[Congressional Record (Bound Edition), Volume 149 (2003), Part 4]
[Senate]
[Pages 5302-5334]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BUNNING:
  S. 514. A bill to amend the Internal Revenue Code of 1986 to repeal 
the 1993 income tax increase on Social Security benefits; to the 
Committee on Finance.
  Mr. BUNNING. Mr. President, today I am introducing the Social 
Security Benefits Tax Relief Act of 2003. This is a simple bill that 
would repeal the income tax increase on Social Security benefits that 
went into effect in 1993.
  When the Social Security system was created, beneficiaries did not 
pay Federal income tax on their benefits. However, in 1983, Congress 
passed legislation that changed all this. The 1983 law requires that 50 
percent of Social Security benefits be taxed for seniors whose incomes 
reached a certain level. The revenue this tax generated was then 
credited to the Social Security trust funds. Although I wasn't in 
Congress back in 1983, some argued that these changes were necessary 
because it kept Social Security taxes more in line with taxes on 
private pensions and because it shored up the Social Security system.
  In 1993, President Clinton proposed that 85 percent of Social 
Security benefits be taxable for seniors meeting certain income 
thresholds, and that this additional money be allocated for the 
Medicare Program. Unfortunately, Congress passed this provision as part 
of a larger bill, which President Clinton then signed into law.
  I was a Member of the House of Representatives at this time. I voted 
against this bill and didn't support this provision. This tax is unfair 
to our senior citizens who worked year, after year, after year, paying 
into Social Security, only to be faced with higher taxes once they 
retired.
  The bill I am introducing would repeal the 85 percent tax, and would 
replace the funding that has been going to the Medicare Program with 
general funds. This tax was unfair when it was implemented in 1993, and 
it is unfair today. I hope my Senate colleagues can support this 
legislation to remove this burdensome tax on our seniors.
                                 ______
                                 
      By Mr. BUNNING (for himself, Mrs. Boxer, Mr. Inhofe, Mr. Craig, 
        Mr. Allen, Mr. Nickles, Mr. Burns, Mr. Brownback, Mr. Thomas, 
        Ms. Snowe, Mr. Miller, Mr. Campbell, and Mr. Sessions):
  S. 516. A bill to amend title 49, United States Code, to allow the 
arming of pilots of cargo aircraft, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. BUNNING. Mr. President, I rise today with several of my Senate 
colleagues to introduce the Arming Cargo Pilots Against Terrorism Act. 
This bill closes a loophole to better protect the homeland against 
terrorists.
  As a result of the airplane hijackings on September 11, 2001, 
Congress took the appropriate action to prevent from ever happening 
again the use of an airliner as a missile and weapon of mass 
destruction and murder. Last year, large majorities of the Senate and 
House of Representatives voted to arm both cargo and passenger pilots 
who volunteered for a stringent training proram as part of the homeland 
security bill.
  Arming these pilots served to protect the pilots and aircrew, 
passengers and those on the ground from ever being victims of another 
airline hijacking. It was the right thing to do. However, during 
conference of the homeland security bill the cargo pilots were yanked 
from the bill. This bill we introduce today will arm cargo pilots and 
close the loophole created when they were left out last year.
  It is true that cargo airlines rarely have passengers, but that is no 
reason to disregard and ignore the safety of those cargo pilots and the 
aircrafts they control. Indeed, on occasions they do carry passengers, 
and sometimes they transport couriers and guards of some of the cargo 
being transported. Too many times these couriers and guards are armed 
while the pilots are unarmed. After September 11, that simply does not 
make sense.
  As well, physical security around too many of our air cargo 
facilities and terminals is not up to the standard it should be. This 
lax in security has allowed stowaways a free pass in climbing aboard 
cargo airplanes for a free ride. Just a few months ago a woman in 
Fargo, ND, rushed onto a United Parcel Service plane trying to get to 
California. Fortunately she was caught. I guarantee that many have 
successfully sneaked onto cargo airplanes. And many more will continue 
to try. This is further evidence as to why we need to act to allow 
these cargo pilots to defend themselves and the cockpit.
  Cargo pilots are not armed and they will never have Federal air 
marshals. Cargo planes do not have trained flight attendants or alert 
passengers to fend off hijackers. Cargo planes do not have reinforced 
cockpit doors, and some do not have any doors at all. Cargo areas of 
airports are not as secure as passenger areas, and thousands of 
personnel have access to the aircraft. Finally, stowaways sometimes 
find their way aboard cargo aircraft. And in the future one might be a 
terrorist.
  There are no logical reasons to exclude cargo pilots. Simply saying 
that since they carry no passengers unlike a passenger airliner is not 
a good enough reason. Cargo planes are just as big as--if not bigger 
than--passenger planes. They can carry larger loads of fuel and 
frequently carry hazardous materials, including chemicals and 
biological products. A cargo airplane causes just as much damage when 
used as a weapon as did the passenger planes hijacked on September 11.
  We cannot allow what happened on September 11 to ever happen again. 
This loophole of excluding cargo pilots from being able to protect 
themselves and their aircraft and the public must be removed. This is 
the right thing to do, and I ask my Senate colleagues for their 
support.
  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. 516

       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 ``Arming Cargo Pilots Against 
     Terrorism Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) During the 107th Congress, both the Senate and the 
     House of Representatives overwhelmingly passed measures that 
     would have armed pilots of cargo aircraft.
       (2) Cargo aircraft do not have Federal air marshals, 
     trained cabin crew, or determined passengers to subdue 
     terrorists.
       (3) Cockpit doors on cargo aircraft, if present at all, 
     largely do not meet the security standards required for 
     commercial passenger aircraft.
       (4) Cargo aircraft vary in size and many are larger and 
     carry larger amounts of fuel than the aircraft hijacked on 
     September 11, 2001.
       (5) Aircraft cargo frequently contains hazardous material 
     and can contain deadly biological and chemical agents and 
     quantities of agents that cause communicable diseases.
       (6) Approximately 12,000 of the nation's 90,000 commercial 
     pilots serve as pilots and flight engineers on cargo 
     aircraft.
       (7) There are approximately 2,000 cargo flights per day in 
     the United States, many of which are loaded with fuel for 
     outbound international travel or are inbound from foreign 
     airports not secured by the Transportation Security 
     Administration.
       (8) Aircraft transporting cargo pose a serious risk as 
     potential terrorist targets that could be used as weapons of 
     mass destruction.
       (9) Pilots of cargo aircraft deserve the same ability to 
     protect themselves and the aircraft they pilot as other 
     commercial airline pilots.

[[Page 5303]]

       (10) Permitting pilots of cargo aircraft to carry firearms 
     creates an important last line of defense against a terrorist 
     effort to commandeer a cargo aircraft.
       (b) Sense of Congress.--It is the sense of Congress that a 
     member of a flight deck crew of a cargo aircraft should be 
     armed with a firearm to defend the cargo aircraft against an 
     attack by terrorists that could result in the use of the 
     aircraft as a weapon of mass destruction or for other 
     terrorist purposes.

     SEC. 3. ARMING CARGO PILOTS AGAINST TERRORISM.

       Section 44921 of title 49, United States Code, is amended--
       (1) in subsection (a), by striking ``passenger'' each place 
     that it appears; and
       (2) in subsection (k)--
       (A) in paragraph (2)--
       (i) by striking ``or,'' and all that follows; and
       (ii) by inserting ``or any other flight deck crew 
     member.''; and
       (B) by adding at the end the following new paragraph:
       ``(3) All-cargo air transportation.--For the purposes of 
     this section, the term air transportation includes all-cargo 
     air transportation.''.

     SEC. 4. IMPLEMENTATION.

       (a) Time for Implementation.--The training of pilots as 
     Federal flight deck officers required in the amendments made 
     by section 3 shall begin as soon as practicable and no later 
     than 90 days after the date of enactment of this Act.
       (b) Effect on Other Laws.--The requirements of subsection 
     (a) shall have no effect on the deadlines for implementation 
     contained in section 44921 of title 49, United States Code, 
     as in effect on the day before the date of enactment of this 
     Act.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mrs. Murray, Mr. Breaux, and Mr. 
        Miller):
  S. 518. A bill to increase the supply of pancreatic islet cells for 
research, to provide better coordination of Federal efforts and 
information on islet cell transplantation, and to collect the data 
necessary to move islet cell transplantation from an experimental 
procedure to a standard therapy; to the Committee on Health, Education, 
Labor, and Pensions.
  Ms. COLLINS. I am pleased to join my colleague from Washington, 
Senator Patty Murray, as well as my colleague and co-chair of the 
Senate Diabetes Caucus, Senator John Breaux, in introducing the 
Pancreatic Islet Cell Transplantation Act of 2003, which will help to 
advance tremendously important research that holds the promise of a 
cure for the more than 1 million Americans with type 1 or juvenile 
diabetes.
  As the founder and co-chair of the Senate Diabetes Caucus, I have 
learned a great deal about this serious disease and the difficulties 
and heartbreak that it causes for so many Americans and their families 
as they await a cure. Diabetes is a devastating, life-long condition 
that affects people of every age, race, and nationality. It is the 
leading cause of kidney failure, blindness in adults, and amputations 
not related to injury. Moreover, a new study released by the American 
Diabetes Association last week estimates that diabetes cost the Nation 
$132 billion last year, and that health care spending for people with 
diabetes is almost double what it would be if they did not have 
diabetes.
  The burden of diabetes is particularly heavy for children and young 
adults with type 1, or juvenile diabetes. Juvenile diabetes is the 
second most common chronic disease affecting children. Moreover, it is 
one that they never outgrow.
  In individuals with juvenile diabetes, the body's immune system 
attacks the pancreas and destroys the islet cells that produce insulin. 
While the discovery of insulin was a landmark breakthrough in the 
treatment of people with diabetes, it is not a cure, and people with 
juvenile diabetes face the constant threat of developing devastating, 
life-threatening complications as well as a drastic reduction in their 
quality of life.
  Thankfully, there is good news for people with diabetes. We have seen 
some tremendous breakthroughs in diabetes research in recent years, and 
I am convinced that diabetes is a disease that can be cured, and will 
be cured in the near future.
  We were all encouraged by the development of the Edmonton Protocol, 
an experimental treatment developed at the University of Alberta 
involving the transplantation of insulin-producing pancreatic islet 
cells, which has been hailed as the most important advance in diabetes 
research since the discovery of insulin in 1921. Of the approximately 
200 patients who have been treated using variations of the Edmonton 
Protocol, all have seen a reversal of their life-disabling 
hypoglycemia, and nearly 80 percent have maintained normal glucose 
levels without insulin shots for more than 1 year.
  Moreover, the side effects associated with this treatment-- which 
uses more islet cells and a less toxic combination of immunosuppressive 
drugs than previous, less successful protocols--have been mild and the 
therapy has been generally well tolerated by most patients.
  Unfortunately, long-term use of toxic immunosuppressive drugs, has 
side effects that make the current treatment inappropriate for use in 
children. Researchers, however, are working hard to find a way to 
reduce the transplant recipient's dependence on these drugs so that the 
procedure will be appropriate for children in the future, and the 
protocol has been hailed around the world as a remarkable breakthrough 
and proof that islet transplantation can work. It appears to offer the 
most immediate chance to achieve a cure for type 1 diabetes, and the 
research is moving forward rapidly.
  New sources of islet cells must be found, however, because, as the 
science advances and continues to demonstrate promise, the number of 
islet cell transplants that can be performed will be limited by a 
serious shortage of pancreases available for islet cell 
transplantation. There currently are only 2,000 pancreases donated 
annually, and, of these, only about 500 are available each year for 
islet cell transplants. Moreover, most patients require islet cells 
from two pancreases for the procedure to work effectively.
  The legislation we are introducing today will increase the supply of 
pancreases available for these trials and research. Our legislation 
will direct the Centers for Medicare and Medicaid Services to grant 
credit to organ procurement organizations, OPOs--for the purposes of 
their certification--for pancreases harvested and used for islet cell 
transplantation and research.
  Currently, CMS collects performance data from each OPO based upon the 
number of organs procured for transplant relative to the population of 
the OPO's service area. While CMS considers a pancreas to have been 
procured for transplantation if it is used for a whole organ 
transplant, the OPO receives no credit towards its certification if the 
pancreas is procured and used for islet cell transplantation or 
research. Our legislation will therefore give the OPOs an incentive to 
step up their efforts to increase the supply of pancreases donated for 
this purpose.
  In addition, the legislation establishes an inter-agency committee on 
islet cell transplantation comprised of representatives of all of the 
Federal agencies with an active role in supporting this research. The 
many advisory committees on organ transplantation that currently exist 
are so broad in scope that the issue of islet cell transplantation--
while of great importance to the juvenile diabetes community--does not 
rise to the level of consideration when included with broader issues 
associated with organ donation, such as organ allocation policy and 
financial barriers to transplantation. We believe that a more focused 
effort in the area of islet cell transplantation is clearly warranted 
since the research is moving forward at such a rapid pace and with such 
remarkable results.
  To help us collect the data necessary to move islet cell 
transplantation from an experimental procedure to a standard therapy 
covered by insurance, our legislation directs the Institute of Medicine 
to conduct a study on the impact of islet cell transplantation on the 
health-related quality of life outcomes for individuals with juvenile 
diabetes, as well as the cost-effectiveness of the treatment.
  Diabetes is the most common cause of kidney failure, accounting for 
40 percent of new cases, and a significant percentage of individuals 
with type 1 diabetes will experience kidney failure and become 
Medicare-eligible before they are age 65. Medicare currently

[[Page 5304]]

covers both kidney transplants and simultaneous pancreas-kidney 
transplants for these individuals. To help Medicare decide whether it 
should cover pancreatic islet cell transplants, our legislation 
authorizes a demonstration project to test the efficacy of simultaneous 
islet-kidney transplants and islet transplants following a kidney 
transplant for individuals with type 1 diabetes who are eligible for 
Medicare because they have end stage renal disease, ESRD.
  Islet cell transplantation offers real hope for people with diabetes. 
Our legislation, which is strongly supported by the Juvenile Diabetes 
Research Foundation, JDRF, addresses some of the specific obstacles to 
moving this research forward as rapidly as possible, and I urge all of 
my colleagues to join us as cosponsors.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 519. A bill to establish a Native American-owned financial entity 
to provide financial services to Indian tribes, Native American 
organizations, and Native Americans, and for other purposes; to the 
Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, today I am introducing the Native 
American Capital Formation and Economic Development Act of 2003.
  Before the Europeans landed on these shores, Indian nations were 
vigorous and vital: tribal governments functioned well; tribal cultures 
and religions flourished; and tribal economies were strong.
  Over time tribal institutions failed when the independence they had 
known were stifled by the Federal Government.
  Since 1970, Indian self-determination has assisted the tribes in 
rebuilding their governments and resurrecting their economies.
  The bill I am introducing today will foster real self-determination 
and create a Native-capitalized development assistance corporation.
  If enacted, the tribes themselves will be the financiers and 
shareholders of the Native American Capital Development Corporation 
which will focus on mortgage lending and Indian home ownership; provide 
assistance to Native financial institutions; and work to create a 
secondary market in Indian mortgages.
  The corporation will include the Native American Economies Diagnostic 
Studies Fund to partner with tribes to conduct diagnostic studies of 
their economies and identify the inhibitors to greater levels of 
private sector investment and job creation. Ultimately the corporation 
and the tribes will work to remove those inhibitors.
  The corporation's Native American Economic Incubation Center Fund 
will work with participating tribes to channel development assistance 
to those tribes with a demonstrated commitment to sound economic and 
political policies; good governance; and practices that create 
increased levels of economic growth and job creation.
  It is my expectation that there will be much debate generated by this 
legislation which I consider a good thing. I expect to hold hearings on 
this important legislation in the weeks ahead.
  I urge my colleagues to join me in support of this important bill.
  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. 519

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

     SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Native 
     American Capital Formation and Economic Development Act of 
     2003''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.

        TITLE I--NATIVE AMERICAN CAPITAL DEVELOPMENT CORPORATION

Sec. 101. Establishment of the Corporation.
Sec. 102. Authorized assistance and service functions.
Sec. 103. Native American lending services grant.
Sec. 104. Audits.
Sec. 105. Annual housing and economic development reports.
Sec. 106. Advisory Council.

                TITLE II--CAPITALIZATION OF CORPORATION

Sec. 201. Capitalization of the Corporation.

            TITLE III--REGULATION, EXAMINATION, AND REPORTS

Sec. 301. Regulation, examination, and reports.
Sec. 302. Authority of the Secretary of Housing and Urban Development.

                 TITLE IV--FORMATION OF NEW CORPORATION

Sec. 401. Formation of new corporation.
Sec. 402. Adoption and approval of merger plan.
Sec. 403. Consummation of merger.
Sec. 404. Transition.
Sec. 405. Effect of merger.

                  TITLE V--OTHER NATIVE AMERICAN FUNDS

Sec. 501. Native American Economies Diagnostic Studies Fund.
Sec. 502. Native American Economic Incubation Center Fund.

               TITLE VI--AUTHORIZATIONS OF APPROPRIATIONS

Sec. 601. Native American financial institutions.
Sec. 602. Corporation.
Sec. 603. Other Native American funds.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) there is a special legal and political relationship 
     between the United States and the Indian tribes, as grounded 
     in treaties, the Constitution, Federal statutes and court 
     decisions, executive orders, and course of dealing;
       (2) despite the availability of abundant natural resources 
     on Indian land and a rich cultural legacy that accords great 
     value to self-determination, self-reliance, and independence, 
     Native Americans suffer rates of unemployment, poverty, poor 
     health, substandard housing, and associated social ills to a 
     greater degree than any other group in the United States;
       (3) the economic success and material well-being of Native 
     Americans depends on the combined efforts and resources of 
     the United States, Indian tribal governments, the private 
     sector, and individuals;
       (4) the poor performance of moribund Indian economies is 
     due in part to the near-complete absence of private capital 
     and private capital institutions; and
       (5) the goals of economic self-sufficiency and political 
     self-determination for Native Americans can best be achieved 
     by making available the resources and discipline of the 
     private market, adequate capital, and technical expertise.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to establish an entity dedicated to capital development 
     and economic growth policies in Native American communities;
       (2) to provide the necessary resources of the United 
     States, Native Americans, and the private sector on endemic 
     problems such as fractionated and unproductive Indian land;
       (3) to provide a center for economic development policy and 
     analysis with particular emphasis on diagnosing the systemic 
     weaknesses with, and inhibitors to greater levels of 
     investment in, Native American economies;
       (4) to establish a Native-owned financial entity to provide 
     financial services to Indian tribes, Native American 
     organizations, and Native Americans; and
       (5) to improve the material standard of living of Native 
     Americans.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Alaska native.--The term ``Alaska Native'' has the 
     meaning given the term ``Native'' in section 3 of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1602).
       (2) Board.--The term ``Board'' means the Board of Directors 
     of the Corporation.
       (3) Capital distribution.--The term ``capital 
     distribution'' has the meaning given the term in section 1303 
     of the Federal Housing Enterprise Financial Safety and 
     Soundness Act of 1992 (12 U.S.C. 4502).
       (4) Chairperson.--The term ``Chairperson'' means the 
     chairperson of the Board.
       (5) Corporation.--The term ``Corporation'' means the Native 
     American Capital Development Corporation established by 
     section 101(a)(1)(A).
       (6) Council.--The term ``Council'' means the Advisory 
     Council established under section 106(a).
       (7) Designated merger date.--The term ``designated merger 
     date'' means the specific calendar date and time of day 
     designated by the Board under this Act.
       (8) Department of hawaiian home lands.--The term 
     ``Department of Hawaiian Home Lands'' means the agency that 
     is responsible for the administration of the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108 et seq.).
       (9) Fund.--The term ``Fund'' means the Community 
     Development Financial Institutions Fund established under 
     section 104 of the Riegle Community Development and

[[Page 5305]]

     Regulatory Improvement Act of 1994 (12 U.S.C. 4703).
       (10) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (11) Merger plan.--The term ``merger plan'' means the plan 
     of merger adopted by the Board under this Act.
       (12) Native american.--The term ``Native American'' means--
       (A) a member of an Indian tribe; or
       (B) a Native Hawaiian.
       (13) Native american financial institution.--The term 
     ``Native American financial institution'' means a person 
     (other than an individual) that--
       (A) qualifies as a community development financial 
     institution under section 103 of the Riegle Community 
     Development and Regulatory Improvement Act of 1994 (12 U.S.C. 
     4702);
       (B) satisfies--
       (i) requirements established by subtitle A of title I of 
     the Riegle Community Development and Regulatory Improvement 
     Act of 1994 (12 U.S.C. 4701 et seq.); and
       (ii) requirements applicable to persons seeking assistance 
     from the Fund;
       (C) demonstrates a special interest and expertise in 
     serving the primary economic development and mortgage lending 
     needs of the Native American community; and
       (D) demonstrates that the person has the endorsement of the 
     Native American community that the person intends to serve.
       (14) Native american lender.--The term ``Native American 
     lender'' means a Native American governing body, Native 
     American housing authority, or other Native American 
     financial institution that acts as a primary mortgage or 
     economic development lender in a Native American community.
       (15) Native hawaiian.--The term ``Native Hawaiian'' has the 
     meaning given the term in section 201 of the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108).
       (16) New corporation.--The term ``new corporation'' means 
     the corporation formed in accordance with title IV.
       (17) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (18) Total capital.--The term ``total capital'' has the 
     meaning given the term in section 1303 of the Federal Housing 
     Enterprise Financial Safety and Soundness Act of 1992 (12 
     U.S.C. 4502).
       (19) Transition period.--The term ``transition period'' 
     means the period beginning on the date on which the merger 
     plan is approved by the Secretary and ending on the 
     designated merger date.

        TITLE I--NATIVE AMERICAN CAPITAL DEVELOPMENT CORPORATION

     SEC. 101. ESTABLISHMENT OF THE CORPORATION.

       (a) Establishment; Board of Directors; Policies; Principal 
     Office; Membership; Vacancies.--
       (1) Establishment.--
       (A) In general.--There is established and chartered a 
     corporation, to be known as the ``Native American Capital 
     Development Corporation''.
       (B) Period of time.--The Corporation shall be a 
     congressionally chartered body corporate until the earlier 
     of--
       (i) the designated merger date; or
       (ii) the date on which the charter is surrendered by the 
     Corporation.
       (C) Changes to charter.--The right to revise, amend, or 
     modify the Corporation charter is specifically and 
     exclusively reserved to Congress.
       (2) Board of directors; principal office.--
       (A) Board.--The powers of the Corporation shall be vested 
     in a Board of Directors, which Board shall determine the 
     policies that govern the operations and management of the 
     Corporation.
       (B) Principal office; residency.--
       (i) Principal office.--The principal office of the 
     Corporation shall be in the District of Columbia.
       (ii) Venue.--For purposes of venue, the Corporation shall 
     be considered to be a resident of the District of Columbia.
       (3) Membership.--
       (A) In general.--
       (i) Nine members.--Except as provided in clause (ii), the 
     Board shall consist of 9 members, of which--

       (I) 3 members shall be appointed by the President; and
       (II) 6 members shall be elected by the class A 
     stockholders, in accordance with the bylaws of the 
     Corporation.

       (ii) Thirteen members.--If class B stock is issued under 
     section 201(b), the Board shall consist of 13 members, of 
     which--

       (I) 9 members shall be appointed and elected in accordance 
     with clause (i); and
       (II) 4 members shall be elected by the class B 
     stockholders, in accordance with the bylaws of the 
     Corporation.

       (B) Terms.--Each member of the Board shall be elected or 
     appointed for a 4-year term, except that the members of the 
     initial Board shall be elected or appointed for the following 
     terms:
       (i) Of the 3 members appointed by the President--

       (I) 1 member shall be appointed for a 2-year term;
       (II) 1 member shall be appointed for a 3-year term; and
       (III) 1 member shall be appointed for a 4-year term;

     as designated by the President at the time of the 
     appointments.
       (ii) Of the 6 members elected by the class A stockholders--

       (I) 2 members shall each be elected for a 2-year term;
       (II) 2 members shall each be elected for a 3-year term; and
       (III) 2 members shall each be elected for a 4-year term.

       (iii) If class B stock is issued and 4 additional members 
     are elected by the class B stockholders--

       (I) 1 member shall be elected for a 2-year term;
       (II) 1 member shall be elected for a 3-year term; and
       (III) 2 members shall each be elected for a 4-year term.

       (C) Qualifications.--Each member appointed by the President 
     shall have expertise in 1 or more of the following areas:
       (i) Native American housing and economic development 
     matters.
       (ii) Financing in Native American communities.
       (iii) Native American governing bodies, legal 
     infrastructure, and judicial systems.
       (iv) Restricted and trust land issues, economic 
     development, and small consumer loans.
       (D) Members of indian tribes.--Not less than 2 of the 
     members appointed by the President shall be members of 
     different, federally-recognized Indian tribes enrolled in 
     accordance with the applicable requirements of the Indian 
     tribes.
       (E) Chairperson.--The Board shall select a Chairperson from 
     among the members of the Board, except that the initial 
     Chairperson shall be selected from among the members of the 
     initial Board who have been appointed or elected to serve for 
     a 4-year term.
       (F) Vacancies.--
       (i) Appointed members.--Any vacancy in the appointed 
     membership of the Board shall be filled by appointment by the 
     President, but only for the unexpired portion of the term.
       (ii) Elected members.--Any vacancy in the elected 
     membership of the Board shall be filled by appointment by the 
     Board, but only for the unexpired portion of the term.
       (G) Transitions.--Any member of the Board may continue to 
     serve after the expiration of the term for which the member 
     was appointed or elected until a qualified successor has been 
     appointed or elected.
       (b) Powers of the Corporation.--The Corporation--
       (1) shall adopt bylaws, consistent with this Act, 
     regulating, among other things, the manner in which--
       (A) the business of the Corporation shall be conducted;
       (B) the elected members of the Board shall be elected;
       (C) the stock of the Corporation shall be issued, held, and 
     disposed of;
       (D) the property of the Corporation shall be disposed of; 
     and
       (E) the powers and privileges granted to the Corporation by 
     this Act and other law shall be exercised;
       (2) may make and execute contracts, agreements, and 
     commitments, including entering into a cooperative agreement 
     with the Secretary;
       (3) may prescribe and impose fees and charges for services 
     provided by the Corporation;
       (4) may, if a settlement, adjustment, compromise, release, 
     or waiver of a claim, demand, or right of, by, or against the 
     Corporation, is not adverse to the interests of the United 
     States--
       (A) settle, adjust, and compromise on the claim, demand, or 
     right; and
       (B) with or without consideration or benefit to the 
     Corporation, release or waive, in whole or in part, in 
     advance or otherwise, the claim, demand, or right;
       (5) may sue and be sued, complain and defend, in any 
     Federal, State, tribal, or other court;
       (6) may acquire, take, hold, and own, manage, and dispose 
     of any property;
       (7) may--
       (A) determine the necessary expenditures of the Corporation 
     and the manner in which those expenditures shall be incurred, 
     allowed, and paid; and
       (B) appoint, employ, and fix and provide for the 
     compensation and benefits of such officers, employees, 
     attorneys, and agents as the Board determines reasonable and 
     not inconsistent with this section;
       (8) may incorporate a new corporation under State, District 
     of Columbia, or tribal law, as provided in this Act;
       (9) may adopt a plan of merger, as provided in this Act;
       (10) may consummate the merger of the Corporation into the 
     new corporation, as provided in this Act; and
       (11) may have succession until the designated merger date 
     or any earlier date on which the Corporation surrenders the 
     Federal charter of the Corporation.
       (c) Investment of Funds; Designation as Depositary, 
     Custodian, or Agent.--

[[Page 5306]]

       (1) Investment of funds.--Funds of the Corporation that are 
     not required to meet current operating expenses shall be 
     invested in--
       (A) obligations of, or obligations guaranteed by, the 
     United States (or any agency of the United States); or
       (B) in obligations, participations, or other instruments 
     that are lawful investments for fiduciary, trust, or public 
     funds.
       (2) Designation as depositary, custodian, or agent.--Any 
     Federal Reserve bank or Federal home loan bank, or any bank 
     as to which at the time of its designation by the Corporation 
     there is outstanding a designation by the Secretary of the 
     Treasury as a general or other depositary of public money, 
     may--
       (A) be designated by the Corporation as a depositary or 
     custodian or as a fiscal or other agent of the Corporation; 
     and
       (B) act as such a depositary, custodian, or agent.
       (d) Actions By and Against the Corporation.--
     Notwithstanding section 1349 of title 28, United States Code, 
     or any other provision of law--
       (1) the Corporation shall be deemed to be an agency covered 
     under sections 1345 and 1442 of title 28, United States Code;
       (2) any civil action to which the Corporation is a party 
     shall be deemed to arise under the laws of the United States, 
     and the appropriate district court of the United States shall 
     have original jurisdiction over any such action, without 
     regard to amount or value; and
       (3) in any case in which all remedies have been exhausted 
     in accordance with the applicable ordinances of an Indian 
     tribe, in any civil or other action, case, or controversy in 
     a tribal court, State court, or in any court other than a 
     district court of the United States, to which the Corporation 
     is a party, may at any time before the commencement of the 
     civil action be removed by the Corporation, without the 
     giving of any bond or security and by following any procedure 
     for removal of causes in effect at the time of the removal--
       (A) to the district court of the United States for the 
     district and division in which the action is pending; or
       (B) if there is no such district court, to the United 
     States District Court for the District of Columbia.

     SEC. 102. AUTHORIZED ASSISTANCE AND SERVICE FUNCTIONS.

       The Corporation may--
       (1) assist in the planning, establishment, and organization 
     of Native American financial institutions;
       (2) develop and provide financial expertise and technical 
     assistance to Native American financial institutions, 
     including methods of underwriting, securing, servicing, 
     packaging, and selling mortgage and small commercial and 
     consumer loans;
       (3) develop and provide specialized technical assistance on 
     overcoming barriers to primary mortgage lending on Native 
     American land, including issues relating to--
       (A) trust land;
       (B) discrimination;
       (C) high operating costs; and
       (D) inapplicability of standard underwriting criteria;
       (4) provide mortgage underwriting assistance (but not in 
     originating loans) under contract to Native American 
     financial institutions;
       (5) work with the Federal National Mortgage Association, 
     the Federal Home Loan Mortgage Corporation, and other 
     participants in the secondary market for home mortgage 
     instruments in identifying and eliminating barriers to the 
     purchase of Native American mortgage loans originated by 
     Native American financial institutions and other lenders in 
     Native American communities;
       (6) obtain capital investments in the Corporation from 
     Indian tribes, Native American organizations, and other 
     entities;
       (7) act as an information clearinghouse by providing 
     information on financial practices to Native American 
     financial institutions;
       (8) monitor and report to Congress on the performance of 
     Native American financial institutions in meeting the 
     economic development and housing credit needs of Native 
     Americans; and
       (9) provide any of the services described in this section--
       (A) directly; or
       (B) under a contract authorizing another national or 
     regional Native American financial services provider to 
     assist the Corporation in carrying out the purposes of this 
     Act.

     SEC. 103. NATIVE AMERICAN LENDING SERVICES GRANT.

       (a) Initial Grant Payment.--If the Secretary and the 
     Corporation enter into a cooperative agreement for the 
     Corporation to provide technical assistance and other 
     services to Native American financial institutions, the 
     agreement shall, to the extent that funds are available as 
     provided in this Act, provide that the initial grant payment, 
     anticipated to be $5,000,000, shall be made at the time at 
     which all members of the initial Board have been appointed 
     under this Act.
       (b) Payment of Grant Balance.--The payment of the remainder 
     of the grant shall be made to the Corporation not later than 
     1 year after the date on which the initial grant payment is 
     made under subsection (a).

     SEC. 104. AUDITS.

       (a) Independent Audits.--
       (1) In general.--The Corporation shall have an annual 
     independent audit made of the financial statements of the 
     Corporation by an independent public accountant in accordance 
     with generally accepted auditing standards.
       (2) Determinations.--In conducting an audit under this 
     subsection, the independent public accountant shall determine 
     and submit to the Secretary a report on whether the financial 
     statements of the Corporation--
       (A) are presented fairly in accordance with generally 
     accepted accounting principles; and
       (B) to the extent determined necessary by the Secretary, 
     comply with any disclosure requirements imposed under section 
     301.
       (b) GAO Audits.--
       (1) In general.--Beginning on the date that is 2 years 
     after the date of commencement of operation of the 
     Corporation, unless an earlier date is required by any other 
     law, grant, or agreement, the programs, activities, receipts, 
     expenditures, and financial transactions of the Corporation 
     shall be subject to audit by the Comptroller General of the 
     United States under such rules and regulations as may be 
     prescribed by the Comptroller General.
       (2) Access.--To carry out this subsection, the 
     representatives of the General Accounting Office shall--
       (A) have access to all books, accounts, financial records, 
     reports, files, and all other papers, things, or property 
     belonging to or in use by the Corporation that are necessary 
     to facilitate the audit;
       (B) be afforded full facilities for verifying transactions 
     with the balances or securities held by depositaries, fiscal 
     agents, and custodians; and
       (C) have access, on request to the Corporation or any 
     auditor for an audit of the Corporation under subsection (a), 
     to any books, accounts, financial records, reports, files, or 
     other papers, or property belonging to or in use by the 
     Corporation and used in any such audit and to any papers, 
     records, files, and reports of the auditor used in such an 
     audit.
       (3) Reports.--The Comptroller General of the United States 
     shall submit to Congress a report on each audit conducted 
     under this subsection.
       (4) Reimbursement.--The Corporation shall reimburse the 
     General Accounting Office for the full cost of any audit 
     conducted under this subsection.

     SEC. 105. ANNUAL HOUSING AND ECONOMIC DEVELOPMENT REPORTS.

       Not later than 1 year after the date of enactment of this 
     Act, and annually thereafter, the Corporation shall collect, 
     maintain, and provide to the Secretary, in a form determined 
     by the Secretary, such data as the Secretary determines to be 
     appropriate with respect to the activities of the Corporation 
     relating to economic development.

     SEC. 106. ADVISORY COUNCIL.

       (a) Establishment.--The Board shall establish an Advisory 
     Council in accordance with this section.
       (b) Membership.--
       (1) In general.--The Council shall consist of 13 members, 
     who shall be appointed by the Board, including--
       (A) 1 representative from each of the 12 districts 
     established by the Bureau of Indian Affairs; and
       (B) 1 representative from the State of Hawaii.
       (2) Qualifications.--Of the members of the Council--
       (A) not less than 6 members shall have expertise in 
     financial matters; and
       (B) not less than 9 members shall be Native Americans.
       (3) Terms.--Each member of the Council shall be appointed 
     for a 4-year term, except that the initial Council shall be 
     appointed, as designated by the Board at the time of 
     appointment, as follows:
       (A) Each of 4 members shall be appointed for a 2-year term.
       (B) Each of 4 members shall be appointed for a 3-year term.
       (C) Each of 5 members shall be appointed for a 4-year term.
       (c) Duties.--The Council shall--
       (1) advise the Board on all policy matters of the 
     Corporation; and
       (2) through the regional representation of members of the 
     Council, provide information to the Board from all sectors of 
     the Native American community.

                TITLE II--CAPITALIZATION OF CORPORATION

     SEC. 201. CAPITALIZATION OF THE CORPORATION.

       (a) Class A Stock.--The class A stock of the Corporation 
     shall--
       (1) be issued only to Indian tribes and the Department of 
     Hawaiian Home Lands;
       (2) be allocated--
       (A) with respect to Indian tribes, on the basis of Indian 
     tribe population, as determined by the Secretary in 
     consultation with the Secretary of the Interior, in such 
     manner as to issue 1 share for each member of an Indian 
     tribe; and
       (B) with respect to the Department of Hawaiian Home Lands, 
     on the basis of the number of current leases at the time of 
     allocation;

[[Page 5307]]

       (3) have such par value and other characteristics as the 
     Corporation shall provide;
       (4) be issued in such a manner as to ensure that voting 
     rights may be vested only on purchase of those rights from 
     the Corporation by an Indian tribe or the Department of 
     Hawaiian Home Lands, with each share being entitled to 1 
     vote; and
       (5) be nontransferable.
       (b) Class B Stock.--
       (1) In general.--The Corporation may issue class B stock 
     evidencing capital contributions in the manner and amount, 
     and subject to any limitations on concentration of ownership, 
     as may be established by the Corporation.
       (2) Characteristics.--Any class B stock issued under 
     paragraph (1) shall--
       (A) be available for purchase by investors;
       (B) be entitled to such dividends as may be declared by the 
     Board in accordance with subsection (c);
       (C) have such par value and other characteristics as the 
     Corporation shall provide;
       (D) be vested with voting rights, with each share being 
     entitled to 1 vote; and
       (E) be transferable only on the books of the Corporation.
       (c) Charges and Fees; Earnings.--
       (1) Charges and fees.--The Corporation may impose charges 
     or fees, which may be regarded as elements of pricing, with 
     the objectives that--
       (A) all costs and expenses of the operations of the 
     Corporation should be within the income of the Corporation 
     derived from such operations; and
       (B) those operations would be fully self-supporting.
       (2) Earnings.--
       (A) In general.--All earnings from the operations of the 
     Corporation shall be annually transferred to the general 
     surplus account of the Corporation.
       (B) Transfer of general surplus funds.--At any time, funds 
     in the general surplus account may, in the discretion of the 
     Board, be transferred to the reserves of the Corporation.
       (d) Capital Distributions.--
       (1) Distributions.--
       (A) In general.--Except as provided in paragraph (2), the 
     Corporation may make such capital distributions as may be 
     declared by the Board.
       (B) Charging of distributions.--All capital distributions 
     under subparagraph (A) shall be charged against the general 
     surplus account of the Corporation.
       (2) Restriction.--The Corporation may not make any capital 
     distribution that would decrease the total capital of the 
     Corporation to an amount less than the capital level for the 
     Corporation established under section 301, without prior 
     written approval of the distribution by the Secretary.

            TITLE III--REGULATION, EXAMINATION, AND REPORTS

     SEC. 301. REGULATION, EXAMINATION, AND REPORTS.

       (a) In General.--The Corporation shall be subject to the 
     regulatory authority of the Department of Housing and Urban 
     Development with respect to all matters relating to the 
     financial safety and soundness of the Corporation.
       (b) Duty of Secretary.--The Secretary shall ensure that the 
     Corporation is adequately capitalized and operating safely as 
     a congressionally chartered body corporate.
       (c) Reports to Secretary.--
       (1) Annual reports.--On such date as the Secretary shall 
     require, but not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the 
     Corporation shall submit to the Secretary a report in such 
     form and containing such information with respect to the 
     financial condition and operations of the Corporation as the 
     Secretary shall require.
       (2) Contents of reports.--Each report submitted under this 
     subsection shall contain a declaration by the president, vice 
     president, treasurer, or any other officer of the Corporation 
     designated by the Board to make the declaration, that the 
     report is true and correct to the best of the knowledge and 
     belief of that officer.

     SEC. 302. AUTHORITY OF THE SECRETARY OF HOUSING AND URBAN 
                   DEVELOPMENT.

       The Secretary shall--
       (1) have general regulatory power over the Corporation; and
       (2) promulgate such rules and regulations applicable to the 
     Corporation as the Secretary determines to be appropriate to 
     ensure that the purposes specified in section 3 are 
     accomplished.

                 TITLE IV--FORMATION OF NEW CORPORATION

     SEC. 401. FORMATION OF NEW CORPORATION.

       (a) In General.--In order to continue the accomplishment of 
     the purposes specified in section 3 beyond the terms of the 
     charter of the Corporation, the Board shall, not later than 
     10 years after the date of enactment of this Act, cause the 
     formation of a new corporation under the laws of any tribe, 
     any State, or the District of Columbia.
       (b) Powers of New Corporation Not Prescribed.--Except as 
     provided in this section, the new corporation may have such 
     corporate powers and attributes permitted under the laws of 
     the jurisdiction of in which the new corporation is 
     incorporated as the Board determines to be appropriate.
       (c) Use of Name Prohibited.--The new corporation may not 
     use in any manner the names ``Native American Capital 
     Development Corporation'' or ``NACDCO'', or any variation of 
     those names.

     SEC. 402. ADOPTION AND APPROVAL OF MERGER PLAN.

       (a) In General.--Not later than 10 years after the date of 
     enactment of this Act, after consultation with the Indian 
     tribes that are stockholders of class A stock referred to in 
     section 201(a), the Board shall prepare, adopt, and submit to 
     the Secretary for approval, a plan for merging the 
     Corporation into the new corporation.
       (b) Designated Merger Date.--
       (1) In general.--The Board shall establish the designated 
     merger date in the merger plan as a specific calendar date on 
     which, and time of day at which, the merger of the 
     Corporation into the new corporation shall take effect.
       (2) Changes.--The Board may change the designated merger 
     date in the merger plan by adopting an amended plan of 
     merger.
       (3) Restriction.--Except as provided in paragraph (4), the 
     designated merger date in the merger plan or any amended 
     merger plan shall not be later than 11 years after the date 
     of enactment of this Act.
       (4) Exception.--Subject to the restriction contained in 
     paragraph (5), the Board may adopt an amended plan of merger 
     that designates a date under paragraph (3) that is later than 
     11 years after the date of enactment of this Act if the Board 
     submits to the Secretary a report--
       (A) stating that an orderly merger of the Corporation into 
     the new corporation is not feasible before the latest date 
     designated by the Board;
       (B) explaining why an orderly merger of the Corporation 
     into the new corporation is not feasible before the latest 
     date designated by the Board;
       (C) describing the steps that have been taken to consummate 
     an orderly merger of the Corporation into the new corporation 
     not later than 11 years after the date of enactment of this 
     Act; and
       (D) describing the steps that will be taken to consummate 
     an orderly and timely merger of the Corporation into the new 
     corporation.
       (5) Limitation.--The date designated by the Board in an 
     amended merger plan shall not be later than 12 years after 
     the date of enactment of this Act.
       (6) Consummation of merger.--The consummation of an orderly 
     and timely merger of the Corporation into the new corporation 
     shall not occur later than 13 years after the date of 
     enactment of this Act.
       (c) Governmental Approvals of Merger Plan Required.--The 
     merger plan or any amended merger plan shall take effect on 
     the date on which the plan is approved by the Secretary.
       (d) Revision of Disapproved Merger Plan Required.--If the 
     Secretary disapproves the merger plan or any amended merger 
     plan--
       (1) the Secretary shall--
       (A) notify the Corporation of the disapproval; and
       (B) indicate the reasons for the disapproval; and
       (2) not later than 30 days after the date of notification 
     of disapproval under paragraph (1), the Corporation shall 
     submit to the Secretary for approval, an amended merger plan 
     that responds to the reasons for the disapproval indicated in 
     that notification.
       (e) No Stockholder Approval of Merger Plan Required.--The 
     approval or consent of the stockholders of the Corporation 
     shall not be required to accomplish the merger of the 
     Corporation into the new corporation.

     SEC. 403. CONSUMMATION OF MERGER.

       The Board shall ensure that the merger of the Corporation 
     into the new corporation is accomplished in accordance with--
       (1) a merger plan approved by the Secretary under section 
     402; and
       (2) all applicable laws of the jurisdiction in which the 
     new corporation is incorporated.

     SEC. 404. TRANSITION.

       Except as provided in this section, the Corporation shall, 
     during the transition period, continue to have all of the 
     rights, privileges, duties, and obligations, and shall be 
     subject to all of the limitations and restrictions, set forth 
     in this Act.

     SEC. 405. EFFECT OF MERGER.

       (a) Transfer of Assets and Liabilities.--On the designated 
     merger date--
       (1) all real, personal, and mixed property, all debts due 
     on any account, and any other interest, of or belonging to or 
     due to the Corporation, shall be transferred to and vested in 
     the new corporation without further act or deed; and
       (2) no title to any real, personal, or mixed property shall 
     be impaired in any way by reason of the merger.
       (b) Termination of the Corporation and Federal Charter.--On 
     the designated merger date--
       (1) the surviving corporation of the merger shall be the 
     new corporation;
       (2) the Federal charter of the Corporation shall terminate; 
     and
       (3) the separate existence of the Corporation shall 
     terminate.
       (c) References to the Corporation in Law.--After the 
     designated merger date, any

[[Page 5308]]

     reference to the Corporation in any law or regulation shall 
     be deemed to refer to the new corporation.
       (d) Savings Clause.--
       (1) Proceedings.--The merger of the Corporation into the 
     new corporation shall not abate any proceeding commenced by 
     or against the Corporation before the designated merger date, 
     except that the new corporation shall be substituted for the 
     Corporation as a party to any such proceeding as of the 
     designated merger date.
       (2) Contracts and Agreements.--All contracts and agreements 
     to which the Corporation is a party and which are in effect 
     on the day before the designated merger date shall continue 
     in effect according to their terms, except that the new 
     corporation shall be substituted for the Corporation as a 
     party to those contracts and agreements as of the designated 
     merger date.

                  TITLE V--OTHER NATIVE AMERICAN FUNDS

     SEC. 501. NATIVE AMERICAN ECONOMIES DIAGNOSTIC STUDIES FUND.

       (a) Establishment.--There is established within the 
     Corporation a fund to be known as the ``Native American 
     Economies Diagnostic Studies Fund'' (referred to in this 
     section as the ``Diagnostic Fund''), to be used to strengthen 
     Indian tribal economies by supporting investment policy 
     reforms and technical assistance to eligible Indian tribes, 
     consisting of--
       (1) any interest earned on investment of amounts in the 
     Fund under subsection (d); and
       (2) such amounts as are appropriated to the Diagnostic Fund 
     under subsection (f).
       (b) Use of Amounts From Diagnostic Fund.--
       (1) In general.--The Corporation shall use amounts in the 
     Diagnostic Fund to establish an interdisciplinary mechanism 
     by which the Corporation and interested Indian tribes may 
     jointly--
       (A) conduct diagnostic studies of Native economic 
     conditions; and
       (B) provide recommendations for reforms in the policy, 
     legal, regulatory, and investment areas and general economic 
     environment of the interested Indian tribes.
       (2) Conditions for studies.--A diagnostic study conducted 
     jointly by the Corporation and an Indian tribe under 
     paragraph (1)--
       (A) shall be conducted in accordance with an agreement 
     between the Corporation and the Indian tribe; and
       (B) at a minimum, shall identify inhibitors to greater 
     levels of private sector investment and job creation with 
     respect to the Indian tribe.
       (c) Expenditures From Diagnostic Fund.--
       (1) In general.--Subject to paragraph (2), on request by 
     the Corporation, the Secretary of the Treasury shall transfer 
     from the Diagnostic Fund to the Corporation such amounts as 
     the Corporation determines are necessary to carry out this 
     section.
       (2) Administrative expenses.--An amount not exceeding 12 
     percent of the amounts in the Diagnostic Fund shall be 
     available in each fiscal year to pay the administrative 
     expenses necessary to carry out this section.
       (d) Investment of Amounts.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Diagnostic Fund as is not, in the 
     judgment of the Secretary of the Treasury, required to meet 
     current withdrawals. Investments may be made only in 
     interest-bearing obligations of the United States.
       (2) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       (A) on original issue at the issue price; or
       (B) by purchase of outstanding obligations at the market 
     price.
       (3) Sale of obligations.--Any obligation acquired by the 
     Diagnostic Fund may be sold by the Secretary of the Treasury 
     at the market price.
       (4) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Diagnostic Fund shall be credited to and form a part of the 
     Diagnostic Fund.
       (e) Transfers of Amounts.--
       (1) In general.--The amounts required to be transferred to 
     the Diagnostic Fund under this section shall be transferred 
     at least monthly from the general fund of the Treasury to the 
     Diagnostic Fund on the basis of estimates made by the 
     Secretary of the Treasury.
       (2) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       (f) Transfers to Diagnostic Fund.--There are appropriated 
     to the Diagnostic Fund, out of funds made available under 
     section 603, such sums as are necessary to carry out this 
     section.

     SEC. 502. NATIVE AMERICAN ECONOMIC INCUBATION CENTER FUND.

       (a) Establishment.--There is established within the 
     Corporation a fund to be known as the ``Native American 
     Economic Incubation Center Fund'' (referred to in this 
     section as the ``Economic Fund''), consisting of--
       (1) any interest earned on investment of amounts in the 
     Economic Fund under subsection (d); and
       (2) such amounts as are appropriated to the Economic Fund 
     under subsection (f).
       (b) Use of Amounts From Economic Fund.--
       (1) In general.--The Corporation shall use amounts in the 
     Economic Fund to ensure that Federal development assistance 
     and other resources dedicated to Native American economic 
     development are provided only to Native American communities 
     with demonstrated commitments to--
       (A) sound economic and political policies;
       (B) good governance; and
       (C) practices that promote increased levels of economic 
     growth and job creation.
       (c) Expenditures From Economic Fund.--
       (1) In general.--Subject to paragraph (2), on request by 
     the Corporation, the Secretary of the Treasury shall transfer 
     from the Economic Fund to the Corporation such amounts as the 
     Corporation determines are necessary to carry out this 
     section.
       (2) Administrative expenses.--An amount not exceeding 12 
     percent of the amounts in the Economic Fund shall be 
     available in each fiscal year to pay the administrative 
     expenses necessary to carry out this section.
       (d) Investment of Amounts.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Economic Fund as is not, in the judgment 
     of the Secretary of the Treasury, required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       (2) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       (A) on original issue at the issue price; or
       (B) by purchase of outstanding obligations at the market 
     price.
       (3) Sale of obligations.--Any obligation acquired by the 
     Economic Fund may be sold by the Secretary of the Treasury at 
     the market price.
       (4) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Economic Fund shall be credited to and form a part of the 
     Economic Fund.
       (e) Transfers of Amounts.--
       (1) In general.--The amounts required to be transferred to 
     the Economic Fund under this section shall be transferred at 
     least monthly from the general fund of the Treasury to the 
     Economic Fund on the basis of estimates made by the Secretary 
     of the Treasury.
       (2) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       (f) Transfers to Economic Fund.--There are appropriated to 
     the Economic Fund, out of funds made available under section 
     603, such sums as are necessary to carry out this section.

               TITLE VI--AUTHORIZATIONS OF APPROPRIATIONS

     SEC. 601. NATIVE AMERICAN FINANCIAL INSTITUTIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Fund, without fiscal year limitation, such sums as are 
     necessary to provide financial assistance to Native American 
     financial institutions.
       (b) No Consideration as Matching Funds.--To the extent that 
     a Native American financial institution receives funds under 
     subsection (a), the funds shall not be considered to be 
     matching funds required under section 108(e) of the Riegle 
     Community Development and Regulatory Improvement Act of 1994 
     (12 U.S.C. 4707(e)).

     SEC. 602. CORPORATION.

       There are authorized to be appropriated to the Secretary, 
     for transfer to the Corporation, such sums as are necessary 
     to carry out activities of the Corporation.

     SEC. 603. OTHER NATIVE AMERICAN FUNDS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out sections 501 and 502.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 521. A bill to amend the Act of August 9, 1955, to extend the 
terms of leases of certain restricted Indian land, and for other 
purposes; to the Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to introduce the 
Indian Land Leasing Act of 2003 to make routine changes to title 25 of 
the United States Code and to assist economic activity on Indian lands 
by liberalizing the Indian land leasing process.
  Federal law requires tribal landowners to seek the approval of the 
Secretary of the Interior to lease their lands and further restricts 
the lease term to a period of 25 years.
  This legal framework is an obstacle in the path of the tribes and 
their members, and year after year Indian tribes are forced to seek the 
Committee on Indian Affairs' assistance in extending the lease term to 
99 years.
  Over the years not fewer than 38 tribes have come to Congress and 
secured 99-year lease authority.

[[Page 5309]]

  At the tribes' request, this bill will extend 99-year lease authority 
to the Confederated Tribes of the Umatilla Reservation, the Yavapai-
Prescott Tribe, the Yurok Tribe, and the Hopland Band of Pomo Indians 
to the long list of tribes that have already secured similar 
extensions.
  The bill also provides 99-year lease authority for tribes that wish 
to do so without the prior approval of the Secretary.
  I urge my colleagues to join me in supporting this modest but 
important legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 521

       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 Leasing Act of 
     2003''.

     SEC. 2. AUTHORIZATION OF 99-YEAR LEASES.

       (a) In General.--Subsection (a) of the first section of the 
     Act of August 9, 1955 (25 U.S.C. 415(a)) is amended in the 
     second sentence--
       (1) by inserting ``the reservation of the Confederated 
     Tribes of the Umatilla Indian Reservation,'' before ``the 
     Burns Paiute Reservation,'';
       (2) by inserting ``the'' before ``Yavapai-Prescott'';
       (3) by striking ``Washington,,'' and inserting 
     ``Washington,''; and
       (4) by inserting ``land held in trust for the Yurok Tribe, 
     land held in trust for the Hopland Band of Pomo Indians of 
     the Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to any lease entered into or renewed after the 
     date of enactment of this Act.

     SEC. 3. LEASE OF TRIBALLY-OWNED LAND BY ASSINIBOINE AND SIOUX 
                   TRIBES OF THE FORT PECK RESERVATION.

       The first section of the Act of August 9, 1955 (25 U.S.C. 
     415) is amended by adding at the end the following:
       ``(g) Lease of Tribally-Owned Land by Assiniboine and Sioux 
     Tribes of the Fort Peck Reservation.--
       ``(1) In general.--Notwithstanding subsection (a) and any 
     regulations under part 162 of title 25, Code of Federal 
     Regulations (or any successor regulation), subject to 
     paragraph (2), the Assiniboine and Sioux Tribes of the Fort 
     Peck Reservation may lease to the Northern Border Pipeline 
     Company tribally-owned land on the Fort Peck Indian 
     Reservation for 1 or more interstate gas pipelines.
       ``(2) Conditions.--A lease entered into under paragraph 
     (1)--
       ``(A) shall commence during fiscal year 2011 for an initial 
     term of 25 years;
       ``(B) may be renewed for an additional term of 25 years; 
     and
       ``(C) shall specify in the terms of the lease an annual 
     rental rate--
       ``(i) which rate shall be increased by 3 percent per year 
     on a cumulative basis for each 5-year period; and
       ``(ii) the adjustment of which in accordance with clause 
     (i) shall be considered to satisfy any review requirement 
     under part 162 of title 25, Code of Federal Regulations (or a 
     successor regulation).''.

     SEC. 4. CERTIFICATION OF RENTAL PROCEEDS.

       Notwithstanding any other provision of law, any actual 
     rental proceeds from the lease of land acquired under section 
     1 of Public Law 91-229 (25 U.S.C. 488) certified by the 
     Secretary of the Interior shall be deemed--
       (1) to constitute the rental value of that land; and
       (2) to satisfy the requirement for appraisal of that land.

     SEC. 5. MONTANA INDIAN TRIBES; AGREEMENT WITH DRY PRAIRIE 
                   RURAL WATER ASSOCIATION, INCORPORATED.

       (a) In General.--The Assiniboine and Sioux Tribes of the 
     Fort Peck Indian Reservation (referred to in this section as 
     the ``Tribes'') may, with the approval of the Secretary of 
     the Interior, enter into a lease or other temporary 
     conveyance of water rights recognized under the Fort Peck-
     Montana Compact (Montana Code Annotated 85-20-201) for the 
     purpose of meeting the water needs of the Dry Prairie Rural 
     Water Association, Incorporated (or any successor entity), in 
     accordance with section 5 of the Fort Peck Reservation Rural 
     Water System Act of 2000 (114 Stat. 1454).
       (b) Conditions of Lease.--With respect to a lease or other 
     temporary conveyance described in subsection (a)--
       (1) the term of the lease or conveyance shall not exceed 
     100 years; and
       (2)(A) the lease or conveyance may be approved by the 
     Secretary of the Interior without monetary compensation to 
     the Tribes; and
       (B) the Secretary of the Interior shall not be subject to 
     liability for any claim or cause of action relating to the 
     compensation or consideration received by the Tribes under 
     the lease or conveyance.
       (c) No Permanent Alienation of Water.--Nothing in this 
     section authorizes any permanent alienation of any water by 
     the Tribes.

     SEC. 6. LEASES OF RESTRICTED INDIAN LAND; NON-INDIAN BUSINESS 
                   PARTNERS ON INDIAN LAND.

       Subsection (a) of the first section of the Act of August 9, 
     1955 (25 U.S.C. 415(a)) is amended by adding at the end the 
     following: ``Notwithstanding any other provision of law, no 
     Indian tribe shall be required to obtain the approval of the 
     Secretary to enter into a lease of restricted Indian land 
     (not including any lease for exploration, development, or 
     extraction of any mineral resource) under this subsection for 
     a term that does not exceed 99 years if the Indian tribe 
     provides written notice in original leasing documents that 
     the Indian tribe has the unilateral right to terminate the 
     lease in any case in which the Indian tribe does not waive 
     sovereign immunity from any civil action brought by a party 
     to the lease for just compensation as a result of such a 
     termination. Any person that is a party to a lease described 
     in the preceding sentence may bring a civil action to enforce 
     the lease.''.
                                 ______
                                 
      By Mr. CAMPBELL (for himself and Mr. Domenici):
  S. 522. A bill to amend the Energy Policy Act of 1992 to assist 
Indian tribes in developing energy resources, and for other purposes; 
to the Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to introduce the 
Native American Energy Development and Self-Determination Act of 2003.
  Our Nation is about to be embroiled in war in the Middle East and the 
markets are anxious about the military action. As a result, world oil 
prices are soaring and now are nearly $40 per barrel.
  The economic repercussions to everyday Americans of high oil prices 
cannot be overlooked. Industries reliant on cheap energy will contract 
and people will lose their jobs.
  The single working mom who commutes and delivers her child to daycare 
will be paying much higher prices at the pump. Shoes for her kids and 
payments into the college fund will have to wait.
  The family-owned construction firm will be forced to let people go. 
Families will be disrupted.
  One obvious answer to our energy future is in more vigorous domestic 
production.
  For far too long Indian-owned energy resources have been overlooked 
and untapped.
  There are nearly 90 tribes that own significant energy resources--
both renewable and nonrenewable--and with rare exception these tribes 
want to develop them.
  The Interior Department estimates that 25 percent of oil and less 
than 20 percent of natural gas reserves on Indian land have been 
developed.
  The bill I am introducing will provide financial assistance, 
technical expertise, and regulatory relief to the tribes in their 
efforts to manage and market their resources.
  I urge my colleagues to join me in supporting this bill.
  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. 522

       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 ``Native American Energy 
     Development and Self-Determination Act of 2003''.

     SEC. 2. INDIAN ENERGY.

       (a) In General.--Title XXVI of the Energy Policy Act of 
     1992 (25 U.S.C. 3501 et seq.) is amended to read as follows:

                      ``TITLE XXVI--INDIAN ENERGY

     ``SEC. 2601. FINDINGS; PURPOSES.

       ``(a) Findings.--Congress finds that--
       ``(1) the energy resources of Indians and Indian tribes are 
     among the most valuable natural resources of Indians and 
     Indian tribes;
       ``(2) there exists a special legal and political 
     relationship between the United States and Indian tribes as 
     expressed in treaties, the Constitution, Federal statutes, 
     court decisions, executive orders, and course of dealing;
       ``(3) Indian land comprises approximately 5 percent of the 
     land area of the United States, but contains an estimated 10 
     percent of all energy reserves in the United States, 
     including--
       ``(A) 30 percent of known coal deposits located in the 
     western portion of the United States;

[[Page 5310]]

       ``(B) 5 percent of known onshore oil deposits of the United 
     States; and
       ``(C) 10 percent of known onshore natural gas deposits of 
     the United States;
       ``(4) coal, oil, natural gas, and other energy minerals 
     produced from Indian land represent more than 10 percent of 
     total nationwide onshore production of energy minerals;
       ``(5) in 2000, 9,300,000 barrels of oil, 299,000,000,000 
     cubic feet of natural gas, and 21,400,000 tons of coal were 
     produced from Indian land, representing $700,000,000 in 
     Indian energy revenue;
       ``(6) the Department of the Interior estimates that only 25 
     percent of the oil and less than 20 percent of all natural 
     gas reserves on Indian land have been developed;
       ``(7) the Department of Energy estimates that the wind 
     resources of the Great Plains could meet 75 percent of the 
     electricity demand in the contiguous 48 States;
       ``(8) the development of Indian energy resources would 
     assist--
       ``(A) Indian communities in carrying out community 
     development efforts; and
       ``(B) the United States in securing a greater degree of 
     independence from foreign sources of energy; and
       ``(9) the United States, in accordance with Federal Indian 
     self-determination laws and policies, should assist Indian 
     tribes and individual Indians in developing Indian energy 
     resources.
       ``(b) Purposes.--The purposes of this title are--
       ``(1) to assist Indian tribes and individual Indians in the 
     development of Indian energy resources; and
       ``(2) to further the goal of Indian self-determination, 
     particularly through the development of stronger tribal 
     governments and greater degrees of tribal economic self-
     sufficiency.

     ``SEC. 2602. DEFINITIONS.

       ``In this title:
       ``(1) Commission.--The term `Commission' means the Indian 
     Energy Resource Commission established by section 2606(a).
       ``(2) Director--The term `Director' means the Director of 
     the Office of Indian Energy Policy and Programs.
       ``(3) Indian.--The term `Indian' means an individual member 
     of an Indian tribe who owns land or an interest in land, the 
     title to which land--
       ``(A) is held in trust by the United States; or
       ``(B) is subject to a restriction against alienation 
     imposed by the United States.
       ``(4) Indian land.--The term `Indian land' means--
       ``(A) any land located within the boundaries of an Indian 
     reservation, pueblo, or rancheria;
       ``(B) any land not located within the boundaries of an 
     Indian reservation, pueblo, or rancheria, the title to which 
     is held--
       ``(i) in trust by the United States for the benefit of an 
     Indian tribe;
       ``(ii) by an Indian tribe, subject to restriction by the 
     United States against alienation; or
       ``(iii) by a dependent Indian community; and
       ``(C) land conveyed to a Native Corporation under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
       ``(5) Indian reservation.--The term `Indian reservation' 
     includes--
       ``(A) an Indian reservation in existence as of the date of 
     enactment of this paragraph;
       ``(B) a public domain Indian allotment;
       ``(C) a former reservation in the State of Oklahoma;
       ``(D) a parcel of land owned by a Native Corporation under 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.); and
       ``(E) a dependent Indian community located within the 
     borders of the United States, regardless of whether the 
     community is located--
       ``(i) on original or acquired territory of the community; 
     or
       ``(ii) within or outside the boundaries of any particular 
     State.
       ``(6) Indian tribe.--The term `Indian tribe' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       ``(7) Native corporation.--The term `Native Corporation' 
     has the meaning given the term in section 3 of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1602).
       ``(8) Program.--The term `Program' means the Indian energy 
     resource development program established under section 
     2603(a).
       ``(9) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(10) Tribal consortium.--The term `tribal consortium' 
     means an organization that consists of at least 3 entities, 1 
     of which is an Indian tribe.
       ``(11) Vertical integration of energy resources.--The term 
     `vertical integration of energy resources' means--
       ``(A) the discovery and development of renewable and 
     nonrenewable energy resources;
       ``(B) electricity transmission; and
       ``(C) any other activity that is carried out to achieve the 
     purposes of this title, as determined by the Secretary.

     ``SEC. 2603. INDIAN ENERGY RESOURCE DEVELOPMENT PROGRAM.

       ``(a) In General.--The Secretary shall establish and 
     implement an Indian energy resource development program to 
     assist Indian tribes and tribal consortia in achieving the 
     purposes of this title.
       ``(b) Grants and Loans.--In carrying out the Program, the 
     Secretary shall, at a minimum--
       ``(1) provide development grants to Indian tribes and 
     tribal consortia for use in developing or obtaining the 
     managerial and technical capacity needed to develop energy 
     resources on Indian land;
       ``(2) provide grants to Indian tribes and tribal consortia 
     for use in carrying out projects to promote the vertical 
     integration of energy resources, and to process, use, or 
     develop those energy resources, on Indian land; and
       ``(3) provide low-interest loans to Indian tribes and 
     tribal consortia for use in the promotion of energy resource 
     development and vertical integration or energy resources on 
     Indian land.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2004 through 
     2014.

     ``SEC. 2604. INDIAN TRIBAL RESOURCE REGULATION.

       ``(a) In General.--The Secretary may provide to Indian 
     tribes and tribal consortia, on an annual basis, grants for 
     use in developing, administering, implementing, and enforcing 
     tribal laws (including regulations) governing the development 
     and management of energy resources on Indian land.
       ``(b) Use of Funds.--Funds from a grant provided under this 
     section may be used by an Indian tribe or tribal consortium 
     for--
       ``(1) the development of a tribal energy resource inventory 
     or tribal energy resource;
       ``(2) the development of a feasibility study or other 
     report necessary to the development of energy resources;
       ``(3) the development of tribal laws and technical 
     infrastructure to protect the environment under applicable 
     law; or
       ``(4) the training of employees that--
       ``(A) are engaged in the development of energy resources; 
     or
       ``(B) are responsible for protecting the environment.
       ``(c) Other Assistance.--To the maximum extent practicable, 
     the Secretary and the Secretary of the Interior shall make 
     available to Indian tribes and tribal consortia scientific 
     and technical data for use in the development and management 
     of energy resources on Indian land.

     ``SEC. 2605. LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY 
                   INVOLVING ENERGY DEVELOPMENT OR TRANSMISSION.

       ``(a) In General.--Notwithstanding any other provision of 
     law--
       ``(1) an Indian or Indian tribe may enter into a lease or 
     business agreement for the purpose of energy development, 
     including a lease or business agreement for--
       ``(A) exploration for, extraction of, processing of, or 
     other development of energy resources; and
       ``(B) construction or operation of--
       ``(i) an electric generation, transmission, or distribution 
     facility located on tribal land; or
       ``(ii) a facility to process or refine energy resources 
     developed on tribal land; and
       ``(2) a lease or business agreement described in paragraph 
     (1) shall not require the approval of the Secretary if--
       ``(A) the lease or business agreement is executed under 
     tribal regulations approved by the Secretary under subsection 
     (e); and
       ``(B) the term of the lease or business agreement does not 
     exceed 30 years.
       ``(b) Rights-of-Way for Pipelines or Electric Transmission 
     or Distribution Lines.--An Indian tribe may grant a right-of-
     way over the tribal land of the Indian tribe for a pipeline 
     or an electric transmission or distribution line without 
     specific approval by the Secretary if--
       ``(1) the right-of-way is executed under and complies with 
     tribal regulations approved by the Secretary under subsection 
     (e);
       ``(2) the term of the right-of-way does not exceed 30 
     years; and
       ``(3) the pipeline or electric transmission or distribution 
     line serves--
       ``(A) an electric generation, transmission, or distribution 
     facility located on tribal land; or
       ``(B) a facility located on tribal land that processes or 
     refines renewable or nonrenewable energy resources developed 
     on tribal land.
       ``(c) Renewals.--A lease or business agreement entered into 
     or a right-of-way granted by an Indian tribe under this 
     section may be renewed at the discretion of the Indian tribe 
     in accordance with this section.
       ``(d) Validity.--No lease, business agreement, or right-of-
     way under this section shall be valid unless the lease, 
     business agreement, or right-of-way is authorized in 
     accordance with tribal regulations approved by the Secretary 
     under subsection (e).
       ``(e) Tribal Regulatory Requirements.--
       ``(1) In general.--An Indian tribe may submit to the 
     Secretary for approval tribal regulations governing leases, 
     business agreements, and rights-of-way under this section.
       ``(2) Approval or disapproval.--
       ``(A) In general.--Not later than 120 days after the date 
     on which the Secretary receives tribal regulations submitted 
     by an Indian tribe under paragraph (1) (or such later date as 
     may be agreed to by the Secretary

[[Page 5311]]

     and the Indian tribe), the Secretary shall approve or 
     disapprove the regulations.
       ``(B) Conditions for approval.--The Secretary shall approve 
     tribal regulations submitted under paragraph (1) only if the 
     regulations include provisions that, with respect to a lease, 
     business agreement, or right-of-way under this section--
       ``(i) ensure the acquisition of necessary information from 
     the applicant for the lease, business agreement, or right-of-
     way;
       ``(ii) address the term of the lease or business agreement 
     or the term of conveyance of the right-of-way;
       ``(iii) address amendments and renewals;
       ``(iv) address consideration for the lease, business 
     agreement, or right-of-way;
       ``(v) address technical or other relevant requirements;
       ``(vi) establish requirements for environmental review in 
     accordance with subparagraph (C);
       ``(vii) ensure compliance with all applicable environmental 
     laws;
       ``(viii) identify final approval authority;
       ``(ix) provide for public notification of final approvals; 
     and
       ``(x) establish a process for consultation with any 
     affected States concerning potential off-reservation impacts 
     associated with the lease, business agreement, or right-of-
     way.
       ``(C) Environmental review process.--Tribal regulations 
     submitted under paragraph (1) shall establish, and include 
     provisions to ensure compliance with, an environmental review 
     process that, with respect to a lease, business agreement, or 
     right-of-way under this section, provides for--
       ``(i) the identification and evaluation of all significant 
     environmental impacts (as compared with a no-action 
     alternative);
       ``(ii) the identification of proposed mitigation;
       ``(iii) a process for ensuring that the public is informed 
     of and has an opportunity to comment on any proposed lease, 
     business agreement, or right-of-way before tribal approval of 
     the lease, business agreement, or right-of-way (or any 
     amendment to or renewal of a lease, business agreement, or 
     right-of-way); and
       ``(iv) sufficient administrative support and technical 
     capability to carry out the environmental review process.
       ``(3) Public participation.--The Secretary may provide 
     notice and opportunity for public comment on tribal 
     regulations submitted under paragraph (1).
       ``(4) Disapproval.--If the Secretary disapproves tribal 
     regulations submitted by an Indian tribe under paragraph (1), 
     the Secretary shall--
       ``(A) notify the Indian tribe in writing of the basis for 
     the disapproval;
       ``(B) identify what changes or other actions are required 
     to address the concerns of the Secretary; and
       ``(C) provide the Indian tribe with an opportunity to 
     revise and resubmit the regulations.
       ``(5) Execution of lease or business agreement or granting 
     of right-of-way.-- If an Indian tribe executes a lease or 
     business agreement or grants a right-of-way in accordance 
     with tribal regulations approved under this subsection, the 
     Indian tribe shall provide to the Secretary--
       ``(A) a copy of the lease, business agreement, or right-of-
     way document (including all amendments to and renewals of the 
     document); and
       ``(B) in the case of tribal regulations or a lease, 
     business agreement, or right-of-way that permits payment to 
     be made directly to the Indian tribe, documentation of those 
     payments sufficient to enable the Secretary to discharge the 
     trust responsibility of the United States as appropriate 
     under applicable law.
       ``(6) Liability.--The United States shall not be liable for 
     any loss or injury sustained by any party (including an 
     Indian tribe or any member of an Indian tribe) to a lease, 
     business agreement, or right-of-way executed in accordance 
     with tribal regulations approved under this subsection.
       ``(7) Compliance review.--
       ``(A) In general.--After exhaustion of tribal remedies, any 
     person may submit to the Secretary, in a timely manner, a 
     petition to review compliance of an Indian tribe with tribal 
     regulations of the Indian tribe approved under this 
     subsection.
       ``(B) Action by secretary.--The Secretary shall--
       ``(i) not later than 60 days after the date on which the 
     Secretary receives a petition under subparagraph (A), review 
     compliance of an Indian tribe described in subparagraph (A); 
     and
       ``(ii) on completion of the review, if the Secretary 
     determines that an Indian tribe is not in compliance with 
     tribal regulations approved under this subsection, take such 
     action as is necessary to compel compliance, including--

       ``(I)(aa) rescinding a lease, business agreement, or right-
     of-way under this section; or
       ``(bb) suspending a lease, business agreement, or right-of-
     way under this section until an Indian tribe is in compliance 
     with tribal regulations; and
       ``(II) rescinding approval of the tribal regulations and 
     reassuming the responsibility for approval of leases, 
     business agreements, or rights-of-way associated with an 
     energy pipeline or distribution line described in subsection 
     (b).

       ``(C) Compliance.--If the Secretary seeks to compel 
     compliance of an Indian tribe with tribal regulations under 
     subparagraph (B)(ii), the Secretary shall--
       ``(i) make a written determination that describes the 
     manner in which the tribal regulations have been violated;
       ``(ii) provide the Indian tribe with a written notice of 
     the violation together with the written determination; and
       ``(iii) before taking any action described in subparagraph 
     (B)(ii) or seeking any other remedy, provide the Indian tribe 
     with a hearing and a reasonable opportunity to attain 
     compliance with the tribal regulations.
       ``(D) Appeal.--An Indian tribe described in subparagraph 
     (C) shall retain all rights to appeal as provided in 
     regulations promulgated by the Secretary.
       ``(f) Agreements.--
       ``(1) In general.--Any agreement by an Indian tribe that 
     relates to the development of an electric generation, 
     transmission, or distribution facility, or a facility to 
     process or refine renewable or nonrenewable energy resources 
     developed on tribal land, shall not require the specific 
     approval of the Secretary under section 2103 of the Revised 
     Statutes (25 U.S.C. 81) if the activity that is the subject 
     of the agreement is carried out in accordance with this 
     section.
       ``(2) Liability.--The United States shall not be liable for 
     any loss or injury sustained by any person (including an 
     Indian tribe or any member of an Indian tribe) resulting from 
     an action taken in performance of an agreement entered into 
     under this subsection.
       ``(g) No Effect on Other Law.--Nothing in this section 
     affects the application of any provision of--
       ``(1) the Act of May 11, 1938 (commonly known as the 
     `Indian Mineral Leasing Act of 1938') (25 U.S.C. 396a et 
     seq.);
       ``(2) the Indian Mineral Development Act of 1982 (25 U.S.C. 
     2101 et seq.);
       ``(3) the Surface Mining Control and Reclamation Act of 
     1977 (30 U.S.C. 1201 et seq.); or
       ``(4) any Federal environmental law.

     ``SEC. 2606. INDIAN ENERGY RESOURCE COMMISSION.

       ``(a) Establishment.--There is established a commission to 
     be known as the `Indian Energy Resource Commission'.
       ``(b) Members.--The Commission shall consist of--
       ``(1) 8 members appointed by the Secretary of Interior, 
     based on recommendations submitted by Indian tribes with 
     developable energy resources, at least 4 of whom shall be 
     elected tribal leaders;
       ``(2) 3 members appointed by the Secretary of Interior, 
     based on recommendations submitted by the Governors of States 
     in which are located--
       ``(A) 1 or more Indian reservations; or
       ``(B) Indian land with developable energy resources;
       ``(3) 2 members appointed by the Secretary of Interior from 
     among individuals in the private sector with expertise in 
     tribal and State taxation of energy resources;
       ``(4) 2 members appointed by the Secretary of Interior from 
     among individuals with expertise in oil and gas royalty 
     management administration, including auditing and accounting;
       ``(5) 2 members appointed by the Secretary of Interior from 
     among individuals in the private sector with expertise in 
     energy development;
       ``(6) 1 member appointed by the Secretary of Interior, 
     based on recommendations submitted by national environmental 
     organizations;
       ``(7) the Secretary of the Interior; and
       ``(8) the Secretary.
       ``(c) Appointments.--Members of the Commission shall be 
     appointed not later than 120 days after the date of enactment 
     of the Native American Energy Development and Self-
     Determination Act of 2003.
       ``(d) Vacancies.--A vacancy in the Commission--
       ``(1) shall be filled in the same manner as the original 
     appointment was made; and
       ``(2) shall not affect the powers of the Commission.
       ``(e) Chairperson.--The members of the Commission shall 
     elect a Chairperson from among the members of the Commission.
       ``(f) Quorum.--Eleven members of the Commission shall 
     constitute a quorum, but a lesser number may hold hearings 
     and convene meetings.
       ``(g) Organizational Meeting.--Not later than 30 days after 
     the date on which at least 11 members have been appointed to 
     the Commission, the Commission shall hold an organizational 
     meeting to establish the rules and procedures of the 
     Commission.
       ``(h) Compensation of Members.--
       ``(1) Non-federal employees.--A member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in

[[Page 5312]]

     the performance of the duties of the Commission.
       ``(2) Federal employees.--A member of the Commission who is 
     an officer or employee of the Federal Government shall serve 
     without compensation in addition to the compensation received 
     for the services of the member as an officer or employee of 
     the Federal Government.
       ``(i) Travel Expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       ``(j) Staff.--
       ``(1) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws (including 
     regulations), appoint and terminate an executive director and 
     such other additional personnel as are necessary to enable 
     the Commission to perform the duties of the Commission.
       ``(2) Confirmation of executive director.--The employment 
     of an executive director shall be subject to confirmation by 
     the Commission.
       ``(3) Compensation.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Chairperson of the Commission may fix the compensation of 
     the executive director and other personnel without regard to 
     the provisions of chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates.
       ``(B) Maximum rate of pay.--The rate of pay for the 
     executive director and other personnel shall not exceed the 
     rate payable for level IV of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       ``(4) Experts and consultants.--With the approval of the 
     Commission, the executive director may retain and fix the 
     compensation of experts and consultants as the executive 
     director considered necessary to carry out the duties of the 
     Commission.
       ``(5) Detail of federal government employees.--
       ``(A) In general.--An employee of the Federal Government 
     may be detailed to the Commission without reimbursement.
       ``(B) Civil service status.--The detail of the employee 
     shall be without interruption or loss of civil service status 
     or privilege.
       ``(k) Duties of Commission.--The Commission shall--
       ``(1) develop proposals to address dual taxation by Indian 
     tribes and States of the extraction of energy minerals on 
     Indian land;
       ``(2) make recommendations to improve the management, 
     administration, accounting, and auditing of royalties 
     associated with the production of energy minerals on Indian 
     land;
       ``(3) develop alternatives for the collection and 
     distribution of royalties associated with the production of 
     energy minerals on Indian land;
       ``(4) develop proposals for incentives to foster the 
     development of energy resources on Indian land;
       ``(5) identify barriers or obstacles to the development of 
     energy resources on Indian land, and make recommendations 
     designed to foster the development of energy resources on 
     Indian land, in order to promote economic development;
       ``(6) develop proposals for the promotion of vertical 
     integration of energy resources on Indian land; and
       ``(7) develop proposals on taxation incentives to foster 
     the development of energy resources on Indian land, including 
     investment tax credits and enterprise zone credits.
       ``(l) Powers of Commission.--The Commission or, at the 
     direction of the Commission, any subcommittee or member of 
     the Commission, may, for the purpose of carrying out this 
     title--
       ``(1) hold such hearings, meet and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths;
       ``(2) secure directly from any Federal agency such 
     information; and
       ``(3) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials;
     as the Commission, subcommittee, or member considers 
     advisable.
       ``(m) Commission Report.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the Native American Energy Development and Self-
     Determination Act of 2003, the Commission shall submit to the 
     President, the Committee on Resources of the House of 
     Representatives, and the Committee on Indian Affairs and the 
     Committee on Energy and Natural Resources of the Senate, a 
     report that describes the proposals, recommendations, and 
     alternatives described in subsection (k).
       ``(2) Review and comment.--Before submission of the report 
     required under this subsection, the Chairperson of the 
     Commission shall provide to each interested Indian tribe and 
     each State in which is located 1 or more Indian reservations 
     or Indian land with developable energy resources, a draft of 
     the report for review and comment.
       ``(n) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Commission such sums as 
     are necessary to carry out this section, to remain available 
     until expended.
       ``(o) Termination.--The Commission shall terminate 30 days 
     after the date of submission of the report under subsection 
     (m)(1).

     ``SEC. 2607. ENERGY EFFICIENCY AND STRUCTURES ON INDIAN LAND.

       ``(a) Technical Assistance to Nonprofit and Community 
     Organizations.--The Secretary of Housing and Urban 
     Development, in cooperation with Indian tribes or tribally-
     designated housing entities of Indian tribes, shall provide, 
     to eligible (as determined by the Secretary of Housing and 
     Urban Development) nonprofit and community organizations, 
     technical assistance to initiate and expand the use of 
     energy-saving technologies in--
       ``(1) new home construction;
       ``(2) housing rehabilitation; and
       ``(3) housing in existence as of the date of enactment of 
     the Native American Energy Development and Self-Determination 
     Act of 2003.
       ``(b) Review.--The Secretary of Housing and Urban 
     Development and the Secretary of the Interior, in 
     consultation with Indian tribes or tribally-designated 
     housing entities of Indian tribes, shall--
       ``(1) complete a review of regulations promulgated by the 
     Secretary of Housing and Urban Development and the Secretary 
     of the Interior to identify any feasible measures that may be 
     taken to promote greater use of energy efficient technologies 
     in housing for which Federal assistance is provided under the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4101 et seq.);
       ``(2) develop energy efficiency and conservation measures 
     for use in connection with housing that is--
       ``(A) located on Indian land; and
       ``(B) constructed, repaired, or rehabilitated using 
     assistance provided under any law or program administered by 
     the Secretary of Housing and Urban Development or the 
     Secretary of the Interior, including--
       ``(i) the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
       ``(ii) the Indian Home Improvement Program of the Bureau of 
     Indian Affairs; and
       ``(3) promote the use of the measures described in 
     paragraph (2) in programs administered by the Secretary of 
     Housing and Urban Development and the Secretary of the 
     Interior, as appropriate.

     ``SEC. 2608. INDIAN MINERAL DEVELOPMENT REVIEW BY SECRETARY 
                   OF THE INTERIOR.

       ``(a) In General.--As soon as practicable after the date of 
     enactment of the Native American Energy Development and Self-
     Determination Act of 2003, the Secretary of the Interior 
     shall conduct and provide to the Secretary a review of all 
     activities being conducted under the Indian Mineral 
     Development Act of 1982 (25 U.S.C. 2101 et seq.) as of that 
     date.
       ``(b) Report.--Not later than 1 year after the date of 
     enactment of the Native American Energy Development and Self-
     Determination Act of 2003, the Secretary shall submit to the 
     Committee on Resources and the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Indian Affairs and the Committee on Energy and Natural 
     Resources of the Senate a report that includes--
       ``(1) the results of the review;
       ``(2) recommendations to ensure that Indian tribes have the 
     opportunity to develop Indian energy resources; and
       ``(3)(A) an analysis of the barriers to the development of 
     energy resources on Indian land (including legal, fiscal, 
     market, and other barriers); and
       ``(B) recommendations for the removal of those barriers.

     ``SEC. 2609. INDIAN ENERGY STUDY BY SECRETARY OF ENERGY.

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of the Native American Energy Development and Self-
     Determination Act of 2003, and every 2 years thereafter, the 
     Secretary shall submit to the Committees on Energy and 
     Commerce and Resources of the House of Representatives and 
     the Committee on Energy and Natural Resources and the 
     Committee on Indian Affairs of the Senate a report on energy 
     development potential on Indian land.
       ``(b) Requirements.--The report shall--
       ``(1) identify barriers to the development of renewable 
     energy by Indian tribes (including legal, regulatory, fiscal, 
     and market barriers); and
       ``(2) include recommendations for the removal of those 
     barriers.

     ``SEC. 2610. CONSULTATION WITH INDIAN TRIBES.

       ``In carrying out this title, the Secretary and the 
     Secretary of Interior shall, as appropriate and to the 
     maximum extent practicable, involve and consult with Indian 
     tribes in a manner that is consistent with the Federal trust 
     and the government-to-government relationships between Indian 
     tribes and the Federal Government.''.
       (b) Energy Efficiency in Federally-Assisted Housing.--
       (1) Finding.--Congress finds that the Secretary of Housing 
     and Urban Development

[[Page 5313]]

     should promote energy conservation in housing that is located 
     on Indian land and assisted with Federal resources through--
       (A) the use of energy-efficient technologies and 
     innovations (including the procurement of energy-efficient 
     refrigerators and other appliances);
       (B) the promotion of shared savings contracts; and
       (C) the use and implementation of such other similar 
     technologies and innovations as the Secretary of Housing and 
     Urban Development considers to be appropriate.
       (2) Amendment.--Section 202(2) of the Native American 
     Housing and Self-Determination Act of 1996 (25 U.S.C. 
     4132(2)) is amended by inserting ``improvement to achieve 
     greater energy efficiency,'' after ``planning,''.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 523. A bill to make technical corrections to law relating to 
Native Americans, and for other purposes; to the Committee on Indian 
Affairs.
  Mr. CAMPBELL. Mr. President, today I am introducing the Indian 
Technical Corrections Act of 2003 to provide routine and 
noncontroversial amendments to Federal statutes affecting Indian tribes 
and Indian people.
  The vast majority of these amendments were included in legislation in 
the last session of Congress that failed to be enacted.
  Though modest, this bill provides real relief to the many tribes that 
seek Congress' assistance.
  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. 523

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

     SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Native 
     American Technical Corrections Act of 2003''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

 TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                               AMERICANS

                    Subtitle A--Technical Amendments

Sec. 101. Ute Mountain Ute Tribe; oil shale reserve.
Sec. 102. Bosque Redondo Memorial Act.
Sec. 103. Navajo-Hopi Land Settlement Act.
Sec. 104. Cow Creek Band of Umpqua Indians.
Sec. 105. Pueblo de Cochiti; modification of settlement.
Sec. 106. Chippewa Cree Tribe; modification of settlement.
Sec. 107. Mississippi Band of Choctaw Indians.

       Subtitle B--Other Provisions Relating to Native Americans

Sec. 111. Barona Band of Mission Indians; facilitation of construction 
              of pipeline to provide water for emergency fire 
              suppression and other purposes.
Sec. 112. Conveyance of Native Alaskan objects.
Sec. 113. Oglala Sioux Tribe; waiver of repayment of expert assistance 
              loans.
Sec. 114. Pueblo of Acoma; land and mineral consolidation.
Sec. 115. Pueblo of Santo Domingo; waiver of repayment of expert 
              assistance loans.
Sec. 116. Quinault Indian Nation; water feasibility study.
Sec. 117. Santee Sioux Tribe; study and report.
Sec. 118. Seminole Tribe of Oklahoma; waiver of repayment of expert 
              assistance loans.
Sec. 119. Shakopee Mdewakanton Sioux Community.

      TITLE II--PUEBLO OF SANTA CLARA AND PUEBLO OF SAN ILDEFONSO

Sec. 201. Definitions.
Sec. 202. Trust for the Pueblo of Santa Clara, New Mexico.
Sec. 203. Trust for the Pueblo of San Ildefonso, New Mexico.
Sec. 204. Survey and legal descriptions.
Sec. 205. Administration of trust land.
Sec. 206. Effect.
Sec. 207. Gaming.

     TITLE III--DISTRIBUTION OF QUINAULT PERMANENT FISHERIES FUNDS

Sec. 301. Distribution of judgment funds.
Sec. 302. Conditions for distribution.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, except as otherwise provided in this Act, the 
     term ``Secretary'' means the Secretary of the Interior.

 TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                               AMERICANS

                    Subtitle A--Technical Amendments

     SEC. 101. UTE MOUNTAIN UTE TRIBE; OIL SHALE RESERVE.

       Section 3405(c) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note; 
     Public Law 105-261) is amended by striking paragraph (3) and 
     inserting the following:
       ``(3) With respect to the land conveyed to the Tribe under 
     subsection (b)--
       ``(A) the land shall not be subject to any Federal 
     restriction on alienation; and
       ``(B) no grant, lease, exploration or development 
     agreement, or other conveyance of the land (or any interest 
     in the land) that is authorized by the governing body of the 
     Tribe shall be subject to approval by the Secretary of the 
     Interior or any other Federal official.''.

     SEC. 102. BOSQUE REDONDO MEMORIAL ACT.

       Section 206 of the Bosque Redondo Memorial Act (16 U.S.C. 
     431 note; Public Law 106-511) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``2000'' and inserting 
     ``2004''; and
       (B) in paragraph (2), by striking ``2001 and 2002'' and 
     inserting ``2005 and 2006''; and
       (2) in subsection (b), by striking ``2002'' and inserting 
     ``2007,''.

     SEC. 103. NAVAJO-HOPI LAND SETTLEMENT ACT.

       Section 25(a)(8) of Public Law 93-531 (commonly known as 
     the ``Navajo-Hopi Land Settlement Act of 1974'') (25 
     U.S.C.40d-24(a) (8)) is amended by striking ``annually for 
     fiscal years 1995, 1996, 1997, 1998, 1999, and 2000'' and 
     inserting ``for each of fiscal years 2003 through 2008''.

     SEC. 104. COW CREEK BAND OF UMPQUA INDIANS.

       Section 7 of the Cow Creek Band of Umpqua Tribe of Indians 
     Recognition Act (25 U.S.C. 712e) is amended in the third 
     sentence by inserting before the period at the end the 
     following: ``, and shall be treated as on-reservation land 
     for the purpose of processing acquisitions of real property 
     into trust''.

     SEC. 105. PUEBLO DE COCHITI; MODIFICATION OF SETTLEMENT.

       Section 1 of Public Law 102-358 (106 Stat. 960) is 
     amended--
       (1) by striking ``implement the settlement'' and inserting 
     the following: ``implement--
       ``(1) the settlement;'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(2) the modifications regarding the use of the settlement 
     funds as described in the agreement known as the `First 
     Amendment to Operation and Maintenance Agreement for 
     Implementation of Cochiti Wetlands Solution', executed--
       ``(A) on October 22, 2001, by the Army Corps of Engineers;
       ``(B) on October 25, 2001, by the Pueblo de Cochiti of New 
     Mexico; and
       ``(C) on November 8, 2001, by the Secretary of the 
     Interior.''.

     SEC. 106. CHIPPEWA CREE TRIBE; MODIFICATION OF SETTLEMENT.

       (a) In General.--Section 101(b)(3) of the Chippewa Cree 
     Tribe of The Rocky Boy's Reservation Indian Reserved Water 
     Rights Settlement and Water Supply Enhancement Act of 1999 
     (Public Law 106-163; 113 Stat. 1782) is amended by striking 
     ``3 years'' and inserting ``6 years''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to any decree described in section 101(b)(1) of 
     the Chippewa Cree Tribe of The Rocky Boy's Reservation Indian 
     Reserved Water Rights Settlement and Water Supply Enhancement 
     Act of 1999 (Public Law 106-163; 113 Stat. 1782) entered into 
     on or after December 9, 1999.

     SEC. 107. MISSISSIPPI BAND OF CHOCTAW INDIANS.

       Section 1(a)(2) of Public Law 106-228 (114 Stat. 462) is 
     amended by striking ``report entitled'' and all that follows 
     through ``is hereby declared'' and inserting the following: 
     ``report entitled `Report of May 17, 2002, Clarifying and 
     Correcting Legal Descriptions or Recording Information for 
     Certain Lands placed into Trust and Reservation Status for 
     the Mississippi Band of Choctaw Indians by Section 1(a)(2) of 
     Pub. L. 106-228, as amended by Title VIII, Section 811 of 
     Pub. L. 106-568', on file in the Office of the 
     Superintendent, Choctaw Agency, Bureau of Indian Affairs, 
     Department of the Interior, is declared''.

       Subtitle B--Other Provisions Relating to Native Americans

     SEC. 111. BARONA BAND OF MISSION INDIANS; FACILITATION OF 
                   CONSTRUCTION OF PIPELINE TO PROVIDE WATER FOR 
                   EMERGENCY FIRE SUPPRESSION AND OTHER PURPOSES.

       (a) In General.--Notwithstanding any other provision of 
     law, subject to valid existing rights under Federal and State 
     law, and to any easements or similar restrictions which may 
     be granted to the city of San Diego, California, for the 
     construction, operation and maintenance of a pipeline and 
     related appurtenances and facilities for conveying water from 
     the San Vicente Reservoir to the Barona Indian Reservation, 
     or for conservation, wildlife or habitat protection, or 
     related purposes, the land described in subsection (b), fee 
     title to which is held by the Barona Band of Mission Indians 
     of California (referred to in this section as the ``Band'')--
       (1) is declared to be held in trust by the United States 
     for the benefit of the Band; and

[[Page 5314]]

       (2) shall be considered to be a portion of the reservation 
     of the Band.
       (b) Land.--The land referred to in subsection (a) is land 
     comprising approximately 85 acres in San Diego County, 
     California, and described more particularly as follows: San 
     Bernardino Base and Meridian; T. 14 S., R. 1 E.; sec. 21: 
     W\1/2\ SE\1/4\, 68 acres; NW\1/4\ NW\1/4\, 17 acres.
       (c) Gaming.--The land taken into trust by subsection (a) 
     shall neither be considered to have been taken into trust for 
     gaming, nor be used for gaming (as that term is used in the 
     Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).

     SEC. 112. CONVEYANCE OF NATIVE ALASKAN OBJECTS.

       Notwithstanding any provision of law affecting the disposal 
     of Federal property, on the request of the Chugach Alaska 
     Corporation or Sealaska Corporation, the Secretary of 
     Agriculture shall convey to whichever of those corporations 
     that has received title to a cemetery site or historical 
     place on National Forest System land conveyed under section 
     14(h)(1) of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1613(h)(1)) all artifacts, physical remains, and 
     copies of any available field records that--
       (1)(A) are in the possession of the Secretary of 
     Agriculture; and
       (B) have been collected from the cemetery site or 
     historical place; but
       (2) are not required to be conveyed in accordance with the 
     Native American Graves Protection and Repatriation Act (25 
     U.S.C. 3001 et seq.) or any other applicable law.

     SEC. 113. OGLALA SIOUX TRIBE; WAIVER OF REPAYMENT OF EXPERT 
                   ASSISTANCE LOANS.

       Notwithstanding any other provision of law--
       (1) the balances of all outstanding expert assistance loans 
     made to the Oglala Sioux Tribe under Public Law 88-168 (77 
     Stat. 301), and relating to Oglala Sioux Tribe v. United 
     States (Docket No. 117 of the United States Court of Federal 
     Claims), including all principal and interest, are canceled; 
     and
       (2) the Secretary shall take such action as is necessary 
     to--
       (A) document the cancellation under paragraph (1); and
       (B) release the Oglala Sioux Tribe from any liability 
     associated with any loan described in paragraph (1).

     SEC. 114. PUEBLO OF ACOMA; LAND AND MINERAL CONSOLIDATION.

       (a) Definition of Bidding or Royalty Credit.--The term 
     ``bidding or royalty credit'' means a legal instrument or 
     other written documentation, or an entry in an account 
     managed by the Secretary, that may be used in lieu of any 
     other monetary payment for--
       (1) a bonus bid for a lease sale on the outer Continental 
     Shelf; or
       (2) a royalty due on oil or gas production;
     for any lease located on the outer Continental Shelf outside 
     the zone defined and governed by section 8(g)(2) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1337(g)(2)).
       (b) Authority.--Notwithstanding any other provision of law, 
     the Secretary may acquire any nontribal interest in or to 
     land (including an interest in mineral or other surface or 
     subsurface rights) within the boundaries of the Acoma Indian 
     Reservation for the purpose of carrying out Public Law 107-
     138 (116 Stat. 6) by issuing bidding or royalty credits under 
     this section in an amount equal to the value of the interest 
     acquired by the Secretary, as determined under section 1(a) 
     of Public Law 107-138 (116 Stat. 6).
       (c) Use of Bidding and Royalty Credits.--On issuance by the 
     Secretary of a bidding or royalty credit under subsection 
     (b), the bidding or royalty credit--
       (1) may be freely transferred to any other person (except 
     that, before any such transfer, the transferor shall notify 
     the Secretary of the transfer by such method as the Secretary 
     may specify); and
       (2) shall remain available for use by any other person 
     during the 5-year period beginning on the date of issuance by 
     the Secretary of the bidding or royalty credit.

     SEC. 115. PUEBLO OF SANTO DOMINGO; WAIVER OF REPAYMENT OF 
                   EXPERT ASSISTANCE LOANS.

       Notwithstanding any other provision of law--
       (1) the balances of all expert assistance loans made to the 
     Pueblo of Santo Domingo under Public Law 88-168 (77 Stat. 
     301), and relating to Pueblo of Santo Domingo v. United 
     States (Docket No.355 of the United States Court of Federal 
     Claims), including all principal and interest, are canceled; 
     and
       (2) the Secretary shall take such action as is necessary 
     to--
       (A) document the cancellation under paragraph (1); and
       (B) release the Pueblo of Santo Domingo from any liability 
     associated with any loan described in paragraph (1).

     SEC. 116. QUINAULT INDIAN NATION; WATER FEASIBILITY STUDY.

       (a) In General.--The Secretary may carry out a water 
     source, quantity, and quality feasibility study for the 
     Quinault Indian Nation, to identify ways to meet the current 
     and future domestic and commercial water supply and 
     distribution needs of the Quinault Indian Nation on the 
     Olympic Peninsula, Washington.
       (b) Public Availability of Results.--As soon as practicable 
     after completion of a feasibility study under subsection (a), 
     the Secretary shall--
       (1) publish in the Federal Register a notice of the 
     availability of the results of the feasibility study; and
       (2) make available to the public, on request, the results 
     of the feasibility study.

     SEC. 117. SANTEE SIOUX TRIBE; STUDY AND REPORT.

       (a) Study.--Pursuant to reclamation laws, the Secretary, 
     acting through the Bureau of Reclamation and in consultation 
     with the Santee Sioux Tribe of Nebraska (referred to in this 
     subtitle as the ``Tribe''), shall conduct a feasibility study 
     to determine the most feasible method of developing a safe 
     and adequate municipal, rural, and industrial water treatment 
     and distribution system for the Santee Sioux Tribe of 
     Nebraska that could serve the tribal community and adjacent 
     communities and incorporate population growth and economic 
     development activities for a period of 40 years.
       (b) Cooperative Agreement.--At the request of the Tribe, 
     the Secretary shall enter into a cooperative agreement with 
     the Tribe for activities necessary to conduct the study 
     required by subsection (a) regarding which the Tribe has 
     unique expertise or knowledge.
       (c) Report.--Not later than 1 year after funds are made 
     available to carry out this subtitle, the Secretary shall 
     submit to Congress a report containing the results of the 
     study required by subsection (a).
       (d) Authorization of Appropriations.--There is authorized 
     to be appropropriated to the Secretary to carry out this 
     section $500,000, to remain available until expended.

     SEC. 118. SEMINOLE TRIBE OF OKLAHOMA; WAIVER OF REPAYMENT OF 
                   EXPERT ASSISTANCE LOANS.

       Notwithstanding any other provision of law--
       (1) the balances of all outstanding expert assistance loans 
     made to the Seminole Tribe of Oklahoma under Public Law 88-
     168 (77 Stat. 301), and relating to Seminole Tribe of 
     Oklahoma v. United States (Docket No.247 of the United States 
     Court of Federal Claims), including all principal and 
     interest, are canceled; and
       (2) the Secretary shall take such action as is necessary 
     to--
       (A) document the cancellation under paragraph (1); and
       (B) release the Seminole Tribe of Oklahoma from any 
     liability associated with any loan described in paragraph 
     (1).

     SEC. 119. SHAKOPEE MDEWAKANTON SIOUX COMMUNITY.

       (a) In General.--Notwithstanding any other provision of 
     law, without further authorization by the United States, the 
     Shakopee Mdewakanton Sioux Community in the State of 
     Minnesota (referred to in this section as the ``Community'') 
     may lease, sell, convey, warrant, or otherwise transfer all 
     or any part of the interest of the Community in or to any 
     real property that is not held in trust by the United States 
     for the benefit of the Community.
       (b) No Effect on Trust Land.--Nothing in this section--
       (1) authorizes the Community to lease, sell, convey, 
     warrant, or otherwise transfer all or part of an interest in 
     any real property that is held in trust by the United States 
     for the benefit of the Community; or
       (2) affects the operation of any law governing leasing, 
     selling, conveying, warranting, or otherwise transferring any 
     interest in that trust land.

      TITLE II--PUEBLO OF SANTA CLARA AND PUEBLO OF SAN ILDEFONSO

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Agreement.--The term ``Agreement'' means the agreement 
     entitled ``Agreement to Affirm Boundary Between Pueblo of 
     Santa Clara and Pueblo of San Ildefonso Aboriginal Lands 
     Within Garcia Canyon Tract'', entered into by the Governors 
     on December 20, 2000.
       (2) Boundary line.--The term ``boundary line'' means the 
     boundary line established under section 204(a).
       (3) Governors.--The term ``Governors'' means--
       (A) the Governor of the Pueblo of Santa Clara, New Mexico; 
     and
       (B) the Governor of the Pueblo of San Ildefonso, New 
     Mexico.
       (4) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (5) Pueblos.--The term ``Pueblos'' means--
       (A) the Pueblo of Santa Clara, New Mexico; and
       (B) the Pueblo of San Ildefonso, New Mexico.
       (6) Trust land.--The term ``trust land'' means the land 
     held by the United States in trust under section 202(a) or 
     203(a).

     SEC. 202. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO.

       (a) In General.--All right, title, and interest of the 
     United States in and to the land described in subsection (b), 
     including improvements on, appurtenances to, and mineral 
     rights (including rights to oil and gas) to the land, shall 
     be held by the United States in trust for the Pueblo of Santa 
     Clara, New Mexico.

[[Page 5315]]

       (b) Description of Land.--The land referred to in 
     subsection (a) consists of approximately 2,484 acres of 
     Bureau of Land Management land located in Rio Arriba County, 
     New Mexico, and more particularly described as--
       (1) the portion of T. 20 N., R. 7 E., sec. 22, New Mexico 
     Principal Meridian, that is located north of the boundary 
     line;
       (2) the southern half of T. 20 N., R. 7 E., sec. 23, New 
     Mexico Principal Meridian;
       (3) the southern half of T. 20 N., R. 7 E., sec. 24, New 
     Mexico Principal Meridian;
       (4) T. 20 N., R. 7 E., sec. 25, excluding the 5-acre tract 
     in the southeast quarter owned by the Pueblo of San 
     Ildefonso;
       (5) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico 
     Principal Meridian, that is located north and east of the 
     boundary line;
       (6) the portion of T. 20 N., R. 7 E., sec. 27, New Mexico 
     Principal Meridian, that is located north of the boundary 
     line;
       (7) the portion of T. 20 N., R. 8 E., sec. 19, New Mexico 
     Principal Meridian, that is not included in the Santa Clara 
     Pueblo Grant or the Santa Clara Indian Reservation; and
       (8) the portion of T. 20 N., R. 8 E., sec. 30, that is not 
     included in the Santa Clara Pueblo Grant or the San Ildefonso 
     Grant.

     SEC. 203. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO.

       (a) In General.--All right, title, and interest of the 
     United States in and to the land described in subsection (b), 
     including improvements on, appurtenances to, and mineral 
     rights (including rights to oil and gas) to the land, shall 
     be held by the United States in trust for the Pueblo of San 
     Ildefonso, New Mexico.
       (b) Description of Land.--The land referred to in 
     subsection (a) consists of approximately 2,000 acres of 
     Bureau of Land Management land located in Rio Arriba County 
     and Santa Fe County in the State of New Mexico, and more 
     particularly described as--
       (1) the portion of T. 20 N., R. 7 E., sec. 22, New Mexico 
     Principal Meridian, that is located south of the boundary 
     line;
       (2) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico 
     Principal Meridian, that is located south and west of the 
     boundary line;
       (3) the portion of T. 20 N., R. 7 E., sec. 27, New Mexico 
     Principal Meridian, that is located south of the boundary 
     line;
       (4) T. 20 N., R. 7 E., sec. 34, New Mexico Principal 
     Meridian; and
       (5) the portion of T. 20 N., R. 7 E., sec. 35, New Mexico 
     Principal Meridian, that is not included in the San Ildefonso 
     Pueblo Grant.

     SEC. 204. SURVEY AND LEGAL DESCRIPTIONS.

       (a) Survey.--Not later than 180 days after the date of 
     enactment of this Act, the Office of Cadastral Survey of the 
     Bureau of Land Management shall, in accordance with the 
     Agreement, complete a survey of the boundary line established 
     under the Agreement for the purpose of establishing, in 
     accordance with sections 3102(b) and 3103(b), the boundaries 
     of the trust land.
       (b) Legal Descriptions.--
       (1) Publication.--On approval by the Governors of the 
     survey completed under subsection (a), the Secretary shall 
     publish in the Federal Register--
       (A) a legal description of the boundary line; and
       (B) legal descriptions of the trust land.
       (2) Technical corrections.--Before the date on which the 
     legal descriptions are published under paragraph (1)(B), the 
     Secretary may correct any technical errors in the 
     descriptions of the trust land provided in sections 3102(b) 
     and 3103(b) to ensure that the descriptions are consistent 
     with the terms of the Agreement.
       (3) Effect.--Beginning on the date on which the legal 
     descriptions are published under paragraph (1)(B), the legal 
     descriptions shall be the official legal descriptions of the 
     trust land.

     SEC. 205. ADMINISTRATION OF TRUST LAND.

       (a) In General.--Effective beginning on the date of 
     enactment of this Act--
       (1) the land held in trust under section 202(a) shall be 
     declared to be a part of the Santa Clara Indian Reservation; 
     and
       (2) the land held in trust under section 203(a) shall be 
     declared to be a part of the San Ildefonso Indian 
     Reservation.
       (b) Applicable Law.--
       (1) In general.--The trust land shall be administered in 
     accordance with any law (including regulations) or court 
     order generally applicable to property held in trust by the 
     United States for Indian tribes.
       (2) Pueblo lands act.--The following shall be subject to 
     section 17 of the Act of June 7, 1924 (commonly known as the 
     ``Pueblo Lands Act'') (25 U.S.C. 331 note):
       (A) The trust land.
       (B) Any land owned as of the date of enactment of this Act 
     or acquired after the date of enactment of this Act by the 
     Pueblo of Santa Clara in the Santa, Clara Pueblo Grant.
       (C) Any land owned as of the date of enactment of this Act 
     or acquired after the date of enactment of this Act by the 
     Pueblo of San Ildefonso in the San Ildefonso Pueblo Grant.
       (c) Use of Trust Land.--
       (1) In general.--Subject to the criteria developed under 
     paragraph (2), the trust land may be used only for--
       (A) traditional and customary uses; or
       (B) stewardship conservation for the benefit of the Pueblo 
     for which the trust land is held in trust.
       (2) Criteria.--The Secretary shall work with the Pueblos to 
     develop appropriate criteria for using the trust land in a 
     manner that preserves the trust land for traditional and 
     customary uses or stewardship conservation.
       (3) Limitation.--Beginning on the date of enactment of this 
     Act, the trust land shall not be used for any new commercial 
     developments.

     SEC. 206. EFFECT.

       Nothing in this title--
       (1) affects any valid right-of-way, lease, permit, mining 
     claim, grazing permit, water right, or other right or 
     interest of a person or entity (other than the United States) 
     that is--
       (A) in or to the trust land; and
       (B) in existence before the date of enactment of this Act;
       (2) enlarges, impairs, or otherwise affects a right or 
     claim of the Pueblos to any land or interest in land that 
     is--
       (A) based on Aboriginal or Indian title; and
       (B) in existence before the date of enactment of this Act;
       (3) constitutes an express or implied reservation of water 
     or water right with respect to the trust land; or
       (4) affects any water right of the Pueblos in existence 
     before the date of enactment of this Act.

     SEC. 207. GAMING.

       Land taken into trust under this title shall neither be 
     considered to have been taken into trust, nor be used for, 
     gaming (as that term is used in the Indian Gaming Regulatory 
     Act (25 U.S.C. 2701 et seq.)).

     TITLE III--DISTRIBUTION OF QUINAULT PERMANENT FISHERIES FUNDS

     SEC. 301. DISTRIBUTION OF JUDGMENT FUNDS.

       (a) Funds To Be Deposited Into Separate Accounts.--
       (1) In general.--Subject to section 302, not later than 30 
     days after the date of enactment of this Act, the funds 
     appropriated on September 19, 1989, in satisfaction of an 
     award granted to the Quinault Indian Nation under Dockets 
     772-71, 773-71, 774-71, and 775-71 before the United States 
     Claims Court, less attorney fees and litigation expenses, and 
     including all interest accrued to the date of disbursement, 
     shall be distributed by the Secretary and deposited into 3 
     separate accounts to be established and maintained by the 
     Quinault Indian Nation (referred to in this title as the 
     ``Tribe'') in accordance with this subsection.
       (2) Account for principal amount.--
       (A) In general.--The Tribe shall--
       (i) establish an account for the principal amount of the 
     judgment funds; and
       (ii) use those funds to establish a Permanent Fisheries 
     Fund.
       (B) Use and investment.--The principal amount described in 
     subparagraph (A)(i)--
       (i) except as provided in subparagraph (A)(ii), shall not 
     be expended by the Tribe; and
       (ii) shall be invested by the Tribe in accordance with the 
     investment policy of the Tribe.
       (3) Account for investment income.--
       (A) In general.--The Tribe shall establish an account for, 
     and deposit in the account, all investment income earned on 
     amounts in the Permanent Fisheries Fund established under 
     paragraph (2)(A)(ii) after the date of distribution of the 
     funds to the Tribe under paragraph (1).
       (B) Use of funds.--Funds deposited in the account 
     established under subparagraph (A) shall be available to the 
     Tribe--
       (i) subject to subparagraph (C), to carry out fisheries 
     enhancement projects; and
       (ii) pay expenses incurred in administering the Permanent 
     Fisheries Fund established under paragraph (2)(A)(ii).
       (C) Specification of projects.--Each fisheries enhancement 
     project carried out under subparagraph (B)(i) shall be 
     specified in the approved annual budget of the Tribe.
       (4) Account for income on judgment funds.--
       (A) In general.--The Tribe shall establish an account for, 
     and deposit in the account, all investment income earned on 
     the judgment funds described in subsection (a) during the 
     period beginning on September 19, 1989, and ending on the 
     date of distribution of the funds to the Tribe under 
     paragraph (1).
       (B) Use of funds.--
       (i) In general.--Subject to clause (ii), funds deposited in 
     the account established under subparagraph (A) shall be 
     available to the Tribe for use in carrying out tribal 
     government activities.
       (ii) Specification of activities.--Each tribal government 
     activity carried out under clause (i) shall be specified in 
     the approved annual budget of the Tribe.
       (b) Determination of Amount of Funds Available.--Subject to 
     compliance by the Tribe with paragraphs (3)(C) and (4)(B)(ii) 
     of subsection (a), the Quinault Business Committee, as the 
     governing body of the Tribe, may determine the amount of 
     funds available for expenditure under paragraphs (3) and (4) 
     of subsection (a).
       (c) Annual Audit.--The records and investment activities of 
     the 3 accounts established under subsection (a) shall--

[[Page 5316]]

       (1) be maintained separately by the Tribe; and
       (2) be subject to an annual audit.
       (d) Reporting of Investment Activities and Expenditures.--
     Not later than 120 days after the date on which each fiscal 
     year of the Tribe ends, the Tribe shall make available to 
     members of the Tribe a full accounting of the investment 
     activities and expenditures of the Tribe with respect to each 
     fund established under this section (which may be in the form 
     of the annual audit described in subsection (c)) for the 
     fiscal year.

     SEC. 302. CONDITIONS FOR DISTRIBUTION.

       (a) United States Liability.--On disbursement to the Tribe 
     of the funds under section 301(a), the United States shall 
     bear no trust responsibility or liability for the investment, 
     supervision, administration, or expenditure of the funds.
       (b) Application of Other Law.--All funds distributed under 
     this title shall be subject to section 7 of the Indian Tribal 
     Judgment Funds Use or Distribution Act (25 U.S.C. 1407).
                                 ______
                                 
      By Mr. LEVIN (for himself, Ms. Collins, Mr. DeWine, Ms. Stabenow, 
        Mr. Reed, Mr. Inouye, Mr. Voinovich, Mr. Kennedy, Mr. Leahy, 
        Ms. Cantwell, Mr. Jeffords, Mr. Warner, Mr. Akaka, Mr. 
        Fitzgerald, Mr. Durbin, and Mr. Bayh):
  S. 525. A bill to amend the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 to reauthorize and improve that Act; to the 
Committee on Environment and Public Works.
  Mr. LEVIN. Mr. President, today, my colleague from Maine, Senator 
Collins and I are very pleased to introduce the National Aquatic 
Invasive Species Act of 2003. This bill, which reauthorizes the 
Nonindigenous Aquatic Nuisance Prevention and Control Act, takes a 
comprehensive approach towards addressing aquatic nuisance species to 
protect the Nation's waters. This bill deals with the prevention of new 
introductions, the screening of new aquatic organisms coming into the 
country, the rapid response to new invasions, and the research to 
implement the provisions of this bill.
  The problem of invasive species is a very real one. Over the past 450 
years, during colonization and development of this country, more than 
6,500 nonindigenous invasive species have been introduced into the 
United States and have become established, self-sustaining populations. 
These species--from microorganisms to mollusks, from pathogens to 
plants, from insects to fish to animals--typically encounter few, if 
any, natural enemies in their new environments and wreak havoc on 
native species. Aquatic nuisance species threaten biodiversity 
nationwide, especially in the Great Lakes.
  Some of my colleagues may remember that back in the late eighties, 
the problem of aquatic nuisance species was first raised after the 
zebra mussel was released into the Great Lakes. The Great Lakes still 
have zebra mussels, and now, 20 States are fighting to control them. 
Zebra mussels were carried over from the Mediterranean to the Great 
Lakes in the ballast tanks of ships. The leading pathway for aquatic 
invasive species is maritime commerce. Most invasive species are 
contained in the water that ships use for ballast. Aquatic invaders 
such as the zebra mussel and round goby were introduced into the Great 
Lakes when ships, often from halfway around the world, pulled into port 
and discharged their ballast water. Aquatic invaders can also attach 
themselves to ships' hulls and anchor chains.
  Because of the impact that the zebra mussel had in the Great Lakes, 
Congress passed legislation in 1990 and 1996 that have reduced, but not 
eliminated, the threat of new invasions by requiring ballast water 
management for ships entering the Great Lakes. Today, there is a 
mandatory ballast water management program in the Great Lakes. The 
current law requires that ships entering the Great Lakes must exchange 
their ballast water, seal their ballast tanks or use alternative 
treatment that is ``as effective as ballast water exchange.'' 
Unfortunately, the effectiveness of ballast water exchange has been 
left undefined. Consequently, alternative treatments have not been 
fully developed and widely tested on ships because the developers of 
ballast technology do not know what standard they are trying to 
achieve. This obstacle is serious because ultimately, only onboard 
ballast water treatment will adequately reduce the threat of new 
aquatic nuisance species being introduced through ballast water.
  Our bill rectifies this problem. First, this bill establishes 
deadlines for national interim and final standards for ballast water 
management. This way, technology vendors and the maritime industry know 
when to expect clear requirements. Second, our bill establishes what 
the phrase ``as effective as ballast water exchange'' means for the 
purposes of the interim period. Research has shown that ballast water 
exchange has highly variable effectiveness rates. This bill takes the 
maximum effectiveness that ballast water exchange could have using the 
safest approach--a 95-percent reduction of near coastal plankton and 
establishes it as the floor for treatment effectiveness which is a 95 
percent kill or removal of live organisms. Within 18 months of the 
bill's passage, the Coast Guard is required to issue regulations 
implementing an interim ballast water standard that would require ships 
that enter any U.S. port after operating outside the Exclusive Economic 
Zone of 200 miles to either use ballast water treatment technology that 
meets the standard, retain the ship's ballast water, or exchange the 
ship's ballast water in the high seas. Ships operating in coastal 
waters would not be required to manage ballast water during the interim 
standard.
  A 95-percent reduction of organisms will be the interim standard used 
for treatment technology until the EPA, with the concurrence of the 
Coast Guard, promulgates the final standard. This interim standard is 
not intended to be implemented for the long run, and it is not perfect. 
However, a final standard is difficult to set today or in the near 
future because of the limited research that has been conducted on how 
clean or sterile ballast water discharge should be, what is the best 
expression of a standard, and what is technologically achievable. 
Rather than wait many more years before taking action to stop new 
introductions, I believe that an imperfect but clear and achievable 
interim standard for treatment technology is the right approach. This 
interim standard will lead to the use of ballast treatments that are 
more protective of our waters than the default method of ballast water 
exchange provides, and it can be implemented in the very near future. 
Further, the bill provides the Coast Guard with the flexibility to 
promulgate the interim standard using a size-based standard or by 
whatever parameters the Coast Guard determines appropriate.
  I understand that ballast water technologies are being researched and 
are ready to be tested onboard ships. These technologies include 
ultraviolet lights, filters, chemicals, deoxygenation, and several 
others. Each of these technologies has a different pricetag attached to 
it. It is not my intention to overburden the maritime industry with an 
expensive requirement to install technology. In fact, the legislation 
states that the final ballast water technology standard must be based 
on ``best available technology economically achievable.'' That means 
that the EPA must consider what technology is available, and if there 
is not economically achievable technology available to a class of 
vessels, then the standard will not require ballast technology for that 
class of vessels, subject to review every 3 years. I do not believe 
this will be the case, however, because the approach creates a clear 
incentive for treatment vendors to develop affordable equipment for the 
market. Since ballast technology will be always evolving, it is 
important that the EPA review and revise the standard so that it 
reflects what is the best technology currently available and whether it 
is economically achievable. Shipowners cannot be expected to upgrade 
their equipment upon every few years as technology develops, however, 
so the law provides an approval period of at least 10 years.
  There are other important provisions of the bill as well. The bill 
requires the Army Corps of Engineers to construct and operate the 
Chicago Ship and Sanitary Canal project which includes the

[[Page 5317]]

construction of a second dispersal barrier to keep species like the 
Asian carp from migrating up the Mississippi through the canal into the 
Great Lakes. Equally important, this barrier will prevent the migration 
of invasive species in the Great Lakes from proceeding into the 
Mississippi system. The bill establishes an experimental ballast 
treatment approval process to take effect immediately so that the 
treatment technology industry can begin full-scale experimental 
installations of treatments on ships. The bill authorizes additional 
funding for better coordinated research to find effective means of 
combating invasive species. It would help Federal, State, and regional 
authorities guard against future invasions by developing early 
detection monitoring and rapid response plans. And it provides funding 
for outreach and education programs to inform the public and marina 
owners about the dangers of inadvertently carrying aquatic invaders on 
the hulls of recreational boats or dumping bait buckets into the Lakes.
  Invasive species threaten the region's biological diversity and are 
an economic drain. Estimates of the annual economic damage caused 
nationwide by invasive species go as high as $137 billion. Because of 
the system of canals connecting the Great Lakes to the Mississippi 
River and the Atlantic Ocean, there are no physical barriers to block 
the spread of invasive species, making the Great Lakes highly 
vulnerable. Because of the frequency of ships entering into the Great 
Lakes, though, our region is often ``ground zero,'' and once an exotic 
species establishes itself, it is almost impossible to eradicate and 
sometimes difficult to prevent from moving throughout the nation. 
Therefore, prevention is the key to controlling new introductions.
  All in all, the bill would cost between $160 million and $170 million 
each year. This is a lot of money, but it is a critical investment. As 
those of us from the Great Lakes know, the economic damage that 
invasive species can cause is much greater. However, compared to the 
$137 billion annual cost of invasive species, the cost of this bill is 
minimal. Therefore, I urge my colleagues to cosponsor this legislation 
and work to move the bill swiftly through the Senate.
  Ms. COLLINS. Mr. President, from Pickerel Pond to Lake Auburn, from 
Sebago Lake to Bryant Pond, lakes and ponds in Maine are under attack. 
Aquatic invasive species threaten Maine's drinking water system, 
recreation, wildlife habitat, lakefront real estate, and fisheries. 
Plants, such as variable leaf milfoil, are crowding out native species. 
Invasive Asian shore crabs are taking over southern New England's tidal 
pools, and just last year began their advance into Maine--to the 
potential detriment of Maine's lobster and clam industries.
  Maine and many other States are attempting to fight back against 
these invasions. Unfortunately, their efforts have frequently been of 
limited success. As with national security, protecting the integrity of 
our lakes, streams, and coastlines from invading species cannot be 
accomplished by individual States alone. We need a uniform, nationwide 
approach to deal effectively with invasive species.
  Today I am pleased to join Senator Levin in introducing the National 
Aquatic Invasive Species Act of 2003. This bill would create the most 
comprehensive nationwide approach to date for combating alien species 
that invade our shores.
  The stakes are high when invasive species are unintentionally 
introduced into our Nation's waters. They endanger ecosystems, reduce 
biodiversity, and threaten native species. They disrupt people's lives 
and livelihoods by lowering property values, impairing commercial 
fishing and aquaculture, degrading recreational experiences, and 
damaging public water supplies.
  In the 1950s, European green crabs swarmed the Maine coast and 
literally ate the bottom out of Maine's soft-shell clam industry by the 
1980s. Many clam diggers were forced to go after other fisheries or 
find new vocations. In just one decade, this invader reduced the number 
of clam diggers in Maine from nearly 5,000 in the 1940s to fewer than 
1500 in the 1950s. European green crabs currently cost an estimated $44 
million a year in damage and control efforts in the United States.
  Past invasions forewarn of the long-term consequences to our 
environment and communities unless we take steps to prevent new 
invasions. It is too late to stop European green crabs from taking hold 
on the east coast, but we still have the opportunity to prevent many 
other species from taking hold in Maine and the United States.
  Three months ago, in the town of Limerick, ME, one of North America's 
most aggressive invasive species--hydrilla--was found in Pickerel Pond. 
Hydrilla can quickly dominate its new ecosystem--already hydrilla 
covers 60 percent of the bottom of Pickerel Pond from the shoreline out 
to 6 feet deep. Never before detected in Maine, this stubborn and fast-
growing aquatic plant threatens Pickerel Pond's recreational use for 
swimmers and boaters, and could spread to nearby lakes and ponds. 
Unfortunately, eradication of hydrilla is nearly impossible, so we must 
now work to prevent further infestation in the State.
  The National Aquatic Invasive Species Act of 2003 is the most 
comprehensive effort ever to address the threat of invasive species. By 
authorizing $836 million over 6 years, this legislation would open 
numerous new fronts in our war against invasive species. The bill 
directs the Coast Guard to develop regulations that will end the easy 
cruise of invasive species into U.S. waters through the ballast water 
of international ships, and would provide the Coast Guard with $6 
million per year to develop and implement these regulations.
  The bill also would provide $30 million per year for a grant program 
to assist State efforts to prevent the spread of invasive species. It 
would provide $12 million per year for the Army Corps of Engineers and 
Fish and Wildlife Service to contain and control invasive species. 
Finally, the Levin-Collins bill would authorize $30 million annually 
for research, education, and outreach.
  The most effective means of stopping invading species is to attack 
them before they attack us. We need an early alert, rapid response 
system to combat invading species before they have a chance to take 
hold. For the first time, this bill would establish a national 
monitoring network to detect newly introduced species, while providing 
$25 million to the Secretary of the Interior to create a rapid response 
fund to help States and regions respond quickly once invasive species 
have been detected. This bill is our best effort at preventing the next 
wave of invasive species from taking hold and decimating industries and 
destroying waterways in Maine and throughout the country.
  One of the leading pathways for the introduction of aquatic organisms 
to U.S. waters from abroad is through transoceanic vessels. Commercial 
vessels fill and release ballast tanks with seawater as a means of 
stabilization. The ballast water contains live organisms from plankton 
to adult fish that are transported and released through this pathway. 
The bill we are introducing today would establish a framework to 
prevent the introduction of aquatic invasive species by ships.
  Currently, the U.S. is in negotiations with the international 
community on the development and implementation of an international 
program for preventing the unintentional introduction and spread of 
non-indigenous species through ballast water. I commend American 
negotiators for working with the international community to address 
this global problem. This legislation offers a strong framework that 
the U.S. should use as a model in negotiating this important 
international convention. The U.S. Government must ensure that the 
international convention will be at least as protective as the 
legislation we are introducing today. The United States must take the 
most protective action possible to protect our waters, ecosystems, and 
industries from destructive invasive species before it is too late.
  Ms. STABENOW. Mr. President, I would like to express my strong 
support for the National Aquatic Invasive Species Act of 2003, NAISA.

[[Page 5318]]

  During the 107th Congress, I introduced S. 1034, the Great Lakes 
Ecology Protection Act which sought to curb the influx of invasive 
species into the Great Lakes. This is an immense task, as more than 87 
nonindigenous aquatic species have been accidentally introduced into 
the Great Lakes in the past century. I am proud to say that this bill 
had strong bipartisan support with 12 Great Lakes Senators as original 
cosponsors.
  Today, I am proud to join Senator Levin as an original cosponsor of 
NIASA which will provide a national strategy for preventing invasive 
species from being introduced in the Great Lakes and our Nation's 
waters. I am pleased that NIASA incorporates many of the ideas from the 
Great Lakes Ecology Protection Act in formulating a national standard.
  Invasive species have had a devastating economic and ecological 
impact on the United States. They have already damaged the Great Lakes 
in a number of ways. They have destroyed thousands of fish and 
threatened our clean drinking water.
  For example, Lake Michigan once housed the largest self-producing 
lake trout fishery in the entire world. The invasive sea lamprey, which 
was introduced from ballast water almost 80 years ago, has contributed 
greatly to the decline of trout and whitefish in the Great Lakes by 
feeding on and killing native trout species.
  Today, lake trout must be stocked because they cannot naturally 
reproduce in the lake. Many Great Lakes States have had to place severe 
restrictions on catching yellow perch because invasive species such as 
the zebra mussel disrupt the Great Lakes' ecosystem and compete with 
yellow perch for food. The zebra mussel's filtration also increases 
water clarity, which may be making it easier for predators to prey upon 
the yellow perch. Moreover, tiny organisms like zooplankton that help 
form the base of the Great Lakes food chain, have declined due to 
consumption by exploding populations of zebra mussels.
  We have made progress on preventing the spread of invasive species, 
but we have not yet solved this problem. NIASA will create a mandatory 
national ballast water management program to prevent the introduction 
of invasive species into our waters, as well as, encourage the 
development of new ballast treatment technology to eliminate invasive 
species. NIASA also will greatly increase research funding for these 
treatment and prevention technologies, and provide necessary funding 
and resources for invasive species rapid response plans. In addition, 
the bill will increase outreach and education to recreational boaters 
and the general public on how to prevent the spread of invasive 
species.
  As Members of the U.S. Congress, we have a responsibility to share in 
the stewardship of our Nation's natural resources. As a Great Lakes 
Senator, I feel a particularly strong responsibility to protect a 
resource that is not only a source of clean drinking water for more 
than 30 million people in the Great Lakes, but is vital to Michigan's 
economy and environment. I am proud to support a bill that will provide 
innovative solutions and necessary resources to this longstanding 
environmental problem, and will also protect our precious water 
resources for the enjoyment and benefit of future generations of 
Americans.
  Mr. JEFFORDS. Mr. President, I rise today to join my colleagues, 
Senator Levin and Senator Snowe in introducing the ``National Aquatic 
Invasive Species Act of 2003.''
  The waters of the United States continue to face threats from aquatic 
invasive species. Invasive species take both an economic and an 
environmental toll. The United States and Canada are spending $14 
million a year just to try to control sea lamprey, a species that has 
invaded Lake Champlain and the Great Lakes. The environmental costs are 
also staggering. Invasive species usually have high reproductive rates, 
disperse easily, and can tolerate a wide range of environmental 
conditions, making them very difficult to eradicate. They often lack 
predators in their new environment and out-compete native species for 
prey or breeding sites.
  The legislation we are introducing today will build on programs 
established over the last decade and focus much of our attention and 
resources on preventing invasive species from entering our aquatic 
ecosystems. This legislation establishes a mandatory ballast water 
management program for the entire country; makes federal funds and 
resources available for rapid response to the introduction of invasive 
species and for prevention, control and research.
  Increased funding and resources for dispersal barrier projects and 
research to prevent the interbasin transfer of organisms is of 
particular importance in my State of Vermont. We, along with New York, 
are home to one of this country's most beautiful lakes--Lake Champlain. 
However, zebra mussels, Eurasian water milfoil, water chestnuts, and 
sea lamprey have invaded Lake Champlain and are having a devastating 
impact. Like most who visit Lake Champlain, these species want to call 
it home, but we cannot compromise the health of the lake. Examining the 
feasibility and effectiveness of a dispersal barrier in the Lake 
Champlain Canal to control the dispersal of invasive species in the 
lake is another avenue toward preventing further destructive dispersal 
of these species.
  I look forward to working with my colleagues on the Environment and 
Public Works Committee and in the Senate to move this important 
legislation forward.
                                 ______
                                 
      By Mr. HATCH (for himself, Mr. Graham of Florida, Mr. Kennedy, 
        Mr. Coleman, Ms. Mikulski, Mr. Allard, and Mr. Dayton):
  S. 526. A bill to amend title XVIII of the Social Security Act to 
improve access to Medicare+Choice plans for special needs medicare 
beneficiaries by allowing plans to target enrollment to special needs 
beneficiaries; to the Committee on Finance.
  Mr. HATCH. Mr. President, I rise today to introduce a bill designed 
to provide assistance to vulnerable Medicare beneficiaries: the 
Medicare Improvements for Special Needs Beneficiaries Act of 2003. This 
legislation will improve access to health care for frail and elderly 
Medicare beneficiaries who reside in nursing homes or their local 
communities.
  Approximately 6 million Medicare beneficiaries are eligible for both 
Medicare and Medicaid coverage. Known as ``dual eligibles,'' these 
beneficiaries are the most vulnerable group of Medicare recipients. 
They are elderly or disabled and poor. Many have serious health 
concerns and complex medical, social, and long-term care needs. As a 
result, dual eligibles represent a disproportionate share of Medicare 
spending.
  To address the concerns of dual eligibles, a small number of health 
plans specialize in providing quality coordinated care to frail, 
elderly Medicare beneficiaries through demonstrations and the 
Medicare+Choice Program. These specialized plans include innovative 
clinical models of care that improve care and health outcomes while 
reducing medical costs. Today, approximately 25,000 Medicare 
beneficiaries, most of whom reside in nursing homes, receive their 
health care through these specialized plans.
  Through these plans, physicians and nurse practitioners work together 
to provide as much primary, preventive, and acute care as possible on 
site--in a nursing home facility or in the patient's home. For those 
beneficiaries residing in nursing homes, this means fewer trips to the 
emergency room; for those still living at home, it delays nursing home 
placement. If enrollees can be treated successfully without a trip to 
the hospital or placement in a nursing home, they remain healthier and 
costs to the Medicare Program are reduced.
  Currently, these specialized plans are facing regulatory barriers 
that prevent them from becoming permanent Medicare+Choice Program 
options. The Medicare Improvements for Special Needs Beneficiaries Act 
provides improved beneficiary access to Medicare+Choice plans by 
removing these barriers and allowing plans to

[[Page 5319]]

specialize in serving dual eligible, institutionalized, and other frail 
beneficiaries. Specifically, the bill would allow a special 
Medicare+Choice program designation so these plans may continue to 
target enrollment to the frail elderly and provide appropriate health 
care to this vulnerable population.
  Both the President and Members of Congress have stated their 
commitments to improving services provided to Medicare beneficiaries. 
In fact, when President Bush visited Minneapolis last July, he 
expressed his strong support for the Evercare program by saying that 
``government should act to strengthen these private health insurance 
options, not replace them. By relying on competition and patient's 
choice and innovative programs like Evercare, we will protect our 
seniors now, and offer many new lifesaving services to seniors in the 
future and preserve our private health care system.''
  These specialized programs are fulfilling the original promise of the 
Medicare+Choice Program to not only protect our Medicare beneficiaries 
but, in addition, these programs improve health care quality and lower 
health care costs. This legislation is a no-cost way to continue this 
effort. Evercare plans serve a unique and valuable purpose for a 
vulnerable segment of our society. I hope my colleagues will join me in 
supporting this important bill.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Mr. Bennett):
  S. 528. A bill to reauthorize funding for maintenance of public roads 
used by school buses serving certain Indian reservations; to the 
Committee on Environment and Public Works.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the Indian 
School Bus Route Safety Reauthorization Act of 2003. This bill 
continues an important Federal program begun in TEA-21 that addresses a 
unique problem with the roads in and around the Nation's single largest 
Indian reservation and the neighboring counties. Through this program, 
Navajo children who had been prevented from getting to school by 
frequently impassable roads are now traveling safely to and from their 
schools. Because of the unusual nature of this situation, I believe it 
must continue to be addressed at the Federal level.
  I would like to begin with some statistics on this unique problem and 
why I believe a Federal solution continues to be necessary. The Navajo 
Nation is by far the Nation's largest Indian reservation, covering 
25,000 square miles. Portions of the Navajo Nation are in three States: 
Arizona, New Mexico, and Utah. No other reservation comes anywhere 
close to the size of Navajo. To give you an idea of its size, the State 
of West Virginia is about 24,000 square miles. In fact, 10 States are 
smaller in size than the Navajo reservation.
  According to the Bureau of Indian Affairs, about 9,800 miles of 
public roads serve the Navajo Nation. Only about one-fifth of these 
roads are paved. The remaining 7,600 miles, 78 percent, are dirt roads. 
Every day schoolbuses use nearly all of these roads to transport Navajo 
children to and from school.
  About 6,400 miles of the roads on the Navajo reservation are BIA 
roads, and about 2,500 miles are State and county roads. All public 
roads within, adjacent to, or leading to the reservation, including 
BIA, State, and county roads are considered part of the Federal Indian 
reservation road system. However, only BIA roads are eligible for 
Federal maintenance funding from BIA. Moreover, construction funding 
and improvement funding from the Federal Lands Highways Program in TEA-
21 is generally applied only to BIA or tribal roads. Thus, the States 
and counties are responsible for maintenance and improvement of their 
2,500 miles of roads that serve the reservation.
  The counties in the three States that include the Navajo reservation 
are simply not in a position to maintain all of the roads on the 
reservation that carry children to and from school. Nearly all of the 
land area in these counties is under Federal or tribal jurisdiction.
  For example, in my State of New Mexico, three-quarters of McKinley 
County is either tribal or Federal land, including BLM, Forest Service, 
and military land. The Indian land area alone comprises 61 percent of 
McKinley County. Consequently, the county can draw upon only a very 
limited tax base as a source of revenue for maintenance purposes. Of 
the nearly 600 miles of county-maintained roads in McKinley County, 512 
miles serve Indian land.
  In San Juan County, UT, the Navajo Nation comprises 40 percent of the 
land area. The county maintains 611 miles of roads on the Navajo 
Nation. Of these, 357 miles are dirt, 164 miles are gravel, and only 90 
miles are paved. On the reservation, the county has three high schools, 
two elementary schools, two BIA boarding schools and four preschools.
  The situation is similar in neighboring San Juan County, NM, as well, 
Apache, Navajo, and Coconino Counties, AZ. In light of the counties' 
limited resources, I do believe the Federal Government is asking the 
States and counties to bear too large a burden for road maintenance in 
this unique situation.
  Families living in and around the reservation are no different from 
families anywhere else; their children are entitled to the same 
opportunity to get to school safely and to get a good education. 
However, the many miles of unpaved and deficient roads on the 
reservation are frequently impassable, especially when they are wet, 
muddy, or snowy. If the schoolbuses don't get through, the kids simply 
cannot get to school.
  These children are literally being left behind.
  Because of the vast size of the Navajo reservation, the cost of 
maintaining the county roads used by the school buses is more than the 
counties can bear without Federal assistance. I believe it is essential 
that the Federal Government help these counties deal with this one-of-
a-kind situation.
  In response to this unique situation, in 1998 Congress began 
providing direct annual funding to the counties that contain the Navajo 
reservation to help ensure that children on the reservation can get to 
and from their public schools. The funding was included at my request 
in section 1214(d) of TEA-21. Under this provision, $1.5 million is 
made available each year to be shared equally among the three States. 
The funding is provided directly to the counties in Arizona, New 
Mexico, and Utah that contain the Navajo reservation. I want to be very 
clear: these Federal funds can be used only on roads that are located 
within or that lead to a reservation, that are on the State or county 
maintenance system, and that serve as schoolbus routes.
  This program has been very successful. For the last 6 years, the 
counties have used the annual funding to help maintain the routes used 
by school-buses to carry children to school and to Head Start programs. 
I had an opportunity in 1998 to see first hand the importance of this 
funding when I rode in a schoolbus over some of the roads that are 
maintained using funds from this program.
  The bill I am introducing today provides a simple 6-year 
reauthorization of that program, with a modest increase in the annual 
funding to allow for inflation and for additional roads to be 
maintained in each of the three States.
  I believe that continuing this program for 6 more years is fully 
justified because of the vast area of the Navajo reservation--by far 
the Nation's largest--and the unique nature of this need that only the 
Federal Government can deal with effectively.
  I don't believe any child wanting to get to and from school safely 
should have to risk or tolerate unsafe roads. Kids today, particularly 
in rural and remote areas, face enough barriers to getting a good 
education. I ask all Senators to join me in assuring that Navajo 
schoolchildren at least have a chance to get to school safely and get 
an education.
  My bill has the support of the Southeastern Utah Association of Local 
Governments and the Tri-State County Association of New Mexico, 
Arizona, and Utah. I ask unanimous consent that letters and resolutions 
from New Mexico, Arizona, and Utah be printed in

[[Page 5320]]

the Record at the conclusion of my remarks.
  I am pleased that Congressmen Tom Udall of New Mexcio, Rick Renzi of 
Arizona, and James David Matheson of Utah are introducing a companion 
bill today in the House. I look forward to working with them this year 
and with the chairman of the Environment and Public Works Committee, 
Senator Inhofe, and Senator Jeffords, the ranking member, to 
incorporate this legislation once again into the comprehensive 6-year 
reauthorization of the surface transportation bill.
  Mr. President, I ask unanimous consent that text of the bill be 
printed in the Record.
  There being no objection, the bill and material were ordered to be 
printed in the Record, as follows:

                                 S. 528

       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 School Bus Route 
     Safety Reauthorization Act of 2003''.

     SEC. 2. REAUTHORIZATION OF ADDITIONAL CONTRACT AUTHORITY FOR 
                   STATES WITH INDIAN RESERVATIONS.

       (a) Availability to States.--Not later than October 1 of 
     each fiscal year, funds made available under subsection (e) 
     for the fiscal year shall be made available by the Secretary 
     of Transportation, in equal amounts, to each State that has 
     within the boundaries of the State all or part of an Indian 
     reservation having a land area of 10,000,000 acres or more.
       (b) Availability to Eligible Counties.--
       (1) In general.--Each fiscal year, each county that is 
     located in a State to which funds are made available under 
     subsection (a), and that has in the county a public road 
     described in paragraph (2), shall be eligible to apply to the 
     State for all or a portion of the funds made available to the 
     State under this section to be used by the county to maintain 
     such public roads.
       (2) Roads.--A public road referred to in paragraph (1) is a 
     public road that--
       (A) is within, is adjacent to, or provides access to an 
     Indian reservation described in subsection (a);
       (B) is used by a school bus to transport children to or 
     from a school or Headstart program carried out under the Head 
     Start Act (42 U.S.C. 9831 et seq.); and
       (C) is maintained by the county in which the public road is 
     located.
       (3) Allocation among eligible counties.--
       (A) In general.--Except as provided in subparagraph (B), 
     each State that receives funds under subsection (a) shall 
     provide directly to each county that applies for funds the 
     amount that the county requests in the application.
       (B) Allocation among eligible counties.--If the total 
     amount of funds applied for under this section by eligible 
     counties in a State exceeds the amount of funds available to 
     the State, the State shall equitably allocate the funds among 
     the eligible counties that apply for funds.
       (c) Supplementary Funding.--For each fiscal year, the 
     Secretary of Transportation shall ensure that funding made 
     available under this section supplements (and does not 
     supplant)--
       (1) any obligation of funds by the Bureau of Indian Affairs 
     for road maintenance programs on Indian reservations; and
       (2) any funding provided by a State to a county for road 
     maintenance programs in the county.
       (d) Use of Unallocated Funds.--Any portion of the funds 
     made available to a State under this section that is not made 
     available to counties within 1 year after the funds are made 
     available to the State shall be apportioned among the States 
     in accordance with section 104(b) of title 23, United States 
     Code.
       (e) Funding.--
       (1) In general.--There are authorized to be appropriated 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) to carry out this section--
       (A) $3,000,000 for each of fiscal years 2004 and 2005;
       (B) $4,000,000 for each of fiscal years 2006 and 2007; and
       (C) $5,000,000 for each of fiscal years 2008 and 2009.
       (2) Contract authority.--Funds made available to carry out 
     this section shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
                                  ____

                                            Gallup McKinley County


                                               Public Schools,

                                   Gallup, NM., December 11, 2002.
     Hon. Jeff Bingaman
     U.S. Senate,
     Washington, DC.
       Dear Hon. Jeff Bingaman: The Gallup McKinley County Schools 
     serve over 15 thousand students, of which over 10 thousand 
     are bussed daily. Our District's school buses travel 9,250 
     miles daily, one way. Several miles of these roads are 
     primitive dirt roads with poor or no drainage. Several do not 
     have guard rails and some are not maintained by any entity. 
     The inability to safely negotiate school buses over these 
     roads during wet, muddy and snowy conditions greatly 
     restricts our ability to provide adequate services for 
     families living along these particular roadways. Funding for 
     school bus route road maintenance is vital to providing safe 
     and efficient transportation for thousands of students 
     throughout our County.
       The School bus route maintenance programs have helped 
     tremendously. Our County Roads Division (McKinley County) has 
     been extremely helpful in maintaining hundreds of miles of 
     bus route roads. The route improvements completed recently in 
     the North Coyote Canyon, Mexican Springs, Johnson loop, 
     Tohlakal, CR-1, Crestview, lyanbito and Bluewell have 
     provided us with the ability to safely negotiate these areas 
     and transport hundreds of students to various schools.
       The School bus route program is a very important program. 
     Our County Roads division worked diligently to provide safe 
     access and passage for our school districts 160 school buses. 
     Without the school bus route program, it would be impossible 
     to maintain safe conditions on these roads. To insure the 
     safety of our school children and families, it is imperative 
     that the reauthorization of the TEA-21 Bill be realized.
       Your help in sponsoring Bills, which address the unique 
     situations with respect to school bus route roads, have been 
     greatly appreciated. Your continuing support of the school 
     bus route program (TEA-21 Bill) will enable us to continue to 
     safely and efficiently transport our students. It is through 
     these cooperative efforts that we are able to serve the 
     hundreds of families living in our County. Thank you for your 
     continued efforts.
           Sincerely,
                                                       Ben Chavez,
     Support Services Director.
                                  ____



                                           County of McKinley,

                                  Gallup, N.M., December 20, 2002.
     Hon. Jeff Bingaman,
     U.S. Senate,
     Washington, DC.
     Re: Indian School Bus Route Safety Reauthorization Act of 
         2003.

       Dear Senator Bingaman: The Board of Commissioners supports 
     your proposed Bill entitled, Indian School Bus Route Safety 
     Reauthorization Act of 2003.
       Currently, TEA-21 has provided a pilot program for the 
     Counties in New Mexico, Arizona and Utah with funds to help 
     maintain school routes accessing the Navajo Nation. This 
     support has allowed McKinley County to improve an average of 
     six miles per year.
       The Gallup McKinley County Schools operates 143 school 
     buses on a weekday basis traveling 16,070 miles daily. The 
     Navajo Nation also operates a bus network for their Headstart 
     Programs.
       Our residents who live in the rural areas of our County 
     depend on these same roads to shop, access medical services 
     and jobs. Improved roads are critical to our region.
       I appreciate your sponsorship of the Indian School Bus 
     Route Safety Reauthorization Act of 2003.
           Sincerely yours,
                                          Earnest C. Becenti, Sr.,
     Chairperson.
                                  ____



                                           County of McKinley,

                                  Gallup, N.M., December 20, 2002.
     Hon. Jeff Bingaman
     U.S. Senate,
     Washington, DC.
       Dear Senator Bingaman: We want to take this opportunity to 
     let you know how grateful McKinley County residents are for 
     your past efforts in obtaining the federal funding received 
     under the TEA-21 Bill. These funds have improved 
     approximately 30 miles of school bus routes that could not 
     have been a reality without them. These roads were improved 
     to all weather standards at an average cost per mile of 
     approximately $60,000. We have enclosed a recap identifying 
     the type of improvements made and expenditures. We have also 
     enclosed a letter from the Gallup-McKinley County Schools 
     identifying the enhancement of these improvements that 
     contribute to the safe transportation of students throughout 
     the County.
       McKinley County has a total of 511.746 miles of maintained 
     roads that lead to or are within Indian Lands that qualify 
     under the TEA-21 funding. This total reflects that 
     approximately 90 percent of McKinley County roads on the 
     maintenance system serve the vast Indian population in rural 
     McKinley County. The TEA-21 funding received thus far has 
     improved approximately 5 percent of these miles; leaving 
     approximately 95 percent of the remaining miles to be 
     improved. As you can see, the miles improved thus far are 
     small in comparison to the vast needs of McKinley County.
       The unimproved roads continue to contribute to the number 
     of school days missed during inclement weather at all grade 
     levels, which ultimately contribute to the illiteracy of our 
     young people, and to the high level of unemployment in this 
     area. It is difficult to change these statistics with the 
     insurmountable miles of unimproved roads and the lack of 
     sufficient funding sources. It is also very

[[Page 5321]]

     difficult to attract economic growth to McKinley County and 
     improve the job market and quality of life for families 
     throughout rural McKinley County.
       We strongly solicit support for the continuation of the 
     TEA-21 allocation for the improvement of school bus routes in 
     our area. Thank you once again for your past and continued 
     support in meeting the needs of McKinley County.
           Sincerely,
                                                  David J. Acosta,
     Road Superintendent.
                                  ____

                                            Gallup-McKinley County


                                               Public Schools,

                                                December 19, 2002.
     Hon. Senator Jeff Bingaman,
     U.S. Senate,
     Washington, DC.
       Dear Senator Bingaman: Regarding the reauthorization of 
     TEA-21 legislation, I would like to be up front in support of 
     this bill. Our Gallup-McKinley County School District cannot 
     function without a decent roads maintenance program. Our 
     school district has established a good partnership with the 
     McKinley County Commissioners' Office. Mr. Irvin Harrison, 
     McKinley County Manager, is very instrumental in addressing 
     the many roads maintenance issues. Of course, the money to do 
     the actual maintenance work comes from the Indian School Bus 
     Route Safety Reauthorization Act.
       Let me explain why the Gallup-McKinley County Schools 
     consider TEA-21 is practically indispensable. Our district 
     daily transports 9,089 students and covers 16,070 miles. The 
     9,089 students are almost all Native Americans residing on 
     Indian Reservation land or Checker Board Areas. The majority 
     of the roads are dirt or unimproved. Our bus fleet totals 146 
     and 27 buses are equipped with lifts. Senator, you can 
     imagine how delicate it is to make sure the roads are safe 
     and all-weather condition. On an annual basis, our miles 
     driven exceed 3,047,269. Without the county's roads 
     maintenance program, our buses would deteriorate as quickly 
     as we buy them and absenteeism would climb astronomically. 
     What is so unique about our district is, it's 5000 square 
     miles size and reported unpaved road transportation nears 
     400,000 miles. What the McKinley County Roads Department 
     maintains include grading, placing gravel with some degree of 
     compaction, repair work on drainage appurtenances and 
     providing drainage solutions to rain damaged areas. Gallup-
     McKinley County School District is still expanding. A new 
     high school is under design in Pueblo Pintado. A safe bridge 
     is absolutely essential right next to the new school site.
       Senator, I recall 3 years ago that you took a ride in one 
     of our buses west of Gallup. I understand you enjoyed the 
     rough ride. I thank you for taking the time from your busy 
     schedule to visit our school district.
       I am confident that the reauthorization of TEA-21 will be 
     an historic event because this piece of legislation indeed 
     relates to the No Child Left Behind initiative. All weather 
     and safe roads provide the means to get the children to 
     school on time. Absentees and tardiness are discouraged with 
     a reliable transportation to school. I urge your colleagues 
     to jump on the bandwagon and support the Indian School Bus 
     Route Safety Reauthorization Act of 2003. Please call me if 
     you have any questions.
           Sincerely,
                                                   Karen S. White,
     Acting Superintendent.
                                  ____

                                                The Navajo Nation,


                                         Rock Springs Chapter,

                                                   Yah-Ta-Hey, NM.

 Resolution of Rock Springs Chapter Eastern Navajo Agency--District 16

       Requesting and Recommending to the United States Senators, 
     Honorable Jeff Bingaman and Honorable Pete Dominci to 
     Reauthorize the TEA-21 Bill for Continued Funding to the 
     County of McKinley, State of New Mexico for Improvement of 
     School Bus Routes Leading to and within the Navajo Indian 
     Reservation which is Supported by Rock Springs Chapter 
     Community.
       Whereas:
       1. The Rock Springs Chapter is a certified chapter and 
     recognized by the Navajo Nation Council, pursuant to CAP-34-
     98, the Navajo Nation Council adopted the Navajo Nation Local 
     governance act (LGA) which directs local chapters to promote 
     all matters that affect the local community members and to 
     make appropriate decisions, recommendation and advocate on 
     their behalf, and;
       2. The Rock Springs Chapter is requesting and recommending 
     to the United States Senators, Honorable Jeff Bingaman and 
     Honorable Pete Dominci to Re-authorize the TEA-21 bill for 
     Continued funding to the County of McKinley, State of New 
     Mexico for improvement of school bus routes leading to and 
     within the Navajo Indian Reservation which is supported by 
     Rock Springs Chapter Community, and;
       3. The Rock Springs Chapter is established to plan, 
     promote, and coordinate the community, economic, and social 
     development for the community, including an oversight of 
     coordinator and support for federal, state, tribal, and other 
     programs and entities; and
       4. The Rock Springs Chapter Community are highly concerned 
     of their students attendance due to poor road conditions, 
     lack of improving and maintaining bus routes and how it 
     effects the daily transports of students as well as daily 
     travel for community members, and:
       5. There are vest miles of (dirt roads) school bus routes 
     that still require improvement. Poor roads contribute to poor 
     education, health issues, economic growth, unemployment, and 
     fatalities in our rural (community) county.
       Now, therefore be it
       Resolved:
       1. The Rock Springs Chapter strongly supports the foregoing 
     resolution to the United States Senators, Honorable Jeff 
     Bingaman and Honorable Pete Dominici to Re-authorize the TEA-
     21 Bill for Continued funding to the County of McKinley, 
     State of New Mexico for improvement of school bus routes 
     leading to and within the Navajo Indian Reservation.
       2. The Rock Springs Chapter Community hereby supports the 
     continuation of improving and upgrading the vast miles of 
     dirt roads school bus routes.


                             certification

       We, hereby certify that the foregoing resolution was duly 
     presented and considered by the Rock Springs Chapter at duly 
     called chapter meeting at Rock Springs Chapter, New Mexico 
     (Navajo Nation) at which a quorum was present and the same 
     was passed with a vote of 33 in favor, 00 opposed and 00 
     abstained on this 18th of February, 2003.
     Raymond Emerson,
       Chapter President.
     Harriett K. Becenti,
       Council Delegate.
     Lucinda Roanhorse,
       Acting Community Services Coordinator.
                                  ____



                                   San Juan County Commission,

                                  Monticello, UT, January 6, 2003.
     Hon. Jeff Bingaman
     U.S. Senator, Washington, DC.
     Re: Indian School Bus Route Safety Reauthorization Act of 
         2003.

       Dear Senator Bingaman: San Juan County, Utah wants to 
     express our appreciation to you for your efforts to secure 
     funding to improve the Indian School Bus Routes. San Juan 
     County has approximately 25% of the total land area on the 
     Utah portion of the Navajo Nation.
       The County is currently maintaining 611 miles of roads on 
     the Navajo Nation. 357 miles are natural surface, 164 miles 
     are of a gravel surface and 90 miles are paved. Most of these 
     roads are used by school bus in the transportation of 
     students to and from the different schools.
       The County has three high schools that are operated by the 
     San Juan School District on the Utah portion of the Navajo 
     Nation (Whitehorse High School in Montezuma Creek, Monument 
     Valley High School in Monument Valley and Navajo Mountain 
     High School in Navajo Mountain). In addition, the school 
     district has two elementary schools located in Halchita, near 
     Mexican Hat and in Montezuma Creek. The Bureau of Indian 
     Affairs has two boarding schools that also operate within the 
     County boundaries at Aneth and Navajo Mountain. In addition 
     there are pre-schools that are located in Monument Valley, 
     Halchita, Toda, and montezuma Creek.
       One major example of these funds that have been previously 
     used was to pave the nearly six mile section of road in the 
     Navajo Mountain area. Navajo Mountain is an isolated 
     community located in the southwestern corner of San Juan 
     County. There is a single highway in and out of the 
     community, with the nearest community located over seventeen 
     miles to the south in Arizona. The road still is dirt for ten 
     miles south of the Utah boundary, but the County was able to 
     pave the road on the Utah side this past year making the road 
     passable year round and greatly improving the safety for the 
     students and residents.
       We would strongly encourage the 
     re-authorization of these funds for this important need.
       Very truly,
     Ty Lewis,
       Commissioner.
     Manuel Morgan,
       Commissioner.
     Lynn H. Stevens,
       Commissioner.
                                  ____



                                              San Juan County,

                                       Aztec, NM, January 9, 2003.
     Senator Jeff Bingaman,
     U.S. Senate,
     Washington, DC.
       Hon. Senator Bingaman:
       We are aware that Congress will be considering bills to 
     reauthorize the TEA-21 funding for local roads that provide 
     access to the Navajo Reservation. These funds are of special 
     significance to San Juan County.
       The Public Works Department of San Juan County regularly 
     maintains over 400 miles of roads that are adjacent to or 
     provide access to the Navajo Reservation. These roads are 
     critical to the population in the service areas. School buses 
     depend on our County workers to keep the roads maintained and 
     to provide other essential services.
       Over the past five years, we have received $953,688 from 
     the TEA-21 program for the maintenance of roads and bridges 
     in these

[[Page 5322]]

     areas. The assistance received under this program will be 
     crucial if we wish to continue to provide these much needed 
     services to the residents on the Navajo Reservation and their 
     visitors.
       I would like to thank you for your hard work on behalf of 
     the citizens on San Juan County and urge you to support 
     legislation that would extend the TEA-21 Program.
           Sincerely,
                                                    Tony Atkinson,
     County Manager.
                                  ____



                           Navajo County Board of Supervisors,

                                  Holbrook, AZ, December 18, 2002.
     Senator Jeff Bingaman,
     U.S. Senate,
     Washington, DC.

     Re: TEA-21 Funding for Maintenance of School Bus Routes.
       Dear Senator Bingaman: Navajo County has used the TEA-21 
     funding since its inception to maintain school bus routes 
     located on reservation lands within the county. In order to 
     best use these funds, we have entered into agreements with 
     the Bureau of Indian Affairs and various established school 
     districts. These agreements allow us to expand the budgets 
     for roads in the school districts and receive maximum benefit 
     for funds spent.
       The funding to date has been spent as follows: Funding of 
     road worker salaries--$63,226; Purchase of road working 
     equipment--$215,651; Purchase of road building materials--
     $173,313.
       The material, labor and equipment helps to maintain over 
     1,300 miles of school bus routes. Even though these funds are 
     extremely helpful, the current amount of funding is 
     inadequate to meet the needs that are encountered in these 
     remote lands.
       Navajo County fully supports your efforts to not only 
     continue the present funding, but also the efforts to 
     increase the annual amount. If this funding was not 
     available, the school children on the reservation would be 
     the ones who suffer.
       Please continue your efforts to enhance the TEA-21 funds. 
     If you need further information, please call me at (928) 524-
     4053.
           Sincerely,
                                                   Jesse Thompson,
     Supervisor.
                                  ____


Resolution of the Tri-State County Association (New Mexico, Arizona and 
                                 Utah)

       Whereas, the Tri-State County Association met on September 
     20, 2002, in St. Michael's Arizona, to discuss the proposed 
     Bill by Senator Jeff Bingaman cited as the ``Tribal 
     Transportation Program Improvement Act of 2002''; and,
       Whereas, Counties in New Mexico, Arizona and Utah, are 
     faced with maintaining miles of unpaved roads serving 
     Federally owned land or Indian Reservations; and
       Whereas, Section 1214 of Transportation Equity Act for the 
     21st Century priovided $1.5 Million per year beginning 
     October 1, 1998, for six years; to eligible Counties to 
     maintain public raods which provide access to an Indian 
     Reservation or is used by school buses to transport children 
     to Headstart Programs; and,
       Whereas, Congress has designated the Secretary of 
     Transportation to divide each fiscal year the $1.5 Million 
     equally between the States of New Mexico, Arizona and Utah, 
     through the State Highway Department of State Department of 
     Transportation to eligible Counties (San Juan and McKinley, 
     NM; Navajo, Apache, Coconino, AZ; and San Juan, UT.); and,
       Whereas, Each County receiving the special appropriation 
     were able to complete additional schools bus route 
     improvements on roads that would not have been improved 
     otherwise; and
       Whereas, the need for school bus route improvements greatly 
     exceed the annual allocation provided for each County and the 
     allocation should be increased under the reauthorization of 
     the Transportation Bill.
       Now, therefore be it
       Resolved, by the Tri-State County Association, to support 
     the ``Tribal Transportation Program Improvement Act of 
     2002,'' as proposed by Senator Jeff Bingaman, which includes 
     additional funding for maintenance of school bus routes on 
     Indian Reservations.
                                  ____


                 State of New Mexico County of McKinley

       Whereas, the Board of Commissioners did meet in regular 
     session on February 27, 2001; and
       Whereas, Section 1214(d) of the Transportation Equity Act 
     for the 21st Century (TEA-21) provides additional funding for 
     States that have within their boundaries all or part of an 
     Indian Reservation having a land area of 10,000,000 acres or 
     more; and,
       Whereas, the only Indian Reservation meeting this criteria 
     is the Navajo Indian Reservation in Arizona, New Mexico and 
     Utah; and ,
       Whereas, the three States equally divide the $1,500,000 
     among the various Counties to maintain public roads which are 
     within, adjacent to, or accessing the Navajo Indian 
     Reservation which are used to transport children to or from a 
     school or Headstart Program and are maintained by the County; 
     and
       Whereas, McKinley County has demonstrated the fiscal 
     capacity to implement and administer funds allocated through 
     the New Mexico State Highway and Transportation Department to 
     complete 19.3 miles through FY-00.
       Now therefore be it
       Resolved, by the Board of Commissioners or McKinley County, 
     to request Congressional support to increase the allocation 
     under Section 1214(d) of the Transportation Equity Act for 
     the 21st Century (TEA-210 to improve school bus routes 
     within, adjacent to, or accessing, the Navajo Reservation 
     after FY-03.
                                 ______
                                 
      By Ms. CANTWELL (for herself, Mr. Thomas, Mr. Leahy, Mr. Smith, 
        Mr. Wyden, Ms. Snowe, Mr. Durbin, Mr. Hagel, Mr. Roberts, and 
        Mr. Chambliss):
  S. 529. A bill to amend the Internal Revenue Code of 1986 to exclude 
from gross income loan payments received under the National Health 
Service Corps Loan Repayment Program established in the Public Health 
Service Act; to the Committee on Finance.
  Ms. CANTWELL. Mr. President, I rise today with Senator Craig Thomas 
to introduce legislation that would exclude loan repayments made 
through the National Health Service Corps from taxable income. I am 
pleased that Senators Leahy, Smith, Wyden, Snowe, Durbin, Hagel, 
Roberts, and Chambliss are also cosponsoring this important 
legislation.
  There have been many developments in the area of health care in the 
last few years from managed care reform, to increases in biomedical 
research, the mapping of the human genome, and the use of exciting new 
technologies in both rural and urban areas such as telemedicine. In 
fact, it seems that almost every day we hear of astounding new 
scientific breakthroughs. But unfortunately, while we are making great 
strides in the quality of health care, we are losing ground on the 
access to health care for so many.
  The sad truth is that there are currently 38.7 million Americans 
without health insurance coverage--9.2 million of whom are children. In 
Washington, before the recession, 13.3 percent of the population, and 
155,000 children, lacked health insurance. That is undoubtedly higher 
today.
  Access to health insurance for the uninsured is of the utmost 
importance--we know that at the very least, health insurance means the 
difference between timely and delayed treatment and at worst between 
life and death. In fact, the uninsured are four times as likely as the 
insured to delay or forego needed care--and uninsured children are six 
times as likely as insured children to go without needed medical care.
  But even insurance isn't enough if there are no available providers. 
Hospitals and other health care providers across the country are facing 
an increasingly uncertain future. The sad truth is that it is 
increasingly more difficult to recruit health care providers to work 
with underserved communities--especially in rural areas. In addition to 
economic pressures, rural areas must overcome the environmental issues 
involved with recruiting a doctor who may have been raised, educated, 
and trained in an urban setting.
  The National Health Service Corps was created in 1970 by Senator 
Warren Magnuson, one of the most distinguished Senators to come from 
Washington State. He saw the need to put primary care clinicians in 
rural communities and inner-city neighborhoods, and developed this 
program to fill that need.
  Since then, the Corps has placed over 22,000 health professionals in 
rural or urban health professions shortage areas. There is no doubt 
that National Health Service Corps has been extremely successful. In 
fact, the most recent available data show that more than 70 percent of 
providers continued to provide services to underserved communities 
after their Corps obligation was fulfilled--80 percent of these health 
care providers stayed in the community in which they had originally 
been placed.
  During the last August recess, I had the opportunity to travel 
throughout Washington State and held 15 community discussions on health 
care. I met patients who would not have access to health services but 
for the providers there through the Corps and I met

[[Page 5323]]

many doctors who have been living in our rural communities for years 
because of their Corps' placements. And because it has been so 
successful--right now in Washington State there are 75 physicians or 
other health professionals working in underserved areas that would not 
otherwise be here--we must do everything possible to support this 
program.
  Under current law, the National Health Service Corps provides 
scholarships, loan repayments, and stipends for clinicians who agree to 
serve in urban and rural communities with severe shortages of health 
care providers. In 1986 the IRS ruled that all payments made under the 
program are considered taxable income. Understanding the immediate 
detriment to scholarship recipients, who were forced to pay the tax out 
of their own pockets, Congress eliminated the scholarship tax in 2001. 
And while the scholarship program is now not considered taxable income 
to the IRS, the loan repayments and stipends are.
  By statute, the current loan program awards also include a tax 
assistance payment equal to 39 percent of the loan repayment amount, 
which is to be used by the recipient offset his or tax liability 
resulting from the loan repayment ``income.'' This means that nearly 40 
percent of the Federal loan repayment budget goes to pay taxes on the 
loan repayment ``income'' alone. If these Federal payments were not 
taxed, and the funding was freed up, more health professions students 
could take advantage of the loan repayment program, and could be placed 
in shortage areas, thereby increasing access to health care in both 
urban and rural areas.
  This is not a new problem. The tax burden that accompanies the 
National Health Service Corps loan payments is a significant deterrent 
to increasing the number of clinicians enrolling in the Corps. I do not 
want to see a situation where, as happened several years ago, over 300 
applicants actually left underserved areas because the Corps could not 
fully fund the loan repayment program.
  The legislation we are introducing today, the National Health Service 
Corps Loan Repayment Act, would address this disincentive, making the 
Corps available to more medical and health professionals, and thereby 
bringing more providers into underserved areas. If loan repayments are 
excluded from taxation, the National Health Service Corps will have 
greater resources to provide aid to health professionals seeking loan 
repayment, and will be able to increase the number of providers in 
underserved areas.
  There is no doubt that strengthening the National Health Service 
Corps is a win-win situation. Corps scholarships help finance education 
for future primary care providers interested in serving the 
underserved. In return, graduates serve those communities where the 
need for primary health care is greatest.
  The bill is supported by over 20 national organizations including the 
National Rural Health Association, the National Association of 
Community Health Centers, the Association of American Medical Colleges, 
and the American Medical Student Association. I am especially pleased 
that the Washington State Medical Association is supporting this bill. 
I ask unanimous consent that the complete list be included in the 
Record after my statement.
  I understand that there are no easy solutions to the health care 
problems we are facing right now. But we need to do something--even if 
it is taking small steps forward, and come in at this problem from many 
different angles.
  I urge my colleagues to look at this bill and to join us in expanding 
this vitally important and immediately successful program.
  Mr. THOMAS. I am pleased to rise today to introduce the National 
Health Service Corps Loan Repayment Act with my colleague from 
Washington, Ms. Cantwell. Specifically, this legislation will exclude 
loan repayments made through National Health Service Corps, NHSC, 
program from taxable income. Enactment of the National Health Service 
Corps Loan Repayment Act would increase the amount of Federal dollars 
available so more students could participate in the NHSC program.
  Under current law, the NHSC provides scholarships, loan repayments, 
and stipends for clinicians who agree to serve in national designated 
underserved urban and rural communities. The tax law changes in 1986 
resulted in the IRS ruling that all NHSC payments were taxable. 
Congress eliminated the tax on the scholarship in 2001, but the loan 
repayments and stipends continue to be taxed.
  To assist loan repayment recipients with their tax burden, the NHSC 
loan program includes an additional payment equal to 39 percent of the 
loan repayment amount so the loan repayment recipient can pay his or 
her taxes. Close to 40 percent of the NHSC Federal loan repayment 
budget goes to pay taxes on the loan repayment ``income.'' The current 
situation should not be allowed to continue. Given the fiscal 
restraints we are facing, we must ensure that Federal dollars are spent 
efficiently and effectively. It is obvious that today's NHSC loan 
repayment structure does not meet that goal. Our legislation resolves 
this issue.
  For over 30 years, the National Health Service Corps, NHSC, program 
has literally been a lifeline for many underserved communities across 
the country that otherwise would not have a heath care provider. I know 
this program is critically important to my State of Wyoming and to many 
other rural States that have difficulties recruiting and retaining 
primary health care clinicians.
  There are 2,800 health professional shortage areas, 740 mental health 
shortage areas and 1,200 dental health shortage areas now designated 
across the country. However, the NHSC program is meeting less than 13 
percent of the current need for primary care providers and less than 6 
percent of need for mental health and dental services. The National 
Health Service Corps Loan Repayment Act would increase the number of 
students in the program and allow more providers to be placed in these 
shortage areas.
  The National Health Service Corps Loan Repayment Act is crucial to 
the future well-being of many of our rural communities. I strongly urge 
all my colleagues to support this important legislation.
                                 ______
                                 
      By Mr. KERRY:
  S. 530. A bill to amend title 5, United States Code, to create a 
presumption that a disability or death of a Federal employee in fire 
protection activities caused by any of certain diseases is the result 
of the performance of such employee's duty; to the Committee on 
Governmental Affairs.
  Mr. KERRY. Mr. President, today I am introducing legislation on 
behalf of thousands of Federal firefighters and emergency response 
personnel worldwide who, at great risk to their own personal health and 
safety, protect America's defense, our veterans, Federal wildlands, and 
national treasures. Although the majority of these important Federal 
employees work for the Department of Defense, Federal firefighters are 
also employed by the Department of Veterans Affairs, and the U.S. Park 
Service. From first response emergency care services on military 
installations around the world to front-line defense against raging 
forest fires here at home, we call on these brave men and women to 
protect our national interests.
  Yet under Federal law, compensation and retirement benefits are not 
provided to Federal employees who suffer from occupational illnesses 
unless they can specify the conditions of employment which caused their 
disease. This onerous requirement makes it nearly impossible for 
Federal firefighters, who suffer from occupational diseases, to receive 
fair and just compensation or retirement benefits. The bureaucratic 
nightmare they must endure is burdensome, unnecessary, and in many 
cases, overwhelming. It is ironic and unjust that the very people we 
call on to protect our Federal interests are not afforded the very best 
health care and retirement benefits our Federal Government has to 
offer.
  Today, I introduced legislation, the Federal Fire Fighters Fairness 
Act of

[[Page 5324]]

2003, which amends the Federal Employees Compensation Act to create a 
presumptive disability for firefighters who become disabled by heart 
and lung disease, cancers such as leukemia and lymphoma, and infectious 
diseases like tuberculosis and hepatitis. Disabilities related to the 
cancers, heart, lung, and infectious diseases enumerated in this 
important legislation would be considered job related for purposes of 
workers compensation and disability retirement--entitling those 
affected to the health care coverage and retirement benefits that they 
deserve.
  Too frequently, the poisonous gases, toxic byproducts, asbestos, and 
other hazardous substances with which Federal firefighters and 
emergency response personnel come in contact, rob them of their health 
livelihood, and professional careers. The Federal Government should not 
rob them of necessary benefits. Thirty-eight States have already 
enacted a similar disability presumption law for Federal firefighters' 
counterparts working in similar capacities on the State and local 
levels.
  The effort behind the Federal Firefighters Fairness Act of 2003 marks 
a significant advancement for firefighter health and safety. Since 
September 11, there has been an enhanced appreciation for the risks 
that firefighters and emergency response personnel face every day. 
Federal firefighters deserve our highest commendation and it is time to 
do the right thing for these important Federal employees.
  The job of firefighting continues to be complex and dangerous. The 
nationwide increase in the use of hazardous materials, the recent rise 
in both natural and manmade disasters, and the threat of terrorism pose 
new threats to firefighter health and safety. The Federal Fire Fighters 
Fairness Act of 2003 will help protect the lives of our firefighters 
and it will provide them with a vehicle to secure their health and 
safety.
  I urge my colleagues to embrace this bipartisan effort and support 
the Federal Fire Fighters Fairness Act of 2003 on behalf of our 
Nation's Federal firefighters and emergency response personnel.
                                 ______
                                 
      By Mr. DORGAN (for himself and Mr. Johnson):
  S. 531. A bill to direct the Secretary of the Interior to establish 
the Missouri River Monitoring and Research Program, to authorize the 
establishment of the Missouri River Basin Stakeholder Committee, and 
for other purposes; to the Committee on Environment and Public Works.
  Mr. DORGAN. Mr. President, I am pleased my colleague from South 
Dakota, Senator Tim Johnson, is joining me today in introducing this 
Missouri River Enhancement and Monitoring Act of 2003, and I thank him 
for his efforts in working with me on this legislation. This bill will 
establish a program to conduct research on, and monitor the health of, 
the Missouri River to help recover threatened and endangered species, 
such as the pallid sturgeon and piping plover.
  This bill will enable those who are active in the Missouri River 
Basin to collect and analyze baseline data, so that we can monitor 
changes in the health of the river and in species recovery in future 
years, as river operations change.
  The program would also provide an analysis of the social and economic 
impacts along the river. And it would establish a stakeholder group to 
make recommendations on the recovery of the Missouri River ecosystem.
  The bill establishes a cooperative working arrangement between State, 
regional, Federal, tribal entities that are active in the Missouri 
River Basin. I look forward to working with all of the stakeholders in 
the basin to implement this important legislation.
  I am especially pleased that this legislation is supported by a broad 
range of stakeholders, including the North Dakota State Water 
Commission; the North Dakota Game and Fish Department; the Missouri 
River Natural Resources Committee; the Missouri River Basin 
Association; the South Dakota Department of Game, Fish and Parks; 
American Rivers; and Environmental Defense.
  I am confident this legislation will enjoy bipartisan support because 
of its significance in helping to monitor and restore the health of 
this historic river. Lewis and Clark traveled on this river. This river 
also contributes to $80 million in recreation, fishing, and tourism 
benefits in the basin. I look forward to participating in hearings on 
this bill and hope we will be able to pass it into law in the near 
future.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 531

       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 ``Missouri River Enhancement 
     and Monitoring Act of 2003''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Center.--The term ``Center'' means the River Studies 
     Center of the Biological Resources Division of the United 
     States Geological Survey, located in Columbia, Missouri.
       (2) Committee.--The term ``Committee'' means the Missouri 
     River Basin Stakeholder Committee established under section 
     4(a).
       (3) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (4) Program.--The term ``program'' means the Missouri River 
     monitoring and research program established under section 
     3(a).
       (5) River.--The term ``River'' means the Missouri River.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Biological Resources 
     Division of the United States Geological Survey.
       (7) State.--The term ``State'' means--
       (A) the State of Iowa;
       (B) the State of Kansas;
       (C) the State of Missouri;
       (D) the State of Montana;
       (E) the State of Nebraska;
       (F) the State of North Dakota;
       (G) the State of South Dakota; and
       (H) the State of Wyoming.
       (8) State agency.--The term ``State agency'' means an 
     agency of a State that has jurisdiction over fish and 
     wildlife of the River.

     SEC. 3. MISSOURI RIVER MONITORING AND RESEARCH PROGRAM.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish the 
     Missouri River monitoring and research Program--
       (1)(A) to coordinate the collection of information on the 
     biological and water quality characteristics of the River; 
     and
       (B) to evaluate how those characteristics are affected by 
     hydrology;
       (2) to coordinate the monitoring and assessment of biota 
     (including threatened or endangered species) and habitat of 
     the River; and
       (3) to make recommendations on means to assist in restoring 
     the ecosystem of the River.
       (b) Consultation.--In establishing the program under 
     subsection (a), the Secretary shall consult with--
       (1) the Biological Resources Division of the United States 
     Geological Survey;
       (2) the Director of the United States Fish and Wildlife 
     Service;
       (3) the Chief of Engineers;
       (4) the Western Area Power Administration;
       (5) the Administrator of the Environmental Protection 
     Agency;
       (6) the Governors of the States, acting through--
       (A) the Missouri River Natural Resources Committee; and
       (B) the Missouri River Basin Association; and
       (7) the Indian tribes of the Missouri River Basin.
       (c) Administration.--The Center shall administer the 
     program.
       (d) Activities.--In administering the program, the Center 
     shall--
       (1) establish a baseline of conditions for the River 
     against which future activities may be measured;
       (2) monitor biota (including threatened or endangered 
     species), habitats, and the water quality of the River;
       (3) if initial monitoring carried out under paragraph (2) 
     indicates that there is a need for additional research, carry 
     out any additional research appropriate to--
       (A) advance the understanding of the ecosystem of the 
     River; and
       (B) assist in guiding the operation and management of the 
     River;
       (4) use any scientific information obtained from the 
     monitoring and research to assist in the recovery of the 
     threatened species and endangered species of the River; and
       (5) establish a scientific database that shall be--
       (A) coordinated among the States and Indian tribes of the 
     Missouri River Basin; and

[[Page 5325]]

       (B) readily available to members of the public.
       (e) Contracts With Indian Tribes.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall enter into contracts in accordance 
     with section 102 of the Indian Self-Determination Act (25 
     U.S.C. 450f) with Indian tribes that have--
       (A) reservations located along the River; and
       (B) an interest in monitoring and assessing the condition 
     of the River.
       (2) Requirements.--A contract entered into under paragraph 
     (1) shall be for activities that--
       (A) carry out the purposes of this Act; and
       (B) complement any activities relating to the River that 
     are carried out by--
       (i) the Center; or
       (ii) the States.
       (f) Monitoring and Recovery of Threatened Species and 
     Endangered Species.--The Center shall provide financial 
     assistance to the United States Fish and Wildlife Service and 
     State agencies to monitor and recover threatened species and 
     endangered species, including monitoring the response of 
     pallid sturgeon to reservoir operations on the mainstem of 
     the River.
       (g) Grant Program.--
       (1) In general.--The Center shall carry out a competitive 
     grant program under which the Center shall provide grants to 
     States, Indian tribes, research institutions, and other 
     eligible entities and individuals to conduct research on the 
     impacts of the operation and maintenance of the mainstem 
     reservoirs on the River on the health of fish and wildlife of 
     the River, including an analysis of any adverse social and 
     economic impacts that result from reoperation measures on the 
     River.
       (2) Requirements.--On an annual basis, the Center, the 
     Director of the United States Fish and Wildlife Service, the 
     Director of the United States Geological Survey, and the 
     Missouri River Natural Resources Committee, shall--
       (A) prioritize research needs for the River;
       (B) issue a request for grant proposals; and
       (C) award grants to the entities and individuals eligible 
     for assistance under paragraph (1).
       (h) Allocation of Funds.--
       (1) Center.--Of amounts made available to carry out this 
     section, the Secretary shall make the following percentages 
     of funds available to the Center:
       (A) 35 percent for fiscal year 2004.
       (B) 40 percent for fiscal year 2005.
       (C) 50 percent for each of fiscal years 2006 through 2018.
       (2) States and indian tribes.--Of amounts made available to 
     carry out this section, the Secretary shall use the following 
     percentages of funds to provide assistance to States or 
     Indian tribes of the Missouri River Basin to carry out 
     activities under subsection (d):
       (A) 65 percent for fiscal year 2004.
       (B) 60 percent for fiscal year 2005.
       (C) 50 percent for each of fiscal years 2006 through 2018.
       (3) Use of allocations.--
       (A) In general.--Of the amount made available to the Center 
     for a fiscal year under paragraph (1)(C), not less than--
       (i) 20 percent of the amount shall be made available to 
     provide financial assistance under subsection (f); and
       (ii) 33 percent of the amount shall be made available to 
     provide grants under subsection (g).
       (B) Administrative and other expenses.--Any amount 
     remaining after application of subparagraph (A) shall be used 
     to pay the costs of--
       (i) administering the program;
       (ii) collecting additional information relating to the 
     River, as appropriate;
       (iii) analyzing and presenting the information collected 
     under clause (ii); and
       (iv) preparing any appropriate reports, including the 
     report required by subsection (i).
       (i) Report.--Not later than 3 years after the date on which 
     the program is established under subsection (a), and not less 
     often than every 3 years thereafter, the Secretary, in 
     cooperation with the individuals and agencies referred to in 
     subsection (b), shall--
       (1) review the program;
       (2) establish and revise the purposes of the program, as 
     the Secretary determines to be appropriate; and
       (3) submit to the appropriate committees of Congress a 
     report on the environmental health of the River, including--
       (A) recommendations on means to assist in the comprehensive 
     restoration of the River; and
       (B) an analysis of any adverse social and economic impacts 
     on the River, in accordance with subsection (g)(1).

     SEC. 4. MISSOURI RIVER BASIN STAKEHOLDER COMMITTEE.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Governors of the States and the 
     governing bodies of the Indian tribes of the Missouri River 
     Basin shall establish a committee to be known as the 
     ``Missouri River Basin Stakeholder Committee'' to make 
     recommendations to the Federal agencies with jurisdiction 
     over the River on means of restoring the ecosystem of the 
     River.
       (b) Membership.--The Governors of the States and governing 
     bodies of the Indian tribes of the Missouri River Basin shall 
     appoint to the Committee--
       (1) representatives of--
       (A) the States; and
       (B) Indian tribes of the Missouri River Basin;
       (2) individuals in the States with an interest in or 
     expertise relating to the River; and
       (3) such other individuals as the Governors of the States 
     and governing bodies of the Indian tribes of the Missouri 
     River Basin determine to be appropriate.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary--
       (1) to carry out section 3--
       (A) $6,500,000 for fiscal year 2004;
       (B) $8,500,000 for fiscal year 2005; and
       (C) $15,100,000 for each of fiscal years 2006 through 2018; 
     and
       (2) to carry out section 4, $150,000 for fiscal year 2004.
                                 ______
                                 
      By Mrs. HUTCHISON (for herself, Mr. Domenici, Mr. Bingaman, and 
        Mr. McCain):
  S. 532. A bill to enhance the capacity of organizations working in 
the United States-Mexico border region to develop affordable housing 
and infrastructure and to foster economic opportunity in the colonias; 
to the Committee on Banking, Housing, and Urban Affairs.
  Mrs. HUTCHISON. Mr. President, today I rise to introduce legislation 
to improve the deplorable housing situation in the valley region of the 
Texas border with Mexico. Our colonias are among the most distressed 
areas of the country.
  In 1993 when I ran for the Senate, I visited with a woman named Elida 
Bocanegra who led me through the streets of the colonia where she 
lived. Elida showed me her community and, quite frankly, I couldn't 
believe I was in America. Since my election to the Senate, I have 
worked to improve living conditions and the quality of life for people 
such as Elida, helping to secure more than $615 million for the 
colonias of my State. In fact, my first amendment as a Senator 
authorized $50 million for a colonias clean-up project.
  Despite third world living conditions, colonias, or underdeveloped 
subdivisions, have grown in population. Along the 1,248 mile stretch 
from Cameron County to El Paso County in Texas, there are more than 
1,400 colonias that suffer from such conditions as open sewage, a lack 
of indoor plumbing, and poor housing construction.
  The Colonias Gateway Initiative Act establishes annual competitive 
grants for nonprofit organizations which work to develop affordable 
housing, improve infrastructure, and foster economic opportunities. My 
bill would authorize the Secretary of Housing and Urban Development to 
award $16 million in the fiscal year 2004 and appoint a nine-member 
advisory board consisting of colonias residents and service providers 
to facilitate communication. This bill will bring quality-of-life 
improvements to those who need it most, providing the most basic 
services like indoor plumbing. It will also provide funds to build 
affordable housing. This piece of legislation I introduce today will 
fulfill the most basic needs of these communities. As you can see, the 
Colonias Gateway Initiative Act will assist our neediest people, foster 
economic opportunity, and vastly improve the quality of life. Mr. 
President, I ask unanimous consent that the text of the bill be placed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 532

       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 ``Colonias Gateway Initiative 
     Act''.

     SEC. 2. COLONIAS GATEWAY INITIATIVE.

       (a) Definitions.--In this section:
       (1) Colonia.--The term ``colonia'' means any identifiable 
     community that--
       (A) is located in the State of Arizona, California, New 
     Mexico, or Texas;
       (B) is located in the United States-Mexico border region;
       (C) is determined to be a colonia on the basis of objective 
     criteria, including lack of potable water supply, lack of 
     adequate sewage systems, and lack of decent, safe, and 
     sanitary housing; and
       (D) was in existence and generally recognized as a colonia 
     before the date of enactment of this Act.
       (2) Regional organization.--The term ``regional 
     organization'' means a nonprofit organization or a consortium 
     of nonprofit organizations with the capacity to serve 
     colonias.

[[Page 5326]]

       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (4) United states-mexico border region.--The term ``United 
     States-Mexico border region'' means the area of the United 
     States within 150 miles of the border between the United 
     States and Mexico, except that such term does not include any 
     standard metropolitan statistical area that has a population 
     exceeding 1,000,000.
       (b) Grant Program.--To the extent amounts are made 
     available to carry out this section, the Secretary may make 
     grants under this section to 1 or more regional organizations 
     to enhance the availability of affordable housing, economic 
     opportunity, and infrastructure in the colonias.
       (c) Grants.--
       (1) In general.--Grants under this section may be made only 
     to regional organizations selected pursuant to subsection 
     (d).
       (2) Selection.--After a regional organization has been 
     selected pursuant to subsection (d) to receive a grant under 
     this section, the Secretary may provide a grant to such 
     organization in subsequent fiscal years, subject to 
     subsection (f)(2).
       (d) Selection of Regional Organizations.--
       (1) In general.--The Secretary shall select 1 or more 
     regional organizations that submit applications for grants 
     under this section to receive such grants.
       (2) Competition.--The selection under paragraph (1) shall 
     be made pursuant to a competition, which shall--
       (A) consider the proposed work plan of the applicant under 
     subsection (f); and
       (B) be based upon the criteria described in paragraph (3).
       (3) Criteria.--Criteria for the selection of a grant 
     recipient shall include a demonstration of the extent to 
     which the applicant organization has the capacity to--
       (A) enhance the availability of affordable housing, 
     economic opportunity, and infrastructure in the colonias by 
     carrying out the eligible activities set forth in subsection 
     (g);
       (B) provide assistance in each State in which colonias are 
     located;
       (C) form partnerships with the public and private sectors 
     and local and regional housing and economic development 
     intermediaries to leverage and coordinate additional 
     resources to achieve the purposes of this section;
       (D) ensure accountability to the residents of the colonias 
     through active and ongoing outreach to, and consultation 
     with, residents and local governments; and
       (E) meet such other criteria as the Secretary may specify.
       (4) Distribution of funding.--In making the selection under 
     paragraph (1), the Secretary shall ensure that--
       (A) each State in the United States-Mexico border region 
     receives a grant under this Act; and
       (B) each State receives not less than 15 percent of the 
     amounts appropriated to carry out this Act.
       (e) Advisory Board.--
       (1) Membership.--The Secretary shall appoint an Advisory 
     Board that shall consist of 9 members, who shall include--
       (A) 1 individual from each State in which colonias are 
     located;
       (B) 3 individuals who are members of non-profit or private 
     sector organizations having substantial investments in the 
     colonias, at least 1 of whom is a member of such a private 
     sector organization; and
       (C) 2 individuals who are residents of a colonia.
       (2) Chairperson.--
       (A) In general.--The Secretary shall designate a member of 
     the Advisory Board to serve as Chairperson for a 1-year term.
       (B) Alternating chairperson.--At the end of the 1-year term 
     referred to in subparagraph (A), the Secretary shall 
     designate a different member to serve as Chairperson, 
     ensuring that the Chairperson position rotates to a member 
     from every State in which colonias are located.
       (3) Term.--Advisory Board members shall be appointed for 2-
     year terms that shall be renewable at the discretion of the 
     Secretary.
       (4) Compensation.--Advisory Board members shall serve 
     without compensation, but the Secretary may provide members 
     with travel expenses, including per diem in lieu of 
     subsistence, in accordance with sections 5702 and 5703 of 
     title 5, United States Code.
       (5) Functions.--The Advisory Board shall--
       (A) assist any regional organization that receives a grant 
     under this section in the development and implementation of 
     its final work plan under subsection (f);
       (B) review and approve all final work plans;
       (C) assist the Secretary in monitoring and evaluating the 
     performance of any regional organization in implementing its 
     final work plan; and
       (D) provide such other assistance as the Secretary may 
     request.
       (f) Work Plans.--
       (1) Application.--Each regional organization applying for a 
     grant under this section shall include in its application a 
     proposed work plan.
       (2) Annual submission.--To be eligible to continue 
     receiving annual grants under this section after selection 
     pursuant to subsection (d), a regional organization shall, on 
     an annual basis after such selection and subject to the 
     determination of the Secretary to continue to provide grant 
     amounts to such regional organization, submit a proposed work 
     plan to the Advisory Board and the Secretary for review and 
     approval.
       (3) Final work plan.--In any fiscal year, including the 
     fiscal year in which any regional organization is selected 
     pursuant to subsection (d), prior to final determination and 
     allocation of specific grant amounts, each selected regional 
     organization shall, with the assistance of the Advisory 
     Board, develop a final work plan that thoroughly describes 
     how the regional organization will use specific grant amounts 
     to carry out its functions under this section, which shall 
     include--
       (A) a description of outcome measures and other baseline 
     information to be used to monitor success in promoting 
     affordable housing, economic opportunity, and infrastructure 
     in the colonias;
       (B) an account of how the regional organization will 
     strengthen the coordination of existing resources used to 
     assist residents of the colonias, and how the regional 
     organization will leverage additional public and private 
     resources to complement such existing resources;
       (C) an explanation, in part, of the effects that 
     implementation of the work plan will have on areas in and 
     around colonias; and
       (D) such assurances as the Secretary may require that grant 
     amounts will be used in a manner that results in assistance 
     and investments for colonias in each State containing 
     colonias, in accordance with requirements that the Advisory 
     Board and the Secretary may establish that provide for a 
     minimum level of such investment and assistance as a 
     condition of the approval of the work plans.
       (4) Approval.--
       (A) In general.--No grant amounts under this section for a 
     fiscal year may be provided to a regional organization until 
     the Secretary approves the final work plan of the 
     organization, including a specific grant amount for the 
     organization.
       (B) Considerations.--In determining whether to approve a 
     final work plan, the Secretary shall consider whether the 
     Advisory Board approved the plan.
       (C) Nonapproval of plan.--To the extent that the Advisory 
     Board or the Secretary does not approve a work plan, the 
     Advisory Board or the Secretary shall, to the maximum extent 
     practicable, assist the selected regional organization that 
     submitted the plan to develop an approvable plan.
       (g) Eligible Activities.--Grant amounts under this section 
     may be used only to carry out eligible activities to benefit 
     the colonias, including--
       (1) coordination of public, private, and community-based 
     resources and the use of grant amounts to leverage such 
     resources;
       (2) technical assistance and capacity building, including 
     training, business planning and investment advice, and the 
     development of marketing and strategic investment plans;
       (3) initial and early-stage investments in activities to 
     provide--
       (A) housing, infrastructure, and economic development;
       (B) housing counseling and financial education, including 
     counseling and education about avoiding predatory lending; 
     and
       (C) access to financial services for residents of colonias;
       (4) development of comprehensive, regional, socioeconomic, 
     and other data, and the establishment of a centralized 
     information resource, to facilitate strategic planning and 
     investments;
       (5) administrative and planning costs of any regional 
     organization in carrying out this section, except that the 
     Secretary may limit the amount of grant funds used for such 
     costs; and
       (6) such other activities as the Secretary considers 
     appropriate to carry out this section.
       (h) Grant Agreements.--A grant under this section shall be 
     made only pursuant to a grant agreement between the Secretary 
     and a regional organization selected under this section.
       (i) Termination and Recapture.--If the Secretary determines 
     that a regional organization that was awarded a grant under 
     this section has not substantially fulfilled its obligations 
     under its final work plan or grant agreement, the Secretary 
     shall terminate the participation of that regional 
     organization under this section, and shall recapture any 
     unexpended grant amounts.
       (j) Details From Other Agencies.--Upon request of any 
     selected regional organization that has an approved work 
     plan, the head of any Federal agency may detail, on a 
     reimbursable basis, any of the personnel of such agency to 
     that regional organization to assist it in carrying out its 
     duties under this section.
       (k) Environmental Review.--For purposes of environmental 
     review, projects assisted by grant amounts under this section 
     shall--
       (1) be treated as special projects that are subject to 
     section 305(c) of the Multifamily Housing Property 
     Disposition Reform Act of 1994 (42 U.S.C. 3547); and
       (2) be subject to regulations issued by the Secretary to 
     implement such section 305(c).
       (l) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--

[[Page 5327]]

       (1) $16,000,000 for fiscal year 2004; and
       (2) such sums as may be necessary for each of fiscal years 
     2005 through 2009.
       (m) Sunset.--No new grants may be provided under this 
     section after September 30, 2009.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 535. A bill to provide Capitol-flown flags to the families of law 
enforcement officers and firefighters killed in the line of duty; to 
the Committee on Rules and Administration.
  Mr. CAMPBELL. Mr. President, today I am introducing the Fallen Law 
Enforcement Officers and Firefighters Flag Memorial Act of 2003.
  This bill would help honor the sacrifice of the men and women who 
lost their lives in the line of duty by providing Capitol-flown flags 
to the families of deceased law enforcement officers and firefighters.
  Under this legislation, the family of a deceased law enforcement 
officer can request from the Attorney General that a flag be flown over 
the U.S. Capitol in honor of the slain officer. The Department of 
Justice shall pay the cost of the flags, including shipping, out of 
discretionary grant funds, and provide them to the victim's family.
  As a former deputy sheriff, I know firsthand the risks which law 
enforcement officers face every day on the frontlines protecting our 
communities. I also have great appreciation, as the cochair of the 
Congressional Fire Caucus, for the service that our Nation's 
firefighters provide, day in and day out, and that all too often, they 
end up sacrificing their lives while saving others.
  I believe providing a Capitol-flown flag is a fitting way to show our 
appreciation for fallen officers and firefighters who make the ultimate 
sacrifice. It also lets their families know that Congress and the 
Nation are grateful for their loved one's service.
  I ask unanimous consent that the text of Fallen Law Enforcement 
Officers and Firefighters Flag Memorial Act of 2003 be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 535

       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 ``Fallen Law Enforcement 
     Officers and Firefighters Flag Memorial Act of 2003''.

     SEC. 2. CAPITOL-FLOWN FLAGS FOR FAMILIES OF DECEASED LAW 
                   ENFORCEMENT OFFICERS.

       (a) Authority.--
       (1) In general.--The family of a deceased law enforcement 
     officer may request, and the Attorney General shall provide 
     to such family, a Capitol-flown flag, which shall be supplied 
     to the Attorney General by the Architect of the Capitol. The 
     Department of Justice shall pay the cost of such flag, 
     including shipping, out of discretionary grant funds.
       (2) Effective date.--Paragraph (1) shall take effect on the 
     date on which the Attorney General establishes the procedure 
     required by subsection (b).
       (b) Procedure.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall establish a 
     procedure (including any appropriate forms) by which the 
     family of a deceased law enforcement officer may request, and 
     provide sufficient information to determine such officer's 
     eligibility for, a Capitol-flown flag.
       (c) Applicability.--This Act shall only apply to a deceased 
     law enforcement officer who died on or after the date of 
     enactment of this Act.
       (d) Definitions.--In this Act--
       (1) the term ``Capitol-flown flag'' means a United States 
     flag flown over the United States Capitol in honor of the 
     deceased law enforcement officer for whom such flag is 
     requested; and
       (2) the term ``deceased law enforcement officer'' means a 
     person who was charged with protecting public safety, who was 
     authorized to make arrests by a Federal, State, Tribal, 
     county, or local law enforcement agency, and who died while 
     acting in the line of duty.

     SEC. 3. CAPITOL-FLOWN FLAGS FOR FAMILIES OF DECEASED 
                   FIREFIGHTERS.

       (a) Authority.--The family of a paid or volunteer 
     firefighter who dies in the line of duty may request, and the 
     Director of the Federal Emergency Management Agency shall 
     provide to such family, a capitol-flown flag, which shall be 
     supplied to the Director by the Architect of the Capitol. The 
     Federal Emergency Management Agency shall pay the cost of 
     such flag, including shipping, out of discretionary grant 
     funds.
       (b) Effective Date.--This section shall take effect on the 
     date on which the Attorney General establishes the procedure 
     required by section 2(b).
                                 ______
                                 
      By Mr. DeWINE (for himself, Mr. Levin, Ms. Collins, Mr. Reed, Mr. 
        Voinovich, and Ms. Stabenow):
  536. A bill to establish the National Invasive Species Council, and 
for other purposes; to the Committee on Environment and Public Works.
  Mr. DeWINE. Mr. President, today I am pleased to join with Senators 
Levin, Collins, Reed, Voinovich, and Stabenow, to introduce the 
National Invasive Species Council Act--a bill to permanently establish 
the National Invasive Species Council. The National Invasive Species 
Council was established by an Executive order so that the Federal 
Government can better coordinate to combat the economic, ecologic, and 
health threat of invasive species.
  Invasive species are a national threat. Estimates of the annual 
economic damages caused by invasive species in this Nation are as high 
as $137 billion. To combat the serious threats posed by invasive 
species, we need Federal coordination and planning. Our bill would 
provide just that--on a permanent basis. Under this legislation, the 
Secretaries of State, Commerce, Transportation, Agriculture, Health & 
Human Services, Interior, Defense, and Treasury, along with the 
Administrators of EPA and USAID, would continue to work together 
through the Council to develop a National Invasive Species Management 
Plan.
  Though the Council can continue to operate and develop invasive 
species management plans as they currently do, the GAO reported last 
year that implementing the national invasive species management plan is 
difficult because the Council does not have a congressional mandate to 
act. GAO also reported that most of the agencies that have 
responsibilities under the National Invasive Species Management Plan 
have been slow to complete activities by the due date established under 
the plan and the agencies do not always act in a coordinated manner. As 
my colleagues who are cosponsoring this bill know, invasive species are 
too great of a problem to be left unmanaged.
  The duties of the Council are generally to coordinate Federal 
activities in an effective, complementary, cost-efficient manner; 
update the National Invasive Species Management Plan; ensure that 
Federal agencies implement the management plan; and develop 
recommendations for international cooperation. Agencies that do not 
implement the recommendations of the National Invasive Species 
Management Plan must report to Congress as to why the recommendations 
were not implemented. The Council is directed to develop guidance for 
Federal agencies on prevention, control, and eradication of invasive 
species so that Federal programs and actions do not increase the risk 
of invasion or spread nonindigenous species. And finally, the bill also 
establishes an Invasive Species Advisory Committee to the Council.
  Ultimately, with a congressional mandate, the Council can enhance its 
effectiveness and better protect our environment from invasive species. 
I urge my colleagues to cosponsor this measure so that the Federal 
Government can improve its response to invasive species threat.
  Mr. VOINOVICH. Mr. President, I rise today in support of the National 
Aquatic Invasive Species Act and the National Invasive Species Council 
Act. As a Senator representing a Great Lake State, I am proud to be an 
original cosponsor of both of these bills that are critical to the 
future of the Great Lakes ecosystem.
  In my 36 years of public service, one of my greatest sources of 
comfort and accomplishment has been my work to help clean up and 
protect the environment, particularly Lake Erie.
  Lake Erie's ecology has come a long way since I was elected to the 
state legislature in 1966. During that time, Lake Erie formed the 
northern border of my district and it was known worldwide as a dying 
lake, suffering from eutrophication. Lake Erie's decline was covered 
extensively by the media and became an international symbol of 
pollution and environmental degradation.

[[Page 5328]]

I remember the British Broadcasting Company even sending a film crew to 
make a documentary about it. One reason for all the attention is that 
Lake Erie is a source of drinking water for 11 million people.
  Seeing firsthand the effects of pollution on Lake Erie and the 
surrounding region, I knew we had to do more to protect the environment 
for our children and grandchildren. As a State legislator, I made a 
commitment to stop the deterioration of the lake and to wage the 
``Second Battle of Lake Erie'' to reclaim and restore Ohio's Great 
Lake. I have continued this fight throughout my career as County 
Commissioner, state legislator, Mayor of Cleveland, Governor of Ohio, 
and United States Senator.
  It is comforting to me that 36 years since I started my career in 
public service, I am still involved, as a member of the United States 
Senate and our Committee on Environment and Public Works, in the battle 
to save Lake Erie.
  Today in Ohio, we celebrate Lake Erie's improved water quality. It is 
a habitat to countless species of wildlife, a vital resource to the 
area's tourism, transportation, and recreation industries, and the main 
source of drinking water for many Ohioans. Unfortunately, however, 
there is still a great deal that needs to be done to improve and 
protect Ohio's greatest natural asset.
  Our current enemy is the aquatic invasive species that threaten the 
health and viability of the Great Lakes fishery and ecosystem. I am 
worried about these aquatic terrorists in the ballast water that enter 
the Great Lakes system through boats from all over the world. These 
species are already wreaking havoc in the lakes and will continue to do 
so until they are stopped.
  Since the 1800s, over 145 invasive species have colonized in the 
Great Lakes. Since 1990, when legislation to address aquatic nuisance 
species was first enacted, we have averaged about one new invader each 
year. Clearly, we have not closed the door to invasive species. I am 
deeply troubled by the surge in new invasive species in Lake Erie, 
because once a species establishes itself, there is virtually no way to 
eliminate it.
  As Mayor of Cleveland in the 1980s, I was alarmed about the 
introduction of zebra mussels into the Great Lakes and conducted the 
first national meeting to investigate the problem. It is a complicated 
situation and we are still learning how invasive species like the zebra 
mussel affect the ecosystem.
  In early August, for example, I conducted a field hearing of the 
Environment and Public Works Committee to examine the increasingly 
extensive oxygen depletion or anoxia in the central basin of Lake Erie. 
This phenomenon has been referred to as a ``dead zone.'' Anoxia over 
the long term could result in massive fish kills, toxic algae blooms, 
and bad-tasting or bad-smelling water.
  Anoxia is usually the result of decaying algae blooms which consume 
oxygen at the bottom of the lake. In the past, excessive phosphorus 
loading from point sources such as municipal sewage treatment plants 
were greatly responsible for algae blooms. Since 1965, the level of 
phosphorus entering the Lake has been reduced by about 50 percent. 
These reductions have resulted in smaller quantities of algae and more 
oxygen into the system.
  In recent years, overall phosphorus levels in the Lake have been 
increasing, but the amount of phosphorus entering it has not. 
Scientists are unable to account for the increased levels of phosphorus 
in the Lake. One hypothesis is the influence of two aquatic nuisance 
species--the zebra and quagga mussels. Although their influence is not 
well understood, they may be altering the way phosphorus cycles through 
the system.
  Another way zebra mussels could be responsible for oxygen depletion 
in Lake Erie is due to their ability to filter and clear vast 
quantities of lake water. Clearer water allows light to penetrate 
deeper into the Lake, encouraging additional organic growth on the 
bottom. When this organic material decays, it consumes oxygen.
  The possible link between Lake Erie's ``dead zone'' problem and 
aquatic nuisance species like the zebra mussel should underscore the 
importance of our legislation, the National Aquatic Nuisance Species 
Act. Over the last 30 years, we have made remarkable progress in 
improving water quality and restoring the natural resources of our 
Nation's aquatic areas, and we need to prevent any backsliding on this 
progress.
  While aquatic invasive species are a particular problem because they 
readily spread through interconnected waterways and are difficult to 
treat safely, they represent only one piece of the problem. Both 
terrestrial and aquatic invasive species cause significant economic and 
ecological damage throughout North America. Recent estimates state that 
invasive species cost the U.S. at least $138 billion per year and that 
42 percent of the species on the Threatened and Endangered Lists are at 
risk primarily due to invasive species.
  In 1999, President Clinton issued an Executive Order creating the 
National Invasive Species Council to develop a national management plan 
for invasive species and bring together the federal agencies 
responsible for managing them. This was a promising action that has 
never been fully implemented. The National Invasive Species Management 
Plan was issued in 2001, but agencies with responsibilities under the 
plan have been slow to complete activities by the established due dates 
and the agencies do not always act in a coordinated manner.
  The General Accounting Office released a report in October 2002 that 
claimed that implementing the Management Plan was being hampered by the 
lack of a congressional mandate for the Council. It is disturbing to me 
that this Council exists but is not making substantial progress. Make 
no mistake about it; these species are not waiting for the Federal 
Government to get all of its ducks in a row. They are continuing to 
take over the waters and lands of the U.S.
  The National Invasive Species Council Act will fix this problem by 
legislatively establishing the Council. Because timing is so important, 
I urge my colleagues to act quickly on both of these bills to ensure 
that the National Invasive Species Management Plan is updated and fully 
implemented.
  We must act quickly to strengthen the oversight of efforts preventing 
invasive species from wreaking havoc on the Great Lakes' aquatic 
habitat and throughout the U.S.
  I look forward to working with my colleagues in the House and Senate 
to move these bills forward. I understand that both bills will be 
referred to the Environment and Public Works Committee today, and I 
look forward to working with Chairman Inhofe to move them expeditiously 
through committee.
                                 ______
                                 
      By Mrs. CLINTON (for herself, Mr. Warner, Ms. Mikulski, Ms. 
        Snowe, Mr. Breaux, Mr. Jeffords, Mrs. Murray, Ms. Collins, Mr. 
        Kennedy, and Mr. Smith):
  S. 538. A bill to amend the Public Health Service Act to establish a 
program to assist family caregivers in accessing affordable and high-
quality respite care, and for other purposes; to the Committee on 
Health, Education, Labor, and Pensions.
  Mrs. CLINTON. Mr. President, I am proud to introduce the Lifespan 
Respite Care Act of 2003 today, a bill to establish the availability of 
respite services for our family caregivers, and to increase 
coordination of these programs so that caregivers will be better able 
to access them.
  As a nation, we rely on family caregivers. Twenty-six million 
Americans care for an adult family member who is ill or disabled. 
Eighteen million children have a condition that places significant 
demands on their parental caregivers. Four million Americans with 
mental retardation or a developmental disability rely on family members 
for care and supervision. If services provided by family caregivers 
were replaced by paid services, it would cost nearly $200 billion 
annually.
  But these are just numbers. Every member has a human face. Let me 
tell

[[Page 5329]]

you about Heather Thoms-Chelsey. I met Heather last year at a press 
conference announcing the Lifespan Respite Care Act of 2002. At that 
press conference I also met Heather's then 4-year-old daughter, 
Victoria, who has Rett syndrome. Victoria is totally dependent on 
family caregivers for all basic living skills: dressing, feeding, 
bathing and toileting. She also engages in self-injurious behaviors, 
hand-biting, head banging, body slamming, hair pulling. She has to be 
monitored all the time for her protection. Heather says, ``I feel tired 
and exhausted after only less than 5 years, what will I be like in 15? 
Or even 20?''
  Heather is very resourceful. She has managed to find some respite 
care--164 hours per year--through her State's department of hygiene and 
mental health. She used 4 hours of her allotted time to bring a respite 
care worker with her to the press conference so she could tell us her 
story. The State allows Heather a maximum payment of $7.50 per hour for 
respite services. It is difficult to find someone who can care for a 
child with such complicated needs for that. Most of the time, Heather 
uses the respite care dollars to hire someone to help her care for 
Victoria in the home or on an outing. Very rarely does Heather actually 
get to leave the house and take a real break. Some would say Heather is 
one of the lucky ones. She actually has some respite care. Many people 
have none.
  Heather's story is repeated all across this country. Some people are 
caring for children or grandchildren with special needs and elderly 
parents at the same time. Some have called these people the 
``sandwich'' generation, sandwiched between the caregiving demands of 
children or grandchildren and the caregiving demands of elderly 
parents.
  Just because family caregiving is unpaid does not mean it is 
costless. Caregiving is certainly personally rewarding but it can also 
result in substantial emotional and physical strain and financial 
hardship. Many caregivers are exhausted and become sick themselves. 
Many give up jobs to care for loved ones, putting their own financial 
security in jeopardy.
  I believe that our country is suffering not just from a budget 
deficit, but what Mona Harrington has called, ``a care deficit.'' 
Everywhere we look--nursing, childcare, teaching, long-term care--we 
see shortages and looming crises that threaten the provision of care on 
which our children, our parents, and our families all depend. 
Caregiving is undervalued, underfinanced, and too often uncompensated. 
Family caregiving seems almost ``invisible'' in our society, perhaps 
because it is work that women perform in the home.
  It is time we recognize the heroic effort of our family caregivers 
and provide them the kind of support they need before their own health 
deteriorates. One way to do that is through respite care. Respite care 
provides a much needed break from the daily demands of caregiving for a 
few hours or a few days. These welcome breaks help protect the physical 
and mental health of the family caregiver, making it possible for the 
individual in need of care to remain in the home.
  Unfortunately, respite care is hard to find. Many caregivers do not 
know how to find information about services available. Even when 
community respite care services exist, there are often long waiting 
lists. For example, the United Cerebral Palsy Association of Nassau 
County on Long Island, provides respite service to 70 people but they 
have had a 200-person waiting list since 1995. In the same community, 
the Association for the Help of Retarded Children serves 140 
youngsters; 200 children are on their waiting list. Variety 
Preschoolers serves 150 toddlers with special needs; 120 children are 
on their waiting list. The list goes on and on.
  But, this is not a problem isolated to Long Island, NY. It is 
happening all across America. There are more caregivers in need of 
respite care than there are respite care resources available. Part of 
the problem is funding and part of the problem is staffing.
  Children and adults with special needs require trained caregivers. 
Parents and spouses and other family caregivers are understandably 
hesitant to leave their loved ones with untrained staff. But training 
staff costs money and trained staff are going to be reluctant to work 
for as little as $7-8 an hour. Until we recognize the value of 
caregiving and pay for it as a valued service, we are going to continue 
to face shortages: shortages in respite care but also shortage in 
caregiving in a larger sense.
  We don't have enough teachers. We don't have enough nurses. We don't 
have enough childcare workers. We don't have enough trained workers to 
care for our elderly. And we don't have enough trained staff to provide 
respite care.
  It is time that we, as a nation, face this care deficit and do 
something about it.
  Today, I, along with my colleagues, Senators Warner, Mikulski, Snowe, 
Breaux, Jeffords, Murray, Collins, Kennedy, and Smith, are introducing 
the Lifespan Respite Care Act of 2003. This bill would provide over $90 
million in grants annually to develop a coordinated system of respite 
care services for family caregivers of individuals with special needs 
regardless of age. Funds could also be used to increase respite care 
services or to train respite care workers or volunteers.
  Some of my colleagues have questioned the pricetag of this 
legislation. I ask them to do the math. With 26 million caregivers of 
adults and 18 million caregivers of children with special needs, $90 
million dollars amounts to $2.05 per caregiver. If anything, we should 
be investing more in respite care, not less. Estimates place the cost 
of current family caregiving at $200 billion annually. We simply cannot 
afford to continue to ignore this issue.
  I remain committed to the concerns of family caregivers and to their 
need for respite care in particular. Together, I believe we can pass 
respite care legislation.
  But, our work cannot stop there. The need of family caregivers for 
respite care is just one important piece of a larger complex picture. I 
am asking you to join me in a longer term effort to put the care 
deficit--in childcare, in teaching, in nursing, in long-term care, as 
well as in family caregiving--on the national agenda.
                                 ______
                                 
      By Mr. DOMENICI (for himself, Mr. Dorgan, Mr. Kyl, Mrs. 
        Feinstein, Ms. Murkowski, Mr. Burns, Mrs. Murray, Mr. McCain, 
        Mrs. Hutchison, Mr. Coleman, and Mr. Bingaman):
  S. 539. A bill to authorize appropriations for border and 
transportation security personnel and technology, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. DOMENICI. Mr. President, I rise today to introduce a bill of 
critical importance to our Nation's economic well-being and the 
security of our borders: the Border Infrastructure and Technology 
Modernization Act.
  No American border has undergone a comprehensive infrastructure 
overhaul since 1986, when Senator Dennis DeConcini of Arizona and I put 
forth a $357 million effort to modernize the southwest border. That 
bill pertained only to the southwest border, and a great deal was 
changed since 1986.
  More importantly, much has changed since September 11, 2001. It is 
now critical that we look at the big picture and give our northern and 
southwestern borders the resources they need to address security 
vulnerabilities and facilitate the flow of trade.
  Two years ago, the General Services Administration completed a 
comprehensive assessment of infrastructure needs on the southwestern 
and northern borders of the United States. This assessment found that 
overhauling both borders would require $784 million.
  Since the publication of that assessment in February 2001, many of 
the needs identified remain outstanding. Many have grown, and new needs 
have arisen as the task of making border trade flow faster has become 
more complicated in the face of unprecedented security concerns.
  In response to our Nation's heightened security concerns, we created 
the

[[Page 5330]]

Department of Homeland Security, an agency affecting virtually every 
Federal entity involved in border operations. Congress must give this 
new Department adequate resources and tools to achieve the necessary 
balance between security and trade considerations. The Border 
Infrastructure and Technology Modernization Act proposes a number of 
measures meant to increase the speed at which trade crosses the border 
as well as beefing up security at vulnerable points on our land 
borders.
  In the recently passed omnibus appropriations bill, I secured 
legislative language asking the General Services Administration, in 
cooperation with the other border agencies involved, to complete an 
updated assessment of needs on our borders. The information contained 
in this assessment will provide a blueprint for comprehensive, targeted 
improvements to border infrastructure and technology. The bill I am 
introducing today provides $100 million per year for 5 years to 
implement these improvements.
  Congress has already passed legislation to improve security at 
airports and seaports, but we have not yet addressed the needs of our 
busiest ports, located on the United States' northern and southwestern 
land borders. Traditionally, tighter security requirements have come at 
the expense of efficient commerce across our borders. With the 
improvements we are proposing today, we mean to move toward a day when 
we can say that higher security does not penalize trade.
  America's two biggest trading partners are not across an ocean--they 
lie to the north and south of our country. In the past decade, U.S.-
Canada trade has doubled, and in the same time period, trade between 
the United States and Mexico tripled. At the same time, our 
infrastructure is weakest on our land borders, and we must act quickly 
and decisively to prevent terrorists from exploiting this weakness.
  To address this threat, the Border Infrastructure and Technology 
Modernization Act provides for a coordinated Land Border Security Plan, 
including cooperation between Federal State and local entities involved 
at our borders, as well as the private sector.
  When it comes to security, everybody has a role to play, not just the 
government. We must enlist the help of the private sector to address 
security concerns on our borders. Trade and industry have made this 
country the economic powerhouse it is today, and we must fully involve 
them in protecting our country through government trade and industry 
partnership programs.
  The U.S. Customs Service has already started this process. I commend 
them for their quick action after the September 11 terrorist attacks in 
enlisting the support of private industry by quickly developing the 
Customs-Trade Partnership Against Terrorism, C-TPAT. We need to expand 
these programs, especially along the northern and southwestern borders. 
This bill authorizes an additional $30 million and additional staff to 
accomplish this task.
  Finally, equipment and technology alone will not solve the trade and 
security problems on our borders. The border agencies of the Department 
of Homeland Security need sufficient personnel levels, and training to 
ensure the implementation and use of modern technology. I am pleased 
that the administration has taken the first step to meet this objective 
by announcing that they will add 1,700 new inspectors to the Bureau of 
Customs and Border Security of the Department of Homeland Security.
  The Border Infrastructure and Technology Modernization Act increases 
the number of inspectors and support staff in this bureau by an 
additional 200 each year for 5 years. This bill also adds 100 more 
special agents and support staff each year for 5 years to the Bureau of 
Immigration and Customs Enforcement, the investigative arm of the 
Department of Homeland Security.
  I am pleased to introduce this bill today to devote greater resources 
to maximizing the economic possibilities of the trade flowing across 
our borders, while addressing the security vulnerabilities on our land 
borders. I am convinced that these goals are not mutually exclusive, 
but instead must be realized in concert.
  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. 539

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Border Infrastructure and 
     Technology Modernization Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau of Customs and Border Protection 
     of the Department of Homeland Security.
       (2) Maquiladora.--The term ``maquiladora'' means an entity 
     located in Mexico that assembles and produces goods from 
     imported parts for export to the United States.
       (3) Northern border.--The term ``northern border'' means 
     the international border between the United States and 
     Canada.
       (4) Southern border.--The term ``southern border'' means 
     the international border between the United States and 
     Mexico.
       (5) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary for Border and Transportation Security of 
     the Department of Homeland Security.

     SEC. 3. HIRING AND TRAINING OF BORDER AND TRANSPORTATION 
                   SECURITY PERSONNEL.

       (a) Inspectors and Agents.--
       (1) Increase in inspectors and agents.--During each of 
     fiscal years 2004 through 2008, the Under Secretary shall--
       (A) increase the number of full-time agents and associated 
     support staff in the Bureau of Immigration and Customs 
     Enforcement of the Department of Homeland Security by the 
     equivalent of at least 100 more than the number of such 
     employees in the Bureau as of the end of the preceding fiscal 
     year; and
       (B) increase the number of full-time inspectors and 
     associated support staff in the Bureau of Customs and Border 
     Protection by the equivalent of at least 200 more than the 
     number of such employees in the Bureau as of the end of the 
     preceding fiscal year.
       (2) Waiver of fte limitation.--The Under Secretary is 
     authorized to waive any limitation on the number of full-time 
     equivalent personnel assigned to the Department of Homeland 
     Security to fulfill the requirements of paragraph (1).
       (b) Training.--The Under Secretary shall provide 
     appropriate training for agents, inspectors, and associated 
     support staff on an ongoing basis to utilize new technologies 
     and to ensure that the proficiency levels of such personnel 
     are acceptable to protect the borders of the United States.

     SEC. 4. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

       (a) Requirement To Update.--Not later than January 31 of 
     each year, the Administrator of General Services shall update 
     the Port of Entry Infrastructure Assessment Study prepared by 
     the United States Customs Service, the Immigration and 
     Naturalization Service, and the General Services 
     Administration in accordance with the matter relating to the 
     ports of entry infrastructure assessment that is set out in 
     the joint explanatory statement in the conference report 
     accompanying H.R. 2490 of the 106th Congress, 1st session 
     (House of Representatives Rep. No. 106-319, on page 67) and 
     submit such updated study to Congress.
       (b) Consultation.--In preparing the updated studies 
     required in subsection (a), the Administrator of General 
     Services shall consult with the Director of the Office of 
     Management and Budget, the Under Secretary, and the 
     Commissioner.
       (c) Content.--Each updated study required in subsection (a) 
     shall--
       (1) identify port of entry infrastructure and technology 
     improvement projects that would enhance border security and 
     facilitate the flow of legitimate commerce if implemented;
       (2) include the projects identified in the National Land 
     Border Security Plan required by section 5; and
       (3) prioritize the projects described in paragraphs (1) and 
     (2) based on the ability of a project to--
       (A) fulfill immediate security requirements; and
       (B) facilitate trade across the borders of the United 
     States.
       (d) Project Implementation.--The Commissioner shall 
     implement the infrastructure and technology improvement 
     projects described in subsection (c) in the order of priority 
     assigned to each project under paragraph (3) of such 
     subsection.
       (e) Divergence From Priorities.--The Commissioner may 
     diverge from the priority order if the Commissioner 
     determines that significantly changed circumstances, such as 
     immediate security needs or changes in infrastructure in 
     Mexico or Canada, compellingly alter the need for a project 
     in the United States.

[[Page 5331]]



     SEC. 5. NATIONAL LAND BORDER SECURITY PLAN.

       (a) Requirement for Plan.--Not later than January 31 of 
     each year, the Under Secretary shall prepare a National Land 
     Border Security Plan and submit such plan to Congress.
       (b) Consultation.--In preparing the plan required in 
     subsection (a), the Under Secretary shall consult with the 
     Under Secretary for Information Analysis and Infrastructure 
     Protection and the Federal, State, and local law enforcement 
     agencies and private entities that are involved in 
     international trade across the northern border or the 
     southern border.
       (c) Vulnerability Assessment.--
       (1) In general.--The plan required in subsection (a) shall 
     include a vulnerability assessment of each port of entry 
     located on the northern border or the southern border.
       (2) Port security coordinators.--The Under Secretary may 
     establish 1 or more port security coordinators at each port 
     of entry located on the northern border or the southern 
     border--
       (A) to assist in conducting a vulnerability assessment at 
     such port; and
       (B) to provide other assistance with the preparation of the 
     plan required in subsection (a).

     SEC. 6. EXPANSION OF COMMERCE SECURITY PROGRAMS.

       (a) Customs-Trade Partnership Against Terrorism.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commissioner, in consultation with 
     the Under Secretary, shall develop a plan to expand the size 
     and scope (including personnel needs) of the Customs-Trade 
     Partnership Against Terrorism programs along the northern 
     border and southern border, including--
       (A) the Business Anti-Smuggling Coalition;
       (B) the Carrier Initiative Program;
       (C) the Americas Counter Smuggling Initiative;
       (D) the Container Security Initiative;
       (E) the Free and Secure Trade Initiative; and
       (F) other Industry Partnership Programs administered by the 
     Commissioner.
       (2) Southern border demonstration program.--Not later than 
     180 days after the date of enactment of this Act, the 
     Commissioner shall establish a demonstration program along 
     the southern border for the purpose of implementing at least 
     one Customs-Trade Partnership Against Terrorism program along 
     that border. The Customs-Trade Partnership Against Terrorism 
     program selected for the demonstration program shall have 
     been successfully implemented along the northern border as of 
     the date of enactment of this Act.
       (b) Maquiladora Demonstration Program.--Not later than 180 
     days after the date of enactment of this Act, the 
     Commissioner shall establish a demonstration program to 
     develop a cooperative trade security system to improve supply 
     chain security.

     SEC. 7. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

       (a) Establishment.--The Under Secretary shall carry out a 
     technology demonstration program to test and evaluate new 
     port of entry technologies, refine port of entry technologies 
     and operational concepts, and train personnel under realistic 
     conditions.
       (b) Technology and Facilities.--
       (1) Technology tested.--Under the demonstration program, 
     the Under Secretary shall test technologies that enhance port 
     of entry operations, including those related to inspections, 
     communications, port tracking, identification of persons and 
     cargo, sensory devices, personal detection, decision support, 
     and the detection and identification of weapons of mass 
     destruction.
       (2) Facilities developed.--At a demonstration site selected 
     pursuant to subsection (c)(2), the Under Secretary shall 
     develop facilities to provide appropriate training to law 
     enforcement personnel who have responsibility for border 
     security, including cross-training among agencies, advanced 
     law enforcement training, and equipment orientation.
       (c) Demonstration Sites.--
       (1) Number.--The Under Secretary shall carry out the 
     demonstration program at not less than 3 sites and not more 
     than 5 sites.
       (2) Selection criteria.--To ensure that at least 1 of the 
     facilities selected as a port of entry demonstration site for 
     the demonstration program has the most up-to-date design, 
     contains sufficient space to conduct the demonstration 
     program, has a traffic volume low enough to easily 
     incorporate new technologies without interrupting normal 
     processing activity, and can efficiently carry out 
     demonstration and port of entry operations, at least 1 port 
     of entry selected as a demonstration site shall--
       (A) have been established not more than 15 years before the 
     date of enactment of this Act;
       (B) consist of not less than 65 acres, with the possibility 
     of expansion onto not less than 25 adjacent acres; and
       (C) have serviced an average of not more than 50,000 
     vehicles per month in the 12 full months preceding the date 
     of enactment of this Act.
       (d) Relationship With Other Agencies.--The Under Secretary 
     shall permit personnel from an appropriate Federal or State 
     agency to utilize a demonstration site described in 
     subsection (c) to test technologies that enhance port of 
     entry operations, including those related to inspections, 
     communications, port tracking, identification of persons and 
     cargo, sensory devices, personal detection, decision support, 
     and the detection and identification of weapons of mass 
     destruction.
       (e) Report.--
       (1) Requirement.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Under 
     Secretary shall submit to Congress a report on the activities 
     carried out at each demonstration site under the technology 
     demonstration program established under this section.
       (2) Content.--The report shall include an assessment by the 
     Under Secretary of the feasibility of incorporating any 
     demonstrated technology for use throughout the Bureau of 
     Customs and Border Protection.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--In addition to any funds otherwise 
     available, there are authorized to be appropriated--
       (1) to carry out the provisions of section 3, such sums as 
     may be necessary for the fiscal years 2004 through 2008;
       (2) to carry out the provisions of section 4--
       (A) to carry out subsection (a) of such section, such sums 
     as may be necessary for the fiscal years 2004 through 2008; 
     and
       (B) to carry out subsection (d) of such section--
       (i) $100,000,000 for each of the fiscal years 2004 through 
     2008; and
       (ii) such sums as may be necessary in any succeeding fiscal 
     year;
       (3) to carry out the provisions of section 6--
       (A) to carry out subsection (a) of such section--
       (i) $30,000,000 for fiscal year 2004, of which $5,000,000 
     shall be made available to fund the demonstration project 
     established in paragraph (2) of such subsection; and
       (ii) such sums as may be necessary for the fiscal years 
     2005 through 2008; and
       (B) to carry out subsection (b) of such section--
       (i) $5,000,000 for fiscal year 2004; and
       (ii) such sums as may be necessary for the fiscal years 
     2005 through 2008; and
       (4) to carry out the provisions of section 7, provided that 
     not more than $10,000,000 may be expended for technology 
     demonstration program activities at any 1 port of entry 
     demonstration site in any fiscal year--
       (A) $50,000,000 for fiscal year 2004; and
       (B) such sums as may be necessary for each of the fiscal 
     years 2005 through 2008.
       (b) International Agreements.--Funds authorized in this Act 
     may be used for the implementation of projects described in 
     the Declaration on Embracing Technology and Cooperation to 
     Promote the Secure and Efficient Flow of People and Commerce 
     across our Shared Border between the United States and 
     Mexico, agreed to March 22, 2002, Monterrey, Mexico (commonly 
     known as the Border Partnership Action Plan) or the Smart 
     Border Declaration between the United States and Canada, 
     agreed to December 12, 2001, Ottawa, Canada that are 
     consistent with the provisions of this Act.

  Mr. McCAIN. Mr. President, I am pleased to join Senators Domenici, 
Dorgan, Kyl, Feinstein, Murkowski, Burns, and Murray to introduce the 
Border Infrastructure and Technology Modernization Act. For most of us, 
this is not a new issue. I have worked closely with many of my 
colleagues to address concerns regarding the protection of our Nation's 
borders, particularly the problems associated with illegal immigration.
  The bill we are introducing today addresses border infrastructure, to 
ensure that our Nation's borders, both southern and northern, are as 
secure and up to date as possible. This bill will authorize. the Bureau 
of Immigration and Customs Enforcement to address staffing shortages 
and hire additional agents, inspectors, and support staff. It will also 
authorize several studies and demonstration programs to improve 
infrastructure, security, facilitate trade, and expand the use of 
technology along the borders.
  Cross-border commerce suffers greatly due to backups at our ports of 
entry. Two and three hour delays hinder the transport of goods from 
Mexico into the United States. Improving infrastructure at our ports of 
entry will increase our capability to screen trucks and individuals 
coming into the country in a more efficient manner, reducing the 
backups along the border and improving the free flow of commerce.
  As undocumented aliens take increasingly desperate measures to cross 
our border with Mexico, the burden borne by States along the 
southwestern border continues to grow. The

[[Page 5332]]

Federal Government's attempt to stem illegal immigration in Texas and 
California has made it increasingly difficult to cross the border in 
these States and has created a funnel effect, giving Arizona the 
dubious distinction of being the location of choice for illegal border 
crossings.
  Reports suggest that at least one in three of the illegal border 
crossers arrested traversing the U.S.-Mexico border are stopped in 
Arizona. Last year approximately 320 people died in the desert trying 
to cross the border. Additionally, the number of attacks on National 
Park Service officers has increased in recent years. Property crimes 
are rampant along the border, leaving Arizona with the highest per 
capita auto theft rate in the Nation. Times have become so desperate 
that vigilante groups have begun to form with the goal of doing the job 
the Federal Government is failing to do.
  We must do all we can to improve the ports of entry along our borders 
with both our northern and our southern neighbors. Technology is the 
key to that goal, and this bill takes a big step toward ensuring that 
technological needs are assessed and that technology is improved.
  There are between 7-9 million people in this country illegally. Many 
of these people entered our country legally but have overstayed their 
visas. By upgrading the technology for our ports of entry and further 
developing the entry-exit system we will have a way to better monitor 
these individuals. During this year's appropriations bill, I sponsored 
an amendment along with Senators Kyl and Feinstein to restore $165 
million to entry-exit system and help the INS establish four pilot 
projects on the borders to effectively track and monitor immigration. 
This bill and the amendment we passed recently are both important ways 
to increase the resources available to the border.
  Beyond the improvement of infrastructure, technology and security 
along the border, we must also address illegal immigration through a 
guest worker program. As long as there are jobs to be had on this side 
of the border, people will continue to attempt to cross illegally, and 
our national security will remain at risk.
  I urge my colleagues to move expeditiously on this important piece of 
legislation, in order to ensure that in a time of new global threats, 
our Nation's borders are as safe as possible and American citizens are 
protected.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Mr. Chafee, Mr. Biden, Mrs. Boxer, 
        Ms. Cantwell, Mrs. Clinton, Mr. Corzine, Mr. Dayton, Mr. Dodd, 
        Mr. Durbin, Mr. Edwards, Mr. Feingold, Mr. Graham of Florida, 
        Mr. Harkin, Mr. Kennedy, Mr. Kerry, Mr. Kohl, Mr. Lautenberg, 
        Mr. Leahy, Mrs. Murray, Mr. Reed, Mr. Sarbanes, Mr. Schumer, 
        Ms. Stabenow, and Mr. Wyden):
  S. 543. A bill to designate a portion of the Arctic National Wildlife 
Refuge as wilderness; to the Committee on Environmental and Public 
Works.
  Mr. LIEBERMAN. Mr. President, I rise today to introduce legislation 
to designate the coastal plain of the Arctic Refuge as wilderness.
  America's dependence on foreign oil is an urgent and stubborn 
problem. But the answer isn't in the ground. It's in our heads. We have 
to apply the genius of America to engineer a solution to energy 
independence, not hope that we will magically find one in the deposits 
under Alaska.
  The facts on this are clear. Alaska has at a most 6 month supply of 
oil--not a drop of which will be available for a decade. The United 
States Energy Information Administration--part of the Bush 
administration--itself concluded that full development of the Refuge 
would reduce our projected dependence on foreign oil from 62 to 60 
percent at the very most, and not until 2020.
  For that, is it worth forever losing a national treasure, one of our 
last great wild places? I say no. Instead, I say yes to a smart, 
forward-looking strategy to wean our economy off its addiction to 
foreign oil without sacrificing our natural treasures.
  Despite my colleagues arguments to the contrary, I believe it is 
finally established that there is no way--no way--to drill in the 
Arctic without disrupting and essentially destroying that precious 
place. For too long, drilling advocates have attempted to raise 
questions about the impacts of drilling. It is time for the facts to 
carry the day.
  In fact, just today, the National Academies of Science released a 
report detailing the cumulative impacts of oil development on Alaska's 
North Slope. The NAS not only found that Arctic oil development has 
adversely impacted populations of caribou, birds and bowhead whales--
more importantly, they said that future drilling would pose grave 
threats to the Arctic's environmental health. As the report stated in a 
section entitled ``The Essential Trade-Off,'' the question for Congress 
is whether the available oil is worth the ``inevitable accumulated 
undesirable effects.'' With so little impact on our oil dependence 
predicted, the answer is clearly no.
  In every poll, we see that the majority of Americans oppose ruining 
the Arctic for oil. And, as we established last year, the majority of 
the U.S. Senate agrees with them. Once and for all, let's respect that 
desire, and let's protect this precious place. Let's pass this bill.
  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. 543

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

     SECTION 1. DESIGNATION OF PORTION OF ARCTIC NATIONAL WILDLIFE 
                   REFUGE AS WILDERNESS.

       Section 4 of the National Wildlife Refuge System 
     Administration Act of 1966 (16 U.S.C. 668dd) is amended by 
     adding at the end the following:
       ``(p) Designation of Certain Land as Wilderness.--
     Notwithstanding any other provision of this Act, a portion of 
     the Arctic National Wildlife Refuge in Alaska comprising 
     approximately 1,559,538 acres, as generally depicted on a map 
     entitled `Arctic National Wildlife Refuge--1002 Area. 
     Alternative E--Wilderness Designation, October 28, 1991' and 
     available for inspection in the offices of the Secretary, is 
     designated as a component of the National Wilderness 
     Preservation System under the Wilderness Act (16 U.S.C. 1131 
     et seq.).''.
                                 ______
                                 
      By Mr. DODD (for himself, Mr. Warner, Mr. Hollings, Mr. Reed, Mr. 
        Daschle, Mr. Lieberman, Mrs. Clinton, Mr. Sarbanes, and Ms. 
        Landrieu):
  S. 544. A bill to establish a SAFER Firefighter Grant Program; to the 
Committee on Commerce, Science, and Transportation.
  Mr. DODD. Mr. President, I rise today with my colleagues Senator 
Warner, Senator Hollings, Senator Reed, Senator Daschle, Senator 
Lieberman, Senator Clinton, Senator Sarbanes, and Senator Landrieu to 
introduce the Staffing for Adequate Fire and Emergency Response, SAFER, 
Act. This legislation will help to remedy a critical shortage in the 
fire service and help ensure that America's firefighters have the 
staffing they need to safely do their jobs.
  Every day approximately one million firefighters put their lives on 
the line to protect the people of our great Nation. I firmly believe 
that in recognition of that fact, our Nation has an obligation to 
ensure that the brave men and women of the fire service have the tools, 
the training, and the staffing they need to do their jobs safely.
  In recent years, the Federal Government has recognized that it can 
and should be a better partner with local firefighters. In 2000, 
Senator DeWine, Senator Levin, Senator Warner, and I worked 
successfully to help create the FIRE Act. This law stood as the first 
Federal grant program explicitly designed to help fire departments 
throughout America obtain better equipment, improved training, and 
needed personnel. Since September 11, 2001, Congress and the 
administration have provided billions of dollars to help local 
firefighters purchase equipment and training to respond to acts of 
terrorism, accidental fires, chemical spills, and natural disasters. 
Over the last 2 years, the Federal FIRE Act

[[Page 5333]]

grant initiative has provided nearly half a billion dollars in direct 
assistance to local fire departments across the country and the FIRE 
Act will provide another $750 million this year. We are beginning to 
significantly improve the quality of the equipment available to 
firefighters in every State and in communities large and small. 
Unfortunately, the FIRE Act has not improved staffing conditions for 
America's fire service. Severe staffing shortages still plague 
departments across the country.
  Currently two-thirds of all fire departments operate with inadequate 
staffing. And the consequences are often tragic. According to testimony 
by Harold Schaitberger, General President of the International 
Association of Firefighters, presented before the Senate Science, 
Technology and Space Subcommittee on October 11, 2001, understaffing 
has caused or contributed to firefighter deaths in Memphis, Tennessee; 
Worcester, Massachusetts; Keokuk, Iowa; Pittsburgh, Pennsylvania; 
Chesapeake, Virginia; Stockton, California; Lexington, Kentucky; 
Buffalo, New York; Philadelphia, Pennsylvania; and Washington, D.C. In 
each case, firefighters went into dangerous situations without the 
support they needed and they paid the ultimate price.
  The unfortunate reality is that our local communities have not been 
able to maintain the level of staffing necessary to ensure the safety 
of our firefighters or the public. Since 1970, the number of 
firefighters as a percentage of the U.S. workforce has steadily 
declined and the budget crises that our state and local governments are 
enduring has made matters worse. Across the country today, firefighter 
staffing is being cut and fire stations are even being closed because 
of state and local budget shortfalls. All of this at a time when the 
threats of terrorism are placing unprecedented demands on our fire 
service.
  According to a ``Needs Assessment Study'' recently released by the 
U.S. Fire Administration, USFA, and the National Fire Protection 
Association, NFPA, understaffing contributes to enormous problems. For 
example, USFA and NFPA have found that only 11% of our Nation's fire 
departments have the personnel and equipment they need to respond to a 
building collapse involving 50 or more occupants. The USFA and NFPA 
also found that there are routine problems that threaten the health and 
safety of our first responders. In small and medium-sized cities, 
firefighters are too often compelled to respond to emergencies without 
sufficient manpower to protect those on the ground. More often than 
not, firefighters in too many of our communities respond to fires with 
fewer than the four firefighters per truck that is considered to be the 
minimum to ensure firefighter safety.
  The USFA/NFPA study also suggests that shortages of personnel prevent 
many firefighters from taking time off to receive training and too few 
departments can afford to hire dedicated training staff. As a result, 
nearly three-quarters of all fire departments cannot comply with EPA 
and OSHA regulations that require formal hazardous materials response 
training for front-line firefighters.
  The SAFER Act is a national commitment to hire the firefighters 
necessary to protect the American people from the consequences of 
terrorist attacks and from more ordinary, but often equally 
devastating, events. This legislation will put 75,000 new firefighters 
on America's streets over the next 7 years and will help provide 
Americans with the level of protection they need and deserve.
  As I have said before, just as we have called up the National Guard 
to meet the increased need for more manpower in the military, we need 
to make a national commitment to hire firefighters to protect the 
American people here at home. In these difficult times, it is both 
necessary and proper for us to send for reinforcements for our domestic 
defenders. The SAFER Act will make that commitment.
  In closing let me say that this legislation honors America's 
firefighters. It acknowledges the men and women who charge up the 
stairs while everybody else is running down them. But it does more than 
that. This legislation is an investment in America's security, an 
investment to ensure the safety of our firefighter as well as American 
families and their homes and businesses.
  Both the International Association of Firefighters and the 
International Association of Fire Chiefs have expressed their strong 
support for this legislation. I urge my colleagues to join those of us 
who have introduced this measure today.
  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. 544

       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 ``Staffing for Adequate Fire 
     and Emergency Response Firefighters Act of 2003''.

     SEC. 2. OFFICE OF GRANT MANAGEMENT.

       The Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2201 et seq.) is amended by redesignating the second 
     section 33 and section 34 as sections 35 and 36, 
     respectively, and by inserting after the first section 33 the 
     following new section:

     ``SEC. 34. OFFICE OF GRANT MANAGEMENT.

       ``(a) Establishment.--A new office within the United States 
     Fire Administration shall be established to administer the 
     SAFER Firefighter grant program under this section.
       ``(b) Authority To Make Grants.--(1) The Administrator may 
     make grants directly to career, voluntary, and combination 
     fire departments of a State, in consultation with the chief 
     executive of the State, for the purpose of substantially 
     increasing the number of firefighters so that communities can 
     meet industry minimum standards to provide adequate 
     protection from acts of terrorism and hazards.
       ``(2)(A) Grants made under paragraph (1) shall be for 4 
     years and be used for programs to hire new, additional career 
     firefighters.
       ``(B) Grantees are required to commit to retaining for at 
     least 1 year beyond the termination of their grants those 
     career firefighters hired under paragraph (1).
       ``(3) In awarding grants under this section, the 
     Administrator may give preferential consideration, where 
     feasible, to applications for hiring and rehiring additional 
     career firefighters that involve a non-Federal contribution 
     exceeding the minimums under paragraph (5).
       ``(4) The Administrator may provide technical assistance to 
     States, units of local government, Indian tribal governments, 
     and to other public entities, in furtherance of the purposes 
     of this section.
       ``(5) The portion of the costs of a program, project, or 
     activity provided by a grant under paragraph (1) may not 
     exceed--
       ``(A) 90 percent in the first year of the grant;
       ``(B) 80 percent in the second year of the grant;
       ``(C) 50 percent in the third year of the grant; and
       ``(D) 30 percent in the fourth year of the grant,
     unless the Administrator waives, wholly or in part, the 
     requirement under this paragraph of a non-Federal 
     contribution to the costs of a program, project, or activity.
       ``(6) The authority under paragraph (1) of this section to 
     make grants for the hiring of additional career firefighters 
     shall lapse at the conclusion of 10 years from the date of 
     enactment of this section. Prior to the expiration of this 
     grant authority, the Administrator shall submit a report to 
     Congress concerning the experience with and effects of such 
     grants. The report may include any recommendations the 
     Administrator may have for amendments to this section and 
     related provisions of law.
       ``(c) Applications.--(1) No grant may be made under this 
     section unless an application has been submitted to, and 
     approved by, the Administrator.
       ``(2) An application for a grant under this section shall 
     be submitted in such form, and contain such information, as 
     the Administrator may prescribe by regulation or guidelines.
       ``(3) In accordance with the regulations or guidelines 
     established by the Administrator, each application for a 
     grant under this section shall--
       ``(A) include a long-term strategy and detailed 
     implementation plan that reflects consultation with community 
     groups and appropriate private and public agencies and 
     reflects consideration of the statewide strategy;
       ``(B) explain the applicant's inability to address the need 
     without Federal assistance;
       ``(C) outline the initial and ongoing level of community 
     support for implementing the proposal including financial and 
     in-kind contributions or other tangible commitments;
       ``(D) specify plans for obtaining necessary support and 
     continuing the proposed program, project, or activity 
     following the conclusion of Federal support; and

[[Page 5334]]

       ``(E) provide assurances that the applicant will, to the 
     extent practicable, seek, recruit, and hire members of racial 
     and ethnic minority groups and women in order to increase 
     their ranks within firefighting.
       ``(4) Notwithstanding any other provision of this section, 
     in relation to applications under this section of units of 
     local government or fire districts having jurisdiction over 
     areas with populations of less than 50,000, the Administrator 
     may waive 1 or more of the requirements of paragraph (3) and 
     may otherwise make special provisions to facilitate the 
     expedited submission, processing, and approval of such 
     applications.
       ``(d) Limitation on Use of Funds.--(1) Funds made available 
     under this section to States or units of local government for 
     salaries and benefits to hire new, additional career 
     firefighters shall not be used to supplant State or local 
     funds, or, in the case of Indian tribal governments, funds 
     supplied by the Bureau of Indian Affairs, but shall be used 
     to increase the amount of funds that would, in the absence of 
     Federal funds received under this section, be made available 
     from State or local sources, or in the case of Indian tribal 
     governments, from funds supplied by the Bureau of Indian 
     Affairs.
       ``(2) Funds appropriated by the Congress for the activities 
     of any agency of an Indian tribal government or the Bureau of 
     Indian Affairs performing firefighting functions on any 
     Indian lands may be used to provide the non-Federal share of 
     the cost of programs or projects funded under this section.
       ``(3)(A) Total funding provided under this section over 4 
     years for hiring a career firefighter may not exceed 
     $100,000, unless the Administrator grants a waiver from this 
     limitation.
       ``(B) The $100,000 cap shall be adjusted annually for 
     inflation beginning in fiscal year 2005.
       ``(e) Performance Evaluation.--(1) Each program, project, 
     or activity funded under this section shall contain a 
     monitoring component, developed pursuant to guidelines 
     established by the Administrator. The monitoring required by 
     this subsection shall include systematic identification and 
     collection of data about activities, accomplishments, and 
     programs throughout the life of the program, project, or 
     activity and presentation of such data in a usable form.
       ``(2) Selected grant recipients shall be evaluated on the 
     local level or as part of a national evaluation, pursuant to 
     guidelines established by the Administrator. Such evaluations 
     may include assessments of individual program 
     implementations. In selected jurisdictions that are able to 
     support outcome evaluations, the effectiveness of funded 
     programs, projects, and activities may be required.
       ``(3) The Administrator may require a grant recipient to 
     submit to the Administrator the results of the monitoring and 
     evaluations required under paragraphs (1) and (2) and such 
     other data and information as the Administrator considers 
     reasonably necessary.
       ``(f) Revocation or Suspension of Funding.--If the 
     Administrator determines, as a result of the activities under 
     subsection (e), or otherwise, that a grant recipient under 
     this section is not in substantial compliance with the terms 
     and requirements of an approved grant application submitted 
     under subsection (c), the Administrator may revoke or suspend 
     funding of that grant, in whole or in part.
       ``(g) Access to Documents.--(1) The Administrator shall 
     have access for the purpose of audit and examination to any 
     pertinent books, documents, papers, or records of a grant 
     recipient under this section and to the pertinent books, 
     documents, papers, or records of State and local governments, 
     persons, businesses, and other entities that are involved in 
     programs, projects, or activities for which assistance is 
     provided under this section.
       ``(2) Paragraph (1) shall apply with respect to audits and 
     examinations conducted by the Comptroller General of the 
     United States or by an authorized representative of the 
     Comptroller General.
       ``(h) Definitions.--In this section, the term--
       ``(1) `firefighter' has the meaning given the term 
     `employee in fire protection activities' under section 3(a) 
     of the Fair Labor Standards Act (29 U.S.C. 203(y)); and
       ``(2) `Indian tribe' means a tribe, band, pueblo, nation, 
     or other organized group or community of Indians, including 
     an Alaska Native village (as defined in or established under 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.)), that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(i) Authorization of Appropriations.--
       ``There are authorized to be appropriated for the purposes 
     of carrying out this section--
       ``(1) $1,000,000,000 for fiscal year 2004;
       ``(2) $1,030,000,000 for fiscal year 2005;
       ``(3) $1,061,000,000 for fiscal year 2006;
       ``(4) $1,093,000,000 for fiscal year 2007;
       ``(5) $1,126,000,000 for fiscal year 2008;
       ``(6) $1,159,000,000 for fiscal year 2009; and
       ``(7) $1,194,000,000 for fiscal year 2010.''.

  Mr. WARNER. Mr. President, I am pleased to be joining my colleague 
Senator Dodd in the introduction of the Staffing for Adequate Fire and 
Emergency Response Act. The SAFER Act establishes a new grant program 
that will provide direct funding to fire and rescue departments though 
the new Department of Homeland Security. This funding will help to 
cover some of the costs associated with hiring and training new 
firefighters.
  Our Nation's fire departments must be able to hire the necessary 
personnel in order to meet the ever increasing demands on local first 
responders. Many Americans are not aware of the staffing shortages we 
may face in our fire and rescue departments. The role of firefighter in 
our communities is far greater than most realize. They are first to 
respond to hazardous materials calls, chemicals emergencies, biohazard 
incidents, and water rescues. These are dangers which our fire rescue 
personnel deal with on a daily basis.
  The National Fire Protection Association, a nonprofit organization 
which develops and promotes scientifically based consensus codes and 
guidelines, issued minimum staffing standards of at least four 
firefighters per apparatus. Furthermore, local departments are expected 
to comply with Federal Occupational Safety and Health Administration, 
OSHA, standards, which require a minimum of two qualified firefighters 
inside and two qualified firefighters outside of a structure fire or 
similar incident. Except in cases of a known need for rescue, a fire 
company with less than four personnel cannot enter that structure to 
fight a fire or respond to an incident until additional firefighters 
arrive on the scene, ready to go.
  I am honored to be an original cosponsor of this important 
legislation. I encourage my colleagues to support this measure not only 
because of the firefighters role in our homeland security endeavors, 
but also in recognition of the critical day-to-day services they 
provide in our Nation's communities.

                          ____________________