datamatters24/research-document-archive huggingface dataset:
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HR 1584 EAS
SEC. 2. FINDINGS.
Congress finds the following:
(1) Funds derived from the sale of rough dia-
monds are being used by rebels and state actors to fi-
nance military activities, overthrow legitimate gov-
ernments, subvert international efforts to promote
peace and stability, and commit horrifying atrocities
against unarmed civilians. During the past decade,
more than 6,500,000 people from Sierra Leone, An-
gola, and the Democratic Republic of the Congo have
been driven from their homes by wars waged in large
part for control of diamond mining areas. A million
of these are refugees eking out a miserable existence
in neighboring countries, and tens of thousands have
fled to the United States. Approximately 3,700,000
people have died during these wars.
(2) The countries caught in this fighting are
home to nearly 70,000,000 people whose societies have
been torn apart not only by fighting but also by ter-
rible human rights violations.
(3) Human rights and humanitarian advocates,
the diamond trade as represented by the World Dia-
mond Council, and the United States Government
have been working to block the trade in conflict dia-
monds. Their efforts have helped to build a consensus
HR 1582 IH1S 
cost per line for such wire center exceeds 3.75 times 
the national average cost per line. 
‘‘(2) HOLD
HARMLESS
SUPPORT.—In imple-
menting this subsection, the Commission shall pro-
vide support for each State equal to the greater of—
‘‘(A) the amount calculated under the 
Commission’s support mechanism for high cost 
areas as in effect on the date of the enactment 
of this subsection; or 
‘‘(B) the amount calculated pursuant to 
paragraph (1). 
‘‘(3) LIMITATION
ON
SUPPORT
TO
BE
PRO-
VIDED.—Notwithstanding paragraph (2)—
‘‘(A) no State shall receive support that 
exceeds 5 percent of the total support cal-
culated under the Commission’s support mecha-
nism for high cost areas as in effect on such 
date of enactment; and 
‘‘(B) the total amount of support for all 
States shall not exceed the total support cal-
culated under the Commission’s support mecha-
nism for high cost areas as in effect on such 
date of enactment. 
The limitations in subparagraphs (A) and (B) shall 
not be construed to preclude fluctuations in support
HR 1582 IH1S 
on the basis of changes in the data used to make 
such calculations. 
‘‘(4) IMPLEMENTATION.—Not later than 180 
days after the date of the enactment of this sub-
section, the Commission shall complete the actions 
(including prescribing or amending regulations) nec-
essary to implement the requirements of this sub-
section. 
‘‘(5) DEFINITION.—For purposes of this sub-
section, the term ‘Commission’s support mechanism 
for high cost areas’ means section 54.309 of the 
Commission’s regulations (47 CFR 54.309), and 
regulations referred to in such section.’’. 
SEC. 4. GAO REPORT ON NEED TO REFORM HIGH COST 
SUPPORT MECHANISM. 
Not later than one year after the date of enactment 
of this Act, the Comptroller General shall report to Con-
gress on the need to reform the high cost support mecha-
nism for rural, insular, and high cost areas. As part of 
this report, the General Accounting Office shall provide 
an overview and discuss whether—
(1) existing Federal and State high cost sup-
port mechanisms ensure rate comparability between 
urban and rural areas;
HR 1582 IH1S 
(2) the Federal Communications Commission 
and the States have taken the necessary steps to re-
move implicit support; 
(3) the existing high cost support mechanism 
has affected the development of local competition in 
urban and rural areas; and 
(4) amendments to section 254 of such Act are 
necessary to preserve and advance universal service. 
SEC. 5. NO EFFECT ON RURAL TELEPHONE COMPANIES. 
Nothing in this Act shall be construed to affect the 
support provided to an eligible telecommunications carrier 
under section 214(e) of the Communications Act of 1934 
(47 U.S.C. 214(e)) that is a rural telephone company (as 
defined in section 3 of such Act (47 U.S.C. 153)).
Æ
I 
108TH CONGRESS 
1ST SESSION H. R. 1583
To amend the Occupational Safety and Health Act of 1970 to provide for 
adjudicative improvement, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 3, 2003
Mr. NORWOOD (for himself, Mr. BOEHNER, Mrs. BIGGERT, Mr. BALLENGER, 
Mr. HOEKSTRA, Mr. KELLER, Mr. KLINE, Mrs. BLACKBURN, and Mr. 
ISAKSON) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce 
A BILL 
To amend the Occupational Safety and Health Act of 1970 
to provide for adjudicative improvement, and for other 
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Occupational Safety 
and Health Fairness Act of 2003’’. 
SEC. 2. CONTESTING CITATIONS UNDER THE OCCUPA-
TIONAL SAFETY AND HEALTH ACT. 
(a) CITATION.—The second sentence of section 10(a) 
of the Occupational Safety and Health Act of 1970 (29
U.S.C. 659(a)) is amended by inserting ‘‘(unless such fail-
ure results from mistake, inadvertence, surprise, or excus-
able neglect)’’ after ‘‘assessment of penalty’’. 
(b) FAILURE TO CORRECT.—The second sentence of 
section 10(b) of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 659(b)) is amended by inserting ‘‘(un-
less such failure results from mistake, inadvertence, sur-
prise, or excusable neglect)’’ after ‘‘assessment of pen-
alty’’. 
SEC. 3. WILLFUL VIOLATIONS. 
Section 17(a) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666(a)) is amended by inserting 
at the end, ‘‘A violation is willful only if the employer (1) 
knew that the alleged condition violated a standard, rule, 
order or regulation and, without a good faith belief in the 
legality in its conduct, knowingly disregarded the require-
ment of the standard, rule, order, or regulation, or (2) 
knew that employees were, or that it was reasonably pre-
dictable that employees would be, exposed to a hazard 
causing or likely to cause death or serious physical injury 
and recklessly disregarded the exposure of employees to 
that hazard.’’. 
SEC. 4. FAIRNESS OF PENALTY ASSESSMENT 
Section 17(j) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666(j)) is amended—
†
HR 1584 EAS
that action is urgently needed to end the trade in con-
flict diamonds.
(4) The United Nations Security Council has
acted at various times under chapter VII of the Char-
ter of the United Nations to address threats to inter-
national peace and security posed by conflicts linked
to diamonds. Through these actions, it has prohibited
all states from exporting weapons to certain countries
affected by such conflicts. It has further required all
states to prohibit the direct and indirect import of
rough diamonds from Sierra Leone unless the dia-
monds are controlled under specified certificate of ori-
gin regimes and to prohibit absolutely the direct and
indirect import of rough diamonds from Liberia.
(5) In response, the United States implemented
sanctions restricting the importation of rough dia-
monds from Sierra Leone to those diamonds accom-
panied by specified certificates of origin and fully
prohibiting the importation of rough diamonds from
Liberia. The United States is now taking further ac-
tion against trade in conflict diamonds.
(6) Without effective action to eliminate trade in
conflict diamonds, the trade in legitimate diamonds
faces the threat of a consumer backlash that could
damage the economies of countries not involved in the
†
376
HR 1588 EAS/PP
‘‘(F) the appointee to the position was not a De-
partment of Defense employee before the date of the
enactment of the National Defense Authorization Act
for Fiscal Year 2004;
‘‘(G) the total annual compensation for the ap-
pointee to the position does not exceed the highest
total annual compensation payable at the rate deter-
mined under section 104 of title 3; and
‘‘(H) the position is excluded from collective bar-
gaining units.
‘‘(3) The authority under this subsection may be exer-
cised without regard to—
‘‘(A) subsection (a);
‘‘(B) the provisions of title 5 governing appoint-
ments in the competitive service or the Senior Execu-
tive Service; and
‘‘(C) chapters 51 and 53 of title 5, relating to
classification and pay rates.
‘‘(4) The authority under this subsection may not be
exercised after the date that is 10 years after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2004.
‘‘(5) For so long as a person continues to serve without
a break in service in a position to which appointed under
this subsection, the expiration of authority under this sub-
HR 1584 RDS 
(1) The Secretary of the Treasury and the Sec-
retary of State, to serve as co-chairpersons. 
(2) The Secretary of Commerce. 
(3) The United States Trade Representative. 
(4) The Secretary of Homeland Security. 
(5) A representative of any other agency the 
President deems appropriate. 
SEC. 12. REPORTS. 
(a) ANNUAL REPORTS.—Not later than 1 year after 
the date of the enactment of this Act and every 12 months 
thereafter for such period as this Act is in effect, the 
President shall transmit to the Congress a report—
(1) describing actions taken by countries that 
have exported rough diamonds to the United States 
during the preceding 12-month period to control the 
exportation of the diamonds through the Kimberley 
Process Certification Scheme; 
(2) describing whether there is statistical infor-
mation or other evidence that would indicate efforts 
to circumvent the Kimberley Process Certification 
Scheme, including cutting rough diamonds for the 
purpose of circumventing the Kimberley Process 
Certification Scheme; 
(3) identifying each country that, during the 
preceding 12-month period, exported rough dia-
†
HR 1584 EAS
agencies of the United States Government as the President
deems appropriate.
SEC. 15. EFFECTIVE DATE.
This Act shall take effect on the date on which the
President certifies to the Congress that—
(1) an applicable waiver that has been granted
by the World Trade Organization is in effect; or
(2) an applicable decision in a resolution adopt-
ed by the United Nations Security Council pursuant
to Chapter VII of the Charter of the United Nations
is in effect.
This Act shall thereafter remain in effect during those peri-
ods in which, as certified by the President to the Congress,
an applicable waiver or decision referred to in paragraph
(1) or (2) is in effect.
Attest:
Secretary.
HR 1584 RDS 
monds to the United States and was exporting rough 
diamonds not controlled through the Kimberley 
Process Certification Scheme, if the failure to do so 
has significantly increased the likelihood that those 
diamonds not so controlled are being imported into 
the United States; and 
(4) identifying any problems or obstacles en-
countered in the implementation of this Act or the 
Kimberly Process Certification Scheme. 
(b) SEMIANNUAL REPORTS.—For each country iden-
tified in subsection (a)(3), the President, during such pe-
riod as this Act is in effect, shall, every 6 months after 
the initial report in which the country was identified, 
transmit to the Congress a report that explains what ac-
tions have been taken by the United States or such coun-
try since the previous report to ensure that diamonds the 
exportation of which was not controlled through the Kim-
berley Process Certification Scheme are not being im-
ported from that country into the United States. The re-
quirement to issue a semiannual report with respect to a 
country under this subsection shall remain in effect until 
such time as the country is controlling the importation and 
exportation of rough diamonds through the Kimberley 
Process Certification Scheme.
HR 1584 RDS 
SEC. 13. GAO REPORT. 
Not later than 24 months after the effective date of 
this Act, the Comptroller General of the United States 
shall transmit a report to the Congress on the effective-
ness of the provisions of this Act in preventing the impor-
tation or exportation of rough diamonds that is prohibited 
under section 4. The Comptroller General shall include in 
the report any recommendations on any modifications to 
this Act that may be necessary. 
SEC. 14. DELEGATION OF AUTHORITIES. 
The President may delegate the duties and authori-
ties under this Act to such officers, officials, departments, 
or agencies of the United States Government as the Presi-
dent deems appropriate. 
SEC. 15. EFFECTIVE DATE. 
This Act shall take effect on the date on which the 
President certifies to the Congress that—
(1) an applicable waiver that has been granted 
by the World Trade Organization is in effect; or 
(2) an applicable decision in a resolution adopt-
ed by the United Nations Security Council pursuant 
to Chapter VII of the Charter of the United Nations 
is in effect. 
This Act shall thereafter remain in effect during those pe-
riods in which, as certified by the President to the Con-
SEC. 13. GAO REPORT.
Not later than 24 months after the effective date of
this Act, the Comptroller General of the United States
shall transmit a report to the Congress on the effective-
ness of the provisions of this Act in preventing the impor-
tation or exportation of rough diamonds that is prohibited
under section 4. The Comptroller General shall include in
the report any recommendations on any modifications to
this Act that may be necessary.
SEC. 14. DELEGATION OF AUTHORITIES.
The President may delegate the duties and authori-
ties under this Act to such officers, officials, departments,
or agencies of the United States Government as the Presi-
dent deems appropriate.
SEC. 15. EFFECTIVE DATE.
This Act shall take effect on the date on which the
President certifies to the Congress that—
(1) an applicable waiver that has been granted
by the World Trade Organization is in effect; or
(2) an applicable decision in a resolution adopt-
ed by the United Nations Security Council pursuant
to Chapter VII of the Charter of the United Nations
is in effect.
This Act shall thereafter remain in effect during those pe-
riods in which, as certified by the President to the Con-
gress, an applicable waiver or decision referred to in para-
graph (1) or (2) is in effect.
Passed the House of Representatives April 8, 2003.
Attest:
Clerk.
also includes municipal solid waste generated outside 
of the United States. 
‘‘(5) SPECIFIC
AUTHORIZATION.—The term 
‘specifically authorizes’ refers to an explicit author-
ization, contained in a host community agreement or 
permit, to import waste from outside the State. 
Such authorization may include a reference to a 
fixed radius surrounding the landfill or incinerator 
which includes an area outside the State or a ref-
erence to ‘any place of origin’, reference to specific 
places outside the State, or use of such phrases as 
‘regardless of origin’ or ‘outside the State’. The lan-
guage for such authorization may vary as long as it 
clearly and affirmatively states the approval or con-
sent of the affected local government or State for re-
ceipt of municipal solid waste from sources or loca-
tions outside the State from which the owner or op-
erator of a landfill or incinerator proposes to import 
it. The authorization shall not include general ref-
erences to the receipt of waste outside the jurisdic-
tion of the affected local government. 
‘‘(i) COST RECOVERY SURCHARGE.—
‘‘(1) AUTHORITY.—A State may impose and 
collect a cost recovery surcharge on the combustion
or disposal in a landfill or incinerator of out-of-State 
municipal solid waste in such State. 
‘‘(2) LIMITATION.—During the period begin-
ning on the date of enactment of this section and 
ending on December 31, 2006, a State may not im-
pose or collect a cost recovery surcharge from a fa-
cility on any out-of-State municipal solid waste that 
meets both of the following conditions: 
‘‘(A) The waste is being received at the fa-
cility under one or more contracts entered into 
before the date of enactment of this section. 
‘‘(B) The amount of waste being received 
in a calendar year under the contract or con-
tracts does not exceed the amount of waste re-
ceived at the facility during calendar year 2003. 
‘‘(3) AMOUNT OF SURCHARGE.—The amount of 
the cost recovery surcharge may be no greater than 
the amount necessary to recover those costs deter-
mined in conformance with paragraph (5) and in no 
event may exceed $2 per ton of waste. 
‘‘(4) USE
OF
SURCHARGE
COLLECTED.—All 
cost recovery surcharges collected by a State shall be 
used to fund those solid waste management pro-
grams administered by the State or its political sub-
I 
108TH CONGRESS 
1ST SESSION H. R. 1587
To promote freedom and democracy in Viet Nam. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 3, 2003
Mr. SMITH of New Jersey (for himself, Mr. ROYCE, Mr. ROHRABACHER, Mr. 
WOLF, Mr. SOUDER, Mr. PENCE, Mr. CROWLEY, Ms. LOFGREN, Ms. 
ROS-LEHTINEN, Mr. TOM DAVIS of Virginia, Mr. TOWNS, Mr. MCNULTY, 
Ms. GINNY BROWN-WAITE of Florida, Mr. BALLENGER, Ms. LORETTA 
SANCHEZ of California, Mr. SAM JOHNSON of Texas, Mr. CLAY, Mr. 
BEAUPREZ, Mr. GREEN of Texas, Mr. ENGLISH, Mr. GREEN of Wis-
consin, Ms. NORTON, Mr. WYNN, Mr. BELL, Mr. MORAN of Virginia, Mr. 
PAYNE, Mr. COX, Mr. GALLEGLY, Mr. MOORE, Mr. VAN HOLLEN, and 
Mr. WELDON of Pennsylvania) introduced the following bill; which was 
referred to the Committee on International Relations, and in addition to 
the Committee on Financial Services, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To promote freedom and democracy in Viet Nam.
Be it enacted by the Senate and House of Representa-
tives 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 
‘‘Viet Nam Human Rights Act of 2003’’.
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Purpose. 
TITLE I—PROHIBITION ON NONHUMANITARIAN ASSISTANCE TO 
THE GOVERNMENT OF VIET NAM 
Sec. 101. Bilateral nonhumanitarian assistance. 
Sec. 102. Multilateral nonhumanitarian assistance. 
TITLE II—ASSISTANCE TO SUPPORT DEMOCRACY IN VIET NAM 
Sec. 201. Assistance. 
TITLE III—UNITED STATES PUBLIC DIPLOMACY 
Sec. 301. Radio Free Asia transmissions to Viet Nam. 
Sec. 302. United States educational and cultural exchange programs with Viet 
Nam. 
TITLE IV—UNITED STATES REFUGEE POLICY 
Sec. 401. Refugee resettlement for nationals of Viet Nam. 
TITLE V—ANNUAL REPORT ON PROGRESS TOWARD FREEDOM 
AND DEMOCRACY IN VIET NAM 
Sec. 501. Annual report.
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Viet Nam is a one-party state, ruled and 
controlled by the Vietnamese Communist Party. 
(2)(A) The Government of Viet Nam denies the 
people of Viet Nam the right to change their govern-
ment and prohibits independent political, social, and 
labor organizations. 
(B) The Government of Viet Nam prohibits and 
hinders the formation of civil society in Viet Nam.
†
HR 1588 EAS/PP
Engineering Data Management Information and Control
System (JEDMICS).
(b) NAVY PROCUREMENT.—The amount authorized to
be appropriated under section 102(a)(4) is hereby reduced
by $2,500,000, to be derived from the amount provided for
the Joint Engineering Data Management Information and
Control System (JEDMICS).
SEC. 214. HUMAN TISSUE ENGINEERING.
(a) AMOUNT.—Of the amount authorized to be appro-
priated under section 201(1), $1,700,000 may be available
in PE 0602787 for human tissue engineering. The total
amount authorized to be appropriated under section 201(1)
is hereby increased by $1,700,000.
(b) OFFSETS.—Of the amount authorized to be appro-
priated under section 301(4) for Operations and Mainte-
nance, Air Force is hereby reduced by $1,700,000.
SEC. 215. NON-THERMAL IMAGING SYSTEMS.
(a) AVAILABILITY OF FUNDS.—Of the amount author-
ized to be appropriated by section 201(2) for research, devel-
opment, test, and evaluation for the Navy and available for
Power 
Projection 
Applied 
Research 
(PE 602114N),
$2,000,000 may be available for research and development
of non-thermal imaging systems. The total amount author-
ized to be appropriated under section 201(2) is hereby in-
creased by $2,000,000
†
HR 1588 EAS/PP
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. PROHIBITION ON TRANSFER OF CERTAIN PRO-
GRAMS OUTSIDE THE OFFICE OF THE SEC-
RETARY OF DEFENSE.
The Secretary of Defense may not designate any offi-
cial outside the Office of the Secretary of Defense to exercise
authority for programming or budgeting for any of the fol-
lowing programs:
(1) Explosive demilitarization technology (pro-
gram element 0603104D8Z).
(2) High energy laser research initiative (pro-
gram element 0601108D8Z).
(3) High energy laser research (program element
0602890D8Z).
(4) High energy laser advanced development
(program element 0603924D8Z).
(5) University research initiative (program ele-
ment 0601103D8Z).
SEC. 212. OBJECTIVE FORCE INDIRECT FIRES PROGRAM.
(a) DISTINCT PROGRAM ELEMENT.—The Secretary of
Defense shall ensure that, not later than October 1, 2003,
the Objective Force Indirect Fires Program is being
planned, programmed, and budgeted for as a distinct pro-
gram element and that funds available for such program
†
HR 1588 EAS/PP
(b) OFFSETS.—The amount authorized to be appro-
priated by section 301(4) for Operation and Maintenance,
Air Force is hereby reduced by $1,000,000 and the amount
authorized to be appropriated by section 104 for Defense-
wide activities, is hereby reduced by $1,000,000 for Special
Operations Forces rotary wing upgrades.
SEC. 216. MAGNETIC LEVITATION.
(a) INCREASE
IN AUTHORIZATION
OF APPROPRIA-
TIONS.—The amount authorized to be appropriated by sec-
tion 201(3) for research, development, test, and evaluation
for the Air Force is hereby increased by $2,100,000, with
the amount of the increase to be allocated to Major Test
and Evaluation Investment (PE 0604759F).
(b) AVAILABILITY.—(1) Of the amount authorized to
be appropriated by section 201(3) for research, development,
test, and evaluation for the Air Force and available for
Major Test and Evaluation Investment, as increased by
subsection (a), $2,100,000 may be available for research and
development on magnetic levitation technologies at the high
speed test track at Holloman Air Force Base, New Mexico.
(2) The amount available under paragraph (1) for the
purpose specified in that paragraph is in addition to any
other amounts available under this Act for that purpose.
213
section 11B(c)(2) of the Export Administration Act of 
1979 (50 U.S.C. App. 2401b(c)(2)). 
(8) MISSILE
TECHNOLOGY
CONTROL
REGIME 
ANNEX; MTCR ANNEX.—The term ‘‘Missile Technology 
Control Regime Annex’’ or ‘‘MTCR Annex’’ has the 
meaning given the term in section 11B(c)(4) of the 
Export Administration Act of 1979 (50 U.S.C. App. 
2401b(c)(4)). 
(9) OPERATION
IRAQI
FREEDOM.—The term 
‘‘Operation Iraqi Freedom’’ means operations of 
United States Armed Forces, the armed forces of the 
United Kingdom, and the armed forces of other coali-
tion member countries initiated on or about March 
19, 2003—
(A) to disarm Iraq of its weapons of mass 
destruction; 
(B) to enforce United Nations Security 
Council Resolution 1441 (November 8, 2002) and 
other relevant Security Council resolutions with 
respect to Iraq; and 
(C) to liberate the people of Iraq from the 
regime of Saddam Hussein. 
(10) TECHNOLOGY.—The term ‘‘technology’’ has 
the meaning given the term in section 16(4) of the