[Congressional Record (Bound Edition), Volume 149 (2003), Part 22]
[Senate]
[Pages 29943-29955]
[From the U.S. 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 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.

[[Page 29944]]

  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, 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

[[Page 29945]]

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 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

[[Page 29946]]

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--
       (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

[[Page 29947]]

     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 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

[[Page 29948]]

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. 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

[[Page 29949]]

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.

[[Page 29950]]

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

[[Page 29951]]

       (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''.

     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.

[[Page 29952]]

       (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 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.''.
     [S20NO3-497]{S15297}SEC. 109.

     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,

[[Page 29953]]

        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.
       ``(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;

[[Page 29954]]

       ``(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 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

[[Page 29955]]

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 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.

                          ____________________