[Congressional Record (Bound Edition), Volume 149 (2003), Part 9]
[Senate]
[Pages 11584-11591]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LIEBERMAN (for himself, Mr. Dodd, Mr. Kennedy, and Mr. 
        Kerry):
  S. 1056. A bill to establish the Upper Housatonic Valley National 
Heritage Area in the State of Connecticut and the Commonwealth of 
Massachusetts, and for other purposes; to be the Committee on Energy 
and Natural Resources.
  Mr. LIEBERMAN. Mr. President, I rise today to introduce a bill, with 
Senators Christopher J. Dodd, Edward M. Kennedy, and John F. Kerry, to 
establish the Upper Housatonic Valley National Heritage Area in the 
State of Connecticut and the Commonwealth of Massachusetts.
  This new heritage area would encompass the part of the Housatonic 
River watershed that extends 60 miles from Lanesboro, MA to Kent, CT, 
and includes 29 towns in Connecticut and Massachusetts, five National 
Historic Landmarks, and four National Natural Landmarks. The upper 
Housatonic Valley is a unique cultural and geographical region. The 
region has made significant national contributions through literary, 
artistic, musical, and architectural achievements; post-Industrial Age 
environmental conservation and beautification efforts; and service as 
the backdrop for important Revolutionary War era events and the cradle 
of the iron, paper, and electrical industries and the Civil Rights 
Movement. National heritage area designation will encourage 
preservation and interpretation of important historical and cultural 
themes and sites.
  The designation will enhance and foster public-private partnerships 
to educate residents and visitors about the region; improve the area's 
economy through business investment, job expansion, and tourism; and 
protect the area's natural and cultural heritage. In introducing this 
bill, we recognize the widespread support for the national heritage 
area designation within Connecticut and Massachusetts, and, in 
particular, the large membership and extensive activities of the non-
profit organization Upper Housatonic Valley National Heritage Area, 
Inc.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1056

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Upper Housatonic Valley 
     National Heritage Area Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The upper Housatonic Valley, encompassing 29 towns in 
     the hilly terrain of western Massachusetts and northwestern 
     Connecticut, is a singular geographical and cultural region 
     that has made significant national contributions through its 
     literary, artistic, musical, and architectural achievements, 
     its iron, paper, and electrical equipment industries, and its 
     scenic beautification and environmental conservation efforts.
       (2) The upper Housatonic Valley has 139 properties and 
     historic districts listed on the National Register of 
     Historic Places including--
       (A) five National Historic Landmarks--
       (i) Edith Wharton's home, The Mount, Lenox, Massachusetts;
       (ii) Herman Melville's home, Arrowhead, Pittsfield, 
     Massachusetts;
       (iii) W.E.B. DuBois' Boyhood Homesite, Great Barrington, 
     Massachusetts;
       (iv) Mission House, Stockbridge, Massachusetts; and

[[Page 11585]]

       (v) Crane and Company Old Stone Mill Rag Room, Dalton, 
     Massachusetts; and
       (B) four National Natural Landmarks--
       (i) Bartholomew's Cobble, Sheffield, Massachusetts, and 
     Salisbury, Connecticut;
       (ii) Beckley Bog, Norfolk, Connecticut;
       (iii) Bingham Bog, Salisbury, Connecticut; and
       (iv) Cathedral Pines, Cornwall, Connecticut.
       (3) Writers, artists, musicians, and vacationers have 
     visited the region for more than 150 years to enjoy its 
     scenic wonders, making it one of the country's leading 
     cultural resorts.
       (4) The upper Housatonic Valley has made significant 
     national cultural contributions through such writers as 
     Herman Melville, Nathaniel Hawthorne, Edith Wharton, and 
     W.E.B. DuBois, artists Daniel Chester French and Norman 
     Rockwell, and the performing arts centers of Tanglewood, 
     Music Mountain, Norfolk (Connecticut) Chamber Music Festival, 
     Jacob's Pillow, and Shakespeare & Company.
       (5) The upper Housatonic Valley is noted for its pioneering 
     achievements in the iron, paper, and electrical generation 
     industries and has cultural resources to interpret those 
     industries.
       (6) The region became a national leader in scenic 
     beautification and environmental conservation efforts 
     following the era of industrialization and deforestation and 
     maintains a fabric of significant conservation areas 
     including the meandering Housatonic River.
       (7) Important historical events related to the American 
     Revolution, Shays' Rebellion, and early civil rights took 
     place in the upper Housatonic Valley.
       (8) The region had an American Indian presence going back 
     10,000 years and Mohicans had a formative role in contact 
     with Europeans during the seventeenth and eighteenth 
     centuries.
       (9) The Upper Housatonic Valley National Heritage Area has 
     been proposed in order to heighten appreciation of the 
     region, preserve its natural and historical resources, and 
     improve the quality of life and economy of the area.
       (b) Purposes.--The purposes of this Act are as follows:
       (1) To establish the Upper Housatonic Valley National 
     Heritage Area in the State of Connecticut and the 
     Commonwealth of Massachusetts.
       (2) To implement the national heritage area alternative as 
     described in the document entitled ``Upper Housatonic Valley 
     National Heritage Area Feasibility Study, 2003''.
       (3) To provide a management framework to foster a close 
     working relationship with all levels of government, the 
     private sector, and the local communities in the upper 
     Housatonic Valley region to conserve the region's heritage 
     while continuing to pursue compatible economic opportunities.
       (4) To assist communities, organizations, and citizens in 
     the State of Connecticut and the Commonwealth of 
     Massachusetts in identifying, preserving, interpreting, and 
     developing the historical, cultural, scenic, and natural 
     resources of the region for the educational and inspirational 
     benefit of current and future generations.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Upper Housatonic Valley National Heritage Area, established 
     in section 4.
       (2) Management entity.--The term ``Management Entity'' 
     means the management entity for the Heritage Area designated 
     by section 4(d).
       (3) Management plan.--The term ``Management Plan'' means 
     the management plan for the Heritage Area specified in 
     section 6.
       (4) Map.--The term ``map'' means the map entitled 
     ``Boundary Map Upper Housatonic Valley National Heritage 
     Area'', numbered P17/80,000, and dated February 2003.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of 
     Connecticut and the Commonwealth of Massachusetts.

     SEC. 4. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Upper 
     Housatonic Valley National Heritage Area.
       (b) Boundaries.--The Heritage Area shall be comprised of--
       (1) part of the Housatonic River's watershed, which extends 
     60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
       (2) the towns of Canaan, Colebrook, Cornwall, Kent, 
     Norfolk, North Canaan, Salisbury, Sharon, and Warren in 
     Connecticut;
       (3) the towns of Alford, Becket, Dalton, Egremont, Great 
     Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, 
     Monterey, Mount Washington, New Marlboro, Pittsfield, 
     Richmond, Sheffield, Stockbridge, Tyringham, Washington, and 
     West Stockbridge in Massachusetts; and
       (4) the land and water within the boundaries of the 
     Heritage Area, as depicted on the map.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service, Department of the Interior.
       (d) Management Entity.--The Upper Housatonic Valley 
     National Heritage Area, Inc. shall be the management entity 
     for the Heritage Area.

     SEC. 5. AUTHORITIES, PROHIBITIONS AND DUTIES OF THE 
                   MANAGEMENT ENTITY.

       (a) Duties of the Management Entity.--To further the 
     purposes of the Heritage Area, the management entity shall--
       (1) prepare and submit a management plan for the Heritage 
     Area to the Secretary in accordance with section 6;
       (2) assist units of local government, regional planning 
     organizations, and nonprofit organizations in implementing 
     the approved management plan by--
       (A) carrying out programs and projects that recognize, 
     protect and enhance important resource values within the 
     Heritage Area;
       (B) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Area;
       (C) developing recreational and educational opportunities 
     in the Heritage Area;
       (D) increasing public awareness of and appreciation for 
     natural, historical, scenic, and cultural resources of the 
     Heritage Area;
       (E) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with heritage area 
     themes;
       (F) ensuring that clear, consistent, and appropriate signs 
     identifying points of public access and sites of interest are 
     posted throughout the Heritage Area; and
       (G) promoting a wide range of partnerships among 
     governments, organizations and individuals to further the 
     purposes of the Heritage Area;
       (3) consider the interests of diverse units of government, 
     businesses, organizations and individuals in the Heritage 
     Area in the preparation and implementation of the management 
     plan;
       (4) conduct meetings open to the public at least semi-
     annually regarding the development and implementation of the 
     management plan;
       (5) submit an annual report to the Secretary for any fiscal 
     year in which the management entity receives Federal funds 
     under this Act, setting forth its accomplishments, expenses, 
     and income, including grants to any other entities during the 
     year for which the report is made;
       (6) make available for audit for any fiscal year in which 
     it receives Federal funds under this Act, all information 
     pertaining to the expenditure of such funds and any matching 
     funds, and require in all agreements authorizing expenditures 
     of Federal funds by other organizations, that the receiving 
     organizations make available for such audit all records and 
     other information pertaining to the expenditure of such 
     funds; and
       (7) encourage by appropriate means economic viability that 
     is consistent with the purposes of the Heritage Area.
       (b) Authorities.--The management entity may, for the 
     purposes of preparing and implementing the management plan 
     for the Heritage Area, use Federal funds made available 
     through this Act to--
       (1) make grants to the State of Connecticut and the 
     Commonwealth of Massachusetts, their political subdivisions, 
     nonprofit organizations and other persons;
       (2) enter into cooperative agreements with or provide 
     technical assistance to the State of Connecticut and the 
     Commonwealth of Massachusetts, their political jurisdictions, 
     nonprofit organizations, and other interested parties;
       (3) hire and compensate staff, which shall include 
     individuals with expertise in natural, cultural, and 
     historical resources protection, and heritage programming;
       (4) obtain money or services from any source including any 
     that are provided under any other Federal law or program;
       (5) contract for goods or services; and
       (6) undertake to be a catalyst for any other activity that 
     furthers the purposes of the Heritage Area and is consistent 
     with the approved management plan.
       (c) Prohibitions on the Acquisition of Real Property.--The 
     management entity may not use Federal funds received under 
     this Act to acquire real property, but may use any other 
     source of funding, including other Federal funding outside 
     this authority, intended for the acquisition of real 
     property.

     SEC. 6. MANAGEMENT PLAN.

       (a) In General.--The management plan for the Heritage Area 
     shall--
       (1) include comprehensive policies, strategies and 
     recommendations for conservation, funding, management and 
     development of the Heritage Area;
       (2) take into consideration existing State, county, and 
     local plans in the development of the management plan and its 
     implementation;
       (3) include a description of actions that governments, 
     private organizations, and individuals have agreed to take to 
     protect the natural, historical and cultural resources of the 
     Heritage Area;
       (4) specify the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Area in the 
     first 5 years of implementation;
       (5) include an inventory of the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area related to the themes of the Heritage Area 
     that should be preserved, restored, managed, developed, or 
     maintained;

[[Page 11586]]

       (6) recommend policies and strategies for resource 
     management that consider and detail the application of 
     appropriate land and water management techniques including, 
     but not limited to, the development of intergovernmental and 
     interagency cooperative agreements to protect the Heritage 
     Area's natural, historical, cultural, educational, scenic and 
     recreational resources;
       (7) describe a program of implementation for the management 
     plan including plans for resource protection, restoration, 
     construction, and specific commitments for implementation 
     that have been made by the management entity or any 
     government, organization, or individual for the first 5 years 
     of implementation;
       (8) include an analysis and recommendations for ways in 
     which local, State, and Federal programs, including the role 
     of the National Park Service in the Heritage Area, may best 
     be coordinated to further the purposes of this Act; and
       (9) include an interpretive plan for the Heritage Area.
       (b) Deadline and Termination of Funding.--
       (1) Deadline.--The management entity shall submit the 
     management plan to the Secretary for approval within 3 years 
     after funds are made available for this Act.
       (2) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with this 
     subsection, the management entity shall not qualify for 
     Federal funding under this Act until such time as the 
     management plan is submitted to and approved by the 
     Secretary.

     SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--
       (1) In general.--The Secretary may, upon the request of the 
     management entity, provide technical assistance on a 
     reimbursable or non-reimbursable basis and financial 
     assistance to the Heritage Area to develop and implement the 
     approved management plan. The Secretary is authorized to 
     enter into cooperative agreements with the management entity 
     and other public or private entities for this purpose. In 
     assisting the Heritage Area, the Secretary shall give 
     priority to actions that in general assist in--
       (A) conserving the significant natural, historical, 
     cultural, and scenic resources of the Heritage Area; and
       (B) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (2) Spending for non-federally owned property.--The 
     Secretary may spend Federal funds directly on non-federally 
     owned property to further the purposes of this Act, 
     especially in assisting units of government in appropriate 
     treatment of districts, sites, buildings, structures, and 
     objects listed or eligible for listing on the National 
     Register of Historic Places.
       (b) Approval and Disapproval of Management Plan.--
       (1) In general.--The Secretary shall approve or disapprove 
     the management plan not later than 90 days after receiving 
     the management plan.
       (2) Criteria for approval.--In determining the approval of 
     the management plan, the Secretary shall consider whether--
       (A) the management entity is representative of the diverse 
     interests of the Heritage Area including governments, natural 
     and historic resource protection organizations, educational 
     institutions, businesses, and recreational organizations;
       (B) the management entity has afforded adequate 
     opportunity, including public hearings, for public and 
     governmental involvement in the preparation of the management 
     plan;
       (C) the resource protection and interpretation strategies 
     contained in the management plan, if implemented, would 
     adequately protect the natural, historical, and cultural 
     resources of the Heritage Area; and
       (D) the Secretary has received adequate assurances from the 
     appropriate State and local officials whose support is needed 
     to ensure the effective implementation of the State and local 
     aspects of the management plan.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan, the Secretary shall advise 
     the management entity in writing of the reasons therefore and 
     shall make recommendations for revisions to the management 
     plan. The Secretary shall approve or disapprove a proposed 
     revision within 60 days after the date it is submitted.
       (4) Approval of amendments.--Substantial amendments to the 
     management plan shall be reviewed by the Secretary and 
     approved in the same manner as provided for the original 
     management plan. The management entity shall not use Federal 
     funds authorized by this Act to implement any amendments 
     until the Secretary has approved the amendments.

     SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES.

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

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated for 
     the purposes of this Act not more than $1,000,000 for any 
     fiscal year. Not more than a total of $10,000,000 may be 
     appropriated for the Heritage Area under this Act.
       (b) Matching Funds.--Federal funding provided under this 
     Act may not exceed 50 percent of the total cost of any 
     assistance or grant provided or authorized under this Act.

     SEC. 10. SUNSET.

       The authority of the Secretary to provide assistance under 
     this Act shall terminate on the day occurring 15 years after 
     the date of enactment of the Act.
                                 ______
                                 
      By Mr. McCAIN:
  S. 1057. A bill to modify the calculation of back pay for persons who 
were approved for promotion as members of the Navy and Marine Corps 
while interned as prisoners of war during World War II to take into 
account changes in the Consumer Price Index; to the Committee on Armed 
Services.
  Mr. McCAIN. Mr. President, I am proud to sponsor the World War II POW 
Pay Equity Act of 2003. In 2000, we passed legislation intended to 
correct an injustice of not paying Navy and Marine Corps POWs for 
promotions while they were interned during World War II. Unfortunately, 
this legislation omitted an adjustment for inflation. The result was 
that these heroes were paid in 1942 dollars, roughly equating to ten 
cents on the current dollar. It is well past time to properly 
compensate them for their dedicated service. This bill ensures these 
former WWII POWs, or their surviving spouses, would receive the 
appropriate back pay adjusted for inflation for their military service.
  Many of these WWII veterans need our help, not only to fix a 
discriminatory act upon Navy and Marine Corps POWs, but financially as 
well, since many suffer from extreme financial distress. The total 
number of surviving WWII POWs is now less than 1,000 and approximately 
400 spouses. We can not abandon the ``greatest generation'' who are 
responsible for the successes and riches we currently enjoy in this 
great country. It would be shameful for Congress and our Nation not to 
compensate these veterans appropriately, as this is a debt that our 
country incurred during their internment of POWs.
  Make no mistake, this is a readiness issue, as well. Today's service 
members are acutely aware of retirees' disenfranchisement from 
delinquent policies enacted over the years, and exit surveys cite this 
issue with increasing frequency as one of the factors in members' 
decisions to leave service. In fact, a recent GAO study found that 
``inadequate military retirement benefits'' was a significant source of 
dissatisfaction among active duty officers in retention-critical 
specialties.
  I would like to emphasize that this year's defense authorization bill 
contains over $1 billion in pork--unrequested add-ons to the defense 
budget that deprive our military of vital funding for priority issues. 
With the amount of unrequested spending attached to the defense 
authorization bill, we could certainly find the funding for this 
legislation. We must fulfill our commitment to a group who we 
collectively owe our full support, admiration, and gratitude.
  I request unanimous consent that the text of the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1057

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

     SECTION 1. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS OF 
                   NAVY AND MARINE CORPS SELECTED FOR PROMOTION 
                   WHILE INTERNED AS PRISONERS OF WAR DURING WORLD 
                   WAR II TO TAKE INTO ACCOUNT CHANGES IN CONSUMER 
                   PRICE INDEX.

       (a) Modification.--Section 667(c) of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into

[[Page 11587]]

     law by Public Law 106-398; 114 Stat. 1654A-170) is amended by 
     adding at the end the following new paragraph:
       ``(3) The amount determined for a person under paragraph 
     (1) shall be increased to reflect increases in cost of living 
     since the basic pay referred to in paragraph (1)(B) was paid 
     to or for that person, calculated on the basis of the 
     Consumer Price Index (all items--United States city average) 
     published monthly by the Bureau of Labor Statistics.''.
       (b) Recalculation of Previous Payments.--In the case of any 
     payment of back pay made to or for a person under section 667 
     of the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 before the date of the enactment of this 
     Act, the Secretary of the Navy shall--
       (1) recalculate the amount of back pay to which the person 
     is entitled by reason of the amendment made by subsection 
     (a); and
       (2) if the amount of back pay, as so recalculated, exceeds 
     the amount of back pay so paid, pay the person, or the 
     surviving spouse of the person, an amount equal to the 
     excess.
                                 ______
                                 
      By Mr. ALLARD (for himself and Mr. Campbell):
  S. 1058. A bill to provide a cost-sharing requirement for the 
construction of the Arkansas Valley Conduit in the State of Colorado; 
to the Committee on Energy and Natural Resources.
  Mr. ALLARD. Mr. President, an historian and poet once penned that the 
history of Colorado would be written in water. In the midst of 
Colorado's worst drought in 300 years, this prediction has proven an 
accurate account of life in the headwater State and has proven a strong 
reminder that water is indeed our most precious natural resource. Yet 
in Southeastern Colorado, home of the Arkansas River, finding clean, 
inexpensive water, can be difficult. That is why today I am introducing 
legislation that will ensure the expedited construction of the Arkansas 
Valley Conduit--a pipeline that will provide the small, financially 
strapped towns and water agencies along the Arkansas River with safe, 
clean, affordable water. By creating a Federal/Local cost share formula 
to help offset the costs of constructing the Conduit, this legislation 
will protect the future of Southeastern Colorado.
  By way of background, the Arkansas Valley Conduit was originally 
authorized by Congress forty years ago as a part of the Fryingpan-
Arkansas Project. Due to the authorizing statute's lack of a cost share 
provision and Southeastern Colorado's depressed economic status, the 
Conduit was never built. Until recently, the region has been fortunate 
to enjoy an economical and safe alternative to pipeline-transportation 
of Project Water: the Arkansas River. Sadly, the water quality in the 
Arkansas has degraded to a point where it is no longer economical to 
use as a means of transport. At the same time, the Federal government 
has continued to strengthen its unfunded water quality standards.
  In order to comply with these standards, the region's municipalities 
have begun exploring options for water treatment, some of which are 
estimated to cost between $20 million and $40 million. Taken together, 
the municipalities alone are facing potential expenditures of up to 
$640 million simply to comply with federally mandated water quality 
standards. Construction of over a half a billion dollars worth of water 
treatment facilities is simply not a feasible alternative for the 
financially strapped farming communities along the Arkansas River. With 
the Conduit, the communities will not need to build new water treatment 
facilities.
  In an effort to resurrect the Conduit, last year, Senator Ben 
Nighthorse Campbell and I, worked to secure $200,000 for a Bureau of 
Reclamation Re-evaluation Statement on the project. Thanks to this 
effort, the people of the valley are beginning to realize that the 
Conduit is much more than just a pipedream, and that Congress is 
serious about fulfilling the promise of the Fryingpan-Arkansas Project.
  According to the draft feasibility study, the Conduit is estimated to 
cost $200 million. My legislation calls for a 75/25 Federal/Local cost 
share, meaning that the local communities will be required to come up 
with at least $50 million to pay for their share. This is a sizeable 
sum, but is a far cry from the $640 million it would cost to build the 
new treatment facilities that would be required if the Conduit is not 
built. This will leave $150 million for the Federal government's share. 
However, I would like to point out that this $150 million undoubtedly 
would be exceeded if the communities were forced to seek Federal grants 
to help build new treatment plants.
  The Arkansas Valley Conduit will deliver fresh, clean water to dozens 
of valley communities and thousands of people along the river. The 
local sponsors of the project have initiated and are nearing the 
completion of an independently funded feasibility study of the Conduit, 
and have developed a coalition of support from water users in 
Southeastern Colorado. They continue to explore options for financing 
their share of the costs, and are working hard to develop the 
organization that will oversee the Conduit project.
  With the help of my colleagues, the promise made by Congress forty 
years ago to the people of Southeastern Colorado, will finally become a 
reality.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1058

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

     SECTION 1. COST-SHARING REQUIREMENT FOR THE ARKANSAS VALLEY 
                   CONDUIT IN THE STATE OF COLORADO.

       (a) In General.--Section 7 of Public Law 87-590 (76 Stat. 
     393) is amended--
       (1) by striking ``Sec. 7.'' and inserting the following: 
     ``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.'';
       (2) in the first sentence, by striking ``There is hereby 
     authorized'' and inserting the following:
       ``(a) Construction.--There is authorized'';
       (3) in the second sentence, by striking ``There are also'' 
     and inserting the following:
       ``(b) Operations and Maintenance.--There are''; and
       (4) by adding at the end the following:
       ``(c) Arkansas Valley Conduit.--
       ``(1) In general.--There are authorized to be appropriated 
     such sums as are necessary to pay the Federal share of the 
     costs of constructing the Arkansas Valley Conduit in 
     accordance with subsection (a) of the first section, which 
     Federal share shall be nonreimbursable.
       ``(2) Non-federal share.--
       ``(A) In general.--The non-Federal share of the total costs 
     of construction (including design and engineering costs) of 
     the Arkansas Valley Conduit shall be not more than 25 
     percent.
       ``(B) Form.--Up to 100 percent of the non-Federal share may 
     be in the form of in-kind contributions.''.
       (b) Applicability.--The amendments made by subsection (a) 
     apply to any costs of constructing the Arkansas Valley 
     Conduit incurred during fiscal year 2002 or any subsequent 
     fiscal year.
                                 ______
                                 
      By Mrs. HUTCHISON:
  S. 1059. A bill to amend the Internal Revenue Code of 1986 to adjust 
the tax rate for political organizations; to the Committee on Finance.
  Mrs. HUTCHISON. Mr. President, I am pleased to introduce a bill to 
correct an inequity in our tax code.
  Currently, we use inconsistent standards to tax different types of 
political campaign committees. Congressional campaigns are taxed at the 
applicable corporate rates: depending on how much taxable income a 
campaign generates, it will be taxed at rates that vary from 15 percent 
to 35 percent. However, all other campaigns must pay the highest 
corporate rate of 35 percent. This is unfair.
  It's wrong to tax some campaigns at rates that change according to 
income level and then arbitrarily charge others at the highest possible 
rate. This disparity particularly hurts local and State candidates who 
generally have relatively low levels of taxable income but have to pay 
the same 35 percent rate as campaigns that may generate more than $10 
million in taxable income.
  The bill I am introducing today will eliminate this inequity by 
taxing all campaign committees at the corporate rate based on their 
level of income. No longer will congressional campaigns be allowed to 
receive preferred tax treatment. All campaigns will be treated the 
same.
  I hope my colleagues will support this effort to improve the fairness 
of the tax code.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

[[Page 11588]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1059

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

     SECTION 1. TAX RATE FOR POLITICAL ORGANIZATIONS.

       (a) In General.--Paragraph (1) of section 527(b) of the 
     Internal Revenue Code of 1986 (relating to tax imposed) is 
     amended by striking ``highest rate'' and inserting 
     ``appropriate rates''.
       (b) Conforming Amendment.--Subsection (h) of section 527 of 
     the Internal Revenue Code of 1986 (relating to special rule 
     for principal campaign committees) is repealed.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2002.
                                 ______
                                 
      By Mr. BIDEN (for himself, Mr. Carper, Mr. Sarbanes, Mr. Nelson 
        of Florida, Mrs. Clinton, Mr. Edwards, Mr. Graham of South 
        Carolina, Mr. Hollings, Mr. Levin, Mr. Pryor, Mr. Reid, Mr. 
        Chambliss, Mr. Miller, Mr. Alexander, and Mr. Graham of 
        Florida):
  S. 1061. A bill to authorize 36 additional bankruptcy judgeships, and 
for other purposes; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I rise today to introduce the Bankruptcy 
Judgeship Act of 2003, along with over a dozen Senators of both parties 
who are joining me on this legislation. This bill creates new temporary 
and permanent bankruptcy judgeships in districts that need them, and 
extends and converts other temporary judgeships.
  The substantial increase in bankruptcy case filings in recent years 
has created a dire need for additional bankruptcy judgeships. My bill 
would create 23 new permanent bankruptcy judgeships, 5 temporary 
judgeships, convert 2 temporary judgeships to permanent status and 
extend 2 other temporary judgeships. 17 States would receive new 
judgeships, as recommended by the Administrative Office for United 
States Courts.
  Among other things, the bill authorizes four new bankruptcy 
judgeships, and converts one from temporary to permanent status, for 
the District of Delaware, the Nation's most overloaded bankruptcy 
district. The most recent data show weighted filings for the district 
of Delaware surpassing 13,500 per judge, while the next busiest 
district faces only about 3,000.
  The bankruptcy bar in Delaware is among the most respected and 
accomplished in the country, as are our bankruptcy judges. But our 
judges are not superhuman. They must receive the assistance that this 
bill would grant them, and I intend to see that they get it.
  The Bankruptcy Judgeship Act of 2003 is long overdue and I urge my 
colleagues to support it.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1061

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Bankruptcy Judgeship Act of 
     2003''.

     SEC. 2. AUTHORIZATION FOR ADDITIONAL BANKRUPTCY JUDGESHIPS.

       The following judgeship positions shall be filled in the 
     manner prescribed in section 152(a)(1) of title 28, United 
     States Code, for the appointment of bankruptcy judges 
     provided for in section 152(a)(2) of such title:
       (1) Two additional bankruptcy judgeships for the southern 
     district of New York.
       (2) Four additional bankruptcy judgeships for the district 
     of Delaware.
       (3) One additional bankruptcy judgeship for the district of 
     New Jersey.
       (4) One additional bankruptcy judgeship for the eastern 
     district of Pennsylvania.
       (5) Three additional bankruptcy judgeships for the district 
     of Maryland.
       (6) One additional bankruptcy judgeship for the eastern 
     district of North Carolina.
       (7) One additional bankruptcy judgeship for the district of 
     South Carolina.
       (8) One additional bankruptcy judgeship for the eastern 
     district of Virginia.
       (9) Two additional bankruptcy judgeships for the eastern 
     district of Michigan.
       (10) Two additional bankruptcy judgeships for the western 
     district of Tennessee.
       (11) One additional bankruptcy judgeship for the eastern 
     and western districts of Arkansas.
       (12) Two additional bankruptcy judgeships for the district 
     of Nevada.
       (13) One additional bankruptcy judgeship for the district 
     of Utah.
       (14) Two additional bankruptcy judgeships for the middle 
     district of Florida.
       (15) Two additional bankruptcy judgeships for the southern 
     district of Florida.
       (16) Two additional bankruptcy judgeships for the northern 
     district of Georgia.
       (17) One additional bankruptcy judgeship for the southern 
     district of Georgia.

     SEC. 3. TEMPORARY BANKRUPTCY JUDGESHIPS.

       (a) Authorization for Additional Temporary Bankruptcy 
     Judgeships.--The following judgeship positions shall be 
     filled in the manner prescribed in section 152(a)(1) of title 
     28, United States Code, for the appointment of bankruptcy 
     judges provided for in section 152(a)(2) of such title:
       (1) One additional bankruptcy judgeship for the district of 
     Puerto Rico.
       (2) One additional bankruptcy judgeship for the northern 
     district of New York.
       (3) One additional bankruptcy judgeship for the middle 
     district of Pennsylvania.
       (4) One additional bankruptcy judgeship for the district of 
     Maryland.
       (5) One additional bankruptcy judgeship for the northern 
     district of Mississippi.
       (6) One additional bankruptcy judgeship for the southern 
     district of Mississippi.
       (7) One additional bankruptcy judgeship for the southern 
     district of Georgia.
       (b) Vacancies.--
       (1) In general.--The first vacancy occurring in the office 
     of bankruptcy judge in each of the judicial districts set 
     forth in subsection (a)--
       (A) occurring 5 years or more after the appointment date of 
     the bankruptcy judge appointed under subsection (a) to such 
     office; and
       (B) resulting from the death, retirement, resignation, or 
     removal of a bankruptcy judge;

     shall not be filled.
       (2) Term expiration.--In the case of a vacancy resulting 
     from the expiration of the term of a bankruptcy judge not 
     described in paragraph (1), that judge shall be eligible for 
     reappointment as a bankruptcy judge in that district.
       (c) Extension of Existing Temporary Bankruptcy 
     Judgeships.--
       (1) In general.--The temporary bankruptcy judgeships 
     authorized for the northern district of Alabama and the 
     eastern district of Tennessee under paragraphs (1) and (9) of 
     section 3(a) of the Bankruptcy Judgeship Act of 1992 (28 
     U.S.C. 152 note) are extended until the first vacancy 
     occurring in the office of a bankruptcy judge in the 
     applicable district resulting from the death, retirement, 
     resignation, or removal of a bankruptcy judge and occurring 5 
     years or more after the date of enactment of this Act.
       (2) Applicability of other provisions.--All other 
     provisions of section 3 of the Bankruptcy Judgeship Act of 
     1992 (28 U.S.C. 152 note) remain applicable to the temporary 
     bankruptcy judgeships referred to in this subsection.

     SEC. 4. TRANSFER OF BANKRUPTCY JUDGESHIP SHARED BY THE MIDDLE 
                   DISTRICT OF GEORGIA AND THE SOUTHERN DISTRICT 
                   OF GEORGIA.

       The bankruptcy judgeship presently shared by the southern 
     district of Georgia and the middle district of Georgia shall 
     be converted to a bankruptcy judgeship for the middle 
     district of Georgia.

     SEC. 5. CONVERSION OF EXISTING TEMPORARY BANKRUPTCY 
                   JUDGESHIPS.

       (a) District of Delaware.--The temporary bankruptcy 
     judgeship authorized for the district of Delaware pursuant to 
     section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 
     152 note), shall be converted to a permanent bankruptcy 
     judgeship.
       (b) District of Puerto Rico.--The temporary bankruptcy 
     judgeship authorized for the district of Puerto Rico pursuant 
     to section 3 of the Bankruptcy Judgeship Act of 1992 (28 
     U.S.C. 152 note), shall be converted to a permanent 
     bankruptcy judgeship.

     SEC. 6. TECHNICAL AMENDMENTS.

       Section 152(a)(2) of title 28, United States Code, is 
     amended--
       (1) in the item relating to the eastern and western 
     districts of Arkansas, by striking ``3'' and inserting ``4'';
       (2) in the item relating to the district of Delaware, by 
     striking ``1'' and inserting ``6'';
       (3) in the item relating to the middle district of Florida, 
     by striking ``8'' and inserting ``10'';
       (4) in the item relating to the southern district of 
     Florida, by striking ``5'' and inserting ``7'';
       (5) in the item relating to the northern district of 
     Georgia, by striking ``8'' and inserting ``10'';
       (6) in the item relating to the middle district of Georgia, 
     by striking ``2'' and inserting ``3'';
       (7) in the item relating to the southern district of 
     Georgia, by striking ``2'' and inserting ``3'';
       (8) in the collective item relating to the middle and 
     southern districts of Georgia, by striking ``Middle and 
     Southern . . . . . . 1'';
       (9) in the item relating to the district of Maryland, by 
     striking ``4'' and inserting ``7'';

[[Page 11589]]

       (10) in the item relating to the eastern district of 
     Michigan, by striking ``4'' and inserting ``6'';
       (11) in the item relating to the district of Nevada, by 
     striking ``3'' and inserting 5'';
       (12) in the item relating to the district of New Jersey, by 
     striking ``8'' and inserting ``9'';
       (13) in the item relating to the southern district of New 
     York, by striking ``9'' and inserting ``11'';
       (14) in the item relating to the eastern district of North 
     Carolina, by striking ``2'' and inserting ``3'';
       (15) in the item relating to the eastern district of 
     Pennsylvania, by striking ``5'' and inserting ``6'';
       (16) in the item relating to the district of Puerto Rico, 
     by striking ``2 and inserting ``3'';
       (17) in the item relating to the district of South 
     Carolina, by striking ``2'' and inserting ``3'';
       (18) in the item relating to the western district of 
     Tennessee, by striking ``4'' and inserting ``6'';
       (19) in the item relating to the district of Utah, by 
     striking ``3'' and inserting ``4''; and
       (20) in the item relating to the eastern district of 
     Virginia, by striking ``5'' and inserting ``6''.

  Mr. SARBANES. Mr. President, I rise today in strong support of 
legislation to provide more bankruptcy judges for several States, 
including four additional bankruptcy judgeships for my own State of 
Maryland. This legislation is being introduced today by Senator Biden, 
and is being cosponsored by myself and Senators Carper, Nelson of 
Florida, Clinton, Edwards, Graham of South Carolina, Hollings, Levin, 
Pryor, Reid, Chambliss, Miller, Alexander and Graham of Florida.
  This bill is another significant step forward in our efforts to 
strengthen Maryland's Federal bankruptcy court. We have been working 
for several years to get these additional judgeships approved, yet no 
legislation has been passed that would authorize them. With such 
inaction, the burden facing Maryland's sitting bankruptcy judges has 
grown, and Maryland has remained without the additional judgeships it 
so desperately needs to make our bankruptcy system work.
  Maryland's four sitting bankruptcy judges continue to show remarkable 
dedication given the extraordinary burdens placed upon them. However, 
additional judgeships remain essential to the fair and timely 
administration of the Bankruptcy Code for all of the businesses and 
individuals that come before the Maryland District.
  Since 1992, we have been requesting additional judgeships for the 
District of Maryland; thus far none have been approved. In 1992, there 
were approximately 15,000 bankruptcy filings in the District of 
Maryland. From 1998 to 2002, there were over 30,000 bankruptcy filings 
per year in Maryland. In the past few years the number of new filings 
per year has been closer to 35,000, and in 2002 there were 35,900 new 
cases. The caseload has more than doubled in the past ten years, and 
the Court still does its work with only four bankruptcy judges. This 
dire need for additional judgeships in Maryland has yet to be remedied 
by the Congress.
  This legislation provides four additional judgeships for Maryland, in 
accordance with a September 2002 recommendation from the United States 
Judicial Conference. These four additional judgeships would help reduce 
the overwhelming workload of the four sitting bankruptcy judges. As of 
June 30, 2002, the national weighted filing average for bankruptcy 
judges was 1,641. The weighted filing per judge for Maryland's four 
bankruptcy judges was 3,030--almost twice the national average.
  Mr. President, I urge my colleagues to support this legislation, 
which would provide much needed help on the bankruptcy courts in 
Maryland and across the Nation.
                                 ______
                                 
      By Mr. CAMPBELL.:
  S. 1062. A bill to amend section 924 of title 18, United States Code, 
to increase the maximum term of imprisonment for offenses involving 
stolen firearms; to the Committee on the Judiciary.
  Mr. CAMPBELL. Mr. President, this week, May 11 through 17, is 
``National Police Week 2003.''
  This is the week when thousands of law enforcement officers from all 
over the United States gather here in our Nation's Capital. 
Representing a full spectrum of our Nation's law enforcement personnel 
including local, State, and Federal officers, they gather here to honor 
their fallen comrades, as well as to celebrate all who serve this 
country and its citizens. Some of this year's highlights include the 
May 11 ``Law Ride,'' the May 13 ``Candlelight Vigil at the National Law 
Enforcement Officers Memorial'' and the May 15 ``National Peace 
Officers' Memorial Day Service'' which will be held on the Capitol 
grounds. These events are being held to specifically pay tribute to the 
more than 145 peace officers who were killed in the line of duty across 
the U.S. during 2002.
  In honor of ``National Police Week,'' today I am introducing two 
bills that will help improve our Nation's justice system and protect 
the law enforcement officers who put their lives on the line for us all 
on a daily basis.
  The first bill I am introducing is the ``Stolen Gun Penalty 
Enhancement Act of 2003'' which would increase the maximum prison 
sentences for violating existing stolen gun laws.
  A growing number of crimes in our country are being committed with 
stolen guns. The extent of this problem is reflected in a number of 
recent studies and news reports which indicate that almost half a 
million guns are stolen each year.
  This problem is increasing, and is therefore especially alarming 
among young people. A Justice Department study of juvenile inmates in 
four States showed that over 50 percent of the inmates in those prison 
systems had stolen a gun. In the same study, gang members and drug 
sellers were also more likely to have stolen a gun.
  Specifically, this bill would increase the maximum penalty for 
violating four provisions of the firearms laws. Under title 18 of the 
U.S. Code, it is illegal to knowingly transport or ship a stolen 
firearm or stolen ammunition. It is also illegal to knowingly receive, 
possess, conceal, store, sell, or otherwise dispose of a stolen firearm 
or stolen ammunition. The penalty for violating either of these 
provisions is a fine, a maximum term of imprisonment of 10 years, or 
both.
  My bill increases the maximum prison sentence to 15 years.
  I am a strong supporter of the rights of law-abiding gun owners. 
However, I firmly believe we need tougher penalties for the illegal use 
of firearms.
  The ``Stolen Gun Penalty Enhancement Act of 2003'' will send a strong 
signal to criminals who are even thinking about stealing a firearm. I 
urge my colleagues to join in support of this legislation.
  I ask unanimous consent that the text of the Stolen Gun Penalty 
Enhancement Act of 2003 be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1062

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Stolen Gun Penalty 
     Enhancement Act of 2003''.

     SEC. 2. STOLEN FIREARMS.

       (a) In General.--Section 924 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``(i), (j),''; and
       (B) by adding at the end the following:
       ``(8) Whoever knowingly violates subsection (i) or (j) of 
     section 922 shall be fined under this title, imprisoned not 
     more than 15 years, or both.'';
       (2) in subsection (i)(1), by striking ``10 years'' and 
     inserting ``15 years''; and
       (3) in subsection (l), by striking ``10 years'' and 
     inserting ``15 years''.
       (b) Sentencing Commission.--The United States Sentencing 
     Commission shall amend the Federal sentencing guidelines to 
     reflect the amendments made under subsection (a).
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 1065. A bill to establish a matching grant program to help State 
and local jurisdictions purchase bullet-resistant equipment for use by 
law enforcement departments; to the Committee on the Judiciary.
  Mr. CAMPBELL. Mr. President, the second bill I am introducing today 
is the ``Officer Dale Claxton Bullet Resistant Police Protective 
Equipment Act of 2003''.

[[Page 11590]]

  This bill is named in honor of Officer Dale Claxton of Cortez, CO, a 
fine law enforcement officer and family man, who was fatally shot 
through the windshield of his patrol car on May 29, 1998, after 
stopping a stolen truck. His assailants turned out to be dangerous 
fugitives and as a result, a large-scale man hunt was launched. The 
assailants were brought to justice, but Officer Claxton was tragically 
and prematurely taken away from his wife and four children.
  ``The Officer Dale Claxton Bullet Resistant Police Protective 
Equipment Act'' would aid law enforcement agencies in acquiring bullet 
resistant equipment for their forces, including bullet resistant glass 
for law enforcement vehicles, hand-held shields and any other equipment 
that officers may need when they serve on the front lines of law 
enforcement. Specifically, this legislation would help our Nation's 
State and local law enforcement officers acquire the bullet resistant 
equipment they need in order to protect themselves from would-be 
killers. This legislation would authorize the Department of Justice's 
Bureau of Justice Assistance to administer a $40 million matching grant 
program to assist these agencies purchase bullet resistant equipment.
  This legislation is a worthy companion, and similar in many ways, to 
S.764, the Bulletproof Vest Partnership Grant Act, which I recently 
introduced for reauthorization. Like S. 764, today's bill would help 
State and local law enforcement agencies acquire bullet resistant 
equipment--however this bill would simply provide for a wider array of 
bullet resistant equipment to supplement bullet proof vests.
  As a former deputy sheriff, I am personally aware of the dangers 
which law enforcement officers face on the front lines every day. One 
way in which the Federal Government can improve their safety is to help 
them acquire bullet resistant glass and other equipment for patrol 
cars. These partnership grants are especially crucial for officers who 
serve in small, local jurisdictions that often lack the funds to 
provide their officers with the life saving equipment they may need.
  The second component of this legislation would launch expedited and 
targeted research and development by authorizing $3 million over 3 
years for the Justice Department's National Institute of Justice, NIJ, 
to conduct research and development of new bullet resistant 
technologies, such as bonded acrylic, polymers, polycarbons, aluminized 
material, and transparent ceramics.
  Promising new bullet resistant materials now being developed could be 
as revolutionary in coming years as the development of Kevlar was in 
the 1970s for the manufacture of body armor. These exciting new 
technologies promise to be lighter, more versatile and hopefully less 
expensive than traditional heavy bulletproof glass.
  Our Nation's police officers, sheriffs and deputies regularly put 
their lives in harm's way as they protect the people and preserve the 
peace. They deserve to have access to the bullet resistant equipment 
they need. The Officer Dale Claxton Bullet Resistant Police Protective 
Equipment Act will both accelerate the development of new lifesaving 
bullet resistant technologies and then help get them deployed into the 
field where they are needed. Officers lives will be saved.
  I ask unanimous consent that the text of Officer Dale Claxton Bullet 
Resistant Police Protective Equipment Act of 2003 be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1065

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Officer Dale Claxton 
     Bulletproof Police Protective Equipment Act of 2003''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) Officer Dale Claxton of the Cortez, Colorado, Police 
     Department was shot and killed by bullets that passed through 
     the windshield of his police car after he stopped a stolen 
     truck, and his life may have been saved if his police car had 
     been equipped with bullet-resistant equipment;
       (2) the number of law enforcement officers who are killed 
     in the line of duty would significantly decrease if every law 
     enforcement officer in the United States had access to 
     additional bullet-resistant equipment;
       (3) according to studies, between 1990 and 2000, 1,700 law 
     enforcement officers in the United States were shot and 
     killed in the line of duty;
       (4) the Federal Bureau of Investigation estimates that the 
     risk of fatality to law enforcement officers while not 
     wearing bullet-resistant equipment, such as an armor vest, is 
     14 times higher than for officers wearing an armor vest; and
       (5) the Executive Committee for Indian Country Law 
     Enforcement Improvements reports that violent crime in Indian 
     country has risen sharply despite a decrease in the national 
     crime rate, and has concluded that there is a ``public safety 
     crisis in Indian country''.
       (b) Purpose.--The purpose of this Act is to save lives of 
     law enforcement officers by helping State, local, and tribal 
     law enforcement agencies provide officers with bullet-
     resistant equipment and video cameras.

     SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET-
                   RESISTANT EQUIPMENT.

       (a) In General.--Part Y of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 is amended--
       (1) by striking the part designation and part heading and 
     inserting the following:

         ``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT

             ``Subpart A--Grant Program for Armor Vests'';

       (2) by striking ``this part'' each place that term appears 
     and inserting ``this subpart''; and
       (3) by adding at the end the following:

       ``Subpart B--Grant Program for Bullet-Resistant Equipment

     ``SEC. 2511. PROGRAM AUTHORIZED.

       ``(a) In General.--The Director of the Bureau of Justice 
     Assistance is authorized to make grants to States, units of 
     local government, and Indian tribes to purchase bullet-
     resistant equipment for use by State, local, and tribal law 
     enforcement officers.
       ``(b) Uses of Funds.--Grants awarded under this section 
     shall be--
       ``(1) distributed directly to the State, unit of local 
     government, or Indian tribe; and
       ``(2) used for the purchase of bullet-resistant equipment 
     for law enforcement officers in the jurisdiction of the 
     grantee.
       ``(c) Preferential Consideration.--In awarding grants under 
     this subpart, the Director of the Bureau of Justice 
     Assistance may give preferential consideration, if feasible, 
     to an application from a jurisdiction that--
       ``(1) has the greatest need for bullet-resistant equipment 
     based on the percentage of law enforcement officers in the 
     department who do not have access to a vest;
       ``(2) has a violent crime rate at or above the national 
     average as determined by the Federal Bureau of Investigation; 
     or
       ``(3) has not received a block grant under the Local Law 
     Enforcement Block Grant program described under the heading 
     `State and Local Law Enforcement Assistance' of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 2001 (Public Law 
     106-553).
       ``(d) Minimum Amount.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State, together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.50 percent of the total 
     amount appropriated in the fiscal year for grants pursuant to 
     this section except that the United States Virgin Islands, 
     American Samoa, Guam, and the Northern Mariana Islands shall 
     each be allocated 0.25 percent.
       ``(e) Maximum Amount.--A qualifying State, unit of local 
     government, or Indian tribe may not receive more than 5 
     percent of the total amount appropriated in each fiscal year 
     for grants under this section, except that a State, together 
     with the grantees within the State may not receive more than 
     20 percent of the total amount appropriated in each fiscal 
     year for grants under this section.
       ``(f) Matching Funds.--The portion of the costs of a 
     program provided by a grant under subsection (a) may not 
     exceed 50 percent. Any funds appropriated by Congress for the 
     activities of any agency of an Indian tribal government or 
     the Bureau of Indian Affairs performing law enforcement 
     functions on any Indian lands may be used to provide the non-
     Federal share of a matching requirement funded under this 
     subsection.
       ``(g) Allocation of Funds.--At least half of the funds 
     available under this subpart shall be awarded to units of 
     local government with fewer than 100,000 residents.

     ``SEC. 2512. APPLICATIONS.

       ``(a) In General.--To request a grant under this subpart, 
     the chief executive of a State, unit of local government, or 
     Indian tribe shall submit an application to the Director of 
     the Bureau of Justice Assistance in such form and containing 
     such information as the Director may reasonably require.
       ``(b) Regulations.--Not later than 90 days after the date 
     of enactment of this subpart,

[[Page 11591]]

     the Director of the Bureau of Justice Assistance shall 
     promulgate regulations to implement this section (including 
     the information that must be included and the requirements 
     that the States, units of local government, and Indian tribes 
     must meet) in submitting the applications required under this 
     section.
       ``(c) Eligibility.--A unit of local government that 
     receives funding under the Local Law Enforcement Block Grant 
     program, described under the heading `State and Local Law 
     Enforcement Assistance' of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2001 (Public Law 106-553), during a 
     fiscal year in which it submits an application under this 
     subpart shall not be eligible for a grant under this subpart 
     unless the chief executive officer of such unit of local 
     government certifies and provides an explanation to the 
     Director that the unit of local government considered or will 
     consider using funding received under the block grant program 
     for any or all of the costs relating to the purchase of 
     bullet-resistant equipment, but did not, or does not expect 
     to use such funds for such purpose.

     ``SEC. 2513. DEFINITIONS.

       ``In this subpart--
       ``(1) the term `equipment' means windshield glass, car 
     panels, shields, and protective gear;
       ``(2) the term `State' means each of the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands;
       ``(3) the term `unit of local government' means a county, 
     municipality, town, township, village, parish, borough, or 
     other unit of general government below the State level;
       ``(4) the term `Indian tribe' has the same meaning as in 
     section 4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e)); and
       ``(5) the term `law enforcement officer' means any officer, 
     agent, or employee of a State, unit of local government, or 
     Indian tribe authorized by law or by a government agency to 
     engage in or supervise the prevention, detection, or 
     investigation of any violation of criminal law, or authorized 
     by law to supervise sentenced criminal offenders.''.
       (b) Authorization of Appropriations.--Section 1001(a) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3793(a)) is amended by striking paragraph (23) and 
     inserting the following:
       ``(23) There are authorized to be appropriated to carry out 
     part Y--
       ``(A) $25,000,000 for each of fiscal years 2004 through 
     2006 for grants under subpart A of that part; and
       ``(B) $40,000,000 for each of fiscal years 2004 through 
     2006 for grants under subpart B of that part.''.

     SEC. 4. SENSE OF CONGRESS.

       In the case of any equipment or products that may be 
     authorized to be purchased with financial assistance provided 
     using funds appropriated or otherwise made available by this 
     Act, it is the sense of Congress that entities receiving the 
     assistance should, in expending the assistance, purchase only 
     American-made equipment and products.

     SEC. 5. TECHNOLOGY DEVELOPMENT.

       Section 202 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3722) is amended by 
     adding at the end the following:
       ``(e) Bullet-Resistant Technology Development.--
       ``(1) In general.--The Institute is authorized to--
       ``(A) conduct research and otherwise work to develop new 
     bullet-resistant technologies (i.e., acrylic, polymers, 
     aluminized material, and transparent ceramics) for use in 
     police equipment (including windshield glass, car panels, 
     shields, and protective gear);
       ``(B) inventory bullet-resistant technologies used in the 
     private sector, in surplus military property, and by foreign 
     countries; and
       ``(C) promulgate relevant standards for, and conduct 
     technical and operational testing and evaluation of, bullet-
     resistant technology and equipment, and otherwise facilitate 
     the use of that technology in police equipment.
       ``(2) Priority.--In carrying out this subsection, the 
     Institute shall give priority in testing and engineering 
     surveys to law enforcement partnerships developed in 
     coordination with high-intensity drug trafficking areas.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $3,000,000 
     for fiscal years 2004 through 2006.''.

                          ____________________