[Congressional Record Volume 149, Number 72 (Wednesday, May 14, 2003)]
[Senate]
[Pages S6257-S6264]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LIEBERMAN (for himself, Mr. Dodd, Mr. Kennedy, and Mr.
Kerry):
S. 1056. A bill to establish the Upper Housatonic Valley National
Heritage Area in the State of Connecticut and the Commonwealth of
Massachusetts, and for other purposes; to be the Committee on Energy
and Natural Resources.
Mr. LIEBERMAN. Mr. President, I rise today to introduce a bill, with
Senators Christopher J. Dodd, Edward M. Kennedy, and John F. Kerry, to
establish the Upper Housatonic Valley National Heritage Area in the
State of Connecticut and the Commonwealth of Massachusetts.
This new heritage area would encompass the part of the Housatonic
River watershed that extends 60 miles from Lanesboro, MA to Kent, CT,
and includes 29 towns in Connecticut and Massachusetts, five National
Historic Landmarks, and four National Natural Landmarks. The upper
Housatonic Valley is a unique cultural and geographical region. The
region has made significant national contributions through literary,
artistic, musical, and architectural achievements; post-Industrial Age
environmental conservation and beautification efforts; and service as
the backdrop for important Revolutionary War era events and the cradle
of the iron, paper, and electrical industries and the Civil Rights
Movement. National heritage area designation will encourage
preservation and interpretation of important historical and cultural
themes and sites.
The designation will enhance and foster public-private partnerships
to educate residents and visitors about the region; improve the area's
economy through business investment, job expansion, and tourism; and
protect the area's natural and cultural heritage. In introducing this
bill, we recognize the widespread support for the national heritage
area designation within Connecticut and Massachusetts, and, in
particular, the large membership and extensive activities of the non-
profit organization Upper Housatonic Valley National Heritage Area,
Inc.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1056
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 ``Upper Housatonic Valley
National Heritage Area Act''.
[[Page S6258]]
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The upper Housatonic Valley, encompassing 29 towns in
the hilly terrain of western Massachusetts and northwestern
Connecticut, is a singular geographical and cultural region
that has made significant national contributions through its
literary, artistic, musical, and architectural achievements,
its iron, paper, and electrical equipment industries, and its
scenic beautification and environmental conservation efforts.
(2) The upper Housatonic Valley has 139 properties and
historic districts listed on the National Register of
Historic Places including--
(A) five National Historic Landmarks--
(i) Edith Wharton's home, The Mount, Lenox, Massachusetts;
(ii) Herman Melville's home, Arrowhead, Pittsfield,
Massachusetts;
(iii) W.E.B. DuBois' Boyhood Homesite, Great Barrington,
Massachusetts;
(iv) Mission House, Stockbridge, Massachusetts; and
(v) Crane and Company Old Stone Mill Rag Room, Dalton,
Massachusetts; and
(B) four National Natural Landmarks--
(i) Bartholomew's Cobble, Sheffield, Massachusetts, and
Salisbury, Connecticut;
(ii) Beckley Bog, Norfolk, Connecticut;
(iii) Bingham Bog, Salisbury, Connecticut; and
(iv) Cathedral Pines, Cornwall, Connecticut.
(3) Writers, artists, musicians, and vacationers have
visited the region for more than 150 years to enjoy its
scenic wonders, making it one of the country's leading
cultural resorts.
(4) The upper Housatonic Valley has made significant
national cultural contributions through such writers as
Herman Melville, Nathaniel Hawthorne, Edith Wharton, and
W.E.B. DuBois, artists Daniel Chester French and Norman
Rockwell, and the performing arts centers of Tanglewood,
Music Mountain, Norfolk (Connecticut) Chamber Music Festival,
Jacob's Pillow, and Shakespeare & Company.
(5) The upper Housatonic Valley is noted for its pioneering
achievements in the iron, paper, and electrical generation
industries and has cultural resources to interpret those
industries.
(6) The region became a national leader in scenic
beautification and environmental conservation efforts
following the era of industrialization and deforestation and
maintains a fabric of significant conservation areas
including the meandering Housatonic River.
(7) Important historical events related to the American
Revolution, Shays' Rebellion, and early civil rights took
place in the upper Housatonic Valley.
(8) The region had an American Indian presence going back
10,000 years and Mohicans had a formative role in contact
with Europeans during the seventeenth and eighteenth
centuries.
(9) The Upper Housatonic Valley National Heritage Area has
been proposed in order to heighten appreciation of the
region, preserve its natural and historical resources, and
improve the quality of life and economy of the area.
(b) Purposes.--The purposes of this Act are as follows:
(1) To establish the Upper Housatonic Valley National
Heritage Area in the State of Connecticut and the
Commonwealth of Massachusetts.
(2) To implement the national heritage area alternative as
described in the document entitled ``Upper Housatonic Valley
National Heritage Area Feasibility Study, 2003''.
(3) To provide a management framework to foster a close
working relationship with all levels of government, the
private sector, and the local communities in the upper
Housatonic Valley region to conserve the region's heritage
while continuing to pursue compatible economic opportunities.
(4) To assist communities, organizations, and citizens in
the State of Connecticut and the Commonwealth of
Massachusetts in identifying, preserving, interpreting, and
developing the historical, cultural, scenic, and natural
resources of the region for the educational and inspirational
benefit of current and future generations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Upper Housatonic Valley National Heritage Area, established
in section 4.
(2) Management entity.--The term ``Management Entity''
means the management entity for the Heritage Area designated
by section 4(d).
(3) Management plan.--The term ``Management Plan'' means
the management plan for the Heritage Area specified in
section 6.
(4) Map.--The term ``map'' means the map entitled
``Boundary Map Upper Housatonic Valley National Heritage
Area'', numbered P17/80,000, and dated February 2003.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
Connecticut and the Commonwealth of Massachusetts.
SEC. 4. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Upper
Housatonic Valley National Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of--
(1) part of the Housatonic River's watershed, which extends
60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
(2) the towns of Canaan, Colebrook, Cornwall, Kent,
Norfolk, North Canaan, Salisbury, Sharon, and Warren in
Connecticut;
(3) the towns of Alford, Becket, Dalton, Egremont, Great
Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox,
Monterey, Mount Washington, New Marlboro, Pittsfield,
Richmond, Sheffield, Stockbridge, Tyringham, Washington, and
West Stockbridge in Massachusetts; and
(4) the land and water within the boundaries of the
Heritage Area, as depicted on the map.
(c) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service, Department of the Interior.
(d) Management Entity.--The Upper Housatonic Valley
National Heritage Area, Inc. shall be the management entity
for the Heritage Area.
SEC. 5. AUTHORITIES, PROHIBITIONS AND DUTIES OF THE
MANAGEMENT ENTITY.
(a) Duties of the Management Entity.--To further the
purposes of the Heritage Area, the management entity shall--
(1) prepare and submit a management plan for the Heritage
Area to the Secretary in accordance with section 6;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(A) carrying out programs and projects that recognize,
protect and enhance important resource values within the
Heritage Area;
(B) establishing and maintaining interpretive exhibits and
programs within the Heritage Area;
(C) developing recreational and educational opportunities
in the Heritage Area;
(D) increasing public awareness of and appreciation for
natural, historical, scenic, and cultural resources of the
Heritage Area;
(E) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with heritage area
themes;
(F) ensuring that clear, consistent, and appropriate signs
identifying points of public access and sites of interest are
posted throughout the Heritage Area; and
(G) promoting a wide range of partnerships among
governments, organizations and individuals to further the
purposes of the Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
(4) conduct meetings open to the public at least semi-
annually regarding the development and implementation of the
management plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the management entity receives Federal funds
under this Act, setting forth its accomplishments, expenses,
and income, including grants to any other entities during the
year for which the report is made;
(6) make available for audit for any fiscal year in which
it receives Federal funds under this Act, all information
pertaining to the expenditure of such funds and any matching
funds, and require in all agreements authorizing expenditures
of Federal funds by other organizations, that the receiving
organizations make available for such audit all records and
other information pertaining to the expenditure of such
funds; and
(7) encourage by appropriate means economic viability that
is consistent with the purposes of the Heritage Area.
(b) Authorities.--The management entity may, for the
purposes of preparing and implementing the management plan
for the Heritage Area, use Federal funds made available
through this Act to--
(1) make grants to the State of Connecticut and the
Commonwealth of Massachusetts, their political subdivisions,
nonprofit organizations and other persons;
(2) enter into cooperative agreements with or provide
technical assistance to the State of Connecticut and the
Commonwealth of Massachusetts, their political jurisdictions,
nonprofit organizations, and other interested parties;
(3) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and
historical resources protection, and heritage programming;
(4) obtain money or services from any source including any
that are provided under any other Federal law or program;
(5) contract for goods or services; and
(6) undertake to be a catalyst for any other activity that
furthers the purposes of the Heritage Area and is consistent
with the approved management plan.
(c) Prohibitions on the Acquisition of Real Property.--The
management entity may not use Federal funds received under
this Act to acquire real property, but may use any other
source of funding, including other Federal funding outside
this authority, intended for the acquisition of real
property.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--The management plan for the Heritage Area
shall--
(1) include comprehensive policies, strategies and
recommendations for conservation,
[[Page S6259]]
funding, management and development of the Heritage Area;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments,
private organizations, and individuals have agreed to take to
protect the natural, historical and cultural resources of the
Heritage Area;
(4) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Area in the
first 5 years of implementation;
(5) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area related to the themes of the Heritage Area
that should be preserved, restored, managed, developed, or
maintained;
(6) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques including,
but not limited to, the development of intergovernmental and
interagency cooperative agreements to protect the Heritage
Area's natural, historical, cultural, educational, scenic and
recreational resources;
(7) describe a program of implementation for the management
plan including plans for resource protection, restoration,
construction, and specific commitments for implementation
that have been made by the management entity or any
government, organization, or individual for the first 5 years
of implementation;
(8) include an analysis and recommendations for ways in
which local, State, and Federal programs, including the role
of the National Park Service in the Heritage Area, may best
be coordinated to further the purposes of this Act; and
(9) include an interpretive plan for the Heritage Area.
(b) Deadline and Termination of Funding.--
(1) Deadline.--The management entity shall submit the
management plan to the Secretary for approval within 3 years
after funds are made available for this Act.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this
subsection, the management entity shall not qualify for
Federal funding under this Act until such time as the
management plan is submitted to and approved by the
Secretary.
SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, upon the request of the
management entity, provide technical assistance on a
reimbursable or non-reimbursable basis and financial
assistance to the Heritage Area to develop and implement the
approved management plan. The Secretary is authorized to
enter into cooperative agreements with the management entity
and other public or private entities for this purpose. In
assisting the Heritage Area, the Secretary shall give
priority to actions that in general assist in--
(A) conserving the significant natural, historical,
cultural, and scenic resources of the Heritage Area; and
(B) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(2) Spending for non-federally owned property.--The
Secretary may spend Federal funds directly on non-federally
owned property to further the purposes of this Act,
especially in assisting units of government in appropriate
treatment of districts, sites, buildings, structures, and
objects listed or eligible for listing on the National
Register of Historic Places.
(b) Approval and Disapproval of Management Plan.--
(1) In general.--The Secretary shall approve or disapprove
the management plan not later than 90 days after receiving
the management plan.
(2) Criteria for approval.--In determining the approval of
the management plan, the Secretary shall consider whether--
(A) the management entity is representative of the diverse
interests of the Heritage Area including governments, natural
and historic resource protection organizations, educational
institutions, businesses, and recreational organizations;
(B) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the management
plan;
(C) the resource protection and interpretation strategies
contained in the management plan, if implemented, would
adequately protect the natural, historical, and cultural
resources of the Heritage Area; and
(D) the Secretary has received adequate assurances from the
appropriate State and local officials whose support is needed
to ensure the effective implementation of the State and local
aspects of the management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise
the management entity in writing of the reasons therefore and
shall make recommendations for revisions to the management
plan. The Secretary shall approve or disapprove a proposed
revision within 60 days after the date it is submitted.
(4) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed by the Secretary and
approved in the same manner as provided for the original
management plan. The management entity shall not use
Federal funds authorized by this Act to implement any
amendments until the Secretary has approved the
amendments.
SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activities
directly affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this Act and, to the
maximum extent practicable, coordinate such activities with
the carrying out of such duties; and,
(3) to the maximum extent practicable, conduct or support
such activities in a manner which the management entity
determines will not have an adverse effect on the Heritage
Area.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for
the purposes of this Act not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may be
appropriated for the Heritage Area under this Act.
(b) Matching Funds.--Federal funding provided under this
Act may not exceed 50 percent of the total cost of any
assistance or grant provided or authorized under this Act.
SEC. 10. SUNSET.
The authority of the Secretary to provide assistance under
this Act shall terminate on the day occurring 15 years after
the date of enactment of the Act.
By Mr. McCAIN:
S. 1057. A bill to modify the calculation of back pay for persons who
were approved for promotion as members of the Navy and Marine Corps
while interned as prisoners of war during World War II to take into
account changes in the Consumer Price Index; to the Committee on Armed
Services.
Mr. McCAIN. Mr. President, I am proud to sponsor the World War II POW
Pay Equity Act of 2003. In 2000, we passed legislation intended to
correct an injustice of not paying Navy and Marine Corps POWs for
promotions while they were interned during World War II. Unfortunately,
this legislation omitted an adjustment for inflation. The result was
that these heroes were paying in 1942 dollars, roughly equating to ten
cents on the current dollar. It is well past time to properly
compensate them for their dedicated service. This bill ensures these
former WWII POW, or their surviving spouses, would receive the
appropriate back pay adjusted for inflation for their military service.
Many of these WWII veterans need our help, not only to fix a
discriminatory act upon Navy and Marine Corps POWs, but financially as
well, since many suffer from extreme financial distress. The total
number of surviving WWII POWs is now less than 1,000 and approximately
400 spouses. We can not abandon the ``greatest generation'' who are
responsible for the successes and riches we currently enjoy in this
great country. It would be shameful for Congress and our Nation not to
compensate these veterans appropriately, as this is a debt that our
country incurred during their internment of POWs.
Make no mistake,this is a readiness issue, as well. Today's service
members are acutely aware of retirees' disenfranchisement from
delinquent policies enacted over the years, and exit surveys cite this
issue with increasing frequency as one of the factors in members'
decisions to leave service. In fact, a recent GAO study found that
``inadequate military retirement benefits'' was a significant source of
dissatisfaction among active duty officers in retention-critical
specialties.
I would like to emphasize that this year's defense authorization bill
contains over $1 billion in pork--unrequested add-ons to the defense
budget that deprive our military of vital funding for priority issues.
With the amount of unrequested spending attached to the defense
authorization bill, we could certainly find the funding for this
legislation. We must fulfill our commitment to a group who we
collectively owe our full support, admiration, and gratitude.
I request 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. 1057
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page S6260]]
SECTION 1. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS OF
NAVY AND MARINE CORPS SELECTED FOR PROMOTION
WHILE INTERNED AS PRISONERS OF WAR DURING WORLD
WAR II TO TAKE INTO ACCOUNT CHANGES IN CONSUMER
PRICE INDEX.
(a) Modification.--Section 667(c) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-170)
is amended by adding at the end the following new paragraph:
``(3) The amount determined for a person under paragraph
(1) shall be increased to reflect increases in cost of living
since the basic pay referred to in paragraph (1)(B) was paid
to or for that person, calculated on the basis of the
Consumer Price Index (all items--United States city average)
published monthly by the Bureau of Labor Statistics.''.
(b) Recalculation of Previous Payments.--In the case of any
payment of back pay made to or for a person under section 667
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 before the date of the enactment of this
Act, the Secretary of the Navy shall--
(1) recalculate the amount of back pay to which the person
is entitled by reason of the amendment made by subsection
(a); and
(2) if the amount of back pay, as so recalculated, exceeds
the amount of back pay so paid, pay the person, or the
surviving spouse of the person, an amount equal to the
excess.
______
By Mr. ALLARD (for himself and Mr. Campbell):
S. 1058. A bill to provide a cost-sharing requirement for the
construction of the Arkansas Valley Conduit in the State of Colorado;
to the Committee on Energy and Natural Resources.
Mr. ALLARD. Mr. President, an historian and poet once penned that the
history of Colorado would be written in water. In the midst of
Colorado's worst drought in 300 years, this prediction has proven an
accurate account of life in the headwater State and has proven a strong
reminder that water is indeed our most precious natural resource. Yet
in Southeastern Colorado, home of the Arkansas River, finding clean,
inexpensive water, can be difficult. That is why today I am introducing
legislation that will ensure the expedited construction of the Arkansas
Valley Conduit--a pipeline that will provide the small, financially
strapped towns and water agencies along the Arkansas River with safe,
clean, affordable water. By creating a Federal/Local cost share formula
to help offset the costs of constructing the Conduit, this legislation
will protect the future of Southeastern Colorado.
By way of background, the Arkansas Valley Conduit was originally
authorized by Congress forty years ago as a part of the Fryingpan-
Arkansas Project. Due to the authorizing statute's lack of a cost share
provision and Southeastern Colorado's depressed economic status, the
Conduit was never built. Until recently, the region has been fortunate
to enjoy an economical and safe alternative to pipeline-transportation
of Project Water: the Arkansas River. Sadly, the water quality in the
Arkansas has degraded to a point where it is no longer economical to
use as a means of transport. At the same time, the Federal government
has continued to strengthen its unfunded water quality standards.
In order to comply with these standards, the region's municipalities
have begun exploring options for water treatment, some of which are
estimated to cost between $20 million and $40 million. Taken together,
the municipalities alone are facing potential expenditures of up to
$640 million simply to comply with federally mandated water quality
standards. Construction of over a half a billion dollars worth of water
treatment facilities is simply not a feasible alternative for the
financially strapped farming communities along the Arkansas River. With
the Conduit, the communities will not need to build new water treatment
facilities.
In an effort to resurrect the Conduit, last year, Senator Ben
Nighthorse Campbell and I, worked to secure $200,000 for a Bureau of
Reclamation Re-evaluation Statement on the project. Thanks to this
effort, the people of the valley are beginning to realize that the
Conduit is much more than just a pipedream, and that Congress is
serious about fulfilling the promise of the Fryingpan-Arkansas Project.
According to the draft feasibility study, the Conduit is estimated to
cost $200 million. My legislation calls for a 75/25 Federal/Local cost
share, meaning that the local communities will be required to come up
with at least $50 million to pay for their share. This is a sizeable
sum, but is a far cry from the $640 million it would cost to build the
new treatment facilities that would be required if the Conduit is not
built. This will leave $150 million for the Federal government's share.
However, I would like to point out that this $150 million undoubtedly
would be exceeded if the communities were forced to seek Federal grants
to help build new treatment plants.
The Arkansas Valley Conduit will deliver fresh, clean water to dozens
of valley communities and thousands of people along the river. The
local sponsors of the project have initiated and are nearing the
completion of an independently funded feasibility study of the Conduit,
and have developed a coalition of support from water users in
Southeastern Colorado. They continue to explore options for financing
their share of the costs, and are working hard to develop the
organization that will oversee the Conduit project.
With the help of my colleagues, the promise made by Congress forty
years ago to the people of Southeastern Colorado, will finally become a
reality.
I ask unanimous consent that the text of the legislation be printed
in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1058
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. COST-SHARING REQUIREMENT FOR THE ARKANSAS VALLEY
CONDUIT IN THE STATE OF COLORADO.
(a) In General.--Section 7 of Public Law 87-590 (76 Stat.
393) is amended--
(1) by striking ``Sec. 7.'' and inserting the following:
``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.'';
(2) in the first sentence, by striking ``There is hereby
authorized'' and inserting the following:
``(a) Construction.--There is authorized'';
(3) in the second sentence, by striking ``There are also''
and inserting the following:
``(b) Operations and Maintenance.--There are''; and
(4) by adding at the end the following:
``(c) Arkansas Valley Conduit.--
``(1) In general.--There are authorized to be appropriated
such sums as are necessary to pay the Federal share of the
costs of constructing the Arkansas Valley Conduit in
accordance with subsection (a) of the first section, which
Federal share shall be nonreimbursable.
``(2) Non-federal share.--
``(A) In general.--The non-Federal share of the total costs
of construction (including design and engineering costs) of
the Arkansas Valley Conduit shall be not more than 25
percent.
``(B) Form.--Up to 100 percent of the non-Federal share may
be in the form of in-kind contributions.''.
(b) Applicability.--The amendments made by subsection (a)
apply to any costs of constructing the Arkansas Valley
Conduit incurred during fiscal year 2002 or any subsequent
fiscal year.
______
By Mrs. HUTCHISON:
S. 1059. A bill to amend the Internal Revenue Code of 1986 to adjust
the tax rate for political organizations; to the Committee on Finance.
Mrs. HUTCHISON. Mr. President, I am pleased to introduce a bill to
correct an inequity in our tax code.
Currently, we use inconsistent standards to tax different types of
political campaign committees. Congressional campaigns are taxed at the
applicable corporate rates: depending on how much taxable income a
campaign generates, it will be taxed at rates that vary from 15 percent
to 35 percent. However, all other campaigns must pay the highest
corporate rate of 35 percent. This is unfair.
It's wrong to tax some campaigns at rates that change according to
income level and then arbitrarily charge others at the highest possible
rate. This disparity particularly hurts local and State candidates who
generally have relatively low levels of taxable income but have to pay
the same 35 percent rate as campaigns that may generate more than $10
million in taxable income.
The bill I am introducing today will eliminate this inequity by
taxing all campaign committees at the corporate rate based on their
level of income. No longer will congressional campaigns be allowed to
receive preferred tax treatment. All campaigns will be treated the
same.
I hope my colleagues will support this effort to improve the fairness
of the tax code.
I ask unanimous consent that the text of the bill be printed in the
Record.
[[Page S6261]]
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1059
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TAX RATE FOR POLITICAL ORGANIZATIONS.
(a) In General.--Paragraph (1) of section 527(b) of the
Internal Revenue Code of 1986 (relating to tax imposed) is
amended by striking ``highest rate'' and inserting
``appropriate rates''.
(b) Conforming Amendment.--Subsection (h) of section 527 of
the Internal Revenue Code of 1986 (relating to special rule
for principal campaign committees) is repealed.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2002.
______
By Mr. BIDEN (for himself, Mr. Carper, Mr. Sarbanes, Mr. Nelson
of Florida, Mrs. Clinton, Mr. Edwards, Mr. Graham of South
Carolina, Mr. Hollings, Mr. Levin, Mr. Pryor, Mr. Reid, Mr.
Chambliss, Mr. Miller, Mr. Alexander, and Mr. Graham of
Florida):
S. 1061. A bill to authorize 36 additional bankruptcy judgeships, and
for other purposes; to the Committee on the Judiciary.
Mr. BIDEN. Mr. President, I rise today to introduce the Bankruptcy
Judgeship Act of 2003, along with over a dozen Senators of both parties
who are joining me on this legislation. This bill creates new temporary
and permanent bankruptcy judgeships in districts that need them, and
extends and converts other temporary judgeships.
The substantial increase in bankruptcy case filings in recent years
has created a dire need for additional bankruptcy judgeships. My bill
would create 23 new permanent bankruptcy judgeships, 5 temporary
judgeships, convert 2 temporary judgeships to permanent status and
extend 2 other temporary judgeships. 17 States would receive new
judgeships, as recommended by the Administrative Office for United
States Courts.
Among other things, the bill authorizes four new bankruptcy
judgeships, and converts one from temporary to permanent status, for
the District of Delaware, the Nation's most overloaded bankruptcy
district. The most recent data show weighted filings for the district
of Delaware surpassing 13,500 per judge, while the next busiest
district faces only about 3,000.
The bankruptcy bar in Delaware is among the most respected and
accomplished in the country, as are our bankruptcy judges. But our
judges are not superhuman. They must receive the assistance that this
bill would grant them, and I intend to see that they get it.
The Bankruptcy Judgeship Act of 2003 is long overdue and I urge my
colleagues to support it.
I ask unanimous consent that the text of this bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1061
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 ``Bankruptcy Judgeship Act of
2003''.
SEC. 2. AUTHORIZATION FOR ADDITIONAL BANKRUPTCY JUDGESHIPS.
The following judgeship positions shall be filled in the
manner prescribed in section 152(a)(1) of title 28, United
States Code, for the appointment of bankruptcy judges
provided for in section 152(a)(2) of such title:
(1) Two additional bankruptcy judgeships for the southern
district of New York.
(2) Four additional bankruptcy judgeships for the district
of Delaware.
(3) One additional bankruptcy judgeship for the district of
New Jersey.
(4) One additional bankruptcy judgeship for the eastern
district of Pennsylvania.
(5) Three additional bankruptcy judgeships for the district
of Maryland.
(6) One additional bankruptcy judgeship for the eastern
district of North Carolina.
(7) One additional bankruptcy judgeship for the district of
South Carolina.
(8) One additional bankruptcy judgeship for the eastern
district of Virginia.
(9) Two additional bankruptcy judgeships for the eastern
district of Michigan.
(10) Two additional bankruptcy judgeships for the western
district of Tennessee.
(11) One additional bankruptcy judgeship for the eastern
and western districts of Arkansas.
(12) Two additional bankruptcy judgeships for the district
of Nevada.
(13) One additional bankruptcy judgeship for the district
of Utah.
(14) Two additional bankruptcy judgeships for the middle
district of Florida.
(15) Two additional bankruptcy judgeships for the southern
district of Florida.
(16) Two additional bankruptcy judgeships for the northern
district of Georgia.
(17) One additional bankruptcy judgeship for the southern
district of Georgia.
SEC. 3. TEMPORARY BANKRUPTCY JUDGESHIPS.
(a) Authorization for Additional Temporary Bankruptcy
Judgeships.--The following judgeship positions shall be
filled in the manner prescribed in section 152(a)(1) of title
28, United States Code, for the appointment of bankruptcy
judges provided for in section 152(a)(2) of such title:
(1) One additional bankruptcy judgeship for the district of
Puerto Rico.
(2) One additional bankruptcy judgeship for the northern
district of New York.
(3) One additional bankruptcy judgeship for the middle
district of Pennsylvania.
(4) One additional bankruptcy judgeship for the district of
Maryland.
(5) One additional bankruptcy judgeship for the northern
district of Mississippi.
(6) One additional bankruptcy judgeship for the southern
district of Mississippi.
(7) One additional bankruptcy judgeship for the southern
district of Georgia.
(b) Vacancies.--
(1) In general.--The first vacancy occurring in the office
of bankruptcy judge in each of the judicial districts set
forth in subsection (a)--
(A) occurring 5 years or more after the appointment date of
the bankruptcy judge appointed under subsection (a) to such
office; and
(B) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge;
shall not be filled.
(2) Term expiration.--In the case of a vacancy resulting
from the expiration of the term of a bankruptcy judge not
described in paragraph (1), that judge shall be eligible for
reappointment as a bankruptcy judge in that district.
(c) Extension of Existing Temporary Bankruptcy
Judgeships.--
(1) In general.--The temporary bankruptcy judgeships
authorized for the northern district of Alabama and the
eastern district of Tennessee under paragraphs (1) and (9) of
section 3(a) of the Bankruptcy Judgeship Act of 1992 (28
U.S.C. 152 note) are extended until the first vacancy
occurring in the office of a bankruptcy judge in the
applicable district resulting from the death, retirement,
resignation, or removal of a bankruptcy judge and occurring 5
years or more after the date of enactment of this Act.
(2) Applicability of other provisions.--All other
provisions of section 3 of the Bankruptcy Judgeship Act of
1992 (28 U.S.C. 152 note) remain applicable to the temporary
bankruptcy judgeships referred to in this subsection.
SEC. 4. TRANSFER OF BANKRUPTCY JUDGESHIP SHARED BY THE MIDDLE
DISTRICT OF GEORGIA AND THE SOUTHERN DISTRICT
OF GEORGIA.
The bankruptcy judgeship presently shared by the southern
district of Georgia and the middle district of Georgia shall
be converted to a bankruptcy judgeship for the middle
district of Georgia.
SEC. 5. CONVERSION OF EXISTING TEMPORARY BANKRUPTCY
JUDGESHIPS.
(a) District of Delaware.--The temporary bankruptcy
judgeship authorized for the district of Delaware pursuant to
section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C.
152 note), shall be converted to a permanent bankruptcy
judgeship.
(b) District of Puerto Rico.--The temporary bankruptcy
judgeship authorized for the district of Puerto Rico pursuant
to section 3 of the Bankruptcy Judgeship Act of 1992 (28
U.S.C. 152 note), shall be converted to a permanent
bankruptcy judgeship.
SEC. 6. TECHNICAL AMENDMENTS.
Section 152(a)(2) of title 28, United States Code, is
amended--
(1) in the item relating to the eastern and western
districts of Arkansas, by striking ``3'' and inserting ``4'';
(2) in the item relating to the district of Delaware, by
striking ``1'' and inserting ``6'';
(3) in the item relating to the middle district of Florida,
by striking ``8'' and inserting ``10'';
(4) in the item relating to the southern district of
Florida, by striking ``5'' and inserting ``7'';
(5) in the item relating to the northern district of
Georgia, by striking ``8'' and inserting ``10'';
(6) in the item relating to the middle district of Georgia,
by striking ``2'' and inserting ``3'';
(7) in the item relating to the southern district of
Georgia, by striking ``2'' and inserting ``3'';
(8) in the collective item relating to the middle and
southern districts of Georgia, by striking ``Middle and
Southern . . . . . . 1'';
(9) in the item relating to the district of Maryland, by
striking ``4'' and inserting ``7'';
(10) in the item relating to the eastern district of
Michigan, by striking ``4'' and inserting ``6'';
(11) in the item relating to the district of Nevada, by
striking ``3'' and inserting 5'';
(12) in the item relating to the district of New Jersey, by
striking ``8'' and inserting ``9'';
(13) in the item relating to the southern district of New
York, by striking ``9'' and inserting ``11'';
[[Page S6262]]
(14) in the item relating to the eastern district of North
Carolina, by striking ``2'' and inserting ``3'';
(15) in the item relating to the eastern district of
Pennsylvania, by striking ``5'' and inserting ``6'';
(16) in the item relating to the district of Puerto Rico,
by striking ``2 and inserting ``3'';
(17) in the item relating to the district of South
Carolina, by striking ``2'' and inserting ``3'';
(18) in the item relating to the western district of
Tennessee, by striking ``4'' and inserting ``6'';
(19) in the item relating to the district of Utah, by
striking ``3'' and inserting ``4''; and
(20) in the item relating to the eastern district of
Virginia, by striking ``5'' and inserting ``6''.
Mr. SARBANES. Mr. President, I rise today in strong support of
legislation to provide more bankruptcy judges for several States,
including four additional bankruptcy judgeships for my own State of
Maryland. This legislation is being introduced today by Senator Biden,
and is being cosponsored by myself and Senators Carper, Nelson of
Florida, Clinton, Edwards, Graham of South Carolina, Hollings, Levin,
Pryor, Reid, Chambliss, Miller, Alexander and Graham of Florida.
This bill is another significant step forward in our efforts to
strengthen Maryland's Federal bankruptcy court. We have been working
for several years to get these additional judgeships approved, yet no
legislation has been passed that would authorize them. With such
inaction, the burden facing Maryland's sitting bankruptcy judges has
grown, and Maryland has remained without the additional judgeships it
so desperately needs to make our bankruptcy system work.
Maryland's four sitting bankruptcy judges continue to show remarkable
dedication given the extraordinary burdens placed upon them. However,
additional judgeships remain essential to the fair and timely
administration of the Bankruptcy Code for all of the businesses and
individuals that come before the Maryland District.
Since 1992, we have been requesting additional judgeships for the
District of Maryland; thus far none have been approved. In 1992, there
were approximately 15,000 bankruptcy filings in the District of
Maryland. From 1998 to 2002, there were over 30,000 bankruptcy filings
per year in Maryland. In the past few years the number of new filings
per year has been closer to 35,000, and in 2002 there were 35,900 new
cases. The caseload has more than doubled in the past ten years, and
the Court still does its work with only four bankruptcy judges. This
dire need for additional judgeships in Maryland has yet to be remedied
by the Congress.
This legislation provides four additional judgeships for Maryland, in
accordance with a September 2002 recommendation from the United States
Judicial Conference. These four additional judgeships would help reduce
the overwhelming workload of the four sitting bankruptcy judges. As of
June 30, 2002, the national weighted filing average for bankruptcy
judges was 1,641. The weighted filing per judge for Maryland's four
bankruptcy judges was 3,030--almost twice the national average.
Mr. President, I urge my colleagues to support this legislation,
which would provide much needed help on the bankruptcy courts in
Maryland and across the Nation.
______
By Mr. CAMPBELL.:
S. 1062. A bill to amend section 924 of title 18, United States Code,
to increase the maximum term of imprisonment for offenses involving
stolen firearms; to the Committee on the Judiciary.
Mr. CAMPBELL. Mr. President, this week, May 11 through 17, is
``National Police Week 2003.''
This is the week when thousands of law enforcement officers from all
over the United States gather here in our Nation's Capital.
Representing a full spectrum of our Nation's law enforcement personnel
including local, State, and Federal officers, they gather here to honor
their fallen comrades, as well as to celebrate all who serve this
country and its citizens. Some of this year's highlights include the
May 11 ``Law Ride,'' the May 13 ``Candlelight Vigil at the National Law
Enforcement Officers Memorial'' and the May 15 ``National Peace
Officers' Memorial Day Service'' which will be held on the Capitol
grounds. These events are being held to specifically pay tribute to the
more than 145 peace officers who were killed in the line of duty across
the U.S. during 2002.
In honor of ``National Police Week,'' today I am introducing two
bills that will help improve our Nation's justice system and protect
the law enforcement officers who put their lives on the line for us all
on a daily basis.
The first bill I am introducing is the ``Stolen Gun Penalty
Enhancement Act of 2003'' which would increase the maximum prison
sentences for violating existing stolen gun laws.
A growing number of crimes in our country are being committed with
stolen guns. The extent of this problem is reflected in a number of
recent studies and news reports which indicate that almost half a
million guns are stolen each year.
This problem is increasing, and is therefore especially alarming
among young people. A Justice Department study of juvenile inmates in
four States showed that over 50 percent of the inmates in those prison
systems had stolen a gun. In the same study, gang members and drug
sellers were also more likely to have stolen a gun.
Specifically, this bill would increase the maximum penalty for
violating four provisions of the firearms laws. Under title 18 of the
U.S. Code, it is illegal to knowingly transport or ship a stolen
firearm or stolen ammunition. It is also illegal to knowingly receive,
possess, conceal, store, sell, or otherwise dispose of a stolen firearm
or stolen ammunition. The penalty for violating either of these
provisions is a fine, a maximum term of imprisonment of 10 years, or
both.
My bill increases the maximum prison sentence to 15 years.
I am a strong supporter of the rights of law-abiding gun owners.
However, I firmly believe we need tougher penalties for the illegal use
of firearms.
The ``Stolen Gun Penalty Enhancement Act of 2003'' will send a strong
signal to criminals who are even thinking about stealing a firearm. I
urge my colleagues to join in support of this legislation.
I ask unanimous consent that the text of the Stolen Gun Penalty
Enhancement Act of 2003 be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1062
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 ``Stolen Gun Penalty
Enhancement Act of 2003''.
SEC. 2. STOLEN FIREARMS.
(a) In General.--Section 924 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``(i), (j),''; and
(B) by adding at the end the following:
``(8) Whoever knowingly violates subsection (i) or (j) of
section 922 shall be fined under this title, imprisoned not
more than 15 years, or both.'';
(2) in subsection (i)(1), by striking ``10 years'' and
inserting ``15 years''; and
(3) in subsection (l), by striking ``10 years'' and
inserting ``15 years''.
(b) Sentencing Commission.--The United States Sentencing
Commission shall amend the Federal sentencing guidelines to
reflect the amendments made under subsection (a).
______
By Mr. CAMPBELL:
S. 1065. A bill to establish a matching grant program to help State
and local jurisdictions purchase bullet-resistant equipment for use by
law enforcement departments; to the Committee on the Judiciary.
Mr. CAMPBELL. Mr. President, the second bill I am introducing today
is the ``Officer Dale Claxton Bullet Resistant Police Protective
Equipment Act of 2003''.
This bill is named in honor of Officer Dale Claxton of Cortez, CO, a
fine law enforcement officer and family man, who was fatally shot
through the windshield of his patrol car on May 29, 1998, after
stopping a stolen truck. His assailants turned out to be dangerous
fugitives and as a result, a large-scale man hunt was launched. The
assailants were brought to justice, but Officer Claxton was tragically
and prematurely taken away from his wife and four children.
``The Officer Dale Claxton Bullet Resistant Police Protective
Equipment Act'' would aid law enforcement agencies in acquiring bullet
resistant equipment for their forces, including bullet
[[Page S6263]]
resistant glass for law enforcement vehicles, hand-held shields and any
other equipment that officers may need when they serve on the front
lines of law enforcement. Specifically, this legislation would help our
Nation's State and local law enforcement officers acquire the bullet
resistant equipment they need in order to protect themselves from
would-be killers. This legislation would authorize the Department of
Justice's Bureau of Justice Assistance to administer a $40 million
matching grant program to assist these agencies purchase bullet
resistant equipment.
This legislation is a worthy companion, and similar in many ways, to
S.764, the Bulletproof Vest Partnership Grant Act, which I recently
introduced for reauthorization. Like S. 764, today's bill would help
State and local law enforcement agencies acquire bullet resistant
equipment--however this bill would simply provide for a wider array of
bullet resistant equipment to supplement bullet proof vests.
As a former deputy sheriff, I am personally aware of the dangers
which law enforcement officers face on the front lines every day. One
way in which the Federal Government can improve their safety is to help
them acquire bullet resistant glass and other equipment for patrol
cars. These partnership grants are especially crucial for officers who
serve in small, local jurisdictions that often lack the funds to
provide their officers with the life saving equipment they may need.
The second component of this legislation would launch expedited and
targeted research and development by authorizing $3 million over 3
years for the Justice Department's National Institute of Justice, NIJ,
to conduct research and development of new bullet resistant
technologies, such as bonded acrylic, polymers, polycarbons, aluminized
material, and transparent ceramics.
Promising new bullet resistant materials now being developed could be
as revolutionary in coming years as the development of Kevlar was in
the 1970s for the manufacture of body armor. These exciting new
technologies promise to be lighter, more versatile and hopefully less
expensive than traditional heavy bulletproof glass.
Our Nation's police officers, sheriffs and deputies regularly put
their lives in harm's way as they protect the people and preserve the
peace. They deserve to have access to the bullet resistant equipment
they need. The Officer Dale Claxton Bullet Resistant Police Protective
Equipment Act will both accelerate the development of new lifesaving
bullet resistant technologies and then help get them deployed into the
field where they are needed. Officers lives will be saved.
I ask unanimous consent that the text of Officer Dale Claxton Bullet
Resistant Police Protective Equipment Act of 2003 be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1065
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 ``Officer Dale Claxton
Bulletproof Police Protective Equipment Act of 2003''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) Officer Dale Claxton of the Cortez, Colorado, Police
Department was shot and killed by bullets that passed through
the windshield of his police car after he stopped a stolen
truck, and his life may have been saved if his police car had
been equipped with bullet-resistant equipment;
(2) the number of law enforcement officers who are killed
in the line of duty would significantly decrease if every law
enforcement officer in the United States had access to
additional bullet-resistant equipment;
(3) according to studies, between 1990 and 2000, 1,700 law
enforcement officers in the United States were shot and
killed in the line of duty;
(4) the Federal Bureau of Investigation estimates that the
risk of fatality to law enforcement officers while not
wearing bullet-resistant equipment, such as an armor vest, is
14 times higher than for officers wearing an armor vest; and
(5) the Executive Committee for Indian Country Law
Enforcement Improvements reports that violent crime in Indian
country has risen sharply despite a decrease in the national
crime rate, and has concluded that there is a ``public safety
crisis in Indian country''.
(b) Purpose.--The purpose of this Act is to save lives of
law enforcement officers by helping State, local, and tribal
law enforcement agencies provide officers with bullet-
resistant equipment and video cameras.
SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET-
RESISTANT EQUIPMENT.
(a) In General.--Part Y of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended--
(1) by striking the part designation and part heading and
inserting the following:
``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT
``Subpart A--Grant Program for Armor Vests'';
(2) by striking ``this part'' each place that term appears
and inserting ``this subpart''; and
(3) by adding at the end the following:
``Subpart B--Grant Program for Bullet-Resistant Equipment
``SEC. 2511. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice
Assistance is authorized to make grants to States, units of
local government, and Indian tribes to purchase bullet-
resistant equipment for use by State, local, and tribal law
enforcement officers.
``(b) Uses of Funds.--Grants awarded under this section
shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of bullet-resistant equipment
for law enforcement officers in the jurisdiction of the
grantee.
``(c) Preferential Consideration.--In awarding grants under
this subpart, the Director of the Bureau of Justice
Assistance may give preferential consideration, if feasible,
to an application from a jurisdiction that--
``(1) has the greatest need for bullet-resistant equipment
based on the percentage of law enforcement officers in the
department who do not have access to a vest;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`State and Local Law Enforcement Assistance' of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2001 (Public Law
106-553).
``(d) Minimum Amount.--Unless all eligible applications
submitted by any State or unit of local government within
such State for a grant under this section have been funded,
such State, together with grantees within the State (other
than Indian tribes), shall be allocated in each fiscal year
under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to
this section except that the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands shall
each be allocated 0.25 percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5
percent of the total amount appropriated in each fiscal year
for grants under this section, except that a State, together
with the grantees within the State may not receive more than
20 percent of the total amount appropriated in each fiscal
year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a
program provided by a grant under subsection (a) may not
exceed 50 percent. Any funds appropriated by Congress for the
activities of any agency of an Indian tribal government or
the Bureau of Indian Affairs performing law enforcement
functions on any Indian lands may be used to provide the non-
Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds
available under this subpart shall be awarded to units of
local government with fewer than 100,000 residents.
``SEC. 2512. APPLICATIONS.
``(a) In General.--To request a grant under this subpart,
the chief executive of a State, unit of local government, or
Indian tribe shall submit an application to the Director of
the Bureau of Justice Assistance in such form and containing
such information as the Director may reasonably require.
``(b) Regulations.--Not later than 90 days after the date
of enactment of this subpart, the Director of the Bureau of
Justice Assistance shall promulgate regulations to implement
this section (including the information that must be included
and the requirements that the States, units of local
government, and Indian tribes must meet) in submitting the
applications required under this section.
``(c) Eligibility.--A unit of local government that
receives funding under the Local Law Enforcement Block Grant
program, described under the heading `State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2001 (Public Law 106-553), during a
fiscal year in which it submits an application under this
subpart shall not be eligible for a grant under this subpart
unless the chief executive officer of such unit of local
government certifies and provides an explanation to the
Director that the unit of local government considered or will
consider using funding received under the block grant program
for any or all of the costs relating to the purchase of
bullet-resistant equipment, but did not, or does not expect
to use such funds for such purpose.
``SEC. 2513. DEFINITIONS.
``In this subpart--
[[Page S6264]]
``(1) the term `equipment' means windshield glass, car
panels, shields, and protective gear;
``(2) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands;
``(3) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level;
``(4) 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)); and
``(5) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders.''.
(b) Authorization of Appropriations.--Section 1001(a) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793(a)) is amended by striking paragraph (23) and
inserting the following:
``(23) There are authorized to be appropriated to carry out
part Y--
``(A) $25,000,000 for each of fiscal years 2004 through
2006 for grants under subpart A of that part; and
``(B) $40,000,000 for each of fiscal years 2004 through
2006 for grants under subpart B of that part.''.
SEC. 4. SENSE OF CONGRESS.
In the case of any equipment or products that may be
authorized to be purchased with financial assistance provided
using funds appropriated or otherwise made available by this
Act, it is the sense of Congress that entities receiving the
assistance should, in expending the assistance, purchase only
American-made equipment and products.
SEC. 5. TECHNOLOGY DEVELOPMENT.
Section 202 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3722) is amended by
adding at the end the following:
``(e) Bullet-Resistant Technology Development.--
``(1) In general.--The Institute is authorized to--
``(A) conduct research and otherwise work to develop new
bullet-resistant technologies (i.e., acrylic, polymers,
aluminized material, and transparent ceramics) for use in
police equipment (including windshield glass, car panels,
shields, and protective gear);
``(B) inventory bullet-resistant technologies used in the
private sector, in surplus military property, and by foreign
countries; and
``(C) promulgate relevant standards for, and conduct
technical and operational testing and evaluation of, bullet-
resistant technology and equipment, and otherwise facilitate
the use of that technology in police equipment.
``(2) Priority.--In carrying out this subsection, the
Institute shall give priority in testing and engineering
surveys to law enforcement partnerships developed in
coordination with high-intensity drug trafficking areas.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000
for fiscal years 2004 through 2006.''.
____________________