Congressional Record, Volume 149 Issue 112 (Friday, July 25, 2003)

[Congressional Record Volume 149, Number 112 (Friday, July 25, 2003)]
[Senate]
[Pages S9960-S9976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Ms. CANTWELL:
S. 1455. A bill to regulate international marriage broker activity in
the United States, to provide for certain protections for individuals
who utilize services of international marriage brokers, and for other
services; to the Committee on the Judiciary.
Ms. CANTWELL. I rise today to introduce the International Marriage
Broker Regulation Act of 2003. This legislation will provide much
needed protections for the thousands of foreign women who meet their
American husbands through for-profit Internet sites and catalogs.
While mail order bride catalogs may seem like a relic from the past,
the use of marriage broker services has exploded in recent years with
the growth of the Internet. While many of these matches result in
happy, long unions, there is a growing epidemic of domestic abuse among
couples who meet via international marriage brokers. Immigrant and
women's advocacy groups across the country report seeing an increase in
the number of these wives seeking to escape a physically abusive
husband they met through an IMB. In several cases, the abuse has
progressed to murder.
A 1999 study found there were over 200 Internet sites marketing
foreign women primarily from Eastern Europe and Asia seeking American
husbands. Recent studies suggest that there are now as many as 400
currently operating in this country. These sites feature pictures of
hundreds of women who, according to the Web sites, are looking to meet
and marry an American man. The international marriage brokers operating
these sites promise a wife with ``traditional values,'' who will honor
her husband.
Unfortunately, women meeting their husbands in this manner frequently
have little opportunity to get to know their prospective spouses or
assess their potential for violence. They also have little knowledge of
their rights as victims of domestic violence in our country even if
they are not yet citizens or permanent residents.
In my State of Washington alone there have been three cases of
serious domestic violence including two murders of women who met their
husbands through an Internet-based international marriage broker.
Susanna Blackwell met her husband through an IMB and, in 1994, left her
native Philippines to move to Washington to marry him. During their
short marriage, Timothy Blackwell physically abused his wife regularly.
Within a few months, she had left him and begun divorce proceedings.
The Blackwells had been separated for more than a year when Timothy
Blackwell learned Susanna was eight months pregnant with another man's
child. On the last day of the divorce proceedings, Timothy Blackwell
shot and killed Susanna, her unborn child, and two friends who were
waiting outside of the Seattle courtroom.
In 1999, 18-year-old Anastasia Solovyova married Indle King, a man
she met through an IMB. Entries from Anastasia's diary detail the abuse
she suffered and the fear she had of her husband who threatened her
with death if she were to leave him. In December 2000, Anastasia was
found strangled to death and buried in a shallow grave in Washington.
King's accomplice later told police that he strangled Anastasia with a
necktie while King lay on her chest to keep her from moving. At trial,
it was discovered that Indle King had previously married another woman
he met through an internet IMB, who later got a domestic violence
protection order against him before divorcing him in 1997. It was also
discovered that he was seeking his third wife through an IMB when he
and his accomplice developed the plot to kill Anastasia.
Unfortunately, there are similar examples across the country of women
who have met their American spouses through an Internet IMB only to be
seriously injured or killed by an American spouse with a preexisting
history of violence against women.
My legislation is modeled on a groundbreaking Washington State law,
the first State effort to regulate the international matchmaking
industry. The Washington Legislature took action on this important
issue after the Blackwell and King cases, and multiple States are
currently looking at enacting similar legislation.
The primary goal of my legislation is to better inform women entering
this country as fiancees and prospective spouses about the past history
of their prospective spouse and to better inform them of their rights
as residents of the United States if they become victims of domestic
violence.
The bill would first of all halt the current practice of allowing
Americans to simultaneously seek visas for multiple fiancees, by
requiring that only one fiancee visa may be sought per applicant each
year. Currently, multiple request for fiancee visas can be
simultaneously filed with the Bureau of Citizenship and Immigration,
and the American requesting the visa will simply choose to marry the
first woman who is approved.
Second, my bill would require that, before an IMB may release the
contact information of a foreign national client, it must first obtain
her consent to the release of that information and second, provide her
with information on the rights of victims of domestic violence in this
country in her own language.
Third, the IMB would be required to ask American clients to provide
information on any previous arrest, conviction or court-ordered
restriction relating to crimes of violence along with their previous
marital history. This information would also be made available to the
foreign national.
Finally, it would require a U.S. citizen seeking a foreign fiancee
visa to undergo a criminal background check, a check that is already
performed for the fiancees entering the country

[[Page S9961]]

themselves. Information on convictions and civil orders would be
relayed to the visa applicant by the consular official along with
information on their legal rights should they find themselves in an
abusive relationship.
Currently, an American seeking to marry someone through an IMB holds
all of the cards. The American client has the benefit of a complete
background check on his future wife, a requirement of the immigration
process. In addition, the IMBs provide clients extensive information
about the women they offer, everything from their favorite movies and
hobbies to whether they are sexually promiscuous.

Conversely, the foreign fiancee' only gets whatever information her
future spouse wants to share. These women have no way of confirming
what they are told about previous marriages or relationships or the
American client's criminal history.
Researchers describe the typical American client as Caucasian,
educated, professional, and financially secure. More than half have
been married once already and express a desire to find a bride with
more ``traditional values,'' attitudes they feel are not held by many
American women today.
Most of the foreign brides advertised by the IMBs come from countries
where women are oppressed, have a few educational or professional
opportunities, and where violence against women is condoned, if not
encouraged. Because of the cultural differences, researchers say there
is an inherent imbalance of power in these relationships between
American men and foreign women.
The men who seek these more traditional wives typically control the
household finances and make basic decisons like whether the wife will
have a driver's license, get a job or spend time with friends. Because
these women often immigrate alone, they have no family or other support
network and rely on their husbands for everything. Such dependency can
make it difficult for a wife to report abuse without worrying that
doing so is a surefire ticket to deportation. Researchers agree that
isolation and dependency put these women at greater risk of domestic
abuse.
Documenting the extent of this problem has been quite difficult.
Marriages arranged by IMBs are not tracked separately from other
immigrant marriages. However, experts agree that abuse is more likely
in such an arranged marriages and that abuse in these relationships is
likely underreported since the women are likely to be more afraid of
deportation than the abuse they suffer at home.
Attempting to get a handle on the problem, the Immigration and
Naturalization Service commissioned a study of the industry in 1999.
The INS study estimated that there are more than 200 IMBs operating
around the globe, arranging between 4,000 and 6,000 marriages between
American men and foreign women every year. Experts today put the number
of IMBs at nearly 500 worldwide. And based on the 1999 statistics,
there are between 20,000 and 30,000 women who have entered the U.S.
using an IMB in the past 5 years. While there are a few IMBs aimed at
female clients, the overwhelming majority of people who seek IMB
services are men.
IMBs also are being used as a cover for those seeking servants. That
is what happened to Helen Clemente, a Filipina brought to the U.S. by
retired Seattle-area police officer Eldon Doty and his wife, Sally.
Eldon and Sally Doty had divorced to allow Eldon to marry Helen
Clemente. However, Eldon and Sally Doty continued to live as man and
wife, forcing Helene Clemente to work as their servant. After 3 years,
Helen ran way. The Dotys have worked with INS in exchange for de facto
immunity, while Helen Clemente continues to fight deportation.
It is critical for legal immigrants to know that they don't have to
suffer abuse or work without pay to remain in this country. The
Violence Against Women Act provided some safeguards for these female
immigrants, ensuring that in cases of abuse a woman's immigration
petition may proceed without the sponsorship of her abuser. That
important legislation provided protections for women who come here and
find themselves in abusive relationships; however, more can and should
be done.
My legislation would give foreign financees critical information they
need to make an informed decision about the person they are going to
marry. It puts these foreign brides on more equal footing with their
American grooms.
My legislation enjoys support from more than 80 organizations and
advocacy groups across the country, including religious coalitions,
laws firms, women's rights and social justice groups. I hope my
colleagues in the Senate will support it as well.
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. 1455

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 Marriage
Broker Regulation Act of 2003''.

SEC. 2. LIMIT ON CONCURRENT PETITIONS FOR FIANCE(E) VISAS.

Section 214(d) of the Immigration and Nationality Act (8
U.S.C. 1184(d)) is amended--
(1) by inserting ``(1)'' before ``A visa''; and
(2) by adding at the end the following:
``(2) A United States citizen or a legal permanent resident
may not file more than 1 application for a visa under section
101(a)(15)(K)(i) in any 1-year period.''.

SEC. 3. INTERNATIONAL MARRIAGE BROKERS.

Section 652 of the Omnibus Consolidated Appropriations Act,
1997 (8 U.S.C. 1375), is amended to read as follows:

``SEC. 652. INTERNATIONAL MARRIAGE BROKERS.

``(a) Findings.--Congress finds the following:
``(1) There is a substantial international marriage broker
business worldwide. A 1999 study by the Immigration and
Naturalization Service estimated that in 1999 there were at
least 200 such companies operating in the United States, and
that as many as 4,000 to 6,000 persons in the United States,
almost all male, find foreign spouses through for-profit
international marriage brokers each year.
``(2) Aliens seeking to enter the United States to marry
citizens of the United States currently lack the ability to
access and fully verify personal history information about
their prospective American spouses.
``(3) Persons applying for fiance(e) visas to enter the
United States are required to undergo a criminal background
information investigation prior to the issuance of a visa.
However, no corresponding requirement exists to inform those
seeking fiance(e) visas of any history of violence by the
prospective United States spouse.
``(4) Many individuals entering the United States on
fiance(e) visas for the purpose of marrying a person in the
United States are unaware of United States laws regarding
domestic violence, including protections for immigrant
victims of domestic violence, prohibitions on involuntary
servitude, protections from automatic deportation, and the
role of police and the courts in providing assistance to
victims of domestic violence.
``(b) Definitions.--In this section:
``(1) Client.--The term `client' means a United States
citizen or legal permanent resident who makes a payment or
incurs a debt in order to utilize the services of an
international marriage broker.
``(2) Crime of violence.--The term `crime of violence' has
the same meaning given the term in section 16 of title 18,
United States Code.
``(3) Domestic violence.--The term `domestic violence'
means any crime of violence, or other act forming the basis
for past or outstanding protective orders, restraining
orders, no-contact orders, convictions, arrests, or police
reports, committed against a person by--
``(A) a current or former spouse of the person;
``(B) an individual with whom the person shares a child in
common;
``(C) an individual who is cohabiting with or has cohabited
with the person;
``(D) an individual similarly situated to a spouse of the
person under the domestic or family violence laws of the
jurisdiction where the offense occurs; or
``(E) any other individual if the person is protected from
that individual's acts under the domestic or family violence
laws of the United States or any State, Indian tribal
government, or unit of local government.
``(4) Foreign national client.--The term `foreign national
client' means a non-resident alien who utilizes the services
of an international marriage broker.
``(5) International marriage broker.--
``(A) In general.--The term `international marriage broker'
means a corporation, partnership, business, individual, or
other legal entity, whether or not organized under any law of
the United States, that charges fees for providing dating,
matrimonial, social referrals, or matching services between
United States citizens or legal permanent residents and
nonresident aliens by providing information that would permit
individuals to contact each other, including--
``(i) providing the name, telephone number, address,
electronic mail address, or voicemail of an individual; or

[[Page S9962]]

``(ii) providing an opportunity for an in-person meeting.
``(B) Exceptions.--Such term does not include--
``(i) a traditional matchmaking organization of a religious
nature that operates on a nonprofit basis and otherwise
operates in compliance with the laws of the countries in
which it operates including the laws of the United States; or
``(ii) an entity that provides dating services between
United States citizens or legal permanent residents and
aliens, but not as its principal business, and charges
comparable rates to all clients regardless of the gender or
country of residence of the client.
``(6) Personal contact information.--
``(A) In general.--The term `personal contact information'
means information that would permit an individual to contact
another individual, including--
``(i) the name, address, phone number, electronic mail
address, or voice message mailbox of that individual; and
``(ii) the provision of an opportunity for an in-person
meeting.
``(B) Exception.--Such term does not include a photograph
or general information about the background or interests of a
person.
``(c) Obligations of International Marriage Broker With
Respect to Informed Consent.--An international marriage
broker shall not provide any personal contact information
about any foreign national client, not including photographs,
to any person unless and until the international marriage
broker has--
``(1) provided the foreign national client with information
in his or her native language that explains the rights of
victims of domestic violence in the United States, including
the right to petition for residence independent of, and
without the knowledge, consent, or cooperation of, the
spouse; and
``(2) received from the foreign national client a signed
consent to the release of such personal contact information.
``(d) Mandatory Collection of Information.--
``(1) In general.--Each international marriage broker shall
require each client to provide the information listed in
paragraph (2), in writing and signed by the client (including
by electronic writing and electronic signature), to the
international marriage broker prior to referring any personal
contact information about any foreign national client to the
client.
``(2) Information.--The information required to be provided
in accordance with paragraph (1) is as follows:
``(A) Any arrest, charge, or conviction record for
homicide, rape, assault, sexual assault, kidnap, or child
abuse or neglect.
``(B) Any court ordered restriction on physical contact
with another person, including any temporary or permanent
restraining order or civil protection order.
``(C) Marital history, including if the person is currently
married, if the person has previously been married and how
many times, how previous marriages were terminated and the
date of termination, and if the person has previously
sponsored an alien to whom the person has been engaged or
married.
``(D) The ages of any and all children under the age of 18.
``(E) All States in which the client has resided since the
age of 18.
``(e) Additional Obligations of the International Marriage
Broker.--An international marriage broker shall not provide
any personal contact information about any foreign national
client to any client, unless and until--
``(1) the client has been informed that the client will be
subject to a criminal background check should they petition
for a visa under clause (i) or (iii) of section 101(a)(15)(K)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(K)); and
``(2) the foreign national client has been provided a copy
of the information required under subsection (d) regarding
that client.
``(f) Civil Penalty.--
``(1) Violation.--An international marriage broker that the
Secretary of Homeland Security determines has violated any
provision of this section or section 7 of the International
Marriage Broker Regulation Act of 2003 shall be subject, in
addition to any other penalties that may be prescribed by
law, to a civil penalty of not more than $20,000 for each
such violation.
``(2) Procedures for imposition of penalty.--A penalty
imposed under paragraph (1) may be imposed only after notice
and an opportunity for an agency hearing on the record in
accordance with sections 554 through 557 of title 5, United
States Code.
``(g) Criminal Penalty.--An international marriage broker
that, within the special maritime and territorial
jurisdiction of the United States, violates any provision of
this section or section 7 of the International Marriage
Broker Regulation Act of 2003 shall be fined in accordance
with title 18, United States Code, or imprisoned for not less
than 1 year and not more than 5 years, or both.
``(h) Enforcement.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been, or is threatened to be,
adversely affected by a violation of this section, the State,
as parens patriae, may bring a civil action on behalf of the
residents of the State in a district court of the United
States of appropriate jurisdiction to --
``(1) enjoin that practice;
``(2) enforce compliance with this section; or
``(3) obtain damages.
``(i) Study and Report.--
``(1) Study.--Not later than 2 years after the date of
enactment of the International Marriage Broker Regulation Act
of 2003, the Attorney General, in consultation with the
Director of the Bureau of Citizenship and Immigration
Services within the Department of Homeland Security, shall
conduct a study--
``(A) regarding the number of international marriage
brokers doing business in the United States and the number of
marriages resulting from the services provided, and the
extent of compliance with this section and section 7 of the
International Marriage Broker Regulation Act of 2003;
``(B) that assesses information gathered under this section
and section 7 of the International Marriage Broker Regulation
Act of 2003 from clients and petitioners by international
marriage brokers and the Bureau of Citizenship and
Immigration Services;
``(C) that examines, based on the information gathered, the
extent to which persons with a history of violence are using
the services of international marriage brokers and the extent
to which such persons are providing accurate information to
international marriage brokers in accordance with this
section and section 7 of the International Marriage Broker
Regulation Act of 2003; and
``(D) that assesses the accuracy of the criminal background
check at identifying past instances of domestic violence.
``(2) Report.--Not later than 3 years after the date of
enactment of the International Marriage Broker Regulation Act
of 2003, the Secretary of Homeland Security shall submit a
report to the Committees on the Judiciary of the Senate and
the House of Representatives setting forth the results of the
study conducted pursuant to paragraph (1).''.

SEC. 4. CRIMINAL BACKGROUND CHECK.

Section 214(d) of the Immigration and Nationality Act (8
U.S.C. 1184(d)), as amended by section 2, is further amended
by adding at the end the following:
``(3) A petitioner for a visa under clause (i) or (iii) of
section 101(a)(15)(K) shall undergo a national criminal
background check conducted using the national criminal
history background check system and State criminal history
repositories of all States in which the applicant has resided
prior to the petition being approved by the Secretary of
Homeland Security, and the results of the background check
shall be included in the petition forwarded to the consular
office under that section.''.

SEC. 5. CHANGES IN CONSULAR PROCESSING OF FIANCE(E) VISA
APPLICATIONS.

(a) In General.--During the consular interview for purposes
of the issuance of a visa under clause (i) or (iii) of
section 101(a)(15)(K) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(K)), a consular officer shall disclose
to the alien applicant information in writing in the native
language of the alien concerning--
(1) the illegality of domestic violence in the United
States and the availability of resources for victims of
domestic violence (including aliens), including protective
orders, crisis hotlines, free legal advice, and shelters;
(2) the requirement that international marriage brokers
provide foreign national clients with responses of clients to
questions regarding the client's domestic violence history
and marital history, but that such information may not be
accurate;
(3) the right of an alien who is or whose children are
subjected to domestic violence or extreme cruelty by a United
States citizen spouse or legal permanent resident spouse, to
self-petition for legal permanent immigration status under
the Violence Against Women Act independently of, and without
the knowledge, consent, or cooperation of, such United States
citizen spouse or legal permanent resident spouse; and
(4) any information regarding the petitioner that--
(A) was provided to the Bureau of Citizenship and
Immigration Services within the Department of Homeland
Security pursuant to section 7; and
(B) is contained in the background check conducted in
accordance with section 214(d)(3) of the Immigration and
Nationality Act, as added by section 4, relating to any
conviction or civil order for a crime of violence, act of
domestic violence, or child abuse or neglect.
(b) Definitions.--In this section, the terms ``client'',
``domestic violence'', ``foreign national client'', and
``international marriage brokers'' have the same meaning
given such terms in section 652 of the Omnibus Consolidated
Appropriations Act, 1997 (8 U.S.C. 1375).

SEC. 6. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT
TRAFFICKING.

Section 105 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103) is amended--
(1) in subsection (d)(2), by inserting ``and the role of
international marriage brokers (as defined in section 652 of
the Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C.
1375))'' after ``public corruption''; and
(2) by adding at the end the following:
``(f) Meetings.--The Task Force shall meet not less than 2
times in a calendar year.''.

SEC. 7. BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES.

The Bureau of Citizenship and Immigration Services within
the Department of Homeland Security shall require that
information described in section 652(c) of the Omnibus
Consolidated Appropriations Act, 1997

[[Page S9963]]

(8 U.S.C. 1375(c)), as amended by section 3, be provided to
the Bureau of Citizenship and Immigration Services by a
client (as defined in section 652 of the Omnibus Consolidated
Appropriations Act, 1997 (8 U.S.C.1375)) in writing and
signed under penalty of perjury as part of any visa petition
under section 214(d) of the Immigration and Nationality Act
(8 U.S.C. 1184(d)).

SEC. 8. GOOD FAITH MARRIAGES.

The fact that an alien who is in the United States on a
visa under clause (i) or (iii) of section 101(a)(15)(K) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K))
is aware of the criminal background of a client (as defined
in section 652 of the Omnibus Consolidated Appropriations
Act, 1997 (8 U.S.C. 1375)) cannot be used as evidence that
the marriage was not entered into in good faith.

SEC. 9. TECHNICAL AND CONFORMING AMENDMENTS.

Section 214(d) of the Immigration and Nationality Act (8
U.S.C. 1184(d)) is amended by striking ``Attorney General''
each place that term appears and inserting ``Secretary of
Homeland Security''.

SEC. 10. PREEMPTION.

Nothing in this Act, or the amendments made by this Act,
shall preempt any State law that provides additional
protection for aliens who are utilizing the services of an
international marriage broker (as defined in section 652 of
the Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C.
1375)).
______

By Mr. BREAUX:
S. 1456. A bill to amend the Public Health Service Act with respect
to mental health services for elderly individuals; to the Committee on
Health, Education, Labor, and Pensions.
Mr. BREAUX. 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. 1456

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 ``Positive Aging Act of
2003''.

SEC. 2. FINDINGS; STATEMENT OF PURPOSE.

(a) Findings.--The Congress finds that--
(1) although, on average, \1/4\ of all patients seen in
primary care settings have a mental disorder, primary care
practitioners identify such illness in only about half of
these cases;
(2) four mental disorders are among the 10 leading causes
of disability in the United States;
(3) among the elderly, 10 percent have dementia and as many
as one quarter have significant clinical depression;
(4) access to mental health services by the elderly is
compromised by health benefits coverage limits, gaps in the
mental health services delivery system, and shortages of
geriatric mental health practitioners;
(5) the integration of medical and mental health treatment
provides an effective means of coordinating care, improving
mental health outcomes, and saving health care dollars; and
(6) the treatment of mental disorders in older patients,
particularly those with other chronic diseases, can improve
health outcomes and the quality of life for these patients.
(b) Statement of Purpose.--In order to address the emerging
crisis in the identification and treatment of mental
disorders among the elderly, it is the purpose of this Act
to--
(1) promote models of care that integrate mental health
services and medical care within primary care settings; and
(2) improve access by older adults to mental health
services in community-based settings.

TITLE I--ENHANCING ACCESS TO MENTAL HEALTH SERVICES FOR THE ELDERLY

SEC. 101. SERVICES IMPLEMENTATION PROJECTS TO SUPPORT
INTEGRATION OF MENTAL HEALTH SERVICES IN
PRIMARY CARE SETTINGS.

Subpart 3 of part B of title V of the Public Health Service
Act (42 U.S.C. 290bb-31 et seq.) is amended--
(1) in section 520(b)--
(A) in paragraph (14), by striking ``and'' at the end;
(B) in paragraph (15), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following paragraph:
``(16) conduct the demonstration projects specified in
section 520K.''; and
(2) by adding at the end the following section:

``SEC. 520K. PROJECTS TO DEMONSTRATE INTEGRATION OF MENTAL
HEALTH SERVICES IN PRIMARY CARE SETTINGS.

``(a) In General.--The Secretary, acting through the
Director of the Center for Mental Health Services, shall make
grants to public and private nonprofit entities for evidence-
based projects to demonstrate ways of integrating mental
health services for older patients into primary care
settings, such as health centers receiving a grant under
section 330 (or determined by the Secretary to meet the
requirements for receiving such a grant), other Federally
qualified health centers, primary care clinics, and private
practice sites.
``(b) Requirements.--In order to qualify for a grant under
this section, a project shall provide for collaborative care
within a primary care setting, involving psychiatrists,
psychologists, and other licensed mental health professionals
with appropriate training and experience in the treatment of
older adults, in which screening, assessment, and
intervention services are combined into an integrated service
delivery model, including--
``(1) screening services by a mental health professional
with at least a masters degree in an appropriate field of
training, supported by psychiatrists and psychologists with
appropriate training and experience in the treatment of older
adults to ensure adequate consideration of biomedical and
psychosocial conditions, respectively;
``(2) referrals for necessary prevention, intervention,
follow-up care, consultations, and care planning oversight
for mental health and other service needs, as indicated; and
``(3) adoption and implementation of evidence-based
protocols, to the extent available, for prevalent mental
health disorders, including depression, anxiety, behavioral
and psychological symptoms of dementia, psychosis, and misuse
of, or dependence on, alcohol or medication.
``(c) Considerations in Awarding Grants.--To the extent
feasible, the Secretary shall ensure that--
``(1) grants under this section are awarded to projects in
a variety of geographic areas, including urban and rural
areas; and
``(2) the needs of ethnically diverse at-risk populations
are addressed.
``(d) Duration.--A project may receive funding pursuant to
a grant under this section for a period of up to 3 years,
with an extension period of 2 additional years at the
discretion of the Secretary.
``(e) Application.--In order to receive a grant under this
section, a public or private nonprofit entity shall--
``(1) submit an application to the Secretary (in such form,
containing such information, and at such time as the
Secretary may specify); and
``(2) agree to report to the Secretary standardized
clinical and behavioral data necessary to evaluate patient
outcomes and to facilitate evaluations across participating
projects.
``(f) Evaluation.--Not later than 6 months after the close
of a calendar year, the Secretary shall submit to the
Congress a report evaluating the projects receiving awards
under this section for such year.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated for fiscal year 2004 and each
fiscal year thereafter such sums as may be necessary to carry
out this section.''.

SEC. 102. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH TREATMENT
OUTREACH TEAMS.

Subpart 3 of part B of title V of the Public Health Service
Act (42 U.S.C. 290bb-31 et seq.), as amended by section 101
of this Act, is further amended by adding at the end the
following section:

``SEC. 520L. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH
TREATMENT OUTREACH TEAMS.

``(a) In General.--The Secretary, acting through the
Director of the Center for Mental Health Services, shall make
grants to public or private nonprofit entities that are
community-based providers of geriatric mental health
services, to support the establishment and maintenance by
such entities of multi-disciplinary geriatric mental health
outreach teams in community settings where older adults
reside or receive social services. Entities eligible for such
grants include--
``(1) mental health service providers of a State or local
government;
``(2) outpatient programs of private, nonprofit hospitals;
``(3) community mental health centers meeting the criteria
specified in section 1913(c); and
``(4) other community-based providers of mental health
services.
``(b) Requirements.--In order to qualify for a grant under
this section, an entity shall--
``(1) adopt and implement, for use by its mental health
outreach team, evidence-based intervention and treatment
protocols (to the extent such protocols are available) for
mental disorders prevalent in older adults, relying to the
greatest extent feasible on protocols that have been
developed--
``(A) by or under the auspices of the Secretary; or
``(B) by academicians with expertise in mental health and
aging;
``(2) provide screening for mental disorders, diagnostic
services, referrals for treatment, and case management and
coordination through such teams; and
``(3) coordinate and integrate the services provided by
such team with the services of social service, mental health,
medical, and other health care providers at the site or sites
where the team is based in order to--
``(A) improve patient outcomes; and
``(B) to ensure, to the maximum extent feasible, the
continuing independence of older adults who are residing in
the community.
``(c) Cooperative Arrangements With Sites Serving as Bases
for Outreach Teams.--An entity receiving a grant under this
section may enter into an agreement with a person operating a
site at which a geriatric mental health outreach team of the
entity is based, including--

[[Page S9964]]

``(1) senior centers;
``(2) adult day care programs;
``(3) assisted living facilities; and
``(4) recipients of grants to provide services to senior
citizens under the Older Americans Act, under which such
person provides (and is reimbursed by the entity, out of
funds received under the grant, for) any supportive services,
such as transportation and administrative support, that such
person provides to an outreach team of such entity.
``(d) Considerations in Awarding Grants.--To the extent
feasible, the Secretary shall ensure that--
``(1) grants under this section are awarded to projects in
a variety of geographic areas, including urban and rural
areas; and
``(2) the needs of ethnically diverse at-risk populations
are addressed.
``(e) Application.--In order to receive a grant under this
section, an entity shall--
``(1) submit an application to the Secretary (in such form,
containing such information, and at such time as the
Secretary may specify); and
``(2) agree to report to the Secretary standardized
clinical and behavioral data necessary to evaluate patient
outcomes and to facilitate evaluations across participating
projects.
``(f) Evaluation.--Not later than 6 months after the close
of a calendar year, the Secretary shall submit to the
Congress a report evaluating the programs receiving a grant
under this section for such year.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated for fiscal year 2004 and each
fiscal year thereafter such sums as may be necessary to carry
out this section.''.

TITLE II--ADMINISTRATIVE CHANGES TO STRENGTHEN PROGRAMS FOR GERIATRIC
MENTAL HEALTH SERVICES

SEC. 201. DESIGNATION OF DEPUTY DIRECTOR FOR GERIATRIC MENTAL
HEALTH SERVICES IN CENTER FOR MENTAL HEALTH
SERVICES.

Section 520 of the Public Health Service Act (42 U.S.C.
290bb-31) is amended by redesignating subsection (c) as
subsection (d) and inserting after subsection (b) the
following:
``(c) Deputy Director for Geriatric Mental Health
Services.--The Director, after consultation with the
Administrator, shall designate a Deputy Director for
Geriatric Mental Health Services, who shall be responsible
for the development and implementation of initiatives of the
Center to address the mental health needs of older adults.
Such initiatives shall include--
``(1) research on prevention and identification of mental
disorders in the geriatric population;
``(2) innovative demonstration projects for the delivery of
community-based mental health services for older Americans;
``(3) support for the development and dissemination of
evidence-based practice models, including models to address
dependence on, and misuse of, alcohol and medication in older
adults; and
``(4) development of model training programs for mental
health professionals and caregivers serving older adults.''.

SEC. 202. MEMBERSHIP OF ADVISORY COUNCIL FOR THE CENTER FOR
MENTAL HEALTH SERVICES.

Section 502(b)(3) of the Public Health Service Act (42
U.S.C. 290aa-1(b)(3)) is amended by adding at the end the
following:
``(C) In the case of the advisory council for the Center
for Mental Health Services, the members appointed pursuant to
subparagraphs (A) and (B) shall include representatives of
older Americans, their families, and geriatric mental health
specialists, including at least 1 physician with board
certification in geriatric psychiatry and at least 1
psychologist with appropriate training and experience in the
treatment of older adults.''.

SEC. 203. PROJECTS OF NATIONAL SIGNIFICANCE TARGETING
SUBSTANCE ABUSE IN OLDER ADULTS.

Section 509(b)(2) of the Public Health Service Act (42
U.S.C. 290bb-2(b)(2)) is amended by inserting before the
period the following: ``, and to providing treatment for
older adults with alcohol or substance abuse or addiction,
including medication misuse or dependence''.

SEC. 204. CRITERIA FOR STATE PLANS UNDER COMMUNITY MENTAL
HEALTH SERVICES BLOCK GRANTS.

(a) In General.--Section 1912(b) of the Public Health
Service Act (42 U.S.C. 300x-2(b)) is amended by inserting
after paragraph (5) the following:
``(6) Goals and initiatives for improving access to
services for older adults.--The plan--
``(A) specifies goals for improving access by older
Americans to community-based mental health services;
``(B) includes a plan identifying and addressing the unmet
needs of such individuals for mental health services; and
``(C) includes an inventory of the services, personnel, and
treatment sites available to improve the delivery of mental
health services to such individuals.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to State plans submitted under section 1912 of
the Public Health Service Act on or after the date that is
180 days after the date of the enactment of this Act.
______

By Mr. McCAIN (for himself, Mr. Daschle, and Mr. Johnson):
S. 1459. A bill to provide for reform of management of Indian trust
funds and assets under the jurisdiction of the Department of the
Interior, and for other purposes; to the Committee on Indian Affairs.
Mr. McCAIN. Mr. President, I rise to introduce legislation to serve
as the basis for much needed reforms to the Federal Government's
management of Indian trust funds and trust assets within the U.S.
Department of the Interior. I am joined by my colleagues, Senators
Daschle and Johnson, in this effort, as well as by Representatives Mark
Udall and Nick Rahall whom are sponsoring a companion measure in the
House of Representatives.
This legislation is a reflection of a continuing effort by my
colleagues and myself to develop a trust reform proposal that will not
only serve to improve the Federal Government's administration and
management of Indian trust funds and trust assets but it will also
institute a role for Indian tribes to participate in developing
additional needed reforms and enhance the principles of tribal self-
determination.
Earlier this year, Senators Daschle, Johnson, and myself introduced
similar trust reform legislation and received substantive feedback from
Indian country on the bill. This feedback helped us in developing this
new legislative proposal, which will serve as the framework for
instituting broader reforms necessary for long-term management of
tribal trust resources and enhancing Federal Indian policy. I thank the
tribes and tribal organizations such as the Inter Tribal Monitoring
Association, the Native American Rights Fund, and the National Congress
of American Indians, which worked with our offices and helped to
formulate the concepts embodied in this proposal. We are encouraged by
their efforts and support to seek a legislative remedy to these
difficult problems.
The basic elements of this bill focus on three primary areas: the
management of trust funds and trust assets will be elevated in the
overall Department by designating a Deputy Secretary of Indian Affairs
to assume the current responsibilities of the Assistant Secretary of
Indian Affairs and the Special Trustee. Second, as determined by the
court and the administration, it is Congress' duty to affirm fiduciary
standards for proper management of these trust funds and trust assets,
and this bill includes such standards. And, third, the role of the
tribes is enhanced through affirmation of the authority of tribes to
utilize self-determination laws to manage their own funds and assets.
Tribes will also be engaged in determining additional necessary reforms
through participation in an established congressional commission.
The mismanagement of Indian trust funds is a long and disgraceful
chapter in the history of this Nation. The 1994 American Indian Trust
Fund Management Reform Act was enacted to take measures to reconcile
these accounts and return the money to the Native American
beneficiaries. Unfortunately, as continuing management problems persist
and Native Americans are left out of the decision-making process about
the management of their resources, it is time for Congress to step up
and take decisive action to once again require significant reform with
the active participation of the tribes.
I am pleased that Senators Daschle and Johnson are committed to
working with me once again on this legislation, and I am also
encouraged by the interest of our House counterparts to jointly
introduce this bill with us. I look forward to working with my
colleagues and the tribes to advance this legislation. We are willing
to consider additional review and comments and expect to further refine
this bill as it moves through the legislative process.
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. 1459

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 ``American Indian Trust Fund
Management Reform Act Amendments Act of 2003''.

SEC. 2. DEFINITIONS.

Section 2 of the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001) is amended--

[[Page S9965]]

(1) by redesignating paragraphs (1), (2), (3), (4), (5),
and (6) as paragraphs (7), (4), (6), (5), (2), and (3),
respectively, and moving those paragraphs so as to appear in
numerical order; and
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
``(1) Audit.--The term `audit' means an audit using
accounting procedures that conform to generally accepted
accounting principles and auditing procedures that conform to
chapter 75 of title 31, United States Code (commonly known as
the `Single Audit Act of 1984'); and
(3) by adding at the end the following:
``(8) Tribal government--The term `tribal government' means
the governing body of an Indian tribe.
``(9) Trust asset.--The term `trust asset' means any
tangible property (such as land, a mineral, coal, oil or gas,
a forest resource, an agricultural resource, water, a water
source, fish, or wildlife) held by the Secretary for the
benefit of an Indian tribe or an individual member of an
Indian tribe in accordance with Federal law.
``(10) Trust funds.--The term `trust funds' means--
``(A) all monies or proceeds derived from trust assets; and
``(B) all funds held by the Secretary for the benefit of an
Indian tribe or an individual member of an Indian tribe in
accordance with Federal law.
``(11) Trustee.--The term `trustee' means the Secretary or
any other person that is authorized to act as a trustee for
trust assets and trust funds.''.

SEC. 3. RESPONSIBILITIES OF SECRETARY.

Section 102 of the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4011) is amended to read as
follows:

``SEC. 102. RESPONSIBILITIES OF SECRETARY.

``(a) Accounting for Daily and Annual Balances of Indian
Trust Funds.--
``(1) In general.--The Secretary shall account for the
daily and annual balances of all trust funds.
``(2) Periodic statement of performance.--
``(A) In general.--Not later than 20 business days after
the close of the second calendar quarter after the date of
enactment of this paragraph, and not later than 20 business
days after the close of each calendar quarter thereafter, the
Secretary shall provide to each Indian tribe and individual
Indian for whom the Secretary manages trust funds a statement
of performance for the trust funds.
``(B) Requirements.--Each statement under subparagraph (A)
shall identify, with respect to the period covered by the
statement--
``(i) the source, type, and status of the funds;
``(ii) the beginning balance of the funds;
``(iii) the gains and losses of the funds;
``(iv) receipts and disbursements of the funds; and
``(v) the ending balance of the funds.
``(3) Audits.--With respect to each account containing
trust funds, the Secretary shall--
``(A) for accounts with less than $1,000, group accounts
separately to allow for statistical sampling audit
procedures;
``(B) for accounts containing more than $1,000 at any time
during a given fiscal year--
``(i) conduct, for each fiscal year, an audit of all trust
funds; and
``(ii) include, in the first statement of performance after
completion of the audit, a letter describing the results of
the audit.
``(b) Additional Responsibilities.--The responsibilities of
the Secretary in carrying out the trust responsibility of the
United States include, but are not limited to--
``(1) providing for adequate systems for accounting for and
reporting trust fund balances;
``(2) providing for adequate controls over receipts and
disbursements;
``(3) providing for periodic, timely reconciliations of
financial records to ensure the accuracy of account
information;
``(4) determining accurate cash balances;
``(5) preparing and supplying to account holders periodic
account statements;
``(6) establishing and publishing in the Federal Register
consistent policies and procedures for trust fund management
and accounting;
``(7) providing adequate staffing, supervision, and
training for trust fund management and accounting; and
``(8) managing natural resources located within the
boundaries of Indian reservations and trust land.''.

SEC. 4. AFFIRMATION OF STANDARDS.

Title I of the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4011 et seq.) is amended by adding at
the end the following:

``SEC. 105. AFFIRMATION OF STANDARDS.

``Congress affirms that the proper discharge of trust
responsibility of the United States requires, without
limitation, that the trustee, using the highest degree of
care, skill, and loyalty--
``(1) protect and preserve Indian trust assets from loss,
damage, unlawful alienation, waste, and depletion;
``(2) ensure that any management of Indian trust assets
required to be carried out by the Secretary--
``(A) promotes the interest of the beneficial owner; and
``(B) supports, to the maximum extent practicable in
accordance with the trust responsibility of the Secretary,
the beneficial owner's intended use of the assets;
``(3)(A) enforce the terms of all leases or other
agreements that provide for the use of trust assets; and
``(B) take appropriate steps to remedy trespass on trust or
restricted land;
``(4) promote tribal control and self-determination over
tribal trust land and resources without diminishing the trust
responsibility of the Secretary;
``(5) select and oversee persons that manage Indian trust
assets;
``(6) confirm that Indian tribes that manage Indian trust
assets in accordance with contracts and compacts authorized
by the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) protect and prudently manage those
Indian trust assets;
``(7) provide oversight and review of the performance of
the trust responsibility of the Secretary, including Indian
trust asset and investment management programs, operational
systems, and information systems;
``(8) account for and identify, collect, deposit, invest,
and distribute, in a timely manner, income due or held on
behalf of tribal and individual Indian account holders;
``(9) maintain a verifiable system of records that, at a
minimum, is capable of identifying, with respect to a trust
asset--
``(A) the location of the trust asset;
``(B) the beneficial owners of the trust asset;
``(C) any legal encumbrances (such as leases or permits)
applicable to the trust asset;
``(D) the user of the trust asset;
``(E) any rent or other payments made;
``(F) the value of trust or restricted land and resources
associated with the trust asset;
``(G) dates of--
``(i) collections;
``(ii) deposits;
``(iii) transfers;
``(iv) disbursements;
``(v) imposition of third-party obligations (such as court-
ordered child support or judgments);
``(vi) statements of earnings;
``(vii) investment instruments; and
``(viii) closure of all trust fund accounts relating to the
trust fund asset;
``(H) documents pertaining to actions taken to prevent or
compensate for any diminishment of the Indian trust asset;
and
``(I) documents that evidence the actions of the Secretary
regarding the management and disposition of the Indian trust
asset;
``(10) establish and maintain a system of records that--
``(A) permits beneficial owners to obtain information
regarding Indian trust assets in a timely manner; and
``(B) protects the privacy of that information;
``(11) invest tribal and individual Indian trust funds to
ensure that the trust account remains reasonably productive
for the beneficial owner consistent with market conditions
existing at the time at which investment is made;
``(12) communicate with beneficial owners regarding the
management and administration of Indian trust assets; and
``(13) protect treaty-based fishing, hunting, gathering,
and similar rights-of-access and resource use on traditional
tribal land.''.

SEC. 5. INDIAN PARTICIPATION IN TRUST FUND ACTIVITIES.

Section 202 of the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4022) is amended by striking
subsection (c) and inserting the following:
``(c) Management Through Self-Determination Authority.--
``(1) In general.--An Indian tribe may use authority
granted to the Indian tribe under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.) to manage Indian trust funds and trust assets without
terminating--
``(A) the trust responsibility of the Secretary; or
``(B) the trust status of the funds and assets.
``(2) No effect on trust responsibility.--Nothing in this
subsection diminishes or otherwise impairs the trust
responsibility of the United States with respect to the
Indian people.''.

SEC. 6. DEPUTY SECRETARY FOR INDIAN AFFAIRS.

(a) In General.--Section 302 of the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C. 4042) is
amended to read as follows:

``SEC. 302. DEPUTY SECRETARY FOR INDIAN AFFAIRS.

``(a) Establishment.--
``(1) In general.--There is established within the
Department the position of Deputy Secretary for Indian
Affairs (referred to in this section as the `Deputy
Secretary'), who shall report directly to the Secretary.
``(2) Appointment.--The Deputy Secretary shall be appointed
by the President, by and with the advice and consent of the
Senate.
``(b) Duties.--
``(1) In general.--The Deputy Secretary shall--
``(A) oversee the Bureau of Indian Affairs;
``(B) be responsible for carrying out all duties assigned
to the Assistant Secretary for Indian Affairs as of the day
before the date of enactment of the American Indian Trust
Fund Management Reform Act Amendments Act of 2003;
``(C) oversee all trust fund and trust asset matters of the
Department, including--

[[Page S9966]]

``(i) administration and management of the Reform Office;
``(ii) financial and human resource matters of the Reform
Office; and
``(iii) all duties relating to trust fund and trust asset
matters;
``(D) engage in appropriate government-to-government
relations and consultations with Indian tribes and individual
trust asset and trust fund account holders on matters
involving trust asset and trust fund management and reform
within the Department; and
``(E) carry out such other duties relating to Indian
affairs as the Secretary may assign.
``(2) Transfer of duties of assistant secretary.--As of the
date of enactment of the American Indian Trust Fund
Management Reform Act Amendments Act of 2003, all duties
assigned to the Assistant Secretary for Indian Affairs shall
be transferred to, and become the responsibility of, the
Deputy Secretary.
``(3) Succession.--Any official who is serving as Assistant
Secretary for Indian Affairs on the date of enactment of the
American Indian Trust Fund Management Reform Act Amendments
Act of 2003 and who was appointed by the President, by and
with the advice and consent of the Senate, shall not be
required to be reappointed under subsection (a) to the
successor position authorized under subsection (a) if the
Secretary approves the occupation by the official of the
position by the date that is 180 days after the date of
enactment of the American Indian Trust Fund Management Reform
Act Amendments Act of 2003 (or such later date determined by
the Secretary if litigation delays rapid succession).
``(c) Staff.--In carrying out this section, the Deputy
Secretary may hire such staff having expertise in trust asset
and trust fund management, financial organization and
management, and Federal Indian law and policy as the Deputy
Secretary determines is necessary to carry out this title.
``(d) Effect on Duties of Other Officials.--
``(1) In general.--Except as provided in subsection (c) and
paragraph (2), nothing in this section diminishes any
responsibility or duty of the Deputy Secretary of the
Interior appointed under the Act of May 9, 1935 (43 U.S.C.
1452), or any other Federal official, relating to any duty
established under this Act or any other provision of law.
``(2) Trust asset and trust fund management and reform.--
Notwithstanding any other provision of law, the Deputy
Secretary shall have overall management and oversight
authority on matters of the Department relating to trust
asset and trust fund management and reform (including matters
that, as of the day before the date of enactment of the
Indian Trust Asset and Trust Fund Management and Reform Act
of 2003, were carried out by the Commissioner of Indian
Affairs).
``(e) Office of Trust Reform Implementation and
Oversight.--
``(1) Establishment.--There is established within the
Office of the Secretary the Office of Trust Reform
Implementation and Oversight.
``(2) Reform office head.--The Reform Office shall be
headed by the Deputy Secretary.
``(3) Duties.--The Reform Office shall--
``(A) supervise and direct the day-to-day activities of the
Deputy Secretary, the Commissioner of Reclamation, the
Director of the Bureau of Land Management, and the Director
of the Minerals Management Service, to the extent that those
officials administer or manage any Indian trust assets or
funds;
``(B) administer, in accordance with title II, all trust
properties, funds, and other assets held by the United States
for the benefit of Indian tribes and individual members of
Indian tribes;
``(C) require the development and maintenance of an
accurate inventory of all trust funds and trust assets;
``(D) ensure the prompt posting of revenue derived from a
trust fund or trust asset for the benefit of each Indian
tribe (or individual member of each Indian tribe) that owns a
beneficial interest in the trust fund or trust asset;
``(E) ensure that all trust fund accounts are audited at
least annually, and more frequently as determined to be
necessary by the Deputy Secretary;
``(F) ensure that the Deputy Secretary, the Director of the
Bureau of Land Management, the Commissioner of Reclamation,
and the Director of the Minerals Management Service provide
to the Secretary current and accurate information relating to
the administration and management of trust funds and trust
assets; and
``(G) provide for regular consultation with trust fund
account holders on the administration of trust funds and
trust assets to ensure, to the maximum extent practicable in
accordance with applicable law and a Plan approved under
section 202, the greatest return on those funds and assets
for the trust fund account holders consistent with the
beneficial owners intended uses for the trust funds.
``(4) Contracts and compacts.--The Reform Office may carry
out its duties directly or through contracts and compacts
under section 102 of the Indian Self-Determination Act (25
U.S.C. 450f) or section 403 of the Indian Self Determination
and Education Assistance Act (25 U.S.C. 458cc) to provide for
the management of trust assets and trust funds by Indian
tribes pursuant to a Trust Fund and Trust Asset Management
and Monitoring Plan developed under section 202 of this Act.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.''.
(b) Conforming Amendments.--
(1) In general.--
(A) Section 5313 of title 5, United States Code, is amended
by inserting ``Deputy Secretary of the Interior for Indian
Affairs'' after ``Deputy Secretary of the Interior''.
(B) Section 5315 of title 5, United States Code, is amended
by striking ``Assistant Secretaries of the Interior (6)'' and
inserting ``Assistant Secretaries of the Interior (5)''.
(C) Title III of the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4041 et seq.) is amended by
striking the title heading and inserting the following:

``TITLE III--REFORMS RELATING TO TRUST RESPONSIBILITY''.

(D) Section 301(1) of the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4041(1)) is amended
by striking ``by establishing in the Department of the
Interior an Office of Special Trustee for American Indians''
and inserting ``by directing the Deputy Secretary''.
(E) Section 303 of the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4043) is amended--
(i) by striking the section heading and inserting the
following:

``SEC. 303. ADDITIONAL AUTHORITIES AND FUNCTIONS OF THE
DEPUTY SECRETARY.'';

(ii) in subsection (a)(1), by striking ``section 302(b) of
this title'' and inserting ``section 302(a)(2)'';
(iii) in subsection (e)--

(I) by striking the subsection heading and inserting the
following:

``(e) Access of Deputy Secretary.--''; and

(II) by striking ``of his duties'' and inserting ``of the
duties of the Deputy Secretary''; and

(iv) by striking ``Special Trustee'' each place it appears
and inserting ``Deputy Secretary''.
(F) Sections 304 and 305 of the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4044, 4045) are
amended by striking ``Special Trustee'' each place it appears
and inserting ``Deputy Secretary''.
(G) The first section of Public Law 92-22 (43 U.S.C. 1453a)
is repealed.
(H) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Assistant
Secretary of the Interior for Indian Affairs shall be deemed
to be a reference to the Deputy Secretary of the Interior for
Indian Affairs.
(2) Effective date.--The amendments made by this subsection
take effect on the date on which a Deputy Secretary for
Indian Affairs is appointed under section 302 of the American
Indian Trust Fund Management Reform Act (as amended by
subsection (a)).

SEC. 7. COMMISSION FOR REVIEW OF INDIAN TRUST FUND MANAGEMENT
RESPONSIBILITIES.

(a) Establishment.--There is established a commission, to
be known as the ``Commission for Review of Indian Trust Fund
Management Responsibilities'' (referred to in this section as
the ``Commission''), for the purpose of assessing the
fiduciary and management responsibilities of the Federal
Government with respect to Indian tribes and individual
Indian beneficiaries.
(b) Membership.--
(1) In general.--The Commission shall be composed of 12
members, of whom--
(A) 4 members shall be appointed by the President;
(B) 2 members shall be appointed by the Majority Leader of
the Senate;
(C) 2 members shall be appointed by the Minority Leader of
the Senate;
(D) 2 members shall be appointed by the Speaker of the
House of Representatives; and
(E) 2 members shall be appointed by the Minority Leader of
the House of Representatives.
(2) Qualifications.--The membership of the Commission--
(A) shall include a majority of individuals who are
representatives of federally recognized Indian tribes,
including at least 1 representative who is an individual
Indian trust fund account holder; and
(B) shall include members who have experience in--
(i) trust management;
(ii) fiduciary investment management;
(iii) Federal Indian law and policy; and
(iv) financial management.
(3) Chairperson.--The Commission shall select a Chairperson
from among the members of the Commission.
(4) Date of appointments.--The appointment of a member of
the Commission shall be made not later than 90 days after the
date of enactment of this Act.
(5) Term; vacancies.--
(A) Term.--A member shall be appointed for the life of the
Commission.
(B) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original
appointment was made.
(c) Meetings.--
(1) Initial meeting.--Not later than 60 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold the initial meeting of the
Commission.
(2) Procedures.--The Commission shall--

[[Page S9967]]

(A) meet at the call of the Chairperson; and
(B) establish procedures for conduct of business of the
Commission, including public hearings.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(d) Duties.--The Commission shall--
(1) review and assess Federal laws and policies relating to
the management of Indian trust funds;
(2) make recommendations (including legislative and
administrative recommendations) relating to management of
Indian trust funds, including but not limited to options
for--
(A) historical accounting;
(B) settlement of disputed tribal and individual accounts;
and
(C) revisions of--
(i) management standards;
(ii) administrative management structure;
(iii) investment policies and accounting; and
(iv) reporting procedures; and
(3) carry out such other duties as the President may assign
to the Commission.
(e) Report.--Not later than 32 months after the date on
which the Commission holds the initial meeting of the
Commission, the Commission shall submit to Congress, the
Secretary of the Interior, and the Secretary of the Treasury
a report that includes the results of the assessment
conducted, and the recommendations made, by the Commission
under subsection (d).
(f) Powers of Commission.--
(1) Hearings.--The Commission may hold such hearings, meet
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out this section.
(2) Information from federal agencies.--
(A) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this section.
(B) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency shall
provide the information to the Commission.
(3) Access to personnel.--The Commission shall have
reasonable access to staff responsible for Indian trust
management in--
(A) the Department of the Interior;
(B) the Department of Treasury; and
(C) the Department of Justice.
(4) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(5) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(g) Commission Personnel Matters.--
(1) Compensation of members.--
(A) Non-federal employees.--A member of the Commission who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Commission.
(B) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of
the Federal Government.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Commission.
(3) Staff.--
(A) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as are necessary to enable
the Commission to perform the duties of the Commission.
(B) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Commission.
(C) Compensation.--
(i) In general.--Except as provided in clause (ii), the
Chairperson of the Commission may fix the compensation of the
executive director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates.
(ii) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed the
rate payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(h) Exemption From FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Commission.
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
(j) Termination of Commission.--The Commission and the
authority of the Commission under this section terminates on
the date that is 3 years after the date on which the
Commission holds the initial meeting of the Commission.

SEC. 8. REGULATIONS.

The Secretary of the Interior, in consultation with
interested Indian tribes, shall promulgate such regulations
as are necessary to carry out this Act and amendments made by
this Act.

SEC. 9. EFFECT OF ACT.

(a) Court Proceedings.--Nothing in this Act limits the
findings, remedies, jurisdiction, authority, or discretion of
the courts in the matter entitled Cobell v. Norton, Civ. No.
96-1285 (RCL).
(b) Use of Funds.--No funds appropriated for the purpose of
an historical accounting of the individual Indian trust funds
shall be used except as provided in an order of the court in
Cobell v. Norton, Civ. No. 96-1285 (RCL) entered after the
date of enactment of this Act.

Mr. DASCHLE. Mr. President, today I once again join with Senators
John McCain and Tim Johnson in introducing legislation that addresses
the longstanding problem of mismanagement of assets held by the United
States in trust for federally recognized Indian tribes and individual
American Indians.
Indian country has faced many challenges over the years. Few,
however, have had more far-ranging ramifications on the lives of
individual Native Americans, or been more vexing, than that of
restoring integrity to trust fund management.
For over 100 years, the Department of the Interior has administered a
trust fund containing the proceeds of leasing of oil, gas, land and
mineral rights on Indian land for the benefit of Indian people. Today,
that trust fund may owe as much as $10 billion to as many as 500,000
Indians.
To provide some perspective, the 16 tribes of the Great Plains in
South Dakota, North Dakota, and Nebraska hold 10 million acres of trust
lands representing over one-third of the tribal trust assets. Many
enrolled members of the nine South Dakota tribes have individual trust
accounts.
There is little disagreement that current government administration
of the trust fund is a failure. However, there is no consensus on how
to reform it.
Senators McCain, Johnson, and I believe that Congress should be more
assertive in promoting a solution to the trust management problem and
in ensuring that tribes and individual Indian account holders have a
true voice in shaping that solution. That is why we have proposed
legislation that would redesign the trust management process.
Today, Senators McCain, Johnson, and I are introducing a revised
version of S. 175, a trust reform proposal we introduced earlier this
year. This bill incorporates feedback we received from interested
stakeholders and responds to developments that have occurred since S.
175 was introduced.
We are joined in this effort by Representatives Mark Udall and Nick
Rahall who are introducing a companion measure in the House. I commend
them for their commitment to correcting the trust management problem
and value their leadership on this issue.
This legislation lays out legislative standards that form the
cornerstone of the United States of America's trust responsibility to
Indian nations. It directs the Secretary of the Interior to conduct a
historical accounting for all trust accounts, regardless of amount, and
authorizes an Indian tribe to manage Indian trust funds or trust assets
through contracts or compacts. The trust responsibility of the
Secretary or the trust status of funds and assets is not terminated but
a voluntary option of cobeneficiary management is allowed if a tribe
chooses that option.
A clear line of authority for trust management is established by
elevating the Assistant Secretary of Indian Affairs to Deputy Secretary
of Indian Affairs status. The special trustee's responsibilities are
transferred to the Deputy Secretary, and the special trustee is
terminated as intended in the 1994 act.
Finally, a temporary congressional commission is created to review
trust funds management by the Department of the Interior. Comprised of
12 members, it will review and assess Federal management of trust funds
and provide recommendations relating to the administrative and
management duties of the Department.
It is our hope that this proposal will encourage more constructive
dialog among the Congress, the Interior Department, and Indian country
on the

[[Page S9968]]

trust management problem and lead to a true consensus solution. With
that goal in mind, the bill has been reviewed by representatives of the
Great Plains tribes, the Native American Rights Fund, the National
Congress of American Indians, the InterTribal Monitoring Association,
and the tribes of Arizona.
With respect to the Great Plains tribes, I would like to note that
Mike Jandreau, chairman of the Lower Brule Sioux Tribe, has been a
particularly eloquent advocate and effective champion of trust reform.
Mike and Cheyenne River Sioux tribal chairman, Harold Frazier, led very
productive working sessions with tribal leaders from South Dakota,
North Dakota, and Nebraska that both raised awareness of the importance
of this issue and built support for the bill that is being introduced
today.
I commend the commitment and contribution of the participating Great
Plains tribal leaders who have been an integral part of a public
process that will not stop until the trust management problem is
solved. The McCain-Daschle-Johnson bill is intended to contribute to
this result.
It should also be noted and understood that we are not addressing the
Cobell litigation or settlement issues in this bill. Our focus is the
broader trust responsibility of the Department of the Interior.
The issues of trust reform and reorganization within the Bureau of
Indian Affairs are nothing new to us here on Capitol Hill or in Indian
country. Collectively, we have endured many efforts--some well
intentioned and some clearly not--to fix, reform, adjust, improve,
streamline, downsize, and even terminate the Bureau of Indian Affairs
and its trust activities.
These efforts have been pursued under both Republican and Democratic
administrations. Unfortunately, they have rarely included meaningful
involvement of tribal leadership or respected the Federal Government's
treaty obligation to tribes.
Restoring accountability and efficiency to trust management is a
matter of fundamental justice. Nowhere do the principles of self-
determination and tribal sovereignty come more into play than in the
management and distribution of trust funds and assets.
I am deeply disappointed that this problem has not been solved to the
satisfaction of tribal leaders by now. That fight is not over.
An effective long-term solution to the trust problem must be based on
government-to-government dialog. The McCain-Daschle-Johnson bill will
not only provide the catalyst for meaningful tribal involvement in the
search for solutions, it can also form the basis for true trust reform.
I look forward to participating with tribal leaders, administration
officials, and my congressional colleagues in pursuit of this essential
objective.
______

By Mr. KENNEDY (for himself, Ms. Snowe, Mr. Reed, and Mr.
Bingaman):
S. 1460. A bill to amend the Federal Food, Drug, and Cosmetic Act to
preserve the effectiveness of medically important antibiotics used in
the treatment of human and animal diseases; to the Committee on Health,
Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, it is a privilege to join Senator Snowe,
Senator Reed, and Senator Bingaman in introducing The Preservation of
Antibiotics for Medical Treatment Act.
Our legislation is both important and timely because we face
unprecedented challenges to our health and safety from deadly diseases.
As we have seen from SARS, new diseases can arise naturally and spread
rapidly around the world. As we have seen from the anthrax attack,
diseases can also be spread by terrorists.
We rely heavily on miracle drugs and vaccines to protect us against
both of these threats. In fact, antibiotics are our strongest weapon in
combating deadly bacterial diseases. But we have failed for too long to
deal with a related and increasingly serous aspect of the problem the
indiscriminate use of antibiotics for livestock and poultry which is
reducing the effectiveness of these indispensable drugs that have
become the crown jewels of modern medicine.
Every year, literally tons of antibiotics are routinely added to
animal feed to enhance growth, fatten animals, and fatten profits too.
Mounting scientific evidence, though, shows that nontherapeutic use of
antibiotics in agricultural animals can lead to the development of
antibiotic-resistant bacteria. These resistant bacteria are easily
transferred to people by tainted food, making it very difficult or
impossible to treat deadly infections.
The use of antibiotics in medicines began in the 1940s, and in the
last 60 years, many different antibiotics have been discovered and
widely used in treating patients. But the race has accelerated between
patients and bacteria. Miracle drugs have saved countless lives but,
inevitably, as their use in medicine increased, bacteria have developed
resistance as well. Already, some older antibiotics have become useless
in medicine.
There have also been cases of infections resistant even to some of
the newest and most powerful antibiotics. According to the Centers for
Disease Control and Prevention, thousands of Americans die each year
from antibiotic-resistant diseases. The widespread use of antibiotics
in agriculture was clearly contributing to this serious problem. In
1997, the World Health Organization recommended that antibiotics should
not be used to promote animal growth, although they could still be used
to treat sick animals. Last month, McDonald's Corporation took a major
step in dealing with this problem. It announced a directive to its meat
suppliers to stop or reduce the use of antibiotics for growth promotion
of livestock.
The legislation we propose will phase out nontherapeutic uses of
medically important antibiotics in livestock and poultry production,
unless their manufacturers can demonstrate that they are no danger to
public health.
The bill applies the same strict standard to applications for
approval of new animal antibiotics. It does not restrict the use of
antibiotics to treat sick animals or to treat pets and other animals
not used for food.
There may well be certain circumstances in which the use of
antibiotics briefly to prevent the spread of a specific disease in a
limited area is legitimate. I look forward to working with my
colleagues as we move ahead on this legislation to ensure that we
properly distinguish the different uses of antibiotics for disease
prevention.
The bill also recognizes that FDA is conducting needed studies to
analyze the risks of using specific antibiotics in raising animals. The
agency's current risk analysis focuses on the antibiotic known as
virginiamycin. Our legislation allows such studies to be conducted in
determining whether antibiotics can be used with a reasonable certainty
of no harm, and we welcome FDA's scientific analysis of the use of
these products.
In addition, the bill authorizes Federal payments to small family
farms to defray the cost of compliance, and also authorizes research
and demonstration projects to reduce the use of antibiotics in raising
food-producing animals. Finally, the bill provides a needed mechanism
for collecting data to monitor the use of antibiotics in animals, so
that we can stay ahead of the growing public health threat of
antibiotic-resistant bacteria.
The American Medical Association and 300 other organizations support
our legislation. At a time when the nation is relying heavily on
antibiotics to protect our security from bioterrorism, we can't afford
to squander these essential defenses. I urge my colleagues to support
this legislation, and I look forward to its enactment.
Ms. SNOWE. Mr. President, I rise today to join my colleague from
Massachusetts, Senator Kennedy, in introducing legislation addressing
the critical issue of bacterial resistance to antibiotics arising from
overuse of these valuable drugs in humans and animals.
Alexander Fleming's discovery of the antibacterial effects of
penicillin in 1929 represented the dawning of a new era in medicine. In
the decades after its discovery, penicillin became a miracle drug--
allowing physicians to cure diseases that previously would have been
untreatable--and literally saved millions of lives.
Antibiotics are crucial in curing a variety of common diseases that
could result in severe illness or even death if left untreated. The
anthrax attacks

[[Page S9969]]

after September 11 showed us another need for antibiotics that sadly is
a continuing threat in our global community--bioterrorism. Many of us
in the Capitol relied on the effective treatment of antibiotics to
counteract exposure to the anthrax spores and maintain our health
during those weeks and months when our Nation was grieving the horrible
impact of terrorism in our homeland.
Unfortunately, decades after the discovery of penicillin and other
antibiotics, diseases of bacterial origin remain a real and increasing
threat to public health. Overuse of medically important antibiotics in
humans and animals promotes resistance in bacteria. Infections caused
by resistant bacteria cannot be treated with traditional antibiotics.
If left unchecked, the problem of bacterial resistance represents an
impending public health crisis.
Recogizing the public health threat, Congress already took steps to
curb antibiotic overuse in humans by amending the Public Health Service
Act and the Public Health Threats and Emergencies Act. Unfortunately,
the issue of antibiotic overuse in animals has not been addressed in
Federal law.
We recognize the value of antibiotics in treating disease in humans
and animals. Unfortunately, it is common practice to put antibiotics,
which are similar or identical to those used in human medicine, in the
food or water of healthy animals intended for human consumption to
promote these animals' growth and compensate for their unsanitary
conditions. This practice poses an environmental threat and jeopardizes
the effectiveness of these drugs in treating ill people and animals.
Our legislation provides for the phased elimination of nontherapeutic
use of medically important antibiotics in food animals unless such
usage is deemed safe through rigorous scientific evaluation.
Foodborne illness affects millions of Americans each year and is
estimated to cost the economy up to $35 billion annually in medical
expenses and lost productivity alone. Tragically, the worst foodborne
illnesses cause thousands of deaths and disproportionally target the
very young and the elderly each year in the United States. The impact
of foodborne illness in developing countries is even more severe. By
itself, the magnitude of this public health hazard necessitates action
to ensure the safety of our food supply. I hope the improved data
collection and monitoring of antibiotics used in food animals included
in our legislation will help provide a more complete picture of the
contributing factors to these devastating illnesses.
Our legislation provides for research and demonstration grants to
colleges and universities to exploit advances in biotechnology and
animal science to discover new, safer methods of inexpensive,
responsible agricultural productivity. We appreciate the good
intentions of the many farmers across our Nation, and our legislation
establishes transition funds to help these families and businesses
implement changes that will benefit us all.
I have received numerous letters from groups and individuals in Maine
who were concerned that the overuse of antibiotics in animal
agriculture was not being actively addressed by Congress. I appreciate
all who took the time to voice their concerns to me. I extend my
personal thanks to all who have invested so much time and energy in
educating Members of Congress as well as the public on this critical
issue.
I am pleased to join Senator Kennedy in introducing legislation today
that will address this crucial issue. I applaud the steps that some
businesses have taken voluntarily to discourage use of antibiotics in
healthy animals. It is my hope that our legislation as well as the
voluntary efforts by businesses across the Nation will help to ensure
that we have drugs available that are effective in treating diseases
for many years to come.
______

By Mr. McCAIN:
S. 1461. A bill to establish two new categories of nonimmigrant
workers, and for other purposes; to the committee on the Judiciary.
Mr. McCAIN. Mr. President, in the aftermath of the September 11
attacks, our Nation awoke to the realization that we are not as safe as
we once believed. Soon after, we began critical efforts to improve our
homeland security. Those efforts remain ongoing today. As we work to
improve the security of our homeland, securing our borders remains one
of the most difficult and important challenges facing our Nation today.
The simple fact is, our borders are not secure, and no amount of money,
equipment, or manpower alone will not ensure the safety of our Nation.
Over the past several years, I have supported many efforts to improve
border security and address the repercussions of poor enforcement and
failed immigration policies. It is imperative that we not shirk from
what are Federal responsibilities. We must address the many unfunded
mandates born by States and local communities because control of
immigration is principally the responsibility of the Federal
Government. We must continue efforts designed to improve infrastructure
and technology at and between our ports of entry as well as enhance
coordination between Federal, State and local law enforcement
personnel. However, without comprehensive immigration reform, all of
these efforts will be ineffective and meaningless.
In order to address these concerns and to balance the need to secure
our borders while addressing the inconsistencies and contradictions of
our Nation's immigration policy, I am introducing the Border Security
and Immigration Improvement Act. This bill is the first comprehensive
immigration reform package introduced this Congress, and I hope that it
will serve to initiate an important and necessary dialog so that we may
address the security needs of our country and reform our failed
immigration system.
The Border Security and Immigration Improvement Act establishes two
new visa programs. One addresses individuals wishing to enter the
United States to work on a short-term basis while the other will be
available for the undocumented immigrants currently residing in the
U.S.
Fully cognizant of the failures and abuses of previous temporary
worker programs, I am committed to ensuring that this new program
prevents abuse and protects the rights of workers. Important
protections are built into the new visa program. Complete portability
across all sectors will allow workers the freedom to leave abusive
employers and seek work elsewhere. This program would allow employers
to immediately apply for permanent resident status on behalf of the
employee, but unlike previous programs, this bill would allow workers
self-petition after 3 years so that no employer could use residency
status to manipulate and abuse any worker. Additionally, all U.S. labor
laws are applicable to ensure full worker protection.
In another departure from previous visa programs, this legislation
does not put a finite number on the available visas, rather it is
designed to allow the market to dictate the need for workers. Through
the establishment of a job registry system, U.S. employers in need of
workers can post available jobs on this registry. To ensure that U.S.
workers do not lose out on valuable job opportunities, each job posted
on the registry must be available to U.S. workers for a minimum of 14
days before it is open to a foreign worker. Additionally, to ensure
that we do not incentivize employers to look abroad for labor that is
less expensive than the domestic workforce, all employers will be
charged a fee for the worker's visa.
The second visa program included in this bill addresses the estimated
6 to 10 million people currently residing in the United States. Today,
undocumented immigrants live in constant fear, in a shadowy underground
that affords them limited opportunities and frequently leads to both
exploitation and abuse. Establishing a process by which this population
can voluntarily come forward and seek legal status is a necessary
component to comprehensive immigration reform and ensuring the safety
of our Nation.
Under this bill, every undocumented individual currently residing in
the U.S. will have the opportunity to obtain a visa authorizing them to
remain in the United States and work for 3 years, after which time they
may apply for the temporary worker visa program which has a built in
path to permanent legal residency.
Every year, millions of people enter this country legally, in a
monitored

[[Page S9970]]

and controlled manner. Although a majority enter legally, an increasing
number of people risk their lives to cross our borders illegally.
According to the U.S. Border Patrol apprehension statistics, it is
estimated that almost 4 million people crossed our borders illegally in
2002. The majority of these people are seeking the American dream,
looking for a good paying job that will enable them to provide a better
life for themselves and their families. We must recognize that as long
as there are jobs available and employers in need of workers, people
will continue to migrate. Our Nation was built by immigrants, and like
those who came hundreds of years ago, this population represents a
significant portion of our workforce.
In recent years, improved security and enhanced infrastructure in
California and Texas have created a funneling effect through the
Sonoran desert, which straddles Arizona and the Mexican State of
Sonora. This is easily the most treacherous portion of the southern
border, and in recent years, it has become more dangerous. Last fiscal
year, an estimated 320 people died crossing the southern border into
this country, 145 of those deaths were in the Arizona desert. Since
last October, over 200 people have died, 113 along the Arizona border.
The Arizona Republic found that undocumented immigrants are seven times
as likely to die crossing the Arizona-Mexico border now than they were
5 years ago.
Many people desperate to cross the border pay large sums of money to
human smugglers who guarantee their entrance into the U.S. Our Nation
witnessed the extreme danger of human smugglers first hand in May when
100 people were found packed into a tractor trailer truck at a truck
stop in Victoria, TX. These people, abandoned by their smugglers, were
trapped for hours in the extreme desert heat. Nineteen people died as a
result.
These are not merely numbers, these figures represent men, women, and
children. This unnecessary loss of human life deserves our Nation's
attention and should compel all of us to action. Our current border and
immigration policies create a contradictory situation whereby we
attempt to keep people from crossing our borders illegally but reward
those who survive the dangerous journey with bountiful employment
opportunities. This system is not sustainable.
In addition to the human tragedy, this mass migration also represents
a threat to our national security. Although over 99 percent of the
people crossing our borders do not intend to harm Americans, we must be
cognizant of the fact that a small number do. As long as we are unable
to control and monitor who enters our country and what they bring in,
Americans will not be safe. We must establish a system by which to
allow people seeking work to enter the country in a safe manner,
through controlled ports of entry--freeing up Federal agents to monitor
the border and focus their efforts on the individuals who do pose a
potential threat to our national security.
We can no longer afford to bury our heads in the sand and expect this
problem to go away. Anyone who has visited the border and seen the
challenges we face first hand or who hears of the number of unnecessary
deaths, must recognize that we can no longer ignore this problem. It is
time we dispense with partisan politics and put human lives and our
national security above special interest groups. I hold no illusions.
Reforming our Nation's immigration laws will not be an easy task. This
will be a long and arduous process, however we must not let the
difficulty dissuade us from trying, and this legislation represents a
meaningful first step. I am committed to this issue and to working
towards a balanced solution to this crisis.
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. 1461

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Border Security and
Immigration Improvement Act''.

SEC. 2. NEW NONIMMIGRANT WORKER VISA CATEGORIES.

Section 101(a)(15)(H) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)) is amended--
(1) by striking ``or (iii)'' and inserting ``(iii)''; and
(2) by striking ``and the alien spouse'' and inserting the
following:

``or (iv)(a) subject to section 218A, who is coming to the
United States to fill a job opportunity for temporary full-
time employment at a place in the United States; or (b) whose
status is adjusted under section 251 and who (except in the
case of a spouse or child provided derivative status) is
employed in the United States; and, except as provided in
sections 218A and 251, the alien spouse''.

SEC. 3. ADMISSION OF TEMPORARY H-4A WORKERS.

(a) In General.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
inserting after section 218 the following:

``admission of temporary h-4a workers

``Sec. 218A. (a) Petition.--In the case of a petition under
section 214(c) initially to grant an alien nonimmigrant
status described in section 101(a)(15)(H)(iv)(a), the
Secretary of Homeland Security--
``(1) shall impose a fee on the petitioning employer of--
``(A) $1000, in the case of an employer employing more than
500 employees; or
``(B) $500, in the case of any other employer; and
``(2) shall approve the petition only after determining
that the petitioning employer--
``(A) has satisfied the recruitment requirements of
subsection (i); and
``(B) has attested in such petition that the employer--
``(i) with respect to the employment eligibility
confirmation system established under subsection (j)--

``(I) will use such system to verify the alien's identity
and employment authorization after such approval and before
the commencement of employment;
``(II) will advise the alien of any nonconfirmation with
respect to the alien provided by such system; and
``(III) will provide the alien an opportunity to correct
the information in the system causing such nonconfirmation
before revoking the offer of employment in order that the
requirement of subclause (I) is satisfied before the
commencement of employment;

``(ii) will provide the nonimmigrant the same benefits,
wages, and working conditions provided to other employees
similarly employed in the same occupation at the place of
employment;
``(iii) will require the nonimmigrant to work hours
commensurate with those of such other employees;
``(iv) will not ask the nonimmigrant to refrain from
accepting work for any competitor of the employer;
``(v) did not displace and will not displace a United
States worker (as defined in section 212(n)(4)) employed by
the employer within the period beginning 90 days before and
ending 90 days after the date of filing of the petition; and
``(vi) otherwise will comply with all applicable Federal,
State, and local labor laws, including laws affecting migrant
and seasonal agricultural workers, with respect to the
nonimmigrant.
``(b) Nonimmigrant Visas.--
``(1) No fee.--Neither the Secretary of State, nor the
Secretary of Homeland Security, shall authorize the
imposition of an application fee on an alien seeking a
nonimmigrant visa under section 101(a)(15)(H)(iv)(a) in an
amount that exceeds the actual cost of processing and
adjudicating such application.
``(2) Biometric identifiers.--The Secretary of State and
the Secretary of Homeland Security shall issue to aliens
obtaining status under section 101(a)(15)(H)(iv)(a) only
machine-readable, tamper-resistant visas and other travel and
entry documents that use biometric identifiers. The Secretary
of State and the Secretary of Homeland Security shall jointly
establish document authentication standards and biometric
identifier standards to be employed on such visas and other
travel and entry documents from among those biometric
identifiers recognized by domestic and international
standards organizations.
``(3) Physical examination.--Prior to the issuance of a
nonimmigrant visa to any alien under section
101(a)(15)(H)(iv)(a), the consular officer shall require such
alien to submit to a medical examination to ascertain whether
such alien is ineligible to receive a visa on a health-
related ground.
``(4) Priority for visitor visas for immediate relatives.--
In the case of an alien who is the spouse, parent, son, or
daughter of a nonimmigrant described in section
101(a)(15)(H)(iv), if the alien is applying for a
nonimmigrant visa under section 101(a)(15)(B)--
``(A) the alien's application shall be given priority; and
``(B) notwithstanding sections 214(b) and 291, in
establishing that the alien has a residence in a foreign
country which the alien has no intention of abandoning, the
burden of proof required shall not be greater than a
preponderance of the evidence.
``(5) Visits outside united states.--Pursuant to
regulations established by the Secretary of Homeland
Security, an alien having status as a nonimmigrant described
in section 101(a)(15)(H)(iv)(a) may make brief visits outside
the United States and may be readmitted without having to
obtain a new

[[Page S9971]]

visa. Such periods of time spent outside the United States
shall not cause the period of authorized admission in the
United States to be extended.
``(c) Period of Authorized Admission.--
``(1) Initial period.--In the case of a nonimmigrant
described in section 101(a)(15)(H)(iv)(a), the initial period
of authorized admission as such a nonimmigrant shall be 3
years.
``(2) Renewals.--
``(A) In general.--The Secretary of Homeland Security may
extend such period not more than once, in a 3-year increment.
``(B) Treatment of long-term employees.--In any case in
which a nonimmigrant has held a job for 3 years or more, an
extension under subparagraph (A) may be granted only upon the
filing of a petition by the nonimmigrant's employer
establishing that--
``(i) not earlier than 2 months prior to such filing, the
employer advertised the availability of the nonimmigrant's
job exclusively to United States workers for not less than 14
days using the electronic job registry described in
subsection (i); and
``(ii) the employer offered the job to any eligible United
States worker who applied by means of such registry and was
equally or better qualified for such job and available at the
time and place of need.
(C) No fees.--The Secretary of Homeland Security shall not
impose a fee on a petitioning employer in the case of a
petition to extend the stay of an alien having nonimmigrant
status described in section 101(a)(15)(H)(iv)(a).
``(3) Loss of employment.--
``(A) In general.--Subject to subsection (e), any period of
authorized admission of an alien having nonimmigrant status
described in section 101(a)(15)(H)(iv)(a) shall terminate if
the nonimmigrant is unemployed for 45 or more consecutive
days.
`'(B) Return to foreign residence.--An alien whose period
of authorized admission terminates under subparagraph (A)
shall be required to return to the country of the alien's
nationality or last residence.
``(C) Visa validity.--An alien whose period of authorized
admission terminates under subparagraph (A), and who returns
to the country of the alien's nationality or last residence
under subparagraph (B), may reenter the United States on the
basis of the same visa to resume the status existing at the
time of the alien's departure if the alien satisfies all the
other requirements otherwise applicable to an alien seeking
an initial grant of status under section
101(a)(15)(H)(iv)(a). The period of authorized admission of
an alien entering under this subparagraph shall expire on the
date on which it would have expired had the alien not been
required to depart the United States.
``(d) Return Transportation.--
``(1) In general.--In the case of an alien who is provided
nonimmigrant status under section 101(a)(15)(H)(iv)(a) and
who is dismissed without cause from employment by the
employer before the end of the period of authorized
admission, the employer shall be liable for the reasonable
costs of return transportation of the alien abroad and may
not require or permit the alien to reimburse, or otherwise
compensate, the employer for part or all of such costs.
``(2) Civil money penalty.--If the Secretary of Homeland
Security finds, after notice and opportunity for a hearing, a
failure to meet a condition of paragraph (1), the Secretary--
``(A) shall require the employer to pay each nonimmigrant
with respect to whom such a failure occurs the costs owed
under paragraph (1); and
``(B) may impose a civil money penalty in an amount not to
exceed $5,000 for each nonimmigrant with respect to whom such
a failure occurs.
``(e) Portability.--
``(1) In general.--A nonimmigrant alien described in
paragraph (2) who was previously issued a visa or otherwise
provided nonimmigrant status under section
101(a)(15)(H)(iv)(a) is authorized to accept new employment
upon the filing by the prospective employer of a new petition
on behalf of such nonimmigrant as provided under subsection
(a). The Secretary of Homeland Security shall impose a fee
for such a petition consistent with the fee imposed under
subsection (a)(1). Employment authorization shall continue
for such alien until the new petition is adjudicated. If the
new petition is denied, no other such petition is pending,
and the alien has ceased employment with the previous
employer, such authorization shall cease and the alien shall
be required to return to the country of the alien's
nationality or last residence in accordance with subsection
(c)(3).
``(2) Aliens described.--A nonimmigrant alien described in
this paragraph is a nonimmigrant alien--
``(A) who has been lawfully admitted into the United
States;
``(B) on whose behalf an employer has filed a nonfrivolous
petition for new employment not later than 45 days after the
last date on which the employee was lawfully employed in the
United States; and
``(C) who, subsequent to such lawful admission, has not
been employed without authorization in the United States.
``(f) Treatment of Spouses and Children.--
``(1) Spouses.--A spouse of an alien having nonimmigrant
status described in section 101(a)(15)(H)(iv)(a) shall not be
eligible for derivative status by accompanying or following
to join the alien. Such a spouse may obtain status under
section 101(a)(15)(H)(iv)(a) based only on an independent
petition filed by an employer petitioning under subsection
(a) with respect to the employment of the spouse.
``(2) Children.--A child of an alien having nonimmigrant
status described in section 101(a)(15)(H)(iv)(a) shall not be
eligible for the same nonimmigrant status unless--
``(A) the child is accompanying or following to join the
alien; and
``(B) the alien is the sole custodial parent of the child
or both custodial parents of the child have obtained such
status.
``(3) Special rule for spouses and children of former h-4b
nonimmigrants.--In the case of a spouse or child of an alien
who was a nonimmigrant described in section
101(a)(15)(H)(iv)(b) before obtaining a change in
nonimmigrant status to that of a nonimmigrant under section
101(a)(15)(H)(iv)(a), the spouse or child shall be eligible
for nonimmigrant status under section 101(a)(15)(H)(iv)(a) if
the principal alien is the only alien among them authorized
to be employed in the United States.
``(g) Grounds for Ineligibility.--
``(1) Bar to future visas for condition violations.--Any
alien having nonimmigrant status described in section
101(a)(15)(H)(iv)(a) shall not again be eligible for the same
nonimmigrant status if the alien violates any term or
condition of such status.
``(2) Aliens unlawfully present.--Any alien who enters the
United States after August 1, 2003, without being admitted or
paroled shall be ineligible for nonimmigrant status described
in section 101(a)(15)(H)(iv)(a) during the 3-year period
beginning on the date of such alien's departure or removal
from the United States,
``(h) Adjustment to Lawful Permanent Resident Status.--
``(1) In general.--For purposes of adjustment of status
under section 245(a), employment-based immigrant visas shall
be made available without numerical limitation to an alien
having nonimmigrant status described in section
101(a)(15)(H)(iv)(a) upon the filing of a petition for such a
visa--
``(A) by the alien's employer; or
``(B) by the alien, but only if the alien has maintained
such nonimmigrant status for at least 3 years.
``(2) Construction.--The fact that an alien is the
beneficiary of a petition described in paragraph (1), or has
otherwise sought permanent residence in the United States,
shall not constitute evidence of ineligibility for
nonimmigrant status under section 101(a)(15)(H)(iv)(a).
``(3) Special rule for former h-4b nonimmigrants.--In the
case of an alien who was a nonimmigrant described in section
101(a)(15)(H)(iv)(b) before obtaining a change in
nonimmigrant status to that of a nonimmigrant under section
101(a)(15)(H)(iv)(a), in determining admissibility for
purposes of adjustment of status under section 245(a), the
grounds for inadmissibility specified in paragraphs (6)(A),
(6)(B), (6)(C), (7)(A), and (9)(B) of section 212(a) shall
not apply.
``(i) Mandatory Use of Electronic Job Registry.--
``(1) Advertisement of job opportunity to u.s. workers.--In
order to satisfy the recruitment requirements of this
subsection, the employer shall have--
``(A) taken good faith steps to recruit United States
workers for the job for which the nonimmigrant is sought,
including advertising the job opportunity exclusively to
United States workers for not less than 14 days on an
electronic job registry established by the Secretary of Labor
(or a designee of the Secretary, which may be a
nongovernmental entity) to carry out this section;
``(B) offered the job to any United States worker who
applied by means of such registry and was equally or better
qualified for the job for which the nonimmigrant was sought;
and
``(C) advertised and offered the job to individuals other
than United States workers solely by means of such registry
and after the termination of such 14-day period.
``(2) Exception.--The requirements of this subsection shall
not apply to any employer who is continuing--
``(A) employment of an employee granted a change in
nonimmigrant status from that of a nonimmigrant under section
101(a)(15)(H)(iv)(b) to that of a nonimmigrant under section
101(a)(15)(H)(iv)(a); or
``(B) self-employment after being granted such a change in
status.
``(3) Availability of job registry information.--
``(A) Circulation in interstate employment service
system.--The Secretary of Labor shall ensure that job
opportunities advertised on the electronic job registry
established under this subsection are circulated through the
interstate employment service system and otherwise furnished
to State public employment services throughout the country.
``(B) Internet.--Consistent with subsection (c)(2)(B) and
this subsection, the Secretary of Labor shall ensure that the
electronic job registry established under this subsection may
be accessed by all interested workers, employers, and labor
organizations by means of the Internet.
``(4) Definition.--For purposes of this subsection, the
term `United States worker' means an individual who--

[[Page S9972]]

``(A) is a citizen or national of the United States; or
``(B) is an alien who is lawfully admitted for permanent
residence, is admitted as a refugee under section 207, is
granted asylum under section 208, or is an immigrant
otherwise authorized, by this Act or by the Secretary of
Homeland Security, to be employed.
``(j) Employment Eligibility Confirmation System.--
``(1) In general.--The Secretary of Homeland Security shall
establish a confirmation system through which the Secretary
(or a designee of the Secretary, which may be a
nongovernmental entity)--
``(A) responds to inquiries made by persons and other
entities (including those made by the transmittal of data
from machine-readable documents) at any time through a toll-
free telephone line or other toll-free electronic media
concerning an individual's identity and whether the
individual is authorized to be employed; and
``(B) maintains records of the inquiries that were made, of
confirmations provided (or not provided), and of the codes
provided to inquirers as evidence of their compliance with
their obligations under the this Act.
``(2) Initial response.--The confirmation system shall
provide confirmation or a tentative nonconfirmation of an
individual's identity and employment eligibility within 3
working days of the initial inquiry. If providing
confirmation or tentative nonconfirmation, the confirmation
system shall provide an appropriate code indicating such
confirmation or such nonconfirmation.
``(3) Secondary verification process in case of tentative
nonconfirmation.--In cases of tentative nonconfirmation, the
Secretary of Homeland Security shall specify, in consultation
with the Commissioner of Social Security, an available
secondary verification process to confirm the validity of
information provided and to provide a final confirmation or
nonconfirmation within 10 working days after the date of the
tentative nonconfirmation. When final confirmation or
nonconfirmation is provided, the confirmation system shall
provide an appropriate code indicating such confirmation or
nonconfirmation.
``(4) Design and operation of system.--The confirmation
system shall be designed and operated--
``(A) to maximize its reliability and ease of use
consistent with insulating and protecting the privacy and
security of the underlying information;
``(B) to respond to all inquiries made by employers seeking
to employ nonimmigrants described in section
101(a)(15)(H)(iv) on whether individuals are authorized to be
employed and to register all times when such inquiries are
not received;
``(C) with appropriate administrative, technical, and
physical safeguards to prevent unauthorized disclosure of
personal information; and
``(D) to have reasonable safeguards against the system's
resulting in unlawful discriminatory practices based on
national origin or citizenship status, including--
``(i) the selective or unauthorized use of the system to
verify eligibility;
``(ii) the use of the system prior to an offer of
employment; or
``(iii) the exclusion of certain individuals from
consideration for employment as a result of a perceived
likelihood that additional verification will be required,
beyond what is required for most job applicants.
``(5) Responsibilities of the commissioner of social
security.--
``(A) In general.--As part of the confirmation system, the
Commissioner of Social Security, in consultation with the
entity responsible for administration of the system, shall
use the information maintained by the Commissioner to assist
in confirming (or not confirming) the identity and employment
eligibility of an individual in a manner that is determined
by the Secretary of Homeland Security to be reliable, secure,
not susceptible to identity theft, and to minimize fraud. The
Commissioner shall not disclose or release social security
information (other than such confirmation or
nonconfirmation).
``(6) Responsibilities of the secretary.--As part of the
confirmation system, the Secretary of Homeland Security, in
consultation with the entity responsible for administration
of the system, shall establish a reliable, secure method,
which, within the time periods specified under paragraphs (2)
and (3), compares the name of the alien, the alien
identification or authorization number, the date, and the
workplace location which are provided in an inquiry against
such information maintained by the Secretary in order to
confirm (or not confirm) the identity and employment
eligibility of an individual in a manner that is determined
by the Secretary to be reliable, secure, not susceptible to
identity theft, and to minimize fraud.
``(7) Updating information.--The Commissioner of Social
Security and the Secretary of Homeland Security shall update
their information in a manner that promotes the maximum
accuracy and shall provide a process for the prompt
correction of erroneous information, including instances in
which it is brought to their attention in the secondary
verification process described in paragraph (3).
``(8) Limitation on use.--Notwithstanding any other
provision of law, nothing in this subsection shall be
construed to permit or allow any department, bureau, or other
agency of the United States Government to utilize any
information, data base, or other records assembled under this
subsection for any other purpose other than as provided for
under this section or section 251.
``(k) Enforcement of Employer Obligations.--
``(1) In general.--
``(A) Secretary of homeland security.--Except as provided
in paragraphs (2) and (3), if the Secretary of Homeland
Security finds, after notice and opportunity for a hearing, a
failure to meet a condition of subsection (a)(2), the
Secretary may impose a civil money penalty in an amount not
to exceed $10,000 for each nonimmigrant with respect to whom
such a failure occurs.
``(B) Secretary of labor.--Except as provided in paragraphs
(2) and (3), the Secretary of Labor exclusively may exercise
any enforcement authority granted in the Fair Labor Standards
Act of 1938 (29 U.S.C. 201 et seq.) to address a failure to
meet a condition of subsection (a)(2).
``(2) Prohibition on fee reimbursement.--An employer who
has filed a petition under section 214(c) to grant an alien
nonimmigrant status described in section 101(a)(15)(H)(iv)(a)
may not require the alien to reimburse, or otherwise
compensate, the employer for part or all of the cost of the
fee imposed under subsection (a)(1). It is a violation of
this paragraph for such an employer otherwise to accept any
reimbursement or compensation from such an alien as a
condition on employment. If the Secretary of Homeland
Security finds, after notice and opportunity for a hearing, a
violation of this paragraph, the Secretary may impose a civil
money penalty in an amount not to exceed $10,000 for each
such violation.
``(3) Required use of employment eligibility confirmation
system.--If the Secretary of Labor finds, after notice and
opportunity for a hearing, a failure to use the employment
eligibility confirmation system established under subsection
(j) to verify a nonimmigrant's identity and employment
authorization before the commencement of employment, or any
other violation of subsection (a)(2)(B)(i), the Secretary may
impose a civil money penalty in an amount not to exceed
$5,000 for each nonimmigrant with respect to whom such a
violation occurs.
``(4) Wage protections.--For purposes of subsection
(a)(2)(B)(ii), all provisions of Federal, State, and local
law pertaining to payment of wages shall apply to
nonimmigrants described in section 101(a)(15)(H)(iv)(a) in
the same manner as they apply to other employees similarly
employed in the same occupation at the place of employment.
``(l) Labor Recruiters.--The Secretary of Labor shall
develop rules regulating the conduct of labor recruiters
under this section.''.
(b) Exemption From Numerical Limitations on Adjustment of
Status.--Section 201(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the
following:
``(F) Nonimmigrants described in section
101(a)(15)(H)(iv)(a) whose status is adjusted to permanent
resident under section 245(a).''.
(c) Conforming Amendment Regarding Presumption of
Nonimmigrant Status.--Section 214(b) of the Immigration and
Nationality Act (8 U.S.C. 1184(b)) is amended by striking
``(other than a nonimmigrant described in subparagraph
(H)(i), (L), or (V) of section 101(a)(15))'' and inserting
``(other than a nonimmigrant described in subparagraph (L) or
(V) of section 101(a)(15), and other than a nonimmigrant
described in clause (i) or (vi)(a) of section
101(a)(15)(H))''.
(d) Assistance to Foreign Governments.--The Secretary of
Labor and the Secretary of State shall consult with and
advise foreign governments in the use and construction of
facilities to assist their nationals in obtaining
nonimmigrant status under section 101(a)(15)(H)(iv)(a) of the
Immigration and Nationality Act, as added by section 2.
(e) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 218
the following:

``Sec. 218A. Admission of temporary H-4A workers.''.

SEC. 4. ADJUSTMENT OF STATUS TO THAT OF H-4B NONIMMIGRANT.

(a) In General.--Chapter 5 of title II of the Immigration
and Nationality Act (8 U.S.C. 1255 et seq.) is amended by
inserting after section 250 the following:

``adjustment of status to that of h-4b nonimmigrants

``Sec. 251. (a) In General.--The Secretary of Homeland
Security may adjust the status of an alien to that of a
nonimmigrant under section 101(a)(15)(H)(iv)(b) if the alien
meets the following requirements:
``(1) Unlawful residence since 2003.--
``(A) In general.--The alien must establish that the alien
entered the United States before August 1, 2003, and has
resided in the United States in an unlawful status since such
date and through the date the application is filed under this
subsection.
``(B) Nonimmigrants.--In the case of an alien who entered
the United States as a nonimmigrant before August 1, 2003,
the alien must establish that the alien's period of
authorized stay as a nonimmigrant expired before such date
through the passage of time or the alien's unlawful status
was known to the Federal Government as of such date.
``(C) Exchange visitors.--If the alien was at any time a
nonimmigrant exchange alien (as defined in section
101(a)(15)(J)), the alien must establish that the alien was
not subject

[[Page S9973]]

to the two-year foreign residence requirement of section
212(e) or has fulfilled that requirement or received a waiver
thereof.
``(2) Admissible as immigrant.--The alien must establish
that the alien--
``(A) is not inadmissible to the United States under
paragraph (2), (3), or (4) of section 212(a);
``(B) has not been convicted of any felony or misdemeanor
committed in the United States, excluding crimes related to
unlawful entry or presence in the United States and crimes
related to document fraud undertaken for the purpose of
satisfying a requirement of this Act or obtaining a benefit
under this Act; and
``(C) has not assisted in the persecution of any person or
persons on account of race, religion, nationality, membership
in a particular social group, or political opinion.
``(3) Employed.--The alien must establish that the alien--
``(A) was employed in the United States before August 1,
2003, and has worked in the United States since such date and
through the date the application is filed under this
subsection; or
``(B) is the spouse or child of an alien who satisfies the
requirement of subparagraph (A).
``(b) Application Fee.--
``(1) In general.--The Secretary of Homeland Security shall
provide for a fee to be charged for the filing of
applications for adjustment of status under this section.
Such fee shall be sufficient to cover the administrative and
other expenses incurred in connection with the review of such
applications.
``(2) Penalty payment.--
``(A) In general.--In addition to the fee imposed under
paragraph (1), except as provided in subparagraph (B), the
Secretary of Homeland Security may accept an application for
adjustment of status under this section only if the alien
remits with such application $1,500, but such sum shall not
be required from a child under the age of 17.
``(B) Wage garnishment.--
``(i) In general.--In lieu of paying the sum under
subparagraph (A) upon filing the application, an alien may
elect to pay such sum by having the Secretary of Homeland
Security garnish 10 percent of the disposable pay of the
alien, in accordance with section 3720D of title 31, United
States Code.
``(ii) Interest.--In the case of an outstanding debt
created by an election under clause (i), the Secretary of
Homeland Security shall charge an annual fixed rate of
interest on the debt that is equal to the bond equivalent
rate of 5-year Treasury notes auctioned at the final auction
held prior to the date on which interest begins to accrue.
``(iii) Final payment.--Any outstanding debt created by an
election under clause (i), and any interest due under clause
(ii), shall be considered delinquent if not paid in full 30
days after the end of the alien's period of authorized stay
as a nonimmigrant described in section 101(a)(15)(H)(iv)(b).
``(3) Use of funds for administering program.--
``(A) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the `H-4B Nonimmigrant Applicant Account'. Notwithstanding
any other section of this title, there shall be deposited as
offsetting receipts into the account all fees and penalties
collected under this subsection.
``(B) Expenditure.--Amounts deposited into the H-4B
Nonimmigrant Petitioner Account shall remain available to the
Secretary of Homeland Security until expended to carry out
duties related to nonimmigrants described in section
101(a)(15)(H)(iv)(b).
``(c) Admissions.--Nothing in this section shall be
construed as authorizing an alien to apply for admission to,
or to be admitted to, the United States in order to apply for
adjustment of status under this section.
``(d) Stay of Removal.--
``(1) In general.--The Secretary of Homeland Security shall
provide by regulation for an alien subject to a final order
of deportation or removal to seek a stay of such order based
on the filing of an application under subsection (a).
``(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the
Secretary of Homeland Security shall not order any alien to
be removed from the United States, if the alien is in
exclusion, deportation, or removal proceedings under any
provision of such Act and has applied for adjustment of
status under subsection (a), except where the Secretary has
rendered a final administrative determination to deny the
application.
``(e) Period of Authorized Stay.--In the case of a
nonimmigrant described in section 101(a)(15)(H)(iv)(b), the
period of authorized stay as such a nonimmigrant shall be 3
years. The Secretary of Homeland Security may not authorize a
change from such nonimmigrant classification to any other
immigrant or nonimmigrant classification until the
termination of such 3-year period. Such period may not be
extended except in the discretion of the Secretary and for a
reasonable time solely in order to accommodate the processing
of an application for a change in nonimmigrant status to that
of a nonimmigrant under section 101(a)(15)(H)(iv)(a) pursuant
to a petition described in section 218A(a).
``(f) Required Use of Employment Eligibility Confirmation
System.--
``(1) In general.--It is unlawful for a person or other
entity to hire for employment in the United States a
nonimmigrant described in section 101(a)(15)(H)(iv)(b)
without--
``(A) using the employment eligibility confirmation system
established under section 218A(j) to verify the
nonimmigrant's identity and employment authorization before
the commencement of employment;
``(B) advising the nonimmigrant of any nonconfirmation with
respect to the nonimmigrant provided by such system; and
``(C) providing the nonimmigrant an opportunity to correct
the information in the system causing such nonconfirmation
before revoking the offer of employment in order that the
requirement of subparagraph (A) is satisfied before the
commencement of employment.
``(2) Civil money penalty.--If the Secretary of Labor
finds, after notice and opportunity for a hearing, a failure
to meet a violation of paragraph (1), the Secretary may
impose a civil money penalty in an amount not to exceed
$5,000 for each nonimmigrant with respect to whom such a
violation occurs.
``(g) Extension of H-4A Labor Protections to H-4B
Nonimmigrants.--A person or other entity employing a
nonimmigrant described in section 101(a)(15)(H)(iv)(b) shall
comply with the requirements of clauses (ii) through (vi) of
section 218A(a)(2) in the same manner as an employer having
an approved petition described in section 218A(a). The
Secretary of Labor exclusively may exercise any enforcement
authority granted in the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.) to address a failure to meet a
requirement of this subsection.''.
(b) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 250
the following:

``Sec. 251. Adjustment of status to that of H-4B nonimmigrant.''.

SEC. 5. INCREASED FUNDS FOR UNITED STATES EMPLOYMENT SERVICE.

There are authorized to be appropriated to the Secretary of
Labor such additional sums as may be necessary for fiscal
year 2004 and subsequent fiscal years to permit the United
States Employment Service to assist State public employment
services in meeting any increased demand for services by
employers and persons seeking employment engendered by the
amendments made by this Act.
______

By Mr. CHAMBLISS (for himself and Mr. Miller):
S. 1462. A bill to adjust the boundary of the Cumberland Island
Wilderness, to authorize tours of the Cumberland Island National
Seashore, and for other purposes; to the Committee on Energy and
Natural Resources.
Mr. CHAMBLISS. Mr. President, I rise today to introduce the
Cumberland Island National Seashore Wilderness Boundary Act. With the
introduction of this important legislation, we will be able to better
preserve and manage one of Georgia's unique islands. The purpose of
this bill is to allow for more efficient management of the Cumberland
Island National Seashore and to preserve the historical and ecological
significance of the island.
As one of Georgia's Golden Isles, Cumberland Island is truly a
historical and ecological masterpiece encompassing 36,415 acres. The
island contains a 5000-year history of human habitation that is
inscribed into the natural landscape of the island. This history can be
seen by visiting the early Indian burial grounds to the vast
plantations that were once home to abundant corn, cotton, and rice
fields, as well as the workers who tended the land. And we cannot
forget about the rich ecological environment found on Cumberland
Island. It is one that many sea turtles, marsh microorganisms, and
abundant shore birds call home amongst the numerous dune fields, salt
marshes, and maritime forest areas. These historic and natural
resources are important elements of Cumberland Island's past, present,
and future.
As many of you know, I am an avid outdoorsman and conservationist. I
am a supporter of sound wildlife management and the preservation of our
Nation's unique and complex history. Another key point that I wish to
make is that this history has been preserved for all of us to see and
experience. Under the enactment of Public Law 97-250, 96 Stat. 709, in
1982, Congress designated approximately 8,840 acres of Cumberland
Island as wilderness under the national wilderness preservation system
and authorized an additional 11,718 acres to be designated as potential
wilderness. Currently, the main road on the island passes through the
designated wilderness area. Due to the location of the designated
wilderness area, access to historic settlements such as: Plum Orchard
Mansion and Dungeness, both former homes of Andrew Carnegie
descendants; the First African Baptist Church established in 1893 and
rebuilt in the 1930s; as well as the High Point/Half Moon Bluff
historic district, is severely restricted.

[[Page S9974]]

Such restrictions make it extremely difficult for visitors to
experience this unique collection of Georgia's history and diverse
ecology. I believe that history and nature can best be appreciated when
one is given the opportunity to experience it first hand. It is vitally
important for the unique history and ecology of Cumberland Island to be
properly managed and protected so that many generations to come will be
able to experience this beautiful treasure found in the State of
Georgia.
The nature and history of Cumberland Island needs to be preserved and
managed in such a manner that will allow many generations to experience
this golden treasure of Georgia. The Cumberland Island National
Seashore Wilderness Boundary of 2003 will do just that. This bill will
allow for greater access to key areas of the island by removing the
Main Road, the Spur Road to Plum Orchard, as well as the North Cut Road
from the previously designated wilderness area. Further, the bill
allows for the addition of 210 acres to the wilderness area upon
acquisition by the National Park Service. I should clarify and stress
that this bill does not suggest that we open this land to the public
for further habitation and degradation of the area's natural history
and ecological habitats. The purpose of this bill is very simple--I
want to improve the management and preservation of Cumberland Island's
history and diverse ecosystem so that others in the future will be able
to experience and learn about the treasures of the Golden Isles and all
that they represent.
It is crucial that Cumberland Island's history and unique ecosystem
is properly managed and protected. We want to ensure that these
treasures are available to all of our Nation's citizens to experience
and enjoy. This bill allows Congress to address this issue and to make
the necessary changes so that Cumberland Island can remain as one of
Georgia's treasured Golden Isles for many years to come.
______

By Mr. HAGEL (for himself and Mr. Dorgan):
S. 1464. A bill to amend the Internal Revenue Code of 1986 to provide
an exclusion for gain from the sale of farmland to encourage the
continued use of the property for farming, and for other purposes; to
the Committee on Finance.
Mr. HAGEL. 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. 1464

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 ``Beginning Farmers and
Ranchers Tax Incentive Act of 2003''.

SEC. 2. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARMLAND.

(a) In General.--Part III of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to items
specifically excluded from gross income) is amended by adding
after section 121 the following new section:

``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF QUALIFIED FARM
PROPERTY.

``(a) Exclusion.--In the case of a natural person, gross
income shall not include--
``(1) 100 percent of the gain from the sale or exchange of
qualified farm property to a first-time farmer (as defined in
section 147(c)(2)(C) (determined without regard to clause
(i)(II) thereof)) who certifies that the use of such property
shall be as a farm for farming purposes for not less than 10
years after such sale or exchange,
``(2) 50 percent of the gain from the sale or exchange of
qualified farm property to any other person who certifies
that the use of such property shall be as a farm for farming
purposes for not less than 10 years after such sale or
exchange, and
``(3) 25 percent of the gain from the sale or exchange of
qualified farm property to any other person for any other
use.
``(b) Limitation on Amount of Exclusion.--
``(1) In general.--The amount of gain excluded from gross
income under subsection (a) with respect to any taxable year
shall not exceed $500,000 ($250,000 in the case of a married
individual filing a separate return), reduced by the
aggregate amount of gain excluded under subsection (a) for
all preceding taxable years.
``(2) Special rule for joint returns.--The amount of the
exclusion under subsection (a) on a joint return for any
taxable year shall be allocated equally between the spouses
for purposes of applying the limitation under paragraph (1)
for any succeeding taxable year.
``(c) Qualified Farm Property.--
``(1) Qualified farm property.--For purposes of this
section, the term `qualified farm property' means real
property located in the United States if, during periods
aggregating 3 years or more of the 5-year period ending on
the date of the sale or exchange of such real property--
``(A) such real property was used as a farm for farming
purposes by the taxpayer or a member of the family of the
taxpayer, and
``(B) there was material participation by the taxpayer (or
such a member) in the operation of the farm.
``(2) Definitions.--For purposes of this subsection, the
terms `member of the family', `farm', and `farming purposes'
have the respective meanings given such terms by paragraphs
(2), (4), and (5) of section 2032A(e).
``(3) Special rules.--For purposes of this section, rules
similar to the rules of paragraphs (4) and (5) of section
2032A(b) and paragraphs (3) and (6) of section 2032A(e) shall
apply.
``(d) Other Rules.--For purposes of this section, rules
similar to the rules of subsection (e) and subsection (f) of
section 121 shall apply.
``(e) Treatment of Disposition or Change in Use of
Property.--
``(1) In general.--If, as of the close of any taxable year,
there is a recapture event with respect to any qualified farm
property transferred to the taxpayer in a sale or exchange
described in paragraph (1) or (2) of subsection (a), then the
tax of the taxpayer under this chapter for such taxable year
shall be increased by an amount equal to the product of--
``(A) the applicable recapture percentage, and
``(B) 10 percent of the taxpayer's adjusted basis in the
property on the date such property was transferred to the
taxpayer.
``(2) Applicable recapture percentage.--
``(A) In general.--For purposes of this subsection, the
applicable recapture percentage shall be determined from the
following table:

``If the recapture event occurs The applicable recapture percentage is:
Years 1 through 5............................................100
Year 6........................................................80
Year 7........................................................60
Year 8........................................................40
Year 9........................................................20
Years 10 and thereafter........................................0.
``(B) Years.--For purposes of subparagraph (A), year 1
shall begin on the date of the sale or exchange described in
paragraph (1) or (2) of subsection (a).
``(3) Recapture event defined.--For purposes of this
subsection, the term `recapture event' means--
``(A) Cessation of operation.--The cessation of the
operation of any property the sale or exchange of which to
the taxpayer is described in paragraph (1) or (2) of
subsection (a) as a farm for farming purposes.
``(B) Change in ownership.--
``(i) In general.--Except as provided in clause (ii), the
disposition of a taxpayer's interest in any property the sale
or exchange of which to the taxpayer is described in
paragraph (1) or (2) of subsection (a).
``(ii) Agreement to assume recapture liability.--Clause (i)
shall not apply if the person acquiring such interest in the
property agrees in writing to assume the recapture liability
of the person disposing of such interest in effect
immediately before such disposition. In the event of such an
assumption, the person acquiring the interest in the property
shall be treated as the taxpayer for purposes of assessing
any recapture liability (computed as if there had been no
change in ownership).
``(4) Special rules.--
``(A) No credits against tax.--Any increase in tax under
this subsection shall not be treated as a tax imposed by this
chapter for purposes of determining the amount of any credit
under subpart A, B, or D of this part.
``(B) No recapture by reason of hardship.--The increase in
tax under this subsection shall not apply to any disposition
of property or cessation of the operation of any property as
a farm for farming purposes by reason of any hardship as
determined by the Secretary.''.
(b) Conforming Amendment.--The table of sections for part
III of subchapter B of chapter 1 of the Internal Revenue Code
of 1986 is amended by adding after the item relating to
section 121 the following new item:

``Sec. 121A. Exclusion of gain from sale of qualified farm property.''.
(c) Effective Date.--The amendment made by this section
shall apply to any sale or exchange on or after the date of
the enactment of this Act, in taxable years ending after such
date.
______

By Mr. FRIST (for himself and Mr. Alexander):
S. 1465. A bill to authorize the President to award a gold medal on
behalf of Congress honoring Wilma G. Rudolph, in recognition of her
enduring contributions to humanity and women's athletics in the United
States and the world; to the Committee on Banking, Housing, and Urban
Affairs.
Mr. FRIST. Mr. President, today Senator Alexander and I introduce
legislation to award a Congressional Gold Medal to Clarksville,
Tennessee native Wilma Rudolph for her contributions to women's
athletics and racial

[[Page S9975]]

equality in the United States and the world.
I take a moment to say a few words about this remarkable woman.
Wilma was the 20th of 22 children in her packed family. After
overcoming scarlet fever, double pneumonia and polio, Wilma went onto
win three Olympic gold medals in track and field. She became an
international star and a hero to the people of Tennessee. Wilma showed
the world that hard work and determination could overcome nearly
anything.
Wilma was inducted into the National Track and Field Hall of Fame in
1973 and received the Humanitarian of the Year Award of the Special
Olympics in 1985. She was the first woman to ever receive the National
Collegiate Athletic Association's Silver Anniversary Award in 1987. And
in 1989 earned the Jackie Robinson Image Award of the National
Association for the Advancement of Colored People. Wilma remains the
only woman ever to have received the National Sports Award, which she
was granted in 1993.
Wilma Rudolph is an inspiration to all Tennesseans and is eminently
deserving of the Congressional Gold Medal.
I urge my colleagues to confer this well earned honor.
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. 1465

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. FINDINGS.

Congress finds that--
(1) Wilma G. Rudolph of Clarksville, Tennessee, the 20th of
22 children, overcame a series of childhood diseases,
including scarlet fever, double pneumonia, and polio, to
become an athletic pioneer and champion in the State of
Tennessee, the United States, and the world, first as an
outstanding basketball player and track athlete in Tennessee,
then as a 3-time gold medal winner in the 1960 Olympics in
Rome, and finally as a pioneer for racial equality, goodwill,
and justice;
(2) Wilma G. Rudolph's winning of 3 gold medals in the 1960
Olympics served as an inspiration to athletes of all sports,
all races, and both genders;
(3) Wilma G. Rudolph's ability to inspire endured after her
performance in the 1960 Olympics, as demonstrated by--
(A) her receipt in 1987 of the National Collegiate Athletic
Association's Silver Anniversary Award, the first time a
woman ever received the award;
(B) her receipt of the 1989 Jackie Robinson Image Award of
the National Association for the Advancement of Colored
People (NAACP);
(C) her induction into the National Track and Field Hall of
Fame in 1973;
(D) her receipt of the 1985 Humanitarian of the Year Award
of the Special Olympics; and
(E) her receipt in 1993 of the National Sports Award, the
only time a woman has received the award;
(4) Wilma G. Rudolph, a graduate of Tennessee State
University, a successful businessperson, a mother, an
athlete, a coach, and a teacher, who passed away on November
12, 1994, will forever remain an inspiration to all able-
bodied and physically-challenged individuals in overcoming
odds;
(5) Wilma G. Rudolph blazed a trail that helped all people
understand the contributions of women to the world of
athletics;
(6) the legacy of Wilma G. Rudolph continues to serve as a
particular inspiration to women; and
(7) Wilma G. Rudolph's life truly embodied the American
values of hard work, determination, and love of humanity.

SEC. 2. CONGRESSIONAL GOLD MEDAL.

(a) Presentation Authorized.--The President is authorized
to award to the family of Wilma G. Rudolph, on behalf of
Congress, a gold medal of appropriate design honoring Wilma
G. Rudolph (posthumously) in recognition of her outstanding
and enduring contributions to humanity and to women's
athletics, in the United States and the world.
(b) Design and Striking.--For the purpose of the award
referred to in subsection (a), the Secretary of the Treasury
(in this Act referred to as the ``Secretary'') shall strike a
gold medal with suitable emblems, devices, and inscriptions,
to be determined by the Secretary.

SEC. 3. DUPLICATE MEDALS.

The Secretary may strike and sell duplicates in bronze of
the gold medal struck pursuant to section 2 under such
regulations as the Secretary may prescribe, and at a price
sufficient to cover the costs thereof, including labor,
materials, dies, use of machinery, overhead expenses, and the
cost of the gold medal.

SEC. 4. STATUS AS NATIONAL MEDALS.

The medals struck pursuant to this Act are national medals
for purposes of chapter 51 of title 31, United States Code.

SEC. 5. FUNDING.

(a) Authority to Use Fund Amounts.--There is authorized to
be charged against the United States Mint Public Enterprise
Fund an amount not to exceed $30,000 to pay for the cost of
the medals authorized by this Act.
(b) Proceeds of Sale.--Amounts received from the sale of
duplicate bronze medals under section 3 shall be deposited in
the United States Mint Public Enterprise Fund.
______

By Ms. MURKOWSKI:
S. 1466. A bill to facilitate the transfer of land in the State of
Alaska, and for other purposes; to the Committee on Energy and Natural
Resources.
Ms. MURKOWSKI. Mr. President, the Alaska Land Transfer Acceleration
Act of 2003 will transfer millions of acres of land to Alaska Natives,
the State of Alaska and to Native Corporations by 2009. The Federal
agencies in Alaska have management jurisdiction of over 63 percent of
the State. It is time to transfer these public lands from Federal
Government control to private ownership. This legislation creates a
strategic plan for the Bureau of Land Management to finally resolve
long-standing land survey, land entitlement issues and land claims
issues, some of which date back to 1906. Since 1906 Congress has
enacted other legislation that requires the BLM to transfer public
lands to Alaska Natives, the State of Alaska and to Alaska Native
Corporations.
The land conveyance program is the largest and most complex of any in
United States history. For many years, BLM's primary goal was to convey
title to unsurveyed lands to the State and Native Corporations by
tentative approval and interim conveyance, respectively. This
management practice allowed the State and Native Corporations to manage
their lands, subject only to the survey of the final boundary.
This legislation will accelerate release of lands for conveyance to
Native coporations and the State of Alaska. It will complete land
patterns to allow land owners to more efficiently manage their land. It
will clarify that certain minerals can be transferred to Native
landowners. And frankly, split estates can be minimized. The University
will be given the opportunity to select the remaining Federal interests
in lands the University already owns, that will likely produce economic
opportunities not presently available under this land lock.
The complexity of land patterns and uses in Alaska is evident in the
presence of federal mining claims that are within lands owned or
selected by the State of Alaska. Our legislation would clarify miners'
right to convert from Federal to State claims without jeopardizing
ongoing mining operations. At the same time, BLM would be allowed to
expedite conveyances to the State. Properly maintained Federal claims
will continue to be excluded from conveyance. Entitlements to the State
will remain secure. The miner will decide when or whether to convert
his claims to State claims.
For too many years, individuals, Native corporations and the State
have been patiently waiting to receive title to their land. In 1958 the
State of Alaska was promised 104 million acres of land, and has to date
received final title to only 42 million acres; less than half of what
is due. Of the 44 million acres of land that the Native Corporations
are entitled to, only about a third has been conveyed or about 15
million acres. Worse, yet, are the 2,500 parcels pending title to
Native individuals out of 16,000 parcels. Almost 14,000 parcels are
still awaiting basic adjudication to even make a determination of land
transfer. Too much land is hanging in the balance that must be surveyed
and patented to rightful owners. Between now and the sunset of this
bill in 2009, more than 89 million acres must be surveyed on State and
Native Corporation lands. The lands that are awaiting survey do not
include lands that will eventually be titled to Native individuals;
these lands too must first be surveyed.
While some Native allotments have been conveyed, issues have arisen
to challenge final conveyance to the land. Such challenges have
included whether actual use of land occurred; the location of the
parcel; or even who should receive title to the land. Sadly, some of
the original Native allotment applicants have died waiting to receive
title or have disputes resolved. Oftentimes, the death of an applicant
can present

[[Page S9976]]

the agency with chain of title questions to determine who the rightful
heir is, causing further delays to getting the lands transferred.
Some disputes have been easier to handle than others, resulting in
settlement through an administrative appeals process. The Federal
agencies have been hampered by many administrative and legal obstacles.
There have been court decisions and lawsuit settlements, new
legislation creating new rights of changing rules midstream. Old cases
have been reopened that have created new land patterns for adjudication
and survey. The administrative appeals process was designed to be
efficient, and immediately accessible to individuals who believe they
have been adversely impacted by actions taken by the BLM. It too many
instances this process has resulted in long delays that hinder the BLM
from finalizing its work. In the meantime, the applicant suffers at the
hands of a process that generally takes years just for a case to be
reviewed for resolution.
This legislation will provide the BLM with broader authority for
solving many of the problems associated with land claims affecting all
disputes that occur in Alaska. When disputes arise over the
adjudication of land claims, BLM needs to have full authority to work
in a more collaborative environment with its clientele.
This legislation will provide the BLM the opportunity to caucus with
its clients. It will allow for a process of negotiation to gain
consensus on final resolution of land applications. What has been
missing all these years is the flexibility for the Federal agencies to
work in such a cooperative fashion. This new process is intended to be
free of complicated rules that have plagued the agency to finding
solutions. Resolution and closure must come quicker.

Mr. President, I give great credit to the management and the
employees of the BLM Alaska for their efforts over the years to
transfer the land. They have proven to be dedicated and committed
public servants. I believe they have tried to do the right thing; they
just need the tools and the resources. They want to close the books on
the Alaska conveyance program once and for all, and this bill will help
them achieve that goal by 2009.
In 1973 the Alaska Native Claims Appeal Board was established. The
Board had jurisdiction over decisions made under the Alaska Native
Claims Settlement Act. The Board consisted of four judges, and was able
to decide a case within 3 to 6 months of the close of briefing. It
usually had a small backlog. While the Board was able to act in a
fairly responsive manner, there was criticism the Board did not
correctly apply general Federal land law precedent and that some of
their rulings were inconsistent with policy of the Department of the
Interior. The Board was dissolved in 1981. The backlog of cases was not
necessarily attributed to Native Corporation cases; most of the backlog
related to all other matters. This legislation will create a hearings
and appeals process located in Alaska. Presently, there are almost 100
appeals of Alaska decisions pending before the Interior Board of Land
Appeals. It usually takes this Board several years to rule on a case,
sometimes as long as 3 to 5 years. The present process is broken. There
should never be a process that controls the fate of someone's
livelihood. Matters requiring resolution must not sit and languish for
years without resolution. This practice is unacceptable and
unreasonable.
Additionally, more than 20 cases are pending before Administrative
Law judges at various Office of Hearings Appeals offices--Virginia,
Minnesota and Utah. The cases currently in their hands are Native
allotments and mining claims. Substantial delays have resulted from the
slow pace of scheduling hearings in Alaska. Establishing an Alaska
hearings unit to handle all Alaska appeals would significantly speed up
the current process. Such a new process would be able to routinely
issue decisions within 3 to 6 months of the close of briefing.
Challenges likely to emerge on land actions requiring judicial review
will be handled by judges located in Alaska. Moreover, having judges
located in Alaska, conducting Alaska business, would ensure an
understanding of the special laws that are applicable to Alaska. In
addition, this process would include all land transfer matters, not
just claims under the Alaska Native Claims Settlement Act.
To achieve the acceleration of land conveyances, we must be able to
count on a consistent level of funding. We do not want any aspect of
the acceleration plan to be hampered. As I pointed out earlier, almost
90 million acres must be surveyed between now and 2009. The BLM is the
single agency of the Federal Government that is charged with the
authority and responsibility for surveys and land title record keeping.
Official survey plats are the Government's record of the boundaries of
an area and the description of such surveyed land is known as the legal
land description. Land title or patents are based on such plats of
survey. And, until the land is surveyed, the Alaska Natives, the State
of Alaska and the Native Corporations will still be waiting way off
into the future for this work to be finalized.
The Alaska Land Transfer Acceleration Act of 2003 imposes very strict
provisions on the agency to complete land conveyances by 2009 to Alaska
Natives, the State of Alaska and to the Native Corporations. Some might
view this plan as ambitious. I view it as being long overdue.

____________________