```

[Congressional Record Volume 141, Number 82 (Wednesday, May 17, 1995)]
[Senate]
[Pages S6803-S6821]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page S6803]]

          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SIMON (for himself, Mr. Reid, Mr. Moynihan, Mr. Bryan, Mr. 
        Brown, Mr. Campbell, Mr. Mack, Mr. Graham, Mrs. Boxer, Mrs. 
        Feinstein, and Mr. Robb):
  S. 811. A bill to authorize research into the desalinization and 
reclamation of water and authorize a program for States, cities, or 
qualifying agencies desiring to own and operate a water desalinization 
or reclamation facility to develop such facilities, and for other 
purposes; to the Committee on Environment and Public Works.

     THE WATER DESALINIZATION RESEARCH AND DEVELOPMENT ACT OF 1995

  Mr. SIMON. Mr. President, I am introducing a bill today which is 
being cosponsored by Senator Reid of Nevada, Senator Moynihan of New 
York, Senator Bryan of Nevada, Senator Brown of Colorado, Senator 
Nighthorse Campbell of Colorado, Senator Mack of Florida, Senator 
Graham of Florida, Senator Boxer of California, Senator Feinstein of 
California, and Senator Robb of Virginia.
  It is legislation that has, frankly, passed this body twice but has 
gotten mired down not because of controversy but because of 
jurisdictional problems over in the other body. It is a bill that says 
we have to do more in the area of research on finding less expensive 
ways of converting salt water to fresh water.
  I do not have a chart here of the world population and water supply, 
I regret to say. I will get that later when we are on the floor for 
discussion. But it would be dramatic. We have in the world today 
somewhere between 5.5 billion and 5.8 billion people. By the middle of 
the next century, when these pages will be around, in the middle of the 
next century, we will have around 10 billion people. The world 
population is going up like this. Our water supply is not going up. It 
is constant. You do not need to be an Einstein to recognize that we are 
headed for problems. This is not new.
  On April 12, 1961, President John F. Kennedy was asked at a press 
conference what would be the great breakthrough he would like to see in 
his administration. He responded:

       We have made some exceptional scientific advances in the 
     last decade. They are not as spectacular as the man in space 
     or the first Sputnik, but they are important. I have said 
     that I thought that if we could ever competitively, at a 
     cheap rate, get fresh water from salt water, that it would be 
     in the long-range interests of humanity which would really 
     dwarf any other scientific accomplishments. I am hopeful that 
     we will intensify our efforts in that area.

  And for a short time after his Presidency, we were doing some things 
in this area, and then because there is not an immediate problem, 
interest diminished and research has diminished. Yet, we face some very 
serious problems. We know already about what is happening in 
California. The interesting thing is that the areas where we have 
severe water shortages frequently are right at the water's edge. 
California has problems. I was just reading about Tampa, FL, the other 
day. Virginia Beach, VA, has problems. These are areas right at the 
water's edge.
  Our problems, frankly, Mr. President, are very minor compared to the 
problems in the rest of the world. If we can look at my next chart 
here, this is what is happening in terms of water shortages versus 
water scarcity. The nations in blue face water scarcity, and water 
shortage are the nations in red. You will see what is happening very 
clearly. When you talk about water scarcity, you are talking about 
nations where the average water consumption is dramatically less--less 
than half of what we consume in the United States per person in terms 
of water. They face very severe problems.
  So those are the figures in blue, going from 7 nations in 1955 to 20 
nations in 1990, and 34 nations are anticipated to have serious 
problems by the year 2025.
  In the Middle East, it is very interesting that you had President 
Sadat, who was a giant in this century, saying, ``Egypt will never go 
to war again for land. If we go to war, it will be for water.'' In the 
Middle East, also, both Prime Minister Rabin and King Hussein have 
said, ``The potential for conflict in our area is because of water.'' 
The agreement that has been worked out between Jordan and Israel 
includes an agreement on water. It is just vital. Mauritania on the 
northern coast of Africa, when I was there a few years ago, was growing 
8 percent of their own food. It is a desperately poor country right on 
the ocean. We do have a process of converting salt water to fresh 
water, inexpensive enough that we can use it for drinking water. But 85 
percent of the water that we use is used for industrial and 
agricultural purposes. And it is not inexpensive enough to use for 
those purposes.
  Spain is experiencing a drought right now. Spain has a number of 
desalination plants, but they face major long-term problems. Greece and 
Cyprus have a very similar situation. You can go through a whole series 
of countries. The Cape Verde islands are totally dependent on 
desalination, except for very, very minimal rain fall that they get. 
Egypt, right on the Mediterranean, has a mushrooming population. If the 
Presiding Officer has not had a chance to visit Egypt, I hope he will 
one of these years. You see that population in the capital city and you 
know people have to eat and they have to drink. Egypt is dependent on 2 
percent of its land. Yet, it is right on the Mediterranean. It 
potentially can be a garden spot. We have to turn that around.
  Senator Reid joined me, I guess about 3 years ago, on a trip where we 
looked at some water spots, including the Aral Sea. We looked in 
Uzekistan. The Aral Sea was the fourth largest body of water in the 
world, and the Aral Sea, Mr. Khrushchev was told, ``You can divert some 
of the water for cotton growing and it will eventually get back into 
the Aral Sea.'' And, in the old Soviet Union, when the boss said, ``Do 
this,'' it was done. And the water began to recede.
  Senator Reid and I stood at the banks of the Aral Sea and looked down 
50 or 75 feet to dry land. The dramatic scene there was because 
shipowners--of course, not shipowners, but the people who ran them; 
everything was owned by the Soviet Union--the people who ran the ships 
were told, ``Just keep your ships there, the water will come back.'' 
The water did not come back. And you had this dramatic scene of ships 
sitting on dry land, 50 miles from where the water is.
  It is a powerful thing. We have had headlines about oil shortages and 
gasoline shortages. Let me tell my colleagues, they are minor compared 
to the headlines we are going to have in another decade or two if we do 
not get ahold of this question of converting salt water to fresh water 
more inexpensively. What we are asking in this legislation that has now 
twice passed this body unanimously is that we devote some of our 
resources to this cause. It is extremely important. Water is absolutely 
essential for the survival of humanity.
  UNICEF, the United Nations Children's Fund, tells us that 35,000 
children worldwide die each day, the majority on the African Continent, 
either from hunger or disease caused either by lack of water or by 
contaminated water. I wrote to Secretary General Boutros Boutros-Ghali 
some time ago about what I am doing, and he wrote back:

       I am particularly pleased to hear of your interest in water 
     issues and the legislation you are sponsoring on research on 
     less costly desalinization methods. As you rightly point out, 
     such concerns are uppermost in the minds of people in regions 
     where fresh water is scarce, not least in my own part of the 
     world. During my tenure as a Secretary General, I will do my 
     utmost to promote international cooperation regarding this 
     most crucial resource.

  This may seem like something someone from Illinois or Oklahoma should 
not be that much interested in. It affects all of us. It affects the 
future stability of the world, and it affects us even very directly in 
terms of prices. When California does not get enough water, fruits, and 
vegetables from California are going to cost more in Oklahoma and in 
Illinois. But it is much more significant than that. If we do not find 
a less expensive way of converting salt water to fresh water, and more 
than 90 percent of the world's water is salt water, the world is headed 
for some very, very difficult times. I hope we will pass this 
legislation and do the responsible thing.
  I have one more chart here showing what is happening in the United 
States alone. The United States, again, does not face problems anywhere 
near as severe as the rest of the world. But you [[Page S6804]] see the 
water availability is the blue line and you see it going down like 
this. You see our population going up. It is clearly a problem that the 
United States has to face and the world has to face.
  I am pleased to have bipartisan cosponsorship. I am pleased this body 
has passed this legislation before. I hope we will do it again, and I 
hope our friends in the House can get the jurisdictional problems 
solved and we can pass it over there. I believe it is genuinely 
noncontroversial and is clearly needed by this country and by the 
world.
  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. 811

       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 ``Water Desalinization 
     Research and Development Act of 1995''.

     SEC. 2. DECLARATION OF POLICY.

       In view of the increasing shortage of usable surface and 
     ground water in many parts of the United States and the 
     world, it is the policy of the United States to--
       (1) perform research to develop low-cost alternatives for 
     desalinization of saline water and reclamation of nonusable 
     nonsaline water to provide water of a quality suitable for 
     environmental enhancement, agricultural, industrial, 
     municipal, and other beneficial consumptive or nonconsumptive 
     uses; and
       (2) provide, through cooperative activities with local 
     sponsors, desalinization and water reclamation processes and 
     facilities that provide proof-of-concept demonstrations of 
     advanced technologies for the purpose of developing and 
     conserving the water resources of this Nation and the world.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Desalinization.--The term ``desalinization'' means the 
     use of any process or technique (by itself or in conjunction 
     with other processes or techniques) for the removal and, when 
     feasible, adaptation to beneficial use, of organic and 
     inorganic elements and compounds from saline water.
       (2) Nonusable nonsaline water.--The term ``nonusable 
     nonsaline water'' that is not saline water but, because it 
     contains biological or other impurities, is not usable water.
       (3) Reclamation.--The term ``reclamation'' means the use of 
     any process or techniques (by itself or in conjunction with 
     other processes or techniques) for the removal and, when 
     feasible, adaptation to beneficial use, of organic and 
     inorganic elements and compounds from nonusable nonsaline 
     water.
       (4) Saline water.--The term ``saline water'' means sea 
     water, brackish water, and other mineralized or chemically 
     impaired water.
       (5) Sponsor.--The term ``sponsor'' means a local, State, or 
     interstate agency responsible for the sale and delivery of 
     usable water that has the legal and financial authority and 
     capability to provide the financial and real property 
     requirements needed for a desalinization or reclamation 
     facility.
       (6) United states.--The term ``United States'' means the 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, and the territories and 
     possessions of the United States.
       (7) Usable water.--The term ``usable water'' means water of 
     a high quality suitable for environmental enhancement, 
     agricultural, industrial, municipal, and other beneficial 
     consumptive or nonconsumptive uses.

     SEC. 4. RESEARCH AND DEVELOPMENT.

       (a) In General.--In order to gain basic knowledge 
     concerning the most efficient means by which usable water can 
     be produced from saline or nonusable nonsaline water, the 
     Secretary of the Interior, in consultation with the Secretary 
     of the Army, shall conduct a basic research and development 
     program under this section.
       (b) Contents of Program.--For the basic research and 
     development program, the Secretary of the Interior shall--
       (1) conduct, encourage, and promote fundamental scientific 
     research and basic studies to develop the best and most 
     economical processes and methods for converting saline water 
     and nonusable nonsaline water into usable water through 
     research grants and contracts--
       (A) to conduct research and technical development work;
       (B) to make studies in order to ascertain the optimum mix 
     of investment and operating costs;
       (C) to determine the best designs for different conditions 
     of operation; and
       (D) to investigate increasing the economic efficiency of 
     desalinization or reclamation processes by using the 
     processes as dual-purpose co-facilities with other processes 
     involving the use of water;
       (2) study methods for the recovery of byproducts resulting 
     from the desalinization or reclamation of water to offset the 
     costs of treatment and to reduce the environmental impact 
     from those byproducts; and
       (3) prepare a management plan for conduct of the research 
     and development program established under this section.
       (c) Coordination With Other Agencies.--
       (1) In general.--The Secretary of the Interior shall 
     conduct activities under this section in coordination with--
       (A) the Department of Commerce, specifically with respect 
     to marketing and international competition; and
       (B)(i) the Departments of Defense, Agriculture, State, 
     Health and Human Services, and Energy;
       (ii) the Environmental Protection Agency;
       (iii) the Agency for International Development; and
       (iv) other concerned public and private entities.
       (2) Other agencies.--In addition to the agencies identified 
     in paragraph (1), other interested agencies may furnish 
     appropriate resources to the Secretary of the Interior to 
     further the activities in which such other agencies are 
     interested.
       (d) Availability of Research.--All research sponsored or 
     funded under this section shall be carried out in such a 
     manner that information, products, processes, and other 
     developments resulting from Federal expenditures or 
     authorities shall (with exceptions necessary for national 
     defense and the protection of patent rights) be available to 
     the general public.
       (e) Relationship to Antitrust Laws.--Section 10 of the 
     Federal Nonnuclear Energy Research and Development Act of 
     1974 (42 U.S.C. 5909) shall apply to the activities of 
     persons in connection with grants and contracts made by the 
     Secretary of the Interior under this section.

     SEC. 5. DESALINIZATION DEVELOPMENT PROGRAM.

       (a) In General.--The Secretary of the Interior and the 
     Secretary of the Army shall jointly--
       (1) conduct a desalinization development program; and
       (2) in connection with the program, design and construct 
     desalination facilities.
       (b) Selection of Desalinization Development Facilities.--
       (1) Application.--A sponsor shall submit to the Secretary 
     of the Interior and Secretary of the Army an application for 
     the design and construction of a facility and certification 
     that the sponsor will provide the required cost sharing.
       (2) Selection.--Facilities shall be selected subject to 
     availability of Federal funds.
       (c) Cost Sharing.--
       (1) Initial cost.--The initial cost of a facility shall 
     include--
       (A) design costs;
       (B) construction costs;
       (C) lands, easements, and rights-of-way costs; and
       (D) relocation costs.
       (2) Minimum sponsor share.--The sponsor for a facility 
     under the desalinization development program shall pay, 
     during construction, at least 25 percent of the initial cost 
     of the facility, including providing all lands, easements, 
     and rights-of-way and performing all related necessary 
     relocations.
       (3) Maximum Federal share.--The Secretary of the Interior 
     and Secretary of the Army shall pay not more than $10,000,000 
     of the initial cost of a facility.
       (d) Operation and Maintenance.--Operation, maintenance, 
     repair, and rehabilitation of a desalinization facility shall 
     be the responsibility of the sponsor of the facility.
       (e) Revenue.--All revenue generated from the sale of usable 
     water from a desalinization facility shall be retained by the 
     sponsor of the facility.

     SEC. 6. MISCELLANEOUS AUTHORITIES.

       In carrying out sections 5 and 6, the Secretary of the 
     Interior and the Secretary of the Army may--
       (1) accept technical and administrative assistance from a 
     State or other public entities and from private persons in 
     connection with research and development activities relating 
     to desalinization and reclamation of water;
       (2) enter into contracts or agreements stating the purpose 
     for which the assistance is contributed and, in appropriate 
     circumstances, providing for the sharing of costs between the 
     Secretary and such entities or persons;
       (3) make grants to educational and scientific institutions;
       (4) contract with educational and scientific institutions 
     and engineering and industrial firms;
       (5) by competition or noncompetitive contract or any other 
     means, engage the services of necessary personnel, industrial 
     and engineering firms, and educational institutions;
       (6) use the facilities and personnel of Federal, State, 
     municipal, and private scientific laboratories;
       (7) contract for or establish and operate facilities and 
     tests to conduct research, testing, and development necessary 
     for the purposes of this Act;
       (8) acquire processes, data, inventions, patent 
     applications, patents, licenses, lands, interests in lands 
     and water, facilities, and other property by purchase, 
     license, lease, or donation;
       (9) assemble and maintain domestic and foreign scientific 
     literature and issue pertinent bibliographical 
     data; [[Page S6805]] 
       (10) conduct inspections and evaluations of domestic and 
     foreign facilities and cooperate and participate in their 
     development;
       (11) conduct and participate in regional, national, and 
     international conferences relating to the desalinization of 
     water;
       (12) coordinate, correlate, and publish information which 
     will advance the development of the desalinization of water; 
     and
       (13) cooperate with Federal, State, and municipal 
     departments, agencies and instrumentalities, and with private 
     persons, firms, educational institutions, and other 
     organizations, including foreign governments, departments, 
     agencies, companies, and instrumentalities, in effectuating 
     the purposes of this Act.

     SEC. 7. DESALINIZATION CONFERENCE.

       (a) Establishment.--The President is requested to instruct 
     the Administrator of the Agency for International Development 
     to sponsor an international desalinization conference within 
     1 year after the date of enactment of this Act.
       (b) Participants.--Participants in the conference under 
     subsection (a) should include scientists, private industry 
     experts, desalinization experts and operators, government 
     officials from the nations that use and conduct research on 
     desalinization, and government officials from nations that 
     could benefit from low-cost desalinization technology 
     (particularly nations in the developing world), and 
     international financial institutions.
       (c) Purpose.--The conference under subsection (a) shall--
       (1) explore promising new technologies and methods to make 
     affordable desalinization a reality in the near term; and
       (2) propose a research agenda and a plan of action to guide 
     longer-term development of practical desalinization 
     applications.
       (d) Funding.--
       (1) AID funds.--Funding for the conference under subsection 
     (a) may come from operating or program funds of the Agency 
     for International Development.
       (2) Other nations.--The Agency for International 
     Development shall encourage financial and other support from 
     other nations, including those that have desalinization 
     technology and those that might benefit from such technology.

     SEC. 8. REPORTS.

       (a) In General.--Not later than 1 year after following the 
     date of enactment of this Act, and annually thereafter, the 
     Secretary of the Interior, in consultation with the Secretary 
     of the Army, shall prepare a report to the President and 
     Congress concerning the administration of this Act.
       (b) Contents.--A report under subsection (a) shall 
     describe--
       (1) the actions taken by the Secretary of the Interior and 
     the Secretary of the Army during the calendar year preceding 
     the year in the report is submitted; and
       (2) the actions planned for the following calendar year.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       (a) Research and Development.--There are authorized to be 
     appropriated to carry out section 4--
       (1) $5,000,000 for fiscal year 1996;
       (2) $10,000,000 for fiscal year 1997; and
       (3) such sums as are necessary for fiscal years 1998, 1999, 
     and 2000.
       (b) Desalinization Development Program.--There are 
     authorized to be appropriated to carry out section 5 such 
     sums as are necessary, up to a total of $50,000,000, for 
     fiscal years 1996, 1997, 1998, 1999, and 2000, of which 50 
     percent shall be made available to the Department of the 
     Interior and 50 percent shall be made available to the civil 
     works program of the Army Corps of Engineers.
                                 ______

      By Mr. THURMOND:
  S. 812. A bill to establish the South Carolina National Heritage 
Corridor, and for other purposes; to the Committee on Energy and 
Natural Resources.

       THE SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR ACT OF 1995

  Mr. THURMOND. Mr. President, I rise today, along with Senator 
Hollings, to introduce the South Carolina National Heritage Corridor 
Act of 1995. This legislation would establish a framework to help 
protect, conserve, and promote the natural, historical, cultural, and 
recreational resources of the region which have national significance. 
A companion bill, H.R. 1553, was introduced in the House of 
Representatives on May 3, 1995.
  Specifically, this legislation would establish a national heritage 
corridor in South Carolina running from the western Piedmont down along 
the Savannah Valley toward Augusta, GA, then following the route of the 
old Charleston to Hamburg Railroad along the Ashley River Road to 
Charleston. This route contains 14 South Carolina counties: Oconee, 
Pickens, Anderson, Abbeville, Greenwood, McCormick, Edgefield, Aiken, 
Barnwell, Orange- burg, Bamberg, Dorchester, Colleton, and 
Charleston.
  Further, this measure would establish a 23 member Commission, 
consisting of county representatives, South Carolina State officials, 
and Federal officials, including the Director of the National Park 
Service. It authorizes the Commission to oversee the development and 
implementation of a corridor management action plan. This plan will 
inventory the resources of the heritage corridor and discuss advisory 
standards for the use and promotion of those resources. Mr. President, 
let me emphasize that this legislation protects private property rights 
and will not interfere with local land use ordinances or plans.
  The legislation requires the active participation of the Secretary of 
the Interior, who shall appoint Commission members, approve the 
corridor management action plan, provide assistance to the Commission, 
and report to Congress on the actions taken to carry out the act.
  Finally, this legislation requires that the Federal cost share 
percentage, including annual operating expenses, may not exceed 50 
percent. However, non-Federal matching funds may be not only cash, but 
also services or in-kind contributions.
  Mr. President, the heritage corridor concept is a technique that has 
been used successfully in various parts of our Nation to promote 
historic preservation, natural resource protection, tourism, and 
economic revitalization for both urban and rural areas. Congress, 
recognizing that heritage corridors provide a flexible framework for 
governmental and private organizations to work together on a 
coordinated regional basis, has recognized and formally designated 
numerous heritage corridor areas throughout the Nation. Many more are 
in various stages of planning or development.
  The initiative to develop the South Carolina National Heritage 
Corridor is an outgrowth of a grassroots effort in my home State to 
promote the history, culture, natural resources, and economy of the 
region. County visitor councils, historical societies, and other 
private and government entities are now participating in this project.
  The corridor project was awarded a Federal grant for a demonstration 
project linking cultural and economic development. Another grant has 
been awarded to conduct a feasibility study and plan for the 
development and management of the corridor. That work is well underway 
and will be completed this year.
  As a result of those planning efforts, the corridor project has 
conducted a thorough asset inventory and is exploring management and 
marketing alternatives. The enactment of this legislation, to provide 
for national recognition, will permit the heritage corridor project to 
broaden its efforts to preserve and promote the resources of the 
corridor and to expand tourism and economic development in the region.
  Mr. President, I would like to describe some of the historic, 
cultural, and natural resources and sites of national significance 
which are contained in the South Carolina National Heritage Corridor. 
Let me begin by referencing correspondence between Dr. Rodger E. Stroup 
of the South Carolina State Museum and Ms. Joan Davis of the South 
Carolina Department of Parks, Recreation and Tourism. In his letter, 
Dr. Stroup describes the path of the corridor, noting many specific 
sites and areas of national significance. I ask unanimous consent that 
a copy of Dr. Stroup's correspondence be printed in the Record 
following these remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. THURMOND. In many respects, the heritage corridor forms a 
microcosm of the lower South and its history. In the upper region of 
the corridor, during the 1750's and 1760's, settlers and migrants came 
in search of rich lands. This area became a center of cotton and 
agricultural production. As westward lands opened up for settlement, it 
was a major jumping off point for migration during the antebellum 
years.
  Significant events in the industrial and transportation history of 
the South took place in the corridor. Graniteville was the birthplace 
of the southern textile industry. It is the site of the first large-
scale cotton mill in the South, built in 1845. This became one of the 
most important manufacturing centers in the pre-Civil-War South, a 
model for the textile industry. Located on one of the South's major 
cotton routes, it remains a textile center today. To accommodate the 
westward moving cotton crop, South Carolina [[Page S6806]] merchants 
built the Charleston to Hamburg railroad, the longest railroad in the 
Nation in 1832. The corridor also contains precious natural resources. 
The Francis Beidler Forest contains the largest remaining virgin stand 
of bald cyprus and tupelo trees in the world. Additionally, the 
Cathedral Bay Heritage Wildlife Preserve contains unique geological 
features known as the Carolina Bays. These oval depressions in the 
earth, the origin of which remains a mystery, hold black water lakes. 
The significant riverine and estuarine systems of the ACE Basin form an 
ecologically diverse area which contains rare plants and serves as a 
wildlife and waterfowl habitat.
  Finally, Mr. President, located within the corridor are numerous 
historical sites and national historic landmarks. For example, 
Middleton Place, on the banks of the Ashley River is an 18th century 
plantation and the site of America's oldest landscaped gardens. It has 
survived revolution, civil war, and natural disasters. It was home to 
Henry Middleton, President of the Continental Congress and his son, 
Arthur, a signer of the Declaration of Independence. Battlefields of 
both the Revolutionary War and of the Civil War are located in the 
corridor. Of great historical significance is the Burt-Stark House in 
Abbeville. At this site, less than a month after General Lee's 
surrender at Appomattox, the President of the Confederate States of 
America, Jefferson Davis, counseled with his generals on the conduct of 
the war. A decision was reached at this meeting to disband the Armies 
of the Confederacy.
  Mr. President, these are just a few examples of the richness of this 
corridor. The corridor has much more to offer; much that reminds us of 
where we have been as a nation and where we are today. These and other 
attractions are representative of the merging of several cultures along 
the corridor--African, Caribbean, European, and native American. This 
legislation will assist the communities throughout the heritage 
corridor who are committed to the conservation and development of these 
assets.
  Mr. President, the effort to establish a heritage corridor in South 
Carolina has broad support. The Governor of South Carolina, David 
Beasley, supports this endeavor. Various State agencies are working on 
this project, continuing the efforts which began under the direction of 
our former Governor, Carroll Campbell. I ask unanimous consent that a 
letter of support from Governor Beasley be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 2.)
  Mr. THURMOND. Mr. President, I urge my colleagues to support this 
legislation. Further, I ask unanimous consent that the text of this 
bill be printed in the Congressional Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 812
       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 ``South Carolina National 
     Heritage Corridor Act of 1995''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the South Carolina National Heritage Corridor, more 
     than 250 miles in length, possesses a wide diversity of 
     significant rare plants, animals, and ecosystems, 
     agricultural and timber lands, shellfish harvesting areas, 
     historic sites and structures, and cultural and multicultural 
     landscapes related to the past and current commerce, 
     transportation, maritime, textile, agricultural, mining, 
     cattle, pottery, and national defense industries of the 
     region, which provide significant ecological, natural, 
     tourism, recreational, timber management, educational, and 
     economic benefits;
       (2) there is a national interest in protecting, conserving, 
     restoring, promoting, and interpreting the benefits of the 
     Corridor for the residents of, and visitors to, the Corridor 
     area;
       (3) a primary responsibility for conserving, preserving, 
     protecting, and promoting the benefits resides with the State 
     of South Carolina and the units of local government having 
     jurisdiction over the Corridor area; and
       (4) in view of the longstanding Federal practice of 
     assisting States in creating, protecting, conserving, 
     preserving, and interpreting areas of significant natural and 
     cultural importance, and in view of the national significance 
     of the Corridor, the Federal Government has an interest in 
     assisting the State of South Carolina, the units of local 
     government of the State, and the private sector in fulfilling 
     the responsibilities described in paragraph (3).
       (b) Purposes.--The purposes of this Act are--
       (1) to protect, preserve, conserve, restore, promote, and 
     interpret the significant land and water resource values and 
     functions of the Corridor;
       (2) to encourage and support, through financial and 
     technical assistance, the State of South Carolina, the units 
     of local government of the State, and the private sector in 
     the development of a management action plan for the Corridor 
     to ensure coordinated public and private action in the 
     Corridor area in a manner consistent with subsection (a);
       (3) to provide, during the development of an integrated 
     Corridor Management Action Plan, Federal financial and 
     technical assistance for the protection, preservation, and 
     conservation of land and water areas in the Corridor that are 
     in danger of being adversely affected or destroyed;
       (4) to encourage and assist the State of South Carolina and 
     the units of local government of the State to identify the 
     full range of public and private technical and financial 
     assistance programs and services available to implement the 
     Corridor Management Action Plan;
       (5) to encourage adequate coordination of all government 
     programs affecting the land and water resources of the 
     Corridor; and
       (6) to develop a management framework with the State of 
     South Carolina and the units of local government of the State 
     for--
       (A) planning and implementing the Corridor Management 
     Action Plan; and
       (B) developing policies and programs that will preserve, 
     conserve, protect, restore, enhance, and interpret the 
     cultural, historical, natural, economic, recreational, and 
     scenic resources of the Corridor.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the South 
     Carolina National Heritage Corridor Commission established by 
     section 5.
       (2) Corridor.--The term ``Corridor'' means the South 
     Carolina National Heritage Corridor established by section 4.
       (3) Corridor management action plan.--The term ``Corridor 
     Management Action Plan'' means the management action plan 
     developed under section 7.
       (4) Governor.--The term ``Governor'' means the Governor of 
     the State of South Carolina.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR.

       (a) Establishment.--There is established in the State of 
     South Carolina the South Carolina National Heritage Corridor.
       (b) Boundaries.--
       (1) In general.--The boundaries of the Corridor are 
     generally the boundaries of the western counties of the State 
     of South Carolina, extending from the western Piedmont along 
     the Savannah Valley to Augusta, Georgia, along the route of 
     the old Southern Railroad, along the Ashley River to 
     Charleston.
       (2) Included counties.--The Corridor shall consist of the 
     following counties of South Carolina, in part or in whole, as 
     the Commission may specify on the recommendations of the 
     units of local government within the Corridor area:
       (A) Oconee.
       (B) Pickens.
       (C) Anderson.
       (D) Abbeville.
       (E) Greenwood.
       (F) McCormick.
       (G) Edgefield.
       (H) Aiken.
       (I) Barnwell.
       (J) Orangeburg.
       (K) Bamberg.
       (L) Dorchester.
       (M) Colleton.
       (N) Charleston.
       (3) Detail.--The boundaries shall be specified in detail in 
     the Corridor Management Action Plan.

     SEC. 5. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR COMMISSION.

       (a) Establishment.--
       (1) In general.--There is established the South Carolina 
     National Heritage Corridor Commission.
       (2) Responsibilities.--The Commission shall assist Federal, 
     State, and local authorities and the private sector in 
     developing and implementing the Corrridor Management Action 
     Plan.
       (b) Membership.--The Commission shall be composed of 23 
     members, appointed by the Secretary as follows:
       (1) One member shall be the Director of the National Park 
     Service, or a delegate of the Director, who shall be a 
     nonvoting member.
       (2) Six members shall be appointed from among 
     recommendations submitted by the Governor, as follows:
       (A) One member shall represent the interests of the South 
     Carolina Department of Parks, Recreation, and Tourism or a 
     successor agency to the department.
       (B) One member shall represent the South Carolina 
     Department of Natural Resources or a successor agency to the 
     department.
       (C) One member shall represent the South Carolina Arts 
     Commission or a successor agency of the commission. 
     [[Page S6807]] 
       (D) One member shall represent the South Carolina Museum 
     Commission or a successor agency to the commission.
       (E) One member shall represent the South Carolina State 
     Historic Preservation Office or a successor agency to the 
     office.
       (F) One member shall represent the South Carolina 
     Department of Commerce or a successor agency to the 
     department.
       (3) Fourteen members shall be appointed from among 
     recommendations submitted by the county commissioners, of 
     which 1 member shall be appointed from each of the counties 
     of Oconee, Pickens, Anderson, Abbeville, Greenwood, 
     McCormick, Edgefield, Aiken, Barnwell, Orangeburg, Bamberg, 
     Dorchester, Colleton, and Charleston of the State of South 
     Carolina. The recommendations submitted by each county shall 
     be based on recommendations from community visitor councils 
     located within the county.
       (4) One member with knowledge and experience in the field 
     of historic preservation shall be appointed from among 
     recommendations submitted by the Director of the National 
     Park Service.
       (5) One member shall be appointed from among 
     recommendations submitted by the South Carolina Downtown 
     Development Association.
       (c) Period of Appointment.--
       (1) In general.--Except as provided in paragraph (2), each 
     member of the Commission shall be appointed to serve a term 
     of 3 years and, on expiration of a term, may be reappointed 
     to serve for 1 or more additional terms.
       (2) Limited appointments.--The members appointed under 
     subsection (b) (2), (4), and (5) shall be appointed to serve 
     a term of 2 years and, on expiration of a term, may be 
     reappointed to serve for 1 or more additional terms.
       (d) Initial Appointments.--The Secretary shall appoint the 
     initial members of the Commission not later than 180 days 
     after the date of enactment of this Act.
       (e) Vacancies.--A vacancy in the Commission shall be filled 
     in the manner in which the initial appointment was made. A 
     member of the Commission appointed to fill a vacancy shall 
     serve for the remainder of the term for which the initial 
     member was appointed. A member of the Commission appointed 
     for a definite term may serve after the expiration of the 
     term until a successor is appointed.
       (f) Chairperson.--The members of the Commission shall elect 
     a Chairperson from among the members of the Commission. The 
     Chairperson shall serve as Chairperson for the duration of 
     the term for which the Chairperson was appointed.
       (g) Quorum.--A simple majority of Commission members shall 
     constitute a quorum, but a lesser number may hold meetings. 
     The affirmative vote of not less than 11 members of the 
     Commission shall be required to approve the budget of the 
     Commission.
       (h) Meetings.--The Commission shall meet at least quarterly 
     or at the call of the Chairperson or a majority of its 
     members. Meetings of the Commission shall be subject to 
     section 552b of title 5, United States Code.
       (i) Personnel Matters.--
       (1) Compensation of members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall serve without compensation. Each member of the 
     Commission who is an officer or employee of the Federal 
     Government shall serve without compensation in addition to 
     compensation received for service an officer or employee of 
     the Federal Government.
       (2) Travel expenses.--The members of the Commission, when 
     engaged in Commission business, shall be allowed travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for persons employed intermittently in the 
     Government service under section 5703 of title 5, United 
     States Code.
       (j) Staff.--
       (1) In general.--The Commission may, without regard to 
     civil service laws (including regulations), appoint and fix 
     the compensation of such staff members as are necessary to 
     enable the Commission to carry out its duties. The Commission 
     may appoint a Director and other officers as the Commission 
     considers necessary or appropriate. The Commission may 
     appoint to the staff such specialists as the Commission 
     considers necessary or appropriate to carry out the duties of 
     the Commission, including specialists in the areas of 
     planning, community development, interpretive services, 
     historic preservation, recreation, natural resources, 
     commerce and industry, education, financing, and public 
     relations.
       (2) Compensation.--The Commission may fix the compensation 
     of the Director and other staff members without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that no 
     staff member may receive pay in excess of the annual rate 
     payable for grade level GS-15 of the General Schedule.
       (k) Experts and Consultants.--Subject to such rules as the 
     Commission may adopt, the Commission may procure temporary 
     and intermittent services under section 3109(b) of title 5, 
     United States Code, at rates determined by the Commission to 
     be reasonable.
       (l) Detail of Government Employees.--On request of the 
     Commission, the head of any Federal agency may detail, on a 
     reimbursable basis, the personnel of the agency to the 
     Commission to assist the Commission in carrying out the 
     duties of the Commission. The Commission may accept the 
     services of personnel detailed from the State of South 
     Carolina, or any political subdivision of the State, and may 
     reimburse the State or political subdivision for the 
     services.
       (m) Administrative Support.--The Administrator of General 
     Services shall provide such administrative support services 
     as the Commission may request, on a reimbursable basis.

     SEC. 6. POWERS OF THE COMMISSION.

       (a) Public Meetings.--The Commission may, for the purpose 
     of carrying out this Act, hold such public meetings, sit and 
     act at such times and places, take such testimony, and 
     receive such evidence, as the Commission considers 
     appropriate. The Commission may not issue subpoenas or 
     exercise subpoena authority.
       (b) Bylaws.--The Commission may make such bylaws, rules, 
     and regulations, consistent with this Act, as the Commission 
     considers necessary to carry out its functions under this 
     Act.
       (c) Powers of Members and Agents.--Any member or agent of 
     the Commission, if authorized by the Commission, may take any 
     action that the Commission is authorized to take under this 
     section.
       (d) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (e) Use of Funds To Obtain Money.--The Commission may use 
     its funds to obtain money from any source under any program 
     or law requiring the recipient of the money to make a 
     contribution in order to receive the money.
       (f) Retention of Revenues.--The Commission may retain 
     revenue from the sale or lease of any goods or services.
       (g) Gifts.--Notwithstanding any other law, the Commission 
     may seek and accept gifts, bequests, and donations of funds, 
     property, or services from private individuals, foundations, 
     corporations, and other private entities, and from public 
     entities for the purpose of carrying out its duties. For 
     purposes of section 170(c) of the Internal Revenue Code of 
     1986, any donation to the Commission shall be considered to 
     be a gift to the United States.
       (h) Acquisition and Disposition of Real Property.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the Commission may not acquire real property or an 
     interest in real property.
       (2) Conditions for acquisition.--Subject to paragraph (3), 
     the Commission may acquire real property or an interest in 
     real property in the Corridor--
       (A) by gift or devise;
       (B) by purchase from a willing seller using donated or 
     appropriated land acquisition funds; or
       (C) by exchange.
       (3) Conveyance.--Any real property or interest in real 
     property acquired by the Commission shall be conveyed by the 
     Commission to an appropriate public agency or private 
     nonprofit organization, as determined by the Commission--
       (A) as soon as practicable after the acquisition; and
       (B) on the condition that the real property or interest in 
     real property limits use of the property to uses that are 
     consistent with this Act.
       (4) Disposal of property.--The Commission may, with 
     approval of the Secretary, sell any real property or interest 
     in real property acquired pursuant to paragraph (2) (A) or 
     (B) and retain the revenue from the sale.
       (i) Technical Assistance.--For the purposes of implementing 
     the Corridor Management Action Plan, the Commission may 
     provide technical assistance to Federal agencies, the State 
     of South Carolina, political subdivisions of the State, and 
     persons (including corporations).
       (j) Advisory Groups.--The Commission may establish public 
     technical advisory groups to assist the Commission in 
     carrying out the duties of the Commission with respect to the 
     areas of economic development, historic preservation, natural 
     resources, tourism, recreation and open space, and 
     transportation. The Commission may establish such additional 
     advisory groups as are necessary to carry out the duties of 
     the Commission and ensure open communication with and 
     assistance from interested persons (including organizations), 
     the State of South Carolina, and political subdivisions of 
     the State.
       (k) Local Authority and Private Property Rights.--Nothing 
     in this Act shall be construed to authorize the Commission to 
     interfere with--
       (1) the rights of any person with respect to private 
     property; or
       (2) any local land use ordinance or plan of the State of 
     South Carolina or a political subdivision of the State.

     SEC. 7. DUTIES OF THE COMMISSION.

       (a) In General.--The Commission shall exercise powers 
     authorized by section 6 to coordinate activities of Federal, 
     State, and local governments and private businesses and 
     organizations to further historic preservation, cultural 
     conservation, natural area protection, soil conservation, 
     timber management, and economic development in a manner 
     consistent with this Act and in accordance with the Corridor 
     Management Action Plan developed under subsection (b).
       (b) Corridor Management Action Plan.--
       (1) Period for development.--Not later than 18 months after 
     the date on which the [[Page S6808]] Commission conducts its 
     first meeting, the Commission shall submit a Corridor 
     Management Action Plan for the Corridor to the Secretary and 
     to the Governor for review and approval.
       (2) Plan requirements.--The Corridor Management Action Plan 
     shall take into consideration State, county, and local plans 
     existing on the date on which the Corridor Management Action 
     Plan is prepared. The Corridor Management Action Plan shall--
       (A) provide an inventory that includes any real property in 
     the Corridor that should be conserved, protected, preserved, 
     restored, managed, developed, or maintained because of the 
     natural, cultural, historic, recreational, or scenic 
     significance of the property;
       (B) provide an analysis of then current and potential land 
     uses within the Corridor that affect the character of the 
     Corridor;
       (C) determine the boundaries of the Corridor on the basis 
     of the information collected pursuant to subparagraphs (A) 
     and (B);
       (D) recommend advisory standards and criteria applicable to 
     the construction, preservation, restoration, alteration, and 
     use of real property of natural, cultural, historic, 
     recreational, or scenic significance within the Corridor;
       (E) include a heritage interpretation plan to interpret the 
     resources and values of the Corridor and provide for 
     appropriate educational, recreational, and tourism 
     opportunities and development of the Corridor;
       (F) identify the full range of public and private technical 
     and financial assistance programs available to implement the 
     Corridor Management Action Plan and detail how appropriate 
     Federal, State, and local programs may best be coordinated to 
     promote the purposes of this Act; and
       (G) contain a coordinated implementation plan that--
       (i) specifies the activities of Federal, State, and local 
     governments in relation to the Corridor; and
       (ii) includes cost estimates, schedules, and a commitment 
     of resources for the accomplishment of the implementation 
     plan.
       (c) Approval of Plan.--
       (1) Approval by governor.--Not later than 60 days after 
     receiving a Corridor Management Action Plan submitted by the 
     Commission under subsection (b), the Governor shall approve 
     or disapprove the Corridor Management Action Plan.
       (2) Approval by secretary.--A Corridor Management Action 
     Plan approved by the Governor under paragraph (1) shall be 
     submitted to the Secretary for approval or disapproval. Not 
     later than 30 days after receipt of the Corridor Management 
     Action Plan, the Secretary shall approve or disapprove the 
     Corridor Management Action Plan.
       (3) Criteria for decision.--The Governor and the Secretary 
     shall approve a Corridor Management Action Plan if--
       (A) the Corridor Management Action Plan will adequately 
     protect the significant natural, cultural, historic, 
     recreational, and scenic resource values and functions of the 
     Corridor;
       (B) the Commission has afforded adequate opportunity for 
     public involvement in the preparation of the Corridor 
     Management Action Plan; and
       (C) the Secretary and the Governor receive adequate 
     assurances from appropriate officials of the State of South 
     Carolina that the recommended implementation program 
     identified in the Corridor Management Action Plan will be 
     initiated within a reasonable time after the date of approval 
     of the Corridor Management Action Plan.
       (d) Disapproval of Plan.--
       (1) In general--If the Secretary or the Governor 
     disapproves a Corridor Management Action Plan, the Secretary 
     or the Governor, as the case may be, shall--
       (A) advise the Commission in writing of the reasons for the 
     disapproval; and
       (B) recommend revisions to the Corridor Management Action 
     Plan.
       (2) Revision of disapproved plan.--Not later than 90 days 
     after the receipt of a notice of disapproval under paragraph 
     (1), the Commission shall revise and resubmit the Corridor 
     Management Action Plan for approval in accordance with 
     subsection (c).
       (e) Implementation of Plan.--
       (1) In general.--After the Secretary and the Governor 
     review and approve a Corridor Management Action Plan, the 
     Commission shall implement the Corridor Management Action 
     Plan by taking appropriate steps to--
       (A) conserve, protect, restore, preserve, and interpret the 
     natural, cultural, and historic resources of the Corridor;
       (B) promote the educational and recreational resources and 
     opportunities with respect to the Corridor that are 
     consistent with the resources of the Corridor; and
       (C) support public and private efforts to achieve economic 
     revitalization, in a manner consistent with the goals of the 
     Corridor Management Action Plan.
       (2) Steps.--The steps referred to in paragraph (1) may 
     include--
       (A) assisting State and local governmental entities and 
     nonprofit organizations in planning and implementing 
     programs, projects, or activities in a manner consistent with 
     this Act, including visitor use facilities, tour routes, and 
     exhibits;
       (B) encouraging, by appropriate means, enhanced economic 
     development in the Corridor in a manner consistent with the 
     goals of the Corridor Management Action Plan; and
       (C) promoting public awareness and appreciation for 
     historical, cultural, natural, recreational, and scenic 
     resources and associated values of the Corridor.
       (f) Annual Reports.--
       (1) Report of the commission.--As soon as practicable after 
     the end of the first fiscal year in which the Commission is 
     established, and annually thereafter, the Commission shall 
     submit a report to the Secretary. The report shall describe, 
     for the fiscal year that is the subject of the report--
       (A) the expenses and income of the Commission; and
       (B) a general description of the activities of the 
     Commission.
       (2) Report of the secretary.--As soon as practicable after 
     the date on which the Commission submits a report to the 
     Secretary under paragraph (1), the Secretary shall submit a 
     report to Congress that includes--
       (A) for the fiscal year that is the subject of the report--
       (i) a description of the loans, grants, and technical 
     assistance provided by the Secretary, and from other Federal 
     and non-Federal sources, to carry out this Act; and
       (ii) an analysis of the adequacy of actions taken to carry 
     out this Act; and
       (B) a statement of the amount of funds and number of 
     personnel that the Secretary anticipates will be made 
     available to carry out this Act for the fiscal year following 
     the fiscal year that is the subject of the report.

     SEC. 8. TERMINATION OF THE COMMISSION.

       (a) Termination.--
       (1) In general.--Except as provided in subsection (b), the 
     Commission shall terminate on the date that is 12 years after 
     the date of enactment of this Act.
       (2) Transfer of property.--Notwithstanding the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     471 et seq.), any property or funds of the Commission 
     remaining upon the expiration of the Commission shall be 
     transferred by the Commission to the Secretary, to a State or 
     local government agency, to a private nonprofit organization 
     referred to in section 501(c)(3) of the Internal Revenue Code 
     of 1986 that is exempt from income taxes under section 501(a) 
     of the Internal Revenue Code of 1986, or to any combination 
     of the foregoing.
       (b) Extensions.--The Commission may be extended for a 
     period of not more than 5 years beginning on the date 
     referred to in subsection (a) if, not later than 180 days 
     before that date--
       (1) the Commission determines that an extension is 
     necessary to carry out this Act;
       (2) the Commission submits the proposed extension to the 
     Committee on Resources of the House of Representatives and 
     the Committee on Energy and Natural Resources of the Senate 
     before the termination date; and
       (3) the Secretary and the Governor approve the extension.

     SEC. 9. DUTIES OF THE SECRETARY.

       (a) Assistance.--On request of the Commission, and subject 
     to the availability of funds appropriated specifically for 
     the purpose, or made available on a reimbursable basis, the 
     Secretary shall provide administrative, technical, financial, 
     development, and operations assistance. The assistance may 
     include--
       (1) general administrative support in planning, finance, 
     personnel, procurement, property management, environmental 
     and historical compliance, and land acquisition;
       (2) personnel;
       (3) office space and equipment;
       (4) planning and design services for visitor use 
     facilities, trails, interpretive exhibits, publications, 
     signs, and natural resource management;
       (5) development and construction assistance, including 
     visitor use facilities, trails, river use and access 
     facilities, scenic byways, signs, waysides, and 
     rehabilitation of historic structures; and
       (6) operations functions, including interpretation and 
     visitor services, maintenance, and natural resource 
     management services conducted within the boundaries of the 
     Corridor.
       (b) Loans, Grants, and Cooperative Agreements.--For the 
     purposes of assisting in the development and implementation 
     of the Corridor Management Action Plan, the Secretary may, in 
     consultation with the Commission, make loans and grants to, 
     and enter into cooperative agreements with, the State of 
     South Carolina (or a political subdivision of the State), 
     private nonprofit organizations, corporations, or other 
     persons.
       (c) Land Transfers.--The Secretary may accept transfers of 
     real property from the Commission within the boundaries of 
     the Corridor as established in the Corridor Management Action 
     Plan.

     SEC. 10. DUTIES OF OTHER FEDERAL ENTITIES.

       Any Federal entity conducting or supporting activities 
     directly affecting the Corridor shall--
       (1) consult with the Secretary and the Commission with 
     respect to such activities;
       (2) cooperate with the Secretary and the Commission in 
     carrying out their duties under this Act and, to the maximum 
     extent practicable, coordinate those activities with the 
     carrying out of those duties; and
       (3) to the maximum extent practicable, conduct or support 
     those activities in a manner that the Commission determines 
     will not have an adverse effect on the Corridor.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Subject to subsection (b), there are 
     authorized to be appropriated such sums as are necessary to 
     carry out this Act. [[Page S6809]] 
       (b) Cost Sharing.--
       (1) Federal share.--The Federal share of the funding 
     provided to the Commission to carry out this Act for any year 
     may not exceed 50 percent of the total cost of--
       (A) the expenditures of the Commission for administrative 
     matters for that year;
       (B) the expenditures of the Commission for the development 
     and implementation of the Corridor Management Action Plan for 
     that year; and
       (C) the expenditures of the Commission for land acquisition 
     for that year.
       (2) Non-federal share.--The non-Federal share of the 
     expenditures described in paragraph (1) may be in the form of 
     cash, services, or in-kind contributions, fairly valued.
  Mr. HOLLINGS. Mr. President, I am privileged today to join with 
Senator Thurmond in introducing the South Carolina National Heritage 
Corridor Act of 1995. This act aims to protect, restore, and promote 
the South Carolina National Historic Corridor--a 200-mile-long, 14 
county swath in the western part of the State, running along the 
Savannah River Valley from the foothills of the Piedmont to North 
Augusta, at which point it follows the route of the old Hamburg-to-
Charleston railroad all the way to Charleston.
  This act has several objectives. It would protect the significant 
land and water resources of the national heritage corridor. It would 
support, through financial and technical assistance, the State and 
local governments, as well as the private sector, in developing a 
management action plan for the corridor. And it would create a 
management framework to bring together the State and local governments 
to jointly develop policies and programs to conserve and enhance the 
cultural, natural, economic, recreational, and scenic resources of the 
corridor.
  Mr. President, the historic corridor concept has been used by a 
variety of public and private groups across the Nation to encourage 
historic and natural preservation, and to promote tourism and economic 
revitalization. The approach has been used successfully in the 
Blackstone River Valley National Heritage Corridor in Rhode Island and 
Massachusetts, in the lower Eastern Shore of Maryland, in the 
Lackawanna River Valley in Pennsylvania, and elsewhere. The heritage 
corridor concept offers a flexible way for government and private 
organizations to work together to promote economic growth and job 
creation.
  Mr. President, with industry concentrated in a limited number of 
urban areas, it is no secret that small, scenic, towns, and rural areas 
are looking to tourism as a means of strengthening and diversifying 
their declining economies. The heritage corridor concept offers an 
opportunity for many communities to work cooperatively and pool their 
resources in order to boost tourism.
  The South Carolina Heritage Corridor originated with a tourism 
committee in the city of Abbeville, SC, and has grown to include 14 
counties and over 40 towns and rural communities. This is a grassroots 
movement that has captured the imagination and enthusiasm of citizens 
across the western part of my State. The South Carolina Heritage 
Corridor is well conceived and holds tremendous promise for my State. I 
urge my colleagues' support for this important bill.
                               Exhibit 1

                                  South Carolina State Museum,

                                                     Columbia, SC.
     Joan Davis,
     Community Development Division, S.C. Dept. of Parks, 
         Recreation and Tourism, Columbia, SC.
       Dear Joan: I am intrigued with the concept of developing a 
     Heritage Corridor in fourteen counties along South Carolina's 
     western boundary. Stretching from Charleston to the mountains 
     the proposed corridor would take in all of the elements that 
     have characterized South Carolina for the past three 
     centuries.
       Beginning in Charleston, one of the most cosmopolitan of 
     American cities before 1860, the corridor follows the route 
     of the old South Carolina Railroad through Colleton, Bamberg, 
     Barnwell and into Aiken County. When completed in 1831 this 
     was the longest railroad in the world. Prior to the civil War 
     this area was dotted with cotton plantations, the predominant 
     economic factor in the state's antebellum years. In Aiken's 
     Horsecreek Valley the state's textile industry was born 
     during the 1830's. Only a few miles away the Savannah River 
     Site was the nation's supplier of plutonium for nuclear 
     weapons during the Cold War years. From North August, the 
     terminus of the old South Carolina Railroad, the proposed 
     corridor follows the Savannah Valley to the foothills in 
     Oconee County.
       Also a major cotton producing area before 1860, Edgefield 
     County was home to ten governors, a remarkable number for a 
     small county. Beginning in the 1820's the production of 
     alkaline glazed stoneware began in Edgefield and subsequently 
     spread throughout the South. Originally produced as 
     utilitarian storage ware, today Edgefield pottery is a highly 
     prized collectible.
       The corridor continues along the Savannah Valley through 
     once prosperous cotton fields into Anderson County, a major 
     center of the state's textile industry. Around Anderson one 
     finds both traditional textile companies as well as a recent 
     influx of major multinational corporations.
       The last section of the corridor takes one to the foothills 
     of the Appalachian Mountains. A journey through the proposed 
     corridor encompasses all of South Carolina's past and 
     present. From
      cosmopolitan Charleston in the 1700's with its wealthy 
     merchants and rice planters to the challenges facing low 
     income residents of the Appalachians, the corridor crosses 
     not only the state's entire geography, but also 
     encompasses all of the state's peoples.
       Historic sites, natural resources, cultural diversity and 
     modern manufacturing successes are all part of the proposed 
     corridor. A visitor who journeys through the corridor 
     certainly departs with an understanding of South Carolina's 
     history and development, as well as an appreciation for the 
     state's diverse geography and natural features.
       This proposed corridor has several components of national 
     significance. As the cotton culture spread through this area 
     more and more planters became entrenched in defending 
     slavery, contributing to the forces that lead to the Civil 
     War. Leading proslavery advocates John C. Calhoun and James 
     Henry Hammond lived in the corridor. As residences of the 
     area their theories on states rights and slavery evolved from 
     personal experiences.
       After the war the development of the textile industry in 
     the corridor changed the focus of South Carolina's economy 
     from an agricultural to an industrial base, a phenomena which 
     subsequently spread across the South. Finally, the location 
     of the Savannah River Site in the center of the corridor 
     reflects not only the Cold War strategy of the United States, 
     but also the challenge of the cleanup facing all the nuclear 
     production facilities across the country.
           Sincerely,
                                          Rodger E. Stroup, Ph.D.,
     Director of Collections and Interpretation.
                                                                    ____

                               Exhibit 2

                                          State of South Carolina,

                                        Office of the Governor

                                      Columbia, SC, April 5, 1995.
     Hon. Strom Thurmond,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator: Developing the economies of the rural areas 
     of our state requires that we employ creative non-traditional 
     economic development methods. One such method is the 
     application of a deliberate strategy to capitalize on the 
     economic value of the rich cultural heritage and natural 
     resources embodied in many of the rural areas of our state. 
     Cultural or heritage tourism is one of the fastest growing 
     trends in tourism. The resulting potential for job creation 
     and tourism-related investment, if properly managed, can be a 
     significant factor in the economic growth of these rural 
     communities.
       The proposed designation of a fourteen county region of our 
     state as a South Carolina National Heritage Corridor 
     represents a significant step forward in our efforts to 
     recognize and capture this valuable economic resource. This 
     is an area rich in cultural and natural resources with an 
     important American story to tell. What happened along this 
     corridor set in motion a style of socio-economic development 
     that spread throughout the lower South and Southwest and 
     eventually led to the industrialization of the region as well 
     as war between the states. It tells the story of the 
     development of agriculture, industry and transportation in 
     the South.
       The direct effort from the state level, I have designated 
     the Department of Parks, Recreation and Tourism through its 
     Community Development program, to be responsible for staffing 
     this effort and providing a broad array of support for the 
     South Carolina Heritage Corridor.
       We all recognize the tremendous importance and long-range 
     benefit of the initiative for South Carolina, and are 
     particularly pleased that the proposed area includes your 
     hometown of Edgefield.
       Thank you for your assistance.
           Sincerely,
                                                 David M. Beasley,
                                                         Governor.
                                 ______

      By Mr. MURKOWSKI:
  S. 813. A bill to amend the Pennsylvania Avenue Development 
Corporation Act of 1972 to authorize appropriations for implementation 
of the development plan for Pennsylvania Avenue between the Capitol and 
the White House, and for other purposes; to the Committee on Energy and 
Natural Resources.

     the pennsylvania avenue development corporation amendment act

 Mr. MURKOWSKI. Mr. President, I introduced a bill, at the 
request of the [[Page S6810]] administration, to amend the Pennsylvania 
Avenue Development Corporation Act of 1972, to authorize appropriations 
for implementation of the development plan for Pennsylvania Avenue 
between the Capitol and the White House, and for other purposes.
  The bill, when enacted, would authorize appropriations for salaries 
and expenses for the Pennsylvania Avenue Development Corporation [PADC] 
for fiscal years 1996 and 1997. PADC is the agency which is responsible 
for the revitalization of the Pennsylvania area between the White House 
and the Capitol. Since PADC was created by an act of Congress in 1972, 
it has achieved notable success in transforming America's Main Street 
from ``a scene of desolation,'' in the words of a Presidential 
commission formed in the late 1960's to study the condition of the 
avenue, to a great boulevard worthy of its role in the Nation's history 
and its place in the center of the Nation's Capital City.
  PADC is a successful example of how Government can work in 
partnership with the private sector to achieve beneficial results for 
both. Since PADC's work began, it has spent $120 million in 
appropriations to build new parks, plazas, sidewalks, and other kinds 
of improvements to the public areas and attracted over $1.5 billion in 
private investment to the blocks on the north side of Pennsylvania 
Avenue. From the Willard Hotel to the Canadian Embassy, virtually every 
one of the buildings that one sees in walking or driving down the 
avenue from the Treasury Building to the Capitol has been constructed 
or restored since PADC began its block development program in 1978, 
guided by a master plan approved by Congress in 1975. Now over 20 
privately funded office, retail, hotel, and residential structures 
border a public thoroughfare improved with seven parks and plazas and 
widened sidewalks.
  With only a few blocks remaining uncommitted for development, PADC is 
close to finishing its master plan and is scheduled to terminate 
operation at the end of fiscal year 1997. The bill I am introducing, by 
request of the administration, will allow the PADC's 27-person staff to 
complete its original mission to economically revitalize and beautify 
Pennsylvania Avenue.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                               Pennsylvania Avenue

                                      Development Corporation,

                                   Washington, DC, March 22, 1995.
     Hon. Albert Gore,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: Enclosed is a draft bill, ``To amend 
     the Pennsylvania Avenue Development Corporation Act of 1972 
     to authorize appropriations for implementation of the 
     development plan for Pennsylvania Avenue between the Capitol 
     and the White House, and for other purposes.'' A similar 
     package has been transmitted to the Speaker of the House.
       The draft bill would amend the Pennsylvania Avenue 
     Development Corporation Act of 1972 (86 Stat. 1266, 40 U.S.C. 
     871, as amended) to authorize appropriations of $3,043,000 
     for fiscal year 1996 and such sums as may be necessary for 
     fiscal year 1997 for the operating and administrative 
     expenses of the Pennsylvania Avenue Development Corporation.
       The draft bill is part of the Pennsylvania Avenue 
     Development Corporation's legislative program for the 104th 
     Congress. The Administration recommends the draft bill be 
     introduced, referred to the appropriate committee for 
     consideration, and enacted.
       The Office of Management and Budget advises that there is 
     no objection to the presentation of this legislation for 
     consideration of Congress, and that enactment of the 
     legislation would be in accord with the program of the 
     President.
           Sincerely,
                                                Richard A. Hauser,
                                                 Chairman.
                                 ______

      By Mr. McCAIN (for himself, Mr. Inouye, and Mr. Domenici):
  S. 814. A bill to provide for the reorganization of the Bureau of 
Indian Affairs, and for other purposes; to the Committee on Indian 
Affairs.

            the bureau of indian affairs reorganization act

 Mr. McCAIN. Mr. President, I am pleased to introduce 
legislation to reorganize and restructure the Bureau of Indian Affairs. 
I am very pleased to be joined by Senators Inouye and Domenici as 
original cosponsors of this legislation. This legislation is intended 
to stimulate discussion in the Congress and among the tribes on the 
reorganization of the Bureau of Indian Affairs.
  Since 1834, the Congress, the administration, and the American Indian 
people have tried to reorganize and reform the Bureau of Indian 
Affairs. Like the crusades of history, with each change in 
administration the assembled bureaucrats have gone charging off in one 
direction or another, commissioning studies or writing reports on the 
BIA, downsizing, centralizing, or decentralizing, whatever the 
political whim of the day dictated. From the Meriam Report in 1929 to 
the joint tribal/BIA/DOI reorganization task force report, the Congress 
has commissioned report after report on how to reform the way this 
Nation deals with native Americans and their governments. Since the 
establishment of the BIA in 1824, there have been over 1,050 
investigations, reports, commissions, and studies detailing how the BIA 
should be restructured, reorganized, or reformed. To measure the 
success of all of these efforts, one needs only to look at the 
statistics in the most recent census.
  Nearly one of every three native Americans in this Nation is living 
in poverty. One-half of the families living on reservations are living 
in poverty. One-half of the Indian children under the age of six living 
on reservations are living in poverty. Unemployment on Indian 
reservations exceeds 25 percent. For every $100 earned by U.S. 
families, Indian families earn $62. The per capital income for an 
Indian living on the reservation is $4,478. There are approximately 
90,000 Indian families who are homeless or underhoused. Nearly one in 
five Indian families living on the reservation are classified as 
severely overcrowded. One out of every five Indian homes lack complete 
plumbing facilities. These simple conveniences, that the rest of us 
take for granted, remain out of the grasp of many Indian families.
  Since its creation in 1824, native Americans have relied on the 
Bureau of Indian Affairs as the principle agency of the Federal 
Government which is responsible for meeting this Nation's trust 
responsibility to American Indians and Alaska Natives. And yet based on 
its own studies and investigations, the Bureau of Indian Affairs has 
failed miserably in carrying out this Nation's solemn obligations to 
American Indians. If the health, social, and economic conditions on 
Indian reservations are the measure of our performance as the trustee 
for American Indians, then as a nation we have failed miserably.
  It is time to change the way this Nation deals with American Indians. 
It is time to bring an end to the long and dismal history of the 
failures of the Federal Government to carry out its trust 
responsibilities to American Indians. It is time to break down the 
barriers to true tribal self-governance and self-determination by 
providing Indian tribes with the authority to design both the structure 
and function of its trustee, the Bureau of Indian Affairs. I remain 
convinced that we will not make significant improvements in the living 
conditions on most reservations without a major reform of the Bureau of 
Indian Affairs.
  Today, I am introducing legislation which will provide Indian tribes 
with the authority to reorganize and restructure the Bureau of Indian 
Affairs at each level of the government. It provides Indian tribes with 
the ability to tailor the Bureau of Indian Affairs to meet their unique 
circumstances and needs. It will allow tribes to shape and redefine the 
trust relationship with the Federal Government.
  This legislation is the culmination of over 4 years of work by Indian 
tribes, the administration, and the Congress. This bill reflects the 
recommendations of the joint tribal/BIA/DOI reorganization task force, 
which was established at the direction of former Interior Secretary 
Lujan. Over the course of 4 years, the task force held 22 meetings 
across all parts of Indian country to develop their recommendations for 
the reorganization of the Bureau of Indian Affairs. These 
recommendations fall into four general categories: Organizational 
reform, regulatory reform, education reform, and budget reform. The 
guiding principles established by the joint tribal/BIA/DOI 
reorganization task force are to decentralize decisionmaking of the 
Bureau of Indian Affairs, to provide maximum funding to Indian tribes 
for service delivery, to maintain [[Page S6811]] the flexibility of the 
area/agency organizational design, to establish well-defined Federal 
and tribal roles at all levels of the bureaucracy, and to create a 
tribal-Federal consultation process to govern all aspects of the 
reorganization.
  The legislation I am introducing closely adheres to the spirit and 
intent of the report of the joint tribal/BIA/DOI reorganization task 
force. This bill will provide for the reorganization of the BIA at the 
agency, area and central offices with savings attendant to such 
reorganization to be allocated to the tribes. It will provide for the 
transfer or delegation of decisionmaking authority to the tribe or the 
agency level of the BIA, consistent with the principles of self-
governance and self-determination. The bill provides the authority to 
Indian tribes to develop, in negotiations with the Interior Department, 
reorganization plans for the area and agency offices of the Bureau of 
Indian Affairs. These plans may include a reorganization of BIA 
organizational structures, reallocation of personnel, delegations of 
secretarial authority, transfers of functions, waivers of regulations 
or other authorities, reordering of funding priorities, and the 
transfer of any savings realized by such reorganization directly to the 
tribes.
  The bill also provides for the reorganization of the central office 
of the BIA so that Indian tribes from each area office can determine 
how the central office resources used to provide services to their area 
should be allocated. Tribes in each area of the BIA will be able to 
determine what services will be provided by the central office, what 
funds and authorities should be distributed or delegated to the area 
and agency offices and what funds and authorities should be distributed 
or delegated to the tribes themselves. Finally, the bill will require 
the Secretary to repeal the provisions of the BIA manual. Any provision 
of the BIA manual which are deemed necessary will have to be 
promulgated as regulations subject to review and comment. The bill will 
also provide for the establishment of a tribal task force to recommend 
regulatory reforms in title 25 of the Code of Federal Regulations.
  The introduction of this legislation marks only the first step in 
carrying out the commitment made to Indian tribes when the joint 
tribal/BIA/DOI reorganization task force was first chartered. I remain 
committed to work with Indian tribes and the administration to realize 
the vision of those tribal leaders who met for hundreds of hours in 
developing recommendations to bring real and necessary change to the 
Bureau of Indian Affairs. I look forward to full and complete 
discussions with tribal leaders on this legislation and I urge all of 
our colleagues to join with us to ensure prompt enactment of 
legislation to reorganize the Bureau of Indian Affairs.
  Mr. President, I ask unanimous consent that the full text of the bill 
and the accompanying section-by-section analysis appear in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                 S. 814

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

     SECTION 1. SHORT TITLE, TABLE OF CONTENTS, AND DEFINITIONS.

       (a) Short Title.--This Act may be cited as the ``Bureau of 
     Indian Affairs Reorganization Act of 1995''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title, definitions, and table of contents.

                    TITLE I--REORGANIZATION COMPACTS

Sec. 101. Reorganization of area offices.
Sec. 102. Reorganization of agency offices.
Sec. 103. Reorganization of central office.
Sec. 104. Savings provisions.
Sec. 105. Additional conforming amendments.
Sec. 106. Authorization of appropriations.
Sec. 107. Effective date.
Sec. 108. Separability.
Sec. 109. Suspension of certain administrative actions.
Sec. 110. Statutory construction.

        TITLE II--AMENDMENT TO THE INDIAN SELF-DETERMINATION ACT

Sec. 201. Budget development.

  TITLE III--REFORM OF THE REGULATIONS OF THE BUREAU OF INDIAN AFFAIRS

Sec. 301. BIA Manual.
Sec. 302. Task force.
Sec. 303. Authorization of appropriations.
       (c) Definitions.--For purposes of this Act, the following 
     definitions shall apply:
       (1) Area office.--The term ``area office'' means 1 of the 
     12 area offices of the Bureau of Indian Affairs.
       (2) Area office plan.--The term ``area office plan'' means 
     a plan for the reorganization of an area office negotiated by 
     the Secretary and Indian tribes pursuant to section 101.
       (3) Agency office.--The term ``agency office'' means an 
     agency office of the Bureau of Indian Affairs.
       (4) Agency office plan.--The term ``agency office plan'' 
     means a plan for the reorganization of an agency office 
     negotiated by the Secretary and Indian tribes pursuant to 
     section 102.
       (5) BIA manual.--The term ``BIA Manual'' means the most 
     recent edition of the Bureau of Indian Affairs Manual issued 
     by the Department of the Interior.
       (6) Bureau.--The term ``Bureau'' means the Bureau of Indian 
     Affairs.
       (7) Central office.--The term ``central office'' means the 
     central office of the Bureau, that is housed in the offices 
     of the Department in Washington, D.C. and in Albuquerque, New 
     Mexico.
       (8) Central office plan.--The term ``central office plan'' 
     means the plan for the reorganization of the central office 
     negotiated by the Secretary and Indian tribes pursuant to 
     section 103.
       (9) Department.--The term ``Department'' means the 
     Department of the Interior.
       (10) Director.--The term ``Director'' means, with respect 
     to an area office, the Director of the area office.
       (11) Function.--The term ``function'' means any duty, 
     obligation, power, authority, responsibility, right, 
     privilege, activity, or program.
       (12) Indian tribe.--The term ``Indian tribe'' has the same 
     meaning as in section 4(e) of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450b(e)).
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (14) Superintendent.--The term ``Superintendent'' means the 
     Superintendent of an agency office.
       (15) Tribal priority allocation account.--The term ``tribal 
     priority allocation account'', means an account so designated 
     by the Bureau, with respect to which program priorities and 
     funding levels are established by individual Indian tribes.
       (16) Tribal recurring base funding.--The term ``tribal 
     recurring base funding'' means recurring base funding (as 
     defined and determined by the Secretary) for the tribal 
     priority allocation accounts of an Indian tribe allocated to 
     a tribe by the Bureau.
                    TITLE I--REORGANIZATION COMPACTS
     SEC. 101. REORGANIZATION OF AREA OFFICES.

       (a) In General.--Notwithstanding any other provision of 
     law, not later than 120 days after the date of enactment of 
     this Act, the Secretary shall enter into negotiations with 
     the Indian tribes served by each area office to prepare a 
     reorganization plan for the area office.
       (b) Contents of Area Office Plans.--
       (1) In general.--Each area office plan that is prepared 
     pursuant to this subsection shall provide for the 
     organization of the area office covered under the plan. To 
     the extent that the majority of Indian tribes served by the 
     area office do not exercise the option to maintain current 
     organizational structures, functions, or funding priorities 
     pursuant to paragraph (2), the reorganization plan shall 
     provide, with respect to the area office covered under the 
     plan, for--
       (A) the reorganization of the administrative structure of 
     the area office;
       (B) the reallocation of personnel (including determinations 
     of office size and functions);
       (C) the delegation of authority of the Secretary to the 
     Director;
       (D) transfers of functions;
       (E) the specification of functions--
       (i) retained by the Bureau; or
       (ii) transferred to Indian tribes served by the area 
     office;
       (F) the issuance of waivers or other authorities by the 
     Secretary so that functions and other responsibilities of the 
     Secretary may be carried out by the area office or 
     transferred to Indian tribes;
       (G) the promulgation of revised regulations relating to the 
     functions of the area office that are performed by the area 
     office or transferred to Indian tribes;
       (H) the reordering of funding priorities; and
       (I) a formula for the transfer, to the tribal recurring 
     base funding for each Indian tribe served by the area office, 
     of unexpended balances of appropriations and other Federal 
     funds made available to the area office in connection with 
     any function transferred to Indian tribes pursuant to 
     subparagraph (E)(ii).
       (2) Share of funding.--An area office plan may include, for 
     each Indian tribe served by the area office, a determination 
     of the share of the Indian tribe of the funds used by the 
     area office to carry out programs, services, functions and 
     activities of the tribe (referred to in this subsection as 
     the ``tribal share'').
       (3) Option of maintenance of current status.--At the option 
     of a majority of the Indian tribes served by an area office, 
     a reorganization plan may provide for the continuation of 
     organizational structures, functions, or funding priorities 
     of the area office that are substantially similar to those in 
     effect at the time of the development of the area office 
     plan. [[Page S6812]] 
       (4) Approval of area office plan by indian tribes.--Upon 
     completion of the negotiation of an area office plan, the 
     Secretary shall submit the plan to the Indian tribes served 
     by the area office for approval. If a majority of the Indian 
     tribes approve the area office plan by a tribal resolution 
     pursuant to the applicable procedures established by the 
     Indian tribes, the Secretary shall enter into a 
     reorganization compact pursuant to subsection (c).
       (5) Single tribe area office.--In an area office that 
     serves only 1 Indian tribe, if the tribe elects to develop a 
     reorganization plan for the area office, the Secretary shall 
     enter into negotiations with the tribe to prepare a 
     reorganization plan for the area office. Not later than 60 
     days after the date on which a reorganization plan referred 
     to in the preceding sentence is approved by the Indian tribe, 
     the Secretary shall enter into a reorganization compact with 
     the tribe to carry out the area office plan.
       (6) Option to take tribal share.--
       (A) In general.--If a majority of the Indian tribes served 
     by an area office fail to approve an area office plan, an 
     Indian tribe may elect to receive directly the tribal share 
     of the Indian tribe.
       (B) Determination of tribal share.--If an Indian tribe 
     elects to receive a tribal share under subparagraph (A), the 
     Secretary shall enter into negotiations with the Indian tribe 
     to determine the tribal share of the Indian tribe.
       (C) Agreement.--Upon the determination of a tribal share of 
     an Indian tribe under subparagraph (B), the Secretary shall 
     enter into an agreement with the Indian tribe for 
     transferring directly to the Indian tribe an amount equal to 
     the tribal share. The agreement shall include--
       (i) a determination of the amount of residual Federal funds 
     to be retained by the Secretary for the area office; and
       (ii) the responsibilities of--

       (I) the area office; and
       (II) the Indian tribe.

       (c) Area Office Reorganization Compact.--
       (1) In general.--Not later than 60 days after the date on 
     which a majority of the Indian tribes served by the area 
     office that is the subject of a reorganization plan have 
     approved the plan pursuant to subsection (b)(3), the 
     Secretary shall enter into an area office reorganization 
     compact with the Indian tribes to carry out the area office 
     plan (referred to in this subsection as the ``area office 
     reorganization compact''). The Secretary may not implement 
     the area office plan until such time as the Indian tribes 
     have entered into an area office reorganization compact with 
     the Secretary pursuant to this paragraph. If the Indian 
     tribes do not enter into an area office reorganization 
     compact with the Secretary pursuant to this paragraph, the 
     organizational structure, functions, and funding priorities 
     of the area office in effect at the time of the development 
     of the area office plan shall remain in effect.
       (2) Prohibition against certain limitations.--With respect 
     to an Indian tribe that is not a party to an area office 
     reorganization compact entered into by the Secretary under 
     this subsection, nothing in this section may limit or reduce 
     the level of any service or funding that the Indian tribe is 
     entitled to pursuant to applicable Federal law (including any 
     contract that the Indian tribe is entitled to enter into 
     pursuant to applicable Federal law).

     SEC. 102. REORGANIZATION OF AGENCY OFFICES.

       (a) In General.--Notwithstanding any other provision of 
     law, not later than 120 days after the date of enactment of 
     this Act, the Secretary, acting through the Superintendent 
     (or a designee of the Superintendent) of each agency office, 
     shall enter into negotiations with the Indian tribes served 
     by each agency office to prepare an agency office plan for 
     each agency office.
       (b) Contents of Agency Office Plans.--
       (1) In general.--Each agency office plan that is prepared 
     by the Secretary pursuant to this subsection shall provide 
     for the organization of the agency office covered under the 
     plan. To the extent that the majority of Indian tribes served 
     by the agency office do not exercise the option to maintain 
     current organizational structures, functions, or funding 
     priorities pursuant to paragraph (2), the agency office plan 
     shall provide, with respect to the agency office covered 
     under the agency office plan, for--
       (A) the reorganization of the administrative structure of 
     the agency office;
       (B) the reallocation of personnel (including determinations 
     of office size and functions);
       (C) the delegation of authority of the Secretary to the 
     Superintendent;
       (D) transfers of functions;
       (E) the specification of functions--
       (i) retained by the Bureau; or
       (ii) transferred to Indian tribes served by the agency 
     office;
       (F) the issuance of waivers or other authorities by the 
     Secretary so that functions and other responsibilities of the 
     Secretary may be carried out by the agency office or 
     transferred to Indian tribes;
       (G) the promulgation of revised regulations relating to the 
     functions of the agency office that are carried by the agency 
     office or transferred to Indian tribes;
       (H) the reordering of funding priorities; and
       (I) a formula for the transfer, to the tribal recurring 
     base funding for each Indian tribe served by the agency 
     office, of unexpended balances of appropriations and other 
     Federal funds made available to the agency office in 
     connection with any function transferred to Indian tribes 
     pursuant to subparagraph (E)(ii).
       (2) Share of funding.--An agency office plan may include, 
     for each Indian tribe served by the agency office, a 
     determination of the share of the Indian tribe of the funds 
     used by the agency office to carry out programs, services, 
     functions and activities of the tribe (referred to in this 
     subsection as the ``tribal share'').
       (3) Option of maintenance of current status.--At the option 
     of a majority of the Indian tribes served by an agency 
     office, an agency office plan may provide for the 
     continuation of organizational structures, functions, or 
     funding priorities of the agency office that are 
     substantially similar to those in effect at the time of the 
     development of the agency office plan.
       (4) Approval of agency office plan by indian tribes.--Upon 
     completion of the negotiation of an agency office plan, the 
     Secretary shall submit the agency office plan to the Indian 
     tribes served by the agency office for approval. If a 
     majority of the Indian tribes approve the agency office plan 
     by a tribal resolution pursuant to the applicable procedures 
     established by the Indian tribes, the Secretary shall enter 
     into a reorganization compact pursuant to subsection (c).
       (5) Single tribe agency office.--In an agency office that 
     serves only 1 Indian tribe, if the tribe elects to develop a 
     reorganization plan for the agency office, the Secretary 
     shall enter into negotiations with the tribe to prepare a 
     reorganization plan for the agency office. Not later than 60 
     days after the date on which a reorganization plan referred 
     to in the preceding sentence is approved by the Indian tribe, 
     the Secretary shall enter into a reorganization compact with 
     the tribe to carry out the agency office plan.
       (6) Option to take tribal share.--
       (A) In general.--If a majority of the Indian tribes served 
     by an agency office fail to approve an agency office plan, an 
     Indian tribe may elect to receive directly the tribal share 
     of the Indian tribe.
       (B) Determination of tribal share.--If an Indian tribe 
     elects to receive a tribal share under subparagraph (A), the 
     Secretary shall enter into negotiations with the Indian tribe 
     to determine the tribal share of the Indian tribe.
       (C) Agreement.--Upon the determination of a tribal share of 
     an Indian tribe under subparagraph (B), the Secretary shall 
     enter into an agreement with the Indian tribe for 
     transferring directly to the Indian tribe an amount equal to 
     the tribal share. The agreement shall include--
       (i) a determination of the amount of residual Federal funds 
     to be retained by the Secretary for the agency office; and
       (ii) the responsibilities of--

       (I) the agency office; and
       (II) the Indian tribe.

       (c) Agency Office Reorganization Compacts.--
       (1) In general.--Not later than 60 days after the date on 
     which a majority of the Indian tribes served by the agency 
     office that is the subject of an agency office plan have 
     approved the agency office plan pursuant to subsection 
     (b)(3), the Secretary shall enter into a reorganization 
     compact with the Indian tribes to carry out the agency office 
     plan (referred to in this subsection as the ``agency office 
     reorganization compact''). The Secretary may not implement 
     the agency office plan until such time as the Indian tribes 
     have entered into an agency office reorganization compact 
     with the Secretary pursuant to this paragraph. If the Indian 
     tribes do not enter into an agency office reorganization 
     compact with the Secretary pursuant to this paragraph, the 
     organizational structure, functions, and funding priorities 
     of the agency office in effect at the time of the development 
     of the agency office plan shall remain in effect.
       (2) Prohibition against certain limitations.--With respect 
     to an Indian tribe that is not a party to an agency office 
     reorganization compact entered into under this subsection, 
     nothing in this section may limit or reduce the level of any 
     service or funding that the Indian tribe is entitled to 
     pursuant to applicable Federal law (including any contract 
     that the Indian tribe is entitled to enter into pursuant to 
     applicable Federal law).
       (3) Coordination with area office plans.--Each agency 
     office reorganization compact entered into by the Secretary 
     under this subsection shall specify that in the event that 
     the Secretary determines that the agency office 
     reorganization compact is inconsistent with an area office 
     reorganization compact entered into under section 101(c), the 
     Secretary, in consultation with the Indian tribes that are 
     parties to the compact, shall make such amendments to the 
     agency office reorganization compact entered into under this 
     subsection as are necessary to ensure consistency with the 
     applicable area office plan.

     SEC. 103. REORGANIZATION OF CENTRAL OFFICE.

       (a) In General.--Notwithstanding any other provision of 
     law, not later than 120 days after the date of enactment of 
     this Act, the Secretary shall enter into negotiations with 
     Indian tribes to develop a central office plan. In developing 
     the plan, the Secretary shall enter into negotiations on an 
     area-by-area basis with a representative from each of the 
     Indian tribes in each area, to determine [[Page S6813]] the 
     appropriate allocation of personnel and funding made 
     available to the central office to serve the area and agency 
     offices and Indian tribes in each area office.
       (b) Content of Central Office Plan.--
       (1) In general.--The central office plan shall provide for 
     determinations by the Secretary, on the basis of the 
     negotiations described in subparagraph (a), concerning--
       (A) which portion of the funds made available to the 
     Secretary for the central office shall--
       (i) be used to support the area and agency offices in each 
     area; and
       (ii) be considered excess funds that may be allocated 
     directly to Indian tribes in each area pursuant to a formula 
     developed pursuant to paragraph (2)(J); and
       (B) the allocation of the personnel of the central office 
     to provide support to the area and agency offices.
       (2) Reallocation of funds and personnel.--In developing the 
     central office plan, to the extent that the Secretary and the 
     Indian tribes do not exercise the option to maintain current 
     organizational structures, functions, or funding priorities, 
     the central office plan shall provide, to the extent 
     necessary to accommodate the determinations made under 
     paragraph (1), for--
       (A) the reorganization of the administrative structure of 
     the central office;
       (B) the reallocation of personnel (including determinations 
     of office size and functions);
       (C) the delegation of authority of the Secretary carried 
     out through the central office to the Directors, 
     Superintendents, or Indian tribes;
       (D) transfers of functions;
       (E) the specification of functions--
       (i) retained by the central office; or
       (ii) transferred to area offices, agency offices or Indian 
     tribes;
       (F) the issuance of waivers or other authorities by the 
     Secretary so that functions and other responsibilities of the 
     Secretary may be carried out by the central office or 
     transferred to area offices, agency offices, or Indian 
     tribes;
       (G) the promulgation of revised regulations relating to the 
     functions of the central office that are carried by the 
     central office or transferred to area offices, agency 
     offices, or Indian tribes;
       (H) the reordering of funding priorities;
       (I) allocation formulas to provide for the remaining 
     services to be provided to the area and agency offices and 
     Indian tribes by the central office; and
       (J) with respect to the allocation of funds to the area and 
     agency offices and Indian tribes in each area, a formula, 
     negotiated with the tribal representatives identified in 
     subsection (a), for the allocation to the Indian tribes of a 
     portion of excess funds described in paragraph (1)(A)(ii).
       (c) Central Office Reorganization Compacts.--
       (1) In general.--Not later than 60 days after the Secretary 
     develops a central office plan pursuant to subsection (a), 
     the Secretary shall, for each area office, enter into a 
     central office reorganization compact with the Indian tribes 
     in that area to implement the central office plan (referred 
     to in this subsection as the ``central office reorganization 
     compact''). The Secretary may not implement the component of 
     a central office plan relating to an area until such time as 
     a majority of the Indian tribes in that area have entered 
     into a central office reorganization compact. If a majority 
     of the Indian tribes in an area do not enter into a central 
     reorganization compact with the Secretary pursuant to this 
     paragraph, the organizational structure, functions, and 
     funding priorities of the central office relating to the area 
     and agency offices and Indian tribes in that area and in 
     effect at the time of the development of the central office 
     plan shall remain in effect.
       (2) Coordination with area and agency office plans.--Each 
     central office reorganization compact entered into by the 
     Secretary under this subsection shall specify that in the 
     event the Secretary determines that a central office 
     reorganization compact is inconsistent with a related area 
     office reorganization compact entered into under section 
     101(c) or a related agency office reorganization compact 
     entered into under section 102(c), the Secretary, in 
     consultation with the Indian tribes that are parties to the 
     central office reorganization compact, shall amend the 
     compact to make such modifications as are necessary to ensure 
     consistency with the applicable area or agency office plan.

     SEC. 104. SAVINGS PROVISIONS.

       (a) In General.--All orders, determinations, rules, 
     regulations, permits, agreements, grants, contracts, 
     certificates, licenses, registrations, privileges, and other 
     administrative actions--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of any function that is transferred to Indian 
     tribes pursuant to a reorganization compact that the 
     Secretary enters into pursuant to section 101, 102, or 103; 
     and
       (2) that are in effect on the effective date of the 
     reorganization compact, or were final before the effective 
     date of the reorganization compact and are to become 
     effective on or after such date;

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the Secretary, or other 
     authorized official, a court of competent jurisdiction, or by 
     operation of law.
       (b) Proceedings Not Affected.--
       (1) In general.--The provisions of a reorganization compact 
     that the Secretary enters into pursuant to section 101, 102, 
     or 103 shall not affect any proceedings, including notices of 
     proposed rulemaking, or any application for any license, 
     permit, certificate, or financial assistance pending before 
     the Bureau at the time the reorganization compact takes 
     effect, with respect to the functions transferred by the 
     reorganization compact.
       (2) Continuation of proceedings.--The proceedings and 
     applications referred to in paragraph (1) shall be continued. 
     Orders shall be issued in such proceedings, appeals shall be 
     taken from such orders, and payments shall be made pursuant 
     to such orders, as if the compact had not been entered into, 
     and orders issued in any such proceedings shall continue in 
     effect until modified, terminated, superseded, or revoked by 
     a duly authorized official, by a court of competent 
     jurisdiction, or by operation of law.
       (3) Statutory construction.--Nothing in this subsection 
     shall be deemed to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this title had not been 
     enacted.
       (c) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the Bureau or by or 
     against any individual in the official capacity of such 
     individual as an officer of the Bureau shall abate by reason 
     of the enactment of this title.

     SEC. 105. ADDITIONAL CONFORMING AMENDMENTS.

       (a) Recommended Legislation.--After consultation with 
     Indian tribes, the appropriate committees of the Congress and 
     the Director of the Office of Management and Budget, the 
     Secretary shall prepare and submit to the Congress 
     recommended legislation containing technical and conforming 
     amendments to reflect the changes made pursuant to this 
     title.
       (b) Submission to the Congress.--Not later than 120 days 
     after the effective date of this title, the Secretary shall 
     submit to the Congress the recommended legislation referred 
     to in subsection (a).

     SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this title.

     SEC. 107. EFFECTIVE DATE.

       This title shall take effect on the date of enactment of 
     this Act.

     SEC. 108. SEPARABILITY.

       If a provision of this title or its application to any 
     person or circumstance is held invalid, neither the remainder 
     of this title nor the application of the provision to other 
     persons or circumstances shall be affected.

     SEC. 109. SUSPENSION OF CERTAIN ADMINISTRATIVE ACTIONS.

       (a) In General.--Notwithstanding any other provision of 
     law, during the 2-year period beginning on the date of 
     enactment of this Act, the Secretary shall suspend the 
     implementation of all administrative activities that affect 
     the Bureau of Indian Affairs associated with 
     reinventing government, national performance 
     review, or other downsizing initiatives.
       (b) Consideration of Compacts.--During the period specified 
     in subsection (a), the reorganization compacts entered into 
     under this title shall be deemed to satisfy the goals of the 
     initiatives referred to in subsection (a).

     SEC. 110. STATUTORY CONSTRUCTION.

       Nothing in this title may be construed to alter or diminish 
     the Federal trust responsibility to Indian tribes, individual 
     Indians, or Indians with trust allotments.
        TITLE II--AMENDMENT TO THE INDIAN SELF-DETERMINATION ACT

     SEC. 201. BUDGET DEVELOPMENT.

       The Indian Self-Determination Act (25 U.S.C. 450f et seq.), 
     as amended by the Tribal Self-Governance Act of 1994, is 
     amended by adding at the end the following new title:
                     ``TITLE V--BUDGET DEVELOPMENT

     ``SEC. 501. PARTICIPATION OF INDIAN TRIBES IN THE DEVELOPMENT 
                   OF BUDGET REQUESTS.

       ``(a) Budget Requests for the Bureau of Indian Affairs.--
     Notwithstanding any other provision of law, not later than 
     120 days after the date of enactment of this title, the 
     Secretary of the Interior shall establish a program--
       ``(1) to provide information to Indian tribes concerning 
     the development of budget requests for the Bureau of Indian 
     Affairs that are submitted to the President by the Secretary 
     of the Interior for inclusion in the annual budget of the 
     President submitted to the Congress pursuant to section 1108 
     of title 31, United States Code; and
       ``(2) to ensure, to the maximum extent practicable, the 
     participation by each Indian tribe in the development of the 
     budget requests referred to in paragraph (1).
       ``(b) Budget Requests for the Indian Health Service.--
     Notwithstanding any other provision of law, not later than 
     120 days after the date of enactment of this title, the 
     Secretary of Health and Human Services shall establish a 
     program--
       ``(1) to provide information to Indian tribes concerning 
     the development of budget requests by the Secretary of Health 
     and Human Services for the Indian Health Service that are 
     submitted to the President by [[Page S6814]] the Secretary 
     for inclusion in the annual budget referred to in subsection 
     (a)(1); and
       ``(2) to ensure, to the maximum extent practicable, the 
     participation by each Indian tribe in the development of the 
     budget requests referred to in paragraph (1).
       ``(c) Requirements for Programs.--
       ``(1) In general.--Each program established under this 
     section shall, to the maximum extent practicable--
       ``(A) provide for the estimation of--
       ``(i) the funds authorized to be appropriated on an annual 
     basis for the benefit of Indians tribes; and
       ``(ii) for each Indian tribe, the portion of the funds 
     described in clause (i) that will be provided for the benefit 
     of the Indian tribe;
       ``(B) provide, for each Indian tribe--
       ``(i) the opportunity to establish priorities for using the 
     estimated funds described in subparagraph (A)(ii); and
       ``(ii) flexibility in the design of tribal and Federal 
     programs that receive Federal funds to best meet the needs of 
     the community served by the Indian tribe; and
       ``(C) provide for the collection and dissemination of 
     information that is necessary for effective planning, 
     evaluation, and reporting by the Secretary of the Interior or 
     the Secretary of Health and Human Services and Indian tribes 
     concerning the comparative social and public health 
     conditions of Indian communities (as defined and determined 
     by the Secretary of the Interior and the Secretary of Health 
     and Human Services) at local, regional, and national levels.
       ``(2) Duties of the secretaries.--In carrying out the 
     programs established under this section, the Secretary of the 
     Interior and the Secretary of Health and Human Services 
     shall--
       ``(A) use any information provided by Indian tribes 
     concerning the priorities referred to in paragraph (1)(B);
       ``(B) support the creation of stable recurring base funding 
     (as defined and determined by each such Secretary) for each 
     Indian tribe;
       ``(C) seek to maintain stability in the planning and 
     allocation of the amounts provided for in the budget of the 
     Bureau of Indian Affairs and the Indian Health Service for 
     Indian tribes; and
       ``(D) assess the Federal programs or assistance provided to 
     each Indian tribe to determine--
       ``(i) the relative need for providing Federal funds to 
     carry out each such program; and
       ``(ii) the amount of recurring base funding available to 
     each Indian tribe to carry out each such program.
       ``(3) Contracts, grants, and annual funding agreements.--To 
     provide, to the maximum extent practicable, for the full 
     participation by the governing bodies of Indian tribes on an 
     effective government-to-government basis in carrying out the 
     collection and sharing of information under this section, the 
     Secretary of the Interior or the Secretary of Health and 
     Human Services may--
       ``(A) enter into a self-determination contract with an 
     Indian tribe or make a grant to an Indian tribe pursuant to 
     section 102 or 103;
       ``(B) with respect to the Secretary of Health and Human 
     Services, enter into a funding agreement with a participating 
     Indian tribe pursuant to title III; and
       ``(C) with respect to the Secretary of the Interior, enter 
     into a funding agreement with a participating Indian tribe 
     pursuant to title IV.

     ``SEC. 502. ASSESSMENT METHODOLOGY.

       ``(a) In General.--Not later than 180 days after the date 
     of enactment of this title, the Secretary shall, in 
     cooperation with Indian tribes, and in accordance with the 
     negotiated rulemaking procedures under subchapter III of 
     chapter 5 of title 5, United States Code, promulgate 
     standardized assessment methodologies to be used in carrying 
     out any budget determination for the Bureau of Indian Affairs 
     concerning the levels of funding that are necessary to fund 
     each program area (as defined and determined by the 
     Secretary) of the Bureau.
       ``(b) Participation by Indian Tribes.--In carrying out 
     subsection (a), the Secretary shall take such action as may 
     be necessary to ensure, to the maximum extent practicable, 
     the direct and active participation of Indian tribes at the 
     local, regional, and national levels in the negotiated 
     rulemaking process specified in subchapter III of chapter 5 
     of title 5, United States Code.
       ``(c) Committee.--
       ``(1) Composition.--The negotiated rulemaking committee 
     established pursuant to section 565 of title 5, United States 
     Code, to carry out subsection (a) shall only be comprised 
     of--
       ``(A) individuals who represent the Federal Government; and
       ``(B) individuals who represent Indian tribes.
       ``(2) Representation by indian tribes.--A majority of the 
     members of the committee referred to in paragraph (1) shall 
     be individuals who represent Indian tribes.
       ``(d) Adaptation of Procedures.--The Secretary shall adapt 
     the negotiated rulemaking procedures carried out under this 
     section in the same manner as the Secretary adapts, in 
     accordance with section 407(c), the procedures carried out 
     pursuant to section 407.

     ``SEC. 503. REPORTS TO THE CONGRESS.

       ``(a) Report on Budget Needs.--Not later than the earliest 
     date after the date of promulgation of the regulations under 
     section 502 on which the Secretary of the Interior submits a 
     budget request to the President for inclusion in the annual 
     budget of the President submitted to the Congress pursuant to 
     section 1108 of title 31, United States Code, and annually 
     thereafter, the Secretary shall prepare and submit to the 
     President a report that--
       ``(1) describes the standardized methodologies that are the 
     subject of the regulations promulgated pursuant to section 
     502; and
       ``(2) includes--
       ``(A) for each program area of the Bureau of Indian 
     Affairs, an assessment of the level of funding that is 
     necessary to fund the program area; and
       ``(B) for each Indian tribe served by a program area 
     referred to in paragraph (2)--
       ``(i) an assessment of the level of funding that is 
     necessary for each Indian tribe served by the program area;
       ``(ii) the total amount of funding necessary to cover all 
     program areas with respect to which the tribe receives 
     services (as determined by taking the aggregate of the 
     applicable amounts determined under paragraph (3)); and
       ``(iii) a breakdown, for each program area with respect to 
     which the Indian tribe receives service, of the amount 
     determined under clause (ii).

     ``SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as may 
     be necessary to carry out this title.''.
  TITLE III--REFORM OF THE REGULATIONS OF THE BUREAU OF INDIAN AFFAIRS

     SEC. 301. BIA MANUAL.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall--
       (1) conduct a review of all provisions of the BIA Manual;
       (2) promulgate as proposed regulations those provisions of 
     the BIA Manual that the Secretary deems necessary for the 
     efficient implementation of the Federal functions retained by 
     the Bureau under the reorganization compacts authorized by 
     this Act; and
       (3) revoke all provisions of the BIA Manual that are not 
     promulgated as proposed regulations under paragraph (2).
       (b) Consultation With Indian Tribes.--In carrying out 
     subsection (a), the Secretary shall, to the maximum extent 
     practicable, consult with Indian tribes in such manner as to 
     provide for the full participation of Indian tribes.

     SEC. 302. TASK FORCE.

       (a) Establishment of Task Force.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall establish a task 
     force on regulatory reform (referred to in this section as 
     the ``task force'').
       (2) Duties.--The task force shall--
       (A) review the regulations under title 25, Code of Federal 
     Regulations; and
       (B) make recommendations concerning the revision of the 
     regulations.
       (3) Membership.--The task force shall be composed of 16 
     members, including 12 members who are representatives of 
     Indian tribes from each of the 12 areas served by area 
     offices.
       (4) Initial meeting.--Not later than 60 days after the date 
     on which all members of the task force have been appointed, 
     the task force shall hold its first meeting.
       (5) Meetings.--The task force shall meet at the call of the 
     Chairperson.
       (6) Quorum.--A majority of the members of the task force 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (7) Chairperson.--The task force shall select a Chairperson 
     from among its members.
       (b) Reports.--
       (1) Reports to secretary.--The task force shall submit to 
     the Secretary such reports as the Secretary determines to be 
     appropriate.
       (2) Reports to the congress and to indian tribes.--In 
     addition to submitting the reports described in paragraph 
     (1), not later than 120 days after its initial meeting, the 
     task force shall prepare, and submit to the Congress and to 
     the governing body of each Indian tribe, a report that 
     includes--
       (A) the findings of the task force concerning the review 
     conducted pursuant to subsection (a)(2)(A); and
       (B) the recommendations described in subsection (a)(2)(B).
       (c) Powers of the Task Force.--
       (1) Hearings.--The task force may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the task force considers advisable 
     to carry out the duties of the task force specified in 
     subsection (a)(2).
       (2) Information from federal agencies.--The task force may 
     secure directly from any Federal department or agency such 
     information as the task force considers necessary to carry 
     out the duties of the task force specified in subsection 
     (a)(2).
       (3) Postal services.--The task force may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (4) Gifts.--The task force may accept, use, and dispose of 
     gifts or donations of services or property.
       (d) Task Force Personnel Matters.--
       (1) Compensation of members.--Each member of the task force 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     [[Page S6815]] States Code, for each day (including travel 
     time) during which such member is engaged in the performance 
     of the duties of the task force. All members of the task 
     force who are officers or employees of the United States 
     shall serve without compensation in addition to that received 
     for their services as officers or employees of the United 
     States.
       (2) Travel expenses.--The members of the task force shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the task force.
       (3) Staff.--
       (A) In general.--The Chairperson of the task force may, 
     without regard to the civil service laws, appoint and 
     terminate such personnel as may be necessary to enable the 
     task force to perform its duties.
       (B) Procurement of temporary and intermittent services.--
     The Chairperson of the task force may procure temporary and 
     intermittent service under section 3109(b) of title 5, United 
     States Code, at rates for individuals that do not exceed the 
     daily equivalent of the annual rate of basic pay prescribed 
     for level V of the Executive Schedule under section 5316 of 
     such title.
       (e) Termination of Task Force.--The task force shall 
     terminate 30 days after the date on which the task force 
     submits its reports to the Congress and to Indian tribes 
     under subsection (b)(2).
       (f) Exemption From Federal Advisory Committee Act.--All of 
     the activities of the task force conducted under this title 
     shall be exempt from the Federal Advisory Committee Act (5 
     U.S.C. App.).
       (g) Prohibition.--Beginning on the date of enactment of 
     this Act, the Secretary may not--
       (1) promulgate any unpublished regulation or agency 
     guidance that affects Indian tribes; or
       (2) impose any nonregulatory requirement that affects 
     Indian tribes.

     SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this title.
                                                                    ____

                      Section-by-Section Analysis

                              section one

       Section 1 cites the short title of the Act as the Bureau of 
     Indian Affairs Reorganization Act of 1995. This section sets 
     forth the table of contents for the Act and the definitions 
     used in the Act.

                    Title I--Reorganization compacts

                  section 101. reorganization compacts

       Section 101 of the Act provides that not later than 120 
     days after enactment, the Secretary shall enter into 
     negotiations with the Indian tribes served by each area 
     office of the BIA to prepare a reorganization plan for the 
     area office.
       Subsection (b) of this section provides that each area plan 
     shall provide for the reorganization of the administrative 
     structure of the area office, the reallocation of personnel, 
     the delegation of secretarial authorities, the issuance of 
     waivers of regulations and other authorities, the reordering 
     of funding priorities, and specify which functions are 
     retained by the BIA and which functions are transferred to 
     the tribes. The area office plan shall include a formula for 
     allocation of savings to the recurring base funding of the 
     tribes. This subsection also provides that an area plan may 
     include a determination of the share of funds used by the 
     Area office to carry out programs, services, functions and 
     activities of the tribe.
       Paragraph (3) of this subsection provides that a majority 
     of tribes in an area may elect to continue the existing 
     organizational structures, functions, or funding priorities 
     of the area office.
       Paragraph (4) of this subsection provides that upon 
     completion of the negotiation of an area office plan the 
     Secretary shall submit the plan for approval by the Indian 
     tribes in the area. If a majority of tribes approve the area 
     office plan by tribal resolution the Secretary shall enter 
     into a reorganization compact with the tribes.
       Paragraph (5) of this subsection provides that for those 
     area offices which serve only 1 Indian tribe, the Secretary 
     shall enter into negotiations with the tribe to prepare a 
     reorganization plan if the tribe elects to develop a 
     reorganization plan for the area office. It further provides 
     that within 60 days from the date the plan is approved, the 
     Secretary shall enter into a reorganization compact with the 
     tribe to carry out the reorganization
      plan.
       Paragraph (6) of this subsection provides that an Indian 
     tribe may elect to receive its tribal share of the funds used 
     by the area office to carry out programs, services, 
     functions, and activities directly from the Secretary. The 
     agreement to receive the tribal share shall include a 
     determination of the amount of residual funds to be retained 
     by the Secretary for the area office and the respective 
     responsibilities of the area office and the Indian tribe.
       Subsection (c) provides that not later than 60 days from 
     the date on which a majority of tribes in the area office 
     have approved a reorganization plan, the Secretary shall 
     enter into an area office reorganization compact with the 
     Indian tribes to carry out the area office reorganization 
     plan. The Secretary may not implement an area office 
     reorganization plan until the tribes have entered into a 
     reorganization compact with the Secretary. This subsection 
     also provides that nothing in this section may limit or 
     reduce the level of any service or funding for an Indian 
     tribe that is not a party to a reorganization compact.

             section 102. reorganization of agency offices

       Subsection (a) provides that not later than 120 days after 
     enactment, the Secretary acting through the Superintendent of 
     each agency office, shall enter into negotiations with the 
     Indian tribes served by each agency office to develop a 
     reorganization plan for the agency office.
       Subsection (b) provides that each agency office plan shall 
     provide for the reorganization of the administrative 
     structure of the agency office, the reallocation of 
     personnel, the delegation of secretarial authorities, the 
     issuance of waivers of regulations and other authorities, the 
     reordering of funding priorities, and specify which functions 
     are retained by the BIA and which functions are transferred 
     to the Indian tribes. The agency office plan shall include a 
     formula for allocation of savings to the recurring base 
     funding of the tribes. This subsection also provides that an 
     agency office plan may include a determination of the share 
     of funds used by the agency office to carry out programs, 
     services, functions and activities of the tribe.
       Paragraph (3) of this subsection provides that a majority 
     of tribes in an agency office may elect to continue the 
     existing organizational structures, functions, or funding 
     priorities of the agency office.
       Paragraph (4) of this subsection provides that upon 
     completion of the negotiation of an agency office plan the 
     Secretary shall submit the agency plan to the tribes served 
     by the agency for approval. If a majority of tribes approve 
     the agency reorganization plan by tribal resolution, the 
     Secretary shall enter into a reorganization compact with the 
     tribes served by the agency.
       Paragraph (5) of this subsection provides that for those 
     agency offices which
      serve only 1 Indian tribe, the Secretary shall enter into 
     negotiations with the tribe to prepare a reorganization 
     plan if the tribe elects to develop a reorganization plan 
     for the agency office. It further provides that within 60 
     days from the date the plan is approved, the Secretary 
     shall enter into a reorganization compact with the tribe 
     to carry out the reorganization plan.
       Paragraph (6) of this subsection provides that an Indian 
     tribe may elect to receive its tribal share of the funds used 
     by the agency office to carry out programs, services, 
     functions, and activities directly from the Secretary. The 
     agreement to receive the tribal share shall include a 
     determination of the amount of residual funds to be retained 
     by the Secretary for the agency office and the respective 
     responsibilities of the agency office and the Indian tribe.
       Subsection (c) provides that not later than 60 days from 
     the date on which a majority of tribes in the agency office 
     have approved a reorganization plan, the Secretary shall 
     enter into an agency office reorganization compact with the 
     Indian tribes to carry out the agency office reorganization 
     plan. The Secretary may not implement an agency office 
     reorganization plan until the tribes have entered into a 
     reorganization compact with the Secretary. This subsection 
     also provides that nothing in this section may limit or 
     reduce the level of any service or funding for an Indian 
     tribe that is not a party to a reorganization compact. 
     Finally, this subsection states that where the Secretary has 
     determined that an agency office reorganization compact is 
     inconsistent with an area office reorganization compact, the 
     Secretary in consultation with the Indian tribes that are 
     parties to the compact shall make such amendments to the 
     agency office compact as are necessary to ensure consistency 
     with the applicable area office plan.

             section 103. reorganization of central office

       Section 103 provides that not later than 120 days from the 
     date of enactment the Secretary shall enter into negotiations 
     with Indian tribes to develop a central office reorganization 
     plan. The Secretary shall enter into negotiations on an area 
     by area basis with representatives from each tribe in the 
     area in order to develop the central office plan. As part of 
     these negotiations, the Secretary shall determine the 
     appropriate allocation of personnel and funding made 
     available to central office to serve the area and agency 
     offices and the tribes in each area.
       Subsection (b) provides that the central office plan shall 
     contain a determination of funds and personnel used to 
     support the area and agency offices in each area and those 
     funds which may be allocated directly to Indian tribes 
     pursuant to the formula develop under this section.
       Paragraph (2) states that the central office reorganization 
     plan shall provide for the reorganization of administrative 
     structure of the central office, the reallocation of 
     personnel, the delegation of secretarial authorities, the 
     issuance of waivers of regulations and other authorities, the 
     reordering of funding priorities, and specify which functions 
     are
      retained by the BIA and which functions are transferred to 
     the Indian tribes. The central office plan shall include 
     an allocation formula to provide for the remaining 
     services to be provided to the area and agency offices and 
     the Indian tribes by the central office and a formula for 
     allocation of savings to the recurring base funding of the 
     tribes and to the area and agency offices. [[Page S6816]] 
       Subsection (c) provides not later than 60 days after the 
     Secretary develops a central office plan, the Secretary shall 
     for each area office enter into a central office 
     reorganization compact with the tribes in that area to 
     implement the central office reorganization plan. The 
     Secretary may not implement the component of a central office 
     reorganization plan relating to an area until a majority of 
     tribes in that area have entered into a central office 
     reorganization compact with the Secretary. This subsection 
     also provides that if a majority of Indian tribes in an area 
     do not enter into a central office reorganization compact the 
     existing organizational structure relating to that area shall 
     remain in effect. Finally, this subsection states that where 
     the Secretary has determined that a central office 
     reorganization compact is inconsistent with a related area or 
     agency office reorganization compact, the Secretary in 
     consultation with the Indian tribes that are parties to the 
     compact shall make such amendments as are necessary to ensure 
     consistency with the applicable area or agency office plan.

                    Section 104. Savings Provisions

       Subsection (a) states that all orders, determinations, 
     rules, regulations, permits, agreements, grants, contracts, 
     licenses, and other administrative actions that are in effect 
     on the effective date of the reorganization compact shall 
     continue in effect according to their terms until modified, 
     terminated, superseded or set aside in accordance with law.
       Subsection (b) states that the provisions of a 
     reorganization compact shall not affect any proceedings, 
     including any notices for proposed rulemaking, that are 
     pending at the time the reorganization compact takes effect. 
     These proceedings shall continue as if the compact had not 
     been entered into and any orders issued in such proceedings 
     shall continue in effect until modified, terminated or 
     superseded by a duly authorized official, a court of 
     competent jurisdiction, or by operation of law.
       Subsection (c) states that no suit, action, or other 
     proceeding commenced by or against the BIA or any official in 
     the BIA shall abate by reason of enactment of this title.

             Section 105. Additional Conforming Amendments

       Subsection (a) authorizes the Secretary to prepare and 
     submit to the Congress, after consultation with the tribes, 
     the Committees of jurisdiction in the Congress, and the OMB, 
     recommended legislation containing technical and conforming 
     amendments to reflect changes made pursuant to this title.
       Subsection (b) requires the Secretary to submit such 
     legislation to the Congress within 120 days of enactment of 
     this title.

              Section 106. Authorization of Appropriations

       Section 106 authorizes such sums as may be necessary to 
     carry out this title to be appropriated.

                      Section 107. Effective Date

       Section 107 states that this title shall take effect on the 
     date of enactment.

                       Section 108. Separability

       Section 108 provides that if a provision of this title or 
     its application is held invalid, neither the remainder of 
     this title nor the application of the provision to other 
     persons or circumstances shall be affected.

       Section 109. Suspension of Certain Administrative Actions

       Section 109 provides that during the 2 year period 
     beginning on the date of enactment the Secretary shall 
     suspend the implementation of all administrative activities 
     associated with reinventing government, the national 
     performance review and other downsizing initiatives affecting 
     the Bureau of Indian Affairs. It also states that during this 
     2 year period the reorganization compacts entered into under 
     this title shall be deemed to satisfy the goals of 
     reinventing government, the national performance review and 
     other downsizing initiatives.

                  Section 110. Statutory Construction

       Section 110 provides that nothing in this title may be 
     construed to alter or diminish the Federal trust 
     responsibility to Indian tribes, individual Indians, or 
     Indians with trust allotments.

        Title II--Amendment to the Indian Self-Determination Act

                    Section 201. Budget Development

       Section 201 amends the Indian Self-Determination Act (25 
     U.S.C. 450f et seq.) by adding
      the following new title:
                      Title V--Budget development

   section 501. participation of indian tribes in the development of 
                            budget requests

       Subsection (a) of this section requires, within 120 days 
     after enactment, the Secretary to establish a program to 
     provide information to Indian tribes concerning the 
     development of budget requests for the Bureau of Indian 
     Affairs and to ensure that each Indian tribe participates to 
     the maximum extent practicable in the development of the 
     budget request for the Bureau of Indian Affairs.
       Subsection (b) of this section requires, within 120 days 
     after enactment, the Secretary of Health and Human Services 
     to establish a program to provide information to Indian 
     tribes concerning the development of budget for the Indian 
     Health Service and to ensure that each Indian tribe 
     participates to the maximum extent practicable in the 
     development of the budget request for the Indian Health 
     Service.
       Subsection (c) of this section requires programs to the 
     maximum extent practicable to develop an estimation of funds 
     annually authorized to be appropriated for the benefit of 
     Indian tribes, develop an estimation of individual tribal 
     shares of the funds to be provided for the benefit of the 
     Indian tribe, and to provide each tribe with an opportunity 
     to establish individual tribal funding priorities. The 
     program shall also collect and disseminate information 
     necessary for effective planning and evaluation relating to 
     the comparative social and public health conditions of Indian 
     communities at the local, regional, and national levels.
       Paragraph (2) of this subsection requires the Secretary of 
     the Interior and the Secretary of Health and Human Services 
     to support the creation of stable recurring base funding for 
     each Indian tribe, to maintain stability in the planning and 
     allocation of the IHS and BIA budgets to Indian tribes, to 
     assess the Federal programs of assistance to Indian tribes to 
     determine the relative need for providing Federal funds to 
     carry out each such program and determine the amount of 
     recurring base funding available to each Indian tribe to 
     carry out each such program.
       Paragraph (3) of this subsection authorizes the Secretary 
     of the Interior and the Secretary of Health and Human 
     Services to enter into self-determination contracts, self-
     governance compacts or make a grant to an Indian tribe to 
     carry out the information collection and dissemination 
     functions under this title.

                  section 502. assessment methodology
       Subsection (a) of this section requires the Secretary of 
     the Interior within 180 days of enactment to promulgate 
     standardized assessment methodologies to be used in carrying 
     out any budget determination for the BIA concerning levels of 
     funding that are necessary for each program area.
       Subsection (b) of this section requires the Secretary to 
     ensure the direct and active participation of Indian tribes 
     at the local, regional and national levels in the negotiated 
     rulemaking process established under this section.
       Subsection (c) of this section provides that the negotiated 
     rulemaking committee created under this section shall be 
     comprised of individuals who represent the Federal government 
     and individuals who represent Indian tribes. A majority of 
     the Committee shall be comprised of individuals who represent 
     Indian tribes.
       Subsection (d) of this section authorizes the Secretary to 
     adapt the negotiated rulemaking procedures in accordance with 
     section 407 of this Act.

                  Section 503. Reports to the Congress

       Subsection (a) provides that the Secretary shall annually 
     prepare a report that describes the standardized 
     methodologies and includes an assessment of the level of 
     funding that is necessary to fund each program area of the 
     Bureau of Indian Affairs. This report shall include an 
     assessment for each Indian tribe of the level funding 
     necessary for each Indian tribe to carry out each program 
     area and an assessment of the total amount of funds needed to 
     carry out all the programs areas with respect to which the 
     tribe receives services.

              Section 504. Authorization of Appropriations

       This section authorizes to be appropriated such sums as may 
     be necessary to carry out this title.

  Title III--Reform of the Regulations of the Bureau of Indian Affairs

                        Section 301. BIA Manual

       Section 301 requires the Secretary not later than 180 days 
     after enactment to conduct a review of all the provisions of 
     the BIA manual and to promulgate as proposed regulations 
     those provisions of the BIA manual that are deemed necessary 
     and to revoke all provisions of the BIA manual that are not 
     promulgated as proposed regulations. In carrying out this 
     section, the Secretary shall consult with Indian tribes to 
     the maximum extent practicable.
                        section 302. task force

       Section 302 provides for the establishment of a Joint 
     Tribal-Federal task force on regulatory reform. The task 
     force shall be composed of 16 members, including 12 members 
     who are representatives of Indian tribes from each of the 12 
     areas served by the BIA. The task force shall review the 
     regulations under Title 25 of the Code of Federal Regulations 
     and make recommendations concerning revision of the 
     regulations. The task force shall submit reports to the 
     Secretary as is deemed appropriate and shall not later than 
     120 days after its initial meeting submit a report to the 
     Congress and the governing body of each Indian tribe that 
     includes their findings and recommendations after reviewing 
     Title 25 of the Code of Federal Regulations. The task force 
     shall terminate 30 days after the date on which the task 
     force submits its report to the Congress. This 
     section also prohibits the Secretary from 
     promulgating any un- published regulation or 
     agency guidance that affects Indian tribes and from imposing 
     any nonregulatory requirement that affects Indian tribes.

              Section 303. Authorization of Appropriations

       Section 303 authorizes to be appropriated such sums as may 
     be necessary to carry out this title. Mr. INOUYE. Mr. President, I join my esteemed colleague, the 
chairman [[Page S6817]] of the Committee on Indian Affairs, Senator 
John McCain, in the sponsorship of a measure that is intended to 
initiate discussion in the Senate of the means by which the 
reorganization of the Bureau of Indian Affairs is to be accomplished.
  Mr. President, I am aware that there is some concern amongst my 
colleagues that they have not sufficient time to review this measure 
prior to its introduction, and I want to assure these members that I 
too have questions about the mechanics of the proposed reorganization 
process, as well as the scope of the proposed reorganization--but I 
believe that it is important that we begin somewhere--and that we have 
a legislative vehicle that will engender discussion and consideration 
of the specifies or reorganization.
  For instance, it will be important, I believe, that reorganization at 
the agency, area and central offices proceed in some orderly fasion--
given the interdependency of the functions and responsibilities of each 
of these offices.
  In the absence of some order--reorganization of agency offices prior 
to reorganization of area offices culminating in the reorganization of 
the central office, for instance, as one possible means--there will 
undoubtedly be a predictable chaos if reorganization plans and compacts 
that have significant impacts on other organizational units are 
attempted to be implemented--all at the same time.
  Mr. President, I am also aware of the concern expressed by some 
members as to what impact the proposed reorganization may have on the 
Bureau's responsibilities in the areas of education, tribal justice 
systems, and other centrally administered programs.
  But I believe that this discussion draft will, at a minimum, provide 
us with a framework for addressing these concerns, and I look forward 
to working with the chairman of the committee--our colleagues on the 
Indian Affairs Committee and the leaders of indian country--to refine 
this discussion draft into an effective instrument for the 
implementation of the recommendations of the joint Department of 
Interior, Bureau of Indian Affairs, and tribal task force on the 
reorganization of the Bureau of Indian Affairs. Mr. DOMENICI. Mr. President, I am pleased today to join 
Chairman McCain of the Senate Committee on Indian Affairs in sponsoring 
legislation to bring about many needed changes to the Bureau of Indian 
Affairs [BIA] of the U.S. Department of the Interior. It is a special 
honor for me to endorse the fine work of Wendell Chino, president of 
the Mescalero Apache Tribe of New Mexico. He has worked for decades to 
change the BIA. More recently, President Chino has focused his fine 
efforts through the BIA Reorganization Task Force for the last 4 years. 
As the elder statesman of Indian leaders, President Wendell Chino's 
incisive and powerful voice has been heard about the continuing 
problems in the BIA. We are pleased to introduce legislation to help 
bring these recommendations to fruition.
  Wendell has long been a vociferous and humorous critic of the 
infamous BIA. Wendell tells me that humor is necessary when you really 
want to cry. We have a special trust relationship with Indians in 
America, but far too often this trust has been neglected by a 
cumbersome bureaucracy.
  As cosponsor of Chairman McCain's excellent effort to launch an 
important debate, I am aligning myself with those who view the BIA as a 
detriment rather than a benefit to Indian people. I have spoken several 
times in Senate Budget and Indian Affairs Committee meetings this year 
about the need to meet our special trust and treaty obligations to the 
Indian people.
  As a proponent of the largest budget reductions ever presented in the 
history of the Senate, I have maintained the need to keep our promises 
to the Indian people. This is not only good for Indians, it is good for 
America to know that her word is meaningful and can be relied upon.
  When the Congress passes legislation and the President signs it, 
Americans should be able to know that they have been well represented 
and action will follow that is in line with the promises. 
Unfortunately, America's history has not been so sterling when it comes 
to its promises to Indian people. There are books, movies, and 
testimony to the many tragedies in our history with Indian people.
  There have been some improvements in this century, but the violations 
continue. For example, as recently as 1962, the Congress and the 
President, in Public Law 87-483, promised to provide an irrigation 
system to the Navajo Tribe in exchange for water rights in the San Juan 
Chama water diversion project. The Navajos have kept their agreement 
about water rights, but the Federal Government is 20 years behind 
schedule in building the promised irrigation system.
  I will not take the time to review other incidents here, I just want 
my colleagues to know that we are aware of the promises, and that we 
should do our part in promoting character counts in our own legislative 
activity. I believe the bill we are introducing today is in line with 
this goal.
  Mr. President, I ask unanimous consent to print the leading themes of 
the executive summary of the joint tribal/BIA/Department of Interior 
advisory task force on the reorganization of the Bureau of Indian 
Affairs, August 1994, in the Record. This is for the benefit of my 
colleagues who may want to look at the parameters of the fine work of 
this task force, upon which Chairman McCain has based our legislative 
effort. I refer my colleagues to Chairman McCain's statement for a 
further explanation of the purposes of this legislation, and I urge my 
colleagues to review this exciting new thrust for the BIA.
  On a closing note, I would like to add that my own bill, S. 346, 
cosponsored by Senator Daniel Inouye of the Senate Committee on Indian 
Affairs, is not included in the bill we are introducing today. It is my 
intention to offer S. 346, a bill to establish an Office of Indian 
Women and Families in the BIA, as an amendment during committee markup 
of this legislation. For the benefit of my colleagues, I ask unanimous 
consent that my ``Dear Colleague'' letter of February 22, 1995, be 
printed in the Record.
  Finally, Mr. President, I would be remiss if I did not acknowledge 
the fine work of a former New Mexico Congressman who became Secretary 
of the Interior, Manuel Lujan. It was Secretary Lujan who appointed 
Wendell Chino and Eddie Brown as cochairs of the BIA reorganization 
task force.
  It is my pleasure to join Senator McCain in introducing this bill. It 
is an honest and good effort to reform, in significant and positive 
way, our trust relationship with the American Indian people.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  U.S. Senate,

                                Washington, DC, February 22, 1995.
       Dear Colleague: As we consider better ways to meet our 
     treaty and statutory obligations to the Indian people of 
     America through an improved Bureau of Indian Affairs, I would 
     like you to keep Indian women and youth in mind. It is my 
     belief that they are too often ignored in the Washington-
     based policy decisions that can have a most direct impact on 
     their daily lives.
       I am asking my Senate Colleagues to join me and the Vice 
     Chairman of the Senate Committee on Indian Affairs, Senator 
     Daniel K. Inouye, in sponsoring legislation to establish an 
     Office of Indian Women and Families in the Bureau of Indian 
     Affairs, U.S. Department of the Interior.
       Indian women are most often at the very bottom of the 
     economic ladder in America. They are the poorest of the poor. 
     While the tide of public opinion is against adding virtually 
     any new federal government employees, I believe it is time to 
     directly address the concerns and problems of Indian women in 
     the agency that is most responsible for their well-being.
       In January of 1994, I held hearings in Window Rock, Arizona 
     and in Rio Grande Pueblo country in Albuquerque, New Mexico. 
     Hundreds of women and tribal leaders expressed their support 
     for enacting this legislation. In the 103rd Congress, Senator 
     McCain worked very hard to bring the problems of Indian child 
     abuse to light. Many abusers were their BIA teachers.
       Ramah Navajo District Judge Irene Toledo testified in 
     Window Rock that ``we do have a lot of children falling 
     through the cracks.'' Elsie Redbird told us, ``While American 
     women come up against a `glass ceiling,' Indian women have 
     problems getting off the floor.''
       There are problems with gang violence, teen pregnancies and 
     AIDS. Child care, domestic violence, poor housing conditions, 
     and minimal economic opportunity are continuous problems on 
     our nation's Indian reservations.
       How would this new Office of Indian Women and Families help 
     resolve these problems? The monitoring of participation rates 
     and beneficial outcomes for Indian women [[Page S6818]] and 
     children in on-going programs of the BIA and other federal 
     departments and agencies would be a critical first step.
       Job opportunities outside the domestic or clerical levels 
     are too rare for Indian women. Yet the BIA and the U.S. 
     Department of Labor have little precise and current 
     information about the unemployment or underemployment 
     problems of Indian women.
       Obviously, an Office of Indian Women and Families could not 
     be expected to move on all fronts at once. In fact, our bill 
     gives jobs and business development opportunities for Indian 
     women the first priority. Without such a permanent office to 
     advocate program and policy changes for them, I am afraid one 
     of our most precious and yet most neglected federal 
     responsibilities will continue to be a national shame.
       Indian women and their families have little choice but to 
     live at the mercy of some of the most perplexing bureaucratic 
     mazes in our federal government. I believe this group of 
     American Indians would benefit by a more systematic 
     monitoring of their lifestyle problems, a more consistent 
     effort on our part to improve their lives, and a more 
     interactive approach that includes their active participation 
     in resolving their own concerns.
       I hope you will join in cosponsoring S. 346, a bill to 
     establish an Office of Indian Women and Families in the 
     Department of Interior. Joe Trujillo of my staff can be 
     reached at 224-7086 if you have further comments or 
     questions. Thank you for your interest in American Indian 
     women and their families.
           Sincerely yours,
                                                 Pete V. Domenici,
     U.S. Senator.
                                                                    ____

                    Leading Themes of Reorganization

       Tribes recognized that simply changing the organizational 
     structure of the BIA would not result in a change in how well 
     it could deliver on its responsibility. All aspects of the 
     organization, systems and processes utilized by the BIA were 
     reviewed. The BIA's mission needed to be clearly defined to 
     guide its future directions. Four leading themes emerged 
     early, and the Task Force organized its efforts around them:
       Organization Reform: The organizational levels and 
     functions needed to be clearly defined as to appropriate 
     roles, with the operational roles moved as close as possible 
     to where services were to be delivered. Accordingly, roles 
     were recommended for Central Office, Areas and Agencies. 
     Keeping in mind the differences between Areas, the Task Force 
     recognized that the Tribes in each Area and Agency needed to 
     be involved in the redesign of these organizations to meet 
     their respective needs. Too much of the overall resources of 
     the BIA were being dedicated to Central Office and Area 
     functions. Tribes felt that these resources could be better 
     utilized at the Tribe/Agency/school service delivery level.
       Regulatory Reform: The authority by which BIA decisions 
     were made had been eroded at the levels nearest Tribes. The 
     Task Force recognized that laws, regulations and internal BIA 
     policies needed to change to return decision making to the 
     BIA organizational units closest to the client. In addition, 
     many inherent Tribal authorities had been usurped. Laws, 
     regulations and policies needed to be reviewed to remove 
     obstacles to Tribes freely exercising authorities for 
     decisions which were inherently Tribal.
       Education Reform: The Task Force strongly felt that 
     emphasis needed to be placed on education for the following 
     reasons: (1) The failure to fully implement all provisions of 
     P.L. 95-561. (2) The indefinite organizational status of 
     education functions within the Bureau. (3) An assessment of 
     the current level of education services within the Bureau. It 
     was determined that a comprehensive plan was necessary to 
     ensure maximum efficiency and effectiveness in education.
       Budget Reform: The processes of planning, budgeting and 
     reporting on budget needs were in serious need of reform. 
     Throughout the first 20 years of implementation of the Self-
     Determination policy, Tribal participation in decisions 
     regarding the designs of programs and the priorities for 
     funding them had actually been diminished. Tribes felt that 
     their needs were consistently understated or not reported to 
     Congress at all. Though they had assumed management of about 
     half of the budget resources under various Self-Determination 
     Act awards, the BIA and others in the Federal government 
     seemed to retain full control, and frequently disrupted the 
     maintenance of funding and services. A new system of 
     planning, budgeting and needs assessment was needed, and it 
     needed to be based on the Federal policies of Indian Self-
     Determination and of dealing with Tribes on a government-to-
     government basis.
                                 ______

      By Mr. HATCH:
  S. 815. A bill to amend the Internal Revenue Code of 1986 to simplify 
the assessment and collection of the excise tax on arrows; to the 
Committee on Finance.

          Simplification of Imposition of Excise Tax On Arrows

  Mr. HATCH. Mr. President, I rise today to introduce legislation that 
would simplify the Internal Revenue Code regarding the imposition of 
the Federal excise tax on arrows.
  Mr. President, this bill will benefit manufacturers, wholesalers, 
retailers, assemblers, and, most importantly, the consumers of archery 
equipment. In 1993, there were nearly 3 million licensed bow and arrow 
hunters in the United States, including 28,000 in my home State of 
Utah. These figures exclude the millions of individuals who enjoy 
archery as a hobby but do not hunt with a bow and arrows. Let me 
explain both the present status of this excise tax and why 
simplification is needed.
  Under section 4161(b) of the Internal Revenue Code, an excise tax of 
11 percent is imposed upon the sale by the manufacturer, producer, or 
importer of an arrow or an arrow's component parts and accessories. A 
complete arrow consists of various component parts, namely: a shaft, a 
point, a nock, and a vane. The arrow shaft is sold separately from the 
point, nock, and vane, which are attached to the shaft to make a 
complete arrow. The assembly of these parts into a finished arrow may 
take place at a wholesale manufacturing level, a distribution level, a 
retail level, or at the consumer level. Identifying the manufacturer 
for purposes of the excise tax is difficult because of the long 
distribution chain between the raw material supplier and the consumer. 
Under current law, anyone who manufactures arrows, or the various parts 
of arrows, may be required to collect the excise tax.
  The current interpretation of the tax on arrows has resulted in a 
great deal of confusion among retailers as well as among IRS field 
agents enforcing the law. Currently, local shops are subject to 
different interpretations of what is taxable. Ultimately, the tax falls 
on the last person in the chain to materially change the article before 
it is sold to the consumer. Unfortunately, several members of this 
chain may fit the definition of a manufacturer, and each is liable for 
the tax unless certain registration requirements are met and exemption 
forms filed.
  As you can see, Mr. President, the method for collecting the excise 
tax on arrows needs to be streamlined. My bill would change the 
imposition of the excise tax to fall on the component shafts, points, 
nocks, and vanes as they are manufactured, rather than on the 
aggregated value of the assembled arrow. This is a
 significant change, but one that will greatly simplify the 
administration of the tax. Under my bill, individual distributors, 
assemblers, and retail sellers of arrows or parts of arrows would no 
longer be responsible for collecting the excise tax. Only the 
manufacturers of these parts would bear the responsibility of the 
excise tax. Thus, identification of the manufacturer would be much 
simpler and clearer. Industry representatives, who support these 
changes, have indicated to me that this simplification should increase 
compliance and therefore enhance revenues. Enforcement by the IRS 
should also be much easier under this legislation.

  Mr. President, the result of this bill is a narrowing of the 
collection base. Instead of having thousands of distributors, 
retailers, or custom arrow shops being potentially liable for the tax 
as under the current law, about 65 companies would be liable under the 
bill. This simplification would save the IRS a considerable amount of 
time and money in enforcing the tax. It also would free smaller dealers 
and stores from the burden of computing and remitting the excise tax.
  The language in this bill accomplishes the needed simplification of 
this particular section of the Tax Code. One consequence of this change 
is the possibility that a higher excise tax rate may be needed to make 
the measure revenue neutral. The arrow manufacturing industry agrees 
that this simplification is not intended to decrease revenue to the 
Federal Government. I am working with the Joint Committee on Taxation 
to find a rate of tax that will make the end result revenue neutral. 
The bill, as introduced, Mr. President, includes an 11 percent tax 
rate, which is the same as under present law. It is my intention to 
adjust this rate, up or down, as needed, to keep this bill revenue 
neutral. I want to point out, however, that greater compliance should 
be achieved by having a much smaller number of entities responsible for 
the tax. This greater compliance, together with the savings realized 
from the reduced manpower requirements the IRS needs to enforce this 
tax, [[Page S6819]] should combine to allow an equal or lesser tax rate 
than under current law. These factors should be considered when 
determining the revenue impact of this legislation.
  Mr. President, the amount of revenue we are talking about is around 
$13 million a year. These revenues are, by law, required to go to the 
Pittman-Robertson fund, established by the Federal Aid to Wildlife 
Restoration Act. The proceeds of this fund go toward wildlife 
restoration and hunter education programs administered by the U.S. Fish 
and Wildlife Service. The bulk of this fund is, in turn, passed onto 
the States to fund their own wildlife programs.
  Under current law, arrows made by native Americans are exempt from 
the Federal excise tax. The simplification bill I am
 introducing today would not remove or alter this exemption in any way.

  In conclusion, Mr. President, I believe that today, more than ever, 
we need to be mindful of the many burdens we are placing on small 
businesses and consumers through numerous Federal mandates and 
burdensome tax compliance measures. Businesses and consumers nationwide 
spend billions of dollars each year on tax compliance. Consumers, of 
course, pay for this compliance through higher retail prices for goods 
and services. We all know this money could be put to more productive 
use. Even though this bill is small in comparison to the immense Tax 
Code, I think it is right on target in terms of helping us to achieve 
tax simplification.
  Mr. President, this legislation is a beneficial modification to the 
Tax Code presented in a win-win framework. This bill has the support of 
the Archery Manufacturers and Merchants Association, which represents 
the majority of this industry. I hope this bill will be swiftly 
adopted, and I encourage my colleagues to support and cosponsor this 
bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 815

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

     SECTION 1. SIMPLIFICATION OF IMPOSITION OF EXCISE TAX ON 
                   ARROWS.

       (a) In General.--Subsection (b) of section 4161 of the 
     Internal Revenue Code of 1986 (relating to imposition of tax) 
     is amended to read as follows:
       ``(b) Bows and Arrows, Etc.--
       ``(1) Bows.--
       ``(A) In general.--There is hereby imposed on the sale by 
     the manufacturer, producer, or importer of any bow which has 
     a draw weight of 10 pounds or more, a tax equal to 11 percent 
     of the price for which so sold.
       ``(B) Parts and accessories.--There is hereby imposed upon 
     the sale by the manufacturer, producer, or importer--
       ``(i) of any part of accessory suitable for inclusion in or 
     attachment to a bow described in subparagraph (A), and
       ``(ii) of any quiver suitable for use with arrows described 
     in paragraph (2), a tax equivalent to 11 percent of the price 
     for which so sold.
       ``(2) Arrows.--There is hereby imposed on the sale by the 
     manufacturer, producer, or importer of any shaft, point, 
     nock, or vane of a type used in the manufacture of any arrow 
     which after its assembly--
       ``(A) measures 18 inches overall or more in length, or
       ``(B) measures less than 18 inches overall in length but is 
     suitable for use with a bow described in paragraph (1)(A),

     a tax equal to 11 percent of the price for which so sold.
       ``(3) Coordination with subsection (a).--No tax shall be 
     imposed under this subsection with respect to any article 
     taxable under subsection (a).''.
  (b) Effective Date.--The amendment made by subsection (a) shall apply 
to articles sold by the manufacturer, producer, or importer after the 
date of the enactment of this Act.
                                 ______

      By Mr. DeWINE (for himself, Mr. Stevens, Mr. Ashcroft, Mr. Hatch, 
        and Mr. Thurmond):
  S. 816. A bill to provide equal protection for victims of crime, to 
facilitate the exchange of information between Federal and State law 
enforcement and investigation entities, to reform criminal procedure, 
and for other purposes; to the Committee on the Judiciary.

               THE LOCAL LAW ENFORCEMENT ENHANCEMENT ACT

  Mr. DeWINE. Mr. President, today I am introducing the Local Law 
Enforcement Enhancement Act for myself as well as Senator Stevens and 
Senator Ashcroft.
  Mr. President, for the past week, beginning last Wednesday, I have 
discussed on the Senate floor different aspects of the bill that I am 
introducing this afternoon. I do not intend to go through every single 
provision of the bill again this afternoon. But I would like to 
highlight three or four of the principal areas of this bill.
  I believe that when we look at any crime bill proposed in this 
Congress, we always have to ask several questions. The first is, what 
is the proper role of the Federal Government in an area that we all 
know and understand is primarily local. Ninety to 95 percent of all 
prosecutions are done at the State, county and local level, not the 
Federal level. So if we are going to have a national crime bill, what 
is that niche? What is the proper role of the Federal Government?
  The second question I believe that we always have to ask is, what 
works? What can this Congress do in legislation, with Federal dollars, 
that will really make a difference?
  The bill that I am introducing this afternoon is the product of my 20 
years of being involved at different levels of Government, in law 
enforcement, being involved in this battle against crime. That 
certainly does not mean that I am an expert. I do not think we have any 
experts in this area.
  However, I have seen it from every angle. I have seen it from the 
angle of a young county prosecuting attorney, a State senator who dealt 
with it on the State level and tried to write appropriate State laws, 
then on the House Judiciary Committee for 8 years, and then as 
Lieutenant Governor of Ohio, where my principal job was to oversee our 
anticrime effort.
  This bill is a product of that experience, but also probably more 
importantly, it is the product of my listening and discussing the crime 
issues with the men and women in Ohio who are on the front line every 
single day, the police officers who have to deal with this problem--
what works, what does not work.
  One thing, Mr. President, that we know works, from our experience, is 
the tools of technology. My bill will take America from 19th-century 
technology in the anticrime area into the 21st century. It does it in a 
unique way. It does it by putting $1 billion--which is certainly a lot 
of money, but only a little over 3 percent of this total crime package 
that was passed last year, which my bill essentially is a rewrite of--a 
little over 3 percent of that total money over a 5-year period we spend 
on technology for the local communities, for the local States.
  What I have been advised by law enforcement throughout Ohio and what 
I have been advised by the FBI is that while last year's crime bill 
went a long way to create the national databases that we need here in 
Washington and in the new facility that is being built in West 
Virginia, it will never be a complete system unless we grow the system 
locally.
  I come from Greene County in Ohio, and the Xenia police department, 
when they put information into the system or try to get information 
back out, it is not only important for them to do it accurately and for 
that information to be in; it is not only important for the FBI to have 
the national database; but for it to really be successful and work for 
the local police department wherever that police department is, every 
other jurisdiction in the country has to do the same thing. Criminals 
move around, information moves around, and it has to be accurate.
  What our bill does is put the money into the local communities. What 
are we talking about? We are talking about, basically, four national 
systems: a DNA system; a fingerprint system; a ballistic system, where 
we can compare the grooves, for example, on shells and bullets; and the 
fourth, of course, is to identify criminals.
  This type of technology matters. It does, in fact, help to solve 
crimes. It matters when a police officer, at 3 o'clock in the morning, 
or a sheriff's deputy out on some dark road, has to pull someone over. 
It matters when that police officer activates his or her computer or 
calls back into the station to run that license plate. It matters that 
the information in that computer is accurate so that police officer 
knows as well as humanly possible who that [[Page S6820]] person is 
before the apprehension has to be made, before that person is 
approached.
  It matters when we have an investigation of a case and all the police 
have is an unknown fingerprint, and they have to try to figure out 
where that fingerprint came from. It matters under the technology that 
we have today: Take that unknown print and compare it with 4 or 5 
million known prints of known criminals. It matters.
  That is the type of thing that we can do with this new technology 
that we never would dream of being able to do without the computers. 
All this does, in fact, matter. This is a tool, a tool that will be 
relatively cheap in regard to the entire crime bill.
  Let me make very clear, Mr. President, the crime bill that we are 
introducing today does not spend any more money. It basically accepts 
as given what this Congress has decided last year, and appears to be 
deciding again this year, and that is over the next 5 years, we will 
devote 30 billion Federal dollars, taxpayers' dollars, to the fight 
against crime.
  The question that we have before Congress today is how best to spend 
that money, and can we improve upon what the Congress did last year? I 
believe that we can.
  The first thing that matters is technology. Our bill provides that. 
It will make a difference. We will solve crimes. We will save lives.
  Let me move now to the second area. The second thing that we know 
does, in fact, matter in law enforcement. It matters, Mr. President, if 
we can take violent criminals off the streets. If we can take violent 
criminals off the streets and lock them up and keep then locked up, we 
know they at least will not be continuing to commit crimes.
  My bill reinstitutes a program that the Bush administration had in 
place for over a year and a half. It was called Project Triggerlock. 
The principle behind Project Triggerlock was very simple. The principle 
was that violent offenders who use a gun in the commission of a felony 
need to be targeted by all U.S. attorneys in this country. And in 
cooperation with local State prosecutors and county prosecutors, if 
they wish, then the U.S. attorney takes that case into Federal court, 
and under Federal law prosecutes that person. Then, when the person is 
convicted, they are housed courtesy of the Federal Government. That is 
a great assistance to law enforcement because in most cases, the 
Federal mandatory sentencing laws for violent offenders, particularly 
violent offenders who use a gun in the commission of a felony, is 
tougher than it is in most States. We have a great deterrent effect.
  During the last administration, in an 18-month period of time, 15,000 
violent career criminals were taken off the streets, prosecuted, locked 
up, and put away for a long, long time. That matters. That is what the 
people in law enforcement call a specific deterrent. That person is 
locked up and is going to be specifically deterred from committing 
another crime as long as they are, in fact, locked up.
  Let me turn now, Mr. President, to the third thing that matters: 
Technology matters. Technology will solve crimes. It matters to lock up 
dangerous, violent people, particularly those who use a gun. The third 
thing that clearly matters that we have learned from experience, if a 
community deploys police officers into a high-crime area, and if they 
are deployed correctly--call it community policing, call it whatever--
but if they are deployed correctly in the community, they will, in 
fact, reduce crime. There is an inverse relationship between the number 
of police officers put out on the street and the crime, the violent 
crime that occurs in a given area.
  President Clinton was right in regard to that basic concept. He is to 
be congratulated for that. I think, though, that between the rhetoric 
and the details, something in last year's crime bill was lost. What was 
lost was a dedication of those tax dollars to be targeted to our most 
dangerous areas.
  What my bill, the bill we introduce today, is doing, is to take a 
finite amount of money that we have, $5 billion, and target it to the 
250 most dangerous places in this country to live, the 250 places in 
this country where according to the FBI's own statistics, the crime 
rate is the highest. We are not talking about writing bad checks. We 
are not talking about forgery. What we are talking about is rape, 
murder, armed robbery, and aggravated assault--the meanest, toughest 
crimes that there are. When we put that into the computer and run that 
and compare that then by factoring with regard to population, that is 
how we divided this money up.
  We went further in our bill. Where the bill that was passed last year 
provided that this money would last for 3 years and that these police 
officers that the Clinton administration envisioned would be paid for 3 
years, our bill pays for them for 5 full years.
  In addition to that, our bill provides for full funding, at 100 
percent, so the local community has no match. There is no money the 
local community has to put in. The Clinton bill is a 75-25-match, where 
the local community has to come up with 25 percent. There have been a 
number of communities that have had a problem with that, coming up with 
those dollars. In fact, in Ohio it is my understanding the city of 
Cincinnati, at least up until now, has not made a match to have any 
police officers come in under this program. So our bill targets the 250 
communities in this country where the violent crime rate is the 
highest. Let me just give some examples of what this will actually 
mean. Let me just skip around the country.
  In Detroit, MI, 96 police officers have been hired so far under the 
Clinton plan. Our bill provides, at full funding for 5 years the hiring 
of 747.
  Dallas, TX, 70 police officers hired so far. Our bill provides for 
604 police officers to be hired.
  Atlanta, GA, 38 under the Clinton bill. Ours provides for 442.
  Miami, FL, only six, according to the figures that we have come up 
with--only six so far in Miami. Yet our bill provides for 402.
  St. Louis, 23 under the Clinton plan, 386 under our plan.
  Chicago, 308 under the Clinton plan, under ours 2,219.
  There will be some people who have already suggested to me that maybe 
what you are doing makes sense but it does not make political sense 
because you are not spreading these police officers in every community. 
And that is true, we are not doing that. But I think what the American 
people expect us to do and what we should do is to target those police 
officers in those areas of the country where they are most needed. Our 
bill provides money to be targeted. But we also provide, for those 
communities that are not in that top 250 where the crime rate is the 
highest, additional funds over and above what the Clinton 
administration bill provided. We add an additional $1.8 billion over 5 
years. So those communities will have additional money, but not only 
additional money, they will have a great deal of flexibility so if they 
want to take that money and hire police officers or pay for overtime, 
they can do that as well.
  We may say, would it not be better just to spread these police 
officers throughout the country? We talked about, particularly this 
year, the basic functions of Government. What should Government do? 
What should Government not do? What should the Federal Government not 
do? What should the State government do?
  One of the basic functions of government, maybe the basic function of 
government--certainly the oldest function of government, going back 
thousands of years to the time when governments of some sort were 
originally formed, it may have been nothing more than a chieftain or a 
king or someone guaranteeing to provide safety for people--but the 
primary function of government is to protect people and to make a safe 
environment for them to live.
  We have a crisis today in our inner cities. We have a crisis in many 
parts of our country. It is not totally, exclusively devoted to the 
inner cities, but the inner cities certainly provide an example of 
where crime is very, very high. I think we have a moral obligation to 
try as a country to address that problem. In 1987 the Justice 
Department estimated that 8 out of every 10 Americans will be victims 
of a violent crime at least once in their lifetime. Every year, one out 
of four households is victimized by a crime. An American is more likely 
to be injured by a violent crime than by a car accident.
  So crime is a big problem and it is a big problem for all Americans. 
But the [[Page S6821]] crime we are talking about, the violent crime, 
is really heavily concentrated in certain areas. Princeton Prof. John 
DeIulio reports that while Philadelphia--just as an example--while 
Philadelphia contains only 14 percent of the population of the State of 
Pennsylvania, it accounts for 42 percent of the entire State's crime--
an unbelievable figure. What is happening to the children who live in 
these high-crime areas? They are living a life, frankly, that would be 
unimaginable for Americans of my parents' generation.
  Over 25 percent of inner-city children growing up in this country 
think they are likely to be shot at some point in their life--25 
percent, one-fourth of these children growing up. A male teenager 
growing up in an inner city is at least six times more likely to be a 
victim of violent crime than a male teenager growing up somewhere else 
in the country--six times. I do not think we can give up on these young 
people, these young Americans. They need hope and opportunity every bit 
as much as any other child in this country. They need a chance. And I 
believe putting more police in their neighborhoods is something we can 
do to start giving them that chance, the chance to live without 
constant fear for themselves and for their families.
  Let us make no mistake about it, putting more police into those 
crime-infested areas, the most crime-ridden areas of our country, is 
not going to solve all the problems of those communities. We all know 
that and we all have an obligation to work on the other problems--
welfare reform, jobs, making sure the schools in every neighborhood in 
this country are good schools so the children do in fact have a chance 
and opportunity. But no matter what we do with our schools, no matter 
what we do with welfare, no matter what we do with job creation, 
nothing positive can really take place as long as crime does exist.
  So, having community policing, having law enforcement targeted to 
these areas, I believe, is clearly the right thing to do. I do not 
think it is fair to say to that child who, because of accident of 
birth, happens to be growing up in an area where he or she is six times 
more likely to be killed than a child in a suburb, I do not think it is 
fair to say to that child: We cannot do anything about it. We are, for 
political reasons, going to spread out these police officers, these new 
police men and women. We are going to spread them out throughout the 
country because for political reasons we think we can get more votes 
that way for a particular bill. I do not think that is right. I think 
the right thing to do is to target where these police men and women go, 
and that is what our bill does.
  Our bill does many other things. I see my colleague from Michigan is 
on the floor, so I am not going to speak very much longer, let me 
advise him. But let me say in conclusion that this bill is aimed at 
doing things that matter, doing things that will make a difference, 
doing things that will get the job done. It is a very pragmatic bill, a 
very hardheaded bill. And it basically says this: If we as a Congress 
have made the decision, as apparently we have, that over the next 5 
years we are going to spend $30 billion on this very, very important 
problem, then we should spend it correctly and we should listen to the 
men and women who are professionals, who can tell us how to spend it: 
More technology, more police officers deployed correctly, and finally, 
taking off the streets the violent repeat career criminals.
  Let me conclude by saying that I want to thank the original 
cosponsors of this bill, Senator Ashcroft, Senator Stevens, and Senator 
Hatch, and ask for additional cosponsors. I look forward to working 
with the Members of the Senate as we take these ideas that I presented 
today, this past week, presented in this bill, take these ideas, 
incorporate them with other ideas of my colleagues to come up with a 
final bill this year, or next year, that will in fact make a difference 
and will save lives, that will reduce crime.
  Mr. President, thank you very much. At this point, I yield the floor.
  

                          ____________________
```