[Congressional Record Volume 150, Number 93 (Thursday, July 8, 2004)]
[Senate]
[Pages S7829-S7842]
From the Congressional Record Online through the 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.
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.
[[Page S7830]]
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 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--
[[Page S7831]]
(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--
(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.);
[[Page S7832]]
(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 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
[[Page S7833]]
(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
(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
[[Page S7834]]
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 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
[[Page S7835]]
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 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
[[Page S7836]]
(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 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.
[[Page S7837]]
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 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:
[[Page S7838]]
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
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
[[Page S7839]]
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 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
[[Page S7840]]
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.''.
(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
[[Page S7841]]
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 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''.
[[Page S7842]]
(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.
____________________