S.Amdt. 5076Senate110th Congress (2007-2009)

To provide for an emergency plan for Indian Safety and health.

What it does: 2 changes: replaces text, adds a section
Sponsored by John ThuneSen. John Thune (R-SD)
Submitted July 14, 2008

What it changes

2 changes to S. 2731 · all shown in the bill's text

Replaces textAdds a section
  1. Change 1: Replaces “$50,000,000,000” at the section 401(a) with “$48,000,000,000”

    Replaces

    In S. 2731 · Reported to Senate

    (a) In General.--Section 401(a) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7671(a)) is amended by striking "$3,000,000,000 for each of the fiscal years 2004 through 2008" and inserting "[struck: $50,000,000,000][inserted: $48,000,000,000] for the 5- year period beginning on October 1, 2008".

    Original wording

    In section 401(a), strike “$50,000,000,000” and insert “$48,000,000,000”.

  2. Change 2: Adds TITLE VI--EMERGENCY PLAN FOR INDIAN SAFETY AND HEALTH at the end of the bill

    Adds a title

    In S. 2731 · Reported to Senate

    (B) by striking "vulnerable children affected by" and inserting "other children affected by, or vulnerable to,".

    Inserted: TITLE VI--EMERGENCY PLAN FOR INDIAN SAFETY AND HEALTH

    Inserted: SEC. 601. EMERGENCY PLAN FOR INDIAN SAFETY AND HEALTH.

    Inserted: (a) Establishment of Fund.--There is established in the Treasury of the United States a fund, to be known as the "Emergency Fund for Indian Safety and Health" (referred to in this section as the "Fund"), consisting of such amounts as are appropriated to the Fund under subsection (b).

    Inserted: (b) Transfers to Fund.--

    Inserted: (1) In general.--There is authorized to be appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, $2,000,000,000 for the 5-year period beginning on October 1, 2008.

    Inserted: (2) Availability of amounts.--Amounts deposited in the Fund under this section shall--

    Inserted: (A) be made available without further appropriation;

    Inserted: (B) be in addition to amounts made available under any other provision of law; and

    Inserted: (C) remain available until expended.

    Inserted: (c) Expenditures From Fund.--On request by the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services, the Secretary of the Treasury shall transfer from the Fund to the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services, as appropriate, such amounts as the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services determines to be necessary to carry out the emergency plan under subsection (f).

    Inserted: (d) Transfers of Amounts.--

    Inserted: (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.

    Show 14 more inserted paragraphs

    Inserted: (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.

    Inserted: (e) Remaining Amounts.--Any amounts remaining in the Fund on September 30 of an applicable fiscal year may be used by the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services to carry out the emergency plan under subsection (f) for any subsequent fiscal year.

    Inserted: (f) Emergency Plan.--Not later than 1 year after the date of enactment of this Act, the Attorney General, the Secretary of the Interior, and the Secretary of Health and Human Services, in consultation with Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), shall jointly establish an emergency plan that addresses law enforcement and water needs of Indian tribes under which, for each of fiscal years 2010 through 2019, of amounts in the Fund--

    Inserted: (1) the Attorney General shall use--

    Inserted: (A) 25 percent for the construction, rehabilitation, and replacement of Federal Indian detention facilities;

    Inserted: (B) 2.5 percent to investigate and prosecute crimes in Indian country (as defined in section 1151 of title 18, United States Code);

    Inserted: (C) 1.5 percent for use by the Office of Justice Programs for Indian and Alaska Native programs; and

    Inserted: (D) 1 percent to provide assistance to--

    Inserted: (i) parties to cross-deputization or other cooperative agreements between State or local governments and Indian tribes (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a)) carrying out law enforcement activities in Indian country; and

    Inserted: (ii) the State of Alaska (including political subdivisions of that State) for carrying out the Village Public Safety Officer Program and law enforcement activities on Alaska Native land (as defined in section 3 of Public Law 103-399 (25 U.S.C. 3902));

    Inserted: (2) the Secretary of the Interior shall--

    Inserted: (A) deposit 20 percent in the public safety and justice account of the Bureau of Indian Affairs for use by the Office of Justice Services of the Bureau in providing law enforcement or detention services, directly or through contracts or compacts with Indian tribes under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and

    Inserted: (B) use 45 percent to implement requirements of Indian water settlement agreements that are approved by Congress (or the legislation to implement such an agreement) under which the United States shall plan, design, rehabilitate, or construct, or provide financial assistance for the planning, design, rehabilitation, or construction of, water supply or delivery infrastructure that will serve an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); and

    Inserted: (3) the Secretary of Health and Human Services, acting through the Director of the Indian Health Service, shall use 5 percent to provide domestic and community sanitation facilities serving members of Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) pursuant to section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), directly or through contracts or compacts with Indian tribes under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

    Original wording

    At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 5076. Mr. THUNE (for himself, Mr. Kyl, Mr. Johnson, Mr. Tester, and Mr. Domenici) submitted an amendment intended to be proposed by him to the bill S. 2731, to authorize appropriations for fiscal years 2009 through 2013 to provide assistance to foreign countries to combat HIV/ AIDS, tuberculosis, and malaria, and for other purposes; which was ordered to lie on the table; as follows:

In section 401(a), strike “$50,000,000,000” and insert “$48,000,000,000”.

At the end, add the following:

TITLE VI--EMERGENCY PLAN FOR INDIAN SAFETY AND HEALTH

SEC. 601. EMERGENCY PLAN FOR INDIAN SAFETY AND HEALTH.

(a) Establishment of Fund.--There is established in the Treasury of the United States a fund, to be known as the “Emergency Fund for Indian Safety and Health” (referred to in this section as the “Fund”), consisting of such amounts as are appropriated to the Fund under subsection (b).

(b) Transfers to Fund.--

(1) In general.--There is authorized to be appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, $2,000,000,000 for the 5-year period beginning on October 1, 2008.

(2) Availability of amounts.--Amounts deposited in the Fund under this section shall--

(A) be made available without further appropriation;

(B) be in addition to amounts made available under any other provision of law; and

(C) remain available until expended.

(c) Expenditures From Fund.--On request by the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services, the Secretary of the Treasury shall transfer from the Fund to the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services, as appropriate, such amounts as the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services determines to be necessary to carry out the emergency plan under subsection (f).

(d) Transfers of Amounts.--

(1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.

(2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.

(e) Remaining Amounts.--Any amounts remaining in the Fund on September 30 of an applicable fiscal year may be used by the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services to carry out the emergency plan under subsection (f) for any subsequent fiscal year.

(f) Emergency Plan.--Not later than 1 year after the date of enactment of this Act, the Attorney General, the Secretary of the Interior, and the Secretary of Health and Human Services, in consultation with Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), shall jointly establish an emergency plan that addresses law enforcement and water needs of Indian tribes under which, for each of fiscal years 2010 through 2019, of amounts in the Fund--

(1) the Attorney General shall use--

(A) 25 percent for the construction, rehabilitation, and replacement of Federal Indian detention facilities;

(B) 2.5 percent to investigate and prosecute crimes in Indian country (as defined in section 1151 of title 18, United States Code);

(C) 1.5 percent for use by the Office of Justice Programs for Indian and Alaska Native programs; and

(D) 1 percent to provide assistance to--

(i) parties to cross-deputization or other cooperative agreements between State or local governments and Indian tribes (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a)) carrying out law enforcement activities in Indian country; and

(ii) the State of Alaska (including political subdivisions of that State) for carrying out the Village Public Safety Officer Program and law enforcement activities on Alaska Native land (as defined in section 3 of Public Law 103-399 (25 U.S.C. 3902));

(2) the Secretary of the Interior shall--

(A) deposit 20 percent in the public safety and justice account of the Bureau of Indian Affairs for use by the Office of Justice Services of the Bureau in providing law enforcement or detention services, directly or through contracts or compacts with Indian tribes under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and

(B) use 45 percent to implement requirements of Indian water settlement agreements that are approved by Congress (or the legislation to implement such an agreement) under which the United States shall plan, design, rehabilitate, or construct, or provide financial assistance for the planning, design, rehabilitation, or construction of, water supply or delivery infrastructure that will serve an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); and

(3) the Secretary of Health and Human Services, acting through the Director of the Indian Health Service, shall use 5 percent to provide domestic and community sanitation facilities serving members of Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) pursuant to section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), directly or through contracts or compacts with Indian tribes under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

Legislative Activity

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4 earlier actions
Floor Latest Action

Senate amendment proposed (on the floor): Amendment SA 5076 proposed by Senator Thune.(consideration: CR S6809-6811, S6815, S6815-6816; text: CR S6809-6810)

July 16, 2008

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Floor

Senate amendment proposed (on the floor): Amendment SA 5076 proposed by Senator Thune.(consideration: CR S6809-6811, S6815, S6815-6816; text: CR S6809-6810)

July 16, 2008

Floor

Senate amendment agreed to: Amendment SA 5076 agreed to in Senate by Voice Vote.

July 16, 2008

Floor

Amendment SA 5076 proposed by Senator Thune. (consideration: CR S6809-6811, S6815, S6815-6816; text: CR S6809-6810) To provide for an emergency plan for Indian Safety and health.

July 16, 2008

Floor

Amendment SA 5076 agreed to in Senate by Voice Vote.

July 16, 2008

Floor

Senate amendment submitted

July 14, 2008

Amendments

1 amendment

Offered to this amendment