[Congressional Record (Bound Edition), Volume 150 (2004), Part 11]
[Senate]
[Pages 14868-14882]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LEAHY:
  S. 2619. A bill to designate the annex to the E. Barrett Prettyman 
Federal Building and United States Courthouse located at 333 
Constitution Ave. Northwest in Washington, District of Columbia, as the 
``Judge William B. Bryant Annex to the E. Barrett Prettyman Federal 
Building and United States Courthouse''; to the Committee on 
Environment and Public Works.
  Mr. LEAHY. Mr. President, I am pleased to introduce a bill to 
designate the recently-constructed annex to the E. Barrett Prettyman 
United States Courthouse in Washington, DC as the ``William B. Bryant 
Annex.''
  Thomas F. Hogan, this Court's current Chief Judge, has expressed his 
support and the unanimous support of the other judges on the District 
Court for the District of Columbia. I am proud to join with 
Congresswoman Eleanor Holmes Norton in moving ahead with the Chief 
Judge's request.
  Judge Bryant served with distinction of the U.S. District Court for 
the District of Columbia since 1965. He was the Chief Judge on that 
court from March 1977 to September 1981.
  Judge Bryant graduated from Howard University in 1932, and from 
Howard University Law School, receiving an LL.B. in 1936.
  Judge Bryant's lengthy public service career is one of great 
distinction. In addition to the time he spent on the Federal bench, 
Judge Bryant served in the United States Army during World War II and 
as an Assistant U.S. Attorney for the District of Columbia. After 
serving four and one half years as Chief Judge, Judge Bryant took 
senior status in January of 1982.
  Naming the new annex to the E. Barrett Prettyman courthouse after 
Judge Bryant would be a fitting tribute to this distinguished jurist. 
Much like Judge Prettyman, Judge Bryant had an illustrious career in 
public service and on the bench. I am honored to offer this 
legislation, and I urge my colleagues to join Congresswoman Norton and 
me in support of this well-deserved commendation.
                                 ______
                                 
      By Mr. JEFFORDS (for himself, Mr. Lautenberg, Mr. Reid, Mr. 
        Wyden, Mr. Carper, Mr. Harkin, Mr. Leahy, and Mrs. Clinton):
  S. 2620. A bill to provide for the establishment of an Office of 
High-Performance Green Buildings, and for other purposes; to the 
Committee on Environment and Public Works.
  Mr. JEFFORDS. Mr. President, I rise today to introduce the ``High 
Performance Green Buildings Act of 2004.''
  I would like to thank Senator Lautenberg and the other cosponsors for 
working with me to introduce this important legislation.
  Preliminary studies are showing that high-performance green buildings 
generate huge savings in operations and maintenance costs due to their 
efficient operating systems. These studies have also demonstrated that 
high-performance green buildings provide a healthier work environment 
for the occupants, resulting in fewer absences due to illness. The 
outcome is huge savings in health related costs. All of these savings 
are generated, while sustaining very little impact on their surrounding 
environment.

[[Page 14869]]

  In the United States, buildings account for: 36 percent of total 
energy use; 65 percent of electricity consumption; 30 percent of 
greenhouse gas emissions; 30 percent of raw materials use; 30 percent 
of waste output and 12 percent of potable water consumption. Why not 
build buildings that strive to conserve our precious resources and 
reduce the harmful pollutants that are damaging to the environment?
  In an era of great security concern, green buildings have reduced 
energy requirements and may use renewable sources of energy that are 
off the electricity grid. Green buildings also use less water and some 
even collect rainwater to use throughout the building. Should there be 
a terrorist act that damages or destroys our Nation's resources, these 
buildings could assist in keeping our government up and running.
  There is no downside to utilizing high-performance buildings. This 
initiative is taking off in the private sector. According to the US 
Green Building Council, there are 118 certified green buildings across 
the United States with 1,395 in the pipeline. This legislation would 
ensure that the Federal Government is keeping pace with the real world 
and doing its part to protect the environment and provide a safe work 
place for its employees.
  The General Services Administration, GSA, is the largest landlord in 
the United States, with over 8,700 buildings in their current 
inventory. This legislation creates an office within GSA to oversee the 
green building efforts of agencies within the government. GSA is a 
natural leader to focus on our federal buildings and ensure that they 
are safe, healthy, and efficient.
  This legislation will coordinate the efforts within the Federal 
Government to promote high-performance green buildings, provide public 
outreach, and expand existing research.
  The bill creates an Interagency Steering Committee to advise the 
Office within GSA. The Committee will be comprised of key 
representatives of each relevant agency, state and local governments, 
nongovernment organizations, and experts within the building community. 
This Committee will ensure that the Federal Government stays up to date 
with technology and the latest advancements to ensure that high-
performance buildings operate efficiently while continuing to provide a 
healthier environment for the occupants.
  In addition, research efforts will be expanded to focus on buildings 
and the impacts that their systems have on human health and worker 
productivity. We just don't know enough. Are we making our employees 
sick by providing poor workspace?
  The High-Performance Green Buildings Act also requires that a good 
hard look be taken at the budget process we have used for years and 
explore ways to improve the approval process for government projects. 
We need to grow with the times and ensure that our budget process 
allows us to take into account life-cycle costing. This means that we 
allow our financial experts to factor in savings that green buildings 
generate over time, and don't just look at the upfront cost of a 
building. It has been documented that high-performance green buildings 
recover any initial upfront costs from incorporating efficient systems 
within the first few years of operation. The average life of a federal 
building is 50 years. In the times of soaring budget deficits, it is 
imperative that the Federal Government pursue all cost-saving options.
  High-performance green buildings are not just for federal buildings, 
but involve any type of building, including schools. This legislation 
also focuses on providing healthier, more efficient school facilities 
for our children. The bill provides $10 million in grants to state and 
local education agencies for technical assistance and the 
implementation of the Environmental Protection Agency's, EPA, Tools for 
Schools Program. The bill will help schools develop plans to focus on 
the design, construction, and renovation of school facilities, and look 
at systematic improvements for school siting, indoor air quality, 
reducing contaminants, and other health issues. This legislation also 
encourages research to study the effects that these systems are having 
on student health and productivity. Our children deserve to learn in an 
environment that is safe and conducive to learning.
  Lastly, this bill will promote leadership within the Federal 
Government and provide incentives for government agencies to build 
high-performance green buildings. It also creates a clearinghouse to 
keep individuals and entities, including Congress and the government, 
informed on the information and services that the Office will provide.
  I strongly encourage your support of the ``High-Performance Green 
Buildings Act of 2004.'' This has been a long time coming and will 
benefit all of us.
  I ask unanimous consent that the ``High-Performance Green Buildings 
Act of 2004'' be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2620

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``High-
     Performance Green Buildings Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents
Sec. 2. Findings
Sec. 3. Definitions

          TITLE I--OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS.

Sec. 101. Oversight.
Sec. 102. Office of High-Performance Green Buildings.
Sec. 103. Interagency Steering Committee.
Sec. 104. Public outreach.
Sec. 105. Research and development.
Sec. 106. Budget and life-cycle costing.
Sec. 107. Authorization of appropriations.

              TITLE II--HEALTHY HIGH-PERFORMANCE SCHOOLS.

Sec. 201. Grants for schools.
Sec. 202. Federal guidelines for siting of school facilities.
Sec. 203. Education research program.
Sec. 204. Authorization of appropriations.

              TITLE III--STRENGTHENING FEDERAL LEADERSHIP.

Sec. 301. General Accounting Office.

                    TITLE IV--DEMONSTRATION PROJECT.

Sec. 401. Coordination of goals.
Sec. 402. Authorization of appropriations.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) buildings have profound impacts on the environment, 
     energy use, and health of individuals, and numerous studies 
     suggest that building environments affect worker 
     productivity;
       (2) buildings in the United States consume 37 percent of 
     the energy, 68 percent of the electricity, and 12 percent of 
     the potable water used in the United States, and overall 
     construction of buildings (including construction of related 
     infrastructure) consumes 60 percent of all raw materials used 
     in the economy of the United States (excluding materials used 
     for food or fuel);
       (3) in the United States, buildings generate--
       (A) 40 percent of the nonindustrial waste stream;
       (B) 31 percent of the mercury in municipal solid waste; and
       (C) 35 percent of the carbon dioxide (the primary 
     greenhouse gas associated with climate change), 49 percent of 
     the sulfur dioxide, and 25 percent of the nitrogen oxides 
     found in the air;
       (4) buildings contribute to the ``heat island effect'' by 
     eliminating vegetative cover and using paving and roofing 
     materials that absorb heat and raise ambient temperatures, 
     accelerating the reaction that forms ground-level ozone;
       (5) according to the Environmental Protection Agency, on 
     average, people in the United States spend approximately 90 
     percent of their time indoors, where the concentration of 
     pollutants may be 2 to 5 times and, in some cases, 100 times, 
     higher than pollution concentrations in outdoor air;
       (6) the Centers for Disease Control and the Environmental 
     Protection Agency have connected poor indoor air quality to 
     significantly elevated rates of mortality;
       (7) health impacts from building materials, such as 
     adhesives, paints, carpeting, and pressed-wood products, 
     which may emit pollutants such as formaldehyde or other 
     volatile organic compounds, are still uncertain but are 
     believed to be potentially significant;
       (8) according to the Building Owners and Managers 
     Association, because costs relating to employees, at $130 per 
     square foot annually (including health insurance costs), are 
     by far the highest business costs of a building, as opposed 
     to total energy costs at $1.81

[[Page 14870]]

     per square foot, measures to improve the indoor air quality 
     of a building can be an important investment in reducing 
     long-term employee costs;
       (9) the use of energy efficient systems and alternative 
     sources of energy--
       (A) reduces building costs; and
       (B) improves the security of the United States by ensuring 
     continuing operations despite any potential interruptions in 
     the primary energy supply of the United States as a result of 
     terrorism or other disruptions of the electricity grid;
       (10) by integrating issues relating to natural resource 
     use, human health, materials use, transportation needs, and 
     other concerns into planning the life cycle of a building, 
     architects, designers, and developers can construct buildings 
     that--
       (A) are healthier for occupants;
       (B) reduce environmental impacts; and
       (C) are less wasteful of resources;
       (11) a well-designed high-performance green building can be 
     less expensive to build and operate throughout the lifetime 
     of the building than a building that is not a high-
     performance green building;
       (12) in 2003, in the document entitled ``The Federal 
     Commitment to Green Building: Experiences and Expectations'', 
     the Office of the Federal Environmental Executive found that 
     ``[t]here is a mixture of diverse Federal green building 
     mandates in law, regulation, and Executive Orders, but not 
     one definitive, clear, and unified policy statement on 
     environmental design. Many within the Federal government are 
     working on green buildings, but additional coordination and 
     integration are needed.'';
       (13) a central coordinating Federal authority for green 
     buildings would increase efficiency of, improve communication 
     between, and reduce duplication within green building 
     programs; and
       (14) the General Services Administration, as the largest 
     civilian landlord in the United States, managing more than 
     8,300 buildings owned or leased by the United States, is the 
     appropriate agency to provide Federal agency coordination of 
     green building programs.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Committee.--The term ``Committee'' means the steering 
     committee established under section 103(a).
       (3) High-performance green building.--The term ``high-
     performance green building'' means a building the life cycle 
     of which--
       (A) increases the efficiency with which the building--
       (i) reduces energy, water, and material resource use;
       (ii) improves indoor environmental quality, reduces indoor 
     pollution, improves thermal comfort, and improves lighting 
     and noise environments that affect occupant health and 
     productivity;
       (iii) reduces negative impacts on the environment 
     throughout the life cycle of the building, including air and 
     water pollution and waste generation;
       (iv) increases the use of environmentally preferable 
     products, including biobased, recycled content, and nontoxic 
     products with lower life-cycle impacts;
       (v) reduces the negative impacts of emissions under the 
     Clean Air Act (42 U.S.C. 7401 et seq.);
       (vi) integrates systems in the building; and
       (vii) reduces the environmental impacts of transportation 
     through building location and site design that support a full 
     range of transportation choices for users of the building;
       (B) considers indoor and outdoor impacts of the building on 
     human health and the environment, including--
       (i) improvements in worker productivity;
       (ii) the life-cycle impacts of building materials and 
     operations; and
       (iii) other factors that the Office considers to be 
     appropriate.
       (4) High-performance school.--The term ``high-performance 
     school'' has the meaning given the term ``healthy, high-
     performance school building'' in section 5586 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7277e).
       (5) Life cycle.--The term ``life cycle'', with respect to a 
     high-performance green building, means all stages of the 
     useful life of the high-performance green building (including 
     components, equipment, systems, and controls of the building) 
     beginning at conception of a green building project and 
     continuing through siting, design, construction, landscaping, 
     commissioning, operation, maintenance, renovation, 
     deconstruction, and removal of the green building.
       (6) Life cycle assessment.--The term ``life cycle 
     assessment'' means a comprehensive system approach for 
     measuring the environmental performance of a product or 
     service that includes an analysis of the environmental 
     impacts of--
       (A) each stage in the life of the product or service 
     (including acquisition of raw materials, product manufacture, 
     transportation, installation, operation and maintenance, and 
     waste management); and
       (B) each component of the product or service.
       (7) Life-cycle costing.--The term ``life-cycle costing'', 
     with respect to a high-performance green building, means an 
     analysis of economic costs of impacts and choices made 
     regarding materials used and activities carried out with 
     respect to the life cycle of the high-performance green 
     building.
       (8) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (9) Office.--The term ``Office'' means the Office of High-
     Performance Green Buildings established under section 102(a).

          TITLE I--OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS

     SEC. 101. OVERSIGHT.

       (a) In General.--The Administrator shall establish within 
     the General Services Administration, and appoint an 
     appropriate individual to, a position in the career-reserved 
     Senior Executive service to--
       (1) establish and oversee the Office of High-Performance 
     Green Buildings in accordance with section 102; and
       (2) carry out other duties as required under this Act.
       (b) Compensation.--The compensation of the individual 
     appointed under subsection (a) shall not exceed the maximum 
     rate of basic pay for the Senior Executive Service under 
     section 5382 of title 5, United States Code, including any 
     applicable locality-based comparability payment that may be 
     authorized under section 5304(h)(2)(C) of that title.

     SEC. 102. OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS.

       (a) Establishment.--The individual appointed under section 
     101(a), in partnership with the Administrator of the 
     Environmental Protection Agency, the Office of the Federal 
     Environmental Executive, the Secretary of Energy, the 
     Secretary of Commerce, the Secretary of Defense, the 
     Secretary of Homeland Security, the Secretary of Health and 
     Human Services, the Director of the Office of Management and 
     Budget, and heads of other relevant Federal agencies, shall 
     establish within the General Services Administration an 
     Office of High-Performance Green Buildings.
       (b) Duties.--The Office shall--
       (1) ensure full coordination and collaboration with all 
     relevant agencies;
       (2) establish a senior-level Federal interagency steering 
     committee in accordance with section 103;
       (3) provide information through--
       (A) outreach;
       (B) education;
       (C) the provision of technical assistance; and
       (D) the development of a national high-performance green 
     building clearinghouse in accordance with section 104;
       (4) provide for research and development relating to high-
     performance green building initiatives under section 105(a);
       (5) in partnership with the Comptroller General, review and 
     analyze budget and life-cycle costing issues in accordance 
     with section 106;
       (6) complete and submit a report in accordance with 
     subsection (c); and
       (7) carry out implementation plans described in subsection 
     (d).
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, and biennially thereafter, the Office 
     shall submit to Congress and the Comptroller General a report 
     that--
       (1) describes the status of the implementation of programs 
     under this Act and other Federal programs in effect as of the 
     date of the report, including--
       (A) the extent to which the programs are being carried out 
     in accordance with this Act; and
       (B) the status of funding requests and appropriations for 
     those programs;
       (2) identifies steps within the planning, budgeting, and 
     construction process of Federal facilities that inhibit new 
     and existing Federal facilities from becoming high-
     performance green buildings, as measured by--
       (A) a silver rating, as defined by the Leadership in Energy 
     and Environmental Design Building Rating System standard 
     established by the United States Green Building Council; or
       (B) an improved or higher rating standard as identified, 
     and reassessed biannually, by the Committee;
       (3) identifies inconsistency of Federal agencies with 
     Federal law in product acquisition guidelines and high-
     performance product guidelines;
       (4) recommends language for uniform standards for use by 
     Federal agencies in environmentally responsible acquisition; 
     and
       (5) includes, for the 2-year period covered by the report, 
     recommendations to address each of the matters, and a plan 
     and deadline for implementation of each of the 
     recommendations, described in paragraphs (1) through (4).
       (d) Implementation Plan.--The Office, in consultation with 
     the Comptroller General, shall carry out each plan for 
     implementation of recommendations under subsection (c)(5).

     SEC. 103. INTERAGENCY STEERING COMMITTEE.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Office shall establish within 
     the Office a steering committee.
       (b) Membership.--The Committee shall be composed of 
     representatives of, at a minimum--

[[Page 14871]]

       (1) each agency referred to in section 102(a);
       (2) State and local governments;
       (3) nongovernmental organizations, including the United 
     State Green Building Council, the American Council for an 
     Energy-Efficient Economy, and the Rocky Mountain Institute;
       (4) building design, development, and finance sectors in 
     the private sector; and
       (5) building owners, developers, and equipment 
     manufacturers, including renewable, control, combined heat 
     and power, and other relevant technologies, as determined by 
     the Office.
       (c) Duties.--The Committee shall--
       (1) assess Federal activities and compliance with Federal 
     law applicable to high-performance green buildings;
       (2) make recommendations for expansion of existing efforts 
     and development of new efforts to support activities relating 
     to the life cycles of high-performance green buildings by the 
     Federal Government, including consideration of the benefits 
     to national security and implementation of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
       (3) evaluate current high-performance green building 
     standards and recommend improved, higher, or supplemental 
     rating standards, as necessary, that are consistent with the 
     responsibilities of the Federal Government under this Act and 
     other applicable law; and
       (4) provide to the individual appointed under section 
     101(a) such recommendations relating to Federal activities 
     carried out under sections 104 through 106 as are agreed to 
     by a majority of the members of the Committee.

     SEC. 104. PUBLIC OUTREACH.

       (a) Establishment.--The Office, in close coordination with 
     Federal agencies and departments that perform related 
     functions, shall carry out public outreach--
       (1) to inform individuals and entities in the public 
     sector, including the Federal Government, of the information 
     and services available through the Office; and
       (2) to determine how to most effectively deliver that 
     information to the individuals and entities.
       (b) Duties.--In carrying out this section, the Office, in 
     close cooperation with Federal agencies and departments that 
     perform related functions, shall--
       (1) establish and maintain a national high-performance 
     green building clearinghouse on the Internet that--
       (A) coordinates and enhances existing similar efforts; and
       (B) provides information relating to high-performance green 
     buildings, including--
       (i) information on, and hyperlinks to Internet sites that 
     describe, the activities of the Federal Government;
       (ii) hyperlinks to Internet sites relating to--

       (I) State and local governments;
       (II) the private sector; and
       (III) international activities; and

       (iii) information on the exposure of children to 
     environmental hazards in school facilities, as provided by 
     the Administrator of the Environmental Protection Agency;
       (2) develop clear guidance and educational materials for 
     use by Federal agencies in implementing high-performance 
     green building practices;
       (3) develop and conduct training sessions with budget 
     specialists and contracting personnel from Federal agencies 
     and budget examiners to apply life-cycle cost criteria to 
     actual projects;
       (4) provide technical assistance on methods of using tools 
     and resources to make more cost-effective, health protective, 
     and environmentally beneficial decisions for constructing 
     high-performance green buildings;
       (5) assist all branches of government at the Federal, 
     State, and local levels, and any other interested entity, by 
     providing information on relevant application processes for 
     certifying a high-performance green building, including 
     certification and commissioning;
       (6) assist interested persons, communities, businesses, and 
     branches of government with technical information, technical 
     assistance, market research, or other forms of assistance, 
     information, or advice that would be useful in planning and 
     constructing high-performance green buildings, particularly 
     with respect to tools available to conduct life-cycle cost 
     assessment;
       (7) provide technical training and guidance on high-
     performance green buildings; and
       (8) obtain such information from other Federal offices, 
     agencies and departments as is necessary to carry out this 
     Act.

     SEC. 105. RESEARCH AND DEVELOPMENT.

       (a) Establishment.--The Office shall carry out research and 
     development--
       (1) to survey and coordinate existing research and studies;
       (2) to recommend new areas for research; and
       (3) to promote the development and dissemination of high 
     performance green building tools.
       (b) Duties.--In carrying out this section, the Office 
     shall--
       (1) ensure interagency coordination of relevant research;
       (2) develop and direct a Federal high-performance green 
     building research plan that identifies information needs and 
     research that should be addressed and provides measurement 
     tools--
       (A) to quantify the relationships between human health and 
     occupant productivity and each of--
       (i) pollutant emissions from materials and products in the 
     building;
       (ii) natural day lighting;
       (iii) ventilation choices and technologies;
       (iv) heating and cooling choices and technologies;
       (v) moisture control and mold;
       (vi) maintenance, cleaning, and pest control activities;
       (vii) acoustics; and
       (viii) other issues relating to the health, comfort, 
     productivity, and performance of occupants of the building;
       (B) to monitor and assess the life-cycle performance of 
     public facilities (including demonstration projects) built as 
     high-performance green buildings, including through 
     consideration of the report required under section 
     401(b)(1)(D); and
       (C) to quantify, review, and standardize techniques for use 
     in performing life cycle assessments;
       (3) assist the budget and life-cycle costing functions of 
     the Office under section 106 in the development and 
     implementation of performance-based standards and life-cycle 
     cost measures, including the development of performance 
     measure tools and software for use by Federal agencies and 
     other interested entities; and
       (4) support other research initiatives determined by the 
     Office to contribute to mainstreaming of high-performance 
     planning, design, construction, and operation and management 
     of buildings.

     SEC. 106. BUDGET AND LIFE-CYCLE COSTING.

       (a) Establishment.--The Office, in coordination with the 
     Office of Management and Budget and relevant agencies, shall 
     carry out budget and life-cycle costing for green buildings.
       (b) Duties.--In carrying out this section, the Office 
     shall--
       (1) consult, as necessary, the report of the Office of the 
     Federal Environmental Executive entitled ``The Federal 
     Commitment to Buildings: Experiences and Expectations'' and 
     dated September 2003;
       (2) be responsible for--
       (A) examining policy of the Office of Management and Budget 
     relating to life-cycle costing for Federal capital 
     investments;
       (B) assisting in the development of clear guidance and 
     implementation of life-cycle cost policy with budget offices 
     of other Federal agencies by establishing a consistent 
     standard of life-cycle cost practices for Federal agencies;
       (C) identifying tools that could support the use of life-
     cycle costing to assist sound Federal budget decisionmaking; 
     and
       (D) examining--
       (i) the practicability of linking high performance green 
     building life cycle stages with Federal budgets;
       (ii) the effect that such a link would have in reducing 
     barriers to the construction of high-performance green 
     buildings and renovation of existing buildings; and
       (iii) means by which to incorporate the short-term and 
     long-term cost savings that accrue from high-performance 
     green buildings.

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title $2,000,000 for each of fiscal years 2005 through 2010.

               TITLE II--HEALTHY HIGH-PERFORMANCE SCHOOLS

     SEC. 201. GRANTS FOR SCHOOLS.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency may provide grants to State educational 
     agencies and local educational agencies for use in--
       (1) providing intensive technical assistance for and 
     assisting the implementation of the Tools for Schools Program 
     of the Environmental Protection Agency; and
       (2) development of State-level school environmental quality 
     plans, in partnership with the Environmental Protection 
     Agency, that may include--
       (A) standards for school building design, construction, and 
     renovation;
       (B) identification of ongoing school building environmental 
     problems in the State;
       (C) proposals for the systematic improvement (including 
     benchmarks and timelines) of environmental conditions in 
     schools throughout the State, including with respect to--
       (i) school building siting, construction, and maintenance;
       (ii) indoor air quality;
       (iii) pest control;
       (iv) radon contamination;
       (v) lead contamination;
       (vi) environmentally preferable purchasing of products for 
     instruction and maintenance;
       (vii) hazard identification and remediation; and
       (viii) maximization of transportation choices for students, 
     staff, and other members of the community; and
       (D) recommendations for improvements in the capacity of the 
     State to track child and adult health complaints relating to 
     schools.
       (b) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost of a 
     project or activity carried out

[[Page 14872]]

     using funds from a grant under subsection (a) shall not 
     exceed 90 percent.
       (2) Non-federal share.--The non-Federal share of the cost 
     of a project or activity carried out using funds from a grant 
     under subsection (a) may be provided in the form of cash or 
     in-kind goods and services, including goods and services used 
     to create prototypical designs.
       (c) Grant Priority.--
       (1) In general.--In providing grants under this section for 
     use in carrying out the program referred to in subsection 
     (a)(1), the Administrator of the Environmental Protection 
     Agency shall give priority to school districts that have a 
     demonstrated need for environmental improvement.
       (2) Responsibility of school districts and state 
     educational agencies.--
       (A) School districts.--Not later than 2 years after the 
     date of enactment of this Act, and annually thereafter, each 
     school district that receives funds from the Administrator of 
     the Environmental Protection Agency to carry out a program 
     described in subsection (a) shall submit to the State 
     educational agency with jurisdiction over the school district 
     a report that includes--
       (i) a list of schools in the districts that, as of the date 
     of the report, have accepted funds or other assistance from 
     the Environmental Protection Agency for use in carrying out 
     this section; and
       (ii) an evaluation of the impact of the funds, including--

       (I) general data regarding measures of student health and 
     attendance rates before and after the intervention; and
       (II) descriptions of toxic or hazardous cleaning, 
     maintenance, or instructional products eliminated or reduced 
     in use as part of the promotion or remediation of the indoor 
     air quality of schools within the school district; and

       (iii) basic information on the potential influence of other 
     factors (such as the installation of carpet and HVAC systems 
     and similar activities) on air quality.
       (B) State educational agency reports.--Not later than 180 
     days after the date on which each State educational agency 
     has received the annual reports under subparagraph (A) from 
     all participating school districts, the State educational 
     agency shall submit to the Administrator of the Environmental 
     Protection Agency and Congress a consolidated report of all 
     information received from the school districts.

     SEC. 202. FEDERAL GUIDELINES FOR SITING OF SCHOOL FACILITIES.

       (a) In General.--Using as a model guidelines such as those 
     of the ``Child Proofing Our Communities'' School Siting 
     Committee of the State of California, the Administrator of 
     the Environmental Protection Agency shall develop school site 
     acquisition guidelines.
       (b) Vulnerability.--The guidelines should contain an 
     analysis of means by which to account for the special 
     vulnerability of children to chemical exposures in any case 
     in which the potential for contamination at a potential 
     school site is assessed.
       (c) Accessibility.--The guidelines shall include an 
     analysis of means by which to maximize transportation choices 
     for students, staff, and other members of the community.

     SEC. 203. EDUCATION RESEARCH PROGRAM.

       The Administrator of the Environmental Protection Agency, 
     in partnership with the Secretary of Education, shall carry 
     out an education research program that--
       (1) describes the status and findings of Federal research 
     initiatives established under this Act and other Federal law 
     with respect to education, including relevant updates on 
     trends in the field, such as the impact of school facility 
     environments on--
       (A) student and staff health, safety, and productivity;
       (B) students with disabilities or special needs; and
       (C) student learning capacity;
       (2) provides technical assistance on siting, design, 
     management, and operation of school facilities, including 
     facilities used by students with disabilities or special 
     needs;
       (3) once the relevant metrics have been identified or 
     developed in accordance with section 105, quantifies the 
     relationships between--
       (A) human health, occupant productivity, and student 
     performance; and
       (B) with respect to school facilities, each of--
       (i) pollutant emissions from materials and products;
       (ii) natural day lighting;
       (iii) ventilation choices and technologies;
       (iv) heating and cooling choices and technologies;
       (v) moisture control and mold;
       (vi) maintenance, cleaning, and pest control activities;
       (vii) acoustics; and
       (viii) other issues relating to the health, comfort, 
     productivity, and performance of occupants of the school 
     facilities;
       (4) cooperates with federally funded pediatric 
     environmental health research centers to assist in on-site 
     school environmental investigations;
       (5) assists States and State entities in better 
     understanding and improving the environmental health of 
     children; and
       (6) provides to the Office a biennial report of all 
     activities carried out under this section.

     SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     title $10,000,000 for the period of fiscal years 2005 through 
     2010.

              TITLE III--STRENGTHENING FEDERAL LEADERSHIP

     SEC. 301. GENERAL ACCOUNTING OFFICE.

       (a) Restructuring of Capital Budgets.--Not later than 180 
     days after the date of submission of the report under 102(c), 
     the Comptroller General shall--
       (1) review the current budget process; and
       (2) develop and submit to Congress an implementation plan 
     for life-cycle costing that--
       (A) identifies and incorporates the short-term and long-
     term cost savings that accrue from high-performance green 
     buildings; and
       (B) includes recommendations for--
       (i) restructuring of budgets to require the use of complete 
     energy- and environmental-cost accounting;
       (ii) the use of operations expenditures in budget-related 
     decisions while simultaneously incorporating productivity and 
     health measures (as those measures can be quantified by the 
     Office, with the assistance of universities and national 
     laboratories); and
       (iii) means by which Federal agencies may be permitted to 
     retain and reuse all identified savings accrued as a result 
     of the use of high-performance life cycle costing for future 
     high-performance green building initiatives.
       (b) Audits.--The Comptroller General may conduct periodic 
     audits of a Federal project over the life of the project to 
     inspect whether--
       (1) the design stage of high performance green building 
     measures were achieved; and
       (2) the high performance building data were collected and 
     reported to the Office.

                    TITLE IV--DEMONSTRATION PROJECT

     SEC. 401. COORDINATION OF GOALS.

       (a) In General.--The Office shall establish guidelines for 
     a demonstration project conducted as a public-private 
     partnership to contribute to the research goals of the 
     Office.
       (b) Projects.--In accordance with guidelines established by 
     the Office under subsection (a) and the duties of the Office 
     described in section 101(b), the individual appointed under 
     section 101(a) shall carry out--
       (1) for each of fiscal years 2005 through 2008, a 
     demonstration project, in a Federal building selected by the 
     Office in accordance with the criteria described in 
     subsection (c)(1), that--
       (A) provides for the evaluation and, as practicable, use of 
     the information obtained through the conduct of projects and 
     activities under this Act;
       (B) requires at least 1 project or activity referred to in 
     subparagraph (A) to achieve a platinum rating, as defined by 
     the Leadership in Energy and Environmental Design Building 
     Rating System standard established by the United States Green 
     Building Council (or equivalent rating), for each fiscal 
     year; and
       (C) requires the submission to the Office of an annual 
     report describing recommendations for the use of information 
     gathered as a result of programs carried out under this Act; 
     and
       (2) a demonstration project involving at least 4 
     universities, that, as determined by the Office in accordance 
     with subsection (c)(2), have appropriate research capability 
     and relevant projects to meet the goals of the demonstration 
     project established by the Office.
       (c) Criteria.--
       (1) Federal buildings.--With respect to the Federal 
     building at which a demonstration project under this section 
     is conducted, the Federal building shall--
       (A) be an appropriate model for a project involving--
       (i) location and design that promote access to the Federal 
     building through walking, biking, and mass transit;
       (ii) construction or renovation to meet high indoor 
     environmental criteria;
       (iii) deployment, and assessment of effectiveness, of high 
     performance technologies;
       (iv) analysis of life cycles of all materials, components, 
     and systems in the building; and
       (v) assessment of beneficial impacts on public health and 
     the health of individuals that enter or work in the building; 
     and
       (B) possess sufficient technological and organizational 
     adaptability.
       (2) Universities.--With respect to the 4 universities at 
     which a demonstration project under this section is 
     conducted--
       (A) the universities should be selected based on--
       (i) successful and established public-private research and 
     development partnerships;
       (ii) demonstrated capabilities to construct or renovate 
     buildings that meet high indoor environmental qualities;
       (iii) organizational flexibility;
       (iv) technological adaptability;
       (v) energy and environmental effectiveness throughout the 
     life cycles of all materials, components, and systems 
     deployed within the building; and

[[Page 14873]]

       (vi) the demonstrated capacity of at least 1 university to 
     replicate lessons learned among nearby or sister 
     universities, preferably by participation in groups or 
     consortia that promote sustainability;
       (B) each university shall be located in a different 
     climatic region of the United States, each of which regions 
     shall have, as determined by the Office--
       (i) a hot, dry climate;
       (ii) a hot, humid climate;
       (iii) a cold climate; or
       (iv) a mild climate;
       (C) each university shall agree that the focuses of the 
     project shall be--
       (i) the effectiveness of various high performance 
     technologies in each of the 4 climatic regions of the United 
     States described in subparagraph (B);
       (ii) the identification of the most effective ways to use 
     high performance building and landscape technologies to 
     engage and educate undergraduate and graduate students; and
       (iii) quantifiable and nonquantifiable beneficial impacts 
     on public health and worker and student performance.

     SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

       (a) Federal Demonstration Project.--There is authorized to 
     be appropriated to carry out the Federal demonstration 
     project described in section 401(b)(1) $5,000,000 for the 
     period of fiscal years 2005 through 2010.
       (b) University Demonstration Projects.--There is authorized 
     to be appropriated to carry out the university demonstration 
     projects described in section 401(b)(2) $10,000,000 for the 
     period of fiscal years 2005 through 2010.

  Mr. LAUTENBERG. Mr. President, I am pleased to join Senator Jeffords 
today in introducing the High-Performance Green Buildings Act. This 
legislation will reenergize the Federal Government's commitment to 
building design and construction into the 21st Century.
  Buildings have an enormous impact on environmental quality, on energy 
use, and on natural resource consumption. The statistics are 
staggering. Buildings devour 37 percent of the energy used in this 
country, including 68 percent of electricity. They are responsible for 
35 percent of carbon dioxide emissions, the primary greenhouse gas 
associated with climate change. And they account for 49 percent of 
sulfur dioxide and 25 percent of nitrogen oxide emissions and generate 
40 percent of the Nation's non-industrial waste stream. Moreover, 
building construction and demolition produce 136 million tons of waste 
in this country, and use 12 percent of potable water in the U.S. Mr. 
President, for too long these prodigious effects have gone 
unrecognized.
  The impacts are even more far reaching than that. Since Americans 
spend an average of 90 percent of their time indoors, buildings have a 
considerable influence on public health. According to the Environmental 
Protection Agency, EPA, indoor air pollution concentrations may be two 
to five times, and in some cases 100 times, higher than in outdoor air. 
EPA scientists estimates that about 20,000 deaths occur related to 
indoor levels of radon, and that 3000 lung cancer deaths occur among 
nonsmoking adults due to second-hand smoke each year.
  Experts at the Centers for Disease Control and Prevention, CDC, 
estimate that an additional 35,000 coronary disease deaths occur each 
year in this country among nonsmoking adults due to second-hand smoke. 
These losses do not include exposure to toxic pollutants emitted from 
building materials, such as adhesives, paints, carpets, and pressed-
wood products, which many researchers believe to be significant. We 
must confront these environmental and public health challenges and to 
do so we need a vision for the future. Our legislation offers that 
vision.
  High-performance green buildings are designed and constructed in ways 
that significantly reduce or eliminate negative effects on the 
environment, on energy use, and on resource consumption. They are also 
designed to reduce or eliminate harmful pressures on the health and 
productivity of building occupants. According to the U.S. Green 
Building Council, a national nonprofit organization, green design and 
construction practices are directed at five broad areas: 1. Sustainable 
site planning; 2. Safeguarding water and water efficiency; 3. Energy 
efficiency and renewable energy; 4. Conservation of materials and 
resources; and 5. Indoor environmental quality.
  Green buildings have many benefits, and while the initial investment 
may be higher (although not necessarily) than for a traditional 
buildings, they significantly lower long-term costs for things such as 
heating and cooling. Since new government buildings are intended to be 
used for a long period of time--at least 50 years--it is easier to 
justify any initial higher investment costs. By improving working 
conditions and increasing daylighting, case studies have shown that 
green buildings improve occupant productivity and reduce employee 
absenteeism. This legislation would provide for research to capture and 
measure those impacts and incorporate the lessons learned into future 
construction.
  The High-Performance Green Building Act focuses Federal Government 
efforts to promote the environmental, energy, health, and economic 
benefits that can be realized from green buildings. This legislation 
incorporates the findings of two reports that make recommendations for 
improving the Federal Government's role in relation to high-performance 
green buildings. The first report, ``Building Momentum: National Trends 
and Prospects for High-Performance Green Buildings,'' was prepared by 
the U.S. Green Building Council and the second report, ``The Federal 
Commitment to Green Building: Experiences and Expectations,'' was 
released by the President's Office of the Federal Environmental 
Executive.
  Our legislation changes the way the Federal Government manages its 
thousands of buildings. The bill establishes an Office of High-
Performance Green Buildings within the General Services Administration, 
GSA, which is the logical place for this office since this agency is 
the Federal Government's primary landlord. GSA manages over 8,700 
buildings owned or leased by the United States. The new office will 
promote public outreach, coordinate and focus research and development, 
and improve life-cycle analysis and budgeting for building 
construction. This title also creates an Interagency Steering Committee 
to improve coordination across Federal agencies, and with state and 
local governments.
  This bill would expand the role of EPA in supporting healthier 
buildings at the nation's schools. Schools can serve as the vanguard 
for the effort to protect our children's health and the environment, so 
this title authorizes the Agency to administer grants to state and 
local education agencies to support implementation of EPA's effective 
Tools for Schools Program. It also authorizes the Agency to develop 
Federal guidelines for school location siting that take into account 
the special vulnerabilities of children to the contamination of land 
and water.
  This legislation would incorporate building life-cycle costing as a 
tool to achieve more efficient and economical long-term investments in 
government buildings, by requiring the Comptroller General to review 
the annual Federal budget process and submit a plan to reach these 
goals to Congress.
  In closing, investing in green buildings is good public policy for a 
variety of reasons. Our bill will allow the Federal Government to take 
a leadership role in promoting green buildings. We have a commitment to 
our children and grandchildren to protect and conserve the planet's 
resources and to safeguard public health. I urge my colleagues to 
support this important bill.
                                 ______
                                 
      By Mr. GRAHAM of Florida:
  S. 2621. A bill to amend the Federal Water Pollution Control Act to 
extend the pilot program for alternative water source projects; to the 
Committee on Environment and Public Works.
  Mr. GRAHAM. Mr. President, the Authorization for the Alternative 
Water Sources Act of 2000, which I originally introduced, expires this 
year. I am introducing a bill to extend this law for five years through 
Fiscal Year 2009 at an average authorization level of $25 million per 
year.
  Our Nation's water supply needs are great and growing. For instance, 
each day the State of Florida adds 900 residents. To satisfy the water 
needs of this daily population increase, Florida must supply 200,000 
more gallons of fresh water per day. Furthermore, the

[[Page 14874]]

additional infrastructure needed to accommodate new residents blocks 
rainwater penetration into aquifers, lowering the water table. In fact, 
residents of Florida's west coast are increasingly resorting to 
drinking desalinated water as fresh water sources no longer suffice. 
Depletion of fresh water has resulted in saltwater intrusion into 
inland aquifers tainting water supplies and reducing the ability of 
soils to grow plants.
  Other States are facing similar crises.
  In southern New Jersey, water demands are so great that groundwater 
withdrawals from aquifers have lowered the water table by 200 feet, 
causing saltwater intrusion.
  In Georgia and South Carolina, excessive water demand has 
significantly lowered water levels causing the upward migration of salt 
water in the Brunswick area and an encroachment of seawater into the 
aquifer at the northern end of Hilton Head Island.
  On the East Coast, which gets on average 40 inches of rain per year, 
water resources have long been thought to be inexhaustible. However 
with changing population patterns and increasing personal and 
commercial water use, many water-rich areas are finding that the water 
will not always be there when they need it.
  The extension of the Alternative Water Sources Act will provide 
States with the assistance they need to meet the needs of growing 
populations without harming the environment. It will also provide funds 
on a cost-shared basis to States for development of non-traditional 
water resources that will provide much needed water and prevent future 
environmental damages.
  The bill I introduce today, authorizes the EPA to provide grants, at 
an average $25 million a year for Fiscal Years 2005 through 2009, on a 
cost-shared basis for alternative water source projects. The EPA 
administrator is required to take into account the eligibility of a 
project for funding under the existing programs when selecting projects 
for funding under this nationwide program.
  This law is critical to the environmentally friendly development of 
water resources in the United States. It authorizes funds for 
innovative water reuse, reclamation and conservation projects--helping 
many States meet current and future water supply.
  Populations in water-rich areas are drawing increasingly on limited 
groundwater supplies. In the past, groundwater users in the East might 
have been characterized as private wells and small public water 
systems. Today, as people move away from traditional population centers 
along major rivers, groundwater use is increasing. In Pennsylvania, 
about six million people rely on groundwater.
  Yet, trillions of gallons of fresh water in the United States are 
wasted and flood into the sea annually. For instance, in Florida, every 
year approximately 970 billion gallons of fresh water are diverted into 
canals that flow into the Gulf of Mexico and the Atlantic. This 
precious fresh water would otherwise have replenished aquifers or 
nourished fragile aquatic ecosystems. If properly captured and stored, 
this water could be used for industrial or commercial activities, 
reducing pressure on precious drinking water sources.
  Our increasing water needs require immediate attention.
  We continue to make progress in conservation. In the South Florida 
Water Management District, nearly 200 million gallons of water are 
being reused per day. However, demands remain great. For instance, each 
resident in South Florida uses nearly 175 gallons of fresh water per 
day--almost twice the national average. Much of this potable water is 
used for watering landscaping. We must find ways to reserve potable 
water for drinking and make better use of other sources of water for 
agricultural, commercial and outdoor watering purposes.
  With innovations in water quantity management, we can curtail such 
tremendous wastes of water and reuse the water that supply storage 
facilities now cannot absorb.
  In 1999, I sponsored S. 968, the Alternative Water Sources Act, which 
authorized funding for alternative water projects in States that do not 
receive funds for water supply projects. In 2000, my bill was 
incorporated into S. 835, the Estuaries and Clean Waters Act of 2000, 
which became Public Law 106-457. Unfortunately, the authorization for 
the Alternative Water Sources Act is due to expire this year. With our 
Nation facing many water quantity management issues, we must act now to 
renew the authorization.
  Congress can provide tools to ensure that Americans have the water 
they need for a healthy and productive future. The Alternative Water 
Sources Act is one such tool, and we must not let it expire. I hope 
that Congress will approve an extension of the Act before the end of 
the year.
  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. 2621

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

     SECTION 1. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE 
                   PROJECTS.

       Section 220(j) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1300(j)) is amended in the first sentence--
       (1) by striking ``$75,000,000'' and inserting 
     ``$125,000,000''; and
       (2) by striking ``2002 through 2004'' and inserting ``2005 
     through 2009''.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 2622. A bill to provide for the exchange of certain Federal land 
in the Santa Fe National Forest and certain non-Federal land in the 
Pecos National Historical Park in the State of New Mexico; to the 
Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, today, I am introducing along with 
Senator Domenici the ``Pecos National Historical Park Land Exchange Act 
of 2004''. This bill will authorize a land exchange between the Federal 
Government and a private landowner that will benefit the Pecos National 
Historical Park in my State of New Mexico.
  Specifically, the bill will enable the Park Service to acquire a 
private inholding within the Park's boundaries in exchange for the 
transfer of a nearby tract of National Forest System land. The National 
Forest parcel has been identified as available for exchange in the 
Santa Fe National Forest Land and Resource Management Plan and is 
surrounded by private lands on three sides.
  The Pecos National Historical Park possesses exceptional historic and 
archaeological resources. Its strategic location between the Great 
Plains and the Rio Grande Valley has made it the focus of the region's 
10,000 years of human history. The Park preserves the ruins of the 
great Pecos pueblo, which was a major trade center, and the ruins of 
two Spanish colonial missions dating from the 17th and 18th centuries.
  The Glorieta Unit of the Park protects key sites associated with the 
1862 Civil War Battle of Glorieta Pass, a significant event that ended 
the Confederate attempt to expand the war into the West. This Unit will 
directly benefit from the land exchange.
  I ask unanimous consent that the full text of the bill I have 
introduced today be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2622

       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 ``Pecos National Historical 
     Park Land Exchange Act of 2004.''

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Federal land.--The term ``Federal land'' means the 
     approximately 160 acres of Federal land within the Santa Fe 
     National Forest in the State, as depicted on the map.
       (2) Landowner.--The term ``landowner'' means the 1 or more 
     owners of the non-Federal land.
       (3) Map.--The term ``map'' means the map entitled 
     ``Proposed Land Exchange for Pecos National Historical 
     Park'', numbered 430/80,054, dated November 19, 1999, and 
     revised September 18, 2000.
       (4) Non-federal land.--The term ``non-Federal land'' means 
     the approximately 154

[[Page 14875]]

     acres of non-Federal land in the Park, as depicted on the 
     map.
       (5) Park.--The term ``Park'' means the Pecos National 
     Historical Park in the State.
       (6) Secretaries.--The term ``Secretaries'' means the 
     Secretary of the Interior and the Secretary of Agriculture, 
     acting jointly.
       (7) State.--The term ``State'' means the State of New 
     Mexico.

     SEC. 3. LAND EXCHANGE.

       (a) In General.--On conveyance by the landowner to the 
     Secretary of the Interior of the non-Federal land, title to 
     which is acceptable to the Secretary of the Interior.
       (1) the Secretary of Agriculture shall, subject to the 
     conditions of this Act, convey to the landowner the Federal 
     land; and
       (2) the Secretary of the Interior shall, subject to the 
     conditions of this Act, grant to the landowner the easement 
     described in subsection (b).
       (b) Easement.--
       (1) In general.--The easement referred to in subsection 
     (a)(2) is an easement (including an easement for service 
     access) for water pipelines to 2 well sites located in the 
     Park, as generally depicted on the map.
       (2) Route.--The Secretary of the Interior, in consultation 
     with the landowner, shall determine the appropriate route of 
     the easement through the Park.
       (3) Terms and conditions.--The easement shall include such 
     terms and conditions relating to the use of, and access to, 
     the well sites and pipeline, as the Secretary of the 
     Interior, in consultation with the landowner, determines to 
     be appropriate.
       (4) Applicable law.--The easement shall be established, 
     operated, and maintained in compliance with applicable 
     Federal law.
       (c) Valuation, Appraisals, and Equalization.--
       (1) In general.--The value of the Federal land and non-
     Federal land--
       (A) shall be equal, as determined by appraisals conducted 
     in accordance with paragraph (2); or
       (B) if the value is not equal, shall be equalized in 
     accordance with paragraph (3).
       (2) Appraisals.--
       (A) In general.--The Federal land and non-Federal land 
     shall be appraised by an independent appraiser selected by 
     the Secretaries.
       (B) Requirements.--An appraisal conducted under 
     subparagraph (A) shall be conducted in accordance with--
       (i) the Uniform Appraisal Standards for Federal Land 
     Acquisition; and
       (ii) the Uniform Standards of Professional Appraisal 
     Practice.
       (C) Approval.--The appraisals conducted under this 
     paragraph shall be submitted to the Secretary of the Interior 
     for approval.
       (3) Equalization of values.--
       (A) In general.--If the values of the non-Federal land and 
     the Federal land are not equal, the values may be equalized 
     by--
       (i) the Secretary of the Interior making a cash 
     equalization payment to the landowner;
       (ii) the landowner making a cash equalization payment to 
     the Secretary of Agriculture; or
       (iii) reducing the acreage of the non-Federal land or the 
     Federal land, as appropriate.
       (B) Cash equalization payments.--Any amounts received by 
     the Secretary of Agriculture as a cash equalization payment 
     under section 206(b) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1716(b)) shall--
       (1) be deposited in the fund established by Public Law 90-
     171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); 
     and
       (ii) be available for expenditure, without further 
     appropriation, for the acquisition of land and interests in 
     land in the State.
       (d) Costs.--Before the completion of the exchange under 
     this section, the Secretaries and the landowner shall enter 
     into an agreement that allocates the costs of the exchange 
     between the Secretaries and the landowner.
       (e) Applicable Law.--Except as otherwise provided in this 
     Act, the exchange of land and interests in land under this 
     Act shall be in accordance with--
       (1) section 206 of the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1716); and
       (2) other applicable laws, including the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (f) Additional Terms and Conditions.--The Secretaries may 
     require, in addition to any requirements under this Act, such 
     terms and conditions relating to the exchange of Federal land 
     and non-Federal land and the granting of easements under this 
     Act as the Secretaries determine to be appropriate to protect 
     the interests of the United States.
       (g) Completion of the Exchange.--
       (1) In general.--The exchange of Federal land and non-
     Federal land shall be completed not later than 180 days after 
     the later of--
       (A) the date on which the requirements of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     have been met; or
       (B) the date on which the Secretary of the Interior 
     approves the appraisals under subsection (c)(2)(C).
       (2) Notice.--The Secretaries shall submit to Committee on 
     Energy and Natural Resources of Senate and the Committee on 
     Resources of the House of Representatives notice of the 
     completion of the exchange of Federal land and non-Federal 
     land under this Act.

     SEC. 4. ADMINISTRATION.

       (a) In General.--The Secretary of the Interior shall 
     administer the non-Federal land acquired under this Act in 
     accordance with the laws generally applicable to units of the 
     National Park System, including the Act of August 25, 1916 
     (commonly known as the ``National Park Service Organic Act'') 
     (16 U.S.C. 1 et seq.).
       (b) Maps.--
       (1) In general.--The map shall be on file and available for 
     public inspection in the appropriate offices of the 
     Secretaries.
       (2) Transmittal of revised map to congress.--Not later than 
     180 days after completion of the exchange, the Secretaries 
     shall transmit to the Committee on Energy and Natural 
     Resources of the United States and the Committee on Resources 
     of the United States House of Representatives a revised map 
     that depicts--
       (A) the Federal land and non-Federal land exchanged under 
     this Act; and
       (B) the easement described in section 3(b).

  Mr. DOMENICI. Mr. President, today, Senator Bingaman and I are 
introducing the ``Pecos National Historical Park Land Exchange Act of 
2004''. This bill will authorize a land exchange between the Federal 
Government and a private landowner that will benefit the Pecos National 
Historical Park in my State of New Mexico.
  I am pleased to be working on this legislation again with Senator 
Bingaman. This bill is nearly identical to a bill that we worked on and 
marked up in the Energy and Natural Resources Committee in the 106th 
Session of Congress.
  The bill will enable the Park Service to acquire a private inholding 
within the Pecos National Historic Park's boundaries in exchange for 
the transfer of a nearby tract of National Forest System land. The 
National Forest parcel has been identified as surplus and available for 
exchange in the Santa Fe National Forest Land and Resource Management 
Plan and is surrounded by private lands on three sides.
  The Pecos National Historical Park is located between the Great 
Plains and the Rio Grande Valley and that has made it the focus of the 
region's 10,000 years of human history. The park preserves the ruins of 
the great Pecos pueblo--a major trade center--and the ruins of two 
Spanish colonial missions dating from the 17th and 18th centuries.
  The Glorieta Unit of the Park, where this exchange is located, 
protects key sites associated with the 1862 Civil War Battle of 
Glorieta Pass, a significant event that ended the Confederate attempt 
to expand the war into the west. This unit will directly benefit from 
the land exchange.
                                 ______
                                 
      By Mr. SMITH (for himself, Mr. Kohl, and Mr. Lugar):
  S. 2623. A bill to amend section 402 of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 to provide a 2-year 
extension of supplemental security income in fiscal years 2005 through 
2007 for refugees, asylees, and certain other humanitarian immigrants; 
to the Committee on Finance.
  Mr. SMITH. Mr. President, I am pleased to be joined today by my 
colleagues, Senators Kohl and Lugar to introduce this important piece 
of legislation. Legislation that will ensure the United States 
government does not turn its back on political asylees or refugees who 
are the most vulnerable citizens seeking safety in this great country 
of ours.
  As many of you may know, Congress as part of Personal Responsibility 
and Work Opportunity Reconciliation Act (PRWORA) modified the SSI 
program to include a seven-year time limit on the receipt of benefits 
for refugees and asylees. This policy was intended to balance the 
desire to have people who emigrate to the United States to become 
citizens, with an understanding that the naturalization process also 
takes time to complete. To allow adequate time for asylees and refugees 
to become naturalized citizens Congress provided the seven-year time 
limit before the expiration of SSI benefits.
  Unfortunately, the naturalization process often takes longer than 
seven years because applicants are required to live in the United 
States for a minimum of five years prior to applying for citizenship 
and the INS often takes

[[Page 14876]]

three or more years to process the application. Because of this time 
delay, many individuals are trapped in the system faced with the loss 
of their SSI benefits.
  If Congress does not act to change the law, reports show that over 
the next four years nearly 30,000 elderly and disabled refugees and 
asylees will lose their Supplemental Security Income (SSI) benefits 
because their seven-year time limit will expire before they become 
citizens. Many of these individuals are elderly who fled persecution or 
torture in their home countries. They include Jews fleeing religious 
persecution in the former Soviet Union, Iraqi Kurds fleeing the Saddam 
Hussein regime, Cubans and Hmong people from the highlands of Laos who 
served on the side of the United States military during the Vietnam 
War. They are elderly and unable to work, and have become reliant on 
their SSI benefits as their primary income. To penalize them because of 
delays encountered through the bureaucratic process seems unjust and 
inappropriate.
  I would like to share the story of Yelena, a victim of religious 
persecution in the former Soviet Union who sought refuge in the United 
States seven years ago and is currently living in Portland, Oregon. At 
the age of 82, Yelena relies on SSI and other public benefits programs 
to buy food and pay her monthly bills. Yelena is now stuck in a multi-
year backlog waiting for her green card, the first step toward 
citizenship. She was raised in a small village in the Soviet Union 
where she had little access to formal education and never learned 
English. She has struggled to grasp the language since arriving in the 
US and as a result, her seven-year anniversary arrived before she was 
able to naturalize. Yelena is now without her SSI benefits and still 
fighting to become a citizen. We must help Yelena and others like her.
  The Administration in its fiscal year 2005 budget acknowledged the 
necessity to correct this problem by dedicating funding in its budget 
to extend refugee eligibility for SSI beyond the seven-year limit. 
While I am pleased that they have taken the first step in correcting 
this problem, I am concerned the policy does not go far enough. Data 
shows that most people will need at least an additional two years to 
navigate and complete the naturalization process. Therefore, my 
colleagues and I have introduced this bill, which will provide a two-
year extension. We believe this will provide the time necessary to 
complete the process.
  I hope my colleagues will join me in support of this bill, and I look 
forward to working with Chairman Grassley and other members of the 
Finance Committee to secure these changes.
  Mr. KOHL. Mr. President. In December, 2003, the U.S. government 
unexpectedly announced plans to resettle up to 15,000 Hmong refugees 
from Laos currently living in Thailand. These refugees will be reunited 
with some 200,000 Hmong family members who were resettled here in the 
years after the Vietnam War, some as recently as the 1990s. Many of 
these Hmong fought with the CIA in Laos during the Vietnam War, 
providing critical assistance to U.S. forces. After the fall of Saigon, 
thousands of Hmong fled Laos and its communist Pathet Lao government. 
The United States remains indebted to these courageous individuals and 
their families.
  While we work with the Department of Health and Human Services to 
identify funds to help these new refugees resettle, it is extremely 
important that we act to help those refugees and asylees already living 
in the United States. In addition to the Hmong, America has served as a 
shelter for Jews and Baptists fleeing religious persecution in the 
former Soviet Union; and for Iraqis and Cubans escaping tyrannical 
dictatorships. Our policy toward refugees and asylees embodies the best 
of our country--compassion, opportunity, and freedom. I am proud of the 
example our policies set with respect to the treatment of those seeking 
refuge.
  But I am disappointed in our decision to allow these people to enter 
the country and then deny them the means to live. Thousands of people 
who fled religious and political persecution to seek freedom in the 
U.S. will now be punished by a short-sighted policy. A provision in the 
1996 welfare reform bill restricted the amount of time that elderly and 
disabled refugees and asylees could be eligible for Supplemental 
Security Income (SSI) benefits. These benefits serve as a basic monthly 
income for individuals who are 65 or older, disabled or blind. Over the 
next 4 years, it is estimated that 40,000 refugees and political 
asylees could lose these important benefits on which they often rely.
  The 1996 welfare law included a 7-year time limit on SSI benefits for 
legal humanitarian immigrants. In order to avoid losing this important 
support, refugees and asylees must become citizens within the 7-year 
limit. Unfortunately, this has proved impossible for far too many. The 
process of becoming a citizen only truly begins after a refugee has 
resided in the U.S. for 5 years as a lawful permanent resident. And 
beyond that, there are many other barriers, such as language skills and 
processing and bureaucratic delays within the various agencies, which 
an immigrant must overcome before they become naturalized. Beginning in 
2003, immigrants trapped in this process--too often the most vulnerable 
elderly and families--began to lose their SSI benefits with no hope of 
recourse.
  This inherent flaw in the system has to be changed. That is why 
Senators Smith, Lugar and I are introducing the SSI Extension for 
Disabled and Elderly Refugees Act. This legislation extends the amount 
of time that refugees and asylees have to become citizens to nine 
years. The legislation will retroactively restore benefits to many who 
have already lost them, and will protect those who are scheduled to 
lose benefits in the next two years.
  I cannot stress how important this legislation is to many in the 
State of Wisconsin. Just last month, an article in the Green Bay Press-
Gazette told of the difficulties facing 79-year-old Sia Xiong, a Hmong 
refugee who could lose benefits in the coming months. Like many elderly 
refugees, she doesn't know English, which poses a huge barrier in her 
application for citizenship. Despite the assistance that has been given 
to refugees like Xiong from agencies such as Lutheran Social Services 
or Kajsiab House or the Neighborhood Law Project in Madison, the length 
of the naturalization process has proved overwhelming to too many 
refugees.
  Congress must take action immediately to help people like Xiong, and 
her family. In addition to the Hmong population in Wisconsin, almost 
every State in the country is home to immigrants who will be affected 
by the limit. Our country has long been a symbol of freedom, equality 
and opportunity. Our laws should reflect that. Every day that goes by 
could result in the loss of a refugee's support system--I urge my 
colleagues to support this legislation and restore the principles we 
were put here to protect.
                                 ______
                                 
      By Mr. LAUTENBERG (for himself, Mr. Durbin, Mr. Levin, and Mr. 
        Reid):
  S. 2624. A bill to require the United States Trade Representative to 
pursue a complaint of anti-competitive practices against certain oil 
exporting countries; to the Committee on Finance.
  Mr. LAUTENBERG. Mr. President, today I am introducing legislation, 
with Senators Durbin, Levin and Reid, with Congressman DeFazio in the 
House, to bring fairness to the oil markets and do something to reverse 
the recent spikes in gas prices.
  Our legislation will force the United States Trade Representative 
(USTR) to initiate World Trade Organization (WTO) proceedings against 
OPEC nations. Under WTO rules, countries are not permitted to maintain 
export quotas. But OPEC nations actually collude to set such quotas.
  OPEC is an illegal cartel, plain and simple. We've allowed this 
cartel to operate for too long--it's time to put an end to it.
  The American people are feeling the effects of the OPEC cartel every 
day at the gas pumps. Many families are already struggling with lost 
jobs, stagnant wages and the rising costs of

[[Page 14877]]

health care. High gas prices have only made matters worse.
  When President Bush took office, a gallon of gas cost $1.47. Today, a 
gallon of gas averages $1.90. For someone who buys one tank of gas a 
week, that increase costs $350 per year.
  All this adds up. Oil imports now account for $125 billion annually, 
or one-quarter of America's trade deficit. That money could be invested 
here at home to create American jobs, but instead we are being gouged 
by oil exporters.
  While Americans suffer, President Bush has done nothing to bring down 
gas prices. He says he will talk to his Saudi friends in the oil 
business. But talk is cheap. The American people want action. This bill 
today is an opportunity for action.
  I have also released a report today, explaining the basis for a WTO 
complaint against OPEC.
  In some ways, the allegations are simple and straightforward: OPEC 
manipulates world oil markets by imposing export quotas on oil. These 
quotas keep the price of oil artificially high.
  Without OPEC, market analysts have estimated that the free market 
price of a barrel of oil would be around 10 to 15 dollars lower than 
today's price. That would make a difference in gas prices of 20 to 45 
cents per gallon, saving American families hundreds of dollars per 
year. There is no reason to continue to tolerate OPEC's anti-
competitive behavior.
  Collusion to put quotas on oil exports--or any exports--is illegal 
under WTO rules. For example, the WTO has found that a treaty between 
the United States and Japan limiting semiconductor exports violated WTO 
rules.
  The Bush administration has been lax in dealing with OPEC. In my 
view, President Bush's ties to the Saudis and to big oil companies 
prevent him from sticking up for the American consumer.
  Indeed, while the squeeze was being put on American consumers, oil 
companies and refineries reported record profits in the first quarter 
of this year for operations in the United States. Earnings for U.S. 
domestic refining and marketing operations increased by 294 percent for 
Chevron-Texaco, 165 percent for BP, 125 percent for ExxonMobil, and 44 
percent for Conoco-Phillips over last year's levels.
  So while OPEC and their oil company allies have seen a boom, American 
families have seen a bust. In fact, for those middle-income Americans 
who will see any benefit at all from the recent tax cuts, rising gas 
prices alone will eat up half of those cuts.
  Since the Bush administration has failed to live up to its 
responsibilities, it's time for the Congress to stand up for the 
American people and force it to take action against OPEC.
  I urge support of this common-sense legislation, and 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. 2624

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

     SECTION 1. FINDINGS.

       Congress makes the following findings:
       (1) Gasoline prices have risen 80 percent since January, 
     2002, with oil recently trading at more than $40 per barrel 
     for the first time ever.
       (2) Rising gasoline prices have placed an inordinate burden 
     on American families.
       (3) High gasoline prices have hindered and will continue to 
     hinder economic recovery.
       (4) The Organization of Petroleum Exporting Countries 
     (OPEC) has formed a cartel and engaged in anti-competitive 
     practices to manipulate the price of oil, keeping it 
     artificially high.
       (5) Six member nations of OPEC--Indonesia, Kuwait, Nigeria, 
     Qatar, the United Arab Emirates and Venezuela--are also 
     members of the World Trade Organization.
       (6) The agreement among OPEC member nations to limit oil 
     exports is an illegal prohibition or restriction on the 
     exportation or sale for export of a product under Article XI 
     of the GATT 1994.
       (7) The export quotas and resulting high prices harm 
     American families, undermine the American economy, impede 
     American and foreign commerce, and are contrary to the 
     national interests of the United States.

     SEC. 2. ACTIONS TO CURB CERTAIN CARTEL ANTI-COMPETITIVE 
                   PRACTICES.

       (a) Definitions.--
       (1) GATT 1994.--The term ``GATT 1994'' has the meaning 
     given such term in section 2(1)(B) of the Uruguay Round 
     Agreements Act (19 U.S.C. 3501(1)(B).
       (2) Understanding on Rules and Procedures Governing the 
     Settlement of Disputes.--The term ``Understanding on Rules 
     and Procedures Governing the Settlement of Disputes'' means 
     the agreement described in section 101(d)(16) of the Uruguay 
     Round Agreements Act (19 U.S.C. 3511(d)(16)).
       (3) World trade organization.--
       (A) In general.--The term ``World Trade Organization'' 
     means the organization established pursuant to the WTO 
     Agreement.
       (B) WTO agreement.--The term ``WTO Agreement'' means the 
     Agreement Establishing The World Trade Organization entered 
     into on April 15, 1994.
       (b) Action by President.--
       (1) In general.--Notwithstanding any other provision of 
     law, the President shall, not later than 15 days after the 
     date of enactment of this Act, initiate consultations with 
     the countries described in paragraph (2) to seek the 
     elimination by those countries of any action that--
       (A) limits the production or distribution of oil, natural 
     gas, or any other petroleum product,
       (B) sets or maintains the price of oil, natural gas, or any 
     petroleum product, or
       (C) otherwise is an action in restraint of trade with 
     respect to oil, natural gas, or any petroleum product,
     when such action constitutes an act, policy, or practice that 
     is unjustifiable and burdens and restricts United States 
     commerce.
       (2) Countries described.--The countries described in this 
     paragraph are the following:
       (A) Indonesia.
       (B) Kuwait.
       (C) Nigeria.
       (D) Qatar.
       (E) The United Arab Emirates.
       (F) Venezuela.
       (c) Initiation of WTO Dispute Proceedings.--If the 
     consultations described in subsection (b) are not successful 
     with respect to any country described in subsection (b)(2), 
     the United States Trade Representative shall, not later than 
     60 days after the date of enactment of this Act, institute 
     proceedings pursuant to the Understanding on Rules and 
     Procedures Governing the Settlement of Disputes with respect 
     to that country and shall take appropriate action with 
     respect to that country under the trade remedy laws of the 
     United States.
                                 ______
                                 
      By Mr. SMITH (for himself and Mr. Wyden):
  S. 2625. A bill to establish a national demonstration project to 
improve intervention programs for the most disadvantaged children and 
youth, and for other purposes; to the Committee on the Judiciary.
  Mr. SMITH. Mr. President, I rise today with my colleague, Mr. Wyden, 
to introduce the ``Friends of the Children National Demonstration Act'' 
to authorize funding for Friends of the Children.
  Friends of the Children is a promising early intervention program 
established in Portland, Oregon, in 1993. The program identifies the 
most disadvantaged children at the kindergarten or first grade level 
and matches those children with ``professional mentors'' (also known as 
``Friends''). Once matched, professional mentors work with children for 
a period of up to 12 years.
  Started over a decade ago with just three Friends serving as mentors 
to 24 children, Friends of the Children has grown to serve over 600 
children in 11 communities throughout the United States. The mission of 
Friends of the Children is to help our Nation's most disadvantaged 
children to develop the relationships, goals, and skills necessary to 
break the cycles of poverty, abuse, and violence in order to become a 
contributing member of society.
  Extensive research has shown that the single most important factor 
that fosters resiliency in children is having a long-term relationship 
with a caring, supportive adult. Friends of the Children is a unique 
program that provides just such a relationship for disadvantaged 
children.
  In 1993, Friends of the Children welcomed T.R., a first grader, into 
the Portland program. At home, T.R. was routinely exposed to drug use, 
gang activity, and violence. Through the program, T.R. was matched with 
his mentor, Jerrell, to help maintain a support system in T.R.'s life. 
Jerrell tutors, counsels, advises and is a companion to T.R. whether it 
is discussing T.R.'s plans for the future or dealing with his family 
relationships. Without the help of someone like Jerrell, T.R. believes

[[Page 14878]]

that he would probably have dropped out of school or joined a gang. 
Now, T.R. is giving back to his community by working for Self 
Enhancement, Inc., an organization that teaches leadership skills to 
middle school students. T.R. has overcome great adversity to mature 
into a responsible young adult. T.R. aspires to pursue a career in 
business and would like to run his own company one day.
  Last week, T.R. became one of the first students to graduate from the 
Friends of the Children program. Along with his classmates, T.R. was 
identified by the program over a decade ago. He was part of a group of 
children identified as the most in danger of abuse, neglect, juvenile 
delinquency, gang and drug involvement, school failure, and teenage 
pregnancy. Today, these children have grown into young adults. They 
have positive values and show great potential to become healthy, 
productive members of their communities.
  ``The Friends of the Children National Demonstration Act'' will 
establish a national demonstration project to promote learning about 
successful early and sustained childhood intervention programs. This 
bill would authorize funding for Friends of the Children activities and 
local program operations at existing sites including ongoing 
evaluation, and dissemination of findings for the benefit of policy 
makers and other youth programs.
  I look forward to working with my colleagues to enact this bill and 
make a commitment to improving the lives of disadvantaged children and 
youth.
  Mr. WYDEN. Mr. President, I am introducing today, along with my 
colleague, Senator Smith, the ``Friends of the Children National 
Demonstration Act'' to authorize funding for Friends of the Children. 
The companion of this bill is being introduced in the House today by 
Congressman Earl Blumenauer.
  This innovative program is truly a best practice in the field of 
youth development. Friends of the Children was started in Portland, OR, 
and was modeled on extensive research indicating that the strongest 
protective factor for highly disadvantaged children is an on-going 
relationship with a supportive, caring adult. Today, Friends of the 
Children is the only program in the Nation that provides carefully 
screened full-time professional mentors to disadvantaged youth for 12 
years starting in kindergarten or first grade. Friends of the 
Children's first class of students is now graduating. These young 
people have outperformed their peer group of disadvantaged youth in 
every respect. They are in school, have passing grades, have not been 
incarcerated, do not abuse drugs or alcohol, and have not become 
involved in gang violence.
  Let me share the story of one of these friends. In 1993, a first 
grader named Demarcus joined the Friends of the Children-Portland 
program in an attempt to overcome a family history of substance abuse 
and violence. His mother was raising three children as a single parent 
and she was overwhelmed. As a participant in the Friends of the 
Children program, Demarcus was matched with a ``Friend,'' Ruben, who 
has been his mentor for the past eight years. Ruben and Demarcus have 
developed a strong relationship through activities ranging from playing 
basketball to having serious conversations about life and preparing for 
the future. Ruben has helped Demarcus develop anger management skills 
and maturity. While many of Demarcus's friends and family have been 
incarcerated or have been victims of gun violence, Demarcus is a 
success story. Now 17 years old, he is a responsible young man who 
makes good choices and knows that actions have consequences. When he 
graduates from high school, he hopes to work toward becoming a pilot, 
either by joining the military or attending college. Friends of the 
Children mentors have been major supporters of Demarcus and his goal to 
attain higher education. The mentors have helped him grow into the 
focused young adult he is today.
  Last week in Portland, the first class of Friends of the Children, 
including Demarcus, graduated from the program. By all accounts these 
children have beaten the odds and are success stories. Twelve years ago 
these young people were identified by their elementary schools as most 
likely to fail. Today, they are soon-to-be high school graduates.
  Currently, Friends of the Children serves over 600 children in 11 
communities across the United States. ``The Friends of the Children 
National Demonstration Act'' will establish a national demonstration 
project to promote learning about successful early and sustained 
childhood interventions. This bill would authorize funding for Friends 
of the Children activities and local program operations at existing 
sites, ongoing evaluation, and dissemination of findings for the 
benefit of policy makers and other youth-serving programs.
  I look forward to working with my colleagues to pass this bill and 
make a commitment to improving the lives of disadvantaged children and 
youth.
                                 ______
                                 
      By Mr. AKAKA (for himself, Ms. Collins, Mr. Grassley, Mr. Levin, 
        Mr. Leahy, Mr. Durbin, Mr. Fitzgerald, Mr. Pryor, Mr. 
        Voinovich, Mr. Johnson, Mr. Dayton, Mr. Lieberman, and Mr. 
        Lautenberg):
  S. 2628. A bill to amend chapter 23 of title 5, United States Code, 
to clarify the disclosures of information protected from prohibited 
personnel practices, require a statement in nondisclosure policies, 
forms, and agreements that such policies, forms, and agreements conform 
with certain disclosure protections, provide certain authority for the 
Special Counsel, and for other purposes; to the Committee on 
Governmental Affairs.
  Mr. AKAKA. Mr. President, today I rise to introduce the Federal 
Employee's Protection of Disclosures Act. Last year I introduced 
similar legislation, S. 1358, to amend employee safeguards for 
disclosing government waste, fraud, and abuse with the support of 
Senators Grassley, Levin, Leahy, Durbin, Dayton, Pryor, Johnson, and 
Lautenberg.
  Today, I am pleased that we can introduce a strong bipartisan version 
of this legislation with the additional support of Senators Collins, 
Lieberman, Fitzgerald, and Voinovich. Thanks to the work of the bill's 
cosponsors, we have developed legislation that strikes the right 
balance between the protection of Federal whistleblowers and our 
national security.
  As my colleagues know, the events of September 11, 2001, have brought 
renewed attention to the security lapses at our Nation's airports, 
nuclear facilities, borders, and law enforcement agencies. However, in 
many cases, the current whistleblower system fails to protect those who 
would disclose information that could ensure the safety and welfare of 
the American people. As of May 2004, Federal whistleblowers have 
prevailed on the merits of their claims before the Federal Circuit 
Court of Appeals only once since 1994. This record sends the wrong 
message. How can we expect civil servants to protect and defend the 
United States when we permit agencies to retaliate against them for 
doing their job?
  I know the Department of Justice (DOJ) has objected to previous 
legislation concerning this problem. This comes as no surprise as the 
Department has an institutional conflict of interest with restoring 
whistleblower rights as it is charged with defending agencies charged 
with retaliating against the whistleblower. Nonetheless, I have worked 
with my colleagues on the Governmental Affairs Committee to address 
some the concerns raised by the Justice Department while still 
protecting federal employees.
  One of the most significant changes in the bill relates to the 
protection of employees who find their security clearances stripped as 
a means of retaliation for blowing the whistle. Current law does not 
permit the whistleblower to have his or her case heard by an 
independent adjudicator when this type of retaliation occurs.
  Under our bill, the whistleblower would be able to bring a case 
before the Merit Systems Protection Board (MSPB) on an expedited basis 
when the employing agency revokes, suspends, denies, or makes another 
determination in relation to an employee's security clearance or access 
to classified

[[Page 14879]]

materials. However, the employing agency need only prove by a 
preponderance of the evidence that it would have taken the action 
against the employee irrespective the whistleblower's disclosure. By 
lowering the burden of proof for the employing agency from clear and 
convincing, as is the standard with other whistleblower cases, to 
preponderance of the evidence, our legislation strikes a balance 
between having an open and transparent process for whistleblowers and 
the need to make security clearance or access determinations in the 
interests of national security.
  The Department of Justice was also concerned with a provision in the 
prior bill, S. 1358, which granted independent litigating authority to 
the Special Counsel. In testimony before the Governmental Affairs 
Committee last November, the Department claimed that extending this 
authority to the Special Counsel would usurp DOJ's traditional unifying 
role as the Executive Branch's representative in court. The Department 
also claimed that the provision would undermine a number of important 
policy goals, including the presentation of uniform positions on 
significant legal issues and the objective litigation of cases by 
attorneys unaffected by concerns of a single agency that may be 
inimical to the interests of the Government as a whole.
  However, many agencies have independent litigating authority, 
including the Equal Employment Opportunity Commission, the MSPB, the 
Environmental Protection Agency, and the Federal Labor Relations 
Authority. Moreover, interagency disputes are not unique. It is 
inappropriate for the Office of Special Counsel (OSC), the agency 
charged with protecting the Whistleblower Protection Act (WPA), to seek 
approval from DOJ, the agency charged with protecting agencies alleged 
to have retaliated against whistleblowers, in order to carry out its 
mission. Nonetheless, our bill would not provide the Special Counsel 
with independent litigating authority but rather provide it with 
independent authority to file amicus briefs with federal courts. This 
authority will allow the Special Counsel to protect the WPA while 
addressing concerns raised by the Justice Department.
  In addition, our compromise measure would still provide protection to 
whistleblowers subject to retaliatory investigations, but not for 
routine or non-discretionary investigations of the employee and codify 
the definition of reasonable belief an employee must have in order to 
determine when an employee has made a protected disclosure. I am 
pleased that our new bill, among other things, retains language 
restoring congressional intent regarding the definition of a protected 
disclosure, codifying the anti-gag provision that has been in every 
appropriations law since 1988, and establishing a more reasonable test 
for determining government mismanagement instead of irrefragable proof. 
According to the Federal Circuit, in order to determine that the 
federal government has engaged in gross mismanagement, the 
whistleblower must have irrefragable proof, meaning proof impossible to 
refute.
  The bill also retains language, subject to a five-year sunset, 
providing whistleblowers the opportunity to have their cases heard by 
federal courts other than the Federal Circuit Court of Appeals. These 
provisions are necessary to facilitate disclosures of government 
mismanagement in order for Congress to do its job and make informed 
decisions when carrying out its legislative, appropriation, and 
oversight functions for the protection the American people.
  Our government is responsible for services and programs that touch 
all Americans. The Federal employees who carry out these 
responsibilities on behalf of the American people must be able to 
communicate with Congress without fear of losing their jobs when 
reporting threats to public health and safety and government 
mismanagement. We must have a credible and functioning WPA. I urge my 
colleagues to support this bipartisan bill and ensure real protection 
for Federal whistleblowers.
  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. 2628

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

     SECTION 1. PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION 
                   BY FEDERAL EMPLOYEES.

       (a) Short Title.--This Act may be cited as the ``Federal 
     Employee Protection of Disclosures Act''.
       (b) Clarification of Disclosures Covered.--Section 
     2302(b)(8) of title 5, United States Code, is amended--
       (1) in subparagraph (A)--
       (A) by striking ``which the employee or applicant 
     reasonably believes evidences'' and inserting ``, without 
     restriction to time, place, form, motive, context, or prior 
     disclosure made to any person by an employee or applicant, 
     including a disclosure made in the ordinary course of an 
     employee's duties, that the employee or applicant reasonably 
     believes is evidence of''; and
       (B) in clause (i), by striking ``a violation'' and 
     inserting ``any violation'';
       (2) in subparagraph (B)--
       (A) by striking ``which the employee or applicant 
     reasonably believes evidences'' and inserting ``, without 
     restriction to time, place, form, motive, context, or prior 
     disclosure made to any person by an employee or applicant, 
     including a disclosure made in the ordinary course of an 
     employee's duties, of information that the employee or 
     applicant reasonably believes is evidence of''; and
       (B) in clause (i), by striking ``a violation'' and 
     inserting ``any violation (other than a violation of this 
     section)''; and
       (3) by adding at the end the following:
       ``(C) any disclosure that--
       ``(i) is made by an employee or applicant of information 
     required by law or Executive order to be kept secret in the 
     interest of national defense or the conduct of foreign 
     affairs that the employee or applicant reasonably believes is 
     direct and specific evidence of--

       ``(I) any violation of any law, rule, or regulation;
       ``(II) gross mismanagement, a gross waste of funds, an 
     abuse of authority, or a substantial and specific danger to 
     public health or safety; or
       ``(III) a false statement to Congress on an issue of 
     material fact; and

       ``(ii) is made to--

       ``(I) a member of a committee of Congress having a primary 
     responsibility for oversight of a department, agency, or 
     element of the Federal Government to which the disclosed 
     information relates and who is authorized to receive 
     information of the type disclosed;
       ``(II) any other Member of Congress who is authorized to 
     receive information of the type disclosed; or
       ``(III) an employee of Congress who has the appropriate 
     security clearance and is authorized to receive information 
     of the type disclosed.''.

       (c) Covered Disclosures.--Section 2302(a)(2) of title 5, 
     United States Code, is amended--
       (1) in subparagraph (B)(ii), by striking ``and'' at the 
     end;
       (2) in subparagraph (C)(iii), by striking the period at the 
     end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) `disclosure' means a formal or informal communication 
     or transmission, but does not include a communication 
     concerning policy decisions that lawfully exercise 
     discretionary authority unless the employee providing the 
     disclosure reasonably believes that the disclosure 
     evidences--
       ``(i) any violation of any law, rule, or regulation; or
       ``(ii) gross management, a gross waste of funds, an abuse 
     of authority, or a substantial and specific danger to public 
     health or safety.''.
       (d) Rebuttable Presumption.--Section 2302(b) of title 5, 
     United States Code, is amended by amending the matter 
     following paragraph (12) to read as follows:

     ``This subsection shall not be construed to authorize the 
     withholding of information from Congress or the taking of any 
     personnel action against an employee who discloses 
     information to Congress, except that an employee or applicant 
     may be disciplined for the disclosure of information 
     described in paragraph (8)(C)(i) to a Member or employee of 
     Congress who is not authorized to receive such information. 
     For purposes of paragraph (8), any presumption relating to 
     the performance of a duty by an employee who has authority to 
     take, direct others to take, recommend, or approve any 
     personnel action may be rebutted by substantial evidence. For 
     purposes of paragraph (8), a determination as to whether an 
     employee or applicant reasonably believes that they have 
     disclosed information that evidences any violation of law, 
     rule, regulation, gross mismanagement, a gross waste of 
     funds, an abuse of authority, or a substantial and specific 
     danger to public health or safety shall be made by 
     determining whether a disinterested observer with knowledge 
     of the essential facts known to and readily ascertainable by 
     the employee would reasonably conclude that the actions of 
     the Government evidence such violations, mismanagement, 
     waste, abuse, or danger.''.

[[Page 14880]]

       (e) Nondisclosure Policies, Forms, and Agreements; Security 
     Clearances; and Retaliatory Investigations.--
       (1) Personnel action.--Section 2302(a)(2)(A) of title 5, 
     United States Code, is amended--
       (A) in clause (x), by striking ``and'' after the semicolon; 
     and
       (B) by redesignating clause (xi) as clause (xiv) and 
     inserting after clause (x) the following:
       ``(xi) the implementation or enforcement of any 
     nondisclosure policy, form, or agreement;
       ``(xii) a suspension, revocation, or other determination 
     relating to a security clearance or any other access 
     determination by a covered agency;
       ``(xiii) an investigation, other than any ministerial or 
     nondiscretionary fact finding activities necessary for the 
     agency to perform its mission, of an employee or applicant 
     for employment because of any activity protected under this 
     section; and''.
       (2) Prohibited personnel practice.--Section 2302(b) of 
     title 5, United States Code, is amended--
       (A) in paragraph (11), by striking ``or'' at the end;
       (B) in paragraph (12), by striking the period and inserting 
     a semicolon; and
       (C) by inserting after paragraph (12) the following:
       ``(13) implement or enforce any nondisclosure policy, form, 
     or agreement, if such policy, form, or agreement does not 
     contain the following statement:
       ```These provisions are consistent with and do not 
     supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12958; section 7211 of title 5, United States Code 
     (governing disclosures to Congress); section 1034 of title 
     10, United States Code (governing disclosure to Congress by 
     members of the military); section 2302(b)(8) of title 5, 
     United States Code (governing disclosures of illegality, 
     waste, fraud, abuse, or public health or safety threats); the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents); and the statutes which 
     protect against disclosures that could compromise national 
     security, including sections 641, 793, 794, 798, and 952 of 
     title 18, United States Code, and section 4(b) of the 
     Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)). 
     The definitions, requirements, obligations, rights, 
     sanctions, and liabilities created by such Executive order 
     and such statutory provisions are incorporated into this 
     agreement and are controlling.'; or
       ``(14) conduct, or cause to be conducted, an investigation, 
     other than any ministerial or nondiscretionary fact finding 
     activities necessary for the agency to perform its mission, 
     of an employee or applicant for employment because of any 
     activity protected under this section.''.
       (3) Board and court review of actions relating to security 
     clearances.--
       (A) In general.--Chapter 77 of title 5, United States Code, 
     is amended by inserting after section 7702 the following:

     ``Sec. 7702a. Actions relating to security clearances

       ``(a) In any appeal relating to the suspension, revocation, 
     or other determination relating to a security clearance or 
     access determination, the Merit Systems Protection Board or 
     any reviewing court--
       ``(1) shall determine whether paragraph (8) or (9) of 
     section 2302(b) was violated;
       ``(2) may not order the President or the designee of the 
     President to restore a security clearance or otherwise 
     reverse a determination of clearance status or reverse an 
     access determination; and
       ``(3) subject to paragraph (2), may issue declaratory 
     relief and any other appropriate relief.
       ``(b)(1) If, in any final judgment, the Board or court 
     declares that any suspension, revocation, or other 
     determination with regards to a security clearance or access 
     determination was made in violation of paragraph (8) or (9) 
     of section 2302(b), the affected agency shall conduct a 
     review of that suspension, revocation, access determination, 
     or other determination, giving great weight to the Board or 
     court judgment.
       ``(2) Not later than 30 days after any Board or court 
     judgment declaring that a security clearance suspension, 
     revocation, access determination, or other determination was 
     made in violation of paragraph (8) or (9) of section 2302(b), 
     the affected agency shall issue an unclassified report to the 
     congressional committees of jurisdiction (with a classified 
     annex if necessary), detailing the circumstances of the 
     agency's security clearance suspension, revocation, other 
     determination, or access determination. A report under this 
     paragraph shall include any proposed agency action with 
     regards to the security clearance or access determination.
       ``(c) An allegation that a security clearance or access 
     determination was revoked or suspended in retaliation for a 
     protected disclosure shall receive expedited review by the 
     Office of Special Counsel, the Merit Systems Protection 
     Board, and any reviewing court.
       ``(d) For purposes of this section, corrective action may 
     not be ordered if the agency demonstrates by a preponderance 
     of the evidence that it would have taken the same personnel 
     action in the absence of such disclosure.''.
       (B) Technical and conforming amendment.--The table of 
     sections for chapter 77 of title 5, United States Code, is 
     amended by inserting after the item relating to section 7702 
     the following:

``7702a. Actions relating to security clearances.''.

       (f) Exclusion of Agencies by the President.--Section 
     2302(a)(2)(C) of title 5, United States Code, is amended by 
     striking clause (ii) and inserting the following:
       ``(ii)(I) the Federal Bureau of Investigation, the Central 
     Intelligence Agency, the Defense Intelligence Agency, the 
     National Imagery and Mapping Agency, the National Security 
     Agency; and
       ``(II) as determined by the President, any executive agency 
     or unit thereof the principal function of which is the 
     conduct of foreign intelligence or counterintelligence 
     activities, if the determination (as that determination 
     relates to a personnel action) is made before that personnel 
     action; or''.
       (g) Attorney Fees.--Section 1204(m)(1) of title 5, United 
     States Code, is amended by striking ``agency involved'' and 
     inserting ``agency where the prevailing party is employed or 
     has applied for employment''.
       (h) Disciplinary Action.--Section 1215(a)(3) of title 5, 
     United States Code, is amended to read as follows:
       ``(3)(A) A final order of the Board may impose--
       ``(i) disciplinary action consisting of removal, reduction 
     in grade, debarment from Federal employment for a period not 
     to exceed 5 years, suspension, or reprimand;
       ``(ii) an assessment of a civil penalty not to exceed 
     $1,000; or
       ``(iii) any combination of disciplinary actions described 
     under clause (i) and an assessment described under clause 
     (ii).
       ``(B) In any case in which the Board finds that an employee 
     has committed a prohibited personnel practice under paragraph 
     (8) or (9) of section 2302(b), the Board shall impose 
     disciplinary action if the Board finds that the activity 
     protected under paragraph (8) or (9) of section 2302(b) was a 
     significant motivating factor, even if other factors also 
     motivated the decision, for the employee's decision to take, 
     fail to take, or threaten to take or fail to take a personnel 
     action, unless that employee demonstrates, by preponderance 
     of evidence, that the employee would have taken, failed to 
     take, or threatened to take or fail to take the same 
     personnel action, in the absence of such protected 
     activity.''.
       (i) Special Counsel Amicus Curiae Appearance.--Section 1212 
     of title 5, United States Code, is amended by adding at the 
     end the following:
       ``(h)(1) The Special Counsel is authorized to appear as 
     amicus curiae in any action brought in a court of the United 
     States related to any civil action brought in connection with 
     section 2302(b)(8) or (9), or subchapter III of chapter 73, 
     or as otherwise authorized by law. In any such action, the 
     Special Counsel is authorized to present the views of the 
     Special Counsel with respect to compliance with section 
     2302(b) (8) or (9) or subchapter III of chapter 77 and the 
     impact court decisions would have on the enforcement of such 
     provisions of law.
       ``(2) A court of the United States shall grant the 
     application of the Special Counsel to appear in any such 
     action for the purposes described in subsection (a).''.
       (j) Judicial Review.--
       (1) In general.--Section 7703(b)(1) of title 5, United 
     States Code, is amended to read as follows:
       ``(b)(1)(A) Except as provided in subparagraph (B) and 
     paragraph (2), a petition to review a final order or final 
     decision of the Board shall be filed in the United States 
     Court of Appeals for the Federal Circuit. Notwithstanding any 
     other provision of law, any petition for review must be filed 
     within 60 days after the date the petitioner received notice 
     of the final order or decision of the Board.
       ``(B) During the 5-year period beginning on the effective 
     date of the Federal Employee Protection of Disclosures Act, a 
     petition to review a final order or final decision of the 
     Board in a case alleging a violation of paragraph (8) or (9) 
     of section 2302(b) shall be filed in the United States Court 
     of Appeals for the Federal Circuit or any court of appeals of 
     competent jurisdiction as provided under subsection 
     (b)(2).''.
       (2) Review obtained by office of personnel management.--
     Section 7703(d) of title 5, United States Code, is amended to 
     read as follows:
       ``(d)(1) Except as provided under paragraph (2), this 
     paragraph shall apply to any review obtained by the Director 
     of the Office of Personnel Management. The Director of the 
     Office of Personnel Management may obtain review of any final 
     order or decision of the Board by filing, within 60 days 
     after the date the Director received notice of the final 
     order or decision of the Board, a petition for judicial 
     review in the United States Court of Appeals for the Federal 
     Circuit if the Director determines, in his discretion, that 
     the Board erred in interpreting a civil service law, rule, or 
     regulation affecting personnel management and that the 
     Board's decision

[[Page 14881]]

     will have a substantial impact on a civil service law, rule, 
     regulation, or policy directive. If the Director did not 
     intervene in a matter before the Board, the Director may not 
     petition for review of a Board decision under this section 
     unless the Director first petitions the Board for a 
     reconsideration of its decision, and such petition is denied. 
     In addition to the named respondent, the Board and all other 
     parties to the proceedings before the Board shall have the 
     right to appear in the proceeding before the Court of 
     Appeals. The granting of the petition for judicial review 
     shall be at the discretion of the Court of Appeals.
       ``(2) During the 5-year period beginning on the effective 
     date of the Federal Employee Protection of Disclosures Act, 
     this paragraph shall apply to any review relating to 
     paragraph (8) or (9) of section 2302(b) obtained by the 
     Director of the Office of Personnel Management. The Director 
     of the Office of Personnel Management may obtain review of 
     any final order or decision of the Board by filing, within 60 
     days after the date the Director received notice of the final 
     order or decision of the Board, a petition for judicial 
     review in the United States Court of Appeals for the Federal 
     Circuit or any court of appeals of competent jurisdiction as 
     provided under subsection (b)(2) if the Director determines, 
     in his discretion, that the Board erred in interpreting 
     paragraph (8) or (9) of section 2302(b). If the Director did 
     not intervene in a matter before the Board, the Director may 
     not petition for review of a Board decision under this 
     section unless the Director first petitions the Board for a 
     reconsideration of its decision, and such petition is denied. 
     In addition to the named respondent, the Board and all other 
     parties to the proceedings before the Board shall have the 
     right to appear in the proceeding before the court of 
     appeals. The granting of the petition for judicial review 
     shall be at the discretion of the Court of Appeals.''.
       (k) Nondisclosure Policies, Forms, and Agreements.--
       (1) In general.--
       (A) Requirement.--Each agreement in Standard Forms 312 and 
     4414 of the Government and any other nondisclosure policy, 
     form, or agreement of the Government shall contain the 
     following statement: ``These restrictions are consistent with 
     and do not supersede, conflict with, or otherwise alter the 
     employee obligations, rights, or liabilities created by 
     Executive Order No. 12958; section 7211 of title 5, United 
     States Code (governing disclosures to Congress); section 1034 
     of title 10, United States Code (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code (governing disclosures of 
     illegality, waste, fraud, abuse or public health or safety 
     threats); the Intelligence Identities Protection Act of 1982 
     (50 U.S.C. 421 et seq.) (governing disclosures that could 
     expose confidential Government agents); and the statutes 
     which protect against disclosure that may compromise the 
     national security, including sections 641, 793, 794, 798, and 
     952 of title 18, United States Code, and section 4(b) of the 
     Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
     definitions, requirements, obligations, rights, sanctions, 
     and liabilities created by such Executive order and such 
     statutory provisions are incorporated into this agreement and 
     are controlling.''.
       (B) Enforceability.--Any nondisclosure policy, form, or 
     agreement described under subparagraph (A) that does not 
     contain the statement required under subparagraph (A) may not 
     be implemented or enforced to the extent such policy, form, 
     or agreement is inconsistent with that statement.
       (2) Persons other than government employees.--
     Notwithstanding paragraph (1), a nondisclosure policy, form, 
     or agreement that is to be executed by a person connected 
     with the conduct of an intelligence or intelligence-related 
     activity, other than an employee or officer of the United 
     States Government, may contain provisions appropriate to the 
     particular activity for which such document is to be used. 
     Such form or agreement shall, at a minimum, require that the 
     person will not disclose any classified information received 
     in the course of such activity unless specifically authorized 
     to do so by the United States Government. Such nondisclosure 
     forms shall also make it clear that such forms do not bar 
     disclosures to Congress or to an authorized official of an 
     executive agency or the Department of Justice that are 
     essential to reporting a substantial violation of law.
       (l) Clarification of Whistleblower Rights for Critical 
     Infrastructure Information.--Section 214(c) of the Homeland 
     Security Act of 2002 (Public Law 107-296) is amended by 
     adding at the end the following: ``For purposes of this 
     section a permissible use of independently obtained 
     information includes the disclosure of such information under 
     section 2302(b)(8) of title 5, United States Code.''.
       (m) Advising Employees of Rights.--Section 2302(c) of title 
     5, United States Code, is amended by inserting ``, including 
     how to make a lawful disclosure of information that is 
     specifically required by law or Executive order to be kept 
     secret in the interest of national defense or the conduct of 
     foreign affairs to the Special Counsel, the Inspector General 
     of an agency, Congress, or other agency employee designated 
     to receive such disclosures'' after ``chapter 12 of this 
     title''.
       (n) Scope of Due Process.--
       (1) Special counsel.--Section 1214(b)(4)(B)(ii) of title 5, 
     United States Code, is amended by inserting ``, after a 
     finding that a protected disclosure was a contributing 
     factor,'' after ``ordered if''.
       (2) Individual action.--Section 1221(e)(2) of title 5, 
     United States Code, is amended by inserting ``, after a 
     finding that a protected disclosure was a contributing 
     factor,'' after ``ordered if''.
       (o) Effective Date.--This Act shall take effect 30 days 
     after the date of enactment of this Act.
                                 ______
                                 
      By Ms. COLLINS (for herself and Mr. Lieberman):
  S. 2635. A bill to establish an intergovernmental grant program to 
identify and develop homeland security information, equipment, 
capabilities, technologies, and services to further the homeland 
security needs of Federal, State, and local governments; to the 
Committee on Governmental Affairs.
  Ms. COLLINS. Mr. President, the United States and Israel share a 
strong and enduring friendship. We also share the threat of terrorist 
attacks against our citizens. Yet, while terrorism within our borders 
is relatively new to us, Israelis have confronted this danger for 
decades. Israel's long history of fighting terrorism has spurred 
Israeli businesses, researchers and academics to develop highly 
sophisticated homeland security technologies, particularly in the 
fields of border integrity, transportation security, and first 
responder equipment. As the United States pursues new approaches to 
protecting our Nation, it only makes sense to look to Israel's 
extensive expertise in this area.
  This is why I am introducing legislation with Senator Lieberman to 
establish a program to provide funds to eligible joint ventures between 
American firms and businesses in countries such as Israel that are 
already highly focused on the homeland security issue and have 
demonstrated the capacity for fruitful cooperation with America in the 
area of counterterrorism.
  This program will act as a revolving fund to develop new homeland 
security technologies. As these technologies are deployed and become 
profitable, the businesses that developed them will be required to 
repay the program for the amount of the funds. This requirement, which 
has worked for similar existing programs, will help sustain the 
availability of funds for future funds.
  The program will be managed by the Department of Homeland Security. 
It will dedicate $25 million toward these joint ventures that develop, 
manufacture, sell, or otherwise provide products and services with 
applications related to homeland security.
  This legislation will build upon a number of other highly successful 
public-private partnerships between businesses in the United States and 
those located in countries such as Israel. Since its founding in 1977, 
the Bi-National Industrial Research and Development Foundation (BIRD) 
has created numerous research and development partnerships between 
American and Israeli businesses. The BIRD Foundation has invested $180 
million in 600 projects during the past 27 years. Similar partnerships 
also exist in the development of agricultural, defense, 
telecommunications, and other technologies. This record demonstrates 
the potential of a similar binational foundation in the area of 
homeland security.
  As recent international events have demonstrated, the fight against 
terrorism knows no borders. This legislation will enable our Nation to 
deploy the highest quality and most innovative tools to improve our 
homeland security. I ask you to join me in supporting this effort to 
enhance our Nation's fight against terrorism.

[[Page 14882]]



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