[Congressional Record Volume 149, Number 123 (Tuesday, September 9, 2003)]
[Senate]
[Pages S11247-S11254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page S11247]]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. REID (for himself and Mr. Ensign):
S. 1593. A bill to amend the Head Start Act to improve provisions
relating to updating population data; to the Committee on Health,
Education, Labor, and Pensions.
Mr. REID. Mr. President, it's been more than a year and a half since
the No Child Left Behind Act became law. By passing that bill into law,
we reaffirmed our commitment to provide every American child with a
quality education.
The education of our children must be one of our top priorities,
because they are the future of this country. We have to give them the
tools they need to succeed.
Unfortunately, the fight against terrorism and the war in Iraq have
driven education off the national agenda. This is especially
disappointing now because public schools across the Nation are in
jeopardy as States struggle to close unprecedented budget deficits. At
a time when NCLB is imposing new unfunded mandates on States and local
governments, schools have watched helplessly as their budgets have been
slashed. Many of these schools are located in poor and rural areas,
where the achievement gap is widest. These schools simply don't have
the resources they need to do their job, and children are being left
behind as a result.
Some States, including Nevada, face an additional problem. These
States have extremely high rates of population growth, and as a result
they find themselves in a never-ending race to fund the growing demand
for education. The formulas that allocate Federal education dollars
usually don't factor high growth rates into their calculations. So,
schools in these States find their backs against the wall even in the
best fiscal conditions. You can imagine how precarious their situation
is in a time of record federal and state budget deficits.
I mentioned my State, Nevada. The condition of its public schools is,
in many ways, quite dismal. Nevada has one of the highest high school
dropout rates in the country and one of the lowest high school
graduation rates. It is near the bottom in performance on national
reading, writing, and math tests. Per-pupil, Nevada spends less money
on its students than all but five other States. I could cite many other
statistics, but you get the picture--and it isn't pretty.
There is no magic fix for the problems facing schools in Nevada, or
any other state. And because schools are primarily the responsibility
of individual states, there is only so much the federal government can
do to help. But I believe Nevada's problems stem in part from the fact
that its high growth rate prevents it from receiving its fair share of
Federal education funding. Nevada is the fastest growing State in the
Nation by a wide margin. Its schools struggle each year to make room
for new students. Despite all this, Nevada is dead last in Federal per-
pupil education funding. And I want to reiterate that this problem is
not unique to Nevada--schools in other states also face budget strains
as a result of high population growth rates.
These States deserve their fair share of federal education dollars.
It is an issue of fundamental fairness. I hope that we will address
this problem in a comprehensive manner the next time we revisit NCLB.
In the meantime, however, we should take this opportunity to correct a
similar flaw in the way we fund Head Start.
Throughout its 38-year history, Head Start has helped put millions of
at-risk children on the path to success by giving them the social and
academic skills they need to succeed in elementary school. It is a
textbook example of a Federal program that has worked.
Consider some of the statistics. At-risk children who participate in
a quality early childhood education program are 33 percent more likely
to graduate from high school, and 25 percent less likely to repeat a
grade. Since a year of public education for one student costs
approximately $5,900, it is safe to say that Head Start has saved
taxpayers millions of dollars.
Young women who participated in a quality early childhood education
program have 33 percent fewer children out of wedlock, and are 25
percent less likely to become teen mothers. Every dollar we invest in
Head Start translates into four dollars of benefits for at-risk
children, their families, and American taxpayers.
So as you can see, Head Start is a critical component of public
education in this country. Its holistic approach also addresses many of
the underlying causes of poor academic performance by providing medical
services and guidance for parents of at-risk children.
But State budget crises have placed Head Start programs under siege
along with all other aspects of public education--and programs in high-
growth states are among the hardest hit. Nevada has seven centralized
Head Start agencies that administer almost 50 Head Start programs
throughout the State. At current funding levels, these programs serve
approximately 2,500 at-risk children not nearly as many as they could
serve with adequate resources.
We need to do everything in our power to help Head Start programs
meet demand, because better-prepared students make elementary and
secondary schools more effective. And because Head Start is a
partnership between the Federal Government and States, Congress has the
power to make a real difference on this issue.
That is why I am today introducing the High Growth Head Start
Assistance Act. It will reward high-growth States, such as Nevada, for
their commitment to Head Start by ensuring that programs in their state
receive their fair share of Federal funds.
Congresswoman Berkley has introduced a similar bill in the House of
Representatives, and I applaud her leadership on this issue.
This bill will make a difference in the lives of thousands of at-risk
children in Nevada and across the Nation. It is a matter of fundamental
fairness. Most important, it represents a small but significant step
toward fulfilling the promise we made a year and a half ago--a promise
to leave no child behind.
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. 1593
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. UPDATING POPULATION DATA.
Section 640(a)(4) of the Head Start Act (42 U.S.C.
9835(a)(4)) is amended in the flush matter following
subparagraph (B)--
(1) by striking ``shall use the most recent data
available'' and inserting ``shall use data that is not more
than 2 years old''; and
(2) by striking ``use of the most recent data available''
and inserting ``such data''.
______
By Mrs. FEINSTEIN (for herself, Mr. Daschle, Mr. Dodd, Mr.
Lieberman, Mr. Johnson, Mr. Bingaman, Mrs. Lincoln, Mr.
Feingold, Mr. Lautenberg, Mr. Leahy, and Mr. Durbin):
S. 1594. A bill to require a report on reconstruction efforts in
Iraq; to the Committee on Foreign Relations.
Mrs. FEINSTEIN. Mr. President, I rise today with Senators Daschle,
Dodd, Lieberman, Bingaman, Johnson, Feingold and Lincoln to introduce
legislation to require the President to report to Congress on his
vision for a democratic, economically viable, and politically stable
Iraq, his plan for achieving those goals, and an estimate on how much
this is going to cost.
After months of dodging questions, giving half-answers, and ignoring
Congressional requests, the time has come for this Administration to
level with the American people and Congress and spell-out its plan for
rebuilding a country torn apart by years of dictatorial rule, ethnic
strife, war, and terror.
Our legislation requires the President within 60 days of the
enactment of this act to report to Congress on: the current economic,
political, and military situation in Iraq including the number, type
and location of attacks on U.S. and Coalition military and civilian
personnel in the previous 60 days; a discussion of the measures taken
to protect U.S. troops serving in Iraq; a detailed plan for the
establishment of civil, economic and political security in Iraq,
including the restoration of basic services such as water and
electricity and the construction of schools, roads, and medical clinics
in Iraq; the current and projected monetary costs incurred by the
United States, by Iraq, and by the international community; actions
taken
[[Page S11248]]
and to be taken by the Administration to secure increased international
participation in peacekeeping forces and in the economic and political
reconstruction of Iraq; a detailed time-frame and specific steps to be
taken for the restoration of self-government to the Iraqi people; cost
estimates for achieving those goals; and U.S. and international
military personnel requirements for achieving those goals.
I am pleased that, as Secretary of State Colin Powell announced last
week, the Administration has finally decided to seek an additional
United Nations Security Council Resolution authorizing increased U.N.
participation in multinational peacekeeping forces and the political
and economic reconstruction of Iraq.
Nevertheless, President Bush waited far too long to seek additional
help and, as a result, we will face an ever greater challenge in
rebuilding Iraq in the months and years ahead. And this past Sunday,
President Bush announced his intention to seek an additional $87
billion to fund reconstruction efforts and military and intelligence
operations in Iraq and Afghanistan.
What we need now is a plan on how to rebuild Iraq, an estimate on how
much it is going to cost, what personnel, both military and civilian,
U.S. and international, will be needed, and what the end game will look
like.
Our troops, along with our British and Australian allies, performed
brilliantly in executing Operation Iraqi Freedom. Their unmatched
skill, bravery, and professionalism made us all proud. They overthrew a
tyrannical regime in three weeks and, for the first time in over thirty
years, brought hope to millions of Iraqis. We owe them a tremendous
debt of gratitude.
But I believe United States troops assumed too great a burden in
terms of manpower and exposure to risk, and will be forced to remain in
Iraq longer than expected and at a higher financial cost.
Let us look at the facts.
Sixty-seven Americans have died in hostile action since the President
declared an end to major combat operations on May 1, 2003. In total,
286 U.S. troops have died in Iraq, 146 since May 1.
One hundred and thirty-nine thousand U.S. troops are currently
serving in Iraq, comprising 85 percent of coalition forces.
Four car bombings in the past month have killed 121 people, including
the UN's top envoy to Iraq, Sergio Vieira de Mello.
Earlier this year, Secretary of Defense Donald Rumsfeld stated that
the United States is spending approximately $4 billion a month in Iraq
and, given the President's statement Sunday, there is no indication
that this figure will go down anytime in the near future.
These are enormous commitments, and yet, we do not have a clear
indication from the Administration about its intentions in Iraq. And
that is why I am introducing this legislation.
We have assumed an enormous responsibility in Iraq and we must stay
the course. But let us hear from the Administration on how it intends
to stay that course and where that course will lead us. I urge my
colleagues to support this legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1594
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Although President George W. Bush declared an end to
major combat operations in Iraq on May 1, 2003, as of early
September 2003, conditions in parts of Iraq continue to be
unstable, and President Bush has not yet provided Congress
with a detailed plan that outlines the strategic objectives
of Operation Iraqi Freedom, explains how and when the
President plans to accomplish these objectives, and estimates
the costs to be borne by United State taxpayers and the
international community.
(2) On September 7, 2003, President Bush announced his
intention to seek an additional $87,000,000,000 to fund
reconstruction efforts and military and intelligence
operations in Iraq, Afghanistan, and elsewhere.
SEC. 2. REPORT.
Not later than 60 days after the date of the enactment of
this Act, the President shall submit to Congress a report
setting forth--
(1) a description of the economic, political, and military
situation in Iraq, including the number, type, and location
of attacks on United States and other Coalition military and
civilian personnel in the preceding 60 days;
(2) a discussion of the measures taken to protect United
States troops serving in Iraq;
(3) a detailed plan for achieving the goal of establishing
civil, economic, and political security in Iraq, including
the restoration of basic services such as water and
electricity and the construction of schools, roads, and
medical clinics;
(4) the monetary costs currently incurred and projected to
be incurred by the United States, the United Nations, Iraq,
and the international community;
(5) the actions taken and to be taken by the President to
secure increased international participation in peacekeeping
efforts and in the economic and political reconstruction of
Iraq;
(6) a detailed schedule and specific steps for achieving
the goal of restoring self-government to the Iraqi people;
and
(7) United States and international military and civilian
personnel requirements.
______
By Mr. KERRY:
S. 1595. A bill to amend the Internal Revenue Code of 1986 to allow
small business employers a credit against income tax with respect to
employees who participate in the military reserve components and are
called to active duty and with respect to replacement employees and to
allow a comparable credit for activated military reservists who are
self-employed individuals, and for other purposes; to the Committee on
Finance.
Mr. KERRY. Mr. President, the continuing activation of military
reservists to serve in Iraq and the war on terror has imposed a
tremendous burden on many of our country's small businesses. Too many
small businesses, when their employees are asked to leave their jobs
and serve the Nation, are unable to continue operating successfully and
face severe financial difficulties, even bankruptcy. At the same time,
more than one-third of military reservists and National Guard members
suffer a pay cut when they're called to defend our Nation. Large
businesses have the resources to provide supplemental income to
reservist employees called up for active duty and to replace them with
a temporary employee. However, many small businesses are unable to
provide this assistance or temporarily replace the employee. I believe
the Federal Government must take action to help small businesses
weather the loss of an employee to active duty and protect small
business employees and their families from suffering a pay cut to serve
our Nation. That is why I am introducing legislation that will provide
an immediate tax credit to assist both military reservists who are
called to active duty and the small businesses who must endure their
absence.
The Small Business Military Reservist Tax Credit Act that I am
introducing today will provide immediate help to affected small
businesses through a Federal income tax credit and a reduced
withholding requirement to help pay the difference in salary for a
reservist called up to active duty and the cost of temporarily
replacing that employee while he or she is serving our Nation.
Specifically, the bill will provide a tax credit of up to $12,000 to
any very small business, defined as any business with up to 50
employees, whose employee has been called up for active duty. Up to
$6,000 can be used to assist in paying any difference in salary for the
activated reservist and up to an additional $6,000 can be used to help
hire a temporary replacement. For small manufacturers with up to 100
employees, the bill will provide a tax credit of up to $20,000, up to
$10,000 to hire a temporary replacement. This tax credit is critical to
immediately help struggling entrepreneurs keep their small businesses
running after the loss of an employee to temporary military service.
Too many American small manufacturers are already facing a difficult
economy and strong international competition. This legislation provides
higher thresholds for small manufacturers because they need greater
help and employ more technical workers who are more expensive and
difficult to replace. It will also help cushion the financial cost of
being a citizen soldier for our reservists. I am pleased that this
legislation is supported by the Reserve Officers Association.
[[Page S11249]]
Since 1973, the United States has built an all-volunteer military of
which reservists are an essential part. Our reservists are much more
than weekend warriors. When they are called to active duty, they are a
critical ingredient of any long-term or significant deployment of
American forces. Everyone knows the contributions our reservists have
made in the Army, Navy, Air Force, Marines and Coast Guard. They have
been serving our country with distinction and pride for many years and
should not be penalized financially for their honorable service. The
use of reservists is a significant way to reduce the costs of
maintaining a standing army and the cost of carrying a full standing
army, in lieu of having a critical reservist component, far outweighs
the small, targeted tax credit developed in this legislation.
Reservists have become a vital component of U.S. forces in Iraq and
the war on terror. On September 14, 2001, President Bush issued
Executive Order 13223 authorizing the activation of up to 1 million
military reservists for up to two years of active duty. Since October
2002, there has been a presidentially approved ceiling of 300,000 on
the number of reservists that can be on duty at any one time. Some
295,000 reserves have been called up cumulatively since the issuance of
the original Executive Order. Today, there are about 181,500 reserves
on active duty in the war against terrorism.
Just today, the Army announced that thousands of National Guard and
Army Reserve forces will be required to extend their tours of duty. The
new order requiring 12-month tours in Iraq and elsewhere means that
many National Guard and Army Reserve troops could have their
mobilizations extended anywhere from 1 month to 6 months. Extending
tours of duty will make it more difficult for reservists, their
families and the small businesses where they work to endure the
hardships associated with serving our nation. It is imperative that we
provide them with immediate assistance.
A recent story in the Financial Times demonstrates the heavy price
that some small businesses are forced to pay when one of their
employees is called up for active duty. Lt. Col. Stephen Brozak, a
Marine reservist and small business partner, was called up for active
duty in November 2002. In addition to being a partner in the small
financial services firm, Westfield Bakerink Brozak, Stephen is the only
research analyst in the San Diego-based company. Since Stephen left to
serve our country, the company has been unable to continue working on
the investment banking issues he covered. This has dramatically
affected the company's profitability and bottom line. To compound the
problem, this small businesses is unable to provide Stephen a salary
while he is on active duty and cannot afford to hire a replacement.
Small businesses, like Stephen's, should not be crippled or
incapacitated when their workers are called to serve our Nation. Our
reservist solders who are called away from their jobs to serve our
country should not have to endanger their family's finances to do so.
The United States Chamber of Commerce estimates that 70 percent of
military reservists called to active duty work in small- or medium-size
companies. Everyone knows that small businesses continue to be a most
effective at creating new jobs and spurring economic growth nationwide.
Small businesses employ over 50 percent of the nation's work force.
Nationwide, small businesses are currently creating 75 percent of new
jobs. Furthermore, many these small businesses provide quality goods
and services that are a vital link in the supply chain for our national
defense. Many these small companies need immediate help to keep their
business going while their employees are sacrificing for our country in
Iraq and elsewhere.
Many of our reservists left their companies in good shape. They were
profitable, providing goods or services, creating jobs, adding to the
tax base. Our nation should do everything possible to ensure that upon
their return, reservists and their businesses to do suffer unnecessary
hardships that ranges from impaired operations financial ruin; from
deserted clients to layoffs, and even closure.
Beyond the hardship of leaving their families, their homes and their
regular employment, more than one-third of military reservists and
National Guard members face a pay cut when they're called for active
duty in our armed forces. Many of these reservists have families who
depend upon that paycheck to survive and can least afford a substantial
reduction in pay. Unlike many big businesses that can afford to provide
supplemental income to make up for the salary disparity for military
reservists called to active duty, most small businesses cannot afford
to provide this benefit. This makes it more difficult for small
businesses to attract and keep workers. I think it is imperative that
we help families of reservists maintain their standard of living while
their loved one serves our nation. We must ensure that our great
tradition of citizen soldiers does not fade or stop because of the
effect service has on work and family.
Back in 1999, I wrote the Military Reservist Small Business Relief
Act, which was enacted into law during the 106th Congress and
authorized the Small Business Administration (SBA) to defer existing
loan repayments and to reduce the interest rates on direct loans that
may be outstanding, including disaster loans, for small businesses that
have had a military reservist called up for active duty. It also
established a low-interest economic injury loan program administered by
the SBA through its disaster loan program. These loans have been
available to provide interim operating capital to any small business
when the departure of a military reservist for active duty causes
economic injury. According to published reports, more than 10,000 small
businesses have applied for these loans since August 2001. However, in
today's economy, many small businesses are unable to take on additional
debt to continue their operations. These small businesses need
immediate tax relief to assist them in hiring a replacement and to pay
their reservist worker who is away serving our country.
This bill will help every small business whose owner, manager or
employee is called to active duty. Most immediately, this bill will
assist those small businesses whose employees are in service in Iraq
and elsewhere but the act also applies to future contingency
operations, military conflicts, or national emergencies.
I ask all my colleagues to support this important legislation to help
both military reservists and the small businesses they are forced to
leave when they are called up for active duty.
______
By Mr. ALLEN (for himself, Mr. Warner, Mr. Edwards, Mrs. Dole,
Mr. Hollings, Mr. Graham of South Carolina, Mr. Chambliss, and
Ms. Snowe):
S. 1597. A bill to provide mortgage payment assistance for employees
who are separated from employment; to the Committee on Health,
Education, Labor, and Pensions.
Mr. ALLEN. Mr. President, I rise today to introduce the Homestead
Preservation Act which would make available low-interest loans to
American workers who have been displaced by international trade so they
can continue to make home mortgage payments. This legislation would
provide needed mortgage payment assistance to these Americans facing
difficult times.
While the relaxation of trade barriers and free trade agreements have
opened some new markets to American products and services, it has also
led to a decline in the U.S. manufacturing and textile industries.
These are the jobs that hard working Americans have depended on for
generations and plants and facilities that have helped to sustain
communities for decades.
Americans are industrious, hard-working and innovative, but it is
unfair to ask them to compete for employment with workforces that do
not operate under comparable environmental or labor regulations and in
countries that do not reciprocate and violate trade rules. I want to
make sure that free trade is at the same time fair trade. The opening
of the U.S. market offers great benefit to all Americans, but we should
mitigate harm to people making a living in manufacturing or textiles.
The People's Republic of China through their currency manipulations,
dumping of wood bedroom furniture, textile commands and illegal
[[Page S11250]]
semiconductor taxation violate rules of fair trade. One can also look
to the recent decision by the Department of Commerce finding that South
Korean subsidies provided to Hynix Semiconductor, Inc. have caused
great damage to U.S. computer chip manufacturers. As our government
continues to follow international trade rules, we owe it to our workers
to hold foreign governments accountable for their violations of these
agreements.
Going forward, I pledge to take a hard look at all proposed free
trade agreements to make sure the interests of the United States are
not being compromised. It is essential in the negotiation of these new
trade pacts not to place traditional U.S. industries at a distinct
disadvantage. Free trade agreements have the opportunity to greatly
enhance the economies of the U.S. and its partners, but they must offer
generally equal benefits to people in both countries.
Unfortunately, recent years have seen the closing of numerous textile
and manufacturing plants in the Commonwealth of Virginia and many can
be attributed to international competition. These economic disasters
are not unique to my Virginia alone. People in communities in our
sister States of North Carolina, South Carolina and Georgia have
experienced such disasters as well. People from Maine to Ohio to
California understand and have endured these large layoffs. With each
of these closings, a community is thrown into turmoil with families
left wondering how ends can be met until new employment is found.
I understand no government program or assistance can substitute for a
secure, well-paying job, but I believe the U.S. government can
reasonably assist these families as they transition from one career to
another. Presently, there are useful assistance programs that aid
American workers seeking new employment, but unfortunately, there is
nothing currently in place to protect what is usually a family's most
valuable financed asset--their home.
The Homestead Preservation Act has been introduced to meet that need.
My legislation would provide families vital temporary financial
assistance enabling them to keep their homes and protect their credit
ratings as they work toward strengthening and upgrading their skills
and search for new employment. Individuals seeking to take advantage of
this program would need to be enrolled in a job training or job
assistance program. Training and education programs that focus on new
technology and emerging industries would aid displaced workers in
gaining a skill that will allow them to find a good-paying and secure
job in a new field.
At a time when families are dealing with an uncertain future they
should feel secure that food will be on the table and a roof will be
over their heads. The loans to be provided by the Homestead
Preservation Act would not solve all of the problems facing unemployed
workers, but they would provide important assistance for families
facing the prospect of losing their home.
In closing, I would like to thank my colleagues Senators Warner,
Edwards, Dole, Hollings, Graham, Chambliss and Snowe for joining me in
introducing this legislation. They know and understand the hardship
facing these families and I am grateful that they have signed on to
help provide this needed assistance. When offered in the 107th
Congress, this Homestead Preservation Act received tremendous
bipartisan support. I would respectfully urge my colleagues to consider
the value Americans place on owning a home and support this caring and
needed initiative.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered printed in the Record,
as follows:
S. 1597
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 ``Homestead Preservation
Act''.
SEC. 2. MORTGAGE PAYMENT ASSISTANCE.
(a) Establishment of Program.--The Secretary of Labor
(referred to in this section as the ``Secretary'') shall
establish a program under which the Secretary shall award
low-interest loans to eligible individuals to enable such
individuals to continue to make mortgage payments with
respect to the primary residences of such individuals.
(b) Eligibility.--To be eligible to receive a loan under
the program established under subsection (a), an individual
shall--
(1) be--
(A) an adversely affected worker with respect to whom a
certification of eligibility has been issued by the Secretary
of Labor under chapter 2 of title II of the Trade Act of 1974
(19 U.S.C. 2271 et seq.); or
(B) an individual who would be an individual described in
subparagraph (A) but who resides in a State that has not
entered into an agreement under section 239 of such Act (19
U.S.C. 2311);
(2) be a borrower under a loan which requires the
individual to make monthly mortgage payments with respect to
the primary place of residence of the individual; and
(3) be enrolled in a job training or job assistance
program.
(c) Loan Requirements.--
(1) In general.--A loan provided to an eligible individual
under this section shall--
(A) be for a period of not to exceed 12 months;
(B) be for an amount that does not exceed the sum of--
(i) the amount of the monthly mortgage payment owed by the
individual; and
(ii) the number of months for which the loan is provided;
(C) have an applicable rate of interest that equals 4
percent;
(D) require repayment as provided for in subsection (d);
and
(E) be subject to such other terms and conditions as the
Secretary determines appropriate.
(2) Account.--A loan awarded to an individual under this
section shall be deposited into an account from which a
monthly mortgage payment will be made in accordance with the
terms and conditions of such loan.
(d) Repayment.--
(1) In general.--An individual to which a loan has been
awarded under this section shall be required to begin making
repayments on the loan on the earlier of--
(A) the date on which the individual has been employed on a
full-time basis for 6 consecutive months; or
(B) the date that is 1 year after the date on which the
loan has been approved under this section.
(2) Repayment period and amount.--
(A) Repayment period.--A loan awarded under this section
shall be repaid on a monthly basis over the 5-year period
beginning on the date determined under paragraph (1).
(B) Amount.--The amount of the monthly payment described in
subparagraph (A) shall be determined by dividing the total
amount provided under the loan (plus interest) by 60.
(C) Rule of construction.--Nothing in this paragraph shall
be construed to prohibit an individual from--
(i) paying off a loan awarded under this section in less
than 5 years; or
(ii) from paying a monthly amount under such loan in excess
of the monthly amount determined under subparagraph (B) with
respect to the loan.
(e) Regulations.--Not later than 6 weeks after the date of
enactment of this Act, the Secretary shall promulgate
regulations necessary to carry out this section, including
regulations that permit an individual to certify that the
individual is an eligible individual under subsection (b).
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $10,000,000 for
each of fiscal years 2004 through 2008.
______
By Ms. SNOWE:
S. 1598. A bill to require the Comptroller General to carry out a
study to determine the feasibility of undertaking passenger rail
transportation security programs that are similar to those of foreign
countries; to the Committee on Commerce, Science, and Transportation.
Ms. SNOWE. Mr. President, since the terrorist attacks of September
11th, 2001, we have experienced a steep learning curve as a country and
as a Congress in our efforts to improve homeland security.
As we saw during the drafting and consideration of the airline
security bill, the United States has not cornered the market on
security innovations and measures--there is much that we can learn from
other countries that have faced or addressed the same challenges. For
this reason, I am introducing legislation that would require the
General Accounting Office (GAO) to initiate a study examining passenger
rail security measures that have worked for other regions and countries
such as the European Union and Japan.
For example, the $15 billion channel tunnel--or ``Chunnel''--linking
England to the European continent has been open to train service, for
passengers and freight, since 1994 without a major security incident.
In 2000 alone, 2.8 million cars, 7.1 million passengers, and 2.9
million tons of freight made the 31 mile journey under the English
Channel safely.
[[Page S11251]]
Security has always been a major concern for the Chunnel and Britain,
France, and Eurotunnel, the company operating the tunnel, have made
security a top priority without degrading passenger service. In fact,
in addition to its private security staff provided by Eurotunnel, the
Chunnel is policed by a bi-national force of police, immigration, and
customs officers with armed patrols in the British and French
terminals. And both the company and the respective government agencies
also conduct routine intelligence-led security checks on both passenger
and freight vehicles.
So I suspect that our friends in Europe, and in Asia, and other
regions, may be able to provide valuable insight on how we can improve
our rail transportation security. It is my intent with this bill to
direct GAO to complete, no later than June 2004, a study of rail
transport security measures in other countries in an effort to seek
innovative screening procedures and processes and other security
measures that may be a benefit to the United States. Subsequently, an
assessment of these measures would be provided to Congress.
In the hours and days after September 11, Americans discovered we are
not alone in this struggle and I urge my colleagues to support this
bill that encourages the United States to reach out and learn from
others.
______
By Ms. SNOWE:
S. 1599. A bill to require the Secretary of Homeland Security to
conduct a study of the feasibility of implementing a program for the
full screening of passengers, baggage, and cargo on Amtrak trains, and
for other purposes; to the Committee on Commerce, Science, and
Transportation.
Ms. SNOWE. Mr. President, I rise today to introduce legislation
designed to enhance the security of our Nation's passenger rail
network.
Before the terrorist attacks of September 11, 2001, boarding an
Amtrak train was little harder than riding the subway--and in some ways
it was easier, because you could purchase a ticket on board the train.
Those days have passed, as Amtrak now requires photo identification and
no longer permits ticket purchases on-board the train. But there has
not been a similar change in the screening of baggage. The bill I am
introducing today would create a new pilot initiative to screen
passengers and carry-on baggage on the Amtrak passenger rail system. In
addition, my legislation will examine ways to provide this screening,
providing a proportional response that will reassure train passengers
and step-up security.
As a member of the Senate Commerce Subcommittee on Surface
Transportation, I believe that by conducting a limited test of security
screening of passengers and carry-on baggage on certain Amtrak routes,
we can determine the feasibility of expanding screening to other Amtrak
stations. Moreover, by starting with a cross-section of stations
throughout the network, we can gain perspective on the expense, the
infrastructure, and the personnel who might be needed to bring
screening system-wide.
This legislation will direct the Department of Transportation to
initiate a demonstration project at five of the ten stations with the
heaviest passenger traffic. Amtrak would be required to conduct random
passenger and carry-on baggage checks or screening at these stations.
Under the legislation, the Secretary of Transportation would be given
authority to select additional stations in order to determine how
screening works at smaller facilities. The bill envisions examination
of a variety of X-ray and explosive detection devices, and metal
detectors that would help assure safety on Amtrak.
I urge my colleagues to join me in a strong show of support for this
legislation.
______
By Mr. CAMPBELL (for himself and Mr. Inouye):
S. 1600. A bill to provide for periodic Indian needs assessments, to
require Federal Indian program evaluations, and for other purposes; to
the Committee on Indian Affairs.
Mr. CAMPBELL. Mr. President, today I am pleased to be joined by
Senator Inouye to introduce the Indian Needs Assessment and Program
Evaluation Act of 2003.
Recently, a significant report has been issued that, once again,
calls into question the equity and effectiveness of Federal spending on
Indian programs.
This is not a new problem and the U.S. Civil Rights Commission's
report entitled ``A Quiet Crisis: Federal Funding and Unmet Needs in
Indian Country'' shows that the volume and methodologies of Federal
spending are still both off the mark.
The Commission's report found an ongoing failure to provide funds for
the health, education and safety of Indian communities at levels
equivalent to other U.S. populations and determined that, despite many
studies, ``no coordinated, comprehensive Federal effort has been made
to audit spending and develop viable solutions.''
The Commission's Report recommended each of the six agencies
primarily responsible for delivery of Federal services to Indians to:
(1) conduct internal monitoring of its spending and budgeting for
Indian programs; (2) ensure better coordination with other agencies;
and (3) monitor unmet needs. It also urged Congress to appropriate
funds to meet the unmet needs of Indian people and urged the Office of
Management and Budget (OMB) to create uniform standards for tracking
and spending on Indian programs.
The bill I am introducing today will address these ongoing problems
and bring a rigorous analysis to the actual needs of Indian people,
gauge how Indian programs are funded, and better tailor these programs
so that needs are met and programs are carried out in an effective and
efficient way.
The bill: 1. directs the Secretary of the Interior to develop a
uniform method, criteria, and procedures for determining, analyzing,
and compiling the program and service assistance needs of Indian tribes
and Indians nationwide; 2. requires Federal agencies to conduct Indian
Needs Assessments aimed at determining the actual needs of tribes and
Indians eligible for programs and services administered by such
agencies; 3. directs the Secretary to develop a uniform method,
criteria, and procedures for compiling, maintaining, keeping current,
and reporting to Congress all information concerning: (a) agency annual
expenditures for programs and services for which Indians are eligible/
(b) services or programs specifically for the benefit of Indians; and
(c) agency methods of delivery of services and funding; 4. requires
Federal agencies responsible for providing services or programs to or
for the benefit of tribes of Indians to: (a) file Annual Indian Program
Evaluations with specified congressional committees; and (b) publish
annual listings in the Federal Register of all agency programs and
services for which Indian tribes may be eligible; 5. directs the
Secretary to: (a) report to specified congressional committees on the
coordination of Federal program and service assistance for which tribes
are eligible; and (b) file a Strategic Plan for the Coordination of
Federal Assistance for Indians.
I urge my colleagues to join me in supporting this important measure.
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. 1600
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Needs Assessment and
Program Evaluation Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the United States and the Indian tribes have a unique
legal and political government-to-government relationship;
(2) under the Constitution, treaties, statutes, Executive
orders, court decisions, and course of conduct of the United
States, the United States has a trust obligation to provide
certain services to Indian tribes and members of Indian
tribes;
(3) Federal agencies charged with administering programs
and providing services to or for the benefit of Indian tribes
and members of Indian tribes have not provided Congress
adequate information necessary to assess the adequacy of the
programs and services meeting the needs of Indian tribes and
members of Indian tribes, hampering the ability of Congress
to determine the nature, type, and magnitude of those needs
or the ability of the United States to respond to those
needs; and
[[Page S11252]]
(4) Congress cannot properly fulfill its obligation to
Indian tribes and Indian people unless it has an adequate
store of information concerning the needs of Indian tribes
and members of Indian tribes nationwide.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that Indian needs for Federal programs and
services are known in a more certain and predictable fashion;
(2) to require that Federal agencies carefully review and
monitor the effectiveness of programs and services provided
to Indian tribes and members of Indian tribes;
(3) to provide for more efficient and effective cooperation
and coordination of, and accountability from, the agencies
providing programs and services, including technical and
business development assistance, to Indian tribes and members
of Indian tribes; and
(4) to provide to Congress reliable information regarding
both Indian needs and the evaluation of Federal programs and
services provided to Indian tribes and members of Indian
tribes nationwide.
SEC. 3. DEFINITIONS.
In this Act:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(2) Needs assessment.--The term ``needs assessment'' means
an assessment of the program and service needs of Indian
tribes and members of Indian tribes, that includes, at a
minimum, consideration of--
(A) the population of each Indian tribe (including the
population of tribal members located in the service area of
an Indian tribe, where applicable);
(B) the size of the service area;
(C) the location of the service area;
(D) the availability of similar programs within the
geographical area to Indian tribes or tribal members; and
(E) socioeconomic conditions that exist within the service
area.
(3) Program evaluation.--The term ``program evaluation''
means an evaluation report developed in accordance with
section 4(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. NEEDS ASSESSMENTS AND PROGRAM EVALUATIONS.
(a) Needs Assessments.--
(1) Development of method, criteria, and procedures.--Not
later than 180 days after the date of enactment of this Act,
the Secretary, in consultation and coordination with tribal
governments and with the Secretary of Agriculture, Secretary
of Commerce, Secretary of Defense, Secretary of Energy,
Secretary of Labor, Attorney General, Secretary of the
Treasury, Secretary of Transportation, Secretary of Veterans
Affairs, Administrator of the Environmental Protection
Agency, Secretary of Housing and Urban Development, Secretary
of Health and Human Services, and heads of other agencies
responsible for providing programs or services to or for the
benefit of Indian tribes or members of Indian tribes, shall
develop a uniform method, criteria, and procedures for
determining, analyzing, and compiling a needs assessment.
(2) Needs assessments.--Not later than 1 year after the
date of enactment of this Act, and every 5 years thereafter,
each Federal agency, in coordination with the Secretary,
shall--
(A) conduct a needs assessment to determine the needs of
Indian tribes and members of Indian tribes eligible for
programs and services administered by the agency; and
(B) submit to the Committee on Appropriations and Committee
on Indian Affairs of the Senate and the Committee on
Appropriations and the Committee on Resources of the House of
Representatives a report that describes the results of the
needs assessment.
(b) Program Evaluations.--
(1) Development of method, criteria, and procures.--Not
later than 180 days after the date of enactment of this Act,
the Secretary shall develop a uniform method, criteria, and
procedures for compiling, maintaining, updating, and
reporting to Congress a program evaluation containing all
information concerning--
(A) the annual expenditure by a Federal agency for programs
and services for which Indian tribes and members of Indian
tribes are eligible, with specific information including--
(i) the names of Indian tribes that are participating in or
receiving each service;
(ii) the names of Indian tribes that have applied for and
not received programs or services; and
(iii) the names of Indian tribes for which programs or
services were terminated within the preceding fiscal year;
(B) programs or services specifically for the benefit of
Indian tribes and members of Indian tribes, with specific
information including--
(i) the names of Indian tribes that are currently
participating in or receiving each program or service;
(ii) the names of Indian tribes that have applied for and
not received programs or services; and
(iii) the names of Indian tribes for which programs or
services were terminated within the preceding fiscal year;
and
(C) the methods of delivery of the programs and services,
including a detailed explanation of the outreach efforts of
each agency to Indian tribes.
(2) Program evaluations.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter, each
Federal agency responsible for providing programs or services
for the benefit of Indian tribes or members of Indian tribes
shall submit to the Committee on Appropriations and the
Committee on Indian Affairs of the Senate and the Committee
on Appropriations and the Committee on Resources of the House
of Representatives a report that describes the results of the
program evaluation.
(c) Annual Listing of Tribal Eligible Programs.--On or
before February 1 of each year, each Federal agency described
in subsection (b)(2) shall publish in the Federal Register--
(1) a list of all programs and services offered by the
agency for which Indian tribes or members of Indian tribes
are or may be eligible; and
(2) a brief explanation of the program or service.
SEC. 5. REPORT ON COORDINATION OF PROGRAMS AND SERVICES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Appropriations and the Committee on Indian
Affairs of the Senate and the Committee on Appropriations and
the Committee on Resources of the House of Representatives a
report detailing the coordination of Federal programs and
service assistance for which Indian tribes and members of
Indian tribes are eligible.
(b) Strategic Plan.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, after consultation and coordination
with the Indian tribes, the Secretary shall submit to the
Committee on Appropriations and the Committee on Indian
Affairs of the Senate and the Committee on Appropriations and
the Committee on Resources of the House of Representatives a
strategic plan for the coordination of Federal assistance for
Indian tribes and members of Indian tribes.
(2) Contents of strategic plan.--The strategic plan under
paragraph (1) shall contain--
(A) an identification of reforms necessary to the laws
(including regulations), policies, procedures, practices, and
systems of the agencies responsible for providing programs or
services for the benefit of Indian tribes or members of
Indian tribes;
(B) proposals for remedying the reforms identified in the
plan; and
(C) other recommendations consistent with the purposes of
this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal
year such sums as are necessary to carry out this Act.
______
By Mr. CAMPBELL (for himself and Mr. Inouye):
S. 1601. A bill to amend the Indian Child Protection and Family
Violence Prevention Act to provide for the reporting and reduction of
child abuse and family violence incidences on Indian reservations, and
for other purposes; to the Committee on Indian Affairs.
Mr. CAMPBELL. Mr. President, today I am pleased to be joined by
Senator Inouye to introduce the ``Indian Child Protection and Family
Violence Prevention Reauthorization Act of 2003'' to combat child abuse
in Native American communities.
First enacted in 1990, the Indian Child Protection and Family
Violence Prevention Act was aimed at prosecutions of Federal and tribal
employees for child abuse and issues arising from child abuse and
family violence.
The act established extensive reporting requirements and character
investigations for Federal and tribal employees who have regular
contact with Indian children, and provided funding for prevention and
treatment programs.
Like so many social pathologies, American Indians are victimized by
violence more than any other ethnic group.
Research also shows that Indian victims of violence by family members
or intimate partners are more likely than any other ethnic group to be
injured and need hospital care.
The act is expiring and needs to be reauthorized, but it also needs
to include tougher criteria for background checks and a structured
method for tribal assumption of child abuse prevention, prosecution and
treatment programs.
The bill is designed to improve the ability of the tribes to combat
child abuse in their communities, build tribal capacity, and identify
the impediments to more effective prevention, investigation and
prosecution of child abuse.
The bill also authorizes funding for building comprehensive tribal
programs, and training and technical assistance--the cornerstones in
developing the necessary expertise in the field. The bill will also
facilitate establishment of safety measures for child
[[Page S11253]]
protection workers to reduce unnecessary stress and improve program
effectiveness.
In its 2002 report entitled ``Violence Against Women: Data on
Pregnant Victims and Effectiveness of Prevention Strategies are
Limited'', the General Accounting Office cited the Centers for Disease
Control and other researchers who found that there was a need for
prevention strategies that incorporate cultural perspectives in serving
ethnic populations. This bill will promote cultural perspectives by
giving special considerations to tribal programs which incorporate
traditional healing methods.
Abuse by the Federal and tribal employees was the main reason for
enacting the 1990 Act, however, employees are not the only ones that
come in contact with Indian children. The bill I am introducing today
will expand the scope of positions subject to character investigations
and include contractors who have regular contact with Indian children.
This bill clarifies the requirement that all positions within the
Departments of Interior and HHS--not simply the Bureau of Indian
Affairs and Indian Health Service--that have regular contact with
children must undergo character investigations.
I ask Unanimous Consent that the text of the bill be printed in the
Record and urge my colleagues to join me in supporting this important
measure.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1601
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Child Protection and
Family Violence Prevention Reauthorization Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
Section 402 of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3201) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) finds that--
``(A) Indian children are the most precious resource of
Indian tribes and need special protection by the United
States;
``(B) the number of reported incidences of child abuse on
Indian reservations continues to rise at an alarming rate,
but the reduction of such incidences is hindered by the lack
of--
``(i) community awareness in identification and reporting
methods;
``(ii) interagency coordination for reporting,
investigating, and prosecuting; and
``(iii) tribal infrastructure for managing, preventing, and
treating child abuse cases;
``(C) improvements are needed to combat the continuing
child abuse on Indian reservations, including--
``(i) education to identify symptoms consistent with child
abuse;
``(ii) extensive background investigations of Federal and
tribal employees, volunteers, and contractors who care for,
teach, or otherwise have regular contact with Indian
children;
``(iii) strategies to ensure the safety of child protection
workers; and
``(iv) support systems for the victims of child abuse and
their families; and
``(D) funds spent by the United States on Indian
reservations for the benefit of Indian victims of child abuse
or family violence are inadequate to combat child abuse and
to meet the growing needs for mental health treatment and
counseling for those victims and their families.'';
(B) in paragraph (2)--
(i) by striking ``two'' and inserting ``the'';
(ii) in subparagraph (B)--
(I) by inserting after ``provide funds for'' the following:
``developing a comprehensive tribal child abuse and family
violence program including training and technical assistance
for identifying, addressing, and decreasing such incidents
and for''; and
(II) by striking the period at the end and inserting a
semicolon; and
(iii) by adding at the end the following:
``(C) implement strategies to increase the safety of child
protection workers;
``(D) assist tribes in developing the necessary
infrastructure to combat and reduce child abuse on Indian
reservations; and
``(E) identify and remove impediments to the prevention and
reduction of child abuse on Indian reservations, including
elimination of existing barriers, such as difficulties in
sharing information among agencies and differences between
the values and treatment protocols of the different
agencies.''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``prevent further abuse''
and inserting ``prevent and prosecute child abuse'';
(B) in paragraph (2), by striking ``authorize a study to
determine the need for a central registry for reported
incidents of abuse'' and inserting ``build tribal
infrastructure needed to maintain and coordinate databases'';
(C) by striking paragraph (3);
(D) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (3), (4), (5), and (6), respectively;
(E) in paragraph (3) (as redesignated by subparagraph (D)),
by striking ``sexual'';
(F) in paragraph (5) (as redesignated by subparagraph (D)),
by striking ``Area'' and inserting ``Regional'';
(G) in paragraph (6) (as redesignated by subparagraph
(D))--
(i) by inserting ``child abuse and'' after ``incidents
of''; and
(ii) by inserting ``through tribally-operated programs''
after ``family violence'';
(H) by inserting after paragraph (6) (as redesignated by
subparagraph (D)) the following:
``(7) conduct a study to identify the impediments to
effective prevention, investigation, prosecution, and
treatment of child abuse;''; and
(I) by striking paragraph (8) and inserting the following:
``(8) develop strategies to protect the safety of the child
protection workers while performing responsibilities under
this title; and''.
SEC. 3. DEFINITIONS.
Section 403(3) of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3202(3)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(C) any case in which a child is subjected to family
violence;''.
SEC. 4. REPORTING PROCEDURES.
Section 404(b) of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3203(b)) is amended by
adding at the end the following:
``(3) Cooperative reporting.--If--
``(A) a report of abuse or family violence involves an
alleged abuser who is a non-Indian; and
``(B) a preliminary inquiry indicates a criminal violation
has occurred;
the local law enforcement agency (if other than the State law
enforcement agency) shall immediately report the occurrence
to the State law enforcement agency.''.
SEC. 5. CENTRAL REGISTRY.
The Indian Child Protection and Family Violence Prevention
Act is amended by striking section 405 (25 U.S.C. 3204) and
inserting the following:
``SEC. 405. BARRIERS TO IMPLEMENTATION.
``(a) In General.--The Secretary, in consultation with the
Secretary of Health and Human Services and the Attorney
General, shall conduct a study to identify impediments to the
reduction of child abuse on Indian reservations.
``(b) Matters To Be Evaluated.--In conducting the study
under subsection (a), the Secretary shall, at a minimum,
evaluate the interagency and intergovernmental cooperation
and jurisdictional impediments in investigations and
prosecutions.
``(c) Report.--
``(1) In general.--Not later than 180 days after the date
of enactment of this paragraph, the Secretary shall submit to
Congress a report that describes the results of the study
under subsection (a).
``(2) Contents.--The report under paragraph (1) shall
include--
``(A) any findings made in the study;
``(B) recommendations on ways to eliminate impediments
described in subsection (a); and
``(C) cost estimates for implementing the
recommendations.''.
SEC. 6. CHARACTER INVESTIGATIONS.
Section 408 of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3207) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``(including contracted
and volunteer positions),'' after ``authorized positions'';
and
(B) in paragraph (3), by striking the period at the end and
inserting the following: ``, which--
``(A) shall include a background check, based on a set of
fingerprints of the employee, volunteer or contractor that
may be conducted through the Federal Bureau of Investigation;
and
``(B) may include a review of applicable State criminal
history repositories.''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting after ``who is'' the
following: ``a volunteer or contractor or is''; and
(B) in paragraph (2), by striking ``employ'' and inserting
``contract with, accept, or employ''.
SEC. 7. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.
Section 409 of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3208) is amended--
(1) in subsection (a), by striking ``sexual'';
(2) by redesignating subsection (e) as subsection (f);
(3) by inserting after subsection (d) the following:
``(e) Demonstration Project.--
``(1) In general.--The Secretary of Health and Human
Services shall establish demonstration projects to facilitate
the development of a culturally-sensitive traditional healing
treatment program for child abuse and family violence to be
operated by an Indian tribe, tribal organization, or inter-
tribal consortium.
[[Page S11254]]
``(2) Application.--
``(A) In general.--An Indian tribe, tribal organization, or
inter-tribal consortium may submit an application to
participate in a demonstration project in such form as the
Secretary of Health and Human Services may prescribe.
``(B) Contents.--As part of an application under
subparagraph (A), the Secretary of Health and Human Services
shall require--
``(i) the information described in subsection (b)(2)(C);
``(ii) a proposal for development of educational materials
and resources, to the extent culturally appropriate; and
``(iii) proposed strategies to use and maintain the
integrity of traditional healing methods.
``(3) Considerations.--In selecting the participants in
demonstration projects established under this subsection, the
Secretary of Health and Human Services shall give special
consideration to projects relating to behavioral and
emotional effects of child abuse, elimination of abuse by
parents, and reunification of the family.''; and
(4) in subsection (f) (as redesignated by paragraph (2))--
(A) by striking ``there'' and inserting ``There''; and
(B) by striking ``$10,000,000 for each of the years 1992,
1993, 1994, 1995, 1996 and 1997'' and inserting ``such sums
as are necessary to carry out this section for each of fiscal
years 2005 through 2010, of which a specific sum shall be
specifically set aside each year for the demonstration
projects established under subsection (e).''.
SEC. 8. INDIAN CHILD RESOURCE AND FAMILY SERVICES CENTERS.
Section 410 of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3209) is amended--
(1) in subsection (a) by striking ``area'' and inserting
``Regional'';
(2) in subsection (b)--
(A) by striking ``Secretary and'' and inserting
``Secretary,''; and
(B) by striking ``Services'' and inserting ``Services, and
the Attorney General'';
(3) in subsection (d)(5), by striking ``area'' and
inserting ``Region'';
(4) in subsection (f)--
(A) in the second sentence, by striking ``an area'' and
inserting ``a Regional''; and
(B) in the last sentence, by inserting ``developing
strategies,'' after ``Center in'';
(5) in the second sentence of subsection (g)--
(A) by striking ``an area'' and inserting ``a Regional'';
and
(B) by striking ``Juneau Area'' and inserting ``Alaska
Region''; and
(6) in subsection (h), by striking ``$3,000,000 for each of
the fiscal years 1992, 1993, 1994, 1995, 1996 and 1997'' and
inserting ``such sums as are necessary to carry out this
section for each of fiscal years 2005 through 2010''.
SEC. 9. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE
PREVENTION PROGRAM.
Section 411 of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3210) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``coordination,
reporting and'' before ``investigation'';
(B) in paragraph (2) by inserting ``child abuse and'' after
``incidents of'';
(2) in subsection (d)--
(A) in paragraph (1)(C), by inserting ``and other related
items'' after ``equipment''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``, and'' at the end
and inserting a semicolon;
(ii) in subparagraph (C), by inserting after
``responsibilities'' the following: ``and specify appropriate
measures for ensuring child protection worker safety while
performing responsibilities under this title''; and
(iii) by adding at the end the following:
``(D) provide for training programs or expenses for child
protection services personnel, law enforcement personnel or
judicial personnel to meet any certification requirements
necessary to fulfill the responsibilities under any
intergovernmental or interagency agreement; and
``(E) develop and implement strategies designed to ensure
the safety of child protection workers while performing
responsibilities under this Act;'';
(3) in paragraph (6), by striking ``and'' at the end;
(4) by redesignating paragraph (7) as paragraph (8);
(5) by inserting after paragraph (6) the following:
``(7) infrastructure enhancements to improve tribal data
systems to monitor the progress of families, evaluate service
and treatment outcomes, and determine the most effective
approaches and activities; and''
(6) by redesignating subsections (f), (g), (h), and (i) as
paragraphs (e), (f), (g), and (h), respectively;
(7) in paragraph (1) of subsection (g) (as redesignated by
paragraph (6)), by striking subparagraph (A) and inserting
the following:
``(A) evaluate the program for which the award is made,
including examination of--
``(i) the range and scope of training opportunities,
including numbers and percentage of child protection workers
engaged in the training programs;
``(ii) the threats to child protection workers, if any, and
the strategies used to address the safety of child protection
workers; and
``(iii) the community outreach and awareness programs
including any strategies to increase the ability of the
community to contact appropriate reporting officials
regarding occurrences of child abuse.''; and
(8) in subsection (h) (as redesignated by paragraph (6)),
by striking ``$30,000,000 for each of fiscal years 1992,
1993, 1994, 1995, 1996 and 1997'' and inserting ``such sums
as are necessary to carry out this section for each of fiscal
years 2005 through 2010.''.
______
By Mr. LEAHY (for himself, Mr. Durbin, Mr. Schumer, Mr. Dodd, Mr.
Lieberman, Mrs. Clinton, Mr. Corzine, and Mr. Lautenberg):
S. 1602. A bill to amend the September 11th Victim Compensation Fund
of 2001 to extend the deadline for filing a claim to December 31, 2004;
to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, I am pleased to introduce the ``September
11 Victim Compensation Fund Extension Act of 2003'' to extend the
pending deadline of the September 11 Victim Compensation Fund to
December 31, 2004. I thank Senators Durbin, Schumer, Dodd, Lieberman,
Clinton, Corzine, and Lautenberg for joining me as original cosponsors
of this legislation.
Along with Senator Daschle, Representative Gephardt and others, I
worked hard to create the Victims Fund over the objections of some in
the administration and Congress. We insisted that it be included in the
legislation to bail out the airlines passed in the wake of the most
devastating terrorist attacks on American soil. The current deadline
for applying for compensation from the Victims Fund is rapidly
approaching, but it has become apparent that many families need more
time. Thus far, just under a third of eligible families have applied to
the Fund for compensation--only about 1,282 death claims and 1,050
injury claims have been filed so far by victim families, according to
the Department of Justice.
Ken Feinberg, the Special Master for the Fund, is doing his best to
get victims families to understand their rights. Recently, he has even
taken out extensive advertisements in a number of newspapers and
created a series of informational meetings and claim assistance sites
to assist victims' families to file for compensation with the Victims
Fund instead of filing a lawsuit against the airlines industry. I
commend him for his efforts.
It appears that only a few relatives of victims of September 11 are
opting out of eligibility for the fund by filing a lawsuit against the
airlines industry. While some families are likely weighing that
decision, the number of disqualifying lawsuits is low--69 as of last
month--and only three of those were in the last three months, according
to The New York Times.
Instead, victims support groups have told me that they receive calls
daily from individuals who understand that the deadline is approaching
but cannot face the emotional pain of preparing a claim. Mr. Feinberg
has also commented that many victims are still too paralyzed by their
grief to confront the logistical burden and emotional pain of filing a
death claim.
In light of this painful reality, I believe it is appropriate to
extend the deadline for filing applications to the Victims Fund to
December 31, 2004--an extension of just over a year. This extension
would give grieving families additional time to mourn those who were
lost and to overcome the emotional challenges of filing paperwork with
the Victims Fund. In recent days, I have been in contact with several
September 11 victims support groups, all of which agreed that such an
extension would provide some relief during these dark days for victims'
families as they endure the grieving process.
As the anniversary of the tragedy of September 11 approaches,
victims' families have many burdens. They do not need this arbitrary
deadline confronting them between September 11 and the year-end
holidays. This is something we can do now for victims of September 11.
I urge my colleagues to support the ``September 11 Victim Compensation
Fund Extension Act of 2003.''
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