repair, and preservation
of certain public works on rivers and harbors, and for other
purposes'', approved August 18, 1894 (33 U.S.C. 499), is
amended by striking ``$1,000.'' and inserting ``$25,000.''.
(c) Section 18(c) of the Act entitled ``An Act making
appropriations for the construction, repair, and preservation
of certain public works on rivers and harbors, and for other
purposes'', enacted March 3, 1899 (33 U.S.C. 502) is amended
by striking ``$1,000.'' and inserting ``$25,000.''.
(d) Section 510(b) of the General Bridge Act of 1946 (33
U.S.C. 533) is amended by striking ``$1,000.'' and inserting
``25,000.''.
SEC. 310. CIVIL PENALTIES FOR FAILURE TO COMPLY WITH
RECREATIONAL VESSEL AND ASSOCIATED EQUIPMENT
SAFETY STANDARDS.
Section 4311 of title 46, United States Code, is amended--
(1) by striking the first sentence of subsection (b) and
inserting ``(1) A person violating section 4307(a) of this
title is liable to the United States Government for a civil
penalty of not more than $5,000, except that the maximum
civil penalty may be not more than $250,000 for a related
series of violations.'';
(2) by striking ``4307(a)(1),'' in the second sentence of
subsection (b) and inserting ``4307(a),'':
(3) by redesignating paragraphs (1) and (2) of subsection
(b) as subparagraphs (A) and (B), respectively;
(4) by adding at the end of subsection (b) the following:
``(2) Any person, including, a director, officer, or
executive employee of a corporation, who knowingly and
willfully violates section 4307(a) of this title, shall be
fined not more than $10,000, imprisoned for not more than one
year, or both.''; and
(5) by striking ``$1,000.'' in subsection (c) and inserting
``$5,000.''.
SEC. 311. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND.
Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C.
2752(b)) is amended by striking ``$50,000,000'' and inserting
``$150,000,000''.
SEC. 312. LAW ENFORCEMENT POWERS.
(a) In General.--Chapter 5 of title 14, United States Code,
is amended by inserting after section 95 the following:
``Sec. 95a. Law enforcement powers
``(a) In General.--Subject to guidelines approved by the
Secretary and the Attorney General, members of the Coast
Guard may, in the performance of official duties--
``(1) carry firearms;
``(2) make arrests without warrant for any offense against
the United States committed in their presence, or for any
felony cognizable under the laws of the United States if they
have reasonable grounds to believe that the person to be
arrested has committed or is committing such felony; and
``(3) seize property as provided by law.
``(b) Application With Other Authority.--The provisions of
this section are in addition to any powers conferred by law
upon such officers, and not in limitation of any powers
conferred by law upon such officers, or any other officers of
the United States.''.
(b) Conforming Amendment.--The chapter analysis for chapter
5 of title 14, United States Code, is amended by inserting
after the item relating to section 95 the following:
``95a. Law enforcement powers.''.
SEC. 313. CORRECTION TO DEFINITION OF FEDERAL LAW ENFORCEMENT
AGENCIES IN THE ENHANCED BORDER SECURITY AND
VISA ENTRY REFORM ACT OF 2002.
Paragraph (4) of section 2 of the Enhanced Border Security
and Visa Entry Reform Act of 2002, Pub.L. 107-173, is amended
by striking subparagraph (G) and inserting the following:
``(G) The United States Coast Guard.''.
TITLE IV--MISCELLANEOUS
SEC. 401. CONVEYANCE OF LIGHTHOUSES.
Section 308(c) of the National Historic Lighthouse
Preservation Act of 2000 (16 U.S.C. 470w-7(c)) is amended by
adding at the end the following:
``(4) Lighthouses originally conveyed under other
authority.--Upon receiving notice of an executed or intended
conveyance by sale, gift, or any other manner of a lighthouse
conveyed under authority other than this Act, the Secretary
shall review the executed or proposed conveyance to ensure
that any new owner will comply with any and all conditions of
the original conveyance. If the Secretary determines that the
new owner has not or is unable to comply with those
conditions the Secretary shall immediately invoke any
reversionary interest or take such other action as may be
necessary to protect the interests of the United States.''.
SEC. 402. LORAN-C.
There are authorized to be appropriated to the Department
of Transportation, in addition to funds authorized for the
Coast Guard for operation of the LORAN-C system, for capital
expenses related to LORAN-C navigation infrastructure,
$25,000,000 for fiscal year 2004. The Secretary of
Transportation may transfer from the Federal Aviation
Administration and other agencies of the Department funds
appropriated as authorized under this section in order to
reimburse the Coast Guard for related expenses.
Mr. KERRY. Mr. President, I rise today to discuss the merits of the
Coast Guard Authorization Act of 2003. This bill authorizes
appropriations for fiscal year 2004 for the Coast Guard and will be
introduced by my subcommittee chairman Senator Snowe today. I thank
Senator Snowe for her work on this legislation and her willingness to
work with me and others on the Commerce Committee to improve it.
The events of September 11 resulted in a new mandate for the Coast
Guard as port security and homeland defense missions rose to the
forefront of its responsibilities. Homeland Security officials realized
that our ports and sddcoastlines were vulnerable to terrorist attacks
and quickly charged the Coast Guard with additional missions to help
protect the homeland. Though I have no doubt that the Coast Guard will
continue to play a valuable role in our domestic security, as it
should, I have voiced my concern over the past year that traditional
missions have suffered as a result of these new security
responsibilities. Fishery patrols, drug and illegal immigrant
interdiction and Marine resources protection have in large measure
fallen by the wayside since September 11. We simply cannot allow this
to happen. We should provide the Coast Guard sufficient funding to meet
its new and traditional missions.
In light of this, I am pleased that the bill increases the Coast
Guard's budget by 10 percent, to $6.8 billion. This reflects a $500
million increase over last year's budget and is virtually identical to
what the President has requested. Of this amount, roughly $4.7 billion
is earmarked for operating expenses, an increase of $400 million over
fiscal year 2003. The bill also authorizes $775 million for
acquisition, construction and improvements, a $33 million increase over
fiscal year 2003.
Although I support these budget numbers, I have not co-sponsored the
bill because it does not include an authorization for the costs the
Coast Guard will incur complying with the Maritime Transportation
Security Act we passed last year. We know that the Coast Guard will
require addition funds to oversee and coordinate the port security
upgrades mandated by the law, and I feel strongly that a port security
provision needs to be added to the bill before it passes the Senate.
Considering that we are waging a war on terror, port security should be
part of any Coast Guard reauthorization bill. Senator Snowe has agreed
to work with me to draft additional language which would provide the
Coast Guard with adequate funding. I look forward to
[[Page S4526]]
drafting a comprehensive provision with my colleague to help the Coast
Guard improve port security.
The Coast Guard has unique missions not covered by any other Federal
agency. It is the only U.S. military service with domestic law
enforcement authority, and it has taken on many new homeland security
missions since September 11. As such, I am pleased that the bill
authorizes an active duty personnel level of 45,500. I've consistently
supported raising personnel levels because the agency is charged with
patrolling 95,000 miles of coastline, enforcing fish and marine
conservation laws, conducting search-and-rescue missions, drug and
illegal immigrant interdiction, along with its new homeland security
missions. This is an awesome responsibility for an agency that is
smaller than the New York City Police Department. Ultimately, as the
Coast Guard becomes more integrated into the Department of Homeland
Security, we may need to authorize higher personnel levels to ensure
that the agency can adequately meet all its missions.
I am also pleased that the bill includes a provision increasing
funding levels for the Oil Spill Liability Trust Fund. For the past 3
years, emergency fund expenditures have exceeded the $50 million annual
appropriation, reaching a projected high of over $100 million this
fiscal year. The fund has relied on carryovers from prior year balances
to augment the annual appropriation and meet the increased need. This
provision would increase the amount of the annual appropriation from
$50 million to $150 million, thus reducing reliance on carryovers from
prior year balances to augment the annual appropriation and meet the
increased need.
I will also be working with my colleagues to include several other
important provisions in this legislation as we move forward. For
example, because the Coast Guard is still below pre-9/11 levels for
fisheries enforcement, I will be seeking a provision that will require
the Coast Guard to better coordinate its fisheries enforcement efforts
with other Federal agencies, such as NOAA, and relevant State and local
agencies. Also, some measures ought to be taken to extend certain
provisions of the Oil Pollution Act to vessels that, due to their size,
still pose a significant risk to our environment in the event of an oil
spill.
Lastly, I would like to acknowledge the inclusion of a $25 million
authorization for the Loran-C radio navigation system, which is used by
fishermen and general aviation pilots as well as the Coast Guard. The
Loran system is very reliable, and I feel strongly that we should
continue to fund it as a secondary navigation system to the Global
Positioning System. Although GPS is certainly the most sophisticated
and modern tracking system now in operation, it is imperative that we
retain an alternative navigation system and not simply throw all of our
eggs in one basket. GPS signals can be jammed and are subject to
interference. The Loran-C provision has been in past Coast Guard
reauthorization bills and was fully appropriated by the Congress for
fiscal year 2003. It is important that we continue to support this
system.
I support the provisions in this bill and I look forward to improving
it as it moves through the legislative process.
______
By Mr. BOND (for himself and Mr. Johnson):
S. 735. A bill to amend the Internal Revenue Code of 1986 to clarify
the exemption from tax for small property and casualty insurance
companies; to the Committee on Finance.
Mr. BOND. Mr. President, I rise today to introduce a bill that
addresses an inequity facing an important segment of the small business
community. This legislation is simple and straight forward--it adjusts
the current tax exemption that has existed since 1942 for small
property and casualty, P&C, insurance companies so that it keeps pace
with inflation.
As the former Chairman and Ranking Member of the Committee on Small
Business and Entrepreneurship, I have heard from many small P&C
insurers in Missouri and across the Nation that they are having to
consider raising their premiums simply because the tax laws have not
kept pace with inflation. Under current law, mutual and stock P&C
insurance companies are exempt from Federal income taxes if the greater
of their direct or net written premiums in a taxable year do not exceed
$350,000.
For companies that grow above the $350,000 threshold, current law
permits electing P&C insurance companies to be taxed only on their
investment income, provided their premiums do not exceed $1.2 million.
Unfortunately, these thresholds, which were last updated in the Tax
Reform Act of 1986, have not been adjusted for inflation.
This situation has created an unintended outcome. Take, for instance,
a small P&C insurer in my State that started insuring the local farmers
in the late 1980s. Over the ensuing years, the company's client base
changed very little, but the insurance premiums increased gradually to
keep pace with inflationary pressures. As a result, while the business
itself has not grown, its premium base has and with it the loss of the
tax exemption (or the alternative tax on investment income).
For the farmers and ranchers covered by the small P&C insurer, this
loss is certain to mean higher insurance premiums, leaving the client
with the choice of cutting coverage or paying higher costs, neither of
which is a real option. And for our agricultural community over the
past few years, this choice is about the last thing they need.
The bill I introduce today would correct this problem by simply
adjusting the $350,000 and $1.2 million thresholds to bring them up to
the level they would have been this year if the 1986 tax code had
included an inflation adjustment. Accordingly, the tax exemption would
apply to P&C insurers with premiums that do not exceed $575,000, and
the alternative for taxation of investment income would apply to
companies with premiums above $575,000 but not more than $1,971,000.
The bill would apply for taxable years beginning in 2003 and would
index both thresholds for inflation thereafter.
According to the National Association of Mutual Insurance Companies,
this legislation will help at least 665 small P&C insurance companies
nationwide. In my State under current law, only 23 out of 86 small
insurance companies are currently tax-exempt. Under this proposed
legislation, at least 66 of the 86 small insurance companies will be
covered, thereby enabling them to continue providing critical insurance
coverage to small businesses across Missouri.
With this legislation, we have an opportunity to infuse some fairness
into our tax code and at the same time help the thousands of farmers,
ranchers, and entrepreneurs covered by small P&C insurers in this
country. I ask my colleagues to support this legislation, and I look
forward to working with the Finance Committee to see it enacted into
law.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 735
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 ``Small Insurance Company
Inflation Adjustment Act''.
SEC. 2. CLARIFICATION OF EXEMPTION FROM TAX FOR SMALL
PROPERTY AND CASUALTY INSURANCE COMPANIES.
(a) Premium Limitations Increased To Reflect Inflation
Since First Imposed.--
(1) Increased limitations for exemption from tax.--
(A) Subparagraph (A) of section 501(c)(15) of the Internal
Revenue Code of 1986 is amended by striking ``$350,000'' and
inserting ``$575,000''.
(B) Paragraph (15) of section 501(c) of such Code is
amended by adding at the end the following new subparagraph:
``(D) In the case of any taxable year beginning in a
calendar year after 2003, the $575,000 amount set forth in
subparagraph (A) shall be increased by an amount equal to--
``(i) $575,000, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2002' for `calendar year 1992' in subparagraph
(B) thereof.
If the amount as adjusted under the preceding sentence is not
a multiple of $1,000, such amount shall be rounded to the
next lowest multiple of $1,000.''.
(2) Increased limitations for alternative tax liability.--
(A) Clause (i) of section 831(b)(2)(A) of such Code is
amended to read as follows:
[[Page S4527]]
``(i) the net written premiums (or, if greater, direct
written premiums) for the taxable year exceed the amount
applicable under section 501(c)(15)(A) but do not exceed
$1,971,000, and ''.
(B) Paragraph (2) of section 831(b) of such Code is amended
by adding at the end the following new subparagraph:
``(C) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2003, the $1,971,000
amount set forth in subparagraph (A) shall be increased by an
amount equal to--
``(i) $1,971,000, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2002' for `calendar year 1992' in subparagraph
(B) thereof.
If the amount as adjusted under the preceding sentence is not
a multiple of $1,000, such amount shall be rounded to the
next lowest multiple of $1,000.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2002.
______
By Mr. ENSIGN (for himself, Mr. Allard, Ms. Cantwell, Mr. Dorgan,
Mr. Harkin, Mr. Levin, Mr. Lugar, Mr. Hagel, Mr. Lieberman, Mr.
Wyden, Mr. Reid, and Mr. Leahy):
S. 736. A bill to amend the Animal Welfare Act to strengthen
enforcement of provisions relating to animal fighting, and for other
purposes; to the Committee on Agriculture, Nutrition, and Forestry.
Mr. ENSIGN. Mr. President, I rise to introduce the Animal Fighting
Enforcement Prohibition Act. I would like to thank my colleagues for
their support in this endeavor to protect the welfare of animals. This
legislation targets the troubling, widespread, and sometimes
underground activities of dogfighting and cockfighting where dogs and
birds are bred and trained to fight to the death. This is done for the
sheer enjoyment and illegal wagering of the animals' handlers and
spectators.
These activities are reprehensible and despicable. Our States' laws
reflect this sentiment. All 50 States have prohibited dogfighting. It
is considered a felony in 46 states. Cockfighting is illegal in 47
States, and it is a felony in 26 States. In my home State of Nevada,
both dogfighting and cockfighting are considered felonies. In fact, it
is a felony to even attend a dogfighting or cockfighting match.
Unfortunately, in spite of public opposition to extreme animal
suffering, these animals fighting industries thrive. There are 11
underground dogfighting publications and several above-ground
cockfighting magazines. These magazines advertise and sell animals and
the materials associated with animal fighting. They also seek to
legitimize this shocking practice.
During the consideration of the Farm Bill last year, a provision was
included that closed loopholes in Section 26 of the Animal Welfare Act.
Both the House and the Senate increased the maximum jail time for
individuals who violate any provision of Section 26 of the Animal
Welfare Act from one year to two years, making any violation a federal
felony. However, during the conference, the jail-time increase was
removed.
The legislation that I am introducing today seeks to do three things.
First, it restores the jail-time increase to treat the violations as a
felony. I am informed by U.S. Attorneys that they are hesitant to
pursue animal fighting cases with merely a misdemeanor penalty. To
illustrate this, it is important to note that only three cases since
1976 have advanced, even though the USDA has received innumerable tips
from informants and requests to assist with State and local
prosecutions. Increased penalties will provide a greater incentive for
Federal authorities to pursue animal fighting cases.
Second, the bill prohibits the interstate shipment of cockfighting
implements, such as razor-sharp knives and gaffs. The specific knives
are commonly known as ``slashers.'' The slashers and ice-pick-like
gaffs are attached to the legs of birds to make the cockfighting more
violent and to induce bleeding of the animals. These weapons are used
only in cockfights. Since Congress has restricted shipment of birds for
fighting, it should also restrict implements designed specifically for
fights.
Finally, the bill updates language regarding the procedures that
enforcement agents follow when they seize the animals. This regards the
proper care and transportation of the animals that are seized. It also
states that the court may order the convicted person to pay for the
costs incurred in the housing, care, feeding, and treatment of the
animals.
This legislation is timely. Its need is emphasized with the recent
outbreaks of Exotic Newcastle disease among poultry in my home state of
Nevada. Exotic Newcastle disease is a deadly virus that spreads through
migratory birds, vehicles, people's shoes, even across great distances
through the air to attack birds of all types. It already has led to the
destruction of about three million chickens and other birds in Nevada,
California, and Arizona. It is widely suspected that illegal
cockfighting contributes to the continuing spread of this disease.
Agriculture interests in every state that houses the poultry industry
are at risk of destruction by the possible spread of this disease. One
of the ways to ensure greater protection against the spread of Exotic
Newcastle Disease is to enforce the ban on interstate shipments of
birds for the purpose of fighting. Our bill ensures that penalties are
in place that will guarantee the enforcement of this ban.
I appreciate the strong support of Senators Allard, Cantwell, Dorgan,
Hagel, Harkin, Leahy, Levin, Lieberman, Lugar, Reid, and Wyden in this
effort and look forward to the overwhelming support of my other
colleagues in the Senate. I also wish to recognize Representative
Robert Andrews for his leadership on a House version of this bill.
Surely, this is an issue that must be addressed as soon as possible. We
cannot allow this barbaric practice to continue in our civilized
society.
______
By Mrs. BOXER:
S. 738. A bill to designate certain public lands in Humboldt, Del
Norte, Mendocino, Lake, Napa, and Yolo Counties in the State of
California as wilderness, to designate certain segments of the Black
Butte River in Mendocino County, California as a wild or scenic river,
and for other purposes; to the Committee on Energy and Natural
Resources.
Mrs. BOXER. Mr. President, today I am introducing a bill that will
protect hundreds of thousands of acres of wilderness in Northern
California. The Northern California Coastal Wild Heritage Wilderness
Act would designate 295,410 acres in 14 areas as Federal wilderness and
would protect 24.4 miles of the Black Butte Creek.
California's natural treasures have always been one of the things
that make California unique, drawing millions of people to them over
the years to revel in their wild beauty. But that beauty must not be
taken for granted. That is why I introduced the California Wild
Heritage Act during the 107th Congress and will soon be reintroducing
it. It was the first statewide wilderness bill for California since
1984.
The California Wild Heritage Act would protect more than 2.5 million
acres of public land, as well as the free-flowing portions of 22
rivers. Every acre of wild land is a treasure, but the areas protected
in this bill are some of California's most precious.
I was thrilled that the 107th Congress passed legislation to
designate over 56,000 acres of my statewide bill, lands in the Los
Padres National Forest, as wilderness. It was a wonderful first step.
While I look forward to passage of the entire statewide bill, it is
important that we move now to designate these special places as
California wilderness areas.
That is why today I am pleased to be joining Representative Mike
Thompson of California in introducing legislation that contains the
portions of my bill in five counties in California's First
Congressional District. Let me mention a couple of examples. In
southwestern Humboldt and northwestern Mendocino counties, 41,100 acres
of the King Range will be protected as wilderness. This is the wildest
portion of the California coast, boasting the longest stretch of
undeveloped coastline in the United States outside of Alaska. This bill
also protects 24.4 miles of the Black Butte Creek as a wild and scenic
river. Black Butte Creek is so wild it is only crossed by one road for
its entire length.
This bill would also protect the precious plant and animal species
that make their homes in these areas. Endangered and threatened species
whose habitats will be protected by this bill
[[Page S4528]]
include the California brown pelican, steelhead trout, coho salmon,
bald eagle, peregrine falcon, northern spotted owl, and Roosevelt elk.
For every Californian, there is currently less than half an acre of
wilderness set aside. This is too little. During the last 20 years,
675,000 acres of unprotected wilderness--approximately the size of
Yosemite National Park--lost their wilderness character due to
activities such as logging and mining. As our population increases, and
California becomes home to almost 50 million people by the middle of
the century, these development pressures are going to skyrocket. If we
fail to act now, there simply will not be any wild lands or wild rivers
left to protect.
Those of us who live in the United States have a very special
responsibility to protect our natural heritage. Past generations have
done it. They have left us with the wonderful and amazing gifts of
Yosemite, Big Sur and Joshua Tree. These are places that Americans
cannot imagine living without. Now it is our turn to protect this
legacy for future generations--for our children's children, and their
children. This bill is a start.
______
By Mr. AKAKA (for himself, Mr. Domenici, Mr. Lieberman, Mr. Kyl,
Mr. Reid, Mr. Bayh, Mr. Inouye, and Mr. Bingaman):
S. 739. A bill to reauthorize and amend the Spark M. Matsunaga
Hydrogen Research, Development, and Demonstration Act of 1990, and for
other purposes; to the Committee on Energy and Natural Resources.
Mr. AKAKA. Mr. President, I am pleased to join Senator Domenici,
Chairman of the Senate Energy and Natural Resources Committee, and my
colleagues Senator Lieberman, Senator Kyl, Senator Reid, Senator Bayh,
and Senator Inouye, in introducing legislation that affirms the
priority and importance of hydrogen programs in Federal research and
development initiatives and charts a course of action toward the
``hydrogen economy.'' The legislation reauthorizes the hydrogen
programs in the Department of Energy and strengthens the Federal
interagency effort to promote hydrogen research and development
programs. It establishes a new program to demonstrate hydrogen
technologies and their integration with fuel cells at Federal, State,
and local government facilities.
Growing numbers of my colleagues in the Senate and in the House have
indicated their interest in and commitment to promoting a hydrogen
economy for the future. This commitment comes from a substantial legacy
in the House and the Senate. This bill carries the names of two former
Congressmen--the late George E. Brown, Jr., and Robert S. Walker--to
honor their formidable and dedicated advocacy of hydrogen as a fuel
source. In the Senate, my predecessor, Senator Spark Matsunaga, created
the first formal hydrogen research program in this country, designed to
accelerate development of a domestic capability to produce an
economically renewable energy source. He introduced legislation in 1982
and his perseverance led to the Matsunaga Hydrogen Act, enacted in 1990
shortly after his death. When I succeeded Spark in the Senate, I took
up the cause of hydrogen and continue to believe that it is one of our
best hopes for independence from fossil fuels.
The Hydrogen Future Act of 1996, which followed the Matsunaga
Hydrogen Act, expanded the research, development, and demonstration
program. It authorized activities leading to production, storage,
transformation, and use of hydrogen for industrial, residential,
transportation, and utility applications. It has enjoyed bipartisan
support in Congress.
More recently in the 107th Congress, I have worked closely with
Senator Harkin and my colleagues on the Energy Committee to reauthorize
the Hydrogen Future Act. We were able to include it in the Energy
Policy Act of 2002, the comprehensive energy policy bill considered by
the Senate during the spring of 2002. While the Senate and House were
unable to come to agreement on the omnibus bill itself, progress was
made on the research and development provisions, including hydrogen. I
am pleased that many of my colleagues have begun to recognize the
potential of hydrogen as a clean source of energy. I expect the numbers
will only increase.
You may well ask, ``Why do we need the Hydrogen Future Act of 2003
when we have the President's initiatives for hydrogen?'' Because we
need to reauthorize the underlying Federal framework for the direction
of and investment in hydrogen research and development. The
authorization for the program expired at the end of calendar year 2001.
While I share the President's enthusiasm for hydrogen, I believe we
must provide a robust legislative foundation for research and
development involving hydrogen--for fuel cells, for demonstration
projects at Government facilities, stationary and mobile projects, and
near- and short-term goals, as well as long-term goals. The Hydrogen
Future Act of 2003 reauthorizes and improves this strong foundation. I
like to call my bill a ``workhorse'' bill. It is not fancy, but we need
it and it gets the job done.
The bill highlights hydrogen's potential as an efficient and
environmentally friendly source of energy. It emphasizes the need for
strong partnerships between the Federal Government, industry, and
academia; and it underscores the importance of hydrogen research. The
bill also encourages private sector investment and cost sharing for the
development of hydrogen as an energy source. These basic steps will
move hydrogen closer to being a fuel we can rely on in many different
aspects of our lives.
In these days of soaring energy prices, oil cartels, air pollution,
global climate change and greenhouse gases, hydrogen is a dazzling
alternative. We can have a zero-pollution fuel. It can be produced
domestically, ending our dependence on foreign oil. The question is not
whether there will be a hydrogen age but when.
Hydrogen as a fuel can help us resolve our energy problems and
satisfy much of the world's energy needs. I am convinced that sometime
in the 21st century, hydrogen will join electricity as one of our
Nation's primary energy carriers, and hydrogen will ultimately be
produced from renewable sources.
In the next twenty years, increasing concerns about global climate
change and energy security will help bring about the penetration of
hydrogen in several niche markets. The growth of fuel cell technology
will allow the introduction of hydrogen in both the transportation and
electricity sectors. I realize that fossil fuels are and will continue
to be a significant long-term transitional resource as we move toward
renewables. I am optimistic, however, that in my lifetime I will be
able to see hospitals, homes, military bases and cars running on
locally-produced sources of hydrogen.
Clearly, this is a long-term vision for hydrogen energy as a
renewable resource. Progress on hydrogen technology is being made, and
challenges and barriers are being surmounted, at an accelerating pace
on a global scale. According to the Japanese Automobile Manufacturers
Association, Toyota and Honda will sell or lease fuel cell vehicles in
the U.S. and Japan this year. Ford Motor Company is now showing its new
hydrogen powered prototype, the Ford Model U. Fuel cells for
distributed stationary power are being commercialized and installed in
various locations in the United States and worldwide. General Motors
recently unveiled a stationary, hydrogen-powered generator that could
be used to provide energy for homes and businesses. Transit bus
demonstrations are underway in the U.S. and Europe. The Nation's
capital city, Washington, DC, is one of the cities participating in the
project.
We are all familiar with Iceland's far-sighted bid to become the
world's first hydrogen-based economy. It has already made great strides
in using renewable resources for its heating and electricity needs. The
Nation is committed to transforming its remaining fossil fuel-based
transportation sector, and its economically important fishing fleet, to
hydrogen power. Iceland will have no need to import oil. Now there is a
revolutionary thought!
Closer to home, I am particularly pleased that the State of Hawaii is
taking the lead in ushering in the hydrogen era. The State has
identified hydrogen-based renewable fuels, and the jobs it can create,
as a high priority, high-tech opportunity that can jump-start and
diversify our economy. The
[[Page S4529]]
cost of electricity and gasoline in Hawaii are important incentives for
finding cheaper, home-grown power. The Hawaii Natural Energy Institute
of the University of Hawaii concluded that large-scale hydrogen use for
transportation can be competitive this decade.
I am particularly pleased with the public-private partnership between
the University of Hawaii's Natural Energy Institute, the Naval Research
Laboratory, United Technologies Fuel Cells, and Hawaiian Electric
Company. In January 2002, the Institute announced a partnership with
the Department of Defense to establish a hydrogen fuel cell test
facility in Honolulu. The facility will house up to eight state-of-the
art fuel cell test stands and related operations supporting fuel cell
development. The Institute has made Hawaii a leader in the development
and testing of advanced fuel cell systems and fuels processing.
In California, the State's zero emissions vehicle requirements favor
early introduction of hydrogen-powered vehicles. The city of Richmond,
CA, opened the area's first hydrogen fueling station in October, 2002.
The hydrogen fueling station looks like a gasoline pump, and can supply
the daily fueling needs of a small fleet of vehicles at a fueling rate
of one to two minutes per vehicle. These are important initiatives and
illustrate the value of public-private partnerships along the pathway
to a different energy source that requires an entirely different
infrastructure.
Despite the progress, problems and challenges remain. First, hydrogen
production costs from fossil and renewable energy sources remain high.
Second, attractive low-cost storage technologies are not available.
Third, the infrastructure is inadequate. We need to address these
challenges and barriers if we are to enjoy the benefits of an efficient
and environmentally friendly energy sources.
An aggressive research and development program can help us overcome
these challenges by reducing production costs from fossil and renewable
sources, advancing storage technologies, and addressing safety concerns
with efforts in establishing codes and standards. Our Nation needs a
sustained and focused research, development, and demonstration program
to make hydrogen a viable source of energy.
The strategy should focus on mid-term and long-term goals. We must
support development of technologies that enable distributed electric-
generation fuel cell systems and hydrogen fuel cell vehicles for
transportation applications. For the long term, we should look to
hydrogen technologies that enhance renewable systems and offer us the
promise of clean, abundant fuels.
The current Hydrogen Program, administered by the Department of
Energy, supports a broad range of research and development projects in
the areas of hydrogen production, storage, and use in a safe and cost-
effective manner. Some of these new technologies may become available
for wider use in the next few years. The most promising include
advanced natural gas- and biomass-based hydrogen production
technologies, high pressure gaseous and cryogas storage systems, and
reversible Proton Exchange Membrane, PEM, fuel cell systems. Other
projects lay the groundwork for long range opportunities. These
activities need continued support if the Nation is to enjoy the
benefits of a clean energy source.
The Hydrogen Program utilizes the talents of our national
laboratories and our universities. The Lawrence Livermore, Los Alamos,
Sandia, and Oak Ridge National Laboratories, as well as Jet Propulsion
Laboratory and National Renewable Energy Laboratory, are involved in
the program. The DOE Field Office at Golden, Colorado, and Nevada
Operations Office in Nevada are also involved. University-led centers-
of-excellence have been established at the University of Miami and the
University of Hawaii. U.S. participation in the International Energy
Agency contributes to the advancement of DOE hydrogen research through
international cooperation. The program has also built strong links with
the industry. This has resulted in strong industry participation and
cost sharing. Cooperation between government, industry, universities,
and the national laboratories is key to the successful development and
commercialization of new and environmentally friendly energy
technologies.
Today we are introducing legislation that reauthorizes and expands
the Hydrogen Future Act of 1996. It highlights the need for a strong
partnership between the Federal government, industry, and academia, and
the importance of continued support for hydrogen research. It fosters
collaboration between Federal agencies, state and local governments,
universities, and industry, and modifies the current cost-sharing
requirements to enable more participation in research projects by small
companies. It adds provisions for the demonstration of hydrogen
technologies at government facilities to expedite wider application of
these technologies. The bill includes language to encourage
international activities where appropriate in the DOE programs, both
because of the need to develop world markets for our products and to
encourage international development on a sustainable path. The
legislation clarifies the composition of the Hydrogen Technical
Advisory Panel that oversees the program for DOE and enhances inter-
agency and inter-governmental cooperation in the hydrogen program.
The legislation we are introducing today authorizes $300 million over
the next five years for research and development for hydrogen
production, storage and use. This will allow advancement of
technologies such as smaller-scale production systems that are
applicable to distributed-generation and vehicle applications, advanced
pressure vessels, photobiological and photocatalytic production of
hydrogen, and carbon nanotubes, graphite nanofibers, and fullerenes.
The bill also authorizes $135 million for conducting integrated
demonstrations of hydrogen technologies at governmental facilities.
This provision will help secure industry participation through
competitive solicitations for technology development and testing. It
will test the viability of hydrogen production, storage, and use, and
lead to the development of hydrogen-based operating experience
acceptable to meet safety codes and standards.
By supporting this bill, we will be ushering in a new era of non-
polluting energy. I urge my colleagues to support this important
legislation.
______
By Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Bunning, Mr.
Hollings, Mr. Dayton, Ms. Landrieu, Ms. Stabenow, Mr.
Lautenberg, and Mr. Graham of South Carolina):
S. 740. A bill to amend title XVII of the Social Security Act to
improve patient access to, and utilization of, the colorectal cancer
screening benefit under the medicare program; to the Committee on
Finance.
Mr. LIEBERMAN. Mr. President, I rise to introduce the ``Colon Cancer
Screen for Life Act of 2003.'' I am pleased that my colleagues Senators
Collins, Bunning, Dayton, Hollings, and Landrieu have joined me in
introducing this very important bill.
As many of my colleagues know from personal experience, colon cancer
is a devastating disease, taking the lives of 57,000 Americans each
year. It is the fourth most commonly diagnosed cancer in both men and
women and the second most common cause of cancer-related death in the
nation. Close to 150,000 new cases are diagnosed each year.
But colon cancer can be combated, controlled, and potentially
conquered if it's caught in the earliest stages. In fact, colon cancer
is a rare form of cancer in that it can even be prevented through
screening--if pre-cancerous polyps are quickly identified and removed.
The survival rate when colon cancer is detected at an early,
localized stage is 90 percent. But only 37 percent of such cancers are
discovered at that stage. The later the disease is caught, the lower
the survival rate.
That's why, in 1997, Congress led the fight against colon cancer by
making screening for the disease a covered benefit for every Medicare
recipient. That is especially significant because the risk of colon
cancer rises with age.
Heightened awareness and greater access to treatment are working.
Over the last 15 years, we've seen steady, if slow, annual declines in
both incidence rates and mortality rates tied to colon cancer.
[[Page S4530]]
But we can do more, because barriers to screening still exist. Since
the preventive benefits were enacted in 1997, there has been only a one
percent increase in utilization by Medicare beneficiaries of either a
screening or diagnostic colonoscopy. The Centers for Disease Control
reports that screening for colon cancer lags far behind screening for
other cancers.
We must do better and we can.
Modern technology has blessed us with extremely accurate screening
tools, in particular the colonoscopy--which results in higher colon
cancer identification rates and better long-term survival rates. A
consultation with a doctor before a colonoscopy is required to ensure
that patients are properly prepared before they undergo the procedure.
Unfortunately, Medicare does not pay for that consultation before a
screening, creating an obvious obstacle to preventive treatment for
many men and women. The Colon Cancer ``Screen for Life'' Act would
cover these medical visits so that more Medicare beneficiaries will
have easy access to screening.
Further, with this legislation, just as Congress has done for
screening mammography, screening colonoscopy will not count toward a
senior's Medicare deductible. This will remove additional financial
disincentives to screening.
Finally, with this bill, we're breaking through another big barrier
to early detection and treatment.
The medical reality is that colonoscopy procedures are invasive and
require sedation to perform--making it safer for them to be conducted
in a hospital setting, where safety standards and emergency procedures
are in place, rather than in a private doctor's office. But when
doctors perform colonoscopies for Medicare patients in a hospital, they
take a hit on cost--because reimbursement for the procedure performed
there has decreased by nearly 36 percent since 1997.
As a result, to balance their budgets, doctors and hospitals may
choose to space out their Medicare patients, creating long waits for
and limited access to these vital screenings.
The job of medical services should be cutting cancer, not cutting
costs. Unfortunately, today something as critical as colon cancer
screening is moderated not by the real needs of patients and their
medical doctors, but by market forces and market forces alone.
To address the problem, the ``Screen for Life'' Act would increase
the payment rates for colonoscopies performed in hospital facilities by
30 percent. The result will be more access to early detection and
treatment and thousands of lives saved.
Colon cancer is a formidable foe, but we can make a difference in the
fight against it. Early detection and treatment is our first line of
defense.
With the help of the Colon Cancer ``Screen for Life'' Act, I hope
that in a decade we'll have fewer cancer cases to contend with and more
survivors to celebrate the simple fact that screening saves lives.
______
By Mr. SESSIONS (for himself, Mr. Bingaman, Mr. Gregg, Mr.
Miller, Mr. Allard, Mrs. Lincoln, Mr. Ensign, Ms. Collins, Mr.
Crapo, Mr. Craig, and Mr. Harkin):
S. 741. A bill to amend the Federal Food, Drug, and Cosmetic Act with
regard to new animal drugs, and for other purposes; to the Committee on
Health, Education, Labor, and Pensions.
Mr. SESSIONS. Mr. President, I rise today in order to bring attention
to a problem that unfortunately goes largely unnoticed except by those
who are directly affected. Livestock and food animal producers, pet
owners, zoo and wildlife biologists, and animals themselves face a
severe shortage of approved animal drugs for use in minor species.
Minor species include thousands of animal species, including all
fish, most birds, and sheep. By definition, minor species are any
animals other than the major species--cattle, horses, chickens,
turkeys, dogs, and cats. A similar shortage of drugs and medicines for
major animal species exists for diseases that occur infrequently or
which occur in limited geographic areas. Due to the lack of
availabiliity for these minor use drugs, millions of animals go
untreated or treatment is delayed. Unnecessary animal physical and
human emotional suffering results, and human health may be threatened
as well.
Without access to these necessary minor use drugs, farmers and
ranchers also suffer. An unhealthy animal that is left untreated can
spread disease throughout an entire stock of its fellow specie. This
causes severe economic hardship to struggling ranchers and farmers. For
example, sheep ranchers lost nearly $42 million worth of livestock
alone in 2002. The sheep industry estimates that if it had access to
effective and necessary drugs to treat diseases, growers' reproduction
costs for their animals would be cut by up to 15 percent. In addition,
feedlot deaths would be reduced by 1 to 2 percent, adding approximately
$8 million of revenue to the industry.
Alabama's catfish industry ranks second in the Nation. Though it is
not the State's only aquacultural commodity, catfish is by far its
largest. The catfish industry generates enormous economic opportunity
in the State, particularly in West Alabama, one of the poorest regions
in the State.
The catfish industry estimates its losses at $60 million per year
attributable to diseases for which drugs are not available. Indeed, it
is not uncommon for a catfish producer to lose half his stock due to
disease. The U.S. aquaculture industry overall, including food fish and
ornamental fish, produces and raises over 800 different species.
Unfortunately, this industry has only 6 drugs approved and available
for use in treating aquaculture animal diseases. This results in
tremendous economic hardship and animal suffering.
Because of limited market opportunity, low profit margins, and the
enormous capital investment required, it is seldom economically
feasible for drug manufacturers to pursue research and development and
then seek approval for drugs used in treating minor species and for
infrequent conditions and diseases in all animals.
I, along with Senator Bingaman, Senator Allard, Senator Collins,
Senator Crapo, Senator Miller, Senator Craig, Senator Ensign, and
Senator Lincoln, resolve to improve this situation by introducing the
Minor Use and Minor Species Animal Health Act of 2003. This legislation
will allow animal drug manufacturers the opportunity to develop and
obtain approval for minor use drugs which are vitally needed by a wide
variety of animal industries. Our legislation incorporates the major
proposals of the FDA's Center for Veterinary Medicine to increase the
availability of drugs for minor animal species and rare diseases in all
animals. The Act creates incentives for animal drug manufacturers to
invest in product development and obtain FDA marketing approvals.
This legislation creates a program very similar to the successful
Human Orphan Drug Program that has dramatically increased the
availability of drugs to treat rare human diseases over the past 20
years.
The bill establishes two new ways to lawfully market new animal
drugs:
First, it establishes a conditional approval mechanism for new animal
drugs for minor uses and minor species. Conditionally approved new
animal drugs must meet the same new approval requirements for safety as
new animal drugs approved under section 512 of the FDC Act. However,
the effectiveness standard for conditionally approved drugs would
differ from the effectiveness standard for new drugs approved under
Section 512 in that a ``reasonable expectation of effectiveness''
rather than ``substantial evidence of effectiveness'' would be
demonstrated. If the FDA approves an application for conditional
approval, this approval will be in effect for 1 year, renewable for a
maximum of 4 additional 1 year terms. This conditional approval is
intended to allow drug sponsors to recoup some development costs
through marketing the product prior to full, unconditional approval.
Second, this legislation provides for an index of legally marketed
unapproved new animal drugs for some non-food minor animal species. The
index is intended to provide a way to lawfully market those minor
species drugs for which there is unlikely to be sufficient financial
incentive to seek a full or conditional approval. If the FDA determines
that a new animal drug is eligible for listing on the index, the new
drug will be added to the index if the
[[Page S4531]]
benefits of using the drug outweigh the risks, taking into account the
harm caused by the absence of an approved or conditionally approved
drug for the use in question. The addition of a drug to the index will
be based in large part on a report of an independent expert panel.
The Minor Use and Minor Species Animal Health Act will not alter FDA
drug-approval responsibilities that ensure the safety of animal drugs
to the public. The FDA Center for Veterinary Medicine currently
evaluates new animal drug products prior to approval and use. This
rigorous testing and review process provides consumers with the
confidence that animal drugs are safe for animals and consumers of
products derived from treated animals. Current FDA requirements include
guidelines to prevent harmful residues and evaluations to examine the
potential for the selection guidelines to prevent harmful residues and
evaluations to examine the potential for the selection of resistant
pathogens. Any food animal medicine or drug considered for approval
under this bill would be subject to these same assessments.
The Minor Use and Minor Species Animal Health Act is supported by 43
organizations, including the American Farm Bureau Federation, the
Animal Health Institute, the American Veterinary Medical Association,
and the National Aquaculture Association. This is vital legislation.
This Act will reduce the economic risks and hardships which fall upon
ranchers and farmers as a result of livestock diseases. It will benefit
pets and their owners and benefit various endangered species and
aquatic animals. The Act also will promote the health of all animal
species while protecting human health and will alleviate unnecessary
animal suffering. This is common-sense legislation which will benefit
millions of American pet owners, farmers, and ranchers.
______
By Mr. BROWNBACK (for himself, Mrs. Clinton, Mr. Leahy, Ms.
Mikulski, Mr. Smith, Mrs. Feinstein, Mrs. Murray, and Mr.
Bingaman):
S. 742. A bill to authorize assistance for individuals with
disabilities in foreign countries, including victims of warfare and
civil strife, and for other purposes; to the Committee on Foreign
Relations.
Mr. BROWNBACK. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 742
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 ``International Disability and
Victims of Warfare and Civil Strife Assistance Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following finding:
(1)(A) According to the International Committee of the Red
Cross, there are tens of millions of landmines in over 60
countries around the world, and it has estimated that as many
as 24,000 people are maimed or killed each year by landmines,
mostly civilians, resulting in amputations and disabilities
of various kinds.
(B) While the United States Government invests more than
$100,000,000 in mine action programs annually, including
funding for mine awareness and demining training programs,
only about ten percent of these funds go to directly aid
landmine victims.
(C) The Patrick Leahy War Victims Fund, administered by the
United States Agency for International Development, has
provided essential prosthetics and rehabilitation for
landmine and other war victims in developing countries who
are disabled and has provided long-term sustainable
improvements in quality of life for victims of civil strife
and warfare, addressing such issues as barrier-free
accessibility, reduction of social stigmatization, and
increasing economic opportunities.
(D) Enhanced coordination is needed among Federal agencies
that carry out assistance programs in foreign countries for
victims of landmines and other victims of civil strife and
warfare to make better use of interagency expertise and
resources.
(2) According to a review of Poverty and Disability
commissioned by the World Bank, ``disabled people have lower
education and income levels than the rest of the population.
They are more likely to have incomes below poverty level than
the non-disabled population, and they are less likely to have
savings and other assets . . . [t]he links between poverty
and disability go two ways--not only does disability add to
the risk of poverty, but conditions of poverty add to the
risk of disability.''.
(3) Numerous international human rights conventions and
declarations recognize the need to protect the rights of
individuals regardless of their status, including those
individuals with disabilities, through the principles of
equality and non-discrimination.
(b) Purpose.--The purpose of this Act is to authorize
assistance for individuals with disabilities, including
victims of landmines and other victims of civil strife and
warfare.
SEC. 3. INTERNATIONAL DISABILITIES AND WAR VICTIMS
ASSISTANCE.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
is amended by inserting after section 134 the following:
SEC. 135. INTERNATIONAL DISABILITIES AND WAR VICTIMS
ASSISTANCE.
``(a) Authorization.--the President is authorized to
furnish assistance to individuals with disabilities,
including victims of civil strife and warfare, in foreign
countries.l
``(b) Activities.--The programs established pursuant to
subsection (a) may includes programs, projects, and
activities such as the following:
``(1) Development of local capacity to provide medical and
rehabilitation services for individuals with disabilities,
including victims of civil strife and warfare, in foreign
countries, such as--
``(A) support for and training of medical professionals,
including surgeons, nurses, and physical therapists, to
provide effective emergency and other medical care and for
the development of training manuals relating to first aid and
other medical treatment;
``(B) support for sustainable prosthetic and orthotic
services; and
``(C) psychological and social rehabilitation of such
individuals, together with their families as appropriate, for
the reintegration of such individuals into local communities.
``(2) Support for policy reform and educational efforts
related to the needs and abilities of individuals with
disabilities, including victims of civil strife and warfare.
``(3) Coordination of programs established pursuant to
subsection (a) with existing programs for individuals with
disabilities, including victims of civil strife and warfare,
in foreign countries.
``(4) Support for establishment of appropriate entities in
foreign countries to coordinate programs, projects, and
activities related to assistance for individuals with
disabilities, including victims of civil strife and warfare.
``(5) Support for primary, secondary, and vocational
education, public awareness and training programs and other
activities that help prevent war-related injuries and assist
individuals with disabilities, including victims of civil
strife and warfare, with their reintegration into society and
their ability to make sustained social and economic
contributions to society.
``(c) Priority.--To the maximum extent feasible, assistance
under this section shall be provided through nongovernmental
organizations, and, as appropriate, through governments to
establish appropriate norms, standards, and policies related
to rehabilitation and issues affecting individuals with
disabilities, including victims of civil strife and warfare.
``(d) Funding.--Amounts made available to carry out the
other provisions of this part (including chapter 4 of part II
of this Act) and the Support for East European Democracy
(SEED) Act of 1989 are authorized to be made available to
carry out this section and are authorized to be provided
notwithstanding any other provision of law.''.
SEC. 4. RESEARCH, PREVENTION, AND ASSISTANCE RELATED TO
INTERNATIONAL DISABILITIES AND LANDMINE AND
OTHER WAR VICTIMS.
(a) Authorization.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Disease Control and Prevention, is authorized--
(A) to conduct programs in foreign countries related to
individuals with disabilities, including victims of landmines
and other victims of civil strife and warfare;
(B) to provide grants to nongovernmental organizations for
the purpose of carrying out research, prevention, public
awareness and assistance programs in foreign countries
related to individuals with disabilities, including victims
of landmines and other victims of civil strife and warfare.
(2) Approval of secretary of state.--Activities under
programs established pursuant to paragraph (1) may be carried
out in foreign countries only in coordination with the
Administrator of the United States Agency for International
Development, and upon approval for such activities in such
countries by the Secretary of State.
(b) Activities.--Programs established pursuant to
subsection (a) may include the following activities:
(1) Research on trauma, physical, psychological, and social
rehabilitation, and continuing medical care related to
individuals with disabilities, including victims of landmines
and other victims of civil strife and warfare, including--
(A) conducting research on psychological and social factors
that lead to successful recovery;
(B) developing, testing, and evaluating model interventions
that reduce post-traumatic stress and promote health and
well-being;
(C) developing basic instruction tools for initial medical
response to traumatic injuries; and
(D) developing basic instruction manuals for patients and
healthcare providers, including for emergency and follow-up
care, proper
[[Page S4532]]
amputation procedures, and reconstructive surgery.
(2) Facilitation of peer support networks for individuals
with disabilities, including victims of landmines and other
victims of civil strife and warfare, in foreign countries,
including--
(A) establishment of organizations at the local level,
administered by such individuals, to assess and address the
physical, psychological, economic and social rehabilitation
and other needs of such individuals, together with their
families as appropriate, for the purpose of economic and
social reintegration into local communities; and
(B) training related to the implementation of such peer
support networks, including training of outreach workers to
assist in the establishment of organizations such as those
described in subparagraph (A) and assistance to facilitate
the use of the networks by such individuals.
(3) Sharing of expertise from limb-loss and disability
research centers in the United States with similar centers
and facilities in war-affected countries, including promoting
increased health for individuals with limb loss and limb
deficiency and epidemiological research on secondary medical
conditions related to limb loss and limb deficiency.
(4) Developing a database of best practices to address the
needs of the war-related disabled through comprehensive
examination of support activities related to such disability
and access to medical care and supplies.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Health and Human
Services to carry out this section such sums as may be
necessary for each of fiscal years 2003 through 2004.
SEC. 5. EXPERTISE OF THE DEPARTMENT OF VETERANS AFFAIRS.
The Secretary of Veterans Affairs is authorized--
(1) to provide advice and expertise on prosthetics,
orthotics, physical and psychological rehabilitation and
treatment, and disability assistance to other Federal
departments and agencies, including providing for temporary
assignment on a non-reimbursable basis of appropriate
Department of Veterans Affairs personnel, with respect to the
implementation of programs to provide assistance to victims
of landmines and other victims of civil strife and warfare in
foreign countries and landmine research and health-related
programs, including programs established pursuant to section
135 of the Foreign Assistance Act of 1961 (as added by
section 3 of this Act) and programs established pursuant to
section 4 of this Act; and
(2) to provide technical assistance to private voluntary
organizations on a reimbursable basis with respect to the
planning, development, operation, and evaluation of such
landmine assistance, research, and prevention programs.
____________________