Volume 149, No. 123 covering the 1st Session of the 108th Congress (2003 - 2004) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the Environmental Protection Agency was published in the Senate section on pages S11247-S11254 on Sept. 9, 2003.
The publication is reproduced in full below:
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. REID (for himself and Mr. Ensign):
S. 1593. A bill to amend the Head Start Act to improve provisions relating to updating population data; to the Committee on Health, Education, Labor, and Pensions.
Mr. REID. Mr. President, it's been more than a year and a half since the No Child Left Behind Act became law. By passing that bill into law, we reaffirmed our commitment to provide every American child with a quality education.
The education of our children must be one of our top priorities, because they are the future of this country. We have to give them the tools they need to succeed.
Unfortunately, the fight against terrorism and the war in Iraq have driven education off the national agenda. This is especially disappointing now because public schools across the Nation are in jeopardy as States struggle to close unprecedented budget deficits. At a time when NCLB is imposing new unfunded mandates on States and local governments, schools have watched helplessly as their budgets have been slashed. Many of these schools are located in poor and rural areas, where the achievement gap is widest. These schools simply don't have the resources they need to do their job, and children are being left behind as a result.
Some States, including Nevada, face an additional problem. These States have extremely high rates of population growth, and as a result they find themselves in a never-ending race to fund the growing demand for education. The formulas that allocate Federal education dollars usually don't factor high growth rates into their calculations. So, schools in these States find their backs against the wall even in the best fiscal conditions. You can imagine how precarious their situation is in a time of record federal and state budget deficits.
I mentioned my State, Nevada. The condition of its public schools is, in many ways, quite dismal. Nevada has one of the highest high school dropout rates in the country and one of the lowest high school graduation rates. It is near the bottom in performance on national reading, writing, and math tests. Per-pupil, Nevada spends less money on its students than all but five other States. I could cite many other statistics, but you get the picture--and it isn't pretty.
There is no magic fix for the problems facing schools in Nevada, or any other state. And because schools are primarily the responsibility of individual states, there is only so much the federal government can do to help. But I believe Nevada's problems stem in part from the fact that its high growth rate prevents it from receiving its fair share of Federal education funding. Nevada is the fastest growing State in the Nation by a wide margin. Its schools struggle each year to make room for new students. Despite all this, Nevada is dead last in Federal per-
pupil education funding. And I want to reiterate that this problem is not unique to Nevada--schools in other states also face budget strains as a result of high population growth rates.
These States deserve their fair share of federal education dollars. It is an issue of fundamental fairness. I hope that we will address this problem in a comprehensive manner the next time we revisit NCLB. In the meantime, however, we should take this opportunity to correct a similar flaw in the way we fund Head Start.
Throughout its 38-year history, Head Start has helped put millions of at-risk children on the path to success by giving them the social and academic skills they need to succeed in elementary school. It is a textbook example of a Federal program that has worked.
Consider some of the statistics. At-risk children who participate in a quality early childhood education program are 33 percent more likely to graduate from high school, and 25 percent less likely to repeat a grade. Since a year of public education for one student costs approximately $5,900, it is safe to say that Head Start has saved taxpayers millions of dollars.
Young women who participated in a quality early childhood education program have 33 percent fewer children out of wedlock, and are 25 percent less likely to become teen mothers. Every dollar we invest in Head Start translates into four dollars of benefits for at-risk children, their families, and American taxpayers.
So as you can see, Head Start is a critical component of public education in this country. Its holistic approach also addresses many of the underlying causes of poor academic performance by providing medical services and guidance for parents of at-risk children.
But State budget crises have placed Head Start programs under siege along with all other aspects of public education--and programs in high-
growth states are among the hardest hit. Nevada has seven centralized Head Start agencies that administer almost 50 Head Start programs throughout the State. At current funding levels, these programs serve approximately 2,500 at-risk children not nearly as many as they could serve with adequate resources.
We need to do everything in our power to help Head Start programs meet demand, because better-prepared students make elementary and secondary schools more effective. And because Head Start is a partnership between the Federal Government and States, Congress has the power to make a real difference on this issue.
That is why I am today introducing the High Growth Head Start Assistance Act. It will reward high-growth States, such as Nevada, for their commitment to Head Start by ensuring that programs in their state receive their fair share of Federal funds.
Congresswoman Berkley has introduced a similar bill in the House of Representatives, and I applaud her leadership on this issue.
This bill will make a difference in the lives of thousands of at-risk children in Nevada and across the Nation. It is a matter of fundamental fairness. Most important, it represents a small but significant step toward fulfilling the promise we made a year and a half ago--a promise to leave no child behind.
I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the Record, as follows:
S. 1593
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. UPDATING POPULATION DATA.
Section 640(a)(4) of the Head Start Act (42 U.S.C. 9835(a)(4)) is amended in the flush matter following subparagraph (B)--
(1) by striking ``shall use the most recent data available'' and inserting ``shall use data that is not more than 2 years old''; and
(2) by striking ``use of the most recent data available'' and inserting ``such data''.
______
By Mrs. FEINSTEIN (for herself, Mr. Daschle, Mr. Dodd, Mr.
Lieberman, Mr. Johnson, Mr. Bingaman, Mrs. Lincoln, Mr.
Feingold, Mr. Lautenberg, Mr. Leahy, and Mr. Durbin):
S. 1594. A bill to require a report on reconstruction efforts in Iraq; to the Committee on Foreign Relations.
Mrs. FEINSTEIN. Mr. President, I rise today with Senators Daschle, Dodd, Lieberman, Bingaman, Johnson, Feingold and Lincoln to introduce legislation to require the President to report to Congress on his vision for a democratic, economically viable, and politically stable Iraq, his plan for achieving those goals, and an estimate on how much this is going to cost.
After months of dodging questions, giving half-answers, and ignoring Congressional requests, the time has come for this Administration to level with the American people and Congress and spell-out its plan for rebuilding a country torn apart by years of dictatorial rule, ethnic strife, war, and terror.
Our legislation requires the President within 60 days of the enactment of this act to report to Congress on: the current economic, political, and military situation in Iraq including the number, type and location of attacks on U.S. and Coalition military and civilian personnel in the previous 60 days; a discussion of the measures taken to protect U.S. troops serving in Iraq; a detailed plan for the establishment of civil, economic and political security in Iraq, including the restoration of basic services such as water and electricity and the construction of schools, roads, and medical clinics in Iraq; the current and projected monetary costs incurred by the United States, by Iraq, and by the international community; actions taken and to be taken by the Administration to secure increased international participation in peacekeeping forces and in the economic and political reconstruction of Iraq; a detailed time-frame and specific steps to be taken for the restoration of self-government to the Iraqi people; cost estimates for achieving those goals; and U.S. and international military personnel requirements for achieving those goals.
I am pleased that, as Secretary of State Colin Powell announced last week, the Administration has finally decided to seek an additional United Nations Security Council Resolution authorizing increased U.N. participation in multinational peacekeeping forces and the political and economic reconstruction of Iraq.
Nevertheless, President Bush waited far too long to seek additional help and, as a result, we will face an ever greater challenge in rebuilding Iraq in the months and years ahead. And this past Sunday, President Bush announced his intention to seek an additional $87 billion to fund reconstruction efforts and military and intelligence operations in Iraq and Afghanistan.
What we need now is a plan on how to rebuild Iraq, an estimate on how much it is going to cost, what personnel, both military and civilian, U.S. and international, will be needed, and what the end game will look like.
Our troops, along with our British and Australian allies, performed brilliantly in executing Operation Iraqi Freedom. Their unmatched skill, bravery, and professionalism made us all proud. They overthrew a tyrannical regime in three weeks and, for the first time in over thirty years, brought hope to millions of Iraqis. We owe them a tremendous debt of gratitude.
But I believe United States troops assumed too great a burden in terms of manpower and exposure to risk, and will be forced to remain in Iraq longer than expected and at a higher financial cost.
Let us look at the facts.
Sixty-seven Americans have died in hostile action since the President declared an end to major combat operations on May 1, 2003. In total, 286 U.S. troops have died in Iraq, 146 since May 1.
One hundred and thirty-nine thousand U.S. troops are currently serving in Iraq, comprising 85 percent of coalition forces.
Four car bombings in the past month have killed 121 people, including the UN's top envoy to Iraq, Sergio Vieira de Mello.
Earlier this year, Secretary of Defense Donald Rumsfeld stated that the United States is spending approximately $4 billion a month in Iraq and, given the President's statement Sunday, there is no indication that this figure will go down anytime in the near future.
These are enormous commitments, and yet, we do not have a clear indication from the Administration about its intentions in Iraq. And that is why I am introducing this legislation.
We have assumed an enormous responsibility in Iraq and we must stay the course. But let us hear from the Administration on how it intends to stay that course and where that course will lead us. I urge my colleagues to support this legislation.
I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the Record, as follows:
S. 1594
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Although President George W. Bush declared an end to major combat operations in Iraq on May 1, 2003, as of early September 2003, conditions in parts of Iraq continue to be unstable, and President Bush has not yet provided Congress with a detailed plan that outlines the strategic objectives of Operation Iraqi Freedom, explains how and when the President plans to accomplish these objectives, and estimates the costs to be borne by United State taxpayers and the international community.
(2) On September 7, 2003, President Bush announced his intention to seek an additional $87,000,000,000 to fund reconstruction efforts and military and intelligence operations in Iraq, Afghanistan, and elsewhere.
SEC. 2. REPORT.
Not later than 60 days after the date of the enactment of this Act, the President shall submit to Congress a report setting forth--
(1) a description of the economic, political, and military situation in Iraq, including the number, type, and location of attacks on United States and other Coalition military and civilian personnel in the preceding 60 days;
(2) a discussion of the measures taken to protect United States troops serving in Iraq;
(3) a detailed plan for achieving the goal of establishing civil, economic, and political security in Iraq, including the restoration of basic services such as water and electricity and the construction of schools, roads, and medical clinics;
(4) the monetary costs currently incurred and projected to be incurred by the United States, the United Nations, Iraq, and the international community;
(5) the actions taken and to be taken by the President to secure increased international participation in peacekeeping efforts and in the economic and political reconstruction of Iraq;
(6) a detailed schedule and specific steps for achieving the goal of restoring self-government to the Iraqi people; and
(7) United States and international military and civilian personnel requirements.
______
By Mr. KERRY:
S. 1595. A bill to amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax with respect to employees who participate in the military reserve components and are called to active duty and with respect to replacement employees and to allow a comparable credit for activated military reservists who are self-employed individuals, and for other purposes; to the Committee on Finance.
Mr. KERRY. Mr. President, the continuing activation of military reservists to serve in Iraq and the war on terror has imposed a tremendous burden on many of our country's small businesses. Too many small businesses, when their employees are asked to leave their jobs and serve the Nation, are unable to continue operating successfully and face severe financial difficulties, even bankruptcy. At the same time, more than one-third of military reservists and National Guard members suffer a pay cut when they're called to defend our Nation. Large businesses have the resources to provide supplemental income to reservist employees called up for active duty and to replace them with a temporary employee. However, many small businesses are unable to provide this assistance or temporarily replace the employee. I believe the Federal Government must take action to help small businesses weather the loss of an employee to active duty and protect small business employees and their families from suffering a pay cut to serve our Nation. That is why I am introducing legislation that will provide an immediate tax credit to assist both military reservists who are called to active duty and the small businesses who must endure their absence.
The Small Business Military Reservist Tax Credit Act that I am introducing today will provide immediate help to affected small businesses through a Federal income tax credit and a reduced withholding requirement to help pay the difference in salary for a reservist called up to active duty and the cost of temporarily replacing that employee while he or she is serving our Nation. Specifically, the bill will provide a tax credit of up to $12,000 to any very small business, defined as any business with up to 50 employees, whose employee has been called up for active duty. Up to
$6,000 can be used to assist in paying any difference in salary for the activated reservist and up to an additional $6,000 can be used to help hire a temporary replacement. For small manufacturers with up to 100 employees, the bill will provide a tax credit of up to $20,000, up to
$10,000 to hire a temporary replacement. This tax credit is critical to immediately help struggling entrepreneurs keep their small businesses running after the loss of an employee to temporary military service. Too many American small manufacturers are already facing a difficult economy and strong international competition. This legislation provides higher thresholds for small manufacturers because they need greater help and employ more technical workers who are more expensive and difficult to replace. It will also help cushion the financial cost of being a citizen soldier for our reservists. I am pleased that this legislation is supported by the Reserve Officers Association.
Since 1973, the United States has built an all-volunteer military of which reservists are an essential part. Our reservists are much more than weekend warriors. When they are called to active duty, they are a critical ingredient of any long-term or significant deployment of American forces. Everyone knows the contributions our reservists have made in the Army, Navy, Air Force, Marines and Coast Guard. They have been serving our country with distinction and pride for many years and should not be penalized financially for their honorable service. The use of reservists is a significant way to reduce the costs of maintaining a standing army and the cost of carrying a full standing army, in lieu of having a critical reservist component, far outweighs the small, targeted tax credit developed in this legislation.
Reservists have become a vital component of U.S. forces in Iraq and the war on terror. On September 14, 2001, President Bush issued Executive Order 13223 authorizing the activation of up to 1 million military reservists for up to two years of active duty. Since October 2002, there has been a presidentially approved ceiling of 300,000 on the number of reservists that can be on duty at any one time. Some 295,000 reserves have been called up cumulatively since the issuance of the original Executive Order. Today, there are about 181,500 reserves on active duty in the war against terrorism.
Just today, the Army announced that thousands of National Guard and Army Reserve forces will be required to extend their tours of duty. The new order requiring 12-month tours in Iraq and elsewhere means that many National Guard and Army Reserve troops could have their mobilizations extended anywhere from 1 month to 6 months. Extending tours of duty will make it more difficult for reservists, their families and the small businesses where they work to endure the hardships associated with serving our nation. It is imperative that we provide them with immediate assistance.
A recent story in the Financial Times demonstrates the heavy price that some small businesses are forced to pay when one of their employees is called up for active duty. Lt. Col. Stephen Brozak, a Marine reservist and small business partner, was called up for active duty in November 2002. In addition to being a partner in the small financial services firm, Westfield Bakerink Brozak, Stephen is the only research analyst in the San Diego-based company. Since Stephen left to serve our country, the company has been unable to continue working on the investment banking issues he covered. This has dramatically affected the company's profitability and bottom line. To compound the problem, this small businesses is unable to provide Stephen a salary while he is on active duty and cannot afford to hire a replacement. Small businesses, like Stephen's, should not be crippled or incapacitated when their workers are called to serve our Nation. Our reservist solders who are called away from their jobs to serve our country should not have to endanger their family's finances to do so.
The United States Chamber of Commerce estimates that 70 percent of military reservists called to active duty work in small- or medium-size companies. Everyone knows that small businesses continue to be a most effective at creating new jobs and spurring economic growth nationwide. Small businesses employ over 50 percent of the nation's work force. Nationwide, small businesses are currently creating 75 percent of new jobs. Furthermore, many these small businesses provide quality goods and services that are a vital link in the supply chain for our national defense. Many these small companies need immediate help to keep their business going while their employees are sacrificing for our country in Iraq and elsewhere.
Many of our reservists left their companies in good shape. They were profitable, providing goods or services, creating jobs, adding to the tax base. Our nation should do everything possible to ensure that upon their return, reservists and their businesses to do suffer unnecessary hardships that ranges from impaired operations financial ruin; from deserted clients to layoffs, and even closure.
Beyond the hardship of leaving their families, their homes and their regular employment, more than one-third of military reservists and National Guard members face a pay cut when they're called for active duty in our armed forces. Many of these reservists have families who depend upon that paycheck to survive and can least afford a substantial reduction in pay. Unlike many big businesses that can afford to provide supplemental income to make up for the salary disparity for military reservists called to active duty, most small businesses cannot afford to provide this benefit. This makes it more difficult for small businesses to attract and keep workers. I think it is imperative that we help families of reservists maintain their standard of living while their loved one serves our nation. We must ensure that our great tradition of citizen soldiers does not fade or stop because of the effect service has on work and family.
Back in 1999, I wrote the Military Reservist Small Business Relief Act, which was enacted into law during the 106th Congress and authorized the Small Business Administration (SBA) to defer existing loan repayments and to reduce the interest rates on direct loans that may be outstanding, including disaster loans, for small businesses that have had a military reservist called up for active duty. It also established a low-interest economic injury loan program administered by the SBA through its disaster loan program. These loans have been available to provide interim operating capital to any small business when the departure of a military reservist for active duty causes economic injury. According to published reports, more than 10,000 small businesses have applied for these loans since August 2001. However, in today's economy, many small businesses are unable to take on additional debt to continue their operations. These small businesses need immediate tax relief to assist them in hiring a replacement and to pay their reservist worker who is away serving our country.
This bill will help every small business whose owner, manager or employee is called to active duty. Most immediately, this bill will assist those small businesses whose employees are in service in Iraq and elsewhere but the act also applies to future contingency operations, military conflicts, or national emergencies.
I ask all my colleagues to support this important legislation to help both military reservists and the small businesses they are forced to leave when they are called up for active duty.
______
By Mr. ALLEN (for himself, Mr. Warner, Mr. Edwards, Mrs. Dole,
Mr. Hollings, Mr. Graham of South Carolina, Mr. Chambliss, and
Ms. Snowe):
S. 1597. A bill to provide mortgage payment assistance for employees who are separated from employment; to the Committee on Health, Education, Labor, and Pensions.
Mr. ALLEN. Mr. President, I rise today to introduce the Homestead Preservation Act which would make available low-interest loans to American workers who have been displaced by international trade so they can continue to make home mortgage payments. This legislation would provide needed mortgage payment assistance to these Americans facing difficult times.
While the relaxation of trade barriers and free trade agreements have opened some new markets to American products and services, it has also led to a decline in the U.S. manufacturing and textile industries. These are the jobs that hard working Americans have depended on for generations and plants and facilities that have helped to sustain communities for decades.
Americans are industrious, hard-working and innovative, but it is unfair to ask them to compete for employment with workforces that do not operate under comparable environmental or labor regulations and in countries that do not reciprocate and violate trade rules. I want to make sure that free trade is at the same time fair trade. The opening of the U.S. market offers great benefit to all Americans, but we should mitigate harm to people making a living in manufacturing or textiles. The People's Republic of China through their currency manipulations, dumping of wood bedroom furniture, textile commands and illegal semiconductor taxation violate rules of fair trade. One can also look to the recent decision by the Department of Commerce finding that South Korean subsidies provided to Hynix Semiconductor, Inc. have caused great damage to U.S. computer chip manufacturers. As our government continues to follow international trade rules, we owe it to our workers to hold foreign governments accountable for their violations of these agreements.
Going forward, I pledge to take a hard look at all proposed free trade agreements to make sure the interests of the United States are not being compromised. It is essential in the negotiation of these new trade pacts not to place traditional U.S. industries at a distinct disadvantage. Free trade agreements have the opportunity to greatly enhance the economies of the U.S. and its partners, but they must offer generally equal benefits to people in both countries.
Unfortunately, recent years have seen the closing of numerous textile and manufacturing plants in the Commonwealth of Virginia and many can be attributed to international competition. These economic disasters are not unique to my Virginia alone. People in communities in our sister States of North Carolina, South Carolina and Georgia have experienced such disasters as well. People from Maine to Ohio to California understand and have endured these large layoffs. With each of these closings, a community is thrown into turmoil with families left wondering how ends can be met until new employment is found.
I understand no government program or assistance can substitute for a secure, well-paying job, but I believe the U.S. government can reasonably assist these families as they transition from one career to another. Presently, there are useful assistance programs that aid American workers seeking new employment, but unfortunately, there is nothing currently in place to protect what is usually a family's most valuable financed asset--their home.
The Homestead Preservation Act has been introduced to meet that need. My legislation would provide families vital temporary financial assistance enabling them to keep their homes and protect their credit ratings as they work toward strengthening and upgrading their skills and search for new employment. Individuals seeking to take advantage of this program would need to be enrolled in a job training or job assistance program. Training and education programs that focus on new technology and emerging industries would aid displaced workers in gaining a skill that will allow them to find a good-paying and secure job in a new field.
At a time when families are dealing with an uncertain future they should feel secure that food will be on the table and a roof will be over their heads. The loans to be provided by the Homestead Preservation Act would not solve all of the problems facing unemployed workers, but they would provide important assistance for families facing the prospect of losing their home.
In closing, I would like to thank my colleagues Senators Warner, Edwards, Dole, Hollings, Graham, Chambliss and Snowe for joining me in introducing this legislation. They know and understand the hardship facing these families and I am grateful that they have signed on to help provide this needed assistance. When offered in the 107th Congress, this Homestead Preservation Act received tremendous bipartisan support. I would respectfully urge my colleagues to consider the value Americans place on owning a home and support this caring and needed initiative.
I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the bill was ordered printed in the Record, as follows:
S. 1597
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homestead Preservation Act''.
SEC. 2. MORTGAGE PAYMENT ASSISTANCE.
(a) Establishment of Program.--The Secretary of Labor
(referred to in this section as the ``Secretary'') shall establish a program under which the Secretary shall award low-interest loans to eligible individuals to enable such individuals to continue to make mortgage payments with respect to the primary residences of such individuals.
(b) Eligibility.--To be eligible to receive a loan under the program established under subsection (a), an individual shall--
(1) be--
(A) an adversely affected worker with respect to whom a certification of eligibility has been issued by the Secretary of Labor under chapter 2 of title II of the Trade Act of 1974
(19 U.S.C. 2271 et seq.); or
(B) an individual who would be an individual described in subparagraph (A) but who resides in a State that has not entered into an agreement under section 239 of such Act (19 U.S.C. 2311);
(2) be a borrower under a loan which requires the individual to make monthly mortgage payments with respect to the primary place of residence of the individual; and
(3) be enrolled in a job training or job assistance program.
(c) Loan Requirements.--
(1) In general.--A loan provided to an eligible individual under this section shall--
(A) be for a period of not to exceed 12 months;
(B) be for an amount that does not exceed the sum of--
(i) the amount of the monthly mortgage payment owed by the individual; and
(ii) the number of months for which the loan is provided;
(C) have an applicable rate of interest that equals 4 percent;
(D) require repayment as provided for in subsection (d); and
(E) be subject to such other terms and conditions as the Secretary determines appropriate.
(2) Account.--A loan awarded to an individual under this section shall be deposited into an account from which a monthly mortgage payment will be made in accordance with the terms and conditions of such loan.
(d) Repayment.--
(1) In general.--An individual to which a loan has been awarded under this section shall be required to begin making repayments on the loan on the earlier of--
(A) the date on which the individual has been employed on a full-time basis for 6 consecutive months; or
(B) the date that is 1 year after the date on which the loan has been approved under this section.
(2) Repayment period and amount.--
(A) Repayment period.--A loan awarded under this section shall be repaid on a monthly basis over the 5-year period beginning on the date determined under paragraph (1).
(B) Amount.--The amount of the monthly payment described in subparagraph (A) shall be determined by dividing the total amount provided under the loan (plus interest) by 60.
(C) Rule of construction.--Nothing in this paragraph shall be construed to prohibit an individual from--
(i) paying off a loan awarded under this section in less than 5 years; or
(ii) from paying a monthly amount under such loan in excess of the monthly amount determined under subparagraph (B) with respect to the loan.
(e) Regulations.--Not later than 6 weeks after the date of enactment of this Act, the Secretary shall promulgate regulations necessary to carry out this section, including regulations that permit an individual to certify that the individual is an eligible individual under subsection (b).
(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2004 through 2008.
______
By Ms. SNOWE:
S. 1598. A bill to require the Comptroller General to carry out a study to determine the feasibility of undertaking passenger rail transportation security programs that are similar to those of foreign countries; to the Committee on Commerce, Science, and Transportation.
Ms. SNOWE. Mr. President, since the terrorist attacks of September 11th, 2001, we have experienced a steep learning curve as a country and as a Congress in our efforts to improve homeland security.
As we saw during the drafting and consideration of the airline security bill, the United States has not cornered the market on security innovations and measures--there is much that we can learn from other countries that have faced or addressed the same challenges. For this reason, I am introducing legislation that would require the General Accounting Office (GAO) to initiate a study examining passenger rail security measures that have worked for other regions and countries such as the European Union and Japan.
For example, the $15 billion channel tunnel--or ``Chunnel''--linking England to the European continent has been open to train service, for passengers and freight, since 1994 without a major security incident. In 2000 alone, 2.8 million cars, 7.1 million passengers, and 2.9 million tons of freight made the 31 mile journey under the English Channel safely.
Security has always been a major concern for the Chunnel and Britain, France, and Eurotunnel, the company operating the tunnel, have made security a top priority without degrading passenger service. In fact, in addition to its private security staff provided by Eurotunnel, the Chunnel is policed by a bi-national force of police, immigration, and customs officers with armed patrols in the British and French terminals. And both the company and the respective government agencies also conduct routine intelligence-led security checks on both passenger and freight vehicles.
So I suspect that our friends in Europe, and in Asia, and other regions, may be able to provide valuable insight on how we can improve our rail transportation security. It is my intent with this bill to direct GAO to complete, no later than June 2004, a study of rail transport security measures in other countries in an effort to seek innovative screening procedures and processes and other security measures that may be a benefit to the United States. Subsequently, an assessment of these measures would be provided to Congress.
In the hours and days after September 11, Americans discovered we are not alone in this struggle and I urge my colleagues to support this bill that encourages the United States to reach out and learn from others.
______
By Ms. SNOWE:
S. 1599. A bill to require the Secretary of Homeland Security to conduct a study of the feasibility of implementing a program for the full screening of passengers, baggage, and cargo on Amtrak trains, and for other purposes; to the Committee on Commerce, Science, and Transportation.
Ms. SNOWE. Mr. President, I rise today to introduce legislation designed to enhance the security of our Nation's passenger rail network.
Before the terrorist attacks of September 11, 2001, boarding an Amtrak train was little harder than riding the subway--and in some ways it was easier, because you could purchase a ticket on board the train. Those days have passed, as Amtrak now requires photo identification and no longer permits ticket purchases on-board the train. But there has not been a similar change in the screening of baggage. The bill I am introducing today would create a new pilot initiative to screen passengers and carry-on baggage on the Amtrak passenger rail system. In addition, my legislation will examine ways to provide this screening, providing a proportional response that will reassure train passengers and step-up security.
As a member of the Senate Commerce Subcommittee on Surface Transportation, I believe that by conducting a limited test of security screening of passengers and carry-on baggage on certain Amtrak routes, we can determine the feasibility of expanding screening to other Amtrak stations. Moreover, by starting with a cross-section of stations throughout the network, we can gain perspective on the expense, the infrastructure, and the personnel who might be needed to bring screening system-wide.
This legislation will direct the Department of Transportation to initiate a demonstration project at five of the ten stations with the heaviest passenger traffic. Amtrak would be required to conduct random passenger and carry-on baggage checks or screening at these stations. Under the legislation, the Secretary of Transportation would be given authority to select additional stations in order to determine how screening works at smaller facilities. The bill envisions examination of a variety of X-ray and explosive detection devices, and metal detectors that would help assure safety on Amtrak.
I urge my colleagues to join me in a strong show of support for this legislation.
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By Mr. CAMPBELL (for himself and Mr. Inouye):
S. 1600. A bill to provide for periodic Indian needs assessments, to require Federal Indian program evaluations, and for other purposes; to the Committee on Indian Affairs.
Mr. CAMPBELL. Mr. President, today I am pleased to be joined by Senator Inouye to introduce the Indian Needs Assessment and Program Evaluation Act of 2003.
Recently, a significant report has been issued that, once again, calls into question the equity and effectiveness of Federal spending on Indian programs.
This is not a new problem and the U.S. Civil Rights Commission's report entitled ``A Quiet Crisis: Federal Funding and Unmet Needs in Indian Country'' shows that the volume and methodologies of Federal spending are still both off the mark.
The Commission's report found an ongoing failure to provide funds for the health, education and safety of Indian communities at levels equivalent to other U.S. populations and determined that, despite many studies, ``no coordinated, comprehensive Federal effort has been made to audit spending and develop viable solutions.''
The Commission's Report recommended each of the six agencies primarily responsible for delivery of Federal services to Indians to:
(1) conduct internal monitoring of its spending and budgeting for Indian programs; (2) ensure better coordination with other agencies; and (3) monitor unmet needs. It also urged Congress to appropriate funds to meet the unmet needs of Indian people and urged the Office of Management and Budget (OMB) to create uniform standards for tracking and spending on Indian programs.
The bill I am introducing today will address these ongoing problems and bring a rigorous analysis to the actual needs of Indian people, gauge how Indian programs are funded, and better tailor these programs so that needs are met and programs are carried out in an effective and efficient way.
The bill: 1. directs the Secretary of the Interior to develop a uniform method, criteria, and procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians nationwide; 2. requires Federal agencies to conduct Indian Needs Assessments aimed at determining the actual needs of tribes and Indians eligible for programs and services administered by such agencies; 3. directs the Secretary to develop a uniform method, criteria, and procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning: (a) agency annual expenditures for programs and services for which Indians are eligible/
(b) services or programs specifically for the benefit of Indians; and
(c) agency methods of delivery of services and funding; 4. requires Federal agencies responsible for providing services or programs to or for the benefit of tribes of Indians to: (a) file Annual Indian Program Evaluations with specified congressional committees; and (b) publish annual listings in the Federal Register of all agency programs and services for which Indian tribes may be eligible; 5. directs the Secretary to: (a) report to specified congressional committees on the coordination of Federal program and service assistance for which tribes are eligible; and (b) file a Strategic Plan for the Coordination of Federal Assistance for Indians.
I urge my colleagues to join me in supporting this important measure.
I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the Record, as follows:
S. 1600
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Needs Assessment and Program Evaluation Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the United States and the Indian tribes have a unique legal and political government-to-government relationship;
(2) under the Constitution, treaties, statutes, Executive orders, court decisions, and course of conduct of the United States, the United States has a trust obligation to provide certain services to Indian tribes and members of Indian tribes;
(3) Federal agencies charged with administering programs and providing services to or for the benefit of Indian tribes and members of Indian tribes have not provided Congress adequate information necessary to assess the adequacy of the programs and services meeting the needs of Indian tribes and members of Indian tribes, hampering the ability of Congress to determine the nature, type, and magnitude of those needs or the ability of the United States to respond to those needs; and
(4) Congress cannot properly fulfill its obligation to Indian tribes and Indian people unless it has an adequate store of information concerning the needs of Indian tribes and members of Indian tribes nationwide.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that Indian needs for Federal programs and services are known in a more certain and predictable fashion;
(2) to require that Federal agencies carefully review and monitor the effectiveness of programs and services provided to Indian tribes and members of Indian tribes;
(3) to provide for more efficient and effective cooperation and coordination of, and accountability from, the agencies providing programs and services, including technical and business development assistance, to Indian tribes and members of Indian tribes; and
(4) to provide to Congress reliable information regarding both Indian needs and the evaluation of Federal programs and services provided to Indian tribes and members of Indian tribes nationwide.
SEC. 3. DEFINITIONS.
In this Act:
(1) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(2) Needs assessment.--The term ``needs assessment'' means an assessment of the program and service needs of Indian tribes and members of Indian tribes, that includes, at a minimum, consideration of--
(A) the population of each Indian tribe (including the population of tribal members located in the service area of an Indian tribe, where applicable);
(B) the size of the service area;
(C) the location of the service area;
(D) the availability of similar programs within the geographical area to Indian tribes or tribal members; and
(E) socioeconomic conditions that exist within the service area.
(3) Program evaluation.--The term ``program evaluation'' means an evaluation report developed in accordance with section 4(b).
(4) Secretary.--The term ``Secretary'' means the Secretary of the Interior.
SEC. 4. NEEDS ASSESSMENTS AND PROGRAM EVALUATIONS.
(a) Needs Assessments.--
(1) Development of method, criteria, and procedures.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation and coordination with tribal governments and with the Secretary of Agriculture, Secretary of Commerce, Secretary of Defense, Secretary of Energy, Secretary of Labor, Attorney General, Secretary of the Treasury, Secretary of Transportation, Secretary of Veterans Affairs, Administrator of the Environmental Protection Agency, Secretary of Housing and Urban Development, Secretary of Health and Human Services, and heads of other agencies responsible for providing programs or services to or for the benefit of Indian tribes or members of Indian tribes, shall develop a uniform method, criteria, and procedures for determining, analyzing, and compiling a needs assessment.
(2) Needs assessments.--Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, each Federal agency, in coordination with the Secretary, shall--
(A) conduct a needs assessment to determine the needs of Indian tribes and members of Indian tribes eligible for programs and services administered by the agency; and
(B) submit to the Committee on Appropriations and Committee on Indian Affairs of the Senate and the Committee on Appropriations and the Committee on Resources of the House of Representatives a report that describes the results of the needs assessment.
(b) Program Evaluations.--
(1) Development of method, criteria, and procures.--Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a uniform method, criteria, and procedures for compiling, maintaining, updating, and reporting to Congress a program evaluation containing all information concerning--
(A) the annual expenditure by a Federal agency for programs and services for which Indian tribes and members of Indian tribes are eligible, with specific information including--
(i) the names of Indian tribes that are participating in or receiving each service;
(ii) the names of Indian tribes that have applied for and not received programs or services; and
(iii) the names of Indian tribes for which programs or services were terminated within the preceding fiscal year;
(B) programs or services specifically for the benefit of Indian tribes and members of Indian tribes, with specific information including--
(i) the names of Indian tribes that are currently participating in or receiving each program or service;
(ii) the names of Indian tribes that have applied for and not received programs or services; and
(iii) the names of Indian tribes for which programs or services were terminated within the preceding fiscal year; and
(C) the methods of delivery of the programs and services, including a detailed explanation of the outreach efforts of each agency to Indian tribes.
(2) Program evaluations.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, each Federal agency responsible for providing programs or services for the benefit of Indian tribes or members of Indian tribes shall submit to the Committee on Appropriations and the Committee on Indian Affairs of the Senate and the Committee on Appropriations and the Committee on Resources of the House of Representatives a report that describes the results of the program evaluation.
(c) Annual Listing of Tribal Eligible Programs.--On or before February 1 of each year, each Federal agency described in subsection (b)(2) shall publish in the Federal Register--
(1) a list of all programs and services offered by the agency for which Indian tribes or members of Indian tribes are or may be eligible; and
(2) a brief explanation of the program or service.
SEC. 5. REPORT ON COORDINATION OF PROGRAMS AND SERVICES.
(a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Appropriations and the Committee on Indian Affairs of the Senate and the Committee on Appropriations and the Committee on Resources of the House of Representatives a report detailing the coordination of Federal programs and service assistance for which Indian tribes and members of Indian tribes are eligible.
(b) Strategic Plan.--
(1) In general.--Not later than 18 months after the date of enactment of this Act, after consultation and coordination with the Indian tribes, the Secretary shall submit to the Committee on Appropriations and the Committee on Indian Affairs of the Senate and the Committee on Appropriations and the Committee on Resources of the House of Representatives a strategic plan for the coordination of Federal assistance for Indian tribes and members of Indian tribes.
(2) Contents of strategic plan.--The strategic plan under paragraph (1) shall contain--
(A) an identification of reforms necessary to the laws
(including regulations), policies, procedures, practices, and systems of the agencies responsible for providing programs or services for the benefit of Indian tribes or members of Indian tribes;
(B) proposals for remedying the reforms identified in the plan; and
(C) other recommendations consistent with the purposes of this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal year such sums as are necessary to carry out this Act.
______
By Mr. CAMPBELL (for himself and Mr. Inouye):
S. 1601. A bill to amend the Indian Child Protection and Family Violence Prevention Act to provide for the reporting and reduction of child abuse and family violence incidences on Indian reservations, and for other purposes; to the Committee on Indian Affairs.
Mr. CAMPBELL. Mr. President, today I am pleased to be joined by Senator Inouye to introduce the ``Indian Child Protection and Family Violence Prevention Reauthorization Act of 2003'' to combat child abuse in Native American communities.
First enacted in 1990, the Indian Child Protection and Family Violence Prevention Act was aimed at prosecutions of Federal and tribal employees for child abuse and issues arising from child abuse and family violence.
The act established extensive reporting requirements and character investigations for Federal and tribal employees who have regular contact with Indian children, and provided funding for prevention and treatment programs.
Like so many social pathologies, American Indians are victimized by violence more than any other ethnic group.
Research also shows that Indian victims of violence by family members or intimate partners are more likely than any other ethnic group to be injured and need hospital care.
The act is expiring and needs to be reauthorized, but it also needs to include tougher criteria for background checks and a structured method for tribal assumption of child abuse prevention, prosecution and treatment programs.
The bill is designed to improve the ability of the tribes to combat child abuse in their communities, build tribal capacity, and identify the impediments to more effective prevention, investigation and prosecution of child abuse.
The bill also authorizes funding for building comprehensive tribal programs, and training and technical assistance--the cornerstones in developing the necessary expertise in the field. The bill will also facilitate establishment of safety measures for child protection workers to reduce unnecessary stress and improve program effectiveness.
In its 2002 report entitled ``Violence Against Women: Data on Pregnant Victims and Effectiveness of Prevention Strategies are Limited'', the General Accounting Office cited the Centers for Disease Control and other researchers who found that there was a need for prevention strategies that incorporate cultural perspectives in serving ethnic populations. This bill will promote cultural perspectives by giving special considerations to tribal programs which incorporate traditional healing methods.
Abuse by the Federal and tribal employees was the main reason for enacting the 1990 Act, however, employees are not the only ones that come in contact with Indian children. The bill I am introducing today will expand the scope of positions subject to character investigations and include contractors who have regular contact with Indian children.
This bill clarifies the requirement that all positions within the Departments of Interior and HHS--not simply the Bureau of Indian Affairs and Indian Health Service--that have regular contact with children must undergo character investigations.
I ask Unanimous Consent that the text of the bill be printed in the Record and urge my colleagues to join me in supporting this important measure.
There being no objection, the bill was ordered to be printed in the Record, as follows:
S. 1601
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Child Protection and Family Violence Prevention Reauthorization Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
Section 402 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3201) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) finds that--
``(A) Indian children are the most precious resource of Indian tribes and need special protection by the United States;
``(B) the number of reported incidences of child abuse on Indian reservations continues to rise at an alarming rate, but the reduction of such incidences is hindered by the lack of--
``(i) community awareness in identification and reporting methods;
``(ii) interagency coordination for reporting, investigating, and prosecuting; and
``(iii) tribal infrastructure for managing, preventing, and treating child abuse cases;
``(C) improvements are needed to combat the continuing child abuse on Indian reservations, including--
``(i) education to identify symptoms consistent with child abuse;
``(ii) extensive background investigations of Federal and tribal employees, volunteers, and contractors who care for, teach, or otherwise have regular contact with Indian children;
``(iii) strategies to ensure the safety of child protection workers; and
``(iv) support systems for the victims of child abuse and their families; and
``(D) funds spent by the United States on Indian reservations for the benefit of Indian victims of child abuse or family violence are inadequate to combat child abuse and to meet the growing needs for mental health treatment and counseling for those victims and their families.'';
(B) in paragraph (2)--
(i) by striking ``two'' and inserting ``the'';
(ii) in subparagraph (B)--
(I) by inserting after ``provide funds for'' the following:
``developing a comprehensive tribal child abuse and family violence program including training and technical assistance for identifying, addressing, and decreasing such incidents and for''; and
(II) by striking the period at the end and inserting a semicolon; and
(iii) by adding at the end the following:
``(C) implement strategies to increase the safety of child protection workers;
``(D) assist tribes in developing the necessary infrastructure to combat and reduce child abuse on Indian reservations; and
``(E) identify and remove impediments to the prevention and reduction of child abuse on Indian reservations, including elimination of existing barriers, such as difficulties in sharing information among agencies and differences between the values and treatment protocols of the different agencies.''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``prevent further abuse'' and inserting ``prevent and prosecute child abuse'';
(B) in paragraph (2), by striking ``authorize a study to determine the need for a central registry for reported incidents of abuse'' and inserting ``build tribal infrastructure needed to maintain and coordinate databases'';
(C) by striking paragraph (3);
(D) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (3), (4), (5), and (6), respectively;
(E) in paragraph (3) (as redesignated by subparagraph (D)), by striking ``sexual'';
(F) in paragraph (5) (as redesignated by subparagraph (D)), by striking ``Area'' and inserting ``Regional'';
(G) in paragraph (6) (as redesignated by subparagraph
(D))--
(i) by inserting ``child abuse and'' after ``incidents of''; and
(ii) by inserting ``through tribally-operated programs'' after ``family violence'';
(H) by inserting after paragraph (6) (as redesignated by subparagraph (D)) the following:
``(7) conduct a study to identify the impediments to effective prevention, investigation, prosecution, and treatment of child abuse;''; and
(I) by striking paragraph (8) and inserting the following:
``(8) develop strategies to protect the safety of the child protection workers while performing responsibilities under this title; and''.
SEC. 3. DEFINITIONS.
Section 403(3) of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3202(3)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(C) any case in which a child is subjected to family violence;''.
SEC. 4. REPORTING PROCEDURES.
Section 404(b) of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3203(b)) is amended by adding at the end the following:
``(3) Cooperative reporting.--If--
``(A) a report of abuse or family violence involves an alleged abuser who is a non-Indian; and
``(B) a preliminary inquiry indicates a criminal violation has occurred;the local law enforcement agency (if other than the State law enforcement agency) shall immediately report the occurrence to the State law enforcement agency.''.
SEC. 5. CENTRAL REGISTRY.
The Indian Child Protection and Family Violence Prevention Act is amended by striking section 405 (25 U.S.C. 3204) and inserting the following:
``SEC. 405. BARRIERS TO IMPLEMENTATION.
``(a) In General.--The Secretary, in consultation with the Secretary of Health and Human Services and the Attorney General, shall conduct a study to identify impediments to the reduction of child abuse on Indian reservations.
``(b) Matters To Be Evaluated.--In conducting the study under subsection (a), the Secretary shall, at a minimum, evaluate the interagency and intergovernmental cooperation and jurisdictional impediments in investigations and prosecutions.
``(c) Report.--
``(1) In general.--Not later than 180 days after the date of enactment of this paragraph, the Secretary shall submit to Congress a report that describes the results of the study under subsection (a).
``(2) Contents.--The report under paragraph (1) shall include--
``(A) any findings made in the study;
``(B) recommendations on ways to eliminate impediments described in subsection (a); and
``(C) cost estimates for implementing the recommendations.''.
SEC. 6. CHARACTER INVESTIGATIONS.
Section 408 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3207) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``(including contracted and volunteer positions),'' after ``authorized positions''; and
(B) in paragraph (3), by striking the period at the end and inserting the following: ``, which--
``(A) shall include a background check, based on a set of fingerprints of the employee, volunteer or contractor that may be conducted through the Federal Bureau of Investigation; and
``(B) may include a review of applicable State criminal history repositories.''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting after ``who is'' the following: ``a volunteer or contractor or is''; and
(B) in paragraph (2), by striking ``employ'' and inserting
``contract with, accept, or employ''.
SEC. 7. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.
Section 409 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3208) is amended--
(1) in subsection (a), by striking ``sexual'';
(2) by redesignating subsection (e) as subsection (f);
(3) by inserting after subsection (d) the following:
``(e) Demonstration Project.--
``(1) In general.--The Secretary of Health and Human Services shall establish demonstration projects to facilitate the development of a culturally-sensitive traditional healing treatment program for child abuse and family violence to be operated by an Indian tribe, tribal organization, or inter-tribal consortium.
``(2) Application.--
``(A) In general.--An Indian tribe, tribal organization, or inter-tribal consortium may submit an application to participate in a demonstration project in such form as the Secretary of Health and Human Services may prescribe.
``(B) Contents.--As part of an application under subparagraph (A), the Secretary of Health and Human Services shall require--
``(i) the information described in subsection (b)(2)(C);
``(ii) a proposal for development of educational materials and resources, to the extent culturally appropriate; and
``(iii) proposed strategies to use and maintain the integrity of traditional healing methods.
``(3) Considerations.--In selecting the participants in demonstration projects established under this subsection, the Secretary of Health and Human Services shall give special consideration to projects relating to behavioral and emotional effects of child abuse, elimination of abuse by parents, and reunification of the family.''; and
(4) in subsection (f) (as redesignated by paragraph (2))--
(A) by striking ``there'' and inserting ``There''; and
(B) by striking ``$10,000,000 for each of the years 1992, 1993, 1994, 1995, 1996 and 1997'' and inserting ``such sums as are necessary to carry out this section for each of fiscal years 2005 through 2010, of which a specific sum shall be specifically set aside each year for the demonstration projects established under subsection (e).''.
SEC. 8. INDIAN CHILD RESOURCE AND FAMILY SERVICES CENTERS.
Section 410 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3209) is amended--
(1) in subsection (a) by striking ``area'' and inserting
``Regional'';
(2) in subsection (b)--
(A) by striking ``Secretary and'' and inserting
``Secretary,''; and
(B) by striking ``Services'' and inserting ``Services, and the Attorney General'';
(3) in subsection (d)(5), by striking ``area'' and inserting ``Region'';
(4) in subsection (f)--
(A) in the second sentence, by striking ``an area'' and inserting ``a Regional''; and
(B) in the last sentence, by inserting ``developing strategies,'' after ``Center in'';
(5) in the second sentence of subsection (g)--
(A) by striking ``an area'' and inserting ``a Regional''; and
(B) by striking ``Juneau Area'' and inserting ``Alaska Region''; and
(6) in subsection (h), by striking ``$3,000,000 for each of the fiscal years 1992, 1993, 1994, 1995, 1996 and 1997'' and inserting ``such sums as are necessary to carry out this section for each of fiscal years 2005 through 2010''.
SEC. 9. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE
PREVENTION PROGRAM.
Section 411 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3210) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``coordination, reporting and'' before ``investigation'';
(B) in paragraph (2) by inserting ``child abuse and'' after
``incidents of'';
(2) in subsection (d)--
(A) in paragraph (1)(C), by inserting ``and other related items'' after ``equipment''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``, and'' at the end and inserting a semicolon;
(ii) in subparagraph (C), by inserting after
``responsibilities'' the following: ``and specify appropriate measures for ensuring child protection worker safety while performing responsibilities under this title''; and
(iii) by adding at the end the following:
``(D) provide for training programs or expenses for child protection services personnel, law enforcement personnel or judicial personnel to meet any certification requirements necessary to fulfill the responsibilities under any intergovernmental or interagency agreement; and
``(E) develop and implement strategies designed to ensure the safety of child protection workers while performing responsibilities under this Act;'';
(3) in paragraph (6), by striking ``and'' at the end;
(4) by redesignating paragraph (7) as paragraph (8);
(5) by inserting after paragraph (6) the following:
``(7) infrastructure enhancements to improve tribal data systems to monitor the progress of families, evaluate service and treatment outcomes, and determine the most effective approaches and activities; and''
(6) by redesignating subsections (f), (g), (h), and (i) as paragraphs (e), (f), (g), and (h), respectively;
(7) in paragraph (1) of subsection (g) (as redesignated by paragraph (6)), by striking subparagraph (A) and inserting the following:
``(A) evaluate the program for which the award is made, including examination of--
``(i) the range and scope of training opportunities, including numbers and percentage of child protection workers engaged in the training programs;
``(ii) the threats to child protection workers, if any, and the strategies used to address the safety of child protection workers; and
``(iii) the community outreach and awareness programs including any strategies to increase the ability of the community to contact appropriate reporting officials regarding occurrences of child abuse.''; and
(8) in subsection (h) (as redesignated by paragraph (6)), by striking ``$30,000,000 for each of fiscal years 1992, 1993, 1994, 1995, 1996 and 1997'' and inserting ``such sums as are necessary to carry out this section for each of fiscal years 2005 through 2010.''.
______
By Mr. LEAHY (for himself, Mr. Durbin, Mr. Schumer, Mr. Dodd, Mr.
Lieberman, Mrs. Clinton, Mr. Corzine, and Mr. Lautenberg):
S. 1602. A bill to amend the September 11th Victim Compensation Fund of 2001 to extend the deadline for filing a claim to December 31, 2004; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, I am pleased to introduce the ``September 11 Victim Compensation Fund Extension Act of 2003'' to extend the pending deadline of the September 11 Victim Compensation Fund to December 31, 2004. I thank Senators Durbin, Schumer, Dodd, Lieberman, Clinton, Corzine, and Lautenberg for joining me as original cosponsors of this legislation.
Along with Senator Daschle, Representative Gephardt and others, I worked hard to create the Victims Fund over the objections of some in the administration and Congress. We insisted that it be included in the legislation to bail out the airlines passed in the wake of the most devastating terrorist attacks on American soil. The current deadline for applying for compensation from the Victims Fund is rapidly approaching, but it has become apparent that many families need more time. Thus far, just under a third of eligible families have applied to the Fund for compensation--only about 1,282 death claims and 1,050 injury claims have been filed so far by victim families, according to the Department of Justice.
Ken Feinberg, the Special Master for the Fund, is doing his best to get victims families to understand their rights. Recently, he has even taken out extensive advertisements in a number of newspapers and created a series of informational meetings and claim assistance sites to assist victims' families to file for compensation with the Victims Fund instead of filing a lawsuit against the airlines industry. I commend him for his efforts.
It appears that only a few relatives of victims of September 11 are opting out of eligibility for the fund by filing a lawsuit against the airlines industry. While some families are likely weighing that decision, the number of disqualifying lawsuits is low--69 as of last month--and only three of those were in the last three months, according to The New York Times.
Instead, victims support groups have told me that they receive calls daily from individuals who understand that the deadline is approaching but cannot face the emotional pain of preparing a claim. Mr. Feinberg has also commented that many victims are still too paralyzed by their grief to confront the logistical burden and emotional pain of filing a death claim.
In light of this painful reality, I believe it is appropriate to extend the deadline for filing applications to the Victims Fund to December 31, 2004--an extension of just over a year. This extension would give grieving families additional time to mourn those who were lost and to overcome the emotional challenges of filing paperwork with the Victims Fund. In recent days, I have been in contact with several September 11 victims support groups, all of which agreed that such an extension would provide some relief during these dark days for victims' families as they endure the grieving process.
As the anniversary of the tragedy of September 11 approaches, victims' families have many burdens. They do not need this arbitrary deadline confronting them between September 11 and the year-end holidays. This is something we can do now for victims of September 11. I urge my colleagues to support the ``September 11 Victim Compensation Fund Extension Act of 2003.''
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