[Congressional Record (Bound Edition), Volume 145 (1999), Part 15]
[Senate]
[Pages 21633-21648]
[From the U.S. Government Publishing Office, www.gpo.gov]



                SCHUYLKILL RIVER NATIONAL HERITAGE AREA

  Mr. SANTORUM. Mr. President, I rise today to introduce a bill that 
would establish the Schuylkill River National Heritage Area. This 
legislation recognizes the significance of the Schuylkill River Valley 
in Pennsylvania, and the role it played in the nation's economic 
expansion during the nineteenth century.
  The Schuylkill River, and later the railroads, moved anthracite coal 
through the river valley to Philadelphia and beyond, fueling the 
industrial

[[Page 21634]]

revolution that made this country great. It is important that we 
endeavor to preserve the historical and cultural contribution that the 
anthracite and related industries have made to our nation. The labor 
movement of the region played a significant role in crucial struggles 
to improve wages and working conditions for America's workers. The 
first national labor union was organized in this region and was the 
forerunner to the United Mine Workers of America.
  In 1995, under the management of the Schuylkill River Greenway 
Association (SRGA), the Schuylkill River Corridor was recognized as a 
state heritage park by the Commonwealth of Pennsylvania. Since that 
time, the SRGA has dedicated itself to restoring and preserving the 
historic Schuylkill River Corridor by encouraging enhancement and 
maintenance of the historic qualities of the river from its headwaters 
in Schuylkill County to its mouth at the confluence of the Delaware 
River.
  The legislation that I am introducing today, with the support of 
Senator Specter, will enable communities to conserve their heritage 
while continuing to create economic opportunities. It encourages the 
continuation of local interest by demonstrating the federal 
government's commitment to preserving the unique heritage of the 
Schuylkill River Heritage Corridor. This bill will require the 
Schuylkill River Greenway Association to enter into a cooperative 
agreement with the Secretary of the Interior to establish Heritage Area 
boundaries, and to prepare and implement a management plan within three 
years. This plan would inventory resources and recommend policies for 
resource management interpretation. Further, based on the criteria of 
other Heritage Areas established by the Omnibus Parks and Public Lands 
Management Act of 1996, this bill requires that federal funds provided 
under this bill do not exceed 50 percent of the total cost of the 
program.
  Mr. President, the anthracite coal fields of the Schuylkill River 
Corridor, and the people who mined them, were crucial to the industrial 
development of this nation. Through public and private partnership, 
this legislation will allow for the conservation, enhancement, and 
interpretation of the historical, cultural, and natural resources of 
the Schuylkill River Valley for present and future generations.
  Mr. President, I ask unanimous consent that a copy of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1584

       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 ``Schuylkill River Valley 
     National Heritage Area Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the Schuylkill River Valley made a unique contribution 
     to the cultural, political, and industrial development of the 
     United States;
       (2) the Schuylkill River is distinctive as the first spine 
     of modern industrial development in Pennsylvania and 1 of the 
     first in the United States;
       (3) the Schuylkill River Valley played a significant role 
     in the struggle for nationhood;
       (4) the Schuylkill River Valley developed a prosperous and 
     productive agricultural economy that survives today;
       (5) the Schuylkill River Valley developed a charcoal iron 
     industry that made Pennsylvania the center of the iron 
     industry within the North American colonies;
       (6) the Schuylkill River Valley developed into a 
     significant anthracite mining region that continues to thrive 
     today;
       (7) the Schuylkill River Valley developed early 
     transportation systems, including the Schuylkill Canal and 
     the Reading Railroad;
       (8) the Schuylkill River Valley developed a significant 
     industrial base, including textile mills and iron works;
       (9) there is a longstanding commitment to--
       (A) repairing the environmental damage to the river and its 
     surroundings caused by the largely unregulated industrial 
     activity; and
       (B) completing the Schuylkill River Trail along the 128-
     mile corridor of the Schuylkill Valley;
       (10) there is a need to provide assistance for the 
     preservation and promotion of the significance of the 
     Schuylkill River as a system for transportation, agriculture, 
     industry, commerce, and immigration; and
       (11)(A) the Department of the Interior is responsible for 
     protecting the Nation's cultural and historical resources; 
     and
       (B) there are sufficient significant examples of such 
     resources within the Schuylkill River Valley to merit the 
     involvement of the Federal Government in the development of 
     programs and projects, in cooperation with the Schuylkill 
     River Greenway Association, the State of Pennsylvania, and 
     other local and governmental bodies, to adequately conserve, 
     protect, and interpret this heritage for future generations, 
     while providing opportunities for education and 
     revitalization.
       (b) Purposes.--The purposes of this Act are--
       (1) to foster a close working relationship with all levels 
     of government, the private sector, and the local communities 
     in the Schuylkill River Valley of southeastern Pennsylvania 
     and enable the communities to conserve their heritage while 
     continuing to pursue economic opportunities; and
       (2) to conserve, interpret, and develop the historical, 
     cultural, natural, and recreational resources related to the 
     industrial and cultural heritage of the Schuylkill River 
     Valley of southeastern Pennsylvania.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Cooperative agreement.--The term ``cooperative 
     agreement'' means the cooperative agreement entered into 
     under section 4(d).
       (2) Heritage area.--The term ``Heritage Area'' means the 
     Schuylkill River Valley National Heritage Area established by 
     section 4.
       (3) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area appointed 
     under section 4(c).
       (4) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     section 5.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of 
     Pennsylvania.

     SEC. 4. ESTABLISHMENT.

       (a) In General.--For the purpose of preserving and 
     interpreting for the educational and inspirational benefit of 
     present and future generations certain land and structures 
     with unique and significant historical and cultural value 
     associated with the early development of the Schuylkill River 
     Valley, there is established the Schuylkill River Valley 
     National Heritage Area.
       (b) Boundaries.--The Heritage Area shall be comprised of 
     the Schuylkill River watershed within the counties of 
     Schuylkill, Berks, Montgomery, Chester, and Philadelphia, 
     Pennsylvania, as delineated by the Secretary.
       (c) Management Entity.--The management entity for the 
     Heritage Area shall be the Schuylkill River Greenway 
     Association.
       (d) Cooperative Agreement.--
       (1) In general.--To carry out this title, the Secretary 
     shall enter into a cooperative agreement with the management 
     entity.
       (2) Contents.--The cooperative agreement shall include 
     information relating to the objectives and management of the 
     Heritage Area, including--
       (A) a description of the goals and objectives of the 
     Heritage Area, including a description of the approach to 
     conservation and interpretation of the Heritage Area;
       (B) an identification and description of the management 
     entity that will administer the Heritage Area; and
       (C) a description of the role of the State.

     SEC. 5. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the management entity shall submit to 
     the Secretary for approval a management plan for the Heritage 
     Area that presents comprehensive recommendations for the 
     conservation, funding, management, and development of the 
     Heritage Area.
       (b) Requirements.--The management plan shall--
       (1) take into consideration State, county, and local plans;
       (2) involve residents, public agencies, and private 
     organizations working in the Heritage Area;
       (3) specify, as of the date of the plan, existing and 
     potential sources of funding to protect, manage, and develop 
     the Heritage Area; and
       (4) include--
       (A) actions to be undertaken by units of government and 
     private organizations to protect the resources of the 
     Heritage Area;
       (B) an inventory of the resources contained in the Heritage 
     Area, including a list of any property in the Heritage Area 
     that is related to the themes of the Heritage Area and that 
     should be preserved, restored, managed, developed, or 
     maintained because of its natural, cultural, historical, 
     recreational, or scenic significance;
       (C) a recommendation of policies for resource management 
     that considers and details application of appropriate land 
     and water management techniques, including the development of 
     intergovernmental cooperative agreements to protect the 
     historical, cultural, recreational, and natural resources of 
     the Heritage Area in a manner consistent with supporting 
     appropriate and compatible economic viability;

[[Page 21635]]

       (D) a program for implementation of the management plan by 
     the management entity;
       (E) an analysis of ways in which local, State, and Federal 
     programs may best be coordinated to promote the purposes of 
     this Act; and
       (F) an interpretation plan for the Heritage Area.
       (c) Disqualification From Funding.--If a management plan is 
     not submitted to the Secretary on or before the date that is 
     3 years after the date of enactment of this Act, the Heritage 
     Area shall be ineligible to receive Federal funding under 
     this Act until the date on which the Secretary receives the 
     management plan.
       (d) Update of Plan.--In lieu of developing an original 
     management plan, the management entity may update and submit 
     to the Secretary the Schuylkill Heritage Corridor Management 
     Action Plan that was approved by the State in March, 1995, to 
     meet the requirements of this section.

     SEC. 6. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

       (a) Authorities of the Management Entity.--For purposes of 
     preparing and implementing the management plan, the 
     management entity may--
       (1) make loans and grants to, and enter into cooperative 
     agreements with, the State and political subdivisions of the 
     State, private organizations, or any person; and
       (2) hire and compensate staff.
       (b) Duties of the Management Entity.--The management entity 
     shall--
       (1) develop and submit the management plan under section 5;
       (2) give priority to implementing actions set forth in the 
     cooperative agreement and the management plan, including 
     taking steps to--
       (A) assist units of government, regional planning 
     organizations, and nonprofit organizations in--
       (i) preserving the Heritage Area;
       (ii) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (iii) developing recreational resources in the Heritage 
     Area;
       (iv) increasing public awareness of and, appreciation for, 
     the natural, historical, and architectural resources and 
     sites in the Heritage Area;
       (v) restoring historic buildings relating to the themes of 
     the Heritage Area; and
       (vi) ensuring that clear, consistent, and environmentally 
     appropriate signs identifying access points and sites of 
     interest are installed throughout the Heritage Area;
       (B) encourage economic viability in the Heritage Area 
     consistent with the goals of the management plan; and
       (C) encourage local governments to adopt land use policies 
     consistent with the management of the Heritage Area and the 
     goals of the management plan;
       (3) consider the interests of diverse governmental, 
     business, and nonprofit groups within the Heritage Area;
       (4) conduct public meetings at least quarterly regarding 
     the implementation of the management plan;
       (5) submit substantial changes (including any increase of 
     more than 20 percent in the cost estimates for 
     implementation) to the management plan to the Secretary for 
     the approval of the Secretary; and
       (6) for any fiscal year in which Federal funds are received 
     under this Act--
       (A) submit to the Secretary a report describing--
       (i) the accomplishments of the management entity;
       (ii) the expenses and income of the management entity; and
       (iii) each entity to which the management entity made any 
     loan or grant during the fiscal year;
       (B) make available for audit all records pertaining to the 
     expenditure of Federal funds and any matching funds, and 
     require, for all agreements authorizing expenditure of 
     Federal funds by organizations other than the management 
     entity, that the receiving organizations make available for 
     audit all records pertaining to the expenditure of such 
     funds; and
       (C) require, for all agreements authorizing expenditure of 
     Federal funds by organizations other than the management 
     entity, that the receiving organizations make available for 
     audit all records pertaining to the expenditure of Federal 
     funds.
       (c) Use of Federal Funds.--
       (1) In general.--The management entity shall not use 
     Federal funds received under this Act to acquire real 
     property or an interest in real property.
       (2) Other sources.--Nothing in this Act precludes the 
     management entity from using Federal funds from other sources 
     for their permitted purposes.

     SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

       (a) Technical and Financial Assistance.--
       (1) In general.--At the request of the management entity, 
     the Secretary may provide technical and financial assistance 
     to the Heritage Area to develop and implement the management 
     plan.
       (2) Priorities.--In assisting the management entity, the 
     Secretary shall give priority to actions that assist in--
       (A) conserving the significant natural, historical, and 
     cultural resources that support the themes of the Heritage 
     Area; and
       (B) providing educational, interpretive, and recreational 
     opportunities consistent with the resources and associated 
     values of the Heritage Area.
       (3) Expenditures for non-federally owned property.--The 
     Secretary may spend Federal funds directly on non-federally 
     owned property to further the purposes of this Act, 
     especially assisting units of government in appropriate 
     treatment of districts, sites, buildings, structures, and 
     objects listed or eligible for listing on the National 
     Register of Historic Places.
       (b) Approval and Disapproval of Cooperative Agreements and 
     Management Plans.--
       (1) In general.--Not later than 90 days after receiving a 
     cooperative agreement or management plan submitted under this 
     Act, the Secretary, in consultation with the Governor of the 
     State, shall approve or disapprove the cooperative agreement 
     or management plan.
       (2) Action following disapproval.--
       (A) In general.--If the Secretary disapproves a cooperative 
     agreement or management plan, the Secretary shall--
       (i) advise the management entity in writing of the reasons 
     for the disapproval; and
       (ii) make recommendations for revisions in the cooperative 
     agreement or plan.
       (B) Time period for disapproval.--Not later than 90 days 
     after the date on which a revision described under 
     subparagraph (A)(ii) is submitted, the Secretary shall 
     approve or disapprove the proposed revision.
       (c) Approval of Amendments.--
       (1) In general.--The Secretary shall review substantial 
     amendments to the management plan.
       (2) Funding expenditure limitation.--Funds appropriated 
     under this Act may not be expended to implement any 
     substantial amendment until the Secretary approves the 
     amendment.

     SEC. 8. CULTURE AND HERITAGE OF ANTHRACITE COAL REGION.

       (a) In General.--The management entities of heritage areas 
     (other than the Heritage Area) in the anthracite coal region 
     in the State shall cooperate in the management of the 
     Heritage Area.
       (b) Funding.--Management entities described in subsection 
     (a) may use funds appropriated for management of the Heritage 
     Area to carry out this section.

     SEC. 9. SUNSET.

       The Secretary may not make any grant or provide any 
     assistance under this Act after the date that is 15 years 
     after the date of enactment of this Act.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this Act not more than $10,000,000, of which not 
     more than $1,000,000 is authorized to be appropriated for any 
     1 fiscal year.
       (b) Federal Share.--Federal funding provided under this Act 
     may not exceed 50 percent of the total cost of any project or 
     activity funded under this Act.
                                 ______
                                 
      By Mr. BAUCUS:
  S. 1585. A bill to establish a Congressional Trade Office; to the 
Committee on Finance.


                 congressional trade office legislation

  Mr. BAUCUS. Mr. President, I am introducing today a bill to create a 
new Congressional Trade Office that will provide the Congress with 
additional trade expertise--independent, non-partisan, and neutral 
expertise.
  Over the past 25 years that I have served in the Congress, I have 
watched a continuing transfer of authority and responsibility for trade 
policy from the Congress to the Executive Branch. The trend has been 
subtle, but it has been clear and constant. We need to reverse this 
trend. Congress has the Constitutional authority to provide more 
effective and active oversight of our nation's trade policy, and we 
should use it. Congress should be more active in setting the direction 
for the Executive Branch in its formulation of trade policy. I believe 
strongly that we must re-assert Congress' constitutionally defined 
responsibility for international commerce.
  The Congressional Trade Office will provide the entire Congress, 
through the Senate Finance Committee and the House Ways and Means 
Committee, with this additional trade expertise.
  I am proposing that the Congressional Trade Office have three sets of 
responsibilities.
  First, it will monitor compliance with major bilateral, regional, and 
multilateral trade agreements. It will analyze the success of those 
agreements based on commercial results, and it will do this in close 
consultation with the affected industries. It will recommend actions 
necessary to ensure that those countries that have made

[[Page 21636]]

commitments to the United States fully abide by those commitments. It 
will also provide annual assessments of the extent to which current 
agreements comply with labor goals and with environmental goals in 
those agreements.
  Second, the Congressional Trade Office will have an analytic 
function. For example, after the Administration delivers its National 
Trade Estimates report to the Congress each year, it will analyze the 
major outstanding trade barriers based on the cost to the U.S. economy. 
After the Administration delivers its Trade Policy Agenda to the 
Congress each year, it will provide an analysis of that agenda, 
including alternative goals, strategies, and tactics.
  The Congressional Trade Office will analyze proposed trade 
agreements, including agreements that do not require legislation to 
enter into effect. It will analyze the impact of Administration trade 
policy actions, including an assessment of the Administration's 
argument for not accepting an unfair trade practices case. And it will 
analyze the trade accounts every quarter, including the global current 
account, the global trade account, and key bilateral trade accounts.
  Third, the Congressional Trade Office will be active in dispute 
settlement deliberations. It will evaluate each WTO decision where the 
U.S. is a participant. In the case of a U.S. loss, it will explain why 
it lost. In the case of a U.S. win, it will measure the commercial 
results from that decision. It will do a similar evaluation for NAFTA 
disputes. Congressional Trade Office staff will participate as 
observers on the U.S. delegation at dispute settlement panel meetings 
at the WTO.
  The Congressional Trade Office is designed to service the Congress. 
Its Director will report to the Senate Finance Committee and the House 
Ways and Means Committee. It will also advise other committees on the 
impact of trade negotiations and the Administration's trade policy on 
those committees' areas of jurisdiction.
  The staff will include a group of professionals with a mix of 
expertise in economics and trade law, plus in various industries and 
geographic regions. My expectation is that staff members will see this 
as a career position, thus, providing the Congress with long-term 
institutional memory.
  The Congressional Trade Office will work closely with other 
government entities involved in trade policy assessment, including the 
Congressional Research Service, the General Accounting Office, and the 
International Trade Commission. The Congressional Trade Office will not 
replace those agencies. Rather, the Congressional Trade Office will 
supplement their work, and leverage the work of those entities to 
provide the Congress with timely analysis, information, and advice.
  The areas of dispute resolution and compliance with trade agreements 
are central. The credibility of the global trading system, and the 
integrity of American trade law, depend on the belief, held by trade 
professionals, political leaders, industry representatives, workers, 
farmers, and the public at large, that agreements made are agreements 
followed. They must be fully implemented. There must be effective 
enforcement. Dispute settlement must be rapid and effective.
  Often more energy goes into negotiating new agreements than into 
ensuring that existing agreements work. Of course, it is necessary to 
continue efforts at trade liberalization globally. But support for 
those efforts is a direct function of the perception that agreements 
work. The Administration has increased the resources it devotes to 
compliance. But an independent and neutral assessment of compliance is 
necessary. It is unrealistic to expect an agency that negotiated an 
agreement to provide a totally objective and dispassionate assessment 
of that agreement's success or failure.
  The Congressional Trade Office will perform an annual evaluation of 
the commercial results of selected major bilateral trade agreements. 
The American Chamber of Commerce in Japan did this type of evaluation 
several years ago, examining in detail 45 bilateral agreements, and 
their conclusions were shocking. Fewer than one-third of those 
agreements were considered fully successful by the industries affected. 
The Congressional Trade Office should do this evaluation with our major 
trading partners. They will also recommend actions necessary to ensure 
that these agreements are fully implemented.
  Looking at the WTO dispute settlement process, I don't think we even 
know whether it has been successful or not from the perspective of U.S. 
commercial interests. A count of wins versus losses tells us nothing. 
The Congressional Trade Office will give us the facts we need to 
evaluate this process properly.
  Article I, Section 8, of the U.S. Constitution says: ``The Congress 
shall have power . . . To regulate commerce with foreign nations.'' It 
is our responsibility to provide oversight and direction on US trade 
policy. The Congressional Trade Office, as I have outlined it today, 
will provide us in the Congress with the means to do so.
  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. 1585

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

     SECTION 1. FINDINGS.

       Congress makes the following findings:
       (1) Congress has responsibility under the Constitution for 
     international commerce.
       (2) Congressional oversight of trade policy has often been 
     hampered by a lack of resources.
       (3) The United States has entered into numerous trade 
     agreements with foreign trading partners, including 
     bilateral, regional, and multilateral agreements.
       (4) The purposes of the trade agreements are--
       (A) to achieve a more open world trading system which 
     provides mutually advantageous market opportunities for trade 
     between the United States and foreign countries;
       (B) to facilitate the opening of foreign country markets to 
     exports of the United States and other countries by 
     eliminating trade barriers and increasing the access of 
     United States industry and the industry of other countries to 
     such markets; and
       (C) to reduce diversion of third country exports to the 
     United States because of restricted market access in foreign 
     countries.
       (5) Foreign country performance under certain agreements 
     has been less than contemplated, and in some cases rises to 
     the level of noncompliance.
       (6) The credibility of, and support for, the United States 
     Government's trade policy is, to a significant extent, a 
     function of the belief that trade agreements made are trade 
     agreements enforced.

     SEC. 2. ESTABLISHMENT OF OFFICE.

       (a) In General.--There is established an office in Congress 
     to be known as the Congressional Trade Office (in this Act 
     referred to as the ``Office'').
       (b) Purposes.--The purposes of the Office are as follows:
       (1) To reassert the constitutional responsibility of 
     Congress with respect to international trade.
       (2) To provide Congress, through the Committee on Finance 
     of the Senate and the Committee on Ways and Means of the 
     House of Representatives with additional independent, 
     nonpartisan, neutral trade expertise.
       (3) To assist Congress in providing more effective and 
     active oversight of trade policy.
       (4) To assist Congress in providing to the executive branch 
     more effective direction on trade policy.
       (5) To provide Congress with long-term, institutional 
     memory on trade issues.
       (6) To provide Congress with more analytical capability on 
     trade issues.
       (7) To advise relevant committees on the impact of trade 
     negotiations, including past, ongoing, and future 
     negotiations, with respect to the areas of jurisdiction of 
     the respective committees.
       (c) Director and Staff.--
       (1) Director.--
       (A) In general.--The Office shall be headed by a Director. 
     The Director shall be appointed by the Speaker of the House 
     of Representatives and the President pro tempore of the 
     Senate after considering the recommendations of the Chairman 
     and Ranking Member of the Committee on Finance of the Senate 
     and the Chairman and Ranking Member of the Committee on Ways 
     and Means of the House of Representative. The Director shall 
     be chosen without regard to political affiliation and solely 
     on the basis of the Director's expertise and fitness to 
     perform the duties of the Director.
       (B) Term.--The term of office of the Director shall be 5 
     years and the Director may be reappointed for subsequent 
     terms.
       (C) Vacancy.--Any individual appointed to fill a vacancy 
     prior to the expiration of a

[[Page 21637]]

     term shall serve only for the unexpired portion of that term.
       (D) Removal.--The Director may be removed by either House 
     by resolution.
       (E) Compensation.--The Director shall receive compensation 
     at a per annum gross rate equal to the rate of basic pay, as 
     in effect from time to time, for level III of the Executive 
     Schedule in section 5314 of title 5, United States Code.
       (2) Staff.--
       (A) In general.--The Director shall appoint and fix the 
     compensation of such personnel as may be necessary to carry 
     out the duties and functions of the Office. All personnel 
     shall be appointed without regard to political affiliation 
     and solely on the basis of their fitness to perform their 
     duties. The personnel of the Office shall consist of 
     individuals with expertise in international trade, including 
     expertise in economics, trade law, various industrial 
     sectors, and various geographical regions.
       (B) Benefits.--For purposes of pay (other than the pay of 
     the Director) and employment, benefits, rights and privilege, 
     all personnel of the Office shall be treated as if they were 
     employees of the House of Representatives.
       (3) Experts and consultants.--In carrying out the duties 
     and functions of the Office, the Director may procure the 
     temporary (not to exceed 1 year) or intermittent services of 
     experts or consultants or organizations thereof by contract 
     as independent contractors, or, in the case of individual 
     experts or consultants, by employment at rates of pay not in 
     excess of the daily equivalent of the highest rate of basic 
     pay payable under the General Schedule of section 5332 of 
     title 5.
       (4) Relationship to executive branch.--The Director is 
     authorized to secure information, data, estimates, and 
     statistics directly from the various departments, agencies, 
     and establishments of the executive branch of Government and 
     the regulatory agencies and commissions of the Government. 
     All such departments, agencies, establishments, and 
     regulatory agencies and commissions shall furnish the 
     Director any available material which he determines to be 
     necessary in the performance of his duties and functions 
     (other than material the disclosure of which would be a 
     violation of law). The Director is also authorized, upon 
     agreement with the head of any such department, agency, 
     establishment, or regulatory agency or commission, to utilize 
     its services and facilities with or without reimbursement; 
     and the head of each such department, agency, establishment, 
     or regulatory agency or commission is authorized to provide 
     the Office such services and facilities.
       (5) Relationship to other agencies of congress.--In 
     carrying out the duties and functions of the Office, and for 
     the purpose of coordinating the operations of the Office with 
     those of other congressional agencies with a view to 
     utilizing most effectively the information, services, and 
     capabilities of all such agencies in carrying out the various 
     responsibilities assigned to each, the Director is authorized 
     to obtain information, data, estimates, and statistics 
     developed by the General Accounting Office, the Library of 
     Congress, and other offices of Congress, and (upon agreement 
     with them) to utilize their services and facilities with or 
     without reimbursement. The Comptroller General, the Librarian 
     of Congress, and the head of other offices of Congress are 
     authorized to provide the Office with the information, data 
     estimates, and statistics, and the services and facilities 
     referred to in the preceding sentence.
       (d) Functions.--The functions of the Office are as follows:
       (1) Assistance to congress.--Provide the Committee on 
     Finance of the Senate and the Committee on Ways and Means of 
     the House of Representative and any other appropriate 
     committee of Congress or joint committee of Congress 
     information which will assist the committees in the discharge 
     of the matters within their jurisdiction.
       (2) Monitor compliance.--Monitor compliance with major 
     bilateral, regional, and multilateral trade agreements by--
       (A) consulting with the affected industries and interested 
     parties;
       (B) analyzing the success of agreements based on commercial 
     results;
       (C) recommending actions, including legislative action, 
     necessary to ensure that foreign countries that have made 
     commitments through agreements with the United States fully 
     abide by those commitments;
       (D) annually assessing the extent to which current 
     agreements comply with environmental goals; and
       (E) annually assessing the extent to which current 
     agreements comply with labor goals.
       (3) Analysis.--Perform the following analyses:
       (A) Not later than 60 days after the date the National 
     Trade Estimates report is delivered to Congress each year, 
     analyze the major outstanding trade barriers based on cost to 
     the United States economy.
       (B) Not later than 60 days after the date the Trade Policy 
     Agenda is delivered to Congress each year, analyze the 
     Administration's Agenda, including alternative goals, 
     strategies, and tactics, as appropriate.
       (C) Analyze proposed trade legislation.
       (D) Analyze proposed trade agreements, including agreements 
     that do not require implementing legislation.
       (E) Analyze the impact of the Administration's trade policy 
     and actions, including assessing the Administration's 
     decisions for not accepting unfair trade practices cases.
       (F) Analyze the trade accounts quarterly, including the 
     global current account, global trade account, and key 
     bilateral trade accounts.
       (4) Dispute settlement deliberations.--Perform the 
     following functions with respect to dispute resolution:
       (A) Participate as observers on the United States 
     delegation at dispute settlement panel meetings of the World 
     Trade Organization.
       (B) Evaluate each World Trade Organization decision where 
     the United States is a participant. In any case in which the 
     United States does not prevail, evaluate the decision and in 
     any case in which the United States does prevail, measure the 
     commercial results of that decision.
       (C) Evaluate each dispute resolution proceeding under the 
     North American Free Trade Agreement. In any case in which the 
     United States does not prevail, evaluate the decision and in 
     any case in which the United States does prevail, measure the 
     commercial results of that decision.
       (D) Participate as observers in other dispute settlement 
     proceedings that the Chairman and Ranking Member of the 
     Committee on Finance and the Chairman and Ranking Member of 
     the Committee on Ways and Means deem appropriate.
       (5) Other functions of director.--The Director and staff of 
     the Office shall perform the following additional functions:
       (A) Provide the Committee on Finance and the Committee on 
     Ways and Means with quarterly reports regarding the 
     activities of the Office.
       (B) Be available for consultation with congressional 
     committees on trade-related legislation.
       (C) Receive and review classified information and 
     participate in classified briefings in the same manner as the 
     staff of the Committee on Finance and the Committee on Ways 
     and Means.
       (D) Consult nongovernmental experts and utilize 
     nongovernmental resources.
       (E) Perform such other functions as the Chairman and 
     Ranking Member of the Committee on Finance and the Chairman 
     and Ranking Member of the Committee on Ways and Means may 
     request.

     SEC. 3. PUBLIC ACCESS TO DATA.

       (a) Right To Copy.--Except as provided in subsections (b) 
     and (c), the Director shall make all information, data, 
     estimates, and statistics obtained under this Act available 
     for public copying during normal business hours, subject to 
     reasonable rules and regulations, and shall to the extent 
     practicable, at the request of any person, furnish a copy of 
     any such information, data, estimates, or statistics upon 
     payment by such person of the cost of making and furnishing 
     such copy.
       (b) Exceptions.--Subsection (a) of this section shall not 
     apply to information, data, estimates, and statistics--
       (1) which are specifically exempted from disclosure by law; 
     or
       (2) which the Director determines will disclose--
       (A) matters necessary to be kept secret in the interests of 
     national defense or the confidential conduct of the foreign 
     relations of the United States;
       (B) information relating to trade secrets or financial or 
     commercial information pertaining specifically to a given 
     person if the information has been obtained by the Government 
     on a confidential basis, other than through an application by 
     such person for a specific financial or other benefit, and is 
     required to be kept secret in order to prevent undue injury 
     to the competitive position of such person; or
       (C) personnel or medical data or similar data the 
     disclosure of which would constitute a clearly unwarranted 
     invasion of personal privacy;
     unless the portions containing such matters, information, or 
     data have been excised.
       (c) Information Obtained for Committees and Members.--
     Subsection (a) of this section shall apply to any 
     information, data, estimates, and statistics obtained at the 
     request of any committee, joint committee, or Member unless 
     such committee, joint committee, or Member has instructed the 
     Director not to make such information, data, estimates, or 
     statistics available for public copying.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Office for 
     each fiscal year such sums as may be necessary to enable it 
     to carry out its duties and functions. Until sums are first 
     appropriated pursuant to the preceding sentence, for a period 
     not to exceed 12 months following the effective date of this 
     subsection, the expenses of the Office shall be paid from the 
     contingent fund of the Senate, in accordance with the 
     provisions of the paragraph relating to contingent funds 
     under the heading ``UNDER LEGISLATIVE'' in the Act of October 
     2, 1888 (25 Stat. 546; 2 U.S.C. 68), and upon vouchers 
     approved by the Director.

[[Page 21638]]

                                 ______
                                 
      By Mr. CAMPBELL:
  S. 1586. A bill to reduce the fractionated ownership of Indian Lands, 
and for other purposes; to the Committee on Indian Affairs.


                Indian Land Consolidation Act Amendments

  Mr. CAMPBELL. Mr. President, today I introduce a bill to amend the 
Indian Land Consolidation Act (ILCA) of 1983 to address the issue of 
Indian land fractionation: the underlying factor in the Indian trust 
reform effort. Under the 1871 Allotment Act, or ``Dawes'' act as it 
became known, the President was authorized to break up Indian 
reservations, allotting to each member of the tribe a tract of land. 
The Act also directed the Secretary of Interior to acquire some of the 
remaining tribal lands; often for subsequent resale to non-Indians. The 
day the Allotment Act became law, this country probably violated more 
treaties than in the hundred years before this Act or in the hundred 
years since.
  The negative effects of the Act continue to be felt even to this day. 
For example, the existence of hundreds of thousands of small, undivided 
fractional interests in Indian lands has swamped the Bureau of Indian 
Affairs' ability to keep track of who owns these interests, who is 
leasing them, how much is owed, and who has a right to the revenues 
from these lands.
  In 1934, Congress enacted the Indian Reorganization Act (IRA), ending 
the allotment policy and everything that it stood for by providing that 
no new allotments would be mandated by the federal government.
  The IRA authorized the Secretary of Interior to acquire lands for 
tribes, enabling Indian tribes to re-establish their land bases which 
had been decimated by the allotment policy. Notwithstanding the IRA, 
the ownership of individual allotments continued to fragment. For 
example the four heirs of an Indian who died owning a 160 acre 
allotment would each receive a 25 percent interest in the entire 
allotment; not a 40 acre parcel. If all four of those heirs had four 
children, these 16 heirs would each receive only a 1.56 percent 
interest, divided among 64 owners.
  In such situations, even locating the individuals to obtain their 
approval for a lease is nearly impossible. Clearly, getting a handle on 
the geometric rise in fractionated interests is necessary or the 
problem will be beyond our efforts to improve the management of tribal 
trust lands and funds.
  Previous Congressional efforts to reverse fractionation were declared 
unconstitutional by the U.S. Supreme Court. This proposal makes use of 
the lessons we have learned from those efforts.
  In 1983, Congress enacted the Indian Land Consolidation Act (ILCA), 
authorizing Indian tribes to enact land consolidation plans to sell or 
lease their lands to acquire fractional interests. The Act also allowed 
tribes to acquire, at fair market value, all of the interests in an 
allotment, and to enact probate codes to limit inheritance of allotted 
lands to Indians or tribal members.
  The most controversial provision of the ILCA involved an escheat 
provision preventing the inheritance of any interest in land that was 2 
percent or less of an undivided ownership in an allotment if it 
generated less than $100 before returning to the tribe.
  The Supreme Court found this section unconstitutional because it 
restricted Indians' ability to pass their land interests to their 
heirs.
  In 1984 Congress amended the ILCA to provide that undivided interests 
of 2 percent or less only returned to the tribe if they were incapable 
of earning $100 in any one of the five years from the date of its 
owner's death. In 1997, the Court once again ruled that the escheat 
provision of the act was unconstitutional.
  The bill I am introducing today makes use of nearly two decades of 
Congressional efforts to deal with the problem of land fractionation. 
We have the benefit of two Supreme Court cases to guide our 
deliberations. I am pleased to report that associations of individual 
allotment owners, in particular the Indian Land Working Group, have 
made very constructive proposals and contributions to our understanding 
of how land consolidation legislation may affect their members. The 
bill also uses the Administration's proposed legislation as a framework 
for reforming the ILCA.
  This bill establishes a three-pronged approach to dealing with the 
problems of fractionated ownership of allotted lands.
  First, the bill provides desperately needed reform for the probate of 
interests in allotted lands, including limitations on who may inherit 
these interests.
  Second, this bill would prohibit the inheritance of any interests 
that represent 2 percent or less of the ownership of an allotment 
unless it is specifically provided for in a valid will. This provision 
will be controversial, but the Administration insists that it is 
necessary to address: ``one of the root causes of our trust asset 
management difficulties.'' This provision will only apply in those 
situations where Indian owners are notified in advance that their 
interests could be lost unless they execute a will to address the 2 
percent interest issues.
  Finally, the bill establishes time-frames for BIA review of tribal 
probate codes, and authorizes the Secretary to acquire fractional 
interests on behalf of a tribe. The Secretary will apply the lease 
proceeds from these interests until the purchase price is recouped. 
Indian tribes with approved land consolidation plans may enter into 
agreements with the Secretary to use these funds for their acquisition 
program. In either case, the focus of this program will be 
consolidating small fractional interests that are choking the system.
  The bill takes some steps to encourage and assist part-owners of 
allotments who are trying to consolidate the ownership of their 
allotments, and makes it federal policy to assist with transactions, 
such as land exchanges between those owning comparable fractional 
interests.
  There is a demonstrable need for more resources to address the 
problems associated with land fractionation, including the need to 
educate allotment owners about probate planning options and 
opportunities. Creative solutions to this issue should be pursued. For 
example, some have proposed the use of federal income tax credits for 
those individuals who convey their fractional interest to a tribe.
  This bill does not please all parties to the debate, but it is a good 
faith effort to achieve most of our shared goals. If these parties will 
work in good faith, I will do my part as Chairman of the Indian Affairs 
Committee to convene hearings and work with them through the 
legislative process.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1586

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Indian Land Consolidation 
     Act Amendments of 1999''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) in the 1800's and early 1900's, the United States 
     sought to assimilate Indian people into the surrounding non-
     Indian culture by allotting tribal lands to individual 
     members of Indian tribes;
       (2) many trust allotments were taken out of trust status 
     and sold by their Indian owners;
       (3) the trust periods for trust allotments have been 
     extended indefinitely;
       (4) because of the inheritance provisions in the original 
     treaties or allotment Acts, the ownership of many of the 
     trust allotments that have remained in trust status has 
     become fractionated into hundreds or thousands of interests, 
     many of which represent 2 percent or less of the total 
     interests;
       (5) Congress has authorized the acquisition of lands in 
     trust for individual Indians, and many of those lands have 
     also become fractionated by subsequent inheritance;
       (6) the acquisitions referred to in paragraph (5) continue 
     to be made;
       (7) the fractional interests described in this section 
     provide little or no return to the beneficial owners of those 
     interests and the administrative costs borne by the United 
     States for those interests are inordinate;
       (8) substantial numbers of fractional interests of 2 
     percent or less of a total interest in trust or restricted 
     lands have escheated to Indian tribes under section 207 of 
     the Indian

[[Page 21639]]

     Land Consolidation Act (25 U.S.C. 2206), which was enacted in 
     1983;
       (9) in Babbit v. Youpee (117 S Ct. 727 (1997)), the United 
     States Supreme Court found that the application of section 
     207 of the Indian Land Consolidation Act to the facts 
     presented in that case to be unconstitutional;
       (11) in the absence of remedial legislation, the number of 
     the fractional interests will continue to grow; and
       (12) the problem of the fractionation of Indian lands 
     described in this section is the result of a policy of the 
     Federal Government, cannot be solved by Indian tribes, and 
     requires a solution under Federal law.

     SEC. 3. DECLARATION OF POLICY.

       It is the policy of the United States--
       (1) to prevent the further fractionation of trust 
     allotments made to Indians;
       (2) to consolidate fractional interests and ownership of 
     those interests into usable parcels;
       (3) to consolidate fractional interests in a manner that 
     enhances tribal sovereignty; and
       (4) to promote tribal self-sufficiency and self-
     determination.

     SEC. 4. AMENDMENTS TO THE INDIAN LAND CONSOLIDATION ACT.

       (a) In General.--The Indian Land Consolidation Act (25 
     U.S.C. 2201 et seq.) is amended--
       (1) in section 202--
       (A) in paragraph (1), by striking ``(1) `tribe' '' and 
     inserting ``(1) `Indian tribe' or `tribe' '';
       (B) by striking paragraph (2) and inserting the following:
       ``(2) `Indian' means any person who is a member of an 
     Indian tribe or is eligible to become a member of an Indian 
     tribe at the time of the distribution of the assets of a 
     decedent's estate;'';
       (C) by striking ``and'' at the end of paragraph (3);
       (D) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (E) by adding at the end the following:
       ``(5) `heirs of the first or second degree' means parents, 
     children, grandchildren, grandparents, brothers and sisters 
     of a decedent.'';
       (2) by amending section 203 to read as follows:

     ``SEC. 203. OTHER APPLICABLE PROVISIONS.

       ``(a) In General.--Subject to subsection (b), sections 5 
     and 7 of the Act of June 18, 1934 (commonly known as the 
     `Indian Reorganization Act') (48 Stat. 985 et seq., chapter 
     576; 25 U.S.C. 465 and 467) shall apply to all Indian tribes, 
     notwithstanding section 18 of that Act (25 U.S.C. 478).
       ``(b) Rule of Construction.--Nothing in this section is 
     intended to supersede any other provision of Federal law 
     which authorizes, prohibits, or restricts the acquisition of 
     land or the creation of reservations for Indians with respect 
     to any specific Indian tribe, reservation, or State.'';
       (3) in section 205--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``Any Indian'' and inserting ``(a) In 
     General.--Subject to subsection (b), any Indian'';
       (ii) by striking ``per centum of the undivided interest in 
     such tract'' and inserting ``percent of the individual 
     interests in such tract. Interests owned by an Indian tribe 
     in a tract may be included in the computation of the 
     percentage of ownership of the undivided interests in that 
     tract for purposes of determining whether the consent 
     requirement under the preceding sentence has been met.'';
       (iii) by striking ``: Provided, That--''; and inserting the 
     following:
       ``(b) Conditions Applicable to Purchase.--Subsection (a) 
     applies on the conditions that--'';
       (B) in paragraph (2)--
       (i) by striking ``If,'' and inserting ``if''; and
       (ii) by adding ``and'' at the end; and
       (C) by striking paragraph (3) and inserting the following:
       ``(3) the approval of the Secretary shall be required for a 
     land sale initiated under this section, except that such 
     approval shall not be required with respect to a land sale 
     transaction initiated by an Indian tribe that has in effect a 
     land consolidation plan that has been approved by the 
     Secretary under section 204.'';
       (4) by striking section 206 and inserting the following:

     ``SEC. 206. DESCENT AND DISTRIBUTION OF TRUST OR RESTRICTED 
                   LANDS; TRIBAL ORDINANCE BARRING NONMEMBERS OF 
                   AN INDIAN TRIBE FROM INHERITANCE BY DEVISE OR 
                   DESCENT.

       ``(a) Tribal Probate Codes.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, any Indian tribe may adopt a tribal probate code to 
     govern descent and distribution of trust or restricted lands 
     that are--
       ``(A) located within that Indian tribe's reservation; or
       ``(B) otherwise subject to the jurisdiction of that Indian 
     tribe.
       ``(2) Codes.--A tribal probate code referred to in 
     paragraph (1) may provide that, notwithstanding section 207, 
     only members of the Indian tribe shall be entitled to receive 
     by devise or descent any interest in trust or restricted 
     lands within that Indian tribe's reservation or otherwise 
     subject to that Indian tribe's jurisdiction.
       ``(b) Secretarial Approval.--
       ``(1) In general.--Any tribal probate code enacted under 
     subsection (a), and any amendment to such a tribal probate 
     code, shall be subject to the approval of the Secretary.
       ``(2) Review and approval.--
       ``(A) In general.--Each Indian tribe that adopts a tribal 
     probate code under subsection (a) shall submit that code to 
     the Secretary for review. Not later than 180 days after a 
     tribal probate code is submitted to the Secretary under this 
     paragraph, the Secretary shall review and approve or 
     disapprove that tribal probate code.
       ``(B) Consequence of failures to approve or disapprove a 
     tribal probate code.--If the Secretary fails to approve or 
     disapprove a tribal probate code submitted for review under 
     subparagraph (A) by the date specified in that subparagraph, 
     the tribal probate code shall be deemed to have been approved 
     by the Secretary, but only to the extent that the tribal 
     probate code is consistent with Federal law.
       ``(C) Consistency of tribal probate code with this act.--
     The Secretary may not approve a tribal probate code under 
     this paragraph unless the Secretary determines that the 
     tribal probate code is consistent with this Act.
       ``(D) Explanation.--If the Secretary disapproves a tribal 
     probate code under this paragraph, the Secretary shall 
     include in a notice of the disapproval to the Indian tribe a 
     written explanation of the reasons for the disapproval.
       ``(E) Amendments.--
       ``(i) In general.--Each Indian tribe that amends a tribal 
     probate code under this paragraph shall submit the amendment 
     to the Secretary for review and approval. Not later than 60 
     days after receiving an amendment under this subparagraph, 
     the Secretary shall review and approve or disapprove the 
     amendment.
       ``(ii) Consequence of failure to approve or disapprove an 
     amendment.--If the Secretary fails to approve or disapprove 
     an amendment submitted under clause (i), the amendment shall 
     be deemed to have been approved by the Secretary, but only to 
     the extent that the amendment is consistent with Federal law.
       ``(3) Effective dates.--A tribal probate code or amendment 
     approved under paragraph (2) shall become effective on the 
     later of--
       ``(A) the date specified in section 207(e)(1); or
       ``(B) 180 days after the date of approval.
       ``(4) Limitations.--
       ``(A) Tribal probate codes.--Each tribal probate code 
     enacted under subsection (a) shall apply only to the estate 
     of a decedent who dies on or after the effective date of the 
     tribal probate code.
       ``(B) Amendments to tribal probate codes.--With respect to 
     an amendment to a tribal probate code referred to in 
     subparagraph (A), that amendment shall apply only to the 
     estate of a descendant who dies on or after the effective 
     date of the amendment.
       ``(5) Repeals.--The repeal of a tribal probate code shall--
       ``(A) not become effective earlier than the date that is 
     180 days after the Secretary receives notice of the repeal; 
     and
       ``(B) apply only to the estate of a decedent who dies on or 
     after the effective date of the repeal.
       ``(c) Use of Proposed Findings by Tribal Justice Systems.--
       ``(1) Tribal justice system defined.--In this subsection, 
     the term `tribal justice system' has the meaning given that 
     term in section 3 of the Indian Tribal Justice Act (25 U.S.C. 
     3602).
       ``(2) Regulations.--The Secretary shall promulgate 
     regulations concerning the use of proposed findings of fact 
     and conclusions of law, as rendered by a tribal justice 
     system, in the adjudication of probate proceedings by the 
     Department of the Interior.
       ``(d) Life Estates for Non-Indian Spouses and Children Who 
     Would Otherwise Be Precluded From Inheriting By Reason of the 
     Operation of a Tribal Probate Code.--
       ``(1) In general.--Paragraph (2) shall apply with respect 
     to a non-Indian spouse or child of an Indian decedent, if 
     that decedent is subject to a tribal probate code that has 
     been approved by the Secretary (or deemed approved) under 
     subsection (b) and--
       ``(A) dies intestate; and
       ``(B) has devised an interest in trust or restricted lands 
     to that non-Indian spouse or child, which the spouse or child 
     is otherwise prohibited from inheriting by reason of that 
     tribal probate code.
       ``(2) Life estates.--
       ``(A) In general.--A surviving non-Indian spouse or child 
     of the decedent described in paragraph (1) may elect to 
     receive a life estate in the portion of the trust or 
     restricted lands to which that individual would have been 
     entitled under the tribal probate code, if that individual 
     were an Indian.
       ``(B) Remainder of interest.--If a non-Indian spouse or 
     child elects to receive a life estate described in 
     subparagraph (A), the remainder of the interest of the Indian 
     decedent shall vest in the Indians who would otherwise have 
     been heirs, but for that spouse's or child's election to 
     receive a life estate.'';

[[Page 21640]]

       (5) by striking section 207 and inserting the following:

     ``SEC. 207. DESCENT AND DISTRIBUTION; ESCHEAT OF FRACTIONAL 
                   INTERESTS.

       ``(a) Descent and Distribution.--Except as provided in this 
     section, interests in trust or restricted lands may descend 
     by testate or intestate succession only to--
       ``(1) the decedent's heirs-at-law or relatives within the 
     first and second degree;
       ``(2) a person who owns a preexisting interest in the same 
     parcel of land conveyed by the decedent;
       ``(3) members of the Indian tribe with jurisdiction over 
     the lands devised; or
       ``(4) the Indian tribe with jurisdiction over the lands 
     devised.
       ``(b) Special Rule.--A decedent that does not have a 
     relative who meets the description under subsection (a)(1) or 
     a relative who is a member described in subsection (a)(3) may 
     devise that decedent's estate or any asset of that estate to 
     any relative.
        ``(c) Devise of Interests in the Same Parcel to More Than 
     1 Person.--
       ``(1) Joint tenancy with right of survivorship.--If a 
     testator devises interests in the same parcel of trust or 
     restricted land to more than 1 person, in the absence of 
     express language in the devise to the contrary, the devise 
     shall be presumed to create a joint tenancy with right of 
     survivorship.
       ``(2) Estates passing by intestate succession.--With 
     respect to an estate passing by intestate succession, only a 
     spouse and heirs of the first or second degree may inherit an 
     interest in trust or restricted lands.
       ``(3) Escheat.--If no individual is eligible to receive an 
     interest in trust or restricted lands, the interest shall 
     escheat to the Indian tribe having jurisdiction over the 
     trust or restricted lands, subject to any life estate that 
     may be created under section 206(d).
       ``(4) Notification to Indian tribes.--Not later than 180 
     days after the date of enactment of the Indian Land 
     Consolidation Act Amendments of 1999, the Secretary shall, to 
     the extent that the Secretary considers to be practicable, 
     notify Indian tribes and individual landowners of the 
     amendments made by the Indian Land Consolidation Act 
     Amendments of 1999. The notice shall list estate planning 
     options available to the owners.
       ``(5) Descent of off-reservation lands.--
       ``(A) Indian reservation defined.--For purposes of this 
     paragraph, the term `Indian reservation' includes lands 
     located within--
       ``(i) Oklahoma; and
       ``(ii) the boundaries of an Indian tribe's former 
     reservation (as defined and determined by the Secretary).
       ``(B) Descent.--Upon the death of an individual holding an 
     interest in trust or restricted lands that are located 
     outside the boundaries of an Indian reservation and that are 
     not subject to the jurisdiction of any Indian tribe, that 
     interest shall descend either--
       ``(A) by testate or intestate succession in trust to an 
     Indian; or
       ``(B) in fee status to any other devises or heirs.
       ``(6) Notice to indians.--
       ``(A) In general.--The Secretary shall provide notice to 
     each Indian that has an interest in trust or restricted lands 
     of that interest. The notice shall specify that if such 
     interest is in 2 percent or less of the total acreage in a 
     parcel of trust or restricted lands, that interest may 
     escheat to the Indian tribe of that Indian.
       ``(B) Limitation.--Subsections (a) and (d) shall not apply 
     to the probate of any interest in trust or restricted lands 
     of an Indian decedent if the Secretary failed to provide 
     notice under subparagraph (A) to that individual before the 
     date that is 180 days before the death of the decedent.
       ``(d) Escheatable Fractional Interests.--
       ``(1) In general.--Notwithstanding subsection (a), no 
     undivided interest which represents 2 percent or less of the 
     total acreage in a parcel of trust or restricted land shall 
     pass by intestacy.
       ``(2) Escheat.--An undivided interest referred to in 
     paragraph (1) shall escheat--
       ``(A) to the Indian tribe on whose reservation the interest 
     is located; or
       ``(B) if that interest is located outside of a reservation, 
     to the recognized tribal government possessing jurisdiction 
     over the land.''; and
       (6) by adding at the end the following:

     ``SEC. 213. ACQUISITION OF FRACTIONAL INTERESTS.

       ``(a) In General.--The Secretary may acquire, in the 
     discretion of the Secretary, with the consent of its owner 
     and at fair market value, any fractional interest in trust or 
     restricted lands. The Secretary shall give priority to the 
     acquisition of fractional interests representing 2 percent or 
     less of a parcel of trust or restricted land. The Secretary 
     shall hold in trust for the Indian tribe that has 
     jurisdiction over the fractional interest in trust or 
     restricted lands the title of all interests acquired under 
     this section.
       ``(b) Program of Acquisition.--Any Indian tribe that has in 
     effect a consolidation plan that has been approved by the 
     Secretary under section 204 may request the Secretary to 
     enter into an agreement with the Indian tribe to implement a 
     program to acquire fractional interests, as authorized by 
     subsection (a) using funds appropriated pursuant to this Act.

     ``SEC. 214. ADMINISTRATION OF ACQUIRED FRACTIONAL INTERESTS, 
                   DISPOSITION OF PROCEEDS.

       ``(a) In General.--Subject to the conditions described in 
     subsection (b)(1), an Indian tribe receiving a fractional 
     interest under section 207 or 213 may, as a tenant in common 
     with the other owners of the trust or restricted lands, lease 
     the interest, sell the resources, consent to the granting of 
     rights-of-way, or engage in any other transaction affecting 
     the trust or restricted land authorized by law.
       ``(b) Conditions.--
       ``(1) In general.--The conditions described in this 
     paragraph are as follows:
       ``(A) Until the purchase price paid by the Secretary for 
     the interest referred to in subsection (a) has been 
     recovered, any lease, resource sale contract, right-of-way, 
     or other transaction affecting the document providing for the 
     disposition of the interest under that subsection shall 
     contain a clause providing that all revenue derived from the 
     interest shall be paid to the Secretary.
       ``(B) The Secretary shall deposit any revenue derived from 
     interest paid under subparagraph (A) in the Acquisition Fund 
     created under section 216.
       ``(C) The Secretary shall deposit any revenue derived from 
     the interest that is paid under subparagraph (A) that is in 
     an amount in excess of the purchase price of the fractional 
     interest involved to the credit of the Indian tribe that 
     receives the fractional interest under section 213.
       ``(D) Notwithstanding any other provision of law, including 
     section 16 of the Act of June 18, 1934 (commonly referred to 
     as the `Indian Reorganization Act') (48 Stat. 987, chapter 
     576; 25 U.S.C. 476), during such time as an Indian tribe is a 
     tenant in common with individual Indian landowners on land 
     acquired under section 207 or 213, the Indian tribe may not 
     refuse to enter into any transaction covered under this 
     section if landowners owning a majority of the undivided 
     interests in the parcel consent to the transaction.
       ``(E) If the Indian tribe does not consent to enter into a 
     transaction referred to in subparagraph (D), the Secretary 
     may consent on behalf of the Indian tribe.
       ``(F) For leases of allotted land that are authorized to be 
     granted by the Secretary, the Indian tribe shall be treated 
     as if the Indian tribe were an individual Indian landowner.
       ``(2) Exception.--Paragraph (1)(A) shall not apply to any 
     revenue derived from an interest in a parcel of land acquired 
     by the Secretary under section after an amount equal to the 
     purchase price of that interest in land has been paid into 
     the Acquisition Fund created under section 216.

     ``SEC. 215. ESTABLISHING FAIR MARKET VALUE.

       ``For the purposes of this Act, the Secretary may develop a 
     reservation-wide system (or system for another appropriate 
     geographical unit) for establishing the fair market value of 
     various types of lands and improvements. That system may 
     govern the amounts offered for the purchase of interests in 
     trust or restricted lands under section 213.

     ``SEC. 216. ACQUISITION FUND.

       ``(a) In General.--The Secretary shall establish an 
     Acquisition Fund to--
       ``(1) disburse appropriations authorized to accomplish the 
     purposes of section 213; and
       ``(2) collect all revenues received from the lease, permit, 
     or sale of resources from interests in trust or restricted 
     lands transferred to Indian tribes by the Secretary under 
     section 213.
       ``(b) Deposits; Use.--
       ``(1) In general.--Subject to paragraph (2), all proceeds 
     from leases, permits, or resource sales derived from an 
     interest in trust or restricted lands described in subsection 
     (a)(2) shall--
       ``(A) be deposited in the Acquisition Fund; and
       ``(B) as specified in advance in appropriations Acts, be 
     available for the purpose of acquiring additional fractional 
     interests in trust or restricted lands.
       ``(2) Maximum deposits of proceeds.--With respect to the 
     deposit of proceeds derived from an interest under paragraph 
     (1), the aggregate amount deposited under that paragraph 
     shall not exceed the purchase price of that interest under 
     section 213.

     ``SEC. 217. DETERMINATION OF RESERVATION BOUNDARIES AND 
                   TRIBAL JURISDICTION.

       ``(a) Determination of Jurisdiction.--
       ``(1) In general.--The Secretary shall determine whether a 
     parcel of land is--
       ``(A) within an Indian reservation; or
       ``(B) otherwise subject to an Indian tribe's jurisdiction.
       ``(2) Review.--The United States District Court for the 
     district where land that is subject to a determination under 
     paragraph (1) is located may review the determination under 
     chapter 7 of title 5, United States Code.
       ``(b) Rule of Construction.--Nothing in this Act may be 
     construed to affect section 2409a of title 28, United States 
     Code.

     ``SEC. 218. TRUST AND RESTRICTED LAND TRANSACTIONS.

       ``(a) Policy.--It is the policy of the United States to 
     encourage and assist the consolidation of land ownership 
     through transactions

[[Page 21641]]

     involving individual Indians in a manner consistent with the 
     policy of maintaining the trust status of allotted lands.
       ``(b) Valuation of Sales and Exchanges.--Notwithstanding 
     any other provision of law--
       ``(1) the sale of an interest in trust or restricted land 
     may be made for an amount that is less than the fair market 
     value of that interest; and
       ``(2) the exchange of an interest in trust or restricted 
     lands may be made for an interest of a value less than the 
     fair market value of the interest in those lands.
       ``(c) Status of Lands.--The sale or exchange of an interest 
     in trust or restricted land under this section shall not 
     affect the status of that land as trust or restricted land.
       ``(d) Gift Deeds.--
       ``(1) In general.--An individual owner of an interest in 
     trust or restricted land may convey that interest by gift 
     deed to--
       ``(A) an individual Indian who is a member of the Indian 
     tribe that exercises jurisdiction over the land;
       ``(B) the Indian tribe that exercises jurisdiction over 
     that land; or
       ``(C) any other person whom the Secretary determines may 
     hold the land in trust or restricted status.
       ``(2) Special rule.--With respect to any gift deed conveyed 
     under this section, the Secretary shall not require an 
     appraisal.

     ``SEC. 219. REPORTS TO CONGRESS.

       ``(a) In General.--Not later than the date that is 3 years 
     after the date of enactment of the Indian Land Consolidation 
     Act Amendments of 1999, and annually thereafter, the 
     Secretary shall submit to Congress a report that indicates, 
     for the period covered by the report--
       ``(1) the number of fractional interests in trust or 
     restricted lands acquired; and
       ``(2) the impact of the resulting reduction in the number 
     of such fractional interests on the financial and realty 
     recordkeeping systems of the Bureau of Indian Affairs.
       ``(b) Recommendations for Legislation.--The Secretary, 
     after consultation with the Indian tribes, shall make 
     recommendations for such legislation as is necessary to make 
     further reductions in the fractional interests referred to in 
     subsection (a).

     ``SEC. 220. APPROVAL OF LEASES, RIGHTS-OF-WAY, AND SALES OF 
                   NATURAL RESOURCES.

       ``(a) In General.--The Secretary may approve any lease, 
     right-of-way, sale of natural resources, or any other 
     transaction affecting individually owned trust or restricted 
     lands that requires approval by the Secretary, if--
       ``(1) the owners of a majority interest in the trust or 
     restricted lands consent to the transaction; and
       ``(2) the Secretary determines that approval of the 
     transaction is in the best interest of the Indian owners.
       ``(b) Binding Transactions.--Upon the approval of a 
     transaction referred to in subsection (a), the transaction 
     shall be binding upon the owners of the minority interests in 
     the trust or restricted land, and all other parties to the 
     transaction to the same extent as if all of the Indian owners 
     had consented to the transaction.

     ``SEC. 221. REAL ESTATE TRANSACTIONS INVOLVING NON-TRUST 
                   LANDS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, any Indian tribe may on the same basis as any other 
     person, buy, sell, mortgage, or otherwise acquire or dispose 
     of lands or interests in land described in subsection (b), 
     without an Act of Congress or the approval of the Secretary.
       ``(b) Lands.--Lands described in this subsection are lands 
     that are--
       ``(1) acquired after the date of enactment of the Indian 
     Land Consolidation Act Amendments of 1999; and
       ``(2) not held in trust or subject to a preexisting Federal 
     restriction on alienation imposed by the United States.
       ``(c) No Liability on Part of the United States.--The 
     disposition of lands described in subsection (b) shall create 
     no liability on the part of the United States.''.
       (b) Effective Date; Applicability.--
       (1) Effective date of amendments to section 207 of the 
     indian land consolidation act.--Except with respect to the 
     notification under section 207(c) (4) and (6) of the Indian 
     Land Consolidation Act (25 U.S.C. 2206(c) (4) and (6)), the 
     amendments made by subsection (a) to section 207 of the 
     Indian Land Consolidation Act (25 U.S.C. 2206) shall become 
     effective on the date that is 2 years after the date of 
     enactment of this Act.
       (2) Applicability.--The amendments made by subsection (a) 
     to section 207 of the Indian Land Consolidation Act shall 
     apply only to the estates of decedents that die on or after 
     the date specified in paragraph (1).

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 1587. A bill to amend the American Indian Trust Fund Management 
Reform Act of 1994 to establish within the Department of the Interior 
an Office of Special Trustee for Data Cleanup and Internal Control; to 
the Committee on Indian Affairs.


   Creation of Special Trustee for Data Cleanup and Internal Control

  Mr. CAMPBELL. Mr. President, as many of my colleagues are aware, the 
American Indian Trust Management Reform Act of 1994 established the 
Office of Special Trustee within the Department of Interior. Many 
believe that the reform efforts initiated by the Act were dealt a 
serious set-back when the person confirmed by the Senate for this 
position resigned in response to the Secretary's effort to re-organize 
the Office of the Special Trustee without notifying the Special 
Trustee, the Congress, the Advisory Commission established by the 1994 
Act, affected Indian tribes, or Indian account holders.
  A number of concerns have been raised by the absence of a Special 
Trustee appointed and confirmed in a manner consistent with the Act. 
Perhaps the most important concern raised in hearings on the trust fund 
crisis is the absence of a responsible official with either the 
independence or the appearance of independence of an appointed Special 
Trustee. The Act was designed to allow the Special Trustee to act and 
advise Congress in an independent manner. For example, the Act required 
the Special Trustee to certify in writing of the adequacy of the budget 
requests for those entities responsible for discharging the Secretary's 
trust responsibility.
  In light of the federal government's dismal history of its management 
of trust funds, it is not surprising that Indian tribes and Indian 
account holders are concerned that the same institutions that produced 
this crisis are in complete control of the efforts to reform it. In 
addition, trust management experts have testified before joint hearings 
of the Indian Affairs and the Energy and Natural Resources Committees 
that it is simply naive to assume that comprehensive rethinking and 
reform will be carried out by the very institutions that are in 
desperate need of reform.
  In an effort to regain the independence needed to assure individual 
and tribal account holders, the legislation I introduce today will 
establish the position of Special Trustee for Data Cleanup and Internal 
Control. Under this legislation, the person holding this position will 
be appointed by the Inspector General of the Department of Interior to 
ensure that the incumbent is not beholden to the entities responsible 
for developing or implementing the Administration's High Level 
Implementation Plan. This bill would allow the Secretary to remove the 
incumbent only for good cause.
  Under this bill, the Special Trustee for Data Cleanup and Internal 
Control is directed to contract out for the matters under his or her 
control and to retain temporary employees to the greatest extent 
feasible. This will ensure those cleaning up the system and designing 
internal controls will not be subject to the criticism that they might 
be tempted to gloss over past mistakes or develop internal controls 
that can easily be fulfilled.
  Mr. President I ask unanimous consent that a copy of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1587

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

     SECTION 1. FINDINGS.

       Congress makes the following findings:
       (1) Numerous studies by the Office of the Inspector General 
     of the Department of the Interior, the General Accounting 
     Office, and independent auditors have criticized the absence 
     of independent oversight or other forms of internal control 
     over the Department's management of Indian trust assets and 
     trust funds.
       (2) Indian and tribal account holders have indicated that 
     they will have little or no confidence in the reform of the 
     trust management system if the reform is carried out by the 
     same entities that are responsible for the management of the 
     system on the date of enactment of this Act.
       (3) It would constitute an inherent conflict of interest or 
     at least the appearance of a conflict of interest if the 
     entity establishing internal controls for a trust management 
     system were to be appointed, supervised, and subject to 
     removal by the entity that such internal controls are written 
     for.

[[Page 21642]]

       (4) Account holder confidence will be improved if the same 
     official is not simultaneously responsible for the immediate 
     supervision of the fiduciary and financial reporting 
     activities of both the trust fund accounting system and the 
     trust asset and accounting management system.
       (5) To the extent practicable, the reform of activities and 
     creation of internal controls as described in the Department 
     of the Interior's Trust Management Improvement Project, High 
     Level Implementation Plan dated July 1998, and any amendments 
     or modifications to that plan, should be carried out by 
     private contractors.

     SEC. 2. SPECIAL TRUSTEE FOR DATA CLEANUP AND INTERNAL 
                   CONTROL.

       The American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.) is amended--
       (1) by redesignating title IV as title V;
       (2) by redesignating section 401 as section 501; and
       (3) by inserting after title III, the following:

                  ``TITLE IV--MISCELLANEOUS PROVISIONS

     ``SEC. 401. SPECIAL TRUSTEE FOR DATA CLEANUP AND INTERNAL 
                   CONTROL.

       ``(a) Establishment.--There is hereby established within 
     the Department of Interior the Office of Special Trustee for 
     Data Cleanup and Internal Control. The Office shall be headed 
     by the Special Trustee for Data Cleanup and Internal Control 
     (referred to in this section as the `Special Trustee') who 
     shall report directly to the Secretary.
       ``(b) Special Trustee.--
       ``(1) Appointment.--The Special Trustee shall be appointed 
     by the Inspector General of the Department of the Interior 
     from among individuals who possess demonstrated ability in 
     the--
       ``(A) development and implementation of internal controls;
       ``(B) development and implementation of trust management 
     procedures; and
       ``(C) conversion or rehabilitation of trust management 
     systems.
       ``(2) Compensation.--The Special Trustee shall be paid at a 
     rate determined by the Secretary to be appropriate for the 
     position, but not less than the basic pay payable at Level 
     III of the Executive Schedule under Section 5313 of Title 5.
       ``(3) Term of office.--The Special Trustee shall serve for 
     a term of 2 years and may only be removed for good cause by 
     the Secretary.
       ``(c) Duties.--
       ``(1) In general.--Notwithstanding title III, the Special 
     Trustee shall oversee the following subprojects as identified 
     in the Draft Trust Management Improvement Project Subproject 
     Task Updates, dated April 1999:
       ``(A) Subproject #1, OST Data Cleanup.
       ``(B) Subproject #5, Trust Funds Accounting System.
       ``(C) Subproject #9, Policies and Procedures.
       ``(D) Subproject #10, Training.
       ``(E) Subproject #11, Internal Controls.
       ``(2) Oversight.--The Special Trustee shall oversee the 
     expenditure of funds appropriated by Congress for each of the 
     subprojects described in paragraph (1), including the 
     approval or modification of contracts, and make employment 
     decisions for each of the positions funded for each of such 
     projects.
       ``(3) Contracting.--To the maximum extent practicable, the 
     Special Trustee shall ensure that activities are carried out 
     under this subsection through contracts entered into with 
     private entities or through the retention of the temporary 
     services of trust management specialists.
       ``(d) Modification of Implementation Plan.--To the extent 
     that the activities to be carried out under subsection (c) 
     are altered our amended as a result of any modification made 
     after the date of enactment of this Act to the Department of 
     the Interior's Trust Management Improvement Project, High 
     Level Implementation Plan (dated July 1998), the Special 
     Trustee shall continue to be responsible for overseeing such 
     activities.''.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 1588. A bill to authorize the awarding of grants to Indian tribes 
and tribal organizations, and to facilitate the recruitment of 
temporary employees to improve Native American participation in and 
assist in the conduct of the 2000 decennial census of population, and 
for other purposes; to the Committee on Indian Affairs.


      native american census participation enhancement act of 1999

  Mr. CAMPBELL. Mr. President, today I am pleased to introduce the 
Native American Census Participation Enhancement Act of 1999.
  Like all past censuses, the 2000 Decennial Census will play a vital 
role in American society. By counting the population of the United 
States, the decennial census serves as the statistical basis for 
distributing federal funds, redistricting for political representation, 
and planning for future infrastructure development.
  Participating in this ritual every ten years is important for all 
Americans. But for Native Americans, this Federal tally is perhaps even 
more important.
  As we all know, Native Americans have been under-represented in past 
census counts. The most recent census, conducted in 1990, was extremely 
inaccurate in its count of American Indians and Alaskan Natives who 
were living in rural reservation areas.
  The effects of undercounting American Indians and Alaskan Natives 
have real consequences for Native communities.
  An undercount of Native Americans skews population statistics which 
are used to allocate and distribute federal funds and services to 
tribes. For example, funds made available under the Federal Welfare-to-
Work Grant program and Community Development Block Grants (CDBG) are 
both determined by reference to census statistics.
  These key programs offer millions of dollars in Federal assistance to 
help low-income Americans make the transition from welfare to work and 
to build healthier and more productive communities.
  This direct correlation between an accurate census and whether or not 
Native communities will be treated fairly and more than that, whether 
they will be given the tools they need to strengthen their economies, 
is the reason for the bill I am introducing today.
  There has been a lot of debate about the 2000 Census and whether the 
count can be more accurately done through statistical sampling or other 
methods.
  In my opinion, article I of our Constitution is clear in requiring 
that ``an actual enumeration'' be taken of the population every ten 
years.
  As chairman of the Committee on Indian Affairs I have an obligation 
to see to it that Native Americans are treated fairly. At the same time 
I believe that Natives themselves bear a measure of responsibility for 
their destinies.
  Just as the Census Bureau and the United States have a legal 
obligation to conduct an actual count, American Indians and Alaska 
Natives have a responsibility to answer the census and ensure that they 
are represented in the final tally.
  This Congress and our nation can rightly demand that the United 
States fulfill its obligations to the Constitution and to Native 
Americans and achieve both a fair and complete count of American 
Indians and Alaskan Natives in Census 2000.
  The bill I am introducing today will help ensure that Native 
Americans achieve a higher level of participation in the Census and 
ensure a more accurate count by authorizing the Secretary of Commerce 
to provide grants to Indian tribes and organizations to stimulate 
Native awareness of and participation in the 2000 Census.
  It also provides incentives to help the Secretary and Indian tribes 
to recruit temporary employees and volunteer ``Census Assistants'' to 
work in and with Native communities and encourage Natives to answer the 
census.
  I am hopeful that as the Census Bureau continues to lay the 
groundwork for the 2000 Census, it take into account the unique needs 
of the Native communities and the importance of getting an accurate 
count of all Native Americans.
  Mr. President, I ask unanimous consent that the legislation be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1588

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the Native American Census 
     Participation Enhancement Act of 1999.

     SEC. 2. DEFINITIONS.

       (1) ``2000 census.''--The term ``2000 census'' means the 
     2000 decennial census of population;
       (2) ``Bureau.''--The term ``Bureau'' means the Bureau of 
     the Census.
       (3) ``Indian tribe.''--The term ``Indian tribe'' has the 
     meaning given that term in section 4(e) of the Indian Self 
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)).
       (4) ``Indian lands.''--For purposes of this title, the term 
     ``Indian lands'' shall include lands within the definition of 
     ``Indian country'', as defined in 18 USC 1151; or ``Indian

[[Page 21643]]

     reservations'' as defined in section 3(d) of the Indian 
     Financing Act of 1974, 25 USC 1452(d), or section 4(10) of 
     the Indian Child Welfare Act, 25 USC 1903(10). For purposes 
     of this definition, such section 3(d) of the Indian Financing 
     Act of 1974 shall be applied by treating the term ``former 
     Indian reservations in Oklahoma'' as including only those 
     lands which are within the jurisdictional area of an Oklahoma 
     Indian Tribe (as determined by the Secretary of the Interior) 
     and are recognized by such Secretary as eligible for trust 
     land status under 25 CFR Part 151 (as in effect on the date 
     of enactment of this sentence).
       (5) ``Secretary.''--The term ``Secretary'' means the 
     Secretary of Commerce.
       (6) ``Tribal organization.''--The term ``Tribal 
     organization'' has the meaning given that term by section 4 
     of the Indian Self Determination and Education Assistance Act 
     (25 USC 450b).

     SEC. 3. FINDINGS AND PURPOSES.

       The Congress finds that--
       (1) Article I of the United States Constitution provides 
     that an enumeration be taken of the United States population 
     every 10 years to permit the apportionment of Representatives 
     and for other purposes;
       (2) information collected through the decennial census is 
     used to determine--
       (A) the boundaries of congressional districts within 
     States;
       (B) the boundaries of the districts for the legislature of 
     each State and the boundaries of other political subdivisions 
     within the States;
       (C) the allocation of billions of dollars of Federal and 
     State funds.
       (3) the enumeration of Native Americans has not been 
     accurate and has led to an undercounting of the Native 
     American population living on Indian lands and in rural 
     areas;
       (4) the United States has a legal obligation to conduct an 
     enumeration of the census in all communities in the United 
     States, including Native communities;
       (5) Tribal governments and Native Americans have an 
     obligation to answer the census and ensure they are 
     represented in the census.

              TITLE I--GRANTS TO TRIBES AND ORGANIZATIONS

     SEC. 1. PROGRAM AUTHORIZATION.

       In order to improve Native American participation in the 
     2000 census, the Secretary may, in accordance with the 
     provisions of this Act, provide for grants to be made to 
     Indian tribes and tribal organizations, consistent with the 
     purposes of this Act.

     SEC. 2. APPLICATIONS.

       (a) Applications Required.--Each entity referred to in 
     section 2 that wishes to receive a grant under this Act shall 
     submit an application at such time, in such form, and 
     complete with such information as the Secretary shall by 
     regulation require, except that any such application shall 
     include at least--
       (1) a statement of the objectives for which the grant is 
     sought; and
       (2) a description of the types of programs and activities 
     for which the grant is sought.
       (b) Notice of Approval or Disapproval.--Each entity 
     submitting an application under subsection (a) shall, not 
     later than 60 days after the date of its submission, be 
     notified in writing as to whether such application is 
     approved or disapproved.

     SEC. 3. MATCHING REQUIREMENT.

       (a) In General.--A grant may not be made to an entity under 
     this Act unless such entity agrees, with respect to the costs 
     to be incurred by such entity in carrying out the programs 
     and activities for which the grant is made, to make available 
     non-Federal contributions in an amount equal to not less than 
     50 per cent of the Federal funds provided under the grant.
       (b) Non-Federal Contributions.--An entity receiving a grant 
     under this Act may meet the requirement under subsection (a) 
     through--
       (1) the use of amounts from non-Federal sources; or
       (2) in-kind contributions, fairly evaluated, but only if 
     and to the extent allowable under section 9.

     SEC. 4. ALLOCATION.

       The Secretary shall allocate the amounts appropriated to 
     carry out this Act equitably and in a manner that best 
     achieves the purposes of this Act.

     SEC. 5. USE OF GRANT FUNDS.

       A grant made under this Act may be used only for one or 
     more of the following--
       (1) to train volunteers to assist individuals residing on 
     Indian lands to complete and return census questionnaires;
       (2) to educate Native Americans and the public about the 
     importance of participating in the 2000 census;
       (3) to educate Native Americans and the public about the 
     confidentiality that is accorded to information collected in 
     the 2000 census;
       (4) to recruit candidates to apply for census office and 
     field enumerator positions;
       (5) to sponsor community events to promote the 2000 census;
       (6) to produce community-tailored promotional materials; 
     and
       (7) to rent space to provide any of the training described 
     in this section.

     SEC. 6. REGULATIONS.

       Any regulations to carry out this Act shall be prescribed 
     not later than 60 days after the date of enactment of this 
     Act. The regulations shall include--
       (1) provisions requiring that any application for a grant 
     under this Act be submitted to the appropriate regional 
     center or area office of the Bureau of the Census, as 
     identified under the regulations;
       (2) provisions under which the decision to approve or 
     disapprove any such application shall be made by the head of 
     the appropriate center or office in accordance with 
     guidelines set forth in the regulations.

              TITLE II--RECRUITMENT OF TEMPORARY EMPLOYEES

     SEC. 1. RECRUITING TEMPORARY EMPLOYEES.

       (a) Compensation Shall Not Be Taken Into Account.--Section 
     23 of title 13, United States Code, is amended by adding at 
     the end the following:
       ``(d)(1) As used in this subsection, the term `temporary 
     census position' shall mean a temporary position within the 
     Bureau, established for purposes related to the 2000 census, 
     as determined under regulations which the Secretary shall 
     prescribe.
       ``(2) Notwithstanding any other provision of law, the 
     earning or receipt by an individual of compensation for 
     service performed by such individual in a temporary census 
     position shall not have the effect of causing--
       ``(A) such individual or any other individual to become 
     eligible for any benefits described in paragraph (3)(A); or
       ``(B) a reduction in the amount of any benefits described 
     in paragraph (3)(A) for which such individual or any other 
     individual would otherwise be eligible.
       ``(3) This subsection--
       ``(A) shall apply with respect to benefits provided under 
     any Federal program or under any State, tribal or local 
     program financed in whole or in part with Federal funds;
       ``(B) shall apply only with respect to compensation for 
     service performed during calendar year 2000; and
       ``(C) shall not apply if the individual performing the 
     service involved was first appointed to a temporary census 
     position (whether such individual's then current position or 
     a previous one) before January 1, 2000.''
       (2) Nothing in the amendment made by paragraph (1) shall be 
     considered to apply with respect to Public Law 101-86 or the 
     Internal Revenue Code of 1986.
       (b) Re-employed Annuitants and Former Members of the 
     Uniformed Services.--Public Law 101-86 (13 U.S.C. 23) is 
     amended--
       (1) in section 1(b) and the long title by striking ``the 
     1990 decennial census'' and inserting ``the 2000 decennial 
     census''; and
       (2) in section 4 by striking ``December 31, 1990'' and 
     inserting ``December 31, 2000''.

     SEC. 2. CENSUS ASSISTANTS.

       (a) In General.--Subject to available appropriations, and 
     after consulting with Indian tribes, the Secretary may 
     provide such reasonable and appropriate incentives to 
     facilitate and encourage volunteers to assist in the 
     enumeration of Native Americans.
       (b) Reimbursements.--In his discretion, the Secretary may 
     reimburse volunteers for fuel and mileage expenses; meals and 
     related expenses; and other reasonable and necessary expenses 
     incurred by assistants in the conduct of the Census.
       (c) Debt Relief.--In consultation with the Secretary of the 
     Treasury, the Secretary shall develop and implement a program 
     of undergraduate or graduate debt relief for those Census 
     assistants that have provided significant service in the 
     conduct of the enumeration of the Census.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 1589. A bill to amend the American Indian Trust Fund Management 
Reform Act of 1994; to the Committee on Indian Affairs.


                  indian trust fund management reforms

  Mr. CAMPBELL. Mr. President today I am pleased to introduce the 
American Indian Trust Fund Management Reform Act Amendments of 1999.
  As many of my colleagues are aware, by the early 1990's, it was 
obvious that the Federal Government could not account for many of the 
funds it manages as the trustee to Indian tribes and their members. 
Most of these responsibilities were lodged in the Department of the 
Interior and its Bureau of Indian Affairs.
  Studies by the General Accounting Office revealed that the Department 
and BIA lacked individuals with the knowledge, experience, or expertise 
needed to oversee and coordinate reform efforts. Congress reacted by 
enacting the American Indian Trust Fund Management Reform Act (AITFRA) 
of 1994.
  Responding to criticisms that the Department's reform efforts were 
uncoordinated and piecemeal, Congress called for the appointment of a 
``Special Trustee'' to provide overall management of the reform 
activities. The 1994 Act called for the President to

[[Page 21644]]

nominate and for the Senate to confirm a Special Trustee with 
demonstrated experience in the management of trust funds, including the 
investment and management of large sums of money.
  The 1994 Act did not give the Special Trustee all of the tools he or 
she needed to ensure that the Federal Government would live up to the 
same trust standards imposed on any other trustee. For example, 
although Congress sought to make the Special Trustee ``independent,'' 
he had little recourse when Secretary Bruce Babbitt unilaterally 
reorganized the Office of the Special Trustee for American Indians 
through a Secretarial Order. In fact the Special Trustee resigned 
following the issuance of the Order in January 1999.
  In 1997, the Special Trustee unveiled the Strategic Plan required by 
the 1994 Act. The Secretary declined an invitation by the Indian 
Affairs Committee to appear and explain his opposition to the Plan, 
especially those elements of the Plan that would allow some trust 
management functions to be performed by entities outside the Department 
of Interior.
  Indian Country neither firmly embraced, nor rejected the proposed 
Strategic Plan. Indian Country has expressed strong concerns, and often 
opposition to the Department's own proposal, the High Level 
Implementation Plan.
  In our joint Indian Affairs--Energy and Natural Resources Committee 
hearings, one theme has been repeated over and over: we cannot expect 
the institution that created the problem to design and implement 
comprehensive reforms for that system. It is also necessary to ensure 
that any reform proposal is the result of a broad-based consultation 
with all of the affected entities, especially Indian tribes, 
intertribal entities, and Indian account holders. It is likely that any 
reforms proposed by such a process will require legislative 
implementation.
  The legislation I introduce today satisfies each of these factors. 
First, it does not rely on those responsible for the current situation 
to determine the scope of reform. Second, it establishes a process that 
will give those with the greatest stake in this process a commensurate 
opportunity to develop and propose reforms. It also provides an 
opportunity for all those concerned to participate in this process. 
Finally, this legislation makes it clear that at the conclusion of this 
process, Congress should consider whether legislation is necessary.
  This bill directs the Senate Majority and Minority Leaders, the 
Speaker of the House and Minority Leader, and the Secretary of Interior 
to consult and make appointments that equitably represent those who 
will be the most affected by the management of trust funds. The 
legislation also requires the Commission to consider whether private 
enterprise, a tribal or inter-tribal enterprise, or perhaps a 
government sponsored corporate entity should be part of the 
government's fulfillment of its trust obligation. This same commission 
will determine which federal regulatory agency is best suited to 
regulate the Federal Government's activities as trustee.
  Every financial institution managing and investing the money of the 
citizens of the United States is regulated by some entity, for example 
by the Comptroller of the Currency, or the Federal Reserve Board, or 
the Office of Thrift Supervision. The only exception that I am aware of 
is the federal government when it acts as a trustee to Indians and 
Indian tribes. And by now we can all see the mess that has resulted 
from this lack of regulatory oversight.
  This bill does not mandate the form of organization or entity best 
suited to oversee the Federal Government's activities as trustee. 
Instead, it creates an open and fair process for these issues to be 
decided by those who know the most about how financial institutions and 
their trust Departments are regulated.
  This bill builds upon a proposal made by the Intertribal Monitoring 
Association and represents a starting point for determining how to 
strengthen the 1994 Act.
  This bill is a necessary counterpart to another bill I am introducing 
to amend the Indian Land Consolidation Act of 1983 to address the 
fractionated ownership of Indian lands, one of the primary causes of 
the trust funds crisis. With both measures, it is essential that all 
parties involved--the tribes, individual Indians, the Interior 
Department, and Congress--set out to finally lay the groundwork for 
real trust fund reform. Native Americans deserve no less.
  Mr. President, I ask unanimous consent that a copy of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1589

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Indian Trust Fund 
     Management Reform Act Amendments''.

     SEC. 2. DEFINITIONS.

       Section 2 of the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4001) is amended by adding at 
     the end the following:
       ``(7) The term `Commission' means the Indian Trust Reform 
     Commission established under section 303.''.

     SEC. 3. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS, 
                   INDIAN TRUST REFORM COMMISSION.

       (a) Office of Special Trustee for American Indians.--
       (1) In general.--Section 302 of the American Indian Trust 
     Fund Management Reform Act of 1994 (25 U.S.C. 4042) is 
     amended by striking subsection (c) and inserting the 
     following:
       ``(c) Term of Special Trustee.--The Special Trustee shall 
     serve for a term of 2 years.''.
       (2) Conforming amendment.--Section 306 of the American 
     Indian Trust Fund Management Reform Act (25 U.S.C. 4046) is 
     amended by striking subsection (d).
       (b) Indian Trust Reform Commission.--Section 302 of the 
     American Indian Trust Fund Management Reform Act (25 U.S.C. 
     4042) is amended by adding at the end the following:
       ``(d) Indian Trust Fund Reform Commission.--
       ``(1) Establishment.--There is established the Indian Trust 
     Fund Reform Commission.
       ``(2) Membership.--The Commission shall be composed of the 
     following members:
       ``(A) One member appointed by the Majority Leader of the 
     Senate.
       ``(B) One member appointed by the Minority Leader of the 
     Senate.
       ``(C) One member appointed by the Speaker of the House of 
     Representatives.
       ``(D) One member appointed by the Minority Leader of the 
     House of Representatives.
       ``(E) One member appointed by the Secretary of the 
     Interior.
       ``(3) Consultation.--Before making an appointment under 
     paragraph (2), each individual referred to in subparagraphs 
     (A) through (D) shall consult with each other individual 
     referred to in those subparagraphs to achieve, to the maximum 
     extent practicable, fair and equitable representation of 
     different interests, with resect to the matters to be studied 
     by the commission, including the interests of Indian tribes, 
     appropriate intertribal organizations, and individual Indian 
     account holders.
       ``(4) Qualifications of members.--
       ``(A) In general.--Each individual appointed as a member 
     under paragraph (2) shall--
       ``(i) have legal, accounting, regulatory, or administrative 
     experience with respect to trust assets and accounts or 
     comparable experience in tribal government; or
       ``(ii) at the time of the appointment, be an individual who 
     is serving as a member of the advisory board established 
     under section 306(a).
       ``(B) Concurrent membership.--A member of the advisory 
     board referred to in subparagraph (A)(ii) may serve 
     concurrently as a member of the Commission.
       ``(5) Chairperson.--Not later than the date on which a 
     majority of the members of the Commission have been appointed 
     (but not later than 75 days after the date of enactment of 
     this subsection) a chairperson of the Commission shall be 
     selected a consensus or majority decision made by the 
     Secretary of the Interior, the Speaker of the House of 
     Representatives, and the Majority Leader of the Senate.
       ``(6) Initial appointments; period of appointment; and 
     vacancies.--
       ``(A) Initial appointments.--The initial appointment of the 
     members of the Commission shall be made not later than 60 
     days after the date of enactment of this subsection.
       ``(B) Period of appointment.--Members shall be appointed 
     for the life of the Commission.
       ``(C) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner as 
     the original appointment, but not later than 60 days after 
     the date on which the vacancy occurs.

[[Page 21645]]

       ``(7) Initial meeting.--Not later than 30 days after the 
     date on which a majority of the members of the Commission 
     have been appointed, the Commission shall hold its first 
     meeting.
       ``(8) Meetings.--The Commission shall meet at the call of 
     the Chairman.
       ``(9) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       ``(10) Duties of the commission.--The Commission shall 
     carry out the duties of the Commission specified in section 
     303(a).
       ``(11) Powers of the commission.--
       ``(A) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out the duties of the Commission under this Act.
       ``(B) Information from federal agencies.--The Commission 
     may secure directly from any Federal department or agency 
     such information as the Commission considers necessary to 
     carry out the duties of the Commission under this subsection. 
     Upon request of the Chairman of the Commission, the head of 
     such department or agency shall furnish such information to 
     the Commission.
       ``(12)  Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       ``(13) Gifts.--The Commission may accept, use, and dispose 
     of gifts or donations of services or property.
       ``(14) Commission personnel matters.--
       ``(A) Compensation of members.--Each member of the 
     Commission who is not an officer or employee of the Federal 
     Government shall be compensated at a rate equal to the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code, for each day (including travel 
     time) during which such member is engaged in the performance 
     of the duties of the Commission. All members of the 
     Commission who are officers or employees of the United States 
     shall serve without compensation in addition to that received 
     for their services as officers or employees of the United 
     States.
       ``(B) Travel expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       ``(15) Staff.--
       ``(A) In general.--The Chairman may, without regard to the 
     civil service laws and regulations, appoint and terminate an 
     executive director and such other additional personnel as may 
     be necessary to enable the Commission to perform its duties. 
     The employment of an executive director shall be subject to 
     confirmation by the Commission.
       ``(B) Compensation.--The Chairman may fix the compensation 
     of the executive director and other personnel without regard 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of title 5, United States Code, relating to classification 
     of positions and General Schedule pay rates, except that the 
     rate of pay for the executive director and other personnel 
     may not exceed the rate payable for level V of the Executive 
     Schedule under section 5316 of such title.
       ``(C) Detail of government employees.--Any Federal 
     Government employee may be detailed to the Board without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       ``(D) Procurement of temporary and intermittent services.--
     The Chairman may procure temporary and intermittent services 
     under section 3109(b) of title 5, United States Code, at 
     rates for individuals which do not exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of such 
     title.''.

     SEC. 4. REINVENTION STRATEGY.

       Section 303 of the American Indian Trust Fund Management 
     Act of 1994 (25 U.S.C. 4043) is amended by striking 
     subsection (a) and inserting the following:
       ``(a) In General.--
       ``(1) Reinvention strategy.--
       ``(A) In general.--Not later than 180 days after a majority 
     of the members of the Commission have been appointed, the 
     Commission, in consultation with Indian tribes and 
     appropriate Indian organizations, shall prepare for 
     submission to the individuals and entities specified in 
     subparagraph (C) in accordance with subparagraph (B) a 
     recommended reinvention strategy for all phases of the trust 
     management business cycle that ensures the proper and 
     efficient discharge of the trust responsibility of the 
     Federal Government to Indian tribes and individual Indians in 
     compliance with this title.
       ``(B) Adoption.--Not later than 90 days after the date 
     specified in subparagraph (A), the Commission shall--
       ``(i)(I) meet to consider the reinvention strategy 
     developed under subparagraph (A); and
       ``(II)(aa) take a vote concerning the adoption of the 
     reinvention strategy for recommendation to the individuals 
     and entities specified in subparagraph (C), and adopt for 
     recommendation the reinvention strategy if it is approved by 
     a majority vote; or
       ``(bb) modify the reinvention strategy, and if the modified 
     reinvention strategy is approved by a majority vote, adopt 
     the modified reinvention strategy for recommendation to the 
     individuals and entities specified in subparagraph (C); and
       ``(ii) submit a recommended reinvention strategy to the 
     individuals and entities specified in subparagraph (C).
       ``(C) Individuals and entities.--The individuals and 
     entities referred to in subparagraphs (A) and (B) are as 
     follows:
       ``(i) The advisory commission established under section 
     306(a).
       ``(ii) The Secretary.
       ``(iii) The Committee on Resources of the House of 
     Representatives.
       ``(iv) The Committee on Indian Affairs of the Senate.
       ``(2) Reinvention strategy requirements.--
       ``(A) In general.--In preparing the reinvention strategy 
     under this subsection, the Commission shall explicitly 
     consider and include in the report to the individuals and 
     entities described in paragraph (1)(C) findings concerning 
     the following options for fulfilling the obligations of the 
     Federal Government (including the trust obligations of the 
     Federal Government) to Indian tribes and individual Indian 
     account holders:
       ``(i) The creation of a Government-sponsored enterprise or 
     a federally chartered corporation to undertake some or all of 
     the management, accounting, or other parts of the trust 
     management business cycle.
       ``(ii) The use of existing or expanded authority under the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.) to undertake some or all of the 
     management, accounting, or other parts of the trust 
     management business cycle.
       ``(iii) Requiring the Secretary to contract directly with 
     private sector entities (including banks and other private 
     institutions) to undertake some or all of the management, 
     accounting, or other parts of the trust management business 
     cycle.
       ``(iv) Any combination of the options described in clauses 
     (i) through (iii) that the Commission considers to be 
     appropriate.
       ``(B) Additional requirements.--In addition to meeting the 
     requirements under subparagraph (A), the reinvention strategy 
     shall--
       ``(i) identify all reforms to the policies, procedures, 
     practices, and systems of the Department (including systems 
     of the Bureau, the Bureau of Land Management, and the 
     Minerals Management Service) that are necessary to ensure the 
     proper and efficient discharge of the trust responsibilities 
     of the Secretary in compliance with this Act;
       ``(ii) include provisions to--

       ``(I) provide opportunities to Indian tribes to assist in 
     the management of their trust accounts; and
       ``(II) identify for the Secretary options for the 
     investment of the trust accounts of Indian tribes in a manner 
     consistent with the trust responsibilities of the Secretary 
     in compliance with this Act in such manner as to ensure the 
     promotion of economic development in the communities of 
     Indian tribes; and

       ``(iii) include recommendations concerning whether the 
     position of Special Trustee should be continued or made 
     permanent.
       ``(3) Regulatory entity.--
       ``(A) In general.--Not later than 90 days after approving a 
     reinvention strategy under paragraph (1), the Commission 
     shall recommend to Congress the Federal agency that should be 
     responsible for regulating the trust management activities of 
     the Federal Government, with respect to funds held in trust 
     under this Act, and submit such recommendations for 
     legislation to implement the reinvention strategy as the 
     Commission considers to be appropriate.
       ``(B) Criteria for recommending regulatory entity.--In 
     determining which regulatory entity to recommend under 
     subparagraph (A), the Commission shall consider--
       ``(i) the provisions of the recommended reinvention 
     strategy approved under paragraph (1); and
       ``(ii) the similarity of the recommended reinvention 
     strategy approved under paragraph (1) and the functions and 
     activities of an entity regulated by--

       ``(I) the Office of the Comptroller of the Currency;
       ``(II) the Board of Governors of the Federal Reserve 
     System;
       ``(III) the Office of Federal Housing Enterprise Oversight;
       ``(IV) the Federal Trade Commission;
       ``(V) the Office of Thrift Supervision; or
       ``(VI) any other Federal agency charged with the 
     responsibility of regulating public or private entities that 
     invest or manage financial resources.''.

                                 ______
                                 
      By Mr. CRAPO:
  S. 1590. A bill to amend title 49, United States Code, to modify the 
authority of the Surface Transportation Board, and for other purposes; 
to the Committee on Environment and Public Works.

[[Page 21646]]




              surface transportation board improvement act

  Mr. CRAPO. Mr. President, today I am introducing a very important 
piece of legislation, the Surface Transportation Board Improvement Act, 
which is aimed at correcting an injustice for railroad workers, 
shippers and anyone who have a contractual relationship with a 
railroad. Basically, my bill would end the onerous procedure of the 
Surface Transportation Board to override, modify, or cancel collective 
bargaining agreements between railroads and their employees. Collective 
bargaining agreements go to the very essence of the labor relations 
process. They are the result of hard-fought deliberations between labor 
and management, and of a give-and-take process which often results in 
no winners or losers. While the process is not perfect, collective 
bargaining agreements do not come lightly and they should be honored--
not subject to change by a federal agency.
  In 1920, Congress determined that railroad mergers and consolidations 
should be subject to exclusive federal jurisdiction through the 
Interstate Commerce Commission (ICC). To effect that intent, Congress 
gave an exemption from antitrust laws, other federal laws, State and 
municipal laws to railroads participating in a transaction approved by 
the ICC. However, what was good policy in 1920 no longer works today 
because the language used to effect that policy is too broad giving 
rise to unfair application.
  Unfortunately, the exemption provisions of the Interstate Commerce 
Act have been extended beyond the limited area of removing inconsistent 
State and municipal regulations governing railroad mergers and 
consolidations. Instead, they now are used to override contracts 
between railroads and their employees and railroads and other parties, 
such as shippers. Since 1983, the ICC and its successor the Surface 
Transportation Board (STB) have used the exemption to override, modify, 
or cancel collective bargaining agreements between railroads and their 
employees. The Board has not confined these overrides, while 
unacceptable under any circumstances, to the period surrounding the ICC 
or STB approval of a transaction. If fact, the exemption has been used 
to modify and cancel collective bargaining agreements more than thirty 
years after the initial approval of the railroad consolidation. 
Recently, the STB has used the same exemption provisions to override 
contracts between shippers and railroads. This wide ranging power in a 
federal agency is unprecedented and needs to be remedied.
  What we need is a balance. Contracts freely entered should be 
considered inviolate and subject to governmental intrusion in only the 
most important and rare circumstances. A railroad merger does not reach 
that level of importance. No one can show a legitimate present need to 
treat railroads any differently from other modes of transportation when 
it comes to their honoring contractual commitments. My bill restores a 
balance that existed between 1920 and 1983 by making it clear that the 
federal interest in regulating rail mergers and consolidations does not 
extend to upsetting settled contractual relationships between the 
regulated party, the railroads, and others.
  The specific remedies provided by this bill are straightforward. 
First, the exemption is limited to inconsistent State and municipal 
regulations of rail mergers and consolidations. That was a primary goal 
of Congress in 1920 and is preserved here. The antitrust exemption is 
lifted because in this era of mega-rail carriers, there is no reason 
future railroad mergers and consolidations should not be treated the 
same as mergers and consolidations in other modes of transportation. 
Congress gave the antitrust exemption to the railroad industry in 1920 
following a period of governmental control triggered, in part, because 
of the rail industry's general economic instability. In 1920, the 
federal governmental interest supported rail mergers because they 
seemed the key to a stable mode of transportation in an essential 
sector of the economy. Given the general economic health of the Class I 
rail carriers coupled with the recent round of mergers/acquisitions in 
both West and East, no one can honestly claim further railroad 
consolidation is necessarily in the public interest.
  Second, my bill ends the STB's foray into labor relations. From the 
date of enactment, all future transactions involving the merger of work 
forces proposed by rail carriers under employee protective conditions 
previously imposed by the ICC or STB will be resolved under the dispute 
resolution procedures provided in the Railway Labor Act (RLA). The RLA 
has governed railroad labor relations since 1926 (and airlines since 
1935). Congress has not amended the Act significantly since 1966 when 
Congress provided the means to expedite resolution of ``minor 
disputes'' in the industry. The manner of negotiating a change in 
collective bargaining agreements has been in place since 1926. While 
some may disagree with parts of the RLA dispute resolution process, it 
works and has worked for seventy-three years. My bill places resolution 
of force integration disputes in merger cases back into the same 
collective bargaining processes that govern all other changes in 
railroad labor relations.
  Federal labor policy with respect to collective bargaining, as 
established under the RLA, is that private agreements are reached and 
amended by the parties without governmental compulsion. That policy 
provides a process whereby labor and management can voluntarily resolve 
differences and enter into contracts, and rejects the notion that the 
government should micro-manage the substantive terms of collective 
bargaining agreements.
  In defiance of this policy, the STB, which has no experience or 
authority in collective bargaining, has routinely broken or modified 
privately negotiated employee contracts in the approval of mergers or 
other transactions. My bill bars the STB from making wholesale changes 
to or abrogating privately negotiated collective bargaining agreements. 
It is fair public policy that contracts should be saved and changed 
only when the parties sit down and agree to new terms in a fair 
collective bargaining setting.
  Mr. President, I urge all Senators to join me in support of this 
important legislation. 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. 1590

       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 ``Surface Transportation Board 
     Improvement Act of 1999''.

     SEC. 2. SCOPE OF AUTHORITY; EMPLOYEE PROTECTIVE ARRANGEMENTS.

       (a) Scope of Authority.--Section 11321 of title 49, United 
     States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a)(1) The authority of the Board under this subchapter 
     is exclusive. A rail carrier or corporation participating in 
     or resulting from a transaction approved by or exempted by 
     the Board under this subchapter may carry out the 
     transaction, own, and operate property, and exercise control 
     or franchises acquired through the transaction without the 
     approval of a State authority.
       ``(2) Subject to paragraph (3), a rail carrier, 
     corporation, or person participating in an approved or 
     exempted transaction described in paragraph (1) is exempt 
     from State and municipal laws to the extent that the laws 
     regulate combinations, mergers, or consolidations of rail 
     carriers, as necessary to permit that rail carrier, 
     corporation, or person to--
       ``(A) carry out the transaction; and
       ``(B) hold, maintain, and operate property, and exercise 
     control or franchises acquired through the transaction.
       ``(3)(A) If a purchase and sale, a lease, or a corporate 
     consolidation or merger is involved in a transaction 
     described in paragraph (1), the carrier, or corporation may 
     carry out the transaction only with the assent of a majority, 
     or the number required under applicable State law, of the 
     votes of the holders of the capital stock of that corporation 
     entitled to vote.
       ``(B) To meet the requirements of this paragraph--
       ``(i) a vote referred to in subparagraph (A) shall occur at 
     a regular meeting, or special meeting called for that 
     purpose, of the stockholders referred to in that 
     subparagraph; and
       ``(ii) the notice of the meeting shall indicate its 
     purpose.''; and

[[Page 21647]]

       (2) by adding at the end the following:
       ``(c) The Board shall not, under any circumstances, have 
     the authority under this subchapter to--
       ``(1) break, modify, alter, override, or abrogate, in whole 
     or in part, any provision of any collective bargaining 
     agreement or implementing agreement made between the rail 
     carrier and an authorized representative of the employees of 
     the rail carrier under the Railway Labor Act (45 U.S.C. 151 
     et seq.); or
       ``(2) provide the authority described in paragraph (1) to 
     any other person, carrier or corporation.''.
       (b) Employee Protective Arrangements.--Section 11326 of 
     title 49, United States Code, is amended by striking 
     subsection (a) and inserting the following:
       ``(a)(1) Except as otherwise provided in this section, when 
     approval is sought for a transaction under sections 11324 and 
     11325, the Board shall require the rail carrier to provide a 
     fair arrangement at least as protective of the interests of 
     employees who are affected by the transaction as the terms 
     imposed under section 11347 of this title, as in effect on 
     the day before December 29, 1995.
       ``(2) The arrangement and the order approving a transaction 
     referred to in paragraph (1) shall be subject to the 
     following conditions:
       ``(A) The employees of the affected rail carrier shall not 
     be in a worse position related to their employment as a 
     result of the transaction during the 6-year period beginning 
     on the date on which the employee is adversely affected by an 
     action taken by the affected rail carrier as a result of the 
     transaction (or if an employee was employed for a lesser 
     period of time by the rail carrier before the action became 
     effective, for that lesser period).
       ``(B)(i) The rail carrier and the authorized 
     representatives of the rail carrier's employees shall 
     negotiate under the Railway Labor Act any arrangement 
     regarding the selection of forces or assignment of employees 
     caused by the Board's order of approval under sections 11324 
     or 11325.
       ``(ii) Arbitration of the proposed arrangement may only 
     occur if both parties agree to that process.
       ``(iii) The Board shall not intervene in the negotiations 
     or arbitration under this subparagraph unless requested to do 
     so by both parties involved.
       ``(iv) The Board shall not, under any circumstances, have 
     the authority under this subchapter to--
       ``(I) break, modify, alter, override, or abrogate, in whole 
     or in part, any provision in any collective bargaining 
     agreements or implementing agreements made between the rail 
     carrier and an authorized representative of its employees 
     under the Railway Labor Act; or
       ``(II) provide the authority described in subclause (I) to 
     any other person, carrier, or corporation.
       ``(3) Beginning on the date of the enactment of the Surface 
     Transportation Board Improvement Act of 1999, this subsection 
     shall apply to any transaction proposed by a rail carrier 
     under conditions previously imposed by the former Interstate 
     Commerce Commission or the Surface Transportation Board 
     under--
       ``(A) section 5(2)(f) of the Interstate Commerce Commission 
     Act before October 1, 1978;
       ``(B) section 11347 of this title, before December 29, 
     1995; or
       ``(C) this section.''.
                                 ______
                                 
      By Mr. MURKOWSKI (for himself and Mr. Schumer):
  S. 1591. A bill to further amend section 8 of the Puerto Rico Federal 
Relations Act as amended by section 606 of the Act of March 12 (P.L. 
96-205), authorizing appropriations for certain insular areas of the 
United States, and for other purposes; to the Committee on Energy and 
Natural Resources.


              PUERTO RICO FEDERAL RELATIONS ACT AMENDMENTS

  Mr. MURKOWSKI. Mr. President, this morning I had an opportunity to 
meet with the Governor of Puerto Rico, the Honorable Pedro Rosello. The 
purpose was to discuss a variety of issues affecting our relationship 
with Puerto Rico. The Committee on Energy and Natural Resources, which 
I chair, has the responsibility for the territories and the freely 
associated States of the United States, of which Puerto Rico is one. 
That responsibility derives from the plenary authority of the Federal 
Government over the territories, which is placed in the Congress under 
article IV of the Constitution.
  I take that responsibility very seriously. My State was a territory 
until 1959. I truly remember the days when my State was totally 
dependent on the goodwill of the Congress. Sometimes that goodwill was 
somewhat lacking. We were American citizens. We did not enjoy the right 
to vote. We had no representation in Congress. We were subject to 
Federal income tax. Some Alaskans thought they would feel good about 
filing under protest and would write that across their income tax 
return, but that is about the extent of the satisfaction they got. In 
any event, I do have a certain sensitivity for the American people of 
Puerto Rico.
  I think it is fair to remind my colleagues that Congress is vested 
with the power to admit States and the power to dispose of the 
territory status of those areas within the United States. This is one 
of the fundamental authorities that affect the nature of our society 
and the nature of our Government. Thirty-seven times we have acted to 
admit new States to the Union. Once we acted to grant independence. In 
the interim, we have governed areas that expanded this Nation from 
Thirteen Original Colonies to a country that stretches from the Virgin 
Islands to Guam, the Northern Mariana Islands, and from Maine to Alaska 
to American Samoa in the South Pacific. We have tried, perhaps not 
always successfully, to be responsive to the needs and aspirations of 
the residents of the territories.
  Coming from a former territory, I understand the unhappiness of 
living in territorial status subject to decisions made in Washington. 
As a consequence, I try to be fair and sensitive and sympathetic to the 
aspirations and concerns of the people of Puerto Rico, the American 
people of Puerto Rico, and whether a continuing quest for self-
determination, which I happen to believe is appropriate and an 
obligation of this Congress, is something that is still unresolved with 
regard to the Americans and the people of Puerto Rico.
  Perhaps a little history might be helpful on this. Referring to my 
own State, we were purchased for $7.2 million in 1867 from Russia with 
citizenship except for the ``uncivilized native tribes.'' Full 
citizenship to all residents was not enacted until 1915. Alaska was 
then subject to military government for 17 years. When we requested an 
extension of the homestead laws in order to settle a territory, our 
requests were then ignored by Washington. The Organic Act of 1884 
provided for civil government and an appointed Governor but did not 
provide for either a legislative assembly or a delegate to Congress. 
However, in 1906, 39 years after acquisition, we were finally granted a 
nonvoting delegate to Congress in the House of Representatives. In 
1912, an Organic Act provided for a local legislature with limited 
authority subject to veto by an appointed Governor to the State of 
Alaska, appointed by the President with the oversight of Congress.
  In some respects Puerto Rico obtained greater local self-government 
faster than we did in Alaska. In 1950, Puerto Rico had an elective 
Governor and Constitution while Alaska was still subject to appointed 
officials. While we now have an elected Governor and Statehood, we are 
still subject to appointed officials, some of whom appear to think that 
Statehood and federalism are arcane and outdated concepts--impediments 
to the achievement of their particular concept of public good.
  Mr. President, if that level of insensitivity to the needs and 
aspirations of local residents and the wishes of elected officials 
occurs in a State, you can imagine how the residents of a territory 
feel. That brings me to the subject of this legislation I introduced 
today.
  Vieques is a 33,000 acre island off the east coast of Puerto Rico, 
approximately 22 miles long by 6 miles wide. The federal government 
acquired \2/3\ of the island in 1941. The population of 9,400 resides 
in the west central area of the island, sandwiched between two military 
areas. The western portion of the island is used as a Navy Supply Depot 
with 102 magazines. The eastern portion contains a maneuvering area for 
amphibious/land training and a Live Impact Area that is part of the 
Atlantic Fleet Weapons Training Facility.
  Vieques is the only target range in the U.S. where aircrews drop live 
ordnance from tactical altitudes, above 18,000 feet. The facility also 
supports shore bombardment training with live ordnance. Although the 
civilian population resides about 8 miles from the Live Impact Area, 
relations have been

[[Page 21648]]

tense for some time, as you might expect if your community was the 
recipient of regularly scheduled live exercises with live ammunition. 
You would keep one eye open at night.
  It finally happened on April 19, 1999. An F/A-18 from the JFK 
Battlegroup participating in live fire training as part of deployment 
preparations dropped two 500 pound bombs near an observation post 
within the Live Fire Impact area. A civilian contract security guard 
was unfortunately killed and four other personnel received minor 
injuries. While this is the only fatality to have occurred over the 
past sixty years, there have been several minor incidents within the 
Live Fire Impact area. The guard, David Sanes Rodriguez, was 35 and one 
of 17 siblings who grew up in the La Mina sector of Vieques.
  Mr. President, you have heard me complain any number of times about 
the abuse that my constituents must endure from disinterred federal 
bureaucracy. We are denied the ability to develop our resources. We 
cannot obtain rights-of-way to connect our towns and villages. We 
cannot connect by road, by rail, or by wire. I will not go through how 
many of my constituents have died because we cannot obtain a simple 
right-of-way through a few miles of a wildlife refuge so they can 
obtain emergency medical treatment. This is the case in my State. At 
least the federal government is not dropping live ordnance on my 
constituents.
  I fully understand the reasons why the Governor and virtually 
everyone in Puerto Rico has called for an end to the use of Vieques as 
a target range. I also understand that this would not happen if Puerto 
Rico were not a territory. I fully support the need for our armed 
services to train, deploy, and test weapons. But there are certain 
things you simply don't do in an inhabited area. I deeply regret that 
it took an accident to highlight this situation, but that is the case.
  For that reason, legislation I have introduced will amend the Puerto 
Rico Federal Relations Act to transfer control over Vieques to the 
government of Puerto Rico for public purposes. The term ``public 
purpose'' is very broad and will include the same public benefit uses 
that we authorized for lands transferred to Guam several years ago.
  Finally, the day may come when Congress no longer exercises plenary 
authority over Puerto Rico but the Puerto Rican people will have 
determined their self-determination. Until that time, all of us have a 
responsibility to respond to the needs of our fellow citizens who 
reside there and in the other territories, as well as our own 
constituents. I hope my colleagues would join me in this amendment.
  I see no other Senators seeking recognition, so I yield the floor.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Kennedy):
  S. 1592. A bill to amend the Nicaraguan Adjustment and Central 
American Relief Act to provide to certain nationals of El Salvador, 
Guatemala, Honduras, and Haiti an opportunity to apply for adjustment 
of status under that Act, and for other purposes; to the Committee on 
the Judiciary.

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