Congressional Record, Volume 149 Issue 169 (Thursday, November 20, 2003)

[Congressional Record Volume 149, Number 169 (Thursday, November 20, 2003)]
[Senate]
[Pages S15288-S15300]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. COLEMAN:
S. 1898. A bill to amend the Internal Revenue Code of 1986 to allow
tax-payers to designate part or all of any income tax refund to support
reservists and National Guard members; to the Committee on Finance.
Mr. COLEMAN. Mr. President, I ask unanimous consent that the bill I
introduce today--the Voluntary Support for Reservists and National
Guard Members Act, which creates a voluntary check-off on tax returns
to support the income lost to reservists who are called to active
duty--be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1898

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 ``Voluntary Support for
Reservists and National Guard Members Act''.

SEC. 2. DESIGNATION OF OVERPAYMENTS TO SUPPORT RESERVISTS.

(a) Designation.--
(1) In general.--Subchapter A of chapter 61 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new part:

``PART IX--DESIGNATION OF OVERPAYMENTS TO SUPPORT RESERVISTS

``Sec. 6097. Designation.

``SEC. 6097. DESIGNATION.

``(a) In General.--In the case of an individual, with
respect to each taxpayer's return for the taxable year of the
tax imposed by chapter 1, such taxpayer may designate that a
specified portion (not less than $1) of any overpayment of
tax for such taxable year be paid over to the Reservist
Income Differential Trust Fund.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year
only at the time of filing the return of the tax imposed by
chapter 1 for such taxable year. Such designation shall be
made in such manner as the Secretary prescribes by
regulations except that such designation shall be made either
on the first page of the return or on the page bearing the
taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of
this title, any portion of an overpayment of tax designated
under subsection (a) shall be treated as--
``(1) being refunded to the taxpayer as of the last date
prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the
date the return is filed, and
``(2) a contribution made by such taxpayer on such date to
the United States.''.
(2) Transfers to reservist income differential trust
fund.--The Secretary of the Treasury shall, from time to
time, transfer to the Reservist Income Differential Trust
Fund the amounts designated under section 6097 of the
Internal Revenue Code of 1986.
(3) Clerical Amendment.--The table of parts for subchapter
A of chapter 61 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:

``Part IX. Designation of overpayments to support reservists.''.

(b) Reservist Income Differential Trust Fund.--
(1) In General.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to trust fund code) is amended
by adding at the end the following new section:

``SEC. 9511. RESERVIST INCOME DIFFERENTIAL TRUST FUND.

``(a) Establishment.--There is established in the Treasury
of the United States a trust fund to be known as the
`Reservist Income Differential Trust Fund', consisting of
such amounts as may be appropriated or credited to such Trust
Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby
appropriated to the Reservist Income Differential Trust Fund
amounts equivalent to the amounts designated under section
6097 (relating to designation of overpayments to support
reservists).
``(c) Expenditures.--Amounts in the Reservist Income
Differential Trust Fund shall be available for making
distributions to eligible members of reserve components in
accordance with section 212 of title 37, United States
Code.''.
(2) Clerical Amendment.--The table of sections for such
subchapter is amended by adding at the end the following new
item:

``Sec. 9511. Reservist Income Differential Trust Fund.''.

(c) Effective Dates.--
(1) Subsection (a).--The amendments made by subsection (a)
shall apply to taxable years beginning after December 31,
2003.
(2) Subsection (b).--The amendments made by subsection (b)
shall take effect on the date of the enactment of this Act.

SEC. 3. PAY DIFFERENTIAL FOR MOBILIZED RESERVES.

(a) Authority.--
(1) In general.--Chapter 3 of title 37, United States Code,
is amended by adding at the end the following new section:

``Sec. 212. Reserves on active duty: pay differential for
service in support of a contingency operation

``(a) Authority.--To the extent provided in appropriations
Acts, the Secretary of a military department shall pay an
eligible member of a reserve component of the armed forces a
pay differential computed under subsection (c).
``(b) Eligible Member.--A member of a reserve component is
eligible for a pay differential for each month during which
the member is serving on active duty for a period of more
than 30 days pursuant to a call or order to active duty under
a provision of law referred to in section 101(a)(13)(B) of
title 10.
``(c) Amount.--(1) Subject to paragraphs (2) and (3), the
amount of a pay differential paid under this section for a
month to a member called or ordered to active duty as
described in subsection (b) shall be equal to the excess of--
``(A) the monthly rate of the salary, wage, or similar form
of compensation that applied to the member in the member's
position of employment (if any) for the last full month
before the month in which the member either commenced the
period of active duty to which called or ordered or commenced
the performance of duties for the armed forces in another
duty status in preparation for the performance of the active
duty to which called or ordered, over
``(B) the monthly rate of basic pay payable to the member
under section 204 of this title for such month of active-duty
service.
``(2) The Secretary concerned may pay a member a pay
differential under this section for a month in an amount less
than the amount computed under paragraph (1) if the Secretary
concerned determines that it is necessary to do so on the
basis of the availability of funds for such purpose.
``(3) A member may not be paid more than a total of $25,000
under this section.
``(d) Funding.--(1) Pay differentials under this section
shall be paid out of funds that are transferred from the
Reservist Income Differential Trust Fund to military
personnel accounts for the purposes of this section.
``(2) The Secretary of Defense and the Secretary of the
Treasury shall jointly prescribe regulations providing for
transfers of funds in the Reservist Income Differential Trust
Fund to the appropriate military personnel accounts to make
payments under this section.
``(3) In this section, the term `Reservist Income
Differential Trust Fund' means the Reservist Income
Differential Trust Fund referred to in section 6097 of the
Internal Revenue Code.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is

[[Page S15289]]

amended by adding at the end the following new item:

``212. Reserves on active duty: pay differential for service in support
of a contingency operation.''.

(b) Effective Date.--Section 212 of title 37, United States
Code, shall take effect on October 1, 2004, and shall apply
with respect to months that begin on or after that date.
______

By Mr. BROWNBACK (for himself and Mr. Gregg):
S. 1899. A bill to improve data collection and dissemination,
treatment, and research relating to cancer, and for other purposes; to
the Committee on Health, Education, Labor, and Pensions.
Mr. BROWNBACK. Mr. President, ours is a remarkable Nation.
America is the home to 90 of the top 100 universities. Americans work
an average of 300 hours more per year than our friends in Europe. More
patents are applied for in this Nation each year than in all of the EU
member states combined. We lead the world in research and development.
Perhaps the area in which our labor and investment will have the most
profound impact, is in field of the life sciences.
This year our Nation met a remarkable goal. In the span of the last 5
years we have doubled our financial commitment to basic health research
funding. Those funds will go toward saving and extending the lives of,
and improving the quality of life for, people around the world.
Our history has proven that when this Nation is resolute and
determined, we can achieve remarkable things.
In 1939, the United States was producing 800 military airplanes per
year. At the onset of World War II, President Roosevelt challenged the
Nation to increase manufacturing to 4,000 planes per month. By the end
of 1943, in perhaps the greatest industrial feat in history, the United
States was producing 8,000 military aircraft per month.
On May 5, 1961, the United States launched Mercury 3 and Alan Shepard
became the first American in space, spending a total of 15 minutes and
28 seconds in sub-orbit. Twenty days later President Kennedy addressed
a joint session of Congress and proposed that our Nation land a man on
the moon before the end of the decade. Only July 29, 1969, four days
after leaving the launch pad, Neil Armstrong stepped from the lunar
module to the surface of the moon in perhaps the greatest engineering
and technological feat in history.
Between 1996 and 1997, for the first time, the total number of cancer
deaths in the United States did not rise. That trend has continued to
this very day. Today, there are at least 50 compounds under
investigation for efficacy as cancer preventives and untold research is
being performed in search of new cures and treatments for cancer. This
is the time for our Nation to become resolute and determined to achieve
what may be the greatest scientific feat in history--to win the war on
cancer.
Our Nation began its commitment to the War on Cancer with the passage
of the National Cancer Institute Act of 1937. In 1971, Congress
committed itself to win the war with the passage of the National Cancer
Act. Today, I am joined by the Chairman of the Health, Education,
Labor, and Pensions Committee Judd Gregg in beginning the next campaign
of this war, with the introduction of the National Cancer Act of 2003.
With this bill we renew our commitment to the fight, and join NCI
Director Dr. Andrew Von Eshenbach in his commitment to make cancer
survivorship the rule and cancer deaths rare by 2015.
Major provisions within the legislation include: Enhancing our
current cancer registry system; enhancing our existing screening
mechanisms; creating a new Patient Education Program; enhancing NCI
Designated Comprehensive Cancer Centers; elevating the importance of
pain management and survivorship throughout the nation's cancer
programs; authorizing the Office of Survivorship within NCI; freeing
the NCI to engage private entities to further cancer research; and
providing patients with greater access to experimental therapies.
In the coming months, I look forward to working with the Chairman,
the Administration and other members interested committed to winning
the War on Cancer, to get this bill to markup, to the floor and to the
President's desk.
______

By Mr. LUGAR:
S. 1900. A bill to amend the African Growth and Opportunity Act to
expand certain trade benefits to eligible sub-Saharan African
countries, and for other purposes; to the Committee on Finance.
Mr. LUGAR. Mr. President, I rise today to introduce the ``United
States-Africa Partnership Act.'' This bill builds on the important
trade and investment initiatives that were contained in the African
Growth and Opportunity Act (AGOA) passed in 2000.
The original African Growth and Opportunity Act and the expansion of
AGOA that I am introducing today emphasize the need to elevate the
African private sector. The AGOA legislation offers enhanced trade
benefits, more U.S. private sector investment, and a higher level
dialogue with African governments. It envisions a new economic
partnership between the United States and African nations.
To gain these benefits, African countries are expected to undertake
sustained economic reform, abide by international human rights
practices, and strengthen good goverance. These standards have been
used by the U.S. to stimulate reforms in Asia, Latin America, Eastern
Europe and elsewhere. There is no reason to expect that they will not
be successful in Africa as well.
Private investment tends to follow good governance and economic
reform, but the private sector takes cues from government policies and
involvement. It is very much in our interest to play a constructive
role in the evolving political and economic transition in Africa. A
stable and prosperous Africa will be better equipped to cooperate on a
range of shared global problems such as weapons proliferation,
terrorism, narcotics, the environment and contagious diseases. African
economic success also can create new markets for American exports. If
jobs are created and foreign exchange is earned through enhanced
exports, Africa will have greater capacity to buy goods and services
from abroad. They will likely purchase machinery, electronics,
financial services, agricultural products, and many other goods and
services from U.S. suppliers.
If we had ignored Taiwan and Korea in the 1960s when they were at
stages of economic development comparable to many African societies
today, we would have missed out on enormous opportunities in East Asia.
Years from now, I hope we can look back and say that we were present at
a crucial juncture in Africa's growth and development and that we
played a constructive role in that change.
In an effort to reverse the persistent under-performance by African
economies and to stimulate American involvement in Africa, I introduced
the African Growth and Opportunity Act in the United States Senate in
1999. Since its enactment in 2000, AGOA has been a positive economic
force in Africa. In 2002, 94 percent of U.S. imports from AGOA-eligible
countries entered duty-free. The United States imported $9 billion in
merchandise duty-free under AGOA in 2002, a 10 percent increase from
2001.

Imports from African countries, not counting oil, jumped 50 percent
last year. In South Africa, sub-Sahara's most important economy,
exports of automobiles have increased sixteen-fold in the past two
years. The tiny country of Lesotho, population 2.2 million, generated
$318 million in AGOA exports in 2002. New export-oriented garment
factories have created 25,000 jobs. For the first time in its history,
private sector manufacturing employment--thanks to trade--exceeds
government employment.
Performances like this, which occurred despite the recent slowdown in
world trade, are the direct result of AGOA. The legislation lets
African countries export some 1,800 products duty-free, without quotas,
to the United States. It is a direct response to developing countries'
long-time plea; trade, not aid, is the real key to ending poverty and
bringing about sustainable, long term economic growth.
Despite these signs of progress, many Africa economies remain in bad
shape. Of the 64 least developed countries in the world, 38 are in
Africa. Per capita output of goods and services actually dropped during
the 1990s, according to the World Bank, and with only 1.4 percent of
world trade in 2001, sub-Saharan Africa has been falling behind the
rest of the world. During the 1990s,

[[Page S15290]]

global gross domestic product grew a robust 44 percent; the figure for
Africa was only 8.5 percent. From 1990 to 2001, gross national income
per capita in sub-Saharan Africa actually declined by .2 percent.
Africa is in need of help, and expanding AGOA should be a part of the
development strategy for the continent. The experience of AGOA has
taught us valuable lessons about the path to enhanced investment and
economic development and has confirmed some of the key principles that
proponents of market-based development have used to guide policy.
First, AGOA has demonstrated that a commitment to good governance and a
positive investment climate is important to economic growth. Countries
such as Lesotho, which has made significant efforts in recent years to
promote economic reform and stable democracy, have derived the most
benefit from the AGOA provisions. Second, the experience of AGOA has
demonstrated that regional integration is as essential to development
as access to the U.S. and other foreign markets. Using the
infrastructure and economic stability of South Africa as a base,
neighboring southern African countries have worked together to take
advantage of the benefits under AGOA.
AGOA should not be seen as an end in itself. Rather, it is an initial
step designed to expand development and decrease poverty by promoting
greater integration of Africa into the global trading community.
Achieving these goals will require both enhancements to the AGOA
framework and additional steps to address the compelling problems
facing Africa. Our trade efforts must be part of a broader American
partnership with the often-neglected countries of Africa.
This partnership starts with three issues. First, we must help
address the HIV/AIDS crisis in Africa. In addition to the human tragedy
that HIV/AIDS has created in Africa, the epidemic severely limits the
economic growth that would reduce Africa's poverty. When workers are
forced to call in sick more days than they are able to work, when
government positions are experiencing regular turnover, and when scarce
capital must be diverted from investment to dealing with the AIDS
crisis, it is nearly impossible to build a stable economy.

Earlier this year, Congress passed legislation establishing a program
under which the United States will contribute $15 billion over the next
5 years to address the HIV/AIDS crisis in Africa. The President signed
this bill into law and has placed his prestige behind its effective
implementation. It is my hope that this leadership and much needed
funding will start to turn the tide in the fight against the HIV/AIDS
epidemic.
Second, we have begun an effort to rethink the way that aid is
delivered to the world's poorest countries, most of which are in
Africa. Earlier this year, the Senate Foreign Relations Committee took
action on the President's Millennium Challenge Corporation initiative.
This initiative would deliver up to $8 billion over the next three
years to the world's poorest countries, and it would condition that aid
on the development of policies by the recipient countries that will
make that aid more effective. These policies include a commitment to
just and democratic governance and economic freedom. The Millennium
Challenge Corporation would build on the lessons of AGOA, which has
demonstrated that private investment will flow to countries that build
a stable, predictable investment climate. The incentives provided by
Millennium Challenge Corporation dollars would help to establish
conditions that will cause private investment dollars to flow to the
poorest countries.
Third, we need to move forward with enhancements to AGOA itself. That
is my purpose in introducing the United States Africa Partnership Act
(USAPA)--also known as ``AGAO III.''' The current AGOA expires in 2008.
My bill would extend AGOA benefits until 2015. This coincides with the
goal of the World Trade Organizations to have a ``tariff free world''
by 2015. We should take action on this extension soon so that investors
will have the certainty they need when making investment decisions
involving Africa.
AGOA contains a provision that allows least developed countries
(LDCs) to export capped quantities of apparel made from third country
fabric to the U.S. duty free. All other countries must use U.S. or
African fabric inputs in order to receive duty-free treatment. This
``special rule'' for LDCs expires on September 30, 2004. USAPA would
extend this provision for four additional years until September 30,
2008.
It also would eliminate the import sensitivity test with respect to
African products and nuisance provisions in the rule of origin for
apparel. The AGOA rule of origin is modified so that it applies only to
the essential components of apparel. USAPA also clarifies the
definitions of certain fabrics for customs purposes, including hand-
loomed folklore articles.
USAPA would develop initiatives to provide technical and capacity
building experience. In the area of agriculture, it directs the
Secretary of Agriculture to develop a comprehensive plan to increase
import and export abilities in agricultural trade. It also provides
that 20 full-time personnel of the Animal and Plant Health Inspection
Service be stationed in at least 10 AGOA eligible countries to provide
technical assistance in meeting U.S. import requirements and trade
capacity building.

In an effort to stimulate business partnerships, the bill I introduce
today also addresses investment incentives and encourages the Overseas
Private Investment Corporation, the Export-Import Bank, and the Foreign
Agricultural Service to facilitate investment in AGOA eligible
countries. It directs the Secretary of the Treasury to seek
negotiations regarding tax treaties with eligible countries.
In addition, it encourages U.S. private investment in African
transportation, energy and telecommunications and increases
coordination between U.S. and African transportation entities to reduce
transit times and costs between the United States and Africa.
Finally, the bill grants funding for the continuation of the AGOA
forums and establishes an AGOA task force to facilitate the goals of
the Act.
The original African Growth and Opportunity Act launched an effort to
formulate a new American strategy towards Africa. It sought to
establish the foundation for a more mature economic relationship with
those countries in Africa that undertake serious economic and political
reforms. That effort was supported by virtually all sub-Saharan African
nations, and it had wide support among American businesses and non-
governmental organizations. We should now seize the opportunity to
further integrate African countries into the world economy.
The United States-Africa Partnership Act that I introduce today
recognizes the enormous potential for economic growth and development
in sub-Saharan Africa. It embraces the vast diversity of people,
cultures, economies, and potential among forty-eight countries and
nearly 700 million people. A stable and economically prosperous Africa
can provide new partnerships that will contribute greatly to our
commercial and security interests. I urge all members to support the
United States-Africa Partnership Act so that we can achieve the mutual
long-term benefits that it would bring to Africa and to our country.
______

By Mr. REED (for himself, Mr. Specter, Mr. Durbin, and Mr.
Allen):
S. 1902. A bill to establish a National Commission on Digestive
Diseases; to the Committee on Health, Education, Labor, and Pensions.
Mr. REED. Mr. President, I rise today, along with my colleague,
Senator Specter of Pennsylvania, to introduce the National Commission
on Digestive Diseases Act.
It is estimated that over 62 million Americans presently suffer from
a range of painful, debilitating and in some cases, fatal digestive
diseases. Conditions such as inflammatory bowel disease (IBD),
irritable bowel syndrome (IBS), colorectal cancer, gastroesophageal
reflux disease impact the lives of our friends, loved ones and
neighbors. These diseases produce total estimated direct and indirect
costs in excess of $40 billion annually. Of course, these figures do
not take into account the serious physical and emotional toll digestive
diseases have on those afflicted.
Thanks to significant advances in medical science, we are now on the
brink of some major scientific breakthroughs in the area of digestive
disease research. However, in other areas

[[Page S15291]]

of this diverse field, we still lack even a basic understanding of the
condition itself, let alone effective methods of treatment and
prevention.
The bill I am proposing today would call upon the Secretary of the
Department of Health and Human Services (HHS) to establish a Commission
of scientific and health care providers with expertise in the field, as
well as persons suffering from digestive ailments, to assess the state
of digestive disease research and develop a long range plan to direct
our scientific research agenda with regard to digestive disease. The
Commission would submit their report to Congress in 18 months.
This legislation would build upon the successes of a digestive
disease commission that was assembled roughly 25 years ago with a
similar goal. The 1976 Commission's findings directed significant
progress in the area of digestive disease research.
While the plan set forth by the first Commission has certainly
accomplished a great deal, the burden of digestive diseases in this
country remains substantial and advancements in genetics and medical
technology compel the assembly of a new commission to guide our
research efforts well into the 21st century.
I look forward to working with my colleagues towards expeditious
passage of this important, bipartisan legislation.
Mr. SPECTER. Mr. President, I have sought recognition today to join
my colleague Senator Reed of Rhode Island to introduce the National
Commission on Digestive Diseases Act.
Each year, more than 62 million Americans are diagnosed with
digestive diseases and disorders. These conditions, such as colorectal,
liver and pancreatic cancers, inflammatory bowel disease, irritable
bowel syndrome, gastroesophageal reflux disease (GERD) and chronic
hepatitis C require patients to undergo rigorous courses of medical
therapies and treatment. As Chairman of the Labor, Health and Human
Services, and Education Appropriations Subcommittee, I am acutely aware
that while promising research developments have been made in these
areas, the causes of many of these diseases are unknown and their
incidence is on the rise.
In 2001, the Lewin Group conducted a study of the economic burden to
our society resulting from the direct and indirect costs associated
with just 17 of the over several hundred digestive diseases. The
results of this study revealed that the total costs associated with
physician care, inpatient and outpatient hospital care as well as loss
of work for patients with digestive disorders was $42 billion in the
year 2000. It is clear from this study and the findings of digestive
disease specialists around the country that these disorders represent
enormous health and economic consequences for the nation.
The National Commission on Digestive Diseases Act would address the
burden of digestive diseases in a comprehensive and coordinated manner.
This legislation would create a panel of scientists in the relevant
disciplines, patient representatives, employers and other appropriate
experts to conduct a comprehensive study on the current state of
scientific and clinical knowledge in digestive diseases. The commission
would then be charged with evaluating the resources necessary to
expedite the discovery of treatments and cures for patients with these
diseases and develop a 5-10 year long-range plan for effectively
addressing these needs.
In 1976, Congress created a Commission on Digestive Diseases Research
which serves as the successful model for this new initiative. Following
18 months of deliberations, the 1970s commission created a long-range
plan and recommendations that laid the groundwork for significant
progress in the area of digestive diseases research. The state of
scientific knowledge has changed substantially since the late 1970s,
however, and the advent of genetics and genomics research, as well as
the discovery of additional digestive diseases, compels us to look anew
at the challenges that digestive diseases present to patients and those
who care for them.
It is my hope that this legislation will advance our understanding of
the causes, effective treatments, possible prevention, and cures for
digestive diseases. I look forward to working with my colleagues to
enact this important bipartisan legislation.
______

By Ms. MURKOWSKI (for herself and Mr. Campbell):
S. 1905. A bill to provide habitable living quarters for teachers,
administrators, other school staff, and their households in the rural
areas of Alaska located in or near Alaska Native Villages; to the
Committee on Indian Affairs.
Ms. MURKOWSKI. Mr. President, I rise to introduce a bill that will
have a profound effect on the retention of teachers, administrators,
and other school staff in remote and rural areas of Alaska. I am
pleased to have Mr. Campbell join me in introducing this bill.
In rural areas of Alaska, school districts face the challenge of
recruiting and retaining teachers, administrators and other school
staff due to the lack of housing. In the Lower Kuskokwim School
District in western Alaska, they hire one teacher for every six who
decide not to accept job offers. Half of the applicants not accepting a
teaching position in that district indicated that their decision as
related to the lack of housing.
Earlier this year, I traveled through rural Alaska with Education
Secretary Rod Paige. I wanted him to see the challenges of educating
children in such a remote and rural environment. At the village school
in Savoonga, the principal slept in a broom closet in the school due to
the lack of housing in that village. The special education teacher
slept in her classroom, bringing a mattress out each evening to sleep
on the floor. The other teachers shared housing in a single home.
Needless to say, there is not enough room for the teachers' spouses.
Unfortunately, Savoonga is not an isolated example of the teacher
housing situation in rural Alaska.
Rural Alaskan school districts experience a high rate of teacher
turnover due to the lack of housing. Turnover is as high as 30 percent
each year in some rural areas with housing issues being a major factor.
How can we expect our children to receive a quality education when the
good teachers don't stay? How can we meet the mandates of No Child Left
Behind in such an educational environment? Clearly, the lack of teacher
housing in rural Alaska is an issue that must be addressed in order to
ensure that children in rural Alaska receive the same level of
education as their peers in more urban settings.
My bill authorizes the Department of Housing and Urban Development to
provide teacher housing funds to the Alaska Housing Finance
Corporation, which is a State agency. In turn, the corporation is
authorized to provide grant and loan funds to rural school districts in
Alaska for teacher housing projects.

This legislation will allow school districts in rural Alaska to
address the housing shortage in the following ways: construct housing
units; purchase housing units; lease housing units; rehabilitate
housing units; purchase or lease property on which housing units will
be constructed, purchased or rehabilitated; repay loans secured for
teacher housing projects; provide funding to fill any gaps not
previously funded by loans or other forms of financing; and conduct any
other activities normally related to the construction, purchase, or
rehabilitation of teacher housing projects.
Eligible school districts that accept funds under this legislation
will be required to provide the housing to teachers, administrators,
other school staff, and members of their households.
It is imperative that we address this important issue immediately and
allow the flexibility for the disbursement of funds to be handled at
the local level. The quality of education of our rural students is at
stake.
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. 1905

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 ``Rural Teacher Housing Act of
2003''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds that--

[[Page S15292]]

(1) housing for teachers, administrators, other school
staff, and their households in remote and rural areas of
Alaska is often substandard, if available at all;
(2) as a consequence, teachers, administrators, other
school staff, and their households are often forced to find
alternate shelter, sometimes even in school buildings; and
(3) rural school districts in Alaska are facing increased
challenges, including meeting the mandates of the No Child
Left Behind Act, in recruiting employees due to the lack of
affordable, quality housing.
(b) Purpose.--The purpose of this Act is to provide
habitable living quarters for teachers, administrators, other
school staff, and their households in rural areas of Alaska
located in or near Alaska Native Villages.

SEC. 3. DEFINITIONS.

In this Act, the following definitions shall apply:
(1) Alaska housing finance corporation.--The term ``Alaska
Housing Finance Corporation'' means the State housing
authority for the State of Alaska, created under the laws of
the State of Alaska, or any successor thereto.
(2) Elementary school.--The term ``elementary school'' has
the meaning given that term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Eligible school district.--The term ``eligible school
district'' means a public school district (as defined under
the laws of the State of Alaska) located in the State of
Alaska that operates one or more schools in a qualified
community.
(4) Native village.--The term ``Native Village''--
(A) has the meaning given that term in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C 1602); and
(B) includes the Metlakatla Indian Community of the Annette
Islands Reserve.
(5) Other school staff.--The term ``other school staff''
means pupil services personnel, librarians, career guidance
and counseling personnel, education aides, and other
instructional and administrative school personnel.
(6) Qualified community.--
(A) In general.--The term ``qualified community'' means a
home rule or general law city incorporated under the laws of
the State of Alaska, or an unincorporated community (as
defined under the laws of the State of Alaska) in the State
of Alaska situated outside the limits of such a city, with
respect to which, the Alaska Housing Finance Corporation has
determined that the city or unincorporated community--
(i) has a population of 6,500 or fewer individuals;
(ii) is situated within or near a Native Village, as
determined by the Alaska Housing Finance Corporation; and
(iii) is not connected by road or railroad to the
municipality of Anchorage, Alaska.
(B) Connected by road.--In this paragraph, the term
``connected by road'' does not include a connection by way of
the Alaska Marine Highway System, created under the laws of
the State of Alaska, or a connection that requires travel by
road through Canada.
(7) Secondary school.--The term ``secondary school'' has
the meaning given that term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(9) Teacher.--The term ``teacher'' means an individual who
is employed as a teacher in a public elementary or secondary
school, and meets the teaching certification or licensure
requirements of the State of Alaska.
(10) Tribally designated housing entity.--The term
``tribally designated housing entity'' has the meaning given
that term in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103).
(11) Village corporation.--The term ``Village Corporation''
has the meaning given that term in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602), and includes
urban and group corporations, as defined in that section.

SEC. 4. RURAL TEACHER HOUSING PROGRAM.

(a) Grants and Loans Authorized.--The Secretary shall
provide funds to the Alaska Housing Finance Corporation in
accordance with the regulations promulgated under section 5,
to be used as provided under subsection (b).
(b) Use of Funds.--
(1) In general.--Funds received pursuant to subsection (a)
shall be used by the Alaska Housing Finance Corporation to
make grants or loans to eligible school districts, to be used
as provided in paragraph (2).
(2) Use of funds by eligible school districts.--Grants or
loans received by an eligible school district pursuant to
paragraph (1) shall be used for--
(A) the construction of new housing units within a
qualified community;
(B) the purchase and rehabilitation of existing structures
to be used as housing units within a qualified community;
(C) the rehabilitation of housing units within a qualified
community;
(D) the leasing of housing units within a qualified
community;
(E) purchasing or leasing real property on which housing
units will be constructed, purchased, or rehabilitated within
a qualified community;
(F) the repayment of a loan used for the purposes of
constructing, purchasing, or rehabilitating housing units, or
for purchasing real property on which housing units will be
constructed, purchased, or rehabilitated, within a qualified
community, or any activity under subparagraph (G);
(G) any other activities normally associated with the
construction, purchase, or rehabilitation of housing units
within a qualified community, including--
(i) connecting housing units to various utilities;
(ii) preparation of construction sites;
(iii) transporting all equipment and materials necessary
for the construction or rehabilitation of housing units to
and from the site on which such housing units exist or will
be constructed; and
(iv) environmental assessment and remediation of
construction sites or sites where housing units exist; and
(H) the funding of any remaining costs for the
construction, purchase, or rehabilitation of housing units
within a qualified community, the purchase of real property
within a qualified community, or any activity listed under
subparagraph (G) that is not financed by loans or other
sources of funding.
(c) Ownership of Housing and Land.--
(1) In general.--All housing units constructed, purchased,
or rehabilitated, or real property purchased, with grant or
loan funds provided under this Act, or with respect to which
funds under this Act have been expended, shall be owned by
the relevant eligible school district, municipality (as
defined under the laws of the State of Alaska), Village
Corporation, the Metlakatla Indian Community of the Annette
Islands Reserve, or a tribally designated housing entity.
Ownership of housing units and real property may be
transferred between such entities.
(d) Occupancy of Housing Units.--
(1) In general.--Except as provided under paragraphs (2)
and (3), each housing unit constructed, purchased,
rehabilitated, or leased with grant or loan funds under this
Act, or with respect to which funds awarded under this Act
have been expended, shall be provided to teachers,
administrators, other school staff, and members of their
households.
(2) Non-session months.--A housing unit constructed,
purchased, rehabilitated, or leased with grant or loan funds
under this Act, or with respect to which funds awarded under
this Act have been expended, may be occupied by individuals
other than teachers, administrators, other school staff, or
members of their household, only during those times in which
school is not in session.
(3) Temporary occupants.--A vacant housing unit
constructed, purchased, rehabilitated, or leased with grant
or loan funds under this Act, or with respect to which funds
awarded under this Act have been expended, may be occupied by
a contractor or guest of an eligible school district for a
maximum period of time, to be determined by the Alaska
Housing Finance Corporation.
(e) Compliance With Law.--Each eligible school district
receiving a grant or loan under this Act shall ensure that
all housing units constructed, purchased, rehabilitated, or
leased with such grant or loan funds, or with respect to
which funds awarded under this Act have been expended, meet
all applicable laws, regulations, and ordinances.
(f) Program Policies.--
(1) In general.--The Alaska Housing Finance Corporation,
after consulting with eligible school districts, shall
establish policies governing the administration of grant and
loan funds made available under this Act. Such policies shall
include a methodology for ensuring that funds provided under
this Act are made available on an equitable basis to eligible
school districts.
(2) Revisions.--Not less than every 3 years, the Alaska
Housing Finance Corporation shall, in consultation with
eligible school districts, consider revisions to the policies
established under paragraph (1).

SEC. 5. REGULATIONS.

Not later than 1 year after the date of enactment of this
Act, the Secretary shall promulgate such regulations as are
necessary to carry out this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to
the Department of Housing and Urban Development such sums as
are necessary for each of the fiscal years 2005 through 2014,
to carry out this Act.
(b) Limitation.--The Secretary and the Alaska Housing
Finance Corporation shall each use not more than 5 percent of
the funds appropriated in any fiscal year to carry out this
Act for administrative expenses associated with the
implementation of this Act.
______

By Mr. SESSIONS (for himself and Mr. Miller):
S. 1906. A bill to provide for enhanced Federal, State, and local
enforcement of the immigration laws, and for other purposes; to the
Committee on the Judiciary.
Mr. SESSIONS. Mr. President, I rise today to introduce the Homeland
Security Enhancement Act of 1003. Senator Miller and I have taken the
lead in encouraging a culture of cooperation of all levels of
immigration law enforcement--Federal, State, and local--and seek to
build an immigration law enforcement system that uses unified

[[Page S15293]]

databases for information sharing from one level to another.
The subject matter of the bill introduced today is one I care very
deeply about--the ability of State and local law enforcement to
voluntarily aid the Federal Government in the Enforcement of
immigration law. Let me be clear, this bill is not about the
commandeering of State and local police forces or about forcing them to
dedicate resources toward immigration law enforcement, it is simply
about their authority to participate in immigration law enforcement if
they so choose.
I am convinced that our ability to successfully enforce our
immigration laws is a test of whether we will be a Nation governed by
laws.
Many of the immigration reforms enacted by this Congress since 9/11
have been aimed at fixing the first half of our broken immigration
system, the visa issuance process that allowed terrorists to enter our
country under the guise of legality.
It is now time to look at the second half of our broken immigration
system--the half that allows people to remain here illegally for
indefinite time periods, regardless of how they came here.
We know that Americans strongly value our heritage as a Nation of
immigrants. Americans openly welcome legal immigrants and new citizens
with character, ability, decency, and a strong work ethic. However, it
is also clear Americans do not feel the same way about illegal
immigration. The fact is that a large majority of Americans feel that
State and local governments should be aiding the Federal Government in
stopping illegal immigration.
A RoperASW poll published in March of this year titled ``Americans
Talk About Illegal Immigration'' found that 88 percent of Americans
agree, and 68 percent ``strongly'' agree, that Congress should require
State and local government agencies to notify the INS, now ICE, and
their local law enforcement when they determine that a person is here
illegally or has presented fraudulent documentation. Additionally, 85
percent of Americans agree, and 62 percent ``strongly'' agree that
Congress should pass a law requiring State and local governments and
law enforcement agencies, to apprehend and turn over to the INS, now
ICE, illegal immigrants with whom they come in contact.
Those numbers speak volumes about the desires of the American
population. It is important to note that those numbers were collected
on requiring state and local action. It is very likely that a poll on
this bill, a bill that is about volunteer State and local action would
yield even stronger support.
America's strength is based on its commitment to the rule of law.
Inscribed on the front of the Supreme Court Building just down the
street are the words, ``Equal Justice Under Law.''
In the world of immigration laws, a facade of enforcement that holds
no real consequences for law breakers is both dangerous and
irresponsible. If the only real consequence of coming to this country
illegally is a social label, then our immigration laws are but a
brightly painted sepulcher full of dead bones, for it is impossible to
be a Nation governed by the rule of law, if our laws have no real
effect on the lives of the people they govern.
Our illegal alien population is at a record high. The lack of
immigration enforcement in our country's interior has resulted in 8-10
million illegal aliens living in the U.S. with another estimated
800,000 illegal aliens joining them every year--that is on top of the
more than 1 million that legally immigrate each year. These numbers
make it easy for criminal aliens to disappear inside our borders.
Of the 8-10 million illegal aliens present today, the Department of
Homeland Security has estimated that 450,000 are ``alien absconders''--
people that have been issued final deportation orders but have not
shown up for their hearings.
An estimated 86,000 of them are criminal illegal aliens--people
convicted of crimes they committed in the U.S. who should have been
deported, but have slipped through the cracks and are still here.
The next number is perhaps the most concerning--3,000 of the ``alien
absconders'' within our borders are from one of the countries that the
State Department has designated to be a ``state sponsor of terrorism.''
The number of illegal aliens outweighs the number of federal agents
whose job it is to find them within our borders by 5,000 to 1. The
enforcement arm of the old INS, now called The Bureau of Immigration
and Customs Enforcement (ICE) has a mere 2,000 interior agents inside
the borders. Leaving the job of interior immigration enforcement solely
to them will guarantee failure.
State and local police, a force 650,000 strong, are the eyes and ears
of our communities. They are sworn to uphold the law. They police our
streets and neighborhoods every day. Their role is critical to the
success of our immigration system.
For that critical role to be effective, a few very important things
need to happen: 1. State and local law enforcement need clear authority
to voluntarily act; 2. the NCIC needs to contain critical immigration
related information that can be accessed on the roadside; 3. Federal
immigration officials have to take custody of illegal aliens
apprehended by State officers, they can not continue to tell them to
just let them go; 4. the Institutional Removal Program has to be
expanded so that criminal aliens are detained after their State
sentences until deportation, they can't be released back into the
community just to be searched for by federal officials at a later date;
and 5. critically needed federal bedspace has to be given to DHS for
they can not guarantee effective removal without adequate detention
space.
The Homeland Security Enhancement Act that Senator Miller and I are
introducing today will do all of those things.
Let me tell you about a few of the problems in immigration
enforcement that started my interest in this area and prompted me to
author this bill.
A few years ago, police chiefs and sheriffs in Alabama began to tell
me that they had been shut out of the system and felt powerless to do
anything about Alabama's growing illegal immigrant population.
As I went to town hall meetings and conferences with police, I heard
the same story--``we have given up calling the INS because INS tells us
we have to have 15 or more illegal aliens in custody or they will not
even come pick them up.''
Even worse is that Alabama police were told that the aliens could not
be detained until the INS could manage to send someone. They were told
they had to just let them go! They were being told this, even though I
thought the legal authority of State and local officers to voluntarily
act on violations of immigration law was clear. If there is any doubt
that State and local officers have this authority, Congress needs to
fix that, which is what this bill will do.
Only two circuits have expressly ruled on State and local law
enforcement authority to make an arrest on an immigration law
violation. In 1983, the Ninth Circuit, while not mentioning a
preexisting general authority, held that nothing in federal law
precludes the police from enforcing the criminal provisions of the
Immigration and Naturalization Act. See Gonzales v. City of Peoria, 722
F.2d 468 (9th Cir. 1983).
The Tenth Circuit has reviewed this question on several occasions,
concluding squarely that a ``State trooper has general investigatory
authority to inquire into possible immigration violations.'' United
States v. Salinas-Calderon, 728 f.2d 1298, 1301 n.3 (10th Cir. 1984).
As the Tenth Circuit has described it, there is a ``preexisting
general authority of State or local police officers to investigate and
make arrests for violations of federal law, including immigration
laws.,'' United States v. Vasquez-Alvares, 176 F.3d 1294, 1295 (10th
Cir. 1999). And again, in 2001, the Tenth Circuit reiterated that
``State and local police officers [have] implicit authority within
their respective jurisdictions `to investigate and make arrests for
violations of federal law, including immigration laws.' '' United
States v. Santana-Garcia, 264 F.3d 1188, 1194 (citing United States v.
Vasquez-Alvarez, 176 F.3d 1294, 1295).
None of these Tenth Circuit holdings drew any distinction between
criminal violations of the INA and civil provisions that render an
alien deportable.

[[Page S15294]]

It appears that the Ninth Circuit started the confusion regarding the
distinction between civil and criminal violations in Gonzales v. City
of Peoria by asserting in dicta that the civil provisions of the INA
are a persuasive regulatory scheme, and therefore only the federal
government has the power to enforce civil violations. See Gonzales v.
City of Peoria, 722 F.2d 468 (9th Cir. 1983).
This confusion was, to some extent, fostered by an erroneous 1996
opinion of the Office of Legal Counsel (OLC) of the department of
Justice, the relevant part of which has since been withdrawn by OLC.
Why was the Federal agency responsible for immigration enforcement
telling my police chiefs in Alabama to just let illegal aliens go?
To be fair, ICE probably does not have the manpower or detention
space to take custody and detain all illegal aliens. With less than
20,000 appropriated detention beds, ICE tells my office that they do
not have the bed space to detain all the illegal aliens that they
apprehend; instead, they have to give first priority to detaining the
worst of the worst--individuals such as convicted felon aliens.
It is shocking to me that even though we know that detention is a key
element of effective removal, we do not even detail all illegal aliens
that have been convicted of crimes, even convicted of felonies, before
removal. Last February, in a report titled ``the Immigration and
Naturalization Service's Removal of Aliens Issued Final Orders'' the
Department of Justice Inspector General found that 87 percent of those
not detained before removal never get deported. Even in high risk
categories, the IG found that only fractions of non-detained violators
are ever removed--35 percent of those with criminal records and 6
percent of those from ``state sponsors of terrorism.''
These percentages have not changed substantially since 1996, when the
last IG report issued on the ability to remove aliens found that 89
percent of aliens with final deportation orders that are not detained
are never removed.
But we cannot lay all the blame on DHS--they can only detain illegal
aliens that they have space to detain. They are using all of the
bedspace that they have and are releasing people that should be
detained because there is no more room. The Homeland Security
Enhancement Act would add the critical bedspace DHS needs to fulfill
its mission of interior enforcement.
The third problem that has been brought to my attention is the
inadequate way we share immigration information with State and local
police. We have databases full or information on criminal aliens and
aliens with final deportation orders, but that information is not
directly available to state and local police. They have to make a
special second inquiry to the immigration center in Vermont just to see
if an illegal alien is a wanted by DHS.
Without easy access to immigration database information, and with ICE
unwilling to come and identify every suspected illegal alien, State and
local police cannot quickly and accurately identify who they have
detained and who they will be releasing back into the community if they
follow ICE's instruction to ``just let them go.''
State and local police are accustomed to checking for criminal
information in the NCIC (National Crime Information Center) database,
which is maintained by the FBI. They can and routinely do access the
NCIC on the roadside when they pull over a car or stop a suspect.
An NCIC check, which takes just minutes, includes information about
individuals with outstanding warrants. Even fugitives that use false
identification can be identified on the roadside through use of the
NCIC when, as is often the case, a police officer has access to an
instant fingerprint scanner in his car.
Separately, ICE operates the Law Enforcement Support Center, which
makes immigration information available to State and local police, but
requires a second additional check after NCIC that most State and local
police either don't know about or don't have the time to perform.
The Hart Rudman Report, ``America Still Unprepared--America Still In
Danger,'' found that one problem America still confronts is ``650,000
local and State police officials continue to operate in a virtual
intelligence vacuum, without access to terrorist watchlists.'' The
first recommendation of the report was to ``tap the eyes and ears of
local and State law enforcement officers in preventing attacks.'' On
page 19, the report specifically cited the burden of finding hundreds
of thousands of fugitive aliens living among the population of more
than 8.5 million illegal aliens living in the U.S. and suggested that
the burden could and should be shared with 650,000 local, county, and
State law enforcement officers if they could be brought out of the
information void.
If State and local police are not accessing the immigration
information we have worked hard to make available, we must find a way
to get the information to them, through systems that are used to using.
Our bill will get information to them through the system that are
already using--the NCIC.
As part of its Alien Absconder Initiative, ICE tells us that it is in
the process of entering information on the estimated 450,000 alien
absconders into NCIC. As of October 31, only information on 15,200
alien absconders had been entered into NCIC. That number is totally
unacceptable and is shocking to me.
This should only be the beginning. At the least, the NCIC should
contain information on all illegal aliens who have received final
orders of departure and all illegal aliens who have signed voluntary
departure agreements. In truth, the NCIC should contain information on
all violations of law.
Our bill will ensure that when a NCIC roadside check is done on an
individual pulled over for speeding, police will know immediately if
the individual has already been ordered to leave the country, has
signed a legal document promising to leave, or has overstayed their
visa.
Understanding the value of getting immigration information to State
and local police comes from understanding that they are the ones who
will come into contact with the dangerous illegal aliens on a day-to-
day basis.
Three 9/11 hijackers were stopped by State and local police in the
weeks proceeding 9/11. Hijacker Mohammad Atta, believed to have piloted
American Airlines Flight 77 into the World Trade Center's north tower,
was stopped twice by police in Florida, Hijacker Ziad S. Jarrah was
stopped for speeding by Maryland State Police two days before 9/11.
And, Hani Hanjour, who was on the flight that crashed into the
Pentagon, was stopped for speeding by police in Arlington, VA. Local
police can be our most powerful tool in the war against terrorism.
The D.C. Snipers were caught because of the fingerprint collected by
local police. John Lee Malvo was identified when the fingerprint
collected from a magazine at the scene of the liquor store murder and
robbery in Montgomery, Alabama matched with the fingerprints collected
by INS agents in Washington State. Had both law enforcement entities
not done their job by taking prints, it is possible that the identity
of John Lee Malvo could have been a mystery for weeks longer.
In February, a 42-year-old woman sitting on a park bench in New York
with her boyfriend was dragged away and gang-raped by five deportable
illegal immigrants. Although 4 of the 5 had State criminal convictions
and 2 had served jail time, the INS claims they were never told about
them--thus, they were not deported as the law requires.
Fifty-six illegal aliens were caught by State and local police, and
convicted of molestation and child abuse, long before ICE's ``Operation
Predator'' found them a few weeks ago living in New York and Northern
New Jersey after they should have been deported. Of the 56 arrested,
one had raped his 10-year-old niece; another has sexually assaulted a
6-year-old boy; one had raped his 7-year-old niece; and another has
sexually assaulted a 2-year-old.
The 9/11 hijacker cases, the D.C. sniper cases, and a multitude of
criminal alien cases clearly illustrate that our State and local police
are on the front lines in combating alien crime. To cut them out of the
system, as we do now, whether intentionally or unintentionally, is to
eliminate our most effective weapon against criminal and terrorist
aliens.

The opponents of this bill will say that we don't want immigrants to
succeed and that we don't want people to

[[Page S15295]]

come here. That is absolutely not true. We believe in the rule of law.
We believe that people should come here to be citizens of this country
under the color of law. We want people to come here and reach their
fullest potential. But, we believe that a Nation has the right to set
the standards by which it accepts people, and if it sets those
standards it ought to create a legal system to enforce those standards.
This bill will work to enforce the immigration standards our Nation has
created.
The opposition will say that State and local police can not
adequately respect the civil rights of illegal aliens, and that
enforcement will cost too much and will discourage the reporting of
crimes. It is curious logic to say that we trust our police to enforce
laws against citizens but not against non-citizens here illegally.
I know that State and local police are trained to protect the civil
rights of all types of suspects and defendants and that they do so
every day in this country. In Alabama, State troopers receive annual
training on racial profiling. In New York, the NYC Police Department
operations order #11 strictly prohibits racial profiling in law
enforcement actions. If Alabama and New York are consistent in how they
instruct and train their State and local police with regards to racial
profiling, it is safe to assume that the rest of the Nation does as
well.
Under this bill, State and local police will have to respect the
civil rights of illegal aliens the same way they respect the civil
rights of all people against whom they enforce the law. State and local
police will continue to be held responsible for violations of civil
rights; this bill does not change that fact.
The opposition will say that this bill is expensive; that it costs
too much. It is always expensive to enforce the law. I do not think
this bill is overly expensive. We have made it as cost affordable as we
can by electing to efficiently use resources already available to us.
Law enforcement is not an area where it pays to pinch pennies. In
immigration enforcement, I believe that it costs us too much not to
enforce the law. I believe it is time that Congress take responsibility
for providing DHS with the resources they need to do the job we have
given them.
When it comes to immigration enforcement in America, the rule of law
is not prevailing. If we are serious about securing the homeland, we
simply must get serious about immigration enforcement.
It is time to talk about the big picture--time to be honest about
what it will really take to fix our broken immigration system. In most
cases, we don't need tougher immigration laws, we just need to utilize
our existing resources and use some new resources to enforce the laws
we already have.
If State and local police are confused about their authority to
enforce immigration laws, that authority needs to be clarified. This
bill will do that. If State and local police can not access immigration
background information on individuals quickly enough, we should change
that. This bill makes that information more accessible. If DHS is not
taking custody of the illegal aliens being apprehended by State and
local police, we need to make it possible for them to do so. This bill
will address the practice of ``catching and releasing'' illegal aliens.
If we do not have enough detection space to hold people that break the
law, then we need more detention space. This bill gives DHS 50 percent
more bedspace to use in immigration enforcement. If illegal aliens are
being released back into the community after their prison sentences
instead of being deported, we need to fix the system that releases
them. This bill will extend the Institutional Removal Program to ensure
that custody is transferred from the state prison to federal officials
at the end of the alien's prison sentence.
Once again I would like to thank Senator Miller for joining with me
to introduce this legislation. It is imperative that we take critical
steps toward regaining control of our out-of-control immigration
system. This bill is a critical step in the right direction. I
encourage my colleagues to study this bill and to join Senator Miller
and I as we work to pass the Homeland Security Act of 2003.
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. 1906

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Homeland Security
Enhancement Act of 2003''.

TITLE I--ENHANCING FEDERAL, STATE, AND LOCAL ENFORCEMENT OF THE
IMMIGRATION LAWS

SEC. 101. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT
BY STATES AND POLITICAL SUBDIVISIONS OF STATES.

Notwithstanding any other provision of law and reaffirming
the existing inherent authority of States, law enforcement
personnel of a State or a political subdivision of a State
have the inherent authority of a sovereign entity to
apprehend, arrest, detain, or transfer to Federal custody
aliens in the United States (including the transportation of
such aliens across State lines to detention centers), in the
enforcement of the immigration laws of the United States.
This State authority has never been displaced or preempted by
Congress.

SEC. 102. STATE AUTHORIZATION FOR ENFORCEMENT OF FEDERAL
IMMIGRATION LAWS ENCOURAGED.

(a) In General.--Effective 2 years after the date of
enactment of this Act, a State (or political subdivision of a
State) that has in effect a statute, policy, or practice that
prohibits law enforcement officers of the State, or of a
political subdivision within the State, from enforcing
Federal immigration laws or from assisting or cooperating
with Federal immigration law enforcement in the course of
carrying out the officers' law enforcement duties shall not
receive any of the funds that would otherwise be allocated to
the State under section 241(i) of the Immigration and
Nationality Act (8 U.S.C. 1231(i)).
(b) Reallocation of Funds.--Any funds that are not
allocated to a State due to the failure of the State to
comply with this section shall be reallocated to States that
comply with this section.

SEC. 103. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY
PRESENT IN THE UNITED STATES.

(a) Aliens Unlawfully Present.--Title II of the Immigration
and Nationality Act (8 U.S.C. 1151 et seq.) is amended by
adding after section 275 the following:

``criminal penalties and forfeiture for unlawful presence in the united
states

``Sec. 275A. (a) In addition to any other violation, an
alien present in the United States in violation of this Act
shall be guilty of a misdemeanor and shall be fined under
title 18, United States Code, imprisoned not more than 1
year, or both. The assets of any alien present in the United
States in violation of this Act shall be subject to
forfeiture under title 18, United States Code.
``(b) It shall be an affirmative defense to a violation of
subsection (a) that the alien overstayed the time allotted
under the visa due to an exceptional and extremely unusual
hardship or physical illness that prevented the alien from
leaving the United States by the required date.''.
(b) Increase in Criminal Penalties for Illegal Entry.--
Section 275(a) of the Immigration and Nationality Act (8
U.S.C. 1325(a)) is amended by striking ``6 months,'' and
inserting ``1 year,''.
(c) Permission To Depart Voluntarily.--Section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''; and
(2) in subsection (a)(2)(A), by striking ``120'' and
inserting ``30''.

SEC. 104. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL
CRIME INFORMATION CENTER DATABASE.

(a) Provision of Information to the NCIC.--Not later than
180 days after the date of enactment of this Act, the Under
Secretary for Border and Transportation Security of the
Department of Homeland Security shall provide the National
Crime Information Center of the Department of Justice with
such information as the Director may have on any and all
aliens against whom a final order of removal has been issued,
any and all aliens who have signed a voluntary departure
agreement, and any and all aliens who have overstayed their
visa. Such information shall be provided to the National
Crime Information Center regardless of whether or not the
alien received notice of a final order of removal and even if
the alien has already been removed.
(b) Inclusion of Information in the NCIC Database.--Section
534(a) of title 28, United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States,
regardless of whether or not the alien has received notice of
the violation and even if the alien has already been removed;
and''.

[[Page S15296]]

SEC. 105. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF
INFORMATION ABOUT APPREHENDED ILLEGAL ALIENS.

(a) Provision of Information.--
(1) In general.--In order to receive funds under the State
Criminal Alien Assistance Program described in section 241(i)
of the Immigration and Nationality Act (8 U.S.C. 1231(i)),
States and localities shall provide to the Department of
Homeland Security the information listed in subsection (b) on
each alien apprehended in the jurisdiction of the State or
locality who is believed to be in violation of an immigration
law of the United States.
(2) Time limitation.--Not later than 10 days after an alien
described in paragraph (1) is apprehended, information
required to be provided under paragraph (1) must be provided
in such form and in such manner as the Secretary of Homeland
Security may, by regulation or guideline, require.
(b) Information Required.--The information listed in this
subsection is as follows:
(1) The alien's name.
(2) The alien's address or place of residence.
(3) A physical description of the alien.
(4) The date, time, and location of the encounter with the
alien and reason for stopping, detaining, apprehending, or
arresting the alien.
(5) If applicable, the alien's driver's license number and
the State of issuance of such license.
(6) If applicable, the type of any other identification
document issued to the alien, any designation number
contained on the identification document, and the issuing
entity for the identification document.
(7) If applicable, the license plate number, make, and
model of any automobile registered to, or driven by, the
alien.
(8) A photo of the alien, if available or readily
obtainable.
(9) The alien's fingerprints, if available or readily
obtainable.
(c) Reimbursement.--The Department of Homeland Security
shall reimburse States and localities for all reasonable
costs, as determined by the Secretary of Homeland Security,
incurred by that State or locality as a result of providing
information required by this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated such sums as necessary to carry out this
Act.

SEC. 106. INCREASED FEDERAL DETENTION SPACE.

(a) Construction or Acquisition of Detention Facilities.--
(1) In general.--The Secretary of Homeland Security shall
construct or acquire, in addition to existing facilities for
the detention of aliens, 20 detention facilities in the
United States, with 500 beds per facility, for aliens
detained pending removal or a decision on removal of such
alien from the United States.
(2) Additional facilities.--Whenever the capacity of any
detention facility remains within a 1 percent range of full
capacity for longer than 1 year, the Secretary of Homeland
Security shall construct or acquire additional detention
facilities beyond the number authorized in paragraph (1) as
are appropriate to eliminate that condition.
(3) Determinations.--The need for, or location of, any
detention facility built or acquired in accordance with this
subsection shall be determined by the detention trustee
within the Bureau of Immigration and Customs Enforcement.
(4) Use of installations under base closure laws.--In
acquiring detention facilities under this subsection, the
Secretary of Homeland Security shall consider the transfer of
appropriate portions of military installations approved for
closure or realignment under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) for use in accordance with
subsection (a)(1).
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as necessary to carry out this
section.
(c) Technical and Conforming Amendment.--Section 241(g)(1)
of the Immigration and Nationality Act (8 U.S.C. 1231(g)(1))
shall be amended by striking ``may expend'' and inserting
``shall expend''.

SEC. 107. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY
STATE OR LOCAL LAW ENFORCEMENT.

(a) In General.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding
after section 240C the following:

``custody of illegal aliens

``Sec. 240D.
``(a) If the chief executive officer of a State (or, if
appropriate, a political subdivision of the State) exercising
authority with respect to the apprehension of an illegal
alien submits a request to the Secretary of Homeland Security
that the alien be taken into Federal custody, the Secretary
of Homeland Security--
``(1) shall--
``(A) not later than 48 hours after the conclusion of the
State charging process or dismissal process, or if no State
charging or dismissal process is required, not later than 48
hours after the illegal alien is apprehended, take the
illegal alien into the custody of the Federal Government and
incarcerate the alien; or
``(B) request that the relevant State or local law
enforcement agency temporarily incarcerate or transport the
illegal alien for transfer to Federal custody; and
``(2) shall designate a Federal, State, or local prison or
jail or a private contracted prison or detention facility
within each State as the central facility for that State to
transfer custody of the criminal or illegal aliens to the
Department of Homeland Security.''.
``(b) The Department of Homeland Security shall reimburse
States and localities for all reasonable expenses, as
determined by the Secretary of Homeland Security, incurred by
a State or locality in the incarceration and transportation
of an illegal alien as described in subparagraphs (A) and (B)
of subsection (a)(1). Compensation provided for costs
incurred under subparagraphs (A) and (B) of subsection (a)(1)
shall be the average cost of incarceration of a prisoner in
the relevant State, as determined by the chief executive
officer of a State (or, as appropriate, a political
subdivision of the State) plus the cost of transporting the
criminal or illegal alien from the point of apprehension, to
the place of detention, and to the custody transfer point if
the place of detention and place of custody are different.
``(c) The Secretary of Homeland Security shall ensure that
illegal aliens incarcerated in Federal facilities pursuant to
this subsection are held in facilities which provide an
appropriate level of security.
``(d)(1) In carrying out this section, the Secretary of
Homeland Security may establish a regular circuit and
schedule for the prompt transfer of apprehended illegal
aliens from the custody of States and political subdivisions
of States to Federal custody.
``(2) The Secretary of Homeland Security may enter into
contracts with appropriate State and local law enforcement
and detention officials to implement this subsection.
``(e) For purposes of this section, the term `illegal
alien' means an alien who--
``(1) entered the United States without inspection or at
any time or place other than that designated by the Secretary
of Homeland Security;
``(2) was admitted as a nonimmigrant and who, at the time
the alien was taken into custody by the State or a political
subdivision of the State, had failed to--
``(A) maintain the nonimmigrant status in which the alien
was admitted or to which it was changed under section 248; or
``(B) comply with the conditions of any such status;
``(3) was admitted as an immigrant and has subsequently
failed to comply with the requirements of that status; or
``(4) failed to depart the United States under a voluntary
departure agreement or under a final order of removal.''.
(b) Authorization of Appropriations for the Detention and
Transportation to Federal Custody of Aliens Not Lawfully
Present.--There is authorized to be appropriated $500,000,000
for the detention and removal of aliens not lawfully present
in the United States under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) for fiscal year 2004 and each
subsequent fiscal year.

SEC. 108. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT
PERSONNEL RELATING TO THE ENFORCEMENT OF
IMMIGRATION LAWS.

(a) Training Manual and Pocket Guide.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Homeland Security
shall establish--
(A) a training manual for law enforcement personnel of a
State or political subdivision of a State to train such
personnel in the investigation, identification, apprehension,
arrest, detention, and transfer to Federal custody of aliens
in the United States (including the transportation of such
aliens across State lines to detention centers and
identification of fraudulent documents); and
(B) an immigration enforcement pocket guide for law
enforcement personnel of a State or political subdivision of
a State to provide a quick reference for such personnel in
the course of duty.
(2) Availability.--The training manual and pocket guide
established in accordance with paragraph (1) shall be made
available to all State and local law enforcement personnel.
(3) Applicability.--Nothing in this subsection shall be
construed to require State or local law enforcement personnel
to carry the training manual or pocket guide established in
accordance with paragraph (1) with them while on duty.
(4) Costs.--The Department of Homeland Security shall be
responsible for any costs incurred in establishing the
training manual and pocket guide under this subsection.
(b) Training Flexibility.--
(1) In general.--The Department of Homeland Security shall
make training of State and local law enforcement officers
available through as many means as possible, including
residential training at Federal facilities, onsite training
held at State or local police agencies or facilities, online
training courses by computer, teleconferencing, and
videotape, or the digital video display (DVD) of a training
course or courses.
(2) Federal personnel training.--The training of State and
local law enforcement personnel under this section shall not
displace or otherwise adversely affect the training of
Federal personnel.
(c) Administration Fees.--The Secretary of Homeland
Security may charge a fee for training under subsection (b)
that shall be an amount equal to not more than half the
actual costs of providing such training.
(d) Clarification.--Nothing in this Act or any other
provision of law shall be construed

[[Page S15297]]

as making any immigration-related training a requirement for,
or prerequisite to, any State or local law enforcement
officer exercising that officer's inherent authority to
apprehend, arrest, detain, or transfer to Federal custody
illegal aliens during the normal course of carrying out their
law enforcement duties.
(e) Training Limitation.--Section 287(g) of the Immigration
and Nationality Act (8 U.S.C. 1357(g)) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (2), by adding at the end the following:
``Such training shall not exceed 14 days or 80 hours,
whichever is longer.''.

SEC. 109. IMMUNITY.

(a) Personal Immunity.--Notwithstanding any other provision
of law, a law enforcement officer of a State or local law
enforcement agency shall be immune, to the same extent as a
Federal law enforcement officer, from personal liability
arising out of the enforcement of any immigration law,
provided the officer is acting within the scope of the
officer's official duties.
(b) Agency Immunity.--Notwithstanding any other provision
of law, a State or local law enforcement agency shall be
immune from any claim for money damages based on Federal,
State, or local civil rights law for an incident arising out
of the enforcement of any immigration law, except to the
extent that the law enforcement officer of that agency, whose
action the claim involves, committed a violation of Federal,
State, or local criminal law in the course of enforcing such
immigration law.

SEC. 110. PLACES OF DETENTION FOR ALIENS ARRESTED PENDING
EXAMINATION AND DECISION ON REMOVAL.

(a) In General.--Section 241(g) of the Immigration and
Nationality Act (8 U.S.C. 1231(g)) is amended by adding at
the end the following:
``(3) Policy on detention in state and local detention
facilities.--In carrying out paragraph (1), the Secretary of
Homeland Security shall ensure that an alien arrested under
section 287(a) is detained, pending the alien's being taken
for the examination described in that section, in a State or
local prison, jail, detention center, or other comparable
facility, if--
``(A) such a facility is the most suitably located Federal,
State, or local facility available for such purpose under the
circumstances;
``(B) an appropriate arrangement for such use of the
facility can be made; and
``(C) such facility satisfies the standards for the
housing, care, and security of persons held in custody of a
United States marshal.''.
(b) Detention Facility Suitability.--Notwithstanding any
other provision of law, a facility described in section
241(g)(3)(C) of the Immigration and Nationality Act, as added
by subsection (a), is adequate for detention of persons being
held for immigration related violations.
(c) Technical and Conforming Amendment.--Section 241 of the
Immigration and Nationality Act (8 U.S.C. 1231) is amended by
striking ``Attorney General'' each place that term appears
and inserting ``Secretary of Homeland Security''.

SEC. 111. INSTITUTIONAL REMOVAL PROGRAM.

(a) Continuation.--
(1) In general.--The Department of Homeland Security shall
continue to operate and implement the program known as the
Institutional Removal Program (IRP) which--
(A) identifies removable criminal aliens in Federal and
State correctional facilities;
(B) ensures such aliens are not released into the
community; and
(C) removes such aliens from the United States after the
completion of their sentences.
(2) Expansion.--The Institutional Removal Program shall be
extended to all States. Any State that receives Federal funds
for the incarceration of criminal aliens shall--
(A) cooperate with Federal Institutional Removal Program
officials;
(B) expeditiously and systematically identify criminal
aliens in its prison and jail populations; and
(C) promptly convey such information to Federal IRP
authorities as a condition for receiving such funds.
(b) Authorization for Detention After Completion of State
or Local Prison Sentence.--Law enforcement officers of a
State or political subdivision of a State have the authority
to--
(1) hold an illegal alien for a period of up to 14 days
after the alien has completed the alien's State prison
sentence in order to effectuate the transfer of the alien to
Federal custody when the alien is removable or not lawfully
present in the United States; or
(2) issue a detainer that would allow aliens who have
served a State prison sentence to be detained by the State
prison until personnel from the Bureau of Immigration and
Customs Enforcement can take the alien into custody.
(c) Technology Usage.--Technology such as videoconferencing
shall be used to the maximum extent possible in order to make
the Institutional Removal Program (IRP) available in remote
locations. Mobile access to Federal databases of aliens, such
as IDENT, and live scan technology shall be used to the
maximum extent practicable in order to make these resources
available to State and local law enforcement agencies in
remote locations.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the Institutional Removal
Program--
(1) $10,000,000 for fiscal year 2004;
(2) $20,000,000 for fiscal year 2005;
(3) $30,000,000 for fiscal year 2006;
(4) $40,000,000 for fiscal year 2007;
(5) $50,000,000 for fiscal year 2008;
(6) $60,000,000 for fiscal year 2009;
(7) $70,000,000 for fiscal year 2010; and
(8) $80,000,000 for fiscal year 2011.

TITLE II--ENHANCING ENFORCEMENT OF THE IMMIGRATION AND NATIONALITY ACT
IN THE INTERIOR THROUGH IMPROVED DOCUMENT SECURITY

SEC. 201. DRIVERS LICENSES.

(a) Expiration Date for Certain Aliens.--
(1) In general.--Section 656 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (5 U.S.C. 301
note) is amended by inserting after subsection (a) the
following:
``(b) State-Issued Driver's Licenses Expiration Date.--A
Federal agency may not accept for any identification-related
purpose a driver's license issued by a State unless, if the
driver's license is issued to an alien who is in lawful
status but who is not an alien lawfully admitted for
permanent residence, the period of validity of the license
expires on the date on which the alien's authorization to
remain in the United States expires.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect beginning on October 1, 2007, but shall
apply only to licenses issued to an individual for the first
time and to replacement or renewal licenses issued according
to State law.
(b) Condition of Funds.--Section 402(b)(1) of title 23,
United States Code, is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) prohibit aliens who are not in lawful status, as
determined under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), from being issued a driver's license in
that State.''.

SEC. 202. SECURE AND VERIFIABLE IDENTIFICATION REQUIRED FOR
FEDERAL PUBLIC BENEFITS.

(a) In General.--In the provision in the United States of a
Federal public benefit or service that requires the recipient
to produce identification, no Federal agency, commission, or
other entity within the executive, legislative, or judicial
branch of the Federal Government may accept, recognize, or
rely on (or authorize the acceptance or recognition of, or
the reliance on) any identification document, unless--
(1) the document was issued by a United States Federal or
State authority and is subject to verification by a United
States Federal law enforcement, intelligence, or homeland
security agency; or
(2) the recipient--
(A) is lawfully present in the United States;
(B) is in possession of a passport; and
(C) is a citizen of a country for which the visa
requirement for entry into the United States is waived if the
alien possesses a passport from such country.
(b) Immunity.--An elected or appointed official, employee,
or other contractor or agent of the Federal Government who
takes an action inconsistent with subsection (a) is deemed to
be acting beyond the scope of authority granted by law and
shall not be immune from liability for such action, unless
such immunity is conferred by the Constitution and cannot be
waived.
______

By Mr. DASCHLE (for himself, Mr. Johnson, Mr. Leahy, Mr. Nelson
of Nebraska, Mr. Pryor, Mr. Baucus, Mr. Dayton, Mr. Harkin, Mr.
Feingold, Mr. Bingaman, Mr. Jeffords, Mr. Edwards, and Mr.
Schumer):
S. 1907. A bill to promote rural safety and improve rural law
enforcement; to the Committee on the Judiciary.
Mr. DASCHLE. 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:
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 ``Rural Safety Act of 2003''.

TITLE I--SMALL COMMUNITY LAW ENFORCEMENT IMPROVEMENT GRANTS

SEC. 101. SMALL COMMUNITY GRANT PROGRAM.

Section 1703 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by
adding at the end the following:
``(d) Retention Grants.--
``(1) In general.--The Attorney General may make grants to
units of local government and tribal governments located
outside a Standard Metropolitan Statistical Area, which
grants shall be targeted specifically for the retention for 1
additional year of police officers funded through the COPS
Universal Hiring Program, the COPS FAST Program, the Tribal
Resources Grant Program-Hiring, or the COPS in Schools
Program.

[[Page S15298]]

``(2) Preference.--In making grants under this subsection,
the Attorney General shall give preference to grantees that
demonstrate financial hardship or severe budget constraint
that impacts the entire local budget and may result in the
termination of employment for police officers described in
paragraph (1).
``(3) Limit on grant amounts.--The total amount of a grant
made under this subsection shall not exceed 20 percent of the
original grant to the grantee.
``(4) Authorization of appropriations.--
``(A) In general.--There are authorized to be appropriated
to carry out this subsection $15,000,000 for each of fiscal
years 2005 through 2009.
``(B) Set-aside.--Of the amount made available for grants
under this subsection for each fiscal year, 10 percent shall
be awarded to tribal governments.''.

SEC. 102. SMALL COMMUNITY TECHNOLOGY GRANT PROGRAM.

Section 1701 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended by
striking subsection (k) and inserting the following:
``(k) Law Enforcement Technology Program.--
``(1) In general.--Grants made under subsection (a) may be
used to assist the police departments of units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area, in employing professional,
scientific, and technological advancements that will help
those police departments to--
``(A) improve police communications through the use of
wireless communications, computers, software, videocams,
databases, and other hardware and software that allow law
enforcement agencies to communicate and operate more
effectively; and
``(B) develop and improve access to crime solving
technologies, including DNA analysis, photo enhancement,
voice recognition, and other forensic capabilities.
``(2) Cost share requirement.--A recipient of a grant made
under subsection (a) and used in accordance with this
subsection shall provide matching funds from non-Federal
sources in an amount equal to not less than 10 percent of the
total amount of the grant made under this subsection, subject
to a waiver by the Attorney General for extreme hardship.
``(3) Administration.--The COPS Office shall administer the
grant program under this subsection.
``(4) No supplanting.--Federal funds provided under this
subsection shall be used to supplement and not to supplant
local funds allocated to technology.
``(5) Authorization of appropriations.--
``(A) In general.--There are authorized to be appropriated
$40,000,000 for each of fiscal years 2005 through 2009 to
carry out this subsection.
``(B) Set-aside.--Of the amount made available for grants
under this subsection for each fiscal year, 10 percent shall
be awarded to tribal governments.''.

SEC. 103. RURAL 9-1-1 SERVICE.

(a) Purpose.--The purpose of this section is to provide
access to, and improve a communications infrastructure that
will ensure a reliable and seamless communication between,
law enforcement, fire, and emergency medical service
providers in units of local government and tribal governments
located outside a Standard Metropolitan Statistical Area and
in States.
(b) Authority to Make Grants.--The Office of Justice
Programs of the Department of Justice shall make grants, in
accordance with such regulations as the Attorney General may
prescribe, to units of local government and tribal
governments located outside a Standard Metropolitan
Statistical Area for the purpose of establishing or improving
9-1-1 service in those communities. Priority in making grants
under this section shall be given to communities that do not
have 9-1-1 service.
(c) Definition.--In this section, the term ``9-1-1
service'' refers to telephone service that has designated 9-
1-1 as a universal emergency telephone number in the
community served for reporting an emergency to appropriate
authorities and requesting assistance.
(d) Limit on Grant Amount.--The total amount of a grant
made under this section shall not exceed $250,000.
(e) Funding.--
(1) In general.--There are authorized to be appropriated to
carry out this section $25,000,000 for fiscal year 2005, to
remain available until expended.
(2) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments.

SEC. 104. JUVENILE OFFENDER ACCOUNTABILITY.

(a) Purposes.--The purposes of this section are to--
(1) hold juvenile offenders accountable for their offenses;
(2) involve victims and the community in the juvenile
justice process;
(3) obligate the offender to pay restitution to the victim
and to the community through community service or through
financial or other forms of restitution; and
(4) equip juvenile offenders with the skills needed to live
responsibly and productively.
(b) Authority to Make Grants.--The Office of Justice
Programs of the Department of Justice shall make grants, in
accordance with such regulations as the Attorney General may
prescribe, to units of rural local governments and tribal
governments located outside a Standard Metropolitan
Statistical Area to establish restorative justice programs,
such as victim and offender mediation, family and community
conferences, family and group conferences, sentencing
circles, restorative panels, and reparative boards, as an
alternative to, or in addition to, incarceration.
(c) Program Criteria.--A program funded by a grant made
under this section shall--
(1) be fully voluntary by both the victim and the offender
(who must admit responsibility), once the prosecuting agency
has determined that the case is appropriate for this program;
(2) include as a critical component accountability
conferences, at which the victim will have the opportunity to
address the offender directly, to describe the impact of the
offense against the victim, and the opportunity to suggest
possible forms of restitution;
(3) require that conferences be attended by the victim, the
offender and, when possible, the parents or guardians of the
offender, and the arresting officer; and
(4) provide an early, individualized assessment and action
plan to each juvenile offender in order to prevent further
criminal behavior through the development of appropriate
skills in the juvenile offender so that the juvenile is more
capable of living productively and responsibly in the
community.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $10,000,000 for fiscal year 2005 for grants to
establish programs; and
(B) $5,000,000 for each of fiscal years 2006 and 2007 to
continue programs established in fiscal year 2005.
(2) Set-aside.--Of the amount made available for grants
under this section for each fiscal year, 10 percent shall be
awarded to tribal governments.

TITLE II--CRACKING DOWN ON METHAMPHETAMINE

SEC. 201. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS.

Subpart I of part B of title V of the Public Health Service
Act (42 U.S.C. 290bb et seq.) is amended by inserting after
section 509 the following:

``SEC. 510. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL
AREAS.

``(a) In general.--The Secretary, acting through the
Director of the Center for Substance Abuse Treatment, shall
make grants to community-based public and nonprofit private
entities for the establishment of substance abuse
(particularly methamphetamine) prevention and treatment pilot
programs in units of local government and tribal governments
located outside a Standard Metropolitan Statistical Area.
``(b) Administration.--Grants made in accordance with this
section shall be administered by a single State agency
designated by a State to ensure a coordinated effort within
that State.
``(c) Application.--To be eligible to receive a grant under
subsection (a), a public or nonprofit private entity shall
prepare and submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require.
``(d) Use of Funds.--A recipient of a grant under this
section shall use amounts received under the grant to
establish a methamphetamine abuse prevention and treatment
pilot program that serves one or more rural areas. Such a
pilot program shall--
``(1) have the ability to care for individuals on an in-
patient basis;
``(2) have a social detoxification capability, with direct
access to medical services within 50 miles;
``(3) provide neuro-cognitive skill development services to
address brain damage caused by methamphetamine use;
``(4) provide after-care services, whether as a single-
source provider or in conjunction with community-based
services designed to continue neuro-cognitive skill
development to address brain damage caused by methamphetamine
use;
``(5) provide appropriate training for the staff employed
in the program; and
``(6) use scientifically-based best practices in substance
abuse treatment, particularly in methamphetamine treatment.
``(e) Amount of Grants.--The amount of a grant under this
section shall be at least $19,000 but not greater than
$100,000.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$2,000,000 to carry out this section.
``(2) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments to ensure the provision of services under this
section.''.

SEC. 202. METHAMPHETAMINE PREVENTION EDUCATION.

Section 519E of the Public Health Service Act (42 U.S.C.
290bb-25e) is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (F), by striking ``and'' at the end;
(B) in subparagraph (G), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(H) to fund programs that educate rural communities,
particularly parents, teachers, and others who work with
youth, concerning the early signs and effects of
methamphetamine use, however, as a prerequisite to receiving
funding, these programs shall--
``(i) prioritize methamphetamine prevention and education;
``(ii) have past experience in community coalition building
and be part of an existing

[[Page S15299]]

coalition that includes medical and public health officials,
educators, youth-serving community organizations, and members
of law enforcement;
``(iii) utilize professional prevention staff to develop
research and science-based prevention strategies for the
community to be served;
``(iv) demonstrate the ability to operate a community-based
methamphetamine prevention and education program;
``(v) establish prevalence of use through a community needs
assessment;
``(vi) establish goals and objectives based on a needs
assessment; and
``(vii) demonstrate measurable outcomes on a yearly
basis.'';
(2) in subsection (e)--
(A) by striking ``subsection (a), $10,000,000'' and
inserting ``subsection (a)--
``(1) $10,000,000'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(2) $5,000,000 for each of fiscal years 2005 through 2009
to carry out the programs referred to in subsection
(c)(1)(H).''; and
(3) by adding at the end the following:
``(f) Set-Aside.--Of the amount made available for grants
under this section, 10 percent shall be used to assist tribal
governments.
``(g) Amount of Grants.--The amount of a grant under this
section, with respect to each rural community involved, shall
be at least $19,000 but not greater than $100,000.''.

SEC. 203. METHAMPHETAMINE CLEANUP.

(a) In General.--The Attorney General shall, through the
Department of Justice or through grants to States or units of
local government and tribal governments located outside a
Standard Metropolitan Statistical Area, in accordance with
such regulations as the Attorney General may prescribe,
provide for--
(1) the cleanup of methamphetamine laboratories and related
hazardous waste in units of local government and tribal
governments located outside a Standard Metropolitan
Statistical Area; and
(2) the improvement of contract-related response time for
cleanup of methamphetamine laboratories and related hazardous
waste in units of local government and tribal governments
located outside a Standard Metropolitan Statistical Area by
providing additional contract personnel, equipment, and
facilities.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$20,000,000 for fiscal year 2005 to carry out this section.
(2) Funding additional.--Amounts authorized by this section
are in addition to amounts otherwise authorized by law.
(3) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments.

TITLE III--LAW ENFORCEMENT TRAINING

SEC. 301. SMALL TOWN AND RURAL TRAINING PROGRAM.

(a) In General.--There is established a Rural Policing
Institute, which shall be administered by the National Center
for State and Local Law Enforcement Training of the Federal
Law Enforcement Training Center (FLETC) as part of the Small
Town and Rural Training (STAR) Program to--
(1) assess the needs of law enforcement in units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area;
(2) develop and deliver expert training programs regarding
topics such as drug enforcement, airborne counterdrug
operations, domestic violence, hate and bias crimes, computer
crimes, law enforcement critical incident planning related to
school shootings, and other topics identified in the training
needs assessment to law enforcement officers in units of
local government and tribal governments located outside a
Standard Metropolitan Statistical Area; and
(3) conduct outreach efforts to ensure that training
programs under the Rural Policing Institute reach law
enforcement officers in units of local government and tribal
governments located outside a Standard Metropolitan
Statistical Area.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$10,000,000 for fiscal year 2005, and $5,000,000 for each of
fiscal years 2006 through 2009 to carry out this section,
including contracts, staff, and equipment.
(2) Set-aside.--Of the amount made available for grants
under this section for each fiscal year, 10 percent shall be
awarded to tribal governments.
______

By Mr. COCHRAN (for himself and Mr. Kennedy):
S. 1909. A bill to amend the Public Health Service Act to improve
stroke prevention, diagnosis, treatment, and rehabilitation; to the
Committee on Health, Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, it is a privilege to join with Senator
Cochran in supporting the Stroke Treatment and Ongoing Prevention Act
of 2003. The STOP Stroke Act is a vital first step in building a
national network of effective care to diagnose and quickly treat
victims of stroke.
For over 20 years, stroke has consistently been the third leading
cause of death in our country. Every 45 seconds, another American
suffers a stroke. Every 3 minutes, another American dies. Few families
today are untouched by this cruel, debilitating, and often fatal
disease that strikes indiscriminately, robbing us of our loved ones.
More than ever today, help is available. Modern medicine is
generating new scientific advances that increase the chance of survival
and partial or even full recovery following a stroke. We are learning
how to manage this disease more effectively, and we are also learning
how to prevent it from happening in the first place.
But science doesn't save lives and protect health by itself. We have
to put new discoveries into action. We need to educate as many people
as possible about the warning signs of stroke, so that they know enough
to seek medical attention. We need to train doctors and nurses in the
best techniques of care. We need better ways to treat victims as
quickly and as effectively as possible--so that they have the best
chance of full recovery.
Our bill provides grants to States to develop statewide programs for
stroke care, so that the most effective care will be available to
patients as quickly and efficiently as possible to reduce the level of
disability caused by stroke.
Stroke systems will rely on information sharing among agencies and
individuals involved in the study and provision of care, in addition to
training for health professionals on the signs of stroke and guidelines
on best practices.
The bill also authorizes the Secretary of HHS, acting through CDC, to
operate the Paul Coverdell National Acute Stroke Registry to develop
and collect data and analyze the care of acute stroke patients. Funds
were appropriated for the registry at the end of the last Congress, but
the registry has not yet been authorized. In fact, the Senate passed
the act unanimously last year, and it came very close to House passage.
Literally millions of our fellow citizens will benefit from the lives
saved and the better care they will receive as a result of this
legislation. It's long past time for Congress to act.
______

By Mr. HATCH (for himself and Mr. Leahy):
S. 1911. A bill to amend the provisions of title III of the Trade Act
of 1974 relating to violations of the TRIPS Agreement, and for other
purposes; to the Committee on Finance.
Mr. LEAHY. Mr. President, today I introduce an important, bipartisan
piece of legislation that will amend the Trade Act of 1974 to help
ensure that America's intellectual property rights are properly
protected by our trading partners and that disputes between America and
other governments can be investigated and resolved in a quick and
sensible manner.
This bill makes commonsense changes to three important aspects of the
Trade Act of 1974. First, this bill makes certain that our partners who
benefit from trade with the United States adequately protect American
intellectual property. The TRIPS standards (Trade Related Aspects of
Intellectual Property) that the World Trade Organization uses today in
order to determine if a country is protecting intellectual property
laws were written in the early 1990s--before digital piracy had become
widespread. Our legislation will codify the necessity on the part of
other nations to keep intellectual property protections current with
technology.
In addition, this measure will establish a petition process for
bringing intellectual property claims against trade partners in the
Caribbean Basin who fail to enforce intellectual property rights while
benefiting from profitable trading programs. Under current law, there
is no provision for parties to petition the United States Trade
Representative to investigate whether or not one of our Caribbean
partners is meeting the criterion of ``fair and effective'' enforcement
of intellectual property rights in order to benefit from special trade
programs. This legislation invests the USTR with the power to ensure
that beneficiaries of favorable trading programs will not be rewarded
for failing to protect intellectual property in a meaningful way.
Finally, this bill will correct an undesirable and unintended
technical deficiency of the Trade Act of 1974 when applied to the
dispute mechanisms of the World Trade Organization. Current

[[Page S15300]]

timelines for investigating intellectual property violations under the
Trade Act force the USTR to designate certain countries as failing to
protect intellectual property before a complete investigation can be
completed and make it virtually impossible to negotiate with that
country or bring a WTO dispute settlement case in order to resolve a
dispute. This bill amends Section 301 of the Trade Act to make sure
that investigations can proceed before policy is made.

____________________