Congressional Record, Volume 150 Issue 48 (Wednesday, April 7, 2004)

[Congressional Record Volume 150, Number 48 (Wednesday, April 7, 2004)]
[Senate]
[Pages S3921-S3945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENT ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. HATCH (for himself, Mr. Frist, Mr. Miller, Mr. DeWine, Mr.
Voinovich, Mr. Allen, Mr. Chambliss, Mr. Hagel, and Mr.
Domenici):
S. 2290. A bill to create a fair and efficient system to resolve
claims of victims for bodily injury caused by asbestos exposure, and
for other purposes; read the first time.
Mr. FRIST. Mr. President, I rise today to introduce with my
colleague, the chairman of the Judiciary Committee, Mr. Hatch, a bill
relating to an issue I talked a lot on the floor about this morning and
yesterday, and that is the issue of asbestos litigation reform.
This is an issue I have taken great pain to outline over the last
several weeks because it is an issue that has been addressed in
committee. It is an issue we looked at, debated, talked about, and
discussed in a bipartisan way since that point in time. It is now time
to take some action to continue the progress that has been made today.
It is on asbestos--an asbestos injury resolution act. Today, we
introduce a substitute bill to S. 1125, which is the Fairness in
Asbestos Injury Resolution Act, which was reported out of the Judiciary
Committee.
I thank my colleague, Chairman Hatch, for getting S. 1125 through the
Judiciary Committee last July where, among many other successes, he led
a major bipartisan solution in committee on the linchpin criteria issue
of the medical criteria. S. 1125, as reported out of committee,
provided a solid, reasonable solution to the asbestos litigation
crisis. It had numerous consensus-building changes all made at the
request of people both on the committee, Democrats, and also
representatives of organized labor.
Since that time, there have been continued negotiations, and there
have been more agreements in improving the bill as reported.
Special thanks go to a whole number of people, including Senator
Specter and Judge Edward Becker who have both greatly improved and
addressed the many issues on the administrative side of this bill.
I thank many Members. I thank the ranking minority member, Senator
Leahy, and the efforts of my Democratic colleagues and many
stakeholders who have contributed greatly to the underlying bill with
discussions and negotiations since that point in time. All have been
very involved in improving the legislation.
I believe it is time--indeed, we are taking this action today--to
further the effort of putting forward a constructive bill which
addresses many of the concerns that people are talking about but now we
will have it as a bill.
To postpone this any longer, even though people keep coming forward
and saying, I have another idea, I don't think will bring this to
conclusion, and thus we introduce the bill today.
To push toward a solution, we are providing a substitute bill even
though we will not bring this bill to the floor until after the April
recess.

[[Page S3922]]

We, of course, welcome further discussions--myself, the chairman, and
others--with regard to how we might further improve the bill.
What has emerged from the collective efforts to date is a proposal
that retains the key elements of the original S. 1125 and includes some
of the crucial modifications that address concerns raised since its
passage in committee by stakeholders.
The goal is a bipartisan agreement. With the goal of a bipartisan
agreement in mind, a couple of the additional improvements I should
mention--improvements of the bill that is being introduced versus the
original S. 1125.

First, we provide more compensation to the victims.
Second, we revise the funding provisions to help protect the solvency
of the fund while ensuring that any risk of shortfall rests on
defendants and insurers and not the claimants.
Third, we incorporated a new administrative system agreed to by
various stakeholders that is easier for claimants to use and can begin
processing and paying claims more quickly.
I mention these three only to highlight a few of the significant
changes that we believe improve S. 1125 as reported--changes that were
made in good faith to address the concerns raised by Democrats and that
are aimed at ensuring the program established under S. 1125 was the
most fair to the victims, the intended beneficiaries.
S. 1125 represents an important piece of legislation. We must not
forget the provisions of banning asbestos proposed by Senator Murray,
revised and adopted by the Judiciary Committee.
The ban on asbestos is necessary to ensure that the dangers
associated with asbestos exposure can be eliminated.
We also have a duty to our veterans, many of whom were exposed to
substantial amounts of asbestos while serving our Nation during World
War II and on ships, who have limited means of obtaining compensation
for asbestos-related illnesses.
The revised S. 1125--which will now be S. 2290--represents an easier
and a faster avenue for the men and women of the armed services to
receive fair and just compensation while still keeping intact their
veterans benefits.
Residents and workers of Libby, MT, also need this legislation to
obtain full and adequate compensation. We must move forward on S. 2290.
There no doubt will be constructive proposals from Senators on both
sides of the aisle to further refine and improve this bill. By
introducing this bill today, we encourage that process. It is my hope
the process will be useful and not result in any further delays or in
postponing us addressing this true crisis today.
I believe a fair and a reasonable solution in a bill that can pass
this body is possible. I believe this is another major step forward to
accomplish that goal.
In closing, I thank the chairman of the Judiciary Committee who has
been instrumental from day 1 on this bill and who has worked closely
with both sides of the aisle in developing this product we introduce
today.
The PRESIDING OFFICER. The Senator from Utah.
Mr. HATCH. Mr. President, I am grateful for the distinguished
majority leader's remarks and for the tremendous work he has done in
helping to bring this bill to the floor at this time, without which I
don't think we would be this far. I have to say this is one of the most
important bills in our country at this time. I am very grateful to him,
and grateful to all of those who worked on this bill.
I rise today, along with the distinguished majority leader, to
introduce S. 2290, the Fairness in Asbestos Injury Resolution Act--the
FAIR Act--of 2004. This is a substitute bill that Senators Frist,
DeWine, Voinovich, Miller, Allen, Chambliss, Hagel, Domenici, and I
have spent a great deal of time developing. I particularly want to
commend Senator Specter and Judge Becker of the Third Circuit Court of
Appeals for their efforts in bringing interested parties together to
discuss the further development of this legislation. We are pleased to
include many agreements from that mediation process in this bill.
Let me start by noting that the United States Supreme Court has sadly
but appropriately characterized the asbestos litigation system in our
country as ``an elephantine mass.'' The Wall Street Journal aptly
called it ``a job-eating asbestos blob.''
Without question, we face a crisis of epidemic proportions.
First, our asbestos system is inequitable. In our lottery-like
system, juries award enormous damages to a special few, many of whom
are not impaired at all and have never suffered a day of sickness. In
other words, our system makes millionaires out of people who are not
sick and who may never become sick. Meanwhile, people who are truly
sick from asbestos receive little or nothing.
Let me illustrate this point. In a recent Mississippi case, six
plaintiffs who were not sick--not one day of sickness--were awarded a
total of $150 million. The plaintiffs did not claim to have ever missed
a day of work because of asbestos injury. They did not claim any
medical expenses related to asbestos, and they did not have asbestos-
related physical impairment. Meanwhile, truly sick asbestos victims
under the Johns-Manville bankruptcy trust receive a mere 5 cents on the
dollar. A jackpot justice system like the one we have is unfair, and it
is unjust. That is happening all over because about 10 percent of the
plaintiffs bar, the personal injury lawyers, I think to the irritation
of the 90 percent, are forum shopping these bills in jurisdictions
where they can get big verdicts for bad cases. Frankly, what is
happening today on asbestos compensation should not take place in this
great country of America.
In addition to the gross inequities with respect to who gets
compensated, the system is so overwhelmed by claims that truly sick
people can wait years and die before even getting their day in court.
The fact is, our courts are simply unable to handle the volume of
asbestos litigation. Unless Congress acts to end the delays and the
distortions caused by these voracious personal injury lawyers--as I
say, only about 10 percent, maybe less than that, of the personal
injury bar--our system will remain broken.
Another unacceptable feature of our current system is that most of
the money that should be going to compensate the truly injured, guess
where it goes? It goes into the pockets of the lawyers. One actuarial
firm estimates personal injury lawyers bringing these cases will siphon
more than $60 billion out of asbestos litigation before it is over, and
that is a conservative estimate.
As unfair as the system is today, the future is even more grim.
Excessive damage awards, along with the transaction costs associated
with the lawsuits, deplete the financial resources of the defendant
companies and send more and more of them into bankruptcy. Many of these
businesses are union businesses. These union workers lose their jobs
because we have not resolved this problem. As legal and financial
resources are exhausted by those who are not sick, those who truly are
afflicted with asbestos-caused diseases are less and less likely to be
compensated.
According to the Rand Institute for Civil Justice, a very prestigious
institute, ``about two thirds of the claims are now filed by the
unimpaired, while in the past they were filed only by the manifestly
ill.''
Our asbestos system does not only burden unfairness on the truly
sick; it is also devastating to our economy. According to Rand, the
number of claims continues to rise, with over 600,000 claims already
filed. Typically, claimants filed against dozens of defendants; more
than 8,500 companies have been named as defendants in asbestos
litigation. With only a handful of the original asbestos manufacturing
companies, the ones that are really liable, remaining today, new
industries are being targeted for lawsuits.
For instance, it has been reported that the big three automakers
``are defending approximately 15,000 cases based on claims alleging
injury due to exposure to asbestos in brakes and clutches.''
Even nonmanufacturers, businesses that just supply asbestos, are now
facing claims. These include plumbing, heating, and automotive supply
stores. As funds from asbestos companies continue to dry up, we can
expect the enterprising personal injury bar to continue to target
companies that have

[[Page S3923]]

tangential relations to the claims and little or no real culpability.
One company is one of the large insurance companies that has never
insured for asbestos, never had anything to do with asbestos. Basically
it has never had a claim for asbestos up until recently, but they have
been dragged into 60,000 cases because they were one of the early
medical teams that came to the conclusion that mesothelioma comes from
asbestos exposure. They did medical evaluations that concluded and
helped to make the cases for those who truly are suffering, people who
now are getting five cents on a dollar. They have been dragged into
60,000 cases that they should not have been dragged into. They will win
every one of those cases, no question about it. That last case they
tried--and they did win it, by the way--cost $2 million just in defense
fees alone. Times that by 60,000 and you get an idea of the nightmare
that insurance company is going through all because of voracious--I
think in some cases, dishonest, small percentage of the personal injury
bar--personal injury lawyers who are bringing these cases.
Now, as funds from the asbestos companies continue to dry up, we can
expect the enterprising personal injury bar to continue to target
companies that have tangential relations to the claims but little or no
real culpability or liability. Rest assured, without congressional
action, the problem will not go away. Last year, a record 100,000
asbestos claims were filed. At least 70 companies have already gone
into bankruptcy due to asbestos liability. By the way, many of those
companies were union companies. Many union members lost their jobs.

Does anyone wonder why manufacturing may be going down in America?
Blame those who are always on the side of the personal injury lawyers,
just to mention one corruption of the law.
Of course, each bankruptcy does bring with it lost jobs, lost
pensions, and weaker financial markets. The nonpartisan American
Academy of Actuaries reports ``bankruptcies in corporate asbestos
defendants have affected 47 states resulting in the loss of 52,000 to
60,000 jobs. With each displaced worker losing 25,000 to 50,000 in wage
and 25 percent of their 401(k).'' In other words, their pensions.
Rand estimates this litigation will eventually result in a staggering
430,000 lost jobs. Where are our colleagues on the other side when it
comes to jobs? Here is a way of saving 430,000 manufacturing jobs and
most of them will vote against this bill. Why? I will get into that in
a few minutes.
The Supreme Court repeatedly called upon Congress to take action, but
years have slipped by and we have not resolved the problem. Unless we
act now, three things are certain. One, there won't be enough money to
compensate people who are truly sick from asbestos exposure; two,
hundreds of thousands of working Americans are going to lose their jobs
and their pensions as these businesses go bankrupt; and three, personal
injury lawyers will continue to get richer and richer.
I am not against them getting rich when they bring honest cases. I am
not against them doing well when they earn the money. But this is like
rolling off the log the way the current tort system is so broken and
out of whack.
We need a comprehensive solution that is fair and we need it now.
That is why we are introducing the Fairness Asbestos Injury Resolution
Act of 2004, called the FAIR Act, the Hatch-Frist-Miller Act. I am
pleased we have been able to make changes in this bill from the bill we
reported out of the Judiciary Committee. This bill will address the
concerns that have been raised. This legislation offers a fair and
efficient solution. The bill provides a clear net monetary gain for
legitimate victims with faster and more certain compensation. In
addition, the legislation is important to our economy by providing
certainty to American businesses, retirement savings, and it will
preserve jobs, as well.
The Americans injured by asbestos have waited long enough for a fair
system of fair compensation. Many of them would not have to wait any
longer once this bill passes.
Nor can American workers afford to wait around while they lose their
jobs and their pensions and while they die from mesothelioma and other
asbestos-related diseases. The only people who can afford to wait are
those who profit from the sick and from the hard-working Americans.
S. 1125, the Fairness and Asbestos Injury Act, the FAIR Act, as
reported out of the Senate Judiciary Committee, represented an
unprecedented advance on a workable solution to the complex and
difficult issues that have stalled previous attempts at similar
legislation. Landmark agreements were reached on asbestos injury
compensation cases such as medical criteria, and over 50 consensus-
building changes were adopted overall. Nonetheless, a number of issues
were left open for further discussion and additional concerns were
raised that were not satisfactorily addressed by the committee. We did
our best but we needed to make some of these changes, so we have.
Since the bill was recorded out of committee, various State courts
and members of both parties have continued working.
The Hatch-Frist-Miller substitute bill being introduced reflects
agreements on some of these difficult issues reached during these
negotiations and attempts to address a number of concerns that have
been raised but have not yet been subject to widespread agreement. In
particular, the Hatch-Frist-Miller bill raises claims values. It
streamlines the administrative system to be up and running quickly. It
increases liquidity and upfront funding for faster compensation of
claims, and if a fund runs out of money, that risk will be on the
defendants and the insurers, not on the claimants.
These are some of the highlights of the numerous changes made to make
a fairer system for claimants. I fully expect that passing this
legislation is going to be an uphill battle due to the strong grip of
the powerful personal injury bar. Personal injury lawyers, by the way,
have already been well compensated with respect to asbestos litigation
having already taken an estimated $20 billion for themselves so far in
legal fees.
I have faith in the fairness and common sense of Americans. I believe
they can see through the self-interest of personal injury lawyers who
want to maintain a system that unduly benefits them. Americans will
understand that without reform true victims of asbestos exposure, as
well as businesses, employees and pensioners will pay the price.
I look forward to debating and further refining this important bill
when we return from the April recess. This bill, as most bills, is not
perfect. No piece of legislation is without some imperfection in the
eyes of someone or some special interest. But if there is ever a case
for not letting the perfect become the enemy of the good--and the very
good, at that--it is this asbestos bill.
I am aware some will argue strongly this bill is too big, it is too
costly. I am also aware some will argue this bill is too small and does
not go far enough. But the truth is, if either of these perspectives
fail, we will be left with the undesirable status quo. Unless we adopt
something very close to what we are proposing, the victims of asbestos
and those being asked to provide a fair level of compensation will
continue to suffer--probably without anybody benefiting except the
personal injury bar, and then a very small percentage of them.
When we take up this bill in the next few weeks, let us strive to
achieve a proper balance between the interests of those afflicted and
those individuals and firms who are called upon to provide the
compensation for this important program.
Some say--I think somewhat cynically--many of our colleagues on the
other side are not going to vote for this bill because no amount of
money is going to make them satisfied because two of their major
constituencies are against the bill, and have been, so far, against any
bill. Some have said they are afraid the personal injury bar will not
put up at least $50 million for John Kerry in this election if they
vote for this bill. Others are saying without that money, they might
not be able to elect John Kerry President. I think that is a pretty
cynical approach, of course. But if it is true, or there is any truth
to it, then it is pretty pathetic that they would let these hundreds of
thousands of people go down the drain without just compensation, which
we have in this bill, because of politics.

[[Page S3924]]

By the way, the other reason is because the AFL-CIO has not signed
onto this bill. That is not quite true. There are a few unions that are
for this bill. They know it is important. They know they are going to
lose jobs, they are going to lose pensions, they are going to lose
opportunities if these companies keep going bankrupt. About 70,000
jobs, it is estimated now, have been lost.
These are two very large constituencies of the Democratic Party. I
cannot blame Democrats for at least considering that they are concerned
about this bill. But I think the union leaders know this is an
important bill, and they know it is a good bill. Frankly, they do not
want to have to make that decision during an election year.
Well, I do not care whether it is an election year or nonelection
year; we cannot wait any longer. If we do not pass this bill and do the
best we can do for these workers and for these companies, and for all
concerned, in the way we have, these companies are going to have to
come up with this whopping amount of money in this bill. They are the
ones who are going to have to do it.
I saw yesterday in the Wall Street Journal they thought the
Government was going to have to come up with lots of money. Well, some
actually make a pretty good argument the Government should. We have
made it very clear the Government is not going to. This is not going to
be part of our deficit burden we have in this country. Let some make
their effective arguments the Government knew asbestos was harmful, yet
imposed it by regulation in our ships and in so many other ways. Be
that as it may, we are not imposing this on Government. These companies
are going to have to come up with this money. It has been a monumental
effort by those of us who have fought this through to bring together
enough money to be able--according to those who analyze the economics
of this, those who are honest and decent in analyzing it--to pay the
claims we have under the medical criteria in this bill. And the medical
criteria happen to be fair as well.
Let me close. First of all, I hope that is not the reason why our
colleagues vote against this bill. Unfortunately, I believe that
probably is the reason--those two reasons. There may be others as well,
but they are not justified after all the hard work that has been done
by both Democrats and Republicans in bringing the bill this far.
Let me close by thanking the majority leader, Senator Frist, for the
work he has done, and especially thank Senator Specter for his
Herculean efforts in bringing the bill to its present form, and Judge
Becker, for whom I have the utmost of respect and affection. I urge my
colleagues to support this fair solution to a broken system that has
languished far too long.
Mr. President, I yield the floor.
______

By Mr. CORZINE (for himself and Mr. Lautenberg):
S. 2291. A bill to redesignate the facility of the United States
Postal Service located at 14-24 Abbott Road in Fair Lawn, New Jersey,
as the ``Mary Ann Collura Post Office Building''; to the Committee on
Governmental Affairs.
Mr. CORZINE. Mr. President, I am honored to introduce a bill on
behalf of Senator Frank Lautenberg and myself to authorize the renaming
of the main post office in Fair Lawn, NJ as the Mary Ann Collura Post
Office.
Mary Ann Collura was the first female police officer in Fair Lawn,
where she served the people in her community as an outstanding officer
and role model for eighteen years. On April 17, 2003, Officer Collura
was fatally shot while attempting to arrest three men after a car
chase. She was the first Fair Lawn police officer ever killed in the
line of duty.
The idea for naming the Fair Lawn post office in honor of Officer
Collura came from a Fair Lawn high school student, which is indicative
of the admiration the people of Fair Lawn have for her. She was known
for her courage, kindness, and genuine caring for others. Officer
Collura was also a pioneer in Fair Lawn. She started a program to
protect trick-or-treaters on Halloween by giving them glow sticks,
which has expanded and is now a countywide program.
Senator Lautenberg and I are proud to be joining Representative
Steven Rothman and the entire New Jersey congressional delegation in
the effort to rename the Fair Lawn post office in honor of Mary Ann
Collura. By naming the main post office in town after such a brave
woman, we pay her the respect she earned, and memorialize her in a way
befitting a person of her stature. She is a true hero and will be
missed.
I ask by 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:

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

SECTION 1. REDESIGNATION.

The facility of the United States Postal Service located at
14-24 Abbott Road in Fair Lawn, New Jersey, and known as the
Fair Lawn Main Post Office, shall be known and designated as
the ``Mary Ann Collura Post Office Building''.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,
or other record of the United States to the facility referred
to in section 1 shall be deemed to be a reference to the
``Mary Ann Collura Post Office Building''.
______

By Mr. VOINOVICH:
S. 2292. A bill to require a report on acts of anti-Semitism around
the world; to the Committee on Foreign Relations.
Mr. VOINOVICH. Madam President, during the last several years, I have
been deeply concerned with the rise of antisemitism in countries
throughout the world, including countries that have traditionally been
among the world's strongest democracies.
Today, as Jewish people across the world celebrate Passover, a
festival of freedom and redemption, I rise to again call attention to
growing antisemitism and to urge a renewed effort to combat this
serious problem, both at home and abroad.
Although some of my colleagues might not be aware, I have had the
opportunity to visit the State of Israel seven times, as mayor of
Cleveland, Governor of Ohio, and as a Member of the Senate. I will
always remember visiting Yad Vashem on my first visit in 1980, and
again on several other visits, and the Diaspora Museum in Tel Aviv in
1982. That experience truly brought home to me the horrors of the
Holocaust and the role antisemitism played in leading to the Holocaust.
I vowed I would do everything in my power to make sure it would not
happen again. Frankly, I never thought during my lifetime I would have
to try to keep that vow. Unfortunately, antisemitism's deadly, ugly
head is rising again. Working with other groups, I am determined to do
everything I can do to stop it. There must be zero tolerance of
antisemitism.
In May of 2002, following a disturbing number of antisemitic
incidents in Europe, I joined members of the Helsinki Commission in a
hearing to examine the rise of antisemitic violence in Europe. I was
shocked by the reports I heard. Now, nearly 2 years later, the news is
not much better. The first 3 months of 2004 have seen numerous acts of
antisemitism abroad.
For example, in Toulon, France, on March 23, 2004, a Jewish synagogue
and community center were set on fire. In St. Petersburg, Russia, on
February 15, 2004, vandals desecrated approximately 50 gravestones in a
Jewish cemetery, painting them with swastikas and antisemitic graffiti.
Antisemitic incidents are not unique to Europe. In Australia, on
January 5 of this year, antisemitic slogans and symbols were burned
into the lawns of Tasmania's Parliament House.
In Toronto, Canada, over the weekend of March 19, 2004, vandals
attacked a Jewish school, cemetery, and area synagogues, painting
swastikas and antisemitic slogans on the walls of the synagogue and on
residential property in a predominantly Jewish neighborhood nearby.
This alarming trend has not gone unnoticed. The high number of
antisemitic incidents in Europe and other parts of the world has caused
the United States, working with our allies and international
organizations such as the Organization for Security and Cooperation in
Europe, to take action.
Efforts to highlight growing antisemitism began in earnest following
the Helsinki Commission hearing in May 2002, to which I have just
referred. During that hearing, I called on the

[[Page S3925]]

OSCE to conduct a separate session on antisemitism during the annual
meeting of the OSCE parliamentary assembly in Berlin in July 2002. I
was pleased this did in fact take place. Delegates to this meeting also
unanimously passed a resolution calling attention to the dangers of
antisemitism, which I cosponsored. I was honored to be in Berlin for
the meeting, joining Representative Chris Smith, who serves as chairman
of the Helsinki Commission and continues to be a great leader on this
issue. We are very fortunate to have Chris Smith heading the Helsinki
Commission in the House of Representatives. He is doing a wonderful
job. Work continued upon our return with letters to the President and
Secretary of State, underscoring the importance of a strong U.S.
commitment to the fight against global antisemitism.
Last June, former New York City Mayor Rudy Giuliani led the U.S.
delegation to the first conference of the OSCE dedicated solely to the
issue of antisemitism.
The conference took place in Vienna, bringing together
parliamentarians, officials, and private citizens from all 55 OSCE
participating states. This conference was the product of much hard work
and would not have been a reality without the strong support of
Secretary of State Colin Powell, Under Secretary of State for Political
Affairs Mark Grossman, and our Ambassador to the OSCE, Stephan Minikes.
Stephan Minikes, by the way, I think is the most outstanding ambassador
the United States has sent to the OSCE in a very long time.
The Vienna conference was a step in the right direction. I believe
Mayor Giuliani best captured the significance of the event when he
remarked:

The conference represents a critical first step for
Europeans who have too frequently dismissed anti-Semitic
violence as routine assaults and vandalism. Antisemitism is
anything but routine. When people attack Jews, vandalize
their graves, characterize them in inhumane ways, and make
salacious statements in parliaments or to the press, they are
attacking the defining values of our societies and our
international institutions.

While the Vienna conference provided a solid foundation, followup to
the meeting is absolutely essential. As such, the OSCE will convene a
second conference on antisemitism in Berlin later this month. I believe
this meeting is urgently needed, and I am pleased Secretary Powell has
asked me to serve as a member of the U.S. delegation to this critical
gathering.
Again, this meeting in Vienna would not have happened without the
strong support of our Secretary of State and his team at the State
Department.
In Berlin, our goal is to ensure we move beyond rhetoric and move
forward to institutionalize the fight against antisemitism in the OSCE.
We hope to put in place an action plan to formalize a process to
identify, monitor, and measure efforts to combat antisemitism in each
of the 55 OSCE participating states, including the United States.
Too often, as the Presiding Officer knows, there is a lot of talk at
these meetings but no action. If we are to be successful in our effort,
we must establish a commitment to action--action that can be monitored.
This is the message I have continued to stress.
Last July, I wrote to those individuals who joined Mayor Giuliani as
members of the U.S. delegation to the Vienna conference, including
Abraham Foxman of the Anti-Defamation League, Mike Levin of the
National Conference on Soviet Jewry, David Harris of the American
Jewish Committee, and Dave Mariaschin of B'nai B'rith, asking them for
recommendations for action, things that can be done to encourage
tangible steps rather than just dialog. They came back to me with
recommendations for the Berlin conference which I then sent to
Secretary of State Colin Powell.
Madam President, I ask unanimous consent that my letter to Secretary
Powell, including the proposed agenda for the Berlin conference, be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

United States Senate,

Washington, DC, February 6, 2004.
Hon. Colin L. Powell,
Secretary of State, U.S. Department of State, Washington, DC.
Dear Secretary Powell: I would like to take this
opportunity to thank you for your continued leadership on
efforts to combat anti-Semitism abroad. The United States has
played an important role in highlighting the need to take
action on this issue, both through our bilateral
relationships and interaction with international
organizations such as the Organization for Security and
Cooperation in Europe (OSCE).
Significant progress has been made during the last year on
efforts to raise awareness of the rise in anti-Semitic
violence in Europe and other parts of the world. The Vienna
Conference on Anti-Semitism convened by the OSCE last June
was an important step in the right direction; however, I
believe that the follow-up to this meeting is critical. As
such, I was pleased that you, and others, expressed support
for a second meeting on anti-Semitism during the OSCE
Ministerial in Maastricht.
As the United States prepares for this follow-up meeting,
scheduled to take place in Berlin this April, I believe that
we should work together to establish clear objectives and
outline a solid agenda. It is in this spirit that I would
like to share with you the attached recommendations for
action items that have been outlined by a number of
nongovernmental organizations with a long-standing interest
in the issue of anti-Semitism. I hope that you find them
useful as planning for the Berlin conference continues.
Again, thank you for ongoing work to raise awareness of
this serious problem. I look forward to working with you in
the months leading to this important event.
Sincerely,
George V. Voinovich,
United States Senator.
____

January 21, 2004.
Hon. George V. Voinovich,
U.S. Senate,
Washington, DC.
Dear Senator Voinovich: On behalf of our organizations, we
commend you for your leadership in the domestic and global
fight against anti-Semitism, particularly your role in
gaining the attention and commitment of European governments.
We are writing to respond to your request for actionable
steps the United States can take to facilitate concrete
responses to anti-Semitism in the OSCE region.
In anticipation of the upcoming April 2004 OSCE anti-
Semitism conference in Berlin, we have compiled the following
points for your consideration. We also take this opportunity
to reiterate the important role that you and other Senators
are playing in this process, and the indispensable diplomatic
campaign by the U.S. Government.

Berlin OSCE Conference

1. Program should include plenary speeches and workshops in
the areas of:
Governmental/Parliamentary action;
Law Enforcement: monitoring, hate crimes response, anti-
bias education;
Education: Making anti-bias education a component of
education from an early age;
The role of the media in setting a tone for tolerance in
the public debate.
Following the opening plenary, multiple concurrent
workshops would enable the program to cover more ground and
make the two days as productive as possible for delegation
members from law enforcement, educational and other areas.
2. Governments should be encouraged to:
Reflect the seriousness and sense of urgency with which the
OSCE views the problem by appointing high-level government
delegations;
Appoint delegations which also include officials from
agencies outside the foreign ministry who are poised to play
a role in implementing relevant programs against anti-
Semitism (e.g., interior, education, justice, police,
parliament), which should also be a consideration in
assembling the U.S. delegation;
Include non-governmental leaders in their national
delegations, reflecting interdenominational, human rights and
Jewish community perspectives;
Utilize the conference as a forum to bring to light best
practices from their country where relevant, including
governmental as well as community examples;
Report on progress toward implementing Holocaust-related
and other tolerance education, with reference to the Task
Force for International Cooperation on Holocaust Education,
Remembrance, and Research;
Publicly repudiate incitement and other efforts to turn
political grievances into appeals to ethnic hatred, anti-
Semitism and the denial of Holocaust history;
Counter Middle Eastern sources of anti-Semitic and other
hate material.
3. Preparation and Follow-Up:
In Berlin, announce the establishment of ministerial
working groups or task forces in the areas such as education,
monitoring, and law enforcement. These tracks would work
together to monitor implementation of recommendations and
convene follow-up meetings of experts to assess progress on
implementation and exchange strategies. The United States,
Germany and the Bulgarian OSCE Chairmanship should
communicate now with counterparts to interest key players and
recruit ministers in advance who would be willing in Berlin
to announce their involvement and assume specific
responsibilities (e.g., German Interior Minister Otto Schily,
French Minister of Interior Nicolas Sarkozy and Education
Minister Luc Ferry).
Craft an agenda for the working groups, and establish
ongoing interface with the OSCE Office for Democratic
Institutions and Human Rights (ODIHR), including the annual
OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw.

[[Page S3926]]

4. A joint declaration and program of action against anti-
Semitism should be developed in advance consultations and
unveiled in Berlin by the consenting governments.

osce monitoring of anti-semitism

ODIHR should craft a data collection model. A visit to the
United States and other relevant OSCE countries by Ambassador
Strohal and his team would enable vital consultations with
hate-crime monitoring experts in and out of government.
In addition to collecting and analyzing data, ODIHR needs
to implement its new mandate by working with OSCE member
states to promote in-country programs and legislation. ODIHR
should also begin evaluating and developing recommended
standards for reporting and classifying of incidents.
OSCE law-enforcement programs should include an anti-bias
unit where possible.
A session in the October HDIM should be devoted to a status
report on this and related initiatives.
As you know, Senator, our organizations are in close
coordination with the United States Government, with each
other and with other governments and interested parties to
maximize the possibilities for Berlin and beyond. We
appreciate your initiative in soliciting our input on this
timely and vital matter, and look forward to continuing our
work with you and your Senate colleagues.
Sincerely,
Mark B. Levin,
Executive Director, NCSJ: Advocates on behalf of Jews in
Russia, Ukraine, the Baltic States & Eurasia
Daniel S. Mariaschin,
Executive Vice President, B'nai B'rith International
Malcolm Hoenlein,
Executive Vice Chairman, Conference of Presidents of Major
American Jewish Organizations
Abraham H. Foxman,
National Director, Anti-Defamation League
Hannah Rosenthal,
Executive Director, Jewish Council for Public Affairs
David A. Harris,
Executive Director, American Jewish Committee.

Mr. VOINOVICH. Madam President, I am pleased the State Department has
taken these suggestions into consideration in working to prepare the
agenda for the Berlin conference. There has been a great deal of effort
to ensure this conference meets my expectations and others', and it is
my sincere hope this meeting will help move toward the goal of zero
tolerance for antisemitism in the world today. While I believe we must
do all we can to encourage our allies and partners abroad, as well as
our international organizations, such as the OSCE, the United Nations,
and the EU to combat antisemitism, it is important we redouble our
efforts at home to call attention to this problem.
Tomorrow the Senate Foreign Relations Committee will conduct a
hearing to examine antisemitism in Europe. This continues discussion on
the issue following a hearing that took place last October. While this
is significant, we can and we ought to do more.
Today I introduce legislation calling attention to the growing
problem of antisemitism abroad. This bill, called the Global
Antisemitism Review Act of 2004, urges the United States to continue to
strongly support efforts to highlight antisemitism through bilateral
relationships and interaction with international organizations, such as
the Organization for Security and Cooperation in Europe.
Further, the legislation requires the Secretary of State to submit to
Congress an annual report on acts of antisemitism worldwide. The report
will include a description of the following for each foreign country;
in other words, we are going to have a report on each one of the 55
members of the OSCE.
First, a description of physical violence against or harassment of
Jewish people or community institutions, such as schools, synagogues,
or cemeteries, that occurred in that country; second, the response of
the government of that country to such attacks; third, actions by the
government of that country to enact and enforce laws relating to the
protection of the rights to religious freedom with respect to Jewish
people; and finally, the efforts made by that government to promote
antibias and tolerance education.
The last point I think is so important. If we are truly to be
successful, it is imperative we work to promote tolerance and bring
about a change in the hearts and minds of those people responsible for
acts of antisemitism and other hate crimes. We can do something about
their mouths, their hands, and their feet, but the real challenge for
us is to change their minds and their hearts.
Last year, both the Senate and the House of Representatives passed
resolutions calling on the State Department to thoroughly document acts
of antisemitism worldwide. This bill would take it one step further. I
believe it is essential, and I urge my colleagues to join me in
supporting swift passage of this legislation which will underscore the
high priority Congress and the U.S. Government have given to zero
tolerance of global antisemitism.
Mr. VOINOVICH. 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. 2292

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 ``Global Anti-Semitism Review
Act of 2004''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) Acts of anti-Semitism in countries throughout the
world, including some of the world's strongest democracies,
have increased significantly in frequency and scope over the
last several years.
(2) During the first 3 months of 2004, there were numerous
instances of anti-Semitic violence around the world,
including the following incidents:
(A) In Australia on January 5, 2004, poison was used to
ignite, and burn anti-Semitic slogans into, the lawns of the
Parliament House in the state of Tasmania.
(B) In St. Petersburg, Russia, on February 15, 2004,
vandals desecrated approximately 50 gravestones in a Jewish
cemetery, painting the stones with swastikas and anti-Semitic
graffiti.
(C) In Toronto, Canada, over the weekend of March 19
through March 21, 2004, vandals attacked a Jewish school, a
Jewish cemetery, and area synagogues, painting swastikas and
anti-Semitic slogans on the walls of a synagogue and on
residential property in a nearby, predominantly Jewish,
neighborhood.
(D) In Toulon, France, on March 23, 2004, a Jewish
synagogue and community center were set on fire.
(3) Anti-Semitism in old and new forms is also increasingly
emanating from the Arab and Muslim world on a sustained
basis, including through books published by government-owned
publishing houses in Egypt and other Arab countries.
(4) In November 2002, state-run television in Egypt
broadcast the anti-Semitic series entitled ``Horseman Without
a Horse,'' which is based upon the fictitious conspiracy
theory know as the Protocols of the Elders of Zion. The
Protocols have been used throughout the last century by
despots such as Adolf Hitler to justify violence against
Jews.
(5) In November 2003, Arab television featured an anti-
Semitic series, entitled ``Ash-Shatat'' (or ``The
Diaspora''), which depicts Jewish people hatching a plot for
Jewish control of the world.
(6) The sharp rise in anti-Semitic violence has caused
international organizations such as the Organization for
Security and Cooperation in Europe (OSCE) to elevate, and
bring renewed focus to, the issue, including the convening by
the OSCE in June 2003 of a conference in Vienna dedicated
solely to the issue of anti-Semitism.
(7) The OSCE will again convene a conference dedicated to
addressing the problem of anti-Semitism on April 28-29, 2004,
in Berlin, with the United States delegation to be led by
former Mayor of New York City Ed Koch.
(8) The United States Government has strongly supported
efforts to address anti-Semitism through bilateral
relationships and interaction with international
organizations such as the OSCE, the European Union, and the
United Nations.
(9) Congress has consistently supported efforts to address
the rise in anti-Semitic violence. During the 107th Congress,
both the Senate and the House of Representatives passed
resolutions expressing strong concern with the sharp
escalation of anti-Semitic violence in Europe and calling on
the Department of State to thoroughly document the
phenomenon.

SEC. 3. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) the United States Government should continue to
strongly support efforts to combat anti-Semitism worldwide
through bilateral relationships and interaction with
international organizations such as the OSCE; and
(2) the Department of State should thoroughly document acts
of anti-Semitism that occur around the world.

[[Page S3927]]

SEC. 4. REPORT.

Not later than 180 days after the date of enactment of this
Act, and annually thereafter, the Secretary of State shall
submit to the Committee on Foreign Relations of the Senate
and the Committee on International Relations of the House of
Representatives a report on acts of anti-Semitism around the
world, including a description of--
(1) acts of physical violence against, or harassment of,
Jewish people, and acts of violence against, or vandalism of,
Jewish community institutions, such as schools, synagogues,
or cemeteries, that occurred in each country;
(2) the responses of the governments of those countries to
such actions;
(3) the actions taken by such governments to enact and
enforce laws relating to the protection of the right to
religious freedom of Jewish people; and
(4) the efforts by such governments to promote anti-bias
and tolerance education.
______

By Mr. DOMENICI:
S. 2294. A bill to authorize the conveyance of certain Federal land
in the State of New Mexico; to the Committee on Agriculture, Nutrition,
and Forestry.
Mr. DOMENICI. Mr. President, today I rise to introduce an
uncontroversial piece of legislation that I hope will receive prompt
committee action and will make its way quickly to the President's desk
for his signature.
I would first like to familiarize the Senate with the important
mission and related work of the Chihuahuan Desert Nature Park in Las
Cruces, NM. The Chihuahuan Desert is the largest desert in North
America and contains a great diversity of unique plant and animal
species. The ecosystem makes up an indispensable part of southwest's
treasured ecological diversity. As such, it is important that we teach
our young ones an appreciation for New Mexico's biological diversity
and impart upon them the value of this ecological treasure.
The Chihuahuan Desert Nature Park is a non-profit institution that
has spent the past six years providing hands-on science education to K-
12th graders. To achieve this mission, the Nature Park provides
classroom presentation, field trips, schoolyard ecology projects and
teacher work shops. The Nature Park serves more than 11,000 students
and 600 teachers annually. This instruction will enable our future
leaders to make informed decisions about how best to manage these
valuable resources. I commend those at the Nature Park for taking the
initiative to create and administer a wonderfully successful program
that has been so beneficial to the surrounding community.
The Chihuahuan Desert Nature Park was granted a 1,000 acre easement
in 1998 at the southern boundary of USDA-Agriculture Research Service
(USDA-ARS) property just north of Las Cruces, NM. This easement will
expire soon. It is important that we provide them a permanent location
so that they are able to continue their valuable mission.
The bill I introduce today would transfer an insignificant amount of
land: 1,000 of 193,000 USDA acres to the Desert Nature Park so that
they may continue their important work. The USDA-ARS has approved the
land transfer, noting the critically important mission of the Desert
Park. I have no doubt that senators on both sides of the aisle will
recognize the importance of this land transfer.
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:
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 ``Jornada Experimental Range
Transfer Act of 2004''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Board.--The term ``Board'' means the Chihuahuan Desert
Nature Park Board.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.

SEC. 3. CONVEYANCE OF LAND TO CHIHUAHUAN DESERT NATURE PARK
BOARD.

(a) Conveyance.--The Secretary may convey to the Board, by
quitclaim deed, for no consideration, all right, title, and
interest of the United States in and to the land described in
subsection (b).
(b) Description of Land.--The parcel of land referred to in
subsection (a) consists of not more than 1000 acres of land
selected by the Secretary--
(1) that is located in the Jornada Experimental Range in
the State of New Mexico; and
(2) that is subject to an easement granted by the
Agricultural Research Service to the Board.
(c) Conditions.--The conveyance of land under subsection
(a) shall be subject to--
(1) the condition that the Board pay--
(A) the cost of any surveys of the land; and
(B) any other costs relating to the conveyance;
(2) any rights-of-way to the land reserved by the
Secretary;
(3) a covenant or restriction in the deed to the land
described in subsection (b) requiring that--
(A) the land may be used only for educational purposes;
(B) if the land is no longer used for the purposes
described in subparagraph (A), the land shall, at the
discretion of the Secretary, revert to the United States; and
(C) if the land is determined by the Secretary to be
environmentally contaminated under subsection (d)(2)(A), the
Board shall remediate the contamination; and
(4) any other terms and conditions that the Secretary
determines to be appropriate.
(d) Reversion.--If the land conveyed under subsection (a)
is no longer used for the purposes described in subsection
(c)(3)(A)--
(1) the land shall, at the discretion of the Secretary,
revert to the United States; and
(2) if the Secretary chooses to have the land revert to the
United States, the Secretary shall--
(A) determine whether the land is environmentally
contaminated, including contamination from hazardous wastes,
hazardous substances, pollutants, contaminants, petroleum, or
petroleum by-products; and
(B) if the Secretary determines that the land is
environmentally contaminated, the Board or any other person
responsible for the contamination shall remediate the
contamination.
______

By Mr. McCAIN (for himself, Mr. Kyl, Mr. Dorgan, Mr. Schumer,
Mrs. Clinton, and Mrs.Boxer):
S. 2295. A bill to authorize appropriations for the Homeland Security
Department's Directorate of Science and Technology, establish a program
for the use of advanced technology to meet homeland security needs, and
for other purposes; to the Committee on Commerce, Science, and
Transportation.
Mr. McCAIN. Mr. President, I am pleased to be joined today by a
number of my colleagues representing southern and northern border
States, including Senators Kyl, Dorgan, Schumer, Clinton, and Boxer in
introducing the Border Security and Technology Integration Act of 2004.
This bill was developed together with my fellow Arizonan, Congressman
Kolbe, who has introduced the House companion to this bill. It is
designed to identify and address gaps in border infrastructure and
enforcement and promote our Nation's security efforts.
As estimated one million people enter this country illegally every
year. Last year, more than 300 people died illegally crossing the
border separating the United States and Mexico--and over 200 of those
deaths occurred in the Arizona desert. Although the vast majority of
these individuals do not intend to harm our Nation, we must recognize
our vulnerability to security threats and take action to address
identified safety and security lapses. Improving enforcement along our
porous borders, as proposed in this legislation, would be one very
important step in our efforts to promote national security.
While I commend the Department of Homeland Security (DHS) for its
many actions taken over the past year, much remains to be done to
secure our Nation. We do not have sufficient control of our Nation's
borders, and that fact represents a serious threat to our Nation's
security. The solution is two part. We must couple comprehensive
immigration reform with improvements in infrastructure and enforcement
in the border region--one without the other will never solve this
problem. Last summer I introduced comprehensive immigration reform
legislation to address our broken immigration system. The Border
Security and Technology Integration Act of 2004 would address the other
half of the border security equation--improving technology,
infrastructure, and coordination in the border region.
The Border Security and Technology Integration Act is intended to
improve security along the vast expanses of land between ports of entry
along our Nation's northern and southern borders. It would direct the
Department of Homeland Security (DHS) to conduct comprehensive
vulnerability and threat assessments throughout Bureau of Customs and
Border Protection field offices to determine what technology and
equipment are needed to improve security. The bill would establish two

[[Page S3928]]

new border technology pilot programs, one to address aerial
surveillance and another to address ground surveillance, that together,
will comprehensively evaluate technologies that can improve security
along the borders.
With jurisdiction along the border divided among a number of Federal,
State, local, and tribal government agencies, coordination and
communication between entities too often falls short. To address this
problem, this bill would direct DHS to develop plans to improve
coordination, communications integration, and information sharing among
the various governmental agencies.
The bill also would provide additional direction to the Science and
Technology (S&T) Directorate within the DHS. The S&T Directorate is
responsible for coordinating research, development, testing, and
evaluation activities for all elements of DHS. It also has distinct
program areas dedicated to addressing each major category of weapons of
mass destruction, such as chemical, biological, radiological, nuclear,
and high-explosives. In fiscal year 2004, DHS received $1.04 billion in
research and development (R&D) funding, with $874 million appropriated
to the S&T Directorate.
The Border Security and Technology Integration Act is intended to
improve the coordination and integration of R&D needs and priorities
managed by the S&T Directorate. Although most of Department's R&D
activities are within the S&T Directorate, other directorates within
DHS also include an R&D component. The lack of consolidatoin of R&D
activities raises concern about the potential for duplication and
misuse of R&D funds. The FY 2005 budget request recognizes the need to
consolidate research funds, and to assist with this effort, this bill
would direct DHS to identify all R&D activities outside of the S&T
Directorate and consolidate these activities within the Directorate to
minimize waste and duplication of efforts.
Technology transfer, which is defined as ``a process by which
technology developed in one organization, in one area, or for one
purpose is applied in another organization, in another area, or for
another purpose'' is an essential component of the new S&T Directorate.
This legislation will direct the Undersecretary of the S&T Directorate
to establish a Technology Transfer and Licensing Office to facilitate
the transfer of technologies into and out of the S&T Directorate and to
handle licensing activities for the S&T Directorate. It also would
direct DHS to conduct a study to determine the feasibility of
establishing a nonprofit government-sponsored enterprise for investing
in private sector enterprises that develop new technologies that show
promise for homeland security applications.
Again, border security and immigration reform represent national
security issues for all Americans and matters of life and death for
many living along the border. Since January, over 2,000 suspected
smugglers and well over 155,000 undocumented immigrants have been
apprehended across Arizona.
The Federal Government's inability to adequately secure our borders
perpetuates a state of lawlessness, shifting substantial financial and
social burdens to residents of the border region. Violent crimes in
Phoenix, alone, have risen 400 percent over the past year, largely due
to human smugglers. Across the Nation, hospitals spend well over $200
million a year providing uncompensated care to undocumented immigrants,
forcing many hospitals along the border to close their doors or
dramatically reduce services. Cash-strapped local law enforcement
officials spend millions of dollars covering the cost of incarcerating
undocumented immigrants. Frustrated by this situation, some residents
have taken the law into their own hands, forming vigilante groups to
patrol the border.
While DHS has recently launched several initiatives, including
Operation ICE Storm and the Arizona Border Control Initiative, which I
hope will substantially improve security in the Arizona border region,
we must do more. Manpower alone can never secure the border. We need a
comprehensive border-wide security approach that involves people,
infrastructure, and technology.
I urge may colleagues to support our efforts to address border
security in a reasoned and responsible manner. 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. 2295

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Border Infrastructure and
Technology Integration Act of 2004''.

TITLE I--BORDER SECURITY

SEC. 101. VULNERABILITY AND THREAT ASSESSMENT.

(a) Study.--The Under Secretary of Homeland Security for
Border and Transportation Security, in consultation with the
Under Secretary of Homeland Security for Science and
Technology and the Under Secretary of Homeland Security for
Information Analysis and Infrastructure Protection, shall
study the technology, equipment, and personnel needed to
address security vulnerabilities within the United States for
each field office of the Bureau of Customs and Border
Protection that has responsibility for any portion of the
United States borders with Canada and Mexico, including an
assessment of the optimal Border Patrol strength for those
borders. The Under Secretary shall conduct follow-up studies
at least once every 5 years.
(b) Report to Congress.--The Under Secretary shall submit a
report to Congress on the Under Secretary's findings and
conclusions from each study conducted under subsection (a)
together with legislative recommendations, as appropriate,
for addressing any security vulnerabilities found by the
study.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Homeland Security
Directorate of Border and Transportation Security such sums
as may be necessary for fiscal years 2005 through 2010 to
carry out any such recommendations from the first study
conducted under subsection (a).

SEC. 102. DISCRETIONARY ACCOUNTS FOR FIELD OFFICES.

(a) In General.--The Secretary of Homeland Security may
provide up to $15,000 per fiscal year to any field office of
the Bureau of Customs and Border Protection to be used by
that office in developing innovative techniques and
technologies to carry out its duties with respect to the
inspection of articles and individuals entering the United
States. Financial assistance provided to a field office under
this subsection shall be in addition to any amounts made
available to that office under any other provision of law.
(b) Applications.--To receive funding provided under
subsection (a) a field office shall submit an application to
the Secretary, at such time and in such manner as the
Secretary may require, describing the purpose for which the
additional funding is requested in sufficient detail to
permit the Secretary to determine whether the additional
funding is necessary and appropriate.
(c) Reports.--
(1) Information-sharing.--Not later than 30 days after the
head of a field office implements a new technique or
technology developed in whole or in part with funding
provided under subsection (a), the head of the field office
shall submit a report to the Commissioner of the Bureau of
Customs and Border Protection of the Department of Homeland
Security, the Under Secretary of Homeland Security for Border
and Transportation Security, the Under Secretary of Homeland
Security for Science and Technology, and the heads of the
other field offices regarding the technique or technology in
order for successful techniques and technologies to be
replicated by other offices.
(2) Contents.--The report shall include--
(A) a description of the technique or technology developed
or implemented with funds provided under subsection (a); and
(B) information on--
(i) how the technique or technology was employed to enhance
border security;
(ii) the effectiveness of the technique or technology for
enhancing border security; and
(iii) the need for future development or implementation of
additional techniques or technology;
(C) accounting for expenditures of funds received under
subsection (a);
(D) requesting more funding under subsection (a) if the
head of the field office believes it necessary to improve or
further develop the technique or technology, or to develop
additional techniques or technologies; and
(E) providing an explanation of the need for such
additional funding and a justification for the amount
requested.

SEC. 103. USE OF AERIAL SURVEILLANCE TECHNOLOGIES FOR BORDER
SECURITY.

[[Page S3929]]

(1) consider current and proposed aerial surveillance
technologies that could be utilized to enhance the border
security of the United States;
(2) assess the threats to the border security of the United
States that can be addressed by the utilization of such
technologies; and
(3) assess the feasibility and advisability of utilizing
such technologies to address such threats, including an
assessment of the technologies considered best suited to
address such threats.
(b) Additional Requirements.--
(1) In general.--The pilot program shall include the
utilization of a variety of aerial surveillance technologies
in a variety of topographies and areas (including both
populated and unpopulated areas) on both the northern and
southern borders of the United States in order to evaluate,
for a range of circumstances--
(A) the significance of previous experiences with such
technologies in homeland security or critical infrastructure
protection for the utilization of such technologies for
border security;
(B) the cost, utility, and effectiveness of various
technologies for border security, including varying levels of
technical complexity; and
(C) liability, safety, and privacy concerns relating to the
utilization of such technologies for border security.
(2) Use of unmanned aerial vehicles.--The aerial
surveillance technologies utilized in the pilot program shall
include unmanned aerial vehicles.
(c) Implementation.--The Under Secretary of Homeland
Security for Border and Transportation Security shall
implement the pilot program developed under this section.
(d) Report.--Not later than 1 year after implementing the
pilot program under subsection (a), the Under Secretary shall
submit a report on the program to the Senate Committee on
Commerce, Science, and Transportation, the House of
Representatives Committee on Science, and the House of
Representatives Select Committee on Homeland Security. The
Under Secretary shall include in the report a description of
the program together with such recommendations as the Under
Secretary finds appropriate, including recommendations for
terminating the program, making the program permanent, or
enhancing the program.

SEC. 104. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR BORDER
SECURITY.

(a) Pilot Program.--Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Homeland
Security for Science and Technology, in consultation with the
Under Secretary of Homeland Security for Border and
Transportation Security, the Under Secretary of Homeland
Security for Information Analysis and Infrastructure
Protection, and the Secretary of Defense, shall develop a
pilot program to utilize, or increase the utilization of,
ground surveillance technologies to enhance the border
security of the United States. In developing the program, the
Under Secretary shall--
(1) consider various current and proposed ground
surveillance technologies that could be utilized to enhance
the border security of the United States;
(2) assess the threats to the border security of the United
States that could be addressed by the utilization of such
technologies; and
(3) assess the feasibility and advisability of utilizing
such technologies to address such threats, including an
assessment of the technologies considered best suited to
address such threats.
(b) Additional Requirements.--
(1) In general.--The pilot program shall include the
utilization of a variety of ground surveillance technologies
in a variety of topographies and areas (including both
populated and unpopulated areas) on both the northern and
southern borders of the United States in order to evaluate,
for a range of circumstances--
(A) the significance of previous experiences with such
technologies in homeland security or critical infrastructure
protection for the utilization of such technologies for
border security;
(B) the cost, utility, and effectiveness of such
technologies for border security; and
(C) liability, safety, and privacy concerns relating to the
utilization of such technologies for border security.
(2) Technologies.--The ground surveillance technologies
utilized in the pilot program shall include the following:
(A) Video camera technology.
(B) Sensor technology.
(C) Motion detection technology.
(c) Implementation.--The Under Secretary of Homeland
Security for Border and Transportation Security shall
implement the pilot program developed under this section.
(d) Report.--Not later than 1 year after implementing the
pilot program under subsection (a), the Under Secretary shall
submit a report on the program to the Senate Committee on
Commerce, Science, and Transportation, the House of
Representatives Committee on Science, and the House of
Representatives Select Committee on Homeland Security. The
Under Secretary shall include in the report a description of
the program together with such recommendations as the Under
Secretary finds appropriate, including recommendations for
terminating the program, making the program permanent, or
enhancing the program.

SEC. 105. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND
INFORMATION SHARING ON BORDER SECURITY.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, acting through the Under Secretary of Homeland
Security for Border and Transportation Security, in
consultation with the Under Secretary of Homeland Security
for Science and Technology, the Under Secretary of Homeland
Security for Information Analysis and Infrastructure
Protection, the Assistant Secretary of Commerce for
Communications and Information, and other appropriate
Federal, State, local, and tribal agencies, shall develop and
implement a plan--
(1) to improve the communications systems of the
departments and agencies of the Federal Government in order
to facilitate the integration of communications among the
departments and agencies of the Federal Government and State,
local government agencies, and Indian tribal agencies on
matters relating to border security; and
(2) to enhance information sharing among the departments
and agencies of the Federal Government, State and local
government agencies, and Indian tribal agencies on such
matters.
(b) Report.--Not later than 1 year after implementing the
plan under subsection (a), the Secretary shall submit a copy
of the plan and a report on the plan, including any
recommendations the Secretary finds appropriate, to the
Senate Committee on Commerce, Science, and Transportation,
the House of Representatives Committee on Science, and the
House of Representatives Select Committee on Homeland
Security.

SEC. 106. BORDER SECURITY COORDINATION.

(a) In General.--The Under Secretary of Homeland Security
for Border and Transportation Security, in consultation with
the Under Secretary of Homeland Security for Science and
Technology and the Under Secretary of Homeland Security for
Information Analysis and Infrastructure Protection, shall
work with Federal, State, local, and tribal agencies on law
enforcement, emergency response, or security-related
responsibilities for areas on or adjacent to the United
States borders with Canada and Mexico to develop and
implement a plan to ensure that border security is not
compromised--
(1) when jurisdiction over an area or facility passes from
one agency to another;
(2) in areas of shared jurisdiction; or
(3) when one Federal agency relinquishes jurisdiction to
another pursuant to a memorandum of understanding.
(b) Key Elements of Plan.--In developing the plan, the
Under Secretary shall focus particularly on--
(1) the coordination of emergency responses to border
security events;
(2) improved data-sharing and communications among the
responsible agencies; and
(3) research and development relating to technology and
systems for improved coordination among the responsible
agencies.
(c) Report.--Not later than 1 year after implementing the
plan under subsection (a), the Under Secretary shall transmit
a report to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Science, the House of Representatives Select Committee on
Homeland Security, and other appropriate committees of
Congress on the development and implementation of the plan.
The report shall include information on Federal agency
response times to calls for assistance on immigration-related
matters from State and local government agencies.

SEC. 107. MONITORING FOR BORDER AREA BIOTERRORISM ATTACKS.

(a) In General.--The Secretary of Homeland Security and the
Secretary of Health and Human Services shall execute a
memorandum of understanding between the Department of
Homeland Security and the Department of Health and Human
Services establishing a system--
(1) to monitor hospitals along the United States borders
with Canada and Mexico for signs of potential health threats
or bioterror attacks; and
(2) to ensure cooperation and information-sharing between
the departments with respect to such threats or attacks.
(b) Report.--Not later than 1 year after the memorandum of
understanding is executed and annually thereafter, the
Secretaries shall transmit a joint report to the Congress on
the system established under subsection (a) during the
preceding calendar year. The report shall include a
description of measures taken to deal with any problems
reported, proposals for improving the system, and
recommendations (including legislative recommendations if
appropriate), to improve or expand the system.

TITLE II--DEPARTMENT OF HOMELAND SECURITY DIRECTORATE OF SCIENCE AND
TECHNOLOGY

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

(a) Fiscal year 2005.--There are authorized to be
appropriated to the Secretary of Homeland Security for the
Directorate of Science and Technology $1,039,350,000 for
fiscal year 2005 to carry out title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), of which--
(1) $129,300,000 shall be for radiological/nuclear
countermeasures;
(2) $407,000,000 shall be for biological countermeasures;
(3) $62,700,000 shall be for chemical and high explosives
countermeasures;
(4) $39,700,000 shall be for the standards and State and
local program;
(5) $34,000,000 shall be for the Conventional Missions/
Components Program;

[[Page S3930]]

(6) $30,000,000 shall be for university programs;
(7) $21,000,000 shall be for emerging threats;
(8) $76,000,000 shall be for the Rapid Prototyping Program;
(9) $101,900,000 shall be for threat and vulnerability
testing and assessment;
(10) $61,000,000 shall be for Counter MANPADS/Critical
Infrastructure Protection;
(11) $52,600,000 shall be for salary and expenses; and
(12) $24,150,000 shall be for Research and Development
Consolidation transferred funds.
(b) Fiscal Year 2006.--There are authorized to be
appropriated to the Secretary of Homeland Security for the
Directorate of Science and Technology $1,045,656,000 for
fiscal year 2006 to carry out title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), of which--
(1) $133,179,000 shall be for radiological/nuclear
countermeasures;
(2) $419,210,000 shall be for biological countermeasures;
(3) $64,581,000 shall be for chemical and high explosives
countermeasures;
(4) $40,891,000 shall be for the standards and State and
local program;
(5) $35,020,000 shall be for the Conventional Missions/
Components Program;
(6) $30,900,000 shall be for university programs;
(7) $21,630,000 shall be for emerging threats;
(8) $78,280,000 shall be for the Rapid Prototyping Program;
(9) $104,957,000 shall be for threat and vulnerability
testing and assessment;
(10) $62,830,000 shall be for Counter MANPADS/Critical
Infrastructure Protection; and
(11) $54,178,000 shall be for salary and expenses.
(c) Fiscal Year 2007.--There are authorized to be
appropriated to the Secretary of Homeland Security for the
Directorate of Science and Technology $1,077,025,680 for
fiscal year 2007 to carry out title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), of which--
(1) $137,174,370 shall be for radiological/nuclear
countermeasures;
(2) $431,786,300 shall be for biological countermeasures;
(3) $66,518,430 shall be for chemical and high explosives
countermeasures;
(4) $42,117,730 shall be for the standards and State and
local program;
(5) $36,070,600 shall be for the Conventional Missions/
Components Program;
(6) $31,827,000 shall be for university programs;
(7) $22,278,900 shall be for emerging threats;
(8) $80,628,400 shall be for the Rapid Prototyping Program;
(9) $108,105,710 shall be for threat and vulnerability
testing and assessment;
(10) $64,714,900 shall be for Counter MANPADS/Critical
Infrastructure Protection; and
(11) $55,803,340 shall be for salary and expenses.
(d) Fiscal Year 2008.--There are authorized to be
appropriated to the Secretary of Homeland Security for the
Directorate of Science and Technology $1,109,336,450 for
fiscal year 2008 to carry out title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), of which--
(1) $141,289,601 shall be for radiological/nuclear
countermeasures;
(2) $444,739,889 shall be for biological countermeasures;
(3) $68,513,983 shall be for chemical and high explosives
countermeasures;
(4) $43,381,262 shall be for the standards and State and
local program;
(5) $37,152,718 shall be for the Conventional Missions/
Components Program;
(6) $32,781,810 shall be for university programs;
(7) $22,947,267 shall be for emerging threats;
(8) $83,047,252 shall be for the Rapid Prototyping Program;
(9) $111,348,881 shall be for threat and vulnerability
testing and assessment;
(10) $66,656,347 shall be for Counter MANPADS/Critical
Infrastructure Protection; and
(11) $57,477,440 shall be for salary and expenses.

SEC. 202. RESEARCH NEEDS AND PRIORITIES REPORT.

(a) In General.--Not later than 180 days after the date of
enactment of this Act and annually thereafter, the Under
Secretary of Homeland Security for Science and Technology
shall transmit to the Senate Committee on Commerce, Science,
and Transportation, the House of Representatives Committee on
Science, and the House of Representatives Select Committee on
Homeland Security a report on research and development needs
and priorities identified for all elements of the Department
of Homeland Security.
(b) Content.--The report shall include a description of--
(1) the research and development needs in support of the
Department's missions;
(2) priorities established for directing, funding, and
conducting research and development activities of the
Department;
(3) the Directorate of Science and Technology's efforts and
priorities to meet the research and development needs of the
Department;
(4) the progress that the Science and Technology
Directorate has made in its efforts to meet the needs
described in paragraph (1); and
(5) strategies to coordinate and integrate all research,
development, demonstration, testing, and evaluation
activities of the Department.

SEC. 203. NATIONAL ACADEMY OF SCIENCES.

(a) Review.--Not later than 60 days after the initial
report is submitted under section 202, the Under Secretary of
Homeland Security for Science and Technology shall contract
with the National Academy of Sciences to conduct a review of
the Science and Technology Directorate's research and
development needs and priorities described in the report. The
review shall include--
(1) an assessment of the Directorate's ability to meet the
research and development needs of the Department of Homeland
Security;
(2) a review of the process used to determine research
priorities;
(3) a review of the grant proposal evaluation process; and
(4) a review of the technology transfer process.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the National Academy of Sciences shall
report to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Science, and the House of Representatives Select Committee on
Homeland Security on the results of the review conducted
under subsection (a).

SEC. 204. RESEARCH AND DEVELOPMENT ACTIVITIES REPORTS.

Not later than 60 days after the initial report is
submitted under section 202, the Secretary of Homeland
Security shall--
(1) identify all research and development activities in the
Department of Homeland Security that are not conducted within
the Directorate of Science and Technology; and
(2) consolidate those activities so as to eliminate
needless duplication of effort.

SEC. 205. PERSONNEL PLAN.

Not later than 3 months after the date of enactment of this
Act, the Under Secretary of Homeland Security for Science and
Technology shall submit a personnel staffing plan for the
Science and Technology Directorate to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Science. The plan shall include
information on recruitment procedures, compensation
arrangements, and the number and qualifications of employees
required for the Directorate.

SEC. 206. HOMELAND SECURITY INSTITUTE.

Section 312 of the Homeland Security Act of 2002 (6 U.S.C.
192) is amended by striking subsection (g).

SEC. 207. TECHNOLOGY TRANSFER AND LICENSING OFFICE.

(a) Establishment of the Office.--The Under Secretary of
Homeland Security for Science and Technology shall establish
a Technology Transfer and Licensing Office within the
Directorate of Science and Technology. The Office shall--
(1) facilitate the transfer of technologies into and out of
the Directorate of Science and Technology; and
(2) handle the licensing activities for the Directorate of
Science and Technology.
(b) Technology Transfer Plan.--Not later than 180 days
after the date of enactment of this Act, the Under Secretary
shall develop and implement a technology transfer plan for
the Directorate. The technology transfer plan shall include--
(1) a framework of oversight and administrative
requirements for carrying out technology transfer activities;
(2) a description of how the Office will identify, assess,
license, and monitor research and development projects that
the Department and its related facilities determine have a
potential for public and commercial application; and
(3) procedures for the dissemination of information on
Federally owned or originated products, processes, and
services to interested parties.
(c) Plan and Report.--The Under Secretary shall transmit a
copy of the plan, together with recommendations (including
legislative recommendations) if any, to the Senate Committee
on Commerce, Science, and Transportation, the House of
Representatives Committee on Science, and the House of
Representatives Select Committee on Homeland Security within
1 year after the plan is implemented.

SEC. 208. HOMELAND SECURITY TECHNOLOGY INVESTMENT STUDY.

(a) In General.--Within 90 days after the date of enactment
of this Act, the Secretary of Homeland Security shall
initiate and complete a study to determine the feasibility of
funding a nonprofit government-sponsored enterprise for the
purpose of investing in private sector enterprises to support
research and development of new technologies that show
promise for homeland security applications.
(b) Report.--The Secretary shall transmit a report, with
the Secretary's findings, conclusions, and recommendations
(including legislative recommendations, if appropriate),
within 120 days after the date of enactment of this Act to
the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Science, and the House of Representatives Select Committee on
Homeland Security.
______

By Mrs. HUTCHISON (for herself and Ms. Snowe):

[[Page S3931]]

S. 2297. A bill to improve intermodal shipping container
transportation security; to the Committee on Commerce, Science, and
Transportation.
Mrs. HUTCHISON. 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. 2297

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 ``Intermodal Shipping
Container Security Act''.

SEC. 2. NATIONAL TRANSPORTATION SECURITY STRATEGY.

In carrying out section 114(f) of title 49, United States
Code, the Under Secretary of Homeland Security for Border and
Transportation Security shall take into account the National
Maritime Transportation Security Plan prepared under section
70103 of title 46, United States Code, by the Secretary of
the department in which the Coast Guard is operating when the
plan is prepared in order to ensure that the strategy for
dealing with threats to transportation security developed
under section 114(f)(3) of title 49, United States Code,
incorporates relevant aspects of the National Maritime
Transportation Security Plan and addresses all modes of
commercial transportation to, from, and within the United
States.

SEC. 3. COMPREHENSIVE STRATEGIC PLAN FOR INTERMODAL SHIPPING
CONTAINER SECURITY.

(a) Strategic Plan.--
(1) In general.--Within 180 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure a strategic plan for
integrating security for all modes of transportation by which
intermodal shipping containers arrive, depart, or move in
interstate commerce in the United States that--
(A) takes into account the security-related authorities and
missions of all Federal, State, and local law enforcement
agencies that relate to the movement of intermodal shipping
containers via air, rail, maritime, or highway transportation
in the United States; and
(B) establishes as a goal the creation of a comprehensive,
integrated strategy for intermodal shipping container
security that encompasses the authorities and missions of all
those agencies and sets forth specific objectives,
mechanisms, and a schedule for achieving that goal.
(2) Updates.--The Secretary shall revise the plan from time
to time.
(c) Identification of Problem Areas.--In developing the
strategic plan required by subsection (a), the Secretary
shall consult with all Federal; State, and local government
agencies responsible for security matters that affect or
relate to the movement of intermodal shipping containers via
air, rail, maritime, or highway transportation in the United
States in order to--
(1) identify changes, including legislative, regulatory,
jurisdictional, and organizational changes, necessary to
improve coordination among those agencies;
(2) reduce overlapping capabilities and responsibilities;
and
(3) streamline efforts to improve the security of such
intermodal shipping containers.
(d) Establishment of Steering Group.--The Secretary shall
establish, organize, and provide support for an advisory
committee, to be known as the Senior Steering Group, of
senior representatives of the agencies described in
subsection (c). The Group shall meet from time to time, at
the call of the Secretary or upon its own motion, for the
purpose of developing solutions to jurisdictional and other
conflicts among the represented agencies with respect to the
security of intermodal shipping containers, improving
coordination and information-sharing among the represented
agencies, and addressing such other, related matters, as the
Secretary may request.
(e) Annual Report.--The Secretary, after consulting the
Senior Steering Group, shall submit an annual report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure describing the activities of the Senior
Steering Group and the Secretary under this section,
describing the progress made during the year toward achieving
the objectives of the plan, and including any
recommendations, including legislative recommendations, if
appropriate for further improvements in dealing with
security-issues related to intermodal shipping containers and
related transportation security issues.
(f) Biennial Expert Critique.--
(1) Expert panel.--A panel of experts shall be convened
once every 2 years by the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure to review
plans submitted by the Secretary under subsection (a).
(2) Membership.--The panel shall consist of--
(A) 4 individuals selected by the chairman and ranking
member of the Senate Committee on Commerce, Science, and
Transportation and by the chairman and ranking member of
House of Representatives Committee on Transportation and
Infrastructure, respectively; and
(B) 1 individual selected by the 4 individuals selected
under subparagraph (A).
(3) Qualifications.--Individuals selected under paragraph
(2) shall be chosen from among individuals with professional
expertise and experience in security-related issues involving
shipping or transportation and without regard to political
affiliation.
(4) Compensation and expenses.--An individual serving as a
member of the panel shall not receive any compensation or
other benefits from the Federal Government for serving on the
panel or be considered a Federal employee as a result of such
service. Panel members shall be reimbursed by the Committees
for expenses, including travel and lodging, they incur while
actively engaged in carrying out the functions of the panel.
(5) Function.--The panel shall review plans submitted by
the Secretary under subsection (a), evaluate the strategy set
forth in the plan, and make such recommendations to the
Secretary for modifying or otherwise improving the strategy
as may be appropriate.

SEC. 4. SHIPPING CONTAINER INTEGRITY INITIATIVE.

(a) In General.--Chapter 701 of title 46, United States
Code, is amended
(1) by redesignating section 70117 as section 70118; and
(2) by inserting after section 70116 the following:

``Sec. 70117. Enhanced container-related security measures.

``(a) Tracking Intermodal Container Shipments in the United
States.--The Secretary, in cooperation with the Under
Secretary of Border and Transportation Security, shall
develop a system to increase the number of intermodal
shipping containers physically inspected (including
noninstrusive inspection by scanning technology), monitored,
and tracked within the United States.
``(b) Smart Box Technology.--Under regulations to be
prescribed by the Secretary, beginning with calendar year
2007 no less than 50 percent of all ocean-borne shipping
containers entering the United States during any calendar
year shall incorporate `Smart Box' or equivalent technology
developed, approved, or certified by the Under Secretary of
Homeland Security for Border and Transportation Security.
Beginning with calendar year 2009, any such container that
does not incorporate `Smart Box' or equivalent technology may
not enter the United States.
``(c) Development of International Standard for Smart
Containers.--The Secretary shall--
``(1) develop, and seek international acceptance of, a
standard for `smart' maritime shipping containers that
incorporate technology for tracking the location and
assessing the integrity of those containers as they move
through the intermodal transportation system; and
``(2) implement an integrated tracking and technology
system for such containers.''.
(b) Conforming Amendment.--The chapter analysis for chapter
701 of title 46, United States Code, is amended by striking
the item relating to section 70117 and inserting the
following:

``70117. Enhanced container-related security measures.
``70118. Civil penalties.''.

SEC. 5. ADDITIONAL RECOMMENDATIONS.

Within 180 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report that contains the following:
(1) Recommendations about what analysis must be performed
and the cost to develop and field a cargo container tracking
and monitoring system within the United States which tracks
all aviation, rail, maritime, and highway cargo containers
equipped ,with smart container technology.
(2) Recommendations on how the Department of Homeland
Security could help support the deployment of such a system.
(3) Recommendations as to how current efforts by the
Department of Homeland Security and other Federal agencies
could be incorporated into the physical screening or
inspection of aviation, rail, maritime, and highway cargo
containers within the United States.
(4) Recommendations about operating systems and standards
for those operating systems, to support the tracking of
aviation, rail, maritime, and highway cargo containers within
the United States that would include the location of
regional, State, and local operations centers.
(5) A description of what contingency actions, measures,
and mechanisms should be incorporated in the deployment of a
nationwide aviation, rail, maritime, and highway cargo
containers tracking and monitoring system which would allow
the United States maximum flexibility in responding quickly
and appropriately to increased terrorist threat levels at the
local, State, or regional level.

[[Page S3932]]

(6) A description of what contingency actions, measures,
and mechanisms must be incorporated in the deployment of such
a system which would allow for the quick reconstitution of
the system in the event of a catastrophic terrorist attack
which affected part of the system.
(7) Recommendations on how to leverage existing information
and operating systems within State or Federal agencies to
assist in the fielding of the system.
(8) Recommendations on co-locating local, State, and
Federal agency personnel to streamline personnel
requirements, minimize costs, and avoid redundancy.
(9) An initial assessment of the availability of private
sector resources which could be utilized, and incentive
systems developed, to support the fielding of the system, and
the maintenance and improvement as technology or terrorist
threat dictate.
(10) Recommendations on how this system that is focused on
the continental United States would be integrated into any
existing or planned system, or process, which is designed to
monitor the movement of cargo containers outside the
continental United States.

SEC. 6. IMPROVEMENTS TO CONTAINER TARGETING SYSTEMS.

(a) In General.--Within 90 days after the date of enactment
of this Act, the Secretary of Homeland Security shall submit
a report to the Senate Committee on Com merce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure that provides a preliminary
plan for strengthening the Bureau of Customs and Border
Protection's container targeting system. The plan shall
identify the cost and feasibility of requiring additional
non-manifest documentation for each container, including
purchase orders, shipper's letters of instruction, commercial
invoices, letters of credit, or certificates of origin.
(b) Reduction of Manifest Revision Window.--Within 60 days
after the date of enactment of this Act, the Secretary of
Homeland Security shall issue regulations under which the
time period for revisions to a container cargo manifest
submitted to the Bureau of Customs and Border Protection
shall be reduced from 60 days to 45 days after arrival at a
United States port.
(c) Supply Chain Information.--Within 180 days after the
date of enactment of this Act, the Secretary of Homeland
Security shall develop a system to share threat and
vulnerability information with all of the industries in the
supply chain that will allow ports, carriers, and shippers to
report on security lapses in the supply chain and have access
to unclassified maritime threat and security information such
as piracy incidents.

SEC. 7. INCREASE IN NUMBER OF CUSTOMS INSPECTORS ASSIGNED
OVERSEAS.

(a) In General.--The Secretary of Homeland Security shall
substantially increase the number of United States Customs
Service inspectors assigned to duty outside the United States
under the Container Security Initiative of the United States
Customs Service with responsibility for inspecting intermodal
shipping containers being shipped to the United States.
(b) Staffing Criteria.--In carrying out subsection (a) the
Secretary of Homeland Security shall determine the
appropriate level for assignment and density of customs
inspectors at selected international port facilities by a
threat, vulnerability, and risk analysis which, at a minimum,
considers--
(1) the volume of containers shipped;
(2) the ability of the host government to assist in both
manning and providing equipment and resources;
(3) terrorist intelligence known of importer vendors,
suppliers or manufactures; and
(4) other criteria as determined in consult with experts in
the shipping industry, terrorism, and shipping container
security.
(c) Minimum Number.--The total number of customs inspectors
assigned to international port facilities shall not be less
than the number determined as a result of the threat,
vulnerability, and risk assessment analysis which is
validated by the Administrator of the Transportation Security
Administration within 180 days after the date of enactment of
this Act.
(d) Plan.--The Secretary shall submit a plan to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure, with timelines, for phasing inspectors into
selected port facilities within 180 days after the enactment
of this Act.
____

By Mr. DURBIN (for himself and Mr. Akaka):
S. 2299. A bill to strengthen the national security by encouraging
and assisting in the expansion and improvement of educational programs
to meet critical needs at the elementary, secondary, and higher
education levels; to the Committee on Health, Education, Labor, and
Pensions.
Mr. DURBIN. Mr. President, I rise to speak about the need for
legislation to help attract the most highly skilled Federal workforce.
To help reach that goal, we need an education system that will ensure
that every young person has the tools needed to succeed in the 21st
century.
I have spoken many times about the fall of 1957, when the Soviet
Union launched Sputnik into orbit. We were caught off guard as a
Nation. The start of the space race revealed to us that major changes
had to be made to preserve our national security and to pull ahead in
scientific and technological innovation.
One year later, Congress passed landmark legislation--the National
Defense Education Act. The purpose of the act was ``to strengthen the
national defense and to encourage and assist in the expansion and
improvement of educational programs to meet critical national needs.''
The National Defense Education Act provided assistance to State and
local school systems to strengthen instruction in science, math,
foreign languages, and other critical subjects. It also created low-
interest student loan programs and fellowships to open the door to
higher education to a greater number of young people.
This coordinated national effort helped our Nation meet its goals.
By 1969, Americans had landed on the moon. The United States became the
most technologically advanced nation in the world. A new generation of
highly skilled mathematicians, scientists, and technology experts were
hired to staff laboratories, universities, and Federal agencies.
Colleges and universities also established centers for foreign language
study and research.
Sadly, this Nation received another wake-up call on September 11,
2001.
The week after the attacks, FBI Director Robert Mueller made a
public plea for Arabic and Farsi speakers to assist as translators,
signaling the alarming deficiency in fluent speakers of languages
crucial to our national security needs. It does our Nation little good
to have sophisticated weapons programs if we don't have the scientists
to back them up. It does our Nation no good to have expanded
intelligence gathering capabilities if what we retrieve sits
untranslated. The United States must have the brainpower to match its
firepower.
Today I join Senator Akaka to introduce a bill to make investments in
our future as a Nation through investments in our education system.
The Homeland Security Education Act will fund partnerships between
local school districts and foreign language departments in institutions
of higher education. These new foreign language partnerships will
provide intensive professional development opportunities for foreign
language teachers at every level from Kindergarten to 12th grade. The
partnerships will foster contact and communication between university
faculty and K-12 teachers in order to improve teachers' knowledge of
the languages they teach as well as their teaching skills. Partnerships
will also use grant funds to recruit foreign language majors to the
classroom. Our bill will give priority to partnerships that include
high-need school districts and that put a focus on languages that are
critical for our future security needs.
Our bill will encourage more undergraduates to complete degrees in
mathematics, science, engineering, and the less-commonly taught,
critical foreign languages by establishing a program to forgive the
interest on a borrower's student loans if he or she earns a degree in
one of these subjects. This will provide an incentive for students who
are interested in language, math or science to study them in depth.
The bill establishes grants for partnerships between school districts
and private entities to help schools improve science and math
curriculum, upgrade laboratory facilities, and purchase scientific
equipment. The private sector partner will donate technology or
equipment to the school district; provide scholarships for students to
study math, science or engineering in college; establish internship or
mentoring opportunities for students; or sponsor programs targeted to
young people who are under-represented in the fields of math, science
and engineering.
In order to stay on top of innovations in science and technology,
more professionals in these fields will need to be proficient also in a
foreign language. This is imperative to our national security--even
some scientific documents and articles in the public domain are beyond
the translation capabilities of our government. The Homeland Security
Education Act will make

[[Page S3933]]

grants available to colleges and universities to establish programs in
which students take courses in science, math and technology taught in a
foreign language. Funds will also support immersion programs for
students to take science and math courses in a non-English speaking
country.
The Homeland Security Education Act authorizes $20 million for the
National Flagship Language Initiative, which was authorized in the last
Congress. The funds will be used to provide institutional grants to
universities to graduate specific numbers of students with the foreign
language proficiencies needed by the government and will allow the
universities to operate foreign language immersion programs overseas.
Participating institutions will make available a negotiated number of
slots to student applicants who are Federal employees.
With this legislation, we hope to address some of the gaps in
homeland security that have been identified by numerous experts and
panels, including the Hart-Rudman Commission on National Security in
the 21st Century. We must do everything possible to ensure that our
intellectual preparedness is equal to our military preparedness. I urge
my colleagues to join us in cosponsoring this important legislation.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 2299

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 ``Homeland Security Education
Act''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--Congress makes the following findings:
(1) American elementary and secondary schools need more
qualified teachers in mathematics and science.
(2) American colleges and universities must place new
emphasis on improving the teaching in areas of disciplines
that are critical to the interests of the United States.
(3) American elementary and secondary schools need the
equipment and resources to improve education in science and
mathematics.
(4) Foreign language proficiency is crucial to the economic
competitiveness and national security of the United States.
Significant improvement in the quantity and quality of
foreign language instruction offered in United States
elementary and secondary schools is necessary.
(5) All Americans need a global perspective. To understand
the world around us, we must acquaint ourselves with the
languages, cultures, and history of other nations.
(b) Purpose.--It is the purpose of this Act to ensure
national security through increasing the quantity, diversity,
and quality of the teaching and learning of subjects in the
fields of science, mathematics, and foreign language.

TITLE I--LOANS TO STUDENTS IN INSTITUTIONS OF HIGHER EDUCATION

SEC. 101. SUBSIDIZED INTEREST LOANS TO STUDENTS.

(a) In General.--The Secretary of Education shall establish
and implement a program under the guaranteed and direct
student loan program provisions of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) to cancel the
obligation of loan borrowers who are United States citizens,
United States nationals, permanent legal residents, or
citizens of the Freely Associated States (as defined in
section 103(16)(b) of the Higher Education Act of 1965), to
pay interest on a loan provided for under such title in order
to serve as an incentive for students to obtain degrees in
science, engineering, mathematics, or a foreign language.
(b) Guaranteed Student Loans.--Part B of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) is
amended by inserting after section 428K the following:

``SEC. 428L. STUDENT LOAN INTEREST FORGIVENESS.

``(a) Purpose.--It is the purpose of this section to
forgive interest payments on student loans under this part
for a selected borrower in repayment status who has obtained
an undergraduate degree in science, mathematics, engineering,
or a foreign language in order to provide additional
incentives for undergraduate students to pursue and obtain
degrees in these subjects.
``(b) Program Authorized.--
``(1) In general.--From the sums appropriated pursuant to
subsection (d), the Secretary shall carry out a program,
through the holder of the loan, assuming the obligation to
repay the interest on a loan amount for a loan made under
this part in accordance with subsection (c), for a borrower
who--
``(A) is in need of the amount of the loan to pursue a
course of study at an accredited institution of higher
education;
``(B) is in good academic standing and is capable, in the
opinion of the institution of higher education involved, of
maintaining good standing in such course of study;
``(C) will obtain a bachelor's degree in science,
mathematics, engineering, or a foreign language;
``(D) has completed at least half of the course
requirements necessary to receive such degree; and
``(E) is not in default on a loan for which the borrower
seeks forgiveness of interest payments.
``(2) Selection of recipients.--The Secretary shall, by
regulation, establish a formula that ensures fairness and
equality for applicants in the selection of borrowers for
loan interest repayment under this section, based on the
amount available pursuant to subsection (d).
``(c) Terms.--After a borrower has obtained a bachelor's
degree in science, mathematics, engineering, or a foreign
language, the Federal Government shall assume any interest
payments due for as long as the borrower is in loan repayment
status, except that in failing to meet any of the obligations
set forth in this section, the borrower will reimburse the
Federal Government for the amount of the assistance provided
including interest, at a rate and schedule to be determined
by the Secretary.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section,
$100,000,000 for fiscal year 2005, and such sums as may be
necessary for each of the 5 succeeding fiscal years.
``(e) Definitions.--In this section:
``(1) Foreign language.--The term `foreign language'
includes the languages of Arabic, Chinese, Japanese, Korean,
Pashto, Persian-Farsi, Portuguese, Russian, Serbian-Croatian,
and any language identified by the National Security
Education Program as a critical foreign language need.
``(2) Science.--The term `science' means any of the natural
and physical sciences including, but not limited to,
chemistry, biology, physics, and computer science. Such term
shall not include any of the social sciences.''.
(c) Direct Student Loans.--Part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by
adding at the end the following:

``SEC. 460A. STUDENT LOAN INTEREST FORGIVENESS.

``(a) Purpose.--It is the purpose of this section to
forgive interest payments on student loans under this part
for a student in repayment status who has obtained an
undergraduate degree in science, mathematics, engineering, or
a foreign language in order to provide additional incentives
for undergraduate students to pursue degrees in these
subjects.
``(b) Program Authorized.--
``(1) In general.--From the sums appropriated pursuant to
subsection (d), the Secretary shall cancel the obligation to
pay interest on a loan amount, in accordance with subsection
(c) for a loan under this part, for a borrower who--
``(A) is in need of the amount of the loan to pursue a
course of study at an accredited institution of higher
education;
``(B) is in good standing and is capable, in the opinion of
the institution of higher education involved, of maintaining
good standing in such course of study;
``(C) will obtain a bachelor's degree in either science,
mathematics, engineering, or a foreign language;
``(D) has completed at least half of the course
requirements toward such degree; and
``(E) is not in default on a loan for which the borrower
seeks forgiveness of interest payments.
``(2) Selection of recipients.--The Secretary shall by
regulation, establish a formula that ensures fairness and
equality for applicants in the selection of borrowers for
loan interest repayment under this section, based on the
amount available pursuant to subsection (d).
``(c) Terms.--After a borrower has obtained a bachelor's
degree in science, mathematics, engineering, or a foreign
language, the Federal Government shall assume any interest
payments due for as long as the borrower is in loan repayment
status, except that in failing to meet any of the obligations
set forth in this section, the borrower will reimburse the
Federal Government for the amount of the assistance provided
including interest, at a rate and schedule to be determined
by the Secretary.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section,
$100,000,000 for fiscal year 2005, and such sums as may be
necessary for each of the 5 succeeding fiscal years.
``(e) Definitions.--In this section:
``(1) Foreign language.--The term `foreign language'
includes the languages of Arabic, Chinese, Japanese, Korean,
Pashto, Persian-Farsi, Portuguese, Russian, Serbian-Croatian,
and any language identified by the National Security
Education Program as a critical foreign language need.
``(2) Science.--The term `science' means any of the natural
and physical sciences including, but not limited to,
chemistry, biology, physics, and computer science. Such term
shall not include any of the social sciences.''.

SEC. 102. REPORT TO CONGRESS.

Not later than 6 months after the date of enactment of this
Act, the Secretary of Education shall propose regulations to
carry out this title and submit to the appropriate committees
of Congress a report on how the Secretary of Education plans
to implement the programs under the amendments made by
section 101 and advertise such programs to institutions of
higher education and potential applicants. Not later than 6
months

[[Page S3934]]

after the date on which the comment period for the
regulations proposed under the preceding sentence ends, the
Secretary of Education shall promulgate final regulations to
carry out this title.

TITLE II--STRENGTHENING SCIENCE AND MATHEMATICS INSTRUCTION AT
ELEMENTARY AND SECONDARY SCHOOLS

SEC. 201. FEDERAL GRANTS TO PUBLIC SCHOOLS.

Title V of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7201 et seq.) is amended by adding at the end
the following:

``PART E--STRENGTHENING SCIENCE AND MATHEMATICS INSTRUCTION

``SEC. 5701. FEDERAL GRANTS TO PUBLIC SCHOOLS.

``(a) General Authority.--
``(1) Grant program.--The Secretary shall establish a
demonstration program under which the Secretary shall award
grants to eligible local educational agencies to enable such
agencies to develop programs that build or expand mathematics
and science curriculum, upgrade existing laboratory
facilities, and purchase equipment necessary to establish
such programs.
``(2) Program requirements.--The program described in
paragraph (1) shall be designed to provide students with a
rich standards-based course of study in mathematics and
science.
``(b) Eligible Local Educational Agency.--A local
educational agency shall be eligible to receive a grant under
this section if the agency--
``(1) provides assurances that it has executed conditional
agreements with representatives of the private sector to
provide services and funds described in subsection (c); and
``(2) agrees to enter into an agreement with the Secretary
to comply with the requirements of this section.
``(c) Private Sector Participation.--The conditional
agreements referred to in subsection (b)(1) shall describe
participation by the private sector in programs carried out
under this section, including--
``(1) the donation of technology tools;
``(2) the establishment of internship and mentoring
opportunities for students who participate in a mathematics
or science program, paying particular attention to those
students who are members of traditionally under-represented
groups in these fields; or
``(3) the donation of scholarship funds for students to
pursue or continue a study of mathematics or science at
accredited institutions of higher education.
``(d) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, an eligible local educational agency (as
described in subsection (b)) shall submit an application to
the Secretary in accordance with guidelines established by
the Secretary pursuant to paragraph (2).
``(2) Guidelines.--
``(A) Requirements.--The guidelines referred to in
paragraph (1) shall require, at a minimum, that the
application include--
``(i) a description of proposed activities consistent with
the uses of funds and program requirements under subsection
(a);
``(ii) a description of programs involving innovative
experience learning such as laboratory experience;
``(iii) a description of any applicable higher education
scholarship program, including criteria for selection,
duration of scholarships, number of scholarships to be
awarded each year, and funding levels for scholarships; and
``(iv) evidence of private sector participation and support
in cash or in kind as specified under subsection (c).
``(B) Guideline publication.--Not later than 6 months after
the date of enactment of this section, the Secretary shall
issue and publish proposed guidelines under subparagraph (A).
Not later than 6 months after the date on which the period
for comment concerning the proposed guidelines ends, the
Secretary shall issue final guidelines under such
subparagraph.
``(3) Selection.--The Secretary shall select a local
educational agency to receive a grant under this section on
the basis of merit, as determined after the Secretary has
conducted a comprehensive review, and in accordance with
subsection (e).
``(e) Priority.--The Secretary shall give special priority
in awarding grants under this section to eligible high need
local educational agencies (as such term is defined in
section 201(b) of the Higher Education Act of 1965).
``(f) Conditional Agreement.--In this section, the term
`conditional agreement' means an arrangement between
representatives of the private sector and local educational
agencies to provide certain services and funds, such as the
donation of computer hardware and software, the donation of
science laboratory equipment suitable for students in
kindergarten through grade 12, the establishment of
internship and mentoring opportunities for students who
participate in mathematics, science, and information
technology programs, and the donation of scholarship funds
for use at institutions of higher education by eligible
students who have participated in the mathematics, science,
and information technology programs.
``(g) Appropriations Authorized.--There are authorized to
be appropriated to carry out this section, $75,000,000 for
fiscal year 2005, and such sums as may be necessary for each
of the 5 succeeding fiscal years.

``SEC. 5702. SCIENCE AND MATHEMATICS EDUCATION STUDY.

``(a) In General.--The Secretary, in cooperation with the
Director of the National Science Foundation, shall conduct a
study of how mathematics and science efforts at the National
Science Foundation and the Department of Education relating
to students in kindergarten through grade 12 are coordinated,
and if such coordination does not exist, how such entities
plan to coordinate such efforts.
``(b) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall prepare and
submit to the appropriate committees of Congress a report
concerning the findings made with respect to the study
conducted under subsection (a).

``SEC. 5703. DEFINITION.

``In this part, the term `science' means any of the natural
and physical sciences including chemistry, biology, physics,
and computer science. Such term does not include any of the
social sciences.''.

SEC. 202. NATIONAL MATHEMATICS AND SCIENCE NEEDS ASSESSMENT.

(a) In General.--The Secretary of Education, jointly with
the Director of the National Science Foundation, shall
conduct an assessment of the long-term mathematics and
science needs of the national security workforce and of the
larger Federal workforce of which the national security
workforce is a part.
(b) Report.--Not later than 18 months after the date of
enactment of this section, the Secretary of Education shall
prepare and submit to the appropriate committees of Congress
a report concerning the findings made with respect to the
assessment conducted under subsection (a).

TITLE III--PROMOTING FOREIGN LANGUAGE EDUCATION

SEC. 301. FINDINGS.

Congress makes the following findings:
(1) Foreign language skills and area expertise are integral
to, or directly support, every foreign intelligence
discipline and are essential factors in national security
readiness, information superiority, and coalition
peacekeeping or warfighting missions.
(2) Federal intelligence and defense agencies have been
reporting shortfalls in language capability.
(3) Communicating in languages other than English and
understanding and accepting cultural and societal differences
are vital to the success of peacetime and wartime military
operations.
(4) The optimum time to begin learning a second language is
in elementary school, when children have the ability to learn
and excel in several foreign language acquisition skills,
including pronunciation.
(5) Foreign language study can increase children's capacity
for critical and creative thinking skills, and children who
study a second language show greater cognitive development in
areas such as mental flexibility, creativity, tolerance, and
higher order thinking skills.
(6) Children who have studied a foreign language in
elementary school achieve expected gains and score higher on
standardized tests in reading, language arts, and mathematics
than children who have not studied a foreign language.
(7) Proficiency levels required to perform national
security functions have been raised, and what was once
considered proficiency is no longer the case. The ability to
comprehend and articulate technical and complex information
has become critical.
(8) Languages taught in universities are often not the
languages that address national security needs. The top
languages the United States Defense Language Institute
requires are Arabic, Chinese, Japanese, Korean, Pashto,
Persian-Farsi, Portuguese, Russian, and Serbian-Croatian.
Existing foreign language proficiency in nontargeted
languages also provides a foundation for subsequent foreign
languages, even if unrelated.
(9) Immersion through work or schooling abroad is very
beneficial for developing needed language proficiencies.
(10) Federal agencies have identified the need for
employees proficient in foreign languages who have diverse
skills including cryptography, translation (particularly with
technical documents), debriefing, and interrogation.

SEC. 302. ENCOURAGING EARLY FOREIGN LANGUAGE STUDIES.

Title II of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end
the following:

``PART E--ENCOURAGING EARLY FOREIGN LANGUAGE STUDIES

``SEC. 2501. ENCOURAGING EARLY FOREIGN LANGUAGE STUDIES.

``(a) Definitions.--In this section:
``(1) Eligible partnership.--The term `eligible
partnership' means a partnership that--
``(A) shall include--
``(i) a foreign language department of an institution of
higher education; and
``(ii) a local educational agency; and
``(B) may include--
``(i) another foreign language or teacher training
department of an institution of higher education;
``(ii) another local educational agency, or an elementary
or secondary school;
``(iii) a business;
``(iv) a nonprofit organization of demonstrated
effectiveness, including a museum;
``(v) heritage or community centers for language study;

[[Page S3935]]

``(vi) language resource centers authorized under part A of
title VI of the Higher Education Act of 1965; or
``(vii) the State foreign language coordinator or State
educational agency.
``(2) High need local educational agency.--The term `high
need local educational agency' has the meaning given the term
in section 201(b) of the Higher Education Act of 1965.
``(3) Less-commonly taught foreign languages.--The term
`less-commonly taught foreign languages' includes the
languages of Arabic, Chinese, Japanese, Korean, Pashto,
Persian-Farsi, Portuguese, Russian, Serbian-Croatian, and any
other language identified by the National Security Education
Program as a critical foreign language need.
``(4) Summer workshop or institute.--The term `summer
workshop or institute' means a workshop or institute,
conducted during the summer, that--
``(A) is conducted for a period of not less than 2 weeks;
``(B) provides for a program that provides direct
interaction between students and faculty; and
``(C) provides for followup training during the academic
year that--
``(i) except as provided in clause (ii) or (iii), shall be
conducted in the classroom for a period of not less than 3
days, which may or may not be consecutive;
``(ii) if the program described in subparagraph (B) is for
a period of not more than 2 weeks, shall be conducted for a
period of more than 3 days; or
``(iii) if the program is for teachers in rural school
districts, may be conducted through distance education.
``(b) Purpose.--It is the purpose of this section to
improve the performance of students in the study of foreign
languages by encouraging States, institutions of higher
education, elementary schools, and secondary schools to
participate in programs that--
``(1) upgrade the status and stature of foreign language
teaching by encouraging institutions of higher education to
assume greater responsibility for improving foreign language
teacher education through the establishment of a
comprehensive, integrated system of recruiting and advising
such teachers;
``(2) focus on education of foreign language teachers as a
career-long process that should continuously stimulate
teachers' intellectual growth and upgrade teachers' knowledge
and skills;
``(3) bring foreign language teachers in elementary schools
and secondary schools together with linguists or higher
education foreign language professionals to increase the
subject matter knowledge and improve the teaching skills of
teachers through the use of more sophisticated resources that
institutions of higher education are better able to provide
than the schools; and
``(4) develop more rigorous foreign language curricula that
are aligned with--
``(A) professional accepted standards for elementary and
secondary education instruction; and
``(B) the standards expected for post-secondary study in
foreign language.
``(c) Grants to Partnerships.--
``(1) In general.--The Secretary is authorized to award
grants, on a competitive basis, to eligible partnerships to
enable the eligible partnerships to pay the Federal share of
the costs of carrying out the authorized activities described
in this section.
``(2) Duration.--The Secretary shall award grants under
this section for a period of 5 years.
``(3) Federal share.--The Federal share of the costs of the
activities assisted under this section shall be--
``(A) 75 percent of the costs for the first year that an
eligible partnership receives a grant payment under this
section;
``(B) 65 percent of such costs for the second such year;
and
``(C) 50 percent of such costs for each of the third,
fourth, and fifth such years.
``(4) Non-federal share.--The non-Federal share of the
costs of carrying out the authorized activities described in
this section may be provided in cash or in kind, fairly
evaluated.
``(5) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible partnerships--
``(A) that include high need local educational agencies; or
``(B) that emphasize the teaching of the less-commonly
taught foreign languages.
``(d) Applications.--
``(1) In general.--Each eligible partnership desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require.
``(2) Contents.--An application under paragraph (1) shall
include--
``(A) an assessment of the teacher quality and professional
development needs of all the schools and agencies
participating in the eligible partnership with respect to the
teaching and learning of foreign languages;
``(B) a description of how the activities to be carried out
by the eligible partnership will be based on a review of
relevant research, and an explanation of why the activities
are expected to improve student performance and to strengthen
the quality of foreign language instruction; and
``(C) a description of--
``(i) how the eligible partnership will carry out the
authorized activities described in subsection (e); and
``(ii) the eligible partnership's evaluation and
accountability plan as described in subsection (f).
``(e) Authorized Activities.--Eligible activities to be
conducted by an eligible partnership shall be related to
elementary schools or secondary schools and shall include--
``(1) creating opportunities for enhanced and ongoing
professional development that improves the subject matter
knowledge of foreign language teachers;
``(2) recruiting university students with foreign language
majors for teaching;
``(3) promoting strong teaching skills for foreign language
teachers and teacher educators;
``(4) establishing foreign language summer workshops or
institutes (including followup training) for teachers;
``(5) establishing distance learning programs for foreign
language teachers;
``(6) designing programs to prepare a teacher at a school
to provide professional development to other teachers at the
school and to assist novice teachers at such school,
including (if applicable) a mechanism to integrate
experiences from a summer workshop or institute; and
``(7) developing instruction materials.
``(f) Evaluation and Accountability Plan.--Each eligible
partnership receiving a grant under this section shall
develop an evaluation and accountability plan for activities
assisted under this section that includes strong performance
objectives. The plan shall include objectives and measures
for--
``(1) increased participation by students in advanced
courses in foreign language;
``(2) increased percentages of secondary school classes in
foreign language taught by teachers with academic majors in
foreign language; and
``(3) increased numbers of foreign language teachers who
participate in content-based professional development
activities.
``(g) Report.--Each eligible partnership receiving a grant
under this section shall annually report to the Secretary
regarding the eligible partnership's progress in meeting the
performance objectives described in subsection (f).
``(h) Termination.--If the Secretary determines that an
eligible partnership is not making substantial progress in
meeting the performance objectives described in subsection
(f) by the end of the third year of a grant under this
section, the grant payments shall not be made for the fourth
and fifth year of the grant.
``(i) Appropriations Authorized.--There are authorized to
be appropriated to carry out this section, $50,000,000 for
fiscal year 2005, and such sums as may be necessary for each
subsequent fiscal year.''.

SEC. 303. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE
EDUCATION GRANT PROGRAM.

(a) Purpose.--It is the purpose of this section to support
programs in colleges and universities that encourage
students--
(1) to develop an understanding of science and technology;
(2) to develop foreign language proficiency; and
(3) to foster future international scientific
collaboration.
(b) Development.--The Secretary of Education shall develop
a program for the awarding of grants to institutions of
higher education that develop innovative programs for the
teaching of foreign languages.
(c) Regulations and Requirements.--The Secretary of
Education shall promulgate regulations for the awarding of
grants under subsection (b). Such regulations shall require
institutions of higher education to use grant funds for,
among other things--
(1) the development of an on-campus cultural awareness
program by which students attend classes taught in the
foreign language and study the science and technology
developments and practices in a non-English speaking country;
(2) immersion programs where students take science or
technology related coursework in a non-English speaking
country; and
(3) other programs, such as summer workshops, that
emphasize the intense study of a foreign language and science
or technology.
(d) Grant Distribution.--In distributing grants to
institutions of higher education under this section, the
Secretary of Education shall give priority to--
(1) institutions that have programs focusing on curriculum
that combines the study of foreign languages and the study of
science and technology and produces graduates who have both
skills; and
(2) institutions teaching the less-commonly taught
languages of Arabic, Chinese, Japanese, Korean, Pashto,
Persian-Farsi, Portuguese, Russian, Serbian-Croatian, and any
language identified by the National Security Education
Program as a critical foreign language need.
(e) Definitions.--In this section:
(1) Institution of higher education.--In this section, the
term ``institution of higher education'' has the meaning
given to such term in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001).
(2) Science.--The term ``science'' means any of the natural
and physical sciences including chemistry, biology, physics,
and computer science. Such term does not include any of the
social sciences.
(f) Appropriations Authorized.--There are authorized to be
appropriated to carry out this section, $15,000,000 for
fiscal year

[[Page S3936]]

2005, and such sums as may be necessary for each subsequent
fiscal year.

SEC. 304. NATIONAL FLAGSHIP LANGUAGE INITIATIVE.

The David L. Boren National Security Education Act of 1991
(50 U.S.C. 1901 et seq.) is amended--
(1) in section 802(i)(1), by inserting ``, including those
establishing, operating, or improving foreign language
immersion programs and activities at sites overseas,'' after
``activities''; and
(2) in section 811, by striking ``$10,000,000'' and
inserting ``$20,000,000''.

SEC. 305. STUDY ON THE FEASIBILITY OF A NATIONAL LANGUAGE
FOUNDATION.

(a) In General.--The Secretary of Education shall enter
into an agreement with the National Research Council to
conduct a study on the feasibility of establishing a National
Language Foundation whose mission would include--
(1) research and development of teaching and learning
curriculum and software;
(2) the establishment or advancement of standards to be
used in the performance of language instruction and testing;
(3) service as a national resource center and provider for
both public and private sectors in language education and
training;
(4) the development of, and advocacy for, national policy
and programs to improve the skills and certify the
qualification of language teachers;
(5) the development of, and advocacy for, national policy
and programs related to the development of foreign language
capabilities and expansion of country and regional studies;
(6) the development of, and advocacy for, national
professional criteria for qualification, employment, and
adequate compensation for language services; and
(7) the development of a better understanding of the
changing level of language proficiency and language needs of
the Federal Government.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Education shall
transmit to the Committee on Governmental Affairs of the
Senate, the Committee on Health, Education, Labor, and
Pensions of the Senate, the Committee on Government Reform of
the House of Representatives, and the Committee on Education
and the Workforce of the House of Representatives a report
setting forth the findings, conclusions, and public policy
recommendations of the National Research Council relating to
the creation of a National Language Foundation.
Mr. AKAKA. Mr. President, today I rise to join my good friend from
Illinois, Senator Durbin, in reintroducing the Homeland Security
Education Act. Our legislation would improve science, math, and foreign
language education in the United States by offering incentives for
students to study these subjects and provide much needed funding to
elementary, secondary, and post secondary institutions to improve
educational programs in these critical subject areas.
As my colleagues know, the demand for individuals with technical and
language expertise is growing. In 2001 the United States Commission on
National Security/21st Century, also known as the Hart-Rudman
Commission, concluded that America's need for many skilled people in
science, math, computer science, and engineering is not being met. If
we do not address this problem, America's position as a global leader
would be challenged. With the acceleration of the internationalization
of science and technology activities, assets, and capabilities, U.S.
advantages in many critical fields are shrinking and may be eclipsed in
the years ahead.
While science, math, and engineering skills are especially critical
for the defense and homeland security industries, expertise in these
fields is also critical to the United States' success in the global
economy. America's ability to lead depends particularly on the depth
and breadth of its scientific and technical communities. Our education
system must produce significantly more scientists and engineers to meet
demand and maintain our global leadership in science and technology. We
need to develop more qualified math and science teachers and provide
educational incentives to encourage students to pursue careers in these
fields. However, there will not be enough qualified workers to perform
new technology jobs including those jobs critical to maintaining
national security. It is more important than ever that we prepare the
children of today with the skills necessary to succeed tomorrow.
Also critical for success in today's world is proficiency in foreign
languages. The terrorist attacks of September 11, 2001, placed renewed
emphasis on the need for individuals possessing critical language
skills. Shortly after the terrorist attacks, FBI Director Robert
Mueller made a public plea requesting speakers of Arabic and Farsi to
translate intelligence documents, left untranslated due to the lack of
foreign language speakers.
The investigations surrounding the attacks underscore how critical
foreign language proficiency is to our national security. The joint
Congressional Intelligence Committee inquiry into the terrorist attacks
found that prior to September 11, the Intelligence Community was not
prepared to handle the challenge of translating the volumes of foreign
language counter-terrorism intelligence it had collected. Agencies
within the Intelligence Community experienced backlogs in material
awaiting translation, a shortage of language specialists and language-
qualified field officers, and a readiness level of only 30 percent in
the most critical languages used by terrorists. These backlogs still
exist.
Our foreign language needs have grown significantly over the past
decade with increasing globalization and a changing security
environment. Foreign language skills are needed to support traditional
diplomatic efforts and public diplomacy programs, military and
peacekeeping missions, intelligence collection, counter-terrorism
efforts, and international trade.
Unfortunately, the United States faces a critical shortage of
language proficient professionals government-wide. According to the
General Accounting Office, agencies have shortages in translators and
interpreters and an overall shortfall in the language proficiency
levels needed to carry out their missions. Our national security would
be enhanced if our law enforcement officers, intelligence officers,
scientists, military personnel, and other federal employees could
decipher and interpret information from foreign sources, as well as
interact with foreign nationals.
America needs people who are fluent in local languages and who
understand foreign cultures. The stability and economic vitality of the
United States and our national security depend on American citizens who
are knowledgeable about the world. We need civil servants, area
experts, diplomats, business people, educators, and other public
servants with the ability to communicate at an advanced level in
foreign languages and understand the cultures of the people with whom
they interact.
The good news is that there has been a recent jump in enrollment in
foreign language courses at the university level, according to the
Modern Language Association. A total of 1.4 million students enrolled
in foreign language classes in the Fall of 2003. This is a 17.9 percent
jump since 1998 and represents the highest foreign language enrollment
ever.
At the same time, many foreign language programs at the elementary
school level have suffered deep cuts. Many school districts are
responding to funding shortages by reducing or eliminating their
foreign language programs. In some districts, French and German
programs have been cut to save Spanish programs, while less commonly
taught languages, such as Russian and Japanese, are being phased out
altogether. Although my own state of Hawaii leads the nation in cutting
edge foreign language immersion programs for elementary school students
and is one of the top nine states in the nation in the percentage of
public primary schools offering foreign language immersion programs,
more must be done.
Experts tell us we should develop long-term relationships with people
from every walk of life all across the world, whether or not the
languages they speak are considered ``critical'' at the time. Experts
also tell us that an ongoing commitment to maintaining these
relationships and language expertise helps prevent crises from
occurring and provides diplomatic and language resources when needed.
They are right. We cannot afford to seek out foreign language skills
after a terrorist attack occurs. The failures of communication and
understanding have already done their damage. We must provide an
ongoing commitment to language education and encourage knowledge of
foreign languages and cultures.
In 2001, my good friend and former colleague, the late Senator Paul
Simon said, ``In every national crisis, our nation has lamented its
foreign language shortfalls. But then the crisis goes

[[Page S3937]]

away, and we return to business as usual. One of the messages of
September 11 is that business as usual is no longer an acceptable
option.'' Senator Durbin and I are reintroducing this important
legislation today in order to reaffirm our ongoing commitment to
foreign language and science education.
In addition to the legislation we are introducing today, I have also
introduced, with Senator Durbin and several of our colleagues, S. 589,
the Homeland Security Federal Workforce Act, to address these skill
shortfalls in the federal government. The Senate passed S. 589 in
November, and the bill is pending before the House. However, we must
now ensure that we not only provide incentives to recruit individuals
with these skills, but also ensure that there is a talented applicant
pool from which to recruit. This new bill, the Homeland Security
Education Act, will do just that.
The Homeland Security Education Act would provide incentives for
students to obtain degrees in science, math, and foreign languages by
offering to repay the interest on their student loans. Our legislation
would also strengthen science and math instruction in elementary and
secondary schools and promote foreign language education at all levels
of study by encouraging greater training of foreign language teachers
and the development of more rigorous foreign language education. These
measures could have a significant impact on strengthening our nation's
expertise in areas critical to national security.
I urge my colleagues to support this important legislation and
improve our science, math, and foreign language education programs.
______

By Mr. KENNEDY (for himself, Mr. Bingaman, Mrs. Boxer, Mr. Pryor,
Mr. Hollings, Mr. Corzine, Mr. Edwards, Ms. Mikulski, Mr.
Lautenberg, Mr. Durbin, and Ms. Stabenow):
S. 2300. A bill to amend the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003 to eliminate privatization of the
medicare program and to reduce excessive payments to health maintenance
organizations and other private sector insurance plans; to the
Committee on Finance.

Mr. KENNEDY. Mr. President, senior citizens expected the Congress and
the President to work together to provide prescription drug benefits
under Medicare. Instead, Republicans in Congress and President Bush
rammed through a radical right-wing proposal to privatize Medicare and
force senior citizens into HMOs. Their program is a giveaway to special
interests at the expense of senior citizens. It is a dress rehearsal
for privatizing social security. And it is wrong.
Just a few weeks ago, the Medicare Trustee's report announced that
Mecicare's financial position had deteriorated substantially, with the
projected date of Hospital Insurance Trust Fund Insolvency slipping
from 2026 to 2019. In part, the shakier status of the trust fund was
due to the Bush administration's mismanagement of the economy, which
has reduced payroll tax collections. But a major part of the weakened
status of the Trust Fund is the excessive payments to HMOs, PPOs and
other alternatives to conventional Medicare. These excess payments not
only weaken Medicare, but they raise premiums for senior citizens and
add to the deficit.
Today, we are introducing legislation--the Defense of Medicare Act--
to repeal the parts of the prescription drug bill that are designed to
undermine Medicare. Senior citizens have earned their Medicare with a
lifetime of hard work--and they deserve the program they have been
promised.
President Bush's original strategy was to deny senior citizens any
drug benefit unless they joined an HMO or other private insurance plan.
That proposal was a non-starter, so the White House and Republicans in
Congress developed a more devious way to achieve the same goal.
The Bush administration privatizes Medicare in three ways. First, it
overpays private plans by $1,200 per beneficiary--and throws in a $12
billion dollar slush fund to boot. Let me repeat that. Every time a
senior citizen joins an HMO it costs Medicare $1,200 more than it would
cost to cover that same senior citizen under the regular Medicare
program. The goal--to make Medicare unable to compete.
According to the Medicare actuary, the excess payments to private
plans as the result of the new bill will cost the Medicare program $46
billion dollars--money that could be used to improve the inadequate
drug benefit or to address the discrimination that will cause three
million senior citizens to lose their good private retiree drug
coverage or to reduce beneficiary premiums.
Those big new checks are already flowing to Medicare HMOs. Every
senior citizen--and every American family--should understand what this
means. The Bush administration is using senior citizens' own Medicare
money to undermine the Medicare program they depend on. The Bush
administration has put the interests of HMOs and the insurance industry
first--and the interests of senior citizens last.
The second way the Republican Medicare bill forces senior citizens
into HMOs is by specifying that if just one private stand-alone drug
plan offers drug coverage, the only way a senior citizen can get a drug
benefit is by joining an HMO or other private insurance plan. Think
about that. If the insurance plan charges premiums that are too high or
doesn't cover the drugs your doctor prescribes, your only choice if you
want a drug benefit at all is to join an HMO. That's the Bush
administration's original plan.
Finally, the bill forces up to seven million senior citizens into a
so-called demonstration program that will punish senior citizens with
higher premiums unless they join an HMO or other private insurance
plan.
The Bush administration is spending twenty-three million dollars of
Medicare money to convince senior citizens that the Republican bill
means, in the words of one of their commercials, ``Same Medicare. More
Benefits.'' This use of Medicare funds to advance the Bush re-election
effort is probably illegal. It is certainly unethical. But most of all
it is false. If this bill is allowed to stand, senior citizens won't
have the same Medicare. Instead, they will have a debased, devalued
program and financially less secure program that will require them to
give up the doctors they trust to get the affordable medical care they
have been promised.
Our legislation will repeal the provisions of the bill that squander
Medicare money on fattening the profits of HMOs and the insurance
industry. It will preserve Medicare for today's and tomorrow's senior
citizens. It is a test of the conscience of the Senate, and we will
insist on its consideration.
______

By Mr. INOUYE:
S. 2301. A bill to improve the management of Indian fish and wildlife
and gathering resources, and for other purposes; to the Committee on
Indian Affairs.
Mr. INOUYE. Mr. President, I rise to introduce a discussion draft
bill that has been developed by Indian tribal governments to provide
for the improvement of the management of Indian fish and wildlife
resources and to reaffirm that tribal governments are the principal
managers of natural resources on tribal lands.
The introduction of this discussion draft bill is intended to advance
the process of consultation with Indian tribal governments, as well as
tribal and Alaska Native organizations.
I ask unanimous consent that the text of this measure be printed in
the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 2301

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Native
American Fish and Wildlife Resources Management Act of
2004''.
(b) Table of Contents.--

TITLE I--GENERAL PROVISIONS

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.

TITLE II--TRIBAL FISH AND WILDLIFE PROGRAMS

Sec. 201. Management of Tribal Fish and Wildlife Programs.
Sec. 202. Education in Tribal Fish and Wildlife Resource Management.
Sec. 203. Tribal Fish Hatchery Assistance Program.

[[Page S3938]]

TITLE III--ALASKA NATIVE FISH AND WILDLIFE PROGRAMS

Sec. 301. Management of Native Fish and Wildlife Programs in Alaska.
Sec. 302. Subsistence Resources and Management Planning.
Sec. 303. Alaska Native Seafood and Resource Marketing Assistance
Program.

TITLE IV--TRIBAL SEAFOOD AND RESOURCE MARKETING ASSISTANCE PROGRAM

Sec. 401. Establishment of Tribal Seafood and Resource Marketing
Assistance Program.
Sec. 402. Market Development Loan and Grants Program.

TITLE V--TRIBAL BUFFALO CONSERVATION AND MANAGEMENT [to be developed]

TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Authorization of Appropriations.
Sec. 602. Regulations.
Sec. 603. Savings.
Sec. 604. Severability.

TITLE I--GENERAL PROVISIONS

SEC. 101. FINDINGS.

Congress finds that--
(1) the United States and Indian tribes have a government-
to-government relationship;
(2) Indian tribes exercise governmental authority over
their citizens and their lands, and retain all aspects of
their inherent sovereignty not explicitly ceded to the United
States;
(3) the wise use and sustainable management of tribal fish
and wildlife resources has a direct effect on the economic
security and health and welfare of Indian tribes;
(4) Indian tribes retain the sovereign governmental
authority to exercise some aspects of civil jurisdiction over
non-members on their reservations, including the exercise of
some aspects of civil jurisdiction on non-trust lands;
(5) Federal canons of construction require that any
modification of a treaty must be expressly provided for by
the Congress;
(6) the United States has a trust responsibility to
protect, conserve, and manage tribal natural resources,
including fish and wildlife and gathering resources,
consistent with the rights reserved by Indian tribes as
reflected in treaties and other agreements with the United
States, and judicial decrees;
(7) the United States' trust responsibility extends to all
Federal agencies and departments, and absent a clear
expression of Congressional intent to the contrary, the
United States has a duty to administer Federal fish and
wildlife conservation laws and resource management programs
in a manner consistent with its fiduciary obligation to honor
and protect the rights reserved by Indian tribes as reflected
in treaties and other agreements with the United States, and
judicial decrees;
(8) Federal statutes and regulations affecting tribal fish
and wildlife resources and management activities shall be
interpreted in accordance with long-standing principles of
Federal-Indian law, statutes, and judicial decrees which
inform the relationship between Indian tribal governments and
the United States;
(9) the United States recognizes that fish and wildlife
resources located on tribal lands, in regional tribal
resource management areas, and in ceded territory in which
hunting, fishing and gathering rights reserved by Indian
tribes in treaties and other agreements with the United
States, and in judicial decrees, continue to provide
sustenance, cultural enrichment, and economic stability for
Indian tribes through employment in resource management
occupations;
(10) Indian tribal governments retain sovereign
governmental authority and jurisdiction to regulate hunting
and fishing activities on tribal lands as well as
governmental authority to regulate the hunting and fishing
activities of tribal citizens on lands outside of reservation
boundaries;
(11) Indian tribal governments serve as co-managers of fish
and wildlife resources with governments of other tribes,
States, and the United States, sharing management
responsibilities for fish and wildlife resources pursuant to
treaties and agreements with the United States, statutes, and
judicial decrees;
(12) since time immemorial, Indian cultures, religious
beliefs and customs have centered around their relationships
with fish, wildlife and gathering resources, and Indian
people have relied on these resources for food, shelter,
clothing, tools and trade;
(13) Indian fish and wildlife resources are renewable and
manageable natural resources that are among the most valuable
tribal assets and which are vital to the well-being of Indian
people;
(14) Indian lands contain millions of acres of natural
lakes, woodlands, and impoundments, thousands of perennial
streams, and tens of millions of acres of wildlife habitat;
(15) Indian and Alaska Native fish and wildlife programs
contribute significantly to the conservation and enhancement
of fish, wildlife and gathering resources, including those
resources which are classified as threatened or
endangered,
(16) Federal, State, and tribal fish hatcheries produce
tens of millions of salmon, steelhead, walleye, and other
fish species annually, benefitting both Indian and non-Indian
sport and commercial fisheries in the United States and
Canada, and serving Indian subsistence and ceremonial needs;
(17) Indian reservations and Alaska Native communities
continue to suffer from the highest rates of unemployment in
the nation, and the current economic infrastructure and
capital base of many tribes and Native communities does not
provide adequate support to take advantage of economic
opportunities;
(18) comprehensive and improvement management of Indian
fish and wildlife resources will yield greater economic
returns, enhance Indian self-determination, strengthen tribal
self-governance, promote employment opportunities, and
improve the social, cultural, and economic well-being of
Indian and neighboring communities;
(19) the United States has a responsibility to provide
assistance to Indian tribes to--
(a) enable integrated management and regulation of hunting,
fishing, trapping and gathering activities on tribal lands,
including the protection, conservation, and enhancement of
resource populations and habitats upon which the meaningful
exercise of Indian rights depend;
(b) develop integrated resource management plans,
cooperative management agreements, and regulations addressing
hunting, fishing, trapping and gathering activities on tribal
lands, including the protection, conservation, and
enhancement of resource populations and habitats upon which
the meaningful exercise of subsistence activities depend;
(c) maintain fish hatcheries and other facilities and
structures required for the prudent management, enhancement
and mitigation of fish and wildlife resources; and
(d) assist Indian tribal governments in developing and
enhancing economic opportunities associated with the
conservation and management of fish and wildlife resources;
(20) the United States -is committed to the goal of
supporting and enhancing tribal self-government, tribal self-
sufficiency and the economic development of Native
communities as expressed through numerous Federal statutes;
and
(21) while the existing network of Federal laws and
programs provide a framework for the protection and
management of Indian fish and wildlife resources, gathering
resources, and the operation and maintenance of Indian fish
production programs and facilities, an integrated and
comprehensive approach to these programs will help to ensure
the coordination of Federal agency activities with those of
Indian tribal governments as well as the efficiency and
effectiveness of Federal and tribal government programs.

SEC. 102. PURPOSES.

The purposes of this Act are--
(1) to reaffirm and protect Indian hunting, fishing,
trapping and gathering rights, and to provide for the
conservation, prudent management, enhancement, orderly
development and wise use of the resources upon which the
meaningful exercise of Indian tribal rights depend;
(2) to enhance and maximize tribal capability and capacity
to meaningfully participate in managing fish and wildlife
resources for the continuing benefit of Indian people, and in
co-managing shared resources for the benefit of the Nation,
in a manner consistent with the exercise of tribal hunting,
fishing, trapping and gathering rights and the United States'
trust responsibility to protect the rights reserved by Indian
tribes in treaties with the United States and tribal
resources;
(3) to support the Federal policy of Indian self-
determination and tribal self-governance by authorizing and
encouraging government-to-government relations and
cooperative agreements amongst Federal, State, local and
tribal governments, as well as international agencies and
commissions responsible for multi-jurisdictional decision-
making regarding fish and wildlife resources;
(4) to authorize and establish an Indian Fish Hatchery
Assistance Program that may be administered by Indian tribal
governments to address Indian hatchery needs and fulfill
tribal co-management responsibilities;
(5) to authorize and establish an Indian Fish and Wildlife
Resource Management Education Assistance and Cooperative
Research Unit Program to promote and develop full tribal
technical capability and competence in managing fish and
wildlife resource programs and to authorize the Secretary of
the Interior, the Secretary of Commerce, the Secretary of
Agriculture and other Federal agencies to enter into
cooperative agreements with Indian tribal governments and
tribal organizations, colleges, universities and nonprofit
organizations for the administration of tribal fish and
wildlife cooperative research units;
(6) to establish a buffalo conservation and management
program; and
(7) to authorize and establish an Indian Seafood and
Resource Marketing Assistance Program within the Department
of Commerce, to provide assistance to and support for the
efforts of tribal governments to develop and enhance domestic
and international markets for seafood, seafood products, and
other natural resources.

SEC. 103. DEFINITIONS.

For purposes of this Act--
(1) The term ``Bureau'' means the Bureau of Indian Affairs
within the U.S. Department of the Interior.
(2) The term ``ceded territory'' means land ceded by an
Indian tribe or tribes in a treaty with the United States
upon which the tribe or tribes retain hunting, fishing and
gathering rights.
(3) The terms ``co-management'' or ``cooperative
management'' mean a process involving two or more governments
or governmentally-chartered entities jointly exercising their
respective jurisdiction over or

[[Page S3939]]

responsibilities for the management or use of a fish or
wildlife resource during some phase of the life cycle of that
resource.
(4) The term ``cooperative agreement'' means a written
agreement entered into by two or more governments or parties
agreeing to work together to actively protect, conserve,
enhance, restore or otherwise manage fish and wildlife
resources.
(5) The term ``Indian fish hatchery'' means any single-
purpose or multi-purpose facility in which the spawning,
hatching, rearing, holding, caring for or stocking of fish
takes place including related research and diagnostic fish
health facilities, and which is--
(A) owned or operated by an Indian tribal government, the
Bureau of Indian Affairs, or the U.S. Fish and Wildlife
Service on Indian lands;
(B) owned or operated by any government agency pursuant to
Federal statute and has as one of its purposes the
mitigation, compensation, restoration or recovery of fish
resources subject to reserved tribal treaty rights and for
which an Indian tribe has entered into a cooperative
agreement or for which an Indian tribe has petitioned the
administering agency to enter into a cooperative agreement
for the co-management of fish resources;
(C) owned or operated by a State government or a State
institution of higher education, and for which an Indian
tribe or tribes have entered into a cooperative management
agreement.
(6) The term ``fish hatchery maintenance'' means work that
is required at periodic intervals to prolong the life of a
fish hatchery, hatchery components and associated equipment,
in order to prevent the need for premature replacement or
repair.
(7) The term ``fish hatchery rehabilitation'' means non-
cyclical work that is required to address the physical
deterioration and functional obsolescence of a fish hatchery
building, structure or other facility component, or to repair
damage, or to repair damage resulting from aging, natural
phenomena and other causes, including work to repair, modify,
or improve facility components to enhance their original
function, the application of technological advances, and the
replacement or acquisition of capital equipment, such as,
among others, fish distribution tanks, vehicles, and standby
generators.
(8) The term ``forest land management activity'' has the
same meaning given to such term in section 304(4) of the
Indian Forest Resources Management Act (25 U.S.C. 3103(4)).
(9) The term ``Indian'' means a member of an Indian tribe
as defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(d)).
(10) The term ``Indian fish and wildlife organization''
means a commission, authority or other entity chartered by
one or more Indian tribal governments for the purpose of
representing or coordinating tribal interests in pursuing
resource management or rights protection goals and
strategies.
(11) The term ``Indian fish and wildlife'' means any
species of animal or plant life for which Indians have a
right to fish, hunt, trap, or gather for subsistence,
ceremonial, recreational or commercial purposes, or for which
an Indian tribal government has management or co-management
responsibilities.
(12) The term ``Indian lands'' means all land within the
limits of any Indian reservation which is held in trust by
the United States, a former Indian reservation in the State
of Oklahoma, dependent Indian communities within the borders
of the United States whether within or without the limits of
a state, and all Indian allotments for which there is a
restriction against alienation.
(13) The term ``Indian reservation'' means any reservation
of land for an Indian tribe established pursuant to treaties,
Acts of Congress or Executive Orders, public domain Indian
allotments, former Indian reservations in Oklahoma, and
dependent Indian communities within the borders of the United
States whether within or without the limits of a state.
(14) The term ``Indian tribe'' means an Indian tribe as
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), which is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
(15) The term ``integrated resource management plan'' means
a plan developed pursuant to the process used by a tribal
government to assess resources and to identify comprehensive
management objectives including the quality of life,
production goals and landscape descriptions of all designated
resources that may include, but are not limited to, water,
fish, wildlife, forestry, agriculture, minerals, recreation,
community and municipal resources, and may include tribal
codes and plans related to such resources.
(16) The term ``regional resource management areas'' means
those areas in which an Indian tribal government as a right
to fish, hunt, gather or trap for subsistence, ceremonial or
commercial purposes, or in which an Indian tribal government
has management or co-management responsibilities.
(17) The term ``reserved rights'' means those rights and
authorities of an Indian tribal government retained by the
Indian tribe in treaties with the United States, including
the right to continue to harvest natural resources within
ceded lands and customary use areas and the access necessary
to exercise those rights.
(18) The term ``resource management activities'' means all
activities performed in managing tribal fish, wildlife,
gathering, and related outdoor recreation and resources,
including but not limited to--
(A) the conduct of fish and wildlife population and life
history investigations, habitat investigations, habitat
mitigation, enhancement, rehabilitation and restoration
projects and programs, harvest management, and use studies;
(B) the development and implementation of surveys,
inventories, geographic information system programs, and
integrated resource management plans for Indian lands,
regional resource management areas or traditional use areas;
(C) fish production and hatchery management;
(D) the development, implementation, and enforcement of
tribal fish and wildlife codes, ordinances and regulations;
(E) the development of tribal conservation programs,
including employment and training of tribal conservation
enforcement officers;
(F) judicial services;
(G) public use and information management and general
administration; and
(H) participation in joint or cooperative management of
fish and wildlife resources on a regional basis with Federal,
State, tribal, local or international authorities.
(19) The term ``Secretary'' means the Secretary of the U.S.
Department of the Interior.
(20) The term ``seafood'' means any plant or animal that
may be gathered, collected, or harvested in marine or fresh
water.
(21) The term ``traditional use area'' means lands that
Indian tribes and their members have historically,
culturally, and geographically used for spiritual, social,
political, economic an sustenance purposes.
(22) The term ``tribal co-management'' means the sharing of
decision-making, resource information, and management
responsibilities with one or more governments in local,
regional, national and international fish and wildlife
resource management processes.
(23) The term ``tribal government'' means the governing
body of an Indian tribe.
(24) The term ``tribal organization'' has the meaning given
to such term in section 4 of the Indian Self-Determination
and Educational Assistance Act (25 U.S.C. 450b), including
tribal fish and wildlife organizations.

TITLE II--TRIBAL FISH AND WILDLIFE PROGRAMS

Tribal Management of Indian Fish, Wildlife, and Gathering Resources

SEC. 201. MANAGEMENT OBJECTIVES.

(a) Consistent with provisions of the Indian Self-
Determination and Educational Assistance Act (25 U.S.C. 450b
et seq.), the Secretary shall support tribal administration
of Indian fish and wildlife resource management activities to
achieve the following objectives--
(1) to carry out the government-to-government relationship
between Indian tribal governments and the United States in
the management of Indian fish and wildlife resources;
(2) to protect Indian hunting, fishing, and gathering
rights reserved by Indian tribe in treaties with the United
States, or guaranteed to Indian tribes by the United States
through statute, Executive Order or court decree;
(3) to provide for the development and enhancement of the
capacities of Indian tribal governments to manage Indian fish
and wildlife resources;
(4) to protect, conserve and enhance Indian fish and
wildlife resources that are important to the subsistence,
cultural enrichment, and economic development of Indian
communities;
(5) to promote the development and use of Indian fish and
wildlife resources for the maximum benefit of Indian people,
by managing tribal resources in accordance with tribally-
developed integrated resource management plans which provide
for the comprehensive management of all natural resources;
(6) to selectively develop and increase production of
certain fish and wildlife resources;
(7) to support the inclusion of tribal co-management or
cooperative activities in local, regional, national or
international decision-making processes and forums; and
(8) to develop and increase the production of fish,
wildlife and gathering resources so as to better meet tribal
subsistence, ceremonial, recreational and commercial needs.
(b) Management Program.--
(1) In order to achieve the objectives set forth in
subsection (a), the Secretary, in full consultation with
Indian tribal governments and tribal organizations, shall
establish the Tribal Fish and Wildlife Resource Management
Program which shall be administered consistent with the
provisions of the Indian Self-Determination and Educational
Assistance Act (25 U.S.C. 450b et seq.);
(2) The Secretary shall promote tribal management of tribal
fish, wildlife, trapping and gathering resources, and
implementation of this Act, through contracts, cooperative
agreements, or grants under the Indian Self-Determination and
Educational Assistance Act (25 U.S.C. 450b et seq.), or other
Federal laws;
(3) Upon the request of an Indian tribal government or
tribal organization, the Secretary shall enter into a
contract, cooperative agreement, or a grant under the Indian

[[Page S3940]]

Self-Determination and Educational Assistance Act with the
tribal government or tribal organization to plan, conduct, or
administer any program of the Department of the Interior, or
portion thereof, which affects tribal fish and wildlife
resources and which is currently administered by the
Secretary without regard to the agency or office of the
Department of the Interior or the organizational level within
the Department.
(4) Upon the request of an Indian tribal government or
tribal organization, the Secretary shall enter into a
cooperative agreement with the tribal government or tribal
organization to address management issues affecting tribal
fish and wildlife resources.
(c) Management Activities.--Tribal fish and wildlife
resource management activities carried out under the program
established in subsection (b) may include, but shall not be
limited to--
(1) the conduct of fish and wildlife population and life
history investigations, habitat investigations, habitat
mitigation, enhancement, rehabilitation and restoration
projects and programs, harvest management, and use studies;
(2) the development and implementation of integrated
resource management plans for tribal lands or regional
resource management areas, surveys, and inventories;
(3) fish production and hatchery management;
(4) the development, implementation, and enforcement of
tribal fish and wildlife codes, ordinances, and regulations;
(5) the development of tribal conservation programs,
including employment and training of tribal conservation
enforcement officers;
(6) judicial services;
(7) public use and information management and general
administration; and
(8) participation in joint or cooperative management office
and wildlife resources on a regional basis with Federal,
State, tribal, and local or international authorities.
(d) Survey and Report.--
(1) Upon the request of an Indian tribal government, the
Secretary shall cause to be conducted a survey for the
reservation of that tribal government, which shall include
but not be limited to--
(A) a review of existing tribal codes, ordinances,
and regulations governing the management office and
wildlife resources;
(B) an assessment of the need to update and revise tribal
codes, ordinances, and regulations governing tribal fish and
wildlife resource protection and use;
(C) a determination and documentation of the needs for
tribal conservation officers, tribal fisheries and wildlife
biologists, and other professionals to administer tribal fish
and wildlife resources management programs;
(D) an assessment of the need to provide training to and
develop curricula for tribal fish and wildlife resource
personnel, including tribal conservation officers, tribal
fisheries and wildlife biologists, and other professionals to
administer tribal fish and wildlife resource management
programs;
(E) an assessment of the need for training of Federal
agency staff in matters pertaining to Federal-tribal
relations and the significance of fish and wildlife to tribal
communities;
(F) an assessment of the effects of Federal resource
management activities on tribal fish and wildlife resources;
and
(G) a determination and documentation of the condition of
tribal fish and wildlife resources.
(2) The Secretary is authorized to enter into contracts or
provide grants to Indian tribal governments or tribal
organizations under the authority of the Indian Self-
Determination and Educational Assistance Act for the purpose
of carrying out the survey.
(3) Within one year of the date of enactment of this Act,
the Secretary shall submit to the Congress a report on the
results of the survey conducted under the authority of
subsection (1) of this section.
(e) Tribal Fish and Wildlife Resource Management Plans.--
(1) In order to fulfill the management objectives set forth
in subsection (a), a tribal fish and wildlife resource
management plan shall be developed and implemented in the
following manner--
(A) pursuant to a self-determination contract or self-
governance compact under the authority of the Indian Self-
Determination and Education Assistance Act, an Indian tribal
government may develop or implement a tribal fish and
wildlife management plan.
(B) Subject to the provisions of subparagraph (C), the
tribal government shall have broad discretion in designing
and carrying out the planning process.
(C) If a tribal government elects not to contract for the
development or implementation of a tribal fish and wildlife
management plan, the Secretary shall develop and implement
the plan in consultation with the affected tribal government.
(D) Whether developed directly by the tribal government or
by the Secretary, the plan shall--
(i) determine the condition of fish and wildlife resources
and habitat conditions;
(ii) identify specific tribal fish and wildlife resources
goals and objectives;
(iii) establish management objectives for fish and wildlife
resources;
(iv) define critical values of the tribal government and
its members and provide for comprehensive management
objectives;
(v) be developed through public meetings;
(vi) use the public meeting records, existing survey
documents, reports, and other research from Federal agencies
and tribal colleges, state or community colleges, or other
tribal education or research institutions; and
(vii) be completed within three years of the initiation of
activity to establish the plan.
(2) Tribal fish and wildlife management plans developed and
approved under this section shall govern the management and
administration of tribal fish and wildlife resources by the
Bureau of Indian Affairs and the Indian tribal government.
(f) Tribal Management in Regional Resource Management
Areas.--
(1) Review.--To achieve the objectives set forth in section
210(a), the Secretary and the Secretaries of Commerce and
Agriculture shall review existing programs involving the
multi-jurisdictional management of fish, wildlife and
gathering resources in regional resource management areas,
for the purpose of determining the need for Indian
representation, program adequacy and staffing needs to
appropriately represent the interests of member tribes.
(2) Contracts or grants.--The Secretary is authorized to
enter into contracts or provide grants to Indian tribal
governments or tribal organizations under the authority of
the Indian Self-Determination and Educational Assistance Act
for the purpose of completing this review.
(3) Report.--Within one year of the date of enactment of
this Act, the Secretary, in consultation with the Secretaries
of Commerce and Agriculture, shall submit a report to the
Congress based upon the review conducted under subsection (1)
of this section assessing fish and wildlife program adequacy
and staff needs, and the condition of fish and wildlife
resources in regional resource management areas.
(g) Assistance.--The Secretary is authorized to provide
financial and technical assistance to enable Indian tribal
governments to--
(1) update and revise tribal codes, ordinances, and
regulations governing tribal fish and wildlife resource
protection and use;
(2) employ tribal conservation officers, tribal fisheries
and wildlife biologists, and other professionals to
administer Indian fish and wildlife resource management
programs;
(3) providing training for tribal fish and wildlife
resource personnel including tribal conservation officers
under a curriculum that incorporates law enforcement, fish
and wildlife conservation, identification and resource
management principles and techniques; and
(4) enable tribal governments and tribal conservation
agencies to enter into cooperative law enforcement
agreements, which may include provisions for additional
training and cross-deputization of tribal law enforcement
staff, with local, state and Federal jurisdiction for the
enforcement of laws and regulations pertaining to fish and
wildlife resources.
(h) Federal Activities.--
(1) Consultation and coordination.--In conducting
management activities under their respective authorities, the
Secretary, in coordination with the Secretaries of Commerce
and Agriculture, shall--
(A) consult with and seek the participation of Indian
tribal governments on matters affecting tribal fish and
wildlife resources in a manner consistent with the United
States' trust responsibility and the government-to-government
relationship between Indian tribal governments and the United
States;
(B) ensure that Federal agency staff are adequately trained
in issues pertaining to impacts of agency actions on tribal
fish and wildlife resources;
(C) investigate opportunities for Indian tribal governments
to perform land management activities on Federal land which
affect tribal fish and wildlife resources;
(D) develop a formal, written assessment of how Federal
resource management activities are affecting tribal use of
and access to tribal fish and wildlife resources;
(E) include rights reserved by tribal governments in
treaties with the United States in assessments of
environmental baselines.
(2) Protection of information.--Notwithstanding any other
provision of law, the Secretary shall not disclose, nor cause
the disclosure of any information conveyed to an agency under
the Secretary's administrative responsibilities pursuant to
this Act to any person, party, or entity, including other
Federal agencies, that is made available to the Secretary by
an Indian tribal government or a member of an Indian tribe
and which is--
(A) related to the administration of the United States'
trust responsibility for Indian lands and resources; and
(B) declared by the tribal government or individual member
of an Indian tribe to be culturally-sensitive, proprietary,
or in any manner confidential.
(3) Fees and access.--Upon the request of an Indian tribal
government, the Secretary and the Secretary of Agriculture
are authorized to--
(A) provide fish and wildlife resources to an Indian tribal
government from Federal lands administered by agencies under
their respective administrative responsibility without permit
or charge to the Indian tribe having an historical
relationship to such lands, so long as--
(i) an agreement is entered into between the Indian tribal
government and the Secretary or Secretary of Agriculture
which contains sufficient information and conditions
regarding the location, quantity, timing, and methods
associated with the provision of fish and wildlife resources
to ensure

[[Page S3941]]

compatibility with applicable agency management plans; and
(ii) the request does not adversely affect the ability of
the agency to carry out its responsibilities under the
applicable management plan;
(B) provide access to Federal lands under their respective
administrative responsibility for tribal traditional cultural
or customary purposes without permit or fee;
(C) temporarily close to general public use, one or more
specific portions of Federal lands under their respective
administrative responsibility in order to protect the privacy
of the activities referenced in subsection (B), provided that
any such closure shall be limited to the smallest practicable
area for the minimum period necessary in a manner consistent
with the purpose and intent of the American Indian Religious
Freedom Act (42 U.S.C. 1996);
(4) Effect on existing rights.--Nothing in this section
shall be construed to limit, modify, or amend existing rights
of any Indian tribal government under treaty, statute or
other agreement to access and use fish and wildlife
resources.

SEC. 202. EDUCATION IN TRIBAL FISH AND WILDLIFE RESOURCE
MANAGEMENT.

(a) Cooperative Research and Training Program.--
(1) The Secretary, the Secretary of Agriculture, the
Secretary of Commerce, or other Federal agencies as
appropriate, are authorized to enter into cooperative
agreements with colleges and universities, tribal community
colleges, Indian tribal governments and tribal organizations,
and with nonprofit organizations, for the establishment of
cooperative research and training units.
(2) In order to facilitate the full development of research
and training units and to support the educational objectives
of this title, the Secretary, and the Secretaries of
Agriculture and Commerce, as well as other Federal
agencies, shall--
(A) assign appropriate scientific personnel to serve at the
cooperative unit, through the agreement of the cooperating
parties;
(B) apply Indian preference in hiring policies;
(C) provide financial assistance, including reasonable
compensation, for the work of researchers on fish and
wildlife ecology and resource management projects funded
under this Act or other authorizing legislation;
(D) supply equipment for the use of cooperative unit
operations;
(E) provide for the incidental expenses of Federal
personnel and employees of cooperating tribal governments and
tribal organizations associated with cooperative units; and
(F) integrate cooperative research unit programs with the
training and educational opportunities and programs of Indian
community colleges to the greatest extent possible.
(b) Scholarship Program.--
(1) The Secretary is authorized to provide natural resource
management scholarships to Indians enrolled as full-time
students in accredited programs for post-secondary and
graduate natural resource management related fields of study;
(2) A natural resource management scholarship recipient
shall be required to enter into an obligated service
agreement in which the recipient agrees to accept employment,
following the completion of the recipient's course of study,
with an Indian tribal government, a tribal organization, the
Bureau of Indian Affairs, or the U.S. Fish and Wildlife
Service for one year for each year the recipient receives
scholarship assistance.
(3) The Secretary shall not deny scholarship assistance
under this subsection solely on the basis of an applicant's
scholastic achievement if the applicant has been admitted to
and remains in good standing in an accredited post-secondary
or graduate institution.
(c) Fish and Wildlife Education Outreach.--The Secretary
shall conduct, with the full and active participation of
Indian tribal governments, a natural resource education
outreach program to explain and stimulate interest in all
aspects of tribal natural resource management and to generate
interest in natural resource management careers, such as
fisheries or wildlife biologists or in natural resource
management.
(d) Postgraduate Recruitment.--The Secretary shall
establish and maintain a program to attract professional
Indian fish and wildlife biologists, as well as professionals
in other natural resource management fields, who have
graduated from post-secondary institutions or graduate
schools for employment by Indian tribal governments, tribal
organizations, the Bureau of Indian Affairs, or the U.S. Fish
and Wildlife Service, in exchange for the Secretary's
assumption of all or a portion of the professional's
outstanding educational loans, depending upon the period of
employment.
(e) Fish and Wildlife Biologist Intern Program.--
(1) The Secretary shall, with the full and active
participation of Indian tribal governments, establish a Fish
and Wildlife Resources Intern Program for at least 20 Indian
fish and wildlife resources intern positions.
(A) Intern positions shall be in addition to the forester
intern positions authorized in section 314(a) of the National
Indian Forest Resources Management Act (25 U.S.C. 3113(a)).
(B) Individuals selected to participate in the intern
program shall be enrolled full-time in approved post-
secondary institutions or graduate schools in curricula
leading to advanced degrees in natural resource management-
related fields.
(C) The Secretary shall pay all costs of tuition, books,
fees, and living expenses incurred by Indian interns in
natural resource management programs-while attending approved
study programs.
(D) An Indian fish and wildlife resources intern shall be
required to entered into an obligated service agreement to
served in a professional fish or wildlife resources
management-related capacity with an Indian tribal government,
a tribal organization, the Bureau of Indian Affairs, or a
U.S. Fish and Wildlife Service program serving tribal fish
and wildlife resources management objectives, for one year
for each year of education for which the Secretary assumes
the intern's educational costs under subsection (2).
(E) An Indian fish and wildlife resources intern shall be
required to report for service to the employing entity during
any break in the intern's course of study of more than 3
weeks duration. Time spent in such service shall be counted
toward satisfaction of the intern's obligated service.
(f) Cooperative Education Program.--
(1) The Secretary shall maintain a cooperative education
program for the purpose of recruiting promising Indian
students who are enrolled in secondary schools, tribal
colleges, community colleges, and other postsecondary
institutions or graduate schools for employment as
professional fisheries or wildlife biologists or other
resource management related professional positions with an
Indian tribal government, a tribal organization, the Bureau
of Indian Affairs, or with the U.S. Fish and Wildlife Service
serving or benefitting Indian lands.
(2) The Secretary shall pay all costs for tuition, books,
and fees of an Indian student who is enrolled in a course of
study at an educational institution with which the Secretary
has entered into a cooperative agreement, and who is
interested in pursuing a career with an Indian tribal
government, tribal organization, the Bureau of Indian
Affairs, or the U.S. Fish and Wildlife Service serving or
benefitting Indian lands.
(3) Financial need shall not be a requirement to receive
assistance under the program authorized in paragraph (1).
(4) A recipient of assistance under the program authorized
in paragraph (1) shall be required to enter into an obligated
service agreement to serve as professional fish or wildlife
biologist or other resource management related professional
with an Indian tribal government, a tribal organization, the
Bureau of Indian Affairs, or the U.S. Fish and Wildlife
Service, for one year for each year that the Secretary
assumes the recipient's educational costs pursuant to
paragraph (2).
(g) Public Education Regarding Tribal Fish and Wildlife
Resources.--
(1) The Secretary is authorized to establish within the
Secretary's office the position of Tribal Education
Coordinator to--
(A) enhance communications between Indian tribal
governments and the United States relating to the management
of tribal fish and wildlife resources or the role of tribal
governments in the co-management of fish and wildlife
resources;
(B) implement a program to educate the public about the
sovereign status of Indian tribal governments and the rights
reserved by tribal governments in treaties with the United
States, as well as the benefits of constructive relations
among tribal governments, state and local governments, and
Federal agencies;
(2) The responsibilities and duties of the Tribal Education
Coordinator shall include--
(A) the development of an educational program for local and
state governments and Federal agencies regarding the United
States' obligations to support and implement treaties,
statutes, executive orders and court decrees related to
the management of fish and wildlife resources;
(B) encouraging Federal agencies and state governments to
establish and pursue cooperative and collaborative
government-to-government relationships with Indian tribal
governments in the management of natural resources; and
(C) providing reports to the Committee on Indian Affairs of
the U.S. Senate and the Committee on Resources of the U.S.
House of Representatives by September 30th of each year on
the progress of the Tribal Education Coordinator in carrying
out these activities.
(h) Adequacy of Programs.--The Secretary shall provide
administrative oversight of the programs described in this
section until a sufficient number of Indian personnel are
available to administer tribal fish and wildlife resource
management programs on tribal lands and resource management
areas.
(i) Obligated Service; Breach of Contract.--
(1) Obligated service.--Where an individual enters into an
agreement for obligated service in return for financial
assistance under any provision of this section, the Secretary
shall promulgate such regulations as are necessary to provide
for an offer of employment to the recipient of such
assistance as required by such provision. Where an offer of
employment is not reasonably made, the regulations shall
provide that such service shall no longer be required.
(2) Breach of contract.--Where an individual fails to
accept a reasonable offer of employment in fulfillment of
such obligated service or unreasonably terminates or fails to
perform the duties of such employment, the Secretary shall
require a repayment of the financial assistance provided to
the individual by the Secretary, pro rated for the

[[Page S3942]]

amount of time of obligated service that was performed,
together with interest on such amount which would be payable
if at the time the amounts were paid, they were loans bearing
interest at the maximum legal prevailing rate, as determined
by the Secretary of the Treasury.

SEC. 203. TRIBAL FISH HATCHERY ASSISTANCE PROGRAM.

(a) Program.--The Secretary, in consultation with the
Secretary of Commerce, and with the full and active
participation of Indian tribal governments, shall establish
and administer a Tribal Fish Hatchery Assistance program for
the production and distribution of fish of the species,
strain, number, size, and quality to assist Indian tribal
governments to develop tribal hatcheries and enhance fishery
resources on tribal lands to meet tribal resource needs,
including but not limited to tribal subsistence, ceremonial
and commercial fishery needs.
(b) Report.--Within one year of the date of enactment of
this Act, the Secretary, in consultation with the Secretary
of Commerce, and with the full and active participation of
Indian tribal governments, shall submit a report to the
Congress which shall--
(A) identify the facilities that comprise the Tribal Fish
Hatchery Program;
(B) the maintenance, rehabilitation and the construction
needs of such facilities;
(C) identify criteria and procedures to be used in
evaluating and ranking fish hatchery maintenance and
rehabilitation project proposals submitted by Indian tribal
governments; and
(D) provide a plan for the administration and cost-
effective operation of the Tribal Fish Hatchery Assistance
Program.
(c) Contracts.--The Secretary, and the Secretary of
Commerce, are authorized to enter into a contract or annual
funding agreement under the authority of the Indian Self-
Determination and Educational Assistance Act with an Indian
tribal government to plan, conduct and administer the Tribal
Fish Hatchery Program, or any portion of the Program.
(d) Fish Hatchery Operating Agreements.--Upon the petition
of an Indian tribal government or a tribal organization
seeking to co-manage a facility or complex of facilities,
the Secretary, and the Secretary of Commerce, are
authorized to enter into agreements with entities owning
or operating hatcheries defined under section 103(5)(B) of
this Act and an Indian tribal government or tribal
organization which provides for the manner in which each
hatchery facility is to be operated so as to mitigate or
recover tribal fish resources subject to rights reserved
by the tribal government in treaties with the United
States.

TITLE III--ALASKA NATIVE FISH AND WILDLIFE PROGRAMS

SEC. 301. DEFINITIONS.

For purposes of this title--
(1) The term ``Alaska Native'' means a citizen of the
United States who is a person of one fourth degree or more
Alaska Indian (including Tsimshian Indians not enrolled in
the Metlakatla Indian Community) Eskimo, or Aleut blood, or
combination thereof, including, in the absence of proof of a
minimum blood quantum, any citizen of the United States who
is regarded as an Alaska Native by the Native village or
Native group of which he claims to be a member and whose
father or mother is, or, if deceased, was regarded as an
Alaska Native by any village or group, as defined in section
1602(b) of the Alaska Native Claims Settlement Act.
(2) The term ``Native village'' means ``any tribe, band,
clan, group, village, community, or association in the State
of Alaska listed in sections 1610 and 1615 of this title, and
which the Secretary determines was, on the 1970 census
enumeration date, composed of twenty-five or more Natives''
as defined in section 1602(c) of the Alaska Native Claims
Settlement Act.
(3) The term ``Regional Corporation'' means an Alaska
Native Regional Corporation established under the laws of the
State of Alaska as defined in section 1602(g) of the Alaska
Native Claims Settlement Act.
(4) The term ``Village Corporation'' means an Alaska Native
Village Corporation organized under the laws of the State of
Alaska as a business for profit or non-profit corporation to
hold, invest, manage, and/or distribute lands, property,
funds, and other rights and assets for and in behalf of a
Native Village as defined in section 1602(j) of the Alaska
Native Claims Settlement Act.
(5) The term ``Alaska Native fish and wildlife
organization'' means a commission, authority or other entity
chartered for the primary purpose of assisting in the
development of tribal natural resource management capacity
and technical capabilities.

SEC. 302. MANAGEMENT OF ALASKA NATIVE TRIBAL GOVERNMENT
INDIAN FISH AND WILDLIFE RESOURCE MANAGEMENT
PROGRAMS IN ALASKA.

(a) Management Objectives.--Consistent with provisions of
the Indian Self-Determination and Educational Assistance Act
(25 U.S.C. 450b et seq.), the Secretary shall support tribal
administration of Indian fish and wildlife resource
management activities to achieve the following objectives:
(1) to carry out the government-to-government relationship
between Indian tribal governments and the United States in
the management of Indian fish and wildlife resources;
(2) to provide for the development and enhancement of the
capacity of Indian tribal governments to participate in
management of Indian fish and wildlife resources;
(3) to protect, conserve and enhance Indian fish and
wildlife resources;
(4) to promote the development and use of Indian fish and
wildlife resources for the maximum benefit of Alaska Native
people, by managing Indian fish and wildlife resources in
accordance with tribally-developed integrated resource
management plans which provide for the cooperative management
of all natural resources within tribal lands;
(5) to selectively develop and increase production of
certain Indian fish and wildlife resources;
(6) to support the inclusion of Alaska Native tribal co-
management or cooperative activities in local, regional,
state, national or international decision-making processes
and forums; and
(7) to develop and increase the production of fish,
wildlife and gathering resources so as to better meet Alaska
Native subsistence, ceremonial, recreational and commercial
needs.
(b) Management Program.--
(1) In order to achieve the objectives set forth in
subsection (a), the Secretary, in full consultation with
Indian tribal governments and Alaska Native fish and wildlife
organizations, shall establish the Alaska Native Fish and
Wildlife Resource Management Program which shall be
administered consistent with the provisions of the Indian
Self-Determination and Educational Assistance Act (25 U.S.C.
450b et seq.);
(2) The Secretary shall promote meaningful Indian tribal
government involvement in the management of Indian fish and
wildlife resources, and implementation of this Act, through
contracts, compacts, cooperative agreements, or grants under
the Indian Self-Determination and Educational Assistance Act
(25 U.S.C. 450b et seq.), or other Federal laws;
(3) Upon the request of an Indian tribal government or
Alaska Native fish and wildlife organization, the Secretary
shall enter into a contract, compact, cooperative agreement,
or a grant under the Indian Self-Determination and
Educational Assistance Act with the Indian tribal government
or Alaska Native fish and wildlife organization to plan,
conduct, or administer any program of the Department of the
Interior, or portion thereof, which affects Indian fish and
wildlife resources, and which is currently administered by
the Secretary without regard to the agency or office of the
Department of the Interior or the organizational level within
the Department.
(4) Upon the request of an Indian tribal government or
Alaska Native fish and wildlife organization, the Secretary
shall enter into a cooperative agreement with the tribal
government or Alaska Native fish and wildlife organization to
address management issues affecting Indian fish and wildlife
resources.
(c) Management Activities.--Indian fish and wildlife
resource management activities carried out under the program
established in subsection (b) may include, but shall not be
limited to:
(1) the conduct of fish and wildlife population and life
history investigations, habitat investigations, habitat
mitigation, enhancement, rehabilitation and restoration
projects and programs, harvest management, and use studies;
(2) the development and implementation of integrated
resource management plans for tribal lands or traditional use
areas,
(3) fish and other aquatic species production and hatchery
management;
(4) the development, implementation, and enforcement of
Indian tribal government fish and wildlife codes, ordinances,
and regulations;
(5) the development of Indian tribal government
conservation programs, including employment and training of
tribal conservation enforcement officers;
(6) judicial services;
(7) public use and information management and general
administration; and
(8) participation in joint or cooperative management of
fish and wildlife resources on a regional basis with Federal,
State, tribal, and local or international authorities.
(d) Survey and Report.--
(1) Upon the request of an Indian tribal government, the
Secretary shall cause to be conducted a survey of the
traditional use area of that tribal government, which shall
include but not be limited to:
(A) a review of existing Indian tribal government codes,
ordinances, and regulations governing their members and
others in relation to the management of Indian fish and
wildlife resources;
(B) an assessment of the need to update and revise Indian
tribal government codes, ordinances, and regulations
governing Indian fish and wildlife resource protection and
use;
(C) a determination and documentation of the needs for
tribal conservation officers, tribal fisheries and wildlife
biologists, tribal fisheries and wildlife technicians, and
other professionals to administer and implement Indian fish
and wildlife resources management programs;
(D) an assessment of the need to provide training to and
develop curricula for tribal fish and wildlife resource
personnel, including tribal conservation officers, tribal
fisheries and wildlife biologists, tribal fisheries and
wildlife technicians, and other professionals to administer
and implement tribal fish and wildlife resource management
programs. Such curricula shall include the incorporation of
traditional ecological knowledge as well as the traditional;

[[Page S3943]]

(E) an assessment of the need for training of Federal
agency staff in matters pertaining to the relations between
the United States and Indian tribes and the significance of
Indian fish and wildlife to Native villages;
(F) an assessment of the effects of Federal and state
resource management activities on Indian fish, and wildlife
resources; and
(G) a determination and documentation of the condition of
those Indian fish and wildlife resources.
(2) The Secretary is authorized to enter into contracts,
compacts, or provide grants to Indian tribal governments or
Alaska Native fish and wildlife organizations under the
authority of the Indian Self-Determination and Educational
Assistance Act for the purpose of carrying out the survey.
(3) Within one year of the date of enactment of this Act,
the Secretary shall submit to the Congress a report on the
results of the survey conducted under the authority of
subsection (1) of this section.
(e) Indian Fish and Wildlife Resource Management Plans.--
(1) In order to fulfill the management objectives set forth
in subsection (a), an Indian fish and wildlife resource
management plan shall be developed and implemented in the
following manner:
(A) pursuant to a self-determination contract or self-
governance compact under the authority of the Indian Self-
Determination and Education Assistance Act, an Indian tribal
government or an Alaska Native fish and wildlife organization
may develop or implement an Indian fish and wildlife
management plan.
(B) Subject to the provisions of subparagraph (C), the
Indian tribal government shall have broad discretion in
designing and carrying out the planning process.
(C) If an Indian tribal government elects not to contract
for the development or implementation of a tribal fish and
wildlife management plan, the Secretary shall develop and
implement the plan in consultation with the affected tribal
government.
(D) Whether developed directly by the tribal government or
by the Secretary, the plan shall--
(i) determine the condition of Indian fish and wildlife
resources and habitat conditions;
(ii) identify specific Indian fish and wildlife resources
goals and objectives;
(iii) establish cooperative management objectives for
Indian fish and, wildlife resources;
(iv) define critical values of the Indian tribal government
and its members and provide for comprehensive management
objectives;
(v) be developed through a public meeting process;
(vi) apply the public meeting records, existing survey
documents, reports, and other research from Federal and state
agencies, community colleges, or other education or research
institutions; and
(vii) be completed within three years of the initiation of
activity to establish the plan.
(2) A Indian fish and wildlife management plans developed
and approved under this section shall govern the management
and administration of Indian fish and wildlife resources by
the Bureau of Indian Affairs and the tribal government.
(f) Tribal Management in Traditional Use Areas.--
(1) Review.--To achieve the objectives set forth in section
302(a), the Secretary and the Secretaries of Commerce and
Agriculture shall review existing programs involving the
management of Indian fish and wildlife resources in the
traditional use areas of Indian tribal governments, for the
purpose of determining the need for the meaningful
involvement of tribal governments, program adequacy and
staffing needs to appropriately represent the interests of
tribal governments.
(B) Contracts or grants.--The Secretary is authorized to
enter into contracts, compacts, or provide grants to Indian
tribal governments or Alaska Native fish and wildlife
organizations under the authority of the Indian Self-
Determination and Educational Assistance Act for the purpose
of completing this review.
(C) Report.--Within one year of the date of enactment of
this Act, the Secretary, in consultation with the Secretaries
of Commerce and Agriculture, shall submit a report to the
Congress based upon the review conducted under subsection (1)
of this section assessing fish and wildlife program adequacy
and staff needs, and the condition of Indian fish and
wildlife resources in the traditional use areas of tribal
governments.
(g) Assistance.--The Secretary is authorized to provide
financial and technical assistance to enable Indian tribal
governments to--
(1) update and revise tribal government codes, ordinances,
and regulations governing Indian fish and wildlife resource
protection and use;
(2) employ tribal conservation officers, tribal fisheries
and wildlife biologists, tribal fish and wildlife
technicians, and other professionals to administer and
implement Indian fish and wildlife resource management
programs;
(3) provide training for tribal fish and wildlife resource
personnel including tribal conservation officers under a
curriculum that incorporates law enforcement, fish and
wildlife conservation, identification and resource management
principles and techniques. Such curricula shall also include
the incorporation of traditional ecological knowledge as well
as the traditional management strategies and techniques of
Alaska Native people; and
(4) enable tribal governments and Alaska Native fish and
wildlife organizations to enter into cooperative law
enforcement agreements, which may include provisions for
additional training and cross-deputization of tribal law
enforcement staff, with local, state and Federal jurisdiction
for the enforcement of laws and regulations pertaining to
Indian fish and wildlife resources.
(h) Federal Activities.--
(1) Consultation and coordination.--In conducting
management activities under their respective authorities, the
Secretary, in coordination with the Secretaries of Commerce
and Agriculture, shall--
(A) consult with and seek the participation of Indian
tribal governments on all matters affecting Indian fish and
wildlife resources in a manner consistent with the United
States' trust responsibility,
(B) ensure that Federal agency staff are adequately trained
in issues pertaining to impacts of agency actions on Indian
fish and wildlife resources;
(C) investigate opportunities for Indian tribal governments
to perform cooperative land management activities on Federal
and other lands that affect Indian fish and wildlife
resources;
(D) develop a formal, written assessment of how Federal
resource management activities are affecting tribal use of
and access to Indian fish and wildlife resources and the
traditional use areas of Indian tribal governments;
(2) Protection of information.--Notwithstanding any other
provision of law, the Secretary shall not disclose, nor cause
the disclosure of any information conveyed to an agency under
the Secretary's administrative responsibilities pursuant to
this Act to any person, party, or entity, including other
Federal agencies, that is made available to the Secretary by
an Indian tribal government or a member of an Indian tribe
and which is--
(A) related to the administration of the United States'
trust responsibility for Indian lands and resources; and
(B) declared by the tribal government or individual member
of an Indian tribe to be culturally-sensitive, proprietary,
or in any manner confidential.
(3) Fees and access.--Upon the request of an Indian tribal
government, the Secretary and the Secretary of Agriculture
are authorized to--
(A) provide fish and wildlife resources to an Indian tribal
government from Federal lands administered by agencies under
their respective administrative responsibility without permit
or charge to the Indian tribe having an historical, cultural,
or geographical relationship to such lands, so long as--
(i) an agreement is entered into between the Indian tribal
government and the Secretary or Secretary of Agriculture
which contains sufficient information and conditions
regarding the location, quantity, timing, and methods
associated with the provision of Indian fish and wildlife
resources to ensure compatibility with applicable agency
management plans; and
(ii) the request does not adversely affect the ability of
the agency to carry out its responsibilities under the
applicable management plan;
(B) provide access to Federal lands under their respective
administrative responsibility for tribal traditional cultural
or customary purposes without permit or fee;
(C) temporarily close to general public use, one or more
specific portions of Federal lands under their respective
administrative responsibility in order to protect the privacy
of the activities referenced in subsection (B), provided that
any such closure shall be limited to the smallest practicable
area for the minimum period necessary in a manner consistent
with the purpose and intent of the American Indian Religious
Freedom Act (42 U.S.C. 1996);
(4) Effect on existing rights.--Nothing in this section
shall be construed to limit, modify, or amend existing rights
of any Indian tribal government under statute or other
agreement to access and use Indian fish and wildlife
resources.

SEC. 303. ALASKA NATIVE TRIBAL GOVERNMENT SEAFOOD AND
RESOURCE MARKETING ASSISTANCE PROGRAM.

(a) The Secretary of Commerce shall establish an Alaska
Native Seafood and Resource Marketing Assistance Program to
enable participating Indian tribal governments and Alaska
Native fish and wildlife organizations to develop the
necessary infrastructure and marketing systems to effectively
promote their products domestically and internationally.
(b) Within one year of the date of enactment of this Act,
working with participating Indian tribal governments, the
Secretary of Commerce shall develop and submit a report to
the Committee on Indian Affairs of the U.S. Senate and the
Committee on Resources of the U.S. House of Representatives,
that contains recommendations for legislation to provide
subsidies and other Federal support, permissive taxing and
coordinated training, promotions, and Alaska Native Tribal
product labeling as well as other initiatives, that hold the
potential to significantly enhance the ability of tribal
governments to assure that fair and equitable prices are
associated with seafood, bison, reindeer, muskox, yak and
other produced and harvested natural resources related
products.
(c) Within one year of the date of enactment of this Act,
the U.S. Food and Drug Administration, in consultation with
Indian

[[Page S3944]]

tribal governments, shall prepare a report to the Committee
on Indian Affairs of the U.S. Senate and the Committee on
Resources of the U.S. House of Representatives, that contains
recommendations for legislation that would enable Indian
tribal governments to be recognized as competent processing
authorities as well as recommendations for the provision of
technical assistance to tribal enterprises so as to ensure
that seafood, buffalo, reindeer, muskox, yak, and other
harvested natural resource products are safe for consumption.

TITLE IV--TRIBAL SEAFOOD AND RESOURCE MARKETING ASSISTANCE PROGRAM.

SEC. 401. ESTABLISHMENT.

(a) The Secretary of Commerce shall establish a Tribal
Seafood and Resource Marketing Assistance Program to enable
participating Indian tribal governments and tribal
organizations to develop the necessary infrastructure and
marketing systems to effectively promote their products
domestically and internationally.
(b) Within one year of the date of enactment of this Act,
working with participating Indian tribal government, the
Secretary of Commerce shall develop and submit a report to
the Committee on Indian Affairs of the U.S. Senate and the
Committee on Resources of the U.S. House of Representatives,
that contains recommendations for legislation to provide
subsidies and other Federal support, permissive taxing and
coordinated training and promotions, as well as other
initiatives, that hold the potential to significantly enhance
the ability of tribal governments to assure that fair and
equitable prices are associated with harvested natural
resources and seafood products.
(c) Within one year of the date of enactment of this Act,
the U.S. Food and Drug Administration, in consultation with
Indian tribal governments, shall prepare a report to the
Committee on Indian Affairs of the U.S. Senate and the
Committee on Resources of the U.S. House of Representatives,
that contains recommendations for legislation that would
enable Indian tribal government to be recognized as competent
processing authorities as well as recommendations for the
provision of technical assistance to tribal enterprises so as
to ensure that seafood and other harvested natural resource
products are safe for consumption.
(d) Health Issues. [to be developed]

SEC 402. MARKETING DEVELOPMENT GRANTS AND LOAN PROGRAM. [TO
BE DEVELOPED]

(a) Grants for Market Research and Pilot Programs.
(b) Loans for Infrastructure Development.

TITLE V--TRIBAL BISON CONSERVATION AND MANAGEMENT [to be developed]

TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. REGULATIONS.

Except as other provided by this Act, the Secretary shall
promulgate final regulations for the implementation of this
Act within 18 months of the date of enactment of this Act
with the full and active participation of Indian tribal
governments.

SEC. 602. SEVERABILITY.

If any section or provision of this Act is held invalid, it
is the intent of the Congress that the remaining sections or
provisions shall continue in full force and effect.

SEC. 603. SAVINGS.

(a) Nothing in this Act shall be construed to--
(1) diminish or expand the United States' trust
responsibility for tribal fish and wildlife resources, or any
legal obligation or remedy arising out of the United States'
trust responsibility;
(2) alter, abridge, repeal, or affect any valid, existing
agreement between an agency of the United States and an
Indian tribal government;
(3) alter, abridge, diminish, repeal, or affect the
reserved rights of any Indian tribal government established
by treaty, executive order, or other applicable laws or court
decrees;

TITLE VII--AUTHORIZATION OF APPROPRIATIONS

There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act.
______

By Mr. CONRAD (for himself and Mr. Brownback):
S. 2302. A bill to improve access to physicians in medically
underserved areas; to the Committee on the Judiciary.
Mr. CONRAD. Mr. President, today I am joined by Senator Brownback in
introducing important legislation aimed at ensuring that our medically
underserved communities have access to the doctors they need. This bill
reauthorizes the popular Conrad State 30 program for 5 years, satisfies
the initial intent of the program to let states decide for themselves
about how best to fulfill their health care shortage needs, and
clarifies existing law to ensure that Conrad State 30 waivers are
exempt from the H-1B visa cap.
The Conrad State 30 J-1 visa waiver program has been a great asset
over the last decade, bringing crucially-needed doctors to serve
medically underserved areas throughout our country. Forty-nine states
now participate in the program, accounting for 1027 doctors in 2003.
Each of these doctors is serving patients that might otherwise not be
served, providing valuable medical services to communities that
otherwise might have to go without.
Unfortunately, today's reality is that many areas of the country,
especially rural communities, have a very difficult time recruiting
American doctors. These health facilities have had no other choice but
to turn to foreign medical graduates. J-1 visa waivers allow foreign
physicians to practice in medically-underserved communities after their
J-1 status has expired without first returning to their home countries.
These waivers allow foreign physicians to receive nonimmigrant, H-1B
status for three years. In order to receive the waiver, the physician
undergoes numerous background and security checks, and must agree to
serve a medically-underserved community for three years. If he or she
fails to fulfill that commitment, the physician is subject to immediate
deportation.
Prior to the creation of the State 30 program, J-1 visa waivers
exclusively involved finding an ``interested federal agency'' to
coordinate the request. This was found to be a long, cumbersome, and
bureaucratic process. By allowing states to directly participate in the
process of obtaining waivers, the program relieves some of the burdens
on participating Federal agencies and allows decisions regarding a
state's health care needs to be made at the state level by the people
who know best. Since 1994, the program has been reauthorized a number
of times; the most recent reauthorization expires in June 2004.
The bill Senator Brownback and I introduce today contains 3 parts.
First and foremost, it contains a 5-year reauthorization. Five years is
a reasonable amount of time for Congress to be able to reassess the
physician needs of the country and to take appropriate steps in the
course of an additional reauthorization.
Second, consistent with the original intent of the Conrad State 30
program to provide states flexibility, the bill would allow states to
decide for themselves where their health care shortages are and how
best to use their 30 spots. Currently, states can only place these
doctors in shortage areas as designated by the Federal government.
States, however, can and should be able to make these decisions for
themselves. Instead of Washington, DC, telling a state where there is a
physician shortage, a state under this bill could do so for itself.
Third, the bill erases any ambiguity about whether Conrad State 30
doctors are exempt from the H-1B visa cap. Through legislation in the
106th Congress, Conrad State 30 waivers were specifically exempted from
the H-1B visa cap. Unfortunately, there is now ambiguity about whether
this provision still applies. Our current bill clarifies the original
intent of this previous legislation, clearly making Conrad State 30
doctors exempt.
In concluding, I want to thank Senator Brownback for his help and
support in developing this bill. Our bill is a modest one; it is
limited and it is targeted. However, this does not diminish the
importance of retaining and improving the Conrad State 30 program. The
vitality of hundreds of communities and, most importantly, the health
of thousands of patients across our country depend on it. I urge my
colleagues to support this legislation.
______

By Mr. EDWARDS:
S.J. Res. 31. A joint resolution to provide for
Congressional disapproval of certain regulations issued by
the Office of the Comptroller of the Currency, in accordance
with section 802 of title 5, United States Code; to the
Committee on Banking, Housing, and Urban Affairs.
______

By Mr. EDWARDS:
S.J. Res. 32. A joint resolution to provide for
Congressional disapproval of certain regulations issued by
the Office of the comptroller of the Currency, in accordance
with section 802 of title 5, United States Code; to the
Committee on Banking, Housing, and Urban Affairs.
Mr. EDWARDS. Mr. President, I rise today to introduce two joint
resolutions to fight predatory mortgage lending. The resolutions would
strike down the Office of the Comptroller of the Currency's recent
regulations that put millions of families in the sights of predatory
lenders.

[[Page S3945]]

The middle class--the foundation of our country--is sinking. In the
last generation, families have gone from saving for the future to
borrowing just to get by. Home foreclosure rates have tripled in the
last 25 years. This year, more middle-class children will see their
parents declare bankruptcy than will see their parents get divorced.
Working families are vulnerable. They cannot save because they must
spend more for housing, health care, child care, and college tuition.
These expenses are not luxuries. They are the necessities. Without
savings, a bump in the road--a lost job or sudden illness--could become
the end of the road.
There is a lot of work to be done to help families get ahead and
build a secure future. The legislation I am introducing today deals
with just one aspect of the problem, but it is an important one: the
fight against predatory mortgage lenders.
There are mortgage companies that cheat people, plain and simple.
Excessive fees leave families on a treadmill, forcing them to make
large mortgage payments while draining the wealth they have saved in
their home. Many families lose their home altogether. All told,
predatory lending costs homeowners an estimated $9 billion a year.
I am proud that my State of North Carolina is a leader in fighting
predatory lending. The strong law it passed in 1999 is saving consumers
$100 million a year, while mortgage credit remains widely available.
Unfortunately, the Federal Government is not doing as well. In fact,
we are losing ground. In January, the Office of the Comptroller of the
Currency in the U.S. Department of the Treasury issued new regulations
exempting national banks--which hold more than half of bank assets--
from State predatory lending laws.
Strong consumer protection laws have been States' responsibility for
more than a century. The new rules ignore that tradition, which has
served our country well, to create a safe haven for predatory lenders
in national banking law. They also create an incentive for State-
chartered banks to escape tough laws by converting to national banks.
The resolutions that I am introducing today would strike down the OCC
rules that preempt State law. It would restore States' ability to
enforce their predatory lending laws within their boundaries and
protect their homeowners against abusive loans.
These protections are badly needed. About half of subprime borrowers
are paying extra interest and fees, when they qualify for better rates.
That's hundreds of thousands of Americans who are each paying thousands
of dollars more than they should for their homes. Even worse, some
families see their loans refinanced again and again, their equity
diminished time and again, until one day they lose their home.
It is offensive, but predatory lenders target African-American and
other minority communities. If you are an upper-income African-American
family, you are twice as likely to get a subprime loan than a lower-
income white family is. Think about that: even though you are doing
better, you get a worse loan if you are African-American.
That is dead wrong. We need a strong national law to fight predatory
lending. We don't need a prohibition of the strong State laws now on
the books with weak national rules. I urge my colleagues to support
these resolutions.
I ask unanimous consent that the text of the resolutions be printed
in the Record.
There being no objection, the joint resolutions were ordered to be
printed in the Record, as follows:

S.J. Res. 31

Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
That Congress disapproves the rule submitted by the Office
of the Comptroller of the Currency relating to bank
activities and regulations, published at 69 Fed. Reg. 1895
(2004), and such rule shall have no force or effect.

S.J. Res. 32

Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
That Congress disapproves the rule submitted by the Office
of the Comptroller of the Currency relating to bank
activities and regulations, published at 69 Fed. Reg. 1904
(2004), and such rule shall have no force or effect.

____________________