[Congressional Record (Bound Edition), Volume 150 (2004), Part 5]
[Senate]
[Pages 6772-6797]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENT ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HATCH (for himself, Mr. Frist, Mr. Miller, Mr. DeWine, Mr. 
        Voinovich, Mr. Allen, Mr. Chambliss, Mr. Hagel, and Mr. 
        Domenici):
  S. 2290. A bill to create a fair and efficient system to resolve 
claims of victims for bodily injury caused by asbestos exposure, and 
for other purposes; read the first time.
  Mr. FRIST. Mr. President, I rise today to introduce with my 
colleague, the chairman of the Judiciary Committee, Mr. Hatch, a bill 
relating to an issue I talked a lot on the floor about this morning and 
yesterday, and that is the issue of asbestos litigation reform.
  This is an issue I have taken great pain to outline over the last 
several weeks because it is an issue that has been addressed in 
committee. It is an issue we looked at, debated, talked about, and 
discussed in a bipartisan way since that point in time. It is now time 
to take some action to continue the progress that has been made today.
  It is on asbestos--an asbestos injury resolution act. Today, we 
introduce a substitute bill to S. 1125, which is the Fairness in 
Asbestos Injury Resolution Act, which was reported out of the Judiciary 
Committee.
  I thank my colleague, Chairman Hatch, for getting S. 1125 through the 
Judiciary Committee last July where, among many other successes, he led 
a major bipartisan solution in committee on the linchpin criteria issue 
of the medical criteria. S. 1125, as reported out of committee, 
provided a solid, reasonable solution to the asbestos litigation 
crisis. It had numerous consensus-building changes all made at the 
request of people both on the committee, Democrats, and also 
representatives of organized labor.
  Since that time, there have been continued negotiations, and there 
have been more agreements in improving the bill as reported.
  Special thanks go to a whole number of people, including Senator 
Specter and Judge Edward Becker who have both greatly improved and 
addressed the many issues on the administrative side of this bill.
  I thank many Members. I thank the ranking minority member, Senator 
Leahy, and the efforts of my Democratic colleagues and many 
stakeholders who have contributed greatly to the underlying bill with 
discussions and negotiations since that point in time. All have been 
very involved in improving the legislation.
  I believe it is time--indeed, we are taking this action today--to 
further the effort of putting forward a constructive bill which 
addresses many of the concerns that people are talking about but now we 
will have it as a bill.
  To postpone this any longer, even though people keep coming forward 
and saying, I have another idea, I don't think will bring this to 
conclusion, and thus we introduce the bill today.
  To push toward a solution, we are providing a substitute bill even 
though we will not bring this bill to the floor until after the April 
recess.
  We, of course, welcome further discussions--myself, the chairman, and 
others--with regard to how we might further improve the bill.
  What has emerged from the collective efforts to date is a proposal 
that retains the key elements of the original S. 1125 and includes some 
of the crucial modifications that address concerns raised since its 
passage in committee by stakeholders.
  The goal is a bipartisan agreement. With the goal of a bipartisan 
agreement in mind, a couple of the additional improvements I should 
mention--improvements of the bill that is being introduced versus the 
original S. 1125.
  First, we provide more compensation to the victims.
  Second, we revise the funding provisions to help protect the solvency 
of the fund while ensuring that any risk of shortfall rests on 
defendants and insurers and not the claimants.
  Third, we incorporated a new administrative system agreed to by 
various stakeholders that is easier for claimants to use and can begin 
processing and paying claims more quickly.
  I mention these three only to highlight a few of the significant 
changes that we believe improve S. 1125 as reported--changes that were 
made in good faith to address the concerns raised by Democrats and that 
are aimed at ensuring the program established under S. 1125 was the 
most fair to the victims, the intended beneficiaries.
  S. 1125 represents an important piece of legislation. We must not 
forget the provisions of banning asbestos proposed by Senator Murray, 
revised and adopted by the Judiciary Committee.
  The ban on asbestos is necessary to ensure that the dangers 
associated with asbestos exposure can be eliminated.
  We also have a duty to our veterans, many of whom were exposed to 
substantial amounts of asbestos while serving our Nation during World 
War II and on ships, who have limited means of obtaining compensation 
for asbestos-related illnesses.
  The revised S. 1125--which will now be S. 2290--represents an easier 
and a faster avenue for the men and women of the armed services to 
receive fair

[[Page 6773]]

and just compensation while still keeping intact their veterans 
benefits.
  Residents and workers of Libby, MT, also need this legislation to 
obtain full and adequate compensation. We must move forward on S. 2290.
  There no doubt will be constructive proposals from Senators on both 
sides of the aisle to further refine and improve this bill. By 
introducing this bill today, we encourage that process. It is my hope 
the process will be useful and not result in any further delays or in 
postponing us addressing this true crisis today.
  I believe a fair and a reasonable solution in a bill that can pass 
this body is possible. I believe this is another major step forward to 
accomplish that goal.
  In closing, I thank the chairman of the Judiciary Committee who has 
been instrumental from day 1 on this bill and who has worked closely 
with both sides of the aisle in developing this product we introduce 
today.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. Mr. President, I am grateful for the distinguished 
majority leader's remarks and for the tremendous work he has done in 
helping to bring this bill to the floor at this time, without which I 
don't think we would be this far. I have to say this is one of the most 
important bills in our country at this time. I am very grateful to him, 
and grateful to all of those who worked on this bill.
  I rise today, along with the distinguished majority leader, to 
introduce S. 2290, the Fairness in Asbestos Injury Resolution Act--the 
FAIR Act--of 2004. This is a substitute bill that Senators Frist, 
DeWine, Voinovich, Miller, Allen, Chambliss, Hagel, Domenici, and I 
have spent a great deal of time developing. I particularly want to 
commend Senator Specter and Judge Becker of the Third Circuit Court of 
Appeals for their efforts in bringing interested parties together to 
discuss the further development of this legislation. We are pleased to 
include many agreements from that mediation process in this bill.
  Let me start by noting that the United States Supreme Court has sadly 
but appropriately characterized the asbestos litigation system in our 
country as ``an elephantine mass.'' The Wall Street Journal aptly 
called it ``a job-eating asbestos blob.''
  Without question, we face a crisis of epidemic proportions.
  First, our asbestos system is inequitable. In our lottery-like 
system, juries award enormous damages to a special few, many of whom 
are not impaired at all and have never suffered a day of sickness. In 
other words, our system makes millionaires out of people who are not 
sick and who may never become sick. Meanwhile, people who are truly 
sick from asbestos receive little or nothing.
  Let me illustrate this point. In a recent Mississippi case, six 
plaintiffs who were not sick--not one day of sickness--were awarded a 
total of $150 million. The plaintiffs did not claim to have ever missed 
a day of work because of asbestos injury. They did not claim any 
medical expenses related to asbestos, and they did not have asbestos-
related physical impairment. Meanwhile, truly sick asbestos victims 
under the Johns-Manville bankruptcy trust receive a mere 5 cents on the 
dollar. A jackpot justice system like the one we have is unfair, and it 
is unjust. That is happening all over because about 10 percent of the 
plaintiffs bar, the personal injury lawyers, I think to the irritation 
of the 90 percent, are forum shopping these bills in jurisdictions 
where they can get big verdicts for bad cases. Frankly, what is 
happening today on asbestos compensation should not take place in this 
great country of America.
  In addition to the gross inequities with respect to who gets 
compensated, the system is so overwhelmed by claims that truly sick 
people can wait years and die before even getting their day in court.
  The fact is, our courts are simply unable to handle the volume of 
asbestos litigation. Unless Congress acts to end the delays and the 
distortions caused by these voracious personal injury lawyers--as I 
say, only about 10 percent, maybe less than that, of the personal 
injury bar--our system will remain broken.
  Another unacceptable feature of our current system is that most of 
the money that should be going to compensate the truly injured, guess 
where it goes? It goes into the pockets of the lawyers. One actuarial 
firm estimates personal injury lawyers bringing these cases will siphon 
more than $60 billion out of asbestos litigation before it is over, and 
that is a conservative estimate.
  As unfair as the system is today, the future is even more grim. 
Excessive damage awards, along with the transaction costs associated 
with the lawsuits, deplete the financial resources of the defendant 
companies and send more and more of them into bankruptcy. Many of these 
businesses are union businesses. These union workers lose their jobs 
because we have not resolved this problem. As legal and financial 
resources are exhausted by those who are not sick, those who truly are 
afflicted with asbestos-caused diseases are less and less likely to be 
compensated.
  According to the Rand Institute for Civil Justice, a very prestigious 
institute, ``about two thirds of the claims are now filed by the 
unimpaired, while in the past they were filed only by the manifestly 
ill.''
  Our asbestos system does not only burden unfairness on the truly 
sick; it is also devastating to our economy. According to Rand, the 
number of claims continues to rise, with over 600,000 claims already 
filed. Typically, claimants filed against dozens of defendants; more 
than 8,500 companies have been named as defendants in asbestos 
litigation. With only a handful of the original asbestos manufacturing 
companies, the ones that are really liable, remaining today, new 
industries are being targeted for lawsuits.
  For instance, it has been reported that the big three automakers 
``are defending approximately 15,000 cases based on claims alleging 
injury due to exposure to asbestos in brakes and clutches.''
  Even nonmanufacturers, businesses that just supply asbestos, are now 
facing claims. These include plumbing, heating, and automotive supply 
stores. As funds from asbestos companies continue to dry up, we can 
expect the enterprising personal injury bar to continue to target 
companies that have tangential relations to the claims and little or no 
real culpability.
  One company is one of the large insurance companies that has never 
insured for asbestos, never had anything to do with asbestos. Basically 
it has never had a claim for asbestos up until recently, but they have 
been dragged into 60,000 cases because they were one of the early 
medical teams that came to the conclusion that mesothelioma comes from 
asbestos exposure. They did medical evaluations that concluded and 
helped to make the cases for those who truly are suffering, people who 
now are getting five cents on a dollar. They have been dragged into 
60,000 cases that they should not have been dragged into. They will win 
every one of those cases, no question about it. That last case they 
tried--and they did win it, by the way--cost $2 million just in defense 
fees alone. Times that by 60,000 and you get an idea of the nightmare 
that insurance company is going through all because of voracious--I 
think in some cases, dishonest, small percentage of the personal injury 
bar--personal injury lawyers who are bringing these cases.
  Now, as funds from the asbestos companies continue to dry up, we can 
expect the enterprising personal injury bar to continue to target 
companies that have tangential relations to the claims but little or no 
real culpability or liability. Rest assured, without congressional 
action, the problem will not go away. Last year, a record 100,000 
asbestos claims were filed. At least 70 companies have already gone 
into bankruptcy due to asbestos liability. By the way, many of those 
companies were union companies. Many union members lost their jobs.
  Does anyone wonder why manufacturing may be going down in America? 
Blame those who are always on the side of the personal injury lawyers,

[[Page 6774]]

just to mention one corruption of the law.
  Of course, each bankruptcy does bring with it lost jobs, lost 
pensions, and weaker financial markets. The nonpartisan American 
Academy of Actuaries reports ``bankruptcies in corporate asbestos 
defendants have affected 47 states resulting in the loss of 52,000 to 
60,000 jobs. With each displaced worker losing 25,000 to 50,000 in wage 
and 25 percent of their 401(k).'' In other words, their pensions.
  Rand estimates this litigation will eventually result in a staggering 
430,000 lost jobs. Where are our colleagues on the other side when it 
comes to jobs? Here is a way of saving 430,000 manufacturing jobs and 
most of them will vote against this bill. Why? I will get into that in 
a few minutes.
  The Supreme Court repeatedly called upon Congress to take action, but 
years have slipped by and we have not resolved the problem. Unless we 
act now, three things are certain. One, there won't be enough money to 
compensate people who are truly sick from asbestos exposure; two, 
hundreds of thousands of working Americans are going to lose their jobs 
and their pensions as these businesses go bankrupt; and three, personal 
injury lawyers will continue to get richer and richer.
  I am not against them getting rich when they bring honest cases. I am 
not against them doing well when they earn the money. But this is like 
rolling off the log the way the current tort system is so broken and 
out of whack.
  We need a comprehensive solution that is fair and we need it now. 
That is why we are introducing the Fairness Asbestos Injury Resolution 
Act of 2004, called the FAIR Act, the Hatch-Frist-Miller Act. I am 
pleased we have been able to make changes in this bill from the bill we 
reported out of the Judiciary Committee. This bill will address the 
concerns that have been raised. This legislation offers a fair and 
efficient solution. The bill provides a clear net monetary gain for 
legitimate victims with faster and more certain compensation. In 
addition, the legislation is important to our economy by providing 
certainty to American businesses, retirement savings, and it will 
preserve jobs, as well.
  The Americans injured by asbestos have waited long enough for a fair 
system of fair compensation. Many of them would not have to wait any 
longer once this bill passes.
  Nor can American workers afford to wait around while they lose their 
jobs and their pensions and while they die from mesothelioma and other 
asbestos-related diseases. The only people who can afford to wait are 
those who profit from the sick and from the hard-working Americans.
  S. 1125, the Fairness and Asbestos Injury Act, the FAIR Act, as 
reported out of the Senate Judiciary Committee, represented an 
unprecedented advance on a workable solution to the complex and 
difficult issues that have stalled previous attempts at similar 
legislation. Landmark agreements were reached on asbestos injury 
compensation cases such as medical criteria, and over 50 consensus-
building changes were adopted overall. Nonetheless, a number of issues 
were left open for further discussion and additional concerns were 
raised that were not satisfactorily addressed by the committee. We did 
our best but we needed to make some of these changes, so we have.
  Since the bill was recorded out of committee, various State courts 
and members of both parties have continued working.
  The Hatch-Frist-Miller substitute bill being introduced reflects 
agreements on some of these difficult issues reached during these 
negotiations and attempts to address a number of concerns that have 
been raised but have not yet been subject to widespread agreement. In 
particular, the Hatch-Frist-Miller bill raises claims values. It 
streamlines the administrative system to be up and running quickly. It 
increases liquidity and upfront funding for faster compensation of 
claims, and if a fund runs out of money, that risk will be on the 
defendants and the insurers, not on the claimants.
  These are some of the highlights of the numerous changes made to make 
a fairer system for claimants. I fully expect that passing this 
legislation is going to be an uphill battle due to the strong grip of 
the powerful personal injury bar. Personal injury lawyers, by the way, 
have already been well compensated with respect to asbestos litigation 
having already taken an estimated $20 billion for themselves so far in 
legal fees.
  I have faith in the fairness and common sense of Americans. I believe 
they can see through the self-interest of personal injury lawyers who 
want to maintain a system that unduly benefits them. Americans will 
understand that without reform true victims of asbestos exposure, as 
well as businesses, employees and pensioners will pay the price.
  I look forward to debating and further refining this important bill 
when we return from the April recess. This bill, as most bills, is not 
perfect. No piece of legislation is without some imperfection in the 
eyes of someone or some special interest. But if there is ever a case 
for not letting the perfect become the enemy of the good--and the very 
good, at that--it is this asbestos bill.
  I am aware some will argue strongly this bill is too big, it is too 
costly. I am also aware some will argue this bill is too small and does 
not go far enough. But the truth is, if either of these perspectives 
fail, we will be left with the undesirable status quo. Unless we adopt 
something very close to what we are proposing, the victims of asbestos 
and those being asked to provide a fair level of compensation will 
continue to suffer--probably without anybody benefiting except the 
personal injury bar, and then a very small percentage of them.
  When we take up this bill in the next few weeks, let us strive to 
achieve a proper balance between the interests of those afflicted and 
those individuals and firms who are called upon to provide the 
compensation for this important program.
  Some say--I think somewhat cynically--many of our colleagues on the 
other side are not going to vote for this bill because no amount of 
money is going to make them satisfied because two of their major 
constituencies are against the bill, and have been, so far, against any 
bill. Some have said they are afraid the personal injury bar will not 
put up at least $50 million for John Kerry in this election if they 
vote for this bill. Others are saying without that money, they might 
not be able to elect John Kerry President. I think that is a pretty 
cynical approach, of course. But if it is true, or there is any truth 
to it, then it is pretty pathetic that they would let these hundreds of 
thousands of people go down the drain without just compensation, which 
we have in this bill, because of politics.
  By the way, the other reason is because the AFL-CIO has not signed 
onto this bill. That is not quite true. There are a few unions that are 
for this bill. They know it is important. They know they are going to 
lose jobs, they are going to lose pensions, they are going to lose 
opportunities if these companies keep going bankrupt. About 70,000 
jobs, it is estimated now, have been lost.
  These are two very large constituencies of the Democratic Party. I 
cannot blame Democrats for at least considering that they are concerned 
about this bill. But I think the union leaders know this is an 
important bill, and they know it is a good bill. Frankly, they do not 
want to have to make that decision during an election year.
  Well, I do not care whether it is an election year or nonelection 
year; we cannot wait any longer. If we do not pass this bill and do the 
best we can do for these workers and for these companies, and for all 
concerned, in the way we have, these companies are going to have to 
come up with this whopping amount of money in this bill. They are the 
ones who are going to have to do it.
  I saw yesterday in the Wall Street Journal they thought the 
Government was going to have to come up with lots of money. Well, some 
actually make a pretty good argument the Government should. We have 
made it very clear the Government is not going to. This is not going to 
be part of our deficit burden we have in this country. Let some

[[Page 6775]]

make their effective arguments the Government knew asbestos was 
harmful, yet imposed it by regulation in our ships and in so many other 
ways. Be that as it may, we are not imposing this on Government. These 
companies are going to have to come up with this money. It has been a 
monumental effort by those of us who have fought this through to bring 
together enough money to be able--according to those who analyze the 
economics of this, those who are honest and decent in analyzing it--to 
pay the claims we have under the medical criteria in this bill. And the 
medical criteria happen to be fair as well.
  Let me close. First of all, I hope that is not the reason why our 
colleagues vote against this bill. Unfortunately, I believe that 
probably is the reason--those two reasons. There may be others as well, 
but they are not justified after all the hard work that has been done 
by both Democrats and Republicans in bringing the bill this far.
  Let me close by thanking the majority leader, Senator Frist, for the 
work he has done, and especially thank Senator Specter for his 
Herculean efforts in bringing the bill to its present form, and Judge 
Becker, for whom I have the utmost of respect and affection. I urge my 
colleagues to support this fair solution to a broken system that has 
languished far too long.
  Mr. President, I yield the floor.
                                 ______
                                 
      By Mr. CORZINE (for himself and Mr. Lautenberg):
  S. 2291. A bill to redesignate the facility of the United States 
Postal Service located at 14-24 Abbott Road in Fair Lawn, New Jersey, 
as the ``Mary Ann Collura Post Office Building''; to the Committee on 
Governmental Affairs.
  Mr. CORZINE. Mr. President, I am honored to introduce a bill on 
behalf of Senator Frank Lautenberg and myself to authorize the renaming 
of the main post office in Fair Lawn, NJ as the Mary Ann Collura Post 
Office.
  Mary Ann Collura was the first female police officer in Fair Lawn, 
where she served the people in her community as an outstanding officer 
and role model for eighteen years. On April 17, 2003, Officer Collura 
was fatally shot while attempting to arrest three men after a car 
chase. She was the first Fair Lawn police officer ever killed in the 
line of duty.
  The idea for naming the Fair Lawn post office in honor of Officer 
Collura came from a Fair Lawn high school student, which is indicative 
of the admiration the people of Fair Lawn have for her. She was known 
for her courage, kindness, and genuine caring for others. Officer 
Collura was also a pioneer in Fair Lawn. She started a program to 
protect trick-or-treaters on Halloween by giving them glow sticks, 
which has expanded and is now a countywide program.
  Senator Lautenberg and I are proud to be joining Representative 
Steven Rothman and the entire New Jersey congressional delegation in 
the effort to rename the Fair Lawn post office in honor of Mary Ann 
Collura. By naming the main post office in town after such a brave 
woman, we pay her the respect she earned, and memorialize her in a way 
befitting a person of her stature. She is a true hero and will be 
missed.
  I ask by unanimous consent that the text of the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2291

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

     SECTION 1. REDESIGNATION.

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

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the facility referred 
     to in section 1 shall be deemed to be a reference to the 
     ``Mary Ann Collura Post Office Building''.
                                 ______
                                 
      By Mr. VOINOVICH:
  S. 2292. A bill to require a report on acts of anti-Semitism around 
the world; to the Committee on Foreign Relations.
  Mr. VOINOVICH. Madam President, during the last several years, I have 
been deeply concerned with the rise of antisemitism in countries 
throughout the world, including countries that have traditionally been 
among the world's strongest democracies.
  Today, as Jewish people across the world celebrate Passover, a 
festival of freedom and redemption, I rise to again call attention to 
growing antisemitism and to urge a renewed effort to combat this 
serious problem, both at home and abroad.
  Although some of my colleagues might not be aware, I have had the 
opportunity to visit the State of Israel seven times, as mayor of 
Cleveland, Governor of Ohio, and as a Member of the Senate. I will 
always remember visiting Yad Vashem on my first visit in 1980, and 
again on several other visits, and the Diaspora Museum in Tel Aviv in 
1982. That experience truly brought home to me the horrors of the 
Holocaust and the role antisemitism played in leading to the Holocaust.
  I vowed I would do everything in my power to make sure it would not 
happen again. Frankly, I never thought during my lifetime I would have 
to try to keep that vow. Unfortunately, antisemitism's deadly, ugly 
head is rising again. Working with other groups, I am determined to do 
everything I can do to stop it. There must be zero tolerance of 
antisemitism.
  In May of 2002, following a disturbing number of antisemitic 
incidents in Europe, I joined members of the Helsinki Commission in a 
hearing to examine the rise of antisemitic violence in Europe. I was 
shocked by the reports I heard. Now, nearly 2 years later, the news is 
not much better. The first 3 months of 2004 have seen numerous acts of 
antisemitism abroad.
  For example, in Toulon, France, on March 23, 2004, a Jewish synagogue 
and community center were set on fire. In St. Petersburg, Russia, on 
February 15, 2004, vandals desecrated approximately 50 gravestones in a 
Jewish cemetery, painting them with swastikas and antisemitic graffiti.
  Antisemitic incidents are not unique to Europe. In Australia, on 
January 5 of this year, antisemitic slogans and symbols were burned 
into the lawns of Tasmania's Parliament House.
  In Toronto, Canada, over the weekend of March 19, 2004, vandals 
attacked a Jewish school, cemetery, and area synagogues, painting 
swastikas and antisemitic slogans on the walls of the synagogue and on 
residential property in a predominantly Jewish neighborhood nearby.
  This alarming trend has not gone unnoticed. The high number of 
antisemitic incidents in Europe and other parts of the world has caused 
the United States, working with our allies and international 
organizations such as the Organization for Security and Cooperation in 
Europe, to take action.
  Efforts to highlight growing antisemitism began in earnest following 
the Helsinki Commission hearing in May 2002, to which I have just 
referred. During that hearing, I called on the OSCE to conduct a 
separate session on antisemitism during the annual meeting of the OSCE 
parliamentary assembly in Berlin in July 2002. I was pleased this did 
in fact take place. Delegates to this meeting also unanimously passed a 
resolution calling attention to the dangers of antisemitism, which I 
cosponsored. I was honored to be in Berlin for the meeting, joining 
Representative Chris Smith, who serves as chairman of the Helsinki 
Commission and continues to be a great leader on this issue. We are 
very fortunate to have Chris Smith heading the Helsinki Commission in 
the House of Representatives. He is doing a wonderful job. Work 
continued upon our return with letters to the President and Secretary 
of State, underscoring the importance of a strong U.S. commitment to 
the fight against global antisemitism.
  Last June, former New York City Mayor Rudy Giuliani led the U.S. 
delegation to the first conference of the OSCE dedicated solely to the 
issue of antisemitism.
  The conference took place in Vienna, bringing together 
parliamentarians, officials, and private citizens from all 55

[[Page 6776]]

OSCE participating states. This conference was the product of much hard 
work and would not have been a reality without the strong support of 
Secretary of State Colin Powell, Under Secretary of State for Political 
Affairs Mark Grossman, and our Ambassador to the OSCE, Stephan Minikes. 
Stephan Minikes, by the way, I think is the most outstanding ambassador 
the United States has sent to the OSCE in a very long time.
  The Vienna conference was a step in the right direction. I believe 
Mayor Giuliani best captured the significance of the event when he 
remarked:

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

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

                                         United States Senate,

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

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


                         Berlin OSCE Conference

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


                    osce monitoring of anti-semitism

       ODIHR should craft a data collection model. A visit to the 
     United States and other relevant OSCE countries by Ambassador 
     Strohal and his team would enable vital consultations with 
     hate-crime monitoring experts in and out of government.
       In addition to collecting and analyzing data, ODIHR needs 
     to implement its new mandate by working with OSCE member 
     states to promote in-country programs and legislation. ODIHR 
     should also begin evaluating and developing recommended 
     standards for reporting and classifying of incidents.
       OSCE law-enforcement programs should include an anti-bias 
     unit where possible.
       A session in the October HDIM should be devoted to a status 
     report on this and related initiatives.

[[Page 6777]]

       As you know, Senator, our organizations are in close 
     coordination with the United States Government, with each 
     other and with other governments and interested parties to 
     maximize the possibilities for Berlin and beyond. We 
     appreciate your initiative in soliciting our input on this 
     timely and vital matter, and look forward to continuing our 
     work with you and your Senate colleagues.
           Sincerely,
     Mark B. Levin,
       Executive Director, NCSJ: Advocates on behalf of Jews in 
     Russia, Ukraine, the Baltic States & Eurasia
     Daniel S. Mariaschin,
       Executive Vice President, B'nai B'rith International
     Malcolm Hoenlein,
       Executive Vice Chairman, Conference of Presidents of Major 
     American Jewish Organizations
     Abraham H. Foxman,
       National Director, Anti-Defamation League
     Hannah Rosenthal,
       Executive Director, Jewish Council for Public Affairs
     David A. Harris,
       Executive Director, American Jewish Committee.

  Mr. VOINOVICH. Madam President, I am pleased the State Department has 
taken these suggestions into consideration in working to prepare the 
agenda for the Berlin conference. There has been a great deal of effort 
to ensure this conference meets my expectations and others', and it is 
my sincere hope this meeting will help move toward the goal of zero 
tolerance for antisemitism in the world today. While I believe we must 
do all we can to encourage our allies and partners abroad, as well as 
our international organizations, such as the OSCE, the United Nations, 
and the EU to combat antisemitism, it is important we redouble our 
efforts at home to call attention to this problem.
  Tomorrow the Senate Foreign Relations Committee will conduct a 
hearing to examine antisemitism in Europe. This continues discussion on 
the issue following a hearing that took place last October. While this 
is significant, we can and we ought to do more.
  Today I introduce legislation calling attention to the growing 
problem of antisemitism abroad. This bill, called the Global 
Antisemitism Review Act of 2004, urges the United States to continue to 
strongly support efforts to highlight antisemitism through bilateral 
relationships and interaction with international organizations, such as 
the Organization for Security and Cooperation in Europe.
  Further, the legislation requires the Secretary of State to submit to 
Congress an annual report on acts of antisemitism worldwide. The report 
will include a description of the following for each foreign country; 
in other words, we are going to have a report on each one of the 55 
members of the OSCE.
  First, a description of physical violence against or harassment of 
Jewish people or community institutions, such as schools, synagogues, 
or cemeteries, that occurred in that country; second, the response of 
the government of that country to such attacks; third, actions by the 
government of that country to enact and enforce laws relating to the 
protection of the rights to religious freedom with respect to Jewish 
people; and finally, the efforts made by that government to promote 
antibias and tolerance education.
  The last point I think is so important. If we are truly to be 
successful, it is imperative we work to promote tolerance and bring 
about a change in the hearts and minds of those people responsible for 
acts of antisemitism and other hate crimes. We can do something about 
their mouths, their hands, and their feet, but the real challenge for 
us is to change their minds and their hearts.
  Last year, both the Senate and the House of Representatives passed 
resolutions calling on the State Department to thoroughly document acts 
of antisemitism worldwide. This bill would take it one step further. I 
believe it is essential, and I urge my colleagues to join me in 
supporting swift passage of this legislation which will underscore the 
high priority Congress and the U.S. Government have given to zero 
tolerance of global antisemitism.
  Mr. VOINOVICH. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2292

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Global Anti-Semitism Review 
     Act of 2004''.

     SEC. 2. FINDINGS.

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

     SEC. 3. SENSE OF CONGRESS.

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

     SEC. 4. REPORT.

       Not later than 180 days after the date of enactment of this 
     Act, and annually thereafter, the Secretary of State shall 
     submit to the Committee on Foreign Relations of the Senate 
     and the Committee on International Relations of the House of 
     Representatives a report on acts of anti-Semitism around the 
     world, including a description of--
       (1) acts of physical violence against, or harassment of, 
     Jewish people, and acts of violence against, or vandalism of, 
     Jewish community institutions, such as schools, synagogues, 
     or cemeteries, that occurred in each country;

[[Page 6778]]

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

                                S. 2294

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Jornada Experimental Range 
     Transfer Act of 2004''.

     SEC. 2. DEFINITIONS.

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

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

       (a) Conveyance.--The Secretary may convey to the Board, by 
     quitclaim deed, for no consideration, all right, title, and 
     interest of the United States in and to the land described in 
     subsection (b).
       (b) Description of Land.--The parcel of land referred to in 
     subsection (a) consists of not more than 1000 acres of land 
     selected by the Secretary--
       (1) that is located in the Jornada Experimental Range in 
     the State of New Mexico; and
       (2) that is subject to an easement granted by the 
     Agricultural Research Service to the Board.
       (c) Conditions.--The conveyance of land under subsection 
     (a) shall be subject to--
       (1) the condition that the Board pay--
       (A) the cost of any surveys of the land; and
       (B) any other costs relating to the conveyance;
       (2) any rights-of-way to the land reserved by the 
     Secretary;
       (3) a covenant or restriction in the deed to the land 
     described in subsection (b) requiring that--
       (A) the land may be used only for educational purposes;
       (B) if the land is no longer used for the purposes 
     described in subparagraph (A), the land shall, at the 
     discretion of the Secretary, revert to the United States; and
       (C) if the land is determined by the Secretary to be 
     environmentally contaminated under subsection (d)(2)(A), the 
     Board shall remediate the contamination; and
       (4) any other terms and conditions that the Secretary 
     determines to be appropriate.
       (d) Reversion.--If the land conveyed under subsection (a) 
     is no longer used for the purposes described in subsection 
     (c)(3)(A)--
       (1) the land shall, at the discretion of the Secretary, 
     revert to the United States; and
       (2) if the Secretary chooses to have the land revert to the 
     United States, the Secretary shall--
       (A) determine whether the land is environmentally 
     contaminated, including contamination from hazardous wastes, 
     hazardous substances, pollutants, contaminants, petroleum, or 
     petroleum by-products; and
       (B) if the Secretary determines that the land is 
     environmentally contaminated, the Board or any other person 
     responsible for the contamination shall remediate the 
     contamination.
                                 ______
                                 
      By Mr. McCAIN (for himself, Mr. Kyl, Mr. Dorgan, Mr. Schumer, 
        Mrs. Clinton, and Mrs. Boxer):
  S. 2295. A bill to authorize appropriations for the Homeland Security 
Department's Directorate of Science and Technology, establish a program 
for the use of advanced technology to meet homeland security needs, and 
for other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. McCAIN. Mr. President, I am pleased to be joined today by a 
number of my colleagues representing southern and northern border 
States, including Senators Kyl, Dorgan, Schumer, Clinton, and Boxer in 
introducing the Border Security and Technology Integration Act of 2004. 
This bill was developed together with my fellow Arizonan, Congressman 
Kolbe, who has introduced the House companion to this bill. It is 
designed to identify and address gaps in border infrastructure and 
enforcement and promote our Nation's security efforts.
  As estimated one million people enter this country illegally every 
year. Last year, more than 300 people died illegally crossing the 
border separating the United States and Mexico--and over 200 of those 
deaths occurred in the Arizona desert. Although the vast majority of 
these individuals do not intend to harm our Nation, we must recognize 
our vulnerability to security threats and take action to address 
identified safety and security lapses. Improving enforcement along our 
porous borders, as proposed in this legislation, would be one very 
important step in our efforts to promote national security.
  While I commend the Department of Homeland Security (DHS) for its 
many actions taken over the past year, much remains to be done to 
secure our Nation. We do not have sufficient control of our Nation's 
borders, and that fact represents a serious threat to our Nation's 
security. The solution is two part. We must couple comprehensive 
immigration reform with improvements in infrastructure and enforcement 
in the border region--one without the other will never solve this 
problem. Last summer I introduced comprehensive immigration reform 
legislation to address our broken immigration system. The Border 
Security and Technology Integration Act of 2004 would address the other 
half of the border security equation--improving technology, 
infrastructure, and coordination in the border region.
  The Border Security and Technology Integration Act is intended to 
improve security along the vast expanses of land between ports of entry 
along our Nation's northern and southern borders. It would direct the 
Department of Homeland Security (DHS) to conduct comprehensive 
vulnerability and threat assessments throughout Bureau of Customs and 
Border Protection field offices to determine what technology and 
equipment are needed to improve security. The bill would establish two 
new border technology pilot programs, one to address aerial 
surveillance and

[[Page 6779]]

another to address ground surveillance, that together, will 
comprehensively evaluate technologies that can improve security along 
the borders.
  With jurisdiction along the border divided among a number of Federal, 
State, local, and tribal government agencies, coordination and 
communication between entities too often falls short. To address this 
problem, this bill would direct DHS to develop plans to improve 
coordination, communications integration, and information sharing among 
the various governmental agencies.
  The bill also would provide additional direction to the Science and 
Technology (S&T) Directorate within the DHS. The S&T Directorate is 
responsible for coordinating research, development, testing, and 
evaluation activities for all elements of DHS. It also has distinct 
program areas dedicated to addressing each major category of weapons of 
mass destruction, such as chemical, biological, radiological, nuclear, 
and high-explosives. In fiscal year 2004, DHS received $1.04 billion in 
research and development (R&D) funding, with $874 million appropriated 
to the S&T Directorate.
  The Border Security and Technology Integration Act is intended to 
improve the coordination and integration of R&D needs and priorities 
managed by the S&T Directorate. Although most of Department's R&D 
activities are within the S&T Directorate, other directorates within 
DHS also include an R&D component. The lack of consolidatoin of R&D 
activities raises concern about the potential for duplication and 
misuse of R&D funds. The FY 2005 budget request recognizes the need to 
consolidate research funds, and to assist with this effort, this bill 
would direct DHS to identify all R&D activities outside of the S&T 
Directorate and consolidate these activities within the Directorate to 
minimize waste and duplication of efforts.
  Technology transfer, which is defined as ``a process by which 
technology developed in one organization, in one area, or for one 
purpose is applied in another organization, in another area, or for 
another purpose'' is an essential component of the new S&T Directorate. 
This legislation will direct the Undersecretary of the S&T Directorate 
to establish a Technology Transfer and Licensing Office to facilitate 
the transfer of technologies into and out of the S&T Directorate and to 
handle licensing activities for the S&T Directorate. It also would 
direct DHS to conduct a study to determine the feasibility of 
establishing a nonprofit government-sponsored enterprise for investing 
in private sector enterprises that develop new technologies that show 
promise for homeland security applications.
  Again, border security and immigration reform represent national 
security issues for all Americans and matters of life and death for 
many living along the border. Since January, over 2,000 suspected 
smugglers and well over 155,000 undocumented immigrants have been 
apprehended across Arizona.
  The Federal Government's inability to adequately secure our borders 
perpetuates a state of lawlessness, shifting substantial financial and 
social burdens to residents of the border region. Violent crimes in 
Phoenix, alone, have risen 400 percent over the past year, largely due 
to human smugglers. Across the Nation, hospitals spend well over $200 
million a year providing uncompensated care to undocumented immigrants, 
forcing many hospitals along the border to close their doors or 
dramatically reduce services. Cash-strapped local law enforcement 
officials spend millions of dollars covering the cost of incarcerating 
undocumented immigrants. Frustrated by this situation, some residents 
have taken the law into their own hands, forming vigilante groups to 
patrol the border.
  While DHS has recently launched several initiatives, including 
Operation ICE Storm and the Arizona Border Control Initiative, which I 
hope will substantially improve security in the Arizona border region, 
we must do more. Manpower alone can never secure the border. We need a 
comprehensive border-wide security approach that involves people, 
infrastructure, and technology.
  I urge may colleagues to support our efforts to address border 
security in a reasoned and responsible manner. I ask unanimous consent 
that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2295

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

     SECTION 1. SHORT TITLE.

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

                        TITLE I--BORDER SECURITY

     SEC. 101. VULNERABILITY AND THREAT ASSESSMENT.

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

     SEC. 102. DISCRETIONARY ACCOUNTS FOR FIELD OFFICES.

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

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

       (a) Pilot Program.--Not later than 180 days after the date 
     of the enactment of this Act, the Under Secretary of Homeland 
     Security for Science and Technology, in consultation with the 
     Under Secretary of Homeland

[[Page 6780]]

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

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

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

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

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

     SEC. 106. BORDER SECURITY COORDINATION.

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

     SEC. 107. MONITORING FOR BORDER AREA BIOTERRORISM ATTACKS.

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

[[Page 6781]]



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

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal year 2005.--There are authorized to be 
     appropriated to the Secretary of Homeland Security for the 
     Directorate of Science and Technology $1,039,350,000 for 
     fiscal year 2005 to carry out title III of the Homeland 
     Security Act of 2002 (6 U.S.C. 181 et seq.), of which--
       (1) $129,300,000 shall be for radiological/nuclear 
     countermeasures;
       (2) $407,000,000 shall be for biological countermeasures;
       (3) $62,700,000 shall be for chemical and high explosives 
     countermeasures;
       (4) $39,700,000 shall be for the standards and State and 
     local program;
       (5) $34,000,000 shall be for the Conventional Missions/
     Components Program;
       (6) $30,000,000 shall be for university programs;
       (7) $21,000,000 shall be for emerging threats;
       (8) $76,000,000 shall be for the Rapid Prototyping Program;
       (9) $101,900,000 shall be for threat and vulnerability 
     testing and assessment;
       (10) $61,000,000 shall be for Counter MANPADS/Critical 
     Infrastructure Protection;
       (11) $52,600,000 shall be for salary and expenses; and
       (12) $24,150,000 shall be for Research and Development 
     Consolidation transferred funds.
       (b) Fiscal Year 2006.--There are authorized to be 
     appropriated to the Secretary of Homeland Security for the 
     Directorate of Science and Technology $1,045,656,000 for 
     fiscal year 2006 to carry out title III of the Homeland 
     Security Act of 2002 (6 U.S.C. 181 et seq.), of which--
       (1) $133,179,000 shall be for radiological/nuclear 
     countermeasures;
       (2) $419,210,000 shall be for biological countermeasures;
       (3) $64,581,000 shall be for chemical and high explosives 
     countermeasures;
       (4) $40,891,000 shall be for the standards and State and 
     local program;
       (5) $35,020,000 shall be for the Conventional Missions/
     Components Program;
       (6) $30,900,000 shall be for university programs;
       (7) $21,630,000 shall be for emerging threats;
       (8) $78,280,000 shall be for the Rapid Prototyping Program;
       (9) $104,957,000 shall be for threat and vulnerability 
     testing and assessment;
       (10) $62,830,000 shall be for Counter MANPADS/Critical 
     Infrastructure Protection; and
       (11) $54,178,000 shall be for salary and expenses.
       (c) Fiscal Year 2007.--There are authorized to be 
     appropriated to the Secretary of Homeland Security for the 
     Directorate of Science and Technology $1,077,025,680 for 
     fiscal year 2007 to carry out title III of the Homeland 
     Security Act of 2002 (6 U.S.C. 181 et seq.), of which--
       (1) $137,174,370 shall be for radiological/nuclear 
     countermeasures;
       (2) $431,786,300 shall be for biological countermeasures;
       (3) $66,518,430 shall be for chemical and high explosives 
     countermeasures;
       (4) $42,117,730 shall be for the standards and State and 
     local program;
       (5) $36,070,600 shall be for the Conventional Missions/
     Components Program;
       (6) $31,827,000 shall be for university programs;
       (7) $22,278,900 shall be for emerging threats;
       (8) $80,628,400 shall be for the Rapid Prototyping Program;
       (9) $108,105,710 shall be for threat and vulnerability 
     testing and assessment;
       (10) $64,714,900 shall be for Counter MANPADS/Critical 
     Infrastructure Protection; and
       (11) $55,803,340 shall be for salary and expenses.
       (d) Fiscal Year 2008.--There are authorized to be 
     appropriated to the Secretary of Homeland Security for the 
     Directorate of Science and Technology $1,109,336,450 for 
     fiscal year 2008 to carry out title III of the Homeland 
     Security Act of 2002 (6 U.S.C. 181 et seq.), of which--
       (1) $141,289,601 shall be for radiological/nuclear 
     countermeasures;
       (2) $444,739,889 shall be for biological countermeasures;
       (3) $68,513,983 shall be for chemical and high explosives 
     countermeasures;
       (4) $43,381,262 shall be for the standards and State and 
     local program;
       (5) $37,152,718 shall be for the Conventional Missions/
     Components Program;
       (6) $32,781,810 shall be for university programs;
       (7) $22,947,267 shall be for emerging threats;
       (8) $83,047,252 shall be for the Rapid Prototyping Program;
       (9) $111,348,881 shall be for threat and vulnerability 
     testing and assessment;
       (10) $66,656,347 shall be for Counter MANPADS/Critical 
     Infrastructure Protection; and
       (11) $57,477,440 shall be for salary and expenses.

     SEC. 202. RESEARCH NEEDS AND PRIORITIES REPORT.

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

     SEC. 203. NATIONAL ACADEMY OF SCIENCES.

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

     SEC. 204. RESEARCH AND DEVELOPMENT ACTIVITIES REPORTS.

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

     SEC. 205. PERSONNEL PLAN.

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

     SEC. 206. HOMELAND SECURITY INSTITUTE.

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

     SEC. 207. TECHNOLOGY TRANSFER AND LICENSING OFFICE.

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

[[Page 6782]]

     of Representatives Select Committee on Homeland Security 
     within 1 year after the plan is implemented.

     SEC. 208. HOMELAND SECURITY TECHNOLOGY INVESTMENT STUDY.

       (a) In General.--Within 90 days after the date of enactment 
     of this Act, the Secretary of Homeland Security shall 
     initiate and complete a study to determine the feasibility of 
     funding a nonprofit government-sponsored enterprise for the 
     purpose of investing in private sector enterprises to support 
     research and development of new technologies that show 
     promise for homeland security applications.
       (b) Report.--The Secretary shall transmit a report, with 
     the Secretary's findings, conclusions, and recommendations 
     (including legislative recommendations, if appropriate), 
     within 120 days after the date of enactment of this Act to 
     the Senate Committee on Commerce, Science, and 
     Transportation, the House of Representatives Committee on 
     Science, and the House of Representatives Select Committee on 
     Homeland Security.
                                 ______
                                 
      By Mrs. HUTCHISON (for herself and Ms. Snowe):
  S. 2297. A bill to improve intermodal shipping container 
transportation security; to the Committee on Commerce, Science, and 
Transportation.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2297

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Intermodal Shipping 
     Container Security Act''.

     SEC. 2. NATIONAL TRANSPORTATION SECURITY STRATEGY.

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

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

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

     SEC. 4. SHIPPING CONTAINER INTEGRITY INITIATIVE.

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

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

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

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

     SEC. 5. ADDITIONAL RECOMMENDATIONS.

       Within 180 days after the date of enactment of this Act, 
     the Secretary of Homeland Security shall submit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure a report that contains the following:
       (1) Recommendations about what analysis must be performed 
     and the cost to develop

[[Page 6783]]

     and field a cargo container tracking and monitoring system 
     within the United States which tracks all aviation, rail, 
     maritime, and highway cargo containers equipped ,with smart 
     container technology.
       (2) Recommendations on how the Department of Homeland 
     Security could help support the deployment of such a system.
       (3) Recommendations as to how current efforts by the 
     Department of Homeland Security and other Federal agencies 
     could be incorporated into the physical screening or 
     inspection of aviation, rail, maritime, and highway cargo 
     containers within the United States.
       (4) Recommendations about operating systems and standards 
     for those operating systems, to support the tracking of 
     aviation, rail, maritime, and highway cargo containers within 
     the United States that would include the location of 
     regional, State, and local operations centers.
       (5) A description of what contingency actions, measures, 
     and mechanisms should be incorporated in the deployment of a 
     nationwide aviation, rail, maritime, and highway cargo 
     containers tracking and monitoring system which would allow 
     the United States maximum flexibility in responding quickly 
     and appropriately to increased terrorist threat levels at the 
     local, State, or regional level.
       (6) A description of what contingency actions, measures, 
     and mechanisms must be incorporated in the deployment of such 
     a system which would allow for the quick reconstitution of 
     the system in the event of a catastrophic terrorist attack 
     which affected part of the system.
       (7) Recommendations on how to leverage existing information 
     and operating systems within State or Federal agencies to 
     assist in the fielding of the system.
       (8) Recommendations on co-locating local, State, and 
     Federal agency personnel to streamline personnel 
     requirements, minimize costs, and avoid redundancy.
       (9) An initial assessment of the availability of private 
     sector resources which could be utilized, and incentive 
     systems developed, to support the fielding of the system, and 
     the maintenance and improvement as technology or terrorist 
     threat dictate.
       (10) Recommendations on how this system that is focused on 
     the continental United States would be integrated into any 
     existing or planned system, or process, which is designed to 
     monitor the movement of cargo containers outside the 
     continental United States.

     SEC. 6. IMPROVEMENTS TO CONTAINER TARGETING SYSTEMS.

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

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

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

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

[[Page 6784]]

  Our bill will encourage more undergraduates to complete degrees in 
mathematics, science, engineering, and the less-commonly taught, 
critical foreign languages by establishing a program to forgive the 
interest on a borrower's student loans if he or she earns a degree in 
one of these subjects. This will provide an incentive for students who 
are interested in language, math or science to study them in depth.
  The bill establishes grants for partnerships between school districts 
and private entities to help schools improve science and math 
curriculum, upgrade laboratory facilities, and purchase scientific 
equipment. The private sector partner will donate technology or 
equipment to the school district; provide scholarships for students to 
study math, science or engineering in college; establish internship or 
mentoring opportunities for students; or sponsor programs targeted to 
young people who are under-represented in the fields of math, science 
and engineering.
  In order to stay on top of innovations in science and technology, 
more professionals in these fields will need to be proficient also in a 
foreign language. This is imperative to our national security--even 
some scientific documents and articles in the public domain are beyond 
the translation capabilities of our government. The Homeland Security 
Education Act will make grants available to colleges and universities 
to establish programs in which students take courses in science, math 
and technology taught in a foreign language. Funds will also support 
immersion programs for students to take science and math courses in a 
non-English speaking country.
  The Homeland Security Education Act authorizes $20 million for the 
National Flagship Language Initiative, which was authorized in the last 
Congress. The funds will be used to provide institutional grants to 
universities to graduate specific numbers of students with the foreign 
language proficiencies needed by the government and will allow the 
universities to operate foreign language immersion programs overseas. 
Participating institutions will make available a negotiated number of 
slots to student applicants who are Federal employees.
  With this legislation, we hope to address some of the gaps in 
homeland security that have been identified by numerous experts and 
panels, including the Hart-Rudman Commission on National Security in 
the 21st Century. We must do everything possible to ensure that our 
intellectual preparedness is equal to our military preparedness. I urge 
my colleagues to join us in cosponsoring this important legislation.
  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. 2299

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Homeland Security Education 
     Act''.

     SEC. 2. FINDINGS AND PURPOSE.

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

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

     SEC. 101. SUBSIDIZED INTEREST LOANS TO STUDENTS.

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

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

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

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

       ``(a) Purpose.--It is the purpose of this section to 
     forgive interest payments on student loans under this part 
     for a student in repayment status who has obtained an 
     undergraduate degree in science, mathematics, engineering, or 
     a foreign language in order to provide additional incentives 
     for undergraduate students to pursue degrees in these 
     subjects.
       ``(b) Program Authorized.--
       ``(1) In general.--From the sums appropriated pursuant to 
     subsection (d), the Secretary shall cancel the obligation to 
     pay interest on a loan amount, in accordance with subsection 
     (c) for a loan under this part, for a borrower who--
       ``(A) is in need of the amount of the loan to pursue a 
     course of study at an accredited institution of higher 
     education;
       ``(B) is in good standing and is capable, in the opinion of 
     the institution of higher education involved, of maintaining 
     good standing in such course of study;

[[Page 6785]]

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

     SEC. 102. REPORT TO CONGRESS.

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

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

     SEC. 201. FEDERAL GRANTS TO PUBLIC SCHOOLS.

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

      ``PART E--STRENGTHENING SCIENCE AND MATHEMATICS INSTRUCTION

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

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

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

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

     ``SEC. 5703. DEFINITION.

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

     SEC. 202. NATIONAL MATHEMATICS AND SCIENCE NEEDS ASSESSMENT.

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

            TITLE III--PROMOTING FOREIGN LANGUAGE EDUCATION

     SEC. 301. FINDINGS.

       Congress makes the following findings:
       (1) Foreign language skills and area expertise are integral 
     to, or directly support, every foreign intelligence 
     discipline and are essential factors in national security 
     readiness, information superiority, and coalition 
     peacekeeping or warfighting missions.
       (2) Federal intelligence and defense agencies have been 
     reporting shortfalls in language capability.
       (3) Communicating in languages other than English and 
     understanding and accepting cultural and societal differences 
     are vital to the success of peacetime and wartime military 
     operations.
       (4) The optimum time to begin learning a second language is 
     in elementary school, when children have the ability to learn 
     and excel in several foreign language acquisition skills, 
     including pronunciation.

[[Page 6786]]

       (5) Foreign language study can increase children's capacity 
     for critical and creative thinking skills, and children who 
     study a second language show greater cognitive development in 
     areas such as mental flexibility, creativity, tolerance, and 
     higher order thinking skills.
       (6) Children who have studied a foreign language in 
     elementary school achieve expected gains and score higher on 
     standardized tests in reading, language arts, and mathematics 
     than children who have not studied a foreign language.
       (7) Proficiency levels required to perform national 
     security functions have been raised, and what was once 
     considered proficiency is no longer the case. The ability to 
     comprehend and articulate technical and complex information 
     has become critical.
       (8) Languages taught in universities are often not the 
     languages that address national security needs. The top 
     languages the United States Defense Language Institute 
     requires are Arabic, Chinese, Japanese, Korean, Pashto, 
     Persian-Farsi, Portuguese, Russian, and Serbian-Croatian. 
     Existing foreign language proficiency in nontargeted 
     languages also provides a foundation for subsequent foreign 
     languages, even if unrelated.
       (9) Immersion through work or schooling abroad is very 
     beneficial for developing needed language proficiencies.
       (10) Federal agencies have identified the need for 
     employees proficient in foreign languages who have diverse 
     skills including cryptography, translation (particularly with 
     technical documents), debriefing, and interrogation.

     SEC. 302. ENCOURAGING EARLY FOREIGN LANGUAGE STUDIES.

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

          ``PART E--ENCOURAGING EARLY FOREIGN LANGUAGE STUDIES

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

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

[[Page 6787]]

       ``(h) Termination.--If the Secretary determines that an 
     eligible partnership is not making substantial progress in 
     meeting the performance objectives described in subsection 
     (f) by the end of the third year of a grant under this 
     section, the grant payments shall not be made for the fourth 
     and fifth year of the grant.
       ``(i) Appropriations Authorized.--There are authorized to 
     be appropriated to carry out this section, $50,000,000 for 
     fiscal year 2005, and such sums as may be necessary for each 
     subsequent fiscal year.''.

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

       (a) Purpose.--It is the purpose of this section to support 
     programs in colleges and universities that encourage 
     students--
       (1) to develop an understanding of science and technology;
       (2) to develop foreign language proficiency; and
       (3) to foster future international scientific 
     collaboration.
       (b) Development.--The Secretary of Education shall develop 
     a program for the awarding of grants to institutions of 
     higher education that develop innovative programs for the 
     teaching of foreign languages.
       (c) Regulations and Requirements.--The Secretary of 
     Education shall promulgate regulations for the awarding of 
     grants under subsection (b). Such regulations shall require 
     institutions of higher education to use grant funds for, 
     among other things--
       (1) the development of an on-campus cultural awareness 
     program by which students attend classes taught in the 
     foreign language and study the science and technology 
     developments and practices in a non-English speaking country;
       (2) immersion programs where students take science or 
     technology related coursework in a non-English speaking 
     country; and
       (3) other programs, such as summer workshops, that 
     emphasize the intense study of a foreign language and science 
     or technology.
       (d) Grant Distribution.--In distributing grants to 
     institutions of higher education under this section, the 
     Secretary of Education shall give priority to--
       (1) institutions that have programs focusing on curriculum 
     that combines the study of foreign languages and the study of 
     science and technology and produces graduates who have both 
     skills; and
       (2) institutions teaching the less-commonly taught 
     languages of Arabic, Chinese, Japanese, Korean, Pashto, 
     Persian-Farsi, Portuguese, Russian, Serbian-Croatian, and any 
     language identified by the National Security Education 
     Program as a critical foreign language need.
       (e) Definitions.--In this section:
       (1) Institution of higher education.--In this section, the 
     term ``institution of higher education'' has the meaning 
     given to such term in section 101 of the Higher Education Act 
     of 1965 (20 U.S.C. 1001).
       (2) Science.--The term ``science'' means any of the natural 
     and physical sciences including chemistry, biology, physics, 
     and computer science. Such term does not include any of the 
     social sciences.
       (f) Appropriations Authorized.--There are authorized to be 
     appropriated to carry out this section, $15,000,000 for 
     fiscal year 2005, and such sums as may be necessary for each 
     subsequent fiscal year.

     SEC. 304. NATIONAL FLAGSHIP LANGUAGE INITIATIVE.

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

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

       (a) In General.--The Secretary of Education shall enter 
     into an agreement with the National Research Council to 
     conduct a study on the feasibility of establishing a National 
     Language Foundation whose mission would include--
       (1) research and development of teaching and learning 
     curriculum and software;
       (2) the establishment or advancement of standards to be 
     used in the performance of language instruction and testing;
       (3) service as a national resource center and provider for 
     both public and private sectors in language education and 
     training;
       (4) the development of, and advocacy for, national policy 
     and programs to improve the skills and certify the 
     qualification of language teachers;
       (5) the development of, and advocacy for, national policy 
     and programs related to the development of foreign language 
     capabilities and expansion of country and regional studies;
       (6) the development of, and advocacy for, national 
     professional criteria for qualification, employment, and 
     adequate compensation for language services; and
       (7) the development of a better understanding of the 
     changing level of language proficiency and language needs of 
     the Federal Government.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Education shall 
     transmit to the Committee on Governmental Affairs of the 
     Senate, the Committee on Health, Education, Labor, and 
     Pensions of the Senate, the Committee on Government Reform of 
     the House of Representatives, and the Committee on Education 
     and the Workforce of the House of Representatives a report 
     setting forth the findings, conclusions, and public policy 
     recommendations of the National Research Council relating to 
     the creation of a National Language Foundation.

  Mr. AKAKA. Mr. President, today I rise to join my good friend from 
Illinois, Senator Durbin, in reintroducing the Homeland Security 
Education Act. Our legislation would improve science, math, and foreign 
language education in the United States by offering incentives for 
students to study these subjects and provide much needed funding to 
elementary, secondary, and post secondary institutions to improve 
educational programs in these critical subject areas.
  As my colleagues know, the demand for individuals with technical and 
language expertise is growing. In 2001 the United States Commission on 
National Security/21st Century, also known as the Hart-Rudman 
Commission, concluded that America's need for many skilled people in 
science, math, computer science, and engineering is not being met. If 
we do not address this problem, America's position as a global leader 
would be challenged. With the acceleration of the internationalization 
of science and technology activities, assets, and capabilities, U.S. 
advantages in many critical fields are shrinking and may be eclipsed in 
the years ahead.
  While science, math, and engineering skills are especially critical 
for the defense and homeland security industries, expertise in these 
fields is also critical to the United States' success in the global 
economy. America's ability to lead depends particularly on the depth 
and breadth of its scientific and technical communities. Our education 
system must produce significantly more scientists and engineers to meet 
demand and maintain our global leadership in science and technology. We 
need to develop more qualified math and science teachers and provide 
educational incentives to encourage students to pursue careers in these 
fields. However, there will not be enough qualified workers to perform 
new technology jobs including those jobs critical to maintaining 
national security. It is more important than ever that we prepare the 
children of today with the skills necessary to succeed tomorrow.
  Also critical for success in today's world is proficiency in foreign 
languages. The terrorist attacks of September 11, 2001, placed renewed 
emphasis on the need for individuals possessing critical language 
skills. Shortly after the terrorist attacks, FBI Director Robert 
Mueller made a public plea requesting speakers of Arabic and Farsi to 
translate intelligence documents, left untranslated due to the lack of 
foreign language speakers.
  The investigations surrounding the attacks underscore how critical 
foreign language proficiency is to our national security. The joint 
Congressional Intelligence Committee inquiry into the terrorist attacks 
found that prior to September 11, the Intelligence Community was not 
prepared to handle the challenge of translating the volumes of foreign 
language counter-terrorism intelligence it had collected. Agencies 
within the Intelligence Community experienced backlogs in material 
awaiting translation, a shortage of language specialists and language-
qualified field officers, and a readiness level of only 30 percent in 
the most critical languages used by terrorists. These backlogs still 
exist.
  Our foreign language needs have grown significantly over the past 
decade with increasing globalization and a changing security 
environment. Foreign language skills are needed to support traditional 
diplomatic efforts and public diplomacy programs, military and 
peacekeeping missions, intelligence collection, counter-terrorism 
efforts, and international trade.
  Unfortunately, the United States faces a critical shortage of 
language proficient professionals government-wide. According to the 
General Accounting Office, agencies have shortages in translators and 
interpreters

[[Page 6788]]

and an overall shortfall in the language proficiency levels needed to 
carry out their missions. Our national security would be enhanced if 
our law enforcement officers, intelligence officers, scientists, 
military personnel, and other federal employees could decipher and 
interpret information from foreign sources, as well as interact with 
foreign nationals.
  America needs people who are fluent in local languages and who 
understand foreign cultures. The stability and economic vitality of the 
United States and our national security depend on American citizens who 
are knowledgeable about the world. We need civil servants, area 
experts, diplomats, business people, educators, and other public 
servants with the ability to communicate at an advanced level in 
foreign languages and understand the cultures of the people with whom 
they interact.
  The good news is that there has been a recent jump in enrollment in 
foreign language courses at the university level, according to the 
Modern Language Association. A total of 1.4 million students enrolled 
in foreign language classes in the Fall of 2003. This is a 17.9 percent 
jump since 1998 and represents the highest foreign language enrollment 
ever.
  At the same time, many foreign language programs at the elementary 
school level have suffered deep cuts. Many school districts are 
responding to funding shortages by reducing or eliminating their 
foreign language programs. In some districts, French and German 
programs have been cut to save Spanish programs, while less commonly 
taught languages, such as Russian and Japanese, are being phased out 
altogether. Although my own state of Hawaii leads the nation in cutting 
edge foreign language immersion programs for elementary school students 
and is one of the top nine states in the nation in the percentage of 
public primary schools offering foreign language immersion programs, 
more must be done.
  Experts tell us we should develop long-term relationships with people 
from every walk of life all across the world, whether or not the 
languages they speak are considered ``critical'' at the time. Experts 
also tell us that an ongoing commitment to maintaining these 
relationships and language expertise helps prevent crises from 
occurring and provides diplomatic and language resources when needed.
  They are right. We cannot afford to seek out foreign language skills 
after a terrorist attack occurs. The failures of communication and 
understanding have already done their damage. We must provide an 
ongoing commitment to language education and encourage knowledge of 
foreign languages and cultures.
  In 2001, my good friend and former colleague, the late Senator Paul 
Simon said, ``In every national crisis, our nation has lamented its 
foreign language shortfalls. But then the crisis goes away, and we 
return to business as usual. One of the messages of September 11 is 
that business as usual is no longer an acceptable option.'' Senator 
Durbin and I are reintroducing this important legislation today in 
order to reaffirm our ongoing commitment to foreign language and 
science education.
  In addition to the legislation we are introducing today, I have also 
introduced, with Senator Durbin and several of our colleagues, S. 589, 
the Homeland Security Federal Workforce Act, to address these skill 
shortfalls in the federal government. The Senate passed S. 589 in 
November, and the bill is pending before the House. However, we must 
now ensure that we not only provide incentives to recruit individuals 
with these skills, but also ensure that there is a talented applicant 
pool from which to recruit. This new bill, the Homeland Security 
Education Act, will do just that.
  The Homeland Security Education Act would provide incentives for 
students to obtain degrees in science, math, and foreign languages by 
offering to repay the interest on their student loans. Our legislation 
would also strengthen science and math instruction in elementary and 
secondary schools and promote foreign language education at all levels 
of study by encouraging greater training of foreign language teachers 
and the development of more rigorous foreign language education. These 
measures could have a significant impact on strengthening our nation's 
expertise in areas critical to national security.
  I urge my colleagues to support this important legislation and 
improve our science, math, and foreign language education programs.
                                 ______
                                 
      By Mr. KENNEDY (for himself, Mr. Bingaman, Mrs. Boxer, Mr. Pryor, 
        Mr. Hollings, Mr. Corzine, Mr. Edwards, Ms. Mikulski, Mr. 
        Lautenberg, Mr. Durbin, and Ms. Stabenow):
  S. 2300. A bill to amend the Medicare Prescription Drug, Improvement, 
and Modernization Act of 2003 to eliminate privatization of the 
medicare program and to reduce excessive payments to health maintenance 
organizations and other private sector insurance plans; to the 
Committee on Finance.

  Mr. KENNEDY. Mr. President, senior citizens expected the Congress and 
the President to work together to provide prescription drug benefits 
under Medicare. Instead, Republicans in Congress and President Bush 
rammed through a radical right-wing proposal to privatize Medicare and 
force senior citizens into HMOs. Their program is a giveaway to special 
interests at the expense of senior citizens. It is a dress rehearsal 
for privatizing social security. And it is wrong.
  Just a few weeks ago, the Medicare Trustee's report announced that 
Mecicare's financial position had deteriorated substantially, with the 
projected date of Hospital Insurance Trust Fund Insolvency slipping 
from 2026 to 2019. In part, the shakier status of the trust fund was 
due to the Bush administration's mismanagement of the economy, which 
has reduced payroll tax collections. But a major part of the weakened 
status of the Trust Fund is the excessive payments to HMOs, PPOs and 
other alternatives to conventional Medicare. These excess payments not 
only weaken Medicare, but they raise premiums for senior citizens and 
add to the deficit.
  Today, we are introducing legislation--the Defense of Medicare Act--
to repeal the parts of the prescription drug bill that are designed to 
undermine Medicare. Senior citizens have earned their Medicare with a 
lifetime of hard work--and they deserve the program they have been 
promised.
  President Bush's original strategy was to deny senior citizens any 
drug benefit unless they joined an HMO or other private insurance plan. 
That proposal was a non-starter, so the White House and Republicans in 
Congress developed a more devious way to achieve the same goal.
  The Bush administration privatizes Medicare in three ways. First, it 
overpays private plans by $1,200 per beneficiary--and throws in a $12 
billion dollar slush fund to boot. Let me repeat that. Every time a 
senior citizen joins an HMO it costs Medicare $1,200 more than it would 
cost to cover that same senior citizen under the regular Medicare 
program. The goal--to make Medicare unable to compete.
  According to the Medicare actuary, the excess payments to private 
plans as the result of the new bill will cost the Medicare program $46 
billion dollars--money that could be used to improve the inadequate 
drug benefit or to address the discrimination that will cause three 
million senior citizens to lose their good private retiree drug 
coverage or to reduce beneficiary premiums.
  Those big new checks are already flowing to Medicare HMOs. Every 
senior citizen--and every American family--should understand what this 
means. The Bush administration is using senior citizens' own Medicare 
money to undermine the Medicare program they depend on. The Bush 
administration has put the interests of HMOs and the insurance industry 
first--and the interests of senior citizens last.
  The second way the Republican Medicare bill forces senior citizens 
into HMOs is by specifying that if just one private stand-alone drug 
plan offers drug coverage, the only way a senior citizen can get a drug 
benefit is by

[[Page 6789]]

joining an HMO or other private insurance plan. Think about that. If 
the insurance plan charges premiums that are too high or doesn't cover 
the drugs your doctor prescribes, your only choice if you want a drug 
benefit at all is to join an HMO. That's the Bush administration's 
original plan.
  Finally, the bill forces up to seven million senior citizens into a 
so-called demonstration program that will punish senior citizens with 
higher premiums unless they join an HMO or other private insurance 
plan.
  The Bush administration is spending twenty-three million dollars of 
Medicare money to convince senior citizens that the Republican bill 
means, in the words of one of their commercials, ``Same Medicare. More 
Benefits.'' This use of Medicare funds to advance the Bush re-election 
effort is probably illegal. It is certainly unethical. But most of all 
it is false. If this bill is allowed to stand, senior citizens won't 
have the same Medicare. Instead, they will have a debased, devalued 
program and financially less secure program that will require them to 
give up the doctors they trust to get the affordable medical care they 
have been promised.
  Our legislation will repeal the provisions of the bill that squander 
Medicare money on fattening the profits of HMOs and the insurance 
industry. It will preserve Medicare for today's and tomorrow's senior 
citizens. It is a test of the conscience of the Senate, and we will 
insist on its consideration.
                                 ______
                                 
      By Mr. INOUYE:
  S. 2301. A bill to improve the management of Indian fish and wildlife 
and gathering resources, and for other purposes; to the Committee on 
Indian Affairs.
  Mr. INOUYE. Mr. President, I rise to introduce a discussion draft 
bill that has been developed by Indian tribal governments to provide 
for the improvement of the management of Indian fish and wildlife 
resources and to reaffirm that tribal governments are the principal 
managers of natural resources on tribal lands.
  The introduction of this discussion draft bill is intended to advance 
the process of consultation with Indian tribal governments, as well as 
tribal and Alaska Native organizations.
  I ask unanimous consent that the text of this measure be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2301

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

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

                      TITLE I--GENERAL PROVISIONS

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

              TITLE II--TRIBAL FISH AND WILDLIFE PROGRAMS

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

          TITLE III--ALASKA NATIVE FISH AND WILDLIFE PROGRAMS

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

   TITLE IV--TRIBAL SEAFOOD AND RESOURCE MARKETING ASSISTANCE PROGRAM

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

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

                   TITLE VI--MISCELLANEOUS PROVISIONS

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

                      TITLE I--GENERAL PROVISIONS

     SEC. 101. FINDINGS.

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

[[Page 6790]]

       (b) develop integrated resource management plans, 
     cooperative management agreements, and regulations addressing 
     hunting, fishing, trapping and gathering activities on tribal 
     lands, including the protection, conservation, and 
     enhancement of resource populations and habitats upon which 
     the meaningful exercise of subsistence activities depend;
       (c) maintain fish hatcheries and other facilities and 
     structures required for the prudent management, enhancement 
     and mitigation of fish and wildlife resources; and
       (d) assist Indian tribal governments in developing and 
     enhancing economic opportunities associated with the 
     conservation and management of fish and wildlife resources;
       (20) the United States -is committed to the goal of 
     supporting and enhancing tribal self-government, tribal self-
     sufficiency and the economic development of Native 
     communities as expressed through numerous Federal statutes; 
     and
       (21) while the existing network of Federal laws and 
     programs provide a framework for the protection and 
     management of Indian fish and wildlife resources, gathering 
     resources, and the operation and maintenance of Indian fish 
     production programs and facilities, an integrated and 
     comprehensive approach to these programs will help to ensure 
     the coordination of Federal agency activities with those of 
     Indian tribal governments as well as the efficiency and 
     effectiveness of Federal and tribal government programs.

     SEC. 102. PURPOSES.

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

     SEC. 103. DEFINITIONS.

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

[[Page 6791]]

       (B) the development and implementation of surveys, 
     inventories, geographic information system programs, and 
     integrated resource management plans for Indian lands, 
     regional resource management areas or traditional use areas;
       (C) fish production and hatchery management;
       (D) the development, implementation, and enforcement of 
     tribal fish and wildlife codes, ordinances and regulations;
       (E) the development of tribal conservation programs, 
     including employment and training of tribal conservation 
     enforcement officers;
       (F) judicial services;
       (G) public use and information management and general 
     administration; and
       (H) participation in joint or cooperative management of 
     fish and wildlife resources on a regional basis with Federal, 
     State, tribal, local or international authorities.
       (19) The term ``Secretary'' means the Secretary of the U.S. 
     Department of the Interior.
       (20) The term ``seafood'' means any plant or animal that 
     may be gathered, collected, or harvested in marine or fresh 
     water.
       (21) The term ``traditional use area'' means lands that 
     Indian tribes and their members have historically, 
     culturally, and geographically used for spiritual, social, 
     political, economic an sustenance purposes.
       (22) The term ``tribal co-management'' means the sharing of 
     decision-making, resource information, and management 
     responsibilities with one or more governments in local, 
     regional, national and international fish and wildlife 
     resource management processes.
       (23) The term ``tribal government'' means the governing 
     body of an Indian tribe.
       (24) The term ``tribal organization'' has the meaning given 
     to such term in section 4 of the Indian Self-Determination 
     and Educational Assistance Act (25 U.S.C. 450b), including 
     tribal fish and wildlife organizations.

               TITLE II--TRIBAL FISH AND WILDLIFE PROGRAMS


  Tribal Management of Indian Fish, Wildlife, and Gathering Resources

     SEC. 201. MANAGEMENT OBJECTIVES.

       (a) Consistent with provisions of the Indian Self-
     Determination and Educational Assistance Act (25 U.S.C. 450b 
     et seq.), the Secretary shall support tribal administration 
     of Indian fish and wildlife resource management activities to 
     achieve the following objectives--
       (1) to carry out the government-to-government relationship 
     between Indian tribal governments and the United States in 
     the management of Indian fish and wildlife resources;
       (2) to protect Indian hunting, fishing, and gathering 
     rights reserved by Indian tribe in treaties with the United 
     States, or guaranteed to Indian tribes by the United States 
     through statute, Executive Order or court decree;
       (3) to provide for the development and enhancement of the 
     capacities of Indian tribal governments to manage Indian fish 
     and wildlife resources;
       (4) to protect, conserve and enhance Indian fish and 
     wildlife resources that are important to the subsistence, 
     cultural enrichment, and economic development of Indian 
     communities;
       (5) to promote the development and use of Indian fish and 
     wildlife resources for the maximum benefit of Indian people, 
     by managing tribal resources in accordance with tribally-
     developed integrated resource management plans which provide 
     for the comprehensive management of all natural resources;
       (6) to selectively develop and increase production of 
     certain fish and wildlife resources;
       (7) to support the inclusion of tribal co-management or 
     cooperative activities in local, regional, national or 
     international decision-making processes and forums; and
       (8) to develop and increase the production of fish, 
     wildlife and gathering resources so as to better meet tribal 
     subsistence, ceremonial, recreational and commercial needs.
       (b) Management Program.--
       (1) In order to achieve the objectives set forth in 
     subsection (a), the Secretary, in full consultation with 
     Indian tribal governments and tribal organizations, shall 
     establish the Tribal Fish and Wildlife Resource Management 
     Program which shall be administered consistent with the 
     provisions of the Indian Self-Determination and Educational 
     Assistance Act (25 U.S.C. 450b et seq.);
       (2) The Secretary shall promote tribal management of tribal 
     fish, wildlife, trapping and gathering resources, and 
     implementation of this Act, through contracts, cooperative 
     agreements, or grants under the Indian Self-Determination and 
     Educational Assistance Act (25 U.S.C. 450b et seq.), or other 
     Federal laws;
       (3) Upon the request of an Indian tribal government or 
     tribal organization, the Secretary shall enter into a 
     contract, cooperative agreement, or a grant under the Indian 
     Self-Determination and Educational Assistance Act with the 
     tribal government or tribal organization to plan, conduct, or 
     administer any program of the Department of the Interior, or 
     portion thereof, which affects tribal fish and wildlife 
     resources and which is currently administered by the 
     Secretary without regard to the agency or office of the 
     Department of the Interior or the organizational level within 
     the Department.
       (4) Upon the request of an Indian tribal government or 
     tribal organization, the Secretary shall enter into a 
     cooperative agreement with the tribal government or tribal 
     organization to address management issues affecting tribal 
     fish and wildlife resources.
       (c) Management Activities.--Tribal fish and wildlife 
     resource management activities carried out under the program 
     established in subsection (b) may include, but shall not be 
     limited to--
       (1) the conduct of fish and wildlife population and life 
     history investigations, habitat investigations, habitat 
     mitigation, enhancement, rehabilitation and restoration 
     projects and programs, harvest management, and use studies;
       (2) the development and implementation of integrated 
     resource management plans for tribal lands or regional 
     resource management areas, surveys, and inventories;
       (3) fish production and hatchery management;
       (4) the development, implementation, and enforcement of 
     tribal fish and wildlife codes, ordinances, and regulations;
       (5) the development of tribal conservation programs, 
     including employment and training of tribal conservation 
     enforcement officers;
       (6) judicial services;
       (7) public use and information management and general 
     administration; and
       (8) participation in joint or cooperative management office 
     and wildlife resources on a regional basis with Federal, 
     State, tribal, and local or international authorities.
       (d) Survey and Report.--
       (1) Upon the request of an Indian tribal government, the 
     Secretary shall cause to be conducted a survey for the 
     reservation of that tribal government, which shall include 
     but not be limited to--
       (A) a review of existing tribal codes, ordinances, and 
     regulations governing the management office and wildlife 
     resources;
       (B) an assessment of the need to update and revise tribal 
     codes, ordinances, and regulations governing tribal fish and 
     wildlife resource protection and use;
       (C) a determination and documentation of the needs for 
     tribal conservation officers, tribal fisheries and wildlife 
     biologists, and other professionals to administer tribal fish 
     and wildlife resources management programs;
       (D) an assessment of the need to provide training to and 
     develop curricula for tribal fish and wildlife resource 
     personnel, including tribal conservation officers, tribal 
     fisheries and wildlife biologists, and other professionals to 
     administer tribal fish and wildlife resource management 
     programs;
       (E) an assessment of the need for training of Federal 
     agency staff in matters pertaining to Federal-tribal 
     relations and the significance of fish and wildlife to tribal 
     communities;
       (F) an assessment of the effects of Federal resource 
     management activities on tribal fish and wildlife resources; 
     and
       (G) a determination and documentation of the condition of 
     tribal fish and wildlife resources.
       (2) The Secretary is authorized to enter into contracts or 
     provide grants to Indian tribal governments or tribal 
     organizations under the authority of the Indian Self-
     Determination and Educational Assistance Act for the purpose 
     of carrying out the survey.
       (3) Within one year of the date of enactment of this Act, 
     the Secretary shall submit to the Congress a report on the 
     results of the survey conducted under the authority of 
     subsection (1) of this section.
       (e) Tribal Fish and Wildlife Resource Management Plans.--
       (1) In order to fulfill the management objectives set forth 
     in subsection (a), a tribal fish and wildlife resource 
     management plan shall be developed and implemented in the 
     following manner--
       (A) pursuant to a self-determination contract or self-
     governance compact under the authority of the Indian Self-
     Determination and Education Assistance Act, an Indian tribal 
     government may develop or implement a tribal fish and 
     wildlife management plan.
       (B) Subject to the provisions of subparagraph (C), the 
     tribal government shall have broad discretion in designing 
     and carrying out the planning process.
       (C) If a tribal government elects not to contract for the 
     development or implementation of a tribal fish and wildlife 
     management plan, the Secretary shall develop and implement 
     the plan in consultation with the affected tribal government.
       (D) Whether developed directly by the tribal government or 
     by the Secretary, the plan shall--
       (i) determine the condition of fish and wildlife resources 
     and habitat conditions;
       (ii) identify specific tribal fish and wildlife resources 
     goals and objectives;
       (iii) establish management objectives for fish and wildlife 
     resources;
       (iv) define critical values of the tribal government and 
     its members and provide for comprehensive management 
     objectives;
       (v) be developed through public meetings;
       (vi) use the public meeting records, existing survey 
     documents, reports, and other research from Federal agencies 
     and tribal colleges, state or community colleges, or other 
     tribal education or research institutions; and

[[Page 6792]]

       (vii) be completed within three years of the initiation of 
     activity to establish the plan.
       (2) Tribal fish and wildlife management plans developed and 
     approved under this section shall govern the management and 
     administration of tribal fish and wildlife resources by the 
     Bureau of Indian Affairs and the Indian tribal government.
       (f) Tribal Management in Regional Resource Management 
     Areas.--
       (1) Review.--To achieve the objectives set forth in section 
     210(a), the Secretary and the Secretaries of Commerce and 
     Agriculture shall review existing programs involving the 
     multi-jurisdictional management of fish, wildlife and 
     gathering resources in regional resource management areas, 
     for the purpose of determining the need for Indian 
     representation, program adequacy and staffing needs to 
     appropriately represent the interests of member tribes.
       (2) Contracts or grants.--The Secretary is authorized to 
     enter into contracts or provide grants to Indian tribal 
     governments or tribal organizations under the authority of 
     the Indian Self-Determination and Educational Assistance Act 
     for the purpose of completing this review.
       (3) Report.--Within one year of the date of enactment of 
     this Act, the Secretary, in consultation with the Secretaries 
     of Commerce and Agriculture, shall submit a report to the 
     Congress based upon the review conducted under subsection (1) 
     of this section assessing fish and wildlife program adequacy 
     and staff needs, and the condition of fish and wildlife 
     resources in regional resource management areas.
       (g) Assistance.--The Secretary is authorized to provide 
     financial and technical assistance to enable Indian tribal 
     governments to--
       (1) update and revise tribal codes, ordinances, and 
     regulations governing tribal fish and wildlife resource 
     protection and use;
       (2) employ tribal conservation officers, tribal fisheries 
     and wildlife biologists, and other professionals to 
     administer Indian fish and wildlife resource management 
     programs;
       (3) providing training for tribal fish and wildlife 
     resource personnel including tribal conservation officers 
     under a curriculum that incorporates law enforcement, fish 
     and wildlife conservation, identification and resource 
     management principles and techniques; and
       (4) enable tribal governments and tribal conservation 
     agencies to enter into cooperative law enforcement 
     agreements, which may include provisions for additional 
     training and cross-deputization of tribal law enforcement 
     staff, with local, state and Federal jurisdiction for the 
     enforcement of laws and regulations pertaining to fish and 
     wildlife resources.
       (h) Federal Activities.--
       (1) Consultation and coordination.--In conducting 
     management activities under their respective authorities, the 
     Secretary, in coordination with the Secretaries of Commerce 
     and Agriculture, shall--
       (A) consult with and seek the participation of Indian 
     tribal governments on matters affecting tribal fish and 
     wildlife resources in a manner consistent with the United 
     States' trust responsibility and the government-to-government 
     relationship between Indian tribal governments and the United 
     States;
       (B) ensure that Federal agency staff are adequately trained 
     in issues pertaining to impacts of agency actions on tribal 
     fish and wildlife resources;
       (C) investigate opportunities for Indian tribal governments 
     to perform land management activities on Federal land which 
     affect tribal fish and wildlife resources;
       (D) develop a formal, written assessment of how Federal 
     resource management activities are affecting tribal use of 
     and access to tribal fish and wildlife resources;
       (E) include rights reserved by tribal governments in 
     treaties with the United States in assessments of 
     environmental baselines.
       (2) Protection of information.--Notwithstanding any other 
     provision of law, the Secretary shall not disclose, nor cause 
     the disclosure of any information conveyed to an agency under 
     the Secretary's administrative responsibilities pursuant to 
     this Act to any person, party, or entity, including other 
     Federal agencies, that is made available to the Secretary by 
     an Indian tribal government or a member of an Indian tribe 
     and which is--
       (A) related to the administration of the United States' 
     trust responsibility for Indian lands and resources; and
       (B) declared by the tribal government or individual member 
     of an Indian tribe to be culturally-sensitive, proprietary, 
     or in any manner confidential.
       (3) Fees and access.--Upon the request of an Indian tribal 
     government, the Secretary and the Secretary of Agriculture 
     are authorized to--
       (A) provide fish and wildlife resources to an Indian tribal 
     government from Federal lands administered by agencies under 
     their respective administrative responsibility without permit 
     or charge to the Indian tribe having an historical 
     relationship to such lands, so long as--
       (i) an agreement is entered into between the Indian tribal 
     government and the Secretary or Secretary of Agriculture 
     which contains sufficient information and conditions 
     regarding the location, quantity, timing, and methods 
     associated with the provision of fish and wildlife resources 
     to ensure compatibility with applicable agency management 
     plans; and
       (ii) the request does not adversely affect the ability of 
     the agency to carry out its responsibilities under the 
     applicable management plan;
       (B) provide access to Federal lands under their respective 
     administrative responsibility for tribal traditional cultural 
     or customary purposes without permit or fee;
       (C) temporarily close to general public use, one or more 
     specific portions of Federal lands under their respective 
     administrative responsibility in order to protect the privacy 
     of the activities referenced in subsection (B), provided that 
     any such closure shall be limited to the smallest practicable 
     area for the minimum period necessary in a manner consistent 
     with the purpose and intent of the American Indian Religious 
     Freedom Act (42 U.S.C. 1996);
       (4) Effect on existing rights.--Nothing in this section 
     shall be construed to limit, modify, or amend existing rights 
     of any Indian tribal government under treaty, statute or 
     other agreement to access and use fish and wildlife 
     resources.

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

       (a) Cooperative Research and Training Program.--
       (1) The Secretary, the Secretary of Agriculture, the 
     Secretary of Commerce, or other Federal agencies as 
     appropriate, are authorized to enter into cooperative 
     agreements with colleges and universities, tribal community 
     colleges, Indian tribal governments and tribal organizations, 
     and with nonprofit organizations, for the establishment of 
     cooperative research and training units.
       (2) In order to facilitate the full development of research 
     and training units and to support the educational objectives 
     of this title, the Secretary, and the Secretaries of 
     Agriculture and Commerce, as well as other Federal agencies, 
     shall--
       (A) assign appropriate scientific personnel to serve at the 
     cooperative unit, through the agreement of the cooperating 
     parties;
       (B) apply Indian preference in hiring policies;
       (C) provide financial assistance, including reasonable 
     compensation, for the work of researchers on fish and 
     wildlife ecology and resource management projects funded 
     under this Act or other authorizing legislation;
       (D) supply equipment for the use of cooperative unit 
     operations;
       (E) provide for the incidental expenses of Federal 
     personnel and employees of cooperating tribal governments and 
     tribal organizations associated with cooperative units; and
       (F) integrate cooperative research unit programs with the 
     training and educational opportunities and programs of Indian 
     community colleges to the greatest extent possible.
       (b) Scholarship Program.--
       (1) The Secretary is authorized to provide natural resource 
     management scholarships to Indians enrolled as full-time 
     students in accredited programs for post-secondary and 
     graduate natural resource management related fields of study;
       (2) A natural resource management scholarship recipient 
     shall be required to enter into an obligated service 
     agreement in which the recipient agrees to accept employment, 
     following the completion of the recipient's course of study, 
     with an Indian tribal government, a tribal organization, the 
     Bureau of Indian Affairs, or the U.S. Fish and Wildlife 
     Service for one year for each year the recipient receives 
     scholarship assistance.
       (3) The Secretary shall not deny scholarship assistance 
     under this subsection solely on the basis of an applicant's 
     scholastic achievement if the applicant has been admitted to 
     and remains in good standing in an accredited post-secondary 
     or graduate institution.
       (c) Fish and Wildlife Education Outreach.--The Secretary 
     shall conduct, with the full and active participation of 
     Indian tribal governments, a natural resource education 
     outreach program to explain and stimulate interest in all 
     aspects of tribal natural resource management and to generate 
     interest in natural resource management careers, such as 
     fisheries or wildlife biologists or in natural resource 
     management.
       (d) Postgraduate Recruitment.--The Secretary shall 
     establish and maintain a program to attract professional 
     Indian fish and wildlife biologists, as well as professionals 
     in other natural resource management fields, who have 
     graduated from post-secondary institutions or graduate 
     schools for employment by Indian tribal governments, tribal 
     organizations, the Bureau of Indian Affairs, or the U.S. Fish 
     and Wildlife Service, in exchange for the Secretary's 
     assumption of all or a portion of the professional's 
     outstanding educational loans, depending upon the period of 
     employment.
       (e) Fish and Wildlife Biologist Intern Program.--
       (1) The Secretary shall, with the full and active 
     participation of Indian tribal governments, establish a Fish 
     and Wildlife Resources Intern Program for at least 20 Indian 
     fish and wildlife resources intern positions.
       (A) Intern positions shall be in addition to the forester 
     intern positions authorized in

[[Page 6793]]

     section 314(a) of the National Indian Forest Resources 
     Management Act (25 U.S.C. 3113(a)).
       (B) Individuals selected to participate in the intern 
     program shall be enrolled full-time in approved post-
     secondary institutions or graduate schools in curricula 
     leading to advanced degrees in natural resource management-
     related fields.
       (C) The Secretary shall pay all costs of tuition, books, 
     fees, and living expenses incurred by Indian interns in 
     natural resource management programs-while attending approved 
     study programs.
       (D) An Indian fish and wildlife resources intern shall be 
     required to entered into an obligated service agreement to 
     served in a professional fish or wildlife resources 
     management-related capacity with an Indian tribal government, 
     a tribal organization, the Bureau of Indian Affairs, or a 
     U.S. Fish and Wildlife Service program serving tribal fish 
     and wildlife resources management objectives, for one year 
     for each year of education for which the Secretary assumes 
     the intern's educational costs under subsection (2).
       (E) An Indian fish and wildlife resources intern shall be 
     required to report for service to the employing entity during 
     any break in the intern's course of study of more than 3 
     weeks duration. Time spent in such service shall be counted 
     toward satisfaction of the intern's obligated service.
       (f) Cooperative Education Program.--
       (1) The Secretary shall maintain a cooperative education 
     program for the purpose of recruiting promising Indian 
     students who are enrolled in secondary schools, tribal 
     colleges, community colleges, and other postsecondary 
     institutions or graduate schools for employment as 
     professional fisheries or wildlife biologists or other 
     resource management related professional positions with an 
     Indian tribal government, a tribal organization, the Bureau 
     of Indian Affairs, or with the U.S. Fish and Wildlife Service 
     serving or benefitting Indian lands.
       (2) The Secretary shall pay all costs for tuition, books, 
     and fees of an Indian student who is enrolled in a course of 
     study at an educational institution with which the Secretary 
     has entered into a cooperative agreement, and who is 
     interested in pursuing a career with an Indian tribal 
     government, tribal organization, the Bureau of Indian 
     Affairs, or the U.S. Fish and Wildlife Service serving or 
     benefitting Indian lands.
       (3) Financial need shall not be a requirement to receive 
     assistance under the program authorized in paragraph (1).
       (4) A recipient of assistance under the program authorized 
     in paragraph (1) shall be required to enter into an obligated 
     service agreement to serve as professional fish or wildlife 
     biologist or other resource management related professional 
     with an Indian tribal government, a tribal organization, the 
     Bureau of Indian Affairs, or the U.S. Fish and Wildlife 
     Service, for one year for each year that the Secretary 
     assumes the recipient's educational costs pursuant to 
     paragraph (2).
       (g) Public Education Regarding Tribal Fish and Wildlife 
     Resources.--
       (1) The Secretary is authorized to establish within the 
     Secretary's office the position of Tribal Education 
     Coordinator to--
       (A) enhance communications between Indian tribal 
     governments and the United States relating to the management 
     of tribal fish and wildlife resources or the role of tribal 
     governments in the co-management of fish and wildlife 
     resources;
       (B) implement a program to educate the public about the 
     sovereign status of Indian tribal governments and the rights 
     reserved by tribal governments in treaties with the United 
     States, as well as the benefits of constructive relations 
     among tribal governments, state and local governments, and 
     Federal agencies;
       (2) The responsibilities and duties of the Tribal Education 
     Coordinator shall include--
       (A) the development of an educational program for local and 
     state governments and Federal agencies regarding the United 
     States' obligations to support and implement treaties, 
     statutes, executive orders and court decrees related to the 
     management of fish and wildlife resources;
       (B) encouraging Federal agencies and state governments to 
     establish and pursue cooperative and collaborative 
     government-to-government relationships with Indian tribal 
     governments in the management of natural resources; and
       (C) providing reports to the Committee on Indian Affairs of 
     the U.S. Senate and the Committee on Resources of the U.S. 
     House of Representatives by September 30th of each year on 
     the progress of the Tribal Education Coordinator in carrying 
     out these activities.
       (h) Adequacy of Programs.--The Secretary shall provide 
     administrative oversight of the programs described in this 
     section until a sufficient number of Indian personnel are 
     available to administer tribal fish and wildlife resource 
     management programs on tribal lands and resource management 
     areas.
       (i) Obligated Service; Breach of Contract.--
       (1) Obligated service.--Where an individual enters into an 
     agreement for obligated service in return for financial 
     assistance under any provision of this section, the Secretary 
     shall promulgate such regulations as are necessary to provide 
     for an offer of employment to the recipient of such 
     assistance as required by such provision. Where an offer of 
     employment is not reasonably made, the regulations shall 
     provide that such service shall no longer be required.
       (2) Breach of contract.--Where an individual fails to 
     accept a reasonable offer of employment in fulfillment of 
     such obligated service or unreasonably terminates or fails to 
     perform the duties of such employment, the Secretary shall 
     require a repayment of the financial assistance provided to 
     the individual by the Secretary, pro rated for the amount of 
     time of obligated service that was performed, together with 
     interest on such amount which would be payable if at the time 
     the amounts were paid, they were loans bearing interest at 
     the maximum legal prevailing rate, as determined by the 
     Secretary of the Treasury.

     SEC. 203. TRIBAL FISH HATCHERY ASSISTANCE PROGRAM.

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

          TITLE III--ALASKA NATIVE FISH AND WILDLIFE PROGRAMS

     SEC. 301. DEFINITIONS.

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

[[Page 6794]]



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

       (a) Management Objectives.--Consistent with provisions of 
     the Indian Self-Determination and Educational Assistance Act 
     (25 U.S.C. 450b et seq.), the Secretary shall support tribal 
     administration of Indian fish and wildlife resource 
     management activities to achieve the following objectives:
       (1) to carry out the government-to-government relationship 
     between Indian tribal governments and the United States in 
     the management of Indian fish and wildlife resources;
       (2) to provide for the development and enhancement of the 
     capacity of Indian tribal governments to participate in 
     management of Indian fish and wildlife resources;
       (3) to protect, conserve and enhance Indian fish and 
     wildlife resources;
       (4) to promote the development and use of Indian fish and 
     wildlife resources for the maximum benefit of Alaska Native 
     people, by managing Indian fish and wildlife resources in 
     accordance with tribally-developed integrated resource 
     management plans which provide for the cooperative management 
     of all natural resources within tribal lands;
       (5) to selectively develop and increase production of 
     certain Indian fish and wildlife resources;
       (6) to support the inclusion of Alaska Native tribal co-
     management or cooperative activities in local, regional, 
     state, national or international decision-making processes 
     and forums; and
       (7) to develop and increase the production of fish, 
     wildlife and gathering resources so as to better meet Alaska 
     Native subsistence, ceremonial, recreational and commercial 
     needs.
       (b) Management Program.--
       (1) In order to achieve the objectives set forth in 
     subsection (a), the Secretary, in full consultation with 
     Indian tribal governments and Alaska Native fish and wildlife 
     organizations, shall establish the Alaska Native Fish and 
     Wildlife Resource Management Program which shall be 
     administered consistent with the provisions of the Indian 
     Self-Determination and Educational Assistance Act (25 U.S.C. 
     450b et seq.);
       (2) The Secretary shall promote meaningful Indian tribal 
     government involvement in the management of Indian fish and 
     wildlife resources, and implementation of this Act, through 
     contracts, compacts, cooperative agreements, or grants under 
     the Indian Self-Determination and Educational Assistance Act 
     (25 U.S.C. 450b et seq.), or other Federal laws;
       (3) Upon the request of an Indian tribal government or 
     Alaska Native fish and wildlife organization, the Secretary 
     shall enter into a contract, compact, cooperative agreement, 
     or a grant under the Indian Self-Determination and 
     Educational Assistance Act with the Indian tribal government 
     or Alaska Native fish and wildlife organization to plan, 
     conduct, or administer any program of the Department of the 
     Interior, or portion thereof, which affects Indian fish and 
     wildlife resources, and which is currently administered by 
     the Secretary without regard to the agency or office of the 
     Department of the Interior or the organizational level within 
     the Department.
       (4) Upon the request of an Indian tribal government or 
     Alaska Native fish and wildlife organization, the Secretary 
     shall enter into a cooperative agreement with the tribal 
     government or Alaska Native fish and wildlife organization to 
     address management issues affecting Indian fish and wildlife 
     resources.
       (c) Management Activities.--Indian fish and wildlife 
     resource management activities carried out under the program 
     established in subsection (b) may include, but shall not be 
     limited to:
       (1) the conduct of fish and wildlife population and life 
     history investigations, habitat investigations, habitat 
     mitigation, enhancement, rehabilitation and restoration 
     projects and programs, harvest management, and use studies;
       (2) the development and implementation of integrated 
     resource management plans for tribal lands or traditional use 
     areas,
       (3) fish and other aquatic species production and hatchery 
     management;
       (4) the development, implementation, and enforcement of 
     Indian tribal government fish and wildlife codes, ordinances, 
     and regulations;
       (5) the development of Indian tribal government 
     conservation programs, including employment and training of 
     tribal conservation enforcement officers;
       (6) judicial services;
       (7) public use and information management and general 
     administration; and
       (8) participation in joint or cooperative management of 
     fish and wildlife resources on a regional basis with Federal, 
     State, tribal, and local or international authorities.
       (d) Survey and Report.--
       (1) Upon the request of an Indian tribal government, the 
     Secretary shall cause to be conducted a survey of the 
     traditional use area of that tribal government, which shall 
     include but not be limited to:
       (A) a review of existing Indian tribal government codes, 
     ordinances, and regulations governing their members and 
     others in relation to the management of Indian fish and 
     wildlife resources;
       (B) an assessment of the need to update and revise Indian 
     tribal government codes, ordinances, and regulations 
     governing Indian fish and wildlife resource protection and 
     use;
       (C) a determination and documentation of the needs for 
     tribal conservation officers, tribal fisheries and wildlife 
     biologists, tribal fisheries and wildlife technicians, and 
     other professionals to administer and implement Indian fish 
     and wildlife resources management programs;
       (D) an assessment of the need to provide training to and 
     develop curricula for tribal fish and wildlife resource 
     personnel, including tribal conservation officers, tribal 
     fisheries and wildlife biologists, tribal fisheries and 
     wildlife technicians, and other professionals to administer 
     and implement tribal fish and wildlife resource management 
     programs. Such curricula shall include the incorporation of 
     traditional ecological knowledge as well as the traditional;
       (E) an assessment of the need for training of Federal 
     agency staff in matters pertaining to the relations between 
     the United States and Indian tribes and the significance of 
     Indian fish and wildlife to Native villages;
       (F) an assessment of the effects of Federal and state 
     resource management activities on Indian fish, and wildlife 
     resources; and
       (G) a determination and documentation of the condition of 
     those Indian fish and wildlife resources.
       (2) The Secretary is authorized to enter into contracts, 
     compacts, or provide grants to Indian tribal governments or 
     Alaska Native fish and wildlife organizations under the 
     authority of the Indian Self-Determination and Educational 
     Assistance Act for the purpose of carrying out the survey.
       (3) Within one year of the date of enactment of this Act, 
     the Secretary shall submit to the Congress a report on the 
     results of the survey conducted under the authority of 
     subsection (1) of this section.
       (e) Indian Fish and Wildlife Resource Management Plans.--
       (1) In order to fulfill the management objectives set forth 
     in subsection (a), an Indian fish and wildlife resource 
     management plan shall be developed and implemented in the 
     following manner:
       (A) pursuant to a self-determination contract or self-
     governance compact under the authority of the Indian Self-
     Determination and Education Assistance Act, an Indian tribal 
     government or an Alaska Native fish and wildlife organization 
     may develop or implement an Indian fish and wildlife 
     management plan.
       (B) Subject to the provisions of subparagraph (C), the 
     Indian tribal government shall have broad discretion in 
     designing and carrying out the planning process.
       (C) If an Indian tribal government elects not to contract 
     for the development or implementation of a tribal fish and 
     wildlife management plan, the Secretary shall develop and 
     implement the plan in consultation with the affected tribal 
     government.
       (D) Whether developed directly by the tribal government or 
     by the Secretary, the plan shall--
       (i) determine the condition of Indian fish and wildlife 
     resources and habitat conditions;
       (ii) identify specific Indian fish and wildlife resources 
     goals and objectives;
       (iii) establish cooperative management objectives for 
     Indian fish and, wildlife resources;
       (iv) define critical values of the Indian tribal government 
     and its members and provide for comprehensive management 
     objectives;
       (v) be developed through a public meeting process;
       (vi) apply the public meeting records, existing survey 
     documents, reports, and other research from Federal and state 
     agencies, community colleges, or other education or research 
     institutions; and
       (vii) be completed within three years of the initiation of 
     activity to establish the plan.
       (2) A Indian fish and wildlife management plans developed 
     and approved under this section shall govern the management 
     and administration of Indian fish and wildlife resources by 
     the Bureau of Indian Affairs and the tribal government.
       (f) Tribal Management in Traditional Use Areas.--
       (1) Review.--To achieve the objectives set forth in section 
     302(a), the Secretary and the Secretaries of Commerce and 
     Agriculture shall review existing programs involving the 
     management of Indian fish and wildlife resources in the 
     traditional use areas of Indian tribal governments, for the 
     purpose of determining the need for the meaningful 
     involvement of tribal governments, program adequacy and 
     staffing needs to appropriately represent the interests of 
     tribal governments.
       (B) Contracts or grants.--The Secretary is authorized to 
     enter into contracts, compacts, or provide grants to Indian 
     tribal governments or Alaska Native fish and wildlife 
     organizations under the authority of the Indian Self-
     Determination and Educational Assistance Act for the purpose 
     of completing this review.
       (C) Report.--Within one year of the date of enactment of 
     this Act, the Secretary, in

[[Page 6795]]

     consultation with the Secretaries of Commerce and 
     Agriculture, shall submit a report to the Congress based upon 
     the review conducted under subsection (1) of this section 
     assessing fish and wildlife program adequacy and staff needs, 
     and the condition of Indian fish and wildlife resources in 
     the traditional use areas of tribal governments.
       (g) Assistance.--The Secretary is authorized to provide 
     financial and technical assistance to enable Indian tribal 
     governments to--
       (1) update and revise tribal government codes, ordinances, 
     and regulations governing Indian fish and wildlife resource 
     protection and use;
       (2) employ tribal conservation officers, tribal fisheries 
     and wildlife biologists, tribal fish and wildlife 
     technicians, and other professionals to administer and 
     implement Indian fish and wildlife resource management 
     programs;
       (3) provide training for tribal fish and wildlife resource 
     personnel including tribal conservation officers under a 
     curriculum that incorporates law enforcement, fish and 
     wildlife conservation, identification and resource management 
     principles and techniques. Such curricula shall also include 
     the incorporation of traditional ecological knowledge as well 
     as the traditional management strategies and techniques of 
     Alaska Native people; and
       (4) enable tribal governments and Alaska Native fish and 
     wildlife organizations to enter into cooperative law 
     enforcement agreements, which may include provisions for 
     additional training and cross-deputization of tribal law 
     enforcement staff, with local, state and Federal jurisdiction 
     for the enforcement of laws and regulations pertaining to 
     Indian fish and wildlife resources.
       (h) Federal Activities.--
       (1) Consultation and coordination.--In conducting 
     management activities under their respective authorities, the 
     Secretary, in coordination with the Secretaries of Commerce 
     and Agriculture, shall--
       (A) consult with and seek the participation of Indian 
     tribal governments on all matters affecting Indian fish and 
     wildlife resources in a manner consistent with the United 
     States' trust responsibility,
       (B) ensure that Federal agency staff are adequately trained 
     in issues pertaining to impacts of agency actions on Indian 
     fish and wildlife resources;
       (C) investigate opportunities for Indian tribal governments 
     to perform cooperative land management activities on Federal 
     and other lands that affect Indian fish and wildlife 
     resources;
       (D) develop a formal, written assessment of how Federal 
     resource management activities are affecting tribal use of 
     and access to Indian fish and wildlife resources and the 
     traditional use areas of Indian tribal governments;
       (2) Protection of information.--Notwithstanding any other 
     provision of law, the Secretary shall not disclose, nor cause 
     the disclosure of any information conveyed to an agency under 
     the Secretary's administrative responsibilities pursuant to 
     this Act to any person, party, or entity, including other 
     Federal agencies, that is made available to the Secretary by 
     an Indian tribal government or a member of an Indian tribe 
     and which is--
       (A) related to the administration of the United States' 
     trust responsibility for Indian lands and resources; and
       (B) declared by the tribal government or individual member 
     of an Indian tribe to be culturally-sensitive, proprietary, 
     or in any manner confidential.
       (3) Fees and access.--Upon the request of an Indian tribal 
     government, the Secretary and the Secretary of Agriculture 
     are authorized to--
       (A) provide fish and wildlife resources to an Indian tribal 
     government from Federal lands administered by agencies under 
     their respective administrative responsibility without permit 
     or charge to the Indian tribe having an historical, cultural, 
     or geographical relationship to such lands, so long as--
       (i) an agreement is entered into between the Indian tribal 
     government and the Secretary or Secretary of Agriculture 
     which contains sufficient information and conditions 
     regarding the location, quantity, timing, and methods 
     associated with the provision of Indian fish and wildlife 
     resources to ensure compatibility with applicable agency 
     management plans; and
       (ii) the request does not adversely affect the ability of 
     the agency to carry out its responsibilities under the 
     applicable management plan;
       (B) provide access to Federal lands under their respective 
     administrative responsibility for tribal traditional cultural 
     or customary purposes without permit or fee;
       (C) temporarily close to general public use, one or more 
     specific portions of Federal lands under their respective 
     administrative responsibility in order to protect the privacy 
     of the activities referenced in subsection (B), provided that 
     any such closure shall be limited to the smallest practicable 
     area for the minimum period necessary in a manner consistent 
     with the purpose and intent of the American Indian Religious 
     Freedom Act (42 U.S.C. 1996);
       (4) Effect on existing rights.--Nothing in this section 
     shall be construed to limit, modify, or amend existing rights 
     of any Indian tribal government under statute or other 
     agreement to access and use Indian fish and wildlife 
     resources.

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

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

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

     SEC. 401. ESTABLISHMENT.

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

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

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

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

                   TITLE VI--MISCELLANEOUS PROVISIONS

     SEC. 601. REGULATIONS.

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

     SEC. 602. SEVERABILITY.

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

     SEC. 603. SAVINGS.

       (a) Nothing in this Act shall be construed to--
       (1) diminish or expand the United States' trust 
     responsibility for tribal fish and wildlife resources, or any 
     legal obligation or remedy arising out of the United States' 
     trust responsibility;

[[Page 6796]]

       (2) alter, abridge, repeal, or affect any valid, existing 
     agreement between an agency of the United States and an 
     Indian tribal government;
       (3) alter, abridge, diminish, repeal, or affect the 
     reserved rights of any Indian tribal government established 
     by treaty, executive order, or other applicable laws or court 
     decrees;

               TITLE VII--AUTHORIZATION OF APPROPRIATIONS

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the purposes of this Act.
                                 ______
                                 
      By Mr. CONRAD (for himself and Mr. Brownback):
  S. 2302. A bill to improve access to physicians in medically 
underserved areas; to the Committee on the Judiciary.
  Mr. CONRAD. Mr. President, today I am joined by Senator Brownback in 
introducing important legislation aimed at ensuring that our medically 
underserved communities have access to the doctors they need. This bill 
reauthorizes the popular Conrad State 30 program for 5 years, satisfies 
the initial intent of the program to let states decide for themselves 
about how best to fulfill their health care shortage needs, and 
clarifies existing law to ensure that Conrad State 30 waivers are 
exempt from the H-1B visa cap.
  The Conrad State 30 J-1 visa waiver program has been a great asset 
over the last decade, bringing crucially-needed doctors to serve 
medically underserved areas throughout our country. Forty-nine states 
now participate in the program, accounting for 1027 doctors in 2003. 
Each of these doctors is serving patients that might otherwise not be 
served, providing valuable medical services to communities that 
otherwise might have to go without.
  Unfortunately, today's reality is that many areas of the country, 
especially rural communities, have a very difficult time recruiting 
American doctors. These health facilities have had no other choice but 
to turn to foreign medical graduates. J-1 visa waivers allow foreign 
physicians to practice in medically-underserved communities after their 
J-1 status has expired without first returning to their home countries. 
These waivers allow foreign physicians to receive nonimmigrant, H-1B 
status for three years. In order to receive the waiver, the physician 
undergoes numerous background and security checks, and must agree to 
serve a medically-underserved community for three years. If he or she 
fails to fulfill that commitment, the physician is subject to immediate 
deportation.
  Prior to the creation of the State 30 program, J-1 visa waivers 
exclusively involved finding an ``interested federal agency'' to 
coordinate the request. This was found to be a long, cumbersome, and 
bureaucratic process. By allowing states to directly participate in the 
process of obtaining waivers, the program relieves some of the burdens 
on participating Federal agencies and allows decisions regarding a 
state's health care needs to be made at the state level by the people 
who know best. Since 1994, the program has been reauthorized a number 
of times; the most recent reauthorization expires in June 2004.
  The bill Senator Brownback and I introduce today contains 3 parts. 
First and foremost, it contains a 5-year reauthorization. Five years is 
a reasonable amount of time for Congress to be able to reassess the 
physician needs of the country and to take appropriate steps in the 
course of an additional reauthorization.
  Second, consistent with the original intent of the Conrad State 30 
program to provide states flexibility, the bill would allow states to 
decide for themselves where their health care shortages are and how 
best to use their 30 spots. Currently, states can only place these 
doctors in shortage areas as designated by the Federal government. 
States, however, can and should be able to make these decisions for 
themselves. Instead of Washington, DC, telling a state where there is a 
physician shortage, a state under this bill could do so for itself.
  Third, the bill erases any ambiguity about whether Conrad State 30 
doctors are exempt from the H-1B visa cap. Through legislation in the 
106th Congress, Conrad State 30 waivers were specifically exempted from 
the H-1B visa cap. Unfortunately, there is now ambiguity about whether 
this provision still applies. Our current bill clarifies the original 
intent of this previous legislation, clearly making Conrad State 30 
doctors exempt.
  In concluding, I want to thank Senator Brownback for his help and 
support in developing this bill. Our bill is a modest one; it is 
limited and it is targeted. However, this does not diminish the 
importance of retaining and improving the Conrad State 30 program. The 
vitality of hundreds of communities and, most importantly, the health 
of thousands of patients across our country depend on it. I urge my 
colleagues to support this legislation.
                                 ______
                                 
      By Mr. EDWARDS:
       S.J. Res. 31. A joint resolution to provide for 
     Congressional disapproval of certain regulations issued by 
     the Office of the Comptroller of the Currency, in accordance 
     with section 802 of title 5, United States Code; to the 
     Committee on Banking, Housing, and Urban Affairs.
                                 ______
                                 
      By Mr. EDWARDS:
       S.J. Res. 32. A joint resolution to provide for 
     Congressional disapproval of certain regulations issued by 
     the Office of the comptroller of the Currency, in accordance 
     with section 802 of title 5, United States Code; to the 
     Committee on Banking, Housing, and Urban Affairs.
  Mr. EDWARDS. Mr. President, I rise today to introduce two joint 
resolutions to fight predatory mortgage lending. The resolutions would 
strike down the Office of the Comptroller of the Currency's recent 
regulations that put millions of families in the sights of predatory 
lenders.
  The middle class--the foundation of our country--is sinking. In the 
last generation, families have gone from saving for the future to 
borrowing just to get by. Home foreclosure rates have tripled in the 
last 25 years. This year, more middle-class children will see their 
parents declare bankruptcy than will see their parents get divorced.
  Working families are vulnerable. They cannot save because they must 
spend more for housing, health care, child care, and college tuition. 
These expenses are not luxuries. They are the necessities. Without 
savings, a bump in the road--a lost job or sudden illness--could become 
the end of the road.
  There is a lot of work to be done to help families get ahead and 
build a secure future. The legislation I am introducing today deals 
with just one aspect of the problem, but it is an important one: the 
fight against predatory mortgage lenders.
  There are mortgage companies that cheat people, plain and simple. 
Excessive fees leave families on a treadmill, forcing them to make 
large mortgage payments while draining the wealth they have saved in 
their home. Many families lose their home altogether. All told, 
predatory lending costs homeowners an estimated $9 billion a year.
  I am proud that my State of North Carolina is a leader in fighting 
predatory lending. The strong law it passed in 1999 is saving consumers 
$100 million a year, while mortgage credit remains widely available.
  Unfortunately, the Federal Government is not doing as well. In fact, 
we are losing ground. In January, the Office of the Comptroller of the 
Currency in the U.S. Department of the Treasury issued new regulations 
exempting national banks--which hold more than half of bank assets--
from State predatory lending laws.
  Strong consumer protection laws have been States' responsibility for 
more than a century. The new rules ignore that tradition, which has 
served our country well, to create a safe haven for predatory lenders 
in national banking law. They also create an incentive for State-
chartered banks to escape tough laws by converting to national banks.
  The resolutions that I am introducing today would strike down the OCC 
rules that preempt State law. It would restore States' ability to 
enforce their predatory lending laws within their boundaries and 
protect their homeowners against abusive loans.
  These protections are badly needed. About half of subprime borrowers 
are paying extra interest and fees, when they qualify for better rates. 
That's

[[Page 6797]]

hundreds of thousands of Americans who are each paying thousands of 
dollars more than they should for their homes. Even worse, some 
families see their loans refinanced again and again, their equity 
diminished time and again, until one day they lose their home.
  It is offensive, but predatory lenders target African-American and 
other minority communities. If you are an upper-income African-American 
family, you are twice as likely to get a subprime loan than a lower-
income white family is. Think about that: even though you are doing 
better, you get a worse loan if you are African-American.
  That is dead wrong. We need a strong national law to fight predatory 
lending. We don't need a prohibition of the strong State laws now on 
the books with weak national rules. I urge my colleagues to support 
these resolutions.
  I ask unanimous consent that the text of the resolutions be printed 
in the Record.
  There being no objection, the joint resolutions were ordered to be 
printed in the Record, as follows:

                              S.J. Res. 31

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

                              S.J. Res. 32

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

                          ____________________